If I signed a settlement agreement in Florida, can I still sue for malpractice? What should my West Palm Beach probate litigator know about malpractice lawsuits and settlement agreements. If I consent to a marital settlement agreement or a probate contract, am I barred from suing my West Palm Beach lawyers for malpractice? What if my attorney gave me horrible advice when he told me to sign an agreement? When can I sue for malpractice in a Florida probate or family law case? A recent Fourth DCA case, Miller v. Finizio, discusses malpractice and marital settlement agreements.