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How can a plaintiff make separate, confidential offers to multiple defendants represented by the same attorney? This is essentially an ethics question.  Under Rule 4-1.7 (a), Florida Rules Regulating the Florida Bar, a lawyer shall not represent a client... Read More

Family Councils: Repacking the Baggage
Family Councils: Repacking the Baggage  Couples enter relationships with lots of baggage – good and bad —packed by their families of origin. Messages are tucked among:  • attitudes... Read More

What is Mediation? Breaking the Impasse   In this series principal Rodney A. Max discusses "breaking impasse” as it relates to closing the deal. In complex... Read More

In Support of a Fair, Impartial Judiciary We have been active supporters for years of the Florida Supreme Court Historical Society.  The Hon. Ben Overton, former Chief Justice, is a member of... Read More

Florida Bar's Campaign to Educate Voters When Florida voters go to the polls this November to pick a president, they’ll also be asked to decide on races that will get much less fanfare: whether to retain three Florida Supreme Court justices and 15 appellate court justices in various regions... Read More

Thinking Fast and Slow ~ Part II   Thinking, Fast and Slow by Daniel Kahneman (Farrar, Straus and Giroux 2011)* “Slow down, you move too fast. You got to make the morning... Read More

Should plaintiffs’ counsel always insist an adjuster with full authority attend? Mediations, as with so much of life, involve relationships.  I do believe that mediating with all of the important people present is a best... Read More

How does the mediator make sure the person has authority to settle? While the mediator can ask about authority, the mediator can’t “make sure”.  The person at the mediation may have sufficient authority, or may not... Read More

ABOUT APOLOGIES ~ PART II
ABOUT APOLOGIES ~ PART II “Never apologize and never explain – it’s a sign of weakness.” John Wayne “An apology is the superglue of life. It can repair just about anything.” Lynn Johnston With all due respect to The Duke, I don’t think he ever tried to mediate a lega... Read More

New Florida Lawyers – Can we Talk?
New Florida Lawyers – Can we Talk? I attended the 5th DCA swearing-in ceremony on Tuesday, May 8 and The President of The Florida Bar, Scott Hawkins, asked me to address the group on... Read More

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