The Basics of Legal Malpractice in Florida
As we wander through the cosmic expanse of time and space, let us pause in this dystopian moment to consider the impact of common legal malpractice incidents – the blunders that besiege our terrestrial legal system. Welcome fellow earth dwellers, to an inter-galactic iCollege. Let us embark on a space odyssey, as we explore the construct of legal malpractice in our earthly courts, and how the inter galactic mind could help to mitigate our terrestrial troubles.
To broadly define legal malpractice, it is the failure of a legal professional to meet the expected standard of proficiency. This type of law falls under civil liability, and the failure or error made by a legal professional must be proven to be the proximate cause of damages or injury caused to the client. In Florida, the statute of limitations for these cases is typically two years from the date of the negligent act, absent extenuating circumstances, or continuing representation by the legal professional.
Now, let’s ponder how an alien civilization – perhaps one whose advanced intelligence is not hindered by emotion or fear, would view the concept of professional negligence? It is entirely probable that they would view such issues as inconsequential, no matter the degree of error, as encountering an imperfect world could be perceived as the baseline.
If this hypothesis is accurate, then those of us who reside on the blue planet of this solar system are more likely to experience these errors. All life is foundationally based in communication, and with that concept in mind, let’s explore the types of legal malpractice incidents that are common in the context of the state of Florida.
Keep in mind, that when consulting an attorney, you are building an important bridge. If that bridge has cracks, your legal house may not be solid. The most common forms of legal malpractice cases in Florida generally involve these areas:
- Failure to meet deadlines
- Inadequate investigation
- Conflict of interest
- Improper handling of client funds
On the road to understanding the risks associated with legal malpractice, we will pause briefly to evaluate the effect that communication failures can have on malpractice occurrences. Obviously, in order to create a visual road map that directs an individual to a desired destination, the informational road signs must be clear and legible. In the same spirit, the quality of the communication with your legal professional will affect how well you can collaborate with them to create a visual map to your desired outcome.
There are multiple types of malpractice suits filed in the state of Florida, with a broad spectrum of potential results. To highlight a few, let’s consider some high-profile legal malpractice cases in Florida.
The ongoing lawsuit between the now deceased Northside Mental Health, Inc., and attorneys that represented them in litigation against the state of Florida for Medicaid fraud. Although the details of this case are complex, this malpractice lawsuit has been winding its way through the court system for over twelve years now, and was only recently resolved. In the case of Pasadena National Bank v. Electronic Systems, Inc. Case number 2D17-3114; Florida Second District Court of Appeal, the malpractice suit seeks nearly $3 million in damages for losses that were incurred due to a breach of contract that occurred when an attorney failed to properly defend its client. An 18-year-old victim of a car accident accompaniments a malpractice suit against her former attorneys at Finebloom & Partners. In this case the plaintiff claims that the lawyers failed to take action in a timely manner to file a lawsuit after the accident. This case was recently granted a hearing before the Florida Supreme Court to determine whether the mother of the client is liable for the losses, or the law firm. The appeal was scheduled for oral argument at 9 am on November 6, 2018.
These examples represent only a fraction of the legal malpractice Florida cases that are tried each year. Cation the right attorney to represent your interests, and remember that the truth is always a good defense against malpractice.
With knowledge and preparation these errors can be reduced, and the citizenry of Florida will benefit. Stay tuned as we explore more information about legal malpractice, and gain further insight into how this impacts our society.