A trial 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 9/14/18]

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]

In a Boecher discovery dispute, the trial court erred in ordering production of documents over privilege and work product objections without making specific findings to support denial of those objections . . . (see more) [Added 3/7/18]

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]

A law firm that did not file a notice of charging lien with the court before the action was voluntarily dismissed failed to timely perfect its lien . . . (see more) [Added 3/1/18]

A trial court erred in disqualifying a party’s lawyer based on unsworn pleadings with no evidentiary hearing, and in not limiting any disqualification to trial representation . . . (see more) [Added 2/28/18]

Where the underlying contract was void due to forged signatures, an attorney’s fee provision will not support a fee award under F.S. 57.105(7) . . . (see more) [2/27/18]

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 Fifth DCA recedes from its prior decision and rules that appellate attorney’s fees may be awarded in paternity actions . . . (see more) [Added 2/21/18]

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]

Where the “true relief sought” is money damages, a party cannot escape a fee award under the offer of judgment rule merely by adding a declaratory judgment count to its complaint . . . (see more) [Added 2/8/18]

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]

Aligning with the Second and Fourth DCAs, the First DCA rules that a proposal for settlement need not be served in compliance with Fla.R.Jud.Admin. 2.516
. . . (see more) [Added 2/5/18]

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]

The “malpractice exception” to the attorney-client privilege applies only to communications between the client and the lawyer being sued, not to communications between the client and other counsel . . . (see more) [Added 1/29/18]

The First DCA emphasizes that there are no “magic words” required in order for a court to conduct a sufficient Faretta self-representation inquiry, but certifies a question to the Supreme Court . . . (see more) [Added 1/22/18]

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

A law firm and its client may not be held jointly and severally liable for a fee award ordered as a sanction under F.S. 57.105(1) . . . (see more) [Added 1/17/18]

A denial of a motion to withdraw guilty plea is reversed because the defendant was denied appointed counsel at the hearing on the motion . . . (see more) [Added 1/16/18]

The Fourth DCA sanctions a lawyer and his client for pursuing a frivolous appeal . . . (see more) [Added 1/12/18]

A trial court erred in ordering disclosure of public records in a city’s risk management claims file on the basis that release of the records, though protected by statute, would not prejudice the city . . . (see more) [Added 1/10/18]

Rejecting the federal courts’ approach, the Florida 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 statute of limitations for legal malpractice in a domestic case began to run upon the issuance of the amended final judgment, despite the fact that the issues relating to the malpractice claim had been resolved earlier in the case . . . (see more) [Added 1/8/18]

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 Professional Ethics Committee concludes that it is unethical for a lawyer to require a client to pay the cost of the lawyer’s insurance to cover litigation costs in contingent fee cases . . . (see more) [Added 12/20/17]

The Supreme Court dismisses the petition for writ of quo warranto seeking to prohibit the governor from appointing replacements for 3 justices whose terms end in January 2019 . . . (see more) [Added 12/14/17]

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]

Despite affirming a substantial verdict in a tobacco case, the Third DCA criticizes argument by Plaintiff’s counsel as “ill-conceived and improper” . . . (see more) [Added 12/4/17]

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 changes the name of its Commission on Professionalism by adding the word “civility” to the name . . . (see more) [Added 10/12/17]

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]


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