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Orange County Legal Malpractice Attorneys Legal or attorney malpractice can be described as a lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances. This does not mean that every time there is a "bad" or "unfortunate" outcome in a case there has been malpractice. It does not mean that just because an attorney gave what turned out to be "bad" or "the wrong" advice that he is liable for malpractice. No professional is an insurer of a positive outcome for his client. What creates liability is the lawyer's failure to act in the manner the ordinary or reasonable lawyer would act in handling that matter for his client. Beyond establishing the lawyer's negligence in rendering professional services, a plaintiff must also prove that the negligence was the legal cause of some actual damage to the plaintiff. Damages may not be based upon sheer speculation or surmise, and the mere possibility or even probability that damage will result from wrongful conduct does not render it actionable. It is not sufficient to allege that the underlying case should have settled for more, or might have resulted in a higher verdict at trial. It is not sufficient to allege that "if" the plaintiff had been given the right advice, he might have spent less money in a transaction, or might have received more in the transaction. For legal malpractice in litigation cases, the need to prove actual damages requires the plaintiff to prove what he would have recovered in the "underlying" action, and that he was denied that recovery by the actions of the lawyer. The jury instruction which is read in California legal malpractice cases tells the jury that California law requires a plaintiff who establishes malpractice on the part of his or her attorney in prosecuting a lawsuit must also prove that careful management of it would have resulted in a favorable judgment and collection thereof. Because of this, the "new" attorney must litigate the "case within the case": that is, he must not only prove that the first attorney was negligent, but also that there would have been a recovery in the lawsuit the attorney was hired to prosecute. If there was difficult or no liability in the underlying case, there is little chance of a recovery in a legal malpractice case. If the defendant had no insurance, or had no assets from which a judgment could be satisfied, there is no actual damage that can be recovered in the legal malpractice case. IF YOU HAVE BEEN SERIOUSLY INJURED IN AN ACCIDENT OR AS THE RESULT OF NEGLIGENCE, YOU NEED THE ADVICE OF AN EXPERIENCED CALIFORNIA PERSONAL INJURY LAWYER. CALL BISNAR | CHASE - ORANGE COUNTY LAWYERS - TODAY FOR YOUR FREE CONSULTATION or click here to fill out our convenient and confidential on-line case evaluation form. 1-800-561-4831 "WHEN RESULTS COUNT - COUNT ON BISNAR | CHASE"

Orange County Legal Malpractice Attorney and Orange County Attorney Malpractice Lawyer Disclaimer: The Orange County legal malpractice, attorney malpractice, personal injury, wrongful death, negligence or other orange county legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact the Orange County legal malpractice attorneys and orange County legal malpractice lawyers at our Orange County law firm. This web site is not intended to solicit clients for matters outside of the State of California, although we have relationships with attorneys and law firms in states throughout the Country. The lawyer to contact regarding this website is John Bisnar. The Orange County Personal Injury Attorneys at Bisnar|Chase are licensed to practice in California, Nevada, New York and New Jersey. We represent Orange County Personal Injury clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their State, "pro hac vice", meaning "for this particular occasion". When in our client's best interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause. Copyright © 2007 BISNAR | CHASE. All rights reserved. Orange County Personal Injury Attorneys - Orange County Accident Lawyers - Dog Bite Lawyers - Nursing Home Abuse Attorneys - Amusement Park Accident Lawyers - Product Liability Law Firm. Also serving Nevada personal injury victims.