Florida Legal Malpractice Defense Attorneys
Ethics Violations, Breach of Contract, Fiduciary Duties
The Lawyer’s Lawyer
Attorneys are more and more frequently coming under attack for ethics violations, breach of contract, breach of fiduciary duties and other claims. According to a recent American Bar Association study, legal malpractice claims mirror the economy and in a troubled economy, those claims skyrocket.
In many cases, the best defense against legal malpractice claims is prevention. Some general things to think about to help you reduce your risk of a legal malpractice claim include:
- Make sure that someone in the office, other than the lead attorney, knows the general status of your cases, contact information and where all case information is kept.
- Ensure a manageable workload for all people in the office so avoidable errors don’t occur.
- Ensure your legal assistants are trained to calculate deadlines properly.
- Guard against conflict of interest situations.
- Strongly evaluate your client screening process.
- Audit your firm for current weaknesses and vulnerabilities.
- Take a hard look at your malpractice insurance policy; and if you don’t have a policy, strongly consider whether the risk of a malpractice claim is greater than the cost of the policy.
If the worst happens and you are sued for a legal malpractice, don’t panic, but do seek counsel. If you are being sued for malpractice or if the state of Florida is threatening to reprimand, suspend or disbar you from practice, you need to talk to attorney – Robert Critton of Critton, Luttier & Coleman. Over the course of the last two decades, we’ve gained a reputation as being the “Lawyer’s lawyers.” Robert Critton is a Florida Bar Board Certified Civil Trial Lawyerwith extensive legal malpractice defense experience, defending lawyers against grievances and disciplinary action.
If you are facing a threat to your reputation or livelihood, don’t go it alone, call or email Robert Critton of Critton, Luttier & Coleman at 561-842-2820.
Critton, Luttier & Coleman. The Trusted Advocates.
West Palm Beach Litigation Law Firm focusing on Commercial Litigation, Personal Injury, Auto Accidents, Insurance Bad Faith, Marital & Family Law, Sexual Battery & Assault, RICO, Employment Litigation and Legal Malpractice throughout the state of Florida including West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, the Treasure Coast, Palm Beach County, Broward County, Martin County and all of South Florida.
Having represented lawyers and law firms for over thirty (30) years, Robert Critton and the lawyers of Critton, Luttier & Coleman have a unique perspective in evaluating potential claims against lawyers and law firms. Just as with all professionals, lawyers may make mistakes, commit errors in judgment or breach fiduciary responsibilities to clients. We use our insight and knowledge in having represented lawyers in evaluating and analyzing potential claims against lawyers to determine whether viable and sustainable causes of action exist.
We have been successful in recovering policy limits and multi-million dollar verdicts from law firms and their insurance carriers.
When a lawyer represents a client, the lawyer has a contractual duty, a duty of care and a fiduciary duty, whether the client is an individual, business entity or a trust. The most common areas that we see in potential legal malpractice cases are:
- Missing a statute of limitations or other important dates which prevents the claim from being brought or maintained.
- Advising the client to settle a case for far less than its true value.
- Failing to communicate ongoing progress with the case and in most instances, the failure to communicate is predicated upon the fact that the lawyer has done little or no work.
- Breach of an attorney-client confidence which causes damage to the client.
- Engaging in a conflict of interest where the attorney’s interest is distinctly different from that of the clients, or where the attorney fails to disclose his interest in the transaction or the conflict; or the conflict may arise where a lawyer in the firm is adverse to or is representing a client adverse to another client wherein the lawyer has an obligation to disclose.
- Theft of client’s money and/or assets from the trust account.
- Incompetence by the lawyer. A lawyer may represent that he or she is competent to handle a particular transaction or litigated matter, but the lawyer may be completely unqualified or not have sufficient qualifications to properly handle and represent the client.
- An excessive fee charge to the client.
Robert Critton, Bernard Lebedeker and Gregory Coleman are all well versed in defending attorneys as well as representing plaintiffs who are considering filing a case against an attorney and law firm. Please call us or email us: Bernard Lebedeker, email@example.com; Gregory Coleman, firstname.lastname@example.org or Robert Critton, email@example.com, to discuss your rights in a confidential setting.
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