Law Practice,
Ethics/Professional Responsibility
Feb. 12, 2013
2012 year in review: key malpractice decisions
Appellate courts further defined the scope of key defenses available to lawyers by affirming a broad interpretation "actual injury," clarifying the showing necessary to establish causation and damages, and limiting the scope of the anti-SLAPP statute.
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."
Alex A. Graft
Partner
Lewis Brisbois Bisgaard & Smith LLP
Email: alex.graft@lewisbrisbois.com
Alex is a certified specialist in legal malpractice law by the State Bar of California Board of Legal Specialization. He represents a wide range of professionals in addition to defending lawyers.
Brian Slome
Partner
Lewis Brisbois Bisgaard & Smith LLP
Email: bslome@lbbslaw.com
Brian's practice focuses on the defense of professionals, which includes defending attorneys in legal malpractice and discipline proceedings.
In 2012 the appellate courts further defined the scope of key defenses available to lawyers by affirming a broad interpretation of what constitutes "actual injury" for purposes of triggering the statute of limitations, further clarifying the evidentiary showing necessary to establish causation and damages, and limiting the scope of the anti-SLAPP statute.
In Croucier v. Chavos, 207 Cal. App. 4th 1138 (2012), the Court of Appeal reaffirmed that "actual injury" occurs for ...
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