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21 Fla. B. News 1 (1994)

handle is hein.barjournals/flabn0021 and id is 1 raw text is: Media-Law Conference reviews refl - -06'.0 ^d CT2 114'dOj8~V WNV UGJ 933~Z N 00 ONIE3J)H8SIV1H3S S C- 0 I IT i - vU January 1, 1994 e Vol. 21, No. 1 2 .1 S and Continuing Education Guide Ad review continues .... ........ Bar review of lawyer advertisements will continue, following action by the Board of Governors. What had been a boiling debate over the future of ad reviews at the board's September 30-October 1 meeting had simmered into a compromise when the board met December 7-8 in Oilando. At the earlier meeting, three members of the Special Study Committee on Lawyer Advertising advocated ending ad reviews and three members favored keeping them and improving Bar en- forcement. Committee Chair Charles Wells said the compromise called for continuing the ad reviews for the remainder of the year, at an additional cost of $22,704 over the current budget. During the next year, there will be an overall review of all advertising regula- tions, which began nearly three years ago, he said. The advertising rule in general needs to have a continuing look because there are continuing changes in Florida' Wells said, noting there's been no evaluation in the rule's first three years. The committee also recommended that the board reconfirm by resolution its policy that lawyers comply with all parts of the advertising rule and that it will be enforced through the grievance process Wells said. Bar President Pat Seitz in October announced a campaign to urge advertis- ing lawyers to follow the rules and ask Bar members to report those who don't. The board unanimously approved the committee's recommendations and the extra money to continue the ad reviews. Rules 4-7.2 and 4-7.5 explain which ads must be submitted to the Bar for review. The review fee is $50 per ad. Critics of the review process said the fee was supposed to cover all the ex- penses of the Advertising Department, but the office has continually lost money See Ads, page 6 Ethics school gets okay By Gary Blankenship A.qssciate Editor The Bar Board of Governors has given final approval to plans for a new practice and professional enhancement program. The plan to create an ethics school as an alternative to the grievance pro- cess for lawyers facing minor misconduct charges won unanimous approval last month. We truly believe. that it is going to be a groundbreaking pro- gram with The Florida Bar, said John Thornton, chair of the Program Evaluation Committee, which pre- sented the plans, I think there is a real thirst' within the HLL profession to enhance professionalism and this school will help accomplish that, said former Bar President Ben Hill, who proposed the enhancement program and chaired the committee that drafted the necessary rules and program outlines. It's going to give an opportunity to law- yers who need some assistance in under- standing how to practice and adhere to the highest of professional standards. It's going to give them that opportunity to appreciate and learn that a professional practice can be successful:' The program and implementing rules will be submitted to the Supreme Court later this month as part of the annual rules package. Thornton said the program will be self- supporting from fees paid by the partici- pants, and is expected to have about a $20,000 annual budget. School Details Only lawyers charged with grievances that would result in a finding of minor misconduct or dismissal with a letter of advice will be eligible for the school. Either Bar counsel or a grievance com- mittee could, with the agreement of the designated reviewer, recommend diver- sion to the ethics school. Those not eligible would be lawyers dis- ciplined in the past three years or charged with any of the following: misap- propriation of client funds, similar mis- conduct in the past five years, dishonesty, misrepresentation, deceit or fraud, or the commission of a felony. Lawyers who took actions that resulted in a loss of rights to clients would also be ineligible. And once a lawyer has taken the en- hancement training, he or she would not be eligible for diversion again for seven years. If the lawyer agrees to diversion and then fails to complete the training, the grievance would be reinstated and the failure would be considered an aggravating circumstance if discipline was imposed. Training initially would be held at least quarterly, at sites tentatively in the Ft. Lauderdale-Miami area, the Tampa- Orlando area, and in Tallahassee. The training would last one day, although par- See Ethics, page 6 Bar endorses state funding for civil litigation support The Florida Bar has gone on record supporting state funding to provide civil legal representation to indigents. The Board of Governors approved that position, requested by The Florida Bar Foundation; at its December 7-8 meeting in Orlando. The board also approved 14 section legislative requests. Legislation Committee Chair Don Gif- ford said the committee reviewed and supported the Foundation's request, not- ing it had been a long-time Foundation goal. A joint Bar/Foundation commis- sion, which recommended the court- approved pro bono plan, also had recom- mended that the Bar and Foundation support state funding for civil legal services to indigents. Board member John Hume said he was concerned that state funds might be turned over to the Foundation, which could disburse the money as it wished. But Gifford said that while details were still being worked out, his understanding was that a state agency would hold the funds while the Foundation reviewed and selected eligible participants. The board unanimously approved the request. Gifford said the committee had post- poned two other requests. One was from the Public Interest Law Section, which wants to oppose any constitutional amend- ment that would bar laws prohibiting discrimination based on sexual orienta- tion. The second was a request from the Media and Communications Law Com- mittee to support a shield law for reporters protecting confidential sources. Gifford noted that a PILS repre- sentative was unable to appear before the Legislation Committee because of illness, and both items would be consid- ered when the committee met next, either at the Midyear Meeting or sooner. Section Positions Several section positions were ap- proved under the board's new review policy, which allows sections to present positions through the Legislation Com- mittee to the board. The positions are automatically approved unless the board objects. Four sections had legislative positions approved. 9 The Business Law Section won permission to support allowing all finan- cial institutions to offer pay-on-death accounts to customers. See Legislation, page 19 See you at Midyear - Final schedule inside THE BAR JOURNAL this month focuses on issues of interest to solo practitioners and lawyers practicing in small firms. The special issue is a joint effort of President Pat Sietz' Solo and Small Firms Practitioner Committee and the Journal Editorial Board. mm January 1, 1994. Vol. 21, No. 1

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