Understanding
Legal Malpractice
Legal malpractice occurs when a lawyer fails to provide competent representation according to the accepted standards of practice, causing harm to their client. In Florida, as in other states, the law holds attorneys to high standards of professionalism and duty. These standards are not only ethical but also enshrined in legal precedents and statutes that define the conduct of legal practitioners.
Key Elements of Legal Malpractice in Florida
In Florida, as is the case broadly, malpractice claims typically hinge on four critical components:
Establishing that the attorney owed a duty to the client.
Demonstrating that the attorney breached that duty through negligence, error, or lack of skill.
Showing that the attorney’s breach of duty caused harm to the client.
Proving that the client sustained damages as a result of this breach.
A successful malpractice claim must indicate that all four elements are present. Fulfilling this requirement often necessitates a rigorous review of both the attorney’s performance and the corresponding impacts on the client’s interests.
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