Palm Beach County Bar Association YLS to Host Fishing Tournament May 14

www.palmbeachbar.org May 2011

Annual Installation Banquet YLS to Host June 4 Fishing Please join us for the Bar’s Annual Installation Banquet on Tournament Saturday, June 4 at the Breakers Hotel in Palm Beach. A reception will be May 14 held from 7:00 - 8:00 p.m. with dinner The Young Lawyers Section and dancing immediately following. will host its second annual fishing Celebrate this special occasion as tournament on Saturday, May 14 to John Howe is sworn into office by benefit the Palm Beach Marine Institute. retired Judge Edward Rodgers. Howe Entry fee is $250 per boat and all will serve as the bar’s first African activities will be held at the Palm Beach American President. You can register Yacht Club. For more information, online at www.palmbeachbar.org. go to the YLS website at www.palmbeachbar.org/yls.php

Mark your calendar for upcoming Membership Events

Annual Judicial Reception May 3, 5:30 – 7:00 p.m. The Harriet at City Place Law Day Luncheon May 6, 11:45 – 1:00 p.m. Marriott West Palm Beach Legal Aid Pro Bono Night May 7, 6:00 p.m. Palm Beach County Convention Center Young Lawyers Section Fishing Tournament May 14, Palm Beach Yacht Club Congratulations to Bob Bertisch, recipient of the Professionalism Award. The award was presented at North County Section the Bench Bar Conference by Ron Ponzoli, Professionalism Chair and Michael Napoleone. Jurist of the Year Dinner May 19, 5:30 – 7:30 Ruth’s Chris in North Palm Beach Inside... President’s Message ...... 3 Board of Governors Summary...... 12 Annual Installation Banquet Who Are They?...... 4 Technology Corner...... 13 June 4, 7:00 – Midnight E-Filing Update...... 5 Bench Bar Conference...... 14 The Breakers Hotel, Palm Beach Personal Injury Corner...... 7 South County Joint Luncheon...... 15 Probate Corner...... 9 New Members...... 17 Mediation Corner...... 10 Bulletin Board...... 18 The Dear Members of the PBCBA:

My family and I were moved and PALM BEACH COUNTY gratified by the support that we received in BAR ASSOCIATION the days and weeks following the loss of Michael J. Napoleone our wife and mother, Dee. To those who President attended the visitation and the funeral, www.palmbeachbar.org your support was meaningful and much Patience A. Burns, CAE appreciated. I have received countless Executive Director sympathy cards for which I am grateful. Officers Many of you made contributions to De Napoleone, Cook & Oftedal Michael J. Napoleone, President Porres Place in memory of Dee. I have John M. Howe, President-elect tried to send each of the contributors a thank Directors C. Wade Bowden you but I have probably missed some of Robin I. Bresky you. If you did not receive a personal note Jason J. Guari please know that Kathleen, Brian and I are Theodore S. Kypreos James “Grier” Pressly III thankful for your thoughtful gesture. De Adam T. Rabin Porres does wonderful work and was very Jill G. Weiss important to Dee. John R. Whittles Lastly, thank you all for the very thoughtful Michelle R. Suskauer, Immediate Past President Allison L. Kapner, Young Lawyers Section President honors at the Bench Bar. Palm Beach Edward D. Reagan, North County Section President Pressly, Cook, O’Connell County has been a wonderful place to live, Theodore L. DiSalvo, Ex Officio, South County Bar work and raise a family and a great deal of my satisfaction in that regard is directly President attributable to the many fine lawyers who have appeared before me over the years. FL Bar Board of Governors Members Gregory W. Coleman David C. Prather Sincerely, Lisa S. Small /s/ Jack H. Cook Michelle R. Suskauer FL Bar Young Lawyers Division Editor’s Note: Judge Cook was recognized at the Bench Bar Conference by the Board of Governors Members Probate attorneys in their breakout session as well as by the Bar in general at the Adam Myron Matthew T. Ramenda luncheon to recognize his many years of service on the Bench. Elisha D. Roy 1601 Belvedere Road, Suite 302E West Palm Beach, FL 33406 (561) 687-2800 FAX (561) 687-9007 Volunteers needed to serve on committees e-mail [email protected]. Advertising Information: This is the time of year that the president-elect, John Howe, will begin working Shoshanah Spence • [email protected] on appointing volunteers to serve on the various Bar committees. Your involvement is Views and conclusions expressed in articles and advertisements herein are those of the authors or essential to the success of this organization. Please give us the benefit of your ideas and advertisers and not necessarily those of the officers, talents by volunteering to serve on one or more of our committees. If you are currently directors, or staff of the Palm Beach County Bar Association. Further, the Palm Beach County Bar serving on a committee, please be sure to fill out the form to indicate your willingness Association, its officers, directors, and staff do not endorse any product or service advertised. to continue serving. Committee preference forms were recently e-mailed to all Bar Copy deadline is the first of the month preceding members. Additionally, the form is also available on-line at the Bar’s web site – publication. www.palmbeachbar.org/commpref.php. Please take the time to volunteer to serve YOUR The mission of the Palm Beach County Bar Association is to serve its members, foster Bar Association. professionalism and enhance the public’s understanding and awareness of the legal system. Letters to the Editor The Palm Beach County Bar Association Bulletin Missing Bar Events? Be Sure to Read your eNewsletters welcomes your comments on topics relating to the law, the legal profession, the Palm Beach County Is your current email address on file with our Bar Association or the Bar Bulletin. Letters must be office? If not, please be sure to send your current signed, but names will be withheld information to us. As postage rates continue to rise, upon request. The editor reserves right to condense. the Bar is sending notices of all of its functions – membership luncheons, free happy hours, judicial Send letters to: EDITOR Bar Bulletin receptions, judicial evaluations, online voting, and Palm Beach County Bar Association important court information via email. Don’t be left 1601 Belvedere Road, #302E out of the loop! Send your email address to us today West Palm Beach, FL 33406 to [email protected]

Page 2 Bulletin President’s Message

A Place for Children at the Courthouse Thank you to our supporters to date! Palm Beach County Bar Association By Michael J. Napoleone, President FAWL – Palm Beach County Chapter As lawyers, when we visit the Palm ABOTA, Palm Beach County Chapter Beach County Courthouse, our general Business Development Board of Palm Beach County concerns are being prepared and on time. Carlton Fields Yet, every day, waiting with us in the Casey Ciklin Lubitz Martens & O’Connell security lines and crowded into the elevators with us are Children’s Home Society of Florida children who are there because their parents and caregivers Children’s Services Council, Palm Beach County have no viable options for childcare. Often, these children are Early Learning Coalition of Palm Beach County brought into the courtrooms and exposed to testimony and F. Malcolm Cunningham, Sr. Bar Association proceedings that can be disturbing and inappropriate. Worse Junior League of the Palm Beaches, Inc. yet, sometimes in an effort to spare these children from what LaBovick Law Group they may hear or see in the courtroom or for fear that they Law Office of Georgia T. Newman may be disruptive, they are left unattended in the courthouse Legal Aid Society of Palm Beach County hallways. Lesser, Lesser, Landy & Smith PLLC To remedy this situation, the Palm Beach County Bar Palm Beach County Hispanic Bar Association Association in conjunction with the Palm Beach County Pressly & Pressly, P.A. Chapter of the Florida Association for Women Lawyers, has Richman Greer, P.A. created a task force to explore the possibility of implementing South Palm Beach County Bar Association a free licensed drop off center at the courthouse for children Urban League of Palm Beach County whose families have business with the court, but are without Women’s Foundation of Palm Beach County a safe place to leave them. We believe that a safe, secure YWCA of Palm Beach County and staffed room at the courthouse that will serve children as young as 3 years old is vitally important to ensure equal access to justice to all persons with court business in Palm Beach County. We have teamed up with leaders from Children’s Services Council of Palm Beach County, the Early Learning Coalition of Palm Beach County, the Legal Aid Society of Palm Beach County, the 15th Judicial Circuit and others who are working to help us realize this vision. Successful no-fee drop off centers have be implemented in courthouses across the country, including in Orange and Miami-Dade Counties. These programs provide a safe environment for children that is friendly and supportive and staffed by individuals specially trained in working with children. These programs have proven remarkably successful Newly appointed County Court Judge receives the oath from his wife, Judge Janis Brustares Keyser as his mom looks on. and have been funded through a combination of grants and generous donations from the legal and business community. Board of Directors Even at a time when our courts are being subjected to further and drastic budget cuts, the need to protect children cannot be Meeting Attendance relegated to the back burner. Retreat Aug Sept Oct Nov Dec Jan Feb Mar To help turn this dream into a reality we need your Bowden x x x x x x x x x support. Please write to join with us and a growing list of Bresky x x x x phone x x x x other organizations and law firms who believe in the need to DiSalvo x x Schwartz x x x protect children who may have been witnesses to or victims of Guari x x x x x x x x x violence from additional exposure to inappropriate testimony, Howe x x x x x x x x x adult aggression, or other adult situations by providing them with a neutral, safe, and nurturing environment. While Kapner x x x x x x x x x we are not presently seeking financial support, once we Napoleone x x x x x x x x x are in a position to move forward, we will be reaching out Pressly x x x x x x x x x and counting on your generosity to open and maintain the Rabin x phone x x x x x x x children’s room. A society is judged by how it treats its Reagan x Ponzoli x x x x x phone children. Please pledge your support today. Suskauer x x phone x x x x x x Weiss x x x x x x x x x Whittles x x x x x x x x phone

May 2011 Page 3 Who are they? istorical Can you guess who these members are? Answers can be found on page 15. If you have old pictures of yourself or other members that you’d like featured, Committee please send them to Patience Burns at the Bar Office.

1 2 3 4 5

It’s Time... PBCBA Online Courses & Services n Florida Notary Public ... to renew your Palm Beach County Bar Association Membership n Florida Online Traffic School Dues. Statements were mailed in early n First Time Driver (D.A.T.A.) Course April. Only members can take advantage n Mature Driver Course of these n Parent Education and Family Stabilization Course Discounts and Special Events: www.palmbeachbar.org/online courses.php • Live CLE seminars and CD’s (savings of $40 per seminar) • Downloadable CLE Content • Office supplies • Movie Tickets The Florida Bar Foundation (savings of about $2 per ticket) would like to recognize and thank new Fellows from Palm Beach County • Theme Park Tickets who support our mission of providing greater access to justice: • One free classified ad per year (valued at $50) • Daily Business Review John Bulfin Robert Gordon James Nutt • Brooks Brothers Jessica Callow Sean J. Greene Joanne O’Connor • Credit Card Processing Barbara J. Compiani Jason Guari Ronald Ponzoli, Jr. • Disability Insurance • Annual Judicial Reception Sarah Cortvriend Christine Hanley Matthew T. Ramenda • Professional Liability Insurance Robert Critton, Jr. Eric Hewko Bruce Ramsey • Members only events (such as luncheons Susan Delegal Gerald Knight John Scarola with US Supreme Court Justices) Randell Doane Jennifer Kypreos Stephanie Serafin • Trip to Washington, D.C. to be sworn in Rebecca Doane Theodore Kypreos Gregg Shavitz before U.S. Supreme Court Douglas Duncan Christopher Larmoyeux Grasford Smith and Programs: Stephanie Eassa-Rapp Robb R. Maass Yvette Trelles • Mentor Program Melinda Gamot W. Scott Mason Thomas Warner • Professionalism Council Lorie Gleim Adam M. Myron Jill Weiss • North County Section • Young Lawyers Section (Free Happy Michael Napoleone Julia Wyda Hours valued at $25 per event) • Community Service Opportunities

If you did not receive a statement, please contact Shoshana Spence at (561) 687-2800. Become a Fellow with a $1,000 pledge at www.floridabarfoundation.org/fellow

Page 4 Bulletin E-Filing Update

By: Sharon R. Bock, Esq., Palm Beach as the Florida Supreme Court Clerk. As an elected member of County Clerk & Comptroller the e-filing authority, I have had the opportunity to assist in the development of this project. I would like to announce that civil Under the statute, a mandatory pilot process is necessary. case e-filing will soon have its debut A handful of Palm Beach County attorneys have volunteered in Palm Beach County, thanks to the and have been selected to participate in this program. They concerted efforts of Florida’s Clerks, will work with the Clerk to test and provide feedback on the Supreme Court and other justice partners. Recognizing the e-filing process, which will also provide valuable insight into potential cost and resource savings of a “paperless” court how attorneys can best be prepared to integrate e-filing into system, my office has moved forward to implement measures their practices. Even though the e-portal is simple and intuitive, that could help ease the pain of legislative budget cuts. With training sessions will be offered to attorneys to assist in the everyone seeing a rise in the cost of doing business, I know the transition. transition to the new e-filing system will save local attorneys New Court Case Management System both time and expense as well. In 2009, my office began the implementation of a new case While I am looking forward to the implementation of management system with an early 2011 target date for launch. the e-filing system, it is also imperative for local attorneys We were on track to meet that deadline, however the legislature to understand how the e-filing governance process works, enacted a law mandating that e-filing begin January 2011. This as statewide decisions will affect their experience with the mandate for implementation of statewide e-filing presented Palm Beach County Clerk & Comptroller’s Office. In 2009, an obstacle. While the simultaneous implementation of a case the Legislature directed the Supreme Court to set statewide management system and an e-filing system is possible, deep standards to begin the process of electronic filing. The Supreme legislative budget cuts prevented us from adding the IT staff Court directed the Florida Courts Technology Commission needed to cover both. Therefore, in order to meet the statutorily to partner with the Clerks and other stakeholders to draw up mandated e-filing requirements, we have been forced to extend requirements, necessary data fields, and information pertinent to the “go-live” date for our new case management system. The e-filing standards. statutory e-filing requirements have delayed Palm Beach Once the Florida Court Technology Commission completed County’s new Case Management System, but we anticipate that their work, the Court had the information necessary to release the integration of these two technologies will be a seamless AOSC09-30, which set the statewide standards for e-filing. transition for local attorneys. Simultaneously, with an emphasis on statewide uniformity, the Florida Association of Court Clerks (FACC) developed a As your Clerk & Comptroller, one of my top priorities is portal that accepts e-files statewide. A rulemaking body, Florida to ensure that these transitions are as smooth as possible. These Courts e-Filing Authority (E-Filing Authority) was created technological leaps forward move us closer to a paperless court to govern the portal’s development and implementation. The system, and will revolutionize the way we all do business in the authority consists of seven Clerks from around the state, as well future.

Circuit Court Report CIVIL DIVISIONS • March 2011

JURY NON-JURY CASES DIVISION TRIALS TRIALS MOTIONS PENDING

AA KELLEY 09-11 09-11 06-11 1651 AB HAFELE 09-11 09-11 06-11 1616 AD FRENCH 08-11 08-11 05-11 1819 AE MCCARTHY 01-12 01-12 05-11 1928 AF MAASS 08-11 08-11 05-11 1476 AG CROW 10-11 08-11 05-11 2001 AH BROWN 10-11 10-11 05-11 1725 AI SASSER 08-11 08-11 04-11 1070 AJ ROSENBERG 09-11 09-11 04-11 1270 AN COX 08-11 08-11 06-11 1658 AO BARKDULL 09-11 08-11 05-11 1686

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Page 6 Bulletin Personal Injury Corner

whose statements may constitute admissions at that Contacting a time, i.e., at the time the current employee is acting Defendant’s Employee or speaking. These categories clearly identify certain persons whose statements or actions, by virtue of their by Ted Babbitt present status as employees or agents, may directly affect their employer’s legal position... Lee Memorial Health Systems v. Smith, 36 Fla. L. Weekly D212 (Fla. This is because the “purpose of Communication rule 2nd DCA, Jan. 28, 2011) was a medical is not to protect a corporate party from revelation of malpractice case in which the hospital sought a protective order prejudicial facts, but rather to preclude interviewing of employees who have authority to bind the corporation.” to prohibit plaintiff’s counsel from having communication with the plaintiff ward’s treating physicians who were employed by The compelling argument accepted by the Court was that the hospital. None of the physicians in question were involved a plaintiff’s attorney has the right to speak with a corporate in the underlying malpractice and were simply subsequent employee of the defendant who was not involved in the treating physicians. The trial court denied the requested underlying liability issues in the lawsuit or has the authority protective order and the hospital sought certiorari. to bind the corporation on those issues. The Court bottomed The Court reviewed Florida Bar Disciplinary Rule 4-4.2(a) its opinion on the necessity for plaintiff’s counsel to consult which provides: “In representing a client, a lawyer shall not with treating physicians in a malpractice case. However, the communicate about the subject of the representation with a underlying theory of the opinion would be equally applicable person the lawyer knows to be represented by another lawyer to any action. The Court indicated that this was a case of first in the matter, unless the lawyer has the consent of the other impression and if followed by other District and sustained by lawyer.” the Supreme Court would make a sea change in the ability of The hospital contended that the above rule has no counsel to contact current employees of a party. exceptions and the plaintiffs countered that because the hospital Parenthetically, it should be noted that the same case was employed physicians in question were not involved with the reviewed by the same Court on the issue of whether the hospital facts from which liability arose, the above quoted rule would could speak ex parte with plaintiff ward’s treating physicians not apply. and not be in violation of Fla. Stat. 456.057(6) which has been In denying the petition for certiorari, the appellate court held by numerous Courts to preclude ex parte contact with a cited to the comment to the above disciplinary rule at Page 213 patient’s physicians. as follows: In Lee Memorial Health System v. Smith, 40 So. 3d 106 ... as the comment to rule 4-4.2 explains, the (Fla. 2nd DCA 2010), the same appellate court relied upon prohibition against communicating with members its opinion in Estate of Stephens ex rel. v. Galen Health Care, of a represented organization is applicable only to Inc., 911 So. 2d 277 (Fla. 2d DCA 2005), which case held that three categories of persons or employees: (1) those a hospital did not violate the above statute when it discussed who supervise, direct, or regularly consult with the with its own employed physicians the underlying allegations organization’s lawyer concerning the matter; (2) those of medical malpractice against the hospital. In what seems who have the authority to obligate the organization a departure from the logic used in the second Lee Memorial with respect to the matter; or (3) those whose act Health System v. Smith case, the Second District in the first or omission in connection with the matter may be case rejected the Circuit Court’s conclusion that the Estate of imputed to the organization for purposes of civil or Stephens case did not apply because the physicians in question criminal liability. See also Barfuss v. Diversicare were not involved in the underlying lawsuit and were merely Corp. of Am., 656 So. 2d 486, 488 n. 4 (Fla. 2d DCA subsequent treating physicians. 1995), disapproved on other grounds by H.B.A. While the final word on the subject raised by this case has Mgmt., Inc. v. Estate of Schwratz, 693 So.2d 541 (Fla. not been heard, this most recent pronouncement of the Second 1997); Browning v. AT & T Paradyne, 838 F.Supp. District is authority for contact a current employee of a party who 1564, 1567 (M.D.Fla. 1993). was not involved in the underlying liability issues in a lawsuit nor The Second District found that the rule was not intended has authority to bind the corporation regarding those issues. to shield employees of the defendant who were not actually NOTE: BECAUSE A NUMBER OF PEOPLE HAVE REQUESTED involved in the underlying liability issues. None of the treating COPIES OF PAST ARTICLES, A COMPILATION OF THESE ARTICLES IS NOW AVAILABLE TO MEMBERS OF THE PALM BEACH COUNTY BAR physicians had any reason to consult with the hospital lawyers ASSOCIATION, FREE OF CHARGE, BY CALLING (561) 684-2500. concerning the issues involved in the lawsuit other than as to their subsequent treatment nor did these doctors have the authority to bind the hospital corporation in any way in the lawsuit. The Court quoted from HBA Management, supra, at Support our Advertisers. 544 – 545, concerning the rule: Mention that you saw their ad [I]t means an attorney cannot ethically communicate with an employee whose actions may impute in the Bulletin! negligence or criminal liability to the corporation or

May 2011 Page 7 Which Quarter is the One You’re Entitled to? (the quarter represents your 25% referral fee, of course)

Do you know how much the Personal Injury case you referred really settled for? You should!

At the Law O ces of Craig Goldenfarb, we want you to ask yourself these questions about the current personal injury lawyer you send cases to:

❑✓ Do I get to sign the client’s settlement / closing statement, showing me exactly how much the case settled for? ❑✓ Will the lawyer or his sta meet the client at my o ce or the client’s home? ❑✓ Do I sign the client contract, as required by the Florida Bar Rules? ❑✓ Does the lawyer keep me informed about the status of the case I referred? ❑✓ Do I receive a copy of the lawyer’s demand letter to the insurance company? ❑✓ Am I continuously informed of the status of negotiations? ❑✓ Do I receive my referral fee quickly a er the case is settled?

At the Law O ces of Craig Goldenfarb, we treat referral attorneys like Gold.

To order a free copy of Mr. Goldenfarb’s book about Florida car accidents entitled, “What Insurance Companies Don’t Want You to Know,” go to our website at 800GOLDLAW.com. Please call Mr. Goldenfarb to set up a lunch to establish a rewarding referral relationship. Call 24 Hours a Day Se Habla 7 Days a Week 800-GOLD-LAW Español Main O ce: 2090 Palm Beach Lakes Blvd. • Suite 402 • West Palm Beach Page 8 Bulletin Probate Corner

Presumption Of Undue Influence The Florida Supreme Court long ago held that because By David M. Garten, Esq. of the difficulty of obtaining direct evidence of undue Undue Influence is defined as over influence, an individual claiming undue influence can satisfy persuasion, duress, force, coercion or artful her initial burden of proof by presenting facts sufficient to or fraudulent contrivances to such a degree raise a presumption thereof. See In re Estate of Carpenter, that there is a destruction of free agency and 253 So. 2d 697 (Fla. 1971). Thus, there is a presumption of willpower. The crucial issue is whether the undue influence when the undue influencer: (1) occupies a decedent’s free agency and willpower were destroyed, to make confidential relationship with the decedent; (2) is a substantial her actions the product of another person. See Derovanesian v. beneficiary under the will; and (3) was active in procuring the Derovanesian, 857 So. 2d 240 (Fla. 3rd DCA 2003); Coppock will. See Newman v. Brecher, 887 So. 2d 384 (Fla. 4th DCA v. Carlson, 547 So. 2d 946 (Fla. 3d DCA 1989); and Peacock v. 2004), quoting Carpenter. Du Bois, 90 Fla. 162, 105 So. 321 (1925). Section 733.107(2) reads: “The presumption of undue In contrast, if the undue influencer gave advice, or influence implements public policy against abuse of fiduciary persuaded the decedent to make a certain devise, or that a or confidential relationships and is therefore a presumption great amount of affection existed between the undue influencer shifting the burden of proof under §§ 90.301 through 90.304.” and the decedent, those facts alone would be insufficient to This statute, which became effective in 2002, supersedes establish a presumption of undue influence. See In re Estate Carpenter and Cripe v. Atlantic First National Bank, 422 So. 2d of Whitehead, 248 So. 2d 186 (Fla. 4th DCA 1971). The fact 820 (Fla. 1982) to the extent that they prohibit a shifting of the that a decedent was aged or feeble does not, without more, burden of proof in undue influence cases. See Hack v. Janes, constitute evidence of undue influence. The courts recognize 878 So. 2d 440 (Fla. 5th DCA 2004). When a presumption of that old people may be ‘’reasonably easily influenced,’’ but undue influence arises, the undue influencer must rebut the also recognize that ‘’the only weapon these old people have to presumption by the greater weight of the evidence by showing enforce consideration and good treatment of themselves, and facts which indicate that the decedent made the disposition of proper care, is the power to dispose of their estate by will.’’ See her own free will. See Hack v. Janes and RBC Ministries v. In re Starr’s Est., 170 So. 620, 624 (Fla. 1935).Jeffrey Grubman 5x5:LayoutTompkins 1 3/5/11, 9748:08 So. AM 2d Page 569 1 (Fla. 2d DCA 2008).

Movie tickets MEDIATOR/ARBITRATOR make great JEFFREY GRUBMAN, ESQ. gifts for • Florida Supreme Court Certified Mediator teachers, clients (Circuit Civil) and staff! • Federal Court Certified Mediator The PBCBA has discount movie (Southern District of Florida) tickets available for its members. • American Arbitration Association & FINRA Remember, these tickets make great Certified Arbitrator and Mediator gifts for family, babysitters, staff, • Co-Chair, ADR Committee clients or end of the year gifts for (South Palm Beach County Bar Association) teachers. Savings are available for the following theaters: • Formerly Practiced Litigation with Morgan Lewis and Ruden McClosky * Muvico Theater - $7.50 each ($10.00 at box office) Jeffrey Grubman, P.A. * Regal Theaters $7.50 each 2385 Executive Center Drive, Suite 300 ($10.00 at box office) Boca Raton, FL 33431 * Cobb Theatres $7.50 each ($10.00 at the box office) (561) 393-9733 • Fax: (561) 393-8770 E-mail: [email protected] Come by the office and pick up your Website: www.jeffgrubman.com tickets today (payment only by check State of the Art Mediation Facilities in Boca Raton or credit card). Tickets will only be FedEx’d (not mailed) if member provides Mediates Cases throughout South Florida us with a FedEx number. PRICES ARE Hourly & Daily Rates Available SUBJECT TO CHANGE May 2011 Page 9 Mediation Corner Achieving Excellent Results for Your Clients in Mediation By Jeffrey S. Grubman, Esq. Counsel should also understand that the mediator This is the second of two articles is constantly trying to read the parties and the attorneys. exploring techniques for attorneys to achieve The mediator is watching counsel’s verbal and non-verbal optimal results for their clients in mediation. communication as well as that of the client with an eye towards The first article, which appeared in the April getting the case resolved. Therefore, while the client should 2011 Bulletin, addressed the following topics: 1) How to prepare answer the mediator’s factual questions honestly and openly clients for mediation, 2) How to prepare the mediator in advance (understanding that those discussions are privileged), the client of mediation, and 3) Opening statements in mediation. This should not react to the opponent’s settlement demands or article addresses: 1) Interacting with clients during mediation, suggest what amounts would be acceptable. Those discussions and 2) Interacting with the mediator during caucus. should take place between the client and his counsel away from the mediator. Interacting With Clients During Mediation Counsel should be honest with the mediator regarding the The word “counselor” is a particularly appropriate strengths and weaknesses of her client’s case during caucus. description for the role of the attorney in a mediation caucus. This does not mean that counsel has to overstate the importance For most parties, mediation is a foreign, emotional experience. of the weaknesses of her client’s case. To the contrary, counsel The parties rarely understand that their adversary will usually should attempt to diffuse the weaknesses in her client’s case start the negotiations at a number far away from where it as much as possible. However, if counsel tries to convince an will eventually agree to settle the case. It is important to the experienced mediator that a weakness is not really a weakness, ultimate success of the mediation for the parties not to react counsel will likely lose credibility in the mediator’s eyes. This too negatively to the initial settlement demand/offer. If an ultimately will not benefit the client. attorney expresses his frustration vocally regarding the initial Finally, mediation is not like a hearing in court where settlement offer/demand, this may cause his client to become counsel wants to make all of his arguments at once. Because more entrenched.1 Such an emotional reaction by counsel is not mediation evolves over hours, it is fairly common for the good “counseling.” negotiations to bog down at some point during the course of This is true at every stage of the negotiating portion of the mediation. The best way to help the mediator at that time is to mediation. Counsel should never let her opposing counsel’s give him a new fact or piece of evidence. Accordingly, I am negotiating style prevent her from acting in her client’s best of the belief that counsel should not divulge all of his client’s interest. Every mediation is different, and each requires counsel good facts or documents during the initial caucus. to remain flexible and keep an open mind. Strategy decisions This article was submitted by Jeffrey S. Grubman, Jeffrey should be made logically and dispassionately, independent Grubman, P.A., 2385 Executive Center Drive, Suite 300, Boca of counsel’s frustration with his opponent’s negotiating style Raton, FL 33431; [email protected]. Mr. Grubman is a or tactics. In fact, it is sometimes necessary to take an action Supreme Court certified circuit court mediator and a mediator that will help opposing counsel save face. Counsel should and arbitrator certified by both the American Arbitration have no problem doing this if it assists in reaching a favorable Association and FINRA. settlement for her client. Interacting With The Mediator During Caucus Of all the banks in South Florida, The majority of most mediations take place in caucus, only one has the distinction of being which often occur over the course of many hours. It is a fluid process involving ups and downs. Therefore, counsel should called “The Lawyers’ Bank.” listen and watch the mediator carefully at all times. If counsel can convince an effective mediator that his client’s case is For over 30 years, we have concentrated on providing law firms, their partners, associates, staff and clients with an uncommon strong, the mediator will likely help the client achieve a good level of attention and service. Which is why so many law result. Therefore, it is important to focus on what is interesting firms in South Florida count on Sabadell United Bank. the mediator and respond in the most favorable way for the Whether it’s business or personal banking, or private banking, client. If counsel believes that the mediator is evaluating the our goal is to make a measurable difference in all relationships case worse for his client than counsel has, counsel should through exceptional service, and constant focus on delivering address this issue with the mediator (perhaps away from the measurable results to our clients. client) before the mediator solidifies his or her evaluation. If counsel believes that the mediator is evaluating the case better For more information, please call for the client than counsel has, counsel may choose to take a Bud Osborne, Executive Vice President, less active approach than counsel otherwise would. or Donn Londeree, Vice President at (561) 750-0075 or Vincent Cuomo, Vice President at (561) 688-9400 1However, counsel may want to give such a reaction to compel the mediator to respond in a certain way. This is fine as long as counsel has told his client in advance that he will do this and MEMBER www.sabadellunited.com ©2010 Sabadell United Bank not to take it seriously. FDIC

Page 10 Bulletin May 2011 Page 11 Florida Bar Board of Governors Summary

At its March 25, 2011, meeting in Orlando, The Florida Bar n Bar Chief Legislative Counsel Steve Metz said after a rocky Board of Governors: start, the courts appeared to be doing reasonably well in n Approved the Bar budget for the 2011-12 fiscal year. The the budget process for the 2011-12 fiscal year. The House budget projects revenues of around $38 million and slightly preliminary plan would have cut judicial salaries by 8 percent, less expenditures. but the Speaker interceded and included enough money n Heard former Bar President Miles McGrane, chair of the to keep judicial salaries intact. Attempts to reduce overall Judicial Qualifications Commission, ask the board to oppose a judicial pensions appear to have failed, although judges may proposed constitutional amendment in the Florida Legislature wind up contributing to their pensions, as will other state that would dramatically reduce confidentiality of complaints employees including court staff. made to the JQC. The board later in the meeting adopted a n Chief Justice Charles Canady spoke to the board on the legislative position opposing such changes. court’s current year budget crisis, caused by a sharp reduction n Heard the final recommendations from the Special Committee in foreclosure filings which provide the bulk of the court to Study Mandatory Paralegal Regulation, which have system’s funding. He said House and Senate leaders were been referred to the Program Evaluation Committee. The amenable to a plan for the courts to borrow funding to make special committee recommended that lawyers could not in it to the end of the fiscal year, but that Gov. Rick Scott asked any communications refer to support staff as a paralegal for more information and so far had only agreed to provide unless that person is a Florida Registered Paralegal. A funding to keep the courts going until the end of April. minority report from the special committee opposes that He also praised the House Speaker for restoring money to recommendation. During the Program Evaluation Committee prevent a judicial salary cut, which Canady said would have report, Chair Greg Coleman said the Bar had surveyed undermined the ability to attract and keep qualified judges. registered paralegals and out of more than 2,000 responses, He warned, though, that the preliminary House budget, only 40 were in favor of mandatory paralegal regulation. perhaps by mistake, eliminated 14 law clerks from the n Approved a legislative position opposing numerous pending Supreme Court, which he said would substantially undermine legislative bills and proposed constitutional amendments the court’s ability to efficiently handle cases. which would dramatically undermine the courts as now n Heard from Mark Schlakman, of the Florida State University written. Opposed bills include splitting the Supreme Court Center for Human Rights, who presented a letter from former into civil and criminal supreme courts, eliminating the Bar’s Supreme Court Justice Raoul Cantero calling for the Bar to role in nominating candidates for some judicial nominating endorse a review of Florida’s death penalty process. President commission seats, removing JNCs from the selection process Downs said the Executive Committee will review and act on for DCA judges and Supreme Court justices (that bill also that matter. creates Senate confirmation for those jurists), and requiring n Approved, at the recommendation of the Member Benefits that justices and DCA judges get 60 percent approval in Committee, three new benefits for Bar members: Medjet retention elections. (Another measure would have the Assistance, an insurance program guaranteeing medical Legislature take over procedural rule-making from the transport when traveling; Sears Commercial Marketplace, Supreme Court; the Bar already has a legislative position which offers a wide range of online shopping for home and opposing that.) The board approved resolution also set out office products; and STI Tabs3 Trust Accounting Software, four principles for legislation affecting the judicial branch: a which assists lawyers in setting up and maintaining their trust stable, secure, adequate, and permanent source of funding for accounts. the courts; the efficient, fair, and impartial functioning of the n Heard Board Review Committee of Professional Ethics Chair courts and administration of justice that recognizes the courts Carl Schwait report that the committee will be presenting as a co-equal branch of government; providing access to the its recommendations for amending Bar advertising rules at courts and legal services for all Floridians; and a continued the board’s May 27 meeting. He said the Supreme Court has meaningful role in the judicial selection process. ordered that the amendments be submitted to it no later than n Also as part of the legislative discussion, the board heard July 5. Barry Richard, the Bar’s outside legal counsel, recount his n Recommended to the Supreme Court Winston W. Gardner, discussions with the Speaker of the House’s office regarding Jr., of Orlando, Steven S. Oscher of Tampa, and Marni F. Richard’s personal views on legislative issues. Richard Stahlman of Winter Park to replace Arnell Bryant-Willis as a told the Speaker’s office that he did not represent the Bar public member on the board. on legislative matters, and that he could not speak for or commit the Bar to any legislative position. Those discussions Should you have any questions, please contact one of the apparently will help lead to a dramatic change in various Circuit’s four representatives: Greg Coleman, Michelle House proposals with a resulting lesser impact on the courts. Suskauer, Lisa Small or David Prather n By a separate motion (as noted above), the board also approved a legislative position opposing the proposed constitutional amendment that at some point in the process would make public all complaints filed against judges with the JQC.

Page 12 Bulletin Technology Corner Sending Large PDF Documents by Email By Christopher Hopkins, Chair, Law Practice Technology Committee Email has become the dominant accounts should be the way to go. Note my caveats at the end of communication medium for the legal the article. profession – drowning out faxes, overnight DropSend is a service which allowed me to sign up and mail, and even the humble phone call – send a document in less than a minute. While there are paid yet delivery of large PDF documents via accounts with nearly unlimited restrictions, the free account email remains an impediment. Adobe PDF has become the allows you to send up to 2gig and five “sends” per month. Go default standard for discovery since it provides a fixed (largely to DropSend.com, give your email address, the recipient’s email un-editable) depiction of an image or document. Law firm address, and link the PDF document. You can create a short scanners are typically set at fairly high detail settings which, in email message and title. The recipient receives an email from turn, creates larger PDF files that are often blocked by email you which gives them a link to download the file. restrictions. Sending PDFs or other large files in excess of DropBox also provides this same service as well as the 5mb may never reach the recipient and warning auto-replies ability to save your own private documents to “the cloud.” In (“there has been a delay in sending your message”) add to the short, you can use DropBox to save files online and then pick uncertainty. them up from your laptop, iPhone or even someone else’s Solutions exist at several levels with two fairly simple computer – a handy tool if you are traveling. DropBox also workarounds at the end-user level: (1) create smaller PDFs or gives you a public folder so you can upload your PDF and then shrink existing ones and (2) use free services to email links to give someone the direct link to download. Go to Dropbox. the documents, rather than the documents themselves, to avoid com and watch the short video – you will be up and running in email caps. 5-10 minutes and likely will use the service for more than just emailing large files. Create Smaller PDFs YouSendIt.com is another established file-delivery service If you frequently scan documents to PDF or save Word which provides free and paid options. Free accounts are limited documents as PDF, consider setting the quality or dpi standards to 100mb per email and you cannot send multiple files and to lower settings such as “email size” or 300 dpi. Scan or folders. save PDFs at varying quality settings to see if you can tell the difference. Often the minimum setting is sufficient for Caveats document delivery and reading. If using a scanner, Google Two words of modest caution when sending PDFs via these the name of the scanner and “quality” or “output settings” delivery services. One, you are sending PDFs to a third party to determine how to adjust the settings. Black and white is which is then sending a link to your recipient. If there is concern preferred since color adds significantly to the PDF file size. about using “cloud” services or sending files via third parties, In Word 2007 or higher, save a document as PDF this may not be an option. Still, if the PDF is appropriate to by selecting Save As and then PDF or XPS. Look for the be sent via email then this is an equally safe alternative. Two, “Optimize for” button underneath the file name and select sometimes these services’ email can appear to the recipient’s “minimum size (publishing online).” domain as spam – copy yourself on the email and re-send the link directly from your account to ensure receipt. Shrink Existing PDFs Christopher B. Hopkins is a shareholder at Akerman The free Adobe Reader on most of our computers allows Senterfitt. You can test the firm’s email size restrictions by you to open but not edit (only “read”) PDFs. Again, the contacting him at [email protected]. purpose of the PDF format is to create a fixed image of your document. Thus you will find that shrinking existing PDFs is a “workaround” rather than a standard function unless your office has the (paid version) of Adobe Acrobat. Open your oversized PDF, choose Print, and select printer named “Adobe PDF” from the drop-down list. It does not give you options for quality settings but this trick should reduce the file size. Follow the steps to re-name the document and you should have a reduced copy of your PDF. For great control, consider free tools such as PDF ReDirect, Free PDF Compressor, doPDF Free Converter, PDF Compress, PDF-XChange or PDF Shrink. Go to Download. com and read the reviews to select the best option for you. Mac users have an easier time: open the document via Preview in the Applications folder, select Save As and chose Reduce File Size. Emailing Large PDFs There are several online services which allow you to send large PDFs via email. Most of these have free options which are The YLS recently hosted a baseball event at Roger Dean Stadium. Pictured above are Miles McGrane, Melissa Devlin, Bill Lazarchick, limited by size and the number of documents you can transmit Nick Johnson and Julia Wyda. per month. If you send large PDFs only occasionally, the free

May 2011 Page 13 Bench Bar Conference

This year’s Bench Bar Conference was another great success with over 1,250 attendees!

The Palm Beach County Bar Association sincerely thanks the following for making this year’s Bench Bar Conference such a success!

Business Sponsors Alpern Rosenthal ARC Mediation Courtcall Legal Graphic Works LexisNexis A special thank you to John Whittles Judge Joe Marx, Judge Caroline Shepherd and Rock Legal Services & Investigations who spent tireless hours as chair of the Judge Robin Rosenberg Sabadell United Bank Stetson College of Law conference Upchurch Watson White and Max Visual Evidence

Law Firm Sponsors Ackerman, Link & Sartory, P.A. Akerman Senterfitt Babbitt, Johnson, Osborne & LeClainche, P.A. Beasley Hauser Kramer & Galardi, P.A. Bobo Ciotoli Bocchino White & Buigas, P.A. Broad & Cassel Burman, Critton, Luttier & Coleman, LLP Carlton Fields Casey, Ciklin, Lubitz, Martens & O’Connell Clark, Fountain, LaVista, Prather, Keen & Littky-Rubin Cole, Scott & Kissane, P.A. David J. Glatthorn, P.A. Downey & Downey, P.A. Maureen Martinez and Daliah Weiss, Terri Verduin and Judge Jack Cox Fisher & Bendeck, P.A. Criminal Law Practice Committee Chair FitzGerald Mayans & Cook, P.A. Fox Rothschild LLP Gelfand & Arpe, P.A. Gordon & Doner, P.A. Greenberg Traurig Holland & Knight Joel M. Weissman, P.A. Jones, Foster, Johnston & Stubbs, P.A. Jose Rodriguez, P.A. Kogan & DiSalvo, P.A. Kreusler-Walsh, Compiani & Vargas, PA Kula & Samson, LLP Law Offices of Louis Robinson, P.A. Law Offices of Robin Bresky Lesser, Lesser, Landy & Smith, PLLC Lytal, Reiter, Smith, Ivey & Fronrath Martin L. Haines, III Chartered Mattlin & Wyman, PL McCabe Rabin, P.A. Attorney Phillip Hutchinson talks with Shawn Judge Sheree Cunningham and Judge McDonald Hopkins, LLC Murray, a student attending the Bar’s first Catherine Brunson Methe & Rockenbach, P.A. Murray & Guari Trial Attorneys Diversity Seminar for Law Students Nason Yeager Gerson White & Lioce, P.A. Page, Mrachek, Fitzgerald & Rose, P.A. Pankauski Law Firm PLLC Pressly & Pressly, P.A. Proskauer Reid & Zobel, PA Richman Greer, P.A. Rutherford Mulhall, P.A. Schuler, Halvorson & Weisser, P.A. Scott, Harris, Bryan, Barra & Jorgensen, P.A. Searcy Denney Scarola Barnhart & Shipley Shapiro & Fishman, LLP Shutts & Bowen, LLP Slawson, Cunningham, Whalen & Gaspari, P.L. Squire, Sanders & Dempsey, LLP The Suskauer Law Firm Weiss, Handler, Angelos & Cornwell, P.A. Wyland & Tadros Greg Huber and Greg Zele Kelly Reagan, Michael Winston and Joanne O’Connor Zele Huber Trial Attorneys, P.A. Additional pictures from the Bench Bar Conference can be found on the Bar’s Facebook page. Page 14 Bulletin South County Joint Luncheon Members of both the Palm Beach County Bar and the South Palm Beach County Bar recently met for lunch to hear Florida Bar President Mayanne Downs talk about issues affecting our courts. Member Benefit Program

Affiniscape Merchant Solutions Credit/Debit Card Processing (866) 376-0950 Association Members Only Discounted Office Supplies (6% rebate on all purchases) (260) 467-2222 Brooks Brothers Clothing 15% discount www.palmbeachbar.org/benefits.php South Palm Beach County Bar President Ted DiSalvo, Michael Gora and Seth Marmor Florida Bar President Mayanne Downs and PBCBA President Daily Business Review Michael Napoleone Discounted Subscriptions (877) 347-6682 East Coast Dry Cleaners 10% Discount 719 N. Dixie Highway, WPB Metlife Insurance Discounted Policies Bob Greenberg (772) 340-7741 Movie Theatre Tickets Discounted tickets for Muvico, Cobb & Regal (561) 687-2800 Eva Gray Online Courses Vinnie Cuomo from Sabadell United Bank Michael Mopsick, (Ret.) Judge Ken Stern and L.A. Perkins and Mark Greenberg Classes for speeding tickets, first time drivers, notaries and many more www.palmbeachbar.org/onlinecourses.php Paychex Discounted (15%) Payroll and HR Services Justin Williams (561) 655-5542 x56484 [email protected] PBCBA CLE CD’s Discounted audio recordings of seminars (561) 687-2800, Eva Gray www.palmbeachbar.org/continuing.php PBCBA Lawyer Referral Service Fourth DCA Judges Matthew Stevenson, Dorian Damoorgian Andrew Cassas and Philip Harris Client Referrals (561) 687-2800 and Jonathan Gerber Eva or Paula Tickets at Work 1. Federal Magistrate Theme Park, Broadway/Las Vegas Shows & Other Entertainment Discounts Judge Ann Vitunac (800) 331-6483 istorical www.ticketsatwork.com 2. Lou Mrachek USI Affinity Committee 3. Judge James Downey Professional Liability Insurance 4. Judge John Phillips Contact (877) LPL-4671 Who Are They? From Page 4 5. Lake Lytal

May 2011 Page 15 Page 16 Bulletin Welcome New Members!

The following represents each new Donna R. McMillan - New York; Adam Schwartz - Florida; Florida member’s name, hometown, law Nova Southeastern University, Law State University, 2006; Associate in school, and date of admission to the Student Membership, Miami. Akerman Senterfitt, West Palm Beach. Florida Bar and law firm association. Dominique Murray - Ashford, Kent, Brett Steinberg - Florida; University Richard Abedon - Rhode Island; UK; Brooklyn Law School, 2005; West of Miami, 2004; Associate in Hicks, Boston College, 1959; Associate in Palm Beach. Motto & Ehrlich, Palm Beach Gardens. Legal Aid Society of Palm Beach David A. Noel - Montreal, Canada; Courtney E. Tie - Florida; University County. University of Florida, 2003; Associate of Miami, Law Student Membership, Jon Bell - Florida-1999, Associate in in Methe & Rockenbach, P.A. Miami. Powers McNailis Torres & Teebagy. Michael Peckham - Massachusetts; Debra Quinn - New York; St. Thomas John Chiocca - Florida; University Florida Coastal School of Law, 2009; University School of Law, Sole of Virginia School of Law,1998; Associate in Pratt, Radford Cooke & Practioner, West Palm Beach. Partner in the Law Office of Chiocca & Barrett, P.L., West Palm Beach. Tiffanie Waldman - Florida; St. Chiocca, P.A., West Palm Beach. Paula Peitz - Florida Registered Thomas University School of Law, Andrew Clopman - Cornwall, Ontario, Paralegal Membership, Paula Peitz, 2009. Canada; Vermont Law School, 2009; Inc., West Palm Beach. Jan T. Williams - Berlin, Germany; Associate in the Devore Law Group, Gerardo Rodriguez - Albizu-Florida; University of Miami, Law Student P.A., Palm Beach Gardens. University of Miami, 2008; Associate Membership, Miami. Andrew J. Daire - Florida; Nova in Greenberg Traurig, P.A, West Palm Jeffrey Zane - New York Law School, Southeastern University, 2002; General Beach. 1977; Sole Practioner, Jeffrey P. Zane, Counsel for Carl’s Patio Inc. and Carl’s Ami Romanelli - Florida; Nova P.A., Palm Beach Gardens. Furniture Inc., Boca Raton. University, 2008; Associate in Babbitt Irvin Daphnis - New York; Hofstra Johnson Osborne & LeClainche, P.A., University, 2002; Sole Practioner, West Palm Beach. Law Office of Irvin Daphnis, P.A., Hollywood. Robert H. De Flesco - New Jersey; University of Miami; Law Student Membership, Miami. Eric R. Feld - Florida; University of Florida; Law Student Membership, Gainesville. Barbara J. Forbes - Florida Registered Paralegal Membership, Law Offices of Philip H. Forbes, PL, Palm Beach Gardens. Maria Freisen - Havana Cuba; Indiana School of Law, 1987; Associate in Law Offices of David R. Rigell & Associates, P.A., West Palm Beach. Kelly Gibson - New York; St Thomas Law School, Associate in MRW Consulting Group, Boca Raton, Fl. Cara Holmes - Texas Southern University, 1991. Jennifer R. LeVine - Florida; University of Florida, Law Student Membership, Gainesville. Rasha Lutfi - Baghdad, Iraq; Florida State University, 2004; Sole Practioner, Lutfi Law, P.A., West Palm Beach. Maxine Martell - University of Pennsylvania.

May 2011 Page 17 Bulletin Board traffic matters, 1601 Forum Place, Ste. *** Ad Rates *** HIGH FLOOR, SHARED OFFICE 1200, WPB, FL 33401; (561) 687-7866. SPACE with another attorney and staff CLASSIFIED ADVERTISING RATES: www.suskauerlaw.com. members. Two new offices with great TO PLACE AN AD: 1) Please fax all ads city views. Two conference rooms. GREGORY TENDRICH, Esq.: to 561/687-9007 by the 25th of the month. Phone system in place, large copy 2) Upon receipt you will be notified of cost. FINRA Arbitrator, Certified County Court room with industrial copier and other 3) Send payment by the 25th of the month. Mediator & Former Series 7 licensed VP 4) Cost: 50 words or less $50, 50-75 words office amenities. Total office space is & Asst. General Counsel to Wachovia $65, up to 75 words $75. 5) Members approx. 2450 sq. feet. Covered parking, receive one free classified ad per year Securities and other local NYSE/FINRA 24 hour security, close to Federal and (excluding professional announcements). brokerage firms, is accepting referrals and State courthouses. Flexible on terms of Web-site advertising is also available is available to co-counsel, provide trial/ sublease. $1950 for both offices or 1/2 for a cost of $50 for a two week run. arbitration consultation or assistance in Payment must be received prior to for one office. Michael A. Kaufman (561) publication and renewable only upon stock loss and investment related disputes, 478-2878. receipt of next payment. including prudent-investor, suitability, LUXURIOUS LEGAL OFFICES TO churning and misrepresentation claims SUBLET: CityPlace Tower, West Palm The Palm Beach County Bar Association, in addition to SEC, FINRA, NYSE and Beach (4 with city & water view and its officers, directors, and staff do not other regulatory enforcement matters. endorse any product or service advertised. 1 interior office) with all amenities – Please call (561) 417-8777 or visit www. The PBCBA is committed to equal receptionist, kitchen, conference rooms, yourstocklawyer.com. employment opportunity and does not secretarial station, fax, copier available. accept employment ads which imply a preference based on race, color, sex, GREY TESH: “Law is not black and Call Stephen Grisanti (212) 448-1100 religion, national origin, disability, familial white, it’s Grey” personal injury & ext. 1121. status, sexual orientation, age, marital criminal defense (board certified), tried status and gender identity or expression. BOCA RATON: Best location in town. over 100 jury and non-jury trials to Right on Palmetto Park Road opposite POSITIONS AVAILABLE: verdict. 1610 Southern Blvd. WPB, FL City Hall. Approx. 650 sq. ft., self- 33406, 800-4-Fatal-Accident.com and contained unit (own bathroom, etc). FAMILY LAW SOLE aaacriminaldefense.com, (561) 686-6886. Perfect for small/solo firm. $1,200.00 per PRACTITIONER seeking associate month includes everything but electric. ROBERT GOLDMAN: 25 years’ attorney with minimum 3 years litigation No security/last month rent required. civil litigation experience (commercial, experience, including some experience in Contact Peter Smith (561) 368-1156. family law. Applicant must be organized, landlord/tenant, foreclosure, collections, efficient, ethical, motivated and be a probate, personal injury, insurance PROFESSIONAL OFFICE CONDO member in good standing of the Florida defense). Available for contract/part for sale in North Palm Beach. US Hwy 1. Bar with no disciplinary record. All time work, including hearing coverage, Four story professional office building. inquiries will be held in strict confidence. research, drafting pleadings/motions, 3rd floor suite, 1,050 sq. ft. $232, 000. 3 Please email cover letter, writing sample written discovery depositions and trial offices, conference room, reception area, and resume to [email protected]. preparation. Diligent, thorough, attention kitchen, covered parking. Ready to move to detail, reasonable rates. (561) 676-0761 in. Call Jeff (561) 714-0660. MULTI-FACETED ATTORNEY seeks to assoc/merge with firm in SE Florida. [email protected]. NPB LAW FIRM on US1 near PGA Experience in Bankruptcy (Chapter 7, 11 Boulevard has two furnished offices & 13), Foreclosure defense, Complex civil OFFICE SPACE: and secretarial space to sublease. Receptionist, telephone system, T-1 litigation, P.I. & Product liability. Also CLASS “A” EXECUTIVE WINDOW internet, conference rooms, kitchen, heavy transaction experience, R/E, Corp, OFFICES: Located on Intracoastal Tax T & E. L.L.M. in Taxation. Hard scanner, fax machine and copier waterway in North Palm Beach for rent. working, multi-tasks, computer savvy & privileges included. Please call (561) Share office space with our prestigious organized. Email mergeourlawfirms@ 622-2700 or email Shenkman@ law firm. Each office includes a hotmail.com. LawPalmBeach.com. Golden opportunity secretarial station, a staffed receptionist will not last long. PROFESSIONAL ANNOUNCEMENTS: desk, use of law library, conference The following announce their availability rooms, your own direct dial numbers, free HEARSAY for referral, assistance and consultation. parking, fax & copier use available (must bring your own server & computers). Jones, Foster, Johnston & Stubbs, P.A. SCOTT SUSKAUER: “AV” rated, Board announces that Joanne M. O’Connor Certified Criminal Trial Lawyer. Over 20 24hr access/secure building. $2,500 per month per office. Pam (561) 684-6600; has received Martindale-Hubbell’s years of experience. All criminal matters highest attorney rating. in State and Federal Court including email [email protected]. felonies, misdemeanors, DUI, juvenile and

Page 18 Bulletin West Palm Beach law firms St. John, Core & Lemme, P.A. and Allen E. Rossin, P.A. have merged to form St. John Rossin Burr & Lemme, PLLC. Also joining the firm are Thomas E. Rossin, Cari A. Podesta and Joseph D. Lee. The firm represents condominiums, homeowner and property owner associations, as well as country clubs. Practice areas also include personal injury, commercial litigation and real estate. Gary S. Lesser, the managing partner of Lesser, Lesser, Landy & Smith, PLLC (LLL&S), has been elected by his peers to The Florida Bar Board of Governors for the Fifteenth Judicial Circuit, Seat 4. He will be sworn into office for a two- year term at The Florida Bar’s Annual Convention in June. David Prather, a partner at the law firm of Clark, Fountain, LaVista, Prather, Keen & Littky-Rubin, has been named a member of the prestigious Federal Magistrate Judge Merit Selection Panel. W. Jay Hunston Rev 9/28/08 1:20 PM Page 1 Searcy Denney Scarola Barnhart & Shipley, P.A. is pleased to announce that Business Leader Media selected attorney Sia Baker-Barnes as one of their “2011 W. JAY HUNSTON, JR. South Florida Women Extraordinaire.” Mediator/Arbitrator Kapner & Kapner, P.A. is pleased to announce that Catherine S. Eaton has • J.D. Stetson Univ. College of Law (1976) joined their firm. Ms. Eaton primarily practices in the area of family law and is a • Florida Bar Board Certified Civil Trial Lawyer certified family law mediator. (1983-2003) Evan H. Frederick, of • Florida Bar Board Certified, Emeritus in McCabe Rabin, P.A. was Civil Trial Law (2003-Present) inducted into the Saint • Florida Certified: Louis University Athletics Circuit Civil Mediator (1991-Present) Hall of Fame for golf. Family Mediator (1998-Present) • NASD/FINRA Approved Mediator • Qualified Florida Arbitrator • Admitted to Practice in Florida and Montana • Hourly and Per Diem Rates Available upon Request

Since 1/1/01, limiting his practice to all forms of effective dispute resolution, including pre-suit and Court-ordered mediation, arbitration, conciliation, special master proceedings, and private judging.

W. Jay Hunston, Jr., P.A. P.O. Box 508, Stuart, FL 34995 (772) 223-5503; Fax: (772) 223-4092 (800) 771-7780; Fax: (866) 748-6786 Email: [email protected] website: http://www.hunstonadr.com

May 2011 Page 19 Presort Std Palm Beach County Bar Association us postage p a i d west palm bch fl permit no. 66 1601 Belvedere Road, Suite 302 East, West Palm Beach, FL 33406 Past Presidents... PAUL W. POTTER* GAVIN LETTS* ROBERT V. ROMANI* M.D. Carmichael* WAREING T. MILLER* JAMES S. ROBINSON MICHAEL P. WALSH Richard p. robbins* CHARLES B. FULTON***** CHARLES H. DAMSEL, JR. JULIEANN ALLISON l.r. baker* J. LEO CHAPMAN* EDWARD LEWIS MICHAEL A. VISCOMI harry a. johnston* ELWYN L. MIDDLETON* RAYMOND ROYCE CAROL McLEAN BREWER george w. coleman* H. ELMO ROBINSON* PETER VAN ANDEL JERALD S. BEER h.c. fisher**** J. STOCKTON BRYAN, JR. LARRY KLEIN JOHN G. WHITE III** marshall b. wood* HAROLD G. MAASS* THEODORE BABBITT michael T. Kranz e. harris drew*** ROBERT F. CROMWELL* JOHN FLANIGAN EDWARD DOWNEY B.f. paty* CHARLES H. WARWICK III SIDNEY A STUBBS, JR. scott g. hawkins Joseph s. white* PHILLIP D. ANDERSON* JOSEPH J. REITER** AMY L. SMITH Henry p. lilienthal* FREDERICK C. PRIOR JOHN B. McCRACKEN Manley p. caldwell* JAMES C. DOWNEY* DAVID L. ROTH Gregory w. coleman Wilbur e. cook* WILLIAM A. FOSTER D. CULVER SMITH III LISA S. SMALL w. murray hamner* ALAN F. BRACKETT* TIMOTHY W. GASKILL STanley d. klett, jr. richard prescott* ROBERT D. TYLANDER* ARTHUR G. WROBLE THEODORE J. LEOPOLD russell morrow* ROBERT McK FOSTER* GUY C. HILL Manuel farach CULVER SMITH* JOHN M. FARRELL PATRICK J. CASEY Meenu T. Sasser RAYMOND ALLEY* H. LAURENCE COOPER, JR.* JAMES G. PRESSLY, JR. Richard D. Schuler C.Y. BYRD* JOHN R. DAY* PATRICK C. MASSA michelle suskauer WILLARD UTLEY* JOHN L. BURNS* STEVEN A. STINSON C.H. ERNEST* HARRY JOHNSTON II CARL M. MATHISON, JR. * Deceased ** Florida Bar President *** Deceased, Florida Bar President, Supreme Court Justice **** Deceased, Florida Bar President ***** Deceased, Florida Bar President, Federal Court Judge

MayMay 20112011

Monday, May 2 – 6 Tuesday, May 10, Noon – 1pm Wednesday, May 18, 5pm – 6pm Tuesday, May 24, 9am – 12:30pm Law Week YLS Board Meeting PBCBA Board of Directors Bankruptcy Law CLE Seminar Bar Assn. Office Meeting Bar Assn. Office Monday, May 2, 11am – 12pm Bar Assn. Office New Attorney Swear-in Wednesday, May 11, Tuesday, May 24, Palm Beach Co. Courthouse – 11:30am – 1:00pm Thursday, May 19, 5:30pm – 6:30pm Courtroom 10B Solo Luncheon 11:45am – 1:15pm Legal Aid Board Meeting Bar Assn. Office PBC FAWL Membership and Bar Assn. Office Monday, May 2, Noon – 1pm Installation Luncheon Hispanic Bar Assn. Meeting Thursday, May 12, 11:45am – 1pm Wednesday, May 25, Main Courthouse, JCR Judicial Luncheon Thursday, May 19, 5:30pm – 8pm 3:30pm – 4:30pm Cafeteria, Main Courthouse, WPB NCS Jurist of the Year Corporate Counsel Tuesday, May 3, 5:30pm – 7:00pm Ruth’s Chris Steak House, NPB Committee Meeting Law Week Judicial Reception Friday, May 13, 1:00pm – 5:00pm Bar Assn. Office Employment Law CLE Seminar Friday, May 20 – 21 PBCJA Fishing Tournament Saturday, May 7, 6:00pm Bar Assn. Office Thursday, May 26, 11:45am – 1pm Legal Aid Pro Bono Night YLS Lunch with the Judges Saturday, May 14, 8am – 5pm Friday, May 20, 8:45am – Noon Main Courthouse, JCR Friday, May 6, 11:30am – 1:00pm YLS Fishing Tournament PBCBA / PB Co. Chapter of Law Day Luncheon Federal Bar Joint CLE Seminar Thursday, May 26, Marriott, West Palm Beach Saturday, May 14, 7pm – 11:30pm PBCBA Office, 1601 Belvedere SPBCBA Banquet – 50th 5:30pm – 7:30pm Rd., WPB Palm Beach Justice Association Monday, May 9, 8:30am – 1:00pm Anniversary Installation Gala Meeting PI Wrongful Death CLE Polo Country Club in Boca Friday, May 20, Noon – 1pm Committee Meeting Cunningham Bar Assoc. Bar Assn. Office Tuesday, May 17, 8:30am – 1pm Monthly Meeting Monday, May 30 Estate/Probate CLE Seminar Library @ Main Courthouse, WPB Court Holiday – Memorial Day Tuesday, May 10, 11:45am – 1pm The Crowne Plaza Hotel Bar Office Closed SPBCBA Membership Lunch Saturday, May 21, 6pm – 11:59pm Boca Raton Marriott Wednesday, May 18, Martin County Bar Event @ Boca Center Noon – 1:00pm Mariner Sands Country Club Membership Committee Meeting Bar Assn. Office Page 20 Bulletin