Data suggests a growing risk of legal malpractice claims

Sometimes, numbers speak louder than words. And a recent study found a growing expense in legal malpractice claims against large law firms across the United States, resulting in payouts of over $50 million during 2017.

According to Broker Ames and Gough, five significant insurers made payouts in 2017 that exceeded $50 million, while one paid out an excess of $150 million. While the number of claims remains consistent, the expense is continuing to expand due to complex review processes and the hidden price of a defense.

Law firms are suffering from the vast expense it takes to combat legal malpractice suits, while defendants see a burden on their wallets as they hire new lawyers to take on these massive claims.

But what classifies as legal malpractice?

Legal malpractice cases rely on an attorney's ability to perform their duties for clients. They need to prescribe to specific standards and guidelines set by the American Bar Association's Rules of Professional Conduct.

If they act unethically or unprofessionally, they are vulnerable to lawsuits from clients. A successful claim could result in an attorney losing their practicing license. However, you have to prove four elements:

1. The lawyer owed a duty to provide competent representation.

2. They acted carelessly or made a massive mistake.

3. Their mistake caused harm or injury.

4. The harm resulted in a financial loss.

A small mistake in one document does not classify as legal malpractice. Even if you are unhappy with your lawyer's representation, it may not qualify as malpractice. Their actions have to violate their code of professional or ethical responsibility.

If you are concerned about a current lawyer and their work on a case, you are allowed to leave the lawyer or express your concerns via letter or email. If the lawyer dismisses the concerns and makes a mistake, you may be able to seek an appeal or lawsuit.

No Comments

Leave a comment
Comment Information
Email us for a response

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy



Jacksonville Office
1300 Riverplace Boulevard
Suite 401
Jacksonville, FL 32207

Toll Free: 866-542-1996
Phone: 904-396-1996
Fax: 904-396-1991
Map & Directions

Miami Office
1395 Brickell Avenue
Suite 800
Miami, FL 33131

Phone: 305-200-8674
Phone: 305-200-8675
Fax: 305-200-8801
Map & Directions

West Palm Beach - By Appointment Only
301 Clematis Street
Suite 300
West Palm Beach, FL 33401

Phone: 561-832-5991
Fax: 561-832-5985
Map & Directions

Panama City Office
305 Cherry Street
Panama City, FL 32401

Phone: 850-481-1386
Fax: 850-640-1247
Map & Directions

Tampa Office
10150 Highland Manor Drive
Suite 200
Tampa, FL 33610

Fax: 813-314-2163
Map & Directions