Court upholds plaintiff's right to sue divorce attorney

An attorney hired to represent someone in Florida owes fiduciary duties to the client. According to Chron, one of these duties is confidentiality. In other words, an attorney generally cannot share information about a client except in two specific circumstances: If the breach is in the client's interest, or if the client gives permission. Sharing confidential information about a client when neither of these conditions is present usually represents a breach of the attorney's fiduciary duty to the client. 

Bloomberg Law recently reported on the case of a divorce attorney representing a woman who lives in Idaho. The attorney allegedly showed the client's then-husband an email that she had written to the attorney. When she found out about it, the woman sued the attorney for breach of fiduciary duty. In the email, the woman reportedly claimed that, at a recent divorce mediation conference, the attorney had not represented her adequately. 

A district court dismissed the case, agreeing with the attorney's assertion that his former client had attempted to avoid trying to prove damages by characterizing the cause of action not as legal malpractice but as a breach of fiduciary duty. The case went on to the Idaho Supreme Court, which decided that the woman's claim for breach of fiduciary duty was acceptable because the woman sought an equitable remedy. In other words, she sought only the fees that she paid the attorney initially to represent her during divorce mediation. 

The state Supreme Court issued its ruling on September 10th that, to deter attorneys' disloyalty to clients, it is acceptable for a former client to seek an equitable remedy for a breach of fiduciary duty. 

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