THE JULY BAR NEWS: D’Alemberte remembered, Daubert replaces Frye in evidence rules, and internet advertising tactic regulated
The July Bar News is now available with stories including:
Talbot D. “Sandy” D’Alemberte, who helped write and push through Article V of the Florida Constitution that modernized the state’s courts and served as ABA president, Florida State University College of Law dean, and president of FSU, died May 20.
On its own authority, the Florida Supreme Court has revisited and reversed its 2017 opinion and approved using the “Daubert” standard in the procedural evidence rules to qualify expert testimony and witnesses in trials. The May 23 opinion overturned the 2017 opinion which had declined to procedurally adopt the Legislature’s 2013 law making Daubert part of the state’s evidence code (F.S. Chap. 90).
The Board of Governors has signed off on proposed amendments to Rule 4-7.13 that began with complaints about Google AdWords, and using a competitor’s name to attract clients. The board voted unanimously at its recent meeting in Palm Beach to approve proposed amendments that would “prohibit a lawyer from stating or implying that another lawyer is currently part of the advertising lawyer’s firm when that is not the case.”
Miami attorney Alex Hanna requested a rule change in January 2018. Hanna claimed competitors used his firm’s name to drive internet traffic to their site, and that the competitors’ clients threatened him with a Bar complaint in the mistaken belief that he represented them.