Law Practice,
Ethics/Professional Responsibility
Mar. 1, 2014
Legal malpractice: Show me the damage!
An attorney should be able to argue that actual payment of an adverse judgment is a prerequisite because otherwise a plaintiff could recover for a judgment that never would have been paid. By Kenneth C. Feldman and David D. Samani
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."
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.
On Jan. 24, our year-end recap of notable 2013 decisions affecting lawyers discussed Wise v. DLA Piper, 220 Cal. App. 4th 1180 (2013). Wise involved the reversal of a judgment in a legal malpractice case because the plaintiff had not demonstrated that the underlying judgment, purportedly lost due to attorney malpractice, was collectible. This is a prima facie element of a legal malpractice claim asserting negligence in the prosecution of a claim for damages. See Garretson v. Mill...
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