What to Do About an Incompetent Attorney in Florida

At the time of retaining the services of the lawyer, you probably signed the “Statement of Clients’ Rights.” The Florida Supreme Court requires that both the client and lawyer read the terms and conditions in the agreement before signing it. This document also entitles you to 10 Basic Rights, including an estimate of the lawyer’s fee you’ll pay, as well as a client confidentiality agreement.  In case you’re not happy with the services of an incompetent attorney in Florida, and you don;’t want to represent yourself in court, you can file a complaint with the Bar Association. Lack of communication and ethics, and demand for unfair fees, can also be grounds for complaints. 

However, these procedures typically take time and if you have an ongoing lawsuit, you might want to take steps right now. Here’s what you can do.

Contact the Attorney for Information

If you think that the lawyer is not handling your case well, get in touch with them, and request an explanation. Make an appointment and communicate your concerns. If you don’t get a satisfactory response, you have the right to fire an incompetent lawyer in Florida. Write a letter outlining your reasons for terminating the attorney’s services. Make sure to send it via certified mail complete with a request for a return receipt. 

Ask for a copy of your file along with any correspondence and records of the proceedings in court. In case the lawyer has any property belonging to you, request for its return. Do keep in mind that the attorney is entitled to any fees and unpaid costs. So, ask for an itemized bill. 

Lawsuits are Typically Time-Sensitive So Act Quickly

If the attorney is not responsive, it is advisable that you act right away. Hire a new attorney and get your file. If needed, you can visit the courthouse and retrieve a copy of your case documents along with the paperwork filed in court. Discuss the details of the case with the new attorney. 

You’ll likely get valuable advice about whether the case was handled correctly and if there are any alternative approaches that can give you favorable outcomes. Get help to meet all deadlines and comply with court procedures and orders. Inquire if there are any errors or discrepancies in the handling of your case, get them resolved, and ensure that the matter moves along. 

You Can Always Fire an Incompetent Attorney in Florida

As the client, you always have the option of firing a lawyer if you’re not convinced that they are handling your case competently. The only downside is that you’ll have to take the time to provide detailed information to the new attorney and give them time to catch up with the proceedings. If your trial is scheduled in the near future, working out a strategy within a short span can get complicated. 

You’re Entitled to Sue the Attorney for Malpractice

You have the option of putting in a request with the state bar association for malpractice and suing the lawyer in a small claims court for damages for the costs incurred. The law entitles you to sue for compensation for the money you spent on trying to retrieve the file and undoing the damage because of the attorney’s ineptitude. 

To qualify for damages, you’ll prove that the lawyer’s mistakes resulted in financial losses. However, be sure that you would have won the case if it had been handled properly. Find out all you can about how malpractice suits work and the time frame within which you should sue for a better chance to get reimbursed. 

An incompetent lawyer can cause you to not just lose the case, but you might also go through unnecessary financial setbacks and anxiety. Consult the lawyers at Smith & Eulo for expert advice on what to do next. 

If you or your loved one find themselves in a situation where you are dealing with an Incompetent Attorney, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources