2014 LEGAL MALPRACTICE SUMMIT SOUTHEAST OCTOBER 10, 2014 8:30 am - 3:30 pm 110 Tower Building 110 SE 6th Street, Ft. Lauderdale, FL 6 Florida Bar CLE credits (Approval Pending)
A MESSAGE FROM FLORIDA LAWYERS MUTUAL Welcome Summit Attendees William E. Loucks Welcome and thank you for attending the 2014 Legal Malpractice Summit presented by FLMIC in partnership with the Broward County Bar Association as part of Florida Lawyers Mutual s celebration of its 25 years of service to its policyholders and to the Florida legal community. Legal malpractice insurance was either not offered or prohibitively priced by insurance companies due to a number of events and causes that occurred in the late 1970 s and early 1980 s. Those circumstances led to The Florida Bar s creation of Florida Lawyers Mutual Insurance Company, a mutual company owned by its policyholders, with the primary mission of being a perpetual source of professional liability insurance and related services to qualified lawyers who practice in Florida. history, FLMIC has been significantly involved in providing ways and opportunities to improve the competency, ethics, civility and professionalism of its policyholders and of all members of The Florida Bar. FLMIC often implements this goal by partnering with various Sections, Divisions and Committees of The Florida Bar and many local bar associations. I am confident the Summit will be informative and assist you in establishing and implementing a successful risk management and avoidance program within your law firm. On behalf of its directors, officers and staff, thank you for allowing Florida Lawyers Mutual to be of service to you then, now and tomorrow. Enjoy the Summit with our best wishes. Florida Lawyers Mutual has fulfilled its primary mission since issuing its first policies in 1989. Additionally, during its 25 year William E. Loucks CEO/President, FLMIC PRESENTED WITH: Broward County Bar Association The Broward County Bar Association, a not-for-profit organization, was founded in 1925 to foster courtesy, ethics, and professionalism among lawyers, to educate the citizens of Broward County on their legal rights, and to provide necessary legal services to Broward County s residents. 2 flmic.com
Then, Now and Tomorrow Officers Ray Ferrero, r ro Jr. William E. Loucks Chairman President/CEO Ft. Lauderdale Orange City Ava K. Doppelt Secretary Orlando Philip A. Disque Treasurer Ft. Lauderdale Jason A. Fogg Chief Operating Officer Oviedo Apply Now We ve built our reputation on vigorously defending yours. Visit Our Website flmic.com 3
SUMMIT AGENDA 8:30-8:55 am Registration 8:55-9:00 am Welcome John Jordan, Esq., President Broward County Bar Association Juliet Roulhac, Esq., FLMIC Director 9:00-9:50 am What To Do If You Have An Oh, No! Moment: Overview of Legal Malpractice Claims and Professional Liability Insurance Panelists: M. Benjamin Murphey, Esq. Deborah P. FitzGerald, Esq. Wendy J. Stein, Esq. 10:00-10:50 am Technology Preventing Malpractice Charles A. Morehead, III, Esq. 11:00-11:50 am Case Law Update: Panelists: Emily Romano, Esq. Kelly Vogt, Esq. Cherine Smith Valbrun, Esq. 12:00-1:20 pm LUNCHEON SPEAKER The Honorable Judge Alan Forst, Fourth District Court of Appeal Introduced by Juliet Roulhac, Esq., FLMIC Director Professionalism A View from the Appellate Bench Buffet Lunch for Attendees; Presentation to begin 12:20 (See Page 6) 1:30-2:20 pm Avoiding Ethical and Malpractice Risks in the Courtroom Moderator: D. David Keller, Esq. Panelists: The Honorable Judge William P. Dimitrouleas, U.S. District Court for the Southern District of Florida The Honorable Judge Jeffrey E. Streitfeld, 17th Judicial Circuit Court of Florida The Honorable Judge Alfred J. Horowitz, 17th Judicial Circuit Court of Florida 2:30-3:20 pm The ABCs of Bar Grievances Moderator: Ken Joyce, Esq. Panelists: Alan Pascal, Esq., Florida Bar Counsel, Ft. Lauderdale Kevin P. Tynan, Esq. 3:20-3:30 pm Closing Remarks Deborah P. FitzGerald, Esq. Juliet Roulhac, Esq., FLMIC Director 4 flmic.com
PARTICIPANTS The Honorable Judge William P. Dimitrouleas The Honorable Judge William P. Dimitrouleas has been a United States District Court Judge for the Southern District of Florida since 1998. Prior to that time, he served as a Circuit Court Judge for the Seventeenth Judicial District of Florida from 1989-1998. Judge Dimitrouleas began his legal career as an assistant public defender and practiced for many years as an assistant state attorney. Judge Dimitrouleas remains very active in Florida Bar Committees and the Broward County Bar Association s Sections and Committees. He graduated from the University of Florida with a J.D. in 1975 and from Furman University with a B.A. (magna cum laude) in 1973. Deborah P. FitzGerald, Esq. Deborah P. FitzGerald practices with the firm of Walton Lantaff Schroeder & Carson LLP. Her practice is primiarliy in the areas of insurance defense, general civil litigation and professional malpractice defense litigation, including lawyers, accountants, real estate professionals, and appraisers. She is also a State of Florida Certified Arbitrator and has presided over 25 arbitration proceedings in Broward County Circuit and County Court matters. She is a past president of the Broward County Bar Association and has served in leadership positions in other legal organizations. The Honorable Judge Alfred J. Horowitz The Honorable Judge Alfred J. Horowitz is a Unified Family Court judge for the Seventeenth Judicial Circuit of Florida. He earned his J.D. from Samford University Cumberland School of Law in 1975. Judge Horowitz was a partner in the firm of Horowitz & Rolnick from 1986 to 1995 and later served as a county court judge until his appointment to the circuit court in 2000 by former Governor Jeb Bush. He is running unopposed for re-election in 2014. Ken Joyce, Esq. Ken Joyce is the Chair of the Seventeenth Judicial Circuit Professionalism Panel and has also served on The Florida Bar s Advertising Committee. He is a partner with the firm of Lewis Brisbois Bisgaard & Smith LLP and focuses on representing entities and individuals in business litigations. He also serves as corporate counsel to several organizations and provides them with risk management assistance in business disputes. D. David Keller, Esq. D. David Keller is President and a founding shareholder in the trial firm Keller Landsberg P.A. for over 20 years, Mr. Keller has devoted a substantial portion of his practice to defending lawyers and law firms in legal malpractice cases, and counseling law firms on risk management issues. He is also currently serving a three-year term on the Seventeenth Judicial Nominating Committee. Charles A. Morehead III, Esq. Charles A. Morehead, III has been a lawyer for over 29 years and a member of the Broward County Bar Association since 1985. He currently servers as its treasurer and has served on its Board of Directors since 2006. An equity partner in Abramowitz, Pomerantz & Morehead P.A., he holds the highest AV rating from the oldest lawyer rating group in the world, Martindale Hubbell. A Board Certified Civil Trial Lawyer, his practice includes serious personal injury, wrongful death, aviation accidents, legal malpractices, defective products of all kinds, medical malpractice, automobile negligence and premises liability claims. M. Benjamin Murphey, Esq. Benjamin Murphey is a partner with the firm of Lawlor Winston White & Murphey with offices in South Florida and Las Vegas. He is a civil trial litigator whose practice includes legal malpractice. Mr. Murphey is a gradutate of the Shepard Broad Law Center at Nova Southeastern University and a member of many legal organizations. Alan Pascal, Esq. Alan Pascal is Senior Bar Counsel at The Florida Bar in its Ft. Lauderdale Office. He was previously in private practice and also served as an assistant state attorney for the Seventeenth Judicial Circuit of Florida. He has litigated over 100 jury trials to verdict, and handled over 100 cases in the Supreme Court of Florida on behalf of The FLorida Bar since 2005. Emily Romano, Esq. Emily Romano is an associate with Keller Landsberg PA and focuses her practice in the areas of professional liability defense, insurance coverage, and personal injury and property damage. Ms. Romano is originally from New York and moved to Florida in 2004 to attend the University of Miami and later St. Thomas University School of Law, where she earned her J.D. magna cum laude. She is a member of the Broward County Bar Association and The Young Lawyers Section of the Florida Bar. The Honorable Judge Jeffrey Streitfeld Judge Streitfeld has been a circuit court judge in the Seventeenth Judicial Circuit of Florida since 1991. He earned his undergradutate degree from the University of Maryland and juris doctorate from Stetson University College of Law. He previously worked at Becker, Poliakoff & Streitfeld, P.A. and is a frequent guest lecturer and a member of various Florida Bar Committees and Sections. Kevin P. Tynan, Esq. Kevin Tynan is a partner with the Tamarac firm of Richardson & Tynan, PLC. He concerntrates his practice on representing attorneys and other professionals with licensing issues. He is also recognized for his knowledge of legal ethics and professional responsibility. Mr. Tynan has been a member of the Broward County Bar Association since 1989. Cherine Smith Valbrun, Esq. Cherine Smith Valbrun concentrates her practice in complex commercial, securities, and tort litigation matters. She has extensive experience in civil litigation, including breach of contracts, employment issues and disputes, commercial torts, and shareholder and partnership disputes. She also has experience in drafting and negotiating commercial agreements. Ms. Smith Valbrun was born and raised in Kingston, Jamaica, and provides legal advice to Jamaican clients with legal disputes in Florida. She also actively participates on several Florida Bar and Broward County Bar Associations Committees as well as with other legal organizations. Kelly Vogt, Esq. Kelly Vogt is an associate with the Ft. Lauderdale firm of Walton Lantaff Schroeder & Carson LLP. She practices primarily in the areas of insurance defense, general civil litigation, and professional malpractice defense litigation, including lawyers, accountants, real estate professionals, and appraisers. She is a member of many bar associations and admitted to practice in the Southern, Middle, and Northern District of the United States District Court of Florida, the United States Bankruptcy Court, Southern District of Florida, and the United States Court of Appeals, Eleventh Circuit. Ms. Vogt is Secretary of the Young Lawyers Section, Broward County Bar Association and a member of the Junior League of Greater Fort Lauderdale. flmic.com 5
GUEST SPEAKER THE HONORABLE JUDGE JUDGE ALAN O. FORST Guest Speaker Professionalism - A View From The Appellate Bench ALAN O. FORST was appointed to a judge position on the Fourth District Court of Appeal by Governor Rick Scott on March 7, 2013; he was administered the oath of office on April 8, 2013. Prior to this appointment, Judge Forst served as Chairman of the Florida Reemployment Assistance Appeals Commission/Unemployment Appeals Commission commencing in July 2001, having been appointed to two terms by Governor Jeb Bush and a third term by Governor Charlie Crist. Prior to the 2001 appointment, Judge Forst was an associate and partner at the Stuart, Florida law firm Crary Buchanan. Earlier in his career, Judge Forst spent over two decades in Washington, D.C. A graduate of the Georgetown University School of Foreign Service and the Columbus School of Law of the Catholic University of America, Judge Forst served under Presidents Reagan, Bush, and Clinton in front office positions at the Departments of Justice and Labor (special assistant to the Administrators of OFCCP and the Wage and Hour Division), as counsel to the Vice Chair/Member of the Merit Systems Protection Board, and as special assistant/counsel to Chairman Clarence Thomas at the Equal Employment Opportunity Commission. Judge Forst was President of the Martin County Bar Association in 2007-08 and Chair of the Florida Bar s Labor and Employment Law Section in 2008-09. He resides in Martin County. 6 flmic.com
REGISTRATION *Complete one form for each registered participant Name: First, Middle Initial, Last Name Nickname Company Job Title Company Address City State Zip ALL DAY SEMINAR 6 CLE HOURS INCLUDING ETHICS & PROFESSIONALISM (Approval pending) FT. LAUDERDALE, FL 8:30AM - 3:30PM REGISTRATION FEE: $100 BCBA Members or FLMIC Policyholders $125 Others (Lunch Included) LIMITED SEATING. REGISTER EARLY. E-Mail Please check here if you are a BCBA member or FLMIC policyholder. Please check here if you have a disability that may require special attention or services. We will contact you for further coordination. Please check here if you would like printed materials on the day of the event. Otherwise, materials will be available on-line prior to and during the Summit. REGISTER PRIOR TO THE EVENT: ONLINE: Fill out the registration form available at https://www.browardbar.org/ event-registration/?ee=171. BY MAIL: Fill out and mail the registration form with a check to Broward County Bar Association, 1051 Southeast Third Avenue, Fort Lauderdale Florida 33316-5010 (no later than October 2nd) REGISTER DAY OF THE EVENT: (If space is available) Fill out the registration form and make payment by check or credit card (American Express, Visa & MasterCard only) VISIT flmic.com or browardbar.org for more information or call toll free 800-633-6458 (FLMIC) 954-832-3618 (BCBA) flmic.com 7
PRSRT-STD US. POSTAGE PAID PERMIT#1365 ORLANDO FL 541 East Mitchell Hammock Road Oviedo, FL 32765 We ve built our reputation on vigorously defending yours. WWW.FLMIC.COM [P] 800 633 6458 [F] 800 781 2010 SIGN-UP TO RECEIVE A FREE COPY OF Florida Lawyers Mutual Insurance Company s ( FLMIC ) quarterly newsletter called the Advisor or FLMIC s bimonthly Risk Management Tips. Send an email to mailbox@flmic.com to sign-up today. Second Quarter 2014 Advisor Developing Leadership Skills -- A Risk Management Best Practice by Juliet Roulhac, FLMIC Director Florida Lawyers Mutual Insurance Company ( FLMIC ) was created in the late 1980s by a group of visionary attorneys who were in leadership positions in The Florida Bar. These visionaries saw a need to provide Florida lawyers with a perpetual, stable source of professional liability insurance during a period of instability in the insurance market. The insurance crisis of the late 1980s left Juliet Roulhac, Esq. many attorneys with no Ft. Lauderdale choice but to practice law without professional liability coverage, subjecting lawyers to practice risks without a source of financial indemnity in the event of a legal malpractice claim. The Florida Bar s leadership responded to the needs of Florida lawyers. FLMIC celebrates its 25th anniversary this year and continues to rely on the leadership of its Chairman, Ray Ferrero Jr., and its Board of Directors, many of whom have served on FLMIC s Board of Directors since its creation over 25 years ago, and many of whom have served in other leadership roles in The Florida Bar and in their local legal communities. Under the leadership of FLMIC s Chairman and Board of Directors, FLMIC has achieved its primary mission during its first 25 years and will continue in its efforts to support Florida lawyers in the future. Similarly, attorneys provide the necessary leadership in their firms and practices to provide clients with competent legal representation and ancillary professional services. Unfortunately, not all lawyers are born leaders. Leadership courses are not required courses in law school. Thus, many attorneys are forced to acquire and learn about leadership the hard way through on the job training. Attorneys who embrace and develop essential leadership characteristics as a part of their day-to-day practice of law will also have implemented risk management practices for management and avoidance of legal malpractice claims. Attorneys who fail in their on the job leadership training and do not incorporate risk management practices may find themselves to be a defendant in a legal malpractice case, bar grievance or both. Effective leaders share common characteristics. Mastery of these essential leadership skills is what can help attorneys avoid legal malpractice claims as well as bar grievances. This article will highlight a few characteristics of successful leaders, which also create a foundation for good risk management practices. Competence A competent leader can get efficient service from poor troops, while on the contrary an incapable leader can demoralize the best of troops. John J. Pershing Good leaders know the ins and outs of an organization, what makes it tick and where the proverbial skeletons are buried. Similarly, the more attorneys know the law and understand their clients as well as the business side of their practices, the more likely they will be able to avoid a legal malpractice claim or bar grievance filed by an unsatisfied client. Sole practitioners and attorneys who practice in small firms are most vulnerable to being the subject of a legal malpractice claim, according to the most recent study by the American Bar Association s Standing Committee on Lawyers Professional Liability. The 2011 Study found of the claims (Continued on page 2)