When a lawyer is hired, he or she is subject to a particular set of expectations. Just because a person or business hires a lawyer doesn't mean they will win a case, but care is needed to provide the best representation possible. In civil matters, such as a business dispute, a lawyer is hired by a wronged party, known in court as the plaintiff, to seek a judgment. But, what happens when a lawyer takes the dispute from bad to worse?
The definition of malpractice
A lawyer engages in malpractice when his or her careless or mistaken representation results in measurable harm to a client. Legal malpractice cases are not an easy win, but what could qualify as malpractice falls under a relatively large umbrella.
Malpractice may include, but it is not limited to:
- A breach in client confidentiality.
- A conflict of interest between the attorneys hired by the plaintiff and defendant.
- Misuse of funds.
- Failure to act.
- Failure to inform the client when a case progresses.
The key to proving legal malpractice often rests on the notion that a case was winnable, but an attorney's actions devitalized the case and caused harm to a client.
Legal malpractice case coming to Florida
A malpractice case that has earned the attention of finance, business and legal circles alike could soon receive a judgment here in the state of Florida. A precious metals trading firm is suing a law firm they sought for legal advice on allegations that the law firm did not advise them to stop violating the Dodd-Frank Act, according to Crain's Chicago Business.
The case is being moved from its original filing in Illinois to a new trial in Florida because the partner at the law firm in question was domiciled in the Sunshine State. The now defunct precious metals firm is seeking approximately $100 million in damages after a judge found the business in violation of the Dodd-Frank Act in 2014.
Help is available when an attorney fails
A business client that retains an attorney might expect to be informed of changes in the law. The ruling of the aforementioned case will be left up to the courts, but it highlights the importance of knowing who to turn to when faced with a business dispute or high-risk decision.
When an attorney fails to do his or her job in accordance with their duties, help is available through the legal malpractice process.