sunEthics
Covering legal ethics, judicial ethics, bar admissions in Florida, Tennessee, and nationally. See our Subject Index to past postings.
A trial court erred in denying a motion for sanctions under F.S. 57.105(1)(a) . . . (see more) [Added 9/26/23]
The Fourth DCA addresses the law that applies when original counsel and successor counsel are both owed fees from a client in a contingent fee case, ruling that it was error to limit the total fee paid to both firms to the contingent fee percentage . . . (see more) [Added 9/21/23]
Florida International posts the state's top first-time taker pass rate for the July 2023 general bar examination . . . (see more) [Added 9/18/23]
The Third DCA grants a petition for writ of prohibition to disqualify a trial judge . . . (see more) [Added 9/14/23]
A court erred in imposing a charging lien for a lawyer’s fees on the opposing party . . . (see more) [Added 9/12/23]
The Supreme Court amends the Bar rule governing emergency suspensions from practice . . . (see more) [Added 9/8/23]
A trial court properly disqualified a lawyer from representing a party in any aspect of a will contest litigation because the lawyer would be a necessary witness and he had formerly represented the movant in related matters . . . (see more) [Added 9/5/23]
The Supreme Court grants the Bar’s motion to dismiss its petition to create a “Registered Online Service Provider” program . . . (see more) [Added 8/31/23]
A trial court did not abuse its discretion in disqualifying a lawyer from representing his law firm in a libel trial against the firm’s former client . . . (see more) [Added 8/28/23]
A public records request was properly denied because it asked for a response to questions rather than copies of records . . . (see more) [Added 8/23/23]
A trial judge is disqualified because his order denying a disqualification motion went beyond merely denying the motion . . . (see more) [Added 8/21/23]
An insurer’s payment of policy limits after a lawsuit and civil remedy notice were filed is the equivalent of a confession of judgment and can support a claim for fees . . . (see more) [Added 8/17/23]
When a plaintiff’s case is dismissed for failure to prosecute, the defendant is the prevailing party . . . (see more) [Added 8/14/23]
The Supreme Court acts on Bar recommendations designed to improve professionalism in the legal profession, including amending CLE requirements . . . (see more) [Added 7/10/23]
The Supreme Court amends lawyer advertising rules regarding disclaimers, presumptively valid content, direct mail communications, and qualifying providers . . . (see more) [Added 6/25/23]
The Supreme Court rules that the offer of judgment statute, F.S. 768.79, is not a prevailing party statute . . . (see more) [Added 6/20/23]
Florida International leads the state in first-time bar passage results for the February 2023 general bar examination . . . (see more) [Added 4/11/23]
The Supreme Court grants the Florida Bar’s petition to amend the confidentiality rule in two respects, including adding a provision addressing responses to negative online reviews . . . (see more) [Added 3/16/23]
Responding to a petition from the Bar, the Supreme Court amends bar rules various subjects including lawyer advertising, dealing with clients with diminished capacity, inventory attorneys, and confidentiality in the disciplinary system . . . (see more) [Added 3/4/22]
The Supreme Court amends Rule 4-5.5 to conform to the UPL advisory opinion permitting lawyers licensed in other states to work remotely from Florida for extended time periods on matters not involving Florida . . . (see more) [Added 2/18/22]
Rejecting a lesser sanction, the Supreme Court suspends a lawyer for 2 years for making unfounded accusations of racial bias and failing to properly handle a misdelivered fax . . . (see more) [Added 12/10/21]
The Board of Governors votes to reject recommendations made by the Special Committee to Improve Delivery of Legal Services concerning non-lawyer ownership of law firms, fee sharing, and changes to advertising rules . . . (see more) [Added 11/8/21]
The Supreme Court rejects a referee’s recommendation for reinstatement of a suspended lawyer and asks the Bar to study whether civil mediation should be prohibited in Bar case . . . (see more) [Added 10/27/21]
The Supreme Court approves a unique rule creating a special disciplinary process for complaints against lawyers that were instigated by a judge’s complaint or comment . . . (see more) [Added 10/25/21]
The Supreme Court clarifies the scope of Worley and declines to apply it to permit discovery regarding the financial relationship between a defendant’s nonparty insurer and a defense expert witness . . . (see more) [Added 10/19/21]
A narrow Supreme Court majority rules that a company connecting drivers who get traffic tickets with lawyers who will defend the tickets engaged in the unauthorized practice of law . . . (see more) [Added 10/15/21]
The Supreme Court denies a claim of ineffective assistance based on alleged “disarray and division” among the defense team . . . (see more) [Added 8/30/21]
The Supreme Court amends the IOTA rules, adopting proposals of the Task Force on the Distribution of IOTA Funds with modifications . . . (see more) [Added 6/21/21]
The Professional Ethics Committee approves for publication a proposed advisory opinion addressing the ethical obligations of a lawyer in responding to negative online reviews posted by someone who is not the lawyer's client or former client . . . (see more) [Added 6/11/21]
A unanimous Florida Supreme Court rules that an insurer has standing to bring a legal malpractice action against counsel it hired to represent its insured, based on the policy’s subrogation provision . . . (see more) [Added 6/4/21]
The Supreme Court approves an advisory opinion concluding that it is not the unlicensed practice of law for a lawyer licensed in other states but not in Florida to work remotely from his home in Florida on federal intellectual property matters . . . (see more) [Added 5/21/21]
The Supreme Court approves rule changes regarding appointments to Bar ethics and advertising committees, and expands electronic signatures to more aspects of Bar functions . . . (see more) [Added 5/14/21]
The Professional Ethics Committee approves a proposed confidentiality rule amendment to authorize limited responses to negative online reviews, adopts new proposed advisory opinions on using web-based payment processing services and the obligations of a lawyer appointed to represent an alleged incapacitated person in an emergency guardianship proceeding, and modifies a long-standing opinion on providing case file materials to clients and former clients . . . (see more) [Added 3/26/21]
The Supreme Court amends and renames the Rules of Judicial Administration, addressing judicial disqualification, creating disqualification through adding counsel, and appearance of “stand-in counsel” . . . (see more) [Added 1/27/21]
The Supreme Court rules that a unilateral attorney’s fee provision in a credit card contract is made reciprocal when the debtor prevails in an account stated action to collect unpaid debt . . . (see more) [Added 1/18/21]
The Florida Bar files its biennial rule change petition with the Supreme Court, seeking rule amendments relating to fees, clients with diminished capacity, client files, advertising, solicitation, and other topics . . . (more) [Added 10/8/20]
The Supreme Court remands a disciplinary case for further proceedings after clarifying that an “advice of counsel” defense may be available in limited circumstances . . . (see more) [Added 6/26/20]
The Supreme Court approves a rule permitting spouses of military service members to practice as certified legal interns while undergoing the character and fitness review pending authorization to practice in Florida . . . (see more) [Added 5/26/20]
The Florida Bar petitions the Supreme Court for approval of new rules creating a “Registered Online Service Provider” program . . . (see more) [Added 1/3/20]
The Supreme Court approves amendments to Rule 4-7.14 to permit non-certified lawyers, and law firms, to advertise that they specialize or have expertise in areas of practice . . . (see more) [Added 7/1/19]
NEW in Florida Legal Ethics . . .