One of my favorite legal cartoons shows a man in tattered clothes, seated on the sidewalk, cup in hand. His destitute state is explained by his sign: “Made a Verbal Contract.” Yes, verbal agreements are, in theory at least, usually (but not always) enforceable. But they are not ordinarily your best option. The main reason to avoid a verbal agreement, as opposed to a written agreement, is that the terms of verbal agreements are easier to forget, or to remember incorrectly. If I had a nickel for every client who came in with a tale of woe that included the Continue reading An Ounce of Prevention is Worth A Pound of Cure→

The Florida Bar Journal, April 2010 To the extent the well-written article “Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases” might give the impression that arbitration is less efficient than litigation, I respectfully disagree. The primary concern seems to be that some parties will institute litigation to avoid arbitration. For many arbitrable disputes, there is no credible argument to do this. Courts should dispose of such claims quickly, with sanctions against parties bringing them frivolously. As to post-award litigation, grounds for attacks on arbitration awards are quite narrow. Indeed, the cases cited in the article show that Continue reading Arbitration of Commercial Cases→

by Will Murphy, Attorney-At-Law This article is designed to give general information for litigation under the Florida Small Claims Rules. Attorneys may find that in some cases their clients or potential clients will be best served by litigating small claims on their own. Therefore, this article is intended to be accessible to non-attorneys. This article is neither exhaustive nor definitive, and the reader is cautioned that it is informational only and not to be relied on as legal advice. There is no substitute for the professional judgment and advice of an attorney. What is small claims? In Florida, there is Continue reading Small Claims in Florida: A Basic Guide→