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14 Fla. B. News 1 (1987)

handle is hein.barjournals/flabn0014 and id is 1 raw text is: The Florida r January 1, 1987 Vol- 14, No. 1 'Cats' sold out Record attendance projected for Midyear in Miami If tradition holds, it will be back to class for about 800 Bar members at the January 21-24 Midyear Meeting at the Omni International Hotel in Miami. The four-day session will feature 17 seminars, a host of receptions, committee meetings, luncheons and other functions. More than 200 Bar members have already registered for the conference, and if this year's meeting is like the 1985 Midyear held in Miami another 600 will register at the door. Staff meeting planners advise lawyers to register early to avoid the lines at the registration table (a registration form. appears inside this News), and also remind those attending from outside the Miami area that the deadline for guaranteed reservations at the Omni at the discount group rate of $85 per night is January 7. Bar President Joe Reiter encouraged lawyers to take advantage of the many CLE offerings, saying, This year's meeting has special significance since The Florida Bar has asked the Supreme Court to require continuing legal education for all Bar members. Although formal CLE is not mandatory at this time, the Bar's expression concerning the importance of professional enrichment is seen as an impetus for attorneys to participate in such Bar programs. The Bar is vitally interested in Florida citizens being represented by competent attorneys, he added, And competency SECHEN Insurance, legislation on Board agenda An early look at the agenda for the Board of Governors' January 15-16 meet- ing in St. Petersburg shows the Board will hear a number of Bar-related group status reports, consider several legislative matters and grant approval to go forward with the creation of a Bar captive pro- fessional liability insurance company. As this News went to press the agenda showed the Board plans to: 9 Give approval for the Bar to move forward on creating a captive professional liability insurance company. President-elect Ray Ferrero, Jr., and Bar coisultant Steve Helms will report that enough Bar mem- bers contributed $75 to raise the necessary $250,000 for the company's formation. 0 Receive a report from the.Criminal Procedure Rules -Committee pertaining to the recent Supreme Court emergency rule amendment-on useof the insanity defense. In its-order amending the rule the court requested the Bar's comments on the rule. 0 Considerthe basic skills course require- ment passed December 12 by the Young Lawyers Division (see story inside this issue). 0 Receive an interim report from the committee studying reapportionment of the Board of Governors. Chairman Bob Pleus of Orlando is scheduled to update the governors on information received during the committee's two recent public hearings, as well as discuss the group's agenda for its January 22 Midyear Meet- ing session. 0 Hear a report on the work of the legislatively-created Academic Task Force on Tort and Insurance Reform from Pro- fessor Carl Hawkins of Brigham Young The Board will discuss its next move in creating a captive liability insurance company when it meets in St. Petersburg January 15-16. Bar members contributed more than $250,0to capitalize the University,::ai eciorwof the task force. Hawkins is appearing at the invitation of Bar President Joe Reiter. 0 Receive in.annubal report on the activ- ities of the Family Law Section from Miriam Mason of Tampa, chairman of the section. * Consider:a-re'quest from past Bar President Gerald F. Richman of Miami to appoint a commission to study judicial evaluation, election and tenure in light of recent experiences in Dade County judicial elections. a Give final review to the recommenda- tions of the Special Commission to Study Contingency Fees and Referral Practices -adopted after modification at the Board's November meeting, but sent back for editorial changes-prior to sending the proposals to the Florida Supreme Court. The commission's recommendations, re- ported in detail in the December I News, included capping referral fees in most personal injury cases at 25 percent. 0 Receive the annual report of the Law Related Education Association, which the Bar formed two years ago to promote teaching more about the law, and legal system in public schools. LRE Committee Chairman Rick Crary of Stuart-Is expected to present the report. 0 Hear a report on the screening of applicants for the two recently-approved public member seats on the Board. Board member Darryl Bloodworth of Orlando, chairman of the screening committee, said Ill nonlawyers. applied for the posts. The committee will interview applicants Feb- ruary 5-6 in Tampa, and make its recom- mendations at the March Board meeting on whom should be nominated to the (Please see Agenda page 5) involves ethical behavior, proper judgment, skills, and sound legal knowledge. The Midyear Meeting provides a special opportunity for attorneys to enhance one aspect of competency-legal education. The Midyear Meeting offers the opportunity to obtain extensive credit in multiple areas of practice and at a relatively low cost, added Robert N. Sechen of Miami, chairman of the meeting. AMONG seminars scheduled are: Alter- native Delivery Systems: Issues and Answers, The Role of Local Government in Environmental Decision Making, Landlord/Tenant Seminar, Products Liability, Professional Associations After the Tax Reform Act, Cogeneration in Florida, Ethical Issues in Family Law Practice, and 1987v*.obate Litiga- tion. The landlord/tenant and tax seminars are already filling up, the sponsoring sections report, so advanced registration is advised. Other presentations include a gender bias panel discussion, international law update, developments in maritime law, and a seminar on attorneys' fees. Also on the agenda will be the Un- licensed Practice of Law Committee and Grievance Committee institutes. The one- day education workshops are fornew and experienced committee members. There are more than 60 local grievance commit- tees and 28 unlicensed practice of law committees statewide,-so attendance at the institutes is expected to be high, especially in light of the new Rules Regulating The Florida Bar, which include new UPL and attorney disciplinary rules. All registrants also are invited to hear noted trial lawyer and author Gerry Spqnce address the all member luncheon on Friday, January 23, and to attend the all member reception at the beginning of the meeting. The luncheon is co-sponsored by Jordan, Roberts & Co. and Price Waterhouse, and the reception is sponsored by Capital Bank. The only bad note reported about the 1987 Midyear Meeting is in fact q good indication that the conference may break attendance records-the Friday evening presentation of the Broadwaymusical Cats has already sold out. New Rules of Professional Conduct effective January 1 By Steve Busey Special to the Bar News On January 1 the Code of Profes- sional Responsibility ceased to govern lawyers in Florida. The Code was replaced by the Rules of Professional Conduct, which are part of the Rules Regulating The Florida Bar. Members of the Bar need to know: what are the rules, where did they come from and how do they differ from the Code? Evolution of the Rules The first national standards for lawyers were the Canons of Professional Ethics, adopted by the ABA in 1908, and subsequently by most state lawyer regula- tory bodies. In 1969 the ABA replaced the Canons with the Code of Professional Responsibility, which was, in turn, adopted in varying forms by all states. The Code of Professional Responsibility was in a three-part format: the nine Canons, the Ethical Considerations and the Disciplinary Rules. The purpose was .to state the general maxims in the Canons, Certification deadline extended The certification application filing deadline for the areas of real estate and estate planning and probate has been extended until January 5, 1987. Please contacffheFlorida Bar Certifica- tion Department for an application and further information. the aspirational objectives in the EC's, and enforceable standards in the DR's. In the late 1970s the ABA leadership determined the Code needed reworking and appointed the Commission on the Evaluation of. Professional Standards, commonly known as the Kutak Commis- sion. After six years of comment, debate and redrafting, the Kutak Commission proposed its final work product, the Rules of Professional Conduct, which the ABA adopted in 1983 to replace the Code of Professional Responsibility. The Florida Bar appointed a special study committee.of lawyers and law professors from throughout the state to study the new Rules and make recom- mendations regarding their adoption in Florida. After thorough review, debate and public hearings, the committee recom- mended that the Rules be adopted with some modifications. The Bar's Board of Governors con- curred, and after lengthy consideration by the Florida Supreme Court, the court entered its order in July 1986 adopting the Rules in Florida, effective 12:01 a.m. on January 1, 1987, in place of the'Code of Professional Responsibility. Structure of the Rules The Rules abandon the three-part format of the Code. The Rules appear in a restatement format, with.a total of 52 black letter rules in eight parts. Accom- panying each rule is a comment explaining the purpose of the rule and providing a guide to interpretation. The rules and comments are preceded by a preamble and a description of the scope of the Rules. A table of contents of the Rules is shown below. Why the ABA replaced the Code with the Rules The Kutak Commission found that the Code of Professional Responsibility, including the varying standards found in the Canons, EC's and the DR's, were cumbersome and difficult to apply in the practical resolution of ethical dilemmas arising in the everyday practice of law. With the increasing size of the Bar and the need to provide more effective ethical standards for lawyers, the Kutak Commis- sion believed that the restatement format would make the Rules a more useful tool'in the practice of law and in disciplinary procedures. The Rules also provide substantive guidance in many areas not addressed by the Code. As stated by The Florida Bar's Special Study Committee in its report to the Board of Governors: 0 The restatement format provides greater clarity, and therefore promotes greater understanding of professional standards; improves ease of access for the average practitioner; and offers a more definite framework for disciplinary procedures. 0 The Rules provide guidance in many matters not addressed in the Code of Professional Responsibility. 0 The Model Rules reflect years of conscientious effort by a respected com- mission of the ABA which solicited and accepted comment from all segments of the organized bar, as well as the deliberate STCOPY AVAILABLE... review of the House of Delegates. As such, it is a remarkably broad based codification of the standards of our profession currently prevailing in this country. (Please see Rules page 3)

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