The Supreme Court adopts amendments to the Rules Relating to Admissions to the Bar . . . (see more) [Added 5/23/16]

A proposal for settlement under F.S. 768.79 and Fla.R.Civ.P. 1.442 that did not mention a form of release or dismissal was not ambiguous and thus was enforceable . . . (see more) [Added 5/13/16]

An insurer whose policy gave it the right to control the insured’s defense is liable for attorney’s fees imposed after the insurer rejected a proposal for settlement . . . (see more) [Added 5/12/16]

A fee award under F.S. 768.79 based on unaccepted proposals for settlement is reversed because the offeror failed to strictly comply with Fla.R.Civ.P. 1.442, which requires that a proposal expressly state “whether attorney’s fees are part of the legal claim" . . . (see more) [Added 5/7/16]

A defendant first sued as a corporation and then as an LLC when plaintiff amended his complaint, was entitled to recover fees under F.S. 768.79 based on a proposal for settlement made by corporation defendant despite the fact that defendant prevailed as an LLC . . . (see more) [Added 5/6/16]

The Third DCA reminds lawyers of their obligation regarding “a fundamental tenant of appellate advocacy” . . . (see more) [Added 5/4/16] 

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

An offer of judgment was valid and enforceable where the offeror made claims for both monetary and non-monetary relief, but did not actually pursue non-monetary damages in the litigation . . . (see more) [Added 4/28/16]

A trial court properly awarded fees as a sanction for a party’s misconduct that resulted in a mistrial but erred in including time spent for subsequent trials . . . (see more) [Added 4/27/16]

A defendant who successfully defeated a claim on the ground that she had no contract with the plaintiff cannot claim fees based on that non-existent contract . . . (see more) [Added 4/26/16]

The First DCA declares attorney’s fee provisions in the workers’ compensation law unconstitutional on First Amendment grounds . . . (see more) [Added 4/22/16]

A contingency multiplier was not permissible when a court awarded fees against an insurer, where the attorney-client contract was not a true contingency agreement . . . (see more) [Added 4/21/16]

A trial court erred in denying a public defender’s motion to withdraw on conflict grounds after the lawyer failed to disclose privileged information in response to the judge’s questioning . . . (see more) [Added 4/20/16]

A trial court improperly imposed section 57.105 sanctions on a party for making claims without factual support, after allowing the party’s claim to survive a summary judgment motion and a motion for involuntary dismissal . . . (see more) [Added 4/19/16]

University student disciplinary records are protected by federal privacy law (FERPA) and so are not subject to disclosure under the Public Records Act, with limited exceptions . . .  (see more)   [Added 4/19/16]

The Fourth DCA reverses a $5.8 million verdict in a tobacco case due to improper argument by plaintiff’s counsel
. . . (see more) [Added 4/18/16]

The Third DCA cautions counsel that improper argument can result in reversal of a favorable verdict . . . (see more) [Added 4/18/16]

In a dispute over a fee award under F.S. 627.428, an insurer had no standing to advance its construction of the contingent fee agreement to which it was neither a party nor an intended beneficiary . . . (see more) [Added 4/16/16]

The Supreme Court holds that a prevailing party is entitled to fees under the Public Records Act when the public agency violated the Act, regardless of whether the agency acted in bad faith . . . (see more) [Added 4/15/16]

In May the Board of Governors will vote on changes to the trust accounting rules to allow trust accounts to be held in credit unions and clarify lawyers’ duties to protect funds in which non-clients may have an interest . . . (see more) [Added 4/13/16]

A trial court’s failure to orally inform a parent in a termination of parental rights proceeding of the right to assert an ineffective assistance claim in circuit court does not require abatement of the direct appeal and remand for filing . . . (see more) [Added 4/12/16]

Florida International leads the state schools in pass rate for the February 2016 bar exam . . . (see more) [Added 4/11/16]

The Second DCA reverses sanctions imposed against a lawyer who gave “dishonest” answers to the trial judge in a matter involving Facebook research on a juror
. . . (see more) [Added 4/9/16]

The Second DCA upholds the denial of a petition seeking approval of a continent fee contract in excess of the Bar’s maximum fee schedule . . . (see more) [Added 4/8/16]

The Supreme Court denies appellate attorney’s fees to the prevailing parties in the legislative redistricting case . . . (see more) [Added 4/8/16]

A trial court must question witnesses with neutrality and impartiality, regardless of whether it is during a bench trial or a jury trial . . . (see more) [Added 4/7/16]

The First DCA denies the prevailing parties fees in the legislative redistricting case, applying the “American Rule” and declining to adopt the private attorney general doctrine . . . (see more) [Added 4/5/16]

Appellate counsel provided ineffective assistance by failing to raise on direct appeal the court’s error in denying defendant’s request for a jury instruction on a necessarily lesser included offense . . . (see more) [Added 4/4/16]

An evidentiary hearing on a claim for fees under F.S. 57.105 is appropriate, but the claimant is not entitled to privileged information from opposing party or her counsel to prove the fee claim . . . (see more) [Added 4/3/16]

The Supreme Court rules that opposing counsel’s time records are relevant and discoverable by a party seeking to recover fees when the fees are contested . . . (see more) [Added 3/31/16]

The Supreme Court amends Rule of Judicial Administration 2.535 to clarify that live court reporters must be used in all death penalty trials and capital postconviction proceedings . . . (see more) [Added 3/28/16]

The Supreme Court resolves a conflict among DCAs regarding whether a person charged with direct criminal contempt has a right to counsel . . . (see more) [Added 3/19/16]

A trial court erred in not awarding prejudgment interest as part of an award of appellate attorney’s fees under F.S. 57.105 . . . (see more) [Added 3/14/16]

The Supreme Court rules that a defendant pursuing a postconviction motion on the ground of failure to present an expert need not always identify the witness by name and allege the witness’s availability for trial . . . (see more) [Added 3/12/16]

The Supreme Court adopts a 2-prong test for determining postconviction claims for newly discovered evidence in cases in which a guilty plea was entered . . . (see more) [Added 2/23/16]

The Florida Bar asks the Supreme Court to approve a rule specifying when and under what limited conditions a personal injury lawyer may refer a case requiring “extraordinary” lien resolution services to another lawyer who would perform those services . . . (see more) [Added 2/22/16]

The Supreme Court reverses murder and aggravated child abuse convictions based on numerous and “inflammatory” improper closing arguments at the guilt phase of trial . . . (see more) [Added 2/22/16]

A trial court did not abuse its discretion in denying pro hac vice admission to an out of state lawyer who recently received a letter of admonishment from the Arizona Bar . . . (see more) [Added 2/18/16]

The Fifth DCA remains “troubled” by the number of cases that it sees involving improper prosecutorial argument . . . (see more) [Added 2/16/16]

The Fourth DCA “nearly" reverses a multi-million dollar judgment due to improper remarks by a plaintiff’s counsel who “pushed the envelope at every turn" . . . (see more) [Added 2/9/16]

A conviction is reversed because the trial court prohibited the defendant from conferring with his lawyer during a recess while he was on the witness stand . . . (see more) [Added 2/3/16]

The Professional Ethics Committee votes to pursue adoption of an advisory opinion regarding a lawyer lobbying the legislature when the lawyer’s partner is an elected legislator . . . (see more) [Added 1/26/16]

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 Second DCA criticizes counsel for not doing the “professional and civil thing to do” and simply stipulating to entry of an order rather than litigating . . . (see more) [Added 12/30/15]

A trial court erred ruling that a corporation waived its attorney-client privilege by disclosing documents to the corporation’s agents, where the court failed to conduct an in camera inspection of the documents . . . (see more) [Added 12/24/15]

There is a presumption that a lawyer is duly authorized to act for the client and accept service on the client’s behalf . . . (see more) [Added 12/21/15]

The Supreme Court removes a judge from office for conduct relating to a physical altercation with an assistant public defender . . . (see more) [Added/12/21/15]

A lawyer who was added as co-counsel in a contingent fee case fails in his claim for a portion of the fee, which is awarded in full to the first lawyer because the first lawyer’s contract was never modified . . . (see more) [Added 12/10/15]

The Fourth DCA addresses the definition of a “contingency fee” in rejecting an argument that no fee was due a law firm under an agreement for payment of earned fees
. . . (see more) [Added 11/11/15]

The Supreme Court rejects a Florida Bar proposed advisory opinion filed by the Unlicensed Practice of Law Committee because it did not address “specified conduct” as required by the Court’s Goldberg decision . . . (see more) [Added 10/22/15]

The Board of Governors unanimously rejects admission to the Florida Bar on motion, with or without reciprocity . . . (see more) [Added 10/16/15]

A federal court strikes down a Florida Bar rule prohibiting non-certified lawyers from claiming specialization or expertise in particular areas of the law . . . (see more) [Added 10/13/15]

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 Board of Governors concludes that text messaging to prospective clients is permitted as advertising rather than a type of prohibited solicitation . . . (see more) [Added 8/13/15]

The Supreme Court denies a petition to authorize the Florida Bar to raise membership fees by up to $100 per year to be used for legal aid to the poor . . . (see more) [Added 7/9/15]

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]

Rejecting the recommendation of the Board of Bar Examiners, the Supreme Court permanently denies admission to an applicant who “has demonstrated a lifetime of dealing in falsehoods” . . . (see more) [Added 12/3/14]

The Supreme Court approves multiple rule changes requested by the Florida Bar, including revisions to rules governing conflicts and paying witnesses, but rejects a proposal to restrict activities of suspended and disbarred lawyers . . .  (see more) [Added 3/29/14]


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