Joseph J. Ybarra

Joseph J. Ybarra is a founding partner at Halpern May Ybarra Gelberg. He has spent 20 years focusing on legal malpractice defense, though he still thinks of himself as how he started his career as a litigation generalist.

“Each legal malpractice case involves at least two layers — the malpractice case and the underlying matter in which the alleged malpractice occurred,” Ybarra said. “So, I was able to develop a specialization in legal malpractice, but maintain the diversity of practice that comes with being a generalist because the underlying matter in each case is different, ranging from patent prosecution to trusts and estates litigation to construction defect litigation. For me, it was the best of both worlds in terms of my interests.”

In May-June 2022, he was lead counsel in representing an AM LAW 50 firm in a five-week jury trial in Los Angeles Superior Court. The plaintiff corporation brought claims for legal malpractice and breach of fiduciary duty, and the jury returned a complete defense verdict.

In 2023, the California Court of Appeal affirmed summary judgment in favor of a large law firm that Ybarra represented in a legal malpractice case arising out of the representation of a trust. The case resulted in a published decision. Gordon v. Ervin Cohen & Jessup LLP (88 Cal.App.5th 543.)

“In the jury trial, we faced the challenge of explaining to the jury a complex set of underlying facts and the duties and responsibilities of lawyers representing a startup corporation,” Ybarra said. “Most importantly, we had to persuade the jury that the attorney is not a guarantor; the corporation’s officers and directors are responsible for the business decisions that they make, even when they turn out badly.”

Identifying trends within his field, he noted that there are a growing number of malpractice claims that result from efforts by law firms to collect large outstanding receivables.

“At times, it seems that clients feel that they can avoid paying their lawyers because the firm will be too concerned about a legal malpractice claim to file a collection action,” Ybarra said. “Separately, I’m concerned about lawyers being sued for tactical/strategic decisions made in litigation, or even in trial. Lawyers are often required to weigh competing considerations and make a strategic call. That should not be the basis for a malpractice claim.”