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Keywords

defendantdamagesattorneylawyernegligenceliabilitystatutetrialmotionmalpracticetrustwillstatute of limitationsstrict liabilitypunitive damages
settlementdamagesattorneylawyerdiscoverystatutetrialtrustwillstatute of limitationspunitive damagesrespondent

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The Florida Bar v. Neale, 384 So.2d 1264

Facts

William J. Neale represented Mrs. Mitchell in a dog bite case stemming from an incident in 1970. After filing suit in 1973, he discovered shortly before trial that the dog had a history of biting, which could have allowed for punitive damages. However, his motion to amend the complaint was denied, and believing the statute of limitations was four years, he voluntarily dismissed the case. The actual statute of limitations for strict liability in dog bite cases was three years, leading to a successful defense by the defendants in a subsequent suit.

This complaint against Neale arose from his representation of a Mrs. Mitchell for a claim of injuries she suffered as a result of being bitten by a dog in 1970. After attempts to negotiate a settlement failed, Neale filed suit on Mitchell's behalf in 1973. A few days before trial, Neale learned that the dog had a history of biting and that punitive damages might be available.

Issue

Did attorney William J. Neale's conduct in handling the dog bite case constitute a violation of ethical standards warranting disciplinary action?

Did attorney William J. Neale's conduct in handling the dog bite case constitute a violation of ethical standards warranting disciplinary action?

Rule

A lawyer shall not handle a legal matter without adequate preparation and shall not neglect a legal matter entrusted to him.

A lawyer shall not: (2) Handle a legal matter without preparation adequate in the circumstances. (3) Neglect a legal matter entrusted to him.

Analysis

The court analyzed Neale's actions and determined that while he made significant errors, including a lack of adequate preparation and misunderstanding the statute of limitations, these mistakes did not rise to the level of ethical violations. The court emphasized the importance of distinguishing between negligence and ethical misconduct, noting that disciplinary action should not serve as a substitute for malpractice claims.

The referee found that Neale's late discovery of the dog's propensity to bite reflected inadequate preparation under the circumstances because Neale did not properly interrogate his client or make an independent investigation that would have resulted in his learning of the dog's history of biting.

Conclusion

The court rejected the referee's recommendations and dismissed the charges against Neale, concluding that his conduct, while negligent, was insufficient to warrant disciplinary action.

We therefore reject the recommendations of both the referee and the bar and dismiss the charges against the respondent.

Who won?

William J. Neale prevailed in the case as the court found that his conduct did not warrant disciplinary action despite his mistakes.

Neale learned a fact that he deemed important late in the game. He then overlooked or misconstrued the statute of limitations on his statutory remedy. This neglect, however, is not of sufficient magnitude to warrant conviction of an ethical violation under Canon 6.

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