Can an attorney be liable for failing to provide competent representation in a civil or criminal case?

An attorney's failure to provide competent representation in a civil or criminal case may give rise to civil liability under a professional negligence theory. (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1199.) In a civil proceeding, the elements of a professional negligence cause of action are "(1) the duty of the attorney to use such skill, prudence, and diligence as members of his or her profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence." (Ibid.)