St. Denis & Davey, P.A.

Legal Malpractice Issues

What are the most common legal malpractice claims?

| Nov 13, 2018 | Legal Malpractice Law |

When you hire a lawyer in Florida, you expect that he or she will do a competent job. However, sometimes issues come up and your lawyer does not do a fair job. In these situations, you have the option of taking your lawyer to court for legal malpractice. There are various reasons why you may sue for malpractice. It often depends on the type of case you had.

According to the Insurance Journal, if you had a high-risk case, the chances are higher that you may sue for malpractice due to inadequate representation or breach of fiduciary duty. Many of these cases stem from a lawyer taking on a case that he or she is unable to handle because the case was not properly researched before taking it on. If a lawyer cannot handle a case either due to not having enough staff, time or knowledge, then it is his or her responsibility to not take the case.

Another example is commercial real estate cases. In these situations, the most common reason for a malpractice lawsuit is contract errors. These cases require a high level of experience in writing contracts and handling contract law. If a lawyer lacks such experience or knowledge, he or she should not take this type of case.

Overall, though, one of the most common reasons regardless of the type of case is conflict on interest. This is where a lawyer has a personal stake in the case. Your lawyer cannot benefit if you lose the case. This creates a situation where the lawyer must choose between representing you properly or personally benefiting. Your attorney should always conduct a complete check of any competing interests before taking your case. This information is for education and is not legal advice.