In Florida, there are statutes that establish deadlines for filing lawsuits. These are known as statutes of limitation. These statutes of limitations establish different deadlines for different kinds of lawsuits. Lawsuits against lawyers must be filed within a two year period. When this two year period begins is not always clear and this question has been the subject of many court decisions. In situations involving the malpractice of a lawyer representing a client in a lawsuit, the Florida Supreme Court has ruled that the two year period does not begin to run until the lawsuit has concluded. See Silvestrone v. Edell, 721 So.2d 1173 (Fla. 1998).
It is best to seek advice concerning the possibility of a legal malpractice claim early, after it has become apparent that the lawyer's conduct may have been the cause of a loss. Once the two year period passes, a lawsuit against the lawyer will be barred forever.
Monday, July 28, 2008
Saturday, July 26, 2008
What is Legal Malpractice?
The laws of our society hold individuals accountable for their actions. (There are exceptions to this, but that is the subject of another discussion.) Professionals are accountable, and this includes lawyers. When an attorney's mistake causes a loss to the client, the lawyer may be held accountable to the client in a lawsuit for legal malpractice.
Florida law requires proof of three elements to establish a lawsuit for legal malpractice: (1) The lawyer's employment by the client; (2) the lawyer's neglect of a reasonable duty; and,(3) a loss that is caused by the breach of duty. See Law Offices of David Stern, P.A. v. Security National Servicing Corporation, 969 So.2d 062 (Fla. 2007). Legal malpractice can occur in a variety of situations involving the relationship between attorneys and their clients. This can include a lost lawsuit, the loss of property or money, the loss of legal rights, or even the loss of liberty. In almost every situation involving legal malpractice, the lawyer's mistake has created a loss that would not have occurred if the lawyer had practiced the law in a careful and knowledgeable manner.
Not every mistake a lawyer makes gives the client the right to sue for malpractice. As professionals, lawyers deal with matters that are complex. They may involve factors that are not within the lawyer's control. Lawyers are entitled to exercise professional judgment, so long as they do so with their client's best interests in mind. The law does not require lawyers to guarantee or predict the outcome of a client's lawsuit or transaction. But when a lawyer's mistake is serious enough to be considered a breach of a reasonable duty of care, then the lawyer may be held accountable for the client's loss.
Florida law requires proof of three elements to establish a lawsuit for legal malpractice: (1) The lawyer's employment by the client; (2) the lawyer's neglect of a reasonable duty; and,(3) a loss that is caused by the breach of duty. See Law Offices of David Stern, P.A. v. Security National Servicing Corporation, 969 So.2d 062 (Fla. 2007). Legal malpractice can occur in a variety of situations involving the relationship between attorneys and their clients. This can include a lost lawsuit, the loss of property or money, the loss of legal rights, or even the loss of liberty. In almost every situation involving legal malpractice, the lawyer's mistake has created a loss that would not have occurred if the lawyer had practiced the law in a careful and knowledgeable manner.
Not every mistake a lawyer makes gives the client the right to sue for malpractice. As professionals, lawyers deal with matters that are complex. They may involve factors that are not within the lawyer's control. Lawyers are entitled to exercise professional judgment, so long as they do so with their client's best interests in mind. The law does not require lawyers to guarantee or predict the outcome of a client's lawsuit or transaction. But when a lawyer's mistake is serious enough to be considered a breach of a reasonable duty of care, then the lawyer may be held accountable for the client's loss.
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