What Do Florida Probate Litigators Need to Know About the Statutes of Limitations?

If you follow this blog you know that time is of the essence when it comes  to Florida probate litigation and that is something all Florida probate lawyers keep in mind. But what about you. What about your potential claim for malpractice against the estate lawyer Florida? Are you keeping track of time?

Statutes of Limitations

• Failure to follow the statute of limitations could be fatal to your malpractice claim.
• A lot of times your Florida probate attorney is keeping track of your lawsuit and the applicable time limits so you do not think about it.
• But what if probate attorneys Florida commit malpractice?
• Do you expect the Florida estate lawyer to tell you to sue them?
• You may have to be the one to keep track of certain things to determine if they are malpractice and if you want to sue about it.
• Failure to do so could lead you into a position where you have limited options.
• What does this have to do with Florida estate litigation?
• Often clients take the backseat and let lawyers control the probate administration in Florida but then end up without any recourse for potential errors and omissions. 
• Want to learn more?
• Check out this interesting case out of the Court in California where one set of litigants took a creative approach that unfortunately did not work out too well.

Callahan v. Gibson, Dunn & Crutcher, LLP

• This case actually stemmed from corporate law not probate law but it has probate issues.
• How?
• Here the attorneys helped some individuals create partnership agreements but carelessly did not address what would happen if someone died or became incapacitated.
• That may have constituted negligence.
• This all came to a head when some parties died or became incapacitated and probate litigation erupted.
• So some of the litigants or their relatives sued the attorneys for malpractice but the time limits had tolled.
• So they took a creative approach, why not sue for intentional infliction of emotional distress?
• Basically saying that the malpractice caused great distress.
• Sounds like a creative solution, what do you think?
• The Court did not favor it and said the case was barred based on statutes of limitations.
• Time is of the essence in Florida probate litigation.

Want to learn more?

Check out the entire case by clicking here.

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