Legal Malpractice & Professional Liability

Millstein Fellner proudly represents plaintiffs and defendants in all phases of legal malpractice claims up to and including trial. Led by Jason E. Fellner, a leading malpractice lawyer and Certified Specialist in Legal Malpractice Law by the State Bar of California, the law firm represents individuals and corporations in connection to significant economic damages sustained as a result of errors or omissions by their lawyers. Likewise, Millstein Fellner is also called upon to defend law firms and lawyers in cases against malpractice claims. Jason E. Fellner also provides expert witness consultations and services on ethics and malpractice.

Cases of Note

Welsh v. Lucas

In 2023, Millstein Fellner LLP represented Bay Area Cosmetology in connection to a pre litigation claim for legal malpractice against its former employment lawyer, in which Millstein Fellner was able to successfully secure a half million-dollar settlement.


Flake v. Neumiller & Beardsle

Jason Fellner represented defendant law firm in successfully obtaining an order granting summary of judgement, which was affirmed on appeal. The Court of Appeal decision was published in 2019 and is now cited as one of the leading published cases on the tolling provision within the statute of limitations  governing legal malpractice claims, codified in CCP 340.6. Flake v. Neumiller & Beardslee (2017) 9 Cal.App.5th 223, 230


Parker v. McCaw

David Millstein obtained a defense award on behalf of a company charged with violating a compensation agreement with its attorney-employee, on grounds the agreement violated the Code of Professional Responsibility for attorneys.