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Legal Malpractice

When you hire an attorney to work on your behalf, you are placing your trust in that person that they will uphold their professional obligation to you and serve your legal interests to the best of their abilities. You are not only paying a substantial legal fee (or portion of your potential recovery) to obtain legal services, but you are entrusting that lawyer with making sure justice is served in your case. So when an attorney fails to live up to his or her professional obligations by committing legal malpractice, you are doubly injured through the mishandling of your case and the loss of fees. And on top of everything, you are now in an adverse position to a trained lawyer who has the advantage of knowing the law.

In these types of legal malpractice matters, you want to work with a trusted and experienced attorney who can argue your legal malpractice claim against the offending attorney and get the justice you deserve. At The McElfish Law Firm, we have 25 years of experience of successfully going up against other attorneys in the courtroom, and we will dedicate ourselves to seeing that justice is served in your legal malpractice case.

Winning Your California Legal Malpractice Case

In California, legal malpractice is also referred to as “professional negligence” and requires that the plaintiff prove the following factors:

  • A professional duty existed. When you retain a lawyer in California, that lawyer is required to use the “skill, prudence, and diligence” as other lawyers in California would use.
  • That professional duty was breached. With this element, a plaintiff needs to show that the lawyer’s actions fell below the standard for skill, prudence, and diligence required by their duty.
  • The breach caused an injury to the plaintiff. The next step is proving that the lawyer’s breach in failing to live up to professional standards actually resulted in some loss to the client, e.g. an unfavorable verdict or missed deadline.
  • The plaintiff’s injuries resulted in actual loss. The plaintiff then needs to quantify the financial losses suffered as a result of the injury, e.g. how much money was lost due to the failure to properly litigate a case.

As a layperson, you may not have a clear sense of whether your attorney breached his or her duty as a professional, or whether it resulted in a financial loss to you, and no doubt that attorney will try to argue to you that he or she acted properly. Our attorneys will look at the facts of your matter and assess whether your attorney did commit legal malpractice by investigating and building a case that the above factors can all be proven. If we find that legal malpractice did likely occur, we will do whatever it takes to represent your interests in winning your legal malpractice claim.

Experienced Litigators for Your Legal Malpractice Case

The McEflish law firm has been winning jury verdicts and favorable settlements on behalf of individuals and businesses for over 25 years. Our attorneys routinely will work to negotiate your best settlement from the start but will not hesitate to go to court to fight for your rights. Contact our office today to schedule a consultation to discuss your legal malpractice claim.

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Verdict for traumatic brain injury victim.

How We Help

At the McElfish Law Firm, we have the experience to help you or your business achieve the legal results you need. In the world of insurance, we have decades of experience in prosecuting and defending insurance claims and litigating policyholder rights actions in all types of circumstances and forums. On the employment side, we represent parties in all types of employment discrimination and wage and benefit claims, including sexual harassment, family leave violations, and overtime claims.
We also represent parties in workers’ compensation and employment contract claims. Finally, we represent businesses in their compliance and transactional needs to help them obtain their legal goals throughout all stages of their business formation and growth.


Call our offices at (310) 659-4900, our 24-hour hotline at (800) 750-8946, or email us to set up a free consultation.


Los Angeles

1112 N. Sherbourne Drive West Hollywood, CA 90069

Phone: (310) 659-4900

Fax: (310) 659-4926


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