Legal Malpractice

Warren H. Chin

Legal malpractice is when an attorney fails to exercise reasonable care in handling a client’s case. If damage occurs due to the failure to use reasonable care, the attorney may be liable.

Why Matthews Eastmoore?

The attorneys at Matthews Eastmoore have years of experience litigating legal malpractice claims, and can help you get the compensation you deserve.

The Case Within the Case: in a legal malpractice claim, it is not enough to show that an attorney committed malpractice by, for example, missing a deadline. It must be shown that the malpractice caused damages or caused the plaintiff to lose the case. You must show that, if not for the malpractice, the client would have won the case or obtained a better outcome.

Thus, you need an experienced lawyer on your side, to not only litigate the malpractice claim, but also to “litigate” the previous case, and show that you should have won or done better.

Common Types of Professional or Legal Malpractice

  • Conflicts of interest with client
  • Missed deadlines
  • Improper settlements
  • Errors in documents
  • Failure to investigate
  • Breaches of fiduciary duty
  • Fraud
  • Negligence
  • Not communicating with client, failing to follow a client’s instructions, or failing to seek a client’s consent

Who May Sue

The plaintiff in a malpractice case is usually the victim of the malpractice. In some cases, another party can be designated to represent the victim, for example if the victim is a child or has a mental impairment.

When You May Sue

There are limitations on the amount of time that can pass between the victim suffering damages due to malpractice and initiating a lawsuit against the professional responsible for that malpractice.

In the State of Florida, the deadline is two years to bring a claim. There are very few exceptions to this rule, so it is best to speak to an attorney as soon as possible.

Malpractice Damages

There are two types of damage awards in a legal malpractice suits in Florida, compensatory and punitive.

Compensatory damages for monetary losses.

Punitive damages exist to punish the legal professional for his intentional or reckless wrongdoing. These are rare, and in Florida they are normally limited to three times the compensatory damages awarded.

When you go to a legal professional, you are putting your legal or economic wellbeing in the hands of another person. This is why professionals are held to a high standard. When they fail to meet this standard, grave damage can result and people’s lives can change forever. If you feel you have been the victim of malpractice, call us at 941-366-8888 or schedule a free consultation. Our experienced attorneys will give you the help you need to achieve the justice you deserve.

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The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. We do not undertake representation of your claims until all parties involved have entered into a signed agreement. If we have not entered into a signed agreement with you, you may want to speak with other attorneys regarding your claims since statutes of limitations may apply.