3-1 Introduction

JurisdictionUnited States

3-1 Introduction

If a lawyer's engagement letter contains an exclusive forum selection clause, the forum specified by the clause, absent fraud or overreaching, is the proper forum to hear a legal malpractice claim against the lawyer.1 In all other cases, some work must be done to determine where venue lies.


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Notes:

[1] XR Co. v. Block & Balestri, P.C., 44 F. Supp. 2d 1296 (S.D. Fla. 1999) (legal malpractice claim by Florida company against Texas lawyer transferred to Dallas due to forum selection clause in retainer agreement signed by client); R.S.B. Ventures, Inc. v. Berlowitz, 201 So. 3d 719 (Fla. 4th Dist. Ct. App. 2016) (former client could not sue former...

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