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What Is the Difference Between a Bar Complaint and a Complaint for Legal Malpractice in Florida?

What options are available to you if you believe a legal professional has acted unethically or negligently? Two concepts often confused in this context are bar complaints and complaints for legal malpractice. Parrish & Goodman, Attorneys at Law, with offices in Fort Myers and Naples, Florida, outline the differences between these two types of complaints, providing clarity on each and sharing how we can assist clients in legal malpractice matters.

Understanding Bar Complaints

A bar complaint is a formal grievance filed against an attorney with the Florida Bar, the organization responsible for regulating the practice of law in the state. Bar complaints typically involve allegations of professional misconduct, which can include actions such as:

  • Breach of ethical obligations outlined in the Florida Rules of Professional Conduct
  • Criminal activity
  • Fraud or dishonesty
  • Failure to communicate with clients

When a bar complaint is filed, the Florida Bar investigates to determine if the attorney’s conduct warrants disciplinary action. This can result in a range of penalties, from reprimands and fines to suspension or disbarment. The goal of a bar complaint is to uphold the integrity of the legal profession and protect the public by ensuring that attorneys adhere to established ethical standards.

Understanding Complaints for Legal Malpractice

A complaint for legal malpractice involves a client alleging that their attorney failed to represent them competently, which resulted in harm or loss. Legal malpractice claims can arise from various situations, such as:

  • Negligence in handling a case
  • Failing to meet critical deadlines
  • Inadequate representation in legal matters
  • Breaching fiduciary duties owed to a client

To succeed in a legal malpractice claim in Florida, the client must prove that the attorney’s conduct fell below the standard of care expected in their profession and that this negligence directly caused harm or damages. Legal malpractice cases are civil lawsuits, meaning they are pursued in the civil court system, and the remedies sought may include financial compensation for damages incurred due to the attorney’s misconduct or negligence.

Key Differences Between a Bar Complaint and a Legal Malpractice Complaint

While both bar complaints and legal malpractice complaints involve grievances against attorneys, there are fundamental differences:

Nature of the Complaint

  • A bar complaint is rooted in the attorney’s professional and ethical conduct, focusing on violations of established rules and regulations.
  • A legal malpractice complaint is centered on deficiencies in the attorney’s representation of a client, often involving negligence or failure to fulfill professional obligations.

Purpose

  • The purpose of a bar complaint is disciplinary; it seeks to protect the public and regulate the legal profession by holding attorneys accountable for their conduct.
  • Legal malpractice complaints aim to provide recompensation to clients who have suffered damages due to an attorney’s negligence.

Outcomes

  • Outcomes of bar complaints may include disciplinary actions such as reprimands, fines, suspension, or disbarment.
  • Legal malpractice cases result in financial compensation to the affected client if they prevail in their lawsuit.

Process

  • The Florida Bar Association handles bar complaints and involves an investigation and potential disciplinary hearing. The prosecution of bar complaints is almost always handled internally by employees of the Florida Bar and not by independent attorneys.
  • Legal malpractice lawsuits are filed in civil courts, and the process typically involves litigation, including pre-trial motions, discovery, and potentially a trial. Legal malpractice cases almost always involve representation by attorneys, like those at Parrish & Goodman, PLLC, or self-represented (pro se) parties.

How Parrish & Goodman Can Help

At Parrish & Goodman Attorneys at Law, we are dedicated to delivering the highest level of support and legal representation to our clients.  Attorneys do make mistakes that can have a significant impact on their client’s lives.  The client should not be left with the aftermath without recourse and attorneys should be held accountable, just like anyone else when they harm someone. If you are thinking of pursuing a legal malpractice claim, our experienced attorneys can guide you through the process. Parrish & Goodman Attorneys at Law have handled hundreds of legal malpractice cases and can help you understand your rights and options, ensuring that your interests are well-represented.

Frequently Asked Questions

Can I file both a bar complaint and a legal malpractice complaint against the same attorney?

Yes, you can file both complaints if the circumstances warrant it. A bar complaint focuses on ethical violations, while a legal malpractice complaint addresses the attorney’s failure to represent you adequately.

How long do I have to file a legal malpractice claim in Florida?

In Florida, you generally have up to two years from the time you discovered or should have discovered the malpractice to file a legal malpractice lawsuit.  However, there are differences in the trigger date for malpractice that occur as a result of mistakes made while representing clients in criminal law, transactional law and civil litigation, which can be very specific to the facts of each case. Therefore, it is important to consult with an attorney as soon as possible after suspecting malpractice occurred.

What types of damages can I recover in a legal malpractice case?

Damages can include lost money, costs incurred in trying to rectify the attorney’s mistakes, and other losses directly resulting from the malpractice.

What happens if my bar complaint is successful?

If your bar complaint is successful, the Florida Bar may impose disciplinary measures on the attorney, which can range from reprimands to disbarment.

Should I hire an attorney for a legal malpractice claim?

Yes, it is advisable to consult with an experienced attorney who specializes in legal malpractice to ensure you have the best chance of success in your claim.  However, you should make sure that the attorney you choose is not afraid to bring an action against those practicing in their own profession and legal community.  You should also pick an attorney that has experience in both defending and prosecuting legal malpractice cases such as the attorneys at Parrish & Goodman, PLLC.

Florida Legal Malpractice Attorneys

We want clients to understand the differences between bar complaints and legal malpractice claims, so they can take the appropriate action if they believe an attorney has failed in their duties to them as a client. At Parrish & Goodman Attorneys at Law, we are here to provide guidance and representation for legal malpractice claims that are tailored to your specific situation. Contact us today to discuss your options and how we can assist you.