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27 Fla. B. News 1 (2000)

handle is hein.barjournals/flabn0027 and id is 1 raw text is: 







Terry Russell named president-elect


By Gary Blankenship
Associate Editor
   On December 10, Ft. Lauderdale at-
torney Terry Russell was nominated to
become president-elect of The Florida
Bar Foundation.
   Five days later he got - depending
on your point of view - a better offer.
   Russell, who served on The Florida
Bar Board of Governors from 1987-91,
has become president-elect designate fol-
lowing the close of filing December 15 for
president-elect of the Bar for 2000-01. He
was the only candidate.
   He will be sworn in as president-elect
at the June Annual Meeting and become
president the following year.
   My feet are not on the ground yet,
Russell said the day after his election.
I've never quite felt this way. It's a very,
very special feeling.
   It's especially gratifying for Russell,
who lost a very close presidential race in
1991 to Miami lawyer Alan Dimond and
had not expected to seek the post again.
   I was encouraged by some leaders of
the Bar to consider it this year, he said.
I think they felt the need for my back-


ground and experience and they asked
me to consider it again.
   Russell, 55, said he thought about it
for a few weeks, consulted his wife and
family and after last June's Bar conven-
tion decided to take the plunge.
   He hasn't been a stranger to Bar work
after leaving the board. After a year hia-
tus following the 1991 election, he joined
the board of directors of The Florida Bar
Foundation and found that work satis-
fying. (He will continue to serve on the
Foundation board as president-elect,
president and immediate past president
of the Bar, although he will now be re-
placed as Foundation president-elect des-
ignate.)
   He recently chaired a Bar special com-
mittee which proposed a rule change,
accepted by the board last year, allow-
ing attorneys to delegate more work to
paralegals as long as the attorney super-
vises and remains ultimately respon-
sible. Russell also serves on the Special
Committee on MDP/Ancillary Busi-
nesses.
   Terry has a proven record of leader-
ship serving The Florida Bar. He's had


decades of service to our profession, said
President-elect Herman Russomanno,
who will become president when Russell
is sworn in as president-elect. He has
an outstanding reputation as a lawyer
and unquestioned integrity. He's also a
community leader and someone who is
devoted to his family. It's a privilege for
me to serve with him, as we both help
successfully guide the Bar into the 21st
century.
   His experiences have influenced the
goals Russell will bring to leading the
Bar.
   With all the pressures of globaliza-
tion, the multidisciplinary practice issues
are very important, he said. That in-
cludes the intrusion into the practice by
unlicenced individuals who are actually
practicing law because we are not pro-
viding the access we need to. We must
help poor people resolve their legal and
social problems, and frankly, helping the
Foundation carry out its functions is very
important to me.
   The way to attack such challenges is
              See Russell, page 6


'Terry has a proven record
of leadership serving The
   Florida Bar. He's had
 decades of service to our
         profession.'


Volume 27, Number I                                             www.FLABAR.org                                                   January 1, 2000

Florida-Lawyers1 Board tables ancillary business rule


Protecdn ,rightspursuing. justice
    promoting professionalism
Scared straht


    AFtLaudedaie lawyer
    M .akes:time to show kids


                       a .,;Through

 I                     program she
 MARM-PRUNSKIS Oves kds.-el ,,:...
a glimpse of onefutre option.I caIs Tough
                       & Tender,'
Prunskis takes kids behind bars for a
doseofharsh reality. They meet men who
beat up their wivbs.,They shudder when
convicted murderers waiting to go to state
prison tell them they'll never be free
again. They see pregnant women in jail
garb who know their babies will be de-
livered in confinement and then taken
away.
  'A youngwoman who said she was:a
slave to fashion got arrested for credit
card fraud. A gang member tells them
no one fromnhis gang ever visits him in
jail or accepts his collect calls and he
feels lonely.
   The whole purpose is so the children
experience first-hand the harshness
           See Future, page14


JNC Institute still
on for January 12
   The annual Judicial Nominating
Commission Institute and luncheon is
still scheduled.for January 12 at the
Hyatt Regency in Miami, in conjunction
with the Bar's Midyear Meeting.
   The Midyear schedule in the Decem-
ber 15 News incorrectly reported the
meeting had been cancelled.


By Gary Blankenship
Associate Editor
   For the moment, there will be no spe-
cific new rule proposed for lawyers who
operate ancillary businesses.
   The Board of Governors last month
 tabled a suggested rule regulating law-
 yers when they offer nonlegal services to
 clients, With board members saying they
 want some refinement and also to review
 an expected proposal on multidisciplin-
 ary practices.
   The proposed rule, which would cre-
ate Rule 4-5.7, was approved by a 17-2
vote by the Special Committee on MDP/
Ancillary Businesses. The proposal was
based on a similar rule adopted by the
Pennsylvania bar.
   Under the rule, a lawyer must dis-
close to the client when he is acting as a
lawyer and when he is not acting as a
lawyer, so the client will know what to
expect from the lawyer, said board mem-
ber and special committee member Carol
Brewer. Lawyers are permitted to en-


Bar honored for

  half-century of

  public service
  Gov. Jeb Bush and the Florida
Cabinet adopted a resolution De-
cember 14 honoring The Florida
Bar for 50 years of service to the
lawyers and the people of
Florida.
   In introducing the resolution,
Treasurer and Insurance Commis-
sioner Bill Nelson noted the Bar is
recognized as a national leader in
public service whose members do-
nate more than 1.4 million hours
and $1.7 million annually for legal
services to the poor.


lw


gage in activities that do not involve the
practice of law. What this rule says if you
do, then you have certain safeguards

  Action on MDPs may
  follow Jan. 12 hearing
  --The Board of Governors could get a
  final recommendation on rules affect-
  ing multidisciplinary practices in April.
    Co-chair Richard Gilbert of the Spe-
 cial Committee on MDP/Ancillary Busi-
 nesses told the board at its Miami Beach
 meeting the committee plans quick ac-
 tion after a January 12 town hall gath-
 ering during the Bar's Midyear Meeting.
   The town hall meeting, open to all
 Bar members, will feature the special
 committee presenting pro and con re-
               See MDP, page 7

from our obligations as an attorney if you
take these steps.
   The rule urges, but does not require,


Call for Memorabilia
   Accepting the resolution, Presi-
 dent Edith Osman said the Bar is
 committed to continuing the tradi-
 tion in the new millennium. We are GOV.JEB BUSH, Bill Nelson, Bob Butterworth, Tom Gal-
 working to restore public confidence lagher and Edith Osman at the Cabinet ceremony.
 in our legal system by helping
 people understand the role of lawyers and the contributions lawyers make in their
 communities, Osman said. Toward that end we have adopted the theme, 'Protecting
 rights, pursuingjustice and promoting professionalism' - which is what The Florida
 Bar is all about.
   Osman is asking members to search their offices for pictures, documents and other
 memorabilia reflecting the history of the Bar for use in a special issue of the Bar Jour-
 naland a display at the Annual Meeting. Submissions may be sent to 50-Year Celebra-
 tion, The Florida Bar, 650 Apalachee Parkway, Tallahassee 32399-2300. All submissions
 will be returned.
Inside: New ad rules, proposed Bar rule changes, board races set


that the disclosure be made in writing.
It also provides that if the disclosure is
not made, that Bar rules apply to all of
the lawyer's activities, legal and nonle-
gal.
   Board member and special committee
 Co-chair Richard Gilbert was one of the
 two negative votes on the committee and
 he urged the board to wait.
   This rule deals with what is charac-
 terized as nonlegal services, he said.
 The problem is that phrase is not de-
 fined and I suspect one of the reasons
 folks want this rule is so they can engage
 in 'nonlegal-services' without complying
 with our rules.
   In some cases, Gilbert told the board,
what is nonlegal services if provided by
a nonlawyer becomes legal services when
performed by a lawyer. Those include
things such as providing title insurance,
financial planning, legislative lobbying,
mediation, patent advising and environ-
mental consulting.
   He also argued that the board should
wait and consider a proposed rule on
multidisciplinary practices, expected by
the board's February 4-5 meeting in Tal-
lahassee, together with the ancillary
business rule. Gilbert said the board
might adopt the ancillary rule and then
find part of it conflicts with the MDP rule.
            See Ancillary, page 6

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