Welcome to your daily briefing on legal developments in Florida. Today we're covering 5 key stories including updates on florida legal headlines, background & context. Let's dive in.
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Public Access to Court Electronic Records (PACER) offers an electronic database of federal court docket and case information, requiring users to register for an account to access it.
This resource is crucial for legal professionals in Florida who need to stay informed about federal court cases and filings.
The Florida Bar is a statewide professional organization serving as an advocate and intermediary for attorneys, the court, and the public.
This organization plays a crucial role in supporting legal professionals and enhancing the legal system in Florida.
Reach professionals in this market
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The clock can pause for: (1) the defendant being out of state in some jurisdictions, (2) the plaintiff being a minor or under disability, (3) the defendant fraudulently concealing the cause of action. The clock does NOT pause for: settlement negotiations, insurance correspondence, or the plaintiff being unaware of the legal theory.
Misreading tolling is the most common malpractice claim against general civil litigators. The defenses are routinely lost on motion to dismiss before discovery even opens.
A preservation (litigation hold) letter is appropriate as soon as litigation is reasonably anticipated, not just after a complaint is filed. The letter should identify the matter, the document categories at issue, and the recipient's preservation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.
Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.
Most non-compliance findings stem from three avoidable mistakes: claiming credit for the wrong reporting period, missing the ethics-credit minimum, and failing to retain proof of attendance for the audit lookback window (typically 5 years). State bar audits are random but increasing in frequency.
A CLE non-compliance finding is a public record in many states and triggers an administrative suspension that requires reinstatement application. Reinstatement is slower than initial admission in some jurisdictions.
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