volume 82 • february 2010...page 4 adverse witness, february 2010 mark your calendar event policy...

28
Volume 82 • February 2010

Upload: others

Post on 19-Jan-2021

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Volume 82 • February 2010

Page 2: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

3478

1113

President’s MessageGo outside and play!

CalendarMake note of meetings, CLE and court holidays

Community OutreachJuvenile Diabetes Foundation leads in research

Bulletin BoardClassified advertisements and announcements

Guest EditorialChanges to Law Regarding Construction Defects

Community Outreach Florida Bar Relief Efforts for Haiti

Adverse WitnessFebruary 2010

I S S U E H I G H L I G H T SJeanne Seewald, EditorPublication Deadline: 10th day of month preceding publication

OfficersPresidentPieter Van Dien

President ElectJon Scuderi

SecretaryJeanne Seewald

TreasurerMaggie McMorrow

Immediate Past PresidentThe Hon. Janeice Martin

DirectorsJohn T. CardilloTara Miller DaneSonia DiazSharon HanlonStarling HendriksMarc HulingTamara Nicola

Executive DirectorLisa A. Mead

Collier County Bar Association3301 East Tamiami Trail EBldg. L, Fifth FloorNaples, Florida 34112(239) 252-8711(239) 775-5858 [email protected]: 8:30- 4:00 p.m. M-F

Adverse WitnessEditorial Board

Page 2 Adverse Witness, February 2010

Page 3: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

With Florida’s unusually cold December and January behind us, I’m sure everyone is looking forward to our wonderful upcoming spring weather. When people from up north ask me how I like living in Southwest Florida, I can usually answer them with just two words, February and March. I feel our weather in those two months is the best in the country, perhaps anywhere in the world.

Whether you enjoy golf, fishing, gardening, tennis or just sitting on the beach, February and March are great months for it. The days are reasonably long, the air is crisp and dry, and the sky is about as blue as it can be, making for early spring fever here in Southwest Florida. Even the children seem willing to set aside their Wii controllers in favor of outdoor games without too much prodding from their parents to go play outside.

I try to do everything I can to be outside this time of year to enjoy our wonderful weather. I suspend my gym membership and switch to outdoor only activities. I try to spend some lunch hours in Cambier Park or strolling down 5th Avenue for a mid-day break. I also change the way I go about town, taking a bicycle over the car or scooter whenever possible. I have found commuting by bicycle to be a great way to enjoy a bit of the out-doors during the week, at times perhaps the only way given the busy work schedules that come with our spring season. Last year I rode a bicycle to work exclusively for the entire month of April and logged over 130 miles. Not only was this a significant gas and emissions savings, it also saved time. The days I put in long rides, I skipped my regular evening workouts.

I’ll be out and about on the bike again this spring, so you may see me riding to and from some of our bar events. No, thank-you, I don’t need a ride, and yes, I know biking in Naples is dangerous. Like choosing to get in a car, fly in an airplane, or walk around the block, I’ve decided to accept that risk.

With the completion of Mock Trial and our annual Foundation fundraiser last month, the Bar Association has a relatively light calendar for February, just the usual lunches and meetings. This should give everyone the opportunity to enjoy the outdoors. I want to thank everyone who came out to volunteer for Mock Trial and also those that supported our Foundation fundraiser. We all owe a big thank-you to Louise and Joe Stewart for once again hosting a wonderful evening for our Foundation.

I’m going to stop here and, unless you’re reading this by the pool or at the beach, sug-gest you put down your Adverse Witness for a bit and go play outside. Hey, when was the last time anyone told you to do that?

Adverse Witness, February 2010 Page 3

PREsiDEnt’s MEssAGE By Pieter Van Dien

Go play outside!

“The days are reasonably long,

the air is crisp and dry, and the

sky is about as blue as it can be, making for early

spring fever in southwest

Florida. ”

Page 4: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 4 Adverse Witness, February 2010

MARK YOUR CALEnDAR

Event PolicyIt is the policy of the Collier

County Bar Association to request that all reservations for our events are placed at

least two days prior to the event.

We are always willing to accommodate our members;

however, event sites must order food two days prior to

an event.

Also, it is the policy of the Collier County Bar

Association to issue refunds ONLY if a member cancels

a reservation two days prior to an event. If a member

cancels the day before, or the day of an event, a refund will not be issued.

We appreciate your consideration of this policy.

Register for any event with Kathy Williams

by calling 252-8138 via email at

[email protected] log into our website at

www.colliercountybar.org.

FEBRUARY

MARCH

4 Trusts & Estates Section Luncheon Northern Trust, 12:00 p.m. Free – bring your own lunch

9 Young Lawyers’ Board Meeting Aurelio’s, 12:00 p.m.

11 Real Estate Section Luncheon Carrabba’s, 12:00 p.m. Members: $20; Non-Members: $25

12 CCBA Membership Luncheon Carrabba’s, 12:00 p.m. Members: $20; Non-Members: $25

16 Inns of Court Collier Athletic Club, 6:00 p.m.

18 CCBA Board Meeting CCBA Offices, 7:30 a.m.

18 Trial Law Board Meeting St. George & the Dragon, 12:00 p.m.

24 CCB Foundation Board CCBA Offices, 7:45 a.m.

24 CCWBA Luncheon Northern Trust – Park Shore Office 12:00 p.m.

4 Trusts & Estates Section Luncheon Northern Trust, 12:00 p.m. Free – bring your own lunch

9 Young Lawyers’ Board Meeting Aurelio’s, 12:00 p.m.

11 Real Estate Section Luncheon Carrabba’s, 12:00 p.m. Members: $20; Non-Members: $25

12 CCBA Membership Luncheon Carrabba’s, 12:00 p.m. Members: $20; Non-Members: $25

16 Inns of Court Collier Athletic Club, 6:00 p.m.

18 CCBA Board Meeting CCBA Offices, 7:30 a.m.

18 Trial Law Board Meeting St. George & the Dragon 12:00 p.m.

20 Holidays in March Naples Zoo Details to follow

24 CCWBA Luncheon Northern Trust – Park Shore Office 12:00 p.m.

27 Dodgeball Tournament – Hosted by the Young Lawyers Fleishmann Park Details to follow

31 CCB Foundation Board CCBA Offices 7:45 a.m.

Page 5: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations
Page 6: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 6 Adverse Witness, February 2010

By The Hon. Cynthia Pivacek, Administrative judge

Greetings for the New Year. I hope everyone had a safe and happy holiday.

As we all know, it is customary for everyone to pick up the pace after the holidays so I am sure we will all be busy for the next several months with scheduling trials and hearings. As Admin-istrative Judge, I wanted to begin the new year by informing the members of the bar of some exciting changes that will be occurring in Collier County, predominately in the civil law area.

We have added a new attorney to our ranks, Mr. John Carter, case manager for circuit civil cases. Many of you know John from his days as an Assistant State Attorney and more recently as Counsel to the Clerk of Court ,where he worked for the past nine years.

John began working in November and has been reviewing and processing older civil cases. He has quantified what we all know: Judge Hayes and my docket each exceed over 6500 active cases. Additionally, Judge Hayes and I have two dockets set in February and March wherein over 1000 cases are set for Motions, Notices and Judgments of Dismissal.

Do not be surprised if you receive a Case Management Order for civil cases. Fortunately, we are not having to reinvent the wheel because we have had the assistance of Deborah Mravic, Program Coordinator for the Family Law Division, guiding us through this process. The estab-lishment of the case management system for civil cases will be similar to the process instituted in the family law division in 2001. So dust off those old cases, roll up those old sleeves and be prepared to work to resolve those law suits! Until completion of the renovations to the fifth and sixth floors of the Courthouse we will have to schedule case management hearings on Friday due to limited courtroom availability. At this time we are unable to secure sufficient courtroom space for regular case management hearings earlier in the week.

It is important to remember that case management hearing times will not be coordinated with your offices. I know you will work diligently to comply with the orders generated by the court to attend your conference as scheduled. If you have any procedural questions, you may call John Carter directly at 239-252-8078. Judge Hayes and I have established guidelines whereby counsel can avoid attendance at the scheduled case management conference if all parties comply with the requirements of the Case Management Order prior to the scheduled conference date, submit a proposed case management plan to the case manager three (3) days before the scheduled hearing date and have that plan approved by the presiding judge. Therefore, the deadline for submission of the agreed case management plan will be Tuesday at 5:00 p.m. immediately before the Friday hearing.

I would like to thank the following members of the Committee on Civil Case Management Reform. This committee was formed under the leadership of Eric Vasquez, as President of the Trial Section. The committee has been meeting weekly since November to develop a system to efficiently manage civil cases. The members are Andrew Solis, Andrew Reiss, Deborah Mravic, Jacqueline Hubbard, John Carter, Jill Lennon, John Thomas Cardillo, Kelley Price, Keith Wick-enden, Sharon Hanlon and Magistrate Jim McGarity. The committee made a presentation to the Trial Section in December which was very well received. Please feel free to contact any committee member with ideas or suggestions.

Members of the judiciary, court administration and Kelley Price participated in the Twentieth Judicial Circuit Civil Case Flow Management Seminar on Thursday January 14, 2010. I am happy to report that our ideas and forms were well received. The participants at the circuit wide meeting agreed, that to the extent possible, we would like to create a uniform system throughout the Circuit.

I look forward to working with all counsel and staff to effectively implement this Case Manage-ment Program in the Civil Division. I would encourage counsel to remain active and to help us build a system which will allow for the effective use of limited resources while providing adequate time and opportunity for case preparation and negotiations. In the end, I am confident that we will develop a system which results in the timely resolution of cases, the fair treatment of all litigants and ultimately increase the public confidence in the courts and the justice system.

Case management orders

Page 7: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 7

Foundation dedicated to finding a cureThe Juvenile Diabetes Research Foundation is the leader in set-ting the agenda for Type 1 diabetes research worldwide, and it’s the world’s largest charitable funder and advocate of type 1 diabetes research. The mission of JDRF is simple: to find a cure for diabetes and its complications through the support of research.

Type 1 diabetes is an autoimmune disease which strikes children and adults suddenly, but lasts a lifetime. It requires multiple injections of insulin daily or a continuous infusion of insulin through a pump. Insulin, however, is not a cure for diabetes, nor does it prevent its eventual and devastating complications which may include kidney failure, blindness, heart disease, stroke, amputation and pregnancy complications.

JDRF funding and leadership is associated with most major scien-tific breakthroughs. In fact, JDRF provided more than $156 million to diabetes research in FY 2008, and is responsible for more than $1.3 billion in direct funding since it was founded. JDRF is recognized as one of the most efficient non-profits regarding expenses and your dollars…85 percent of the money raised directly supports diabetes research and research-related education.

For the second consecutive year, Charity Navigator, the largest on-line watchdog of charities in the U.S, has given the Juvenile Diabetes Research Foundation its highest rating: 4 stars. In making the announcement, Charity Navigator noted that less than a third of the non-profit organizations it rates receives a 4-star rating for even one year, and that two consecutive years of 4-stars “sets the Juvenile Diabetes Research Foundation apart from its peers and demonstrates to the public it is worthy of their trust.”

JDRF was founded in 1970 by the parents of children of type 1 diabetes. As a result, JDRF volunteers have a personal connection to type 1 diabetes, which translates into an unrelent-ing commitment to finding a cure. These volunteers are the driving force behind more than 100 locations worldwide that raise money and advocate for government spending for type 1 diabetes research.

Locally, the JDRF Florida Suncoast Chapter hosts two major fundraising events each year in southwest Florida: the Hope Gala, held in Naples in February; and the Walk to Cure Diabe-tes, held in Ft. Myers in April.

The Inaugural Hope Gala event made its mark on the Naples community in 2007 raising an amazing $570,000 for diabetes research. Since then, the Hope Gala events have raised more than $2 Million toward the mission to find a cure.

How can you get involved?

Put on your dancing shoes and join us on February 13th at The Ritz-Carlton, Naples for the awe inspiring JDRF Hope Gala – Aqua Ball. Enjoy exciting Live and Silent Auctions while sipping the night’s signature cocktail the Aqua-tini. Be inspired by the JDRF Youth Ambas-sadors and enjoy excellent dining as only the The Ritz can deliver. Dance into to the evening with the sizzling sounds of The Sultan’s of Swing. Sponsorship opportunities or guaranteed guest tickets are still available.

Put on your walking shoes and join our community, family and corporate walk teams on April 17th for the annual Walk to Cure Diabetes this year at our new location, the Bell Tower Shops in Ft. Myers. Corporate sponsorships are still available. Walk teams are forming now. Sign up today to help us get one step closer to the cure.

For more information, please contact our local chapter headquarters at (239) 992-3840, Jeannie Kawcak, Executive Director, or visit the JDRF website at www.jdrf.org .

COMMUnitY OUtREACH

Page 8: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 8 Adverse Witness, February 2010

BULLEtin BOARD

Got news?Contact Lisa Mead by

calling 252-8711 or drop a line to

[email protected]

CLASSIFIEDPERSONAL PROPERTY APPRAISALS BY ELDRIDgE APPRAISALS INC. Da-vid C. Eldridge, senior member American Society of Appraisers, and Morgan W. El-dridge, member American Society of Ap-praisers, Automotive Specialties Group, have 39 years’ experience. USPAP ASA compliant, appraising fine and decora-tive arts, antiques, automobiles, residen-tial concents, commercial vehicles, office equipment and furniture. 800-940-1819.

MEDIATOR/ARBITRATOR, state and federal courts. Attorney Robert R. Hagaman, 239-860-4554. Mortgage fore-closures, personal injury, commercial cas-es, dissolution of marrage. Email: [email protected].

FOR RENT: Beautiful executive office offered near downtown. The space is already established and designed with a thriving law practice in mind. Secretarial area and utilities, as well as the use of common areas and conference rooms, is included in the rent. Attorneys share the expense of a common receptionist. Call 261-6909 for further information.

Competent, Professional Short Sales Listing Representation via Prudential Realtor for your Distressed Property Clients. Experienced Short Sales Bank Negotiation, organized, detail oriented (past legal/development assistant) work-ing with/for you listing and selling your client’s property professionally. NAR Certified Short Sales Foreclosure Re-course Florida Realtor. I Answer and Re-turn Calls 7 days per week, advertise 250 Websites via Prudential. Cathy Lee P.A. SFR, CAM; 239 405 2411, Prudential Flori-da Realty, 621 Fifth Avenue South, Naples, FL 34102.

LAW CLERK POSITION WANTED: En-ergetic hard-working third-year law stu-dent at Ave Maria School of Law looking for part-time law clerk/research position with long term potential. Interested in all areas of law with focus in estate planning. Available 20-25 hours/week. Negotiable compensation. Contact Joshua Deal at 405.250.0893 or [email protected].

ANNOUNCEMENTSJacqueline J. Buyze was honored with a Special Recognition Award presented by the Collier County Women’s Bar Asso-ciation in recognition and appreciation of the pro bono service Ms. Buyze provides as a working member of Collier County’s Foreclosure Task Force and Chair of its Mediation Committee. Ms Buyze pro-vides conflict resolution services through-out Florida

Thomas B. Garlick, Alan F. Hilfiker and Richard J. Swift, Jr. announce the forma-tion of garlick, Hilfiker & Swift, LLP. Jason Lowe, an experienced litigation attorney, joins them as an associate. The

law firm specializes in general, commer-cial and residential real estate; land de-velopment and condominium law; trusts and estates law; commercial banking law; corporate and business law; and com-mercial, business and probate litigation. Offices in the Galleria at Vanderbilt in North Naples.

Andrew J. Krause, of the Naples office of Hahn Loeser & Parks LLP, has been elect-ed to serve on the Board of Directors of Avow Hospice. Mr. Krause focuses his practice on family wealth transactions, in-cluding tax and estate planning and trust administration.

Page 9: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 9

At its December 11 meeting in Amelia Island , The Florida Bar Board of Governors: • Received a report from the Legal Needs of Children Committee, which included a recom-

mendation regarding proposed legislation. After debate, including a motion to exclude the specifics of the proposed legislation, the recommendation was adopted. The report states that children in the dependency system have a right to a paid or pro bono attorney and that certain “critical categories” of children in the state’s care should get publicly provided lawyers. The report also provides that the funding for those lawyers should not come at the expense of the court system or the state’s Guardian ad Litem Program.

• Heard a report that the Board Review Committee on Professional Ethics has voted to draft amendments to Florida Ethics Opinion 07-3, which addresses outsourcing. The amendments would require the informed consent of clients before outsourcing confidential information and amendments to the Rules Regulating The Florida Bar addressing either notice to third parties or redaction before outsourcing sensitive financial or medical information.

• The board voted to again table an appeal from a staff ethics opinion on medical lien negotia-tions. The staff opinion held it would likely result in an excessive fee if a lawyer working on a contingency fee hired another lawyer under a reverse contingency fee to handle medical lien negotiations. The board voted to refer it to the appropriate committee to consider an amendment to the Rules Regulating The Florida Bar addressing the subject.

• The board voted to place a six-month moratorium, beginning January 1, 2010, on the enforce-ment of the new Bar advertising rules affecting Web sites in order to give Bar members time to comply with the rules. The board also approved a policy on attempted voluntary filings of lawyer Web sites that Bar staff will not review the entire contents of a Web site even if a lawyer files that voluntarily, but will respond to specific questions involving a specific phrase or image to be included on a Web site.

• The board voted to approve the six goals set out by the Board Review Committee on Pro-fessional Ethics for lawyer advertising, which will assist in the ongoing review of advertising rules. Those goals function under the overall policy that the primary purpose of lawyer advertising is to benefit the public by providing information about the need for and avail-ability of legal services.

• Heard a report from board member Murray Silverstein on the ongoing efforts on e-filing for the state court system and the efforts to establish an Internet portal for electronic filing. He recognized the participation of board member Laird A. Lile in the initial e-filing workgroup. He said that clerks and the courts were trying to work out their differences over who would run the portal, and the Bar was working to help that along and push for a filing system that will be uniform statewide.

• Approved a recommendation from the Program Evaluation Committee to create the Special Committee to Study the Decline of Jury Trials, as requested by President-elect Mayanne Downs. The panel will study the decline of jury trials at both the state and federal level, and determine any impact on the justice system and whether any action is needed.

• Heard a report from board member Greg Coleman that the Clients’ Security Fund Review Committee II will be proposing several rule changes to the CSF rules and regulations and is looking at the issue of loss prevention.

• Approved, on the recommendation of President-elect Mayanne Downs, the Bar’s 2010-13 Strategic Plan. She said the four main goals remain the same from recent plans, but there are some revised ways of meeting those goals, including making better use of technology and reaching out to help lawyers entering the practice.

Respectfully submitted,Laird A. LileScott Wm. Weinstein20th Circuit BOG Representatives

Florida Bar Board of Governors report

By Laird A. Lile, Esq. and Scott Wm. Weinstein, Esq.Florida Bar Board of Governors, Twentieth Judicial CircuitBOARD OF GOVERnORs

Page 10: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 10 Adverse Witness, February 2010

Awards presented

WOMEn’s BAR AssOCiAtiOn

In 1995 the Collier County Women’s Bar Association began the tradition of honoring an outstanding woman lawyer in our community with the Woman Lawyer of the Year Award. As the CCWBA has grown and made its mark on our community this award has come to mean a great deal not only to those who receive it but to the members of the CCWBA and the legal community at large.

This year as the board considered nominees for the Woman Attor-ney of the Year Award we asked what each nominee had accom-plished in 2009 that differentiat-ed her from the other nominees. This question kept bringing us back to the amazing work of the women attorneys who founded the Collier County Foreclosure Task Force. These women, we all agreed, really stood out and made a significant difference in our community in 2009. The problem was that we could not pick just one of the women attorneys on the Task Force as they were a team. A “Women Lawyer of the Year” award might have worked if not for the fact that, al-though mostly made up of women, there were four equally dedicated male attorneys who were a part of the core Task Force working group.

In the end, we decided to step away from tradition of naming a woman attorney of the year and decided instead to give the founders and working group members a “special recognition award”. As lawyers, we have a special obligation to give back to the commu-nity. The 12 men and women who make up the “founders and the working group mem-bers” of the Task Force have worked tirelessly over the past two years to respond to the needs of those affected by the foreclosure crisis in our community. The Task Force meets at least once a week (more often twice a week) to plan educational events and brain storm on solutions. The result is that hundreds of individuals, families and busi-ness owners have received advice and assistance through Task Force programs and this number will reach into the thousands in no time. The initiative taken by these individuals combined with their dedication to the task is a true inspiration to the legal community.

The Special Recognition Award was awarded at the CCWBA annual Holiday Reception held on December 17, 2009. The honorees are: Jeffrey A. Ahren, Maureen P. Aughton, Jacqueline J. Buyze, Jane Yeager Cheffy, Timothy J. Cotter, Celia E. Deifik, Edward L. Larsen, Patrick H. Neale, Tara A. Mucha, Francesca Passeri, Kathleen C. Passidomo, Kel-ley Geraghty Price.

CCBA President Pieter Van Dien and Magistrate David Friedman joined in the festivities to honor the task force by giving the party attendees an overview of the task force and its accomplishments.

Kimberly Spiker, President of the CCWBA, presented the task force with a Special Rec-ognition Award plaque to be held at the Legal Aid Service of Collier County offices. In addition, Ms. Spiker and Starling Hendriks, Immediate Past President of the CCWBA, presented each honoree with a certificate of appreciation.

Congratulations to the Collier County Foreclosure Task Force attorneys. We appreciate all you have done for our community.

Page 11: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations
Page 12: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 12 Adverse Witness, February 2010

Page 13: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 13

Florida Bar relief efforts for Haiti

COMMUnitY OUtREACH

The people of Haiti need our help. Last week’s earthquake killed an estimated 70,000 people and left the country’s infrastructure in ruins. Many survivors do not have access to food, water, medicine and the basic necessities that we often take for granted here.

As Florida’s legal com-munity, we have an opportunity to assist the people of Haiti in their recovery and re-building efforts. The American Red Cross has set up an account to receive donations from all members of The Florida Bar di-rected to relief and development efforts in Haiti. Assistance pro-vided by the American Red Cross may include sending relief supplies, mobilizing relief workers and providing financial resources.

The Florida Bar International Law Section is leading this effort and is seeking the help and support of every Florida Bar member, section and voluntary bar association.

To donate, please visit: http://american.redcross.org/floridabar-emp

Any donation amount will help make a difference. The International Law Section is en-couraging its members to donate the equivalent of one billable hour. Given our num-bers, this effort by Florida’s legal profession can raise millions of dollars. Together, we have that power.

If you know of others who are willing to assist us, please forward this email along. For more information about the Red Cross, please visit www.redcross.org. Thank you.

Jesse DinerPresident, The Florida Bar

Francisco A. CorralesChair, The Florida Bar International Law Section

Page 14: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 14 Adverse Witness, February 2010

MeMber benefitsThe Florida Bar • 651 East Jefferson Street • Tallahassee, Florida 32399-2300

www.floridabar.org/memberbenefits • 850/561-5600 • 800/342-8060

For information on ALL Bar Membership Services, visit www.floridabar.org/memberbenefitsREV09.09

LEGAL RESEARCH

ABA PuBLiCATionS www.ababooks.org100’s of books in a variety of formats. Rigorously reviewed to offer highest quality information & presentation. ref. #PAB6EFLB for 15% discount

CCH ASSoCiATion http://tax.cchgroup.com/members/tfbSavings up to 30% off industry-leading tax and accounting books. Use ref. #Y5604 at check out.

FASTCASE nATionAL LAW LiBRARY • 866-77-FASTCASEComprehensive 50 state and federal case law databases. Unlimited dual column printing.

FRee FloRida CaSe law at www.floridabar.org.

LExiSnExiS 866-836-8116 • www.lexis.com/flabarFlexible research and big savings. Shepard’s® and exclusive content make research easier. Unique offerings,affordably priced and easy to customize.

BAnk PRoGRAmS

AFFiniSCAPE 866-376-0950 • www.affiniscape.com/floridabar

law Firm Merchant account. Members can save up to 25% off credit card processing fees.

BAnk oF AmERiCA 800-932-2775 • www.bankofamerica.com/floridabarapply online or toll-free! affinity credit card. Cd’s, Money Market, free checking: (Code: laaZZ).

inSuRAnCE

BuSinESS PLAnninG ConCEPTS, inC.800-282-8626 • www.memberbenefits.com

Medical, disability, life, hospital, ad&d, long term care, retirement programs, workers’ comp, pet insurance & more.

CELEDinAS inSuRAnCE GRouPwww.celedinas.com/florida-bar

offers excess personal liability coverage, up to 60% discount.

FLoRiDA LAWYERS muTuAL (FLmiC)800-633-6458 • www.flmic.com

lawyer-created liability carrier.

GEiCo 800-368-2734 • www.geico.comThe GeiCo auto insurance Program offers car insurance with 24-hour service. Bar members may qualify for additional discounts.

JuRiSCo 800-274-2663 • www.jurisco.comCivil court bonds by phone in 24 hrs.

BuSinESS / ComPuTERS / SuPPLiES

PRoDoC 800-759-5418 • www.prodoc.comProdoc” legal forms software. Family, eP/Probate & more.

STAPLES 800-3STAPLE • www.staples.comoffice supplies, furniture and technology.

SuBSCRiPTion SERviCES, inC.800-289-6247 • www.buymags.com

GiFTS & APPARELTHE BiLLABLE HouR ComPAnY www.thebillablehour.com/flabar.phpwide selection of gifts for lawyers and legal professionals. Save 10% with code: FlaBaR.

BRookS BRoTHERS866-515-4747 • membership.brooksbrothers.com

enroll for your Corporate membership Card and Save 15% on regular and everyday value priced merchandise. enter your organization id #10320 and your Pin Code #97352.

JoS. A. BAnk CLoTHiERS800-285-2265 • www.josbank.com • Code: 91861

Specializing in men’s clothing Save 20% with the JoS. a. Bank Corporate discount Card. (Sale items excluded). Call for FRee Corporate Card.

mAiLinG & DELivERiES

FEDEx 800-636-2377 • www.1800members.com/flbSave up to 26% on Fed ex shipping services.

uPS 800-325-7000 • www.savewithups.com/floridabardiscounts on services.

AuTomoBiLE REnTALS

ALAmo www.alamo.com • 800-354-2322

Year round discounts from alamo! ref. #93718

AviS www.avis.com • 800-331-1212

avis Preferred Renter fees waived. ref. #A421600

BuDGET www.budget.com • 800-527-0700

Year round discounts from Budget. ref. # Y067600

HERTZ www.hertz.com • 800-654-2200

Hertz #1 Club Gold fees waived. ref. #152030

nATionAL www.nationalcar.com • 800-227-7368National emerald Club fees waived. ref. #5650262

vACATionS / THEmE PARkSoRLAnDo vACATion DiSCounTS: from the Orlando Magical Getaway Travel Club. Florida Bar Members can easily join by going directly to www.orlandoinfo.com.

THEmE PARk CLuB mEmBERSHiPS:universal Studios Wet & Wild orlando

www.floridabar.org/memberbenefits

Page 15: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 15

Future Membersof the

Collier County Bar Association

We love to share! If you have added a new member to your family, please

send us a picture!

Brian and Erica Loeffler welcomed twin girls Charlotte Grace and Laura

Elizabeth into their family on December 3, 2009. They weighed

in at 5 lb. 9 oz. and 6 lb. 1 oz.

It’s a boy for Kelly and Aaron Davis! Ryan Wesley Davis arrived on

November 25, 2009 at 7 lb. 9 oz.

Page 16: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 16 Adverse Witness, February 2010

If you’re looking for new ways to find clients, look no further than the Lawyer Referral Service (LRS) of the Collier County Bar Association. The ser-vice fields an average of 60 calls per day, many of which result in consultations and the potential retention of our members.

The referral service is currently at the beginning of the renewal season. Membership require-ments of the LRS are simple. You must be a member in good standing of the Florida Bar and carry $100,000 in malpractice insurance. The an-nual fee for the service is a low $100 and affords you listings in as many practice areas as you wish. Clients referred through the service are given a half-hour consultation at the guaranteed rate of $50. This money is given to the LRS. Should you be retained, the LRS receives 10% of your fee.

We welcome and encourage attorneys in all prac-tice areas to join. Many of your colleagues have found it to be a beneficial part of their practice. We receive calls across the spectrum of the pan-el listings that we have available. Unfortunately, some of these panels currently have no or very few members listed. Joining these panels is an easy way to secure new clients. Below is the list-ing of these panel listings:

• Appeals• ADA• Art & Entertainment Law• Aviation• Auto Accident – Defendant• Banking Law• Civil Litigation• Consumer Affairs• Condo/Homeowners

Representing the Individual• Dental Malpractice• Elder Law• Federal Criminal• Federal Appeal• Federal Government Employee• Identity Theft• Juvenile• Mediation• Non-profit Business Law• School Law• Social Security Disability• Vaccine Litigation• Welfare Fraud• Wrongful Discharge• Zoning and Land Use

If you are interested in joining the Lawyer Referral Service, please contact Lisa Mead at 252-8711 or Kathy Williams at 252-8138. You can also join via our website at www.colliercountybar.org

Page 17: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations
Page 18: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 18 Adverse Witness, February 2010

Paralegal Services ..................................................................................Page 19Home Nursing Services .........................................................................Page 19Workers Compensation Law ...............................................................Page 19Estate Planning Malpractice ...............................................................Page 20Mortgage Audits ....................................................................................Page 20Long Term Care Insurance ...................................................................Page 21Forensic Psychology ............................................................................ Page 22Legal Research ....................................................................................... Page 22Education ................................................................................................. Page 22Patent & Trademark Law ..................................................................... Page 22Employment Law ................................................................................... Page 23Mediation/Arbitration ....................................................................Page 23, 26Wealth Management .............................................................................Page 24Office Space ........................................................................................... Page 25Computer Support ................................................................................Page 28

Please support our advertisers. they make your newsletter

possible!

Page 19: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 19

PARALEGALS:EARN CLE CREDITS!

The Gulf Coast Paralegal Associationholds regular meetings and mini-

seminars featuring interesting and relevant speakers. For information about

upcoming events, please visit our website: www.gcpa.info

...afraid to leave a loved-one alone?

Are there medical issues that needprofessional nursing care?

Does the fragile state of a love-one giveyou cause for concern?

Are you struggling with a loved-one’smemory or behavior problems?

Are your caregiver duties overwhelming?

We offer the highest quality home health andmedical services with an exceptional level ofcompassion and financial responsibility. With years of experience and UNS’s carefullyselected staff — we will customize our servicesto your love-one’s circumstances. Depend onUNS for personalized care, short or long termand guaranteed coverage. Call today!

A Leader in Professional Nursing Services Since 1986

PALM BEACHMedicare License#299991625

HHA License#299991744

NAPLESHHA License#299993413

Contact Your Local South Florida Office

800-596-6003www.UNS-1.com

At Home & In Facility� Home Health Aides� Hourly and Live-In Caregivers� Registered Nurses � Licensed Practical Nurses� Physical, Occupational and

Speech Therapists� Licensed Massage Therapists

On the third Thursday of each month, the Paralegal Asso-ciation of Florida, Inc. - Southwest Florida Chapter meets at 5:30 pm for social time/6:30 for CLE dinner meeting at Doubletree Guest Suites, 12200 Tamiami Trail North. Please contact Carolyn Pierce at [email protected], or call 239-404-1321.

WORKERS COMPENSATION LAW

GREGGORY P. TAUSSIG, ESQ.

Representing Injured Workersin Workers Compensation Cases

Practicing workers’ compensation since 1992

Se habla español

2670 Airport Rd SouthNaples, FL 34112(239) 793-8242

Fax (239) 775-8393

Page 20: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 20 Adverse Witness, February 2010

MORTGAGE AUDITS

ContactPat Baier, Director of Estate Planning239.261.0337, ext. [email protected]

Page 21: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 21

LONG-TERM CARE INSURANCE

Long Term Care Insurance • Disability Protection • Critical Illness CoverageLife Insurance with Premium Financing Options

We help your clients protect their retirement.(And the estate plan you designed for them.)

Mitchell Dannenberg, cltc(239) 461-5511

representing all major companieshttp://ltcimarketplace.com

“ I suggest to my client families that just as a good estate plan should be reviewed from time to time... insurance policies should be looked at too... As a single mom and business owner my financial security is very important... I asked Mitchell to review my coverage’s and he impressed me with his creative approach to protecting my current resources and future income earning ability... Working with LTCi Marketplace was easy and I replaced both my existing long term care and disability policies for others that offered better value and better protection and purchased new critical illness coverage...”

— Sheri Samotin President LifeBridge Solutions Naples

Page 22: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 22 Adverse Witness, February 2010

Forensic Psychological Services

Evaluations:

Competency

Criminal

Court Ordered

Immigration

Nilsa Rivera, Ph.D. Licensed Psychologist

692 Goodlette Rd Naples, FL 34102

239.434.2425 Trained Forensic Examiner * English-Spanish

THE LIVINGSTON FIRM

PATENT • TRADEMARK • COPYRIGHT FRANCHISE & RELATED BUSINESS LAW

AND LITIGATION

REGISTERED U.S. PATENT ATTORNEYS

(239) 262-8502

Office: 963 TRAIL TERRACE DRIVE NAPLES, FL. 34103

www.thelivingstonfirm.com

PATENT/TRADEMARK LAW

Page 23: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 23

This device measures blood

pressure. But it also says

something about your com-

mon sense. Because using

it for regular checkups

helps detect high blood

pressure before it’s too late,

which is definitely a smart

move. To learn more, visit

www.americanheart.org or

call 1-800-AHA-USA1.

This space provided as a public service. © 1998, American Heart Association

B (4.25´́ X 3.5´́ /85 line screen) NW99-4

Note: The halftones in these ad slicks are pre-screened. Please do not increase or decrease the size of the ads as they appear here.

It also measuresIt also measures

intelligence.intelligence.

EMPLOYMENT LAW

WELDON & ROTHMAN, PL is a Southwest Florida law firm that is dedicated to representing plaintiffs/employees in employment related disputes. Our attorneys stand ready to assist clients with both Florida and Federal employment law claims.

7935 Airport-Pulling Rd N, Suite 205 Naples, Florida 34109 (239) 262-2141_

E-mail: [email protected] www.WeldonRothman.com

Employment Law Claims Sexual Harassment

Fair Labor Standards Act (Overtime & Unpaid Wages)

Whistleblower Claims

Family Medical Leave Act

Wrongful Retaliation

Discrimination & EEOC

Unemployment Appeals

ERISA/Employee Benefit Claims

Employment Contracts

Non-Compete Agreements

Employment/Business Torts

Our Attorneys are available to represent employees through consultation and litigation.

- representing southwest florida -

MEDIATION & ARBITRATION

Page 24: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 24 Adverse Witness, February 2010

WEALTH MANAGEMENT

Gibraltar Private’s Law Firm Banking

Gibraltar Private Bank & Trust remains committed to supportingour friends in the legal community. We continue to be a safe, strong,well-capitalized organization with a team of dedicated professionalsexperienced with the needs of attorneys and law firms.

Gibraltar Private offers services that are custom-tailored to legal professionals, including:

• Full deposit & Treasury Management Services

• Lines of credit

• Term loans

• Letters of credit

• IOTA accounts

• Corporate Trustee

• Guardianship of property

• Investment Management Services

• Special Needs Trusts

• Court restricted and unrestricted accounts

• Mortgage Lending

• Safe Deposit Boxes

Christi Lunsford, Client [email protected]

Ginny Yoder, Client [email protected]

5551 Ridgewood Drive, Suite 100, Naples, FL 34108-2753 www.gibraltarprivate.com

Coral Gables • Miami (Downtown) • Fort Lauderdale • Naples • New York • Ocean Reef • South Miami

Naples_8.5x11g:Charity ad 10/20/09 9:19 AM Page 1

Page 25: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 25

Want to advertise?We want advertisers!

If you are interested in advertising in The Adverse Witness, please contact the Collier County Bar Association office at 239-252-8711

or email [email protected].

Prices start at just $25 and discounts are available for multiple months.

Attorneys (3) And other profes-sionAls (2) with two executive offices to rent. Attractive offices in great location at pine ridge & Airport rd., naples, fl. space for an assistant, shared conference room with a law library and shared kitchen is included in rent of $700 per executive office. option to share the recep-tionist. call rob or Kathy at 239-593-1444.

Downsizing? Rent space in Beautiful Legal Office! Two large, windowed offices available, one with long lake view! 10’ ceilings & 8’ doors with gorgeous molding and parabolic lighting. Furnished or Unfurnished / Office Equipment sharing possible. Conference room; secretarial work space and kitchen area - all BEAUTIFUL!!! Centrally located on Naples Blvd. by COSTO & Movie Theater. Please call Paul @ (239) 596-7600.

To learn more about Quarles & Brady and the services we provide,

please visit www.quarles.com

Common Ground. Uncommon Vision.www.quarles.com

For more information, please contact a

Quarles & Brady attorney at 239-263-5959

or visit us at 1395 Panther Lane, Naples, FL 34109

We are proudto serve our community.

The hiring of a lawyer is an important decision that should not be based solely on advertising. Before you decide, ask us to send you free written information about our qualifications and experience.

Legal Aid Service of Collier County has named

Quarles & Brady LLP“Law Firm of the Year” for 2009

in recognition of the firm’s many contributions

to the program, and unique dedication

to pro bono service to the community

Page 26: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Page 26 Adverse Witness, February 2010

KEMPTON P. LOGAN, ESQ.Certified Mediator/Arbitrator

• Certified Circuit-Civil /

Federal Mediator since 1991

• Panel Arbitrator, American

Arbitration Association and

20 Judicial Circuitth

• Over 30 years civil litigation

experience in Southwest Florida, including

Personal Injury , Contract, Partnership, Real

Estate, Insurance, and Probate.

• Martindale-Hubbel AV rating. Florida Bar

Board Certified in Business Litigation

• Also available for litigation consult, second

opinions and Special Master assistance.

For Scheduling - Please call (239) 470-7190

or email: [email protected]

Page 27: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations

Adverse Witness, February 2010 Page 27

The Print Shop has been printing the Adverse Witness for the Collier County Bar Association for over a decade, but we haven’t added you to our list of happy customers.

Our customers get their envelopes, forms, business cards, copies, graphic design work, invitations, even ink and toner cartridges here!

Even better – all Collier County Bar Association members receive 15% off their first order.

Ave Maria 692-9875Marco Island 394-0304

Naples 775-3553No. Naples 566-2606

Your Graphic Media

Page 28: Volume 82 • February 2010...Page 4 Adverse Witness, February 2010 MARK YOUR CALEnDAR Event Policy It is the policy of the Collier County Bar Association to request that all reservations