Legal Question in Legal Malpractice in Florida

Re: Attorney misrepresentation

This is a tough one to answer over the Internet. A lot depends on the specific facts, many of which are not in your question. If the statute of limitations has not expired and a lawsuit has not been filed, it would be very very difficult to bring a malpractice claim if you fail to find a lawyer after YOU discharge your current lawyer and fail to find a replacement. Start looking for a lawyer now and discuss this with your current lawyer. You may or may not owe a fee if you discharge your lawyer. If you would like to discuss this in greater detail, feel free to give me a call or e-mail.

If the lawyer represented to you that he handles injury claims, but in fact does not, that would an issue for a Bar disciplinary proceeding. However, if the representation is not in writing or otherwise confirmed, action is not likely if it is simply a swearing match between you and the lawyer.

Re: Attorney misrepresentation

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If it has only been 12 months since the accident, then you have plenty of time in which to retain a new attorney and file suit for damages, if appropriate. On the other hand, if you approached the attorney later on after the accident occured, this might be a serious concern. You need to retain new counsel to file your suit if you believe that the first attorney is unable or unwilling to do so. If you contribute to the delay, that will limit any award, if any, in a malpractice suit.

Disciplinary action might be possible through the Florida Bar depending on the actual facts of the matter. You can contact the Florida Bar and discuss this with a staff attorney to see if any action might lie. You might be able to sue for malpractice is the attorney delayed filing the suit and now the statute of limitations has expired.

Scott R. Jay, Esq.