Who Will Pay the Case Expenses?

Florida Legal Malpractice > Legal Malpractice Questions > Who Will Pay the Case Expenses?

If your legal malpractice case arose out of a mishandled personal injury or wrongful death case, then your malpractice attorney will generally advance all the expenses or “costs” of the case, and then be reimbursed for those costs out of the recovery.

Because of the complexities and proof requirements in malpractice cases, these out-of-pocket costs spent by the attorney on things like records, court reporters, expert witnesses, travel, and trial exhibits can easily reach the tens of thousands of dollars. In the more complicated cases, these costs might exceed one hundred thousand dollars.  If the case is lost, the client owes nothing for the expenses and the lawyer simply absorbs the loss.

In legal malpractice cases arising out of tax or business matters, the client may be expected to advance some or all of the expenses needed to prove the case; however, this is often negotiable.  Make sure you understand the arrangement on the front end of your case.

The Florida Rules of Professional Conduct will permit a lawyer to be responsible for the costs and expenses of the case and not charge his client for those expenses at the end of the case if there is no recovery. Many experienced legal malpractice attorneys will handle it this way. However, it is a matter of what is in your contract and there are some attorneys in Florida who require their clients to advance costs up front, or as the case proceeds, or at the end of the case, even if they lose the case. This is more common for legal malpractice cases arising out of complicated business transactions.

Who Will Pay the Case Expenses?

Legal malpractice happens frequently, and most clients don’t even realize it. We handle legal malpractice cases throughout Florida. We would like to hear about your case and see if we may be able to assist you in making a recovery.

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If you think you may be the victim of legal malpractice after working with an attorney in Florida, then please contact us today. We would be happy to review your case and see if we can help.

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