Fla. Std. Jury Instr. (Civ.) 402.12

ARISING OUT OF CIVIL LITIGATION

The [next] issue(s) for you to decide on (claimant’s) claim against (defendant) [is] [are] whether (defendant) was negligent in (describe alleged negligence) and, if so, if (defendant) had not been negligent, whether (claimant) would [have been successful] [have obtained a more favorable outcome] in [his] [her] [their] [its] [claim against (original adverse party)] [defense in (original proceedings)].

a. Negligence of plaintiff’s counsel:

In (claimant’s) claim against (original defendant) (claimant) would have had to prove by the greater weight of the evidence that (original defendant) was negligent in (describe conduct involved in original claim) and that (original defendant’s) negligence was a legal cause of the [loss] [injury] [or] [damage] to (claimant).

Depending on the particular cause of action in the original proceeding, add appropriate substantive law instructions from section 400 to frame the appropriate issues from the original proceeding.

[To have been successful in [his] [her] [their] [its] claim against (original defendant) (claimant) must show that any judgment would have been collectible.]

b. Negligence of defendant’s counsel:

In (claimant’s) defense in the case of (identify original case) (claimant) would have had to prove by the greater weight of the evidence that [(original claimant) was negligent and that [his] [her] [their] [its] negligence was a contributing legal cause of the injury or damage to (original claimant)] (describe issues in other applicable defenses).

Depending on the particular cause of action in the original proceeding, add appropriate substantive law instructions from section 400 to frame the appropriate issues from the original proceeding.