When a person in Florida hires an attorney, it is usually because they are facing some sort of crisis situation. Perhaps their marriage is crumbling and they are filing for divorce. Perhaps they are being accused of committing a crime. Or, maybe they were injured in a...
Professional Malpractice
What the Florida Bar Rules have to say about relationships with clients
In our last post, we discussed how the State Bar of California is proposing significant changes to the attorney conduct rules, including those covering the always controversial issue of sexual relationships with clients. Specifically, this proposed rule departs from...
Which amendment to the rules of conduct is causing a stir in California?
Over the last two years, a commission of the State Bar of California, the largest state bar in the nation, has been working diligently on an overhaul of existing ethics rules in order to better "promote trust and confidence in the legal profession, and the...
What are local professionalism panels? – II
Last time, we discussed how those who want to hold an attorney accountable for their unprofessional conduct via a process that is both constructive and enlightening, rather than purely punitive, may consider filing a complaint with a local professionalism panel.To...
What are local professionalism panels?
As we've established on our blog, when a person has been aggrieved by the misconduct of an attorney, their primary avenue for resolution is through filing a grievance with the Florida Bar's Attorney Consumer Assistance Program, which is capable of meting out...
ABA report reveals subtle shifts in pattern of legal malpractice
Since 1985, the American Bar Association's Standing Committee on Lawyers' Professional Liability has released a much-anticipated report, the Profile of Legal Malpractice, every four years. For those unfamiliar with this publication, it provides a detailed examination...
What are an attorney’s duties concerning damages awarded?
When a person retains the services of an attorney to handle a civil matter, like a personal injury case, one of the primary objectives is to secure damages for any injuries endured as a result of the defendant's negligence. For example, people who hire an attorney...
Should you date your attorney while your case is pending?
It is true that to be truly successful in business, it is not what you know...it's who you know. For attorneys, that commonly means that referrals from people are as good as gold. Indeed, it is easier to work with someone that you have things in common with. In some...
Should an attorney be blamed for a business failure?
It is not surprising that an attorney will be blamed for a business venture going sour. However, when a business fails, it is not usually a legal error that dooms the business. Nevertheless, clients will blame the lawyer for failing to provide legal advice that would...
Does your attorney owe you a duty?
In many legal malpractice actions, one of the principal questions to be asked (and answered) is whether the defendant attorney owed a duty to the plaintiff client in the course of the attorney’s representation of said client. In most instances, the answer is a...

