Saturday, 7 December 2019

..."Duty, breach, causation, and damages. Those are the elements of a negligence claim,..." https://definitions.uslegal.com/a/attorney-misconduct/


(https://legalmatch.typepad.com/personalinjury/)




Procedural Issues:
  • Ensuring that the claim is filed within the deadlines known as the statute of limitations
  • Selecting venue (the location where the case will be heard)
  • Filing the appropriate papers with the court
  • Responding to any court papers filed by the other party such as requests for documents
Strategic Matters:
  • Investigating the case through discovery (obtaining information from the other party)
  • Speaking for the client in court
  • Selecting a jury
  • Handling trial
  • Appealing your case
  • Recommending courses of action the client should take at all stages of the case
  • Regularly communicating with the client to provide updates

https://www.legalmatch.com/law-library/lawyer-and-client-responsibilities.html



SECTION I
FAMILY LAW RULES OF PROCEDURE
RULE 12.003. COORDINATION OF RELATED FAMILY CASES AND 
HEARINGS
(a) Assignment to One Judge.
(1) All related family cases must be handled before one judge 
unless impractical.
(2) If it is impractical for one judge to handle all related family 
cases, the judges assigned to hear the related cases involving the same family 

and/or children may confer for the purpose of case management and coordination
of the cases. Notice and communication shall comply with Canon 3.B.(7) of the 
Code of Judicial Conduct. The party who filed the notice of related cases or the 
court may coordinate a case management conference under rule 12.200 between 
the parties and the judges hearing the related cases. In addition to the issues that 
may be considered, the court shall: 
(A) consolidate as many issues as is practical to be heard by 
one judge; 
(B) coordinate the progress of the remaining issues to 
facilitate the resolution of the pending actions and to avoid inconsistent rulings; 
(C) determine the attendance or participation of any minor 
child in the proceedings if the related cases include a juvenile action; and 
(D) determine the access of the parties to court records if a 
related case is confidential pursuant to Florida Rule of Judicial Administration 
2.420. 
(b) Joint Hearings or Trials.
(1) The court may order joint hearings or trials of any issues in 
related family cases. 
(2) For joint or coordinated hearings, notice to all parties and to all 
attorneys of record in each related case shall be provided by the court, the moving 
party, or other party as ordered by the court, regardless of whether or not the party 
providing notice is a party in every case number that will be called for hearing.
RULE 12.004. JUDICIAL ACCESS AND REVIEW OF RELATED 
FAMILY FILES
(a) In General. A judge hearing a family case may access and review the 
files of any related case either pending or closed, to aid in carrying out his or her 
adjudicative responsibilities. Authorized court staff and personnel may also access 

and review the file of any related case.




Rule 3.3: Candor Toward the Tribunal

https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/


(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

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