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•  Continuing Education - Legal News
Four FL lawyers face discipline

•  Continuing Education     updated  2008/03/06 19:23


The Florida Supreme Court has disciplined 30 attorneys, including four in Tampa Bay.

Terence John Daly of Tampa was suspended for two years retroactive to June 7, according to a Jan. 10 court order. Daly allegedly did not communicate with clients, failed to diligently pursue their cases, failed to competently represent them, failed to protect their interests when ending representation, engaged in misconduct and criminal misconduct, and violated rules regarding trust accounts, a Florida Bar release said. He was admitted to practice in 1987.

Kevin J. Hubbart of Clearwater is to receive a public reprimand and was ordered to attend Ethics School pursuant to a Jan. 17 court order. He allegedly advised clients without notifying them of a conflict of interest while he was administratively suspended for not completing continuing education requirements. He was also charged with failure to properly maintain a trust account. He was admitted to practice in 1996.

Warren Thomas LaFray of Clearwater was suspended for 36 months, effective 30 days from a Jan. 10 court order. Upon reinstatement, LaFray will be on probation for two years. Allegedly LaFray misused client trust funds, commingling them with other funds, and failed to comply with basic trust accounting practices and procedures. He neglected client matters in two cases and refused to refund fees owed to a client, the release said. He was admitted to practice in 1976.

Jessica Kathleen Miller of Holiday was suspended until further order of the court pursuant to a Jan. 15 court order. In its petition for emergency suspension, the Bar stated that Miller "has engaged in an escalating pattern of neglect that has resulted in effective abandonment of her law practice and a failure to account for and deliver funds belonging to clients and third parties," the release said. In the past two years, approximately 25 clients and other individuals have filed complaints with the Bar against Miller. She was admitted to practice in 2003.

As an official agency of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 80,000 lawyers admitted to practice law in Florida.




Shari Solomon was going on her fourth year as an associate in the commercial real estate department of Wolf, Block, Schorr and Solis-Cohen in 1995, when she had her third child. While she was already accustomed to juggling life as a mother and a lawyer, her newborn required extra medical attention -- so much so that she couldn't imagine working again any time soon.

But 10 years later, with all of her children in good health, Solomon was ready to return. The problem was, she didn't know if the law firm world was ready to take her back.

"I did not presume that I would be returning to my practice after that many years out," she says. "It's not that I didn't consider it. But I couldn't imagine that after that many years out, it would be an option."

She was wrong about that. When she started searching for a job, Solomon invited a WolfBlock partner she had remained friendly with to lunch. The meeting resulted in an offer to take up where she had left off a decade before, as an associate in the Philadelphia office of the firm.

But it's not as easy for everyone to come back as it was for Solomon.

While most law firms offer some form of maternity leave, it's the rare firm that guarantees jobs for more than one year. The New York City Bar Association's Committee on Women in the Profession recently surveyed 43 legal employers on parental leave and found that almost all grant some form of maternity leave, with the majority of surveyed law firms providing 12 weeks' paid leave. Many firms also offered additional unpaid time off.

By and large, however, women who want to take off more than one year often sacrifice whatever job security they have to do so. When they want to return, they face a host of formidable challenges, say industry observers.

The most significant is simply convincing a law firm to hire them even though they veered off the conventional linear law firm up-or-out path. In addition, many who left before the technological revolution worry about their computer skills. Further, re-entering lawyers also must come to grips with psycho-social factors, most significantly the fact that they're older than their fellow associates while their contemporaries are their bosses.

The ranks of women seeking to re-enter the practice of law have grown large enough that law schools and other groups are now addressing the issue. Pace Law School and University of California, Hastings College of the Law, have started programs aimed at helping attorneys return to practice after lengthy absences. Additionally, the New York City Bar recently kicked off a re-entry initiative aimed at assisting people who left the profession and are considering returning.

For firms looking to increase the ranks of women partners, reaching out to former employees is seen as one way of potentially recruiting experienced female lawyers. Some law firms have been mulling programs aimed at connecting with ex-employees since at least 2005, when a Harvard Business Review article about women in the workplace suggested that companies should maintain ties with off-ramped employees through alumni programs.

Skadden, Arps, Slate, Meagher & Flom recently started a program, Sidebar, which allows attorneys to temporarily leave the firm for three years. During that time, they're still welcome at continuing legal education classes and other firm-sponsored events on the premises.




The  Florida  Bar will begin administering a voluntary program to allow qualified paralegals to receive the designation of Florida
Registered Paralegal. Lori  Holcomb,  head  of  the  Florida  Registered Paralegal program at The Florida  Bar, said  already  about 300 people have requested applications, which will be sent out once the program officially begins. Holcomb said she is expecting  an avalanche of applicants wanting to download the form from The Florida Bar Web site on kick-off day, March 1.

“We  ask  those  downloading the form to be patient,” said Holcomb. “If you have a delay, please try again.”

Paralegals are employed by attorneys to perform substantive tasks for which the lawyers are responsible.

Approved  by  the  Supreme  Court  in November 2007, the Florida Registered Paralegal  Program provides for registration of paralegals who meet minimum educational,  certification or work experience and who agree to abide by an established  code  of  ethics.  The  goal  is to better serve the public by establishing  high  professional standards. The program provides a registry of paralegals but does not establish regulation of paralegals or define the work paralegals may do.

Those  seeking  to  become  a Florida Registered Paralegal must fill out an application  form  that can be downloaded from the Bar’s Web site beginning March   1   (www.floridabar.org/frp)   or   request  the  form  by  e-mail.
Additionally,   there  is  a  $150  application  fee.  Holcomb  said  after registration papers are filed and if everything is in order, it should take a  couple  of  weeks to process an application. Applicants who are approved will be notified by mail with certificates and welcome packets.The  program  sets  up  a two-tier system for paralegals and also creates a disciplinary system and a Code of Ethics and Responsibility.

The  first  tier  encompasses  paralegals  with education, training or work experience  and  who,  under the supervision of lawyers, perform delegated, substantive work for which the lawyers are responsible.

Tier two paralegals have to meet education and work experience requirements or  be  certified by the National Association of Legal Assistants (NALA) or the National Federation of Paralegal Associations (NFPA).

Additionally,  for the first three years of the program, paralegals who are able  to  show  substantial experience, but who don’t meet the education or certification  requirements,  will  be  able  to  become Florida Registered Paralegals under a grandfathering provision.

Those  who  receive  the  designation will be listed on The Florida Bar Web site.

To  remain a Florida Registered Paralegal, 30 hours of continuing education courses will be required over a three-year period, with five of those hours having to be in professionalism or ethics courses.

The new Chapter 20 of the Rules Regulating The Florida Bar establishing the program  does  not set forth the duties paralegals may perform or deal with the  fees  that  can  be charged or awarded for the work they do. As is the case  now, the primary responsibility for monitoring the work of paralegals — whether Florida Registered Paralegals or not — rests with the attorneys who employ or supervise them.

Holcomb  said  the  program will give the public additional assurance about the quality of legal services they receive.

“When  someone  is  a  Florida  Registered  Paralegal,  you  know they have education  or  training  to  provide a higher level of service in assisting attorneys to serve their clients and the public,” said Holcomb.

To  request  a  copy  of  the application electronically, send an e-mail to frp@flabar.org. The form will also be available on The Florida Bar Web site
(www.floridabar.org/frp)  beginning  March  1.  Those with questions should
call (850) 561-5840.


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