Tag: law-firm
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Flying in the Clouds: Practicing Law by Cloud Computing
Cloud computing can be risky because someone might access a lawyer’s confidential information stored on the cloud. The location of the data may not be clear, and it could be stored in unstable countries. The cloud service provider may also share documents with others without permission. But, using cloud computing can save money and provide…
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The Practical Limitations of the Economic Loss Rule
The economic loss rule (ELR) says that you can’t sue for just economic damages (like lost profits) caused by a defective product. You can only sue for personal injury or damage to property caused by the product. This rule helps to separate contract law from tort law, which is about causing harm to someone else.…
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Workers’ Compensation Settlements: The Next Generation
Changes to Chapter 440 in the workers’ compensation system now allow claimants and employers to settle claims without a judge’s approval. This means that once a settlement agreement is signed, it cannot be changed without going to regular court. While this makes settling cases easier, it also increases the chances of disputes between employers and…
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Online Legal Service Platforms and the Path to Access to Justice
When I was born in 1979, there were 26,000 lawyers in Florida. Back then, lawyers had a job and little debt, and they communicated using phones or letters. Now, there are over 100,000 lawyers in Florida, with many young lawyers having lots of student loan debt. They use iPads and iPhones, and socialize on social…
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Waiting to Get Paid: Are Pay When Paid Provisions a Matter of When or If?
In construction contracts, subcontractors may have to wait to get paid if the owner doesn’t pay the general contractor. This is called a “pay-when-paid” clause. It can be tricky because it might mean the subcontractor only gets paid after the owner pays the general contractor, or it might just set a reasonable timeframe for payment.…
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Planning Ahead: Some Tips for the Complaint Drafter Dealing with the Economic Loss Rule
This article talks about the economic loss rule, which can affect a case if someone claims they were harmed financially because of a contract. It suggests that both sides need to understand the rule early on and think about it when writing a lawsuit. The rule can cause cases to be lost if the complaint…
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Condemnation Blight Under Florida Law: A Rule of Appropriation or the Scope of the Project Rule in D
Condemnation blight is a concept in eminent domain law that refers to the negative impact on property when the government announces it might take the property for public use. It can cause problems for property owners because it can lower the property’s value. Different states have different rules about how to deal with condemnation blight.…
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Diversity Jurisdiction Removal in Florida
When a party files a lawsuit in state court, the other party might consider moving the case to federal court. This decision should be made carefully, as there are many potential issues and laws to consider. The right to move a lawsuit to federal court has been a part of the American judicial system for…
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Impeachment of a Civil Litigant with Criminal Convictions
About 1 in 10 adult men in Florida have a criminal record. Most lawyers don’t check if people involved in a lawsuit have a criminal past, even though it could affect their credibility in court. Knowing about someone’s criminal history can be useful in both personal injury and business cases. You can use the internet…
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Invoking the Rule During Depositions? Absolutely Maybe
When someone invokes the rule during a trial or deposition, they are asking for the rule of sequestration to be implemented. This means that certain witnesses must stay outside of the room while others are testifying, so that their testimony isn’t influenced by what they hear. However, the rule doesn’t apply to parties involved in…
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10 Tips Leading to Efficient and Effective E-discovery for the Small Law Firm
The new rules allow for the discovery of electronic information in legal cases. If a defendant says that the information is too hard to find or would cost too much to produce, they can ask the court to decide if they have to provide it. The court will look at the facts and decide if…
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Striking a Balance to Win: Balancing the Need to Win the Trial with the Need to Preserve the Record on Appeal
All trial lawyers want to win the trial, but sometimes they focus too much on that and forget to make sure the record is preserved for appeal. If the record isn’t preserved, it can hurt the case in the long run, even if you win the trial. So it’s important to make sure everything is…
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Confronting Experts Whose Opinions Are Neither Supported nor Directly Contradicted by Scientific Literature
In Florida courtrooms, experts can give their opinions without having to back them up with scientific studies. This means that an expert can claim something like a certain chemical causes cancer, even without any evidence to prove it. This can make it difficult for juries to decide what to believe. For example, if a famous…
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Can Two Wrongs Make a Right to Seek Indemnification of Punitive Damages From a Liability Insurance Carrier?
In some situations, an insured person may act in a really reckless or careless way, like driving drunk and causing a car accident. When this happens, their insurance company might not have to pay for any extra punishment costs, because they think it’s not fair for insurance to cover for that. However, if the insurance…
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Florida’s New Good Faith Duty on an Insurer Not to Settle
A liability insurance company must carefully handle multiple claims that could exhaust its insuredâs policy limits. It can’t settle too quickly, leaving other legitimate claims with no coverage. In the Farinas case, the insurer settled with some claimants quickly, leaving insufficient coverage for others. The court ruled that the insurer could be liable for settling…
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Avoiding Pitfalls in Closing Arguments
The closing argument is really important in a trial because it’s the lawyer’s last chance to convince the jury to see things their way. They can summarize the evidence, tie together key themes, and persuade the jury why their side should win. The lawyer can’t say anything that goes against the rules, but they do…
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The Basics of Forming Florida Nonprofit Organizations
Most nonprofits in Florida are formed under the Florida Not For Profit Corporation Act. This act governs how the nonprofit is organized and operated. Nonprofits can have members with voting rights or no members at all. If the nonprofit decides to have members, the articles and bylaws must specify their voting rights for important decisions.…
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Be Alert for Financial Exploitation of the Elderly
After World War II, the U.S. has seen a huge amount of money accumulated. Now, a lot of that money is being passed down to the next generation, with estimates predicting over $60 trillion transferred in the next few decades. This isn’t just about the super rich; there are millions of millionaires in the U.S.…
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Bank Customers Beware: Recovery of Unauthorized Electronic Funds Transfers Isn’t So Easy
So, your friend’s bank account was hacked and all her money was taken. If she asks for your help to get her money back, there might be a way to help, but it’s not guaranteed. You would need to look at the laws that regulate electronic money transfers to see if there’s a way to…
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Computers Laying Down the Law: Will Judges Become Obsolete?
In the last 50 years, technology has drastically changed the way lawyers work. Computers replaced typewriters, and voice dictation and e-filing replaced shorthand and courier services. In the future, self-driving cars may reduce car accident cases, and electronic financial transactions may make some laws outdated. It’s possible that computers could eventually replace human judges, thanks…
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Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions
Florida’s class action rule allows a named plaintiff to sue on behalf of a group of people with similar claims. This is important because individual lawsuits for small amounts of money are not worth it. When a lawsuit is brought as a class action, it involves more work and ethical issues for all parties. Some…
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Revisiting the Standard Attorneys’ Fee and Cost Provision
In Florida, when parties have a contract dispute, they can include a clause that says the winning party can get their attorney’s fees and costs paid by the losing party. However, the way this clause is usually written in contracts can make it hard for the winning party to get all their fees and costs…
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A Sea of Confusion: Expert Legal Testimony Adrift in Florida
When it comes to legal matters, experts usually can’t give their opinions in court because that’s the job of the judge and jury. But there are some exceptions to this rule. Florida has certain rules about when expert opinions can be allowed, but they’re not always clear. Different court decisions give different guidance, so it…
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Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part II
In the last issue, we talked about whether punitive damages can be awarded in certain cases in Florida. This time, we’ll explain why those damages are available and clear up the old idea that they’re not allowed in these types of cases. In Florida, there’s a debate about whether juries should decide on punitive damages…