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.
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.
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.
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.
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.
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:
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.
If you are disappointed with the outcome of your legal case, you may or may not have grounds for suing your attorney for legal malpractice. To qualify as malpractice, the attorney's action or inaction must:
Going to court is a lengthy process. Between court appearances, hearings and discovery, it may take between months and years to finally close a case. When the case finally ends, clients may sigh in relief that it's finally over.
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.
No client hopes to file a legal malpractice claim against their attorney. However, it happens more often than law firms want to admit. In fact, several practice areas breed legal malpractice claims from former clients.
Divorce is complicated, but military couples realize how difficult it can be in a whole different way. Anything regarding the military is complex, and not everyone understands the nitty gritty. Unfortunately, sometimes this is the case with divorce attorneys.
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.
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?