St. Denis & Davey, P.A.

Legal Malpractice Issues

After charge dropped, man pursues legal malpractice

| Jan 23, 2018 | Professional Malpractice Law |

Florida residents who seek professional guidance from an lawyer when faced with serious legal issues should be able to trust in the quality of the advice that they receive. When they later discover that what they had been told by their attorney may not have been the most accurate or in their best interests, people need to know that they have the right to seek justice.

One man from the midwest has been struggling with this type of issue for several years now. The case started really in 2008 when the man, who was HIV positive, had sexual relations with another person but did not let the other person know this. Reports indicate that the first man did wear a condom and had also been taking medicine which made his chance of transmitting the virus extremely small.

This latter detail ended up being instrumental in having the original charge, for which he ultimately pled guilty, thrown out. This happened as the result of an appeal to the original conviction. For the appeal, the man hired a different attorney than the person who originally represented him. The second lawyer suggested that the transmission potential reality should have led the first attorney to avoid recommending a guilty plea. As such, the man pursued legal action against the first lawyer. For now, the courts have sided with the lawyer but the man may be able to appeal that decision.

When struggling with inappropriate legal advice in Florida, people might find getting a second opinion a good way of deciding which path to follow.

Source: The Courier, “Jury sides with Waterloo attorney in malpractice trial,” Jeff Reinitz, January 19, 2018