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WE ACCEPT MALPRACTICE CASES ALL OVER FLORIDA |
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What Is Legal Malpractice? |
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Some people incorrectly believe that "malpractice" connotes conduct that is worse or more serious than simple "negligence," but that is not normally the case. Legal malpractice is just ordinary negligence by a lawyer that causes injury or damage to the client or intended beneficiary of the services. It is no different in theory than negligence by a motorist who does not pay attention and runs a red light causing an injury.
Florida defines the standard of care as failing to do something that an ordinarily skilled professional would do, or alternatively, doing something that an ordinarily skilled professional would not do under the circumstances. In a malpractice trial the judge tells the jury about this definition, and after hearing the evidence of what happened the jury decides what they believe a reasonably prudent similar lawyer should have done under the circumstances. This decision by the jury is normally aided by the testimony of expert witnesses from both sides, who explain the legal standard of care issues during the trial.
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This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. |
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