March 2018 Archives

Have you been pushed into frivolous litigation?

There may be many in Jacksonville that view the United States as being a litigious society. It may be difficult to justify such a claim given that majority of the cases brought to civil court are viewed as having some degree of legal merit. At the same time, the question of whether or not every case needs to go to court may be justifiably asked. Attorneys are often paid based on the time they dedicate to your case. Thus, some may have every motivation to stretch your case out as long as they can. This may ultimately lead to frivolous litigation. 

Distinguishing medical from legal malpractice

When you hear the word "malpractice," you likely immediately assume it mean an accusation made against a doctor or hospital. Perhaps this is why so many in Jacksonville are confused when our team here at St. Denis & Davey asks what type of malpractice are they referring to. The word itself is a compound of the two Latin derivative words "mal" (meaning bad or poor) and "practice" (meaning practical application). In that context, malpractice can refer to poor dealings or professional practices in almost any industry.

What are a lawyer's ethical duties?

Attorneys in Florida and most other states follow a set of rules of conduct, adopted into state law, that govern their actions in representing clients, as well as their responsibilities to them. As the disciplinary arm of the state Supreme Court, the Florida Bar Association also has the responsibility for investigating claims of attorney misconduct and imposing sanctions, if deemed necessary.

What happens when a prosecutor violates ethics rules?

Prosecutors in Florida are bound by the same rules of conduct that all attorneys must follow, as established by the Florida State Bar Association. That means they can also be disciplined, as are other attorneys who break those rules. Disciplines can range from private and public reprimands to permanent disbarment from practicing law. Even more harmful may be the cases they prosecuted and whether those cases are subject to reversal on appeal, should their conduct have contributed to denying the right of due process to defendants.

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