St. Denis & Davey, P.A.

Legal Malpractice Issues

How to determine if legal malpractice occurred

| Oct 15, 2019 | Legal Malpractice Law |

Attorney malpractice can have major ramifications for a client in Florida. However, just because an attorney makes a bad decision doesn’t mean that the error was egregious in any way. When determining if an attorney committed malpractice, it’s important to figure out if negligence occurred. A negligent act occurs when an individual breaches a duty of care by taking actions that aren’t reasonable or prudent.

It’s important to note that a decision that may seem baffling in hindsight may have been a reasonable one when it was made. A client must also show that an error made by legal counsel resulted in financial damages. For instance, if an attorney failed to preserve a plaintiff’s right to sue in a personal injury case, it could be impossible to reach a settlement.

However, it must be shown that an attorney’s error was the specific reason why a plaintiff lost out on a financial award. If it can be proven that an attorney is likely guilty of malpractice, an individual must consider whether it’s worth spending money to recoup his or her losses. Typically, a malpractice victim will need to hire another lawyer to review the case prior to pursuing a malpractice lawsuit. It may also cost money to hire outside professionals to verify that malpractice occurred.

If an individual believes that an attorney engaged in intentional wrongdoing, it might be worthwhile to pursue a malpractice lawsuit. An attorney could review the case to determine if negligence likely occurred. In some cases, it’s in a victim’s best interest to settle a matter outside of court. However, legal counsel could represent an individual in court if necessary.