What Counts as Attorney Malpractice in Florida?

November 20, 2025

Legal malpractice is shown using a textTrusting an attorney with a legal matter means relying on their competence, diligence, and integrity. When an attorney fails to uphold these standards and a client suffers harm as a result, that conduct may constitute legal malpractice. At Robert Eckard & Associates, we help clients throughout Florida pursue justice when professional negligence or misconduct undermines their rights.

Legal malpractice occurs when an attorney fails to act with the care, skill, or judgment that another reasonably competent attorney would exercise under similar circumstances. Dissatisfaction with an outcome is not enough; a client must prove that the attorney’s mistake directly caused financial or legal harm.

Understanding the Elements of Legal Malpractice

To establish a malpractice claim, four elements generally must be proven: duty, breach, causation, and damages. First, an attorney-client relationship must exist, creating a duty of care. Second, there must be a breach of that duty through negligence, error, or misconduct. Third, the client must show that this breach directly caused a measurable loss.

Common examples include missing filing deadlines, failing to communicate, neglecting discovery, or misunderstanding key legal principles. These errors can jeopardize an entire case. Consulting a legal malpractice attorney allows clients to evaluate whether the facts meet the legal threshold for malpractice and what remedies may be available.

If you believe a former attorney’s mistakes caused harm to your case, contact us to schedule a confidential consultation and review your options.

Common Forms of Attorney Negligence

Attorney negligence can take several forms. Some of the most common include failure to meet court deadlines, ignoring client communication, mishandling client funds, or providing incorrect legal advice. Each of these failures can lead to significant damage, from dismissed cases to financial loss.

Negligence may also occur when an attorney accepts a case outside their area of experience and fails to research the applicable law. In such situations, the attorney’s lack of preparation can directly harm the client’s position. Our negligence lawyer can assess whether a professional lapse justifies a malpractice claim.

To see examples of how our firm has resolved complex professional responsibility cases, visit our case results page.

Professional Misconduct and Breach of Fiduciary Duty

Not all malpractice arises from carelessness; some cases involve intentional wrongdoing. Attorneys owe clients a fiduciary duty of loyalty, honesty, and confidentiality. When an attorney acts against a client’s interests, conceals facts, or engages in deceitful conduct, they may be liable for professional misconduct.

Conflicts of interest, misuse of trust funds, or representation of opposing parties can also amount to breaches of duty. Clients who suspect such behavior should consult a professional misconduct lawyer to evaluate the evidence and determine appropriate legal action.

Learn more about our attorneys’ qualifications and professional ethics by visiting our Our Attorneys page.

How Florida Law Defines Attorney Malpractice

Florida’s Rules of Professional Conduct outline an attorney’s responsibilities, including competence, communication, diligence, and honesty. Violations may lead to both disciplinary action by the Florida Bar and civil liability for malpractice damages.

To succeed in a legal malpractice case, clients must often prove that the outcome of their original matter would have been more favorable if their attorney had acted appropriately. This concept, known as the “case within a case,” ensures that only legitimate claims move forward.

Because these claims are complex, working with an experienced legal malpractice attorney in Florida is essential to gather evidence, evaluate the underlying case, and pursue compensation. You can read more about our firm’s approach to complex litigation on our about us page.

Steps to Take if You Suspect Malpractice

Recognizing legal malpractice can be challenging, especially when the harm becomes evident only after a case concludes. Clients may later discover that their attorney missed a filing deadline or failed to present critical evidence. In Florida, the statute of limitations for malpractice claims typically runs for 2 years from when the misconduct was or should have been discovered.

If you suspect negligence or unethical behavior, document everything, request your case file, and consult a qualified attorney promptly. Acting quickly preserves evidence and strengthens your position.

For assistance evaluating a potential claim, contact a member of our legal team via our contact page.

Protecting Your Rights After Attorney Negligence

Attorney malpractice can have long-lasting financial and emotional consequences. Clients deserve accountability when their legal representation falls short of professional standards. At Robert Eckard & Associates, we help clients pursue fair outcomes, recover damages, and restore confidence in the justice system.

Our firm combines legal knowledge with practical litigation experience to build strong cases against negligent or unethical practitioners. Whether the issue involves negligence, fiduciary breach, or misconduct, we are ready to protect your interests and guide you through the process.

To learn more about how we can assist, contact us today.

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What Our Clients Say

I was referred to Robert by Ruge Law Group when they were actually KRG Law Group. They handled a car accident I was involved in. This was a business debt collection levied against our company by an employee’s debt collector. He and his colleagues handled it flawlessly. He and his staff are beyond impressive and do everything they can to take the cases brought before them. I came back to them with a very big case. I don’t want to dox anyone in the office other than the name on the business. However, they handled it in the most professional, respectful, and caring way possible. J, you did an amazing job and due diligence! Robert, I wanted to personally thank you for representing us in the past and in the future. You and your paralegals are above Top Shelf. This firm is straight Louis XIII.

I hired Drew to assist with a business dispute that I encountered with a fellow member of the Florida Bar. Drew was very professional and was able to negotiate a positive settlement for me.

I hired Mr. Patterson (due to another attorney's referral) to handle what I viewed as a complex case. Because of Mr. Patterson's knowledge of the applicable laws and forethought of opposing counsel's strategy, I'm happy to say the outcome was "excellent." I generally do not post but Mr. Patterson absolutely deserves a well appreciated applause for his legal performance. That said, I also referred him to my sister which also had successful results. Thank you, Mr. Patterson.

As always, you (and BK) are rockstars! I couldn't be more grateful to have you both on my side. I appreciate all that you both do.

You are amazing! Thank you so much! I’ll give you a 5-star review, you’re the best!

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