So about once a day lately I get a call about legal malpractice. Everyone is looking to blame someone (not their fault of course) for their economic woes, and who's better to blame than a lawyer.
The test under Florida law according to a recent appellate case is as follows:
"Establishment of the attorney-client relationship — and thus the attachment of the concomitant rights and duties of each side to the relationship — does not require a written agreement or evidence that fees have been paid or agreed upon. The Florida Supreme Court has said that the test for an attorney-client relationship 'is a subjective one and hinges upon the client’s belief that he is consulting a lawyer in that capacity and his manifested intention is to seek professional legal advice. However, this subjective belief must . . . be a reasonable one.' The Fla. Bar v. Beach, 675 So.2d 106, 109 (Fla. 1996). See also Gonzalez v. Chillura, 892 So.2d 1075, 1077 (Fla. 2d DCA 2004); Dean v. Dean, 607 So. 2d 494, 497 (Fla. 4th DCA 1992)."
Get ready, lots of these suits are a comin'.
Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com
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