![]() Attorney Fees Paid As a Result of Malpractice. Where the client actually loses money as a direct result of the attorney’s malpractice - for example, in the form of a judgment rendered against the client - the amount of the economic loss (e.g., the judgment – or at least the portion of the judgment directly attributable to the lawyer’s malpractice) may qualify as proper damages in the resulting legal malpractice action.Ģ. WHAT SPECIFIC TYPES OF DAMAGES CAN BE RECOVERED?ġ. ![]() Generally speaking, compensatory damages in legal malpractice cases equal the difference between what the client actually recovered in the underlying matter or action (the one in which the lawyer’s wrongful act or omission occurred) and what the client would have recovered or received in the absence of the attorney’s malpractice. (While the plaintiff may also be entitled to other, consequential damages, based on the facts and circumstances of an individual case, compensatory damages are the type customarily awarded in malpractice actions.) HOW ARE DAMAGES CALCULATED IN LEGAL MALPRACTICE ACTIONS? Plaintiffs who successfully bring a legal malpractice action against a lawyer may recover damages sufficient to “make the client whole,” or - in the words of California Civil Code Section 3333: “The amount which will compensate for all the detriment proximately caused, whether it could have been anticipated or not.” WHAT DAMAGES CAN A CLIENT RECOVER AGAINST A NEGLIGENT LAWYER? Recoverable Damages in Legal Malpractice Actions
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