Does the appellant have a cause of action for legal malpractice?

California, United States of America


The following excerpt is from Robinson v. McGinn, 195 Cal.App.3d 66, 240 Cal.Rptr. 423 (Cal. App. 1987):

Here the appellant never admitted he knew he had a cause of action for legal malpractice. At best, it could be argued, the appellant was aware of a potential malpractice claim against the respondents. However, even if appellant knew he had a cause of action "... it is black-letter law that damages may not be based upon sheer speculation or surmise, and the mere possibility or even probability that damage will result from wrongful conduct does not render it actionable. (Citations omitted.)" (Ventura County Humane Society v. Holloway (1974) 40 Cal.App.3d 897, 907, 115 Cal.Rptr. 464.)

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