Florida Legal Malpractice Attorney Holding Negligent Legal Professionals Accountable 

William F. McMurry is the only Board Certified Specialist in Florida who holds certifications in Civil Trial Law & Legal Malpractice. He is certified as a Specialist in those areas by the Florida Bar of Legal Specialization, and the American Board of Professional Liability Attorneys. 

"Board certification recognizes attorneys’ special knowledge, skills, and proficiency in various areas of law and professionalism and ethics in practice. Established in 1982 by the Florida Supreme Court, board certification helps consumers identify specialists in various areas of law." -THE FLORIDA BAR

Tampa Legal Malpractice Lawyers

What is Considered a Legal Malpractice Case in Florida?

Lawyers must meet certain standards of ethical and professional conduct. If they fail to do so and their error harms their client, they can be held liable for legal malpractice. Legal malpractice is the term for any professional negligence, breach of contract, or breach of fiduciary duty by a lawyer while they are performing services for their client.

According to the American Bar Association, a mistake justifies a legal malpractice lawsuit when the attorney is negligent, the mistake causes damage, and the damages are significant. If another attorney would have behaved differently in your case, and you would have won your case if your attorney did the right thing, you likely have a legal malpractice lawsuit on your hands.

One classic example of legal malpractice is an attorney who fails to file a lawsuit before the statute of limitations expires. Because the client loses their right to legal action, they also lose any compensation they could have recovered. Missing a deadline is an error most attorneys would not make, so the situation warrants a legal malpractice claim—but only if the client proved to a “legal certainty” they would have won their case.

Millions Awarded in Settlements

See Some of Our Recent Results
  • Legal Malpractice/Living Trust Scam Settlement $16 Million
  • Legal Malpractice Settlement $950,000
  • National Trial Lawyers Top 100
  • Best Attorneys of America
  • Top 10 Nursing Home Trial Lawyers
  • Martindale-Hubbell Preeminent

How to Sue an Attorney Who Files Past the Statute of Limitations

If your attorney made a serious error that negatively impacted your case, or your ability to file a case, you can sue him/her. As proving legal malpractice is difficult, you will want to hire an experienced lawyer to assist you.

To win a malpractice case against an attorney, you must prove the following:

  • Duty (the attorney owned you a duty to act properly)
  • Duty was breached (the duty was breached, and the attorney acted negligently)
  • Causation (this conduct hurt you financially)
  • Damages (you suffered financial loss as a result)

What Happens When Your Lawyer Files Your Case Late?

If your lawyer missed a deadline, due to improper filing, late filing, or the fact that he/she just forgot, you may potentially have to forfeit your case. The attorney responsible for this could potentially be sued for legal malpractice depending on the deadline that was missed.

As a result, if you were pursuing a lawsuit, such as a personal injury lawsuit, you will not receive compensation for the damages you experienced if you must forfeit your case. For example, auto accident cases have a 4-year statute of limitations. If your personal injury attorney doesn’t file your case in time, you may be able to sue them for legal malpractice.

A Case Within a Case

Legal malpractice cases are special because there are 2 cases at hand:

  • The first case exists to decide whether or not an attorney was negligent
  • The second case helps determine whether or not the client suffered harm.

To prove damages, clients must not only prove their lawyer was negligent but also that they would have won damages had their attorney acted correctly. Because of this, legal malpractice cases almost always require expert witnesses “to determine that the attorney’s conduct fell below the standard of care.” These types of cases are difficult—and due to the cost of litigation—only worth pursuing if the damages are significant.

Board Certified Specialist in Florida in Civil Trial Law & Legal Malpractice

Board certification means the attorney has taken the extra steps to prove their competency, which is exactly what you want your lawyer to do; take the extra steps to assure your case has every chance of success. Just like other professionals, attorneys are people, and sometimes, they make mistakes. When their errors are significant enough to ruin your case or cause financial harm, however, you may be entitled to compensation via a legal malpractice claim. Four Rivers Law Firm can help determine whether you have a valid case and pursue justice against negligent attorneys.

To speak to a real attorney and get customized legal advice, please call us at 813-331-5056 or contact us online for your free consultation.

Our Mission

Our mission is to fight for the rights and justice of real people in a human way. Our staff specializes in several areas of law to give you the representation you need.

Why Hire Our Firm? 

  • Board Certified Attorney

    Our attorney is board certified in civil trial practice, medical malpractice and legal malpractice.

  • No Fee Unless We Win

    Our personal injury firm works on a contingency basis, which means that you don't pay us anything unless we recover compensation for your case.

  • Real Attorneys, Every Time

    Every time you communicate with our firm, you speak with a real attorney. You will be given the cell phone number of your attorney who is there for you every step of the way.

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