Attorneys in Florida and around the country may face legal malpractice lawsuits when their negligent actions cause their clients harm. A Philadelphia lawyer was threatened with such a lawsuit when he demanded $320,000 in compensation for services already provided from a client who had decided that his interests would be best served by a different law firm. During the ensuing negotiations, the attorney agreed to accept $160,000.
However, the deal was not finalized because the attorney wanted the client to agree to release all claims. This would prevent a future legal malpractice lawsuit. The client refused the demand. The attorney then changed his position and accepted the $160,000 offer, but the agreement was never signed. The attorney filed a breach of contract lawsuit when the money was not paid, but it was dismissed when he was not able to provide the court with an enforceable contract. On Nov. 26, a federal appeals court affirmed the decision to dismiss the case.
The client at the center of the legal tussle is a former professional wrestler and football player who claims that his likeness was used without his consent in the popular ‘Gears of War” video game series. A court ruled that the use of his likeness was coincidental and protected by the First Amendment. His new legal representatives have appealed the ruling.
Attorneys with experience in legal malpractice law may pursue civil remedies on behalf of individuals who have suffered financial setbacks because of inadequate or negligent legal representation. Attorneys may also file lawsuits against lawyers who violate their fiduciary relationships by negotiating in bad faith. Florida’s statute of limitations places a strict time limit on when this type of lawsuit can be filed, which is why it is important for clients who wish to pursue such a case act without delay.