Posts tagged "Legal Malpractice Law"

Legal malpractice lawsuit against attorney

People in Florida whose attorneys are negligent in their representation may be able to file a lawsuit against them. In New Mexico, an attorney has been accused of negligence, breach of contract and legal malpractice. This is the second order for probation for him in two years from the New Mexico Supreme Court Disciplinary Board. The attorney admitted to failing to represent clients diligently and failing to provide competent representation among other issues.

When conflicts of interest arise

Attorneys in Florida and throughout the country are required to act in a fiduciary role. This means that they are not allowed to have conflicts of interest in any matters that they are involved in. A conflict of interest could arise if the attorney doesn't know who his or her client is. This may occur when a legal representative agrees to take on a client who owns a startup that eventually evolves into a corporate entity.

Malpractice dispute moves to arbitration

Property disputes can lead to costly judgments, and some Florida clients may feel as if they did not get a fair shake or adequate representation from their attorneys. In one case, a real estate law firm is facing a lawsuit from a trucking business after the company was ordered to pay $3.8 million to the owner of a neighboring piece of property. The case is moving to arbitration, a move supported by the firm. The trucking company's owner filed a claim on Oct. 7, accusing the law firm of legal malpractice for failing to win what he claims was a clear-cut case.

Landlord-tenant dispute leads to malpractice allegations

Landlord-tenant cases in Florida and across the country can lead to serious fallout, both for the people involved and for the lawyers who represent them. When people lose access to their homes, they may bear substantial costs and face difficulties finding a new place to live. This can make poor choices by legal counsel even more concerning. In one case, a Texas attorney has denied claims of legal malpractice filed by a former client who lost a landlord-tenant dispute.

Conflicts of interest in sports and entertainment law

In Florida, it is common for athletes and entertainers to seek help from attorneys and agents to represent their interests. While most attorneys place their clients' interests first, some lawyers fail to do so and engage in malpractice. If you have been the victim of legal malpractice by a sports and entertainment attorney, you may have legal rights to recover compensation through a professional malpractice lawsuit.

Conflict issues are the cause of most legal malpractice lawsuits

Legal malpractice lawsuits in Florida and around the country are most commonly filed because of conflict of interest issues, according to a 2018 survey of the nation's leading insurers. Seven of the nine insurance companies polled reported that conflict of interest was either the first or second cause of action in most legal malpractice claims. The insurers surveyed provide coverage to 80% of America's most prominent law firms.

Mistakes during discovery could be legal malpractice

Before civil cases go to trial in Florida, the parties involved go through what is known as the discovery process. During discovery, attorneys seek to gather evidence that could help them to negotiate a favorable settlement or prevail in court. This is done by requesting documents and asking relevant questions during depositions. If your attorney fails to gather enough evidence to support his or her arguments, you are likely to face an uphill battle as your case progresses.

Lawyer accused of conflict in fraud case

A former investment company owner convicted of fraud is accusing his lawyer of providing ineffective representation leading to his conviction and imprisonment. The man was convicted of defrauding investors in Florida and across the country of over $200 million. At the time, he headed a firm called Fair Finance, which prosecutors allege he converted into a form of Ponzi scheme, with new money going to pay existing investors and fund the man's lifestyle. In 2012, he was convicted of 12 counts of wire fraud related to his company.

Television producer alleges legal malpractice in lawsuit

Attorneys in Florida and around the country have fiduciary relationships with their clients. This means that they are ethically bound to act in their best interests at all times. When lawyers breach this duty, they can face professional censure and legal malpractice lawsuits. This is the position an attorney in California found herself in on Oct. 18 when one of her longtime clients filed just such a lawsuit.

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