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  Barron's Law Dictionary defines malpractice as "a professional's improper or immoral conduct in the performance of duties, done either intentionally or through carelessness or ignorance." Barron's further states that "the term is commonly applied to a physician, surgeon, dentist, lawyer or public officer to denote the negligent or unskillful performance of duties resulting from such person's professional relationship with patients or clients." In California, lawsuits for legal malpractice occur when a client sues his former lawyer for performing her duties negligently or carelessly. Be aware that laws change, so be sure to consult a qualified attorney licensed to practice law in the state of California if you have a specific case in mind.
  
  

Statute of Limitations

• If a plaintiff (person bringing the lawsuit) does not file the suit within California's statute of limitations, the lawsuit will be dismissed. In California, the statute of limitations expires either 1 year after the former client discovers that her lawyer did something wrong or 4 years from the time the lawyer did something wrong. In other words, once a client discovers (or should have discovered with diligence) that her lawyer did something wrong or improper, she has 1 year from that date to file a lawsuit. Otherwise, she has 4 years from the time the improper action occurred. This rule has a few exceptions for when the attorney willfully hides the facts from the client or the client has a disability that prevents her from filing the action.
  
  

Elements

• It is important to note that simply obtaining unfavorable results does not give rise to a legal malpractice claim in California. Risk of losing or disliking the outcome exists in any legal dispute. Attorneys may also make some mistakes or tactical decisions that do not pan out. However, to be liable for legal malpractice, an attorney must fail to exercise the skill and care a "reasonably careful attorney would have used in similar circumstances." In most cases, the only way to prove the attorney did not meet that standard is to hire a legal expert (another attorney) to explain to the jury how specifically the attorney failed to meet that standard. The client must also show that the attorney's actions caused the client damages. In other words, the lawyer's conduct must have resulted in some type of monetary or other tangible loss to the client.
  
  

Examples

• There are some examples of California legal malpractice cases. These examples are not exhaustive of the situations that could give rise to a legal malpractice suit in California. A lawyer may draft a poor or sloppy complaint that does not comply with the rules of procedure, which results in the judge dismissing the case without looking at the merits of the case. Another example is a lawyer who does not file a lawsuit until the appropriate statute of limitations has run out. The judge then dismisses the case as barred by the statute of limitations. A final example is when a lawyer negligently drafts a legal instrument, like a contract, which results in her client needlessly losing money or other damages.