Legal Question in Legal Malpractice in Florida
State statute not used during mediation
In Sept 2006 my case went to mediation my atty refused to introduce a state statute on the advise of the case mgr a disbarred ny atty, Ithis statute states that a licensed mechanical contractor can work on certain equipment (lift station)and a licensed plumbing contractor cannot work on this specific equipment I believe this would have altered the outcome significantly also I suffered a heart attack in July 2006, which was never entered into during the mediation. Do I have a professional negligence action against my atty..
1 Answer from Attorneys
Re: State statute not used during mediation
In Florida, the substance of mediation conferences is secret -- that is, you cannot discuss or make public what occurs there without the consent of all the parties. The posting itself may violate the mediation privledge.
Because of mediation secrecy provisions, you probably can't put what happenned there into evidence. Further, it is u8nlikely that you could ever possibly prove that if something else had been presented there, that the mediation outcome would be altered.
It is an awfully high burden. You would need to prove that the ouitcome would be different. Just believing that would be the case is not enough. You would need evidence. I don't see any in your post.
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