St. Denis & Davey, P.A.

Legal Malpractice Issues

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

| Sep 21, 2018 | Legal Malpractice Law |

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.