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MEETING NOTICE
SCBA NEWS
12TH CIRCUIT NEWS FLORIDA SUPREME C OURT
12TH JUDICIAL CIRCUIT NEWS
HEALTH AND WELLNESS SPOTLIGHT
Sarasota County Bar Association
January2016VOL. 33, NO. 1
See STRESS, Page 5
See RETAINER, Page 5
By JOHN W. CHAPMAN, JR. The John Chapman Law Firm, P.A.
In September, the Florida Supreme Court adopted amendments to the Rules Regulating Fees and
Costs (Rule 4-1.5), which left many practitioners, including your humble author, scratching their respective heads. As stated in the decision, the purpose of the amendment was to provide definitions for “retainer,” “flat fee,” and “advance fee,” and to provide guidance as to whether such fees should be deposited into an attorney’s trust account.
Throughout my 25 years of practice, I have always understood a “retainer” to be money paid by a client, which was deposited into the attorney’s trust account and used
Think you know what a retainer is? No, you don’t!
John W. Chapman, Jr. The John Chapman Law Firm, P.A.
to pay invoices for future services. I also understood it to be a flat fee that was paid periodically for certain enumerated services, i.e., being “on retainer.” The new definition, however, now provides that a retainer is money paid to a lawyer to “guarantee the lawyer’s future availability.” Further, a retainer is not payment for past or future services, and, if not refundable, should not be held in trust. (I don’t think I’m going to convince MY clients to pay me just to guarantee my future availability, but if any of you out there charge such fees, I would love to hear from you!)
What was a retainer, at least in my mind, is now considered an “advance fee.” An advance fee is defined as a sum of money paid to the lawyer
Two judges to be invested
Investitures for two new judges will be held in January.
The investiture for Judge Brian Iten will be held on Friday, Jan. 15, starting at 4 p.m. at the Manatee County Historic Courtroom.
The investiture of Judge Hunter Carroll will be at 4 p.m. on Friday, Jan. 22, in the first-floor chambers of the Sarasota County Commission, 1660 Ringling Blvd.
Simple concepts to help lawyers keep stress in checkBy JASON LESSINGER Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.
As you may know, our now-former SCBA president, Hunter Carroll, emphasized a Health and Wellness
initiative as part of his presidency, to encourage us as lawyers to be more aware of both our physical and mental health as we attempt to find our way in the competitive and demanding field we have chosen. We have all seen the statistics that rank lawyers as having one of the highest suicide rates of any profession, which goes hand in hand with another statistic — the fact that lawyers suffer from depression at a rate that is double the national average for the general population. We all know why. The practice of law is very
stressful. Too much stress can lead to depression. The fact is, however, that the stressful elements of our profession are not likely to change any time soon. These elements include:
• The constant conflict of litigation;• Necessarily making decisions
based on incomplete information — only being able to give “an opinion” as to what a trial or appellate court may say about the decision — while trying to explain to clients that the law is constantly evolving; and
• Serving clients who are upset because they are going through one of the most traumatic experiences in their life, which they rarely completely understand, and often times can’t afford.
I am sure that every single lawyer reading this can come up with his or
Jason LessingerIcard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.
Dear Friends …Thank you for the party you
held in honor of my retirement, and for your generous contribu-tions to The Jan Jung Fund at the Community Foundation of Sarasota. I look forward to the Fund enrich-ing the SCBA’s support of programs that promote law-related education or encourage careers in the law in Sarasota elementary, middle and high schools, public and private.
When I accepted the job of Execu-tive Director of the SCBA 26 years ago, you warmly welcomed me into this outstanding organization. I know you will give your new ED, Holly Lipps, that same encouragement and kindness. She is excited to begin this new phase of her professional career, and looks forward to continuing the mission of the SCBA, while building new relationships, promoting thought-ful change, and maintaining the high-est quality service to our members.
As I begin this journey of retire-ment, I do so with a grateful heart. If you would like to stay in touch, please do so by emailing me at [email protected].
SCBA kicks off the new year on a healthy noteNew year, new you! The holiday
season, with all its joy and celebra-tion, also brings with it a fair deal
of stress, chaos, and extra calories! Now that the holiday season is behind us, it’s time to re-center and find the balance in our lives. That is, if we even had it to begin with! As lawyers, we have a reputation for being worka-holics. Often, we overlook our own well-being as we strive to meet client demands and bill hours, to the point that our work becomes our life. According to a recent study, lawyers have the worst health and well-being of any white-collar professionals. The SCBA wants to change those statistics.
Please join us at the Jan. 21 SCBA General Membership Luncheon as we officially kick off the new year with a focus on health and wellness. Hear about the upcoming events planned for SCBA members and enjoy a brief talk from Dr. Christopher Cortman. Dr. Cortman is a licensed psychologist who is known for his “edutainment” seminars, giving advice on serious issues like anxiety and stress management in a humorous, entertaining way.
Vendors will be present from New Balance/Fleet Feet, Hand & Stone Massage and Facial Spa, and Yoga Shack with information and special offers. We will also be raffling off some great items to help kick start your 2016 on a healthier note. Hope to see you there. For more informa-tion, please contact Jennifer Grosso, Chair, Health & Wellness Committee, at [email protected] or 552-5557.
Farewell message from Jan Jung
her own reasons and add them to the list. So, the question becomes, what to do about it? How do we better manage the stress in our lives? In the 18 years I have now been practicing law, I can certainly say that my ability to deal with professional stress has improved, in part because I have attempted to recognize and implement some very basic concepts in my day-to-day life in an effort to keep a positive attitude while dealing with the stress inherent in our profession.
Early in my legal career, I often felt that I was “treading water.” At times I would find myself simply trying to get through the day rather than attacking the day. I found this attitude to permeate my existence at times even at the most basic levels. For
Judge Carroll Judge Iten
Judges, lawyers, public officials, friends and family paid tribute to Judge James Parker at his retirement celebration organized by the South County Division and held at the Turner Center in Arcadia. Master of Ceremonies Judge Don Hall facilitated a wonderful program that included remarks by Senior Judges Lee Haworth and Robert Bennett, Preston DeVilbiss, Jr., and Pastor Louie Mabrey. Left to right: Judge Parker’s Judicial Assistant Nancy Bigness, Attorney Jack Dulmer, Judge James Parker, South County Division President Kerry Mack, and Frances Parker.
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2 January2016
BAR A SSO CIATION NEWS
With the appointment of Hunter Carroll to the bench, I will now assume the role and duties of
President of the Sarasota County Bar Association. I look forward to work-ing with our members to take our Bar to even greater heights. I have already hit the ground running and plan to carry out the programs developed by newly appointed Judge Carroll prior to his leaving the office of SCBA President in exchange for a black robe. Because he is who he is, and many of you know what I am talking about, Judge Carroll has a well-developed blueprint for me to follow in complet-ing his term. The main focus of Judge Carroll’s year as president was going to be the focus on health and wellness of lawyers of our Bar. I will continue to work with and support the Health and Wellness Initiative as we focus on and emphasize the importance of physical and mental wellness of our lawyers.
As 2015 comes to an end, we can take time to reflect on the past and look forward to the future of new leadership.
Judge Lee Haworth proudly served the 12th Judicial Circuit for more than 25 years. Throughout his years of service, Judge Haworth took pride in supporting efforts to help those who could not help themselves. Judge Haworth supported efforts to help veterans manage their way through a complicated legal system after coming home from serving their country. He also created foreclosure programs that would be used throughout the state. Judge Haworth’s dedication to our community will be sorely missed.
Judge James S. Parker served the 12th Judicial Circuit for over 30 years. Judge Parker spent the majority of his career in DeSoto County. Those appearing before Judge Parker knew
Passing the torch, and keeping the focusthey would be treated fairly and also knew they had to be prepared. Judge Parker dedicated his life of service to the DeSoto County residents who supported him in all of his efforts. Judge Parker tirelessly supported the Arcadia All-Florida Championship Rodeo through his financial giving and his time. Judge Parker was a defender of justice and cared deeply for his community.
Judge Peter A. Dubensky also served the 12th Judicial Circuit for more than 25 years. Judge Dubensky had a genuine love and respect for the law, and those sentiments were reflected in his rulings. Whether you were a winner or loser at a particular hearing, you knew Judge Dubensky’s rulings were going to be well-reasoned. Judge Dubensky sought justice in all of his proceedings. Judge Dubensky was a man of conviction and was well respected by lawyers and his peers.
Jan Jung dutifully served our Bar Association for over 25 years. Because of her tireless efforts, our Bar is routinely recognized as one of the top bar organizations in the state. Jan encouraged Bar presidents to seek greatness for this organization and its members. She had a deep apprecia-tion and respect for our local Bar and wanted the very best for its members. It was that appreciation and respect which pushed Jan to go above and beyond when it came to her duties as Executive Director.
We wish Judges Haworth, Parker, and Dubensky, and Jan all a long, happy, and healthy retirement. While we are sad we may no longer be seeing them on a daily basis, we hope they will all stay active in our legal system and Bar. They have made our commu-nity a better place.
With the passing of the torch, we are excited to welcome Judges Teresa
SCBA PRESIDENT’S COLUMN
Dees, Hunter Carroll, and Brian Iten, and new Executive Director Holly Lipps to their new jobs, and we look forward to them beginning long careers and blazing new trails of great-ness for the 12th Judicial Circuit and the Sarasota County Bar Association. The new leadership is ready to get to work and start the new era off with a BANG.
Professionalism Award nominations
The Florida Bar’s Henry Latimer Center for Professionalism is now accepting nominations for two
professionalism awards. The William M. Hoeveler Judicial Professionalism Award is awarded to a state or federal judge in active service who exemplifies commitment to the ideals of justice and diligence in inspiring others to the mission of professionalism. The Group Professionalism Award is awarded to one local bar organization or Inn of Court that, through its activities or programs, has enhanced professional-ism among lawyers or law students. All nominations for these two awards must be submitted by, respectively, Feb. 1 and Feb. 15.
Nomination forms are available at www.floridabar.org/professionalism, and nominations may be submitted to the Center either electronically (at [email protected]) or by hard copy to: Henry Latimer Center for Profes-sionalism; The Florida Bar; 651 East Jefferson St.; Tallahassee, FL 32399-2300. If you have any questions, please contact Sarah Bolinder, Assis-tant Director of the Henry Latimer Center for Professionalism, at (850) 561-5646 or [email protected].
E. KEITH DUBOSE, Esq. Matthews Eastmoore
Nominees sought for SCBA, YLD and SCD boards of directorsBy E. KEITH DUBOSE, Esq. Matthews Eastmoore
Nominations are being accepted now for the SCBA, the Young Lawyers Division (YLD), and the
South County Division (SCD) Boards of Directors for the 2016–2017 Bar Year.
The SCBA Nominating Committee will be slating individuals for President-Elect, Secretary, Treasurer, and for three at-large director positions. The YLD Nominating Committee will be slating individuals for President-Elect, Secretary, Treasurer, and two at-large director positions. The South County Division Nominating Committee will be slating for President-elect, Secretary, Treasurer and two at-large director positions. Each officer and director is required to attend and actively participate in monthly board meetings, an annual long-range planning retreat, and other activities throughout the year, such as writing a Docket article.
Members are strongly encouraged to nominate themselves or other members for the open Board of Directors positions. Historically, the Nominating Committees generally slate existing board members for officer positions, but this is not an absolute requirement.
Individuals interested in serving on any of these boards should complete the enclosed Leadership Development Form and return it by email to [email protected] or by faxing it to the SCBA office at 861-8184 by Jan. 22.
See NOMINEES, Page 8
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3January2016
SCBA NEWS
DOCKET EDITOR’S COLUMN
DANIEL R. STRADER, Esq. Shumaker, Loop & Kendrick, LLP
It is hard to believe that I am just now writing to introduce myself as Editor of The Docket for 2015–2016. This
is a column I had planned to write months ago, but frankly, you all have been giving me so many great articles to publish that I just have not had the space! I am told by past Docket editors that this is both an unusual and terrific problem to have. On that note, I greatly appreciate all of your contin-ued support in providing content for this publication. It is all of you who make this little newsletter worth read-ing, and I want to wholeheartedly thank all of my wonderful authors for their contributions. I would encourage all members to submit articles on any topic that is of interest to you. Not only does The Docket provide a plat-form for communicating interesting ideas with your colleagues, it is also a great way for lawyers — and perhaps young lawyers in particular — to get some exposure and recognition within our legal community. So please keep those articles coming!
I want to use this space to introduce two new recurring features you will see in these pages during the
remainder of my tenure as Editor. First, beginning in this issue, we will be regularly featuring articles that highlight health and wellness issues. This was a major priority of our (now former) SCBA President, Hunter Carroll — now Circuit Judge Carroll — and will continue to be emphasized by the SCBA moving forward. We all know that the legal profession, as much as we enjoy the work we do, can also be a grind, and the health and wellness articles will highlight ways for us all to slow down, reflect, and stay healthy, both mentally and physi-cally. The second recurring feature will be a Community Involvement
Getting fit and getting involvedspotlight focusing on the great work that our membership does in support-ing worthy charitable causes in our community. The goal of this section will be to highlight some of Sarasota County’s tremendous charitable orga-nizations, and to discuss opportunities for our membership to get involved. Please contact me at [email protected] if you have ideas for either of these new features.
And lastly, I want to thank two people who have been so helpful to me in my role as Docket Editor this year — Hunter Carroll and Jan Jung. Judge Carroll has been unwavering in his support and encouragement of me as Editor, and he has done everything possible to help me be successful in this role. I am extremely happy for Judge Carroll in his new role as a Circuit Judge, which has been a life-long dream and goal, and I know he will be eminently successful in that capacity. I am also excited to welcome incoming SCBA President Keith DuBose. This role came a bit earlier than Keith was expecting, but I know he will do a tremendous job leading this organization, just as he has done in a variety of other bar leadership roles over the years.
And to Jan, what can I say that hasn’t been said already over the past few months by countless other SCBA members whom Jan has profoundly impacted? There is no way to adequately thank Jan for her contri-butions over the past 26 years. On a personal level, Jan has been my biggest advocate since I joined the SCBA just out of law school, and she has always been there for me as a cheerleader and a voice of encouragement whenever I needed it. I will miss you always being there, Jan, but I wish you all the happiness you deserve as you look forward to the next chapter.
C OMMUNIT Y INVOLVEMENT SPOTLIGHT
‘My Warrior’s Place’ helps vets, families healBy ILYAS SAYEG Maglio, Christopher & Toale, P.A.
My Warrior’s Place is an organiza-tion born from immeasurable loss, but that breeds hope and
healing for those returning from the battlefield. U.S. Army Spc. Corey Kowall dreamed of serving his coun-try his entire life. Tragically, on Sept. 20, 2009, he was killed while lend-ing aid and support after improvised explosive devices were detected near his Forward Operating Base. Corey was only 20 years old. After Corey’s funeral, his mother, Kelly Kowall, returned to Florida from Tennessee and purchased a boat. She and her son had loved being on the water together. Grieving herself, Kelly found solace in helping others facing similar adversity. Many times, she invited veterans and Gold Star families (those suffering the loss of a service member) to join her on the boat as she took them to her son’s favorite spots. She realized that these excursions had therapeutic value. Soon, others began to volunteer their sailboats, fishing boats, canoes, and kayaks to help provide greater oppor-tunities for these individuals to have healing time on the water. Continuing these efforts, Kelly became certified as a Grief Support Provider and a Life Coach. Further, she channeled her experience in business and marketing to purchase and transform a run-down plot of land in Ruskin into a beauti-ful, waterfront, safe refuge for those who need help during dark times. My Warrior’s Place was born.
On nearly two acres of serene waterfront property, My Warrior’s Place now offers temporary and emergency housing units, outdoor and marine excursions, peer mentor programs, fitness programs, and a host of other supportive services for
returning warriors, first responders, and families as they cope with the loss and trauma associated with their experiences. Some need time away to deal with PTSD. Some need help to re-integrate into the civil world. Some need assistance with newfound physi-cal challenges. Some deal with finan-cial struggles and need a roof over their head to get them through a short stretch. Some just need the time and space to grieve. All need help to heal.
I first became involved on the board of directors for My Warrior’s Place in early 2015. In addition to serving on
the board, I also provide legal help pro bono. The dedicated board members each care passionately about the orga-nization’s mission. Most, if not all, are veterans and family members of veterans. I’m inspired by their commit-ment and honored to be a part of their team. The organization is entirely run by volunteers and reliant on dona-tions. What Kelly and this team have done to transform the two acres into a waterfront retreat and provide healing is nothing short of heroic.
As My Warrior’s Place looks to the future, large-scale fundraising efforts are being planned in order to construct improved, multi-family housing units on the property. Addi-tionally, My Warrior’s Place hopes to grow and open new locations, nation-wide. The goal is to make sure those veterans, first responders, and families dealing with the mental and physi-cal challenges of loss, trauma, and re-integration have the help they need to heal.
If any of you would like information on how to get involved with My Warrior’s Place or donate, please visit www.mywarriorsplace.org or contact me at [email protected].
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4 January2016
YOUNG LAWYERS DIVISION
I would like to thank Jennifer Burns and the Holiday Party committee for organizing another successful all-Bar
holiday event this past December at Libby’s. Thank you to all members of the SCBA who came out and who made donations to Children First. Your contributions will have a big impact on underprivileged and vulnerable children in our community.
Having toured the Children First facility last month, I can tell you firsthand that what they do is absolutely amazing. Children First is a non-profit organization that aids children 6 months to 5 years old and prepares them for kindergarten. All of the children at Children First come from underprivileged homes in our community and are at the highest risk of not completing high school and having the least opportunities available to them. On average, these kids hear 30 million fewer words before the age of 5 than children from slightly more affluent neighborhoods. These kids are not all minorities, but from the entire spectrum of our community, and they don’t even know yet that they need all the help they can get.
Children First provides early childhood education, programs for pregnant teens and teen moms, and programs for fathers. They do “field trips” to the dentist and to the beach (many of these kids have never been to or seen the beach, despite living 10 minutes away, because of their home life situation). A famous rabbi once said that “every meeting of two people should benefit a third,” meaning that people need to come together to help someone else who is in need. As attorneys and community leaders, we have an obligation to serve and help our community. We will continue encouraging charitable contributions to Children First at future YLD events
this year. The Florida Bar YLD Affiliate
Outreach Conference is taking place later this month in St. Augustine. The AOC gives each chapter an opportunity to present and apply for grants for community service projects. The Sarasota YLD will be sending two board members to the conference. We will be presenting our plans for the 12th Judicial Circuit Mock Trial competition. This is going to be an amazing event and we will need a lot of volunteers. Please contact the event co-chair, Ilyas Sayeg, at [email protected], or the SCBA Office at [email protected] if you are interested in getting involved.
Our Law Week and Law Day Luncheon programs are in active planning mode. Once again we
will need a lot of volunteers to go to area elementary schools for Law Week presentations, and help with coordinating the Law Day Luncheon. Please contact me at [email protected] if you are interested in getting involved in either of these events. Also look out next month for the Docket insert for our annual Spring Training outing to see the Orioles at Ed Smith Stadium on March 30. Get your tickets early!
Also in February, the YLD and the Civil Trial Section are hosting a networking/CLE event at The Francis. The CLE portion of the evening will be on software solutions to e-discovery issues, and is sponsored and presented by U.S. Legal. Please be on the lookout for e-blast announcements regarding this event.
I hope everyone had a good holiday. As it is the eve of Hanukkah as I write this from my home computer, I can tell you it smells mamish good in the kitchen.
ADAM B. PORTNOW, Esq. Law Office of Adam B. Portnow, P.L.
Making an impact on our community YLD PRESIDENT’S COLUMN
Hagen Brody and Ilyas Sayeg Co-Chairs, Mock Trial Competition
The 2016 12th Judicial Circuit Mock Trial Competition is right around the corner, and our young litigators
are preparing for trial! This year the YLD is organizing the competition, and our committee, which includes Hagen Brody, Sara Castro, Nicholas Chipurnoi, Brian Goodrich, Amanda Kison, Neil Lyons, Jamie Pasquali, Ilyas Sayeg, Christina E. Unkel, and Robert Young, is dedicated to making this a fun and memorable experience for our local high school students.
During the competition, local high
Help students compete in mock trial eventschool teams of student attorneys will compete for a chance to represent our Circuit at the statewide competition in Orlando this spring. Our competi-tion is slated to take place in Sarasota on Feb. 27, and we are looking for volunteers! We need lawyers from our community to help assist in prepar-ing our local high school students and score the trials the day of the competi-tion. Please mark your calendars for this fun event and contact any one of our committee members with ques-tions. Otherwise just email the SCBA and let us know you’re interested.
Icard, Merrill, Cullis, Timm, Furen & Ginsburg is sponsoring the event.
The YLD teamed up with Children First to collect donations at this year’s Holiday party. Left to right: Ilyas Sayeg, Cathy Kenney, Chair Jennifer Burns, Rachel Didier, Christine Conradis, Kristen Theisen of Children First and Megan Wenger of Children First
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5January2016
SCBA NEWS
STRESSContinued from Page 1example, if you asked me then how I was doing, you would almost always get a response such as: “surviving,” or “hanging in there,” or “ok.” These little statements were far more of an actual commentary on my existence then I would have liked to admit.
These days I attempt to adjust some of those negative thoughts that sometimes sneak in by focusing
on a more positive outlook. Today if you ask me how I am doing, you will more often get a response such as “awesome,” or “great,” or “living the dream.” I realize that this is one of the smallest steps I can make, but it is a step. I am simply trying to remind myself that despite any particular stress I am dealing with in my profession, life is actually pretty good and I have so much for which to be thankful. In fact, I really am living the dream as compared to a staggeringly high percentage of our world that struggles every day with poverty, war, and violence. We get so wrapped up in our own problems that we forget in the bigger scheme of things just how minuscule those problems really are when compared to the number of people in our world who are dealing with problems such as not having any food to eat. I encourage you to make a small change in your life to assist in trying to change your own internal programming. Even if you do not believe such a statement every single time you make it, remember, perception often becomes reality. The more you say it, the more likely you are to believe it.
Another tool I picked up over the years is the simple concept that you are the master of your own emotions. This is again a very subtle shift in perception that can be very critical. Try and catch yourself every time you
say something like, “That attorney that just (fill in the blank) really made me mad!” Think about that for a minute. Did the other attorney “make” you mad? The critical element of such a thought pattern is the belief that the other person did something to you that caused your negative emotions. Let me give you a most basic example. Say you are driving down the road and get cut off by another driver. How you react is completely up to you. You can get very upset, and accelerate up to the offending driver to give them a few choice words and perhaps a colorful gesture to let them know how angry you are. Alternatively, you can simply recognize that the other person made a mistake for some reason that most likely has nothing to do with you, and simply go about your business. In one of those scenarios, the at-fault driver “made you mad.” In the other, the at-fault driver did not. The at-fault driver’s behavior, however, did not change, only your reaction. So who really made you mad? You did. You chose to react in a certain way that involved anger and hostility. The point is that you can choose how you react to stress and confrontation. The at-fault driver is a simple example, but the concept applies to every situation. Granted, applying the technique to being cut off in traffic is easier than applying it to some of the more stressful things that happen in the practice of law, or a traumatic event in your personal life, but realizing it is possible to control your emotions no matter what happens is a step toward being able to implement the technique in response to even the most upsetting or stressful circumstances. No, I have not mastered this technique, but I try, and sometimes it helps.
When I decided to write this article I remembered that several years ago (2003 to be exact), I wrote another article about trying to deal with the
stress of the practice of law, and I thought I would reprint a paragraph of it here which still rings true:
“So as I write, I think to myself that while I sit in my office on a Saturday, I am lucky to be here, and should thank the stars for my good fortune. So the next time you feel this job starting to suck you down, remember who and what you are: You are a lawyer, and at the same time one of the luckiest people on Earth. It is entirely up to you as to whether you are a happy lawyer or a miserable lawyer.”
against which the lawyer will bill the client as legal services are provided. Just like what we used to call retainers, an advance fee is to be held in trust until it is earned.
As opposed to a retainer, which is given to guarantee a lawyer’s future availability, a “flat fee” is a sum of money for all legal services to be provided. A flat fee can be refundable or nonrefundable. If the fee is nonrefundable, it is considered to be earned and property of the lawyer and therefore should not be deposited into the trust account.
Should we now call our retainer agreements “advance fee agree-ments?” Do we need to redefine
the terms in our agreements to comply with the new rule, e.g., “Client agrees to provide a $5,000 advance fee which shall be deposited into Attorney’s trust account and applied to future invoices.” Does the term “retainer” in a retainer agreement merely refer to the retention of the attorney or the way in which the funds paid are to be treated? The opinion contains no real
RETAINERContinued from Page 1
Judge Parker offers thanks
The following note was received recently by Sarasota County Bar Association Executive Director
Jan Jung:
Dear Jan, Please extend a great thank you
on my behalf to all the members of the Sarasota Bar Association for the gift given in my name to the Arcadia Rodeo Building fund.
Jim Parker
SCBA NEWS
direction, and a call to the Florida Bar Ethics Hotline provided little guidance. The ethics attorney simply reiterated prior opinions that provide that non-refundable flat fees or other fees that are earned when paid do not go in trust. She did not really address the new definitions, and when asked about using the new definitions in our agree-ments, she replied, “I suppose so.”
One concern is that while a client may be familiar with the term “retainer,” he or she may be opposed to paying an “advance fee” for work that has yet to be performed. Even with this in mind, however, I think the better practice would to start using the terms — as now defined — in our fee agreements. To avoid (or at least limit) confusion, we may also want to specifically define the terms — using the language from the rule — in our fee agreements. At the very least, however, we should avoid using the term “retainer” when referring to a deposit for future services. Are we all clear now?
We get so wrapped up in our own problems that we forget in the bigger scheme of things just how minuscule those problems really are when compared to the number of people in our world who are dealing with problems such as not having any food to eat.
Can the law firm you refer your Personal injury Cases to answer yes to these 10 questions? 1. Does the attorney try cases several times each year? 2. Does the attorney have the ability to show you recent trial
results? 3. Does the attorney have over 20 years of experience working
for the insurance companies so that they have gained an insight into how to oppose and/or sue the insurance companies?
4. Is the attorney Board Certified in Civil Trial Law? 5. Is the attorney AV rated by Martindale Hubbell? 6. Does the attorney have the financial strength to take on
significant injury cases? 7. Is the attorney located in the 12th judicial circuit? 8. Will the attorney pay you a referral fee in accordance with the
rules regulating the Florida Bar on every case no matter how big or small?*
9. Is the attorney available to speak with you at any point during the referral to give you status updates as you request?
10. Is the attorney willing to take on challenging cases that other law firms or attorneys may not be willing to handle or would turn down due to the amount of work involved?
refer your Cases to the mallard law firm, beCause our answer to these 10 questions is yes.
Mallard Law Firm, P.A.889 North Washington Blvd.Sarasota, Florida 34232(P) 941-952-1682www.MallardLawFirm.com
*Rules regulating the Florida Bar permit a 25% referral fee without any involvement of the referral attorney other than making the introduction to the client. Any additional fees require court approval and involvement of the referring attorney in the handling of the personal injury matter.damian mallard, esq.
U.S. citizens and residents with certain financial transactions in foreign countries are subject to IRS reporting?
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Did you know
INTERNATIONAL CONSULTING AND TAX PLANNING
6 January2016
County. Welcome, President DuBose.The close of 2015 also brought
the retirement of Judge Peter Duben-sky. As I have commented before, the “aging out” rule must be revisited. The loss of Judges Lee Haworth, Parker and Dubensky in 2015 (and many others before them) brought home how much institutional knowledge and skill is lost when retirement is forced through aging or through econom-ics. However, our Division welcomes Judges Teresa Dees, Brian Iten and Carroll to their new positions and looks forward enthusiastically to their development as excellent jurists.
Holly Lipps took over as Executive Director of the Sarasota County Bar
SOUTH C OUNT Y DIVISION
Kudos to Commissioner Christine Robinson for directing the staff of Sarasota County to refer to the
South County Courthouse project as Access to Justice. This direction epito-mizes the spirit of the Sarasota County Board of County Commissioners, and their perception of the project that is so important to the continuing devel-opment of South Sarasota County. When the commission approves the referendum, it will still have to pass the court of public opinion on the 2016 ballot. Please send me the name of any organization (civic, social, homeowner, etc.) to which you belong that has scheduled meetings that our Speakers’ Bureau can attend to gener-ate public interest in this very impor-tant project by speaking to our citi-zens. Easter is very early this year, and it is important to reach our citizens who migrate elsewhere after that time to educate them as to the importance of Access to Justice.
During the last months of 2015, our Division hosted the retirement party of the Honorable James Parker. Judge Parker devoted 40 years of service to the judiciary. Our Division gave him a “bird” gun as a gift, and he was delighted. Thank you to all the members of the judiciary and the SCBA who made the trip to Arcadia to say farewell to Judge Jimmy.
In keeping with our Division’s tradi-tions, the Annual Holiday Party at the Courthouse was held on
Thursday, Dec. 10. Thanks to our lawyer members who contributed so generously to fund this event, where recognition and thanks was given to the courthouse personnel who serve us so graciously throughout the year. And special thanks to the Chair of the event, Catherine Gemma, and her elves (Snow Mowry, Tony Mowry, A.J. Stick-
ley, Dan Policastro, and Erin Itts), who worked diligently to make this another memorable event.
Our Division says farewell to Hunter Carroll, who served as SCBA President this year until he was appointed as Circuit Judge. Although we will miss Hunter and his lead-ership, we wish him patience and wisdom as he embarks on his new career. As Judge Carroll exits, Keith DuBose enters as incoming SCBA President. President DuBose has already shown his interest in our Divi-sion by attending our board meeting in December and expressing his commit-ment to this Division and the erection of a full service courthouse in South
SOUTH COUNTY PRESIDENT’S COLUMN
KERRY MACK, Esq. The Mack Law Firm
‘Access to Justice’ will be rallying call for Courthouse referendumAssociation effective Dec. 1. Please stop by the SCBA office at the Court-house to welcome Holly and support her in her new role as Executive Direc-tor. One goal of our Division is to have a satellite office when the new Court-house is built, and Holly is a propo-nent of that goal. As we slave over making decisions about New Year’s resolutions for 2016, keep in mind that health and fitness is one of our organization’s goals this year. I person-ally hope to see each and every one of you at the Sarasota Music Marathon in February as I finish first in the walk-ing group! I dare you to beat me. To do that, you have to participate. Have a happy and healthy New Year!
Chair Catherine Gemma, far right, greets guests at the South County Division Holiday Party at the Courthouse. Left to right : Catherine Sloan, Esq., Office of the Public Defender, Judge Erika Quartermaine, State Attorney Ed Brodsky, and Craig Schaeffer, Esq., Office of the State Attorney.
SOUTH COUNTY DIVISION HOLIDAY PARTY
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7January2016
SECTION NEWS
FAMILY LAWChair: Dana B. Keane, Esq., Keane & Keane
Titillating tax topics on tapDo you know all of the creative ways to use the IRS Code to save your client’s money? Do you know all of the pitfalls to avoid when designing settle-ments to avoid a post-dissolution tax liability for your client?
If taxes make your head spin and give you apoplexy, you will want to join the Family Law Section to learn some of the best tax tips to help your clients out. Attorney Sharon O’Day will cover topics including: which parent can claim the child care credit, who really gets head of household, how to have some attorney fees be tax deduct-ible, and ways to expand the family pie by using alimony and QDROS and more. The IRS may not be your clients’ friend at the end of this presen-tation, but you will certainly learn ways to creatively use the rules to your client’s advantage.
The luncheon will be held at noon on Jan. 7 at Mediterraneo (Seating is limited to 40). CLE applied for.
REAL PROPERTY Chair: Sheryl A. Edwards, The Edwards Law Firm, P.L.
Kevin Bruning will offer seminar on “The Commercial Tenancy” The Sarasota Bar’s Real Property section is pleased to announce that attorney Kevin R. Bruning will be the featured speaker at the Jan. 13 Real Property Section luncheon at Michael’s on East. Bruning will present a semi-nar on “The Commercial Tenancy.” The meeting will begin at noon.
Seminar topics will include:• Residential versus commercial
tenancies and associated regulations• Distress proceedings – collec-
tion of rent, liens, and what a verified complaint must state
• Injunctions versus a distress writ and double rent
• Actions for repossession• The lease: What it should say and
what it must say.Bruning of Bentley and Bruning,
P.A. concentrates his practice in the area of complex commercial litigation involving primarily real estate and business-related disputes. Bruning will
take questions from the audience after the seminar, and CLE credit has been applied.
Learn how to undertake zoning due diligence from your desktopJoin the Real Property Section on Thursday, Feb. 11, when presenters Courtney Mendez, senior planner for the city of Sarasota, and Donna Thompson, zoning administrator for Sarasota County, will log on to the county’s geographic information systems and walk members through the process of analyzing a property’s future land-use designation, current zoning, potential zoning, uses permit-ted within that zoning district, as a matter of right or by special excep-tions/conditional uses, and the devel-opment standards (setbacks, minimum area/width, height restrictions, parking ratios, etc.) for that zoning district.
The presentation will also include a discussion of how to deal with nonconformities, any traps for the unwary, etc. The session will moder-ated by Dan Bailey, Esq., and conclude with a question and answer period; audience members will be invited to
ask questions during presentations. The meeting will be held at the
Sarasota Yacht Club from noon to 1 p.m. CLE has been applied for.
ESTATE PLANNING & PROBATEChair: Aaron S. Thiel, Esq., PNC Wealth Management
Linda Griffin to speak on “Planning with Retirement Plan assets”The Estate Planning & Probate Section invites you to join us for “Planning with Retirement Plan Assets” on Tuesday, Jan. 27, at Michael’s on East. Attorney Linda Griffin will speak about the minimum required distri-butions from retirement plans, how to calculate same and using trusts as beneficiaries of retirement plans. Grif-fin will also address asset protection features of retirement plans and the latest private letter rulings and cases in this area. With the growth in wealth in retirement assets and the baby boomers planning for the distribu-tion of their assets, this is information all estate planning and probate and trust law lawyers need to know. CLE applied for.
Have you or a member of your firm achieved professional recognition? Have you hired a new attorney? Any other news of note? If so, we would like to hear about it. Email your “News of Note” items to [email protected].
The Labor and Employment Law Section received rave reviews about its recent workshop “Employment Law Guidance for Law Firms.” Featured speakers, left to right: Attorneys John Hament, Kim Walker, Jennifer Fowler-Hermes and Gail Farb.
Attorney David Levin (right) speaking on “Due Diligence of Waterfront Property Transactions” is welcomed to the Real Property Section Luncheon by Section Chair Sherry Edwards.
For its first meeting of the year, the Alternative Dispute Resolution Section heard Gary Larsen, Esq., a Circuit Court Mediator, speak on tactics and techniques of litigants in mediation and a discussion of their effectiveness and ethics. Pictured are Gary Larsen, Esq, and Attorney Michele Stephan, Chair, ADR Section.
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The Docket is a publication of the Sarasota County Bar Association. All articles printed herein are the property of the Sarasota County Bar Association and may not be reprinted without permission.PUBLISHER: SCBA Executive Director Holly LippsEDITOR: Daniel R. Strader, Esq., Shumaker, Loop & Kendrick, LLPDESIGN AND EDITORIAL CONSULTATION: Peter M. Gentile, petermichael associates
TO SUBMIT ARTICLES: The Docket encourages submissions of interest to SCBA members. Contact the SCBA office via e-mail ([email protected]) or phone (861-8180) for further information. The Docket is published 10 months a year. Deadline is the first Friday of the month preceding the month of publication.TO ADVERTISE IN THE DOCKET: Please see the rate card at the Bar’s web site, sarasotabar.com, or call the office at 941-861-8180.
8 January2016
CLA SSIFIED ADS
NEWS OF NOTE
n The law firm of Fergeson, Skip-per, Shaw, Keyser, Baron & Tirabassi, P.A., is pleased to announce it has been named a 2016 Best Law Firm by U.S. News & World Report and Best Lawyers. The firm was ranked in Tier 1 for Trusts and Estates Law and Tier 2 for Tax Law in the Sarasota Metro area.
n Dunlap & Moran, P.A., an AV-rated multi-practice law firm with offices in downtown Sarasota and Lakewood Ranch, is pleased to announce that Elizabeth M. Oakley has joined the Firm as an associate at its downtown office. Ms. Oakley received her B.A. from University of Florida, and then received her Juris Doctor from Florida State University College of Law in 2015. She will concentrate on residential and commercial real estate matters.
n Richard Weissfeld, a family law and general practice attorney in Sarasota since 1994, announces the relocation of his office to 1444 First Street, Suite A, Sarasota, FL. He can be reached at (941) 726-2101. Richard will be sharing space with attorney Jerome Levin of the Levin Law and Mediation Group, whose area of prac-tice includes Mediation, Real Prop-erty, Business and Corporate Law.
n Attorney Annette M. Boone has joined Isphording, Bechtold & Sharrer, P.A. as an associate. Ms. Boone will focus on the areas estate planning and probate administration.
n Sarasota attorney John D. Dumbaugh, partner with the law firm of Syprett Meshad, has earned board re-certification from The Florida Bar as an expert in the field of real estate law, bringing his recognition as a board-certified attorney to 30 continu-ous years. Attorney Dumbaugh was first certified in 1990; the current certification continues through 2020. He is admitted to practice in the U.S. District Court, Middle District of Flor-ida, and Florida State Courts.
OFFICE SPACE2389 Ringling Blvd., 1,215 sq. ft., turnkey furnished or unfurnished professional office. Excellent location, parking. $15 sq. ft. modified gross unfurnished, $16 sq. ft. modified gross furnished. Call (941) 954-0303.1432 1st St. near Whole Foods. Large office with separate office for assistant. Use of conference rooms, full kitchen, parking spot, phone system and utilities included. Join 3 other attorneys, cross referrals possible. $1,300 per month. Call Kevin at 374-1362.
NOMINEESContinued from Page 8
n Erika Dine, Sierra Pino and Liz Moneymaker are pleased to announce the joining of their practices as Dine Law, PLLC: Dine, Pino & Moneymaker with an office in Bradenton. The firm will focus on Elder Law, including Guardianship and Probate Litigation and Administration, Special Needs and Medicaid Planning, as well as Employment Law and General Civil Litigation.
n John M. Hament, Jennifer Fowler-Hermes and Gail Farb of Kunkel Miller and Hament, along with Kim Walker of Williams Parker, in conjunction with the Sarasota County Bar Association, presented a day-long event titled “Employment Law Guid-ance for Law Firms” to attorneys and law firm administrators. The presenta-tion addressed employment law topics common to law firms, including wage and hour, hiring practices, employee performance, and termination issues.
n Steven D. Hutton and Przemyslaw L. Dominko are pleased to announce that Przemyslaw L. Dominko has become a partner. The firm name has changed to: Hutton & Dominko, PLLC, 240 South Pineapple Avenue, Suite 801, Sarasota, FL, 34236, (941) 364-9292 (telephone); (941) 364-9777 (facsimile); [email protected]; [email protected].
To place a classified ad, call the Bar office or send an email to [email protected].
CLERK OF THE CIRCUIT C OURT
CLERK’S CORNER
HB5 requires a change to guardianship plans
Karen E. Rushing Clerk of Court and County Comptroller
There has been much attention given to concerns within the guardian-ship processes from the Legis-
lature. In response, the Legislature enacted House Bill 5 Guardianship Proceedings, effective July 1, 2015, which tightened many aspects of our state’s guardianship statutes. HB5 clarifies how and when guardians are appointed, codifies the duties and responsibilities of court-appointed guardians, and better protects the wishes, rights, and well-being of wards.
Prior to July 1, F.S. 744.367, the guardian was required to file an annual plan at least 60 days but not more than 90 days after the last day of the anniversary month that the letters of guardianship were signed. HB5 amended Section 744.367 Florida Statutes, and revised the period during which a guardian must file an annual guardianship plan with the court. The change requires the annual guardianship plan to now be filed before the last day of the anniversary month that the letters of guardianship were signed, and the plan must cover the coming fiscal year, ending on the last day in such anniversary month. For example, a guardianship with a fiscal year ending March 31 now requires the annual plan be filed between Jan. 1 (90 days prior) and Feb. 1 (60 days prior). In this example, the annual plan would still cover the period April 1 through March 31 of the following year, but would be filed two to three months before the plan year starts, rather than three months after the plan starts, as was done previously
Additionally, HB 5 provides that if the court requires a calendar-year filing, the plan for the forthcoming calendar year must be filed on or after Sept. 1, but no later than Dec. 1 of the
current year. Prior to this change, the filing of the plan was before April 1 of each year.
Please contact the Sarasota Clerk of the Circuit Court Probate Team at (941) 861-7612 if you have any questions regarding guardianship filing dates under HB5.
A Fraud, Waste, and Abuse Hotline is available to anyone who suspects fraud, including guardianship matters. All reported complaints, regardless of their nature, are reviewed by the Clerk of the Circuit Court and County Comptroller through the Internal Audit Department and Office of Inspector General. All allegations are reviewed and when appropriate, investigations are pursued. Calls to the toll-free hotline at (855) 506-0304 will remain anonymous when proper reporting protocol is followed. If one prefers to report directly and not use the hotline, you may go to the Clerk of the Circuit Court and County Comptroller’s Internal Audit Department and Office of the Inspector General, at 1660 Ringling Boulevard, Sarasota, FL 34236; mail a complaint to P.O. Box 3079, Sarasota, FL, 34230; or fax to (941) 861-5704.
The Committees will be meeting in late January or early February. For further information, please contact the respective Nominating Committee chairs: for the SCBA, E. Keith DuBose at [email protected]; for the YLD, Jesse Butler at [email protected]; and for the SCD, Stephen Boone at [email protected].
