Kenneth Feldman, Alex Graft Publish 2021 California Legal Malpractice Article for Daily Journal

Los Angeles, Calif. (January 14, 2021) - Los Angeles Partner and National Chair of Lewis Brisbois’ Legal Malpractice Practice Kenneth Feldman, along with San Francisco Partner and Vice-Chair of Lewis Brisbois’ Legal Malpractice Practice Alex Graft, recently published an article in the Daily Journal, titled “Year in Review 2020: Cases Involving Lawyers.” The article discusses significant attorney malpractice decisions that California appellate courts issued over the past year.

In the article, Messrs. Feldman and Graft review cases that involved statute of limitations, causation, malicious prosecution, sanctions, and fee splitting issues. In describing the significance of these matters, they highlight a controversial decision that raised questions concerning whether the appellate court sought to modify the existing burden of proof applicable to the causation element of a legal malpractice claim. The authors also discuss the implications of the California Judicial Council’s Emergency Rule 9, which extends limitations periods and may significantly impact claims against lawyers.

In predicting the types of legal malpractice cases that will arise over the coming year, the authors explain that matters related to attorneys’ performance of legal services remotely, due to the COVID-19 pandemic, will likely emerge. They write, “While we all hope to make great strides toward eliminating the COVID threat in the months to come, the disruption and impact on the practice of law is certain not to abate for many years.”

Messrs. Feldman and Graft are certified specialists in legal malpractice law by the California State Bar. Mr. Feldman was the chair of the California State Bar Legal Malpractice Law Advisory Commission from 2018-2019. He is also the author of the California Legal Malpractice & Malicious Prosecution Liability Handbook, the 8th edition of which will be published in the coming weeks. His practice focuses on the direct representation of insurers and their insureds in professional liability actions.

Mr. Graft regularly defends attorneys and other professionals, including insurance agents and brokers, accountants, architects, real estate agents and inspectors, as well as licensed security officers, in litigation matters. His practice also includes defense of life insurance companies, government entities, industry-leading hospitality companies and franchises, as well as common interest developments, including homeowner associations, in general litigation matters.

You can read the full Daily Journal article here or access a PDF version here.