The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Trial Lawyers

Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule

Trial Lawyers
Witnesses are typically permitted to meet and communicate with lawyers before and after they testify. But a difficult situation may...

Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements

Trial Lawyers
For a physician who has been named as a defendant in a medical malpractice lawsuit, the decision whether to settle...

Invoking “the Rule” During Depositions? Absolutely “Maybe”

Trial Lawyers
Your Honor, I’d like to go ahead and invoke ‘the rule.’” Most litigators have uttered these words during a trial,...

10 Tips Leading to Efficient and Effective E-discovery for the Small Law Firm

Trial Lawyers
Amendments to the Federal Rules of Civil Procedure relating to electronic discovery became effective on December 1, 2006. Along with...

The Shield and the Sword: Regarding Disclosure of Private Psychiatric Records as a Routine Element of Discovery in Florida Auto Accident Litigation

Trial Lawyers
Regardless of the mechanics of a particular automobile accident, complaints in automobile injury cases often allege damages using the same...

Striking a Balance to Win: Balancing the Need to Win the Trial with the Need to Preserve the Record on Appeal

Trial Lawyers
All trial lawyers begin a case with one goal in mind — win the trial. Sometimes the quest for success...

Mislabeling the Pharmacist Who Does More Than Just Mislabel the Prescription: Pharmaceutical Liability Under Florida Law

Trial Lawyers
Like any prescription, the law of pharmaceutical liability is an amalgam. It is a blend of concepts, principals, and notions...

Winning Strategies: The Four Ps of Expert Witness Selection

Trial Lawyers
When any budding law school graduate embarks on his career, little is inherently known about the importance of expert witness...

Confronting Experts Whose Opinions Are Neither Supported nor Directly Contradicted by Scientific Literature

Trial Lawyers
In complex litigation, cases are often won or lost based on who wins the “battle of the experts.” Yet, one...

Can Two Wrongs Make a “Right” to Seek Indemnification of Punitive Damages From a Liability Insurance Carrier?

Trial Lawyers
In various factual scenarios insured parties act in a wanton, reckless, or consciously indifferent manner. A common example of this...