1-11 Sample Pleadings

• Jurisdiction: United States

1-11 Sample Pleadings

1-11:1 Sample Complaint³⁴⁹

Plaintiff __________ sues the Defendants, __________ ["Former Lawyer"], individually, and __________ ["Former Law Firm"], a Florida professional association, and states as follows:

1. This is an action seeking damages in excess of $15,000, exclusive of costs.³⁵⁰
2. At all times relevant hereto, Defendant Former Lawyer was an attorney, duly licensed to practice law in the State of Florida, doing business in __________ County, Florida, and was a shareholder of Former Law Firm.
3. At all times relevant hereto, Defendant Former Law Firm was an active professional association doing business in __________ County, Florida.
4. Former Lawyer, individually and on behalf of Former Law Firm, represented to Plaintiff that s/he was duly licensed to practice law in the State of Florida and that s/he was qualified to act as Plaintiff's legal representative in __________ [insert name of underlying case].
5. Plaintiff, relying upon the aforesaid representations of Defendants, and each of them, retained Defendants to provide legal represenlation to Plaintiff in __________ [insert name of underlying case]. [Attach as an exhibit a copy of the engagement letter. If no engagement letter exists, indicate when and how Defendants were retained.]
6. Defendants owed a duty to Plaintiff to exercise that level of skill and care which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by similar and reasonably careful __________ [insert applicable field] lawyers.
7. Defendants breached their aforesaid duty to Plaintiff by __________ [insert detailed description of Defendants' errors].
8. As a direct and proximate result of the aforesaid [insert appropriate legal theory, such as "negligence"³⁵¹] on the part of Defendants, Plaintiff was damaged.

WHEREFORE, Plaintiff demands judgment for compensatory damages against Defendants, the costs of this action, a jury trial on all issues so triable, pre-judgment interest, attorneys' fees under the wrongful act doctrine, and such other and further relief as this Court deems just.

1-11:2 Sample Answer with Affirmative Defenses³⁵²

COME NOW Defendants, __________ ["Former Lawyer"] and __________ ["Former Law Firm"], hereinafter "Defendants," and hereby file their Answer and Affirmative Defenses in response to the Complaint ("Complaint") filed by __________, ["Plaintiff"] stating as follows:

ANSWER 1. Defendants admit that Plaintiff seeks damages in excess

...