How To Prove A Florida Legal Malpractice Claim

 

 

In Florida, a claim of Legal Malpractice is defined as:

Legal Malpractice happens when an attorney handles a case inappropriately due to negligence or with intent to harm and causes damages to a client.

It simply means:

When a lawyer fails to do their job (intentionally or unintentionally) and their client suffers as a result.

There are 3 elements of the claim:

• Element 1. There was an attorney-client relationship between the parties. An attorney-client relationship exists when a lawyer agrees to provide legal services to a client, creating a bond of trust and responsibility where the lawyer must act in the client’s best interests.
  

  Facts that might support this element look like:

  * The plaintiff retained the defendant attorney to represent them in a legal matter, establishing an attorney-client relationship.
  * The defendant attorney provided legal advice and services to the plaintiff regarding their case, further solidifying the relationship.
  * The plaintiff communicated confidential information to the defendant attorney, relying on their professional guidance.
  * The defendant attorney billed the plaintiff for legal services rendered, indicating a formal attorney-client relationship.
  * The plaintiff believed that the defendant attorney was acting in their best interests throughout the legal proceedings.

• Element 2. The attorney neglected to carry out a reasonable duty. In a legal malpractice claim, this means the lawyer failed to perform a basic responsibility that any competent attorney would have handled, which could have harmed the client’s case or interests.
  

  Facts that might support this element look like:

  * The attorney failed to file a critical motion by the court’s deadline, resulting in the dismissal of the client’s case.
  * The attorney did not respond to multiple client inquiries regarding the status of the case, leaving the client uninformed and anxious.
  * The attorney neglected to conduct necessary legal research, which led to the presentation of an unsupported legal argument in court.
  * The attorney missed a key hearing date, causing significant delays and additional costs for the client.
  * The attorney did not keep the client updated on important developments, violating the duty to communicate effectively.

• Element 3. The attorney’s negligence was the proximate cause of the client’s loss. The attorney’s carelessness directly led to the client’s financial loss, meaning that if the attorney had done their job properly, the client would not have suffered that loss.
  

  Facts that might support this element look like:

  * The attorney failed to file a critical motion by the court’s deadline, resulting in the dismissal of the client’s case.
  * The attorney neglected to conduct necessary discovery, which led to the loss of key evidence that could have supported the client’s claims.
  * The attorney provided incorrect legal advice that caused the client to miss a settlement opportunity, ultimately resulting in financial loss.
  * The attorney did not adequately prepare for trial, leading to a poor presentation of the client’s case and an unfavorable verdict.
  * The attorney’s failure to communicate important case developments left the client unprepared and unable to make informed decisions regarding their legal strategy.

^{(See Steele v. Kehoe, 747 So. 2d 931, 933 (Fla. 1999). Cocco v. Pritcher, 1 So. 3d 1246, 1248 (Fla. Dist. Ct. App. 2009).)}
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Prove Your FL Legal Malpractice Claim

U.S. Civil Cases Only