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Third DCA Appeal: Court Can Stay Proceedings During Florida Bar Complaint Process

Uncategorized Dec 9, 2015
post about Third DCA Appeal: Court Can Stay Proceedings During Florida Bar Complaint Process

Is your Florida probate litigation case getting too complicated due to  claims of malpractice against your Florida trust lawyer? You may be able to stay the proceeding in Court while your former probate litigation attorney deals with the Florida bar. Check out this recent appeal from the Third District Court of Appeal to learn more. 

What is Legal Malpractice

  • Estate lawyers in Florida are trained in the basic levels of proper professionalism and practice.
  • When a Florida probate lawyer fails to adhere to those standards that is professional negligence or malpractice.
  • This malpractice may be actionable in West Palm Beach if it resulted in damages to the client’s interests and/or probate lawsuit. 
  • Florida estate lawyers may sometimes be sued for malpractice and simultaneously be brought in front of the Florida bar for a review of their license.
  • The Florida bar oversees the licensing of all lawyers in Florida Courts throughout the State of Florida, including West Palm Beach.
  • Malpractice claims are different from bar complaints to the Florida bar.
  • Malpractice claims go after money while a bar complaint attacks the license of the lawyer.
  • Probate attorneys Florida know that sometimes both of these complaints arise at the same time, for obvious reasons.
  • If you are suing your Florida estate attorneys and also pursuing a complaint against them to the Florida bar listen up.
  • You may be able to stay the proceedings until you finish the bar complaint.
  • Why is this so important?
  • Because the results of the bar complaint could change the merits of your Palm Beach lawsuit!
  • Check out this recent case to learn more.

Florida Wellness v. Libman

  • This was a case where the lawyer sued for owed legal fees and the client sued for legal malpractice.
  • The former client also pursued the lawyer in a complaint to the Florida Bar.
  • The client asked the Court to stay the proceedings while the complaint was making its way through the administrative channels of the Florida bar.
  • The Court granted that stay and allowed the proceedings to wait until the Florida Bar finished its investigation and issued a report.
  • The lawyers did not like that because as I said it could negatively change the course of the litigation depending on what the Bar found.
  • So they petitioned the appeals Court to stop the stay.
  • They were unsuccessful though which means in a similar situation you may be able to utilize a stay of the case to wait for administrative bodies like the Florida Bar to make findings.
  • One has to wonder if this works for other professional administrative bodies like those that regulate doctors and accountants as well.

Want to learn more?

Check out the entire case by clicking here. 

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