Contents
ST. PETERSBURG BAR ASSOCIATION
Features–––––––––––––––––––––––––––––––––––––––––––––
10 Florida Supreme Court Amends Attorney Advertising Rules– By Ginger Reichl
12 Need a Few Extra CLE Credits This Spring? The St. Pete Bar Can Help! – By Jowita Wysocka
14 Living Her Dream: A Profile of the Honorable Kathleen T. Hessinger, Pinellas County Court Judge – By Jowita Wysocka
16 What Can You Do if You Purchase a Business and Find out Later that a Prior Owner Filed for Bankruptcy? – By Camille J. Iurillo and Gina M. Pellegrino
18 How to Stay Current with the Sixth Circuit and Other Changes in the Legal Field – by D. Gail Barbagalio
20 Heroes Among Us – 2007
22 Judicial Profile of County Court Judge, Edwin B. Jagger – By Christopher J. Kaiser
26 Florida “Apprentice” Trumps Internet Cybersquatter in Domain Name Dispute – By David Roy Ellis
Around the Bar–––––––––––––––––––––––––––––––––––––––––––––
15 Upcoming Probate & Guardianship Meetings at the St. Petersburg Yacht Club
19 Bar & Court News
28 Civil Jury Verdict Reports
34 Young Lawyers Corner
37 Judicial Investitures
In Every Issue–––––––––––––––––––––––––––––––––––––––––––––
4 President’s Message
6 Editor’s Thoughts
8 The St. Petersburg Bar Foundation
24 Rainmaking
30 Paraclete Parent
32 Community Law Program
35 What’s Up and Who’s New
36 Classifieds
St. Petersburg Bar Association
2600 M.L. King Street North, Suite 602
P.O. Box 7538, St. Petersburg, FL 33734-7538
Phone: 727.823.7474 • Fax: 727.823.8166
E-mail: [email protected]
Lawyer Referral Service: 727.821.5450
The mission of the St. Petersburg Bar Association
is to serve the community of St. Petersburg
lawyers and to strengthen and improve the
administration of justice in the St. Petersburg area.
Executive Director
Nora Riva Bergman 727.823.7474
Editor
John V. Tucker 727.572.5000
Paraclete Advertising
JoAnn Knight 727.823.7474
Design & Production
Zapata Design 727.894.7820
Paraclete: The Spirit of Truth March 2007
Editorial Policy: The Paraclete is published for the members
of the St. Petersburg Bar Association. The magazine is published
10 times per year and welcomes submissions for publication.
Publishing and editorial decisions are based on the editors’
judgment of the quality of the writing, the timeliness of the
article, and the potential interest to the readers of the
magazine. From time to time the Paraclete may publish articles
dealing with controversial issues.
The views expressed in the Paraclete are those of the
authors and not necessarily those of the editors, executive
committee or officers of the St. Petersburg Bar Association. No
endorsement of those views should be inferred unless
specifically identified as the official policy of the St. Petersburg
Bar Association.
Advertising copy is reviewed, but publication herein does
not imply endorsement of any product, service or opinion
advertised. Advertising rate cards are available upon request
by calling 727-823-7474 and may be downloaded at
www.stpetebar.com. © 2007 St. Petersburg Bar Association.
www.stpetebar.com Paraclete – March 2007 3
www.stpetebar.com Paraclete – March 2007 54 St. Petersburg Bar Association www.stpetebar.com
President’s MessageBy Lee H. Rightmyer
Professionalism: Remembering Our Roots
his month’s Paraclete cover salutes
Spring Training. Spring Training has
been an important part of our community’s
fabric since 1914 (when the Mayor Al Lang
convinced Branch Rickey to bring the St. Louis
Browns to train in our town). Since that time,
lawyers (and even laymen!) have enjoyed
watching one – sometimes even two – major
league teams train in Downtown St. Pete.
Spring Training has contributed so much to
our local lore. I am aware of a splendid house
on Martin Luther King Street (old Ninth
Street) and two different First Avenue hotels
that claim to have housed Babe Ruth (and I
enjoy stories of the Babe sneaking out
between innings for a beer at the old
“National Bar”). The (Hated) Yankees kept an
unofficial “Clubhouse” in Old Northeast.
When my former law firm’s offices over-
looked Al Lang field, we recognized Doc
Gooden’s distinctive leg kick from the twelfth
floor. And I remember (lawyer) Morris
LeCompte buying a house from a member of
the St. Louis Cardinal organization and writing
into the contract that the seller would include
some of Ozzie Smith’s “baseball stuff” (like
cleats) into the deal.
During the mid-1980s, you could find more
lawyers at a Cardinals game than at some reg-
ularly scheduled Bar meetings. I grew up with
the late Michael Schwartzberg in Toledo. We
would “catch up” every March by Al Lang’s
third base dugout when the Tigers came to
town (and we talk usually after the sixth inning
once the Tigers already were soundly beaten).
St. Petersburg in February and March is about
as good as it gets, and Spring Training probably
contributed to so many players moving to
our area.
Sadly, our Spring Training tradition will soon
end. The Devil Rays have decided that their long
-term interests are best served if Spring Training
is conducted in another part of Florida. Whether
this strengthens the local team or is “the
beginning of the end,” only time will tell.
I am a passionate baseball fan. I held Devil Rays’
season tickets for years and attended over 100
games in the Dome. Still, years of rooting for
both the consistently futile Detroit Tigers and
the usually painful Devil Rays (yes, “futile”
and “painful” • see Fla. Stat. § 90.406) took
an emotional toll. I became ambivalent about
our local Club. If the Rays someday become
competitive, then I’ll regain the passion.
But I digress. How does Spring Training fit in
with the St. Petersburg Bar? Can this column
return to a legal theme? Well, yes. . .
Spring Training is a time to brush up on skills,
maybe learn a new position, and fix some flaws.
Our local Bar participates closely in a parallel
activity – Continuing Legal Education. We offer
a wide range of CLE programs at nominal
expense (and access to the annual Florida
Law update CD from The Florida Bar for free).
We also sell CLE programs in CD or tape form
for reasonable prices. Trust me, if your CLE
deadlines are approaching, you would not be
the first lawyer who satisfied these requirements
by driving for a month listening only to Bar
CLE CDs (“Sshhh . . . quiet kids, they’re about
to explain the Rule Against Perpetuities!”).
The Bar also has a very extensive collection of
(free) tapes/CDs that will supplement your
practice and your life. The St. Petersburg Bar’s
website lists dozens of tapes on topics such as
negotiating skills, organizational techniques,
optimizing personal performance, and
developing a profitable legal practice.
The Bar’s website also provides information
on alternative ways of obtaining CLE credit.
You can obtain credit for giving speeches or
writing articles. Participation at the Inns of
Court programs can result in CLE credit. Our
firm and others arrange for in-house training
program participants to obtain CLE credit.
So take advantage of the St. Petersburg Bar
Association this Spring. Brush up on your
skills and be ready for the rest of your career.
T
www.stpetebar.com Paraclete – March 2007 5
6 St. Petersburg Bar Association www.stpetebar.com
he recent receipt of my CLER Reporting
Affidavit from the Florida Bar was well
-timed with the focus of this issue . . . CLE. It
made me focus on what I have done for CLE
over the past two years. It also reminded me
of a little known fact about Paraclete: You can
get CLE for writing articles for this magazine!
Sit at home with your laptop, write an article,
and BAM! Can CLE credit get any easier?
Of course, you have to fill out the CLE form
which you can download from the Download
Forms page at www.stpetebar.com. But what
could be better than getting CLE credit for an
article on an area of law in which you practice
without having to go to a seminar? Well, free
marketing of course! A little free publicity
among your fellow lawyers and CLE, all
wrapped up into one nice package. Your
Paraclete article does not even have to be on
substantive law. We have had writers get
credit for articles about their life experiences
and the relationship to law they drew from
those experiences.
We look for about 750 to 1250 words of text,
single spaced with no formatting other than
citations in Word format when we solicit
copy for Paraclete. If you just have a case
blurb that you want to tell the legal community
about, it can be shorter. We try to avoid articles
being longer. If you cannot spell, our crack
team of editors will try to catch the errors
that you and the computer spell check let get
by you. We even want you to give us a picture
and a 50 word bio to run at the end of your
article (you know, the shameless self-promotion
you see after each contributor’s work).
As that great man Anonymous once said, “If
you wait for inspiration, you're not a writer,
but a waiter.” So, throw caution to the wind
and drop us an article.
___________________________________________
John Tucker is a Past-President of the St.
Petersburg Bar Association serving his third
term as Editor of Paraclete. He practices in
Feather Sound with Tucker & Ludin, P.A. in
the areas of disability and life insurance,
ERISA, and Social Security Disability. You
can send articles or comments to John at
TBy John V. Tucker
A little known fact
about Paraclete:
You can get CLE for
writing articles for this
magazine!
Sit at home with
your laptop,
write an article, and
BAM! Can CLE credit
get any easier?
Editor’s Thoughts
May 2007 issue.......................copy must be received by Noon, March 15, 2007
June 2007 issue......................... copy must be received by Noon, April 15, 2007
July/August 2007 issue.............. copy must be received by Noon, June 15, 2007
– Copy Received After Deadline Will Run In the Next Edition –
A r t i c l e S u b m i s s i o n s a n d A d v e r t i s i n g D e a d l i n e s
www.stpetebar.com Paraclete – March 2007 7
8 St. Petersburg Bar Association www.stpetebar.com
veryone here seems to be proud to be apart of the legal profession.” That was
the feeling expressed by a non-lawyer whoattended the Heroes Among Us dinner at the DonCeSar on a beautiful Saturday night in January.
Other comments made included, “There was asense of pride; a wonderful collegial atmospherein the profession.” And “The legal professionwas well represented by the chosen heroes. Theirlife stories and the inspiring remarks they madewere motivating.”
In today’s society, where lawyers are portrayedas greedy and impersonal, such words are musicto our ears. The community service provided bymost lawyers is one of our profession’s best-keptsecrets. Well, it’s time to let the cat out of thebag, and that’s just what we did at this year’sHeroes event.
This year marked the third Heroes Among Usdinner, which was started to celebrate and honorthose lawyers who make a difference every day.Past honorees Louie Adcock and the HonorablePam Campbell were also with us this evening.
The Planning Committee Chair Nancy Biesingerand Co-Chair Judy Stanton deserve doublethank you’s for coordinating the evening, alongwith the other Planning Committee members.The elegant four course meal was absolutelydelicious (more than one plate returned to thekitchen totally empty)!
Thanks need also be extended to the HonoraryChair for the evening, Tony Battaligia, foundingpartner of Battaligia, Ross, Dicus and Wein, andto all of our sponsors. Because of the generosityof the sponsors and the people who supportedthe event, the evening was a huge success; ourFoundation will be able to continue its goodworks.
The entertainment for the night was generously
provided by John and Mary K Wilson. Many ofyou will know of the Wilsons’ musical talents,but did you also know that John moonlights asa television anchor on Fox 13 Tampa Bay?!
Mary K kicked things off with a moving rendition of “America the Beautiful.” John laterjoined Mary K in a duet from Phantom of theOpera. They closed the evening with songs ofAmericana, and everyone joined in to sing “GodBless America.” In addition to the musical numbers, John did an outstanding job as theemcee for the evening.
The two honorees this year were St. PetersburgMayor Rick Baker and past president of the St.Petersburg Bar Association Bill Walker. KimberlyGustafson with Carlton Fields, and Brant Baileywith Battaglia, Ross, Dicus and Wein, wroteabout our honorees in the program. You canread their profiles on the Foundation’s web siteat www.stpetebarfoundation.com.
Bill Walker was introduced by his wife, Joanne.Joanne is no stranger to volunteerism herself.They make quite the couple when it comes togiving back to our community. Bill complimentedour local bench and bar several times for theprofessionalism displayed. He attributed hisability to serve as a volunteer to the accommo-dating nature of other lawyers and judges.
St. Petersburg Deputy Mayor Goliath Davisintroduced Mayor Rick Baker. The two of themhave been a team for quite a while, both dedicating themselves to a life of public service.Mayor Baker did not stop at just becoming apublic servant and running the city; he steppedinto the classroom as a mentor and looked forother ways to make our community flourish.
I was proud to announce the endowment of theJudge Paul H. Roney Scholarship during theevening, which will ensure the future fundingof this award. This endowment will honor
Judge Roney’s commitment to the communityand to the education of our youth. Seniors whoplan to continue their education after graduatingfrom high school are eligible to submit an essaybased upon the annual Law Day theme forscholarship consideration. The graduating seniorwho composes the best essay is presented thisscholarship award at the Law Day luncheon ofthe St. Petersburg Bar Association. I invite youto inform any high school seniors you knowabout this award and hope that you can join usat the Law Day luncheon.
Of course, no one would have known of theevent, been greeted at the event, or enjoyed thePowerPoint presentations without the dedicatedand hard work of Kathy Parker, JoAnn Knightand Nora Bergman, the Foundation staff. Theyare truly the “foundation” upon which ourFoundation rests.
A grand time was had by all. On behalf of theFoundation, we truly hope that you will consider joining us again next year!
I welcome any questions or suggestions regard-ing the Foundation. My cell phone number is(727) 644-6010. Please visit the Foundation’sweb site and consider sending in names ofEveryday Heroes. E-mail the information to meat [email protected] or give me a call.
___________________________________________
Jim Thaler currently serves on the Executive
Committee of the St. Petersburg Bar Association
and is past chair of the Solo, Small Firm and
Practice Management Section. He is in private
practice concentrating on Business Law, Estate
Planning and Real Estate. He also is the Associate
Director of Graduate Business Programs, overseeing
the JD/MBA Program at the College of Law, and
a Visiting Assistant Professor at the School of
Business Administration at Stetson University.
By Jim ThalerFoundation President
“EProud to Be a Lawyer
St. Petersburg Bar Foundation
The mission of the St. Petersburg Bar Foundation is to fund, develop and promote effortswhich enhance the legal profession and encourage better public understanding and access to the judicial system.
www.stpetebar.com Paraclete – March 2007 9
10 St. Petersburg Bar Association www.stpetebar.com www.stpetebar.com Paraclete – March 2007 11
s of New Year’s Day, radio and tele-
vision commercials aired by attorneys
in Florida must be approved by The Florida Bar
Association at least 15 days prior to broadcast.
The new requirement, set by the Florida Supreme
Court, was the most significant change adopted
late last year affecting rules governing
advertising by attorneys. That amendment, as
well as others, was recommended to the Court
by The Florida Bar Board of Governors.
Previously, ads could be filed with the Bar on the
same day they aired. Along with the longer lead
time for approval, the fee to have ads reviewed
by The Florida Bar has increased to $150.
As for ad content, there were few substantial
changes to existing standards, though out-of-
state attorneys who wish to advertise in Florida
must now comply with The Florida Bar’s
regulations and review process. There was even
a minor lessening of one Bar mandate. The
well-known disclosure statement, “the hiring
of a lawyer is an important decision that should
not be based solely upon advertisements” is no
longer necessary for print ads. However, the
verbiage must still be included in radio and
televisions spots.
Attorney advertisements are still prohibited
from containing information that could create
unjustified expectations regarding the likeli-
hood of positive outcomes or the quality of a
lawyer’s services. Television ads must not
contain visual elements that are deceptive,
confusing, or manipulative, and may not use
background noise other than instrumental
music. According to the Bar, these rules are
intended to promote attorney advertisements
that inform the public regarding legal services
by providing only useful, factual information,
presented in a restrained and non-sensational
manner that will not create unwarranted
expectations or diminish public confidence in
the legal system.
Meanwhile, the Court deferred ruling on the
issue of attorney website advertising, ordering
further study of the topic. In their comments,
several Court justices favored an in-depth
review to take a broader view of attorney
marketing, including the Internet and phone
directories.
For complete information on attorney
advertising regulations, visit www.floridabar.org
under “Lawyer Regulation,” then “Advertising
Rules.” This site includes a lawyer advertising
handbook as well as examples of complying
and non-complying advertisements and the
procedures for Bar review.
To read the complete Florida Supreme Court
decision “In Re: Amendments to the Rules
Regulating the Florida Bar – Advertising #05-
2194,” visit www.floridasupremecourt.org.
___________________________________________
Ginger Reichl is the president of Pinstripe
Marketing – a full-service agency helping lawyers
navigate their practices into profitable businesses
with effective marketing. A graduate of Florida
State University's prestigious advertising program,
Ginger also serves on the boards of the Tampa
Bay and 4th District American Advertising
Federations, Tampa Bay American Marketing
Association, and is a member of the Junior
League of St. Petersburg.
Florida Supreme Court Amends Attorney Advertising RulesFlorida Supreme Court Amends Attorney Advertising Rules
By Ginger Reichl
A
www.stpetebar.com Paraclete – March 2007 11
12 St. Petersburg Bar Association www.stpetebar.com
ith spring training just around thecorner, it’s an excellent time to
exercise and enhance your legal skills whilepicking up valuable CLE credit. Some may besurprised to learn that attending or listeningto courses is just one of several ways toobtain credit. In addition to attending thediverse courses offered through organizationssuch as the St. Petersburg Bar Association,The Florida Bar allows lawyers to earn creditby participating in law-related programs andactivities such as:
(1) Lecturing at an approved CLE program;
(2) Serving as a workshop leader or panelmember;
(3) Writing and publishing in a professionalpublication or journal;
(4) Teaching graduate law or law schoolcourses; and
(5) Attending graduate law or law schoolcourses.
In light of these alternative sources of CLEcredit, consider sponsoring, co-sponsoring, and/or teaching a CLE program in conjunction withthe St. Pete Bar. The St. Pete Bar will advertisethe program through email and mailings to itsmembers, and the bar office will arrange for avenue. St. Pete Bar members may also coordinate with the Bar to host a luncheonprior to the seminar with a speaker introducingthe topic to be discussed.
The following outlines The Florida Bar’s basicCLE requirements (CLER), along with itsguidelines for obtaining CLE accreditation forcontinuing legal education classes. Additionalresources for CLE credit and CLE sponsorshipare also provided below.
Florida CLER
The Florida Bar requires that all attorneysadmitted to practice in Florida fulfill 30 CLEcredits every three years, five of which are inthe area of ethics, professionalism, substanceabuse, or mental illness awareness. Additionally,newly-admitted lawyers are subject to a BasicSkills Course Requirement (BSCR). Under thisrequirement, attorneys must complete a one-day Practicing with Professionalism program(PWP) sponsored by the Young Lawyers Division(YLD) within one year of admission to theFlorida Bar. New lawyers must also complete
three CLE programs sponsored by the YLDduring their first three years of admission. TheSupreme Court of Florida amended the BSCRin 2005; among other changes, the Courtremoved the exemption for governmentemployees and changed the number of requiredYLD CLE courses from two to three.
CLE Accreditation
Accreditation is available for courses on anarray of subjects, including courses on non-legal subjects that nevertheless enhance lawyerproficiency, as well as law office management,
legal drafting, computer training, stress manage-ment, and self-improvement courses. Once youhave selected a topic and completed an outlineof the program, the bar office will completeand submit the CLE application for you.
Other CLE Sources
Other sources of obtaining CLE credit includelive, online, teleconference, video, and audioversions of courses provided by organizationssuch as the American Bar Association andLaw.com. In addition to attending or partici-pating in a CLE program in association withthe St. Pete Bar, members may qualify for CLEcredit by contributing articles to the Paraclete.
Resources and Contacts
For further information about sponsoringand/or presenting CLE programs through theSt. Pete Bar, as well as submitting articles tothe Paraclete, please contact Nora Bergman [email protected] or 727.823.7474.
For additional information about CLER andcourse sponsorship, please review theMember Services—CLER/BSCR section on theFlorida Bar website at www.floridabar.org orcontact the Legal Specialization andEducation Department of The Florida Bar at850.561.5842.
___________________________________________
Jowita Wysocka ([email protected] is Co-Executive
Director of Ketchcom Development, Inc.
(www.ketchcom.net; 727.823.5809), which
works with lawyers and firms to provide training
and consulting to increase effectiveness, efficiency,
and productivity through written and spoken
communication.
By Jowita Wysocka
Need a Few Extra CLE CreditsThis Spring? The St. Pete Bar Can Help!
Need a Few Extra CLE CreditsThis Spring? The St. Pete Bar Can Help!
W
The Florida Bar requires that
all attorneys admitted to
practice in Florida fulfill 30
CLE credits every three
years, five of which are in
the area of ethics, profes-
sionalism, substance abuse,
or mental illness awareness.
www.stpetebar.com Paraclete – March 2007 13
14 St. Petersburg Bar Association www.stpetebar.com
Living Her Dream: A Profile of the Honorable Kathleen T. Hessinger, Pinellas County Court Judge
Living Her Dream: A Profile of the Honorable Kathleen T. Hessinger, Pinellas County Court Judge
had the opportunity to speak with Judge
Kathleen T. Hessinger recently about her
background, her legal career, and her judicial
experience thus far. I realized almost
immediately that she is a woman with a sense
of purpose, a passion for the law, and the
proclivity to follow through. As early as high
school, a time when most teenagers struggle
to find their own identity and place in the
world, Judge Hessinger knew that she wanted
to become a judge. That dream was her driving
force throughout college and law school, and
she finally fulfilled it on February 4, 2005, when
she was sworn in as Pinellas County Civil Court
Judge in the Sixth Judicial Circuit of Florida.
A native Floridian, Judge Hessinger graduated
from Florida Southern College and moved to
Pinellas County to attend Stetson Law School.
After graduation, she became a prosecutor in
St. Petersburg, where she gained significant
trial experience. Judge Hessinger sharpened
her trial skills further as a plaintiffs’ attorney
in Tampa and later at Harris, Barrett, Mann &
Dew in St. Petersburg, where she practiced
medical malpractice and insurance defense.
Eventually, she and several other attorneys
from Harris, Barrett formed the firm Deacon
& Moulds.
Judge Hessinger has found that the most
rewarding aspect of being a judge is simulta-
neously her greatest challenge: educating
non-lawyers about the legal process. Because
many litigants who appear before her are pro se,
they often lack the legal acumen that attorneys
attain through education and practical
experience. The challenge to Judge Hessinger
is therefore to try to level the playing field by
explaining the law in basic, clear, and neutral
terms to parties not represented by counsel. It
has certainly given her a new appreciation for
what non-lawyer litigants go through in a
legal dispute.
Outside the courtroom, Judge Hessinger makes
time to share her knowledge and experience
by teaching trial advocacy at Stetson as well
as speaking at local high schools. When she is
not wearing her judicial hat (or robe, as it
were), Judge Hessinger spends every possible
moment with her ten-year-old daughter, a
budding equestrian.
I asked Judge Hessinger if she had any words
of wisdom to offer law students and young
attorneys considering a judicial career. She
responded, “Always know that our greatest
gift in [the legal] profession is our reputation.
It’s a small town, so it’s important to keep
your reputation and your integrity to the
highest degree.”
_________________________________________
A former litigator, Jowita Wysocka ([email protected])
currently serves as Co-Executive Director of
Ketchcom Development, Inc. (www.ketchcom.net;
727.823.5809). Working together with law firms
and lawyers, Ketchcom Development provides
training, consulting, and facilitation to increase
the effectiveness, efficiency, and productivity of
written and spoken communication.
By Jowita Wysocka
I
“Always know that our
greatest gift in [the legal]
profession is our
reputation. It’s a small
town, so it’s important to
keep your reputation and
your integrity to the
highest degree.
www.stpetebar.com Paraclete – March 2007 15
Upcoming Probate &Guardianship Meetings at the St. Petersburg Yacht Club
Upcoming Probate & Guardianship Meetings
at the St. Petersburg Yacht Club
Thursday, March 15, 2007 – NOON
SPYC, Waterfront Room
Speaker: Charlie Robinson, Esq.
Topic: Medicaid
Thursday, April 19, 2007 – NOON
SPYC, Quarterdeck Room
Speaker: Ken Burke, Clerk of Court
Topic: Current Events in the Clerk’s Office
Thursday, May 17, 2007 – NOON
SPYC, Quarterdeck Room
Speaker: Karen B. Lopez, Esq.
Practical Considerations of
Ad Litem
The cost to attend is $20.00 for
St. Pete Bar Members & Member Staff and
$30.00 for Non-Member Attorneys and
Non-Member Staff/Guests. RSVP on the St. Pete
Bar calendar at www.stpetebar.com. You can also
send a check to the St. Petersburg Bar Association,
P.O. Box 7538, St. Petersburg, FL 33734-7538.
For more information contact the St. Pete
Bar Office at 727-823-7474 or Probate & Guardianship
Section Chair, James W. Martin, 727-821-0904 or e-mail: [email protected].
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E-Mail: [email protected]
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16 St. Petersburg Bar Association www.stpetebar.com
What Can You Do if You Purchase a Business and Find out Later that a Prior Owner Filed for Bankruptcy?
cenario: Person A sells a business to
Person B. Then Person C buys the
business from Person B, paying the agreed upon
purchase price. Person C takes possession of
the business and begins its operations. A few
months later, Person B tells Person C that prior
to Person C’s purchase of the business, Person
A had filed for bankruptcy. Person C had no
knowledge of Person A’s bankruptcy filing
prior to Person C’s purchase of the business.
If the bankruptcy trustee sues Person C,
asserting that the property purchased by Person
C belonged to Person A’s bankruptcy estate at
the time of the purchase, does Person C have
a defense?
A debtor may be deemed to have fraudulentlytransferred property to a transferee prior tofiling for bankruptcy based on actual fraud orconstructive fraud, if the property was sold forless than fair market value. See, 11 U.S.C. §548(a)(1)(A) and (B). In such a case, the bankruptcy trustee will sue the transferee, ina fraudulent transfer cause of action, in orderto recover the actual property that was transferred to the transferee by the debtor, orthe value of the property. The purpose of thetrustee doing this is to obtain funds to paythe debtor’s creditors. If the trustee recovers theactual property from the transferee, the trusteewill sell the property and distribute the saleproceeds to the debtor’s creditors.
Pursuant to section 549(a) of the BankruptcyCode, a trustee may seek to avoid a transfer ofproperty that belongs to the bankruptcy estate,if the transfer occurs after the commencementof the bankruptcy case and is not authorizedby the Bankruptcy Code or by the court. See,11 U.S.C. § 549(a). However, section 549(c) ofthe Bankruptcy Code sets forth an exceptionto this rule. According to section 549(c), atrustee may not seek to avoid a transfer ofproperty that belongs to the bankruptcyestate if the property is transferred to “a goodfaith purchaser without knowledge of thecommencement of the case and for presentfair equivalent value.” 11 U.S.C. § 549(c); seealso, In re McDonald, 210 B.R. 648, 649-50(Bankr. S.D. Fla. 1997); and In re BerkleyMulti-Units, Inc., 88 B.R. 394, 397-8 (Bankr.M.D. Fla. 1988).
SSubmitted on behalf of the Bankruptcy Section
www.stpetebar.com Paraclete – March 2007 17
By Camille J. Iurillo and Gina M. Pellegrino
The Bankruptcy Code also states that a trustee
may not recover in a lawsuit against “any
immediate or mediate good faith transferee.”
11 U.S.C. § 550(b)(2); see also, In re
Paramount Citrus, Inc., 268 B.R. 620, 626-7
(Bankr. M.D. Fla. 2001); and In re Trauger,
109 B.R. 502, 503-5 (Bankr. M.D. Fla. 1989).
In our scenario, the property was transferred
from Person A to Person B to Person C. Person
B received the property directly from Person
A, who filed for bankruptcy. Person C was a
“good faith transferee” because Person C did
not have knowledge of Person A’s bankruptcy
filing when Person C purchased the business
from Person B and Person C paid Person B
present fair equivalent value for the property.
In conclusion, Person C has a good faith
purchaser defense to the trustee’s lawsuit and
the trustee may not recover the actual property
transferred or the value of the property from
Person C.
___________________________________________
Iurillo & Associates, P.A., located in downtown
St. Petersburg, is comprised of Camille J. Iurillo,
Shareholder, Gina M. Pellegrino, Associate, and
Sabrina C. Beavens, as Of Counsel. Ms. Iurillo
has been active in the St. Petersburg Bar
Association for several years, including her current
position as President-Elect. In addition, she is a
member of the Board of Directors of the St.
Petersburg Bar Foundation and the Chair of The
Florida Bar’s Practice Management and
Development Section. Ms. Pellegrino recently
joined the Firm and is a new member of the St.
Petersburg Bar Association.
The primary areas of practice of Iurillo &
Associates, P.A. are Commercial and Bankruptcy
Litigation and Debtors’/Creditors’ Rights.
18 St. Petersburg Bar Association www.stpetebar.com
By D. Gail Barbagallo
he organizational structure of the Sixth
Judicial Circuit of Florida is as varied as
it is complex. The following offers several
resources and tools to help legal support
specialists, including law firm and court staff,
develop their professional skills and remain
current on judicial appointments, transfers,
and other new developments within the
courts as well as the legal field in general.
One of the most important functions of legal
support specialists in Pinellas and Pasco County
law firms is to be familiar with the courts and
divisions relevant to their supervising attorneys’
areas of practice. Additionally, it is critical
that legal support specialists know the names
of the appropriate judges, clerks, and assistants
as well as the location of each judge’s chambers.
Judges are often transferred to different
divisions in the Sixth Circuit, especially after
elections, so it can be difficult to remain up
to date on their locations and contact infor-
mation. To complicate matters further, judges
who move to another division may either
choose to keep their original offices or move
to another courthouse altogether.
Fortunately, the Sixth Circuit’s website, which
is updated several times a year, provides
accurate contact information, including the
addresses, telephone numbers, and division/
sections to which the judges are assigned. This
information is available at the following link:
http://www.jud6.org/ContactInformation/Jud
gesPhoneNumbers.html.
Judicial assistants, in turn, face their own
professional challenges with regard to
organizational and other changes in the court
system. Unlike a law office, each judicial section
at the Sixth Circuit has its own staff of
personnel who work closely within a specialized
area. Of the many staff positions at the Sixth
Circuit, one of the most versatile and demanding
is that of the judicial assistant, who wears many
hats and often functions as the office manager,
receptionist, and supply officer. Judicial
assistants must therefore be highly adaptable
and well-versed in various areas of law in the
event the judges they support are transferred
to another division. As such, many judicial
assistants supplement their training through
classes at Stetson University or St. Petersburg
College. The Sixth Circuit also offers seminars
and workshops to law firm and court staff
members designed to sharpen their professional
skills, such as navigating the new electronic
filing system that the courts are planning to
implement in the near future.
Networking is another excellent way for law
firm support specialists and judicial assistants
to stay apprised of new developments in the
courts and in the legal field in general.
Organizations such as the St. Petersburg
Association of Legal Support Specialists (SPALSS)
facilitate such networking and help support
specialists remain informed on a variety of
matters in the local legal community, including
any recent changes at the Sixth Circuit.
SPALSS’s monthly meetings and publications
provide professional development and news,
along with an opportunity to share experiences
and perspectives with other legal support
specialists at law firms and local courts. This
October, for example, SPALSS plans to host a
Judicial Assistants’ Appreciation Banquet,
which will allow law firm support staff and
court personnel to meet one another, put faces
to names, and exchange current information.
SPALSS is therefore an exceptional educational
and networking resource for legal support
specialists in our community.
___________________________________________
D. Gail Barbagallo has been a member of the
Florida Association of Legal Support Specialists
(FALSS) and SPALSS since 1990, and was
President of SPALSS in 1995-1996, and 2005-
2006. She is currently the Chairperson for FALSS'
Wills, Trusts and Estates Certification Committee
and SPALSS' Chapter Liaison. Gail obtained her
Paralegal Certification in New Jersey and in
2006 was Board Certified in Wills, Trusts and
Estates thru FALSS. After serving 15 years as a
Judicial Assistant, she is a floater JA with the
Sixth Circuit.
How to Stay Current with the SixthCircuit and Other Changes in theLegal Field
How to Stay Current with the SixthCircuit and Other Changes in theLegal Field
T
One of the most important
functions of legal support
specialists in Pinellas and
Pasco County law firms is
to be familiar with the
courts and divisions
relevant to their
supervising attorneys’
areas of practice.
St. Petersburg Association of Legal Support Specialists
www.stpetebar.com Paraclete – March 2007 19
Bar and Court NewsSPALSS (Legal Support Specialists)The St. Petersburg Association of Legal Support Specialists monthly meetings are generally held the first Tuesday of each month. Meetings are held at Orange BlossomCatering, The next upcoming meeting is:
Tuesday, March 6, 2007 – 5:45 p.m.
Program: Honoring Boss of the Year and Legal Support Specialist of the Year
Location: Orange Blossom Catering
220 4th Street North, St. Petersburg
Reservations are required. Contact Loretta Aldridge for more information at 727-894-0676.
Pinellas County ParalegalsThe Pinellas County Chapter of the Paralegal Association of Florida, Inc., meets on thesecond Monday of each month. The next meeting will be:
Monday, March 12, 2007 - 6:15 p.m.
Speaker: James W. Dodson, Esq.
Topic: Personal Injury Law
Location: Holiday Inn Select
3535 Ulmerton Rd., Clearwater
Paralegals, student paralegals, non-members and attorneys are always welcome. For furtherinformation or to make reservations, please call Cherie Dantzscher at work: 813-289-8800 ore-mail: [email protected] no later than 5 days in advance of the meeting.
CERTIFIED PARALEGAL/CERTIFIED LEGAL ASSISTANT (CP/CLA)™ REVIEW SEMINAR
The Pinellas County Chapter of the Paralegal Association of Florida, Inc. is sponsoring aspecial seminar to prepare paralegals to take the NALA CP/CLA™ Examination. Theseminar hours are 9:00 a.m. to 3:30 p.m., on the following Saturdays: April 7, 14, 21,and 28, 2007. The seminar will be held at the law offices of Ruden McClosky in down-town St. Petersburg. The cost of the seminar $180 and include numerous handouts andpreparation materials. Early registration is encouraged as space is limited. Please contactSandy Brophy, CP, by e-mail at [email protected] or Mary-Lou George, ACP,CFLA, at 727-502-8207 or at [email protected].
Association of Legal Administrators - Suncoast ChapterThe Association of Legal Administrators - Suncoast Chapter meets the secondWednesday of the month. The next meeting is:
Wednesday, March 14, 2007
Speaker: Linda Nijem, Florida Forensic Engineering
Topic: Civil, Auto, Premise and Product Liability
Location: Feather Sound Country Club
2201 Feather Sound Dr., Clearwater, FL
For more information contact Eloise Stinson at 813-228-7755.
20 St. Petersburg Bar Association www.stpetebar.com
The St. Petersburg Bar Foundation Honors the Heroes Among Us
On January 20, at the Don CeSar, the Foundation presented itsthird Heroes Among Us dinner. Over 150 people attended the eventwhich this year recognized Past St. Pete Bar President Bill Walker andSt. Pete Mayor Rick Baker. The event was hosted by John Wilson ofFox 13 News and his wife Mary K. Foundation President Jim Thaleralso announced the endowment of the Judge Paul H. RoneyScholarship.
Thank you to the Sponsors of Heroes Among Us 2007!$2,500 Gold Sponsors
• BB&T
• Battaglia, Ross, Dicus & Wein, P.A.
• Fisher & Sauls, P.A.
• Raymond James Trust- Private Wealth Management
• Thaler Law Firm, P.A.
• Wachovia Trust
$1,000 Silver Sponsors
• Abbey, Adams, Byelick, Kiernan, Mueller & Lancasater, L.L.P.
• Pam & George Campbell
• Iurillo & Associates, P.A.
• St. Petersburg Downtown Partnership
• The Sembler Company
• Judy Stanton
• Sweetbay Supermarket
• Tucker & Ludin, P.A.
www.stpetebar.com Paraclete – March 2007 21
$500 Bronze Sponsors
• Attorneys Title Insurance Fund
• Decker Beeler, P.A.
• Echelon Real Estate Services
• Freedom Bank
• LandAmerica
• Menorah Manor
• Stewart Title of Pinellas &Stewart Title Guaranty Company
Special Thanks To• Bayprint
• Best Evidence
• David’s Florals of Jess Jewelers
• InTouch Legal, Inc.
hen Governor Jeb Bush appoint-
ed Edwin Bryant Jagger to the
Pinellas County Bench in October of 2005, he
appointed a man whose family already
demonstrated a commitment to the legal pro-
fession, public service, to fairness and the rule
of law. Judge Jagger is the son of the former
long-time Public Defender, Robert E. Jagger.
In addition, his older brother, Robert F.
Jagger, is a lawyer who worked for the
Pinellas County Attorney’s Office and
presently practices law with his wife in
Jacksonville, Florida. Also, Judge Jagger is
married to a lawyer, Melissa Jagger, who grad-
uated at the top of her class at Stetson and is
presently employed by the Guardian Ad
Litem’s Office. Furthermore, Melissa’s late
father, Sal Passafiume, was a well-respected
real estate lawyer in Pinellas County.
Judge Jagger grew up in North Redington Beach,
Florida and graduated from Boca Ciega High
School. He attended Western Carolina University
on a tennis scholarship and graduated with a
BSBA in business law. He began his legal career
as a college summer intern for Judge Susan
Schaeffer. While attending Stetson Law School,
he clerked for his mentor, Anthony S. Battaglia.
After graduating from Stetson, he received his
LL.M. in Taxation from the University of
Miami School of Law, and thereafter accepted
an associate position with the St. Petersburg
law firm of Battaglia, Ross, Dicus and Wein, P.A.
Judge Jagger’s father had an education and
career policy for his children: choose any
career you want AFTER you graduate from law
school. While in college, Judge Jagger thought
he was headed for a business career. However,
he went a step further than his father required
by obtaining his second law degree, and ended
up in the private practice of law with a firm
known for its litigation practice. Judge Jagger
started out in commercial litigation with the
Battaglia, Ross, law firm. In 1996, he was
named as a partner and was asked to Chair the
firm’s department relating to the administration
and litigation of issues in tax, probate, estate,
trust, and guardianships, a position he held
for 10 years until his appointment. Shortly
before leaving private practice, he received
his AV rating from Martindale Hubbell.
Currently, Judge Jagger serves on the boards
of the Western Carolina University Alumni
Association and the Youth Tennis Foundation
of Florida. After law school, he continued to
play competitive tennis. He obtained top five
state rankings in both the 25 and 35-age
divisions. He also achieved a national ranking
in the 35-age division and played for several
teams that competed nationally. The Judge
continues to play regularly today and also
spends several days a week in the gym. Further
life on the tennis court should contribute to
keeping him physically fit to withstand the
rigors and pressures placed on a jurist in the
court of law.
By Brant A. Bailey
Judicial Profile of County CourtJudge Edwin B. Jagger
W
Judge Jagger believes
that a Judge should be
honest, a good listener,
familiar with the law and
fair to the litigants.
Judge Jagger is humble,
courteous and unassuming.
These characteristics,
added to his stated
philosophies, should
assure those who
appear before him
that they will be treated
fairly and courteously.
22 St. Petersburg Bar Association www.stpetebar.com
www.stpetebar.com Paraclete – March 2007 23
Judge Jagger is a devoted husband and father.
He disagrees with the assumption that it is
especially difficult for two lawyers to stay
happily married. On the contrary, he believes
that their common training and experience
aids the communication and understanding
required in a marriage. Judge Jagger and his
wife live in Seminole with their two young
sons, Jacob (6) and Blake (3), and dog “Duke.”
They also enjoy spending time at the family
mountain home in the western part of North
Carolina.
Judge Jagger believes that a Judge should be
honest, a good listener, familiar with the law,
and fair to the litigants. Judge Jagger is humble,
courteous and unassuming. These characteristics,
added to his stated philosophies, should assure
those who appear before him that they will
be treated fairly and courteously.
___________________________________________
Brant Bailey has practiced in St. Petersburg
since 1985. He received his J.D. from
Cumberland School of Law and an L.L.M. in
taxation from Washington University School of
Law. Brant leads the Wills, Trusts, Estate
Planning and Probate Department at
Battaglia, Ross, Dicus and Wein, P.A. He also
represents clients who are interested in
Adoption.
24 St. Petersburg Bar Association www.stpetebar.com
s a marketing advisor and coach, onequestion I constantly grapple with
is this: how can good lawyers become greatmarketers? Driven to distraction by constantinterruptions, difficult staffing issues anddemanding clients, most attorneys don’t takethe time to do what it takes.
Many of our attorney clients are actually verygood at marketing when placed in the right situations. It’s getting them there that’s theproblem. Making phone calls with contacts ofteninvolves a lot of phone tag, calendaring clientdevelopment events takes time, and planningthe basic logistics of marketing is distracting.As a rule, attorneys aren’t very good at the initiation phase of marketing.
At Atticus, we believe this phase is essential –without someone to initiate and organizethese steps, most marketing efforts will neverget off the ground.
“If you aren’t successful in setting up lunches,dinners and meetings with referral sources,your client development efforts aren’t goingto be very strategic,” says Shawn McNalis, oneof our practice advisors, “If you’re not meetingwith the right people, then you’re relying onnothing more than happenstance to promoteyour practice. Happenstance will take youonly so far. We advise our clients to take amore proactive approach.”
Large firms can rely upon marketing directorsto deal with client development. But whatdoes the small firm practitioner do?
Enter the Marketing Assistant. When Atticusclient Mark Chinn, an attorney from Jackson,Mississippi, had difficulty marketing himself,he sought change. That change came to himin the form of a young college student studying marketing at a local junior college.
For a number of months, Chinn had been
listening to me promote the idea of leveraging
himself by hiring a marketing assistant. Though
his new assistant had little experience, Chinn
immediately noticed the difference that hiring
a marketing assistant made to his practice.
Every morning, armed with a list of contacts,
she and Chinn would have a short meeting
to strategize, set up lunches, and plan client
development events. They also focused on
placing articles about his firm in both local
and statewide newspapers.
To accomplish this last task, they compiled a
list of publications and set up the list as an
e-mail group in their database system.
Consequently, whenever something news-
worthy happened in Chinn’s office – a new
promotion, a new award – his marketing
assistant could automatically distribute the
news to the state or local press.
“She was so ambitious and proficient. Any
assignment I gave her came back to me ten
fold,” Chinn explained.
Rick Law, an estate-planning attorney in
Aurora, Illinois, also found it time-consuming
to market his practice to prospective referral
sources. To overcome this obstacle, he hired a
marketing assistant, Jonathan Johnson, who
instantly impressed Law with his initiative and
drive. Formerly a manager at a title insurance
company, Johnson used his background in
sales to assist Law in his marketing efforts.
Since hiring Johnson, Law’s marketing effortshave been revitalized. “Attorneys can tend tobe a little . . . prickly or porcupiny in our attitudes,” Law admits. “With my marketingassistant, there was a complete lack of that. Itwas very refreshing to me to see this outsider
help implement some of my ideas, but also bringfresh new ideas for marketing my practice.”
Recently, inspired by one of the other AtticusRainmaker participants, Johnson created anevent for Rick Law’s top referral sources. Similarto a Spanish tappas dinner, the evening’s menufeatured many small dishes instead of onemain course. “It was different, but the ideawas received quite well. We limited it to ourtop referral sources, which fit perfectly withour clientele – mostly caregivers and nursinghome professionals. Without my marketingassistant, this event would never have gottenoff the ground,” Law said.
To leverage your marketing efforts by workingwith a marketing assistant, consider delegatinga number of different client developmentactivities:
• Schedule lunch/breakfast marketing meetings
• Manage your database of clients and referralsources
• Plan and manage parties, seminars and othergroup events
• Build and manage a TOMA program – newsletter, email, birthday list
• Assist in preparation for speaking engagements
• Prompt you to write thank you notes
• Deliver gifts and buy tickets for your referralsources
• Prompt you into action when you stop marketing
There are several different ways for smallfirms to employ a marketing assistant. For $8to $15 per hour, depending on your location,you can hire someone to work for you parttime, such as Mark Chinn’s college student. Ifyou require more support, hire someone full-
RAINMAKINGThe Marketing Assistant -
What Do Great Marketers Know That You Don’t?
By Mark Powers
A
www.stpetebar.com Paraclete – March 2007 25
time, as Rick Law did, or draft one of yourexisting staff members to help. This lastoption is the most popular among my clients,but I’m particularly fond of contracting withvirtual marketing assistants. Consider thisoption if you have limited office space or arenot interested in hiring another employee.Since virtual marketing assistants work fromtheir homes or remote office locations, a lawfirm doesn’t have to free up office space orinclude them on the payroll. The firm canspecify how much time they need on a weekly,monthly, or per project basis. Virtual marketingassistants are paid $20 and $45 per hour,depending on their qualifications. I currentlywork with several virtual assistants who willwork as little as 10 hours, or upwards of 80hours per month, depending on my need fortheir services.
No matter how you set it up, this is an idea thatworks. We have identified the 21 most importantMarketing Assets that a rainmaker must acquireto be successful, and I rate having a marketingassistant third overall in effectiveness.
In the words of Rick Law, “If you work withyour marketing assistant to plan two or threemarketing contacts a week, by the end of ayear you’ll have made a hundred to a hundredand fifty marketing contacts. If that manymarketing contacts a year won’t stimulate newbusiness, nothing will!” I couldn’t agree more. Ifyou are too busy to initiate client developmentactivities, don’t despair – delegate.
Quick Tips:
• Hire an intern – preferably a college student with some experience in marketing– to rejuvenate your practice.
• Meet with your new assistant frequently with several projects – it will be his or her jobto “lighten your load” and help you marketyour practice.
• “Newspapers are the single greatest source of public relations.” Study the content fillingthe pages of your local newspaper. Make contacts with the staff of the local paper, and regularly submit newsworthy articles to them.
• Have your marketing assistant organize an event for your top referral sources. Determine your top referral sources by listingall of your files ranked by fees – from highestto lowest – for the last year. Read through the list and attribute each case to a referral source. This exercise will point you to your top referrers.
___________________________________________
Mark Powers is the President of Atticus, Inc. and
a regular contributor to the Paraclete. Mark co-
authored "The Making of a Rainmaker: An
Ethical Approach to Marketing for Solo and Small
Firm Practitioners" and founded Rainmakers™, a
simple process for attorneys at all levels to stay
focused on marketing, creating fresh ideas, and
on-going accountability to marketing. To learn
more about Atticus or Rainmakers™, please visit
the Atticus website at www.atticusonline.com or
contact the Atticus office at 352-383-0490.
Want To Expand YourClient Base?
Call the
Lawyer Referral Serviceof the
St. Petersburg Bar
Association
at
823-7474for information
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Staffing Woes?
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member law offices.
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26 St. Petersburg Bar Association www.stpetebar.com
or those of you who watch “The
Apprentice,” Donald Trump’s television
reality show, you may remember that Kendra
Todd was the winning candidate in the show’s
third season, the first successful woman
contestant and the first from Florida. As an
instant television celebrity, Kendra’s name
immediately became a valuable commodity,
and sure enough, someone came along trying
to make a few bucks at her expense.
One of Kendra’s former associates in the real
estate business, Leo Miller, bought the domain
name kendratodd.com, just before she was
scheduled to appear on the show, when it
looked like a domain name with a contestant’s
name in it might prove valuable. The two
had had a business conflict, and Miller
thought that he could extract money from
her by holding the domain name hostage. He
demanded that she pay him $30,000 and
threatened that if she did not pay him, he
would “use the website to generate business
and recoup his “losses.”
After Kendra’s lawyer sent Miller a cease and
desist letter, he posted a variety of false,
disparaging, and defamatory statements on
the website, including one that said, “Kendra
Todd, now appearing on NBC’s ‘The Apprentice’
has been named in a lawsuit filed by Leo
Miller.” The statement was completely false,
and the Respondent never filed a lawsuit.
After further unsuccessful attempts to obtain
rights to the domain name, Kendra brought a
complaint under the Uniform Dispute
Resolution Policy (UDRP), a dispute policy
implemented by ICANN, the Internet
Corporation for Assigned Names and Numbers,
the entity that provides technical coordination
for the Internet, including the assignment of
Internet domain names.
Under the UDRP, when a complaint is filed
against the owner of a domain name, the owner
must submit to a mandatory administrative
proceeding conducted before a dispute
resolution service provider approved by ICANN.
Among these are the World Intellectual Property
Organization (WIPO) and the National
Arbitration Forum.
Under the UDRP, a complainant may assert a
cause of action against a domain name holder if
(1) the domain name is identical or confusingly
similar to a trademark or service mark in which
the complainant has rights; (2) the domain
name holder has no rights or legitimate interest
with respect to the domain name; and (3) the
domain name has been registered and is being
used in bad faith. In the dispute resolution
proceeding, the complainant must prove all
three elements.
The panel considers several elements to be
evidence of bad faith registration and use of a
domain name, including (1) whether the
domain name holder has registered or acquired
a domain name primarily for the purpose of
By David Roy Ellis
Florida “Apprentice” TrumpsInternet Cybersquatter inDomain Name Dispute
Florida “Apprentice” TrumpsInternet Cybersquatter inDomain Name Dispute
F
Who steals my purse
steals trash,
But he that filches from me
my good name
Robs me of that which
not enriches him,
And makes me poor
indeed.
Shakespeare’s Othello.
Act III, Scene 3.
www.stpetebar.com Paraclete – March 2007 27
selling, renting or otherwise transferring the
domain name registration to the complainant;
(2) registering the domain name to prevent
the owner of a trademark from registering the
domain name; (3) registering the domain
name primarily for the purpose of disrupting
the business of a competitor; or (4) using the
domain name to intentionally attract for
commercial gain Internet users to a website
or other online location by creating a likeli-
hood of confusion. If the panel finds one of
more of these elements, it may order the
transfer of the domain name.
Kendra’s case was submitted to the National
Arbitration Forum (NAF) for adjudication by
a single panelist in the summer of 2006, and
he ruled in her favor. The arbitrator agreed that
Kendra had established trademark rights in her
name through a state trademark registration,
a federal trademark application, and because
the mark was her personal name. Under the
UDRP, celebrities may have sufficient proprietary
rights in their names due to their fame and the
association of their names with their personas.
Thus, entertainers like Julia Roberts, Mick
Jagger, and Kevin Spacey have won domain
dispute cases because they had established
sufficient secondary associations in their names
to acquire common law trademark rights, and
Kendra had achieved a similar kind of fame
through her appearances on “The Apprentice.”
The arbitrator also found that Miller had used
the website to display false information about
Kendra and had attempted to use the domain
name as leverage in attempting to collect money
from Kendra and sell her the domain name.
He ruled that Miller was not using the domain
name for a bona fide offering of goods or
services or for a legitimate noncommercial or
fair use. He also found that Miller registered
the domain name to create confusion as to
the source and affiliation with Kendra and
that such use of the domain name constituted
bad faith registration and use.
The arbitrator therefore ruled that all three
elements required under the UDRP were
satisfied, and that the kendratodd.com domain
name had to be transferred from Miller to
Kendra. Shortly afterwards, the registrar
transferred the domain name to Kendra and
she had the full use of the domain name that
carried her name.
Copyright © 2006 David R. EllisAll rights reserved
___________________________________________
David Ellis is a Largo attorney practicing
copyrights, trademarks, patents, trade secrets,
and intellectual property law; computer and
cyberspace law; business, entertainment and
arts law; and franchise, licensing and contract
law. A graduate of M.I.T. and Harvard Law
School, he is a registered patent attorney and
the author of the book, A Computer Law
Primer. He has taught Intellectual Property
and Computer Law as an Adjunct Professor at
the Law Schools of the University of Florida
and Stetson University.
Please direct comments to
http://www.lawyers.com/davidrellis
Judicial InvestituresFriday, March 9, 2007, 4:00 p.m.
Judge Shawn Crane
Judge Pat Siracusa
Criminal Justice Center, Courtroom One
14250 49th Street North, Clearwater, FL
Civil Jury Verdict ReportsBOBBY and JEANNE WHITE. vs. AUTO OWNERS INSURANCE CO.
Case no. 03-9700-CI-8
Presiding Judge: Honorable Frank Quesada
For the Plaintiff(s): Brian Johnson, Esq.
For the Defendant(s): Gregory Jones, Esq.
Action for insurance coverage for personal injuries (neck) due to alleged auto negligence
Verdict: For Defendant on issue of liability
__________________________________________________________________
PLATINUM VAULT, INC. vs. ESSENTIAL EXECUTIVE, JAMESHARTLEY and REH SOUTH V, INC.
Case no. 98-7815-CI-13
Presiding Judge: Honorable Mark Shames
For the Plaintiff(s): David J. Sockol, Jr. Esq.
For the Defendant(s): Emory Wood, Esq.
Action for civil theft, breach of contract following landlord tenant disputethat included a dispute over retained personal property, and also includingan unjust enrichment claim for improvements to the real property
Verdict: For the Plaintiff in the amount of approximately $76,668.00for unjust enrichment as to the improvements and $97,923 as to thecivil theft of personal property.
__________________________________________________________________
PAMELA BAHR vs. BAY AREA WOMEN’S CARE
Case no. 03-0555-CI-19
Presiding Judge: Honorable Amy Williams
For the Plaintiff(s): John Shipley, Esq.
For the Defendant(s): Kenneth Deacon, Esq.,
Action for personal injuries (brain damage to child) due to alleged medicalmalpractice in delivery
Verdict: For Defendant
__________________________________________________________________
BRENDA and CARL STATON vs. ALLSTATE INSURANCE CO.
Case no. 05-2669-CI-19
Presiding Judge: Honorable Mark Shames
For the Plaintiff(s): Derek Reams, Esq.
For the Defendant(s): Troy McRitchie, Esq.,
Action for U/M coverage for personal injuries (cervical and lumbar disk herniation)
Verdict: For Defendant
__________________________________________________________________
ROBERT HERMAN vs. ETHEL CHRISTENSEN
Case no. 05-0231-CI-8
Presiding Judge: Honorable Frank Quesada
For the Plaintiff(s): Frank Currie, Esq.
For the Defendant(s): T.R. Unice, Esq.
Action for personal injuries (low back) due to alleged auto negligence
Verdict: For Plaintiff in the amount of approximately $52,000
__________________________________________________________________
ESTATE OF WOLF etc. et al. vs. THOMAS M. MIXA, M.D.
Case no. 02-2963-CI-19
Presiding Judge: Honorable Amy Williams
For the Plaintiff(s): David Kesler, Esq.
For the Defendant(s): James B. Thompson, Esq. and Andrea Antolik, Esq.
Action for personal injuries (leg amputation) due to alleged medical mal-practice in failure to properly treat diabetes
Verdict: For Defendant
__________________________________________________________________
KEVIN JOHNSON vs. TACO BELL OF AMERICA, INC.
Case no. 04-3264-CI-19
Presiding Judge: Honorable Amy Williams
For the Plaintiff(s): D. Lee Pitisci, Esq.
For the Defendant(s): Rick Mattson, Esq.
Action for personal injuries due to slip and fall
Verdict: For Plaintiff in the amount of approximately $500.00
__________________________________________________________________
JOY LUSTIG vs. ALLSTATE INSURANCE CO.
Case no. 05-6949-CI-11
Presiding Judge: Honorable Frank Quesada
For the Plaintiff(s): Frank Currie, Esq.
For the Defendant(s): William K. Bennett, Esq.
Action for u/m insurance coverage for personal injuries (torn ligament inknee) due to alleged auto negligence
Verdict: For Defendant
__________________________________________________________________
WILLIAM and MARGIE HART vs. PHILLIP MORNEAU
Case no. 04-1219-CI-8
Presiding Judge: Honorable Frank Quesada
For the Plaintiff(s): Todd Seidon, Esq.
For the Defendant(s): Bruce Austin, Esq.
28 St. Petersburg Bar Association www.stpetebar.com
St. Petersburg August, September and November 2006
Action for personal injuries (cervical disk herniation) due to alleged autonegligence
Verdict: For Plaintiff in the amount of approximately $20,000 formedical expenses
_________________________________________________________________
HARRIET HITCHCOX vs. FLORIDA FARM BUREAU INSURANCE CO.
Case no. 03-4544-CI-8
Presiding Judge: Honorable Frank Quesada
For the Plaintiff(s): Paul Castagliola, Esq.
For the Defendant(s): Robert Stoler, Esq.
Action for u/m insurance coverage for personal injuries (bladder, surgeryrequired) due to alleged auto negligence
Verdict: For Plaintiff in the amount of approximately $7,800.
_________________________________________________________________
SHANTELE DIXON vs. ALLSTATE INSURANCE CO.
Case no. 05-8046-CI-8
Presiding Judge: Honorable Frank Quesada
For the Plaintiff(s): Joseph Chambers, Esq.
For the Defendant(s): Johnathon Brereton-Hubbard, Esq.
Action for u/m insurance coverage for personal injuries (soft tissue, back)due to alleged auto negligence
Verdict: For Plaintiff in the amount of approximately $3,000.
_________________________________________________________________
ANGELICA CAMILLO vs. STATE FARM MUTUAL
Case no. 03-6156-CI-11
Presiding Judge: Honorable Walt Logan
For the Plaintiff(s): Joel Yanchuck, Esq. and Angela Zervos, Esq.
For the Defendant(s): J. Emory Wood, Esq.
Action for u/m insurance coverage for personal injuries (herniated cervicaldisk) due to alleged auto negligence
Verdict: For Plaintiff in the amount of approximately $617,000, withno comparative negligence.
_________________________________________________________________
RED BEAR CLOTHING, INC. vs. KIDDER AND SONS ROFFING, INC.
Case no. 04-8803-CI-19
Presiding Judge: Honorable Amy Williams
For the Plaintiff(s): Walter Smith Esq.
For the Defendant(s): Thomas Valdez, Esq. and Peter Molinelli, Esq.
Action for civil theft, breach of contract
Verdict: For the Plaintiff in the amount of approximately
_________________________________________________________________
DALE WILLIAMS vs. STATE FARM MUTUAL
Case no. 03-4767-SC-045
Presiding Judge: Honorable Walt Fullerton
For the Plaintiff(s): Daniel J. Leeper, Esq.
For the Defendant(s): Robert H. Oxendine, Esq.
Action for PIP insurance coverage for medical expenses (orthopedic chairand pillow) due to alleged auto negligence
Verdict: For Plaintiff in the amount of $1,694.00, the amount of theclaim.
_________________________________________________________________
DANA IBBITSON vs. STATE FARM MUTUAL
Case no. 05-665-SC-046
Presiding Judge: Honorable Henry Andringa
For the Plaintiff(s): Jeff Chambers, Esq.
For the Defendant(s): Jennifer Mandelbaum, Esq.
Action for PIP insurance coverage for chiropractic treatment for personalinjuries (soft tissue) due to alleged auto negligence
Verdict: For Plaintiff in the amount of approximately $908.00, theamount of the claim.
_________________________________________________________________
RED BEAR CLOTHING, INC. vs. KIDDER AND SONS ROOFING, INC.
Case no. 04-8803-CI-19
Presiding Judge: Honorable Amy Williams
For the Plaintiff(s): Walter Smith, Esq.
For the Defendant(s): Thomas Valdez, Esq. and Peter Molinelli, Esq.,
Action for damage to business due to alleged negligent roof work
Verdict: For Plaintiff in the amount of $300,000, reduced by 50%comparative negligence
_________________________________________________________________
BARRY and RENEE SOSBY vs. GERHARD ZIMMERMAN
Case no. 03-6401-CI-19
Presiding Judge: Honorable Amy Williams
For the Plaintiff(s): Alan Watson, Esq.
For the Defendant(s): Evelio Garcia, Esq.,
Action for personal injuries (cervical disk herniation on husband, thorassicdisk herniation on wife) due to alleged auto negligence
Verdict: For Plaintiff in the approximate amounts of $165,000 forthe husband and $92,000 for the wife
_________________________________________________________________
www.stpetebar.com Paraclete – March 2007 29
30 St. Petersburg Bar Association www.stpetebar.com
In honor of St. Patrick’s Day, and with a nod toward those members in my ancestral tree who hailed from the Emerald Isle, I offer some tradi-tional Irish and Gaelic sayings, blessings, toasts, and proverbs:
"May the sons of your daughters smile up in your face." •
“You've got to do your own growing, no matter how tall your grandfather was.” •
“May there be a generation of children on the children of your children.”•
“Praise the young and they will blossom.”•
"Children begin by loving their parents. After a time they judge them. Rarely, if ever, do they forgive them."•
“If you don’t sow in spring, you won’t reap in autumn.” Translation: “What you learn while young will help when old.”•
“Little pigs have big ears.” Translation: “Children hear more than you think.”•
“As the big hound is, so will the pup be.” Translation: “Children learn from their parents.”•
“To the black crow its offspring is bright.” Translation: “All children are wonderful.”•
A Gaelic Christening BlessingBless this child and bless this day
Of new beginningsSmile upon this child
And surround this childWith the soft mantle of your love.
Teach this child to follow in your footsteps,And to live life in the ways ofLove, faith, hope and charity.
•“May you get all your wishes but one so you always have something to strive for.”
•“It's easy to be pleasant when life flows by like a song. But the man worth while is the one who can smilewhen everything goes dead wrong.”
•“Everyone is nice till the cow gets into the garden”
•May your day be touched by a bit of Irish luck, brightened by a song in your heart,
and warmed by the smiles of the people you love. Happy St. Patrick’s Day!
Gay Inskeep is the Trial Courts Administrator in the Sixth Judicial Circuit. She visited Romania in November 2006 as part of a team which included CircuitJudge Irene H. Sullivan, Dr. Cindy Zarling of the Sixth Circuit’s Behavioral Evaluation Program, and Jane Harper, Executive Director of Family Resources. The
team was invited to Romania by Bruce Thomas, the Executive Director of Livada Orphan Care, a non-profit foundation serving children in orphan care inRomania. Besides touring the institutions and group homes, they spent a week visiting courthouses, universities, law schools, county officials, child protectionworkers, and local bar associations speaking about the circuit’s Unified Family Court, as well as discussing the adoption process, the foster care system in
Florida, and various resources available to children in our community.
By Gay L. Inskeep
MEDIATION & ARBITRATIONDALAN & KATZ, P.L.
Attorneys at Law* Rick Dalan & Jeffrey M. Katz
• *Board Certified Civil Trial Lawyer• Certified Circuit Civil Court
Mediator• *Certified Federal Court Mediator
Middle District• AV Rated
• Personal Injury Litigation• Coverage Litigation• Medical Malpractice• Wrongful Death• Products Liability• Construction Litigation• Commercial Litigation• Discrimination Claims• First Party Insurance Claims
• Insurance Defense• Plaintiff Personal Injury• Premises Liability Claims• Coverage Litigation• Products Liability Claims• Wrongful Death Claims• UM Claims• Auto Negligence Claims• Construction Litigation• First Party Claims
2633 McCormick Drive, Suite 101Clearwater, Florida 33759
Phone: (727) 796-1000 or (800) 538-4173Facsimile: (727) 797-2200
Experienced in:Mediation Services for:Certifications:
www.stpetebar.com Paraclete – March 2007 31
St. Petersburg Bar Association March Membership Meeting
The St. Pete Bar WelcomesMayor Rick Baker
Friday, March 9, 2007
Mirror Lake Lyceum
737 Third Ave. North, St. Pete
11:45 a.m. Registration
Buffet opens at Noon
Mediation and ADR: From "Alternative" to "Mainstream”
March 9, 2007 ~ 1:15 to 5:15 p.m.Immediately following the St. Pete BarMembership LuncheonMirror Lake Lyceum737 Third Avenue North, St. Petersburg
4 Hours CLE - including 1 hour of Ethics, applied for.
See the flyer in this issue or register online at www.stpetebar.com
See the flyer in this issue or register online at www.stpetebar.com
ATTENTION MEDIATORS!This course is eligible for up to 4 CME hours.
32 St. Petersburg Bar Association www.stpetebar.com www.stpetebar.com Paraclete – March 2007 33
I am pleased to announce a new and exciting
collaboration between the Community Law
Program and CASA, Inc. that is sure to increase
access to the civil judicial system for hundreds
of local survivors of domestic violence. CASA,
Inc. is a local non-profit organization, whose
mission is to advocate for social change by
providing community education, outreach
support, crisis intervention, and safe environ-
ments for survivors of domestic violence and
their children. Since 1977, CASA has been
fulfilling this mission for thousands in the
community.
Although certainly not all survivors of domestic
violence are poor, poverty perpetuates abuse,
and poverty impedes equal access to justice.
Therefore, in order for the Community Law
Program to fulfill its mission of ensuring equal
access to justice by providing free legal services
to low-income residents of southern Pinellas
County, we needed to find additional resources
to serve more survivors of domestic violence,
so that these individuals would not have to
remain in an abusive situation because they
could not afford representation. CASA, Inc.,
which provides a holistic approach to the
prevention of domestic violence, but which
still needed help fulfilling the legal advocacy
component of its mission, was the perfect
organization with which to collaborate to fur-
ther our joint goals.
This new project is made possible due to the
passage of the Florida Access to Civil Legal
Assistance Act, which took effect July 1, 2006.
See Fla. Stat. § 68.094 et. Seq. (2006 Supp).
This new law provides statewide funding to
legal services organizations to secure legal rights
of eligible clients in certain substantive areas
of the law, including family law and domestic
violence. This new funding, which comes
from a subgrant agreement from the Department
of Community Affairs to The Florida Bar
Foundation, is being used by Community Law
Program to employ a part-time attorney dedicated
to providing direct legal assistance to income
eligible domestic violence survivors.
The unique aspect about this project is that
the part-time attorney is physically housed at
CASA, Inc., thanks to the generosity of Linda
Osmundson, Executive Director of CASA, Inc.
and its staff, who are donating space and other
in-kind resources to us. By virtue of this
arrangement, domestic violence survivors will
have convenient and on-site access to free legal
assistance in a familiar and accepting
environment. This method of service delivery
has been one of Community Law Program’s
hallmarks within the community through the
years. For years, Community Law Program has
relied upon the generosity of private attorneys
to staff free legal advice clinics throughout
the community that target specific undeserved
populations, such as intercity residents at the
James B. Sanderlin Family Service Center, the
homeless at St. Vincent DePaul Soup Kitchen,
and the elderly at the Sunshine Senior Center.
By Kimberly Rodgers, Executive Director
CommunityLawProgram
The Community Law Program, Inc. is a non-profit corporation formed in 1989 by members of the St. PetersburgBar Association concerned about the civil legal needs of low income residents ofSouthern Pinellas County, Florida. Over the years, the CLP has recruited a panelof approximately 400 St. Petersburg area attorneys who provide free assistance to thousands of people in need of civil legal assistance each year.To volunteer for pro bono service, contact the Community Law Program at 727-582-7480.
Making a Difference in the Lives of Domestic Violence Survivors
CASA
www.stpetebar.com Paraclete – March 2007 33
This project goes one step further in that
domestic violence survivors who fall within
the project’s priorities will receive full-blown
legal representation from Community Law
Program staff. Since, however, we presently
only have a part-time attorney to provide direct
representation, the need for private attorneys
willing to represent domestic violence survivors
pro bono in family law cases still remains.
We were extremely fortunate to hire Donna
Lonsberry to fill this important new position
at Community Law Program. Donna will
introduce herself to you in next month’s column.
Suffice it to say, however, that she has already
made such a tremendous difference in the lives
of the clients she has helped and is already
helping me identify ways in which we can
educate those survivors whom we may never
personally meet. Along with Donna, I am
pleased that our Clinic Coordinator, Elizabeth
Porcelli, who left some time ago, has returned
to the CLP family.
For years, Gulfcoast Legal Services has provided
direct legal services to domestic violence
survivors throughout Pinellas County and in
Sarasota and Manatee Counties. Community
Law Program’s collaboration with CASA is not
intended in any way to compete with or
duplicate the remarkable work our sister
organization has done for this silent and ever
growing segment of our population. Rather, it
is our intent that this project will supplement
these services by providing a means for a small
segment of this population within southern
Pinellas County to have access to a full range
of legal services in the area of family law,
including, but not limited to, representation
in contested dissolution of marriage actions,
paternity cases, and modifications of injunctions
and final judgments. If funding for this project
continues, I hope to broaden the scope of legal
services provided to these individuals. Moreover,
as we become more empowered as a community
to break the silence of domestic violence and
as the community becomes more diverse in
terms of ethnicity, nationality, and disability,
the need for more resources devoted to helping
survivors navigate the civil judicial system so
that they can stabilize themselves and their
children will remain unmet.
To make your contribution towards fulfilling
this omnipresent need, please contact me directly
at [email protected], or at (727) 582–7480.
You can help by agreeing to accept a pro bono
case for a survivor in need of remaining free
from abuse, by making a monetary contribution
in support of this project and/or other projects
at Community Law, or both. In addition, you
can make a regular commitment of as little as
two hours per week to staff one of our 27
civil legal advice clinics and self-help programs.
34 St. Petersburg Bar Association www.stpetebar.com
Glenn M. Woodworth, Esq.
Practice limited to
Civil Mediation•
Certified Civil Mediator•
Board Certified Civil Trial (Emeritus)•
38 years Trial experience•
AMERICAN COLLEGE OFTRIAL LAWYERS
•The Best Lawyers in America
1989 - 2000•
352-771-0115
JANE H. GROSSMAN,ESQUIRE
Practice Limited Exclusively ToFAMILY LAW APPEALS
All District Courts of Appeal19 Years of Experience
(727) 823-7600
There are always opportunities for the
Young Lawyers Section (YLS) of the St.
Petersburg Bar Association to organize and
implement community and public service
activities/events and to host social get-
togethers for our membership and
members of the St. Pete Bar as a whole.
Throughout the year, the section works
tirelessly to further our mission and has a
good time doing it.
The section is currently seeking local attorneys
under 36 years old OR those who have been
practicing for fewer than 10 years to become
part of our active group and participate in
our many projects and events planned to
strengthen our community and increase
our own levels of professionalism. Being
involved with the YLS is a great way to mix
and mingle with judges and senior attorneys
who encourage us by attending and
participating in our activities.
We have an upcoming section meeting
planned for the Criminal Justice Center in
Clearwater this March, so Assistant State
Attorneys and Public Defenders who are
unable to get to the Bar office to attend
our meetings will be able to join us. Please
visit the bar website for the exact date.
Also, watch your emails for other upcoming
activities and socials!
The YLS is working on a big OCTOBER-
FEST bash lined up for the fall. All young
lawyers interested in being part of this
event should come to a meeting or
contact our Chair, Shawna Mucario, at
smucario@mucariolaw for further
information. We already have done a lot of
the preplanning for this huge effort, but we
need lots of young lawyers to participate if
we are to succeed at making this one of the
best events we have ever held.
In May, we will also be providing volunteers
for the Tampa Bay Blues Festival, an annual
three-day musical event whose proceeds
fund PARC (Pinellas Association for
Retarded Children). Please contact Paul V.
Suppicich at [email protected] if you
would like to sign up.
If you qualify, please consider becoming a
member of the Young Lawyer’s Section;
contact the Bar office or come to a meeting.
The YLS generally meets on the third
Wednesday of each month at 12:00 noon
at the bar offices on M.L. King Street.
________________________________________
Paul V. Suppicich is an associate attorney with
the Tampa Civil
Litigation firm of
Terry & Dato.
Suppicich is also an
associate member of
the Ferguson-White
American Inn of
Court in Tampa and
is serving this year as
the Chair of the SPBA’s Stetson Law Liaison
Committee.
Submitted on behalf of the Young Lawyers Section
Young Lawyers CornerYoung Lawyers Section Seeks Members
By Paul V. Suppicich
www.stpetebar.com Paraclete – March 2007 35
What’s Up and Who’s NewMarch 2007
New Members
BOGEL, TAUNA REN
P.O. Box 5028, Clearwater, FL 33758-5028
Phone: 727-504-0006
E-mail: [email protected]
Admitted to The Florida Bar in 2001. Ms. Bogel
is an Assistant State Attorney, Sixth Judicial
Circuit.
DRECHSEL, JOSHUA
750 94th Ave. N., Suite 202
St. Petersburg, FL 33702
Phone: 727-576-6262; Fax: 727-563-0703
E-mail: [email protected]
Admitted to The Florida Bar in 1997. Mr.
Drechsel is a partner in the firm Brumbelow,
Drechsel Law Group, P.A.
ELLIS, DAVID ROBERT
275 N. Clearwater-Largo Road
Largo, FL 33770
Phone: 727518-6544, Fax: 727-518-9743
E-mail: [email protected]
Admitted to The Florida Bar in 1992. Mr. Ellis is
a sole practitioner.
GARBER, KATHRYN
8370 W. Hillsborough Ave., Suite 201
Tampa, FL 33615
Phone: 813-890-9201, Fax: 813-890-9203
E-mail: [email protected]
Admitted to The Florida Bar in 2006. Ms. Garber
is an associate in the Law Office of Marsico &
Bilodeau.
HAWKINS-LEON, CYNTHIA G.
1401 61st Street South, Gulfport, FL 33707
Phone: 727-562-7885, Fax: 727-347-3738
E-mail: [email protected]
B.A. from Wellesley College and J.D. from
Harvard Law School. Admitted to the Bar in
Washington D.C. and Pennsylvania. Ms.
Hawkins-Leon is a Professor of Law at Stetson
University College of Law.
LANGE, GEORGE W., JR.
13535 Feather Sound Drive, Suite 220
Clearwater, FL 33616
Phone: 727-592-6916, Fax: 727-571-7154
E-mail: [email protected]
B.A. from Southeast Missouri University, J.D.
from Louis University. Mr. Lange is the Senior
Vice President/Senior Trust Officer of Regions
Morgan Keegan Trust Company.
SPARKMAN, SHAZIA NAGAMIA
1924 9th St. N., St. Petersburg, FL 33704
Phone: 727-502-5297, Fax: 727-502-5298
E-mail: [email protected]
Admitted to The Florida Bar in 2005. Ms.
Sparkman is a sole practitioner.
ST. JOHN, SUSAN
P.O. Box 5028
Clearwater, FL 33758-5028
Phone: 727-464-7198
E-mail: [email protected]
Admitted to The Florida Bar in 2004. Ms. St.
John is employed in the Office of the State
Attorney.
Stetson Student Members
BACON, BRITTNY PHILLIPS
2959 First Ave. N., St. Petersburg, FL 33713
Phone: 727-327-3935, Fax: 727-323-4936
E-mail: [email protected]
Ms. Bacon is employed with Bacon & Bacon, P.A.
Kim
ber
ly N
ole
n H
opk
ins
Esq
Board CertifiedAppelate Attorney
Former Assistant Attorney General
with 12 years experience and
more than 180 reported opinions,
including 38 cases before the
Florida Supreme Court.
Criminal Appeals
Civil Appeals
Postconviction Litigation
Federal and State Representation
16057 Tampa Palms Blvd. W.
Suite 149
Tampa, FL 33647
Telephone: (813) 240-2455
E-mail: [email protected]
36 St. Petersburg Bar Association www.stpetebar.com
Classifieds March 2007
Office Space:
PINELLAS PARK – Office Space for Lease -
6251 Park Blvd., Pinellas Park. Prime location,
excellent signage and visibility, ample parking,
MOVE-IN condition. Ideal for independent
attorneys or small law firms.550 sq-ft available
at $650 per month. Rent includes water/sewer/
garbage, property tax, and common area
maintenance. For more info, please call
727-327-3500.
___________________________________________
ST. PETERSBURG – MacDill Federal Credit
Union Building, 2600 Dr. M.L. King Jr. St. N.,
in St. Petersburg has 1,246 sq. ft. of prime
office space available. $16.00/sq. ft., full service.
Signage available. Great proximity to the
downtown area. Please call Alan Feldshue
with Colliers Arnold at 727-442-7184.
___________________________________________
ST. PETERSBURG – Office space available,
5960 Central Avenue, Suite B, St. Petersburg,
Florida. Share with 2 attorneys, separate
secretarial office, conference room, free parking.
Call Don O’Leary 727-343-3800.
___________________________________________
ST. PETERSBURG – Senior Practitioner has
office space for lease with amenities. Large
offices less than 1 block from St. Petersburg
Courthouse with assigned off street parking
space. Common use of reception area, current
Florida library, closing and break rooms, utilities
except telephone, included. Call Joe Lang
727-894-0676 for more details.
ST. PETERSBURG – Executive offices for rent,
St. Pete, 9th Street North, $350.00 and up, all
utilities included. Call 727-562-9677 or
Glenda at 727-492-5855.
___________________________________________
ST. PETERSBURG – Downtown Office Space
for Lease at 600 First Avenue North, across
from the Courthouse. Great location
convenient to City Hall, County Building,
Courthouse, restaurants, other lawyers, and
legal support providers. Covered parking.
Fully wired for both high speed DSL and
cable modem data services. Professional legal
office environment in a building that
includes the law offices of some of the “Best
Lawyers in Tampa Bay, 2006.” 1500 sq. ft.
soon to be available. Call 727-821-6699 or
email [email protected].
___________________________________________
ST. PETERSBURG – Prime Downtown Office
Space overlooking Tampa Bay. Share 1405 sq.
ft. office and assistant with other attorney.
Office fully equipped and furnished.
727-898-9292.
___________________________________________
Position Available:
ST. PETERSBURG – Seeking second lawyer to
grow with new law firm. Arrangement to be
initiated via free space plus commission based
on percentage of fees. Owner intends to
expand and put benefits packages into place
within one to two months based on collective
shared interests of attorneys and staff. Seeking
attorney with at least 1-2 years experience but
will consider new attorney with prior
career/substantial prior work experience and
interest in furthering entrepreneurial nature
of arrangement. Large attorney office, along
with secretarial/administrative area, lounge
area and conference room included for the
right person. Firm will also provide, and, if
necessary, perform, all bookkeeping, billing,
normal collections less than 90 days in arrears,
and management/payment of all fixed
expenses included (handled by owner); on
site bookkeeper also willing to billing input
to permit attorneys to devote more time to
client work; flex time/partial telecommuting
arrangement would be permitted under the
right circumstances so long as all client
appointments conducted on site and all clients
sign firm's retainer agreements, go through
firm's billing services, etc., so that staff may
handle creation of client files, initiation of
retainer arrangements, and billing accounts
in timely manner. Large offices are located in
standalone on Mirror Lake 2 blocks from St.
Pete Courthouse, on-site parking and free
street parking are also all included. Would
also consider renting space to solo practitioner
as well. Please call owner at 823-1144 ASAP if
interested (serious inquiries only, please.)
Paraclete Classified Deadlines
Please submit your classifieds for upcoming issues by the following deadlines:
June 2007 issue: must be received by Noon on April 15, 2007
May 2007 issue: must be received by Noon on March 15, 2007
www.stpetebar.com Paraclete – March 2007 37
AlcoholicsAnonymous ofPinellas County
www.aapinellas.org24 Hour Help Line
(727) 530-0415Spanish
(877) 209-0523www.stpetebar.com
Visit the St. Pete Bar
Online
38 St. Petersburg Bar Association www.stpetebar.com
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www.stpetebar.com Paraclete – March 2007 39