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 including a contingency fee multiplier in a fee award where the movant presented no evidence that the relevant market required a multiplier to obtain competent counsel . . . (see more) [Added 5/20/24]


A court erred in awarding prevailing party fees to a party who did not comply with the time requirements of Fla.R.Civ.P. 1.525 . . . (see more) [Added 5/16/24]


The Supreme Court approves a Bar petition for changes to rules governing practice pending admission, Bar membership information, Bar-approved referral services, and others . . . (see more) [Added 5/13/24]


A party’s delay in scheduling a hearing on the amount of fees to be awarded did not deprive the trial court of jurisdiction to award fees . . . (see more) [Added 5/10/24]


The Sixth DCA grants a petition for writ of prohibition seeking to disqualify a trial judge who departed from his neutral position in the case . . . (see more) [Added 5/8/24]


The Third DCA addresses the interplay between an alternative recovery clause in a fee agreement and a proposal for settlement . . . (see more) [Added 5/6/24]


A court did not depart from the essential requirements of law simply by entering an order permitting the deposition of a party’s counsel . . . (see more) [Added 4/29/24]


An order awarding fees against a party’s lawyer under F.S. 57.105 is reversed due to lack of notice to the lawyer . . . (see more) [Added 4/25/24]


The Fourth DCA determines that a trial judge should be disqualified based on comments that could reasonably be viewed as antagonistic and indicating that the judge prejudged issues in the case . . . (see more) [Added 4/22/18]


A trial court should have granted a motion to disqualify a judge that was legally sufficient . . . (see more) [Added 4/18/24]


Florida International tops the state's law schools in first-time taker pass rate for the February 2024 general bar examination . . . (see more) [Added 4/15/24]


A joint proposal for settlement under F.S. 768.79 was not invalid even though it did not apportion the offer between the offerors, because one offeror’s liability was only constructive . . . (see more) [Added 4/14/24]


A suit by unit owners against a condo association’s general counsel was properly dismissed because the general counsel did not have a fiduciary relationship with the unit owners . . . (see more) [Added 4/11/24]


The Fourth DCA affirms a trial court’s order finding that a client “clearly and unequivocally” gave settlement authority to his lawyer, and rules that the lawyer did not violate attorney-client privilege by testifying about the settlement authority from his client . . . (see more) [Added 4/8/24]


The Fourth DCA reverses the grant of a Rule 3.850 motion, determining that trial counsel did not render deficient performance . . . (see more) [Added 4/5/24]


A proposal for settlement conditioned on execution of a separate agreement that was not provided was ambiguous and would not support a fee award under F.S. 768.79 and Fla.R.Civ.P. 1.442 . . . (see more) [Added 4/3/24]


The First DCA dismisses a petition for writ of certiorari that sought to prevent financial bias discovery from “hybrid expert/treating physicians” on the basis of Worley . . . (see more) [Added 4/1/24]


Documents created by an insurer after the insureds filed a claim were work product and not subject to production in insured-insurer litigation absent a showing of both need and substantial hardship . . . (see more) [Added 3/28/24]


A judge’s use of a Judicial Ethics Advisory Committee opinion to guide his decision on a motion to disqualify results in the judge’s disqualification . . . (see more) [Added 3/26/24]


The Supreme Court rejects a proposed stipulation for judicial discipline due to the lack of a key factual finding . . . (see more) [Added 3/22/24]


Rejecting the referee’s recommendation, the Supreme Court denies reinstatement to a suspended lawyer . . . (see more) [Added 3/20/24]


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 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]


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 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]


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 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]

NEW in Florida Legal Ethics . . .