The Complaint filed in Miami-Dade Circuit Court Seeks $10 Million in Damages over Carlton Fields’ Negligent Representation as Plaintiff’s Counsel in a 2020 Lawsuit
MIAMI, FL, January 22, 2022 /24-7PressRelease/ — Florida real estate developer and entrepreneur, Mallory Kauderer, Regents Park Equity, LLC, and Little River Realty, LLC. are alleging legal malpractice against Carlton Fields, P.A.
The complaint, filed on January 12, 2022 by Miami attorney Adam S. Hall in the 11th Judicial Circuit in and for Miami-Dade County, Florida, alleges Carlton Fields, P.A., failed to present a proper defense for the Plaintiffs, resulting in an adverse summary judgment ruling on a claim for breach of fiduciary duty, which was compounded by Carlton Fields’ failure to defend a civil theft claim and other claims at a subsequent trial.
“Clients are entitled to have a lawyer that will advocate for their interests and vigorously defend against misguided claims brought against them,” said attorney Adam S. Hall. “It is rare that a trial judge, during a trial, tells the lawyer exactly the type of evidence that he needs to see in the defense of a claim for such a defense to be sustained. It is even more rare that, after being advised of the necessary evidence for a successful defense, that the lawyer fails to present exonerating evidence when such evidence in fact exists. Here, both things happened. The malpractice was inexcusable and completely avoidable.”
As a result, a final judgment that included a finding of felonious intent for the purpose of civil theft and an award of treble damages was entered against Kauderer and the Plaintiff entities. In the Complaint, the Plaintiffs assert that, despite the trial court’s warnings that it was looking for evidence proving any lack of criminal intent, Carlton Fields negligently failed to present any defense case whatsoever, calling no witnesses, and presenting no evidence in Plaintiffs’ defense when ample evidence existed that Kauderer had no intent to wrongfully retain funds.
The Plaintiffs allege Carlton Fields’ decision to not present a defense, which was made during trial, was in direct disregard of their repeated requests that it do so. Additionally, Plaintiffs allege that Carlton Fields breached its duty of care to Plaintiffs by failing to advise them prior to trial that they were at risk of exposure to an award of treble damages on the civil theft claim. The Plaintiffs allege that Carlton Fields’ negligent failure to defend and advise Plaintiffs resulted in damages in excess of $10,000,000.00 and the ruin of the Plaintiffs’ business reputation in the real estate development community.
The Hall Law Firm handles all types of high-level litigation cases, including complex corporate and business disputes, international issues, securities, intellectual property, partnership disputes, employment, real estate, and professional malpractice. As a boutique law firm, we offer an attention to detail and personalized legal services unmatched by our competitors. The firm’s Founder and Managing Partner, Adam S. Hall, has decades of experience as a commercial litigator. Hall is a complex commercial trial lawyer and advocate for victims of state-sponsored terrorism. He recently made national and worldwide headlines after securing a $70 million settlement for victims of the U.S.S. Cole bombing. Our attorneys’ courtroom experience and understanding of complex issues that arise during litigation is a tremendous asset to our clients, while our size allows us to provide the personalized attention they deserve. For more information, visit https://hallpa.com.
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