One of the most common types of legal malpractice is breach of fiduciary duty. A lawyer/client relationship is one of trust. When a lawyer accepts a client’s case, a fiduciary relationship is created and lawyers must comply with strict ethical standards. A lawyer must place his client’s interests above his own in every phase of the legal representation and in all legal advice given. Unprofessional or untimely legal advice constitutes legal malpractice.
A fiduciary duty breach occurs when a lawyer puts someone else’s interest above their client’s interest in a legal matter. A breach of fiduciary duty to a client occurs when an attorney:
- Sets aside cases that appear to be “minor”
- Asks clients to accept a minimal settlement when the facts indicate the client may have a bigger claim
- Fails to offer appropriate, timely and helpful advice
- Ignores a conflict of interest
- Files an improper document
Schuler & Lee, Florida Legal Malpractice Attorneys – Holding Others Accountable
Lawyers cause legal malpractice damages by missing a statute of limitations, not properly investigating the claim, suing the wrong party, or making other mistakes that cannot be corrected in the litigation at hand. The lawyer may then realize the mistake but fail to inform the client. A breach in fiduciary duty occurs when the lawyer then tries to convince the client to settle their claim for a minimal amount without disclosing the error. Then to cover up the mistake, the attorney switches sides in the case to disprove their client had a case in the first place.
This can cause you, the client, to become so discouraged so that you may accept a minimal settlement or the drop the case all together, while your lawyer has a list of excuses for their failures.
Don’t be a victim
If you have been the victim of a fiduciary breach of contract we can help you. We believe in holding lawyers accountable for their legal malpractice mistakes.
Call our team at Schuler & Lee if you have suffered legal malpractice damages. We want to hear about your potential legal malpractice claim and help you. Let us be your Florida legal malpractice attorneys. Call us at (904) 396-1911.