St. Denis & Davey, P.A.

Legal Malpractice Issues

Malpractice dispute moves to arbitration

| Nov 22, 2019 | Legal Malpractice Law |

Property disputes can lead to costly judgments, and some Florida clients may feel as if they did not get a fair shake or adequate representation from their attorneys. In one case, a real estate law firm is facing a lawsuit from a trucking business after the company was ordered to pay $3.8 million to the owner of a neighboring piece of property. The case is moving to arbitration, a move supported by the firm. The trucking company’s owner filed a claim on Oct. 7, accusing the law firm of legal malpractice for failing to win what he claims was a clear-cut case.

The firm, on the other hand, says that it only represented the trucking company owner after he was already held to be liable in the underlying dispute over the property. It says that its representation was limited solely to the amount of money that would be involved in the judgment. It denied any negligence in the case and claimed that the former client was only filing a lawsuit because he wanted to avoid paying legal bills for their services.

The case was moved to arbitration after the firm cited a provision in the trucking company’s agreement with it agreeing to handle disputes through arbitration. The trucking company is appealing the judgment against it in the underlying property case. The case involves the trucking company’s use of a neighboring lot, which it sought to acquire under adverse possession. It had been renting out the lot to other companies and enjoying the proceeds without consent, the registered owner of the lot alleged.

The aftermath of a legal case gone wrong can be costly and painful. If a lawyer’s negligence or intentional wrongdoing harmed a client’s position, a legal malpractice attorney may review the case and work to pursue compensation for damages.