What Is Legal Malpractice?
Legal malpractice refers to a breach of duty by a lawyer, which results in damage to the person who unwantedly suffered from that lawyer’s negligence. Legal malpractice is usually a result of attorney’s breach of one of two duties that lawyers owe to their clients: the duty of competence, and the duty of communication. The duty of competence requires the lawyer to use the skill, knowledge, and diligence that other lawyers in the profession would use under the same or similar circumstances. The duty of communication compels the lawyer to consult with the client on all important matters and keep the client up to date as to the status of their legal matter .
Legal malpractice can manifest itself in many ways, including:
Malpractice litigation can be extremely difficult against licensed attorneys. This is due to the fact that the plaintiff must not only prove that the defendant attorney made some type of error, but that the error the attorney made led the plaintiff to either lose money or suffer severe harm. Essentially, the plaintiff needs to prove two important elements; the breach of the duty the attorney owed to their client, and the fact that this breach of duty caused negative consequences for the plaintiff.
Top Traits in a Legal Malpractice Lawyer
Legal malpractice has a unique set of defense requirements. However, not every attorney handles all types of legal malpractice claims. So choosing the right attorney for a legal malpractice case isn’t necessarily easy. If you or someone else need to sue your prior attorney for legal malpractice, then the following qualities of a legal malpractice attorney can help with your decision of who to hire.
Education
The best legal malpractice attorneys will have all of the requisite educational training to represent you in court. And that means not only a law degree, but also some form of further education. A legal malpractice attorney may have graduated with honors in law school, but that doesn’t mean he or she is the most qualified person for the job. Anyone can graduate with honors in law school. But an attorney who has specialized education in a related field will be able to bring much more to the table than a lawyer who has only a law degree. The attorney you choose should have an education and background that will enhance his or her specialty. For example, an attorney who has a professional engineering certificate will be better qualified to handle an engineering malpractice case than an attorney who does not have any background in the area where the attorney’s client was injured.
Experience
Experience is always important in matters of legal representation. But when it comes to choosing a legal malpractice attorney, you need to find a lawyer who has experience specifically in legal malpractice. This nuanced area of law requires an attorney who understands how legal malpractice suits differ from other types of personal injury cases. You don’t just want to hire a personal injury attorney or a corporate attorney, and hope that they can figure out legal malpractice law. In addition to that specific type of legal expertise, the best legal malpractice attorneys also have a winning track record. Don’t just trust that all attorneys are created equal; find out if your attorney has won previous cases in the past specifically concerning legal malpractice. The attorney you choose should have solid references and testimonials from previous clients. Client referrals and reviews are key in determining whether your attorney is good enough to fight for you. One way to find out if your attorney is qualified is by checking their Better Business Bureau (BBB) rating. An A rating shows that the attorney has earned a solid reputation, while an F rating indicates that the client was not satisfied with his or her representation and that the attorney has engaged in improper or illegal activity. The best legal malpractice attorneys in Tampa will have at least a B rating in the BBB. If not, it is best to move on to another candidate on the list when looking for legal representation.
When to Seek the Services of a Legal Malpractice Lawyer
There are a number of different situations in which you should consider hiring a legal malpractice attorney. If you notice your attorney has missed a deadline that you feel he or she shouldn’t have missed, you should at least check in with an attorney experienced in legal malpractice to see if this mistake is one that could be actionable or not. If you are unhappy with the current state of your case and have made repeated attempts to talk to your attorney in order to find out what’s going on, but have been met with indifference, delays, avoidance, or other signs that you are not being paid the attention and priority that you feel you deserve and that you are due, seek the advice of a legal malpractice attorney. If you are telling your attorney certain things that you believe should be done or that you have not authorized and the attorney appears to be ignoring you, wantonly disregarding your expressed wishes, or failing to take the actions that you have specifically asked them to take, it may sign that your attorney is not acting in your best interests and you should consult with a legal malpractice attorney.
There are many signs that your attorney may not be acting on your behalf and may have crossed a line from unprofessional behavior into legal malpractice. In some cases, this may not be the situation. However, there are a number of different situations where you will want to consult with a legal malpractice attorney regarding your legal malpractice case:
Steps for Filing a Legal Malpractice Case
Sometimes clients who have suffered harm from legal malpractice have good cases that are declined either by the bar or a private attorney. Should this be the case, you can still bring your suit via an amended complaint in Tampa. The question is whether the new attorney who you have hired to bring the suit will continue the case. It is therefore important to obtain a thorough study of the legal malpractice case from the prior attorney.
The procedural steps in the legal malpractice claim: The first step is arranging for a consultation with an attorney experienced in handling legal malpractice claims. In some instances you will be referred by a friend or an acquaintance. In other cases, you may see an advertising or presentation by an attorney at your law school. Most firms will not charge an initial consultation fee. Before you agree to meet, you should explain the nature of your claim and ask whether they are qualified to handle legal malpractice issues. You should provide whatever records you have.
In addition to asking about the attorney’s experience handling legal malpractice claims, you should ask whether they will represent you on a contingent fee basis. In a contingent fee arrangement, the attorney will absorb all up front costs of bringing the claim, with their fee being based off of the settlement amount.
If you have no prior relationship with the attorney you are meeting for the first time, it is customary to bring any necessary documents to the consultation. These documents should include all correspondence with the prior attorney regarding the case. If the attorney was representing you in an ongoing lawsuit, include all pleadings that you can find. To the extent possible, make three copies of everything. When it comes to evidence showing fraud, you should remember that less may be more; if the attorney misrepresented something to you, you may need less evidence than you think to support this.
Submit the documents to the attorney under a cover letter that briefly explains your claim. If you are meeting in the attorney’s office, be sure to allow ample time for review of your materials. If you are meeting at the attorney’s office and they schedule your first session too close to the interview time, you can ask for time to review the documents beforehand.
After intake, the law firm should perform a conflict check. The purpose of this check is to make certain that the firm is not representing both parties to the dispute. A conflict check is performed by running the names of each involved party through the Florida Bar and the attorney registration system.
The terms of litigation, including payment fee arrangements, are then finalized. If a case is accepted, a retainer agreement is signed establishing the payment agreement. In this step, you may be asked to sign a release of litigation information so the attorney can begin work on your case.
Next, the attorney will investigate the case in order to determine a course of action. The attorney will contact the prior lawyer to discuss your case and your concerns about any improper actions that they took that caused you harm. The attorney may decide to pursue a claim on behalf of the state bar if misconduct is discovered. The attorney will file a report with the state bar, if necessary.
The attorney may also consider pursuing a complaint with any applicable state boards in which the attorney was involved. Various occupations are regulated by the state. When an attorney or other professional has involved in an official capacity, there may be an ethics board or governing board to which the matter may be forwarded.
Florida Legal Malpractice Laws
Florida has several laws that are important in the context of a legal malpractice case: Florida Statute Section 95.11(4)(a) states, in pertinent part: "Actions sounding in tort shall be commenced within four years… This limitation applies, without regard to the nature of the gravamen of the cause of action…." A legal malpractice case is a tort action and thus, Plaintiff has four years to file a claim for legal malpractice. Florida Statute Section 95.11(4)(b) states as follows: "Actions to recover damages for: (*1) any injury whatsoever to the rights of the plaintiff and others, caused by reason of violations of the Florida Securities and Investor Protection Act… shall be commenced within five years…." Plaintiff in a legal malpractice case must file the claim within 5 years of the date the legal malpractice cause of action begins to run. Florida Statute Section 768 . 21 states as follows: "Any award of punitive damages may not exceed the greater of three times the amount of compensatory damages awarded to each claimant…." Florida Statute Section 733.609 states: "Unless barred by the applicable statute of limitations, a cause of action under this section as to property held in trust for an express purpose shall accrue at the time the trust becomes irrevocable." The statute of limitations in a legal malpractice case is 5 years. These statutes are not exhaustive and there may be other laws that apply in a legal malpractice case. The above-mentioned statutes are simply the most relevant from a timing perspective. If any of the above-mentioned statutes has not been satisfied, the action will be dismissed or if it was out of time, the Plaintiff would not be able to recover. If there are exceptions that should toll the statute of limitations, then an attorney should be consulted.
Advantages of Retaining a Local Tampa Lawyer
Choosing a local attorney has its benefits. For one, they will have a better understanding of the local community and the people living around there. They will be able to address your concerns and questions much better if they know the area that you are discussing about, especially if you both grew up in the same nearby town. Local attorneys know the surrounding neighborhoods better than anyone. Additionally, a local attorney will have much more expertise in the regional and city ordinances. They understand and know how the legal system operates in your community since they’ve been working in this field for a long time.
Having a local attorney is very important because they are much more accessible. One of the reasons that legal malpractice clients hire a local Tampa attorney is that they are comfortable having someone nearby guiding them on where to go for representation. Being a short drive away is helpful when it comes to a quick and easy meeting to discuss case details. Having a local attorney always willing to meet or call you further makes legal representation much more strong.
How to Choose Your Legal Malpractice Lawyer
Given the high stakes involved in legal malpractice cases, choosing the right attorney is imperative. Yet, with so many lawyers in the Tampa area, how does one go about evaluating potential candidates? To start, any competent legal malpractice attorney should be a member of the Florida Bar and the Hillsborough County Bar Association. The attorney should also have significant experience in legal malpractice cases and related litigation. You will want to make sure that the attorney you have chosen is willing to meet with you to discuss your case. Note: not all cases are suitable for legal malpractice claims. If your case is not suitable, an attorney should provide full information as to why the case cannot be pursued with the facts currently available. You do not want to become entangled in a lengthy litigation only to discover that your case has little chance of being successful . It is advisable to bring a summary of your case, including dates and other pertinent information to your initial interview with the attorney. It is also a good idea to bring supporting documents, including a written retainer agreement and any contracts that may be relevant to the matter. Keep in mind that you are interviewing the attorney as much as they are interviewing you to determine if you are a good fit for each other, both in the personalities and the facts of the case. Finally, ask the attorney for references. A good attorney will have no problem with you calling old clients to find out more about them. This is also a good time to ask about initial fees, and whether those fees are reasonable. It is important to make the right choice. You should feel comfortable with your decision.