Information
Answers to Frequently Asked Questions:
1. What is a contingency fee? Are the costs also contingent?
Our law firm represents clients on a contingency fee basis on most matters. This means that you pay no fee unless and until we make a recovery on your case through settlement, verdict, or arbitration. If we are unsuccessful and do not make a recovery, you do not owe our law firm any attorney fees. While some law firms require that you pay for costs they advanced even if you lose your case, you are not obligated to reimburse our law firm for the costs that we incurred in pursuing your case in the event you lose your case under our standard fee agreement.
2. How long will it take to handle my case?
Unfortunately, there is no "one size fits all" answer to this question. Our experience tells us that most lawsuits we file in Florida state court are generally resolved by our law firm within a year to two years from the date of filing. Of course, there are exceptions to this general rule of thumb, and the filing of appeals may further delay the proceedings. Our law firm seeks to aggressively pursue cases on behalf of our clients and attempts to avoid all unnecessary delays.
3. What is the general progression of a typical case?
After a client retains our law firm, we gather and organize all documents that may be relevant to the case. In a legal malpractice case, this usually requires that we obtain a copy of the file maintained by the lawyer who is believed to have committed malpractice. We then review all information acquired and evaluate the merits of the case. Normally, a settlement demand will be sent to the defendant or his insurer. Often times, cases are resolved at an informal settlement conference referred to as a pre-suit mediation. The pre-suit mediation process can save both sides time, cost, and attorney fees. More often than not, however, the defendant or his insurance company refuses to settle the claim and a lawsuit must be prepared and filed. Following service of the complaint, the parties exchange written discovery. Depositions are taken of the parties and witnesses and the case is noticed for trial. The attorneys attend a hearing at which time the court assigns the case to a trial docket. The court may also order the parties to attend a mediation prior to the trial. If the parties cannot reach an agreement on settlement, the case will proceed to trial.
4. What types of legal malpractice cases has the firm recently handled?
Morris, Widman & Keim, P.A. has handled a broad range of legal malpractice cases. Legal malpractice can and does occur in just about every area of the law. The firm has evaluated and handled legal malpractice cases involving issues of complex business and tax transactions, real estate, divorce, injury claims, estate planning, and litigation. These claims frequently involve instances of attorney negligence, professional misconduct, unethical behavior, and even theft.
5. How is legal malpractice most commonly committed by a lawyer?
There are common scenarios that give rise to legal malpractice claims. Here are the top 10:
x. The failure of senior lawyers to adequately mentor and supervise new associates on complex matters.
ix. Theft, fraud, self-dealing, or engaging in a business relationship with a client to the client's disadvantage.
viii. The failure to carry out the client's expressed intent through errors in the drafting of legal documents or through the reliance on invalid propositions of law.
vii. Advising clients to pursue courses of action based on invalid or overruled legal precedent.
vi. The failure to join all necessary parties to an action.
v. The failure to appropriately and clearly limit the scope of representation of a client.
iv. The failure to recognize or fully investigate a claim or defense resulting in the inadequate defense or prosecution of a claim.
iii. The failure to recognize conflicts of interest and withdraw from a case or matter when continued representation would act to the detriment of one or both clients.
ii. The failure to timely file a motion for attorney fees, claims against an estate, notice of appeal, or to take other action that becomes time barred during the prosectuion or defense of a case in litigation.
i. The failure to file a lawsuit on behalf of a client prior to the expiration of the applicable statute of limitations.