The Inequitable Conduct Doctrine and Florida Probate Cases

According to Florida law, what is the inequitable conduct doctrine? What does this doctrine have to do with a Florida probate case? What does the inequitable conduct doctrine have to do with attorneys fees in Florida? If you are a Florida litigation lawyer or trust attorney, why should you make sure that you are familiar with this doctrine? You may wish to read a March 13, 2019 Fourth DCA opinion, Corominas v. Ajay Development Group, LLC. 

Although this opinion is not a Florida probate opinion, Florida probate attorneys encounter attorney fee litigation just like the litigation in this case. Here, the trial court awarded attorneys fees and costs to a law firm that was discharged before the case ended. One of the Florida authorities that the trial court based their opinion on was the inequitable conduct doctrine. The opinion quotes that ” the inequitable conduct doctrine permits the award of attorney’s fees in extreme cases where a party acts in bad faith, vexatiously, wantonly, or for oppressive reasons.” What do you need to show the court in order to prove that a Florida law firm acted in “bad faith”? To read the entire opinion, click here.