Fort Myers FL Legal Malpractice Attorney
A lawyer is obligated to fully comply with the code of ethics enacted by the state where he or she practices. The ethical rules from a given state address a lawyer’s conduct in various situations and, when followed, help to prevent legal malpractice. All lawyers, irrespective of state, have a duty to act in good faith, fidelity, integrity, fairness, and honesty when dealing with their clients. He or she must have the legal knowledge and skill that is required in this profession.
The state of Florida is no different and has rules of professional conduct for all of the state’s attorneys. If you have used the services of another attorney and feel that he or she “dropped the ball,” it may in fact be malpractice, but you may not know it.
What Is Legal Malpractice?
Legal malpractice occurs when a lawyer negligently mishandles a client case, which results in damages to the client. For example a lawyer who failed to file a lawsuit within the 2 year statute of limitations can now be responsible for his client’s original damage claim against a third party
Types of Legal Malpractice
Some common types of malpractice exercised by lawyers include, but are not limited to, the following:
- Negligent errors due to failure to exercise a reasonable standard of care or lack of competency.
- Fee disputes and over-charging the client.
- Misuse or abuse of client’s trust including sharing information with others not involved in the lawsuit.
- Lack of skills and knowledge resulting in misrepresentation.
- Failure to resolve conflicts of interest.
- Failure to communicate with the client
- Failure to meet the court deadlines.
Steps To Take To Resolve Legal Malpractice In Florida
In Florida, a person who is unsatisfied with a lawyer’s legal services may file a lawsuit. Generally, such suits must be filed within 2 years of the last date the attorney represented the client. If the Legal Malpractice lawsuit is successful, the injured client may recover damages. Additionally, if the lawyer committed fraud or theft, he may be subjected under Florida laws to criminal prosecution. During this process, the Florida court may order the accused lawyer to pay restitution and return any other property acquired from the injured client. Burkett Law Office is experienced in handling legal malpractice claims for clients.
What to Do
If your attorney has “dropped the ball” while handling your legal matter, you may have a legal malpractice claim. If you believe you received poor representation by your attorney, contact Burkett Law Office so we can focus on your potential claim. Mr. Burkett’s 35 years of experience will serve you well. He is well practiced in critical thinking, legal interpretation, and bringing to judgment or amicably resolving complex disputes just like these.