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Kenneth C. Feldman

Partner

Ken Feldman (currently on a sabbatical) is a partner in the Los Angeles office of Lewis Brisbois and is a past long-time national chair of the firm’s Legal Malpractice Defense Department. He was a certified specialist in legal malpractice law by the California State Bar from 2011-2022, and was the chair of the California State Bar Legal Malpractice Law Advisory Commission from 2018-2019. Ken is also the co-author of the California Legal Malpractice & Malicious Prosecution Liability Handbook, the 8th edition of which was published in January 2021. His practice focuses on the direct representation of insurers and their insureds in professional liability actions.

He focuses on the following types of actions:

  • Defense of professional liability actions in the areas of attorney malpractice, breach of fiduciary duty, malicious prosecution, real estate brokers, escrow agents, insurance brokers errors and omissions, and other various types of professional malpractice. 

  • Defends SLAPP suits, and handles business litigation, including claims against franchisors.

  • Representation of carriers in bad faith litigation and as coverage counsel as to professional liability, directors and officers, comprehensive general liability, municipal and other miscellaneous policies. Performs audits of law firms for carriers in the underwriting process.

 

Published Opinions

  • Akhlaghpour v. Orantes (Dec. 13, 2022, No. B308644) ___Cal.App.5th___ [2022 Cal. App. LEXIS 1010]
  • Optional Capital, Inc v Akin Gump Strauss Hauer & Feld (2017) 18 Cal.App.5th 95
  • Kasem v. Dion-Kindem (2014) 230 Cal.App.4th 1395
  • Navarro v. IHOP (2005) 134 Cal.App.4th 834
  • Wolkowitz v. Redland Ins. Co. (2003) 112 Cal.App.4th 154
  • Choy v. Redland Ins. Co. (2002) 103 Cal.App.4th 789
  • White v. Lieberman (2002) 103 Cal.App 4th 210
  • Aragon v. Pappy, Kaplon, Vogel & Phillips (1989) 214 Cal.App.3d 451

Publications

  • "California Legal Malpractice & Malicious Prosecution Liability," 302 Page Handbook, January 2021, 8th Edition
  • Co-authored, “2022 in Review: Cases Involving Lawyers,” LOS ANGELES DAILY JOURNAL, December 21, 2022
  • Co-authored, "2021 Year in Review: Cases Involving Lawyers," LOS ANGELES DAILY JOURNAL, January 6, 2022
  • Co-authored, "Year in Review 2020: Cases Involving Lawyers,”  LOS ANGELES DAILY JOURNAL, January 8, 2021
  • Co-authored, "Ethical duties to clients remain paramount to other obligations for departing attorneys”  LOS ANGELES DAILY JOURNAL, February 14, 2020
  • “Lawyers as defendants in 2019’’ LOS ANGELES DAILY JOURNAL, January 10, 2020
  • “Amendments to SOL for actions against attorneys coming in January” LOS ANGELES DAILY JOURNAL, December 6, 2019
  • "One-Year SOL on Malicious Prosecution Suits Is Virtually Settled,” LOS ANGELES DAILY JOURNAL, August 8, 2019
  • "Arbitration of Malpractice Claims is Alive and Well," LOS ANGELES DAILY JOURNAL, March 22, 2019
  • Co-authored, “The New Rules of Professional Conduct,” ADVOCATE, February 2019
  • "Top 2018 Cases Involving Attorneys as Defendants," LOS ANGELES DAILY JOURNAL, January 17, 2019
  • “Mandatory Malpractice Insurance Group to Present Findings,” LOS ANGELES DAILY JOURNAL, January 7, 2019
  • “Mandatory Malpractice Insurance in the Works?,” LOS ANGELES DAILY JOURNAL, October 26, 2018
  • “Is Mandatory Malpractice Insurance Coming to California?,” LOS ANGELES DAILY JOURNAL, September 28, 2018
  • "Causation Against Lawyers in Malpractice Cases," LOS ANGELES DAILY JOURNAL, August 27, 2018
  • "A home run for Little Leaguer whose ball hit the wrong car," (Little Leaguer sued over homer wins on appeal by his uncle; Written about Ken Feldman by Steven Crighton), LOS ANGELES DAILY JOURNAL, February 15, 2018
  • "2017 in review: Attorneys as defendants," LOS ANGELES DAILY JOURNAL, December 22, 2017
  • "Justices punted in Parrish decision," LOS ANGELES DAILY JOURNAL, August 18, 2017
  • “Fiduciary Duties and Professional Negligence,” LOS ANGELES DAILY JOURNAL, April 28, 2017 (3 months after article published, CA Supreme Court depublished the Broadway Victoria case referred to in article.)
  • "Year In Review: Attorneys As Defendants," MCLE, LOS ANGELES DAILY JOURNAL, January 6, 2017
  • "5 Tips To Avoid Employment Malpractice Suits," quoted in article, LAW 360, August 5, 2016
  • “How Legal Malpractice Lawyers Can Win Business,” quoted in section titled Attend Key Conferences, LAW 360, June 22, 2016
  • "The Virtues and Vices of Arbitrating Legal Malpractice Cases," VERDICT – Volume 1, 2016
  • “Lawyers as Defendants in 2015,” LOS ANGELES DAILY JOURNAL, January 8 and 15, 2016
  • "The Virtues and Vices of Arbitrating Legal Malpractice Cases," LEWIS BRISBOIS PROFESSIONAL LIABILITY NEWSLETTER, November 30, 2015
  • "Beware Pro Pers In Legal Malpractice Cases," LOS ANGELES DAILY JOURNAL, April 10, 2015
  • "Lawyers As Litigants: Notable Decisions Affecting Lawyers," LOS ANGELES DAILY JOURNAL, January 22–23, 2015
  • "The Blame Game: Causation in Legal Malpractice," LOS ANGELES DAILY JOURNAL, August 1, 2014
  • "Malicious Prosecution Case Creates Split," LOS ANGELES DAILY JOURNAL, April 25, 2014
  • “Legal Malpractice - Show Me The Damage!," LOS ANGELES DAILY JOURNAL, February 28, 2014
  • "Notable 2013 Cases Affecting Lawyers," LOS ANGELES DAILY JOURNAL, January 17, 2014 and January 24, 2014
  • "2012 Malpractice Decisions Define Scope of Defenses," LOS ANGELES DAILY JOURNAL, February 11, 2013
  • "Current Topics in Legal Malpractice and Malpractice Coverage," THE ADVOCATE – JOURNAL OF CONSUMER ATTORNEYS ASSOCIATIONS FOR SOUTHERN CALIFORNIA, October 2011
  • "Rico v. Mitsubishi Motors Corp -- New CA Supreme Court case re inadvertent receipt of privileged documents, and potential disqualification of attorney who receives such documents," - article on LACBA Litigation Section website, January 2008
  • "California Supreme Court Rules on Anti-SLAPP Statute in Criminal Extortion Context- Flatley vs. Mauro," ABA LPL E-ADVISORY, August 2006
  • "Unclean Hands Is Now Less Messy," CALIFORNIA LAWYER, May 2006
  • "Malpractice Insurance Report," quoted on page 32, CALIFORNIA LAWYER, February 2006
  • "Who’s On First: When an Attorney’s Former Client Serves as an Expert Witness," LOS ANGELES COUNTY BAR UPDATE MAGAZINE, November 2005
  • "Courts Apply SLAPP Law to Malicious Prosecution Cases," LOS ANGELES DAILY JOURNAL, March 14, 2003
  • "Litigation Reality - ‘Kransco’ May Not Bar All Evidence of Insured Fault," LOS ANGELES DAILY JOURNAL, August 17, 2000
  • "Fee Quest - Brandt Decision, 13 Years Later, Raises Questions," LOS ANGELES DAILY JOURNAL, May 4, 1998
  • "Recovery of Emotional Distress Damages in Legal Malpractice Cases," THE VERDICT, Winter 1995
  • "C.C.P. Section 438 Here Today: Gone - In Part - Tomorrow?," LOS ANGELES DAILY JOURNAL, June, 1994
  • "Practical Aspects of Representing Insurance Agents and Brokers," AMERICAN BAR ASSOCIATION, Tort and Practice Section, August 7, 1990

Appointments

Voluntary Settlement Officer - Los Angeles Superior Court, Glendale - CRASH Program, 1997–2010

Certifications

Certified Specialist, Legal Malpractice Law, certified by the State Bar of California Board of Legal Specialization, 2011–2022 (part of original group of attorneys to obtain this certification)

  • State-Wide chair for 2018-2019 term and state-wide vice chair for 2017-2018 term of Legal Malpractice Law Advisory Commission.

Professional Presentations

  • April 13, 2022 – Speaker – “Learn from the Pros” - Experienced Litigators share what mediators can do to be more effective, Southern California Mediation Association
  • January 15, 2020 – Speaker – "The Ethics Factor" Beverly Hills Bar Association
  • December 17, 2019 – Speaker – "Hot Topics Regarding Claims Against Lawyers” Association of Southern California Defense Counsel
  • July 23, 2019 — Co-Panelist “Family Law Fiascos - Avoiding Legal Malpractice Claims” - On Demand 1.5 hour MCLE videotape available for insureds of Lawyers Mutual Insurance Company
  • October 4, 2018 – Speaker – “Avoiding Malpractice Claims and What To Do If You Receive One” – South Bay Bar Association (SBBA) 
  • August 31, 2018 – Panelist – on Legal Ethics “New and Revised Rules of Professional Conduct” – Consumer Attorneys Association of Los Angeles (CAALA) Annual Conference in Las Vegas 
  • July 27, 2018 –  Speaker – “Avoiding Legal Malpractice and Malicious Prosecution Claims and What to do if You Receive One” – Loyola Law School Inaugural Alumni MCLE Day
  • July 24, 2018 – Speaker – “Family Law Fiascos – Avoiding Malpractice in the Mediation and Family Law Arena” – F.L.A.M.E.S. (Family Law Attorney Mediators Engaged in Study Group) 
  • June 21, 2018 – Speaker – “Suits Against Attorneys: Mastering the Minefield” – Lewis Brisbois Webinar
  • May 22, 2018 – Presenter – “Family Law Fiascos – Avoiding Malpractice Claims” – San Bernardino Bar Association
  • November 16, 2017 – Panelist – “Ethics, Equity, Principles of Justice and Challenges to those Concepts in Our Modern Corporate, Insurance and Legal Industries” – Lewis Brisbois Webinar
  • March 28, 2017 – Panelist (along with L.A. County District Attorney Jackie Lacey, and LASC Asst. Presiding Judge Kevin Brazile) – “The Five P’s for Success: A View From the Bench and the Bar” – Forensic Expert Witness Association
  • February 25, 2016 – Speaker – “Top Ethical Issues for Civil Defense Trial Lawyers and Litigators” – Association of Southern California Defense Counsel – 55th Annual Seminar
  • October 7, 2015 – Presenter – “Avoiding Legal Malpractice and Malicious Prosecution Claims” – California State University Northridge Attorney Alumni Association
  • August 30, 2013 – Panelist on Professional Ethics – “Avoiding Legal Malpractice and Malicious Prosecution Claims” – Consumer Attorney Association of Los Angeles (CAALA) Annual Conference in Las Vegas
  • January 16, 2013 – Malpractice and Ethical Issues for Entertainment Attorneys – Beverly Hills Bar Association
  • April 2011 and April 2012 – Presenter to Los Angeles County Bar Association – “Nuts & Bolts: Basic Litigation Skills, Essential Tools for Lawyers” on Professional Responsibilities/Ethics
  • June 2002 – Speaker on Malicious Prosecution and anti-SLAPP Statute. Presenter to Los Angeles Lawyers Professional Liability Bar Association

Admissions

  • State Bar Admissions
    • California

Admissions

California

Associations

  • California State Bar - Licensee (since 1987) and Certified Legal Malpractice Specialist (from 2011-2022, first year specialty offered)
    • Appointed as Commissioner for 4-year term from 2015-2019 to California State Bar Legal Malpractice Law Advisory Commission
    • State-Wide chair for 2018-2019 term and state-wide vice chair for 2017-2018 term of Legal Malpractice Law Advisory Commission
  • California Lawyers Association - Member
  • Los Angeles County Bar Association
    • Member, Nominating Committee, 2019
    • Member, Board of Trustees, July 2015-June 2017
    • Member, Executive Committee of Litigation Section (2005 - 2021)
      • Chair, Communications Committee (2007-2008)
      • Chair, Brown Bag Lunch Committee (2009-2012)
      • Co-Chair, Programs Committee, including Bench Meets Bar Lunch (2012-2013)
    • Member, Professional Responsibility & Ethics Committee (2004 - 2006)
  • Association of Southern California Defense Counsel - Member and past Co-Chair - Lawyer Defense Committee
  • American Bar Association - past Member of Legal Malpractice Data Center
  • PLUS - Professional Liability Underwriting Society - past Member
  • Association of Business Trial Lawyers - past Member
  • San Fernando Valley Bar Association - past Member
  • California State University Northridge - Attorney Alumni Association - Member

Awards & Honors

  • Martindale-Hubbell AV Preeminent rating, since 2002
  • The Daily Journal
    • 2023 Top Professional Responsibility Lawyer (1 of 27 in the state of California) by The Daily Journal in its inaugural special report
    • 2022 Top Professional Responsibility Lawyer (1 of 23 in the state of California) by The Daily Journal in its inaugural special report
  • Named a Southern California Super Lawyer for 2005–2022, by Los Angeles Magazine (given to top 5% of practicing attorneys in Southern California)

Education

Loyola Law School

Juris Doctor, Dean's Honor List, 1987

California State University Northridge

Bachelor of Science in Business Administration - Finance, 1984

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