st. petersburg july/august 2013 bar ... · the butterflies in your stomach, the concern about being...

BAR ASSOCIATIONSt. Petersburg July/August 2013 www.stpetebar.com

Paraclete - The Magazine For The Legal Professional

In This Issue:

Can Ethical Rule Violations Result in a Jail Sentence? -By Cynthia Johnson Levine

What are the Main Differences Between Social Security Disability Insurance Benefits and Supplemental Security Income? - By Amy Bellhorn

Introducing Judge Daniel H. Sleet - By Allison Mawhinney

Review of the comprehensive revised Florida lawyer advertising rules which became effective on May 1, 2013 - Part 3 of 3 - By Joseph A. Corsmeier

Features ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8 Can Ethical Rule Violations Result in a Jail Sentence? -By Cynthia Johnson Levine

10 What are the Main Differences Between Social Security Disability Insurance Benefits and Supplemental Security Income? - By Amy Bellhorn

12 Introducing Judge Daniel H. Sleet - By Allison Mawhinney

14 Review of the comprehensive revised Florida lawyer advertising rules which became effective on May 1, 2013 - Part 3 of 3 - By Joseph A. Corsmeier

16 10 Mediation Tips for Young Lawyers - By Sabrina C. Beavens and Gina M. Pellegrino

20 Changes in Local Foreclosure Proceedings - By Erica K. Smith

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

13 Bar and Court News

15 PFAWL

18 St Petersburg Bar Foundation Installation

26 Membership in the St. Petersburg Bar Association Lawyer Referral Service

27 Community Champions

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

4 President’s Message

6 From the Editor

22 Stetson Review

24 St. Petersburg Bar Foundation

28 Community Law Program

30 Young Lawyers’ Corner

32 What’s Up and Who’s New

34 Classifieds

ContentsST. 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 wel-comes submissions for publication. Publishing and editorial decisions are based on the editors’ judg-ment 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 July/August 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 specifically identified as the official 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 November 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 Regina Kardash 727-258-0229

[email protected]

Paraclete AdvertisingJoAnn Knight 727.823.7474

[email protected]

Design & Production727.239.3713

[email protected]

Paraclete: The Spirit of Truth July/August 2013

www.stpetebar.com Paraclete – July/August 2013 3

Errata: On June 13, the St. Pete Bar inadvertently sent out the wrong version of the June Paraclete in an eNews. A corrected version was resent as approved by the editorial committee. This error was not due to the fault of the editor. The St. Pete Bar also accepts responsibility for any error that may or may not appear in the printed version that was already mailed. Our apologies to Jowita Wysocka, the Editorial Committee and the St. Pete Bar membership!

4 St. Petersburg Bar Association www.stpetebar.com

President's Message:

This is a thank you note. Our mothers taught us such notes should be handwritten. Sorry

mom. Since my penmanship rivals that of Charlie Brown, this is typed.

The first thank you is to our Bar Association. Why? Here’s why. In December of 1991, I rejoined many of you in private practice following more than a decade in the corporate arena. As a very young lawyer, from late 1973 until sometime in 1978, there was a lot of corporate and individual representation coupled with substantial resultant trial and/or trial related practice. The courthouse aspect of that practice was that which was enjoyed the most. The butterflies in your stomach, the concern about being out lawyered, the unexpected testimony, the academic exercise, I loved it all.

Nevertheless, I became entangled, for the next decade or so, primarily in the corporate world. While always keeping a toe in the practice of law, professional life was primarily focused upon various corporate roles. These roles were, for different entities, CEO, President, COO, and General Counsel. Trial work was largely limited to supervising, as opposed to a hands on practice. Hands on was missed.

Well, you can’t get more hands on than

starting a law firm with no money, no clients, and having been fourteen years removed from frequent and substantial contact with our local legal community. Luckily, I had enough sense to keep my St. Petersburg Bar membership active during those years. That fact allowed Beverly, my wife, and I to launch our ship, namely the law practice, in the rough seas referenced above. Your St. Petersburg Bar Association and many of you, as its members, were, quite simply, critical to both the firm’s creation and survival.

The second thank you is to the family law section. That section presented the opportunity to reconnect with the legal community and to identify mentors within that segment of our Bar. The section meetings were open, friendly, and educational. The judicial involvement alone was worth the bar dues. Those dues were, and remain, a great bargain. Hopefully, you agree with that observation.

The third thank you is to our judiciary. They were and are approachable, patient, and responsive, even as I was scrubbing off the rust from corporate years and beginning to redevelop, once more, adequate trial practice ability. Our judiciary’s continued involvement within your Bar, within the seminars presented by our sections, and within the two Pinellas County Inn of Courts, compares very favorably with any

other Circuit in Florida. That is a fact for which we all should be grateful.

The fourth thank you is to those of you who took the risk of allowing a newcomer to mediate your cases, in Federal and State court, in the areas of real estate, probate, employment, medical malpractice, personal injury, family, and in those days, any other mediation opportunity that walked in the door. You were kind enough to share in your knowledge and to, ultimately, allow the office to achieve a level of success which would, otherwise, have been impossible. Plus, we’ve had some fun along the way. This coming year, the plan is to do substantial good work, while having a lot more fun.

The fifth thank you is to two very important women in my life, Beverly and Elaine. Anyone that deals with my office is fully cognizant of the fact that it is much more productive to talk to Elaine, than me, since Elaine really knows the deal. That fact won’t change next year. So, please feel free to call and, if you’re smart, check in with Elaine.

For all of the reasons above, and more, it is an honor and privilege to serve as your President. You are my bosses. Please let me know how to best serve your interests, our community, the public, and our profession.

By Raleigh “Lee” Greene

J July/August 2013

MEMBER APPRECIATION RAFFLE WINNER

S. Michael Ostow

Sponsored by


Cherished readers, this will be my final column as the Paraclete editor, at least for the coming year.

At last month’s Installation Reception, outgoing St. Pete Bar president Tim Miller jokingly referred to the editor position as “a thankless job.” I will admit that at times, it has been challenging to coordinate articles for a specific theme. Gathering timely and topical submissions from attorneys is like herding cats, if cats also had clients, trials, depositions, deadlines, and personal commitments. Catching errors (at least the most glaring ones) while accommodating last-minute submissions and still meeting a tight publication schedule was another daunting task I faced.

Nonetheless, serving as editor of this bar association’s magazine has been overwhelmingly positive and rewarding. I’m grateful for and continuously amazed by how much the small yet mighty army

of three staff members at the bar (Chip Collins, JoAnn Knight, and Kathy Parker) are able to accomplish, from publishing the magazine to coordinating events and raising money through sponsorships and membership. I have enjoyed serving on the Editorial Committee tremendously for the past eight years and as Editor for the past three, and I look forward to remaining on the committee while my enthusiastic and highly capable successor, Regina Kardash, takes the lead.

I was also delightfully surprised by the honor of being selected as a co-recipient of the coveted “Rockin’ Chair” award this year, along with my esteemed colleague and friend, Kristina Feher. I extend my sincere gratitude to Tim Miller, the St. Pete Bar staff, and the Executive Committee for your tremendous support over the years for the Paraclete and their fervent dedication to the St. Petersburg Bar Association.

I am inspired by the many seasoned and young lawyers involved in the many facets of our bar. Their leadership and volunteerism are vital to the collective health and success of the legal profession as well as the community as a whole, and I am proud to be a member of this vibrant organization. Thank you all, and please keep submitting articles to our magazine. Submissions should be emailed to Chip Collins at [email protected] as well as Regina Kardash at [email protected].

Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy law. She is also the founder and director of Florida Lawyers for the Arts, Inc., a non-profit that provides legal resources to artists and arts organizations.

From the Editor:Passing the Torch

By Jowita L. Wysocka


By Caroline Johnson Levine

Can Ethical Rule Violations Result in a Jail Sentence?

The majority of attorneys never experience a Florida Bar complaint or investigation.

Certainly, no attorney wishes to invite any negative attention from The Florida Bar and it is likely that an attorney would suffer a great deal of emotional anxiety upon receiving a Florida Bar letter requiring a response to a client complaint. Additionally, most legal practitioners believe that a finding of guilt in a Florida Bar investigation may result in fines, costs of prosecution, admonishment, probation, suspension, or total disbarment. However, the Florida Supreme Court recently demonstrated in The Florida Bar v. Palmer, 2013 WL 1908405 (Fla. 2013), that the court will incarcerate contemptuous and unethical attorneys.

Robert Palmer had previously been convicted of felony possession of cocaine and theft of client funds. The Florida Bar also found that “his trust account was substantially and frequently out of balance, and that he had received payment for legal acts he never performed.” See The Florida Bar v. Palmer, 588 So.2d 234 (Fla.1991). Palmer initially stipulated to a disbarment of five years and a consent judgment of guilt. However, Palmer subsequently refused to sign a written agreement formalizing the stipulation. Palmer argued that he had entered into the verbal stipulation under duress. Therefore, the referee recommended the enforcement of the previously agreed upon sanctions. However, the Supreme Court found that Palmer’s improprieties were egregious enough to warrant total

disbarment. Id. at 235.

“Since his disbarment, Palmer has continued to engage in the unauthorized practice of law.” See The Florida Bar v. Palmer, 2013 WL 1908405 (Fla. 2013). “The Florida Bar filed a petition for contempt alleging that Palmer engaged in the practice of law in violation of his disbarment. As a result of that action, on November 30, 1995, Palmer was ‘permanently and perpetually restrained from engaging in the practice of law in the State of Florida.’” Id. Additionally in 2005, Palmer was sentenced to ten days in jail for his continued contempt of the Supreme Court’s order of disbarment because of his ongoing engagement in the unlicensed practice of law.

Subsequent to Palmer’s incarceration,


he became the registered owner of the “All Florida Legal Clinic” and made representations that he was a “retired” lawyer. In 2009, Palmer accepted $550.00 to assist a client with a guardianship matter. Palmer failed to perform any work or provide a full refund to the client. Accordingly, The Florida Bar recommended that Palmer be held in indirect criminal contempt because he “had direct contact with the client in the nature of consultation, explanation, recommendation, advice, or assistance, and that his interactions with the client in this regard constituted the practice of law in violation of the Court’s disbarment order. Further, . . .Palmer held himself out as an attorney, both expressly and impliedly.” Id.

The Supreme Court held that “Florida Bar rule 3–7.11(f )(1)(F) authorizes this Court to review petitions for contempt and to issue ‘any sanction that a court may impose for contempt.’ Moreover, this Court has inherent authority to enforce its orders to ensure compliance with those orders.” Id.; see also Parisi v. Broward County, 769 So.2d 359, 363

(Fla. 2000). “The courts are granted this contempt authority because: ‘The interests of orderly government demand that respect and compliance be given to orders issued by courts possessed of jurisdiction of persons and subject matter.’” See Parisi at 363 (quoting U.S. v. United Mine Workers of America, 330 U.S. 258, 67 S.Ct. 677 (U.S. 1947)). Further, “broad, discretionary contempt powers provide the courts with the ‘power to impose silence, respect, and decorum, in their presence, and submission to their lawful mandates.’” Id. at 363 (quoting International Union, United Mine Workers v. Bagwell, 512 U.S. 821, 831, 114 S.Ct. 2552 (U.S. 1994).

The shocking outcome of Palmer’s recent legal activities was a Supreme Court order stating that “Robert V. Palmer is sentenced to sixty (60) days in jail. Palmer shall surrender to the Duval County Sheriff within five (5) days after service of this order on Palmer. In the event Palmer does not surrender, the Sheriff of Duval County, Florida, is authorized and directed to take Palmer into custody and imprison him for

sixty (60) days.” See The Florida Bar v. Palmer, 2013 WL 1908405 (Fla. 2013). Importantly, Palmer may also be subject to an additional five years imprisonment, if he is criminally prosecuted for the unlicensed practice of law in violation of Florida Statute § 454.23, which is a third degree felony.

Attorneys face many challenges over the course of a long and satisfying legal career. Managing all of those challenges must always ensure compliance with The Florida Bar’s ethical rules. This is especially important because in Palmer, the Supreme Court makes it clear that an attorney is always required to engage in ethical behavior and failure to do so may result in severe sanctions.

Caroline Johnson Levine was employed as a criminal prosecutor for ten years and currently practices civil litigation defense. She frequently speaks to educational groups in order to share civics lessons. Additionally, she is an appointed member of The Florida Bar’s Standing Committee on Professionalism.


If a person is disabled and unable to work, they might be entitled to benefits by The Social Security

Administration (SSA). SSA has for the most part two programs to provide for disability benefits: Social Security Disability Insurance Benefits (SSD) and Supplemental Security Income (SSI). However, there are differences between the two programs, and this will provide a very brief overview of them.

What are Social Security Disability Insurance Benefits?

Social Security Disability Insurance Benefits (SSD) are benefits that a person has accrued by paying Social Security through employment for a certain amount of time. You have to pay into the system five (5) years to be eligible for this benefit, and the amount of this benefit depends upon how much was paid in. You can pay in enough to earn disability benefits for yourself and a dependent. After five years of not paying Social Security tax or not paying enough, a person will run out of being eligible for this type of benefit due to no longer being insured. Besides this criteria, a person must also have a medical condition that meets the definition of disability under Social Security. However, it is unlike the definition for worker’s compensation, veteran’s benefits, short-term disability or other programs. It only pays benefits for total disability, and it has a very strict definition. Disability is defined as a physical and/or mental condition that has lasted or expected to last for at least one year or to result in death, and it must prevent a person from not only doing their past work but also any other job. If a person is approved for SSD, they will be eligible for Medicare after the waiting requirement has been met. The health insurance aspect is an extremely

important component for most people who are applying for SSD.

What is SSI?

Unlike for SSD, for SSI a person does not have to have worked at all and meet the credit requirement, yet they do have to be within the income, asset and resource limits to be eligible on a non-medical basis. For example, for single individuals you cannot have more than $2,000.00 in resources, and it’s $3,000.00 for those that are married. SSI has the same definition of disability as stated above for SSD. However, unlike SSD where a person would be entitled to Medicare, a person would automatically be eligible for Medicaid if they are approved for SSI. No matter how severe a person’s health conditions, if they are over income, assets or resource limits than they will be denied for non-medical eligibility.

A person can receive SSD and SSI, and they can also be only eligible for either of the programs depending upon their work history and if they meet the income, asset and resource limits for SSI. If approved for SSD and SSI, they can also get Medicaid and Medicare.

Since the definition for SSD and SSI is the same, and a person’s health condition(s) has to last for at least 12 months or more, a person should apply as soon as you can, and they should also receive continuous medical treatment. Their health conditions need to be documented to prove their case.

The process to file an application and the overall process can be long and overwhelming, and it may be intensified while a person is ill, may be lacking in medical care and has no income for an extended period of time. To apply, there are three ways for a person to do so: apply online at www.socialsecurity.gov is the

most convenient and fastest, calling (800) 772-1213 and setting up a phone interview appointment, or by going to the local SSA office. For a person to find their closest SSA office, they can go to SSA’s website, www.socialsecurity.gov, and put their zip code in on the bottom left-hand side of the home page. For those that are SSI only and Child’s SSI, they should finish the application process for their income, asset and resource limit information at their local SSA office or with the phone interview.

After a person has applied, the five-step sequential evaluation that SSA uses to determine if a person is eligible for benefits on a medical basis is the same. Also, if a person is denied at the different stages it is the same appeal process for both types of cases too. SSA’s website has FAQ’s and information on DIB, SSI and other information that may be helpful to a person applying and looking for information.

This is just a brief overview of the two programs, SSD and SSI, but it highlights the major differences. It also provides a brief overview of how a person applies for either program and afterwards, and it should be enough of an overview to understand the main differences between the two programs.

Amy G. Bellhorn is a sole practitioner at the Law Offices of Amy G. Bellhorn, PLLC in St. Petersburg, FL. Her practice focuses primarily in the following areas of law: Social Security Disability & SSI (including child’s SSI), Auto Accidents, Criminal, DUI & Traffic Cases, Immigration and Real Property. She is also a Florida Certified Circuit Civil Mediator. You can reach Amy at [email protected] or (727) 822-7121.

What are the Main Differences Between Social Security Disability Insurance Benefits and Supplemental Security Income?

By Amy Bellhorn


On December 27, 2012, Judge Daniel Sleet was officially commissioned as the newest

member of the Second District Court of Appeal. Sleet grew up in Charlotte, North Carolina, as the youngest of seven children. He attended Furman University on a full football scholarship and graduated with a bachelor’s degree in history in 1984. After college, Daniel Sleet took his talents to Cumberland School of Law where he received his J.D. in 1987. During his last two years of law school, Sleet served as a magistrate for the City of Birmingham, Alabama.

After law school, Sleet interviewed with the State Attorney’s Office in Tampa during a vacation to the bay area. His vacation turned into a four-year position as an Assistant State Attorney in Hillsborough County from 1987 to 1991. As a prosecutor, Daniel Sleet tried over 50 jury trials.

From the State Attorney’s Office, Sleet entered private practice. He tried over 30 civil jury trials. He was then appointed to the Hillsborough County Circuit Court bench in 2005 by Governor Jeb Bush.

He continued to serve the Hillsborough County Circuit Court until December 2012 when he was appointed to the appellate bench by Governor Rick Scott.

Judge Sleet was a featured speaker at the St. Petersburg Bar Association Appellate Practice Section’s March 28, 2013 seminar “Practice in the Second District.” Outside

of the courthouse, Judge Sleet reported that he and his wife love to travel, read and go boating. He has two daughters, 11 and 14, who are avid volleyball players. Judge Sleet often can be found courtside, cheering them on. Amidst all of this, Sleet also finds the time to serve as an adjunct professor of Trial Advocacy at Stetson University College of Law.

The St. Pete Bar welcomes this dynamic new member of the Appellate Bench to the Second District Court of Appeal.

Allison Mawhinney is an appellate attorney with Abbey, Adams, Byelick & Mueller, L.L.P. She represents individuals and entities in civil and workers’ compensation appeals. Mrs. Mawhinney has co-authored and presented a variety of seminars pertinent to attorneys and insurance adjusters. Topics include the bad faith “set-up,” discovery disputes and ideas for creatively resolving them, hallmarks of cases destined for trial, questionable spinal injury cases, and others. Mawhinney is available to represent individuals, employers, government entities, insurance companies and other organizations in the appellate arena.

Introducing Judge Daniel H. Sleet

By Allison Mawhinney


Bar and Court News

ASSOCIATION OF LEGAL ADMINISTRATORS - SUNCOAST CHAPTER: The Suncoast Chapter of the ALA meets on the second Wednesday of each month. For more information please contact Meeting/Education Co-Chairs, Elaine Stinson at [email protected] or Valerie Tolisano at [email protected] or visit the ALA website at http://alasuncoast.org/ for more information. The next meetings are:

PINELLAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS: The PACDL monthly meetings are held the second Wednesday of each month. Locations vary, but are frequently at the Criminal Justice Center from 12:00 to 1:30 p.m. Lunch is typically provided. For more information on PACDL please contact Garry L. Potts for the location or more information at [email protected] or (727)538-4166. All attorneys are welcome to attend.

PINELLAS COUNTY CHAPTER OF THE FLORIDA ASSOCIATION FOR WOMEN LAWYERS: PFAWL meets on the 1st Tuesday of each month at 6:00 p.m. at different locations each month. There is no RSVP requirement. For more information contact Marcelana Anthony at [email protected].

PINELLAS COUNTY CHAPTER OF THE PARALEGAL ASSOCIATION OF FLORIDA:

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 Glenda Sasser. For more information on the local chapter contact Glenda Sasser at [email protected] or visit the Paralegal Association of Florida website at www.pafinc.org. The next meetings are:

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

SPALSS is in the process of restructuring. Currrently there are no meeting dates on their calendar at this time. All legal support staff and attorneys are welcome. For more information contact Interim President, Roslyn Anderson at [email protected] or Susan Batchelder at 727-502-8219.

July/August 2013

Date: Thursday, August 22, 2013 Time: 11:30 a.m. – 5:30 p.m.Program: Program: 2013 Annual Educational Conference and Business Partner Exhibit. CLE and CLM credits applied for. Contact Eloise Stinson or Valerie Tolisano for more info.Location: Hilton Carillon 950 Lake Carillon Drive St. Petersburg, FL 33716

Date/Time: Tuesday, September 3, 2013 – 6:00 p.m.Program: Monthly Social - No RSVP requiredLocation: TBA

Date/Time: Tuesday, August 6, 2013 – 6:00 p.m.Program: Monthly Social - No RSVP requiredLocation: Courtside Grille 110 Fountain Parkway N. St. Petersburg, FL 33716

Date/Time: Tuesday, August 13, 2013 – 6:00 p.m.Speaker: To be announcedProgram: To Be AnnouncedLocation: Antonio’s Pasta Grille 2755 Ulmerton Rd. Clearwater 33762

Date: Wednesday, September 11, 2013 Time: 11:45 a.m. – 1:00 p.m.Program: General Membership MeetingLocation: The Centre Club 123 S. Westshore Blvd. Tampa, FL 33609

Date/Time: Tuesday, September 10, 2013 – 6:00 p.m.Speaker: To be announcedProgram: To be announcedLocation: Antonio’s Pasta Grille 2755 Ulmerton Rd. Clearwater 33762



On January 31, 2013, the Supreme Court of Florida issued an opinion implementing comprehensive

revisions to the lawyer advertising rules which became effective on May 1, 2013 at 12:01 am. The Supreme Court’s opinion is at http://www.floridasupremecourt.org/decisions/2013/sc11-1327.pdf.

The opinion renumbered the revised rules to avoid “confusion” since the new rules are “substantially different from the current rules.” This article will discuss the following renumbered rules: 4-7.19 (Evaluation of Advertisements); 4-7.20 (Exemptions From the Filing and Review Requirement); 4-7.21 (Firm Names and Letterhead); 4-7.22 (Lawyer Referral Services); and 4-7.23 (Lawyer Directory).

Rule 4-7.19 (Evaluation of Advertisements). This rule requires all advertisements (except websites) to be filed with the Bar 20 days before their first public dissemination. The current rule requires only television and radio advertisements to be pre-filed. The new rule specifically prohibits filing “an entire website” for review; however, a lawyer “may obtain an advisory opinion concerning the compliance of a specific page, provision, statement, illustration, or photograph on a website”.

The rule also states that if the Bar does not send communication to the filer within 15 days of receipt of a complete filing, or within 15 days of receipt of additional information when requested within the initial 15 days, the lawyer will not be subject to discipline; however, if the Bar later notifies the lawyer of noncompliance, the lawyer may be subject to discipline for dissemination of the advertisement after the notice of noncompliance.

The previous rules state that the Bar’s finding that an advertisement is in compliance is binding in future disciplinary proceedings unless there has been a misrepresentation not apparent from the face of the advertisement; however, the new rules will allow the Bar to change a finding of compliance to noncompliance

without providing any justification. New Rule 4-7.19(b) states as follows: “The Florida Bar has a right to change its finding of compliance and in such circumstances must notify the lawyer of the finding of noncompliance, after which the lawyer may be subject to discipline for continuing to disseminate the advertisement.” Interestingly, the Comment to the rule was not changed and still states that “(a) lawyer who files an advertisement and obtains a notice of compliance is therefore immune from grievance liability unless the advertisement contains a misrepresentation that is not apparent from the face of the advertisement.”

Rule 4-7.19(f )(5) provides a safe harbor by allowing a lawyer to “take down” a website (or portions thereof) and not be subject to discipline for a non-complying until 15 days after the Bar sends notice of non-compliance to the lawyer’s record Bar address. The rule states that “dissemination of portions of a lawyer’s Internet website(s) that are not in compliance with rules 4-7.14 and 4-7.15 only after 15 days have elapsed since the date of The Florida Bar’s notice of noncompliance sent to the lawyer’s official bar address.”

Rule 4-7.20 (Exemptions From the Filing and Review Requirement). The exemptions from the filing and review requirement is substantially unchanged and a “written or recorded communication requested by a prospective client” will continue to be exempt from filing; however, even though the communication is exempt from filing, the content of the communication requested from the prospective client will be subject to all of the advertising rules. This is a significant change from the current rules, which state that the advertising rules do not apply to such requested information. In addition, the rule provides that websites are exempt from the filing and review requirement.

Rule 4-7.22 (Lawyer Referral Services). This rule requires all lawyer referral service advertisements to affirmatively state “lawyers who accept referrals from (the referral service)

pay to participate in the lawyer referral service.” This disclosure is in addition to the affirmative “lawyer referral service” disclosure that was previously required.

Rule 4-7.23 (Lawyer Directory). This new rule addresses “lawyer directories” for the first time. A “lawyer directory” is defined as “(a)ny person, group of persons, association, organization, or entity that receives any consideration, monetary or otherwise, given in exchange for publishing a listing of lawyers together in one place, such as a common Internet address, a book or pamphlet, a section of a book or pamphlet, in which all the participating lawyers and their advertisements are provided and the viewer is not directed to a particular lawyer or lawyers.” Telephone directories and voluntary bar associations which list members on a website or in a publication are outside the definition and there is no requirement for lawyers listed in a “lawyer directory” to be covered by malpractice insurance or that a “lawyer directory” provide The Florida Bar with a list of participating lawyers.

The revised advertising rules are some of the most comprehensive advertisement rules in the country, particularly related to social media and electronic communication, and a sea change is resulting in lawyer advertising regulation in Florida. Stay tuned...

...and be careful out there!

Joseph A. Corsmeier practices in Clearwater with the Law Office of Joseph A. Corsmeier, P.A. He previously was a partner in the law firm of Tew, Barnes & Atkinson. He also served as Staff Counsel for the Tampa office of The Florida Bar from 1990 to 1998 and as an Assistant State Attorney for the Sixth Judicial Circuit from 1986 to 1990. Mr. Corsmeier’s practice consists primarily of Bar and Professional admission and disciplinary defense, expert opinion and testimony on ethics and professionalism issues, workers’ compensation, and police union labor law.

Review of the comprehensive revised Florida lawyer advertising rules which became effective on May 1, 2013 - Part 3 of 3

By Joseph A. Corsmeier


The PFAWL is pleased to announce that we are the recipients of the Florida Association for Women Lawyers’ 2013

Membership Recruitment Award! Each and every one of our members helped to make this possible for our Chapter, and huge kudos go out to our Membership Director, Joann Grages. Thank you for all your time and hard work. We would also like to congratulate members Brittany Maxey for being awarded Super Lawyers for her professional achievements and high-degree of peer recognition, and Regina Kardash as a recipient of FAWL’s 2013 Leaders in the Law Award.

IT’S TIME TO RENEW your membership in PFAWL for the 2013-2014 year. PFAWL had a fantastic year, and we hope to see everyone back very soon, as well as welcoming more first-time members. In addition to our monthly membership socials, PFAWL hosted quarterly Judicial Roundtables, provided scholarship funds for a law student, hosted a Thanksgiving food drive for RCS Food Bank, a holiday gift drive for CASA, and Valentine’s for Veterans event. We also participated in a mock trial program with Azalea Middle School, attended Lobby Day’s in Tallahassee, put together a mentoring event with Thomas Cooley Law School, coordinated with the St.

Pete Bar’s Young Lawyers for the Salvation Army resume workshop and suit drive and hosted a fabulous evening with member Marcia Cohen learning about the United States Equal Pay Law. This is just a sample of the events we had this year. The upcoming year is your chance to be involved with our wonderful programs and provide input about what activities and events you would like see from PFAWL for our members. If there is a specific committee you would like to serve on, please do not hesitate to contact us at [email protected]. For membership inquiries contact Joann Grages at [email protected].

The Pinellas County Chapter of the Florida Association for Women Lawyers

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By Sabrina C. Beavens and Gina M. Pellegrino

From our experience, we thought it would prove helpful to offer the following 10 mediation tips for young

lawyers. Each mediation session provides an opportunity to grow and refine your skills. As a young lawyer, you may be asked to accompany a senior lawyer to mediation or you may be charged with handling the mediation on your own. Regardless of your role, you must strategically approach mediation and set aside adequate time to properly prepare yourself, your client and your case.

1. Approach Mediation Preparation with Optimism. Sometimes you begin mediation preparation thinking that there is no way the case will settle, only to be later surprised with a mediated settlement. Therefore, you should approach the preparation for every mediation with the belief that the case could settle.

2. Choose Your Mediator Wisely. We have many talented mediators in this state. However, choosing an unfamiliar name off of a list of mediators or choosing a mediator because you have used that person in the past is a missed opportunity to designate someone whose background, experience and style may be particularly suited to your case. For example, suppose your case is a dispute over money between family members, in that case, it may be helpful to select a mediator who has experience resolving not only civil disputes but familial disputes, as an important role of the mediator in that case will be understanding the emotions of the parties. It may be useful to ask for recommendations for mediators from your colleagues and get feedback on mediators suggested by the opposing party before agreeing to any mediator.

3. Timing. The timing of mediation should be carefully considered and discussed with your client and the opposing party. Many times your client may not want to spend

money on discovery and would prefer to hurry to the mediation table. This is a mistake. You must educate your clients about the importance of completing the tasks you deem necessary (discovery, motions, etc.) prior to mediation in order to improve the likelihood of a resolution. For example, without certain information obtained through discovery, the client may not feel comfortable agreeing to a settlement or may not be able to properly analyze its risks. Or perhaps you feel that the client has a strong chance of prevailing on a dispositive motion and therefore filing it prior to mediation will provide the client with leverage at mediation. In short, do not close your eyes and pick a date on the calendar. Think strategically when selecting a mediation date.

4. Prepare Yourself. It goes without saying that you must know the file inside and out for mediation. If you are accompanying a senior lawyer to the mediation, you will likely be relied upon to know the details of the file. Often times, we over prepare for issues that never come up during the mediation, but we have never regretted being over prepared. Identify the key documents or research that you may need and have those readily accessible either in hard copy or electronically. These may include documents you have not produced in discovery that you are willing to share for mediation only, such as the financial documents of your client, particularly if you are arguing that your client is unable to fund a settlement. If the file is too large to bring to the mediation, or you maintain electronic files, make sure you can access the file remotely or you have someone available at your office to email or fax a document to you. Talk to your colleagues about your case and get their thoughts on potential strategies and settlement ranges. If you are making an opening statement (see #5), prepare an outline of it in advance and practice it. Also plan to

bring your laptop, tablet or other gadget that can easily access your legal research provider in the event the opposing side raises an argument you want to research during the mediation.

5. Prepare Your Client. Meeting with your client prior to the mediation is critical, even if your client has participated in mediation in prior cases. Ideally, you should meet with your client in person a few days prior to the mediation. Some clients may want to prepare over the phone – insist that they meet with you in person by explaining the importance of mediation to their case. Sometimes your client may be coming from out of town and arriving the evening before the mediation or the morning of the mediation. In those instances, schedule a detailed telephone conference prior to the mediation and arrange to meet in person before the mediation starts to go over final questions or other preparation items.

During this meeting with your client, you should explain the mediation process to your client. In some instances, you will need to address routine issues such as what to wear. Will there be an opening session? What will your tone be? Why aren’t you going to storm out at the first insulting offer? Share your strategy and theme and ask the client for additional input. Talk about the opposing party’s mediation statement and ask for your client’s thoughts. Most importantly, discuss your client’s goals, whether they are realistic and how they might be achieved at mediation.

6. Carefully Prepare a Mediation Statement. In our experience, mediations are more productive when the mediator has had the opportunity to review and give thought to the parties’ respective views of the case. Prepare a Mediation Statement to the mediator in advance of the mediation. In the Mediation Statement, emphasize

10 Mediation Tips for Young Lawyers


your strong arguments, abandon or minimize your weak arguments so they do not become distractions. Also, what are the key documents that should be included? Mediation statements should attach copies of your key documents if it will enable the mediator to better understand your case. Avoid attaching unnecessary documents such as copies of invoices if you could easily reference the total in your Mediation Statement. Be clear and concise. Also, if there are issues or facts you need to bring to the mediator’s attention that you do not want in the general brief, consider preparing a “pocket brief”. Most of the time, however, you can simply discuss the matter you want to remain confidential with the mediator prior to mediation or during the mediation session.

7. Call the Mediator (and maybe Opposing Counsel). Prior to mediation, call the mediator, especially if you have never met him/her. This conversation provides the opportunity to give the mediator a “heads up” on issues with client management and other issues you may have elected not to discuss in your Mediation Statement. For example, does your client have unrealistic expectations? Are you unsure how to handle a particular issue in the context of mediation? We have never had a mediator refuse to speak with us prior to mediation and most mediators we have worked with have been more than willing to talk through the foregoing. The key is to be candid – this is not the time for pride or posturing.

As you prepare for mediation, think about whether a joint session is appropriate for the case. Our experience is that clients generally do not want to be in the same room with the opposing party and opening sessions filled with “we’re sorry for your loss” type of sentiments that only solidify the client’s emotions are counterproductive. That being said, there are cases where a joint session may be productive such as when the parties’ positions are not far apart, the emotion meter is low, etc. Therefore, we do not automatically reject the notion of a joint session. Regardless, you should communicate with the mediator and opposing counsel prior to mediation to discuss this issue.

8. Be Prepared to Go the Distance and Reach a Settlement. It is often

impossible to predict how long a mediation will last. Mediations only scheduled for a half day frequently go beyond that time. If at all possible, be prepared to stay as long as needed to attempt to resolve a case, including clearing your calendar of any obligations after 5 p.m. During the mediation, avoid non-strategic extended breaks which slow the momentum of the session. Have lunch delivered and continue working. If a settlement is reached, do not leave the mediation without a signed Mediation Settlement Agreement. Although you may be tired and mentally exhausted, find the energy to focus on the all important task of carefully preparing the Mediation Settlement Agreement. Remember, this is the document that the Court will look to if there is a dispute as to what terms were agreed upon. Bring a template Mediation Settlement Agreement that has the caption and signature lines already set up in addition to the boilerplate clauses and releases on a thumb drive or on your laptop. You will be glad you did this, as it will save a significant amount of time preparing the Mediation Settlement Agreement at the end of the day.

9. Be Flexible, Patient and Creative. Mediation requires a lot of patience in addition to preparation. Opposing parties are also making strategic moves designed to send a message to your client. “Bottom line” offers are often not final. The initial offers are frequently way off target. Try not to react – you know they are coming and you should have prepared your client for them. Offers and counteroffers at mediation are frequently small and take time. Consider the mediator’s advice, but do not be afraid to disagree with the mediator at times. During the breaks, talk to your client about where you are in the process and their perception of how things are going. Try to encourage the client to remain optimistic if there is still a potential to settle. However, always be mindful that the decision to settle at the end of the day belongs to the client. Be thoughtful of the words you choose when summarizing an offer for the client and the risks and fees/costs if the case continues. Sometimes it is necessary to continue a mediation to provide a party the opportunity to think about a settlement offer. In that event, still get the terms that are on the table in writing and the agreed

upon window to accept them. Also, think creatively. You will be surprised how often a case that seems to be purely about money settles with non-monetary agreements between the parties, such as an apology or payments directed to a charity rather than the plaintiff.

10. Post-Mediation Follow-Up. Finally, after mediation, call the mediator for constructive feedback on how you handled the negotiations. Most of our mediators are experienced trial counsel and/or retired judges. Their observations and feedback will help you improve your skills for the next mediation. Then share what you’ve learned with your peers. Good luck at mediation!

Iurillo & Associates, P.A., located in 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.

It is no secret that mortgage foreclosure filings have increased dramatically in recent years, clogging the court dockets

and putting increased pressure on court resources. As of December 31, 2012, there were 28,922 foreclosure cases pending in the Sixth Judicial Circuit, with 15,330 mortgage foreclosure cases having been filed during that year.1 This phenomenon is not unique to our circuit and has garnered statewide attention. HB 87, Chapter 2013-137, Laws of Florida, became effective on June 7, 2013, and updates procedures for processing both residential and commercial foreclosures. This state law was quickly followed by the Sixth Judicial Circuit’s Administrative Order No. 2013-026 PA/PI-CIR, which provides a mortgage procedures update, with changes effective July 1, 2013. The changes at the state and circuit level are aimed at decreasing the time that foreclosure cases linger in the court system.

This article provides some of the highlights of HB 87, Chapter 2013-137, Laws of Florida, and Administrative Order No. 2013-026 PA/PI-CIR:

1. Changes to Statute of Limitations in Florida for Deficiency Actions. Perhaps of greatest interest for those attorneys representing the plaintiffs in residential foreclosures is the shortening of the statute of limitations to one year for actions to enforce a claim of a deficiency related to a note secured by a residential mortgage.

2. Changes to Mediation Procedures in Sixth Circuit. Prior to July 1, 2013, the Sixth Circuit utilized an “opt out” program for mediation for residential foreclosure cases. That is, all residential mortgage foreclosure cases that met certain criteria were automatically referred to mediation and parties had to take affirmative action to “opt out.” This system has now changed to an “opt in” program, whereby there is no automatic referral to mediation, and a party who wishes to participate in mediation must file a motion for mediation. The Administrative Order recognizes that mediation is more likely to be successful in those cases in which there are

willing participants. Despite the new choice as to whether to mediate, Chief Judge McGrady still recommends that those defendants who have had foreclosures filed against them do participate in mediation (especially in cases where they have had difficulty otherwise communicating with the lenders).2 Mediation Managers, Inc., the independent, not-for-profit corporation selected by the Foreclosure Program Manager for the Sixth Circuit’s managed mediation program, will continue to assist in processing those residential foreclosure cases that are referred to mediation. Commercial foreclosure cases referred to mediation will continue to be managed by the Circuit Civil Mediation Program.

3. Changes to Forms for Filing in Sixth Circuit. The Appendix to Administrative Order 2013-026 PA/PI-CIR provides new forms that must be utilized for the various filings in a foreclosure case. These new forms incorporate changes that have resulted from HB 87, Chapter 2013-137, Laws of Florida. For example, the new state law requires that, in order to expedite the foreclosure process, a complaint that seeks to foreclose a mortgage or other lien on real property secured by a promissory note must contain affirmative allegations that the plaintiff is the holder of the original note secured by the mortgage or allege with specificity the reasons the plaintiff is the person entitled to enforce the note. The new complaint forms have integrated this new requirement. Be aware that the Administrative Order requires the use of the new forms – as of July 1, 2013, you must not submit any filings using old forms.

4. Scheduling in Sixth Circuit. For the fiscal year that began on July 1, the state allocated $9.5 million to Florida courts, of which the Sixth Circuit received $775,000.3 While none of this money is allowed to be used to hire additional judges, the circuit can use the funds for additional senior judge days and additional case managers and magistrates.4

The Administrative Order provides that case management conferences, motions for summary judgment, and non-jury trials in residential

mortgage foreclosure cases will generally be scheduled before a Senior Judge or Magistrate, whereas any other matter should be set on the calendar of the assigned judge. All commercial foreclosure cases are to be scheduled on the calendar of the assigned judge.

Outside of the Administrative Order, there is another noteworthy change in scheduling procedures. Effective September 1st, Judge Thomas Minkoff’s court dockets and calendars will consist exclusively of those foreclosure cases filed prior to January 1, 2013. Judge Minkoff’s existing civil cases will be distributed to other Civil Division judges so that he can devote his time to helping to clear foreclosure cases from the docket. A similar system has been instituted in Pasco County since the beginning of this year.

A full detailed review of HB 87, Chapter 2013-137, Laws of Florida, and Administrative Order No. 2013-026 PA/PI-CIR is beyond the scope of this article, so I strongly encourage anyone practicing in this area to read both carefully in their entirety, if you have not already done so. The Administrative Order and all attachments in the Appendix may be accessed at http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2013/2013-026w-attachlistforweb.htm. A copy of HB 87, Chapter 2013-137, Laws of Florida is available at http://laws.flrules.org/2013/137.

Erica K. Smith practices at Fisher & Sauls, P.A. in the areas of Wills, Trusts, and Estates and Local Government Law. She is the outgoing chair of the Real Property Section for the 2012-2013 Bar year and incoming Young Lawyer Chair for the 2013-2014 year.

1. Administrative Order No. 2013-026 PA/PI-CIR, Sixth Judicial Circuit, available at http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRule s /ao s /ao s2013/2013-026w-attachlistforweb.htm.

2. Press Release from Sixth Judicial Circuit, “Pinellas Establishes Court Section to Work Only on Backlogged Foreclosure Cases,” June 20, 2013.

3. Id.

4. Id.

By Erica K. Smith

Changes in Local Foreclosure Proceedings



“Animal law involves much more than the laws addressing the rights of our pets,” says

Stetson Professor Peter Fitzgerald, who teaches animal law at Stetson. He says the study of animal law is booming, with approximately 146 law schools offering courses in the subject in both the U.S. and Canada. “The largest single area where animal welfare needs to be improved, and can be improved, is in the agricultural area.”

In fall 2012, Professor Fitzgerald served as a visiting academic advisor to the Law Commission of England and Wales, assisting with their wildlife law reform project for Parliament. This is the first time an American law professor has served in this capacity at England’s principal law reform agency. Additionally, he has lectured at Cambridge University’s Centre for Animal Welfare and Anthrozoology in the Department of Veterinary Medicine, as well as at the Scottish Agricultural College, the law faculties of both Edinburgh and Cambridge, and before the Society of British Legal Scholars.

He saw during his work overseas that the European Union is far ahead of the United States in the area of animal law. “The E.U. has formulated an animal welfare strategy that is heavily focused on the treatment of not only agricultural animals, but other animals as well.” He added that the new constitution for the European Union specifically states that animals are “sentient beings.” The European Union officially recognizes animals as “sentient” in the sense that they are able to feel and suffer.

Professor Fitzgerald is also the author of a new book, International Issues in Animal Law: The Impact of International Environmental and Economic Law upon Animal Interests and Advocacy, the first text focusing directly on the complex interaction which occurs between domestic animal law

and various international regimes such as the Convention on Biological Diversity or the World Trade Organization.

It is easy to spot Professor Peter Fitzgerald on the Stetson Law campus in Gulfport. He is usually with Duncan, Dora, or James, his special golden retrievers. Fitzgerald and his wife, Susan, have been active with Golden Retriever Rescue of Mid-Florida for the last 15 years, adopting and fostering dogs. As an international commercial law expert focusing on international animal welfare

issues, Fitzgerald discovered a way to blend his personal interest in animal rescue with his academic interests. Duncan, Dora, and James are all former rescues, which he trained to be registered therapy dogs.

Duncan was rescued a day before he was scheduled to be euthanized, Dora came back with him from Scotland after his last sabbatical, and James joined the pack last year.

Peter and Susan Fitzgerald helped to establish Stetson’s therapy dog program to help students manage stress during exams. Registered therapy dogs and their handlers are available in the Dolly and Homer Hand Law Library during exam periods. Students cheerfully crouch on the library floor to interact with Fitzgerald’s golden retrievers and other registered therapy dogs.

“Trained therapy animals and handlers provide help in a wide range of settings including hospitals, hospices, disaster sites, schools, shelters and many other places,” said Fitzgerald. He gave a recent example of the therapy dogs used to provide comfort to the Boston bombing victims and the use of dogs in the courts to assist witnesses with difficult testimony, especially in cases involving children and elder abuse. Stetson Law’s Student Animal Legal Defense Fund annually hosts a panel discussion about the evolving area of animal law.

Prior to joining Stetson’s faculty, Professor Fitzgerald spent 15 years as in-house counsel with IBM in Washington, D.C., New York, and Paris. He also served as a member of the U.S. Naval Reserve Intelligence Program and as an adjunct at George Washington University Law School. He was recruited to Stetson to teach international law courses focusing on international business transactions, contracts, and commercial agreements. He is a recipient of Stetson’s Golden Apple Teaching Award, the Homer and Dolly Hand Award for Excellence in Faculty Scholarship, and the Outstanding Faculty Service Award. For more information about Stetson’s Animal Law programs and Professor Fitzgerald’s work, please visit www.law.stetson.edu/fitz.

By Chris Pietruszkiewicz, Dean, Stetson Law


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 Eric E. Ludin, Foundation President

As I begin my term as President of the St. Petersburg Bar Foundation (again) I find myself reflecting on what I have

already accomplished and asking why I would continue to take on responsibilities like this. Haven’t I done enough? Shouldn’t I be focusing on other activities outside of the Bar?

I first became involved in the Bar about 25 years ago, as a young lawyer serving on committees, later chairing them and then serving as an officer. I was honored to serve as Bar President and then the Bar Foundation President. I appreciate that I have never regretted one minute of time devoted to this work. Bar work does not pay money, but the return on investment is far in excess of any amount you could wish to charge.

What is your return on investment?

1) By doing work for the Bar you create relationships. What better way to meet lawyers than in the non-adversarial setting of Bar events? One young member of my law week committee, Charlie Crist, later became Governor of Florida. One young lawyer, John Tucker, who served as Bar President after me, became my law partner. I would likely not have developed friendships with either of these

people had it not been for my Bar work.

2) Your new relationships can result in referral business. You should not choose to volunteer for the Bar if your primary reason is to develop referral business. If you did that, it would be obvious to those you are working with that your motivation is far from altruistic. But, if you volunteer for the right reasons, you will likely find that the relationships you develop and contacts you make may lead to referral business. Most Bar leaders will say that the best years for their practice were during their terms.

3) Your work will give you immeasurable personal satisfaction. When I look back on my greatest professional accomplishments, I rarely focus on the money I made doing it. In fact, the money is often fleeting while the sense of accomplishment stays with you forever. The St. Petersburg Bar and Bar Foundation does work to improve the quality of life for our members and the community that we work in. We do not whine about the image of our profession. We improve it. If you do work with the bar, you gain the satisfaction of knowing that you contributed to fulfilling a mission worthy of your limited time.

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 of and access to the judicial system. Since it was founded in 2002, the Foundation has become the landlord for the St. Petersburg Bar Association purchasing the office building that it now leases to the Bar. The Foundation has several annual events to raise money to help fulfill this mission. These include the progressive dinner, Heroes Among Us dinner event and the Rays’ Baseball Game event. It allocates thousands of dollars annually to fund scholarships and legally related educational opportunities. It provides allocations to the Community Law Program and other praiseworthy organizations. The work of the Foundation is pretty serious, but we have fun doing it.

If you would like to join us, please let me know. We need your support both in terms of time and money. My decision to continue service to the Bar was an easy one and I am enormously excited to serve another term. If you have yet to volunteer yourself or feel that you have been disconnected from the Bar for a while, now is the time to get involved. You will never regret it!

Thoughts About Service to the Bar


Society continues to be in the midst of uncertain, economic times. Budget cuts and decreased

spending have been a reality for a lot of businesses, including law firms. The cost of membership in the St. Petersburg Bar Association Lawyer Referral Service (LRS) should not be one of the cut costs. It, in fact, can be one of the ways to boost your outreach to potential clients. If you are not already a member of LRS, it is not too late to join! If you have not joined or let your membership lapse, this is an invitation for you to become a member.

Membership in LRS is open to all lawyers in Pinellas County who are in good standing with The Florida Bar, and each member must maintain and provide proof of professional liability insurance of no less than $100,000.00. The membership dues are only $100.00 per year for St. Petersburg Bar Association members, and it is waived for the first year for first-time members of the St. Petersburg Bar Association.

The St. Petersburg Bar Association’s LRS serves southern Pinellas County, and it provides a public service to the community by referring callers to an attorney who practices in the area of law needed for the individual caller’s legal issue. Each year it responds to thousands of callers. It is staffed during business hours, Monday thru Friday, from 10:00 a.m. to 2:00 p.m., but there are no attorneys on staff to answer legal questions. After discussing the facts of the case with the person at LRS, the caller is provided the name and contact information of an attorney within the caller’s needed practice area. If a referral to a social agency is appropriate, LRS can also provide that. The caller is able to obtain a 30-minute consultation

at the office of an attorney who practices in the suitable area of law, for a $50.00 fee. However, there is no fee for the following areas of law: bankruptcy, malpractice, personal injury, social security, and worker’s compensation cases. LRS accepts credit cards and other forms of payment for the consultation fee, and the fee goes towards operating the LRS, not to the consulting attorney. If the attorney is retained and collects a fee over $100.00, the attorney will return 10% of the fee to LRS to fund its operation and advertising, and the rebate is 10% of any fee collected over $1,000.00 in social security disability insurance benefits and supplemental security income cases.

As a brief overview of the areas of law covered by LRS, the following are some of the practice areas: personal injury, medical malpractice, products liability, bankruptcy, business law, civil rights, consumer, creditor/debtor, criminal defense, employment, estate planning, probate, family law, landlord/tenant, real estate, worker’s compensation, and social security disability/ssi. Each LRS member is allowed to pick up to twelve (12) practice area panels. Moreover, members can update and change their practice areas at any time as their areas of practice change by contacting Marilyn at [email protected] or (727) 821-5450.

LRS would like to take this opportunity to thank all of its current members, and we look forward to any and all new members that join. If you would like to join LRS or have any questions about membership, please contact Marilyn at [email protected] or (727) 821-5450.

Membership in the St. Petersburg Bar Association Lawyer Referral Service


Community Champions

The personal injury law firm of Perenich, Caulfield, Avril & Noyes, P.A. gave back to the community

through their Read & Play Project. Recently, the firm discussed summer safety with the third graders at Clearwater’s Ponce De Leon Elementary School and discussed how they, even at their age, could help prevent bicycle accidents, pool accidents, and car accidents

this summer. The attorneys also discussed the importance of reading and physical activity over the summer. To encourage this, Perenich, Caulfield, Avril & Noyes, P.A. gave each student a book to read and a football, basketball or playground to play with over the summer.

“Having our firm in Pinellas County for nearly 60 years, it is great to be able to give back to our community,” says Matthew Noyes, partner at Perenich, Caulfield, Avril & Noyes, P.A. “Also, showing kids and teachers that lawyers do generous things help shape their image of all attorneys.” “Seeing how interested the kids were about how to prevent accidents was amazing,” Attorney Michael Perenich adds, “the kids seemed to enjoy the talk as much as the books and balls.” Attorney

Klodiana Hysenlika also enjoyed participating in the firm’s Read & Play Project. “It was great to see the joy in the kids’ eyes and to know we were doing something good for the legal community.”

If you have any questions regarding the event, please feel free to contact Matthew Noyes at [email protected]

Giving Back to the Community


By Kimberly Rodgers

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.

In last month’s column, I gave thanks and recognition to all of the attorneys who volunteered a minimum of 20

hours during the calendar year of 2012 to the provision of free legal services to individuals or client groups on behalf of Community Law Program. These attorneys are our organization’s 2013 Lapel Pin Recipients.

In this month’s column, I would like to recognize an equally significant group of individuals and firms, whose philanthropic support made it possible for us to fulfill our mission during 2012. As we are in the midst of unprecedented cuts in funding from our institutional and governmental funding sources, our need for philanthropic support from our local legal community and elsewhere is ever increasing. In addition, in 2012, our board of trustees began a more focused campaign to garner increased financial support from individuals and firms. To recognize these efforts going forward, our board established the donor gift levels described below in an effort to recognize our organization’s generous donors. So, on behalf of our board of trustees, staff, volunteers, and clients we serve, I’d like to thank and acknowledge the following philanthropic supporters of CLP for 2012:

Platinum Legacy of Justice $5,000+Alleghany Franciscan MinistriesSt. Petersburg Bar Foundation

Legacy of Justice $2,500+Finn Law Group, P.A.

Trenam Kemker

Circle of Justice $1,000+Adams and Reese LLP

Baskin FleeceCarlton Fields

Dale Mackenzie GrossLinda PerrigoueRegions Bank

Martin E. Rice, P.A.Scot & Keela Samis

Stetson College of LawTom Ramsberger for Judge Campaign

Traub Lieberman Strauss & Shrewsberry LLP

Justice Leader $500+Worth & Betsey Blackwell

Bruce CrawfordCampaign to Elect Cathy McKyton

Kenneth W. Lark, P.A.

Justice Advocate $350+Scott BrainardRobert ByelickSusan Churuti

DiVito & Higham, P.A.Terry L. Hirsch

Mary EvertzRoss Felsher

Dennis A. Palso, P.A.Paul Hitchens

Michael KiernanAmy Krusemark

Law Offices of Michael Ziegler, P.L.John Karvonen

Michael Stephens

In addition to the generous donors listed here, CLP had a number of “Friends of Justice,” who gave $200+ and

“Supporters,” who gave up to $199 in 2012. Due to space constraints and the desire to provide equivalent recognition to our volunteers in last month’s column who donated 20+ hours of time (which is the pro bono aspirational equivalent to $350), these additional donors will not be listed individually here. Stay tuned, however, to our new website, which is in the process of being re-designed, where we will dedicate a page towards acknowledging all of our donors. We also received a number of in-kind contributions consisting of holiday gift baskets, which we auction off every year in conjunction with the St. Pete Bar’s Holiday Party, as well as other donated goods used to help further our programs and services.

If you haven’t already, you will soon be receiving a letter from CLP’s vice president, Scot Samis, asking for your support of our organization and its efforts, either through becoming a volunteer or making a contribution. Please consider making CLP the object of your charitable giving this year. CLP is oftentimes the last hope for so many defenseless and voiceless citizens in our community, and we need your support to enable us to continue being that one place where they can get the free legal help they need to more effectively navigate the civil judicial system, and in many cases, find peace of mind they so desperately need. For more information, including a summary of CLP’s programmatic achievements for 2012, please contact me at [email protected], or at (727) 582 – 7480.

October 2013 Issue...........Copy must be receieved by noon, July 15th, 2013

November 2013 Issue...........Copy must be receieved by noon, September 15th, 2013

December 2013/January 2014 Issue...........Copy must be receieved by noon, October 15th, 2013

– 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


Hello! I am very excited to be chairing the YLS for the 2013-2014 Bar Year! I am so proud to be

a member of this group of smart, dynamic, hard-working, and really friendly young lawyers. I am lucky enough to know many of you already and am looking forward to the opportunity to meet those I do not already know. As I write this, I am starting to put together committees and volunteers for the various fun and worthwhile events that YLS plans during the year – Holidays in July 2014, Law Week 2014 (which includes committees for the Poster Contest, Law Day Run, Scholarships, and Awards), Judicial Reception, Meet the Judges Luncheon, Oktoberfest 2014, etc. If we have not already spoken and you would like to participate in the planning of

one these fantastic events, please contact me ([email protected]). I would be thrilled to have you on the team!

On July 13th we had our annual Holidays in July event at Sunrise Lanes bowling alley. As usual, this was a really rewarding experience for those of us who volunteered at the event. Over 285 local foster children enjoyed an afternoon of bowling, lunch, and gifts, with a special appearance by Merry Berry. This is my favorite YLS event of the year! If you volunteered this year, thank you. If you didn’t, please consider doing so next year – you won’t regret it! Thank you to the chairs of this event, Jason Moyer and Beth Jenkins Casey, who went above and beyond to make this year’s event the success that it was.

Next we are gearing up for Oktoberfest in (you guessed it) October, so please watch for the coming details. Kristina Feher and Stephen Lewellyn are hard at work to make this another fun evening for all! If you are interested in sponsoring this event or want to volunteer to be part of the Oktoberfest team, please contact Kristina or Stephen for more details.

After having taken a break in July and August, we will be resuming our YLS meetings/socials at 6:00 p.m. on September 18th (and the 3rd Wednesday of the month every month thereafter). Watch for monthly details to find out where each social will be. I hope you’ll come out to join us – and encourage a young lawyer you know to come with you! See you in September!

By Erica K. Smith


What’s Up and Who’s New July/August 2013

Lewis, Longman & Walker has been rated as a leading law firm by Chambers and Partners receiving a Band 1 ranking in environmental law. Lewis, Longman & Walker is one of only three law firms in Florida to receive this top-tier ranking. Results were recently published in the Chambers USA 2013 Guide. Rankings are based on interview with law firms and clients.

Trenam Kemker has been recognized in the 2013 Chambers USA Guide to America’s Leading Business Lawyers. The legal directory cited Trenam Kemker as a “leader in Florida” in the areas of Bankruptcy/Restructuring, Corporate/M&A, Private Equity, and Real Estate. The directory is published annually by Chambers & Partners to assess and rank the leading attorneys and law firms in the United States.

Thirty two Trenam Kemker lawyers were named in Florida Super Lawyers 2013. Included were St. Pete Bar members: Gerald D. Davis, Bankruptcy; Robert C. Decker, Real Estate; Charles M. Harris, Jr., Business Litigation; Michael P. Horan, Bankruptcy; R. Donald Mastry, Real Estate; Marie Tomassi, Appellate; Roxanne L. Fixsen, Business Litigation; and Jeremy M. Walker, Business Litigation. Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. It can be found online at www.superlawyers.com.

Ronald W. Gregory, II, is pleased to announce that he has opened the GREGORY LAW FIRM, P.L. The St. Petersburg offices are located at 3801 Park Street North, Suite # 4, St. Petersburg, FL 33709; (727) 374-9200; [email protected]; http://www.GregoryLaw.net. Mr. Gregory, a former partner with Englander Fischer with AV® Preeminent™ Peer Review Rating from Martindale-Hubbell, continues to represent owner/operator business people in the formation and structure of their entity (LLC, corp., etc); the creation of agreements to protect the interests of business , buy or sell land, lease or build out space (construction). Then if any of those agreements need to be enforced, Mr. Gregory is capable of going into a courtroom to advocate for the business.

NEW & REINSTATED MEMBERS

BERMAN, JOEL JACOB5453 Central Ave.St. Petersburg, FL 33710Phone: 727-822-6313E-mail: [email protected] degree from the University of Miami, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2009. Mr. Berman is an associate with Yanchuck, Berman, Wadley & Zervos, P.A.

CHUMBRIS, STEPHEN C., JR.100 2nd Ave. S., STE 701St. Petersburg, FL 33701Phone: 727-822-2033; Fax: 727-822-1633E-mail: [email protected]. from the University of Central Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2011. Mr. Chumbris is an associate with Fisher& Sauls, P.A.

COPELAND, COURTNIE4919 Memorial Hwy., Tampa, FL 33634Phone: 813-342-2200; Fax: 813-251-1541E-mail: [email protected] degree from the University of South Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in2011. Ms. Copeland is an Associate with Ronald R. Wolfe and Associates, PL.

HANCOCK, AUTUMNP.O. Box 23028, Tampa, FL 33623Phone: 813-221-4743; Fax: 813-221-9171E-mail: [email protected]. from Western Maryland College, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2010. Mrs. Hancock is an associate with Albertelli Law.

HERMAN, DANIEL J.200 Clearwater-Largo Rd. S.Largo, FL 33770Phone: 727-584-8161; Fax: 727-586-5813E-mail: [email protected]. from the University of South Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 1980. Mr. Herman is a partner with Pecarek &

Herman, Chartered.

HUBBARD, NATORIA DENIESE10536 White Lake Ct., Tampa, FL 33626Phone: 727-430-3122E-mail: [email protected]. from the University of South Florida, J.D. from Southern University Law Center. Admitted to The Florida Bar in 2013. Ms. Hubbard is a sole practitioner.

HUGHES, RYAN T.4834 W. Gandy Blvd., Tampa, FL 33611Phone: 239-464-2868; Fax: 813-435-5368E-mail: [email protected]. from The University of Central Florida, J.D. from Phoenix School of Law. Admitted to The Florida Bar in 2013. Mr. Hughes is a partner with The Law Offices of John W. McKnight.

JANES, STEPHEN5404 Cypress Center Dr., STE 150Tampa, FL 33703E-mail: [email protected]. from the University of South Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2011. Mr. Janes is an associate with Oversite.

KENNEDY, PATRICK A.10720 72nd St., STE 305, Largo, FL 33777Phone: 727-214-0700; Fax: 727-475-1494E-mail: [email protected] degree from Brigham Young University, J.D. and M.B.A. from Stetson University College of Law. Admitted to The Florida Bar in 2012. Mr. Kennedy is an associate with Finn Law Group, P.A.

MCGIRNEY, MICHAEL360 Central Ave., STE 1550St. Petersburg, FL 33701Phone: 727-896-4600; Fax: 727-896-4604E-mail: [email protected] degree from LaSalle University, J.D. from John Marshall Law School. Admitted to The Florida Bar in 1990. Mr. McGirney is a partner with Spector Gadon & Rosen, LLP.

MORELLI, ANTHONY


5353 Gulf Blvd. # 403 ASt. Pete Beach, FL 33706Phone: 518-937-3094E-mail: [email protected]. from Rensselaer Polytechnic Institute, J.D. from Albany Law School. Admitted to The Florida Bar in 2011. Mr. Morelli is with the U.S. Navy.

PAOLINO, ERIC JOSEPH6515 Central Ave.St. Petersburg, FL 33710Phone: 727-498-8771; Fax: 727-897-5775E-mail: [email protected]. from the University of South Florida, J.D. from the University of Miami School of Law. Admitted to The Florida Bar in 2008. Mr. Paolino is a partner with Shocklee & Paolino, P.A.

PERENICH, MICHAEL1875 N. Belcher Rd., STE 201Clearwater, FL 33765Phone: 727-741-1835; Fax: 727-797-3667E-mail: [email protected] degree from the University of South Florida, J.D. from Loyola New Orleans College of Law. Admitted to The Florida Bar in 2013. Mr. Perenich is an associate with Perenich, Caulfield, Avril & Noyes.

SMITH, ALLYSON L.5404 Cypress Center Dr., STE 200Tampa, FL 33609Phone: 813-221-4743; Fax: 813-221-9171E-mail: [email protected]. from the University of South Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2009. Ms. Smith is an associate with Albertelli Law.

TRINOSKEY, AIMEE4554 Central Ave., STE ASt. Petersburg, FL 33711Phone: 727-327-3020E-mail: [email protected]. from Ball State University, J.D. from Stetson University /College of Law. Admitted to The Florida Bar in 2002. Ms. Trinoskey is a sole practitioner.

ASSOCIATE MEMBERS

CRIST, GREG10720 72nd St., STE 305Largo, FL 33777Phone: 727-214-0700; Fax: 727-683-9571E-mail: [email protected]. Crist is a staff person with Finn Law Group, P.A.

STUDENT MEMBERS

KOULIANOS, MIKE N.Phone: 727-946-4673E-mail: [email protected]. from the University of Tampa, J.D. from Florida State University School of Law. Mr. Koulianos is a law school graduate waiting to take the Bar exam.

SHIH, JONELL-ANTHONYPhone: 727-238-1440E-mail: [email protected]. from York University. Currently attending Stetson University College of Law.

WAPOLE, COLLEENPhone: 847-769-0047E-mail: [email protected]. from Washington University. Currently attending Stetson University College of Law.

WRIGHT, BYRON, IIIPhone: 727-204-3760 E-mail: [email protected] degree from the University of Central Florida. Currently attending Florida State University College of Law.


Classifieds

PINELLAS PARK – 5223 Park Blvd. Two renovated second floor offices with connecting door totaling 800 sq. ft., Includes shared: signage, parking lot, lobby, kitchen, restrooms, conference room and server/phone room, $695 plus shared electric. Call John Della Costa 727-631-5900.

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! Ali Curtis 727-898-7210.

OFFICE SPACE – ST. PETE GATEWAY: Upscale professional office approx 1140 feet 4th Street & 96th Avenue, N. Great for legal, accounting, etc. Phone and network wired, full bath with shower. Move in ready! $1200mo flexible lease terms. Get floor plan, pictures 727-577-3636 [email protected].

Office Space:

St. Petersburg Bar Foundation

2013 EVENING WITH THE RAYSTampa Bay Rays

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Presenting Sponsor

Gold SponsorsThe Bank of Tampa

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