9-1 Introduction

• Jurisdiction: United States

9-1 Introduction

A Florida client who has suffered due to an attorney's negligence is entitled to an award of damages.¹ Depending on the facts, calculating the amount of the award can involve a bit of work. In addition, the potential claims of third parties often must be taken into account.²

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Notes:

^[1] Of course, a client cannot sue for legal malpractice until it "has actually suffered some damage from legal advice or services." Picazio v. Melvin K. Silverman and Assocs., P.C., 965 F. Supp. 2d 1411, 1415 (S.D. Fla. 2013) (quoting Technical Packaging, Inc. v. Hanchett, 992 So. 2d 309, 312 (Fla. 2d Dist. Ct. App. 2008), review denied, 6 So. 3d 52 (Fla. 2009)). See also Sunshine Kitchens, Inc. v. Mallin, 388 So. 2d 1260 (Fla. 3d Dist. Ct. App. 1980), review denied, 399 So. 2d 1146 (Fla. 1981). It is uncertain whether a legal malpractice claimant can receive nominal damages where it suffers no monetary loss. Clearly, however, such relief cannot be awarded unless specifically requested. Bluth v. Blake, 128 So. 3d 242 (Fla. 4th Dist. Ct. App. 2013). See also Sure Snap Corp. v. Baena, 705 So. 2d 46 (Fla. 3d Dist. Ct. App. 1997), review denied, 719 So. 2d 288 (Fla. 1998) (client not entitled to "prevailing party costs" where no damages awarded for lawyer's malpractice).

^[2] In Zurich, U.S. v. Weeden, 805 So. 2d 945, 948-49 n.1 (Fla. 4th Dist. Ct. App. 2001), the court declined to decide "whether a workers' compensation lien may attach to the proceeds of a legal malpractice settlement[.]" However, in a later case, the First District Court of Appeal answered the question in the negative. See Anderson Columbia v. Brewer, 994 So. 2d 419, 421 (Fla. 1st Dist. Ct. App. 2008) ("We hold that an injury suffered from legal malpractice does not occur 'in the course of [a claimant's] employment' and that the defendants in a legal malpractice action are not third-party tortfeasors within the meaning of section 440.39."). For a further discussion, see Reinaldo Alvarez...