New Legal Malpractice Case

For many years I've provided mentoring to many less experienced California lawyers. Unlike when I started practicing in 1980, today very few new lawyers get mentoring to help them learn how to practice law the right way. To address this need, I've created Lawyer Master Mentoring™ to help lawyers throughout the U.S. learn how to practice law and create their dream civil law practices. I offer both a 12-week online video course and one-on-one Lawyer Master Mentoring™ sessions. 

A great way for lawyers to improve their organization and systems and results is to find a case summary subscription service, like my California Case Summaries™, to enable them to save time while easily keeping up with the new cases in their practice areas, to win more and make more money. 
Below, I provide you a sample of one of my short (one paragraph) summaries of an important new California civil case that was published last month. 

Legal Malpractice

I've been thinking for years that the anti-SLAPP statute (Code of Civil Procedure section 425.16) could create potential legal malpractice liability for California lawyers. Now it has. Last month, the Second District Court of Appeal published a new case addressing whether attorneys and law firms can be liable for not discussing with clients the potential risks and damages if a defendant files a successful anti-SLAPP motion to strike. In the video above I briefly discuss this new case. My summary of the case is below.

New Legal Malpractice Decision 

Mireskandari v. Edwards Wildman Palmer LLP (2022) _ Cal.App.5th _ , 2022 WL 1055417: The Court of Appeal reversed in part, and affirmed in part, the trial court's order granting defendants' motion for summary judgment to plaintiff's complaint against his former lawyers for professional negligence, breach of fiduciary duty, and breach of contract. The complaint alleged, among other things, that defendants failed to advise plaintiff of California's anti-SLAPP statute before filing a complaint on plaintiff's behalf against a newspaper publisher in California federal court. Plaintiff alleged the lawsuit predictably drew a successful anti-SLAPP motion to strike, which caused him to incur substantial attorney fees litigating and losing the motion and deprived him of discovery he intended to use in a disciplinary proceeding pending against him in the United Kingdom, ultimately resulting in the loss of his law license, substantial fines and fees, and bankruptcy. The Court of Appeal agreed with the trial court that plaintiff's damages claim based on the adverse outcome of the U.K. disciplinary proceeding was too speculative to create a question of fact for a jury, but those were not plaintiff's only damages. The trial court erred in concluding that plaintiff could not establish causation under the case-within-a-case method because he could not prove he would have prevailed in his lawsuit against the publisher but for defendants' negligence. The Court of Appeal concluded that an attorney owes a duty of care to advise a client of foreseeable risks of litigation before filing a lawsuit on the client’s behalf, and therefore plaintiff alleged a viable claim that, but for defendants' negligent failure to advise him of the risks associated with a potential anti-SLAPP motion, he would not have filed his lawsuit in California and would not have incurred damages from litigating and losing an anti-SLAPP motion. (C.A. 2nd, April 8, 2022.) 

Lawyer Master Mentoring Services

Lawyers (whether new or experienced) can rapidly create their dream law practices with the help of a master mentor who can help them think deeply, focus on what is essential, avoid distractions, develop their skills, avoid mistakes, answer their questions, and continuously improve their organization and systems. I offer an online video course and individual sessions to provide this much needed master mentoring to attorneys. For my lawyer master mentoring services visit my website at, email me at [email protected], or call me at (619) 990-4312.

Civil Litigation Services

I take a limited number of civil cases and represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. I use my experience as a California civil trial lawyer since 1980 and a member of the American Board of Trial Advocates since 1995, and I work hard to attempt to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. For my civil litigation services visit my website at, email me at [email protected], or call me at (619) 990-4312.

Mediation, Arbitration and Referee Services

I also help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (619) 233-1323.  

Stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Lawyer Master Mentoring™
Civil Trial Attorney  
Mediator, Arbitrator & Referee
California Case Summaries™

CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 


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