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Legal Malpractice Attorney in Fort Lauderdale, Florida

Legal Malpractice Attorney in Fort Lauderdale, Florida

Anyone who feels that their current or past attorney has done them wrong, is encouraged to meet with a Legal Malpractice Attorney in Fort Lauderdale, Florida from Needle & Ellenberg, P.A. Legal malpractice is defined as the failure of an attorney to handle a legal case properly because of incompetence, negligence, or intentionally harming the client. Some of the more common factors cited in legal malpractice claims include planning errors, procrastination, missing deadlines, failure to know and apply the law correctly, and failure to get the consent of the client.

As your FL Legal Malpractice Attorney in Fort Lauderdale may inform you during a consultation, in the majority of legal malpractice lawsuits filed, the major issue is the attorney’s negligence in handling the case. This is more common than fraud or maliciousness. Before a client can file a legal malpractice lawsuit against their attorney, the following elements must be proven:

  • There was an attorney/client relationship. The client must prove that there was in fact a legal agreement between the two, specifying the conditions for which the attorney has agreed to provide the client with legal advice.
  • There was legal negligence. In order to win a lawsuit, the client must have solid evidence that the attorney failed to carry out their legal duties or failed to provide the appropriate legal advice. For instance, behavior such as failing to file the appropriate paperwork with the court, missed deadlines, or misapplying the law are all examples of legal negligence that can be cited in a legal malpractice lawsuit.
  • The client suffered a financial loss. The client must also show that the negligent behavior on the part of the attorney caused the client to suffer financial losses. For example, an otherwise slam/dunk personal injury case that is dismissed by the court because the attorney dragged his or her feet in filing and the statute of limitations for filing expired would likely be a strong legal malpractice case against the attorney.

If any of the above applies to your circumstances, then it’s in your best interest to meet with a Legal Malpractice Attorney in Fort Lauderdale from Needle & Ellenberg, P.A. for more information. 

What Are the Consequences for Legal Malpractice?
If an attorney is found guilty of legal malpractice, the penalties can vary depending on the circumstances of the case. Penalties also can vary depending on if the case is being heard in a civil court or a criminal court. If the attorney is found guilty of failing to work on the client’s case, purposefully failing to handle the case properly, or purposefully misled the client, there could be harsh penalties. Civil malpractice penalties could include fines, sanctions, and restitutions to the client. Criminal malpractice penalties can result in prison time.

Here at Needle & Ellenberg, P.A. we understand that you may have lost a substantial amount of money due to a negligent attorney. A medical malpractice lawyer in Fort Lauderdale, FL can do everything in their power to see that you are fairly compensated. 

Statute of Limitations for Legal Malpractice

Just as in any civil lawsuit, there is a statute of limitations on how long the client has to file the claim. Each state sets its own laws regarding statute of limitations and depending on the state, the time limit could be anywhere from two to six years to file the legal malpractice lawsuit. And just like any other type of lawsuit, once the statute of limitations has expired, the client has lost their opportunity to file the legal malpractice lawsuit against the attorney. So, time is of the essence when it comes to reaching out to a Fort Lauderdale Legal Malpractice Attorney for help.

If you feel that an attorney you hired is guilty of legal malpractice, then the time to act is now. Contact us at Needle & Ellenberg, P.A. to meet with a Florida Legal Malpractice Attorney in Fort Lauderdale and find out what legal options you may have.