This judgment contains a thorough discussion of Combined Air Mechanical Services v. Flesch in
the context of a legal malpractice claim arising from the defendant lawyer's alleged negligence in prosecuting medical malpractice litigation.
Not exact matches
Thus, it could fairly be said that in the
context of the common law in California and most other jurisdictions until only a few decades ago,
legal malpractice, both in theory and practice, was almost non-existent and certainly not in common usage in the vocabulary
of the common law.
While the main part
of the case discussed the usual components
of medical
malpractice action (standard
of care
of a physician and causation), it's Canada - wide implication arises from a part
of the decision that reviews and clarifies the law on «confidentiality between patient and doctor» in a
legal context.
Attorney negligence and
legal malpractice can occur in either a litigation or transactional
context, and in all areas
of the law, including personal injury, commercial litigation, land use, real estate, corporate, tax, probate and estate, and contract drafting.
In the social realm, cultural differences can be awkward for those on both sides; but in the
context of legal services, cross cultural misunderstandings and other culture - related factors can occasionally lead to
malpractice claims against lawyers.
Whether in the
context of a failed business, a stockholder dispute, a
legal malpractice claim or a securities fraud case, today's professionals need comprehensive and experienced
legal advice.
Practice Note: This decision runs contrary to recent decisions in other jurisdictions that seem to relax the standard privity requirements in
legal malpractice claims and permit assignments
of legal malpractice claims to non-clients in a business
context.
In the social realm, cultural differences can be awkward for those on both sides; but in the
context of legal services, cross-cultural misunderstandings and other culture - related factors can occasionally lead to
malpractice claims against lawyers.
The proven quality
of the CMA (AAMA) can be beneficial in many
legal contexts, including
malpractice actions.
The proven quality
of the CMA can be beneficial in many
legal contexts, including
malpractice actions.