JUNE 2025 BAR BULLETIN JUNE 2025 | Page 20

PROFESSIONALISM CORNER

Let’ s Start Talking: New Conferral Requirements for Florida State Motion Practice( Concluded)

AVERY S. CHAPMAN

Best Practices

With Rule 1.202 having lifted off the runway in 2025, and reflecting upon federal practice, a few suggested best practices for state court are:

1. Call first: there is a lot to be said for speaking colloquially to an adversary, while the tone and tenor of an email or text can lose important meaning just when you are trying to promote agreement.

2. Follow up accurately in writing: once the call is made and discussion had, accurately email back to your adversary what was agreed upon and discussed. Draft that email immediately. This provides a good benchmark should recollections later differ, or a dispute arises, and is available for handy reference when drafting the Rule 1.202 consultation certification.

3. Take what you can get: consultation requires give and take, so if you can agree with your adversary on narrowing some of the issues, then do so, and then consider whether you truly need to bring a motion on what remains in dispute. It is surprising what falls by the wayside as unnecessary once you make headway in a dispute.

4. Respect judicial resources: this is a corollary to the third best practice. Consider what time and other resources a state court judge has to deal with your motion and its issues. You may find that by honing the issues through substantial consultation with your adversary, your success rate for helpful rulings from the court increases dramatically on what you do ultimately bring before the court.

5. Your credibility before the court matters: only bring what is truly necessary before the court. Consider the third and fourth best practices before coming to the court with a multitude of issues.

Rule 1.202 will help a lot more than it will hurt. Give it a chance, not only because we are required to do so, but because it has been proven that talking to one another accomplishes a whole lot more than ongoing needless conflict and contention.

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Avery S. Chapman, Esq. principal of Chapman Law Group, PLC, is a federal and state complex business torts litigator and trial lawyer with over 33 years of experience. He is a member of the Work Group submitting comments to the Supreme Court on behalf of the Business Law Section, past two-term Chair of the Florida Bar Business Law Section’ s Electronic Discovery and Digital Evidence Committee, a member of the Rules Committee of that Section, and as well a member of the Palm Beach County Bar Professionalism Committee and Rules and Civil Practice Committee. Mr. Chapman provides Strategies and Solutions™ to business professionals nationally and internationally from his offices in offices in Wellington, Palm Beach County, Florida. Mr. Chapman may be reached through www. chapmanlawgroup. net.

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Southern District Local Rule 7.1 further provides that non-compliance“ may be cause for the Court to grant or deny the motion and impose on counsel an appropriate sanction, which may include an order to pay the amount of the reasonable expenses incurred because of the violation, including a reasonable attorney’ s fee.” Certainly, those are remedies one could request if one encounters purposeful noncompliance with Rule 1.202.

Honoring the Past: The Fifteenth Judicial Circuit Historical Project

The Circuit is pleased to announce the release of a significant historical project that offers a comprehensive look at the evolution of the Fifteenth Judicial Circuit— both past and present.

This thoughtfully curated resource highlights pioneering members of the judiciary, landmark cases, and high-profile trials that have left a lasting impact on Palm Beach County’ s legal landscape. The project is now available online and can be accessed by visiting: www. 15thcircuit. com / court-history / court-history.

Once on the main page, the navigation panel on the right serves as a guide, allowing visitors to explore the names, faces, and moments that have shaped the courts throughout the Circuit’ s rich history.

Join the 100 % Club Today!

Find out what happens when 100 % of your firm are PBCBA members!

Learn more by visiting: www. palmbeachbar. org / 100-club

PBCBA BAR BULLETIN 20