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Parties Must Strictly Comply With 21-Day Rule of Section 57.105, Florida Statutes to Obtain Attorneys’ Fees
Nathan v. Bates, ___ So. 2d ___, 2008 WL 5352180 (3d DCA 2008)
Risk Management Tip: Where a statute specifically demands a certain procedure make sure to comply exactly unless you are aware of existing case law relaxing those requirements. This process may take more time than noncompliance, but it ensures that you will not threaten your otherwise valid claim on the basis of a technicality.
The Florida Bar Ethics Alert: Attorneys and Loan Modification Schemes
Risk Management Tip: If approached by a non-lawyer concerning any proposal to help distressed homeowners or generally to enter into a business relationship involving mutual clients, carefully consider whether the arrangement violates any ethical rule. You may want to consult the Florida Bar ethics hotline or an experienced professional liability attorney.
Protection of Corporate Internal Litigation Management Database Systems and Document Destruction Suspension Orders
Ford Motor Co. v. Hall-Edwards, ___ So. 2d ___, 2008 WL 5352180 (3d DCA 2008)
Risk Management Tip: Encourage your clients to keep a distinct database containing only the thoughts and communications of inside and outside counsel, to avoid the need and cost of sorting through such documents during litigation, and to reduce the risk of privileged material’s accidental production. In addition, clients may consider a program of early document destruction including suspension.
This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. |