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FLORIDA NEWS ARCHIVE - LAWYER ETHICS, Attorney-Client Relationship

Law firm's representation of an LLC did not create attorney-client relationship with a principal for purposes of disqualification.  [Added 3/11/10]

    Plaintiff, a limited liability company, brought an action against Defendant seeking rescission of a condominium unit sale.  Plaintiff moved to disqualify Defendant's law firm "on the grounds that the law firm had previously personally represented one of the principals of the plaintiff LLC in unrelated matters."  The trial court granted the motion and disqualified Defendant's law firm.  Defendant petitioned the Third DCA for a writ of certiorari.

    The appellate court granted the writ and quashed the disqualification order.  "Without exploring any other infirmity in the order, the simple, acknowledged fact that counsel did not represent the plaintiff itself and thus cannot be in forbidden conflict with its interests renders the order completely unsupportable.  Gonzalez v. Chillura, 892 So.2d 1075 (Fla. 2d DCA 2004) (finding that attorney’s representation of a shareholder in a derivative suit did not create an attorney-client relationship between the attorney or his law firm and the corporation and therefore, did not establish a basis for conflict in the shareholder’s subsequent direct actions against the corporation); Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046, 1048 (Fla. 5th DCA 2004) ('One seeking to disqualify opposing counsel [is] required to show that … an attorney/client relationship existed….') (citing State Farm Mutual Auto. Ins. Co. v. K.A.W., 575 So.2d 630, 634 (Fla. 1991)); State v. Rabin, 495 So.2d 257 (Fla. 3d DCA 1986) ('The burden of establishing the existence of an attorney-client relationship rests with the claimant.')."  PMG Collins, LLC v. R and G Enterprises, LLC, __ So.3d ___ (Fla. 3d DCA, No. 3D09-3171, 3/10/2010).

 

Trial court erred by failing to hold evidentiary hearing before concluding that no attorney-client relationship had been established.  [Added 6/12/09]  --  Powell v. Solowsky, 14 So.3d 1064 (Fla. 3d DCA 2009).

 

Moving for continuance in criminal case was lawyer's decision and was proper even where client opposed it.  [Added 5/26/09]  --  Laidler v. State, 10 So.3d 1136 (Fla. 1st DCA 2009).

 

$250,000 judgment is reversed, partly because one party's lawyer failed to fairly represent it during settlement conference.  [Added 4/13/09]  --  Ashtead Group PLC v. Rentokil Initial PLC, 7 So.3d 606 (Fla. 2d DCA 2009).

 

Third DCA reminds lawyers of the high standards that apply when lawyers engage in business dealings with clients.  [Added 3/4/09]  --  Brigham v. Brigham, 11 So.3d 374 (Fla. 3d DCA 2009).

 

Third DCA discusses test for establishment of attorney-client relationship in context of summary judgment granted in legal malpractice case.  [Added 11/6/08]  --  Mansur v. Podhurst Orseck, P.A., 994 So.2d 435 (Fla. 3d DCA 2008).

 

Order enforcing personal injury settlement reversed because plaintiff's lawyer exceeded settlement authority.  [Added 10/21/08]  --  Johnson v. Skarvan, 992 So.2d 873 (Fla. 5th DCA 2008).

 

Order enforcing settlement agreement reversed due to lack of evidence that counsel had "clear and unequivocal" authority to settle  [Added 7/24/08]  --  Architectural Network, Inc. v. Gulf Bay Land Holdings II, Ltd., 989 So.2d 662 (Fla. 2d DCA 2008).

 

Claim for contingent fee denied because contract was signed by person without authority and minor  [Added 6/4/08]  --  Charles v. Klemick and Gampel, P.A., 984 So.2d 563 (Fla. 2d DCA 2008).

 

"Form" language in retainer agreement is not by itself sufficient to authorize party's lawyer to file proposal for settlement  [Added 4/18/08]  --  Ponce v. U-Haul of Florida, 979 So.2d 380 (Fla. 4th DCA 2008) (on rehearing).

 

Lawyer is unsuccessful in attempt to set aside client's settlement and continue suit in client's name to pursue lawyer's fee award  [Added 3/26/08]  --  Manzini & Associates, P.A. v. Broward Sheriff's Office, 976 So.2d 688 (Fla. 4th DCA 2008).

 

Judgment awarding fees to lawyer is reversed on ground that there was no evidence lawyer had actual or apparent authority to represent purported corporate client.  [Added 12/9/07]  --   Florida State Oriental Medical Ass'n, Inc. v. Slepin, 971 So.2d 141 (Fla. 1st DCA 2007).

 

Capital Collateral Regional Counsel not authorized to represent convicted death penalty defendants in collateral attacks on prior convictions used as aggravators in their convictions, per Florida Supreme Court.  [Added 11/27/07]  --  State v. Kilgore, 976 So.2d 1066 (Fla. 2007).

 

Lawyer appointed as "special counsel" to present mitigation evidence in capital case does not have attorney-client relationship with defendant.  [Added 10/10/07]  --  Grim v. State, 971So.2d 85 (Fla. 2007).

 

Citing Rule of Professional Conduct 4-1.14, Fourth DCA affirms trial court's refusal to appoint attorney ad litem for allegedly incompetent father who was represented by counsel in dependency case.  [Added 6/25/07]  --  S.K. v. Dept. of Children and Families, 959 So.2d 1209 (Fla. 4th DCA 2007).

 

Workers' compensation claimant considered "represented by counsel" at time claimant executed release even though counsel did not know about or advise claimant regarding release.  [Added 11/29/06]  --  Brewer v. Laborfinders of Tampa, 944 So.2d 1102 (Fla. 1st DCA 2006).

 

Corporation's lawyer represents entity under Rule 4-1.13, and under some circumstances may have duty to inquire further below following directives of corporate agent.  [Added 10/23/06]  --  Palafrugell Holdings, Inc. v. Cassel, 940 So.2d 492 (Fla. 3d DCA 2006).

 

Public Defender has no authority to represent criminal defendant in non-capital collateral postconviction proceeding, unless appointed.  [Added 9/8/06]  --  Mann v. State, 937 So.2d 722 (Fla. 3d DCA 2006).

 

Florida Bar Ethics Committee adopts opinion approving electronic storage of lawyers' files.  [Added 6/26/06]  --  Florida Ethics Opinion 06-1.

 

Settlement not enforced where record shows lawyer did not have "clear and unequivocal" authority from client.  [Added 4/14/06]  --  Fivecoat v. Publix Super Markets, Inc., 928 So.2d 402 (Fla. 1st DCA 2006).

 

Law firm's alleged ethical violation did not support claim for tortious interference with another lawyer's attorney-client relationship.  [Added 4/11/06]  --  Loreen I. Kreizinger, P.A. v. Sheldon J. Schlesinger, P.A., 925 So.2d 431 (Fla. 4th DCA 2006).

 

Fraud or similar "bad" acts by defendant needed in order for lawyer to maintain action for tortious interference with attorney-client relationship.  [Added 2/3/2006]  --  Ferris v. South Florida Stadium Corp., 926 So.2d 399 (Fla. 3d DCA 2006).

 

Without "clear and unequivocal grant of authority" settlement agreement entered by lawyer for client is unenforceable.  [Added 11/14/04]  --  Sharick v. Southeastern University of the Health Sciences, Inc., 891 So.2d 562 (Fla. 3d DCA 2004).

 

Tortious interference claim lies where complaint alleged fraud or collusion to deprive law firm of fee, but law firm cannot forbid client to settle without firm's approval.  [Added 10/29/04]  --  Ellis Rubin, P.A. v. Alarcon, 892 So.2d 501 (Fla. 3d DCA 2004).

 

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