If you are disappointed with the advice or results you received from your lawyer, we ask that you ask Wagner McLaughlin to know the quality of the representation you received and whether you can bring an action for legal error against the first lawyer. You should know in advance that a bad result or bad advice alone is not enough to succeed in a judicial misconduct lawsuit. An allegation of error of law against a former lawyer should not be made until many factors, both factual and legal, have been evaluated by a lawyer experienced in the field of professional defects. If you don`t, you might be disappointed a second time. Wagner McLaughlin has the experience, knowledge and resources to advise you on these issues. The articles on this blog are for informational purposes only and are not a substitute for legal advice or an attorney-client relationship. If you require legal advice, please contact our office directly. Grossman Roth Yaffa Cohen`s legal team has lawyers who have experience in various areas of law, including appeals, birth injuries, medical malpractice, bodily injury and liability. During its more than three decades of practice, the firm has been recognized by prestigious organizations and publications, including: American Inns of Court, Best Lawyers, Florida Justice Association, Lawdragon 500, Martindale-Hubbell® and Super Lawyers. If any of the above sound familiar, Grossman Roth Yaffa Cohen`s lawyers may be able to help you hold your negligent lawyer accountable for his actions. ®®® The firm has secured multi-million dollar judgments and settlements for clients since 1988.
Paralegals, medical investigators and former police and detectives make up the firm`s legal team, providing their clients with a vast pool of knowledge that can detect wrongdoing by your former lawyer. Legal mistakes don`t just mean a lawyer lost your case; Losing can be frustrating, but it still happens. Frankly, lawyers are not immune to human error, so sometimes mistakes have to happen. Lawsuits for legal errors can be a long and difficult battle. This is not something you should try on your own. A competent lawyer who has successfully represented clients in other litigation involving legal errors knows exactly what needs to be done to help you get the result you deserve. Professional malpractice is defined as the negligence or negligence of a professional, such as a doctor or lawyer. Misconduct is the failure to provide the quality and type of service that another lawyer would provide in the same circumstances and in accordance with generally accepted standards of care. If you believe your lawyer has committed malpractice, it`s likely that you don`t have the training and background to evaluate the legal services you`ve received – and it`s just as likely that you could benefit from Wagner McLaughlin`s expertise in this area of law. In the case of professional misconduct, the causal requirement is formulated negatively. For example, it is often said that the client can only assert claims against the former lawyer if it can be proved that the damage suffered by the client would not have occurred “without” the lawyer`s negligence. In other words, the client must prove that it is solely because of the lawyer`s negligence that the client`s cause of action or defense against a claim in the underlying claim was unsuccessful.
In your initial case, if your lawyer did not respond to your requests on time, you may have had to pay more because of his actions. You can be compensated for these economic losses in the event of an error of law. Negligence or failure to exercise due diligence is the claim that is usually associated with an error of law. The assumption is that a lawyer made an error that would have been avoided by the hypothetical “competent” lawyer who adheres to the standard of care. Unlike the usual case of negligence, it is not the “reasonable person” standard that is used to determine whether a lawyer has not exercised due diligence in a case of professional misconduct, but whether he or she has departed from the usual and customary practice of other lawyers in similar circumstances. There are timelines for filing malpractice claims, and we can advise you on these fairly complex timelines and exceptions to them. Malpractice lawsuits should never be brought lightly or to avoid honest guilt for professional services. You should be aware that a less than ideal outcome does not necessarily mean that malpractice has occurred. You may have achieved the best possible result in the circumstances of your case or, despite the outcome, the services or treatments provided may have been adequate.
There is an error of law when a lawyer does not act reasonably and responsibly when representing his client. Common examples of legal errors may therefore include: After reviewing and evaluating your malpractice claim, we will let you know if your potential claim is willing to be sued on your behalf and if we believe you have a valid title error claim. Our representation is almost always on a contingency fee basis. That is, we accept as fees a percentage of any financial recovery that you can obtain either by settlement or by court judgment. As part of our written representation agreement, we agree to advance all reasonable and necessary costs to investigate and pursue your claim. We will only receive fees and our fees will be reimbursed if we are successful in asserting your claim. If there is no collection, you do not owe us anything. No fee will be due for our investigation or if, after our investigation, we decide that we cannot or do not want to deal with the case. An action for error of law cannot contain punitive damages and does not compensate you for new attorneys` fees for the new case. However, you have the right to claim damages for any fees you have incurred by hiring another lawyer to remedy the previous situation. What other types of damages can you claim? If you have suffered from a lawyer`s negligence or misconduct, the only way to get the compensation you deserve is to sue for a legal error. However, this is only a reason to make a claim.
The American Bar Association describes three elements that help determine whether a lawyer`s error qualifies as an error of law: For negligence-based claims of legal error, you must prove the following four elements: Contact Grossman Roth Yaffa Cohen online today for advice with a Miami attorney for legal errors. The firm accepts cases throughout South Florida. Demonstrable and significantly damaging mistakes that are considered legal errors include: In addition to things like lack of work, your lawyer`s mistakes may also have prevented you from earning the best disposable income. If this is the case, you can recover the difference in a lawsuit for error of law. For a free, confidential consultation with a Miami attorney for legal error, call Grossman Roth Yaffa Cohen today at (866) 629-1061. It should be noted that not all negative situations warrant an error of law. For example, if your lawyer is seen in a social setting with the other party`s lawyer, this does not necessarily indicate a breach of solicitor-client privilege. Similarly, mere disappointment about the outcome of your case is no reason to sue your lawyer – a lawyer cannot guarantee the outcome of a case, even if they do everything right. The evidence can be difficult to uncover in a case of legal error, given how nuanced the legal industry is. In addition, cases of legal error essentially involve two cases – a botched primary case and a secondary case dealing with mismanagement of the former. The legal team for the second case must be qualified both for errors of law and for the field of activity of the primary case. Once you discover that you may have medical malpractice, you should consult a lawyer immediately so that your claim can be reviewed and evaluated to determine if it has merit.
During the investigation or assessment of your malpractice claim, we must obtain and review the relevant legal instruments. You will usually be asked to sign written powers of attorney to disclose these documents. We may also need to engage the services of an expert witness to help us review and assess your medical malpractice claim. When it comes to determining whether or not a lawyer has made a legal error, the court will consider several key elements before deciding your case. These include legal errors that occur when a lawyer does not act in accordance with prohibited standards and codes of conduct.
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