to the Club at Eaglebrooke for our monthly meetings

September/ October 2013
2013-2014
SCHEDULE OF EVENTS
ALLMEMBERSHIP LUNCHEONS
12:00 noon
At
The Club at Eaglebrooke
September 2013
6 Member Luncheon (Canady)
26 Board of Directors Meeting
October 2013
4 Members Luncheon (Tuma)
5 Journal article deadline
24 Board of Directors Meeting
November 2013
1 Member Luncheon (Wells)
21 Board of Directors Meeting
December 2013
NO Membership Luncheon
5 Journal Article deadline
19 Board of Directors Meeting
January 2014
3 Membership Luncheon
23 Board of Directors Meeting
February 2014
7 Membership Luncheon (Allen)
5 Journal article deadline
27 Board of Directors Meeting
March 2014
7 Membership Luncheon
27 Board of Directors Meeting
April 2014
4
Membership JA Luncheon
(Smith)
5 Journal article deadline
24 Board of Directors Meeting
May 2014
Law day
9 Membership Luncheon (Pettis)
CONTENTS
2 President’s Message
3 Court Administrator
Administrator /
Judicial Assignments
3 Bar Conference / Meet your
President
5 Membership Application
6 Member from Past/
Minutes from Past
7 Attacking
Attacking Experts/
Karla Wright Award
8 Board of Governors Report
9 Book Review
10 Immigration Article
11 Advertising Policies
[email protected]
Justice Charles T. Canady will
be our Guest Speaker on
September 6th
Our first
luncheon
meeting of the year
will be held at noon on
Friday, September 6th
at The
Club
at
Eaglebrooke. Our guest
speaker will be Justice
Charles T. Canady.
Justice Charles Canady was born in
Lakeland, Florida and received his B.A.
from Haverford College in 1976 and his J.D.
from the Yale Law School in 1979.
Justice Canady practiced law with the firm
of Holland and Knight in Lakeland from
1979 through 1982. He practiced with the
firm of Lane, Trohn, Bertrand, & Vreeland,
P.A., from 1983 through 1992.
From November 1984 to November 1990,
Justice Canady served three terms in the
Florida House of Representatives, and from
January 1993 to January 2001, he served
four terms in the United States House of
Representatives. Throughout his service in
Congress, Justice Canady was a member of
the House Judiciary Committee. For three
terms, from January 1995 to January 2001,
Justice Canady was the Chairman of the
House Judiciary Subcommittee on the
Constitution.
Upon leaving Congress, Justice Canady
became General Counsel to Governor Jeb
Bush. He was appointed by Governor Bush
to the Second District Court of Appeal for a
term beginning November 20, 2002. On
August 28, 2008, Justice Canady was
appointed to the Florida Supreme Court by
Governor Charlie Crist and took office on
September 8, 2008.
Reserve your spot
by calling 619619-7160 or email us at
[email protected]
1
Volume 8,
8, Number 1
Earn a CLE in October with
guest speaker Sheila Tuma
Join us at The Club at Eaglebrooke on
October 4 with guest speaker Sheila
Tuma. Her topic, Trust Accounting, will
not only be informative, but also give each
attendee the opportunity to earn 1 CLE
ethics credit.
Ms. Tuma earned her Juris Doctor degree
in 1989 from the Chicago-Kent College of
Law in Chicago, Illinois. She earned her
Bachelor of Arts degree in Criminal Justice
at Saint Xavier College in 1985. Ms. Tuma
previously worked for the Attorney
Registration and Disciplinary Commission
of the Illinois Supreme Court beginning in
1986 as a paralegal. In 1989, she became a
member of the Illinois Bar and investigated
and prosecuted allegations of attorney
misconduct
for
the
Disciplinary
Commission.
In 2000, Ms. Tuma became a member of
The Florida Bar and works as Bar Counsel
in the Orlando Branch.
Ms. Tuma
investigates and prosecutes allegations of
attorney misconduct in the 19th Judicial
Circuit and 17th Judicial Circuit. She also
teaches Ethics School, Professionalism and
Advertising workshops throughout the
State of Florida.
to the Club at
Eaglebrooke for our
monthly meetings
September 6
October 4
November 1
January 3
February 7
March 7
April 4
May 9
Welcome back for another great year!
Message
from the
President
First, I’d like to take this opportunity to
thank you for electing me to serve as your
President. It is my absolute honor and
privilege to serve you in this important
role. I promise to devote my time and
myself to the obligations and duties of
this office. I will give my best efforts to
make you proud you selected me.
I’d also like to take a moment to thank
our Immediate Past President Robert J.
Stanz for a great 2012-2013 year. Rob,
your hard work and dedication will not be
appreciate his
forgotten. I sincerely
mentorship during my year as VicePresident/President-Elect; and I look
forward to his wise counsel during my
term as President.
for the 2013-2014 year! Please return
your
Membership
Application
&
Membership
Renewal
Form
and
membership fee to Lisa Oliver as soon as
possible.
If you know of someone
qualified and interested in becoming a new
member, please reach out to that person
and invite them to join our
membership. Even better, invite them to
attend our first meeting on September 6th
as your guest, so that they can experience
the benefits of membership first hand.
There is so much to look forward to this
year! Mark your calendars now for our
monthly membership meetings. Be on the
look out for our community service
projects and social events. You won’t
want to miss a thing!
Sincerely,
By now, everyone should have received
a Membership Packet. This means we’ve
officially started our Membership Drive
Natalie R. Wilson
President
Editorial Committee
Lakeland Bar Association
Officers & Governors for 20132013-2014
Rick Nail, Editor….284-2280 Lisa Oliver, Layout / Graphic Design….619-7160
The Res Integra supports participation of the membership in production of the
publications. We encourage you to submit articles and letters. However, we
reserve the right to edit any submission and to publish only those articles that we,
in our sole discretion, deem appropriate.
Note: The comments, messages, statements, and opinions, legal or otherwise,
expressed in the articles herein are exclusively those of the author and shall not be
considered to be those of the Lakeland Bar Association, its officers, directors,
agents, this publication, its editors or staff. Additionally, the comments, statements
and articles contained herein are general in nature and should not be relied upon as
a basis for any legal opinion, action or conclusion on the part of the reader with
respect to any particular set of facts or circumstances.
Res Integra
“A whole thing; a new or unopened thing. The
term is applied to those points of law which
have not been decided, which are untouched by
dictum or decision.
3 Mer. 269
President…………………………………...Natalie Wilson
Vice President…………………….……. Braxton Wiggs
Treasurer………………………….……………..Jean Henne
Secretary……………………………….…………. Ali Wright
Past President………………………………….. Rob Stanz
Governor…….....................Julie Ball (13-15 term)
Governor…………… Tina Balentine (13-15 term)
Governor……………..Amanda Salcido (13-15 term)
Governor……..…..….… Nick Troiano (12-14 term)
Governor………..….Kevin Humphries (12-14 term)
Governor………...……Charles Carlton (12-14 term)
Executive Director….……....…..…………Lisa Oliver
Phone: 863-619-7160
Email: [email protected]
Website: www.lakelandbar.org
2
ASSIGNMENT OF JUDGES
TO SECTIONS
COURT ADMINISTRATOR’S CORNER
BY NICK SUDZINA
Keeping Courts Relevant
JULY 2, 2013 –
JANUARY 5, 2014
It is important for court leaders to
contemplate the relevancy of
courts in today’s society. Since
becoming the Trial Court
Administrator for the Tenth
Circuit in September, 1985, I
have noticed (and experienced)
many, many changes in the
justice system in Florida, not all
for the better. As the independent
third branch of government,
courts must keep up with trends
in social change. Years ago, it
was almost unheard of for
litigants in a family law case to
represent themselves. Now, with
the proliferation of more self-help
books than you can shake a stick
at, more and more pro se
individuals demand their day of
justice in front of someone
somewhere to have their dispute
resolved.
Just in the family
division alone, in addition to the
traditional court process that is
heard by a judge, we now have an
epidemic of “other” family courts,
i.e., domestic violence court,
unified family court (in which all
cases involving a family are heard
by one judge), model dependency
court, juvenile drug court,
family/dependency drug court,
behavioral health court, veteran’s
court, etc, etc.
Courts change to be responsive to
the executive and legislative
branches,
and
to
rules
promulgated by the Supreme
Court. Funding challenges for the
courts require innovations and
rethinking of strategies used in
the past, but which have become
less effective in today’s world.
However, the new norm is doing
more with less. For all citizens,
justice must be accessible and
affordable and courts need to
ensure that due process rights are
protected and laws are upheld and
interpreted correctly, regardless
of an individual’s socio-economic
status. Indeed,
courts
are
accessible with a judge now
assigned twenty-four hours a day
to hear emergency petitions and to
provide the necessary relief, if
appropriate.
Circuit Judges
Polk County
No one can argue the point that
more expectations are now placed
on Florida’s trial courts. More
citizens expect the courts to
resolve all of their problems once
they make their menu selection.
Judges and court staff are always
going to be held to the highest
degree
of
accountability.
Because of the expenditure of
public funds necessary to operate
the courts, and because courts
operate in a fishbowl, its partners
and various interest groups
observe how well the courts are
performing. Courts have always
changed and will continue to do
so.
The internet, E-mail,
websites,
texting,
Facebook,
Twitter and other social media
alone require changes in the way
things get done. The courts have
not been spared the profound
impact of societal changes and
expectations which require a
pause and a deep breath to gauge
how the courts are performing and
what needs to be changed. There
is never a shortage of opinions
(solicited and not) on the way to
run things.
Felony
What will the courts look like in
twenty years? They must be able
to attract and retain quality judges
and competent court staff, all of
whom
must
assure
its
stakeholders and society that
courts are achieving their goals
and objectives and remain
relevant in the community. Albert
Einstein said “No problem can be
solved from the same level of
consciousness that created it.” An
effective court system will be one
that is ready for all challenges
equipped with this heightened
sense of consciousness.
Chief Judge
30:
F1:
F2:
F3:
F4:
F5:
F6:
F9:
VP:
Circuit Judges
Highlands County
A. Smith
Stargel
Alcott
Combee
Raiden
(Adm. Judge)
Shelby
Jacobsen
Curry
Civil
04:
07:
08:
15:
Masters
Hofstad
Radabaugh
Durrance
(Adm. Judge)
11:
Durden
Felony 06:
Sites
Civil & Probate
10:
Estrada
Family
Shinholser
12:
Juvenile/ Prob/ Prose/
Family Relief/ Domv
JR :
Cowden
(Highlands Adm. Judge)
Hardee County
03:
Ezelle
(Hardee Adm. Judge)
County Judges
Family
01:
02:
05:
09:
13:
Harb
Roddenbery
(Adm. Judge)
Spoto
Harlan
Selph
Probate / Mental Health
14:
Carpanini
Appeals / Writs
30:
County Civil
M-0:
J2:
J4:
Ojeda
Smith
County Small Claims
M-2:
Bennett
Smith
Juvenile
J1:
Florida Bar President,
PolkEugene
County K. Pettis,
shares a moment with
Executive
County
CriminalDirector,
Lisa Oliver
Past
M-6: and
Fegers
President,
Robert
M-4:
Williams
StanzM-5:
at thisGrode
year’s
M-7:
Abdoney
Voluntary
Bar
M-8:
Green
Conference
Kornstein
(Adm. Judge)
McCarthy
Yancey
Behavioral Health Court /
Self Help
M-8:
Flood
(Adm. County)
Lakeland
L-1:
Winter Haven
W-3:
Hardee County
CC:
Kirkland
Griffin
McKibben
Highlands County
CC:
Ritenour
3
Lakeland Bar Association
Attends Statewide Bar Conference
Meet Our
LBA President
Natalie R. Wilson was born
and raised in Lakeland,
Florida. She graduated from Lakeland
Christian School. She received a
Bachelor of Science degree in Legal
Studies (major), and a Bachelor of
Science in Business Administration
(minor) from UCF. She earned her
Juris Doctor at Stetson University
College of Law.
Natalie’s favorite colors are navy blue
and purple; and her favorite book is To
Kill a Mockingbird by Harper Lee.
When not working tirelessly in her office,
Natalie enjoys trips to all of the Walt
Disney theme parks in Orlando. She is
an Annual Passholder and loves
anything and everything Disney.
This summer, President Natalie
Wilson, Past President, Robert J.
Stanz, and Executive Director,
Lisa Oliver represented the
Lakeland Bar Association at the
Florida Voluntary Bar Leaders
Conference in Clearwater. The
conference provided a wealth of
ideas and opportunities for
improving the effectiveness of
voluntary bar associations.
The breakout sessions offered
chances to connect and learn the
wonderful things happening in
the voluntary bar associations
around the state.
Our Florida Bar President,
Eugene K. Pettis, shared his
goals and vision with those in
attendance. We are pleased to
announce that he will be our
keynote speaker at our Law
Day Luncheon on
May 9,
2014.
Like many other local bar
associations, the LBA is
continually striving to enhance
the quality of the legal
profession in our area.
Sponsoring attendance at the
annual
Voluntary
Bar
Conference helps the LBA to
keep moving forward with new
ideas.
When asked for a few of her favorite
quotes or sayings, Natalie responded
with three quotes, all of which, not
surprisingly, are direct quotes from Walt
Disney himself. They are…
Florida Bar President,
Eugene Pettis
shares a moment with
Lisa Oliver,
Executive Director,
and
Robert Stanz,
Past President
during the Voluntary
Bar Conference
in July.
“If you can dream it, you can do it.”
“Whatever you do, do it well.”
“The way to get started is to quit talking
and begin doing.”
Natalie currently has her own private
law firm, Wilson Law, P.L. in Lakeland.
Natalie’s goal is… “to have a long
successful career practicing law and
helping others.”
It’s Time to Join Lakeland Bar Association
The Lakeland Bar Association invites you to join. Membership fees include eight planned
monthly membership luncheons with guest speakers. There will be at least two social
events: the annual Judicial Reception event and the holiday social. Get involved with
our philanthropic opportunities including Race the Bar and Habitat for Humanity.
Send the enclosed application for membership by October 1, 2013 as well as your check
for payment to :
Lakeland Bar Association
P. O. Box 2883
Lakeland, FL 33806.
(see page 5 for dues amount)
4
Lakeland Bar Association
Membership Application
2013-2014
Annual Dues …
$100 gov’t employee less than 5 years
$125 gov’t employee 5+ years
$140 private attorney
No cost to first year attorneys (firm
or solo practitioners)
Name ___________________________________________________________
Email (Provide this to receive LBA correspondence!) ___________________________
My information is the same as last year (check this and there is no need to complete the information below!
Firm / employer ____________________________________________________
Business Address ___________________________________________________
City ____________________________ State _____________ Zip_____________
Business Phone __________________________ FAX
(optional) _______________
Home Address ( optional) _____________________________________________
City_______________________ State_____________ Zip___________________
Please indicate other administrative / work related emails to which we can send correspondence:
_________________________________________________
Title / name of person above _____________________________________________
Memberships to other local bar association(s) _______________________________
My area of specialty in the field of law is: ___________________________________
I am interested in serving on the LBA board
yes
no
am interested in serving one of the following LBA committees:
_____ Membership (Fall ’13)
_____Annual Bench / Bar Reception (Fall ’13)
_____ Holiday Social ( Winter ’13)
_____ Programs & Guest Speakers
_____ Law Week/ Race the Bar ( April/ May ‘14)
_____ Spring Social ( May – June ‘14)
_____ Res Integra Journal
_____ LBA Web site
_____ Continuing Legal Education (CLE)
_____ Young Lawyers Division
Please mail this completed Membership
Application / Membership Renewal
Form & your Membership Fee to :
Lakeland Bar Association, Inc.
c/o Lisa Oliver, Executive Director
P.O. Box 2883
Lakeland, FL 33806-2883
Amount due: (check one)
_____ ($100) Government employee less than 5 years
_____ ($125) Government employee 5 or more years
_____ ($140) Private practice attorney
______ ($0)
First year attorney indicate firm or practice name ____________________
Please note...
Your Membership Fee includes all luncheons and social events, and an annual subscription to our Res Integra Journal.
All guests (or those who have not renewed memberships by October 2013)
are invited to our luncheons and socials events for a cost of $25 per person per luncheon or event.
5
M_m\_r From Th_ P[st….
MINUTES FROM THE PAST
Minutes of the Regular Meeting of
Lakeland Bar Association
At the regular meeting of the Lakeland
Bar Association on February 2, 1977, at
the Lakeland Yacht and Country Club,
President Jan L. King presided.
Jim Hahn presented the use of standary
(sic) Contract for Sale and Purchase of
Real Property and the same was approved
by the Bar.
Lon D. Oxfor^
Lon D. Oxfor^, \orn L_sli_, G[., 1897.
@^mitt_^ to \[r 1928, G_orgi[; 1924,
Flori^[. Pr[]ti]_^, L[k_l[n^, Fl[., sin]_
1924.
M_m\_r L[k_l[n^ [n^ Polk
County B[r @sso]i[tions; I. O. O. F., W.
O. W. M[rri_^, two sons [n^ two
^[ught_rs, offi]_, L[k_l[n^, Fl[.
William Sweat introduced Mr. Steven Paul
who spoke on physical fitness.
There being no further business, the
meeting was adjourned at 1:00 PM
Respectfully submitted,
/s/
W. Ray Fortner
Secretary
Alpha Ad
6
ATTACKING
EXPERTS
By
K.C. Bouchillion
A long time ago, I heard a CLE seminar lecturer
offer what he considered to be a brilliant idea
for taking on an expert at trial. As any trial
lawyer knows, most experts know each other
and have squared off against each other (or even
been on the same side in a case) on many
occasions. Some of them are cordial to each
other. Others despise their opposites.
The seminar lecturer recommended getting an
expert who despised the opposing expert. His
brilliant idea: Ask your expert about the
opposing expert’s reputation for having a
character for truthfulness or untruthfulness,
pursuant to Fed. R. Evid. 608(a).
It was a national lecture, so it was not specific to
Florida law – which I should not have
overlooked. Instead, at my next trial, I asked
that question, which drew an immediate
objection, which was sustained, and a stern
lecture from the judge (outside the 10th Circuit).
The objection, of course, was that under Florida
law, one expert cannot criticize another expert.
Now thoroughly confused, I spoke with a more
experienced attorney, who laid it all out for me
– in small words that even I could understand.
speed limit. On rebuttal, the plaintiff recalled
his accident reconstructionist for the specific
purpose of discussing how the two experts’
computations differed from each other. The
trial court did not allow the testimony and
was reversed. In reversing, the court of
appeal stated:
[A] comparison may show that
defendant's witness failed to consider
all proper factors, or considered
improper factors, or erred in the weight
or effect attributed to certain factors, in
the selection or use of formulas or in
actual calculations or in other
reasoning processes and thus might
tend to impeach defendant's witness, as
in Hartstone Concrete Products
Company, Inc. v. Ivancevich, 200 So.2d
234 (Fla. 2d DCA 1967), and King Pest
Control v. Binger, 379 So.2d 660 (Fla.
4th DCA 1980). However, we feel the
real value of such a question and
answer is in giving the jury a better
insight into the bases supporting the
two differing opinions so that the jury
can better evaluate and weigh the
testimony of the witnesses by
understanding and comparing how,
why and in what particulars, the two
expert witnesses reached different
conclusions.
Mathis, 400 So. 2d at 796.
It is true that in Florida, an expert may not
“attack the opposing expert's ability, credibility,
reputation or competence.” Caban v. State, 9 So.
3d 50, 53 (Fla. 5th DCA 2009). Also, an expert
may not express an opinion on the validity of
another expert’s opinion. Mathis v. O’Reilly,
400 So. 2d 795, 796 (Fla. 5th DCA 1981).
The flip side of this coin is the expert who,
on direct examination, attempts to bolster his
own opinion by claiming that other experts
agree with him. This is entirely improper.
Just as an expert cannot bolster his opinion
on direct examination by citing to treatises,
neither may an expert assert that other nonOn the other hand, there is much you can do in testifying experts corroborate his opinions.
pitting one expert against another. For example, Schwarz v. State, 695 So. 2d 452 (Fla. 4th
it is permissible for your expert to criticize the DCA 1997).
methodology of an opposing expert. Network
Publications, Inc. v. Bjorkman, 756 So. 2d While this may seem obvious and commonsensical, it can come up in subtle ways that
1028, 1030 (Fla. 5th DCA 2000).
you must be diligent to detect. For example,
in one of my recent trials, a retained defense
Furthermore,
medical expert was set to testify that the
it is not improper to pose a question in
reports and findings of my client’s treaters
a way to cause one expert to delineate
were “consistent” with his own opinions (if,
the factors used in forming the
by “consistent,” he meant “completely
opposing expert's opinion and then do
opposite”). The judge, thankfully, sustained
the same as to his own opinion, and
my objection, but it does point out that we
compare the predicates upon which the
have to stay alert. If nothing else, trial
two opinions are based.
lawyers are dogged about finding new ways
Caban, 9 So. 3d at 53-54 (emphasis added).
to bypass the evidentiary blockades in their
In fact, such comparisons are encouraged, and way.
the failure to allow them can result in reversal.
In Mathis, for example, the defendant’s accident
reconstruction expert had testified that the
defendant’s vehicle was traveling just under the
KC Bouchillon
Lilly, O’Toole & Brown
Board Certified Civil Trial Lawyer and Business
Litigation Lawyer.
7
First Annual
Karla Foreman Wright
Award
October 1, 2013
On October 1, 2013, the Polk County
Trial Lawyers
Association will
present, at the Club at Eaglebrooke,
the first annual Karla Foreman
Wright Award to a Judge in
recognition
of
his
or
her
Professionalism,
Courtesy
and
Leadership, both on and off the
bench, which traits were exemplified
by the life and service of Judge
Wright. The speaker will be The
Honorable Mark Bennett, U.S.
District Court Judge from the
Northern District of Iowa. The Karla
Foreman Wright Award will be
presented by Justice Peggy Quince of
the Florida Supreme Court.
More
information
forthcoming.
will
be
NOMINATIONS NOW BEING
ACCEPTED
Please forward your nominations
for a County or Circuit Judge,
sitting or retired, who exemplifies
the Professionalism, Courtesy
and Leadership, both on and off
the bench which Judge Wright
exemplified in her life and service
to:
Howard Kay, Esquire
815 State Road 60 E
Lake Wales, FL 33853-4241
[email protected]
Please
include
in
your
communication to Howard a
description of the reasons your
nominee is deserving of the Karla
Foreman Wright award.
POLK COUNTY TRIAL LAWYERS
ASSOCIATION
Post Office Box 2836
LAKELAND, FL 33806-2836
August 2013
The Florida Bar Board of Governors met on
July 26, 2013. Major actions of the board and
reports received include:
In response to a notice of intent to file a petition
to amend Rule 1-3.1 of the Rules Regulating
The Florida Bar to specify that no one who has
complied with requirements for Bar admission
be disqualified from membership solely
because he or she is not a U.S. citizen, the
board voted to respond to the petition after its
filing by indicating that the board supports the
concept contained in the petition, but that the
board believes that the amendment is more
appropriately placed in the Rules of the
Supreme Court Relating to Admissions to the
Bar, and that the board recommends to the
Supreme Court of Florida that it seek input
from the Board of Bar Examiners on the issue.
The notice of intent to file the petition was
submitted as per Rule 1-12.1(f) and (g). The
Florida Bar has not taken a position on the case
of Jose Godinez-Samperio, an undocumented
immigrant seeking to become a member of the
Bar.
An ethics advisory opinion on cloud computing
was approved. The opinion concludes that
lawyers may use cloud computing if they take
reasonable precautions to ensure that
confidentiality of client information is
maintained as well as other steps to ensure
adequate security and access to the information
and to back up the data.
On the recommendation of the board's Program
Evaluation Committee (PEC), a new Senior
Lawyers Committee was approved. The
committee's mission will be to serve the
interests and needs of the profession by
fostering an interchange of ideas, sharing the
accumulated knowledge and experience of its
members and addressing issues that are of
particular significance to senior lawyers. For
information about joining the committee, please
watch for a website announcement and an
article in an upcoming issue of The Florida Bar
News. In the current bar year, 2013-2014, the
Program Evaluation Committee will consider:
whether the PEC chair should be an automatic
member of the Executive Committee; changing
the name of the Legislation Committee to the
Governmental Affairs Committee; variations in
certification criteria for different areas of law
and evaluating a new anti-trust and trade
regulation certification; evaluating the Bar’s
Law Office Management Assistance Service
(LOMAS); conducting the mandatory threeyear review of the Alternative Dispute
Resolution Section; and whether there should
be an additional charge beyond the initial $150
fee when an ad submitted for Bar review is
subsequently revised and must be re-reviewed.
Based on a recommendation of the Citizens
Forum and the Communications Committee,
the board approved that upon receipt of an
order of suspension or disbarment by the
Florida Supreme Court that The Florida Bar
change the status posted on the member's
website profile to: Member in Good
Standing/Suspension or Disbarment Pending
and that a link be placed to the court order.
This change would provide consumers with a
notice during the 30-day period between the
court order and the effective date of the
suspension or disbarment.
To learn more about members' needs for
technology education and information, the
board approved including questions on the
upcoming Bar membership survey on use of
technology and also approved conducting a
separate electronic member survey on
technology use in law practices. In addition, the
board approved posting a weekly technology
tip on the website homepage, a pilot project by
the Leadership Academy to use Facebook and
LinkedIn, and a Facebook page and Twitter
feed for The Florida Bar President.
Golf Anyone?
After each LBA meeting
at Eaglebrooke, a golf
scramble will be
scheduled at 1:30 sharp
at the Eaglebrooke Golf
Club for all interested
persons. Four person
teams are invited to
participate or individual
golfers will be connected
to a team.
Contact Lisa Oliver at
619-7160 if you are
interested in playing.
Legal
Laughs
Appointments to two-year terms to the ABA
House of Delegates were confirmed for
Herman Russomanno and Edith Osman, both
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Florida Bar Board Certified Marital & Family
Law
GrayRobinson, P.A.
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8
“That’s very creative….
20 years.”
Printed by permission of
copyright owner.
Book Review / Report of
MOB LAWYER
Reviewer:
Susan W. Roberts, Senior Circuit Judge, 10th Judicial Circuit, Florida
Mob Lawyer,
Lawyer by Frank Ragano and Selwyn Raab, Charles Scribner’s Sons New York, McMillian
Publishing Co., 1994, 372 pages, Contents, Foreword by Nicholas Pileggi, Prologue, 29 Chapters,
Epilogue, Index, $22.00 hardback.
Frank Ragano worked as Santo
Trafficante’s attorney for most of his
legal career. He was introduced to him by
Pat Whitaker. Whitaker was a Tampa
criminal lawyer who also did legal work
for Trafficante in Polk and Hillsborough
Counties.
Whitaker served as a
Legislator in the Florida House, then as a
Senator and as Senate President. Ragano
clerked for the Florida Supreme Court
while he attended Stetson University,
College of Law, where he attracted
Whitaker’s attention for his ‘legal
acumen’. Whitaker encouraged him to
practice law in Tampa, promising to refer
him clients.
The book tells of Ragano’s work as an
attorney and details how his professional
relationship with Trafficante grew into
friendship. Ragano tells the reader that
he lost his way and became involved in
Trafficante’s business interests. He
explains that he began his practice of
law with high ethical standards.
Trafficante’s business interests included
hotel and gambling interests in Cuba in
addition to Trafficante’s bolito enterprise
in Tampa. He became a very rich man
in need of a very good criminal attorney.
The tale involves Florida and Cuban
political history, including how Castro
came to power and what happened to
Trafficante’s business interests in Cuba.
Ragano recounts his version of Jimmy
Hoffa’s execution and the assassinations
of President John Fitzgerald Kennedy
9
and his brother NY Senator Robert
Kennedy. He tells how he thinks the
Kennedys drew the ire of the Mob and
how the Mob reacted.
The book is a fast paced, gossipy read
of Ragano’s story of a lawless time in
Florida. It was recommended to me by
none other than Judge Oliver Green.
The moral of the story is: Do not
become friends with those involved in
organized crime unless you can handle
consequences similar to those of Frank
Ragano.
He saw his law license
revoked and his way of life destroyed.
Ragano was ultimately sentenced to
prison.
Supreme Court Ruling
on DOMA Opens Door to
Immigration Benefits
by Jean Pierre Espinoza
On June 26, the U.S. Supreme
Court ruled that the Defense of
Marriage Act (DOMA) is
unconstitutional. Justice Kennedy,
writing for the majority, found
that
DOMA
violated
the
Constitution’s equal protection
clause. The court’s rejection of
DOMA
has
wide-ranging
implications and means that,
under federal law, married samesex couples will be treated the
same as traditional couples in
areas such as income tax, estate
tax, health privacy and other
federally regulated issues such as
immigration.
The U.S. Supreme Court case,
U.S v. Windsor, addressed the
constitutionality of Section 3 of
DOMA. Section 3 established a
limitation on the definition of the
terms marriage and spouse for
purposes of U.S. federal law, to
only recognize marriages between
one man and one woman. While
same-sex marriage is legal in
certain foreign countries, as well
as a growing list of states within
the United States, DOMA
prohibited the recognition of these
marriages under federal law. This
was a bar for the issuance of any
marriage-based federal benefits,
including immigration benefits, to
gay and lesbian couples.
options for relief in removal
proceedings depend upon a
demonstration of hardship to
certain qualifying relatives,
including spouses. There are
also benefits for qualified
stepchildren, who can apply for
immigration benefits in the
same way as biological
children, subject to certain
restrictions.
Within hours of the Supreme
Court’s decision, the White
House issued a statement
declaring support for marriage
equality.
Soon
after,
Department
of
Homeland
Security Secretary Napolitano
announced that the agencies
within
her
department,
including
Citizenship
and
Immigration Services, would
begin to implement the ruling.
Within days, news came that
the CIS, which had been
holding same-sex cases in
abeyance, had approved its
first-ever marriage-based
petition for a same-sex-couple.
For the approval of the
residency, USCIS evaluates
whether the marriage is valid
under the law of the place where
it took place. It is not a
requirement that the petitioner
or beneficiary resides in that
place.
The process for petitioning a
same-sex spouse is the same as
the
traditional
application
process. The U.S. citizen or
Lawful Permanent Resident
(LPR) has to file a petition
(USCIS Form I-130) and to
submit ample evidence of the
bonafides of the marriage.
The changes brought by the
DOMA decision will present
challenges. Just as there were
before the DOMA decision,
there will be those who try to
use fraudulent marriages to
obtain immigration benefits.
The USCIS has implemented
procedures
to
investigate,
prevent and punish that kind of
Under the current system, twothirds of all legal immigration is
family-sponsored, and roughly
two-thirds of that involves
applications for marriage-based
permanent
residence.
Many
immigration benefits are available
based on a spousal relationship. In
addition
to
marriage-based
permanent resident status, there
are dependent nonimmigrant
benefits, such as H-4 and L-2
status, which are available to
spouses. Certain waivers and
10
abuse.
The sanction for attempt to
obtain immigration benefits by
fraud is a permanent bar from
the United States.
About Our
Author
Jean
Pierre
Espinoza
practices Immigration Law &
Deportation Defense. He is a
member of the American
Immigration
Lawyers
Association.
[email protected]
Lakeland Bar Association Res Integra
Advertising Policies and Rates
Res Integra, the Lakeland Bar Association’s newsletter is published five times annually with a current circulation of approximately 300 legal
professionals in the Polk County area. Our first issue will be sent to over 1000 professionals.
1.
2.
3.
4.
No more than 25% of newsletter will be ads.
RATE SCHEDULE FOR
No legal ads by lawyers promoting legal services offered.
INDIVIDUAL
ISSUE ONLY
No political or social issue ads.
1/2 page = $300
All ads must be “camera ready” and submitted by deadline. (See calendar of events)
Only electronically submitted display ads are accepted.
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5.
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Purchase 3 or more ad
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spaces for the year and
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save 20%
Ads by member lawyers only include:
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Rates effective through
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May/June 2014 issue.
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and Policies will apply).
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(ie. Banks, title companies, court reporters, office supplies, expert witnesses, trial support services, mediation,
arbitration, etc)
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The Lakeland Bar Association does not assume responsibility for any errors or omissions in any advertising.
10. All ads subject to staff approval. The LBA reserves the right to reject, at its option, any advertising for any
reason.
11. Any business sponsoring a luncheon will receive recognition on our meeting photo page only.
Thank you to the firms
who made this year’s
social a success!
Burnetti , P.A.
The Law Offices of Carlton & Carlton
Fulmer and Fulmer, P.A.
Gray Robinson, P.A.
Harris and Helwig, P.A.
Lilly O’Toole and Brown LLP
Lopez and Humphries., P.A.
Peterson and Myers, P.A.
The Law Office of Gregory M. Ruster P.L.
Saunders Law Group
Sessums Law Group
Robert J. Stanz, P.A.
Trakas Thornhill, P. A.
Valenti, Campbell , Trohn, Tamayo, & Aranda
Vecchio, Carrier , Feldman, and Johannassen
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11
Lakeland Bar Association
PO Box 2883
Lakeland, FL 33806
RETURN SERVICE REQUESTED
This Complimentary issue of the Res
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members of the 10th Judicial Circuit.
Please complete the enclosed
membership form to continue
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Law firms with two or more attorneys can now be
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12