Florida legal malpractice occurs when negligence by an attorney harms a client, according to the Florida Bar. However, just because you’re unhappy with the outcome of a case doesn’t mean you’re a victim of legal malpractice. Several other things must occur before you can make a claim of this sort.
Is your situation a case of legal malpractice?
Some situations are possibly malpractice if they cause you to lose your case, lose money, or suffer physical or mental damage. No case is considered legal malpractice before first reviewing the evidence.
Missed statute of limitations
The statute of limitations is a time limit that determines how long you must file a lawsuit. Missing this deadline can mean your case will get dismissed or barred from court. If you prove you were highly likely to win the case, then this is possibly legal malpractice.
Failure to investigate
Failure to thoroughly investigate your case puts you at a disadvantage. You might lack information that could help your case. This costly mistake is possibly malpractice if you lose the case because the attorney didn’t properly investigate.
Misrepresentation in court
Your attorney is legally required to provide competent and skillful representation. If your attorney makes little effort to win your case, that means you haven’t received the best possible representation in court.
Legal malpractice cases are often complicated. You must prove that the attorney’s negligence resulted in financial loss, emotional distress or some other loss. You also must prove the attorney violated Florida Bar Rules as stated in the Rules of Professional Conduct.