This article applies to personal injury cases. This article does not address whether a Florida lawyer may pay a referral fee to an out of state attorney. I believe that the Rules Regulating The Florida Bar say it is permissible, subject to certain conditions, for a Florida attorney to get a referral fee from an out-of-state attorney if the other state allows referral fees and even if the Florida lawyer: [Read more…]
If you are injured by someone driving a Segway you may be able to get economic, non-economic damages and punitive damages. In Florida, economic damages are: [Read more…]
An injured person’s medical records and bills are extremely important to any personal injury claim. The liability claims adjuster at an insurance company – who is ultimately the person that decides whether to pay you for your accident – may argue that you failed to complain of pain or report a particular injury to a doctor.
The good news is that while you are relatively powerless over what the doctor writes in your medical records, you are allowed to view and obtain a copy of much of their health information and to have corrections made to such information. [Read more…]
UPDATE: Florida advertising rules have been significantly changed since I wrote this article. I have stricken through some language which no longer applies.
As I personal injury lawyer, at the conclusion of a client’s claim or case, I have asked clients if they are willing to let me record a video testimonial of them. This article applies to Florida lawyers. These testimonials may be used on my website because an attorney’s own website is not governed by the attorney advertising rules. Florida attorneys are not required to file websites for review with the Florida Bar and the Florida Bar is not allowed to review websites.
But, pursuant to Rule 4-7.1(i), the “general rule prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, or misrepresentation applies to all communications by a lawyer, whether or not subchapter 4-7 applies to that communication.” A Florida attorney must obtain the client’s informed consent to use a testimonial related to the client’s matter, pursuant to Rule 4-1.6 (a). [Read more…]
I, as a lawyer, am often asked by a family member (or friend) of a prospective client (hereinafter “PC”) to call a PC and speak with the PC about the PC’s potential case. If a family member of a prospective client contacts a Florida lawyer, and the family member tells the Florida attorney that the prospective client wants to be called by the attorney, the attorney cannot call the prospective client. This would be considered solicitation. [Read more…]
According to Florida Bar Staff Opinion 28724, a Florida lawyer may not hire separate case workers/experts to resolve the healthcare provider’s reimbursement claims or liens and pass them off as a cost to the client. This is true even if the client signs a fee contract with the lawyer that allows this.
The reasoning of the Staff opinion is as follows: [Read more…]
Sweepstakes can be a very powerful in tool to get Facebook users to “like” your Facebook page, become a twitter follower, “+1” your website on Google+, or add you to their Google+ circle. Unfortunately for savvy Florida lawyers, the Florida bar does not allow an attorney to give away anything other than something of nominal value*. Attorneys cannot hold a sweepstakes. [Read more…]
Florida Attorneys that are not Board Certified should be careful when using Linkedin. Otherwise, they may find themselves being the recipient of a bar complaint. Attorneys that use Linkedin will note that when they are logged into Linkedin, they may be asked the question, as seen in the screenshot below:
Do you have the following skills or expertise? [Read more…]
Actual Case: $250,000 verdict for pain and suffering alone for 3 herniated discs (T9-10, T11-12, and L4-5) that were claimed to be from a shopper’s slip and fall at JC Penney department store. L4-L5 is in the lower back. This isn’t my case.
Her doctor said that she would need surgery for the herniated disc. The orthopedic surgeon hired by JC Penney said that the Plaintiff did not have any disc herniations. [Read more…]
As an injury lawyer, I have represented multiple occupants of one car in their personal injury claims involving another vehicle. The purpose of this article is to help attorneys and clients (in dealing with a situation involving an Florida attorney representing both driver and passenger(s) in a car accident) by explaining what should be discussed during the consultation between client and attorney. [Read more…]