If you believe your Florida attorney committed some form of malpractice while representing you, you have the right to sue him or her for the damages you sustained as a result of his or negligence. Before you do so, however, you should determine whether or not (s)he carries malpractice insurance. This type of insurance also goes by the names of errors and omissions insurance and professional liability insurance.
When you hired your Florida attorney, you believed that (s)he would take your case seriously and do everything in his or her power to help you win it. But you lost your case. While losing a lawsuit may not rise to the level of attorney malpractice, it can if your attorney was negligent in his or her representation of you.
People or companies in Florida who pursue legal action against another entity after being wronged by that party should be able to trust that the justice system will return a fair decision. However, in order for this to happen, many things need to fall into place. One of these things is that a party's attorney must properly put forth a case and leverage the appropriate facts to direct the final outcome of the matter. When this fails to happen, some may want to review the potential that legal malpractice has occurred.
Floridian residents who seek out an attorney do so because they need strong, reliable, and stable legal support. Unfortunately, that isn't always what you get. We at St. Denis & Davey, P.A., work hard to help people like you, who have become victims of legal malpractice or negligent attorneys.
Floridian residents turn to attorneys at some of the potentially worst moments of their lives, when they need the legal help to weather whatever storm they are going through. Because of this, it can feel like a huge betrayal if your legal aid does not live up to your expectations. If you feel like you lost your case because of poor representation, then continue reading to learn more about what you can do.
People in Florida who find themselves in need of legal advise or expertise may not always know where to start. An online search for a lawyer often returns a myriad of results and it can be difficult to know which person or firm may be the best choice for a particular situation. Just as with selecting a physician, it is important to find a lawyer who is trustworthy and who will act in the best interest of the client at all times.
A great deal of respect and authority is automatically assigned to one identified as a lawyer. You likely assume that such an individual has a vast knowledge of all legal matters pertaining to the particular branch of law that they claim to specialize in. Yet there are legal aspects of certain fields that even a lawyer working in that field may not be familiar with. These may be accepted industry standards or regulatory compliance issues that only one practicing in such field would know. For this reason, you often see attorneys who also hold additional professional licenses. For example, a lawyer practicing real estate law may also obtain a realtor's license, while an attorney specializing in tax law may also become a certified public accountant.
When Florida residents work with attorneys, the expectation is that any communication that occurs between the two sides is protected by attorney-client privilege. Most assume that attorney-client privilege means that an attorney is barred from saying anything that a client tells them. That, however, is not the case. There are indeed exceptions to this rule, as attorneys as tasked with maintaining their professional integrity at all times.
People in Florida may not always understand what types of situations may contribute to or be considered potential acts of malpractice on the part of an attorney. Some examples might be relatively clear such as if a lawyer failed to file documents per a court-order deadline or if an attorney agreed to represent two clients on opposing sides of the same case. There may, however, be other situations that are less obvious.
You and very other potential consumer in Florida likely knows what it is like to be inundated with contact from professional providers attempting to sell their services to you. In fact, such communication may be so frequent that you view it as completely normal. Yet clients have often come to us here at St. Denis & Davey with complaints regarding contact from a unique type of solicitor: attorneys. This may strike you as odd due to the fact that you often see billboards or television commercials advertising the services of local attorneys. Such professionals, however, have a stricter code of conduct when it comes to securing new business.