Attorneys have a duty to their clients use such skill, prudence, and diligence as members of the legal profession commonly possess and exercise (the “standard of care”). Malpractice occurs when the attorney breaches that duty; and the breach causes injury; and the injury causes actual loss or damage.

If your lawyer makes a mistake in your matter, you can sue the lawyer for malpractice. Generally, clients should file legal malpractice lawsuits within one year of the date when the attorney-client relationship ended, or the claim can be barred.

A: As of 2023, the maximum malpractice award in California for non-economic damages is $350,000 for cases that did not result in a wrongful death. The same law also increases the possible amount that can be recovered by $40,000 annually until it caps out at $750,000.

Are California Attorneys Required to Carry Malpractice Insurance? According to The State Bar of California's website, there is no insurance requirement except for limited liability partnerships or law corporations. These exceptions exist because of state statute.