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 of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration.” Kozel vs. Ostendorf, 629 So.2d 817 (Fla. 1993). It comes down to a question of whether the attorney or the party should be punished. Thanks to Jeff Cynamon, experienced Miami litigator for this Tip.