PALM BEACH COUNTY BAR ASSOCIATION

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1 PALM BEACH COUNTY BAR ASSOCIATION September 2004 North County Section begins year with a Membership Appreciation Reception Members of the North County Section are invited to Kick Off The New Year with a complimentary Membership Cocktail Reception on Thursday, September 30th from 5:30 p.m. to 7:00 p.m. at Marc s Chophouse in Jupiter. Non-members are welcome for $ To attend, please register on line today at Space will be limited to the first 125 RSVPs. A special thank you to our sponsors Citigroup Private Bank and American Legal Search. Amendment 3: Doctor Protection vs. Patient s Rights How will you Vote? In an effort to educate its members and the public, the Palm Beach County Bar Association will host a debate between Floridians for Patient Protection and the Florida Medical Association on Amendment 3, the constitutional amendment that will be voted on in November. The luncheon will be held on Friday, October 8, 2004 at 11:45 a.m. at the Crowne Plaza Hotel in West Palm Beach. The cost to attend the luncheon will be $ Tickets are limited and will be sold on a first come first serve basis. To RSVP, log onto the Bar s website at and click on register for events. Bench Bar Conference scheduled for October 29 at new Convention Center This year s Bench Bar Conference has been scheduled for Friday, October 29 at the new Palm Beach County Convention Center. We hope by moving the event, we will be able to accommodate more of our members. The Bench Bar Conference is an opportunity for attorneys and judges to meet informally in a roundtable atmosphere to discuss issues of concern to both the Bench and Bar. Registration forms will be mailed to all PBCBA members. Last year, over 800 people attended throughout the day, so be sure to sign up early! A morning session will be dedicated to legal assistants, judicial assistants and legal secretaries. This session has proven to be valuable to staff, so please be sure that you register them. A general luncheon will be held at 12 noon followed by the afternoon breakout session for attorneys and judges. Sponsorship opportunities are available to assist in the underwriting of this year s conference. Sponsorship amounts are as follows: $175 for law firms with 1-2 attorneys $250 for firms with 3-10 attorneys $350 for firms with 11 or more attorneys. Checks should be made payable to the PBCBA and mailed to: Patience Burns, 1601 Belvedere Road #302E, WPB, FL Congratulations to this year s spelling bee winners pictured above with Bar President Stan Klett and Lawyers for Literacy Committee Chair Cindy Spall: Art Pumpian, Claire Dumas and Edward Shipe. Turn to page 12 for more photos from the event. Inside... President s Message 3 National Adoption Day 3 Historical Committee 4 Personal Injury Corner 5 Circuit Court Report 7 Pro Bono 8 Lawyers for Literacy 10 Fired or Forced to Withdraw 11 Spelling Bee Highlights 12 New Members 14 Bankruptcy Update 17 Bulletin Board 22

2 THE STANLEY D. KLETT, JR. President PATIENCE A. BURNS Executive Director PALM BEACH COUNTY BAR ASSOCIATION Officers Stanley D. Klett, Jr., President Theodore J. Leopold, President-elect Directors Manuel Farach Scott C. Murray Meenu Sasser Richard D. Schuler Michelle R. Suskauer V. Lynn Whitfield Bryan Poulton, Young Lawyers Section President Scott Kramer, North County Section President Howard K. Coates, Jr., South County Bar President Lisa Small, Immediate Past President FL Bar Board of Governors Representatives Jerald S. Beer Scott G. Hawkins Amy L. Smith John G. White III FL Bar Young Lawyers Division Board of Governors C. Wade Bowden Ginny R. Neal Ronald P. Ponzoli, Jr Belvedere Road, Suite 302E West Palm Beach, FL (561) FAX (561) Views and conclusions expressed in articles and advertisements herein are those of the authors or advertisers and not necessarily those of the officers, directors, or staff of the Palm Beach County Bar Association. Further, the Palm Beach County Bar Association, its officers, directors, and staff do not endorse any product or service advertised. Copy deadline is the first of the month preceding publication. The mission of the PBCBA is to foster professionalism, serve its members, and enhance public access to the legal system through education and service. Letters to the Editor The Palm Beach County Bar Association Bulletin welcomes your comments on topics relating to the law, the legal profession, the Palm Beach County Bar Association or the Bar Bulletin. Letters must be signed, but names will be withheld upon request. The editor reserves right to condense. Send letters to: EDITOR Bar Bulletin Palm Beach County Bar Association 1601 Belvedere Road, #302E West Palm Beach, FL Legal Aid Society s 4rd Annual Cup of Justice Golf Classic presented by Deutsche Bank Friday, September 10, 2004 BallenIsles Country Club 11:30 a.m. Lunch & Registration 1:00 p.m. Shotgun Start 5:30 p.m. Dinner & Trophy Presentations For more information visit or call ext. 257 Tournament proceeds benefit Legal Aid s Educational Advocacy Project Dear Patience: Words cannot express how grateful we are to the Palm Beach County Bar Association for the donation of everything we will need for the kitchen in our new home in Royal Palm Beach. We are overwhelmed with your thoughtfulness not only for your donation to our organization but for your going out and doing the actual shopping for the items yourselves. We know how busy you all must be, and we appreciate you giving of your time so freely. It really means a lot to us. On behalf of the entire Board of Directors, we appreciate your contribution. May I say too, on behalf of all children who will reside at the Sanctuary who are unable to speak for themselves, we thank you. /s/ Sandy Thomas, Executive Director The KidSanctuary, Inc. Editor s Note: The KidSanctuary is a non-profit organization in Loxahatchee that provides 24-hour residential group care to special needs children who have been removed from their homes by the judicial system. For more information about this organization, contact Sandy Thomas at Page 2 Bulletin

3 President s Message STRENGTH IN DIVERSITY AND A TIME TO REFLECT by Stanley D. Klett, Jr. Earlier this year the legal community recognized and celebrated the 50th anniversary of the United States Supreme Court s ground-breaking decision in Brown v. Board of Education. As most attorneys know from Law School this landmark decision did away with the separate but equal doctrine established in the Plessy v. Ferguson decision rendered in The ruling determined that separate but equal educational facilities denied black children equal protection of the laws guaranteed by the Fourteenth Amendment. The Brown case featured some notable people. Future Supreme Court Justice Thurgood Marshall argued on behalf of the plaintiff, Oliver Brown of Topeka, Kansas. In 1954, the court unanimously held that in the field of education the doctrine of separate but equal has no place. Separate educational facilities are inherently unequal. Supreme Court Justice Earl Warren wrote the now well-known opinion. This decision opened the door for many minorities to have better access to education and thus job opportunities. Fifty years later we see the impacts that it has had and should be thankful as to how far we have come. However, we need to be mindful of how far we still have to go. Recently, I attended the F. Malcolm Cunningham Bar Association Masquerade Ball at the Breakers. For those of you that do not know the F. Malcolm Cunningham Bar is the foremost African-American Bar Association in the County and I believe in the State. The gala affair was both fun and educational. It honored A. Grubbs Court Reporters as the first African-American owned court reporting agency in the County (which I did not know). It honored Judge Sheree Cunningham as the first African-American female to serve on the bench in Palm Beach County (another fact that I did not know). And it honored Patience Burns for her unselfish devotion of time and energy to the bar association and the community (this I did know). During the event, I had the pleasure of speaking with the new president of the F. Malcolm Cunningham Bar Association, Lisa Quarrie, and I was impressed with her enthusiasm, energy and initiative. One of her stated goals were to continue the growth and recognition of the F. Malcolm Cunningham Bar Association in its membership and the community. This is a goal that I expect this impressive young lady will accomplish. Our discussion led me to thinking and doing a little research. The most recent federal census finds 65.4 percent of Florida s population is Caucasian that is not of Hispanic or Latino origin, and 16.8 percent are Hispanic or Latino, and 4.6 percent are African-American. Bar surveys show that 89 percent of the bar is now Caucasian, 8 percent Hispanic and 2 percent African-American. Overall, 51.2 percent of the state population is comprised of women. Interestingly, it should be noted that of the States 872 Judges, 86.5 are white, 6.5 percent are black, 6.1 percent are Hispanic and women make up 24.4 percent of the Judges. This leads me to the observation that we still have a ways to go. As attorneys we should encourage greater diversity in young people going to college, to law school, and into the profession. There is strength in our differences. Greater diversity in the bar should lead to greater diversity on the bench. Different viewpoints and perspectives foster change when necessary, and greater confidence in the public that the system does work equally for all. We should take part in encouraging this diversity in our actions, in our community, in our participation, in our interviews, and in our hires. Sometimes the mere awareness of the issue can lead to action. Brown v. Board of Education opened up doorways for African-Americans and for many others. It would seem that 50 years later we should be helping usher more through the threshold. Support National Adoption Day reception hosted by the Special Needs of Children Committee It s not too late to RSVP for a special Cocktail Reception on Thursday, September 9 from 5:30 p.m. until 7:00 p.m. at E.R. Bradley s in West Palm Beach. The cost is just $20 and includes one drink, plus plenty of food. Proceeds from the evening will benefit National Adoption Day. You can register for the event on line at June 2004 Page 3

4 istorical Committee Who are they? In continuing with a project started by last year s Historical Committee, we will continue to run old photos of some of our members. The following pictures were taken in 1982, can you guess who they are: Answers on page Editor s Note: The following letter was sent from now deceased member J. Clinton Scott in April 1997 as he was recalling the good old days of practicing in Palm Beach County: Dear Patience, Here s one for you from the good old days. When I first joined the PBCBA January, 1957, there were only fifty members, we met the first Monday of the month at the George Washington Hotel second floor, and Colonel Harry A. Johnston was president. Not only did everyone know each other and revere and trust each other, the same held true for The Florida Bar, which in those days had less than 10,000 members. Colonel Johnston introduced me as a new member and the 4th of a rapidly growing number of Republican lawyers in Palm Beach County. Being Mr. Democrat himself, the Colonel recounted there s Bruce Jones in West Palm Beach, George Pink on Palm Beach, Charlie Gutridge in Lake Worth, and now we have Clinton Scott in Boca Raton. We had three judges: Banzai Curry, the Small Claims Court Judge; Judge White who handled all the civil and criminal work, and Richard Robbins who did probate. How times have changed! Death Divorce Estate Planning Guardianship Bankruptcy Taxation APPRAISALS Residential & Commercial Real Estate Home Furniture and Furnishings Art, Antiques, Jewelry Professional & Trade Fixtures Business Machinery & Equipment Allied Appraisal Services 929 SE First Street Pompano Beach, FL One Call Does It All Tel. (800) (954) Fax (954) L. Edward Gull [email protected] 434 W. Hillsboro Blvd. Deerfield Beach, FL Fax: Wireless Internet Server Colocation Dedicated Servers Website Hosting and Design Nationwide Internet Access Highspeed Bandwidth Automated Answering Service Nationwide Paging Page 4 Bulletin

5 Personal Injury Corner EXCLUSION OF EXPERT WITNESSES SANDBAGGING By Ted Babbitt It is well settled in Florida law that a witness cannot state on deposition that he or she does not intend to testify on a particular subject and then at trial be allowed to testify on that subject. Such a practice has been termed sandbagging. That rule has been extended to include opinions stated in reports rendered under RCP 1.360(b) pursuant to a Court Ordered examination. In Suarez-Burgos v. Morhaim, 745 So. 2d 368 (Fla. 4th DCA 1999), a physician rendered a report which did not include an opinion concerning the causation of the plaintiff s injury. Shortly before trial, without disclosing it to plaintiff s counsel, defense counsel provided the witness with additional medical records and then put him on the stand to testify regarding causation. The appellate court affirmed the granting of a mistrial based upon surprise, pointing out that a party has a right to rely upon a report rendered pursuant to RCP 1.360(b). At Page 370, the Court held: undisclosed adverse witness to testify as in Binger. Some trial judges have concluded that the holding in Suarez-Burgos, supra, extends to reports rendered by treating physicians and have excluded the testimony of such a treater even when defense counsel have not bothered to take a deposition to find out the opinions to be expressed at trial. The opinion in Suarez-Burgos and cases which have followed make it clear that the rule set forth in Suarez-Burgos relates to reports rendered under RCP and not to treating physician s records. The Suarez-Burgos Court itself distinguishes treating physicians and their records from reports rendered under RCP In discussing Ganey v. Goodings Million Dollar Midway, Inc., 360 So. 2d 62 (Fla. 1st DCA 1978), the Court makes it clear that the rule announced in Suarez-Burgos was not intended to cover treater s records. Appellant cites Ganey v. Goodings Million Dollar Midway, Inc., 360 So. 2d 62 (Fla. 1st DCA 1978), as being analogous. It is distinguishable and was decided well before the Binger case. In Ganey, plaintiff s treating physician testified at trial that her injury was permanent and a result of the accident at question in the case. The defendant moved for a new trial, claiming surprise as to this testimony which had not been revealed in pretrial discovery even though the doctor s deposition had been taken. The trial court granted the motion for new trial. The appellate court reversed because the Continued on page 6 Clearly the purpose of Rule 1.360(b) is to require disclosure of the opinions of expert witnesses so that the other side may take these opinions into account in defending or prosecuting the case. A party can hardly prepare for an opinion that it doesn t know about, much less one that is a complete reversal of the opinion it has been provided. We agree with the trial court that the spirit and purpose of Rule 1.360(b) requires the disclosure of a substantial reversal of opinion such as occurred here, if a party intends to offer that changed opinion at trial. Parties who fail to make such disclosure do so at their peril, depending on the circumstances of the case. In this case, allowing the presentation of the changed opinion was tantamount to permitting an June 2004 Page 5

6 SANDBAGGING (continued from page 5) plaintiff had never asked in the deposition whether she had suffered a permanent injury. See id. at 63. Thus, defendant could not claim surprise. However, the court noted specifically that the defense had not sought a physical examination pursuant to Rule 1.360(a). Ganey did not deal with the testimony of an expert who performed a compulsory medical examination and was required to furnish the opposing party with a report of the expert s opinions. Suarez-Burgos at 371. (Emphasis by the court). Exclusion of expert witnesses is a drastic remedy reserved only for cases in which there has been a clear attempt to sandbag and would rarely apply to a treating physician. In Ryder Truck Rental v. Perez, 715 So. 2d 289 (Fla. 3rd DCA 1998), the Court made it clear that treating physicians are not hired experts and should not be subject to a trial court s limitation to one expert witness per side in a medical malpractice case. To exclude a witness because a party has chosen not to take the deposition of that witness when it is clear that the witness will most likely testify on crucial issues is not appropriate. The Court so held in Santos v. Carlson, 806 So. 2d 539 (Fla. 3rd DCA 2002). There a trial court excluded a witness because the defense had not provided the plaintiff with a copy of his report even though at the time the report was requested it did not exist. The trial court incorrectly concluded that a party has an obligation to update discovery. In reversing, the District Court pointed out that a party cannot quietly sit back in blissful ignorance and then successfully deprive his opponent of a crucial witness. The Court pointed out that counsel had known that the witness was going to testify for almost two years yet never took a deposition. In reversing the trial court s exclusion of the witness, the Court held at Page 541: The right to call witnesses is one of the most important due process rights of a party; accordingly, the exclusion of the testimony of expert witnesses must be carefully considered and sparingly done. A party does not have a duty to educate that party s opponent concerning matters which could be easily learned through discovery. In Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), the Supreme Court in a footnote states: Nothing in this concept of trial practice requires that one party disclose his case to the other in full. We are dealing only with an exchange of witnesses names. It remains the obligation of each attorney to learn through interrogatories, depositions or any other means he selects, the nature of the testimony which will be offered and the extent to which he intends to meet or deal with it at trial. Negligence in discovery is not an issue in this case. That is not to say that a party can allow a witness deposition to be taken and the witness opinions to be obtained and then put the witness on without notice that the opinions have changed or have been newly formed. In Gouveia v. Phillips, 823 So. 2d 215 (Fla. 4th DCA 2002), a witness pretrial deposition made it clear that the witness had no opinion regarding informed consent. At trial, the plaintiff sought to put the witness on on that subject and the trial court excluded the testimony. In affirming, the Court at Page 222 colorfully sets forth the rule: In the memorable line by Strother Martin in Cool Hand Luke, [w]hat we have here is a failure to communicate. If plaintiff s purpose in designating Dr. Garrod as an expert was to have him testify as to the standard among physicians for obtaining consent when the patient is visibly intoxicated, then it was Continued on page 7 NATIONAL FINANCIAL PLANNING. Page 6 Protect yourself, protect your family. Life Insurance Disability Insurance Long Term Care Pension Planning Annuities IRA s 529 Savings Programs Coverdell (Education IRA) Plans Brent K. Deviney, LUTCF 470 Columbia Drive, Suite #D-201 West Palm Beach, FL Tel: (561) Fax: (561) Securities offered solely through New England Securities Corp. Seth Honowitz Leibowitz Realty Group Assisting fellow members of the Palm Beach County Bar Association with all of their real estate needs including: Mirasol Mirabella Frenchman s Reserve Bent Tree BallenIsles PGA National Other fine communities in Northern Palm Beach County Country Club and Luxury Home Specialist Office (561) Mobile (561) Bulletin

7 SANDBAGGING (continued from page 6) incumbent on him to communicate that intent at the deposition. Plaintiff could not sit silently by while the witness disclaims any opinion on something that might include a subject on which the expert would be expected to testify at trial. Viewing the cases as a whole, it is apparent that the rule regarding exclusion of expert witnesses is one of reasonableness. The rule set forth in Suarez-Burgos applies to reports under RCP not to the records of a treating physician. A party cannot sit back knowing full well that a treating physician is going to testify regarding the treatment of the plaintiff, refuse to take the deposition and then move to exclude the testimony. The exclusion of witnesses based upon surprise is limited to those cases in which there has been a clear attempt at subterfuge by hiding the witness opinion and a good faith effort by opposing counsel to perform the responsibility of adequate discovery. NOTE: BECAUSE A NUMBER OF PEOPLE HAVE REQUESTED COPIES OF PAST ARTICLES, A COMPILATION OF THESE ARTICLES IS NOW AVAILABLE TO MEMBERS OF THE PALM BEACH COUNTY BAR ASSOCIATION, FREE OF CHARGE, BY CALLING (561) MOVING? Be sure to send your updated address, phone, fax and information to the Bar at 561/ DIVISION A B D E F G H I J N O Circuit Court Report CIVIL DIVISIONS June 2004 JURY TRIALS 11/04 04/05 05/05 09/04 11/04 03/05 01/05 10/04 03/05 11/04 01/05 NON-JURY TRIALS 11/04 04/05 05/05 09/04 10/04 03/05 12/04 10/04 11/04 12/04 10/04 MOTIONS 09/04 10/04 08/04 09/04 10/04 09/04 07/04 09/04 09/04 09/04 08/04 CASES PENDING * All Civil Division Judges schedule their own Jury and Non-Jury Trials. Pending cases as of 7/9/04 *(Asbestos 1313) LEAVING YOUR JOB? Don t leave your 401(k) unattended. In a sense, that s what you re doing with retirement assets left in a former employer s 401(k) plan or, worse yet, when you cash out and pay unnecessary taxes. Take control of your retirement savings. Roll your 401(k) into an IRA that can be actively managed to better meet your retirement goals. Call today to request your copy of A.G. Edwards free report: Make the Right Choice When You Change Jobs or Retire. Mike Smodish, Financial Consultant 1101 N. Congress Ave. Boynton Beach, FL (561) [email protected] 2004 A.G. Edwards & Sons, Inc. Member SIPC [24778-v1-0613] RP W. JAY HUNSTON, JR. Mediator/Attorney J.D. Stetson Univ. College of Law (1976) Florida Bar Board Certified Civil Trial Lawyer ( ) Florida Certified: Circuit Civil Mediator (1991-Present) Family Mediator (1998-Present) NASD Approved Mediator Qualified Florida Arbitrator Admitted to Practice in Florida, Montana, Colorado, and Ohio Hourly and Per Diem Rates Available upon Request Since 1/1/01, limiting his practice to all forms of effective dispute resolution, including presuit and Court-ordered mediation, arbitration, conciliation, special master proceedings, and private judging. Of Counsel to Boose Casey Ciklin Lubitz Martens McBane & O Connell 515 N. Flagler Dr., 17th floor, West Palm Beach, FL (561) ; Fax: (561) [email protected] website: June 2004 Page 7

8 Page 8 Pro Bono Corner Wachovia Awards $30,000 to Legal Aid s Educational Advocacy Project The Legal Aid Society recently received a $30,000 grant from Wachovia Bank, N.A. The funds awarded by Wachovia will be used by Legal Aid s Educational Advocacy Project to ensure positive educational outcomes for disabled children attending Palm Beach County s lower performing schools. By supporting Legal Aid s Educational Advocacy Project, Wachovia can help ensure that disadvantaged, disabled public school children in Palm Beach County are able to succeed academically said Harry W. Weede, Jr., Palm Beach County Regional President of Wachovia. Left to Right: Harry W. Weede, Jr. (Palm Beach County Regional President for Wachovia), Bob Bertisch, Executive Director Legal Aid Society Attorneys that closed pro bono cases The following attorneys recently closed their pro bono cases: JoAnn Abrams Sara Alijewicz Paulette V. Armstead Richard C. Bagdasarian Barry S. Balmuth Thomas M. Bates Ross G. Baylor Leo L. Bentz Bridgett Ann Berry Zjohn L. Bryan, Jr. Peter A. Cooke R.E. Crescenzo Rebecca Distefano Joel H. Feldman Robert L. Fenner Frederick Ford Donald S. Fradley Jack Fuchs Allegra Fung Val Gabaldon Jeffrey Garber Patricio Garcia Stuart Gottlieb Gerald Kornbum Robert C. Groelle Paul M. Herman Kristen Herndon Clelia Hoffman Richard A. Jarolem Isabell Julia-Miles Jonathan Kaplan Toni Marie Kennedy David Wood Kinnard Cary E. Klein Matthew Kobren JoAnn Kotzen Jennifer Labbe Ted Leopold Bruce McAllister William R. Merkle William McEachern Jane E. McGill Andrea McMillan Sholonda Mason Marjorie Miller Michael K. Miller Stacey D. Mullins Charles W. Musgrove Matthew S. Nugent Edward F. O Hara James C. Paine, Jr. Steven M. Pesso Gary L. Pickett Michael J. Pike William H. Pincus Marnie R. Poncy Stephen J. Press Lyman H. Reynolds, Jr. Scott N. Richardson Gerald A. Richstone Donia Adams Roberts Bruce S. Rosenwater Moria Rozenson Richard K. Slinkman Tracy G. Slatoff F. Kendall Slinkman Karen James Smith Geri Sue Straus Richard D. Tannenbaum Lawrence Taube Matthew Thibaut Peter D. Ticktin Steven Utrecht James Walsh Jonathan Wasserman Wendi S. Weisman Charles Wender Mark Wilensky Laurie J. Adams Scott R. Austin Jonathan S. Brooks Patrick Bryan Cathy Chimera L. Frank Chopin Philip M. Chopin John B. Clarke Barry L. Clayton Carl M. Collier Joyce A. Conway Ronald E. Crescenzo Carol L. Crozier J. Burke Culler, Jr. Bruce J. Daniels Alexander Del Russo Jeffrey A. Deutch Marc S. Dobin Manuel J. Dominguez Ron Dubiner James L. Eisenberg Michael D. Eriksen Joseph D. Farish Preston J. Fields Darryl P. Figueroa William A. Fleck Donald S. Fradley Julianne R. Frank David E. French Robert P. Fritts Lance C. Fuchs Jane M. Gordon Patricia L. Hartley Raymond G. Ingalsbe Brian Joslyn James McCann Thomas J. Maccari Eugene Murphy, Jr. Joseph N. Nusbaum Stephen R. Phillips Frank T. Pilotte Ronald S. Platt J. Freddy Rhoads Evelyn A. Ziegler Total number of hours: 2277 Bulletin

9 Confidential Copying DocuSolutions Complete Document Duplication and Imaging WE PROVIDE A FULL RANGE OF DOCUMENT OUTSOURCING SOLUTIONS INCLUDING, BUT NOT LIMITED TO: Litigation Copying Imaging Digital Printing OCR Scanning Trial Exhibits Binding Oversize Copying Color Copying Onsite Duplication Audio & Video Duplication Document Numbering Bankruptcy Mailouts Document Shredding Process Serving Free Pick-Up & Delivery Free Estimates Free Cookies With Every Order! Available 24-7 With Two Locations To Serve You Better! Boca Raton: West Palm Beach: Do You Need a Mentor? The Palm Beach County Bar Association s Mentor Program is designed to provide members with a quick and simple way to obtain advice, ideas, suggestions, or general information from an attorney that is more experienced in a particular area of law. The mentors provide a ten-tofifteen-minute telephone consultation with a fellow attorney, at no fee. Any member of the Palm Beach County Bar, whether newly admitted or an experienced practitioner, can use the program. Call the Bar office at , if you need a Mentor. Divorce Support Center Assisting your clients in meeting their emotional needs. A professional nonprofit counseling center that is dedicated to reducing the traumatic impact of divorce on adults, children and their families. Coleen H. Hester, LMHC Licensed Mental Health Counselor Children & Teen Specialist Utilizing Art & Play Interventions Stephanie A. Dill, LCSW Licensed Clinical Social Worker Crisis & Loss Specialist Qualified EMDR Practitioner Individual Counseling Specialized Children s Services Co-Parenting Sessions Family Counseling Adult Groups Children s Group Parenting Groups 100 Village Square Crossing, Suite 205, Palm Beach Gardens, FL (561) www. divorcesupportcenter.org June 2004 Page 9

10 Family Health Counseling Center, Inc. Substance Abuse / Urinalysis / D.U.I. Domestic & Family Violence Stress / Anger Management Individual & Group Counseling Assessments Re-entry Program for (x) Offenders Life Skills Program Drug Court Legal Case Management Court Assessments West Palm Beach: (561) Volunteer for Literacy One Hour Commitment The Lawyers for Literacy Committee is looking for attorneys to volunteer for Adult Literacy Day on the morning of September 8th. This is a rewarding opportunity that will only take an hour of your time. For more information, call Cindy Spall at The Lawyers for Literacy Committee sincerely thanks THE PRESIDENT COUNTRY CLUB & REGENT BANK for hosting its Second Annual Spelling Bee & Cocktail Reception Medical Copies Unlimited (561) X-Ray Duplicates Laser Color Copies FREE Pickup and Delivery Copies Returned in 24 Hours Price List: X-Ray Duplications & Laser Color Copies 1-25 $8.75 each $8.50 each over 50 $8.00 each Price reflects same case and all film sizes. The Hands of Experience for Quality X-Ray Reproductions inc. Supplies: X-Ray Mailers $1.00 X-Ray Jackets $.50 MCU guarantees the quality of all X-Ray services, however, duplicates are only as good as the original nd Drive North, Palm Beach Gardens, Florida Join The President Country Club! Special corporate, family and individual executive and senior memberships available at preseason prices. West Palms premium private country club 36 holes, 8 hart-tru tennis courts, Olympic pool, fitness, steam, sauna and 65,000 sq. ft. clubhouse. Call Membership Chairman at , ext 156 for a tour and a try! Special Offer from Regent Bank! Regent Bank has agreed to offer Bar members a complimentary first order of checks, plus a safety deposit box rental for one year with the opening of a new corporate checking account. Offer valid through 12/04. For details call: Jeff at (561) Be sure to say you re a Palm Beach County Bar Association member to receive these offers! Page 10 Bulletin

11 FIRED OR FORCED TO WITHDRAW? WHAT RIGHTS HAVE YOU TO A FEE? By Jeff Albinson When you have a contingent fee agreement and your employment ends before the case does, are you able to take a fee? If so, how much are you allowed? The difference between voluntary withdrawal and involuntary termination. A distinction is made between voluntary withdrawal from representation and involuntary termination by a client. However, sometimes the facts are such that it is not entirely clear whether the withdrawal was voluntary or the lawyer was terminated by the client in a constructive firing situation. The simple rule is this: If a lawyer freely and voluntarily withdraws from a matter before conclusion, the lawyer gives up the fee. If the lawyer is fired, the lawyer has a right to a fee. Constructive Termination The determination of whether a lawyer has been terminated without cause or has voluntarily withdrawn can be a factual matter of close proportions with great import on the financial life of the lawyer. Sometimes, termination is easy to see, the client tells the lawyer you are fired or the client retains a new lawyer and the message is imparted to the first lawyer by the second lawyer. However, other times, the concept of voluntary versus involuntary can be more subtle. For example, perhaps a client makes a demand to take some action that the lawyer does not think is appropriate or ethical, then the lawyer might be forced to withdraw and, even though the client never told the lawyer that he or she was fired, the result was the same. In that instance, the subsequent withdrawal would clearly not be voluntary and is, therefore, constructive. One case I handled involved a lawyer commanded by a client to file suit within 10 days or withdraw despite the fact that a pending settlement offer was still to be open another 22 days. The lawyer declined to file the suit within 10 days and withdrew. The lawyer placed a lien on the file (and ultimately collected) quantum meruit fees and costs. Since the client had commanded the lawyer to withdraw if he did not file suit, the lawyer had no choice but to withdraw. See The Rules Regulating The Florida Bar (Rules), Rule (a)(3). Thus the withdrawal was constructive. The client filed a grievance over the fee. The lawyer prevailed in the grievance proceedings because we proved the termination was involuntary and the Rosenberg Rule (see below) applied. Settlement Issues versus Tactical Issues Rule 4-1.2(a) and the first paragraph of the Comment to the Rule under the heading Scope of Representation make it clear that legal tactical issues are the province of the lawyer and making, accepting or rejecting settlement offers is solely the province of the client. Thus, if a lawyer withdraws simply because a client refuses to accept a settlement offer that the lawyer thinks should be accepted, the withdrawal is voluntary. On the other hand, if the withdrawal is forced over a legal tactical decision, then, in most cases, the withdrawal is involuntary. Involuntary Discharge and the Collection of Fees A client is free to terminate a lawyer at any time but the law balances that right against the lawyer s interest in earning fair compensation for work done on behalf of a client. The preeminent case on this topic Continued on page 20 SCHWARZBERG ASSOCIATES A TTORNEYS A T L AW Proudly welcomes the following Associates to our firm: Lorraine O Hanlon Rogers Mrs. Rogers, formerly of Ruden McClosky, focuses her practice on labor and employment law and commercial litigation. Prior to joining our firm, she served as Assistant General Counsel to the University of Florida, Office of General Counsel. [email protected] Timothy W. Schulz Mr. Schulz, formerly of Greenberg Traurig, focuses his practice on complex business disputes, commercial litigation, employment matters and arbitrations before the NASD and AAA. He also handles white-collar criminal defense matters, and worked with Miami attorney Roy Black after a career as a police officer in Atlantic City, N.J. [email protected] Mrs. Rogers and Mr. Schulz join these other attorneys at our firm: Steven L. Schwarzberg Felix F. Canino Larry A. Strauss 222 Lakeview Avenue, Suite 210 West Palm Beach, FL Phone: (561) Fax: (561) June 2004 Page 11

12 Bar s Second Annual Spelling Bee Highlights Hampton Keen gives the thumbs up that is ready for the hard words Pictured above are the spelling bee contestants congratulations to all of them for being good sports and participating in the bee: Art Pumpian, Steve Harris, Bob Bertisch, Scott Zappolo, Mayor Lois Frankel, Claire Dumas, Manny Farach, Kyle Silverman, Edward Shipe, Kathleen Davis, Ken Bonnenberger, Elsa Waite, Hampton Keen along with Literacy Committee Chair Cindy Spall and Bar President Stan Klett. Bard and Kara Rockenbach Meenu Sasser and newly appointed Circuit Court Judge Jonathan Gerber Bill Perry and Cindy and Tom Spall Mayor Lois Frankel Better Copies Come From A Better Copy Center! Legal & Volume Copying Services Color Copying Services Trial Display in Color or Black and White Large Format Color & Graphic Services Pick up & Delivery Family owned and Operated since 1986 A BETTER COPY CENTER Hugh & Sheri McCandless 919 N. Dixie Highway West Palm Beach, FL Phone: Fax: Toll-Free: We re the ones who do the event signs! Staff from Legal Aid came out to support Bob Bertisch: Britt Holm, Tammy & Jorge Anton, Bob Bertisch, Renee Gordon, Maisa Wells and Shahar Pasch Visit the Bar s Website Updated Administrative Orders Registration form for all seminars & events Standards of Professional Courtesy Page 12 Bulletin

13 Does your bank know the difference between res judicata and veal piccata? Even if they know the law, they may not know how to deal with law firms. And that s what makes Mellon United National Bank unique. We understand the special financial requirements of attorneys, and how important it is to be able to respond quickly to a law firm s needs. In fact, we ve gone far beyond other banks by developing an entire program specifically for lawyers. Among other things, it gives our customers direct access to officers who can make decisions without having to deal with layers of bureaucracy. To find out what a bank can really do for a law firm, its partners, staff and clients, send for our brochure, Why we re known as The Lawyers Bank. Or call Bud Osborne, Executive Vice President, at And oh, by the way, res judicata tastes terrible with a lemon sauce. Member FDIC FOCUS ON SUCCESS We ll run the office. Galleria International Office Suites (GICS) provides a wonderful venue for the busy executive like you, who doesn t have time to deal with the nitty-gritty task of running an office. After all, time is money and you ve got places to go and people to meet, right? Not only do we provide affordable, safe and secure office suites and conference rooms in a prestigious corporate penthouse environment, but we also have just about every on-site amenity you ll ever need to keep your business running smoothly. And, our dedicated professional staff is at your service. Whether you require physical office space, or just a distinguished business address and a professional image for your company - GICS offers executive plans that can be specifically tailored to fit your needs. So you can focus on success. GICS is located in downtown West Palm Beach on scenic Clematis Street. Visit our historic owner-managed building, or give us a call at (561) Galleria International Corporate Suites 301 Clematis Street, Suite 3000 West Palm Beach, FL (561) Palm Beach Lakes Boulevard West Palm Beach, Florida CHARLES H. CHUBBY DAMSEL, JR. FEDERAL & CIRCUIT COURT CIVIL MEDIATOR/ARBITRATOR SPECIAL MASTER SUPREME COURT CERTIFICATION NO.5878R Over 40 Years Trial Experience Past President: Palm Beach County Bar Association, Federal Bar Association, Florida Defense Lawyers Association Florida Bar Certified Civil Trial Lawyer Diplomate, Florida Academy of Professional Mediators Facilities Available No Administrative Fees 601 N. Dixie Highway, Suite B West Palm Beach, FL (561) Complete resume: June 2004 Page 13

14 Welcome New Members! The following represents each new member s name, hometown, law school, date of admission to The Florida Bar and law firm association. JESSICA GOLER, White Plains, NY; University of Miami, 2003, Associate with the firm of Nason Yeager Gerson White & Lioce, P.A. in West Palm Beach. ROBERT MAX LOHMAN JR., Indiana; University of Maryland School of Law, 2003, Associate with the firm of Corbett & White, P.A. in Lake Worth. CHRISTOPHER BRYCE ALBU, Boynton Beach; University of Miami, 2003, Associate with the law firm of Reeder & Reeder, P.A. in Jupiter. ROSEANNA BRONHARD, Brooklyn, NY; SUNY Buffalo & NYU, 1990, Associate with the firm of Klaras Group, LLC in Boca Raton. LEE M. COHEN, Toledo, Ohio; University of Miami, 2002, Associate with the law firm of Cole, Scott & Kissane, P.A. in West Palm Beach. BETTEE M. COLLISTER, Binghamton, NY; Nova Southeastern University, 2003, Associate with the law firm of Erik Edward Joh, P.A. in Boynton Beach. SARAH CORTVRIEND, Epping, England; University of Florida, 2003, Associate with the firm of Carlton Fields, P.A. in West Palm Beach. CINDY CRAWFORD, Florida; George Washington University, 2001, Associated with the State Attorney s Office in West Palm Beach. SCOTT J. DONALDSON, Florida; Stetson College of Law, 2003, Associate with the firm Fox, Wackeen, Dungey, Sweet, Beard, Sobel, McCluskey, LLP, in Stuart. CHRISTY GODDEAU, West Palm Beach; Stetson College of Law, 1996, Associate with the firm of Glen J. Torcivia & Associates, P.A. in West Palm Beach. Page 14 COLLEEN HAGGERTY, Waverly, NY; University of Florida, 1984, Sole Practitioner in Boca Raton. NELSON HUNTER, Jamaica, West Indies; Nova Southeastern University, 2003, Sole Practitioner in West Palm Beach. JUSTIN KAM, Johanessburg, South Africa; Nova Southeastern University, 1997, Associate with the firm of Feingold & Kam in Palm Beach Gardens. BRIAN P. KENNEDY, Tampa; Stetson College of Law, 2000, Associate with the firm Nason Yeager Gerson White & Lioce, P.A. in West Palm Beach. JULIA LUYSTER, New Jersey; Baylor University, 1993, Associate with the firm of Bernstein Chackman & Liss in West Palm Beach. BRIAN M. MCPHERSON, West Palm Beach; University of Florida, 2003, Associate with the firm of Gunster, Yoakley & Stewart in West Palm Beach. ELAINE I. PARRIS, Connecticut; University of Florida, 2002, Associate with the firm of Bernstein, Chackman & Liss in West Palm Beach. Gold Coast Orthopedics is pleased to announce that in addition to Regular Office Hours Monday through Friday By Appointment at The Victor Farris Medical Building 1411 North Flagler Drive, Suite 8800 West Palm Beach 1411 North Flagler Drive Eric S. Fishman, M.D. & Gerald T. Stashak, M.D. are also available To Evaluate and Treat Patients at 4300 Northlake Boulevard Palm Beach Gardens By Appointment 4300 Northlake Boulevard Bulletin

15 CHARLES A. REINWALD, Affiliate Member, New York; New York University, President and Founder of Cancer Cure Coalition, Inc. Scarsdale, New York. WILLIAM R. SIEGEL, Cleveland, Ohio; Northwestern University, 1999, Associate with the firm of August, Kulunas & Dawson, P.A. in West Palm Beach. Welcome New Members! MARIE G. VITAL, Port-au-Prince, Haiti; Florida State University, 2002, Associated with the Fifteenth Judicial Circuit of Florida. LAURA A. VOGEL, Deland, Florida; University of Pittsburgh, 2003, Associate with the firm of Alan S. Zangen, P.A. in Wellington. JASON S. WEISS, Brooklyn, NY; University of Miami, 2000, Associate with the firm of Shutts & Bowen in West Palm Beach. HARRISON WHEELER, Ft. Lauderdale, FL; University of Florida, 2002, Associated with the Palm Beach County Attorney s Office, Department of Airports in West Palm Beach. BRIAN E. THOMPSON, West Palm Beach; University of Florida, 2001, Associated with the Fifteenth Judicial Circuit of Florida. OFFICE SPACE AVAILABLE BOCA RATON 37 SE 5th Street Entire First Floor of Two Story Building Beautiful Location Approx sq. feet 24 hr. Access CALL (561) Take advantage of GREAT PRINTING s expertise and make your first impression a powerful and lasting one. Letterheads Envelopes Business Cards/Forms Carbonless Forms Presentation Folders Newsletters Brochures Booklets/Manuals Flyers Labels Calendars And More 1194 Old Dixie Highway Suite 13 Lake Park, FL (561) Fax: (561) Helping resolve disputes with imagination and persistence. Board Certified Civil Trial Lawyer Since 1984 Certified County, Circuit Civil and Family Mediator, Certified Arbitrator Now affiliated with Mediation, Inc. For resume and scheduling call or Direct Lines: Tel: (561) Toll Free: (800) Telecopier: (561) [email protected] Mediation, Inc Palm Beach Lakes Blvd., Suite 600 West Palm Beach, Florida June 2004 Page 15

16 Attention Palm Beach County Bar Association members! Support our Advertisers. Mention that you saw their ad in the Bulletin! CHRIS R. BORGIA, ESQ. MIAMI (305) BROWARD (954) WEST PALM BEACH (561) Visit the Bar s Website Page 16 Bulletin

17 Bankruptcy Update The Pitfalls of Pre-Petition Mortgage Paydowns - Second of Three Parts by Alvin S. Goldstein, Esq., Furr and Cohen, P.A. Imposition of an Equitable Lien In the last edition, the discussion centered around the denial of a debtor s bankruptcy discharge based upon pre-petition mortgage paydowns. A second consideration for the debtor is that, even though his homestead may be constitutionally exempt, the Court may impose an equitable lien on the homestead if the debtor s conduct was sufficiently egregious or if the debtor obtained the funds which were converted into the homestead through means which were actually fraudulent. In Havoco, the Supreme Court discussed at some length, the continuing ability of the Courts to impose equitable liens on homesteads in certain circumstances. In particular, the Havoco Court discussed the continuing unavailability of the homestead exemption for a debtor to shield from his creditors funds obtained by fraud or other reprehensible conduct. Essentially, if a debtor obtains funds by defrauding his creditors and uses these funds to satisfy or reduce a homestead mortgage or otherwise improve his homestead, even under the Havoco ruling, the homestead exemption should not be available to him and a Court can impose an equitable lien on the homestead in the amount of the ill-gotten funds transferred into the homestead. What is still, however, left open for interpretation, is what kind of other reprehensible conduct will provide grounds for a Court to impose an equitable lien on a homestead. In In re Financial Federated Title & Trust, Inc., 273 B.R. 706 (Bankr.S.D.Fla. 2001), the Court found that the funds which the defendants used to purchase their homestead were directly traceable to the funds derived solely from a Ponzi scheme of a related debtor corporation. As a result, even though the defendants were not the debtor before the Court, the Court had the ability to impose an equitable lien on their homestead. The Court reiterated that the imposition of an equitable lien was appropriate where the funds obtained through fraud or egregious conduct can be directly traced to the investment, purchase or improvement of the homestead. 273 B.R Once again, the Court did not expand upon what would constitute egregious conduct sufficient to result in the imposition of an equitable lien on a homestead and in the Financial Federated case it is clear that the basis for the imposition of the equitable lien was the use of funds obtained through the fraud, namely the Ponzi scheme. Recently, in In re Chauncey, 2004 WL (Bankr.S.D.Fla. 2004), Judge Hyman imposed an equitable lien on the homestead of a debtor in the amount of the debtor s prepetition mortgage paydown. In Chauncey, the debtor utilized the proceeds of a personal injury settlement to significantly reduce the outstanding balance on the property which she claimed as her homestead within weeks of her bankruptcy filing. In addition, the Bankruptcy Court denied the debtor her discharge after determining that the facts and circumstances surrounding the pre-petition homestead mortgage paydown constituted a transfer of assets with the intent to hinder, delay or defraud creditors, among other reasons. In reaching its conclusion, the Bankruptcy Court considered the timing of the transfer, which preceded the bankruptcy filing by a matter of days, the fact that the debtor had already consulted with bankruptcy counsel and held off the bankruptcy filing until after accomplishing the mortgage paydown and the fact that the funds were channeled directly from the account of the debtor s personal injury attorney Continued on page 18 A Couple of Reasons to use a Professional Detailer F I N D O H I O I N F L O R I D A Years of proven research and professional experience in personal injury law for both Ohio and Florida. Specializing in civil trial advocacy for the plaintiff in areas of Products Liability, Medical Malpractice, Recreation, Maritime and Aviation Law. L A W R E N C E J. S C A N L O N, E S Q. 400 Key Building 159 South Main Street Akron, Ohio North Military Trail Suite 480 Boca Raton, Florida Royal Harbour Court Suite 914 Ft. Myers, Florida w w w. s c a n l o n c o. c o m June 2004 Page 17

18 Peter M. Schosheim, M.D., F.A.C.S. Board Certified Orthopedist & Marc A. Linden, M.D. Board Certified Neurologist A Complete Medical Litigation Support Organization Expert medical co-counsel to assist attorneys and other consultants in their evaluation and management of medically related legal cases: Malpractice Personal Injury providing experts in all medical disciplines 2255 Glades Road, Suite 200E, Boca Raton, FL Tel: (561) Fax: (561) The Pitfalls of Pre-Petition Mortgage Paydowns (continued from page 17) to the mortgage in a blatant attempt to circumvent and frustrate the efforts of creditors aggressively pursuing the debtor. After denying the debtor her discharge in Chauncey, the Bankruptcy Court then proceeded to impose an equitable lien on the debtor s homestead in the amount of the pre-petition mortgage paydown. The Bankruptcy Court found that the Debtor undertook a carefully planned series of actions to defraud her creditors. As a result of the Bankruptcy Court s ruling, the debtor was essentially hit with a double whammy. She obtained neither the benefit of a bankruptcy discharge nor the benefit of a reduced encumbrance on her homestead. While the Havoco court may have led the debtor to believe that her homestead mortgage reduction could not disturbed and only her bankruptcy discharge was at risk, the Bankruptcy Court determined otherwise on what was essentially egregious conduct of the debtor. Page 18 FOR SERVICE AND PROTECTION YOU CAN T DO BETTER THAN FIRST Alice Meade Account Executive First American Title Insurance Company Kitty Stevens, Esq. Plant Manager Underwriting Counsel Proudly serving First American Agents in Martin & Palm Beach Counties 3222 Commerce Place, Suite C West Palm Beach, FL (561) Fax: (561) Bulletin

19 June 2004 Page 19

20 FIRED OR FORCED TO WITHDRAW? WHAT RIGHTS HAVE YOU TO A FEE? (continued from page 11) is Rosenberg v. Levin, 409 So.2d 1016 (FL 1982). In Rosenberg the Florida Supreme Court ruled that a lawyer discharged without cause is entitled to the reasonable value of his services on the basis of quantum meruit, but recovery is limited to the maximum fee set in the contract entered into for those services. See Rosenberg at In short, when a lawyer who has done substantial work on a case is discharged without cause, the lawyer is entitled to collect the lesser of the contract fee or the quantum meruit value of services. The Rosenberg Rule has been applied strictly across the state and can lead to some harsh results. Even when the contingency has almost occurred at the time of the attorney s discharge, the fee awarded the attorney is limited to the capped quantum meruit amount as provided in Rosenberg. In Schwanebeck v. Calzado, 524 So.2d 478 (FL 3DCA 1988) an attorney who effected settlement for client after being discharged and replaced by another lawyer was found to be entitled only to quantum meruit recovery for services rendered prior to discharge and in Barton v. McGovern, 504 So.2d 457 (FL 1DCA 1987) an attorney was discharged after a settlement agreement was announced in open court, but before it was reduced to writing and was entitled only to quantum meruit recovery for his services, limited by the maximum fee set forth in the contract. Faro v. Romani and Farish, 641 So. 2d 69 (FL 1994) at first blush, might be read to disallow a fee even when the attorney is constructively discharged. However, in Faro the client did not lay down an ultimatum. Instead, the lawyer chose to withdraw after realizing that the client would not accept what the lawyer thought was reasonable settlement offer. However, since settlement is solely the province of the client, that withdrawal, based on the refusal to accept a settlement, was not a constructive discharge and a fee was not allowed. That same analysis also distinguishes Mary Kay v. Home Depot, 623 So. 2d 764 (FL 1993). In Mary Kay, the lawsuit had been pending for some time and clearly the lawyer had done a considerable amount of work in the case. The client would not accept a settlement offer one week before trial. That refusal maddened the lawyer and he did in fact withdraw. However, as is explained above, the decision of whether or not to accept a settlement proposal is the province of the client. Jeff Albinson is an AV rated lawyer practicing with Marshall, Dennehey, Coleman Warner & Goggin in Tampa. His statewide practice focuses on malpractice defense and professional license defense including grievance proceedings before The Florida Bar. He also works with law firms throughout the state in the area of risk management conducting practice management consultations to help colleagues avoid risk. He can be reached at or at [email protected]. Page 20 Bulletin

21 ALEXANDER SANDY MYERS FLORIDA SUPREME COURT CERTIFIED MEDIATOR & ARBITRATOR CIVIL & FAMILY 34 Years as a Trial Lawyer Board Certified since 1983 Member of the National Arbitration Forum 1655 Palm Beach Lakes Blvd., West Palm Beach, FL Telephone: (561) Fax: (561) Contact us at Available to Mediate/Arbitrate: Commercial and Contract Litigation; Personal Injury; all Divorce-related matters; pre-suit mediation; and Private Judging (as per F.S ). Photo Answers: Ron Alvarez Jerry Beer Melanie Jacobson Al LaSorte Robert Sellars Moving? Send us your updated address, phone, fax & Need CLE Credit? The Palm Beach County Bar Association has a large library of audiotapes available if you are in need of some extra CLER credit hours. Be sure to check the Bar s website at to download the complete list of tapes available, see the insert in this issue, or call to have an order form faxed to you. June 2004 Page 21

22 POSITIONS AVAILABLE: PRIORITY STAFFING SOLUTIONS: We provide Experienced Legal Secretaries, Paralegals & Receptionists for temporary and permanent placements. Owner, Legal Assistant with over 20 years exp. In WPBqualified to fill your position with candidates experienced in your particular field of law. (561) , fax (561) ASSOCIATE ATTORNEY: West Palm Beach & Pt. St. Lucie law firm seeks associate in extremely busy Plaintiff s litigation law firm. Some experience preferable. Willing to train in Personal Injury, Employment Discrimination, Workers Compensation and Social Security Disability. Salary Commensurate with experience. Fax resume to SMALL WEST PALM BEACH AV rated firm seeks trusts and estates/probate attorney with a minimum 3-5 years experience and LLM required. Excellent career opportunity. Fax resume to LITIGATION ASSOCIATE- AV rated trial firm has position available in our downtown Orlando office. Seek attorney with 1-4 years litigation/trial practice experience. You may fax or your resume to Bobo, Ciotoli et al, 561/ or [email protected] Page 22 *** Ad Rates *** CLASSIFIED ADVERTISING RATES: TO PLACE AN AD: 1) Please fax all ads to 561/ by the 1st of the month for the following month s publication. 2) Upon receipt you will be notified of cost. 3) Send payment by the 1st of the month. 4) Cost: 50 words or less $30, words $35, up to 75 words with a box $45. 5) Members receive 3 months free advertising/year (excluding professional announcements). Ads will only be re-run by refaxing ad to 561/ Web-site advertising is also available for a cost of $25 for a two week run. Payment must be received prior to publication and renewable only upon receipt of next payment. The Palm Beach County Bar Association, its officers, directors, and staff do not endorse any product or service advertised. Bulletin Board PROFESSIONAL ANNOUNCEMENTS: The following announce their availability for referral, assistance and consultation. BOB SORGINI: Probate Litigation, including will contests, establishment of lost wills, removal proceedings, surcharge, actions to determine beneficiaries & actions to construe a will. AV rated by Martindale- Hubbell Law Directory. Selected by Best Lawyers in America to be included in the 2001 Best Lawyers Consumer Guide. 300 N. Federal Highway, Lake Worth, FL 33460; (561) SCOTT SUSKAUER: Board Certified Criminal Trial Lawyer. All criminal matters in State and Federal Court including felonies, misdemeanors, DUI and traffic matters, 1601 Forum Place, Ste. 1200, WPB, FL 33401; GREGORY TENDRICH: Former Vice President and in-house counsel to national and regional NYSE & NASD brokerage firms, is available to accept referrals, provide consultation or assist in all securities investor related litigation and arbitrations involving stock broker misconduct, fraud, misrepresentation, churning and suitability. Call or [email protected]. MARK R. HANSON: All admiralty and maritime matters, including personal injury actions, boating accidents, cruise line injuries and insurance claims. 240 Tenth Street, West Palm Beach, FL 33401, (561) [email protected]. THOMAS R. BAKER, III: Establishment and maintenance of guardianships for property of minors as a result of personal injury settlements, including approval of settlements. 250 South Central Blvd., Ste. 203, Jupiter, FL 33458; (561) KEVAN BOYLES: Contributing Fellow National Network of Estate Planning Attorneys. Probate; Guardianship (Minors); Special Needs and Protective Trusts; Estate Planning (Financial Retirement, Business Succession, Charitable, Medical, Disability, Legacy and Gift); Estate and Gift Tax Returns. 350 Royal Palm Way, Ste. 405, Palm Beach, FL 33480; (561) OFFICE SPACE EXECUTIVE SUITE/OFFICE SPACE- WPB- Forum Area, east of I-95. Single offices available with secretarial space. Office set up with conference rooms, library, parking, full kitchen, and reception area. For more information call (561) OFFICE SPACE TO SUBLEASE- Personal injury attorney looking to sublease office space (enough for lawyer and one staff) at 2090 Palm Beach Lakes Blvd. (IKON Building). I will share my copier, phone system, and kitchen, as part of the sublease. Call Craig Goldenfarb, at HOLLYWOOD- Luxurious, windowed large office in a well-known law firm in Hollywood. Covered parking, electric, local phone, DSL line, waiting & conference room access, receptionist and furnished secretarial space. Opportunity for extraordinary overflow referrals. Convenient to Dade & Broward Courthouses. Great opportunity for a med-mal and/or pip and/or social security attorney. $2, a month, nonnegotiable. Call David W. Singer at (954) BOCA OFFICE FOR RENT- 1-2 offices, 1 large w/window & 1 small w/o window offices available August All services. Beautiful bldg & suite, Glades Rd/I SHARE JUPITER OFFICE SPACE: Jupiter attorney has extra furnished office and secretarial station. All services, plus private kitchen and bathroom LAW OFFICE DOWNTOWN WPBfurnished attorney s office and secretarial station available for immediate occupancy just minutes to the courthouse. Includes law library, 2 conference rooms, kitchen, 3 bathrooms and reception in a single story building with 3 other attorneys. Will share copier and facsimile machines. $1,350/month. Call Gregory or Geoffrey Burdick at or at [email protected]. OFFICE SPACE- Elder Law, Business Law solo attorney has class A building 16X11 office- Reception-Secretary available; possible referrals BOCA RATON OFFICE SPACE AVAILABLE- Law office-space available for lease in prime Boca Raton locationcomplete amenities available- contact Chris at Bulletin

23 ONE OR TWO OFFICES AVAILABLE IN CORPORATE LAW FIRM SUITE on Palm Beach Lakes Blvd. Full use of all services, including DSL. Opportunity for litigation and other referrals. Please call NORTH PALM BEACH: Elegant Law Office Suite of 7473 Sq. Ft. in Prestigious Professional Center on U.S. 1. Includes Formal Conference Room (with Intercoastal View) Functional Library, Full Kitchen & Reception Area, and on site Management. Call JUPITER OFFICE SHARING: New office at Jupiter Gardens (South Central Blvd.). Room for attorney and 1 secretary. Copies, reception area, kitchen, conference room available. Call Tom Baker (561) SOLO ATTORNEY LOOKING TO SHARE OFFICE SPACE in Boca. Seeking existing office or individual wishing to find space to share, beginning January Contact Randy Zeldin, SHARE/SUBLET JUPITER: First Class Space. Conference room, Kitchen, Multiple phone line capability, Receptionist, High- Speed internet, furnished or unfurnished. One or more offices and secretarial areas. Call Earl AVAILABLE FOR IMMEDIATE OCCUPANCY Full Floor at Flagler Center, 10,984 sq. ft. 505 S. Flagler Drive, West Palm Beach. Former Morgan Stanley Office. For rates and additional information, Contact: Tom Burst, Burst Commercial Real Estate Services, Inc. (561) ; fax: (561) ; Cell: (561) [email protected]. WPB DOWNTOWN HISTORIC 2- STORY HOUSE FOR SALE: Near Flagler, hospital, and courthouse. Renovated, like new. Plenty of parking, hardwood floors, fireplace. Nicely landscaped with fruit trees. Perfect law office. Move-in condition, charming. $495k. Call HEARSAY Jones, Foster, Johnston & Stubbs, P.A. announces that Scott G. Hawkins was elected to The Florida Bar Board of Governors on June 25, The firm also announces that Larry B. Alexander, Scott G. Hawkins, Sidney A. Stubbs and H. Adams Weaver have been named Florida s Legal Elite in Florida Trend Magazine s July 2004 issue. Bulletin Board Dryer Alexander Jones, Foster, Johnston & Stubbs, P.A. announces that David E. Dreyer has been appointed to the Fifteenth Judicial Circuit Judicial Nominating Committee. Mr. Dreyer concentrates his practice in the areas of taxation, estate planning and trust and estate administration. The firm also announces that Larry B. Ben Alexander, Jr. has joined the firm as an associate in its Real Estate Department. He will concentrate his practice in the areas of commercial real estate transactions, real estate finance and acquisition and real estate disposition. Lisa Quarrie, an attorney with Broad and Cassel, was recently installed as President of the F. Malcolm Cunningham, Sr. Bar Association and will serve until June The law firm of Lytal, Reiter, Clark, Fountain & Williams, LLP, is pleased to announce that attorneys Lake Lytal, Jr., Joseph J. Reiter and David C. Prather have been selected for inclusion in Florida Trend s 2004 listing of Florida Legal Elite Civil Trial Attorneys. The law firm of Liggio Benrubi & Williams is proud to announce that Edrick E. Barnes has joined the firm as an associate. Mr. Barnes will concentrate his practice in the areas of bad faith, insurance claims, personal injury and wrongful death litigation. Stephanie Russo, an associate with the law firm of Fowler White Boggs Banker, has been certified in Health Law by the Florida Bar s Board of Legal Specialization and Education. Attorney Darla L. Keen has joined the West Palm Beach plaintiff s personal injury law firm of Lytal, Reiter, Clark, Fountain & Williams, LLP, as an associate. Ms. Keen will concentrate her practice in the areas of medical malpractice, nursing home negligence, personal injury and wrongful death litigation. MISCELLANEOUS For Sale 1985 BMW 635 CSI, 84K miles, blue with tan leather interior. Excellent condition. Must sell since we now have a company car. Asking $9, Call or [email protected]. TO ALL ATTORNEYS: I am trying to determine if anyone has written a Last Will and Testament for Dolores A. Coran, late, of 500 Bonnie Boulevard, Apartment 171, Palm Springs, Palm Beach County, FL Mrs. Coran was born in Worcester, Massachusetts, on June 19, 1933, and her Social Security Number is If anyone has written a Last Will and Testament for Mrs. Coran, please contact Thomas N. Silverman at ESTATE OF WILLIAM W. SHEAFFER: We are looking for any will, codicil, trust or trust amendment signed by William W. Sheaffer between 1993 and Please contact William Manikas, (561) , or [email protected]. REQUEST FOR PROPOSAL: Palm Beach County Board of County Commissioners is accepting proposals for CONTRACT SERVICES FOR AIRPORT- RELATED BANKRUPTCY LEGAL SERVICES. If you would like one of the RFP s, please call (561) or pick it up at: Palm Beach County Attorney s Office, 301 N. Olive Ave., Ste. 601, West Palm Beach, FL Six (6) copies of each proposal submitted in response to the RFP must be received at the Palm Beach County Attorney s Office no later than Friday, September 3, June 2004 Page 23

24 Monday, September 6 Labor Day COURT HOLIDAY Tuesday, September 7 NCS Board Meeting Thursday, September 9, 5:30 p.m. Special Needs of Children Happy Hour to benefit National Adoption Day E. R. Bradley s, West Palm Beach Friday, September 10, 8:00 a.m. ADR Committee Meeting Bar Association Office Friday, September 10 Legal Aid Golf Tournament BallenIsles Country Club Tuesday, September 14, 12 noon YLS Executive Committee Meeting Bar Association Office Calendar September 2004 Thursday, September 16 Rosh Hashanah COURT HOLIDAY Saturday, September 18 Literacy Coalition s Great Grown Up Spelling Bee Wednesday, September 22 5:30 p.m. Criminal Defense Lawyers Happy Hour Contact Nellie King for info Wednesday, September 22 5:30 p.m. Legal Aid Board of Directors Meeting Thursday, September 23, 5:30 p.m. Board of Directors Meeting Bar Association Office Thursday, September 23, 6:00 p.m. PB Cty Trial Lawyers Assn. Meeting Contact Susan Glick for info (561) Friday, September 24, 12 noon Federal Bar Association Meeting The Colony Hotel Contact Judy Wilkinson at for info Thursday, September 30, 5:30 p.m. North County Section Happy Hour Marc s in Jupiter PALM BEACH COUNTY BAR ASSOCIATION 1601 Belvedere Road, Suite 302 East, West Palm Beach, FL PAST PRESIDENTS... M.D. CARMICHAEL* RICHARD P. ROBBINS* L.R. BAKER* HARRY A. JOHNSTON* GEORGE W. COLEMAN* H.C. FISHER**** MARSHALL B. WOOD* E. HARRIS DREW*** B.F. PATY* JOSEPH S. WHITE* HENRY P. LILIENTHAL* MANLEY P. CALDWELL* WILBUR E. COOK* W. MURRAY HAMNER* RICHARD PRESCOTT* RUSSELL MORROW* CULVER SMITH* RAYMOND ALLEY* C.Y. BYRD* WILLARD UTLEY* C.H. ERNEST* PAUL W. POTTER* WAREING T. MILLER* CHARLES B. FULTON***** J. LEO CHAPMAN* ELWYN L. MIDDLETON* H. ELMO ROBINSON* J. STOCKTON BRYAN, JR. HAROLD G. MAASS ROBERT F. CROMWELL CHARLES H. WARWICK III PHILLIP D. ANDERSON FREDERICK C. PRIOR JAMES C. DOWNEY* WILLIAM A. FOSTER ALAN F. BRACKETT* ROBERT D. TYLANDER ROBERT McK FOSTER* * DECEASED ** FLORIDA BAR PRESIDENT *** DECEASED, FLORIDA BAR PRESIDENT, SUPREME COURT JUSTICE **** DECEASED, FLORIDA BAR PRESIDENT ***** DECEASED, FLORIDA BAR PRESIDENT, FEDERAL COURT JUDGE JOHN M. FARRELL H. LAURENCE COOPER, JR. JOHN R. DAY JOHN L. BURNS HARRY JOHNSTON II GAVIN LETTS* JAMES S. ROBINSON CHARLES H. DAMSEL, JR. EDWARD LEWIS RAYMOND ROYCE PETER VAN ANDEL LARRY KLEIN THEODORE BABBITT JOHN FLANIGAN SIDNEY A STUBBS, JR. JOSEPH J. REITER** JOHN B. McCRACKEN DAVID L. ROTH D. CULVER SMITH III TIMOTHY W. GASKILL ARTHUR G. WROBLE GUY C. HILL PATRICK J. CASEY JAMES G. PRESSLY, JR. PATRICK C. MASSA STEVEN A. STINSON CARL M. MATHISON, JR. ROBERT V. ROMANI* MICHAEL P. WALSH JULIEANN ALLISON MICHAEL A. VISCOMI CAROL McLEAN BREWER JERALD S. BEER JOHN G. WHITE III MICHAEL T. KRANZ EDWARD DOWNEY SCOTT G. HAWKINS AMY L. SMITH GREGORY W. COLEMAN LISA S. SMALL