The rights of non-clients to sue your parents’ estate planning lawyer seem to be increasing. At least in Florida. A recent Florida Appeals Court opinion on estate planning malpractice Florida helps guide family members and heirs. This legal commentary will discuss whether you can sue your grandmother’s trust lawyer. Understanding Florida Malpractice Legal malpractice is a cause of action, or lawsuit, that is brought against a Florida lawyer. It is often referred to as professional negligence. A Florida lawyer commits malpractice when their standard of care, their services, or failure to provide services, fall(s) below the standard. What standard? The standard of a reasonable attorney in that particular geography. Providing bad legal services can be as simple as not telling your client that she has rights. Or a cause of action against someone. But, can a trust beneficiary, heir, son or daughter sue mom or dad’s attorney who wrote the wills and trusts? Estate Planning Malpractice Florida Many times, family members or adult sons and daughters want to sue mom or dad’s estate planning lawyer. But, many times, heirs are prevented from suing for estate planning malpractice Florida. Why? Three of the most common defenses to professional negligence include blowing the statute of limitations. You didn’t sue fast enough. The statute of limitations for legal malpractice is 2 years. Read Chapter 95.11 (4)(a), Florida Statutes. (To read about stopping or “suspending” or tolling that time period and the computation of time, read the entire CHAPTER.) And remember: a letter won’t […]