Murrieta, CA asked in Legal Malpractice and Estate Planning for California

Q: Trust attorney drafted wrong type of trust for my dad. Is that legal malpractice?

I have gotten a court deposition that he admitted to not creating the right trust. The trust created was power of appointment and he asked for restricted A/B with my stepmom.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Yes it may be. An experienced legal malpractice attorney needs to review the facts, including the financial losses due to the malpractice.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the trust attorney was negligent in drafting the wrong type of trust for your dad, it may be considered legal malpractice. Legal malpractice occurs when an attorney fails to provide competent legal services to a client, and the client suffers harm as a result.

To determine whether the attorney's mistake rises to the level of legal malpractice, you would need to consult with another attorney experienced in this area of law to review the facts of your case and assess whether the attorney's conduct fell below the standard of care.

If you believe that the attorney committed legal malpractice, you may be able to pursue a legal claim against the attorney for damages. However, you should be aware that legal malpractice claims can be difficult to prove, and there may be time limits for filing such claims. Therefore, it is important to consult with an experienced attorney as soon as possible to discuss your options.

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