recovery potential from a defendant whose attorney cmitted malpractice

Can a plaintiff recover attorney’s fees in a legal malpractice case?

Jun 06, 2019 · The Chafetz Court distinguished the case before it from cases where the legal malpractice plaintiff was a defendant in the underlying case who then sought to recover the punitive damages awarded against him or her, which the plaintiff alleges would not have been assessed but for attorney negligence. Other courts have not made this distinction and have …

Can I recover all damages directly caused by my lawyer?

1. Documented economic losses resulting from legal malpractice are generally recoverable in a successful malpractice action against the plaintiff’s attorney. 2. Attorney fees incurred to file and prosecute the malpractice action are not generally considered recoverable damages.

Can a plaintiff recover punitive damages for Attorney’s negligence?

Jun 13, 2013 · If you feel that your attorney has committed malpractice, you are probably not eager to call another lawyer for help. When you do decide you are ready to pursue a claim against the attorney, call Micha Star Liberty of Liberty Law, at 415-896-1000 or 510-645-1000. She works with clients in Oakland, San Francisco, Fairfield, Tracy, Hayward ...

What is the difference between legal malpractice and general negligence?

Oct 01, 2018 · Additionally, plaintiff cannot recover attorney’s fees incurred in prosecuting a legal malpractice claim. This is so even if there is a prevailing party attorney’s fees provision in the fee agreement between plaintiff and the negligent attorney. (Santisas v. Goodin (1998) 17 Cal.4th 599, 615.) The reason being, such fees are recoverable in contract, not tort.

What should a plaintiff know about malpractice?

Plaintiffs seeking to bring a malpractice action against former counsel should know what kind of damages they will need to prove (and possibly be permitted to recover). Knowing what kinds of damages are available helps plaintiffs decide when and if to being suit.

What is a lawyer liable for?

Attorneys who commit legal malpractice are liable for all consequential damages the client suffers. Generally, this means the difference between what the plaintiff actually received or recovered and what the client would have received had the lawyer not committed malpractice. Compensatory damages may fall into a number of categories.

What is compensatory damages?

“Compensatory damages” are damages intended to compensate the plaintiff for damages he or she has suffered. In other words, compensatory damages attempt to make the plaintiff “whole.”.

Can a plaintiff recover attorney fees?

However, plaintiffs may be able to recover attorney fees paid to commence a lawsuit against a third party ( not the negligent lawyer) or defend a lawsuit brought by a third party, where the defendant lawyer’s malpractice caused the lawsuit or made it necessary.

Is a punitive award recoverable?

3. Punitive damages are not generally recoverable, but may be an option where the negligent lawyer’s conduct justifies an attorney fee award because the lawyer engaged in “oppression, fraud, or malice” against the client which was sufficiently extreme to qualify for punitive damages.

Is legal malpractice recoverable?

Documented economic losses resulting from legal malpractice are generally recoverable in a successful malpractice action against the plaintiff’s attorney. 2. Attorney fees incurred to file and prosecute the malpractice action are not generally considered recoverable damages.

Can a plaintiff recover punitive damages?

Hypothetically speaking, a plaintiff could recover punitive damages if he/she could demonstrate the attorney’s negligent conduct amounts to “despicable conduct” done with a “willful and conscious disregard” of the safety of others. ( Civ. Code § 3294, subd. (c) (1).)

Can you recover attorney fees for a lawsuit?

The reason being, such fees are recoverable in contract, not tort. ( Id .) Notwithstanding the above, plaintiff can recover attorney’s fees incurred in prosecuting a lawsuit against a third party, or defending against claims of a third party, where such actions are a direct result of attorney malpractice.

Can a plaintiff recover attorney fees?

Additionally, plaintiff cannot recover attorney’s fees incurred in prosecuting a legal malpractice claim. This is so even if there is a prevailing party attorney’s fees provision in the fee agreement between plaintiff and the negligent attorney. ( Santisas v. Goodin (1998) 17 Cal.4th 599, 615.)

Can a plaintiff recover damages from a lawyer?

The elements of a legal malpractice claim , on their face , appear to suggest a plaintiff can recover all damages directly and proximately caused by his/her attorney’s negligence. However, the actual scope of recoverable damages is much more limited, controlled by what is commonly referred to as the “case-within-a-case” standard.

Honest Legal Malpractice Attorneys Can Help You

It is important in legal malpractice cases to be represented by qualified, experienced and honest legal malpractice attorneys who can help build a strong case and receive reasonable compensation for you.

What To Consider In A Legal Malpractice Case

In a legal malpractice case, there are three things that must be proved in the lawsuit in order to receive compensation for injuries sustained. First, the lawyer-client relationship has to be established. Most often a fiduciary relationship exists between the lawyer and the client requiring the lawyer to provide a minimum standard of service.

Legal Malpractice Insurance Can Affect the Outcome Of A Case

Malpractice insurance can greatly affect the outcome of a legal malpractice lawsuit. As a general rule, legal professionals are not required to obtain legal malpractice insurance. Statistics show that approximately sixty percent of attorneys have legal malpractice insurance.