When Does a Client’s Consent to a Settlement Agreement Bar a Legal Malpractice Claim?

If I signed a settlement agreement in Florida, can I still sue for malpractice? What should my West Palm Beach probate litigator know about malpractice lawsuits and settlement agreements.  If I consent to a marital settlement agreement or a probate contract, am I barred from suing my West Palm Beach lawyers for malpractice? What if my attorney gave me horrible advice when he told me to sign an agreement? When can I sue for malpractice in a Florida probate or family law case? A recent Fourth DCA case, Miller v. Finizio,  discusses malpractice and marital settlement agreements.

In Miller v. Finizio, Georgeta Miller sues her family law attorneys for malpractice. One of Miller’s arguments was that “as a result of the defendant’s violation of the standard of care, she was damaged in that she relied upon the defendant’s advice and signed a highly disadvantageous agreement, resulting in a final judgment with much less favorable terms than would have otherwise been the case.” What did the Florida trial court decide? What did the Fourth DCA have to say about this? The Fourth DCA discussed whether or not the plaintiff’s complaint alleged each of the elements of a legal malpractice claim. Because her complaint did allege each element, “her voluntary acceptance of a settlement in the underlying dissolution case did not bar her legal malpractice claim, and her legal malpractice claim was not premature.” To read the entire opinion, click here.