Daniel (“Danny”) McDermott is a partner at Adrian Philip Thomas, P.A., who practices probate, trust and guardianship litigation. Mr. McDermott has successfully litigated multiple cases involving undue influence, lack of capacity, tortious interference with an expected inheritance, and statutory civil theft in state and federal courts. Mr. McDermott has taken numerous matters to trial, where he has represented both Plaintiffs/Petitioners and Defendants/Respondents in probate, trust and guardianship matters. Since joining Adrian Philip Thomas, P.A., Mr. McDermott has represented Plaintiffs/Petitioners who have recovered more than $20 million in total, as well as Defendants/Respondents in numerous multi-million lawsuits who have achieved favorable outcomes, through verdicts and settlements.
Mr. McDermott received his J.D. from the University of Miami School of Law, graduating magna cum laude. After graduating from the University of Miami School of Law, Mr. McDermott was asked to address the Florida Third District Court of Appeal on behalf of the newly admitted attorneys at the May of 2014 Ceremonies for the Induction of Candidates for Admission to the Florida Bar, which was based on his outstanding performance on the Florida Bar Examination. During his time at the University of Miami School of Law, Mr. McDermott was an Articles and Comments Editor of the Inter-American Law Review, a board member of the Charles C. Papy, Jr. Moot Court Board, and received honors for his performance in Federal Income Tax, Mediation Workshop, Criminal Litigation Workshop, Business Litigation, and the Litigation Skills-Pre-Trial Course. Following his first year at the University of Miami, Mr. McDermott completed a summer externship with the Honorable Spencer D. Levine of the Florida Fourth District Court of Appeal. Prior to attending law school, Mr. McDermott received his B.A. in economics, minor in business administration, from Rollins College, where he graduated cum laude.
- University of Miami, Coral Gables, Florida Juris Doctor, Magna Cum Laude, School of Law
- Rollins College, Winter Park, Florida B.A., Cum Laude, Economics & Business Management
- Florida, 2014
- U.S. District Court, Southern District of Florida, 2014
Professional Memberships and Affiliations
- Appointed to the Real Property Probate & Trust Law (“RPPTL”) Executive Council for Bar Year 2019-2020
- Appointed Co-Vice Chair of the Real Property Probate & Trust Law (“RPPTL”) General Standing Division ActionLine Committee 2019-2020
- Fellow, Real Property, Probate, and Trust Law Section of the Florida Bar (“RPPTL”)
- Committee Member, Guardianship, Power of Attorney, and Advanced Directives Committee, the RPPTL Section of The Florida Bar
- Committee Member, Probate Law & Procedure Committee, the RPPTL Section of The Florida Bar
- Committee Member, Fellowship and Mentoring Committee, the RPPTL Section of The Florida Bar
- Sub-Committee Member of the §744.387 sub-committee, which is addressing the $15,000 threshold for needing a guardianship for a minor
- Sub-Committee Member of the Rothman sub-committee, which addressed §744.331(4) and the automatic dismissal of Incapacity Petitions when at least two Examining Committee Reports find no incapacity
- Sub-Committee Member of the sub-committee formed in the Trust Law Committee of the RPPTL Section of The Florida Bar to analyze the differences between the Florida Probate Code, Chapter 733, Florida Statutes, and the Florida Trust Code, Chapter 736, Florida Statues, and recommend changes related thereto for the purposes of consistency
- Sub-Committee Member of the Pasquale sub-committee of the Probate and Trust Litigation Committee, the RPPTL Section of The Florida Bar, which is addressing the Due Process implications and differences in deadlines to challenge a Will and a Trust, particularly in situations where the Trust is incorporated by reference into the Will and Formal Notice of the Petition for Administration is given.
- Member, Broward County Bar Association
- Member, The Florida Bar
Recognitions & Awards
- Top Attorneys: Outstanding Young Lawyers In Florida for 2018
- Fellow, Real Property, Probate and Trust Law Section of the Florida Bar (2017 – 2019)
- Accepted into Class III of the Florida Fellows Institute of the American College of Trust and Estate Counsel (2017-2018)
- Rising Star, Florida Super Lawyers, Estate & Trust Litigation (2018)
- Top 40 Trusts and Estate Lawyers Under 40 in the State of Florida (2017)
Speaking Engagements & Publications
- How Best to Handle Client Meetings, Document Signings, Hearings, Depositions, and Mediations in the Outbreak Environment, (SUMMER 2020 Actionline), ActionLine, a Publication of the Florida Bar Real Property, Probate and Trust Law Section.
- Temporary Injunctions in Probate, Guardianship and Trust Proceedings (ActionLine, Summer 2019), ActionLine, a Publication of the Florida Bar Real Property, Probate & Trust Law Section
- Speaker at the You be the Judge Probate Seminar Presented by Dade Legal Aid/Put Something Back DCBA Probate & Guardianship Committee on January 23, 2019.
- Practice Corner: Probate and Trust Division (ActionLine_Summer_2018), Actionline, a Publication of the Florida Bar Real Property, Probate & Trust Law Section
- Practice Corner: Probate and Trust Division (ActionLine_Spring_2018), Actionline, a Publication of the Florida Bar Real Property, Probate & Trust Law Section
- Probate & Trust Case Summaries (ActionLine_Winter_2017), Actionline, a Publication of the Florida Bar Real Property, Probate & Trust Law Section
- Presented the Case Law Update at the RPPTL Guardianship, Power of Attorney, and Advanced Directives Committee (GPAAD) on February 26, 2016, at the Tampa Marriot Waterside
- “Welcome to the Bar Looking Back at Six Months as an Attorney,” the Dade County Bar Bulletin (December 2014)
- Selected to address the Florida Third District Court of Appeal on behalf of the newly admitted attorneys at the May of 2014 Ceremonies for the Induction of Candidates for Admission to the Florida Bar, based on his performance on the Florida Bar Examination
- The Padilla Wrecking Ball; Advocating for Change in Post-Padilla Jurisprudence to Address What Really Ails the Immigration System’s Treatment of Non-Citizen Defendants, 45 U. MIAMI INTER-AM. L. REV. 221 (Number 1, Fall 2013)