Lawyers do not have crystal balls to predict the outcome of cases. They rely on extensive education, painstaking research, and years of experience to guide and advise their clients. Even then, they can make mistakes in strategy or judgment. Did you receive bad advice from your attorney that led to poor results or financial loss? If so, your lawyer’s bad advice may be legal malpractice.
Parrish & Goodman, Attorneys at Law, represents Florida individuals, startups, and businesses of all sizes when a lawyer causes damage.
Defining Legal Malpractice
The Florida Bar Association defines legal malpractice as “when an attorney fails to perform according to the proscribed standards and codes of ethical and professional conduct… attorneys must have been negligent, in breach of a contract, or otherwise in violation of the American Bar Association’s Rules of Professional Conduct.”
It also adds this clarifying statement: “Not getting the expected outcome in a case is not enough to warrant a malpractice claim.”
In order to establish legal malpractice claims rooted in negligence, it is necessary to demonstrate the following four elements:
- The lawyer owed a duty to provide competent and skillful representation,
- The lawyer breached the duty by acting carelessly or by making a mistake,
- The lawyer’s breach caused an injury or harm, and
- The harm caused a financial loss.
Bad Advice and Malpractice Claims
Once again, it is important to understand that malpractice is not when your attorney makes an error or you are dissatisfied with the outcome. The attorney’s actions must be negligent or not meet the standards of the legal profession, leading to financial losses or unfavorable results that could have been prevented with different representation.
Here are some examples of how bad advice could be considered equivalent to malpractice:
- Your attorney causes you to miss the statute of limitations in your case
- Your attorney applies the wrong laws or case law to your claim
- Your attorney misses court deadlines or fails to inform you of deadlines
- Your attorney does not disclose conflicts of interest
- Your attorney does not disclose fees
Mistakes are not always malpractice. Did missing a deadline result in a fine or the dismissal of your entire case? Were several mistakes made throughout your case that resulted in a bad outcome? Would a similarly trained and experienced lawyer have made the same decisions or judgments or given the same advice? Determining negligence that warrants a legal malpractice claim demands a seasoned attorney with expertise in professional malpractice law.
Florida Legal Malpractice Attorneys
Whatever the case may be, legal malpractice is something you should investigate if you feel like your lawyer failed you, and a different lawyer could have done much better. Parrish & Goodman, Attorneys at Law, is one of the few practices in Florida with the necessary experience in professional malpractice cases.
We carefully investigate your case details, court records, files, the attorney’s actions, and more to determine whether they are, in fact, guilty of neglect that warrants a malpractice claim. Legal malpractice is serious business, and a guilty verdict could cost an attorney legal fees, restitution to the victims, loss of insurance coverage, or even disbarment. Some cases may even warrant criminal charges.
If you have suffered harm, whether financial or otherwise, due to a lawyer or law firm’s professional negligence, Parrish & Goodman Florida Legal Malpractice Attorneys are here to assist you in pursuing accountability from the responsible party and securing full compensation for your losses. Contact us today to learn more.
