May 1, 2005 Notices
May 1, 2005 Notices May 1, 2005 Notices Notice Notice of intent to file petition to amend Rule 4-1.5(f)(4)(b) of the Rules of Professional Conduct Pursuant to Rule 1-12.1 of the Rules Regulating The Florida Bar, notice is hereby given that a petition to amend Rule 4-1.5(f)(4)(B) of the Rules of Professional Conduct will be filed in the Florida Supreme Court on June 29, 2005. The petition will request the Florida Supreme Court to amend Rule 4-1.5(f)(4)(B) by the addition of subdivision (iii) as follows: (iii) Notwithstanding the preceding provisions of subdivision (B), in medical liability cases, attorney fees shall not exceed the following percentages of all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants: a. Thirty percent (30%) of the first $250,000.00. b. Ten percent (10%) of all damages in excess of $250,000.00. In accordance with Rule 1-12.1 of the Rules Regulating The Florida Bar, any comments or objections to the proposed amendment must be filed with the Florida Supreme Court within 30 days of the filing of the petition. A copy of all comments or objections shall be served on the Executive Director of The Florida Bar and any persons who may have made an appearance in the matter. YLD board seeks to fill open seats The following seats on the Young Lawyers Division Board of Governors are open for a two-year term beginning June 24: Seat 1 in the First, Third, and Ninth circuits are available, as well as Seat 3 in the 13th Circuit and Seat 3 in the 15th Circuit. Qualified members of the YLD should send a letter indicating a desire to be considered for a seat to Jamie Billotte Moses, YLD president-elect, by May 15, c/o Austin Newberry, The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300. Applicants sought for jury instructions panel The Florida Supreme Court’s Committee on Standard Jury Instructions in Civil Cases will have up to eight vacancies at the end of 2005. Any lawyer licensed to practice law in Florida and any member of the Florida judiciary may apply for appointment. An application form can be obtained by e-mailing a request to Gerry Rose, The Florida Bar, at [email protected] Applications are to be submitted by June 24. Deratany petitions for readmission Todd Corey Deratany of Indialantic has petitioned the Florida Board of Bar Examiners for Bar readmission. Deratany resigned from the practice of law in Florida pursuant to a January 13, 2000, Supreme Court order under allegations he was attempting to sell and purchase cocaine, a felony charge. The Board of Bar Examiners will conduct a public hearing on Deratany’s application for readmission. All members of the Bar are invited to write to the board regarding their knowledge of Deratany, particularly in relation to his character and fitness for readmission. If you wish to be notified of the time and place of the hearing, please submit a written request to Eleanor Mitchell Hunter, Executive Director, Florida Board of Bar Examiners, 1891 Eider Court, Tallahassee, 32399-1750. Wiss petitions for Bar reinstatement Pursuant to Rule 3-7.10, Scott Lawrence Wiss of Massapequa, New York, has petitioned the Florida Supreme Court for Bar reinstatement. On November 29, 2004, the Florida Supreme Court suspended Wiss for 91 days nunc pro tunc to March 1, 2004, based upon discipline imposed in New York and New Jersey, for knowingly making a false statement of material fact or law to a third person; soliciting clients; committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice. He has since been reinstated to practice in New York and New Jersey. Anyone having knowledge bearing upon Wiss’s fitness or qualifications to resume the practice of law should contact Edward Iturralde, Bar Counsel, The Florida Bar, 661 East Jefferson Street, Tallahassee, 32399-0200, phone (850) 561-5845. Myrberg petitions for reinstatement Pursuant to Rule 3-7.10, Beverly Priscilla Myrberg has petitioned the Florida Supreme Court for Bar reinstatement. Myrberg’s suspension was effective June 12, 2000, and was for a period of 91 days as a result of her failure to communicate with clients and accepting fees without providing significant services. Any persons having knowledge bearing upon Myrberg’s fitness or qualifications to resume the practice of law should contact Vivian M. Reyes, Bar Counsel, Suite M-100, 444 Brickell Ave., Miami 33131, telephone (305) 377-4445. Cano petitions for Bar reinstatement Pursuant to Rule 3-7.10, Alice C. Cano of Santa Rosa Beach has petitioned the Florida Supreme Court for Bar reinstatement. Any persons having knowledge bearing upon Cano’s fitness or qualifications to resume the practice of law should contact Marsha Underwood, staff investigator for The Florida Bar, at (850) 475-5077 or (850) 418-5022.