Legal Question in Legal Malpractice in California

Legal malpractice cases are fraught with difficulties. You would first have to prove that but for the attorney's negligence, you would not have been convicted or would have had a better outcome. That's an onerous task in a criminal case. You will also need a legal expert who would testify that the attorney's work fell below the standard of care and who opines that you were harmed by such professional negligence.

To proceed, you would have to file a complaint against the attorney and the law firm, and then serve both of them with the summons and complaint.

You must prepare and file a complaint and summons for legal malpractice in a separate civil court lawsuit. (Can't do it in criminal court.)