Experience You Can Trust
Legal Malpractice Lawyer
When your attorney fails to meet the professional standards required under California law and you are harmed as a result you may have a legal malpractice claim. At Abronson Law Offices, we represent clients across San Jose, Santa Clara County, and California who have suffered because of attorney negligence.
Legal malpractice cases are complex. They involve both the conduct of the lawyer and the outcome of the original case. If you believe your case was lost, dismissed, or under-settled due to your lawyer’s mistakes, we can help.
Legal Malpractice Cases Matter
When people hire an attorney, they expect integrity, competence, and strategic judgment. Attorney mistakes carry serious consequences. Missed deadlines, inadequate investigation, or negligent document preparation can derail a case entirely.
According to the American Bar Association (ABA), the most common causes of legal malpractice include:
· Failure to know or apply the law
· Inadequate investigation or discovery
· Missed statute of limitations
· Failure to obtain client consent
· Conflicts of interest
· Procrastination and lack of follow-through
Other factors can include:
· Improper handling of discovery or evidence
· Inadequate legal advice or failure to warn clients of risks
· Breach of fiduciary duty or client confidentiality
· Mishandling of settlement funds or retainers
· Improper withdrawal from representation
· Negligent drafting of contracts, wills, or other legal documents
· Procedural errors
When these errors result in the loss of a legal right, financial damages, or harm to your reputation, you may have the right to pursue compensation.
Legal malpractice lawsuits hold negligent attorneys accountable and help restore justice for clients who were left with less than they deserved.
Why Choose Abronson Law Offices?
Legal malpractice is often described as a “case within a case.” To succeed, you must prove not only that your former attorney acted negligently, but that you would have obtained a better result in your original case had they done their job properly.
We are not intimidated by our professional colleagues. If another lawyer’s actions caused you financial loss we are prepared to hold them accountable.
What sets us apart:
· Proven results in legal malpractice cases
· Experience handling complex legal malpractice cases
· Access to legal experts to support standard-of-care evaluations
· Transparent communication, every step of the way
We have recovered compensation for clients harmed by:
· Loss of a winnable civil case due to attorney negligence
· Dismissed claims due to missed deadlines
· Poor settlements due to mishandled claims
· Disputes caused by drafting errors
· Fraud or unethical conduct
What Compensation Can I Recover?
The purpose of a legal malpractice claim is to recover what you would have received had the attorney not made a mistake. This may include:
· Value of lost settlements or judgments
· Lost property, benefits, or financial opportunities
· Attorney’s fees paid to the negligent lawyer
· Interest and penalties stemming from the error
Common Questions About Legal Malpractice Cases
What is the Statute of Limitations for Legal Malpractice in California?
A: Under California Code of Civil Procedure § 340.6, you must file a legal malpractice claim within one year of discovering the malpractice, or within four years of the actual misconduct, whichever comes first. However, the statute may be tolled (paused) while the attorney continues representing you in the same matter. This statute is not straightforward in its application. We highly recommend that you discuss your claim with an experienced legal malpractice attorney.
Can I Sue My Current Attorney for Malpractice?
A: Yes, but this may not be an optimal strategy. Consult a legal malpractice lawyer.
What’s the Difference Between a Bar Complaint and a Malpractice Claim?
A: A State Bar complaint can lead to disciplinary action (like suspension or disbarment), but it does not provide compensation. A legal malpractice lawsuit is a civil claim for financial damages resulting from attorney negligence.
Is a Bad Result the Same as Malpractice?
A: No. Losing a case doesn’t always mean malpractice occurred. Attorneys are allowed to make reasonable tactical or strategic decisions, even if those choices do not lead to a win. Malpractice involves falling below the required standard of care.
What is the “Case Within a Case” Requirement?
A: You must prove that, had your attorney not made a mistake, you would have obtained a better result in your original case. That means re-litigating the underlying case in the context of the malpractice claim.
Can I Bring a Claim if the Attorney has no Malpractice Insurance?
A: Yes, but recovery may be limited. California requires attorneys to disclose whether they carry malpractice insurance. If your attorney had no coverage and limited assets, it may affect your ability to collect damages.
Do I Need an Expert Witness to File a Legal Malpractice Claim?
A: In most cases, yes. California courts generally require expert testimony to establish the attorney’s breach of the standard of care and to explain how the mistake caused your damages.
What if I Can’t Afford a Lawyer?
A: You don’t need to. We work on a contingency fee basis, meaning you owe nothing unless we recover money for you.
Get a Free, No-Pressure Consultation
You do not have to do this alone. Our team is here to help you understand your rights, evaluate your case, and move forward with confidence. We offer fully remote services and free consultations by phone or video. If you’re recovering at home or in the hospital, we’ll meet you where you are.
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Office Locations
Main Office
332 North 2nd Street
San Jose, CA 95112
San Francisco Office
1390 Market Street, Suite 200
San Francisco, California 94102
Contact Us
Phone: (408) 687-9155
Fax: (408) 352-5595