Legal Malpractice

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Examples of Legal Malpractice

As attorneys, we have a duty to not only uphold the standards of our profession by providing competent legal representation to our clients, but also by holding other lawyers accountable for their failure to practice honestly and with integrity. Attorneys who violate the Florida Rules of Professional Conduct can be disciplined by the Florida Bar, but this doesn’t account for the harm and damage done to the client as a result of a lawyer’s misconduct. That is where we step in and ensure that clients who have been harmed by the misconduct of a legal representative can recover compensation for their economic losses.

In Florida, all attorneys are required to provide competent representation to their clients, which means that they must exhibit adequate knowledge, skill, thoroughness, and preparation while handling a case. Lawyers who violate this responsibility can be held liable for legal malpractice, which requires proof as listed below:

Proof #1

The lawyer in question was employed by the client and so had a duty to use reasonable care in representing that person

Proof #2

The lawyer was negligent in his or her duties and so failed to provide quality legal representation to the client

Proof #3

The client suffered an economic loss as a result of the lawyer’s negligence

Concrete Examples of Attorney Misconduct

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Giving incompetent advice or representation

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Handling legal matters improperly due to a lack of knowledge of the law

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Displaying unethical conduct

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Failing to place a client's interests above the lawyer's personal interests

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Negligently managing a case

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Breaching client-attorney priviledge

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Commingling a client's funds with personal funds or other client accounts

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Missing important deadlines

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Engaging in an improper relationship with a client

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Failing to keep a client reasonably informed about the state of his or her case

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Being dishonest with a client, the court, or opposing counsel

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Failing to disclose conflicts of interests

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Using unreasonable or fraudulent billing practices, such as overcharging, double billing, charging for unreasonable fees or or expenses, or failing to perform work for which a client was billed

Testimony from an expert witness can be crucial when it comes to demonstrating how a reasonable attorney should have acted in the same or a similar situation. However, once a wronged client meets this burden, he or she will still need to provide evidence of financial loss, which could require the submission of extensive financial documents, including records of the funds spent on the case, lost work time, and travel expenses. It’s a good idea to go over the types of evidence that the court will require with your attorney before filing a claim. If you were wronged by an attorney who was representing you in a legal matter, you could be eligible for malpractice damages. Please contact us to learn more about your legal options.

Two Decades of Medical Malpractice and Personal Injury Experience