0904 PB Bar Bully - Palm Beach County Bar Association

PALM BEACH COUNTY BAR ASSOCIATION
www.palmbeachbar.org
June 2006
New Officers/Directors to be
sworn in at banquet on June 3
Congratulations to incoming Board members
who will be sworn in by the Honorable Harry
Lee Anstead at this year’s installation banquet at
June 3 at the Breakers Hotel:
President
Manuel Farach
President-elect
Meenu Sasser
Directors (2-yr terms)
C. Wade Bowden
Michael J. Napoleone
Michelle R. Suskauer
Directors (1-yr term)
Scott Murray
Richard Schuler
Bryan S. Poulton
Also serving on the Board next year will be
North County Section President Andrew Pineiro,
Young Lawyers Section President Grier Pressly
and South County Bar President Denise Isaacs.
Ex-officio members will be Immediate Past
President Ted Leopold and Board of Governors
Members Greg Coleman, Scott Hawkins, Lisa
Small and Jay White.
Corlew Investiture June 16
The investiture ceremony for newly appointed
County Court Judge Reginald R. Corlew will be held
on Friday, June 16. This ceremony will be held
beginning at 4:00 p.m. and will be held in Courtroom
11A of the Palm Beach County Courthouse. All
members of the Bar are invited to attend.
One Summer Issue of Bar Bulletin
The next issue of the Bar Bulletin will be a
combination issue of July and August issues.
The deadline for submitting articles/
advertisements is June 15. The issue will be
mailed in late July.
Congratulations to this year’s Professionalism Award Winners!
Congratulations to David Ackerman, Judge Ron Alvarez and the State
Attorney’s Office – winners of this year’s Professionalism Awards. The local
awards were established eight years ago to honor an individual, a Judge and a
Law Firm and/or an organization, which exemplify the highest ideals of ethics
within the legal system.
Circuit Court Judge Ron Alvarez received the award in the Judicial
category. David P. Ackerman, a partner with the West Palm Beach Law Firm of
Ackerman, Link & Sartory won the individual award; and the State Attorney’s
Office of Palm Beach County was honored for its work as an organization.
The awards were presented during a recent Professionalism Luncheon,
which was held at the Crowne Plaza Hotel in West Palm Beach.
Dues are due
Annual membership dues statements were mailed to all PBCBA
members in March for fiscal year 2006-07, which begins July 1. If you
did not receive a bill, please contact Shoshanah Spence at the Bar Office
(687-2800). Don’t miss the benefits of being a member, renew your dues
by July 1.
Inside...
President’s Message
Historical Committee
Membership Profile
Technology
Judicial Reception
Professionalism
3
4
4
5
6
7
Personal Injury Corner
Bankruptcy
Pro Bono Corner
Legal Aid
New Members
Florida Board of Governors
Bulletin Board
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11
12
13
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18
THE
THEODORE J. LEOPOLD
President
www.palmbeachbar.org
PATIENCE A. BURNS, CAE
Executive Director
PALM BEACH COUNTY
BAR ASSOCIATION
Officers
Theodore J. Leopold, President
Manuel Farach, President-elect
Directors
Scott C. Murray
Bryan Poulton
Meenu Sasser
Richard D. Schuler
Michelle R. Suskauer
V. Lynn Whitfield
C. Wade Bowden, Young Lawyers Section President
William A. Fleck, North County Section President
Jeffrey Marks, South County Bar President
Stanley D. Klett, Jr., Immediate Past President
FL Bar Board of Governors Representatives
Gregory W. Coleman
Scott G. Hawkins
Lisa S. Small
John G. White III
FL Bar Young Lawyers Division
Board of Governors
C. Wade Bowden
Ronald P. Ponzoli, Jr.
Elisha D. Roy
The Young Lawyers Section distributed toys and candy during Easter/Passover to
the children in the pediatric center of St. Mary’s Hospital. Pictured above are Heath
Randolph, Jennifer Kypreos, Theo Kypreos, Grier Pressly, Matt Ferguson, Mark “Easter
Bunny” Pateman, John Whittles, LeeMcElroy and Bradley Harper. This is the fourth year
that members of the YLS have sponsored this project.
1601 Belvedere Road, Suite 302E
West Palm Beach, FL 33406
(561) 687-2800
FAX (561) 687-9007
e-mail [email protected].
Views and conclusions expressed in articles and
advertisements herein are those of the authors or
advertisers and not necessarily those of the
officers, directors, or staff of the Palm Beach
County Bar Association. Further, the Palm Beach
County Bar Association, its officers, directors, and
staff do not endorse any product or service
advertised. Copy deadline is the first of the month
preceding publication.
WORKERS’ COMPENSATION
SOCIAL SECURITY DISABILITY
Cornell University Graduate
The mission of the PBCBA is to foster
professionalism, serve its members, and enhance
public access to the legal system through education
and service.
Former Assistant City Attorney
West Palm Beach
Former State Mediator of Workers’
Compensation, Broward County
Letters to the Editor
The Palm Beach County Bar Association Bulletin
welcomes your comments on topics relating to the
law, the legal profession, the Palm Beach County
Bar Association or the Bar Bulletin. Letters must
be signed, but names will be
withheld upon request. The editor
reserves right to condense.
Send letters to:
EDITOR Bar Bulletin
Palm Beach County Bar Association
1601 Belvedere Road, #302E
West Palm Beach, FL 33406
Page 2
Private Practice for 17 years
Co-Counsel Fees on All Cases
IN PALM BEACH
IN BROWARD
(561) 732-8004
(954) 586-0100
Bulletin
President’s Message
“Thank You”
By Theodore J. Leopold, President
It is hard to believe, but my tenure as
President of the Palm Beach County Bar
Association is nearing its end. It has been a
wonderful honor to serve as your Bar President throughout this
year. I have often been asked, “Isn’t the Presidency time
consuming?”; “Isn’t the Presidency difficult?”; The Presidency is
not much fun, is it?” I always answer each question by saying that
I have enjoyed the Presidency more than I ever thought I would.
Serving as Bar President has been extremely gratifying for
several reasons. Most gratifying has been the privilege to
represent the Association in both the legal and non-legal
communities by speaking about what the Association and its
members do for our clients, our profession and our community.
I am also proud of what the Association has accomplished
during my Presidency, such as:
• Establishing an on-line pictorial directory of Association
members;
• Creating several e-list practice groups for members;
• Hosting informative membership luncheons, one of which
brought the attorneys in the Schiavo case together to speak for
the first time;
• Holding two joint membership meetings with the South Palm
Beach County Bar Association;
• Implementing a minority initiative that placed minority law
students in internships with various law firms;
• Fundraising by the Young Lawyers Section, which raised
$8,000 to help the child protection team;
• Hosting a Hurricane Relief party with the Palm Beach County
Medical Society that raised over $14,000;
• Hosting the Judicial Luncheon Series;
• Hosting the annual BallenIsles Charity Fund Raiser with the
North County and Young Lawyers Sections, which raised
$17,000 for underprivileged children;
• Implementing a North County Section scholarship;
• Starting a dialogue about the important issue of dyslexia and
how to recognize it in our young children.
Each of the foregoing is part of what makes the Palm
Beach County Bar Association so special. No single individual
is responsible for the success of any of these programs. The
Association’s successes are the result of a team effort headed by
many individuals. I especially want to thank our Executive
Director Patience Burns and our Communications Director
Lynne Poirier for all of their help and guidance. Additionally,
special thanks must go to Cynthia Spall, Patrick McKamey,
Bradley Harper, Penny Martin, Gary Lesser, Adam Rabin, and
each of the Committee Chairs for going above and beyond the
call of duty.
I want to thank each member of the Board of Directors for
giving so much time and effort to the Association, and for
providing me such wonderful support, which helped make my
Presidency so rewarding. It has been an honor to work with
each of you.
Most importantly, I would like to thank you, the members of
the Palm Beach County Bar Association, for electing me as
President of your organization and giving me the opportunity to
represent and serve you. It has truly been an honor. The work that
we do as attorneys is vital to our system of justice. The practice
of law carries an awesome responsibility and I am extremely
proud of the way in which we all represent our profession.
Board of Directors Meeting Attendance
July
Retreat
Aug
Dec.
Jan.
Feb
March
April
Leopold
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Farach
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Poulton
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Suskauer
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Murray
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Whitfield
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Schuler
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Sasser
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Fleck
Beer
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Bowden
Pressly
Marks
Isaacs
June 2006
Sept.
Oct.
Nov.
No Meeting
Due To Wilma
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Pineiro
Pressly
x
x
x
x
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Doner
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Zappolo
Pressly
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Guari
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Page 3
Who are they?
istorical Committee
In continuing with a project started by the Historical
Committee, we will continue to run old photos of some of our
members. Can you guess who they are?
Answers on page 17
1
Minutes of the
Junior Bar Section
April 2, 1965
The 170th regular meeting of the
Junior Bar Section of the Palm Beach
Count Bar Association was held at the
Town House at 12:15 P.M., Friday,
April 2, 1965. There were 35 members
and guests present.
The President recognized the
presence of Circuit Judges Knott and
Hewitt and Gavin Letts and Bill Wood
introduced guests. Shep Lesser gave a
committee report concerning the
progress of the committee in
attempting to have the new District
Court of Appeals located in Palm
Beach County, if and when one is
authorized.
Our guest speaker was Edward
Whitaker, Supervisor of the Dade
County Sheriff’s Office Crime Lab,
the finest of its type in the State. Mr.
Whittaker gave an interesting
presentation on “Physical Evidence”
which included the use of slides. He
pointed out that matching the edges of
torn cloth is almost as conclusive as a
fingerprint. The moral clearly stated
here is that you should never leave
fingerprints when tearing off a bit.
There being no further business to
come before the meeting, it was duly
adjourned.
Respectfully submitted
/s/ Angus J. Campbell
Page 4
2
3
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Membership Profile: Attorney Denise Nieman
5
by Lynne Poirier
This month’s attorney spotlight is on County Attorney Denise Nieman. Most of you
probably already know who she is, as she’s been an attorney for Palm Beach County for
20 years, with the last 10 as “The County Attorney.” Denise is also active in Bar
activities and currently serves as the chair of the Quality of Life Committee. As the
staff liaison to this committee, I have had the pleasure of working with Denise and
getting to know her. Over the past few years, we’ve talked about children, vacations,
spas, exercise, and of course, work-related programs. But what we had never talked
about and what I just learned is that Denise is an author of books. She told me that
instead of watching television she writes. She is now working on publishing her second
book, which is due out this year and is titled “Life is A Beach: 21-day Vacation for Your
Body, Mind & Soul.”
The book is about being healthy and happy and finding a balance in life, which is
something Denise practices every day. “I believe that people should have interests
outside the office that have nothing to do with their work. Loving your work is
important, but there has to be something else to keep you in balance. For me, that
something else is writing.” One of Denise’s goals in life is to help as many people as
possible make these changes. So if you need a little help and encouragement in
balancing your career and home life, be sure to attend one of the Quality of Life
programs. The Quality of Life Committee has sponsored membership events at Roger
Dean Stadium, the Breakers Spa, and most recently hosted its third annual CLE seminar.
Denise and her husband Joe live in Jupiter with their two dogs Oliver and Roxi.
If you know a member whose special talent deserves to be recognized, please let
me know. You can contact me by email at [email protected].
This picture was taken of
Denise during last year’s CLE
seminar, which included
relaxation tips through
acupuncture. For the last 30
minutes of the program, our
members had needles sticking
out of their ears, foreheads
and cheeks! It was something
to see, but everyone left the
“Friday Morning Happy Hour”
with CLE credits and feeling
stress free!
Bulletin
Technology
Computer Basics: Backup Your Data
By Bard Rockenbach, Chairman, Technology Committee
Imagine that Hurricane Ernesto is working its way toward
southern Florida with sustained winds of 120 mph and building
(you can see all hurricane names for the next few seasons at
http://www.nhc.noaa.gov/aboutnames.shtml). After feeling
relieved that the trial you weren’t really prepared for is not going
to start Monday, your next thought will be to protect your home
and office. You might recall at this point that Katrina wiped out
the offices of 900 lawyers in Mississippi alone, about 10% of
that state’s legal professionals. Some were unable to recover and
declared bankruptcy. New Orleans lawyers fared no better.
While they were busy trying to cope with the loss of homes and
schools, they also had to reconstruct their practices. Lawyers
work to solve other people’s problems. The system breaks down
completely if we cannot perform that function after a disaster.
For our own sake, and for the sake of our clients, we need to
protect our ability to operate in the face of disaster.
With another hurricane season approaching, it is probably a
good time to remind everyone that there is nothing more
important than backing up your data. The practice of law is
almost entirely the processing of information, and hurricanes
are a very real threat to the information we gather. If you are
not backing up your data, then you are not protecting your
livelihood. You may even be committing malpractice or
breaching an ethical duty. (For a good discussion of the liability
and ethics related to disaster preparedness, see Law Office
Disaster Preparedness, James Keim, Fla. Bar Journal, Vo.. 80
No. 5, May 2006) This is the second article on this topic since
last October because it is an important message.
Step 1: Digitize. Paper is an albatross around the neck of a
lawyer trying to prepare for a hurricane. It is heavy, bulky, and
susceptible to water and wind damage. The only data you can
protect easily is data that has been digitized. Get all depositions
on disc, have all photographs taken digitally, and scan all
important correspondence and contracts. Your calendar should
be stored in two places, one digital and one paper. Printing the
digital version will suffice, but do not leave your only calendar
copy on a computer. Finally, store all of the digitized data on a
central computer that can be backed up and restored easily.
Step 2: Backup. Storing important information is less than
half the battle. You need to have the data backed up safely in a
remote location. This is especially important for disasters, such
as fires, that we can’t see coming days in advance. The process
of backing-up your data must be daily and routine so you are
prepared when the unexpected occurs.
A good product for this purpose, if you are going to do it
yourself, is the Iomega REV Drive. For just over $500.00, you
can purchase a REV Backup Kit, which includes software for
automatically backing up data, a REV Drive, and 6 discs for
daily use. (http://www.cdw.com/shop/products/default.aspx?
EDC=857549) The REV drive can hold 35 GB of data
uncompressed, or up to 90 GB compressed. It is small, compact
and reliable. The end of each day routine should be to put a new
disc in the drive and take the disc from the day before home
with you. The next day you bring the disc back and put it in line
to be used the next week. The discs should be labeled Monday
through Friday, with the final disc for a weekly backup.
Internet Backup Systems – A very easy solution is to have
your data backed up every night using the Internet. This option
is attractive because your backup is automatically stored in a
place that is far away from Hurricane Alley. The Law Practice
Continued on page 10
Scott Skier, Esq.
is pleased to announce
the opening of his
law practice
handling all matters
Civil and Criminal.
Scott Skier, P.A.
Scott Skier, Esq.
The Blackstone Building
100 S. Dixie Highway, Suite 306
West Palm Beach, FL 33401
Telephone: (561) 820-1508
Fax: (561) 820-1578
June 2006
Page 5
The Law Week Committee recently hosted its annual Judicial Reception
to kick off its Law Week events.
Law Week Committee
Chair Kim RommelEnright and Committee
Member Sara Alijewicz
David Ackerman,
Mark Bideau and
4th DCA Judge
Robert Gross
Sally Benson, Curtis
Shenkman and
Chubby Damsel
Ted Deckert, Judge
Jack Cook and Art
Pumpian
Marjorie Gadarian Graham, Judge Gary Farmer,
Donna Krusbe & Judge Carole Taylor
Federal Judge James Hopkins, Adam Rabin and
Ryon McCabe
Randee Schatz, Sheryl Wood, Judge Krista Marx,
Denise Nieman and Judge Karen Miller
David Schwartz, Christine Hoke and Ron Crescenzo
Todd Stewart, George Psoinos, Sandy Myers and
Judge Art Wroble
Dori Stibolt, Scott Zappolo, Bryan Poulton
and Jane West
Page 6
Bulletin
Professionalism
By D. Culver (Skip) Smith III
On behalf of the Professionalism Committee
METADATA: What are the Ethical Implications?
The metadata phenomenon by now
has been burned into the psyches of all
lawyers who have not been hibernating
for the past several months. For those of
you who somehow have missed all the
excitement, “metadata” is information
that is automatically created and
embedded in computer-created
documents. It literally means
“information within information.” It may
include the identities of the author and
any editors of a document, the changes
made to the document in the drafting and
editing process, the dates that the
document was initially drafted and later
edited, the amount of time devoted to
creating and editing the document, and
comments made by various reviewers of
the document. Metadata, therefore, may
include confidential lawyer-client
communications or lawyer work product
that otherwise is shielded from disclosure
by the lawyer-client or work-product
evidentiary privilege. The kicker: the
recipient of an electronically transmitted,
computer-created document (such as a
Word document transmitted by e-mail)
can view the document’s metadata with
only a couple of clicks of the mouse.
The ethical and practical implications
of metadata have been vetted in several
articles of late. At its December 2005
meeting, the Florida Bar Board of
Governors, in response to a board
member’s anecdote about an unhappy
experience with metadata, voted to state its
sense that “mining” the metadata in
another’s document is unethical and to
request the Professional Ethics Committee
to draft an advisory opinion on the subject.
This has prompted comments ranging
from characterizing anyone who would
mine metadata as an “unethical slime” to
suggesting that the Board of Governors
should stay away from a subject about
which it is “clueless.” In any event, the
Professional Ethics Committee has
undertaken the task of formulating an
advisory opinion, which by the time this
article is published will have been printed
in the Florida Bar News for comment.
(Your author had the privilege of chairing
the subcommittee charged with drafting
the proposed advisory opinion.)
Despite all the excitement, no new
ethical concepts arise. For the sender, the
ethical concern is the duty to protect the
client’s confidences and secrets, an
obligation that extends to “information
relating to the representation of a client,”
not just to confidential communications
June 2006
that would fall within the more narrow
lawyer-client evidentiary privilege.
Compare R. Reg. Fla. Bar 41.6(a) with
Fla. Stat. § 90.502(2). The precise issue
becomes the extent to which a lawyer
must take precautions to avoid disclosing
sensitive metadata to opposing counsel
or third parties, such as, for example, by
“scrubbing” metadata from a document.
For the recipient, the ethical issue boils
down to balancing competent and
zealous representation with respect for
the rights of third parties. Compare R.
Reg. Fla. Bar 4-1.1 (“Competence”) and
R. Reg. Fla. Bar 41.3 (“Diligence”) with
R. Reg. Fla. Bar 4-4.4 (“Respect for
Rights of Third Persons”). This is akin to
the inadvertent-fax scenario.
Ultimately, the ethical duties that arise
are fairly straightforward. The sender is
obligated to take reasonable precautions to
safeguard the confidentiality of sensitive
information relating to the representation
of a client, including such information
contained in metadata. What is reasonable
necessarily will depend upon the
circumstances. The recipient is obligated
not to try to obtain such information from
the metadata in a document when the
recipient knows or should know that the
information was not intended for the
recipient and must treat any such
information that is viewed (intentionally or
inadvertently) as confidential information
that the sender did not intend to transmit
(which would obligate the recipient at
least to notify the sender that the
information has been viewed).
Note that these ethical obligations
apply only to documents containing
sensitive information relating to the
representation of the sender’s client. They
do not preclude mining and using
metadata that otherwise is discoverable
under applicable rules or may be used as
evidence in a trial or arbitration. Indeed,
in those circumstances a lawyer
producing documents in discovery may
have an ethical duty to ensure that the
metadata in such documents has not been
scrubbed, and the receiving lawyer may
have an obligation to examine the
metadata in any such documents if such
information could be useful.
W. JAY HUNSTON, JR.
Mediator/Arbitrator
• J.D. Stetson Univ. College of Law (1976)
• Florida Bar Board Certified Civil Trial Lawyer
(1983-2003)
• Florida Bar Board Certified, Emeritus in
Civil Trial Law (2003-Present)
• Florida Certified:
Circuit Civil Mediator (1991-Present)
Family Mediator (1998-Present)
• NASD Approved Mediator
• Qualified Florida Arbitrator
• Admitted to Practice in Florida, Montana, Colorado, and Ohio
• Hourly and Per Diem Rates Available upon Request
Since 1/1/01, limiting his practice to all forms of effective dispute resolution, including pre-suit and
Court-ordered mediation, arbitration, conciliation, special master proceedings, and private judging.
W. Jay Hunston, Jr., P.A.
P.O. Box 508, Stuart, FL 34995
(772) 223-5503; Fax: (772) 223-4092
(800) 771-7780; Fax: (866) 748-6786
Email: [email protected]
website: http://www.hunstonadr.com
Page 7
The Bar hosted
its second Judicial
Luncheon Series in
April. The guest
judges (shown at left)
were Judges Elizabeth
Maass, Kenneth Stern,
Jeffrey Winikoff and
Thomas Barkdull.
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10/06
09/06
03/07
08/06
06/06
04/07
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All Civil Division Judges schedule their own Jury and Non-Jury Trials.
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John Pankauski , JD, LLM
West Palm Beach
PROBATE
LITIGATION
561- 655- 1556
Referral fees gladly paid per Bar rules
pankauski
LAW FIRM
P. L. L. C.
Page 8
Attending the lunch were David Greene,
Nisha Wright and Will Wright.
Movie tickets make great gifts
for teachers, clients and staff!
The PBCBA has discount movie
tickets available for its members.
Remember, these tickets make great
gifts for family, babysitters, staff or
clients. Savings are available for the
following theaters:
*Muvico Theater - $7.00 each
($8.50 at box office)
*Regal Theaters $7.00 each
($8.50 at box office)
*NEW* Cobb Theatres $6.50 each
($7.75 at the box office)
Come by the office and pick up
your tickets today (payment only by
check or credit card). Tickets will only
be FedEx’d (not mailed) if member
provides us with a FedEx number.
PRICES ARE SUBJECT
TO CHANGE
Bulletin
Personal Injury Corner
Unrelated Works
Exception Revisited
by Ted Babbitt
Fla. Stat. 440.11(1) provides an exception to the civil
immunity granted to both employers and coemployees by the
workers’ compensation law when a coemployee either acts with
gross negligence or is employed by the same employer, but is
assigned primarily to unrelated works within the employment.
What constitutes “unrelated works” has been the subject of
enormous judicial labor. In Taylor v. School Board of Brevard
County, 888 So. 2d 1 (Fla. 2004), the Florida Supreme Court
attempted to reconcile the opinions of all of the District Courts
which diverged on how to define the unrelated works
exception. In that case, the Court concluded that the unrelated
works exception had to be interpreted narrowly:
“That the exception of the scheme for unrelated works
should be applied only when it can clearly be
demonstrated that a fellow employee whose actions
caused the injury was engaged in works unrelated to the
duties of the injured employee.” Id. at Page 5.
Unfortunately, the Supreme Court in Taylor provided
little guidance as to how their mandate was to be applied. The
Legislature gave even less guidance in the statute itself. That
led to differing interpretations among the District Courts and
ultimately brought the question before the Supreme Court
again in Aravena v. Miami-Dade County, 31 Fla. L. Weekly
S205 (Fla. April 6, 2006). That case, in an opinion authored
by Chief Justice Pariente, reviews the rocky course of
attempted interpretation of the unrelated works exception by
all of the courts including the Supreme Court and gives needed
guidance to the Courts as to when this exception applies.
The Aravena case arose out of a wrongful death action
brought on behalf of a school crossing guard who died when
lights at a crossing malfunctioned and resulted in a two car
collision where one of the cars left the roadway and killed the
decedent. Suit was brought on behalf of her survivors against
Miami-Dade County, which employed the decedent as well as
those who maintained the lights. After a jury verdict in favor of
the plaintiff, the Third District reversed and remanded for entry
in favor of the defendant based upon its interpretation of Taylor,
supra. The Supreme Court reversed and reinstated the verdict.
The facts showed that the crossing guard worked for the
County’s police department while the traffic signal personnel
worked for the Department of Public Works, at different
locations. The employees were not supervised by the same
individuals and did not have similar duties. The crossing
guards did not interact with the mechanics who maintained
the signals and the responsibilities of the crossing guard to
shepherd school children across the street had nothing to do
with the appropriate regulation of traffic lights.
In reversing the trial court, the Third District looked at
the big picture, opining that the traffic signal repair
personnel’s responsibility was to regulate cars and pedestrians
and to appropriately repair the traffic lights while the school
crossing guard’s responsibility was to regulate the same
vehicles and people at the same intersection where the
defective light was located. The Third District concluded it
could not be said that the two jobs clearly demonstrated that
they were unrelated or that the employees were working on
entirely different projects.
The Third District’s interpretation is understandable. In
Taylor, the Supreme Court concluded that a school bus driver
and a school bus mechanic were not engaged in unrelated
Continued on page 16
Death • Divorce • Estate Planning
Guardianship • Bankruptcy • Taxation
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APPRAISALS
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Page 9
Annual Spelling Bee & Cocktail Reception
How well can you spell? The Lawyers
for Literacy Committee is planning its
annual Spelling Bee and Cocktail Reception
for Thursday, August 10 from 5:30 p.m. to
7:30 p.m. at the Presidential Country Club in
West Palm Beach. If you’re a good speller,
then participate in the contest!
Here’s how it works. The first 20
members who enter the contest will be asked
to spell words from Black’s Law Dictionary.
The top three winners will then go on to
represent the Bar Association’s Team in the
Palm Beach County Literacy Coalition’s Great Grown Up Spelling
Bee, which takes place in September at the Boynton Beach Mall.
The cost to enter the contest is $50.00, which includes your name
and your firm’s name on the T-shirt. You’ll also be recognized in the
Bar Association’s Bulletin and upcoming eNewsletters.
Thanks to our sponsors from the Presidential Country Club and
Regent Bank, all of the proceeds from the evening will benefit literacy
efforts in our area. In addition to the contest, you’re invited to the
cocktail reception for just $20.00. Please join us for this fun event and
support your fellow spellers!
To sign up for the contest, please call Cindy Spall at 650-0563 or
Lynne Poirier at 687-2800. To register for the cocktail reception, you
can register on line at www.palmbeachbar.org.
The Palm Beach County Bar Association has created a “100
Club”. The 100% Club is a special category of membership that
demonstrates a commitment to the legal profession and our community
from law firms, law departments and legal organizations with more
than three attorneys who enroll 100% of their attorneys as members of
the Palm Beach County Bar Association. The 100 Club listing will be
published quarterly in the newsletter as well as posted on our website.
If you think your firm is eligible, fax a listing of your attorneys to
(561) 687-9007, Attn: Nancy Reidler and we'll let you know!
Many thanks to the following law firms and legal organizations
that are our inaugural members of the 100% Club:
Page 10
from page 5
Management Section of the ABA has a great article on
Internet Backup Providers which you may want to read:
http://www.abanet.org/lpm/lpt/articles/tch10051.html.
They make the case that on-site backup systems are
insufficient because people fail to rotate the discs and
keep them safely offsite. A good office routine may
solve that problem, but there is always a danger that the
person in charge of bringing the backup disc home will
forget on the night of the disaster.
Step 3: Test. Complacency is a Killer. Many
times, people don’t find out their backup routine is
broken until it’s too late. The system needs to be tested
occasionally by deleting a file and asking someone to
restore it. You might want to bring a towel to wipe the
sweat away. Be sure to pick a file that is not critical. A
spot check of the bringing-the-REV-Disc-Home routine
is a good idea. A backup disc does no you good if it
burns up in the fire at your office.
Hurricanes are a reality and they are a pain, but
they don’t have to be a total disaster. Plan ahead and
protect your practice and your clients. It’s too late to
start when Ernesto is in the Bahamas.
[email protected].
Membership Benefits
100 Club Created
Ackerman Link & Sartory
Adams, Coogler, Watson, Merkel,
Barry & Kellner, P.A.
Beasley Hauser Kramer Leonard
& Galardi, P.A.
Christine D. Hanley & Associates, P.A.
Corbett and White, P.A.
Devore & Devore, P.A.
Fisher & Bendeck, P.A.
Gaunt, Pratt, Radford & Methe, P.A.
Gelfand & Arpe, P.A.
Glen J. Torcivia and Associates, P.A.
Computer Basics: Backup
Kirk Grantham, P.A.
Pressly & Pressly, P.A.
Ricci~Leopold, P.A.
Richman Greer Weil Brumbaugh
Mirabito & Christensen, P.A.
Robin Roshkind, P.A.
Schuler, Halvorson & Weisser, P.A.
Scott, Harris, Bryan, Barra &
Jorgensen, P.A.
Sorgini & Sorgini, P.A.
Stuart R. Manoff & Associates, P.A.
William W. Price, P.A.
Discounts
• CLE - live seminars plus a large library of CD’s to
help meet those last-minute CLER requirements
• Movie Tickets
• Busch Gardens and Sea World Discounts
• Brooks Brothers
• Daily Business Review
• Office Supplies
Professional Benefits
• Mentor Program
• Free classified advertising
• Public service opportunities
• Annual printed pictorial directory as well as an online membership directory
• Weekly eNewsletters
• Monthly Bar Bulletin newsletter
• Lawyer Referral Service
Renew your Bar Association
Dues Promptly
It pays to be a member!
Renew online at www.palmbeachbar.org/dues.php
Bulletin
Bankruptcy
Bankruptcy is Still an Option for Debtors
by Marc P. Barmat, Esquire
Upon reading the newspapers and listening to TV
announcers, it would be easy to conclude that bankruptcy is
no longer an option for the needy debtor. However, many
news reports have not told the full story about the bankruptcy
reform or its impact on the number of bankruptcy filings.
Even following the October 17, 2005 enactment of the
bankruptcy reform know as “Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005,” (“BAPCPA”) most
individuals are still eligible for Chapter 7 bankruptcy relief.
Contrary to some reports, post BAPCPA, people who have
amassed consumer debt for personal, family or household
purposes are still allowed to financially get a fresh start.
Sometimes, this is achieved through a Chapter 7 bankruptcy
where most debts are discharged, and sometimes, this is
achieved through a Chapter 13 repayment plan, where all or
part of the debts are repaid with future earnings over a three
to five year period. If an individual has amassed non
consumer debt, i.e., debt not primarily for personal, family or
household purposes, individual bankruptcies remain
substantially unaffected by the new bankruptcy laws. Further,
there are virtually no changes in the new bankruptcy law
which would impact a Chapter 7 business bankruptcy.
The most substantial change to individual consumer
bankruptcies, post BAPCPA, is a new investigation into the
individual’s finances to determine if they can afford to pay
creditors. If they can, based on a set formula known as the
“means test,” they will not be able to file a Chapter 7
bankruptcy, but instead will need to file a Chapter 13
bankruptcy. The “means test” is designed to force people who
can afford to pay some of their creditors to do so rather than
SETH HONOWITZ
Mobile: (561) 262-0726
Office: (561) 627-5100
discharge all of their debt in a Chapter 7. The “means test”
compares the debtor’s excess monthly income to the amount
of unsecured debt to determine how much a debtor could
repay to creditors if he were in a Chapter 13. Because this
calculation is hypothetical, and does not necessarily reflect
the debtor’s true financial condition, a debtor who appears to
be able to repay the minimum portion of his debt but who, in
reality, cannot, may be permitted to stay in a Chapter 7 case.
Unfortunately, the “means test” is more complicated then can
be explained well here. However, 95% of debtors will not be
affected by the means test.
As far as the number of Chapter 7 bankruptcies filed
during the first quarter of 2006 in the Southern District of
Florida is concerned, the numbers are dramatically down, but
not without explanation. Prior to the enactment of BAPCPA,
there was a tremendous increase in the number of Chapter 7
bankruptcy filings. In fact, in the three month period
preceding October 17, 2005, there were 17,972 Chapter 7
bankruptcy filings in the Southern District of Florida, as
compared to 5,031 filings for the same period of time in 2004.
Essentially, it appears that a large percentage of those who
filed bankruptcy before the enactment of BAPCPA, under
normal circumstances, would have waited and probably filed
in the first quarter of 2006 or later.
So, for those of you who were of the belief that
bankruptcy was dead, rest assured that it is not. Although
there are post BAPCPA changes, bankruptcy is still a viable
option for debtors.
This article was written by Marc Barmat, Furr and
Cohen, P.A, One Boca Place, Suite 337 West, 2255 Glades
Road, Boca Raton, FL 33431; (561) 395 0500;
[email protected].
EXCLUSIVE REPRESENTATION
OF THE D ISABLED
E-mail: [email protected]
www.leibowitzrealty.com
Providing professional and personal service to
fellow members of the Palm Beach County Bar
in communities such as
Mirasol, Frenchman’s Reserve, BallenIsles,
PGA National, Eastpointe Country Club,
Mirabella & other fine communities.
From initial claims to Federal Court actions – we can help.
Chris R. Borgia, Esquire
561-683-0152
817 Donald Ross Rd., Juno Beach, FL 33408
210 Brazilian Ave., Palm Beach, FL 33480
June 2006
or for more information visit
www.SocialSecurityDisabilityLaw.net
Page 11
John N. Buso Recognized as Pro Bono Attorney of the Month
The Fifteenth Circuit Pro Bono Committee is pleased to announce this month’s
Pro Bono Attorney of the Month, JOHN N. BUSO. John, a solo practitioner in West
Palm Beach, is a Board Certified Civil Trial Attorney. John’s practice is primarily in
the areas of litigation, insurance defense and business law. John is being honored for
his long term representation in two guardianship cases. The cases originated in the
Legal Aid Society’s office in 1998 with the guardianships of two minor children. The
paternal grandfather had been raising his two grandchildren after the death of their
father. Over the course of many years John filed Annual Plans and handled other
matters that arose in the guardianships. The guardian was an elderly man when he
became the guardian and during the course of the guardianships he passed away.
John continued to represent the new guardian until both of the children reached
majority and the guardianships were dissolved. John spent over 200 hours in the
representation of these guardianships. For his prolonged and laudable efforts on
behalf of the client, and his long term commitment to pro bono service, John is
recognized as this month’s Pro Bono Attorney of the Month.
Probate Attorneys - Please be advised that Judge Jeffrey Colbath and Judge
Richard Oftedal will both be hearing Probate and Guardianship matters on
Tuesdays and Thursdays.
Page 12
Pro Bono Attorneys Who
Closed Cases in April 2006
We salute the following attorneys
that closed their pro bono cases in
April 2006:
J. Reeve Bright
Alexander R. Brumfield
John L. Bryan, Jr.
Alan M. Burger
John N. Buso
William E. Calnan
Donald J. Freeman
Elaine M. Gatsos
Ginny L. Goldman
Harvey Kaufman
Deena R. McNamara
Kevin L. McNamara
Melynda Melear
Scott B. Newman
Michelle Reichler
JohnR. Sheppard, Jr.
Elliot J. Sokoloff
Roy R. Watson
Wendi S. Weisman
Total number of hours: 709.80
Bulletin
Extreme House Party Benefits
Legal Aid Gala
On April 18, Robin Rosenberg and
Michael McAuliffe hosted a cocktail party
for over 150 friends and supporters of Legal
Aid at their beautiful new home in
downtown West Palm Beach. In addition to
disco style entertainment provided by Garry
G. Lewis and students from the Dreyfoos
School of the Arts, guests were invited to
watch an extreme video of Michael’s
mountain climbing expedition on
Aconcagua.
The party was the final celebration
leading up to the 18th Annual Pro Bono
Recognition Evening to be held on Saturday
evening May 13, 2006 at the Kravis
Center’s Cohen Pavilion.
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Of all the banks in South Florida, only one has the
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Page 13
Welcome New Members!
The following represents each new
member’s name, hometown, law school,
and date of admission to the Florida Bar
and law firm association.
DONNA M. KRUSBE – Tallahassee,
FL; University of Miami, 1992;
Associate with Billing Cochran Heath
Lyles Mauro & Anderson in West Palm
Beach.
DANIELLE M. APPIGNANI –
Lakewood, NJ; Florida State University
College of Law, 2005; Associated with
Fourth District Court of Appeal in West
Palm Beach.
MICHELE M. LEWIS – West
Hartford, CT; Nova Southeastern
University, 2005; Associate in Jeck,
Harris & Jones, LLP in Jupiter.
MATTHEW R. CHAIT – Great Neck,
NY; Benjamin N. Cardozo School of
Law, 2003; Associate with Shutts &
Bowen LLP in West Palm Beach.
ZACHARY A. EMMANOUIL –
Houston, TX; Oklahoma City University
College of Law, 1998; Associate with
Sachs Sax Klein in Boca Raton.
SANDRA RODRIGUEZ HICKMAN
– New York; University of Miami, 2001;
Associated with Florida Rural Legal
Services in West Palm Beach.
KATERINA MILLS – Richmond, VA;
New England School of Law, 2000;
Associate in Hilley, Wyant-Cortez, P.A.
MARC V. NOCERA – New York City,
NY; Quinnipiac Law, 1999; Associated
with Catalfumo Construction Legal
Department in Palm Beach Gardens.
SHANNON SAGAN- Annapolis, MD;
Nova Southeastern University, 2004;
Associate in Law Offices of Dewey H.
Varner, P.A. in Lake Worth.
John Pankauski
TANIA J. SIGMAN- West Palm Beach,
FL; University of Alabama, 2001;
Associated with State Attorney’s Office
in West Palm Beach.
JESSICA TICKTIN – New Brunswick,
Canada; Stetson Law School, 2003;
Associate in J. Mark Maynor, P.A. in
West Palm Beach.
E. RODMAN TITCOMB, JR. –
Oregon; William Mitchell College of
Law, 1975; Resides in Palm Beach.
IRA E. WEINTRAUB – Miami, FL;
Western New England College School of
Law, 2002; Associate with Nason Yeager
et al in West Palm Beach.
YOSHIMI O. WHALEN – Havana,
Cuba; Hofstra University, 1998;
Associate in Miller & O’Neill, P.L. in
Boca Raton.
West Palm Beach
MEDIATION
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IRM
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KEVIN JAY BYRNE
561- 655- 1556
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LAW FIRM
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Page 14
•
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No charge for travel time
No charge for mediator’s
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has joined the firm as an associate
The firm represents clients
throughout Palm Beach County
and is conveniently located
in Wellington.
Howard K. Coates, Jr., P.A.
12012 South Shore Blvd., Ste. 107
Wellington, FL 33414
Tel: 561-333-4911
Bulletin
June 2006
Page 15
Florida Bar Board of Governors Report
The following is a summary of The Florida Bar’s Board of
Governors Meeting held on April 7:
• Approved the 2006-07 Bar Budget, which has no increase in Bar
membership fees. The budget calls for almost $34 million in
expenditures and projects more than $35 million in revenues.
Complete details will be in the April 30 Bar News.
• Received on first reading the recommendations of the Special
Committee to Study Paralegal Regulation. The committee is
suggesting a two-tier system, where the first level is paralegals as
defined in current Bar rules and tier two includes paralegals
meeting higher education and experience standards. The board will
debate and vote on the recommendations at its June 2 meeting.
• Approved a recommendation from the Communications
Committee to greatly expand what information Bar members can
list about themselves on the Bar’s Find-a-Lawyer service on its
Web site. It will be up to Bar members to go on the site and
provide the updated information when the service becomes
available later this year.
• Heard Council of Section President Jeff Wasserman ask for a
non-voting seat on the Board of Governors for the council, to
promote closer relations between the board and Bar sections.
• Tabled a recommendation that lawyers should generally not be
able to call themselves a doctor of laws in advertisements, and
handled several other advertising-related matters.
• Heard a report that the Special Committee on Website
Advertising Rules has voted 6-4 that attorneys’ Web sites should
be treated as information provided at the request of a potential
client under Bar ad rules. But Chair Chobee Ebbets said the
committee feels that some further regulation may be necessary
and is discussing that.
• Approved an ABA resolution that state bar exams should not
have a disparate impact on passage rates of minority law
students, and that state and local bars should support programs
which encourage minorities to attend college and law schools.
• Approved a standing board policy to guide Bar attorneys when
they supervise Bar investigators in UPL cases. The policy will
allow the resumption of “undercover” activities in UPL
investigations after a hiatus of several years.
• Approved a revision of certification policies to allow attendance
at an advanced trial seminar to count as one trial towards
meeting certification and recertification standards when trial
experience is required.
• Recommended six nominees to Gov. Jeb Bush for each of the 26
judicial nominating commissions. Bush will appoint two from
each slate for four-year terms on the JNCs.
Should you have any questions or comments, please contact
one of your local 15th Circuit Representatives: Jay White, Scott
Hawkins, Lisa Small or Greg Coleman.
Unrelated Works Exception Revisited
from page 9
works because they “shared a common goal of providing safe
transportation to the students.” Taylor at Page 6.
Recognizing the Supreme Court’s interpretation in Taylor
might be misinterpreted too restrictively, the Avavena majority felt
it was time to set out clearer instructions to the courts as to how to
apply this workers’ compensation exception. At Page 208, the
Court states:
“We conclude that the phrase ‘assigned primarily to unrelated
works’ in section 440.11(1) has both an operational and a
locational component. Thus, where coemployees are assigned
primarily to different departments and different locations, and
are assigned primarily to different job functions, the fact that
the coemployees may have some broad overlapping
responsibilities is not dispositive.
Although we stated in Taylor that ‘we could not hope to
contemplate the myriad of factual circumstances’ that might
arise in applying the unrelated works exception, 888 So. At 5,
a review of the district court decisions shows common factors
used in the analysis of the applicability of the unrelated works
exception. These include: (1) whether the coemployees work
at the same location; (2) whether the coemployees must
cooperate as a team to accomplish a specific mission; (3) the
size of the employer; (4) whether the coemployees have
similar job duties, (5) whether the coemployees have the same
supervisor; and (6) whether the coemployees work with the
same equipment.
In a case such as this one, in which the coemployees do not
work at the same location, it is more likely that the
Page 16
coemployees will be considered to be assigned primarily to
unrelated works. However, in making this determination the
courts should also consider whether the coemployees must
cooperate as a team to further a specific mission of the
employer, not whether they further the same general mission
of the employer. In deciding whether coemployees must
cooperate as a team to further a specific mission of the
employer, it may be helpful to look to the last four factors
enumerated above; the size of the employer and whether the
coemployees work with the same equipment, have the same
supervisor, or have similar duties.
Further, although we recognize that when employees work at
the same location, it is more likely that they will not be
considered to be assigned primarily to unrelated works, we
caution that in those circumstances, the courts must also
consider whether the work being performed is part of a team
effort. Clearly, as Justice Lewis observed, a large university
that has thousands of employees across many acres warrants
different consideration than a small, single-structured location
such as an elementary school, where everyone from teachers to
custodial staff may be considered part of the same team. See
Taylor, 888 So. 2d at 15 (Lewis, J., concurring in result only).”
This road map gives clearer instructions to the courts as to
how to apply the unrelated works exception to the workers’
compensation law. This step by step analysis, while still
necessarily imperfect, allows courts to review the myriad fact
situations which could apply to this question in a more structured
analysis than was provided by the Legislature.
Bulletin
FIRST
FOR SERVICE AND PROTECTION
YOU CAN’T DO BETTER THAN
Future lawyers and judges
Palm Beach Gardens Elementary
School was one of 25 local schools to
participate in a Mock Trial during our
annual Law Week program. The 3rd grade
students read from the fact pattern of “The
Big Bad Wolf versus Curly The Pig.” Judge
Jeffrey Colbath attended the trial and
instructed the “jurors” of what they needed
to do to reach a verdict, which they did of
“not guilty.” Mock trials offer school age
children an opportunity to be exposed to
lawyers, judges and our court system.
Many thanks to all of our members
who participated in the program.
First American Title
Insurance Company
Alice Meade
Kitty Stevens, Esq.
Account Executive
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Proudly serving First American Agents in Martin & Palm Beach Counties
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(561) 712-7808
Fax: (561)
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Onsite Duplication • Audio & Video Duplication • Document Numbering
Bankruptcy Mailouts • Document Shredding
Judge Jeffrey Colbath and Andrew Poirier, who
played the plaintiff as the B.B. Wolf.
Photo Answers:
From Page 4
1. Shelton Clyatt
2. Gilbert Brophy
3. Bob Foley
4. Judge Carl Harper
5. James Robinson
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Be sure to send
your updated
address, phone,
fax and email
information to
the Bar at
561/687-9007.
Page 17
Bulletin Board
*** Ad Rates ***
CLASSIFIED ADVERTISING RATES:
TO PLACE AN AD: 1) Please fax all ads
to 561/687-9007 by the 1st of the month
for the following month’s publication. 2)
Upon receipt you will be notified of cost.
3) Send payment by the 1st of the month.
4) Cost: 50 words or less $30, 50-75
words $35, up to 75 words with a box
$45. 5) Members receive 3 months free
advertising/year (excluding professional
announcements). Ads will only be re-run
by re-faxing ad to 561/687-9007.
Web-site advertising is also available for
a cost of $25 for a two week run.
Payment must be received prior to
publication and renewable only upon
receipt of next payment.
The Palm Beach County Bar
Association, its officers, directors,
and staff do not endorse any
product or service advertised.
SMALL WEST PALM BEACH AV
RATED firm seeks civil litigation and
family law attorney with a minimum 5-10
years experience. Excellent career
opportunity. Send resume to 452 Palo
Alto Drive, Palm Springs, FL. 33461.
LITIGATION ASSOCIATE: AV rated
defense litigation firm seeking attorney
for our NPB office. Must possess 0 - 3
years experience. MUST be licensed in
Florida. Please fax your resume to
Pamela Diegel, Bobo, Ciotoli, Bocchino,
newman & Corsini, P.A. at (561) 6305921 or email it to me at
[email protected]
PROFESSIONAL ANNOUNCEMENTS:
The following announce their availability
for referral, assistance and consultation.
SCOTT SUSKAUER: Board Certified
Criminal Trial Lawyer. All criminal
matters in State and Federal Court
including felonies, misdemeanors, DUI
and traffic matters, 1601 Forum Place, Ste.
1200, WPB, FL 33401; 561-687-7866.
GREGORY TENDRICH: Former Vice
President & Asst. General Counsel (with
Series 7 license) to regional & national
NYSE/NASD brokerage firms, current
NASD Arbitrator and Florida Supreme
Court Certified County Court Mediator, is
available to mediate all securities related
matters, as well as business and
commercial disputes. Mr. Tendrich is also
accepting referrals and is available to cocounsel and/or provide trial consultation
& assistance in all securities related
matters, including state, federal and SRO
regulatory enforcement. Please call 561417-8777 or visit our website
www.yourstocklawyer.com or email the
firm at [email protected].
KEVAN BOYLES: Contributing Fellow
– National Network of Estate Planning
Attorneys. Probate; Guardianship
(Minors); Special Needs and Protective
Trusts; Estate Planning (Financial
Retirement, Business Succession,
Charitable, Medical, Disability, Legacy
and Gift); Estate and Gift Tax Returns.
350 Royal Palm Way, Ste. 405, Palm
Beach, FL 33480; (561) 833-2472.
POSITIONS AVAILABLE:
PRIORITY STAFFING SOLUTIONSWe provide Experienced Legal
Secretaries, Paralegals & Receptionists for
temporary and permanent placements.
Owner, Legal Assistant with over 20 years
exp. In WPB- qualified to fill your
position with candidates experienced in
your particular field of law. (561) 2227717, fax (561) 746-5433
[email protected].
BUSY PLAINTIFFS’ personal injury
firm seeks motivated associate with
2-4 years experience- either plaintiff or
defense. Competitive salary and benefits
package. Please fax resume to
561-659-9075.
ASSOCIATE ATTORNEY wanted for
Boca Raton law firm. 1 to 2 years
experience. Business transactions and
litigation. Self starter. Salary
commensurate with experience. Reply to
Schwartz, Gold, Cohen, Zakarin & Kotler,
P.A., by fax at (561) 361-9770.
FILE CLERK/LEGAL SECRETARYFor fast paced WPB family law firm.
Transcription, typing, phones, faxing,
mail, filing, and photocopying. 1-2 years
prior experience required. Fax resume
561-296-6333.
Page 18
Bulletin
Bulletin Board
MARK R. HANSON: All admiralty and
maritime matters, including personal
injury actions, boating accidents, cruise
line injuries and insurance claims. 240
Tenth Street, West Palm Beach, FL 33401,
(561) 833-7828
[email protected].
W. GREY TESH: Criminal Defense
Attorney. Over 50 jury trials. Former
assistant public defender experience in
felony, misdemeanors, juvenile, and
appeals. Federal and State cases. Private
investigator services included. Director,
Palm Beach Association Criminal Defense
Lawyers. Young Lawyers Section,
PBCBA. 1610 Southern Blvd. WPB, FL
33406. www.wgtlaw.com (561-686-6886).
MICHAEL J. MCHALE: Board
Certified Admiralty and Maritime Lawyer.
All maritime and admiralty matters in
State and Federal Court including personal
injury, seizures of vessels, limitation of
liability, purchase and sale of boats, cruise
ships injuries, longshore claims, and BUIs.
(561) 835-3660, [email protected]
and www.admiraltyatty.com.
CHRISTOPHER HOPKINS: Appellate
counsel for appeals in state and federal
courts. Mr. Hopkins focuses on state
appeals, particularly personal injury and
malpractice. Cole, Scott & Kissane, P.A.,
1645 Palm Beach Lakes Blvd., 2nd Floor,
WPB, FL 33401; Email:
[email protected].
RICHARD D. NADEL: Bankruptcy.
Twenty years experience in the Southern
and Middle District. Florida Bar
designated 1996. Address: 3300 PGA
Blvd., Ste. 970, Palm Beach Gardens, FL
33410, Telephone: (561) 622-9353 Email:
[email protected].
JOHN PANKAUSKI: Probate Litigation
& Investments- Helping investors and
beneficiaries with wills, trusts, estates,
investment losses, prudent investor act
cases, discretionary accounts, bank/trust
companies/brokers, beneficiary rights,
inheritances, fees, breach of fiduciary
duty. Gratefully accepting referrals, cocounseling cases and serving as an expert
witness. Referral fees per bar rules. John
Pankauski, JD, LLM, 655-1556,
[email protected], WPB, former
Associate Fiduciary Counsel-Bessemer
Trust; NASD arbitrator; CFP Instructor;
Adjunct professor, graduate studies, College
of Business, Dept. of Finance, FAU.
THOMAS R. BAKER, III:
Establishment and maintenance of
guardianships for property of minors as a
result of personal injury settlements,
June 2006
including approval of settlements. 270 So.
Central Blvd., Suite 203, Jupiter, FL
33458; (561) 744-0802.
RICHARD HUJBER: Former
Immigration Attorney-Advisor to the
Miami Immigration Court and the Board
of Immigration Appeals. Mr. Hujber has
10 years experience, exclusively in
immigration law. He and his staff speak
Spanish, Hungarian, and Portuguese
fluently. The office accepts ALL types of
immigration matters. 980 N. Federal
Hwy. Suite 306, Boca Raton, Florida,
33432. Tel: (561) 417-VISA (8472);
Fax: (561) 417-2575;
[email protected].
OFFICE SPACE:
CHOICE OFFICES (and possible
working relationship) available in
beautiful new law suite on top floor of a
newly renovated Forum building on Palm
Beach Lakes Blvd. just east of I-95 and
convenient to courts. Furnished or
unfurnished, with 2 conference rooms,
full kitchen, wireless access, Covad voip
telephone system, free garage parking,
24/7 security. Please call (561) 537-3000,
fax (561) 537-3001, or e-mail
[email protected].
OFFICE SPACE, BOYNTON BEACH,
Class A Building, 1 or 2 window offices
with secretarial space. Share conference
room, reception area, and possibly
equipment such as copier, etc. with solo
attorney. Call (561) 740-7878.
JUPITER INDIANTOWN ROAD. Free
standing office building for sale. 800 sq.
ft. asking $550,000. REBEL COOK real
estate 622-9920. [email protected]
JUPITER U.S. ONE- RIVER PLAZA934 and 3159 sq. ft. for rent. 1550 sq. ft.–
Intracoastal View. REBEL COOK real
estate 622-9920. www.rebelcook.com.
NORTH PALM BEACH County Law
Firm has space available for attorney and
staff. Full amenities. Prime location on
PGA Blvd. Call 561-624-2110.
JUPITER OFFICE SHARING: Office
at Jupiter Gardens (South Central Blvd.).
Room for attorney and 1 secretary.
Copier, reception area, kitchen,
conference room available. Call Tom
Baker (561) 744-0802.
HEARSAY
Richard A. Kupfer, P.A. announces the
relocation of its West Palm Beach
appellate practice office to: 833 Eastview
Avenue, Delray Beach, FL 33483.
Telephone: 561-684-8600.
Fax: 561-684-1508.
Lara Donlon, a member of The Law
Offices of Glen J. Torcivia & Associates,
P.A. recently earned certification as a
Senior Professional in Human Resources
(SPHR). The certification signifies that
Ms. Donlon possesses theoretical
knowledge and practical experience in
human resource management.
Jones, Foster, Johnston & Stubbs, P.A. is
proud to announce that Scott L.
McMullen has been elected as a firm
officer, and Joanne O’Connor and Mark
Dahlmeier have been made shareholders.
LAW OFFICES- space available for
lease in prime Boca Raton locationreceptionist, phones, Internet access, and
conference room. Contact Ellyn at: 561392-5606.
In Memoriam
LAW OFFICE SPACE CASE
REFERRAL AVAILABLE- Centrepark
Corporate Park off Australian Avenue.
Law library, Conference room, Kitchen,
Copy machine, Parking. Excellent
location, close to airport, downtown West
Palm Beach and Courthouse. Call (561)
471-4900.
Howell “Micky” Van Gerbig, Jr.
1941- 2006
OFFICE SPACE AVAILABLE July 15,
2006, downtown West Palm Beach.
Walking distance to the courthouse, 2
story home, 2000 sq. feet, 3 offices, one
conference room, lobby, reception area
and kitchen. $3,000.00 per month.
319 8th Street. Contact Jim Morton
561-659-5159.
Henry P. Ruffolo
1935 - 2006
Jose M. Sosa
1949 - 2006
Paul Mehr
1954 - 2006
Page 19
June 2006
Thursday, June 1,
6:30 - 8:30 p.m.
Health Law Committee
Happy Hour
Paradise Harbour
Contact Stephanie Russo
(561) 655-1100
Saturday, June 3 7:00 p.m.
Annual Installation
Banquet
The Breakers Hotel,
Palm Beach
Tuesday, June 13, 12 noon
Young Lawyers Section
Executive Committee
Meeting
Bar Association Office
Friday, June 16, 12 noon
Cunningham Bar Meeting
Law Library
Contact Edrick Barnes
(561) 616-3333
Wednesday, June 14, 12 noon
FAWL Election Luncheon
Contact Elisha Roy for info
(561) 832-5500
Friday, June 16, 4:00 p.m.
Judge Reginald
Corlew Investiture
Courtroom 11A, Palm Beach
County Courthouse
Friday, June 16, 8:40 am –
12 noon
Real Estate Seminar
“Recent Changes in the
Law You Must Know to
Practice Competently
and Ethically”
Bar Association Office
Friday, June 9, 9:00 – 12:00
Condo & Homeowners
Association Law Seminar
Bar Association Office
Saturday, June 10, 7:00 p.m.
South County Bar
Annual Banquet
Ritz Carlton, Manalapan
Call (561) 482-3838
Register for Bar Events
Online at
www.palmbeachbar.org
Wednesday, June 21, 12 noon
Solo Practitioner’s
Luncheon Seminar
Bar Association Office
Thursday, June 22, 6 - 8 p.m.
PBC Trial Lawyers
Association Meeting
Marriott at City Place
Contact Susan Maynor
(561) 999-9490
PALM BEACH COUNTY BAR ASSOCIATION
1601 Belvedere Road, Suite 302 East, West Palm Beach, FL 33406
PAST
PRESIDENTS...
M.D. CARMICHAEL*
RICHARD P. ROBBINS*
L.R. BAKER*
HARRY A. JOHNSTON*
GEORGE W. COLEMAN*
H.C. FISHER****
MARSHALL B. WOOD*
E. HARRIS DREW***
B.F. PATY*
JOSEPH S. WHITE*
HENRY P. LILIENTHAL*
MANLEY P. CALDWELL*
WILBUR E. COOK*
W. MURRAY HAMNER*
RICHARD PRESCOTT*
RUSSELL MORROW*
CULVER SMITH*
*
**
***
****
*****
RAYMOND ALLEY*
C.Y. BYRD*
WILLARD UTLEY*
C.H. ERNEST*
PAUL W. POTTER*
WAREING T. MILLER*
CHARLES B. FULTON*****
J. LEO CHAPMAN*
ELWYN L. MIDDLETON*
H. ELMO ROBINSON*
J. STOCKTON BRYAN, JR.
HAROLD G. MAASS
ROBERT F. CROMWELL
CHARLES H. WARWICK III
PHILLIP D. ANDERSON
FREDERICK C. PRIOR
JAMES C. DOWNEY*
WILLIAM A. FOSTER
ALAN F. BRACKETT*
ROBERT D. TYLANDER*
ROBERT McK FOSTER*
JOHN M. FARRELL
H. LAURENCE COOPER, JR.
JOHN R. DAY
JOHN L. BURNS
HARRY JOHNSTON II
GAVIN LETTS*
JAMES S. ROBINSON
CHARLES H. DAMSEL, JR.
EDWARD LEWIS
RAYMOND ROYCE
PETER VAN ANDEL
LARRY KLEIN
THEODORE BABBITT
JOHN FLANIGAN
SIDNEY A STUBBS, JR.
JOSEPH J. REITER**
JOHN B. McCRACKEN
DAVID L. ROTH
D. CULVER SMITH III
TIMOTHY W. GASKILL
ARTHUR G. WROBLE
DECEASED
FLORIDA BAR PRESIDENT
DECEASED, FLORIDA BAR PRESIDENT, SUPREME COURT JUSTICE
DECEASED, FLORIDA BAR PRESIDENT
DECEASED, FLORIDA BAR PRESIDENT, FEDERAL COURT JUDGE
GUY C. HILL
PATRICK J. CASEY
JAMES G. PRESSLY, JR.
PATRICK C. MASSA
STEVEN A. STINSON
CARL M. MATHISON, JR.
ROBERT V. ROMANI*
MICHAEL P. WALSH
JULIEANN ALLISON
MICHAEL A. VISCOMI
CAROL McLEAN BREWER
JERALD S. BEER
JOHN G. WHITE III
MICHAEL T. KRANZ
EDWARD DOWNEY
SCOTT G. HAWKINS
AMY L. SMITH
GREGORY W. COLEMAN
LISA S. SMALL
STANLEY D. KLETT, JR.
Wednesday, June 28, 5:00 p.m.
Legal Aid Board Meeting
Bar Association Office
Thursday, June 29, 5:00 p.m.
Board of Directors Meeting
Bar Association Office
Tuesday, July 4
COURT HOLIDAY
Friday, July 14,
9:00 - 4:15 p.m.
“The Art of Jury Selection
& Persuasion” Seminar
Crowne Plaza Hotel, West
Palm Beach
Thursday, August 10, 5:30 p.m.
Fourth Annual Spelling
Bee/Cocktail Reception
President Country Club in
West Palm Beach
PRESORT STD
US POSTAGE
PAID
WEST PALM BCH FL
PERMIT NO. 1946