Breach of Contract.
When you retain an attorney to represent you in any matter, a contract is immediately formed between you, as client, and your attorney. This is true even if you only have an oral (spoken) agreement with you attorney. So while there may be no written contract, there is always a "contract" that you can sue on .The contract most typically involves the scope of certain work to be performed by the attorney in exchange for certain money you agree to pay. This contract may become the basis of a lawsuit if the attorney fails to perform any of its terms, and that breach causes you damage. Every contract, whether oral or written, also has a number of "implied terms" that govern an attorney's conduct even if these terms were not discussed with you. These implied terms and there are many of them- include the obligation to practice competently, the obligation to disclose any conflict of interest your attorney may have, the obligation to keep you informed about certain matters, the obligation to keep all communications with you absolutely confidential, and the obligation to obtain your consent before settling a case. If an attorney fails to perform either the oral or written terms of your agreement, or the implied terms, he or she has committed a wrong.

Negligence.
Negligence is a mistake made by your attorney. While in most cases a jury will ultimately decide if the mistake is a wrong, experts will be called upon to explain to the jury the so called "standard of care" (the level of acceptable practice) and whether the mistake that injured you was a departure from that standard.

Negligent Misrepresentation.
When an attorney makes a false statement by mistake, as contrasted with making one intentionally, and you have relied on that false statement in a way that harmed you, then a wrong has been committed by your attorney.

Breach of Fiduciary Duty.
An attorney owes a client the highest degree of loyalty and fidelity. Any time an attorney has put his or her interests ahead of your interest as a client, a wrong has been committed. Any time an attorney acts in a way that compromises the duty of loyalty and fidelity owed to you, then a wrong may have been committed

Fraud.
Any time an attorney intentionally misrepresents a fact to you and you rely on that misrepresentation to your detriment, then that attorney has committed a wrong. Fraud also occurs when your attorney intentionally omits a material fact that he should have disclosed to you.

Theft by Conversion.
The most unfortunate wrong committed by attorneys is the taking of unearned money from clients. At its most hidden level, conversion consists of nothing more than your attorney billing you for fees or costs that were not incurred. At its most overt level, this wrong involves the outright theft of the payment of a settlement or judgment check that belongs to you. While these wrongs would seem to be quite clear, they become complicated by criminal proceedings, ethics investigations, and the "aggrieved client."

An attorney's insurance policy will not cover fraud and conversion, but you may be able to recover some or all of any losses due to conversion from a special fund operated by the The Florida Bar, the arm of the Florida Supreme Court that regulates attorneys. We can help you file the paperwork and argue in support of your application in these cases.

Florida statutes provide that a legal malpractice lawsuit must be filed within two years of when the client knew or should have known that legal malpractice has been committed. However, the cases that have discussed the statute of limitations in a legal malpractice setting do not provide absolute answers as to when the two years begin or end and the calculation may depend on whether the malpractice is a result of a transaction or a lawsuit. Therefore, a knowledgeable legal malpractice attorney should be consulted as early as possible, and any delay should certainly be avoided.

If you have been harmed by the malpractice of an attorney -regardless of who the attorney is or where he or she has their office- call us right away! These cases are often complex and hard fought, as you might expect would be the case when you bring a claim against an attorney. However, we have years of experience handling these cases and will work zealously to get you the compensation you deserve regardless of who the attorney is or where he or she has their practice.