Florida Bar News articles from April 2002

Florida Bar News archives from April 2002

Board sets out advance funding guidelines.
April 1, 2002... After months of debate, the Bar Board of Governors has adopted a proposed ethics opinion on advance funding schemes, including telling lawyers that the Bar doesn't like those financial arrangements. The board made two changes -- one of them...

Civil Legal Justice Act approved.
April 1, 2002... The Florida Civil Legal Justice Act, a top priority of The Florida Bar in the 2002 Regular Session of the Florida Legislature, has passed the House and Senate and has been sent to the governor. The House passed the legislation by a 114-1...

'I didn't know anyone was watching': Wagner wins Tobias Simon Pro Bono Service Award. (Florida Lawyers).
April 1, 2002... In 1950, a young lawyer defending a black man in Florida had the audacity to refer to his client as "mister," an act that so outraged the justice of the peace the lawyer was cited for contempt and jailed. Instead of cowing him into...

Board OKs MJP recommendations going to the ABA.
April 1, 2002... The Board of Governors has bound its eight ABA House of Delegates members to advocate in support of an exclusive "safe harbor" approach for allowing lawyers to temporarily practice in another state when the ABA considers multijurisdictional...

Insurance staff counsels can use some firm names.
April 1, 2002... Attorneys on the payroll of insurance companies who refer to themselves as law firms must provide "adequate disclosure" of their actual employment status and meet other new guidelines, according to a special commission report that has been...

Letters.
April 1, 2002... Enron I have to laugh at Bar President Terry Russell's spin on the lesson of Enron: "This is a pretty good example of why [MDPs] can't work. If they were to inject that philosophy into the law, that's what could happen. That's why we found...

Board, YLD board members elected.
April 1, 2002... The results are in for the four contested Board of Governors races and the two contested Young Lawyers Division board races. All but two of the races have been decided. In the board races: * For 13th Circuit, Seat 1, Timon V. Sullivan...

Board of Governors adopts FY 2002-03 budget.
April 1, 2002... A fiscal year, 2002-03 budget with a $1 million surplus has been approved by the Bar Board of Governors. Incoming Budget Committee Chair Gerald Beer presented the budget at the board's March 15 meeting in Tallahassee. It calls for total...

UPL panels need members.
April 1, 2002... The Bar's Unlicensed Practice of Law Department is seeking members for the local circuit unlicensed practice of law committees. Local circuit committee members conduct the investigations and make recommendations as to the disposition of...

Views clash on lawyers for foster children.
April 1, 2002... Passionate and diverse comments poured into the Supreme Court about whether dependent children sent to mental health facilities against their will should have their own attorneys before they lose their freedom and become separated from family,...

What are the costs?
April 1, 2002... If foster children being sent to mental health facilities against their will should have lawyers, how does Florida pay for them? That's what the Supreme Court specifically wanted to hear about when it asked for comments in case no....

Court hears insurance staff counsel oral argument.
April 1, 2002... An 11th Circuit judge who ordered insurance company staff attorneys not to use law firm type names on their letterhead was acting within his scope, or exceeded his authority, by interfering by promulgating procedural and lawyer conduct rules....

Disciplinary actions.
April 1, 2002... The Florida Supreme Court in recent court orders suspended 13 attorneys, reprimanded three others, disbarred one, and accepted the resignation of six. The following lawyers are disciplined: Charles Appel, 9350 S. Dixie Highway, Ste....

Bill would expand funding for Guardian ad Litem Program.
April 1, 2002... Why put a children's legal advocacy program in the agency that deals with the elderly? Why risk independence by moving the Guardian ad Litem Program from the judiciary to the executive branch? Despite those concerns, SB 686 passed out of the...

Senate takes up slip-and-fall cases.
April 1, 2002... Saying a recent Supreme Court decision shifted too much of the burden of proof to defendants in "slip-and-fall" cases, a Senate committee has approved a bill setting a new standard. The Banking and Insurance Committee approved SB 2256 March...

Chief Justice asks lawyers to consider running for office.
April 1, 2002... Be they Democrats or Republicans, the state needs more lawyer-legislators, according to Chief Justice Charles Wells. Addressing the Board of Governors in Tallahassee in March, the Chief Justice said lawyers -- especially young lawyers --...

Why 'client-getting ability' matters at small law firms. (Practice Management).
April 1, 2002... "The profit squeeze and income compression that has been a pattern for almost a decade is continuing. Some law firms have already taken steps to cope with these economic problems. For firms faced with decreasing profitability and an inability...

Bar Family Law Section updates its Web portal.
April 1, 2002... The Family Law Section has launched a new Web portal to better serve members and the general public, according to Caroline Black, the section's chair-elect. Located at www.familylawfla.org, the new- site is designed with more user-friendly...

Panhandle communities rally to offset holiday burglary loss.
April 1, 2002... Just two weeks before the Escambia/Santa Rosa Bar Young Lawyers Division was to distribute gifts to hundreds of children under the protective supervision of the Department of Children and Families as part of its Holidays in January project,...

Billing: Our profession's not-so-hidden shame. (Professional Ethics).
April 1, 2002... Every year throughout America, law firms alike repeat the same ritual with our brand new associates: We teach them about the business practices of being an attorney and by doing so, whether we realize it or not, we set the tone for the rest of...

Massive rewrite of workers' comp laws set aside.
April 1, 2002... Efforts for a massive rewrite of Florida's workers' compensation laws may have ended March 12 in a Senate committee when the bill sponsor scrapped most of the far-reaching provisions and settled for more modest changes. Sen. Jack Latvala,...

MDP panel to discuss strategic alliances.
April 1, 2002... The Special Commission on Multidisciplinary Practice and Ancillary Business is having a public meeting to discuss draft rules on strategic alliances. The meeting will be from at 10 a.m. to 1 p.m., Tuesday May 7, at the law office of Steel...

Hal Kantor. (News and Notes).
April 1, 2002... Hal Kantor of Lowndes, Drosdick, Doster, Kantor & Reed in Orlando was recently elected president of the Orlando Museum of Art.

Professional Education Systems Institute. (News and Notes).
April 1, 2002... David L. Deehl of Deehl & Carlson, P.A., in Coral Gables recently spoke in Dania, Tampa, and Orlando on ethics, arbitration, the economic loss doctrine, and business torts insurance coverage at seminars sponsored by Professional Education...

Stuart Jay Levine. (News and Notes).
April 1, 2002... Stuart Jay Levine of Walters, Levine, Brown, Klingensmith & Thomison, P.A., in Sarasota has been appointed general counsel for Aneco Electrical Construction, Inc.

Sandra Greenblatt. (News and Notes).
April 1, 2002... Sandra Greenblatt of Ferrell, Schultz, Carter, Zumpano & Fertel in Miami presented "Document Retention Policies: Are You E-Updated and E-Protected?" at the February meeting of the Florida Health Care Compliance Association.

Martin J. Shuham. (News and Notes).
April 1, 2002... Martin J. Shuham of Holland & Knight, LLP, in Ft. Lauderdale has been named general counsel to the Greater Ft. Lauderdale Chamber of Commerce and named a member of the executive committee of the chamber's board of directors.

Jeffrey Bercow. (News and Notes).
April 1, 2002... Jeffrey Bercow of Bercow & Radell, P.A., in Miami was a guest speaker at Continuing Legal Education International's Resolving Land Use Disputes Conference in Tampa where he presented "Local Government Quasi-Judicial Hearings."

James A. Farrell. (News and Notes).
April 1, 2002... James A. Farrell of Shutts & Bowen, LLP, in West Palm Beach has been elected vice-chair of the board of trustees of Columbia Hospital.

Kari L. Niblack. (News and Notes).
April 1, 2002... Kari L. Niblack of American United Life Insurance Company recently served as an evaluator for the Midwest Trial Competition held at the Marion County Courthouse in Indianapolis, Indiana.

Thomas E. Francis. (News and Notes).
April 1, 2002... Thomas E. Francis of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., in Orlando has been appointed to serve on the Downtown Development Board's Downtown Orlando Parking Committee.

Hispanic National Bar Association. (News and Notes).
April 1, 2002... Albert F. Tellechea of Akerman Senterfitt in Orlando recently spoke at the investiture of Judge Virginia H. Covington to the Second District Court of Appeal. Tellechea spoke on behalf of the Hispanic National Bar Association and the Hispanic...

Andy Haggard. (News and Notes).
April 1, 2002... Andy Haggard of Haggard, Parks, Haggard & Bologna, P.A., in Coral Gables has been appointed by Gov. Jeb Bush to the Florida State University Board of Trustees to fill the position left vacant by the death of former Supreme Court Chief Justice...

Ashley A. Newsom. (News and Notes).
April 1, 2002... Ashley A. Newsom of Foley & Lardner in Orlando was recently appointed to the City of Orlando Citizens' Police Review Board.

Ervin A. Gonzalez. (News and Notes).
April 1, 2002... Ervin A. Gonzalez of Colson Hicks Eidson in Miami was elected into the American Board of Trial Advocates. He also spoke at the "Damages in Commercial Litigation in Florida" seminar and the "Practicing with Professionalism" seminar in Miami, and...

Foley & Lardner. (News and Notes).
April 1, 2002... Robert S. Bernstein, Gardner F. Davis, Chanley T. Howell, Kevin E. Hyde, Linda Y. Kelso, and Luther F. Sadler, Jr., of Foley & Lardner in Jacksonville presented a seminar titled "Representing the Growing Business in Florida."

Rand Hoch. (News and Notes).
April 1, 2002... Rand Hoch of the Law & Mediation Offices of Rand Hoch in West Palm Beach was elected to a term on the board of trustees of Florida Stage.

Alan H. Fein. (News and Notes).
April 1, 2002... Alan H. Fein of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., in Boca Raton participated on a panel at the American Bar Association Forum on Communications Law Conference which discussed "Edwards v. Audubon Society 25 Years...

Lee County Association. (News and Notes).
April 1, 2002... Carolyn Delizia of Henderson, Franklin, Starnes & Holt, PA, in Ft. Myers has been elected president of the Lee County Association of Women Lawyers.

Charles Lichtman. (News and Notes).
April 1, 2002... Charles Lichtman of Berger Singerman in Ft. Lauderdale has been selected to co-chair the American Bar Association Business Law Section's Subcommittee on Lease Financing and Secured Transactions.

Lawrence Walters. (News and Notes).
April 1, 2002... Lawrence Walters of Weston, Garrou & DeWitt in Altamonte Springs recently presented the "Sex, Laws & Government Adult Entertainment Law Symposium" on behalf of The Florida Bar Public Interest Law Section. He also chairs the section's First...

Lee G. Cohen. (News and Notes).
April 1, 2002... Lee G. Cohen, an assistant state attorney with the Broward State Attorney's Office, has been named Statewide Prosecutor of the Year by Mothers Against Drunk Driving of Florida.

Gardner F. Davis. (News and Notes).
April 1, 2002... Gardner F. Davis of Foley & Lardner in Jacksonville recently presented the "Structuring the Business Venture: Balancing the Competing Interests" seminar, sponsored by the Business Law Section and Continuing Legal Education Committee of The...

Amelia Rea Maguire. (News and Notes).
April 1, 2002... Amelia Rea Maguire of Holland & Knight, LLP, in Miami has been elected to a two-year term on the board of trustees of the Florida State University Foundation.

Robert Bernstein. (News and Notes).
April 1, 2002... Robert Bernstein, Gardner Davis, John Sefton, Michele Martin, and Danielle Ruggiero recently presented the "Partnerships, Limited Liability Companies and Limited Liability Partnerships: Organization and Operation in Florida" seminar.

Law Offices of Steven M. Fahlgren, P.A. (On the Move).
April 1, 2002... Steven M. Fahlgren announces the opening of the Law Offices of Steven M. Fahlgren, P.A., with offices at 4751 S. Conway Rd., Orlando 32812, telephone (407)852-1711. The firm concentrates in the areas of consummer and commercial litigation.

Donald E. Conway. (On the Move).
April 1, 2002... Donald E. Conway has joined the Public Defender for the 10th Judicial Circuit, with offices at 255 N. Broadway, Third Fl., Bartow 33831, telephone (863)534-4200. He practices in the trial division.

Rosenberg Law Group. (On the Move).
April 1, 2002... Robin Rosenberg, former vice president and general counsel of Slim-Fast Food Company, announces the formation of the Rosenberg Law Group, with offices at 777 S. Flagler Dr., Ste. 800 W., West Palm Beach 33401, telephone (561)515-6094. She...

Broad & Cassel. (On the Move).
April 1, 2002... Daniel A. Miller has become associated with Broad & Cassel, with offices at One Clematis St., Ste. 500, West Palm Beach 33401, telephone (561)832-3300. He practices in the firm's commercial litigation and dispute resolution practice groups.

F. Brawner Greer. (On the Move).
April 1, 2002... F. Brawner Greer has become associated with Broad & Cassel, with offices at 390 N. Orange Ave., Ste. 1100, Orlando 32801, telephone (407)481-5207. He practices in the firm's affordable housing and tax credit practice group.

Kendall S. Wells. (On the Move).
April 1, 2002... Kendall S. Wells, formerly of the Florida Department of Insurance, has become associated with Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., with offices at 315 E. Robinson St., Ste. 600, Orlando 32801, telephone (407)4257010. He concentrates...

Clarissa Jatho Norris. (On the Move).
April 1, 2002... Clarissa Jatho Norris has become associated with the Law Office of Norma Hand Brill, P.A., with offices at 164 Pondella Rd., North Ft. Myers 33903, telephone (941)997-6464. She concentrates in the areas of estate and trust administration and...

Fowler White Boggs Banker. (On the Move).
April 1, 2002... B. Herbert Boatner, Jr., Heather B. Brock, and Daniel A. Martinez have been named shareholders with Fowler White Boggs Banker, with offices at 501 E. Kennedy Blvd., Ste. 1700, Tampa 33602, telephone (813)228-7411. Boatner practices in the...

Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A. (On the Move).
April 1, 2002... Scott A. Frick and John G. Bianco have joined Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A., with offices at 1505 N. Florida Ave., Tampa 33602, telephone (813)229-0900. Frick concentrates in the areas of civil trials and complex...

Brigham Moore, LLP. (On the Move).
April 1, 2002... Laura N. Camp has been named a partner with Brigham Moore, LLP, with offices at 203 SW 13th St., Miami 33130, telephone (305)858-2400. She concentrates in the area of property rights.

Akerman Senterfitt. (On the Move).
April 1, 2002... Bruce Culpepper has been named managing shareholder with Akerman Senterfitt, with offices at 301 S. Bronough St., Ste. 300, Tallahassee 32301, telephone (850) 222-3471.

Peter Larsen. (On the Move).
April 1, 2002... Peter Larsen has been elected to the board of directors of Akerman Senterfitt, with offices at 50 N. Laura St., Ste. 2750, Jacksonville 32202, telephone (904)798-3700. He concentrates in the areas of taxation and corporate law.

Melanie Emmons Damian and Peter Valori. (On the Move).
April 1, 2002... Melanie Emmons Damian and Peter Valori have been named partners with Tew, Cardenas, Rebak, Kellogg, Lehman, DeMaria, Tague, Raymond & Levine, LLP, with offices at 201 S. Biscayne Blvd., Ste. 2600, Miami 33131, telephone (305)539-2447. Damian...

Mark R. Leavitt, Stephen R. Looney, and Jay Van Heyde. (On the Move).
April 1, 2002... Mark R. Leavitt, Stephen R. Looney, and Jay Van Heyde have joined Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., with offices at 800 N. Magnolia Ave., Ste. 1500, Orlando 32603, telephone (407)841-1200. Leavitt concentrates in the...

Gregory L. Mayback. (On the Move).
April 1, 2002... Gregory L. Mayback has been named an equity shareholder with Lerner & Greenberg, P.A., with offices at 2445 Hollywood Blvd., Hollywood 33020, telephone (954)925-1100. He concentrates in the areas of patent and trademark law.

Paralegal exam and seminar set for April 26-27.
April 1, 2002... The Paralegal Association of Florida will hold its 25th Annual Spring Seminar at the Radisson Lido Beach Resort in Sarasota April 27. Double-track seminars will be offered in real estate and probate. Topics and speakers for the real estate...

DEP to host conservation easement conference.
April 1, 2002... The Florida Department of Environmental Protection's Division of State Lands will host the 2002 National Conservation Easement Conference, "Preserving Our Heritage to Ensure Our Future," June 17-19 at the Disney Coronado Springs Resort in...

Mason scholarship created at Stetson.
April 1, 2002... Joseph C. Mason, Jr., of Clearwater was stunned when he opened his Father's Day present last year. Daughters Anne S. Mason and Jane Mason Goldman donated $25,000 to Stetson University College of Law toward a scholarship endowment in his honor....

Immigrant Advocacy Center hosts dinner.
April 1, 2002... Florida Immigrant Advocacy Center recently hosted its annual awards dinner. The event, titled "Liberty and Justice for All," was held at the Hotel Inter-Continental. Liv Ullmann, honorary co-chair of the Women's Commission for Refugee...

The entertainment, arts, and sports law section.
April 1, 2002... CAPTION: THE ENTERTAINMENT, ARTS, AND SPORTS LAW SECTION recently hosted its Fourth Annual Legal Symposium on the World of Music, Film and Television at the Lowe's Miami Beach Hotel. The symposium luncheon featured keynote speaker U.S. Rep....

The University of Florida's College of Law Trial Team.
April 1, 2002... CAPTION: THE UNIVERSITY OF FLORIDA'S College of Law Trial Team recently won the American Trial Lawyers Association competition in Jacksonville, earning a spot for the law school in the national ATLA competition in Chicago in late March. This...

JQC records bill fails, new judges still in the works.
April 15, 2002... The 2002 Regular Session of the Florida Legislature ended without any new judges being approved, but there's a good chance that will change in the expected upcoming special budget session. And a proposed constitutional amendment to open...

Bar to launch 'Dignity in Law' campaign.
April 15, 2002... The Board of Governors has approved funding for a new public education and awareness program tentatively titled "Dignity in Law." The initiative, the first of its kind in the nation, will seek to communicate the positive work of attorneys...

Justice Harding calls it a career.
April 15, 2002... Known for his snappy bow ties, ready smile, and strong religious convictions, Justice Major Best Harding and his slow, Southern drawl will not be heard around the Supreme Court come fall. After 11 years on the high court and 34 total years...

ACAP helps lawyers and clients sort through their differences: Program statistics show a majority of caller complaints boils down to a lack of communication between attorney and client.
April 15, 2002... There are five attorneys at The Florida Bar who spend the majority of each day on the telephone. Not terribly unusual, some would say. But these attorneys are answering and placing phone calls that cool off angry clients and save some...

Letters.
April 15, 2002... Sex With Clients In The Florida Bar v. Bryant, -- So. 2d.27 Fla.L.Weekly S166 (FIa. February 21,2002), Justice Barbara Pariente, in a concurring opinion, encourages The Florida Bar "to consider a rule that prohibits all sexual...

10th JNC seeks judicial candidates.
April 15, 2002... The 10th Circuit Judicial Nominating Commission is now seeking applicants to fill a circuit court vacancy created by the retirement of Judge J. Tim Strickland, effective July 31. Applicants for the judicial position must have been members...

Bar to fill Third Circuit JNC vacancy.
April 15, 2002... One vacancy exists on the Third Circuit Judicial Nominating Commission due to the recent passing of one of the commissioners, Victor Africano. This vacancy will be filled as a direct appointment by the Board of Governors pursuant to F.S....

11th JNC to fill Dade County vacancy.
April 15, 2002... The 11th Circuit Judicial Nominating Commission is now accepting applications to fill a Dade County court vacancy created by the elevation of Judge Bertila Sota to the circuit bench. Applicants for the judicial position must have been...

Spiffier petitions for Bar reinstatement.
April 15, 2002... Pursuant to Bar Rule 3-7.10, John Joseph Spittler has petitioned the Supreme Court for Bar reinstatement. Spittler was suspended for nine months pursuant to a court order dated May 17, 2001, as a result of his misconduct in the filing of...

Bar portal would provide greater internet access to membership.
April 15, 2002... A Web portal launched in early 2001 by the State Bar of Texas may soon be popping up on Florida Bar members' computers. The Florida Bar Technology Task Force, the Program Evaluation Committee, and the Budget Committee recently approved...

Bill to double GAL budget down but, maybe, not out: According to supporters from both parties.
April 15, 2002... A bill that would have provided attorneys for abused and neglected children in dependency cases, with the promise that no child go unrepresented in court, was pulled from the House special calendar before it was scheduled to be heard. And...

Lawmakers only tweak workers' comp laws.
April 15, 2002... Efforts to restrict attorneys' fees for workers' compensation attorneys and to cut some benefits for injured workers went by the wayside in the final hours of the Florida Legislature as lawmakers adopted more moderate and...

Board makes appointments.
April 15, 2002... Two lawyers have been re-appointed to the Florida Bar Foundation Board of Directors by the Bar Board of Governors, and another has been named to the Supreme Court's Bar Admissions Committee. The board at its March meeting re-appointed Daryl...

New payroll solutions: It's not your father's payroll service. (Practice Management).
April 15, 2002... Good news for law firms. It's getting easier to make payroll. If you're still doing payroll yourself, you know that it's a painful process. Keeping up with all the changes in payroll regulations and withholding tables can be a...

Health law section nominates officers.
April 15, 2002... The Health Law Section's Nominating Committee has nominated Christine C. Whitney of Jacksonville for the position of chair-elect for 2002-03. The committee has also nominated James M. "Chet" Barclay of Tallahassee for treasurer and Allen...

PDs don't enjoy the same immunity as state attorneys.
April 15, 2002... Public defenders do not have the same "judicial" immunity against lawsuits enjoyed by judges and state attorneys but they still are covered by sovereign immunity statutes, the Florida Supreme Court has said. The court addressed the issue...

Ethics Symposium set for April at UM.
April 15, 2002... The ABA Criminal Justice Florida White Collar Crime Committee and the University of Miami School of Law Center for Ethics and Public Service will present the First Annual Criminal Justice Ethics Symposium April 26 at the University of Miami's...

Bar board denies panel's name change request.
April 15, 2002... What's in a name? Apparently quite a lot, according to the Bar Board of Governors, which has denied a request from the (take a deep breath) Special Commission on Multidisciplinary Practice/Ancillary Business to change to something a bit...