Orlando Legal Malpractice Attorney
Attorneys and law firms are expected to adhere to high ethical standards and to work to protect the interests of the clients that hire them. Unfortunately, this is trust that is often misplaced. Some lawyers are more worried about getting clients that serve them effectively and don’t do much to protect their client’s interests. That’s why you might need the services of an Orlando legal malpractice attorney.
There are three basic elements that can be considered legal malpractice or what is also known as a breach of fiduciary duty.
Legal malpractice occurs when a lawyer inappropriately handles a case due to negligence, or with an intent to harm that causes harm to a client, whether a civil trial or criminal trial. The first element in order to prove legal malpractice, is a need to show that there was an attorney-client relationship and a breach of duty occurred in providing skillful and competent representation that caused harm and financial loss.
In order to prove this element a person has to show that an attorney promised to give legal assistance or advice, this creates the attorney-client relationship which is usually confirmed by a written agreement or contract, however it can implied by the actions of the attorney; and in some states if the person has a reasonable belief of the relationship through the actions of the attorney.
The second element mirrors that of the standards used for medical negligence. That is that an attorney must use care, skill and the diligence commonly used by other lawyers in the same or similar circumstances. A lawyer can never guarantee an outcome, so the lack of a decision to choose what might be considered the best strategic course of action won’t always result in a breach of duty. An attorney may select a strategy he or she has the confidence to believe is a reasonable course of action at the time the decision is made. However, if it is believed that another attorney with the same competence and skill to provide the same legal service would have not made the same decision breach of duty thus negligence may have occurred.
In proving the third element, it must be shown that if the attorney had not been negligent, committed a breach of duty, or otherwise acted wrongfully the case would have been successful. In other words, if the case failed or the plaintiff was ruled against, or found guilty, a person would have to prove that the lack of the proper legal representation resulted in the outcome, and had it not, the case would have been successful. This can be very hard to prove in order to show legal negligence. For example, if a person felt they had information that could affect the outcome of their case, but their lawyer was not communicating, it would have to be shown that the information was indeed strong enough to affect the outcome of the case.
If you have suffered financial harm by a lawyer’s intentional wrongdoing or negligence, then our team of experienced Orlando malpractice lawyers can effectively serve you. We want to help undo the work of lawyers who cannot be trusted. Our Orlando legal malpractice attorney has the confidence and experience you need.
Prior to filing a lawsuit, you need to make sure you have a case. While we can review the facts of your case, there are also a few guidelines you can use to see if you have grounds to sue.
When Does Legal Negligence Occur?
There are a number of attorney mistakes that can cause you to have to file a legal malpractice claim. These include:
- Lawyers who miss the statute of limitations, which leaves an injured person with no recourse to address the wrongs they have suffered.
- Attorneys fail to attend court hearings or respond to motions.
- Attorneys who fail to file a motion, brief or other court required form
- Fail to meet a deadline
- Miss filing a lawsuit within the statute of limitations
- Fail to check for conflicts of interest
- Fail to apply the law correctly
- Misuse or abuse funds from a client’s trust fund
- Lack of communication
Lawyers have a fiduciary duty to protect clients. If they place their own interests ahead of those of their clients, then they have breached this duty and can be held accountable.
Lawyers may act negligently while performing their duties, make serious mistakes during a trial, or not properly investigate the legal matters of their clients.
Attorneys may collect fees but fail to perform the expected work or use the funds from clients inappropriately before the fees are earned.
The American Bar Association keep up to date stats on all the common legal malpractice claims by alleged error along with definitions of the types of legal errors . Those can be found here.
The Badgley Law Group has Florida legal malpractice lawyers that handle legal malpractice claims that arise from all types of cases. If you believe you have been a victim of this type of wrongdoing or suffered negligence because of your attorney, then contact us today. Our team of Orlando legal malpractice attorneys can help you acquire the compensation you deserve.
Do You Have Grounds for a Legal Malpractice Case?
As mentioned, in legal malpractice situations, a necessary factor that must be present is an established attorney-client relationship. This means the plaintiff has to have actually retained the services of the lawyer (which creates the attorney-client relationship) to have grounds to sue for legal malpractice. While there are a few exceptions, they are very limited.
In the majority of situations, the relationship between the plaintiff and the attorney requires that the lawyer owes a service to the plaintiff. To effectively prove that malpractice took place, the plaintiff has to provide evidence showing the lawyer was hired, or provide proof that the lawyer appeared to work for the client or on the case in some way.
CONTACT OUR ORLANDO LEGAL MALPRACTICE ATTORNEY TODAY!
If you have suffered losses due to the negligence of an attorney then you may have grounds to file a lawsuit, whether in the State of Florida or elsewhere. Contact our legal team today to see what your options are to pursue monetary compensation. Our Orlando Legal Malpractice Attorney team will review the facts of your case and help ensure you get the desired outcome. We understand legal malpractice in the state of Florida and can help you get the solution you desire.