ATTORNEY MALPRACTICE DEFENSE

FLORIDA LEGAL MALPRACTICE LAWYERS FOR NATIONWIDE ALLEGATIONS OF MISREPRESENTATION, MISCONDUCT AND PROFESSIONAL NEGLIGENCE

As individuals involved in a high-stress and potentially high-risk occupation, even the best lawyers and their law firms are often the targets of legal malpractice cases. When a former client makes a malpractice claim or files a legal malpractice lawsuit against you, the next choices you make when addressing and defending yourself are crucial to your future legal success.

As individuals involved in a high-stress and potentially high-risk occupation, even the best lawyers and their law firms are often the targets of legal malpractice cases. When a former client makes a malpractice claim or files a legal malpractice lawsuit against you, the next choices you make when addressing and defending yourself are crucial to your future legal success.

PREPARING FOR LEGAL MALPRACTICE DEFENSE

There are several key points to keep in mind when you receive a notification that a legal malpractice claim has been filed:

  • Do not respond in an emotional manner to the claim: Take the time to view the situation with objectivity as much as possible. It is important to remember that this is not a personal attack, which is advice you would give to your clients if you were their malpractice attorney.
  • Avoid dealing with the legal malpractice claim on your own: Being a defendant in a case is much different from acting as a legal advocate. Taking your legal malpractice case into your own hands can actually cause more damage than actual benefits for your defense. Seek the support of an experienced legal malpractice attorney who will provide the same amount of care for your malpractice case as you would.
  • Organize all of your documentation that may be relevant to the claim: This includes all documented communications, timesheets, and any other information about your relationship with the client. You can also create a chronology of the relationship, which could help bring to light important issues that may assist in your defense against attorney negligence allegations.

DO LAWYERS HAVE A STANDARD OF CONDUCT TO FOLLOW?

Every state in the US is responsible for establishing a code of professional conduct for legal professionals. An excerpt from the Florida Bar says that “As an adviser, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As a negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others.”

HOW LONG DO YOU HAVE TO FILE A LEGAL MALPRACTICE CASE?

Each state is responsible for setting time limits for how long victims of legal malpractice have to file lawsuits against the perpetrators of the malpractice to recover compensation. In Florida, these claims must generally be filed within two years after the alleged malpractice occurred. If a victim fails to file a claim within this two-year window, they will lose the ability to recover the compensation they are entitled to.

If you have any questions about the deadlines related to your particular case, contact the team at Colson Hicks Eidson today. Our legal malpractice attorneys have a thorough understanding of the deadlines for these cases in every state throughout the US. We understand that your case may or may not originate in Florida, but we will be standing by regardless of where you need our assistance.

WHAT NEEDS TO BE PROVEN IN A SUCCESSFUL LEGAL MALPRACTICE CLAIM?

At Colson Hicks Eidson, our attorneys understand that these cases can be difficult to prove. However, our team has the resources necessary to conduct a full investigation into the case in order to prove the necessary elements of a legal malpractice claim. These include:

  • Duty: It must be established that an attorney owed you a duty to act properly. The duty is established when the attorney-client relationship begins.
  • Breach: It needs to be shown that the malpracticing attorney breached their duty of care to their client. This could mean they made a serious mistake, were negligent in their duties, or failed to do what they agreed to.
  • Causation and damages: It needs to be shown that the client suffered some sort of financial loss as a result of the malpracticing attorney’s breach of duty.

WHAT TYPE OF COMPENSATION COULD BE AVAILABLE TO VICTIMS OF LEGAL MALPRACTICE?

If you or somebody you love has been the victim of legal malpractice, there may be various types of compensation available for your claim. This can include, but is not limited to, the following:

  • A loss of profits for an established business
  • Compensatory damages
  • Restitutions for payments of deposits
  • Any fees paid to the malpractice attorney
  • Post-judgment interest award amounts
  • Possible punitive damages in cases of gross negligence or intentional actions

EXPERIENCED LEGAL MALPRACTICE LAWYERS NEAR ME SUPPORTING PROFESSIONALS WHEN THEY NEED IT MOST

Do not ignore a legal malpractice lawsuit filed against you with the belief that it will resolve on its own. It is in your best interest to seek the assistance of a qualified legal malpractice defense attorney who understands the stress malpractice lawsuits can cause.

Our legal malpractice lawyers can provide knowledgeable representation to professionals located throughout the United States and globally who are accused of negligence. Contact a Florida legal malpractice attorney at the law firm of Colson Hicks Eidson today.

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At Colson Hicks Eidson, we are committed to providing our clients with the best possible legal representation in litigation. With our experienced attorneys, in-depth knowledge of the law, and commitment to our clients’ success, we are the go-to firm for complex civil litigation matters. Contact us today to schedule a consultation.
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