Can a Florida Estate Sue a Non-Florida Law Firm?

When a Florida plaintiff wants to sue a non-Florida defendant, it is necessary for the plaintiff to establish that a Florida court has “personal jurisdiction” over the defendant. This is typically accomplished through Florida’s Long-Arm Statute. Basically, the plaintiff must demonstrate the defendant has sufficient “minimum contacts” with Florida such that the defendant could reasonably be expected to be sued in a Florida court.

Chicago Law Firm Unsuccessful in Avoiding Florida Jurisdiction

The Long-Arm Statute recently came up in a Florida case, Neal, Gerber & Eisenberg LLP v. Lamb-Ferrara, involving litigation between a Florida estate and the Chicago-based law firm of the former estate planning lawyers. In 2008, the decedent and his wife, both Florida residents, hired the firm to update their estate plans. The decedent passed away in 2012. His widow was subsequently appointed personal representative of his Florida probate estate.

During the probate, the Chicago firm continued to represent the estate, although it advised the widow to retain local counsel in Florida, which she did. The widow later resigned as personal representative. The probate court appointed the decedent’s daughter as the successor personal representative. The Chicago firm continued to represent the estate until 2019.

In 2021, the personal representative and her sister sued the firm for malpractice and breach of fiduciary duty. (The sisters are joint co-trustees of their parents’ respective trusts.) The law firm moved to dismiss the complaint, alleging the Florida state courts lacked personal jurisdiction. The trial court denied the motion to dismiss, a decision upheld by the Florida Third District Court of Appeals.

The Third District explained that the sisters alleged sufficient facts to establish personal jurisdiction under Florida’s Long-Arm Statute. Indeed, the court noted there were a number of prior Florida cases extending personal jurisdiction “to non-resident defendants that perform estate services for an estate probated in Florida, even where those legal services may have been performed outside of Florida.”

Critically in this case, the mere fact that the firm’s lawyers physically performed its legal services for the decedent and the estate in Chicago was not enough to defeat Florida’s long-arm jurisdiction. Nor did it matter that the firm lacked any office or other physical presence in Florida. What did matter was that the firm “rendered estate planning services” to someone it knew to be a Florida resident. Additionally, the firm admitted to directing the work of local Florida counsel performed for the estate. “As such,” the Third District concluded, the firm “should have reasonably foreseen being [hauled] into court in Florida for issues arising from the activities it directed into Florida.”

Contact Florida Estate and Trust Litigation Lawyer Mark R. Manceri Today

Estate litigation disputes often require addressing complex technical issues such as jurisdiction. An experienced Pompano Beach estate and trust litigation lawyer can guide you through this process and help to ensure your interests are fully represented in court. Call the offices of Mark R. Manceri, P.A., today at 954-491-7099 to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=4163077593804518480