Does your lawyer carry malpractice insurance? You should ask.
“Legal malpractice” is one of the most frightening phrases to a lawyer’s ears. Malpractice is, in sum, negligence by an attorney or a breaching of the attorney’s duty to the client to perform legal services according to the prevailing standard of care. Malpractice, when committed, doesn’t just mean that the attorney has failed to uphold his or her duty to the client, but it also may land the attorney in front of the Bar disciplinary committee, an advisory board in the State of Florida, to determine if the attorney should retain or lose his or her license to practice law. In order to avoid Bar discipline, an attorney who is deservedly accused of legal malpractice in Florida will often be motivated to settle the case, as opposed to resisting the claim and pushing for a public trial. The latter can harm an attorney’s reputation and lead to potential disbarment, in certain cases. Due to this, many attorneys carry malpractice insurance, even though there is no rule or law that requires them to do so.
It is often assumed that the very fact that an attorney carries legal malpractice insurance is a sign that the lawyer might be unsatisfactory. This is not the case. Many attorneys carry malpractice insurance for protection more than anything else. It is the same reason why doctors carry malpractice insurance. He or she may be a very talented doctor, but a malpractice case is not out of the question, and such a case could cause serious financial problems for both the doctor and the patient were it to happen.
Now, if you believe you have been on the receiving end of an attorney who committed malpractice, it is important for you to seek out appropriate consultation in order to determine whether or not this is the case. Occasionally, a situation may appear to be negligence when in fact it isn’t. The law can prove to be confusing, and malpractice is no different. That is why you need to seek out one of the Florida legal malpractice attorneys at Trials and Errors. Let us sit down with you and help you determine whether or not a legal malpractice case can and should be pursued.