Florida Bar News articles from January 2002

Florida Bar News archives from January 2002

Miles McGrane named president-elect.
January 1, 2002... Coral Gables attorney and former Board of Governors member Miles A. McGrane III has become president-elect designate of The Florida Bar. McGrane was the only Bar member to file by the December 17 deadline. He will be sworn in as...

State courts face budget reductions: But the budget ax falls deeper into other branches.
January 1, 2002... The state judicial system has weathered the Florida Legislature's second and final special session with fewer budget cuts than expected, but there will still be severe scrimping and likely some layoffs. Monies for essential court...

Bar establishes charitable trust: The Florida Bar working for you.
January 1, 2002... As Joseph A. Mendola, general counsel for Nikko Securities Co. International, which had its offices in the World Trade Center, put it: "What we went through... was horrific. The sights and sounds will never leave me.. I just wanted to thank...

Letters.
January 1, 2002... Bar Exam In the December 1 News, a letter to the editor asked the following question: "Now let me get this straight...there was no rational, empirical justification for the current pass score of 131. So we're going to raise it. Am I...

Board to make March appointments. (Notice).
January 1, 2002... The Board of Governors is seeking applicants for the following vacancies to be filled during its March 15 meeting. Supreme Court's Bar Admission Committee: One lawyer to serve a two-year staggered term commencing July 1. This Supreme Court...

15th JNC accepting applications.
January 1, 2002... The 15th Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the Palm Beach County bench created by the elevation of Judge Kenneth D. Stern to the circuit court. In addition, it is possible that Gov....

13th Circuit JNC seeks applicants.
January 1, 2002... The 13th Circuit Judicial Nominating Commission is now accepting applications for a circuit judge position. Applicants must be residents of Hillsborough County, registered voters, and a member of The Florida Bar for the past five years. ...

11th Circuit JNC seeks applicants.
January 1, 2002... The 11th Circuit Judicial Nominating Commission is now accepting applications to fill one Dade County and one circuit court vacancy. Applications may be obtained from Avenue, Coral Gables 33134, telephone (305)441-2299, or from The Florida...

Federal JNC to fill Miami judgeship.
January 1, 2002... The Florida Federal Judicial Nominating Commission is now accepting applications to fill the position of United States District Court judge for the Southern District of Florida (Miami Division). Applications are available from Roberto...

Committee preference forms sent to out-of-state members.
January 1, 2002... Due to an error at the printers, The Florida Bar's committee preference form was not inserted in editions of the December 15 Bar News sent to out-of-state members. That form is in this issue. Alternatively, the forms are available for...

Fifth Circuit JNC seeks applicants.
January 1, 2002... The Fifth Circuit Judicial Nominating Commission is seeking applicants to fill a county judge vacancy in Marion County. Applicants must be registered voters, members of The Florida Bar for the preceding five years, and live in the...

Fourth Circuit JNC seeks applicants.
January 1, 2002... The Fourth Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the Duval County bench created by the elevation of Judge Linda McCallum to the circuit beach. The term of this appointment to the office of...

Court studies records policies.
January 1, 2002... How public should public court records be? What is the definition of "court records"? Is it the Supreme Court's responsibility to form statewide policies on access to court records? Two court groups - the Supreme Court Workgroup on Public...

Foundation seeks directors.
January 1, 2002... Eight positions on The Florida Bar Foundation's board of directors will be filled this year under the Florida Supreme Court approved governance plan which provides for 18 of the 29-member Bar Foundation board to be selected equally by the...

Governors make appointments.
January 1, 2002... The Bar Board of Governors made appointments to two legal aid agencies and to two other law-related groups at its November meeting. The board named F. Shields McManus of Stuart to a three-year term on the Florida Rural Legal Services, Inc.,...

Public service grants awarded.
January 1, 2002... The Florida Bar Foundation recently awarded $152,500 to public service programs at seven Florida law schools. IOTA Public Service Fellows programs range from traditional civil legal clinics to developing public policy proposals focusing on...

O'Malley to lead the Foundation.
January 1, 2002... Tampa's Andrew M. O'Malley has been elected president-elect designate of The Florida Bar Foundation by its board of directors. Meeting December 7, the Foundation board also elected William H. Davis of Tallahassee secretary/treasurer. ...

Board considers shrinking UPL panel.
January 1, 2002... A proposal to reduce the size of the Bar's Standing Committee on the Unlicensed Practice of Law and change its composition is set for final approval by the Board of Governors next month. Rules Committee Chair Ian Comisky presented the...

Foundation awards $10 million in legal aid grants.
January 1, 2002... The Florida Bar Foundation awarded close to $10 million in IOTA grants December 7 to Florida legal aid providers and devoted another $1 million to "special purpose" programs to help meet the legal needs of the poor. William H. Davis, chair...

Foundation seeks Medal of Honor nominees.
January 1, 2002... The Florida Bar Foundation is seeking nominations for its 2002 Medal of Honor Awards. The Foundation has two categories for the medal of honor award. A nominee for the first category must be a member of The Florida Bar who has demonstrated...

Bar backs Civil Legal Assistance Act.
January 1, 2002... The Florida Bar-backed Civil Legal Assistance Act is making progress in the legislature, while on another issue -- tax reform that could lead to a sales tax on legal services -- the Bar for the moment is taking no position. Bar President...

MJP panel sets public hearing.
January 1, 2002... The Bar's Multijurisdictional Practice Commission is reminding Bar members that their input on multi-state practice issues is being sought at a public hearing January 10 at the Midyear Meeting in Miami. The commission is charged with...

Attorney's Title creates generic ads.
January 1, 2002... Attorneys' Title Insurance Fund can create generic ads that comply with Florida Bar advertising rules and then allow member attorneys to use them after filling in their names, addresses, and phone numbers without having each ad reviewed by the...

McKay calls for an overhaul of Florida's tax system.
January 1, 2002... Flanked by Senate leaders and an economist, Florida Senate President John McKay on December 17 called for a constitutional amendment that could lead to the repeal of many sales tax exemptions, including those on legal services. Bar...

Orlando lawyers scale mountain.
January 1, 2002... It took eight yaks, 10 porters, six Sherpas, and three cooks to help Orlando lawyers John E. Fisher and Richard G. Wack get to the top of Kala Pattar, an 18,300-foot mountain in eastern Nepal. Once there, Fisher whipped out the FLABOTA...

Pellingra applies for Bar readmission.
January 1, 2002... Steven Anthony Pellingra of Tampa has submitted an application for readmission to The Florida Bar. Pellingra resigned from the practice of law in Florida pursuant to a July 27, 1996 order of the Supreme Court under allegations he altered a...

Seven stump for three YLD seats.
January 1, 2002... Seven lawyers will be running for three seats on the Young Lawyers Division Board of Governors, while 16 others have been elected without opposition following the close of filing on December 3. Ballots will be mailed in the contested races...

Four board races to be decided in March.
January 1, 2002... Nine Florida Bar members will contest for four Board of Governors seats in March's board elections, while 21 -- 16 of them incumbents -- have been elected to the board without opposition. Filing for the 2002 board elections ended at 5 p.m....

Justice Leander J. Shaw, Jr. (Meet the Court).
January 1, 2002... [Editor's Note: This is the second 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...

Speakers Bureau prepares aids, plans training session.
January 1, 2002... Videotaped vignettes showing the importance of basic legal rights and an independent and fair judiciary are being prepared as aids to The Florida Bar's Speakers Bureau Program. Communications Committee Chair Jesse Diner told the Board of...

Lubitz named state courts administrator.
January 1, 2002... A veteran administrator with experience in state and federal courts has been named the new state courts administrator by the Florida Supreme Court. Robin L. Lubitz, second in command of the North Carolina Administrative Offices the Courts,...

Bar receives clean financial statement.
January 1, 2002... The Florida Bar has received a clean financial bill of health in the audit for its 2000-01 fiscal year. Public Board of Governors member Royce Walden told the board at its November 30 meeting that auditors - the Tallahassee accounting firm...

Bar board endorses biennial rules amendments: In the areas of evidence, workers' comp. and criminal procedures.
January 1, 2002... A substantive change to Florida's evidence codes allowing admission of prior convictions in only one category of cases should not be included in procedural rules, a rules committee has recommended. The Code and Rules of Evidence Committee,...

Diversity seminar set for January.
January 1, 2002... The Florida Bar Continuing Legal Education Committee and the Equal Opportunities Section of The Florida Bar will co-sponsor a seminar called "Achieving Diversity Within the Law: The New Affirmative Action." The seminar, slated during the...

Board offers local bars cash to encourage public outreach.
January 1, 2002... A $25,000 program to encourage local bar associations to conduct outreach programs for the public has been approved by the Bar Board of Governors. The board in November approved the program, which was proposed by the Communications...

ABA again rejects Barry University's bid for accreditation. (Dean Talcott offers to Resign).
January 1, 2002... Barry University School of Law Dean Stanley Talcott was willing to resign if it would help students keep the faith during the rocky journey seeking ABA accreditation. But Barry University President Sister Jeanne O'Laughlin refused to...

Health Law Section names Trickel writing contest winners.
January 1, 2002... The Florida Bar's Health Law Section recently announced the law student winners of the William Trickel, Jr., Memorial Writing Awards for 2001. The first prize of $5,000 was awarded to Scott Shanker of Kansas City, Missouri, a student of...

Collaborative law takes a foothold in Florida.
January 1, 2002... Arguing couples spending fortunes in legal fees. Spouses using their children as bargaining tools. Weeks dragging into months as husband and wife fight over assets and belongings gathered during the happy years of their marriage. Ask any...

News and Notes.
January 1, 2002... Robert A. Williams of Fowler White Boggs Banker in Tampa has been selected to participate in Leadership Tampa Bay. Howard D. Rosen of Donlevy-Rosen & Rosen, P.A., in Coral Gables presented "Asset Protection Planning Using Offshore Trusts"...

On the Move.
January 1, 2002... Steven Zuckerman has joined Berger Singerman, with offices at 350 E. Las Olas Blvd., Ste. 1000, Ft. Lauderdale 33301, telephone (954)525-9900. Ricardo Carmona and Donall O'Carroll have become associated with Richman, Greer, Weil,...

Lawyers have an 'obligation to govern wisely and well'. (Viewpoint).
January 1, 2002... Editor's Note: The following is the text of a speech Senior U.S. District Judge William Stafford of the U.S. District Court for the Northern District of Florida gave to the Tallahassee Bar Association on October 2. Yesterday, the U.S....

Red Mass set for Tallahassee. (Viewpoint).
January 1, 2002... A 700-year-old tradition will be observed in Tallahassee January 23, when the Catholic Bishops of Florida will gather with area judges, lawyers arid others to celebrate "The Red Mass of the Holy Spirit." The Red Mass is a long-time annual...

Palm Beach paralegals award scholarships.
January 1, 2002... The Palm Beach County Chapter of the Paralegal Association of Florida recently awarded four $500 scholarships. The winners included Jupiter's Catherine Christman, who was awarded the Karen Starr Marx Memorial Scholarship and attends Cooper...

Broward Legal Aid honors firm.
January 1, 2002... Legal Aid Service of Broward County recently honored Ruden McCloskey Smith Schuster & Russell at National Philanthropy Day as its nominee for Outstanding Corporation. Ruden McCloskey was recognized for its long-time support of Legal Aid's...

Hernandez to lead Cuban American Bar.
January 1, 2002... The members of the Cuban American Bar Association have selected Eugenio Hernandez as their 2002 president. The association also named Victor M. Diaz as its president-elect and named its board of directors, which inlcude Ramon A. Abadin,...

Budding legal careers put on hold: Barry university graduates await their fate.
January 15, 2002... For Arnold Mount, a 50-year-old Navy retiree with seven kids, going to law school at Barry University in Orlando was a personal sacrifice on the way to a rewarding second career practicing elder law. Commuting an average 1,200 miles a week...

Court calls for 49 new judges.
January 15, 2002... Florida's courts need 49 new judges -- two on the district courts of appeal and 47 for the trial courts -- the Florida Supreme Court said in its annual certification opinion. The certification comes on the heels of 43 requested new judges...

FLREA wins bid to host national mock trial finals.
January 15, 2002... The best and brightest high school "lawyers" in America will gather in Florida in two years to compete in the National High School Mock Trial Championship. The Florida Law Related Education Association was recently awarded the opportunity...

Lawyers, bar staff rally to spread holiday cheer: Protecting rights, pursuing justice, promoting professionalism. (Florida Lawyers).
January 15, 2002... The children of the poor dirt-floor, thatched-roof-hut Mayan villages in Mexico know the old VW van and the friendly "gringo" who drives the long trek each month from the Pensacola area to the Yucatan Peninsula, and passes out everything from...

Board to debate advance funding issues in February.
January 15, 2002... The sticky issue of how to advise Florida Bar members whose personal injury clients might want or need "advance funding" financing is expected to be resolved at the Board of Governors February 1 meeting in Tampa. The Board Review Committee...

Letters.
January 15, 2002... Jurors' Questions I agree with Judge Robert Shevin that we should allow jurors to ask questions, but only for the reason that it will destroy the jury system. Jurors will ask embarrassing questions and we lawyers will no longer be able to...

Sixth Circuit JNC seeks applicants.
January 15, 2002... Applications for a Pinellas County judgeship, to replace Judge J. Thomas McGrady who has been elevated to the circuit bench, are being accepted by the Sixth Circuit Judicial Nominating Commission. Applicants must be: registered voters and...

Comptroller sets interest rates for judgments, decrees.
January 15, 2002... The Office of the Comptroller has set the rate of interest payable on judgments and decrees for 2002 at 9 percent per annum or .0002466 percent per day. Florida Statute [section]55.03(1) requires the Comptroller to set the rate of interest...

Mittelberg petitions for bar reinstatement.
January 15, 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...

Foundation seeks directors.
January 15, 2002... Eight positions on The Florida Bar Foundation's board of directors will be filled this year under the Florida Supreme Court approved governance plan which provides for 18 of the 29-member Bar Foundation board to be selected equally by the...

Medal of honor nominees sought by the foundation.
January 15, 2002... The Florida Bar Foundation is seeking nominations for its 2002 Medal of Honor Awards. The Foundation has two categories for the medal of honor award. A nominee for the first category must be a member be a member of The Florida Bar who has...

Panel to study contact issues.
January 15, 2002... Acting on the recommendation of the Disciplinary Procedure Committee, Bar President Terry Russell is appointing a special committee to study when and if prosecutors can contact defendants already represented by counsel. DPC Chair Bob Brush...

Judicial Ethics Advisory Committee tackles disclosure issues.
January 15, 2002... Disclosure is appropriate when a party is represented by a law firm that previously represented the firm of a judge's spouse in a legal malpractice action, according to the Judicial Ethics Advisory Committee. But disqualification in such an...

Court amends family law forms.
January 15, 2002... The Florida Supreme Court has amended the Florida Family Law Rules of Procedure and Family Law Forms to delete from some of the forms requests for Social Security numbers where the Social Security numbers are not necessary. Acting December...

Board considers revised method of reviewing ads.
January 15, 2002... A revised method for handling advertising appeals at the Bar Board of Governors and a clarified policy that the board can request an opinion from the Professional Ethics Committee have tentatively been approved by the board. The board...

Whalen receives OOSPD patriot award for service.
January 15, 2002... Out-of-state Practitioners Division Chair Bard Brockman presented Dennis Whalen, an out-of-state representative on the Bar Board of Governors, with the division's Patriot Award at the board's November 30 meeting in Atlanta. Whalen was...

Disciplinary Actions.
January 15, 2002... The Florida Supreme Court in recent court orders suspended 12 attorneys, reprimanded eight others, disbarred three, accepted the resignation of two, and enjoined one from the practice of law. The following lawyers are disciplined: Steven...

Beginning a new year with lawyers you want. (Stresslines).
January 15, 2002... More new jobs begin in January than any other month. This means that your firm is likely to receive several resignations in January and throughout the first quarter of the new year. If you handle the resignations you receive this year...

ABA law office management conference set for April 12-13.
January 15, 2002... The ABA Government and Public Sector Lawyers Division's Public Law Office Management Conference is set for April 12-13 at the Sheraton Gunter Hotel in San Antonio. Public lawyers from across the nation will meet and share ideas for...

What they didn't teach me about first-year practice. (In Practice).
January 15, 2002... You did it! Sheepskin in hand, you know that there's no contract unless there's a meeting of the minds. The time to appeal a motion for summary judgment is at your fingertips. And you know where in the courthouse you go to file a complaint. ...

Equitrac Corporation. (New Products).
January 15, 2002... Equitrac Corporation, a provider of document accounting and cost recovery solutions, has announced the introduction of PrintLog Professional 4.0. PrintLog Professional is a desktop-based solution designed to track the use of digital printing...

PelicanBytes Software, Inc. (New Products).
January 15, 2002... PelicanBytes Software, Inc., has completed its upgrade of Child Support Calculator - Florida. Now users will only find one new screen where they only have to enter the number of overnight stays with the non-custodial parent. Automatically, the...

Pres-On. (New Products).
January 15, 2002... Pres-On, well known in the graphics arts industry as a manufacturer of self-stick adhesive mounting products for professional photographers and graphic artists, has released a new line of mounting products called "Score & Snap" to allow you to...

Paladigm Systems. (New Products).
January 15, 2002... Paladigm Systems, developer of document and image management systems, has introduced the InQuery for Litigation[TM] document management system, a total solution for document management specifically tailored for the legal profession. InQuery for...

President Bush signs LSC funding legislation: The bill also increases the pay for court-appointed lawyers.
January 15, 2002... President George Bush recently signed fiscal year 2002 appropriations legislation that includes $329.3 million for the Legal Services Corporation and provides enough funding for the Defender Services program to increase the hourly pay for...

Isn't it time your firm develops a strategic plan? (Practice Management).
January 15, 2002... In corporate America, virtually every successful company has a strategic plan guiding its future. Banks won't lend money without one. Shareholders and venture capitalists demand them. It gives an organization a competitive advantage. Ask...

On the Move.
January 15, 2002... Jaime A. Bianchi, formerly of the Bienstock Law Firm, has become of counsel with, and Jeffrey A. Jacobs and Elizabeth Graddy have become associated with, White & Case, LLP, with offices at 200 S. Biscayne Blvd., Ste. 4900, Miami 33131,...

News and Notes.
January 15, 2002... Bruce A. Blitman of Ft. Lauderdale presented "What's a Mediator to Do? Dealing with Ethical Dilemmas and Learning from the Cases" at a recent meeting of the Mediation Committee of the South Palm Beach County Bar Association in Boca Raton. ...

Public Interest Environmental Conference set for Gainesville.
January 15, 2002... The Eighth Annual Public Interest Environmental Conference will be held February 14-16, at the University of Florida Reitz Union in Gainesville. Hosted by the University of Florida Fredric G. Levin College of Law's Environmental and Land...

Seats still available for Jet Break.
January 15, 2002... There are still seats available for the Orange County Bar Association's 25th Annual Jet Break to England for its members, their families, and friends from May 7-19. The cost is $2,960 from Orlando and Miami, per person, based on double...

Support specialists to meet in St. Pete.
January 15, 2002... The Florida Association of Legal Support Specialists, Inc., will hold its third quarterly membership meeting, hosted by the St. Petersburg Association of Legal Support Specialists, at The Don Vicente De Ybor Historic Inn in Tampa January 25-26....

Bar workshop educates legal reporters.
January 15, 2002... The 12th Annual Florida Bar Reporters' Workshop was recently held in Miami. Highlights of the two-day workshop for journalists new to the courts and legal beats included a courthouse tour and a luncheon session titled, "Earnhart and...

Jax Trial Lawyers contribute to victim's fund.
January 15, 2002... The Jacksonville Trial Lawyers Association recently presented a check for $8,500 to the September 11th Victims Fund. Fred T. Stapp, president of the Jacksonville Trial Lawyers Association, presented the check to Charles "Skip" Kramer,...

Way to lead Tallahassee Criminal Defense Lawyers.
January 15, 2002... The Tallahassee Chapter of the Florida Association of Criminal Defense Lawyers has elected its new officers for 2002. Ethan Way will serve as the group's president. Other officers include Richard Greenberg, treasurer, and Kathy Garner,...

Put Something back hosts divorce seminar.
January 15, 2002... Put Something Back and the Dade County Bar Association Family Courts Committee recently presented their Ninth Annual Nuts and Bolts of Divorce seminar. Speakers included Ana Martin-Lavielle, Eduardo Rascc, Laura Davis Smith, Judge Carol...

Pinellas County paralegals to meet in February.
January 15, 2002... The Pinellas County Chapter of the Paralegal Association of Florida will meet February 11 at 6:15 p.m. at the Holiday Inn on Ulmerton Road in Clearwater. Andrew Fussner will speak on the topics of "Bequests, Charities and Trusts."

The Volusia County Bar.
January 15, 2002... THE VOLUSIA COUNTY BAR recently paid tribute to the association's past presidents and to its 50-year Florida Bar members at Traditions Night, an event established by past President Todd Richardson to celebrate the history and the future of...

Panza, Maurer & Maynard.
January 15, 2002... PANZA, MAURER & MAYNARD this year continued its holiday tradition of adopting foster children to receive gifts purchased by firm employees for the holidays. This year PM&M adopted 15 foster children from Children's Family Services, eight...

Legal aid service of Broward County.
January 15, 2002... LEGAL AID SERVICE OF BROWARD COUNTY and the Broward County Bar Association will offer a continuing education program to encourage area attorneys to volunteer their time to Legal Aid's pro bono program, Broward Lawyers Care. The Intermediate...