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The Florida Bar Journal 2008-01: Vol 82 Iss 1 PDF

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THE FLORIDA VOLUME 82, NO. 1, JANUARY 2008 EytJOLRNAL ADVANCING THE COMPETENCE AND PUBLIC RESPONSIBILITY OF LAWYERS A . ^ n §^\ Parallel Proceedings in Florida’s ' Jp I State and Federal Courts — J Fifth Amendment Considerations II J. When it comes to nursing home cases, your choice is ciear. With more than 20 years of experience, our firm is the one to caii LY'IAL,REITER,CLARK FOUNTAIN WILLIAMS TRIAL ATTORNEYS A Jfistory qf!HeCping tfie InjurecCancf the Community (800) 654-2024 • www.lytalreiter.cbm Main Office: West Palm Beach, FL Experience - Resources - History be making your child’s I edical decisions? ^ “Join with us in the pursuit of justice." HICCI-LEOPOLD. CONSUMER JUSTICE ATTORNEYS We co-counsel cases throughout Florida. Palm Beach Gardens, FL ■ 1.800.699.1914 riccilaw.com CRASHWORTHINESS | INSURANCE BAD FAITH | MANAGED CARE ABUSE | PERSONAL INJURY | WRONGFUL DEATH 2 THE FLORIDA BAR JOURNAL/JANUARY 2008 iiiusSa' KgU^ „„ Of CUEHT «•>"«’*“ director Ochoa .justiceforaW.com c ,t\N VCeHey Vy/WN/^ MoP-a* Tod pavsner Jonathan M.e OavidS.farber V'/attet Norton ^ FeUow Lawyers. the members one Vives. an who has _ \ tnaoe a ‘ hatbeggMetdh*eqdu‘'e"s“u®on'':' H“a . _,ra„at„o t.or «mkakeei hthaait ;;.,„„ddo offc coouurrssee tthhaa.th feeegsg* , ,,.e, turlieedd.. 1I <doi° ‘“ow *>“^ ^.^ers and .u„ know. Bu> ' the right people every raemhc- take a «a fo, etitru Bob KeUey 954522-6601 . f\or\cia tORNEV 1 6 Fraud ddd«s F.„duc«^^ed,ca.^Aa>p.acdce^C°^ Defective |y •Change/Reauest a Password •Update Your Address ‘Free Legal Research • I nventoiy Attorney Form ; ‘Post Your CLE Hours i •Register for CLE Courses * •Add Practice Information Visit www.fioridabar.org to login or obtain a password Oath of Admission to The Florida Bar The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful violation to which disbarment may be had. “I do solemnly swear: “I will support the Constitution of the United States and the Constitution of the State of Florida; “I will maintain the respect due to courts of justice and judicial officers; “I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; “I will employ for the purpose of maintaining the causes confided to me such means only as are consistent w'th truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of tact or low; "I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; “I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God.” 4 THE FLORIDA BAR JOURNAL/JANUARY 2008 IT’S SIMPLE: Let Empire Be Your Source For Corporate Kits One call puts the most complete corporate kit on your desk the next day. It’s that simple! Your client will be impressed and you save money with our professionally designed, logically assembled, incredibly easy to use... .“corporate kit”. We have separate Florida kit editions for: • Profit $58.00 • Non-Profit with/without Membership Certificates $58.00 • Professional Association $58.00 • Limited Liability Company $58.00 • Professional Limited Liability Company' $58.00 and separate kit editions for state of: CT, DC, GA, NJ, NY, & TX ELECTRONIC FILE Absolutely the fastest. We file your articles electronically with the Secretary of State. Your $20.00 + Fees + Kit original documents never leave your office. (FILED WITHIN 2-4 HOURS. KIT & DOCU¬ MENTS IN YOUR OFFICE WITHIN 1 WORK DAY). QUICK FILE We pick-up and hand file your articles with the Secretary of State. 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Each Corporate Kit features: • Checklist • Instructions • Work Sheets • 8 Tab Dividers • 21 Certificates • Stock Transfer Ledger • Corporate Seal with Pouch • Padded Binder • Slip Box • Waiver of Notice and Minutes of Annual Meeting of Shareholders • Waiver of Notice and Minutes of Annual Meeting of Directors • Minutes of Special Shareholders' Meeting • Notice of Annual Meeting of Shareholders • Notice of Organizational Meeting of Incorporators and Directors • Waiver of Notice of Organizational Meeting of Directors • Waiver of Notice of Organizational Meeting of Incorporators • Directors(s) Resignation • Notice of Special Meeting of Shareholders • Notice of Special Meeting of Directors • Resolution Granting Power of Attorney • Special Power of Attorney • Proxy • Independent Contractor Agreement • Buy-Sell Agreement • Employment Agreement • Banking Resolution • Cafeteria Plan • Cafeteria Plan Employee Benefit Election • Medical Expense Plan • Death Benefit Plan • Voting Trust • Stock Subscription • Executed Stock Subscription • Stock Purchases • Written Statement Organizing Corporation • S Corporation, formerly Subchapter S • Section 248 Election • Consent of Incorporators to Election of Initial Directors ’Election of Directors • Election of Officers • Waiver of Shareholders Financial Reporting • Corporate Indemnification Plan • Application for Sales and Use Tax • Application for Employer ID Number • Pre-Printed Envelopes for Both Applications • Election by Small Business Corporation’(form 2553) • State Unemployment Status Report. ^ mpire 1 800 432-3028 - - President's Page by Francisco R. Angones The Bar’s Dedicated Servants I n the October issue of The Flor¬ membership of non-Florida lawyers. And ida Bar Journal, I described the the Young Lawyers Division — the only makeup, background, and obliga¬ section or division without membership tions of the Board of Governors, fees — has automatic membership for but the work of The Florida Bar does all Bar members aged 36 and under or not stop with the board, although it who are in their first five years of Bar might be the most visible group. Much membership. Currently, there are 22,246 of the Bar’s work is carried out through YLD members. sections and committees. There are 20 Bar service commit¬ Sections provide a forum for members tees ranging from professional ethics to to focus their involvement on an area continuing leged education to member of the law in which they are interested. services. Another 21 committees draw up There is no limit to the niunber of mem¬ tests for and oversee the Bar’s certification bers that a section can have. The Bar’s programs. There are 11 procedural rules 20 sections cover virtually any practice: committees: appellate, civil procedure, administrative law; appellate practice; evidence, criminal, family, probate, juve¬ business law; criminal law; elder law; nile, judicial administration, small claims, environment and land use; equal oppor¬ traffic, and workers’ compensation. tunities; entertainment, arts, and sports; The Bar has eight public service com¬ family law; governmental lawyers; practice areas, racial, ethnic, and gender mittees (such as pro bono legal services general practice; health; international diversity, and foremost experience and and consumer protection law) and six law; labor and employment; local gov¬ demonstrated interest. substantive law committees that cover ernment; pubhc interest; real property, Thousands of volunteer hours are subjects from admiralty to education to probate and trust law; trial lawyers; tax; contributed annually by the Bar’s 20 animal rights. and workers’ compensation. sections, two divisions, and 66 standing If membership on a Bar committee is If you have an interest in real property committees. It is often repeated that imavailable, there is a good chance that and/or probate law, you should join the these groups are the backbone of the Bar a section has a similar committee with Real Property, Probate and Trust Law and their time devoted to service benefits which you can become involved. Section. If you have an interest in civil not only the legal profession but also oiu- Committees welcome nonmembers to trial work, then you should join the Trial clients and the state of Florida. their meetings. For example, recently a Lawyers Section. More than 30,000 ofThe Florida Bar’s subcommittee of the Rules of Judicial Committee membership, on the other 82,000 members belong to one or more Administration Committee discussed hand, is limited in number, and members of the Bar’s sections and Out of State a proposed rule amendment address¬ are appointed to staggered terms by the Division, while more than 2,100 serve ing accommodations for lawyers with president-elect of The Florida Bar. Our on standing committees. disabilities. Several noncommittee president-elect is Jay White, who cur¬ Section membership is voluntary members presented testimony and par¬ rently is asking Bar members to apply and membership fees are modest. All ticipated in discussion. for membership on the committee(s) on sections are involved in the production Many varied opportimities for service which they may want to serve. This has of continuing legal education seminars and professional growth are offered by been advertised in The Florida Bar News or publications in cooperation with involvement with a section or committee. and on the Web site. the Bar’s CLE Committee. Without 1 invite you to visit the Bar’s Web page The time to apply for committees is now. a doubt, these educational endeavors for more information by clicking Inside The deadline for applications is January are essential to the advancement of the Bar on the left hand menu. 15, and the preference form can be found professional growth for all of us. I personally thank the many vol¬ on the BaFs Web site, www.floridabar.org. Many sections have an active legisla¬ unteers who each year quietly carry By .^ril 2008, Jay will have made all ap¬ tive program for those interested in that forward the work ofThe Florida Bar. □ pointments for the 2008-09 Bar year. tjqje of policy work. Many factors go into the appointment Of special note are the two divisions. of committee members. Among them The Out of State Practitioners Division are geographic diversity, diversity in represents the interests of the Bar’s vast 6 THE FLORIDA BAR JOURNADJANUARY 2008 THESE LEGAL PROFESSIONALS RELY ON US Do You ? Michelle M. Blum, Esq. Stephen K. Roddenberry, Esq. JONES DAY AKERMAN SENTERFIH David E. Wells, Esq. Douglas Ulene, Esq. HUNT0N& WILLIAMS WILLKIE FARR & GALUGHER Enrique J. Martin, Esq. Brian H. Nelson, Esq. GREENBERG TRAURIG EDWARDS ANGELL PALMER & DODGE Patricia Lebow, Esq. Carlos J. Deupi, Esq. BROAD AND CASSEL HOGAN & HARTSON Robert N. Gilbert, Esq. J.B. Murray, Esq. CARLTON FIELDS SQUIRE SANDERS Jeffrey Decker, Esq. k Lisa M. LaFourcade, Esq. BAKER & HOSTETLER ^ William Berger, Esq. Ip £- Scott J. Jordan, Esq. GREENSPOON MARDER TRIPP scon Kim A. Hines, Esq. Manuel A. Garcia-Linares, Esq. AKERMAN SENTERFIH RICHMAN GREER Michael D. Simon, Esq. Roberto R. Pupo, Esq. GUNSTER YOAKLEY & STEWART HOLUND & KNIGHT Bill Townsend, Esq. Stuart Kapp, Esq. FOWLER WHITE BOGGS BANKER PROSKAUER ROSE Dario A. Perez, Esq. Chanley T. Howell, Esq. SHUnS & BOWEN FOLEY &URDNER Clayton E. Parker, Esq. Jimmy Morales, Esq. KIRKPATRICK & LOCKHART STEARNS WEAVER MILLER NICHOLSON GRAHAM WEISSLER ALHADEFF & SIHERSON STATUTORY REGISTERED OFFICES NATIONWIDE & OFFSHORE MIAMI CHICAGO AUSTIN DELAWARE (305) 672-0686 (773) 935-3920 (512) 506-8500 (302) 424-4866 PALM BEACH ATLANTA NATIONWIDE (561) 694-8107 (404) 995-0540 (800) 672-9110 010 Corporate Creations* Registered Agent • Director • Incorporation Services • Incorporation • Amendments and Mergers • Qualification • Document Retrievai • UCC Services • Independent Director Services • Corporate Kits • Registered Agent Services Order by Phone or Online at www.CorporateCreations.com Copyright'© 1993-2007 CORPORATE CREATIONS. WE WILLINGLY DESCEND INTO THE NINE CIRCLES OF HELL FOR OUR ATTORNEYS. Incidentally, Washington DC is the eighth.

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