sunEthics 

Covering legal ethics, judicial ethics, bar admissions in Florida, Tennessee, and nationally.  See our Subject Index to past postings.

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NEW in Florida Legal Ethics . . .

An offer of judgment was not ambiguous because it included settlement of attorney’s fees claims when the complaint did not seek a fee award . . . (see more) [Added 4/23/18]


On rehearing, the Fourth DCA quashes an order disqualifying a law firm that employed a lawyer who previously represented its client’s opponent but left the firm while the disqualification motion was pending . . . (see more) [Added 4/20/18]


A state attorney did not violate the public records law by making the requested records available at the main office rather than an office closer to the requester’s home . . . (see more) [Added 4/19/18]


Florida International posts the top first-time-taker pass rate for the February 2018 general bar examination . . . (see more) [Added 4/16/18]


A judgment awarding fees that included a contingent fee multiplier is reversed despite the lack of a transcript of the fee hearing because there was no finding whether the relevant market required a multiplier . . . (see more) [Added 4/15/18]


A city violated the Sunshine Law because the city council’s discussions exceeded the scope of the “shade session” exception to the law . . . (see more) [Added 4/11/18]


A trial court properly denied fees to borrowers who persuaded the court that the foreclosing bank was not a signatory to the note or mortgage and thus was not entitled to enforce them . . . (see more) [Added 4/10/18]


A law firm is denied fees under a contingent fee agreement that did not comply with Bar rules, but may pursue recovery in quantum meruit . . . (see more) [Added 4/5/18]


The First DCA affirms a Commission on Ethics ruling that a long-time contract city attorney violated one provision of the Ethics Code, but reverses as to second violation . . . (see more) [Added 4/3/18]


A release served with a proposal for settlement was not ambiguous even though, due to a typographical error, the release contained the names of non-parties . . . (see more) [Added 4/2/18]


A judge who recused himself after trial but before sentencing did not commit reversible error by refusing to disclose details underlying his recusal . . . (see more) [Added 3/30/18]


The Supreme Court disbars, rather than suspends, a lawyer whose lack of supervision of an employee with a criminal history “gives new meaning to the phrase 'turning a blind eye'" . . . (see more) [Added 3/28/18]


A trial court did not err in denying a motion to disqualify the court in a contentious family law case . . . (see more) [Added 3/27/18]


The Supreme Court amends the mediator rules to provide for publication of advisory opinions on the website . . . (see more) [Added 3/26/18]


A court erred in awarding prevailing party fees under F.S. 57.105(7) to a party that purchased the subject property from the bankruptcy trustee after the borrowers filed for bankruptcy . . . (see more) [Added 3/21/18]


A lawyer who represented a client in settling a suit had apparent authority to accept notice of late payment for the client . . . (see more) [Added 3/16/18]


Dismissal of a mortgage foreclosure action without prejudice will support an award of prevailing party fees under F.S. 57.105(7) . . . (see more) [Added 3/14/18]


The Supreme Court amends rules regulating referral services to expressly recognize their applicability to all client-lawyer matching services, and further orders the Bar to prepare rules restricting services that refer to more than one professional service . . . (see more) [Added 3/9/18]


The First DCA rules that the litigation privilege does not bar an action for malicious prosecution, regardless of whether the party in question was an original defendant in the underlying litigation or added later . . . (see more) [Added 3/8/18]


The Fourth DCA declines to disqualify a law firm that employed a lawyer who previously represented its client’s opponent, where the lawyer left the firm before the disqualification motion was filed . . . (see more) [Added 3/5/18]


The Supreme Court disbars, rather than suspends, a lawyer after repeated professionalism-related violations . . . (see more) [Added 2/26/18]


A law firm’s assignment of a client’s debt for legal fees to a third party violates the Rules of Professional Conduct and is unenforceable, per the U.S. District Court . . . (see more) [Added 2/23/18]


The Supreme Court amends the Evidence Code, recognizing that communications between a lawyer and a client acting as a fiduciary are protected by the attorney-client privilege . . . (see more) [Added 2/20/18]


The Supreme Court disbars instead of suspends a lawyer who caused “extremely serious” harm to clients in cannabis-related representations . . . (see more) [Added 2/16/18]


The Board of Governors approves a proposed rule change to increase the CLE requirements in “professionalism” . . . (see more) [Added 2/14/18]


Resolving a conflict among DCAs, the Supreme Court holds that a 57.105 fee award is permissible in dating, repeat, and sexual violence injunction actions filed under F.S. 784.046 . . . (see more) [Added 2/13/18]


The Board of Governors decides that it is permissible for a lawyer to ask a client to pay the premium on a “litigation cost protection” insurance policy in the event of a recovery for the client in a contingent fee case . . .  (see more[Added 2/12/18]


The Bar and the Board of Bar Examiners file a revised petition asking the Supreme Court to adopt rules providing for temporary authorization for spouses of active duty military personnel to practice law in Florida . . . (see more) [Added 2/7/18]


The Third DCA disqualifies a law firm that had employed a lawyer who had previously represented its client’s opponent, despite the firm’s termination of the conflicted lawyer . . . (see more) [Added 1/30/18]


Florida Coastal tops the state in pass rate for the November 2017 Multi-state Professional Responsibility Exam . . . (see more) [Added 1/19/18]


Rejecting the federal courts’ approach, the Supreme Court reaffirms that under Florida law there is not a “rare” and “exceptional” circumstances exception to application of a contingency fee multiplier to a prevailing party fee award . . . (see more) [Added 1/9/18]


The Board of Governors determines that the “Avvo Advisor” program is considered a “lawyer referral service” under Bar rules . . . (see more) [Added 1/2/18]


The Supreme Court rejects proposed rules for temporary authorization to practice law in Florida for spouses of active duty military personnel . . . (see more) [Added 12/26/17]


The Board of Governors approves Florida Ethics Opinion 17-1 regarding fee-sharing with law firms in jurisdictions with rules that permit non-lawyer ownership in law firms . . . (see more) [Added 12/24/17]


The Supreme Court approves a change to the bar admission rules designed to make it easier to transfer bar exam scores from other states to Florida . . . (see more) [Added 12/5/17]


The Supreme Court broadly construes Amendment 7 to protect external peer review reports of a hospital’s adverse medical incidents that were created by an outside retained expert . . . (see more) [Added 11/28/17]


The Supreme Court approves rule amendments regarding soliciting gifts or fiduciary appointments from clients, notifying clients when leaving a law firm, contacting prospective clients, settling malpractice claims with unrepresented clients, holding trust funds in credit unions, protecting trust funds when third parties claim an interest, emeritus attorneys, authorized house counsel, and foreign legal consultants; the Court rejects proposed change to rules on using “specialist” or “expert” in advertising . . . (see more) [Added 11/21/17]


The Supreme Court suspends a lawyer for one year instead of the recommended 60 days for violating the rule against solicitation of clients
. . . (see more) [Added 11/6/17]


Hoping to increase access to justice, the Supreme Court approves relaxed conflict of interest rules to apply in short-term, limited representation carried out through non-profit organization programs . . . (see more) [Added 10/23/17]


The Supreme Court rejects proposed changes to rules that would recognize 3 types of representation (lead counsel, additional counsel, and limited representation counsel), without prejudice to submission of “more individualized and refined proposals”  . . . (see more) [Added 9/15/17]


The Supreme Court adopts rules of professional conduct and family law procedure to facilitate use of the collaborative law process in family law cases . . . (see more) [Added 5/19/17]


The Supreme Court rejects a referee’s recommended sanction and imposes a longer suspension on a lawyer found guilty of disbursing trust funds without court approval and negligence in managing his trust account . . . (see more) [Added 5/8/17]


The Supreme Court dismisses without prejudice the Bar’s petition to amend the rules regulating lawyer referral services . . . (see more) [Added 5/3/17]


The Supreme rejects proposed amendments to the rules regarding character and fitness evaluations of students who apply for the Law School Practice Program . . . (see more) [Added 4/14/17]


The Supreme Court rejects a third Florida Bar proposal to authorize lawyers to handle “extraordinary” lien resolution services on a referral from a personal injury lawyer . . . (see more) [Added 10/7/16]


The Supreme Court approves a rule defining retainers, flat fees, and advance fees and specifying how they should be handled for trust accounting purposes . . . (see more) [Added 9/19/15]