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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.

Joshua I. Epstein

Associate
Makarem & Associates

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The malpractice warning lawyers can't ignore
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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...

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