Legal Malpractice Attorney in California: Safeguarding Clients When Counsel Goes Wrong
By James L. Arrasmith, Owner & Chief Legal Counsel, The Law Offices of James L. Arrasmith
Why Legal Malpractice Matters
When the very lawyer you trusted misses a critical deadline, mishandles funds, or otherwise falls below the professional standard of care, the consequences can be life-altering. “Clients come to me believing they have no further recourse,” says James L. Arrasmith. “I remind them that attorneys are held to strict fiduciary duties, and the law provides remedies when those duties are breached.”
The Four Elements of a Legal Malpractice Claim
1. Attorney–Client Relationship (Privity)
You must prove that the lawyer formally represented you.
2. Breach of Duty ( Negligence or Misconduct)
Examples include missing the statute of limitations or failing to file key motions. For a detailed discussion, see our guide “How to Sue Your Lawyer for Malpractice.” :contentReference[oaicite:0]{index=0}
3. Causation (“But For” Test)
You must show that, but for the lawyer’s mistake, you would have obtained a better result.
4. Damages
These can include lost judgments, additional legal fees, and reputational harm.
Common Scenarios We See
- Missed court filing deadlines
- Improper conflict-of-interest disclosures
- Mishandling client trust funds
- Failure to follow explicit client instructions
Statute of Limitations
In California, most legal-malpractice actions must be filed the earlier of (a) one year after the client discovers—or should have discovered—the wrongful act, or (b) four years after the act itself (Cal. Civ. Proc. Code § 340.6). Because these deadlines turn on fact-specific events, time is of the essence.
How Our Firm Builds Your Case
- Forensic review of the entire prior file
- Retention of expert witnesses on standard of care
- Damages modeling with accountants and economists
Why Clients Choose James L. Arrasmith
Mr. Arrasmith has been recognized as a Super Lawyers® Rising Star and graduated valedictorian of his law-school class. He has successfully litigated complex malpractice matters statewide.
Your Next Step
“Accountability restores faith in the legal system,” observes Mr. Arrasmith. That’s why it’s essential to hire a qualified attorney—schedule a confidential initial attorney appointment here.