Client Alert #1: "Statutes of Limitation for Legal Malpractice: A Trap for the Unwary"

In California, with rare exceptions, the statute of limitations for a legal malpractice case is very short...one year starting from the convergence of two events. One: The client knows, or has a reasonable belief that the attorney was negligent, and two, the client has suffered actual damages. This is a simplified answer to a complex issue and a murky area of law that has caused serious problems for people with once valid claims.  The one year statute applies not only to legal malpractice cases, but to virtually any attorney misconduct except fraud which is three years.  There are circumstances that may extend or toll the statute (such as where the attorney continues to represent the client on the same matter as the malpractice occurred), but these are slippery slope concepts.

For a detailed review of the law on the Statute of Limitations for legal malpractice cases in California, (written primarily for lawyers), please read the below referenced article we wrote several years ago.

Article

Client Alert #2: Mediation Traps

We are big believers in mediation.  But as a result of a fairly recent California Supreme Court case, mediation has become a potentially terrible trap for clients.

The Basics

There is a very strong chance that if you are involved in a lawsuit in California, you will participate in a process called mediation.  Mediation involves the use of a third party (usually a retired judge or lawyer who is hired by both sides) who tries to settle (mediate) the dispute.  It can be something that the Court orders the parties to go through, but usually, it is something that parties, through their attorneys agree to voluntarily participate in.  Mediation should not be mistaken for its close cousin, the mandatory settlement conference, which is a process typically involving an active duty judge, or a judge pro tem (sort of deputized judge).

This is not the place to explain in detail how the process works, and there are many good articles on the internet that discuss how to prepare for a mediation, and what happens during the process.  However, it is the place to alert you to a potentially serious problem.

Read More

Client Alert #3: “How to Read a Legal Bill”

We all know that lawyer billing can be ripe with excesses and abuses.  But understanding how and where they occur requires an understanding of where the problem areas are, and the first step in getting a handle on and control of your legal fees and costs is learning how to read a legal bill.

This page provides an interactive tutorial on how to read and understand a legal bill including ours.