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Negligent Security Seminar | March 2015

Florida personal injury lawyers

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    Legal Malpractice

    Legal malpractice occurs when a lawyer fails to properly represent a client.

    Just as a doctor may commit medical malpractice while treating a patient, so too may a lawyer commit legal malpractice upon a client. Both are professionals held to a standard of care in their profession. Both can cause grievous injury – whether personal, medical or economic. Unfortunately, the proliferation of lawyers has resulted in an over-abundant supply of attorneys who may be less skilled in areas to which they offer their services. Malpractice can occur by a mistake being made by a skilled lawyer, or by negligence on the part of an unskilled, inexperienced or incompetent attorney. Under any circumstance the client can be harmed and should consult a legal malpractice attorney.

    A law firm is legally responsible for the mistakes of the lawyers it employs. A malpractice claim against a lawyer or law firm can be caused by a lawyer’s negligence, by doing something inappropriate during the attorney-client relationship (including divulging confidences or acting contrary to the client’s interests) or in some other way breaching a contract or the lawyer’s duty to the client. One of the most common mistakes lawyers make is to miss a critical deadline that results in harm to their client. For example, all cases are subject to a statute of limitations. If the lawyer fails to preserve a case by missing a statute of limitation, there may be a case of legal malpractice.

    Leighton Panoff Law, P.A. is committed to representing clients who have suffered harm at the hands of legal malpractice. It is the firm’s position that trial lawyers have an obligation to handle these cases and bring justice to clients who have suffered injury because of legal mistakes. This makes the legal profession stronger by maintaining high standards and holding ourselves to those standards.

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    The firm recently obtained $1 million on behalf of a client whose lawyer failed to meet a deadline, resulting in the loss of her case.  The case was settled confidentially but provides funds to reimburse the client for the case she was unable to bring.

    Click here for examples of our pending and finalized cases.

    Disclaimer: The information about past verdicts and settlements of the firm’s cases are based on the unique facts of each case. These amounts reflect the gross recovery in each case (before attorneys fees, expenses and medical costs are deducted).  Although these results were obtained by our firm, they may not indicate the success or value of any other case.  By clicking on portions of this web site you are acknowledging that each case is unique and must be evaluated on its own merits. The information contained here has not been reviewed or approved by The Florida Bar.

    What is legal malpractice?

    Legal malpractice occurs when a lawyer fails to properly represent a client. Malpractice can occur by a mistake being made by a skilled lawyer, or by negligence on the part of an unskilled, inexperienced or incompetent attorney. Whether the harm is personal, medical, or economic, the consequences can be significant. Under any circumstance, the client can be harmed and should consult a legal malpractice attorney. Both doctors and lawyers are professionals held to a standard of care in their profession and can cause grievous injury if that standard is not met.

    Can a skilled lawyer still commit legal malpractice?

    Yes. Malpractice can occur by a mistake being made by a skilled lawyer. Even experienced attorneys can miss a critical deadline or make an error in judgment that leads to significant harm to a client. Legal malpractice is not limited to inexperience or incompetence. When that mistake results in harm—whether by missing a statute of limitation or breaching the attorney’s duty to the client—the client may have a valid malpractice claim.

    What are common causes of legal malpractice?

    A malpractice claim against a lawyer or law firm can be caused by a lawyer’s negligence, doing something inappropriate during the attorney-client relationship (including divulging confidences or acting contrary to the client’s interests), or in some other way breaching a contract or the lawyer’s duty to the client. One of the most common mistakes lawyers make is to miss a critical deadline that results in harm to their client. If the lawyer fails to preserve a case by missing a statute of limitation, there may be a case of legal malpractice.

    Is a law firm responsible for its lawyers’ mistakes?

    A law firm is legally responsible for the mistakes of the lawyers it employs. Whether the error is due to negligence, inappropriate conduct during the attorney-client relationship, or failure to uphold a contractual or professional duty, the responsibility can fall on the firm as a whole. This accountability ensures that clients have recourse not only against the individual attorney but also the larger organization that supported and employed that lawyer.

    How does legal malpractice harm a client?

    Legal malpractice can cause grievous injury—whether personal, medical, or economic. Clients depend on lawyers to preserve their legal rights. When a lawyer makes a mistake or acts negligently, the client may lose the ability to pursue justice or obtain a remedy. This can result in missed opportunities, lost lawsuits, and significant financial or emotional loss. Whether the malpractice comes from inexperience or a single mistake by a skilled attorney, the client suffers real and lasting harm.

    Why is it important to maintain standards in the legal profession?

    Trial lawyers have an obligation to handle these cases and bring justice to clients who have suffered injury because of legal mistakes. This makes the legal profession stronger by maintaining high standards and holding ourselves to those standards. By pursuing claims of legal malpractice, the profession reinforces its commitment to competence, ethics, and accountability, ensuring that clients are protected and the justice system remains trustworthy and reliable.

    Can a client sue if a lawyer misses a deadline?

    Yes. One of the most common mistakes lawyers make is to miss a critical deadline that results in harm to their client. All cases are subject to a statute of limitations. If the lawyer fails to preserve a case by missing a statute of limitation, there may be a case of legal malpractice. This type of error can result in a complete loss of the client’s ability to pursue their legal rights and often leads to valid claims against the attorney or firm.

    What was an example of a successful legal malpractice case?

    The firm recently obtained $1 million on behalf of a client whose lawyer failed to meet a deadline, resulting in the loss of her case. The case was settled confidentially but provides funds to reimburse the client for the case she was unable to bring. This settlement reflects the serious consequences of attorney negligence and the firm’s commitment to helping clients recover from legal malpractice and the losses it can cause.

    Why are some attorneys more likely to commit malpractice?

    The proliferation of lawyers has resulted in an over-abundant supply of attorneys who may be less skilled in areas to which they offer their services. Malpractice can result from a mistake by a skilled lawyer, but more often it arises from negligence on the part of an unskilled, inexperienced, or incompetent attorney. Clients should be cautious and seek experienced representation, as poor legal advice or action can lead to serious and irreversible harm.

    What should someone do if they suspect legal malpractice?

    Under any circumstance the client can be harmed and should consult a legal malpractice attorney. If a lawyer fails to represent a client properly—whether by error, negligence, or breach of duty—it may be grounds for a malpractice claim. Legal malpractice attorneys help evaluate the circumstances and determine whether the client’s rights have been violated. Seeking proper legal advice is essential in preserving potential claims and recovering from the harm done.

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