st. petersburg february 2012 bar … firm points to the irish potato famine in the 1840s as an...

BAR ASSOCIATIONSt. Petersburg February 2012 www.stpetebar.com

Paraclete - The Magazine For The Legal Professional

A Legacy of Courage, Vision & Hope - By Jeannine S. Williams

The Razor Never Dulls: Allen P. Allweiss – By Charles M. Samaha

From Judging to Mediation - By John C. Lenderman, Senior Circuit Court Judge

Are Your Tax Returns Trying to Tell You Something? – By Robert K. Savage

Celebrating DiversityInside this issue:

Contents

ST. PETERSBURG BAR ASSOCIATION

Editorial Policy: The Paraclete is published for the members of the St. Petersburg Bar Association. The magazine is published 10 times per year and welcomes submissions for publication. Publishing and editorial decisions are based on the editors’ judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of the magazine. From time to time the Paraclete may publish articles dealing with controversial issues. The views expressed in the Paraclete are those of the authors and not necessarily those of the editors, executive committee or officers of the St. Petersburg Bar Association. No endorsement of those views should be inferred unless speMaycifically identif ied as the of ficial policy of the St. Petersburg Bar Association. Advertising copy is reviewed, but publication herein does not imply endorsement of any product, service or opinion ad-vertised. Advertising rate cards are available upon request by calling 727-823-7474 and may be downloaded at www.stpetebar.com. © 2007 St. Petersburg Bar Association.

St. Petersburg Bar Association2880 First Avenue North

St. Petersburg, FL 33713-8604Phone: 727.823.7474 • Fax: 727.823.8166

E-mail: [email protected] Referral Service: 727.821.5450

The mission of the St. Petersburg Bar Association

is to serve the legal community, to strengthen the noble calling

of the practice of law, and to foster excellence in the profession.

Executive DirectorD. C. “Chip” Collins

[email protected]

Editor Jowita Wysocka 727-669-2828

[email protected]

Paraclete AdvertisingJoAnn Knight 727.823.7474

[email protected]

Design & Production727.239.3713

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Features –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 8 A Legacy of Courage, Vision & Hope - By Jeannine S. Williams

10 The Razor Never Dulls: Allen P. Allweiss – By Charles M. Samaha

12 Are Your Tax Returns Trying to Tell You Something? – By Robert K. Savage

14 Who Has the Right to Privacy on Facebook: You or Your Child? – By Carin M. Constantine

18 Discharging Marital Debt in Bankruptcy - By Camille J. Iurillo and Sabrina C. Beavens

19 From Judging to Mediation - By John C. Lenderman, Senior Circuit Court Judge

21 10 Day Residential Rehab – By Bruce H. Denson

Around the Bar––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

16 The Florida Bar: Our Plans for the 2012 Session - By Scott G. Hawkins, President

19 Community Champions

20 21 Florida Lawyers to Receive Pro Bono Awards

23 Bar and Court News

25 Progressive Dinner

In Every Issue––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

4 President’s Message

6 From the Editor

22 Stetson Review

24 St. Petersburg Bar Foundation

24 Young Lawyers’ Section

26 Community Law Program

28 What’s Up and Who’s New

30 Classifieds

Paraclete: The Spirit of Truth February 2012

www.stpetebar.com Paraclete – February 2012 3

President's Message

Merriam-Webster defines diversity as “the inclusion of different types of people (as

people of different races or cultures) in a group or organization.”

What does diversity mean to me? I work for a company that puts a lot of focus on diversity. I attended a 2 day diversity training 6 years ago. I did not know what to expect. I walked away learning how we each have our own pre-conceived notions about people that do not fit into our own race, culture, gender, religion, age, sexual orientation or career group. Even if we believe we are opened minded, it is our nature that makes us look to others that are more like us. We know what we like and assume that others in our own group, whatever that is, will be more like us. How do we focus on diversity if our own nature has us looking for others that are more like us? By knowing that is our nature and putting an effort into having a diverse organization. Large companies realize how important it is to have a

diverse group of employees. They spend a lot of money on training, recruiting and developing diverse employees and leaders. A diverse company is a stronger company. Different individuals from all different groups have different ideas and bring new aspects to a company. Studies actually show this to be true.

Society for Human Resource Management (SHRM) study shows that diversity initiatives positively affect the bottom line, the ability to recruit, the ability to retain, improved client relations, improved productivity, i¬mproved corporate culture and increased innovation. How so?

• Diversity provides a richer variety of approaches to work and problem solving

• Diversity strengthens an organization’s resilience in changing environmental conditions – we sure have had some of changes over the past few years

• Diversity allows challenges to long-accepted views

• Diversity creates dynamic work environments through variety of perspectives

Why do we care about having a diverse group of members in our association? If diversity makes a company strong, think how having a diverse organization will make our St Petersburg Bar Association strong. As you continue to talk about the St Petersburg Bar Association to other colleagues and non-members, remember that we need to be recruiting a very diverse group of non-members. Not only in the different areas of practice but in the areas of ethnicity, age, culture, etc. Even having members from that did not go to a Florida law school adds new perspectives to our association.

Diversityinc.com is a great resource and provides free monthly e-mail newsletters. Check it out and let’s continue to focus on making our association one that is committed to promoting diversity!

4 St. Petersburg Bar Association www.stpetebar.com

By Gentry B. Byrnes

Over the holidays, I watched a documentary on PBS based on a book titled, “The Botany of

Desire: A Plant’s-Eye View of the World.” Like the book, the program tracks the origins and world-wide migration of four types of plants that shaped human civilization: apples, tulips, cannabis, and potatoes. The author of the book, Michael Pollan, discusses the importance of maintaining genetic diversity among plant species to avoid the devastating effects of monoculture.

The firm points to the Irish potato famine in the 1840s as an example, stating that the famine resulted from farmers planting one homogenous variety of potato that was susceptible to an airborne fungus (phytophthora infestans). The fungus was transported by cargo ships from the Americas, triggering a blight that spread like wildfire throughout the country, causing the potatoes to turn black and rot. As the potato was the primary form of agriculture and source of food for Irish farmers and workers, the blight led to the starvation deaths

of over one million people. Pollan described the famine as “a parable about the importance of biodiversity and the dangers of monoculture, and it’s a parable we forget at our peril, but in fact, we’re in the process of forgetting it today.”

By analogy, diversity among human beings is equally vital to our health and growth, including our society and the legal profession. As a bar association, diversity is essential for the continued well-being of our profession. Diversity in its many forms—whether based on ethnicity, color, gender, belief, orientation, occupation, or other—helps law firms and individual attorneys serve their clients better by understanding their goals and perspectives.

This month’s diversity issue contains several articles on the many ways in which the St. Petersburg Bar Association has been involved in developing and celebrating diversity throughout our community. One such initiative has been creating, sponsoring and promoting an exhibit called “A Legacy of Courage,

Vision, and Hope: African Americans in the Legal Community in Pinellas County.” The exhibit opened at the Florida Holocaust Museum in 2003 and later made its way to the Dr. Carter G. Woodson African American Museum. A history of the exhibit is chronicled in this issue by Jeannine Williams.

As with plants, diversity makes us stronger and more adaptable to change—something that is critical in a rapidly fluctuating and increasingly challenging environment.

Jowita is a bankruptcy, commercial, injury, and trial attorney at PERENICH The Law Firm in St. Petersburg and Clearwater. She is also the founder and director of Florida Lawyers for the Arts, Inc., a non-profit that provides legal assistance and information to artists and arts organizations in a variety of practice areas.

By Jowita L. Wysocka

From the Editor: Lessons from the Plant World on the Benefits of Diversity—and the Dangers of Monoculture


So the Irish famine is in a way . . . the great cautionary tale about monocultures of all kinds.1

1 MICHAEL POLLAN, THE BOTANY OF DESIRE: A PLANT’S-EYE VIEW OF THE WORLD (2002).


Ten years ago, the Diversity Committee of the St. Petersburg Bar Association embarked on a

journey to confront its past in hopes for a diversified future. A little more than a year later on August 28, 2003, the museum exhibit A Legacy of Courage, Vision & Hope: African Americans in the Legal Community in Pinellas County (“A Legacy of Courage, Vision & Hope”) opened at the Florida Holocaust Museum in St. Petersburg. At the time of the exhibit opening, Eric Ludin, creator of the Diversity Committee, stated, “I believe the exhibit generates good will and signifies to the community that the St. Petersburg Bar has a sincere desire to diversify its membership. The only way to make real change in the future is to understand our history and make amends for past conduct.”

Today, A Legacy of Courage, Vision, & Hope is a first class traveling museum exhibit that chronicles the history and accomplishments of African Americans in the legal community. Since its opening, the exhibit has been on display at universities, museums, and other venues throughout the state. It is the first exhibit of its kind in Florida and is now administered by the St. Petersburg Bar Foundation. The exhibit has been credited as one of the main reasons a statewide effort to chronicle the history of African American lawyers in the State of Florida was reenergized and came to fruition in 2009.

One of the initial goals of the exhibit was to increase the participation of lawyers of color in the organized bar and in the legal profession in Pinellas County. Another goal was to attract students of color to the legal profession by advancing awareness of the history of African Americans in the legal profession. A greater effect has been the ability to encourage a decade of young students of all races to pursue a career in the law by demonstrating that anything is

possible.

The attorneys featured in A Legacy of Courage, Vision & Hope succeeded despite the obstacles placed in their path. Among those featured in the exhibit are Fred G. Minnis, Sr., who opened St. Petersburg’s first full-time African-American law practice, and his law partner Isaiah W. Williams. Both lawyers had been rejected as members of the St. Petersburg Bar Association in the 1960’s. The two lawyers formed one of the first African-American law firms in the State of Florida. Minnis and Williams became the premier law firm of the African American community. The firm represented many in their quest to protect basic civil rights including those who protested the segregation of golf courses, swimming pools, and public facilities; students arrested for sit-ins at the Webb City lunch counter; and sanitation workers in their labor strikes.

Also featured is James B. Sanderlin who made his mark in the areas of education and government. He filed the original federal lawsuit that desegregated Pinellas County schools for students and also advocated for desegregating teaching staffs. Representing African-American policemen in a suit against the City of St. Petersburg, Sanderlin and his associates brought what was considered to be the first case in the country involving the Title VII of the Civil Rights Act of 1964. He also fought against discriminatory zoning practices by the City of St. Petersburg. In 1972, James B. Sanderlin became Pinellas County’s first African-American county judge. In 1976, he became the first African-American circuit judge in Pinellas County. Governor Bob Graham appointed Judge Sanderlin to the Second District Court of Appeal in 1985. Sanderlin was the first African-American to serve on this court as well.

C. Bette Wimbish, the first African-American female attorney in Pinellas

County (and third in the State of Florida), is also featured in A Legacy of Courage, Vision & Hope. Wimbish graduated from the Florida Agricultural & Mechanical University College of Law and began her legal career at the firm of Minnis and Williams. The daily struggles faced by African Americans led Wimbish to become involved in her community. In 1969, she became the first African American elected to the St. Petersburg City Council. She served as Vice Mayor from 1971 to 1973. In 1974, Wimbish was appointed deputy commerce secretary by Governor Reubin Askew.

Another associate with the firm of Minnis and Williams, Morris W. Milton, Sr., is also featured in the exhibit. Milton was the founder of the Democratic Black Caucus of Florida. He also served as president of the St. Petersburg branch of the NAACP. He was known for working pro bono for hundreds of clients. He is credited with leading the effort to create single-member election districts, the system that allowed candidates to be elected from their own district rather than from the community at large.

A Legacy of Courage, Vision & Hope includes a number of other pioneers in the legal community. In addition to the physical display, throughout the exhibit’s history, a number of additions have enhanced the overall presentation. Live presentations have accompanied a number of exhibit openings including presentations by exhibit collaborator, Dr. Ray Arsenault, John Hope Franklin Professor of Southern History at the University of South Florida; Dorothea Beane, Stetson University College of Law Professor; and State Representative Darryl Rouson. Tours have been organized by the Diversity Committee and the Young Lawyers. Additionally, the Fred G. Minnis, Sr. Bar Foundation sponsored exhibit

By Jeannine S. Williams

A Legacy of Courage, Vision & Hope

brochures so that members of the public could take a piece of history home. The take home pieces further implement the goal of increasing the number of students who pursue careers in the legal profession as the students have a visual reminder of the possibilities available to them.

The Foundation plans to continue to bring awareness to this rich history and provide brochures, tours, and presentations for many years to come. Currently the exhibit is on display at StetsonUniversity College of Law. Anyone interested in housing A Legacy of Courage, Vision & Hope on a temporary or permanent basis should contact Chip Collins, the St. Petersburg Bar Foundation’s Executive Director, at 727-823-7474 or e-mail [email protected].

Jeannine Williams is a past president of the St. Petersburg Bar Association. She currently serves on The Board of Trustees of the St. Petersburg Bar Foundation. She has been an Assistant City Attorney with the City of St. Petersburg for more than 10 years. She is Board Certified by The Florida Bar in City, County, and Local Government Law.



The Razor Never Dulls:Allen P. Allweiss

Allen P. Allweiss celebrated his 51st anniversary as a member of the Bar this past November.

In 1935, Allen was born in the Brownsville neighborhood of Brooklyn, New York. His father, who was extremely intelligent, was of Austrian descent; his mother emigrated from Russia with her mother in 1908. (Allen’s former middle name was Ivan, which he later legally changed to Paul.) His mother, who was a singer and a violinist, was tough as nails. Allen’s life was centered on his home block, where mainly Italians and Jews lived. The neighborhood was closely knit as all the mothers on the block watched over each other’s children and there was hardly any known crime in the neighborhood. Allen walked to school and enjoyed playing stickball on the street with other neighborhood children.

In 1946, Allen’s parents moved the family to Spring Valley, New York, which is about 20 miles north of Manhattan, to improve the family’s health and environment. Spring Valley was mainly a rural, clean area with about 4,300 persons who lived in the village. Allen attended high school in Spring Valley and then went to Lehigh University in Bethlehem, Pennsylvania to study industrial engineering. He later changed his major and graduated with a B.S. degree in business administration with a major in accounting. Allen played football and lacrosse during high school and college. By this time, his family had moved to Coral Gables, Florida. Thus, Allen decided to attend law school at the University of Miami in Coral Gables, which he started in 1957. He held a full-time job to cover all his expenses as his father was stricken with a heart attack in 1953 at the young age of 45 and had limited financial resources.

During the summers, Allen continued working full time and held many diverse and dangerous jobs, such as drilling and blasting in the lead, zinc, silver, and gold

mines 4000 feet below ground level, working on the railroad, and driving cranes and bulldozers in New York City. He also worked behind a desk as an accountant for a small company in Miami. The owner of the small company was also one of the founders of the AARP. Allen was employed for this company during his three years of law school. In 1958, while he was on the job, he met his wife, Helene. They married in 1959 and had their first child, Robin, in August 1960.

In December 1960, Allen and his family moved to St. Petersburg. He started his private legal practice and worked for a developer in the area of collections and contracts. He then branched out and became an assistant city attorney for St. Petersburg. He defended personal injury cases for the city and was the city prosecutor for one year. Then, he learned that Robert “Bob” Jagger, the public defender, did not have any assistant public defenders. Therefore, he became the first assistant public defender in Bob Jagger’s office for Pinellas County. However, Allen worked

pro bono, since Bob did not have any available funds. After the Gideon decision, Bob’s caseload increased tremendously as Gideon constitutionally entitled indigent criminal defendants to legal counsel at the government’s expense. Thus, the county commission began paying Allen about $6,500 annually as a public defender.

In July 1963, Clair Davis, who was the county’s state attorney, had heard about Allen’s excellent reputation as an assistant public defender and invited him to join his office, which Allen did. Since Allen’s work as a public defender and a state attorney was only part time, he continued to maintain his private law practice.

It was also around this time that Judge John Bird had instituted a new type of sentence in criminal cases in Pinellas County. For many first time offenders, a defendant had the ability to have the adjudication of guilt withheld. Thus, there was no formal conviction. This practice eventually was accepted statewide and continues today.

In 1965, Allen teamed up with state attorney Richard “Dick” Mensh and handled about 125 prosecutions. They became known as the “1-2-3 Team.” Allen stayed with the state attorney’s office until 1968 and returned to his full-time private practice. Also, in 1968, his wife gave birth to another daughter, Kim.

In 1969, Clair Davis died and Allen’s law partner, James “Jimmy” Russell, became the new state attorney. Allen returned as a state attorney in 1969 and stayed with the office until 1973 as the executive assistant state attorney. Dick Mensh was now the chief assistant and he and Allen managed the office under Jimmy. At Allen’s retirement party in 1973, since Allen was known to have a sharp tongue in court, the staff gave him a plaque with a razor on it, which is still mounted on the wall in his office.

By Charles M. Samaha


Allen returned to his full-time private practice handling personal injury and criminal defense cases. He had a very successful practice due to the amount of positive publicity he had received as a prosecutor. Allen defended many ‘possession of marijuana’ cases and stayed in private practice until 1979. Jimmy rehired Allen to the state attorney’s office to work in the organized crime cases unit. Allen worked in conjunction with the FBI and IRS on some cases and, through his office, cleared many crime-ridden areas around the city. He stayed with the unit for three years.

One of the more interesting cases he investigated was Scientology as a criminal enterprise under Florida’s RICO statute. He traveled around the country, such as to Las Vegas, Chicago, and Boston, during his fact-finding mission. Allen wanted to prosecute the organization, but encountered much resistance.

In 1982, Allen returned to his private practice and criminal defense. The drug of choice had now transitioned from marijuana to cocaine and he defended

many of these types of cases. In 1983, a former client shot Allen several times outside his office. Allen recalled that day, “That was a lucky day to have been shot four times at point blank range and to have survived. It made me a stronger person and made me realize how important my family was to me. I guess God was looking over my shoulder that day.”

In 1988, Allen returned to full-time work at Jimmy’s state attorney’s office and oversaw the Pasco County office and the misdemeanor office of Pinellas County. He tried a backlog of about 20 capital cases. From those cases, 10 defendants received the death penalty. Two of the defendants were serial killers.

After three years at the state attorney’s office, Allen received a job offer from his former law partner in the 1960s, Roy Speer, who was one of the founders of the Home Shopping Network (HSN). Roy was familiar with Allen’s accounting background and needed someone with Allen’s overall experience at HSN. He was hired as the executive vice president of operations and also served as general

counsel. There were several HSN offices throughout the county with about 6,500 employees and Allen analyzed the budget and implemented savings for the company. However, the working relationship between Roy and Allen deteriorated and ended in a lawsuit with a confidential settlement.

In 1993, Allen and his son, Michael, formed the firm Allweiss & Allweiss, which continues today. Allen practices personal injury and criminal defense cases. Michael has a niche representing injured persons involved in power boat racing incidents, a sport he learned about during Allen’s days as a power boat racer.

Allen enjoys bicycling, kayaking, hiking and snow-skiing. He owns a second home in Breckenridge, Colorado, where he and his family, and five grandchildren partake in their favorite winter sports.

Hats off to you, Allen Allweiss, for your commitment to your profession and the community!

by Charles M. Samaha, © 2012, all rights reserved.

Many readers may know that Florida stockbrokers have a fiduciary duty to their clients

and this means that your broker has to put clients’ interests before their own.1 But what many investors may not know is that their tax returns may contain strong clues that their stockbroker may have done them wrong. Now, to be fair, most stockbrokers and brokerage firms are legitimate and do put their clients’ interests first. My practice deals with the many unfortunate victims of those stockbrokers who are either ‘bad’ or just negligent. Hopefully you (and your clients) do not fall into the category of investor who needs to figure out how to recover stock losses. Nonetheless, it may be helpful for you to know the clues of potential stockbroker wrongdoing that may be lurking on your tax returns.

Once your tax return is completed you may want to spend a few minutes glancing at some of the schedules to your tax return. Some things you should look for include:

1. IRS Form 1040 Schedule A – Itemized Deductions. Does your Schedule A include large numbers under “Investment Interest” on line 14? A large amount of investment interest means that your account was heavily leveraged resulting in your paying significant margin, or “investment,” interest. Remember that for every dollar you pay in investment interest means that you have to have that much better investment performance just to break-even on your investments. A margin loan means that all assets in that account (and sometimes other accounts) are at great risk in a market swoon. If the markets start to decline and the value of your portfolio decreases, your brokerage firm has the right to sell anything or everything from your account without even discussing it with you first to protect itself from losing money on the loan it gave to you. Often after you have been ‘sold out’ the market recovers and your portfolio has been largely sold to pay off the loan

leaving you in a really bad spot.

2. IRS Form 1040 Schedule B – Interest and Ordinary Dividends. Schedule “B” is generated from a Form 1099-DIV you receive from your brokerage firm. Does the amount of your dividends seem much smaller than last year or have you noticed that your dividend checks have substantially shrunk? If so, this may be an indication that your broker invested your assets in risky REITS, Exchange Traded Funds (“ETF”), and other illiquid private placements that were sold to you as dividend producing, safe investments. If you see a marked decrease in dividend income on your 1099-DIV or Schedule “B” you may have recourse against your brokerage firm and stockbroker for their negligence in recommending your investment in such illiquid and risky investments.

3. IRS Form 1040 Schedule D – Capital Gains and Losses. What does your Schedule “D” reveal? If it shows significant losses consider why – it may not just ‘be the market’ in every case. Think about what you told your broker about your risk tolerance and investment objectives. If you are a relatively low-risk tolerant investor these big losses may be trying to tell you that your account was not properly allocated to diversify away the wild swings that accompany a concentrated portfolio in a volatile market.

4. Annual Activity Report. Most reputable brokerage firms send an annual statement that recaps the account activity for the year. Look at your annual statement and the number of buy and sell trades in your account. Does it seem like a great deal of trading buy and sell transactions? Did your broker not discuss each individual trade with you before the trades were made? If you have significant losses along with many transactions it may well be that your account losses could be recovered from your brokerage firm.

5. Commissions and Fees – Churning or Excessive Commissions? How much did you pay in commissions/transaction fees? Your brokerage firm should list this on their annual statement but if not, call your broker and ask for a summary of all commissions and fees. A portion of commissions may be deductible (see your accountant about the details) but large commissions for a tax year warrant a closer look at the account. One issue may be that your account was actively and inappropriately traded. Such active trading is known as ‘churning’ and results from a broker trading simply to generate commissions or trading to get out of a bad situation your broker created in your account. Large commissions are often coupled with large losses.

These and other clues can help you quickly determine if you should find a lawyer familiar with investment loss claims to review your account. Your tax documents are a simple way of alerting yourself to potential problems in your brokerage account.

Don’t be shy about asking your CPA if he or she notices anything unusual about your tax returns and schedules – it may help you recover losses due to your stockbroker’s failure to properly invest your assets.

Robert Savage’ of the The Savage Law Firm, P.A. in Tampa focuses primarily on representing investors against broker/dealers. Mr. Savage is a past NASD (now FINRA) examiner in the NYC office and has worked as in-house counsel at brokerage firms until 2002 when he began to exclusively represent investors. He is also an Assistant Clinical Professor of Law and the founding director of the Investor Advocacy Clinic at Florida International University College of Law in Miami. He can be contacted at [email protected] or [email protected].

By Robert K. Savage


1 Gochnauer v. A.G. Edwards & Sons, Inc., 810 F.2d 1042 (11th Cir. 1987).

Are Your Tax Returns Trying to Tell You Something? What your year end investment documents can tell you about your stockbroker or investment advisor


Who Has the Right to Privacy on Facebook: You or Your Child?

By Carin M. Constantine

We all know the things not to discuss at the dinner table: politics, religion, and the need

for raising/lowering taxes; but now we can add kids’ pictures on Facebook. It seems, as I recently learned, this causes a lively debate as we don’t all see it the same way. Lawyers, judges, and law enforcement look at Facebook with a much more jaundiced eye as our neighbors do. Most people still consider baby pictures complete with full names, dates of birth, weight, inches, etc….as nothing more than a simple birth announcement that went out to all family and friends at the touch of a finger. Most people still see the picture of the little boy catching a baseball as it was intended; a heartwarming reminder of what we hold dear as Americans. Others, mostly those who are actively involved in litigating nasty “custody” cases, see it as a fight between mom and dad, and sometimes grandma(s) who post exactly what they want to, when they want to, and how they want to; Thank you very much. After all, it is their grandchild, right? Who gets to tell them not to?

Where does the child’s right to privacy start? Where does it end? Does a child have a right to privacy if it is the parent posting the pictures and vital statistics? After all, everyone who has a Facebook account knows that anyone over 30 is posting pictures of either their children or pets every single day. I have literally watched some of my cousins grow up on Facebook. Sad? Not at all. I am happy to see those beautiful faces on my screen every morning. Should we call, write, travel more? Probably. Should we stop putting our children’s images on the Internet? Maybe. But, are we violating the child’s rights? Who knows for sure?

Do we even understand what Facebook is, or what it will be when that little boy in the bathtub with the shampoo “Mohawk” is applying to college in 10 years? In 2004, when this permanent ‘fad’ started, by that kid at Harvard, could anyone have ever foreseen

that a website that granted access only to members belonging to recognized academic institutions and other organizations in America, Canada and other English-speaking countries as long as they could provide a valid email I.D. associated with their institutions would evolve into a meeting place where the Millennial Generation could ‘converse’ with their grandparents over the Internet via an iPad and “check in” with their parents via their Blackberry, or as Facebook itself points out, “Let people know where you’ve been, where you’re headed and where you are now.” From your computer!

There are certainly very different degrees of “privacy” that are implicated, but this article can only skim the surface. Facebook allows any child over 13 to create their own Facebook page, and post pictures, even without parental consent. According to the Facebook Help Center, which is available on the Internet to parents, without having to create a Facebook page of their own, children 13 and over can only share posts like photos and status updates with friends of their friends, while adults can share posts with a maximum of everyone by posting as public. But, we also know as adults, that our children can have 500 friends in less than a month, and they probably have never met. (These are the children, after all, that ran up your cell phone bill by texting 3,000 times in a month before you heard about the unlimited plan). It all depends on whether Brittany likes Stephanie’s hair extensions, and whether Nicole likes Christy’s cheerleading ethics. It’s all very high school, mainly because; it’s all very High School, for real.

If we, as a society, have no clear rules or definitions, or even a general consensus of what is and is not appropriate to post about our children, (forget what they post) we must then look to the courts if the parents cannot agree or if there is criminal activity. Recently, most of America was shocked to read the story of a man who was ‘devastated’, according to his attorney, after pictures

‘went viral’ after being posted on Facebook. These are pictures that he took, downloaded, and posted, that showed his daughter with painter’s tape over her mouth and binding on her wrists and ankles. Above the photo on Andre Curry’s Facebook page were the words, “This is wut happens wen my baby hits me back. ;)”. Curry, 21, is charged with aggravated domestic battery, which is a felony according to Chicago Police. His attorneys are careful to point out, and we should be cautious and heed the warning, that he is innocent until he is proven guilty, and that a news ‘capsule” cannot possibly capture the entire story. But, for the purposes of this article, it proves the point: What you post in a second is out there forever. The child had no say in the matter, and she is the one exposed.

The Facebook page appears to have been taken down in the Chicago case, but the image was picked up by other websites. The Cook County State’s Attorney’s Office also told CNN that the caption was with the photo on Curry’s Facebook page. For those not “in the know”, this means it could have been his Profile Picture, and that, my friends, is a big problem, as sites like Google Images mines Facebook Profile Pictures for Images to stock its very popular Google Images site 24 hours a day, 7 days week. This picture of a gagged and bound toddler will forever be available on the Internet, on a Cloud, on a server, on someone’s hard drive, hanging out there somewhere in Facebook Land just waiting to be retrieved. Remember, a name was attached. Even though the Facebook post was taken down, the picture itself remains in eternity. We hope it never resurfaces, but in our hearts, we know it will.

What about the Mom and Dad who took pictures together of the child when they were once a big happy family and both parents posted the cute little girl’s pictures on Facebook for the entire world to see? Is that ok? What about when Mom and Dad get divorced, and now think the child should

not be “exploited” by the other parent? What about when Dad’s new girlfriend takes a sweet picture of herself and the child and makes it her profile picture on Facebook and calls this child her “daughter’? What if a stepmother posts a card written to her by an 8 year old that calls her “my favorite Mom” on Facebook, or worse, takes a picture of it and makes it her Profile Picture, for the more than 800 million active users to see? Does the Mother have a right to put a stop to this? Is posting the child’s image a violation of her constitutional right to privacy? What about the child’s words, written in a card that she, at 8, probably could not comprehend would be put on the internet by an adult. What about the damage that the image will do to the nuclear family? Who deals with that? The biological parents? A therapist? The Judge? Where does it end?

In Utopia, these would all be silly questions, but, in reality, the Family and Criminal Law practioner must deal with these issues daily, sometimes more than once a day. It is up to the lawyers and judges to mold and sculpt Orders in each and every individual case that will protect the children and still allow parents the rights to enjoy their children, and share, privately, pictures of the family. Of course, the State Courts have no jurisdiction over third parties, so here does that leave us? What if the new Step-Mother simply sees it as her right to post pictures of the children that she bathes, feeds, and puts to bed? Guidance for lawyers and judges is hard to come by. Privacy issues in divorce or “custody” cases in civil courts are covered by the idea the renowned tort expert Dean

Prosser who argued that “privacy” was composed of four separate torts, the only unifying element of which was a “right to be left alone.” Prosser explained it as

1. appropriating the plaintiff’s identity for the defendant’s benefit

2. placing the plaintiff in a false light in the public eye

3. publicly disclosing private facts about the plaintiff

4. unreasonably intruding upon the seclusion or solitude of the plaintiff

Fastcase did not provide any cases that addressed this particular issue and none of the ‘right to privacy” cases were on point. There are Federal cases regarding the Right to Privacy concerning Facebook, but these are all dealing with adults, suing adults (albeit mostly college students). Three non-appellate courts in Pennsylvania have now decided that, if a party in a civil case posts information on his or her Facebook page and that information appears to contradict statements in discovery or testimony, then the party’s Facebook page falls within the scope of discovery. This is of course, aimed at adults, but what if the parents posted comments about a child’s injuries?

While there seem to be some Courts deciding, willingly or not, these difficult and thorny issues about whether a minor child’s likeness and name can be publicized on Social Media, we have no such binding law in the Second DCA. As a practical

matter, I have seen judges accept the Order when lawyers enter into stipulations where the parties agree to either take down all Facebook and other Social Media pages, or they stipulate not to use the child’s image, name or vital statistics. The stipulations are enforceable by contempt. This does require monitoring by the attorney, but that may be the Band-Aid that keeps the blood from flowing too fast until the appellate courts have an opportunity to give the lower courts guidance.

This is certainly an open-ended question with no easy answers that cannot conceivably be covered in depth in such a short article. My intent is to start the attorney and judge thinking; about where we are, and where we are going. What should we do now to protect our children in the years to come?

Carin Manders Constantine is the sole shareholder of The Law Offices of Carin M. Constantine where she practices Marital & Family Law, Landlord/Tenant Law and general Business Law. Carin is actively involved in volunteering her time to The Community Law Program, and Hands Across the Bay. Carin has been a member of the St. Petersburg Bar Association for 5 years, and is a past Associate Editor of the Paraclete. Among the numerous honors Carin has received, she is most proud of receiving the 2011 “Rock” Award: The Honorable Thomas E. Penick, Jr. Award for Community Service from The Barney Masterson Inns of Court and being recipient of the 2009 YLD Pro Bono Award given by the Supreme Court of Florida.



The leadership of The Florida Bar diligently prepares for every legislative session by developing not only a legislative strategy,

but a comprehensive communications plan so that Florida Bar members are made aware of important legislative issues affecting the administration of justice as they may arise.

The Florida Bar carefully reviews all pre-filed bills and shares relevant information regarding those measures on the Bar’s website with leaders of any affected Bar sections and committees, as well as our full membership and the public at large.

In addition, your Florida Bar leadership is committed to providing as up-to-date and comprehensive legislative communications to our members as possible. In that regard, beginning Friday, January 13, and continuing each of the following Fridays during the legislative session, the Bar will post at www.floridabar.org/2012legislativesession an update outlining the progress of any bill that implicates The Florida Bar’s legislative platform. Each weekly update will summarize what the Bar has done during the week. This 2012 Legislative Session webpage will be linked from the homepage, and you may bookmark the direct link or add it to your favorites.

To place these matters in context, it is also

important to outline for you the restrictions and parameters on The Florida Bar with regard to its legislative activities. We are a unified bar with mandatory membership requirements.

United States Supreme Court case law and well-established First Amendment principles restrict the legislative issues about which The Florida Bar may lobby to those core topics regarding the regulation and discipline of attorneys; matters relating to the improvement of the functioning of the courts; judicial efficacy and efficiency; increasing the availability of legal services to society; lawyers’ trust accounts; and the education, ethics, competence, integrity, and regulation of the legal profession.

Additional Bar advocacy is allowable if an issue is recognized as being of great public interest; lawyers are especially suited by their training and experience to evaluate and explain the matter; and the topic affects the rights of those likely to come into contact with the judicial system.

Hence, Florida Bar leadership and those lobbyists who represent this organization will not and cannot lobby for or against issues that are either outside the purview of our constitutional authority or that are not part of the Bar’s official legislative platform. Bar committees are similarly bound.

However, the Bar’s sections — operating in their own name and with their own voluntary dues — have more flexibility in their ability to lobby regarding political issues. But since these sections are still a part of The Florida Bar, they nevertheless have certain limitations on their legislative advocacy (i.e., sections may not lobby for issues that are outside their subject matter jurisdiction, are contrary to any position of the Bar, or which are unduly divisive).

Please understand, however, that these restrictions do not interfere with an individual member’s right to lobby for or against any legislative issue. Similarly, voluntary bar organizations that are not formally affiliated with The Florida Bar are not subject to the same advocacy restrictions that apply to The Florida Bar.

The Florida Bar’s legislative positions — which have been formally approved by the Board of Governors — as well as talking points on key issues, links to bills and to legislators, and other valuable information can also be found at www.floridabar.org/2012legislativesession.

Thank you for your interest in The Florida Bar’s legislative process and for your understanding of the principles that will be guiding your professional organization in the upcoming legislative session.

By Scott G. Hawkins, President

The Florida Bar:Our Plans for the 2012 Session


Discharging Marital Debt in Bankruptcy

First comes love, then comes marriage, then comes, unfortunately for many couples, consultations with divorce

attorneys. During divorce proceedings, bankruptcy issues frequently arise. After the 2005 changes to the Bankruptcy Code, martial support debts such as child-support or alimony (referred to as “domestic support obligations” or “DSOs” under the Bankruptcy Code) are nondischargeable in bankruptcy, regardless of whether the obligor files a Chapter 7 or Chapter 13 bankruptcy.1 But what is less well known, and often a question we receive from divorce attorneys, is that martial debt may also be dischargeable under 11 U.S.C. § 523(a)(15). This issue must be carefully considered by the practitioner at the time of a settlement agreement or final decree, especially if it is anticipated that the obligor-spouse may file bankruptcy.

It is important to recognize that a bankruptcy discharge will relieve the obligor spouse from an obligation to pay the creditor. The creditor subject to the discharge is barred under 11 U.S.C. § 727 from pursing collection of the debt. However, if the debt owed to the creditor was a joint debt or debt in the name of the other spouse, failing to pay the debt may constitute a breach of the parties’ settlement agreement or divorce decree.

The starting point in the analysis is whether the debtor filed a Chapter 7 or a Chapter 13 bankruptcy. In order for a debt to be nondischargeable under Section 523(a)(15) of the Bankruptcy Code, three (3) elements must be satisfied: 1) the debt must be to a spouse, former spouse, or child of the debtor; 2) the debt must not be of the type described in section 523(a)(5) of the Bankruptcy Code [in other words, not a DSO]; and 3) the debt must have been incurred in the course of a divorce or separation or in connection

with a separation agreement, divorce decree, or order of a court. However, Section 523(a)(15) applies only to Chapter 7 bankruptcies and does not apply to Chapter 13 bankruptcies.2 Therefore, non-DSO obligations may be discharged as to both the creditor and the ex-spouse in a Chapter 13 bankruptcy.

In addition, it is not uncommon for a divorce decree or settlement agreement to include hold harmless provisions. These provisions create a new liability as between the parties separate from the liability to the creditor. An example of a hold harmless clause is: “the party responsible for the debt will indemnify the other party and hold him or her harmless for the debt.” In our experience, divorce attorneys frequently offer to include this language in a settlement agreement to add perceived “protection” from the other spouse’s potential bankruptcy. However, clients must be cautioned that this provision is not always enforceable in bankruptcy and the obligation could still be discharged.

For example, if the obligation underlying the hold harmless provision is a DSO, such as medical expenses or health insurance, then the obligation would not be discharged under Section 523(a)(5). Also, an obligation to pay a mortgage could be considered a DSO and a bankruptcy court will look beyond the labels in the decree or settlement agreement to determine the intent of the judge or parties when ordering the payment. In contrast, if the debt is not for support, such as a credit card debt, the debt will be nondischargeable in Chapter 7 cases under Section 523(a)(15), but will be dischargeable in a Chapter 13 case despite the inclusion of the hold harmless provision in the divorce document.

A bankruptcy filing by a former spouse that owes divorce related debt creates a

maze of issues which must be analyzed in order to determine the appropriate action by the non-debtor former spouse. If the debt is a DSO, then the debt will be nondischargable, regardless of what chapter of the Bankruptcy Code the debtor filed under. If the debt is not a DSO, the next question to answer is whether a Chapter 7 or Chapter 13 case was filed. If the case is a Chapter 7, the debt is nondischargable if it meets the elements of Section 523(a)(15). In addition, a hold harmless provision creates a new obligation between the former spouses that will also be nondischargable in a Chapter 7. A Chapter 13 filing changes the analysis. A non-DSO obligation is dischargeable in a Chapter 13 case and the hold harmless provision is discharged as well.

A practitioner advising divorce clients and drafting proposed decrees and settlement agreements should advise the client of the risk that a bankruptcy filing could negatively impact them, despite what was agreed or ordered in the divorce documents. The practitioner should also carefully draft the divorce documents to include clear language setting forth the basis for the debt as in the nature of support which is always nondischargeable.

Happy Valentine’s Day!

Iurillo & Associates, P.A., located in downtown St. Petersburg, is comprised of Camille J. Iurillo, Shareholder, Gina M. Pellegrino, Associate, and Sabrina C. Beavens, Associate. The primary areas of practice of Iurillo & Associates, P.A. are Commercial and Bankruptcy Litigation, Debtors’ and Creditors’ Rights, and Foreclosures/Workouts.

1 See 11 U.S.C. § 523(a)(5).

2 See 11 U.S.C. § 1328(a)(2).

By Camille J. Iurillo and Sabrina C. Beavens


What a major change in my life. After 23 years of representing clients, I had the good fortune to

serve as a circuit judge for 19 years. Now that I am retired, I average spending about two days per week as a civil and family mediator. The transition from advocate to decision-maker to facilitator is a marvel.

The past year as a mediator led me to some observations. Primarily, our process allows the parties to determine the outcome. This is preferable to courtroom advocacy or having a stranger decide the case. Parties do not have to abide by cumbersome court and evidentiary rule. Perhaps most importantly, the chances of putting a case to rest once and for all are much better with mediation than trial; no need for appeals or additional wear and tear on the mind, spirit and wallet. In mediation, there does not have to be a winner or loser. A reasonable “fair” resolution may not punish the other side, but there is a premium on having it over.

In presiding over court cases I have the belief that the judge must be patient. Patience is also a necessary virtue for mediation. I could not believe at first how much patience is required. The parties in a family case, for example, seem to need to spend the first two hours looking into the rearview mirror of their marriage. Once the parties get the past out of their systems and start looking forward into the front windshield, progress begins. What might take an hour in court may take two or three hours in mediation. But that’s not wrong. By allowing the parties to “spew,” they become emotionally ready to resolve. It is too bad we don’t have a “spew” rule in court to accomplish getting past emotional hurdles.

These same emotions run true in civil cases. As long as lawyers don’t aggravate and promote these feelings, the wise party can come to grips with the reality of settlement.

Mediation is a non confrontational negotiation process as opposed to litigation.

It is my observation that successful mediation, like litigation, requires the lawyer to wear the proper “face.” In litigation, game faces are worn. In mediation, it is so helpful for the lawyers to be part of the solution. I’ve seen too many mediations fall apart over lawyers drawing lines in the sand; making negative comments about opposing parties; not having a goal of accomplishment. In mediation, parties and lawyers can catch more flies with honey than with vinegar. Those who come to mediation to fight leave the mediation with a worse fight on their hands. And those who come without their swords leave with a reasonable settlement. This is one place where nice works and contention fails.

Mediation works. In today’s economy litigation may not make sense. How can most people litigate through trial and appeals? Most experienced lawyers have a pretty good idea of the ultimate case outcome. They should use that knowledge to negotiate the best outcome in the self-determination mediation process.

From Judging to Mediation

By John C. Lenderman, Senior Circuit Court Judge

Community Champions

Over 80 third graders at Sandy Lane Elementary School in Clearwater received an early Christmas present

courtesy of the Clearwater personal injury law firm Perenich, Caulfield, Avril & Noyes, P.A.’s “Read & Play” project. On December 6th, members of the law firm presented each third grader with a ball and a book to enjoy during the Christmas break as part of the law firm’s “Read & Play” community project.

This is the third community event that the attorneys and staff at Perenich, Caulfield, Avril & Noyes, P.A. have done. Each event

focuses on brightening local kids lives. Last year, the firm gave away a new pair of pajamas and a book in their “PJ Project” and over the summer, the staff and attorneys rented out a movie theatre for the Big Brothers/Big Sisters program for the “bigs” and “littles” to enjoy.

“Our ‘Read and Play’ project brought our staff together and gives us an opportunity to give back to the community we have been in since 1955,” say Attorney Matthew Noyes, partner with the law firm of Perenich, Caulfield, Avril & Noyes, P.A. Throughout the year, the staff collected the money for the

“Read and Play” project through events such as dress-out days, car washes, and a stuff-the-pumpkin contest. “It has been very enjoyable to participate in team-building activities which ultimately benefits kids in need,” say Linda Abbott, a legal assistant at the firm.

The partners of Perenich, Caulfield, Avril & Noyes, P.A. hope that by giving back to the community, the community will see some of the good that lawyers do for their neighbors.

The Florida Bar recognized 21 lawyers for their work on behalf of poor and indigent clients at a January 26, 2012

ceremony at the Supreme Court of Florida.

In 2010-11, Florida lawyers provided 1.6 million hours of pro bono services to those in need and $4.8 million to legal aid organizations.

The Florida Bar President’s Pro Bono Service Awards were established in 1981. They are intended to encourage lawyers to volunteer free legal services to the poor by recognizing those who make public service commitments and to raise public awareness of the substantial volunteer services provided by Florida lawyers to those who cannot afford legal fees. President Scott G. Hawkins, of West Palm Beach, presented the 2012 awards.

The awards recognize pro bono service in each of Florida’s 20 judicial circuits and one Florida Bar member practicing outside the state of Florida. They are presented annually

in conjunction with the Tobias Simon Pro Bono Service Award, which is given by the chief justice of the Supreme Court of Florida. Awards recognizing pro bono contributions were also presented for Distinguished Judicial Service, Law Firm Commendation, Voluntary Bar Association and Young Lawyer during the January 26th ceremony.

The recipient for the Sixth Judicial Circuit is Myriam Irizarry. Myriam is chief deputy and general counsel to the Clerk of the Circuit Court for Pinellas County. Her principal roles entail overall compliance and adherence to rules and statutes that govern the work including legal matters involving the civil, criminal, probate, traffic and juvenile areas. Pro bono service is a priority for Irizarry. When in private practice, she handled civil, family, and landlord/tenant cases through a legal aid program. Because Irizarry is bi-lingual, she is able to provide legal counsel to the Spanish-speaking community in Pinellas County. She volunteers at the Hispanic Outreach Center conducting workshops on such topics as tenant rights, landlord obligations and family matters.

Congratulations Myriam from the St. Petersburg Bar Association!

Visit http://flabar.org and click on News & Events to read more about these awards.


21 Florida Lawyers to Receive Pro Bono Awards

Getting one DUI may be a matter of bad luck. However, getting two DUIs within five years of each other

may be a symptom of a bigger problem.

By Statute, Florida Law requires that a person convicted of two DUIs within five years of each other spend a minimum of 10 days in jail. Florida Statute § 316.193(6)(b). However, the law allows that in lieu of 10 days in jail, the defendant can spend 10 days in a residential treatment facility. Florida Statute § 316.193(6)(k).

The idea is great. It saves the taxpayers the expense of housing and feeding a person for 10 days in our local jail. More importantly, as a society we want to encourage people with addiction issues to get help for their problem. The question is, does 10 days of residential treatment do any good?

For a person struggling with alcohol addiction it is not reasonably expected that they be cured in 10 days. The standard for residential treatment is 28 days. And anyone who has been through the process knows that is just the start. But 10 days does have a value. It may be a start, an introduction to sobriety. It may be an awakening to the problem and a first step in a 12 step program.

According to Robin Piper and Turning Point of Tampa, the clinical aim is “at a recognition of the impact of alcohol on a person’s life.” When a person is looking at doing 10 days in jail, there is some pressure and it may be the point where things begin to change. There have been people that come to Turning Point just to satisfy the legal requirements of the court but the

program then became a gateway to more treatment.

Punishment rarely is effective in treating addictions. And ten days in treatment is not expected to be a miracle cure for a long term addiction. But it can be an opportunity for someone not ready to commit to a longer program to start on the road to recovery. Operation PAR in Pinellas County and Turning Point in Hillsborough County are both outstanding treatment facilities that offer 10 day programs in addition to longer term treatment.

Bruce Denson is a criminal defense attorney in St. Petersburg, Florida working with clients on a wide variety of addiction issues and the effect on their life and impact on others. We handle DUI cases with an eye on long-term solutions.


10 Day Residential Rehab

By Bruce H. Denson


Christopher Pietruszkiewicz has been named the new dean of Stetson University College of Law

in Tampa Bay, Fla. Pietruszkiewicz joins Stetson from the LSU Law Center at Louisiana State University, where he serves as vice chancellor for business and financial affairs and as the J.Y. Sanders Professor of Law. Pietruszkiewicz will start at Stetson this summer.

“I am delighted to join the College of Law with a fantastic faculty that is committed to creating an educational environment where students learn both inside and outside of the classroom,” said Pietruszkiewicz. “I look forward to working with a dedicated staff to advance Stetson’s educational mission and with a student body that will become lawyers and leaders, benefiting the profession and society. I am enthusiastic to work with President Wendy Libby, Provost Beth Paul, and Stetson’s vibrant alumni community to advance the College of Law’s national prominence in legal education.”

Pietruszkiewicz was selected following a national search led by a committee of faculty, administrators, students, alumni, overseers and trustees, chaired by Stetson Provost and Vice President for Academic Affairs Elizabeth “Beth” Paul and Professor of Law Michael Allen.

“Chris Pietruszkiewicz is recognized and respected nationally as a leader in legal education. I am confident that with his dynamic leadership, the Stetson University College of Law will continue to flourish as an excellent law school and earn

distinction as an exemplar of 21st century legal education,” said Provost Paul.

Pietruszkiewicz has served in many national leadership positions in legal education. He has held several roles for the American Bar Association’s Section of Taxation, and he currently serves on the board of trustees for the Law School Admission Council and the Southeastern Association of Law Schools, where he served as president from 2005 to 2006.

“We are excited to have Chris join our faculty as dean, and we are confident that he is the right person to lead Stetson University College of Law during this changing time in legal education,” said Professor Allen.

Stetson President Libby added, “We owe special thanks to the search committee and the members of the College of Law

community for their roles in identifying and attracting a new dean of Chris’s caliber to Stetson.”

Pietruszkiewicz co-authored the book Corporate Reorganizations and is currently working on another book on tax issues. He has published numerous law review articles, and frequently presents on tax law and legal education issues.

At Louisiana State University, Pietruszkiewicz was responsible for strategic planning, budgeting, financial planning and personnel matters, in addition to serving on a variety of committees. Earlier in his career, he worked as a trial attorney in the Tax Division of the U.S. Department of Justice and as an attorney/adviser in the U.S. Department of Education.

He earned a Master of Laws in Taxation from the Georgetown University Law Center, a law degree from the Loyola University New Orleans College of Law and a bachelor’s degree from the University of Scranton, Pennsylvania.

Stetson University College of Law is Florida’s first law school. It has educated lawyers for more than a century. The law school is located in the Gulfport/St. Petersburg area with a satellite campus in downtown Tampa. Stetson University’s historic campus, founded in 1883 in DeLand, is home to the College of Arts & Sciences, School of Business Administration, and School of Music. Stetson also has a satellite center in Celebration offering advanced degrees.

Stetson University Selects Christopher Pietruszkiewicz as College of Law Dean

February 2012M E M B E R A P P R E C I AT I O N R A F F L E W I N N E R

L e e R . C a r r , I I

Sponsored by

Bar and Court News

ASSOCIATION OF LEGAL ADMINISTRATORS – SUNCOAST CHAPTER

The Suncoast Chapter of the ALA meets on the second Wednesday of each month. However, the December Luncheon will be held on the first Wednesday. For more information please contact Eric Hinote at [email protected] or visit the ALA website at http://alasuncoast.org/ for more information.

There is no regular meeting during March. Watch the ALA.org website for information on their Annual Business Partner’s Appreciation event – Date and details to be announced.

PINELLAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (PACDL)

The PACDL monthly meetings are held the second Wednesday of each month. Locations vary, but are frequently at the Criminal Justice Center from 11:30 to 1:00 p.m. Lunch is typically provided. For more information on PACDL please contact Rebecca Hamilton for the location at [email protected] or 727-471-3555 or contact Seth Kerr at [email protected] or 727-772-1941. All attorneys are welcome to attend.

PINELLAS COUNTY CHAPTER OF THE FLORIDA ASSOCIATION FOR WOMEN LAWYERS - (PFAWL)

PFAWL meets on the 1st Tuesday of each month at 6:00 p.m. at different locations each month. There is no RSVP requirement. However, for any information on meetings please contact Joy Strickler at [email protected]. For membership information contact Kristine Feher at [email protected]. The next two meetings are:

Date/Time: Tuesday, March 6, 2012 – 6:00 p.m.Location: Island Way, 20 Island Way Clearwater, FL 33767Date/Time: Saturday, March 24, 2012 – Further details to be announced.Program: Second Annual St. Patrick’s Day Pub Crawl fundraiser to benefit a Stetson University College of Law scholarship.

PINELLAS COUNTY PARALEGALS

Monthly meetings for the Pinellas County Chapter of PAF, Inc. are on the second Tuesday of each month. Paralegals, student paralegals, non-members and attorneys are always welcome. For further information or to make reservations, please contact Crystal Siegel: [email protected] or Chrystal Lunsford. For more information on the local chapter contact Chrystal Lunsford at [email protected] or visit the Paralegal Association of Florida website at www.pafinc.org.

Date/Time: Tuesday, March 13, 2012 – 6:00 to 9:00 p.m.Program: To Be AnnouncedLocation: Antonio’s Pasta Grill 2755 Ulmerton Road Clearwater, FL 33762

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

Monthly meetings for SPALSS are held the first Tuesday of each month. However, some months are combined meetings. Calendar these future dates now: March 6 and April 3. Reservations are required. All legal support staff and attorneys are welcome too. Contact Susan Batchelder for more information at 727-502-8219

Date/Time: Tuesday, March 6, 2012 – 5:45 p.m.Program: Annual Recognition Banquet and Boss of the YearLocation: Orange Blossom Catering 220 4th Street North St. Petersburg 33701

February 2012



St. Petersburg Bar Foundation

The mission of the St. Petersburg Bar Foundation is to fund, develop and promote efforts which enhance the legal profession and encourage better public understanding and access to the judicial system.

By Gregory J. Hoag, Foundation President

During this past holiday season, the Foundation held its Inaugural Progressive Dinner, and we’re

very happy to report that the dinner party was a tremendous success! Some of you may be wondering ‘what is a progressive dinner?’ I too had the same question when the concept was first proposed during a fundraising meeting, and I came to learn that it is a party where each successive food course is eaten at a different host’s house with the guests progressing from house to house. Everyone begins at the first house with cocktails and appetizers, and the guests move en masse to the next house for the main dinner course. They then move on to the last home for desert. Generally, all homes are located in the same neighborhood or in close proximity

for ease of travel. When I first heard of a progressive dinner, I was intrigued because I thought it was a unique and innovative concept, and ‘something different’ from your typical dinner or holiday party. We were pleased to have nearly 70 people attend the dinner, and everyone seemed to really enjoy the evening. The food was delicious and plentiful. The weather was perfect. The homes were nicely decorated for the holidays. The views of the waterfront and golf course were beautiful. The guests socialized with piano music playing in the background. Just a great party! The cost per person was an affordably priced $60, and all proceeds benefited the Foundation. The Progressive Dinner could not have been possible without the generosity of a few bar members who hosted the party.

Emory Wood, Lucas Fleming and Sarah Williams graciously opened their homes to all guests and provided the food and drink at their own expense. The Foundation truly appreciates their generosity, and it is through their help that we were able to raise nearly $4,000 from the event. Based on the success of this event, the Foundation is in the process of planning another Progressive Dinner to be held in the springtime, so keep a lookout for details on this event. You won’t want to miss this party!

Another event that you won’t want to miss is the 2012 Evening with the Rays, which we recently scheduled for the game on Friday, July 13th versus the Boston Red Sox. Register early because tickets will go fast.

The Young Lawyers Section would like to once again congratulate the recipient of the Rising Star Award,

Kim Gustafson. Kim brilliantly chaired the Young Lawyers’ Section when I became a young lawyer and her strength in making the Section important has continued on. Congratulations Kim!

Young Lawyer Robyn Featherston and I attended the Affiliate Outreach Conference of the Young Lawyers Section of the Florida Bar. We were able to network with young lawyers around the state and understand the challenges our section is facing around the state. We were also able to discuss events in common and how we can make our membership even stronger.

The Young Lawyers Section is getting underway with 2012 events. Planning is underway for an Afternoon at the Courthouse, a New Day, and Law Day. If you are still interested in planning, please email me [email protected].

UPCOMING EVENTS:

• Young Lawyers Section Meetings are held the 3rd Wednesday of every month in various downtown St. Petersburg locations. Our meetings are a way to share information and network with other young lawyers. If you have a suggestion or favorite place you’d like us to consider for a meeting, please email me at [email protected].

•Mark your calendars for Thursday, February 23, 2012 for the Judicial Reception. Robyn Rusignuolo, a new addition to our section, will be chairing the event this year. Please join us at the Palladium for another fantastic event! Keep an eye out for the sponsorship flyer for this event.

• Join us on March 2, 2012 for our March Membership Luncheon! Scott Hawkins, President of the Florida Bar will be the featured speaker at the event. As a benefit of your membership in the St. Petersburg Bar Association, there is no cost for the luncheon.

We hope to see you at our Young Lawyer events!

By Kristina E. Feher


St. Petersburg Bar Foundation

Holiday Progressive Dinner

December 10, 2011

Special THANKS to our hosts!

Margaret & Emory Wood

Tara & Lucas Fleming

Sarah & Larry Williams

Special Thanks to Robyn Featherston for taking

pictures of the event!

by Elizabeth Porcelli

Community Law Program, Inc.is a non-profit corporation formed in 1989 by members of the St. Petersburg Bar Association concerned about the civil legal needs of low income residents of Southern Pinellas County, Florida. Over the years, CLP has recruited a panel of approximately 400 St. Petersburg area attorneys who provide free assistance to thousands of people in need of civil legal assistance each year. To volunteer for pro bono servive, contact Community Law Program at 727-582-7480.

On December 8th, Community Law Program held its 12th Annual Basket Challenge fundraiser at the

Mirror Lake Lyceum in conjunction with the St. Petersburg Bar’s Holiday Party. This yearly festive event was filled with holiday cheer for all who attended. It always warms my heart to see our legal community come together to enjoy each other’s company and display some of the most imaginative baskets donated for our auction.

This event featured theme baskets containing an array of international goodies and spirits, sports baskets (incl. luxurious seats for one lucky winner and 16 of his/her guests in the City Suite for a 2012 Rays baseball game plus limited & signed collectables & memorabilia), two lunch experiences at Crowley’s (incl. one with famous Rays Radio Announcers, Andy Freed & Dave Wills, & one lunch with Dick Crippen, Senior Advisor to the Rays), doggie goodies, new baby essentials, two tickets to the 2012 Heroes Among Us, and the list goes on and on! CLP is so thankful for all of those who participated in making this a very successful event either through the donation of baskets or through the purchase of baskets. In particular, we would like to thank the following theme basket donors:

•LawOfficesofAmyG.Bellhorn,PLLC•Professor&Mrs.JamesBrown•GentryByrnes&BethHorner•CASA,Inc.•ClarieLawOffices,P.A.•CLPBoardofTrustees

•TheLawOfficesofCarinM.Constantine•TheDensonFirm•FeherLaw•MichaelFinn,Esq.•KyleFleming•Keane,Reese,Vesely,&Gerdes,P.A.•LawOfficeofJamesR.Kennedy,Jr.•MastersonLawGroup,P.A.•MinorLeagueBaseball•MinutemanPressofSt.Petersburg•ElizabethPorcelli•SchneikartPersonalInjuryLawFirm•St.PetersburgBarExecutiveCommittee•St.PetersburgBarFoundation•SuncoastHospice (Stepping Stones Program)

In addition to the silent auction, we had an impromptu live auction, which was led

by our beloved volunteers James Kennedy, Amy Bellhorn, and Carin Constantine! Together, they effortlessly auctioned off the rest of the baskets, making this one of the most successful Basket Challenges on record!

Also, we were especially touched by the dedication of Amy and Carin, who tirelessly approached many local merchants throughout Pinellas and Hillsborough Counties to obtain donations of goods and services for this event. At the same time, they were helping to spread the word about the good work of our organization. Together, Amy and Carin collected enough donations to supply us with 10 beautiful baskets containing goods and services

donated from the following businesses: The Gold and Diamond Source, Katie Pletcher, Hilton Hotel at Carillon, John Gilbertson, GrillSmith, the Jim Morey Band, Natasha Gwatney, Happy Nails, Victor Carr, The Fresh Market, OSI Restaurant Partners, LLC, Dr. Michael Keir with Spinal Correction Centers, Max Glazer, Gardens Yoga, Aveda Salon, Royal Palms Natural Nail Spa, Shapiro’s, Dr. Colby Staubs with Florida Chiropractor, Robert Linde with Acupuncture & Herbal Therapies, The Hooker Tea Company, PilotMall.com, Dr. Monda Henri with VIP Eye Care and Optical Boutique, and Ruth Eckerd Hall. We could have never secured all of these donations without their help!

This joyful event could not have been possible without the support of the St. Petersburg Bar Association for once again allowing us to share the floor at their annual holiday party! With everyone’s continued support, we look forward to making this event even more successful next year!



KENNETH C. DEACON, JR.

Mediation - Arbitration

Certified Circuit Court Mediator

Board Certified Civil Trial Lawyer- Florida Bar Board of Certifications

AV - Rated (for over thirty years)

Past Governor - The Florida Bar

Past President -St. Petersburg Bar Association

2008 Recipient of the Barney Award for Ethics, Professionalism and Legal Experience

Elected as Florida Super Lawyer (2002-2011)

Ken Deacon has over forty years civil trial experience and has tried, as lead counsel, well over 100 major civil jury trials to their

conclusion. Ken has represented both plaintiffs and defendants.

100 Second Avenue South

Suite 902

St. Petersburg, FL 33701

Phone: 727-551-0000

Toll Free: 866-800-0426


What’s Up and Who’s New February 2012

A special “thank you” to the supporters of the Public Service Committee’s parties for the students and staff at Pinellas Secondary School. With funding shortages it would not have been possible without the financial support of Thrivent Financial for Lutheran, Judge Jack Day, Judge James Pierce, Tom Masterson, David Abbey, Ben DeBerg and William Walker. Two pizza parties we held: one for the middle school students and one for the high school students and also a party for the staff catered by Edyth James. All had a great time!

Adams and Reese is pleased to announce that St. Petersburg attorney Quinn Henderson has been elected to partnership. Henderson joined Adams and Reese in 2010 following the firm’s expansion into St. Petersburg. His practice focuses on construction, commercial, banking and administrative litigation, representing developers, contractors, business owners and banks. He has experience working for sureties, giving him a broader understanding of the role and relationship that sureties and their bonds have with construction projects and other numerous aspects of the commercial society.

Adams and Reese is listed on the “2012 Top Ranked Law Firms” list among the top Southeast Region law firms the December 2011 edition of Fortune Investor’s Guide 2012 magazine in which LexisNexis® Martindale-Hubbell® and Fortune Magazine listed law firms in the United States, as determined by the firm’s percentage of AV® Preeminent™ rated lawyers. Out of 254,000 firms rated by Martindale-Hubbell, only 965 firms were selected nationally for inclusion on the list.

Englander Fischer announces the addition three new attorneys: • Beatriz Sanchez as an associate lawyer and member of the firm’s bankruptcy section. Sanchez

represents businesses, institutional and individual clients in Chapters 7, 11 and 13 bankruptcy cases. Prior to joining Englander Fischer, Sanchez worked as an associate attorney for Clark & Washington, LLC in Tampa and represented clients in a variety of bankruptcy matters. •Sundeep B. Nath as an associate and member of the firm’s bankruptcy and commercial litigation departments. He practices business, commercial and real estate litigation and represents businesses, institutional clients and individuals in Chapters 7, 11 and 13 bankruptcy cases. Prior to joining the firm, Nath served as a judicial intern for Presiding Judge Dorothy Kirie Kinnaird in the State of Illinois Circuit Court of Cook County, Chancery Division.• E. Tyler Cathey as an associate and member of the firm’s litigation department. Cathey practices complex civil litigation with an emphasis on trial work and represents clients before the executive and legislative branches of state and local governments. He previously served as special counsel on a statewide political campaign and previous to that was an associate of Holland and Knight, Tampa.

Trenam Kemker was named by Martindale-Hubbell® to its “Top Ranked Law Firms™” list. Firms named have at least 1/3 (or 33 percent) of attorneys who have received an “AV” rating, which, according to Martindale is “a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.” Currently, 53 of the 97 Trenam Kemker attorneys are AV-rated. Martindale has a database of more than 250,000 law firms, of those, less than 1,000 firms were named to its Top Ranked list. The list was published on December 26 in Fortune magazine’s Investor’s Guide 2012.

John V. Tucker of Tucker & Ludin, P.A. in Clearwater recently presented “Taking An ERISA Deposition - From the Plaintiff’s Perspective” at the 11th Circuit ERISA Meeting held in Tampa at Stetson University College of Law on January 12, 2012. Mr. Tucker is also an Adjunct Professor at Stetson, teaching “ERISA Litigation.”

NEW & REINSTATED MEMBERS

EISEL, JEFFREY401 4h St. N., St. Petersburg, FL 33701Phone: 727-821-2900; Fax: 727-822-7686E-mail: [email protected]. & J.D. from the University of Florida. Admitted to The Florida Bar in 2011. Mr. Eisel is an associate with Raleigh Green, P.A.

GARNETT, MATTHEW650 16th St. N., St. Petersburg, FL 33705Phone: 727-490-3100; Fax: 727-490-3101E-mail: [email protected]. from the University of Rochester, J.D. from Vanderbilt University. Admitted to The Florida Bar in 2006. Mr. Garnett is an associate with Fudge & McArthur, P.A.

GREENE, RALEIGH WILLIAMS IV13577 Feather Sound Dr., STE 550Clearwater, FL 33762Phone: 727-572-4545; Fax: 727-572-4646E-mail: [email protected]. and J.D. from the University of Florida. Admitted to The Florida Bar in 2011. Mr. Greene is an associate with Baskin & Fleece Attorneys at Law.

MCCARTNEY, LISA D.7011 Central Ave., STE CSt. Petersburg, FL 33710Phone: 727-851-9541Fax: 727-334-3975E-mail: [email protected]. from Arizona State University, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2009. Ms. McCartney is a sole practitioner.



NASSAR, HEND ANNETTE1313 Mockingbird Ln.Tampa, FL 33613Phone: 727-867-5309E-mail: [email protected]. from the University of South Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2010. Ms. Nassar is a sole practitioner.

PLUMMER, ELIZABETH COLLINS4510 NW 6th Pl., 3rd FloorGainesville, FL 32607-6111Phone: 352-374-4007Fax: 352-337-8340B.S. & J.D. from the University of Florida. Admitted to The Florida Bar in 2000. Ms. Plummer is an associate with Gloria W. Fletcher, P.A.

SELLERS, AMANDA POWERS13191 Starkey Rd., STE 2Largo, FL 33773Phone:727-531-2926Fax:727-531-2706B.A. from the University of North Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2005. Ms. Sellers is a partner with Powers Sellers & Finkelstein, PLC.

SWIFT, AARON M.1401 61st St. S, Gulfport, FL 33707Phone:727-562-7819Fax:727-347-5621E-mail: [email protected]. from Dickinson College, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2011. Mr. Swift is the Assistant Director of Alumni Relations.

TENEV, PETIAP.O. Box 7463, Clearwater, FL 33758Phone: 727-504-6643Fax: 877-382-5090E-mail: [email protected]

B.A. from the University of South Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2011. Ms. Tenev is a sole practitioner.

TENNEY, JOHN WESLEY2167 6th Ave. N.St. Petersburg, FL 3713Phone: 352-870-8818Fax: 352-870-8818E-mail: [email protected] degree from the University of Florida, J.D. from the University of South Carolina. Admitted to The Florida Bar in 2011.

UPTON, ALEXISP.O. Box 1511St. Petersburg, FL 33731-1511Phone: 727-821-2080Fax: 727-822-3970E-mail: [email protected] degree and J.D. from Virginia Tech. Admitted to The Florida Bar IN 2007. Ms. Upton is an associate with Abbey, Adams, Byelick, Mueller, LLP.

VALENTINE, ROBERT M.4500 140th Ave. N., STE 118Clearwater, FL 33762Phone: 727-536-0022Fax: 727-536-0044E-mail: [email protected]. from the University of Tampa, J.D. from Marquette University Law School. Admitted to The Florida Bar in 2010. Mr. Valentine is a sole practitioner.

ASSOCIATE MEMBERS

REID, LISA COOK150 Second Ave. N., STE 1200St. Petersburg, FL 33701Phone: 727-822-4800Fax: 727-822-4855E-mail: [email protected]. Reid is Director of Firm Administration

for Buckley Law Group, P.A.

AFFILIATE MEMBERS

BRYANT, JANET15201 Roosevelt Blvd., STE 104Clearwater, FL 33760Phone: 727-683-1723Fax: 727-444-4419E-mail: [email protected]. Bryant is the Strategic Alliance Manager with Idatix Corp.

O’CONNOR, RYAN JAMES150 2nd Ave. N., STE 300St. Petersburg, FL 33701Phone: 727-586-5363Fax: 855-433-8773E-mail: [email protected]. O’Connor is a Private Mortgage Banker and a team leader for the Tampa Bay region of Wells Fargo Private Mortgage Banking.

WRIGHT, ANGELA N.1545 79th Ave. N.St. Petersburg, FL 33702Phone: 727-744-0757Fax: 877-457-9803E-mail: [email protected] degree from Stetson University. Ms. Wright is a financial advisor with Edward Jones.

STUDENT MEMBERS

DOHERTY, AMANDA MADIGANPhone: 898-0818 Fax: 327-3045E-mail: [email protected] degree from Southern Illinois University. JD from Stetson University College of Law. Ms. Doherty has passed the bar exam and is awaiting admission to the Bar.

April 2012 Issue...............Copy must be receieved by noon, February 15th, 2012

May 2012 Issue...............Copy must be receieved by noon, March 15th, 2012

June 2012 Issue...............Copy must be receieved by noon, April 15th, 2012

– Copy and ads received after the deadline will run in the next issue –

P a r a c l e t e A r t i c l e & A d S u b m i s s i o n D e a d l i n e s

CLEARWATER – Office space to share/lease. Receptionist, use of conference room, waiting room, copier, more. One, two, or three offices available. Newport Square, East Bay Drive. Larry Sandefer. 727-726-5297.

ST. PETERSBURG – Senior Practitioner has office space for lease with amenities. Large offices less than 1 block from St. Petersburg Courthouse with assigned off street parking space. Common use of reception area, Florida library, closing and break rooms, utilities except telephone, included. Contact Joe Lang 727-894-0676 for more details.

ST. PETERSBURG – COURTHOUSE SQUARE, office space for lease in downtown at 600 First Avenue North,

across from the Courthouse. Covered parking, full services. Professional legal office environment, home to some of the “Best Lawyers in Tampa Bay.” One 2400 sq. ft. suite and one 1800 sq. ft. suite available. Call 727-542-4245 or email [email protected].

ST. PETERSBURG – DOWNTOWN: “The Paramount” 721 First Avenue North. One Block from courthouse/county building. Virtual offices from $250/month. “NEW” Art Deco construction. Receptionist in stunning atrium waiting area. Beautifully appointed conference rooms. Fax/copiers, state of the art telephone system, gorgeous kitchen/lounge, much more! Evelyn Delgado 727-898-7210.

ST. PETERSBURG – DOWNTOWN BY COURTHOUSE – Office space for rent on first floor adjacent to the Courthouse; 525 – 1st Avenue North; Includes your business sign at street level; Completely renovated, Move in ready; Three offices plus waiting area; 700 square feet; Annual lease; $975 per month full service gross; Contact Fogarty & Finch Inc, Chris Finch, owner/licensed RE Broker 727-822-4343.

ST. PETERSBURG - OFFICE SPACE FOR RENT: Very economical 1,400 square feet at $1,000.00….About $.071 cents per square foot. 919 First Avenue North, St. Petersburg (next to Goldman/Wetzel Law Office.) Thousands of cars drive by daily. Sandford Goldman 727-204-2194 - [email protected].

Classifieds

Office Space:


THANK YOU

to the Sponsors

of the

HOLIDAY PARTYDecember 8, 2011

Presenting Sponsor

Sleigh Bell Sponsor

IOA / AvMed / MetLife

WestlawNext

Jingle Bell Sponsors

BB&T

Buckley Law Group, P.A.

The Centers

Fisher & Sauls, P.A.

Seabridge Wealth Managment

Trenam Kemker

Thank you to Ruben Santiago

of Florida Judicial Services for taking photos at the event!

st. petersburg february 2012 bar … firm points to the irish potato famine in the 1840s as an...

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