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31 Fla. B. News 1 (2004)

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Bookman named Bar president-elect

He plans to reach out to Bar members, improve court access


By Gary Blankenship
Senior Editor
   Alan B. Bookman didn't get a chance to
get a big head about becoming president-
elect designate of The Florida Bar.
   When the call came late on December
15 that Bookman had won the post unop-
posed, he was in a meeting with clients.
   I was sitting in a conference with two
clients and they wouldn't let me do any-
thing except work, Bookman said with a
laugh.
   He was even late to the champagne cel-
ebration planned by his Pensacola law firm,
Emmanuel, Sheppard and Condon, as his
clients, both good friends, good-naturedly
insisted he attend to their legal needs.
   But Bookman, 56, finds that fitting.


  I'm just an everyday real estate and busi-
ness practitioner. I don't do as much litiga-
tion as I used to, although I still do some, he
said. Basically, I'm an office practitioner. I

      Fifteenlawyers have
      been electedwithout
  opposition to the Board of
  Governors nd another 26
     are running for eight
 contested seats. See page 3.

 earn my living by dealing with clients on a
 day-to-day basis.
   And that's how he sees most Bar mem-
bers, whom he hopes to reach out to when


he becomes Bar president in June 2005. He
will be sworn in as Bar president-elect this
June when Kelly Overstreet Johnson be-
comes Bar president.
   I've been very concerned about the
apathy of the average Bar member, and the
perception that the Bar is doing 'to them'
instead of 'for them,' Bookman said. 1
want to do something to renew confidence
in the Bar itself.
   Another goal, he said, will be improv-
ing the availability of legal services.
   I'm very big on access to the courts
for the indigent as well as low- to middle-
income families who don't qualify for legal
aid but can't go to a lawyer because it's

           See Bookman, page 6


The Florida Bar News °



  Volume 31, Number 1                                           wvwvw.  EABAR.og                                                 January 1, 2004


MJP rules to be sent to the court

Package calls for registration and fees for most non-Bar members


By Gary Blankenship
Senior Editor
   Rejecting last minute misgivings from
the securities industry and a corporate
counsel group, the Bar Board of Gover-
nors has approved rule amendments to
regulate multijurisdictional practice in
Florida.
   Acting at its December 5 meeting on
Amelia Island, the board accepted the rec-
ommendations of its Special Commission
on the Multijurisdictional Practice of Law
2002 and voted to forward them to the Su-


preme Court for final review.
  The proposed rules also include an ex-
emption for international arbitrations,
changes made in response to Miami's cam-
paign to become home of the secretariat
of the Free Trade Area of the Americas.
The FTAA would include arbitration of
business disputes from throughout the
Americas.
   What we're trying to do is create the
concept of temporary practice, and create
a presumption of when something tempo-
rary becomes permanent, that lawyer will


Certificatlon appeal process claified
By Gary Blankenship                  the board itself when it gets an appeal.
Senior Editor                           that caused concern among CPAC and
   A proposal to revamp the certification  board members that they couldn't make
 appeal process has been abandoned in an informed decision when the appeal was
 favor of clarified policies, following Bar  based on peer review. The BLSE argued
 Board of Governors action last month.  that those appeals were supposed to be
   The board also accepted the recom- only on procedural issues and not the ac-
 mendation of the Program Evaluation  tual content of the reviews.
 Committee for a compromise on real es- CPAC and the BLSE worked out a com-
 tate certification standards that had up-  promise where the peer review would be
 set out-of-state Bar members,        shared with an independent appellate
   In past meetings the board had been committee, and the committee would have
 reviewing a plan to change certification  the final say with appeals no longer go-
 appeal because of problems involving ing to the full board. But the two groups
 confidential peer review. Under current  disagreed on the membership of the new
 Bar procedures, only the area certifica-  appellate committee, so the issue was sent
 tion committee and the Board of Legal  to the Program Evaluation Committee for
 Specialization and Education see the peer  further study.
 reviews during an appeal.              Board members also raised concerns
   The peer review is not shown to the  about not letting appellants see the peer
appellant, nor is it shared with the board's
Certification Plan Appeal Committee or     See Certification, page 5


become a Bar member, said John
Yanchunis, chair of the special commis-
sion.
   Yanchunis said practicing in Florida
has always required that a lawyer be a
member of the Bar. The only exception was
for judges who could admit out-of-state
lawyers pro hac vice.
   In practice, out-of-state lawyers regu-
larly did transactional, trial, and dispute
resolution, he said. The ABA studied the
issue and approved model rules, and the
special commission reviewed those and
recommended the changes to Bar rules. It
did not accept all of the ABA proposals.
   According to the special commission's
final report, out-of-state lawyers licensed
in another jurisdiction and not under dis-
ciplinary sanction would be able to tem-
porarily practice law in Florida. But they
would be required to register with the
Florida Supreme Court, and comply with
all Bar rules, including being subject to
Bar discipline. If the matter involves ap-
pearing in trial or handling an arbitration,
the lawyers must also pay a $250 fee to
the Bar (to offset monitoring costs) and
cannot handle more than three matters in
a 365-day period.
   Those requirements would not apply
to the arbitration of international disputes.
   Yanchunis noted the board tentatively
had approved the rule amendments, ex-
cept for the international arbitration ex-
ception, last May. He also defended the
change to allow international arbitration
while not allowing national securities
                See MJP, page 5


BAR PRESIDENT Miles
McGrane presented Sen. Rod
Smith, D-Gainesville, and Rep.
Holly Benson, R- Pensacola,
with The Florida Bar
President's Legislative Awards
at the Board of Governors
recent meeting on Amelia
Island for their continuing effort
to address the court funding
issues of Revision 7 to Article
V. These awards are one way
to thank Sen. Smith and Rep.
Benson for their support of


                                      the judiciary and to ensure all
Bar President-elect Designate Alan Bookman, Floridians have equal access
from the left, Rep. Holly Benson, R-Pensacola, to justice' McGrane said.
and President Miles McGrane.


Sen. Rod Smith, D-Gainesville, from the left, Presi-
dent-elect Kelly Overstreet Johnson, and Presi-
dent Miles McGrane.


U70-  * Li Vii '  L  *i


   Florida Lawyers
Protecting rights, pursuing Justice,
    promoting professionalism

Attorney donates a
kidney to colleague's
suffering daughter
By Jan Pudlow
Associate Editor
  Hooked up to hemodialysis at the hos-
pital for four hours three times a week.
Enduring the prick of needles the size of
16-gauge nails. Sapped of energy. Carry-
ing only 86
pounds on.
her 5-foot-3-
inch frame.
Unable to
eat   many
foods, and
forcing
down nour-
ishment that
tasted tinged
with alumi-
num. Since
2001,  that
was the pain-
ful routine
for Stefanie
Reed, now
20. Born with
m e'd i c a I Nancy Lugo and Stef Reed
problems,
the kidney her father had given her when
she was only 18 months old wore out af-
ter 17 years. She was on the national list
             See Lugo, page 10


BOOKMAN

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