diligent inquiry in Florida

2015This rule “is premised on the understanding that an attorney, who acts in good faith and makes a diligent inquiry into an area of law, should not be held liable for providing advice or taking action in an unsettled area of law.” Id.

2015In order for an attorney to prevail on a claim of judgmental immunity, “the attorney must show that (1) the legal authority supporting the asserted cause of action was ‘fairly debatable’ or ‘unsettled,’ and (2) that she or he acted in- good faith and made a diligent inquiry into the unsettled area of law.” Haisfield v. Fleming, Haile & Shaw, P.A., 819 So.2d 182, 185 (Fla. 4th DCA 2002) (citing Crosby, 705 So.2d at 1358 ).

2019See Sapp, 141 So. at 129 .

2015In order for an attorney to prevail on a claim of judgmental immunity, “the attorney must show that (1) the legal authority supporting the asserted cause of action was ‘fairly debatable’ or ‘unsettled,’ and (2) that she or he acted in- good faith and made a diligent inquiry into the unsettled area of law.” Haisfield v. Fleming, Haile & Shaw, P.A., 819 So.2d 182, 185 (Fla. 4th DCA 2002) (citing Crosby, 705 So.2d at 1358 ).

2015In order for an attorney to prevail on a claim of judgmental immunity, “the attorney must show that (1) the legal authority supporting the asserted cause of action was ‘fairly debatable’ or ‘unsettled,’ and (2) that she or he acted in- good faith and made a diligent inquiry into the unsettled area of law.” Haisfield v. Fleming, Haile & Shaw, P.A., 819 So.2d 182, 185 (Fla. 4th DCA 2002) (citing Crosby, 705 So.2d at 1358 ).

2015Mallen, Recognizing and Defining Legal Malpractice, 30 S.C.L.Rev. 203, 210 (1979); see also Hanson v. Fowler, White, Burnett, P.A., 117 So.3d 1127, 1133 (Fla. 3d DCA 2012) (finding that judgmental immunity did not apply but lawyer was nonetheless entitled to judgment in his favor where party “lost in federal court on remand not because of any tactical decisions on his lawyer’s part, but because the District Court inexplicably refused to rely upon a prior ruling on an issue that had been raised by the parties, tried by consent at a bench trial, and left untouched by the appellate court”). *823

2015An issue of law is unsettled if it “is one that has not yet been determined by the state’s court of last resort and on which reasonable doubt may be entertained by well-reasoned lawyers.” Id. (citing Hodges v. Carter, 239 N.C. 517 , 80 S.E.2d 144, 146 (1954)).

2015An issue of law is unsettled if it “is one that has not yet been determined by the state’s court of last resort and on which reasonable doubt may be entertained by well-reasoned lawyers.” Id. (citing Hodges v. Carter, 239 N.C. 517 , 80 S.E.2d 144, 146 (1954)).

1999"Summary judgment is only appropriate when the movant has shown conclusively that no genuine issues of material fact remain; every inference is drawn in favor of the party against whom summary judgment is sought." White v. Whiddon, 670 So.2d 131, 133 (Fla. 1st DCA 1996).