Cases involving professional malpractice claims in Jacksonville will often refer to examples of alleged conflicts of interest. The reason why this principle is so often cited is due to the duty that a professional practitioner owes to his or her client. In the case of an attorney, a client expects that attorney to do all that is reasonably within his or her capacity to secure a favorable outcome to said client's case. If that same attorney is also involved with another party to the same matter (whose objectives might seem to be in conflict with the client's), then one might question how his or her position can be viewed as any but compromised.
It is often said that there are only inevitabilities in life: death and taxes. Given the complexities associated with the latter, you might actually prefer the former. This is why you hire someone (such as an accountant) to prepare your return every year. Yet it is important to remember that these professionals are not infallible; in fact, many often come to our tem here at St. Denis & Davey PA after having had to answer for tax errors made by their accountants wondering what (if any) legal recourse is available to them.
When one hires an attorney in Jacksonville, he or she does so with the expectation that said attorney will utilize every available resource to support his or her representation. However, an attorney can only work with what he or she has been given, and one of his or her most important resources will be the information his or her client provides. The principle of attorney-client privilege facilitates the exchange of that information. According to the National Constitution Center, the U.S. Supreme Court has recognized as much when it ruled "(i)ts purpose is to encourage full and frank communication between attorneys and their clients, and thereby promote broader public interests in the observance of law and administration of justice."
There are multiple reasons why personal injury legal malpractice can be an especially hard issue for many people to work through. First of all, many people who are in this position are already struggling with problems related to their injury. For example, someone who was hit by a reckless driver may be going through a lot of physical pain or facing financial challenges due to taking time off work. Legal malpractice can make things significantly worse for people who are in this positon, adding to the stress and financial burdens they may be experiencing. As a result, it must be addressed promptly and properly.
Professional malpractice takes a myriad of forms and our law office has discussed many different examples of malpractice on our blog. From malpractice that takes place during the probate process or malpractice involving real estate transactions or a personal injury case, this can be extremely upsetting and create many challenges for people who are already struggling enough. Often, people look at the financial consequences of malpractice, but there are other ways in which this negligence can shatter a person's life. For example, the emotional toll of professional malpractice can be overwhelming.
You have made it through law school, clerking jobs and internships and now you are a full-fledged attorney ready to make your mark in Florida law. One of your first decisions is likely to be whether to be whether or not to carry malpractice insurance. Although the state does not require it, you should consider it, especially if you have set out your shingle in a solo practice.
No one hopes to experience complications following any type of medical procedure in Jacksonville, yet if and when you do, your first thought may be that your doctor or surgeon is guilty of medical malpractice. That may in fact be true in many cases, yet it could be just as likely that your procedure simply did not net the desired results (even after having been performed correctly). The question is how can you tell the difference?
If you have ever read a contract or another legal document, you know they can be hard for the average Texan, who is not an attorney, to understand. Liberally strewn with professional lingo (legalese) and confusing words like heretofore, aforementioned and herewith, you may wonder what it is you just read and what it means. Your attorney is, of course, there to explain it to you, but if you think all of those fancy words are included just to confuse or impress you, that is probably not the case.
An important part of the attorney-client relationship in Florida, the U.S. and throughout the world is the rule of confidentiality of information. It says that a lawyer should have full and informed consent from the client before disclosing information related to the client’s representation.
In a situation that is likely already overwhelming, discovering that an attorney has not provided quality, professional service can lead to yet another stressor. Floridians in these situations may be considering taking legal action. Before one takes these steps, it can prove helpful to know the most common ways lawyers can be guilty of malpractice, and what clients can do in these unfortunate situations.