Florida Attorney Malpractice: When Do A Florida Lawyer’s Mistakes Constitute Malpractice?
Potential clients ask MFI-Miami all the time about Florida Attorney Malpractice. Pissed off homeowners usually call and ask for help days before Sheriff’s Deputies are on their way to evict them. By that point, the homeowners only option is to rent a box up their belongings and rent a moving truck.
Homeowners mad and frightened. They want someone to blame for them losing their home. So, their first target is usually their lawyer.
Let’s face facts. The vast majority of Florida attorneys suck. It’s a nightmare trying to find one that isn’t a crook or incompetent. But does incompetence make an attorney guilty of malpractice? Believe it or not, incompetence is a legitimate defense.
An additional problem you will have assuming you can prove malpractice, is finding lawyer who will represent you. Florida lawyers will not sue another Florida lawyer. They take the attitude that is bad karma it to sue another attorney. After all, legal community is like a giant country club.
So, what exactly is legal malpractice?
Florida legal malpractice occurs when negligence by an attorney harms a client, according to the Florida Bar. However, just because you’re unhappy with the outcome of a case doesn’t mean you’re a victim of legal malpractice. Several other things must occur before you can make a claim of this sort.
Are You A Victim Of Florida Attorney Malpractice?
Some situations are possibly malpractice. Namely, if they cause you to lose your case or make you lose money. In addition if it causes you to suffer physical or mental damage. However, just because you lose your case, it doesn’t mean your lawyer committed malpractice.
Missing Statute of Limitation Deadlines
The statute of limitations is a time limit that determines how long you must file a lawsuit. If your attorney misses this deadline, your case will be in serious jeopardy and will probably get tossed. In other words, this is major screw-up by your lawyer. Especially, if you can prove you were highly likely to win the case. A scenario like this is possibly legal malpractice.
Failure to Investigate
Failure to thoroughly investigate your case puts you at a disadvantage. You might lack information that could help your case. This costly mistake is possibly malpractice if you lose the case because the attorney didn’t properly investigate.
Misrepresentation In Court
Florida Bar rules dictate that attorneys are required to provide competent and skillful representation. However, this isn’t always the case. MFI-Miami has clients who have hired attorneys who have made little effort their case. The State Bar of Florida would probably that you have not received the best possible representation in court.
Legal malpractice cases are often complicated. You must prove that the attorney’s negligence resulted in financial loss, emotional distress or some other loss. You also must prove the attorney violated Florida Bar Rules as stated in the Rules of Professional Conduct.
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