5th DCA: Can estate beneficiaries sue the guardian's lawyers for estate planning malpractice?
Hodge v. Cichon, --- So.3d ----, 2012 WL 315846 (Fla. 5th DCA February 03, 2012)
Under Florida law, the three elements of a legal malpractice action are generally described as follows:
the existence of an attorney/client relationship between the plaintiff and the attorney (i.e., "privity of contract");
the attorney's neglect of a reasonable duty; and
that such negligence resulted in and was the proximate cause of loss to the plaintiff.
The "privity of contract" rule has been relaxed where it was the apparent intent of the client to benefit a third party. The most common example of...
Published By: FL Probate & Litigation - Monday, 13 February