When professional services are performed in a substandard manner, it can cause tremendous harm to the clients who put their trust in these professionals. Business Trial Group attorneys are committed to holding professionals responsible for their misconduct and helping our clients receive proper compensation for their losses. Our business lawyers have significant experience representing clients who have been harmed by professional malpractice, including claims for:
Lawyer malpractice occurs when an attorney fails to exercise due care in handling a legal matter, causing harm to the client. Attorney negligence and legal malpractice can occur in either a litigation or transactional context, and in all areas of the law, including personal injury, commercial litigation, land use, real estate, corporate, tax, probate and estate, and contract drafting.
Attorneys in Florida must comply with the Florida Rules of Professional Conduct, which are established by the state’s Supreme Court. If an attorney fails to adhere to the Rules of Professional Conduct, legal malpractice may have occurred. Our West Palm Beach legal malpractice attorneys represent individuals and businesses that have been harmed by the negligence or intentional acts of all types of attorneys, as well as cases involving fee disputes with attorneys.
Certified Public Accountants (“CPA”) are bound by a strict code of professional conduct. When accountants fail to conform to Generally Accepted Accounting Principles (“GAAP”) and Generally Accepted Auditing Standards (“GAAS”), they may be committing accounting malpractice. Our West Palm Beach accountant malpractice lawyers represent individuals and businesses with claims such as:
- Filing improper tax returns
- Improper tax advice
- Improper maintenance of records
- Improperly audited financial statements
- Failure to detect fraud and embezzlement
- Incorrect reports to stockholders
- Accountant overbilling
Accountant negligence and accounting malpractice lawsuits can be extremely complicated and often hinge on legal interpretations of technical rules or accounting standards. Our accountant malpractice attorneys have a deep knowledge of accounting and finance principles, which will help you to determine the value of your claims and evaluate your legal options.
Insurance Agent Malpractice
When insurance agents or brokers fail to competently perform their duties, it can leave their insured with significant financial damages, but little or no insurance coverage. Our West Palm Beach insurance malpractice attorneys can help you file a lawsuit when agents of brokers fail to properly protect you. Our insurance agent negligence attorneys will work with you to recover the damages that have been caused by your agent’s or broker’s failure to procure the appropriate policy or coverage.
Our lawyers are experienced at litigating a diverse array of agent and broker malpractice cases involving homeowners insurance, general liability insurance, life insurance, car insurance, and many other types of policies. The Business Trial Group can assist you in bringing claims for negligent failure to procure insurance, insurance agents or brokers breach of fiduciary duty, breach of contract to procure insurance, and agents’ or broker’s misrepresentations.
Some common examples of insurance agent or insurance broker malpractice include:
- Failure to obtain the requested insurance coverage
- Selling inadequate or inappropriate coverage
- Failure to properly advise clients of coverage and exclusions
- Failure to account for changes in the insured’s circumstances
- Misrepresentations regarding the type, breadth, or amount of coverage
- Errors that lead to coverage being canceled or lapsing
- Submission of inaccurate information on insurance forms and applications
Florida Professional Malpractice Statute of Limitations
In Florida, the statute of limitations for filing a professional malpractice case (other than medical malpractice) is two years from the time that the malpractice was discovered or should have reasonably been discovered. Because of the two-year statute of limitations, it is important that you contact a professional malpractice attorney as soon as possible to discuss your legal rights.
Real Estate Litigation
The Business Trial Group's real estate attorneys represent purchasers, sellers, brokers, developers, appraisers, landowners, and tenants throughout South Florida. Our lawyers handle all types of real estate disputes, including claims for design and planning negligence, easements and title disputes, breaches of commercial leases and purchase and sale agreements, landlord-tenant disputes, inverse condemnation, and real estate commission disputes.
Our real estate attorneys also represent clients who have been damaged by the wrongful conduct of a real estate broker or agent. We handle claims involving real estate brokers’ and agents’ failure to disclose, breaches of fiduciary duties, misrepresentations, and conflicts of interest. Because our West Palm Beach real estate attorneys work on a contingency-fee basis, our clients pay no upfront legal fees and we only receive only a fee if we are successful in obtaining a recovery.
Shareholder & Partnership Disputes
Our West Palm Beach business attorneys are experienced at navigating the complex issues involved in disputes between small business owners, partners, and shareholders. We frequently represent clients in shareholder derivative litigation when majority partners, officers, directors, or board members commit misconduct that causes harm to the corporation. Our Palm Beach shareholder oppression attorneys also represent minority owners that have been denied their right to participate in, or enjoy financial returns from, a company.
Business Trial Group lawyers handle a wide range of partnership disputes, dealing with real estate, medical, accountant, and law firm partnerships, among others. We have successfully represented clients throughout South Florida that were victimized by dishonest partners in control of company assets and partners who were wrongfully ousted by controlling management. Some common partnership disputes our business lawyers handle include:
- Violations of partnership agreements, operating agreements, or bylaws
- Breaches of fiduciary duty
- Ownership and management conflicts
- Inappropriate executive compensation
- Misappropriation of assets and corporate theft
- Negligent or self-dealing management
The Business Trial Group also frequently handles disputes and litigation concerning mergers and acquisitions, buying or selling a business, and other complex business transactions.
Trust and Estate Litigation
Our West Palm Beach probate attorneys are committed to protecting our clients’ inheritance rights. We represent beneficiaries that are owed an inheritance, such as money, personal property, or real estate under a trust or will. Our accomplished trust and estate litigation attorneys are also experienced at handling claims for:
- Undue Influence
- Lack of Capacity
- Inadequate formalities
- Breach of fiduciary duty
- Removal of fiduciary
- Surcharge Action
In Florida, personal representatives of estates, guardians, and trustees are all fiduciaries and, therefore, must act within the highest legal and ethical standards. Fiduciaries that fail or neglect to manage assets with the utmost care and professionalism can be held liable for breach of trust or breach of fiduciary duty. The Florida trust code sets forth the standards of care that are applicable to personal representatives and trustees:
- Duty of loyalty: Fiduciaries must act solely in the interests of the beneficiaries.
- Duty of impartiality: If there are two or more beneficiaries, a fiduciary must act impartially in administering property.
- Duty of prudent administration: A fiduciary must consider the purposes, terms, distribution requirements, and other circumstances of the estate or trust. In satisfying the standard, the fiduciary must exercise reasonable care, skill, and caution.
- Duty to account: A fiduciary must keep beneficiaries informed of the administration and formally account for the assets.
If you need a probate litigation attorney or a trustee has violated the duties owed to you as a beneficiary of a will or trust, contact the Business Trial Group today for a no cost and no-obligation case review.