APPLICATION FOR BOARD RECERTIFICATION

APPLICATION FOR BOARD RECERTIFICATION

Please check one:

• • • • • • • ~ • • • • • •

Admiralty & Maritime Law Adoption. Law Antitrust & Trade Regulation .Law Appellate Practice Aviation Law Business Litigation Law City, County & LocalGovernment Law Civil Trial Law Condominium and Planned Development Law Construction Law Criminal - Appellate Law Criminal ~Trial Law . .

• Education Law Elder Law

D Health Law D Immigration & Nationality·Law D lntellectu~I Property law D International Law D International Litigation & Arbitration D Juvenile Law D Labor & Employment.Law D Marital &Family Law D Real Estate Law . . D State & Federal Gov't & Administrative Practice D Taxtaw D Wills, Trusts & Estates Law D Workers' Compensation·. Law

, TYPE OR PRINT NEATLY Bar Membership Name Thomas Corle Smith

File Number (for office use only)

Name as you wish it to appear on certificate Thomas Corle Smith

Florida Bar Number 154652

I. A.

Please Submit the Following Background Data

Current Firm or Employer Start Date: Peter F. Nunes & Associates, Employees of the Law Department of State Farm Mutual February 3, 2014 Automobile Insurance Company Address Room or Suite 1301 Riverplace Blvd. 1904 City I State I Zip Code Telephone Jacksonville FL 32207 (904) 493-3400 E-mail Address* tom.smith.k1 h [email protected]

Please note: It is our policy to use your official Bar membership email address for written communication concerning your application for board certification and to mark our correspondence "Personal and Confidential." If you would prefer we use a different email address, you will need to temporarily make that change by updating your official Bar contact information by logging in to your My Florida Bar account. You may also contact our Membership Records Depa tat 85QJ, 561-5832 or by email at [email protected]. ~ 'Jl

Generic Recertification Application 1

8.

C.

Record of Admission to Law Practice

1. Is your membership in The Florida Bar active and in good standing? ~ Yes D No 2. In what year were you originally certified? 2016 3. If you are currently admitted to practice law in other jurisdictions, please provide the following

information:

State Date of Admission Membership No. Member in Good Standing? Georgia 1/10/2000 663664 ~ Yes D No State Date of Admission Membership No. Member in Good Standing?

D Yes D No

State Date of Admission Membership No. Member in Good Standing? D Yes D No




I have attached a letter of good standing for each jurisdiction in which I am admitted to practice law (excluding Florida).

• If you have ordered a Jetter of good standing but have not yet received it, please check here. You may file your application without this information, with the understanding it must be submitted separately to your Staff Liaison as soon as possible.

Certificates of good standing printed from online portals are acceptable.

Former Applications - Please indicate below, all former applications filed in any other area of certification or recertification, in Florida or elsewhere:

Year

Year

Year

Year

Year

Year

State/Organization Area






Generic Recertification Application Instructions 2

Disposition

Disposition

Disposition

Disposition

Disposition

Disposition

State ar eo ia of

Lawyers Serving the Public and the Justice System

Mr. Thomas Corley Smith Peter F. Nunes & Associates 1301 Riverplace Blvd Suite 1904 Jacksonville, FL 32207

CURRENT STATUS: DATE OF ADMISSION: BAR NUMBER: TODAY'S DATE:

Active Member-Good Standing 01/14/2000 663664 05/12/2021

The prerequisites for practicing law in the State of Georgia are as follows:

11 Certified by the Office of Bar Admissions, either by Exam, or on Motion (Reciprocity). 11 Sworn in to the Superior Court in Georgia, highest court required to practice law in Georgia. ,. Enrolled with the State Bar of Georgia, arm of the Supreme Court of Georgia.

This member is currently in "good standing" as termed and defined by State Bar Rule 1-204. The member is current in license fees and is not suspended or disbarred as of the date of this letter.

HEADQUARTERS 104 Marietta St. i'r\V. Suite 100

Atlanta. GJ\ 30303-2743 404-527-8700 · 800-334-6865

Fax 404-527 -8 71 7 ,.,r.vw.gabar.org

STATE BAR OF GEORGIA

~;et'~~ Official Representative of the State Bar of Georgia

COASTAL GEORGIA OFFICE 18 E. Bav St.

Savannah, GA 31401-9910 912-239-9910 · 877-239-9910

Fax 912-239-9970

SOUTH GEORGIA OFFICE 244 E. 2nd St. (31794)

P.O. Box 1390 Tifton, GA 31793-1390

229-387-0446 · 800-330-0446 Fa's'. 229-382-7435

D. Professional History - Please provide below a complete statement of your employment since the last date of certification/ recertification. List most recent employment first. (Attach additional sheets if necessary.)

*If service was in a non-judicial position and not in private law practice, please indicate whether bar admission was an employment condition.

From J To February 3, 2014 Present Firm Name or Organization* Peter F Nunes & Associates, employees of the Law Dept. of State Farm Mut. Auto. Ins. Co. Address 1301 Riverplace Blvd. Suite 1904, Jacksonville, FL 32207 Position Associate Attorney

From

Firm Name or Organization*

Address

Position

From


Address

Position

From


Address

Position

I To

I To

I To

Generic Recertification Application 3

E. Photo Identification

Please tape a professional head and shoulders photograph (preferably 3x5 or smaller) of yourself to this page. Please put your full name on the back of the photograph. Your photograph is requested for the purpose of peer review recognition (when necessary) and publicity (if board recertification is obtained and subject to your approval). Photo will not be returned.

___ I authorize use of the photograph for promotional purposes (if board recertification is obtained).

Although submission of a photograph is optional, it may facilitate the peer review process.

----------------------------------------------- I I

I I -~----------------------------------------------J

Applicant Name: Thomas Corley Smith


F. Record of Professional Ethics and Competence - Please initial the appropriate responses and attach copies of all pertinent documentation. Please provide information relevant to your Florida Bar membership and any other State Bar which you are or have been a member since the last date of certification or recertification.

Applicants have a continuing obligation to keep each and every question on the board certification application current, complete and correct by filing timely amendments until the effective date of certification. Updates are considered timely when made within 30 days of any occurrence that would change any response made to any application question.

Please INITIAL your responses for items 1-7.

1. List all instances in which a disciplinary sanction was imposed. Attach documentation that includes: (1) title of the disciplinary action; (2) agency identification number; (3) nature of charge; (4) nature of sanction; (5) date sanction was imposed; and (6) date sanction was terminated.

____ Not Applicable __ See Attached

2. If you have been requested to respond to an inquiry/complaint as to alleged misconduct, and the matter remains pending at this time, please attach documentation that includes: (1) title of the inquiry/complaint; (2) agency identification or case number; (3) nature of inquiry/complaint; and (4) a copy of the inquiry/complaint; and (5) a copy of your response t~ the complaint.

__ Not Applicable __ See Attached

3. Explain any malpractice claims filed against you (or your firm) for which you were personally responsible which resulted in a lawsuit filed, settlement paid or appointment of an attorney by the malpractice carrier to defend you (or your firm). Please attach: (1) a copy of the complaint; (2) your response; (3) a detailed explanation of your direct involvement; and (4) a copy of the final order if available or the current status of the matter if still pending.


4. List and explain all cases in which your competence or conduct was raised as a basis for relief requested by counsel or by the court that resulted in (including but not limited to) a new trial, new appeal, dismissal or reversal.


5. List and explain all cases in which your conduct was adversely commented upon in writing by a judge or determined to be error whether harmless or not.


6. List all contempt proceedings brought against you as counsel. Include: (1) style of the proceedings; (2) nature of the charge; (3) nature of the sanction; and (4) date the sanction was imposed.


7. List and explain all instances, post conviction or currently pending, in which criminal charges involving dishonesty or any felony, were filed against you. (This requirement does not include traffic infractions except DUI felony charges, which are included.) Include the case number, alleged violation(s), and disposition or current status.



II. Compliance with Specific Certification Area Standards. Please initial to indicate your understanding and agreement.

__ I understand there are specific requirements for recertification in the area for which I am making application and that all attached exhibits must be completed and returned with this application to demonstrate my compliance.

__ I agree to abide by all rules and policies of the Board of Legal Specialization and Education and the area committee and to provide such information as may be required to ascertain my entitlement to recertification.

__ I agree to keep each question on the board certification application current, complete and correct by filing timely amendments (within 30 days of any occurrence) until the effective date of certification.

Ill. Application Fee. Please remember to attach your $250 filing fee to this application.

IV. Release. By this application, I release from any and all liability and extend absolute immunity to The Florida Bar, and all persons, committees and institutions in any way involved in this certification process including references and informants.

Applicant's Initials: __ _

I specifically authorize the Committee and/or Board to consult with any persons who may have information relating to my professional qualifications, credentials or character, mental or emotional stability, ethics, behavior or any other matter reasonably bearing on the criteria for initial and continued certification. This authorization includes inspecting and obtaining any writing that may be material to my certification. I hereby authorize the release of any information and writing, whether privileged or not, requested by the Committee and/or Board. I understand that all information received and made part of my file shall be treated confidentially.


I FURTHER UNDERSTAND THAT THE PEER REVIEW PROCESS IS UNABLE TO SERVE ITS PURPOSE UNLESS THE INDIVIDUALS FROM WHOM INFORMATION IS REQUESTED ARE GUARANTEED COMPLETE CONFIDENTIALITY. BY APPLYING FOR RECERTIFICATION, I EXPRESSLY AGREE TO THE CONFIDENTIALITY OF THE PEER REVIEW PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO REQUEST ANY INFORMATION OBTAINED THROUGH PEER REVIEW AT ANY STAGE OF THE RECERTIFICATION PROCESS.

I FURTHER UNDERSTAND THAT BOARD CERTIFICATION IS A VOLUNTARY PROGRAM AND HAS NO EFFECT ON MY ELIGIBILITY TO PRACTICE LAW IN ANY AREA OF PRACTICE.



I FURTHER UNDERSTAND THAT BOARD CERTIFICATION, IF OBTAINED, MAY BE AUTOMATICALLY REVOKED PURSUANT TO THE BLSE POLICIES OR THE RULES REGULATING THE FLORIDA BAR.


By executing this release, I acknowledge that I am specifically authorizing the Lawyer Regulation Department of The Florida Bar or any other state of which I am or was a member to provide to the Committee and/or Board any and all information concerning disciplinary complaints filed against me, even if confidential. Such release is intended to be applicable to the extent authorized by the Supreme Court of Florida.

1 him CU,( l.i;i: 5;;f'r} 11 L Applican( Signature


CIVIL TRIAL LAW RECERTIFICATION EXHIBIT "A"

REFERENCES

Pursuant to Rule 6-4.4(e), Rules Regulating The Florida Bar (RRTFB), please provide below the names and addresses of 3 lawyers, 1 of whom is currently board certified in the area of civil trial law, and 1 judge before Florida courts or equivalent courts of other states and Federal District courts, before whom you have appeared as an advocate within the 2 years preceding application. Individuals submitted as references must be sufficiently familiar with you and can attest to your special competence and substantial involvement in civil trial law, as well as your character, ethics and reputation for professionalism, since the last date of certification. Relatives, associates or current partners, members of the Board of Governors, the Board of Legal Specialization & Education or any Certification Committee, and Florida Supreme Court Justices may not be used as references.

I. Lawyer References (1 of whom is currently board certified in civil trial)

Name

Michael J. Smith Address

14229 U.S. Highway 441 Email Address [email protected]

Board Certified in CT: 12:l

Name

Aaron R. Baker Address

390 N. Orange Ave. Email Address [email protected]

Board Certified m CT: D

Name

Michael Coulson Address 320 1st Street N. Email Address mcoulson smithcoulson.com

Board Certified in CT: 12:l

I Room/Suite

I Room/Suite 895

Room/Suite

708

Firm/Employer Morgan & Morgan, PA City

Tavares Attorney Bar # 105368

Firm/Employer

Allstate Ins. Co. City

Orlando Attorney Bar # 50345

Firm/Employer

The Coulson Law Firm City

Jacksonville Beach Attorney Bar # ~

I State/Zip FL

I State/Zip FL

State/Zip

FL

II. Judicial Reference (Appeared before within the 2-year period preceding application: please check the box(s) below as appropriate.)

Name Firm/Employer

Robert M. Dees Fourth Judicial Circuit Address I Room/Suite City 501 W. Adams St. Jacksonville Email Address Attorney Bar # [email protected] 714399

Board Certified m CT: 12:l

IZ] Appeared before within the 2-year period preceding application.*

* Unless the Administrative Order No. AOSC21-2 applies.

Civil Trial Law Recertification Application EXHIBIT "A"

1

I State/Zip FL

Ill.

1.

2.

3.

Please also list the names and addresses of 3 additional judges {other than those listed within Exhibit B-1) before whom you have appeared as an advocate.

Name Firm/Employer Virainia B. Norton Fourth Judicial Circuit Address I Room/Suite City I State/Zip 501 W. Adams St. 7038 Jacksonville FL Email Address Attorney Bar # [email protected] 124397 ..

Board Cert1f1ed in CT: 0

Name Firm/Employer Kevin A. Blazs Fourth Judicial Circuit Address I Room/Suite City I State/Zip 501 W. Adams St. 7264 Jacksonville FL Email Address Attorney Bar# [email protected] 606383 ..

Board Cert1f1ed in CT: 0

r-N-:--a_m_e-------------------.-F-ir_m_/E_m_p_l_oy_e_r--------------~

Tatiana R. Salvador Fourth Judicial Circuit Address Room/Suite City 501 W. Adams St. 7004 Jacksonville Email Address tsalvador co·. net

Board Certified in CT: D

Civil Trial Law Recertification Application EXHIBIT "A"

2

State/Zip FL

CIVIL TRIAL LAW RECERTIFICATION EXHIBIT "B"

SUBSTANTIAL INVOLVEMENT

Rule 6-4.4{a), Rules Regulating The Florida Bar, states:

The applicant must demonstrate continuous substantial involvement and competence in the practice of law, of which 50 percent has been spent in active participation in civil trial law throughout the period since the last date of certification. The applicant must describe all courtroom experience, if any, during the period since the previous certification including motion practice, summary judgment, and injunction hearings, arbitration proceedings or any other court appearances involving the presentation of evidence and argument in an adversarial environment.

Rule 6-4.3{f), Rules Regulating The Florida Bar, states:

The applicant must have substantial involvement in contested civil matters sufficient to demonstrate special competence in civil trial law. Substantial involvement and competence includes active participations in the litigation process, including the investigation and evaluation of civil disputes; involvement in the pretrial processes such as preparation of pleadings, discovery, and motion practice; planning and review of strategy and tactics for trial; participation in the process of mediation and settlement; and taking of testimony, presentation of evidence, and argument of jury or nonjury trials.

Instructions: Please INITIAL indicating your understanding and agreement.

A. Since the last date of certification I have been continuously and substantially involved in the practice of law of which at least 50 percent has been spent in the active participation in civil trial law as defined in Rule 6-4.4(a), with standards set forth in Rule 6-4.3(h).*

OR as an officer of any judicial system:

I have served as a judicial officer adjudicating civil trial matters during any portion of the period since the last date of certification. Judicial officers applying for recertification may have certain requirements waived in the area of trials submitted and substantial trials pursuant to Rule 6-4.4(g)( 1 ).

Name of court:

Dates of service:

B. Pursuant to Rule 6-4.4(a), I have been continuously and substantially involved in the practice of law, of which 50 percent has been spent in active participation in contested civil trials, since the last date of certification sufficient to demonstrate competence as a civil trial lawyer as follows (please approximate): Please completed all items, even if the number matters conducted is zero.*

1. I have directed or conducted investigation in at least -11.Q_ civil matters.

2. I have made evaluation of theories or strategies in at least -11.Q_ civil matters.

3. I have prepared pleadings in at least -11.Q_ civil matters.

4. I have conducted discovery in at least -11.Q_ civil matters.

5. I have taken testimony in at least~ civil matters. * Unless the Administrative Order No. AOSC21-2 applies.

Civil Trial Law Recertification Application EXHIBIT "B"

3

C.

6. I have presented evidence and argument in at least _J_ civil matters tried by a jury.

7. I have presented evidence and argument in at least _Q__ civil matters without a jury.

I represent I have met the 2 contested civil trials requirement pursuant to Rule 6-4.4(b)(1 ), Rules Regulating The Florida Bar, as defined in Rule 6-4.2(a), and Rule 6-4.2(c), Rules Regulating The Florida Bar, of which at least 1 was a jury trial conducted by me as lead counsel since the date of my last certification* and I have outlined those cases within Exhibit B-1. and Rule 6-4.3(c), since the date of my last certification and I have outlined those cases within Exhibit B-1. Matters deemed unacceptable are defined in Rule 6-4.3(e)*, and as noted on Exhibit 81. The non-jury matter may include an evidentiary hearing, preliminary injunction, as defined in Rule 6-4.3(f)(1)(A), Rules Regulating The Florida Bar;

Trial Substitution: Rule 6-4.4(e), If the applicant has not participated as lead counsel in a jury trial, the applicant may substitute completion of an advanced trial advocacy seminar, either through teaching or attendance. The advanced trial advocacy seminar (see bottom of Exhibit B-2 for approved course) must be approved by the civil trial certification committee and include as part of its curriculum active participation by the applicant in simulated courtroom proceedings. No more than 1 substitution for jury or non-jury trial may be made per application.

OR

___ I represent I have met the one trial requirement pursuant to Rule 6-4.4(b)(2), 1 jury trial as lead counsel lasting a minimum of 6 or more trial days (for purposes of this rule, a day in trial shall be defined as a minimum of 6 hours), since the date of my last certification* and I have outlined the case within Exhibit B-1.

D. __ I have been continuously certified as a civil trial lawyer since June 1, 1986, June 1, 1991, June 1, 1996, June 1, 2001 or June 1, 2006 for a period of 14 years or more and request the Civil Trial Certification Committee waive compliance with the trial criteria pursuant to Rule 6-4.4(g)(2), I have complied with the guidelines set forth below and have reflected the required information, within this application, pertaining to peer review and CLE. I have outlined the trials within Exhibit 8-1 in which I have been involved since June 1, 2016 OR in the event I have tried less than two cases since that date, I have attached a written narrative outlining my involvement in civil trial law. I also acknowledge that I must be continuously and be substantially involved in contested matters and have demonstrated this by filling out Exhibit "B", page 1. *

Rule 6-4.4(g)(2), Rules Regulating The Florida Bar states: On special application, for good cause shown, the civil trial certification committee may waive compliance with the trial criteria for an applicant who has been continuously certified as a civil trial lawyer for a period of 14 years or more. This waiver applies to only those attorneys who were certified June 1, 1986, June 1, 1991, June 1, 1996, 2001 or 2006. The committee suggests the following guidelines be reviewed thoroughly and requires compliance by those applicants requesting a waiver of the trial criteria.

1. The applicant must demonstrate continuous and substantial involvement and competence in the practice of civil trial law. Substantial involvement includes active participation in the litigation process, including the investigation and evaluation of civil disputes; involvement in pretrial processes such as preparations of pleadings, discovery and motion practice; the planning and review of strategy and tactics for trial; and participation in mediation and settlement; and taking of testimony, presentation of evidence, and argument of jury or nonjury trials;

2. An applicant, otherWise qualified, who is substantially serving as a mediator, referee, general master, or supervising attorney, in the litigation field, but is ALSO STILL HANDLING LITIGATION, will be granted a waiver because the Committee deems this activity requires substantial involvement in the litigation process;

3. Pursuant to Rule 6.4.4(g)(5), on special application, for good cause shown, the civil trial certification committee may waive compliance with any portion of the trial and substantial involvement criteria for an applicant otherwise qualified who is not able to meet the requirements for recertification for health reasons;

4. All trials in which the applicant has participated should be outlined within Exhibit B-1 of the application;



3

5. In the written narrative the applicant should describe his/her courtroorri experience, if any, during the period since the last date of certification/recertification including motion practice, summary judgment, injunction hearings, arbitration proceedings or any other court appearances involving the presentation of evidence and argument in an adversarial environment. The Committee will evaluate all information provided to determine whether the applicant is involved in substantially bringing a disputed civil matter to resolution through the legal process;

6. On special application, for good cause shown, the civil trial certification committee may waive compliance with any portion of the trial education, and peer review criteria for an applicant who is an officer of any judicial system (as defined in the Code of Judicial Conduct), including an officer such as a bankruptcy judge, special master, court commissioner, or magistrate, performing judicial functions on a full-time basis during any portion of the period since the last date of certification;*

7. On special application for good cause shown, the civil trial certification committee may waive compliance with the substantial involvement criteria for an applicant, otherwise qualified, who is substantially serving as a mediator, referee, master or magistrate and is actively involved in civil trial law. For purposes of this subsection only, the judicial peer review as required in this subchapter does not need to be a judge before whom the applicant has appeared as advocate within the 2-year period preceding application.

8. Neither staff, nor committee may comment on an applicant's ability to recertify and there is no "prequalification" of any applicant's qualifications or eligibility prior to the application filing.



3

Please demonstrate compliance with Rule 6-4.4(b) Minimum Number of Trials, Rules Regulating The Florida Bar, by completing the following trial review sheets in Exhibit B-1. Please be sure to answer each question on the trial review sheets or your application will be considered deficient omissions or inaccuracies in completion and submission of application forms and will be grounds for denial. Only complete applications will be substantively reviewed by a certification committee, BLSE Policy 2.08(a).

If you were initially certified 6/1/1986, 1991, 1996, 2001, 2006 or 2011, compliance with Rule 6-4.4(b), Rules Regulating The Florida Bar, must be completed between 6/1/2016 and 5/31/2021.*

If you were initially certified 6/1/2016, compliance with Rule 6-4.4(b), Rules Regulating The Florida Bar, must be completed between 9/1/2015 and 5/31/2021.*

The Civil Trial Certification Committee has made the following specific interpretations with regard to compliance with Rule 6-4.4(b), Rules Regulating The Florida Bar:

1. A "trial" is defined as the actual commencement of in-court or in-chambers adversarial proceedings before the trier of fact at which testimony was taken that includes at least 2 components of a trial. The applicant is required to submit sufficient information to demonstrate he/she was substantially involved in the oral presentation of the case including but not limited to participating in voir dire questioning; opening statement; direct examination; cross examination; and closing statement. A trial identified as "settled before trial" with no actual days in trial will not qualify nor will proceedings concluded by the granting of a motion for summary judgment or motion to dismiss with no actual hours in trial. A "day" in trial is a minimum of 6 hours. Likewise, jury trials which settle prior to the "swearing in" of the jury will not qualify. Criminal court and small claims court matters do not qualify as trials for the purposes of this application.

2. Courts of "general jurisdiction" shall include Florida circuit courts or equivalent courts of other states and federal district courts. Please refer to 6-4.3(c) for rules on submitting county court trials.

3. The following matters or proceedings do not qualify as trials under Rule 6-4.3(d):

a. mortgage foreclosures tried in less than 1 day; b. bankruptcy; c. family law d. criminal law; e. worker's compensation f. mediations and arbitrations; g. administrative hearings under Chapter 120, Florida Statutes; and h. summary judgments, evidentiary hearings, preliminary injunctions, and appellate proceedings.

4. "Lead Counsel" is defined as having conducted a minimum of 50 percent of the in-court proceedings that of which should be listed on record of the court.

5. To qualify as a "jury case," the jury must have been sworn and testimony taken prior to the concluding or settling of the matter.



4

EXHIBIT B-1

The following types of matters or proceedings do NOT qualify as trials under Rule 6-4.3(d):

1.

1. mortgage foreclosures tried in less than 1 day; 6. mediation and arbitrations; 2. bankruptcy; 7. administrative hearings under Chapter 120, 3. family law; Florida Statutes; and 4. criminal law; 8. summary judgments, evidentiary hearings, 5. worker's compensation; preliminary injunctions and appellate

proceedings.

Title of Case: Kevan Coleman v. Chlao Allen

Case Number: I Judicial Circuit: Case Type: [8J Jury D Non-Jury 16-2017 -CA-002526 Fourth (Duval) Jury Sworn In? [8J Yes • No First and Last Name of Presiding Judge (list address if outside Florida): Party Represented: Robert Dees Chlao Allen (Defendant)

Role in Courtroom: Lead Counsel [8J Co-Counsel • Days in Trial: 03

Components of the Trial: Conduct Voir Dire? • Yes [8J No

Give Opening Statement? [8J Yes • No Conduct Direct Examination? [8J Yes • No Conduct Cross Examination? [8J Yes • No Conduct Closing Argument? [8J Yes • No

Name of Co-Counsel: Alexis Clay

If co-counsel, please explain in detail your role throughout the courtroom proceedings.

--

Nature of Proceeding (1 O words or less}:

Automobile negligence action for bodily inju[V damages.

Jurisdictional Amount in Controversy: $15,000 plus I Amount Awarded: 5,000

Trial Concluded By: [8J Submitted trier of fact • Settled D Mistried D Other

If "Other" or "Settled" is indicated, please describe:

Prevailing Party: [8J Plaintiff D Defendant I Date Tried/Concluded (month and year): August 2019

Name(s} and Address(es} of Opposing Counsel:

Steven E. Earl Morgan & Morgan 76 S. Laura Street1 Suite 1100 Jacksonville 1 FL 32202

NOTE: A "trial" is defined as the actual commencement of in-court or in-chambers adversial proceedings before the trier of fact at which testimony was taken that includes at least 2 of 5 components (listed above).

Civil Trial Law Recertification Application EXHIBIT "B-1"

1

EXHIBIT B-1

The following types of matters or proceedings do NOT qualify as trials under Rule 6-4.3(d):

2.

1. mortgage foreclosures tried in less than 1 day; 6. mediation and arbitrations; 2. bankruptcy; 7. administrative hearings under Chapter 120, 3. family law; Florida Statutes; and 4. criminal law; 8. summary judgments, evidentiary hearings, 5. worker's compensation; preliminary injunctions and appellate

proceedings.

Title of Case: Joyce Byrd v. Franklin Brickey and William Goldman

Case Number: I Judicial Circuit: Case Type: ~ Jury D Non-Jury 2016-CA-959 B Fifth (Marion County) Jury Sworn In? ~Yes • No First and Last Name of Presiding Judge (list address if outside Florida): Party Represented: Lisa Herndon Defendants

Role in Courtroom: Lead Counsel ~ Co-Counsel • Days in Trial: 03

Components of the Trial: Conduct Voir Dire? ~Yes • No Give Opening Statement? ~Yes • No Conduct Direct Examination? ~Yes • No Conduct Cross Examination? ~Yes • No Conduct Closing Argument? ~Yes • No

Name of Co-Counsel: Ashleigh Smith

If co-counsel, please explain in detail your role throughout the courtroom proceedings.

--

Nature of Proceeding (10 words or less):

Automobile negligence action for bodily injurv damages.

Jurisdictional Amount in Controversy: $15,000+ I Amount Awarded: $75,000

Trial Concluded By: ~ Submitted trier of fact • Settled D Mistried D Other

If "Other" or "Settled" is indicated, please describe:

Prevailing Party: ~ Plaintiff D Defendant I Date Tried/Concluded (month and year): March 2018

Name(s) and Address(es) of Opposing Counsel:

Michael Smith Morgan & Morgan P.A. 14229 U.S. H~. 441 Tavares 1 FL 32778

NOTE: A "trial" is defined as the actual commencement of in-court or in-chambers adversial proceedings before the trier of fact at which testimony was taken that includes at least 2 of 5 components (listed above).

Civil Trial Law Recertification Application EXHIBIT "B-1"

2

154652 Thomas Corley Smith

Jacksonville, FL 32207-9021

Certification Credit Date Range

I Certification Status

Reference Mode Item 2009738N Course Webina

r 4123 Course On-line

3771 Course On-line 3863 Course On-line

2006052N Course Webina r

2006053N Course On-line 2101522N Course On-line

1908816N Course On-line



2834 Course On-line 2004721N Course Webina

r 2002718N Course Webina

r 3318 Course On-line 4075 Course On-line 3938 Course On-line


THE FLORIDA BAR

Civil Trial Board Certification Credit Report

Report as of May 27, 2021

09/01/2015 - 05/31/2021 Credits Required 50.0

Certified Credits Earned 50.0

Credit History for Thomas Corley Smith

Credit General Cert Curren Title Date Credits Credits Cycle

2021 FDLA Winter Meeting 05/07/2021 10.0 10.0 Yes

Civil Trial Update & Board 04/13/2021 15.0 15.0 Yes Certification Review 2021 Advanced Cross Examination Topics 04/08/2021 1.0 1.0 Yes Personal Injury Claims: Working With 04/07/2021 1.0 1.0 Yes An Economist Mediator Ethics: Pop Quiz 04/05/2021 1.0 0.0

Mediation Confidentiality 101 04/05/2021 1.0 0.0 Mathematics of Zero-Sum 04/05/2021 1.5 0.0 Negotiations Negotiate Like a Pro-Professionalism 03/16/2021 1.5 0.0 Matters Online Mediations-Trials, Tribulations, 03/05/2021 1.0 0.0 Positives Amendments to the MDFL Local 01/26/2021 1.0 1.0 Yes Rules Hot Topics in Evidence 2019 09/02/2020 7.5 7.5 Yes 28th Annual Florida Dispute 08/14/2020 6.0 0.0 Resolution Center Conf 18th Annual Erlich Trial Advocacy 07/29/2020 4.0 4.0 Yes Seminar ADR Tech Series- Excel 07/23/2020 1.0 0.0 Ehrhardt On Evidence 2020 07/23/2020 2.5 2.5 Yes Back to the Basics 20+ Writing Tips 07/22/2020 1.0 0.0 for the Modern Top 23 Legal Ethics Mistakes 07/22/2020 1.0 0.0

THE FLORIDA BAR Credit History for Thomas Corley Smith

Credit General Cert Curren Reference Mode Item Title Date Credits Credits Cycle

Attorneys Make 1807254N Course On-line Identifying and Eliminating Implicit 07/21/2020 1.0 0.0

Bias 1908630N Course On-line Creating a Trial Notebook- Attorney's 07/20/2020 2.0 0.0

Checklist 1909226N Course On-line Attorney-Client Privilege Elements, 07/17/2020 1.0 0.0

Exceptions and 1807685N Course On-line Effective Use of Experts in Personal 07/15/2020 2.0 2.0 Yes

Injury 1906430N Course Telepho Social Media Evidence: 7 Simple 02/17/2020 2.0 0.0

nic Steps to Authentic 1801877N Course On-line The Paperless Office: Dealing with 07/22/2019 2.0 0.0

Incoming Docs 1901852N Course Live 17th Annual Raymond J. Ehrlich, Jr. 04/24/2019 4.0 4.0 Yes

Trial Advocacy 1704684N Course Live Quarterly Meeting with Presentation 06/19/2017 1.0 1.0 Yes

from Expert in 1703582N Course Live The 11th Annual CME Seminar for 06/07/2017 8.0 1.0 Yes

Mediators 1605314N Course Live Florida Dispute Resolution Center 08/12/2016 8.5 8.5

24th Annual Cont 2026 Course Live Annual Civil Trial Update and 02/04/2016 16.0 16.0

Certification Review 1508974N Course Live 2015 State Farm Trial Advocacy 11/09/2015 37.0 0.0

Program

5/10/2021 Board Certifications

'-ivil Trial Board Certificatiot.

Status and Credit History

for Thomas Corley Smith (Bar #154652) as of 05/10/2021

Civil Trial Board Certification Status

Status Certified

Cert Date 06/01/2016

Credits : 50.0 of 50.0

Credit Date Reference

05/07/2021 2009738N

04/13/2021 4123

04/08/2021 3771

04/07/2021 3863

04/05/2021

04/05/2021

04/05/2021

03/16/2021 1908816N

03/05/2021 2005769N

· 01/26/2021

09/02/2020 2834

• 08/14/2020

07/29/2020 2002718N

Cycle 06/01/2016 - 05/31/2021

Credit Cycle 09/01/2016 - 05/31/2022

Title

2021 FDLA Winter Meeting

Civil Trial Update & Board Certification Review 2021

Advanced Cross Examination Topics

' Personal Injury Claims: Working With An Economist

Mediation Confidentiality 101

Mediator Ethics: Pop Quiz

Mathematics of Zero-Sum Negotiations

Negotiate Like a Pro-Professionalism Matters

Online Mediations-Trials, Tribulations, . Positives

Amendments to the MDFL Local Rules

Hot Topics in Evidence 2019

28th Annual Florida Dispute Resolution Center Conf

18th Annual Erlich Trial Advocacy Seminar

https ://member. floridabar.org/TfbCertificationStatus

Item

Webinar

On-line

On-line

On-line

On-line

1 Webinar

On-line

i On-line

On-line

Webinar

Webinar

Cycle Year 5

1 Credit Status , Compliant

Gen Cert Cred Cred Cycle

10.0 05/31/2022

15.0

1.0

1.0

0.0 . --

1.0 ! 0.0 --

1.5 0.0 --

0.0 --

0.0 i --

1.0 05/31/2022

7.5 7.5 05/31/2022

6.0 0.0 --

4.0 4.0 05/31/2022

Date Posted

05/10/2021

04/09/2021

. 01/26/2021

09/02/2020

08/17/2020

07/29/2020

1/2

, 5/10/2021 Board Certifications

i 07/23/2020 3318 ADR Tech Series- Excel 0.0 07/24/2020

07/23/2020 4075 Ehrhardt On Evidence 2020 2.5 : 05/31/2022 • 07/24/2020

07/22/2020 ! 1902490N Top 23 Legal Ethics Mistakes 0.0 07/22/2020 Attorneys Make

07/22/2020 3938 Back to the Basics 20+ Writing Tips 0.0 -- 07/24/2020 for the Modern

07/21/2020 1807254N Identifying and Eliminating Implicit On-line 07/21/2020 Bias

l 07/20/2020 1908630N Creating a Trial Notebook- Attorney's On-line 07/20/2020 ' Checklist

07/17/2020 11909226N Attorney-Client Privilege Elements, On-line 0.0 -- 07/20/2020

Exceptions and

07/15/2020 1807685N Effective Use of Experts in Personal On-line 2.0 05/31/2022 07/20/2020 Injury

02/17/2020 1906430N Social Media Evidence: 7 Simple Telephonic : Steps to Authentic

07/22/2019 . 1801877N The Paperless Office: Dealing with On-line

Incoming Docs

17th Annual Raymond J. Ehrlich, Jr. 4.0 i 4.0 Trial Advocacy

Quarterly Meeting with Presentation l.O i 1.0 from Expert in

06/07/2017 1703582N The 11th Annual CME Seminar for Live 8.0 1.0 05/31/2022 • 06/08/2017 Mediators

https://member.floridabar.org/TfbCertificationStatus 2/2

My Status I The Florida Bar Members Pprtal

Continuing Legal Education Status and Credit History

for Thomas Corley Smith (Bar #154652) as of 05/10/2021

CLE STATUS TO-DATE

Your CLE cycle: 10/01/2020 - 09/30/2023 Your cycle status:

Credit Type Requirement Claimed

General 33.0 34.0 - -"~---~-~--- - ---- _,_~~-~ -

Professional Responsibility 5.0 11.5

Ethics 0.0 5.5

Professiona I ism 1.0 2.5

Bias Elimination 0.0 2.5

Mental Illness 0.0 1.0

Technology 3.0 2.5 --.~------ ~--- -~-~- --~

BASIC SKILLS

Status Phase End Date Completed

Phase 1 10/31/1999 03/02/1999

Phase 2 09/30/2002 02/10/2000

CREDIT HISTORY

Full History

- you still need credits

Remaining

0.0

0.0

0.0

0.0

0.0

0.0

0.5

Credit Date Course Title Item Gen Credit PR Credit Tech Credit

05/07/2021 2021 FDLA Winter Meeting Webinar 10.0 5.0 1.0

https://member.floridabar.org/TfbCLEStatus 1/5

5/10/2021 My Status I The Florida Bar Members p0rtal

Credit Date Course Title Item Gen Credit PR Credit Tech Credit

04/13/2021 4123

04/08/2021 3771

04/07/2021 3863

04/05/2021 2006053N

Civil Trial Update & Board

Certification Review 2021

Advanced Cross

Examination Topics

Personal Injury Claims:

Working With An

Economist

Mediation Confidentiality

101

On-line 15.0 2.0 1.0

On-line 1.0 1.0 0.0

On-line 1.0 0.0 0.0

On-line 1.0 1.0 0.0

------- -------- - -- - ______________ - -- -- ~----------------~~-~~~~-~-

04/05/2021 2006052N

04/05/2021 2101522N

03/16/2021 1908816N

03/05/2021 2005769N

01/26/2021 2009267N

09/02/2020 2834

08/14/2020 2004721 N

07/29/2020 20027'18N

07/23/2020 3318

07/23/2020 4075

Mediator Ethics: Pop Quiz

Mathematics of Zero-Sum

Negotiations

Negotiate Like a Pro

Professionalism Matters

Online Mediations-Trials,

Tribulations, Positives

Amendments to the MDFL

Local Rules

Hot Topics in Evidence

2019 -- ---------•----~ --- --- ---

28th Annual Florida Dispute

Resolution Center Conf

18th Annual Erlich Trial

Advocacy Seminar

ADR Tech Series- Excel

Webinar

On-line

On-line

On-line

On-line

On-line

Webinar

Webinar

On-line

Ehrhardt On Evidence 2020 On-line

1.0 1.0

1.5 0.0

1.5 1.5

1.0 0.0

1.0 0.0

7.5 3.0

- ----- - -"-~---- - ----~- C"-- •--

6.0 2.0

4.0 0.0

1.0 0.0

2.5 0.0 - ---- - - - ---~---- -- -~--~------- - -- --- -------- -- ----- --~--- _______ ---- ______ ----- - ------~-~~~~-~

07/22/2020

07/22/2020

3938

Back to the Basics 20+

Writing Tips for the

Modern

1902490N Top 23 Legal Ethics

Mistakes Attorneys Make

https://member.floridabar.org/TfbCLEStatus

On-line 1.0 0.0

On-line 1.0 1.0

0.0

0.0

0.0

0.5

0.0

1.0

-- ---~-- --,. --

0.0

0.0

1.0

0.0

0.0

0.0

2/5

5/10/2021 My Status I The Florida Bar Members Portal

Credit Date Course Title

07/21/2020 1807254N Identifying and Eliminating

Implicit Bias - -•-••~~-~----•~---•=---~ ~---~•-~.----•~---~- --~~-------.C~~---. ---•---•••~---=-----

07/20/2020

07/17/2020

07/15/2020

02/17/2020

07/22/2019

04/24/2019

06/19/2017

06/07/2017

08/12/2016

02/04/2016

11/09/2015

08/28/2015

08/25/2015

08/25/2015

1908630N

1909226N

1807685N

1906430N

'I80'1877N

'190'I852N

1704684N

Creating a Trial Notebook-

Attorney's Checklist

Attorney-Client Privilege

Elements, Exceptions and

Effective Use of Experts in

Personal Injury

Social Media Evidence: 7

Simple Steps to Authentic

The Paperless Office:

Dealing with Incoming

Docs

17th Annual Raymond J.

Ehrlich, Jr. Trial Advocacy

Quarterly Meeting with

Presentation from Expert in

The 11th Annual CME 1703582N

1605314N

2026

1508974N

1820

1403281N

1501787N

Seminar for Mediators

Florida Dispute Resolution

Center 24th Annual Conf

Annual Civil Trial Update

and Certification Review

2015 State Farm Trial

Advocacy Program

Advanced Appellate

Practice & Certification

Review

Providing Exacerbation of

Pre-Existing Injuries

Proving Pain & Suffering in

Auto Injury Litigation

https://mem ber. florida bar.org/TfbCLEStatus

Item Gen Credit

On-line 1.0

=------- .----~~

On-line 2.0

On-line 1.0

On-line 2.0

Telephonic 2.0

On-line 2.0

Live 4.0

Live 1.0

Live 8.0

Live 8.5

Live 16.0

Live 37.0

On-line 8.0

On-line 2.0

On-line 2.0

PR Credit Tech Credit

1.0 0.0

-~-- ~~~------~- - ---- ~----~-~

0.0 0.0

1.0 0.0

0.0 0.0

0.0 2.0

0.0 2.0

0.0 0.0

0.0 0.0

5.0 0.0

1.5 0.0

2.0 0.0

1.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

3/5

5/10/2021 My Status I The Florida Bar Members P0rt~I

Credit Date Course Title

08/15/2015

08/07/2015

08/03/2015

06/08/2015

04/16/2015

10/17/2014

09/20/2014

09/13/2014

01/23/2014

08/09/2013

09/18/2011

07/23/2011

05/12/2011

03/04/2011

07/02/2010

09/16/2008

Jacksonville Assoc. of

·1503788N Defense Counsel Annual

Retr

1836

1678

'1502900N

1405028N

Annual Civil Trial Update

and Certification Review

The Art of Objecting: A Trial

Lawyer's Guide to Pr

The Essentials in Treatment

of Pain by Dr. Mark H.

Dispute Resolution Center

22nd Annual Confer~nce

What Civil Court Judges

1304012N Want You to Know-Ft.

Myers

1501 Hot Topics in Appellate

Practice 2013 - ---=--=~----- -~~- -

174'1

1502

1304363N

7089-1

1169

1058

'1193

8970-9

0660

Survey of Florida Law 2013

Practicing Before the Fifth

District Court of Appe

21st Annual Conf for ADR:

Expanding Our Horizons

CIRCUIT CIVIL MEDIATION

TOPICS IN EVIDENCE

PRACTICE BEFORE 5TH

DISTR

HOT TOPICS APPELLATE

PRAC

2010 FEDERLA JUD

ROUNDTBL

SURVEY OF FLORIDA LAW

08


Item Gen Credit PR Credit Tech Credit

Live 6.0 1.0 0.0

CD 15.0 2.0 0.0

CD 7.5 1.0 0.0

Live 1.0 0.0 0.0

CD 6.0 0.0 0.0

Live 7.0 1.0 0.0

CD 8.0 1.0 0.0

CD 14.5 4.0 0.0 --~=~---------

CD 7.5 1.0 0.0

Live 6.5 0.0 0.0

48.0 6.5 0.0

8.0 1.0 0.0

8.0 1.0 0.0

Live 8.5 2.0 0.0

3.0 1.0 0.0

CD 11.5 4.0 0.0

4/5

- 5/10/2021 My Status I The Florida Bar Members g..--1;:al

Credit Date Course

09/15/2008 0448

08/03/2008 :W02--6

Title

FUNDAMENTALS ELDER

LAWI

2006 ANN MEETING DUCK

KEY


Item Gen Credit PR Credit Tech Credit

CD 8.0 1.0 0.0

7.0 0.0 0.0

5/5

Recertification Application Coversheet

Return your completed application for recertification with this coversheet to:

The Florida Bar Legal Specialization and Education Department

651 East Jefferson Street Tallahassee, FL 32399-2300

Bar Number: 0154652

Name: Thomas Corley Smith

Area of Certification: Civil Trial

Please read and initial the following statements:

I have read all applicable rules, policies, and instructions within this application.

I understand, pursuant to BLSE Policy 2.08(a)(2), only complete applications will be substantively reviewed by a certification committee.

I understand that the accuracy of the information I provide will be verified. I acknowledge that the information in my application and attachments, if any, is true and complete.

I understand my continuing obligation to notify the Board of Legal Specialization and Education of The Florida Bar in writing if there are any changes to any of my responses within the application and if there are any changes to my qualifications for board certification.

I understand, pursuant to BLSE Policy 2.05(c), failure to respond to a request for supplemental information will be considered a withdrawal of my application.

I have enclosed my application fee of $250. My check is made payable to The Florida Bar.

Signature: Date:

Documents

APPLICATION FOR BOARD RECERTIFICATION