People get divorced every day and most family lawyers provide reasonable advocacy, advice and representation. State law governs dissolution of marriage, so most divorce attorneys develop knowledge and skill specific to their states’ applicable laws. But when a...
Fiduciary Duty
Shareholder derivative lawsuits stemming from COVID
Numerous types of shareholder disputes exist. Shareholder derivative lawsuits, albeit rarer, do occur. With the increasing frequency of these claims in response to COVID-19 measures taken by various organizations, it is important for shareholders and executives to...
The malpractice risk to clients when a lawyer represents all parties to a deal
When parties anticipate a friendly commercial deal or business transaction, they may consider retaining the same attorney or law firm to handle all the associated legal work rather than each of them hiring their own counsel. Joint representation sounds efficient and...
Legal malpractice: Inadequate investigation or discovery in a lawsuit, part 1
Part of an attorney’s legal duty to their client in a lawsuit is uncovering evidence of what happened to cause the dispute. Initially, the lawyer will investigate the facts to learn whether the client has a valid claim. If enough evidence exists to support the case...
Florida legal malpractice: Duty of care and fiduciary duty are distinct
Under the umbrella of legal malpractice are two kinds of claims against a lawyer: breach of the duty of care and breach of fiduciary duty. Each duty involves a different professional aspect of the attorney-client relationship. Broadly, the duty of care concerns...