Florida Bar News articles from October 2007

Florida Bar News archives from October 2007

Proposed opinion OKs outsourcing work to foreign lands: Professional Ethics Committee seeks members' comments before taking its next step.
October 1, 2007... It is ethically permissible for lawyers to outsource paralegal services to personnel in another country, but steps should be taken to ensure that clients are protected and unlicensed practice of law does not occur, according to the Professional...

Federal judge finds Canon 3 constitutional: Florida Family Policy Council suit challenged the recusal provision of the judicial code.
October 1, 2007... Saying a cornerstone of due process is a judge with a mind sufficiently open to base his or her decision on the evidence and governing law, U.S. District Chief Judge Robert Hinkle has ruled the disqualification sections of Canon 3 of the Code...

Making the case for new lawyer mentoring: task force knows it must prove the need for any requirement.
October 1, 2007... Be careful using the "m-word"--mandatory--when talking to lawyers. [ILLUSTRATION OMITTED] That cautionary thread ran through the first meeting of the Joint Committee on Mentoring at The Florida Bar's General Meeting in Tampa on...

JAEC wants to provide voters with information: plans in the works to develop informational questionnaire.(Judicial Administration and Evaluation Committee)
October 1, 2007... Emphasizing that it's a way to provide more information to voters, the Judicial Administration and Evaluation Committee is continuing work on a questionnaire for candidates in contested Florida trial court races. The panel, meeting...

Rules panel cautiously examines persons with disabilities rule changes.
October 1, 2007... When Scott Harrison was 5 years old, a bad case of mumps robbed him of his ability to hear. Now a deaf lawyer for 11 years, he claims the state court's interpretation of the Americans with Disabilities Act is robbing him of his ability to...

Bar's Elder Law Section serves an often vulnerable clientele.
October 1, 2007... While Florida has a reputation as a great place for people to live out their golden years in the sun, many seniors face hardships at this stage in their lives. The elderly are often targets for many forms of exploitation, and more sinister...

Starting out in a hole.
October 1, 2007... Average Amount Borrowed for Law School Academic Year Public Private 2005-2006 $54,509 $83,181 2004-2005 $51,056 $78,763 2003-2004 $48,910 ...

Ad committee takes up call-in programs and chat rooms: should they be considered forms of lawyer advertising? Panel seeks more input from members.
October 1, 2007... If a lawyer helps underwrite the costs of a television legal call-in program where a producer screens callers and passes questions to that lawyer, is that advertising? What if a lawyer is in an Internet chat room and someone asks a legal...

Barry U.'s enrollment increases 66 percent.
October 1, 2007... Starting the new academic year with the largest incoming class in the school's history, Barry University's School of Law reports that enrollment for first-year students has increased 66 percent for the school year that began August 20. ...

Brownfields workshop set for November 6.
October 1, 2007... Do you or your clients have brownfields, abandoned gas stations, or other contaminated sites in neighborhoods? Do you or your clients want to see those sites cleaned up and redeveloped to serve a community purpose? Learn how to work with...

Bar members continue using Fastcase: The Florida Bar's free legal research provider.
October 1, 2007... The number of Florida lawyers logging on to the Bar's free legal research provider, Fastcase, continues to grow. According to the latest figures released September, 14,054 Bar members have used the service since it came online in 2005. ...

Clearwater Bar young lawyers.
October 1, 2007... [ILLUSTRATION OMITTED] Caption: CLEARWATER BAR YOUNG LAWYERS are surrounded by enough backpacks filled with school supplies to present to 180 children at their annual Legal Eagles Homework Help Kick Off at the North Greenwood Library in...

Gordon & Doner buy supplies.(Legal Roundup)
October 1, 2007... Gordon & Doner Buy Supplies: The girls from the Nelle Smith Residence for Girls in Palm Beach Gardens, a program of Children's Home Society of Florida, recently received school supplies thanks to Gordon & Doner. Nelle Smith House provides...

Doctors support GAL efforts.(Legal Roundup)
October 1, 2007... Doctors Support GAL Efforts: Attorney General Bill McCollum will serve as honorary chair of the inaugural fundraiser for The Kamla Project, a charitable organization benefiting Guardian ad Litem in Hillsborough County. The Kamla Project raises...

Wites & Kapetan funds scholarships.(Legal Roundup)
October 1, 2007... Wites & Kapetan Funds Scholarships: Every penny counts when it comes to saving for tuition, books, and living expenses at America's universities. For six students of Brazilian and Hispanic heritage, college just became a little easier thanks to...

Employment law conference set.(Legal Roundup)(Conference news)
October 1, 2007... Employment Law Conference Set: The Florida Commission on Human Relations will be hosting its Second Annual Florida Employment Law Conference in Orlando December 17-19 at the Hyatt Regency Grand Cypress. The program will explore such topics as...

Palm Beach paralegals to meet.(Legal Roundup)
October 1, 2007... Palm Beach Paralegals to Meet: The Palm Beach County Chapter of the Paralegal Association of Florida will meet October 10 at the Crowne Plaza Hotel on Belvedere Road in West Palm Beach. Dr. Stanley Kim will discuss intellectual property and...

U.S. Rep Debbie Wasserman Schultz.
October 1, 2007... [ILLUSTRATION OMITTED] Caption: U.S. REP DEBBIE WASSERMAN SCHULTZ, D-Fl, swore in the 2007-2008 board of offi cers and directors of the Broward County Women Lawyers' Association at the Tower Club, giving a speech about women and the law....

Pernell to run FAMU law.
October 1, 2007... Florida A&M University's struggling law school was boosted with the hiring of an optimistic new dean a month before the ABA's next site visit. Meeting in Orlando September 13, the university's trustees hired LeRoy Pernell, law dean at...

FSU leads the way on bar exam.(Florida State University)
October 1, 2007... Graduates from Florida State University had the highest passage rate for those taking the July Florida bar exam. The Florida Board of Bar Examiners released the results from the July bar exam September 17. "We are all thrilled with the...

TWL to host October judicial reception.
October 1, 2007... Tallahassee Women Lawyers is hosting its 25th Annual Judicial Reception to honor local judges for their dedication and civic duty. The reception will be held at the Challenger Learning Center, at Kleman Plaza in downtown Tallahassee October...

Appellate Court Rules amendments.(Notice)
October 1, 2007... The Appellate Court Rules Committee invites comment on the revision of a proposed three-year cycle amendment to the Florida Rules of Appellate Procedure. The full text of the proposal can be found on The Florida Bar's Web site at...

Lawyer-to-lawyer ads.(Letters)(Letter to the editor)
October 1, 2007... Such hypocrisy. More and more I come to the belief that we lawyers constitute the largest body of hypocrites in American society and that we probably have the public image we deserve. We wave the flag of ethics and morality, yet too often...

More on the republic.(Letters)(Letter to the editor)
October 1, 2007... A running debate has broken out in News letters to the editor over the question of whether the United States is a democracy or a republic. The latest writer wonders why anyone would deny that we are a democracy and proposes some popular, today...

Nonrefundable fee disclosure.(Letters)(Letter to the editor)
October 1, 2007... Let me see if I understand the proposed nonrefundable fee disclosure rule (4-1.5(e)): Attorneys who require a retainer or advance fees will have to disclose in writing to what extent the retainer or advance fee is nonrefundable. That's a...

Board to make appointments in December.(Notice)
October 1, 2007... The Board of Governors is seeking applicants for the following vacancies to be filled during its December 14 meeting: Florida Rural Legal Services, Inc., Board of Directors: One attorney to serve a three-year term on its 21-member board of...

U.S. Middle District has two judgeships available.(Notice)
October 1, 2007... The Florida Federal Judicial Nominating Commission is now accepting applications to fill the positions of two U.S. District Court judges for the Middle District of Florida who will be taking senior status in August 2008. Applications are...

11th Circuit JNC now taking judicial applications.(Notice)
October 1, 2007... The 11th Circuit Judicial Nominating Commission is now accepting applications to fill a county court vacancy created by the resignation of Judge Jorge J. Perez, effective November 1. Applicants must have been members of the Bar for the past...

11th Circuit 'legal legends' to be honored in November.(Notice)
October 1, 2007... The 11th Judicial Circuit Historical Society has named the winners of its 2007 Legal Legends Awards, given to those who have made substantial contributions to the legal system in South Florida over the past 25 years or more. This year's...

Bar board to meet October 5: personal representatives, disciplinary rules to be discussed.
October 1, 2007... A dispute between out-of-state Bar members and the Bar's largest section and several rule changes are on the Bar Board of Governor's agenda for its October 5 meeting in Coconut Grove. The board will also review advertising appeals,...

New book, DVD recall the history of the Third DCA.
October 1, 2007... The Third District Court of Appeal is putting the "story" back in "history" with the release of its coffee table book, Florida's Third District Court of Appeal: Balancing Justice 50 Years 1957-2007, and its DVD Justice Served: The First...

The Florida Chapters.
October 1, 2007... [ILLUSTRATION OMITTED] Caption: THE FLORIDA CHAPTERS of the American Board of Trial Advocates selected Howard Coker, right, of Jacksonville as Trial Lawyer of the Year. Coker was recognized for his commitment to ABOTA and his service to...

Confidential judicial evaluation to make online debut: program will allow lawyers to post evaluations of a judge's performance.
October 1, 2007... The confidential judicial evaluation program to let Florida's judges know how they are doing will soon go online. The Judicial Administration and Evaluation Committee reviewed the details for the unveiling this fall of the program, which...

Brevard YLD assists violence victims.
October 1, 2007... The Young Lawyers Division of the Brevard County Bar Association has collected dozens of cell phones, batteries, and chargers so clients and residents of the Serene Harbor Domestic Violence Center can call 911. Proceeds from a raffle for a...

Proposed jury instructions for criminal cases.(Notice)
October 1, 2007... The Florida Supreme Court recently authorized for use, as modified by the court, the following Standard Jury Instructions in Criminal Cases: 3.3(f)--Aggravation of a Felony By Evidencing Prejudice; 11.11--Lewd or Lascivious Offenses Committed...

Proposed ethics opinion on outsourcing: ethics advisory opinion on dealing with ABA Model Rules withdrawn.(Notice)
October 1, 2007... Florida Ethics Opinion 86-8 Withdrawn The Professional Ethics Committee withdrew Florida Ethics Opinion 86-8 at its meeting of September 7. Florida Ethics Opinion 86-8 interpreted Rule 4-2.2, which has been deleted in its entirety by the...

Megan M. Grant, a federal energy and regulatory lawyer, and Kathleen M. Moore, a former financial information executive, have joined Colodny, Fass, Talenfeld, Karlinsky & Abate.(On the Move)
October 1, 2007... Megan M. Grant, a federal energy and regulatory lawyer, and Kathleen M. Moore, a former financial information executive, have joined Colodny, Fass, Talenfeld, Karlinsky & Abate's regulatory, transactional, and compliance division.

Simon & Simon, P.A.(On the Move)
October 1, 2007... Simon & Simon, P.A., has moved to 9500 S. Dadeland Blvd., Ste. 708, Miami 33156. The telephone number, (305) 670-6750, and fax, (305) 670-6776, remain the same.

Terri E. Oster joined Brown, Garganese, Weiss & D'Agresta.(On the Move)
October 1, 2007... Terri E. Oster joined Brown, Garganese, Weiss & D'Agresta, where she will specialize in commercial litigation; antitrust and trade regulation; business law; civil RICO; and city, county, and local government law.

Miller & O'Neill.(On the Move)
October 1, 2007... Amy B. Beller as been promoted to member of Miller & O'Neill in Boca Raton. Beller continues to focus her practice on probate, trust, and fiduciary litigation.

Doug Gerber has joined Alvarez.(On the Move)
October 1, 2007... Doug Gerber has joined Alvarez, Sambol, Winthrop & Madson, P.A.

Jennifer L. Davis has joined Thorne & Storey, P.A., as an associate.(On the Move)
October 1, 2007... Jennifer L. Davis has joined Thorne & Storey, P.A., as an associate and will concentrate on general liability and workers' compensation matters.

Bob Parks has established the Law Offices of Robert L. Parks, located at 2121 Ponce de Leon Blvd., Coral Gables 33134.(On the Move)
October 1, 2007... Bob Parks has established the Law Offices of Robert L. Parks, located at 2121 Ponce de Leon Blvd., Coral Gables 33134. The telephone number is (305) 445-4430, the fax is (305) 445-4431, and the Web site is www.robertlparks.com. The firm will...

Luks Santaniello Perez Petrillo & Gold.(On the Move)
October 1, 2007... Luks Santaniello Perez Petrillo & Gold have opened a Tallahassee office located at 2022-2 Raymond Diehl Road, Ste-E. The telephone number is (850) 385-9901 and the fax number is (850) 907-2087. The firm concentrates in corporate and insurance...

Fisher & Phillips.(On the Move)
October 1, 2007... Carly Cappello has become an associate with Fisher & Phillips in Ft. Lauderdale. She will focus her practice on employment law.

Brownstein Hyatt Farber Schreck, P.C.(On the Move)
October 1, 2007... Adam K. Feldman, formerly a partner at Patterson, Anderson & Feldman, P.A., has joined the Denver office of Brownstein Hyatt Farber Schreck, P.C., as of counsel. Feldman practices in the area of real estate law.

Anette Yelin joined Zumpano Patricios & Winker in Coral Gables as an income partner.(On the Move)
October 1, 2007... Anette Yelin joined Zumpano Patricios & Winker in Coral Gables as an income partner. Yelin focuses her practice on corporate transactions, including mergers and acquisitions of companies in the health care industry, as well as advising...

Rosen & Rosen, P.A.(On the Move)
October 1, 2007... Diana I. Castrillon has become a partner with Rosen & Rosen, P.A. Castrillon focuses on personal injury, workers' compensation, and medical malpractice.

Marcella Garcia joined Luks Santaniello Perez Petrillo & Gold as an associate.(On the Move)
October 1, 2007... Marcella Garcia joined Luks Santaniello Perez Petrillo & Gold as an associate in the Tampa office and will be part of the insurance defense litigation group.

David J. Gellen has joined Greenberg Traurig's Boca Raton office as a shareholder.(On the Move)
October 1, 2007... David J. Gellen has joined Greenberg Traurig's Boca Raton office as a shareholder in the corporate and securities; intellectual property; and technology, media, and telecommunications practices.

Andrew Taylor Morgan joined the Law Office of Patrick T. Canan as an associate.(On the Move)
October 1, 2007... Andrew Taylor Morgan joined the Law Office of Patrick T. Canan as an associate in the firm's personal injury, criminal, and family law practice.

Shuffield Lowman.(On the Move)
October 1, 2007... J. Stephen McDonald, a senior litigation attorney with Shuffield Lowman in Orlando, was recently named a firm shareholder.

Mary B. Clark joined Schwarzberg Spector Duke & Rogers.(On the Move)
October 1, 2007... Mary B. Clark joined Schwarzberg Spector Duke & Rogers in West Palm Beach, where she will focus on labor and employment litigation, immigration law, civil rights, and commercial litigation.

Latasha A. Garrison-Fullwood has joined Taylor, Day, Currie, Boyd & Johnson, P.A., as a senior associate.(On the Move)
October 1, 2007... Latasha A. Garrison-Fullwood has joined Taylor, Day, Currie, Boyd & Johnson, P.A., as a senior associate. Her practice will focus on labor and employment law and commercial litigation.

David J. Lienhart has joined Roetzel & Andress as an associate in its Orlando office.(On the Move)
October 1, 2007... David J. Lienhart has joined Roetzel & Andress as an associate in its Orlando office. Lienhart will concentrate his practice in the areas of commercial bankruptcy and creditors' rights.

Daniel P. Mitchell has joined the Law Firm of Barr, Murman & Tonelli, P.A., as a partner.(On the Move)
October 1, 2007... Daniel P. Mitchell has joined the Law Firm of Barr, Murman & Tonelli, P.A., as a partner. He practices primarily in insurance defense, along with tort actions, coverage cases, bad faith, extra contractual damage claims, and appeals.

Fulton County.(On the Move)
October 1, 2007... Gerry L. Clark has been appointed county attorney for Fulton County in Atlanta.

The New York-based law firm of Mound Cotton Wollan & Greengrass has opened an office in Ft. Lauderdale.(On the Move)
October 1, 2007... The New York-based law firm of Mound Cotton Wollan & Greengrass has opened an office in Ft. Lauderdale. New partner Ira S. Bergman will be the resident partner in the office located at 101 N.E. Third Ave., 33301. The telephone is (954) 467-5800...

Fisher & Phillips LLP.(On the Move)
October 1, 2007... Fisher & Phillips LLP added five labor and employment attorneys in its Orlando office. Jeffrey E. Mandel, David V. Kornreich, Benton N. Wood, Vasilis ("Bill") Katsafanas, and David A. Young joined the firm. Mandel will be the managing partner...

Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.(On the Move)
October 1, 2007... Atkinson, Diner, Stone, Mankuta & Ploucha, P.A., announced that David A. Friedman joined the firm as a shareholder, and Claudine M. Burke joined the firm as an associate. Both will practice in the commercial litigation department.

Edward Cole joined Akerman Senterfitt's Jacksonville office as an associate.(On the Move)
October 1, 2007... Edward Cole joined Akerman Senterfitt's Jacksonville office as an associate. His practice is focused on commercial litigation and employment defense.

Quality Distribution, Inc.(On the Move)
October 1, 2007... Jonathan C. Gold was named senior vice president, general counsel, and secretary of Quality Distribution, Inc., in Tampa.

Andrew C. Demos opened Andrew C. Demos, P.A., at 401 E. Las Olas Blvd, Ste. 1400 Ft. Lauderdale 33301.(On the Move)
October 1, 2007... Andrew C. Demos opened Andrew C. Demos, P.A., at 401 E. Las Olas Blvd, Ste. 1400 Ft. Lauderdale 33301. The telephone number is (954) 332-2379, the fax number is (954) 332-2377, and the Web site is www. demoslaw.com.

Upchurch Watson, White & Max.(On the Move)
October 1, 2007... Upchurch Watson, White & Max appointed Walter K. "Wally" McDonough to the firm's mediation panel.

Maddox Horne.(On the Move)
October 1, 2007... Stephen Marc Slepin of Slepin & Slepin in Tallahassee became of counsel to the Maddox Horne law firm.

FACDL contends regional conflict counsels must be elected.
October 1, 2007... The Florida Association of Criminal Defense Lawyers has asked the Florida Supreme Court to override Gov. Charlie Crist's appointment of five regional counsel offices to handle public defender conflict cases. The FACDL filed a writ quo...

Sunshine Seminars scheduled for Tallahassee, Miami, and Orlando.
October 1, 2007... The First Amendment Foundation, the Office of Open Government, and The Florida Bar's Media & Communications Law Committee will be presenting a day-long workshop on public records and Florida's Government in the Sunshine Laws October 8 in...

Nowacki petitions for reinstatement.(Kristine Nowacki)(Brief article)
October 1, 2007... Pursuant to Rule 3-7.10, K. Kristine Nowacki has petitioned the Florida Supreme Court for Bar reinstatement. Nowacki was suspended for the practice of law for 91 days in two separate cases for engaging in a persistent pattern of client...

Baraque petitions for reinstatement.
October 1, 2007... Pursuant to Rule 3-7.10, George Juan Baraque has petitioned the Florida Supreme Court for Bar reinstatement. Baraque's suspension was effective May 19, 2001, and was for two years resulting from a felony conviction. Any person having...

Daniel H. Aronson.(News and Notes)
October 1, 2007... [ILLUSTRATION OMITTED] Daniel H. Aronson of Bilzin Sumberg Baena Price & Axelrod in Miami has writen Venture Capital: A Practical Guidebook for Business Owners, Managers and Advisors, which serves as an introduction to the process of...

National Black Prosecutors Association.(News and Notes)
October 1, 2007... Bruce Terry Brown, an assistant U.S. attorney in the Southern District of Florida, was re-elected to a fifth term as president of the National Black Prosecutors Association at its annual conference in Seattle.

Roger J. Dodd.(News and Notes)
October 1, 2007... Roger J. Dodd of Jacksonville was recently the featured speaker in St. Petersburg, Russia, at the International Academy of Matrimonial Lawyers annual meeting. He discussed the topic of cross-examining expert witnesses with an audience hailing...

Angel Investment Forum of Florida.(News and Notes)
October 1, 2007... [ILLUSTRATION OMITTED] Nicholas Robbins of Gunster, Yoakley & Stewart in West Palm Beach has been appointed to the board of directors of the Angel Investment Forum of Florida. Robbins also serves on the advisory board of the Treasure Coast...

Gary Yeldell.(News and Notes)
October 1, 2007... [ILLUSTRATION OMITTED] Gary Yeldell of Harper Gerlach Law spoke on "The 12 Most Common Mistakes Employers Make" at the Rotary Club of Palatka's Sunrise Meeting.

Metropolitan Business Association of Central Florida.(News and Notes)
October 1, 2007... Mary B. Meeks of Carlton Fields in Orlando was elected to the board of the Metropolitan Business Association of Central Florida.

Peter A. Quinter.(News and Notes)
October 1, 2007... Peter A. Quinter of Becker & Poliakoff was recognized by Florida Shipper Magazine for his "excellence in leadership" in the areas of international trade and transportation, which impacts shippers and carriers throughout Florida. ...

Hillsborough County Bar Association.(News and Notes)
October 1, 2007... Thomas R. Bopp of Fowler White Boggs Banker was elected president-elect of the board of directors of the Hillsborough County Bar Association. [ILLUSTRATION OMITTED]

Isabelle C. Lopez and Wayne E. Flowers, both of Lewis, Longman & Walker 's Jacksonville office, spoke at the Rural Land Use Seminar in Gainesville.(News and Notes)
October 1, 2007... Isabelle C. Lopez and Wayne E. Flowers, both of Lewis, Longman & Walker 's Jacksonville office, spoke at the Rural Land Use Seminar in Gainesville. Lopez spoke on "Planning and Zoning for Agricultural and Rural Lands Preservation," and Flowers...

Michael H. Rosen.(News and Notes)
October 1, 2007... Michael H. Rosen of Saxon, Gilmore, Carraway, Gibbons, Lash & Wilcox spoke on "Creation and Use of Public Roads" at the National Business Institute's Road and Access Law seminar in Tampa. [ILLUSTRATION OMITTED]

The Florida Academy of Professional Mediators.(News and Notes)
October 1, 2007... [ILLUSTRATION OMITTED] Rand Hoch of the Law and Mediation Offices of Rand Hoch, P.A., was elected to the board of directors of The Florida Academy of Professional Mediators.

ABA's Commission to the World Justice Program.(News and Notes)
October 1, 2007... Renaldy J. Gutierrez of Gutierrez & Associates in Miami was appointed to the ABA's Commission to the World Justice Program.

19th Circuit bench by Gov. Charlie Crist.(News and Notes)
October 1, 2007... F. Shields McManus of Gary, Williams, Parenti, Finney, Lewis, Mc-Manus, Watson and Sperando was appointed to the 19th Circuit bench by Gov. Charlie Crist.

Richard W. Ervin III.(News and Notes)
October 1, 2007... Richard W. Ervin III, of Fox & Loquasto's Tallahassee office was certified by the Florida Dispute Resolution Center as circuit civil mediator, and was presented with the Florida Justice Association's judicial award for 2007. [ILLUSTRATION...

National Black Prosecutors Association.(News and Notes)
October 1, 2007... Assistant U.S. Attorney Winifred L. Acosta NeSmith was reelected to a third term on the National Black Prosecutors Association's executive board. Acosta NeSmith was also recognized as the "Executive Board Member of the Year," in appreciation...