Miami Legal Malpractice Attorney
When a client loses their case, unfortunately they may take it out on their attorney by claiming breach of contract, negligence, or breach of fiduciary duty. Most malpractice claims are meritless, but they should always be taken very seriously even if you know that you did nothing incorrect. If you are facing legal malpractice, your career as an attorney is in jeopardy and you need to contact an experienced Miami legal malpractice attorney at once with the law offices of Pike & Lustig, LLP. This is not a matter that you should take on alone.
Common Reasons that Attorneys Get Sued
In order for a former client to successfully sue their past attorney and win that lawsuit, they must be able to show that:
- Their attorney breached their duty by making a careless mistake, not knowing the law, or breaching their fiduciary duty; and
- The error made caused financial harm.
The number of claims against attorneys has been rising in recent years, according to The Hartford, and some of the most common reasons that attorneys face lawsuits from their clients include the following:
- Negligence – Attorneys who are unprepared to take on a case put themselves at risk of not only losing that case, but a potential lawsuit down the road from their client if that client can prove that they failed to know or failed to properly apply the law, made a planning or strategy mistake, or carried out an inadequate investigation or discovery of facts.
- Breach of Confidentiality – According to the American Bar Association, “a attorney shall not reveal information relating to the representation of a client unless the client gives informed consent.” By discussing the client’s case with others, an attorney can seriously jeopardize their career and face disbarment.
- Breach of Fiduciary Duty – An attorney’s fiduciary duty is to do what is in their client’s best interest. For a rudimentary example, if an attorney was able to settle for $100,000 in a personal injury case, but somehow negotiated for less than that, they would be in breach of fiduciary duty.
- Professional Misconduct – Any unethical or illegal activity may be considered professional misconduct by an attorney. This includes overbilling, doing things that are a conflict of interest to their client, failing to disclose information, making false statements, refusing to represent someone due to a protected trait, and much more.
- Missing a Deadline or Failing to File – Failure to file on time and failure to file even when their is no deadline are both serious mistakes. Whether an attorney did not know of a deadline or failed to meet a deadline by procrastination, they could be held financially responsible for their client’s losses.
- Making an Administrative Error – Administrative errors are much more common than professional misconduct or breach of duty. Being bad at paperwork can land even an experienced attorney in hot water.
Call a Miami Legal Malpractice Attorney Today
The Miami legal malpractice attorneys of Pike & Lustig, LLP have the experience and knowledge to defend your reputation and career from disgruntled clients or others who wish to do harm to your firm. Contact us today for assistance at 561-855-7585.