Published Monthly by The Tallahassee Bar Association. Enhancing the Profession Promoting Fellowship Serving the Community

Transcription

1 THE TALLAHASSEE September 2011 BAR BULLETIN Published Monthly by The Tallahassee Bar Association Enhancing the Profession Promoting Fellowship Serving the Community O n Monday, August 15, the Second Circuit Judicial Nominating Commission announced a vacancy for circuit judge as a result of the retirement of our long-time Circuit Judge N. Sanders Sauls effective August 31, Having appeared before him on numerous occasions, I can certainly say that he will be sorely missed. Hopefully, he will still come to see us at our TBA meetings. Nevertheless, his position must be filled. As President of the TBA, I urge each of our members who have considered sitting as a circuit judge to apply for this position if you feel qualified to do so. As a practicing attorney in the Second Judicial Circuit, I know that this is a very important position and one which requires insight, patience and a superior work ethic. In considering whether to apply, note the following: Some non-lawyers (and even some younger lawyers) may believe that the position of circuit judge is a IN THIS EDITION: President s Message Kathy J. Maus, TBA President Simple one. After all, a judge only has to rule on matters brought before him or her by the lawyers in the case. The lawyers do all of the work, gathering the authorities on each side of the question and presenting them to the judge. The judge merely makes a reasoned decision based on what the lawyers present. Moreover, judges are employees of the state; they get to punch out at 5:00 o'clock and go home, right??? No grinding out the hours and working weekends like a practicing lawyer.... Not so! As I am now in my twenty-first year as a practicing attorney, having tried no fewer than 25 civil cases to verdict and obtaining board certification as a civil trial lawyer, I know that service as a judge in Florida's state courts is radically different from the above stated misconceptions. Managing overly burdened court dockets requires diligence and impressive organizational skills. Handling lawyers and pro se litigants, each one passionate about their case, requires patience, intellect and control. The modern day jury trial presents an even more intense experience. Twelve to fourteen hour days for the judges is the norm, often with motions and preliminary matters addressed to the court before seating the jury each day, and more argument and judicial rulings to be addressed when the jury is dismissed following a long day of trial. Many trial judges work as hard, if not harder, than the lawyers, including working into the evenings and on weekends, reading case law citations, reviewing and revising jury instructions and considering motions filed during the trial. In addition, the judge must still address pressing matters arising in other cases on the court's docket at the same time. Added to this workload is the fact that some attorneys come to court less than fully prepared or bring unsupported motions or case law inapposite to the issue. The court continued on page 2 Next TBA Meeting Tuesday, Sept. 6, 2011 Capital City Country Club 6:00pm Networking Hour 7:00pm Buffet Dinner/Networking Cost: $25 TBA members/$30 Non-members RSVPs REQUIRED! RSVP: or arrantk@tallahasseebar.org Board of Governor s Report... Page 3 Legal Aid Corner... Page 4 Members in the News News... Page 5 YLS News... Page 6

2 President s Message continued often must take it upon himself or herself to find the right answer in a search for the truth. It quickly becomes clear that the work of a circuit judge requires the patience of Job. Finally, consider the vast spectrum of law a circuit judge must master in order to be effective. The word circuit was originally used to describe judges who travelled throughout a designated area to hear various cases within the court's jurisdiction. The modern counterpart does much the same thing, rotating judges among assignments on the civil, criminal and family law benches, also rotating among some counties within the circuit. Attempting to master civil, criminal and family law is a considerable endeavor. But circuit judges also hear state and local tax matters, legal and equitable matters, insurance disputes, contractual disputes and a vast array of tort claims. All of this leads to the point of this article. Although not a simple task, serving as a judge is vitally important to our community and our judicial system. We need qualified candidates who want to serve to apply. The TBA has a plethora of highly intellectual, compassionate, organized and patient individuals who would serve our community well. I urge each of you who possesses these qualities to apply for this position. We have been blessed in the Second Circuit with intelligent, patient and impartial judges. I, for one, would like to see that tradition continued. Applicants must have been members of The Florida Bar for the past five years, must be electors of the State of Florida, and must reside within the Second Judicial Circuit. Application forms are available on the Florida Bar web site: An original and nine (9) copies of the completed application must be delivered no later than 5:00 p.m. on September 12, 2011, to: Donald Hinkle Chair, Second Judicial Circuit Nominating Commission Hinkle and Foran 3500 Financial Plaza, Suite 350 Tallahassee, Florida, Commission members will evaluate all applicants. Upon completion of the evaluation process, the JNC will submit no more than six (6) names for the Governor's consideration. Interviews of the applicants will be conducted on September 27 and/or 28 at a location to be announced. I look forward to seeing many of the members of TBA apply for this position and to help further strengthen our judiciary. SAVE THE DATE TBA/LAF Annual Chili Cook Off Wednesday, Jan. 25, 2012 Goodwood Museum and Gardens September: TBA Meeting Tues. Sept. 6, 2011 Capital City Country Club October: TBA Meeting Tuesday, Oct. 4, 2011 Justice Joseph Lewis Capital City Country Club November: TBA Meeting Tuesday, Nov. 1, 2011 The Florida Bar President, Scott Hawkins Capital City Country Club 2 Tallahassee Bar Bulletin September 2011

3 Board Of Governors Report JULY 2011 William H. Davis The Board of Governors met in West Palm Beach on July Here are some of the highlights of our meeting: Chief Justice Charles Canady warned that the courts still face money shortfalls because funding remains heavily reliant on foreclosure filing fees. He said foreclosures have increased slightly from earlier in the year but not enough to meet the revenue projections that legislators used in setting the courts' budget. Without a further significant increase in these filings, the courts will have to go back to lawmakers and the governor for additional loans to make it through the fiscal year, which began with a $54 million loan from the state. The Chief Justice said that the judicial branch needs to seek a funding arrangement that is reliable. The Board recommended the Supreme Court approve expedited amendments developed by the Civil Procedure Rules Committee. These rules are the first codification in Florida procedural rules for handling electronic discovery. They are based, with some changes, on the federal rules. The Board considered a number of proposals from the ABA Commission on Ethics The Board voted to support the recommendation that attorneys from other countries may engage in limited and temporary practice in Florida, since this tracks the Florida Supreme Court's rule on multijurisdictional practice. However, the Board objected, based on the recommendation of the Standing Committee on the Unlicensed Practice of Law, to three other proposed changes. These would allow attorneys from other states to practice for a certain amount of time, to be determined by the Supreme Court, either as attorneys or authorized house counsel while their petition to join The Florida Bar or to become an authorized house counsel is pending; to allow a lawyer licensed in another country to appear pro hac vice in Florida; and to allow attorneys licensed in other counties to become authorized house counsel in Florida. In addition, the Board expressed concerns about changes to two preliminary proposals affecting outsourcing of legal services and on technology, because these suggested changes are less strict than current Florida Supreme Court rules. The Board approved adding two new areas to the profile that members may post on their member page on the Bar's website. One is to allow lawyers to list their certification in civil and/or family law by the National Board of Trial Advocacy. The other allows eligible attorneys to indicate if they are a civil law notary, which in turn allows them to assist in Hague Convention issues worldwide. Florida Bar Foundation President Michele Cummings reported that Florida IOTA income has declined 88 percent because of low interest rates, with little improvement expected until late next year at the soonest. The Foundation has used most of its reserves set aside for difficult economic times, she said, and is now exploring working with banks and capital markets on getting a loan to help continue funding legal aid programs, with the loan to be repaid when interest rates recover. As usual, we heard reports from a number of our committees. Of particular note, the Program Evaluation Committee will be examining ways of providing government lawyers with additional opportunities to participate in the activities of the Bar and the Board and to have their voices heard. We know this a matter of considerable interest in our circuit and we welcome your suggestions. The Communications Committee is working at improving all levels of Bar communications, particularly during the legislative session. President Hawkins recently sent a short video to all Bar members via . A similar video report from the President is planned quarterly.. The Disciplinary Procedure Committee will be recommending a change to trust accounting regulations to require law firms to have written policies spelling out who in the firm is responsible for trust accounts and the duties of other partners and associates. The committee is soliciting sample policies from lawyer and law firms so one or may may be included in the rules. The change recognizes the reality that in many firms, especially large firms, associates and some partners have little effective control or oversight of trust funds. Finally, the Executive Director reported that 3,500 people the largest number ever were taking the next bar exam. He said typically 75 to 78 percent pass and become Bar members. This increase in new members, combined with another trend of fewer older lawyers choosing to retire, is leading to a rapid growth in Bar membership. Our next meeting is scheduled for October In the meantime, please contact us if you have questions or we may be of any service. WILLIAM H. DAVIS September Tallahassee Bar Bulletin 3

4 L A C Thank you to the following attorneys and their firms for their commitment and time to ensure that everyone has access to justice regardless of their income. "I will LEGAL AID CORNER never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God. Thanks to all the attorneys who volunteered 7/1/2011-8/31/2011: (Excerpt from The Oath of The Florida Bar) Attorney Firm David Abrams Chris Barkas John Blade Thomas Brooks Cydnee Brown Jeffrey Brown Kevin Carroll Catherine Chapman Collin Cherry Robert Churchill Richard Coombs William Cotterall William Crawford Benjamin Crump Meghan Daigle Cecil Davis, Jr. Johnny Devine Holly Dincman Michael Donaldson Kimberly Driggers Linda Edwards Bob Goldman Richard Greenberg James Gustafson Robert Harper, III Bill Hollimon Wiley Horton Stephen Johnson Melissa VanSickle Professionalism Counts Brought to you by the Professionalism Committee E.C. Deeno Kitchen, Chairman Law Office of David Abrams Carr Allison Law Office of John Blade Meyer and Brooks, P.A. Law Office of Cydnee Brown Oertel Fernandez Cole & Bryant, P.A. Ausley & McMullen, P.A. Guilday Tucker Schwartz & Simpson, P.A. Law Office of Collin Cherry Law Office of Robert Churchill Butler Pappas et al The Cotterall Law Firm Thompson, Crawford & Smiley Parks & Crump, LLC Law Office of Meghan Daigle Banker Lopez Gassler, P.A. Law Office of Johnny Devine Coppins, Monroe, Adkins & Dincman Carlton Fields, PA Brooks, LeBoeuf et al Rumberger, Kirk & Caldwell Madsen Goldman & Holcomb, LLP Rumberger, Kirk & Caldwell Searcy, Denny, Scarola, Barnhart & Shipley, P.A. Harper and Harper & Associates, P.A. Hollimon, P.A. The Pennington Law Firm Law Office of Stephen Johnson Clark, Partington, Hart "Courage is best defined as grace under pressure." Earnest Hemmingway. MEDIATION RICHARD A. TANNER, ESQ. Certified Mediator Tallahassee, Orlando, Tampa / rt7@dbksmn.com BIO: FL SCt Cert.Civ.Cir.Mediator 4 Tallahassee Bar Bulletin September 2011

5 T BA MEMBERS IN THE NEWS TBA Members Bob McClure, Marion Lamb and Judge William H. Stafford were honored as 50- year members of The Florida Bar at the Annual Meeting in June. They all received a silver tray commemorating this honor. The lawyers and staff of Corry & Kennedy, P.A. congratulate Cameron M. Kennedy on his recognition in the 2011 edition of Florida Super Lawyers Rising Stars in the area of Personal Injury Law. No more than 5 percent of lawyers in Florida are selected by their peers each year for this honor. JOHN O. WILLIAMS MEDIATION FAMILY LAW & CIRCUIT CIVIL 211 E. VIRGINIA STREET - TALLAHASSEE, FL PH FAX JWilli7012@aol.com Board Certified Family Lawyer RETIRED CIRCUIT JUDGE - OVER 45 YEARS EXPERIENCE Criminal Law DUI Family Law Child Support Probate Wills Trust Legislative Consulting CHARLES D. MCCLURE ATTORNEY AT LAW September 2011 Tallahassee Bar Bulletin 5

6 Golf Tournament September 9, Capital City Country Club (see additional info on page 8) Monthly Social September 29, 5:30 p.m., Krewe de Gras Docket Call Upcoming Young Lawyer Events Happy Hour Reception October 3, Club 101 (after new lawyer swearing in) Afternoon In The Court House October 13, Noon, Leon County Courthouse (see additional info below) Monthly Social October 27,5:30 p.m., Chez Pierre TBA Christmas Party December 6 (details TBA) Don't forget to join us on Facebook: 6TH ANNUAL AFTERNOON IN THE COURTHOUSE Presented by the Tallahassee Bar Association Young Lawyers Section in Coordination with the Second Judicial Circuit of Florida Thursday, October 13, :30 p.m.-5:00 p.m. Leon County Courthouse The afternoon will include an introduction to the judicial staff, court administration, related court system organizations, and a panel discussion on professionalism by local county and circuit judges. To register or for more information, please contact Rebekah Smith at Rebekah@dunlapshipman.com or Mary Linzee Van Leuven at mvanleuven@wggdlaw.com. FOR RENT 3 Downtown, individual offices located 1 block south of the Leon County Courthouse and two blocks from the Capitol. Parking available on Calhoun Street. Great location for an attorney or lobbyist needing access to courthouse or Capitol. Contact Bob Cox at Tallahassee Bar Bulletin September 2011

7 On Saturday, July 23, 2011, the Young Lawyers' Section of the Tallahassee Bar Association put on its 15th Annual Christmas in July event for children in Leon County's foster care system. Partnering with the Tallahassee Area Foster Parents Association, Inc., we were delighted to welcome approximately 90 children for a fun-filled afternoon of roller skating, pizza, hot dogs, cookies and drinks. To complete the festivities, Santa Claus (played by Fred Aschauer) had a hug and a Christmas present for each child. The board members of the Young Lawyers' Section worked very hard to put this event together, and through their dedicated work the event went off without a hitch. Dexter W. Douglass was President of the Young Lawyers Division of The Florida Bar 50 years before Sean Desmond! There has not been another YLD President from Tallahassee during that time. But this event would not be possible without the generous contributions and volunteer work of many in our community. The Young Lawyers' Section would like to express its sincere thanks to the following local businesses, attorneys, and friends for their generosity and participation: Gregory M. Noonan of Corry & Kennedy, P.A. was recently appointed to the Florida Bar Young Lawyers Division Board of Governors. He was sworn in to the Board on June 24th at the Florida Bar Annual Convention in Orlando. YLS Members who headed up Christmas in July September 2011 Tallahassee Bar Bulletin 7

8 Kathy Maus James E. Messer, Jr Melissa VanSickle John Maceluch, Jr J. Stanley Chapman Richard B. Collins Ben Crump Will Hall (YLS Rep.) Jana McConnaughhay Thomas L. Powell (Sr. Rep.) Sunita Smith EX-OFFICIO DIRECTORS William H. Davis Marilyn K. Morris (LAF) x 100 Terrell C. Madigan Larry Sellers Tallahassee Bar Association Leon County Courthouse 301 S. Monroe St., Suite 108 Post Office Box 813 Tallahassee, FL Phone Fax Ben Bush Andrew Manko Darby Scott Matt Bernier Acima Blagg X102 Ben Gibson Steve Messer Greg Noonan Martin Powell Lauren Ryan (LS Rep.) Robert Scott Rebekah Smith Mary Linzee VanLuven Clint Wallace Michael T. Ruff Immediate Past President x3154 Friday, September 9, Capital City Country Club 9:00 am Shotgun Start - Best Ball Tournament - Grilled Lunch following the Tournament 8 Tallahassee Bar Bulletin September 2011 Young Lawyer's Section of the Tallahassee Bar Association Annual Golf Tournament Proceeds will go to the TBA Young Lawyer's Section to fund its charitable causes, including the Christmas in July program benefitting local foster children REGISTRATION FEES: $65 per person ($60 law students) - includes greens fees, cart, range balls, beverage cart tickets, and lunch. $5 Mulligans (raffle tickets) available for purchase with registration or available at the door $150 Tee or Green Sponsorships: Have your business or firm showcased at the tournament. Raffle Prizes: Donate raffle prizes for the betterment of the tournament. PRIZES: Best/Worst Teams, Closest to the Pin, and Longest Drive (Women and Men) Door/Raffle Prizes will also be given out during lunch at the awards ceremony following the tournament. The more mulligans you buy, the better your chances! The tournament is open to all (tournament play and sponsorships are open to lawyers and non-lawyers alike) Address inquiries to Matt Bernier: mbernier@carltonfields.com or Robert Scott: rscott@scottandwallacelaw.com