Bad faith litigation can be tempting in Florida probate litigation. Florida trust lawyers know that often there is bad blood among the litigants and they will usually give their attorney the authority to do almost anything that annoys the other side and makes their lives more difficult. Maybe that is not the best approach though. Do you know why? Check out this recent case out of the Fourth District Court of Appeal that shows why bad faith litigation could cost you big time.
Bad Faith Litigation
- Estate lawyers in Florida all take the oath of attorney and promise to not engage in bad faith litigation.
- That does not mean that no probate litigation attorney has ever done anything that a Court would consider bad faith.
- Florida probate lawyers know that when the other side engages in bad faith litigation it is time to bring it up to the probate judge.
- So what constitutes bad faith?
- That is hard to say.
- Probate attorneys Florida tend to consider bad faith litigation anything that is not grounded in law or fact.
- If you are concerned that your motion is frivolous then you may be litigating in bad faith.
- Florida Estate attorneys know that bad faith litigation could result in legal fees being assessed for the other side.
- Are you sure you are engaging in good faith probate litigation?
- Check out this recent appeal to figure out whether or not you are in hot water with the probate judge.
Houston v. McKnought-Smith et. al.
- This was an appeal from litigation centered around a dissolution of marriage (i.e. divorce).
- The husband’s former attorney actually went after the wife’s attorney for legal fees.
- Guess why?
- Because the husband’s attorney got sick of being served with e-mail notifications after he stopped representation!
- Normally that is not going to get you a fee award but for some reason the Court awarded same in this case.
- On appeal it was noted that there was not bad faith so no attorneys fees.
Want to learn more?
Check out the entire case by clicking here.
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