Attorneys have a professional and ethical duty to represent clients with competence, diligence, and integrity. When a lawyer fails to meet these standards, causing harm to their client, it may constitute legal malpractice. If you have suffered financial loss or a negative legal outcome due to an attorney’s negligence, you may have grounds for a legal malpractice claim.
At Fogg Law Group, we help clients hold negligent lawyers accountable for misconduct, ensuring they receive the compensation they deserve.
What Is Legal Malpractice?
Legal malpractice occurs when an attorney fails to provide competent representation, resulting in harm to the client. It is not enough to prove that a lawyer made a mistake; the client must show that the attorney’s negligence directly caused damages.
Not every lost case or unfavorable legal outcome qualifies as malpractice. To establish a valid claim, the following must be proven:
- Duty of Care – The attorney had a professional obligation to provide competent representation.
- Breach of Duty – The lawyer failed to act with reasonable skill or diligence.
- Causation – The attorney’s negligence directly caused harm to the client.
- Damages – The client suffered financial losses or other harm due to the lawyer’s misconduct.
Common Types of Legal Malpractice
- Failure to File Documents on Time – Missing deadlines or statutes of limitations can result in case dismissals or lost claims.
- Negligent Case Preparation – Failing to research legal arguments, gather evidence, or present a strong case.
- Conflicts of Interest – Representing clients with opposing interests or failing to disclose conflicts.
- Misuse of Client Funds – Embezzling, mismanaging, or improperly using client trust funds.
- Failure to Communicate – Not keeping clients informed about case developments or settlement offers.
- Providing Incorrect Legal Advice – Advising clients based on misinterpretations of the law, resulting in financial harm.
- Breach of Fiduciary Duty – Attorneys must act in the client’s best interests. If a lawyer prioritizes personal gain over a client’s well-being, they can be held accountable.
Who Can Be Held Liable for Legal Malpractice?
- Individual Attorneys – Lawyers who fail to meet professional standards or act negligently in representing a client.
- Law Firms – A firm may be responsible if multiple attorneys contributed to negligence or if the firm failed to supervise its attorneys properly.
- Legal Consultants and Paralegals – If a non-attorney legal professional gives incorrect advice that causes financial harm, they may also be liable.
How to Prove Legal Malpractice
To win a legal malpractice case, you must prove:
- An Attorney-Client Relationship Existed – There must be clear evidence that the lawyer was officially representing you.
- The Attorney Acted Negligently – They failed to meet the legal standard of care expected of a competent lawyer.
- The Negligence Caused Harm – You must show that if not for the attorney’s error, the outcome would have been different.
- You Suffered Damages – You must prove that the attorney’s negligence caused financial loss or legal harm.
Compensation for Legal Malpractice Claims
Victims of legal malpractice may be entitled to compensation for:
- Financial Losses – If malpractice caused a lost case, settlement, or financial damages, the attorney may be liable for these losses.
- Additional Legal Fees – Costs associated with hiring a new lawyer to fix mistakes.
- Punitive Damages – In cases of fraud, dishonesty, or intentional misconduct, punitive damages may be awarded.
What Legal Malpractice Is NOT
Not every bad legal outcome is malpractice. Common misconceptions include:
- Losing a Case Does Not Equal Malpractice – The law is unpredictable, and attorneys cannot guarantee a favorable outcome.
- Disagreements Over Strategy – Lawyers have discretion in choosing legal tactics. If an approach fails, it does not necessarily mean negligence.
- Appeals Are Not Automatically Malpractice – Losing an appeal is not grounds for a claim unless negligence directly caused the loss.
What to Do If You Suspect Legal Malpractice
- Gather Documentation – Collect emails, contracts, court filings, and billing statements.
- Get a Second Opinion – Consult another lawyer to evaluate your claim.
- File a Complaint with the Florida Bar – If the misconduct involves ethical violations, the Florida Bar may investigate.
- Consult a Legal Malpractice Lawyer – If you suffered financial harm, a malpractice lawsuit may be necessary.
Florida Statute of Limitations for Legal Malpractice Cases
Under Florida law, legal malpractice claims must be filed within:
- Two years from when the client discovered or should have discovered the negligence (Florida Statutes § 95.11).
- Four years if the malpractice was not immediately apparent.
If you miss these deadlines, you may lose your right to compensation.
Frequently Asked Questions
- Can I sue my lawyer for missing a deadline?
Yes. If an attorney fails to file within the statute of limitations, causing you to lose your case, it may be legal malpractice. - What if my lawyer gave me bad advice?
If incorrect legal advice resulted in financial harm or an unfavorable legal outcome, you may have a valid malpractice claim. - Can I sue if my lawyer overcharged me?
Fee disputes do not always qualify as malpractice, but you can file a fee dispute complaint with the Florida Bar. - What if my lawyer had a conflict of interest?
If an attorney represented conflicting clients without disclosure, this may be grounds for a malpractice lawsuit. - How much does it cost to hire a legal malpractice lawyer?
We work on a contingency fee basis—you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you were harmed by legal malpractice, we will fight to recover full compensation for your losses. Call 1-561-616-3000 or contact us online for a free consultation.