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Ethics & Malpractice Claims

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Can estate beneficiaries sue the guardian’s lawyers for estate planning malpractice?

By Juan C. Antúnez on February 13, 2012

Under Florida law, the three elements of a legal malpractice action are generally described…

Continue Reading Can estate beneficiaries sue the guardian’s lawyers for estate planning malpractice?

If a lawyer improperly writes himself into his client’s will, is the bequest automatically void as a matter of law?

By Juan C. Antúnez on November 21, 2011

At the heart of this case is Florida Bar ethics Rule …
Continue Reading If a lawyer improperly writes himself into his client’s will, is the bequest automatically void as a matter of law?

Florida Supreme Court sanctions lawyers engaged in toxic e-mail feud

By Juan C. Antúnez on January 9, 2011

The histrionics we see on television are almost never allowed in a…
Continue Reading Florida Supreme Court sanctions lawyers engaged in toxic e-mail feud

Text Code of Ethics typed on retro typewriter perspective view

New ethics advisory opinion 10-3: when should lawyers voluntarily disclose client information to personal representatives and heirs

By Juan C. Antúnez on November 8, 2010

As a practicing lawyer, one of the best risk-management tools available to…
Continue Reading New ethics advisory opinion 10-3: when should lawyers voluntarily disclose client information to personal representatives and heirs

Text Code of Ethics typed on retro typewriter perspective view

Ethics violation = undue influence = attorney and paralegal forfeit $7.2 million bequest

By Juan C. Antúnez on April 19, 2010

According to newspaper accounts this will contest revolved around allegations of undue…

Continue Reading Ethics violation = undue influence = attorney and paralegal forfeit $7.2 million bequest

US 11th Cir: Does a disinherited heir have standing to sue for estate planning malpractice?

By Juan C. Antúnez on September 21, 2009

Littell v. Law Firm Of Trinkle, Moody, Swanson, Byrd and Colton…

Continue Reading US 11th Cir: Does a disinherited heir have standing to sue for estate planning malpractice?

California appellate court weighs in on the limits of estate planning malpractice liability

By Juan C. Antúnez on May 20, 2009

Here’s one of those facts of life most probate lawyers learn early…

Continue Reading California appellate court weighs in on the limits of estate planning malpractice liability

Text Code of Ethics typed on retro typewriter perspective view

3d DCA lectures probate litigator on ethics

By Juan C. Antúnez on December 17, 2008

Hernandez v. Gil, — So.2d —-, 2008 WL 5156623 (Fla. 3d…
Continue Reading 3d DCA lectures probate litigator on ethics

Jury rejects $17M legal estate-planning malpractice claim against Orrick

By Juan C. Antúnez on December 11, 2008

I previously wrote about this case from the perspective of how conflicts…

Continue Reading Jury rejects $17M legal estate-planning malpractice claim against Orrick

Trial begins in multimillion dollar estate-planning malpractice claim against Orrick, Herrington & Sutcliffe

By Juan C. Antúnez on November 10, 2008

As a matter of law, an ethics violation isn’t the same as…
Continue Reading Trial begins in multimillion dollar estate-planning malpractice claim against Orrick, Herrington & Sutcliffe

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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.

    2025 … The Year in Review

    2024 … The Year in Review

    2023 … The Year in Review

      Click here for prior years

About this Blog

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

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