Right to Work Normal Business Hours
The trial lawyer has the right to work within normal business hours – The trial court’s requiring voir dire to proceed at 7:30 in the evening was an abuse of discretion, absent any record of some reason for continuing trial so late. Ferrer v. State, 718 So2d 822 (Fla 4th DCA 1998)
Note however that the trial lawyer’s right to work within normal business hours may only apply in situations in which the trial lawyer is exhausted and is physically unable to proceed. In Green v. State, 951 So. 2d 962 (Fla 1st DCA 2007), the Court held it was permissible for the jury to continue their deliberations late into the night, over counsel’s objections, because the jury expressed its desire to do so, and the Court continually checked on the jury to make sure they were still mentally able to proceed with their deliberations. Counsel never complained about her ability to proceed with the trial while the jury was deliberating.