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Law Practice,
Ethics/Professional Responsibility

Aug. 2, 2014

The blame game: causation in legal malpractice

"So often times it happens that we live our lives in chains / And we never even know we have the key" - Eagles, "Already Gone." And so it goes with many legal malpractice plaintiffs.

Kenneth C. Feldman

Partner
Lewis, Brisbois, Bisgaard & Smith LLP

Certified Specialist in Legal Malpractice

633 W 5th St Ste 4000
Los Angeles , CA 90071

Phone: (213) 250-1800

Fax: (213) 250-7900

Email: Ken.Feldman@lewisbrisbois.com

Loyola Law School

Kenneth is firm-wide chair of the legal malpractice defense group at Lewis Brisbois. He is a certified specialist, legal malpractice law, State Bar of California Board of Legal Specialization, and is vice chair of the State Bar Legal Malpractice Law Advisory Commission. Mr. Feldman is the author of "California Legal Malpractice & Malicious Prosecution Liability Handbook."

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David D. Samani

Senior Associate
Lewis, Brisbois, Bisgaard & Smith LLP

professional liability

633 W 5th St Ste 4000
Los Angeles , CA 90071

Phone: (213) 250-1800

Fax: (213) 250-7900

Email: david.samani@lewisbrisbois.com

Cornell University Law School

David is in Lewis Brisbois' professional liability group, regularly defends lawyers. He is a co-author of the California Legal Malpractice & Malicious Prosecution Liability Handbook, which is now in its 7th Edition.

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"So often times it happens that we live our lives in chains / And we never even know we have the key" - Eagles, from their hit "Already Gone." And so it goes with many legal malpractice plaintiffs. Rather than looking inward, they seek to shift the blame and paint themselves as victims despite having the ability to control their own business and settlement decisions. Indeed, more than a decade ago, in Viner v. Sweet, 30 Cal. 4th 1232 (2003), the state Supreme Court cautioned that ...

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