Professional Negligence Law Reporter

A Florida appellate court held that an Illinois law firm may be liable in a Florida legal negligence suit involving an estate plan.

Chicago law firm Neal, Gerber & Eisenberg LLP performed estate planning work for artist Matthew Lamb and his wife. Lamb designated Florida in his estate plans, and the firm continued its engagement after Lamb died and his daughter became the estate’s personal representative. The daughter later sued the firm in Florida, alleging claims for breach of fiduciary duty and legal negligence. The defense moved to dismiss for lack of personal jurisdiction. The trial court denied the motion.

Affirming, the appellate court found that the plaintiff alleged sufficient facts to satisfy Florida’s long-arm statute, Fla. Stat. §48.193. The court reasoned that the defendant had served as lead counsel for the estate’s personal representative, provided directions to local counsel, and prepared most of the filings in the probate action, among other things. Moreover, the court found that the defendant’s lawyers attended at least one telephonic hearing and answered questions on behalf of the estate’s personal representative, and the court noted that the physical location of lawyers working on a Florida probate case is not dispositive.

The court concluded that the defendant’s rendering of estate planning services to Lamb with full awareness that he was domiciled in Florida and that his will would be probated there made it reasonably foreseeable that the firm would be haled into court in Florida. Consequently, the trial court’s ruling had been proper.

Citation: Neal, Gerber & Eisenberg LLP v. Lamb-Ferrara, 2024 WL 2742043 (Fla. Dist. Ct. App. May 29, 2024).

Plaintiff counsel: Russell A. Yagel and Matthew O. Hutchinson, both of Tavernier, Fla.