How can I get attorneys fees in Florida business lawsuits?

Are you trying to get attorneys fees from the other side of your commercial litigation lawsuit Palm Beach?  Or, perhaps you are defending a Boca Raton business or Florida Partnership in a breach of contract lawsuit and you were just offered to settle the case…… worried about not taking the settlement offer and then having to pay the other side’s attorneys fees after your business trial in West Palm Beach?  Consider reviewing the so called “offer of judgment” law on attorneys fees Florida from this recent, March 25, 2015, Florida 3rd District Court of Appeal legal malpractice case.

How long do I have to sue for legal malpractice Florida?

• The statute of limitations for suing a Florida lawyer for legal malpractice is two years
• You must file a lawyer malpractice lawsuit Florida within 2 years of when you discover or should discover the attorney malpractice
• Here are some important points to remember about suing a lawyer in Florida for attorney malpractice
• Are you in privity with the attorney who you claim committed malpractice?
• Are you familiar with the exceptions to the privity rule under Florida legal malpractice law?
• Have the damages been set?  Sometimes, if a Florida lawyer makes a mistake, there may be time to fix it and so the cause of action, or the malpractice lawsuit, hasn’t accrued yet, or begun yet.
• Have you quantified or added up your damages? What are you suing for malpractice over?
• Remember, you MUST have legal standing to sue a Florida lawyer for attorney malpractice and you must prove causation and damages.  No guessing.
• So, if you are an investor in a Boca Raton company can you sue the company’s business lawyer for malpractice?  Or should the Florida limited liability company sue?
• When did you discover that the Palm Beach Gardens attorney made a mistake or when should you have learned that?
• If you were supposed to be in  your rich Aunt’s Will from Jupiter, Florida, but her probate lawyer Palm Beach Gardens didn’t get the will written fast enough, do you have standing to sue for estate planning malpractice?

What do I need to know about getting attorneys fees with a settlement offer?

• Consider reading Florida law statute section 768.79 and Florida Rules of Civil Procedure 1.442
• This is what many business litigators refer to as the “offer of judgment” statute or law for attorneys fees in Florida litigation and trials.
• It’s actually a proposal for settlement.
• Can you try to settle the case for $500 and is that considered in good faith?
• A “nominal offer” to settle a Ft. Lauderdale lawsuit depends on whether the judge believes or finds credible your belief whether your exposure at trial was nominal.
• Read Isaias v. The H.T. Hackney Co., 40 Fla. L. Weekly D 753, Case 3D13-2593.