Legal Question in Legal Malpractice in Florida

Is is legal for an attorney to take a probate case and take 28 months to get it done and then to claim that he did a good job when only two assets were involved and the one, a house I could no longer hang on to do to the delay. He did however present his bill at the closing which he did not attend as he did want to delay it further AND I called and end to it. Claims that he was to receive his fee from the sale of the house and I did not want to sell the house but had no choice,but in the beginning if he had gotten the payoff I could have afforded todo so.


Asked on 2/09/14, 10:54 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

It is legal. In an Estate the fees are subject to Court approval. The place and time to challenge them is before the Court approves them. The timing of the Estate itself is not necessarily the attorney's complete fault as the system can be slow these days. Not sure why the 28 months made a difference on preserving the asset or not. More acts are needed to assess the circumstances.

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Answered on 2/09/14, 11:36 am


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