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“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

Client Alert
February 19, 2024

On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect, which creates a procedure for an attorney to appear in a limited manner in civil proceedings. Currently, when a Florida attorney appears in a civil proceeding, he or she is responsible for handling all aspects of the case for their client. This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court. For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss. Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case. 

The intended consequence of Rule 1.041 was to make accessing the Florida court system easier for litigants. Many individuals who could not afford to retain an attorney throughout an entire case can now pick and choose when they believe an attorney’s help will be the most beneficial. For example, a defendant in a debt collection lawsuit may choose to hire an attorney to attend mediation or handling the trial. Rather than the attorney devoting months to the case, the client hires the attorney for only a few days’ worth of work. 

A potential unintended consequence of Rule 1.041 is an increase is compartmentalization or specialization among of attorneys. The increase of specialization may be both a benefit and detriment to litigants. For instance, a number of Florida attorneys may start promoting their ability to defend any client at trial even upon short notice. An attorney such as this would rely on their knowledge of Florida Evidence Code to try to exclude evidence the plaintiff would need to prove their case. To the litigant faced with the proposition of having no attorney at their trial, or an attorney who has only a limited knowledge of their case, having an attorney who was only partially prepared would feel like a blessing. 

While some litigants will benefit from the new limited appearance rule, litigants will need to be careful in who they choose to hire for even a limited role. Going back to the example of a defendant in a debt collection lawsuit that hires an attorney to file a motion to dismiss, the litigant will assume that the limited appearance attorney will file a motion to dismiss tailored to their specific case; however, this most likely will not be what actually happens. It will be far more likely that attorneys will use form motions that only require changing the name of the defendant in a few key places. The attorney may have filed the same form motion in hundreds of cases with mixed success. Unfortunately, the current litigant will not know this without asking detailed questions of the limited appearance attorney before engaging them.

For more information or questions regarding the newly adopted Florida Rule 1.041, please contact BMD Litigation Attorney Ed Brown at ejbrown@bmdpl.com or (904) 366-1516.

Edward BrownFloridaLitigationCivil Litigation
Multimedia, Client Alert

Pregnant Employee Protections - New Requirements for Employers

April 11, 2023New protections are coming to the workplace for pregnant employees in 2023! In the most sweeping changes since the Pregnancy Discrimination Act of 1978, two new federal laws were recently passed: (1) the PUMP for Nursing Mothers Act (otherwise known as the Pump Act), and (2) the Pregnant Workers Fairness Act. The requirements of these statutes will require employers with more than 15 employees to implement new policies for their handbooks.Client Alert

Five Common Pitfalls for Employers to Watch Out for Under the Fair Labor Standards Act

March 29, 2023The Fair Labor Standards Act (FLSA) sets forth requirements for employers including, but not limited to, minimum wage, overtime pay, and recordkeeping for covered employees. These requirements are not as simple as they may appear on their face, which leads many employers to fall into compliance issues that they did not realize even existed.Client Alert

The NLRB Limits the Reach of Confidentiality and Non-Disparagement Provisions in Severance Agreements Overruling Trump-Era Policies

March 14, 2023Employers should exercise caution and closely examine the content of severance agreements to ensure compliance with a recent National Labor Relations Board (“NLRB”) decision.  On February 21, 2023, the NLRB restricted the breadth of permissible language of confidentiality and non-disparagement clauses when it issued its decision in McLaren Macomb and overruled its Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology.Client Alert

Ohio Medical Board Releases New Telehealth Rules

February 23, 2023On Tuesday, February 21, 2023, the State Medical Board of Ohio released its final telehealth rules to implement Ohio’s telehealth statute (O.R.C. 4743.09) for physicians, physician assistants, dieticians, respiratory care professionals and genetic counselors. Ohio’s advanced practice registered nurses (“APRNs”) should also take note of these rules. While the Medical Board does not govern APRNs directly, those APRNs who are required to have a collaborating physician and standard care arrangement (namely nurse practitioners, certified nurse midwives, and clinical nurse specialists) are still affected by the rules. Generally, if an APRN’s collaborating physician is limited in their practice, then the APRN will also be limited.Client Alert

The End of the Public Health Emergency is (Finally) Here

February 23, 2023The COVID-19 Public Health Emergency (“PHE”) that has been in effect for over three years is finally slated to end on May 11, 2023.[1] With the end of the PHE will come many changes for healthcare providers to be aware of; however, some changes may not come until much later.
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