David J. Chesnut, P.A.
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Legal Malpractice

Legal Malpractice

Stuart Florida Lawyer Handling Attorney Negligence Lawsuits

Lawyers make mistakes and mistakes are inevitable in a profession as complex as the law. Many times, the mistakes can be corrected. But, there are times when the error or errors are so serious or prevalent that they seriously damage or even destroy the client's case. That is when a mistake becomes a legal malpractice case.

David J. Chesnut, P. A. defends clients against allegations of wrongdoing and also prosecutes claims on behalf of plaintiffs affected by a lawyers conduct that falls below the generally accepted standard of professional performance. Experienced in handling ethics charges and complaints before the Florida Bar on behalf of clients, call David J. Chesnut, P.A. today to evaluate a possible claim.

David Chesnut Will:
  • Review the facts
  • Discuss your options
  • Aggressively prosecute your legal malpractice claim
  • Help you recover the damages you deserve.
Types of Legal Malpractice Claims
  • Negligence - Negligence happens when your attorney fails to use the skill and care normally expected of a competent attorney
  • Breach of fiduciary duty - Breach of fiduciary duty usually occurs when your lawyer has a conflict of interest that harms you in some way
  • Breach of contract- When lawyers violate the terms of their specific agreement with their client.
Signs of Legal Malpractice

Silence or Delay Can Be a Sign of Legal Malpractice

Clients occasionally complain that their attorneys stop communicating with them when a problem arises in a lawsuit the attorney is handling, or when a dispute arises with respect to a legal document drafted by the attorney. Unfortunately, when some attorneys believe they have committed legal malpractice, they react by avoiding the problem, as opposed to disclosing the error to their client.

Most Common Areas of Legal Malpractice
  • Failure to meet court deadlines
  • Failure to timely file documents: deeds, UCC, Security Agreements
  • Failure to act within Statute of Limitations
  • Negligently drafted Legal documents
  • Abuse or misuse of client trust funds
  • Failure to know the law or perform adequate research
  • Failure to properly advise the client
  • Failure to communicate with client
Statute of Limitation for Legal Malpractice in Florida
Section 95.11(4)(a), Florida Statutes, provides that in an action for professional malpractice, other than medical malpractice, whether founded on contract or tort, the 2 period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.

Swift action on your injury claim can greatly increase your chances of success. Contact David J. Chesnut P.A , When Experience Matters. There is never a fee for a consultation.

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David J. Chesnut, P.A.
215 SW. Federal Hwy., #101
Stuart, FL 34994