September 2018 Archives

Can you file a legal malpractice claim for mental incapacity?

Attorneys have a duty to ultimately represent their client’s best interests. However, this can prove difficult when the client has some form of mental disorder such as dementia or bipolar disease. Even when the client cannot make logical decisions from their diminished capacity, the attorney must try to have a normal relationship with a client and take necessary precautions in the proceedings.

Is it legal malpractice if an attorney stops responding to you?

A close relationship with an attorney can help clients get better case results. Lawyers who fail to communicate may not understand their clients' wishes and clients may not receive crucial case information. This communication failure can also result in missed deadlines and settlement offers.

Preventing accounting malpractice from destroying your company

In an effort to protect your organization's financial structure and build a trustworthy relationship with clients, you have hired the best accountants and financial representatives to handle the money that goes into and comes out of your business. As such, you rely on them to provide honest work and to complete their designated responsibilities with integrity, timeliness and transparency. At St. Denis & Davey, we have helped many companies in Florida who have unfairly found themselves a victim of accounting malpractice. 

What is commingling and how is it related to legal malpractice?

When someone hires an attorney to manage their funds, they trust that attorney to keep their money safe in a separate account. Unfortunately, some attorneys ignore best practices and decide to "comingle" their personal finances with that of their clients. People who trust their attorneys to help manage their money should understand what commingling is and how it relates to legal malpractice. 

Law license suspension ordered in legal malpractice case

It may be next to impossible for an attorney to provide a client with adequate representation if he or she does not have all of the information a client has regarding a case. A client's initial hesitancy to being so forthcoming is understandable; after all, cooperating in this way may require releasing personal information. This is why professional conduct policies require that attorneys protect the information provided to them by clients to the strictest of standards. Any failure to do so may be viewed as both professional negligence and a personal betrayal. 

What Is Privity And Why Is It Important In Legal Malpractice?

The concept of privity is an essential part of an attorney-client relationship and is a term that is part of legal ethics, and regulations. Privity, a word derived from Old French and Latin, is a legal concept that stands for fidelity in a legally formed status, such as a contract or a client-attorney relationship. If someone objects to conditions established by an agreement, without privity, they have no recourse, for example, in the form of:

Detailing your attorney's duty to communicate with you

Having not gone to law school yourself, you cannot be expected to have a strong knowledge of local statutes or the rules and regulations governing legal procedures. That is why you typically leave such matters to your attorney. Yet while you may expect your lawyer to handle all of the legal "mumbo-jumbo," you still will want to remain actively involved in your legal representation. Surprisingly, one of the more common complaints that those we here at St. Denis & Davey hear from clients who were unhappy with previous legal representation is a lack of communication between lawyers and clients. This may prompt you to wonder how much your lawyer should be communicating with you. 

Detailing when an attorney can withdraw from your case

The moment you retain legal representation for any matter in Florida, you assume you are getting an advocate that is going to be with you until the conclusion of your case. Yet circumstances may arise that cause your attorney to feel the need to withdraw his or her services or recuse him or herself. Such a decision will likely have a significant impact on your case, which is why many come to us here at St Denis & Davey asking if this is even allowed. It is, but only if it is done correctly. 

Client's alleged incapacity determined to be unfounded

Of all of the professional partnerships one may enter into in Florida, that of an attorney and client might be the most unique. Clients have to place a great deal of trust in their attorneys given their unfamiliarity with legal matters. They likely do so with the expectation that not only will their attorneys do the utmost to protect their interests, but also that said attorneys would never abuse their trust or take advantage of them. Unfortunately, proving that an attorney might have taken advantage of a client's inexperience or limitations can be difficult. 

What happens when an attorney's practice is sold?

Whenever you are involved in a legal matter, it is only through the full disclosure of all of the information that is relevant to your case that you can ensure the best representation. That means placing a good deal of trust in the fact that your attorney will fulfill his or her obligation to keep such information confidential. Said information will often be documented in a case file that remains with your attorney's practice. Yet what happens if and when your attorney decides to sell the practice? 

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