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Tampa Business Litigation Attorneys / Tampa Trust Estate Guardianship Malpractice Attorney

Tampa Trust Estate Guardianship Malpractice Attorney

Malpractice claims involving the execution of a trust, estate, or guardianship is legal action taken against a lawyer. It is also commonly referred to as professional negligence. Lawyers commit malpractice when the standard of care they provide falls below industry standards. Below, our Tampa trust estate guardianship malpractice attorney when a lawyer may have failed to provide a proper standard of care, how to prove these cases, and the possible defenses to litigation.

When Does Trust Estate Guardianship Malpractice Occur?

Malpractice claims involving trusts, estates, and guardianship can develop as a result of many different attorney mistakes. Our malpractice attorney can determine if your lawyer acted negligently by determining if any of the following occurred:

  • Letting the statute of limitations expire: The statute of limitations is the amount of time a person, or the lawyer representing them, has to take legal action. If a client contacts an attorney long before the statute of limitations expires but the attorney waits too long to take action, this can be an act of malpractice.
  • Mistakes in court proceedings: There may be many motions to respond to or court hearings to attend in trust, estate, and guardianship matters. When a lawyer misses any of these, it may be a case of malpractice.
  • Breach of fiduciary duty: All attorneys owe their clients a fiduciary duty to act in their best interests. If an attorney fails to act in their client’s best interests, it can be considered malpractice.
  • Mismanagement of fees: When an attorney collects fees but fails to perform the work as expected, or they misuse the funds before they have been rightfully earned, it can constitute malpractice.

How to Prove Trust Estate Guardianship Malpractice

Like in all legal scenarios, if you want to file a claim for trust, estate, or guardianship malpractice, you must prove certain elements of your claim. These include:

  • The attorney must have had a legal duty to act in your best interests,
  • The attorney must have acted negligent, and
  • The act of negligence must have caused you to suffer harm.

Proving malpractice is never easy. Simply providing lower quality service is not necessarily enough to establish that malpractice occurred.

Defenses to Trust Estate Guardianship Malpractice

If you are an attorney who is being accused of malpractice, it is important to know that there are defenses available. Legal malpractice claims are also governed by a statute of limitations, or a time limit. If this time limit has expired,  it can provide a defense in your case.

Additionally, if someone is trying to sue you but you never acted as their attorney, that may provide a defense. For example, if you worked for someone’s mother and did not include the child in the mom’s estate plan, they may try to sue you. Whether or not they will be successful with this strategy will greatly depend on the facts of the case.

Call Our Trust Estate Guardianship Malpractice Attorney in Tampa

Whether you need to file a lawsuit or are defending one, our Tampa trust estate guardianship malpractice attorney at BBDG Law can help. Call us today at (813) 221-3759 or contact us online to schedule a consultation and to get more information.