Legal issues are, naturally, significant factors in the business world. They appear in each element of commerce, from entity formation and the writing of crucial contracts to regulatory requirements, tax problems, and employer-employee interactions. Most professionals expect that the legal advice they obtain is properly provided and – at the very least – meets established industry standards.
But, what if that counsel doesn’t? What options does a corporate client have when legal advocacy ends up being detrimental to a company’s bottom line instead of beneficial? Here’s what to know.
Legal Malpractice Defined
In a perfect world, all legal information given to businesses is sound and leads to positive outcomes. However, this doesn’t always occur. Client expectations may not be met when lawyers make mistakes. Business owners cannot presume that a legal error is inherently actionable.
More has to be done. In order to initiate a suit against a lawyer for inadequate representation, several things should be established:
- A client-attorney relationship existed
- The attorney’s behavior fell below the acknowledged standard of care in the industry or undermined reasonable expectations of competency
- The failure of the lawyer resulted in measurable damages
- The client arguably would have had a better outcome if the lawyer had performed their duties correctly
Indicators of Legal Malpractice
The following behaviors may be indicators of legal malpractice:
- Your lawyer does not answer emails or phone calls
- Your lawyer goes long periods without reaching out to you
- Your attorney doesn’t prepare ahead of time for hearings
- You were overbilled
- There’s a conflict of interest
- Your lawyer misses multiple deadlines due to unexplained circumstances
How Legal Malpractice Impacts Businesses
Businesses rely on sound legal advice to make critical decisions that impact their revenue and their relationships with employees and customers. When an attorney fails to meet their contractual obligations, companies can lose time, money, and their reputation. Depending on the egregiousness of the error, the company may be required to pay fines, overhaul their business practices, and more.
When to Call a Business Litigation Attorney in Florida
If you suspect that your business lawyer has inadequately represented you, it’s important to meet with experienced litigation counsel as soon as possible. Contact Feinstein Real Estate Litigation & Business Law today by calling our offices at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).
Our team is available now to answer your questions and schedule an initial consultation to discuss your needs.