Today we go back to the basics that define legal malpractice. When an attorney fails to adhere to a reasonable duty of care in the legal matter they took on for a client and the client suffers harm as a result, the client has a claim for attorney malpractice that can...
Attorney-Client Relationship
FL Supreme Court: Insurer can sue the law firm it hired to represent its insured for malpractice
We have written about the requirement of an attorney-client relationship for a legal malpractice claim to succeed. In addition, we previously described a narrowly defined group of third-party beneficiaries of attorney-client relationships with standing to sue a lawyer...
Scope of representation defines a lawyer’s reasonable duty, part 1
We recently talked about the first element of a legal malpractice claim against a lawyer: the attorney-client relationship. In that post, we explained that a person suing their lawyer for malpractice must first establish that there was an attorney-client relationship....
The first element of legal malpractice is an attorney-client relationship
When someone believes that their attorney’s negligence or malpractice harmed them, they must show three elements to establish that legal malpractice occurred: An attorney-client relationship The attorney’s breach or neglect of a reasonable duty owed to the client The...
What choice do I have? An attorney’s responsibility to his client
Generally speaking, someone seeking legal counsel is confused, stressed and in need of very wise counsel. Even licensed attorneys – who are conversant in the law – seek legal counsel when facing possible litigation.The old adage, a person who represents...
Loose lips sink ships: Attorney confidentiality and your case
Every attorney owes his client a number of duties. Attorneys are sworn to uphold a code of ethics, and when they do not, civil - and sometimes criminal - penalties may follow. A crucial aspect of the attorney-client relationship is attorney-client privilege. Without...
Did your lawyer violate your confidentiality?
A lawyer is supposed to be a trusted ally when you need legal assistance. You should be able to count on your lawyer to make sure that your information is secure.A breach in confidentiality is not always when a lawyer intentionally gives your information to an...
Attorney-client privilege holds even in digital age
Florida attorneys commonly communicate with clients about problems that need to be kept confidential for a wide variety of reasons. This has always been a primary reason for the principle of attorney-client privilege.Given that even the major credit rating agencies...
Can my lawyer refuse my requests?
When you hire someone to do a job for you, you expect them to carry out your requests. If your lawyer refuses to file an agreement or negotiate according to your preferences, is he or she overstepping their bounds?Would a case like this be considered legal malpractice...