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Overview
Mark Sullivan is a Partner in Freeman Mathis & Gary, LLP’s Miami office. He is a member of the Professional Liability and Commercial Litigation practice sections with over fifteen years experience defending professionals in complex matters in all levels of state and federal courts, and administrative proceedings.
Those representations have included the defense of professional negligence and breach-of-fiduciary-duty suits, defamation claims, bar grievances, and representations regarding significant fee disputes, disqualification attempts, and defense against large sanctions. During this time he has collected over $950,000 in attorneys’ fees for his clients.
Mr. Sullivan’s work for professionals includes prospectively advising clients on ethical issues and general risk mitigation both in general and emerging areas. He routinely speaks and writes on topics related to professional liability locally and nationally, and was the one of the primary organizers for all three years of the Florida Lawyers’ Professional Liability Seminar with University of Miami and Florida firms that focus on professional liability. He is active in the national legal malpractice defense community and has spoken at the American Bar Association’s national legal-malpractice conference.
Mr. Sullivan earned his Juris Doctor, with honors, from the University of Texas School of Law, and his B.A. in English Literature with minor in Russian Language from the University of Tennessee. While in law school he was an associate editor and notes editor for The Review of Litigation and was awarded the Dean’s Achievement Award in Mass Media Law.
Mr. Sullivan was a machine gunner in the United States Marine Corps, and spent 2002 in Guantanamo Bay, Cuba. He previously distinguished himself by graduating first in his class of approximately 200 Marines at the Marine Corps School of Infantry in 1999.
Bar Admissions
Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
Education
J.D. (with honors)
The University of Texas School of Law
B.A.
The University of Tennessee
Publications & Engagements
- “Ethics and Cyber Security Issues,” ABA Committee on Ethics and Professionalism, Young Lawyer’s Division Newsletter, 2016.
- “Collect with Caution: Avoiding the Traps of the Fair Debt Collection Practices Act,” Published by Continental Casualty Company/CNA, 2017.
- “Legal Malpractice Claims-Advanced Strategies for Case-Within-A-Case Litigation,” 43 Ohio N.U.L. Rev. 331, 332 (2017), 2017.
- “Think Before Speaking: Defamation Pitfalls for the Unwary Lawyer,” Published by Continental Casualty Company/CNA, 2018.
- “Lawyer Referral Fees and the (Unintended?) Legacy of Noris,” The Florida Bar Journal Vol. 95, No.2 March/April 2021.
Representative Cases & Clients
Gottfried v. Kutner, Miami-Dade County, Florida: Granted sworn motion to strike plaintiff’s claims against divorce lawyer.
Eisenberg v. Bercow Radell & Fernandez, Miami-Dade County, Florida: Granted sworn motion to strike plaintiff’s claims, and fee award in lawsuit against land use attorneys for alleged inadequate advice regarding fire safety requirements for historical hotel.
Bornstein v. Marcus, Broward County, Florida: Trial victory and substantial fee award in breach of fiduciary duty suit against lawyer.
Offen v. Intercontinental Hotels et al., Miami-Dade County, Florida: Trial victory for hotel defendant in suit for malicious prosecution and other claims related to plaintiff’s ejection from hotel premises
Newman v. Ormond, United States Court, Southern District, Florida: Obtained summary judgment in favor of lawyer defendant in Fair Debt Collection Practices Act lawsuit.
Affiliations
- American Bar Association
- Association of Professional Responsibility Lawyers
- Florida Defense Lawyers’ Association
Classes/Seminars Taught
- “Legal Malpractice and Ethical Issues,” Miami Lakes Bar Association, 2014
- “Staying out of Trouble: Practical Attorney Guidance for Avoiding Civil and Ethical Exposure.” Florida Defense Lawyer’s Association Advanced Litigation Boot Camp, 2015
- “Ethical Rules and Civil Liability,” University of Miami Professional Responsibility & Ethics Program (PREP) Clinic, 2015
- “Staying out of Trouble: Practical Attorney Guidance for Avoiding Civil and Ethical Exposure,” Dade County Bar Association Young Lawyer Section, 2015
- “Retiring with Your Law License,” FDLA Advanced Litigation Boot Camp, 2016
- “Ethics of Technological Competency,” GILSBAR Ahead of the Curve Series, 2016
- “Navigating the Tropics of Bad Faith,” Insurance Carrier NY, New York, 2017
- “Ethical vs. Civil Liability,” University of Miami PREP Clinic, 2017
- “Ethics and Civil Exposure for Outsourced Legal Work,” GILSBAR Ahead of the Curve Series, 2017
- “Misadventures in Malpractice,” Florida Defense Lawyers’ Annual Meeting, 2017
- “Outsourcing, and File Maintenance and Retention,” GILSBAR Ahead of the Curve Series, 2017
- “Misadventures in Legal Malpractice,” Desayuno con CABA, 2018
- “Greatest Case Law Update Ever!,” American Bar Association Lawyer Professional Liability National Conference, 2018
- “From Hello to Goodbye,” University of Miami School of Law Legal Malpractice & Professional Liability Roundtable, 2018
- “Shifting Landscapes: Adapting Your Firm to Emerging Threats,” GILSBAR Ahead of the Curve Series, 2018
- “Whose Money Is It?,” University of Miami School of Law Legal Malpractice & Professional Liability Roundtable, 2019
Practice Sections
Education
J.D. (with honors)
The University of Texas School of Law
B.A.
The University of Tennessee