When you hire a lawyer to handle your case, you expect skilled representation and helpful advice at every stage of your case. Sometimes, unfortunately, legal representation goes wrong. Injured accident victims in Florida might not know where to go for help if their lawyer has let them down. It is important for clients to know what their rights and options are when an attorney screws up their case.
Attorneys hold positions of trust to get the job done – whether they are handling a lawsuit, settlement negotiations, or simply giving advice to a client. Attorneys also have standards of conduct and ethical rules requiring them to live up to high standards. However, lawyers sometimes fall short of what’s expected of them. This can happen for many different reasons, but when it does, clients deserve better legal representation.
If you lost faith in your attorney and believe your personal injury case was mishandled, you do have choices. A dedicated attorney can help you move forward if your lawyer did not give your case the attention it deserves. They can help you transition to quality legal representation in your case. Schedule a free consultation today to learn more.
Can I Sue My Lawyer for Legal Malpractice?
Suing for legal malpractice is a difficult task. Specific evidence must be shown to prove that a lawyer’s conduct reached the level of malpractice. Former clients will need to prove that their lawyer failed to act with the “ordinary skill and care” that would be used by another lawyer handling the same type of case in the same situation.
A legal malpractice claim has four basic elements:
- Duty: That the lawyer owed a duty to perform work as a reasonable attorney would under the circumstances. Generally, this means being competent in the area of law they are handling, filing documents by the correct deadlines, and being prepared for each stage of the case. Lawyers also have duties to communicate reasonably with their clients and respond to calls from their clients.
- Breach of Duty: When a lawyer fails to act as they should when handling their case, they could have breached their duty. Examples can include missed deadlines, not responding to calls and emails, making mistakes in applying the law to your case, and other errors that harm a client’s case. Certain issues are bound to arise in some cases. However, if mistakes are made due to a lawyer’s carelessness, negligence, or bad conduct, a breach of duty might exist.
- Causation: Claimants need to prove that a lawyer’s misconduct led to the client’s damages. For example, if a lawyer misses the deadline to file a personal injury claim, their client could be prevented from collecting damages in their claim.
- Damages: This would be the actual harm and loss caused by an attorney’s negligence. If a mistake costs a client a valuable settlement, for example, the potential value of the claim would be used as damages.
Frequent causes of legal malpractice can include lack of communication, dishonesty, incompetent legal work, and billing disputes. On the other hand, honest mistakes, personality conflicts, differences of opinion, and other misunderstandings might damage the attorney-client relationship but would not constitute legal malpractice. Clients have the legal right to end their attorney-client relationship if they are not satisfied with the legal representation being provided.
What Is the Statute of Limitations for Legal Malpractice in Florida?
Under Florida Statutes § 95.11 (4)(a), professional malpractice claims such as legal malpractice claims, must be filed within two years of the negligent act. In other words, clients harmed by legal malpractice have two years to file a claim against their former attorney. If they don’t file within the deadline, they could permanently lose their right to sue for malpractice.
When does the clock start running for a legal malpractice claim? Florida’s two-year statute of limitations for legal malpractice starts from the date that a cause of action accrued. Under Florida’s “redressable harm test,” the accrual date would be the time when the last element supporting the malpractice claim occurred. (For example, a judgment against the client.)
The cause of action could accrue when:
- An attorney-client relationship is formed;
- The attorney acted with negligence;
- The client suffered losses due to the attorney’s negligence
Generally, then, the clock starts ticking on the last date when a client suffered redressable damages. A Florida personal injury attorney can help you understand how this works and when you need to file your claim.
What Are Your Rights as a Client?
Florida sets rules of professional conduct for lawyers when they represent clients. These ethical rules explain what is expected of Florida attorneys and what clients can expect from their lawyers.
In Florida, legal clients are entitled to expect:
- Effective Communication: Attorneys are expected to respond to phone calls, letters, emails, or other agreed-upon communication methods in a timely manner. While a lawyer will not always be available immediately to answer a client’s question, they should respond within a reasonably short time frame (for example, 24-48 hours).
- Competent Representation: Your lawyer should have knowledge of the law that applies to your case and the ability to apply the law to your case in court.
- Updates on Your Case: As developments happen in your case, you should be promptly notified and have your questions answered.
- Management of Expectations: Your lawyer should be realistic with you about what to expect based on their knowledge and experience. You should not be told you are entitled to more than what the law allows.
- Staging Involved: You should be given information and input into important decisions in your case.
- Informed Decision-Making: Your lawyer should be able to give you all the facts available to make smart choices in your case.
- Cost-Benefit Review: Your lawyer should explain the costs of your case, including attorney fees, expert witness fees, and other costs that might impact the amount that you ultimately collect in your personal injury claim. You are entitled to know if a settlement might provide better value than going to trial.
If an attorney fails to provide effective representation and communication, you could have a malpractice claim.
Contact Our Experienced Clearwater Personal Injury Lawyers Today
If you think your lawyer dropped the ball and damaged your case, you could still have time to change course. If your attorney’s conduct reaches the level of legal malpractice, Roman Austin Personal Injury Lawyers can review the facts and advise you about your next steps. Your personal injury case is always important to our legal team, and we are proud to provide skilled, trustworthy representation. Contact our law office today at (727) 787-2500 to schedule your free consultation.
