What are the elements of a cause of action for attorney malpractice?
California, United States of America
The following excerpt is from Lewellen v. Phillips, C062277, No. PC20060594 (Cal. App. 2010):
"The elements of a cause of action for attorney malpractice are: (1) the duty of the attorney to use such skill, prudence and diligence as members of the profession commonly possess; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) actual loss or damage." (Schultz v. Harney (1994) 27 Cal.App.4th 1611, 1621.) The evidence recited above negated
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