Back to my previous question.....concerning negligence or legal malpractice upon my attorneys in Florida:
You previously responded with the following:
If they fail to meet their professional duty and as a result you lose your case then, yes, you could use that for the basis of a malpractice claim.
They can withdraw at any time before trial.they do not need your consent but you can object to the court if your claim would be irreparably harmed by their resigning.
95.11(4)(a) Fla. Stat. (2002) states that a legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.”
The seminal case on when the statute of limitations runs in a legal malpractice action is the Florida Supreme Court case of Silverstrone v. Edell, 721 So. 2d 1173 (Fla. 1998). In that case at 1175, the Florida Supreme Court held:
“[W[hen a malpractice action is predicated on errors or omissions committed in the course of litigation, and that litigation proceeds to judgment, the statute of limitations does not commence to run until the litigation is concluded by final judgment. To be specific, we hold that the statute of limitations does not commence to run until the final judgment becomes final.
To be liable for malpractice arising out of litigation, the attorney must be the proximate cause of the adverse outcome of the underlying action which results in damages to the client. Since redressable harm is not established
until final judgment is rendered, a malpractice claim is hypothetical and damages are speculative until the underlying action is concluded with an adverse outcome to the client.
Today I received notice from my personal injury attorneys that after three years on this case they are resigning...and they are refusing to go to trial. They took this case three years ago and I am assuming never did any due diligence in gathering evidence at the scene of the accident that would have supported liability upon the insured. If they go to trial they would have nothing.....I would lose....and I would definitely have a malpractice claim for their negligence in preserving the necessary evidence to support liability. Originally they asked the insured for 325K then reduced it to 3K....and when I refused that offer they resigned. I now have a one year on the statute of limitations, have to find another attorney to take this case....they have clearly compromised me in a serious way.
I would think that if they believed there is or was no case here they would not have signed on. They took three years to figure it out....and that is unacceptable.
Question: If in fact they neglected to do any due diligence or discovery at the time of my accident to support liability upon the insured and if in fact they submitted a claim for 325K then wanted me to accept 3K...it appears that they really had nothing to support their 325K demand ...and if so I should have been informed sooner.
Do I have any claims against these attorneys for negligence, malpractice, breach of contract or fiduciary or anything else? Should I not be able to obtain counsel within the one year left on the statute and should there be no evidence of a rejection of my claims resulting from their lack of due diligence .....are there any claims against these attorneys for wrong doing? What are my options?