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MAY 2012 LAWYER Cover Layout 1 Lawyer THE HILLSBOROUGH COUNT Y BAR ASSOCIATION TAMPA, FLORIDA | MAY 2012 VOL. 22, NO. 6 Don’t Let your Clients’ Insurance Coverage Get Blown Away Insurance Law is a highly specialized area of practice. With almost 30 years of experience in coverage and bad faith litigation, Lee Gunn can help your valued client hold an insurer to its promises. INSURANCE COVERAGE BAD FAITH MEDICAL MALPRACTICE SERIOUS PERSONAL INJURY PRODUCTS LIABILITY GUNN LAW GROUP Client Referrals...One of the Most Important Decisions You’ll Ever Make CIVIL TRIAL ATTORNEYS 400 North Ashley Drive, Suite 2050 Tampa, FL 33602 Toll Free: 866.GUNNLAW Ph 813.228.7070 F 813.228.9400 [email protected] www.gunnlawgroup.com IN THIS ISSUE may divisions features 28 INTERNATIONAL WOMEN’S 28 7 DAY SYMPOSIUM by Caroline Johnson Levine 32 THE THIRTEENTH JUDICIAL CIRCUIT 2012 PRO BONO SERVICE AWARD WINNERS by Rosemary E. Armstrong events 3 CHALLENGES Editor’s Message 43 TRIAL & LITIGATION by Grace H. Yang QUARTERLY LUNCHEON 4 DOING OUR PART TO 51 HCBA LEADERSHIP EDUCATE FLORIDA VOTERS INSTITUTE VISITS HCBA President’s Message MACDILL AIR FORCE BASE by Pedro F. Bajo, Jr. 43 6 DURANT WINS JUDGE SIMMS MOCK TRIAL COMPETITION YLD President’s Message by Jacqueline R. Ambrose 8 BANNER YEAR FOR HCBA PRO BONO SERVICE Executive Director’s Message by John F. Kynes 10 EXCUSABLE CRIMES State Attorney’s Message by Mark A. Ober 12 THE OTHER SHOE FINALLY DROPPED 51 From the Clerk of the Circuit Court by Pat Frank about us HILLSBOROUGH COUNTY BAR ASSOCIATION Editor OFFICERS & DIRECTORS Grace H. Yang President Pedro F. Bajo, Jr. President-Elect Robert J. Nader Executive Director Immediate Past President John F. Kynes Amy S. Farrior awyer Secretary Alysa J. Ward Treasurer Robert J. Scanlan L Ex-Officio Russell M. Blain ADVERTISING Chester H. Ferguson Law Center PR/Communications Coordinator J. Carter Andersen Benjamin H. Hill, IV Kristin A. Norse Colette K. Black S. Gordon Hill John A. Schifino 1610 N. Tampa Street, Tampa, FL 33602 Dawn S. McConnell, CAE Deborah C. Blews Susan E. Johnson-Velez Laura E. Ward Telephone (813) 221-7777, FAX (813) 221-7778 [email protected], (813) 221-7779 Kevin M. McLaughlin (ISSN 1553-4456) THE HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer is published in September, November, December, February, March, May and June by the Hillsborough County Bar Association. Editorial, advertising, subscription, and circulation offices: 1610 N. Tampa Street, Tampa, FL 33602. Changes of address must reach the Lawyer office six weeks in advance of the next issue date. Give both old and new address. POSTMASTER: Send change of address notices to Hillsborough County Bar Association, 1610 N. Tampa Street, Tampa, FL 33602. One copy of each Lawyer is sent free to members of the Hillsborough County Bar Association. Additional subscriptions to members or firm libraries are $50. Annual subscriptions to others, $100. Single copy price, $15.00. (All plus tax.) Write to HCBA, 1610 N. Tampa Street, Tampa, FL 33602. The Lawyer is published as part of the HCBA’s commitment to provide membership with information relating to issues and concerns of the legal community. Opinions and positions expressed in the articles are those of the authors and may not necessarily reflect those of the HCBA. Submissions of feature articles, reviews, and opinion pieces on topics of general interest to the readership of the Lawyer are encouraged and will be considered for publication. MAY 2012 | HCBA LAWYER 1 IN THIS ISSUE may 38 TRANSITIONING FROM WAR sections TO THE WORKPLACE committees Labor & Employment Section by James R. Douglass 40 HOW TO PREPARE FOR 24 AND CONDUCT A 22 SUCCESSFUL MEDIATION Marital and Family Law Section by Seth R. Nelson 42 THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION ACT Mediation and Arbitration Section by Vivian Arenas-Battles 17 CONSIDERING CROSS-APPEALS 44 ADVICE FROM AROUND Appellate Practice Section THE ASSOCIATION ON by Caroline Johnson Levine HOW TO RETAIN CLIENTS 18 IS NOTICING A CRACK Solo/Small Firm Practitioner REALLY “NOTICE”? Section by James A. Schmidt and S.M. David Stamps, III Construction Law Section 22 FATHER-SON TAMPA by Katherine L. Heckert 46 THE LLC UNLEASHED - FIREFIGHTERS AFFIRM 20 THE LEGAL TEAM - THE S-HYBRID-LLC VALUES OF FATHERS DAY COLLABORATION ON Tax Law Section Diversity Committee EMPLOYMENT ISSUES by Justin J. Klatsky by Luis Viera Corporate Counsel Section 49 ARBITRATION AGREEMENTS IN by Cal Everett and Ignacio Garcia THE DOC’S OFFICE: FAIR GAME? 24 HIPAA 5010: WHAT YOU Trial & Litigation Section professional NEED TO KNOW FOR YOUR by Charles T. Moore HEALTHCARE CLIENTS 50 JURISDICTION AND COVERAGE Health Care Law Section Workers’ Compensation Section development by Jessica Cohen by Anthony V. Cortese 26 DRAFTING BOILERPLATE 14 MARKETING YOUR FOR INTELLECTUAL LEGAL SERVICES IN A PROPERTY LICENSES CHALLENGING ECONOMY Intellectual Property Section Professional Development by Rachel Marks Feinman by Robert Shimberg about the cover in every issue The stars and stripes on the American flag and the seal on the state of Florida 21 100 CLUB flag fly in the breeze along the Hillsborough River. The building featured on 39 BENEFIT PROVIDERS the cover was the third major legal construction project in the Tampa Heights 41 JUNE CALENDAR community. Stetson University College of Law and the HCBA Chester H. Ferguson Law Center were the first two legal structures in this district. 54 JURY TRIAL INFORMATION Can you identify the third? See page 55 for the answer. 55 CLASSIFIED ADVERTISING AROUND THE ASSOCIATION PHOTO BY DAWN MCCONNELL 58 59 ADVERTISER INDEX 2 MAY 2012 | HCBA LAWYER editor’s message Grace H. Yang, GrayRobinson, P.A. Challenges I tell students that it can be immensely satisfying to be a lawyer, but I also tell them that the legal profession can be demanding and stress-inducing. On average, I have the predictable workload or opportunity twice a year to speak schedule. I could have plans to with high school students, and work on XYZ File, and then an they are sometimes very curious urgent call from a client might about what I do as a lawyer. derail the plans for the workday. I conduct college interviews My task list changes daily, annually, and sometimes the deadlines are important, and students ask me questions about priorities often shift. how I followed a path from I am sure many of you can college to law school and then relate. The Florida Bar’s 2011 the practice of law. Sometimes Membership Opinion Survey the students are daughters or (all 101 pages are available sons of friends who are curious through www.floridabar.org about what lawyers do. At a and then searching “2011 recent leadership event, I even Membership Opinion Survey”), got to speak to a whole room noted that 35% of respondents full of high school students, all listed balancing family and curious about various professions. work as a significant challenge Some of the questions are or concern. 31% of respondents amusing. A student once asked listed high stress as a significant me if I enjoyed fancy lunches challenge or concern. 22% every day. (I don’t know about I like being a lawyer (yes) and cited time management as a you, but I cannot claim that all if the work is interesting (yes). significant challenge or concern. workday lunches are fancy ones.) There are concerns voiced about We learn to juggle competing One student asked me if it was how costly law school can be demands for our time as best fun to play golf with clients and questions about how there as possible. We ask our loved because he heard lawyers golfed are many different types of ones for understanding and a lot. (The student did not know lawyers knowledgeable in many forgiveness if our work schedules what terrible golf skills I have.) different areas of the law. There are not always compatible with One student asked if it was are thoughtful questions about theirs. We hopefully find ways fun to travel for work. (I said it whether it is hard to be a lawyer. to reduce stress, keep things in depended on the travel destination If asked, I am usually blunt perspective, and maintain our and if there was actually time to with them. I tell students that it sense of humor. We review and venture away for a bit from the can be immensely satisfying to adjust the calendars. I tell the offices or buildings where be a lawyer, but I also tell them students that law will always lawyers are often found.) that the legal profession can be be full of challenges. What Other questions are earnest demanding and stress-inducing. counts is how we all deal with ones, though. Students ask if Sometimes, I do not have a the challenges. MAY 2012 | HCBA LAWYER 3 hcba president’s message Pedro F. Bajo, Jr., Bajo, Cuva, Cohen & Turkel, P.A Doing Our Part to Educate FLORIDA VOTERS This November, Florida voters will be asked whether to retain three Florida Supreme Court justices and 15 appellate court judges through non-partisan merit retention elections. The genesis of merit selection and retention was a scandal on the Supreme Court during the mid-1970s. …it appears a movement is Governor Reuben Askew was at the forefront of a proposed afoot to use merit retention as constitutional amendment to de-politicize the selection of appellate judges. The amendment was designed to select a political tool in the coming the most qualified appellate court judges, yet provide a election in order to remove mechanism to remove unethical or incompetent judges. It was not designed to politicize those judicial positions; certain judges based on some however, it appears a movement is afoot to use merit retention as a political tool in the coming election in faction’s displeasure with order to remove certain judges based on some faction’s legal rulings on politically displeasure with legal rulings on politically sensitive issues, not based on their ethics or competency.
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