Legal Malpractice Lawyers Plantation, FL
Dedicated Trial Lawyers Help Clients Recover Fair Compensation for Legal Malpractice in Plantation, Florida
When your lawyer has committed legal malpractice that has caused you to suffer harm, you need a lawyer with a specific set of skills to help you pursue action against that lawyer. Generally, if your original case was a personal injury lawsuit, you should retain a legal malpractice lawyer who also has significant experience successfully handling personal injury cases. This is because legal malpractice claims in Florida are based upon the premise that a reasonable lawyer with the necessary skills would have acted differently in pursuing the underlying claim when presented with a similar set of circumstances. Logically, this means that if you choose a lawyer who has specialized only in legal malpractice, that lawyer will not have much knowledge relating to the underlying case in which the malpractice occurred.
At Lawlor, White & Murphey, this is how we are different from other legal malpractice lawyers in Florida—in that our lawyers have cultivated both skill sets. We have decades of experience successfully representing clients in personal injury and legal malpractice cases in Plantation and throughout South Florida and have recovered over $100 million in compensation for our clients. We take legal malpractice cases especially seriously because of the harm that a negligent lawyer causes to our profession as a whole, and will work tirelessly to make sure you are fairly compensated for that negligent representation.
Establishing A Legal Malpractice Case in Florida
A simple error in professional judgment will usually not result in an actionable claim for compensation in a legal malpractice case. The primary elements necessary to establish legal malpractice are:
- An attorney-client relationship existed, which establishes the lawyer’s duty to the client,
- The attorney committed some type of actionable error that amounted to malpractice, therefore breaching the existing duty,
- That breach harmed the client, thereby causing damages.
Examples of actionable errors that amount to legal malpractice under Florida law can vary widely, but often include:
- Missing court deadlines,
- Missing a statute of limitations,
- Failure to obtain client consent before embarking on a course of action,
- Representing a client despite underlying conflicts of interest,
- Breaching a contract,
- Charging unreasonable or illegal fees (remembering that Florida law limits the fees an attorney can charge in some situations).
Experienced Legal Malpractice Lawyers Fight to Prove Lawyer Negligence Amounted to Malpractice
A critical element in any legal malpractice case in showing that the lawyer’s actions were more than just poor strategy. Just because the lawyer’s actions were wrong in hindsight does not mean that the lawyer committed malpractice—the relevant time frame involves looking to what a reasonable lawyer would have done under the circumstances as they were currently knowable. Because of this, legal malpractice cases can be complicated to prove and involve detailed and nuanced analysis—meaning that you don’t just need a malpractice lawyer, you need a skilled and experienced lawyer who has a proven track record of success. Available compensation may include:
- Compensation that you would have received in the underlying case if not for your original attorney’s malpractice,
- Return of attorneys’ fees and costs,
- Restitution of any amounts that the attorney wrongly took from you,
- And more.
Time is often critical in legal malpractice cases, so contact an experienced attorney as soon as possible so help ensure the best possible outcome in your case. Both evidence relevant to the underlying case and evidence of the attorney’s own conduct will be necessary to successfully establish a claim for legal malpractice—and remember that most lawyers understand this, and may take steps to conceal or destroy necessary evidence.
Contact Us Today to Schedule a Free Initial Consultation
While some cases involving legal malpractice involve overt fraud, theft or some easily identifiable action by the lawyer in question, most cases require a much more nuanced investigation and analysis in order to establish a claim for actionable legal malpractice in Plantation. If you believe a lawyer’s actions caused you to suffer harm, call our offices today, or fill out this brief online contact form, and we will schedule a free initial consultation to help evaluate your case and provide options for moving forward. Learn more about our Personal Injury lawyers in Plantation, FL.
Frequently Asked Questions About Legal Malpractice Claims in Plantation, FL
No. Disciplinary committees are there to make sure Florida lawyers adhere to the ethical and professional standards mandated in the field. While a disciplinary committee or bar association may choose to take action in suspending the license of a lawyer, or even disbarring a lawyer who has committed legal malpractice, that only punishes the lawyer. It has no bearing on whether the lawyer actually committed actionable malpractice in your case, and does not provide you with compensation for the legal malpractice that caused you harm. Contact our offices today so that our experienced lawyers can explain how to proceed with a case for legal malpractice in Plantation or elsewhere in South Florida.
Although charging an unreasonable or illegal fee may constitute malpractice, in most cases alleging overbilling, the lawyer has not actually committed legal malpractice. Some lawyers bill by the hour, which can quickly cause expenses to add up. However, lawyers are entitled to exercise discretion in how much time to spend on a client’s issue, assuming no prior contractual agreement would limit their billing. In some cases, what a client perceives as overbilling may actually just be the lawyer exercising caution in exploring all options related to the client’s issue. Whether overbilling can constitute legal malpractice will require an analysis of all of the relevant facts of the case, including determining what a reasonably skilled lawyer would have done under similar circumstances.