andrew blaise sasso fl - ...apr 06, 2017 · andrew blaise sasso . address, city, state, and zip...

2014 CIRCUIT PROFESSIONALISM COMMITTEE REPORT FORM (Pursuant to Florida Supreme Court Administrative Order 6-11-98)

Due February 2, 2015

Name of Professionalism Committee: Sixth Judicial Circuit Professionalism Committee

Professionalism Committee Chair: J. Thomas McGrady, Chief Judge of Sixth Judicial Circuit

Chief Judge: The Honorable J. Thomas McGrady

Judicial Circuit: Sixth Judicial Circuit

Contact Person: Andrew Blaise Sasso

Address, City, State, and Zip Code: 625 Court Street, Ste 200, Clearwater, FL 33756

Telephone and Email Address: 727.441.8966- [email protected]

Please complete the information below regarding any activities and projects completed since June 30, 2014 (additional pages can be attached as needed):

1. Please list and describe professionalism projects the committee is presently working on or has completed.

See attached 1) program presented by the West Pasco Bar Association titled "Bring Professionalism to the Forefront," 2) program presented by the Barney Masterson Inns of Court and the St Petersburg Bar Association titled "Professionalism and Paddle Boarding," 3) program presented by the Clearwater Bar Association and St. Petersburg Bar Association titled "Wild, Wild West Bench & Bar-B-Que," 4) Sixth Judicial Circuit Administrative Order No. 2013-075 PA/PI-CIR regarding Professionalism Committee and Standards of Professional Courtesy, 5) program presented by the Clearwater Bar Association

titled "Professionalism Symposium 2015," and 6) program presented by the St. Petersburg Bar Association titled "Legendary Lawyers Professionalism Seminar: What do you want your legacy to be?"

mailto:[email protected]

2. Please list and describe any professionalism programs, conferences, symposiums, CLE's, luncheons, or banquets that the committee has conducted.

Please see above response to item numbered one.

3. Please indicate how often the committee meets to discuss professionalism initiatives. List past meeting dates and attach the minutes from the meetings if available.

Please see attached minutes.

4. Please list the names, and provide the criteria, for any professionalism awards offered by the committee and provide the name and credentials of the last recipient.

N/A (professionalism awards offered by local bar associations)

5. To assist in providing information to complainants regarding filing a complaint with your Local Professionalism Panel, the Center maintains a contact list for each circuit. To assure that we are providing accurate information to the public via our website, please provide the following information:

a) The name, telephone number, and e-mail address of the individual with whom complaints are filed in your circuit.

See attached list of contact attorneys- and- http://www.jud6.org/Lega1Community/Professionalism/Professiona1Standards.html.

b) A link to access the complaint form. If unavailable, please provide a hardcopy of the complaint form for potential replication.

Sixth Judicial Circuit Professionalism Committee does not use a complaint form.

c) The name and contact information for the Local Professionalism Chair in your circuit.

J. Thomas McGrady, Chief Judge of Sixth Judicial Circuit, Chamber 14, 14250 49th Street North, Clearwater, FL 33762

727.464.7457

d) The name and contact information for members of the Local Professionalism Panel in your circuit.

See attached list of contact attorneys- and- http://www.jud6.org/Lega1Community/Professionalism/Professiona!Standards.html.

e) The website or pamphlet that provides information regarding the Local Professionalism Panel in your circuit.

See attached list of contact attorneys - and - http://www.jud6.org/Lega!Community/Professionalism/Professiona!Standards.html.

http://www.jud6.org/Lega!Community/Professionalism/Professiona!Standards.html

6. Please list and describe any mentoring programs that are active in your circuit. If there is a website providing this information, please provide the link.

St. Petersburg Bar Association Mentor Program. The web site of the St. Petersburg Bar Association states:

The Mentor Program enables new lawyers to interact (by email, phone, or in person) with experienced attorneys who can offer their advice, beliefs, and recommendations about being a successful lawyer in today's society. While the program is designed to support newer lawyers in the practice, it is not necessarily designed to provide day-to-day assistance on pending legal issues.

http://www .stpetebar .com/?MentorProg

7. How does the committee disseminate information to the local bar (i.e.: newsletter, email, meetings)? If the committee distributes a newsletter, please provide a copy of the most recent edition with information on how to subscribe.

Web site of the Sixth Judicial Circuit, web sites of local bar associations, local bar associations programs (see above response to

item numbered one), and local bar association meetings.

http://www

8. Please provide any additional information not already requested regarding professionalism efforts by the committee.

Please mail or email a copy of your report to:

The Florida Bar Henry Latimer Center for Professionalism 651 E. Jefferson Street Tallahassee, Florida 32399 Phone: 850-561-5747 Email: [email protected]

Please submit your report on or before February 2, 2015.


E

West Pasco Bar Association

a

r and Trouble Creek Road)

12:00 12:45 West Pasco Bar Association with Lunch

Verizon Event Center

1:00 Welcome and Overview- Amanda WPBA President

Honorable Thomas Chief Sixth Judicial Circuit

Hour at the Florida Bar & Grill

Dennis DeV!aming,

1:15 - 2:30 Professionalism: Today and Tomorrow

Introduction: Moderator: Honorable Susan Gardner

Professor Roberta K. Stetson University of law

Jason Court Commission on Professionalism

Andrew Florida Bar Board of Governors

2:30-2:45 Break

2:45 .. 3:50 Scenes from "Just Another In Paradise" Death or Dearth of Professionalism

Moderator: Steve

3:50- 4:00 PIP

J.

4:00-4:30 with a

THE FLORIDA BAR 651 EAST JEFFERSON STREET

JOH!\ F. HARKNESS, JR. TALLAHASSEE, FL 32399-2300 850/561-5600 EXECUTIVE DIRECTOR \V\V\-\' .FLORIDABAR.ORG

Certificate of Accreditation for Continuing Legal Education

230516 February 17, 2014 West Pasco Bar Association Gary Davis 9020 Rancho Del Rio Dr. Ste. 101 New Port Richey, FL 34655

Intermediate 03/06/2014- 09/06/2015

Credits

General 3.0 Ethics 3.0

Please provide the attendees the above reference number so they may go online to ~~~~'--'-=~"'-'~=to report their completion of this program.

From: Tim Goodwin [mailto:[email protected]] Sent: Tuesday, November 04, 2014 10:42 AM To: Andrew B. Sasso Cc: [email protected]; [email protected]; Joelle Schultz; [email protected] Subject: RE: Barney Professionalism Programs Calendar Year 2014

Andy, Attached is the Flyer from this "Professionalism and Paddle Boarding" event which was co-hosted by the Barney Masterson Inn of Court and the St. Petersburg Bar Association. (Please note that there is a Scrivener's error in the date, it took place on May 9, 2014). This was the only event that the Inn did in 2014 that earned professionalism CLEs. Let me know if I can be of any more assistance.

Sincerely, Tim ('foodwin Attorney at Law

LAW OFFICE OF ROBERT ECKARD & ASSOCIATES, P.A. 3110 Alternate US 19 North Palm !Iarbor, 34683

(727) 772-1941 Facsimile: (727)771-7940 E-Mail address: [email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]:mailto:[email protected]

The Barney Masterson Inns of court and the st. Petersburg Bar Association Present

Friday, May 9, 201!)f 12:00 Noon to 2:00 PM Lunch & seminar 2:00 to 4:00 PM Paddleboard Experience BiLmar Beach Resort 10650 Gulf Boulevard, Treasure Island, FL

You know now you always seem to need Just a little bit more CLE towards tne end of your reporting requirement? Here is an easy and enJoyable way to satisfy your CLE requirements.

All lawyers will enJoy tnls seminar oriented to an practitioners. rnere wm also be a FREE Paddle for an attendees the seminar.

so come get 1.5 hours of CLE and enJoy an afternoon at tne beacn!

PROGRAM

12:00 - 1 :00 p.m. Registration and Luncheon (program begins 12:30)

12:30-2:00 p.m. Be a Professional in the Courtroom: An interactive program on

professionalism, the Norkin and Ratiner decision, Florida Bar

Rules and the Sixth Ciicuit's Professionalism Committee:

Presented by members of the Barney t"v1asterson Inns of Court

2:00 - 4:00 p.m. Adjourn to the beach for a FREE post-seminar Standup Paddle

experience!

HOW TO MAIL FAX ON-LINEthe completed completed form to from the Calendar at

REGISTER form wj check. 727-823-8166 www.stpetebar.com

___ All Attendees/Attorneys/Staff • Registration Includes ·············································· $50.00 1.5 Hrs. Ethics CLE

approved attendees $ and lunch ... Number of x 50.00 Name/1st registrant plus free 'Paddleboard

TOTAL: $ Firm experience following the seminar.

*All prices include lunch, Address • Register ON-LINE 1.5 hrs. Ethics CLE credit, from the calendar at:

and Paddleboard experience www.stpetebar.com

*Cancellations must be received Phone:------------in writing by Tuesday, May 6, 2014. Make checks payable to:

St. Petersburg Bar Check enclosed Email:------------ Association

2880 1st Avenue North _ Bill my MasterCardNisa/Discover St. Pete, FL 33713-8604 Names of additional attendees *For security purposes, to use a credit card

please register online at the calendar at Phone: 727-823-7474 www.stpetebar.com. For more information Fax: 727-823-8166 Names additional attendees contact the St. Pete Bar 727-823-7474. E-mail: [email protected]

mailto:[email protected]:www.stpetebar.comhttp:www.stpetebar.comhttp:www.stpetebar.com

~ PRESENTED BY C'MON DOWN TO THE CORPORATE SPONSOR ~ WILD, WILD WEST BENCH & WestlawNexr

BAR-B-DUB - No SuJTS! No TJES! No HEELS! THE ST. PETERSBURG & CLEARWATER BAR ASSOCIATIONS

PRESENT THE 2014 BENCH & BAR CONFERENCE

Friday, November 14, 2014 High Noon to 6:00 p.m. (Bonus CLE Session from 10:45 to Noon)

Stetson University College of Law 1401 61st Street South Gulf ort FL

The Bench Bar Conference is your opportunity to interact with the judges & lawyers of the 6th Judicial Circuit.

Featuring Hon. Scott M. Bernstein, Judge, 11th Judicial Circuit of Florida

10:45 to Noon+ Arrive Early for "Technology to Build Efficiency and the Competitive Edge." Bonus one credit CLE presented by WestlawNext.

Noon to 1 :30 + Wild, Wild West Bench & Bar Bar-B-Que & Vendor Fair

1 :30 to 2:55 + Fairness in the Courts Hon. Scott M. Bernstein, Judge, 11th Judicial Circuit

+ 6th Judicial Circuit Update & Pro Bono Recognition Hon. J. Thomas McGrady, Chief Judge, 6th Judicial Circuit

3:10 to 5:05 +Session I & Session II Breakouts: Civil, Criminal, Probate, Family, or Staff (J.A. and Staff breakout during Session I only)

5:05 to 6:00 + Reception in the Mann Lounge

MAIL FAX ON-LINEthe completed ompleted form to

form wj check. 727-461-0063 .clearwaterbar.org

St. Pete/Clearwater/West Pasco • Registration includes Bar Members ...................... $ 100 Bar-B-Que Buffet, Materia is

and Happy Hour! NameNon-Member Attorneys ..............$ 200 • Approved for 3.5 hrs. General Judges, Government Attys., Staff ..... $ 50 CLE including 1 Ethics CLE

credit; CJE credits applied for Firm LAW FIRM REGISTRATION (Not inc. WestlawNext CLEwhich is a bonus 1 hr. CLE)Only for St. Pete/Clearwater/West Pasco ---------------------- . Please complete the Bench Members and Government Attorneys! Address Bar Survey on the back of this Please register#__ attorneys and form or download the survey

from our website calendars at #__ staff from the firm indicated at right. www.stpetebar.com or

www.clearwaterbar.orgPlease provide a list of names with your registration. Phone: ------------

TOTAL: .................... $__ Make checks payable to: Clearwater Bar Association*Cancellations must be received in writing by 5 p.m. on

11110114 to qualify for a refund. 314 S. Missouri, Suite 107 Check enclosed Clearwater, FL 33756

_ Bill my Visa/MasterCard/Discover- for security Phone: 727-461-4869 reasons contact the Clearwater Bar for info on paying by Fax: 727-461-0063 credit card or register on-line at www.clearwaterbar.org.

o *Check here for the Bonus CLE

Please Note: For planning purposes please cotnplete the Bench & Bar Survey on the back of this form or download the survey from the website calendars at www.stpetebar.com or www. clearwaterbar. org and fax to 461-0063.

Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

http:www.stpetebar.comhttp:www.clearwaterbar.orghttp:www.clearwaterbar.orghttp:www.stpetebar.com

THE ST. PETERSBURG AND CLEARWATER BAR ASSOt:;IATIONS

2014 WILD~ WILD WEST BENt:;H & BAR·B·QIJE

THANK YOU FOR REGISTERING FOR THE 2014 BENCH & BAR CONFERENCE!

Please help us design a conference that addresses your areas of interest and concern

by taking a moment to complete this survey.

PLEASE FAX OR EMAIL THE COMPLETED SURVEY TO THE CLEARWATER BAR OFFICE

at 727-461-0063 or scan and email to: [email protected]

IMPORTANT! Please indicate your desired breakout sessions below for planning purposes.

Civil, Criminal, Family, Probate, or Staff Session (The Staff Session will be held only during the first breakout.)

FIRST SESSION: o CIVIL o CRIMINAL o FAMILY o PROBATE o STAFF

SECOND SESSION: o CIVIL o CRIMINAL o FAMILY o PROBATE

I. List any concerns you have about procedures or practices that tend to limit court access, take unnecessary time from your calendar or are just plain irritating.

II. Give one suggestion that you would like to see implemented by the ________ Famiiy, Probate, etc.

Law Division of the Sixth Circuit.

III. List one topic/issue you would like to see covered during the breakout session for:

List area of practice or staff

V. Additional comments-------------------------


IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2013-075 PA/PI-CIR

RE: PROFESSIONALISM COMMITTEE AND STANDARDS OF PROFESSIONAL COURTESY

On or about January 9, 1998, then Chief Justice Gerald Kogan of the Florida Supreme Court requested that the Chief Judge of each judicial circuit appoint a Circuit Committee on Professionalism. The Committee was charged with the overall responsibility of initialing and coordinating professionalism activities within the circuit and to assist the Commission on Professionalism.

On or about January 14, 1998, the Sixth Judicial Circuit Professionalism Committee was established. The Bench and Bar of the Sixth Judicial Circuit have historicaily maintained a high level of professionalism. That high standard was reflected in the Sixth Circuit Standards of Professional Courtesy and the Professional Implementation Procedures (PIP) Committee, first adopted in Administrative Order 99-46. Since that time the Circuit has had a PIP Committee designed to address complaints about professionalism problems on an informal basis. The commitment to high standards of professionalism in this Circuit was reaffirmed in Administrative Orders 2007-006, 2008-077, 2009-066, 2011-002, and 2013-046.

The Florida Supreme Court recently adopted a Code for Resolving Professionalism Complaints. In Re: Code for Resolving Professionalism Complaints, 38 Fla. L. Weekly S378 (Fla. 2013). The Court required each Chief Judge to establish a Local Professionalism Panel to receive and resolve professionalism complaints informally. The Sixth Circuit has had a PIP Committee to receive and resolve professionalism complaints informally.

Administrative Order 2013-046 was adopted, directing the Professionalism Committee to review the new Code and make recommended changes to the Sixth Circuit procedures to comply with the Code. After review of the new Code, the Professionalism Committee recommends Standards of Professional Courtesy be amended as reflected in Attachment A in order to bring the Sixth Circuit and its' procedures into compliance.

In accordance with the Chief Judge's authority under Article V, section 2, Florida Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes, it is hereby

ORDERED:

1. The Sixth Judicial Circuit Professionalism Committee ("Committee") will continue to operate in the Sixth Judicial Circuit ("Circuit").

2. The Chief Judge of the Circuit will continue to serve as the Chair of the Committee.

3. The following appointments to the Committee are continued:

a. Pasco Administrative Judge b. Pasco and Pinellas Appellate Division Administrative Judge c. Pasco and Pinellas Family Law Division (including Unified Family Court)

Administrative Judge

d. Pasco County Court Administrative Judge e. Pinellas Civil Division Administrative Judge f. Pinellas County Court Administrative Judge g. Pinellas Criminal Division Administrative Judge h. Pinellas Probate and Guardianship Division Administrative Judge i. State Attorney for the Sixth Judicial Circuit J. Public Defender for the Sixth Judicial Circuit k. Criminal Conflict and Civil Regional Counsel, Second District I. President of the Clearwater Bar Association, or his or her designee m. President ofthe St. Petersburg Bar Association, or his or her designee n. President of the Tampa Bay Chapter of the American Board ofTrial Advocates

(ABOTA), or his or her designee o. President of the West Pasco Bar Association, or his or her designee p. President ofthe Young Lawyers Division, Clearwater Bar Association,

or his or her designee q. President of the Young Lawyers Section, St. Petersburg Bar Association,

or his or her designee r. President of the Young Lawyers Division, West Pasco Bar Association,

or his or her designee s. Dean of Stetson University College of Law, or his or her designee t. Such others named by the Chief Judge of the Circuit for a term not to exceed

three years.

4. The Committee will:

a. meet quarterly to discuss the status of professionalism and professionalism activities in the Circuit;

b. issue an annual report each January to the Chair of the Supreme Court Commission on Professionalism;

c. on a periodic basis, offer Continuing Legal Education courses on professionalism; and

d. continue to designate a subcommittee to function as the PIP Committee.

5 ~ The Standards of Professional Courtesy and Implementation Procedures, \vhich are Attachment A to this Administrative Order, are amended and adopted to comply with the Code for Resolving Professionalism Complaints.

Administrative Order 2013-046 is hereby rescinded.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this __ day ofNovember 2013.

ORIGINAL SIGNED ON NOVEMBER 12, 2013 BY J. THOMAS MCGRADY, CHIEF JUDGE

ATTACHMENT A: The Standards ofProfessional Courtesy and Implementation Procedures

2

cc: All Judges The Honorable Bernie McCabe, State Attorney The Honorable Bob Dillinger, Public Defender The Honorable Ken Burke, Clerk ofthe Circuit Court, Pinellas County The Honorable Paula S. O'Neil, Clerk of the Circuit Court, Pasco County The Honorable Bob Gualtieri, Sheriff, Pinellas County The Honorable Chris Nocco, Sheriff, Pasco County Gay Inskeep, Trial Courts Administrator Ngozi Acholonu, Assistant Regional Counsel Nichole Alvarez-Sowles, Chief Operations Officer, Pasco County Clerk's Office Myriam Irizarry, ChiefDeputy Director, Pinellas County Clerk's Office Lillian Simon, Director of Administrative Services for Pasco County Dean Christopher M. Pietruszkiewicz, Stetson University College of Law Joseph F. Kinman, Jr., President, Tampa Bay Chapter ABOTA Bar Associations, Pasco and Pinellas Counties Law Libraries, Pasco and Pinellas Counties

3

STANDARDS OF PROFESSIONAL COURTESY

FOR THE SIXTH JUDICIAL CIRCUIT

Although not every lawyer will agree with every standard, these standards reflect an effort to continue decency and courtesy in our professional lives without intruding unreasonably on each lawyer's choice of style or tactic. Some of the guidelines may not apply in criminal proceedings, or where a specific judge has a different rule.

A. GENERAL

1. We will treat parties, counsel, witnesses, jurors and prospective jurors, court personnel and judges with courtesy, in writing and orally. We will avoid undignified or discourteous conduct. We will avoid disparaging personal remarks or acrimony toward opposing counsel.

2. We will not show marked attention or unusual informality to any judge, except if outside of court and supported by a personal relationship. We will avoid anything calculated to gain, or having the appearance of gaining, special consideration or favor from a judge.

3. We will adhere strictly to all express promises to and agreements with opposing counsel, whether oral or in writing. We will adhere in good faith to all agreements implied by the circumstance or by local custom.

4. We will not knowingly misstate, misrepresent, distort, or exaggerate any fact, opinion, or legal authority to anyone. We will not mislead by inaction or silence. Further, if it occurs unintentionally and is later discovered, we will disclose or otherwise correct it.

5. We will not demean opposing counsel in the course oflitigation unless relevant to the issues of the case.

B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME

1. We will communicate with opposing counsel to schedule depositions, hearings, and other proceedings, at times mutually convenient for all interested persons.

2. We will provide opposing counsel and other affected persons reasonable notice of all proceedings except upon agreement of counsel when expedited scheduling is necessary. We will immediately notify opposing counsel of any hearing time reserved.

3. We will request enough time for hearings and adjudicative proceedings to permit full and fair presentation of the matter and to permit response by opposing counsel. When scheduling depositions, we will schedule enough time to permit the conclusion of the deposition, including examination by all parties, without adjournment.

4. We will call potential scheduling problems to the attention of those affected, including the court, as soon as they become apparent. We will avoid last minute cancellations.

5. We will make request for changes only when necessary. We will not request rescheduling, cancellations, extension or postponements solely for the purpose of delay or obtaining unfair advantage.

6. We will cooperate with opposing counsel when conflicts and calendar changes are necessary and requested.

7. We will grant reasonable requests for scheduling, rescheduling, cancellations, extensions, and postponements that do not prejudice our client's opportunity for full, fair and prompt consideration and adjudication of the client's claim or defense.

8. First requests for reasonable extensions oftime to respond to litigation deadlines relating to pleadings, discovery, or motions, should be granted as a matter of courtesy unless time is of the essence or other circumstances require otherwise.

9. We will resolve subsequent requests by balancing the need for expedition against the deference we should give to opposing counsel's schedule of professional and personal engagements, the reasonableness of the

Sixth Circuit Administrative Order 2013-075- Attachment A

length of extension requested, opposing counsel's willingness to grant reciprocal extensions, the time needed for the task, and whether it is likely a court would grant the extension.

10. We will not attach unfair or extraneous conditions to extensions. We will impose conditions required to preserve rights that an extension might jeopardize. We may seek reciprocal scheduling concessions. When granting an extension, we will not try to preclude an opponent's substantive rights.

C. SERVICE OF PAPERS

1. The timing and manner of service should not be used to the disadvantage of the party receiving the papers. This includes the use of facsimile transmissions and any additional expedited means of communication approved by the court.

2. We will not serve papers to take advantage of opposing counsel's known absence from the office or at a time or in a manner designed to inconvenience an opponent, such as late on Friday afternoon or the day preceding a secular or religious holiday.

3. We will not serve papers, including briefs and memoranda, so close to a court appearance that the ability of opposing counsel to prepare for that appearance or, where permitted, to respond, is inhibited.

4. Service should be made personally or by facsimile transmission when it is likely that service by mail, even when allowed, will prejudice the opposing party.

D. WRITTEN SUBMISSIONS TO A COURT

1. In written briefs or memoranda, we will not rely on facts that are not properly part of the record. We may, however, present historical, economic or sociological data if the data appears in or is derived from generally available sources.

E. COMMUNICATIONS WITH ADVERSARIES

I. We will not write letters to ascribe to our opponent a position he or she has not taken or to create "a record" of events that have not occurred.

2. We will use letters intended only to make a record sparingly and only when necessary under all the circumstances.

3. We will not send letters between counsel to judges unless specifically permitted or invited by the court.

F. DISCOVERY

1. We will use discovery only when necessary to ascertain information, to perpetuate testimony, or to obtain documents or things necessary for the prosecution or defense of an action. We will never use discovery as a means of harassment or to impose an inordinate burden or expense.

2. We will file motions for protective orders as soon as possible and notice them for hearing as soon as practicable. Absent an agreement or court order a deposition may not be properly canceled due to a pending motion.

3. Prior to fiiing a motion to compel or for protective order, we will confer with opposing counsel in a good faith effort to resolve the issues raised. We will file with the motion a statement certifying that we have complied and been unable to resolve the dispute.

4. Motions to compel shall quote in full each interrogatory, question on deposition, request for admission or request for production to which the motion is addressed and the objection and grounds stated by opposing counsel.

DEPOSITIONS

5. In scheduling depositions, we will make reasonable attempts to accommodate the schedule of the deponent, but not at the expense of our client's rights.


6. We will not inquire into a deponent's personal affairs or question a deponent's integrity unless the inquiry is relevant to the subject matter of the deposition.

7. Vv'e will refrain from repetitive and argumentative questions and those asked so]e]y for purposes of harassment.

8. We will limit objections to those that are well founded and necessary to protect a client's interest. Most objections are preserved and must be interposed only when the form of a question is defective or privileged information is sought.

9. While a question is pending, we will not, through objections or otherwise, coach the deponent or suggest answers.

10. We will not direct a deponent to refuse to answer questions unless they seek privileged information, are manifestly irrelevant, are calculated to harass, or are not calculated to lead to admissible evidence.

11. We will not make self-serving speeches during depositions.

12. We will not engage in any conduct during a deposition that would not be allowed in the presence of a judicial officer.

DOCUMENT DEMANDS

13. In responding to document demands, we will not strain to interpret the request in an artificially restrictive manner in order to avoid disclosure.

14. We will withhold documents on the grounds of privilege only where appropriate.

15. We will not produce documents in a disorganized or unintelligible fashion, or in a way calculated to hide or obscure the existence of particular documents.

16. We will not delay document production to prevent opposing counsel from inspecting documents prior to depositions or for any other tactical reason.

INTERROGATORIES

17. We will avoid "gamesmanship" in answering interrogatories.

18. Objections must be based on good faith belief in their merit. We will not make objections in order to withhold relevant information. If an interrogatory is objectionable only in part, we will answer the unobjectionable portion.

G. MOTION PRACTICE

1. \Ve will make every reasonable effort to resolve the issue before setting a motion for hearing.

2. We will not force opposing counsel to make motions we do not intend to oppose unless circumstances require or the client requires.

3. After a hearing, we will make a good faith effort to quickly agree or disagree upon a proposed order and submit the result to the court. Unless otherwise instructed by the court, or agreed to by counsel, all proposed orders shall be provided to other counsel for approval or comment prior to submission to the court. We will not submit controverted orders to the court with a copy to opposing counsel for "objections within days". Courts prefer to know that the order is either agreed upon or opposed.

4. We will not use post-hearing submissions of proposed orders as a guise to reargue the merits of the matter.

H. EX PARTE COMMUNICATIONS WITH THE COURT AND OTHERS

l. We will avoid ex parte communications on the substance of a pending case with a judge before whom the case is pending.


2. If an ex parte application or communication is permitted, we will make diligent efforts to notifY the opposing party or a lawyer known or likely to represent the opposing party before making the application or communication. We will make reasonable efforts to accommodate the schedule of the lawyer so that the opposing party will be represented. We will make the application or communication only if there is a bona fide emergency whereby the client will be seriously prejudiced by a failure to make the application or communication on regular notice.

3. We will notifY opposing counsel of all oral or written communications with the court or other tribunal, except those involving only scheduling. We will provide simultaneously to opposing counsel copies of all submissions to the court by substantially the same method of delivery by which they are provided to the court.

I. SETTLEMENT AND ALTERNATE DISPUTE RESOLUTION

1. Unless there are strong and overriding issues of principle, we will raise and explore the issue of settlement as soon as enough is known to make settlement discussions meaningful.

2. We will not falsely hold out the possibility of settlement to adjourn discovery or delay trial.

3. We will consider whether the client's interest could be adequately served and the controversy more expeditiously and economically disposed of by arbitration, mediation or other forms of alternative dispute resolution.

J. TRIAL CONDUCT AND COURTROOM DECORUM

I. When a matter is noted for trial on a court calendar, it may be removed only with the permission of the judge.

2. We will conduct examination of jurors and witnesses from a suitable distance. We will not crowd or lean over the witness or jury. We will avoid blocking opposing counsel's view of the witness during interrogation.

3. We will address all public remarks to the court, not to opposing counsel. We will address objections, requests and observations to the court.

4. We will request permission before approaching the bench. We will submit all documents to opposing counsel for examination prior to submission to the court.

5. We will have the clerk pre-mark potential exhibits.

6. We will admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.

7. During trials and evidentiary hearings, we will notifY the court and opposing counsel of the number of witnesses and duration of testimony anticipated to be called that day and the following day (include depositions to be read). We will cooperate in sharing with opposing counsel all visual-aid equipment.

8. We will not mark on or alter exhibits, charges, graphs, and diagrams without opposing counsel's permission or leave of court.

9. We will accede to reasonable requests for waivers of potential formalities if the client's interests are not adversely affected.

10. In civil cases, we will stipulate all facts and principles of law which are not in dispute.

K. TRANSACTIONAL PRACTICE

1. We will draft letters of intent, memorializations of oral agreements, and written contracts reflecting agreements in concept, so that they fairly reflect the agreement of the parties.

2. We will point out to opposing counsel that changes have been made from one draft to another. If requested, we will identify those changes.


PROFESSIONALISM IMPLEMENTATION PROCEDURES

A. TERMINOLOGY

I. Initiator: The complaining party

2. Contact Attorney: The person who accepts referrals from various organizations, practitioners or the Initiator

3. Intermediary: The member of the PIP who the Contact Attorney calls to handle the complaint

4. Concerned Party: The attorney or judge whose behavior is the subject of the complaint

B. PROFESSIONALISM IMPLEMENTATION PANEL

The goal of the Professionalism Implementation Panel (PIP) is to handle complaints about professionalism problems in an informal and confidential manner, functioning almost as a mediation process without the formality of actually bringing the parties into contact with each other. These procedures are meant to address unprofessional conduct. Unprofessional conduct means substantial or repeated violations of the Oath of Admission to The Florida Bar, The Florida Bar Creed ofProfessionalism, The Florida Bar Ideals and Goals ofProfessionalism, The Rules Regulating The Florida Bar, or the decisions of The Florida Supreme Court. It also means violation of these Standards of Professional Courtesy or the Code of Judicial Conduct.

The PIP will handle complaints ofalleged unprofessional conduct in a confidential and informal manner on two levels, which will be through a Contact Attorney and an Intermediary. The PIP will initially consist of all members of the Professionalism Committee, who will also function as Intermediaries. Initially, four members of the PIP shaH function as Contact Attorneys, one for South Pinellas County, one for North Pinellas County, one for East Pasco County and one for West Pasco County. The number of Contact Attorneys and the membership of the PIP may be changed from time to time as deemed necessary by the Chief Judge. Recommendations for appointment to the PIP may be received from local bar associations, other professional organizations, judges, and practitioners. The Chair of the PIP shall be appointed by the Chief Judge.

The PIP is the "Local Professionalism Panel" as defined by Rule 1.5 of the Code for Resolving Professionalism Complaints (In re Code for Resolving Professionalism Complaints, No. SC13-688 (June 6, 2013)). Professionalism complaints may be initiated directly through PIP or through the Attorney Consumer Assistance and Intake Program (ACAP) of The Florida Bar, as prescribed by Rule 2.1 of the Code for Resolving Professionalism Complaints.

C. PROCEDURES

1. The Initiator is referred from various organizations, practitioners, or makes contact on his or her own with one of the Contact Attorneys"

2. The Contact Attorney, without making any judgments concerning the complaint, shall contact an Intermediary and describe the complaint. When contacting an Intermediary the Contact Attorney shall take into account the geographic location, area of practice and the position (Judge or Attorney) of the Concerned Party.

3. The Intermediary has the discretion to:

i. Contact the Concerned Party and discuss the complaint and secure a resolution.

ii. Consult with any other Intermediary on how to handle the complaint.

iii. Decide there is no unprofessional conduct or insufficient information upon which to act.

iv. Go outside the PIP to request that a Senior Judge, a sitting Judge, or a respected attorney contact the Concerned Party to secure a resolution.

v. Refer the complaint to the ACAP of The Florida Bar pursuant to the Code for Resolving Professionalism Complaints.


4. Once the matter has been informally resolved, a determination made that there is no violation, there is insufficient information upon which to act, or the matter has been referred to the ACAP, the Intermediary shall contact the Initiator to explain the resolution.

5. Confidentiality:

i. Except as provided herein, confidentiality shall be required throughout the process and there shall be no discussions of the matter beyond the Initiator, Contact Attorney, Intermediary, the Concerned Party, or any person engaged pursuant to paragraph 3 .iv above.

ii. The confidentiality rule in paragraph 5.i shall apply to complaints handled by the PIP. If a complaint is referred to the ACAP, Rule 3.5 of the Code for Resolving Professionalism Complaints shall superseded paragraph 5.i.

D. PIP MEETINGS AND REPORTS

The PIP shall meet from time to time to discuss the types of situations that have arisen and their resolutions, to discuss possible modifications in procedure or structure of the process.


PROFESSIONALISM SYMPOSIUM

2015

PROF~SSIONALISM: AN EXPECTATION

IN FLORIDA

THURSDAY. JANUARY 8, 2015

1:30PM- 4:30PM

SAFETY HARBOR RESORT & SPA 105 NORTH BAYSHORE DRIVE SAFETY HARBOR. FL 34695

3.0 GENERAL CLE CREDITS, INCLUDING 3.0 PROFESSIONALISM CREDITS

Symposium Chair

Christy Pemberton, Esq., Pinellas County Attorney's Office

1:30PM-1:35PM Greetings and Seminar Overview- Christy Pemberton, Esq. Pinellas County Attorney's Office

1:35PM-2:00PM Professionalism in 2015- Greg Coleman, Esq., The Florida Bar President

2:00PM-3:00PM Professionalism: An Expectation in Florida-Part 1-This segment begins by I

looking at how professionalism is defined and regulated before reviewing the

shift from professionalism being aspirational to an expectation. it will include

an interactive component to drive practical strategies for handling

unprofessional conduct. Linda 5. Calvert Hanson, Directot~ Henry Latimer

Center for Professionalism, The Florida Bar

3:00PM-3:10PM Break

3:10PM-4:15PM Professionalism: An Expectation in Florida-Part 2-The next segment focuses on why professionalism matters and the causes of unprofessional conduct, while exploring and reflecting upon the impact of professionalism in practice of law today through reflective exercises. Ms. Hanson

4:15PM-4:30PM When to Use the Professionalism Implementation Panel-Andrew Sasso, Esq., Contact Attorney, 6th Judicial Circuit Professionalism Committee

4:30PM Closing-Ms. Pemberton and Ms. Hanson

From: Melissa Byers [mailto:[email protected]] Sent: Tuesday, December 02, 2014 12:35 PM To: Andrew B. Sasso Cc: Lucas Fleming Subject: St. Petersburg Bar Association Professionalism

Mr. Sasso,

Good afternoon, I hope you're doing well! Per the request of the President of the St. Petersburg Bar Association Lucas Fleming, I have attached a professionalism seminar program that will be hosted by the Association and Foundation on February 27, 2015. Please let me know if there is anything else that needed regarding the Professionalism Committee request for information.

Warm Regards,

Melissa Byers Executive Director St. Petersburg Bar Association 2880 1st Avenue North

St. Petersburg, FL 33713 727-823-7474 (o) 727-667-4646 (c) www.stpetebar.com

Please consider the environment before printing this e-mail

http:www.stpetebar.commailto:mailto:[email protected]

Name: Professionalism Seminar: What do you want your to be? Date: 2015 Time: 1:00 to 5:00 location: Stetson of law Price:

the

1:00 to 1:10: Welcome and David former Chief of the Judicial Circuit. Oath of an overview of the program and lead a

Welcome remarks by Dean Susan Rozelle of Stetson of law.

1:10 to 2:00: The Positive

RE:ConductEnhancesthat with the Court- A discussion by

with a focus on conduct which will win credibility with the court and the sort of conduct that will result in a loss of credibility. The participating will include Chief J. Thomas John A. Frank Amy rv1. Williams and judge Stanley R. Mills. What could be more important to an attorney that being

by about conduct that will your credibility when in Court?

2:50 to 3:10- BREAK

3:10 to 4:00: Abuse: How it can be Minimized or Prevented & Methods of Back in a Professional Manner- A round table with

Plaintiff's William and Defense Schulte, learn from the of the panel about methods to combat the abuses of the discovery

process that have become ail too common. There are tools available to allow responses to those who distort the process that can streamline your to your cases on track VJithout unnecessary delays. from the audience will be welcomed.

4:00 to 4:50: Should Know About the Grievance Process: to Where is the line Between Zealous

has decades of with who have ended up involved in the

Morris Silberman of the Second District Court of Scott K. one of the most in Central Florida in

involved in the process; Sheila M. Tuma, Chief Branch Discipline Counsel for The Florida and, Sandra Fascell Diamond, member of the Board of Governors of The Florida Bar will address the role the Board of Governors in the process.

4:50 to 5:00: Closing Remarks

The friends ofMike Keane and Marty Rice, in order to honor them and prese1•ve their legacy of

professionalism, invite you to a progTam on the virtues and many benefits ofpracticing with professionalism

SAVE THE DATE

February 27, 2015

1:00-5:00

Stetson College ofLaw

Great Hall

St. Petersburg

ETHICS CLE CREDITS

Professionalism Committee Meeting

February 28, 2014

Notes

Welcome: Chief Judge McGrady

Update on Odyssey Case Management System:

Judge McGrady said that we won't know the go-live date for Criminal until March lOth or

thereabouts. Multiple stakeholders were not yet ready. The Courts and the Clerk's websites

will have updates.

Circuit Committee Professionalism Report forms: The group has reviewed the forms and agrees that it creates a public record. Several attendees

questioned who would be willing to participate in the process if these forms are filled out and

submitted. Andy Sasso gave some history about this development and explained the reporting

requirements ofthe P.I.P. to the Florida Bar. There was discussion among the group about

reporting procedures when a complaint is made to the panel.

Recent & upcoming seminars:

There will be an Ethics seminar in Pasco next week. Mr. McCabe asked how many participants

were expected. Larry Hart said they were expecting 200. He explained that is scenario based

with 5 vignettes; lawyers play the different parts.

The Clearwater Bar had a seminar recently; Myriam Irizarry gave a recap of the content.

Lee Greene is working with Judge Pamela Campbell to create a seminar with Stetson and the St.

Petersburg Bar.

New business:

Lee Greene asked: How do we reach those that really need this information? We are usually

"preaching to the choir."

There was discussion about the physical separation of judges and lawyers adding to a

professional separation. Judge Lauren Laughlin talked about technology limiting personal

contact (e-mails, e-signatures, e-filing}. Andy Sasso agreed. Lee Greene stated that without

personal contact, it's impossible to have professionalisrn. Judge McGrady suggested a future

seminar topic: Maintaining Personal Contact & Relationships in an Impersonal World (or some

variation). Larry Hart added that promoting professionalism requires peer pressure and implicit

in peer pressure is contact.

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August 8, 2014

Notes


Standing Committee on Professionalism questionnaire:

There was a brief discussion to answer questions from the Circuit Professionalism Working

Group. The local Bar Association websites were added to question #2. The list of contact

attorneys was verified. Various "marketing" methods for the P.I.P. were discussed.

201S Criminal Professionalism Seminar:

A May or June date is preferable-as always, a Friday afternoon. Anne Fussell to check on

availability at the SPC EpiCenter. There are new CLE requirements for Criminal that should be

included (also check to see when they are effective). Several possible presenters were

suggested: Mike Allen, Bob Bower, Charlie Rose. We will include Denis deVIaming's

presentation. Bob Dillinger suggested having a session at CJC for JAs, SAO and PD secretaries.

Bench & Bar:

November 14' 2014. There was discussion and explanation of the program. The speaker is

Judge Scott Bernstein.

Other recent or upcoming Professionalism seminars:

Judge Pamela Campbell is planning a seminar honoring Marty Rice and Mike Keen at Stetson.

There will be a cost and sponsorships. She will send out information as it is finalized.

Dan Perry announced that there will be a 3 hour Professionalism seminar put on by the

Clearwater Bar; it is free to members.

Greg Hoag will speak to the Board of Governors Young Lawyers Division about discussing P.I.P.

at future seminars.

Judge Crane added that the West Pasco Bar will present a seminar in March, 2015.

New business:

There was no other new business.

Project: Sixth Circuit Professionalism Committee Meeting Date: August 8, 2014

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October 31, 2014

Notes


Diversification of P.I.P. Panel:

Judge McGrady explained the need for diversity and expanded membership on the P.I.P. Andy

Sasso outlined the history of the P.I.P. Amanda Colon shared her concerns and a situation that

prompted her to suggest diversification. Judge Jack Helinger said he thinks it's a great idea to

expand by gender, area of practice, geography, etc. Andy Sasso would like to expand P.I.P. to

approximately 25 members and have a published list. There should be perhaps 8 contact

attorneys. Judge Dittmer asked who selects P.I.P. members and suggested that members of the

Professionalism Committee should submit names. Judge McGrady asked if anyone was

interested in being a contact person. Amanda Colon, Dennis DeVIaming, Lucas Fleming, Ita

Neymotin, and Greg Hoag volunteered. Judge McGrady said he hopes that all the committee

members who are not judges would act as intermediaries. Judge Crane agreed that committee

members should submit names after speaking with their choices to be sure they are interested

in serving. Judge McGrady will discuss this at the Bench & Bar. He also went over new

reporting procedures and stressed the informality of our method. Judge Meyer asked what

should be done if a Bar member were to approach a judge about another judge. Judge McGrady

said they should contact the Chief Judge. Joshua Chilson asked what numbers we are aiming

for? Answer: 9-10 contact attorneys and 25 P.I.P. members.

Bench & Bar November 14, 2014:

Judge McGrady reminded everyone to sign up. There will be Professionalism/Ethics hours.

legendary lawyers Professionalism Seminar February 27, 2015:

Judge Pamela Campbell explained the seminar honoring Marty Rice and Mike Keen. Proceeds

go to the St. Petersburg Bar Foundation.

2015 Criminal Professionalism Seminar:

There is a criminal course 1.5-2 hours that we will cover per the Supreme Court. Judge

McGrady asked if anyone had any conflicts in May/June.

Other upcoming Professionalism seminars:

Amanda Colon said the West Pasco Bar is having a seminar March 5, 2015 at the Verizon

Center-noon to 5 pm. It will cover Evidence/Technology and at least 1 hour of

Ethics/Professionalism credit. Judge Crane wili suggest that Pasco judges keep their afternoon

calendars light. Tampa Bay ABOTA will have a Civility and Professionalism seminar in

Hillsborough in May 2015 (no firm date yet).

New business:

There was no other new business.

EETING SIGN-IN SHEET

Sixth Circuit Professionalism Committee Meeting Date: October 31, 2014

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Contact Attorneys

Pinellas County-North Diyision The Honorable Robert Dillinger Public Defender 14250 49th Street North Clearwater, Florida 33762-2800 727-464-6516 [email protected]

Mr. Andrew Sasso, Esquire 625 Court Street, Suite 200 Clearwater, Florida 33756-5531 727-441-8966

[email protected]

Pinellas County- South Division Mr. Lee Rightmyer, Esquire P.O. Box 2861 St. Petersburg, Florida 33731-2861 727-821-7000 lrightmyer@carltonfields .com

Pasco County-West Diyision Mr. Larry Hart, Esquire 7614 Massachusetts Avenue New Port Richey, Florida 34653-3022 727-847-2737 [email protected]

Pasco County- EastDiyision Mr. Chip Mander, Esquire 14217 3rd Street Dade City, Florida 33523-3828 352-567-0411 Arm4 [email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]

2014 CIRCUIT PROFESSIONALISM COMMITTEE REPORT FORMBringing Professionalism to the ForefrontThe Barney Masterson Inns of court and the st. Petersburg Bar Association PresentC'MON DOWN TO THE WILD, WILD WEST BENCHIN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDASTANDARDS OF PROFESSIONAL COURTESYFOR THE SIXTH JUDICIAL CIRCUITPROFESSIONALISM IMPLEMENTATION PROCEDURESPROFESSIONALISM SYMPOSIUM2015PROF~SSIONALISM: AN EXPECTATIONIN FLORIDASAVE THE DATEProfessionalism Committee MeetingsContact Attorneys

andrew blaise sasso fl - ...apr 06, 2017 · andrew blaise sasso . address, city, state, and zip...

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