California Legal Malpractice Law

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This book addresses both the fabric of California legal malpractice law and the cases and issues confronting attorneys.

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New from The Recorder!
California Legal Malpractice Law is available as a paperback and in EPUB format, with hyperlinks to the full text of cases, statutes and other authoritative content.

In this new era of technology, patent disputes, mega law firm mergers, and business globalization, the threat of legal malpractice has become a part of the modern day law practice.

California Legal Malpractice Law offers practical guidance, including effective claim prevention and loss avoidance.

Two Cases in One

Defending a malpractice case requires not only an understanding of legal malpractice law, but the substantive law of the underlying the lawsuit or transaction. Lately there has been a rise in claims from intellectual property, real estate, personal injury, bankruptcy, and securities matters. And in California, claims from entertainment law are growing. Randy Evans, Shari Klevens, and Suzanne Y. Badawi offer practical solutions in avoiding and handling legal malpractice claims.

California Legal Malpractice

Identifies Legal Malpractice Law and Defenses

•Legal Elements of a Claim

•Using Experts in a Malpractice Claim

•Liability for or in Conjunction With the Conduct of Others

•Defenses to Legal Malpractice Claims

Instructs in Legal Malpractice Prevention

•Structuring a Law Firm To Reduce Risk Under California Law

•Identifying and Resolving Conflicts of Interest

•Email and Attorney Marketing: New Issues in 21st Century Law Practice

•Ethics for the Trial Practitioner

•Sanctions

Advises on Insurance and Loss Avoidance

•The Tripartite Relationship

•Handling a Claim: Four Steps for Attorneys Who Discover an Error or Receive a Legal Malpractice Claim

Authors Pay it Forward

Consistent with that guiding principle, all

royalties from California Legal Malpractice Law will go to the

California Bar Foundation to help fund a diversity scholarship for

a student facing hardship based on family obligations.

Additional Information

Additional Information
SKU	CAML
Volumes	0
Product Types	Books
Brand	The Recorder (CA)
Publication Date	April 16, 2014
Jurisdiction	California
ISBN	978-1-57625-724-1
Page Count	0
Edition	1st Edition

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Author Info

J. Randolph Evans

J. Randolph Evans is a partner at McKenna Long & Aldridge. He handles highprofile, complex litigation matters in Georgia and federal courts for some ofthe largest companies in the world. He is a frequent lecturer and prolificauthor on the subjects of professional liability and ethics. He has authored orco-authored seven books, including The Practical Guide to Legal Malpractice Prevention(ICLE GA, 8th ed. 2000) and The Practice Guide to Purchasing Legal MalpracticeInsurance (3d ed. 1999).

Shari L. Klevens

Shari L. Klevens is a partner and is the Deputy General Counsel at the law firm of McKenna Long & Aldridge. She represents lawyers and law firms in the defense of legal malpractice claims and advises and counsels lawyers concerning claims for malpractice, ethical violations, and breaches of duty. Shari is the Practice Group Leader for McKenna Long & Aldridge LLP’s Law Firm Practice Group and is a frequent writer and lecturer on issues related to legal malpractice. Shari also litigates complex commercial cases in state and federal courts across the country. She has authored or co-authored two other books: Georgia Legal Malpractice Law (ALM 2014) and The Lawyer’s Handbook: Ethics Compliance and Claim Avoidance (ALM 2013). Shari is a member of the ABA’s Standing Committee on Lawyer’s Professional Liability.

Suzanne Y. Badawi

Suzanne Y. Badawi is Special Counsel at the law firm of Sheppard, Mullin, Richter & Hampton. She is an appointed member of the California State Bar Committee on Professional Liability Insurance (COPLI), which administers the bar-sponsored lawyers Errors & Omissions insurance program. She is also a member of her Firm’s Law Firm Defense Initiative Committee that focuses on legal malpractice law, trends, insurance, and avoidance. She is a frequent lecturer on professional liability and insurance laws in California. Suzanne also litigates insurance cases in state and federal courts throughout California. Suzanne is the sole California Bar admitted attorney of the authors.

Table Of Contents

Part I Legal Malpractice Law and Defenses …………………………………………………… 1

Chapter 1: Legal Elements of a Claim ……………………………………………………………………………..…….. 3

Chapter 2: Using Experts in a Malpractice Claim ……………………………………………………………………. 59

Chapter 3: Liability for or in Conjunction With the Conduct of Others………………………………………65

Chapter 4: Defenses to Legal Malpractice Claims …………………………………………………………………………… 77

Part II Legal Malpractice Prevention ……………………………………………………………….161

Chapter 5: Structuring a Law Firm To Reduce Risk Under California Law…….……………………………….. 117

Chapter 6: Internal Audit ………………………………………………………………………………………………... 125

Chapter 7: Identifying and Resolving Conflicts of Interest ………………………………..…………………….. 169

Chapter 8: Email and Attorney Marketing: New Issues in 21st Century Law Practice ........………. 205

Chapter 9: Ethics for the Trial Practitioner ………………………………………………………………………… 219

Chapter 10: Sanctions …………………………………………………………………………………………………….. 239

Part III Insurance and Loss Avoidance ………….…………………………………………………. 251

Chapter 11: Purchasing Legal Malpractice Insurance …………………………………………………………….. 253

Chapter 12: The Tripartite Relationship ……………………………………………………………………………… 283

Chapter 13: Handling a Claim: Four Steps for Attorneys Who Discover an Error or Receive a Legal Malpractice Claim…………. 299

Table of Cases ………………………………………………………………………………………………………………. 000

Index ………………………………………………………………………………………………………………………….. 000

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