When a person or a business in Florida feels they have been wronged in some fashion and they determine that legal action is necessary in order to receive proper compensation and justice, there are many things to be aware of. One of these things is what is known in legal terms as the statute of limitations.
One element common to many legal matters in Florida is time. Civil and criminal cases (along with other situations regarding legal representation) can often seem like they are dragging on forever. The longer your case goes without a resolution, the greater your concern may be about the cost of your representation. This may ultimately lead you to question whether the attorneys involved in your case (including those representing you) might be purposely delaying litigation. Is there any regulation preventing them from doing this, or any form of recourse available to you if you suspect that is indeed happening?
Witnesses are often a vital element of legal proceedings in Florida. Given the impact of their testimony, it is understandable why you would want to call as many as possible in order to support your claim. Court officials will often allow you to call as many witnesses as you believe are necessary (within reason) to effectively support your case. Nearly anyone can be called to be a witness (including attorneys). Many that come seeking our assistance here at St. Denis & Davey, PA are often surprised to learn, however, that there are limitations imposed on attorneys regarding their rights to serve as witnesses at trial.
Providing legal representation to just one can itself become very complex. Once can only imagine, then, just how much more difficult it may be to represent the interest of an entire organization. Attorneys often need to be privy to a client's sensitive information. When that information belongs to a professional organization, added safeguards may be put in place to help prevent unauthorized disclosures. Many might claim that any information received by an attorney from a client organization is protected by attorney-client privilege. That, however, is not always the case.
While people who are engaged in legal matters in Florida may hope that the details of their cases will not get out, the very nature of legal coverage might make that impossible. Indeed, in an effort to ensure clarity and transparency, state law allows many legal proceedings to be covered by the media. Such coverage, however, is purposely limited. Per the Florida Rules of Judicial Administration, no more than one still photographer, one television camera and one audio broadcasting system may be present during judicial proceedings.
Legal matters can often move at a glacial place, yet that may be by design. After all, given all that is at stake, Florida residents want to ensure that those representing them have all the time needed to research and prepare for their cases. The consequence to this may be a time commitment that can last months or even years. A lot can happen in such an extended time frame, including seeing one's attorney excuse themselves from a case in order to relocate to another firm. If such a change happens, very detailed instructions are given as to the method of transferring representation.
Like most in Florida, prior to your current situation, you likely could not envision being in a scenario in which you would need to secure the services of an attorney. Yet you probably hear advertisements for local lawyers soliciting your business, telling you to come in for a consultation to see if they can help you. The question is what legal obligation do you have when seeking such a consultation, and conversely, what obligation does the consulting attorney have to you?
People in Florida rely on lawyers to know and correctly interpret the law. Most would never believe that acting on the advice of their attorneys could potentially lead to legal troubles, yet what happens if it does? There is a valid legal defense that some claim in these situations known as "advice of counsel." Essentially, this represents situations where one has disclosed all of the facts to an attorney regarding the legality of their actions, and were subsequently assured by said attorney that no laws were being broken. It would then seem reasonable to assume that with such an assurance, one would have never viewed their activities as being illegal.
If you think that a legal professional may have violated your rights, you should immediately examine your entire situation and see which options you have. Pursuing legal action may be vital and there are a number of things you should realize before filing suit. For starters, it is pivotal to approach your case properly if you are determined to seek justice and secure an end result that is in your favor. Our law office understands that many people across Florida have been subjected to these types of mistreatment, but there have been many successful instances of litigation afterward.
Every day, there are people who find themselves let down by a legal professional that they were counting on. Legal malpractice can be incredibly devastating and it takes on many different forms. For example, legal malpractice may involve the breach of fiduciary duties, or it may involve some other facet of legal services. Moreover, this happens more often than many people realize and the consequences can be devastating. Not only do some of those who experience legal malpractice experience severe financial challenges they may also struggle from an emotional point of view. Worse, some people who are responsible for legal malpractice deny the allegations altogether.