What is the test for a plaintiff to sue an attorney for negligence?

California, United States of America


The following excerpt is from Thornburg v. Faunce, G050299 (Cal. App. 2014):

To state a cause of action for legal malpractice, a plaintiff must plead "(1) the duty of the attorney 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 the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence. [Citations.]" (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1199-1200.)

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