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
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?
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?
Bivins v. Rogers, 2017 WL 5526874 (S.D. Fla., June 01, 2017)
Continue Reading Will a guardianship judge’s orders approving your client’s actions shield you from third-party malpractice liability?
Can someone other than your client sue you for drafting an invalid quitclaim deed?
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?
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?
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?
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?
Saadeh v. Connors, — So.3d —-, 2015 WL 3875682 (Fla. 4
Continue Reading Can a ward sue the attorney for his former court-appointed guardian for malpractice?
Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?
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?