Legal Malpractice Law Archives

Lawsuit claims law firm missed statute of limitations

Understanding the complex details associated with litigation requires familiarity with policies and procedures that most people in Florida simply do not have. Thus, they turn to attorneys for assistance in handling their legal matters, assuming that the attorney's industry will compensate for their lack of understanding. While each case may have its own unique complexities that require attorneys to expand their knowledge, it is assumed that they know basic things such as timely filing limits and case deadlines. This is why, when such small details are overlooked, people may be quick to accuse attorneys of negligence. 

What if a client is of diminished capacity?

Seeing a loved one work their way through any legal issue in Florida can be nerve-wracking. Your stress is sure to be compounded if that family member or friend suffers from a diminished capacity. The attorney-client relationship is already complex enough without having to deal with the concern that your loved one (either through trauma, inexperience or mental impairments) is unable to make sound decisions on their own. Their attorney must then maintain their obligations to them while ensuring that their best interests are understood and represented. 

How is attorney competence defined?

There are many people that may pride themselves on handling issues on their own as opposed to hiring others to do things for them. There are indeed certain benefits to following the DIY way of thinking: you can yourself money and gain helpful knowledge. Yet there are also special circumstances where you are likely better served by turning to a professional for help. 

When does bad legal representation rise to malpractice?

If you are a Florida resident who is disappointed by the quality of your legal services, you are probably wondering whether your lawyer committed malpractice. Legal malpractice law serves an important purpose for clients and the legal community. However, not every case rises to actionable legal malpractice. An article in the American Bar Association provides insight into when you may be able to recover damages for an attorney’s mistakes.

Why are you owed a thorough title search?

Purchasing a new home in Florida should be an exciting time for you. However, if the property contains a hidden problem that you do not know about it until after you make the purchase, you could find yourself in litigation over ownership or debt disputes. It is the job of a real estate attorney to find these problems during a title search. For a number of reasons, an attorney should be as thorough as possible while checking over a property before you buy it.

What requirements can I put in a trust?

Florida families sometimes come to the conclusion that placing money into a trust for an heir to inherit at a future date is the best move. Given the complications involved in setting up a trust, an estate planning attorney is often needed to draft the trust and to provide legal advice. You have wide latitude in how you may distribute money to heirs through a trust, so it is important that your attorney make your wishes clear while composing your trust documents.

What should I look for in an attorney?

A reliable attorney is an invaluable resource when faced with litigation. That's why the decision should not be entered into lightly, as making the wrong selection can cost you a lot. The Balance recommends the following steps so you may rest assured the lawyer you choose is up to challenge. 

State board recommends attorney should lose license

It may be easy for those not directly involved in legal malpractice claims in Florida to view them as simply the sour grapes of those whose legal proceedings did not go as they had planned to be thrown in the directions of their attorneys. Legal representation does not always comes with satisfaction guarantees, and clients typically understand that. At the same time, a negligent attorney can prove to be very damaging to a case due to their in-depth knowledge of the law as well as the methods in which the legal system works. 

Can a lawyer practice in any area?

It may be easy to fall into the school of thought that a lawyer is a lawyer, and as such, has privileges to do anything within the legal profession. You might even extend that opinion to positing that a lawyer can provide you with representation in any location. However, when lawyers seek authorization to practice law, they do so through their local state bar associations. That allows them to practice only within that jurisdiction. 

Multiple attorneys disciplined, some temporarily disbarred

When a person in Florida hires an attorney but then fails to receive the proper counsel and professional assistance they are due, it is reasonable to expect that there is some opportunity for recourse or justice in the matter. This recourse or justice may take many forms and for some clients today, it may well come in the form of some professional disciplinary actions levied against a multitude of attorneys.

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