You Can Make It Rain, Part 1

Transcription

Oct./Nov.
2009
Columns
2 President’s Message
3 Editor’s Comments
3 100% Club
4 Letters, Faxes, Emails
5 Criminal Practice
7 Tax Tips and More
9 Community Outreach
9 Young Lawyers
10 Bits & Briefs
11 The Rules Rule
13 Avocat de Famille
18 New & Reinstated Members
19 Address Changes
20 Clerk’s Corner
21 Real Life Practice
23 Ethics You Can Use
25 Member Benefit Program
27 Classified
28 Calendar
Bar News
1 21st Holiday Party
3 64th Oyster Roast
6 Holiday Party Events
8 Castagna Award Established
12 Employment Law Seminar
12 New Member Benefits
24 Thank You CBF Donors
Features
3
9
13
14
14
16
16
17
17
Stetson Wins
Criminal Justice Academy
One Who Righted Wrongs
Celebrating Pro Bono
Lessons from Pro Bono
CBA Veterans
What it Means to be a Veteran
One Campaign
Help Abused, Abandoned and
Neglected Children
For the members of the Clearwater Bar Association
21st Annual Holiday Party
by David Robert Ellis
It’s that time of year again, time for the Clearwater Bar Foundation’s Holiday Party! This
year’s event promises to be even bigger and
better last year’s. Be sure to save the date on
your calendar. This year’s gala will be held on
Monday, December 7, 2009, from 6:00pm until
8:30pm at the Countryside Country Club,
located at 3001 Countryside Boulevard, in
Clearwater. Last year’s Holiday Party was an
unqualified success, thanks to our members
and their families who enjoyed an evening
of food, fun and camaraderie, while we also
raised funds necessary to support the Foundation’s mission.
This year’s Holiday Party will come complete with a gourmet buffet, loads of children’s
activities, and wonderful live holiday entertainment. The Largo High School Madrigal
Singers will be back dressed in authentic 16th
century costumes and singing traditional holiday songs. And yes, Santa will be there too!
The Clearwater Bar Foundation’s motto is
“Nos Prosum Factum,” which means “We Do
Good Stuff.” You can
help the Foundation
Do Good Stuff too, and
have fun doing it! Be a
sponsor—sponsorship
levels have been established to accommodate
every budget (see the
registration form).
Donate a themed
basket —they’re being
accepted now for silent
Tony and Carol Griffith
and Joan Vecchioi visit
the AllStar Limousine
before it fills up with
toys at the 2008
Holiday Party.
auction at the event. Invite your entire office
(professional colleagues and staff alike) and
their families—ticket sales will also help our
cause. Bring new, unwrapped toys which
will be distributed by Religious Community
see 21st Annual Holiday Party on page 6
2
•
October/November 2009
•
RES IPSA LOQUITUR
President’s Message
by Joseph A. Corsmeier
Things I Learned in Kindergarten:
Helping Others is Good… and Pro Bono is for the Public Good
Did you know that the ABA has designated October 25-31 as the First Annual National
Pro Bono Celebration? As lawyers, we know that we are expected to uphold the highest standards of personal and professional integrity, and as officers of the court, we also
have a professional responsibility to provide pro bono legal service to the poor. Pro
bono services may not only be provided to individuals but also to charitable, religious
or educational entities whose overall purpose is to address the needs of the poor.
Florida Bar Rule 4-6.1(a) states that each member of The Florida Bar in good standing, as part of that member’s professional responsibility, should (1) render pro bono
legal services to the poor and (2) participate, to the extent possible, in other pro bono
service activities that directly relate to the legal needs of the poor. Rule 4-6.1(b) states
that the professional responsibility to provide pro bono legal service to the poor may be
discharged by: (1) annually providing at least 20 hours of pro bono legal service to the
poor; or (2) making an annual contribution of at least $350 to a legal aid organization.
On behalf of the Clearwater Bar Association, I encourage every lawyer to perform
pro bono service in our community. As many of you know, Gulfcoast Legal Services has
many resources to help you find the “perfect” pro bono case. 20 hours a year is about 22
minutes a week and the $350 pro bono financial contribution is less than $7 per week.
See how easy it is?
Circuit Judge Jack Helinger has been appointed chair of the Sixth Judicial Circuit
Pro Bono Committee and one of the tasks of that Committee is to provide a Pro Bono
report to the Florida Supreme Court. If you have performed pro bono outside of a legal
aid organization, the committee would request the following information to assist in assembling the report, including: your name (optional); the area of law; nature of the case/
issue/clinic; number of hours spent on the case; the result (optional), and other details/
comments. Cases assigned through our local legal aid organizations have already been
included in the data.
The Clearwater Bar Association has its own Pro Bono Committee headed by cochairs Judge Linda Allan and attorney Marylou Miller Wagstaff. If you have ideas for
pro bono projects or for ways to recognize those who provide pro bono service, you can
contact the Clearwater Bar Association, Judge Allan or Ms. Wagstaff, or email me at
see President’s Message on page 4
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Clearwater Bar Association
•
Published by
The Clearwater Bar Association, Inc.
314 South Missouri Avenue, Suite 107
Clearwater, FL 33756-5858
Telephone: (727) 461-4869
Fax: (727) 461-0063
Website: www.clearwaterbar.org
E-mail: office@clearwaterbar.org
O F F I C E R S – Terms Expire 2010
Joseph A. Corsmeier, President
Donald S. Crowell, President-Elect
Jennifer A. Ficarrotta, Secretary
Marcus A. Castillo, Treasurer
Jeffrey A. Albinson, Past President
799-1688
464-3354
461-1818
535-4544
813-222-0400
D I R E C T O R S – Terms Expire 2010
Stephanie R. Bolton
813-223-7000
John Davis Fernandez
461-4441
Myriam Irizarry
464-3341
Gale H. Moore
584-2528
D I R E C T O R S – Terms Expire 2011
Kimberly A. Campbell
Sherwood ‘Flip’ Coleman
Bridget A. Heptner
Charles E. Lykes, Jr.
461-4955
582-6274
726-9799
441-8308
EX OFFICIO
Zackary Zuroweste, YLD President
Joshua T. Chilson, YLD Pres.-elect
Andrew B. Sasso, TFB Board of Gov. David Robert Ellis, Foundation Pres.
Karen France, Executive Director
796-7666
796-8282
725-4829
518-6544
461-4869
EDITORIAL C O M M I T T E E
Scott E. Schiltz, Editor
John Aldridge, Advertising Manager
Karen France, Production Manager
461-1818
461-4869
461-4869
The Res Ipsa Loquitur supports participation of the membership in production
of the publication. We encourage you to
submit articles and letters. However, we
reserve the right to edit any submission and
to publish only those articles that we, in
our sole discretion, deem appropriate.
NOTE: The comments, messages, statements
and opinions, legal or otherwise, expressed in
the articles herein are exclusively those of the
author and shall not be considered to be those
of the Clearwater Bar Association, its officers,
directors, agents, this publication, its editors or
staff. Additionally, the comments, statements and
articles contained herein are general in nature and
should not be relied upon as a basis for any legal
opinion, action or conclusion on the part of the
reader with respect to any particular set of facts
or circumstances.
www.ClearwaterBar.org
Editor’s Comments
RES IPSA LOQUITUR
by Scott E. Schiltz
This edition of Res Ipsa Loquitur is our “promote Pro Bono” edition.
The Clearwater Bar Association has a long and proud tradition of providing Pro Bono services to the underprivileged. In looking through
the Res Ipsa archives, I notice a theme of help to the disadvantaged
through our Bar Association. The December 1981 edition discusses the Lawyer Referral Service implemented in mid 1980 and boasts that over 3400 referrals had been made
over the first 18 months. The service divided cases into regular rate, reduced rate and Pro
Bono cases. This system replaced the earlier one where each attorney voluntarily helped
needy clients that came into their own offices. We urge you to get involved with Pro
Bono services now, either as a volunteer Guardian ad Litem or by taking a Pro Bono case.
On another note, Wally Pope, after seeing a list of veterans in the Paraclete, the St.
Petersburg Bar’s newsletter, asked if we could do the same. We can and have. See the
list on page 16. Also join us November 12 at our membership luncheon when a panel
of CBA veterans will share their stories. If you have served and are not listed, please
contact Clearwater Bar staff at 727-461-4869 with your branch, highest rank achieved
and dates of service.
•
•
3
Congratulations!
100% Club
Member Firms
Barrett & Barrett
Baxter, Strohauer, Mannion & Silbermann, P.A.
Denis M. de Vlaming, P.A.
Robert C. Dickinson III, P.A.
Law Offices of Thomas J. Donnelly
John D. Fernandez, P.A.
Freeborn & Freeborn
Golson Law Firm
Gruskin & LaBerge, P.A.
Gulfcoast Legal Services, Clearwater Office
Law Offices of Jeffrey A. Herzog, P.A.
Ingram & Eno, P.A.
Johnson Pope Bokor Ruppel & Burns LLP
Koch, Smith & Hoffman, P.A.
The author practices family law in Clearwater at Johnson Pope Bokor Ruppel & Burns, LLP. He is
past president of Clearwater Bar, past chair of its Family Law Section and Pro Bono Committee,
and currently serves on the Board of Trustees of Clearwater Bar Foundation and is editor of Res
Ipsa Loquitur.
Kwall, Showers & Barack, P.A.
Randall J. Love, P.A.
Macfarlane, Ferguson & McMullen
McFarland, Gould, Lyons, Sullivan & Hogan, P.A.
Stetson Wins Competition
Stetson University College of Law students won the 28th Annual John Marshall Law
School International Moot Court Competition in Information Technology and Privacy
Law in Chicago Oct. 1-3. Thirty-two teams competed, including five from overseas.
The Stetson Law team of J’Aimee Crockett, Aisha Sanchez, and Ryan Schmidt beat a
team from Loyola University New Orleans College of Law in the final round.
“Our students accomplished an incredible feat in oral advocacy,” said Moot Court
Advisor Professor Stephanie Vaughan. “They prepared extremely hard and were honored to compete against such talented students from around the globe.”
Professor Brooke Bowman, who dedicates many hours to helping prepare Stetson
Law students for competitions, coached the winning team to victory.
Established in 1981, the Moot Court Competition in Information Technology &
Privacy Law has grown into one of the largest and most prestigious international moot
courts, bringing together law school students from across the country and around the
world to brief and argue unresolved issues of technology law. The competition is hosted
by the Center for Information Technology & Privacy Law at John Marshall Law School.
Stetson’s Moot Court Board is composed of a select group of students who compete
in interscholastic moot court competitions throughout the United States and around
the world.
McGuire Law Offices
McManus & McManus, P.A.
Law Office of Thomas O. Michaels, P.A.
Moody and Shea, P.A.
O’Connor & Associates
O’Connor Law Group, P.A.
The Law Offices of Raymond L. Parri, P.A.
Peacock, Gaffney & Damianakis, P.A.
Pearse & Stinson, P.A.
Peebles & Gracy, P.A.
Perenich, Caulfield, Avril, Noyes & Perenich, P.A.
The Law Offices of Perenich & Perenich, PL
The Persante Law Group, P.A.
Policastro & LeRoux, P.A.
Protonentis & Remley, P.A.
Reeser, Rodnite, Outten & Zdravko, P.A.
Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A.
H. Dennis Rogers, P.A.
Sasso & Bodolay, P.A.
Law Offices of Timothy C. Schuler
Swope & Bright, P.A.
64th Annual Oyster Roast
Tanney & Griffith, P.A.
Thompson & Foote, P.A.
March 20, 2010
Tinny, Meyer & Piccarreto, P.A.
Though the event is still several months away, the
Oyster Roast Committee will begin organizational
meetings soon. If you are interested in chairing or
helping on a specific sub-committee for the event,
please contact event chairman Jim Royal before
August 31, 2009, at jer@thomasjdonnelly.com. The
event sub-committees are set-up, food stations,
clean-up, the bar, lighting, goody bags, recycling,
and the oyster booth.
Tragos & Sartes, P.L.
Tucker & Ludin, P.A.
Show your firm’s support and pride in the
Clearwater Bar by becoming a member of the
100% Club. It’s easy ! Just fax CBA a sheet of
your firm’s letterhead and a contact name to
727-461-0063, and we will do the rest. Questions? Call CBA at 461-4869. Find a CBA
application for your firm’s non-members at
www.clearwaterbar.org.
•
4
•
•
RES IPSA LOQUITUR
NEED
CLE CREDIT
FAST?
CBA has a selection of
CLE programs on CDs
and audio tape cassettes
available for purchase.
Contact the bar office to
request a list of titles or visit
clwbar.org/tapes.html.
Orders are filled in
4–5 business days.
Rush service is available.
CALL 461-4869
Letters, Faxes, Email
Dear President Joe Corsmeier:
Permit me to express my sincere thanks to you, and through you to the membership
of the Clearwater Bar Association for the honor of the creation of an award in my name
at the meeting of September 3rd. While I recognized that the invitation to attend the
particular meeting was unusual in that it so graciously included my family, my law clerk
and my judicial assistant, I did not anticipate the extent of the forthcoming recognition.
Needless to say, I am proud to receive the award especially from a professional organization of which I have so long been a member and in which I have formed so many close
relationships. Ancient records suggest that I was attorney #34 in Clearwater and it has
been a joy for me to look back on the many educational and social Clearwater Bar activities in those early years; especially the “primitive” as opposed to the “luxury” oyster
roast events of recent years. Thank you again, and continuing good wishes to you all.
Sincerely,
William J. Castagna, Senior U.S. District Judge
To: The Clearwater Bar Association,
So many thanks to the Clearwater Bar Association for remembering Owen with the
gorgeous white arrangement sent to the church for his funeral service. The family and I
enjoyed having it at home as well!
Sincerely,
Peggy Allbritton
President’s Message
continued from page 2
president@clearwaterbar.org.
The Florida Bar and Supreme Court
will also present various pro bono awards
in early 2010 in Tallahassee, which
include the Bar President’s Pro Bono
Service Award, the Chief Justice’s Law
Firm Commendation, the Voluntary Bar
Association Pro Bono Service Award, the
Bar Young Lawyers Division Pro Bono
Service Award, and the Distinguished
Judicial Service Award. The deadline for
nominations is November 6, 2009 and
nomination forms and additional information are available on the Bar’s website,
www.floridabar.org. You can also call Murray Silverstein, a Sixth Circuit representative on the Bar’s Board of Governors
at (727) 822-7750 or email Murray at
murray@silversteinlawfirm.com.
Since we as lawyers strive for excellence in our areas of practice, shouldn’t we
also strive for excellence in the provision
of pro bono services? I encourage everyone to take up my challenge to meet the
highest standards of our profession and
perform pro bono services today and in
the future.
Thanks for reading this message. Until
next time… stay safe out there!
Dear Clearwater Bar Association,
On behalf of our family, many thanks for the lovely flowers sent for Bill Tanney’s
service. It was a wonderful gesture and very much appreciated.
Warm Regards,
Leigh Tanney Lasley
Dear Clearwater Bar Association:
The Florida Board of Bar Examiners wishes to acknowledge with appreciation the
following Clearwater Bar Association volunteers for their assistance in proctoring the
Bar Examination held July 28-29, 2009, at the Tampa Convention Center: Michael C.
Berry Sr., Katherine Cole, Lynn Hanshaw and Steven Williamson. The success of the
examination was due in no small part to their able assistance.
Audrey Fish, Examination Supervisor, Florida Board of Bar Examiners
LAWSUITS INVOLVING WILLS, TRUSTS, ESTATES,
AND EXPLOITATION OF THE ELDERLY
STEVEN G. NILSSON
Ameri-Life Towers
Countryside Blvd, Ste 100E
Clearwater, FL 33763
Office 727 725-9488
Fax
727 799-9488
atty.sgnilss@verizon.net
Background information available upon request
or at www.martindale.com
•
Criminal Practice
RES IPSA LOQUITUR
•
•
5
by Kym B. Rivellini
Who took the “Trafficking” out of Drug Trafficking?
Many legal terms have
meanings that are far
from obvious. I am not just speaking
of Latin phrases or technical terms, but
terms in general. That reputation is what
gets us accused of “speaking in Legalese”
and what requires an extensive definitional section at the beginning of almost
every chapter in the Criminal Laws and
Rules book. One particular term that carries one of the harshest penalties of any of
our criminal laws actually sounds plain,
understandable and obvious, but its legal
definition may actually shock you, and
that is “Trafficking.” The legal definition,
compared to its plain meaning, is the
equivalent of accusing someone of speeding when they are merely standing still.
To think of what it means to “traffic”
in drugs, you might envision at most, the
Cartel or the Mafia, or at least, someone moving or bringing drugs into our
country, state, city or neighborhood. It
may not even offend you to know that it
can be someone who merely possesses,
for example, 25 pounds of marijuana, 28
grams of cocaine, 14 grams of methamphetamine, or one kilogram of GHB. You
almost have to figure that anyone having
such quantities of what is already an illegal substance is “up to no good.” But do
you know what the difference is between
the known drug dealer caught carrying
a satchel full of crack cocaine and Aunt
25%
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Ethel who is driving home from the pharmacy to pick up what is a lawful prescription of your grandmother’s Hydrocodone
for her ailing back, with the intention of
bringing it to her bedside? Nothing, they
are both “traffickers” who could be facing
anywhere up to 3-25 mandatory years in
state prison.
Ironically the term “trafficking” is
not defined in the beginning of the Drug
Abuse Prevention and Control section of
893 of our Florida Statutes. It is, however,
referenced in 893.135, at the beginning of
what is known as the trafficking offenses.
It tells us that “[a]ny person who knowingly sells, purchases, manufactures,
delivers, or brings into this state, or who
is knowingly in actual or constructive possession of (insert type and weight of drug),
commits a felony . . . known as trafficking.” If you think that this interpretation
doesn’t lead to absurd results, think again.
Just this past month we represented a
gentleman who was working construction
on Clearwater Beach. The police officers
thought they saw something suspicious
over by his vehicle and began to question
him. After requesting a search, they found
a prescription bottle sitting in his center
console. He explained the medication
belonged to a worker he gave a ride to the
evening before. The officers verified his
story that the pills were his employee’s
and that they were lawfully prescribed
and current. Then they arrested him for
Trafficking in Oxycodone.
Now, did the State Attorney’s Office
eventually drop the charges? Yes. But
only after our client endured an arrest,
had to post bond, hire a lawyer, deal
with the stigma of having a “trafficking”
arrest, and consider the idea of having
to get his records expunged, something
for which he may or may not be eligible.
What is more typical though, is the true
addict, completely dependent on lawfully
prescribed pain medication, seeking additional relief on the street. It is not uncommon to see clients prescribed hundreds
of pain pills per month (we have seen as
many as 512 per month) by “real” doctors.
When the tolerance is built up, they’ll seek
more from anywhere they can get it. And
when they are finally caught incidentally,
and happen to have merely a handful on
their person, they are considered traffickers by the system. The statute needs to be
challenged in these situations so that the
absurd result does not become the norm,
and so that our prisons are not stocked
with medically created addicts.
The author practices with the Law Office of
Denis M. deVlaming, P.A., in Clearwater. The
firm specializes in criminal law. From 1995 to
1999 she was a prosecutor for the State Attorney’s Office, 6th Judicial Circuit.
At Berger & Dowling the focus of our practice
is insurance claim disputes and coverage denials. If your client’s insurance company fails to
pay a claim or denies coverage for any reason,
we are here to help.
We have over 20 years of experience in State
and Federal Court first party insurance
litigation.
*Referral fees paid pursuant to Florida Bar guidelines.
Berger & Dowling
Insurance Claim Denials
Coverage Disputes
727-785-5655 or 727-787-2217
BergerandDowling.com
law@bergeranddowling.com
Free Telephone Consultation
Referrals Welcome
•
6
•
•
RES IPSA LOQUITUR
21st Annual Holiday Party continued from the front page
Services and by Gulf Coast Jewish Family
Services to needy children in our community. Lastly, bring your checkbook to the
event (credit cards and cash work, too!)—
opportunities abound for you to bid on
fantastic themed baskets.
Although there will be a small charge
for admission to the Holiday Party, this
charge accounts for only about one-third
of the actual per person cost of the event.
This charge is necessary to provide quality
food and entertainment to our members
and their families.
Don’t miss this opportunity to ‘Do
Good Stuff’ with us! Contact any Foundation Trustee or contact the Clearwater
Bar office at 727-461-4869 for additional
information.
CBF Partners — 2009/2010
Your name could be shown in Foundation
Footnotes in each issue of Res Ipsa Loquitur—see sponsorship categories below.
Snowflake — $100
2 tickets to the event.
Recognition on all pre-event advertising.
Signage at event.
Inclusion in Res Ipsa in the event wrap up.
Sleigh Ride — $300
Recognition as a CBF Partner in each issue of the Res Ipsa through Oct/Nov 2010.
Recognition through December 2010 on
the CBF page of the CBA website as a CBF
Partner.
A link to your firm’s website from the CBF
page of the CBA website through December 2010.
If you are not a sponsor, reservations can
be made at $18 for adults and $10 for chil-
dren ages 3 to 15. Children 2 and under
are free. If you are a sponsor and have additional guests over and above the tickets
included with your sponsorship, the ticket
cost is discounted to $13 for adults and $7
for children ages 3 to 15. Children 2 and
under are free.
Foundation Trustee Tracy Jardine and
Foundation President David Robert Ellis
are co-chairs of the Holiday Party.
21st Annual Clearwater Bar Holiday Party
to benefit Clearwater Bar Foundation
Bring your entire office and their families
Monday, December 7, 2009 from 6:00–8:30pm
at Countryside Country Club
The fun kicks off at 6:00pm with something for everyone!
6:00–8:30pm—Throughout the evening you can enjoy…
Children’s Wonderland – Fun Events for the Kids
Extraordinary & Tantalizing Buffet and Cash Bar
Theme Basket Silent Auction
Designer Centerpiece Auction
Advertising benefits as listed under Snowflake level.
6:00–8:30pm—Madrigal Singers from Largo High School
Winter Wonderland — $500
6:15–7:15pm—A visit from Santa!
Lifeshots by Lowie will be capturing the magical moment on digital media
and the images will be emailed directly to you, post event.
7:30pm—Professional Portraits
Take advantage of a free sitting to get a family portrait or to commemorate the night with friends and colleagues. Photos will be available for
purchase online in the days following the event.
CBF Partner — $2,500
8:15pm—Auctions Close
Magical Holiday — $1,000
Introduction as a CBF Partner at the
event.
Recognition at the January 2010 General
Membership CBA Luncheon as a CBF
Partner.
A plaque recognizing your firm as a CBF
Partner.
8:30pm—Basket Challenge Trophy presented for the basket that brought in
the highest bid.
Don’t forget to bring new, unwrapped toys for donation
to RCS and to Gulf Coast Jewish Family Services.
Make your reservations now!
•
RES IPSA LOQUITUR
Tax Tips and More
gals and assistants are informed.
Inventory Filed with the Florida
Department of Revenue
Various – Florida Changes Effective
July 1, 2009
For those practitioners who were not able
to attend the legislative update seminar
the following are a few changes effective
July 1, 2009:
1) Fla. Stat. §732.402 has been
amended to (a) increase the exemption
for household furniture, furnishings and
appliances from $10,000 to $20,000, and
(b) limit the exemption for automobiles to
two motor vehicles which individually can
not weigh more than 15,000 lbs and (c)
include qualified tuition programs.
2) Fla. Stat. §735.203 has been
amended to provide that in a summary
administration if each trustee of a trust
is a beneficiary and is also a petitioner,
then each qualified beneficiary of the trust
shall be served by formal notice unless the
qualified beneficiary joins in or consents
to the petition.
3) Probate filing fees have increased in
Pinellas County from $280.00 to $400.00
and summary administration filing fees
have increased from $225.00 to $345.00.
4) Fla. Stat. §739.201(4) has been added
to provide that if a disclaimant disclaims
property over which a disclaimant has the
power to direct the beneficial enjoyment
of the property, then such power is also
disclaimed unless such power is limited
by an ascertainable standard or unless the
disclaimer otherwise provides.
Advice: Remember that the changes in the
law are effective now. Be sure your parale-
As most of you know the Florida estate
tax and the Florida intangible tax is
eliminated. Nevertheless, Fla. Prob. R.
5.340(d) requires that the inventory be
filed with the Florida Department of Revenue (“FDOR”). This author has received
notices from the FDOR that the inventory
does not have to be filed and there was
some confusion that while filing of an
inventory is required by the probate rules,
it is not a requirement of the FDOR. Tae
Bronner, the chair of the Florida probate
section, contacted FDOR and they will
stop sending the notices out.
Advice: Continue mailing the inventory
until the probate rule is changed.
Life Insurance Within IRAs
Many of your clients have life insurance
policies which may be held either in trust
or their IRAs. These policies probably have
not been reviewed for several years. Many
clients believe that the payments of life insurance premiums and the internal earnings of the life insurance will take care of
future premiums for many years. Unfortunately because of the stock market decline
and other economic issues the life insurance may not be paid up and therefore
your clients will have to pay for premiums
to retain their life insurance policy. If additional premiums are required they will
have to obtain these monies from other
sources. Many clients only source for payments may be an IRA. Unfortunately the
income payable from an IRA will be taxed
and therefore IRA distributions may not
•
•
7
by Linda S. Griffin
be the best asset to pay premiums. However, consider that the income tax paid at
a 35% or lower tax rate may be better than
paying a 45% estate tax rate.
Advice: Remind your clients to review their
life insurance policies if necessary or retain
someone to review those policies to see if
they are necessary or if they are substantially paid for or if premiums need to be
paid. Also consider life settlement alternatives or exchanges of such policies.
Favorable LLC Valuation Case
In Suzanne Pierre, (2009) 133 TC No. 2,
the valuation for a gift was based on an
interest in a single member limited liability company (“LLC”) not the underlying
value of the assets contributed to the LLC.
The LLC was a “disregarded entity” under
the “check the box” Treasury regulations.
The Internal Revenue Service (the
“Service”) argued that the gift transfer
should be valued as transfers of proportionate shares of the underlying assets.
The taxpayer argued that the taxpayer
made a transfer of an interest in an LLC
subject to valuation discounts for lack of
marketability and control, not an interest in the underlying assets. The Service’s
position was that the disregarded entity
under the Treasury regulations applied to
the valuation of the interests and therefore
a gift was made of the assets and not the
LLC interest.
The taxpayer argued that state law and
not federal law determines the nature of
the taxpayer’s interest in the transferred
property. The tax court agreed with the
taxpayer and concluded under New York
law that the taxpayer did not have an interest in the underlying assets of the LLC
which was recognized as a separate entity.
The tax court also held that neither the
“check the box” regulations nor case law
supported an outcome that the existence
of an entity validly formed under state law
is ignored in determining how the transfer of the property interest is valued under
federal gift tax law.
Advice: This is a favorable ruling for taxpayers who own LLCs in valuation cases.
As attorneys can see the Service is not letting up on attacks to valuation cases. Thus,
see Tax Tips and More on page 12
•
8
•
•
RES IPSA LOQUITUR
Not Just a “Plain” Bill
by Louis Kwall
William J. Castagna Award Established
Sometimes we never
know how the choices
we make will effect our life. In preparing
for this article I spoke to three individuals who told me about choices they made
which have had a long term effect on their
lives. Raequel Tomsich has been William
J. Castagna’s law clerk for over eight years.
Raequel told me Judge Castagna is first
and foremost a family man: very proud
of his family. He recognizes that people
have lives outside of the legal system.
Raquel says, “He doesn’t allow his cage to
be rattled.”
In the courtroom Judge Castagna
provides a consistency that allows lawyers
and court personnel to know what to expect and to act accordingly. Every lawyer
that appears before Judge Castagna tells
Raequel how much they enjoyed appearing before him. Finally, Raequel says when
she tells Judge Castagna she has the best
job, he disputes it saying no he does. Her
comments are consistent with those heard
from others.
Local lawyer and Clearwater Bar
member John Fernandez told me as a
young lawyer he would find himself going
to lunch at a restaurant on Garden Avenue
owned by a gentleman Nino Esposito.
The restaurant known as Nino’s was a
hangout for many of the lawyers here in
Clearwater. Nino was a longtime friend of
a local lawyer named Bill Castagna. John
tells me upon arriving at the restaurant
Nino would guide him to a table occupied
by Bill Castagna and other longtime local
lawyers and tell him to eat whatever they
ate. During these lunches John particularly got to know Judge Castagna and was
fortunate enough to have him become
a mentor to him. John describes Judge
Castagna as a very effective trial lawyer
and someone who has been a good friend
for many years. Judge Castagna still works
everyday and John believes one of the
reasons he does is that he loves the law
and likes lawyers. When you see Judge
Castagna smile you know there is a person
with a devilish sense of humor as well as
a great jurist. John says he feels lucky to
have developed a friendship with someone
who is a role model for so many of us.
John’s comments about Judge Castagna’s
demeanor are consistent with those earlier
expressed. Judge Castagna can still be
seen working out at the Wellness Center
on an almost daily basis.
Lastly, I had a chance to speak to
former Judge and longtime Clearwater
attorney, Joe Donahey about Judge Castagna. Back in the ‘60s as a young lawyer
Joe left the State Attorney’s Office where
he was part-time and joined the Law Firm
of Lloyd Mosely, a well known criminal
defense lawyer. His office was in the Webb
Building in downtown Clearwater. Probably 75% of the Clearwater lawyers over
the age of 50 at one time or another had
their office in the Webb Building. Because
of Mosely’s caseload, Joe found himself
alone in the office on many occasions.
Down the hall from him was the Law
Offices of William J. Castagna. During
the times Joe found himself alone in the
office, Judge Castagna served as a great
friend and mentor helping Joe with issues all young lawyers face. Joe describes
Judge Castagna as patient, kind and nice.
Joe describes him as a gentleman who
loved being a lawyer. Joe also recalled an
occasion when longtime Pinellas County
Judge John Bird sought the advice of then
lawyer Bill Castagna concerning a difficult
sentencing. Judge Donahey describes
Judge Castagna as someone trusted by all
in Clearwater.
Judge Castagna was born in Philadelphia and received his LLB from the University of Florida in 1949. Coincidently, he
and I both received our JDs the same year,
1967, from the University of Florida, College of Law. He practiced law in Clearwater from 1950 to 1979 when Jimmy Carter
see Not Just a “Plain” Bill on page 11
Judge William J. Castagna was honored by the Clearwater Bar on Sept. 3 with an award
named for him, ‘The William J. Castagna Award.’ In the future the award will be presented
to bar members or judges who have followed Judge Castagna’s path of more than 40 years
of extraordinary contributions to the legal profession and the judiciary. Castagna was
president of Clearwater Bar Association in 1965, has been on the bench for more than 30
years and celebrated his 85th birthday this summer. On hand at the CBA luncheon were
top row, left to right: Pat Griffith, son-in-law; C.A. Castagna, grandson; Charles Castagna,
son; Karen Castagna, daughter-in-law; Carol Arias, Judicial Assistant; Raequel Tomsich,
Law Clerk; Bob Abood, son-in-law. Bottom Row, left to right: Lisa Griffith, daughter;
Carolyn Castagna, wife; Judge William J. Castagna; Cathy Abood, daughter.
•
Community Outreach
RES IPSA LOQUITUR
•
•
9
by Cynthia Freed
The Criminal Justice Academy Readies Itself for the 2009–2010
Florida High School Mock Trial Competition
The Criminal Justice Academy is a fouryear high school magnet program with an
emphasis on law education. The academy
staff is committed to providing students
with an outstanding high school education in all academic areas. Students also
gain an understanding of the American
legal system and explore a wide range of
law-related career opportunities.
The academy’s Mock Trial Team has
been a prominent part of the Criminal
Justice Academy since its inception over
twelve years ago. Since that time, the team
has represented the Sixth Judicial Circuit
at the Florida High School Mock Trial
competition every year. Mock trial is a
great avenue for practicing questioning
skills, advocacy skills, speaking skills, and
cooperation.
Matthew Valentine, a social studies
teacher, has been the sponsor of the team
for the past seven years. He has seen many
students impacted by this opportunity.
“I am very proud of our mock trial team.
The team is arguably one of the best in the
state, with four top-five finishes in recent
years. The team has also won the coveted
Legal Professionalism Award for three
of those years. The students work very
hard with the help of attorneys, teachers,
parents and the community.”
Cynthia Freed, an English teacher is
co-sponsor of the team. This is only her
second year as the team’s co-sponsor, but
she finds the experience amazing for the
students. “I believe that this opportunity
is a great way for students to not only be
a part of a team in order to present a case
but also to polish their critical thinking
skills that will allow the students to be
problem-solvers.”
Lori Jones, a social studies teacher, is
joining the team as a sponsor this year.
She is a former paralegal who has had
experience coaching mock trials teams in
the past.
Ben Kanoski, attorney coach for the
team, will coach the CJA team for the first
Young Lawyers
by Zack Zuroweste
The Young Lawyers
Division stayed busy this
summer and is gearing
up for an active fall. Our
July meeting at The Venue was one of the
most well attended meetings in recent
YLD history and our group social at Bright
House Network Field in August was a huge
success. Our active membership is increasing and we are looking forward to growing
our membership more, as well as many
successful projects in the coming year.
Members of our Board attended the
2009 Voluntary Bar Leaders Conference to
learn new ways to improve the YLD. The
Florida Bar hosted the conference and presented a variety of topics to help bar leaders
improve their associations. Board members
Joshua Chilson (President-Elect), Colleen
Carson (Secretary/Treasurer) and Dan
Parri (Board member) attended the twoday conference in Tampa. Zack Zuroweste
(President) was asked to be a panelist and
gave two presentations on the latest social
networking tools.
On November 12, 2009, the Young
Lawyers Division will meet at Dunedin
Brewery in Dunedin for its monthly meeting. Check your email for upcoming YLD
events and to RSVP.
It may seem to early to talk about
the holidays, but YLD is asking all CBA
members to mark their calendars for Saturday, January 9, 2010, when we will once
again sponsor Holidays in January, from
11:00am–2:00pm, at Clearwater Marine
Aquarium, to benefit children in our area
who are caught in flux over the holidays.
Donations are sought to support the event
and will be used to purchase toys and
refreshments. Submit your donation to the
Clearwater Bar Foundation and receive a
tax deduction.
The author practices civil litigation and serves
on the board of directors of Clearwater Bar Association as Young Lawyers Division President.
•
time this year, but he has many years of
experience with mock trial competition
both at the local and state level.
In the mock trial competition students
are required to analyze a specific case.
Students take on the roles of attorney and
witness in relaying their version. They
use the relevant facts to create a course of
action that will allow their legal arguments to be warranted. Attorneys create
opening statements based on witness
testimony. The witnesses become knowledgeable of their testimony and provide
the attorneys with a credible account of
the facts at hand. It all ends with the challenge of creating a closing argument that
will match the testimony given during
the trial. The critical thinking skills that
the students utilize in order to create a
plausible case are incredible. The students
devote hundreds of hours after school and
on weekends to develop their positions
and learn the case material.
With all this in mind, unfortunately,
this is not a free activity for our students.
The cost of competition for the eight to
ten members we bring to the state competition in Orlando is about $2,000.00.
That does not include the incidentals we
provide for our students. Our students
cannot attend this competition without
the financial support from the local community and legal profession. This year we
are hoping that our students do not have
to be burdened by the cost of the trip. Last
year, unfortunately, each student had to
provide their own monies to take part.
Given the economic situation within our
schools today, the task is becoming more
difficult to provide these experiences for
our students. We are hoping, with your
help, that we will continue to provide this
professional experience to our students.
They are an amazing group of individuals who are interested in careers in law.
Through this experience, the students are
learning invaluable skills that will be used
throughout their careers.
We offer an open invitation to any
attorney who would like to volunteer his/
see Community Outreach on page 20
10
•
•
RES IPSA LOQUITUR
Need a hand with
your website?
Bits & Briefs
• Joseph “Jay” W. Fleece, III, Baskin
Fleece, has been selected by his peers
for inclusion in the 2010 edition of The
Best Lawyers in America® in the area
of Trusts and Estates. Mr. Fleece was
also named as one of the Florida Super
Lawyers for 2009.
• Wayne J. Boyer of Koch, Smith & Hoffman, P.A. has been selected by fellow
attorneys for inclusion in the 2010
edition of The Best Lawyers in America.
Mr. Boyer has been included in The Best
Lawyers in America for more than 10
consecutive years.
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• Five Clearwater Bar members are
among the Leadership Pinellas Class of
2010 including: Richard G. Buschart,
Bollenback & Forret, P.A.; Morgan
Gaynor, Mark Roman Law Group;
Denise Murphy, Denise N. Murphy,
P.A.; Timothy M. Papp, Giffin, Papp &
Associates, LLC; and Laura Leigh Snell,
Assistant Public Defender.
• Perenich, Caulfield, Avril, Noyes &
Perenich is pleased to announce that
Chelsie M. Lamie was selected for the
Tampa Bay Business Journal’s 2009 Up
& Comers Awards. More than 200 local
professionals were nominated. Lamie
and 31 honorees in the under-30 age
division will be recognized on Nov. 5.
• Kimberly J. Haikara, Esq. and Kimberly
Phillips-Haikara, P.A. are now known
as Kimberly Phillips Todd, Esq. and
Kimberly Phillips Todd, P.A.
• Sixth Judicial Circuit Judge Lynn Tepper, who presides over Family Court
cases in East Pasco County, was honored
by the Pasco County chapter of the
National Alliance on Mental Illness with
the organization’s Humanitarian Hope
Award because of “her ever-evolving
dedication to bring life, hope and guidance to the fallen society around her.”
The Hope Award recognizes individuals
“who have demonstrated courage, innovation and resiliency” in dealing with
persons with mental illness.
• Kinnear K. Smith, Koch Smith & Hoffman, P.A., has been selected by her peers
for inclusion in the 2010 edition of The
Best Lawyers in America in the area of
Family Law. Ms. Smith was also named
one of Florida’s Best Lawyers 2009 by
Florida Monthly.
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Over 45 Years of Combined Experience
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street • Clearwater, Florida 33756
727-461-1818 (Voice) • 727-441-8617 (Fax) • www.jpfirm.com
•
The Rules Rule
As fall weather tries to
merge into our tropical heat wave, the rule
maker is hard at work.
Halloween is careening around the “boo”
corner, but nothing scares the rule maker
from his job.
Adm. Order No. 2009-049 PA/PI-CIR
Re: Court Reporting Plan and Procedures
for Public Access to Electronic Recordings of Court Proceedings deals with the
Chief Judge’s authority to develop a court
reporting plan. This administrative order
develops and implements a circuit-wide
plan for court reporting for legal venues
required to be reported at the public’s
expense. This rule provides for electronic
recording and transcriptions of proceedings as well. Pursuant to the authority of
the Chief Judge, this rule deals with the
fundamentals of the court reporting plan,
including scope, a definitions section and
the record. The Court Reporting Procedures involves all of the court’s divisions, including procedures from hearing
officers and general magistrates. There
RES IPSA LOQUITUR
•
John Hopkins, Largo, Lealman, Meadowlawn, Morgan Fitzgerald, Oak Grove,
Osceola, Tarpon Springs and Tyrone.
If you had a client who was issued
a warrant via the “pay or appear” program, those warrants have been canceled
because the program to enforce the collection of court reduced costs and fines
is unconstitutional. See Attachment A
for recalled or cancelled warrants. Adm.
Order 2009-052 PI-CIR.
The month of January denotes some
changes related to administrative judges
and circuit assignments for Pasco (Adm.
Order No. 2009-057 PA-CIR and 2009058 PA-CTY) and Pinellas County (Adm.
Order No. 2009-059 PI-CIR). These assignments take place on January 1, 2010.
Falling Out! Connie R. Stephens
The author is a former editor of Res Ipsa Loquitur and past chair of CBA’s Family Law Section,
Bench Bar Conference Committee and Oyster
Roast. She practices family law in Clearwater.
Not Just a “Plain” Bill
Every successful team has a great leader,
and we’re lucky to have five!
Mark, Bryan, Jay, Matt & Terence:
Thank you for your thoughtfulness throughout the year
and for making our office an enjoyable place to work!
Happy Bosses’ Day,
Your Staff
1875 N. Belcher Road Suite 201, Clearwater, FL 33765
727-796-8282
11
by Connie R. Stephens
are rules related to hearings commenced
outside of regular court hours, procedures where the Court does not provide
a record, and court reporting procedures
in capital cases. There are rules related to
electronic recordings and miscellaneous
court reporting procedures.
If you are seeking to order a written
transcript (except in statutorily exempt
proceedings), you will need to review this
rule for the mechanics to do so. Transcript
Request Forms can be found at www.
jud6.org or via email at jmesa@jud6.org.
There are email sites for East and West
Pasco County as well. Audio CD Request
forms can be found on the internet cited
above as well, along with the same email
address. It is pay to play time as costs are
established for routine, expedited and
“super” expedited requests. Forms are also
attached to the administrative rule for
your review.
Adm. Rule No. 2009-051 PI-CIR
establishes a mechanism for referrals of
truancy petitions to a truancy magistrate
at the following middle schools: Azalea,
www.UsaLaw.com
•
•
appointed him to the Federal Bench.
Consistent with other aspects of his life,
Judge Castagna has been married to his
wife, Carolyn, for over 50 years. He and
Carolyn have four children, Lisa, Kathy,
William and Charles.
I was fortunate enough to get to know
Judge Castagna when his son Charles
had his mediation office out of our office
here in Clearwater. I always found Judge
Castagna to be a gentleman, a friend, and
someone to respect and admire. I will
point out, however, that he did set off the
alarm in our office one day when he came
to help Charles with some furniture in
the office. Fortunately, no arrest ensued.
Those in the Middle District of Florida
have been fortunate to be able to call Bill
Castagna, “Judge”during the past several
years. We in Clearwater are more fortunate as we can call him “friend.”
12
•
•
RES IPSA LOQUITUR
Employment
Law Seminar Set
For December 2
In difficult economic times, employers are
looking to effectively manage one of their
biggest costs, employees. The Clearwater
Chamber of Commerce and the Clearwater Bar Association have joined together
to present a seminar on employment law
which will address issues of concern for
all employers, large and small. Topics
that will be discussed include discrimination, harassment, whistleblower, employee
privacy and minimum wage and overtime
issues, and more.
Presenters include Seminar Chair
Ryan Barack, Kwall Showers & Barack,
P.A.; Marcus Castillo, Castillo & Haas,
P.A.; Colleen Flynn, Johnson Pope Bokor
Ruppel & Burns, LLP; and Grant Petersen,
Ogletree Deakins Nash Smoak & Stewart,
P.C.
Recognizing the tough economy, registration fees have been kept to a minimum
and a discounted rate is offered for multiple attendees from the same office. Join
us for information that could help you
from making mistakes that could cost you
a bundle! Clearwater Bar and Clearwater
Chamber members or staff $50, additional
staff of members $40, non-members $75,
additional staff of non-members $65.
The program is set for 8:15-11:45 a.m.,
Wednesday, Dec. 2, 2009, at the Teaching
Auditorium, St. Petersburg College, Drew
Street Campus, Clearwater. Additional information is available through Clearwater
Bar Association, www.clearwaterbar.org/
calendar.html or 727-461-4869.
Sponsored by Office Depot and Xerographics.
New Member Benefits
The Clearwater Bar Association is pleased to offer two new member benefits to assist you in your practice, helping you to be more efficient and to save money. Through
SeminarWeb CBA is offering on-line CLE. Through Office Depot you will be able to
enjoy deep discounts on supplies and products you already buy. Both of these benefits
are available to you right now.
Introducing Online CLE Seminars
You now have the opportunity to obtain CLE credits through a new self-paced online service. Available for your convenience 24/7, selected programs can be purchased
through a link on our website. The only requirements for you to participate are a
computer with high-speed internet access and Adobe Flash Player installed and a credit
card. You can even listen on your MP3 player or iPod!
You will be able to access these programs from your office, home or any place else
you might be. You can instantly download the programs as well as keep a record of
programs purchased and credits earned. Just go online, order the desired program and
proceed at your leisure.
To check it out, visit clearwaterbar.org. Start your journey to an easy and convenient
path with one of these five featured programs:
• Five “Must Have” Marketing Habits
• Making Crime Pay—The Collateral Estoppel Effect
• The Art of the Short Sale
• The Florida Bar’s Registered Paralegal Rule
• The New Custody Statute
Some programs are approved for certification credit. All of the details are available
on the web. A convenient toll-free HELP number is posted so that if you need assistance
it is available quickly at all times.
Of course CBA continues to offer DVDs. A list of available titles is available at
clearwaterbar.org/tapes.html.
Whether online or through DVDs, these services are available to members and their
staff at discounted rates. For more information contact CBA at 727-461-4869.
Presenting Office Depot
Who hasn’t been to Office Depot? Many of you already have a
‘rewards’ card or other account
at the depot! A new program is
now offered so you can continue to shop at your neighborhood store. In addition, you
can shop at officedepot.com/bsd and get a 7% discount on most of the items on the web.
There is also an additional list of 150 discounted key items used regularly in law offices.
Each participant can choose an additional 10 items for their own customized list to get
more great discounts. Sign up right now by calling Sandy Baskovich at 727-612-4836 or
emailing sandra.baskovich@officedepot.com.
Here are some of the great reasons to participate:
• Up to 7% off web pricing for select items.
to
• No contract. No sign up fees.
• Access to private website for order placement.
Tax Tips and More
when making gifts of LLC or family limited
partnership interests case law should be
carefully reviewed to respect the formalities
of such an arrangement.
Linda Suzzanne Griffin is a J.D., LL.M. and
Certified Public Accountant and practices in
Clearwater. Linda can be reached at Linda@
lawyergriffin.com.
• Orders of $150 or more receive additional discounts.
• FREE next-day delivery of in stock items for orders $50 or greater.
ys
It pa ember
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be a the
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rwat
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• In store discounts on supplies, furniture, business machines,
copy services and more when using the BSD Store Purchasing Card.
• Every purchase helps the Clearwater Bar too!
Be sure to check out the many other member benefits listed on page 25 or visit
www.clearwaterbar.org/benefits.html.
•
Avocat de Famille
For those of you who
have had a hearing with
Judge Pam Campbell
in the past few months,
you know that she was expected to rotate
to Judge McGrady’s section in St. Pete
civil, due to his election as Chief Judge,
replacing Judge Robert Morris who, of
course, is newest 2nd District Court of Appeal Judge. That leaves Clearwater family
practitioners with a new Judge in Judge
Campbell’s former section. Gov. Charlie
Crist recently appointed Interim City
Attorney for Gulfport, Thomas Minkoff,
new Circuit Judge to fill Judge Campbell’s
section. Judge Campbell will be missed
in Clearwater, and we wish her well in St.
Petersburg.
As this issue of Res Ipsa is sort of the
“Pro Bono” issue, let me take this opportunity to remind you family lawyers
RES IPSA LOQUITUR
•
•
13
by Scott E. Schiltz
of available Pro Bono opportunities. One
opportunity that I personally have found
to be most fulfilling, is to volunteer as a
Guardian ad Litem. Family Law Chair,
Bridget Heptner, maintains the list that
is distributed to all Family Law Judges.
This is a chance to make the difference in
a child’s life and to get Pro Bono credits
while doing it. For more information,
contact Bridget Heptner at 727-726-9799.
Also, Gulfcoast Legal Services can always
use a hand on cases. For more information, contact Jane Helms at 727-443-0657,
Ext. 101.
2nd DCA case of interest: Kamenski v.
Kamenski, 34 Fla. L. Weekly D1509, Fla.
App. 2 dist, July 20, 2009. The Former
Husband sought downward modification of alimony. The Former Husband
had been paying $1,000 per month. The
modification was based on an increase in
the Former Wife’s income from $17,500
per year at the time of Final Hearing to
$41,000 per year. The Former Husband’s
income actually decreased from $54,000
per year at the time of Final Hearing to
$50,000 per year at the time of modification request. The 2nd DCA reversed the
trial court’s denial of modification saying
this was not a case where the Former
Wife’s income increase was anticipated,
therefore the evidence did not support the
trial court’s finding.
Lastly, it is not too late to join the
Canakaris Inn of Court. Contact Scott
Schiltz for details at 727-461-1818.
The author practices family law in Clearwater
at Johnson Pope Bokor Ruppel & Burns, LLP.
He is past president of Clearwater Bar, past
chair of its Family Law Section and Pro Bono
Committee, currently serves on the Board of
Trustees of Clearwater Bar Foundation and is
editor of Res Ipsa Loquitur.
John Finch: One Who Righted Wrongs
by John D. Fernandez
Death’s pallor was on John Finch’s careworn face when last I saw him alive. “How
are you feeling, John? You look tired.” He
replied, with an uncharacteristic sadness
in his voice, “I’m okay, buddy. I’ve been a
little tired lately, but who isn’t?” Thinking
back on our conversation that day, that
faint voice I heard in the back of my mind
was the banshee’s wail that I had mistaken
for Wordsworth’s Solitary Reaper:
Will no one tell me what she sings?—
Perhaps the plaintive numbers flow
For old, unhappy, far-off things,
And battles long ago…
John Finch, modest, self-effacing,
and the antithesis of his legendary and
picaresque late uncle Alex Finch, had
always been something of an enigma,
even to those of us privileged to have
called him friend. An anachronism when
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compared with the self-aggrandizing,
self-referential modern lawyer-business
types, John rarely, if ever, approached the
practice of law from the standpoint of
profits. Quaint to some, John always saw
a lawyer’s role simply as: one who rights
wrongs. This legal philosophy of John’s led
to his penchant for presenting cases to me
for litigation which seemed hopeless or
quixotic; more often than not, I would relent against his importuning and agree to
proceed. Lawsuits such as wrongful adoption; medical malpractice upon welfare
recipients and with questionable liability
survived by foster children incapable of
expressing grief; and in one case, a claim
against a statutorily immune employer
brought by an epicene man who had been
bullied, pummeled and humiliated by his
fellow construction workers, hopeless at
inception, ended surprisingly well. But for
the pummeling, I would have put my foot
down on that latter case.
“John, don’t fall in love with this client,” I would implore. He would blithely
assure me that he would not; he did, all
see One Who Righted Wrongs on page 17
•
14
•
•
RES IPSA LOQUITUR
Celebrating Pro Bono
On October 20, the Pinellas County Board of County Commissioners declared October 25-31, 2009, Pro Bono Week.
Chairman of the Board, Calvin D. Harris, presented a proclamation to Hon. Jack Helinger, chair of the 6th Judicial
Circuit Pro Bono Committee. Representatives of organizations who help provide pro bono legal services in the
county were on hand for the presentation. From left to right: James L. Bennett, Pinellas County Attorney;
James D. Thaler, President, and D. C. Collins, Executive Director, St. Petersburg Bar; John P. Cunningham,
Executive Director, Gulfcoast Legal Services; Myriam Irizarry, Counsel to Clerk of Pinellas County Court;
Hon. Linda Allan, Co-Chair, Clearwater Bar’s Pro Bono Committee; Jane Helms, Pro Bono Coordinator,
Upper Pinellas County, GLS; Chairman Harris; Judge Helinger, Joseph A. Corsmeier, President, Clearwater
Bar; Elizabeth Porcelli, Community Law Program; Melissa Jagger, Sr. Program Attorney, Guardian ad Litem,
6th Judicial Circuit; Karen France, Executive Director, CBA; and Ken Burke, Clerk of Court, Pinellas County.
Lessons from Pro Bono Representation
by Judge Linda Allan
Before becoming a judge,
I practiced law for 25
years and devoted about
a quarter of my time to
pro bono representation. Charitable giving was always emphasized in my family
and church and I appreciated the sincere
and meaningful gratitude of the people I
helped. It genuinely made me feel good.
There were times, though, when my pro
bono clients were just as demanding and
frustrating as those who were paying a fee.
The stresses of the practice of law are many
—overhead, employee problems, filing
deadlines, clients, other lawyers and even
judges can cause a practitioner to question
his or her career choice. I recall a number
of times when the demands seemed most
overwhelming that I wasn’t filled with great
warmth toward anyone. The fact that part
of my stress was from work I was performing for free was sometimes particularly
irritating. These negative feelings passed
quickly though, and my pro bono clients
proved valuable on many levels. In fact,
while it’s perhaps expected that charitable
efforts will result in emotional satisfaction,
any financial success I achieved as a lawyer
was due in large part to my pro bono
clients. And, I learned important lessons
from this work that resonate even now in
my job as a judge.
I learned about many areas of the law
that I would never have known had I not
taken pro bono cases. Having a broad
understanding of the law is surprisingly
helpful in being a good lawyer even if one
specializes in a particular area. It’s amazing how often as lawyers (and as judges)
we are presented with a legal question that
can only be properly analyzed by knowledge of seemingly unrelated areas of the
law. My pro bono representation provided
me with an especially broad and rich
•
exposure to the law.
I also learned some very practical lessons. I quickly came to see how seemingly
huge and complex problems can sometimes be solved with one phone call. Not
being paid for work lends itself to trying
the simplest alternative first. As lawyers
it’s easy to get caught up in the complex
labyrinth of the law and not see the proverbial forest for the trees. The suspicion,
and even paranoia, that lawyers are prone
to feel after a few years in the business can
see Lessons from Pro Bono Representation
on page 19
RES IPSA LOQUITUR
•
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•
15
16
•
•
RES IPSA LOQUITUR
CBA Veterans
• Elihu H. Berman, U.S. Navy, 3 years during World War II.
• Ed Bound, U.S. Navy 1953-1957, Lieutenant (Senior Grade).
• William Burgess, U.S. Army, 1976–1995, almost entire time in
Special Forces, Special Forces Major.
• Michael A. Curry, Awerbach & Cohn, P.A., U.S. Marine Corps
1992–1997, Sergeant.
• Skip Dayhoff, Law Office of Charles S. Dayhoff III, U.S. Navy,
1970–1974, Petty Officer 2nd Class, Operations Specialist.
• Douglas M. de Vlaming, U.S. Air Force, 1968–1988, Lt. Col.
• Joseph Donahey, Retired Judge, U.S. Army Security Agency
1953–1956.
• Larry K. Meyer, Tinny, Meyer & Piccarreto, P.A , U.S. Army,
1961–1963, 1/LT (INF).
• Skip Olney, U.S. Army 1969–1973, Infantry Captain.
• Thomas E. Penick Jr., Retired Judge, U.S. Air Force, 1960–1969,
served as a Regular Officer (not a Reservist at that point in my
career), then received a Reserve Commission and went into the
USAF Intelligence career field, 1971–1994, Brigadier General.
• William G. Pontrello, U.S. Army 1963–1965, SP4-E4.
• F. Wallace Pope, Jr., Johnson, Pope, Bokor, Ruppel & Burns
LLP, U.S. Army 1962–67, Military Intelligence Branch, Captain.
• Judge Steve Rushing, U.S. Army Security Service, 1969–1972,
E-3.
What It Means To
Be A Veteran
by Chuck DeVlaming
It means that service was provided in the most
noblest of callings.
It means having a shared belief that the military
virtues of duty, honor, and country are virtues that should be
lived by.
It means having the understanding that living those virtues will
result in a good name, the moral strength to do what is right, and
a commitment to something beyond self.
• George Sanchez, U. S. Navy 1959–1963, E-5, 2nd Class Petty
Officer.
It means an understanding that a nation’s military is a direct reflection of the society it comes from and for that reason encouragement must be given to those military virtues that our nation
must frequently depend upon to insure its survival.
• Peter A. Sartes, Law Offices of Tragos & Sartes, P.L., U.S.
Army and Army Reserve 1993–2003, Captain.
It means not hanging those virtues in a closet along with the
uniform that was once worn.
• Judge John Schaefer, 6th Circuit, U.S. Army, 1974-1987 (Active
Duty), 1988–2002 (Reserves), Lt. Col.
• Harvey J. Spinowitz, U.S. Navy, 1963–1967, Petty Officer 3rd
Class.
• Robert G. Walker, Jr., Attorney at Law, 11th Special Forces
Group (Abn) 1968–1990, Master Sergeant (E-8).
It means that a large personal investment was made in the heart
and soul of this country that can only be justified by insuring
that the military virtues of duty, honor, and country are not only
encouraged in those who follow but are revered and respected by
both veteran and non-veteran alike.
Waldo*
“Patriotism is not a short and friendly outburst of emotion but
the tranquil and steady dedication of a lifetime.”
—Adlai E. Stevenson, Jr.
• Stephen C. Whalen, Stephen C. Whalen, P.A., U.S. Navy,
1987–1990, Lieutenant.
Nov. 12 Event Will Feature CBA Veterans
A panel of CBA veterans will share their experiences in the military at the November 12 Membership Luncheon at Harborview
Center, 300 Cleveland Street. A buffet opens at 11:45 a.m. with
the program beginning promptly at 12:10pm. Following lunch
enjoy a FREE CLE presented by Tom Sinclair, JD, on Litigation
Tools, Pro Doc Tools, and a Legal Research Primer, sponsored
by Westlaw. To RSVP contact CBA at 727-461-4869 or download
registration flyers at clearwaterbar.org/calendar.html. Registration
is required.
Author’s Note: I wrote this piece many moons ago. I have always written
a letter to the editor of the Tampa Tribune on Veteran’s Day, Memorial
Day, and the 4th of July. Not all get published, but it provides therapy
for me. In addition, if you go to You Tube and type in my name, Douglas
deVlaming, a 2:40 video will come up entitled, Retiring the Flags on the
Eve of Veteran’s Day. It was done by the St. Petersburg Times last year.
On the eve of every Veteran’s Day I go to the same spoil island and retire
the flags I have flown over the past year. The island can be seen from the
Harborview Center where we have our luncheons.
*I obtained the nickname Waldo about the time the movie The Great
Waldo Pepper was out.
•
RES IPSA LOQUITUR
One Campaign
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17
One Who Righted Wrongs
one attorney. one client. one promise.
Imagine the impact we could make if every attorney in the state of Florida took just one
pro bono case a year. That single contribution could drastically reduce the enormous
backlog of pro bono cases and
significantly improve access to
justice for all Florida residents.
Upon taking the oath at the
beginning of a career in law
each attorney makes a promise
to “never reject the cause of the
defenseless or oppressed or delay
anyone’s cause for lucre or malice.” In October the Supreme Court’s Standing Committee on Pro Bono, led by Judge William Van Nortwick, will launch the One Campaign
committed to giving attorneys the opportunity to renew that promise. The focus of
the One Campaign is to engage more attorneys in providing pro bono legal services
through their local legal aid programs by taking on ONE case. Put simply, the One
Campaign speaks directly to the number one issue that many attorneys cite as an obstacle to providing pro bono legal services: time. Through the One Campaign attorneys
are encouraged to take one case where they can utilize their unique skills to help regular citizens navigate the law. The One Campaign will also highlight both state and local
opportunities that attorneys can take advantage of to provide these pro bono services.
A Web site will soon be up and running to assist attorneys in finding opportunities
at www.onepromiseflorida.org. Locally, the Gulfcoast Legal Services Pro Bono Program
at 727-464-3267, ext. 101, is an excellent resource.
the while reminding me, as only he could,
that it was better to strive for good than
merely rail at ill. A more stubbornly dedicated legal advocate I have never known.
“We can’t let them outwork us, John,” he
would proudly observe.
It is only when colleagues die, especially in advance of what we have come to
expect as a normal longevity, that those
who live on begin to reflect, if for only
a short time, on the meaning of death.
Then it’s off again to the welter of busy
lives, back to the proverbial grind, the
race, the Fair:
They never hear the great dark
wings that beat in the air above them,
they think their moment lasts forever,
they are so intent that they scarcely
ever see themselves falter and grow
old. They never lift their eyes up to
the deathless stars above the deathless
Fair, they never hear the immutable
voice of time that lives in the upper air,
that never ceases, no matter what men
live or die. The voice of time is distant
and remote, and yet it has all of the
voice of million-noted life within its
murmur, it feeds on life and yet is lives
above it and apart from it, it broods
forever like the flowing of a river
round the Fair.
Thomas Wolfe—
Death the Proud Brother
He was a sparrow caught and lost in
the hypnotic stare of the serpent we call
the law, John’s family and friends will
miss him profoundly. (John Finch 19442009.)
Help Abused, Abandoned
and Neglected Children
The author practices in Clearwater at John D.
Fernandez, P.A.
Please join us, the Guardian ad Litem Foundation, advocating for the children of
the 6th Circuit Guardian ad Litem Program. The Guardian ad Litem Foundation
is hosting a cocktail hour with complimentary Hors d’oeuvres at The Venue, 2675
Ulmerton Rd, Clearwater, FL 33762-3337, 727-571-2222, on Thursday, November
19, 2009, from 5–8pm. The Guardian ad Litem Foundation’s mission is simple: To
provide a Guardian ad Litem volunteer advocate for every abused, abandoned,
and neglected child. Special Guest: Ashley Rhodes-Courter who entered the
Florida foster care system at the age of three. Read her life experience in her book
Three Little Words available at the reception. RSVP to 727-742-2869.
•
18
•
•
RES IPSA LOQUITUR
New & Reinstated Members
Welcome to the following new and reinstated members:
• Atkins, Laura A., Stetson University
College of Law Class of 2011, Undergraduate Degree from Boston University
2007, 655 77th Ave., St. Pete Beach, FL
33706, 515-7646, latkins@law.stetson.edu
• Barkley, Sarah H., Law Degree from
Stetson University College of Law 2009,
Undergraduate Degree from College
of William & Mary 2006, Carlson
and Meissner, Hart & Hayslett, 250
Belcher Rd. N., Ste. 102, Clearwater,
FL 33765, 443-1562, fax 449-0258,
shbark@gmail.com
• Castagliuolo, Eugene P., Temple
University School of Law 1987, Undergraduate Degree from Temple University 1981, Perenich & Perenich, 28059
US Hwy 19 N., Ste. 100, Clearwater, FL
33761, 669-2828, fax 669-2220, eugene@
perenichlaw.com
• Collum, William B., Stetson University
College of Law Class of 2013, Undergraduate Degree from Stetson University 2008, 101 S. Old Coachman Road,
Unit 335, Clearwater, FL 33765-4427,
813-857-5687, wcollum@law.stetson.edu
• Baya, Ryan E., Law Degree from
University of Florida 2007, Undergraduate Degree from Auburn University
2003, Zimmet Unice & Salzman, 2570
Coral Landings Blvd., Palm Harbor,
FL, 723-3772, fax 723-1421, rbaya@
• Conde, Clementine, Law Degree from
Western New England College of Law
1991, Undergraduate Degree from University of Miami 1988, Lucas, Green &
Magazine, 8606 Government Dr., New
Port Richey, FL 34654, 849-5353, fax
845-7949, cc@pascolawgroup.com
• Beardsley, Grant A., Stetson University
College of Law Class of 2012, Undergraduate Degree from University of
Minnesota 2007, 6150 Gulfport Blvd. S.,
Apt. 416, Gulfport, FL 33707, 715-2250523, gbeardsl@law.stetson.edu
• Cook, Gregory M., Law Degree from
Nova Southeastern University 1979,
Undergraduate Degree from University
of Florida 1972, United General Title
Insurance Co., 15950 Bay Vista Dr., Ste.
230, Clearwater, FL 33760, 800-4764365 x 1003, gcook@ugtic.com
zimmetunice.com
• Beavens, Sabrina C., Law Degree from
Undergraduate Degree from Ursinus
College 1997, Iurillo & Associates, P.A.,
1 New Hampshire Ave., Ste. 125, Portsmouth, NH 03801, 603-509-3932, fax
603-509-2860, sbeavens@iurillolaw.com
• Davis, Preston C., Stetson University College of Law Class of 2012,
Undergraduate Degree from Florida
State University 2009, 1302 52nd St.
S., Gulfport, FL 33707, 813-313-6362,
preston.c.davis@gmail.com
• Blackwell, Kendrick J., Law Degree
from Stetson University College of
Law 1994, Undergraduate Degree from
Washington & Lee University 1991,
Carey & Leisure, 622 Bypass Dr., Ste.
100, Clearwater, FL 33764, 799-3900, fax
799-8181, ken@tcarey.com
• Fluke, Michael D., Law Degree from
Duquesne University 1996, Undergraduate Degree from University of
Colorado 1993, Michael D. Fluke, P.A.,
2451 McMullen Booth Rd., Clearwater, FL 33759, 793-9000, fax 793-9008,
• Brunell, David J., Stetson University
College of Law Class of 2011, Undergraduate Degree from University of
South Florida 2006, 3313 W. San Pedro,
#4, Tampa, FL 33629, 813-468-0158,
• Haskins, Stephen H., Law Degree from
University of Florida 1980, Undergraduate Degree from University of Florida
1975, Lucas, Green & Magazine, 8606
Government Dr., New Port Richey, FL
34654, 849-5353, fax 845-7949, steve@
dbrunell@law.stetson.edu
• Carr, Raymond C., Stetson University
College of Law Class of 2013, Undergraduate Degree from St. Petersburg
College 2007, 6465 142nd Ave. N., Apt.
J101, Clearwater, FL 33760, 421-4606,
fax 442-8470, rcarr@law.stetson.edu
mdfluke@fpslegal.com
pascolawgroup.com
• Hayden, Nina L., Law Degree from
Undergraduate Degree from Columbia
Union College 1998, Public Defender’s
Office, Sixth Judicial Circuit, Criminal
Justice Center, 14250 49th St. N., Clear-
•
water, FL 33762, 464-6871, fax 464-6807,
nhayden@wearethehope.org
• Kane, Thomas E., Law Degree from
of South Florida 2003, Florin Roebig,
P.A., 777 Alderman Rd., Palm Harbor,
FL 34683, 871-1573, tek@florinroebig.com
• Kofoed, Lindsey C., Law Degree from
of South Florida 2005, 777 Alderman
Rd., Palm Harbor, FL 34683, 786-5000,
lck@florinroebig.com
• Malcarney, Keith C., Law Degree from
Villanova University 2005, Undergraduate Degree from Georgetown University
1994, Kirkland, Russ, Murphy & Tapp,
Certified Public Accountants, 13577
Feather Sound Dr., Ste. 400, Clearwater,
FL 33762, 609-707-2461, kmalcarney3@
yahoo.com
• Manthey, Sarah J., Law Degree from
Undergraduate Degree from University of Maryland Baltimore County
2004, Johnson, Pope, Bokor, Ruppel &
Burns, LLP, P.O. Box 1368, Clearwater,
FL 33757-1368, 461-1818, fax 441-8617,
sarahm@jpfirm.com
• Perry, Patricia Ann, Stetson University
College of Law Class of 2009, Undergraduate Degree from La Salle College
1975, U.S. Tax Service, Inc., P.O. Box
205, Largo, FL 33779, 585-1040, fax 5846801, patperry@ustaxserviceinc.com
• Pollack, Woodrow H., Law Degree
from Stetson University College of Law
2006, Undergraduate Degree from Colby, GrayRobinson, P.A., 201 N. Franklin
St., Ste. 2100, Tampa, FL 33602, 813273-5122, fax 813-273-5145, woodrow.
pollack@gray-robinson.com
• Radeline, Charles D., Law Degree from
University of Florida 2001, Undergraduate Degree from University of Florida
1997, Radeline Law Firm PLC, 3060 Alt.
19 N., Ste. B2, Palm Harbor, FL 34683,
785-1540, fax 787-0167, cdr@radeline.com
• Ragano, James M., Law Degree from
Catholic University 1994, Undergraduate Degree from Boston College 1991,
Dennen Ragano, P.L.L.C., P.O. Box 2379,
Tampa, FL 33601, 813-221-4529, fax 813221-4365, jragano@dennenraganolaw.com
• Rameriz, Tracy A., Law Degree from
University of Illinois 1994, Undergraduate Degree from Georgetown University
34654, 849-5353, fax 845-7949, tracyr@
pascolawgroup.com
• Rooth, Susan A., Law Degree from
Undergraduate Degree from Canisius
College, Buffalo, NY 1971, Rooth &
Rooth, P.A., 11201 Park Blvd., Ste. 21,
Seminole, FL 33772, 397-4768, fax 3914208, roothlaw@aol.com
• Sardella, Janet De’Ann, Stetson University College of Law Class of 2010,
Undergraduate Degree from West Texas
A & M University 2004, 3301 Bayshore
Blvd., #308, Tampa, FL 33629, 817-5423817, fax 813-288-0406, jsardell@law.
stetson.edu
• St. Clair, Judith R., Law Degree from
Florida Coastal 2007, Undergraduate
degree from Tusculum College 2004,
Pinellas County Public Defender’s Office, 14250 49th St. N., Clearwater, FL
RES IPSA LOQUITUR
33762, 464-7680, fax 464-7030, judithst.
clair@wearethehope.org
• Teismann, Kevin P., Law Degree
from University of Cincinnati 1970,
Undergraduate Degree from University of Cincinnati 1967, Law Offices of
Kevin Teismann, 1560 Gulf Blvd., #802,
Clearwater, FL, 595-3755, teismann@
tampabay.rr.com
• VanOosting, Emily K., Stetson University College of Law Class of 2012,
Undergraduate Degree from Stetson
University 2009, 1212 15th Ave. N., St.
Petersburg, FL 33704, 813-368-0272,
evanoost@law.stetson.edu
• Weiland, Douglas John, Stetson University College of Law Class of 2012,
Undergraduate Degree from University of California, Berkeley 1975, 3273
Landmark Dr., Clearwater, FL 33761,
409-2888, dweiland@law.stetson.edu
Reinstated:
• Green, Jr., Robert A., Law Degree from
Thomas M. Cooley 1997, Undergraduate Degree from University of Florida
34654, 849-5353, fax 845-7949, rob@
pascolawgroup.com
Address Changes
• Barnes, Bruce W., Bruce W. Barnes,
P.A., 100 Main St., Ste. 204, Safety Harbor, FL 34695
St. W., Bradenton, FL 34205, 941-7480100, fax 941-745-2093, mmagidson@
• Bell, Pamela Cole, 10333 Seminole Blvd.,
Suite 14C, Largo, FL 33778, 698-6739
• Miguel Devaux, Melissa, Miguel Law
Firm, P.A., 4511 N. Himes Ave., Ste. 200,
Tampa, FL 33614, 813-449-4439 or 4377000, fax 813-873-2330
• Bright, Margaret E., Swope & Bright,
P.A., 28870 U.S. Highway 19 N.,
#324, Clearwater, FL 33761, mbright@
swopebright.com
blalockwalters.com
• Spencer, Thomas E., P.O. Box 5917, 100
S. Belcher Rd., Clearwater, FL 33758,
spencerte@earthlink.net
• Conahan, Sean Michael, Fulmer,
Leroy, Albee, Baumann & Glass, 605 S.
Boulevard, Tampa, FL 33606-2629, 813739-7130, fax 813-739-7131, sconahan@
• Swope, Scott P., Swope & Bright, P.A.,
28870 U.S. Highway 19 N., #324, Clearwater, FL 33761, scott@swopebright.com
• Faehner, Michael J., Robbins Equitas,
2639 Dr. MLK Jr. St. N., St. Petersburg,
FL 33704, 822-8696, fax 471-0616,
• Zinober, Fredric S., Corless Zinober,
PLC, 1300 N. Westshore Blvd., Ste. 215,
Tampa, FL 33607, 813-258-4998, fax
813-258-4988, fzinober@czlegal.com
fulmerleroy.com
mfaehner@robbinsequitas.com
• Lennon, Simone A., Lennon & Honey,
P.A., 501 S. Fort Harrison Ave., Ste. 203,
• Magidson, Michael D., Blalock, Walters, Held & Johnson, P.A., 802 11th
•
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19
Lessons from Pro Bono
Representation
obscure an obvious potential solution.
It surprises me to this day how often the
easiest approach works. I’ve saved untold
hours of time and work both professionally and personally by merely making a
phone call.
I knew that I didn’t have to take a pro
bono case or matter unless I believed the
client had a valid legal position and that
it was one I genuinely cared to advocate.
Later, I would come to see the importance
of consistently applying this same principle to my paying clients. Once I made the
decision to only represent those clients for
whom I cared to advocate, the practice of
law became an actual pleasure for perhaps
the first time.
I obtained a tremendous amount of
paying business because of my pro bono
work. Some of my most lucrative cases
can be traced back to my pro bono efforts.
It’s amazing how many people you meet
in representing someone and when they
learn that you are handling a matter for
free, it leaves them with a good feeling.
They remember you, they trust you, and
when they need legal help or know someone who does, they refer to you.
Judges truly respect lawyers who do
pro bono work—a lesson that’s even more
evident to me now that I am one. Judges
have occasion to be exposed to greed
and selfishness on an almost daily basis.
In contrast, the generosity of pro bono
representation makes a good and lasting
impression. It enhances the reputation
and credibility of the lawyer performing
it. Having the respect of judges and one’s
peers is very important in attaining success as a lawyer.
So, by doing pro bono work, we not
only improve the quality of life for others,
but we can have a significant impact on
the quality of our own lives. Pro bono
work is good for the profession, good for
the community and good for our careers.
If you haven’t done much pro bono work
in the past, do yourself a favor and start
now. I predict you will develop a passion
for it, find it rewarding and continue to do
it for many years to come.
The author is a judge in the Sixth Judicial
Circuit of Florida. Judge Allan also serves as
co-chair of the Clearwater Bar Association’s Pro
Bono Committee.
20
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•
RES IPSA LOQUITUR
Clerk’s Corner
The Clerks of the Court
statewide suffered
substantial decreases in
funding due to legislative changes to the Clerks’ funding
structure. Despite this budgetary setback,
your Pinellas County Clerk of the Circuit Court, Ken Burke, is committed to
continuing to provide you with excellent
customer service. In order to maintain
a high level of customer satisfaction, the
office has undergone some restructuring.
We have tried to do this with minimal
impact to those we serve.
Some of the changes implemented
include:
• Official Records documents will be
processed and recorded at the Clearwater
and St. Petersburg courthouse locations.
Documents may still be dropped off at the
North County and Tyrone branches. However, these documents will be transported
to the closest location for processing.
• We no longer accept petitions for
injunctions against violence (domestic,
dating, sexual and/or repeat) at our North
County and Tyrone Branch locations. These
petitions may be filed at the Clearwater
Courthouse, the Criminal Justice Center
and/or the St. Petersburg Judicial Building.
• We request that when mailing
Probate documents to the Clerk’s Office,
you mail them to the Clearwater Courthouse location: 315 Court St., Room 106,
Clearwater, 33755. Pleadings may still be
by Ken Burke
dropped off at our branch locations and
from there they will be forwarded to the
Clearwater location for processing.
been made available to you since 2007.
They are:
• Civil Court Records: civilatty@
Some of our recent initiatives to enhance our ongoing services include:
pinellascounty.org
• E-recording: Deeds, mortgages and
other recordable documents can now
be electronically imaged and submitted
through established vendors to the Clerk’s
office to be recorded.
pinellascouny.org
• Felony Cases: felattycontact@
• Probate case file images are now
available online. Attorneys of Record may
contact the Probate department at 727464-3321 or probate@pinellascounty.org, to
gain access to the online images.
• Some customers have expressed the
desire to order and pay for copies online
using a credit card. We have added a copy
request system that enables purchase by
credit card. A fee of $5.00 for using this
payment method is collected by the credit
card processor. The Clerk keeps no portion of this fee.
• Deposit accounts are still available for those who wish to order copies
without using a credit card for payment.
Information about establishing a deposit
account and ordering copies using the account are available on our website, www.
mypinellasclerk.org.
There are email addresses available online to which you may send your request
for copies. However, for the convenience
of attorneys, separate email accounts have
• Misdemeanor/Traffic Cases:
misdattycontact@pinellascounty.org
• Probate Cases: probate@
pinellascounty.org
• Official Records: ORcopy@
pinellascounty.org
If you would like to provide feedback
on any of our services please call the Administrative office at 727-464-3341, send
an email to clerkinfo@pinellascounty.org or
complete an online comment card found
on our website at www.mypinellasclerk.org/
attysurvey.htm.
Ken Burke is the Clerk of the Circuit Court,
Pinellas County, Florida.
Community Outreach
her time and skills to students by attending practices and scrimmages. If you are
interested, please contact Matthew Valentine via email at valentinema@pcsb.org.
The author is an English Teacher at Pinellas Park High School and can be reached at
Pinellas Park High School, 6305 - 118th Avenue
North, Largo, FL 33773, 727-538-7410.
MATHIEU MEDIATIONS
James Mathieu, Esq.
Certified Circuit Court Mediator
Full time mediator serving
Pinellas, Pasco and Hernando Counties
Reasonable Rates, no travel charges and
on-line calendar availability
727-844-5000
7710 Grand Blvd. Port Richey, FL 34668
jim@mathieumediations.com
www.MathieuMediations.com
•
Experience
30 Years Civil Litigation
Member Florida & Pennsylvania Bar
Real Life Practice
RES IPSA LOQUITUR
•
•
21
by Nora Riva Bergman
You Can Make it Rain—Part 1 of a 2-Part Series
Let’s face it; the weather
has been pretty dry lately
for a lot of attorneys. No matter where you
live or what your practice area, you’ve likely felt the heat from the economic drought.
But here’s the good news, you can begin to
create your own weather by putting four
simple strategies to work for you.
1. Become a natural marketer.
2. Understand that marketing is a
process to be mastered day-by-day.
3. Do what you love.
4. Find time to market, even if you’re
busy.
This month we’re going to focus on the
first two strategies. In next month’s newsletter, we’ll focus on steps three and four.
1. Become a natural marketer.
Attorneys tell me all the time, “Nora,
I’m no good at marketing. I’m just not
a natural marketer. I don’t like talking
about myself.” I tell them, “Phooey! You
can learn to be a natural marketer.” Before
we go any further, let’s define marketing.
According to the American Marketing
Association, “Marketing is the activity, set
of institutions, and processes for creating,
communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large.”
Whew. That’s a mouthful. Here’s a simpler
way to say it: Marketing is about knowing what you do, knowing who your ideal
clients are, and building relationships that
get those clients knocking on your door.
So you’re thinking, “Of course, I know
what I do. I’m a lawyer. And a fine one,
at that.” OK, but being a lawyer is part
of who you are, not what you “do.” As a
lawyer, you guide people through some of
the most difficult and challenging times of
their lives. Maybe you help them survive
the break-up of a marriage or a business.
Maybe you help them find a way to survive after an injury leaves them unable to
work or they’ve been illegally fired from a
job. Knowing what you “do,” and how you
help people is critical to marketing your
services. It might be difficult for you to
talk about yourself, but you should be able
to speak with passion about what you do
for your clients.
Next you need to know who your ideal
clients are. When you know who your
ideal clients are, then you can begin to
develop relationships with those people
that surround your ideal clients. Let’s say,
you’re a family law attorney, and your
ideal clients are professional people with
a high net worth. Who are those types of
people surrounded by? How about starting with financial planners, investment
bankers, and business law attorneys? Once
you know who your ideal clients are and
the types of people they are surrounded
by, then you can get to work building
relationships with the right people.
Finally, you need to build real relationships that create great referrals for you.
The focus here is on “real relationships,”
not relationships just for the purpose of
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getting referrals, but relationships out of
which great referrals grow. In my example
above, I mentioned business law attorneys
as great referral source for a family law
attorney. There are a lot of business law
attorneys out there. But you’re not going
to build relationships with all of them.
You’re going to meet as many business law
attorneys as you can, and then, you’re going to build relationships with the one, or
two or three that you really hit it off with.
You’re going to build real relationships
with people you like, and you’re going to
get to know them and trust them. And
they’re going to get to know, like and trust
you. You’re going to become a great referral source for them, and they for you. It’s a
beautiful thing!
2. Understand that marketing is a process to be mastered day-by-day.
You don’t get up in the morning, brush
your teeth and say, “Whew, that’s done!
Don’t have to worry about that for another
month.” Think of marketing like brushing your teeth. You don’t brush your teeth
once a month or once a week. You brush
your teeth every day, twice a day, maybe
three times a day. Just like brushing your
teeth, you’ve got to focus on your marketing every day. You can’t go to an event
and say, “OK, I’ve done my marketing for
the month.” Nope. You’ve got to do a little
bit every day. Make a phone call each day
to a referral source. Send an email. Write
a note. Go to lunch. Have a beer. Play a
game of golf. Go shopping.
Here’s the other thing about brushing
your teeth and marketing. You don’t have
to think about brushing your teeth. It’s a
habit. A good habit. I want you to make
marketing a habit, something you do
without thinking about it.
When you make marketing a habit,
you’ll begin to see marketing opportunities everywhere. One of my clients told me
recently that she’d been approached by
a partner from a large business law firm.
She’s a sole practitioner with a successful
entertainment law practice. She’s worked
in big firms before and has no desire to
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see Real Life Practice on page 23
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Ethics You Can Use
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23
by Joseph Corsmeier
Web Social Media and Blogging and the Risk of Bar Discipline
A Florida lawyer was
upset with a judge and
did what many people do
these days; he talked about her on a web
blog and said that she was an “Evil, Unfair
Witch”. Since he is a lawyer, he was prosecuted by The Florida Bar and received
a public reprimand. As we all know, that
lawyer is not the only one who has blogged
and/or used web business and social
media; however, we lawyers face disciplinary risks since our freedom to complain
(particularly about judges) is very much
limited by the Bar rules (Rules 4-8.2(a) and
4-8.4(d) if you want to look it up).
An Illinois assistant public defender
was fired (after 19 years) as a result of
public blog postings about clients and
judges and faces discipline by the Illinois
Supreme Court. In a complaint filed by
Illinois disciplinary counsel, the lawyer
was charged with describing and discussing her clients and their confidences and
made it possible to identify them since she
referred to them by their first names, a
derivative of their first names, or by their
jail identification numbers. The lawyer was
also charged with blogging about a confidential admission by one of her clients to
making false statements to a judge at a sentencing hearing and then failing to tell the
judge about the false statements to correct
the record. Finally, the lawyer was charged
with calling a local judge “a total a__hole”
and another “Judge Clueless” in her blog.
A California lawyer apparently caused
a criminal conviction to be reversed
because of his blog postings while serving
as a juror in that case. The lawyer was
accused of posting details of the pending
case on his blog and failing to disclose
that he was a lawyer during jury selection.
He defended that allegation by stating that
he had not been working as a lawyer at the
time and that he had only been asked his
“occupation”. The lawyer lost his job and
was suspended from practice for 45 days.
As many (if not most) of you are
aware, the Bar’s review and regulation of
social networking websites and lawyer
web directories is in its infancy and the
Florida Supreme Court has not implemented specific rules related to those
electronic communications (yet). An
exception is the current limited regulation
of lawyer websites, which are subject to
general lawyer advertising rules prohibiting false and/or misleading statements
and the requirement that the lawyer’s
office location be identified, among other
requirements. In a February 2009 opinion,
the Florida Supreme Court rejected the
Bar’s proposed rules for regulating lawyer
websites and encouraged the Bar to consider stricter regulations and restrictions.
We lawyers are always subject to
potential Bar disciplinary sanctions, even
in our private lives (and blogs), especially
if it is disseminated on the internet to
potentially thousands (if not millions)
of people. The Supreme Court’s February 2009 opinion stating that the Court
would entertain (and some might say have
advocated) more restrictive rules related
to lawyer websites could be a precursor to
potential additional review and regulation
of social and business networking pages
and websites and lawyers in the future.
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The author is a Martindale-Hubbell “AV” rated
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His practice consists primarily of the defense of
attorneys disciplinary and admission matters.
He represents all professionals in discipline
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Real Life Practice
go back. She told me that a year ago she
would have said, “No, thank you,” and
that would have been that. But now, she
says, “I told him that I appreciated the offer, but wanted to keep my own firm. Then
I told him I’d love to have lunch with him
and find out how we could each help each
other. I never used to think that way.” By
the way, that big-firm attorney has already
sent her a great referral.
So now you know the first two steps to
becoming a natural marketer. Next month
we’ll focus on doing what you love and
finding time to market, even when you’re
busy. Now, go call one of your best referral
sources and head out to her favorite restaurant. And… bring an umbrella.
The author is a business coach and practice
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employment law attorney and certified mediator and has served as a professor at both Stetson
University College of Law and the University
of South Florida, teaching courses in alternative dispute resolution and negotiation. She has
also served as the Executive Director of the St.
Petersburg Bar Association.
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RES IPSA LOQUITUR
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2633 McCormick Drive, Suite 101
Clearwater, Florida 33759
www.dalan-katz.com
Phone: (727) 796-1000 or (800) 538-4173
Facsimile: (727) 797-2200
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Email: chuckb@jpfirm.com
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Office Space
Services
• Office Space. Law office for the past 7 years. 1100
sq ft., four large rooms plus kitchen. Corner suite
faces Belcher Rd. Good Signage. Furniture and internet included. Building manager on site. $1350
monthly. Contact Glenn at 727-524-8100.
• Fulltime/Parttime Chauffeur your vehicle/limo.
I am a Florida resident since 1991. I am bonded,
discreet and professional. Professional references
supplied. Background Checks welcomed. Kenny
Bonfiglio@yahoo.com or 727-365-6920.
• Professional office and secretarial space in historic
house in Harbor Oaks area near downtown Clearwater. Closest office to Clearwater Courthouse.
Office features a fireplace and hardwood floors.
Rent includes receptionist, use of waiting room,
library/conference area and all utilities except
telephone. $600.00/month. Contact John Haggitt
at 727-461-3193 or 727-488-6548.
• Need help with appeals? Lennon & Honey, P.A.,
civil and criminal appeals. Assistance at all stages
of appellate litigation. We accept referrals or ghost
write. Reasonable rates. 501 S. Fort Harrison Ave.,
Suite 203, Clearwater, Florida 33756, 813-765-2555.
•
Letters, Faxes, E-mail
to the Editor
The CBA Res Ipsa Loquitur welcomes your comments on topics relating to the law, the legal
profession, the Clearwater Bar
Association or the Res Ipsa. Letters
must be signed, but names will be
withheld upon request. The editor
reserves the right to condense.
Editor, Res Ipsa Loquitur
314 S. Missouri Ave., Suite 107
Fax: 461-0063
Support our advertisers! Tell them you
saw their ad in Res Ipsa Loquitur.
•
27
For advertising information, contact:
314 S. Missouri Ave., Suite 107
Phone: 461-4869 Fax: 461-0063
Email: office@clearwaterbar.org
Send letters to:
• Seminole/Beaches—Offices for rent. Newly renovated office space available in 2-attorney suite.
Two large offices available, both with windows
and storage, beginning at $350/month or use both
as an office suite with separate entrance for $650/
month. Share conf. room/library and kitchen.
Perfect for solo attorney or satellite office. Call
727-596-7100
•
Email: office@clearwaterbar.org
Presorted Standard
US Postage
PAID
Clearwater, FL
Permit No. 352
314 S. Missouri Avenue, Suite 107
Clearwater, Florida 33756-5858
Change Service Requested
November 2009
Date
Group and Event
Time and Place
Registration
11-12
Membership Luncheon
11:45am Harborview Center
RSVP Bar Office 461-4869
11-12
FREE CLE – Litigation Support
1:30pm Harborview Center
11-12
5:30pm Dunedin Brewery
RSVP Colleen Carson 572-4545
11-13
Bankruptcy Committee
7:45am Bob Evans, US 19N
RSVP Steve Fishman 724-9044
11-13
Golf Classic
Noon-6pm Countryside Country Club
11-18
Family Law CLE & Elder Law CLE
11:45am The Clearwater Grand Hotel
11-19
Probate CLE & Civil Practice CLE
Noon The Clearwater Grand Hotel
11-26/27
Thanksgiving Holiday
CBA Office Closed
December 2009
12-02
Employment Law Seminar
8:15-11:45am Teaching Auditorium, SPC, Clw. RSVP Bar Office 461-4869
12-07
Holiday Party
6:00-8:30pm Countryside Country Club
12-10
5:30pm Casa Ludovico, Palm Harbor
12-11
12-17
12-17
Electronic Discovery CLE
5:00-6:20pm Teaching Auditorium, SPC, Clw. RSVP Bar Office 461-4869
January 2010
01-08
01-13
Judge Schaefer’s Roundtable
Noon Clerk’s Conf. Rm., 315 Court St.
01-14
Membership Luncheon
11:45am Harborview Center
01-14
FREE Professionalism CLE
1:30-4:30pm Harborview Center
01-14
5:30pm GrillSmith, Countryside & US 19
01-15
Law For Public Officials CLE
8:15-11:45am Teaching Auditorium, SPC, Clw. RSVP Bar Office 461-4869
01-18
Martin Luther King, Jr. Day
CBA Office Closed
01-20
Family Law CLE & Elder Law CLE
11:45am The Clearwater Grand Hotel
01-21
01-30
CLE @ SEA 2010
Departs Tampa
RSVP Millennium Travel 944-2000
Consult CBA’s web calendar for event updates at clearwaterbar.org. Click on date for details.
21st Annual Clearwater Bar Holiday Party
to benefit Clearwater Bar Foundation
Monday, December 7 from 6:00–8:30pm at Countryside Country Club
3001 Countryside Boulevard in Clearwater
Bring your entire office and their families and enjoy:
Tantalizing buffet and cash bar!
A visit from Santa!
Exciting new entertainment!
Children’s Wonderland!
Professional family portrait sittings
and traditional Santa photos.
Madrigal Singers from
Largo High School.
Silent auction of theme gift baskets
and holiday centerpieces.
Basket Challenge trophy presented
to donor of basket that brings
highest bid in the auction.
Sponsor Opportunities
Snowflake—$100
• 2 tickets to the event.
• Recognition on all pre-event advertising.
• Signage at event.
• Inclusion in Feb/Mar issue of the Res Ipsa
in the sponsor recap.
Sleigh Ride—$300
• Benefits as listed under Snowflake level.
Winter Wonderland—$500
Magical Holiday—$1,000
Deadline for reservations 5 pm, Dec. 1, 2009
Adults’
Name(s):
Deadline for cancellations for refunds
is 5 pm, Dec. 1, 2009.
Kids’ Name(s)
& Age(s):
Make checks payable to:
Clearwater Bar Foundation
314 S. Missouri Ave., Ste. 107
727.461.4869
Fax 727.461.0063
rsvp@clearwaterbar.org
I will donate a theme basket.
CBF Partner - $2,500
• Introduction as a CBF Partner at the event.
• Recognition at the January 2010 General Membership CBA Luncheon as a CBF Partner.
• A plaque recognizing your firm as a CBF Partner.
• Recognition as a CBF Partner in each bimonthly issue of Res Ipsa through Oct/Nov 2010.
• Recognition through December 2010 on the CBF
page of the CBA website as a CBF Partner.
• A link to your firm’s website from the CBF page of the CBA website
through December 2010
Sponsor Amount
Tickets (for non-sponsors):
Phone:
MasterCard
Visa
Account #:
3-Digit Security Code:
Authorized
Signature:
$
Discover Expiration Date:
#
Adults @ $18 =
$
#
Kids (3–15yrs) @ $10 = $
#
Kids 2 & under free
Additional Tickets for Sponsors:
#
Adults @ $13 =
$
#
Kids (3–15yrs) @ $7 =
$
#
Kids 2 & under free
Total cost $
Please bring new, unwrapped toys for children in need for distribution through
Religious Community Services and Gulf Coast Jewish Family Services.
Clearwater Bar Foundation is a 501(3) charitable organization and as such donations are deductible as per IRS regulations. Please consult your tax advisor.
Want to support the Clearwater Bar Foundation
at NO COST TO YOU?
Let me help you get through the fast approaching
SEASON OF GIVING
and I will donate 20% of your purchase price to the CBF in
your name!
Need some employee gifts that are
guaranteed to please and to fit within
your firm's budget?
1)
2)
3)
4)
Decide to give really creative gifts this year
Provide me with your budget per person
Provide me with your headcount of men/women
Sit back and relax
I will create beautifully wrapped gift baskets / bags
full of items that will be sure to please. All items will
be generic enough in nature to be enjoyed by
anyone, but will have a personal feel and a 100%
satisfaction guarantee!
If you wish, you can make your own selections as to
what I include in the baskets/bags.
Be her HERO this
Christmas!
Would you like to sweep your special
lady off her feet this Christmas?
On December 14th, you can begin presenting your
special lady with a beautifully wrapped gift, every
day for the next twelve days (or every hour on
Christmas Day, if you prefer)! Each gift will be
accompanied by a special gift card. The verse on
the card will correspond with a verse from the song
"The Twelve Days of Christmas", but with a little
romantic variation. Example: Day Two might be "On
the Second Day of Christmas My True Love Gave to
Me - Satiny, Kissable Lips" and contain a gift of our
indulgent Satin Lips Set. Get the idea?
Available and perfect for both men and women!
Prefer to give gift certificates? Let me help you
add a personal touch by packaging them with some
small items to make your expression of appreciation
come through loud and clear!
I will deliver your gifts to your office just before the
holidays, ready for your luncheon or party!
Order deadline 11/15
Tracy Jardine, Mary Kay Cosmetics
Independent Senior Beauty Consultant
office
cell
e-mail
(727) 475-6060
(727)
(
) 480-6658
tjardine@marykay.com
website www.marykay.com/tjardine
All items, of course, have a 100% satisfaction
guarantee and will be delivered to you elegantly
wrapped and ready for giving. I will do all the work
and you will get all the credit!
But...
reserve
yours early
for best
selection!
Similar packages available for:
moms or daughters, and
Hanukkah gift giving
Order deadline 11/30
Need some holiday shopping
money?
Host a Party With a Purpose with me and earn
up to $100 in FREE Product!
Ask me about the Mary Kay part-time and seasonal
opportunities to earn some extra money!

You Can Make It Rain, Part 1

Transcription

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