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A Mistake During Discovery Could Lead to a Legal Malpractice Claim


Discovery is the formal process during which parties to a lawsuit must exchange certain relevant evidence and information with each other. Make no mistake about it; discovery is the key to a strong legal case. Indeed, the importance of discovery and investigation of a claim cannot be overstated.

Thus, it is not surprising that (alleged) mistakes during discovery lead to many legal malpractice lawsuits. According to data collected and published by the American Bar Association (ABA), errors related to discovery or claim investigation lead to 8.8 percent of all legal malpractice claims. For reference, that makes discovery-related errors the third most common cause of action for legal malpractice claims. Here, our West Palm Beach legal malpractice attorneys discuss the issue of inadequate discovery or investigation.

Florida Legal Malpractice: Inadequate Discovery

Depending on the specific nature of a legal claim, discovery might be the single most important part of the legal process. While discovery has always been a key part of the legal process, it has become even more important in recent years with the rise of electronically stored information (ESI). Unsatisfied clients may bring a discovery-related legal malpractice claim against their lawyer for a wide variety of different reasons. Some of the most common examples of this include:

  • Alleged inadequate discovery or investigation;
  • A lawyer’s alleged failure to review relevant documents or records;
  • A lawyer’s alleged failure to properly identify or prepare relevant witnesses; and
  • Allegedly missing important discovery-related deadlines.

We Can Help You Defend a Discovery-based Legal Malpractice Claim

At Pike & Lustig, LLP, we have the skills and experience required to handle all types of legal malpractice claims, including those related to errors made during discovery. Unfortunately, more and more, some clients are trying to blame their lawyers because their legal case had an unsatisfactory conclusion. Of course, as all lawyers know, no legal professional can guarantee any result. In many cases, the facts simply do not support a claim that the client is making. Under the law, Florida legal malpractice claims are based on the negligence standard. Essentially, this means that a client can hold you liable for legal malpractice only if he or she can prove:

  • You made a mistake;
  • An ordinary lawyer would not have made such a mistake; and
  • That mistake caused your client to suffer compensable losses.

If you are a South Florida lawyer being sued for malpractice, whether because of alleged inadequate discovery, or for any other reason, you know how important it is to get a qualified legal advocate by your side as soon as possible. You need to take action today to protect your finances, your reputation and your legal career.

Get Legal Assistance Today

At Pike & Lustig, LLP, we have extensive experience handling all types of legal malpractice claims. If you are a professional, and you have been sued for alleged malpractice, please get in touch with our team today to set up your free initial consultation. From our offices in West Palm Beach, Wellington and Miami, we represent professional in malpractice claims throughout South Florida, including in Dade County and Broward County.



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