SPBA June 06 Issue · Advertising rate cards are available upon request by calling 727-823-7474 and...

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Transcript of SPBA June 06 Issue · Advertising rate cards are available upon request by calling 727-823-7474 and...

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Contents

ST. PETERSBURG BAR ASSOCIATION

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

10 Florida Supreme Court Amends Attorney Advertising Rules– By Ginger Reichl

12 Need a Few Extra CLE Credits This Spring? The St. Pete Bar Can Help! – By Jowita Wysocka

14 Living Her Dream: A Profile of the Honorable Kathleen T. Hessinger, Pinellas County Court Judge – By Jowita Wysocka

16 What Can You Do if You Purchase a Business and Find out Later that a Prior Owner Filed for Bankruptcy? – By Camille J. Iurillo and Gina M. Pellegrino

18 How to Stay Current with the Sixth Circuit and Other Changes in the Legal Field – by D. Gail Barbagalio

20 Heroes Among Us – 2007

22 Judicial Profile of County Court Judge, Edwin B. Jagger – By Christopher J. Kaiser

26 Florida “Apprentice” Trumps Internet Cybersquatter in Domain Name Dispute – By David Roy Ellis

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

15 Upcoming Probate & Guardianship Meetings at the St. Petersburg Yacht Club

19 Bar & Court News

28 Civil Jury Verdict Reports

34 Young Lawyers Corner

37 Judicial Investitures

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

4 President’s Message

6 Editor’s Thoughts

8 The St. Petersburg Bar Foundation

24 Rainmaking

30 Paraclete Parent

32 Community Law Program

35 What’s Up and Who’s New

36 Classifieds

St. Petersburg Bar Association

2600 M.L. King Street North, Suite 602

P.O. Box 7538, St. Petersburg, FL 33734-7538

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 community of St. Petersburg

lawyers and to strengthen and improve the

administration of justice in the St. Petersburg area.

Executive Director

Nora Riva Bergman 727.823.7474

[email protected]

Editor

John V. Tucker 727.572.5000

[email protected]

Paraclete Advertising

JoAnn Knight 727.823.7474

[email protected]

Design & Production

Zapata Design 727.894.7820

[email protected]

Paraclete: The Spirit of Truth March 2007

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

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

advertised. 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.

www.stpetebar.com Paraclete – March 2007 3

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www.stpetebar.com Paraclete – March 2007 54 St. Petersburg Bar Association www.stpetebar.com

President’s MessageBy Lee H. Rightmyer

Professionalism: Remembering Our Roots

his month’s Paraclete cover salutes

Spring Training. Spring Training has

been an important part of our community’s

fabric since 1914 (when the Mayor Al Lang

convinced Branch Rickey to bring the St. Louis

Browns to train in our town). Since that time,

lawyers (and even laymen!) have enjoyed

watching one – sometimes even two – major

league teams train in Downtown St. Pete.

Spring Training has contributed so much to

our local lore. I am aware of a splendid house

on Martin Luther King Street (old Ninth

Street) and two different First Avenue hotels

that claim to have housed Babe Ruth (and I

enjoy stories of the Babe sneaking out

between innings for a beer at the old

“National Bar”). The (Hated) Yankees kept an

unofficial “Clubhouse” in Old Northeast.

When my former law firm’s offices over-

looked Al Lang field, we recognized Doc

Gooden’s distinctive leg kick from the twelfth

floor. And I remember (lawyer) Morris

LeCompte buying a house from a member of

the St. Louis Cardinal organization and writing

into the contract that the seller would include

some of Ozzie Smith’s “baseball stuff” (like

cleats) into the deal.

During the mid-1980s, you could find more

lawyers at a Cardinals game than at some reg-

ularly scheduled Bar meetings. I grew up with

the late Michael Schwartzberg in Toledo. We

would “catch up” every March by Al Lang’s

third base dugout when the Tigers came to

town (and we talk usually after the sixth inning

once the Tigers already were soundly beaten).

St. Petersburg in February and March is about

as good as it gets, and Spring Training probably

contributed to so many players moving to

our area.

Sadly, our Spring Training tradition will soon

end. The Devil Rays have decided that their long

-term interests are best served if Spring Training

is conducted in another part of Florida. Whether

this strengthens the local team or is “the

beginning of the end,” only time will tell.

I am a passionate baseball fan. I held Devil Rays’

season tickets for years and attended over 100

games in the Dome. Still, years of rooting for

both the consistently futile Detroit Tigers and

the usually painful Devil Rays (yes, “futile”

and “painful” • see Fla. Stat. § 90.406) took

an emotional toll. I became ambivalent about

our local Club. If the Rays someday become

competitive, then I’ll regain the passion.

But I digress. How does Spring Training fit in

with the St. Petersburg Bar? Can this column

return to a legal theme? Well, yes. . .

Spring Training is a time to brush up on skills,

maybe learn a new position, and fix some flaws.

Our local Bar participates closely in a parallel

activity – Continuing Legal Education. We offer

a wide range of CLE programs at nominal

expense (and access to the annual Florida

Law update CD from The Florida Bar for free).

We also sell CLE programs in CD or tape form

for reasonable prices. Trust me, if your CLE

deadlines are approaching, you would not be

the first lawyer who satisfied these requirements

by driving for a month listening only to Bar

CLE CDs (“Sshhh . . . quiet kids, they’re about

to explain the Rule Against Perpetuities!”).

The Bar also has a very extensive collection of

(free) tapes/CDs that will supplement your

practice and your life. The St. Petersburg Bar’s

website lists dozens of tapes on topics such as

negotiating skills, organizational techniques,

optimizing personal performance, and

developing a profitable legal practice.

The Bar’s website also provides information

on alternative ways of obtaining CLE credit.

You can obtain credit for giving speeches or

writing articles. Participation at the Inns of

Court programs can result in CLE credit. Our

firm and others arrange for in-house training

program participants to obtain CLE credit.

So take advantage of the St. Petersburg Bar

Association this Spring. Brush up on your

skills and be ready for the rest of your career.

T

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6 St. Petersburg Bar Association www.stpetebar.com

he recent receipt of my CLER Reporting

Affidavit from the Florida Bar was well

-timed with the focus of this issue . . . CLE. It

made me focus on what I have done for CLE

over the past two years. It also reminded me

of a little known fact about Paraclete: You can

get CLE for writing articles for this magazine!

Sit at home with your laptop, write an article,

and BAM! Can CLE credit get any easier?

Of course, you have to fill out the CLE form

which you can download from the Download

Forms page at www.stpetebar.com. But what

could be better than getting CLE credit for an

article on an area of law in which you practice

without having to go to a seminar? Well, free

marketing of course! A little free publicity

among your fellow lawyers and CLE, all

wrapped up into one nice package. Your

Paraclete article does not even have to be on

substantive law. We have had writers get

credit for articles about their life experiences

and the relationship to law they drew from

those experiences.

We look for about 750 to 1250 words of text,

single spaced with no formatting other than

citations in Word format when we solicit

copy for Paraclete. If you just have a case

blurb that you want to tell the legal community

about, it can be shorter. We try to avoid articles

being longer. If you cannot spell, our crack

team of editors will try to catch the errors

that you and the computer spell check let get

by you. We even want you to give us a picture

and a 50 word bio to run at the end of your

article (you know, the shameless self-promotion

you see after each contributor’s work).

As that great man Anonymous once said, “If

you wait for inspiration, you're not a writer,

but a waiter.” So, throw caution to the wind

and drop us an article.

___________________________________________

John Tucker is a Past-President of the St.

Petersburg Bar Association serving his third

term as Editor of Paraclete. He practices in

Feather Sound with Tucker & Ludin, P.A. in

the areas of disability and life insurance,

ERISA, and Social Security Disability. You

can send articles or comments to John at

[email protected].

TBy John V. Tucker

A little known fact

about Paraclete:

You can get CLE for

writing articles for this

magazine!

Sit at home with

your laptop,

write an article, and

BAM! Can CLE credit

get any easier?

Editor’s Thoughts

May 2007 issue.......................copy must be received by Noon, March 15, 2007

June 2007 issue......................... copy must be received by Noon, April 15, 2007

July/August 2007 issue.............. copy must be received by Noon, June 15, 2007

– Copy Received After Deadline Will Run In the Next Edition –

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

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8 St. Petersburg Bar Association www.stpetebar.com

veryone here seems to be proud to be apart of the legal profession.” That was

the feeling expressed by a non-lawyer whoattended the Heroes Among Us dinner at the DonCeSar on a beautiful Saturday night in January.

Other comments made included, “There was asense of pride; a wonderful collegial atmospherein the profession.” And “The legal professionwas well represented by the chosen heroes. Theirlife stories and the inspiring remarks they madewere motivating.”

In today’s society, where lawyers are portrayedas greedy and impersonal, such words are musicto our ears. The community service provided bymost lawyers is one of our profession’s best-keptsecrets. Well, it’s time to let the cat out of thebag, and that’s just what we did at this year’sHeroes event.

This year marked the third Heroes Among Usdinner, which was started to celebrate and honorthose lawyers who make a difference every day.Past honorees Louie Adcock and the HonorablePam Campbell were also with us this evening.

The Planning Committee Chair Nancy Biesingerand Co-Chair Judy Stanton deserve doublethank you’s for coordinating the evening, alongwith the other Planning Committee members.The elegant four course meal was absolutelydelicious (more than one plate returned to thekitchen totally empty)!

Thanks need also be extended to the HonoraryChair for the evening, Tony Battaligia, foundingpartner of Battaligia, Ross, Dicus and Wein, andto all of our sponsors. Because of the generosityof the sponsors and the people who supportedthe event, the evening was a huge success; ourFoundation will be able to continue its goodworks.

The entertainment for the night was generously

provided by John and Mary K Wilson. Many ofyou will know of the Wilsons’ musical talents,but did you also know that John moonlights asa television anchor on Fox 13 Tampa Bay?!

Mary K kicked things off with a moving rendition of “America the Beautiful.” John laterjoined Mary K in a duet from Phantom of theOpera. They closed the evening with songs ofAmericana, and everyone joined in to sing “GodBless America.” In addition to the musical numbers, John did an outstanding job as theemcee for the evening.

The two honorees this year were St. PetersburgMayor Rick Baker and past president of the St.Petersburg Bar Association Bill Walker. KimberlyGustafson with Carlton Fields, and Brant Baileywith Battaglia, Ross, Dicus and Wein, wroteabout our honorees in the program. You canread their profiles on the Foundation’s web siteat www.stpetebarfoundation.com.

Bill Walker was introduced by his wife, Joanne.Joanne is no stranger to volunteerism herself.They make quite the couple when it comes togiving back to our community. Bill complimentedour local bench and bar several times for theprofessionalism displayed. He attributed hisability to serve as a volunteer to the accommo-dating nature of other lawyers and judges.

St. Petersburg Deputy Mayor Goliath Davisintroduced Mayor Rick Baker. The two of themhave been a team for quite a while, both dedicating themselves to a life of public service.Mayor Baker did not stop at just becoming apublic servant and running the city; he steppedinto the classroom as a mentor and looked forother ways to make our community flourish.

I was proud to announce the endowment of theJudge Paul H. Roney Scholarship during theevening, which will ensure the future fundingof this award. This endowment will honor

Judge Roney’s commitment to the communityand to the education of our youth. Seniors whoplan to continue their education after graduatingfrom high school are eligible to submit an essaybased upon the annual Law Day theme forscholarship consideration. The graduating seniorwho composes the best essay is presented thisscholarship award at the Law Day luncheon ofthe St. Petersburg Bar Association. I invite youto inform any high school seniors you knowabout this award and hope that you can join usat the Law Day luncheon.

Of course, no one would have known of theevent, been greeted at the event, or enjoyed thePowerPoint presentations without the dedicatedand hard work of Kathy Parker, JoAnn Knightand Nora Bergman, the Foundation staff. Theyare truly the “foundation” upon which ourFoundation rests.

A grand time was had by all. On behalf of theFoundation, we truly hope that you will consider joining us again next year!

I welcome any questions or suggestions regard-ing the Foundation. My cell phone number is(727) 644-6010. Please visit the Foundation’sweb site and consider sending in names ofEveryday Heroes. E-mail the information to meat [email protected] or give me a call.

___________________________________________

Jim Thaler currently serves on the Executive

Committee of the St. Petersburg Bar Association

and is past chair of the Solo, Small Firm and

Practice Management Section. He is in private

practice concentrating on Business Law, Estate

Planning and Real Estate. He also is the Associate

Director of Graduate Business Programs, overseeing

the JD/MBA Program at the College of Law, and

a Visiting Assistant Professor at the School of

Business Administration at Stetson University.

By Jim ThalerFoundation President

“EProud to Be a Lawyer

St. Petersburg Bar Foundation

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

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s of New Year’s Day, radio and tele-

vision commercials aired by attorneys

in Florida must be approved by The Florida Bar

Association at least 15 days prior to broadcast.

The new requirement, set by the Florida Supreme

Court, was the most significant change adopted

late last year affecting rules governing

advertising by attorneys. That amendment, as

well as others, was recommended to the Court

by The Florida Bar Board of Governors.

Previously, ads could be filed with the Bar on the

same day they aired. Along with the longer lead

time for approval, the fee to have ads reviewed

by The Florida Bar has increased to $150.

As for ad content, there were few substantial

changes to existing standards, though out-of-

state attorneys who wish to advertise in Florida

must now comply with The Florida Bar’s

regulations and review process. There was even

a minor lessening of one Bar mandate. The

well-known disclosure statement, “the hiring

of a lawyer is an important decision that should

not be based solely upon advertisements” is no

longer necessary for print ads. However, the

verbiage must still be included in radio and

televisions spots.

Attorney advertisements are still prohibited

from containing information that could create

unjustified expectations regarding the likeli-

hood of positive outcomes or the quality of a

lawyer’s services. Television ads must not

contain visual elements that are deceptive,

confusing, or manipulative, and may not use

background noise other than instrumental

music. According to the Bar, these rules are

intended to promote attorney advertisements

that inform the public regarding legal services

by providing only useful, factual information,

presented in a restrained and non-sensational

manner that will not create unwarranted

expectations or diminish public confidence in

the legal system.

Meanwhile, the Court deferred ruling on the

issue of attorney website advertising, ordering

further study of the topic. In their comments,

several Court justices favored an in-depth

review to take a broader view of attorney

marketing, including the Internet and phone

directories.

For complete information on attorney

advertising regulations, visit www.floridabar.org

under “Lawyer Regulation,” then “Advertising

Rules.” This site includes a lawyer advertising

handbook as well as examples of complying

and non-complying advertisements and the

procedures for Bar review.

To read the complete Florida Supreme Court

decision “In Re: Amendments to the Rules

Regulating the Florida Bar – Advertising #05-

2194,” visit www.floridasupremecourt.org.

___________________________________________

Ginger Reichl is the president of Pinstripe

Marketing – a full-service agency helping lawyers

navigate their practices into profitable businesses

with effective marketing. A graduate of Florida

State University's prestigious advertising program,

Ginger also serves on the boards of the Tampa

Bay and 4th District American Advertising

Federations, Tampa Bay American Marketing

Association, and is a member of the Junior

League of St. Petersburg.

Florida Supreme Court Amends Attorney Advertising RulesFlorida Supreme Court Amends Attorney Advertising Rules

By Ginger Reichl

A

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12 St. Petersburg Bar Association www.stpetebar.com

ith spring training just around thecorner, it’s an excellent time to

exercise and enhance your legal skills whilepicking up valuable CLE credit. Some may besurprised to learn that attending or listeningto courses is just one of several ways toobtain credit. In addition to attending thediverse courses offered through organizationssuch as the St. Petersburg Bar Association,The Florida Bar allows lawyers to earn creditby participating in law-related programs andactivities such as:

(1) Lecturing at an approved CLE program;

(2) Serving as a workshop leader or panelmember;

(3) Writing and publishing in a professionalpublication or journal;

(4) Teaching graduate law or law schoolcourses; and

(5) Attending graduate law or law schoolcourses.

In light of these alternative sources of CLEcredit, consider sponsoring, co-sponsoring, and/or teaching a CLE program in conjunction withthe St. Pete Bar. The St. Pete Bar will advertisethe program through email and mailings to itsmembers, and the bar office will arrange for avenue. St. Pete Bar members may also coordinate with the Bar to host a luncheonprior to the seminar with a speaker introducingthe topic to be discussed.

The following outlines The Florida Bar’s basicCLE requirements (CLER), along with itsguidelines for obtaining CLE accreditation forcontinuing legal education classes. Additionalresources for CLE credit and CLE sponsorshipare also provided below.

Florida CLER

The Florida Bar requires that all attorneysadmitted to practice in Florida fulfill 30 CLEcredits every three years, five of which are inthe area of ethics, professionalism, substanceabuse, or mental illness awareness. Additionally,newly-admitted lawyers are subject to a BasicSkills Course Requirement (BSCR). Under thisrequirement, attorneys must complete a one-day Practicing with Professionalism program(PWP) sponsored by the Young Lawyers Division(YLD) within one year of admission to theFlorida Bar. New lawyers must also complete

three CLE programs sponsored by the YLDduring their first three years of admission. TheSupreme Court of Florida amended the BSCRin 2005; among other changes, the Courtremoved the exemption for governmentemployees and changed the number of requiredYLD CLE courses from two to three.

CLE Accreditation

Accreditation is available for courses on anarray of subjects, including courses on non-legal subjects that nevertheless enhance lawyerproficiency, as well as law office management,

legal drafting, computer training, stress manage-ment, and self-improvement courses. Once youhave selected a topic and completed an outlineof the program, the bar office will completeand submit the CLE application for you.

Other CLE Sources

Other sources of obtaining CLE credit includelive, online, teleconference, video, and audioversions of courses provided by organizationssuch as the American Bar Association andLaw.com. In addition to attending or partici-pating in a CLE program in association withthe St. Pete Bar, members may qualify for CLEcredit by contributing articles to the Paraclete.

Resources and Contacts

For further information about sponsoringand/or presenting CLE programs through theSt. Pete Bar, as well as submitting articles tothe Paraclete, please contact Nora Bergman [email protected] or 727.823.7474.

For additional information about CLER andcourse sponsorship, please review theMember Services—CLER/BSCR section on theFlorida Bar website at www.floridabar.org orcontact the Legal Specialization andEducation Department of The Florida Bar at850.561.5842.

___________________________________________

Jowita Wysocka ([email protected] is Co-Executive

Director of Ketchcom Development, Inc.

(www.ketchcom.net; 727.823.5809), which

works with lawyers and firms to provide training

and consulting to increase effectiveness, efficiency,

and productivity through written and spoken

communication.

By Jowita Wysocka

Need a Few Extra CLE CreditsThis Spring? The St. Pete Bar Can Help!

Need a Few Extra CLE CreditsThis Spring? The St. Pete Bar Can Help!

W

The Florida Bar requires that

all attorneys admitted to

practice in Florida fulfill 30

CLE credits every three

years, five of which are in

the area of ethics, profes-

sionalism, substance abuse,

or mental illness awareness.

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14 St. Petersburg Bar Association www.stpetebar.com

Living Her Dream: A Profile of the Honorable Kathleen T. Hessinger, Pinellas County Court Judge

Living Her Dream: A Profile of the Honorable Kathleen T. Hessinger, Pinellas County Court Judge

had the opportunity to speak with Judge

Kathleen T. Hessinger recently about her

background, her legal career, and her judicial

experience thus far. I realized almost

immediately that she is a woman with a sense

of purpose, a passion for the law, and the

proclivity to follow through. As early as high

school, a time when most teenagers struggle

to find their own identity and place in the

world, Judge Hessinger knew that she wanted

to become a judge. That dream was her driving

force throughout college and law school, and

she finally fulfilled it on February 4, 2005, when

she was sworn in as Pinellas County Civil Court

Judge in the Sixth Judicial Circuit of Florida.

A native Floridian, Judge Hessinger graduated

from Florida Southern College and moved to

Pinellas County to attend Stetson Law School.

After graduation, she became a prosecutor in

St. Petersburg, where she gained significant

trial experience. Judge Hessinger sharpened

her trial skills further as a plaintiffs’ attorney

in Tampa and later at Harris, Barrett, Mann &

Dew in St. Petersburg, where she practiced

medical malpractice and insurance defense.

Eventually, she and several other attorneys

from Harris, Barrett formed the firm Deacon

& Moulds.

Judge Hessinger has found that the most

rewarding aspect of being a judge is simulta-

neously her greatest challenge: educating

non-lawyers about the legal process. Because

many litigants who appear before her are pro se,

they often lack the legal acumen that attorneys

attain through education and practical

experience. The challenge to Judge Hessinger

is therefore to try to level the playing field by

explaining the law in basic, clear, and neutral

terms to parties not represented by counsel. It

has certainly given her a new appreciation for

what non-lawyer litigants go through in a

legal dispute.

Outside the courtroom, Judge Hessinger makes

time to share her knowledge and experience

by teaching trial advocacy at Stetson as well

as speaking at local high schools. When she is

not wearing her judicial hat (or robe, as it

were), Judge Hessinger spends every possible

moment with her ten-year-old daughter, a

budding equestrian.

I asked Judge Hessinger if she had any words

of wisdom to offer law students and young

attorneys considering a judicial career. She

responded, “Always know that our greatest

gift in [the legal] profession is our reputation.

It’s a small town, so it’s important to keep

your reputation and your integrity to the

highest degree.”

_________________________________________

A former litigator, Jowita Wysocka ([email protected])

currently serves as Co-Executive Director of

Ketchcom Development, Inc. (www.ketchcom.net;

727.823.5809). Working together with law firms

and lawyers, Ketchcom Development provides

training, consulting, and facilitation to increase

the effectiveness, efficiency, and productivity of

written and spoken communication.

By Jowita Wysocka

I

“Always know that our

greatest gift in [the legal]

profession is our

reputation. It’s a small

town, so it’s important to

keep your reputation and

your integrity to the

highest degree.

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www.stpetebar.com Paraclete – March 2007 15

Upcoming Probate &Guardianship Meetings at the St. Petersburg Yacht Club

Upcoming Probate & Guardianship Meetings

at the St. Petersburg Yacht Club

Thursday, March 15, 2007 – NOON

SPYC, Waterfront Room

Speaker: Charlie Robinson, Esq.

Topic: Medicaid

Thursday, April 19, 2007 – NOON

SPYC, Quarterdeck Room

Speaker: Ken Burke, Clerk of Court

Topic: Current Events in the Clerk’s Office

Thursday, May 17, 2007 – NOON

SPYC, Quarterdeck Room

Speaker: Karen B. Lopez, Esq.

Practical Considerations of

Ad Litem

The cost to attend is $20.00 for

St. Pete Bar Members & Member Staff and

$30.00 for Non-Member Attorneys and

Non-Member Staff/Guests. RSVP on the St. Pete

Bar calendar at www.stpetebar.com. You can also

send a check to the St. Petersburg Bar Association,

P.O. Box 7538, St. Petersburg, FL 33734-7538.

For more information contact the St. Pete

Bar Office at 727-823-7474 or Probate & Guardianship

Section Chair, James W. Martin, 727-821-0904 or e-mail: [email protected].

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E-Mail: [email protected]

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16 St. Petersburg Bar Association www.stpetebar.com

What Can You Do if You Purchase a Business and Find out Later that a Prior Owner Filed for Bankruptcy?

cenario: Person A sells a business to

Person B. Then Person C buys the

business from Person B, paying the agreed upon

purchase price. Person C takes possession of

the business and begins its operations. A few

months later, Person B tells Person C that prior

to Person C’s purchase of the business, Person

A had filed for bankruptcy. Person C had no

knowledge of Person A’s bankruptcy filing

prior to Person C’s purchase of the business.

If the bankruptcy trustee sues Person C,

asserting that the property purchased by Person

C belonged to Person A’s bankruptcy estate at

the time of the purchase, does Person C have

a defense?

A debtor may be deemed to have fraudulentlytransferred property to a transferee prior tofiling for bankruptcy based on actual fraud orconstructive fraud, if the property was sold forless than fair market value. See, 11 U.S.C. §548(a)(1)(A) and (B). In such a case, the bankruptcy trustee will sue the transferee, ina fraudulent transfer cause of action, in orderto recover the actual property that was transferred to the transferee by the debtor, orthe value of the property. The purpose of thetrustee doing this is to obtain funds to paythe debtor’s creditors. If the trustee recovers theactual property from the transferee, the trusteewill sell the property and distribute the saleproceeds to the debtor’s creditors.

Pursuant to section 549(a) of the BankruptcyCode, a trustee may seek to avoid a transfer ofproperty that belongs to the bankruptcy estate,if the transfer occurs after the commencementof the bankruptcy case and is not authorizedby the Bankruptcy Code or by the court. See,11 U.S.C. § 549(a). However, section 549(c) ofthe Bankruptcy Code sets forth an exceptionto this rule. According to section 549(c), atrustee may not seek to avoid a transfer ofproperty that belongs to the bankruptcyestate if the property is transferred to “a goodfaith purchaser without knowledge of thecommencement of the case and for presentfair equivalent value.” 11 U.S.C. § 549(c); seealso, In re McDonald, 210 B.R. 648, 649-50(Bankr. S.D. Fla. 1997); and In re BerkleyMulti-Units, Inc., 88 B.R. 394, 397-8 (Bankr.M.D. Fla. 1988).

SSubmitted on behalf of the Bankruptcy Section

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www.stpetebar.com Paraclete – March 2007 17

By Camille J. Iurillo and Gina M. Pellegrino

The Bankruptcy Code also states that a trustee

may not recover in a lawsuit against “any

immediate or mediate good faith transferee.”

11 U.S.C. § 550(b)(2); see also, In re

Paramount Citrus, Inc., 268 B.R. 620, 626-7

(Bankr. M.D. Fla. 2001); and In re Trauger,

109 B.R. 502, 503-5 (Bankr. M.D. Fla. 1989).

In our scenario, the property was transferred

from Person A to Person B to Person C. Person

B received the property directly from Person

A, who filed for bankruptcy. Person C was a

“good faith transferee” because Person C did

not have knowledge of Person A’s bankruptcy

filing when Person C purchased the business

from Person B and Person C paid Person B

present fair equivalent value for the property.

In conclusion, Person C has a good faith

purchaser defense to the trustee’s lawsuit and

the trustee may not recover the actual property

transferred or the value of the property from

Person C.

___________________________________________

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

St. Petersburg, is comprised of Camille J. Iurillo,

Shareholder, Gina M. Pellegrino, Associate, and

Sabrina C. Beavens, as Of Counsel. Ms. Iurillo

has been active in the St. Petersburg Bar

Association for several years, including her current

position as President-Elect. In addition, she is a

member of the Board of Directors of the St.

Petersburg Bar Foundation and the Chair of The

Florida Bar’s Practice Management and

Development Section. Ms. Pellegrino recently

joined the Firm and is a new member of the St.

Petersburg Bar Association.

The primary areas of practice of Iurillo &

Associates, P.A. are Commercial and Bankruptcy

Litigation and Debtors’/Creditors’ Rights.

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18 St. Petersburg Bar Association www.stpetebar.com

By D. Gail Barbagallo

he organizational structure of the Sixth

Judicial Circuit of Florida is as varied as

it is complex. The following offers several

resources and tools to help legal support

specialists, including law firm and court staff,

develop their professional skills and remain

current on judicial appointments, transfers,

and other new developments within the

courts as well as the legal field in general.

One of the most important functions of legal

support specialists in Pinellas and Pasco County

law firms is to be familiar with the courts and

divisions relevant to their supervising attorneys’

areas of practice. Additionally, it is critical

that legal support specialists know the names

of the appropriate judges, clerks, and assistants

as well as the location of each judge’s chambers.

Judges are often transferred to different

divisions in the Sixth Circuit, especially after

elections, so it can be difficult to remain up

to date on their locations and contact infor-

mation. To complicate matters further, judges

who move to another division may either

choose to keep their original offices or move

to another courthouse altogether.

Fortunately, the Sixth Circuit’s website, which

is updated several times a year, provides

accurate contact information, including the

addresses, telephone numbers, and division/

sections to which the judges are assigned. This

information is available at the following link:

http://www.jud6.org/ContactInformation/Jud

gesPhoneNumbers.html.

Judicial assistants, in turn, face their own

professional challenges with regard to

organizational and other changes in the court

system. Unlike a law office, each judicial section

at the Sixth Circuit has its own staff of

personnel who work closely within a specialized

area. Of the many staff positions at the Sixth

Circuit, one of the most versatile and demanding

is that of the judicial assistant, who wears many

hats and often functions as the office manager,

receptionist, and supply officer. Judicial

assistants must therefore be highly adaptable

and well-versed in various areas of law in the

event the judges they support are transferred

to another division. As such, many judicial

assistants supplement their training through

classes at Stetson University or St. Petersburg

College. The Sixth Circuit also offers seminars

and workshops to law firm and court staff

members designed to sharpen their professional

skills, such as navigating the new electronic

filing system that the courts are planning to

implement in the near future.

Networking is another excellent way for law

firm support specialists and judicial assistants

to stay apprised of new developments in the

courts and in the legal field in general.

Organizations such as the St. Petersburg

Association of Legal Support Specialists (SPALSS)

facilitate such networking and help support

specialists remain informed on a variety of

matters in the local legal community, including

any recent changes at the Sixth Circuit.

SPALSS’s monthly meetings and publications

provide professional development and news,

along with an opportunity to share experiences

and perspectives with other legal support

specialists at law firms and local courts. This

October, for example, SPALSS plans to host a

Judicial Assistants’ Appreciation Banquet,

which will allow law firm support staff and

court personnel to meet one another, put faces

to names, and exchange current information.

SPALSS is therefore an exceptional educational

and networking resource for legal support

specialists in our community.

___________________________________________

D. Gail Barbagallo has been a member of the

Florida Association of Legal Support Specialists

(FALSS) and SPALSS since 1990, and was

President of SPALSS in 1995-1996, and 2005-

2006. She is currently the Chairperson for FALSS'

Wills, Trusts and Estates Certification Committee

and SPALSS' Chapter Liaison. Gail obtained her

Paralegal Certification in New Jersey and in

2006 was Board Certified in Wills, Trusts and

Estates thru FALSS. After serving 15 years as a

Judicial Assistant, she is a floater JA with the

Sixth Circuit.

How to Stay Current with the SixthCircuit and Other Changes in theLegal Field

How to Stay Current with the SixthCircuit and Other Changes in theLegal Field

T

One of the most important

functions of legal support

specialists in Pinellas and

Pasco County law firms is

to be familiar with the

courts and divisions

relevant to their

supervising attorneys’

areas of practice.

St. Petersburg Association of Legal Support Specialists

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www.stpetebar.com Paraclete – March 2007 19

Bar and Court NewsSPALSS (Legal Support Specialists)The St. Petersburg Association of Legal Support Specialists monthly meetings are generally held the first Tuesday of each month. Meetings are held at Orange BlossomCatering, The next upcoming meeting is:

Tuesday, March 6, 2007 – 5:45 p.m.

Program: Honoring Boss of the Year and Legal Support Specialist of the Year

Location: Orange Blossom Catering

220 4th Street North, St. Petersburg

Reservations are required. Contact Loretta Aldridge for more information at 727-894-0676.

Pinellas County ParalegalsThe Pinellas County Chapter of the Paralegal Association of Florida, Inc., meets on thesecond Monday of each month. The next meeting will be:

Monday, March 12, 2007 - 6:15 p.m.

Speaker: James W. Dodson, Esq.

Topic: Personal Injury Law

Location: Holiday Inn Select

3535 Ulmerton Rd., Clearwater

Paralegals, student paralegals, non-members and attorneys are always welcome. For furtherinformation or to make reservations, please call Cherie Dantzscher at work: 813-289-8800 ore-mail: [email protected] no later than 5 days in advance of the meeting.

CERTIFIED PARALEGAL/CERTIFIED LEGAL ASSISTANT (CP/CLA)™ REVIEW SEMINAR

The Pinellas County Chapter of the Paralegal Association of Florida, Inc. is sponsoring aspecial seminar to prepare paralegals to take the NALA CP/CLA™ Examination. Theseminar hours are 9:00 a.m. to 3:30 p.m., on the following Saturdays: April 7, 14, 21,and 28, 2007. The seminar will be held at the law offices of Ruden McClosky in down-town St. Petersburg. The cost of the seminar $180 and include numerous handouts andpreparation materials. Early registration is encouraged as space is limited. Please contactSandy Brophy, CP, by e-mail at [email protected] or Mary-Lou George, ACP,CFLA, at 727-502-8207 or at [email protected].

Association of Legal Administrators - Suncoast ChapterThe Association of Legal Administrators - Suncoast Chapter meets the secondWednesday of the month. The next meeting is:

Wednesday, March 14, 2007

Speaker: Linda Nijem, Florida Forensic Engineering

Topic: Civil, Auto, Premise and Product Liability

Location: Feather Sound Country Club

2201 Feather Sound Dr., Clearwater, FL

For more information contact Eloise Stinson at 813-228-7755.

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20 St. Petersburg Bar Association www.stpetebar.com

The St. Petersburg Bar Foundation Honors the Heroes Among Us

On January 20, at the Don CeSar, the Foundation presented itsthird Heroes Among Us dinner. Over 150 people attended the eventwhich this year recognized Past St. Pete Bar President Bill Walker andSt. Pete Mayor Rick Baker. The event was hosted by John Wilson ofFox 13 News and his wife Mary K. Foundation President Jim Thaleralso announced the endowment of the Judge Paul H. RoneyScholarship.

Thank you to the Sponsors of Heroes Among Us 2007!$2,500 Gold Sponsors

• BB&T

• Battaglia, Ross, Dicus & Wein, P.A.

• Fisher & Sauls, P.A.

• Raymond James Trust- Private Wealth Management

• Thaler Law Firm, P.A.

• Wachovia Trust

$1,000 Silver Sponsors

• Abbey, Adams, Byelick, Kiernan, Mueller & Lancasater, L.L.P.

• Pam & George Campbell

• Iurillo & Associates, P.A.

• St. Petersburg Downtown Partnership

• The Sembler Company

• Judy Stanton

• Sweetbay Supermarket

• Tucker & Ludin, P.A.

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www.stpetebar.com Paraclete – March 2007 21

$500 Bronze Sponsors

• Attorneys Title Insurance Fund

• Decker Beeler, P.A.

• Echelon Real Estate Services

• Freedom Bank

• LandAmerica

• Menorah Manor

• Stewart Title of Pinellas &Stewart Title Guaranty Company

Special Thanks To• Bayprint

• Best Evidence

• David’s Florals of Jess Jewelers

• InTouch Legal, Inc.

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hen Governor Jeb Bush appoint-

ed Edwin Bryant Jagger to the

Pinellas County Bench in October of 2005, he

appointed a man whose family already

demonstrated a commitment to the legal pro-

fession, public service, to fairness and the rule

of law. Judge Jagger is the son of the former

long-time Public Defender, Robert E. Jagger.

In addition, his older brother, Robert F.

Jagger, is a lawyer who worked for the

Pinellas County Attorney’s Office and

presently practices law with his wife in

Jacksonville, Florida. Also, Judge Jagger is

married to a lawyer, Melissa Jagger, who grad-

uated at the top of her class at Stetson and is

presently employed by the Guardian Ad

Litem’s Office. Furthermore, Melissa’s late

father, Sal Passafiume, was a well-respected

real estate lawyer in Pinellas County.

Judge Jagger grew up in North Redington Beach,

Florida and graduated from Boca Ciega High

School. He attended Western Carolina University

on a tennis scholarship and graduated with a

BSBA in business law. He began his legal career

as a college summer intern for Judge Susan

Schaeffer. While attending Stetson Law School,

he clerked for his mentor, Anthony S. Battaglia.

After graduating from Stetson, he received his

LL.M. in Taxation from the University of

Miami School of Law, and thereafter accepted

an associate position with the St. Petersburg

law firm of Battaglia, Ross, Dicus and Wein, P.A.

Judge Jagger’s father had an education and

career policy for his children: choose any

career you want AFTER you graduate from law

school. While in college, Judge Jagger thought

he was headed for a business career. However,

he went a step further than his father required

by obtaining his second law degree, and ended

up in the private practice of law with a firm

known for its litigation practice. Judge Jagger

started out in commercial litigation with the

Battaglia, Ross, law firm. In 1996, he was

named as a partner and was asked to Chair the

firm’s department relating to the administration

and litigation of issues in tax, probate, estate,

trust, and guardianships, a position he held

for 10 years until his appointment. Shortly

before leaving private practice, he received

his AV rating from Martindale Hubbell.

Currently, Judge Jagger serves on the boards

of the Western Carolina University Alumni

Association and the Youth Tennis Foundation

of Florida. After law school, he continued to

play competitive tennis. He obtained top five

state rankings in both the 25 and 35-age

divisions. He also achieved a national ranking

in the 35-age division and played for several

teams that competed nationally. The Judge

continues to play regularly today and also

spends several days a week in the gym. Further

life on the tennis court should contribute to

keeping him physically fit to withstand the

rigors and pressures placed on a jurist in the

court of law.

By Brant A. Bailey

Judicial Profile of County CourtJudge Edwin B. Jagger

W

Judge Jagger believes

that a Judge should be

honest, a good listener,

familiar with the law and

fair to the litigants.

Judge Jagger is humble,

courteous and unassuming.

These characteristics,

added to his stated

philosophies, should

assure those who

appear before him

that they will be treated

fairly and courteously.

22 St. Petersburg Bar Association www.stpetebar.com

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www.stpetebar.com Paraclete – March 2007 23

Judge Jagger is a devoted husband and father.

He disagrees with the assumption that it is

especially difficult for two lawyers to stay

happily married. On the contrary, he believes

that their common training and experience

aids the communication and understanding

required in a marriage. Judge Jagger and his

wife live in Seminole with their two young

sons, Jacob (6) and Blake (3), and dog “Duke.”

They also enjoy spending time at the family

mountain home in the western part of North

Carolina.

Judge Jagger believes that a Judge should be

honest, a good listener, familiar with the law,

and fair to the litigants. Judge Jagger is humble,

courteous and unassuming. These characteristics,

added to his stated philosophies, should assure

those who appear before him that they will

be treated fairly and courteously.

___________________________________________

Brant Bailey has practiced in St. Petersburg

since 1985. He received his J.D. from

Cumberland School of Law and an L.L.M. in

taxation from Washington University School of

Law. Brant leads the Wills, Trusts, Estate

Planning and Probate Department at

Battaglia, Ross, Dicus and Wein, P.A. He also

represents clients who are interested in

Adoption.

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24 St. Petersburg Bar Association www.stpetebar.com

s a marketing advisor and coach, onequestion I constantly grapple with

is this: how can good lawyers become greatmarketers? Driven to distraction by constantinterruptions, difficult staffing issues anddemanding clients, most attorneys don’t takethe time to do what it takes.

Many of our attorney clients are actually verygood at marketing when placed in the right situations. It’s getting them there that’s theproblem. Making phone calls with contacts ofteninvolves a lot of phone tag, calendaring clientdevelopment events takes time, and planningthe basic logistics of marketing is distracting.As a rule, attorneys aren’t very good at the initiation phase of marketing.

At Atticus, we believe this phase is essential –without someone to initiate and organizethese steps, most marketing efforts will neverget off the ground.

“If you aren’t successful in setting up lunches,dinners and meetings with referral sources,your client development efforts aren’t goingto be very strategic,” says Shawn McNalis, oneof our practice advisors, “If you’re not meetingwith the right people, then you’re relying onnothing more than happenstance to promoteyour practice. Happenstance will take youonly so far. We advise our clients to take amore proactive approach.”

Large firms can rely upon marketing directorsto deal with client development. But whatdoes the small firm practitioner do?

Enter the Marketing Assistant. When Atticusclient Mark Chinn, an attorney from Jackson,Mississippi, had difficulty marketing himself,he sought change. That change came to himin the form of a young college student studying marketing at a local junior college.

For a number of months, Chinn had been

listening to me promote the idea of leveraging

himself by hiring a marketing assistant. Though

his new assistant had little experience, Chinn

immediately noticed the difference that hiring

a marketing assistant made to his practice.

Every morning, armed with a list of contacts,

she and Chinn would have a short meeting

to strategize, set up lunches, and plan client

development events. They also focused on

placing articles about his firm in both local

and statewide newspapers.

To accomplish this last task, they compiled a

list of publications and set up the list as an

e-mail group in their database system.

Consequently, whenever something news-

worthy happened in Chinn’s office – a new

promotion, a new award – his marketing

assistant could automatically distribute the

news to the state or local press.

“She was so ambitious and proficient. Any

assignment I gave her came back to me ten

fold,” Chinn explained.

Rick Law, an estate-planning attorney in

Aurora, Illinois, also found it time-consuming

to market his practice to prospective referral

sources. To overcome this obstacle, he hired a

marketing assistant, Jonathan Johnson, who

instantly impressed Law with his initiative and

drive. Formerly a manager at a title insurance

company, Johnson used his background in

sales to assist Law in his marketing efforts.

Since hiring Johnson, Law’s marketing effortshave been revitalized. “Attorneys can tend tobe a little . . . prickly or porcupiny in our attitudes,” Law admits. “With my marketingassistant, there was a complete lack of that. Itwas very refreshing to me to see this outsider

help implement some of my ideas, but also bringfresh new ideas for marketing my practice.”

Recently, inspired by one of the other AtticusRainmaker participants, Johnson created anevent for Rick Law’s top referral sources. Similarto a Spanish tappas dinner, the evening’s menufeatured many small dishes instead of onemain course. “It was different, but the ideawas received quite well. We limited it to ourtop referral sources, which fit perfectly withour clientele – mostly caregivers and nursinghome professionals. Without my marketingassistant, this event would never have gottenoff the ground,” Law said.

To leverage your marketing efforts by workingwith a marketing assistant, consider delegatinga number of different client developmentactivities:

• Schedule lunch/breakfast marketing meetings

• Manage your database of clients and referralsources

• Plan and manage parties, seminars and othergroup events

• Build and manage a TOMA program – newsletter, email, birthday list

• Assist in preparation for speaking engagements

• Prompt you to write thank you notes

• Deliver gifts and buy tickets for your referralsources

• Prompt you into action when you stop marketing

There are several different ways for smallfirms to employ a marketing assistant. For $8to $15 per hour, depending on your location,you can hire someone to work for you parttime, such as Mark Chinn’s college student. Ifyou require more support, hire someone full-

RAINMAKINGThe Marketing Assistant -

What Do Great Marketers Know That You Don’t?

By Mark Powers

A

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www.stpetebar.com Paraclete – March 2007 25

time, as Rick Law did, or draft one of yourexisting staff members to help. This lastoption is the most popular among my clients,but I’m particularly fond of contracting withvirtual marketing assistants. Consider thisoption if you have limited office space or arenot interested in hiring another employee.Since virtual marketing assistants work fromtheir homes or remote office locations, a lawfirm doesn’t have to free up office space orinclude them on the payroll. The firm canspecify how much time they need on a weekly,monthly, or per project basis. Virtual marketingassistants are paid $20 and $45 per hour,depending on their qualifications. I currentlywork with several virtual assistants who willwork as little as 10 hours, or upwards of 80hours per month, depending on my need fortheir services.

No matter how you set it up, this is an idea thatworks. We have identified the 21 most importantMarketing Assets that a rainmaker must acquireto be successful, and I rate having a marketingassistant third overall in effectiveness.

In the words of Rick Law, “If you work withyour marketing assistant to plan two or threemarketing contacts a week, by the end of ayear you’ll have made a hundred to a hundredand fifty marketing contacts. If that manymarketing contacts a year won’t stimulate newbusiness, nothing will!” I couldn’t agree more. Ifyou are too busy to initiate client developmentactivities, don’t despair – delegate.

Quick Tips:

• Hire an intern – preferably a college student with some experience in marketing– to rejuvenate your practice.

• Meet with your new assistant frequently with several projects – it will be his or her jobto “lighten your load” and help you marketyour practice.

• “Newspapers are the single greatest source of public relations.” Study the content fillingthe pages of your local newspaper. Make contacts with the staff of the local paper, and regularly submit newsworthy articles to them.

• Have your marketing assistant organize an event for your top referral sources. Determine your top referral sources by listingall of your files ranked by fees – from highestto lowest – for the last year. Read through the list and attribute each case to a referral source. This exercise will point you to your top referrers.

___________________________________________

Mark Powers is the President of Atticus, Inc. and

a regular contributor to the Paraclete. Mark co-

authored "The Making of a Rainmaker: An

Ethical Approach to Marketing for Solo and Small

Firm Practitioners" and founded Rainmakers™, a

simple process for attorneys at all levels to stay

focused on marketing, creating fresh ideas, and

on-going accountability to marketing. To learn

more about Atticus or Rainmakers™, please visit

the Atticus website at www.atticusonline.com or

contact the Atticus office at 352-383-0490.

Want To Expand YourClient Base?

Call the

Lawyer Referral Serviceof the

St. Petersburg Bar

Association

at

823-7474for information

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Staffing Woes?

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26 St. Petersburg Bar Association www.stpetebar.com

or those of you who watch “The

Apprentice,” Donald Trump’s television

reality show, you may remember that Kendra

Todd was the winning candidate in the show’s

third season, the first successful woman

contestant and the first from Florida. As an

instant television celebrity, Kendra’s name

immediately became a valuable commodity,

and sure enough, someone came along trying

to make a few bucks at her expense.

One of Kendra’s former associates in the real

estate business, Leo Miller, bought the domain

name kendratodd.com, just before she was

scheduled to appear on the show, when it

looked like a domain name with a contestant’s

name in it might prove valuable. The two

had had a business conflict, and Miller

thought that he could extract money from

her by holding the domain name hostage. He

demanded that she pay him $30,000 and

threatened that if she did not pay him, he

would “use the website to generate business

and recoup his “losses.”

After Kendra’s lawyer sent Miller a cease and

desist letter, he posted a variety of false,

disparaging, and defamatory statements on

the website, including one that said, “Kendra

Todd, now appearing on NBC’s ‘The Apprentice’

has been named in a lawsuit filed by Leo

Miller.” The statement was completely false,

and the Respondent never filed a lawsuit.

After further unsuccessful attempts to obtain

rights to the domain name, Kendra brought a

complaint under the Uniform Dispute

Resolution Policy (UDRP), a dispute policy

implemented by ICANN, the Internet

Corporation for Assigned Names and Numbers,

the entity that provides technical coordination

for the Internet, including the assignment of

Internet domain names.

Under the UDRP, when a complaint is filed

against the owner of a domain name, the owner

must submit to a mandatory administrative

proceeding conducted before a dispute

resolution service provider approved by ICANN.

Among these are the World Intellectual Property

Organization (WIPO) and the National

Arbitration Forum.

Under the UDRP, a complainant may assert a

cause of action against a domain name holder if

(1) the domain name is identical or confusingly

similar to a trademark or service mark in which

the complainant has rights; (2) the domain

name holder has no rights or legitimate interest

with respect to the domain name; and (3) the

domain name has been registered and is being

used in bad faith. In the dispute resolution

proceeding, the complainant must prove all

three elements.

The panel considers several elements to be

evidence of bad faith registration and use of a

domain name, including (1) whether the

domain name holder has registered or acquired

a domain name primarily for the purpose of

By David Roy Ellis

Florida “Apprentice” TrumpsInternet Cybersquatter inDomain Name Dispute

Florida “Apprentice” TrumpsInternet Cybersquatter inDomain Name Dispute

F

Who steals my purse

steals trash,

But he that filches from me

my good name

Robs me of that which

not enriches him,

And makes me poor

indeed.

Shakespeare’s Othello.

Act III, Scene 3.

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www.stpetebar.com Paraclete – March 2007 27

selling, renting or otherwise transferring the

domain name registration to the complainant;

(2) registering the domain name to prevent

the owner of a trademark from registering the

domain name; (3) registering the domain

name primarily for the purpose of disrupting

the business of a competitor; or (4) using the

domain name to intentionally attract for

commercial gain Internet users to a website

or other online location by creating a likeli-

hood of confusion. If the panel finds one of

more of these elements, it may order the

transfer of the domain name.

Kendra’s case was submitted to the National

Arbitration Forum (NAF) for adjudication by

a single panelist in the summer of 2006, and

he ruled in her favor. The arbitrator agreed that

Kendra had established trademark rights in her

name through a state trademark registration,

a federal trademark application, and because

the mark was her personal name. Under the

UDRP, celebrities may have sufficient proprietary

rights in their names due to their fame and the

association of their names with their personas.

Thus, entertainers like Julia Roberts, Mick

Jagger, and Kevin Spacey have won domain

dispute cases because they had established

sufficient secondary associations in their names

to acquire common law trademark rights, and

Kendra had achieved a similar kind of fame

through her appearances on “The Apprentice.”

The arbitrator also found that Miller had used

the website to display false information about

Kendra and had attempted to use the domain

name as leverage in attempting to collect money

from Kendra and sell her the domain name.

He ruled that Miller was not using the domain

name for a bona fide offering of goods or

services or for a legitimate noncommercial or

fair use. He also found that Miller registered

the domain name to create confusion as to

the source and affiliation with Kendra and

that such use of the domain name constituted

bad faith registration and use.

The arbitrator therefore ruled that all three

elements required under the UDRP were

satisfied, and that the kendratodd.com domain

name had to be transferred from Miller to

Kendra. Shortly afterwards, the registrar

transferred the domain name to Kendra and

she had the full use of the domain name that

carried her name.

Copyright © 2006 David R. EllisAll rights reserved

___________________________________________

David Ellis is a Largo attorney practicing

copyrights, trademarks, patents, trade secrets,

and intellectual property law; computer and

cyberspace law; business, entertainment and

arts law; and franchise, licensing and contract

law. A graduate of M.I.T. and Harvard Law

School, he is a registered patent attorney and

the author of the book, A Computer Law

Primer. He has taught Intellectual Property

and Computer Law as an Adjunct Professor at

the Law Schools of the University of Florida

and Stetson University.

Please direct comments to

[email protected]

http://www.lawyers.com/davidrellis

Judicial InvestituresFriday, March 9, 2007, 4:00 p.m.

Judge Shawn Crane

Judge Pat Siracusa

Criminal Justice Center, Courtroom One

14250 49th Street North, Clearwater, FL

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Civil Jury Verdict ReportsBOBBY and JEANNE WHITE. vs. AUTO OWNERS INSURANCE CO.

Case no. 03-9700-CI-8

Presiding Judge: Honorable Frank Quesada

For the Plaintiff(s): Brian Johnson, Esq.

For the Defendant(s): Gregory Jones, Esq.

Action for insurance coverage for personal injuries (neck) due to alleged auto negligence

Verdict: For Defendant on issue of liability

__________________________________________________________________

PLATINUM VAULT, INC. vs. ESSENTIAL EXECUTIVE, JAMESHARTLEY and REH SOUTH V, INC.

Case no. 98-7815-CI-13

Presiding Judge: Honorable Mark Shames

For the Plaintiff(s): David J. Sockol, Jr. Esq.

For the Defendant(s): Emory Wood, Esq.

Action for civil theft, breach of contract following landlord tenant disputethat included a dispute over retained personal property, and also includingan unjust enrichment claim for improvements to the real property

Verdict: For the Plaintiff in the amount of approximately $76,668.00for unjust enrichment as to the improvements and $97,923 as to thecivil theft of personal property.

__________________________________________________________________

PAMELA BAHR vs. BAY AREA WOMEN’S CARE

Case no. 03-0555-CI-19

Presiding Judge: Honorable Amy Williams

For the Plaintiff(s): John Shipley, Esq.

For the Defendant(s): Kenneth Deacon, Esq.,

Action for personal injuries (brain damage to child) due to alleged medicalmalpractice in delivery

Verdict: For Defendant

__________________________________________________________________

BRENDA and CARL STATON vs. ALLSTATE INSURANCE CO.

Case no. 05-2669-CI-19

Presiding Judge: Honorable Mark Shames

For the Plaintiff(s): Derek Reams, Esq.

For the Defendant(s): Troy McRitchie, Esq.,

Action for U/M coverage for personal injuries (cervical and lumbar disk herniation)

Verdict: For Defendant

__________________________________________________________________

ROBERT HERMAN vs. ETHEL CHRISTENSEN

Case no. 05-0231-CI-8

Presiding Judge: Honorable Frank Quesada

For the Plaintiff(s): Frank Currie, Esq.

For the Defendant(s): T.R. Unice, Esq.

Action for personal injuries (low back) due to alleged auto negligence

Verdict: For Plaintiff in the amount of approximately $52,000

__________________________________________________________________

ESTATE OF WOLF etc. et al. vs. THOMAS M. MIXA, M.D.

Case no. 02-2963-CI-19

Presiding Judge: Honorable Amy Williams

For the Plaintiff(s): David Kesler, Esq.

For the Defendant(s): James B. Thompson, Esq. and Andrea Antolik, Esq.

Action for personal injuries (leg amputation) due to alleged medical mal-practice in failure to properly treat diabetes

Verdict: For Defendant

__________________________________________________________________

KEVIN JOHNSON vs. TACO BELL OF AMERICA, INC.

Case no. 04-3264-CI-19

Presiding Judge: Honorable Amy Williams

For the Plaintiff(s): D. Lee Pitisci, Esq.

For the Defendant(s): Rick Mattson, Esq.

Action for personal injuries due to slip and fall

Verdict: For Plaintiff in the amount of approximately $500.00

__________________________________________________________________

JOY LUSTIG vs. ALLSTATE INSURANCE CO.

Case no. 05-6949-CI-11

Presiding Judge: Honorable Frank Quesada

For the Plaintiff(s): Frank Currie, Esq.

For the Defendant(s): William K. Bennett, Esq.

Action for u/m insurance coverage for personal injuries (torn ligament inknee) due to alleged auto negligence

Verdict: For Defendant

__________________________________________________________________

WILLIAM and MARGIE HART vs. PHILLIP MORNEAU

Case no. 04-1219-CI-8

Presiding Judge: Honorable Frank Quesada

For the Plaintiff(s): Todd Seidon, Esq.

For the Defendant(s): Bruce Austin, Esq.

28 St. Petersburg Bar Association www.stpetebar.com

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St. Petersburg August, September and November 2006

Action for personal injuries (cervical disk herniation) due to alleged autonegligence

Verdict: For Plaintiff in the amount of approximately $20,000 formedical expenses

_________________________________________________________________

HARRIET HITCHCOX vs. FLORIDA FARM BUREAU INSURANCE CO.

Case no. 03-4544-CI-8

Presiding Judge: Honorable Frank Quesada

For the Plaintiff(s): Paul Castagliola, Esq.

For the Defendant(s): Robert Stoler, Esq.

Action for u/m insurance coverage for personal injuries (bladder, surgeryrequired) due to alleged auto negligence

Verdict: For Plaintiff in the amount of approximately $7,800.

_________________________________________________________________

SHANTELE DIXON vs. ALLSTATE INSURANCE CO.

Case no. 05-8046-CI-8

Presiding Judge: Honorable Frank Quesada

For the Plaintiff(s): Joseph Chambers, Esq.

For the Defendant(s): Johnathon Brereton-Hubbard, Esq.

Action for u/m insurance coverage for personal injuries (soft tissue, back)due to alleged auto negligence

Verdict: For Plaintiff in the amount of approximately $3,000.

_________________________________________________________________

ANGELICA CAMILLO vs. STATE FARM MUTUAL

Case no. 03-6156-CI-11

Presiding Judge: Honorable Walt Logan

For the Plaintiff(s): Joel Yanchuck, Esq. and Angela Zervos, Esq.

For the Defendant(s): J. Emory Wood, Esq.

Action for u/m insurance coverage for personal injuries (herniated cervicaldisk) due to alleged auto negligence

Verdict: For Plaintiff in the amount of approximately $617,000, withno comparative negligence.

_________________________________________________________________

RED BEAR CLOTHING, INC. vs. KIDDER AND SONS ROFFING, INC.

Case no. 04-8803-CI-19

Presiding Judge: Honorable Amy Williams

For the Plaintiff(s): Walter Smith Esq.

For the Defendant(s): Thomas Valdez, Esq. and Peter Molinelli, Esq.

Action for civil theft, breach of contract

Verdict: For the Plaintiff in the amount of approximately

_________________________________________________________________

DALE WILLIAMS vs. STATE FARM MUTUAL

Case no. 03-4767-SC-045

Presiding Judge: Honorable Walt Fullerton

For the Plaintiff(s): Daniel J. Leeper, Esq.

For the Defendant(s): Robert H. Oxendine, Esq.

Action for PIP insurance coverage for medical expenses (orthopedic chairand pillow) due to alleged auto negligence

Verdict: For Plaintiff in the amount of $1,694.00, the amount of theclaim.

_________________________________________________________________

DANA IBBITSON vs. STATE FARM MUTUAL

Case no. 05-665-SC-046

Presiding Judge: Honorable Henry Andringa

For the Plaintiff(s): Jeff Chambers, Esq.

For the Defendant(s): Jennifer Mandelbaum, Esq.

Action for PIP insurance coverage for chiropractic treatment for personalinjuries (soft tissue) due to alleged auto negligence

Verdict: For Plaintiff in the amount of approximately $908.00, theamount of the claim.

_________________________________________________________________

RED BEAR CLOTHING, INC. vs. KIDDER AND SONS ROOFING, INC.

Case no. 04-8803-CI-19

Presiding Judge: Honorable Amy Williams

For the Plaintiff(s): Walter Smith, Esq.

For the Defendant(s): Thomas Valdez, Esq. and Peter Molinelli, Esq.,

Action for damage to business due to alleged negligent roof work

Verdict: For Plaintiff in the amount of $300,000, reduced by 50%comparative negligence

_________________________________________________________________

BARRY and RENEE SOSBY vs. GERHARD ZIMMERMAN

Case no. 03-6401-CI-19

Presiding Judge: Honorable Amy Williams

For the Plaintiff(s): Alan Watson, Esq.

For the Defendant(s): Evelio Garcia, Esq.,

Action for personal injuries (cervical disk herniation on husband, thorassicdisk herniation on wife) due to alleged auto negligence

Verdict: For Plaintiff in the approximate amounts of $165,000 forthe husband and $92,000 for the wife

_________________________________________________________________

www.stpetebar.com Paraclete – March 2007 29

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30 St. Petersburg Bar Association www.stpetebar.com

In honor of St. Patrick’s Day, and with a nod toward those members in my ancestral tree who hailed from the Emerald Isle, I offer some tradi-tional Irish and Gaelic sayings, blessings, toasts, and proverbs:

"May the sons of your daughters smile up in your face." •

“You've got to do your own growing, no matter how tall your grandfather was.” •

“May there be a generation of children on the children of your children.”•

“Praise the young and they will blossom.”•

"Children begin by loving their parents. After a time they judge them. Rarely, if ever, do they forgive them."•

“If you don’t sow in spring, you won’t reap in autumn.” Translation: “What you learn while young will help when old.”•

“Little pigs have big ears.” Translation: “Children hear more than you think.”•

“As the big hound is, so will the pup be.” Translation: “Children learn from their parents.”•

“To the black crow its offspring is bright.” Translation: “All children are wonderful.”•

A Gaelic Christening BlessingBless this child and bless this day

Of new beginningsSmile upon this child

And surround this childWith the soft mantle of your love.

Teach this child to follow in your footsteps,And to live life in the ways ofLove, faith, hope and charity.

•“May you get all your wishes but one so you always have something to strive for.”

•“It's easy to be pleasant when life flows by like a song. But the man worth while is the one who can smilewhen everything goes dead wrong.”

•“Everyone is nice till the cow gets into the garden”

•May your day be touched by a bit of Irish luck, brightened by a song in your heart,

and warmed by the smiles of the people you love. Happy St. Patrick’s Day!

Gay Inskeep is the Trial Courts Administrator in the Sixth Judicial Circuit. She visited Romania in November 2006 as part of a team which included CircuitJudge Irene H. Sullivan, Dr. Cindy Zarling of the Sixth Circuit’s Behavioral Evaluation Program, and Jane Harper, Executive Director of Family Resources. The

team was invited to Romania by Bruce Thomas, the Executive Director of Livada Orphan Care, a non-profit foundation serving children in orphan care inRomania. Besides touring the institutions and group homes, they spent a week visiting courthouses, universities, law schools, county officials, child protectionworkers, and local bar associations speaking about the circuit’s Unified Family Court, as well as discussing the adoption process, the foster care system in

Florida, and various resources available to children in our community.

By Gay L. Inskeep

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MEDIATION & ARBITRATIONDALAN & KATZ, P.L.

Attorneys at Law* Rick Dalan & Jeffrey M. Katz

• *Board Certified Civil Trial Lawyer• Certified Circuit Civil Court

Mediator• *Certified Federal Court Mediator

Middle District• AV Rated

• Personal Injury Litigation• Coverage Litigation• Medical Malpractice• Wrongful Death• Products Liability• Construction Litigation• Commercial Litigation• Discrimination Claims• First Party Insurance Claims

• Insurance Defense• Plaintiff Personal Injury• Premises Liability Claims• Coverage Litigation• Products Liability Claims• Wrongful Death Claims• UM Claims• Auto Negligence Claims• Construction Litigation• First Party Claims

2633 McCormick Drive, Suite 101Clearwater, Florida 33759

Phone: (727) 796-1000 or (800) 538-4173Facsimile: (727) 797-2200

Experienced in:Mediation Services for:Certifications:

www.stpetebar.com Paraclete – March 2007 31

St. Petersburg Bar Association March Membership Meeting

The St. Pete Bar WelcomesMayor Rick Baker

Friday, March 9, 2007

Mirror Lake Lyceum

737 Third Ave. North, St. Pete

11:45 a.m. Registration

Buffet opens at Noon

Mediation and ADR: From "Alternative" to "Mainstream”

March 9, 2007 ~ 1:15 to 5:15 p.m.Immediately following the St. Pete BarMembership LuncheonMirror Lake Lyceum737 Third Avenue North, St. Petersburg

4 Hours CLE - including 1 hour of Ethics, applied for.

See the flyer in this issue or register online at www.stpetebar.com

See the flyer in this issue or register online at www.stpetebar.com

ATTENTION MEDIATORS!This course is eligible for up to 4 CME hours.

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32 St. Petersburg Bar Association www.stpetebar.com www.stpetebar.com Paraclete – March 2007 33

I am pleased to announce a new and exciting

collaboration between the Community Law

Program and CASA, Inc. that is sure to increase

access to the civil judicial system for hundreds

of local survivors of domestic violence. CASA,

Inc. is a local non-profit organization, whose

mission is to advocate for social change by

providing community education, outreach

support, crisis intervention, and safe environ-

ments for survivors of domestic violence and

their children. Since 1977, CASA has been

fulfilling this mission for thousands in the

community.

Although certainly not all survivors of domestic

violence are poor, poverty perpetuates abuse,

and poverty impedes equal access to justice.

Therefore, in order for the Community Law

Program to fulfill its mission of ensuring equal

access to justice by providing free legal services

to low-income residents of southern Pinellas

County, we needed to find additional resources

to serve more survivors of domestic violence,

so that these individuals would not have to

remain in an abusive situation because they

could not afford representation. CASA, Inc.,

which provides a holistic approach to the

prevention of domestic violence, but which

still needed help fulfilling the legal advocacy

component of its mission, was the perfect

organization with which to collaborate to fur-

ther our joint goals.

This new project is made possible due to the

passage of the Florida Access to Civil Legal

Assistance Act, which took effect July 1, 2006.

See Fla. Stat. § 68.094 et. Seq. (2006 Supp).

This new law provides statewide funding to

legal services organizations to secure legal rights

of eligible clients in certain substantive areas

of the law, including family law and domestic

violence. This new funding, which comes

from a subgrant agreement from the Department

of Community Affairs to The Florida Bar

Foundation, is being used by Community Law

Program to employ a part-time attorney dedicated

to providing direct legal assistance to income

eligible domestic violence survivors.

The unique aspect about this project is that

the part-time attorney is physically housed at

CASA, Inc., thanks to the generosity of Linda

Osmundson, Executive Director of CASA, Inc.

and its staff, who are donating space and other

in-kind resources to us. By virtue of this

arrangement, domestic violence survivors will

have convenient and on-site access to free legal

assistance in a familiar and accepting

environment. This method of service delivery

has been one of Community Law Program’s

hallmarks within the community through the

years. For years, Community Law Program has

relied upon the generosity of private attorneys

to staff free legal advice clinics throughout

the community that target specific undeserved

populations, such as intercity residents at the

James B. Sanderlin Family Service Center, the

homeless at St. Vincent DePaul Soup Kitchen,

and the elderly at the Sunshine Senior Center.

By Kimberly Rodgers, Executive Director

CommunityLawProgram

The Community Law Program, Inc. is a non-profit corporation formed in 1989 by members of the St. PetersburgBar Association concerned about the civil legal needs of low income residents ofSouthern Pinellas County, Florida. Over the years, the CLP has recruited a panelof 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 service, contact the Community Law Program at 727-582-7480.

Making a Difference in the Lives of Domestic Violence Survivors

CASA

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www.stpetebar.com Paraclete – March 2007 33

This project goes one step further in that

domestic violence survivors who fall within

the project’s priorities will receive full-blown

legal representation from Community Law

Program staff. Since, however, we presently

only have a part-time attorney to provide direct

representation, the need for private attorneys

willing to represent domestic violence survivors

pro bono in family law cases still remains.

We were extremely fortunate to hire Donna

Lonsberry to fill this important new position

at Community Law Program. Donna will

introduce herself to you in next month’s column.

Suffice it to say, however, that she has already

made such a tremendous difference in the lives

of the clients she has helped and is already

helping me identify ways in which we can

educate those survivors whom we may never

personally meet. Along with Donna, I am

pleased that our Clinic Coordinator, Elizabeth

Porcelli, who left some time ago, has returned

to the CLP family.

For years, Gulfcoast Legal Services has provided

direct legal services to domestic violence

survivors throughout Pinellas County and in

Sarasota and Manatee Counties. Community

Law Program’s collaboration with CASA is not

intended in any way to compete with or

duplicate the remarkable work our sister

organization has done for this silent and ever

growing segment of our population. Rather, it

is our intent that this project will supplement

these services by providing a means for a small

segment of this population within southern

Pinellas County to have access to a full range

of legal services in the area of family law,

including, but not limited to, representation

in contested dissolution of marriage actions,

paternity cases, and modifications of injunctions

and final judgments. If funding for this project

continues, I hope to broaden the scope of legal

services provided to these individuals. Moreover,

as we become more empowered as a community

to break the silence of domestic violence and

as the community becomes more diverse in

terms of ethnicity, nationality, and disability,

the need for more resources devoted to helping

survivors navigate the civil judicial system so

that they can stabilize themselves and their

children will remain unmet.

To make your contribution towards fulfilling

this omnipresent need, please contact me directly

at [email protected], or at (727) 582–7480.

You can help by agreeing to accept a pro bono

case for a survivor in need of remaining free

from abuse, by making a monetary contribution

in support of this project and/or other projects

at Community Law, or both. In addition, you

can make a regular commitment of as little as

two hours per week to staff one of our 27

civil legal advice clinics and self-help programs.

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34 St. Petersburg Bar Association www.stpetebar.com

Glenn M. Woodworth, Esq.

Practice limited to

Civil Mediation•

Certified Civil Mediator•

Board Certified Civil Trial (Emeritus)•

38 years Trial experience•

AMERICAN COLLEGE OFTRIAL LAWYERS

•The Best Lawyers in America

1989 - 2000•

[email protected]

352-771-0115

JANE H. GROSSMAN,ESQUIRE

Practice Limited Exclusively ToFAMILY LAW APPEALS

All District Courts of Appeal19 Years of Experience

(727) 823-7600

There are always opportunities for the

Young Lawyers Section (YLS) of the St.

Petersburg Bar Association to organize and

implement community and public service

activities/events and to host social get-

togethers for our membership and

members of the St. Pete Bar as a whole.

Throughout the year, the section works

tirelessly to further our mission and has a

good time doing it.

The section is currently seeking local attorneys

under 36 years old OR those who have been

practicing for fewer than 10 years to become

part of our active group and participate in

our many projects and events planned to

strengthen our community and increase

our own levels of professionalism. Being

involved with the YLS is a great way to mix

and mingle with judges and senior attorneys

who encourage us by attending and

participating in our activities.

We have an upcoming section meeting

planned for the Criminal Justice Center in

Clearwater this March, so Assistant State

Attorneys and Public Defenders who are

unable to get to the Bar office to attend

our meetings will be able to join us. Please

visit the bar website for the exact date.

Also, watch your emails for other upcoming

activities and socials!

The YLS is working on a big OCTOBER-

FEST bash lined up for the fall. All young

lawyers interested in being part of this

event should come to a meeting or

contact our Chair, Shawna Mucario, at

smucario@mucariolaw for further

information. We already have done a lot of

the preplanning for this huge effort, but we

need lots of young lawyers to participate if

we are to succeed at making this one of the

best events we have ever held.

In May, we will also be providing volunteers

for the Tampa Bay Blues Festival, an annual

three-day musical event whose proceeds

fund PARC (Pinellas Association for

Retarded Children). Please contact Paul V.

Suppicich at [email protected] if you

would like to sign up.

If you qualify, please consider becoming a

member of the Young Lawyer’s Section;

contact the Bar office or come to a meeting.

The YLS generally meets on the third

Wednesday of each month at 12:00 noon

at the bar offices on M.L. King Street.

________________________________________

Paul V. Suppicich is an associate attorney with

the Tampa Civil

Litigation firm of

Terry & Dato.

Suppicich is also an

associate member of

the Ferguson-White

American Inn of

Court in Tampa and

is serving this year as

the Chair of the SPBA’s Stetson Law Liaison

Committee.

Submitted on behalf of the Young Lawyers Section

Young Lawyers CornerYoung Lawyers Section Seeks Members

By Paul V. Suppicich

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www.stpetebar.com Paraclete – March 2007 35

What’s Up and Who’s NewMarch 2007

New Members

BOGEL, TAUNA REN

P.O. Box 5028, Clearwater, FL 33758-5028

Phone: 727-504-0006

E-mail: [email protected]

Admitted to The Florida Bar in 2001. Ms. Bogel

is an Assistant State Attorney, Sixth Judicial

Circuit.

DRECHSEL, JOSHUA

750 94th Ave. N., Suite 202

St. Petersburg, FL 33702

Phone: 727-576-6262; Fax: 727-563-0703

E-mail: [email protected]

Admitted to The Florida Bar in 1997. Mr.

Drechsel is a partner in the firm Brumbelow,

Drechsel Law Group, P.A.

ELLIS, DAVID ROBERT

275 N. Clearwater-Largo Road

Largo, FL 33770

Phone: 727518-6544, Fax: 727-518-9743

E-mail: [email protected]

Admitted to The Florida Bar in 1992. Mr. Ellis is

a sole practitioner.

GARBER, KATHRYN

8370 W. Hillsborough Ave., Suite 201

Tampa, FL 33615

Phone: 813-890-9201, Fax: 813-890-9203

E-mail: [email protected]

Admitted to The Florida Bar in 2006. Ms. Garber

is an associate in the Law Office of Marsico &

Bilodeau.

HAWKINS-LEON, CYNTHIA G.

1401 61st Street South, Gulfport, FL 33707

Phone: 727-562-7885, Fax: 727-347-3738

E-mail: [email protected]

B.A. from Wellesley College and J.D. from

Harvard Law School. Admitted to the Bar in

Washington D.C. and Pennsylvania. Ms.

Hawkins-Leon is a Professor of Law at Stetson

University College of Law.

LANGE, GEORGE W., JR.

13535 Feather Sound Drive, Suite 220

Clearwater, FL 33616

Phone: 727-592-6916, Fax: 727-571-7154

E-mail: [email protected]

B.A. from Southeast Missouri University, J.D.

from Louis University. Mr. Lange is the Senior

Vice President/Senior Trust Officer of Regions

Morgan Keegan Trust Company.

SPARKMAN, SHAZIA NAGAMIA

1924 9th St. N., St. Petersburg, FL 33704

Phone: 727-502-5297, Fax: 727-502-5298

E-mail: [email protected]

Admitted to The Florida Bar in 2005. Ms.

Sparkman is a sole practitioner.

ST. JOHN, SUSAN

P.O. Box 5028

Clearwater, FL 33758-5028

Phone: 727-464-7198

E-mail: [email protected]

Admitted to The Florida Bar in 2004. Ms. St.

John is employed in the Office of the State

Attorney.

Stetson Student Members

BACON, BRITTNY PHILLIPS

2959 First Ave. N., St. Petersburg, FL 33713

Phone: 727-327-3935, Fax: 727-323-4936

E-mail: [email protected]

Ms. Bacon is employed with Bacon & Bacon, P.A.

Kim

ber

ly N

ole

n H

opk

ins

Esq

Board CertifiedAppelate Attorney

Former Assistant Attorney General

with 12 years experience and

more than 180 reported opinions,

including 38 cases before the

Florida Supreme Court.

Criminal Appeals

Civil Appeals

Postconviction Litigation

Federal and State Representation

16057 Tampa Palms Blvd. W.

Suite 149

Tampa, FL 33647

Telephone: (813) 240-2455

E-mail: [email protected]

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36 St. Petersburg Bar Association www.stpetebar.com

Classifieds March 2007

Office Space:

PINELLAS PARK – Office Space for Lease -

6251 Park Blvd., Pinellas Park. Prime location,

excellent signage and visibility, ample parking,

MOVE-IN condition. Ideal for independent

attorneys or small law firms.550 sq-ft available

at $650 per month. Rent includes water/sewer/

garbage, property tax, and common area

maintenance. For more info, please call

727-327-3500.

___________________________________________

ST. PETERSBURG – MacDill Federal Credit

Union Building, 2600 Dr. M.L. King Jr. St. N.,

in St. Petersburg has 1,246 sq. ft. of prime

office space available. $16.00/sq. ft., full service.

Signage available. Great proximity to the

downtown area. Please call Alan Feldshue

with Colliers Arnold at 727-442-7184.

___________________________________________

ST. PETERSBURG – Office space available,

5960 Central Avenue, Suite B, St. Petersburg,

Florida. Share with 2 attorneys, separate

secretarial office, conference room, free parking.

Call Don O’Leary 727-343-3800.

___________________________________________

ST. PETERSBURG – Senior Practitioner has

office space for lease with amenities. Large

offices less than 1 block from St. Petersburg

Courthouse with assigned off street parking

space. Common use of reception area, current

Florida library, closing and break rooms, utilities

except telephone, included. Call Joe Lang

727-894-0676 for more details.

ST. PETERSBURG – Executive offices for rent,

St. Pete, 9th Street North, $350.00 and up, all

utilities included. Call 727-562-9677 or

Glenda at 727-492-5855.

___________________________________________

ST. PETERSBURG – Downtown Office Space

for Lease at 600 First Avenue North, across

from the Courthouse. Great location

convenient to City Hall, County Building,

Courthouse, restaurants, other lawyers, and

legal support providers. Covered parking.

Fully wired for both high speed DSL and

cable modem data services. Professional legal

office environment in a building that

includes the law offices of some of the “Best

Lawyers in Tampa Bay, 2006.” 1500 sq. ft.

soon to be available. Call 727-821-6699 or

email [email protected].

___________________________________________

ST. PETERSBURG – Prime Downtown Office

Space overlooking Tampa Bay. Share 1405 sq.

ft. office and assistant with other attorney.

Office fully equipped and furnished.

727-898-9292.

___________________________________________

Position Available:

ST. PETERSBURG – Seeking second lawyer to

grow with new law firm. Arrangement to be

initiated via free space plus commission based

on percentage of fees. Owner intends to

expand and put benefits packages into place

within one to two months based on collective

shared interests of attorneys and staff. Seeking

attorney with at least 1-2 years experience but

will consider new attorney with prior

career/substantial prior work experience and

interest in furthering entrepreneurial nature

of arrangement. Large attorney office, along

with secretarial/administrative area, lounge

area and conference room included for the

right person. Firm will also provide, and, if

necessary, perform, all bookkeeping, billing,

normal collections less than 90 days in arrears,

and management/payment of all fixed

expenses included (handled by owner); on

site bookkeeper also willing to billing input

to permit attorneys to devote more time to

client work; flex time/partial telecommuting

arrangement would be permitted under the

right circumstances so long as all client

appointments conducted on site and all clients

sign firm's retainer agreements, go through

firm's billing services, etc., so that staff may

handle creation of client files, initiation of

retainer arrangements, and billing accounts

in timely manner. Large offices are located in

standalone on Mirror Lake 2 blocks from St.

Pete Courthouse, on-site parking and free

street parking are also all included. Would

also consider renting space to solo practitioner

as well. Please call owner at 823-1144 ASAP if

interested (serious inquiries only, please.)

Paraclete Classified Deadlines

Please submit your classifieds for upcoming issues by the following deadlines:

June 2007 issue: must be received by Noon on April 15, 2007

May 2007 issue: must be received by Noon on March 15, 2007

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www.stpetebar.com Paraclete – March 2007 37

AlcoholicsAnonymous ofPinellas County

www.aapinellas.org24 Hour Help Line

(727) 530-0415Spanish

(877) 209-0523www.stpetebar.com

Visit the St. Pete Bar

Online

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38 St. Petersburg Bar Association www.stpetebar.com

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www.stpetebar.com Paraclete – March 2007 39

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