Florida Bar News articles from February 2002

Florida Bar News archives from February 2002

Children deserve independent representation: According to the Children's Commission.
February 1, 2002... What kind of representation do children deserve? Lawyers, guardians ad litem, a combination? And what kinds of cases should trigger mandatory representation so that children no longer get lost in the court system without a voice? Just...

Bush proposes hold-the-line court budget.
February 1, 2002... Gov. Jeb Bush's 2002-2003 spending plan for the state court system by and large maintains the status quo as he recommended only a slightly more than $25,000 decrease in court system funding. Coming on the heels of a special session in which...

Program helps lawyers ethically expand into ancillary businesses.
February 1, 2002... A successful and well-received free seminar during the Midyear Meeting will lead to a second such event at the Bar's September General Meeting in Tampa. Sponsored by the Special Commission on MDP and Ancillary Business and organized by the...

Leadership and Funding for Legal Aid.
February 1, 2002... Caption: THE FLORIDA BAR FOUNDATION marked the 20th anniversary of Florida's IOTA program at the Bars recent Midyear Meeting in Miami. Since its inception in 1981, the Foundation has awarded more than $175 million in IOTA grants, with free...

Barry law gets $11-million gift: Gov. Bush, AG Butterworth throw their support behind the school.
February 1, 2002... Beleaguered Barry University School of Law got a major boost in its long fight for accreditation: $11.3 million in donations and glowing letters of support from the Governor and Attorney General. "It's a great day for Barry University...

Bar MJP panel considers the pro and cons.
February 1, 2002... California lawyers, though not admitted to practice law in Florida, were hired to represent a Florida corporation in negotiations with investment bankers and served as the corporate counsel during the corporation's initial public offering. ...

Letters.
February 1, 2002... IOTA I have to disagree with the letter in the December 15 News, stating that the interest on trust account money is an illegal taking. I used to call my account in which I deposited a client's money my client's account. I was never in...

Disciplinary actions.
February 1, 2002... The Florida Supreme Court in recent court orders suspended 11 attorneys, reprimanded seven others, disbarred two, accepted the resignation of two, and placed one on probation. The following lawyers are disciplined: Vaughn Carpenter Brennan,...

State court system undergoes zero-based budget review.
February 1, 2002... Are five full-time positions really needed to help run Florida's mediator certification program? Can 30 percent be cut out of the $1.4 million for judicial travel? How about from the $350,000 or so earmarked for "executive travel" in the...

U.S. 11th Circuit to amend rules.
February 1, 2002... The U.S. Court of Appeals for the 11th Circuit is now accepting comments on proposed amendments to its rules. A copy of the proposed amendments may be obtained on and after February 4, from the 11th Circuit's website at...

Civil Legal Justice Act clears initial hurdles.
February 1, 2002... A Florida Bar-backed bill to get state funding for civil legal aid programs cleared important hurdles in both the House and Senate on January 8. The Civil Legal Justice Act, HB 491 in the lower chamber and SB 512 in the upper, cleared the...

Florida lawyer recounts the horror of law school shooting.
February 1, 2002... Tim Chinaris was praying with his son. He had just explained that the dean of the law school where Chinaris teaches and is the law librarian was dead. The dean's son is in Chinaris' son's preschool and the two are friends. "I told my son...

Board candidates present their views, qualifications.
February 1, 2002... Following are the platform statements of the nine Florida Bar members running for the four contested seats in the 2002 Board of Governors elections. Ballots will be mailed to Bar members in circuits with contested races on or around...

Board of Governors Candidates.
February 1, 2002... 13th Circuit, Seat 1 E. Christopher Abdoney I am a member of both The Florida Bar and the Georgia State Bar. Once admitted to the Bar, I practiced law as a prosecutor in the 13th Judicial Circuit, Hillsborough County, Florida. In 1997,...

Ethical considerations when withdrawing from representation. (Professional Ethics).
February 1, 2002... Rule 4-1.16 of the Rules of Professional Conduct is the ethics rule concerning withdrawal from representation. Subsection (a) of the rule lists situations where an attorney must withdraw from a representation, including when the attorney's...

House judicial oversight panel takes up legal practice issues.
February 1, 2002... Three bills passed last month by the House Judicial Oversight Committee are on track to change certain aspects of the way courts and attorneys operate. HB 205, sponsored by Rep. Ken Sorensen, R-Tavernier, and HB 502, by Rep. David Simmons,...

Mittelberg petitions for Bar reinstatement.
February 1, 2002... Pursuant to Rule 3-7.10, Barry Steven Mittelberg has petitioned the Supreme Court for Bar reinstatement. Mittelberg was suspended for nine months for violations including inadequate client communication, noncompliance with trust accounting...

How other states address MJP.
February 1, 2002... How are other states dealing with the multijurisdictional practice issue? On January 1, Idaho, Oregon and Washington entered into a first-of-its kind tri-state reciprocity bar admittance plan that would allow attorneys who pass one state...

Discounts on magazines available to Florida Bar Members.
February 1, 2002... The Florida Bar's Membership Benefits Committee has arranged for members to obtain magazine subscriptions at substantially reduced prices. You can save up to 50% on your magazine purchases. Several hundred magazines are available at reduced...

First Amendment seminar focuses on adult entertainment.
February 1, 2002... Promising to be packed with lively debate on' the clash between free speech and community values, the first-of-its-kind OLE seminar called "Sex, Laws and Government" Adult Entertainment Law Symposium will be held February 13 at the Tampa...

Military Law Symposium set for March 23.
February 1, 2002... Major General Thomas J. Fiscus, the judge advocate general of the United. States Air Force, will be the keynote speaker for the 2002 Military Law and Legal Assistance Symposium March 23 at the Tradewinds Sirata Beach Resort on St. Petersburg...

Bankruptcy assistants set certification seminar.
February 1, 2002... The Association of Bankruptcy Judicial Assistants' Continuing Legal Education Committee recently developed and modified a "Bankruptcy Certification Program" for non-legal persons, by gathering information from the Knapp Designing Certification...

New panel gives advice to trial court staff attorneys.
February 1, 2002... A trial court staff attorney may participate in Law Week projects where the lawyer provides a general overview of the law, but may not provide specific answers to legal questions posed by members of the public. That's the advice from the...

Court amends judicial code.
February 1, 2002... The Florida Supreme Court has approved changes to the Code of Judicial Conduct and added a second lawyer member to the Judicial Ethics Advisory Committee. The court had asked the committee whether canons 5D(5)(h) and 6B(2) should apply to...

PAF awards paralegal scholarships.
February 1, 2002... Paralegal Association of Florida, Inc., (PAF) will be awarding scholarships for 2002 at its Annual Meeting in West Palm Beach in September. In 2001, PAF awarded four $500 scholarships. Scholarships are awarded to individuals who are...

Paralegal group changes its name.
February 1, 2002... The Legal Assistants of Southwest Florida, Inc., of Sarasota recently voted to adopt a new name -- Southwest Florida Paralegal Association, Inc. The organization also elected new officers, which include Jane Gill, president; Susan...

Duet leads Carrollwood Bar.
February 1, 2002... Mary Lynne Duet was recently installed as president of the Carrollwood Community Bar Association. Other officers of the organization include Joseph Kalish, vice president, Randall O. Reder, secretary, and Brett Wadsworth, treasurer.

InData Corporation. (New Products).
February 1, 2002... InData Corporation, publisher of trial preparation and presentation software, announces the release of TrialDirector Suite, version 3.0. This new version integrates tightly with the Summation Blaze LG family of products from Summation Legal...

CaseSott, a division of DecisionQuest. (New Products).
February 1, 2002... CaseSott, a division of DecisionQuest, announces that it has become corporate sponsor for the General Practice, Solo & Small Firm Section of the American Bar Association. Now, for a special, member-only bundled price, GPS&SF Section members can...

LLRX.com. (New Products).
February 1, 2002... LLRX.com, a web journal dedicated to Internet legal research and technology-related issues, has made its archives of legal research and Internet law related content even more accessible to visitors. Site owners Cindy L. Chick and Sabrina I....

Quorum, a leader in online data management for large-scale litigation. (New Products).
February 1, 2002... Quorum, a leader in online data management for large-scale litigation, announces the release of a new version of RedDoc II that allows native file review capability. RedDoc II, Quorum's Internet-based litigation document management system, now...

Bridgeway Software, Inc. (New Products).
February 1, 2002... Bridgeway Software, Inc., the leading provider of corporate legal solutions, announces the release of its corporate Application Suite upgrade, version 5.3. Bridgeway's Application Suite includes eCounsel, a legal department practice management...

Software Technology. (New Products).
February 1, 2002... Software Technology, a provider of both financial and practice management systems for the legal marketplace, announced the release of Version 10.5, the atest version of its Case Master practice management software product. Over 35 new features...

Justice Major B. Harding. (Meet the Court).
February 1, 2002... [Editor's Note: This is the third installment in a series of brief profiles on the justices of the Florida Supreme Court as produced by the Bar's Public Information and Bar Services Department. These profiles are to let Bar members and others...

News and Notes.
February 1, 2002... Alan F. Gonzalez of Walters, Levine, Brown, Klingensmith & Thomison, P.A., in Sarasota has been certified by the Department of Business and Professional Regulation, Division of Certified Public Accounting to present his course to accountants in...

On the move.
February 1, 2002... Julianne J. Flynn has become associated with Clayton & McCulloh, with offices at 1065 Maitland Ctr. Commons Blvd., Maitland 32751, telephone (407)425-4259. She concentrates in the areas of collections and foreclosures. Michael R. Flam has...

Benchmarks.
February 1, 2002... Eleventh Circuit Administrative Judge Stuart M. Simons was honored by the American Board of Trial Advocates as "Trial Judge of the Year" for his embodiment of "integrity, ethics, and knowledge of the law." Judge Debra Steinberg Nelson of...

11th Circuit's Mental Health Project wins national honor.
February 1, 2002... Florida recently received a national Innovations Award from The Council of State Governments. The award recognizes Florida's courts in Miami-Dade County for ensuring mentally ill offenders receive treatment. Florida's 11th Judicial Circuit...

Anti-Defamation League honors Leesfield.
February 1, 2002... More than 400 lawyers, judges and community leaders joined former President Bill Clinton and U.S. Rep. Ileana Ros-Lehtinen, R-Fl, in honoring Ira Leesfield as he received the Anti-Defamation League 2001 Jurisprudence Award. The...

Minority scholarships available.
February 1, 2002... The ABA is now accepting applications for its 2002-2003 Legal Opportunity Scholarships, which are intended to encourage law school applications from racial and ethnic minority students. The scholarship fund will award 5,000 of financial...

The Bar's Criminal Law Section.
February 1, 2002... Caption: SEN. LOCKE BURT, R-Ormond Beach, told members of the Bar's Criminal Law Section recently that the three big legislative issues for this session - tax reform, reapportionment, and the budget - will take some pressure off the Bar this...

Bar leery of advance funding schemes.
February 15, 2002... Florida attorneys representing personal injury plaintiffs should have little if anything to do with advance funding loans by third parties to their clients, according to the Bar Board of Governors. The board at its February 1 meeting in...

Senate Judiciary moves Civil Legal Justice Act.
February 15, 2002... The Florida Bar-backed Civil Legal Justice Act has cleared another hurdle with the Florida Legislature, but may be facing its toughest barrier -- finances. The Senate Judiciary Committee unanimously approved SB 512 on January 29, but some...

Barry granted provisional accreditation.
February 15, 2002... In a tense countdown that left graduates dangling in career limbo, Barry University School of Law's fourth and final chance to win provisional accreditation from the ABA has finally succeeded. In Philadelphia on February 4, the American Bar...

Nun fights for immigrants' rights. (Florida Lawyers).
February 15, 2002... An hour from Naples' lush championship golf courses, gated communities, beach-front condos, and five-star hotels, there is a humble farming town called Immokalee. With brightly colored stucco houses and storefronts bearing Spanish signs,...

Letters.
February 15, 2002... Bar Exam Here are my questions about the proposals to raise the minimum passing score on Florida's bar exam: (1) Has The Florida Bar ever studied whether there is a correlation between increasing minimum test scores and lowered incidence...

Lung cancer claims former Chief Justice Alan Sundberg.
February 15, 2002... Former Chief Justice Alan Sundberg was remembered by friends and colleagues attending a packed memorial service at the Supreme Court as a man "who walked with kings" yet never forgot the common touch. Sundberg, a member of the Florida State...

YLD seeks Diversity Award nominations.
February 15, 2002... The Florida Bar Young Lawyers Division is now accepting applications for its annual Diversity Award and Quality of Life Award. The YLD Board of Governors created the awards to recognize employers in the legal profession who make diversity...

Bill would allow DBPR to regulate the legal profession.
February 15, 2002... A proposed constitutional amendment to strip the Supreme Court of its powers to regulate the admission of lawyers and practice of law has been introduced in the Florida House. HB1337, by Rep. Fred Brummer, R-Apopka, would amend Section 15...

Ethics panel asks courts to amend the judicial canons: To encourage judges to become more involved.
February 15, 2002... The judicial canons should be amended to actively encourage -- rather than merely passively recognize -- a judge's ability to engage in activities that improve the law, the legal system, and the administration of justice; and should expressly...

Palm Beach Legal Aid wins Solo and Small Firm Award.
February 15, 2002... The Legal Aid Society of Palm Beach County, Inc., was recently selected as the recipient of this year's General Practice, Solo and Small Firm Section Pro Bono Award, which comes with a $3,000 grant. Runners-up for the award are the Bay Area...

Senate panel tables bill that would scrap merit selection.
February 15, 2002... A bill that would replace the existing merit selection and retention system for Supreme Court justices and appellate judges with a gubernatorial appointment and Senate confirmation process hit a stumbling block in late January that may halt its...

Court amends probate rules.
February 15, 2002... A set of emergency probate rules, initially approved last October, has been given final approval by the Florida Supreme Court. In a January 10 opinion, the court noted it had asked for comment when it first approved on October 11 the...

IOTA Bank Honor Roll.
February 15, 2002... The Florida Bar Foundation has announced that 12 banks have been placed on the 2001 IOTA Bank Honor Roll. The leadership role taken by these banks offsets 1998-99's $3.6-million annual revenue drop by nearly $970,292. Almost two decades...

Bar prohibited from taking sales tax stand.
February 15, 2002... The Florida Bar cannot, under existing U.S. and Florida Supreme Court rulings, lobby the legislature on proposed sales taxes on services, including legal fees. Tallahassee attorney Barry Richard, who represents the Bar when it is sued and...

Florida State to host bioethics law symposium.
February 15, 2002... Some of the country's top experts in the fields of bioethics, genetics, and disability will examine legal and ethical issues raised by advances in genetic mapping and testing and their impact on defining disability in a symposium hosted by the...

Bar website now has better access.
February 15, 2002... The Florida Bar's website, www.FLABAR.org, has a new feature and a new, server which will make navigating the site quicker and easier. Earlier this month, the Bar moved to a "frames" version of the website, which offers users separate,...

Bar's Lawyer Referral Service averages 500 referrals a day.
February 15, 2002... The Florida Bar Lawyer Referral Service broke yet another record in 2001 by making a whopping 123,156 referrals -- 7,000 more than last year and more than in any other year since the service began in 1972. The 12 LRS clerks average about...

The University of Florida.
February 15, 2002... Caption: THE UNIVERSITY OF FLORIDA Levin College of Law Trial Team captured first place in the Trial Lawyers Section's Annual Chester Bedell Memorial Mock Trial Competition, held during the Bar's recent Midyear Meeting in Miami. Winning team...

Enron case boosts bar's MDP stance.
February 15, 2002... The recent caller into National Public Radio's Diane Rehm Show was indignant. The subject for the day was the collapse of Enron, and the caller wanted to know how Arthur Andersen, LLP, Enron's auditor, could both audit the company and also sell...

Live TV coverage of the legislature available statewide.
February 15, 2002... WFSU-TV/The Florida Channel will again provide live, unedited coverage of the Florida Legislature's regular session this year. The programming can be seen on television and the Internet from 8 a.m. to 6 p.m., Monday through Friday, from now...

Study tracks youths tried in adult court.
February 15, 2002... Miami-Dade youths tried as adults and given adult sentences are twice as likely to re-offend as similar youth who are sentenced to juvenile justice programs, according to a recently released study. "Ironically, the study comes at a time...

Mast Academy.
February 15, 2002... Caption: MAST ACADEMY from Miami recently captured the state title in the annual We the People... The Citizen and the Constitution mock congressional hearing competition, sponsored by the Florida Law Related Education Association. More than 300...

Bill would require PDs to represent abused children.
February 15, 2002... Since public defenders already represent children charged with crimes, why not give them the job of representing abused and neglected children, too? That was the scaled-back proposed committee substitute (SB 686) that passed out of the...

Survey tracks corporate spending for outside counsel.
February 15, 2002... How will U.S. corporations adjust their spending on outside legal counsel in 2002? Will the recession rein in spending, or will economic factors be less of a concern, as businesses call on outside firms more to help navigate a changing...

Legal Aid Service.
February 15, 2002... Caption: LEGAL AID SERVICE of Broward County's Adopt a Family, which matches needy families with caring donors during the holiday season, provided gifts, food, and decorations to 86 children and 27 families in December. Adopt a Family...

Bar board proposes to alter ad rules to allow spokespersons.
February 15, 2002... Advertising attorneys could use nonlawyer spokespersons in their broadcast ads and also use some illustrations in all ads under new Bar rules being proposed by the Board of Governors. The board, at its February 1 meeting in Tampa, also...

Lack of challenges in the law may lead to depression. (Stresslines).
February 15, 2002... "Every Sunday evening, I get this awful sinking feeling, knowing I have to go back and face all the things I left on Friday," Matt said. "I never finish. I can't imagine ever getting done. "The worst thing is I'm not interested in the work...

Cofino to lead Miami Beach bar.
February 15, 2002... Pedro Cofino has been named president of the Miami Beach Bar Association for 2002. Other new officers of the association include President-elect Stephen G. Hertz; First Vice President David Alschuler; Second Vice-President Mitchell S....

Eugenio Hernandez.
February 15, 2002... Caption: EUGENIO HERNANDEZ was recently installed as president of the Cuban American Bar Association. The black-tie installation dinner at the Intercontinental Hotel in Miami was attended by approximately 500 guests, including several federal...

The Palm Beach County Bar.
February 15, 2002... Caption: THE PALM BEACH COUNTY BAR'S North County Section recently collected $1,002 for the Navy-Marine. Corps Relief Fund. One hundred percent of the money will be used to provide financial assistance to families of Navy victims who were...

Howard Bregman.
February 15, 2002... Caption: HOWARD BREGMAN, and wife, Kim, (on the right) and D. Culver "Skip" Smith, and his wife, Ellen, will be co-chairing the 14th Annual Pro Bono Recognition Evening May 1l at the Kravis Center for the Performing Arts. The event, which is...

Marshall Award nominations sought.
February 15, 2002... The ABA's Justice Center is seeking nominations for the 2002 John Marshall Award. The award was established in 2001 to honor John Marshall, fourth chief justice of the United States, who is credited with establishing the independence of...

News and Notes.
February 15, 2002... Rand Hoch of the Law & Mediation Offices of Rand Hoch in West Palm Beach was elected recently to serve a three-year term on the board of directors of Compass, Inc., Palm Beach County's gay, lesbian, bisexual, and transgendered community center....

On the Move.
February 15, 2002... Amy Refeca and Rebecca Brownell have become associated with Rumnberger, Kirk & Caidwell, P.A., with offices at 80 S.W. 8th St., Ste. 3000, Miami 33130, telephone (305)358-5577. Refeca concentrates in the areas of product liability and asbestos...

Bay Area Legal Services video assists domestic violence victims.
February 15, 2002... Bay Area Legal Services has recently produced a Spanish language video, "Digamos No a La Violencia Domestica". The English translation is "Say No to Domestic Violence." A grant for the production of the video was awarded by the Community...

The Coral Gables Bar.
February 15, 2002... Caption: THE CORAL GABLES BAR recently invited its members to celebrate the holiday season by contributing unwrapped toys to the CHARLEE program, an acronym for "Children Have All Rights: Legal, Educational, Emotional," which provides...

Nominations sought for Smith Award.
February 15, 2002... Stetson University College of Law is seeking nominations for the 2002 Win. Reece Smith, Jr., Public Service Award, which will be presented at its spring graduation in May. Stetson established the Win. Reece Smith Jr. Award in 1990 to...

Global Volunteers seeks lawyers for teaching expedition to China.
February 15, 2002... Fresh breezes of change are sweeping across China -- especially through its marketplaces and courtrooms -- thanks largely to the opening up of trade, tourism, and press restrictions. Global Volunteers invites U.S. lawyers and judges to witness...

Firm works to keep teen drivers safe behind the wheel.
February 15, 2002... Philip DeBerard has created a program aimed at helping parents teach their teenagers to become safer drivers. The program, called SOS -- Signing for Safety -- features a "driving contract" that encourages parents and their teen drivers to...