Plaintiff law firm filed a Complaint on March 2, 2023, asserting a single count of promissory estoppel against Defendant limited liability company for unpaid legal fees and costs (plus interest). Plaintiff said that the unpaid legal expenses were incurred during Plaintiff’s representation of Defendant’s consultant, Luciana Soledade Rock (“Rock”), in a state-court civil fraud action, James Correia v. Luciana Soledade Rock, No. 2019-031684-CA-01, Circuit Court for the Eleventh Judicial Circuit (the “Correia Litigation”).
This action concerns Defendant’s promise to pay Plaintiff for all legal fees and out-of-pocket expenses billed by Plaintiff to Defendant’s agent, Rock, for representing her in the Correia Litigation.
On August 20, 2024, Defendant served on Plaintiff the expert report of Lawrence A. Kellogg. Plaintiff filed a motion to exclude testimony from Kellogg, as to whether Plaintiff violated Florida’s Rules of Professional Conduct by failing to obtain an executed written engagement letter for the legal services at issue in this lawsuit.
According to Plaintiffs, Kellogg’s expert report relied on inadmissible hearsay from Correia’s attorneys, and he assumed without reviewing any competent and admissible evidence, that Plaintiff instructed Rock not to settle, whereas, the evidence of record provides otherwise.
Legal Ethics Expert Witness
Lawrence A. Kellogg is an attorney admitted to the practice of law in Florida since 1981. He has devoted a substantial percentage of his practice to litigation and ethics counseling involving attorneys.
He also advised lawyers regarding their duties and obligations under the Florida Rules of Professional Conduct and represented lawyers in Florida Bar investigations and bar grievances. Kellogg served on a Bar Grievance Committee.
Discussions by the Court
The Court did not “see any universe where [it] would let an attorney come in here and simply say” that Plaintiff acted unreasonably.
Accordingly, the fact finder will determine the question of the reasonableness (or professionalism) of Plaintiff’s actions in the underlying Correria litigation. In other words, the Court agreed with the Plaintiffs.
Held
The Court granted the Plaintiff’s Daubert motion to exclude the testimony of Lawrence A. Kellogg.
Key Takeaway:
The fact finder will determine the question of the reasonableness (or professionalism) of the Plaintiff’s actions in the underlying Correria litigation.
Case Details:
| Case Caption: | Law Offices Of Rodrigo S. Da Silva, P.A. V. Auckland Holdings, LLC |
| Docket Number: | 1:23cv21147 |
| Court Name: | United States District Court, Florida Southern |
| Order Date: | March 11, 2025 |
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