Rules: Malicious Prosecution definition
Rules: Malicious Prosecution. The law in Florida is well-settled that a malicious prosecution action requires the occurrence of the following five elements: (1) a criminal or civil judicial proceeding was commenced against the plaintiff; (2) the proceeding was instigated by the defendant; (3) the proceeding ended in favor of the plaintiff; (4) the proceeding was instigated with malice or without probable cause; and (5) the plaintiff suffered damages as a result of the defendant’s filing of the litigation. Attorney rude and unprofessional: A Lawyer who behaves rude and unprofessional will likely be found guilty of various rule violations, including Rule 4- 8.4(d) (conduct prejudicial to the administration of justice).