Archive for the ‘ Legal Malpractice’ Category

California Legal Malpractice Laws

Tuesday, June 1st, 2010

Proving that someone is guilty of malpractice can be very difficult. From a professional perspective, the stakes could not be higher for someone accused of malpractice. If you think that your attorney is guilty of “improper or immoral conduct in the performance of duties, done either intentionally or through carelessness or ignorance,” then you may wish to contact an experienced California legal malpractice lawyer to investigate the matter. However, before you contact a Southern California legal malpractice attorney such as Samer Habbas, consider the following information:

The California statute of limitations for filing legal malpractice cases is either one year after you have discovered that your attorney did something unethical or four years after the attorney did something unethical. There are few exceptions to this statute. One addresses situations where a client has a disability that prevents him or her from filing, and another addresses situations where a lawyer willfully fails to disclose the facts to a client.

Mr. Habbas would also like to stress that receiving an unfavorable verdict in a case is not grounds to file a legal malpractice lawsuit. In order for a lawyer to be liable for malpractice, he or she must fail to provide the skill and care that a “reasonably careful attorney would have used in similar circumstances.” Further, a client must prove that an attorney’s malpractice caused him or her to suffer some type of loss.

Many clients who feel that their attorneys’ conduct constituted legal malpractice are surprised to find that their definitions are not consistent with California law. Legal malpractice cases can be quite complex and difficult to prove. Nevertheless, if you think that you have a legitimate legal malpractice claim against a lawyer, call 888.848.5084 today and schedule a free consultation with Long Beach legal malpractice lawyer Samer Habbas. He can explain the California laws that apply to your situation in much greater detail and answer any questions you may have. Only a court can decide if a lawyer is guilty of legal malpractice. If you have a legitimate claim, you’ll need an experienced California legal malpractice attorney by your side. Call Samer Habbas today for more information.

Resource link: Legal malpractice laws California

Attorney Faces Legal Malpractice Charges in Addition to Fraud

Thursday, May 20th, 2010

Federal prosecutors have asked a court to permanently disbar a St. Louis attorney who has been sued by some of his former clients for legal malpractice for promoting allegedly fraudulent tax schemes. The lawyer is one of many tax preparers across the country facing federal charges brought by the U.S. Department of Justice. Federal prosecutors say that the attorney sold fraudulent schemes to mostly wealthy clients in Missouri. The clients used the attorney’s charitable-contribution scheme to claim more than $750,000 in tax deductions for alleged contributions to two St. Louis-area private schools that actually received less than $2,000.

The attorney also faces charges for helping some clients evade Roth IRA contribution limits who later withdrew funds from these accounts without paying income tax. Two clients, a couple who owned their own business, participated in this scheme, and the IRS later audited and fined them for tax evasion. The couple has sued their former lawyer for legal malpractice, and the case is scheduled to go on trial in the near future.

Simply put, legal malpractice is a legal term for lawyers who cause harm to a client through negligence, breach of contract or breach of fiduciary duty. If you live in California and have reason to believe that your attorney is behaving inappropriately, call California legal malpractice layer Samer Habbas today at 888.848.5084. Legal malpractice cases are usually quite complicated, and an experienced Southern California legal malpractice attorney such as Mr. Habbas can investigate your case and determine whether you should proceed. For more information, call Los Angeles legal malpractice lawyer Samer Habbas today.

Resource link: St Louis Lawyer Joins DOJs List of Alleged Phony Tax Advisers

How and When to Pursue a Legal Malpractice Claim

Thursday, August 20th, 2009

A recent article in the Southeast Texas Record concerning a legal malpractice claim tells the story of a fellow who consulted with a lawyer after being hit by another motorist. The man claims that his attorney failed to file a lawsuit on his behalf and purposely neglected to inform him of a limit on policy settlements. People who seek the counsel of an attorney expect professional and ethical services. However, when there is a breach in the standard of service, there may be no other choice but to pursue a legal malpractice claim.

Practicing law is an exceptionally complex and difficult profession. Like any professional service, mistakes are occasionally made. However, when a lawyer’s conduct or incompetence has caused damage to a client’s case or led to a client losing a case, there may be grounds to pursue a legal malpractice claim. Anyone wishing to file a legal malpractice claim should remember that California’s statute of limitations for a legal malpractice case is one year from the date of two events:

  • The date that the client knows or should have known that the attorney was negligent, and
  • The client suffered damage.

In a legal malpractice case, not only is it necessary to prove that an attorney was negligent, it must also be proven that the outcome of a case would have been different if a lawyer had not been negligent in their professional and ethical responsibilities. As you might guess, a legal malpractice claim is a serious blow to the credibility of a lawyer and a lawyer accused of legal malpractice will work very hard to undermine the credibility of the case against him or her.

If you believe that you are the victim of legal malpractice, this is a very serious matter and you should contact the experienced California legal malpractice lawyers at the Law Offices of Samer Habbas for a free consultation. At Attorney Habbas’ office, rest assured that you will always receive the highest professional and ethical consideration.

Los Angeles Appeals Court Gives Legal Malpractice Case a Second Chance

Tuesday, June 2nd, 2009

Law.com reports that a long-standing legal malpractice case against a Seattle-based law firm has been given a new lease on life by the California 2nd District Court of Appeals. The Los Angeles court came to the decision on April 22, 2009, reinstating a lawsuit against the law firm of Perkins Coie.

The legal malpractice lawsuit was originally filed in 2007 by In4Network, a Washington-based business services company. In4Network hired Perkins Coie as representation in a suit against the University of Southern California. According to the Law.com story, In4Network later sued the law firm for charging excessive fees and for legal malpractice in the USC case.

(more…)

California Bar Association Shuts Down Orange County Lawyer's Offices

Tuesday, April 14th, 2009

The California Bar Journal reports that the State Bar of California has effectively shut down the offices of Orange County attorney, Mitchell Roth. Roth, whose practice was recently expanded to include foreclosures, was hospitalized in January and was therefore unable to provide adequate representation to a large influx of approximately 2000 foreclosure clients.

Citing concerns that Roth was unable to effectively represent his clients-many of whom are facing the loss of their homes-the state bar pressed the Superior Court for permission to take jurisdiction over the practice under the provisions of the Business and Professions Code. In February 2009, the Superior Court responded, granting prosecutors for the state bar an order which shut down three law offices belonging to Roth.

In this case, Roth consented to the action, conceding that the action was in his clients’ best interests.

(more…)