st. petersburg june 2013 bar ......jowita is an attorney at perenich the law firm in st. petersburg...

32
BAR ASSOCIATION St. Petersburg June 2013 www.stpetebar.com Paraclete - The Magazine For The Legal Professional IN THIS ISSUE: Helping Those Who Will Not Help Themselves - By Lucas Fleming Drug Court: A Path Toward Rehabilitation - By Bruce Denson What Drives Us to Drink - By Kristina Feher Florida Lawyers Assistance, Inc. - By William Sansone Paddle Addict - By Bruce Denson Wills for the Greatest Generation - By Charles Samaha Attorneys and Addiction

Upload: others

Post on 09-Oct-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

BAR ASSOCIATIONSt. Petersburg June 2013 www.stpetebar.com

Paraclete - The Magazine For The Legal Professional

IN THIS ISSUE:

Helping Those Who Will Not Help Themselves - By Lucas Fleming

Drug Court: A Path Toward Rehabilitation - By Bruce Denson

What Drives Us to Drink - By Kristina Feher

Florida Lawyers Assistance, Inc. - By William Sansone

Paddle Addict - By Bruce Denson

Wills for the Greatest Generation - By Charles Samaha

Attorneys and Addiction

Page 2: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy
Page 3: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

ContentsST. PETERSBURG BAR ASSOCIATION

Editorial Policy: The Paraclete is published for the members of the St. Petersburg Bar Association. The magazine is published 10 times per year and wel-comes submissions for publication. Publishing and editorial decisions are based on the editors’ judg-ment 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 June publish articles dealing with controversial issues. The views expressed in the Paraclete are those of the authors and not necessarily those of the editors, executive committee or officers of the St. Petersburg Bar Association. No endorsement of those views should be inferred unless specifically 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 ad-vertised. Advertising rate cards are available upon request by calling 727-823-7474 and November be downloaded at www.stpetebar.com. © 2007 St. Petersburg Bar Association.

St. Petersburg Bar Association2880 First Avenue North

St. Petersburg, FL 33713-8604Phone: 727.823.7474 • Fax: 727.823.8166

E-mail: [email protected] Referral Service: 727.821.5450

The mission of the St. Petersburg Bar Association

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

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

Executive DirectorD. C. “Chip” Collins

[email protected]

Editor Jowita Wysocka 727-669-2828

[email protected]

Paraclete AdvertisingJoAnn Knight 727.823.7474

[email protected]

Design & Production727.239.3713

[email protected]

Paraclete: The Spirit of Truth June 2013

www.stpetebar.com Paraclete – June 2013 3

Features ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8 Helping Those Who Will Not Help Themselves -By Lucas Fleming

10 Drug Court: A Path Toward Rehabilitation - By Bruce Denson

12 What Drives Us to Drink - By Kristina Feher

14 Florida Lawyers Assistance, Inc. – There Is Help, and There Is Hope - By William Sansone

15 Sober With a Capital “S” - By Jowita L. Wysocka

18 Paddle Addict - By Bruce Denson

20 Wills for the Greatest Generation - By Charles Samaha

28 Suncoast Voices for Children Receives Grant from the St. Pete Bar Foundation - By Jason Moyer

Around the Bar–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

13 Bar and Court News

16 Law Day

29 PFAWL Recap on FAWL’s Pathway to Leadership

In Every Issue––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––-

4 President’s Message

6 From the Editor

22 Paraclete Parent

24 St. Petersburg Bar Foundation

26 Community Law Program

29 Classifieds

30 What’s Up and Who’s New

Page 4: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

4 St. Petersburg Bar Association www.stpetebar.com

President's Message:Would You Know It If You Saw It?

Do you know anyone who is addicted to drugs, including alcohol? Would you know

addiction if you saw it? If you lived with it, worked with it, socialized with it?

Drug and alcohol addiction is likely to affect friends, family or colleagues of every one of us. It is not always obvious, but it can be deadly. Yet it often is kept secret; denied, ignored or covered.

When addiction appeared in my family 5 years ago I completely denied its presence. I rationalized, disputed and rejected the truth. I ignored the subtle and also the clear signs of substance abuse and its control. But denial did not help the disease of addiction. The “family disease” as it is aptly called, truly does affect the entire family.

I am no expert, but I have been enlightened by exposure to the power and danger of addiction. I have also seen the pure blessings of recovery, the success of treatment, of step study, of support systems, and the joys of sober living for our entire family.

If I can share even one thought here that helps someone with any aspect of addiction, I am thrilled. My wife and I have shared our story openly in many settings in recent years, with other families we’ve met who have faced similar challenges. Here are some of the insights I have gained from experts who treat addiction daily and from our own personal journey.

Perhaps my most useful message is

about how family or friends can respond to addiction. Recognizing it is the start. (Resourceful information is readily available through web-sites like Hazelden, Caron or Hanley Center, (treatment programs), or Alcoholics Anonymous, AA.org and Al-Anon.org).

Seeking help for both yourself and your loved one is the key. Most programs for treatment of substance abuse include family education as a critical component. In my experience the information and the process were both eye-opening, and were the beginning of a healing process for our family.

In-patient treatment programs can be a crucial start toward addiction recovery. My advice is to fully research the available programs for their approach, plan, history, and their client population. In my family, the teachings and methods of AA have been a large part of the path to recovery, both for the parents and the child. Others in recovery, sponsors, mentors and models are critical to help maintain and support the addict’s work in recovery. Abuse or addiction is not overcome in a 30 day residential treatment program, alone. The recovery process takes much more time. But recovery can be accomplished and sobriety maintained, as an ongoing challenge.

I completely agree that the AA “Twelve Step” program, with its self analysis and life plans, is an extremely valuable process for any individual to complete, not just those struggling with addiction. I would

even say that if seriously accomplished it is a life-changing blueprint for better living. (Step study resource materials are fully available, see for example hanleycenter.org/bookstore, or check a Celebrate Recovery site).

Other resources locally for referrals in dealing with substance abuse issues include: this Paraclete issue, your favorite local criminal defense attorney, “Celebrate Recovery” programs (at several area churches, including First United Methodist, downtown), Operation PAR, Inc., mental health professionals specializing in addiction, and carefully researched in-patient treatment programs. Specifically for our legal profession The Florida Bar’s “Florida Lawyers Assistance” (“F.L.A.”) program is a confidential source for treatment coordination, as fully described by the article in this Paraclete issue. I am gladly available to talk with anyone privately on these issues.

The key is to reach out and seek help as a family member or colleague, to find the support and assistance which is available. Any “embarrassment” or stigma regarding substance abuse must yield to efforts toward help. Addiction is a disease and it requires attention and treatment.

F.L.A. says it best in their literature: “... substance abuse, compulsive behavior and psychological problems are treatable illnesses rather than moral issues. Our experience has shown that the only stigma attached to these illnesses is an individual’s failure to seek help.”

By Timothy A. Miller

J June 2013MEMBER APPRECIATION RAFFLE WINNER

Terry B. Salisbury

Sponsored by

Page 5: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 5

Page 6: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

6 St. Petersburg Bar Association www.stpetebar.com

It’s no secret that high-stress professions contribute to substance abuse. This theme is central to the recently

released film “Flight,” in which Denzel Washington portrays an airline pilot battling alcoholism. Like aviation and medicine, law is an unnerving, high-stakes occupation. In my first few years of practice in Massachusetts and New York, I was constantly apprehensive of some disgruntled client filing a bar complaint, losing a motion for summary judgment or trial, or missing a critical deadline such as a statute of limitations. To make matters worse, during my years at two very large firms, I endured regular criticism and rebuke by other attorneys, and they were not just opposing counsel. The greatest sources of consternation were the partners at my own firm who felt the need to bully young associates to mollify their own stress (which was usually the product of their own chronic procrastination and dissatisfaction in their personal as well as professional lives).

At first, this routine emotional abuse compounded my worst fears. Over time, however, I learned to accept and expect a certain level of hostility from clients and other lawyers, but I realized that their

behavior was largely driven by fear and anxiety, too. Further, every lawyer had to begin practicing at some point, and it’s called “practicing law” for a reason. There is no such thing as perfection, so all we can do is our best.

A family member of mine is a therapist, and one of the most critical bits of advice she ever gave me was about six years ago, when she commented on my significant compassion for others and then asked, “Why can’t you be that compassionate toward yourself?”

As attorneys, most of us are over-achievers. We set incredibly high expectations for ourselves, and there are few things we hate more than losing. Given the tremendous pressures on all attorneys—not just newbies—to win motions and trials, settle at the best price, generate revenue for the firm, work long hours, and avoid grievances and bad reviews by clients, tempers will flare. Amid this tumultuous lifestyle, it’s little wonder that attorneys turn to alcohol, chemical substances, and other vices to alleviate the strain of constant demands being placed on them at work (and often at home as a result of their absence there). Gambling (along with other office

indiscretions) was a favorite diversion for many attorneys at one firm where I worked. Overnight excursions to Atlantic City, the red eye to Vegas, and daily conference calls with bookies were the norm.

Several months ago, our bar president, Tim Miller, suggested that we devote an issue to the Paraclete to substance abuse in the legal profession. The Paraclete Editorial Committee and I found this to be a much-needed and long-overdue topic of discussion. In this issue, you will find articles from Florida Lawyers Assistance, a program that works with attorneys struggling with alcohol and drug dependence. Additionally, you will find articles by Bruce Denson and Lucas Fleming, both of whom are criminal defenses attorneys committed to raising awareness in the community about addiction and related mental health disorders.

Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy law. She is also the founder and director of Florida Lawyers for the Arts, Inc., a non-profit that provides legal resources to artists and arts organizations.

From the Editor:Addressing Addiction and Mental Health in the Law

By Jowita L. Wysocka

Page 7: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 7

Page 8: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

8 St. Petersburg Bar Association www.stpetebar.com

By Lucas Fleming

Helping Those Who Will Not Help Themselves

The Marchman Act is the answer for people who need help with substance abuse and will not

seek treatment for themselves.

The Marchman Act, found within Chapter 397 Florida Statute, was passed by the legislature to require individuals to undergo assessments and treatment for substance abuse. Many confuse this act with the more commonly known Baker Act, which relates to involuntary assessments and treatment for mental health disorders.

Under the Marchman Act, an individual is assessed to determine whether treatment is warranted. The court can hold an individual for up to 5 days for an assessment and then must renew the petition after 60 days if treatment is ordered.

The way to have a person placed under the Marchman Act is by the use of law enforcement, a physician, a relative or three adults who reside in the same county as the person.

At the assessment stage, the court must determine whether there is a good faith belief that the person is substance abuse impaired and that because of that impairment they have lost self control over their substance use. The court will also have to determine whether the person has inflicted, threatened, or attempted to inflict physical harm on themselves or others, or whether their judgment become so impaired that they cannot appreciate the need for treatment services.

If the person is committed under the Marchman Act, the petitioner has 5 days to file a petition for treatment. The person can be held after the 5 days for up to 10 days until the court hears the

petition. This hearing is the first time the person is entitled to legal counsel. The petitioner at the hearing must prove the need to involuntarily commit this person by clear and convincing evidence. The court upon making that finding will then enter a 60 day treatment order. If after 60 days the need for treatment continues to exist, the court can renew its order for subsequent 90 day periods (as long as the petition for renewal is filed within 10 days before the expiration or the court’s previous order).

The court is not limited to inpatient treatment for the person if they are committed under the Marchman Act. Out patient treatment options can also be ordered by the court.

The teeth to the Marchman Act comes with the court’s ability to hold a person in contempt if they do not follow its order. A remedy available to the court is to place them in jail. The court can sentence a person up to 6 months for contempt but can release them early if the person agrees to follow the court order and undergo treatment.

In Pinellas County when law enforcement takes someone into

protective custody under the Marchman Act, they are directed to attempt to place the person at PAR or Westcare. If no space is available, they then take the person to the Pinellas County Jail. The person is then interviewed by a nurse at the jail. If it is determined that further medical treatment is necessary, they are taken to the emergency room. Otherwise, they are typically held for 8 hours or until they are sober and are released. No record of their being taken into custody will exist.

If after the person is sober it is determined that they have a mental health disorder that falls within the Baker Act, then they are transported to a Pinellas Emergency Health and Mental Services (PEHMS) facility or a private facility if they have health insurance.

Since Pinellas County does not have a licensed receiving facility, the burden falls on the Pinellas County Jail to receive individuals who are taken into custody under the Marchman Act. The exception is when the petitioner has placement at a facility arranged in advance. In the past a person taken into protective custody could typically sober up and be released the next day. However, with the advent of the use of Oxycodone pills that is becoming less of an option. The result is an increased burden on the jail and emergency rooms. A licensed receiving facility in Pinellas County could benefit this community in a way that would provide a place for individuals to go through the appropriate detoxification process.

Lucas Fleming is a criminal defense attorney in St. Petersburg. One focus of his practice is assisting individuals with substance abuse and mental health issues find treatment.

Page 9: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 9

Page 10: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

10 St. Petersburg Bar Association www.stpetebar.com

The cooperative effort of a team approach is a hallmark of the Sixth Judicial Circuit Adult Drug

Treatment Court. It is a court-supervised, comprehensive drug treatment court for eligible non-violent defendants. The voluntary program involves numerous appearances before the Drug Court judge, substance abuse treatment and frequent, random testing for substance abuse. “Drug Court is an effective alternative to incarcerating drug users by rehabilitating them and restoring them as productive members of society,” according to Katharine Sellers, a lead prosecutor in the division.

Pinellas County Adult Drug Court was initiated in 2001 and consists of a community partnership forged between the Sixth Judicial Circuit, State Attorney’s Office, Public Defender’s Office, Sheriffs’ Offices, Florida Department of Corrections, local law enforcement, community substance abuse providers, and the Pinellas Board of County Commissioners. Currently the Federal Government is also assisting through the “You Can” program that provides individualized and gender specific help to people addicted to prescription drugs.

Successful completion of the 18 to 24 month Adult Drug Treatment Court plan may result in the dismissal of charges against defendants entering the program through Pre-Trial Intervention (PTI). First-time Defendants facing a non-violent, third-degree felony charge are admitted to Drug Court PTI program at the discretion of the State Attorney.

For defendants entering the Drug Court as a condition of probation (post-plea drug court), successful completion may result in adjudication being withheld and/or a reduced length of probation. The program is rigorous. All participants are required to appear in court every 30 to 45 days for a review by the Drug Court judge.

In addition to stopping drug use, Judge Farnell encourages defendants to participate in many “Challenge” programs to foster good behaviors and activities. Team C.L.E.A.N. (Citizens Learning to End Addiction Now) is the drug court running club the Judge started and the various race jerseys and numbers are throughout the courtroom. There are other programs like Paddle Addict designed to get people active and having fun sober. Other challenges like stopping smoking, getting a haircut and

book reports are all designed to improve drug court participants’ lives.

After defendants have completed treatment, remained drug free for at least one year and completed all of the requirements of Pre-Trial Intervention or probation they may petition the court for a dismissal of the charges (Pre-Trial Intervention) or early termination of probation (post-plea drug court). Both resolutions are great alternatives to a felony conviction.

According to Nicholas Bridenback, the program manager for Drug Court, the latest report made to Tallahassee shows that 457 people successfully completed the program last year. More importantly, less than 10% of the 2011 graduates were rearrested, which is a true indication of how successful this program is for people struggling with addiction.

Bruce Denson is a criminal defense attorney in St. Petersburg with an emphasis on first-time offenders, drug cases, DUI, and people struggling with addiction issues. He is also the president and founder of Paddle Addict, Inc., a non-profit that seeks to help people in recovery from substance abuse through watersports activities.

Drug Court:

A Path Toward RehabilitationBy Bruce Denson

Page 11: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 11

Page 12: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

12 St. Petersburg Bar Association www.stpetebar.com

I have billable hours. I need to finish the report for the partner. The statute of limitations will expire. The deadline to

file the Motion for Summary Judgment is tomorrow (or maybe even tonight).

We have many reasons as to why we work hard but the underlying truth is the field of law is demanding. In addition to the demanding field, attorneys place even more demand on themselves. “I want to be a good spouse.” “I haven’t done laundry in weeks – I need to do three loads tonight.” “There is nothing in the fridge – I have to go to the grocery store today.”

Yet why are we still surprised that lawyers are disproportionately affected by addiction? The American Bar Association estimates that 1 in 5 (18-20%) lawyers abuse drugs or alcohol (in comparison to 8 to 10 percent of the general population). The ABA’s Commission on Lawyer Assistance Programs explains: “Because many lawyers and judges are overachievers who carry an enormous workload, the tendency to ‘escape’ from daily problems through the use of drugs and alcohol is prevalent in the legal community.”

Long hours drive us to drink. Young lawyers have recently entered the workforce and want to please and succeed. In some firms, success is tied to your billable hour. When we equate billable hours with success, we create long workdays for ourselves. The truth is that the young lawyer who generates billable hours has a larger collection percentage, which could lead to a bonus.

An attorney with a billable hour requirement or goal of 2,000 may be working 60 to 80 hours a week to achieve those billable hours. In addition to the billable hour, many young lawyers attend networking functions in the evening. This could also lead to working on the weekends.

Competition drives us to drink. Long hours are required to stay on top of your caseload and to serve your clients. In a down economy,

with more lawyers than ever graduating, there are fewer clients to go around. If your firm loses clients and loses the competitive edge to gain more business, it will affect your outlook and your self-esteem and open the door to addiction.

Deadlines drive us to drink. Deadlines in the law do not allow for error, or for vacations for that matter. An answer or discovery deadline will not wait for your return from a sick day. A court appearance will not be rescheduled if you decided to take a vacation instead. In our own Middle District of Florida, a local attorney attempted to continue a federal death penalty case in order to attend an annual Ernest Hemmingway look-alike contest. His request to continue was denied. But if there are continuous court deadlines, filings, and appearances to be made, when does one take a vacation?

Opportunity drives us to drink. Even in my personal experience, the well-attended networking functions, holiday parties, and celebrations have one thing in common – a great bar. An open bar event can set attendance records. And I must admit, I

am guilty of creating opportunity also – the Young Lawyers’ Section regularly meets for happy hour at downtown St. Pete bars.

But it is also the opportunity that firm resources provide that can lead a young lawyer down a dark path. Comingling, borrowing, and misusing clients’ trust funds are a common result of an impaired attorney’s actions. An impaired attorney may miss a court hearing, an answer or discovery deadline, and fail to keep appointments or return phone calls. The ABA Commission on Impaired Attorneys states that reports from lawyer assistance programs “indicate that 50% to 75% of major attorney disciplinary cases nationwide involve chemical dependency.”

We drink to de-stress – from the deadlines and pressure to create business. We drink because we feel we have no control over our lives – it is dictated by the billable hour and the senior partner. We drink because we are unhappy – because the hours and pressure get to us.

It is important to recognize the signs of an impaired attorney: denial; blaming others for problems or errors; blacking out and not recalling events; missing deadlines; withdrawing from family and friends.

If you or an attorney, judge, law student, or support person you know are experiencing problems related to alcoholism, drug addiction, gambling, depression, stress, or other psychological problems, or if you need more information concerning these conditions or the attorney support meetings, please call Florida Lawyers Assistance at (800) 282-8981.

Kristina Feher is the managing member of Feher Law, and her practice areas include bankruptcy, divorce, small business matters, and immigration. Kristina can be reached at 727-359-0367 or [email protected].

What Drives us to Drink?

By Kristina Feher

Page 13: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 13

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 more information please contact Meeting/Education Co-Chairs, Elaine Stinson at [email protected] or Valerie Tolisano at [email protected] or visit the ALA website at http://alasuncoast.org/ for more information. The next meetings are:

PINELLAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS: The PACDL monthly meetings are held the second Wednesday of each month. Locations vary, but are frequently at the Criminal Justice Center from 12:00 to 1:30 p.m. Lunch is typically provided. For more information on PACDL please contact Garry L. Potts for the location or more information at [email protected] or (727)538-4166. All attorneys are welcome to attend.

PINELLAS COUNTY CHAPTER OF THE FLORIDA ASSOCIATION FOR WOMEN LAWYERS: PFAWL meets on the 1st Tuesday of each month at 6:00 p.m. at different locations each month. There is no RSVP requirement. For more information contact Marcelana Anthony at [email protected].

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 Crystal Siegel: [email protected] or Chrystal Lunsford. For more information on the local chapter contact Chrystal Lunsford at [email protected] or visit the Paralegal Association of Florida website at www.pafinc.org. The next meetings are:

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

SPALSS is in the process of restructuring. Currrently there are no meeting dates on their calendar at this time. All legal support staff and attorneys are welcome. For more information contact Interim President, Roslyn Anderson at [email protected] or Susan Batchelder at 727-502-8219.

June 2013

Date: Wednesday, June 12, 2013 Time: 11:45 a.m. – 1:00 p.m.Program: Lunch Meeting of the General MembershipLocation: Bascom’s Chop House 3665 Ulmerton Road Clearwater, FL 33762

Date/Time: Friday, August 6, 2013 – 6:00 p.m.Program: Monthly Social Location: TBA

Date/Time: Tuesday, July 9, 2013 – 6:00 p.m. Program: Installation of Board MembersLocation: TBA

Date/Time: Tuesday, June 11, 2013 – 6:00 p.m.Speaker: V. James Dickson, Esq.Program: To Be AnnouncedLocation: Antonio’s Pasta Grille 2755 Ulmerton Rd. Clearwater 33762

Date: Wednesday, July 10, 2013 Time: 11:45 a.m. – 1:00 p.m.Program: Lunch Meeting of the General MembershipLocation: The Centre Club 123 S. Westshore Blvd. Tampa, FL 33609

Date/Time: Tuesday, July 9, 2013 – 6:00 p.m.Speaker: Dana L. Greenbaum, Esq.Program: Foreclosure MediationLocation: Antonio’s Pasta Grille 2755 Ulmerton Rd. Clearwater 33762

www.stpetebar.com Paraclete – April 2013 13

Page 14: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

14 St. Petersburg Bar Association www.stpetebar.com

F lorida Lawyers Assistance, Inc. (FLA) is a lawyers-helping-lawyers program which offers

confidential help to judges, attorneys, and law students dealing with alcohol and drug abuse problems, compulsive gambling, stress, depression, other types of compulsive disorders, and similar conditions which may impair these individuals’ quality of life and ability to practice in a competent, ethical and professional manner. FLA was created in 1986 by recovering attorneys and addiction professionals in order to help other lawyers deal with their impairments. The backbone of FLA is a network of over 200 attorneys throughout the State of Florida who are themselves recovering from substance abuse, psychological problems, and impairment caused by other conditions. These volunteers stand ready to assist their peers in all areas of their recovery. The staff and volunteers of FLA know the problems faced by impaired attorneys and how to help overcome these problems because they’ve been there.

Because of the sensitive nature of addiction and psychological problems, attorneys who may be in need of help are often very reluctant to seek that assistance. Recognizing this concern and in order to foster early and confidential contact with FLA, in 1986 the Supreme Court of Florida approved Rule 3-7.1(j) which states that any treatment provided to an impaired attorney shall be deemed confidential and may not be admitted as evidence in any disciplinary proceeding. In 1998, the Florida Legislature adopted §397.482-486, F.S. providing confidentiality for any voluntary communications made to FLA.

Among the confidential services provided by FLA are:

• Assessment and Referral: A trained member of the FLA staff will meet with an affected attorney, either at FLA’s Ft. Lauderdale office or off-site, to evaluate the problem and recommend available treatment and rehabilitation options.

• Interventions: In appropriate situations, a member of the FLA staff will plan, rehearse, and facilitate a formal intervention to assist an impaired attorney.

• Peer Support Network: The affected attorney will be paired with a recovering lawyer in their geographical area to act as a mentor and to help with their rehabilitation.

• Attorney Support Meetings: FLA sponsors over 30 weekly meetings around the state where recovering attorneys network to help each other deal with the problems and stresses of practicing law without having to resort to using substances or engaging in self-destructive behavior.

• Education and Prevention: FLA works with law firms, the courts, The Florida Bar, and the Florida Board of Bar Examiners to educate members of those entities concerning attorney impairment and recovery. In addition, FLA makes regular presentations at CLE seminars and law schools throughout the state regarding addiction and mental health issues.

• Annual Workshop: FLA presents a CLE seminar in July of each year dealing with such issues as recent developments in the treatment of various impairments, disciplinary proceedings in which lawyer impairment was involved, and Board of Bar Examiners and Supreme Court decisions and procedures concerning admission

of applicants with histories of chemical dependency or psychological problems.

• S t r u c t u r e d Rehabilitation Program: In cases involving attorney discipline or admissions problems, FLA can implement a structured rehabilitation program which will document an attorney’s or law student’s recovery. Such evidence of recovery will often be taken into consideration by The Florida Bar or Board of Bar Examiners

when determining discipline or recommendations for admission.

Facts About Impairment

• Addiction and depression are treatable illnesses.

• Addiction and depression occur

Florida Lawyers Assistance, Inc. -There Is Help, and There Is Hope

By William Sansone

Page 15: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 15

in every socioeconomic group. It has been estimated that their prevalence within certain professions (including attorneys) may be higher than in the general population.

• Alcohol is the most widely used and destructive drug in America. Alcohol abuse among women has doubled in recent years. Previously the ratio of women alcoholics to men was 1 to 6; it is now 1 to 3.

• Marijuana is not a “benign” drug. It severely affects memory, concentration, and ambition.

• Complications associated with the use of cocaine include damage to the heart, brain, and other major organs. Continued use causes dramatic personality changes and deterioration of ethical values, leading to criminal and disciplinary penalties.

• More than 400,000 Floridians suffer from gambling addiction.

• One of the symptoms of addiction is denial - an individual who is addicted usually has little or no insight into their problem.

• 35% to 50% of disciplinary cases can be traced to an underlying impairment.

• Early intervention and treatment of the addicted attorney often leads to complete recovery.

Addiction is not a moral issue, but rather is a treatable illness which causes a deterioration of moral and ethical values. The stigma is not in having the illness, but in failing to seek treatment once its presence is recognized. Seeking treatment is perfectly acceptable social behavior. Addiction is a progressive disease - it never gets better by itself.

Free, confidential help is available to you or a lawyer you know who may be having problems with drugs, alcohol, gambling, or a psychological condition which is impairing the ability to practice law or live life. If you

or someone you care about is suffering from such a problem, professional and peer assistance is available to help bring about a positive change.

FLORIDA LAWYERS ASSISTANCE CAN HELP.For Additional InformationCall the FLA Hotline or visit the FLA web site:(800) 282-8981www.fla-lap.org

William Sansone is an assistant state attorney for the Thirteenth Judicial Circuit. Prior to coming to the state attorney’s office, he worked at Hill Ward Henderson in Tampa. He also served as a judicial law clerk to the Honorable Susan C. Bucklew in the Middle District of Florida and the Honorable Charles R. Wilson on the United States Court of Appeals for the Eleventh Circuit. William has been on the Board of Director’s of FLA since 2009.

If you’ve ever attended a twelve-step or Al-Anon meeting, you may have heard of the distinction between

being sober with a capital “S” versus a lowercase “s.” Many recovering alcoholics and addicts, particularly in the early days or months, pride themselves on the number of days they have not had a drink or used drugs. What’s missing frequently is that they have not yet learned to address the deeper issues: the source of their dependence in the first place. In fact, without alcohol or drugs to act as a buffer, they can be angry, depressed, anxious, and frustrated. In other words, they are forced to feel their emotions for the first time in years, and they seldom

enjoy it. Sponsors and others who have followed a recovery program call these individuals “dry drunks.” They are technically “sober,” but they are far from “Sober.”

A healthy and successful recovery requires far more than merely refraining from drinking, using, or engaging in other destructive practices to mask and avoid the pressures of professional and personal life. It requires learning to cope and deal with these issues in a healthy manner. For many individuals, having a sponsor and following a twelve-step program works. It requires a great deal of time, effort, and uncomfortable soul-

searching, but it’s free and allows people to go about their regular lives. For others, an in-patient program, such as a 30 or even 90-day rehab, is necessary to help get them on track. Either way, Sobriety involves far more than merely becoming a teetotaler, but in the end, it may very well save that person’s life.

Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy law. She is also the founder and director of Florida Lawyers for the Arts, Inc., a non-profit that provides legal resources to artists and arts organizations.

Sober With a Capital “S”

By Jowita L. Wysocka

Page 16: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy
Page 17: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

2013 LAW DAY LUNCHEONTHANK YOU TO

OUR SPONSORS!

PRESENTING ~ GOLD SPONSOR

SILVER SPONSOR

BLUE SPONSORAbbey Adams Byelick & Mueller, LLP

Englander Fischer WestlawNext

RED SPONSORAffinity Consulting Group

Florida Forensic Engineering David Seth Walker

St. Pete Bar members and guests celebrated Law Day on Friday, May 3rd at the Mirror Lake Lyceum. Highlights of this special day were:

•The Judge Paul H. Roney Essay Scholarship was presented to Ryan Pekrul-Carter

•The 5/3 Bank and Young Lawyers Section Scholarship was presented to Morgan Reitz

•The Joyce Ann Nelle Legal Assistant Scholarship was presented to Linda C. Hunsinger

•The Liberty Bell Award was presented to Walter Loebenberg

•The 5/3 Bank and St. Petersburg Bar Association 2013 Professionalism Award was accepted by Will Conroy, for

Leonard S. Englander

•The Judicial Appreciation Award was presented to the Honorable James V. Pierce

•The Cheryl Smith Khan Poster Contest awards were presented to Nolan Apostolu and Dominic Escobar

Page 18: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

18 St. Petersburg Bar Association www.stpetebar.com

In 2011, I was doing some soul searching. It was a down year in the economy and I had a little extra

time to look at my practice and my life. I was asking myself two basic questions:

1. What is the most rewarding part of my criminal defense practice and how can I expand that; and

2. Personally, what do I have fun doing and how can I do more of it?

I was not looking to combine work and personal life, but I found one answer to both of those questions.

Professionally, one of the most rewarding parts of my job is helping people with substance addiction issues address not just the criminal problem, but the underlying problem related to abuse of drugs or alcohol. Not surprisingly, a large percentage of my clients have a problem with drugs or alcohol that has led to criminal charges. Once a person is arrested their situation either gets better or worse. It has always been my goal to not just resolve the criminal problem, but to address the

underlying problem so that further legal issues do not follow.

Personally, I had gotten into the sport of stand up paddleboarding. This was a relatively new sport and I was immediately taken with it. I love being outside on the water. I love the exercise. And, there is just something about the rhythm and engaging in the elements that just hit me right.

Back to the soul searching. It occurred to me that many of my clients had forgotten how to have fun while sober. Their thoughts and days had been filled with bad habits. I had also seen that unless a person develops good habits and activities to replace the bad habits, they will go right back to what they were doing before. The idea was simple: to get people out for a free paddleboard lesson and introduce them to some fun, sober, healthy living.

It was immediately apparent in the first outing that I was onto something. You could see the joy and excitement in people’s faces as they got out on the water and started paddling. Paddleboarders call it “sharing the stoke.”

From the initial outing the program has grown. There is a powerful analogy for participants to draw from what they have been learning in group counseling. The ideas of finding balance, moving forward and getting back up when you fall are directly applicable to the sport. We have had over 50 people participate in the program. It is our goal in 2013 to get over one hundred people out on the water.

If you know someone who would benefit by participating in the program, please have them give me a call. If you would like to be involved in anyway, please let me know. You never know what a little bit of paddling and soul searching can do.

Bruce Denson is a criminal defense attorney in St. Petersburg with an emphasis on first-time offenders, drug cases, DUI, and people struggling with addiction issues. He is also the president and founder of Paddle Addict, Inc., a non-profit that seeks to help people in recovery from substance abuse through watersports activities. He may be reached at (727) 896-7000.

By Bruce Denson

Paddle Addict

Page 19: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 19

Page 20: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

20 St. Petersburg Bar Association www.stpetebar.com

On March 7, 2013 I partook in the Wills for the Greatest Generation event at Stetson University

College of Law. Stetson, the Community Law Program (CLP), and the St. Petersburg Bar Foundation jointly sponsored the event. Nine volunteer lawyers prepared simple wills, living wills, and health care surrogates for military veterans and their spouses. Students at Stetson screened potential clients to ensure eligibility and the CLP/Stetson provided draft documents for an attorney’s review. There were morning and afternoon sessions and most attorneys had two clients. The volunteer attorneys were Louis Adcock, Lee Carr, Shavarne Dahlquist, Kira Doyle, Celine Dudley, Lisa Hoppe, Beth Horner, Charles Samaha, and Douglas Williamson. All clients executed a limited scope legal representation agreement so that they understood the limited nature of the representation.

Kimberly Rodgers, executive director of the CLP, helped throughout the day. She stated:

This project represented the collective vision of Professor Rebecca Morgan, director of the Center for Excellence in Elder Law at Stetson (among her other roles) and Gentry Byrnes, immediate past president of the SPBA. Together, they wanted to organize an event that would provide an opportunity for our community’s greatest heroes to get basic estate planning documents in place. Through their leadership along with the incredible dedication and hard-work of Darlene Kirzen, Manager of the Center for Excellence in Elder Law, law students who contributed countless hours drafting documents and interviewing clients, and the attorneys who volunteered their time, we pulled together a wonderful event that provided a tremendous benefit to our local veterans and their spouses. A card I received a few days after the event from one of the clients we helped said, “[thank you] for providing such a pleasant and

caring environment to complete a long overdue task.”

My first client, Joseph P. Kurkowski,1 was a Polish-American World War II veteran. In the summer of 1941, prior to America’s entry into the war, he enlisted at Windsor, Canada with the Polish Legion, which mainly consisted of Americans and Canadians of Polish descent. The recruiters allowed Joseph to enlist at the tender age of 16. And, when the recruiters were challenged about Joseph’s age, they told a canard that they were allowed to recruit young boys as buglers. Even though the soldiers of the Polish Legion wore British outfits and used British equipment, the officers were Polish and the main spoken language was Polish. In 1943, Joseph was transferred to the 5th Division of the American Army, and undertook American basic training in England. In 1944, the unit was incorporated into General Patton’s Third Army. On October 14, 1944 Joseph was wounded in the left knee during the bitter fighting at Metz, a city in the northeast of France, near Germany’s border. After his recuperation, he was transferred to the 8th Army Air Force. After the war, he joined the Marines and did two hitches – one at Guantanamo Bay, Cuba and the other at Quantico, Virginia. He then joined the 11th Airborne Division and served occupation duty in Japan. He was discharged on September 7, 1953. I could have spoken with him for hours about his exploits and life, but we focused at the matter at hand. I learned he needed to update his will, living will, and health care surrogate, which we did for him through the assistance of two Stetson law students, Meredith Peck and Kevin Albaum.

After about spending one hour with Joseph, I then assisted a second client, who was the widow of a veteran. She was eligible for the services and I prepared a will, living will, and health care surrogate for her. I was assisted by two other Stetson students, Alex Allred and Michelle Putvin.

While at Stetson, I learned about The Mickey Rooney Elder Abuse Pro Bono Project, which Holland & Knight sponsors with the assistance of the Center for Excellence in Elder Law at Stetson. Stetson students assist attorneys at Holland & Knight, who provide pro bono representation to the indigent elderly who are victims of financial abuse. The idea stemmed from the financial abuse that Mickey Rooney suffered. For further information, contact Robert Lang, Esq., Holland & Knight, (813) 227-6587.

The experience at Stetson was rewarding and I look forward to helping in the future.

By Charles M. Samaha, © 2013, all rights reserved.

1 Mr. Kurkowski consented to have his personal history and name printed in this article.

Wills for the Greatest Generation

By Charles M. Samaha

Page 21: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 21

Page 22: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

22 St. Petersburg Bar Association www.stpetebar.com

By Gay L. Inskeep

Substance abuse is not just an adult issue. According to research conducted by the National

Institute on Drug Abuse, the use of marijuana, synthetic marijuana, and non-medicinal use of prescription drugs is on the rise among high school students. One study showed that 36.4% of high school seniors had used marijuana in the past. Perhaps more alarmingly, 11.3% reported having used synthetic marijuana, also known as Spice or K2, which are inane looking herbal mixes laced with synthetic cannabinoids, chemicals that act in the brain like the THC found in marijuana. The most commonly abused prescription drugs among teens are Adderall and Vicodin, but also include Oxycontin and Ritalin, tranquilizers, and sedatives. There are also some newer dangers cropping up, such as Bath Salts, a synthetic form of the khat plant, Cheeba Chews, a marijuana “candy,” and Scooby Snacks, a form of Ecstasy. Scary stuff.

How do we help our children navigate these potentially dangerous waters? The preferable path is to help them avoid getting involved with drugs or alcohol in the first place. Experts recommend not leaving things to chance. Parents need to talk to their children early and often, even if it makes them or the child uncomfortable. None of us can afford to think, “Not my child.” There is simply too much at stake. There is a document called “Family Check Up” on the National Institute on Drug Abuse website that is a handy little guide about how to prepare for this, or any other, difficult conversation with your child. Some of it seems like common sense, but it is worth a read and will help you prepare for conversation and also provide structure. The first thing it

advises is not to rush it; be sure you pick a good time to talk where both you and your child can focus all of your attention on the communication. Gather your thoughts before the talk, and stay calm and patient (I made a big asterisk next to that one for myself). It goes on to give pointers on effective communication, suggestions for encouraging your child without taking over, negotiating and problem solving, setting limits (with a reminder not to establish a consequence that punishes you instead of the child), tips on supervising your child, even when you can’t physically be with him or her, and strategies to help decrease negative peer influence.

So what if your prevention efforts don’t work? One of the hardest lessons I have had to learn as a parent is that ultimately, although we as parents can wield a significant amount of influence over our children, we cannot completely control them. Sure, we can try to monitor their

movements, their friendships, and their activities, but it is unrealistic to think that we can be at their side every minute of every day. Despite our best efforts, they may make some bad choices that can have lasting consequences. And with substance use or abuse, it doesn’t take long for things to spiral out of control. Experts have developed some guidelines based on changes in your child’s behavior, personal appearance, personal habits, home or car related issues, health, and school or work issues to help you identify whether or not your child is in trouble. Knowing what to look for is an important first step in helping your child if he or she is developing a problem:

Behavioral issues: • Change in family relationships • Loss of inhibitions• Mood changes or emotional

instability• Loud, obnoxious behavior

Page 23: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 23

• Laughing at nothing• Unusually clumsy, stumbling, lack

of coordination, poor balance• Sullen, withdrawn, depressed• Unusually tired • Silent, uncommunicative• Hostile, angry, uncooperative • Deceitful or secretive• Makes endless excuses• Decreased motivation• Lethargic• Unable to speak intelligibly,

slurred speech, or rapid-fire speech – barring hearing loss or stroke, slurred speech is usually linked to the influence of some type of drug.

• Inability to focus• Hyperactive• Unusually elated• Periods of sleeplessness or high

energy, followed by long periods of “catch up” sleep

Personal appearance:

• Messy, careless appearance• Poor hygiene• Small red marks or open sores and

bruising on arms or legs, or wearing long sleeves in warm weather to hide marks

• Burns or soot on fingers or lips• Red, flushed cheeks or face• Red, flushed cheeks or face

Personal actions or habits:

• Smell of smoke on breath or clothes• Chewing gum or mints to cover up

breath• Heavy use of over-the-counter

preparations to reduce eye reddening (eye drops), nasal irritation, or bad breath (breath mints or gum)

• Frequently breaks curfew• Cash flow problems• Reckless driving, car accidents, or

unexplained dents in the car• Avoiding eye contact • Clenching teeth (both Meth and

Ecstasy cause involuntary teeth clenching

• Locked bedroom doors

• Going out every night• Secretive phone calls, texting,

instant messages or emails• “Munchies” or sudden, voracious

appetite• Sudden or increased use of air

fresheners, scented candles, or incense

Home or Car Related Signs:

• Disappearance of prescription or over–the-counter pills

• Missing alcohol or cigarettes• Disappearance of money or

valuables• Unusual smell in the car or bottles,

pipes, or bongs on floor or in glove box

• Appearance of unusual containers or wrappers, or seeds left on surfaces, like Frisbees, used to clean marijuana

• Appearance of unusual containers or wrappers and drug apparatus, including pipes, rolling papers, small medicine bottles, eye drops, butane lighters or makeshift smoking devices, like bongs made out of toilet paper rolls and aluminum foil

• Hidden stashes of alcohol

Health Issues:

• Frequent nosebleeds• Runny nose, not caused by allergies

or a cold• Frequent sickness• Sores, spots around mouth• Queasy, nauseous• Seizures• Vomiting• Wetting lips or excessive thirst• Sudden or dramatic weight loss or

gain• Skin abrasions/bruises• Accidents or injuries• Depression• Headaches• Sweatiness• Sores or spots around the mouth

School or Work Issues:

• Truancy or loss of interest in schoolwork

• Drop in grades• Loss of interest in extracurricular

activities, hobbies or sports• Failure to fulfill responsibilities at

school or work• Complaints from teachers or co–

workers• Reports of intoxication at school or

work

Of course, anyone who has raised children to adulthood knows that many of these signs may be attributed to normal teen behavior. Mood swings, emotional eruptions, and general surliness are a part of transitioning from childhood to adulthood. However, if multiple signs exist, or if “normal” behavior seems exacerbated, you may want to look at drug or alcohol use as a possible culprit. You know your child better than anyone else does, so the key is to spot significant changes and act on them. I think it bears repeating that none of us can afford to think, “Not my child.” Remember, every young person who is partaking in drug or alcohol use is someone’s child. Every parent with a child who ended up with substance abuse issues probably was thinking it couldn’t happen to their child, either. Drug and alcohol use crosses every segment of society – gender, race, socio-economic, educational - and knows no boundaries. So be alert and aware, and have that conversation with your child – today!

I visited the following websites when putting together this article.

http://timetoact.drugfree.org/think-look-for-signs.html

National Institute on Drug Abuse, www.drugabuse.gov

Poison Control Center, http://www.poisoncentertampa.org

Thankfully, there are numerous other resources about substance abuse and teens; in Pinellas County, you can call 211 for information about local resources, or visit www.211tampabay.org.

Page 24: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

24 St. Petersburg Bar Association www.stpetebar.com

St. Petersburg Bar Foundation

The mission of the St. Petersburg Bar Foundation is to fund, develop and promote efforts which enhance the legal profession and encourage better public understanding and access to the judicial system.

By Erin K. Barnett, Foundation President

As the 2013-2014 fiscal year of the St. Petersburg Bar Founda-tion comes to an end, I am once

again reminded of what an amazing or-ganization we have and what an honor it has been to serve as the President. The Foundation rounded off the year by awarding several end of year grants and scholarships including grants to the Community Law Program and Lawyers for Literacy. This year we were fortu-nate enough to fulfill a grant request to the Suncoast Voices for Children, a de-serving organization created to help pre-vent children from entering foster care.

The Foundation and St. Pete Bar

Young Lawyer’s Section are proud to once again present “Holidays in July” on Saturday July 13, 2013 from 11:00 a.m. to 2:00 p.m. at Sunrise Lanes, 6393 – 9th street North in St. Petersburg. This event provides approximately 220 un-

derprivileged children between the ages of 2 to 17, many living in foster care, with the opportunity to enjoy a few hours of bowling and fun. The event in-cludes face painting by Merry Berry, an age appropriate toy or present for each child, and a visit from Santa Claus. The children that are invited to participate come from foster care, group homes and similar organizations like Safe Children, Operation PAR, Salvation Army (in-cluding Sallie House and Children’s Vil-lage), YMCA of Tampa Bay, and Help-A-Child. This worthwhile event still has sponsorship and volunteer opportunities available so come join us.

Page 25: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 25

Page 26: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

26 St. Petersburg Bar Association www.stpetebar.com

By Kimberly Rodgers

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

On behalf of CLP’s board of trustees and staff, I would like to congratulate our 2013 Lapel Pin Recipients:

David BlumW.G. Bostick, Jr.Linda Braithwaite

Martin ChampagneRussell Cheatham III

David DelrahimBruce Kirk EasonSepideh EskandariMichael J. Faehner

Kristina FeherElizabeth Greenberg

William GrignonJane GrossmanPatrick Halpin

John Hamilton IIILynn Hanshaw

Lauretta JohnstonJohn Karvonen

William Joseph Kopp, Jr.Belinda B. Lazzara

Silvia LeeperDonna LonsberryLawrence Markell

Matthew McCurdySteven Moore

Kathryn O’BrienWilliam Penrose

Peter RivelliniJames C. RunyonCharles Samaha

Andre Keith SandersWatson SindenWilliam SlickerRachael Stanger

Jeannine S. Williams

These individual attorneys are being recognized, because each of them donated at least 20 hours or more to the provision of free legal services to the poor as volunteers with CLP during the calendar year of 2012 based upon closed and reported matters. As a special note, we’d like to recognize and thank Lawrence (“Larry”) Markell, who donated the most time of them all during this past year. Larry began volunteering with CLP as soon as he moved to the area from Boston. In fact, he contacted us a few months before he arrived, and Liz reeled him in right away! Larry has practiced law for over 50 years and has extensive experience in family law, among other areas. Since May of 2012, Larry has participated in practically all of our family law walk-in clinics and our probate clinics. He has represented a number of very vulnerable clients in domestic violence injunction cases and in family law proceedings. Larry has truly been a Godsend to our organization.

Although nothing we could ever do would be adequate to express our sincere appreciation for the volunteer efforts of all of these truly magnificent attorneys, we have taken a few small measures to express our appreciation to them. On April 30, we organized a luncheon in their honor at our offices and presented them with a certificate of appreciation, a letter of commendation signed by Justice Ricky Polston, Chief Justice of the Florida Supreme Court, and a lapel pin. We are so thankful to Circuit Judge Patricia Muscarella, Chair of the Sixth Circuit Pro Bono Committee, and Circuit Judge Jack Helinger, who joined us for this event and helped thank our volunteers. Thanks to Elizabeth Porcelli, our pro bono coordinator, we had enough food donated from Carrabba’s, Habana Café, Tangier Deli, and Publix to feed an army! Second, thanks to the continued support of the St. Petersburg Bar Association under the present leadership of Timothy Miller, we were able to publicly thank these volunteers during last month’s Law Day Luncheon on May 3rd. Finally, our website is in the process of being redesigned. Once completed, our 2013 Lapel Pin Recipients will be listed on our website as well. Until then, thank you all for your tireless efforts on behalf of countless vulnerable residents in our community.

Page 27: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 27

Page 28: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

28 St. Petersburg Bar Association www.stpetebar.com

The St. Pete Bar Foundation’s good work continued this

past month with a grant of $1,000.00 to Suncoast Voices for Children, a 501(C)(3) organization focused on preventing children from entering foster care. Suncoast Voices for Children works with Child Protective Investigators of the Pinellas County Sheriff and the Guardian ad Litem to help stabilize at risk families. In many cases, the only deciding factor between a child staying with his or her biological family and having to be placed into foster care is the supplying of a bed for that child. To that end, Suncoast Voices for Children raises funds to purchase and provide beds for these children. Over the past 3 years, Suncoast Voices for Children has been able to prevent over 300 children from entering foster care.

Suncoast believes in the 3 P’s of

Prevention, Protection and Providing for abused, abandoned and neglected children of our community. The organization’s growth and focus on prevention has resulted in the recent development of a tutoring program designed to provide fifty third graders with 30 hours of tutoring by existing Pinellas County teachers.

You might be surprised to learn the following:

• There are over 3,000children in the child welfare system in Pinellas and Pasco Counties at any one time.

• Approximately 70children enter the system each month.

• Onceinthesystem,27%of these children never return home.

• Childreninfostercarearetwice as likely to be held back a grade in school.

• Less than 40% in fostercare will graduate from high school.

We hope you’re not too busy, and could join the Bar Foundation in their support of this organization. More information may be found at www.suncoastchildren.org or by calling 727-582-3609 or by e-mailing [email protected].

Suncoast Voices for Children Receives Grant from the St. Pete Bar Foundation

Rick Dalan: Mediation Services for: Experienced in:● Board Certified Civil Trial Lawyer ● Construction Litigation ● Construction Litigation● Florida State Certified Circuit Civil Mediator ● Sinkhole Claims ● Insurance Defense● Florida State Certified Appellate Mediator ● Professional Malpractice ● Plaintiff Personal Injury● Certified Federal Court Mediator , Mid. Dist. ● Wrongful Death and Injury Claims ● Premises Liability● Florida Qualified Court Appointed Arbitrator ● Products Liability ● Coverage Litigation● Thirty years trial experience and AV rated ● Commercial Litigation ● Products Liability● Twenty years as Circuit Civil Mediator ● Discrimination and Labor Claims ● UM Claims● Guardian Ad Litem Services ● First Party Insurance Claims ● Auto Negligence

MEDIATION & ARBITRATION

RICK DALANMediation Services in all Florida Circuits

Online Calendaring http://www.floridamediators.org/rick-dalan2633 McCormick Drive, Suite 101 Clearwater, Florida 33759

Phone: (727) 796-1000 or (800) 538-4173 Facsimile: (727) 797-2200

By Jason Moyer

Page 29: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 29

PFAWL Recap on FAWL’s Pathway to Leadership

PFAWL would like to congratulate member Kristina Feher on her acceptance to the Florida Bar’s

inaugural Leadership Academy class of 2013-2014, as well as on her recent position on the St. Petersburg Bar’s Executive Committee. Thank you for your commitment to our profession and your continued service to our community!

PFAWL was pleased to have so many of our members participate in FAWL’s first Pathway to Leadership: Creating a Road MORE Traveled. The seminar took place on Friday, April 26th at Stetson University College of Law’s Tampa Campus. Participants were able to attend multiple panel discussions throughout the afternoon, which included Women in Political Leadership, Women in Government, Non-Profit & Business Leadership, Women in Law Firm Leadership, Women in the Florida Judiciary and Women in Bar Leadership. These panels included women from diverse practice areas and backgrounds who came together to share their experiences and successes with attendees and helped to inspire our next generation of leaders. Our distinguished panelists included Florida Bar President Gwynne Young, County Commissioner Sandy Murman, the Honorable Virginia Hernandez Covington, Hillsborough County Public Defender Julianne Holt, Councilwoman Lisa Montelione, Jessica Ehrlich, Margaret

Mathews, Marsha Rydberg, Kathleen Mullin, Patricia Huie, Jennie Granahan Tarr, Joan Cain Boles, Mary Ellen Hogan, Paige Greenlee and Leslie Reicin Stein. For our Judicial panel, participants included Judge Claudia Rickert Isom, Judge Emily A. Peacock, Judge Frances Maria Perrone, Judge Caroline Tesche, and Judge Samantha L. Ward. If anyone was unable to attend or is interested in hearing the program again, the video will be available for members on FAWL’s website, www.FAWL.org.

PFAWL would like to thank the Honorable Patrice Moore for participating in our quarterly Judicial Round. Members met with Judge Moore on May 29, 2013, at Bascom’s Chop House in Clearwater, and enjoyed hearing about her perspective from

the bench.

On behalf of all our members, PFAWL would like to thank our 2012-2013 Board of Directors for helping make this a fantastic year for our organization. We look forward to welcoming the new Board for 2013-2014!

Please be advised that our July membership will be held on July 9, 2013 at 6:00PM, rather than on the first Tuesday of the month in July to accommodate those vacationing for the July 4th Holiday. We will be installing our new Board of Director’s at this meeting, and hope you will all join us in welcoming our new slate of officers! Please watch our email blasts for the location of this event. This meeting is open to attorneys and law students only, no RSVP necessary.

PFAWL is one of 30 chapters of FAWL, which is a voluntary bar association that provides a statewide voice for Florida’s women lawyers. PFAWL’s mission is to provide a networking opportunity to and support group for women lawyers as well as promote friendship among its members.

Membership in our organization is open to every attorney that supports the organization’s mission, and we encourage both men and women to participate in and attend our socials and events. For membership inquiries, contact Joann Grages at [email protected].

Classifieds

PINELLAS PARK – 5223 Park Blvd. Two renovated second floor offices with connecting door totaling 800 sq. ft., Includes shared: signage, parking lot, lobby, kitchen, restrooms, conference room and server/phone room, $695

plus shared electric. Call John Della Costa 727-631-5900.

ST. PETERSBURG – DOWNTOWN: “The Paramount” 721 First Avenue North. One Block from courthouse/county building. Virtual offices from

$250/month. “NEW” Art Deco construction. Receptionist in stunning atrium waiting area. Beautifully appointed conference rooms. Fax/copiers, state of the art telephone system, gorgeous kitchen/lounge, much more! Ali Curtis 727-898-7210.

Office Space:

Honorable Claudia Rickert Isom, Honorable Emily A. Peacock, Caroline Johnson Levine (panel moderator), Honorable Frances

Maria Perrone, Honorable Caroline Tesche, and Honorable Samantha L. Ward.

Page 30: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

30 St. Petersburg Bar Association www.stpetebar.com

What’s Up and Who’s New June 2013

Fisher & Sauls, P.A. is pleased to announce that Terry L. Hirsch, Florida Supreme Court Certified Circuit Civil Mediator, has joined the firm. Mr. Hirsch will be specializing in the areas of Non-Competition and Non-Solicitation Disputes, Business Litigation, Contract Disputes and Alternative Dispute Resolution.

Adams and Reese LLP announces expansion to South Carolina - Recognizing the opportunity to expand to one of the fastest growing metro areas in the Southeast – Columbia, South Carolina, the law firm of Adams and Reese LLP has announced a merger with Ellis Lawhorne, effective June 1, 2013. With the addition of 23 attorneys in Columbia, Adams and Reese will have over 340 attorneys and advisors resident in 16 offices in seven states throughout the Southern United States and Washington, D.C.

NEW & REINSTATED MEMBERS

CHALFANT, MARJORIE3637 4th St. N., STE 270St. Petersburg, FL 33704Phone: 727-822-8020; Fax: 727-434-2855E-mail: [email protected]. from the University of Central Florida, J.D. from Seattle University School of Law. Admitted to The Florida Bar in 2004. Ms. Chalfant is a sole practitioner.

DRAKE, JONATHAN2214 Caesar Way S.St. Petersburg, FL 33712Phone: 813-463-6834E-mail: [email protected]

B.A. from Transylvania University, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2013. Mr. Drake is a teacher with the Hillsborough County Public Schools.

HUNT, JUDY4905 34th St. S., #142St. Petersburg, FL 33711Phone: 727-422-4572; Fax: 727-864-2229E-mail: [email protected] degree from the University of Kentucky, J.D. from Ohio State University. Admitted to The Florida Bar in 1980. Ms. Hunt is a sole practitioner.

MAMONE, ANITA5715 Calais Ln.St. Petersburg, FL 33714Phone: 561-762-8321E-mail:[email protected]. from Florida State University, J.D. from Barry University School of Law. Admitted to The Florida Bar in 2009. Ms. Mamone is a sole practitioner.

ROACH, MEGAN L.2511 70th Ave. S.St. Petersburg, FL 33712Phone: 727-871-0290B.A. from the University of Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2013. Ms. Roach is a sole practitioner.

SACKS, JOHN PATRICK954 1st Ave. N. St Petersburg. FL 33705Phone: 727-894-2929; Fax: 727-822-1499E-mail: [email protected]

B.A. from the University of Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2013. Mr. Sacks is an associate with the Jeeves Law Group, P.A.

STUDENT MEMBERS

HURCHALLA, MEGANPhone: 727-743-0322 E-mail: [email protected]. from McDaniel College. Currently attending Stetson University College of Law.

KENNEDY, PATRICK D.Phone: 813-838-5588E-mail: [email protected]. from Rollins College. Currently attending Stetson University College of Law.

SHIELDS, JENNIFER L.Phone: 727-744-6419E-mail: [email protected] on undergraduate degree from Eckerd College.

SOLE, KATHRYN JOYCEPhone: 727-757-0054E-mail: [email protected]. from Flagler College. Currently attending Stetson University College of Law.

AFFILIATE MEMBERS

BERRY, THOMAS R.4010 W Boy Scout Blvd., STE 800Tampa, FL 33607Phone: 727-902-1174E-mail: [email protected]. from Indiana University. Mr. Berry is the Sales Manager with Sagicor Life.

September 2013 Issue...............Copy must be receieved by noon, June 15th, 2013

October 2013 Issue...........Copy must be receieved by noon, July 15th, 2013

November 2013 Issue...........Copy must be receieved by noon, September 15th, 2013

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

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

Page 31: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

www.stpetebar.com Paraclete – April 2013 31

Page 32: St. Petersburg June 2013 BAR ......Jowita is an attorney at PERENICH The Law Firm in St. Petersburg and Clearwater, where she concentrates primarily on injury, trial, and bankruptcy

SWEARING IN CEREMONY & RECEPTION

APRIL 26, 2013PINELLAS COUNTY

CRIMINAL JUSTICE CENTER

COORDINATED BYTHE CLEARWATER BAR ASSOCIATION

YOUNG LAWYERS DIVISIONAND

THE ST. PETERSBURG BAR ASSOCIATION

YOUNG LAWYERS SECTION

Thank you to our Sponsors

FLORIDA FORENSIC ENGINEERING, INC.

STETSON UNIVERSITY COLLEGE OF LAW