That Was the River, This Was the Sea

June 2010
Newsletter of the Martin County Bar Association
In This Issue
• President’s Message
• News and Updates
• 2010-2011 Membership
Application - Pages 21-22
The Side Bar Newsletter
Published monthly, excluding July, by
the Martin County Bar Association as
a service to its membership.
If you have an article, opinion, news
or other information for publication
in the SideBar, please call Michelle
Katzman at (772) 220-8018 or email
information to:
martincountybarassociation@msn.com
The due date for all advertisements,
articles and announcements is
the 12 th of the month preceding
publication.
Contact Us:
Martin County Bar Association
PO Box 2197
Stuart, FL 34995-2197
Voicemail Line:
(772) 220-8018
E-Mail:
martincountybarassociation@msn.com
Website:
www.martincountybar.org
MCBA 2009-2010
Executive Board:
President:
Scott Konopka
Vice President:
Preethi Sekharan
Treasurer:
Shaun Plymale
Secretary:
Greg Weiss
Immediate Past President:
Linda Weiksnar
Message From the President
That was the river. This is the sea.
Ten years ago, I was a new father and starting a new law firm. While
my wife stayed home with our baby girl Taylor, I was working long
hours and trying to be a good father and husband too. At times, I
pined for the freedom of youth, when my biggest worry was finding
time to study between golf rounds and trips to St. Augustine to surf.
My attitude changed one summer night when I had to fight for my
survival at sea. That night changed me as a person, and changed
my perspective as a lawyer.
The ordeal started aboard a 22-foot Boston Whaler Supercat. It was a warm and windy
Sunday afternoon when I took her offshore with friends Jos and Kristy. Jos was at the
helm as we navigated through the inlet in gusty 20-25 knot South winds. The Supercat
handled the wind and waves beautifully. The port hull was slicing through the chop, with
the starboard hull several feet over the water. I was in a harness, with my feet planted
on the starboard hull, and my body hanging high over the water.
We were about three miles offshore when a tremendous bang filled the air. I swung forward
wildly in my harness, then crashed into the water. The mast slammed into the water next
to me, as I swam for the surface. I looked around, bewildered. Our Cat was in pieces.
The stress of the wind and waves, and our pushing the Cat to an extreme performance
level, had snapped her like a matchstick.
We swam into the center of the heap with the sail underneath us. The hulls, which were
filled with foam, were afloat but in pieces. It was around 6:00 p.m. Jos dug out our only life
jacket from the small bag, and gave it to Kristy. We finished our only water - ten ounces in
a Gatorade bottle. We climbed onto the port hull but it sunk under our weight. I scanned
the horizon. Other than wind and whitewater, there was nothing. No boats. We waited.
We debated whether to swim for shore. Always stay with the boat. A sunken boat is
easier to spot. It provides flotation. We agreed to wait. We listened for boats, but only
heard seagulls, wind and waves.
We worked on getting the good hull separated from the wreckage. It was a difficult
task. Stainless steel wires connected the hull to the broken mast, and two large beams
connected the hull to the trampoline and the
other hull. We could not break the wires.
After an hour, we gave up and turned to the
broken hull, which had already been torn
from some of the hardware and metal wires.
We repeatedly dove under to remove the
lines connecting the hull to the trampoline,
and unfasten the aluminum beam. Soon it
was free. We pushed the hull away from the
floating wreckage, and rested our arms and
Continued On Next Page . . .
The Side Bar - June 2010
Continued From Previous Page . . .
chest on the hull. We started to kick towards shore, but the hull was heavy and full of water. It was like pushing a waterlogged mattress, but at least it provided flotation. As we kicked, the sun set, and large cumulonimbus storm clouds began
to roll in around us.
At 9:00 p.m. we had been kicking for three hours. The moon was making intermittent appearances between the clouds.
We talked about random things to pass the time. Work, school, family, Gainesville, food. We kicked and kicked. My left
leg cramped and I had to take a break. I felt like I was being lazy and not pulling my weight. I worked through the cramp,
but my kicking slowed for some time as I relied on my right leg.
As the evening arrived, the wind picked up and clocked around to the West. Lightning and thunder moved in, as deep
rumblings and streaks filled the sky. The switch in wind direction started to push us further out to sea. By 10:00 p.m. we
had lost all ground, and were moving further offshore.
Jos, who is over 6’7” tall but only 195 pounds, doesn’t look good. His teeth are chattering and his limbs start to shake. He
is literally freezing from exposure. He climbs on my back as I hang onto the hull in the dark. He starts vomiting. We try to
keep him warm by hugging his body. When he vomits, he hangs on to the hull, and we tread water so he has more flotation.
But it’s not enough, and he chokes on saltwater. He vomits again, his head falls into the water, and he swallows more
saltwater. He vomits several times in an hour, each time choking on more saltwater. I start to get a chill. My tongue feels
swollen and the salt water stings my eyes. I lose one of my contact lenses. Without the other one, I can’t see in the dark.
Around midnight, we notice that the hull is losing buoyancy and we have a harder time staying above water. Jos is getting
progressively hypothermic and we are all cold. We decide to abandon the hull and swim for shore. Kristy wants to stay
together. I don’t think Jos will make it without flotation and the extended swim could kill him. I tell them I can swim in
quicker if I am alone, and go for help. We agree. I swim a few strokes and turn around. I throw them my shirt and hat to
lessen the water’s resistance. I tell them, “If I don’t make it, tell Julie I love her and tell Taylor I will always be with her.” I
have a lump in my throat as I turn away. I head out into the dark, alone.
After swimming for ten minutes, I stop to rest. A crab bites me on the palm. I look back for Jos and Kristy, but it is pitch
black with the clouds covering the moon. I couldn’t find them if my life depended on it. Now, I am totally alone. My heart
is racing. I turn onto my back and look up at the sky. I feel disoriented. I feel like I am about to pass out. I breathe deep
then turn back to shore and focus on the lights in the distance. I keep my right eye closed tight as I swim so I don’t lose
my last contact and my ability to see the lights on land. I swim, 30 freestyle strokes, 30 breast strokes, and take a quick
stop to take a bearing using my right eye.
As I swim, I think about my daughter. I can see her face looking at me in the crib. I think about Julie. What if she had to
raise Taylor alone. Now, I could care less about my free time and the chores of fatherhood. I want nothing more than to
see Taylor and Julie again. I look at the horizon and stroke. I fall into a steady rhythm, and feel strong. With my left eye
open, I see trails of phosphorescent bubbles in the turbulence of my strokes. It’s beautiful, glowing and eerie. After 90
minutes of swimming, I see a cell phone tower. It’s the first detail I can make out on shore. The city lights are distinctly
closer. I have made it halfway to shore. I feel a renewed sense of vigor and double my pace. Soon, two other smaller
cell phone towers appear on the horizon. I head for the middle one.
I keep swimming at a steady pace, heading for the middle tower. An hour passes, and I am much closer. Thirty minutes
later, I am so close I can clearly make out the moonlit condominiums on shore. The offshore wind makes the water so
calm it is like a sheet of wax paper. I see a long unbroken row of pine trees to the North, and low rise condominiums to
the South. Directly in front of me is a three story house that looks familiar. I am on the outside sandbar in 3 feet of water.
I swim the final 50 feet to the beach, and grab handfuls of sand as I pull myself out of the water. I hit the ground running,
less than four blocks from my house on Hutchinson Island. I can’t believe my luck.
Barefoot and half naked, I run up the dark street. I bang on the door of my house, and Julie answers. I tell her that Jos
and Kristy are still at sea and in danger. She looks at me, shocked, and collapses. I pull her up, call the Coast Guard,
then head back out to sea in my kayak. Two helicopters and four Coast Guard boats join the search. Near dawn, one of
the helicopters drops a large canister flare into the ocean, less than a mile from shore. I furiously paddle to the canister,
fearing the worst.
Continued On Next Page . . .
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The Side Bar - June 2010
When I arrive, Jos and Kristy are huddled together on the deck of a Coast Guard cutter, wrapped in blankets. They drifted
and swam almost 10 miles from the wreckage, and had almost made it to shore on their own. At the hospital, Jos’ core
body temperature is 94.7 degrees; he was close to cardiac arrest. I returned home and fell into a restless sleep. I dream
I am adrift, and fear I will awake at sea.
We all fully recovered, but we changed. We learned a number of valuable boating lessons, including the need to give an
accurate float plan and stick to it, and to carry a VHF radio, a multi-purpose tool, and sufficient water and flotation devices,
no matter how short your planned trip. We survived because none of us “lost it” at any point in time and we all kept morale
high. I kept talking about the food that would await us when we got back, Kristy never mentioned the possibility of a shark
attack and Jos kept swearing to his crewmates that land was only 200 yards away.
More important, I gained perspective. When I suffer from plans gone wrong or slights from opposing counsel, I think back
on my long swim home. There is nothing more important than the ones you love, and very little time to show them how
you feel.
A river flowing into the sea is a powerful metaphor for change. There is beauty, power and climactic change in the delta.
I had to go from the river to the sea to realize how lucky I truly was to be surrounded by family and friends. As I write this
last article for the Sidebar, I realize that I have made many new friends during my short term as President, and know many
of you better through our bar association. I am fortunate to have you as colleagues and friends. I look forward to passing
the torch to Preethi Sekharan, and hope she enjoys her term as much as I did mine.
Sincerely,
Scott Konopka
2009-2010 MCBA President
THE SOCIAL COMMITTEE
Greg Weiss and Jean Laws Scott, Co-Chairs
Please Join Us For The MCBA’s Annual Banquet –
It won’t be the same without you!
June 4, 2010 @ 6:30pm
Black Tie Optional
Located on the North end of Indian RiverSide Park at
1707 NE Indian River Drive in Jensen Beach.
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The Side Bar - June 2010
BANKRUPCTY COMMITTEE
Jon L. Martin, Chair
For more information regarding this committee or the meetings
shown below, please contact me at: jlm@jonlmartinlaw.com.
Cathleen Scott, Esq.
Michael Gelfand, Esq.
John W. Gary III, Esq.
David Horvath, Esq.
John Henneberger, Esq.
Edward B. Deutsch, Esq.
Richard Meehan, Esq.
Maura Curran, Esq.
Frederick W. Ford, Esq.
Donna Melise, Esq.
Micheal A. Edwards, Esq.
Judith A. Ripps, Esq.
Jane Socoloff, Esq.
Ryan Copple, Esq.
Thomas Kingcade, Esq.
Edward Rodgers *
Walter Colbath, Jr *
Deborah Baker, Esq.
Thomas Schwartz, Esq.
Steven Rubin, Esq.
Brendan Heneghan, Esq.
Michelle Berg, Esq.
Louis Pfeffer, Esq.
Michael Weeks, Esq.
Kolleen Bylciw, Esq.
Terry Watterson, Esq.
Gary S. Costales, Esq.
Your Full Service Firm
of Mediators & Arbitrators
* Retired Circuit Judge
Connie Kerwick, Esq.
Lawrence Newman, Esq.
ARC Mediation accommodates clients throughout Florida, from
Miami-Dade through the Treasure Coast and beyond.
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The Side Bar - June 2010
Jay Chapman, CFP®
Fogel Capital Management
Is a Structured Settlement Right for Your Client?
Is there a better way to manage personal injury settlements and awards for clients and their attorneys? A structured settlement will
provide a fixed amount of monthly income to the client, however it depletes the client’s capital and does not allow for the liquidity
needed should something unexpected happen. A better alternative would be to hire a money manager with the experience
to handle such cases. As the attorney for young personal injury clients, you can help your clients achieve greater levels of
return while you help your firm eliminate many of the time consuming activities associated with these cases. Fogel Capital
Management has a detailed understanding of court restrictions and procedures, and a focused understanding of the needs of
clients, their families and their attorneys is vital. Employing a money manager with the experience of handling these cases can
not only be better for the client, but for the attorney as well. The client has the ability to receive consistently greater returns
while focusing on preservation of capital. The attorney will be relieved of time-consuming reporting activities and administrative
responsibilities. These are just some of the benefits to having a money manager with the experience to handle such cases.
Fogel Capital is listed on the www.nycourts.gov/ip/gfs/index.shtml, Public Access to Part 36 Database. The Part 36 recognizes
those who have been approved through the NY court system. The NY Court regularly appoints Fogel Capital Management
to manage medical malpractice settlements. We have over 15 years of experience and over $250 million in assets under
management involving these types of cases. If you would like to learn more about a better alternative to a structured settlement
and how it can benefit you as well as your client, contact Jay Chapman at 772-223-9686 or email me at Jay@fogelcapital.com
(www.fogelcapital.com).
Trial Lawyers Committee
Chad Hastings, Chair
If you are interested in becoming a part of the Trial Lawyers Committee contact Chad
Hastings at chastings@lesserlawfirm.com. The first meeting for the next term will be
either August or September of 2010 – look for details in the Summer issues of the SideBar.
Criminal Law Committee
Bob Watson and Adam Guzi, Co-Chairs
Bob Watson
If you are interested in joining this committee or
for more information on planned programming, please contact
Bob at rjwpa@yahoo.com or Adam at aguzi@sao19.org.
Adam Guzi
Law Office Of Stephen M. Lewen
Social Security Disability & Supreme
Court Certified Circuit Civil Mediator
2646 SW Mapp Road - Suite 206
Palm City, FL 34990
Telephone: 772-288-1300 Fax: 772-288-2135
Representing the injured
& disabled for over 29 years.
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The Side Bar - June 2010
Eighth Annual Martin County Bar Association’s
President’s Cup Golf Tournament
Jack Sobel
Co-Chair, Golf Committee
T
he 8th Annual Martin County Bar
Association’s President’s Cup Golf
Tournament to benefit the MCBA
Scholarship Fund was a huge
success. This year the Tournament
sold out!
Featuring magnificent weather
and a beautiful course, we were able to
accommodate a whopping 92 golfers this year!
Due to the full field, players are cautioned to
get their registrations in early when next year’s
Tournament is planned or risk being left out.
The gods were shining down on us as we
took over the beautiful Turtle Creek Golf Club
located in Tequesta, Florida. The weather
was absolutely wonderful, and the breeze
moderated the scorching Florida heat.
The golf course was in terrific shape and
presented a challenge to golfers of all skill
levels. The Tournament was sponsored by
Gold Sponsors WEST, THOMSON REUTERS
and GULFSTREAM BUSINESS BANK, as
well as a host of local businesses, whose
generosity enabled us to award prizes to
all participants. Golfers were treated to an
extensive breakfast, followed by beverage cart
service on the course of free beer, soft drinks,
and bottled water upon demand. After the
Tournament, our players were treated to an
elegant and tasty luncheon buffet, complete
with a dessert table featuring an ice cream bar.
Larry Stewart
Co-Chair, Golf Committee
Members are urged to please consider patronizing
these local businesses and when you do, make sure
to thank them for their support.
The Golf Committee and Executive Board of the Martin County Bar Association
would like to thank their generous sponsors for their contributions to
this year’s President’s Cup Golf Tournament the proceeds of which
benefit the MCBA Scholarship Fund:
GOLD SPONSORS
WEST, THOMSON REUTERS
GULFSTREAM BUSINESS BANK
HOLE SPONSORS
CARSONS TAVERN
ANTHONy LOSH, CFP®
GRAPHICS & MEDIA SOLUTIONS, INC.
GENERAL SPONSORS
Atlantic Reporting
Balanced BodyWorks
Michael E. Blum, Esq.
Car Pro Auto Spa
Cathy’s Beach Connection Restaurant
11 Maple Street
Eagle Marsh Golf Club
First Choice Yacht Care
Flanigan’s Bar & Grill
The Fox Club
GOLF USA
Hammock Creek Golf Club
The Legacy Lou’s Barber Shop
Maltz Jupiter Theatre
Mulligan’s Beach House
Nails by Terry
Peter’s Steak House
PNC Bank
Prawnbroker Grill
The Sailor’s Return
Seaside Salon & Barber Shop
Arden M. Siegendorf, LLC
Stryker Electrical Contracting, Inc.
Stuart Grill & Ale
Thai Bistro
Turtle Creek Golf Club
Willoughby Golf Club
Yacht & Country Club
The winners of the President’s Cup for 2010
were TJ Heinemann, Mike Blum, Don
Hopper and Steve Bruhn, whose names will be engraved on the trophy alongside the names of past winners.
Please make sure you check out the Photo Gallery on the MCBA Website www.martincountybar.org for
pictures taken at the event.
We want to thank our generous sponsors, without whom the event wouldn’t have been as successful and
enjoyable. Preliminary estimates suggest we raised approximately $4,000 for the MCBA Scholarship Fund.
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The Side Bar - June 2010
Images From The Eighth Annual Martin County
Bar Association’s President’s Cup Golf Tournament
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The Side Bar - June 2010
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The Side Bar - June 2010
Professional Committee
George W. Bush, Jr., Esq., Chair
George W. Bush, Jr.
If you are interested in joining these committees and/or
for more information on planned programming, please
contact the chairs at: gwbush@foxwackeen.com or
rlevenstein@kslattorneys.com.
Honorable Jack S. Cox
Richard H. Levenstein
Co-Chairs
Judicial Relations Committee
FLORIDA TRIAL LAWYERS SCORE TWO LEGISLATIVE WINS
Miami Herald/St. Petersburg Times Tallahassee Bureau, http://www.miamiherald.com,
April 21, 2010
The final passage of two litigation measures gave Florida trial lawyers two legislative victories in
a year when few were expected. With little opposition, the House sent Gov. Charlie Crist a bill
to allow parents to sign liability waivers for children participating in risky activities and another
measure to double the caps on lawsuits against the state.
The legislation represented the final two pieces of a package that moved swiftly after House and
Senate leaders reached a deal with personal-injury lawyers and business interests. The trial bar
largely lost two early fights when legislation to cap legal fees for lawsuits on behalf of the state and
another bill to limit slip-and-fall legislation won approval. [News flash complements of the Florida
Bar’s news service].
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The Side Bar - June 2010
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The Side Bar - June 2010
Mediation Strategies
Martin G. Holleran, Esq.
Every successful negotiation requires that you have a sound strategy. I don’t think that it can be
said too often that included in your elements of sound strategy must be the education of your
mediator. And the mediation summary is your primary key to that education.
Like every good conscientious litigator, no mediator likes to appear at meeting, let alone conduct a
mediation unprepared or appear unprepared. Even if you have mediated with the mediator prior to
this matter, you should remember that there is only one time to make a first impression and your impression will
be strongly imprinted in the mediator’s mind if you will be courteous enough to present him/her with your summary
at least 3 working days prior to the date of the mediation.
The purposes of your summary? Simple: (1) educate the mediator about the nature of the case, (2) demonstrate
your strong points (3) set the stage for your success.
Brevity is encouraged. Set out the facts. Explain key legal issues. Make known the points of agreement and
disagreement. Present a liability analysis. Detail a summary of damages. Attach key documents and other
Exhibits, hi-lighting sentences rather than quoting paragraphs in the body of your summary, giving reference to
the documents and Exhibits by letter or number. Try to keep between 2 and a maximum of 5 pages unless the
matter is extremely complex.
If you intend to have persons other than your client(s) present advise of this fact and the purpose for which that
person will be present, and that you have discussed it with your adversary and that there is no objection.
In preparing your mediation summary remember your objective. The goal of mediation is to end the dispute.
Ironically, some position papers appear to be written as if the purpose were to prolong the dispute. Expressing
outrage at the opposition, name-calling or accusing people of lying is counter-productive. It will move the parties
even further from an agreement than they already are. Mediation is intended to be a “time-out” from the litigation
and should be treated as such. Consider using letter form rather than pleading form.
Next, while I recognize that mediation summaries are traditionally to be confidential, participants in mediation
must be willing to engage in a good faith exchange of information. Therefore, in the right circumstances (after
all discovery will usually permit access to the your memorandum information and the purpose of mediation is to
end the dispute), especially if you are the first to make the offer, it might be an excellent strategy to volunteer to
exchange mediation summaries.
Could a refusal by your adversary to accept and provide copies of their position papers unintentionally forewarn
you of flaws or weaknesses in their case or that they are trying to hide or inadvertently indicate “gamesmanship”
and warn you by their refusal of an intent to withhold information and spring a surprise? So that neither party will
have an unfair advantage, ask the mediator to set a date a few days in advance of the mediation when the parties
can exchange position papers.
Additionally, at all appropriate times (and you can structure those times) express your interest in settling the case.
When you read your adversary’s mediation summary you will probably find numerous statements with which you
disagree. Reading them is apt to be discouraging. If however, you find at the end of their paper a statement that
they are interested in settling, you are apt to be more optimistic that the case can be resolved. So beat ‘em to the
punch and make the offer “loud and clear” in your own mediation summary. I have always felt that a fair offer is
not a measure of weakness but should be recognized as fine preparation and a good understanding of all aspects
of the case.
Finally, please remember that among the most common causes of a failed mediation is the absence of persons
with real settlement authority. Settlement authority means the authority to agree to whatever is necessary and
reasonable in order to dispose of the case.
11
The Side Bar - June 2010
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The Side Bar - June 2010
Paralegal Committee
Jacquelynne O. Miller, Chair
For more information regarding
this committee or if you would
like to be included in routine
announcements, you can
make your request by emailing:
jomiller_wnslaw@bellsouth.net.
Office Administrator/Office Manager’s
Monthly Meeting
Meetings are held once a month at the
offices of Crary, Buchanan, et al. for
lunch and an exchange of ideas.
Please contact Jim Menendez at
287-2600 for more information.
Family Law Committee
Karen Johnson, Chair
If you are interested in more
information about
this committee,
contact Karen Johnson at
karenjohnsonlaw@aol.com.
WHAT DISPUTANTS WANT FROM A MEDIATOR
By Edmund J. Sikorski, Jr., J.D.
Disputants often want mediators to hear their point of view and then convince everyone else involved that they are
right and should get their way. Some more sophisticated understand that some compromise is necessary and that
part of negotiation is looking at new approaches to solve a problem, but they still want the mediator to help them
advocate their interests. Effective mediators will help the parties do just that.
They will listen to all of the parties carefully and give each one an opportunity to present his or her most powerful
argument in an effective way. If the mediator is focused, maybe not on cajoling, pleading, and persuading, but on
helping each disputant present his or her views in a cogent manner and on working to ensure that everyone’s ideas
and needs have been taken seriously, then the disputants and mediator are working together.
If the mediator helps each disputant carefully and realistically think through his or her choices at various points in
the process, they are working in compliment.
13
The Side Bar - June 2010
Appellate Practice Committee
Mark Miller, Chair
Painted Horses, Drunk Drivers and Red Cows: Attorneys Have Strange Friends
‘If you paint a cow on the side of a horse, it’s still a horse. It’s not a cow.’
Recently, a criminal defense attorney used that expression in seeking to dismiss a charge pending against
his client. The attorney argued that the charge simply restated, under a different name, another criminal
charge that the same court had previously dismissed. That is, the prosecutor had painted a cow (the second
charge) on the horse (the first charge), in an effort to overcome the horse having previously been dismissed.
The change in name should make no difference, the defense attorney argued. A horse is a horse (of course
of course), even if it now looks a bit like a cow. Short, to the point, and easy to understand -- I think most
attorneys dream of applying an expression so succinctly, meaningfully and colorfully.
I then started thinking about other colorful phrases that lawyers have made their own. The tipsy coachman
and the red cow immediately came to mind. Let me explain.
Generally, the law holds that “absent fundamental error, an appellate court will not consider an issue raised
for the first time on appeal.” But such is not necessarily the case if a tipsy coachman is at the reins, and the
appellee is seeking an affirmance. Florida law holds that an appellate court is not limited to consideration of
the reasons given by the trial court in deciding whether to affirm the lower court. Dade County School Board v.
Radio Station WQBA, 731 So.2d 638, 645 (Fla. 1999). Rather, the appellate court must affirm the judgment if
it is legally correct regardless of the reasons given below. Simply put, an appellee can present any argument
supported by the record even if not expressly asserted in the lower court, in seeking to win an affirmance
of the lower court’s decision. Id.; see also MacNeill v. O’Neal, 238 So.2d 614, 615 (Fla. 1970). We call this
principle the Tipsy Coachman Doctrine. The tipsy coachman -- the lower court judge – successfully delivered
the passenger to his home, even if the judge did not use the right route to get there. I suppose the trial judge
may be insulted when the appellate court relies on this doctrine, but it’s better than a reversal.
And finally, here in Florida we also use the phrase “red cow” in describing a perfectly-perfect precedential case.
It’s a doctrine you cannot forget once you have heard it, and the Eleventh Circuit has explained its meaning:
“The term ‘red cow’ is used in some legal circles, particularly in Florida, to describe a case that is directly on
point, a commanding precedent.” Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1394 n.2 (11th Cir. 1993).
The red cow is not the only animal used this way in these United States. “In other states, the same notion of
a closely fitting authoritative decision is conveyed by any of the following terms: ‘spotted dog,’ ‘spotted horse,’
‘white horse,’ ‘white pony,’ or ‘goose’ case. Id. (citations omitted). I agree with the Eleventh Circuit’s opinion
that the ‘red cow’ is the strongest metaphor in that a red cow is more difficult to overlook than other animals.
So there you have it. Painted horses, drunk drivers and red cows -- some of a Florida lawyer’s best friends.
-----------------------------------------------------------------------------------------------------------------------------------Mark Miller is the Chair of the MCBA’s Appellate Practice Committee. The Appellate Practice Committee meets
most every month, except when it doesn’t. We are taking this month off, but look forward to seeing you at our next
meeting, on Friday July 30th at noon. Contact Mark at 772-633-4401, or mark@garyappellatelaw.com for more
details.
Ray Evans and Jay Livingston, Mr. Ed (St. Angelo & Jay Livingston Music/Universal MCA 1960).
Not Most? Well, would you believe… many? How about … some?
3.
This being the law, there are, of course, exceptions.
1.
2.
14
The Side Bar - June 2010
Cheers - News From the Friendly Neighborhood Bar
•
Cheers to Patricia Stone Moore of Hobart Deposition Services who welcomed baby Luke Moore
into the world on April 30, 2010. We wish her, husband Scott and their new family a lifetime of
happiness.
•
On May 10, 2010 Barbara A. Kreitz Cook was appointed by the Florida Bar to serve on the Admiralty
& Maritime Law Certification Committee for three years commencing July 1, 2010. This committee
develops the maritime certification test and is responsible for review and approval of Bar member
applications for certification in this area of law. Congratulations!
•
The law firm of Gordon & Doner is pleased to announce the addition of Ingrid Domingues-McConville
to the firm. Ingrid will serve as an attorney, of counsel, focusing on providing assistance to the Brazilian
community as well as continue to practice in the area of Immigration Law.
•
Steven Beres, partner at the full service law firm of Crary Buchanan, has joined the Martin Memorial
Foundation Board of Directors. The board oversees the Martin Memorial Foundation, which is
responsible for the not-for-profit health system’s fund-raising efforts.
•
Honorable Alan O. Forst was recently one of 533 appointees confirmed during this year’s legislative
session. He is Chairman of the Unemployment Appeals Commission. Kudos to one of the MCBA’s
own.
•
Jim Menendez, legal administrator of the full-service law firm of Crary Buchanan, has been elected
president of the Palm Beach Chapter of the Association of Legal Administrators (ALA). He took office
April 1, 2010.
•
Attorney W. Trent Steele has been elected president of the board of directors of the nonprofit Dunbar
Child Care Center, Martin County’s only Early Head Start facility. The Dunbar Center is a federally
funded community-based program for low-income families with infants and toddlers and pregnant
women. It provides meals, day care, and educational opportunities to over 80 children from birth to
five years of age. The center offers hope for many working families who cannot afford day care and
want their children to be cared for in a nurturing environment.
•
Congratulations to Judge Kathleen Roberts on her book success. The Learning Express is going
to carry THERE’S A MONSTER IN MY HOUSE and is having a book-signing for her on June 6, 2010
(Noon-2pm). It is also available at Amazon.com and BN.com.
Please send us your news of news hires, promotions, awards, engagements, marriage,
child births, new address and the like for future issues of the SideBar.
Probate, Trust Law
& Guardianship Committee
FernandoGiachino
For more information about joining this committee or about planned
programming, Fernando Giachino at Fernando@thurlowpa.com
or Christine Bialczak at cmb@mcsumm.com.
Christine Bialczak
15
The Side Bar - June 2010
Admiralty & Maritime Law Committee
Barbara A. Kreitz Cook, Chair
NAVIGATION RULES SECTION 3: LIGHTS, SHAPES, & SOUND SIGNALS CONTINUED
RULES 35-37
Rule 35: Sound Signals in Restricted Visibility
a. A power-driven vessel making way through the water shall sound at intervals of not more than 2 minutes one
prolonged blast.
b. A power-driven vessel underway but stopped and making no way through the water shall sound at intervals of not
more than 2 minutes two prolonged blasts in succession with an interval of about 2 seconds between them.
c. A vessel not under command, a vessel underway but restricted in her ability to maneuver or constrained by her
draft, or fishing, sailing, towing or pushing, shall instead sound at intervals or not more than 2 minutes three blasts in
succession, whereby the first blast is prolonged followed by two short blasts.
d. A fishing vessel at anchor or a vessel restrained in her ability to maneuver while carrying out her work at anchor shall
at intervals of not more than one minute ring her bell rapidly for about 5 seconds.
e. A vessel towed shall sound at not more than 2 minute intervals four blasts in succession. When practicable, this
sound shall be made immediately after the signal made by the towing vessel.
f. When a pushing and pushed vessel are rigidly connected in a composite, they shall be regarded as a single powerdriven vessel and shall give the signals as in a. or b.
g. A vessel at anchor shall at intervals of no more than one minute ring the bell rapidly for about 5 seconds.
h. A vessel aground shall give the bell signal in g.
I. A vessel of less than 12 meters shall not be obliged to give the above-mentioned signals, but if she does not, shall
make some other efficient sound signal of not more than 2 minutes.
k. A pilot vessel engaged in pilotage duty may, in addition to the signals prescribed in a., b., or g., sound an identity
signal consisting of four short blasts.
Rule 36: Signals to Attract Attention
If necessary to attract the attention of another vessel, any vessel may make light or sound signals that cannot be
mistaken for any Rule or aid to navigation signal, or may direct her search light in the direction of the danger, in such a
way so as not to embarrass any vessel
Rules 37: Vessels in distress shall use or exhibit the following signals:
a. A gun or other explosive signal fired at one minute intervals.
b. Continuous sounding of any fog-signaling equipment.
c. Rockets or shells, throwing red stars fired one at a time at short intervals.
d. A signal made by radiotelegraphy or by any other method consisting of the Morse code SOS: ... ____ ...
e. The spoken word “MAYDAY”.
f. The international code signal of distress indicated by N.C.
g. A signal consisting of a square flag having above or below it a ball or anything resembling a ball.
h. Flames on the vessel: burning oil barrel, the like.
I. A rocket parachute flare or hand flare showing a red light.
j. A smoke signal giving off orange smoke.
k. Slowly and repeatedly raising and lowering arms outstretched to each side.
l. The radiotelegraph alarm signal.
m. The radiotelephone alarm signal.
n. Signals transmitted by EPIRB.
THE FOREGOING ARE MERELY EXCERPTS FROM THE INTERNATIONAL RULES. PROFESSIONALS KNOW
THEM. I HOPE THAT YOU NOW REALIZE THE RULES OF THE NAVIGATIONAL ROAD ARE COMPLICATED AND
DIFFICULT TO MEMORIZE OR REMEMBER IN A TENSE SITUATION....SUCH AS RETURNING AT NIGHT FROM
THE BAHAMAS WHEN ALL THE LIGHTS LOOK THE SAME.
POCKET COPIES OF THE RULES ARE AVAILABLE FROM WWW.OCEANNAVIGATOR.COM
HAVING A COPY READY MAY SAVE YOUR LIFE....OR AT LEAST WIN POINTS ON A COAST GUARD BOARDING...
16
The Side Bar - June 2010
LABOR AND
EMPLOYMENT LAW
COMMITTEE
Alan Orantes Forst
If you are interested in
joining this committee or for more information
on planned programming, please contact
Alan at usakids@comcast.net.
Any article appearing herein may be reproduced provided
credit is given both to the SideBar and the author of the
article. Views and conclusions expressed in articles and
ads herein are those of the authors or advertisers and
not necessarily those of the officers, directors, or staff of
the Martin County Bar Association. Further, the Martin
County Bar Association and staff do not endorse any
product or service advertised. All advertising is subject to
approval. We regret any errors or omissions and such, if
applicable, will be noted in future issues. Professional
photographs shown throughout this issue of the SideBar
have been provided compliments of Abbey Portrait
Studio.
Pro Bono Committee
Jane L. Cornett, Esq.,
Chair
If you are interested in joining
this committee or for more
information on Pro Bono opportunities,
please contact Jane at jlc@cgrelaw.com.
Robert L. Jennings
JENNINGS & VALANCY, P.A.
Attorney, Certified Mediator
•
Over 27 years of experience in civil trials,
appeals, bankruptcy, and complex business
litigation in state and federal courts.
•
AV Martindale-Hubbell peer review rating.
•
NITA trial advocacy faculty, 1992-present.
306 S.E. Detroit Ave.
Stuart, FL 34994
772.286.2798
hbrj@rljpa.com
www.rljpa.com
Stuart - Share Office Space
Attorney Office & Secretary Station,
Wait Room and Kitchen
100 yards from Courthouse
306 SE Florida Avenue
$500
Contact: Mark Matthews, Esq. - 772-341-2718
The MCBA Young Lawyers Division
Ray Robison, Chair
It has been another great year for the Young Lawyers’ Division. Thank you to all of the judges,
attorneys and sponsors that attended our Judicial Reception in January. I wish everyone a
great Summer, and we already have a few community service projects lined up for the Fall,
which will be presented to the members of the MCBA as the projects draw closer.
Immigration Committee
Scott D. Devore, Esq., Chair
Contact Scott Devore with questions pertaining to this committee. He can be reached at
sdevore@visabank.com or at (561) 478-5353.
17
The Side Bar - June 2010
O
FIRST REPORT FROM IRAQ (UNCLASSIFED)
Captain J. Corey Sucher, 1-3 BCT-A
Rule of Law/Legal Assistance/Claims Attorney – F.O.B. Falcon Iraq
29 April 2010
n 4 October 2004, while working as a prosecutor in Fort Pierce and by then well over a year since my nagging sense
of service got the better of me and I began the lengthy process of applying to the U.S. Army Reserve, I signed the
proverbial dotted line, thereby being commissioned as a First Lieutenant. Since that day, my military life has led to
many new and exciting experiences. I have attended a number of military schools including the Judge Advocate
Officer Basic Course, the Sabalauski Air Assault School, and the Judge Advocate Officer Advanced Course, among
others. I have participated in countless monthly weekend battle assemblies (drill weekends), attended many JAG
On-Site conferences (great for CLE hours!), traveled to different locations to provide Legal Assistance to Soldiers mobilizing, gone
to ranges to qualify with the M16 and the M9, and in 2008, I was called up to serve for one year as an Administrative Law Attorney
and Military Magistrate with the 1st Infantry Division at Fort Riley, Kansas. That being said, I found myself still a member of the
dreaded “slick sleeve” club, an unofficial term used within the ranks to describe those Soldiers who have yet to deploy to a Hostile
Fire Zone. You see, when you deploy, you then wear the patch of the Unit you deployed with on your right sleeve forever. If you
have not deployed, you have no patch, and your sleeve is “slick.” Putting the cool patch aside for a minute, there has been a part of
me that has wanted to deploy to either Iraq or Afghanistan for a long time. It is part of the reason I joined the Army post-9/11 in the
first place. I just wanted to go over there, well, here, and do my part, however small. The fact that I had not has been eating at me
for years and in January when I found out I would soon be headed down range to join the 3rd Infantry Division’s 1st Heavy Brigade
Combat Team in Iraq, there was almost a sense of relief, even knowing how hard it was going to be to leave my beautiful bride Gina
behind. This was meant to be and so here I am.
After a miserable week at Fort Benning, GA being herded around like
cattle as part of a group of 400 Soldiers and civilians alike who were
all going through the mandatory and often frustrating deployment
processing the military requires, I finally stepped on the plane on 9
April 2010. We stopped in Bangor, Maine and got an unbelievable
reception from the locals who come out in droves every time a
military flight heading overseas comes through. After a brief stop in
Germany, we flew to Kuwait. Several hours later I was able to get
on a State Department flight in a C-130 military plane to Baghdad
International Airport. After a bus ride to Camp Stryker where I got a
much needed shower and meal, I took a Blackhawk helicopter here
to FOB Falcon…finally.
I have now been here in country for nearly three weeks and I’m
settling in. The living accommodations and office space isn’t what we
have grown accustom to in the states but it’ll do. As indicated above,
I have been handed a few different responsibilities within the different practice areas of military law. I am serving as part of a threeSoldier/attorney Brigade Legal Team, as opposed to the “JAG Shop” at the higher Division level. Being here at the Brigade level
is a great experience because with just three attorneys, we need to trust in each other and be more resourceful in finding the right
answers for the command. Also, I personally am enjoying being here with a combat brigade and seeing how the Army really works.
My Legal Assistance duties take up the bulk of my time. I see multiple walk-in clients per day that have an array of different personal
legal issues to deal with. The Army allows only Legal Assistance attorneys and Trial Defense attorneys to have an attorney-client
relationship with individual Soldiers so the Soldiers know they can come to me and talk without fear of it getting to their commanders.
Legal Assistance includes, among other things, preparing powers of attorney and providing notary services (both being functions my
27D [Army paralegal] takes care of and he does an excellent job), counseling Soldiers on divorce and/or custody issues, preparing
rebuttals to negative findings resulting from investigations, preparing/revising wills, tax advice, or referring them to Trial Defense if
necessary. I enjoy it because you get Soldiers that come to you who are going through very difficult times and it is rewarding to be
able to counsel them and explain the process, explain the system, let them know it’s not the end of the world, and sometimes the
best thing I can do for a Soldier is to simply listen to what they have to say, as opposed to yelling at them and making them clean the
latrines or do push-ups. Our goal in Legal Assistance is to resolve our Soldiers’ issues as much as possible and get them re-focused
on the fight.
Additionally, I have taken over as the Rule of Law Attorney here at the Brigade. The Rule of Law mission is broad and often times
a bit confusing but essentially it involves our efforts to reach out to, primarily, Iraqi judges and police units and attempt to help them
work through some of the many issues plaguing the functioning, yet still problematic, Iraqi judicial system. This effort must be lead
by the State Department so much coordination is required with their Provisional Reconstruction Team (PRT) to organize efforts to
improve the local judiciary. This is done through courthouse improvement projects as well as efforts on our part to meet with judges
and police to deal with the issues they face. Just four days after my arrival here I went out as part of an armed convoy to the Baya’a
Continued On Next Page . . .
18
The Side Bar - June 2010
Continued From Previous Page . . .
civil courthouse where we delivered computers, printers, and copiers and myself,
along with my battle buddy CPT Nicole Borchardt and a Major from Civil Affairs,
had a chance to sit down with an Iraqi judge and discuss, among other things,
how the computers were going to help the courthouse. Now, with no networking
capabilities it is difficult to imagine how these computers are going to do anything
but look nice on the judges’ desks, but we delivered them nonetheless and we
hope for the best.
My third and hopefully only other job here is as the Claims attorney to review claims
filed by local nationals under the Foreign Claims Act. New claims are few and far
between currently but there is a huge backlog of old claims to deal with. I am still
going through the certification process to become a Federal Claims Commission
(1-person FCC) so I’ll keep you posted.
Other than that, the Judge Advocate General himself flew to our little FOB here the other day for a visit and then we flew with him
in a Blackhawk up to Victory Base Complex for a 2 day JAG conference. We got to tour one of Saddam’s palaces as well as see
the courtroom where he was arraigned. Also, the Chief of Staff of the Army, General Casey, stopped by FOB Falcon just today. He
happened to pop in my office while being ushered out of the briefing room located just across the hall from me and came in and shook
my hand as well as my 27D SPC Clark’s hand and briefly chatted with us before being whisked off by his substantial entourage and
security detail…pretty neat.
Security wise, as a result of “the surge,” the violence here certainly decreased dramatically but it seems to have temporarily spiked a
bit as of late due primarily to issues involved with the elections and the probably never-ending sectarian divides. Since I have been
here, we have had three separate incidents of indirect fire on our FOB with the first being a rocket propelled grenade (RPG) landing
just outside of a building that I and others who had just been training jiu-jitsu / Army Combatives in an adjacent building had just
walked past…close one. Just last night a mortar round came in and hit our FOB while I was still in the office (we work until around
2100 , or 9:00pm, 7 days a week) and we all had to hit the deck. Fortunately, however, thus far, and the Brigade has been here since
December/January, the mortars and RPSs the insurgents throw at us usually hit parts of the FOB that are remote and I do not believe
these attacks have injured or killed anybody. The recent explosions in Baghdad were not a positive development either but they did
not target U.S. or Iraqi forces which was a good thing.
The plan now is to simply take things day by day, continue to work out a lot to keep my sanity, and hopefully continue to learn and
contribute to the mission. I’ll talk to you all next month.
19
The Side Bar - June 2010
10 REASONS WHY YOU SHOULD JOIN THE
MARTIN COUNTY BAR ASSOCIATION
If you have not already done so, now is the time to fill out the accompanying membership
form, attach your check and join the Martin County Bar Association for the 2010-11 bar year.
If the MCBA did nothing more than offer monthly luncheons and our annual banquet, it would
still be a great bargain at twice the current dues rate. In a relatively small legal community like
Martin County, the opportunity to eat, network with other lawyers and judges, and get a CLE
credit for doing both is nearly priceless! The food served at the luncheons is included in your
membership dues. You can literally have your cake and eat it too! Last year, if you attended
every MCBA lunch, you would have earned 9 CLE’s!
The MCBA also hosts some fantastic speakers. In the past few years, we have hosted the
Solicitor General of the United States, the Associate Attorney General of the United States, two different Chief
Justices of the Florida Supreme Court, several state legislators and local and district court of appeal judges, several
presidents from the Florida Bar, the United States Attorney for the Southern District of Florida, and even contestants
from the Amazing Race, for which we got a CLE credit for their presentation (thank you very much Michelle and
Alan!).
So you say you’re still not convinced? Well, there’s even more! The MCBA also provides a pretty fantastic monthly
newsletter, the SideBar, which gives its members, among other things, the opportunity to get published! Further,
the MCBA now has a new and improved, updated website (www.martincountybar.org), a fall Judicial Reception, a
sold out Annual Golf Tournament benefiting its Scholarship Fund, a truly fun Annual Installation Banquet, as well as
numerous committees, both substantive and social, many of which offer CLE credits for their individual meetings.
As if all of this is not enough, the MCBA will once again be producing a pictorial directory of all attorneys in Martin
County for the benefit of its members and supporters! Note, however, that only members of the Martin County Bar
Association will be pictured in the directory and will receive an expansive listing indicating practice areas and web
contact information. The MCBA Legal Directory will be sent to all members, all judges and the courthouses, as well
as be sent to local and state business organizations that have consistently supported the MCBA.
As of 2009-10, we reached over 360 members for the first time, with one of the largest increases in membership
in our Bar Association history. The MCBA presents and offers valuable opportunities to its members, and our legal
community clearly recognizes that. So let’s recap: here are the 10 reasons you should join the MCBA:
1.
CLE Credits for Monthly Luncheons
2.
Networking Opportunities
3.
Possibility of getting CLE Credits for Committee Meetings
4.
Great Speakers
5.
Even better food (read “desserts”) at the Monthly Luncheons!
6.
Updated Website / SideBar Newsletter
7.
Annual Fall Judicial Reception
8.
Annual Banquet
9.
Annual Golf Tournament
10.
MCBA Legal Directory
C’mon, you know you want to join! You can spot a bargain a mile away! Come and be a part of the Martin County
Bar Association. You won’t regret it. It is undoubtedly going to be another really great year for the MCBA and you
do not want to miss the ride!
Preethi Sekharan
2009-2010 MCBA Vice-President
20
The Side Bar - June 2010
*
MARTIN COUNTY BAR ASSOCIATION
JULY 1, 2010 – JUNE 30, 2011 MEMBERSHIP REGISTRATION AND DUES NOTICE
First Name : _______________ Middle Name: ____________
Firm:
Last Name: _______________
Suffix: ___
_______________________________________________________________________
Address: ___________________________________________________ Suite #: __________
City: ___________________________________
Phone #: (
State: _______
) ______ - ______ ext: _____
Fax #: (
E-Mail: ____________________ @ ____________ . ___
Zip Code: ________
) ______ - ________
Firm’s Website: www. ______________________ . ____
Do you currently practice law and/or reside in Martin County, Florida? □ Yes
Are you currently a member of the Florida Bar?
Are you Board Certified by the Florida Bar?
□ Yes
□ No
□ No
□ Yes List Certification(s): _______________ □ No
How would you prefer to receive the monthly SIDEBAR Newsletter? □ Email Only
□
Mail Only
□ Both
Do you fluently speak any foreign languages? □ Yes List Language(s): _________________ □ No
Please check all committees for which you would like to be a member:
□
□
□
□
□
□
□
Practice Related:
Admiralty & Maritime Law
Appellate Law
Bankruptcy Law
□
□
□
Probate, Trust Law &
Guardianship
Immigration
Trial Lawyer
Criminal Law
Employment/Labor Law
Other:
Family Law & Dependency
______________________
(please specify)
Foreclosure
□
□
□
□
□
□
□
Public Image:
Constitution Week
Golf
Pro Bono
Professionalism
Judicial Relations
Justice Teaching
Scholarship
□
□
□
□
□
□
□
Bar Related:
Legal Directory
Library
Long Range Planning
Social
Solo & Small Firm
Young Lawyers
SideBar Newsletter
MCBA Bar Dues for July 1, 2010 – June 30, 2011: $225.00* Payable Upon Receipt
Please make checks payable to:
MARTIN COUNTY BAR ASSOCIATION
Please mail your checks and completed form to: Martin County Bar Association
c/o Michelle Katzman (Executive Director)
4995 SW Lake Grove Circle
Palm City, FL 34990
*If you are a full-time Government attorney you may be entitled to a reduction in dues – call (772) 220-8018.
JUDGES ARE EXEMPT FROM MEMBERSHIP DUES BUT ARE ASKED TO COMPLETE THE REGISTRATION FORM.
Questions: Call Michelle at 772-220-8018
Please Complete Other Side
Page 1 of 2
21
The Side Bar - June 2010
Don’t Miss Your Chance to Be Included in the 2011 MCBA Legal Directory and on the Website
Only current Martin County Bar Association Members will have their photo included, if available, in the 2011 “Face Book”
Legal Directory of all Martin County Attorneys. Additionally, only members will have Email and Website addresses listed
and be separately identified by his/her legal practice areas of specialty. As always, the MCBA Legal Directory will be
sent to all legal firms and associated businesses in the community, as well as be given to selected sponsors of MCBA
events.
For this reason alone, Membership in the MCBA is by far the best Marketing dollars you could spend this year! A
sample Directory Listing will look something like this:
Sample Directory Entry:
Member w/Picture
Sample Directory Entry:
Member w/o Picture
Sample Directory Entry:
Non-Member
MCBA
Non-Member
Jones, Tara Lee
Smith & Jones, PLLC
401 Common St., Sunrise Plaza, Ste. 800
Stuart, FL 34995
Tel (772) 782-2229, Fax (772) 742-0704
E-mail: tara.jones@smithjones.com
Web: http://www.smithjones.com
Practice Areas: See Section 3
1.
Jones, Tara Lee
Smith & Jones, PLLC
401 Common St., Sunrise Plaza, Ste. 800
Stuart, FL 34995
Tel (772) 782-2229, Fax (772) 742-0704
E-mail: tara.jones@smithjones.com
Web: http://www.smithjones.com
Practice Areas: See Section 3
Doe, John A.
Smith & Jones, PLLC
401 Common St., Sunrise Plaza, Ste. 800
Stuart, FL 34995
Tel (772) 782-2229; Fax (772) 742-0704
Your Name EXACTLY as you want it to appear in the Directory (PLEASE PRINT):
___________________
__________________ _____________________, ___________
(First)
(Middle)
(Last)
(suffix, if any)
2. Circle all practice areas listed below for which you would like to be included. The categories will appear as is:
Accidents/Personal Injury
Consumer Protection
Estate Planning - Wills, Trusts
& Probate
Medical Malpractice
Admiralty & Maritime Law
Contract law
Family Law
Patent Lawyers (Registered)
Adoption
Corporations/Partnerships/
Business (transactional)
Health Law
Patents, Copyrights, Trademarks
Antitrust
Criminal Defense
Homeowners Association Law
Probate (Wills, Trusts & Estates)
Litigation
Appellate Law
Disability Law
Immigration
Product Liability
Bankruptcy
Divorce
Insurance Law/Bad Faith
Professional Liability
Business/Corporate Litigation
Education Law
Intellectual Property & Trade
Secrets Litigation
Real Estate (Transactional)
Civil Rights
Elder Law/Guardianship
International Law
Taxation
Civil Litigation (general)
Eminent Domain
Land Use/Zoning/City Planning
Traffic
Class Actions
Employment/Labor Law
Landlord/Tenant
Worker's Compensation
Complex Commercial Litigation
Entertainment Law
Legal Malpractice
Construction Law
Environmental Law
Mediators
3. Members’ 2010 Legal Directory photo, if available, will be used unless Members provide a replacement photo. New
members are encouraged to provide a photo. It is your responsibility to e-mail your professional head-shot photo
(new or replacement) in .JPG format no later than October 1, 2010 to Michelle Katzman at:
martincountybarassociation@msn.com.
Members who do not provide a photo will have the MCBA logo inserted.
Please note, practice area inclusion is also subject to the October 1, 2010 deadline.
22
Page 2 of 2
The Side Bar - June 2010
Are you currently working on a Pro Bono case not referred by Florida Rural Legal Services, Inc.?
It is almost that time of year again to report your compliance with the pro bono publico responsibility of Florida Bar
membership. On June 1, 2010, Florida Rural Legal Services, Inc. mailed our annual request for a pledge of pro
bono time or a tax-deductible donation. Your contribution to the local pro bono efforts at FRLS, whether by a taxdeductible donation, volunteer hours, or both, dramatically increases our ability to provide legal services within the
local community.
Often, attorneys will provide free services to indigent clients or those who otherwise cannot afford an attorney. I
would like to remind you that if your client is eligible for services through Florida Rural Legal Services, Inc., we will
provide forms, insurance coverage, and cost reimbursements for certain expenses (costs over $200.00 require prior
approval from FRLS). A person must meet federally mandated poverty guidelines, and other established criteria to
qualify for services.
Florida Rural Legal Services, Inc. receives federal funding through Legal Services Corporation. LSC funding
comes to our program with restrictions on what services we can and cannot provide. We currently have pro bono
opportunities available in a variety of substantive areas, including: foreclosures, consumer law, landlord tenant law,
public benefits, employment, and elder law issues. We are not able to provide any legal services to those with
criminal matters.
If you have any questions, or are available to assist with a case, please contact Carolyn Fabrizio, Pro Bono
Coordinator, at (772) 466-4766, ext. 7024. As always, we thank you for your assistance with the Nineteenth Judicial
Circuit Pro Bono Project.
23
The Side Bar - June 2010
Law Library Committee
Eric Buetens, Chair
The Law Library Committee, using funds provided by the Martin County Bar Association
has the following audiotape sets available for free to Martin County Bar Members at
the Law Library in the Courthouse. Hours can be reported online or by scan form. Short
sets (such as the Ethics only tapes) may be checked out for one week. Longer sets (8 +
credits) may be checked out for two weeks, although the sooner they come back to the
law library, the better. The following Tapes also provide Martin County Bar Members the
opportunity to earn CLE credits and stay up-to-date on the state of the law. Stop by the
Law Library to take advantage of this Martin County Bar Member benefit.
FLORIDA BAR CLE AUDIOTAPES and AUDIO CDs
•
Newly arrived CD seminar: Topics in Evidence 2010 -7.5 General credits - 1 Ethics credit - expires
9/4/2011. Topics: 1. Resolution of Conflicts Among District; 2. Attorney Client Privilege & Corporations;
3. Work Product Doctrine; 4. Experts for the State & Federal Practitioner; 6. Sequestration of Witnesses;
7. Evidentiary Foundations; 8. Difficult Witnesses on Cross-Examination
•
Newly arrived CD seminar: Real Estate Practice in Hard Times - 5 General credits, 1 ethics credit expires 8/19/2011. Topics: 1. Mortgage Foreclosures; 2. Foreclosure or Deed in Lieu; 3. Title Insurance
Claims; 4. Practical Tips for Avoiding Legal Malpractice Claims; 6. 2009 Amendments to the Lis Pendens
Statute and 7. Respa reform.
•
Newly arrived CD seminar: Land Trusts: Everything You Always Wanted to Know and More - 6
General credits, 1/2 ethics credit. 1. History and Uses of Land Trusts; 2. The “Illinois” Land Trust, the
View from Illinois; 3.Florida Land Trust Act; 4.Selection of Land Trust Entity; Comparison with Other Forms
of Ownership; 5.Financing Considerations for Land Trusts; 6. Tax and Estate Planning Considerations;
7. Ethical Considerations and Conflicts Among Interested Parties; 8. Asset Protection Using Land Trusts
and 9. Panel Discussion on the Practical Applications and Uses of Land Trusts.
•
A DVD of the Surviving Spouse Seminar made possible by a grant from The Florida Bar Foundation
will be available at the Law Library for borrowing. The seminar took place Friday, April 23rd, 2010 - 2:00pm
- 5:00pm in the Johnson Auditorium at The Wolf High-Technology Center at Indian River State College
Chastain Campus on Salerno Road, Stuart.
•
Also available: FLORIDA DISPUTE RESOLUTION CENTER AUDIOTAPES. Mediation CME tapes: 13th
Annual Dispute Resolution Center Conference
To check on tape availability or rental charges call the Law Library, 221-1427.
Questions or Comments call Eric Buetens 546-6633.
Justice Teaching
The Honorable William L. Roby, Chair
For information about Justice Teaching please contact Judge Roby at 772-871-7252,
robyw@circuit19.org or visit the website at http://www.justiceteaching.org.
24
The Side Bar - June 2010
Foreclosure Committee
Trent Steele, Esq.
Latest Developments in Foreclosure-Locally and Statewide
In a stunning series of setbacks for lenders and judges trying to fast track mortgage
foreclosures, several recent rulings from Florida courts have made it more difficult for banks
to obtain summary judgments. In Riggs v. Aurora Loan Services, 35 Fla. L. Weekly D879
(Fla. 4th DCA April 21, 2010) and BAC Funding v. Jean Jacques 28 So.3d 936 (Fla. 2nd DCA 2010), two courts
recently overturned summary judgments where the plaintiffs failed to provide sufficient evidence that the notes
and mortgages they sought to foreclose had actually been transferred to them. Previously, lenders had been
filing affidavits that they owned the mortgages with little or no authenticated documentary proof presented.
Also, it was revealed that federal prosecutors and the Florida Attorney General’s office are investigating a
subsidiary of a top provider of documentation used by banks in foreclosure actions in Florida. The subsidiary
is suspected of creating tens of thousands of fraudulent assignments of mortgages and other documents for
banks and law firms seeking foreclosures.
To add to the workload for lenders, the Florida Supreme Court recently enacted a rule requiring banks to certify
under oath that the claims made in foreclosure complaints against homeowners were true.
Also, Chief Judge Levin and Judge Conner will be hosting another bench/bar conference on July 30th at
2pm (Courtroom 1 of the St. Lucie Courthouse) to discuss the recently enacted Foreclosure Administrative
Order.
If you would like to join the foreclosure committee and learn more about foreclosure procedures in Martin County
and the 19th Circuit, or would like to assist in a community outreach program for residents facing foreclosure,
please contact me at trent@trentsteele.com. We will be holding our first meeting sometime in September. At
that time we hope to have one of the local foreclosure judges in Martin County attending to discuss procedures.
Florida Association For Woman Lawyers (FAWL)
As the first year of our organization comes to a close, on behalf of our Members, Officers and Board of
Directors, I’d like to say thank you for all the community support we received. I would personally like to thank
the Officers and Board Members who helped organize, plan, and make this year a reality. And to our many
Sponsors, we extend our sincerest gratitude, as we could not have done it without you.
Leslie Kroger
FAWL President
We have been involved in some great events this year, and have been fortunate enough to link
up with and contribute to Safe Space, a wonderful organization in our community, which helps women and children
who have no other place to turn. Our hope is that in our second year we are able to not only continue our efforts,
but expand our contributions.
On May 27th, 2010, at Wine Styles in Palm City, our new Board of Directors and Officers were sworn in by Chief Judge Steven
Levin. Serving as President: Leslie M. Kroeger; President-Elect: Nina L. Ferraro; and Secretary/Treasurer: Barbara Kreitz
Cook. Returning to our Board are Donna E. DeMarchi, Jennifer A. Waters, and Sarah M. Vasquez, and we’re thrilled to
welcome four new Board Members: Heather Wallace-Bridwell, Peggy Wood, Preethi Sekharan, and Linda Weiksnar, and
are excited about the commitment they’ve made to further the goals of FAWL.
We look forward to a wonderful second year and hope that you all will continue to join with us in our mission of actively promoting
gender equality and the leadership roles of FAWL’s members in the legal profession, judiciary and community at large. To
achieve these goals, we will continue to uphold the highest standard of integrity, honor and courtesy in the legal profession,
promote reform in law, and facilitate administration of justice.
25
The Side Bar - June 2010
MALPRACTICE
Accepting referrals of plaintiff’s
legal malpractice cases throughout Florida
and Texas. Referral fees paid consistent
with governing bar rules.
Law Offices of
ERIC G. OLSEN
1333 NE Jensen Beach Boulevard
Jensen Beach, Florida 34957
Tel: (772) 225-3393
Fax: (772) 225-3394
ego@egolaw.com
www.egolaw.com
26
Stuart Law
Office Sharing
Office Sharing space available across
from the Courthouse in Stuart
Includes private office, shared
reception area, conference rooms
and copier. Free Internet.
Rent month-to-month.
Excellent referral opportunities
from current attorneys.
Contact: Chuck Geary
(772) 288-4357
The Side Bar - June 2010
NOTICE
FAMILY LAW UPDATE
with Judge Cox & Special Guest
TO:
ALL FAMILY ATTORNEYS
FROM:
JUDGE CYNTHIA COX
WHEN:
Tuesday, July 13, 2010
9:30 a.m.-11:15 a.m.**
Courtroom 7, IRC Courthouse, Vero Beach
PLEASE MARK YOUR CALENDARS AND PLAN TO
ATTEND THIS INFORMATIVE EVENT.
**2.0 hrs CLE credit applied for (1 of which is
ethics)
Course No.
27
Martin County Bar Association
PO Box 2197
Stuart, FL 34995-2197
Please Join Us For The MCBA’s Annual Banquet
Friday, June 4th at 6:30pm
At the Tuckahoe Mansion in Jensen Beach Florida
Located on the North end of Indian RiverSide Park at
1707 NE Indian River Drive in Jensen Beach.
Look For Your 2010-2011 MCBA Membership Application coming soon to your office. See Pages 21-22 Inside.
REMINDER: There are no MCBA luncheon meetings in June or July.
Wishing you a wonderful Summer! See you in August.
Upcoming MCBA Events
June 4, 2010: MCBA Banquet (6:30pm)
June 11, 2010: Lady Lawyers meet at Atlanta Bread (Noon)
June 17, 2010: Bankruptcy Committee meets at Manero’s
July 5, 2010: Independence Day (Observed); Courthouse Closed
July 9, 2010: Lady Lawyers meet at Atlanta Bread (Noon)
July 13, 2010: Family Law Update with Judge Cox (9:30am,
Courtroom 7, IRC Courthouse)
July 30, 2010: Appellate Practice Committee Meeting (Noon)
July 30, 2010: Bench/Bar Foreclosure Conference (2:00pm,
St. Lucie Courthouse)