Ocean Springs Professional Malpractice Attorneys

When professionals fail to meet the standards of their field, the consequences can be costly. At Rushing & Guice, PLLC, we represent clients in Ocean Springs and across the Mississippi Gulf Coast in complex professional malpractice disputes involving attorneys, accountants, and other licensed professionals. Whether you are a professional defending your reputation or a client harmed by misconduct or negligence, our legal team provides experienced and strategic representation.

Partner William L. Guice III brings decades of experience in legal and financial ethics to every case. He has served as an expert witness in both plaintiff and defense matters, and is widely recognized for his knowledge of professional standards and duties.

Our law firm is committed to protecting our clients’ interests through careful case evaluation, informed legal strategy, and ethical, results-focused advocacy.

As professionals ourselves, we have a deep appreciation and understanding of the responsibilities and obligations that lawyers, accountants, and other professionals have to their clients. We accept meritorious claims from clients and defend professionals wrongfully accused.

We stand ready to assist all clients involved in matters of professional negligence, including those involving:

• Accountants
• Architects and design professionals
• Attorneys
• Financial services consultants and analysts
• Insurance agents and brokers
• Real estate brokers and agents
• Securities broker dealers

What Qualifies as Professional Malpractice in Mississippi?

In Mississippi, professional malpractice occurs when a licensed professional—such as a lawyer, accountant, engineer, financial advisor, architect, or real estate broker—fails to meet the accepted standards of their profession, resulting in harm to a client. These claims often involve allegations of negligence, ethical violations, or failure to perform duties with the level of skill and care expected in the field.

At Rushing & Guice, we represent clients in Ocean Springs who have suffered financial or legal harm due to professional misconduct, as well as professionals facing serious allegations. Our attorneys understand the high stakes of these disputes and the reputational and financial risks involved.

Professional malpractice cases are often complex and emotionally charged. They require deep knowledge of industry-specific standards, a clear understanding of legal causation, and access to respected expert witnesses. With decades of experience and a trusted network of professionals, Rushing & Guice delivers clear guidance and skilled representation to protect your rights and interests—whether you are pursuing a claim or defending one.

Legal malpractice in Mississippi occurs when an attorney’s actions—or failure to act—fall below the standard of care owed to a client, resulting in harm. These claims can be based on various legal theories, including negligence, breach of contract, breach of fiduciary duty, conflicts of interest, fraud, and mishandling of client funds.

Each theory has its own specific legal elements that must be proven by the plaintiff and can be challenged by the defense. Understanding the basis of the malpractice claim is essential to evaluating liability and potential damages.

Legal malpractice can arise from different theories of breach of the standard of professional care:

Negligence – Like all negligence claims, a claim of legal malpractice based on a theory of negligence requires that the plaintiff prove five elements: duty, breach of duty, cause in fact, proximate cause, and harm. Essentially, a plaintiff must prove that the documented harm caused was the direct result of a breach of a professional duty. To defend against a claim of negligence, the defendant must disprove any of these elements.

Breach of Contract – A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of a contract for legal services. This includes failure to perform in a manner that meets with professional standards. A breach of contract claim requires proof of essential elements: a valid contract, provisions of the contract, did a material breach occur, are there any defenses to the breach, and what damages resulted from the breach. The defense to a breach of contract claim requires disputing one or more of these elements.

Breach of Fiduciary Duty – The attorney-client relationship requires that the attorneys act in the best interests of their clients, placing the client’s interests above their own. A claim of legal malpractice based on breach of fiduciary duty also requires proof of three elements: a clear duty was present, a breach of that duty occurred, and damages resulted from the breach. Defending such a claim entails disputing one or more of these elements.

Conflict of Interest – A conflict of interest arises when an attorney has divided loyalties among several clients, or when a lawyer or law firm places its own interests above the interests of the client. Anytime a lawyer might have clients, relationships, or experiences that raise potential conflicts, these circumstances must be disclosed and discussed with the client beforehand. A failure to disclose or an inability to provide fair and competent representation to a client because of this conflict might result in malpractice. Again, the defense to such a claim involves disputing any of the elements of conflict of interest

Fraud – Legal malpractice may be the result of fraud committed by an attorney. Fraud occurs when the attorney makes a material misrepresentation to a client, fails to disclose facts, or conceals facts in an attempt to persuade the client to take a specific action. Fraud might also be the basis for a criminal investigation, conducted by the Mississippi Bar or prosecutors. Again, defending such a claim requires contrary evidence disputing one or more elements of fraud.

Abuse of Client Funds – Lawyers must maintain separate trust funds for each client, keeping a separate accounting, and never borrowing or co-mingling funds, even with a client’s tacit approval. Mistakes and negligence are not defenses to these claims.

Damages in a Legal Malpractice Dispute Claim

Clients injured by attorneys from their malpractice are entitled to damages. Compensatory damages pay for the loss incurred from the malpractice. Punitive damages might be available if the attorney acted with gross negligence or recklessness. A client might be entitled to expenses and legal fees, and if property was lost as a result of the malpractice, the client might be awarded the value of the lost property.

What is Accounting Malpractice in Mississippi?

Just as an attorney might harm a client through substandard services, negligence, or fraud, accountants, too, are held to a professional standard of care when dealing with clients.  Claims for accounting malpractice must be filed within three years of the wrongdoing under Mississippi’s statute of limitations.  Therefore, a suspicion of accounting malpractice needs to be investigated timely to preserve any cause of action.

A claim of accounting malpractice requires proof of the existence of an accountant-client relationship, that negligence or intentional misconduct occurred while handling a client’s financial records, and that harm occurred as a result of that malfeasance.  As in any professional malpractice case, expert witnesses are needed to establish the standard of care required for professional services and that the accountant failed to exercise that standard of care.

• Accounting malpractice can arise from a variety of circumstances:
• Manipulating Financial Statements: Accountants can misrepresent profits and losses to bolster the evaluation of a business or inflate the price of stock.
• Incorrectly Classifying Data: How an item is classified, as an asset or liability, can render a false impression of the financial health of a business, leading to an eventual tax liability.
• Errors of Omission: Data entry mistakes, both intentional and negligent, involving business inventory, outstanding receivables, or past due accounts can impact the accuracy of a balance sheet to the detriment of a business or owner.
• Accounting Fraud: This might include misrepresentation of oneself as a CPA.

Contact Rushing & Guice, PLLC Today

Whether you are a professional facing a serious allegation or a client who has suffered harm due to negligence, Rushing & Guice offers trusted, experienced legal representation in professional malpractice matters. Our attorneys have handled complex disputes involving legal, accounting, and fiduciary misconduct, and we work closely with clients to build strategic solutions that protect their interests and resolve claims effectively.

To speak with an attorney about your case, call (228) 374-2313 or complete our online contact form to schedule a consultation. We proudly serve Ocean Springs and the surrounding Mississippi Gulf Coast.