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!