Per Ray Abadin, past president of the Florida Bar and very experienced litigator, a good attorney will familiarize himself or herself with the courtroom before trial. You will know where you want to be for each part of your case. … Continue reading →

I’ve seen situations – I’m sure you have too! – where even when court-ordered, the parties do not want to mediate because they believe they are so far apart. Stop a minute. There is going to be a resolution, whether … Continue reading →

From Grace Casas, experienced, Miami-based litigator: Your pearls of wisdom for practice are great. I found that Fla. R. Civ. P 1. 310 (d) can be helpful in cases such as you described this week. A lawyer can ask to … Continue reading →

Opposing counsel constantly disrupts your deposition. You need to state on the record that further inappropriate statements, interruptions and objections will result in your continuing the deposition and filing a motion for protective order and sanctions. This will sometimes result … Continue reading →

At some point, we all are going to miss a deadline. The ultimate sanction, dismissal with prejudice, can be invoked only after consideration of six factors: “1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act … Continue reading →

Make sure your Notice of Hearing is clear if it is to be via Zoom, not in person. Include the link in the notice. Make sure you have the call in number in case there is an electronic glitch. Have … Continue reading →

Along with the very welcome convenience and efficiency of video motion calendars comes the less than optimal lack of easy give and take between counsel that occured in chambers or the hallway when in person. I’m not aware of anyone … Continue reading →

Per 11th Circuit Judge Barbara Areces, she and other judges in the circuit have found that too often attorneys do not properly use courtMap, resulting in wasted judicial effort and less than optimal case presentation. CourtMap is the way to … Continue reading →

Professionalism starts where ethics ends. It addresses character, competence, commitment and civility. Younger attorneys especially please take note. Though this is certainly not universal, I’ve heard over and over how often professionalism seem to be lacking in your actions. All … Continue reading →

Per experienced litigator Tania Bartolini, there has been a marked increase in the filings of §57.105 motions, almost as if they were motions for extension. As Tania says, “Bullying tactics will certainly come back to bite them in the rear.” … Continue reading →