BREACH OF FIDUCIARY DUTY AND ETHICAL VIOLATIONS

Lawyers are bound by ethical rules and standards, both written and unwritten. Sometimes lawyers forget that they are in a fiduciary relationship with their clients which requires them to act with the highest level of trust and integrity known in the law. Sometimes, they can act greedily and unethically without regard to their client’s best interest. Often, violations of ethical rules involve a conflict of interest for the lawyer. Conflicts of interest arise in many different kinds of circumstances but lawyer conflicts usually have a basic dilemma: The lawyer’s advice may not be truly independent, because the lawyer is either representing two or more sides in a matter, or the lawyer’s interest is in competition with the client’s best interest. Violations of ethical rules may give rise to actions against lawyers, separate from billing abuses or malpractice.

OTHER SERVICES

Gwire Law Offices also provides expert witness and mediation services in legal fee disputes and legal malpractice cases. We have also been engaged to assist clients and general counsel in locating and retaining attorneys for specific cases, hired to monitor on-going litigation for cost control, as well as setting up cost control systems and procedures for in-house attorneys.

STATUTE OF LIMITATIONS FOR ATTORNEY MISCONDUCT

In California, the statute of limitations for a legal malpractice case, or really any other kind of wrongful attorney conduct (except fraud) is very short-one year from the convergence of two events. One: The client knows, or has a reasonable belief that the attorney was negligent; and, two: The client has suffered some damage. There are circumstances that may extend or toll (suspend) the statute of limitations (such as when the attorney continues to represent the client on the same matter as the malpractice occurred). If you believe you have a claim against a lawyer, DON’T WAIT; consult an experienced malpractice attorney at once. The application of the statute of limitations is a murky area and represents a terrible trap for those who delay. For a detailed discussion of the statute of limitations in California (written for lawyers), click here.

LEGAL MALPRACTICE

FEE DISPUTES