Category: Legal Malpractice

Another Insurance Agent Scam in Our Area

Our Florida insurance attorneys saw another unfortunate news story about an unscrupulous insurance agent scamming his customers out of their hard earned money. This happens too frequently (see a previous blog post here) and Florida insurance customers need to be informed and mindful of potential scams and shady agents and insurance companies. This recent scam was committed by 45 year old Boynton Beach insurance agent Kenneth Sachs and he was arrested last week by Palm Beach County deputies for embezzlement and misappropriation of insurance funds. Continue reading “Another Insurance Agent Scam in Our Area”

Legal Ethics Complaint Against States Attorney Dropped

Our Palm Beach legal malpractice attorney was interested to read recently in the Sun-Sentinel that the complaint against State Attorney Michael McAuliffe has been dismissed by Florida’s Commission on Ethics after the complaint was deemed legally insufficient. The complaint, which was filed by a police officer named Rick Sessa earlier this year, alleged that McAuliffe had abused his prosecutorial discretion by dropping and reducing charges against two other police officers. The two officers in question were caught on video beating and kicking a suspect after he had been subdued and handcuffed. Sessa’s complaint against McAuliffe charged that McAuliffe had dropped charges against one officer altogether and dropped the charges against the other down to a misdemeanor, all in hopes of gaining the endorsement of the Police Benevolent Association for an upcoming re-election bid. Florida Legal Malpractice

The Florida Commission on Ethics dismissed the complaint, saying that Sessa failed to allege enough concrete facts to support his claim. They ruled that the complaint consisted mainly of speculation and conclusion-drawing. The Commission’s decision does not reflect the validity of the charges against McAuliffe; it is simply a legal conclusion that states there simply is not enough evidence to move forward on the complaint.

Part of what makes it difficult to prove a claim like this one is that state attorneys like Michael McAuliffe have an enormous amount of discretion in determining whether or not to bring charges against any individual and what charges to pursue. The reason for giving prosecutors so much discretion is to allow them to take circumstances into consideration when deciding whether or how to prosecute. For example, a young man who steals food from a grocery store to feed his family may not be prosecuted the same way as he would be if he stole a television or other non-necessity. Because of all of the many ways that a particular law can be technically violated, it is usually not practical or reasonable to try to include them in the language of the law itself. The prosecutor’s nearly unfettered discretion allows him or her to make the exceptions that are necessary. Continue reading “Legal Ethics Complaint Against States Attorney Dropped”

Lawsuit Aims to Expose Inadequacies of Temp Lawyers

When meeting with a West Palm Beach personal injury lawyer it is reasonable for all local residents to expect to have one-on-one meeting with their attorney and receive close, personal updates with the professional regarding their case. Of course, it is also reasonable for local clients to expect that their Florida injury attorney that they are meeting with is the one who is doing the work on the case and ensuring that everything is developing accordingly. Our office prides itself on this close, client-centered relationship–no residents should tolerate anything less. Continue reading “Lawsuit Aims to Expose Inadequacies of Temp Lawyers”

Attorney General Institutes Lawsuit Against Florida Attorney for Legal Malpractice

Florida Legal MalpracticeWith the economy’s rapid decline, many consumers, even those who once thought they had excellent job security, have found themselves unemployed and in dire straits. Some have had to rely on credit cards and have gone into debt trying to feed their families and maintain the lifestyles they had before losing their jobs. As the economy has continued to struggle many struggling families have seen their credit card balances grow. Now, many people are struggling to find their way out from underneath mounting debt, even while they continue to try to keep food on the table and clothes on their backs. Continue reading “Attorney General Institutes Lawsuit Against Florida Attorney for Legal Malpractice”

Helpful Tools to Help Prevent Florida Legal Malpractice

The legal profession is one of the most closely guarded professions in the United States. Before being permitted to practice law in most states, including Florida, lawyers are required to attend an accredited law school and earn a Juris Doctor degree. Typically, this involves a minimum of three years of law school, in addition to a four-year degree from a college or university. After completing law school, Florida attorneys must then sit through a grueling two-day examination and pass a character and fitness review before they can be admitted to the state bar and be legally allowed to practice law. In addition, some attorneys take the added time to go through the intense testing and examination process of earning an extra accreditation within a specific area of the law. For example, our Palm Beach attorney has been Board Certified in Civil Trial law for nearly two decades. courthouse.jpg

The reason that the practice of law is so carefully controlled is because of its great importance to Florida citizens. Lawyers have an abundance of knowledge on complicated questions of law, including estate planning issues, tax liability questions, contract disputes, lawsuit filings and defenses, and much more. Most laypersons are unable to effectively manage their own legal affairs because they simply have not received the necessary training to do so. Therefore, they often must rely on lawyers to handle important matters in their lives. Continue reading “Helpful Tools to Help Prevent Florida Legal Malpractice”