JOHNNY WASHINGTON, SR., ETC., APPELLANT,
v.
FIREMAN'S FUND INSURANCE COMPANY AND FOWLER, WHITE, BURNETT, HURLEY, BANICK & STRICKFOOT, P.A., APPELLEES
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PER CURIAM.
Appellant appeals from an order dismissing his complaint with prejudice on the grounds that an action for legal malpractice is not assignable. We affirm.
The assignability of a legal malpractice action is apparently a question of first impression in this state. A majority of jurisdictions prohibit the assignment of such actions because of the personal nature of legal services which involve highly confidential relationships. See Chaffee v. Smith, 98 Nev. 222, 645 P. 2d 966 (1982); Clement v. Prestwich, 114 Ill.App.3d 479, 70 Ill.Dec. 161, 448 N.E. 2d 1039 (1983); Joos v. Drillock, 127 Mich.App. 99, 338 N.W. 2d 736 (1982); Christison v. Jones, 83 Ill.App.3d 334, 39 Ill.Dec. 560, 405 N.E. 2d 8 (1980); Goodley v. Wank & Wank, Inc., 63 Cal.App.3d 389, 133 Cal.Rptr. 83 (1976). We agree with the majority. As a matter of public policy, we cannot permit enforcement of a legal malpractice action which has been transferred by assignment.
Accordingly, this court affirms the trial court’s dismissal of the complaint with prejudice.
LETTS, HERSEY and GLICKSTEIN, JJ., concur.
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Kozich v. Shahady, 702 So. 2d 1289 (Fla. 4th DCA 1997)…party in interest in the malpractice case. We note that his assignee/brother cannot be considered the real party in interest, as this court has long held that a legal malpractice action may not be transferred. Washington v. Fireman’s Fund Ins. Co., 459 So. 2d 1148, 1149 (Fla. 4th DCA 1984). See also Florida Patient’s Comp. Fund v. St. Paul Fire and Marine Ins. Co., 535 So. 2d 335, 338 (Fla. 4th DCA 1988), approved, 559 So. 2d 195 (Fla.1990). To hold that Kozich lacks standing to bring the instant action would…
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LAW Off. OF David J. Stern, P.A. v. Sec. Nat'l Servicing Corp., 969 So. 2d 962 (Fla. 2007)…ersonal nature of legal services which involve a confidential, fiduciary relationship of the very highest character, with an undivided duty of loyalty owed to the client.”); Forgione, 701 So. 2d at 559 (quoting Washington v. Fireman’s Fund Ins. Co., 459 So. 2d 1148, 1149 (Fla. 4th DCA 1984) (“Florida law views legal malpractice as a personal tort which cannot be assigned because of ‘the personal nature of legal services which involve highly confidential relationships.’ ”)). The Fourth District read Kaplan as f…
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Cowan Liebowitz & Latman, P.C. v. Kaplan, 902 So. 2d 755 (Fla. 2005)…“Florida law views legal malpractice as a personal tort which cannot be assigned because of ‘the personal nature of legal services which involve highly confidential relationships.’ ” 701 So. 2d at 559 (quoting Washington v. Fireman’s Fund Ins. Co., 459 So. 2d 1148, 1149 (Fla. 4th DCA 1984)). Several years later, we permitted the assignment of a claim against an independent auditor for professional malpractice in preparing an audit. See KPMG, 765 So. 2d at 39. As in Forgione, we noted that legal malpractice c…
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