Malpractice (Legal)
From Florida Legal Wiki
A legal malpractice action has three elements:
- the attorney's employment;
- the attorney's neglect of a reasonable duty; and
- the attorney's negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat'l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat'l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
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,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
