When you hire a personal injury lawyer, you are placing your legal, financial, and perhaps even medical future in their hands. Unfortunately, attorneys are only human and are capable of making mistakes just like anyone else. While in some cases these mistakes are innocent and easily fixable - like not filing enough copies of a document with the court - other times, the mistakes are willfully ignorant.
When an attorney blatantly disregards legal ethics they are liable for facing serious disciplinary action, including losing the right to practice law. If you suspect your attorney of wrongdoing, continue reading to learn the top 10 most common personal injury lawyer ethics violations you should look out for - and what to do about it.
What Is an Ethics Violation?
An ethics violation is a breach of the Rules Regulating The Florida Bar, the rules the Supreme Court of Florida adopts and enforces for every lawyer licensed in this state. Chapter 4 of those rules, the Rules of Professional Conduct, follows the American Bar Association's model rules. Chapter 3, the Rules of Discipline, sets out how the Bar investigates a lawyer who breaks them. Two different things can go wrong when a lawyer mishandles your case, and they are handled in two different places:
- Attorney misconduct is a breach of the Rules of Professional Conduct, such as over-billing a client or hiding evidence. The Florida Bar takes it up as a disciplinary matter and the Supreme Court of Florida imposes the discipline.
- Legal malpractice is not a Bar rule at all. It is a civil claim you file in court when a lawyer fails to represent you competently and you lose money because of it.
10 Most Common Personal Injury Lawyer Ethics Violations
Conduct that gets a personal injury lawyer disciplined often supports a malpractice claim as well, because one act can breach both a Bar rule and the duty the lawyer owed you. These ten come up most often:
- Undisclosed conflict of interest
- Seeking to avoid a court appointment without good cause, which Rule 4-6.2 forbids
- Theft, misuse, or unauthorized "borrowing" of client money held in trust under Rule 4-1.15
- Financial or other abuse of vulnerable or incapacitated clients
- Dishonesty in a fiduciary capacity, such as a guardian, trustee, or executor
- Lack of due diligence, such as missing the deadline to file a lawsuit
- Revealing confidential discussions with a client
- Hiding evidence or failing to disclose all relevant facts
- Sexual conduct with a client that exploits the client or damages the lawyer-client relationship, which Rule 4-8.4(i) prohibits
- Improper termination of the attorney-client relationship, including abandonment, which Rule 4-1.16 governs
How Can an Ethics Violation Affect Your Case?
An ethics violation can irreparably sabotage your personal injury case. Attorney misconduct or legal malpractice can cause you to receive a lesser settlement amount than you deserve, cause you to lose your case, or even prevent the case from making it to a court of law in the first place.
For example, when a personal injury lawyer fails to use the skill and care typically expected of a competent attorney, he or she could fail to prepare for trial, miss an important deadline, or fail to follow court orders. Likewise, an attorney can fail to act in your best interests and represent another client whose interests oppose yours. When your personal injury lawyer is not working diligently and honestly on your case, you could potentially lose out on the damages you're seeking.
What to Do If You Suspect Your Attorney of Wrongdoing
At Weinstein Legal Team, our team has come across many clients who suffered through inadequate representation before they came to us for help. For some, suing their attorney for legal malpractice or attorney misconduct can be an effective way of getting compensation for their losses. Cases typically fall under three categories:
- Negligence
- Breach of contract
- Breach of fiduciary duty
To prove legal malpractice you must show the attorney owed you a duty of competent representation, breached that duty, and that the breach cost you money. Florida Statute 95.11(5)(b) gives you two years to file a professional malpractice claim, running from the time you discovered or reasonably should have discovered the malpractice, and it limits the claim to people in privity with the lawyer. These cases are hard to argue, since you are taking on an attorney in the one place they are most comfortable, so look at the alternatives below before filing suit.
Options to Remove Yourself from an Unethical Case
Personal injury law can be complex, and it doesn't help matters that most clients are injured and trying their best to heal during the time of litigation. However, there are times when what your personal injury lawyer should tell you and what actually occurs are nowhere near the same thing. For example, a personal injury lawyer should inform you of any legal fees, their experience with your type of case, if they have the capacity to handle your case, and so on.
When you suspect your lawyer is acting unethically or is negligently mishandling your case, consider these options:
Switch Lawyers: If in the midst of your case you fear that your attorney is not acting ethically, it's almost never too late to switch lawyers. In fact, you can fire your lawyer the day before your trial if you'd like.
Report the Attorney to The Florida Bar: If you believe your lawyer is ignoring the ethics rules, you can file a complaint through the Bar's Attorney/Consumer Assistance Program, which the Division of Lawyer Regulation runs. Discipline itself is imposed by the Supreme Court of Florida. If a lawyer took money out of a client trust account, the Bar's Clients' Security Fund, governed by Chapter 7 of the Rules Regulating The Florida Bar, can reimburse a proven misappropriation. It does not cover negligence, malpractice, or a fee dispute.
Request a Fee Arbitration: If you and your attorney disagree about attorney fees, ask for fee arbitration. The Florida Bar runs a voluntary program for exactly this under Chapter 14 of the Rules Regulating The Florida Bar, Grievance Mediation and Fee Arbitration. An arbitrator hears evidence from both sides and decides what fees are owed, and the decision binds both of you once you both agree to arbitrate.
How to Research a Lawyer Before You Hire One
The best way to prevent working with an unethical lawyer? Do your own due diligence before signing any contracts. Before you hire a lawyer it is critical to conduct research. Begin by searching for attorneys with experience with your type of case, whether that's an auto accident, slip and fall, or so on.
Check out the attorney's website. Do they have any resources for you to learn more about their firm, staff, or practice areas? Are there attorney reviews on the site, or on other reputable resources?
Check the lawyer's record with The Florida Bar before you sign anything. The Bar's free member directory lists every Florida lawyer's license status, date of admission, and public disciplinary history. The Division of Lawyer Regulation also runs the Attorney/Consumer Assistance Program, the Bar's intake line for consumers who think a lawyer has acted unethically.
Lastly, schedule a free consultation with the attorney, or attorneys, you are considering. Bring a written list of questions: how many cases like yours they have handled, who at the firm will do the day to day work, how the contingency fee and case costs are calculated, and what you owe if the case is lost.
When your instincts tell you that your personal injury lawyer is not being truthful with you, or is not handling your case to the best of their legal ability, listen. At Weinstein Legal Team, our personal injury lawyers go through the fee agreement line by line before you sign it, put case updates in writing, and tell you plainly when a case is worth less than you hoped. Do not settle for unethical or negligent representation. If you have spotted one of these ten common personal injury lawyer ethics violations, contact Weinstein Legal Team today.
