Innovative or Alternative Fees Can be a Win-Win!

What is the traditional model of lawyering? Simply put, it is hourly billing. There is nothing wrong with this model; however, there are other alternative or innovative attorney's fee models out there that factor in performance, results, and efficiency. These are models that incentivize performance which is always in a client's best interest. Stepping out of a comfort zone is tough considering we are all creatures of habit. But, there are instances where trying something innovative or alternative is a win-win for you from a budgetary standpoint and, importantly, a results standpoint. If you are interested in learning more about...

27 April

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Parol Evidence Inadmissible to Determine Intent of Unambiguous Agreement

Posted by David Adelstein

in Uncategorized

Extrinsic or parol evidence is inadmissible to determine the meaning or intent of an unambiguous agreement. See Restoration 1 CFL v. State Farm Ins. Co., 2016 WL 1600331 (Fla. 5th DCA 2016) (error to allow deposition testimony regarding party’s interpretation of assignment when assignment agreement was unambiguous). “The parol-evidence rule is a substantive rule of law and reduced to its essence, provides that a written document intended by the parties to be the final embodiment of their agreement may not be contradicted, modified or varied by parol evidence.” King v. Bray, 867 So.2d 1224, 1226 (Fla. 5th DCA 2016). While there is...

21 March

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Know Your Standard of Appellate Review Regarding the Admissibility of Evidence

Posted by David Adelstein

in Appeal, Standard of Review, Uncategorized

The standard of appellate review regarding the trial court’s admissibility of evidence is an abuse of discretion. See Vavrus v. City of Palm Beach Gardens, 927 So.2d 992 (Fla. 4th DCA 2006); Castaneda ex rel. Cardona v. Redlands Christian Migrant Ass’n, Inc., 884 So.2d 1087 (Fla. 4th DCA 2004). Naturally, a party needs to preserve this issue by objecting to the admissibility of the evidence. If a trial court sustains an objection and excludes the evidence, the party trying to introduce the evidence should make a proffer / offer of proof. On the other hand, the standard of review for the trial court’s...

13 December

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Is Greed Really Good?

Posted by David Adelstein

in Trial Perspectives, Uncategorized

We all remember the famous "Greed is Good" speech from the movie Wall Street. How do you not love this movie and this speech? But, is greed really good? Does, greed really clarify the essence of the evolutionary spirit? When it comes to a dispute, sometimes--and most of the time--it is perhaps better to analyze the dispute from a big picture perspective in order to come a reasonable resolution. Yes, this reasonable resolution may not result in the resolution you ideally wanted, but it may potentially be the right resolution where greed and principle remain on the outside. It is not always the...

06 December

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Prove My Case

Posted by David Adelstein

in Trial Perspectives, Uncategorized

There is no better way to begin, then by relying on scenes in movies to support a point! Well, what is the point? It's not about having a case, it is about PROVING your case...