A trial court erred in failing to allow a substitution of counsel in an incapacity proceeding . . . (see more) [Added 6/19/17]

A trial court erred in invalidating approval of a workers’ compensation insurance rate increase for alleged violations of the open meetings and public records laws . . . (see more) [Added 6/13/17]

The First DCA concludes that an indigent defendant represented by pro bono counsel has no right to file motions for appointed experts and miscellaneous costs ex parte and under seal, but certifies the question to the Florida Supreme Court . . . (see more) [Added 6/12/17]

Where neither fees nor punitive damages were pleaded, a trial court erred in ruling that an offer of settlement was invalid because it did not state whether fees were part of the claim settlement or include an amount for punitive damages . . . (see more) [Added 6/9/17]

A judge’s disqualification was not warranted when a criminal defendant complained about the judge’s handling of trial scheduling and alleged “favoritism” toward the State . . . (see more) [Added 6/8/17]

The Third DCA cautions prosecutors against arguments asking the jury to “do justice” for the victim, but affirms because the improper comments were not objected to . . . (see more) [Added 6/7/17]

The Florida Supreme Court suspends and publicly reprimands a judge as a result of allegedly misleading and deceptive campaign advertising . . . (see more) [Added 6/5/17]

An evidentiary hearing is required to determine whether the crime-fraud exception applies to an asserted attorney-client privilege . . . (see more) [Added 6/3/17]

A trial judge is disqualified due to the judge’s stated policy of requiring the State to file an information within 21 days of the defendant’s arrest to avoid a sua sponte release of the defendant or reduction of bond . . . (see more) [Added 6/1/17]

The Florida Supreme Court amends the Code of Judicial Conduct to address financial and gift disclosure requirements for judges . . . (see more) [Added 5/31/17]

A court’s “brief advisement concerning deportation in the middle” of a plea colloquy did not cure counsel’s misadvice to a criminal defendant regarding the deportation consequences of a guilty plea . . . (see more) [Added 5/28/17]

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]

A court erred in granting summary judgment on a law firm’s claim of litigation privilege, where some of the firm’s actions were taken after withdrawing from the representation . . . (see more) [Added 5/17/17]

A trial court erred in granting summary judgment for a defendant lawyer and law firm in a legal malpractice suit . . . (see more) [Added 5/12/17]

A convicted defendant’s claim of ineffective assistance of counsel is denied on appeal because he could not show that the representation was “adversely affected” when the original prosecutor switched to become his defense counsel on the same case . . . (see more) [Added 5/11/17]

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

A prevailing party may be awarded fees for litigating the amount of fees to be recovered if the contract so provides; payment of “reasonable compensation” to fact witnesses for “preparing for, attending, and testifying at proceedings” is permitted by Rule 4-3.4(b) and does not affect right to fees . . . (see more) [Added 5/3/17]

The Florida Supreme Court adopts rules of procedure to be following regarding claims for ineffective assistance of counsel in termination of parental rights proceedings . . . (see more) [Added 5/1/17]

A trial court erred in denying fees to a party whose proposals for settlement were not accepted, on the ground that the proposals were not served by email . . . (see more) [Added 4/28/17]

A trial court erred in awarding fees in a dissolution case based on its own formula to provide a “disincentive” to future litigation rather than following the requirements of F.S. 61.16 . . . (see more) [Added 4/26/17]

The Third DCA affirms a conviction despite improper closing arguments that were not objected to, but emphasizes that the affirmance does not make the prosecutor’s misconduct “awful but lawful” . . . (see more) [Added 4/24/17]

A trial court erred in denying a fee motion on the ground that the movant’s proposal for settlement was ambiguous because the attached release used broad language typical of a standard general release . . . (see more) [Added 4/23/17]

The Florida Supreme Court rules that whether a personal injury client’s lawyer referred the client to a doctor for treatment is protected by the attorney-client privilege . . . (see more) [Added 4/19/17]

The First DCA reverses a postconviction court’s order granting a new trial on the ground that defense counsel rendered ineffective assistance by failing to object to comments by the prosecutor during closing argument . . . (see more) [Added 4/18/17]

After reversing convictions for other reasons, the Third DCA comments on improper closing arguments by the prosecution to prevent their recurrence at the retrial . . . (see more) [Added 4/17/17]

Referring in a release to “defendants” (plural) does not create a reasonable ambiguity in a proposal for settlement, per the Third DCA . . . (see more) [Added 4/16/17]

In order for the reciprocal fee provisions of section 57.105 to apply, there must be a contract between the parties . . . (see more) [Added 4/15/17]

The Florida 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 Florida Bar asks the Supreme Court to approve amendments to relax conflict rules when lawyers provide short-term, limited representation through non-profit organization, court, agency, bar association, and law school programs . . . (see more) [Added 4/13/17]

The Florida Bar petitions the Supreme Court for approval of rules that would allow lawyer spouses of active duty military personnel to practice in Florida for limited time under certain conditions . . . (see more) [Added 4/12/17]

The University of Miami leads all Florida law schools with a first-time pass rate of 80.6% on the February 2017 general bar examination . . . (see more) [Added 4/11/17]

The irrefutable presumption that a lawyer acquired confidential information in an attorney-client relationship also applies to “prospective clients,” per the Third DCA . . . (see more) [Added 3/20/17]

The Professional Ethics Committee adopts an advisory opinion on criminal defense lawyers telling clients about company that would finance the lawyer’s legal fees through loans to clients . . . (see more) [Added 3/10/17]

The Supreme Court rules that a $100,000 attorney’s fee limitation in a $10 million claims bill for a law firm’s client was an unconstitutional impairment of the attorney-client contract . . . (see more) [Added 2/14/17]

The Professional Ethics Committee addresses third-party financing of criminal defense legal fees and diving fees with out-of-state lawyers who work in firms that have non-lawyer partners . . . (see more) [Added 2/2/17]

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 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]

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