Legal Malpractice Liability - Anatomy of a Defense

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Course Description

This program was recorded on June 13th, 2018

This program is designed to provide the overall basics of a variety of claims against lawyers, how to defend against them, and the importance of pre-trial attack on such claims. The program focuses on defending against lawyer liability, not only for malpractice in a variety of contexts, but also for claims of breach of fiduciary duty, malicious prosecution and fraud. It covers the importance of addressing each element of the plaintiff’s claims pre-trial and what affirmative defenses may be pursued, including statute of limitations and judgmental immunity.



  • Cathleen G. Fitch
    Cathy Fitch is a Certified Legal Malpractice Law Specialist. Her practice focuses on the defense of professionals and in the areas of commercial and business litigation in a range of tort, contract and statutory claims at the trial and appellate level. Cathy defends a range of businesses in fraud claims, environmental claims, Americans with Disabilities Act claims and qui tams suits. Cathy handles administrative matters including those before the California State Bar, the National Futures Association and the SEC. She has successfully defended lawyers, other professionals and businesses in a variety of lawsuits by anti-SLAPP motions and motions for summary judgment, and through trial, arbitration, and appeal.

    Contact Cathleen G. Fitch

      • 2 General Credits
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    1. To Whom are you liable
      1. Who is your client/scope of duty
      2. The fee agreement
      3. Court or arbitration
      4. Fiduciary duty
      5. Third parties
      6. Malicious Prosecution
      7. Anti-SLAPP Motions
    2. Breach
      1. Requires expert testimony
      2. Use and abuse of expert witnesses
    3. Causation
      1. Trial within a trial
      2. “But for” analysis
      3. Use of Summary Judgment
    4. Damages
      1. Required for Breach of Fiduciary Duty
      2. Violation of Professional Rules not enough
      3. Transactional malpractice cases
      4. Litigation malpractice cases
      5. Proving a better result, settlement or outcome

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