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.
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?
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.