Can a subsequent legal malpractice action be successful because of the error by the underlying trial court?
California, United States of America
The following excerpt is from Kasem v. Dion-Kindem, B246916 (Cal. App. 2014):
No appeal was taken from that decision, and this subsequent legal malpractice action provides no remedy for the trial court's error. Judicial error by the underlying trial court can negate the elements of a legal malpractice claim. (See Church v. Jamison (2006) 143 Cal.App.4th 1568, 1584-1585.) That is the case here.
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