Legal Malpractice Law Archives

Legal malpractice suit follows failed wrongful death case

When people in Florida lose a loved one due to someone else's negligence, a wrongful death claim may help them to pursue some measure of justice and accountability through compensation for the harms done. However, if an attorney fails to live up to their professional obligations in the case, the results can be further devastating. In one case, a legal malpractice lawsuit against an attorney has been reinstated in the aftermath of a failed wrongful death lawsuit. The daughter of an elderly man, acting as administrator of his estate, brought a wrongful death claim against a nursing home, saying that his bedsores acquired through medical negligence were the cause of his death.

How to properly safeguard property

As a general rule, attorneys in Florida should keep their assets separate from assets owned by a client or other third party. This is generally true whether the asset is a tangible item or money held in a bank or any other type of account. It is also imperative for an attorney to keep thorough records of any transactions that occur involving a client's money. Those records should be kept on file for at least five years after an attorney-client relationship ends.

Avoiding negligence when talking to the media

Attorneys in Florida and throughout the country are limited in what they can say to the media. For instance, they are not allowed to make any statements that are likely to be seen by a wide audience and that could be deemed to be prejudicial. However, they are allowed to reveal information that is already in the public record or state that an investigation into the matter is ongoing.

Woman sues lawyer over botched medical malpractice lawsuit

Statutes of limitations in Florida and around the country place strict limits on the amount of time parties have to initiate legal actions, and attorneys may be sued for malpractice if they fail to file paperwork on behalf of their clients within the period allowed. In cases involving doctor or hospital errors, the time usually begins when the patient learns about, or reasonably should have learned about, the mistake.

Malpractice case emerges from easement dispute

Some Florida residents might think that a lawyer and a potential client have to explicitly agree to establish representation for their relationship to be legally enforceable. However, a ruling by a California appellate court supports the idea that an implied-in-fact attorney-client relationship may be sufficient to hold a lawyer responsible for malpractice. In the case in question, a man hired a lawyer to prepare an easement for property. The easement then became an issue in litigation involving a development company's project, which was later cancelled as a result.

Law firms have a responsibility for data security

Like other industries, many law firms in Florida have digitized their records. Digital records are faster, easier and often more comprehensive. However, when firms do not take good care of their data security, clients could be at risk of the exposure of highly personal information in case of a hack or a breach. Lawyers have significant ethical obligations to protect the confidentiality of their clients, and data breaches could pose a serious risk to clients' well-being. Not only may clients' embarrassing or personal information be revealed, but sensitive business documents about mergers, finances and other records could have a long-lasting financial impact on affected clients in case of a breach.

Dance teacher accuses former lawyer of malpractice

People in Florida often turn to a lawyer when they need help with matters that they cannot handle on their own. They rely on their attorneys for confidential advice and wise counsel in difficult situations. Unfortunately, however, some people do not get the assistance that they expect. One Irish dance teacher is suing a law firm and an individual lawyer that he hired to represent him to seek a U.S. visa. He claims that they failed to follow through with his visa application and then spread false rumors that he was a pedophile who abused his students.

Law firm sued for $150 million over misfiled headphones patent

Florida residents who enjoy listening to music on headphones may be interested in a recent lawsuit that was filed against a law firm over a technology patent for a listening device. A consumer electronics company, Muzik Inc., has filed a lawsuit in New York against the law firm Perkins Coie for an alleged patent cover-up.

Attorneys should be careful when communicating by text

It isn't uncommon for Florida attorneys to communicate with their clients by text message. However, it is important to ensure that there are protocols in place when doing so. This may help to protect the attorney-client privilege as well as ensure that a client is properly billed for the attorney's time.

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