Florida Legal Malpractice Legal Questions

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124 legal questions have been posted about legal malpractice by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include legal ethics and professional responsibility. All topics and other states can be accessed in the dropdowns below.
Florida Legal Malpractice Questions & Legal Answers - Page 2
Do you have any Florida Legal Malpractice questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 124 previously answered Florida Legal Malpractice questions.

Recent Legal Answers

First, you have no business asking about such things on a legal website. You are a minor and have no say in the settlement of your case as this is controlled entirely by your parents - you are unfortunately NOT the decison maker at that level, so what you know or didn't know is not of consequence. That stated - your parents need to address any such concerns with the lawyer and go from there. ... Read More
First, you have no business asking about such things on a legal website. You are a minor and have no say in the settlement of your case as this is... Read More
Possibly. This would be more of a breach of confidentiality issue. Not sure what the damages would be and that would be the driving issue for a malpractice case as opposed to simple Florida Bar complaint. 
Possibly. This would be more of a breach of confidentiality issue. Not sure what the damages would be and that would be the driving issue for a... Read More

lawyer in violation of agreement

Answered 8 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
Not opposing lawyers job to "do something" if you claim the agreement was breached. Its your job. 
Not opposing lawyers job to "do something" if you claim the agreement was breached. Its your job. 
This is not going to be addressed on an internet blurb. This is an issue for the seller to deal with by asking the sellers attorney. Othrwise seller will have to hire a second lawyer, out of pocket, to sue the buyers for recission or damages for sending the money to the wrong place. 
This is not going to be addressed on an internet blurb. This is an issue for the seller to deal with by asking the sellers attorney. Othrwise seller... Read More

Can I reopen a case that was settled due to legal malpractice?

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
Generally, NO. If you authorized and greed to the settlement, the notarization is more for the other parties ability to make sure you don'tlie and claim that it wasn't your signature. etc. 
Generally, NO. If you authorized and greed to the settlement, the notarization is more for the other parties ability to make sure you don'tlie and... Read More

How do I prevent my ex and his attorney from harassment and collusion?

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
You don't. Your ex and his lawyer will by definition "collude" against you. While cries of "collusion" feed the media in politics, they do little or nothing in family law proceedings. Unfortunately, your opponent is person you chose to marry and have achild with, and that is something you will have to contend with until she is an adult and the family law issues expire. At that point they will simply be family squabbles and you can ignore those as you choose. There are no "short cuts" or" I doan wanna" defenses until then so you will simply have to deal with the controvery. ... Read More
You don't. Your ex and his lawyer will by definition "collude" against you. While cries of "collusion" feed the media in politics, they do little or... Read More

Can we go after are attorney for not paying all medical bills

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
maybe - depends on the details of who was supposed to pay what with the settlement. YOu will need to retain a lawyer at an hourly rate/retainer to review the issue and go from there. 
maybe - depends on the details of who was supposed to pay what with the settlement. YOu will need to retain a lawyer at an hourly rate/retainer to... Read More
If you aren't the client  - why is any of this your concern, the client is a grown adult and can address any issues as they choose. If you are the client and you don't like the circmstances, as an adult, simply leave a do something different. While the facts are admittedly "odd" if you are a disgruntled "other parent" and the "client" is your ex, you are treading on REALLY thin ice with such an issue. ... Read More
If you aren't the client  - why is any of this your concern, the client is a grown adult and can address any issues as they choose. If you are... Read More

Why can I sue the lawyer in Florida when they make a mistake

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
It is impossible to understand your question let alone how a lawyer ruined your life and your thumb through legal malpractice. You may just have to decide ot hire a lawyer out of pocket if you feel that strongly about purusing some action of some type, since then the lawyers won't be risking thier money on a high risk sace and may be more inclined to get involved. ... Read More
It is impossible to understand your question let alone how a lawyer ruined your life and your thumb through legal malpractice. You may just have to... Read More
The ONLY way you have a 180K bill is by your own doing. Plain and simple. Absent a 180K bills arising in a single month where you paid zero attention to what was going on in the case there should havebeen NUMEROUS points where you had the ability to address such charges - especailly when you claim you had "no money" whatever that entails, especially since a lawyer cannot take davantage of funds you claim you dont have. There is something DRAMATICALLY missing here and I would encourage you to hire a lawyer to review the case and find out what is REALLY happening so you can make proper decisions. ... Read More
The ONLY way you have a 180K bill is by your own doing. Plain and simple. Absent a 180K bills arising in a single month where you paid zero attention... Read More

I want to contact lawyers who defend me from other lawyer's malpractice.

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
One usually isn't "defended" from another lawyers malpractice. HOwever in any defense case you will need to plan on paying the defense lawyer a good deal of money outof pocket to defend any claim.
One usually isn't "defended" from another lawyers malpractice. HOwever in any defense case you will need to plan on paying the defense lawyer a good... Read More

Over billing for a HOA dispute

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
You would have to demand an accounting or sue for same. Problem is you don't have the money to pick such fights legally and your own conduct keeps getting in the way, where you make agreements and then default - for what ever reason. You may want to move to a less combative community. ... Read More
You would have to demand an accounting or sue for same. Problem is you don't have the money to pick such fights legally and your own conduct keeps... Read More

License violation for practicing in a different state

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
This is simply a risk you will take under Fla. Stat. 83.48 and the COURT not the litigants determines whether the fees claimed are compensible. 
This is simply a risk you will take under Fla. Stat. 83.48 and the COURT not the litigants determines whether the fees claimed are compensible. 
Histrionic conspiracy theories are usually NOT going to entice any lawyer to handle a legal malpractice claim. YOu will likely need to hire a lawyer, possibly at some expense, to review your records andyour explanation of what happened and see whether there is a viable legal malpractice claim to pursue. Lawyers won't simply assume that legal malpractice occurred because your "hurt real bad" or that you have "so much proof" fron a lawyperson persepctive, espcially going on to what seems to be a third lawyer to address the issues. ... Read More
Histrionic conspiracy theories are usually NOT going to entice any lawyer to handle a legal malpractice claim. YOu will likely need to hire a lawyer,... Read More

How to sue a crooked lawyer

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
This can be done, but on the facts you describe would likely involve a SUBSTANTIAL expense in legal fees paid to sue the old lawyer. 99% of malpractice lawyers have zero interest in pursuing consipracy theory claims on a contingent fee simply beause they are super high risk and time consuming cases. ... Read More
This can be done, but on the facts you describe would likely involve a SUBSTANTIAL expense in legal fees paid to sue the old lawyer. 99% of... Read More

How can I find an attorney who actually handles Legal Malpractice suits.

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
You will have trouble finding such lawyers as 99% of such cases are simply disgruntled homeowners blaming lawyers for the loss of thier house when the client never agreed to nor paid for the legal work and defenses they claim afterwards out of desperation. By example, if you paid $7,000.00 up front for a foreclosure defense and modification assistance, and the property was foreclosed on in a say 6 month period, you might have a viable issue to address. IF on the other hand you spent $7,000.00 over a 2 year period paying $250.00 a month to the lawyers while not paying your mortgage, and THEN complain they didn't save your house, its obvious that this is becuase that was never the deal, never the intention and certainly not consistent with the legal fees paid. At $250.00 a month you would be paying essentially for 1 hours legal worka month. This is typical with the arrangement for foreclsoure lawyers to stall and dragout the foreclosure process so YOU not they can seek a modification, short sale or the like. In such instances the $250.00 while you pocket the value of the mortgage payment by not paying it is the focus of the defense strategy. That stated, whether such a claim exists against the lawyers will start with whcih fact pattern were you closer to, the first leans toward a possible claim, the latter, not at all. ... Read More
You will have trouble finding such lawyers as 99% of such cases are simply disgruntled homeowners blaming lawyers for the loss of thier house when... Read More
No way to tell. Much of this depends on the nature of the charges, the evidence against you, how you got convicted and what you spent on legal represention. If you spent OJ level money on the dream team, you  are right to expect that level of defense. If you found the cheapest lawyer you could afford, whether the lawyer provided adequate defense may be limited by the funds you committed to the defense. Unfortunately, most criminal defendants focus on penny pinching when hiring the lawyer but after they are convicted or don't like the results, have a new found willingness to spend the same money after the fact, that had they invested inthe case earlier, might have made a difference in the result. Unfortunately, this is like wanting re-do your hand in a poker game,  to bet your house AFTER you find you have the winning hand, but folded because you didn't want to risk losing the money when the bet came to you. If you have questions about the deal you made or the penalties imposed, you will need to hire a lawyer at some expense to review the file and what occurred and gofrom there. ... Read More
No way to tell. Much of this depends on the nature of the charges, the evidence against you, how you got convicted and what you spent on legal... Read More

The mangmnt Comp. is returning my checks. About to get a LEAN due to it.

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
You need to hire a real estate lawyer now that you should have hired long ago. If you don't you will likely face eviction in the immediate future whcih will likely cost even more to address. 
You need to hire a real estate lawyer now that you should have hired long ago. If you don't you will likely face eviction in the immediate future... Read More
Well this will be a pickle as you will sue lawyer for not paying medicare and then you will get sued for the money that you got in the settlement back that you shouldn't have recieved  - because it should have gone to medicare. You won't likley have a situation where YOU keep the money you shouldn't have recieved and expet the lawyer to pay out of pocket......you may be robbing peter to pay paul here. ... Read More
Well this will be a pickle as you will sue lawyer for not paying medicare and then you will get sued for the money that you got in the settlement... Read More
No idea what you are are talking about relative to "high court". You either need to get the issue sorted with the existing lawyer or hire a new one ASAP. 
No idea what you are are talking about relative to "high court". You either need to get the issue sorted with the existing lawyer or hire a new one... Read More
This is something the NEW HOA lawyer can and should address. 
This is something the NEW HOA lawyer can and should address. 
Esssshhhhh.......thats the problem with Pro-se case handling, 99% of the litigant think they are the 1% that can actually do so effectively. At this phase you would probably need to retain a lawyer to review what all has transpired and likely have to pay out  of pocket for a retainer to get an actual review beyond "thanks - not interested, but I wish you luck."    ... Read More
Esssshhhhh.......thats the problem with Pro-se case handling, 99% of the litigant think they are the 1% that can actually do so effectively. At this... Read More
First, your Dad will need to retain a lawyer to review this. Second, it is clear that the transaction did not leave your father homeless though it may have left you or decendants homeless since once your father passes the property is fully owned by someone else. This is often done for finaicial reasons. What is equally clear is the explanation you provide "rented by a grandchild" makes zero sense if your father continued to live in the house and no grnadchild moved in. This needs an independent review to figure out what ACTUALLY occured and then what to do about it. ... Read More
First, your Dad will need to retain a lawyer to review this. Second, it is clear that the transaction did not leave your father homeless though it... Read More

Can I sue my attorney?

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
Possibly - but it sounds like it would have to be some mighty bad advice to shift that kind of liability from you being responsbile for your actions to a lawyer. 
Possibly - but it sounds like it would have to be some mighty bad advice to shift that kind of liability from you being responsbile for your actions... Read More
These are serious allegations and you will need to be ready to prove them BEFORE you start the maelstrom that will ensue. There is no inherent "malpractice" nor claim for money damages simply from what you described though it may have ethical implications. YOu can file a bar complaint about the improper relationship and then go from there. ... Read More
These are serious allegations and you will need to be ready to prove them BEFORE you start the maelstrom that will ensue. There is no inherent... Read More