Legal Malpractice Florida

Legal malpractice is also referred to as “professional negligence.” In Florida, you generally have two years to file suit. This field of litigation is almost a sub-specialty, particularly for probate malpractice.

Understanding Legal Malpractice

Legal mal-practice, or professional negligence, happens in Florida when a lawyer’s negligence results in damage.  Like a client losing things entitled to them under the law.  Rights. Money. Property. 

Think of it this way: an action, or failure to act, causes harm.  Damage. 

And, sometimes it is described as not providing the standard of care a reasonable attorney should provide in that field or geography.  Confusing?  Less than clear?

But what do you have to show to win your legal malpractice case?

Is merely showing that your lawyer was not careful and attentive enough to win?

A South Carolina Supreme Court case dealt with legal malpractice in an inheritance dispute.  Anyone involved in a probate  malpractice Palm Beach or legal malpractice matter should consider reading this.

Who Can Sue?

• What happens when you were set to inherit a bunch of money or real estate from your rich grandfather ?
• And the lawyer he got to draft the estate plan makes a big mistake ?
• Causing you to be disinherited?
• Estate planning malpractice is an area of Florida law that has evolved over the years.  Some believe that it has become “easier” for clients or family members to seek relief.  Whereas, in the “old” days, the law was more protective of attorneys. 
• Can you recover your inheritance if you lose your inheritance?
• How do you recover your inheritance?  (Answer: file suit.  In Florida, the statute of limitations is two years.  But, make sure that you know what law you are suing under.  Many times, in the area of estate planning, facts may actually trigger another state’s laws.  One example could be if a document was drafted in another state for a non-Florida person who later moves to Florida and dies here). 
• Who do you sue?  (Sometimes you have to open a probate if the “plaintiff” how now passed away.  In that instance, the personal representative may have to sue for the estate).
• If, now, you are out of the family trust,  are you still an “interested party“ under Florida Probate Law?
• Can you maybe sue for intentional interference with an inheritance? What if it’s clear it was not intentional? Is legal mal-practice your final option?

Family member sues for lawyer malpractice and breach

• The Supreme Court of South Carolina dealt with a case of first impression (in other words they had never answered that question before) when it asked to weigh in the case of Fabian v. Lindsay III, 410 S.C. 475 (S.C. 2014).
• A niece brought legal malpractice and breach of contract by a third party beneficiary against her late (deceased) uncle’s estate planning attorney, alleging that they made a drafting error in preparing her uncle’s trust instrument  which resulted in her disinheritance. 
• A third party beneficiary breach is a unique legal action.  Does your malpractice lawyer Palm Beach understand it?
• Can a beneficiary of a will or trust that was supposed to be written–but wasn’t– sue for damages if the will or trust was never prepared?

What do you think?

• Are Palm Beach estate attorneys’ work meant to benefit more than just the client ? 
• Who does the estate attorney owe a duty to? 
• Consider retaining a trial attorney who also understands estate planning, probate and estates.