When pursuing legal claims for plaintiffs, it is crucial for attorneys to identify and investigate all the potential defendants. Doing so helps ensure that every avenue for recovery is explored, maximizing the potential compensation a plaintiff might receive.
Overlooking a key defendant could significantly impact the outcome of the case. Under certain circumstances, it might even constitute legal malpractice.
The importance of identifying all potential defendants
A comprehensive investigation into all potential defendants is not only crucial for casting a wide net for compensation. It is how we ensure that justice is served. It is only fair to hold every responsible party financially accountable for their actions.
That said, missing a potential defendant could indeed affect the plaintiff’s ability to get compensation. Suppose an attorney overlooks a potential defendant, such as a subcontractor involved in a construction defect case. If the subcontractor is left out of the lawsuit, the plaintiff could miss out on a substantial portion of the compensation they are entitled to.
For one thing, the defendants who were named in the lawsuit could have a strong defense if the subcontractor played a crucial role in the defect. If the subcontractor was more liable than the other parties, the plaintiff’s claim might be dismissed altogether.
In other cases, the named defendants might be found liable – but what if they can’t afford to pay the damages? The subcontractor could have been an additional source of payment for a successful plaintiff.
Rule 4-1.1 of the Florida Rules of Professional Conduct requires attorneys to provide competent representation, which includes the duty to be thorough and prepared. This means conducting diligent research and a full investigation.
A quick, high-pressure settlement is a red flag
It is important to be aware that, in cases like these, attorneys have been known to pressure their clients into accepting quick settlements in order to cover up their failure to identify key defendants.
This could potentially happen if the attorney realizes too late that a significant party was not included in the lawsuit. Getting the plaintiff to settle quickly might seem like a way to resolve the situation without admitting fault.
Pressure to settle from your attorney is often a red flag that something is amiss. Your attorney is legally obligated to take your side and act in your best interests.
Clients should be wary of any situation where they feel pressured by their lawyer – especially if the settlement offer seems unduly low. A client in this position would ideally seek a second opinion before agreeing to a settlement. Even if you did not, however, you may still have a legal malpractice claim.
Understanding whether you have a legal malpractice claim
To establish a legal malpractice claim, three elements must be proven: the lawyer had a legal duty toward the client, the lawyer breached that duty, and the client suffered a financial loss as a result. Florida lawyers are required to act with reasonable diligence and competence. When they do not and their client is harmed financially, it could be legal malpractice.
When considering whether your attorney missed suing a key defendant, it’s important to note that attorneys are allowed to make informed, strategic decisions about which defendants to pursue. Strategic decisions are a normal part of legal practice and do not necessarily indicate a breach of the Florida Rules of Professional Conduct. However, missing a key defendant through lack of diligence potentially does.
What to do if you suspect your attorney failed to pursue an appropriate defendant
If you believe your lawyer may have missed a potential defendant in your case, it’s advisable to seek a second opinion from an attorney who handles legal malpractice cases. Malpractice isn’t always obvious, and discussing your concerns with a legal malpractice lawyer can provide clarity and guidance on your next steps.