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4 Fla. B. News 1 (1977)

handle is hein.barjournals/flabn0004 and id is 1 raw text is: Janury 1, 197                                                      U1A SI- .4V. 4,~ MO.

Bar Brings UPL Suit
Against Divorce Services

Federal Court
Practice Studied

The company placing a
advertisement readinf
Divorce Only $85, in maj
daily newspapers during tI
past few months is the subje
of aFloridaBarpetition again
unauthorized practice of iaw,
On January 3, The Florid
Bar filed a petition in th
Supreme Court of Florid
asking for a permaneE
injunction prohibiting Divorc
Services of Florida (DSF) fror
operating its dissolution a
marriage service in Florida
The Florida Bar also asked th
court for an immcdiat,
temporary injunction prohibit
ing DST's operation until th
unauthorized practice of lav
proceedings are completed.
DSF is owned and operate(
by  Divorce Services o
America, a Santa Monica
California, company. It ha
been running an ad in majo
Florida newspapers whicl
Cornpenwaffr
Rules Proposed
A petition for adoption of
new Florida Workmen's
Compensation rules of
Procedure has been filed in the
Supreme Court by Elmer O.
Friday, Jr., chairman,
Industrial Relations Commis-
sicn. A hearing date has not
been set.
Rules were first adopted by
the court- on November 14,
1973, since which time
substantive and other changes
have been statutorily effected
so as to require revision of
many of the existiagprocedural
provisions and deletion of
others.
Leonard A. Carson, immed-
iate past chairman of the
Industrial Relations Connis-
sion, in coordination with. the
Supreme Court, initiated
research and study of the need
for revision of the rules.
Participating were judges of
industrial claims, the
Workmen's Compensation
Section of The Florida Bar, and
the Bureau of Workmen's
Compensation of the Division
of Labor, Department of
Commerce. Public hearings
were held in Ft. Lauderdale,
Tampa and Tallahassee.
The revision eliminates
substantive law content and
speaks to procedure of practice
and pretrial proceedings. One
major change     removes
petitions of insolvency from a
court of industrial claims to the
Bureau    of Workmen's
Compensation where they will
be handled administratively.

( states Divorce Only $85 and
, gives a toll free number to call.
The   number  'onnects the
inquirer to DSF4- office in
t Santa Monica. After calling the
number, the inquirerismaileda
questionnaire, which. DSF asks
L the caller to fill out and return
with $85. After receiving the
form   and   money, D!SF
prepares a package of form.
with an instruction sheet and
mails it to the caller.
The Florida Bar alleges that
DSF's solicitation of customers
for its service, and    its
subsequent filling out of
dissolution of marriage papers,
are a violation of Florida law as
enunciated by the Supreme
Court in The Florida Bar v.
American Legal and Business
Forms and The Florida Bar c.
Stupica. In those cases, the
Supreme   Court held that
assisting  a  person  in the
preparation  and  filing  of
dissolution of marriage papers
involves giving legal advice
and constitutes the practice of
law.
Acting on the recommenda-
tion of the Standing Unauthor-
ized   Practice of Law
Committee, the   Board   of
Governors of The Florida Bar
authorized litigation in this
case.

President Ed Atkins will ask
the Board of Governors
meeting in St. Augustine later
this week to create a special
committee to study in depth
Rule 46 which governs
admission of lawyers to
practice in the Second Federal
Judicial Circuit.
The rule was recommended
by Federal Judge Charles
Clark during a meeting of
judges and Bar representatives
of the Fifth Circuit Court of
Appeals in New Orleans last
month. Bar presidents of the
southeastern   states were
requested to respond as to
whether or not the rule should
be put into effect in other
federal courts as it exists or with
modification.
President Atkins attended
the meeting in New Orleans
and on December 18 reported
to the Executive Committee of
The Florida Bar that the rule
requires applicants to have
completed a course of study
in five fields either in law
school or through continuing
legal education.
The Executive Committee
resolved to make no recom-
mendations concerning the rule
at this time. The special
committee it proposes will
study the rule and attempt to

Frederick B. Karl took the oath as justice of the Supreme Court of Florida
with his hand an a Bible presented here on behalf of The Florida Bar by
President Ed Atkins. The ceremony in the Supreme Court at 12 noon
Tuesday, January 4, was attended by lawyers and other well-wishersfrom
throughout the state.

develop means to effect
stronger competency of those
practitioners who practice in
the federal courts from this
state.
The. Executive Committee
resolved  that any  system
designed to improve compe-
tency should be accomplished
through existing state agencies
such as the Florida Board of Bar
Examiners, the Bar and the
Supreme Court, and that any
effort to develop a federal
superstructure to develop
admission  controls to the
federal courts be discouraged.

Bar Center Fund Drive Draws to a Close

January 16 is the second
anniversary of The Florida Bar
Center Building Fund Drive to
raise $1.5 million from
members for the new addition
to the Bar Center.
In the two years of the
campaign Florida lawyers have
pledged $1,358,755, 91% of the
goal, leaving only $141,245 to
be raised. President Ed Atkins
believes there are many Bar
members who still intend to
pledge toward the last 9%, and
he vants to give them notice
that the drive is about to
conclude.
Still hopeful of reaching the
goal, Atkins said he sees several
reasons why attorneys who
intend to pledge have not yet
done so:
There are many lawyers
who, because of the pressures
of time and work, simply set
their pledge cards aside,
intending to sign them, and
don't get back to them. Others,
I am sure, have been sitting
back and waiting to see how the
drive would go, especially
older members waited to see
whether there would be
substantial participation  by

those admitted to the Bar since
the first building fund drive in
1965. The young lawyers have
been  outstanding  in their
participation, from both the
standpoint of pledges and
work, he said.
Still others may have felt
that at the time the drive was
commenced their economic
situation was such that they
simply  could  not pledge.
Economic   conditions  have
improved considerably since
the drive and I am sure many of
these individuals are now in a
position to pledge.
Now that the addition is
occupied it is time to prepare
and display the bronze donor
plaque with the names of all
pledgers to the Bar Center
addition. Atkins said.
We want to take appro-
p: a steps to be sure all names
are spelled correctly and all
who hav pledged are listed on
the placlue, he said, but this
can't be done    until the
campaign is closed and all
pledges are accepted.
Pledges must be in the
amount of $500, and     are

payable over five years. For
Young   Lawyers Section
members (all Bar members
under the age of 36 are
automatically members of the
Young Lawyers Section)
practicing less than five years,
there is an option to pledge
$250 instead of $500, still
payable over five years.
A $500 pledge over five years
breaks down to only $8.34 per
month, $25 per quarter, $50
semiannually or $100 annually.
A $250 pledge amounts to $4.17
monthly, $12.50 quarterly, $25
semiannually or $50 annually.
No   initial payment is
required and the first payment
may be made any time during
1977.
I urge you to fill out a pledge
card and guarantee a place on
the donor plaque for your
name, Atkins said. If you
have been waiting for the right
time, it is now.
A pledge form is located on
page 9 of the September 1976
directory issue of The Florida
Bar Journal or one may be
obtained by calling the Bar at
(904) 222-5286.

Board to Review
Residency Petition
A proposed petition to the
Supreme Court setting
residency requirements for
applicants for admission to the
Bar will be reviewed by the
Board of Governors during a
meeting in St. Augustine
January 13-15.
The Board approved in
November recommendations
of a Special Liaison Committee
to the Board of Bar Examiners
that each applicant for
admission maintain a continu-
ous physical presence and
residency within the State of
Florida for a period of not less
than 90 days prior to his or her
application so that the Board of
Bar Examiners may closely
observe and investigate. the
character and fitness of each
applicant The proposal further
requires that each applicant
continue to maintain a
continuous physical presence
until such applicant has been
admitted to The Florida Bar.
The special committee,
comprised of L. David Shear
and Raymond W. Royce, also
recommended that the Florida
bar examination be given twice
a year in conjunction with the
multi-state bar examination
and that an applicant be
allowed to take the exam not
more than three times without
consent of the Supreme Court.
President Ed     Atkins
appointed at the direction of
the Board a special committee
chaired by Leonard Gilbert,
Tampa, to study    varying
grading procedures for the bar
examination, and one chaired
by President-elect russell
Troutman, Winter Park, to
tudy continuing competency
f members of the Bar who
lave not practiced for some
ime and desire to start again.

i

January to, 1977,

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