The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.
May 07, 2025
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The Florida Bar
WORKGROUP INVITES COMMENTS ON ABA’S ROLE IN BAR ADMISSION REQUIREMENTS
The Florida Bar | Article | May 07, 2025
The Florida Supreme Court’s Workgroup on the Role of the American Bar Association in Bar Admission Requirements is accepting comment from the public to help it in its work. The workgroup has held an initial meeting and now reminds interested parties they may provide input. Material for consideration by the workgroup may be sent to [email protected]. A report is to be submitted to the Supreme Court by September 30. The workgroup was directed to focus its study on the goals of promoting excellence in Florida’s legal profession; not hindering law schools from providing high-quality, cost-effective, and innovative legal education, in a nondiscriminatory setting; and protecting the public and meeting Floridians’ need for legal services. More information about the workgroup is available on the Supreme Court’s website, www.supremecourt.flcourts.gov.
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Legal Discipline
A MIAMI PERSONAL INJURY ATTORNEY MISAPPROPRIATED UP TO $381,000, BAR SAYS
Miami Herald | Article | May 06, 2025
When West Miami-Dade personal injury attorney Xenia Hernandez’s client Ryan Willoughby complained to The Florida Bar that his lawyer wouldn’t give him his part of a $41,000 settlement, the Bar auditor said he found two things: Willoughby wasn’t the only Xenia Hernandez Law client with that problem; and Hernandez had misappropriated between $169,000 and $381,000 in total. Based on these findings, the Florida Supreme Court granted The Florida Bar’s emergency suspension petition, which goes into effect May 25. In their petition, the Bar says they started a compliance audit of Hernandez’s trust account for the period Nov. 1, 2023, through Dec. 31, 2024, after Willoughby’s March 2024 complaint. Hernandez successfully represented Willoughby in a personal injury case, but she “did not disburse the settlement proceeds in a timely manner,” according to the Bar petition. Further, Hernandez did not reply to any of Willoughby’s attempts to contact her regarding the issue.
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Legal Discipline
FLORIDA SUPREME COURT PERMANENTLY DISBARS MIAMI ATTORNEY
Daily Business Review | Article | May 06, 2025
The Florida Supreme Court permanently disbarred foreclosure defense attorney Bruce Jacobs on Tuesday [May 6] and, in doing so, enhanced the punishment that the referee, Miami-Dade Circuit Judge Betsy Alvarez-Zane, called for in her report. Alvarez-Zane found that Jacobs committed serious misconduct and referenced five cases or counts in her report, each of which pertained to Jacobs’ particular brand of advocacy in foreclosure defense cases, which has seen sharp pushback, particularly from the Third District Court of Appeal. The state Supreme Court explained the accusations Jacobs raised against financial lenders when it suspended him for 91 days in June 2023. Now, the court has approved the referee’s findings of fact and recommendation on guilt “but disapproves the referee’s recommended sanction of disbarment [. . . ] Instead, respondent is permanently disbarred,” the court ruled, which is notable because disbarment allows a lawyer to reapply in five years; permanent disbarment means the person can never reapply.
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Civil Justice
JUDGE WEIGHS ARGUMENTS ON FLORIDA SOCIAL MEDIA LAW AFTER SUPREME COURT RULING
News Service of Florida | Article | May 06, 2025
Attorneys for the state acknowledged Tuesday [May 6] that a 2021 Florida law that placed restrictions on social-media platforms posed “First Amendment problems” but urged U.S. District Judge Robert Hinkle to reject a legal challenge that wound its way to the U.S. Supreme Court before being sent back to district court. The laws sought to limit the ability of social-media platforms such as Facebook and YouTube to moderate content on their sites. The U.S. Supreme Court last summer vacated conflicting appellate rulings in challenges to the Florida law and a similar Texas statute. The Supreme Court ruling did not resolve the constitutionality of the laws but kept in place an injunction that has blocked the Florida restrictions. Judge Hinkle, who issued a preliminary injunction in 2021, heard arguments Tuesday, where he repeatedly pointed to the U.S. Supreme Court decision, which he said “clearly” found portions of Florida’s law were unconstitutional.
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Civil Justice
SUIT CLAIMING BURGER KING SHOWED MISLEADING PHOTOS OF BURGERS CAN GO FORWARD, JUDGE RULES
Sun Sentinel | Article | May 06, 2025
A class-action lawsuit accusing Burger King of misrepresenting the size of its Whopper sandwiches in advertisements and in-store menu boards is moving forward after a federal judge declined, for a second time, to dismiss the case. The lawsuit, filed in U.S. District Court in Miami in March 2022, alleges that Burger King deceived customers by using photos showing burger patties substantially larger than what were actually served. U.S. District Judge Roy K. Altman said that at this stage, he was required to assume that the plaintiffs’ claims were true. Under that assumption, he said he agreed with the plaintiffs’ assertion that Burger King’s “advertisements — when compared to other, similar advertisements — have a greater capacity to deceive or mislead reasonable consumers.” Altman rejected Burger King’s request that he adopt the reasoning of two suits filed in New York by the same law firm against Wendy’s and McDonald’s that were ultimately dismissed.
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Other
TEENS ACT AS BAILIFFS, DEFENDANTS, JURORS, ATTORNEYS AT TEEN COURT DIVERSION PROGRAM IN CENTRAL FLORIDA
WESH | Article | May 06, 2025
Every Tuesday night, a courtroom in Seminole County fills with teens participating in Teen Court, a diversion program designed to give young offenders a second chance and keep them out of the traditional juvenile justice system. The teens act as bailiffs, defendants, jurors, and attorneys, participating in real cases involving teens facing real consequences. Lisa Turner, who runs the Prosecution Alternatives for Youth (PAY) program, which includes Teen Court, explained the program was created by victims who wanted young offenders to understand the consequences of their actions without leaving a permanent mark on their records. Turner said the program eases the burden on the overloaded juvenile court system and allows teens to avoid entering it. All cases are overseen by a judge, an adult who is a real lawyer, but the defendants’ fate is decided by a jury of their peers. Consequences include educational programs, counseling, drug testing, community service and volunteering as a future juror in Teen Court.