Contact

Demurrer Can Dispose of Legal Malpractice Claims Based on the Statute of Limitations Tolling Provision

When does the relationship between an attorney and the client end? A closing letter to the client does not always draw the line in the sand that the representation is complete. “Lines can easily become blurred as to when the work on a certain client and subject matter ends.” The danger of this blurred line can be heightened when “the client has had time to cool down and reflect on the outcome of the matter.”

In the article, “Demurrer Can Dispose of Legal Malpractice Claims Based on the Statute of Limitations Tolling Provision,” published in The Daily Journal on June 12, 2020, firm attorneys, including John Girarde,¬†analyze the recent 6th District Court of Appeals landmark decision on Nguyen v. Ford, 2020 DJDAR 4610. This is the first opinion published in California in which the court disposed of a legal malpractice case by demurrer by finding, based on the plaintiff’s allegations alone, that plaintiff’s belief the attorney would continue to represent her was objectively unreasonable.

Latest publications

Employer’s Bid for Arbitration Denied Based on Unauthenticated E-Signature

The recent appellate decision on Griggs v. Guess?, Inc. provides us with important guidance on how courts will weigh evidence and determine the creditability of witnesses when deciding whether an electronic signature is valid or not. Read “Employer’s Bid for Arbitration Denied Based on Unauthenticated E-Signature” by Shareholder¬†Patrick J....

More

When Clients Attack: Legal options for responding to negative social media posts

Upset clients are an unfortunate reality of veterinary practices. No matter how experienced the veterinarian or how diligent the treatment, some clients still leave unhappy. In the age of social media, this unhappiness can lead to problems, even when the veterinarian’s care was entirely proper. Clients can use social...

More

The impossibility of Brady: Compliance depends on imagination

Many know that lawyers are required to turn over non-privileged documents during discovery when the opposing party requests them to do so. Imagine, however, that the burden extends to proactively disclose information, even when there is no request and/or even when the lawyer is not aware of any evidence...

More