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14 Fla. B. News 1 (1987)

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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
  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


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
  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
      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


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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