West Palm Beach Legal Malpractice Attorney
According the the U.S. Commerce Department, in 2012 legal services generated $270.6 billion in revenue. With so much business taking place, mistakes do happen. However, just because a case is lost does not give a client the grounds to win a legal malpractice lawsuit. If you have been accused of negligence, breach of contract, or breach of your fiduciary duty that causes harm to your client, your entire career at an attorney may be at stake. Legal malpractice is a very serious matter and can carry incredibly harsh penalties. According to the American Bar Association, the following are the top eight most common reasons for a legal malpractice claim to be filed (with their corresponding percentage):
- Failing to know or properly apply the law (11.3 percent of claims). The most common reason for a legal malpractice claim to be filed is because the plaintiff believes that the attorney was unaware of the legal principles or failed in their research to understand the principles. Failing to know the law applies during erroneous reasoning from known principles, as well as failing to implement the known facts;
- Planning or strategy error (8.9 percent of claims). In this instance, the attorney clearly knew the facts and laws at hand, yet incorrectly handled the client’s case due to poor judgement or strategy;
- Inadequate discovery of facts or investigation (8.8 percent of claims). The plaintiff, in this scenario, argues that the attorney should have discovered certain fact if their investigation and been more thorough and careful;
- Failure to file documents where no deadline is involved (6.6 percent of claims). This scenario occurs when a critical document filing goes wrong, yet there was no deadline to file it;
- Failing to calendar property (6.7 percent of claims). In this case, the attorney was aware of a particular deadline but failed to make a calendar entry or notify others in the office;
- Failing to know or correctly ascertain a deadline (6.6 percent of claims). The attorney did not know of a deadline, failed to calculate when a particular deadline was, or failed to determine if said deadline applied. This only applies if the attorney did not make a note in a calendar;
- Procrastination in performance or service or lack of follow up (5.9 percent of claims). Even despite a time limitation, a delay in services that causes a loss for the client can be considered grounds for legal malpractice by procrastination. Examples include loss of a key witness, loss of a business sale, or disappearance of evidence. Lack of follow up pertains to the attorney’s lack of following through on an action that they initiated; and
- Failing to obtain client’s consent or to inform client (5.4 percent of claims). If the attorney failed to fully inform their client, and the client believes that they would have pursued other options had they been informed, there may be grounds for a legal malpractice claim. Additionally, if the lawyer went ahead with an action that their client was not made aware of, that too can be grounds for a claim.
The attorneys at our firm represent other professionals under attack for breach of contract and breach of fiduciary duties, as well as ethics violations. Our professional clientele ranges from large law firms with over 20 attorneys and 140 employees down to medium and small firms. Contact our West Palm Beach legal malpractice attorneys, we can help.
Many legal malpractice claims are brought for the wrong reasons, mostly because of unreasonable expectations and results. If you or your firm are being sued for legal malpractice or if the Florida Bar is contemplating reprimanding, suspending or disbarring you from practice, you need to contact to Mike Pike.
Contact Our Experienced West Palm Beach Legal Malpractice Attorneys Today
At Pike & Lustig, LLP, our business and insurance litigation experience sets us far apart from other law firms. We are seasoned Federal and State Court practitioners, having a significant concentration of our business cases filed in a Federal forum. Pike & Lustig, LLP is a favorite among law firms and their carriers for specialized and complex-legal cases. Your law firm will not fall through the cracks simply by being just another number or a firm “intake” goal. Pike & Lustig, LLP has successfully represented numerous law firms throughout the State of Florida, including arbitration.
If your case is sophisticated, has several moving parts, involves complex-legal questions, involves director and officer liability and/or requires corporate-legal application to achieve your goals and protect your law firm, then contact us today.
Keep in mind, your law firm has a choice as to who represents it, and it does not always have to be the “panel” of law firms your insurance carrier attempts to assign to your firm. Let us defend you from those threatening your firm and reputation. Contact our highly experienced West Palm Beach legal malpractice defense attorneys today.
If you are facing a malpractice threat in Palm Beach, Broward, Dade or Martin Counties, Pike and the firm will aggressively defend you. Call or e-mail Pike at 561-291-8298 or pike@turnpikelaw.com. Trust us and call today. Time is not on your side.
