New Lawyer Advertising Rules Approved!

As if things were not confused enough, the Florida Supreme Court has approved new lawyer advertising rules that have been in the works for a long time, with two modifications, and over the dissents of Justices Parienti and Canady.

Here's a taste of the majority opinion:

Next, we address a concern expressed by commenters regarding the proposed requirement in new rules 4-7.13 and 4-7.14 that certain statements made in attorney advertisements must be “objectively verifiable.” Commenters assert that this requirement is unclear. We disagree. If the attorney can show, by objective facts, that the statement is true, then he has presented an objectively verifiable statement in the advertisement. On the other hand, making a subjective statement such as “the best trial lawyer in Florida” is a misleading statement that fails to meet the requirement because it is neither objective nor verifiable. The advertising statement must be supported by verifiable facts.

So now you need to assign an associate at your law firm to figure out what this all means and how this applies to your website.

Justice Pariente's dissent makes the distinction between traditional lawyer advertising and lawyer websites:

In my view, the potential harms and dangers presented by traditional advertising require closer oversight, whereas the inclusion of lawyers’ websites and information upon request as part of the lawyer advertising restrictions is unnecessary and has the potential to result in a chilling effect. For these reasons, I would exempt websites and information upon request from advertising restrictions, and I question whether the entire revamped approach to regulating traditional forms of advertising is a beneficial change.

 . . . .

In contrast to the surveys about the effects on the public of traditional lawyer advertising, there is absolutely no evidence that lawyers’ websites have contributed to the decline in the way the public views lawyers—or been the subject of abuse by the thousands of lawyers who utilize websites. It is clear from the date of these surveys that websites were not considered. Rather, a well-done and comprehensive website could give a potential client an abundance of meaningful information from which to make a decision as to that particular lawyer or law firm.

Or a good press release!

Speaking of Lewis Tein...

Does anyone know what the record is for Magistrate Judge recusals in a single case?

We have to be getting close.

So far Judges Turnoff, Torres, Simonton, and O'Sullivan have all recused.

Will Judge McAliley keep it?

(No civil opinions so no 3d DCA Watch today).

Live Feed Verdict Watch

Verdict Replay

  

Tweets by @centrallaw

The Nevin Shapiro/Shook Hardy Complaint!

John Pacenti provides the background, and you can read all the allegations (key word: allegations) here.

The cloak-and-dagger "Supervising Attorney" (paragraph 10) and "Partner" (paragraph 11) descriptions are interesting.

SHB's answer is here.

Lewis Tein State Court Motion for Discovery!

Today is a scheduled hearing in state court regarding discovery sought by Lewis Tein against the Miccosukee Tribe and the plaintiff's lawyers.

The topic of the discovery?

Alleged collusion between the Tribe and the Bermudez plaintiff's lawyers to concoct "sham" allegations against Lewis Tein.

It's an aggressive motion, to the say the least, and you can read the whole thing here.

Casey Anthony - Criminal Convictions Reversed

Florida Criminal Court Opinion Links Below Video

Criminal Defense Attorney reports two of Casey Anthony's four convictions have been overturned, a Billion dollar lawsuit was dismissed, and she filed for bankruptcy. In the criminal case, the court concluded that 2 of her convictions were, "REVERSED, in part; and REMANDED for the vacating of two of Appellant’s convictions in accordance with this opinion. Source: Court Records 

Casey was sued for 3 Billion dollars in federal court and won that one. Source: Court Records. Finally, this week Casey Anthony filed for bankruptcy and that case is pending. Source: http://www.wftv.com/documents/2013/jan/26/
casey-anthony-bankruptcy-filing/ .

Casey's Opinion

Yesterday we had three people (not including Casey Anthony whose whereabouts are unknown)  in the field covering police activity and fun at a huge event called Gasparilla. We had coverage from several camera positions, including a live feed from a helicopter. We lost followers and fans faster than we could count.


Conclusion: since sensationalism and bad news are what readers want, this is what you got - another Casey Anthony update.

Casey Anthony Bankruptcy Filing      Casey Anthony Conviction Reversed  
Casey Anthony Sued for Billions

Judge King Romances the Stone!

 
Judge King recently completed a bench trial in a fascinating case involving the discovery of priceless emeralds on the ocean floor off the coast of Key West.

Well, either that or the whole thing was possibly concocted:

When all is said and done, there are two options: Jay and Steve legitimately found lost stones on the floor of the Gulf, or Jay and Steve placed stones acquired elsewhere on the ocean floor in order to "find'' them and thereby establish an ancient provenance and greatly enhance the value of the stones and the reputation of the men as treasure salvors. There is just as much support for the theory that Jay and Steve planted the stones as there is for the assertion that they found them . The Court cannot simply accept the un-contradicted testimony of Jay and Steve that they followed a treasure map to the site, dove to the floor, and found the emeralds. Each story represents one possible interpretation of entirely circumstantial evidence, and neither persuades the Court. Even if the Court could determine that Jay and Steve did indeed find the stones on the first day, the Court has no credible evidence upon which to base a finding that the material was lost or abandoned by some other original "finder'' or owner.

Moral of the story:  If it wasn't "lost" in a marine peril, then the law of salvage does not apply.

BTW -- I like the novel use of first names though would have modified it slightly ("Jay and Silent Steve").