Legal Malpractice Law Archives

Reviewing regulations for lawyer/non-lawyer partnerships

A major element of legal services is the avoidance of any appearance of a conflict of interest. When you hire an attorney in Florida, they must provide you with the best representation that is free of any influence from obligations to or affiliations with other clients and/or organizations. One aspect of their work where such connections may come into play is in client procurement. While having a trusted company or professional partner steer you towards an attorney with whom they share a business relationship may seem appealing, the last thing that you want is to rely on a lawyer who answers to a non-legal professional. Many of the clients that we here at St. Denis & Davey PA have worked with in the past can attest to this fact.

Defining an attorney’s duties when managing assets

There may be times when, in the course of working with an attorney in Florida, that you be required to entrust said attorney with assets and property related to your representation. You likely maintain a high level of trust with your attorney (as have many of the clients that we here at St. Denis & Davey have worked in the past). Yet as is the case in any type of financial transaction, there are certain standards that must be adhered to when asking an attorney to manage your money (as poor management on their part could potentially prejudice your position in your case). 

What are some signs of a bad attorney?

When you need legal assistance, you want to rest assured that your attorney is skilled at practicing law. While most attorneys go above and beyond for their clients, the fact remains that some lawyers offer subpar assistance, which can lead to negative outcomes for their cases. If you're currently searching for an attorney, USA Today recommends looking for the following red flags. 

How should attorneys conduct themselves during trials?

When people speak of courtroom etiquette, they're often referring to the behavior of plaintiffs and defendants. However, attorneys must also adhere to a strict code of conduct, no matter how high tensions rise during a trial. South Source offers the following tips on how attorneys can make a good impression in court, on their clients, the judge, and even the jurors. 

Law firm accused of failing to meet timely filing deadlines

Lawsuits against lawyers and legal firms may seem to many in Florida to be a bit of an oddity given that most might assume such professionals to have such a strong understanding of the laws governing their respective fields that they would always operate inside of them. Yet such lawsuits are often not regarding a question of law, but rather that of the professional and ethical duty owed to clients. Often its small failures in meeting that duty that lead to complaints, as those failures (while seemingly insignificant to some) can have actually have a dramatic impact on one’s case. 

What are statutes of limitations?

Timeliness is a must when it comes to lawsuits. If you don't take swift action, your suit may not fall within the statute of limitation for a particular issue. Investopedia explains the statute of limitations and why it's so important that both you and your legal team react quickly when legal problems arise. 

How do attorneys slip up when sending emails?

Finding competent legal assistance is a must when you're faced with a pressing issue. Along with knowledge of the law, attorneys should also have a good grasp of electronic communication, including email, when conversing with clients. Unfortunately, some attorneys make a range of mistakes when using email, and some of these mistakes can jeopardize their clients' success when it comes to litigation. The Balance explains some of the more common email mistakes lawyers make and how they can be avoided, which benefits all involved parties. 

Knowing when a continuance is warranted

The common school of thought amongst many in Florida is that working with an attorney on any legal matter is going to cost you a lot of money. Yet the cost of legal assistance is typically more dependent on the time it takes to resolve your case rather than the fees your attorney charges. People often come to us here at St. Denis & Davey PA wondering why their cases are languishing (and if such delays are normal). If you are involved in a lengthy legal matter, it may be easy to assume that your attorney is simply trying to drag the process out to collect more money. 

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. 

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