Legal Malpractice

What is Malpractice?  

Malpractice  often occurs when a professional's misconduct or failure to use  adequate levels of care, skill or diligence in the performance of their  professional's duties cause harm to another.  Legal malpractice occurs  if the lawyer fails to exercise his or her legal expertise at a level of  care, skill and learning applied in similar circumstances by the  average lawyer in that legal community.  As most cases in family law are  resolved with mediation or settlement agreements, most legal  malpractice occurs as a result of those agreements.  A client may have a  right to infer that the agreement that he or she entered into addressed  all of those person's needs or rights both fairly and adequately, and  may have an ability to sue that attorney should it be discovered later  that it did not.  As most cases settle do so to save money, the attorney  may not possess knowledge whether the agreement divides all the  property that should be divided or whether the support  provisions  adequately address the needs or rights of the parties to the support  issues or their amounts. 

What should you do?

If you  suspect that you have been a victim of legal malpractice you need to  act immediately.  There is a  statute of limitation that bars you from  raising the claim after a short time has expired.  In Florida, you have  two years from the date that you should have or could have known that  you were injured.  Besides, you may be wrong about the malpractice yet  may retain an ability to set aside that agreement under a very narrow  set of circumstances that may apply.  When you have this ability you  have even less time to act.  You therefore should consult an attorney  immediately.   

Questions That Should Cause Alarm:

(Court records reveal these were actually asked in court)


1) Was that the same nose you broke as a child?

2) Now, doctor, isn't it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn't know anything about it until the next morning?

3) Q: What happened then? A: He told me, he says, 'I have to kill you because you can identify me.' Q: Did he kill you?

4) Was it you or your brother that was killed in the war?

5) The youngest son, the 20-year-old, how old is he?

6) Were you alone or by yourself.

7) How long have you been a French Canadian?

8) Do you have any children or anything of that kind?

9) Q: I show you exhibit 3 and ask you if you recognize that picture. A: That's me. Q: Were you present when that picture was taken?

10) Were you present in court this morning when you were sworn in?

How Can We Help?

Putting  humor aside we can help with this very serious matter.  Mr. Reiss has a  working relationship with malpractice attorneys who have a proven track  record throughout Florida.  He can help you by preparing a damage  report that the malpractice attorney will use in deciding whether to  accept your case.  He can also help you in trial by establishing the  amount of your damages.  As he has extensive working knowledge spanning  almost every financial issue in family law, he can help your attorney as  a consultant in understanding the merits of your case.  He knows well  hundreds of the best family law attorneys throughout Florida.  These  attorneys may be able to mitigate your damages.  Mr. Reiss also knows  well dozens of the best family law attorneys throughout the US and he  may be able to help you find one in your area.  Mr. Reiss has been  retained as an damage expert in legal malpractice  representing both the  claimant and the defendant.   He is listed in Best Experts in America  in Employment Law and Family Law.