Legal Malpractice Lawyers Miramar
Trusted and Experienced Lawyers Represent Clients Harmed by Legal Malpractice and Negligent Lawyers in Miramar, Florida
Some clients choose their attorney while in a stressful situation that requires swift action. Others engage in careful consideration to select an attorney who will represent their interests over time. Regardless of the situation, your attorney is usually a valuable asset in protecting your rights, advocating on your behalf and applying complex legal principles to the facts of your case. But what happens when your attorney makes an egregious mistake that costs you the case or violates your trust and confidence by participating in unethical behavior?
Legal malpractice cases are complicated and can be difficult to prove, so to be successful in a Miramar legal malpractice case, you will almost always need an experienced and skilled lawyer by your side. Understandably, choosing a lawyer to once again advocate for your interests when another lawyer has violated your confidence can be difficult.
At Lawlor, White & Murphey, we are conscious of this fact and take legal malpractice cases extremely seriously because of it. When one lawyer engages in behavior that constitutes legal malpractice, the entire profession suffers. If you were harmed by another lawyer’s negligent representation, we will put all of our substantial skills and resources to work in establishing the necessary elements to recover the compensation that you deserve and hold the negligent lawyer accountable for his or her violation of your trust.
Examples of Potentially Actionable Legal Malpractice in Miramar, Florida
An attorney may commit legal malpractice in a variety of situations, and establishing that a mistake rose to the level of malpractice can often require a fact-intensive investigation. The following scenarios may give rise to a potentially actionable legal malpractice case:
- Breach of confidentiality. Both the American Bar Association and Florida professional rules of conduct require that lawyers refrain from revealing information about a client unless the client provides informed consent for the lawyer to break confidentiality. Assuming you suffered harm as a result, breach of attorney-client privilege can provide grounds for a legal malpractice case in Miramar.
- Breach of fiduciary duties. Lawyers are subject to fiduciary duties, which essentially means that the lawyer must act in the client’s best interest rather than in the lawyer’s own best interest during the course of representation. For example, if the client could have obtained a $1 million settlement award for the client by presenting all relevant evidence, but instead accepted a much lower settlement award because the defendant was a friend, the lawyer would have failed to act in the client’s best interests.
- General illegal conduct. Theft, fraud, embezzlement or misuse of a client’s property can all give rise to a legal malpractice claim in Miramar.
- Deadline lapses. Legal representation often requires submitting documents by certain deadlines, and Florida law establishes certain time limits (statute of limitations) for filing a case. Failing to meet deadlines can create severe negative consequences, and can even bar the client’s right to recover compensation in court.
Unethical behavior. Failing to disclose conflicts of interests or failure to obtain the client’s informed consent before taking significant action in a case (such as accepting a settlement offer) can create an actionable legal malpractice claim in Miramar.
- Breach of contract. Failure to perform according to the specific terms of a contract between the attorney and client can constitute legal malpractice in Miramar.
- Negligent representation. In some cases, the lawyer may simply fail to adequately prepare for a case or may lack the skills necessary to handle that type of case. Lawyers are required to provide competent representation to their clients, and if the lawyer’s negligence rose to the level of incompetent representation, a legal malpractice case may exist.
Lawlor, White & Murphey Dedicated to Holding Irresponsible Attorneys Accountable for Legal Malpractice in Miramar, Florida
Legal malpractice cases require that we both prove that the legal malpractice occurred by examining the lawyer’s actions or omissions, and show that you suffered harm as a result. This usually requires looking to the underlying case to show how the attorney’s actions impacted the results of that case. The harm element is essential—even if the lawyer missed an important deadline, you cannot establish a claim for legal malpractice if you would have lost the case regardless of the lawyer’s actions.
Because of this, many lawyers refer to legal malpractice cases as two cases in one, where we will both investigate your underlying claim and your legal malpractice claim.
Call Today to Discuss Your Potential Legal Malpractice Case with Our Experienced Miramar Lawyers
If you feel you have been harmed by another lawyer’s negligent representation in a prior case, call us today, or fill out this brief online contact form, to schedule a free initial consultation with one of our experienced Miramar legal malpractice attorneys. Remember, not every bad outcome in a case will constitute legal malpractice, but we will give you our honest and straightforward opinion as to how to best proceed with your case.
Frequently Asked Questions About Legal Malpractice Cases in Miramar, FL
FAQ: Can I bring a legal malpractice case if I believe my lawyer charged too much, even though I won the underlying case?
Claims of overbilling are common in the legal profession and usually will not create a legal malpractice claim so long as your lawyer can establish that the amount charged reflects the work done. However, many different billing arrangements exist in the legal profession. Some lawyers bill by the hour, others by the task and some work on a contingency fee. If the price was contractually agreed upon, the lawyer may have breached that contract. Certain legal requirements also apply when a lawyer works on a contingency fee basis, so we can explore whether the lawyer’s billing constituted unethical behavior significant enough for an actionable malpractice claim in your specific case.
FAQ: What if I don’t know what my lawyer did to lose the case, but it seems obvious that I should have won.?
Call us to discuss what happened. It is not uncommon for clients to fail to realize that their lawyer has committed legal malpractice—after all, you hire the lawyer for his or her skills and may not have any legal training. We can investigate your case and look to the facts to determine whether the lawyer’s actions constituted malpractice.