2-1 Introduction

• Jurisdiction: United States

2-1 Introduction

A Florida legal malpractice action is subject to the usual jurisdictional,¹ choice-of-law,² and choice-of-forum rules.³ When the defendant is a non-Florida lawyer, this means that the plaintiff must: (1) comply with Florida's long-arm statute and (2) demonstrate that the lawsuit does not offend due process.⁴

--------

Notes:

^[1] Miccosukee Tribe of Indians of Fla. v. Lewis, 165 So. 3d 9 (Fla. 3d Dist. Ct. App. 2015) (Indian tribe could bring malpractice action against its former lawyers in Florida state court notwithstanding its plan to rely on tribal law as a defense). A Florida state court can hear a legal malpractice action even if the underlying action could only be brought in federal court. Gunn v. Minton, 568 U.S. 251 (2013) (state court could hear legal malpractice case arising from alleged mishandling of patent lawsuit). See also McMillan v. UAW-Ford Legal Servs. Plan, 2011 WL 862047 (M.D. Fla. 2011) (state court could hear legal malpractice claim notwithstanding that attorney's alleged negligence arose in connection with advice about...