Important Florida Malpractice Case RE: Privity Exception — June 24, 2015 Palm Beach’s 4th DCA

Are you involved in suing a Palm Beach probate attorney for what is called legal negligence in Florida?  This is really suing a Florida lawyer for malpractice or legal malpractice.  Maybe you are a Palm Beach probate lawyer concerned you may be sued by a client’s heirs or estate beneficiaries.  Who does a Florida probate lawyer owe a duty to, anyway?  You should read the June 24, 2015 Florida 4th District Court of Appeal case from the Palm Beach appeals court which deals with Florida malpractice and when a Florida probate or guardianship lawyer may owe a duty to someone who is NOT their client.

Who can sue a Florida guardianship lawyer?

• Can heirs like adult children sue mom or dad’s Boca Raton estate planning attorney for Florida legal malpractice?
• Who has legal standing in Florida to sue a Jupiter probate lawyer for malpractice?
• This commentary on a very recent Palm Beach malpractice case will ask more questions than provide answers.
• You NEED to read the entire malpractice opinion written by Judge Ciklin from the Palm Beach Appeals Court.
• If you are thinking about suing a Florida probate lawyer, or a guardianship lawyer, you need to read this appeals court case.
• If you are a probate lawyer Palm Beach and work in the 4th District Court of Appeal jurisdiction, you want to read this opinion and talk to your fellow guardianship lawyers.

How Do I Sue a Florida probate lawyer for Malpractice or Legal Negligence?

• Under Florida law, to sue a West Palm Beach probate lawyer, for malpractice, you have to show that you are in privity with the probate attorney.
• Did you hire the North Palm Beach estate lawyer?
• ….Sign a legal services contract with the Palm Beach Gardens guardianship lawyer?

Do you know about the exception to suing Florida lawyers for malpractice?

• What is the big exception that lets someone, like a family member, or an heir at law,sue a Florida probate lawyer if you didn’t even hire the estate lawyer?
• Florida malpractice law has an exception for non clients to sue a Florida lawyer formalpractice.
• It is a very limited exception, where you can show that you are an intended third party beneficiary to the legal services.
• This is often referred to as the “privity exception” to Florida malpractice law.
• So, if your mom or dad’s estate lawyer negligently wrote a Florida revocable trust or a Palm Beach will, can you sue the estate planning attorney when you didn’t even hire the Florida lawyer?
• If you got dis-inherited from  your parent’s estate plan, and it’s the fault of the probate lawyer or the estate planning lawyer, can you demonstrate that you were an intended third party beneficiary of the estate plan or the legal work by the estate attorney Boynton Beach?

How do I sue guardianship lawyers Palm Beach?

• Is this June 24, 2015 case from the Palm Beach appeals court opening up Florida lawyers to malpractice claims by people who are involved in Florida guardianships?
• The case is Saadeh v. Connors, et  al, No. 4D13-4831.
• Can a person who is the subject of a Palm Beach guardianship petition, the so calledalleged incapacitated person, able to sue the Palm Beach guardian’s attorney?
• Can the Palm Beach guardianship lawyer, who is representing the court appointed guardian, get sued by the Ward, the alleged incapacitated person?
• Does the probate lawyer who is representing the court appointed guardian of the person owe a DUTY ,  a LEGAL DUTY, to the Ward, the alleged incapacitated person, who is the subject of a Palm Beach guardianship?
• Does a negligence lawsuit or a Florida legal malpractice lawsuit in a guardianshipmatter care that the alleged incapacitated person is represented by his or her own probate lawyer?
• In this recent case, the person whose adult children filed for Palm Beach guardianshiphad a Florida probate lawyer:  the Probate Court in Palm Beach appointed a lawyer to represent the interests of the father who his kids claimed to be incapacitated.
• If I want to get a guardianship going, in Florida, does it matter who I hire as a guardianship lawyer?
• Does it matter that the adult children, who filed for Palm Beach guardianship of their father, hired a lawyer, who ended up being the same probate lawyer for the court appointed guardian?

Here is a link to read, for free, this 4th District Court of Appeal opinion on Florida legal malpractice and the privity exception to suing a Florida lawyer for legal negligence: http://www.4dca.org/opinions/June%202015/06-24-15/4D13-4831.op.pdf