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Do I have a case for legal malpractice?

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California Legal Malpractice Attorneys

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We are not currently taking these cases unless they have special circumstances and they are considered on a case by case basis.

Do you think you have a case for legal or lawyer malpractice? Contact our California Legal Malpractice Attorneys for a free consultation and to protect your rights. We've been representing legal malpractice clients for decades and have helped over 10,000 clients and have over $300M in personal injury verdicts and settlements.

Please note, we only represent personal injury legal malpractice cases. Call 1-800-561-4887 if you think you may have a case.

What is Legal Malpractice?

Legal or attorney malpractice is described as a lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.

Every time there is a "bad" or "unfortunate" case outcome it is not necessarily legal malpractice. If an attorney gave what turned out to be "bad" or "the wrong" advice, you cannot automatically accuse the prosecutor of legal malpractice. No professional can ensure or promise a positive outcome for his client. It is important to remember that what creates liability is the lawyer's failure to act in the manner the ordinary or reasonable lawyer would act in handling that matter for his client.

How to Successfully Win Your Legal or Professional Malpractice Case

To successfully win a California legal malpractice case, a plaintiff must prove that the lawyer's negligence was the legal cause of some actual damage to the plaintiff. Damages may not be based upon sheer speculation or surmise, and the mere possibility or even probability that damage will result from wrongful conduct does not render it actionable.

It is not sufficient to allege that the underlying case should have settled for more or resulted in a higher verdict at trial. It is not sufficient to allege that "if" the plaintiff had been given the right advice, he might have spent less money in a transaction, or might have received more in the transaction.

For legal malpractice in litigation cases, the need to prove actual damages requires the plaintiff to prove what he would have recovered in the "underlying" action, and that he was denied that recovery by the actions of the lawyer. The jury instruction which is read in California legal malpractice cases tells the jury that California law requires a plaintiff who establishes malpractice on the part of his or her attorney in prosecuting a lawsuit must also prove that careful management of it would have resulted in a favorable judgment and collection thereof.

Because of this, the "new" attorney must litigate the "case within the case": that is, he must not only prove that the first attorney was negligent, but also that there would have been a recovery in the lawsuit the attorney was hired to prosecute. If there was difficult or no liability in the underlying case, there is little chance of a recovery in a legal malpractice case. If the defendant had no insurance, or had no assets from which a judgment could be satisfied, there is no actual damage that can be recovered in the legal malpractice case.

Contact our Legal Malpractice Lawyers

Bisnar Chase is driven by results and client satisfaction. Passion for our clients has always been our primary focus. We love what we do and love to recover compensation four our clients loss and injury. We have won 9 out of every ten cases that go to trial. Some law firms take easy cases and those should never be lost, but if you are looking for malpractice attorneys made of grit, then Bisnar Chase may be your legal team. Call 1-800-561-4887.

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Legal Malpractice Attorneys

  • If you or a loved one have suffered as a result of someone else’s negligence, know your rights and contact an attorney today.

Client Reviews of Bisnar Chase

“I went to them from a recommendation from my tax attorney. They have a good rap, and they talk the talk, so far they have walked the walk. I will update after the court case happens. The communication is fantastic, my case isn't worth a lot, but it would appear like they enjoy their work, rather than trying to leech out my money. They don't bill me for every phone call, which is nice!! I would recommend them as well, very professional and efficient.”

reviewed at on December 7th, 2012


“We received an email from A.G. Edwards stating they have received the settlement check from Nissan. Once again, I cannot begin to articulate our gratitude to the Bisnar Chase staff - we are so very thankful for all you have done for Josh. As parents, Charlotte and I can rest in peace, when that day comes, knowing that Josh's needs have been taken care of, and his financial future is in good hands with sound financial planners at A.G. Edwards. On December 17, 2003 we received a call from the paramedics stating that Josh and Lisa had been in a severe accident, and we needed to meet them at the emergency room. I remember telling God that I can deal with missing limbs because they can be replaced, but please do not take him from us. A month later we met with members of your staff for the first time, Josh had a traumatic brain injury and his future was looking pretty bleak; we had no idea where he would be eighteen months later. All we could think of at the time was that our son's future, his goals, and dreams had been taken from him so abruptly. As time passed, Josh continued to improve and he began his journey of recovery. Many have been involved in this process, and you and your staff have been an integral part of Josh's recovery, and we will be forever grateful. God has brought so many people into our lives, and we are so very blessed. Numerous emails were sent to Personal Injury Attorney's. John...you were on a ski trip at Big Bear with your family, and you were the only Personal Injury Attorney to respond - I believe this was divine intervention. Josh has a professor from Mt. San Jacinto College who has taken him "under his wing," and is showing him other career possibilities. John, the future looks good for Josh - thank you!”

reviewed at on September 17th, 2009


“Great Lawfirm – My sister Kristen in Chicago made the recommendation. Everyone has been great. I really don't think anything could have been done better.”

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