A legal malpractice lawsuit can be pursued if a lawyer provided services below a professional standard of care and the client suffered damages as a result of this negligence. If the lawsuit is successful, individuals may be able to recover all of the damages they would have obtained if the lawyer had not acted negligently during a representation. There are a few types of situations residents of Florida should know that may form the basis of a legal malpractice claim.
Statutes of limitation
A statute of limitation prevents people from pursuing claims in litigation if the claim is filed a certain period of time after the incident in question. Unfortunately, lawyers may not file litigation by the time a statute of limitation expires because of law office miscommunication or because they are not familiar with the statutes of limitations for claims in their state. If you are unable to file a claim because a lawyer filed after the statute of limitation expired, you should speak with an experienced legal malpractice lawyer to protect your rights.
Individuals can often pursue legal malpractice claims when a lawyer provides bad advice and the client suffered damages. For instance, if a lawyer provides tax advice that actually increases a tax burden, the lawyer may be liable for the amount of the additional taxes owed. In addition, if the lawyer gives bad advice about payments under a lease, the lawyer may be liable.
Waiver of arguments
Lawyers may waive legal claims and defenses during litigation, and this can have an impact on a case. For instance, if a lawyer did not make an argument at the trial court level, it may be impossible to make that argument on appeal. An experienced legal malpractice lawyer should know if such a mistake is actionable.
Violating ethics rules
Lawyers are governed by a code of ethics, and lawyers can be liable to their clients in many instances if they violate these rules and the client suffers harm. If you think you were damaged as a result of the negligence of an attorney, it is important to speak with an experienced legal malpractice lawyer to protect your rights.