Sara Kallop Publishes Daily Business Review Article on Assignability of Legal Malpractice Claims in Florida
Sara Kallop Publishes Daily Business Review Article on Assignability of Legal Malpractice Claims in Florida
RumbergerKirk Partner Sara Lewis Kallop authored the article, “Florida’s Third DCA Reaffirms: Legal Malpractice Claims Are Not Assignable,” published by the Daily Business Review on October 7, 2026.
In the article, Kallop examines the Third District Court of Appeal’s decision in Carnevale v. Krinzman Huss & Lubetsky, which reaffirmed Florida’s long-standing rule that legal malpractice claims are personal torts and cannot be assigned. The court held that even when a bankruptcy court approves the assignment of a legal malpractice claim, that approval does not give the assignee standing to pursue the claim in Florida state court.
Kallop explains that the decision reinforces two key policy concerns underlying Florida’s prohibition on assigning legal malpractice claims: protecting attorney-client confidences and preventing the creation of a market for malpractice claims. She also notes the court’s distinction between assignable causes of action arising from contracts or statutes and personal tort claims such as legal malpractice.
The ruling has practical implications for judgment creditors, bankruptcy practitioners and others considering the acquisition or transfer of legal malpractice claims. Kallop cautions that bankruptcy court approval does not override Florida substantive law governing assignability and that parties should carefully evaluate state-law restrictions before pursuing such claims. For law firms facing potential exposure, the decision also reaffirms that non-assignability remains a viable defense even where an assignment has received judicial approval in another forum.
Based in RumbergerKirk’s Orlando office, Kallop focuses her practice on complex commercial litigation, employment and professional liability. She represents clients in professional malpractice claims, corporate and partnership disputes, director and officer liability, breach of fiduciary duty and fraud matters, as well as employment-related litigation.
Kallop earned her Juris Doctor from Villanova University School of Law and an LL.M., with distinction, from the University of Edinburgh School of Law. She is admitted to practice in Florida, Illinois, New Jersey and New York.
Read the full article here: LINK
About RumbergerKirk
RumbergerKirk provides litigation and counseling services in a wide range of civil practice areas including product liability, commercial litigation, construction, real estate, intellectual property litigation, securities litigation, labor and employment law, bankruptcy, insurance coverage, professional liability and administrative law. Offices are located in Orlando, Tampa, Miami, Tallahassee and Birmingham, Alabama. Visit www.rumberger.com.
Reprinted with permission from the October 7, 2026, edition of Daily Business Review © 2026 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.