St. Denis & Davey, P.A.

Legal Malpractice Issues

Legal malpractice: a continuing issue

| Sep 9, 2017 | Professional Malpractice Law |

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. 

Such was the case for Russian businessmen Andre Tolkachev and Oleg Tolkachev, who, according to the Daily Business Review, discovered that their lawyers hid vital information regarding past real estate judgments. The businessmen, two brothers in the oil and gas industry, filed a complaint against Porter, Wright, Morris and Arthur and its Naples managing partner for negligence and breach of fiduciary duty. Through a partner, the brothers invested millions toward what they thought were real estate projects. The Tolkachevs continue to wade through the issue’s aftermath and salvage the investments as accurately as possible. 

As with the Tolkachev case, lawyers with millions of dollars of judgments against them are legally obligated to disclose that information to clients. Florida Record reports on another legal malpractice suit involving foreclosure defense attorney Robert Lithman. Lithman, along with his firms, were accused of mishandling a $9.7 million lawsuit by the Federal Deposit Insurance Corporation. The plaintiffs, real estate company RSB Ventures, Incorporated and its principals, accuse Lithman of failure to respond to an FDIC motion to dismiss or make a timely file of a notice of appearance. RSB Ventures initially sought a loan for commercial use. When the bank failed, FDIC demanded full repayment.

Issues such as the aforementioned two cases happen more than one might assume. Those experiencing legal malpractice may choose to file a complaint, where they must explain the areas in which the dishonest attorney made decisions in their own interest, as well as clarify other legal details.