CACI No. 604. Referral to Legal Specialist

Judicial Council of California Civil Jury Instructions (2022 edition)

Download PDF
Bg258
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/nonbinary pronoun] 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 (5th ed. 2008) Attorneys, § 294
605. Reserved for Future Use
526
Copyright Judicial Council of California

© Judicial Council of California.