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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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