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Voluntary Bar Center

February 2010, Issue 50
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WHAT'S GOING ON AROUND THE BARS. . .

TAKE ADVANTAGE OF THE FLORIDA BAR JOURNAL SPOTLIGHT PAGE DEDICATED TO VOLUNTARY BAR ASSOCIATIONS. EACH AUTHOR (BAR ASSOCIATION) IS RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF THE SUBMITTED ARTICLE. THE JOURNAL IS BEST ABLE TO USE ARTICLES WHEN THEY DO NOT EXCEED TWO DOUBLE-SPACED, LETTER SIZE PAGES. ARTICLES SHOULD BE E-MAILED TO MJOHNSON@FLABAR.ORG TWO WEEKS PRIOR TO THE FIRST OF THE MONTH.

Foundation launches fellows campaign -- The Florida Bar Foundation has launched a series of local Fellows campaigns through which potential supporters will learn first-hand the difference the Foundation is making in their communities. The most recent Fellows campaign began in October with the Miami-Dade Young Lawyers Division, where Foundation Fellows Cristina Alonso and Damian Thomas are reaching out to their colleagues to share their unique perspectives on the Foundation’s mission. The Foundation is the only statewide organization that provides funding for legal aid and promotes improvements in addressing the civil legal needs of the poor. It provides about 30 percent of all funding for legal aid organizations in Florida. “The attorneys who committed to heading this campaign have witnessed how the Foundation helps ensure access to justice for Florida’s underprivileged and underserved,” said the Foundation’s Annual Giving Manager Michael Cooper. As a University of Florida law student, Alonso participated in a summer judicial clerkship funded through the Foundation’s Public Service Fellows Program. Now president of Florida Legal Services and a shareholder with Carlton Fields in Miami, Alonso serves on the Foundation board, and specifically on the committee responsible for approving grants for the Public Service Fellows Program and other programs to promote public service among law students. Thomas, also a Foundation board member who serves on the Legal Assistance for the Poor and Law Student Assistance committees, said the Foundation should be considered among the top charities for lawyers. “As an attorney you have an obligation to help people who can’t represent themselves,” said Thomas, partner of Wasserman & Thomas in Miami. In the coming months, the Foundation will roll out similar campaigns in Sarasota, along with campaigns with the Cuban American Bar Association, the Orange County Bar Association and Miami-Dade County attorneys. Learn more about becoming a Florida Bar Foundation Fellow at http://flabarfndn.org/giving/ways-to-give/fellows-program.aspx.

St. Pete Bar YLS to host 2010 Judicial reception -- The Young Lawyers Section of the St. Petersburg Bar Association will host its 2010 Judicial Reception Thursday, March 4, at the Palladium, from 5:30 to 7:30 p.m. The reception is free to St. Pete Bar members and $35 for non-members and guests. For more information and to RSVP, call (727) 823-7474 or e-mail: info@stpetebar.com.

The SCBA to present its first CME program -- The Alternative Dispute Resolution Section of the Sarasota County Bar Association will present its first CME program on Feb. 25, from noon to 1:30 p.m. The program, "The Nuts & Bolts of Mediation: Professionals Share their Best Practices," will feature a roundtable discussion on the importance and benefit of mediation and best practices for successful dispute resolution. Presenters will include professional mediators from the employment, corporate, real estate and domestic practice areas. For more information, visit the SCBA Web site at www.sarasotabar.com.
Canterbury School Wins First Place in LCBA's 17th Annual Lee County High School Mock Trial Competition -- The Lee County Bar Association, in conjunction with the Lee County School District, held its 17th Annual Lee County High School Mock Trial competition Jan. 27 – 29. The Florida Law Related Education Association’s High School Mock Trial Competition is an academic competition in which teams of eight students simulate the roles of both attorneys and witnesses in fictional trial situations. The first two days of the competition were judged at the Lee County Justice Center in Fort Myers. The two final rounds followed by an awards presentation were held in the Chambers of the Lee County School Board also in Fort Myers. The team will now compete against the top teams from Charlotte and Collier counties in the Twentieth Judicial Circuit competition to be held Feb. 25 - 26. The winning team in that competition will progress to the state competition to be held March 25 - 27 in Orlando. On the day of the Mock Trial competition, each team presents both a prosecution and a defense case with student witnesses. Local judges and attorneys score the teams, based upon their knowledge of the rules of evidence, advocacy skills, critical thinking and poise. For more information about Mock Trial competition or membership in the Lee County Bar Association, contact Nanci DuBois at 239.334.0047 or go to www.LeeBar.org.

HAWL mentors Stetson students -- This year the Hillsborough Association for Women Lawyers Mentoring Program hosted its first Shadow Day at the Courthouse event. Mentees from the Stetson College of Law, along with their mentors from HAWL, toured the Hillsborough County George Edgecomb Courthouse and observed open court. The event was attended by approximately 30 mentors and mentees. Many of the judges in the 13th Circuit participated by welcoming the participants to the courtrooms. The event began with an informal breakfast mixer with the judges followed by presentations from several court programs, including Hillsborough County's Mediation and Diversion Services. The participants were then given a courthouse tour and observed open courtroom proceedings. The event concluded with a luncheon with the judges, where an open discussion ensued concerning topics such as courtroom decorum and lawyer etiquette.

Save the Date for the CCBA's Barrister's Bash -- What is the Barrister's Bash? It is Legal Aid Service of Collier County's 2nd Annual Fundraiser Dinner and Awards Ceremony. All members of the bench and Bar in Collier County are invited to attend April 22, from 6-9:30 p.m., at the Hilton Hotel. Attending the Barrister's Bash is a great way of demonstrating support for Legal Aid, while having fun with peers and community leaders. It is also an honor to those who will be receiving awards in recognition of their pro bono service to the community. Tickets are $75 per person, and the event includes dinner, cocktail hour, silent auction and a community awards ceremony. To order tickets, contact Ana De La Cruz at (239) 298-8143. For more information about the event -- including exciting sponsoring and advertising opportunities contact Jeff Ahren at (239) 298-8130 or by e-mail at jahren@legalaid.org.

IF YOU ARE INTERESTED IN KNOWING ABOUT UPCOMING EVENTS FROM BAR-TO-BAR. CHECK OUT THE VOLUNTARY BAR EVENTS CALENDAR FOR AN OVERVIEW OF MEETINGS, CLE SEMINARS, ETC. TO SUBMIT EVENTS, PLEASE SEND THEM TO MARIA S. JOHNSON at mjohnson@flabar.org.

2010 Dyer Professionalism Award -- The Dade County Bar Association (DCBA) is accepting nominations of Miami-Dade County lawyers or judges for the David W. Dyer Professionalism Award. The deadline to submit nominations to the DCBA office is March 5, without exception. The award will be given at the DCBA's Annual Installation Ceremony. The David W. Dyer Professionalism Award is the most important award given by the DCBA. It recognizes a lawyer or judge whose conduct reflects and honors the integrity, humility, compassion and professionalism demonstrated by Judge Dyer himself. Nominating ballots are available on the Association's Web site, www.dadecountybar.org, or contact the DCBA offices at (305) 371-2220.

The PBCBA Lawyers for Literacy Committee collects books -- The Lawyers for Literacy Committee recently collected hundreds of books for the Wood Memorial Holiday Book Drive. All of the books will be donated to underprivileged children through the Palm Beach County Literacy Coalition.

Get involved in the FDLA TAQ publication -- The editorial board of the Trial Advocate Quarterly (TAQ) needs your help to ensure that the publication remains the premier source for information about emerging legal issues for Florida defense lawyers. Publishing an article in the TAQ provides valuable benefits to both the author and the FDLA community authorities in their areas of expertise. TAQ articles are also referenced as a secondary source on legal research Web sites, such as Westlaw and Lexis Nexis and have been sited in many published judicial opinions. Articles are a good marketing tool to retain current clients and reach new clients. Although articles on any topic are welcome at any time, committee deadlines for upcoming term are available by contacting Elizabeth Collins at ecollins@dellgraham.com or TAQ Editor Barbara Bushnaris, at bbushnaris@hotmail.com.

VCBA hosts Bench & Bar Reception -- The Volusia County Bar Association hosted its annual Bench & Bar Reception. One hundred and sixty one Bar members, judges and guests gathered at the Daytona Museum of Arts and Sciences for a cocktail reception and dinner. Chief Judge Walsh introduced the members of the judiciary and recognized Judge Kim Hammond for his years of service. President-elect Kathryn Weston honored 50-year member Bernard Strasser. YLD Representative Katherine Hurst Miller announced the VCBA Barristers' Scramble will now be the YLD Barristers' Scramble. The golf tournament, a fundraiser to benefit the PACE Center for Girl, will be held on May 21. The generous sponsors, Barry University, Florida Mutual Insurance Company, Upchurch Watson White & Max and Volusia Reporting Company helped make the night a success.

Zackary T. Zuroweste of the Persante Law Group in Dunedin has been elected president of the Clearwater Bar Association Young Lawyers Division.

Research project examines changes at Supreme Court -- The Florida Supreme Court and its judicial officers have played a powerful role in shaping the lives of the residents of Florida. In collaboration with the Florida Supreme Court Historical Society, the History Department of Florida State University is working to document the history of African American experience in relation to the Court since the landmark Brown v. Board of Education decision of 1954. Wendell Johnson, a doctoral student studying with Dr. Maxine Jones and Dr. Jennifer Koslow, is working during the fall and spring semesters to uncover the chronology of cases, lawyers and judges to tell a complicated history of racial injustice that functioned and was fought at an institutional and personal level.

AMERICAN BAR ASSOCIATION

Executive Director for the American Bar Association -- The ABA is soliciting applications for the position of Executive Director. The Executive Director who reports directly to the ABA's President and Board of Governors, is responsible for overseeing the 900-person staff of the ABA in its two locations Chicago and Washington, including oversight of all financial and operational activities. The Executive Director will be based in Chicago. The staff of the ABA is charged with the implementation of goals, strategies, programs and policy established for the ABA by its members. With more than 400,000 members, the American Bar Association is the largest voluntary professional association in the world. The complete job description for this position can be reviewed at: www.abanet.org/executivedirector. Indications of interest, inquiries, applications and nominations should be directed to abaexecutivedirectorsearch@youngmayden.com.

Nominations sought for ABA Harrison Tweed Award -- The ABA Standing Committee on Legal Aid and Indigent Defendants and the National Legal Aid and Defender Association will present the 2010 Harrison Tweed Award at the ABA Annual Meeting in recognition of work accomplished during the year beginning April 1, 2009. Projects that began before that date will be considered if substantial services have been provided between April 1, 2009, and March 31, 2010. Nominations must be received by April 1. A complete description of the award, previous recipients, and nominating procedures are available at www.abanet.org/legalservices/sclaid/harrisontweedinfo.html or from Tamara Piquion at piquiont@staff.abanet.org; (312) 988-5767.

ABA Bar Leadership Institute -- Follow your blueprint to success at the upcoming Bar Leadership Institute (BLI). The 2010 Bar Leadership Institute, sponsored by the ABA Standing Committee on Bar Activities and Services and the Division for Bar Services, will be held March 11-12, in Chicago. The BLI is a must for president-elect of bar associations and other presidential-track officers. To enhance the learning experience, many organizations also send their executive directors and other professional staff. BLI registration forms, a detailed agenda, and hotel reservation forms are available now. A limited number of scholarships are available. For further information about BLI registration or scholarships, contact Karyn Linn at (312) 988-5350 or linnk@staff.abanet.org. Also, be sure to check the BLI Web site for updates at http://www.abanet.org/barserv/bli.html.

The NABE Small Bar Conference -- When it was first launched in 2005, the National Association of Bar Executives Small Bar Conference in Baltimore attracted a handful of executive directors and other staff. Four years later in Philadelphia, execs from 40 to 45 associations turned out for what is fast becoming a must-attend session for leaders of bars small and not so small. The 2009 conference in June featured the usual hallmarks of the event: a $99 registration fee and a packed meeting schedule. Speakers and sessions are aimed at helping bars with fewer than 1,000 members and/or a budget less than $300,000, but the increasing presence of attendees from larger bars shows how the conference can provide information and help for just about any bar. Plans for the 2010 conference are in the works. Check the NABE Web site at www.nabenet.org for details soon.

2010 Margaret Brent Women Lawyers of Achievement Award -- Do you know an outstanding woman lawyer who has achieved professional excellence in her field and has paved the way to success for other women lawyers? The ABA Commission on Women in the Profession is seeking nominations for the 20th Annual Margaret Brent Women Lawyers of Achievement Award. This awards will be presented at a luncheon on Sunday, Aug. 8, during the ABA Annual Meeting in San Francisco.

Law Day 2010 -- The theme for 2010 Law Day is "Law in the 21st Century: Emerging Challenges and Enduring Traditions." Please send the name of your Law Day chair(s) and a summary of planned activities to Maria Johnson, mjohnson@flabar.org. Law Day chairs are listed in the statewide news release announcing Law Day. Be sure to visit www.lawday.org in the coming months for more details on the theme, as well as downloadable artwork, lesson plans, resources, the Dialogue and more.

ABA Publication Copyright -- Ever wanted an ABA publication to reprint in your publication or hand out at a meeting? Ever wondered, especially after reading this article, how to do that without violating copyright? For the reasons outlined by Bob Leonardi, many ABA materials, including Bar Leader articles, are indeed copyrighted and thus require permission to reprint. The quickest easiest way to request a reprint is to visit www.abanet.org/reprint and then click on the link for the Copyright Clearance Center if you need to make 100 or fewer copies, or for the ABA's publication reproduction/reprint request form if you need to make more than 100 copies. If you have any questions, Kim Turner, copyrights and contracts specialist, can assist you at (312) 988-6102 or turnerk@staff.abanet.org.

THE FLORIDA BAR

Josefsberg wins T. Simon Pro Bono Service Award -- Robert C. Josefsberg — a senior partner handling commercial and white-collar criminal litigation at Podhurst, Orseck in Miami, and this year’s recipient of the Tobias Simon Award on January 28 described a family tree laden with charitable souls.
After graduating from Yale Law School in 1962, Josefsberg wound up in Miami, soon working for U.S. Attorney Bill Meadows, who was also a lay leader of a Methodist church, and then prominent Miami attorney and community worker Bill Colson. “I didn’t get up one morning and say, ‘I want to do pro bono.’ I had so much peer pressure that I had no choice,” Josefsberg said.
He was also friends with the award’s namesake. Josefsberg said. It’s not a coincidence, he said, that he’s the third person from his firm to receive the Tobias Simon Award, after Victor Diaz, Jr., (2000), Katherine Ezell (2006), as well as a former law clerk Jacqueline Valdespino (2003). “The reason why? Aaron Podhurst has created an atmosphere where we are expected to work with the community,” Josefsberg said. While Josefsberg was the star standing in the pro bono spotlight, he said: “I don’t own this award. I’m just symbolic. They had to select one of all of us to get the award. And they picked me, because maybe I’m the oldest, the last friend of Toby’s, or the tallest. But every one of you deserves it just as much, as do many other people who aren’t even here today. “Because, you see, if each of you puts in 200 hours, in 10 years you can get 2,000 hours in community service. But if each of you inspires 10 other people to do this, you can figure out the math. That’s 20,000 hours you can give to the community in the next 10 years.” Josefsberg asked those in the audience to do the same. “I’m not going to tell you to do pro bono. You do it. You do it as much and more than I do. What I am going to ask you to do is publicize it. Let everyone know how happy you are, how fulfilled you are, that they can do the same thing. By doing that, eventually, we’ll achieve our goals in getting justice for everyone.”

Contributions to Haiti Relief -- The Florida Bar has expanded Haiti relief efforts to include the foundations of 19 non-profit Florida trauma centers treating or providing other sources for earthquake victims. This way members may direct support to local efforts. Donations to The American Red Cross for relief and development efforts in Haiti are also still being collected via a Florida Bar online donation center.

Pepper Award applications now being accepted -- The Florida Bar Government Lawyer Section is now accepting nominations for its Claude Pepper Outstanding Government Lawyer Award, which recognizes lawyers who make extraordinary and exemplary contributions as practicing government lawyers.
To access the nomination form, visit the Government Lawyer Section page on the Bar’s Web site at www.floridabar.org or contact Summer Hall at shall@flabar.org or (850) 561-5650. The deadline for nominations is April 23.

Florida lawyers may soon be required to provide the Bar with an e-mail address -- Bar members may soon have to provide an official e-mail as well as a name and contact address to the Bar. The Bar’s Communications Committee has recommended that Rule 1-3.4 be amended to require that Bar members who have business e-mail addresses submit those to the Bar. Committee member Murray Silverstein said the committee felt that as the court system moves toward an e-filing system and also online access to court records, it was important for the Bar to have an official e-mail address for members. The proposal has been forwarded to the Rules Committee for review, he said, and will then come to the board. On other matters, Silverstein said the committee is continuing its work to update the Bar’s Web site, including an improved search engine that will help potential clients find lawyers. The Career Center also has begun operating on the Web site, aimed at helping lawyers find jobs and helping law firms publicize their vacancies, he said. On another issue, the committee is continuing to evaluate a request from avvo.com, an online lawyer rating service, to allow Bar members to list their avvo rating on their Bar Web site profile page, Silverstein said. Currently, lawyers are allowed to list their Martindale-Hubbell rating, he noted.

Save the date! -- The Media and Communications Law Committee will hold a Media Law Conference on Friday, March 26, at Florida International University College of Law in Miami. Look for more details in the March 1 News.

Do you promote board certification -- Are you actively doing your part to educate your clients and colleagues about the merits of board certification? Voluntary bar associations, Inns of Court, civic and community organizations, law schools and CLE courses are excellent venues for our certified lawyers speak about the requirements necessary to be known as "legal experts" and the benefits to consumers of hiring specialists. Talking points and marketing tips are available on The Florida Bar's certification Web page, and we always are seeking additional media relations volunteers to help promote the program. Interested? Contact BLSE consultant Lisa Tipton .

Judicial Nominating Commissions (JNCs) -- The Florida Bar is accepting applications for two lawyer vacancies for each of the 26 JNCs. The Bar will nominate three lawyers for each vacancy. Each appointee serves a four-year term, beginning July 1, 2010. Applications must be received by 5:30 p.m., Friday, Feb. 26.

RPPTL fellowship winners will be provided leadership training and mentors -- The Real Property, Probate and Trust Law Section is now accepting applications to its fellowship program aimed at recruiting young practitioners to the Bar’s largest and oldest section. The fellowship program allows individuals to be substantially involved in the section’s work, receive leadership training, and work closely with leading attorneys in their field. In its inaugural year, the program received more than 80 applicants for four positions. The fellowship program is open to all lawyers who are members of the RPPTL Section and have been admitted to the Bar for fewer than 12 years or are younger than 38 years of age. Applicants should be able to demonstrate that a substantial portion of their practice is focused in the area of real property, probate, or trust law. Fellowships are provided for a two-year term. Each fellow will receive a subsidy of up to $2,500 annually (not to exceed actual out-of-pocket expenses) to help defray the expense of attending RPPTL Section meetings. For more information on criteria and applications, visit the RPPTL Section Web site at www.rpptl.org. All applications should be submitted to RPPTLfellowship@gmail.org or by mail to RPPTL Fellowship Program, Attn: Elizabeth Smith, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300. The deadline to apply is April 1. The co-chair of the committee is Tae Bronner. She may be reached at tae@estatelaw.com or (813) 907-6643.

IN OTHER LEGAL NEWS . . .

FLMIC offers speakers -- Excellent speakers are available on risk management, legal malpractice and professional liability insurance topics. Most presentations qualify for ethics CLE credit. No speaker fee and no travel expense reimbursement. For more information, e-mail mailbox@flmic.com or call (800) 633-6458.

Lawyers petition the court to create an Actual Innocence Commission -- When an innocent person is wrongly convicted and spends decades in prison, the American criminal justice system has no similar mechanism to determine what went wrong and prevent future injustices. That’s the rationale for establishing innocence commissions advocated seven years ago by Barry Scheck and Peter Neufeld, founders of the national Innocence Project. Since then, innocence commissions have been established in Connecticut, Illinois, New York, North Carolina, Pennsylvania, Texas, and Wisconsin. Now it’s time for Florida to create an innocence commission, too, say a group of Florida lawyers, including former Justices Harry Anstead, Gerald Kogan, and Joe Hatchett; former ABA Presidents Martha Barnett and Sandy D’Alemberte; and former Florida Bar Presidents Hank Coxe and John DeVault. In December, 68 lawyers filed a petition at the Florida Supreme Court for a rule establishing an “Actual Innocence Commission.” “The purpose of the commission would be to investigate the circumstances of cases where actual innocence of a crime has been demonstrated and to develop recommendations for reforms to reduce wrongful convictions,” according to the petition filed by D’Alemberte, former Florida State University president and law school dean, now on the board of directors of the Innocence Project of Florida. After the petition was filed, a 12th man — 54-year-old James Bain — was freed Dec. 16, after new DNA test results demonstrated Bain’s innocence of a 1974 Lake Wales kidnapping and rape of 9-year-old boy. According to the Innocence Project of Florida, Bain’s 35 years in prison is the longest time served by any of the 246 DNA exonorees nationwide.

Work underway on Third Volume in History of Florida Supreme Court -- The Florida Supreme Court Historical Society has selected Tallahassee lawyers Neil Skene to serve as the project coordinator and principal author for the third volume in its series of hardcover books chronicling the history of the Supreme Court of Florida. Volume III will cover the period from 1972 through the beginning of the 21st Century, including the Court's role in the hotly contested U.S. presidential election in 2000. Volume I, which covers Florida's judicial history from 1821 through 1917, was published in 1997. The second volume, which spanned the 1917-1972 time frame, was published in 2006. For ordering information on Volumes I and II, see the Society Web site at www.flcourthistory.org.

JAEC hands down social networking rules for judges -- The Judicial Ethics Advisory Committee has ruled that judges may not permit lawyers who may appear before them to be identified as “friends” on the judge’s social networking pages. “The committee believes that listing lawyers who may appear before the judge as ‘friends’ on a judge’s social networking page reasonably conveys to others the impression that these lawyer ‘friends’ are in a special position to influence the judge,” the committee said Nov. 17 in Opinion Number 2009-20, noting that Canon 2B prohibits judges from lending the “prestige of judicial office to advance the private interests” of others. The committee said the issue is not whether the lawyer actually is in a position to influence the judge, but instead whether the proposed conduct, the identification of the lawyer as a “friend” on the social networking site, conveys the impression that the lawyer is in a position to influence the judge. The committee also cautioned that the opinion should not be interpreted to mean that judges are prohibited from identifying any person as a “friend” on social networking sites. For more on this article, check out the story in the Florida Bar News.

Justice Teaching Volunteers Teach the Bill of Rights -- Justice Teaching Volunteers ventured into classrooms throughout the state to celebrate Bill of Rights Day on Dec. 15 and to talk with students about the history of the document and the rights that it guarantees to all Americans. In Tallahassee, First District Court of Appeal Judge James R. Wolf and law clerks Sarah Bolinder and Jessica Poarch visited Gilchrist Elementary School to discuss and explore the Bill of Rights with the fifth-grade class of teacher Amanda Whitaker. Assisting the First DCA contingent were Justice Fred Lewis and Annette Boyd-Pitts of the Florida Law Related Education Association. The volunteers brought pocket Constitutions, gavels and holiday candy to immerse the class in an afternoon of learning about history, civics and the law.

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