What Is Privity And Why Is It Important In Legal Malpractice?

The concept of privity is an essential part of an attorney-client relationship and is a term that is part of legal ethics, and regulations. Privity, a word derived from Old French and Latin, is a legal concept that stands for fidelity in a legally formed status, such as a contract or a client-attorney relationship. If someone objects to conditions established by an agreement, without privity, they have no recourse, for example, in the form of:

· Claiming damages

· Filing legal suit

· Asserting rights

Privity And Legal Malpractice In Florida

Is it possible to file a legal malpractice suit against an attorney if you were not their client? In the state of Florida in general, privity is required to be able to file a legal malpractice claim against an attorney. However, some legal instances do not require privity to take legal action, and state laws vary about their interpretation of privity. For example, there are variances from state to state in the arena of estate planning law.

Florida Estate Law Malpractice

To have a possible legal malpractice case, a plaintiff must be able to prove that:

· There was a formal client-attorney relationship

· The attorney was negligent in legal duties relating to the case

· This negligent action negatively impacted the plaintiff

In Florida, the privity requirement a legal malpractice suit regarding estate planning has been relaxed. Estate planning is meant to benefit the survivors of the deceased who are inheritors of an estate. As third-party beneficiaries, they can file suit regarding legal malpractice in estate planning if they suffered a loss pertaining to the negligent actions or inaction of the attorney involved.

If you feel that legal malpractice has been a factor that negatively affects your inheritance from a family member, consult an experienced legal malpractice attorney. You may have a venue of recourse to achieve fair compensation.

No Comments

Leave a comment
Comment Information
Email us for a response

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy



Jacksonville Office
1300 Riverplace Boulevard
Suite 401
Jacksonville, FL 32207

Toll Free: 866-542-1996
Phone: 904-396-1996
Fax: 904-396-1991
Map & Directions

Miami Office
1395 Brickell Avenue
Suite 800
Miami, FL 33131

Phone: 305-200-8674
Phone: 305-200-8675
Fax: 305-200-8801
Map & Directions

West Palm Beach - By Appointment Only
301 Clematis Street
Suite 300
West Palm Beach, FL 33401

Phone: 561-832-5991
Fax: 561-832-5985
Map & Directions

Panama City Office
305 Cherry Street
Panama City, FL 32401

Phone: 850-481-1386
Fax: 850-640-1247
Map & Directions

Tampa Office
10150 Highland Manor Drive
Suite 200
Tampa, FL 33610

Fax: 813-314-2163
Map & Directions