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Florida Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Florida on
Q: What is a fee division between attorneys and is it beneficical for the client, thank you
Keith Petrochko
Keith Petrochko answered on Feb 28, 2016

A fee devision is when more than one attorney (often from different offices) work on your case and split the fee accordingly. It can be favorable as it should not cost you anything additional and you get two or more individuals helping you with different knowledge bases.

2 Answers | Asked in Personal Injury and Legal Malpractice for Florida on
Q: Attorney harassing another attorney and their client

If a personal injury lawyer calls and harasses another lawyer, which is his opponent and his opponent's client, stating that he knows that the client is exaggerating his claim, what is the ethical violation and what should of the personal injury lawyer done instead?

Keith Petrochko
Keith Petrochko answered on Feb 10, 2016

The lawyer shouldn't be contact a represented individual, but its a given that lawyers will talk about, and have differing views on, a shared case.

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1 Answer | Asked in Legal Malpractice for Florida on
Q: What r litigant opt when u hire lawyer & 4 6+ month paid consistent wkly w/no case movement then miss month & get drop

Or when you talk to staff to find out what's going on (you've been patiently waiting) and the way they get you off the phone is to either threaten to convert you to hourly or to withdraw? I have been more than patient.....haven't been argumentive. I get this from one para-legal but not the other.... Read more »

Adam Studnicki
Adam Studnicki answered on Jan 13, 2016

More info is needed. Check with a local malpractice or ethics lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Legal Malpractice for Florida on
Q: Can. Non refundable fee to an attorney be returned in part for misrepresentation

I was told I could lose my condo over a document with my name listed as the third trustee and that I needed to hire a lawyer for a $7500.00 non refundable retainer

Robert Jason De Groot
Robert Jason De Groot answered on Jul 16, 2015

You did not ask a question here. Non-refundable retainers are not refundable, generally.

1 Answer | Asked in Legal Malpractice for Florida on
Q: I'm a retired litigation/trial paralegal doing some free lance work. I have a potential clienthat wants me to do all th

things I did as an employee of an attorney. Write and file motions, diary and answer discovery, etc. He'll sign as pro se litigant. I don't want to take a chance of practicing law. I'm leaning on sending him to the Fla Bar for a referral. Advice?

Robert Jason De Groot
Robert Jason De Groot answered on Jul 10, 2015

Before, you acted under the direct supervision of an attorney, and if you are not doing it that way you are practicing law without a license.

1 Answer | Asked in Legal Malpractice for Florida on
Q: If a legal malpractice event is performed by a Florida lawyer consulting a Tennessee one which state I hire?

A person consulted in TN was advising the client and her lawyer in FL but was not a lawyer at all.

Robert Jason De Groot
Robert Jason De Groot answered on Mar 16, 2015

I do not understand this question. Please rephrase it or contact an attorney to discuss the facts and circumstances.

1 Answer | Asked in Legal Malpractice for Florida on
Q: what can I do to get my money back from a lawyer that take $4,300 for adjustment of status and never send off my paper

to the usics for 2years and make all my document and money order expired,and I no longer need is service

Robert Jason De Groot
Robert Jason De Groot answered on Mar 2, 2015

That was probably a non-refundable, minimum deposit to secure the services of the attorney.

1 Answer | Asked in Legal Malpractice for Florida on
Q: If a judge orders an attorney to withdraw from a case and she continues to communicate with him what is she charged with

The attorney was fired by me but continued to work with the other party and was still trying to work a deal..

Robert Jason De Groot
Robert Jason De Groot answered on Mar 2, 2015

I hope you have gotten a new attorney by now.

1 Answer | Asked in Legal Malpractice for Florida on
Q: my husband represented me as pr in my father's estate case and committed malpractice.

My siblings and I are being sued for a judgment that was awarded against the estate. Can I sue him?

Robert Jason De Groot
Robert Jason De Groot answered on Jan 12, 2015

You have given no facts which indicate what your conclusion is. Go see another attorney about this.

1 Answer | Asked in Legal Malpractice for Florida on
Q: what is the statute of limitations in bringing a malpractice claim against an attorney?
Robert Jason De Groot
Robert Jason De Groot answered on Dec 31, 2014

I believe it is 4 years, but might be only 2.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Hi,I am filling a complaint against attorney in my records are emails between attorney can I used them?

I fired the attorney and Requested my records, attached to the record were some emails between the attorneys. Can I used them in the complaint I am filing with the Florida bar?

Robert Jason De Groot
Robert Jason De Groot answered on Dec 27, 2014

You cannot file a legal malpractice case with the Florida Bar. They only address ethical problems. You would have to find a legal malpractice attorney and file suit in the circuit court, probably. I believe that the emails might be admissible if they are relevant and not immaterial.

1 Answer | Asked in Legal Malpractice for Florida on
Q: is it proper for a lawyer not to return a clients phone calls for 2 months

lawyer claimed he filed my lawsuit in federal court 2 months ago..he did not..and now for two months no one in his office has returned my calls

Keith Petrochko
Keith Petrochko answered on Dec 1, 2014

No, that is not proper. Send a certified letter describing your concerns and requesting a call, if that doesn't get his attention call the Florda Bar's Attorney Consumer Assistance Program (ACAP). They can be reached at 1-866-352-0707, I assure you they will get his full attention.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Is there a way around the fl 2 year statute of limitations on attorney malpractice?

My exs friend was our personal and corp attorney. While going thru divorce he drew a 220g personal loan to my ex from a friend guarenteed by the corp which allowed my ex to be released for any reason, the corp for no reason, payable on demand. If unpd forgo foreclosure and friend could take corp in... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Nov 14, 2012

This is not a malpractice issue. The statute of limitations on contracts is 5 years. It might be a fraud issue. Consult with a local attorney about this, and make the facts clearer.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Is recommending a choice forms to complete to a client consider a unauthorized practice by a paralegal?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 27, 2012

Paralegals cannot give legal advice, like attorneys can. All they can do is fill out forms for you. If one goes beyond that and gives you legal advice, report it.

1 Answer | Asked in Legal Malpractice for Florida on
Q: If an attorney uses his experience as a cop to entice clients, is he not obligated to admit he was kicked off the force?
Robert Jason De Groot
Robert Jason De Groot answered on Jul 26, 2012

We would need more facts, not just a question with a few facts, to determine an answer to this question

1 Answer | Asked in Legal Malpractice for Florida on
Q: What can I do if our paid Lawyer didn't represent our son as well as he should have. He didn't bring up some very

Important details of our sons case. He just let the state attorney decide on our sons sentance.

Robert Jason De Groot
Robert Jason De Groot answered on Jul 23, 2012

Perhaps make a 3.850 motion in a criminal case.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Are there any FL law schools where students can help if I represent myself?

My divorce attorney committed so much malpractice I ended up with less than 0 and no alimony from a 30 year abusive marriage. My ex took everything totaling almost 4 million. I've consulted malpractice attorney who agree it is a strong case but then found he had no insurance so won't take it. I... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Jul 23, 2012

The problem is that there is no deep pocket to go after. You cannot get blood from a stone. Money is the goal in a lawsuit of this nature. Law students cannot represent people in court and cannot give legal advice.

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