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2014 LEGAL MALPRACTICE SUMMIT
SOUTHEAST
OCTOBER 10, 2014
8:30 am - 3:30 pm
110 Tower Building
110 SE 6th Street, Ft. Lauderdale, FL
6 Florida Bar CLE credits (Approval Pending)
A MESSAGE FROM FLORIDA LAWYERS MUTUAL
Welcome Summit Attendees
W
elcome and thank you for attending
the 2014 Legal Malpractice Summit
presented by FLMIC in partnership
with the Broward County Bar Association as
part of Florida Lawyers Mutual’s celebration of
its 25 years of service to its policyholders and
to the Florida legal community.
William E. Loucks
Legal malpractice insurance was either not
offered or prohibitively priced by insurance
companies due to a number of events and
causes that occurred in the late 1970’s and
early 1980’s. Those circumstances led to
The Florida Bar’s creation of Florida Lawyers
Mutual Insurance Company, a mutual
company owned by its policyholders, with
the primary mission of being a perpetual
source of professional liability insurance
and related services to qualified lawyers
who practice in Florida.
Florida Lawyers Mutual has fulfilled its
primary mission since issuing its first policies
in 1989. Additionally, during its 25 year
PRESENTED WITH:
Broward County Bar Association
The Broward County Bar Association, a not-for-profit
organization, was founded in 1925 to foster courtesy, ethics,
and professionalism among lawyers, to educate the citizens of
Broward County on their legal rights, and to provide necessary
legal services to Broward County’s residents.
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history, FLMIC has been significantly involved
in providing ways and opportunities to
improve the competency, ethics, civility and
professionalism of its policyholders and of
all members of The Florida Bar. FLMIC often
implements this goal by partnering with
various Sections, Divisions and Committees of
The Florida Bar and many local bar associations.
I am confident the Summit will be
informative and assist you in establishing and
implementing a successful risk management
and avoidance program within your law
firm. On behalf of its directors, officers and
staff, thank you for allowing Florida Lawyers
Mutual to be of service to you then, now and
tomorrow.
Enjoy the Summit with our best wishes.
William E. Loucks
CEO/President, FLMIC
Then, Now and Tomorrow
Officers
Ray
R
a Ferrero,
ay
Ferre
r ro
r JJr.r
Chairman
Ft. Lauderdale
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William E. Loucks
President/CEO
Orange City
Ava K. Doppelt
Secretary
Orlando
Philip A. Disque
Treasurer
Ft. Lauderdale
We’ve built our reputation on vigorously defending yours.
Jason A. Fogg
Chief Operating Officer
Oviedo
Visit Our Website
flmi c. com | 3
SUMMIT AGENDA
8:30 - 8:55 am
Registration
8:55 - 9:00 am
Welcome
John Jordan, Esq., President Broward County Bar Association
Juliet Roulhac, Esq., FLMIC Director
9:00 - 9:50 am
What To Do If You Have An “Oh, No!” Moment:
Overview of Legal Malpractice Claims and Professional Liability Insurance
Panelists:
M. Benjamin Murphey, Esq.
Deborah P. FitzGerald, Esq.
Wendy J. Stein, Esq.
10:00 - 10:50 am
Technology – Preventing Malpractice
Charles A. Morehead, III, Esq.
11:00 - 11:50 am
Case Law Update:
Panelists:
Emily Romano, Esq.
Kelly Vogt, Esq.
Cherine Smith Valbrun, Esq.
12:00 - 1:20 pm
LUNCHEON SPEAKER – The Honorable Judge Alan Forst, Fourth District
Court of Appeal
Introduced by Juliet Roulhac, Esq., FLMIC Director
Professionalism—A View from the Appellate Bench
Buffet Lunch for Attendees; Presentation to begin 12:20
(See Page 6)
1:30 - 2:20 pm
Avoiding Ethical and Malpractice Risks in the Courtroom
Moderator: D. David Keller, Esq.
Panelists:
The Honorable Judge William P. Dimitrouleas, U.S. District Court for the
Southern District of Florida
The Honorable Judge Jeffrey E. Streitfeld, 17th Judicial Circuit Court of Florida
The Honorable Judge Alfred J. Horowitz, 17th Judicial Circuit Court of Florida
2:30 - 3:20 pm
The ABCs of Bar Grievances
Moderator: Ken Joyce, Esq.
Panelists:
Alan Pascal, Esq., Florida Bar Counsel, Ft. Lauderdale
Kevin P. Tynan, Esq.
3:20 -3:30 pm
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Closing Remarks
Deborah P. FitzGerald, Esq.
Juliet Roulhac, Esq., FLMIC Director
PARTICIPANTS
The Honorable Judge William P. Dimitrouleas
The Honorable Judge William P. Dimitrouleas has been a United States District
Court Judge for the Southern District of Florida since 1998. Prior to that time,
he served as a Circuit Court Judge for the Seventeenth Judicial District of Florida
from 1989-1998. Judge Dimitrouleas began his legal career as an assistant public
defender and practiced for many years as an assistant state attorney. Judge
Dimitrouleas remains very active in Florida Bar Committees and the Broward
County Bar Association’s Sections and Committees. He graduated from the
University of Florida with a J.D. in 1975 and from Furman University with a B.A.
(magna cum laude) in 1973.
Deborah P. FitzGerald, Esq.
Deborah P. FitzGerald practices with the firm of Walton Lantaff Schroeder &
Carson LLP. Her practice is primiarliy in the areas of insurance defense, general
civil litigation and professional malpractice defense litigation, including lawyers,
accountants, real estate professionals, and appraisers. She is also a State of
Florida Certified Arbitrator and has presided over 25 arbitration proceedings in
Broward County Circuit and County Court matters. She is a past president of the
Broward County Bar Association and has served in leadership positions in other
legal organizations.
The Honorable Judge Alfred J. Horowitz
The Honorable Judge Alfred J. Horowitz is a Unified Family Court judge for
the Seventeenth Judicial Circuit of Florida. He earned his J.D. from Samford
University – Cumberland School of Law in 1975. Judge Horowitz was a partner
in the firm of Horowitz & Rolnick from 1986 to 1995 and later served as a
county court judge until his appointment to the circuit court in 2000 by former
Governor Jeb Bush. He is running unopposed for re-election in 2014.
Ken Joyce, Esq.
Ken Joyce is the Chair of the Seventeenth Judicial Circuit Professionalism
Panel and has also served on The Florida Bar’s Advertising Committee. He is a
partner with the firm of Lewis Brisbois Bisgaard & Smith LLP and focuses on
representing entities and individuals in business litigations. He also serves
as corporate counsel to several organizations and provides them with risk
management assistance in business disputes.
D. David Keller, Esq.
D. David Keller is President and a founding shareholder in the trial firm Keller
Landsberg P.A. for over 20 years, Mr. Keller has devoted a substantial portion of
his practice to defending lawyers and law firms in legal malpractice cases, and
counseling law firms on risk management issues. He is also currently serving a
three-year term on the Seventeenth Judicial Nominating Committee.
Charles A. Morehead III, Esq.
Charles A. Morehead, III has been a lawyer for over 29 years and a member
of the Broward County Bar Association since 1985. He currently servers as
its treasurer and has served on its Board of Directors since 2006. An equity
partner in Abramowitz, Pomerantz & Morehead P.A., he holds the highest “AV”
rating from the oldest lawyer rating group in the world, Martindale Hubbell. A
Board Certified Civil Trial Lawyer, his practice includes serious personal injury,
wrongful death, aviation accidents, legal malpractices, defective products of
all kinds, medical malpractice, automobile negligence and premises liability
claims.
M. Benjamin Murphey, Esq.
Benjamin Murphey is a partner with the firm of Lawlor Winston White &
Murphey with offices in South Florida and Las Vegas. He is a civil trial litigator
whose practice includes legal malpractice. Mr. Murphey is a gradutate of the
Shepard Broad Law Center at Nova Southeastern University and a member of
many legal organizations.
Alan Pascal, Esq.
Alan Pascal is Senior Bar Counsel at The Florida Bar in its Ft. Lauderdale Office.
He was previously in private practice and also served as an assistant state
attorney for the Seventeenth Judicial Circuit of Florida. He has litigated over
100 jury trials to verdict, and handled over 100 cases in the Supreme Court of
Florida on behalf of The FLorida Bar since 2005.
Emily Romano, Esq.
Emily Romano is an associate with Keller Landsberg PA and focuses her practice
in the areas of professional liability defense, insurance coverage, and personal
injury and property damage. Ms. Romano is originally from New York and
moved to Florida in 2004 to attend the University of Miami and later St. Thomas
University School of Law, where she earned her J.D. magna cum laude. She is a
member of the Broward County Bar Association and The Young Lawyers Section
of the Florida Bar.
The Honorable Judge Jeffrey Streitfeld
Judge Streitfeld has been a circuit court judge in the Seventeenth Judicial
Circuit of Florida since 1991. He earned his undergradutate degree from the
University of Maryland and juris doctorate from Stetson University College of
Law. He previously worked at Becker, Poliakoff & Streitfeld, P.A. and is a frequent
guest lecturer and a member of various Florida Bar Committees and Sections.
Kevin P. Tynan, Esq.
Kevin Tynan is a partner with the Tamarac firm of Richardson & Tynan,
PLC. He concerntrates his practice on representing attorneys and
other professionals with licensing issues. He is also recognized for his
knowledge of legal ethics and professional responsibility. Mr. Tynan has
been a member of the Broward County Bar Association since 1989.
Cherine Smith Valbrun, Esq.
Cherine Smith Valbrun concentrates her practice in complex commercial,
securities, and tort litigation matters. She has extensive experience in civil
litigation, including breach of contracts, employment issues and disputes,
commercial torts, and shareholder and partnership disputes. She also has
experience in drafting and negotiating commercial agreements. Ms. Smith
Valbrun was born and raised in Kingston, Jamaica, and provides legal advice to
Jamaican clients with legal disputes in Florida. She also actively participates on
several Florida Bar and Broward County Bar Associations Committees as well as
with other legal organizations.
Kelly Vogt, Esq.
Kelly Vogt is an associate with the Ft. Lauderdale firm of Walton Lantaff
Schroeder & Carson LLP. She practices primarily in the areas of insurance
defense, general civil litigation, and professional malpractice defense litigation,
including lawyers, accountants, real estate professionals, and appraisers. She is
a member of many bar associations and admitted to practice in the Southern,
Middle, and Northern District of the United States District Court of Florida, the
United States Bankruptcy Court, Southern District of Florida, and the United
States Court of Appeals, Eleventh Circuit. Ms. Vogt is Secretary of the Young
Lawyers Section, Broward County Bar Association and a member of the Junior
League of Greater Fort Lauderdale.
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GUEST SPEAKER
THE HONORABLE JUDGE
JUDGE
ALAN
O. FORST
Guest Speaker
Professionalism - A View From The Appellate Bench
ALAN O. FORST was appointed to a
judge position on the Fourth District
Court of Appeal by Governor Rick
Scott on March 7, 2013; he was administered the oath of office on April 8,
2013. Prior to this appointment, Judge
Forst served as Chairman of the Florida Reemployment Assistance Appeals
Commission/Unemployment
Appeals
Commission commencing in July 2001,
having been appointed to two terms
by Governor Jeb Bush and a third term
by Governor Charlie Crist. Prior to the
2001 appointment, Judge Forst was
an associate and partner at the Stuart, Florida law firm Crary Buchanan.
Earlier in his career, Judge Forst spent
over two decades in Washington, D.C.
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A graduate of the Georgetown University
School of Foreign Service and the Columbus
School of Law of the Catholic University of
America, Judge Forst served under Presidents Reagan, Bush, and Clinton in front office positions at the Departments of Justice
and Labor (special assistant to the Administrators of OFCCP and the Wage and Hour
Division), as counsel to the Vice Chair/Member of the Merit Systems Protection Board,
and as special assistant/counsel to Chairman Clarence Thomas at the Equal Employment Opportunity Commission. Judge Forst
was President of the Martin County Bar Association in 2007-08 and Chair of the Florida
Bar’s Labor and Employment Law Section in
2008-09. He resides in Martin County.
REGISTRATION
ALL DAY SEMINAR
*Complete one form for each registered participant
Name: First, Middle Initial, Last Name
6 CLE HOURS
INCLUDING ETHICS
& PROFESSIONALISM
(Approval pending)
Nickname
FT. LAUDERDALE, FL
8:30AM - 3:30PM
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Company
REGISTRATION FEE:
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or FLMIC Policyholders
$125 Others
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(Lunch Included)
LIMITED SEATING. REGISTER EARLY.
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Zip
E-Mail
Please check here if you are a BCBA member or FLMIC policyholder.
Please check here if you have a disability that may require special
attention or services. We will contact you for further coordination.
Please check here if you would like printed materials on the day
of the event. Otherwise, materials will be available on-line prior to
and during the Summit.
REGISTER PRIOR TO THE EVENT:
ONLINE: Fill out the registration form available at https://www.browardbar.org/
event-registration/?ee=171.
BY MAIL: Fill out and mail the registration form with a check to Broward County Bar
Association, 1051 Southeast Third Avenue, Fort Lauderdale Florida 33316-5010
(no later than October 2nd)
REGISTER DAY OF THE EVENT: (If space is available)
Fill out the registration form and make payment by check or credit card (American Express,
Visa & MasterCard only)
VISIT flmic.com or browardbar.org for more information
or call toll free 800-633-6458 (FLMIC)
954-832-3618 (BCBA)
flmi c. com | 7
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Advisor
Second Quarter 2014
Developing Leadership Skills -- A Risk Management Best Practice
by Juliet Roulhac, FLMIC Director
Florida Lawyers Mutual
Insurance
Company
(“FLMIC”) was created in
the late 1980s by a group
of visionary attorneys who
were in leadership positions
in The Florida Bar. These
visionaries saw a need to
provide Florida lawyers with
a perpetual, stable source
of professional liability
insurance during a period of
instability in the insurance
market. The insurance
crisis of the late 1980s left
Juliet Roulhac, Esq.
many attorneys with no
Ft. Lauderdale
choice but to practice law
without professional liability coverage, subjecting lawyers
to practice risks without a source of financial indemnity in
the event of a legal malpractice claim. The Florida Bar’s
leadership responded to the needs of Florida lawyers.
FLMIC celebrates its 25th anniversary this year and
continues to rely on the leadership of its Chairman, Ray
Ferrero Jr., and its Board of Directors, many of whom have
served on FLMIC’s Board of Directors since its creation
over 25 years ago, and many of whom have served in other
leadership roles in The Florida Bar and in their local legal
communities. Under the leadership of FLMIC’s Chairman
and Board of Directors, FLMIC has achieved its primary
mission during its first 25 years and will continue in its
efforts to support Florida lawyers in the future.
Similarly, attorneys provide the necessary leadership in
their firms and practices to provide clients with competent
legal representation and ancillary professional services.
Unfortunately, not all lawyers are born leaders. Leadership
courses are not required courses in law school. Thus, many
attorneys are forced to acquire and learn about leadership the
hard way through “on the job” training. Attorneys
who embrace and develop essential leadership
characteristics as a part of their day-to-day practice
of law will also have implemented risk management
practices for management and avoidance of legal
malpractice claims. Attorneys who fail in their “on
the job” leadership training and do not incorporate
risk management practices may find themselves
to be a defendant in a legal malpractice case, bar
grievance or both.
Effective leaders share common characteristics.
Mastery of these essential leadership skills is what
can help attorneys avoid legal malpractice claims as
well as bar grievances. This article will highlight
a few characteristics of successful leaders, which
also create a foundation for good risk management
practices.
Competence
“A competent leader can get efficient service from poor troops,
while on the contrary an incapable leader can demoralize the best
of troops.” John J. Pershing
Good leaders know the “ins and outs” of an
organization, what makes it tick and where the
proverbial skeletons are buried. Similarly, the more
attorneys know the law and understand their clients
as well as the business side of their practices,
the more likely they will be able to avoid a legal
malpractice claim or bar grievance filed by an
unsatisfied client.
Sole practitioners and attorneys who practice in
small firms are most vulnerable to being the subject
of a legal malpractice claim, according to the most
recent study by the American Bar Association’s
Standing Committee on Lawyers’ Professional
Liability. The 2011 Study found of the claims
(Continued on page 2)