Ms. Deborah Poore FitzGerald, Esq.

Ms. Deborah Poore FitzGerald, Esq.: Attorney with Walton Lantaff Schroeder & Carson LLP
Attorney Awards
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Biography

As General Counsel at Walton Lantaff, Deborah FitzGerald offers clients the perspective of a respected and seasoned trial lawyer, bringing decades of experience in professional liability, commercial litigation and appellate practice to the firm’s most complex matters.

A graduate of Morehead State University, she earned her Bachelor of Arts with the highest honors, before going on to receive her Juris Doctor from the University of Kentucky School of Law, where she competed on the Moot Court National Team. Since her admission to The Florida Bar in 1979, she has built a distinguished career defending professionals - including attorneys, accountants, realtors and appraisers - in malpractice and high-stakes litigation.

Ms. FitzGerald’s practice reflects a longstanding interest in professional liability, commercial disputes and insurance defense matters involving personal injury and property damage. Throughout her career, Ms. FitzGerald has taken on significant leadership and service roles within the legal community, including presidencies within local bar associations and ongoing participation in federal court committees and mediation initiatives. Her experience spans jury trials, arbitrations and appeals, as well as strategic defense in matters involving governmental entities and negligence claims.

As counsel, Ms. FitzGerald provides seasoned guidance, thoughtful strategy and a clear path forward in even the most demanding disputes.

Honors & Awards:

•First recipient of the Judge Jose A. Gonzalez, Jr. Unsung Hero Award which was voted upon by the Federal Judges of the Southern District (Broward Division), awarded in August 2009
•A-V Preeminent Rating by Martindale Hubbell
•Co-Chair, Broward County Bar Association Legal Malpractice Summit, 2014 and 2015
•Served on the Florida Bar Grievance Committee, Seventeenth Judicial Circuit (including position of Vice-Chair)
•Nominated into The Fellows of the American Bar Foundation

Publications:

•Authored a Chapter entitled, “Motion for Attorneys’ Fees and Costs,” in The Defense Manual, published by the Florida Defense Lawyers Association (2006)

Speaking Engagements:

•Law and Ethics Update - Attorney’s Liens, 2014-2015, Walton Lantaff seminars for adjusters
•Construction Law, 2015, CNA National Webinar
•Broward County Bar Association, Legal Malpractice Summit, Fall 2014

Representative Experience:

•Successful defense of a business appraiser in jury trial for malpractice. The plaintiff, a bookkeeping firm, alleged negligence by the business appraiser, in its appraisal of the business for purposes of obtaining a bank loan. The plaintiff sought damages in excess of $ 500,000. After a four day trial, the jury found in favor of the business appraiser.
•Successful defense of a certified public accountant (‘valuation firm’) in an action by the U.S. Department of Labor (DOL) arising out of an annual valuation of stock in an Employee Stock Option Plan (ESOP) in which the DOL sought a permanent injunction barring the professional from ever conducting appraisals of ESOP stock and disgorgement of past fees. The trial court dismissed the claim finding that there had been no prohibited transaction by the valuation firm; there was no ‘act or practice’ by the valuation firm that violated ERISA, and the disgorgement of professional fees and an injunction to prohibit all future valuation work for ERISA covered plans would not be appropriate equitable relief under ERISA.
•Successful defense of a lawyer and law firm in a claim for negligence in a family law proceeding, resulting in voluntary dismissal by plaintiff.

Community Involvement:

•Junior League of Greater Fort Lauderdale, Sustaine

Areas of Practice (6)

  • Professional Liability
  • Commercial Litigation
  • Insurance defense in personal injury and property damage claims
  • Appellate Practice
  • Governmental Entities
  • Medical/Professional Negligence

Education & Credentials

University Attended:
Morehead State University, B.A., with high honors, 1976
Law School Attended:
University of Kentucky, J.D., 1979
Year of First Admission:
1979
Admission:
1979, Florida Bar; U.S. District Court, Southern District of Florida including Trial Bar, Middle and Northern Districts of Florida; U.S. Court of Appeals, Fifth Circuit
Memberships:

Professional or Trade Affiliations

•American Board of Trial Advocates (ABOTA) (Ft. Lauderdale Chapter President, 2011)
•Council on Litigation Management (CLM)
•Broward County Bar Association (President, 2012-2013)
•The Federal Bar Association (Ft. Lauderdale Chapter, Past President 1992)
•Member of the Ad Hoc Advisory Committee on Court Annexed Mediation for the United States District Court for the Southern District of Florida (2000-Present) (Chair, 2013-16)
•Member, The Federal Court for the Southern District Florida Bench & Bar Conference Committee, 2010 and 2012
•State of Florida Certified Arbitrator
•American Bar Association (including the Standing Committee on Lawyers' Professional Liability)
•American Bar Association

Reported Cases:
Representative Experience: Successful defense of a business appraiser in jury trial for malpractice. The plaintiff, a bookkeeping firm, alleged negligence by the business appraiser, in its appraisal of the business for purposes of obtaining a bank loan. The plaintiff sought damages in excess of $ 500,000. After a four day trial, the jury found in favor of the business appraiser.; Successful defense of a certified public accountant ('valuation firm') in an action by the U.S. Department of Labor (DOL) arising out of an annual valuation of stock in an Employee Stock Option Plan (ESOP) in which the DOL sought a permanent injunction barring the professional from ever conducting appraisals of ESOP stock and disgorgement of past fees. The trial court dismissed the claim finding that there had been no prohibited transaction by the valuation firm; there was no 'act or practice' by the valuation firm that violated ERISA, and the disgorgement of professional fees and an injunction to prohibit all future valuation work for ERISA covered plans would not be appropriate equitable relief under ERISA.; Successful defense of a lawyer and law firm in a claim for negligence in a family law proceeding, resulting in voluntary dismissal by plaintiff.
ISLN:
904365762

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