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Ethics & Malpractice Claims

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Florida’s new and improved ethics rule 4-1.14 is an important and much needed tool for lawyers representing clients with diminished capacity

By Juan C. Antúnez on June 14, 2022

One of the most confoundingly difficult challenges we all face as lawyers…

Continue Reading Florida’s new and improved ethics rule 4-1.14 is an important and much needed tool for lawyers representing clients with diminished capacity

How to ethically represent disabled adults in contested guardianship proceedings

By Juan C. Antúnez on November 24, 2020

One of the most confoundingly difficult challenges we all face as trusts…

Continue Reading How to ethically represent disabled adults in contested guardianship proceedings

What’s it take to haul an Illinois estate planner into a Florida courtroom for malpractice?

By Juan C. Antúnez on December 17, 2018

Florida remains the largest recipient of state-to-state migration in the US,…
Continue Reading What’s it take to haul an Illinois estate planner into a Florida courtroom for malpractice?

Will a guardianship judge’s orders approving your client’s actions shield you from third-party malpractice liability?

By Juan C. Antúnez on February 6, 2018

The general trend in Florida is that a third-party beneficiary of your …

Continue Reading Will a guardianship judge’s orders approving your client’s actions shield you from third-party malpractice liability?
Risk assessment, decision to accept business result in uncertainty, unpredictable situation concept, cube wooden block with alphabet building the word RISK.

Can someone other than your client sue you for drafting an invalid quitclaim deed?

By Juan C. Antúnez on August 10, 2017

There’s nothing like the threat of a malpractice suit to focus the…

Continue Reading Can someone other than your client sue you for drafting an invalid quitclaim deed?

What’s it take for a prospective client to conflict you out of an inheritance case?

By Juan C. Antúnez on March 20, 2017

Our ethics rules evolved in the civil litigation context, which means the…

Continue Reading What’s it take for a prospective client to conflict you out of an inheritance case?

In a Will contest, will a decedent’s confidential communications with her estate planning attorney remain confidential?

By Juan C. Antúnez on November 7, 2016

The promise of confidentiality is at the heart of the lawyer-client relationship.
Continue Reading In a Will contest, will a decedent’s confidential communications with her estate planning attorney remain confidential?

Does the common-law “fiduciary exception” to the attorney-client privilege still matter in Florida?

By Juan C. Antúnez on October 4, 2016

We all know that when attorneys represent fiduciaries of any kind (be…

Continue Reading Does the common-law “fiduciary exception” to the attorney-client privilege still matter in Florida?

Can a ward sue the attorney for his former court-appointed guardian for malpractice?

By Juan C. Antúnez on June 29, 2015

The general trend in Florida (especially in the trusts and estates …

Continue Reading Can a ward sue the attorney for his former court-appointed guardian for malpractice?
Gavel on bankruptcy Law books

Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?

By Juan C. Antúnez on June 16, 2015

Complex estate litigation usually doesn’t get resolved in a single winner-take-all trial.

Continue Reading Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?

    2025 … The Year in Review

    2024 … The Year in Review

      Click here for prior years

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The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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