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What is Legal Malpractice?

Legal malpractice occurs when an attorney has dealt with a client in a negligent, fraudulent, or an otherwise unfair manner, resulting in damages to the client. Legal malpractice is not limited to trial attorneys but extends to any dealings between attorneys and their clients. A few examples of the latter might be bankruptcy, business contracts, wills, and divorce.

What Counts as Legal Malpractice?

These are just a few examples—there are many more possibilities of attorney misconduct that might occur. If you feel like the negligent or malicious actions of your attorney have caused you loss or damages, you may be able to receive compensation for the incurred damages.

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What should I do if my attorney is fraudulent? If you received poor legal advice or service, it is important that you file a legal malpractice claim as soon as possible. A statute of limitations may limit the period of time you are permitted to file such a claim.

How do I prove legal malpractice? If your lawyer has been treating you unfairly or been involved in any form of misconduct, our Florida legal malpractice attorneys can help you. We will identify the existing relationship between you and your previous attorney, what act of negligence occurred, what damages were caused as a result of the negligence, and what compensation can be received to alleviate the incurred damages.

The American Bar Association performed a study that identifies the most common claims of legal malpractice. These are the top ten:

  • Failure to Know/Apply the Law
  • Planning Errors (error of judgment in how case should be handled)
  • Inadequate Discovery of Facts/Inadequate Investigation
  • Failure to File Documents Where No Deadline is Involved
  • Failure to Calendar Properly
  • Failure to Know Deadline
  • Procrastination
  • Failure to Obtain Client Consent (the case would have been handled differently if client had been adequately informed)
  • Conflict of Interest
  • Fraud

Schedule a Free Consultation With a Top Legal Malpractice Attorney

At Lytal, Reiter, Smith, Ivey & Fronrath, we do everything we can to make complicated legal issues as simple as possible. We offer several options for learning more Florida legal malpractice.

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