What is the test for a claim for legal malpractice?

To prevail on a claim for legal malpractice, a plaintiff must prove the following elements: (1) the attorney's duty to use such skill, prudence, and diligence as members of his or her profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and resulting injury; and (4) actual loss or damage resulting from the attorney's actions. (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1199.) We accept here that an attorney's duty to use the skill, prudence, and diligence of his or her profession includes a duty not to bill for services that are not

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