THE SPIRIT OF TRUTH
The Magazine For The Legal Professional | www.stpetebar.com | Issue May/June 2017
1789 - Government under the U.S. Constitution
begins • 1833 - Barron v. Baltimore • 1857
- Dred Scott v. Sandford • 1863 - Gettysburg
Address • 1868 - Fourteenth Amendment •
1871 - Civil Rights Act to Enforce Fourteenth
Amendment • 1873 - Trial of Susan B. Anthony
• 1883 - Civil Rights Cases • 1898 - United
States v. Wong Kim Ark • 1905 - Lochner v.
New York • 1923 - Meyer v. Nebraska • 1925 Gitlow v. New York • 1932 - Powell v. Alabama
• 1948 - Truman Issues Executive Order 9981
to Desegregate U.S. Military • 1954 - Brown
v. Board of Education • 1962 - Baker v. Carr/
Apportionment Cases • 1964 - Civil Rights Act
• 1967 - Loving v. Virginia • 1978 - Regents
of University of California v. Bakke • 1990 Americans with Disabilities Act • 1996 - United
States v. Virginia • 2010 - McDonald v. Chicago
• 2015 - Obergefell v. Hodges
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contents
PARACLETE: The Spirit of Truth
MAY/JUNE 2017
FEATURES
8 WHY USE A CERTIFIED MEDIATOR?
By Eric E. Ludin
St. Petersburg Bar Association
P. O. Box 172
10 LAWYERS AND CIVICS EDUCATION – MYTHS v. FACTS
By Erica K. Smith
14
THE POTENTIAL IMPACT OF THE TRUMP PRESIDENCY ON CERTAIN LABOR AND EMPLOYMENT LAWS
St. Petersburg, FL 33731
Phone: 727.823.7474 • Fax:727.823.8166
E-mail: [email protected]
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.
By Robyn Rusignuolo
16
ETHICAL ISSUES AND REQUIREMENTS FOR LAWYERS IN
COMPENSATING NONLAWYER EMPLOYEES
By Joseph A. Corsmeier
Executive Director
Melissa Byers
727.823.7474
[email protected]
Editor
Mercy Roberg
ALSO IN THIS ISSUE
4 PRESIDENT’S MESSAGE
6 EDITOR’S NOTE
6 MESSAGE
FROM 6TH
JUDICIAL COURT
18 YLS BEACH VOLLEYBALL
19 MARCH MEMBERS LUNCHEON
20 COMMUNITY LAW PROGRAM
24 PFAWL
26 STETSON REVIEW
28 ST. PETERSBURG BAR
FOUNDATION
30 YOUNG LAWYERS’ CORNER
32 WHAT’S UP & WHO’S NEW
32 NEW & REINSTATED MEMBERS
33 CLASSIFIEDS
34 BAR AND COURT NEWS
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[email protected]
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[email protected]
Design & Production
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Editorial Policy: The Paraclete is published for the members of
the St. Petersburg Bar Association. The magazine is published
6 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 publishes articles
dealing with controversial issues.
The views expressed in the Paraclete are those of the
authors and not necessarily those of the editors, executive
committee or officers of the St. Petersburg Bar Association.
No endorsement of those views should be inferred unless
specifically identified as the official policy of the St. Petersburg
Bar Association.
Advertising copy is reviewed, but publication herein does
not imply endorsement of any product, service or opinion
advertised. Advertising rate cards are available upon request
by calling 727-823-7474 and may be downloaded at www.
stpetebar.com. © 2017 St. Petersburg Bar Association.
3
PRESIDENT’S MESSAGE
By Erica K. Smith
The 2016 -2017 SPBA year began
with a plan – or, rather, the continuation
of a plan. In 2014, under the guidance
of President Lucas Fleming and thenPresident-Elect Cary Cash, the SPBA
leadership developed a three year strategic
plan to take our Association forward to
2017. In our strategic planning session in
August 2016, we determined those goals
that we had accomplished and those
areas yet to be addressed. The Executive
Committee worked with me to fit each goal
into the framework of the SPBA mission:
To serve the legal community, strengthen
the noble calling of the practice of law,
and foster excellence in the profession.
Then, we got to work.
As we come to the close of a whirlwind
Bar year, I have been reflecting on my
time serving as your 92nd SPBA President,
our successes, and the work still to be
done. It has been a fun, challenging,
creative, and rewarding year for those of
us in leadership, and I hope that you have
found this year’s programming enjoyable,
beneficial, and timely. In this – my last –
President’s Message, I share with you my
final observations as SPBA President:
First, the SPBA is working diligently,
within the context of its mission, to serve
you – its members. I am so excited by
– and proud of – the ways in which the
SPBA is remaining nimble to address
the ever-changing landscape of legal
practice. Never content to simply repeat
the prior year’s successes, we continue
to add new programming, reassess our
priorities, and move onward and upward.
A few of the exciting initiatives of which I
am most proud this year are (1) greater
solicitation of feedback from members,
(2) more educational opportunities
related to technology and starting (and
maintaining) a successful law practice, (3)
an emphasis in leadership discussions
and planning on the topics of access to
justice, pro bono, and low bono services
(with some exciting plans coming to
fruition), (4) reestablishment of ties with
the Tampa Bay Times so that we can
better use our media relations to improve
the public perception of lawyers and
judges, (5) increased contact with The
Florida Bar leadership and an increased
role in the governance of voluntary bars
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within Florida, (6) recognition of the role
of a voluntary bar in civics education
and presence in local, state and national
discourse, and (8) programming and
education aimed at increasing the
wellness and mental health of legal
practitioners.
Second, the scope of the work and
planning the SPBA accomplishes in a
given year depends on the leadership
of so many gifted individuals. The chairs
of our various sections work hard to
plan relevant educational programming
and fun social events. The members of
your Executive Committee contribute
their creativity and vision to every board
meeting and serve as SPBA liaisons, both
with our members and with the community.
Our incomparable Executive Director,
Melissa Byers, tirelessly energizes us and
organizes more moving parts than anyone
can imagine, and JoAnn Knight brings us
her wealth of institutional knowledge,
helping us to forge into the future without
forgetting the past. And all of YOU –
our members – attend events, bring us
your energy, and provide us with your
invaluable feedback. The SPBA ceases to
exist without you – so show up, volunteer,
be engaged and excited – and I know that
our Bar will continue to thrive.
Third, we are at a crucial juncture
in our country and our practice. We are
confronted by a vocal, voting populace
with demonstrated lack of basic civics
knowledge and politicians who seek to
diminish the authority of the judiciary,
rather than to recognize it as a coequal branch of government. Nationally
(American Bar Association) and at the
state level (Florida Bar Association), it is
being recognized that the legal profession
has a duty to engage in non-partisan
civics education within the community
and to uphold the sanctity of the judicial
branch within the public discourse. It is no
longer enough for a voluntary bar to plan
social events and provide CLEs – there is
a greater, more valuable purpose to our
professional association. I have tried to
lay the foundation this year, along with our
current leadership, regarding the direction
this can take at the SPBA level, but the
implementation is yet to come. Please be
prepared and willing to answer the call.
Finally, my most personal observation, it
has been a true honor and privilege to serve
you this year as your President. Certainly
this year has been the highlight of my first
decade of practice, and I believe at the end
of a (hopefully) long career, I will always
consider this year a true gift. As I stated in
my first President’s Message in the July/
August 2016 issue of the Paraclete, my
goal was to be “the right president, at the
right time.” I have done my best to do that,
and I thank all of you who helped me. I
leave you in the capable hands of incoming
President Bill McQueen and incoming
President-Elect Greg Hoag, who – I have
no doubt – will each be the right President,
at the right time for the SPBA.
Erica K. Smith is an attorney at Fisher &
Sauls, P.A., where she practices in the areas
of Wills, Trusts, and Estates. She can be
reached at (727) 822-2033 or esmith@
fishersauls.com.
5
EDITOR’S NOTE
By Mercy Roberg
Each year the American Bar Association (ABA) does a phenomenal job of
creating, guiding, and planning events in
order to celebrate Law Day. The 2017
theme is The Fourteenth Amendment:
Transforming American Democracy.
As the ABA states on their website,
“Through its Citizenship, Due Process
and Equal Protection clauses, this
transformative amendment advanced
the rights of all Americans.”1 The
purpose of Law Day is for lawyers and
judges to help educate students and
the community about the laws of our
country. Lawyers have been blessed
with knowledge that we, maybe, take for
granted on a daily basis. When a lawyer
picks up a local newspaper or hears a
news story on the radio or television, a
lawyer has a high radar for discerning
what is missing from the story; lawyers
have the capability of understanding
the legal implications of the story. Have
you ever started a conversation with a
non-attorney and as you went deeper
into the legal aspects of the story, you
noticed their eyes glaze over? Maybe,
they started looking at their phone
and that was the exact moment you
crossed the threshold from someone
engaged in your story, to most likely
incomprehension, or maybe it was just
a boring story! Law Day provides lawyers
and judges an opportunity to go into the
community and share their knowledge.
American Government is usually a half
credit in many high schools. Law Day
provides another way for students to
learn from experts in the field. Lawyers
may not consider it their duty to
participate in Law Day, or for some this
may be the first time you have learned
about Law Day, but I encourage each of
you to participate in Law Day each year
in April. If you take time to look at the
ABA’s website, you will see the amount
of time and effort that has gone into
making resources to help you educate
citizens on our legal system. Education
is the key to change in democracy. In
order for us to continue to protect the
rights of our clients, we need to help
educate our citizens. Teaching one high
school class or one senior center about
the Fourteenth Amendment or another
legal topic one day out of the year,
may not seem like it would make a big
difference, but think about the first time
your interest was sparked in becoming
a lawyer. Maybe, on Law Day you could
be the spark for someone else. Use
the tools the ABA has provided and
INSPIRE!
1. http://www.americanbar.org/groups/
public_education/initiatives_awards/
law-day.html
An Important Message
from The 6th Judicial Circuit
Please consider this a gentle reminder for those members of the St.
Petersburg Bar Association whose clients are veterans. Veterans charged
with certain crimes as a result of substance abuse or mental health issues
are encouraged to take advantage of a special court designed exclusively
for them. It’s called Veterans Treatment Court, or VTC, and it functions in
both Pinellas and Pasco counties. The aim of this special court is to help
veterans deal with their current criminal charges and to stop them from
getting into further trouble. It also is designed to help with substance
abuse or mental health issues that may have caused or contributed to
their legal problems. Only veterans charged with misdemeanors and
certain felonies, such as drug-related charges, burglary, grand theft,
and battery, may qualify. Those interested should fill out an application
available at the Pinellas-Pasco State Attorney’s Office.
6
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Member FDIC
9
Why Use a Certified Mediator?
By Eric E. Ludin
At the time that this article was
written, The Florida Bar Alternative
Dispute Resolution Section had just
forwarded a recommendation to the
Supreme Court Committee on ADR
Rules and Policy recommending that
all mediators who mediate family law
or Circuit Civil disputes, be certified.
This article gives an illustration of
the importance of only using certified
mediators.
I recently represented a client in
a failed mediation. Not only did we
impasse, but I left the mediation feeling
that the mediator was a hindrance to
settlement. Beforehand, I believed
the case had a reasonable chance of
resolution. Instead, everyone left angry
and opportunities for the attorneys
to settle after the mediation became
significantly less likely. What went so
wrong?
Almost immediately after arriving
at the mediation, I sensed something
was off. The mediator did not greet my
client. In fact, he basically ignored her
throughout the day and rarely, if ever,
addressed her directly. He seemed
to behave as though the legal issues
in the case were too complex for a
layperson to understand, directing all
his comments to the attorneys. I was
put off, not only by this, but also by the
fact that he seemed to talk much more
than he listened. He also offered an
unsolicited and incorrect legal opinion
about the dischargeability of the claim
in bankruptcy court if the Defendant
decided to file before completing the
payment plan that was being negotiated.
At one point in the mediation, the
mediator turned to my co-counsel,
who was an out of state attorney, and
told him that he felt my co-counsel
had behaved unethically in a related
proceeding (he had not). This comment
not only infuriated me and my cocounsel, but it left my client convinced
that the mediator was not neutral and
was in fact an advocate for the other
party. After that moment, I had to
remove the mediator from involvement
and deal directly with opposing counsel.
However, it was too late to save the
mediation from reaching an impasse.
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After he made his inflammatory
comment to my co-counsel, I pulled the
mediator aside and asked if he was
certified. He told me that he was not
because, if he were, he would not be
able to handle mediations the way that
he wanted. I learned a lesson that day
that I will never repeat. Always confirm
that your mediator is properly certified
before agreeing to use their services.
In order to become certified as a
mediator in Florida, one must complete
a mediation training program which
is usually 40 hours depending upon
the area of certification (Family law,
County Court, Civil Court, etc.). After
completion of the course, the applicant
must observe a number of mediations
in the area of which they seek approval.
In addition to undergoing rigorous
training, certified mediators must be
familiar with and comply with their
Standards of Professional Conduct. If
a mediator fails to comply with these
standards, they can be disciplined
and sanctioned. Failing to comply can
even result in loss of certification. Rule
10.310 of the Rules for Certified &
Court-Appointed Mediators mandates
that the parties have sole decision
making authority and the right to selfdetermination in the mediation. A
mediator violates their ethical standards
when they substitute their judgment for
the judgment of the parties, coerce
a party to make a decision, or allow
a party to make a decision based on
misrepresented facts.
The non-certified mediator in my
case consciously interfered with my
client’s right to self-determination by
excluding her from the discussion
and directing all his communications
to the attorneys. The mediator also
violated Rule 10.330, which requires
a mediator to be impartial, and Rule
10.370, which prohibits a mediator
from offering personal or professional
opinions intended to coerce or unduly
influence the parties. By advising my cocounsel, in the presence of our client,
that he believed my co-counsel acted
unethically, he forfeited the perception
of impartiality. My client was furious
that an apparent adversary, hired as a
mediator, was attempting to broker a
settlement. In her view, the mediator
was a wolf in sheep’s clothing.
A mediator who is not certified cannot
be sanctioned for this conduct because
they have not agreed to be bound by the
rules regulating certified mediators.
If you want to confirm if a proposed
mediator is certified and in good
standing, you can look them up at
www.flcourts.org under the Alternative
Dispute Resolution (ADR) pages. When
you look up a mediator you can see
when their renewal date is, whether
or not they are in compliance with
the continuing mediation education
requirements, and whether or not they
have any prior sanctions.
The Rules for Certified Mediators not
only bind the mediator to high ethical
standards, but also ensure a much
greater probability that the case will
settle. These rules are not intended to
limit the tools available to the mediator.
Mediators can still point out possible
outcomes of the case and discuss
the merits of a claim or defense. A
skilled mediator knows how to direct
a client’s attention to the strengths
and weaknesses of their case so
that the client realizes the benefit to
altering their expectations and settling
for more or less than they originally
wanted. However, central to a quality
mediator’s job, is to make certain
that the client never loses their right
to self-determination. It is the client’s
case to settle or impasse without their
decision being made by the attorneys or
mediator.
Eric E. Ludin, Esq. is a founding partner of
Tucker & Ludin, P.A. law firm with offices
in St. Petersburg and Tampa. He is a
Florida Supreme Court Certified Circuit
Civil Mediator and past President of the
St. Petersburg Bar and St. Petersburg
Bar Foundation.
11
Lawyers And Civics Education –
Myths v. Facts
By Erica K. Smith
The American Bar Association and the
Florida Bar Association are increasingly
advocating that attorneys and judges
within the legal profession have a
duty to engage in non-partisan civics
education within the community and to
uphold the sanctity of the judicial branch
within public discourse. A significant
number of the adult voters in the United
States lack even basic knowledge
regarding American governance, and
members of the St. Petersburg Bar
Association are in a unique position to
provide a law-focused approach to civics
education. For anyone questioning the
need for these voluntary services or
the appropriateness of involvement by
bar associations in organizing efforts
to educate the public on these issues, I
offer for your consideration the following
myths and facts about the role of legal
professionals and bar associations in
civics and law-related education:
MYTH #1:
Lawyers and voluntary bar
associations do not need to be
involved in civics and law-related
education because the public
knows the information or can figure
the issues out for themselves.
FACT #1:
National and Florida polls and
surveys continue to document
the limited knowledge held by
Americans about civics and the
three branches of government.
CNN (2016)
•10% of college graduates
surveyed believed that Judith
Sheindlin (Judge Judy) served on
the Supreme Court
12
Annenberg Public Policy Center
– University of Pennsylvania (July
2014)
•64% of those surveyed could not
correctly name all three branches
of government
•35% could not name even one
branch of government
•33% believed a U.S. Supreme
Court decision could be appealed
•25% believed that a 5-4 decision
of the U.S. Supreme Court would
be sent to Congress for resolution
FindLaw.com (2012)
•Nearly 66% could not name one
member of the Supreme Court
Center for the Study of the American
Dream – Xavier University (2012)
•33% of native-born Americans
failed the civics portion of the
naturalization test (whereas 2.5%
of immigrants seeking citizenship
failed)
•85% of native-born Americans
taking the test could not define
“the rule of law”
•75% of native-born Americans
could not correctly answer “What
does the judicial branch do?”
Harris Interactive Poll of Florida Adults
(commissioned by the Florida Bar)
(2005)
•More than 50% of adult Floridians
could not define “separation of
powers”
•More than 33% of adult Floridians
could not define “checks and
balances”
MYTH #2:
Lawyers and voluntary bar
associations do not need to be
involved in civics and law-related
education because the public
already respects the judicial branch
and would not take action to
denigrate its authority.
FACT #2:
Although Americans’ trust in the
judicial branch is still higher than
their trust in the executive or
legislative branches, the public
perception of the judicial branch is
still in significant decline.
Gallup Poll (September 18, 2015)
•Americans’ trust in the judiciary
was at a new low of 53%, down
from 76% as recently as 2009
Pew Research Council Poll (July 29,
2015)
•Unfavorable impression of the U.S.
Supreme Court by Americans was
43%, the highest number recorded
in 30 years
MYTH #3:
It is not the place of a voluntary
bar association to get involved with
civics education of the general
public.
FACT #3:
The Florida Bar Association and the
lawyers and judges of Florida have
designed a number of programs
specifically requesting the support
of voluntary bar associations and
the participation of lawyers and
judges.
•Informed Voters Project, a
civics education program of the
National Association of Women
Judges, was created in 2014 to
educate voters in a nonpartisan
manner about how juries are
selected, how an average person
can obtain information about a
judicial candidate, and the role of
the judiciary as a third but equal
branch of government.
•Benchmarks Adult Civics Education
Program was created by The
Florida Bar’s Judiciary Committee
to enable and encourage attorneys
and judges to make presentations
to adult gatherings, including civic
organizations, to teach general
civics principles.
•“Vote is in Your Court” Program was
created by The Florida Bar in 2012
to educate Florida voters about the
nature, operation, and mechanics
of judicial retention elections.
•Justice Teaching, created by Florida
Supreme Court Justice R. Fred
Lewis in 2006, places a judge or
attorney volunteer in every public
school in Florida to implement
a nonpartisan, law-focused approach to civic education through
interactive lessons (for elementary
through high school classrooms).
civics education in our community,
•Florida Law Related Education we would significantly benefit civics
Association, Inc., created in 1984 and law-related education.
with the assistance of The Florida
Bar and The Florida Bar Foundation,
works
alongside
the
legal,
education, and judicial communities
to strengthen the state’s civic
infrastructure and provide lawfocused civic education training,
curriculum materials, partnerships,
public policy models, academic
competitions, and simulations.
MYTH #4:
The actions of the lawyers and
judges of the St. Petersburg Bar
Association will be insignificant and
unable to make a real difference.
FACT #4:
If even 10% of the lawyers and
judges in the St. Petersburg Bar
Association became involved in
It is our duty and unique privilege,
as members of the legal profession,
to take an active role in non-partisan
law-focused education of the public
regarding such topics as judicial merit
retention, the function of the court
system, and the role of the Judicial
Branch within American government.
I would urge each member of the
St. Petersburg Bar Association to
get involved and to use your legal
perspective and knowledge to educate
others. Together we can make a
difference!
Erica K. Smith is an attorney at Fisher
& Sauls, P.A., where she practices in the
areas of Wills, Trusts, and Estates. She
can be reached at (727) 822-2033 or
[email protected].
13
The Potential Impact of the Trump
Presidency on Certain Labor and
Employment Laws
By Robyn Rusignuolo
No matter your political party
affiliation, one thing we can all likely
agree on is that there is a dramatic
contrast in philosophy between
President Obama and President Trump
in many respects. The area of labor
and employment law is no exception.
Under the Obama administration,
many employment-related laws and
initiatives were enacted to promote
workers’ rights, increase wages, and
even require certain employers to
provide health insurance to employees.
If President Trump’s actions in the first
few months of his presidency are any
indication, several of these laws and
initiatives will be abolished or changed.
This article explains some of the ways
employers may be impacted.
has not taken a definitive public stance
on the issue, although DOL secretary
nominee Alexander Acosta recently
questioned the legality of the rule while
testifying before a Senate Committee,
and also suggested that an increase
to annual salary of $33,000 may be
more appropriate.3) There are several
legal issues surrounding the rule’s
implementation that are currently being
challenged, but during this period of
uncertainty, employers should remain
proactive. Specifically, employers
should ensure their employees are
properly classified as exempt and
should also keep records of the hours
worked by employees with salaries
falling below $913 per week until the
issue is resolved. The DOL Overtime Rule
The Affordable Care Act
One of the Obama administration’s
more controversial reforms was the
Department of Labor’s (DOL) May 2016
overtime rule. In part, the rule raised the
minimum salary an employee must earn
in order to qualify as overtime exempt
from $455 per week to $913 per week.1
This increase was scheduled to go into
effect on December 1, 2016, and it
would have impacted an estimated 4.2
million workers.2 However, on November
22, 2016, a federal judge blocked
the rule by granting a motion for a
nationwide injunction filed by 21 states
and a coalition of business groups. The
Department of Justice is appealing the
decision, but for now the injunction is
in place, preventing the rule from taking
effect. The Affordable Care Act (ACA) was
perhaps the Obama administration’s
most significant employer-related
reform. The ACA requires, in part, that
employers with 50 or more full-time
employees, or the equivalent, provide
health insurance that is affordable and
provides minimum value to 95% of their
full-time employees and their children
up to age 26.4 Employers who fail to do
so are subject to monetary penalties.5
This “employer mandate” has been
one of the most debated elements of
the ACA.
Under the Trump administration, it
is a possibility that the $455 salary
level, which has not been increased
since 2004, will be increased, but most
likely not to $913. (President Trump
14
President Trump’s campaign centered, in part, around his promise to repeal
the ACA. Shortly after his inauguration,
House Republicans began working on
new legislation to replace the ACA, and in
March 2017, the American Health Care
Act of 2017 (AHCA) was introduced.6
The AHCA was markedly different from
the ACA. For example, it effectively
abolished the employer mandate,
allowed higher health savings account
contributions, capped certain funding
for Medicaid, and allowed insurers to
charge older customers up to five times
the premium of younger customers.7
On March 24, 2017, President Trump
and Speaker of the House Paul Ryan
withdrew the AHCA after it became
apparent it did not have enough support
to become law. For now, the ACA remains
in place although President Trump has
indicated that ACA repeal and replace
efforts will continue.8
Immigration
President Trump campaigned heavily
on strengthening immigration laws.
Shortly after his inauguration, President
Trump called for the hiring of 15,000
additional immigration agents,9 and
the Department of Homeland Security
(DHS) issued memoranda outlining
sweeping plans for immigration
enforcement
and
deportation.10
Employers could be impacted by
immigration reforms in several ways.
For example, employers may experience
increased activity related to workplace
immigration compliance, including
more workplace Immigrations and
Customs Enforcement investigations
and an attempt to mandate the use of
E-Verify, the federal government’s online
database through which employers can
verify an employee’s identity and work
authorization. In addition, DHS is taking
steps to prevent the use of fraudulent
H1B visas, including conducting onsite
investigations.11 In the meantime,
employers can be proactive with
respect to immigration compliance by
ensuring they are accurately completing
Form I-9s, complying with any E-Verify
requirements, and monitoring visa
expiration dates.
The National Labor Relations
Board
The National Labor Relations Board
(NLRB) and the laws under its purview
may also change significantly during
the Trump administration.12 During
the Obama administration, the NLRB
was widely considered to be pro-labor,
expanding workers’ and unions’ rights.
It is suspected that President Trump
will appoint more business-friendly
board members who may limit some
of the expansions granted under the
Obama administration. For example,
a new NLRB may overturn the jointemployer standard established in
Browning-Ferris Industries of California,
Inc.,13 as well as limit the expansion of
employees’ Section 7 rights.
In conclusion, President Trump’s policies
with respect to labor and employmentrelated laws differ dramatically from
those of his predecessor. Employers
may be impacted by these differences
in many ways, including, but certainly
not limited to, those listed above.14
Employers will be well-served to monitor
these areas to keep abreast of any
changes and remain compliant.
Robyn Rusignuolo is the Chief Legal
Officer and Executive Vice President
of Modern Business Associates, Inc.
(MBA), a PEO and HR outsourcing
firm headquartered in St. Petersburg,
Florida. MBA has been providing clients
nationwide with customized payroll,
benefits, risk management, and strategic
HR solutions for 20 years.
1. https://www.dol.gov/whd/overtime/final2016
2. https://www.dol.gov/whd/overtime/final2016/overtimeFinalRule.pdf
3. https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/trumpacosta-dol-overtime-rule-inflation.aspx
4. http://housedocs.house.gov/energycommerce/ppacacon.pdf
5. Id.
6. http://thehealthcareblog.com/blog/2017/03/22/the-ahca-full-text-draft
7. https://en.wikipedia.org/wiki/American_Health_Care_Act_of_2017
The Supreme Court
8. https://twitter.com/realDonaldTrump/status/848519587675201538
This article would be incomplete
without mentioning the impact of
President Trump’s appointment of at
least one justice to the United States
Supreme Court. As all Paraclete
readers know, the newly-appointed
justice (or justices) will have a lasting
and significant impact on all areas of
law, including labor and employment.
9. https://assets.donaldjtrump.com/Immigration-Reform-Trump.pdf
10. https://www.dhs.gov/executive-orders-protecting-homeland
11. http://www.reuters.com/article/us-usa-immigration-visas-idUSKBN1752CQ
12. See generally http://www.natlawreview.com/article/changing-guard-what-to-expecttrump-nlrb (outlining precedential decisions established by the NLRB during the
Obama administration that may be revised or reversed by a Trump-appointed NLRB)
13. 362 NLRB No. 186 (Aug, 27, 2015)
14. The Trump administration will likely impact other areas and key employment agencies
not detailed in this article, such as the Equal Employment Opportunity Commission
and the Occupational Safety & Health Administration.
15
Ethical Issues and Requirements
for Lawyers in Compensating
Nonlawyer Employees
By Joseph A. Corsmeier
This article will discuss the ethical
considerations for lawyers when
compensating non-lawyer employees. State Bar disciplinary rules, including
Florida Bar Rule 4-5.4(a), prohibit lawyers from sharing legal fees with nonlawyers. The Comment to The Florida
Bar Rule states, “The provisions of
this rule express traditional limitations
on sharing fees. These limitations are
to protect the lawyer’s professional
independence of judgment…” Notwithstanding this prohibition, the Bar rules
provide for exceptions.
Bonuses
Florida Bar Rule 4-5.4(a)(4) states
that “bonuses may be paid to nonlawyer
employees for work performed, and may
be based on their extraordinary efforts
on a particular case or over a specified
time period. Bonus payments shall not
be based on cases or clients brought to
the lawyer or law firm by the actions of
the nonlawyer. A lawyer shall not provide
a bonus payment that is calculated as
a percentage of legal fees received by
16
the lawyer or law firm…”
In Florida Bar Ethics Op. 02-1
(1/11/02), the lawyer requested an
ethics opinion regarding the following
question: “May I bonus a non-lawyer
employee based on the number of
hours the non-lawyer employee has
worked on a case for a particular
client?” The lawyer stated that “I would
like to bonus my employees based on
their own productivity. I would not be
utilizing any portion of the fees received
by me for that purpose.”
The opinion concluded: “Based on the rules and
opinion, the inquiring attorney
may pay the legal assistant
a bonus based on the legal
assistant’s extraordinary efforts
on a particular case or over a
specific period of time. While
the number of hours the legal
assistant works on a particular
case or over a specific period
of time is one of several
factors that can be considered
in determining a bonus for the
legal assistant, it is not the
sole factor to be considered.
It must be remembered that
the rule allows a bonus to be
paid to a nonlawyer based
on “extraordinary efforts”
either in a particular case or
over a specific time period.
A bonus which is solely
calculated on the number of
hours incurred by the legal
assistant on the matter is
tantamount to a finding that
every single hour incurred was
an “extraordinary effort”, and
such a finding is very unlikely
to be true. Therefore, unless
every single hour incurred by
the legal assistant was a truly
extraordinary effort, it would be
impermissible for the inquiring
attorney to pay a bonus to his
legal assistant calculated in the
manner the inquiring attorney
has proposed. However, the
number of hours incurred by the
legal assistant on the particular
matter or over a specified time
period may be considered by the
lawyer as one of the factors in
determining the legal assistant’s
bonus.” (emphasis added).
Pension, Profit Sharing, and
Retirement Plans
Florida Bar Rule 4-5.4 (b) states
that a “lawyer or law firm may include
nonlawyer employees in a qualified
pension, profit-sharing, or retirement
plan, even though the lawyer’s or law
firm’s contribution to the plan is based
in whole or in part on a profit-sharing
arrangement.”
ABA Informal Opinion 1440 also
states that a compensation plan
proposed for an office administrator
which relates to the net profits and
business performance of the firm and
not to specific fees does not violate the
model rules. New York State Bar Assoc.
Ethics Op. 887 (2011) states that a
law firm may pay a marketing employee
a bonus based on the firm’s profits,
the profits of a department, or as a
percentage of the marketer’s salary;
however, the bonus cannot be based
on referrals of specific legal matters
or on firm profits from cases that the
marketer brought to the firm. District of
Columbia Ethics Op. 322 (2004) states
that a nonlawyer employee may not be
paid a bonus based on fees the firm
receives from specific cases, but may
be paid a bonus based upon the firm’s
overall profitability. Referrals
Unless there is an exception,
lawyers are prohibited from paying
nonlawyers based on the referral of
specific clients to the firm. Florida Bar
Rule 4-1.17(b) states that a lawyer
“may not give anything of value to a
person for recommending the lawyer’s
services, except that a lawyer may
pay the reasonable cost of advertising
permitted by these rules, may pay
the usual charges of a lawyer referral
service, lawyer directory or other legal
service organization, and may purchase
a law practice in accordance with rule
4-1.17.”
A lawyer cannot circumvent the rules
by providing non-monetary “gifts.” Such
gifts would most likely be something “of
value” under Florida Bar Rule 4-1.17(b)
and would be prohibited under that rule.
The key issue is whether something “of
value” is exchanged for future referrals. something “of value” to accounting
firm; Pennsylvania Bar Association in
Op. 2005-81 states that a lawyer may
not give a nonlawyer employee a paid
day off for referring a new client to the
firm; and Connecticut Informal Ethics
Op. 92-24 (1992) states that a lawyer
may not give indirect benefits, including
gifts, to a client who made referrals to
a lawyer.
Lawyers must be aware of the Bar
rules governing compensation to nonlawyers to fully comply with the Bar rules
and avoid an unintentional violation.
Joseph A. Corsmeier is a MartindaleHubbell “AV” rated attorney who
practices in Clearwater, Florida. His
practice consists primarily of the defense
of attorneys and licensed professionals
in disciplinary and admission matters,
expert analysis and opinion and court
testimony on ethics and liability issue,
and estate planning.
Examples include: Maryland Ethics
Op. 2000-35 (2001) states that lawyers
who participate as panelists in seminars
offered by accounting and financial
services companies, in exchange for
referrals, could be interpreted as giving
17
A Great Day of Sun, Sand, and Volleyball!
YLS Beach Volleyball Tournament
Held March 25, 2017
Thank You Sponsors:
The Florida Bar
Young Lawyers Division
18
A Wonderful Evening to Honor
Our History
Past Presidents’ Reception
SPONSORED BY:
March 23, 2017
March Membership
Luncheon
The St. Petersburg Bar Association
Celebrated and Honored
Membership/Program Coordinator
JoAnn Knight
for her 30 Years of Service!
Thank You for your many years of
dedicated service JoAnn!
19
is a non-profit corporation formed in 1989 by members of the St. Petersburg Bar
Association concerned about the civil legal needs of low income residents
of Southern Pinellas County, Florida. Over the years, CLP has recruited a
panel of approximately 400 St. Petersburg area attorneys who provide free
assistance to thousands of people in need of civil legal assistance each
year. To volunteer for pro bono service, contact Community Law Program
at 727-582-7480.
By Kimberly Rodgers
Family Law Video Project
Community Law Program is pleased to
announce the launch of a new initiative
designed to educate the general public,
particularly pro se litigants, involved in
family law proceedings. Statistics from
the Pinellas County Justice Odyssey
Case Management System show that
of the 12,007 family law cases filed in
Pinellas County in 2016, 9,764 (81%)
involved pro se petitioners; 10,566
(88%) involved pro se respondents.
These statistics, coupled with our
personal observations of the clients we
serve, reveal an overwhelming number
of unrepresented litigants. The vast
majority do not have a clue about the
law or what they have to do to advance
their case once filed. For instance, if I
had a dollar every time a pro se family
law litigant told me that he or she had
filed his or her case but the court has
not yet called to set a hearing, I would
be very wealthy.
While representation by an attorney
is the ideal remedy to this problem,
not everyone can afford an attorney.
Moreover, legal aid and pro bono
organizations like ours have limited
resources. As a result, we must
prioritize by providing representation to
those most in need.
There are many other resources
available to help pro se litigants
proceeding in family law, such as the
Clerk’s Self Help Centers and our family
law clinics, but more can and should be
done to help people, not only access
the courts, but also effectively navigate
through the court process.
At first glance, this appears to be a
simple project. Topics for videos of this
nature are seemingly endless. Some
videos that could be useful may also
already exist. In addition, some would
think that all we need is a lawyer who
likes to talk (and we all know plenty of
them), an iPhone, and YouTube, right?
Wrong.
Our new video project is aimed at
providing an additional resource in a
technologically relevant and effective
way. We plan to accomplish this by
developing and producing a series
of 5 – 10 minute videos on a variety
of topics, including but not limited to,
First, this project should be a
collaborative and circuit-wide effort.
I want us to involve members of the
Family Law Judiciary, the private bar,
the legal aid community, court &
clerk personnel, and others so we
can collectively decide on the scope
MEDIATION
Florida Supreme Court
Certified for Circuit Civil
and Federal Mediations
20
basic principles in divorce law, case
progression, preparation for court,
alternative dispute resolution, etc.
Once completed, we will have a tool
(or a set of tools) that could help far
more people than we could ever hope
to assist directly.
Christopher C. Ferguson
770 Second Avenue South
St. Petersburg, Florida 33701
Telephone: (727) 823-5000
Facsimile: (727) 894-1023
Email: [email protected]
floridamediators.org (scheduling)
and content of each video. Next, we
will need scriptwriters for each video
and someone to be featured in each
video. Next, we need the videos to be
produced professionally and in a format
that is available and accessible to the
hearing impaired and to non-English
speaking people. We will need funding
and/or in-kind videography support for
this phase of the project. Finally, once
the videos are produced, I would like
all of our stakeholders to have links to
them on their websites, especially the
court and clerk sites. Beyond that, it
would be incredible if the court could
then adopt an administrative order that
would require people proceeding pro se
to view the videos.
Accomplishing all of this is likely to
take some time, but I am pleased that
we are beginning the process. Local
family law attorney, Rachael Stanger,
who also serves on CLP’s board of
trustees and is chair of our programs
Speaking of Technology
Now, thanks to generous financial
contributions from local attorneys,
Raleigh “Lee” Greene and Stewart
Olson, CLP was able to purchase
a wireless projector and a laptop
for this class. We now use this new
technology in conjunction with a stepby-step PowerPoint presentation, which
was prepared by Brigette Perl, a May
2017 graduate of Stetson University
College of Law, when she interned with
our office.
I am also happy to announce that
CLP’s Divorce Forms Class has entered
the 21st Century! For years, CLP has
helped pro se litigants complete all
the Supreme Court approved Family
Law Forms needed to start a divorce
by holding a class each month at our
office. During this class, a volunteer
attorney would go over each form using
an overhead projector and the forms on
transparencies.
The added benefit to having this new
technology is that it makes it easier for
an attorney otherwise unfamiliar with
family law as well as a non-attorney
to participate in this clinic and/or
otherwise help pro se litigants complete
forms through our organization. If you
would like to get involved with our family
law forms clinic, please contact Linda
Ramirez at [email protected] or
at (727) 582 – 7837.
subcommittee, is going to help start this
process. Rachael will be reaching out to
folks whom we think might want to be
involved with this process. If you would
like to join our planning committee,
please contact Rachael Stanger at
[email protected], or at
(727) 898 – 5203. Our kickoff meeting
for this endeavor will take place soon.
Stay tuned for updates!
GREENE & GREENE
Raleigh “Lee” Greene
Megan M. Greene
Raleigh “Billy” Greene
Your Tampa Bay Attorneys for:
Trust Litigation
Probate Litigation
Family Law
Fiduciary Disputes
Collaborative Law
Guardianships
(727) 821-2900
401 Fourth Street North, St. Petersburg, FL 33701
21
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23
Back by popular demand, and in
support of Women’s Health Month,
PFAWL is holding its May Social and
Annual Membership Drive on May
2, 2017 from 5:00 p.m. – 8:00 p.m.
at Nouvelle Beauty Bar, 475 Central
Avenue, St. Petersburg. Please join us
for an evening of pampering, drinks,
appetizers, delightful company, and
the opportunity to get to know PFAWL!
This event sells out early every year.
Don’t miss out! Further details will be
provided on Facebook and our website
– www.pfawl.org. Thank you to Event
Sponsors, U.S. Legal Support and
BB&T Wealth!
On Monday, May 8, 2017, PFAWL’s
YLD will be hosting a Makers’ Fair
as part of a community outreach
program. Funding is provided through
an AOC grant. The event will be held at
Maximo Elementary, 4850 31st Street
South, St. Petersburg, for children in
Kindergarten through Fifth grade from
6:00 p.m. – 8:00 p.m. The program will
expose and inspire children in the areas
of science, technology, engineering,
and mathematics (STEM) through
the use of fun, hands-on, age-based
activities. Volunteers are needed!
Please contact Megan Hurchalla at
[email protected] with any
questions regarding the event.
Our parent organization, The Florida
Association for Women Lawyers, will be
holding several events in conjunction
with The Florida Bar Annual Meeting
on June 21, 2017 to June 24, 2017 at
the Boca Raton Resort & Club. Events
include a CLE on MicroInequities: The
Power of Small, a cocktail reception, the
annual installation and awards gala, and
a board of directors meeting. Please
check their website – www.fawl.org – for
further details. Hope to see you there!
PFAWL will be holding our June Social
24
on Tuesday, June 6, 2017, from 6:00
p.m. – 8:00 p.m. – location TBD. Please
check our website – www.pfawl.org –
and Facebook for further details. Our
events wouldn’t be possible without
the support of our sponsors. PFAWL
truly appreciates our Annual Sponsor,
The Fran Haasch Law Group; as well
as the Event Sponsors of our March
Social and Technology CLE, Hamilton
Law, Imagine Home Organization, and
the Container Store; and April Social
sponsor, Clarity Finances.
PFAWL is devoted to actively
promoting the advancement of women
in the legal profession and furthering
the common interests of its members
by encouraging camaraderie and
learning. PFAWL is committed to
issues concerning our legal community,
especially the challenges women
encounter within it. PFAWL seeks to
promote women’s opportunities and
rights by enhancing the visibility of
women within the legal profession and
within communities by creating and
maintaining supportive networks among
women in legal and other professions.
Membership in our organization is open
to every attorney and law student that
supports the organization’s mission,
and we encourage both men and
women to participate in and attend
our socials and events. Join or renew
your PFAWL membership today and
get up to two months of membership
FREE!
For membership inquiries,
please contact Laura Jo Lieffers at
[email protected]
or visit www.pfawl.org.
Bottom row from left to right: The Honorable Pamela Campbell of the Sixth Judicial
Circuit; Kristina Feher, PFAWL Secretary; Shavarne Dahlquist, PFAWL Public Relations
Director; and Katherine Yanes, President of the Federal Bar Association Tampa Bay
Chapter. Top row from left to right: Chloe Wells, FAWL at Stetson President; and
Natalie Yello, Ms. JD Fellow
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We pay referral fees in accordance with
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25
By Christopher M. Pietruszkiewicz
Dean and Professor of Law, Stetson University College of Law
Stetson Law Partners with Bay Pines VA Healthcare
System, Bay Area Legal Services, and Gulfcoast Legal
Services to Help Veterans
In previous Paracelete columns, I
have written to express my appreciation
to the members of the St. Petersburg
Bar Association for your ongoing pro
bono work with our Veterans Law
Institute and Veterans Advocacy Clinic.
Your legal expertise is invaluable
to our students, as the clinic provides
representation to Tampa Bay area
veterans appealing VA decisions that
26
deny them from receiving disability
benefits.
I have also written that our VLI is
believed to be the first law school to
have a partnership with a medical
school. In 2013, Stetson Law and the
University of South Florida (USF) Health
teamed our law students with medical,
nursing, public health, pharmacy, and
physical therapy students to provide
combined services for veterans.
On February 15, Stetson took another
major step forward in our services for
veterans as I signed a new medicallegal partnership.
Stetson University College of Law’s
Veterans Law Institute has joined
forced with the Bay Pines Veterans
Administration Healthcare System, Bay
Area Legal Services, and Gulfcoast
Legal Services.
Qualifying low-income veterans in
the area will have greater access to
free civil legal services through this new
partnership. Veterans can secure legal
assistance for non-criminal offenses in
a range of areas, from veterans benefits
and Social Security disability benefits to
family law matters, guardianship, and
landlord-tenant disputes.
This agreement allows Stetson
Law students to provide additional
services for veterans by working
with social workers at the Veterans
Administration and two of our graduates
who now serve as legal aid attorneys
– Cherilyn Hansen ’16 and Julie Ann
Embler ’14.
Cherilyn is an Equal Justice Works
Fellow at Gulfcoast Legal Services,
helping veterans with their VA
disability benefits. Julie provides civil
Stetson Law Dean Christopher Pietruszkiewicz signs a new medical-legal
partnership on Feb. 15 at Bay Pines VA.
legal services to veterans through Bay
Area Legal Services.
This is another historic milestone in
Stetson’s commitment to help serve
those who have served us so well.
If you would like to work with our law
students, help our military veterans,
learn more about our project, or donate
to our VLI, please visit www. stetson.
edu/law/veterans. Thank you.
Associate Professor of Legal Skills
and Director, Veterans Advocacy Clinic,
Stacey-Ray Simcox counsels a veteran
regarding a disability claim.
L-R Stetson Law student & clinic volunteer-Joshua Miller, Julie Ann Embler ’14, Dean Pietruszkiewicz, Cherilyn Hansen ’16
27
The mission of the St. Petersburg Bar Association is to fund,
develop and promote efforts which enhance the legal
profession and encourage better public understanding
and access to the judicial sysem.
By Beth Jenkins Casey
Holidays In July: The Most Wonderful Time of the Year
officially a family now. Holidays in
July was a part of a joyous day in
the life of this family – what an
awesome thing to be a part of!
“It’s the most wonderful time of the
year,” says Andy Williams. While Mr.
Williams was talking about Christmas,
I like to think his phrase also applies to
Holidays in July. What is Holidays in July,
you ask? That’s an excellent question.
Every year, the St. Petersburg Bar
Foundation and the St. Petersburg Bar
Association’s Young Lawyers Section
produces a day of fun and frivolity for
foster children and their foster families.
The children who attend have gone
through tough times and dealt with
more than any child should be asked to
deal with. So, creating a time and place
for them to relax, be kids, and bond with
their foster families is the goal.
The Holidays in July committee
arranges for the families to come to
Sunrise Lanes for bowling, lunch, gifts,
and a visit from one of our local sports
mascots. Last year, we raised enough
money that each child also received
tokens for the newly-renovated game
room – which was a very popular addition
to the day. When the families arrive, they
are partnered with a volunteer (usually
a member of our legal community) who
will help them get set up and guide
them through the day. After they bowl
28
for a while, they are called for lunch time
in the snack bar. After lunch, they can
return to bowling or spend time in the
game room. During the afternoon, the
groups are called to the gift room where
each child is able to select a gift to take
home. The delight on the children’s
faces as they see the mounds of gifts
and the seriousness with which they
approach their gift selection, is a delight
to watch.
Some of the foster children will be
re-united with their biological parents
and their stay with their foster families
is only temporary. For other children, it
will be a longer journey to a permanent
home. One of my favorite Holidays in July
memories is from several years ago.
Two foster parents came up to thank us
for putting the day together. They and
their foster children (two brothers and
a sister) had previously attended the
event and everyone had really enjoyed
it. When the children heard the event
was to be held again, they were excited
and looking forward to the day. Their
foster parents shared with us that they
were taking this special day to tell the
children that their adoption paperwork
had gone through and that they were
The above moment was
exceptional but there are many
other moments each year that
make being a part of Holidays in
July one of the best times of the
year, seeing a child smile a genuine
smile, seeing foster parents be
able to spend time with and relate to
their foster children, just being able
to make life easier, and hopefully fun,
for everyone. Providing an opportunity
for everyone to relax and enjoy time
together is a truly rewarding experience.
This is an amazing event and one
that I have had the privilege of being
involved with for the last six years but
it would not be possible without the
continuing support of the St. Petersburg
legal community. We are always in
need of volunteers for the event itself,
donations of toys and gift cards, and,
of course, monetary sponsors. You
will start seeing information about
sponsorship opportunities and I would
ask you to please consider supporting
this incredible event this year.
Beth Jenkins Casey is an Assistant
Director of Career Development at
Stetson University College of Law. She is
a graduated from the University of Florida
with her B.S. in Journalism and received
her Juris Doctor from Stetson Law in
2009. Prior to returning to Stetson, she
had the privilege of practicing marital
and family law with her father, Ernest
Jenkins at Jenkins & Kaiser, P.A.
29
By Stephen Lewellyn
As the bar year comes to an end,
I wanted to take this opportunity to
say it has been an honor to serve as
your YLS Chair this year. The YLS has
been quite active and I am proud of our
accomplishments. Early this year we
presented a grant to the Florida Bar YLD
at the Affiliate Outreach Conference to
fund a new project and partnership
with the Unified Family Court. We were
awarded over $1,700 to help fund the
project, which provides children with
fun activities while visiting the court
to help reduce stress caused by going
through dependency court proceedings.
We also held an amazing Triva Night
event to promote diversity and inclusion
within our bar and legal community.
Additionally, we held an inaugural YLS
volleyball tournament to promote health
and wellness. The volleyball tournament
was held at Gulfport Beach and it was
an amazing day filled with friendly
competition. A big thank you to Judge
Hessinger, Judge Minkoff, and Judge
Helinger for being line judges!
These are only a few of our accomplishments this year and we could
not have achieved them without the
dedication of our amazing committee.
Thank you, Steven Cozzi, Megan
Jarrett, Joe Murphey, Lauren Pulido,
Megan Roach, Lauren Rubenstein, and
Alexandra Taylor for helping to make this
such a great bar year. We truly could not
have done it with without your help!
Finally, I am looking forward to next
year under the leadership of Lauren
Rubenstein as our YLS Chair. Over
the past couple of years, I have had
the pleasure and honor to work with
Lauren in planning and executing YLS
programming. Lauren has tremendous
vision and we are very are lucky to have
her as our next YLS Chair. Thank you,
again, for such a great year!
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MAKE YOUR DIVORCE AGREEMENTS
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As a team with a Certified Divorce Financial analyst, we specialize in financial issues specific to divorce.
By analyzing the financial outcomes of multiple settlement scenarios, we can show you the long-range
projections of what is being offered and what alternatives are available to both parties.
Contact Marcy Person, CDFA™ at 727.567.1808 or [email protected].
MARCIA F. PERSON, CDFA™
Senior Vice President, Investments
[email protected]
SEAN C. KELLY, CFP®, CIMA™
Senior Vice President, Investments
[email protected]
ROSS D. PREVILLE, WMS
Senior Vice President, Investments
[email protected]
DANIEL H. KELLY, WMS
Associate Vice President, Investments
[email protected]
One Progress Plaza, Suite 165 // St. Petersburg, FL 33701 // P 727.551.5222 // TF 800.624.6369 // stpetewealth.com
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31
May/June 2017
What’s Up &
Who’s New
International law firm Greenberg
Traurig, P.A. has expanded its
Intellectual Property Practice
with the addition of Woodrow H.
Pollack as a Shareholder in the
Tampa office. Pollack will be a
member of the firm’s Intellectual
Property & Technology Practice
Group. Pollack, a registered
patent attorney, devotes his
practice exclusively to intellectual
property and is focused on
litigating complex patent,
trademark, copyright, trade
secrets, and other intellectual
property disputes. He also has
extensive experience in both
patent and trademark prosecution
and licensing.
Proctors for the February
2017 Bar Examination
The Florida Board of Bar
Examiners wishes to acknowledge
with appreciation the following St.
Pete Bar member volunteers for
their assistance in proctoring the
Bar Examination held February
21-22, 2017, at the Tampa
Convention Center:
William D. Bonezzi, Michelle T.
Fanger, Kristina E. Feher, Christina
Z. Pacheco, and Rocky L. Rinker.
The success of the examination
was due in no small part to their
able assistance.
32
New & Reinstated Members
BURGESS, CHAD
101 E. Kennedy Blvd., STE 3700
Tampa, FL 33602-5195
Phone: 813-222-8733;
Fax: 813-221-2900
Email: [email protected]
Undergraduate degree from St.
Petersburg College; J.D. from Stetson
University College of Law. Admitted to
The Florida Bar in 2013. Mr. Burgess
is an associate at Hill Ward Henderson
P.A.
COSTA, CAITLIN E.
2102 W. Cleveland St.
Tampa, FL 33603-1722
Phone: 813-253-3363;
Fax: 813-253-2553
Email: [email protected]
B.S. from University of Central Florida;
J.D. from Stetson University College
of Law. Admitted to The Florida Bar in
2014. Ms. Costa is an associate at
Michael P. Maddux, P.A.
GILBERT, MICHELLE G.
2313 W. Violet St.
Tampa, FL 33603-1423
Phone: 813-443-5087;
Fax: 813-443-5089
Email: [email protected]
B.A. from University of South Florida;
J.D. from University of Notre Dame.
Admitted to The Florida Bar in 1986.
Ms. Gilbert is a partner in Gilbert
Garcia Group, P.A.
GOSSARD, MOLLY
405 6th St. S., Suite 102
St. Petersburg, FL 33701-4446
Phone: 727-502-2304
Email: [email protected]
B.A. from Ohio Northern University;
J.D. from Stetson University College
of Law. Admitted to The Florida Bar in
2006. Ms. Gossard is an associate
with Boyer & Boyer, P.A.
JONES, CHRISTOPHER RYAN
360 Central Ave., STE 1000
St. Petersburg, FL 33701-3878
Phone: 727-898-8100;
Fax: 727-895-4838
Email: [email protected]
B.B.A. from University of Georgia; J.D.
from Stetson University College of
Law. Admitted to The Florida Bar in
2006. Mr. Jones is a partner at Traub,
Lieberman, Straus & Shrewsberry, LLP.
MIKSIS, ARTHUR M.
5109 Central Ave.
St. Petersburg, FL 33710
Phone: 727-367-1080;
Fax: 727-367-9940
Email: [email protected]
B.S. from Boston University; J.D.
from Florida Coastal School of
Law. Admitted to The Florida Bar in
2010. Mr. Miksis is an associate at
McDermott Law Firm, P.A.
OCKER, AMANDA K.
7701 Tampa Point Blvd.
Tampa, FL 33621-5323
Phone: 813-826-8080
Email: [email protected]
B.B.A. from University of Kentucky; J.D.
from University of Cincinnati. Admitted
to the Ohio State Bar. Ms. Ocker
is employed by the Department of
Defense as a Contract Specialist.
PERRON, ANDRE
3119 Manatee Ave. W.
Bradenton, FL 34205-3350
Email: [email protected]
B.A. from Tulane University; J.D. from
Quinnipiac. Admitted to The Florida
Bar in 1987. Mr. Perron is a partner
at Barnes, Walker, Goethe, Hoonhout,
Perron & Shea, PLLC.
RANDLE, JATINIQUE
8800 Hidden River Pkwy.
Tampa, FL 33637-1028
Phone: 813-604-4419;
Fax: 813-604-4410
Email: [email protected]
Undergraduate degree from University
of South Florida; J.D. from Howard
University School of Law. Admitted to
The Florida Bar in 2016. Ms. Randle is
employed as a Contract Specialist at
Citibank, N.A.
STINSON, SHERRI
6685 13th Ave. N., STE 2C
St. Petersburg, FL 33710
Phone: 727-381-9800;
Fax: 727-381-1115
Email: [email protected]
B.A. from Emory University; J.D. from
University of Florida Levin College of
Law. Admitted to The Florida Bar in
2004;. Ms. Stinson is an associate at
Deeb Elder Law.
TODD, JENNIFER L.
2913 Busch Lake Blvd.
Tampa, FL 33614-1860
Phone: 813-931-8111;
Fax: 813-935-1219
Email: [email protected]
B.S. from University of South
Florida; J.D. from Nova Southeastern
University. Admitted to The Florida Bar
in 2006. Ms. Todd is an associate with
Rechel & Associates, P.A.
WHEELER, VALENTINA
P.O. Box 22291
St. Petersburg, FL 33742-2291
Phone: 727-300-9667;
Fax: 727-202-9944
Email: [email protected]
Undergraduate degree from Clarion
University of Pennsylvania; J.D. from
Thomas M. Cooley. Admitted to The
Florida Bar in 2016. Ms. Wheeler is a
sole practitioner at Wheeler Law Firm,
PLLC.
STUDENT MEMBERS
CAULEY, JESSICA
Email; [email protected]
Undergraduate degree from University
of Florida. Ms. Cauley is currently
attending Stetson University College
of Law.
CERIALE, MATTHEW
Email: [email protected]
B.S. from University of Central Florida.
Mr. Ceriale is currently attending
Stetson University College of Law.
WOLD, MARY
Email: [email protected]
B.S from Florida Southern College;
Ms. Wold is employed by SNF
Professional Physicians and is
currently attending Stetson University
College of Law.
Classifieds
OFFICE SPACE:
EJANKOWSKI, CHELSEA L.
Email: [email protected]
Undergraduate degree from Florida
State Universy. Ms. Ejankowski is
currently attending Stetson University
College of Law.
FRANCISCO, MAVIC
Email: [email protected]
B.S. from University of South Carolina
– Columbia. Ms. Francisco is currently
attending Stetson University College
of Law.
GARCIA, JOSE G.
Email: [email protected]
Undergraduate degree from University
of Central Florida. Mr. Garcia is
currently attending Stetson University
College of Law.
KEEGAN, JORDAN
Email: [email protected]
B.A. from Evangel University.
Ms. Keegan is currently attending
Stetson University College of Law.
SHEEHAN, GARRETT D.
Email: [email protected]
B.A. from University of South Florida.
Mr. Sheehan is currently attending
Stetson University College of Law.
SPECIHER, SARAH
Email: [email protected]
B.A. from Temple University.
Ms. Speicher is currently attending
Stetson University College of Law.
ST. PETERSBURG: Convenient conference
space available, right off interstate 175
at 405 6th Street South, 6 blocks from
courthouse, 1 block from hospitals. Free
Parking! Call 727-894-3262.
ST. PETERSBURG & 275 at 54th Avenue
North: Offices available to sublet within
our suite. Welcoming reception area with
receptionist, beautiful conference room,
kitchen, fax, copier, wireless internet and
more. Very convenient to St. Pete and
Tampa courthouses. Month to month or
long term welcome. Call Melissa @727343-8959 or [email protected].
ST. PETERSBURG: Senior Estate Planning
Attorney has space available to share in
standalone office, West St. Petersburg.
Common use of reception area, conference
room, and break/file room. Perfect for
sole practitioner and assistant. Wireless
internet. Private parking area. Call 727344-5520.
ST. PETERSBURG: Senior Practitioner
has office space for lease with amenities.
Large offices less than 1 block from St.
Petersburg Courthouse with assigned off
street parking space. Common use of
reception area, Florida library, closing and
break rooms, utilities except telephone,
included. Contact Joe Lang 727-894-0676
for more details.
ST. PETERSBURG – West Central Office:
Space sharing available for up to two
attorneys with support staff. Some referral
work for attorney with family law practice
from retiring family law attorney. 5536
Central Avenue. Contact Michelle at 727381-0070.
Classified Advertising is available to St. Pete
Bar Members for $25 per month, up to 50
words. The cost for Non-Members is $50
per month. For ads over 50 words – add $1
per word. Contact JoAnn Knight, Paraclete
Advertising at [email protected] for
more information.
33
Bar and Court
NEWS
Association of Legal Administrators –
Suncoast Chapter
The Suncoast Chapter of the ALA meets on the
second Wednesday of each month for the meetings held
in Tampa and on the second Thursday of each month for
the meetings held in St. Petersburg. For more information
please contact Meetings/Education Chair, Terri Johnson
at [email protected] or visit the ALA website at
http://alasuncoast.org/ for more information.
Date:
Time:
Program:
Location:
Thursday, May 10, 2017
11:30 a.m. – 1:00 p.m.
General Membership Meeting
Tampa, FL – To be announced
Date:
Time:
Program:
Location:
Thursday, June 9, 2017
11:30 a.m. – 1:00 p.m.
General Membership Meeting
Tampa, FL – To be announced
The PACDL meets the third Thursday of each month at
the Pinellas County Justice Center from 12:00 to 1:00
p.m. Lunch is provided for members. Meetings are open
to members and those who come to join. We usually have
one hour of CLE. Memberships are also available for law
students. For more information on PACDL please contact
Bruce Denson at [email protected] or (727)
896-7000. Visit: PACDL.com for more information.
Pinellas County Chapter of
The Paralegal Association Of Florida
Monthly meetings for the Pinellas County Chapter of
PAF, Inc. are on the second Tuesday of each month.
Paralegals, student paralegals, non-members and
attorneys are always welcome. For further information
or to make reservations, please contact Erin Garcia at
[email protected]. For more information on the local
chapter contact Ellie Glenn, President at ellie1578@
hotmail.com or visit the Paralegal Association of Florida
website at http://pinellas.pafinc.org.
Date:
Time:
Speaker:
Topic:
Tuesday, March 9, 2017
5:30 p.m. Networking – 6:00 p.m. Dinner
Kit E. Van Pelt, Esq.
Ethics - TBD
PFAWL meets on the 1st Tuesday of each month
at 6:00 p.m. at different locations each month. No
RSVP is needed. For more information on events
contact Membership Socials Director, Erica Pless
at [email protected]. For membership
inquires contact Membership Director, Laura Jo Lieffers
at [email protected]. The next
social is:
Date: Time:
Speaker
Topic:
Tuesday, June 13, 2017
5:30 p.m. Networking – 6:00 p.m. Dinner
Brandon D. Bellew, Esq.
Lost Will Issues
Meeting
Location:
Crafted Plate at the Marriott
12600 Roosevelt Blvd. N.
St. Petersburg, FL 33716
Date:
Time:
Program:
Drive
Location:
SAVE
THE DATE:
PAF Fall Seminar
September 15-17, 2017
at Sheraton Sand Key
Nouvelle Beauty Bar
475 Central Ave.,
St. Petersburg, FL 33701
Date:
Time:
Program:
Location: Tuesday, June 6, 2017
6:00 – 8:00 p.m.
June Social
To be announced.
Pinellas County Chapter of the Florida
Association For Women Lawyers
34
Pinellas Association of Criminal Defense
Lawyers
Tuesday, May 2, 2017
5:00 – 8:00 p.m.
May Social and Annual Membership
St. Petersburg Association of Legal
Support Specialists (SPALSS)
Please join us for dinner and camaraderie at our next
meeting. For more information about the meetings or
SPALSS, or to RSVP please contact Debora Shirley,
President at (727) 417-0524. There are no meetings
during May and June 2017.
35
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