California Civil Jury Instructions (CACI) (2017)

604. Referral to Legal Specialist

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604.Referral to Legal Specialist
If a reasonably careful attorney in a similar situation would have
referred [name of plaintiff] to a legal specialist, then [name of defendant]
was negligent if [he/she] did not do so.
However, if [name of defendant] handled the matter with as much skill
and care as a reasonable legal specialist would have, then [name of
defendant] was not negligent.
New September 2003
Sources and Authority
• This type of an instruction was approved for use in legal malpractice cases in
Horne v. Peckham (1979) 97 Cal.App.3d 404, 414–415 [158 Cal.Rptr. 714],
disapproved on other grounds in ITT Small Business Finance Corp. v. Niles
(1994) 9 Cal.4th 245, 256 [36 Cal.Rptr.2d 552, 885 P.2d 965].
• Failing to Act Competently. Rule of Professional Conduct: Rule 3-110(C).
Secondary Sources
1 Witkin, California Procedure (4th ed. 1996) Attorneys, § 319
605. Reserved for Future Use
483
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