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Florida Legal & Professional Malpractice Lawyers: Negligence

Of the three types of legal malpractice claims the others being breach of fiduciary duty and breach of contract , negligence is the most common.

Negligence is more likely to occur when the lawyer is doing work outside of his or her area of specialty and expertise. For example, according to a study by CNA insurance (cited by the American Bar Association’s ABA Journal), 70% of legal malpractice claims for business transactions are filed against lawyers for whom business transactions represent less than 5% of their revenue.

In order to prove negligence, experts will typically be called to attest to the standard of care  that a reasonably prudent attorney would exercise under the same or similar circumstances. If you believe that your attorney’s conduct has failed to meet the standard of care that a reasonable attorney would have exercised and it has caused economic damage to you, you may call us to discuss the matter.

Successful Legal Malpractice Claims

Legal malpractice claims are often complex and hard fought. Not only are you up against a legal professional fighting for his or her reputation, but you are also up against their malpractice insurance company which will engage legal representation to protect their interests. Many lawyers are reluctant to take on legal malpractice cases at all.  Our extensive litigation and trial experience and deep commitment to ethical practice of the law make handling such cases a natural fit.

A successful legal malpractice claim based upon negligence requires proof of the following:

  1. A client-attorney relationship;
  2. a breach of the standard of care;
  1. economic injury or financial loss as a direct result.  This must often be proven through re-trying the underlying case, sometimes referred to as the “case within the case”.  You can read more about “a case within a case” on the Legal Malpractice Law Review.

Finally, it must be shown that you would have been able to collect that award. If, for example, there was an award but the original defendant would have had no means to pay it, then your financial outcome may have been no different, regardless of the legal malpractice.

If you’ve suffered harm at the hands of an attorney who failed to meet his or her obligation to you, give us a chance to restore your faith in the legal profession. In Florida, there is generally a two-year statute of limitations on legal malpractice claims.  However, the date upon which the two years commence may vary depending on the facts and circumstances of your case.  If you have been wronged, it’s important to explore your options sooner rather than later.  Contact our offices today for a confidential consultation.