Legal Malpractice
1Elements and Case Citations
The elements of a legal malpractice claim arising from a civil proceeding are:
- The duty of the attorney to use such skill, prudence, and diligence as members of his or her profession commonly possess and exercise;
- A breach of that duty;
- A proximate causal connection between the breach and the resulting injury; and
- Actual loss of damage resulting from the attorney’s negligence.
Subscribers To The California Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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