Legal Question in Legal Ethics in California

Sueing an attorney for negligence

Can an attorney be sued for negligence if a jury trial was lost due to the attorneys deliberate neglectful actions such as not following threw on obtaining discovery documents, not taking depositions,not keeping the client informed so as allow the client the oppertunity to correct errors in pleadings, not filing documents with-in the mandantory time limits resulting in the pleading being denied for late filing, etc. I am fully awear that these actions may constitute legal malpractice but am serching for a different avenue to remedy the situation. Where can I find the civil code for what constatutes negligence. thank you


Asked on 8/28/00, 8:26 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Sueing an attorney for negligence

I don't know offhand if there's the Civil Code section that defines negligence or not it. They're probably is one, but I can tell you what legal definition is. Negligence is either the failure to do something to you had a legal duty to do, or it can also be doing something that you were legally obligated not to do. I don't know enough about your case to tell you whether or not it was legal malpractice. The court will look at all of the circumstances and then if it determines that there was a duty for your attorney to do something that he failed to do, then you may have a case.

In order to prevail in a negligence action you must basically prove three things. First, you must prove the existence of the duty. Second, you must prove that there was a failure to perform the duty. Finally, he must show that you were damaged due to the failure to perform the duty.

Read more
Answered on 12/15/00, 3:05 am


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California