What are the elements of a cause of action for legal malpractice?
California, United States of America
The following excerpt is from MacMillan v. Andrews, G044208, Super. Ct. No. 30-2008-00116745 (Cal. App. 2011):
The elements of a cause of action for legal 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. [Citations.]' [Citation.]" (Wiley v. County of San Diego (1998) 19 Cal.4th 532, 536.)
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