Question 1

What constitutes attorney negligence in a Florida malpractice claim?

Accepted Answer

Attorney negligence includes: missing a statute of limitations (allowing a client’s claim to expire), failing to file required documents (missing court deadlines, failing to record documents), providing incorrect legal advice (advising the client to take an action that results in harm), failing to conduct adequate research (missing a controlling statute or case), conflicts of interest (representing adverse parties without informed consent), failure to communicate (not keeping the client informed of case developments), failure to follow instructions (ignoring the client’s directions about settlement or litigation strategy), and mishandling client funds (commingling trust account funds, failing to disburse properly). The standard is objective: what would a reasonably competent attorney in the same community have done under the same circumstances?

Question 2

How is causation proven in a Florida legal malpractice case?

Accepted Answer

Causation proof (the "case within a case"): the client must prove that, but for the attorney’s negligence, the client would have obtained a better outcome. This requires: trying the underlying case within the malpractice case (the malpractice jury must determine what the result would have been with competent representation), presenting expert testimony (a legal malpractice expert who can testify about the standard of care and the probable outcome of the underlying case), and demonstrating a quantifiable loss (the client must show the specific damages resulting from the attorney’s negligence). Causation is often the most difficult element to prove because it requires speculating about what "would have happened" in a hypothetical scenario.

Question 3

Do Florida legal malpractice claims require expert testimony?

Accepted Answer

Generally yes: Florida courts typically require expert testimony to establish both the standard of care (what a reasonably competent attorney would have done) and breach (how the defendant attorney’s conduct fell below that standard). The expert must be: a Florida-licensed attorney (or an attorney qualified to opine on Florida law), experienced in the relevant practice area (a real estate attorney for real estate malpractice, a criminal defense attorney for criminal defense malpractice), and able to testify about both the standard of care and causation. The exception: expert testimony may not be required when the attorney’s negligence is so obvious that a layperson can understand it without expert assistance (such as missing a filing deadline by months).

Legal Malpractice Attorney Negligence Claim

Attorney Negligence Claims in Florida

Common Negligence

Causation ("Case Within a Case")

Expert Testimony

Related Terms

Barnes Walker Litigation

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