© 2014 Saxon Gilmore. Saxon Gilmore`s publications should not be construed as legal advice on any particular fact or circumstance. The content is for general information and educational purposes only and should not be considered as advice on any particular situation. Distribution of this publication is not intended to create an attorney-client relationship with Saxon Gilmore, and receipt of this publication does not create an attorney-client relationship. This publication may not be quoted or referred to in any other publication or process without the prior written consent of the Company, which is granted or withheld at our discretion. To request permission to reprint one of our publications, please use our contact form via the link below. This site may contain hypertext links to information created and maintained by other companies. Saxon Gilmore does not control or guarantee the accuracy or completeness of such external information, and the inclusion of a link does not constitute an endorsement of such external websites. After investigating and assessing your malpractice claim, we will let you know if we are willing to pursue your potential claim on your behalf and if we believe you have a valid title error claim.
Our representation is almost always on a contingency fee basis. That is, we accept as fees a percentage of any financial recovery that you can obtain either by settlement or by court judgment. As part of our written representation agreement, we agree to advance all reasonable and necessary costs to investigate and pursue your claim. We will only receive fees and our fees will be reimbursed if we are successful in asserting your claim. If there is no collection, you do not owe us anything. No fee will be due for our investigation or if, after our investigation, we decide that we cannot or do not want to deal with the case. Besides things like lack of work, your lawyer`s mistakes may also have prevented you from earning the best possible income. If this is the case, you can recover the difference in a lawsuit for error of law. There is still an obstacle to overcome before you can recover against your former lawyer. Many malpractice lawsuits fail because the client cannot prove that even if a favorable judgment had been obtained, there would have been a solvent defendant who would have paid it. A claim that could not have been recovered, even if it had been the subject of full prosecution, cannot engage its liability for fault.
The purpose of the solvency requirement is to prove whether the original defendant would have been able to pay a judgment if a judgment had been rendered against him. It should be noted that not all negative situations warrant an error of law. For example, if your lawyer is seen in a social setting with the other party`s lawyer, this does not necessarily indicate a breach of solicitor-client privilege. Similarly, mere disappointment about the outcome of your case is no reason to sue your lawyer – a lawyer cannot guarantee the outcome of a case, even if they do everything right. Result? While your bad experiences may naturally make you suspicious of lawyers in general, it`s important to take action if you fall victim to legal errors. Not only can this help you get the compensation you need and deserve, but it also allows you to be accountable for their actions and reduce the likelihood that someone else will be victimized as you have been. At Pike & Lustig, LLP, our Florida legal error attorneys are available to protect your professional license and practice. If you are faced with a possible legal error or a lawyer`s complaint, call us now for a confidential consultation.
With a law firm in West Palm Beach and another office in Miami, we represent attorneys throughout Southeast Florida. Here are some common client complaints about lawyers: Consequential damages are damages for additional injuries that are due to the lawyer`s negligence, but do not arise directly from the purpose of the attorney-client relationship or affect the purpose of the attorney-client relationship. In other words, indirect harm is not the loss of the benefit provided by legal services, but the harm that occurred because the benefit was lost. These injuries may include damages for psychological distress and related personal injury, damage to reputation, economic loss, and the costs of that lawyer`s trial for legal error. In Florida, these damages are in many cases irrecoverable, and this area of law is not resolved. It is important to know that a “bad” lawyer does not necessarily constitute legal misconduct. Let`s look at some of the most common complaints clients have against their lawyers and determine if they constitute wrongdoing. When hiring a lawyer, expect them to handle your case professionally and competently. If your lawyer has not fulfilled their part of the agreement, it is a black eye for the entire profession, and they must be held accountable for their actions so that they do not treat others equally. The experienced Florida legal error attorneys at Lawlor, White & Murphey can help. There are several things your attorney needs to prove to win a malpractice case: In addition to a summary of Florida law, the book also provides helpful forms and sample documents such as engagement letters, briefs, and requests for investigation. These forms are useful, not only for suggesting how to write a complaint, but also for suggesting the many positive defenses available in Florida.
Given the often subjective nature of the existence of a solicitor-client relationship, a particularly interesting question that the book addresses is how to document when a lawyer refuses to be represented. In Florida, you have two years from the original judgment to file a lawsuit for error of law. The sooner you see a new lawyer, the more time your lawyer will have to gather evidence to support your accusations. In your initial case, if your lawyer did not respond to your requests on time, you may have had to pay more because of his actions. You can be compensated for these economic losses in the event of an error of law. In most cases, the items appear in the order shown above. In other words, the last element occurs and the cause of action arises on the day the customer suffers actual loss or damage. With few exceptions, the statute of limitations in a claim for legal error begins to rotate on the last day the customer (plaintiff) suffered repairable damage. Was your lawyer negligent in handling your case? Did you miss out on the compensation you deserve? Did your lawyer not assert your claim within the statute of limitations? If so, you may be able to take legal action against them for legal errors.
Below, we outline the damages for which you can sue your former lawyer and what to do if you find a legal error. In the Arrowood case, the question was what date applied if the case was settled before trial but not before trial. Conroy Simberg was hired by Arrowood as a cover attorney on December 6, 2005, but was fired for lawsuits that allegedly cost Arrowood more than $2 million in additional damages in October 2007. Arrowood then engaged alternate counsel who, along with the other parties to the case, settled the dispute between 15 and 18 December 2008. On 22 December 2008, the complainant filed an order dismissing the case with prejudice and the decision dismissing the case was registered on 12 January 2009. Then, on the 22nd. In December 2010 – more than three years after Conroy Simberg was fired from the Arrowood office, and more importantly, more than two years after the case was settled – Arrowood filed an abuse of rights lawsuit against his former lawyers seeking recovery of alleged damages of more than $2 million. If a lawyer agrees to handle a matter for you, he or she implicitly represents that he or she has the necessary level of learning, skills and abilities necessary to practice the law that other lawyers in the same profession normally possess, and that he or she exercises reasonable and ordinary care and care in the use of his or her skills and the application of knowledge to the client`s case. To succeed in a legal error case, you must demonstrate: Do you have questions about legal error cases in Florida? We have answers. Here are some questions that many previous clients have had with us. Few things are as intimidating as taking legal action against a lawyer. However, if you hire a lawyer and they are negligent, it can cause significant damage and you will have to defend yourself.
How? By taking legal action against them for error of law. Probably, most cases of legal errors are handled on a contingency fee basis, meaning you only have to pay the lawyer a fee for their services if they receive compensation for you through a settlement or legal proceeding. While any lawyer, regardless of experience or area of practice, runs the risk of being sued, the law that controls claims for defects in title is an issue that many lawyers know very little about. While there is plenty of work on the subject in other jurisdictions, as the authors note, little has been written specifically about legal errors in Florida. The Florida Legal Misconduct Act seeks to fill this void and specifically addresses the right to legal error in Florida.