September 2017 Archives

Legal malpractice cases and clients' rights

Hiring a lawyer is a step that ideally helps an individual relieve legal tensions. Yet when a lawyer fails to provide that assistance, a client could find themselves dealing with the same legal issues they initially sought to resolve, or worse: their issues could multiply altogether due to the added complications. Clients in Florida have the right to take legal action when they suspect that their hired legal professional is not practicing in an ethical manner. 

Defining cases of commingling

There is an old adage that says you never should mix business with pleasure. Outside of referring to your activities, this saying can be applied to any aspect of business. Whenever a professional combines business and personal resources, the potential for trouble exists. Many of those that we here at St. Denis & Davey have worked with in Jacksonville have seen firsthand how difficult it may be to recover assets and funds from a fiduciary once said professional has mixed them with his or her own. A term exists for this particular breach of trust: commingling. 

Understanding professional ethics

When referencing cases of professional malpractice in Jacksonville, many of those involved will use the term "breach of ethics." At first glance, identifying an ethical breach may seem difficult because ethics themselves are seemingly subjective. What one may deem to be ethical, another might just as easily argue that it is not. Some may view ethics (even those established for professions) as being founded on religious standards, while others may view them as being based upon the laws of the land. Still others might argue that they are rooted in societal or industry norms. Thus, how is one to clearly know when a professional breach of ethics occurs? 

Procrastination and legal malpractice

No matter the type of situation, legal procedures can take extensive time, planning and dedication. When a Florida resident places trust in a legal practice, they rely on their chosen attorney to help sort issues out. When that lawyer fails to do so, the situation can take even longer to resolve, and can even worsen.

Legal malpractice: a continuing issue

When an individual in Florida decides to address a situation through the legal process, trust and clarity are two essential components. After all, one must place some level of trust in a professional who claims to resolve legal issues or work on other client-based matters. Yet when a lawyer is dishonest, countless obstacles can arise, and the client can ultimately be affected. 

Understanding the standard of care

When you hear the word "malpractice," like most in Jacksonville, you likely associate it only with the medical profession. However, that those not mean that you cannot be the victim of malpractice at the hands of another type of professional provider. The clients that we here St. Denis and Davey PA work with come to us after having experienced firsthand the damage that the negligence of a supposed "professional" can cause. Typically, such damage is due to a failure to meet the accepted standard of care.

Court justifies insurer in paying lower coverage limit

Most in Jacksonville likely only associate the concept of a "standard of care" to the medical field, which is why whenever news of a malpractice lawsuit surfaces, it automatically assumed to refer to a lawsuit filed against a doctor. Yet the truth is that a standard of care exists in all fields. The concept itself is that service performed should be at the level expected of a reasonable person operating in a similar capacity, whether that be a doctor, lawyer, engineer or insurance adjuster. When such a standard is not met, those expecting it (who in some cases, have subscribed to it) may claim malpractice

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