Paraclete - The Magazine For The Legal Professional · responsibility dictates that the Paraclete...

BAR ASSOCIATIONFebruary 2010 www.stpetebar.comSt. Petersburg

Paraclete - The Magazine For The Legal Professional

CelebrateDiversity

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 Association

4701 Central Avenue, Suite B

St. Petersburg, FL 33713

Phone: 727.823.7474 • Fax: 727.823.8166

E-mail: [email protected]

Lawyer 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 Director

D. C. "Chip" Collins 727.823.7474

[email protected]

Editor

Jowita Wysocka 727-822-7750

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Associate Editor

Carin Constantine

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Paraclete Advertising

JoAnn Knight 727.823.7474

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Features–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6 From the Editor: The Diverse Definition of Diversity - By Jowita L. Wysocka

8 Dispelling the Immigration Myth – By Arturo R. Rios

10 The Diversity of Personalities: What Type are You? – By Tara Scott

12 Preparing the Plan – How to Create an Effective Marketing Strategy – By Jim Thaler

14 Slow Down! An Analysis of Whether Traffic Tickets Are Discharged in Bankruptcy – Camille J. Iurillo and Sabrina M. Beavens

16 Judicial Profile: Circuit Judge Thomas H. Minkoff – By Elise B. Minkoff

18 The Importance of Mediation in Difficult Economic Times – By Kimberly Phillips Todd

20 Florida Supreme Court Subjects Lawyer Websites and Other “Internet Presences” to Bar Regulation in 2010 – By Joseph A. Corsmeier

25 Are You the St. Pete Bar’s Biggest Loser? – By Peggy Senentz

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

11 Clerk’s Corner

17 Bar and Court News

21 Section Meetings

32 Holiday Party

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

4 President’s Message

22 St. Petersburg Bar Foundation

24 Stetson Review

25 Young Lawyers’ Corner

26 Community Law Program

28 What’s Up and Who’s New

30 Classifieds

Paraclete: The Spirit of Truth February 2010

www.stpetebar.com Paraclete – February 2010 3

4 St. Petersburg Bar Association www.stpetebar.com

President's Message

A rare hand-addressed letter arrived at home the other day. All it took was a fleeting glimpse of the front

of the envelope to see the distinctive cursive writing in that wonderful blue ink – a welcome change from the preprinted, black-and-white labels to which we have all become accustomed. I quickly grabbed it from the stack of mail and rushed off to a quiet corner. After making sure someone else was around to answer the phone and finding a comfortable chair with plenty of light, I found a loose edge of the flap and began a careful tear.

What could this be? Who could it be from? Sure, the return address would reveal the sender (and possibly the contents) but the surprise was within - just waiting to jump out! It must be an invitation to something. The shape of the envelope was a dead giveaway. It was slightly larger than a typical ‘Thank You’ card and significantly smaller than those pesky bills. Another thing is that it was “puffier” than most envelopes. Maybe it also contained directions to some fabulous ball or a cook-out in the country. I pulled the hand-written card from the envelope and as quickly as excitement mounted with the arrival of this unique correspondence, it deflated. “Elizabeth,” I said “It’s for you.” Why is it that 10 year olds get all the great mail while we adults are stuck with invitations to join AARP and change car insurance companies?

The message this month is an open invitation to each and every one of you to

become involved in the St. Petersburg Bar Association. Certainly a hand addressed invitation would be preferable but fiscal responsibility dictates that the Paraclete is the most affordable delivery method. Please know that this invitation is offered with the same sincerity as if it were handwritten by yours truly (honestly, you can probably read this better than if I had written it by hand).

The invitation to you can be read several different ways. First, you are cordially invited to attend the March membership lunch. We are very pleased and honored to have two wonderful guest speakers: Jesse Diner, President of The Florida Bar, and Adele Stone, President of The Florida Bar Foundation. In addition to their presentations, you can enjoy the company of your fellow members and catch up on things.

Second, you are also invited to attend any of the many section, committee and social events offered by the Bar. Check out the online calendar at www.stpetebar.com for upcoming meetings and CLE programs. Don’t forget to put the Law Day events on your calendar as well. From speaking opportunities at local schools to the Law Run, this year is sure to be fun, fun fun.

Third, and perhaps the main reason, is an invitation for you to share your ideas and/or leadership abilities with the St. Petersburg Bar Association. Elections will be coming soon and the Bar is always looking build upon our successes. Your thoughts and

ideas for a section, a committee or for the overall Bar leadership are always welcome. Likewise, your time and talent is welcome!

Please let us know if you have an interest in becoming involved in Bar leadership as a Section Chair, a Committee Chair, a member of the Executive Committee or any other Bar leadership position. The President appoints individuals as Section and Committee Chairs, as well as those individuals who serve on certain committees. If you have an interest in a Section or Committee, email your name and interest to me at [email protected] and I will gladly pass the information along to John Biesinger, our President-Elect.

The St. Petersburg Bar Association has a nominating committee that gathers names of individuals for the elected offices. These positions include three positions on the Executive Committee, a Secretary and a President-Elect. Again, email your name and interest to me and I will gladly pass the information along to the nominating committee.

Invitations come in many different forms. Whether you receive a hand-written one or one tucked into a magazine, they both serve the purpose of informing you of an event. Please know that this invitation is personally addressed to you. You can help out the Bar by becoming an invitation source and inviting some friends to a Bar function. The personal touch is always best. Have a great year!

By Jim ThalerAn Invitation…

February 2010M 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

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The nature and scope of diversity is as varied and expansive as the term itself. Merriam Webster online

defines the word as follows:

di•ver•si•ty: n. 1: The condition of being diverse : variety; especially : the inclusion of diverse people (different races or cultures) in a group or organization <programs intended to promote diversity in schools>; 2: an instance of being diverse <a diversity of opinion>. 1

Isn’t it helpful when the dictionary tries to define a word simply by using it as another part of speech? It’s like explaining to a non-lawyer that a litigator is one who litigates.

Skim through any government or academic institution’s anti-discrimination policy, and you’ll find that the scope of the term diversity extends far beyond race and ethnicity. I perused the U.S. Equal Employment Opportunity Commission (EEOC) website and found a number of employment discrimination categories, including age, disability, gender, pregnancy, race/color, religion, genetic information . . . wait . . . genetic information? This piqued my curiosity.

Browsing further, I learned of the Genetic Information Nondiscrimination Act of 2008, which took effect on November 21, 2009. Title II of the Act, which bears the catchy acronym GINA, makes it illegal to discriminate against or harass employees or applicants because of their genetic information, including individual and family medical history and genetic testing, which may be used to determine a person’s predisposition to a disease, disorder, or condition.

Aside from federal law, a number of states have recognized additional grounds for discrimination actions, including sexual orientation and marital status.

The various categories of discrimination under federal and state law seem to form the primary basis of promoting workplace diversity, but the new genetic information category made me consider the future of such initiatives. If the notion of diversity in an office or academic setting is no longer limited to external factors such as how we look and from what part of the world our ancestors originate, and it now extends to our spiritual beliefs and genetic/medical information, how far are employers

willing to go to achieve a truly diverse workforce, and what is their primary motive for doing so? Is it legally driven to prevent discrimination and comply with affirmative action laws; is it to recruit more qualified workers; or is it to attract clients through public relations?

Whatever the underlying purpose, workplace diversity enhances our country’s reputation as a melting pot of cultures and beliefs . . . though I like to think of it more as a salad than a melting pot, with each ingredient retaining its own identity yet contributing to the flavor of the dish as a whole.

Jowita Wysocka is admitted to practice in Massachusetts, New York, and soon Florida. She is the founder of Artful Attorney, LLC, which provides legal writing as well as marketing services, and Florida Lawyers for the Arts. Jowita is also Vice President of Community Law Program’s Board of Trustees. To contact Ms. Wysocka, call 727.823.5809 or email her at [email protected].

1 www.m-w.com.

From the Editor:

The Diverse Definitions of Diversity

By Jowita L. Wysocka


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On December 15, 2009, Congressman Luis V. Gutierrez (D-IL) introduced the

Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP) in the U.S. House of Representatives. The media will soon inundate us with news about the immigration debate. The factions that oppose comprehensive immigration reform will surely revive many erroneous myths about immigrants. So, let’s set the record straight, and dispel those myths, because the time is ripe for comprehensive immigration reform.

Myth: Undocumented immigrants don’t pay taxes.

Fact: Undocumented immigrants comprise approximately five percent of our country’s workforce, and nearly three-quarters of them pay federal and state income taxes, along with Social Security and Medicare taxes. They also pay sales and property taxes. The tax contributions of immigrants are very evident. In 2005, the Social Security Administration concluded that undocumented immigrants contributed an estimated $520 billion to the Social Security system. At the state level, undocumented immigrants still pay more in taxes than they use in public services. Moreover, immigrants will be subsidizing Social Security benefits for the many baby boomers nearing retirement. Under CIR ASAP, the percentage of immigrants who contribute to our coffers will increase exponentially, which will play a hefty role in shoring up our teetering Social Security system, and will provide a fiscal windfall for U.S. taxpayers.

Myth: Deporting all the undocumented immigrants is the only fix to our immigration problems.

Fact: According to the American Immigration Lawyers Association and the Center

for American Progress, deporting anywhere from twelve to fifteen million undocumented immigrants from the United States would cost an estimated $230 billion and result in a shortage of 2.5 million workers. Moreover, such a draconian, and simply un-American, action would only serve to separate families, destroy many industries, and would not truly address the fundamental problems of our immigration system.

Myth: Undocumented immigrant workers stifle American wages.

Fact: A vast majority of economists agree that immigrants actually increase economic productivity and the wages of American workers. In 2007, the White House Council of Economic Advisers concluded that roughly ninety percent of native-born workers experience wage gains due to immigration, totaling between $30 billion and $80 billion per year.

Myth: The Government spends billions on welfare for undocumented immigrants.

Fact: Undocumented immigrants are not even eligible to receive welfare benefits. As a matter of fact, legal permanent residents are severely limited when it comes to the benefits they can receive. They must pay into the Social Security and Medicare systems for about 10 years before they are eligible to receive retirement benefits. Furthermore, the percentage of U.S. born children of immigrants – documented and undocumented – who are eligible for federal assistance is declining.

Myth: Undocumented immigrants are more likely to commit crimes than American citizens.

Fact: A 2007 study by the University of California, Irvine, found that, among men ages 18-39, which comprise the majority of the U.S. prison population, the

incarceration rate for U.S. born inmates was five times higher than the incarceration rate for immigrant inmates.

Myth: Immigrants don’t assimilate into U.S. society.

Fact: States with a long tradition of immigration, such as California and Florida, report that immigrants do learn English and climb the socio-economic ladder over time, with each successive generation closing the income and education gap between themselves and native-born Americans.

We live in very difficult times. Our economy is flailing, we are battling wars on many fronts, our health care system is in dire straits, and our future is fraught with challenges. Our immigrants pay their taxes, they are law abiding citizens, they do not drain our resources, and they embrace our culture and values with great fervor. Deporting our immigrants can only lead to even further social and economic strife, because in this time of major economic downturn, our saving grace may very well lie with our immigrant population. We are a Nation of immigrants, and Liberty’s torch must continue to serve as a beacon of hope, liberty, and freedom. We cannot let false myths deter our immigrants’ resolve, for their successes strengthen us, and their dreams reinforce the very values that forged our Nation.

For more information, please visit www.aila.com or

www.americanimmigrationcouncil.org.

Arturo R. “Art” Rios, graduated from Stetson University College of Law, and went on to obtain an LLM in Trial Advocacy at Temple University. His St. Petersburg based practice focuses solely on immigration law and deportation defense.

Dispelling the Immigration Myth

By Arturo R. Rios


As a society, we normally think that we are very diverse and able to interact with those that

are different than us. However, until confronted with a situation, we may not realize we are not as open and accepting as we may think. This issue not only comes up in the areas of race, gender, and culture….but differences in personalities.

I realized a few years into my legal career how important it is to learn and understand the personality types of those you interact with, both home and office. In law school, a professor introduced me to the Myers-Briggs Personality Test. This test identifies four basic differences in personalities, which calculates into sixteen possible outcomes. The four differences are: Extrovert vs. Introvert; Sensing vs. Intuition; Feeling vs. Thinking; and Judging vs. Perceiving.

When I took the test, I was an “INTJ”: Introvert, Intuition, Thinking and Judging. This type of personality is described as independent, original, analytical, and determined. We have an exceptional ability to turn theories into solid plans of action and have very high standards for our performance and the performance of others. This sounds wonderful, until you see the weaknesses of this personality type. Unfortunately, this personality can be seen as rigid, unfeeling, and insensitive for those who possess other types of personality traits.

After practicing a few years, I visited the Myers-Briggs Personality Test again. My review of the types of personalities this time became important to the success or failure of my law practice. I say this, because prior to revisiting the different types of personalities, I had been told

on many occasions by human resource directors that I needed to be more involved with the personal lives of those I worked with and to take the time to invest in them as people. When I first heard this, my reaction was not an attitude of understanding and acceptance. I felt that work was work and when at work, we should focus on work. I would get so aggravated having to make sure I said “good morning” to those I saw on my way to my office. My mind was already working in the car on the way to the office and still working as I walked to my office.

However, after I went through two assistants in one year, I had to take a good look at myself. It was at this time that I took a good look at the differences in personalities and the way we perceive others who are not like us or act like us. I realized after my study that I was normal, but, in order to co-exist and work well with others, I needed to modify my interactions in order to get the results I wanted in the office. I began to be more observant of those I worked with in order to determine his/her personality type. I also took the step to educate those I worked with of my own personality. I am still amazed of the faces of understanding

I witnessed when I read the description of an “INTJ”. It was like a light bulb went on!

Once I made these efforts, I was able to communicate in a way that was not offensive to the other person. Further, my continued effort to work with the different personalities of my co-workers and not against them had benefits I did not suspect. I saw an increase in productivity and loyalty from those who worked with me. Therefore, when I decided to change my ways and start understanding others and taking the time to teach others about my own personality, I received the greatest benefit.

If you have not taken a serious look at the diversity of personalities, I would highly recommend some research be done. As in every area of diversity, understanding others is the key to living and working in a peaceful environment. If we choose to stay ignorant of the differences between people, this will only lead to continued friction and animosity. Although my experience shared above was not a major incident, it could have developed into a continued problem and negative impact on my law practice.

Tara Scott Metellus is the managing attorney of Law Offices of Tara J. Scott, P.A. We assist clients in the areas of Bankruptcy, Foreclosure Defense, DUI/Traffic, Criminal, Immigration, and Family/Marital Law. The vision for the law firm was not only to provide legal representation, but to provide hope and a positive word in time of tribulation.

By Tara Scott

The Diversity of Personalities:What Type are You?

Severe budget cuts suffered by the Clerk’s office this past legislative session have necessitated the following

policy changes, which will become effective January 1, 2010.

No more than five new cases at a time per any one individual, law firm or process server will be processed as same-day service. In addition, the five or less cases submitted must be received by the Clerk’s office before 3 p.m., for same-day processing.

If six or more cases are filed simultaneously or if cases are filed after 3 p.m., the processing wait-time will be between 24 to 48 hours.

The Clerk’s office will no longer prepare and submit for publication Notices of Sale in Mortgage Foreclosure cases. It will be the responsibility of the plaintiff to complete and submit the Notice of Sale directly to the newspaper and provide the original to the Clerk for filing, along with an affidavit of proof of publication. The plaintiff will also be responsible for submitting Notices of Sale for publication pursuant to Orders rescheduling sales on or after January 1, 2010.

In an effort to assist with Notice of Sale requirements and the commonly used publications, the following information is provided:

o Notices must be prepared in accordance with F.S. 45031, section 2.

o Property description must match exactly the description in the Final Judgment

o Sale date and location must be included. (This information is in the docket listing on the Clerk’s office website, http://www.mypinellasclerk.org.)

o Plaintiffs must check the Clerk’s office website for any documents, such as a bankruptcy or an Order vacating sale that would prevent the sale from taking place.

o Notice of Sale must be filed with the Clerk’s office by the plaintiff

o Commonly used publications are:

• Gulf Coast Business Review – Legal Department Deadline: 4 p.m., Tuesday Contact: Mark or Amanda Scott Phone: 727-447-7784 Fax: 727-447-3944 Email: [email protected]

• Pinellas News Deadline: 5 p.m., Wednesday Contact: Tahoma Kristi Phone: 727-894-2411 Fax: 727-894-2522 Email: [email protected]

• St. Petersburg Times – Legal Notice Desk Sunday Deadline: 12 p.m., Wednesday ~ Contact: Bob Harry Phone: 727-893-8358 Fax: 727-892-2902 Email: [email protected]

We apologize for any inconvenience these changes may cause. The legislative changes and resulting budget and staff cuts have required the Clerk’s office to streamline processes in order to maintain the high level of customer service Pinellas County citizens have come to expect. We invite you to contact your legislators with any concerns you may have about how these changes have affected the number of services the Clerk’s office is no longer able to provide.

Clerk’s Corner

Notice of ChangesBy Ken Burke, CPA,

Clerk of the Circuit Court, Pinellas County, Florida



“I love it when a plan comes together.”

No truer words have been spoken when it comes to marketing than those of the master-of-strategy

Colonel John “Hannibal” Smith. Okay, so he may be no master-of-MARKETING-strategy, but Hannibal, played by George Peppard, was always able to utter those words at the end of each episode of the The A-Team. Hopefully you will also find that same satisfaction at the conclusion of this article and those that follow.

The principles that will be covered in this series of articles are applicable to both a law practice and you personally. Whether you are trying to find a position or advance within your current organization, you can utilize these strategic tools for personal gain. Substitute yourself for each reference to a ‘practice’ and slightly adjust the questions to fit your own needs. For example, when asked “Who do I want as a client?” you will want to ask yourself “What position am I seeking?”

In developing a marketing strategy, the following steps will be reviewed: (1) assessing the current state of your practice; (2) setting goals; and (3) developing the appropriate plan; and (4) implementing your plan. This article will focus on the assessment of your practice and preparing to create a plan.

A basic tool to use when assessing your practice is called a TOWS analysis. Traditionally known as a SWOT analysis, this process helps you better understand the Strengths, Weaknesses, Opportunities and Threats of your practice. This exercise gives you insight into your practice that will help you create a more effective marketing plan. Just because a

plan works for one firm, does not mean it will fit another; your practice may need to target a different market or utilize other approaches in communicating your message to potential clients.

A TOWS analysis consists of a brainstorming session where you list those factors that currently influence or could influence your practice. As with most brainstorming sessions, the energy level and enthusiasm are quite high in the beginning. For that reason, it is suggested that you start with the more difficult factors hence the acronym TOWS – Threats, Opportunities, Weaknesses and Strengths. It is easier to list the strengths of a practice and this arrangement leads to reinvigoration of the brainstorming session at the end.

A further breakdown of this analysis reveals both external factors (the threats and opportunities that you cannot control) and the internal factors (the weaknesses and strengths that you can control) that influence your practice.

Threats and Opportunities: It is necessary to understand the external environmental factors that have or can have an impact upon your practice. You generally cannot control these external influences but it is very important to recognize and acknowledge them. Once you have them identified, you are better able to capitalize upon those that are opportunities or implement procedures to defend against those that are threats. Environmental influences include economics, geo-politics, culture, demographics, technology, laws and the government. Also, many organizations include their competition, or the lack thereof, when analyzing threats and opportunities.

Weaknesses and Strengths: The internal influences are those factors over which you have direct control. Existing weaknesses and strengths of your practice are a result of current policies or plans that are in place. Weaknesses should not be viewed entirely as negatives. They are actually controllable opportunities that can be addressed thus enhancing the effectiveness of your practice.

Here is an outline of the TOWS process:

I. External Factors

A. Threats - The external threats to your practice should be addressed proactively and strategically. Ask the question, “What are key threats that endanger my practice?” Threats could include the economic condition of current or potential clients or changes in the law that limits your ability to represent someone.

B. Opportunities – Potential opportunities need to be investigated. A question such as, “What are the major opportunities that my practice might find?” can open new avenues of business. Opportunities include advances in technology that could speed up research or enhance the delivery of services to clients.

II. Internal Factors

A. Weaknesses – Be specific in the weaknesses of your practice, especially in key areas. Once a weakness is acknowledged, establish a plan to remediate it. For example, if you find that you are receiving so many client calls that they are not being returned timely, you may consider redirecting resources (i.e. staff) to handle that issue.

B. Strengths – Identify the strengths

Preparing the Plan – How to Create an Effective Marketing Strategy

By Jim Thaler

of your practice in all areas. The strength of your practice should be reinforced and accentuated. These are the bullet points that you list in marketing materials and the catch phrases you use when asked about your practice.

After completing a TOWS analysis of your practice, you will be able to see

where you need to focus your attention and your resources; it is much easier to promote something familiar (try handling a case where you have not read the file nor interviewed the client). Consider the TOWS analysis a re-introduction to your practice. The next step of goal setting comes easier once you are armed with

insightful knowledge of your practice.

Jim practices Business Law, Real Estate and Estate Planning with the Thaler Law Firm, P.A. and is a visiting Professor in Business Administration at Stetson University School of Business Administration.


Come visit us atwww.veronalawgroup.com

E-Mail: [email protected]

BANKRUPTCY

VERONALaw Group, P.A

Providing Bankruptcy RepresentationTo Debtors and Creditors

Since 1984Jay B. Verona

David L. SchraderJason M. EllisonJohn P. Getting

7235 First Avenue SouthSt. Petersburg, FL 33707

(727) 347-7000Fax (727) 347-7997


Slow Down! An Analysis of Whether Traffic Tickets Are Discharged in Bankruptcy

Facts: Potential client seeks to file a Chapter 7 personal bankruptcy. She tells a compelling story about a

mountain of medical bills incurred during a period of a gap in her medical insurance and an unexpected hospitalization. She has a few thousand dollars of credit card debt as well. Her income is within the “no-questions-asked” range for a Chapter 7, her debts are standard consumer debts and she owns only a few assets with a nominal value. The lawyer asks “Any other debts or assets you have not told me about?” “Nope!” Fees are quoted and the bankruptcy process is explained in detail. The potential client thanks the lawyer for her time and is relieved that her “fresh start” is achievable. She puts on her coat and says “Oh, I did forget one thing. Are traffic tickets dischargeable?” Bells and alarms go off. “How many traffic tickets?” the lawyer asks. “Well, my license is suspended in this state, but I can still drive because my license is issued out of another state (in which the potential client no longer resides) and I still have it. I think I have warrants out after I did not pay tickets in about 6 or 7 states. I am not really sure. Nothing ever happened so I just ignored it.” The potential client consultation just went into overtime.

11 U.S.C. § 523(a)(7) provides that “a discharge under section 727, 1141, 1228(a), or 1328(b) of this title does not discharge an individual from any debt – to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty.” Accordingly, in a Chapter 7 bankruptcy case, the answer is straight forward – the traffic tickets are non-dischargeable.

However, Chapter 13 could be Plan B. Generally speaking, in a Chapter 13

certain fines are still dischargeable. Under § 1328(a)(3) a Chapter 13 debtor who completes all payments under the Plan receives a discharge “of all debts provided for by the plan or disallowed under section 502 of this title, except any debt – for restitution, or a criminal fine, included in a sentence on the debtor’s conviction of a crime.” (Emphasis added). Thus, the key is whether the parking or traffic violations are deemed “crimes” under the state law where the offenses occurred. In some states “crimes” are defined as misdemeanor and felonies and not civil infractions, moving-violations and other categories of offense for which typical traffic tickets are issued.

For example, in Florida, traffic offenses are divided into 2 categories: crimes and civil infractions. Criminal traffic offenses include DUI, reckless driving, leaving the scene of an accident and knowingly driving with a suspended license. In contrast, civil traffic offenses include speeding, running a red light or stop sign, illegal U-turns, failure to yield to emergency vehicles and non-moving violations.

If the fines are non-criminal and therefore dischargeable, the debts are pooled together with other unsecured creditors such as medical bills, credit cards and personal loans and paid a percentage of the total claim amount as provided for in the debtor’s Plan. It is important to note that even non-dischargeable criminal

fines or penalties may still be paid through a Chapter 13 Plan; however the balance remaining at the conclusion of the Plan, which usually lasts 36 – 60 months, will not be discharged. The advantage of paying a portion of the debt through the Chapter 13 Plan is that the automatic stay should stop collection efforts against the debtor such as revocation of their driver’s license or incarceration due to non-payment. Lastly, if the governmental unit does not file a proof of claim (which is not uncommon), the debtor should file one on its behalf so that the pro rata share of the payments is paid to it and the debt reduced. Fed. R. Bankr. P. 3004.

At the end of the day (and a long initial consultation), there was still hope for the potential bankruptcy debtor above whose case at first blush seemed like a run-of-the-mill Chapter 7. However, a significant amount of additional time would be necessary to investigate where traffic fines were outstanding and each state’s definition of a crime. Also, “quick fix” Chapter 7 was not an alternative if the potential client wanted to discharge her traffic fines which were eligible for discharge in a Chapter 13. Of course, a debtor may choose to file a Chapter 7 knowing certain debts are not discharged and deal with those after the bankruptcy. Depending on the amount of the fine and whether there are any additional reasons to consider a Chapter 13 bankruptcy, practically speaking a Chapter 7 may still be the best alternative.

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 and Debtors’ and Creditors’ Rights.

By Camille J. Iurillo and Sabrina C. Beavens

Appointed to the bench this past October, Judge Thomas H. Minkoff currently sits on Court of the Sixth

Judicial Circuit Family Law Division in Clearwater with his Judicial Assistant Jodi Padoll. Judge Minkoff noted, “It was an honor and privilege to have been chosen by Governor Crist to be a Circuit Court judge. The list of nominees was impressive.” Selected from a list of six nominees provided by the Judicial Nominating Committee, Judge Minkoff said, “Any one of us could have been selected by the Governor, so I am deeply humbled by the Governor’s choice.”

Judge Minkoff was born in Woodbury, New Jersey where he lived until graduating from high school. As the grandson of Russian immigrants, he learned the value of work at an early age. Judge Minkoff stated, “My Uncle Victor was a builder and he took both my brother and me on the job site as very young boys. He had us doing odd jobs from pushing a broom to stacking lumber. He taught us that hard work, persistence, honesty, and loyalty are the bedrock of any occupation.”

Prior to attending law school, Judge Minkoff reflected, “My grandfather pulled me aside and told me that in Russia the legal profession was revered and respected. He then handed me two ten dollar bills, which was a lot of money for him, and told me how proud he was of me. I still have that twenty dollars as a reminder of his faith in me.” In 1975, Judge Minkoff obtained his juris doctorate from St. Mary’s University College of Law in San Antonio, Texas. During this time, he clerked for Casseb, Leon, Rogers, Strong and Pearl, a trial practice firm, while completing his legal education in twenty seven months. Judge Minkoff is a member of both the Texas and the Florida Bar Associations.

Upon moving to Florida, Judge Minkoff became General Counsel to Medex Home Health Services and eventually became sole owner of Gulf Coast Home Health Services. As a result, he was actively involved in trials before the Division of Appeals and Hearings for the Department of Health

and Rehabilitative Services, as well as hearings on matters pertaining to Social Security, Medicare Part-B, and Workers Compensation. It was during this time that he learned to do DOAH trials from his friend Howard Ross. When Judge Minkoff sold Gulfcoast Home Health Services to Kimbery Quality Care, it was Florida’s largest privately-owned home health agency.

After over a decade in the home health arena, Judge Minkoff’s practice in corporate law turned to real estate investing, development, and construction. As president and general counsel to several companies, he has overseen many real estate closings, and has participated in the development of land into single and multi-family subdivisions, as well as many commercial real estate ventures.

Prior to his appointment, Judge Minkoff was Of Counsel with the law firm of Deeb & Durkin in St. Petersburg and then he served as interim city attorney for the City of Gulfport where he immersed himself in administrative and municipal law.

In an effort to expand his knowledge and address a community need, Judge Minkoff has volunteered at Gulfcoast Legal Services. In 2006, Gulfcoast awarded him with the Pro Bono Volunteer of the Year Award for Pinellas County. At that time, Judge Minkoff said, “My only objective in all domestic violence litigation is to protect the victim from the fear of and the violent behavior they have been subjected to.” His

civic participation also includes serving as a chair for the Juvenile Welfare Board’s South County Council for many years and has served as a gubernatorial appointee and chariman of the Pinellas County Housing Authority. Additionally, as legal counsel for the Pinellas County Republican Party, he has become well versed in election law. Judge Minkoff has served on the Executive Committee for the St. Petersburg Bar Association, is a Charter Member of the Bar Foundation, and is an occasional contributor to the Bar Association’s Paraclete.

Service to the larger community is a Minkoff family affair. His favorite oldest son Michael is a recent graduate from the United States Naval Academy and is an Ensign attending Nuclear Power School. His favorite youngest son Matthew is in his second year at the United States Naval Academy. Judge Minkoff said, “The boys spent a good portion of their youth doing volunteer work. Both sons have recorded a record number of hours serving the community.” He noted, “Having Elise as their mom, the boys think that community service is just part of what people do.”

Ever mindful of his own responsibility, Judge Minkoff noted, “One of my favorite quotes is from Sir Wilfred Grenfell who believed that ‘the purpose of this world is not to have and to hold but to give and serve.’” Judge Minkoff and his family consider themselves to be truly blessed. Judge Minkoff said, “There is not a day that goes by where I think how blessed I have been to have become a lawyer. It is truly an honorable profession. For me life is simple and can be summed up in three words: God, Country, Family.”

Elise Behnke Minkoff is a business woman and community volunteer. She is on the boards of the St. Petersburg Free Clinic, YWCA of Tampa Bay, and is a gubernatorial appointee to the Juvenile Welfare Board of Pinellas County. She is past president of the League of Women Voters of the St. Petersburg Area. She is a recent recipient of PEMHS’ PACE Award for Outstanding Service in Community Affairs.


by Elise B. Minkoff

Judicial Profile:Judge Thomas H. Minkoff

Bar and Court News

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

The St. Petersburg Association of Legal Support Specialists monthly meetings are held the first Tuesday of each month. The next meetings are:

Date/Time: Tuesday, March 2, 2010 – 5:45 p.m.Speaker: Robert Anders, FRP – President of SPALSSProgram: MotivationLocation: Orange Blossom Catering 220 4th Street North, St. Petersburg

Reservations are required. All legal support staff and attorneys are welcome too. Contact Susan Batchelder for more information at 727-502-8219 or regis-ter by sending an email to [email protected] or call 813-318-5717 and leave your name and a daytime telephone number.

PINELLAS COUNTY PARALEGALS

The Pinellas County Chapter of the Paralegal Association of Florida, Inc., meets on the second Tuesday of each month. There will be no meeting in December. The next meeting is:

Date/Time: Tuesday, February 9, 2010 – 6:15 p.m.Topic: Taking Medicare’s Interest into AccountSpeaker: Danny Alvarez, Esq.Location: Holiday Inn Select 3535 Ulmerton Rd., Clearwater

Paralegals, student paralegals, non-members and attorneys are always welcome. For further information or to make reservations, please contact Cherie Dantzscher at [email protected] no later than five days in advance of the meeting. For more information on the Pinellas Chapter visit the Paralegal Association of Florida website at www.pafinc.org.

ASSOCIATION OF LEGAL ADMINISTRATORS – SUNCOAST CHAPTER

The Association of Legal Administrators - Suncoast Chapter normally meets the second Wednesday of the month. The next meetings will be:

Date/Time: Wednesday, February 10, 2010 – 11:45 a.m.Topic: Roundtable Discussions and Board ElectionsLocation: Feather Sound Country Club 2201 Feather Sound Drive Clearwater, FL

For more information please contact Peggy Baier at 727-796-1000 or [email protected] or visit the ALA website at http://www.alasuncoast.org/ for more information.

February 2010

Date/Time: Tuesday, March 9, 2010 – 6:15 p.m.Topic: Expert WitnessesSpeaker: David T. Tirella, Esq.Location: Holiday Inn Select 3535 Ulmerton Rd., Clearwater

Date/Time: Wednesday, March 10, 2010 – 11:45 a.m.Topic: Electronic Discovery Reference Model (EDRM)Speaker: Clayton MoreheadLocation: The Centre Club 123 S. Westshore Blvd., Tampa



As a Certified Family Mediator and attorney who has been in practice for over thirteen years, I’m hoping

to provide you with some anecdotal and factual information that will contribute to the success of your legal practice in the New Year and beyond. The purpose of this article is to offer some “food for thought” on the importance of utilizing mediation in these difficult economic times.

Did you ever wonder why so many cases are automatically “court ordered” into mediation? For the past 30 years, Florida’s State Court System has dedicated itself to alternative dispute resolution (ADR), as a result we are fortunate to have one of the most comprehensive court connected mediation programs in the country (Reshard, 2007). After comprehensive revisions to Chapter 44, Florida Statutes, on January 1, 1988, “Mediation Alternatives to Judicial Action” was implemented (Reshard, 2007). As a result of this statute, civil trial judges in our circuit now have the authority to refer cases to mediation or arbitration however, as we all know, simply referring a case to mediation does not cause it to settle. Mediation is left to the attorneys and mediators to work together to make the process work.

One might think that it would be more beneficial to a law practice that survives on the “billable hour” to litigate every case besides, we have all heard the rule of thumb that for every hour of trial there is approximately two hour of preparation time. In order to be able to collect our hard earned fees we need clients that can afford to pay them which is not always the case. As a family mediator and in my years of practicing law, a large number of cases that I see are those in which one

or both of the parties have borrowed the initial retainer from a relative or friend. My experience has been that client’s are expecting to get something for the money they have paid especially since, in many cases it is the only available funds they have access to moreover; gone are the days of readily available credit, equity lines and mortgage refinancing. It’s likely that if more money is needed to litigate a case it will need to come from a third party or in the alternative, the attorney will need to accept a payment plan and assume the risk of the client’s ability or willingness to pay after the case is resolved. Unfortunately, there are times the attorney may be forced to make the decision to withdraw, leaving the client, usually unhappy, with unresolved issues and as we all know, unhappy clients are more likely to pursue grievances. It makes sense to consider mediation of certain cases early on if appropriate. Mediating early in the case can save both you and your client money and unnecessary aggravation if you communicate with your client and opposing counsel about the issues in the case and the benefits of early mediation. One of the most surprising things I have observed over the years as a family mediator is the lack of communication attorneys have with their clients and with each other prior to mediation. A phone call made or returned might very well resolve that outstanding issue or discovery that in turn may lead to a

more successful mediation. According to a recent article published by the American Bar Association, “Surprisingly, 10% of malpractice claims stem from poor application of the law, while the overwhelming remainder of claims are a result of poor communications” (Power, 2009). As we all know that ultimately it is the client who decides whether or not there has been enough communication it is therefore important to be mindful of this fact when dealing with their issues. It is a sobering statistic that Family Law Attorneys are in the top five practice areas of the 25 practice areas sued for malpractice according to the American Bar Association (ABA, 2005).

Surprisingly, according to the Compendium from the Dispute Resolution Center in Tallahassee Florida, in the fiscal year 2005-2006, the most recent statistics published, in Clearwater, 989 family cases were referred to mediation 872 of those cases were mediated and only four were resolved (Reshard, 2007). Perhaps these statistics do not take into account “partial resolutions” but nonetheless, these statistics should give us pause to make a concerted effort as practicing attorneys to prepare our cases and our client’s for successful mediation. It may come as a surprise to many of you that according to a recent article published by the Associated Press based on a United States Census report issued in September of this year, divorce rates have slightly risen. According to the article, Pinellas County is one of the three top counties in the nation with the highest number of failed marriages (AP, 2009).

In closing, I would like to offer some observations on some of the recurring issues that stymie the mediation process. Although my observations as a mediator

by Kimberly Phillips Todd

The Importance of Mediation in Difficult Economic Times

are in the family law context, I believe they may also be applicable to mediations in other areas of the law.

1. Showing up unprepared for the mediation. Many times attorneys think that they have sufficient familiarity with the file and that they can use the “down time” at mediation to figure out and go over issues at the mediation conference with their client. It should be noted that most mediations are scheduled for a brief three hour period and therefore there is little time to prepare during the mediation conference. It is also helpful to the process if you can provide a summary to the mediator prior to the mediation with what you perceive are the issues in the case. I have heard from many attorneys that client’s don’t want to pay for the preparation. It’s important to educate your client on the importance of being prepared as it ultimately saves time and money for your client and it is more likely that their case will settle.

2. Failing to prepare your client about what to expect at mediation as you would if you were going to trial. It’s important that the client is educated about the weaknesses of his/her case and is offered realistic expectations about the outcome. As I suggested previously, the majority of malpractice claims result from poor communication with clients. It’s important to take the time to speak with your client about the issues in his/her case

prior to the mediation.

3. Appearing telephonically at other hearings and consulting with other clients during the mediation. It’s important to be present at the mediation and to stay focused on the issues. Any distraction by the attorney or his/her client thwarts the entire process. Although you may think you are being more efficient in your practice, you are providing your client with a disservice as the case is less likely to settle.

4. Having the mind set that mediation is an adversarial process that is equated to trial. This attitude is frequently seen in the opening statements of the parties who may be condescending or disrespectful toward the opposing party or attorney. This tactic may please your client but do little to forward the action of the proceeding and often results in an unsuccessful process where the mediation becomes a series of personal attacks rather than a discussion of the issues of the case.

5. Allowing your client bring a third party to the mediation to offer advice and support. Frequently in family mediation, a boyfriend/girlfriend, angry father/mother will insist on attending the mediation. Unfortunately, most of the time, a third party has their own agenda thus preventing the issues in the case that should be resolved from getting resolved. It’s important to encourage your client to

exclude third parties from the mediation process and if they must attend be sure to inform the opposing attorney prior to the mediation so that no one is surprised by their presence.

6. Scheduling appointments that immediately follow the mediation that don’t give you any extra time to get an agreement signed. As a mediator, I prefer not to schedule mediations back to back. There have been some instances where the parties are very close to settling one if not all of the issues of the case but one of the attorneys has a lunch appointment or consultation and must leave immediately. Although the attorneys may agree that one of them can draw up the agreement later, the case is less likely to settle once the parties leave. It’s important to allow sufficient time to mediate all the issues of the case as well as allot extra time should circumstances require it.

Kimberly Phillips Todd is a sole practitioner in Clearwater Florida and her practice focuses primarily in the areas of Family Law, Business/Corporate Law and Misdemeanor Traffic cases. Prior to that she served as corporate council for Ameri-Life and Health Services in Clearwater, FL and was an Assistant State Attorney under Bernie McCabe from 1996 to 1999. She is also a Certified Family Law Mediator and may be reached at [email protected] or on the web at Kimslegalhelp.com


The Supreme Court of Florida issued a revised opinion November 19, 2009 which significantly amends Bar Rule

4-7.6 related to lawyer websites and other “computer accessed communications” effective January 1, 2010. Among other significant changes, the amendments will prohibit all testimonials, information regarding past results, and statements that characterize the quality of legal services from lawyer websites and other “Internet presences.”

The first significant change is that the definition of computer-accessed communications now includes, but is not limited to, “Internet presences such websites, unsolicited electronic mail communications, and information concerning a lawyer’s or law firm’s services that appears on Internet search engine screens and elsewhere.” This significantly broadens the definition to include the lawyer’s entire website (not just the home page) and a lawyer or law firm’s Internet presence on “Youtube”, AVVO, Internet search engine screens, and elsewhere.

Another significant change is that computer accessed communications will no longer be considered “information provided upon request” and are now subject to all of the requirements of Rule 4-7.2.

In addition, amended Rule 4-7.6(d) states that “[a]ll unsolicited computer-accessed communications concerning a lawyer’s or law firm’s services” are subject to the requirements of Rule 4-7.2. This is a very significant change for lawyers who have websites and/or have “Internet presences.”

Bar Rule 4-7.2 prohibits material misrepresentations of fact or law; false or misleading statements; requires disclosure of material information necessary to prevent information from being false

or misleading; prohibits statements unsubstantiated in fact and/or are deceptive; prohibits any reference to past successes or results obtained; prohibits statements which promise results; prohibits statements which state or imply that the lawyer can achieve results by means that violate Bar Rules or other law; prohibits comparison of the lawyer’s services with other lawyers’ services unless the comparison can be factually substantiated; and prohibits testimonials.

Many lawyer websites have client and other testimonials, information regarding the lawyer’s past results, and statements that characterize the quality of legal services, all of which will now be prohibited under the new rule amendments, regardless of whether they are on the website’s home page or on secondary or “click through” pages.

In addition, many lawyers have a significant presence on the Internet, including Internet search engines and elsewhere (including Youtube, AVVO, LinkedIn, etc.), which may constitute computer accessed communications and, if so, the communications must now comply with the prohibitions and restrictions of Rule 4-7.2.

Other rule changes include: the jurisdictional (location) disclosure will no longer be required on the website’s homepage (but must appear somewhere on the website), the restrictions on lawyer direct e-mail solicitation have been reinstated and are substantially the same as direct mail solicitations. A statement of

qualifications will be required and the subject line of a lawyer’s direct e-mails must begin the statement “legal advertisement”.

The opinion does not amend Rule 4-7.8(f), and the newly defined “computer-accessed communications” will continue to exempt from the Bar filing requirement. The rule changes will become effective January 1, 2010, at 12:01.

Joseph A. Corsmeier is a Martindale-Hubbell “AV” rated attorney who practices in Clearwater, Florida. Mr. Corsmeier’s practice consists primarily of the defense of attorneys and professionals in disciplinary and admission matters, expert analysis and opinion and court testimony on ethics and liability issue, and estate planning. In addition, the law firm’s practice includes professional liability and Directors & Officers coverage, risk management, and labor and employment law. Mr. Corsmeier is available to answer attorney ethics and professionalism inquiries, provide expert opinions on ethics and malpractice issues, assist attorneys to insure compliance with the Rules Regulating The Florida Bar, and in defense of attorneys before the Florida Board of Bar Examiners and in Florida Bar disciplinary matters.


By Joseph A. Corsmeier

Florida Supreme Court Subjects Lawyer Websites and Other “Internet Presences” to Bar Regulation in 2010

Business Law Section Meetings are held the 4th Thursday of each month unless otherwise noted. Next meeting: February 25, 2009 – Noon – *Quarterdeck RoomTopic: Check and Electronic Fraud: What Can We Do About It?Speaker: Maureen Gallagher, American Momentum BankChair: Guy Coburn, 727-502-8200, [email protected]

Probate & Guardianship Section *Please note February location!Meetings are held the 2nd Tuesday of each month unless otherwise noted. There will be no regular lunch meeting at the Yacht Club in February. However, there will be a Joint Pro-bate Seminar at St Pete College EpiCeneter on Thursday, February 25, 2010 from 12:00 to 5:00 p.m. This seminar has been approved for 5.0 Hrs. of CLE Credit, including 1.0 Hrs. Ethics CLE. See the flyer in this issue of the Paraclete for more information.Next meeting: 2010 PROBATE UPDATE Date: Thursday, February 25, 2009 – 12:00 to 5:00 p.m.Location: St Pete College EpiCenter, 13805 58th Street N, Room 1-451 and 1-453, Largo, FL Speakers: Michael J. Faehner, Esq., Steven L. Hearn, Esq., Ken Burke, Clerk of the Circuit Court, Myriam Irizarry, Chief Deputy Director/General Counsel, and Judges’ The Honorable Lauren C. Laughlin, The Honorable Jack R. St. Arnold and The Honorable Walter L. Schafer, Jr.Co-Chairs: Michael Faehner, 727-445-5190, [email protected] or Nawal Batteh, 727-822-0233 or [email protected].

Real Property Section *Please note February location!Meetings are held the 2nd Thursday of each month unless otherwise noted. There will be no lunch meeting at the Yacht Club in February – the meeting has been moved to Orange Blossom due to lack of space at the St. Pete Yacht Club. This change is for February only.Next meeting: Thursday, February 11, 2010Location: Orange Blossom, 220 4th Street North, St. Petersburg, FLTopic: What Every Real Estate Transactional Lawyer Should Know About the Interstate Land Sales Full Disclosure ActSpeaker: Richard Linquanti, Esq., Carlton Fields, P.A.Co-Chairs: Tara Carroll, 727-824-6298, [email protected] or Erin Banks, 727-551-2208, [email protected].

Watch for more information on our website calendar at www.stpetebar.com. Membership in the above sections is open to St. Pete Bar members. You do not have to be a member of the section to attend the meeting and guests are welcome. 1 hour General CLE Credit is generally provided unless otherwise noted. To join a section, please feel free to contact on of the chairs above or the St. Pete Bar Office, phone: 727-823-7474, email: [email protected].

NOTE: Room location is subject to change by the Yacht Club. Please check the marquee or with the staff if we are not in the assigned location.

SECTION MEETINGS:Business Law SectionProbate & Guardianship SectionReal Property SectionFor more information on a particular section contact the chairs below or watch the website calendar.

Sponsored by:

Sponsored by:



by Beth A. Horner, Foundation President

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.

The prudent see only the difficulties, the bold only the advantages, of a great enterprise; the hero sees both; diminishes the former and makes the latter preponderate, and so con-quers.

Johann Kaspar Lavater, 18th Century German Theologian

As of this writing, we are preparing excitedly for the Heroes Among Us Dinner - the Foundation’s largest

fundraiser of the year. Without the success of this event, we would not be able to award the various scholarships or make the grants to the deserving organizations that we support throughout the year. It really is the bread and butter of the Foundation’s budget and what we can give back to the community. This event is successful because we honor awesome attorneys who “do good” year after year for multiple organizations and help to give our profession a good name in the community by selfishly giving of their time and talents. Without the sacrifices of these deserving honorees, we would not have the opportunity to celebrate their accomplishments while enjoying the

camaraderie of social time with our peers, friends, and families. We are thrilled to be able to honor the Heroes Among Us and the Rising Stars as we did on January 23rd at an incredible event.

However, as with so many events in life, there can be no fanfare and celebration without the grueling preparation required to make it to the crescendo of the orchestrated masterpiece. The maestros for this memorable evening were Carin Constantine and Camille Iurillo, who co-chaired the event and worked tirelessly to insure a flawless performance for the evening’s festivities. The Foundation is grateful to these servants as they rolled up their sleeves and creatively worked with a small orchestra of volunteers who invested immeasurable hours of their own time to raise money for our causes. They are the Foundation’s own “heroes”, as defined by Johann Lavater, as they saw both the difficulties and advantages of this great enterprise and conquered by diminishing the former and highlighting the latter. We want to formally thank Carin and Camille along with their committee for their dedication on this successful fundraising project.

Judy Stanton and Nancy Biesinger were instrumental in all things socially and historically appropriate for the event. Even after their previous years of chairing the event, they redoubled their commitment to the cause. Jason Moyer, David Blum and Bill Weller were the newcomers to the committee who infused new ideas and enthusiasm to the efforts. Greg Hoag was the ever-faithful “go-to” guy who never said “no”. Lenny Englander worked wonders with our sponsors and helped with our heroes. Rob Kapusta, Tom Masterson and Eric Ludin provided great support and assistance. The committee met the challenge of this uncertain economy head on and conquered by successfully preparing and presenting a night to remember. Bravo!

And now for the Encore! Don’t you want to be a part of the orchestra? We need new volunteers and organizers to help with next year’s event. The process to prepare for this event really does take an entire year to plan and implement. So please call me, or the Bar office, to volunteer your own time and talents to this worthwhile cause. If you do, I will personally give you a standing ovation!

The Foundation’s Own Conquering Heroes

The Chief Judge of the Sixth Judicial Circuit intends to issue a Request for Proposal (RFP) by mid-February

2010 for bids for one entity to provide managed mediation program services in residential mortgage foreclosure suits in Pasco and Pinellas Counties, Florida. The managed mediation services intended are described in Supreme Court Administrative Order No. AOSC09-54, In Re: Final Report and Recommendations on Residential Mortgage Foreclosure

Cases, issued December 28, 2009, which is available online at: http://www.floridasupremecourt.org/clerk/adminorders/2009/AOSC09-54.pdf. If you are interested in providing the managed mediation services for the Sixth Circuit, please review Administrative Order No. AOSC09-54 now to determine the services that may be solicited in the RFP.

When an RFP is issued, it will be posted on the Sixth Judicial Circuit Internet site,

www.jud6.org. Because the Sixth Circuit desires to promptly implement AOSC09-54 to help address its large numbers of foreclosure filings, the Circuit anticipates that all bids will be due within 30 days after an RFP is issued.

Please routinely check www.jud6.org for posting of the RFP. For email notice that an RFP has issued, please email a request with the subject line of “Managed Mediation Services RFP” to: [email protected].

Notice of Intended Request for Proposal – Managed Mediation Program Services

Keeping up with today’s online resources may seem impossible. From Bing (a new search engine) to LinkedIn (the

professionals’ social network), something new seems to appear daily. Some of these new or newly discovered resources may be very useful in practicing law, but finding them, determining their usefulness and learning to use them takes time, so where do you begin? This article introduces some useful resources and strategies to help us keep-up online efficiently.

Let’s begin with current awareness guides to legal technology and online resources. LLRX.com (Law and Technology Resources for Legal Professionals) is a great site to review regularly. This site presents current information and articles on the latest technology and resources for lawyers. A November 2009 article introduced Google Scholar Case Law. Go to http://scholar.google.com and select “Articles” with or without the patents option or “Legal opinions and journals.” Type in your search. It can be a case name, for example Roe v. Wade, or a topic such as child custody or family law. You can include a jurisdiction in your search. The results include a list of cases and drop-down menus that allow date restrictions and the inclusion of case summaries in the results. Notice that each case has a “How Cited” link next to the case name. Click on “How Cited” and see quotations from other cases citing your case as well as a list of “Cited by” and “Related documents.” While this Google Case Law database lacks the extras of LexisNexis and Westlaw, it provides a useful and free starting point for case law research.

LTN (Law Technology News) http://www.law.com/jsp/lawtechnologynews/index.jsp is an excellent resource for current cases and technology issues affecting your law practice. The web site is organized into Sections with multiple topics including E-Discovery, Trial Tech, Mobile Lawyering, Featured Blogs and Resources. A useful feature from LTN is the ability to receive daily e-mail alerts and RSS feeds, two strategies we’ll discuss shortly.

Both the American Bar Association and the Florida Bar Association provide legal technology information and updates. The ABA Legal Technology Resource Center at http://www.abanet.org/tech/ltrc includes articles, presentations, electronic discussion forums and comparative studies. Do you want information on a specific technology topic or issue? Use the web page site map to find exactly what you’re looking for. For example, “Online Research” provides links to: “Tips to Zero in on the Good Stuff . . . and then find it again!”; a “Legal Software Purchasing Checklist;” an overview of “Universal Citation;” and a comparison chart for fee-based legal research databases.

The Florida Bar Association provides access to LOMAS (Law Office Management Assistant Services). From the FBA web page http://www.floridabar.org, select Member Services and then LOMAS. From LOMAS link to “Technology” to test your firm’s technology savvy or try the “General Practice Management” link to jump to “Keys to Maintaining a Successful Law Practice.”

Blogs or “blawgs” are another great source for current awareness. If you are still looking for your favorite blog, try “50 Great Bogs For and By Law Professors” at http://www.onlineuniversities.com/blog/2009/11/50-great-blogs-for-and-by-law-professors/ or use the Google Blog search for specific blog topics. Just go to Google.com, select “more” and “Blog” and enter your search terms.

Now that we have found current awareness resources, how do we keep track of all this information? Today’s best strategies include e-mail alerts, a webpage watch service and RSS Feeds. E-mail alerts are available from almost any web page or search engine. Remember LTN offers e-mail alerts. You can set up a Google e-mail alert to let you know whenever specific words or terms appear on any of the millions of web pages, including daily news pages, searched by Google. From the Google search, screen select “more,” and “even more.” The

first option on the left is “Alerts.” Just follow the directions to set up your alerts. You can use alerts to track clients, products, company information, or anything you are interested in.

Webpage watchers are another sort of alert service that is linked to one specific web page. For example, you may be monitoring a corporation’s activities and want to know about any changes to that company’s web page, or you might be interested in updates to a product or commodity web page. “Watch That Page” http://www.watchthatpage.com/ will identify changes and collect content for specific web pages you identify. The information is provided via e-mail or in a web page format – your choice. Registration is required, but the service is free.

RSS (Really Simple Syndication or Rich Site Summary) feeds are an absolutely necessity to stay current in today’s online world. Use an RSS feed reader to collect and deliver your RSS Feeds whenever and however you wish. There are lots of RSS feed readers sometimes called aggregators. About.com offers a list of the top 10 Windows RSS Feeders at http://email.about.com/od/rssreaderswin/tp/top_rss_windows.htm

Pick the reader you want to use and identify the URLs or web addresses for the web sites, blogs, etc. you are interested in. Enter this information in your reader and you are all set. For example, if you decide to use the Google Reader, from the Google screen select “more” and then “Reader” and follow the online screen directions. If you are using Microsoft Outlook, you can add your RSS feeds to the Microsoft Outlook RSS Reader. Right click on the Outlook RSS Reader link and add URLs for your feeds. You can organize these into categories, and read them at your leisure.

One last strategy – don’t forget to check with a law librarian. We are great resources for keeping up online, and we love helping with research strategies. Just ask us. You can e-mail us at [email protected].


by Professor Rebecca S. TrammellKeeping Up Online


Each year my children and I select a reality based television show and watch it as a family. Some years are

more entertaining than others but this year we were inspired by the show we selected. This year we watched The Biggest Loser and were amazed by the dedication and commitment to life changing behavior the individuals on the show exhibited. For those of you not familiar with the show, individuals with a weight problem sign up to be on the show and then work to change their lives through lifestyle changes such as eating right and exercise. There is no easy plastic surgery instead there is sweat and tears with the help of two trainer as the contestants re-discover their self confidence.

This year the Law Week committee

would like to invite you to join in our efforts to help you re-discover your fitness and improve your self confidence. The 2010 Law Day Run is returning April 19th at Crescent Lake Park. The Law Week committee is offering a series of training events to help anyone wanting to participate in the run and may need some motivation to help them get ready for victory.

If you have set New Year resolutions to get in shape, lose ten pounds or try a new sport, then the training dates are a great way meet new friends, improve your physical fitness and learn the race course. You too can become the St. Pete Bar’s Biggest Loser.

The training group starts at 8:00 a.m. and meets on February 7th and 21st,

March 7th and 21st. You are welcome to come to one session or all. We will meet by the playground at Crescent Lake Park. There is no fee to join and runners and walkers of age ages and fitness level are welcomed. You do not need to bring anything but we would suggest before you join the training group you meet with your doctor and confirm you are well enough to participate in an exercise program.

If you would like more details about the training dates, please contact Peggy Clarie Senentz at 727-345-0041.

Peggy C. Senentz, Esquire Clarie Law Offices, P.A. 1101 Pasadena Avenue South, Ste. 3 South Pasadena, FL 33707 (727) 345-0041 telephone (727) 344-6659 fax email: [email protected]

Are You The St. Pete Bar’s Biggest Loser?

By Peggy Senentz

I wanted to take a moment and introduce myself as the event chair of the 2010 Judicial Reception. I

am looking forward to an amazing event and I am hoping each of you will be able to attend. The 2010 Judicial Reception will be held at the Palladium in beautiful downtown St. Petersburg. The event is scheduled for Thursday, March 4, 2010 from 5:30 pm until 7:30 pm.

The Judicial Reception is hosted by the Young Lawyers’ Division of the St.

Petersburg Bar Association. The event is a wonderful opportunity for attorneys, law students, and their guests to mingle with and show appreciation to the judiciary for another superb year of service to our community.

This year we are pleased to celebrate the election of Judge J. Thomas McGrady’s to the Chief Judge of the Sixth Circuit. Our Judicial Reception will allow us each the opportunity to personally thank each of our judges, while enjoying great food and company.

Sponsorship opportunities are available. Please contact the St. Petersburg Bar Association office for sponsorship information. I look forward to seeing you at the Judicial Reception.

Kristina Feher is an associate with Atlantic Legal Group, P.A. Ms. Feher can be contacted at 727-346-1900 or [email protected].

By Kristina Feher


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.

Community Law Program held its 10th Annual Basket Challenge fundraiser in conjunction with

the St. Petersburg Bar’s Holiday Party on December 10th at the Mirror Lake Lyceum. The event was great fun for all involved! It is always a thrill to see the legal community come together through such a display of creativity and holiday cheer.

This year’s event featured theme baskets containing delicious holiday edibles and spirits, scrapbooking & crafts items, sports baskets (including championship Rays baseball & minor league tickets & memorabilia), St. Pete Bar Foundation Heroes Among Us tickets, and more. We greatly appreciate all of those who participated to make this event successful either through the donation of baskets or the purchase of baskets. In particular, we would like to thank the following theme basket donors:

• Barnette, Wolfe, Rice & Dabule, P.A. • Brian Battaglia, Esq.• Carson Portrait Studios• Community Law Program Board of Trustees• Dr. & Mrs. Steve Morgan• Elizabeth Porcelli• Gallagher & Associates Law Firm, P.A.• General Dynamics• James E. Kennedy, Jr., Esq.• Jeffery J. DiPolito• Kevin Carreno, Esq.• Kyle Fleming• Linda Perrigoue• Masterson Law Group, P.A.• Minor League Baseball• Patricia Lee, Esq.• Professor & Mrs. James Brown• Ray’s Foundation• St. Petersburg Association of Legal Support Specialists• St. Petersburg Bar Executive Committee• St. Petersburg Bar Foundation

• Stetson University College of Law• Suncoast Hospice (Stepping Stones Program)• Tangier Deli

In addition to the silent auction, we had a 50/50 cash raffle, the winner of which was Kenneth Lark, Esq., but he was gracious and generous enough to donate his winnings right back to CLP! Prizes were also given to Julia Rice of Barnette, Wolfe, Rice & Dabule, P.A. for having the most creative basket and to Jim Kennedy for garnering the largest bid for his Ray’s basket.

We look forward to making this event even bigger and better next year with your continued support and with, especially, the support of the St. Petersburg Bar Association for allowing us to share the floor at their annual holiday party.

Basket Challenge


The St. Petersburg Bar FoundationPresents

“EVENING WITH THE RAYS”Tampa Bay Rays vs. Chicago White Sox

Friday, May 28, 2010Gates Open 5:30 p.m.Game Time: 7:10 p.m.

Tropicana Field

Sponsorship packages available. Contact Greg Hoag 727-896-3641 or email: [email protected].

SAVE THE

DATE


What’s Up and Who’s New February 2010

Adams and Reese LLP Partner David S. Bernstein, of the firm’s St. Petersburg office, has been named a Practice Group Leader for the firm’s Transactions and Corporate Advisory Service Practice Group. This group includes the practice areas of banking and finance, commercial restructuring and bankruptcy, corporate/securities/mergers and acquisitions, economic development, forestry, public finance, real estate, stimulus work and tax law.

John V. Tucker of Tucker & Ludin, P.A. was appointed Vice-Chair of the Health and Disability Insurance Law Committee of the American Bar Association Tort Trial & Insurance Practice Section.

Trenam Kemker is please to announce that twenty-seven of their lawyers have been named by their peers to the 2010 edition of The Best Lawyers in America. Included were St. Pete Bar members, in their respective practice areas: Robert C. Decker – Real Estate Law; Michael P. Horan – Bankruptcy and Creditor-Debtor Rights Law; Bruce Marger – Trusts and Estates; and R. Donald Mastry – Real Estate Law.

New members

CAMPBELL, CINDY101 S. Old Coachman Rd., #806Clearwater, FL 33765Phone: 561-398-1019E-mail:[email protected]. from Mount Saint Mary’s University, J.D. from New Jersey Law School, L.L.M. from the University of Florida. Admitted to The Florida Bar in 2007. Ms. Campbell is a sole practitioner.

COURVILLE, HALEY LYNN1401 61st St. S., Gulfport, FL 33707Phone: 727-562-7815; Fax: 727-347-5692E-mail: [email protected]. from the University of South Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2007. Ms. Courville is Assistant Director of Career Development with Stetson University College of Law.

DIEHL, JOHN G.616 Carolyn Dr., Brandon, FL 33510Phone: 813-785-5470; Fax: 813-657-3185E-mail: [email protected]. from the University of Wisconsin., J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2009. Mr. Diehl is a sole practitioner.

GEORGE, KATHY C.1177 Main St., Suite A, Dunedin, FL 34698Phone: 727-734-1010 ; Fax: 727-734-0900E-mail: [email protected]. from the University of South Florida, J.D. from St. Thomas School of Law. Admitted to The Florida Bar in 2000. Ms. George is a sole practitioner.

KLINGELHOEFER, LAURA LYNNE700 Central Ave., 5th floor, St. Petersburg, FL 33701Phone: 727-823-0540; Fax: 727-823-0230E-mail: [email protected]. from Pennsylvania State University, J.D. from University of Pittsburg School of Law. Admitted to The Florida Bar in 2008. Ms. Klingelhoefer is an associate with Thompson, Goodis, Thompson, Groseclose, Richardson & Miller, P.A..

Student Members

HODGES, SUMMERPhone: 813-841-5247E-mail: [email protected]. from the University of Florida.

Join the Governor and The Florida Local Advocacy Councils in Making a Difference in the Lives of Florida’s Most Vulnerable Citizens

The Local Advocacy Council, Area 10, consists of volunteers appointed by the Governor to review and investigate situ-ations stemming from complaints and monitor services provided by the Florida

Department of Children and Families and Agency for Persons with Disabilities to oversee and investigate the quality of the services provided. Area 10 currently has two councils and they are for mental health and multi-program which include all types of complaints from child welfare issues such as children in foster care, day care, children under protective supervi-sion, and person with disabilities.

After recommendation by the local council members, you are appointed by the Governor. If you are interested in making a difference in the lives of Florida’s most vulnerable citizens, please call (239) 338-3301 or 1-800-342-0825 to request an application or further information. New members are needed in Pasco and Pinellas counties.

You Can Make a Difference


WILL SEARCH

Anyone with information on the Last Will and

Testament of Roy L. Barclift,

who was a resident of Clearwater, Florida,

Date of Death: October 17, 1994,

please contact Carrie E. Coyle, P.C. 125 Kirkwood Blvd., Davenport, IA 52803 or call 563-336-8761.

Calendar the Date NOW!

2010 JUDICIAL RECEPTIONPresented by the

Young Lawyers Sectionof the St. Petersburg Bar Association

Thursday, March 4, 20105:30 to 7:30 p.m.

THE PALLADIUM253 5th Avenue North

St. Petersburg, FLFor information on sponsorship contact the Kristina Feher

at [email protected] or at 727-346-1900. Sponsorship information can also be found online on

the calendar at www.stpetebar.com.


SEMINOLE/BEACHES - Offices for rent. Newly renovated office space avail-able in 2-attorney suite. Two large offices available, both with windows and storage, beginning at $350/month or use both as an office suite with separate entrance for $650/month. Share conf. room/library and kitchen. Perfect for solo attorney or satellite office. Call 727-596-7100.

ST. PETERSBURG – Downtown Court-house Location, Updated Legal Office Space 1,500 Sq. Ft. 556 1st Avenue North. Available mid-February. New carpet; new interior and exterior paint. $925 per month. Annual Lease with optional re-newal. To schedule viewing contact Me-lissa Rutland, 727-894-3303.

ST. PETERSBSURG – Prime location 5001 9th Avenue North. Minutes to down-town courthouse and criminal complex. Large office furnished includes electric, water, copier, phone/fax, internet, recep-tionist, conference room, security, mainte-nance, easy access and onsite parking. Call Bob Jockers at 727-328-9419.

ST. PETERSBURG – Senior Practitio-ner has office space for lease with ameni-ties. Large offices less than 1 block from St. Petersburg Courthouse with assigned off street parking space. Common use of reception area, current 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 down-town at 600 First Avenue North, across from the Courthouse. Covered parking, full services. Professional legal office envi-ronment, home to some of the “Best Law-yers in Tampa Bay.” One 2,150 sq. ft. suite available. Call 721-821-6699 or email [email protected].

ST. PETERSBURG – DOWNTOWN: “The Paramount” 721 First Avenue North. One block from courthouse/county build-ing. Professional offices from $750/month. 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! Sarah W. Parker 727-502-0255.

Seeking Workers’ Compensation Attorney. “AV” rated Tampa Bay defense firm seeks an attorney with 1-3 years workers’ com-pensation experience. Resumes/inquiries should be directed to Hiring Committee, Abbey, Adams, Byelick, Kiernan, Muller, Marone & Samis, L.L.P., P.O. Box 1511, St. Petersburg, FL 33731; fax: 727-822-3970; email: [email protected]. For more information, please see our website at www.abbeyadams.com.

Florida-licensed attorney available for legal research in all areas of practice and draft-ing of pleadings in probate, guardianship and trusts and estate matters. Contact: [email protected].

Outsourcing partnership with Tampa area law firm(s). G.E. Nemes is a versatile, dy-namic and professional CPA firm special-izing in 1040/1041 issues. When you have our staff on your team-but not on your payroll, think of the costs and headaches, you’ll get the credit for saving yourself and your company! Call Gary or Elaine: 727-588-0977.


Classifieds

Office Space:

Services Available:

Wanted:

Position Available:

April 2010 Issue...............Copy must be receieved by noon, February 15th, 2010

May 2010 Issue.....................Copy must be received by noon, March 15th, 2010

June 2010 Issue...............Copy must be receieved by noon, April 15th, 2010

– 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

Thank Youto the Sponsors of the 2009 Holiday Party

PRESENTING SPONSOR

Sleigh Bell Sponsor

JINGLE BELLS Brasfield, Fuller, Freeman, Goldis & Cash, P.A.

Fisher & Sauls, P.A.Gallagher & Associates Law Firm, P.A.

Trenam Kemker

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