Legal malpractice doesn’t occur only in the courtroom
Legal malpractice cases arise when attorneys fail to fulfill their obligations to a client resulting in harm to the client. The duties may include giving legal advice and seeing to the drawing up and filing of legal documents such as contracts, patent applications, execution of estates, insurance claims, or other documents pertaining to a lawsuit. Legal malpractice may take the form of an attorney failing to complete one or more of these duties, filing paperwork incorrectly, missing a statute of limitations deadline, or acting without the knowledge or consent of a client.
A legal malpractice case can also take the form of an attorney taking up a case he or she is unable to handle, failing to carry out adequate investigations that would provide required evidence, billing fraud, errors and omissions, obstruction of justice, and breach of fiduciary duty.
These mistakes and omissions can occur both in and out of the courtroom. They can happen in cases that go to trial and also in discussions or negotiations between a lawyer and their client in cases that never see the inside of a courtroom. When this happens, a client should consult another attorney to see if a legal malpractice lawsuit may be filed against the original attorney. It is important to realize that, like all other lawsuits, statutes of limitations apply, so it important that a legal malpractice claim is filed sooner rather than later.
What proof do I need?
A plaintiff needs the following to prove a case of legal malpractice:
-That there was an attorney-client relationship, whether or not the attorney was paid for his or her services,
-That the attorney was negligent in carrying out one or more of their duties as discussed above; and
-That the negligence caused the client injury in one or more ways. To prove the latter, it is often necessary to show that the plaintiff would have prevailed in the underlying lawsuit had the attorney not been negligent.
Failed by an attorney in Florida?
If you wish to file a Florida legal malpractice claim, look no further than Trials and Errors Firm. We are located in Tampa, Florida and we handle cases from Key West to Pensacola – and beyond. As Tampa legal malpractice attorneys, we have experience in proving the negligence of attorneys, and we would work hard to help you win your legal malpractice case. Give our dedicated and experienced Florida legal malpractice lawyers the chance to right the wrongs you have suffered at the hands of another attorney.