If someone has sued you, your defense attorney is responsible for protecting your rights throughout the proceedings. Part of that duty includes identifying whether you have any valid counterclaims against the party suing you. If your attorney overlooked a counterclaim...
Florida Legal Malpractice Law Blog
Did your lawyer fail to include a prevailing-party attorney’s fee provision in your contract?
Entering into a business agreement requires careful planning to ensure your legal rights and financial investments are protected. When you hire an attorney to draft a contract, you rely on their knowledge and skill to protect your interests in the event that contract...
Did a failure to properly serve a defendant lead to the dismissal of your lawsuit?
Among a lawyer’s most crucial responsibilities when filing a lawsuit is to ensure that all potential defendants are named and served with official notice. Missing a potential defendant could leave that defendant out of the lawsuit entirely – leaving no chance to hold...
Did a failure to properly perfect a security interest impact your commercial loan?
When a commercial lender or a community bank extends credit to a business, the transaction is built upon a foundation of risk management. Securing the loan with collateral – such as real property, inventory, or equipment – is a fundamental way to mitigate that risk....
Was your real estate transaction jeopardized by your lawyer’s failure to identify property encumbrances?
When you engage an attorney to facilitate a real estate transaction, you are seeking more than just a signature on a deed. You are relying on their professional expertise to ensure that the title you are receiving is "clear" – meaning it is free from hidden legal...
Did your lawyer fail to name an indispensable party in your civil litigation?
The process of managing a civil lawsuit requires a high degree of precision by the attorney, particularly when it comes to identifying who exactly needs to be involved in the litigation. In the legal world, certain individuals and entities are considered...
Did your attorney miss the statute of limitations in your personal injury case?
When you are injured in an accident that was someone else’s fault, the legal system provides a pathway to seek compensation for your medical bills, lost wages, and pain and suffering. However, this pathway is not open indefinitely. In Florida, as in all states, there...
Did a lawyer’s error in drafting a will or trust invalidate your loved one’s estate plan?
Most people create a will or trust because they want clarity. They want their assets to go where they intend with as little cost and stress as possible for the loved ones they leave behind. An estate plan only works, however, if it is legally effective. If a document...
Did your attorney’s poor oversight in statutory compliance lead to penalties?
When you hire a lawyer for a business or real estate matter, you typically do so to help you navigate legal rules you may not deal with every day. Many of those rules are not optional. They are set by statutes or regulations and can carry fees, fines, interest or...
Did your lawyer fail to conduct adequate due diligence in your legal transaction?
When you hire an attorney for a business or real estate deal, you are not just paying for document drafting. In many cases, you rely on your lawyer to protect your interests in the deal, as well. Doing that requires investigating the key facts, identifying legal risks...

