Legal Question in Legal Malpractice in California

Hi, can the state bar of Calif. recommend the supreme court to try your case if you were a victim because your attorney's malpractice?


Asked on 7/25/16, 8:47 pm

2 Answers from Attorneys

Stan Stern The Law Office of Stan Stern

The State Bar has no control of California's courts over the trial of a legal malpractice case. It is up to the victim himself (or herself) to sue for legal malpractice in the local Superior Court, which must happen within one year. Otherwise it is too late.

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Answered on 7/25/16, 9:35 pm

Mr. Stern is correct. Furthermore absolutely no one but the Supreme Court justices themselves decide whether or not to take a case up from the appellate courts. They do not take recommendations, although on matters of statewide legal importance they may accept amicus briefs in support of a petition to hear a case. However, it is always up to the party who lost an appeal to petition the Supreme Court for review. Lastly, the Supreme Court does not try any cases. It reviews the decisions of the courts of appeal, and then only if one of the parties to a trial has filed an appeal. Only the Superior Court in each county tries cases.

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Answered on 7/26/16, 10:37 am


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