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Professional Malpractice

A lawyer must act with competence when handling a client's case. Pursuant Rule 3-11O(B) to the California Rules of Professional Conduct, competence means to apply the diligence, learning and skill, and mental, emotional, and physical ability reasonably necessary for the performance of such service. Failure to perform competently typically results in malpractice liability when an injury occurs to the client. Injury must be actual and is determined on a case by case basis. In some circumstances, the loss or substantial impairment of a right or remedy itself may constitute "actual injury."

Typically, malpractice occurs when the attorney fails to file a lawsuit by a certain deadline. Because the law does not protect those who sit on their rights, a claimant must pursue his or her claim in a court of law or else he or she will be forever barred from suing a potential defendant. Thus, it is imperative that a client seeks professional guidance from a competent attorney when suspecting that his or her rights have been compromised.

Once a client's claim is analyzed, an attempt at settlement may occur, but, the practitioner must be wary of timing deadlines. If the attorney fails to file a lawsuit within the required statutory deadline, the client's case will be barred.

Furthermore, once the attorney handles a client's case, he or she must handle it with a certain duty so as to protect the client's interests. If the attorney's conduct falls below a certain standard of care which results in damage, malpractice occurs. If you suspect that your former attorney has caused you some damage, it is imperative that you contact the Kaladjian Law Office for proper guidance. Of course, no two cases are alike, and each case must be separately reviewed and analyzed before a commitment is made to undertake the client's representation.

For more information on your professional malpractice claim, you may contact attorney Harry Kaladjian at 760-269-3850. For the reader of this site, you are advised that none of the contents herein should be construed as advice and no attorney-client relationship is formed until retention. All claims must be separately presented and considered by Harry Kaladjian for proper evaluation.

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