What is the test for proving that an attorney erred?

California, United States of America


The following excerpt is from Syers Props. Iii, Inc. v. Rankin, A136018 (Cal. App. 2014):

"To prevail in a legal malpractice action, '[s]imply showing the attorney erred is not enough.' [Citation.] The plaintiff must also establish that but for the alleged malpractice trial or settlement of the underlying lawsuit would have resulted in a better outcome. (Viner v. Sweet [(2003)] 30 Cal.4th 1232, 1244; [citations].) 'Thus, a plaintiff who alleges an inadequate settlement in the underlying action must prove that, if not for the malpractice, she would certainly have received more money in settlement or at trial.' [Citation.]" [] "The requirement that a plaintiff need prove damages to 'a legal certainty' is difficult to meet in any case. It is particularly so in 'settle and sue'

Page 13

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (California, United States of America)
What is the burden of proving that the trial court erred and improperly included attorney fees and college expenses in a verdict? (California, United States of America)
Does attorney-client privilege extend to disclosures made after the attorney refuses to undertake representation? (California, United States of America)
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney? (California, United States of America)
Does the Attorney General have an obligation to provide a good faith effort to obtain materials from a defendant's trial attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.