Legal Question in Legal Malpractice in California

Malpractice means the same thing as "professional negligence." Negligence is a duty of care coupled with a failure to exercise that degree of care, resulting in damages. The only thing special about professional negligence, whether it be legal, medical or whatever, is that the "due care" is the degree of care that is the minimum standard of care acceptable in the profession for carrying out the professional duties in question. So a lawyer is liable for malpractice if they fail to exercise the minimum degree of care acceptable in the legal profession in providing the legal services they have been retained to provide, and that failure results in damages to the client. What the standard of care is in any particular case is generally established by the testimony of expert witnesses.