Legal Question in Personal Injury in Florida

ineffective assistance of counsel

does ineffective assistance of counsel have a challenge in a civil personal injury case where failure to aprise and wrongful advice cause the plaintiff to be denied due process of law?


Asked on 11/04/07, 7:44 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: ineffective assistance of counsel

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Ineffective assistance of counsel is only a claim in a criminal case. If an attorney does not due his or her job properly in a civil case, it is called malpractice for which the attorney may be liable for damages to you. If you have proof of legal malpractice, you should consult an attorney.

Scott R. Jay, Esq.

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Answered on 11/05/07, 12:18 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: ineffective assistance of counsel

ineffective assistance of counsel is a term of art in a lawyer failing to act as constitutionally required in defending one charged with a crime. In a civil suit, the lawyer must act with reasonable care. It is essentially a negligence standard. You may check our legal malpractice site, which may answer some questions that you have:

florida-malpractice-attorney . com

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Answered on 11/04/07, 12:04 pm


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