10-1 Introduction

• Jurisdiction: United States

10-1 Introduction

In Florida, a legal malpractice claim cannot be assigned.¹ However, the proceeds resulting from the successful prosecution of such a claim can be assigned.

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Notes:

^[1] But see Federal Deposit Ins. Corp. v. Martin, 770 F. Supp. 623 (M.D. Fla. 1991) (permitting assignment under federal law). See also Meredith E. Level, Note, Do the Shoes Fit? Creating Federal Common Law in Legal Malpractice Cases When a Banking Regulator Is a Party, 23 Stetson L. Rev. 893 (1994). In Allaben v. Brock, 2008 WL 7715377 (Fla. 6th Cir. Ct. 2008), the court held that a legal malpractice suit brought by a prisoner's father, who was acting under a power of attorney from his son, did not constitute an assignment.

Although legal malpractice claims cannot be assigned under Florida law, a lawyer can assign to his or her client the right to sue the lawyer's firm for failing to defend the lawyer against the client's l egal malpractice claim. See Hyatt Legal Servs. v. Ruppitz, 620 So. 2d 1134, 1136-37 (Fla. 2d Dist. Ct. App.) ("The first action...