Legal Malpractice Lawyers

An attorney commits legal malpractice by failing to exercise due care or by failing to meet the required professional standards. Attorneys are obligated to be competent, prompt, diligent, and truthful when representing a client.

However, it is important to note that a mere disagreement between an attorney and a client does not typically give rise to a legal malpractice claim. To have a valid claim for legal malpractice, the attorney must have acted negligently or otherwise violated the standard of care owed to clients under Florida law.

Our Florida legal malpractice attorneys can help determine if you have a valid claim and explain the options available to you. Many instances of attorney negligence are covered by professional liability insurance policies, and our attorneys are experienced in negotiating with insurance carriers. If these efforts do not result in a satisfactory resolution, our attorneys are prepared to prosecute legal malpractice lawsuits against the negligent lawyer or lawyers, all the way through trial if necessary.

Attorney negligence and legal malpractice can occur in either litigation or transactional contexts and across all areas of the law, including personal injury, real estate, bankruptcy, corporate, tax, probate and estate, and contract drafting. Common examples of attorney malpractice include:

Missed Statute of Limitations & Deadlines
All lawsuits must be filed within a certain period, or they are forever barred. If a lawyer fails to meet the statute of limitations in your case, this may be grounds for a legal malpractice claim. This failure could result from an attorney's inability to identify and sue the correct defendant, properly investigate a claim, identify the correct deadline, or calculate the statute of limitations date. Failure to respond to motions, court orders, or meet other court deadlines can also lead to a legal malpractice claim.

Improper Settlements
Attorneys have an obligation to inform their clients of all settlement opportunities and act in their clients' best interests. If an attorney fails to notify a client of a settlement offer or provides inappropriate advice, it may be grounds for a legal malpractice claim. Common situations include unauthorized settlements, failing to inform clients of offers, or settling too early to cover up attorney errors.

Client Conflicts of Interest
Attorneys have an ethical duty to prioritize their clients' interests above all others. Professional rules prohibit attorneys from opposing a former client in a related case or using information from a previous representation against them. Attorneys also cannot represent parties with conflicting interests or enter into business relationships that compromise their representation. When a conflict of interest harms a client, a legal malpractice claim may exist.

Improper Advice
Not every instance of incorrect legal advice constitutes malpractice. However, when an attorney provides advice outside their area of expertise or when they know they are not qualified to give advice, and it results in harm, a legal malpractice claim may arise. Examples include non-bankruptcy attorneys advising clients on bankruptcy matters or attorneys advising actions that violate a contract.

Document and Drafting Errors
Attorney malpractice frequently involves mistakes in the drafting or filing of documents. Attorneys should know which documents or forms are required and be able to draft them competently. Examples of document-related errors include mistakes in business agreements, contracts, failure to execute documents, and errors in settlement agreements.

In addition to the examples above, our Florida legal malpractice lawyers also represent clients harmed due to their attorneys:

• Failing to follow court orders
• Breaching fiduciary duties
• Failing to communicate or obtain client consent
• Misusing or stealing from a client’s trust account
• Ignoring a client's instructions in drafting documents
• Incorrectly assessing tax consequences of settlements or transactions

Florida's statute of limitations for filing a professional malpractice lawsuit (excluding medical malpractice) is two years from the time the client suffers harm or loss. Due to this two-year statute of limitations, it is crucial to contact our legal malpractice and professional liability attorneys as soon as possible to discuss your legal rights. Failure to do so may result in being time-barred from recovering compensation for the harm you have suffered due to professional malpractice.

Morgan & Morgan handles legal malpractice cases throughout Florida, including in Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee.

Because our Florida professional liability attorneys work on a contingency-fee basis, you will not have to pay any up-front legal fees. For more information about how Morgan & Morgan’s attorney malpractice and professional liability attorneys can help you, contact us online or call us at 877-602-0907.