St. Denis & Davey, P.A.

Legal Malpractice Issues

2 malpractice lawsuits filed against same attorney

| Oct 21, 2018 | Legal Malpractice Law |

People may approach most attorneys in Florida automatically assuming that said professionals are more than capable of handling their cases. Oftentimes, such an assumption may be justified, given the positive experiences that many people have had when working with attorneys. Yet the complexities of the law can be quite difficult to comprehend (even for attorneys). Attorneys are expected, however, to use the many resources at their disposal to research all matters relevant to the cases they are arguing. One such resource is their own capacity to study case law and have a firm grip on all issues before going into a case. 

It is when there is an apparent lack of such preparation that clients tend to become upset. Take the case of a New Mexico attorney who is currently facing two legal malpractice lawsuits. In one, the plaintiff argues that the attorney failed to adequately research his case or understand the statute of limitations regarding the claim he was pursuing. The attorney’s incompetence led to the man losing the entire value of his claim. 

The other case facing the attorney is being brought by a former client he represented in an estate case. She alleges that he not only failed to file the appropriate estate documents (including her mother’s will) in time, but also that he failed to disclose a potential conflict of interest that later led him to being removed from the case. The attorney was even reprimanded by the state Supreme Court’s disciplinary board for his conduct in the case. 

One can certainly allege that an attorney failed in their duty; supporting such accusations can be another matter entirely. Those hoping to do so may find an attorney specializing in legal malpractice law to be a valuable ally in doing so.