No Legal Malpractice for Advice that is in Accord with the Weight of Applicable Law
By Will Jordan
During the course of litigation pending in federal district court in Florida, Client sought and obtained advice from Lawyer about Client’s contractual exposure to the opposing party’s attorney’s fees under Florida law. Lawyer advised Client that Client did not face a significant risk of exposure to attorney’s fees. Ultimately, the U.S Court of Appeals for the D.C. Circuit ordered Client to pay more than $1,000,000 in attorney’s fees to the opposing party. Client sued Lawyer for legal malpractice. The Florida appellate court affirmed summary judgment in favor of Lawyer, finding that Lawyer’s advice “was in accord with the weight of Florida law” and “therefore breached no standard of care and cannot amount to malpractice as a matter of law.”
Air Turbine Tech., Inc. v. Quarles & Brady, LLC, No. 4D14-110 (Fl. Ct. App., June 3, 2015).
Read the full opinion here.