SARASOTA COUNTY BAR ASSOCIATION NOVEMBER 2017 VOL. 34, NO. 10 PERSONAL LIABILITY ETHICS “Bad Dog” is a sign of the times The ethical By J. ALLISON ARCHBOLD, Esq. ries (such as dogs knocking down Archbold Law Firm, P.A. children, cyclists and the elderly) profession accounted for more than one-third ome decorating magazines main- of all homeowners insurance liability By ANTHONY G. MOWRY, Esq. tain that subway tiles, jewel claim dollars paid out in 2016. Flor- Mowry Law Office Htones and matte-finish appliances ida had the second-highest number are trending in 2017, but what of claims — 1,325. In 2016, the ccording to a December 2016 should be the hottest trend is “Bad average cost per dog-related claim in Gallup poll, only 18 percent of Dog” and “Beware of Dog” signs. the United States was $33,230. Athe public has a high or very They are a “must have” for every J. Allison In Florida, a “Bad Dog” sign can high opinion of the honesty and dog owner in Florida. Archbold, Esq. be a dog owner’s “get out of jail free ethical standards of lawyers, ranking According to the Insurance Infor- Archbold Law card” in the event of a dog bite at the our profession well near the bottom mation Institute, about 4.5 million Firm, P.A. dog owner’s home. Section 767.04, of a group of professions. Or, to put people are bitten by dogs each year. Florida Statutes, provides that “the it another way, two partners from Dog bites and dog-related inju- See SIGN, Page 16 a small law firm were having lunch when suddenly one of them looked alarmed. He announced, “I have to SCBA ANNUAL AWARDS go back to the office right away! I forgot to lock the safe!” “What are you worried about?” asked the other. “We’re both here.” I believe that our profession is an honorable one and that the vast majority of attorneys are among the most ethical and honest people in the community. When we do our jobs ethically and responsibly, we don’t really get noticed. When lawyers behave dishonestly and/ or unprofessionally — such as the recent cases in South County — our profession gets lots of publicity. I’m obviously not the first to observe this. It is difficult to change public perception. I believe part of the reason lawyers are disliked is baked into the nature of the job. Often, Front row (left to right): Stacy Dillard-Spahn, Jan Jung, Judge Lee Haworth. Standing (left to right): our duties require us to tell our Drew Clayton, Keith DuBose, Erin Christy, Chip Gaylor, Professor Jane Moretz-Edmisten, Cyndi clients things they don’t want to Riddell, Stefan Bunecky, Roxie Jerde. hear. And then we bill them for it. Sometimes we have to talk them out of potentially disastrous courses of Bar Award recipients recognized action. If we manage to do that, the client may still believe that he or she By CYNTHIA RIDDELL, Esq., Jan Jung was ilege of helping recognize the men was correct and that we, the lawyers, Chair, SCBA Annual Awards cited for her and women of our Bar Association are preventing the client from doing Committee and community who had set them- what they want. Or, as a t-shirt my unwavering selves apart for their work and wife gave me says: “Lawyers: solving he 2017 Installation Dinner support of the achievement. This year’s event was problems you didn’t know you had and Awards presentation was again held at the Sarasota Yacht in ways you don’t understand.” I Tan enjoyable night filled with legal profession Club, overlooking beautiful Sarasota would add: then billing you for it. honored guests, great speeches, and Bay. So, as a legal community, many deserving award recipients. This year Stefan Bunecky, Esq., what can we do about the poor On October 11, the SCBA Awards had the privilege of presenting this performance of our profession in Committee members had the priv- See AWARDS, Page 17 See ETHICAL, Page 3 Experience. Trust. Personal Attention. 30% Referral Fees* and the Very Best Legal Representation for Your Clients When you need to refer personal injury cases that your firm does not handle, I can assure you that I approach each referral with the highest level of personal attention and that your attorney-client relationship will always be protected. My Personal Pledge: • Aggressively represent the client, drawing upon nearly 4 decades of trial experience. I will utilize my firm’s significant resources to obtain the very best possible outcomes and recoveries. • I will thoroughly analyze each client’s unique situation, and ensure they fully understand their rights. I will then evaluate the most appropriate legal options with their best interests and personal goals in mind. Please contact me at any time to discuss opportunities to work together. *Florida Bar allows increased We appreciate your referrals. referral fees with Court approval. Experience you can count on. Personal attention you deserve. A name you can trust... in your community. Sarasota, Florida 34236 • 941.444.9601 • dandannheisser.com SCBA NEWS Thinking about things in the wake of Hurricane Irma s I sit here in my office on a ship meeting in the near future to to connecting with you in the New cloudy Saturday afternoon SCBA discuss how to use technology to get Year and letting you know how Awriting this column for the PRESIDENT’S ready for a disaster, be it a hurricane, everything worked out! I will still November Docket, I am not sure tornado, fire, flood, etc. I cannot be available by email, chip.gaylor@ I am over the effects of Hurricane COLUMN imagine practicing law in Puerto mgswlaw.com Irma. While most of us were lucky Rico right now with possible power with the greatest inconvenience being outages for months. Also, how do loss of power and the internet for a you keep and pay staff? Our meeting few days, I am still a little mentally will also cover business interruption Young Lawyers Division frazzled because of the constant insurance. Lawyers have enough to host annual Holiday Party news cycle of a potential Category stress, so do yourself a favor and 5 hurricane hitting our area. Most devote some thinking to this topic. SCBA members, judges and guests people I spoke with agreed with this Speaking of stress, I had the are invited to join us for fun, food minor PTSD diagnosis. However, pleasure of joining our Wellness and holiday cheer on Thursday, always looking for a silver lining, I committee in yoga at the Euclid December 14, 5:30 to 7:30 p.m. at the have been motivated at home and W.E. Chip YMCA last Wednesday. Every other Blue Rooster. Hors d’oeurves will be the office to make sure I am ready Gaylor, Esq. week through December will be a provided, and for the next potential disaster. In the Muirhead, new exercise you can take part at the there will be last two weeks, I reviewed and read- Gaylor, Euclid YMCA. See enclosed flyer for a cash bar. To ied for shredding 60 banker boxes of Steves & the complete list of classes. Again, gain admit- old files. When we closed a matter, Waskom, I thank Allison Archbold and her tance to the we made sure all documents were P.A. committee for putting this together. party, simply scanned, but moved the paper files to As a reminder, we do not publish bring an our attic. Being an “old dog,” it was a newsletter in December, so this is unwrapped difficult at first to see the old paper my last opportunity to wish each gift to go, but now when I see how neat of you a joyous holiday season. I donate to and orderly all areas of the office am headed to the island of Bonaire Children First. Check this month’s have become, it feels like a weight December 2, returning on January 6. Docket flyer for more information. has been lifted. I am now committed Yes, I am taking off for five weeks. Many thanks to Farr Law Firm and to trying to be as paperless as possi- Too many people are dying at an SunTrust Bank for sponsoring the ble! early age, so I am trying to do a event. In light of our recent storms, we better job of balancing work and will be holding a general member- the true joys of life. I look forward the kindness of my fellow attorneys events on a nearly monthly basis ETHICAL and bar members to resolve issues that are a good mix of social events, Continued from Page 1 for my clients. I was able to do so professional events, and service public opinion polls? On a micro because of my involvement in the events. level, we can do everything we can SCBA and the legal community, and Finally, there’s an article in to take care of the clients affected by the kindness of the local seasoned Florida Bar News detailing how misconduct of local attorneys. I have attorneys. Having mentors and lawyer well-being falls short. I taken several of Mr. Miller’s former collegiality won’t eliminate all ethical encourage members to read the clients and they are understandably violations, but having a supporting article and, as a community, focus on fed up with lawyers and are wary legal community will help avoid or Anthony G. our profession’s physical and mental of trusting us. It will take time minimize mistakes. Mowry, Esq. health. Take advantage of the Health and patience for them to trust our Mowry Law & Wellness programs developed by profession again.