Johnny WASHINGTON, Sr., Etc., Appellant, v. FIREMAN‘S FUND Insurance Company and Fowler, White, Burnett, Hurley, Banick & Strickfoot, P.A., Appellees.
No. 83-1816.
District Court of Appeal of Florida, Fourth District.
November 28, 1984.
459 So. 2d 1148
William D. Ricker, Jr., of Fleming, O‘Bryan & Fleming, Fort Lauderdale, for appellee Fowler, White, Burnett, Hurley, Banick & Strickfoot, P.A.
PER CURIAM.
Appellant appeals from an order dismissing his complaint with prejudice on the
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.