Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Jonathan A. Galler

Jonathan A. Galler

Senior Counsel

Jonathan A. Galler is a senior counsel in the Litigation Department. He concentrates his practice in the areas of probate and trust litigation, as well as commercial litigation, representing fiduciaries and beneficiaries in high stakes trust and estate disputes. Working closely with Proskauer's team of estate planning and administration lawyers, Jonathan litigates undue influence claims, will and trust contests, inheritance disputes, breach of fiduciary duty claims, trust construction and modification actions, and similar probate and trust matters through all phases of dispute resolution.

Jonathan writes and speaks frequently on probate and trust litigation topics. He is the 2017-2018 Chair of the Florida Probate Rules Committee, and a member of the Executive Council of the Real Property, Probate and Trust Litigation Section of the Florida Bar. He also co-authors a quarterly column on Florida probate law for the New York State Bar Association Trusts and Estates Law Section Newsletter.

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Florida’s Fiduciary Lawyer-Client Privilege Adopted by the Florida Supreme Court

Last week, the Florida Supreme Court adopted section 90.5021, Fla. Stat. – Florida’s fiduciary lawyer-client privilege – to the extent it is procedural and held that the decision is retroactive to the Florida legislature’s enactment of the statute in 2011. The statute provides for application of the lawyer-client privilege when that client is a fiduciary, … Continue Reading

Florida’s Fiduciary Lawyer-Client Privilege is on the Books, But is it Good Law?

In 2011, Florida’s legislature enacted section 90.5021, Fla. Stat., which provides for application of the lawyer-client privilege – even when the client is a fiduciary. Specifically, the statute protects communications between a lawyer, on the one hand, and a client who is a trustee, personal representative or executor, or guardian, on the other hand. The … Continue Reading