January 2019 Archives

Defining unethical solicitation of services

You and very other potential consumer in Florida likely knows what it is like to be inundated with contact from professional providers attempting to sell their services to you. In fact, such communication may be so frequent that you view it as completely normal. Yet clients have often come to us here at St. Denis & Davey with complaints regarding contact from a unique type of solicitor: attorneys. This may strike you as odd due to the fact that you often see billboards or television commercials advertising the services of local attorneys. Such professionals, however, have a stricter code of conduct when it comes to securing new business. 

Understanding fiduciary duty

A person in Florida who hires an attorney should be able to trust that their legal counsel will live up to their professional expectations. These expectations include what is commonly called a fiduciary duty. As explained by FindLaw, fiduciary duty is essentially the responsibility for a lawyer to act or make decisions in the best interest of their client.

Understanding statutes of limitation

When a person or a business in Florida feels they have been wronged in some fashion and they determine that legal action is necessary in order to receive proper compensation and justice, there are many things to be aware of. One of these things is what is known in legal terms as the statute of limitations.

Why is your case taking so long?

One element common to many legal matters in Florida is time. Civil and criminal cases (along with other situations regarding legal representation) can often seem like they are dragging on forever. The longer your case goes without a resolution, the greater your concern may be about the cost of your representation. This may ultimately lead you to question whether the attorneys involved in your case (including those representing you) might be purposely delaying litigation. Is there any regulation preventing them from doing this, or any form of recourse available to you if you suspect that is indeed happening? 

Calling an attorney as a witness

Witnesses are often a vital element of legal proceedings in Florida. Given the impact of their testimony, it is understandable why you would want to call as many as possible in order to support your claim. Court officials will often allow you to call as many witnesses as you believe are necessary (within reason) to effectively support your case. Nearly anyone can be called to be a witness (including attorneys). Many that come seeking our assistance here at St. Denis & Davey, PA are often surprised to learn, however, that there are limitations imposed on attorneys regarding their rights to serve as witnesses at trial. 

Can my lawyer refuse my requests?

When you hire someone to do a job for you, you expect them to carry out your requests. If your lawyer refuses to file an agreement or negotiate according to your preferences, is he or she overstepping their bounds?

Understanding what information can be shared publicly

While people who are engaged in legal matters in Florida may hope that the details of their cases will not get out, the very nature of legal coverage might make that impossible. Indeed, in an effort to ensure clarity and transparency, state law allows many legal proceedings to be covered by the media. Such coverage, however, is purposely limited. Per the Florida Rules of Judicial Administration, no more than one still photographer, one television camera and one audio broadcasting system may be present during judicial proceedings. 

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