Oakland, CA asked in Legal Malpractice and Civil Rights for California

Q: What jurisdiction do I file a malpractice claim or tort claim against a former Attorney hire to help contest a will

What jurisdiction do I file a malpractice or tortious interference claim and several other violations of professional misconduct that took place in probate, of Northern California. Against former representing attorney hired to represent a beneficiary in a will contest.

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

A: There may be several alternatives. If the attorney’s office and the case were in the same county, the state court in that county is likely the correct jurisdiction and venue.

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

A: For claims of legal malpractice or professional misconduct, you generally would file in the jurisdiction where the attorney's actions or omissions occurred, which in this case appears to be Northern California. Typically, the case would be initiated in the Superior Court of the county where most of the relevant events took place. Tortious interference and other claims against the attorney could also be included in the same action, assuming they arise from the same set of facts or circumstances.

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