Disciplinary violations and legal malpractice

The Florida Bar and American Bar Association holds attorneys to a high standard of ethical and professional conduct. When at attorney fails to meet the standards, a disciplinary violation may follow.

Depending on the circumstances of the alleged misconduct, a legal malpractice claim can arise from a misconduct complaint or a legal malpractice suit can lead to professional sanctions. If your attorney's misconduct harmed your case, you may have grounds for a legal malpractice claim.

Grounds for a legal malpractice claim

When your attorney fails to act in way expected based on their skills and knowledge, and that failure damaged your claim, your attorney may be guilty of legal malpractice. Put another way, your attorney owes you a fiduciary duty to act in your best interests. If your lawyer fails to protect your interests through negligence or misleading tactics, they have breached that duty and can be held accountable through a legal malpractice lawsuit.

Attorney misconduct

Professional misconduct occurs when a lawyer fails to comply with the rules governing ethical conduct. An attorney may be guilty of misconduct if they overbill for services, provide false or misleading statements or have a conflict on interests.

While a legal malpractice suit allows a victim to pursue compensation, a misconduct complaint can lead to sanctions or even disbarment depending on the severity of the conduct violation. Victims of unethical conduct can file a misconduct complaint through the Florida Bar's website.

Does misconduct equal malpractice?

Not necessarily. A lawyer can be guilty of misconduct without actually damaging your case. To have a valid legal malpractice claim, your lawyer's actions or inactions must have caused damage to your case. If you suspect unethical conduct or legal malpractice, additional legal guidance can help you learn more about your options.

No Comments

Leave a comment
Comment Information
Email us for a response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

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.

close

Privacy Policy

Contextual

Contact

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