West Palm Beach - Fort Lauderdale - Miami

Legal malpractice happens when an attorney fails to render competent professional service to a client, and such misconduct results in damages to the client.  Negligence, breach of fiduciary duty, and breach of contract are all theories of liability that may be asserted in an action for legal malpractice. 

Among the types of misconduct that can give rise to a malpractice claim are the following:

• Permitting a statutory limitations period to run against a client's claim (by failing to prepare, file, and serve essential pleadings in a timely manner);
• Failing to protect a client's right of appeal/review;
• Negligence in settling (or failing to settle) a client's case;
• Negligence in examining the title to a property
• Negligence in failing to Answer a Complaint or claim for relief, and thus suffering the entry of a default judgment

A client who has been harmed by his/her former attorney's malpractice could recover, if successful at trial, the amount of money that the client should have obtained if the attorney had provided competent legal services or the amount of the judgment that was imposed against the client due to the attorney's misconduct.  The client might also recover the legal fees that were paid to the former attorney. If you or someone you know has suffered a loss as a result of an attorney's negligence or misconduct, contact Phillips P. O’Shaughnessy, P.A., to discuss the situation.