The term “malpractice” generally creates images of medical mishaps, but other professions could involve malpractice claims. And yes, the legal field is one of them. Clients rely on attorneys to help them in serious legal matters. When an attorney makes an egregious mistake, a legal malpractice case may play out in a Florida courtroom.
The basis for legal malpractice
Questions in the suit would likely involve “standard of care.” A malpractice suit could become unavoidable if an attorney fails to serve a client at established appropriate levels.
Losing a case does not mean the client has a strong argument for a malpractice lawsuit. An attorney could litigate a case skillfully and still lose in court. Perhaps the jury made a terrible mistake in its collective judgment. A judge’s controversial decisions in court may lead to an outcome outside of an attorney’s hands. However, suing a lawyer for malpractice might be possible when the attorney makes a disastrous mistake.
Mistakes also must lead to damages. The plaintiff may find it necessary to prove that the attorney’s error led to harm, such as losing a case that should have been won. The malpractice suit may seek to recover what should have been awarded in the initial civil case.
Exploring options for a malpractice lawsuit
Legal malpractice cases require addressing both the poor standard of care and the damages from the initial legal matter. Suing an attorney that did not properly establish a contract breach would likely require relitigating the initial contract breach.
Again, proving losses from the contract breach becomes necessary. Legal malpractice proceedings may lead to the desired outcome with detailed and credible evidence, combined with an effective legal strategy.