Legal Malpractice Issues
Lawyers represent clients in many situations. Not only do they advocate for them in the courtroom, but also in negotiations about business, real estate and financial transactions. Not all deals turn out as expected – and sometimes transactions fall through – but when...
We recently wrote about why an attorney’s duty of care to a client is limited by the scope of the agreed-to representation. As we explained, when a lawyer and client enter into an agreement that the attorney will represent the client for a particular purpose, legal...
People may assume that an attorney negligence claim can arise only when a judge or jury decides a case in a way that harms the client because the lawyer failed to exercise their professional duty of care in the process of the lawsuit. However, there are other...
Part 1 of this post introduced the concept within legal malpractice law of defining the lawyer’s duty of care to the client by the scope of the agreed-upon reason the client hired the attorney. For what problem, goal or service did the client seek the lawyer’s...
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....
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...
To state a claim for attorney malpractice or legal negligence in Florida, the plaintiff must first show that there was an attorney-client relationship, sometimes determined by the answer to the question: Did the plaintiff employ the lawyer for legal services? If so,...
When people discuss attorney malpractice, the focus is usually on the actions of individual practicing lawyers who have failed to maintain the professional standards required of those in the profession, thereby harming clients. But if a lawyer who is part of a law...
Have you ever retained an attorney to represent you in a legal matter that was important to you? It is likely that it all worked out to your satisfaction – that even if the results were not what you expected or hoped for, you were satisfied that your lawyer was...
Lawyers may have a chance to represent two clients in very different situations. This can make the lawyer’s position appear a bit inconsistent. In many cases, this is actually fine. However, there are also ways in which it can create a conflict of interest that calls...