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Question: “Does every mistake a lawyer makes qualify as malpractice?”



When a legal professional makes an honest mistake, clients may be tempted to claim “malpractice.” While true malpractice is a serious issue, malpractice does not occur as often as one might believe. A mistake is different from actionable malpractice, so understanding the difference is essential. If you believe your lawyer has wronged you, looking into this difference with the help of Trials and Errors, your Florida legal malpractice attorneys, may be beneficial.

Legal malpractice is a form of negligence or, in other words, a lawyer’s breach of the duty to provide the standard of care when dealing with your legal matter. Certain circumstances may be considered as rising to the level of legal malpractice, such as when your lawyer fails to submit necessary documentation on time, resulting in your case being thrown out or your having to pay more in court fees (depending on the factors of each case).

Other the other hand, not all attorney conduct that ends up disadvantaging your chances of success can be considered legal malpractice. If, for instance, during the natural flow of a case, your attorney believes it is in your best interest to introduce certain evidence at trial and the strategy does not work out in the end, this is not actionable. The attorney did what he or she believed would best benefit you. The lawyer’s action may have been a mistake, but it wasn’t malpractice.

Ultimately, the determination as to whether or not your attorney’s conduct is actionable malpractice rests in large part on whether he or she was acting in what the attorney considered to be your best interest. If you do believe a previous attorney has wronged you, talk to a Florida legal malpractice attorney at Trials and Errors today! We can assist you in determining whether legal malpractice has occurred and help you move in the right direction.