Miami Developer Sues Law Firm Over Failed Real Estate Deal
According to reporting from the Daily Business Review, Buchanan, Ingersoll & Rooney PC, a large law firm that is based in Washington, D.C., is currently facing a $15 million malpractice lawsuit. The legal claim was brought by a real estate developer from Miami, Florida. After a losing a legal battle over in a dispute with a former business partner, Avra Jain, is now seeking to hold her lawyers responsible for the defeat.
At Pike & Lustig, LLP, our legal team is committed to providing law firm representation in West Palm Beach and law firm representation in Miami. Here, we offer a brief overview of the specific allegations in this lawsuit and we explain what a law firm must do in order to defend itself against a legal malpractice claim.
Allegations of Malpractice and Breach of Fiduciary Duty
In 2009, a former business associate of Avra Jain filed a lawsuit against her following a failed real estate deal. Specifically, this lawsuit was filed in relation to a now defunct company called H-H Investments LLC. The Daily Business Review reports that a trial court and Florida’s Third District Court of Appeal both ruled against Avra Jain. Indeed, the former business associate was awarded more than $8.1 million in financial compensation.
In the legal malpractice complaint, Jain’s legal representative’s alleged that an avoidable litigation mistake was the overriding reason that the case was lost. They contend that the original promissory note was never put into evidence, as was necessary under Florida law. This lawsuit is now pending in a Miami-Dade County Circuit Court.
Defending a Legal Malpractice Lawsuit
Legal malpractice claims are extremely complex. As all lawyers know, you cannot guarantee successful results to any client. If the underlying facts simply do not support their legal claim, then they are very likely to lose their case. In Florida, legal malpractice claims are based on the negligence legal standard. An attorney can only be held responsible for malpractice if the plaintiff (former client) can prove the following four things:
- The lawyer made some type of error or mistake;
- An ordinary lawyer would not have made such a mistake under similar circumstances;
- There is a link between the mistake and the client’s loss; and
- The client suffered real harm by losing their case.
To successfully defend a legal malpractice claim, you must be able to show that the plaintiff cannot meet all of the required elements. Beyond any direct financial losses, being held liable for malpractice could severely damage your legal career. If you are facing a malpractice claim, it is imperative that you are represented by a top-quality legal advocate.
Contact Our Florida Legal Malpractice Defense Attorneys Today
At Pike & Lustig, LLP, we are proud to serve other lawyers in the area. No matter what type of circumstances your law firm is facing, we can help. To set up your comprehensive consultation, please call us today at 561-291-8298 (West Palm Beach office)or at 305-985-5281 (Miami office). We look forward to assisting you.
Resource:
law.com/dailybusinessreview/sites/dailybusinessreview/2017/11/29/miami-developer-sues-law-firm-shareholder-over-failed-real-estate-project/?slreturn=20171107102218
