THE FLORIDA LAW BLOG

BAD THINGS LAWYERS DO (Because they can)

(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, even when an actual  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.

(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, even when an actual  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.

NEW LAWS TAKING EFFECT IN FLORIDA TODAY

Starting on Jan. 1, 2020 there will be some changes Florida Laws

1. CELL PHONES - School zones, and active work areas are hands free zones. You won't even be able to hold a cell phone.

Also, texting and driving is now a primary offense. The penalty for first-time texting violators is a $30 fine plus court costs. If you're caught texting in a school or work zone, there's a $60 fine and you'll have three points added to your license.

2) PRESCRIPTIONS - Healthcare providers are required to send all prescriptions electronically. This is to help better track prescription drugs and eliminate the confusion that can sometimes arise from doctors' messy handwriting.

3) MINIMUM WAGE - The state’s Department of Economic Opportunity reports the newest calculation will bump up wages 1.12%, or a dime, to $8.56 per hour ($5.54 for tipped employees) in 2020. In 2019, the minimum wage in Florida was $8.46 ($5.44 for tipped employees)

4) THE FLAG - To honor and remember the flag, authorizing the display of flag at specified locations, on specified days and in a specified manner.

5) OTHER LAWS- Also going into effect at the start of the year are bills related to qualified blind trusts, liens against motor vehicles and vessels, business organizations, office surgery, electronic legal documents, continuing care contracts, and immunization registry.

NEW LAWS TAKING EFFECT IN FLORIDA TODAY

Among the laws going into effect on October 1, 2019 in Florida:

TEXTING WHILE DRIVING. Lawmakers passed a bill (HB 107) that strengthened the state’s ban on texting while driving by making it a “primary” offense, allowing police to pull over motorists for texting behind the wheel. Most of the measure took effect July 1. But starting Tuesday, it will require motorists to go hands-free on wireless devices in school and work zones. The law directs law-enforcement officers to provide verbal or written warnings until the end of the year for motorists who don’t put down cell phones in those areas. Tickets will start to be issued Jan. 1, punishable as a moving violation with three points assessed against the driver’s license.

HAZING. A new law (SB 1080) was crafted after Andrew Coffey, a Florida State University fraternity pledge from Lighthouse Point, died in 2017 after drinking a bottle of Wild Turkey bourbon that had been taped to his hand. The law targets people who plan acts of hazing or solicit others to engage in hazing and makes it a third-degree felony if the hazing results in a permanent injury. The bill also provides immunity to people who call 911 or campus security to report the need for medical assistance during hazing incidents.

POLICE DOGS AND HORSES. The measure (SB 96) makes it a second-degree felony, up from a third-degree felony, for people who kill or cause great bodily harm to police, fire or search-and-rescue dogs or police horses. The change boosts the amount of potential prison time from five years to 15 years. Supporters said the bill stems, at least in part, from the deaths of Fang, a member of the Jacksonville Sheriff’s Office canine unit shot and killed by a teenager fleeing after carjacking two women at a gas station, and a Palm Beach County Sheriff’s Office police dog named Cigo that was killed in the line of duty.

CHILD-LIKE SEX DOLLS. The law (SB 160), in part, makes it a first-degree misdemeanor to sell, give away or show child-like sex dolls. The charge increases to a third-degree felony on subsequent violations. A committee staff analysis said the importation to the U.S. of sex dolls that resemble children has become increasingly prevalent. “Such dolls are manufactured in China, Hong Kong, or Japan and are shipped to the U.S. labeled as clothing mannequins or models in order to avoid detection,” the analysis said.

VETERANS’ COURTS. The law (SB 910) removes a requirement that military veterans be honorably discharged to be eligible for participation in veterans’ courts. It also expands overall eligibility to current or former U.S. defense contractors and military members of allied countries. Veterans’ courts are designed to provide treatment interventions to military veterans and active-duty service members who are charged with criminal offenses and suffer from military-related injuries, such as post-traumatic stress disorder, traumatic brain injury or a substance-abuse disorder.

NEW LAWS TAKING EFFECT IN FLORIDA

BRIGHT FUTURES ( SB 190 )

Requirements for Bright Futures scholarships get tougher. The “Academic” scholarship, covering tuition and fees entirely at state colleges and universities, will require a student’s SAT to be near 1330 instead of 1290. The “Medallion,” which covers 75 percent of the costs, would move to about 1200 from 1170.

TEXTING AND DRIVING ( HB 107 )
Sending messages on your phone, behind the wheel, will now be a primary offense. Law enforcement can pull you over texting and driving without needing another reason.

SCHOOLS OF HOPE ( SB 7070 )
The “Schools of Hope” program gets bigger. Charter schools will be allowed to open near public schools that regularly perform poorly.

TESTING FOR TEACHERS ( SB 7070 )
The testing requirements for teachers to get certified get easier.

PRIVATE SCHOOL SCHOLARSHIPS ( SB 7070 )
Families of four, making $77,000 or less annually, get access to public funded scholarships for private schools.

BRIGHT FUTURES ( SB 190 )

Requirements for Bright Futures scholarships get tougher. The “Academic” scholarship, covering tuition and fees entirely at state colleges and universities, will require a student’s SAT to be near 1330 instead of 1290. The “Medallion,” which covers 75 percent of the costs, would move to about 1200 from 1170.

TEXTING AND DRIVING ( HB 107 )
Sending messages on your phone, behind the wheel, will now be a primary offense. Law enforcement can pull you over texting and driving without needing another reason.

SCHOOLS OF HOPE ( SB 7070 )
The “Schools of Hope” program gets bigger. Charter schools will be allowed to open near public schools that regularly perform poorly.

TESTING FOR TEACHERS ( SB 7070 )

The testing requirements for teachers to get certified get easier.

PRIVATE SCHOOL SCHOLARSHIPS ( SB 7070 )
Families of four, making $77,000 or less annually, get access to public funded scholarships for private schools.

TECH TRAINING ( HB 7071 )
Vocational and technical training in high schools gets encouragement through expanded apprenticeship and career planning programs.

RED TIDE ( SB 1552 )
The red tide mitigation program kicks off with Florida dedicated to giving $3 million per year for six years from its general fund.

GARDENING ( SB 82 )
Homeowners get the right to grow fruits and vegetables in front yard gardens.

CHEAPER DRUGS ( HB 19 )
More affordable drugs can be imported into Florida from Canada and other countries, provided they’re approved by the U.S. Food and Drug Administration.

FIREFIGHTER BENEFITS ( SB 426 )
Firefighters with cancer, and the families of firefighters who’ve died from it, get access to certain benefits.

FEMALE INMATES ( HB 49 )
Requires state correctional facilities to provide incarcerated women with certain healthcare products; provides requirements for male correctional employees in certain circumstances; requires documentation of certain incidents involving male correctional employees.

SANCTUARY CITIES ( SB 168 )
Most of the provisions of the law prohibiting state and local governments from having sanctuary policies for undocumented immigrants go into effect. The enforcement section begins October 1.

PRIVATE ADDRESSES ( SB 248 )
Civilians who work with law enforcement get private addresses. In the past the provision applied only to officers.

TOLL ROADS ( SB 7068 )
The SunCoast Parkway is set to get expanded from Tampa Bay to Georgia. The Florida Turnpike will connect to the SunCoast in the west. Plus-- the state will create a new route from Collier to Polk county.

AUTONOMOUS VEHICLES (HB 311)
Clears obstacles to allow for the development of driverless vehicles in the state and creates a statewide framework for its regulation.

VAPING ( SPB 7012 )
No more vaping at indoor workplaces.

TELEHEALTH ( HB 23 )
Creates the rules to govern a Florida telehealth program.

HEMP ( SB 1020 )
The Department of Agriculture is ready and waiting to deploy rules to govern the growth, use and sale of hemp in Florida. The policy would also regulate CBD products in the state.

LAWS SET TO BEGIN IN OCTOBER

These are laws that have been signed by the governor, but won’t take effect until October 1.

SEX DOLLS ( B 160 )
Florida will no longer allow the sale or possession of sex dolls that look like children.

DOGS AND HORSES: ( SB 96 )
People who injure or kill first responder’s dogs or horses could face up to 15 years in prison. Previously the offense was capped at five years.

Here are some of the laws that started as soon as the governor signed them.

ANTI-SEMITISM ( HB 741 )
Florida’s schools and colleges now have to treat allegations of anti-Semitism the same as racism. The governor signed the bill during a trade mission trip to Israel on May 31.

SCHOOL GUARDIANS ( SB 7030 )
Trained teachers in certain districts can volunteer to carry a weapon. The law took effect on May 8.

SCOOTERS ( HB 453 )
Motorized scooter sharing services have less red tape from local governments. State rules will be established to regulate them.

MEDICAL WEED ( HB 7015 / SB 182 )
The governor’s signature in March repealed a ban on smokable medical marijuana.

BACK-TO-SCHOOL SALES TAX ( HB 7123 )
In May, the governor signed legislation removing sales taxes back to school items. Clothes-- $60 or less, school supplies-- $15 or less. Computers costing $1,000 or less. The tax exemption lasts from Aug. 2 to Aug. 6.

Florida man sues Just for Men hair dye maker after being scarred

An Orlando man claims his face is permanently scarred after using a Just for Men product to dye his beard, alleging it contained an ingredient that can cause burns, scarring and allergic reactions.

Just for men ingredients include the following: Ethoxydiglycol, oleyl alcohol, vegetable fatty acid, Ethanolamine, erythorbic acid, Trisodium EDTA, Polyguaterium-22, p-Aminophenol and p-Phenylenediamine, Resorcinol, and Hydrogen Peroxide. P-Phenylenediamine, also referred to as PPD.

In a federal lawsuit filed last month, David Collier, 62, alleges he developed a severe reaction after applying the Jet Black chemical dye to darken his beard. The defendants named in the lawsuit are Combe Products, Inc., which manufactures Just for Men, and Walmart, where Collier says he bought the product. Collier claims he suffered permanent scarring and discoloration on his face from using a men’s hair dye. In the lawsuit, Collier alleges the maker of Just for Men, failed to warn consumers that they could have allergic reactions to its Just For Men hair dye. The lawsuit also alleges African-Americans face a much higher risk of allergic reactions to an ingredient in the hair dye than white customers do.

The included product instructions advise people to test a patch of skin for allergic reactions before using the product. Users are advised to test a patch of skin and wait up to 48 hours for any signs of an allergic reaction and to seek immediate medical attention if they experience side effects such as a severe rash, swelling of the skin, dizziness, shortness of breath, and weeping of the skin.

Just for Men is sold in 15 countries, and in the United States for over 25 years. Numerous men have reported problems with Just For Men on ConsumerAffairs.com web site. Many of the complaints about the hair dye product were from customers who have used Just For Men for 10 years or more. The reported injuries from using the product include; blistering of the skin, severe itching, swelling and rashes, painful burning sensation, scarring, and weeping sores on the skin. In some cases, users have had to visit the Emergency Room to receive treatment for their symptoms.

HAVE YOU BEEN INJURED BY A PRODUCT here are some steps to follow:

1. Keep the product, and the packaging
2. Keep the receipt where you purchased the product
3. Take photos of any visible injury you have received
4. Seek medical attention
5. Consult with an attorney

The Insurance Industries Fallacy of ‘Pre-existing Conditions’

IN HEALTH INSURANCE

What is a pre-existing condition? This is strictly an insurance term that was created to characterize a particular health condition a person applying for insurance may have. The vast majority of people have pre-existing conditions. They may range from migraine headaches or chronic back pain, to cancer. The insurance industry is using pre-existing conditions as a pretext to deny coverage when someone applies for insurance. We hear politicians using pre-existing conditions as a political talking point, in particular with regard to the affordable care act. As many as 130 million adults under age 65 in the U.S. have pre-existing conditions that could result in their not being able to get insurance coverage in the private market, according to the Department of Health and Human Services. Before the Affordable Care Act became law, insurance companies routinely declined health insurance coverage to people who had ongoing medical conditions or recent illnesses. Even when insurers offered policies to those with health problems, they often excluded those illnesses. And insurance companies could cancel coverage for people who became ill once the policy year ended. The ACA made all those practices illegal. By withdrawing from defending the law in court, the Trump administration is saying it no longer supports those consumer protections, which are popular with voters.

IN AUTO ACCIDENTS

What most people don’t know is that the insurance industry has decided to use pre-existing conditions to deny coverage for injuries received as a result of other peoples negligence.

When a person is involved in an auto accident, or slip and fall, as a result of the negligence of another person or business, the first course of action for any lawyer is to pursue recovery from the insurance coverage of the person or business responsible for the injury.

The insurance industry now attempts to blame any and all injuries a person incurs on some type of pre-existing condition that person may have had, even if that condition was ten or more years prior. The standard response from insurance carriers when a claim is made for injuries, rather than attempting to pay the claim, is to demand that the injured person provide the name, address, and phone number of every medical provider they have ever seen in the past ten years, and to sign a medical release form so that the insurance carrier can obtain all the persons prior medical records.

When any injury shows up, regardless of how remote, the insurance carrier cries “pre-existing condition” and either denies the claim or low balls the offer to settle. In many cases, the injured party has made a full recovery from the prior injury and has had no symptoms for years and years, until the new accident happens. Despite full recovery and years of being symptom free, the insurance carrier cries “pre-existing condition” and denies the claim or offers so little that the claim is effectively denied.

This is why injured persons need the help of a lawyer more now than ever if they are injured as a result of the negligence of others.

The 'Frye' Standard Is Now the Law in Florida

Thinking about taking your case to court, this is important news.

In a crucial 4-3 decision, in Delisle v. Crane, Case (No. SC16-2182) (Oct 15. 2018), the Florida Supreme Court has clarified the law governing the admissibility of expert witness testimony in Florida—moving away from the Daubert standard utilized in federal courts, to the Frye standard.

Prior to this decision, the Florida courts were unsure whether to analyze expert testimony and corresponding pretrial motions under Daubert, or Frye, so most trial courts utilized Daubert.

In 2013 when the Florida Legislature modified Florida Statute Section 90.702 to adopt the Daubert standard, despite the Florida Supreme Court’s repeated affirmations of Frye. In the Delisle decision, the Court held that the Legislature overstepped its authority when it adopted Daubert, because the manner in which trials and litigation are to be conducted are "procedural" matters—which are entirely within the province of the Florida Supreme Court under Article V, Section 2(a) of the Florida Constitution.

Delisle will save plaintiffs money. Testing or investigation that may have been required under Daubert will likely no longer be necessary. Under the Frye standard, a plaintiff must demonstrate that its expert is using methods that are "generally accepted" by the community of similarly situated professionals.

Under Daubert, the expert’s methods had to be "scientifically reliable" and based on literature. Plaintiffs had to overcome the substantial hurdles of testing methodologies, statistical probabilities, and margins of error. As the court stated in Delisle: "Frye relies on the scientific community to determine reliability, whereas Daubert relies on the scientific savvy of trial judges to determine the significance of the methodology used."

In a concurring opinion, Justice Barbara Pariente explained that the Daubert amendment to Section 90.702 had "the potential to unconstitutionally impair civil litigants’ right to access to the courts." Pariente explained that "defendants often exploit the requirements of Daubert as a litigation tactic against plaintiffs attorneys." In addition, she acknowledged that Daubert hearings, which were in essence mini-trials, produced a "minefield clogged" with pretrial hearings that were "lengthy, technical and diffuse."

The testing costs, and addressing as many as 25 to 50 defense Daubert motions seeking to exclude multiple experts from testifying (and the corresponding multiple day-long evidentiary hearings) caused tremendous hardship to plaintiffs. Costs and legal fees increased by hundreds of thousands of dollars, and in some cases in excess of $1 million. This scenario often forced plaintiffs to abandon their claims or settle for less money due to these financial pressures. Defendants and their insurance carriers consistently utilized these litigation strategies to grind down plaintiffs and force them to accept lower settlements prior to trial.

In construction cases in particular, insurance carriers providing a defense to developers, contractors, architects, engineers and manufacturers often waited until the outcome of the Daubert hearings before analyzing the true value of the case—since there was a significant possibility of striking the expert testimony supporting the plaintiff’s claims. Therefore, Delisle is a monumental game changer, especially in large multi-party construction cases. It alters the balance of power between plaintiffs and defendants, and levels the playing field.

The court acknowledged that juries are capable of evaluating the credibility of competing expert testimony in making their decision and that trial judges should not usurp the jury’s role.

NEW FLORIDA LAWS OCTOBER 1, 2018

Several new laws went into effect in Florida effective October 1, 2018, here is a summary of those new laws.

FIRST RESPONDERS
The change for first responders (SB 376) would expand workers’ compensation insurance benefits for firefighters, police officers, paramedics and emergency-medical technicians who suffer from PTSD.

ANIMAL CRUELTY
The new law, named “Ponce’s Law” after the puppy, allows judges to bar people convicted of animal cruelty from owning pets. The legislation also increases the severity ranking of animal-abuse related crimes, making it more likely that offenders would go to jail upon conviction, also creates policies and procedures for animal shelters to use after natural disasters, such as hurricanes, to return lost pets to their owners.

PAYING FOR GUN BACKGROUND CHECKS
HB 55 allows people buying guns to use credit cards to pay for background checks. They have been required in the past to pay with personal checks, money orders or cashier’s checks.

DEAF REGISTRATION OF VEHICLES
-- HB 135 allows deaf people to voluntarily identify themselves as hearing-impaired when they register vehicles. The idea, which came from a Tallahassee police officer whose son is deaf, is intended to prevent communications issues with deaf drivers that could inadvertently lead to confrontations.

TRESPASS ON AIRPORT PROPERTY
-- HB 523 increases penalties to a third-degree felony for people who trespass on airport property to injure other people, damage property or impede the operations of aircraft. The bill is in reaction to instances since 2014 in which people got onto property at Florida airports, including Orlando International, Tampa International and Miami International.

BEER GLASSES WITH LOGOS FROM BREWERS OR IMPORTERS
-- HB 961 allows businesses such as bars to receive up to 10 cases of branded glassware --- 24 glasses per container --- a year from brewers or importers. Supporters of the “beer glass” bill maintained that the change would allow small businesses to save on the cost of glassware. But a number of craft brewers opposed the measure, arguing it would allow a small number of brewers who could afford the costs to flood the market with company-branded glassware.

IS THE AGGRESSIVE LAWYER BETTER?

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.

LAWYERS SHOULD NOT COME TO YOUR HOUSE

Some lawyers are advertising that the lawyer will come to your house or hospital room, 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.