Lydecker Diaz Appoints Patrick Russell as Partner

Patrick Russell

Russell brings more than twenty years of diverse legal experience to role, including active trial practice, insurance law, commercial litigation and ethics law

Miami-based law firm Lydecker Diaz recently hired Patrick Russell, Esq. as Partner in its Miami office, adding an accomplished attorney with decades of diverse legal experience to the firm’s growing practice. Russell has been practicing law in Florida since 1994 and his previous work includes more than twenty years in private practice, where he handled a wide range of casework. At Lydecker Diaz, Russell will continue to maintain an active trial practice throughout the State of Florida.

“Patrick’s legal experience and documented success – as well as his breadth of practice areas – make him a welcome addition to our team at Lydecker Diaz and complement our existing areas of expertise, including insurance, commercial litigation, and legal malpractice, while adding compliance, ethics, and lawyer regulation to the firm,” said Richard Lydecker, Founding Partner of Lydecker Diaz. “We very much look forward to leveraging his expertise to serve our clients.”

Prior to joining Lydecker Diaz, Russell was Ethics Trial Counsel for The Florida Bar. Before joining the Florida Bar as Ethics Trial Counsel, he spent the majority of his legal career – more than eighteen years – managing his own law firm. During that time, Russell maintained a busy and diverse practice that included both litigation and transactional work involving insurance law, business law, contracts and real estate.

Russell is a graduate of the University of Miami School of Law and Marquette University in his native Wisconsin. He is also actively involved in several professional and community pursuits outside of his legal practice. His memberships and activities include:

  • Chair – Health and Wellness Committee, ADR Section, Florida Bar
  • Florida Supreme Court Certified Civil Circuit Court Mediator
  • Alternative Dispute Resolution Section, Florida Bar
  • WIND, Windstorm Insurance Network member
  • Director for the nonprofit Making History Project (www.making-history-project.com)
  • Former Bar Grievance Committee Member, 11th Judicial Circuit
  • Past volunteer as a Guardian Ad Litem for minor settlements, 11th Judicial Circuit

Founded in Miami, Lydecker Diaz now encompasses twelve offices across Florida and the Northeast that specialize in complex commercial litigation, insurance defense, government liability and labor & employment law.

accounting malpractice

Accounting Malpractice 101: What You Should Know

Like any other professional, accountants are held certain standards and are required to abide by the law and follow these standards at all time when providing their services. In the instance that a client suffers direct losses due to the fact that an accountant did not fulfill their role as professional, that client is entitled to file an accountant malpractice lawsuit.

The GAAP – Accountant Standards Of Conduct

The particular rules that accountants are expected to follow are laid out by in the General Accepted Accounting Principles (GAAP) in addition to the rules listed by the American Institute of Certified Public Accountants in addition rules set by the State.

Certified public accountants, certified tax preparers, accounting consultants, and asset managers are all expected to follow specific guidelines and rules:

  • Do not knowingly misrepresent details or facts
  • There can be no conflict of interests
  • Only provide services that can be completed competently and with professional care
  • Meet the requirements of licensing
  • Keep client communications confidential

To establish a case of accounting malpractice, the claimant must have suffered monetary losses directly related to the alleged malpractice.

The Most Common Instances Of Accounting Malpractice

  • Maintaining substandard financial records
  • The preparation of incorrect financial reports and business statements
  • Failure to recommend an audit to clients
  • Making mistakes on tax returns
  • Giving out bad, incorrect, or illegal tax advice
  • Inventory errors
  • Fraud
  • Subpar evaluation of documents and financial statements

Breach of Contract

In accounting malpractice cases, breach of contract usually occurs intentionally or negligently. When an accountant deviates from standardized practices knowingly or carelessly, a case for accounting malpractice can be made.

For a breach of contract case to be viable in court, a few things must determined and established. First, there has to be an agreement between the accountant and the claimant to render professional services. After the establishment of an agreement, the claimant has to experience loss, damages, or financial harm that is a result of the accountant’s lack of professionalism or negligence.

Accountant Misrepresentation

When an accountant intentionally misrepresents details in order to mask their transgressions, an accounting malpractice case can be made based on those misrepresentations. To claim an accountant is guilty of intentional misrepresentation, a few things have to be established:

  1. There was an actual representation
  2. That representation was incorrect
  3. The misrepresentation is based on a current or past tangible fact
  4. The misrepresentation can actually be proved right or wrong
  5. The accountant persuaded the plaintiff based on that misrepresentation
  6. The plaintiff relied on that misrepresentation and suffered losses
  7. The misrepresentation can be directly tied to the losses.

Contact Lydecker-Diaz For A Legal Consultation

Accounting malpractice cases are intricate and often very complicated due to the specific determinations that must be made in order to establish a viable case. At Lydecker Diaz, we have years of experience in recovering damages for our clients that were victims to accountant malpractice. Our Miami accounting malpractice attorneys are ready to speak with you and are fully dedicated to your best interests. Contact us today for a legal consultation.

The 14 Most Common Kinds Of Legal Malpractice Errors

There are various errors that comprise a majority of the thousands of legal malpractice claims in the United States each year.

1. Failure to Know/Apply The Law

Failing to know or the apply the law properly is the most common type of legal malpractice claim in the United States. This legal malpractice error is defined almost exactly how it sounds.

Failure to know or apply the law can be defined in two ways:

  1. When an attorney is not fully aware of all the legal circumstances and details surrounding a case.
  2. When an attorney is aware of all legal principles but fails to implement appropriate strategies due to negligence.

2. Planning/Strategy Errors

Planning and strategizing is an absolute must before any legal proceedings. A planning or strategy error claim usually arises if an attorney does not plan adequately enough and this, in turn, hurts the client’s case.

3. Failure to File Documents Without a Deadline

Not having a deadline to file documents is not an excuse for not filing it. You would be surprised to know that this is a very common legal malpractice error. Attorneys are expected to file all necessary documents on their clients’ behalf regardless of time-sensitivity.

4. Inadequate Discovery Of Facts | Inadequate Investigation

This is a legal malpractice error that involves claims that the attorney didn’t perform a thorough investigation or did not use the appropriate methods of discovery to ensure an adequate investigation.

5. Failure to Calendar

Attorneys are required to stay on top of all deadlines, court dates, and documentation on behalf of their clients. If a lawyer is aware of a deadline but failed to take initiative and misses it, a case for failure to calendar can be made.

6. Failure to Know Deadline

When an attorney is completely unaware of a deadline or failed to know how the deadline applies in a particular case.

7. Procrastination

Procrastination claims arise when a lawyer simply doesn’t deal with a client’s matters in a timely enough fashion and this in turn leads to a loss for the client.

8. Failing to Obtain Client Consent

Failure to obtain client consent covers two instances:

  1. When the client claims that he/she would’ve made a different choice if the attorney had explained all the details, offered viable alternatives, or fully explained the risks involved.
  2. When a lawyer needs consent from a client to take action but fails to do so.

9. Conflict Of Interest

If a lawyer has a matter that conflicts with the interests of his/her client, a legal malpractice claim can be made. It doesn’t matter whether or not the attorney was aware of the conflict.

10. Fraud

One of the more self-explanatory claims, fraud is simply defined as any fraudulent actions taken by the attorney.

11. Failure To Follow Instructions

Another self-explanatory claim. Attorneys are supposed to follow the instructions of their clients and a failure to follow instructions claim can be made whether or not the failure was intentional or unintentional.

12. Error In Record Search

If a title, patent, or trademark search does not disclose important items on public record a case for error in record search can be made. This also applies when no public search was conducted when it should have been

13. Clerical Errors

Clerical errors refer to typographical errors and the transposing of numbers in legal documents that would have otherwise been corrected with effective proofreading.

14. Improper Withdrawal

This covers claims that an attorney has not properly withdrawn representation by due to lack of proper communication.

Contact Lydecker Diaz For Legal Malpractice Defense

At Lydecker-Diaz, our team of Miami legal malpractice attorneys has years of experience representing other lawyers in attorney malpractice claims. Contact us today to schedule a legal consultation.

Lydecker Diaz Opens Permanent Office in New Jersey  

Lydecker Diaz announced the official opening of its New Jersey office, ideally located in Jersey City’s Exchange Place financial district. The new office gives the firm a permanent space with room to grow, and adds to its footprint in the Tri-State area. It is located at the One Evertrust Plaza building, equal distance between the Grove Street and Exchange Place Path stations. The firm’s New Jersey team was previously housed in a temporary space.

It’s new 4,632 RSF office space will be led by senior partner Robert Pariser. Pariser, who manages both the New Jersey and New York offices, will lead a team of 12 attorneys, in New Jersey. Among them are new firm hires, associate attorneys, Matthew Biondi and Michael Goldman.

Find out more about the firm’s new permanent home and hires in New Jersey via Law 360 and NJBiz.

Recent Lydecker Diaz Win is a Win for Miami’s Real Estate Market

As Miami continues to be a destination for foreign investors looking to buy real estate, many of which are not fluent in English, translators are often used to help communicate in negotiating deals. A case won at the Third District Court of Appeal by Lydecker Diaz attorneys Joan Carlos Wizel and Mark Hendricks underscored that a broker must initiate negotiations through some affirmative act to bring the buyer and seller together and remain involved in the continuing negotiations, in order to claim commission.

Per Joan Carlos Wizel, this case was a win not only for the firm, but also for Miami’s real estate market. Learn more about the case and how it will impact the current foreign investment real estate landscape here.

1 2 3 24