10-4 Assignment of Proceeds

• Jurisdiction: United States

10-4 Assignment of Proceeds

In Kozich v. Shahady,⁴⁴ the plaintiff in the underlying case assigned his right to any jury award to his brother. The plaintiff then sued his trial lawyer for malpractice. The court held that assigning only the right to the future award did not amount to an assignment because the plaintiff retained "the ability to control the conduct of the trial, to accept or reject any settlement offers, and to maintain the attorney-client relationship, with any corresponding obligations."⁴⁵

In JLF Enterprises, Inc. v. Malinski,⁴⁶ a judgment was entered in favor of a class of homeowners against a corporation and its shareholders, directors, and officers, who settled by paying a portion of the judgment and assigning a portion of the proceeds from their upcoming malpractice case against their lawyer. In the subsequent malpractice suit, the lawyer attacked the assignment as "champertous or impermissibly assigned."⁴⁷ Without analysis or citation, the appellate court found such arguments to be without merit.⁴⁸

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Notes:

^[44] Kozich v. Shahady, 702 So. 2d 1289 (Fla. 4th Dist. Ct. App. 1997).

^[45] Kozich v. Shahady, 702 So. 2d 1289, 1290 (Fla. 4th Dist. Ct. App. 1997).

^[46] JLF Enters., Inc. v. Malinski, 800 So. 2d 334 (Fla. 3d Dist. Ct. App. 2001).

^[47] JLF Enters., Inc. v. Malinski, 800 So. 2d 334, 335 (Fla. 3d Dist. Ct. App. 2001).

^[48] JLF Enters., Inc. v. Malinski, 800 So. 2d 334, 336 (Fla. 3d Dist. Ct. App. 2001).