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![handle is hein.barjournals/flabn0001 and id is 1 raw text is: BAR NEWS
July1974 Vol.1, No.1
Board Approves Prepaid Legal Services
A one-year pilot prepaid legal services plan has been
approved by The Florida Bar Board of Governors for
the United Teachers of Dade during the 1974-75 school
year.
The proposed plan was sub-
mitted by Tobias Simon of
Miami, counsel for the group,
in April and upon finding it
consistent with the Integra-
tion Rule and Code of Profes-
sional Responsibility, the
Board approved it on May 30.
The plan was approved con-
ditionally with the require-
ment that sponsors make quar-
terly reports to The Florida
Bar regarding all aspects of its
operation.
Covering approximately
9,000 public school teachers
employed in Dade County,
UTD's prepaid legal services
plan will also cover those in
Broward County.
After the 1974-1975 school
year ren-wal of the program
may be sought on an annual
basis '- he UTD. Anticipated
cost of the program is $35 per
member per year.
The UTD is a merger of the
Dade County Classroom
Teachers' Association and the
Dade Federation of Teachers,
Local 1875, AFL-CIO. The
merger, forming a nonprofit
labor organization, will be
effective as of September 1,
1974.
Within the prepaid legal
services plan for protection of
member rights in work related
matters, a member teacher
may receive complete legal
assistance in concerns involv-
ing job security, such as sus-
pension or discharge. Com-
plete legal assistance is also
James A. Urban, Orlando, is admin-t :red the oath as president ]. Rex Farrior, Jr., T ampa, takes oath as president-elect during
of The Florida Bar by Chief Justice James C. Adkins. the Bar 24th annual concention on June 1.
Chairmen to Get Briefing at Tampa Meeting
Chairmen of committees
and sections of The Florida
Bar will meet all day Friday,
July 19, at the Host Airport
Hotel in Tampa to review the
goals of the Bar for the year
and how they can work
together to accomplish them.
Bar President James A.
Urban said the chairmen will
be divided into five groups for
brainstorming sessions to
establish goals and to avoid
any unnecessary overlap in
activities. The groups will
cover substantive law, service
to members, service to the
public, special committees,
and sections.
After coffee at 9 a.m., the
morning session will begin at
9:30 when President Urban
will discuss objectives for the
1974-75 year, followed by an
introduction of Bar staff
members. The morning
speaking schedule includes:
Executive Director Marshall
Cassedy, communications,
public statements and Board
appearances; Budget Chair-
man Andrew G. Pattillo, Jr.,
budget matters; Legislative
Committee Chairman Talbot
D. (Sandy) D'Alemberte,
legislation;Journal Managing
Editor Linda Yates, how Bar
publications can help commit-
tees and sections and how
committees and sections can
contribute to the publications;
and Section and Committee
Activities Coordinator Mindy
Byars, administrative support,
policts and guidelines for
sections and committees.
President Urban hopes that
the meetingwill acquaintthe
chairmen and vice chairmen
with our goals and explain
how the Bar staff can assist
them.
The chairmen's meeting is
for chairmen, vice-chairmen
and chairmen-electofsections
and committees. There are
presently 62 committees of
The Florida Bar and nine sec-
tions.
General Meeting
Reset In Orlando
President James A. Urban
has announced that the
General Meeting of Commit-
tees and Sections of The
Florida Bar, originally
planned for October 25 in
Miami ' Beach, has been
rescheduled for October 24
and 25 at the Dutch Inn in
Orlando.
The meeting will end at
noon Friday, October25, so as
not to conflict with University
of Florida homecoming
activities that weekend.
available in criminal concerns
arising out of the course of
employment. In this area, the
matter will be handled
through the trial level.
Nonwork related benefits
are available for the teacher or
his dependents. They are per-
mitted up to four interviews
with a panel attorney within
a school year for advice of a
legal nature. If the advice
sought leads to the use of that
same attorney in one of the
other benefits of the plan, the
interview will not be charged
against the allowed four inter-
views encompassed in this
section.
Under this plan, the legal
spouse of the eligible teacher
is a dependent as are the chil-
dren who are under 18 years
of age and those who are con-
sidered dependent for federal
income tax purposes.
Ten hours of legal
assistance per teacher per
school year are allowed for
negotiations and conferences
or whatever efforts it takes to
settle cases. The plan has
designated exclusions and
limitations, including work-
men's compensation or a dis-
pute between teachers both
under the plan.
When legas services are pro-
vided, the teacher is the client
of the panel attorney, not the
UTD. If a teacher under the
plan decides to obtain n
attorney of his own choice, he
may do so at his own expense.
Supreme Court Gives Public Reprimand to Brilliant in Long Case
With the Supreme Court's
June 6 denial of a rehearing
filed by attorneys for Meyer
M. Brilliant in a complaint
brought by The Florida Bar,
a decision issued by the court
on April 10 became final.
In that opinion, the court
did not agree with the Board
of Governors of The Florida
Bar in its recommendation for
a 90-day suspension for Bril-
liant and ordered a public
reprimand. The costs of the
proceedings were ordered
borne equally by The Florida
Bar and the respondent.
In a separate decision, con-
curring in part and dissenting
in part, Justice Joseph Boyd
agreed in the finding of guilt
but dissented in reduction of
penalty and costs.
The referee in the grievance
case found that respondent
received hundreds of traffic
citations from a Cuban
accountant and presented
them to one of the Metropoli-
tan Court judges of Dade
County along with the
amounts required for payment
of fines. The prior traffic
oflenses of the defendiants
thus pleading guilty would
not he considered and it there-
fire raised questions as to
whether the clients of the
accountant working through
the respondent received spe-
vial preference over those per-
sons required to personally
face the traffic judges.
News media first exposed
the practice on January 12,
1970, and a week laLar The
Florida Bar opened its grie-
vance case against Brilliant.
On finding of probable cause
on May 1, 1970, the Bar pro-
ceeded with the case with 84
separate docket entries detai-
ling its progress. There was
one interlocutory appeal to
the Supreme Court and an
appeal in the circuit court to
compel answers. Petitions and
cross petitions for review and
a petition for rehearing pre-
ceded the court's final order.
The time and persever-
ance which Bar counsel James
F. Crowder and referee
Richard B. Adams devoted to
this case in behalf of the disci-
plinary program reflect great
credit upon them, Staff
Counsel Noman Faulkner
said.
Other recent decisions in
disciplinry.ry cases include the
following:
The Florida Bar e. John A.
Red-The referee made and
the Board of Governors
approved a recommendation
ofdisbarment against the Mel-
b'urne lawyer for neglecting
appeals in two criminal cases.
The Supreme Court approved
the findings and ordered a sus-
pension ofone year. The Bar's
petition for rehearing was
denied on May 22.
William C. Smith, Fort
Lauderdale, by order jf the
Supreme Court, was to be sus-
pended from the practice of
law on July 5,1974. Smith was
convicted on several counts of
conspiracy, mail fraud and
fraud by wire last January in
the U. S. District Court in the
Southern District of Florid-e.
In The Florida Bar c.
Frederic A. Scott, the Sup-
reme Court on May 22 denied
the reinstatement petition of
Scott. The referee report and
Board of Governors opposed
reinstatement of the Jackson-
ville man, who was disbarred
in 1964 after having been sen-
tenced to five years imprison-
ment on one count of grand
larceny.
The Florida Bar o. Robert
B. Cook-The Supreme Court
approved a consent judgment
for a public reprimand and
payment of $557.60 in costs by
the respondent. The consent
judgment was based on
(Continued on page 8)
Digitized from Best Copy Available
July 1974
Val. 1. No.1](ViewImageLocal?handle=hein.barjournals/flabn0001&div=1&collection=&method=preview&ext=.png&size=3)