THE FLORIDA LAW BLOG

BAD THINGS THAT LAWYERS DO !

Here are five bad things that lawyers should not do, and if they do, you should probably hire someone else.

(1)LAWYER SUGGESTS CALLING FROM THE ACCIDENT SCENE

Some television commercials advise you to call a lawyer, or some type of lawyer referral service directly from the scene of a car accident. Their reason for giving this advice, is probably that they want to get their lawyer on your injury case before some one else does. What they don’t tell you is that there is no valid reason to call a lawyer or referral service from the scene. They further don't tell you that you have four (4) years from the date of the accident to bring a claim for your injury. Actually calling a lawyer or referral service from the scene may distract you from what you should be doing, taking photos with your smart phone, getting witness statements, and speaking with the police or paramedics about what happened. Further if your case goes to trial, the fact that you called a lawyer or lawyer referral service from the accident scene may be used against you by the insurance defense lawyer. Your primary objective should be to see that you and your passengers are all ok, and if you or anyone is injured, to seek appropriate medical care at an emergency room or with a doctor of your own choosing. Under Florida law you must see a doctor within fourteen (14) days, so relax, take your time, and choose wisely. There will be time to speak with a lawyer as well, there is no need to talk to a lawyer at the accident scene.

(2) LAWYER CONTACTS YOU AFTER AN ACCIDENT

Should a lawyer or lawyer/medical referral service contact you after your car accident?

I was recently speaking with a friend that was involved in a car accident. She told me shortly after her accident she started getting calls from lawyers wanting to represent her in an injury claim. She also started getting advertisements in the mail the next day after her accident from lawyers wanting to represent her.

In addition she received a call from a well known doctor/lawyer referral service that went something like this: "We just wanted to find out how you were doing after your accident". My friend was very annoyed with these calls and asked me if this was legal or ethical.

The short answer to this question is, this type of conduct is unethical and illegal.

It is a violation of the Florida Rules of Professional Responsibility for a lawyer, or someone on the lawyers behalf, to contact you after a car accident. These forms of communication are known as solicitation and are prohibited in Florida, as set forth in the Florida Rules of Professional Responsibility for Attorneys. (Rule 4-7.18). The only type of lawyer contact that is allowed is an advertisement in the mail, no sooner than 30 days after your accident.

In addition, it is a criminal violation in the State of Florida to use information from accident reports to contact accident victims in order to solicit medical or legal services. Florida Statute 119.105). In addition, it is a criminal violation in the State of Florida to use information from accident reports to contact accident victims in order to solicit medical or legal services. Florida Statute 119.105).

(3) LAWYER SHOWS UP AT MEDICAL CLINIC WITH CONTRACT

Some clients have even reported that a lawyer met them at a medical clinic and insisted that they sign a contract with the lawyer before they could receive treatment at the clinic. This type of contact by a lawyer or lawyers representative is unethical and strictly prohibited.

If you are solicited by a lawyer or someone working for a lawyer and you did not initiate the contact, you should immediately report that lawyer to the Florida Bar.

You should never hire a lawyer when their first contact with you is a solicitation in violation of the Florida code of ethics for lawyers and a criminal misdemeanor.

That is not the type of lawyer to hire. They are telling you by their actions up front that they are unethical and don’t mind doing something that is illegal.

(4) LAWYER SENDS A RUNNER TO YOUR HOUSE OR HOSPITAL WITH A CONTRACT

The TV Advertisement Said, "A Lawyer Will Come to Your House"

I recently saw an advertisement for a lawyer, that said if you call that lawyer, the lawyer will come to your house, even after business hours. If that was true, it would be a nice convenience for the potential injury client, but if a "lawyer" is not coming to your house, and instead it is a "contract runner" or other non-lawyer, then the advertisement is false, misleading and deceptive at best.

When you hire a lawyer, you are entitled to meet with a lawyer to discuss your case and sign a contract for legal representation. You should be able to sit down face to face with the lawyer you are hiring to discuss your case and sign the contract for representation. This meeting is perhaps the most important meeting you will have with your lawyer. In addition, when a lawyer comes to your house, you miss out on the opportunity to see what the lawyers office looks like, meet the legal staff, and see how you are treated when you visit the firm. The only contact you may have is with the person that came to your house or hospital room.

Often high volume law firms that advertise on television employ contract runners, but may call them "investigators". These are usually non-lawyers, anyone with a drivers license, that will come out to your home or hospital room, sometimes in the middle of the night, with a contract for legal representation.

You should be aware that only a lawyer is legally allowed to give legal advice, including answering questions you might have about signing the contact to hire the lawyer. If a non-lawyer is advising you about a legal agreement, that would be a violation of the Florida Bar rules.

You should not agree to meet with a contract runner, and avoid hiring this type of firm. You should insist that you meet with the lawyer you are hiring. Unless the contract runner (investigator) is also a lawyer, that person is not allowed by law to answer any legal questions you might have about the contract or about the representation.

If your first contact with a law firm is a non-lawyer "contract runner" coming to your house at night, this should be a red flag, this should raise concern over whether you should hire this law firm. Only agree to meet with a real lawyer, not a contact runner, and if possible, meet at the lawyers office.

(5) LAWYER TOUTS THAT HE IS AGGRESSIVE

In law school, we are taught that ours is a noble and civil profession populated by genteel intellectuals guided in their every action by the rule of law. What a shock it is, then, when we encounter an "aggressive lawyer" for the first time, that one attorney who is the complete opposite of what we have been taught to expect. We are in a deposition, and this aggressive attorney may be rude, condescending, hostile, disruptive, vulgar, and/or disrespectful. We are caught by surprise and may not be prepared for how to react or respond. How we handle the situation reflects on the type of attorney we are, on our firms, on our clients, and on our profession in general.

For the general public, finding the right lawyer can be a daunting task. For some clients it may be their first experience with the legal system, aside from a traffic ticket.

It can be tempting to look for a lawyer who claims that he or she is aggressive. It is common to see on attorney's website, or during your meeting with an attorney, the self-proclaimed declaration about how "aggressive" they are; a real "pit-bull" lawyer who loves to cross-examine the police, the defendant, the opposing party, or to make unreasonable demands to a claims adjuster. This is done with the belief that being "aggressive" will somehow get you, the client, a better result.

Here are some reasons to consider a calm, cool and confident lawyer:

1. Aggressive does not mean effective - An aggressive attorney often makes few friends in the courthouse. The judges often have little patience for certain aggressive tactics, such as refusing to agree to a new hearing date. An effective attorney will compromise on procedural issues, realizing that a case is won or lost with arguments and facts, not tricks. You will also find that fighting over such procedural issues often does little more than waste time and money. Ask any judge, and they will tell you that they are tired of lawyers who cannot get along with one another, who argue over the most minute aspects of their case, who accuse other lawyers of misdeeds, who complain about imagined slights, who hold hard-and-fast to deadlines without accommodation or courtesy, and the list goes on.

2. Aggressive attorneys have a harder time reaching settlements - You may think there is no way that you will settle your current case, however statistics show otherwise; upwards of 90 percent of cases settle before trial. Settling a case is far cheaper than going to trial, and attorneys fees are higher for trial, not to mention the extra cost of expert witnesses. Aggressive tactics, especially when dealing with claims adjusters may result in the claims adjuster digging in their heels and sticking with a low ball offer, ultimately resulting in your case having to go to trial rather than settle.

3. Aggressive attorneys are often not realistic - A good attorney will help you understand what the court is likely to consider in your case. He or she will explain the factors the court (or jury ) will consider in determining an award in your case. An aggressive attorney may not give you a reasonable or realistic assessment of the likely outcome, leaving you unprepared for the final settlement or jury award.

4. Aggressive attorneys may alienate the opposition - claims adjusters and defense lawyers are turned off by aggressive tactics, which may thereby reduce or eliminate the possibility of a reasonable settlement, and may result in low settlement offers.

5. "Aggressive" lawyers are often hated by other lawyers - Lawyers discuss among themselves how to handle these obnoxious fellow lawyers, and try to mentor younger lawyers to not behave that way. Good Lawyers Don’t Just "Try" Cases; Good Lawyers Try to "Resolve" Cases. If other lawyers hate you, then you will have an uphill battle when trying to resolve your clients case.

Family law attorneys can probably attest to this fact the most. Aggressive lawyers run up legal fees, eliminate any likelihood of cooperation between parents, and leave children as the victims of litigation. The same is true for civil litigation. Sparing with opposing counsel or writing aggressive letters or emails is useless. Engaging in aggressive behaviors does not change the facts or the law of your case

Overall, while it might initially be tempting to find an aggressive attorney for your case, you may ultimately find that a more calm and reasonable attorney will better suit your long term needs.

To be an effective lawyer, you need to win people over. You do that by being prepared, courteous, and firm. You don’t do it by being aggressive.

SOMETHING FOR NOTHING - THERE IS NO FREE LUNCH

 See a TV ad or billboard offering a "free service" or "free help with your problem" ?  Beware!

There ain't no such thing as a free lunch" (alternatively, "There's no such thing as a free lunch" or other variants) is a popular adage communicating the idea that it is impossible to get something for nothing. The initialisms TNSTAAFL, TANSTAAFL, and TINSTAAFL are also used. The "free lunch" refers to the once-common tradition of saloons in the United States providing a "free" lunch to patrons who had purchased at least one drink. Many foods on offer were high in salt (e.g., ham, cheese, and salted crackers), so those who ate them ended up buying a lot of beer.  This practice is still in play today in many restaurants and bars where they offer free salty peanuts or chips. Rudyard Kipling, writing in 1891, noted how he...came upon a bar-room full of bad Salon pictures, in which men with hats on the backs of their heads were wolfing food from a counter. It was the institution of the "free lunch" . You paid for a drink and got as much as you wanted to eat. TANSTAAFL, on the other hand, indicates an acknowledgement that in reality a person or a society cannot get "something for nothing". Even if something appears to be free, there is always a cost to the person or to society as a whole, although that may be a hidden cost or an externality.

Is there such thing as a free lunch?.  As everyone knows, there's no such thing as something for nothing. You always pay a price. So what are we to do when we see an advertisement for a free lunch just for attending a seminar on investing, or a billboard or TV commercial offering a free service. The first thing to do is ask yourself, why would anyone pay thousands of dollars a month for a billboard or hundreds of thousands of dollars for television commercials to promote  a "free service".  Most people really don't ask themselves this question, and even if they did, they don't really consider the answer.  If we give it some thought, the answer must be a resounding no, there is no way that anyone would spend hundreds of thousands of dollars to provide a free service. The person or company offering the free service is making money from unsuspecting customers falling for their "free service"  The problem with this type of offer is that it is inherently deceptive and misleading, and may deprive unsuspecting consumers of their right to make informed buying decisions.

FREE LUNCH SEMINAR ON INVESTING

As an example, hypothetical retiree Susan gets a flyer in her mail box for a free lunch seminar on investing for retirement. She goes to the seminar and gets a nice "free lunch" and a presentation by an "investment advisor" who offers to help Sue  have the retirement she always dreamed of.  Sue places her confidence in the investment advisor and gives him her life savings.  The stock broker invests her money in several investments that later turn out to be either worthless or have little or no return, however the stock broker makes huge commissions on the deal.  Did sue really get a free lunch? You decide.

FREE INSPECTION OF YOUR AIR CONDITIONER

Another hypothetical example, Jim sees a television commercial for a free inspection of his air conditioning ducts, calls the number and soon an air conditioning company shows up and tells Jim he needs a complete new air conditioning system. Jim relies on their advice and pays $10,000.00 for a new air conditioner that he didn't even need.

1-800-LAWYER

Hypothecal accident victim Larry sees a commercial on TV for a lawyer that says they will give him a free evaluation of his accident case, and provide free explanation of his legal rights.  Believing that he will actually get a free case evaluation or a free explanation of his rights,  Larry calls the 800 number for the lawyer, is routed to a call center, and within hours an "investigator" shows up at Larry's house. The "investigator is not a lawyer, just a guy that has a drivers license.  The investigator brings a contract for legal representation that Larry feels uncomfortable signing but reluctantly signs anyway.  The investigator not being a lawyer, could not legally answer any questions Larry asked, and  goes back to the law firm, and that is the last time that Larry sees anyone from the law firm, other than speaking on the phone with a paralegal at  the law firm a couple times. Another surprise, Larry is told by his lawyer that he must get treatment at a particular medical clinic, and that he cannot continue to see his regular doctor.  The law firm settled Larry's case quickly for significantly less than the claim was worth, and makes a legal fee of 33.33% but Larry ends up with nothing after the medical bills at the clinic are paid.  Larry thought that the law firm on TV was going to provide free information on his rights, and help him put his life back together as they promised in their advertisement,  but in the end the lawyers made all the money and there was really no free service, no free case evaluation, and no explanation of his rights by a real lawyer. Larry later learns that the lawyers have some type of special arrangement with the medical clinic that he was never told about.

FREE PHONE OR TABLET APPS

Often there are hidden costs with so called free services.  A good example is free apps for your phone or tablet.  One costs is called  "in app purchases".  Children's games are ripe for this hidden cost, they download a "free app" consisting of a cute video game.  The kids play the game and it sure looks like they got something for nothing, however there are hidden costs that can rack up charges on your credit card, these include upgrades to the "full version" of the game, and "in app" purchases.  There can be charges up to $5.00 each time a certain item is touched in the free online game.

WHAT SHOULD YOU DO?

When you see a television commercial or billboard offering you a free service, or "free help" keep in mind that there is no free lunch, and you don't get something for nothing. Anyone spending hundreds of thousands of dollars offering a free service is not in the business of giving away money, they are in business to make money, unless they are a non-profit organization.  When you need products or services, make an informed decision, don't base your decision to buy products or services on an advertisement, especially a deceptive advertisement offering you a free service.

 

ETHICAL REPRESENTATION

Sometimes you hear Lawyers claiming that they provide "ethical representation" in their advertising. Does this imply that only they provide ethical representation, but other lawyers do not provide "ethical representation"?

We occasionally read about a lawyer that has been disciplined by the Bar for violation of some particular rule of professional conduct, and that discipline may include admonishment, suspension, or even disbarment of the lawyer, if the violation is significant enough.

All lawyers that are members of a State Bar association must comply with their states code of ethics for lawyers. As such the general public may rely upon, and expect that lawyers conduct themselves in such a manner as to be in compliance with the rules of professional conduct. When a lawyer violates the rules, the general public may also rely upon the fact that the bar association enforces the rules of conduct.

Due to the complexity of the rules, the wide range of possible violations of the rules, and the type of discipline that may apply to a particular rule violation, it is a gross oversimplification to simply state that a lawyer provides "ethical representation" . All lawyers are expected to provide ethical representation, and it is inappropriate to for a lawyer to claim that they provide ethical representation, implying that other lawyers do not.

If a lawyer has not provided ethical representation in the past, you do not need to take a lawyers word for it, all one needs to do is check with their state bar association to find out. Lawyer discipline is a matter of public record. Another place to find out if a lawyer provides ethical representation is AVVO, an online service that provides information about lawyers, including lawyer  discipline.

The American Bar Association has developed model rules of professional conduct which are outlined below, and from which individual state bar associations may develop specific rules of conduct for lawyers.

A LAWYER'S RESPONSIBILITIES (ABA Model Rules, Preamble and Scope)

[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

[2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others.

[3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

[4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

[5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process.

[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

[7] Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession's ideals of public service.

[8] A lawyer's responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

[9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

[10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession's independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

[12] The legal profession's relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

[13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.

ABA - SCOPE OF THE RULES OF PROFESSIONAL CONDUCT

[14] The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct for purposes of professional discipline. Others, generally cast in the term "may," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer's professional role. Many of the Comments use the term "should." Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

[15] The Rules presuppose a larger legal context shaping the lawyer's role. That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general. The Comments are sometimes used to alert lawyers to their responsibilities under such other law.

[16] Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

[17] Furthermore, for purposes of determining the lawyer's authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. See Rule 1.18. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.

[18] Under various legal provisions, including constitutional, statutory and common law, the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the attorney general and the state's attorney in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients. These Rules do not abrogate any such authority.

[19] Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer's conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

[20] Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer's self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Nevertheless, since the Rules do establish standards of conduct by lawyers, a lawyer's violation of a Rule may be evidence of breach of the applicable standard of conduct.

Below is a listing of the model rules of professional conduct, without a detailed discussion of each rule. This is provided simply to give you an idea of the types of rules that lawyers must follow.

Client-Lawyer Relationship

Rule 1.1 Competence

Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer

Rule 1.3 Diligence

Rule 1.4 Communications

Rule 1.5 Fees

Rule 1.6 Confidentiality of Information

Rule 1.7 Conflict of Interest: Current Clients

Rule 1.8 Conflict of Interest: Current Clients: Specific Rules

Rule 1.9 Duties to Former Clients

Rule 1.10 Imputation of Conflicts of Interest: General Rule

Rule 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees

Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

Rule 1.13 Organization as Client

Rule 1.14 Client with Diminished Capacity

Rule 1.15 Safekeeping Property

Rule 1.16 Declining or Terminating Representation

Rule 1.17 Sale of Law Practice

Rule 1.18 Duties to Prospective Client

Counselor

Rule 2.1 Advisor

Rule 2.2 (Deleted)

Rule 2.3 Evaluation for Use by Third Persons

Rule 2.4 Lawyer Serving as Third-Party Neutral

Advocate

Rule 3.1 Meritorious Claims and Contentions

Rule 3.2 Expediting Litigation

Rule 3.3 Candor toward the Tribunal

Rule 3.4 Fairness to Opposing Party and Counsel

Rule 3.5 Impartiality and Decorum of the Tribunal

Rule 3.6 Trial Publicity

Rule 3.7 Lawyer as Witness

Rule 3.8 Special Responsibilities of a Prosecutor

Rule 3.9 Advocate in Nonadjudicative Proceedings

Transactions with Persons Other Than Clients

Rule 4.1 Truthfulness in Statements to Others

Rule 4.2 Communication with Person Represented by Counsel

Rule 4.3 Dealing with Unrepresented Person

Rule 4.4 Respect for Rights of Third Persons

Law Firms and Associations

Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer

Rule 5.2 Responsibilities of a Subordinate Lawyer

Rule 5.3 Responsibilities Regarding Nonlawyer Assistance

Rule 5.4 Professional Independence of a Lawyer

Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practiceof Law

Rule 5.6 Restrictions on Rights to Practice

Rule 5.7 Responsibilities Regarding Law-related Services

Public Service

Rule 6.1 Voluntary Pro Bono Publico Service

Rule 6.2 Accepting Appointments

Rule 6.3 Membership in Legal Services Organization

Rule 6.4 Law Reform Activities Affecting Client Interests

Rule 6.5 Nonprofit and Court Annexed Limited Legal Services Programs

Information About Legal Services

Rule 7.1 Communication Concerning a Lawyer's Services

Rule 7.2 Advertising

Rule 7.3 Solicitation of Clients

Rule 7.4 Communication of Fields of Practice and Specialization

Rule 7.5 Firm Names and Letterhead

Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges

Maintaining the Integrity of the Profession

Rule 8.1 Bar Admission and Disciplinary Matters

Rule 8.2 Judicial and Legal Officials

Rule 8.3 Reporting Professional Misconduct

Rule 8.4 Misconduct

Rule 8.5 Disciplinary Authority; Choice of Law

 

 

SHOULD A LAWYER CONTACT YOU AFTER A CAR ACCIDENT?

The short answer to this question is absoutely not.  It is a violation of the Florida Rules of Professional Responsibility for a lawyer or lawyers representative to contact you after a car accident. I have heard from many accident victims that have told me that a lawyer called them at home, or at work, or on their cell phone right after their car accident. Often the caller is a person calling from an unidentified cell phone offering to connect them with a lawyer or legal services. This is known as solicitation and it is prohibited in Florida, as set forth in the Florida Rules of Professional Responsibility. 

Here is the exact wording in the Florida Rules of Professional Responsibility that all lawyers must abide by:

Rule 4-7.4 Direct Contact with Prospective Clients 

(a) Solicitation. 

Except as provided in subdivision (b) of this rule, a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, in person or otherwise, when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. A lawyer shall not permit employees or agents of the lawyer to solicit in the lawyer's behalf. A lawyer shall not enter into an agreement for, charge, or collect a fee for professional employment obtained in violation of this rule. The term "solicit" includes contact in person, by telephone, telegraph, or facsimile, or by other communication directed to a specific recipient and includes (i) any written form of communication directed to a specific recipient and not meeting the requirements of subdivision (b) of this rule, and (ii) any electronic mail communication directed to a specific recipient and not meeting the requirements of subdivision (c) of rule 4-7.6.

A LAWYER MET ME AT THE HOSPITAL OR CLINIC

In addition, many clients have told me that they were approached by a representative from a lawyers office at the emergency room, or in the emergency room parking lot, or at a medical clinic. According to the above rule of conduct this type of contact by a lawyer or lawyers representative is strictly prohobited.  Some unethical lawyers even tell clients that they must sign a contract with them before they can receive medical treatment at the clinic, or otherwise pressure injured accident victims to sign a contact for the lawyer to handle their case. This conduct is strictly illegal and should be reported to the Florida Bar.

 I GOT MAIL FROM A LAWYER THE NEXT DAY

Another form of lawyer solicitation is direct mail. Many clients have reported to me that they received a letter from a lawyer the next day after their car accident.  This type of contact is also prohibited by the rules of professional conduct. A lawyer must wait thirty (30) days before sending any direct mail to an auto accident victim.  Here is the exact wording of the Florida Rule of Professional Conduct:

Rule 4-7.4 Direct Contact with Prospective Clients

b) Written Communication. 

(1) A lawyer shall not send, or knowingly permit to be sent, on the lawyer's behalf or on behalf of the lawyer's firm or partner, an associate, or any other lawyer affiliated with the lawyer or the lawyer's firm, a written communication directly or indirectly to a prospective client for the purpose of obtaining professional employment if:

(A) the written communication concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person, unless the accident or disaster occurred more than 30 days prior to the mailing of the communication; 

 

Investigations by the Florida Department of Insurance, Division of Insurance Fraud, along with other Special Investigative Units of various insurance companies, are currently dealing with an abundance of fraud in Florida related to the solicitation of car accident victims.

Typically, there is a car accident report that is filled out and filed in correlation with each incident.  There are individuals, known as "runners," who are contacting law enforcement agencies to obtain copies of all accident reports filed with each agency. Under Florida law, accident reports are public record, and therefore, law enforcement agencies fulfill the requests.

These "runners" are then using these reports to personally solicit accident victims or they give a list of victim’s names to a third party who will solicit the victims. These solicitations come in the form of persistent phone calls asking for personal information regarding the accident and even personal visits to the victim’s homes.  These runners are sometimes leading victims to believe they work with their insurance company, referring them to doctors for treatment and/or lawyers for representation, while receiving monetary compensation for their services from the party they have referred the victim to.   Some of these runners are even directly offering the victims money to visit a specific doctor, clinic or attorney.

As far as tracking phone numbers down for these runners to find out who they are… it is said that they are using pre-paid cell phones with temporary accounts that are registered with false contact information, making it difficult for anyone investigating these situations to trace anything back to the true account holder.

As you can imagine, this is a frustrating situation for everyone involved.  The victims many times do not realize they are in the middle of something unethical and illegal, and they are completely misled.  Honest and law-abiding attorneys and doctors are having potential clients essentially taken from them and directed to those who elect unethical practices as a means of fueling there businesses.  More and more people are coming together to make people aware of these runners and the potential that exists that they will contact you or a loved one, following an accident.

SHOULD A LAWYER USE POLICE REPORTS TO CONTACT ACCIDENT VICTIMS?

The short answer to this question is absolutely not. Use of information on a police report for purposes of solicitation is illegal in Florida, as set forth in Florida Statutes. Here is the exact statute that prohibits such use of information contained in police reports.

PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 119

119.105 Protection of victims of crimes or accidents.—Police reports are public records except as otherwise made exempt or confidential. Every person is allowed to examine nonexempt or nonconfidential police reports. A person who comes into possession of exempt or confidential information contained in police reports may not use that information for any commercial solicitation of the victims or relatives of the victims of the reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such solicitation during the period of time that information remains exempt or confidential. 

If you are solicited by a lawyer or someone working for a lawyer and you did not initiate the contact, you should immediately report that lawyer to the Florida Bar, and do not hire a lawyer that in their first contact with you is violating their own code of ethics and violating Florida Law. That is not the type of lawyer to hire.

 

DECEPTIVE AND MISLEADING ADVERTISING

HAVE YOU BEEN MISLED BY DECEPTIVE ADVERTISING?

Do television stations have an obligation to run deceptive and misleading television advertisements simply because an advertiser is paying?  Advertising in today’s society is highly visible on all media. The average person can be exposed to hundreds of television advertisements per day. Companies invest millions of dollars in major advertising campaigns. However, as costly as advertising is to produce, it is even more costly when something goes wrong. Unlike free speech, which is protected by the First Amendment of the Constitution of the United States of America, advertising is considered "commercial speech." Therefore, advertising has specific guidelines and regulations that can carry steep penalties if violated. False advertising is, in essence, exactly what the name implies: the passing off of goods or services as something they are not. It is the usurpation of good will and sales by unfair means. False advertising is prohibited and actionable under federal law and by various state statutes which prohibit deceptive trade practices and unfair competition. The Federal Trade Commission, and state attorney general have the power to bring suit to stop false advertising.

 

False advertising or deceptive advertising is the use of false or misleading statements in advertising that has the potential to persuade people into commercial transactions that they might otherwise avoid. "Truth in advertising" refers to essentially the same concept, that customers have the right to know what product or service they are buying, and that all necessary information should be told to the consumer so that they can make an informed decision. False advertising is illegal, however, advertisers still find ways to deceive consumers in ways that are legal, or technically illegal but unenforceable, such as providing a disclaimer in minuscule fine print, or a verbal disclaimer which makes their advertisement technically legal. Advertising is regulated by the authority of the Federal Trade Commission, a United States administrative agency, to prohibit "unfair and deceptive acts or practices in commerce. All commercial acts may be deceptive, not just advertising, however, noncommercial activity such as advertising for political candidates is not subject to prosecution under the FTC Act. The 50 states have similar statutes, which generally are very similar to that of the FTC and in many cases copied so closely that they are known as "Little FTC Acts." While the terms "false" and "deceptive" are essentially the same for most, being deceptive is not the same as producing deception. What is illegal is the potential to deceive, which is interpreted to occur when consumers see the advertising to be stating to them, explicitly or implicitly, a claim that they may not realize is false and material. The latter means that the claim, if relied on for making a purchasing decision, is likely to be harmful by adversely affecting that decision. If an ad is implicitly false, evidence must be obtained for what consumers saw the ad saying, and for the materiality of that, and for the true facts about the advertised product or service, but no evidence is required that actual deception occurred, or that reliance occurred, or that the advertiser intended to deceive or knew that the claim was false. The goal is prevention rather than punishment, reflecting the purpose of civil law in setting things right rather than that of criminal law. The typical sanction is to order the advertiser to stop its illegal acts, or to include disclosure of additional information that serves to avoid the chance of deception. Corrective advertising may be mandated, but there are no fines or prison time except for the infrequent instances when an advertiser refuses to stop despite being ordered to do so. The actual statute defines false advertising as a "means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.

If you see false or deceptive advertising, you can report it to the Office of the Attorney General in Florida, they pursue claims of false and depceptive advertising and there is no recourse against a consumer for filing a complaint.  Here is a link to the Florida Attorney Generals Consumer web site.

http://myfloridalegal.com/pages.nsf/Main/60FD9BD8FA71A5B185256CD1005EE5C5

 

WHY HIRE A PERSONAL INJURY LAWYER?

I have had occasion to speak with physicians that treat auto accident injuries as well as other types of personal injury such as slip and fall, and have noticed a common theme when it comes to hiring a lawyer.  The physician may suggest to their patient that perhaps they should hire a lawyer. The patient often responds with "I don't want to sue anyone" or "I can handle it myself".

This response by the patient indicates that either the patient does not understand what a personal injury lawyer can do to help them, thinks it will cost them money to have a lawyer, or mistakenly believes that the lawyer will immediately plunge them into a lawsuit. Another possibility is that they are completely turned off by the lawyer advertisements that constantly permiate television, radio, billboards, and the phone-book. Most lawyer advertisements fail to tell people why they should hire a personal injury lawyer, or what benefit a lawyer might obtain, other than the elusive promise of money from a lawsuit. These commercials are nothing more than "branding".  Lawyers engaged in branding seek to develop or align the expectations behind the brand experience, creating the impression that a brand associated with a product or service has certain qualities or characteristics that make it special or unique.  Lawyers advertising for injury and accident cases use branding catch phrases and slogans such as; assertive, demanding, working it, defending the little guy, fifty years of experience, we like to win, seek justice, get me the money. After seeing these commercials every day for years, lawyer branding starts to sound he same and all lawyers get lumped into the same bucket, "ambulance chasers".  The term ambulance chasers takes on more meaning when a representative from the law firm is illegally handing out lawyer business cards or attempting to sign up patients in the emergency room or accident clinic.

It is no surprise that many people are turned off by lawyer branding activities. People should be asking "why should I hire a lawyer", and "what will the lawyer accomplish for me?".  You dont hire a lawyer simply becasue their branding drills it in that the lawyer is; angry, assertive, demanding, doing it for fifty years, or wants to win.  You hire a lawyer becasue you understand the lawyers true role and what he may be able to accomplish for you.

As a result of lawyer branding on television, there is a perception that the lawyer is going to immediately file a lawsuit to try and get money from the other driver in your accident. Ultimately a lawsuit may be filed, and you may get money from the at fault driver, however this is only part of what actually happens when a lawyer takes on a new personal injury case. Usually the lawsuit is the last thing that takes place in the representation after all attempts at settlement negotiation have failed to produce a satisfactory settlement.

Here are some of the services and benefits that a personal injury lawyer should provide:

1. Assisting with property damage repairs or total loss of your vehicle

2. Negotiation for dimished value of your damaged vehicle

3. Obtaining a rental vehicle while your vehicle is being repaired

4. Obtaining compensation for your lost wages

5. Obtaining payment for your medical bills

6. Coordination of your PIP benefits

7. Making sure all medical bills are paid by the end of your case

8. Resolving all liens from medicare, medicaid, health insurance, medpay and all other collateral sources

9. Obtaining compensation for bodily injury, pain and suffering

10. Obtaining compensation for miles driven

11. Obtaining compensation for a permanent injury

12. Obtaining compensation for your spouses loss of consortium

13. Filing a Civil Remedies notice

14. Filing a lawsuit

15. Attending a presuit mediation

16. Completing an accident investigation, obtain the police report, take scene photos 

17. Taking photos of property damage and injuries

18. Obtaining medical bills, liens, PIP logs, medicare liens, medicaid liens, and medpay liens

19. Providing legal advice on your options and settlement offers

20. Negotiating a satisfactory settlement for your bodily injury

No lawyer can guarantee that all of the above objectives are achieved, and not all of the above apply to every personal injury case.  When clients go it alone and represent themselves, they take on responsibility for handling all of the above legal matters, often with no knowledge or legal skills in handling these maters. The lawyer in a contingency fee case only gets paid a percentage of the bodily injury settlement, and handles all the other matters listed above free of charge. It makes no sense for a person to try and handle these matters himself when they are routinely handled on a contingency fee basis, no fees of costs unless you win.  

What is ironic when it comes to legal branding that we often see on television, claims that the lawyer is; assertive, determined, aggressive, angry, demanding, tough, old, or a giant law firm, is that these attributes have nothing to do with the handling of a personal injury or auto accident claim.  A skilled personal injury lawyer will handle all of the above matters, put together a well written demand to the insurance company, negotiate skillfully and courtesly for the best possible settlement, and if all else fails, file a lawsuit on your behalf.

The skills needed are not necessarily the attributes that are used in lawyer branding on television. In fact if a lawyer takes the approach of being assertive, angry, demanding, or dominant with the insurance company, it will be met with more resistance than if the lawyer is professional, courteous, skilled, and competent. Unfortunately you dont see lawyer branding using these adjectives, because they are selling attributes that the unskilled, uneducated public believes make for a good lawyer. They are selling the sizzle not the steak, the car radio not the car, the idea of a lawyer not what a lawyer actually does, the promise of money not the skilled and professional handling of your case.  To add insult to injury (no play on words) in many instances in large firms that engage in lawyer branding on television, the angry, aggressive and demanding lawyer that you see on television does not even handle the injury case himself, rather a room full of legal assistants handle almost all aspects of the case from start to finish.

 

HOW TO SELECT A PERSONAL INJURY LAWYER

Here are some useful tips on how to select a personal injury lawyer. 

 

PERSONAL SERVICE COUNTS

A personal injury lawyer should provide personal service. You should hire a law firm where a lawyer handles your case, not a paralegal, case manager, or legal assistant. In some law firms, especially high volume law firms that advertise on television, personal injury cases are handled by paralegals, case managers and secretaries from start to finish. Why even hire a lawyer if your case is not going to be handled personally by that lawyer. If you find that you are in a situation where the only person you ever speak with at your lawyers office is a legal assistant, and you never actually talk to a lawyer, then your lawyer is not providing personal service, and is probably not handling the case himself. You should know that paralegals, case managers, and legal secretaries by law are not allowed to answer any legal questions, or give you any advice.

AVOID FIRMS THAT EMPLOY CONTRACT RUNNERS

 

When you hire a lawyer to represent you, we believe that you are entitled to meet with a lawyer to discuss your case and sign a contract for legal representation. You should be able to sit down face to face with the lawyer you are hiring to discuss your case and sign the contract for representation. This meeting is perhaps the most important meeting you will have with your lawyer. However some high volume law firms employ contract runners, but may call them "investigators". These are usually non-lawyers, anyone with a drivers license, that will come out to your home or hospital room, sometimes in the middle of the night, with a contract for legal representation. You should not agree to meet with a contract runner, and avoid hiring this type of firm. You should insist that you meet with the lawyer you are hiring. Unless the contract runner (investigator) is also a lawyer, that person is not allowed by law to answer any legal questions you might have about the contract or about the representation.

 

SHOULD YOU USE A REFERRAL SERVICE?

There are occasions when a lawyer referral service is a good idea, such as when you need a lawyer that specializes in a very limited practice area such as Admiralty, or Patent Law. In these cases, the Florida Bar and many local bar associations offer lawyer referral services for free. In addition Martindale Hubbell and Lawyers.com are excellent referral services to find a lawyer in another state. For most legal matters however, the best referrals come from friends, family members, and physicians. Your local chiropractor or medical doctor can provide you with the name of a lawyer that he trusts and in which he has confidence as a result of working with that lawyer over the years. Former clients of a lawyer also provide a good referral source, because they have first hand knowledge of how a particular lawyer handled their case.

 

SHOULD I HIRE A LAWYER BECAUSE HE IS ON TELEVISION?

 

Lawyers that advertise on television may be relying on new business from their advertising rather than repeat business from satisfied former clients. Some law firms spend in excess of $20 million per year on advertising. Further, firms that advertise on television may be high volume law firms, and your case may be handled by a paralegal, case manager, or legal secretary, rather than a lawyer. Lawyers that advertise on television often utilize contact runners due to the volume of incoming cases, but remember contract runners are not lawyers, and they cannot answer your questions or give you any advice. Lawyers that do not advertise typically have been in practice long enough to have developed a large number of satisfied former clients, and do not rely on advertising for new personal injury clients.

 

EXPERIENCE AND REPUTATION COUNTS

It is important to ask your lawyer how many years they have been handling personal injury cases, and how long they have been a member of their state bar association. Handling of a personal injury claim requires knowledge and experience. The insurance companies know if they are dealing with a lawyer on the telephone, or if their law firm routinely has case managers and secretaries speaking with them. Your lawyers ethical standards and ratings by their peers are also important. You can check with your State Bar association and find out if there have been complaints filed against your lawyer in the past. Further there are peer review ratings available from Avvo, Martindale Hubbell,

and others.

 

SHOULD I RELY ON A REFERRAL FROM A HOSPITAL EMERGENCY ROOM WORKER

 

It is illegal for anyone working in an emergency room to hand you a lawyers business card or otherwise refer you to a lawyer. This is called solicitation and is illegal and the lawyer should be reported to the Florida Bar Association. Further any lawyer that calls you on the telephone after your accident, without you first calling him, is violating the law and should be reported to the Florida Bar Association.

 

A NICE GUY TOOK PICTURES OF MY ACCIDENT AND WANTS ME TO HAVE THEM

If another driver happens to be driving by your accident scene and offers to take pictures for you, be aware that he may be working for a lawyer and is attempting to indirectly solicit your auto accident case. These individuals listen to police scanners for information about auto accidents, then send a photographer out to the scene who will generously offer to take pictures of the accident scene. You should politely decline any such offer and keep a disposable or inexpensive digital camera in your glove box and take your own accident photos.

 

ASK YOUR LAWYER IF THEY WILL REDUCE THEIR FEES

A personal injury lawyer can end up making more money at the end of our case than the client takes home. This results when the lawyer takes his full one third fee, and the medical bills eat up the remainder of the settlement. The client can end up with no money and even unpaid medical bills. You should ask your lawyer if they will cut their fee at the end of the case so that the lawyer does not take home more money from your case than you do. If the lawyer is unwilling to reduce his fee, consider hiring a law firm that is willing to reduce their fee.

 

ASK YOUR LAWYER IF THEY HANDLE YOUR PROPERTY DAMAGE CLAIM FOR FREE

If your case involves a property damage claim (damage to your vehicle) you should ask your lawyer if they will handle your property damage claim for free, assist you with getting a rental vehicle, and deal with the insurance company that is paying for the repairs or total loss of your vehicle.

 

ASK YOUR LAWYER IF THEY WILL NEGOTIATE YOUR MEDICAL BILLS AND LIENS

A personal injury lawyer should assist you with getting your medical bills paid through PIP, health insurance, medicare, or medicaid, and seek reductions on your behalf when necessary. You should not be left with substantial unpaid medical bills at the end of your case. In addition your lawyer should assist you with the resolution of all subrogation liens related to medicare, medicaid, health insurance, and any other collateral source that paid your medical bills.

 

ASK YOUR LAWYER IF THEY HAVE A BUSINESS RELATIONSHIP WITH A REFERRAL SERVICE OR MEDICAL CLINIC

 

Some lawyers engage in substantial business with lawyer referral services, and/or certain medical providers or clinics. If your lawyer refers you to a particular medical provider after your injury or accident, you should ask whether your lawyer has any type of business relationship with that medical provider, or with a particular referral service. Your lawyer should honestly disclose any relationship with a referral service or medical clinic.  Further when a lawyer suggests that you go to only one medical provider, you should insist that they give you the names of no less than three medical providers, that you can choose from. If you are already under the care of a doctor or chiropractor, and your lawyer insists that you stop seeing that physician, and that you change to another medical clinic, you should insist that the lawyer explain why, and explain whether he has a business relationship with the clinic or clinic owner. If you are satisfied with your current doctor, or chiropractor there is no reason that you should be expected to change doctors.

 

 

MY TV-Ad LAWYER SENT AN INVESTIGATOR TO MY HOUSE

If you hire a lawyer that advertises on television and has an 800 number, there is a good chance that they will send an "investigator" to your home or hospital room.  The word "investigator" is legal speak for what this person actually is, and that is a "contract runner".   A good indication of this is when the "investigator"  has brought along a contract for legal representation for you to sign.   You might want to ask the investigator if he is a lawyer, and you might also want to ask where is the lawyer, and who is the lawyer in the firm that will be actually handling my case?   In my opinion, you deserve to meet with the lawyer that is going to handle your case, especially for that all important first meeting when you are asked to sign a contract for legal representation.  A contract runner, unless he is also a lawyer,  is not allowed to answer any legal questions, or give you any advice.  

THE FLORIDA-LAWBLOG

FOR A FREE CONSULTATION CONTACT ATTORNEY CHARLES D. SCOTT, 727-300-4878, OR EMAIL: [email protected]

The Florida Lawblog is owned and published by S&F Media LLC (a Florida Limited Liability Company)  and provides insights into current legal topics, and stories of interest in Florida law. Some content  is based on guest commentary, or links to previously published articles, and court cases which have appeared in other publications. Posts may include the opinion of contributing authors, and readers are encouraged to view the referenced materials and links, and come to their own conclusions. You should not rely on any information contained within this site when making legal decisions or handling legal matters.  This site is limited to Florida law topics, and does not constitute legal advice, nor does this site constitute an advertisement or solicitation for business, always seek the advice of a lawyer in your state before making any decision or taking any course of action on any legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide to hire a lawyer, ask them to send you free written information on their qualifications and experience. Visit our web site at:  https://www.yourstpetelawyers.com