Author: Elf
-
How to Guarantee Enforcement of a Guaranty Agreement
If someone borrows money and can’t pay it back, a guarantor is someone else who promises to pay it instead. There are different types of promises to pay, called guaranties. A “general” guaranty can be used by anyone it’s given to, while a “special” guaranty is only for a specific person or company. An “absolute”…
-
Arbitration and Attorneys’ Fees: A Pandora’s Box
Arbitration is a way to solve legal disputes without going to court. It’s favored by businesses because it’s private, saves time, and costs less. It’s used in education, employment, health care, sports, and other areas. But lawyers don’t like it because it limits legal arguments and doesn’t have as much oversight as the court system.…
-
Supervising Your Lawyers and Staff: Avoiding Serious Ramifications
In a law firm, lawyers have to oversee and take responsibility for the work of their non-lawyer staff. They need to make sure that their staff follows the rules and ethical standards of the legal profession. This includes things like how they talk to clients, how they handle important documents, and how they contact people…
-
9/11 and Agricultural Security
After the September 11 attacks, Congress became more focused on protecting American agriculture from terrorism. This is because agriculture is important for the economy and stability of the country. During the Cold War, the US and Soviet Union researched ways to harm each other’s agriculture. This threat still exists today, so policymakers are working on…
-
Rethinking the Application of Contingency Risk Multipliers in Fee Awards Should Florida Courts Recede from Quanstrom?
Basically, a legal firm is representing a person who got hurt in a car accident. The person who caused the accident has insurance, but the firm is trying to get more money from them. The legal firm is asking the insurance company to pay more to cover the person’s medical bills and other expenses. The…
-
Guerilla Research
Research is the most important weapon for lawyers. It’s like the Minutemen’s sharpshooting in the American Revolution, it helps level the playing field. Even with the computer, traditional research is still essential. I used to be a criminal lawyer, but when I switched to business litigation, I had to learn a lot of new things.…
-
Udder Nonsense? The Emerging Issue of Raw Milk Sales in Florida, Part I: Regulation
More and more people are into drinking raw cow, goat, and sheep milk, which means it hasn’t been pasteurized to kill harmful germs. Some say pasteurization takes away good stuff in milk, like nutrients and helpful bacteria. But raw milk can make people sick, and the rules about selling it are different in each state.…
-
Udder Nonsense? The Emerging Issue of Raw Milk Sales in Florida, Part II: Legal Liability
Producers who sell raw milk without pasteurizing it face legal trouble because raw milk can carry dangerous bacteria and viruses. Even though pasteurization can make milk safer, it also reduces its nutritional benefits and taste. The FDA has blamed raw milk for causing severe illnesses and hospitalizations in the past. Despite the health risks, some…
-
Florida Agriculture: Still in the Crosshairs
In 1995, an article stressed the importance of showing how important Florida agriculture is. It’s still a big deal today, bringing in a lot of money and food for the country. But it’s facing challenges and needs to keep telling people how crucial it is for Florida’s economy and natural resources. Florida’s agriculture industry is…
-
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction
Our ancestors’ burial sites are in danger of being destroyed, and that means we could lose valuable information about how they lived. These sites are important because they help us understand our past and our way of life today. If we don’t protect them, we could lose irreplaceable knowledge about our history. It’s up to…
-
Improving Appellate Oral Arguments Through Tentative Opinions and Focus Orders
Oral arguments in court are often not as important as they seem. Judges might have already made up their minds, and lawyers can struggle to answer tough questions on the spot. It costs a lot of time and money for everyone involved. But the goal is still the same: to make sure the court makes…
-
Garnishing a Lawyer’s Trust Account: Actions to be Taken by Lawyer Garnishee
In 2008, the Florida Supreme Court said lawyers could have their trust accounts garnished if they owe debts. This means the lawyer’s bank account could be used to pay off their debts. The law requires the lawyer to give a full report of the money in their trust account and to hold onto it to…
-
Beast of (Shifting) Burden: What Constitutes Undue Burden Sufficient to Shift ESI Production Costs Under Fla. R. Civ. P. 1.280?
Basically, when you have to find and share a lot of electronic information for a lawsuit, it can cost a lot of money. In Florida, the law says that if it’s too hard or expensive for the person being asked for the information to get it, then the person asking for it might have to…
-
Crash Test: Highway Medians, Auto Collisions, and Sovereign Immunity
If you hit a tree in the middle of the highway, it can seriously hurt or even kill you. In Florida, you can only sue the government for a poorly designed median in certain situations. Good medians can keep you safe, but bad ones can make your injuries worse. Sometimes, just getting rid of the…
-
Flyover: The Potential Impact of Agroterrorism and Bioterrorism within Agricultural Aerial Application Operations
Agroterrorism and bioterrorism are ways that people might try to harm the food supply and agriculture. Since 9/11, there have been more security measures, but there is still a risk. The industry that uses planes to spray crops is important for making sure our food is pest-free and can be sold around the world. This…
-
Application of the Florida-Friendly Landscaping Statute to Homeowner Disputes Regarding Violation of Restrictive Covenants
Homeowner associations in Florida can’t stop you from using water-saving landscaping. If they tell you to fix your lawn, you have rights. There are some unclear parts of the law, but experts are working to make it clearer. In 2001, during a drought, a state senator introduced a bill to allow homeowners to use xeriscaping…
-
Hanging on for Deer Life: How Chronic Wasting Disease Might Impact Florida and How Florida Law is Trying to Prevent its Spread into the State
Chronic Wasting Disease (CWD) is a serious illness that affects deer, elk, and moose. It’s caused by misfolded proteins called prions and can damage the nervous system, leading to death. While there’s no strong evidence that humans can get CWD, it’s important to be cautious. The Florida Fish and Wildlife Conservation Commission has put new…
-
Nuisance Trees: The Massachusetts or Hawaii Rule?
Homeowners whose property is affected by nuisance trees may struggle to find legal representation due to liability issues and court outcomes being uncertain. The Massachusetts rule and the Hawaii rule offer different remedies for nuisance tree issues, and the Hawaii rule is considered a better fit for Florida. The Massachusetts rule allows for self-help as…
-
Creating the Effective Pretrial Stipulation Under Civil Case Management
In a Florida court, it’s common for parties in a case to make agreements before a trial starts. These agreements, called stipulations, cover things that both sides agree on and help the trial move along smoothly. But sometimes mistakes can happen, like agreeing to an old version of a law by accident. This happened to…
-
Time Law: A New Paradigm for Small Law Firm Efficiency and Growth
“Time law” is a new approach for small law firms to manage their time and be more efficient. It was developed by an attorney who struggled with balancing all the tasks of running a legal practice. He realized that many other small law firms were facing the same challenges. This new approach helps lawyers manage…
-
Homestead-The Post-Death Spousal Disclaimer: A Cure for a Constitutionally Prohibited Devise?
This article talks about what happens to a person’s home after they die if they leave it to someone who is not their spouse, even though the law says they should leave it to their spouse. The article suggests that the spouse can give up their rights to the home so that the person the…
-
Closing Protection Letters
Closing protection letters are offered by title insurance companies to address concerns of lenders about the liability of their approved attorneys or agents. These letters outline the conditions under which the title insurance company will accept liability for the acts or omissions of its agents. They indemnify lenders against damages arising from certain claims against…
-
Drafting Wills for the Remarried Spouse
Forms used for the traditional marriage are not suitable for second marriages, especially when children are involved from a previous marriage. Attorneys need to make sure that their clients have updated wills that take into account the unique circumstances of a second marriage. The estate planner should educate their client about the potential conflicts between…
-
Time to End Let’s Pretend
A few years ago, the Florida Legislature made a new kind of relationship for real estate agents called “transaction brokerage.” This was meant to help agents and clients avoid conflicts and lawsuits. Now, they’re proposing to change this and make agents represent either the buyer or the seller, but without the same responsibilities. This basically…