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2 Fla. B. News 1 (1975)

handle is hein.barjournals/flabn0002 and id is 1 raw text is: January 1975 VoL 2, No.1 Bar Petitions To Permit Use Of Credit Cards The Florida Bar will present its petition to amend the Integration Rule and Code of Professional Re- sponsibility to permitthe us.. ofcred- it cards for payment of legal fees in a hearing before the Supreme Court of Florida on January 15. Official notice of the hearing, set to begin at 9:30 a.m., was published in the November 19T4 issue of The Florida Bar Journal. Doris Dudney, Tampa, will speak in behalfof the proposal for the Bar. Set out below are the proposed changes and additions in the Integ- ration Rule and Code: The following changes are re- commended for approval by this court pursuant to resolutions of the Board of Governors of The Florida Bar, at regular meetings held o nJuly 4,5 and6 and September26, 2T and 28 of 1974: 1 In order to permit members of The Florida Bar to participate in ap- proved credit plans for financing legal feescosts andexpenses, while retaining ethical safeguards and practical flexibility, the following amendments to the Code of Profes- sional Responsibility are proposed (language to be added is italicized and only the relevant portions of the Code are reproduced): a. Financial Ability to Employ Counsel: Generally EC 2-16-The legal profession cannotremain aviable force in filfil- ling its role in our society unless its members receive adequate com- pensation flservices rendered, anan reasonable fees should be charged inappropriate cases to clients able to pay them. Nevertheless, persons unable to pay all or a portion of a reasonable fee should be able to ob- tain necessary legal services, and lawyers should support and partici- pate in ethical activities designed to achieve that object. lawyers may, therefore, participate in approved credit plansforfinancinglegal costs and expenses and legal fees except contingent fees. b. DR 2-102 Professional Notices, Letterheads, Offices and Law Lists (G) Lawyers or law firns par- ticipating in approved credit plans may discreetly display in one loca- tion within theiroffices astatement in an approved format for designa- tion of the use of a credit plan. If the' practice of law is conducted from two or more distinctly separate ad- dresses, one such designation may be maintained within the offices at each address. No other advertis i-g or acknowledgment of credit plans by any lawyer or lac firm is permit- ted, except that specific inquiries from clients or prospective clients maybe appropriately answered by a lawyer or a law firm. Under no cir- cumstances shall one plan be rec- ommended in preference to another plar.. January 31 Deadline for U. S. Court Nominations An historic first meeting of the first Federal Judicial Nominating Commission in the nation occurred at The Florida Bar Center December 20. Front row from left are ChesterfieldSmithViceChairmanWilliam WhitakerCChairman Earl Hadlow, Secret- ary Aubrey Simms. Standing from left are John M. Farrell, George Morrow. Patrick Emmanuel, Charles Whitehead and Blair Zimmett c. DR 3-102 Dividing Legal Fees with a Nonlawyer (B)A lawyer or a law firm mnay pay the discount charge incident to the use of approved credit card plans for financing legal fees, costs and expenses. The fact that the client may br required to finance charges to the plan shall not consti- tute a violation of this rule. d. DR 5-103 AvoidingAcquisition of Interest in Litigation (A) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation he is conducting fora client, except that he may: (3) participate in approced credit plans for financing legal fees, costs and expenses. e. DR 5108 Approved Credit Plans (A) Alawyeror law firm may par- ticipate in credit plans forfinancing legal fees, costs and expenses, pro- vided that the plans are approved by the Board of Governors of The Florida Bar. (B) Lawyers may participate only in anproced credit plans and only pursuant to all other provisions of this Code aid such regulations as may be promulgated by the Board of Governors of The Florida Bar. (C) No credit plan shall be ap- proved unless it shall contain an ex- press prohibition against any ad- vertising or announcement in any form by the plan with respect to its approval by the Board of Governors of The Florida Baror thefact that it is used by lawyers in Florida, with the exception that the plan by coop- erate with The Florida Bar and -oin with The Florida Bar in the makng of public announcements, or the is- suing of news releases, informing the public of the plan or the fact that the plan has been approved by the Board of Governors of The Florida Bar and may be used by participat- ing lawyers in Florida. f. DR 9-102 Preserving Identity of Funds and Property of a Client (C) In the esmt that anyfunds are received by a lawyer, directly or in- directly, as a result of an approved credit plan, then the lawyer shall comply with all the aforementioned rules. Additionally, a lawyer may permit an approved credit plan, upon the plan's request, to examine and verify atany reasonable time all records of the lawyer pertainig to charges made pursuant to the credit plan except to the extent that any such records constitute privileged conmmnications orcannot ethically be revealed by the lawyer. Any lawyer using an approved credit plan must agree that any and all in- formation furnished to the plan by the lawyer shall be available upon request to the BoardofGovernors of The Florida Bar or its duly au- thorized representative. At the same hearing, the Bar is re- questing approval to amend the In- tegration Rule to permit use of The Florida Bar News as well as The Florida Bar Journal for publication of official notices to the membership of the Bar. Court Suspends Johnston Pensacolaattomey James A. John- ston has been suspended from the practice of law by the Florida Su- preme Court for a period of six months, with automatic reinstate- ment upon payment of all costs to The Florida Bar, following action brought by the Bar. Johnston has pled guilty on 12 counts, including attempting to ob- tain confidential communication of an opposing attorney; stealing or wrongfully appropriating a $100 portable bar from a Ramada Inn; falsely signing a client's name to documents, fraudulently notaring deeds and documents, and settling a client's claim for less than an ade- quate amount Also included in Johnston's mis- conduct charges are seven counts of employment solicitation. Included in the solicitation counts are charges that he encouraged two potential clients to recover damages for nonexistent injuries and improperly .advanced funds to two others. Lawyers andjudges wishingto rec- ommunend themselves or others for nomination to the vacancy on the bench of the United States District Court Northern District of Florida. have until January 31 to apply. A nine-member Federal Judicial Nominating Commission was estab- lished by U.S. Senators Lawton Chiles and Senator-elect Richard Stone in Washington, D.C. on De- cember 16. The first such federal commission in the nation had its or- gnizational meeting in Tallalmassee on Decembser 20, established its Pacesetter's Campaign Begins Bar Center Drive The Florida Bar's 25th year began with the kick-off of the Bar Center fund-raising pacesetters' campaign. The pacesetters are the 1,280 Bar msembers whose 1965 pledges helped finance the current Bar Center. In early January, each was mailed a find-raising booklet ex- plainingfuture Barexpansion needs, and a pledge card encouraging a $500 deductible contribution, to be paid yearly, quarterly or monthly over five years. Only 29 pledges from the 1965 fund-raising cam- paign remsain unpaid. A January 16 kick-off dinner and program at 7 p.m. at the Tallahassee Hilton, emceed by Bar Building Commission Chairman Edward At- kins, will initiate the general cam- paign to raise $1.5 million for a 23,000-square-foot addition to the Bar Center. Invited guests are Florida Supreme Courtjustices and wives, The Florida Bar Board of Governors and wives and the Bar BuildingCommission members and wives. Dinner speeches will he limited. Bar President James A. Urban will speak briefly and Bob Parks, fund- raising chairman, will explain fund- raising plans. A more detailed session to explain fund-raising procedures is scheduled for the morning of January [7. Two Tallahassee attorneys have been appointed to the Building and Architectural Committee, chaired by Douglass Shivers, Tallahassee. They are J. Robert McClure, Jr., and Edwin A. Green II. Legal Laugh LUne A judge who tel Is funny stories isa court jester. Adrian C. Allen procedures, elected officers and is- sueda call for prospective ininees to the position leftvacant by the res- ignation of Judge D.L. Middle- rooks. Earl B. Hadlow. Jacksonville, is chairman of the conmission. Wil- liam Whitaker.Orlando, was electeti vice-chairman and Mrs. Aubrey Simms, Miami, is secretary. Three commission members. one from each federal district in Florida, were appointed by Senator Chiles, three by Senator-elect Stone and three by the Board of Covernors of The Florida Bar. Senator Chiles appointed George Morn, Craceville Fimner, Ches- terfield H. Smith, Lakeland lawyer, and JM. Aubrey Simms. iami. as- sistant to the president of the Uni- versity of Niani, as his represent- tires on the commission. Senator-elect Stone named Charles Whitehead, Panama City businessman; Blair I. Zimmnett, Miami lawyer; and William Whitaker, Orlando lawyer. The Florida Bar also named three commissioners: Patrick C. Era- manuel, Pensacola; Earl B. Hadlow, Jacksonville; and John M. Farrell, Palm Beach. Accordingto Senator Chiles, who originally proposed the concept in march 1973, the commission will seek qualified applicants for each federal judge vacancy, carefully ex- amine each applicant and then sub- mit five names to Florida s senators who will recommend one of the five to the President for nomination. While we have had many out- standing judges under the political patronage-type system of the past, Senator Chiles said, this commis- sion gives us a better way-a way that not only will insure we have highly qualified, dedicated judges, but will also help build public con- fidence by removing the taint of poli~cs. Traditionally, a state's U.S. Senators have a free hand to choose and recommend to the White House candidates -or federal judgeships. The President usually follows these recommendations. Any attorney or judge interested in seeking appointment to the cur- rent judicial vacancy, and any indi- vidual who wants to recommend an attorney or judge for consideration, should promrptly communicate with Chairman Hadlow or with The Florida Bar, Tallahassee, Florida 32304, to receive an information statement and details of the commissions procedures. The commission is required to submit its nominees to the senators promptly, so completed information statements must he filed with Chairman Hadlow, P.O. Box 4099, 900 Barnett Bank Building, Jack- sonville, Florida32201,nolaterthan January 31; 1975 . .-.. ... VOL 2, No. 1 January 1975

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