Category Archives: Legal Malpractice
Florida Supreme Court Set to Decide a Legal Malpractice Case With High Stakes
According to a report from the Daily Business Review, the Florida Supreme Court recently heard oral arguments in a key legal malpractice that could alter the relationship that law firms have with certain third parties—most notably, insurance companies. In this article, our experienced Miami legal malpractice attorneys provide an overview of the case headed… Read More »
Can a Lawyer Be Sued for Legal Malpractice for Failing to File a Claim on Time?
Florida law requires attorneys to act with a certain standard of care when handling their clients’ cases. Failure to act as a reasonably competent lawyer – such as failing to file a complaint on time or missing the statute of limitations – can be considered legal malpractice. Clients might be able to sue their… Read More »
Tips for Attorneys to Avoid Fee Disputes and Legal Malpractice Claims
Attorneys collect fees for their work performed. This is a standard part of practicing law. However, when attorney fees exceed their client’s expectations, the lawyer may be accused of legal malpractice, and a fee dispute may follow. Luckily, there are ways to avoid a fee dispute and shield oneself from the negative consequences of… Read More »
How to File a Bar Complaint Against a Florida Lawyer for Unprofessional or Unethical Conduct?
When allegations of unprofessional conduct or legal malpractice against a Florida lawyer arise, the Florida Bar grievance system provides a means to discipline the lawyer. The purpose of the system, which was established by the Supreme Court of Florida, is to enforce uniform standards of lawyers’ professional conduct. Any allegations of legal malpractice and… Read More »
What is the Statute of Limitations in a Florida Legal Malpractice Case?
Under Florida law (Florida Statutes § 95.11 (4)(a)), professional malpractice claims, including legal malpractice claims, are generally governed by a two-year statute of limitations. In other words, clients have two years to file a claim against their attorney/law firm for negligence. Below, our West Palm Beach legal malpractice lawyers explain the most important things… Read More »
Legal Malpractice in Florida: Understanding Duty to Disclose a Mistake
Everybody makes mistakes sometimes—including even the most experienced legal professionals. After an error is made, it is crucial that lawyers are ready to take action to protect the case, their client, and their career. In Florida, lawyers have a basic duty to disclose significant errors to current and former clients. Indeed, under American Bar… Read More »
Four Tips to Avoid a Legal Malpractice Claim
Under the Florida Rules of Professional Conduct (Rule 4-1.1), licensed attorneys have a responsibility to provide competent representation to their clients. If they fail to live up to their obligations, they could face a malpractice claim. Of course, this does not mean that successful results can be guaranteed or should be expected. Nor does… Read More »
Florida Appeals Court Dismissing Legal Malpractice Claim for Lack of Standing
On September 26th, 2018, the Third District Court of Appeal for the State of Florida dismissed a legal malpractice claim that was filed by the mother of a special needs child. In the case of lack of Rochelle Driessen v. University of Miami School of Law Children and Youth Law Clinic, the plaintiff’s claim… Read More »
Florida Court Throws Out Legal Malpractice Arbitration Clause
Recently, the Florida Fourth District Court of Appeal ruled against a law firm in a dispute over a mandatory arbitration clause. This underlying issue in this case was a legal malpractice claim raised by a former client of the law firm. In Lindsay Owens v. Katherine L. Corrigan and KLC Law, P.A., Florida’s Fourth… Read More »
Miami-Dade County Judge Recommends Disbarment for Florida Lawyer
On March 28th, 2018, a Miami-Dade County judge recommended permanent disbarment for a Miami attorney. In the case of The Florida Bar v. Bernardo Roman III, the judge ruled that disbarment was an appropriate sanction given the severity of the alleged misconduct. This case is still being appealed, and it will next move forward… Read More »