Ethics/Professional Responsibility
Oct. 2, 2026
The malpractice warning lawyers can't ignore
The Ninth Circuit's Koi decision clarifies California attorneys' duties to disclose potential malpractice and supervise lawyers while providing guidance on the causation standard for legal malpractice and breach of fiduciary duty claims.
Those outside the community of legal professional liability litigators might read a headnote on the 9th Circuit's recent opinion in Koi--a lawsuit involving claims of legal malpractice, breach of fiduciary duty, and negligent supervision--and give the opinion no further thought. But the opinion is worth a closer look. Most malpractice and fiduciary duty claims are premised on violations of the California Rules of Professional Conduct ("the Rules"), which apply to all...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In