Legal Malpractice Florida

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Legal Malpractice

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Legal Malpractice
As we know that lawyers play a most significant role in handling client's case. Due to negligence an error made by the lawyer can be so pervasive that it can ruin the client's case. This kind of carelessness can affect the lawyers' reputation too. On contrary some mistakes are unavoidable in this profession because of its intricate and tricky nature.

Law is actually a noble profession but it is becoming more like a money-minting career . Like all businesses, law firms are interested in making profits by overcharging legal fees from their clients. Sometimes lawyers can act greedy and unethically with least concern to the client. Lawyers should bound by ethical rules and standards but these legal malpractices are not limited to bad lawyers. Good lawyers and well reputed firms also somehow indulge in such practices.
Most Common causes of Legal Malpractice:

  1. There should be a good communication between the lawyer and client.
  2. Suing a client over the fees.
  3. Statue of limitations problems.
  4. Failure to file a notice of claim under the General Municipal Law, The Public Authorities Law, the Court of Claims act, or other claim-notice acts. That failure may be a result of failing to file the summons and complaint.
  5. Serving the wrong witnesses, failing to serve a satisfactory complaint or filing a complaint after the statute of limitations has run.
  6. Calendar control problems and failures to appear on status conferences, clerk's calls, pre-trial or pre-calendar conferences.
  7. Other calendar control problems, not created by a failure to appear in court .An appeal must be perfected within the department's time period.
  8. Conflict of interest like Divorce and Commercial situations.
In the malpractice cases, if lawyer has led to a bad performer the client's case or spoilt the client's case then it is not necessary to prove that the lawyer was negligent but also to check that would be the result of the case if attorney was not negligible.. This is generally referred as a "Case within the Case" factor. This is one of the facts why malpractice is not easy and realistic to the common people approach.

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