St. Denis & Davey, P.A.

Legal Malpractice Issues

Legal malpractice cases and clients’ rights

| Sep 29, 2017 | Professional Malpractice Law |

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. 

While legal malpractice is unlawful in the state of Florida, it is important to know the details of these ethical missteps. Some common forms of malpractice are conflict of interests, wherein a lawyer places bias in cases that demand objectivity, and negligence, when a lawyer fails to meet the needs of a client altogether.

A Common Occurrence

Many Florida residents may wonder how frequently conflict of interest cases occur. The American Lawyer released an article stating that, unfortunately, such cases are the most common claim for malpractice suits. And as conflict of interest claims are common, The American Lawyer adds that the cost of defending malpractice claims is also on the rise. Reason for this increase could be that insurance lawyers’ average hourly rates are increasing. Cyber attacks are also recent culprits; firms nationwide have reported instances wherein global cyber attacks have shut down and crippled firm phone and email systems. 

The Top Priority

Regardless of how legal malpractice occurs, the needs of clients remain the focal point of concern. While some lawyers do experience internal issues within firms, Findlaw points out that clients nevertheless have valid reasons for filing a malpractice claim. Whether it is conflict of interest or negligence, there exist sets of elements that officially constitute as legal malpractice. Florida protects clients who suspect they are victims of a malpractice case, but the process to resolution can often be a difficult one. For this reason, it is important that those taking legal action are equipped with the information they need to come to a solution.