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Law Office of Robert Gibson
9408 Arlington Expressway
Jacksonville, Florida 32225
Local: (904) 273-3000
Toll Free: 1-800-4 LAW DOC

Legal Malpractice

Much like patients entrust their physical health to their doctor, clients entrust their financial recoveries and legal issues to attorneys, with the belief that they will follow the accepted standards for representation in their case. If you have suffered a financial loss as a result of your Florida lawyer, call The Law Office of Robert Gibson, PA at (800) 4LAWDOC. Understandably, it may be difficult to get an attorney to sue another attorney. However, we at The Law Office of Robert, PA Gibson believe that we have an ethical duty to represent clients who have been wronged by their attorney. We believe everyone is entitled to competent representation. 

What Is…?  And What Is Not… Legal Malpractice

Most attorneys are hard working professionals that work hard for their clients. However, even the most diligent attorneys can make a mistake that could prove devastating to a client’s case. Moreover, when an attorney breaches their fiduciary duties by the mishandling of the client’s funds, or par takes in unethical behavior that betrays client confidentiality and compromises your case, call the Law Office of Robert Gibson, PA. If you are a legal client who has been damaged as a result of a Florida lawyer mishandling your legal matter, you may be entitled to receive monetary compensation from that lawyer. 

A lawyer is required to exercise the degree of care, skill and diligence that a lawyer of ordinary skill and knowledge commonly possesses and exercises in a particular area of law. If he or she does not exercise this level of care, he or she may be guilty of malpractice.

However, just because a lawyer's work was challenged, that litigation ensued or you lost your case, does not mean legal malpractice has occurred. Someone who believes that he or she has become the victim of legal malpractice must aim to prove the attorney acted in a manner that no other reasonable attorney would have acted. A client suing for malpractice must demonstrate that “but for” the conduct of their attorney, the outcome of the case would have been different. If the outcome of your case would have been the same despite the actions of the attorney or if you cannot prove the outcome would have been different, then legal malpractice has not occurred.

In Florida to prove a legal malpractice has occurred:1) an attorney-client relationship existed; 2) the lawyer neglected a reasonable duty he or she owed to the client; and 3) the loss to the client was proximately caused by the lawyer’s negligence.

If you think you are a victim of legal malpractice…
Call our office today for a FREE phone consultation. (904) 273-3000.

There Are Many Types Of Legal Malpractice

Legal Malpractice can take place in all areas of the law, however, we do not accept  cases in the area of criminal, or family law. When hiring an attorney, you expect certain standards and results from that representation. Often, attorneys make strategic decisions during the course of a case, that may appear to the client to be negligent, but are not.  An example would be if an attorney decided not to present a certain witness at trial that the client believed could be beneficial. While the witness may have been able to clear up a possible issue, the attorney made a strategic decision not to use the witness because they believed that the testimony could ultimately do more harm than good on cross examination. Therefore, not taking a specific action can be beneficial to the case, not neglect or malpractice. However, in other instances, failure to take an action could be negligence, and you may be able to sue that attorney for the damages incurred.  Keep in mind that it is unlikely you could prevail if your attorney can prove that his/her actions or lack of action was as a result of a strategic decision.

How Long Do I Have To Bring A Claim?

Generally speaking, in Florida the Statute of Limitations in which to bring a legal claim for malpractice as defined in Section 95.11(4)(a). is within two years; or two years from the time of action is discovered or should have been discovered with the exercise of due diligence.

Therefore, if you think you have been a victim of legal malpractice, call TODAY for a FREE consultation to get your case assessed.

(904) 273-3000

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9408 Arlington Expressway
Jacksonville, Florida 32225
Local: (904) 723-0001
Toll Free: 1-800-4 LAW DOC
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