Florida Bar News articles from March 2002

Florida Bar News archives from March 2002

Panel pushes plan to empower jurors.
March 1, 2002... The Jury Innovation Committee, said Third District Court of Appeal Judge Robert Shevin, was on a mission to join the nation's "jury reform revolution" and "push the envelope" to empower Florida's jurors. "The traditional adversarial...

Measure to make JQC complaints public defeated. (Reconsideration Pending).
March 1, 2002... A bill to make complaints against judges public was defeated in the House Judicial Oversight Committee in February, although the committee agreed to reconsider the bill, and an amendment, at a later meeting. Legislators voting against the...

Regulatory systems by the numbers: How the Florida bar stacks up against other professions.
March 1, 2002... Regulating lawyers "is one of the regrettable functions the Bar performs well," said Florida Bar President Terry Russell. "I think we do a marvelous job, but it makes me sad every time I have to look at the statistics. I like to think, man...

Business law section launches its 'new and improved' website.
March 1, 2002... Want to find breaking business law news, a host of legal links, and 10 message boards for business law attorneys to exchange information? Or a full online law library, business law-oriented classified advertisements, and a master calendar of...

Civil legal justice act attracts many sponsors.
March 1, 2002... The Florida Civil Legal Justice Act, a top priority of The Florida Bar, may be in a strengthened position for getting funding essential to expand legal aid services in Florida. Bar President Terry Russell said leaders in both chambers of...

Letters.
March 1, 2002... MDPs Those of us who two years ago warned our profession against the siren song of multidisciplinary practice coming from the big five accounting firms did not need the Enron/Andersen debacle to make our case. However, it now becomes an...

Errata.
March 1, 2002... A story about multijurisdictional practice in the February 1 News reported the ABA Commission on Multijurisdictional Practice is chaired by Harriet Miers. Miers resigned as chair, and the current chair is Wayne Positan.

Bar elections underway.
March 1, 2002... Bar members in circuits with contested elections for The Florida Bar Board of Governors or the Young Lawyers Division Board of Governors should have received their ballots. Those ballots were scheduled to be mailed around February 26, after...

Board to meet in Tallahassee in March.
March 1, 2002... The 2002-03 Bar budget and a bevy of high profile issues and reports will await the Bar Board of Governors at its March 15 meeting in Tallahassee. The board is set to receive the upcoming year's fiscal figures and to approve them for...

Crime victim bill gets hearing.
March 1, 2002... A bill that would require judges to inform crime victims about their statutory and constitutional rights passed the House Judicial Oversight Committee in February by unanimous vote. HB 1209, sponsored by Reps. Andy Gardiner, R-Orlando, and...

Lynne applies for bar readmission.
March 1, 2002... Robert Lynne of Cooper City has submitted an application for readmission with the Florida Board of Bar Examiners. Lynne resigned from the practice of law in Florida pursuant to an October 15, 1992, Supreme Court order. He resigned under...

Sections take variety of legislative positions.
March 1, 2002... From baseball to the Uniform Commercial Code, four Florida Bar sections had a variety of legislative positions reviewed and authorized at the recent Board of Governors meeting. Sections -- using their own voluntary funds and properly...

Senate panel gasses UCC bill.
March 1, 2002... The Senate Judiciary recently moved a bill designed to fix technical errors in legislation passed a year ago revising Art. 9 of the Uniform Commercial Code, governing the process of establishing and foreclosing liens against personal property....

Bill would help pay off state attorney', PDs' student loans.
March 1, 2002... More law school graduates may take jobs in public service, thanks to a bill passed by the House Judicial Oversight Committee in mid-February. HB 307 by Reps. Jerry Paul, R-Port Charlotte, and Jack Seiler, D-Ft. Lauderdale, would require...

Board honors Jax's Schmidt.
March 1, 2002... Jacksonville attorney Terrence E. Schmidt has received a commendation from the Bar Board of Governors for his work assisting the Bar in the disciplinary prosecution of F. Lee Bailey. Schmidt acted as special counsel assisting Bar staff in...

Board endorses three sets of procedural rules amendments.
March 1, 2002... Three sets of procedural rule changes were reviewed and endorsed by the Board of Governors at its February 1 meeting. Deborah Schroth presented the Juvenile Court Rules Committee's comments on proposed Supreme Court rules governing...

Lawyer gets 10 years for misusing client funds.
March 1, 2002... Telling the other lawyers in the courtroom to listen up, 15th Circuit Judge Marvin Mounts, Jr., recently sentenced former West Palm Beach lawyer C.E. Chillingworth to 10 years in prison for misusing client funds. "Simply stated, misuse of...

Appellate pro bono award created.
March 1, 2002... The Appellate Practice Section is now accepting applications for its First Annual Appellate Practice Section Pro Bono Award. The award to be given to a member of the section who has devoted significant pro bono efforts in appellate matters,...

JMC studies public records.
March 1, 2002... Public court files frequently contain highly charged and personal information and allegations that, while public record, are actually rarely accessed because of the time and labor needed to view the records at the courthouse. But,...

Board to review election process.
March 1, 2002... A special committee may soon be appointed to examine the way The Florida Bar picks its presidents. Bar President Terry Russell said he and President-elect Tod Aronovitz have discussed that matter, and he will defer to Aronovitz, who has...

Board to reconsider JNC policy.
March 1, 2002... The Bar Board of Governors is set to reconsider a policy that prevents partners and associates from applying to serve on judicial nominating commissions. Board member Kelly Overstreet Johnson made a motion at the board's Tampa meeting to...

What does 'competent representation' really mean? (Practice Management).
March 1, 2002... ********** Few attorneys would argue with the statement - Law schools do not graduate competent practicing lawyers. Instead, law schools graduate persons with "technical competency," i.e., graduates who have mastered substantive legal...

Legislators debate the fate of the guardians ad litem.
March 1, 2002... Where, oh where, is the Guardian Ad Litem program going to end up? The dedicated folks who provide representation for children in court, using a network of volunteers, feel tossed around the legislature like a hot potato. Create a new...

Insurance practices panel about to wrap up its study.
March 1, 2002... Insurance companies, in essence, operate in-house law firms. How staff lawyers should conduct themselves when representing policyholders is the subject of a soon-to-be completed report by a special Bar commission. Orlando attorney Mike...

Court takes up capital case fee issues.
March 1, 2002... Judges can increase the compensation for private "registry" attorneys who handle collateral death penalty appeals, despite a state law setting maximum compensation, the Florida Supreme Court has ruled. In a 4-3 decision released February...

DPC presents ad review, discipline recommendations.
March 1, 2002... Florida lawyers who want to advertise soon may have a choice of ways to submit ads that must be reviewed by the Bar, under a plan proposed by the Disciplinary Procedure Committee. But the Bar Board of Governors balked at another committee...

MJP panel leans toward 'safe harbors'.
March 1, 2002... A Florida Bar commission studying multijurisdictional practices is leaning toward recommending a "safe harbor" approach to guide lawyers who cross state boundaries in the course of representing their clients. Commission Chair Richard...

Elder group praises Dade judges.
March 1, 2002... The Alliance for Aging, the state designated Area Agency on Aging for Miami-Dade and Monroe counties, recently honored a number of Dade County judges at its 12th annual installation and award luncheon. Judges Maria Korvick, Bruce Levy,...

Paralegal certification exam set.
March 1, 2002... The Paralegal Association of Florida, Inc., will administer its Certified Florida Legal Assistant exam on April 26 in Sarasota, one day prior to the association's Spring Seminar at the same location. The cost of the exam is $100 for...

Justice Harry Lee Anstead. (Meet the Court).
March 1, 2002... [Editor's Note: This is the fourth 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...

Court admonishes Judge Baker.
March 1, 2002... The Supreme Court has approved a recommendation from the Judicial Qualifications Commission and admonished Ninth Circuit Court Judge Joseph P. Baker for engaging in ex parte communications. The court, which issued the reprimand on February...

11th Circuit mental health project honored.
March 1, 2002... The Council of State Governments recently awarded the 11th Judicial Circuit's Criminal Mental Health Project with the 2001 Innovations Award, which recognizes "the best in the country," for creating a model program which can be used throughout...

On the move.
March 1, 2002... Behar, Gutt & Glazer, P.A., announces the relocation of its Miami-Dade County office to 2999 NE 191st St., Fifth Fl., Aventura 33180, telephone (305)931-3771. The firm concentrates in the areas of bankruptcy and commercial litigation. The...

News and notes.
March 1, 2002... William Pearson of Ferrell, Schultz, Carter, Zumpano & Fertel in Miami recently instructed FBI agents at the FBI academy in Quantico, Virginia, about the investigation and prosecution of public corruption cases. George E. Hovis of Gray,...

Dade County bar effort works to educate voters.
March 1, 2002... The Dade County Bar Association recently initiated Project Good VOTER (Voter Outreach and Training in Electronic Responsibility) as a community-wide education program to inform voters about the community's new electronic voting machines. ...

Sarasota FAWL dedicates new children's room.
March 1, 2002... The Child-Friendly Room at Sarasota's Judicial Center will be inagurated March 28 with a ribbon-cutting ceremony at 5:30 p.m. A dinner reception will follow at Marina Jack's on Bayfront Blvd. in Sarasota. FAWL-Sarasota obtained major...

Pinellas paralegals to meet March 11.
March 1, 2002... The Pinellas County Chapter of the Paralegal Association of Florida will meet March 11 beginning at 6:15 p.m. at the Holiday Inn on Ulmerton Road in Clearwater. Ramon Carrion will discuss immigration and nationality law. For more...

Jacksonville bar assists seniors.
March 1, 2002... Nearly 500 senior citizens received unexpected gifts this past holiday season as a result of the Jacksonville Bar Association's 20th annual Holiday Project that casts lawyers, law firms, and law enforcement in the role of Santa. Together...

B'nai B'rith justice unit names leader.
March 1, 2002... Florida Attorney General Bob Butterworth will be the keynote speaker at the 22nd Annual Installation of Officers for B'nai B'rith Justice Unit #5207 March 3 beginning at 10:30 a.m. at the Renaissance Hotel in Ft. Lauderdale. The master of...

`Finally, justice has arrived': 113 years later, Governor reinstates Florida's first black judge. (Florida Lawyers).
March 15, 2002... Key West lawyer Calvin Allen believes it is never too late to right a wrong. He learned a little-known fact from his favorite law professor at Howard University: James Dean was the first black judge elected in the South after...

Legislature eyeing court's request for more judges.
March 15, 2002... Florida's budget crunch will be hitting the courts hard, as it appears likely only a small percentage of new judges sought by the Supreme Court will be approved by legislators. But plans to offer student loan repayment incentives to prosecutors...

Technology is reshaping the practice of law.
March 15, 2002... Many seasoned lawyers remember hand-writing lengthy briefs on carbon-copy paper. Far more remember when secretaries clicked at lightning speed on rickety manual typewriters to get stacks of documents to the court on time. For these...

JQC disclosure bill finds new life.
March 15, 2002... After voting down a bill to make all complaints against judges public, the House Judicial Oversight Committee returned less than a week later and unanimously passed the bill -- with an amendment specifying that Judicial Qualification Commission...

Panel suggests system for using senior judges.
March 15, 2002... Senior judges deserve a pay raise, should be subject to a process to determine eligibility, and have their performance on the bench periodically reviewed, according to the Supreme Court's Committee on the Appointment and Assignment of Senior...

Letters.
March 15, 2002... Bill of Rights It has become fashionable to display the Ten Commandments in public areas and courts, although the Ten Commandments are not legally binding on any citizens of the United States of America. On the other hand, the first 10...

There is still time to vote in Bar races.
March 15, 2002... Bar members in circuits with contested elections for The Florida Bar Board of Governors or the Young Lawyers Division Board of Governors still have time to vote. For the second year, Bar members will be able to cast their votes either with...

14th JNC to fill judicial vacancy.
March 15, 2002... The 14th Judicial Nominating Commission is now accepting applications to fill "a vacancy in the office of circuit judge in and for Bay County." Applications are available from Jay W. Manuel, JNC chair, P.O. Box 1470, Panama City 32402(314...

Middle District rule changes proposed.
March 15, 2002... The U. S. District Court for the Middle District of Florida has proposed amendments to its local rules. A copy of the proposed amendments may be obtained from the court's Internet site at www.flmd.uscourts.gov. A copy may also be obtained...

Oral arguments set.
March 15, 2002... The Supreme Court has set oral argument for Amendments to Florida Rules of Appellate Procedure, SC01-270; Amendments to the Florida Evidence Code, SC02-240; and Amendments to the Florida Rules of Traffic Court, SC02-239, for May 9, beginning at...

Civil Legal Justice Act keeps rolling through the legislature.
March 15, 2002... Clearing another hurdle, the Florida Civil Legal Justice Act -- a top priority of The Florida Bar -- was unanimously approved by both the House Council for Smarter Government and Health & Human Services Appropriations in late February. ...

Board to make appointments. (Notice).
March 15, 2002... The Board of Governors is seeking applicants for the following vacancies to be filled during its May 24 meeting: ABA House of Delegates: Three lawyers to serve two-year terms (including one under-35 delegate) commencing August 14, at the...

Board seeks JNC applicants. (Notice).
March 15, 2002... The Board of Governors is seeking applicants for the following vacancies for nominations to be submitted to Gov. Jeb Bush on or before June 3: Judicial Nominating Commissions: Two lawyer vacancies for each of the 26 JNCs. The Florida Bar...

House bill would limit workers' comp fees.
March 15, 2002... A bill that limits attorneys' fees for lawyers representing injured workers with lesser injuries and caps permanent total disability payments for older workers has cleared a House committee and a council. HB 1947, which started as a...

Supreme Court dropped from term limit measure.
March 15, 2002... Bills to extend term limits for Florida legislators and Cabinet members have cleared a Senate committee, but a provision to apply those limits for the first time to the Supreme Court has been dropped. The Senate Ethics and Elections...

Board streamlines ad appeals.
March 15, 2002... The Bar Board of Governors has ratified a streamlined process for handling advertising appeals and reiterated that it wants the authority -- expected to be rarely used -- to directly issue ethics advisory opinions. The Board Review...

Southern Legal Counsel celebrates 25 years of service.
March 15, 2002... It was born of a dispute between President Nixon and Congress over the expenditures of federal monies. Its environmental work helped spawn 1,000 Friends of Florida. Carol Browner, former director of the Florida Department of Environmental...

Scoring life's three-pointers. (Stresslines).
March 15, 2002... Have you ever climbed a tree on a clear day and felt like you could see forever? Probably not. Such an experience is a metaphor for something special in human experience: the upper ranges, the elevated levels of functioning that offer a grand...

Senate Judiciary moves series of legal measures.
March 15, 2002... Senate Judiciary Committee on February 19 took up a number of measures, including bills that are of interest to the legal profession. Among the bills approved were: * SB 1166, the Florida Uniform Principal and Income Act, which is...

Health Section to fill council vacancy.
March 15, 2002... The Florida Bar's Health Law Section is now accepting applications to fill a vacancy on its executive council. The vacancy was created due to the resignation of Gerald M. Cohen and the term on the council will expire in June. Those...

Firm sponsors free ride home program.
March 15, 2002... For the fifth year in a row, attorneys at The Cobb Law Firm in Northwest Florida have rounded up volunteers, solicited donations, and coordinated the annual New Year's Eve Free Ride Home Campaign. The program's volunteers were split up into...

Palm Beach goes wireless.
March 15, 2002... Imagine this. You're in court when the opposing counsel mentions a new ruling affecting your case. You open your laptop, turn it on, call up the Internet, and in a few seconds download the opinion. Or in the course of a hearing, the...

Lawyers can be ordered to pay the other side's fees: If they bring frivolous or unnecessary litigation.
March 15, 2002... Florida judges have the inherent authority to sanction attorneys for bad conduct by ordering them to pay the opposing parties attorneys' fees and costs, but judges must also make specific findings about those abuses and give the attorneys a...

Attorney suspended for having sex with a client: Court warns it will 'strictly enforce' Rule 4-8.4(i).
March 15, 2002... Lawyers who exploit the attorney-client relationship for sexual purposes -- even at the client's suggestion -- can expect severe punishment from the Florida Supreme Court. The court sent that message in a February 21 opinion overturning...

Panel takes up issues of judicial ethics.
March 15, 2002... The spouse of the administrative judge of a Family Law Division may not serve as a case manager in that division, according to the Judicial Ethics Advisory Committee. The advisory panel also recently held pro bono part-time family law...

When should you bill? (Practice Management).
March 15, 2002... Most law firms have figured out how best to bill. They use advanced, high-tech software to improve the look of bills and to ease in their production. They have properly trained their associates and partners in accurately including the kind of...

Section's new probate and guardianship forms available.
March 15, 2002... The Real Property, Probate and Trust Law Section has announced that the new probate and guardianship forms from Florida Lawyers Support Services, Inc., are now available. "The major overhaul of the Probate Code and the additional revisions...

Bar's Media-Law Conference set for May 3-5 in Orlando.
March 15, 2002... Expecting to attract more than 200 journalists, freedom of information advocates, and lawyers, the 28th Annual Florida Bar Media-Law Conference will focus on the impact that the events of September 11 and its aftermath have had on the ability...

Brevard attorneys invited to join Lawyer Referral Service.
March 15, 2002... The Bar's Lawyer Referral Service has added Brevard County to its coverage area, and is now recruiting lawyers from Brevard County to join the service. The Bar's LRS began making referrals in Brevard County February 5. The service refers...

Putting document assembly software to work for your firm. (Practice Tips).
March 15, 2002... Document assembly software looms big in the future of Florida family law practice. I have been using document assembly programs in my practice for about four years and it has revolutionized the way I practice. My paralegal, Terri duRhone,...

Study shows firms find it difficult to retain women.
March 15, 2002... Just as the number of women entering law school is expected to outpace men for the first time this year, a new study explores the reasons why legal employers are not retaining women in equal numbers with men, much less advancing them to...

Discounts on magazines available to Florida Bar Members.
March 15, 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...

Court extends standards for capital case lawyers.
March 15, 2002... The Florida Supreme Court has extended the minimum standards for court-appointed lawyers handling capital cases to all attorneys, including public defenders and privately retained counsel. Beginning July 1, lawyers taking the lead in...

Estate planning newsletter available. (Free to Florida Lawyers).
March 15, 2002... A free publication on estate planning is available to Florida lawyers from the American Institute for Cancer Research. The quarterly newsletter, The Estate Planner, is designed for probate and trust attorneys, bank trust officers, and...

FIU names founding faculty.
March 15, 2002... In preparation to open the doors to students this fall, the dean of the Florida International University College of Law has announced the appointments of the college's founding faculty. "We've recruited an impressive group of proven law...

Greg Snell. (News and Notes).
March 15, 2002... Greg Snell of Rice, Rose & Snell in Daytona Beach has been appointed by the mayor of Ormond Beach to serve on the Ormond Beach Development Review Board.

Allen R. Grossman. (News and Notes).
March 15, 2002... Allen R. Grossman of Gray, Harris & Robinson, P.A., in Tallahassee has been elected president of Congregation Shomrei Torah for a two-year term.

Lance Block. (News and Notes).
March 15, 2002... Lance Block of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., in West Palm Beach was recently introduced as a new member of the Florida State University College of Law's Board of Visitors at the annual board dinner in Tallahassee.

Howard Allen Cohen. (News and Notes).
March 15, 2002... Howard Allen Cohen of Atkinson, Diner, Stone, Mankuta & Ploucha, P.A., in Hollywood has been appointed vice chair of the government affairs committee of the South Florida Chapter of Building Owners' and Managers' Association.

Richard Paladino. (News and Notes).
March 15, 2002... Richard Paladino of Rogers, Bowers, Dempsey & Paladino, P.A., in West Palm Beach appeared on a live webcast with Mark Matthews, chief of the Criminal Investigation Division of the Internal Revenue Service, for the "Criminal Investigation: The...

Glenn Terry. (News and Notes).
March 15, 2002... Glenn Terry of Coconut Grove was recently appointed chair of a new South Florida event, "Miami WaterFest." He has also served as executive director of Miami's annual King Mango street parade since 1982.

Robert Doyle. (News and Notes).
March 15, 2002... Robert Doyle of Quarles & Brady, LLP, in Naples has been honored by the American Bar Association's Construction Industry Forum for 20 years of membership in the forum and his commitment to excellence in construction law. He was honored in the...

Dale A. Burket. (News and Notes).
March 15, 2002... Dale A. Burket of Lowndes, Drosclick, Doster, Kantor & Reed, P.A., in Orlando has been elected to the board of directors of the Florida Young Artists Orchestra.

Lloyd Monroe. (News and Notes).
March 15, 2002... Lloyd Monroe of Cooper, Coppins & Monroe, P.A., in Tallahassee was awarded the American Board of Trial Advocates annual Civility Award at the Tallahassee chapter's holiday gathering. The award recognizes a lawyer who exemplifies ABOTA's...

Charles J. Morachnick. (News and Notes).
March 15, 2002... Charles J. Morachnick of Seminole was recently chosen as the Greater Seminole Area Chamber of Commerce's Boss of the Year for his compassion and care for his employees, and his contributions to the community. He was nominated for the award by...