Contents · By Camille J. Iurillo and Gina M. Pellegrino 20 A Profile of Bryan Albers: Lawyer Turned Public Servant – By Jowita Wysocka 22 Thanks for the Memories - By Rebecca Frank

Contents

ST.PETERSBURG BAR ASSOCIATION

Editorial Policy: The Paraclete is published for the members of the St. Petersburg Bar Association. The magazine is published 10 times per year and welcomes submissions for publication. Publishing and editorial decisions are based on the editors’ judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of the magazine. From time to time the Paraclete may publish articles dealing with controversial issues. The views expressed in the Paraclete are those of the authors and not necessarily those of the editors, executive committee or officers of the St. Petersburg Bar Association. No endorsement of those views should be inferred unless specifically identif ied as the of ficial policy of the St. Petersburg Bar Association. Advertising copy is reviewed, but publication herein does not imply endorsement of any product, service or opinion ad-vertised. Advertising rate cards are available upon request by calling 727-823-7474 and may be downloaded at www.stpetebar.com. © 2007 St. Petersburg Bar Association.

St. Petersburg Bar Association

4701 Central Avenue, Suite B

St. Petersburg, FL 33713

Phone: 727.823.7474 • Fax: 727.823.8166

E-mail: [email protected]

Lawyer Referral Service: 727.821.5450

The mission of the St. Petersburg Bar Association

is to serve the legal community, to strengthen the noble calling

of the practice of law, and to foster excellence in the profession.

Executive Director

Jennifer Lake 727.823.7474

[email protected]

Editor

Gay L. Inskeep 727.582.7477

[email protected]

Associate Editor

Jowita Wysocka 727.323.4020

[email protected]

Paraclete Advertising

JoAnn Knight 727.823.7474

[email protected]

Design & Production

The Flash Group 727.230.6698

[email protected]

www.stpetebar.com Paraclete–September2008 3

Features––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––6 PublicServantsoftheSixthJudicialCircuit–ByThomasH.Minkoff

10 JudicialProfileofJudgeRayE.Ulmer,Jr.–ByBrantA.Bailery

12 GettingYourRealEstateProjectThroughGovernmentalProcesses– ByEricaK.Smith

16 ...WithAttorney-ClientandWorkProductPrivilegeforAll- ByPamelaCichon

18 TheU.S.Trustee:AnEssentialPlayerintheBankruptcyProcess- ByCamilleJ.IurilloandGinaM.Pellegrino

20 AProfileofBryanAlbers:LawyerTurnedPublicServant–ByJowitaWysocka

22 ThanksfortheMemories-ByRebeccaFrank

30 ChildPassengerSafetyRestraints:RxforYourChild'sSafety- ByHenry“Hank”N.Didier

34 JamesR.Kennedy,Jr.-OurAmbassadoronCityCouncil– ByCharlesM.Samaha

AroundtheBar––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

11 BarandCourtNews

14 BoardofGovernor'sReport-ByAndrewSassoandMurraySilverstein

14 TheWilliamS.CastagnaAwardforJudicialExcellenceandOtherAwards

15 St.PetersburgBarAssociationPublicServiceMembers

27 UpcomingSectionMeetingstobeHeldattheSt.PetersburgYachtClub

28 YoungLawyersCorner

InEveryIssue––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––4 President’sMessage

8 Rainmaking

24 ParacleteParent

26 StetsonReview

32 CommunityLawProgram

35 What’sUpandWho’sNew

36 St.PetersburgBarFoundation

38 Classifieds

Paraclete:TheSpiritofTruthSeptember2008

4 St.PetersburgBarAssociation www.stpetebar.com

President'sMessage

ByJeannineS.Williams

''Ask not what your country can do for

you; ask what you can do for your coun-

try.''

President John F. Kennedy’s call for action should resonate with each of us today. We cannot all serve in the military, but we can make a difference in our country, our state, our city, and our community.

Earlier this summer, I attended a pre-school graduation for those 4 year-olds leav-ing my daughter’s preschool. The preschool owner prepared a video of the graduates answering the age-old question, “What do you want to be when you grow up?” With the exception of one child, who answered “rich,” all of the children answered with po-sitions in public service: teachers, firefight-ers, police officers, sheriffs, etc. Even the boys who answered Spiderman and Super-man demonstrated a willingness to serve the public.

This month’s Paraclete is dedicated to those who work or volunteer in public ser-vice positions. Recently, our community had the opportunity to learn about the ev-eryday vigilance of some of our public ser-vants. When a man opened fire in the St. Petersburg Courthouse, our public servants, our bailiffs, saved the day. These are the real life superheroes in our community.

Full Disclosure – I am a public servant. As an Assistant City Attorney for the City of St. Petersburg, I have intimate knowledge of the work done by those who serve the pub-lic that goes unnoticed. I am keenly aware

of what our firefighters, police officers, sani-tation workers, parks employees and other city and county workers do on a daily basis to assure that we live in a clean, safe com-munity. I am also aware of the work of our federal and state employees who toil day in and day out to assure that our country and state operate efficiently.

I was drawn to a career in public service for a number of reasons. First and foremost, it is a way for me to give back to my com-munity, the sole reason I went to law school in the first place. I have had the opportu-nity to play a key role in shaping the laws of my community. Additionally, public ser-vice positions generally afford a recent law graduate the rare opportunity to actively participate in court hearings, important ne-gotiations, and client contact. I have prac-ticed in the areas of labor and employment, franchise negotiations, workers compensa-tion, business development, municipal or-dinance development and prosecution, tele-communications, energy law and so much more.

I do love what I do, but it is certainly not all rosy on the public service front. Re-cently, the budgets of our government enti-ties have been cut extensively. In the legal community, we will feel the effects of these cuts most profoundly in the area of court services.

What would our system of justice look like without either one of its key compo-nents: informed judges, zealous state attor-neys and public defenders, efficient judicial assistants and clerks, prepared bailiffs, and so many others? It is imperative that we, as officers of the court, remember that the time of court personnel is very precious. We should provide our judges with the impor-tant rules and case law, favorable and un-favorable, so that they may make informed decisions. We should contact judicial assis-tants as soon as we know we do not need hearing time. We must acknowledge that the courts are for the people of our commu-nity and more citizens will be served with better efficiency if we do our part as officers of the court.

The recent budget cuts have also made it clear that it is essential to have lawyers in other public service positions - legisla-tors. What might our court budget look like if more of our legislators had a better understanding of the role of the court? I applaud our legislators for dedicating the time to serve our state and understand that they have tough decisions to make. At the same time, I feel that more lawyer legislators

Ourforefatherswould

certainlybeproudof

themanylawyers,both

full-timepublicservants

andvolunteers,inpublic

servicepositions.


will provide the insight necessary so that the

legislature will realize that the courts need

more funding and need to be able to rely on

this funding annually to remain indepen-

dent as our forefathers intended.

Our forefathers would certainly be proud

of the many lawyers, both full-time pub-

lic servants and volunteers, in public ser-

vice positions. I see many of you serving

on court, city, county and state boards and

commissions. Without you, government

entities could not provide all of the services

that we currently enjoy in our community.

I encourage others to join us in making a

difference in our community through pub-

lic service.

On behalf of the St. Petersburg Bar Asso-

ciation, I thank you all, the volunteers, pub-

lic servants and others who ensure that our

executive, legislative and judicial branches

operate at the highest level of efficiency pos-

sible. Though you may not be Superman,

you are our heroines and heroes.


PublicServantsoftheSixthJudicialCircuit

edication, leadership, loyalty, as well as service to others instead of self are the

bedrock upon which strong public service is built. The drive and passion to become a public servant comes from a belief that serving others does make a difference. John Adams most notably said, “If we do not lay out ourselves in the service of mankind, whom should we serve?” Here in the Sixth Judicial Circuit we are fortunate to have a State Attorney and a Public Defender who have dedicated their lives and careers to seemingly divergent paths, yet with the same goal in mind, making a “difference” and never losing sight of those they serve.

Born in Mt. Dora, Bernie McCabe grew up in rural Lake County. In 1965, Mr. McCabe packed his high top Converse sneakers and was off to Stet-son University in Deland where he received his B.A. in 1969. He entered Stetson University College of Law that fall and graduated cum laude three years later in 1972.

After law school, Mr. McCabe joined the Pinel-las-Pasco State Attorney’s Office under James T. Russell and began working as an Assistant State Attorney, where he has spent his entire legal career dedicated to prosecuting criminals. During his 37 years as a public servant, Mr. McCabe has prosecut-ed cases from parking violations to capital murder. After rising through the prosecutor’s office from As-sistant to Division Director to Executive Assistant, Mr. Russell appointed Mr. McCabe to Chief Assis-tant in 1989. Mr. McCabe ran and was first elected Pinellas-Pasco State Attorney in 1992.

He has three full service offices located in Clear-water, New Port Richey, and Dade City and two traffic offices in north and south Pinellas County.

Mr. McCabe is most passionate when he talks about the job his office does. “Doing this job you are mak-ing a difference in the community, by making it a safer place to live,” he said. Mr. McCabe also noted, “This is not about me. This is about the job. The job is more important than the person.”

Mr. McCabe says the consistent competency of the attorneys in his office has been, in part, due to the stability in having just two state attorneys over the last forty years. Having been Mr. Russell’s Chief Assistant prior to being elected himself has afforded him the privilege of retaining good attorneys and attracting excellent new lawyers. He does say, how-ever, that the recent budget cuts are threatening to jeopardize this quality. He can’t imagine how dif-ficult it now is for those prosecutors’ offices around the state who get a new state attorney every four to eight years. “Consistency, experience, and stability are paramount to running an effective office effi-ciently,” he says.

Mr. McCabe says the worst part of running a publicly funded agency is dealing with the legisla-ture. His frustration stems from term limits which interferes with legislators having historical knowl-edge of how a state attorney’s office operates. Re-cently McCabe said, “Every term we are educating the new legislators on what we do-- they don’t know or don’t appreciate what we do. The legislators like to treat all agencies the same. Our budget is 95% people. It is not like I can put off a new road, my cuts are all people.

Of the 485 positions authorized, his office is only able to fill 435, leaving 50 vacancies this year to make budget. In order to make budget next year, he will have to leave 65 positions vacant which he

expects to do through attrition. With fewer lawyers carrying more cases, “It is really starting to hurt,” McCabe said. His people have not had a cost-of-living raise in three years. With the crime rate up, case load up, and the economy down, Mr. McCabe says he is seeing the signs of losing the quality he is so proud of. “Eventually public safety will be com-promised,” he said. Last year, Mr. McCabe’s office prosecuted over 93,000 traffic and misdemeanor cases, over 40,000 felony cases, more than 13,500 Juvenile cases, and 11,500 non-criminal civil cases.

Over the years, Mr. McCabe has served on many boards and committees focused on the judiciary, education, public safety, welfare, crime, and sub-stance abuse. He is on the board of the Greater Sun-coast YMCA, the Juvenile Welfare Board of Pinel-las County, and the Board of Overseers at Stetson University College of Law. He is an avid sports fan who along with his wife, Denise, enjoys college and professional sports. Bernie McCabe has committed to a life long career dedicated to public service.

D

BernieMcCabe


ByThomasH.Minkoff

Born in Daytona Beach, Robert H. Dillinger left Florida in 1969 for college in the Big Apple. During his first visit to his eventual Alma Mater, Columbia University, there were police on campus in riot gear. Mr. Dillinger, Class of 1973, was in college during a tumultuous time in our Nation’s history with the Kent State killings, the end of the Vietnam War, and the 1973 resignation of President Richard M. Nixon all occurring during these four years.

Determined to make a difference, Mr. Dillinger knew he wanted to be a lawyer. With his father gravely ill, his uncle offered to pay for law school so Mr. Dillinger could be closer to home and help his mother. The offer of his uncle to pay for law school enticed him to enroll at Stetson University College of Law, “Unfortunately, he thought law school was only one year,” Mr. Dillinger said. So, after his first year at law school he went to work 30 hours a week in a funeral home in Gulfport where the McDon-alds is now located.

Mr. Dillinger became hooked on the public de-fender’s office after attending a PD Clinic his last semester of law school and joined as an Assistant in 1976. As to why the public defender’s office, Mr.

Dillinger said, “I loved the clinic and I wanted to practice law where I could make a difference.”

That commitment has not waned. After six years as an Assistant, and fifteen more in private practice as a defense, personal injury, and civil rights lawyer, Mr. Dillinger returned to public service after being first elected as the Pinellas – Pasco Public Defender in 1997. This commitment manifests itself by Mr. Dillinger’s thoughts about public service and his office’s role as the public defender. “Lawyers are a privileged group and we have the duty to give back. By definition we defend the Constitution everyday and there is no better lobbyist for the less fortunate than the Pinellas-Pasco Public Defender's Office.”

The PD’s office is a 109 attorney law firm operat-ing in three courthouses that handles approximate-ly 100,000 cases a year. They are open for business seven days a week in order to cover first appearance cases.

Mr. Dillinger is most passionate when he speaks of the Jail Diversion Program for the mentally ill. Started with an initial million dollar grant through Congressman C.W. Bill Young, the program is now in its fifth year. This program, run by the PD’s of-fice, provides housing, medication, therapy, and transportation for the mentally ill. He is also proud that his office is the only public defender office in the state which represents a child in both delin-quency and dependency cases. Dillinger said, “This program has been an incredible aid to children in foster care and has particularly assisted teenage run-away girls who weren’t receiving much help.”

What he does not like about his job is the recent need to lay off ten of his staff, not fill another ten positions, and cut $1.5 million from his budget. “The budget cuts are having a significant impact on my office’s ability to protect and defend the poor,” Dillinger said, “and, it looks like it will not be better

any time soon.”

Although involved in many charities, Mr. Dill-inger is passionate about the PACE Center for Girls. With his wife of 28 years, Kay, the Dillingers have been influential in providing the opportunity, hope, and encouragement essential to PACE’s ef-forts to make a positive difference in the lives of young women. At PACE, Kay along with Judge Linda Allan and Cat Coates created “Beth’s Clos-et” in memory of the Dillingers' daughter. Beth's closet provides new and gently worn clothing to the girls at PACE. This past Valentine’s Day the first Value Me Luncheon and Fashion Show raised over $60,000, with the proceeds benefiting PACE, the Beth Dillinger Foundation and the Beth Dill-inger Scholarship Fund which is available to PACE graduates.

Mr. and Mrs. Dillinger spend what precious free time they have at their second home in Hernando County. Both bike on the Hernando Trail from their river house, she on a catbike and he on a re-cumbent bike. Mr. Dillinger also likes to bass fish on the Withalacoochee and enjoys landscaping his new river home. Bob Dillinger is a public servant making a difference.

Tommy is a graduate of Rutgers College and St. Mary's University College of Law. He was admitted to the Flor-ida Bar in 1980 and is also a member of the Texas Bar. His practice has included Corporate, Real Estate, Mari-tal, Election, Health Care and Worker's Compensation Law. Tommy was appointed in July 2007 by Governor Crist to serve on the Pinellas County Housing Author-ity for a term ending in 2011. He is the South County Council Chairman of the Juvenile Welfare Board and is the 2006 Pinellas County Pro Bono of the Year recipient for providing litigation services to domestic violence cli-ents at Gulfcoast Legal Services. Tom serves on the Execu-tive Committee of the St Petersburg Bar Association, as well as the Budget & Finance Committee, the Paraclete Editorial Committee and the Marital & Family Law Section.

BobDillinger


RainmakingByMarkPowers&ShawnMcNalis

“I’m going to be interviewed on the radio this Sat-urday,” an attorney client of ours announced at the conclusion of a recent meeting. Hearing this com-ment another attorney piped in, “How do you man-age to get so much press? Every time I turn around you’re in the paper or you’re being interviewed on the news.” He sounded agitated and several other attorneys who looked on seemed equally put out. “No one’s knocking at my door to interview me. Are you just lucky, or what?”

In this third section of our series on law firm public relations, we’ll explain that luck plays a small part, but when it comes to garnering media attention, a plan makes all the difference. With a focused ap-proach and a little persistence almost any attorney can cultivate media attention. If the information age in which we live has produced anything it is the ongoing need for more information. The 24-hour news cycle, the proliferation of cable chan-nels, radio stations and thousands of specialty print publications make up a media machine that has a voracious appetite for news, commentary and fresh perspectives on the issues of the day. Fortunately, this demand for more news presents a wealth of opportunities for those of you interested in raising your profile and becoming known for your exper-tise.

But how do you start? How do you find your way in and around the media outlets who might be in-terested in what you have to say -- if only they knew who you were? Well, not unlike the approach you must take in any aspect of client development, you must know Whom to Talk to, What to Say and How and When to Say It.

Whom to Talk to

To figure out “Whom” to talk to you must first ask yourself what types of clients you are trying to at-tract with the press you seek. Keeping that answer in mind, ask yourself where those types of clients (or referral sources – your media efforts might be

focused only on building credibility with, or at-tracting new, referral sources) tune in for their in-formation. Think about what newspapers or trade journals they read and which drive-time radio pro-grams they are likely to listen to. To identify the reporters, journalists, editors and producers associ-ated with these programs or publications look at newspaper by-lines, read the editorial staff listings or spend a little time on the program or publica-tion’s websites to locate their names. Assemble a list of these names, and then study their reporting his-tory to learn what they typically cover.

Since a great deal of work goes into creating a list like this, it’s a good idea to delegate this research to an assistant who can help you with your market-ing efforts. Once the list is done you’ve established Whom to Talk to. Now you must focus on What to Say.

What to Say

There are two main ways to go about getting your message across – either through a press release or a media advisory. The first method is to persuade a wide variety of journalists, reporters or producers that you or your firm has news worth reporting. This means that when a case, a client, a result or event that you are involved with is newsworthy, you or your team write a press release and submit it by e-mail or fax to all the different media contacts on your list for whom it is appropriate. These are the news organizations that are likely to use it on-air or in print, either as a stand-alone piece or as part of a larger story. Refer to the second part of this series on public relations for further detail on the con-tents of a press release, but basically it is a one-page summary of a story with an interesting angle writ-ten in such a way that it is of interest to the target audience and is not blatantly self-promotional.

The second way to get your message across is more personality-driven, but still often involves a written document – the media advisory. Here the goal is to

persuade reporters that you - because of your expe-rience, perspective or specific expertise - are worth interviewing. This approach is generally targeted at particular reporters and journalists with whom you build a relationship and is decidedly opportunistic because your commentary may piggy-back on an event of national interest currently in the spotlight. If, for example, a story about underage drinking or the plight of the elderly has captured the national spotlight, a hometown reporter or journalist may call upon a local attorney to provide the local per-spective.

Generally, the attorney they interview is not cho-sen at random out of the phone book, but because they’ve either cultivated a strong relationship with him or her, or they’ve been sent a media advisory. Also known as a “pitch,” a media advisory is a one page document that spells out how an individual is especially suited to comment on an issue and out-lines their particular angle or perspective. If done well it contains only those issues of interest to the audience the reporter or journalist typically serves. A hard news piece about white collar crime, for example, would be inappropriate for an arts and entertainment publication. To maximize its effec-tiveness, always match the topic of the advisory to the audiences’ interests.

How and When to Say It

There are two differences between a press release and a media advisory. The first concerns how it is tailored and the second, when it is sent.

When you write a press release, you're packag-ing ideas for reporters en masse and writing a one page memo describing an event, case, client or ac-tion with which you are associated. The success or failure of the release is not based on how well you know the intended reporter or journalist (though targeting the right publication is critical), but more on how interesting your story might be to the read-ers or viewers. Press releases are often sent in ad-

PublicRelations,Part3-CultivatingMediaExposure


vance of an event.

When you write a pitch or media advisory, you may be tailoring an idea for a single reporter and send-ing your pitch out after the news has been made. As we have mentioned, this only works if you’ve done your homework and have read the publication, or watched the show and know what kind of commen-tary they seek. You’ve researched the reporter's work and are developing some level of relationship with them. The message sent by your media advisory is, in essence, “I think you'll be interested in speaking to me because…” and you go on to state compel-ling reasons.

Here’s what’s in a media advisory: this one page document starts out with a prominent headline an-nouncing the topic and letting the reader/reporter know who the expert is and what he or she has to offer. This is followed by a short introductory para-graph. Below this, using bullet points made up of sharp, to the point sentences, the topic is expanded upon. Keep in mind the reporters and journalists who receive these media advisories are going to scan them quickly looking for the most important in-formation and an angle they think their audience might find interesting. Eliminate legalese and make it easy for them to grasp your main points.

Also make it easy for them to connect with you. At the bottom of the page make sure your contact in-formation is available at-a-glance in an easily acces-sible format. The whole point of writing an advisory is to alert reporters to the availability of you or your spokesperson, and your position on the topic, in a timely fashion.

If you’ve sent your alerts to a radio or television pro-gram and they like what you have to offer you will probably get a phone call from the editor or pro-ducer. If this happens you must be enthusiastic and engaging on the phone as this call may actually be a “pre-interview” in which your viability as a guest speaker or interview subject is being tested. If you sent your alert to a print publication and it’s a story they wish to explore further, you’ll receive a phone call or an e-mail to gather additional information.

If you don’t receive a response from your advisory, whether it was sent to a media outlet or a print publication, call to check on whether or not the information was received. Sometimes opportunities will arise in these conversations which are difficult to predict, so stay alert for productive tangents. In any case, your ability to showcase your personality and credentials plays an important role here. Even if you aren’t selected for an interview, focus on build-

ing the relationship with your contact for the next time you send an advisory. Only a small percentage of press releases and media advisories that are sent out are successful. Public relations efforts like these require dogged persistence (delegate as much of the footwork that you can to a marketing assistant), but are worth the effort it takes.

No matter how you get your message across, wheth-er you engage in extensive community relations efforts, write press releases or cultivate the press through media advisories, using public relations to build your credibility and attract new clients should be an essential part of your overall client develop-ment plan. Take advantage of the expansive reach and tremendous leverage provided by the media to propel you and your firm to new heights.

Mark Powers, President of Atticus, Inc., and Shawn McNalis, co-authored "The Making of a Rainmaker: An Ethical Approach to Marketing for Solo and Small Firm Practitioners," are featured marketing writers for Law-yers, USA and a number of other publications. To learn more about the work that Atticus does with attorneys or the Atticus Rainmakers™ program, please visit www.atti-cusonline.com or call 352-383-0490 or 888-644-0022.


JudicialProfileofJudgeRayE.Ulmer,Jr:TheLongestServingJudgeintheSixthCircuit

ByBrantA.Bailey

he longest serving judge in the Sixth Cir-cuit is Judge Ray E. Ulmer, Jr. Judge Ul-mer refers to himself on his stationery as

Ray “Gene” Ulmer. For the most part, he was edu-cated locally. He graduated from Clearwater High School, St. Petersburg Junior College and Stetson University College of Law. Ray Ulmer graduated from law school and was admitted to the Florida Bar in 1963.

His family presence in Florida dates back to the late 1800’s. His immediate family settled in Palm Harbor during the days of orange groves and go-pher holes and another part of his family settled in Largo. The Largo contingent was recognized when a very familiar Pinellas County road was named af-ter it. Ulmerton Road or 688, in some important aspects, represents the main dividing line between North Pinellas County and South Pinellas County. In addition, his father was a county court probate judge and his maternal grandfather was the Clerk of Court in 1937.

Judge Ray Ulmer’s judicial career officially began when he was appointed by then Governor Reubin O. Askew to the Circuit Court Bench in March of 1974 at the age of 34. His unofficial preparation began after graduation when he worked as an asso-ciate primarily under Bill Wightman in the Clear-water law firm of Wightman, Rowe and Tanney. He also had the privilege of working for Bill Tanney as well. Judge Ulmer says he was very fortunate to work for these two outstanding trial lawyers. When that firm split, he worked in the firm of Wightman, Rowe and Ulmer. Subsequently, he started his own firm and also worked part-time for the State Attor-ney’s Office gaining valuable trial experience as an Assistant State Attorney under Clair Davis. At that time, there were only five or six assistant state attor-neys covering Pinellas County and just a few cover-ing Pasco County. In the late sixties, when Robert Beach, Paul Roney’s partner in the firm Roney and Beach, was appointed to the bench, Paul Roney literally “scouted and recruited” the young Ray Ul-mer to take over Robert Beach’s part of the practice. Attorney Roney, who himself later became a federal judge, sat through a trial Ulmer was conducting to

determine whether Ulmer could handle himself in court. Roney must have been favorably convinced of Ulmer’s trial ability because soon Ulmer became his partner. Ulmer also practiced law with the Ul-mer, Woodworth and Jacobs’s firm. Ulmer said that he learned punctuality as a trial lawyer from Judge B. J. Driver the hard way.

Before his appointment, he had run against then attorney Elizabeth Kovachevich for judge (against Glen Woodworth’s advice) and humbly admitted that she soundly defeated him. But the fact that he ran for judge would later be a major factor in con-vincing Reubin Askew that Ray Ulmer should get the nod for a later appointed position on the court. By running for judge, Ray had demonstrated to the Governor that he wanted the judgeship more than the other two finalists. Another deciding fac-tor was that he was willing to move his home and family from Pinellas County to Dade City in Pasco County. In 1974 there were twenty (20) circuit judges in the Sixth Judicial Circuit. In 2007, there were 45 circuit court judges and 10 senior judges in the circuit. From 1974-1987, Judge Ulmer was assigned to Pasco County, serving in Dade City and New Port Richey. While in Pasco County, he heard Criminal, Civil, Domestic, Labor, Probate, Guard-

ianship and Juvenile cases. He graduated from the National Judicial College in Reno, Nevada in 1977. In addition, he served as Administrative Judge of Pasco County from 1979-1983.

He chose to return to Pinellas County in 1987 and served in the Criminal, Civil and Family Law divisions until 1993. He provided leadership in the development of the court-mandated “Children and Divorce” program and served as administrative judge of the Family Law division from 1992-1993.

Judge Ulmer served as Chief Judge of the Sixth Judicial Circuit from 1993-1995. During 1994-1996, he presided over the twelfth State-Wide Grand Jury. After his service as chief judge, he volunteered for and was assigned as the Juvenile Dependency Court Judge in Pinellas County from 1995 through 1998. Since his juvenile dependency assignment, he has presided over proceedings in the Felony, Civil, Family Law and Probate and Guard-ianship (Administrative Judge) divisions through October of 2005. Judge Ulmer says the court’s rotation of judges to different divisions better qualifies circuit court judges to be able to perform “fill-in” assignments when needed in the event other judges are not available. Judge Ulmer quickly admits he would lose sleep if he had to handle traf-fic court cases because he has no experience in that division. And finally, he has served from November 1, 2005 to present on the Unified Family Court, section UFC2, at the 49th Street Criminal Justice Center. He currently has two and one half more years to serve as a regular circuit judge due to age restrictions.

His distinguished public service record includes board membership on the Pinellas County Crimi-nal Justice Coordination Committee, the Criminal Justice Planning Council, the Juvenile Advisory Board District VI, Vice-Chair, and the Pinel-las County Data Processing Board all during his stint as chief judge between 1993-1995. He has also been a board member of the Pinellas County Family Service Center from 1996-1997 and from 1999-2003. And finally, he served on the board of the Juvenile Justice Board -District V, and the

T

Dependency Court Improvement Committee from 1997-1998.

His community service includes Rotary Interna-tional (Paul Harris Fellow) and Leadership Pinellas 1994 to present. He became a licensed Emergency Medical Tech while volunteering for work with the Dade City Fire Department

Ray Ulmer is a life long Baptist and devoted fam-ily man. He loves to hunt and enjoys water sports. He has four children and seven grandchildren. Trag-ically, his 44 year old son recently died in a hunt-ing accident. Ray and his son, among other things, participated in Japanese Karate together and Ray is a student of Japanese Karate. Also, Judge Ulmer is a licensed charter boat captain and often takes his grandchildren boating on the weekends. He and his wife presently reside in the Feather Sound area of Pinellas County. Ray Ulmer describes his family as very close and a truly “blended” family. He and Yvonne, his beautiful wife of 21 years, have four children and six grandchildren. She brought to the marriage a boy and a girl who are both adults now and Ray brought to the marriage (until his late son’s accident) two children from his first marriage. His biological daughter has two children and Yvonne’s two-a young man and a young woman-each have two children. Yvonne’s daughter has two twin girls who just turned seven and live locally. Her son (Ray refers to him as “our” son) and his family live in New Jersey.

Judge Ulmer obviously has had a wealth of expe-riences and he enjoys telling stories about the court and practicing law. Fortunately, he has two and one-half years left to serve before age limits require him to retire from regular circuit judge status. This will mean he will have served more than half his life as a circuit court judge. When he retires in a few years, the court will have lost a judge of experience, knowledge, wit and humor. But most of all the court will have lost a judge who truly loved serving the public as a circuit judge in whatever division he was assigned. A written version of Judge Ulmer’s vast “library” of legal experience would greatly ben-efit the practicing bar.

Brant Bailey has practiced in St. Petersburg since 1985. He received his J.D. from Cumberland School of Law and an L.L.M. in taxation from Washington University School of Law. Brant practices through his P.A. primar-ily in the areas of Wills, Trusts and Estates, Estate Plan-ning, and Adoption. His office address is 5503 38th Ave. North in St. Petersburg.

BarandCourtNews

SECOND DISTRICT COURT OF APPEAL INVESTITURE FOR THE HONORABLE NELLY N. KHOUZAM

The Second District Court of Appeal Judicial Investiture for The Honorable Nelly N. Khouzam will be held on:

Date/Time: Friday, September 12, 2008 - 3:00 p.m.Location: Criminal Courts Complex, Pinellas County14250 49th Street North, Courtroom 1, Clearwater

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

The St. Petersburg Association of Legal Support Specialists monthly meetings are held the first Tuesday of each month. Meetings are held at Orange Blossom Catering, The next meeting is:

Date/Time: Tuesday, September 9, 2008 – 5:45 p.m.Speaker: Debra J. Gell, Esq.Topic: To be announcedLocation: Orange Blossom Catering 220 4th Street North, St. Petersburg Reservations are required. Contact Loretta Aldridge for more information at 727-894-0676

PINELLAS COUNTY PARALEGALS

The Pinellas County Chapter of the Paralegal Association of Florida, Inc., meets on the second Monday of each month. The next meeting is:

Date/Time: Monday, September 8, 2008 - 6:15 p.m. Speaker: Ronald F. Worst, Security Expert & Fraud Examiner with American Investigative SpecialistsTopic: Criminology – The 21st Century CriminologistLocation: Holiday Inn Select 3535 Ulmerton Road, Clearwater Paralegals, student paralegals, non-members and attorneys are always welcome. For further informa-tion or to make reservations, please call Teresa Smith at: 813-344-8107 or e-mail: [email protected] no later than five days in advance of the meeting. For more information on the Pinellas Chapter visit the Paralegal Association of Florida website at www.pafinc.org.

ASSOCIATION OF LEGAL ADMINISTRATORS – SUNCOAST CHAPTER

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

Date/Time: Wednesday, September 10, 2008 – 11:45 a.m. General Membership Meeting Location: Feather Sound Country Club 2201 Feather Sound Drive, Clearwater

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

September2008



ByEricaK.Smith

t can be challenging to attempt to get a piece of property rezoned or to obtain approval for a real estate project if you do not know how

to effectively navigate the local government pro-cesses. At the April 2008 luncheon meeting of the St. Petersburg Bar Real Property Section, Attorney Jim Porter shared his experience concerning getting real estate projects approved by local governments. Mr. Porter worked for thirteen years as an Assistant County Attorney with the Hillsborough County At-torney’s Office and is board-certified by the Florida Bar in City, County, and Local Government Law. He is currently a partner at Ruden McClosky and focuses his practice on land use, zoning, and land use litigation. The following article summarizes Mr. Porter’s “Top 10 Tips for Getting Your Real Estate Project Approved by Local Government.”

1. Know your jurisdiction and the applica-ble codes. You need to first determine whether you are within the jurisdiction of the city or the county government and whether the zoning that you are advocating is currently permissible under the comprehensive plan and the zoning regulations.

2. Develop good staff contacts in the local

governments where you practice. Most local governments will provide an opportunity for a pre-application meeting to discuss the proposed project. Mr. Porter suggests that individuals take advantage of such a meeting with staff mem-bers. Staff members can be very knowledgeable about potential political issues with rezoning, neighborhood and zoning history, and the an-ticipated neighborhood response to a project. Discussing these issues with staff members can help in assessing whether to go forward with a proposed project and how difficult it will be to obtain approval for the project. Staff recom-mendations qualify as competent, substantial evidence in quasi-judicial hearings, so it is to an individual’s advantage to work cooperatively with government staff.

3. Meet with neighborhood groups early and often if necessary. It is important to meet with neighborhood groups that are interested in the proposed project and/or will be affected by the project. Some neighborhood residents may have negative preconceived notions about the project. These residents may change their minds and even support the project if the facts are presented to them in a friendly and coopera-

tive manner. Other residents may strongly disapprove of the project and are unlikely to change their minds. It is still to your advan-tage to meet with these residents, however, as local government officials do not generally look favorably upon advocates of a project who have refused to meet with local residents for discus-sion.

4. Keep the County or City Attorneys apprised and don’t surprise or embarrass them at public hearing. This is simply good form. As always, your cred-

ibility and reputation are your primary assets – do not squander them.

5. Hire good expert witnesses. A lawyer has two goals in a quasi-judicial hearing: obtain enough votes to get the project approved and create a record for a possible appeal. To create a convincing presentation and record, a law-yer should create persuasive exhibits and select knowledgeable and informative expert witness-es. For a typical zoning hearing, a lawyer may consider retaining the services of such experts as traffic engineers, noise experts, security experts, and landscape and architectural experts.

6. Be prepared to cross-examine the op-position’s expert witnesses and non-expert citizens who try to offer expert testimony. Citizen testimony can qualify as competent, substantial evidence if the testimony concerns subjects about which the citizen is expert (such as the character of the citizen’s neighborhood). When residents attempt to testify to subjects about which they do not possess expert knowl-edge, it is important to cross-examine them.

7. Be prepared to offer reasonable com-promises to neighborhood groups and the government. Staff recommendations and neighborhood goodwill can be invaluable in obtaining approval for a project and may be achieved through cooperation.

8. Remember, the process is quasi-judicial, not judicial – tactics effective in the court-room may not work at a public hearing. For example, cross-examination of citizens must be accomplished sensitively as the lawyer does not want to alienate local government officials by attacking their constituents. In Mr. Porter’s ex-perience, it may be most effective to have two lawyers at the quasi-judicial hearing – one law-yer to present evidence and one lawyer to cross-examine witnesses.

I

GettingYourRealEstateProjectThroughGovernmentalProcesses


9. Remember that you are not dealing with judges, but with elected officials, who have to be responsive to their constituents. It can be more difficult for elected officials to be impartial, especially if the proposed project directly conflicts with an agenda on which they campaigned, such as limited growth or limited waterfront development. If an elected official is

particularly vociferous in his or her disapproval of the project, an attorney can request that the official be recused from hearing the zoning re-quest.

10. Wear a good looking suit and smile; you can bet your friends will see you on gov-ernment access TV.

Erica K. Smith is a graduate of The College of William and Mary and Stetson University College of Law. She is an associate with James W. Martin, P.A.


TheWilliamS.CastagnaAwardforJudicialExcellenceandOtherAwardsThe Barney Masterson Inn of Court an-nounced that Judge Robert J. Morris, Jr. is the 2008-2009 recipient of the William S. Castagna Award for Judicial Excellence. Judge Morris is Chief Judge of Florida's 6th Judicial Circuit, which includes Pinellas and Pasco Counties.

The William Castagna Award for Judicial Excellence is awarded annually to a sitting member of the Pinellas County judiciary who displays the highest standards of judi-cial excellence in knowledge of the law, eth-ics, civility, professionalism and demeanor.

Other award recipients announced at the year-end banquet were:

Ky M. Koch, Esq. of Clearwater, Florida, who was awarded the Richard T. Earle,

Jr. Professionalism Award. This award is awarded annually to the lawyer who dem-onstrates the highest degree of profession-alism in the practice of law. The judiciary of Pinellas County selects the recipient by popular vote.

Kenneth C. Deacon, Jr., Esq. of St. Peters-burg, Florida, who was awarded "The Bar-ney." The Barney is awarded annually to the lawyer who demonstrates the highest degree of professionalism, ethics, civility, and legal excellence in the practice of law.

Zack Zuroweste, Esq., who was awarded "The Rock." The Rock is presented annual-ly by the Barney Masterson Inn of Court to a lawyer with less than five years in practice who has provided exceptional service to the community. The award is named in honor

of Judge Thomas E. Penick, Jr.,

who was one of the four founders of the Barney Masterson Inn of Court and who believed strongly in a lawyer's duty to pro-vide service to the community.

The Barney Masterson Inn of Court is a member of the American Inns of Court. The Masterson Inn is located in St. Peters-burg/Clearwater Florida and serves Florida's Sixth Judicial Circuit and the Second Dis-trict Court of Appeals, as well as the United States District Court, Middle District of Florida, Tampa Division.

Information regarding the Masterson Inn of Court may be found on the web at www.innsofcourt.org/inns/barney, and information on the American Inns of Court may be found at www.innsofcourt.org.

BoardofGovernor’sReportSubmittedbyAndrewSassoandMurraySilverstein

At its July 25 meeting in Clearwater, The Florida Bar Board of Governors:

• Approved Proposed Advisory Opinion 07-02 on outsourcing of paralegal work to a foreign country. The opinion holds that such work can be sent overseas, although the attorney may need to take extra precau-tions to protect sensitive information and may need to inform the client. The board approved adding language suggested by the Board Review Committee on Professional Ethics which says the lawyer must also be sensitive to the possible disclosure of con-fidential information obtained from others, including an opposing party, and whether such disclosure may be regulated by appli-cable law, when outsourcing. Also, BRCPE Chair Steve Chaykin said the issue will be referred to another committee to compre-hensively review use of third parties outside of a law firm to assist in the provision of legal services, whether inside or outside the U.S.

• Approved a motion directing the Bar's representatives to the ABA's House of Dele-gates to support a resolution to amend ABA Model Rule 1.10 (Imputation of Conflicts) to allow screening to handle conflicts when a lawyer from one firm is hired by another.

• Heard a report from Legislation Commit-tee Chair Greg Coleman that Chief Justice Peggy Quince is setting up a special task force in cooperation with the Governors’ office to work on funding for the court sys-tem, and that Bar President Jay White will be a member. He encouraged board mem-bers to think about ways to get more money for funding of the courts and related agen-cies, and warned the courts, public defend-ers, and state attorneys may soon not have enough money to handle all criminal cases.

• Approved two rule changes on provid-ing legal services following a disaster. One would allow out-of-state attorneys to pro-vide pro bono services through a legal aid

agency to Florida residents after a disaster and allow out-of-state attorneys to set up a temporary office in Florida to serve their clients when a Katrina-type disaster has hit their home state. The other amends the MJP rule to allow the activity.

• Approved amendments to Florida Supreme Court approved residential lease forms as simplified forms for use by non-lawyers. The amendments included reducing the number of forms from four to two.

• Endorsed the three-year cycle amendments for the Juvenile Procedure Rules, including a change that provides that children in de-linquency proceedings will not be shackled unless there is a reason.

• Endorsed two out-of-cycle amendments for the Rules of Criminal Procedure, in-cluding one that requires that a defendant be represented and that a prosecutor attend all first appearance hearings. The second al-lows a successor judge to do the sentencing


St.PetersburgBarAssociation

PublicServiceMembers

Member Position Entity Length of Service

KennethJ.Afienko PartTimePoliceOfficer KennethCity 10YearsVioletAssaid Asst.PublicDefender 6thJudicialCircuit 19yearsJenaBlair SupervisingAttorney FamilyLawUnit 8yearsWilliamH.Burgess,III AssistantStateAttorney 12yearsSherwood“Flip”Coleman Assoc.GeneralCounsel PinellasCo.Sheriff ’sOfficeBobDillinger PublicDefender 6thJudicialCircuit 11yearsJamieB.Eagan AssociateGeneralCounsel PinellasCty.Sheriff ’sOffice 15yearsRobertM.Eschenfelder Commissioner St.Petersburg 6years BoardofAdjustments PinellasPark 5years Asst.CtyAttorney ManateeCty 8years HearingOfficer St.Petersburg 7years SpecialMaster PinellasCounty 2years Asst.CityAttorney St.Petersburg 6yearsShahtiaGay-Hairston,Esq. AssistantPublicDefender 6thJudicialCircuit 2yearsRobertGualtieri GeneralCounsel PinellasCtySheriff ’sOfficeChrisGuelle LaborRelationsOffices CityGovernment 2yearsHon.LaurenHafner JudgeofComp.Claims StateofFlorida 13YearsChristopherJ.Hammonds AssistantPublicAttorney 1.5yearsRobbynW.Howie Asst.PublicDefender FelonyCriminalDivision 6YearsGayInskeep TrialCourtAdministrator Courts 21yearsShannonR.Kennedy Assoc.GeneralCounsel PinellasCo.Sheriff ’sOfficeH.BethLastinger Assoc.GeneralCounsel PinellasCo.Sherrif ’sOfficeGavinMagaziner AssistantPublicDefender 6thJudicialCircuit 2.5yearsNoraT.McClure Sr.Asst.PublicDefender 6thJudicialCircuit 27yearsJenniferM.Moore DeputyGeneralCounsel PinellasCo.Sheriff ’sOfficeCharlesM.Samaha HearingOfficer CityofSt.Pete 7years JuvenileArbitrator CountyofPinellas 5.5yearsKristaSartore PresidentialManagementFellow FederalGovernment 4.5yearsLoisA.Sears GuardianadLitemProgram 6thJudicialCircuit 7yearsJudithSt.Clair Asst.PublicDefender 6thJudicialCircuit 1yearJeannineWilliams AssistantCityAttorney CityofSt.Pete 8yearsMarkA.Winn ChiefAsst.CityAttorney CityofSt.Pete 21yearsJohnC.Wolfe CityAttorney CityofSt.Pete 33yearsRitaL.Young StateMediator DeptofAdmin.Hearings 24yearsJustinR.Zinzow Commissioner JNC6thCircuit 1year

**ThislistincludesSPBAmemberswhohaveheldorwhoholdapositionwithagovernmententity,butdoesnotincludeelectedofficials.ItiscomprisedofSt.PeteBarmemberswhorespondedtoarecentsurveyofourmembershipregardinginvolvementinpublicservice.

in a criminal case.

• Approved a motion to waive the Stand-ing Board Policy that requires that all public reprimands be delivered by the Bar presi-dent before the Board of Governors. The Disciplinary Procedure Committee will re-visit the issue, and committee Chair Mur-ray Silverstein said the board could have as many as 14 to 18 reprimands at most meetings. The motion applies only to future

court orders, not those already approved by the Supreme Court.

• Approved several new Members Benefits products, including ADP payroll services, Staples office supplies, BPC Financial for workers' compensation and pet insurance, and TheBillableHouse.com for law-related books, games, and gifts.

• Discussed, pursuant to inquiries from Bar members, lawyers’ liability for clients' funds

held in trust accounts if the bank hold-ing the account collapses. Board members heard that the FDIC will guarantee each client's deposit in a trust account up to the $100,000 maximum, reduced, however, by the amount of any other account a client has independently at that bank. Also, case law indicates lawyers are not liable for losses over the $100,000 maximum. Board mem-bers and Bar staff are continuing to discuss the issue.


...WithAttorney-ClientandWorkProductPrivilegeforAll

ByPamelaCichon

ontrary to the incessant advertising by a certain law firm, few private sec-

tor lawyers actually provide representation “for the People.” The interests of the People as a whole are usually represented by city, county, state or federal government attorneys. When the government is a litigant, it is “the People,” you, I, our families and neighbors who are the real parties in litigation, and our tax dollars are paying for that legal representa-tion, the discovery, and the expert witnesses. Justice should demand that such representation come with the same protections and privileges afforded the op-posing party. Unfortunately, we the People are not provided a fair and level playing field under current Florida law.

An excellent overview of this problem titled, “Restoring the Attorney-Client and Work Product Privileges for Government Entities” by Marion J. Radson, City Attorney of Gainesville, can be found in the January 2008 issue of The Florida Bar Journal, p.34. The article points out that the client of pri-vate counsel has the advantage of being able to fully

disclose all relevant facts to his lawyer, thus enabling his counsel to formulate sound legal advice. It is the attorney-client privilege which gives the client the confidence to be forthcoming with his lawyer, and it is the work product privilege that gives the lawyer the confidence to take notes, gather information, and provide her client with a complete opinion and in writing. However, the “confusion and uncer-tainly about the very existence of the attorney-client privilege in the public sector in Florida. . . hampers full disclosure and discussion between the [govern-ment] attorney” and his client. “It is unrealistic to expect anyone to disclose relevant facts” or even to “seek legal advice in televised and recorded meet-ings that are open and available to. . . opponents.” (Radson article, with permission.)

Although the Florida Sunshine Law does not specifically mention attorney-client privilege, the Florida Supreme Court held in 1985 that the privilege was waived by the Florida Legislature by implication.1 The Florida Supreme Court’s rejec-tion of an independent basis for the attorney-client privilege for government places it in the minority of state high courts. Thus, the Florida Legislature cre-ated the “shade session” which allows a government lawyer to meet in a private session with a board or commission for a limited discussion of “settlement negotiations, or strategy sessions related to litiga-tion expenditures.” There is also a limitation on who may attend the session, thereby reducing the quality of any discussion. It is required that these sessions be transcribed by a court reporter and that the record be made public after conclusion of the litigation. How effective would you be in your ad-vice to and representation of your clients if your fact

work product was available at all times to your op-posing counsel (and the public) and your opinion work product was going to be available for all to read once the litigation was concluded?

By rendering the shade session transcripts public, current and future litigants in other similar lawsuits can use the information to their own advantage by educating themselves on the government’s lawyer’s strategies. Particularly egregious, though allowed by the current law, is the plaintiff who dismisses his case, obtains a copy of the session transcript, and then refiles the case utilizing the information ob-tained in the attorney-client session. “The result is that elected officials do not obtain the type of legal advice that is essential to good government and its citizens.” (Radson) The Massachusetts Supreme Court recently recognized that public records laws did not erase the attorney-client privilege of public entities, without which the public’s strong interest in the fair and effective administration of justice would be impeded.2

Confidentiality of attorney work product pro-tects clients by ensuring effective trial preparation and by immunizing certain information from dis-covery.3 But Florida’s public records laws take that protection away from its citizens. Florida’s laws are fundamentally different from those applied to the Federal government, so Federal government attorneys properly refuse to share documents with Florida government lawyers even when their clients’ interests are closely aligned due to the widely dif-fering levels of protection available to Federal and Florida agencies. The waste of resources resulting is obvious.

C

1 New v. Miami Herald Publishing Company, 462 So.2d 821 (Fla. 1985).

2 Suffolk Construction Co., Inc. v Division of Capital Asset Management, 570 N.E. 2d 33 (Mass. 2007).

3 Hickman v Taylor, 329 U.S. 495, 510 (1947) (preventing unwarranted inquiries into attorney’s files during discovery).


The Florida Bar has responded to this impedi-ment to the administration of justice by creating an Attorney-Client Privilege Task Force. The task force, recognizing the erosion of the attorney-cli-ent privilege and work product protection in the public sector, created a Public Sector Subcommittee to study the issues. The task force voted at the June Bar Convention to recommend a rewrite of state laws that inhibit government lawyers’ communica-tion with their clients. It unanimously adopted the subcommittee’s report which included a proposed bill. This will be provided to the Bar Sections for comment and then sent to the Board of Gover-nors.

Summary of the draft bill: The proposed bill expands the work product exemption to include fact workproduct. It eliminates the termination of the exemption for work product at the conclusion of the litigation. In response to comments, the bill limits fact work product to information prepared by the attorney for specific civil, criminal or adver-sarial proceedings. The current law does not allow for a confidential attorney-client session between a government lawyer or a private lawyer retained by

the government and the governing body of a public agency. The current law only permits a chief execu-tive officer to be present with the governing body and the government attorney, and the transcript of the session is made public at the conclusion of the litigation. The proposed bill would allow additional necessary persons to attend attorney-client sessions, and allow the substantive discussions to include any anticipated or pending litigation of a public agency. In response to comments, the proposed bill retains the requirements that the session be transcribed, but then sealed unless opened by court order. Ad-ditionally, in response to comments, the bill clari-fies that any final agency action, as a result of the attorney-client session, must be made in an open public meeting.

The Florida Association of Builders and the Flor-ida Chamber of Commerce have opposed it. The Florida Bar Government Lawyer Section supports it, and in their opinion, the fact that government lawyers need privileges restored demonstrates that an injustice has already been done to their gov-ernment agency clients. The Section believes that protection of taxpayer dollars depends on effective

defense and sound litigation planning. Even if the Task Force’s recommendations are adopted in their entirety, the resulting privileges afforded to govern-ment lawyers would still be far less than those cur-rently available to, and insisted upon by, the private sector. In opposition to the Task Force’s efforts, a St. Pete Times (Feb. 8, 2008) editorial argued that “the people have a right to know how things are be-ing litigated in their name.” Because of the current laws, the answer is likely, “Not as well as they could be.” The individuals benefiting from the forced disclosure of confidential communications gener-ally do not have the public interest in mind. At the core of this dispute is the question of whether gov-ernmental entities, when being subjected to judi-cial review, should have the same procedural rights as the parties engaged in litigation against them.

Pam is a Sr. Assistant City Attorney for the City of St. Petersburg and charter member and a past chair of the Florida Bar Government Lawyer Section

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TheU.S.Trustee:AnEssentialPlayerintheBankruptcyProcess

ByCamilleJ.IurilloandGinaM.Pellegrino

n keeping with the theme of this month’s Paraclete, public service and the role of

government attorneys, we wanted to share some insight into the specific role of the United States Trustee (“UST”) and discuss how that position plays an integral part in the successful comple-tion of a bankruptcy case. This article will brief-ly discuss the intended purpose of the UST’s role in a bankruptcy case as well as the UST’s typical responsibilities. This article is not intended to be an exclusive list, but merely illustrative of the variety of functions performed by the UST.

First and foremost, the United States Trustee Program (“Program”), created by the Bankrupt-cy Reform Act of 1978 and headquartered in Washington, D.C., is a component of the United States Department of Justice. The purpose of the Program is to ensure the integrity and efficiency of the bankruptcy system in the United States by enforcing federal bankruptcy laws, monitor-ing the conduct of parties to bankruptcy cases, and identifying and/or investigating bankruptcy fraud and abuse along with other federal agen-cies, such as the Federal Bureau of Investigation.

One of the responsibilities of the UST is ap-pointing and supervising private trustees for

Chapter 7 and Chapter 13 bankruptcy cases as well as appointing and convening creditors’ committees in Chapter 11 business reorganiza-tion cases. The UST has the legal authority to appear in each and every bankruptcy case filed in the United States.

The Chapter 11 Trustee is usually most ac-tive in Chapter 11 business reorganization cases. Unlike Chapter 7 and Chapter 13 cases, the UST conducts the 341 Meeting of Creditors in a Chapter 11 business reorganization case. This is the meeting where the UST questions debtors about their assets, liabilities and ability to reor-ganize. Creditors also have an opportunity at that meeting to inquire on the same subjects. In addition, in larger Chapter 11 cases, the UST will appoint and convene creditors’ committees, such as unsecured creditors’ committees, whose purpose is to look out for the best interest of all unsecured creditors as a whole. Moreover, the UST appears in the Chapter 11 case to assure that the debtor is moving the case forward and truly has the ability to reorganize.

Another responsibility of the UST is to iden-tify and address potential fraud and abuse of the bankruptcy system by debtors, creditors and at-

torneys.

When such a finding occurs, the UST will initiate either a formal or an informal civil ac-tion; however, if applicable, the UST will make a criminal referral to the U.S. Attorney’s office for criminal prosecution as the UST deems neces-sary.

In conclusion, the role played by the UST is vital in order for the federal bankruptcy process to maintain efficiency, function properly and serve the purpose for which it was created.

Iurillo & Associates, P.A., located in downtown St. Petersburg, is comprised of Camille J. Iurillo, Share-holder, Gina M. Pellegrino, Associate, and Sabrina C. Beavens, as Of Counsel. Ms. Iurillo has been active in the St. Petersburg Bar Association for several years, and she is on the Executive Committee of The Florida Bar’s General Practice Solo and Small Law Firm Sec-tion. Ms. Pellegrino joined the Firm in 2006 and is an active member of the St. Petersburg Bar Associa-tion Young Lawyers Section.

The primary areas of practice of Iurillo & Associates, P.A. are Commercial and Bankruptcy Litigation and Debtors’/Creditors’ Rights.

I


ne of the most wonderful aspects of the St. Petersburg legal com-munity is its strong commitment

to public service. Public service is defined as “employment within a governmental sys-tem, especially within the civil service,” or “a service performed for the benefit of the public . . . .” 1 This month’s issue offers an opportunity to recognize some of the many civil servants in our bar.

I met Bryan Albers last year when he agreed to volunteer for Lawyers for Lit-eracy. He tutored a third grade student from North Shore Elementary, a Title I school, at Great Explorations—The Houghton-Wagman Children's Museum. During my visits to the museum’s after-school sessions, I noticed Bryan’s remark-able ability to persuade his student to pay attention to his vocabulary and reading exercises, even at the end of a long day.

Approximately a month later, I saw Bryan at Community Law Program’s an-nual meeting in April, during which he received the Larry Hyman Award for dis-tinguished service in a legal clinic. At that time, I learned of Bryan’s plan to transi-tion from the law to teaching English at a public high school in Pinellas County. As I learned more about Bryan’s law practice and ongoing community involvement, his full-time career shift to public service seemed to be a natural progression.

Bryan is a St. Petersburg native who at-tended Canterbury School through twelfth grade. A double Gator, he graduated from University of Florida with a B.S. in Journal-ism and earned his J.D. there in 1993.

He has practiced probate and guardian-ship law at his own firm since 1995. Bryan also handled numerous pro bono cases on

his own, and he spent six years working with mentally challenged clients for the Professional Legal Guardianship Associa-tion. In addition, Bryan has volunteered at Community Law Program’s housing clinic since 1995.

Bryan opted to teach high school stu-

dents following his experience as a tutor. He reasoned that if he could work with a rambunctious eight-year-old, he could han-dle teenagers.

In Florida, the process of training to be-come a public school teacher as a second (or third) career for professionals in the private sector is relatively straightforward. In 1998, the state began allowing people-without degrees in education to teach in the public schools and obtain a state teach-

ing certificate through an alternative cer-tification process, rather than requiring a four-year degree in education followed by a one-year internship. The new policy per-mitting alternative certification was created in response to the need for more educators in the state. Each school district has its own training program; the one in Pinellas County is called the Transition to Teaching program.

Since the state first began allowing fast-track certification programs for private sec-tor professionals-turned-public educators a decade ago, hundreds of local lawyers, doctors, executives, accountants, and oth-ers have relinquished higher salaries for the opportunity to teach.

For Bryan Albers, “teaching is a part of me.” His previous teaching experience includes speaking at numerous seminars for the St. Petersburg and other bar asso-ciations as well as the National Business Institute. Although practicing law often involves educating clients about the law and explaining case strategies, “I got to the point where I was not being fulfilled as a lawyer,” Bryan remarked.

Since March, he has served as a substi-tute English teacher at Dixie Hollins High School, and he plans to begin a full-time position in the fall.

Jowita Wysocka is admitted to practice law in Massachusetts and New York. She currently serves as Director of Client Relations at The Fleming Law Group and as Executive Director of Lawyers for Literacy. Jowita is also Vice Presi-dent of the Community Law Program’s Board of Trustees. She may be reached at (727) 323-4020 or [email protected].


AProfileofBryanAlbers:LawyerTurnedPublicServant

OByJowitaWysocka

1 The American Heritage® Dictionary of the English Language. (4th ed. 2004), at http://dictionary.reference.com/browse/public service.


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ThanksfortheMemories

ByRebeccaFrank

I t’s the first rung on the ladder of jus-tice – the law library. Access to the law is every citizen’s fundamental

right. And come they did.

One patron wanted to know how to stop the black helicopters that always followed him around. Another asked for the stat-ute of limitations for marriage. More than one patron pulled out sweaty legal papers from their brassieres and handed them to me. How many times did I hear, “But I’m not asking you for legal advice, I only want to know what you think?” There were those who fancied themselves as queens, princesses, the President, and a defrocked judge wanting his back pay. One woman pulled up her shirt so that I could witness the scratches inflicted by the Department of Corrections during a search. Customers reminded me years later how I had helped them find something in that red book, or that green book. A man rushed up to me in a department store so that he could up-date me about his case. There were a few I hoped to see alive again because their stories sounded so desperate.

Of course, there is another set of stories: about the patron who successfully chal-lenged her eviction notice; the mother who found the new law that would impact her daughter’s high school education; and the man who studied employment discrimina-tion day after day, sued an employer on be-half of 150 injured workers, and after two years of negotiation, reached a settlement. Overall, patrons gave me the opportunity to delight in the variations of the human thought processes. In my experience, I can think of only a handful of instances when a customer walked out without thanking me.

I can honestly say that there was never a dull day. It was the parade of humanity that made my career fun and interesting, and yet motivated me to advocate for justice. After all, my profession is guided by the follow-ing principle: the ready availability of legal information is a necessary requirement for a just and democratic society.

While I don’t have wild stories to tell about the St. Petersburg legal community, my predecessor, Martha Otting, passed on her recollections from the wilder, less politi-cally correct days in the courthouse. None-theless, I can’t print them here.

I became acquainted with the St. Peters-burg legal community when you were law students, law clerks, judicial interns, Bar applicants, when we worked shoulder to shoulder digging through old codes on the quest for a needle in the haystack, and by serving on committees with you.

My years of service as a citizen representa-tive on various Bar committees inspired a

commitment to improving the administra-tion of justice. I recognize from my Griev-ance Committee experiences that lawyer regulation is one of the most important aspects of The Florida Bar. It has a tremen-dous impact on the public’s perception of the legal profession. The reality is that only a small subset of public figures and pro-fessionals tarnish the legal system’s image. Nonetheless, society is damaged and public trust and confidence in the legal system is eroded. Unfortunately, these mispercep-tions also contribute to the undermining of judicial independence. Based on my experi-ence on the Judicial Nominating Commis-sion, I became aware of the importance of an independent judiciary. Only through the existence and exercise of judicial inde-pendence can we provide fair and impartial courts for our citizens. Through my service on Unlicensed Practice of Law committees, I observed how many of our most vulner-able citizens are victimized by unlicensed individuals practicing law. As a non-lawyer serving on The Florida Bar Citizens Forum, I enjoyed the opportunity to make a mean-ingful contribution to furthering public education about the important role lawyers play in our American democracy.

Now, as I pursue other career goals, I want you to know that I’m grateful for your friendship and wish you the best in your work!

Rebecca Frank, former Director of Pinellas County Law Libraries, is currently Program Di-rector in library administration at St. Petersburg College. Her experience also includes providing law library services in area law firms and at Stetson College of Law.

Rebecca Frank receives a plaque from Bill Schneikart on behalf of the St. Pete Bar at the

2008 Installation Reception.”


ypically, I use this space for my mus-ings about raising my children. I try to make my columns about the fun and foibles of my own family, and I try to avoid being judg-mental of other parents. I might take a bit of poetic license now and then to make my stories more readable. In general, I try to avoid serious or controversial subjects. My column’s usual purpose is to provide a non-substantive, non-offensive piece as a change of pace for readers of the Paraclete. Today will be different! Today I am using this space as a sounding board for one of my pet peeves. Today I will not avoid controversy, even if it ends up offending some readers. Today I speak out against those of you who still re-fuse to put your children in car seats. Un-fortunately, there are still a few of you out there and I hope you will take a moment to consider the words to follow.

First of all, most readers of the Paraclete are either lawyers, or affiliated with lawyers in some way, either by blood, marriage, or em-ployment. So let’s start with the law. Florida Statutes, Chapter 316 addresses “State Uni-form Traffic Control” as it applies to mo-tor vehicles. The particular provision on car seats, a.k.a. child restraint devices, is found at Section 316.613, Florida Statutes, and says, in pertinent part:

(1)(a) Every operator of a motor vehicle as defined herein, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age

or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device. For children aged through 3 years, such restraint device must be a separate carri-er or a vehicle manufacturer's integrated child seat. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a seat belt may be used.

Remember the case in law school, where a learned court determined that “shall” meant “may?” Well, forget about it. It doesn’t apply here. Shall means shall. It’s simple; if you are transporting a child under the age of 5, you MUST have the child properly and safely restrained.

For some reason, there still seem to be some parents who don’t know the law, don’t think it applies to them, or are otherwise ignorant. I can’t tell you how many times I have seen small children, including babies and toddlers, sitting in the lap of an adult in the front seat of a car. No car seat, not even a seat belt. In my own neighborhood, I have seen a young child sitting on her parent’s lap while the parent was driving!

My concern over this issue is not new. It reached its height about twenty-five years ago, before I had children of my own. When I was in college, I worked in a group home in Lutz, Florida. This was a place for chil-dren from birth to eighteen, who were se-verely physically, emotionally, and mentally disabled. There were ten children living in

the home, with various dis-abilities. The children in the Lutz home were so dis-abled that they needed pretty much around the clock care,

which was too overwhelming for their fami-lies to provide. On my first day on the job, my co-workers decided to test my mettle. They assigned me to assist a young man whom I’ll call Brian (not his real name). Brian was le-gally blind. He could not walk but instead scooted around the house cross-legged. He could not talk but instead grunted a bit to communicate emotion or physical discom-fort (hot, cold, hungry, angry, sad, etc.). Bri-an needed help washing his hair. I squirted some shampoo on his head, and began lath-ering up some suds. Suddenly, four fingers of my hand disappeared into his skull. When I let out an audible gasp, I could hear my co-workers snickering in the other room. Later, they told me Brian’s story. Brian was born a normal, healthy little boy eighteen years earlier. When he was a toddler, his parents were in a serious car crash. Brian, who was lying down on the front seat, unrestrained, flew through the windshield. He suffered se-vere brain damage, which caused his physi-cal disabilities and took away his ability to speak. He also lost a section of his skull. If you pressed on a certain spot, as I found out, you could practically stick your fingers in his head.

I would later meet other children who had been born normal and healthy, but had suf-fered the same fate as Brian. And I do not


ByGayL.Inskeep

T

use the word “suffered” lightly. Besides being robbed of the ability to walk, run, and play, these children suffered a great deal, both physically, mentally, and emotionally. The staff and I at a second group home at which I worked would frequently find one child, whom I’ll call Vincent (again, not his real name) in the middle of the night, sitting on his bed, covered in his own feces. He would smear it on the walls, paint it on his body, stuff it in his nose, and pack it in his ears. When we cleaned him off, he would simply sway back and forth, never expressing any acknowledgement or emotion whatsoever. He lived, no, existed, in his own unusual world. He was born "normal", but as an in-fant went through a car windshield. I know I am being graphic here, but I am trying to make a point.

Brian’s parents, and others like him, prob-ably didn’t know better. When I was a child, I don’t remember having seatbelts, let alone car seats in any of my parents’ cars. In fact, my brother and I used to beg to ride in the cargo area of our family’s station wagon, the spot usually reserved for groceries. The dif-ference with today’s parents is that now we know. We have no excuse not to take a few extra minutes to properly restrain our chil-dren. No excuse. Don’t tell me that your child loves to ride on your lap, or that you only do it in your neighborhood, or that your child is “big enough” to forego a car seat, or that they’ll cry the whole car trip if you make them sit in their car seat. Listening to them scream or cry for a few minutes is worth a potential lost life, or lost quality of life. We cannot protect our children from every thing in this world that might harm them, but for goodness sake, let’s try to do the small things that we know we can do to help keep them safe. It’s the law, but if that isn’t enough for you, please think of Brian and Vincent the next time you put your child in your car.

This article was originally printed in the Sep-tember 2004 Paraclete; it was updated and reprinted in this issue in recognition of the National Highway Traffic Safety Administra-tion (NHTSA) Child Passenger Safety (CPS) Awareness Week, which is September 21st -27th.

Gay Inskeep is the Trial Courts Administrator for the Sixth Judicial Circuit.


Divorce

Custody

Department of Revenue (DOR) Child Support

Domestic Violence Injunctions

Out-of-State Child Support/Custody

Military Law

Referrals are always appreciated.

As our law firm continues to expand, we have relocated to a new facility that will enable us to continue to bring excellent service to our clients.


ByDarbyDickerson

n important part of the College of Law’s Mission Statement is to train students “to become outstanding

lawyers and leaders who serve the profession and society.” I’m proud to say that many of our students have accepted this challenge and have already made great strides to be-come future leaders in both the legal profes-sion and greater community.

Four years ago, the College of Law cre-ated the Leadership Development Program. As part of this voluntary program, students attend a variety of programs to supple-ment their mastery of legal doctrine and skills. Some recent sessions have included “Managing Staff and Being Managed,” “Ap-preciating Diversity in the Workplace,” and “Effective Personal Life/Professional Life Balance.” Past programs also have focused on conflict resolution in the workplace, net-working skills, dining etiquette, and profes-sionalism in the courtroom. To date, al-most 200 graduates have earned Leadership Development Certificates, and the number of students who opt to participate in the program increases each year.

This past summer, we piloted a new pro-gram that we hope to soon include as part of each student’s law-school experience. The Summer Professionalism Series is based on the American Inns of Court Model: stu-dents in a particular entering class are di-vided into small groups and are assigned both a faculty member and upper-level stu-dent as mentors. Each week, the students and their mentors meet during lunch, and one group is responsible for presenting the program and leading a discussion on the assigned topic. This summer’s topics in-cluded “Classroom Civility and Etiquette,” “Conflict Resolution,” “Communication,” “Diversity,” “Interviewing Skills,” and “Pro-fessional Reputation.” The students gained wonderful insights, strengthened their col-

laborative skills, and honed leadership skills as part of this unique program.

For the past 15 years, Stetson students have also been leaders in the American Bar Association’s Law Student Division. Among other accomplishments, Stetson — due to the students’ strong commitment — has won the ABA Law Student Division’s Award of Excellence on multiple occasions. Recent alumni who have held ABA leader-ship positions have inspired others to follow in their footsteps.

Louis Brown III serves as 5th Circuit Governor in the ABA Law Student Divi-sion. He follows in the footsteps of many other Stetson Circuit Governors. The 5th Circuit, with more than 4,500 students, is the largest circuit in the Law Student Di-vision and includes all law schools in Ala-bama, Florida, Georgia, Mississippi, Puerto Rico, and Tennessee. In addition, Stetson students Lisa Only and Evan Raymond serve as Lieutenant Governors for the cir-cuit.

At the national level, several Stetson stu-dents have been appointed as liaisons to other ABA groups: Chris Hart, ABA Stand-ing Committee on Judicial Independence; Korey Henson, Senior Lawyers Division; Vilma Martinez, Standing Committee on Legal Assistance for Military Personnel; Shanda Moyers - ABA Law Student Divi-sion, Liaison for Commission on Homeless-ness and Poverty; and Karla Reyes, Criminal Justice Section – Sentencing Committee. Shanda, who also serves as Stetson’s repre-sentative to the ABA Law Student Division, was selected through a competitive process to work on homelessness issues this summer as an unpaid intern with the ABA’s Com-mission on Homelessness and Poverty in Washington, D.C. Through our new Sum-mer Law and Policy Internship Program in

Washington, we are able to award Shanda academic credit for her good work.

Finally, rising 3L Chris Sprowls has been elected Chair of the American Bar Associa-tion Law Student Division. When Chris assumes office in August, he will be the primary spokesman for the 52,000+ mem-bers of the ABA Law Student Division. For Chris, this position is the latest in a long list of impressive accomplishments. In recent year, Chris has served as a Legal Intern for the Chief Republican Counsel at Commit-tee on Homeland Security, a Legislative In-tern in the Florida Senate, and he has held leadership positions in many statewide po-litical campaigns.

Our students also shine in other realms. For example, 2L student Bradley Bodiford has been selected as one of Florida Gover-nor Charlie Crist’s 11 Gubernatorial Fel-lows. Jay Delaney is an award-winning movie producer; his recent Not Your Typical Bigfoot Movie has been featured at national film festivals, including one in Sarasota. And May 2008 graduate Callie Weed has been selected to receive the Student Profes-sionalism Service Award from The Florida Bar’s Center for Professionalism.

The wonderful thing that is our students’ desire to serve continues well after gradu-ation. For a school of our size, we have a large number of alumni who have served as leaders of bar associations and other profes-sional organizations, held elective and ap-pointed public office, served as managing directors and officers of their law firms, and sat on the boards of various civic orga-nizations. The students highlighted above are well on their way to doing the same.

Darby Dickerson is Vice President and Dean at Stetson University College of Law.

AStetsonStudentsasLeaders


The St. Petersburg

Bar Association

thanks our member,

William H. Walker,

for his assistance

with bar meetings

held at the

St. Pete Yacht Club!

n following with this issue's theme, I am pleased to share with the bar two public service projects the St. Pete Bar

YLS participated in this summer.

Holidays in July: This year, YLS’ signa-ture event -- Holidays in July -- was held on July 26, 2006 at Sunshine Lanes Bowling Alley. Due to the spectacular efforts of first time co-chairs Jason Moyer (Fowler White Boggs Banker) and Cynthia Cholmonde-ley (Guardian Ad Litem’s Office) we set a record by receiving more donations from firms and businesses than ever before and had our largest turnout to date. Over 170 children (most of whom are in the foster care system locally), chaperones and vol-unteers enjoyed an afternoon of “galactic” bowling. Lunch was provided. Berry Merry the Clown made balloon animals for the kids and a face painter adorned the chil-dren. Santa made a special appearance and delivered bundles of joy. Each child was able to select from a variety of gifts includ-ing sports equipment, learning toys, books, and art supplies. We must commend Jason for using his lawyering skills to stretch our

donated funds – as he was able to negoti-ate a special discount from Sports Authority and he convinced Sam’s to supply a hefty gift card to purchase toys for the kids. Judg-ing by the smiles on everyone’s faces, it was a delightful afternoon for all the children and all who volunteered their time.

Choose Law/Museum Tour: Also in July, several members of the YLS, along with members of the “big” bar and the Fred G. Minnis, Sr. Bar Association joined hands to implement the ABA’s Choose Law pro-gram which encourages minority children to pursue a career in the law. The lawyers visited with thirty children attending sum-mer camp at the Police Athletic League. In addition to reviewing the Choose Law materials from the ABA (which included a video and interactive civic discussions with the children), the lawyers and children visited two museums. First stop was the Carter G. Woodson museum. There the children learned about the crucial role Afri-can Americans have played in the develop-ment of St. Petersburg. The highlight of the tour was the Legacy of Courage, Vision & Hope Exhibit. This Exhibit was created by the St. Pete Bar Association and St. Peters-burg Bar Foundation to advance awareness of the history of African Americans in the legal profession, and to encourage minor-ity students to pursue a career in the legal profession. Initially, the exhibit opened at the Holocaust Museum - - which is where we stopped for our second tour of the day. There the docents taught Holocaust as hu-man rights violation to springboard into conversations about the genocides occurring in the world today. We thank the attorneys who volunteered their time for this event, as well as the museums who were gracious to host us (and not charge the children for ad-

mission)! Additional thanks is due to Greg Hoag (Masterson Law Group, P.A.) who presented this project at the Florida Bar YLD Affiliate Outreach Conference earlier this year and received a grant from the Flor-ida Bar Foundation to fund the project.

No discussion of the YLS’ dedication to public service would be complete with-out recognizing our immediate past chair Shawna Mucario (Law Offices of Shawna Mucario, P.A.) for her outstanding efforts and dedication. After years of leading the YLS in its many projects, Shawna has re-tired and is spending her days relaxing in a rocking chair! In all seriousness, Immedi-ate Past President Camille Iurillo awarded Shawna the “Rocking Chair” Award as the most productive committee/section chair for her commitment to the YLS and for her efforts in spearheading Oktoberfest 2007 (which will be held again this year on Octo-ber 4, 2008). Shawna remains active with the YLS and is once again chairing the Ok-toberfest committee. We thank Shawna for all she has done (and will continue to do) for the YLS.

Please visit the St. Pete Bar website for in-formation on upcoming YLS events. And, if anyone is interested in being involved or has questions about YLS, feel free to email me at [email protected].

Kimberly Gustafson is currently the chair of the Young Lawyers Section and a member of the Ex-ecutive Committee of the St. Pete Bar. She is also former chair of the Law Week Committee. Kim is an associate at Carlton Fields, P.A. in the St. Petersburg office.

ByKimberlyGustafsonYLSChair

I




e’ve heard the reasons before – my child wanted to be held, the seatbelt

was uncomfortable, I was only going a short distance, he’s too big for a car seat. While parents’ hearts and minds may struggle with this safety issue, with very few exceptions, they want the best for their children. While tech-nology and equipment have greatly improved in the past decade, motor vehicle accidents are still the leading cause of death for children ages three to fourteen.1 Whether through er-ror, negligence or defect, our children are put at risk on the roads everyday. Strides are be-ing made, however; statistics from the Na-tional Highway Traffic Safety Administration (NHTSA) show a 25 percent drop in vehicle crash fatalities for children under the age of 5 from 1997 to 2006. NHTSA’s Child Pas-senger Safety Week, September 21-27, 2008 serves to educate, train, and enforce the laws and guidelines of child restraint in vehicles. As a legal community, we can encourage positive change, and we should uphold and enforce the highest standards for the protection of our youngest passengers.

Studies show that child safety seats are very effective at protecting children, and in fact, they can reduce the risk of death and injuries by 71%. 2 However, the problem remains that approximately 73% of child safety seats are not installed or used properly.3 Additionally, half of the children killed in car accidents were completely unrestrained.4 As common sense would attest, a correctly used car seat can be the difference between life and death in the event of a crash. Child restraint laws currently exist

in all fifty states requiring child seat use (age requirements differ). However, twelve states have no laws requiring the use of booster seats in children over the age of four.5 Children in the four to eight age range, often referred to as the “safety gap,” are seen as too big for their child seats, but in fact they are still too small to be adequately protected by seat belts that have been designed for adults. 6

While instrumental in saving countless lives,

airbags can also pose dangers for otherwise properly restrained children when placed in the front seat of vehicles. Clear recommen-dations have been published by NHTSA for dealing with variables such as no available back seat, or lack of an airbag on-off switch.7 Par-ents are implored to take all necessary steps to ensure their child’s safety, such as ensur-ing proper seatbelt use and seat position for older children in the front seat, and looking for vehicles that incorporate “smart airbags,” which have an on-off switch. Seat sensor tech-

nologies also exist that can sense if the seat’s occupant is too small to withstand an airbag deployment. These technologies and others have been around since the 1990s, but not all manufacturers have incorporated these design features. Thus, accidents with tragic and un-necessary results continue to occur.

Through continued public education, it is our hope that automotive-related fatalities involving children will continue to decrease,

but the industry must also act. Manufacturers have a responsibility to create safe products, es-pecially knowing that consumers don’t always understand the risks, follow directions, or read and appreciate the warning labels. Knowing this, manufacturers must identify foreseeable uses and misuses during the design process, and they must take steps to address such safety issues. Consumers also have to take personal responsibility and read the product instruc-tions, be conscious of safety issues, and stay abreast of recalls by registering their purchase and periodically checking for notices on web-sites such as www.recalls.gov.

When it comes to children, dangers can also lurk in and around cars even when they are not in motion. At least four young children are killed in non-traffic automobile incidents every week.8 With the increasing popularity

ChildPassengerRestraints:RxforYourChild’sSafety

ByHenry“Hank”N.Didier,DidierLawFirm,P.A.With Special Thanks to: Julie Simonsen, Stetson University College of Law

W

1 Safe Kids Worldwide (SKW). Car Seats, Booster Seats and Seat Belt Safety. Washington (DC): SKW, 2007 2 Id. 3 Id. 4 Id5 Larry Copeland, States Weigh Booster Seat Laws for Kids, USA Today (March 6, 2008).6 Id.7 Susan Lister, Kids in Cars, Trial, Auto Cases 24, 30 (Mar. 1999)


of SUVs, back-over accidents have risen dra-matically, claiming the lives of 474 children from 2002-2006 compared to 128 from 1997-2001.9 Children also tragically die from heat exposure after being left unattended in cars, or they are put at risk of suffocation if acciden-tally trapped in a car trunk. Tragedies such as these are heart-wrenching -- but also pre-ventable. A law was signed this year advancing federal safety standards to address rear blind zones, power windows that can strangle small children, and vehicles that can be put into gear because they lack a brake transmission shift interlock. Community activism, government response, and public service awareness pro-grams such as Child Passenger Safety Week have and will continue to make strides to save innocent lives.

As attorneys, we must continue to be vigi-lant. We must encourage and promote safe practices when confronted with issues dur-

ing our representation of clients. If there is reason to believe that a child’s injuries could have been reasonably foreseen and prevented through the use of safer alternative designs or better warnings, then we as a legal community have an obligation to question whether ad-equate steps have been taken to protect chil-dren. It goes without saying that children are our most precious cargo, and we as parents, safety advocates, and legal counselors have the unique ability to make a difference in their safety. When it comes to children, the contin-ued pursuit of legal recourse when safety issues are not addressed may be the most expeditious route to better designs in automotive safety.

For additional information on Child Pas-senger Safety (CPS) please visit www.Product-SafetyAttorneys.com/childseats, email [email protected], or contact Hank directly at (888) 895-3401.

Henry N. Didier, Jr. is founder and managing partner of the Didier Law Firm, P.A., a Flori-da-based products liability practice specializing in automotive defect cases. The firm also handles cases relating to defective designs of industrial products and heavy equipment. Mr. Didier is active member of the St. Petersburg Bar Asso-ciation and SPBA Trial Practice Section. Mr. Didier has been named one of Florida Trend Magazine’s 2008 “Legal Elite,” “Best of the Bar” and “40 Under 40” by Orlando Business Jour-nal in 2007 and 2008 respectively, and holds an AV rating by Martindale Hubbell.

8 Id.9 Advocates for Highway and Auto Safety, Child Safety Advocates and Consumer Groups Applaud Senate Committee Action Today to Stop Deaths and Injuries of Children Due to Motor Vehicle Design Flaws. (May 15, 2007)

November 2008 Issue.....................................Copy must be received by noon, September 15th, 2008

December 2008/January 2009 Issue.....................Copy must be received by noon, October 15th, 2008

– Articles received after the deadline will run in the next issue –

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


ByKimRodgers

The Community Law Program, Inc.is a non-profit corporation formed in 1989 by members of the St. Petersburg Bar Association concerned about the civil legal needs of low income residents of Southern Pinellas County, Florida. Over the years, the CLP has recruited a panel of approximately 400 St. Petersburg area attorneys who provide free assistance to thousands of people in need of civil legal assistance each year. To volunteer for pro bono servive, contact the Community Law Program at 727-582-7480.

During 2007, Community Law Program served 3,496 individuals and local commu-nity groups. Of this number, and with the help of a panel of 110 volunteer attorneys, we provided free legal assistance to 1,506 clients and full-blown legal representation to 112 clients. Collectively, our volunteer attorneys donated 2,193.4 hours of time at a combined in-kind contribution of $383,845.00.

Although nothing that we could do to thank our many volunteers and supporters would be commensurate with their contribu-tions, we recently held our Annual Meeting and Awards Reception at the St. Petersburg Yacht Club to express our sincere appre-ciation. During this reception, the board of trustees presented a number of plaques to some of our attorneys and supporters whose contributions on behalf of Community Law were extraordinary.

Chief Judge Robert Morris, Jr. presented our most prestigious award, the David L. Stout Award, to Attorney Murray Silverstein for the extraordinary pro bono work he and his firm performed on behalf of a family who lost everything in Hurricane Katrina. Not only did they lose their home and most of their possessions, but their grandchildren were completely devastated when their fam-ily pets did not return home after they had been dropped off at their local animal shelter in Louisiana while the family sought refuge from the storm at a nearby shelter that did not permit pets. This family sought assistance from Community Law when, after months of searching, they finally tracked their lost canines to the Humane Society in Pinellas County only to learn that they had been ad-opted. This case sparked the attention of the local and national media and evoked emotion

from the general public on both sides. Ulti-mately and after over 500 hours of pro bono time and countless resources, the family was reunited with their beloved companions.

Plaques were also presented to the following at-torneys/firms:

• Charles W. Ehrlich – The Christina Ippolito Award for outstanding contribution in the area of Family Law

• Bryan Albers – The Larry Hyman Volunteer Attorney Award presented to an attorney who can always be counted on to fill in when and where needed

• Linda Gruszynski – The Newcomer Award presented to an attorney who is new to volunteering with Community Law Program and who exemplifies a strong commitment to the program and to assisting less economically fortunate clients

• David Blum – The Young Lawyers Award presented to a member of the Young Lawyers Section for exceptional commitment to pro bono legal services

• Ruden McClosky – The Law Firm Award for many years of philanthropic support

• Ken Burke, Clerk of the Circuit Court – The Outreach Award presented in recogni-tion of the Self Help Centers

We also presented plaques to long-time, departing board members, Brian Battaglia and Jeannine Williams, and welcomed Attor-ney Sepideh Eskandari to the board of trust-ees. (I will be writing a separate column soon on new leadership and staff at CLP).

CLP operates 25 advice and self help clinic sessions per month. The staff solicits volun-

teers for these clinics for six months at a time. To recognize volunteers who made a signifi-cant contribution of time to our clinic pro-gram in 2007, the staff presented certificates of appreciation to the following attorneys:

• Marilyn Polson – Elder Law

• Myron Mensh – Representing Yourself Clinic

• Michael Stuckey – Gulfcoast Wednesday Evening

Clinic

• John Karvonen – Family Law Forms Review Clinic

• Nyjola Grybauskas – Divorce Forms Class

• Patricia Hastings – Housing Clinic

• Garth Goodman – Courthouse Legal Assis-tance

Clinic (Wednesday walk-in)

• Jeannine Williams – Sanderlin Clinic

• Danell DeBerg – St. Vincent DePaul Soup Kitchen

• Ted Starr – Bankruptcy Clinic

• Kenneth Swearingen – St. Pete Free Legal Clinic

In addition, every attorney who donated twenty (20) or more hours of time during 2007 either participating in clinics and/or providing extended representation was pre-sented with a Certificate of Appreciation from Community Law Program, a letter of com-mendation signed by Florida Supreme Court Chief Justice R. Fred Lewis, and a lapel pin. For the fourth year in a row, the letter signed by the Chief Justice and lapel pin were part of a statewide pro bono recognition project sponsored by the Florida Supreme Court, the Young Lawyers Division of The Florida Bar, and the Florida Pro Bono Coordinators’ As-

CommunityLawProgramCelebratesProBono


sociation. The following attorneys were re-cipients of this special recognition:

• Murray Silverstein (268 hours)

• Brian Cummings (242)

• Garth Goodman (103)

• William Bostick, Jr. (86)

• Joanna Garcia (62.2)

• Andy Bolin (57.9)

• Kimberly Gustafson (56.7)

• Belinda Lazzara (50)

• Russell Cheatham III (48.5)

• Lauretta Johnston (44)

• Donna Lonsberry (43.5)

• John Tucker (41.6)

• Charles Ehrlich (40.9)

• Charles Gallagher (40.9)

• Michael Stuckey (37.5)

• Linda Gruszynski (35)

• David Blum (33.8)

• Stephan Freeman (32.5)

• James Kennedy (32.5)

• Patricia Lee (30)

• Silvia Leeper (30)

• William Penrose (30)

• Eric Ludin (26.2)

• Kenneth Swearingen (25)

• Jeannine Williams (23)

• Bryan Albers (22.5)

• Osei Prempeh (22.5)

• P.J. Bradley (21.5)

• Ted Starr (21.5)

• Jon Barber (20)

• Charles Samaha (20)

• John Swisher (20)

Once again, on behalf of Community Law Program, I would like to thank all of our dedicated volunteers and supporters for a job well done in 2007! For a copy of our 2007 Annual Report, please contact us at (727) 582 – 7480, or at [email protected].

embers of the Continental Con-gress and Presidents Monroe, Cleveland, and Taft greet you

upon entering the foyer of Jim Kennedy's historically preserved building at 856 Sec-ond Avenue North. His office is replete with pictures of personages and historical documents from both England and Ameri-ca, with the oldest document dated to 1679 under the reign of King George IV. He even has a document printed on vellum dated in 1775 from Colonial America containing British document stamps, one of the last of its kind. With his passion for ancient politi-cal documents and history, there was little doubt Jim would eventually find his way into the political arena.

Jim was born in 1957 at Roselle, New Jersey. Jim's father was a color-matcher for industrial paints and finishes (prior to com-puters), in which Jim dabbled. However, due to his distaste for working with harsh chemicals and his color-blindness, Jim in-stead double-majored in economics and political science at Rider College in Law-renceville, New Jersey, where he graduated from in 1979. He then moved permanently to Florida and graduated from Stetson in December 1981. Post graduation, Jim shared office space with attorneys Dominic Amadio, Craig Moore, and Tom Woodruff. They also shared a kiosk at Tyrone Square Mall near the organ store providing legal advice. He bought the Old Caretaker's Cottage around 1983, where his law office is located.

In September 2007, the death of council-person John Bryan created a vacancy on city council. Jim had been visiting his daughter at UCF and upon his return he had received several messages from persons from all po-litical persuasions encouraging him to ap-ply for the position. Jim's wife stated his decision process succinctly, "You're smart enough to do it and dumb enough to take it." With that bit of encouragement, Jim ap-plied along with four other candidates. Jim

received the required four votes on the first ballot thanks to Earnest Williams calling in from Africa to vote. He began his tenure in October 2007 and will serve until Novem-ber 2009, which was the expiration of Mr. Bryan's original term. Jim plans to maintain his seat and run in 2009.

Jim is a member on two sub-commit-tees of city council, the Budget, Taxation & Finance Committee and the Public Safety and Infrastructure Committee. He also serves on the administrative committee of International Relations and sits on the In-vestment Oversight Committee. Members of city council are required to participate on regional committees and he therefore serves on the Pinellas Planning Council, where he is invariably protecting the city's inter-ests vis-à-vis the county and other govern-mental entities. Although he is no maven on municipal law, Jim has engaged his legal knowledge while on the council and the committees. For example, he has assisted in the drafting of "whereas" clauses and has ex-plained the distinction between "may" and "shall" in resolutions.

Jim mentioned a recent topic with city council involving the dredging of Tinney and Turner Creeks in St. Petersburg and

the related assessments. Along with this project, the city already had an on-going project dredging other arterial canals within the city. Therefore, the assessments to hom-eowners was reduced since the equipment had been previously mobilized. Another project of which Jim is especially proud is a new playground planned for his district.

In early July, Jim enjoyed an inspirational ten days in Japan with four days spent at Takamatsu, which is St. Petersburg's sister city in Japan. He was especially impressed with their recycling program and hopes to place more emphasis on neighborhood re-cycling. He is also requesting that council study the concept of incorporating bicycle usage into the city's mass transit plan. Jim enjoyed the personal relationships he es-tablished in Takamatsu, especially with as-semblyman Futagawa, who invited Jim to his home where he partook in an authentic Japanese meal and formal tea. He encour-ages all residents of St. Petersburg to visit bucolic Takamatsu.

Jim maintains a lively law practice and re-mains involved with the St. Pete Bar, CASA, and the Community Law Program as a vol-unteer attorney. He is also an arbitrator for the National Association of Security Deal-ers and a Supreme Court certified family mediator. We wish him continued success with all his successful endeavors!

© Charles M. Samaha, 2008. All rights reserved.

Charles M. Samaha has practiced in St. Petersburg since 1989. He received his under-graduate degree from Wake Forest University, North Carolina and his J.D. from University of Miami School of Law. He is a solo practitioner with a general civil practice and also focuses on immigration law.


JamesR.Kennedy,Jr.-OurAmbassadoronCityCouncil

MByCharlesM.Samaha


What’sUpandWho’sNew

Announcements

E&B Investments, LLC, in conjunction with Englander & Fischer, P.A., announced the grand opening of The Paramount, a 13,000 square-foot Ex-ecutive Suites office building located in downtown St. Petersburg. Mayor Rick Baker attended the ribbon-cutting ceremony for the art deco building on June 26, 2008.

John V. Tucker of Tucker & Ludin, P.A. in Clear-water, Florida recently spoke at the 11th National Advanced Forum on Litigating Disability Insurance Claims on the topic of "Techniques for Using Medical and Vocational Experts to Prove or Refute a Claim-ants Disability" held in Boston, Massachusetts in June, 2008

Susan H. Churuti was awarded the Ethics in Gov-ernment Award by the Florida Association of County Attorneys at their annual meeting on June 25 for her outstanding professionalism, skill and expertise in fos-tering proper ethics in all aspects of local government law in the State of Florida.

The shareholders of Johnson Pope Bokor Ruppel & Burns, LLP announce the expansion of its law offices to St. Petersburg with the merger of the Law and Me-diation Offices of Murray B. Silverstein, P.A.

Murray B. Silverstein will lead the firm's new St. Pe-tersburg office, located in the Wachovia Plaza at 150 Second Ave., North, Suite 900, St. Petersburg. Mr. Silverstein joins Johnson Pope as a shareholder. Bri-an Cummings will also join the Johnson Pope firm as an associate attorney.

"We are pleased to join forces with Murray to pro-vide enhanced services to our clients throughout the Tampa Bay area and to expand our commitment in St. Petersburg," said firm president Ed Armstrong. "Murray, and his firm, bring a level of eperience and professionalism that our clients expect as the standard for all Johnson Pope lawyers."

NewMembers

BRENNAN, KEVIN DOUGLASP.O. Box 27, St. Petersburg, FL 33731-0027Phone: 727-822-4929 E-mail: [email protected]. from Florida State University, J.D. & M.B.A. from Stetson University College of Law. Admitted to The Florida Bar in 2007. Mr. Brennan is an associate with Meros, Smith, Lazzara & Olney, P.A.

COLEMAN, JONATHAN STRICKLAND150 Second Ave. N., Suite 900St. Petersburg, FL 33701Phone: 727-822-7750; Fax: 727-822-1855E-mail: [email protected]. from the University of Richmond, J.D. from the University of Florida and M.A./Ph. D from Univer-sity of North Carolina-Chapel Hill. Admitted to The Florida Bar in 1989. Mr. Coleman is an associate with Johnson, Pope, Bokor, Ruppel & Burns, LLP.

COLL, FRANCISCO30355 U.S. Hwy 19 N., Suite HClearwater, FL 33761Phone: 727-789-4100; Fax: 727-773-8014E-mail: [email protected] degree from Texas State University, J.D. from St. Thomas University. Admitted to The Florida Bar in 2007. Mr. Coll is an partner in the firm Coll and Coll, Attorneys at Law.

COLL, MARTA I.30355 U.S. Hwy. 19 N., Suite HClearwater, FL 33761Phone: 727-789-4100; Fax: 727-773-8014E-mail: [email protected] degree from the University of Houston, J.D. from St. Thomas University. Admitted to The Florida Bar in 2003. Ms. Coll is an partner in the firm Coll and Coll, Attorneys at Law.

McELROY, KALEI K.14502 N. Dale Mabry Highway, Suite 200Tampa, FL 33618-2040Phone: 813-265-0004; Fax: 813-265-9644E-mail: [email protected]. from Florida State University, J.D. from St. Thomas University School of Law. Admitted to The Florida Bar in 2007. Ms. McElroy is an associate with Aman Law Firm

ROGERS, JOHN550 N. Reo St., Unit 300, Tampa, FL 33609Phone: 727-641-1012 Fax: 813-261-5194Email: [email protected] degree and Masters of Laws in Taxation from California State Fullerton.

ROSS, VANESSA5201 W. Kennedy Blvd., Suite 700Tampa, FL 33609Phone: 813-849-7200; Fax: 813-849-7201E-mail: [email protected] degree from the University of Florida, J.D. from Florida State University. Admitted to The Florida Bar in 2006. Ms. Ross is an associate with Groelle & Salmon.

STOWELL, RANDY L.8700 4th St. N., St. Petersburg, FL 33702-3106Phone: 727-570-4660; Fax: 727-570-4665E-mail: [email protected]. from Gilford College, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 1992. Mr. Stowell is a partner with Reynolds Stowell Parrino, P.A.

WULFF, ELIZABETH A.P.O. Box 12713, St. Petersburg, FL 33733Phone:727-374-8860; Fax: 727-674-4037E-mail: [email protected] degree and J.D. from the University of Florida. Admitted to The Florida Bar in 2005. Ms. Wulff is a sole practitioner.

StudentMembers

BARNAKY, MARIA TYLER12815 Pineforest Way WestLargo FL 33773Phone: 727-743-8040E-mail: [email protected]./B.A. from the University of Central Florida. Cur-rently attending Stetson University College of Law.

PATE, ANGELA M.6915 Avenue Des PalaisSouth Pasadena, FL 33707Phone: 785-979-8248E-mail: [email protected]. from Baker University. Currently attending Stetson University College of Law.

STARLING, PETER MCHALE501 First Ave. N., Suite 403St. Petersburg, FL 33701Phone: 727-821-3060; Fax: 727-823-5151E-mail: [email protected]. from Transylvania University. Currently attending Stetson University College of Law and employed with the Law Office of William H. Walker.

ZELENSKI, MARCUS STEPHEN1531 S. Rockford Ave. #8, Tulsa, OK 74120Phone: 262-352-5299E-mail: [email protected]. from the University of Wisconsin. Currently at-tending the University of Tulsa College of Law.

CORRECTION: In the June 2008 Paraclete New Members column, Matthew J. Johnson was listed as an associate and is a Partner in the firm Buckley & Fudge, P.A. The Paraclete regrets the error.

September2008


am proud to serve as the President of the St. Petersburg Bar Foundation. Working on Foundation projects pro-

vides the opportunity to see attorneys at their best. The legal profession is subject to ongoing ridicule and criticism. There are a few who undermine our credibility with the public, but there are many who are shin-ing examples of what being an attorney and concerned member of the public is all about. For some reason, those who are dedicating themselves to improving our communities and/or our system of justice do not receive the same media attention as the few who embarrass all of us by their improper con-duct.

The mission of the St. Petersburg Bar Foundation is to fund, develop and pro-mote efforts which enhance the legal pro-fession and encourage better public under-standing and access to the judicial system. Twenty-five years ago, when Bill Blews was the President of the St. Petersburg Bar Asso-ciation, he made the first effort to establish a local foundation. He had a vision that the St. Petersburg Bar Foundation would pro-vide visibility in our community for lawyers and the many good things that lawyers do for our community. It is my hope that Bill’s vision will become a reality as a result of the efforts of your Foundation continuing to serve the needs of the community, and through recognition of lawyers in our com-munity who provide exceptional service.

Accomplishing our goals is dependent upon your support. On behalf of the Foun-dation, I want to thank all of you who have provided support. The efforts of the Foun-dation require funds to expand our projects and serve the community. The Foundation extends sincere appreciation to our many supporters.

FOUNDING LAW FIRMSBattaglia, Ross, Dicus & Wein, P.A.

Baynard, McLeod & Lang, P.A.DiVito & Higham, P.A.

Hastings and Estreicher, P.A.Thompson Goodis Thompson

Groseclose & RichardsonLaw Office of William H. Walker,

Chartered

CHARTER MEMBERSDavid J. AbbeyLinda R. Allan

Horace A. AndrewsNora Riva Bergman

John & Nancy BiesingerWilliam F. BlewsRobert P. ByelickGentry B. Byrnes

Pamela A.M.CampbellSusan H. ChurutiMarcia S. CohenRobert C. Decker

Seymour A. GordonBrian C. Harrington

Jack HelingerLynn A. Howell

Catherine A. KyresKaren B. LopezEric E. LudinBruce Marger

Thomas D. MastersonNina Giroux Monrose

J. Stanford MorseDavid D. NeiserGuy N. PerenichFrank Quesada

George K. RahdertPaul C. Scherer

James D. Thaler, Jr.John V. TuckerJack A. Weiss

Doreen S. Young

CURRENT MEMBERSDavid J. Abbey

Howard M. AcostaBruce D. AustinBrant A. Bailey

Nora Riva BergmanJohn W. Biesinger, III

Nancy BiesingerWilliam F. BlewsGeorge H. BrownMichael L. CahillSarah M. Chaves

Ann Marie CholowskiSusan H. Churuti

Carin M. ConstantineMeredith CraigRonald L. Croft

Benjamin G. DeBergDanell G. DeBergRobert C. DeckerSusan S. DemersDarby DickersonJoseph A. DiVito

Leonard S. EnglanderJane L. Estreicher

Luanne Eagle FergusonDavid L. Foster

Bonnie L. Earley FreemanSeymour A. GordonKristine M. Grant

Dana L. GreenbaumDale M. Gross

Michael L. HastingsJack Helinger

Frederick A. Higham, Jr.Terry L. HirschGregory J. HoagBruce G. HowieCamille J. IurilloBernard Kanner

Paul D. LeyEric E. Ludin

Thomas D. MastersonLeonard A. McCueLeo H. Meirose, Jr.Timothy A. Miller

Thomas H. MinkoffPaul A. Nelson

William L. PenroseRoger W. Plata Martin E. Rice

Joseph H. SaundersPaul C. Scherer

George J. SchrieferRobert E. Sharbaugh

St.PetersburgBarFoundationByThomasD.Masterson

FoundationPresident

ThemissionoftheSt.PetersburgBarFoundationistofund,developandpromoteeffortswhichenhancethelegalprofessionandencouragebetterpublicunderstandingandaccesstothejudicialsystem.

TheSt.PetersburgBarFoundation:

HonoringOurPast…ShapingOurFuture

I


Michael D. SiegelJudy Stanton

Marc A. TenneyJames D. Thaler, Jr.

Hon. David Seth WalkerJoan Lobianco Walker

William H. WalkerSidney Werner

Joseph C. WhitelockJeannine S. Williams

J. Emory Wood

It is the goal of the Foundation Trustees to expand this honor roll of supporters and to expand the service that our Foundation provides to the community. The Founda-tion functions through the services of vol-unteer Trustees. The current Trustees are Carin Constantine, Jack Helinger, Camille Iurillo, Rob Kapusta, Greg Hoag and Eric

Ludin. The officers include Judy Stanton (Vice President), Nancy Biesinger (Secre-tary) and Beth Horner (Treasurer). With the capable guidance of our Executive Di-rector, Jennifer Lake, we are all committed to the accomplishment of the mission of the Foundation.

Our current list of projects includes: the Judge Frank White Diversity Scholarship; the Judge Thomas E. Penick, Jr. Award for Community Service; the Judge Paul H. Roney Law Day Essay Contest; the Law Day Poster Contest; the Teen Court Scholarship; support for the exhibit A Legacy or Cour-age, Vision & Hope: African Americans in the Legal Community in Pinellas County; support for Enterprise Village at the Gus A. Stravos Institute; support for the Holidays in July: A Project of the Young Lawyers Sec-

tion; support for the Lawyers for Literacy project; support for the Brookwood Florida program; support for the Pinellas Second-ary School; and, support for the Commu-nity Law Program. It is an impressive list that we hope to expand in the coming year.

We thank everyone who has provided support to the Foundation. Please make your calendars to save the date for the 2009 Heroes Among Us dinner, which will be held on Saturday, January 24, 2009 at the St. Petersburg Yacht Club. We will again be honoring local attorneys who have made all of us proud through their services to our community that have gone beyond the call of duty. We look forward to seeing every-one at the dinner to help us in honoring these outstanding individuals.


ClassifiedsOfficeSpace:

CLEARWATER - Need Clearwater office space? Great location with signage available on busy Belcher Road near Gulf to Bay. Newly remodeled space. Two choices: one interior attorney space with adjacent secretarial office. Use of conference room and more. Also available, entire rear section with separate entrance being built. Will build to suit, ap-prox. 1200 square feet. Same Belcher Road location and signage. Call Larry Sandefer at 727-726-5297.

ST. PETERSBURG - Two Attorney/Secretarial Suites available for $800.00 per month per suite. Rent includes high speed internet, phone system

and access to kitchen and conference rooms. Se-cured premises with 24/7 access, free parking onsite and convenient to downtown St. Petersburg. Call 727-894-3188.

ST. PETERSBURG – Office space downtown, var-ious sizes to choose from, two story legal building starting at $350 per month. Call 727-562-9677.

ST. PETERSBURG: Downtown St. Petersburg, "The Paramount" 721 First Avenue North. One block from courthouse/county building. Profes-sional offices from $750/month. Virtual offices from$250/month. "NEW" Art Deco construc-tion. Receptionist in stunning atrium waiting area.

Beautifully appointed conference rooms. Fax/copi-ers, state of the art telephone system, gorgeous kitchen/lounge, much more! Sarah W. Parker 727-502-0255.

ST. PETERSBURG - COURTHOUSE SQUARE, office space for lease in downtown St. Petersburg, at 600 First Avenue North, across from the Court-house. Great location convenient to City Hall, County Building, Courthouse, restaurants, other lawyers and support service providers. Covered parking. Full services. Professional legal office environment home to some of the "Best Lawyers in Tampa Bay." One suite available 2880 sq. ft. @$17.50 psf, others 1770 sq. ft. and 1000 sq. ft. Call 727-821-6699

November 2008 Issue..................................Copy must be received by noon, September 15th, 2008

December 2008/January 2009 Issue...............Copy must be received by noon, October 15th, 2008

– Copy and ads received after the deadline will run in the next issue –

P a r a c l e t e A d v e r t i s i n g a n d C l a s s i f i e d D e a d l i n e s

he Honorable Caryl E. Delano was appointed as a bankruptcy judge of the United States Bank-

ruptcy Court for the Middle District of Florida, Tampa Division, on June 25, 2008. She graduated from the University of South Florida, B.A., cum laude, in English in 1976. She attended Indiana University School of Law – Indianapolis and Emory University School of Law, receiving her J.D. from Indiana University in 1979. Judge Delano practiced before the state and fed-eral courts of California for fourteen years. In 1994, she returned to her hometown of Tampa, Florida, where she most recently practiced law with the firm of Addison & Delano, P.A. She concentrated her practice on bankruptcy and commercial litigation.

Judge Delano has represented debtors and creditors in numerous Chapter 11 cases and related adversary proceedings. She is a member of The Florida Bar, The State Bar of California, the Business Law Section of The Florida Bar, the American Bankruptcy Institute, the Federal Bar Association, the Hillsborough County Bar Association, and the Tampa Bay Bankruptcy Bar Associa-tion.

Judge Delano was appointed by the United States Circuit Court for the Eleventh Cir-cuit, which appoints all bankruptcy judges in Florida, Georgia, and Alabama. Judge Delano graduated from Tampa Catholic High School in 1973. She and her husband have three children.

DELANOAPPOINTEDTAMPA’SNEWESTUNITEDSTATESBANKRUPTCYJUDGE

T


Documents

Contents · By Camille J. Iurillo and Gina M. Pellegrino 20 A Profile of Bryan Albers: Lawyer Turned Public Servant – By Jowita Wysocka 22 Thanks for the Memories - By Rebecca Frank