Committees of The Florida Bar.

Admiralty Law Certification

The Admiralty Law Certification Committee is composed of Vice Chair Patricia Olney and Andrew W. Anderson, Richard J. McAlpin, Michael J. McHale, Joseph P. Milton, Christian D. Keedy, Andrew L. Waks, and Allen K. Von Spiegelfeld. We have received the most able assistance of Michele Lamar-Acuff.

There are currently 47 lawyers certified in admiralty law, and 10 applicants were approved to sit for the examination administered on March 7, 2000, in Tampa. A multiple choice examination is used, which is divided into two parts. Part 1, which is mandatory, contains 100 questions. Part 2 contains a series of questions based on eight fact patterns, some of which are mandatory.

Admiralty law practice in Florida is a relatively small specialty, and our committee is pleased with the number of attorneys who have participated in the certification program.

CARL R. NELSON Chair

Advertising

The Standing Committee on Advertising is responsible for advising members of The Florida Bar on permissible advertising and marketing practices. The committee, which meets monthly, reviews opinions issued by staff counsel, offers guidance to staff in evaluating lawyer advertisements, makes recommendations regarding rule changes, and provides guidance to Florida Bar members concerning both the substantive and procedural requirements of the advertising rules. The standing committee advises Bar members of the substance of the advertising rules through a variety of different methods. An in-depth analysis of the filing requirements, regulations, and committee interpretations is provided in the committee's Handbook on Lawyer Advertising and Solicitation (6th Ed. March 2000). The handbook is available at no cost to members and is designed to provide both a quick and easy reference to filing and substantive guidelines through various checklists and examples, as well as more in-depth discussions of particular types of advertising regulations and recurring situations. The handbook is reviewed and updated by Bar staff with the input of the standing committee to provide an excellent up-to-date guide to Florida's lawyer advertising regulations. The 2000 handbook revision has just been completed following the Supreme Court's issuance of revised attorney advertising rules in Amendments to Rules Regulating The Florida Bar - Advertising Rules, 24 Fla. L. Weekly S591 (Fla. Dec. 17, 1999). The handbook is now available for the first time on The Florida Bar website at www.flabar.org in the advertising regulation section. When the amended rules were issued, staff posted them on the Bar's website for immediate review by Bar members. They also placed explanatory materials regarding the new rules on the Bar's website to assist members with compliance.

The committee, through its staff, has continued this year to periodically publish a column in the The Florida Bar News. The column summarizes highlights of the standing committee's decisions at its monthly meetings and also provides timely discussions of particularly troublesome issues, such as committee interpretation of particular language in advertisements or handling of particular types of advertisements. The committee's goal is to provide Bar members with as much information as possible to assist them in compliance with the Rules of Professional Conduct.

To further educate Bar members regarding the advertising rules, the standing committee is now publishing formal written opinions of the Standing Committee on Advertising. The Board of Governors has approved the proposal for formal advertising opinions. Proposed Advisory Opinion A-99-1 was published in The Florida Bar News in October 1999. This and other opinions will be readily available to Bar members as a record of committee decisions interpreting the advertising rules on a number of recurring issues. These opinions will be available on the Bar's website at www.flabar.org.

By far the most time-consuming task of the standing committee this year, as in past years, has been reviewing advertisements filed by members of The Florida Bar to determine whether they comply with the advertising rules. The standing committee reviews decisions of its staff regarding lawyer advertisements if the staffs interpretation of a particular rule or advertisement is appealed by an advertising attorney. Advertisers can appeal decisions of the standing committee to the Board of Governors if they wish to do so. The standing committee also provides guidance to its staff and advertisers, pursuant to requests for guidance, in order to foster compliance with the rules and permit advertisers to accomplish their legitimate advertising goals. The committee works hard to apply the advertising rules

fairly to all types of advertisements and to balance the rights of advertisers with the needs and concerns of the public.

As in previous years, the standing committee has taken an active role in ensuring that lawyer advertising in Florida is filed with The Florida Bar and properly reviewed. The standing committee is committed to aggressively investigating and pursuing lawyers who do not file their ads for review and those few filers who disregard The Florida Bar rules. An ongoing compliance program, headed by staff of the standing committee, reviews Yellow Pages and newspaper advertisements to determine whether nonexempt advertisements have been filed and reviewed. Lawyers who have not filed their advertisements are sent a letter asking them to file their ads and are required to pay a $250 late filing fee approved by the Florida Supreme Court.

The committee welcomes the new advertising rules that have been issued by the Florida Supreme Court. The new rules have organized existing regulations in a way that makes them easier to use and understand for advertisers and should contribute to a more positive public perception of lawyers in Florida.

The standing committee is made up of nonlawyers as well as lawyers. We believe that this has contributed substantially to our work and our broad perspective on advertising and marketing. I would like to thank each of our members: Michael Seminario, Adrienne Katz, James Miller, Jeffrey Pope Watson, Shane Munoz, and my Vice Chair Kimberly Sands for their tremendous contribution and dedication.

Finally, the committee thanks our board liaison, Andrew Needle, and our hardworking staff headed by ethics counsel Elizabeth Tarbert, without whom the business of this standing committee could not be accomplished.

KAREN MATHENY Chair

Appellate Practice Certification

The Appellate Practice Certification Committee embarked on its busiest year ever. This was the first year for approval of recertification applications from board certified attorneys who passed the first certification exam in 1994. Almost all of those originally certified were approved for recertification. Before the testing and approval of new board certified attorneys in the year 2000, there were 126 board certified appellate practice lawyers in Florida. The committee this year embarked on the traditional construction and overseeing of the appellate practice certification exam. This process requires participation of every member, including the generous contributions by Judge James R. Jorgensen of the Third District Court of Appeal. The committee devoted additional time evaluating the process of grading in concert with professionals specializing in the science of testing and statistical analysis of exam questions.

While this undertaking sounds rather dry, and perhaps it could be, the committee recognized the extreme importance to every test taker that the exam be administered fairly, graded with equanimity, and covered the proper balance of appellate practice and related issues to demonstrate to the public that those passing candidates were worthy of bearing the moniker of "Board Certified in Appellate Practice."

In addition, the committee reviewed the qualification standards for entitling candidates for recertification and for initial applications. The existing standards seemed to exclude Florida Bar members who do not otherwise qualify because they have spent the bulk of their career on the appellate bench. If an appellate judge leaves the bench for private practice, and when an appellate practitioner leaves private practice for the bench, the existing standards did not adequately recognize this service to entitle these applicants to become or remain board certified. In both instances, the prior criteria left chasms where candidates with unquestioned worthiness for board certification were no longer able to satisfy the plain reading of the criteria for board certification, or recertification.

In the upcoming year, the committee will oversee administration of the exam, which will include construction of next year's test, grading of that exam, and approval of recertification petitions for the following years' class. This committee has pledged to continue the perfection of the examination process by reviewing the grading criteria, reexamining the testing and grading process, and facilitating the review for the judiciary who are asked to comment on the proficiency of the candidates both because an applicant has listed them as a reference and through blind references requested by the committee.

Board certification committees are necessarily small and are some of the hardest working committee members of The Florida Bar. This committee carries this tradition forward and is peopled with names recognized in civil and criminal appellate ranks.

KIMBERLY A. ASHBY Chair

Aviation Law

During the Bar year 1999-2000 the Aviation Law Committee continued to move to complete previous projects as well as implementing and completing new ones. The committee during its meetings in October 1999 and January 2000 continued its past practice of offering programs that include aviation law CLE credit. Recent CLE programs in conjunction with committee meetings have utilized the Internet and the Microsoft PowerPoint presentations program.

The Aviation Law Committee membership consists of lawyers who have an interest in and/or are practicing aviation law. The aviation law practice involves legal issues relating to the ownership, operation, maintenance and use of aircraft, airports and airspace, licensing and aeromedical issues of airmen, aviation mechanics, aircraft repair stations and fixed base operators, and the regulation and use of outer space.

Early in the year Jeffery Freeman began developing a website for the committee, now found at http:// www.aviationbar.com. The website has contact information including links to members' email addresses and websites. In addition, the website has a section for aviation law, board certification information, CLE information, meeting information, and links to other Internet aviation legal resources. A prototype of the site was presented to committee members in attendance in October and January. The Aviation Law Committee is the first committee of The Florida Bar to have its own website.

The Aviation Law Committee continues to encourage members who qualify to apply for and take the aviation law board certification examination in order to become board certified. In order to encourage this, a subcommittee has been appointed under the chairmanship of Stuart A. Goldstein to put on a seminar in January 2001 to prepare for the March 2001 aviation law board certification examination.

There continues to be interest in publishing an Aviation Law CLE manual in cooperation with The Florida Bar. The project, spearheaded by former Chair Carl Hoffman, will be continued by a subcommittee chaired by Jeffery Freeman.

The present membership of the committee is approximately 80 members and growing.

JAMES B. DENMAN Chair

Aviation Law Certification

During this fifth year of its existence, the Aviation Law Certification Committee devoted most of its time to the development of new test questions and the fine tuning of the testing procedures used by the committee. Individually, the members of the committee also, through personal contacts and contacts with other aviation lawyers, attempted to stimulate greater interest among lawyers experienced in aviation matters in becoming board certified.

The committee again held its grading meeting at a resort in the Bahamas, with several of the members taking their own private planes to the Bahamas' out islands in connection with the meeting.

The committee also began the process of reevaluating the requirements for certification since there are small numbers of lawyers who devote a significant part of their practice to aviation-related matters.

As always, the assistance and guidance of our staff specialist, Michelle Lucas, has been invaluable.

BILL WAGNER Chair

Board of Legal Specialization and Education

The Board of Legal Specialization and Education has experienced another active year supporting the work of its certification committees and encouraging the growth, recognition, and acceptance of specialization in the practice of law. The duties of the board may be found in Ch. 6 of the Rules Regulating The Florida Bar.

Foremost among its responsibilities, the BLSE believes the opportunity to participate in the certification plan is one of the principal ways to accomplish the goal of certification as articulated by the Supreme Court of Florida in 1981: "We believe that The Florida Bar and this Court must responsibly move forward to assist the public in determining those individuals who are qualified specialists." Nineteen areas of law practice are now available to members. The two newest areas were approved by the Supreme Court in March and are now being prepared for implementation: anti-trust and trade regulation, and labor and employment law. Applications are expected to be available in the fall and the first exam to be administered in the spring 2001.

As the certification program matures and evolves, the board has encountered a variety of unique situations which have given rise to innovative solutions. For example, an emeritus status for lawyers who are no longer practicing, but wish to maintain certification, has been presented to the court for adoption. Reasons such as health, judicial status, or career changes involving teaching or mediation may suggest an emeritus classification. The program benefits from the continued recognition of lawyers who have contributed to the advancement of specialized practice through their expertise and reputation.

The integrity of the certification program and its value to the public and the profession not only depends upon the relevancy of the standards to the practice areas, but also upon the quality of the participants. The public must have assurance that board certified lawyers not only have competence and expertise in their field of practice, but also that they have high moral and ethical standards. While working to motivate the participation of qualified specialists for the benefit of legal consumers, the board has devoted energy to expanding the significance of certification for the optimum benefit of legal consumers. Character, ethics, and reputation for professionalism have been interwoven into the peer review criteria and clearly reflect the high standards expected of all who have earned and seek to maintain this important credential.

Another duty of the BLSE is to ensure compliance with the CLE requirement and maintain standards and policies to promote the continued enhancement of proficiency and knowledge. An amendment to expand the five-hour ethics, professionalism, and substance abuse component of the 30-hour requirement by adding "mental illness awareness" was carefully considered and approved by the Board of Governors this past year. Final approval now resides with the Supreme Court.

The final program over which the board has jurisdiction is new member compliance with the basic skills course requirement. Recent changes in the program have enhanced the value of this course for new admittees. It now includes a session specifically on professionalism and offers members electives in basic level substantive programs. The BLSE will continue to work with the Young Lawyers Division to make this program worthwhile to all new members of our Bar.

Overall, the work of the 16 members of the BLSE is critical to the professional development of all Bar members and directly benefits the public. We strive constantly to inform and educate the members of the Board of Governors who have jurisdiction over our decisions. Our comfort is in knowing the quality and competence of the 153 certification committee members and staff who perform the exhausting work of processing and examining applicants for certification. Appreciation is extended to those individuals who, individually and collectively, have given so many hours and worked so diligently to ensure the integrity of the certification plan is maintained. As chair of BLSE, I can assure you it is your good work which contributed to the recognition cited in Amendments to the Rules Regulating The Florida Bar, No. SC95365 (March 23, 2000), in which the Court observed: "The Florida Bar Board of Legal Specialization and Education does an outstanding job in administering and overseeing Florida's Lawyer Certification Plan." Congratulations to you all!

Enhancing the image of the legal profession and encouraging professionalism among lawyers are popular platforms among the leaders of The Florida Bar. It is the BLSE's belief that the certification program is a vital contribution to the Bar's efforts to reach those goals.

ELIZABETH K. RUSSO Chair

Business Litigation Certification

The Business Litigation Certification Committee was appointed and organized in the 1995-96 Bar year. During that first year, the committee received 69 applications, approved 52 of them, and had a passage rate of 80.7 percent for those who sat for the examination.

The next certification filing period was the last year for board certified civil trial lawyers to apply for business litigation certification under an exemption. The exemption allowed a member in good standing of The Florida Bar who was board certified in civil trial and who demonstrated substantial involvement as prescribed in the standards to be exempt from the peer review, education, and examination requirements.

In the following Bar year, 1997-98, the committee continued to review and revise its policies and standards. After having reviewed more than 130 certification applications in its second year, the committee received a comparatively small number in 1997-98 year. Nineteen of 28 individuals who sat for the exam (67 percent) passed.

In the year 1998-99, the committee received 11 applications, nine of which were approved to sit for the exam. Only three of these applicants passed the exam. Nine applicants have been approved to sit for the 2000 exam, and there are currently 202 lawyers certified in business litigation.

The Business Litigation Certification Committee is concerned about the dwindling number of applicants and has considered various proposals to increase the number of qualified applicants. One such proposal approved by the committee and sent to the Board of Legal Specialization and Education would increase the jury trial window from five to 10 years, i.e., applicants could satisfy their jury trial requirement within a period of 10 years preceeding the application. Other proposals are still under consideration by the committee.

This year's committee, including Vice Chair Harry Payton and Phil Bates, Jim McCann, Ken Minerly, Harry Payton, Howard Ross, Gary Salzman, and Betty Morgan, all worked diligently in the review of applications and preparation of this year's examination. Thanks also to Carol Vaught, the committee's certification specialist, for her invaluable assistance throughout the year.

The committee will continue to review its policies and promote interest in the certification program.

GREGORY A. PRESNELL Chair

City, County and Local Government Certification

The year 2000 comprises the fourth year of the certification program for our area of specialty. Twenty-four applicants have been declared qualified to sit for the annual examination which will be given on May 2, 2000, in Tampa. The primary goal of the committee over the years has been to develop an examination which is fair and tests the knowledge of qualified applicants on a variety of subjects with which local government lawyers typically deal. At the same time we have attempted to test on current issues facing lawyers in this field. Currently, 99 lawyers have received certification in city, county and local government law.

In keeping with past practice, the examination review course was given the day preceding the City, County and Local Government Annual Seminar and Meeting held in April of each year. The examination review course has proven to be an extremely popular course taken not only by those preparing for the exam but also by those seeking a comprehensive review of local government law.

This year's committee is comprised of Susan Delegal, Chair, Vice Chair Jon Henning, and members Henry Ennis, Robert Pritt, Alan Prather, Julie Yard Scales, Stephen Cypen, Dick Smith, and Elizabeth Hernandez. Also, the committee owes much thanks to our new committee coordinator, Michele Acuff, certification specialist, who has managed to tend to the needs of a rather unruly bunch of local government lawyers, and keep us straight.

Having served on the committee since its inception, I have observed its maturation and development. I am pleased that certification in the area of city, county and local government law has captured the attention of lawyers serving local government throughout the state of Florida. As stated, our goal is to create a process for testing knowledge of qualified applicants in a fair and meaningful manner.

SUSAN F. DELEGAL Chair

Civil Procedure Rules

Our Committee concentrated its efforts this year on responding to inquiries from the Florida Supreme Court posed to the ommittee in various court opinions and completing our report to the Florida Supreme Court of proposed rule changes pursuant to rule 2.130, Florida Rules of Judicial Administration. We also began working on various matters for the next report.

In our report to the Florida Supreme Court, we responded to the court's request in Kinney Systems, Inc. v. Continental Insurance Co., 674 So. 2d 86, 93 n.6 (Fla. 1996), for our study and recommendations as to emergency rule 1.061 regarding choice of forum. Our response suggested keeping the emergency rule intact and adding four provisions designed for clarification and facilitation of the procedure.

We also responded to the Florida Supreme Court's request in Allstate Insurance Co. v. Boecher, 733 So. 2d 993 (Fla. 1999), as to whether a clarification is necessary in rule 1.280(b)(4)(A)(iii) involving the scope of discovery of information about experts. Our committee determined that the holding of Allstate should be sufficient to explain this issue and recommended a court commentary with a reference to Allstate.

As to the Supreme Court's question in Green v. Sun Harbor Homeowners Association, Inc., 730 So. 2d 1261 (Fla. 1998), of whether there should be a specific rule pertaining to claiming attorneys' fees, we proposed a simple rule establishing the time for filing motions for attorneys' fees and costs for purposes of predictability and clarification. We also recommended revising the attorneys' fees provision of the proposals for settlement rule to conform with this new rule.

Furthermore, in response to the Court's request in Musculoskeletal Institute Chartered v. Parham, 745 So. 2d 946 (Fla. 1999), for comments regarding amendments to rule 1.650 adopted in that opinion, our committee recommended further revisions to rule 1.650(d) to implement the holding in Parham that the tolling provisions of [sections] 766.104(2) and [sections] 766.106(4) (1989), and Florida Rule of Civil Procedure 1.650(a), applicable to the statute of limitations, are equally applicable to the statute of repose in F.S. [sections] 95.11(4)(b) (1989).

We also proposed amendments to rule 1.442 regarding the time for acceptance of proposals for settlement in class actions, to rule 1.560 providing for a simplified procedure for discovery in aid of execution using a new form consisting of a fact information sheet, and to the judgment forms for compliance with statutory requirements.

Currently, the committee is studying several issues brought up this year by the Florida Supreme Court. In Totura & Co., Inc. v. Williams, 25 FLW S141 (Fla. 2000), the court asked our committee to review rule 1.070(j) and the amended pleading process. The Court also asked our committee to respond by August 7, 2000, to comments filed with the court concerning proposed changes to the Uniform Guidelines for Taxation of Costs.

We also have subcommittees studying new rule 1.840 and the accompanying form, the request for admissions procedure, and rule 1.330, as well as other matters which various lawyers have brought to our attention. We will be reviewing these matters for the next reporting cycle to the Florida Supreme Court.

Finally, I sincerely thank our Florida Supreme Court liaison, Justice Fred Lewis, our Florida Bar Board of Governors liaison, Louis B. Vocelle, Jr., and the many distinguished members of our committee for their outstanding efforts in helping us accomplish our work during this busy year. A special thanks to President Edith Osman and the other bar presidents for giving me the honor and privilege of working with this dedicated committee for the last 12 years and to Madelon Horwich for her tremendous assistance and hard work throughout this year and many past years.

LORI E. TERENS Chair

Civil Trial Certification

The Civil Trial Certification Committee is charged with the responsibility of administering The Florida Bar Civil Trial Certification Program. The ommittee has completed an extremely busy and productive year. Major projects of the ommittee included:

1) Review of Applications for Certification and Recertification. The committee reviewed 65 applications from attorneys seeking civil trial certification and 214 applications from attorneys seeking recertification. Every application was thoroughly reviewed by at least two committee members, each of whom independently verified the applicant's substantial involvement in civil trial law, completion of the required number of trials, completion of CLE certification credits, and peer review references. Any applications questioned by the individual reviewers were scrutinized by the entire committee.

2) Preparation and Administration of Examination. Fifty applicants sat for the March 2000 examination, which lasted six hours. The examination consisted of three one-hour questions covering civil procedure, evidence and ethics and a three-hour question on "trial skills." The questions and model answers were all prepared by teams of committee members. Thereafter, the entire committee reviewed every question and an individual member was assigned to answer each question to see if it could be completed in the allotted time. In some cases, the questions were revised before the examination was finalized. As of the date of this report, the examination is being graded by the committee members who prepared the questions and model answers. The results will then be submitted to the entire committee for final grade review.

3) Analysis of Examination Content. The committee recognizes that it is extremely difficult to develop an examination that will successfully distinguish between lawyers who have significant experience and ability in the civil trial process and those who do not. The committee's greatest challenge is to objectively evaluate the intangible qualities which good trial lawyers possess. The committee has been reviewing and modifying the examination content for several years. Its goal is to focus on trial and pretrial issues that an experienced trial lawyer should be able to manage, regardless of the lawyer's unique trial experience and area of practice. This year, for the first time, the examination had no questions relating to substantive law. Instead, the committee prepared an extensive "trial skills" question which presented the applicant with a case file, similar to the materials an attorney would accumulate before trial, and then proposed various questions concerning issues the attorney would confront in the courtroom.

I am grateful to all of the members of this hard working committee including Vice Chair Patricia A. Doherty, Anthony J. Caggiano, Robert L. Cowles, Carlos R. Diez-Arguelles, Lee Theodore Griffin, Christopher S. Knopik, Joshua A. Whitman, and William S. Williams. The entire committee is especially appreciative of the outstanding efforts of our Florida Bar coordinator, Cheryl Morgan, who makes our jobmanageable andenjoyable.

JEFFREY MICHAEL COHEN Chair

Clients Security Fund

Since fiscal year 1992-93, the membership of The Florida Bar has grown from 52,653 to 66,658 a 27 percent increase; the annual dues contributed by each member that is allocated toward the Fund has grown from $7.20 to $15, a 108 percent increase; the annual budget allocation for the Clients Security Fund has grown from $735,615 to $955,350, a 30 percent increase; and the number of claims submitted by disgruntled clients has ranged from 343 to 421, a 23 percent increase.

Yet, the actual membership of the committee has dropped from 40 to 29, a 27.5 percent decrease! Further, a majority of the current members have served on the committee for this entire 10-year period. Some of them have served more than 20 years. My review of the current members list, located on page 483 of the 1999 Florida Bar Directory, reveals that there are two members who have served since 1976 and 1977, Danny Kepner and Marshall Barkin. Bill Ricker was appointed in 1981; Joe Mason in 1982; Stan Musial in 1985; Jim Pilon in 1985; Richard Mellman in 1986; Chester Skipper in 1987; Jim Porter in 1989; Bob Schwartz in 1990; Steve Gary in 1991 (after having previously served from 1971-1979); and, Charles Basinait in 1993. The rest have served since 1994 or later. Two members have found the service so rewarding that they continue to serve after retiring from active practice, Jim Porter and John McMath.

You must wonder why these individuals are willing to donate their valuable time and effort to serve on this committee for so many years. The rewards are personally and extremely satisfying. Freely giving of their time and energy in service to the Bar, repays them 10-fold. They are not only helping the Bar; they are helping themselves.

The committee is in need of individuals who desire to serve and contribute their time and effort to improve the image of the legal profession. We should remember that the practice of law is not a business, that it is a profession, and that finances are not the bottom line, service is.

In 1970, the year in which the first payments were made from the Fund, then President Mark Hulsey, Jr., wrote "[t]hat the Florida Bar can be proud that its members have the professional pride to want to discharge their debt of honor to the public." He felt that it was the honor of our profession and of each Florida lawyer, that created the Clients Security Fund.

As members in good stranding, we are required to contribute annual dues. Out of each members contribution, $15 is now allocated to the Fund. In no small measure is this proof of the honor each of us carries for the profession. But the honor of the profession requires more from us, if it is to be perceived by the public as it truly is, an honorable and moral profession. We must give more than just dues; we must give of ourselves. By so doing, the image of the profession will be elevated and maintained.

Ask any of the current members, and you will be told of the enormous satisfaction each receives from service on this committee. Further, ask yourselves if you need to do more to uphold the honor of our profession. We need and would welcome your service. The only requirement for membership is the desire to serve.

J. BURKE CULLER, JR. Chair

Consumer Protection Law

The committee continued its work established by immediate past chair, Michael Flynn, including preparation for its next seminar dealing with cutting edge issues such as Internet fraud, deceptive and unfair trade practices, managed care fraud, and mandatory creditor arbitration, which will reach and assist a broad crosssection of The Florida Bar. Ken Nolan, CLE program chair, has done an outstanding work in formulating this seminar.

The committee has had the cooperation of the office of the president in seeking to modernize the committee, including seeking enhancements to the Florida Call-A-Law Program by seeking increased private sector funding, Internet access, and greater availability and dissemination of consumer information and protection materials. These materials are updated annually by members to provide the most up-to-date information to the public.

Consumer protection bills have failed this year in the legislature. The committee has had some sense of frustration in not having significant consumer friendly legislation go forward, such as prevailing plaintiff attorney provisions under Ch. 501, used car lemon law legislation, and meaningful automobile dealership bait and switch statutes.

One of the most interesting and exciting possibilities for the future will be a joint venture. The committee, with the assistance of the Bar's leadership, is attempting to coordinate and jointly utilize the resources and talents of the newly formed consumer law division of the Florida Academy of Trial Lawyer with the Consumer Protection Law Committee. The present chair and incoming chair, Adam Kohl, have worked closely for a smooth transition for the next year. Special thanks to Kathy Tucker of The Florida Bar for all her assistance.

HOWARD A. KUSNICK Chair

Continuing Legal Education

The CLE Committee continues in its efforts to assist sections in providing high quality educational programs for members of The Florida Bar.

The programs subcommittee, chaired by Mercedes Busto, has produced suggestions for general improvements to presentations. Under the leadership of CLE Committee Vice Chair Gerald Damsky, a working group of this subcommittee is establishing the first on-demand Internet CLE presentations for The Florida Bar. This allows an attorney to watch a presentation at any time by merely logging on to the appropriate website.

The long range planning subcommittee, headed by Cynthia A. Henderson (who also serves as secretary of the Department of Business and Professional Regulation) organized the annual committee retreat help in May in Key West. A technology update was on the agenda, as well as a presentation by Judge Scott M. Brownell, a renowned expert on adult learning. Judge Brownell examined the impact of different psychological types on learning receptiveness.

The publication subcommittee, led by CLE Committee Vice Chair Donald A. Workman announced that the Bar is on target for publishing two dozen new editions and supplements during this fiscal year.

The committee could not function without the advice and assistance of Bar staff. We are grateful to Michael A. Tartaglia, division director of programs; Yvonne D. Sherron, director of professional development; Gerry B. Rose, director of legal publications; and Craig Shaw, legal editor.

JUDGE MARTIN D. KAHN Chair

Criminal Law Certification

Certification committees have long been viewed by those "in the know" as some of the hardest working committees within The Florida Bar. After four years with this committee and two as chair, I can attest to how much time and commitment is necessary to keep a certification committee running. This year began with the addition of two new members, and both have been wonderful. It truly is a pleasure to lead a group of professionals who give their time throughout the year to make our committee a Success.

The year started with the addition of our largest class of lawyers in many years. Our pass rate was just over 60 percent which allowed us to stay within our usual pass/fail rate. The exit interviews conducted after the test were enlightening. Although we received good reviews by most, and very few appeals from the results, there was criticism of the appellate portion of the exam and questions about whether we were truly testing the appellate skills.

This year involved a full scale revamping of the appellate portion of the exam. Not only were all of the multiple choice questions reworked, but the format was changed as well. We hope the changes will help test the skills of the true appellate practitioner. My Co-chair Mike Neimand and Karen Kinney deserve special recognition for all the time they devoted to these changes. We were able to complete our writing of the exam in record time and were set to test our group of examinees in May.

I want to give special thanks to Linda Cook. Despite additional responsibilities with the Bar center, she has continued to be the glue which ties this committee together. Her help is invaluable to the success of this committee.

DAVID R. PARRY Chair

Criminal Procedure Rules

The Criminal Procedure Rules Committee, made up of dedicated prosecutors, defense lawyers, judges, and academics, was called on this year to respond to a substantial number of requests and concerns regarding criminal rules. These requests came largely from the Florida Supreme Court, but also from members of The Florida Bar and other committees. With the encouragement of Chief Justice Major B. Harding, the committee also amended our internal operating procedures to create a "fast track" structure to respond promptly to emergency requests by the Court. Finally, our committee presented 18 proposed changes to the Rules of Criminal Procedure to the Supreme Court as part of our quadrennial report.

In its four-year cycle report, the committee has proposed a number of amendments to forms and rules. Among the more significant are proposals providing for electronic service of pleadings; eliminating out-of-court waivers of counsel provisions; requiring that pretrial motions to suppress be filed "at a reasonable time before trial;" providing that time-triggering demands for speedy trial and notices of expiration of speedy trial be captioned as such and filed as separate pleadings; incorporating legislative criteria for the expungement of nonjudicial records; and creating procedures for the determination of competency issue in postconviction capital collateral proceedings.

In October, our committee presented an emergency petition to the Court for the adoption of amendments to rules 3.670 and 3.700. The Court approved these recommended changes in so far as they required that the judgment and sentence be provided counsel for the state and defendant within 15 days of its rendition and that the court must pronounce at the time of sentencing the jail time credit that the defendant is entitled to receive, if such information is available.

At its midyear meeting, the committee adopted the fast track procedure for promptly responding to emergency requests by the Court. Under this procedure, the fast track subcommittee, after 10 days notice to the full committee, can take action and propose amendments. This action or proposed amendment is then electronically submitted to the full committee. If there is no objection by at least one-third of the full committee, the action is ratified. Any committee member may attend the fast track subcommittee meetings. The fast track procedure already has been used to respond to an urgent request by the Court for comments regarding a proposed amendment to rule 3.851 by the Morris Committee. Three additional matters are pending before that subcommittee requiring action before our annual meeting in June. Among the matters that the fast track subcommittee is considering are: the propriety of the use of presentence investigations in capital cases; an examination of rule 3.850 in light of Wood v. State, 24 FLW S240 (Fla. 1999); and a further examination of "gap" problems regarding the implementation of the Morris Committee proposed amendment to rule 3.851.

At the midyear meeting, our subcommittee I, chaired by Leslie I. Hess, proposed the adoption of a "uniform statewide plea agreement form." This plea form was the product of substantial effort by the members of that subcommittee. The proposed form failed by just one vote to obtain the necessary two-thirds vote for adoption. However, this work product has been forwarded to Judge Chris W. Altenbernd, chair of the Florida Supreme Court Criminal Appeal Reform Act Committee. That committee is seeking to create computerized statewide plea forms that easily could be shortened and tailored to individual needs of a particular defendant.

The committee was asked to provide comments and participate in oral argument regarding proposed amendments to the Rules of Criminal Procedure by special committees appointed by the Court.

In October, our committee sought changes to the proposed amendment to rule 3.800, which was advanced by the Criminal Appeal Reform Act Committee. That committee sought to facilitate the early detection and correction of illegal and unlawful sentences, even during the initial stages of the appellate proceedings. Our suggestion that the rule clearly delineate the limited circumstances under which the state may correct an illegal sentence was accepted by the Court.

In March, the Court sought and we provided our suggestions regarding a proposed amendment to rule 3.851 advanced by the Florida Supreme Court Committee on Postconviction Relief in Capital Cases (chaired by Judge Stanley R. Morris and known as the Morris Committee). Assuming that the Court had the constitutional authority to adopt the proposed amendment and the desire to do so, our committee recommended to the Court changes to that work product. Some of our proposals included the inclusion of competency determination procedures and an increase in the time period for appeals, providing a page limit to the states answer equal to the page limit on the petition, and resolving some timing problems.

Among the matters pending before the committee and on the agenda for the annual meeting are the following:

1) Consideration of a proposal by the executive counsel of the Criminal Law Section that our committee adopt a rule providing for the postconviction DNA or other scientific testing when such was unavailable at the time of trial.

2) Consideration about whether rule 3.850 should be amended to eliminate the ability of a defendant to obtain both opening and closing final summations when the defendant produces no evidence other than his or her own testimony.

3) Under a Supreme Court request in the recent case of Trepal v. State, 25 FLW S190 (Fla. 2000), the committee is developing "narrowly tailored" rules that will provide for interlocutory appeal of orders compelling discovery in capital postconviction proceedings when irreparable injury would occur and no adequate remedy is available after final order.

The chair would like to thank the entire membership for the outstanding dedication to the work of this committee during this difficult term. Especially deserving of praise are subcommittee chairs Judge Oscar H. Eaton, Jr., Leslie A. Hess, and Paul H. Zacks, and their subcommittees. These subcommittees were inundated with many complex and important matters, all of which were handled in a timely and professional manner. Additionally, our committee could not function without the dedicated and untiring efforts of our Bar liaison, Susan Elsass, who deservedly has my sincere gratitude.

JEROME C. LATIMER Chair

Elder Law Certification

On March 10, 2000, the Elder Law Section gave its third certification examination. This past year the committee has worked extremely hard in both grading the previous test given March 12, 1999, as well as reviewing all applications to take the year 2000 test and preparing substantial reserves of new questions relating to current law.

We are proud of the Elder Law Section and how far it has proceeded.

Each year our Certification Committee reviews and updates its complete question bank to ensure that the examination will be representative of the work being performed by attorneys who practice elder law. The committee this year consists of Ed Boyer, Russell Carlisle, Richard Greatwood (vice chair), Emily Moore, Rebecca Morgan, and Jerry Solkolf. Unfortunately we lost Richard Milstein and Charles F. Robinson who resigned to pursue other efforts on behalf of The Florida Bar. In their place Joan Nelson Hook and Nicole Boone were appointed. John Tan, Bar liaison, has worked diligently to assist us in our efforts and we sincerely appreciate his presence on the team.

In 1999, eight took the examination and five passed. In the current year 2000 examination 12 applied and the results are not yet known since grading was to take place in April. Our percentage of passage rate in 1999 was 63 percent. There is a strong interest in certification since approximately 20 people took the certification review course offered by the Elder Law Section. We anticipate that more examinees will be applying in the near future.

We are extremely proud of the fine accomplishment of all of the energetic members of the committee who have truly worked very hard and the past chairs of the Elder Law Section who have been able to bring the certification process to fruition. Thanks again to all members of the committee.

MICHAEL J. TROMBLEY Chair

Eminent Domain

The meetings and planned events of the Eminent Domain Committee reflect its continued commitment to educating Bar members on recent developments in the field of eminent domain. The committee is currently planning an eminent domain seminar to be held in October to address recent developments in the case law and changes to the eminent domain statutes, effective this year. In light of the recent legislative changes, the committee will also present a seminar to our judiciary at the annual business meeting of the Florida Conference of Circuit Judges in June. Practitioners representing the government and landowners will present mock hearings in an educational format on various factual scenarios covering the basics of eminent domain, as well as the legislative changes.

The focus of our midyear meeting emphasized both education and professionalism. Our meeting began with a presentation by Michael McMahon, a member of the Board of Governors, who spoke about improving the image of our profession. Mr. McMahon challenged each of us to speak in a positive light about our judges, opposing counsel, and the overall legal system. Our meeting concluded with case law updates and a lively discussion on the uses and misuses of the contingent valuation method, or survey method, to value property in eminent domain cases.

Following our midyear meeting, the committee hosted a luncheon honoring fellow practitioner David Foerster for his contributions to the field of eminent domain, as well as his professionalism.

This year has been a busy year for the committee with regularly scheduled meetings, as well as preparation for future presentations and seminars. Although our committee is split between lawyers representing condemning authorities and representing landowners, it continues to exemplify a high degree of professionalism in its efforts to continue to work together, not only within the committee, but in our everyday practices.

I want to personally thank Bob Scanlan and Louise Fields for their assistance in planning the committee meetings, and especially to Bob who chaired the mid-year meeting in my place. I also thank Alan DeSerio, who has continued to serve as editor of our committee newsletter, which is published three times a year.

LORENA HART LUDOVICI Chair

Family Law Rules

The Family Law Rules Committee has completed a four-year cycle pursuant to Fla. R. Jud. Admin. 2.130(c). During the past year, the Family Law Steering Committee has been responsible for the review of and recommended changes to family law forms which do not specifically relate to family law rules.

Proposed changes to the Florida Supreme Court from the Family Law Rules Committee include the following:

Rule 12.140, to require a hearing for dissolution of the marriage with limited exceptions in accordance with F.S. [sections] 61.052(2).

Ex parte hearings are to be reported or recorded, except in uncontested final hearings for dissolution of marriage, pursuant to rule 12.405.

Rule 12.490 provides clarification for general masters to conduct hearings to establish, enforce or modify financial provisions expressed in a domestic violence injunction.

Because of changes to Fla. R. Civ. P. 1.560, Fla. Fam. L. R. P. 12.560 was changed for conformity.

Rule 12.610 limits evidence unless the respondent is present in domestic and repeat violence injunctions.

Interrogatories pursuant to form 12.930(b) and (c) will require the inclusion of the legal description for real estate if the street address is not provided.

The committee has provided comments to the Supreme Court concerning the amendment of the Rules of Judicial Administration by requiring judges to notify the Department of Children and Family Services prior to a judicial determination or other adjudication when a child is the victim of abuse, abandonment, or neglect. If such notice is provided before an adjudicatory hearing is conducted, then the judge should not preside over such hearing, but is not disqualified solely on the basis of providing such notice following an adjudicatory hearing.

It is to be noted that the proposed rule changes have not been acted upon by the Florida Supreme Court at the time of this report. Coordination between the several rules committees (civil, judicial administration, and appellate) continues with coordination between the Family Law Rules Committee and the Family Court Steering Committee.

LARRY K. COLEMAN Chair

Federal Court Practice

The committee has had an active year which included a number of exciting projects and a revitalization of the committee. To begin, the committee rewrote its mission statement to more accurately describe the nature of the its current activities.

The primary project was the expanding and upgrading of its Federal Court Manual questionnaires. The committee had previously observed that the local rules for each district, while an invaluable guide for federal practitioners, did not always address logistical "nuts and bolts" concerns of the particular requirements for each individual judge. In an effort to improve the quality of practice and inform those members of the Bar appearing before the federal courts in this state, the committee embarked upon a project to compile a manual of judges' practices throughout the state. The questions covered a wide range of topics including pretrial and trial procedures in both criminal and civil cases. Judges also provided standard orders, biographies, and a listing of court staff, including law clerks.

The first manual, available only in print form, covered only a portion of the Southern District. The new manual covers every judge in the Southern District and the procedures of the clerk's office and the U.S. marshal's service in that district. In addition, a substantial number of judges in the Middle and Northern districts are included. We hope to publish the entire manual on the Bar's website or on one of the Bar section's websites beginning in the summer. The clerk's office for the Southern District will also publish those portions of the manual applicable to the Southern District on its website. Litigants filing cases in the Southern District will receive a printout of the questionnaire for the judge to whom the case is assigned. The committee plans to expand the manual in the coming year to include every judge in the Middle and Northern districts, and hopefully the clerk's offices and U.S. marshal's offices from those districts as well. We intend to include the procedures and biographies of the U. S. magistrate judges in the next manual.

The committee has also revitalized its highly acclaimed judicial roundtable program. This program will reprise at The Florida Bar's annual meeting on June 23 (2-5 p.m.), and will feature federal judges from all three districts in an intimate setting with practitioners. The three 45-minute sessions with each judge covering a variety of procedural and substantive issues will be followed by a moderated panel discussion of "hot topics." Copies of the manual will be available to all attending the program. The roundtable program would not be possible without the invaluable assistance of the committee's vice chair, Randee Golder, and the roundtable 2000 subcommittee, particularly Assistant U.S. Attorney Jacki Scola.

Liaison efforts were initiated this year with other committees of The Florida Bar and chapters of the Federal Bar Association around the state, particularly in conjunction with roundtable 2000. Each meeting of the committee has also featured a different federal judge speaking to the committee on a variety of issues affecting the courts.

Another of the committee's accomplishments this year was to convince the Board of Governors to change the terms of the representatives to the 11th Circuit's Judicial Conference to more properly coincide with the meetings of that body and ensure more effective participation by the representatives.

In summary, this past year has seen a new level of participation by an increasing number of committee members. The committee is excited about its future prospects and the assumption of additional projects in the year to come.

DAVID H. LICHTER Chair

Florida Bar Journal and News Editorial Board

Publishing 10 monthly issues of The Florida Bar Journal, a September directory, and two issues per month of The Florida Bar News kept the editorial board and staff on their toes.

The inclusion of e-mail addresses and facsimile numbers to Bar members' entries in the annual directory has been a welcomed addition to this already enormously valuable reference book.

Recognizing its duty to educate readers on issues of substantive law and practical concern to lawyers, the board published articles in the Bar Journal on such topics as attorneys' fees, the economic loss rule, Y2K litigation, multidisciplinary practices, and foreign sovereign immunity. The year also dedicated issues to special topics on alcoholism, depression, and addiction; law-related education; and the 50-year history of The Florida Bar.

"Roughly 15 percent of Florida Bar members will develop a problem with alcohol or drugs during their career. That translates to almost 10,000 lawyers at risk," said Richard B. Marx in the December Journal. With that statistic before it, the board decided that issues of addiction, depression, and alcoholism have a huge impact on the profession and wanted to feature this problem and the Bar's response to it through the Florida Lawyers Assistance, Inc. Through this publication, the board hoped more members who might be facing alcoholic problems would be inspired to seek help.

Then in January, the Bar Journal showcased the law-related education in Florida schools. Begun in the early 1980s, the program provides a foundation for rebuilding public trust and confidence in the justice system through its outreach to young citizens in the classroom. Editorial board members Gary Gaffney, Marzi Kaplan, and Ralph DeMeo served as review panel for the issue.

The April issue celebrated the Bar's 50 years of service to the public and profession. As President Edith Osman reminded us to "learn from the past and look to the future," this very special magazine devoted its cover and features to a chronological account of the genesis and progress of our professional organization. Articles on technology, discipline, the Bar building, and women and diversity within the membership as well as photos from our archives gave to all our readers an insightful look at The Florida Bar.

The Florida Bar News continues to be recognized as a model bar association vehicle for topical information about all levels of the organized Bar and current legal issues. Members use the News for information on continuing education seminars, legislation, official notices, law office announcements, classified advertisements, and Board of Governors actions.

The Bar's website (www.flabar.org) contains a searchable index to the Journal, lead Journal articles, and major News articles.

In addition to reviewing submissions for publication consideration in the magazine, the board sponsors a seminar at the annual meeting. Please join the board in Boca Raton on Thursday afternoon, June 22, for this year's program, Writing with Power and Professionalism. Organizing the seminar are Steve Lesser, chair, Judge Thomas G. Freeman, Peter Papagianakis, Gary Gaffney, Ralph DeMeo, and myself.

Serving on the Journal's Barbara Sanders Memorial Writing Contest Committee are Angelia Baldwin, Cleveland Ferguson III, Nancy Freeman, Peter Papagianakis, Laura Rotstein, Rafael Suarez-Rivas, Robert Sturgess, Lawrence Silverman, Gary Gaffney, Steven Lesser, and Valerie Itkoff. This yearly event presents a cash award and plaque to the winner.

Every member in good standing receives The Florida Bar Journal and News, a fact that underscores the editorial board's role as the vital link between the Bar and its readership. The editorial board is dedicated to its oversight of the Bar's official publications.

RICHARD E. FEE Chair

Grievance Mediation

The Grievance Mediation Committee is responsible for overseeing the implementation of the grievance mediation program approved by the Supreme Court in June 1998. This past year the committee continued its efforts to improve the efficiency of the program by increasing the number of approved mediators to over 100 statewide and by further streamlining the manner in which cases are selected for referral to mediation. Statistically the program has been a resounding success with nearly 80 percent of those cases that are referred to mediation resulting in a favorable resolution.

Among the goals of the committee for the upcoming year is the completion of a detailed analysis of the program in order to recommend to the Board of Governors changes that will make it more beneficial to Bar members and their clients. Areas being studied include what types of cases should be referred to mediation and whether additional staff or the appointment of a central administrator for the program would ensure uniformity in the way the program is administered in the branch offices. The committee also plans to continue expanding the pool of qualified mediators and is currently exploring ways to provide further training for those mediators. The committee has recommended an amendment to the rules to allow up to five hours of ethics credit for service in the mediation program.

The success of this program has not gone unnoticed. The program itself was nominated for the Ninth Timer Powers Dispute Resolution Leadership Award given by the Florida Conflict Resolution Consortium. In addition, former Chair Arden M. Siegendorf and member Avi Carmel were nominated for the consortium's Seventh Excellence in Conflict Resolution Award. Avi was nominated for his unselfish efforts on behalf of the program, especially as a grievance mediator who alone was responsible for the successful mediation of over 100 cases in South Florida. Arden, who won the award, was honored for helping to concieve and implement the original pilot program and because his willingness to work long hours was only matched by his belief in the need for a dispute resolution process between the public and their attorneys.

My personal thanks to the committee and Bar staff for their ongoing dedication and hard work. Greater thanks is due to all of the grievance mediators throughout the state who have so graciously donated time. Your efforts on behalf of a program that so greatly benefits lawyers and clients is appreciated.

JOHN W. SALMON Chair

Immigration and Nationality Law Certification

The Immigration and Nationality Law Certification Committee has had a very busy, successful year. For the first time in its history, the entire committee was comprised of members who had taken and passed the certification exam. The committee addressed several emergent tasks which for the first time confronted the committee.

The largest number of certified attorneys from our specialty are due to apply for recertification in 2000. This is the first time our specialty will be required to apply for recertification. In the hopes that every immigration specialist will apply for recertification, early in the year, a letter was prepared to inform each attorney of the requirements for recertification. The Florida Bar mailed personal letters to each specialist informing each of his or her CLE status and of the requirements for recertification in 2000. A subcommittee was formed to prepare the recertification application. The challenges were many, but the subcommittee successfully and timely submitted the application to The Florida Bar. These applications will be mailed by the Bar in the spring.

Because the committee members had various opinions on the exam, it voted unanimously to change the exam's format. The exam specifications were amended, and the format was changed to provide both mandatory and optional essay questions. The committee agreed that this format allowed the applicant to stand out in a subarea of immigration law, while allowing the committee the ability to test mandatory areas in which the committee agreed all applicants had to demonstrate full competency. Therefore, for the first time, the committee gave applicants a choice in the questions they had to answer during the afternoon session of the exam.

The committee extensively debated the need to promote interest in our specialty. In the past three years, attorneys practicing immigration law have had to meet and adjust to the draconian amendments passed by the U. S. Congress in 1996. This has made the practice, more times than not, very depressing. These amendments to the Immigration Act have not deterred unscrupulous nonlawyers from harming many unsuspecting aliens. In an effort to protect the public, the committee promotes the certification of more attorneys. In this endeavor, many ideas were considered by the committee, some of which were successfully implemented this year. A brochure explaining the benefits and the requirements for certification in immigration and nationality law was designed by The Florida Bar. This brochure has been distributed at every immigration seminar throughout the state. The committee also began to invite federal government attorneys, including immigration judges, to apply for certification. The committee's efforts were successful, for all applicants for certification this year are from South Florida. In order to make the test more convenient to the pool of applicants, The Florida Bar agreed to give the examination in Miami, so the applicants would not have to travel to Tallahassee. The committee appreciates The Florida Bar's efforts to accommodate our specialty.

The committee also expresses its gratitude to the Florida Supreme Court and to The Florida Bar for the recent amendments to rule 10 of the Rules Regulating The Florida Bar. These rules provide harsher civil penalties, including fines and imprisonment, for the unlicensed practice of law. In our specialty, UPL has resulted in devastating effects to many aliens. The committee recognizes the tremendous efforts The Florida Bar has demonstrated throughout the years in curtailing UPL in the area of immigration.

The Immigration Law Committee could not have function without the assistance of John Tan of the Bar staff. More than in any other year, the committee relied on his diligent work, sometimes asking for the impossible. John, each member thanks you.

As vhair, I express my gratitude to all past chairs for establishing and guiding our committee throughout the years. I thank Vice Chair Ramon Carrion for heading the subcommittee on recertification, and for silently tolerating the demands placed on him. To each member, I extend my sincerest appreciation for your hard work and for giving this Cuban-American the privilege of chairing this year.

ADALSINDA LOMANGINO Chair

International Law Certification

The International Law Certification Committee has completed its second full year. Last year 22 persons were certified in international law.

Present requirements to sit for the exam provide that the applicant be engaged in the practice of law and be a member in good standing of a bar for not less than five years. The applicant has to demonstrate substantial involvement in the practice of international law during each of the three years immediately preceding the date of the application. The committee considered whether to "grandfather in" attorneys of prominence or lengthy experience in the area, but was unable to reach a consensus.

International law for the purposes of certification is defined as the practice of law dealing with issues, problems, or disputes arising from any aspects of relations between or among states and international organizations, as well as the relations between or among nationals of different countries or between a state and a national of another state, including transnational business transactions, multi-national taxation, customs and trade.

The substantial involvement requirement provides that the applicant has devoted more than 50 percent of his or her practice to international law. In addition, the applicant is required to show that during the three-year period preceding the application, he or she has completed at least 75 hours of continuing legal education in the field of international law. This requirement can be met through the attendance of seminars, through graduate school, lecturing at CLE seminars on international law, writing articles or books on international law, or teaching courses at law school.

Finally, the peer review requirement states that five other lawyers must attest as to the applicant's special competency and substantial involvement in international law.

The members of this year's Certification Committee are Thomas Baur, vice chair, Robin A. Abraham, John C. Bierley, Robert R. Hendry, Richard A. Jacobson, Andrew J. Markus, George C.J. Moore, and Thomas L. Raleigh III. All members have worked diligently to prepare a professional and thorough evaluation and examination process.

We have approved four people to sit for the March 9, 2000, exam. As of the date of this report, the number who passed is not determined.

The morning portion of the examination consisted of 150 multiple choice questions. In the afternoon, the examinees were required to answer one essay question from a choice of topics, including inbound transactions, outbound transactions, international trade, international litigation, and customs.

EDWARD M. JOFFE Chair

Judicial Administration, Selection and Tenure

The Judicial Administration, Selection and Tenure Committee deals with a wide range of matters regarding the judiciary. Prior to each legislative session, the committee reviews all legislative bills pertinent to the judiciary which have been prefiled and, where appropriate, will make recommendations to the Board of Governors.

Of particular concern is the question of obtaining and retaining qualified judges. Not only are the selection and retention processes monitored but also consideration is given to making judicial positions more attractive to qualified attorneys through benefits and compensation.

The committee concentrated its efforts this year in two areas and appointed subcommittees dealing with judicial benefits, judicial compensation, and the independence of the judiciary.

The judicial benefits and judicial compensation subcommittees were combined and charged with the responsibility of updating the committee's 1996 Judicial Compensation Report, including a judicial benefits package for judges. The 1999-2000 Judicial Benefits and Compensation Report was finalized and approved and sent to the Board of Governors with a recommendation that it be adopted as a Florida Bar legislative position. The Legislation Committee recommended to the Board of Governors that the report be sent back and revised in certain areas, but did recommend that the board take a favorable position in support of a general increase in judicial compensation, which the board did adopt as a legislative position.

The independence of the judiciary subcommittee prepared a "white paper and executive summary" dealing with many areas of maintaining judicial independence. One of the main conclusions of the "white paper" was supporting merit selection and retention for trial judges. The committee approved the "white paper's" conclusions and recommended to the Board of Governors that it adopt merit selection and retention of trial judges in the November 2000 election. The Board of Governors ultimately adopted a legislative position supporting merit selection and retention of trial judges.

In addition, the committee recommended the Board of Governors take a legislative position to keep the current judicial nominating system in place now. That, too, set the tone for the Bar's formal legislation position--which, except for advocating effective means to achieve racial, ethnic, gender, and geographic diversity--essentially seeks to maintain the status quo.

This committee provides guidance and leadership toward the improvement of the administration of justice and strives to maintain the integrity and independence of the judicial selection and retention process to ensure the highest quality of judges for the citizens of Florida.

WILLIAM L. ROBY Chair

Judicial Evaluation

The Judicial Evaluation Committee has had a busy year. The committee's program of evaluating Florida's judges has finished its second year and is half way into its third. The evaluation program, which provides a confidential dialogue between judges and the attorneys who appear before them, consistent with Fla. R. Jud. Admin. 2.051(c)(4), has been in existence since January 1, 1998. Participating judges have indicated that the feedback they received has been constructive and beneficial to the fulfillment of their judicial duties. (The evaluation program was the result of years of development and refinement, and, finally, obtaining the approval of the judges and attorneys who serve on the committee as well as The Florida Bar Board of Governors.)

Recently, a letter was sent to all chief judges requesting their support for the program by encouraging participation by the judges in their court. This has resulted in more judges participating in the evaluation program. The Bar, which staffs and funds the program, has forwarded--in strict confidence--over 10,000 completed evaluations to Florida's judges. The plan has proven itself easy to implement and beneficial in helping judges to see how they are perceived by those appearing in their courtrooms.

The committee will continue to monitor the program, looking for ways to improve it and increase participation by the judges and lawyers of Florida. Full participation will strengthen our judiciary and help us achieve our continuing and primary goal of better serving the citizens of Florida.

The committee is also in the process of updating the Bar's model judicial polling form, which is used by local bars. We are looking at various polling forms from other states. It is the intent of the committee to contact judges and members of the media to find out what they suggest being included in the poll. Since poll results, unlike our evaluation program, are made public, we want to make sure the Bar's poll meets the needs of the citizens of Florida.

JUDGE MARGUERITE H. DAVIS Chair

Judicial Nominating Procedures

The Judicial Nominating Procedures Committee serves as liaison between the 26 judicial nominating commissions. It conducts the JNC Institute which is an annual training seminar for new and old commissioners; keeps track of new legislation pertaining to the nominating process and merit selection; and recommends new procedures and/or rules to improve the nominating process, committee activities for this year included:

JNC Handbook. Every JNC commissioner is furnished a handbook which contains all pertinent information in carrying out their duties. Included are segments of Article V of the Florida Constitution; applicable Florida Statutes; Attorney General Opinions; overview of JNC process; Florida cases affecting the JNCs; and copies of all sets of the JNC Uniform Rules of Procedure.

JNC Newsletter. This publication was added to the materials received by each JNC commissioner. It provides useful information and keeps commissioners apprised of current activities in the nominating process. There is always a Q&A corner so that everyone can benefit from the exchange of information. It also provides notice to every commission concerning the institute or rules convention.

JNC Institute. William D. Palmer chaired this year's JNC institute which was held during our midyear meeting in Miami on January 12, 2000. This year's training came at the end of the nominating process where most of the commissions had already met to select nominees to fill the 32 new judgeships. The institute was originally scheduled for September but had to be rescheduled due to Hurricane Floyd. The program was changed somewhat due to most of the commissions having gone through the nominating process one or more times. After a short chair's training session, we concentrated on diversity and recruitment concerns during the nominating process. This was followed by a brief overview of the JNC handbook and procedures. The Governor's general counsel, Carol Licko, advised the JNCs of areas of concern by the Governor. The program ended with a legislative update by The Bar's general counsel, Paul Hill.

As a result of discussions held during the JNC institute, the JNPC drafted several rule changes concerning diversity and recruitment and submitted them to the JNCs. The JNCs then called a rules convention for the purpose of approving the suggested changes.

JNC Rules Convention. A rules convention was called for March 30, 2000, in Tampa for the purpose of considering four rule changes: One would require mandatory attendance at an annual training seminar; another would require the collection of demographic data of judicial applicants; the third would expand the advertising base for judicial applicants to specifically include minority and women's bar associations; and the fourth (for DCA JNCs only) would comport the uniform rules language with the amendment to the Constitution allowing the submission of "no fewer than three and no more than six" nominees for each vacancy in judicial office.

Each rule was discussed and voted on by representatives from all five DCA JNCs and 15 out of 20 circuit JNCs. All four rules changes passed with minor changes. The revised rule changes will be distributed to all commissioners.

Legislative Positions. This committee voted to take the following legislative positions:

* Urge The Florida Bar to actively campaign and support merit selection and retention of trial judges regarding the implementation of Revision 7;

* Oppose any effort to modify the Constitution regarding opening deliberations;

* Support making the "Mallory" fix;

* Oppose any change to the three current appointing authorities for each JNC;

* Oppose any change in the current sitting commissioners.

The Board of Governors formally adopted similar Bar positions.

This committee strives to maintain the integrity and independence of the judicial nominating process in support of merit retention and selection of judges.

PHILIP FREIDIN Chair

Juvenile Court Rules

This year, the Juvenile Court Rules Committee submitted a 189-page four-year cycle report to the Florida Supreme Court, containing proposed changes in over 80 Rules of Juvenile Procedure and forms. The proposed changes fall into three broad categories: 1) amendments to conform to changes in the law over the past several years; 2) ministerial corrections or stylistic changes; and 3) substantive changes to either conform juvenile practice to other areas of practice or to address matters raised by court decisions or by committee members.

Four-year Cycle: Delinquency. Proposed changes to the delinquency rules include a proposed new subsection (b) to delinquency Rule 8.030, Commencement of Formal Proceedings, and proposed Rule 8.031, Petition for Parental Sanctions. These changes will require the filing of a petition for parental sanctions when sanctions are sought against a parent as provided by F.S. [sections] 985.231(a)5, (1)(a)6, and (1)(a)9. These changes were driven by recent decisions. See, e.g., B.L. v. State, 737 So.2d 1131 (Fla. 1st DCA 1999), and A.G. v. State, 736 So.2d 151 (Fla. 1st DCA 1999). Other substantive changes to the juvenile delinquency rules include new Rule 8.041, Witness Attendance and Subpoenas, and a proposed amendment to subdivision (d)(1)(B) of Rule 8.060, Discovery, to conform practice in juvenile delinquency proceedings to those in criminal court, with appropriate modifications to reflect differences in juvenile proceedings. Proposed Rule 8.041 adopts the provisions of Fla. R. Crim. P. 3.361 and the proposed changes to 8.060 adopts the provisions of Fla. R. Crim. P. 3.220(h)(3) regarding where a deposition is to take place.

Additionally, a new subdivision (c) is proposed to Rule 8.115, Disposition Hearing, to specify the contents for a disposition order. The committee recognized that the contents of disposition orders have been the subject of many appeals. The amendment clarifies the requirements for these orders to ensure conformity with F.S. [sections] 985.231(1)(a)8.

Four-year Cycle: Dependency. In the juvenile dependency area, changes to Rule 8.245, Discovery, are proposed to adopt the following provisions from the Rules of Civil Procedure into juvenile practice, with appropriate modifications to reflect differences in juvenile practice: 1) Rule 1.280(b)(1) and (b)(5), regarding the scope of discovery and claims of privilege; 2) Rule 1.350, regarding production of documents and things for inspection and other purposes; 3) Rule 1.351, regarding production of documents and things without deposition; and 4) Rule 1.280(e), regarding protective orders. These provisions are intended to streamline discovery in juvenile dependency cases and eliminate the need for unnecessary costs, such as those associated with subpoenaing a records custodian to a deposition when document production is all that is desired. They are also intended to conform to actual practice in many jurisdictions.

Other proposed changes to the dependency rules include several proposed changes to 8.225, Process, Diligent Searches, and Service of Pleadings and Papers. Included in these proposed changes are an amendment to subdivision (a)(2) to allow subpoenas to be issued by an attorney of record for a party in conformance with Fla. R. Civ. P. 1.410(a); a new subdivision (c)(2), Notice of Assessment of Child Support, to ensure that parents receive adequate due process notice before child support is assessed; and the deletion the exception for "ex parte hearings" in subdivision (c) (3) as a hearing for which no notice is required.

Other Supreme Court Filings. The Juvenile Court Rules Committee also took positions in the Florida Supreme Court on several pending rule changes. Ward L. Metzer, past chair of this committee, filed a response to Amendment to Florida Rule of Juvenile Procedure 8.100(a), 24 Fla. L. Weekly S196 (Fla. Apr. 29, 1999), adopting Rule 8.100(a) on an interim basis, which permitted trial courts to conduct detention hearings in delinquency cases by audiovisual means. The committee made several suggestions to address perceived problems with this rule if should it be adopted on a permanent basis, and proposed an alternative rule. The proposed changes included a requirement that counsel for the child "must be allowed to be physically present with the child in the same location as the child." Additionally, the committee proposed that the child's parents or guardians "shall have the opportunity to be physically present with the child in the same location as the child." A decision is still pending from the Court.

The committee also filed a responses to an emergency petition to amend Florida Rule of Juvenile Administration 2.052, pertaining to resolving calendar conflicts, filed by Frank A. Kreidler. In this emergency petition, Mr. Kreidler seeks to have termination of parental rights cases placed at the highest priority in the event of calendar conflicts. In its court filings, the committee emphasized that under the current rule, TPR cases are effectively accorded the lowest priority of all cases in the event of a calendar conflict, but warrant a much higher priority since they involve constitutionally protected rights. The committee also asserted that the granting of the proposed changes would be consistent with the priority treatment of TPR cases before Florida's appellate courts. See Fla. R. App. P. 9.146(g). The chair participated in oral argument, held in January, and a decision is pending.

The committee held a special meeting in February to discuss proposed amendments to the Rules of Judicial Administration made by the Ad Hoc Committee on the Implementation of the Kayla McKean Act (which among other things, included judges as individuals who are required to report child neglect and abuse). The ad hoc committee was co-chaired by Judge Daniel Dawson, a long-time member of this committee. After much debate, the committee declined to take a position regarding several proposed changes to the Rules of Judicial Administration that would clarify how the reporting should occur, concluding that the changes will not directly impact the Rules of Juvenile Procedure at the present time.

Some issues on the agenda for the June meeting include proposed changes to a Rule 2.085, Rules of Judicial Administration, pertaining to time standards in juvenile cases to make the rule consistent with current law, and a proposal to create a new rule pertaining to masters in juvenile dependency cases. It has been a pleasure to serve as chair during this busy year, and especially to work with Ellen Sloyer, our wonderful Bar liaison, and our unofficial committee historian.

SARAH H. BOHR Chair

Law Office Management Assistance Service (LOMAS)

The committee believes that once again LOMAS has proven itself to be an excellent return on investment to Bar membership for their dues dollars expended in support of the program. LOMAS continues, in the words of the late Florida Bar president Samuel S. Smith, "to be that ounce of prevention that prevents a costly pound of cure" by educating Florida lawyers in areas of practice organization, risk management, and trust accounting which when taken together promote the Bar's professionalism goals.

In fulfilling its role as an oversight committee, a yearly review of the program is conducted at the first meeting of the year and recommendations or changes are made to reflect the diverse role that LOMAS plays assisting Bar members in the professional aspects of law practice management. The hallmark of this year's review was the deliberate initiation of new activities, and the improvement of existing ones, to meet the growing needs of our members. We also carried out a conscious program review to look at what the service does best, what could be done better, at higher levels, and in ways that increase the program's service and value to Bar members everywhere.

What follows is, in no particular order, a quick or summary review of some of the more significant happenings and activities of LOMAS during the last 12 months.

1) As a part of the Bar's efforts to reduce risks associated with Y2K computer hardware and software remediation efforts, LOMAS codeveloped and marketed the Y2K Resource Handbook & Planning Guide For Lawyers in conjunction with the Legal Technology Institute of the University of Florida Levin College of Law. The fact that many of the worst-case scenarios predicted for the start of the new millennium failed to materialize is a testament to the Bar's diligent efforts in this area.

2) Produced materials for and conducted on behalf of the Practice Management & Development Section and Florida Council of the Association of Legal Administrators a multicity basic course in law office management for the nonlawyer manager, named Who is in Charge Around Here?

3) Materially assisted with the development and marketing of The Florida Council of the Association of Legal Administrators, Practice Management and Development Section of The Florida Bar's Annual Survey of Law Firms Serving the State of Florida -- 1999 Survey. This statewide survey collects and reports the specialized salary and benefits information needed by large and small firms alike. The survey is an important tool for Bar members in evaluating and dealing with their firm's staff compensation and benefits structure.

4) Materially assisted with the development and presentation of, the Business Law Section's Can This Law Firm Be Saved?, a two-day strategic workshop.

5) Provided speaker(s) for every location of Practicing with Professionalism presentations throughout the year.

6) Participated as a speaker at this years Grievance Committee Institutes, and provided speaker(s) for Ethics School upon request.

7) Wrote on behalf of the Law Practice Management Section of the American Bar Association two chapters for the new edition of Flying Solo, 3rd Edition, Part II -- Before You Open the Doors, Leasing/Subleasing Space, and Choosing and Working with Other Professionals, What Expertise Do I Need?

8) Developed materials and represented The Florida Bar as a speaker on programs at:

a) Four law schools: University of Florida, Stetson, Nova, and Florida State University.

b) Seventeen local, county, and specialty voluntary bar associations.

c) Four chapters of the Association of Legal Administrators.

9) In partnership with the Young Lawyers Division, developed and produced a replacement for the videotape, Starting On Your Own, to be released in July.

10) With financial support from Lawyers Mutual Insurance Company, and technical support from the auditors of the legal division, developed and produced a replacement videotape for the best selling "How to Maintain a TRUSTworthy Trust Account" to be released in June of this year.

11) Conducted 48 voluntary, diversionary or disciplinary on-site consultations with law firms within the Florida.

12) Participated in "Meeting the Challenges" strategic plan of the Bar by addressing seven of the long range planning committee goals outlined. Additionally, prepared a special report addressing issues regarding the challenges of emerging cultural and technological shifts in the practice of law.

13) Added a number of competency-based monographs in the areas of: Client Relations, Law Office Operations and Law Office Technology to the LOMAS publication catalog.

14) The Florida Bar's web site continues to be an unparalleled source of information for members of the profession. LOMAS has continued to upgrade and redefine many existing informational offers in all realms of practice management including an astounding response to the posting of the department's Initial Client Interview Form.

15) The service continues to feel significant growth in the number of member requests for service. In Bar year 1999-2000, phone call requests to the service continued to exceed 10,000 requests, while e-mail requests jumped dramatically.

16) LOMAS, in conjunction with the practice management advisors of other state bars, continues to work on "best practices" responses, allowing for quick and thorough handling of frequently asked questions.

17) In a continuing effort to promote and expand "top-of-mind" awareness of the valuable service offered by The Florida Bar to its members there has been an exerted effort to continually be "in-the-news." This year you will find articles regarding LOMAS in: The Florida Bar News, ABA Journal, Warfield's Tampa Bay Review, and Lawyers Weekly USA, to name a few.

18) Produced for the Annual Meeting Committee at the Bar's Annual Meeting on June 21, 2000, a program entitled Stress Less and Enjoy Your Practice More: Do You Run Your Practice or Does Your Practice Run Your Life, and Reconciling IRS1099 Forms with Firm Tax Returns.

19) And last, but by no means least, a well qualified and experienced additional practice management advisor was added to the LOMAS staff. In January, Judith D. Equels joined LOMAS after working with the legal consulting company of Hildebrandt Inc. Judy has 20 years of experience in law office administration and has already proven to be a valuable addition.

The committee continues its attempts to enhance the visibility, credibility, and usefulness of the program to the members of the legal community through its liaison with other bar and law-related organizations at the local and state level. Yet, LOMAS continues to be described as "the Bar's best kept secret."

If, as the committee believes, its primary responsibility is to measure the LOMAS department's progress and success, then much of the task involves looking at things like its productivity, responsiveness, innovation, and knowledge base. We believe, as this report reflects, that the service has indeed been busy, productive and innovative and has been a excellent return on investment to the membership for their dues dollars expended in the support of the Law Office Management Assistance Service (LOMAS).

WALTER S. CRUMBLEY Chair

Law-related Education

The mission of the Law Related Education Committee of The Florida Bar has always been to promote effective law-related education programs in grades K-12, with emphasis on understanding the rights and responsibilities of citizens in a participatory democracy, i.e., good citizenship. During the 1999-2000 year, our committee continued its long-standing tradition of working closely with the Florida Law Related Education Association (funded with assistance from the Florida Bar Foundation IOTA program). The committee offered advise, assistance, and volunteers with many of the programs, activities, and projects, of the association including: a LRE Manual distribution to schools; a "We The People" competition (constitutional law); a high school statewide mock trial competition; Law Week activities; and "Project Citizen." For the future, the Law-related Education Committee will be focusing on the vast array of evidence at the state and national levels justifying increased attention to education and outreach efforts directed at our youth. The committee continues to believe that law-related education provides the foundation for combating eroding public trust and confidence while equipping our youngest citizens with the knowledge and skills to preserve and improve our democracy and its institutions. In that stead, law-related education will help rebuild public trust and confidence in the bar and the judiciary.

Continuing the year 1999 inception, the FLREA staff members engaged the committee members in mock class training on various law-related topics. Similarly, the committee teamed up with FLREA to showcase law-related education in a Florida Bar Journal special issue which was published in January 2000. Florida Bar President Edith Osman wrote a special introduction related to the theme of the special issue.

Keeping with tradition, the committee again this year revised and published the "Legal Guide for New Adults," which explains basic laws, focusing on the rights and responsibilities upon becoming an adult. This pamphlet, which is distributed to high school seniors each year, covers a variety of topics including driving, drinking, consumer protection, voting, and jury duty. The State of Florida Department of Education continues to pay the mailing costs.

One of the functions the committee continued to focus on this year was to act as a clearinghouse for law-related activities that are occurring across the state. Committee members are following up on the "Legal Guide for New Adults," to ensure that the pamphlets are being received and distributed to students. One of the continuing goals of the committee is to organize the information about law-related education activities throughout the state and to add a little more structure to individual efforts, so that continued participation by members of The Florida Bar is made easier and more effective.

NOEL G. LAWRENCE Chair

Lawyer Referral Service

The Lawyer Referral Service Committee had a very active and productive year. The committee focused on streamlining the administration of the service, and increasing public awareness of the service. Toward that end, the committee voted to revise the Lawyer Referral Service remittance fee structure to a straight 10 percent of attorneys' fees on the regular panel. This has enabled the staff to expedite and process the remittance fees received in a more time efficient manner, and increased income slightly.

To increase public awareness of the service, the committee designed a lawyer referral service magnet that includes the service's toll-free number and is shaped in the form of a telephone that will be disseminated to the public via Law Week events, public libraries, and courthouses.

To decrease the volume of calls that receive busy signals and increase the number of referrals made, the committee voted to hire additional staff to answer the referral service phone lines. The service is now at its full capacity of 11 part-time lawyer referral phone clerks. The additional staff has helped to decrease the percentage of calls that receive a busy signal to an all-time low of 9 percent. This has helped to fulfill the service's mission of increasing access to the legal system.

At the 2000 midyear meeting, the committee voted to put the Lawyer Referral Service on the Internet to enable the public to receive a referral 24 hours a day, seven days a week. This will help to increase the number of referrals made and decrease the amount of telephone traffic to make the service more available to the general public. Staff will work with The Florida Bar's information systems department in designing the Internet website for the service. The committee is also working with the department in putting all of the administrative paperwork for panel lawyers on-line utilizing the Internet E-mail, and PC fax options which will reduce printing and postage costs.

The committee is working with the Bar's public information department in increasing the visibility of the service on The Florida Bar's homepage and to make it more user-friendly and easier to find and access.

Also at the midyear meeting, the committee reviewed the Yellow Page advertising contract for the service and viewed presentations by Paradigm National Yellow Pages of Tampa, the present provider, and another out-of-state firm. It was determined that we should maintain the contract with the in-state company.

The Service had a banner year in 1999--108,447 referrals were made and 20,000 additional referrals were made to other public service agencies. The service had an excellent year financially with a net gain of $99,000 which was rolled over to the next fiscal year.

The committee will continue to recruit more attorneys to join the service, especially in underrepresented counties, and continue to increase public awareness of the service, and improve the operation of the service, and extend its reach on the Worldwide Web.

At the Bar's annual meeting in June, the committee will make plans for the 2000-2001 Bar year and discuss its goals and objectives for the 21st century.

BARRY A. STEIN Chair

Marital and Family Law Certification

The theme for this year seemed to be "peer review" for the Marital and Family Law Certification Committee. Each year more attention is given by the committee to comments from judges and attorneys who have knowledge of the applicants' trial skills and practice styles.

The Florida public deserves attorneys who possess more than the technical skills to present their cases to the trier of fact. These skills are wasted if the attorney drains client money and court time by chest pounding, bill padding, and failing to cooperate with opposing counsel.

Judges Jim Hauser and Sandy Karlan, proponents of collaborative law, generously gave their time to meet with the committee to discuss this issue. We began a dialogue on whether our trial requirement leads to over-litigation by those seeking board certification. In that discussion, we developed revisions to the peer review questionnaire to evaluate the level of cooperation the applicant demonstrates with opposing counsel and the court. Also from these talks, we found a need to better publicize that the results of peer reviews are strictly confidential and are never revealed to the applicants.

We felt the impact of an advertising campaign we began two years ago which resulted in requests for application forms rising from 97 for the 1999 exam to 136 for the 2000 exam. Interestingly, the number who completed the application remains nearly the same.

We worked to improve the examination by testing areas of changes to the statutes and Family Law Rules of Procedure. Proposed essay questions were closely scrutinized to ensure fairness in difficulty and in length of time necessary to answer. The method of scoring the essay questions was further fine tuned. Thirteen lawyers sat for the exam on March 8. The results of the test were not yet available as of the deadline for this report.

Each year, the Marital and Family Law Board Certification Committee continues to be the hardest working committee I have had the fortune to join. Tom Eineman, Melinda Gamot, David Garfinkle, Sally Kest, Rick Nail, Matt Nugent, Scott Rubins, and Richard West dedicate themselves to protecting the public and fairly evaluating the lawyers seeking certification.

I can't say enough about our Bar liaison, Cheri Morgan. She is tireless in her efforts on our behalf and is truly part of the family.

For those of you who are considering applying for certification, do it! You will find that the journey is as rewarding as the destination. Preparing for the exam will improve your knowledge and skills in a way that will make you a better lawyer for the rest of your career.

STANN GIVENS Chair

Media and Communications Law

The Media and Communications Law Committee started the year with an evaluation of the educational programs it offers to Bar members as well as the information services it provides to the public regarding media issues.

At a committee retreat, members discussed various ways to better serve the Bar and inform the public. The most significant proposal was a change in the committee's signature program, the Media Law Conference. The committee proposed that the one-day program take place during the Bar's annual meeting. With the support of Bar President Edith G. Osman, the Annual Meeting Committee approved the proposal. For the first time in its 26 years, the conference will take place in June during the Bar's annual meeting.

The conference brings together judges, lawyers, and journalists for an educational seminar. Jonathan D. Kaney III of Cobb Cole & Bell in Daytona Beach is serving as conference chair and Robert Dees of Holland & Knight in Jacksonville is co-chair. They have developed a program aimed at addressing the strained relations between the legal community and press, the latest developments in the law and cases affecting access to government records, government meetings, and court proceedings as well as a look at the issues emerging from use of the Internet and the convergence of media organizations.

The Media Law Conference will continue to serve as the forum for recognizing the winners of the annual Florida Bar media awards. In its 45th year, the awards will recognize the best work in legal affairs reporting by a large and small newspaper as well as by a radio and television station. Barbara Bolton Litten of Steel Hector & Davis in West Palm Beach is awards chair. Until this year, the award winner could designate a Florida institution to receive a scholarship from a grant provided by FLAME, The Florida Lawyers for the Maintenance of Excellence. The last of the scholarships was presented in April to Florida International University by committee member Thomas R. Julin of Steel Hector & Davis in Miami.

Another important project of the committee is the reporters' workshop. The workshop, in its 10th year, was held in September in Ft. Lauderdale. Workshop chairs Kent Brown and Cristina Pierson, both of Heinrich Gordon Hargrove Weihe & James in Ft. Lauderdale, organized the highly successful two-day program. It attracted 14 print journalists and 10 broadcasters. John Hargrove, also of Heinrich, Gordon, Hargrove Weihe & James, drew a powerful lineup of speakers --Florida Supreme Court Justice R. Fred Lewis, Sam Sheppard, son of Dr. Sam Sheppard, and Sun-Sentinel Managing Editor Ellen Soeteber. More than 30 judges, lawyers, and journalists took part as panelists.

Several members of the committee continued to serve in other important ongoing programs. Under the leadership of Thomas Hall, an attorney at the First District Court of Appeal, committee members updated the reporter's handbook and, for the first time, made it available on Bar's website, www.FLABAR.org.

Karen Kammer, Miami, and Susan Aprill of Holland & Knight in Miami continue to prepare educational materials for judges regarding court-related media issues. Kammer and Janet Munn of Steel Hector & Davis in Miami met with Broward Circuit Court judges to discuss issues related to court access during high --profile cases.

The committee would like to thank Barbara Bolton Litten and Beth Johnson of Holland & Knight in Tampa for their service as committee vice chairs and Chuck Tobin of Gannett Co., for his review of and recommendations to improve the reporters' workshop. We express our sincere gratitude to Jerry Butterfield and Toyca Williams of Bar's public information and bar services department for their guidance, hard work, and patience.

KATHLEEN L. PELLEGRINO Chair

Military Affairs

The scope and function of The Florida Bar Military Affairs Committee is two-fold: First, to gather and disseminate information, share expertise and advise the members of The Florida Bar on all matters relating to the practice of military law in Florida; and second, to serve as the link between The Florida Bar and the active duty, reserve, National Guard, and retired military attorneys within Florida. In support if this mission, the committee facilitates legal assistance programs for service personnel, retired members, and their dependents. Additionally, the committee promotes professional development of military attorneys, and fosters understanding and cooperation between The Florida Bar and the military legal community.

The highlight of the committee's activities for the year was the annual Military Law and Legal Assistance Symposium at the Bar's midyear meeting in Miami. The symposium featured presentations by Chief Justice Major B. Harding; Chief Judge for the U.S. Court of Appeal for the Armed Forces Susan J. Crawford; keynote speaker, Rear Admiral James S. Carmichael, who serves as chief counsel for the U. S. Coast Guard; University of Miami Professor Lee Schinasi; Executive Director of the Florida Department of Veterans Affairs Robin Higgins; and Judge Margaret O. Steinbeck, Lt. Colonel, U.S. Army Reserve. Captain Patrick N. Leduc, chief of the Legal Assistance Division, Office of the Staff Judge Advocate, Ft. Stewart, Georgia, was awarded the Colonel Clayton B. Burton Award for his outstanding dedication to serving the needs of Florida military members and their families.

The committee revised its 2000 Operation Stand-by Directory, a reference publication which enables military attorneys to contact Florida practitioners who possess subject matter expertise in various areas of Florida law. Moreover, the committee continues to oversee Operations Take One, a program which distributes informational pamphlets on specific legal issues to the various military bases throughout the state. Subcommittee work is also currently underway drafting legislation regarding termination of leases for military members. The draft legislation will be forwarded to The Florida Bar Real Property, Probate and Trust Law Section for review of this statute and possible recommendations for passage. The committee is also continuing its efforts to have the POW/MIA flag flown on public buildings within Florida.

JUDGE GREGORY P. HOLDER, COLONEL, USAFR Chair

Prepaid Legal Services

Rule 9-1.2, Rules Regulating The Florida Bar, codifies the long-standing policy of The Florida Bar to support the concept, and to actively encourage the establishment, operation, growth, and development, of legal services plans as one means of increasing a person's ability to obtain legal services at an affordable cost in order to have the opportunity to better gain access to the legal system.

Furthermore, by virtue of the provisions of Ch. 9, the Board of Governors of The Florida Bar is vested with jurisdiction to regulate the operation of legal services plans as so defined in Rule 9-1.3(e). In turn, except for the final approval of the establishment of plans which is specifically reserved unto the board in Rule 9-2.4, the board has delegated full and complete authority to regulate any and all aspects of the operation of plans to the Prepaid Legal Services Committee.

In general, the primary mission of this standing committee of The Florida Bar is both to review plans for compliance with the rules and regulations of Ch. 9 and promote the concept of plans to consumers and attorneys in the private bar, alike, in the state of Florida. In order to further its primary mission, the committee, during 1999-2000, once again undertook a wide and varied array of activities and projects.

First, in order to continue to make the provisions of Ch. 9 more "user-friendly" for prospective managing attorneys, as defined in Rule 9-1.3(f), with respect to the various types of filings authorized by Ch. 9, the committee unanimously approved two resolutions in September 1999, immediately following the 1999 general meeting, which was cancelled due to Hurricane Floyd.

The committee first resolved to adopt four new standardized forms and amend the initial set of six forms adopted by the committee during 1998-99. Then, seeking to more fully describe the overall process associated with its review of plans, the committee, pursuant to the provisions of Rule 9-3.3, resolved to adopt further and additional operating rules and regulations governing the establishment, operation, and conduct of Ch. 9 plans.

Second, in order to better inform consumers of both the existence and benefits of legal services plans, the committee undertook, for the first time in over a decade, a comprehensive review and analysis of the committee's public services brochure. This review resulted in a completely revised brochure, "Legal Services Plans/Legal Expense Insurance: Legal Alternatives for Consumers," which was reprinted for the public in October 1999. Many thanks are hereby extended to Christopher N. Giuliana and Thomas O. Michaels for their fine efforts on this project.

In its ever on-going effort to identify issues relevant to the operation of plans under Ch. 9, as completely revised by the committee, and approved by the board on April 3,1998, the committee began the process of fine-tuning various of the provisions of the rule this year. At the time of submission of this report, the chair was hopeful that a full set of proposed amendments to Ch. 9 would be included on the committee's agenda for vote during its 2000 annual meeting.

At the annual meeting, the committee, in conjunction with the Florida Lawyers' Legal Insurance Corporation, is scheduled to present a seminar, Legal Services Plans: Fundamentals, Practice, and Opportunities. This seminar is expected to feature such speakers as Daniel F. Mantzaris, the committee's vice chair, who shall discuss various ethical issues of import relative to an attorney's participation in plans.

In conclusion, I would kindly take this opportunity to publicly thank certain individuals who have made my tenure as chair these past two years quite enjoyable and rewarding. First, I would like to thank Rebecca M. Jones, Program Administrator, for her fine overall work and for her able assistance with the preparation of the second edition of the Members Handbook. I thank all members previously described, as well as Lou Ellen Combs, Irma V. Hernandez, and Paul F. Penichet for their enthusiasm, insightful comments, and diligent efforts with respect to the various projects completed during my tenure. It was certainly my privilege, and pleasure, to serve as chair.

JOHN SCHAEFER Chair

Professional Ethics

The Professional Ethics Committee is responsible for providing guidance to Bar members concerning professional ethics questions. The PEC issues formal advisory ethics opinions that are published in Professional Ethics of The Florida Bar. The formal opinions may also be accessed through the Bar's website at www.flabar.org. The PEC updated the ethics portion of the website this year by adding informational packets and quarterly ethics updates online. The PEC reviews informal written opinions issued by staff counsel and reconsiders them sua sponte as deemed appropriate or if the inquiring attorney seeks review of the informal staff opinion. In addition, the PEC sponsors an annual professional ethics seminar. The PEC was busy during the past year, meeting four times, and issuing several formal opinions. The PEC is staffed by the Bar's ethics department. The attorneys on staff research and draft informal staff opinions and maintain the tollfree ethics hotline for Bar members. In fiscal year 1998-99, staff attorneys issued 18,837 opinions on the hotline.

After an inquiry by the Board Review Committee on Professional Ethics, the PEC issued Proposed Advisory Opinion 99-2 which opined that an attorney hired by an insurance company to represent an insured could not reveal information relating to the representation of the insured to an outside auditor without the specific consent of the insured. This opinion was initially published in the Bar News on July 15,1999, for comment. After considering the comments made by the membership, the PEC voted to affirm the opinion on March 31, 2000.

In response to an inquiry by the Board Review Committee on Professional Ethics, the PEC issued Proposed Advisory Opinion 99-3 regarding members of the Bar entering into agreements with insurance companies to represent insureds where the attorneys' independent professional judgment and the insured's rights will be affected by restrictive billing practices imposed by the insurance company. The opinion was initially published in the Bar News on July 15, 1999, for comment. After considering the comments made by Bar members, the opinion was revised. The revised version of Proposed Advisory Opinion 99-3 was published for comment by members in the February 15, 2000, Bar News, and was affirmed, with modifications, by the PEC on March 31, 2000.

The PEC issued Proposed Advisory Opinion 99-4 in response to another inquiry by the Board Review Committee on Professional Ethics. Proposed Advisory Opinion 99-4 states that an attorney employed by an insurance company on a salaried basis to defend the company's insureds faces a potential conflict of interest. The proposed advisory opinion states that, absent an actual conflict, the attorney may ethically undertake the representation as long as the attorney reasonably believes he or she can adequately represent the insured's interests; the insured consents to the representation; the attorney's independent professional judgment is assured; the attorney honors the duty of confidentiality to the insured; and the attorney is not assisting the insurance company in the unauthorized practice of law. The opinion was initially published in the Bar News on July 15, 1999, for comment. After considering the comments made by Bar members, the opinion was revised. The revised version of Proposed Advisory Opinion 99-3 was published for comment by members in the February 15, 2000, Bar News and was affirmed with modifications by the PEC on March 31, 2000.

The PEC also reconsidered Opinion 79-7. Proposed Advisory Opinion 79-7 (Rec.) concludes that any pleadings or other papers filed in court that were prepared by an attorney for a pro se litigant must indicate "Prepared with the Assistance of Counsel." The proposed advisory opinion also concludes that an attorney-client relationship is triggered when an attorney prepares pleadings or other papers for a pro se litigant, even if the attorney does not appear as attorney of record. Proposed Advisory Opinion 79-7 (Rec.) was published for comment by members in the February 15, 2000, Bar News and was affirmed by the PEC on March 31, 2000.

The PEC also adopted a proposed advisory opinion regarding use of the name of an "of counsel" attorney in a law firm name on March 31, 2000. Proposed Advisory Opinion 00-01, based on an appeal of a staff opinion, concludes that it is permissible to use the name of an "of counsel" attorney in the firm name, if the "of counsel" is a partner who has retired from the firm, whose name was used in the firm name previously, and has maintains a traditional "of counsel" relationship with the firm by offering legal services only through the law firm. The proposed advisory opinion was published for comment in the Bar News and is expected to be revised by the PEC at the annual meeting.

The ABA appointed a commission to study the model rules and recommend changes to the rules. The ABA Ethics Commission 2000 circulated drafts of changes to many of the Rules of Professional Conduct for comment in September 1999 and March and April 2000. The PEC appointed a subcommittee, which made a detailed study of the draft changes, and made recommendations to the ABA Commission regarding adoption of the changes.

The Professional Ethics Committee's popular yearly CLE program addresses areas of ethics and professionalism of great significance to Bar members. The PEC again will sponsor a Master's Seminar on Ethics at the 2000 annual meeting.

The ethics opinion process continues to rate as the most desirable service on membership surveys. The PEC is committed to providing ethics guidance to Bar members. The PEC would like to thank the staff of the ethics department for their dedication, assistance, and support in providing such guidance throughout the year.

ELIZABETH M. SCHWABEDISSEN Chair

Professionalism

The Standing Committee on Professionalism entered into its eighth year of existence with a renewed commitment to maintain the momentum that has given Florida flagship status in the professionalism movement. The committee continues to work in partnership with the Supreme Court Commission on Professionalism and shares membership and resources in hosting a variety of projects in conjunction with the commission. The committee also depends on the resources and staff of The Florida Bar Center for Professionalism and works in concert with the center in its continuing legal education activities.

This year the committee was subdivided into six subcommittees in order to more efficiently focus on our several ongoing projects: the Historical Video Series; the Mentor Pilot Program; the Annual Professionalism Award; the annual Masters in Professionalism Seminar; the Student Essay Professionalism Award; and New Project Development. Many of our members also serve on a joint Diversity and Professionalism Committee which is comprised of members of the committee and the commission. With a large membership actively involved in professionalism efforts, we have striven to make professionalism education accessible to the entire Bar.

The Historical Video Series Committee has continued filming of outstanding members of the Bar and judiciary. A composite of past interviews is already available for continuing education programs; as are individual interviews of such noteworthy figures as Justice Rosemary Barkett; Justice Raymond Ehrlich; and Judge David Dyer. Our future plans include incorporating new interviews into a second composite video, tentatively titled Professionalism 2001, to enhance our continuing legal education resources.

The Mentor Pilot Program Committee has had a productive year. A programming handbook entitled "MAPP" has been developed and a training video hosted by the Judge William Hoevler has been taped. Three circuits have been chosen as pilot sites, First (Escambia, Ross Goodman, coordinator); 13th (Hillsborough, Judge Florence Foster, coordinator); and 11th (Dade, Michael Josephs, coordinator). The committee is committed to the mentoring process and the exciting possibilities of raising the level of professionalism by affording new attorneys the opportunity to mentor with trained, respected members of our Bar. The program has been approved for 15 hours of continuing legal education credit for participants.

The committee has been especially pleased with the response to our annual Masters in Professionalism Seminar held in conjunction with the annual meeting. The 1999 panel included Justice Barbara Pariente, Judge William Hoeveler, Wilhelminia Tribble, and Don Horn and incorporated the excellent video "The Silent Alarm." In an effort to maintain interest and pique intellects, our subcommittee chair, Chris Searcy, and his committee have undertaken the development of a new video with updated scenarios to be previewed at the 2000 Bar conference.

The committee's annual professionalism award goes to a voluntary bar, law school, or legal organization which exemplifies excellence in professionalism by a demonstrated commitment to enhancing professionalism through programming. This coveted award attracts an ever increasing number of applicants as Floridians demonstrate that they really do "get it" when it comes to professionalism. This award is given at the annual judicial recognition luncheon annual meeting. Past recipients have ranged from The American Inns of Court to local bar associations. The committee is chaired by Betty Morgan. We look forward to recognizing this year's outstanding recipient at the judicial luncheon.

The student essay professionalism award is a new project, chaired by Ross Goodman, undertaken by the committee this last year. The purpose of the award is to encourage law students to think professionally as they prepare to enter into the practice of law and also recognize law schools which produce students who have excelled in this area. The award will include both a cash award to the student as well as a traveling trophy to be awarded to his or her law school. The award ceremony will be held at the Florida Supreme Court.

The New Project Development Committee seeks to help keep our committee current in meeting the professionalism