5-1 Introduction

• Jurisdiction: United States

5-1 Introduction

In some instances, a Florida attorney enjoys immunity from a legal malpractice suit. But because such immunity deprives the client of an important right, entitlement to it in a given case must be clear and unequivocal.¹

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Notes:

^[1] In Blum v. Pension Investors Corp., 671 So. 2d 164 (Fla. 3d Dist. Ct. App. 1996), the trial court decided that because of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, a client could not sue his attorneys for misadvice. On appeal, the Third District Court of Appeal reversed, explaining that nothing in the...