December 2018 Archives

Firm sued for failing to notify court of attorney change

Legal matters can often move at a glacial place, yet that may be by design. After all, given all that is at stake, Florida residents want to ensure that those representing them have all the time needed to research and prepare for their cases. The consequence to this may be a time commitment that can last months or even years. A lot can happen in such an extended time frame, including seeing one's attorney excuse themselves from a case in order to relocate to another firm. If such a change happens, very detailed instructions are given as to the method of transferring representation. 

What duties arise from a legal consultation?

Like most in Florida, prior to your current situation, you likely could not envision being in a scenario in which you would need to secure the services of an attorney. Yet you probably hear advertisements for local lawyers soliciting your business, telling you to come in for a consultation to see if they can help you. The question is what legal obligation do you have when seeking such a consultation, and conversely, what obligation does the consulting attorney have to you? 

Understanding the "advice of counsel" defense

People in Florida rely on lawyers to know and correctly interpret the law. Most would never believe that acting on the advice of their attorneys could potentially lead to legal troubles, yet what happens if it does? There is a valid legal defense that some claim in these situations known as "advice of counsel." Essentially, this represents situations where one has disclosed all of the facts to an attorney regarding the legality of their actions, and were subsequently assured by said attorney that no laws were being broken. It would then seem reasonable to assume that with such an assurance, one would have never viewed their activities as being illegal. 

Approaching a legal malpractice case properly

If you think that a legal professional may have violated your rights, you should immediately examine your entire situation and see which options you have. Pursuing legal action may be vital and there are a number of things you should realize before filing suit. For starters, it is pivotal to approach your case properly if you are determined to seek justice and secure an end result that is in your favor. Our law office understands that many people across Florida have been subjected to these types of mistreatment, but there have been many successful instances of litigation afterward.

The denial of legal malpractice

Every day, there are people who find themselves let down by a legal professional that they were counting on. Legal malpractice can be incredibly devastating and it takes on many different forms. For example, legal malpractice may involve the breach of fiduciary duties, or it may involve some other facet of legal services. Moreover, this happens more often than many people realize and the consequences can be devastating. Not only do some of those who experience legal malpractice experience severe financial challenges they may also struggle from an emotional point of view. Worse, some people who are responsible for legal malpractice deny the allegations altogether.

What is the legal discovery process?

The legal discovery process refers to an attorney gathering evidence in preparation for a trial. Discovery involves both the attorney’s client as well as the other party involved in a suit, which helps legal counsel bring together their case. Live About explains how discovery works so you can rest assured that your legal team is navigating the process appropriately.

What attorney red flags should I look out for?

Whether it’s concerning a criminal or civil case, securing quality legal counsel is hugely important. While most attorneys working today strive to do the best for their clients, the unfortunate fact remains that some lawyers are simply not up to par. To help you obtain the best legal guidance possible, The Balance offers the following advice.

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