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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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Lets say you hired a law firm to handle some zoning work for

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Lets say you hired a law firm to handle some zoning work for you. It did not go well, so client and lawyer went their own ways. Lawyer says client owes him money. Client says he does not deserve the money because he committed legal malpractice in the first place. Lawyer sues client for funds owed. Client's lawyer representing him on the monies owed lawsuit has not yet filed a counterclaim for legal malpractice bc it is not his expertise. Case is in court-ordered arbitration. Question is whether client can bring up under Florida Arbitration laws the legal malpractice claim if it is not yet in the civil case as a counterclaim?

RayAnswers :

Hi and welcome to JA. I am Ray and will be assisting you tonight.

RayAnswers :

I am so sorry here you are having to go through all of this.

RayAnswers :

You would have to file a separate civil suit here for legal malpractice.It cannot be combined as a counter claim in arbitration.It will have to be a separate suit against the lawyer.You are going to need a malpractice lawyer to file and pursue such recovery.You may have great facts to support such a claim and suit.

RayAnswers :

You can locate a malpractice lawyer here.

RayAnswers :

Florida statutes provide that a legal malpractice suit must be filed within two years when the client knew or should have known that legal malpractice has been committed.

RayAnswers :

This is a collection suit you cannot raise a counter claim for malpractice in arbitration.You need to file a separate suit.

RayAnswers :

You can file a lawyer complaint against the lawyer for his actions/inactions with the state as well here.

RayAnswers :

I appreciate the chance to assist you tonight. I would urge you to locate a malpractice lawyer and pursue a civil suit and claim.You have two years to do so under the Florida law.

RayAnswers :

Thanks again please let me know if you have more follow up.Thanks again.

RayAnswers :

I appreciate the chance to help you tonight.

RayAnswers :

More good information about filing a malpractice suit.

RayAnswers :

I wish you good luck with all of this.I am sure this can be overwhelming.

Customer: replied 3 years ago.


I just found in the American Arbitrator Assos Rules, R-4, R-5, p. 19-20, that they talk about counterclaims. Doesn't that allow my to assert counterclaim in this non-binding setting?

You can try a counterclaim here with the arbitrator but I think you will find since you have not filed it in court here in a pleading they will not hear it.You can try the worst that happens is that you have to file your own malpractice counterclaim.Again you can try but the arbitrator may not agree to hear it if you have not filed any pleadings a counter claim against the other party in court.You can file a counterclaim if you have to in order to have it heard.

I wish you good luck here in arbitration.Maybe you can convince the arbitrator to allow the counter claim, if not file your counter claim with the court.

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Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

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