What is Judgmental Immunity? Florida Fourth DCA Case.

Has your West Palm Beach attorney given bad advice?    Are you considering bringing an action for legal malpractice? Did you know that if a lawyer’s views reflect the majority of Florida law they may be entitled to judgmental immunity. Take a look at a recent case out of the Fourth District Court of Appeal that sided with attorney.

Legal Malpractice

• When you retain an attorney for legal services they owe you what is called a duty of care.
• This duty obliges them to act reasonably as a reasonable attorney would in like circumstances.
• Do you know what other professionals owe you this duty?
• Doctors are one common example but almost any professional would including accountants and the like.
• If a professional fails to elicit that standard of care you may be damaged as a result.
• You can sue for these damages in a Palm Beach malpractice action.
• Do you know what privileges can halt this action?
• Have you heard about judgment privilege.

Immunity From Suit

• Florida Courts including those in West Palm Beach recognize the judgmental immunityfor a lawyer in a malpractice action.

Air Turbine Tech. Inc, v. Quarles & Brady LLC et. Al.

• In 2011 the appellants filed a suit against their attorneys for malpractice when they were told they were not exposed to liability for attorney’s fees from a separate action.
• As a result the company was exposed to massive liability.
• The court found that the advice of the attorney followed the weight of Florida law and thus he was not subject to liability for rendering such advice.
• Do you agree?
• Experienced Palm Beach probate litigators know that actions for malpractice cannot stand on the existence of damages alone you will have to establish that the duty of care was breached.
• Are you prepared to make that case?

Want to learn even more?

Check out the entire case by clicking here!