Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Florida

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FL: Rank May Not Have its Privilege!

Posted in Florida
Delmonico v. Tryanor , SC-10 1937, 2013 WL 535451 (Fla. 2013) FL: Underlying defamation action This post is contributed by Warren Trazenfeld, Esq. of Coral Gables, FL. Adapted from his article appearing in the Daily Business Review (c) 2013 ALM Media Properties, LLC, which has granted permission. FACTS: The underlying case was a defamation action… Continue Reading

FL: Waived Conflict of Interests Can Negate Malpractice.

Posted in Florida
Rudolf v. Gray, Harris & Robinson, PA, 901 So.2d 148 (Fla. App. 2005) FL: Contract Negotiations Student Contributor: Arthur John FACTS: The appellant, Donald Rudolf along with others, appealed a summary judgment in favor of the appellee, Gray, Harris and Robinson (GHR). The appellant’s suit was based on an alleged conflict of interest the appellee… Continue Reading

FL: Attorney-Client Privilege May Apply Between Separate Attorneys Representing the Same Client

Posted in Commercial, Florida, Insurance, Local & Co-Counsel, Scope of Representation
Volpe v. Conroy, Simberg and Ganon, P.A., 720 So. 2d 537 (Fla. App. 1998) Fla. App: Underlying Construction litigation Student Contributor: Ross Eisenberg Facts: Clients were involved in construction litigation in which their insurance company hired Conroy, Simberg and Ganon (CSG) to represent them under a reservation of rights. The clients also hired their own personal… Continue Reading

FL: Clear and Convincing Evidence Required to Establish Fraud on the Court

Posted in Florida, Torts/Personal Injury
Cherubino v. Fenstersheib and Fox, P.A., 925 So.2d 1066 (Fla. App. 2006) FL: Underlying Automobile Action in Tort Student Contributor: David Drescher FACTS: Anthony Cherubino was involved in a car accident and he and his wife Lucy Cherubino hired Fenstersheib and Fox to represent them. After filing suit, the trial court dismissed the action for… Continue Reading

FL: Trust & Estate Malpractice: Third-Party Testamentary Beneficiary Has Standing to Sue for Legal Malpractice

Posted in Florida, Standard of Care, Wills Trusts & Estates
Gallo v. Brady, 925 So.2d 363 (Fla. App. 2006) FL: Underlying Estate Planning Student Contributor: David Drescher FACTS: Ann Gasponi employed Frank R. Brady and his law firm Brady & Brady P.A. to carry out her estate planning. In the course of this representation, Brady suggested that Gasponi create a charitable remainder trust. Gasponi apparently… Continue Reading

FL: Beware Before Firing Your Lawyer

Posted in Damages, Florida, Litigation
Dadic v. Schneider, 722 So.2d 921 (Fla. App. 1998) Fla. App: Underlying Foreclosure  Student Contributor: Ross Eisenberg Facts: Plaintiffs filed a complaint against their lawyer alleging one count of legal malpractice based on his failure to carry out their "specific instruction[s]" with respect to the litigation. They also made a claim for malpractice based on… Continue Reading

FL: Sued by Client at the Last Minute; Will my Soon to Expire Insurance Cover Damages?

Posted in Florida, Insurance
Gulf Insurance Co. v. Dolan, Fertig and Curtis, 433 So. 2d 512 (Fla. 1983) FL: Underlying Malpractice Claim Insurance Coverage Student Contributor: David Drescher FACTS: Dolan, Fertig and Curtis was a law firm that took out a legal malpractice insurance policy with Gulf Insurance Company. The policy lasted from November 20, 1978 to November 20,… Continue Reading

FL: Defendant Can Raise Affirmative Defense SOL in Answer in Complaint Does Not Show the Cause is Time Barred

Posted in Discovery Rule, Florida
Jelenc v. Draper, 678 So.2d 917 (Fla. App. 1996) Student Contributor: Ross Eisenberg FL: Underlying Personal Injury Facts: Plaintiffs retained the Defendant law firm for a personal injury action. The partner gave the case to his associate to handle. The associate misrepresented to the Plaintiff that he had commenced legal proceedings. Plaintiff made phone calls… Continue Reading

FL: Examining the Statute of Limitations

Posted in Florida, Statute of Limitations
McLeod v. Bankier, Fla. Dist. Ct. of App., 4th Dist., 2011 Facts: McLeod hired Attorney Tew to file a claim against Fidelity for allegedly executing a wrong margin call which led to the liquidation of his account. The case settled and McLeod signed a release in favor of Fidelity. His account balance, however, was never… Continue Reading

FL: Lawyer Liability for Implicit Agreements

Posted in Florida, Wills Trusts & Estates
Gunster, Yoakley & Stewart, P.A. v. McAdam, 965 So.2d 182 (2007) FL: Underlying probate representation Student Contributor: Farah Shahidpour Facts: Personal representatives of Client’s brought an action against their probate Attorney asserting claims of breach of fiduciary duty, constructive fraud, civil conspiracy, negligence and unjust enrichment. Client asserts that Attorney wrongfully procured J.P. Morgan Trust… Continue Reading

FL: Privity, a Continuing Relationship?

Posted in Florida, Labor & Employent, Privity
Elkind v. Bennett, 958 So.2d 1088 (2007). FL: Underlying labor dispute Student Contributor: Farah Shahidpour Facts: Client hired Attorney to represent himself, his business venture, and his business partner in a labor dispute brought against the business. The suit was one for harassment. The matters were settled, and Attorney signed the settlement on behalf of… Continue Reading

FL: Claim for Legal Malpractice Accrues After Appellate Review

Posted in Florida, Statute of Limitations
Diaz v. Maney, District Court of Appeal of Florida, Second District, August 11, 2010 (Unpublished).  Facts:  Diaz retained Attorney Maney’s services with regard to her acrimonious relationship with her husband, Rood.  During a counseling session, as a gesture of his sincerity in desiring reconciliation, Rood offered Diaz one-half of the inheritance he would receive upon… Continue Reading

FL: Long Arm Jurisdiction Over Out of State Lawyers

Posted in Florida
Law Offices of Sybil Shainwald, et at., v. Barro, 817 So.2d 873 (2002) FL: Underlying products liability suit Student Contributor: Farah Shahidpour Facts: Client hires a New York Attorney to represent her in a products liability suit. Client is attempting to recover damages against Bristol-Myers Squibb (“Bristol-Myers”) and Medical Engineering Corp. (“Medical”) for injuries caused… Continue Reading

FL: No Jurisdiction, Even where Effects of Injury are felt in FL

Posted in Family Law, Florida
Hirsch v. Weitz, 16 So.3d 148 (Fla. App. 2009) FL: Underlying divorce, negotiated marital settlement agreement Student Contributor: Farah Shahidpour Facts: Client hired a NY Attorney to represent him in his divorce from his former wife and to negotiate the marital settlement agreement (“agreement”). Under the agreement, the parties’ rights and obligations were to be… Continue Reading

FL: OK to Assign Legal Mal Cause of Action for the Benefit of Creditors

Posted in Commercial, Florida, Privity, Securities
Kaplan v. Cowan Liebowitz & Latman, P.C., 832 So.2d 138 (Fla. App. 2002) FL: Underlying private placement securities offering Student Contributor: Farah Shahidpour Facts: Medical Research Industries, Inc. (MRI) was a Florida corporation in the business of marketing medical products. William Tishman, was the majority shareholder, CEO, Chairman, secretary, treasurer, and director of MRI. MRI… Continue Reading