Legal Question in Personal Injury in California

It is malpractice for an attorney, when compared to the community standard of attorneys, fails to act or acts contrary to those standards and that behavior results in actually injury to the attorney's client. Often it is difficult to prove both elements.

Failure to advice a client of possible causes of action on whlich a suit can be filed can be malpractice. But you will have to show that if she had told you of that rght and you had sued, the court/jury would have awarded you anything. There is a one year statutue of limitations from the date you knew or reasonably should have known of the wrongful act. Such cases normally require an attorney's asistance as opposed to your doing it yourself because of the legal skills needed and the client's emotional reaction.