CA Legal Malpractice CLS study guide
CA Legal Malpractice CLS · Work through your exam, one topic at a time.
The Legal Malpractice Law Legal Specialist Examination is the written examination that California attorneys must pass to be certified as a legal specialist in Legal Malpractice Law by the State Bar of California. Certification is a voluntary credential: it is not required to practice law, and attorneys who hold it are listed in the State Bar's public directory of certified specialists. The exam is designed for experienced practitioners whose practice concentrates on professional liability work, whether they represent plaintiffs alleging attorney negligence or defend attorneys against such claims. Candidates are expected to know the substantive law of legal malpractice, the procedural and ethical rules that shape these cases, and the practical judgment involved in evaluating, prosecuting, and defending them. Preparation typically combines a careful review of California authority on attorney liability and damages, the Rules of Professional Conduct and related ethics opinions, and practice applying that material to fact patterns under timed conditions. This page is an independent study resource. Topics on this exam: Legal Malpractice Law. The CA Legal Malpractice CLS study guide has 1 section and about 500 words.
01California Legal Malpractice: Elements, Duties, and Defenses
California legal malpractice is a professional negligence tort. A plaintiff must prove four elements: (1) the existence of an attorney-client relationship or a duty flowing from an intended-beneficiary or reliance theory; (2) a breach of the standard of care; (3) causation; and (4) actual loss. Causation has two prongs that questions love to separate: actual cause (the attorney's conduct was a substantial factor) and proximate or legal cause . In a litigation matter this is almost always proved through the case-within-a-case doctrine: the plaintiff must show that, but for the negligence, the underlying action would have been won or settled more favorably, and that the resulting judgment was collectible.
500 words, about 3 minMore study resources for CA Legal Malpractice CLS
- Practice questionsIn a California legal malpractice action, what must the plaintiff prove to establish the duty and breach elements against the attorney?
- FlashcardsElements of legal malpractice. In California, the plaintiff must prove: (1) an attorney-client relationship or duty; (2) breach of the standard of care; (3) causation; and (4) actual loss or damage.
- Cheat sheetElements of a legal malpractice claim in California: (1) the existence of an attorney-client relationship or a duty of care owed to the plaintiff; (2) breach of that duty by the attorney; (3) causation; and (4) actual loss or damage resulting from the breach.
- Key termsAttorney-Client Relationship. The fiduciary and contractual bond formed when a person manifests intent to obtain legal services and the lawyer agrees or fails to clearly decline.
- Study planMap the elements of a California legal malpractice claim (duty, breach, causation, damages) and articulate how each element is proven at trial.
- Common mistakesBar prep habits from general torts make duty and breach feel like the 'real' analysis, and the attorney-client relationship is the memorable part of the fact pattern, so candidates spend their time there and run out of space before reaching the injury element.
- Exam-day guidePrint or download the confirmation the provider issues for your scheduled sitting.