San Diego, CA asked in Legal Malpractice for California

Q: Are clients of unlicensed attorneys the only victims of attorney malpractice that the Barr assists? BPC 6126

What are the codes that expand this possibility to other types of legal malpractice? I'm looking, but do not know if there are no others to find.

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James L. Arrasmith
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Answered

A: The State Bar of California primarily focuses on addressing malpractice by unlicensed attorneys under Business and Professions Code (BPC) 6126. This code makes it illegal for someone without a license to practice law or to present themselves as an attorney, and the Bar assists those harmed in such situations. However, legal malpractice isn't limited to unlicensed practice; licensed attorneys can also commit malpractice if they fail to provide competent representation.

Other legal codes address different types of malpractice by licensed attorneys. For instance, BPC 6068 outlines an attorney's duties, and violations of these duties could form the basis for a malpractice claim. California Civil Code 1714 also deals with general negligence, which could apply if an attorney's actions fall below the standard of care expected in their professional duties.

If you believe you have experienced legal malpractice, it's essential to understand your rights and the potential avenues for recourse. Different codes may apply depending on whether the issue involves unlicensed practice, negligence, or violation of specific professional duties. You may want to consult with a legal professional to better understand how these laws could apply to your situation.

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