Notice

first_img NoticeBoard to appoint Foundation members The Board of Governors is seeking applicants for the following vacancies to be filled during its January 28, 2005 meeting: Florida Bar Foundation Board of Directors: Two lawyers to serve three-year terms, commencing July 1, 2005, on this 29-member Board of Directors which administers Florida’s IOTA program. Directors shall be members of the Foundation during their term(s) as directors. Persons interested in applying for these vacancies may download and complete the application on-line from the Bar’s Web site, www.flabar.org, or may call Bar headquarters at (850)561-5600, ext. 5757, to obtain an application form. Completed applications must be submitted to the Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-2300 no later than close of business January 7, 2005. Resumes will not be accepted in lieu of an application. Time to apply for Bar committees The annual committee preference form for Bar members seeking appointments for the presidential term of President-elect Alan Bookman is now available on The Florida Bar’s Web site. The forms can be accessed by logging on to www.flabar.org. If you do not have access to a computer, you may call (850) 561-5600, ext. 6802, and request a form to be mailed or faxed to you. To apply to serve on a committee, members will have to fill out the committee preference form and submit it online, eliminating the need to mail or fax in the completed form. It will be presented in the same format as usual and should only take a minute or two to complete and submit. If you are currently serving on a standing committee, check the Bar’s Web site at www.flabar.org to determine when your term expires. If your term expires in 2005, you must complete a new form to be considered for reappointment. If you are not currently on a standing committee, and wish to be appointed, complete the form and return it prior to January 14, 2005. If you are serving on a substantive law committee and wish to continue to do so, you also must complete and return this form by January 14, 2005, to retain membership on that committee. Third Circuit JNC to fill judgeship The Third Circuit Judicial Nominating Commission is now accepting applications to fill a judicial vacancy created by the retirement of Judge Thomas J. Kennon, Jr., effective February 28. Applicants must have been members of the Bar for the past five years, registered voters, and must reside in the Third Circuit upon assuming office. Applications may be obtained from Guy W. Norris, JNC Chair, 253 N.W. Main Blvd., Lake City 32055, phone (386) 752-7240 or from the Bar’s Web site at www.flabar.org. An original and nine copies of the completed application must be received by Norris no later than 2 p.m., January 5. Interviews will be held January 14 in Conference Room A at the Suwannee County Courthouse, in Live Oak. Franjola petitions for reinstatement Pursuant to Rule 3-7.10, George Franjola has petitioned the Florida Supreme Court for Bar reinstatement. Franjola’s suspension was effective August 24, 1998, and was for a period of three years resulting from a felony conviction for possession of cocaine. Any persons having knowledge bearing upon Franjola’s fitness or qualifications to resume the practice of law should contact Jan K. Wichrowski, Chief Branch Disciplinary Counsel, The Florida Bar, 1200 Edgewater Dr., Orlando 32804-6314, phone (407) 425-5424 Rosenthal petitions for reinstatement Pursuant to Rule 3-7.10, Joel N. Rosenthal has petitioned the Florida Supreme Court for Bar reinstatement. Rosenthal’s suspension was effective December 16, 1999, and was for a period of three years resulting from a felony conviction. Any persons having knowledge bearing upon Rosenthal’s fitness or qualifications to resume the practice of law should contact Barnaby Lee Min, Bar Counsel, The Florida Bar, Suite M-100, 444 Brickell Avenue, Miami 33131, telephone (305) 377-4445. Orta applies for Bar readmission Miguel Agustine Orta of Hollywood was disbarred from the practice of law in Florida pursuant to a Supreme Court order of March 6, 1997, for allegations of ethical breaches. Orta has submitted an application for readmission to The Florida Bar. The Florida Board of Bar Examiners will conduct a public hearing on Orta’s application for readmission. All members of the Bar are invited to write to the board regarding their knowledge of Orta, particularly in relation to his character and fitness for readmission to The Florida Bar. If you wish to be notified of the time and place of the hearing, please submit a written request to Eleanor Mitchell Hunter, Executive Director, Florida Board of Bar Examiners, 1891 Eider Court, Tallahassee 32399-1750. Garel applies for Bar readmission Arthur M. Garel of Miami resigned from the practice of law in Florida pursuant to a Supreme Court order of January 1995, under allegations of trust account violations. Garel has submitted an application for readmission to The Florida Bar. The Florida Board of Bar Examiners will conduct a public hearing on Garel’s application for readmission. All members of the Bar are invited to write to the board regarding their knowledge of Garel, particularly in relation to his character and fitness for readmission. If you wish to be notified of the time and place of the hearing, submit a written request to Eleanor Mitchell Hunter, Executive Director, Florida Board of Bar Examiners, 1891 Eider Court, Tallahassee 32399-1750. Avarell applies for Bar readmission Harry James Averell of Gainesville was disbarred from the practice of law in Florida pursuant to a Supreme Court order of March 14, 1996, for misconduct. Averell has submitted an application for readmission to The Florida Bar. The Florida Board of Bar Examiners will conduct a public hearing on Averell’s application for readmission. All members of the Bar are invited to write to the Board of Bar Examiners regarding their knowledge of Averell, particularly in relation to his character and fitness for readmission. If you wish to be notified of the time and place of the hearing, submit a written request to Eleanor Mitchell Hunter, Executive Director, Florida Board of Bar Examiners, 1891 Eider Court, Tallahassee 32399-1750. Comments sought on plain English Standard Jury Instruction 6.2 (g)2 Although the Florida Standard Jury Instructions (Civil) were celebrated as a major step toward simplified instructions when they were first published in 1967, our language and the theories for instructing lay jurors in the law have evolved since their adoption. Many believe that the current instructions should be revised to reflect evolving standards of plain English. Accordingly the Supreme Court Committee on Standard Jury Instructions in Civil Cases is considering a substantial revision of the standard instructions. The committee is concerned that it cannot — or should not — revise these instructions in a piecemeal fashion. The fear is that juries could become even more confused by instructions partially written in an old format and instructions written in a new format. Also, the task of revising the entire set of instructions could be enormous. Our committee recently adopted Florida Standard Jury Instruction 6.2(g)(2), which addresses the apportionment of damages in cases involving injuries from multiple events, as explained in Gross v. Lyons, 763 So. 2d 276 (Fla. 2000). The committee intentionally wrote the instruction to be compatible with the other standard instructions. The current, approved instruction reads: If you find that (claimant) suffered bodily injury caused by the defendant[s], and that thereafter as the result of a subsequent event (claimant) suffered further bodily injury, you should attempt to determine what portion of [her] [his] damages resulted from each event. If you can make that determination, then you should award only those damages caused by the defendant[s]. However, if you cannot make that determination, then you should award all such damages that cannot be apportioned. Notice The committee solicits comments from members of the Bar and other interested parties on the merits of the new proposal. In particular the committee solicits responses as to whether it should proceed with more extensive plain English revisions of the standard instructions. Comments may be sent to Gerry Rose, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300; fax: (850) 561-5817; e-mail: [email protected] The committee has now drafted a proposed plain English version of instruction 6.2(g)2, primarily as a test of whether a plain English revision of all damage instructions in Section VI of the standard instructions should proceed. Our proposed plain English of instruction 6.2(g)2 reads: You have heard that (claimant) may have been injured in two events . If you decide that (claimant) was injured by (defendant) and was later injured in another event, then you should try to separate the damages caused by the two events and award (claimant) money only for those damages caused by (defendant) . However, you may decide that you cannot separate some or all of these damages. You must award (claimant) any damages that you cannot separate as if they were all caused by (defendant) . January 1, 2005 Noticeslast_img