Laserfiche WebLink
M <br />Revised: June 7. 1923 <br />in accordance with the recommendations at the FAC Board of Directors <br />Request for legal assistance should go to one of the following: <br />President, Florida Association of 40unty Attorneys <br />President, Florida Association of Counties <br />Executive Director, Florida Association of Counties <br />2. The two Presidents, Executive Director and General Counsel confer on <br />preliminary determination of suitability of case. <br />3. Criteria for suitability of case at preliminary level include: <br />a. status of litigation — is there sufficient time to assist; <br />b. feasibility of success — Is the government's position reasonably <br />defensible; are the facts strong enough to support the county's position; <br />C. impact on other governments — vmuld a positive ruling assist other <br />counties; will the outcome of the case be likely to have substantial <br />Impacts on other counties; would a negative ruling without Florida <br />Association of Counties' involvement be more desirable than a negative <br />ruling with Florida Association of Counties funding, <br />d. potential cost — is the lawsuit.suc h that an exorbitant legal bill would <br />outweigh the interests to be protected; <br />S. unanimity of county support — would other counties view this issue as <br />important and one of common concem, and <br />f. analyze whether resources of the county are such that they are capable <br />of paying themselves; <br />g. Is perceived strength of case enhanced by support of FAC. - <br />4. Upon a prehminary -determination of suitability, the President of Florida <br />Association of County Attorneys would fax information about the cast to his or <br />her Board members who would than review the case for the following criteria: <br />a. Does your county or a county that you know of have litigation pending or <br />threatened on the same issue but with better facts andlor a better <br />likelihood of a successful outcome? <br />b. Does your county or a county you know of have ordinances or contracts <br />that may eliminate this type of litigation? <br />c. Do you know of a lawyer or law firm with experience in the type of <br />litigation at issue whom you could suggest for handling it? <br />d. Do you have a guess at the total fees and costs of the lawsuit? <br />8. In your opinion, should Florida Association of County Attorneys support <br />utilizing the Legal Defense Fund to handle this case and would you <br />recommend it to your commission? <br />f. Is there legislative action which would remedy the problem without <br />Iltigation; Is remedial legislatbn likely to pass? <br />113 <br />June 20, 1995 BOOK 95 mu 56 <br />