Legal Question in Legal Malpractice in Florida
attorney malpractice
I gave an attorney in N. Miami just under $1000. to start a lawsuit for me over a stolen vehicle. He miss handled the case, as time was ticking on the statute of limitations for it to be filed. He disappeared, and has since been permanently disbarred for miss handling money from other clients etc..
I never received my file, or my retainer and my case was not filed in time, or ever.
The Fl. Barr Association sent me some info for client funds.
Can I sue the attorney for malpractice, or do I just ask the Barr Association client fund for my retainer?
What rights may I have left now?
Because of him I have no chance to recover money for my vehicle, and I'm out my retainer after much aggravation dealing with the attorney.
Thank you for your help.
3 Answers from Attorneys
Re: attorney malpractice
Yes -- you can sue him, but usually disbarred attorneys do not have legal malpractice insurance and have few assets.
Re: attorney malpractice
You may still be able to pursue your claim against your insurance company for not paying your claim. How do you know that the statute of limitations has expired? Contact me if you want to discuss further.
Re: attorney malpractice
Sorry that this happened to you. Attorneys like this make us all look bad.
Yes, you can sue him for malpractice (which is usually a two-year statute of limitations, so be careful not to miss it), but what would a disbarred attorney be worth? Maybe nothing.
You should certainly seek your retainer from the Bar's client fund. And no rule says you can't do both, you just can't double-collect your retainer from both.
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