A trial court erred by applying the wrong standard in ruling on a motion for fees under F.S. 57.105 . . . (see more) [Added 12/2/16]

The Third DCA grants a petition for certiorari to quash a non-final order compelling disclosure of attorney-client privileged documents and opinion work product . . . (see more) [Added 12/1/16]

A court was not required to use the “magic words ‘bad faith’” in an order sanctioning a lawyer for repeatedly violating court orders and putting inadmissible evidence before the jury . . . (see more) [Added 11/29/16]

The Florida Supreme Court decides that offers of settlement made to 3 related defendant entities may not be aggregated before being compared to the final judgment for purposes of a fee award under F.S. 768.79 . . . (see more) [Added 11/28/16]

The Florida Bar petitions the Supreme Court for amendments to rules regarding soliciting gifts or fiduciary appointments from clients, settling malpractice claims with unrepresented clients, notifying clients when leaving a law firm, using “specialist” or “expert” in advertising, contacting prospective clients, keeping trust funds in credit unions, and protecting trust funds when third parties claim an interest in them . . . (see more) [Added 11/23/16]

The Florida Bar petitions the Supreme Court for amendments to the law school practice program and the authorized house counsel rules . . . (see more) [Added 11/22/16]

The Supreme Court affirms the grant of a new trial in the case of a murder defendant whose trial counsel was ineffective due to laboring under conflicts of interest . . . (see more) [Added 11/21/16]

The Fourth DCA affirms a judgment even though a juror violated the trial court’s order by commenting on social media while the trial was pending . . . (see more) [Added 11/17/16]

The Supreme Court reprimands a judge for ex parte communication and conduct “as improper as it was rude" . . . (see more) [Added 11/14/16]

The Supreme Court rules that, if attorney’s fees are not sought in the pleadings, an offer of settlement is not invalid for not stating whether the offer includes fees . . . (see more) [Added 11/10/16]

A trial court erred in dismissing a party’s case as a sanction based on its counsel’s conduct in a different case . . . (see more) [Added 11/9/16]

An employer/carrier is not liable for workers comp attorney’s fees if it accepts responsibility for medical expenses within 30 days after claimant files a petition, even if those expenses are not paid within the 30-day period . . . (see more) [Added 11/8/16]

A criminal defendant’s reliance on counsel’s allegedly incorrect regarding whether a plea could result in his photo being posted on the FDLE website may constitute ineffective assistance of counsel . . . (see more) [Added 11/7/16]

A clause in arbitration agreements requiring each party to pay their own attorney’s fees violates public policy because it negates the statutory fee-shifting provision . . . (see more) [Added 11/4/16]

The Supreme Court rejects a referee’s recommendation and disbars rather than suspends two lawyers for their involvement in a secret settlement with an insurer that effectively deprived co-counsel of a share of fees and failed to disclose information to clients . . . (see more) [Added 10/31/16]

In addressing an attorney-client privilege question concerning a decedent’s estate planning lawyer, the Third DCA highlights the distinction between evidentiary privilege and the ethical rule of confidentiality . . . (see more) [Added 10/28/16]

The Florida Bar Professional Ethics Committee publishes proposed advisory opinions on waiving advanced costs in personal injury cases and on criminal defense lawyers telling clients about a company that would finance the lawyer’s legal fees in the representation . . . (see more) [Added 10/26/16]

The Third DCA refers a lawyer to the Local Professionalism Panel as a sanction for improperly abandoning an appeal . . . (see more) [Added 10/24/16]

An order requiring a party to produce all sworn witness statements, which were work product, is quashed as a departure from the essential requirements of law . . . (see more) [Added 10/22/16]

The Florida Bar petitions the Supreme Court for approval of rules to facilitate the collaborative law process in family law . . . (see more) [Added 10/11/16]

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]

On rehearing en banc, the Fourth DCA reverses a $70 million judgment against tobacco defendants due to “repeated inflammatory arguments of plaintiff’s counsel” . . . (see more) [Added 10/3/16]

The Florida Supreme Court amends the ethics rules to address technological competence and requires 3 CLE hours in technology every 3 years (increasing the total required CLE hours to 33 every 3 years) . . . (see more) [Added 9/29/16]

The Fourth DCA affirms an order granting defendants’ motion for new trial for in a tobacco case after a $2 million jury verdict, due to improper closing argument . . . (see more) [Added 9/26/16]

Florida International tops the state in general bar exam results for July 2016 . . . (see more) [Added 9/19/16]

A “passing reference” to equitable relief in a complaint does not render an offer of judgment in the case invalid . . . (see more) [Added 9/13/16]

In a child custody action, the trial court improperly awarded fees to the father based on the mother’s “selfish”  attempt to change custody where the mother did not have ability to pay . . . (see more) [Added 9/7/16]

When responding to a public records request, a public agency is not required to identify the statutory exemption for each individual redaction in a record . . . (see more) [Added 9/6/16]

The Supreme Court permanently disbars 2 lawyers whose conduct “is among the most shocking, unethical, and unprofessional” ever seen by the Court . . . (see more) [Added 8/25/16]

The Board of Governors petitions the Supreme Court for approval of changes to the rules governing referral services and other entities that match potential clients with lawyers . . . (see more) [Added 8/16/16]

In reversing an $11 million plaintiffs’ verdict for other reasons, the Fourth DCA criticizes arguments by plaintiffs’ counsel and suggests they would warrant reversal if properly preserved . . . (see more) [Added 8/6/16]

The First DCA reverses a verdict for the defendant in a personal injury case due to improper closing argument, and also criticizes plaintiff’s counsel for denigrating a defense expert and defense counsel on Facebook . . . (see more) [Added 8/4/16]

A judge is not disqualified from a case, despite having compared a party’s procedures to those of the “Taliban” in a related suit . . . (see more) [Added 7/5/16]

The Professional Ethics Committee acts on waiving costs in personal injury cases, finance companies that advance fees in criminal cases, and Florida lawyers working with non-Florida firms that permit non-lawyer ownership . . . (see more) [Added 6/22/16]

The Supreme Court holds that workers’ compensation fee statute is unconstitutional . . . (see more) [Added 4/28/16]

A judgment for a lawyer in her suit against a former client for posting defamatory online reviews is affirmed on appeal . . . (see more) [Added 1/8/16]

The Supreme Court rejects proposed changes to the lawyer referral service rules, instead directing the Florida Bar to develop a proposal that requires for-profit referral services to be lawyer owned or operated . . . (see more) [Added 9/27/15]

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]

The Supreme Court amends Rules Regulating The Florida Bar on lawyer discipline, confidentiality, trust accounting, professionalism, and others . . . (see more) [Added 6/12/15]

The Supreme Court approves “housekeeping” changes to the Rules of Professional Conduct regarding duties to prospective clients, misdirected electronic communications, and unauthorized practice of law . . . (see more) [Added 5/21/15]

The Board of Governors adopts “Professionalism Expectations” for Florida lawyers . . . (see more) [Added 2/3/15]

The Florida Bar withdraws its “Guidelines for Advertising Past Results” after a federal court finds them unconstitutional . . . (see more) [Added 12/22/14]

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