Legal Malpractice

Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. In order to rise to an actionable level of negligence, the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonable attorney would make. Furthermore, legal malpractice requires the showing of an injury that would not have happened had the attorney not been negligent. If the injury would have occurred despite different (non-negligent) actions by the attorney, nocause of action will be permitted. Legal malpractice can also occur when an attorney breaches a fiduciary duty to his or her client. This occurs when attorneys act in their own interest instead of to their client's, to the detriment of their client. A claim for legal malpractice may also arise when an attorney breaches the contract they sign with their client.

A common basis for a legal malpractice claim arises where an attorney misses a deadline for a filing of a paper with the court, such as a statute of limitations, and this error is related to the loss of the client's cause of action.

 

 

Published by BenmerguiLaw.comReal Estate Lawyers in Miami Florida. Also qualified in Florida Personal Injury, Immigration, and Commercial Litigation Attorneys in South Florida. Winning a case requires the best representation, at the Law Offices of Isaac Benmergui, P.A., we are committed to delivering the best legal services in a professional and confidential manner. Please contact our office to schedule a complimentary consultation or call now at 305.407.9464 for immediate, live assistance. Call now!