Legal Malpractice

An attorney seeking certification in legal malpractice must demonstrate that during the specified time period he or she has been substantially involved in the practice of legal malpractice law.

For purposes of the program, the attorney can make a prima facie showing of substantial involvement in the area of legal malpractice law by acquiring a certain number of points for certain completing certain types of tasks including:

• Acting as the principal counsel in devising, implementing or evaluating the advisability or the strategy of litigation and related issues, such as the existence of an attorney-client relationship and the unauthorized practice of law, in connection with pending or threatened litigation where matters of malpractice law are the main contested issue.

• Representing a claimant or attorney in litigation as its principal counsel where matters of malpractice law are the main contested issue.

• Acting as principal counsel in the trial, jury or non-jury, or binding arbitration of an action for legal malpractice or action on attorney’s fees tried to conclusion to a jury, judge, or arbitrator.

• Preparing or opposing a demurrer, a motion for summary judgment, or other dispositive motion in litigation where matters of legal malpractice law are the main contested issue.

• Preparing briefs in litigation matters before a court or arbitral forum.

• Representing a party in a formal mediation before a neutral party as its principal counsel where matters of legal malpractice are the main contested issue.

• Acting as an expert witness or legal consultant in litigation where matters of legal malpractice are among the main contested issues

• Acting as an arbitrator or mediator in any litigation or formal mediation where matters of malpractice law are among the main contested issues.

• Representing a claimant or attorney in a legal malpractice matter in bringing or defending an anti-SLAAP motion.

• Representing a claimant or attorney in a legal malpractice matter where there is an underlying coverage issue or reservation of rights letter.

• Providing substantive written legal advice or analysis regarding conflicts of interest issues.

• Providing substantive written legal advice or analysis regarding issues related to fees for legal services rendered by an attorney, including collectability, unconscionability under the Rules of Professional Conduct, reasonableness under Business & Professions Code §§6147-6148, and issues of quantum merit.

• Providing substantive written legal advice or analysis regarding a statute of limitations issue for legal malpractice.

• Participation in a Bench Bar panel in which there is a fee dispute over the attorney’s legal services.

• Providing substantive written legal advice or analysis regarding an attorney’s errors and omissions insurance policy, including insurance coverage policy limits, reservations of rights, and/or coverage exclusion issues.

• Providing substantive written legal advice or analysis regarding other material issues concerning legal malpractice law not otherwise covered above: 5 points per separate matter or transaction.

An attorney seeking certification in legal malpractice must demonstrate that within the specified period the attorney completed a specified number of education activities approved for, or relevant to, legal malpractice law.

The rules also provide an alternative equivalent to the requirement of passing a written examination including authoring published articles, authoring a practice book (or chapter in such book), in the area of legal malpractice law; or presenting at an approved continuing legal education (CLE) on topics for legal malpractice law.

Professional negligence cases might involve losses for large sums of money for a business or individual. If you or your company suffered a substantial loss because of the misconduct of an attorney, you should seek out the services of an experienced legal malpractice attorney.

The elements of a legal malpractice claim include:

• a loss stemming from the negligent act of representation;
• negligent representation or acts by the lawyer; or
• a valid attorney-client relationship.

Legal negligence claims often involve claims that the attorney breached the standard of care, the breach of duty caused harm to the client, and the client accrued damages because of the malpractice.