When Should You Hire a Florida Legal Malpractice Attorney?

When Should You Hire a Florida Legal Malpractice Attorney?
When a litigant believes or knows that he or she has sustained significant financial harm as a result of a lawyer not performing the job he or she was hired to perform.
Who Should You Hire to Evaluate a Potential Florida Legal Malpractice Claim?

A Lawyer experienced in the trial and appeal of legal malpractice matters is the best choice.

Ethical Obligations

All attorneys are governed specifically by the Florida Legal Ethics Rules, which state in part that attorneys must swear a duty to engage in professional, ethical and “competent representation to their clients.” (Florida Ethics Rule 4-1.1). Such competence is measured by legal knowledge, skill, thoroughness and preparation. (Rule 4-1.1). However, many attorneys, for a variety of reasons, may not meet the standard of care expected in representation. Florida precedent specifically outlines that a legal malpractice claim may exist where the lawyer was employed, the lawyer neglected a reasonable duty, and the lawyer’s actions or failure to act resulted in harm or loss to the client. See, e.g., Lenahan v. Russell L. Forkey, P.A., 702 So.2d 610, 611 (Fla 4th DCA 1997).

Types of Malpractice that Frequently Occur

Some common situations where legal malpractice occur include:

(1) If an attorney has failed to meet a certain deadline, such as filing a motion or conveying evidence to the other side in accordance with procedural requirements of open and honest discovery, then a legal malpractice lawsuit may be appropriate.

(2) Malpractice may arise in circumstances where an attorney fails to file a pleading or make an appearance.

(3) An Attorneys may also be guilty of legal malpractice where he or she has inadequately prepared a client’s case.

(4) Malpractice may occur when an attorney fails to expend the necessary time, effort, and money to develop expert testimony that is necessary to the case.

(5) Malpractice may arise in circumstances where an attorney fails to prepare or adequately research issues in the case.

(6) Lawyers may also subject to malpractice claims for not divulging conflicts of interest or acting contrary to their client’s best interest.

Get Another Perspective

The situations listed above are not the only scenarios wherein legal malpractice may occur. If you have a serious financial injury that you believe may be the result of an attorney not fulfilling their ethical or contractual duties to you it is vital that you act promptly as Florida has a two year statute of limitations that applies to legal malpractice cases. The determination of when that two year limitation bars your lawsuit is often a complex undertaking. If you believe that you have been significantly injured or financially harmed by an attorney, consult an experienced legal malpractice attorney, one who has successfully tried legal malpractice cases, promptly so that you do not forfeit your rights.

Questions about Legal Malpractice in Florida

If you have questions about legal malpractice or need to hire a Florida legal malpractice lawyer please call the Law Offices of Craig R. Zobel today at 561-277-1819.