Our firm offers skilled representation to clients facing professional malpractice claims, including those involving attorneys, medical practitioners, accountants, architects, engineers, and other licensed professionals. Professional malpractice arises when a professional fails to meet the standard of care applicable to their industry, resulting in harm to a client or patient.
In California, professional malpractice claims typically require proving the existence of a duty, breach of that duty, causation, and damages. These elements, as codified in California Civil Code Sections 1714 and 3333, serve as a foundation for most tort-based claims. Our attorneys possess in-depth knowledge of the laws and standards governing various professional practices, enabling us to develop strong cases on behalf of clients.
California law recognizes different statutes of limitations depending on the type of malpractice. For example, legal malpractice claims must generally be filed within one year after discovery of the wrongful act, pursuant to California Code of Civil Procedure Section 340.6. We provide precise and strategic representation to ensure our clients’ claims are timely and effectively advanced.
Whether defending professionals against allegations of malpractice or seeking redress for those harmed by professional negligence, we approach every case with unwavering attention to detail, technical expertise, and commitment to client success.
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1. Legal Malpractice Claims
Legal malpractice occurs when an attorney fails to exercise the skill, prudence, and diligence expected of a competent attorney under similar circumstances, resulting in harm to a client. Our firm represents clients in pursuing and defending legal malpractice claims throughout California.
To prevail on a claim for legal malpractice, plaintiffs must establish (1) the existence of an attorney-client relationship, (2) a duty of care, (3) a breach of that duty, (4) causation, and (5) damages. The “but for” causation requirement was articulated in Viner v. Sweet (2003) 30 Cal.4th 1232, mandating that plaintiffs prove they would have achieved a better result absent the attorney’s breach.
Common examples of legal malpractice include missed deadlines, conflicts of interest, errors in legal advice or representation, and inadequate preparation. Our attorneys are highly skilled in analyzing case records, expert testimony, and professional standards to determine whether malpractice occurred.
In defending legal professionals, we draw on the defenses of contributory negligence, statute of limitations bars, and the professional judgment rule. Our comprehensive approach ensures that claims are thoroughly litigated, reflecting the highest level of advocacy and dedication to protecting our clients’ interests.
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2. Accounting Malpractice Claims
Accounting malpractice occurs when a CPA or other accounting professional fails to meet the applicable standard of care, resulting in financial harm to a client. We represent individuals, businesses, and accounting firms in claims arising from accounting errors, audit failures, tax misadvice, and more.
California law establishes duties of care for accounting professionals based on industry standards, statutes, and case law. For example, an accountant’s duty to avoid negligent misrepresentation was recognized in Bily v. Arthur Young & Co. (1992) 3 Cal.4th 370, where the California Supreme Court limited an accountant’s duty to nonclients under certain conditions.
Claims may involve issues such as incorrect tax filings, failure to detect fraud, breach of fiduciary duty, or improper audits. Our attorneys work closely with financial experts to identify errors, calculate damages, and assess the causal link between the accountant’s breach and client harm.
Defending accounting professionals requires a sophisticated understanding of both financial principles and professional standards. Our firm’s litigation strategy includes challenging causation, highlighting client misrepresentations, and utilizing statute of limitations defenses as appropriate.
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3. Architectural and Engineering Malpractice Claims
Architectural and engineering malpractice claims arise when design professionals breach their duty of care, leading to construction defects, safety hazards, or project failures. Our firm provides skilled representation to clients on both sides of these disputes, including property owners, developers, architects, and engineers.
Under California law, architects and engineers are held to the standard of care customary within their professions, as reflected in case law and regulations. Claims may arise from errors in design plans, structural failures, building code violations, or project delays.
Claims often involve complex factual issues requiring expert testimony on design specifications, regulatory compliance, and engineering principles. Our attorneys collaborate with expert witnesses to establish or refute claims of negligence or professional misconduct.
Effective representation includes analyzing contract terms, identifying potential breaches, and pursuing remedies ranging from damages to injunctive relief. Our experience in construction and design litigation allows us to provide tailored, effective advocacy to achieve optimal results for our clients.
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4. Real Estate Professional Malpractice
Real estate professionals, including brokers and agents, owe a fiduciary duty of loyalty, good faith, and full disclosure to their clients. When these duties are breached, and a client suffers harm, claims of malpractice may arise. Our firm represents buyers, sellers, agents, and brokers in real estate malpractice disputes throughout California.
California Business and Professions Code Sections 10176 and 10177 set forth the legal standards governing real estate professionals, prohibiting misconduct such as misrepresentation, failure to disclose material facts, and conflicts of interest. Easton v. Strassburger (1984) 152 Cal.App.3d 90 highlighted the duty to disclose known defects affecting the value of a property.
Claims may include allegations of dual agency violations, inaccurate property valuations, or negligent misrepresentation. Our attorneys leverage their deep understanding of real estate law to advocate for our clients, analyzing contracts, disclosures, and communications to establish liability or defend against unfounded allegations.
By emphasizing proactive risk management and dispute resolution, we help clients navigate complex real estate transactions while minimizing exposure to malpractice claims.
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5. Fiduciary Duty Breaches by Professionals
Fiduciary duty breaches by professionals occur when a trusted advisor, such as a financial planner, attorney, or trustee, fails to act in the best interest of their client. Our attorneys represent clients pursuing claims for breaches of fiduciary duties, as well as professionals facing allegations of such misconduct.
Fiduciary duties are rooted in trust and require the highest standard of care and loyalty. Under California Civil Code Section 2228, fiduciaries are obligated to avoid conflicts of interest, disclose material facts, and act in the best interest of their clients. Case law, such as Meister v. Mensinger (2014) 230 Cal.App.4th 381, further elucidates the scope of fiduciary responsibilities.
Common fiduciary breaches include misappropriation of client funds, self-dealing, and failure to disclose conflicts. Our attorneys meticulously investigate claims, gather evidence, and work with financial and industry experts to establish breaches and quantify damages.
For professionals accused of fiduciary misconduct, our firm offers a robust defense, challenging the existence of fiduciary relationships, proving compliance with industry standards, and demonstrating good faith in professional conduct.
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6. Malpractice Insurance Coverage Disputes
Insurance coverage disputes often arise in the context of professional malpractice claims, as insurers and insureds disagree over the scope of coverage, policy exclusions, or duty to defend. Our firm represents clients in navigating these complex insurance matters to ensure that their interests are fully protected.
Professional liability insurance policies are governed by contract law principles and may be subject to complex exclusions or conditions. California courts have addressed the duty to defend and indemnify professionals in numerous cases.
We provide thorough analysis of policy terms, endorsements, and exclusions, helping clients understand their rights and obligations under professional liability policies. Our attorneys negotiate with insurers to secure defense coverage, indemnification, and favorable settlements where possible.
When disputes cannot be resolved amicably, we pursue litigation to enforce policy terms and protect our clients from uncovered liabilities, guided by a deep understanding of California insurance law and the nuances of professional malpractice coverage.
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7. Statutory Compliance for Professionals
Compliance with statutory and regulatory requirements is a cornerstone of professional practice. Our firm advises professionals on meeting these obligations, minimizing the risk of regulatory actions, disciplinary proceedings, and civil liability.
Professionals in California are subject to oversight by licensing boards, regulatory agencies, and industry standards