The Fifth DCA criticizes the professionalism of a lawyer who based her appellate argument on the testimony of her client, which the trial court found to be less credible than the state’s witness . . . (see more) [Added 6/24/15]


The requirement that a court make express findings of bad faith when awarding fees as a sanction under its inherent authority applies regardless of whether the award is against the party or the party’s lawyer . . . (see more) [Added 6/23/15]


The Florida Supreme Court removes a judge from the bench due to her misconduct as a lawyer before being elected to judicial office . . . (see more) [Added 6/20/15]


A lawyer need not research a particular issue in order to successfully defend a legal malpractice case on the ground of judgmental immunity . . . (see more) [Added 6/19/15]


A Judge of Compensation Claims erred in denying a motion to disqualify him due to “improper allegations” against the movant’s lawyer in an unrelated case . . . (see more) [Added 6/18/15]


A trial court erred in ordering a party’s lawyer, who was not counsel of record, to be deposed
. . .  (see more[Added 6/18/15]


A lawyer’s charging lien cannot include expenses incurred in prosecuting the lien, and may not enforced against an alimony award if doing so would deprive the former spouse of daily sustenance or minimal necessities of life
. . . (see more) [Added 6/17/15]


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


The Florida Supreme Court amends the Code of Judicial Conduct to permit coordinated campaigns and pooled resources in appellate judge retention elections . . . (see more) [Added 6/11/15]


A law firm’s charging lien does not take priority over an attorney’s fee indemnification provision in a spousal agreement entered into before the law firm was hired . . . (see more) [Added 6/8/15]


The Florida Supreme Court amends the bar admission rules to provide for appointment of additional members to the Florida Board of Bar Examiners . . . (see more) [Added 6/7/15]


The Florida Supreme Court suspends a judge for 30 days for using social media for her husband’s judicial campaign . . . (see more) [Added 6/5/15]


The fact that a person was the subject of a direct criminal contempt proceeding will not bar an unauthorized practice of law prosecution based on the same underlying facts . . . (see more) [Added 6/4/15]


The Supreme Court suspends a lawyer for one year (rather than the recommended 91 days) for bad faith conduct in violating court orders . . . (see more) [Added 6/3/15]


A lawyer’s “abuse of the rehearing process” prompts the Fifth DCA to refer the lawyer to the Florida Bar and issue an order to show cause why he should not be monetarily sanctioned for filing the “meritless and insulting” motion . . . (see more) [Added 6/2/15]


The Florida 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]


A trial court abused its discretion in denying a motion for post-trial juror interview . . . (see more) [Added 5/20/15]


The Supreme Court issues a UPL advisory opinion concerning activities of community association managers . . . (see more) [Added 5/20/15]


The attorney-client privilege may not protect the client from being compelled to disclose whether her lawyer referred her to her treating doctors . . . (see more) [Added 5/20/15]


A trial court erred in ordering production of a claims management services company’s case file over work product and attorney-client privilege objections; work product retains qualified protection applies regardless of whether subsequent litigation is related . . . (see more) [Added 5/19/15]


A trial judge is disqualified for allegedly refusing to allow the former husband to cross-examine the former wife during a hearing on an emergency motion to temporarily suspend the husband’s child custody . . . (see more) [Added 5/19/15]


The Florida Supreme Court amends the Rules of Appellate Procedure to implement mandatory statewide electronic records on appeal . . . (see more) [Added 5/16/15]


Jump-start your ethics research using the 2014 Florida Legal Ethics Review by Tim Chinaris . . .  (see more[Added 5/22/15]


The Second DCA imposes sanctions on a lawyer, refers her to the Bar, and orders her to self-report to the local Circuit Professionalism Panel for failure to follow proper appellate procedures
. . . (see more) [Added 5/13/15]


A party’s “foolish” and “astounding negligence” regarding a missing promissory note might warrant sanctions, but does not rise to the level of fraud upon the court . . . (see more) [Added 5/12/15]


A judge who made “acerbic comments” and showed “overall hostility” to defendants and their counsel is disqualified . . . (see more) [Added 5/12/15]


A trial court applied the wrong legal standard in ruling that a criminal defendant could not represent himself . . . (see more) [Added 5/9/15]


A fee award under F.S. 61.16 requires specific factual findings regarding financial need and ability to pay . . . (see more) [Added 5/9/15]


The Fourth DCA quashes an order requiring broad disclosure of an expert witness’s financial information relating to testimony for an insurance company and defense counsel . . . (see more) [Added 5/8/15]


A proposal for settlement under F.S. 768.79 was not deficient because it failed to address a loss of consortium claim maintained by the offeree’s spouse . . . (see more) [Added 5/8/15]


A law firm is disqualified for opposing a former client in a substantially related matter despite the passage of 10 years . . . (see more) [Added 4/30/15]


A court correctly overruled attorney-client privilege objections to questions asked at a hearing to enforce an alleged settlement, because the privilege was waived when the objecting party put at issue the question of its lawyer’s authority to settle . . . (see more) [Added 4/27/15]



A court erred by granting summary judgment for a legal malpractice defendant on the ground that the plaintiff could not prove that the alleged conflict caused the plaintiff’s damages
. . . (see more) [Added 4/15/15]

 
Supreme Court holds that a settlement proposal by a single offeror to a single offeree that resolves claims of or against other parties is a joint proposal subject to the apportionment requirement of Fla.R.Civ.P. 1.442
. . . (see more[Added 4/25/15]


Supreme Court holds that apportionment of a settlement amount is required where an offer of judgment is made by or to multiple parties . . . (see more) [Added 4/25/15]
 

The Supreme Court increases a lawyer’s suspension to one year for knowingly violating discovery obligations, failing to correct false testimony at a deposition, and failing to notify the opponent that she was in possession of property in which the opponent claimed an interest . . . (see more) [Added 4/24/15]


A legal malpractice action should be stayed or abated while the underlying litigation on which it is based is still pending . . . (see more) [Added 4/19/15]


A trial court erred in compelling production of attorney-client privileged documents based on relevance and need by the opponent . . . (see more) [Added 4/19/15}


The statutory worker’s comp sliding scale fee formula applies separately to each attorney involved in the case . . . (see more) [Added 4/18/15]


The Florida Board of Bar Examiners releases the results for the February 2015 general bar exam; Ave Maria tops the list . . . (see more[Added 4/13/15]


A law firm is hit with section 57.105 sanctions for trying to collect its fee against the homestead property of a client’s former spouse
. . . (see more) [Added 4/13/15]


The Third DCA affirms that enforcement of a charging lien in a contingent fee case should take place in the court where the underlying action is pending, but not until the contingency has occurred . . . (see more) [Added 4/12/15]


A judge is publicly reprimanded by the Supreme Court for lack of candor in connection with statements made before a Judicial Nominating Commission . . . (see more) [Added 4/11/15]


A joint defense agreement does not have to be in writing in order for a particular communication to be protected by the attorney-client privilege . . . (see more) [Added 4/4/15]


The attorney-client privilege might not be waived when a person within the ambit of the privilege uses an outside person in order to receive an emailed communication . . . (see more[Added 4/4/15]


A lawyer hired to represent a trustee does not owe a fiduciary duty to the trust beneficiaries, per the Eleventh Circuit . . . (see more) [Added 3/30/15]


A county’s delay in providing public records in response to an anonymous request from a generic email address was not an unlawful refusal and thus would not support a fee award to the requestor . . . (see more) [Added 3/23/15]


The current version of F.S. 57.105 does not require an express finding of a lawyer’s bad faith before fees can be assessed as a sanction . . . (see more) [Added 3/21/15]


The statutory formula for computing attorney’s fees in workers’ compensation cases can apply separately to more than one “claim” handled in a claimant’s case . . . (see more) [Added 3/16/15]


Actual prejudice to the defendant is not required before a public defender will be permitted to withdraw during the pretrial phase due to conflict involving another client
. . . (see more) [Added 2/25/15]


Quarterly Safety Committee Reports prepared by a mall where a slip and fall occurred are protected from discovery as work product . . . (see more) [Added 2/13/15]


The Supreme Court suspends, rather than just reprimands, a lawyer for lack of diligence despite the fact that his client suffered no harm . . .  (see more)   [Added 2/12/15]


The Second DCA reverses a verdict for defendants in a personal injury case and remands for a new trial, refusing to reward defense counsel’s “’gotcha’ tactics” . . . (see more) [Added 2/11/15]


The First DCA addresses a question with “no clear answer” – whether a state attorney’s office is legally required to coordinate its ongoing discovery review for trial with a public records request review regarding the same records . . . (see more) [Added 2/10/15]


The Florida Bar Professional Ethics Committee publishes a proposed advisory opinion on the duties of lawyers in advising clients to “clean up” their social media pages before litigation is filed . . . (see more) [Added 2/4/15]


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


The Supreme Court amends the Code for Resolving Professionalism Complaints to grant immunity from civil liability to persons on Local Professionalism Panels and Circuit Committees on Professionalism . . . (see more) [Added 2/2/15]


Rejecting the referee’s report, the Florida Supreme Court finds a lawyer guilty of misrepresentation and trust account violations and remands for a sanctions hearing . . . (see more) [Added 1/26/15]


The Florida Supreme Court concludes that most “Medicaid planning” activities conducted by nonlawyers are the unlicensed practice of law . . . (see more) [Added 1/25/15]


The Fifth DCA criticizes improper prosecutorial argument, urging lawyers to avoid devolving into a “‘win at all costs’ mentality” . . . (see more) [Added 1/14/15]

Jump-start your ethics research using the 2014 Florida Legal Ethics Review by Tim Chinaris
. . . (see more) [Added 1/5/14]


An order denying a motion to cancel a lawyer’s charging lien was not a final order and thus may not be appealed
. . . (see more) [Added 12/31/14]


In a “textbook case of why the legislature authorized an award of fees against obstinate public entities such as Appellant,” the Fifth DCA sanctions a county for filing a frivolous appeal
. . . (see more) [Added 12/30/14]


The Second DCA indicates that one party had no standing to challenge the authority of a lawyer who appeared for the opposing party
. . . (see more) [Added 12/26/14]


A lawyer is suspended for one year, rather than the recommended 60 days, for failures in diligence and communication that led to clients spending time in jail for contempt
. . . (see more) [Added 12/24/14]


A judge’s apparent attempts at "wit or erudition" fall flat, leading to his disqualification . . . (see more) [Added 12/23/14]


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


By filing an action to reform a contract to accurate reflect the parties intent, the party seeking reformation does not automatically waive the attorney-client privilege
. . . (see more) [Added 12/9/14]


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]


A lawyer who would testify for her client at a contempt hearing was properly disqualified from representing the client at that hearing, but could continue to represent the client in subsequent proceedings in the case
. . . (see more) [Added 11/29/14]


A lawyer’s failure to confess error regarding the scope of a disqualification order against opposing counsel is treated as “a self-evident violation” of Rule of Professional Conduct 4-3.3(a)(3) and leads to sanctions . . . (see more) [Added 11/29/14]


A lawyer who is “too personally involved with the issues” in a client’s case may violate ethics rules regarding competence and independence of professional judgment . . . (see more) [Added 11/29/14]


The Fourth DCA chastises a lawyer for “lobbing acrimonious grenades in the form of unprofessional comments directed at opposing counsel and the trial court” . . . (see more) [Added 11/29/14]


The Florida Bar asks the Supreme Court to approve proposed rules on diversion in discipline cases, attorney’s fees, confidentiality obligations and exceptions, duties to prospective clients, supervision of nonlawyer assistants, unauthorized practice of law, lawyer referral services, and others . . .  (see more[Added 11/18/14]\


The Third DCA upholds an order requiring production of a law firm’s trust account wire receipt records over attorney-client privilege objections . . .  (see more[Added 11/5/14]


The Supreme Court removes a county court judge from office for violations of the Code of Judicial Conduct including conducting a private business out of her chambers and obstructing the JQC’s investigation . . .  (see more[Added 10/30/14]


A settlement agreement conditioned upon a former client’s withdrawal of a Bar complaint is an unenforceable term that is not severable from the purported agreement . . .  (see more[Added 9/2/14]


A court erred in ordering production of a law firm’s file to its former client despite the firm’s assertion of a retaining lien . . .  (see more[Added 8/19/14]


The Florida Supreme Court adopts minimum standards for lead counsel in capital postconviction proceedings and prohibits defendants sentenced to death from representing themselves in postconviction proceedings . . .  (see more)   [Added 7/7/14]


An email request for public records is sufficient to give standing to bring a mandamus action to compel production of the records sought . . .  (see more)   [Added 6/18/14]


The Florida 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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