Florida Family Law and Malpractice – August 24,2017 4th DCA Opinion

Do you believe that your family law or trial attorneys committed malpractice? Have you suffered damages because you relied on an attorney’s bad advice? Did your divorce lawyer advise you incorrectly regarding a marital settlement agreement? What should your West Palm Beach litigator know about malpractice lawsuits? Did your Florida trial lawyers act negligently when representing you in a divorce or custody battle? You may want to read an August 24,2017 Fourth DCA opinion, Miller v. Finizio.

Probate, guardianship, and family law lawyers should know that, in Florida, there is a two year statute of limitations to sue your lawyer for malpractice. Florida Statute Section 95.11 (4)(a). Therefore, you need to act fast in hiring a malpractice attorney. It is also important to know that a cause of action for legal malpractice has three elements: (1) the attorney’s employment; (2) the attorney’s neglect of a reasonable duty; and (3) the attorney’s negligence was the proximate cause of loss to the client.”

In Miller v. Finizio, Georgeta Miller sues her family law lawyers 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? To read the entire case, click here.