The Summation, Winter 2019

THE

SUMMATION

On the Move p.7 Tax Cuts: Claiming Children p.14 Cybersecurity p. 15 Teen Court p. 19

LEVIN PAPANTONIO

Leads on National Opioid Litigation

WINTER 2019 | VOLUME 8, ISSUE 4 | ESRBA.COM

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4 | The Summation

Contents

Escambia-Santa Rosa Bar Association 260 South Tarragona Street, Suite 160 Pensacola, FL 32502 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009 Executive Director Jeff Nall jeff@esrba.com Member Services Coordinator Noah Jones noah@esrba.com

12

15

22

From the President

Page 5

Announcements

Page 6

On The Move

Page 7

News from the Board of Governors

Page 8

July 2019 General Bar Examination

Page 9

News from the Court

Page 10

News from the Clerk of the Circuit Court and Comptroller

Page 11

Levin Papantonio Leads on National Opioid Litigation

Page 12

Tax Cuts: Claiming Children

Page 14

Cybersecurity

Page 15

Pathways for Change

Page 16

Advice from the Bench

Page 17

Bottom Line

Page 18

Teen Court

Page 19

Alabama’s Pro Hac Vice Admission Requirements

Page 20

Snapshots

Page 22

Lawyer Referral Service Pat Atkinson lrs@esrba.com Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership.

Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor.

Due date for all advertisements, articles, and announcements is the first of the month for the issue you wish to advertise in.

Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing.

“The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.”

Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.

Gerald McGill Caroline Peterson Noah Jones Sheryl Lowenthal

Charlie Penrod Bara’ah Jaraiseh Codey Leigh Gina Milam

Allison Newton Shekka Drayton Christine Kelly Fausel

Owners Malcolm & Glenys Ballinger Publisher Malcolm Ballinger Executive Editor Kelly Oden Editor Will Isern Art Director Guy Stevens Graphic Designer & Ad Coordinator Bara’ah Jaraiseh Assistant Editor Kaitlyn Peacock Sales & Marketing Geneva Strange, ext. 21 Paula Rode, ext. 28 Visit our Website at www.ballingerpublishing.com Editorial Offices: 314 North Spring Street, Suite A Pensacola, Florida 32501 850-433-1166 | Fax 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher.

Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2019 Ballinger Publishing. All Rights Reserved.

Winter 2019 | 5

From the President

Legacy of the ESRBA Fall is finally here, and we are entering the Holiday season. Many of you will be traveling and others will be hosting family and friends in your homes. I hope you and your families take time to celebrate and share thanks for the freedoms our American justice system guarantees.

By Warren Todd

The Executive Council continues to focus on what we can do to make the Escambia-Santa Rosa Bar Association more valuable to our current and anticipated future membership. Some of the many ideas we have discussed include: . Identifying and effectively

communicating the benefits and opportunities of membership to existing and prospective members . Identifying better ways to connect at bar association events including our monthly meetings and other social events . Providing more opportunities for less formal social events and combining events with other bar-related organizations . Increasing member engagement opportunities especially with new members . Identifying and obtaining better speakers for bar association meetings . Creating formal policies for sponsorships of events In order to better identify specific opportunities and to formalize some processes, the Executive Council has formed two new committees: the Membership Committee and the Programs Committee.

Frederick Longmire is chair of the Membership Committee, and Christine Kelly Fausel is chair of the Programs Committee. Both chairs

are currently selecting members for their committees. If you have any interest or aptitude for either, please call Frederick or Christine for more information.

We are also in the process of creating formal policies and a pricing schedule for sponsorships at our bar events. In July, Aaron McCurdy attended the 2019 Florida Voluntary Bar Leaders Conference where sponsorship of bar association events was a significant topic of discussion. Although we currently have two regular sponsors at our monthly Bar Association meetings, we have learned that other local bar associations have been more effective at underwriting events and increasing the quality of events through sponsorships. This is a work in progress, but we hope to be in a position to cultivate and more effectively utilize sponsorships for the good of the association.

It is our goal to make the EscambiaSanta Rosa Bar Association more valuable to the membership, to improve the quality of our events, and to foster meaningful opportunities for fellowship and education. As always, if you have any ideas or suggestions for ways we can make the Escambia-Santa Rosa Bar Association more valuable to all of us, please share them with a member of the Executive Council or a member of the Bar Association staff.

I hope you and your families will have a safe and joyous Holiday season!

6 | The Summation

Announcements The Escambia-Santa Rosa Bar Association

Executive Council Officers President Warren R. Todd Vice President Heather F. Lindsay

- ESRBA will be closed December 23, 24, 25 and January 1.

- The United States District Court, Northern District of Florida courthouses and federal buildings will be closed on December 25 and January 1.

Treasurer Aaron T. McCurdy

- The courts of the First Judicial Circuit will be closed December 24, 25 and January 1.

Immediate Past President Steve Traylor

Young Lawyer Representative Kelsey Stone

The Executive Council and staff of the Escambia-Santa Rosa Bar Association wish its members, their families and the community, a wonderful holiday season.

Holiday Closures

Secretary Garrett P. LaBorde

Executive Council Jessica Etherton Rebecca Gilliland Christine Kelly Fausel Frederick V. Longmire Stephen Luongo Cecily M. Parker Joseph A. Passeretti Haley VanFleteren

Happy Holidays!

January ESRBA Meeting January 9, 2019 V Paul’s Italian Ristorante, 29 Palafox Place, from noon until 1 p.m.

The cost, which includes lunch, is $15 for Escambia-Santa Rosa Bar Association members and $18 for nonmember RSVP to esrba@esrba.com

The Escambia-Santa Rosa Bar Foundation

Board of Directors Officers President Adrianna Spain Vice President John “Buz” Windham Secretary & Treasurer Shekka Drayton Directors Stephen Echsner Kristin Hual Warren Todd Sheldon Bernau Jodi Dubose Jeremy C. Branning Steve Traylor Escambia-Santa Rosa Bar Association Young Lawyers Division

February ESRBA Meeting February 13, 2019 V Paul’s Italian Ristorante, 29 Palafox Place, from noon until 1 p.m.

The cost, which includes lunch, is $15 for Escambia-Santa Rosa Bar Association members and $18 for nonmember RSVP to esrba@esrba.com

President Emeritus T. A. Shell

Board of Directors Officers President Kelsey Stone Vice President Travis Morock

VA Stand Down Legal Service of Northwest Florida (LSNF) participated in the VA Stand Down on September 20, 2019. This marked their 11th year of participation in the event by sponsoring a clinic to assist veterans.

Additionally, they have been holding legal clinics in Escambia, Santa Rosa and Okaloosa counties to assist those who income qualify with legal matters. LSNF is always looking for volunteers to assist with monthly clinics, please contact Judy Naler ( Judy@lsnf.org) to assist. The next clinic will be in January at “Point in Time” Homeless Count event at the Salvation Army.

Secretary & Treasurer Shekka Drayton Past President Jessica Etherton Directors Caitlyn Miller Andrew Spencer

We’re Social! Connect with us on social media ESRBA FACEBOOK

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FACEBOOK.COM/ESRBAFL FACEBOOK.COM/ESRBAYLD TWITTER.COM/ESRBAFL LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION

Winter 2019 | 7

On the Move Adam Cobb of Emmanuel Sheppard & Condon has been board certified by The Florida Bar as a specialist in real estate law. Cobb is licensed to practice law in Florida, Alabama and Indiana (inactive), and regularly assists clients with all of their real estate development, buy/sell, financing, leasing, land-use and litigation needs.

Moves The law firm of DeMaria, de Kozan & White, PLLC, announces the association of John Mitchell de Kozan. Mitchell earned his B.A. in History from Rhodes College and his Juris Doctor from The University of Florida, Fredric G. Levin College of Law. Mitchell will concentrate his practice in the fields of estate planning and civil litigation. Mitchell is a member of The Florida Bar, Escambia-Santa Rosa Bar Association, Young Lawyers Division of the Escambia-Santa Rosa Bar Association, and the Pensacola Chapter of American Inns of Court.

Eric D. Schurger has opened a law practice in Gulf Breeze. He can be reached at P.O. Box 254, Gulf Breeze, FL 32562; (850) 712-4148; or edschurger@yahoo.com.

Manuel “Manny” F. Alvarez is now a partner at Cole, Scott & Kissane which is located at 890 South Palafox Street, Suite 200, Pensacola, Florida 32502. He can be reached at (850) 483-5900 or Manuel.Alvarez@csklegal.com.

Lauren A. Lewis is now at Lauren A. Lewis, P.A. Her office is located at 111 S. DeVilliers Street, Suite B, Pensacola, FL 32502. She can be reached at (850) 427-2888 or lauren@laurenlewis-law.com.

Jessica L. Scholl is now with Moore, Hill & Westmoreland which is located at 350 W Cedar Street, Suite 100, Pensacola, FL 32502. She can be reached at (850) 434-3541 or jscholl@mhw-law.com.

Cecily M. Parker is now with Beggs & Lane, RLLP located at 501 Commendencia Street, Pensacola, Florida 32502. She can be reached at (850) 469-3336 cmp@beggslane.com.

Ashley Taylor is now with the State Attorney’s Office which is located at 190 W Government Street, Pensacola, FL 32502. She can be reached at (850) 434-7122 orataylor@osa1.org.

Jerrilynn Hadley, PLLC is now located at 1600 N Palafox Street.

Sellers, Skievaski & Kuder, LLP is now located at 331 East Romana Street.

Eraclides Gelman is now located at 700 S. Palafox Street, Suite # 135.

Welcome New Members Matthew Shaud Escambia County Attorney’s Office mrshaud@myescambia.com Thomas Gore Zarzaur Law, P.A. Thomas@zarzaurlaw.com Zachary A. Wolff Law Office of Patrick Martin, Staff Counsel for GIECO zwolff@gieco.com Quinn Ritter Moore, Hill & Westmoreland, P.A. qritter@mhw-law.com Lauren A. Lewis Lauren A. Lewis, P.A. lauren@laurenlewis-law.com John Mitchell de Kozan DeMaria, de Kozan & White, PLLC jmdekozan@demariadekozanwhite.com Vanessa Moore City of Pensacola vmoore@cityofpensacola.com Christa Childers Hightower Law Firm christa@htowerlaw.com Craig Wood Michles & Booth, P.A. cwood@michlesbooth.com Donovan J. Lovelock Kubicki Draper, PA djl@kubickidraper.com Taylor Byrd: Cole, Scott & Kissane taylor.byrd@csklegal.com Jeffrey P. Gill Vernis & Bowling of Northwest Florida, P.A. jgill@florida-law.com Christina Chaves Office of State Attorney cchavez@osa1.org L.L. (Roy) Roane II Luther Collier Hodges & Cash rraone@lchclaw.com Patrick S. Beck Law Office of David Carroll psbeck@widener.edu

8 | The Summation

News from the Board of Governors From Jeremy Branning The Florida Bar Board of Governors met on September 20, 2019 in Destin.

The major actions of the board and reports received included: Approving a proposed voluntary registration program for online legal service providers, which is designed to protect Floridians who are increasingly turning to the Internet for their legal needs. The proposed amendments to Bar rules in support of the voluntary program submitted by the Committee on Technologies Affecting the Practice of Law are subject to Supreme Court approval.

The new Chapter 23 would provide minimum requirements for approved registrants, including permissible and prohibited communications, required consumer disclosures, permitted and prohibited charges, and how the voluntary registration is granted and revoked. The proposed program encompasses entities that are already operating in a largely unregulated space. An approved registrant may market itself as being “Registered with The Florida Bar;” but, it must disclose that it is not a substitute for the services of an attorney. Registrants may only use forms approved by the Florida Supreme Court, or that have been reviewed and approved by a Florida Bar member. Read the Florida Bar News article for more information.

Adding the Time Miner app, a retroactive time capture platform for professionals who bill by the hour, as a new member benefit with a significant discount to Florida Bar members. Please visit floridabar.org/ memberbenefits to learn more about the more than 70 discounted products and services available to Florida Bar members for practice and personal needs.

In responding to a request by the Supreme Court, the board voted to approve an amendment to Chapter 21, adding new subdivision (c). This amended rule, if adopted by the Supreme Court, would authorize a military spouse applicant to be certified by the Supreme Court to act as a certified legal intern while the application for certification as a military spouse lawyer is pending, and describes when the certification terminates. Official notice was published in the October 2019 Florida Bar News and the petition will be filed with the Florida Supreme Court on Nov. 1.

Upholding a decision by the Standing Committee on Advertising finding that a law firm’s billboard with the phrase, “ambulances chase us,” is misleading because it is both illegal and unethical for ambulance drivers to

solicit cases for lawyers, and because it is factually inaccurate.

Appointing Jessica M. VanValkenburgh of Stuart to serve the remainder of a three-year term ending June 30, 2022, on the Florida Legal Services, Inc., Board of Directors.

The 2020 legislative session begins on January 14. The Florida Bar will again be advocating for the profession and the courts. For the committee week schedule, information on bills of interest to the legal profession and Bar and Section positions, please visit floridabar.org/legislativeactivity. This Florida Bar News article covers the budget priorities of the court system, public defenders, state attorneys and other justice partners.

Winter 2019 | 9

JULY 2019 GENERAL BAR EXAMINATION OVERALL METHOD The Supreme Court of Florida has released the following bar examination statistical information developed by the Florida Board of Bar Examiners. These results apply to the July 2019 General Bar Examination administered on July 30-31, 2019 in Tampa, Florida. This datum applies to only those persons sitting for both Parts A and B of the examination in Florida for the first time.

Number Taking

Number Passing

Percent Passing

University of Florida Florida International Florida State University University of Miami Stetson University Florida Coastal Nova Southeastern University St. Thomas University Florida A&M University Barry University School of Law Ave Maria School of Law Non-Florida Law Schools Admitted to the practice of law in aanohter jurisdiction

13 10 20 24 24 22 26 33 22 30 17 117 241

11 8 15 16 14 12 13 16 10 13 7 40 171

84.6 80 75 66.7 58.3 54.5 50 48.5 45.5 43.3 41.2 34.2 71

Total

599

346

57.8

The Florida Bar Examination consists of the following: General Bar Examination (Part A and Part B) Multistate Professional Responsibility Examination Notice: The enclosed results reflect the performance of individuals on the July 2019 General Bar Examination. These statistical data do not represent an evaluation of the listed law schools.

10 | The Summation

News from the Court Judge John Miller

It has been said, “Change is a process; not an event.” That rings true in the First Judicial Circuit as we approach the end of 2019 and look forward to 2020.

Members of the circuit bench in Escambia County are preparing for several division rotations pursuant to Administrative Directive Order No. ECAD2019-04 entered by Administrative Judge Jan Shackelford, to take place effective January 21, 2020. The following judges will rotate from their current divisions to those indicated: Judge Linda L. Nobles shall be assigned to Division “A” Judge Thomas V. Dannheisser shall be assigned to Division “F” Judge Jeffrey L. Burns shall be assigned to Division “G” Judge Coleman L. Robinson shall be assigned to Division “J” Judge Lacey Powell Clark shall be assigned to Division “M” Judge Stephen Pitre shall be assigned to Division “P” In an ongoing review of best practices and, in consideration of judicial economy, I recently entered Administrative Order No. 2019-45

in which the Family Law divisions in Escambia will see a restructuring of the case assignment process. We have shifted assignments in Family Law cases back to the circuit judges and the magistrate. Earlier this year, we restructured use of our magistrates to accommodate Child Support Enforcement. This allowed use of only one magistrate for Family Law cases.

You may find these administrative orders and administrative directives on our website at www.FirstJudicialCircuit.org The circuit and county benches in Santa Rosa County will not see rotation or assignment changes in January. You may continue to rely on the current assignments of the judiciary in Milton.

In more news around the Circuit, Santa Rosa County voters approved the plan for construction of a new courthouse facility. Santa Rosa County commissioners worked diligently to procure property off of Avalon Boulevard which will provide for a more centrally located facility within Santa Rosa. We are all excited to watch the progress the County is making toward design and construction of a safer, more efficient, more technologically advanced, and effective court facility for use by citizens, members of the Bar, court staff, and the judiciary. While the ground-breaking ceremony was held

on November 13, 2019, our anticipated completion date is not yet determined at this writing. Suffice it to say – the construction of any building is a process; not an event.

Change happens. As your Chief Judge, I ask that collectively and individually we adopt an attitude of taking on the challenges change brings and approaching the challenges as opportunities - - opportunities for growth, for betterment, and for progress. And, allow me to thank you in advance for your patience, your continued feedback, and your acceptance as the Courts enter 2020 in committed service to each of you.

Winter 2019 | 11

News from the Clerk of the Circuit Court and Comptroller Pam Childers

The Clerk’s Role in Criminal Justice Data Transparency In 2018 the Florida Legislature passed and the Governor signed into law Senate Bill 1392. This act requires the Florida Department of Law Enforcement to compile, maintain, and make publicly available criminal justice data. To accomplish this increased transparency, the new law requires clerks of court, state attorneys, public defenders, county detention facilities, and the Department of Corrections to collect certain criminal justice data and report the data to the Florida Department of Law Enforcement.

The Legislature’s intent and policy behind Senate Bill 1392 is to “… implement a uniform data collection process and promote criminal justice data transparency.” In 2020, the criminal justice data collected by the Florida Department of Law Enforcement will be made available on a website maintained by the Department. The Department will publish the reported datasets for public viewing in a modern, open, and electronic format that is machinereadable. The new law requires the data to be searchable by each data element, county, and circuit.

The Clerk’s role in this new initiative is to collect and report to the Department 17 groups of data with 29 subparts. A closer look at the statute, now codified in section 900.05 of the

Florida Statutes, reveals that some of those subparts contain additional data elements that must be collected and reported by the Clerk. For example, the Clerk must report gang affiliation, drug type for each drug charge, and pretrial release conditions including the amount of bail and whether the defendant utilized a bond agent or posted a cash bond. After passage of the new law it was quickly realized that fixes were necessary. Most importantly, the new law brought to light that the data collected by arresting agencies throughout the state was not uniform.

To correct these deficiencies the Legislature passed House Bill 7125, which was officially signed into law by the Governor on June 28, 2019.

House Bill 7125 provided much needed definitions and, above all, requires the Florida Department of Law Enforcement to assist the Criminal and Juvenile Justice Information Systems Council to help develop a uniform arrest affidavit.

Currently, arrest affidavits, or arrest reports as they are commonly referred to, are not uniform throughout the state. Uniform arrest affidavits will help to facilitate complete, accurate, and timely collection of data from each arrest.

The Florida Department of Law Enforcement displayed a pilot

of the new criminal justice data transparency portal to the Florida Legislature in October of this year.

The Department’s website provides a graphical representation of the criminal justice data and is interactive based upon pull down tabs. The new site will also provide citizens the ability to download data and complete their own analysis. The Legislature may decide yet again to change the criteria based upon the October presentation as some representatives expressed concern for greater transparency.

Going forward, Clerks across the state will continue to play an important role in bringing added transparency to criminal justice data by reporting – for example – information regarding bond conditions and details related to sentencing. As time passes, the Florida Department of Law Enforcement will issue regulations and further informal guidance regarding reporting requirements. The Escambia County Clerk of Court continues to monitor the progress of this important transparency initiative and is working diligently to comply with the new law and any impending regulatory mandates.

Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller.

12 | The Summation

Levin Papantonio Leads on National Opioid Litigation

by Mollye Barrows Vigodsky

L

aw firms, regardless of whether they are large or small, can effectively use litigation to expose and change corrupt corporate culture. People are often injured, through no fault of their own, in car wrecks, slip and falls, or workplace accidents. Others suffer because they unknowingly used a bad product that ultimately poisoned, crippled, or killed them. From medical and financial malpractice to dangerous and defective products and environments, there are many ways people are physically, financially or emotionally damaged and they often seek legal counsel to help them find justice for the life-changing harm that has been done to them. Regulators are understaffed, outgunned, and underfunded to effectively enforce legislative mandates. Law firms often protect individuals when corporations focus on the bottom-line rather than consumer safety.

The legal cases attorneys choose to

handle can certainly benefit individuals and families, but in some instances the legal actions litigators bring present the opportunity to change corporate culture.

It’s for that reason the law firm of Levin, Papantonio, Thomas, Mitchell, Rafferty, Proctor, P.A. launched national litigation against the companies that made, marketed, and distributed opiates, the highly-addictive pain medication at the center of the deadly opioid addiction epidemic sweeping the United States.

The firm’s Opioid Litigation Team includes award winning trial attorneys Mike Papantonio, Troy Rafferty, Peter Mougey and Jeff Gaddy. According to firm partner Troy Rafferty, Levin Papantonio currently represents almost 20% of the U.S. population against the opioid industry.

“There was no question the firm was going to take on the case,” said senior shareholder, attorney Mike Papantonio.

“Every law firm, no matter how small, needs to ask themselves, ‘What is the legacy we leave?’ What did you do to change corporate culture in a significant way?’ And that’s what we’re talking about with the opioid case. We launched the national opioid litigation right here from Pensacola, Florida and from West Virginia.”

The firm partnered with West Virginia attorney Paul Farrell, Jr., who saw his hometown flooded with addictive pills and did the groundwork for what would become the basis of the lawsuit, applying public nuisance law to the opioid epidemic.

Working together with other partners, this consortium of law firms was the architect of the case against the distributors and is leading the litigation against the nation’s largest opioid distributors.

The complaint alleges that opioid manufacturers marketed and pushed highly-addictive and powerful pain pills for

Winter 2019 | 13

“

Every trial lawyer in their career should take on at least one case like human trafficking or getting a dangerous drug or product off the market. Sometimes you have to get out of your comfort zone.”

everyday pain and downplayed the risks, while distributors failed to properly monitor and sound the alarm over the enormous number of pills pouring into neighborhoods.

The result was the companies made billions while opioid addiction took a tremendous toll on the public.

Across the country, people are dying from drug overdoses in record numbers.

According to the U.S. Centers for Disease Control and Prevention, over the last twenty years drug overdose deaths have quadrupled and most of those dying are young and middle-aged adults abusing some kind of opioid. Some of the most recent federal statistics show that in 2017 more than 70,000 people died from drug overdoses, making it a leading cause of injury-related death in the United States. Of those deaths, about 68 percent involved a prescription or illicit opioid. Those are just the fatalities.

That same year nearly two million people were addicted to prescription opioid pain relievers and nearly 700,000 more had turned to heroin, a cheaper, street version of the powerful painkiller.

“The evidence uncovered in the litigation we initiated has exposed the breadth of the opioid epidemic and this transparency will lead to accountability,” said shareholder Peter Mougey.

The crisis has impacted people, families, and entire communities. Municipalities in states, counties, and cities around the United States have struggled to respond to the flood of issues brought on by the epidemic, including a sharp rise in addiction related emergency calls, like overdoses, crimes and mental health episodes. Nationwide, the cost is in the tens of billions of dollars each year when considering public healthcare, treatment facilities, law enforcement, criminal justice, and jail expenses. Resources that would normally go to building and sustaining local communities instead are drained to meet the growing financial burden brought on by the epidemic including reviving overdose victims, treating addicts, and caring for infants born dependent on opioids, as well as children

orphaned by parents and caretakers lost to the epidemic.

The Levin Papantonio law firm is representing more than 700 government agencies, including the City of Pensacola and Escambia County, against wholesale opioid distributors and manufacturers to recover the immense damages communities suffered as a result of the opioid epidemic.

The lawsuits are currently pending in the Northern District of Ohio.

The public nuisance strategy taken with the opioid litigation has already been successful. In the N.D. of Ohio, the judge denied the defendants’ attempts to dismiss the first case which settled the weekend before trial for over $300 million, to avoid what the Washington Post has described as the largest and most complex trial in the history of U.S. jurisprudence. Over 2,500 governmental entity cases still remain.

In Nevada, the state attorney general is also working with the firm’s opioid team to hold drug companies and distributors accountable for the wave of problems brought on by the deadly addiction epidemic, where opioid overdoses were the leading cause of drug-related deaths in 2015.

The Levin Papantonio law firm has a history of handling “David & Goliath” type cases. In 2017, Mike Papantonio and the firm’s C-8 trial team helped secure a $920 million dollar settlement against DuPont, related to the company’s West Virginia plant discharging the chemical PFOA (C8) into the air and water around the Ohio River Valley and exposing citizens to the toxic Teflon chemical.

Similarly, for the last 25 years Troy Rafferty has taken on the country’s largest pharmaceutical companies, righting corporate wrongs and recovering billions on behalf of consumers. This includes two recent jury verdicts of $150 million and $140 million against one pharmaceutical company.

The firm is also pursuing a case against the hospitality industry on behalf of victims of human trafficking for turning a blind

eye to the crimes being committed on their properties, as well as actively filing claims under the U.S. Anti-Terrorism Act against foreign banks that illegally financed Iran’s acts of terrorism during the Iraq War and in Afghanistan. The families, survivors, and dependents of U.S. veterans, service members, and civilian contractors who were injured or killed between 2003 and 2011 by Iranian-sponsored terrorism are entitled to seek compensation.

Peter Mougey has also recently recovered over $150 million dollars in damages for hundreds of citizens and business owners in Puerto Rico against the world’s largest investment banks in the Puerto Rican bond collapse. The firm continues to pursue claims against financial services company for misleading investors about the risks of Puerto Rico bonds and funds, which became worthless after the debt crisis.

“Every trial lawyer in their career should take on at least one case like human trafficking or getting a dangerous drug or product off the market,” said Papantonio.

“Sometimes you have to get out of your comfort zone.”

It is cases like these and the opioid litigation that inspire Mike Papantonio and the firm’s team and help create the legacy they want to leave. They choose to take on powerful corporations that put profits over people’s lives with the goal of holding them accountable and changing the culture that allows greed to endanger and consume citizens.

“When you’re here on this earth it’s important to do all you can do. Why be a lawyer?” asks Papantonio. “I’m not suggesting others take on all the cases we do, but everybody can take on one case and change culture. You can’t solve human trafficking and opioid addiction forever, but you can make it better while you’re here.

Mankind is dysfunctional and there will always be problems. It’s human nature to be corrupt. All you can do is focus on, ‘What I can do about this while I’m here.’”

14 | The Summation

Who Gets to Claim the Children, and Why it Matters by Christine A. Kelly Fausel

T

he Tax Cuts and Jobs Act of 2017 (TCJA) suspended the deduction for personal exemptions for tax years 2018 through 2025, so it doesn’t really matter who gets to claim the exemption, right? Wrong. Although a taxpayer cannot claim a deduction for a child, eligibility to claim an exemption remains important in determining who may claim the child for purposes of the child tax credit and the additional child tax credit.

To understand how this works and why it matters, it’s important to first understand some basic terminology. In Florida, we no longer refer to parents as “custodial” and “noncustodial” parents; under federal tax law, these are still key terms. Under federal tax law, the custodial parent is generally the parent with whom the child lived for the greater number nights during the year. The other parent is considered the noncustodial parent.

By default, the custodial parent is the parent who is allowed to claim the child tax credit and the additional child tax credit; however, by agreement, the noncustodial parent may claim these credits. This means that a marital settlement agreement or final judgment of dissolution of marriage may assign the child tax credit and the additional child tax credit to the noncustodial parent. When the noncustodial parent files his or her taxes, he must attach IRS Form 8332 signed by the custodial parent. IRS Form 8332 is the form that releases the claim to an exemption for a child (and, therefore, also the child tax credit and additional child tax credit) to the noncustodial parent.

While the child tax credit and additional tax credit may be assigned to the noncustodial parent under a marital settlement agreement or in a final judgment for dissolution of marriage, there are other credits that are not transferrable. These include the credit for child and dependent care, the health care coverage tax credit, and the earned income credit. Additionally, the custodial parent cannot transfer the right to claim head of household status to the noncustodial parent.

The reason the custodial parent cannot transfer these credits or the right to claim head of household status to the noncustodial parent is essentially the same in each case: each of the credits and the right to claim head of household status

requires that the child has actually lived with the parent for more than half the year. The tax law was specifically written so that the exception that allows a noncustodial parent to claim a child as a dependent for purposes of the exemption, the child tax credit, and the additional tax credit does not apply to determination of a qualifying child for purposes of head of household status, the earned income credit, dependent care benefits, or the health care coverage tax credit.

Federal tax law does not allow a noncustodial parent to claim head of household status based on that child. Federal tax law will also not allow a noncustodial parent to claim an earned income credit, the credit for child and dependent care, or the health care coverage tax credit for a child. Of course, noncustodial parents who have other qualifying children who live with them may be able to claim head of household status based on those children who live with them. They may also claim the children who live with them for purposes of the earned income credit, the credit for child and dependent care, or the health care coverage credit. They would just need to ensure they are applying the credits only to the qualifying children and not the children of whom they are considered noncustodial parents.

Addressing the dependency exemption also matters because TCJA will sunset in 2025 unless Congress acts to continue it.

If this happens, the Tax Code will revert to its previous state in which there is a deduction for each dependent. Many children who are minors now will remain minors in 2025, allowing parents to further reduce their tax liabilities.

Finally, I have included the following table to summarize which credits may be claimed by custodial and noncustodial parents: Credit/Status

Claimable by custodial parent?

Claimable by noncustodial parent?

Head of Household Status

Yes, if the child lived with the parent for more than half the year and other requirements are met

Never

Child Tax Credit

Yes

Yes, if the custodial parent signs a release of the credit via IRS Form 8332

Additional Tax Credit

Yes

Yes, if the custodial parent signs a release of the credit via IRS Form 8332

Earned Income Credit

Yes, if the child lived with the parent for more than half the year and other requirements are met

Never

Credit for child and dependent care

Yes, if the child lived with the parent for more than half the year and other requirements are met

Never

Health care coverage Tax Credit

Yes, if the child lived with the parent for more than half the year and other requirements are met

Never

Winter 2019 | 15

Cybersecurity For Firms And Business Owners by Codey Leigh, Esq. T he city of Riviera Beach Florida is located in the southern part of Florida, just north of West Palm Beach. As of the last census, Riviera Beach had a population of 32,488 and yet this small city was the victim of a cyber-attack.

On May 29, 2019, an employee of the Riviera Beach Police Department opened an email and clicked on a link that downloaded a file, infecting the City’s computer system.

The cyber-attack left city departments without access to emails, files, and phones. The attack was not just to cause chaos, but to extort money from the City in return for their data. The city of Riviera Beach had been hit with a ransomware attack.

The Cyber and Infrastructure Security Agency defines ransomware as a “type of malicious software, or malware, designed to deny access to a computer system or data until a ransom is paid.”

The ransom generally requested by the hackers is payment in the form of bitcoin, a hard to trace digital currency created in the early 2010s by an individual using the pseudonym Satoshi Nakamoto. In Riveria Beach’s case, the ransom demanded was 65 bitcoins, amounting to about $600,000 in U.S. dollars. The ransom was paid by the City, thankfully through the City’s insurance carrier. Once the ransom is paid, the victim, in this case the City, may access the data held by the ransom.

However, the damages usually don’t stop with the ransom payment. New computer hardware and software must be purchased to ensure future breaches do not occur.

Law firms and businesses

In the event of a breach of security, Florida requires notice to individuals whose personal information was accessed as a result of the breach, and if 500 or more individuals were affected then the covered entity must also provide notice to the Attorney General’s Department of Legal Affairs.

If the breach affects more than 1,000 individuals then the statute requires notice be sent to all consumer reporting agencies that maintain files on a nationwide basis. While are not immune to this type link will take you. If you don’t the statute doesn’t contain a of attack. In fact, DLA Piper, recognize the website proceed citizen-suit provision it does a global law firm, was hit with great caution. Lastly, state that a violation is “… with a cyberattack in 2017, invest in virus scanners and treated as an unfair or deceptive temporarily shutting down part keep an offline backup of your trade practice in any action of its operations. Thankfully, critical data. brought by the department…” there are a number of steps Unfortunately, even with This article is truly the tip that can be taken to lower your your guard up you may still be of the iceberg as it is impossible risk and improve your response the subject of an attack. It is to cover all preventative to a breach or attack on your also important to know your measures and legal obligations data. First you must know your legal obligations when you are in one short article. So, I’m enemy by understanding how the victim of an attack. To going to leave you with a some of these attacks can take start, all 50 states have adopted website that provides some place. breach notification laws. more tips to help you avoid One example of how such Florida’s breach notification a breach. SecureFlorida. an attack can occur is by law is codified in section org is an initiative of the planting a USB drive. A hacker 501.171 of the Florida Statutes. Florida Department of Law may leave a USB drive in the Section 501.171 applies to Enforcement and serves parking lot or on the campus of governmental entities as well to protect the citizens and a business or school. The USB as any sole proprietorship, economy of Florida by drive will contain malicious partnership, corporation, trust, reducing the vulnerability to software and when plugged estate, cooperative, association, cyberattacks. SecureFlorida.org into a computer will infect or other commercial entity offers many resources as well your firm or business network. that acquires, maintains, as best practices that you can To avoid this type of attack, stores, or uses personal share with your employees. I ensure that before plugging in information. In the statute, encourage all business owners any external media it is from a personal information has its to be aware and continuously trusted source. Attacks more own definition and includes provide cyber training to their commonly occur via email such things as a user name or employees as you are only as attachments or links. Even email address in combination strong as your weakest link. if you receive an email from with a password or security a trusted source think first if question. Personal information Codey Leigh, Esq. - General the email and attachments can also mean an individual’s Counsel for the Escambia County are anticipated. If the email first name or initial and their Clerk of Court and Comptroller is not anticipated you might last name in combination want to reach out to the sender with the individual’s medical The opinions expressed in this via phone. Additionally, you history, condition, or treatment. article are the author’s own and can also hover your mouse Thus, firms storing medical not those of the Escambia County pointer over the link to view information may want to take Clerk of Court and Comptroller. the embedded URL where the a closer look at the statute.

16 | The Summation

Pathways for Change

by Connie Bookman

mental health counseling for substance abuse, post-traumatic stress disorder, marriage and more.

P

athways for Change (PFC) began in 2003 when Connie Bookman, PFC founder and Pensacola activist, was presented the opportunity to teach classes and provide counseling in the Escambia County Jail. There Connie was introduced to 32-year-old Lina, who had been to prison twice and jail countless times. Lina’s backstory was complicated and her future bleak. Her mother died from a drug overdose when Lina was a newborn.

Lina and her two-year-old sister were adopted by a family that was led by a church Deacon. The Deacon and his brother, also a Deacon, began sexually assaulting the two girls soon after. When Lina was 14 years old, her sister committed suicide, and she subsequently fell into a life of drugs and prostitution. Lina’s abusive childhood and lack of trauma counseling resulted in a chronic addiction and numerous visits to jail. Connie and her team of interns knew that Lina needed more than weekly classes and counseling; she required and deserved an intensive treatment program.

The answer came in Tapestry, a therapeutic community within a maximum-security prison in Marysville, Ohio. Connie and her team became inmates for a week to learn this extraordinary mode of treatment. They returned to Pensacola and launched the Women Veteran’s Treatment Program, an 18-month, faith-based addictions treatment program called Pathways for Change. Lina was inducted into the first class in 2005 and graduated successfully in 2007. She relapsed when her son was murdered, was sent back to prison and will reenter our community in 2022. Connie still mentors Lina today.

It soon became clear that economic hardship due to lack of education and job skills was a chronic issue facing recovering addicts. To further complicate progress, many suffered from depression and anxiety as well as other symptoms of post-traumatic stress disorder. These recurring issues prompted PFC to further its mission and open The Family Center (TFC) in 2012. TFC strives to provide solutions to every barrier by providing educational and vocational training and life skill classes including anger management, parenting, tobacco cessation and financial planning. TFC also offers

In response to a critical need in Escambia County, home to four naval facilities and a strong military presence, Pathways for Change will expand current veteran services offered at the 2050 W. Blount Street location starting in 2020.

According to the 2019 National Veteran Suicide Prevention Annual Report, the 2017 suicide rate for Veterans was 1.5 times the rate for non-Veteran adults, after adjusting for population differences in age and sex. The Report continues that contributing factors include economic disparities, homelessness, unemployment, disability status, community connection, and personal health and well-being.

The TFC Veteran Family Program will provide Veterans and their families a unique curriculum comprised of educational presentations, group sessions and activities aimed to address each of these factors. Participants will also have access to established TFC programs in an effort to provide Veterans and their loved ones’ comprehensive support.

VOLUNTEER AND PRO BONO OPPORTUNITIES Pro Bono volunteer hours at PFC are available two locations: TFC and the Men’s Residential Treatment Center (MRT).

MRT is housed in the Escambia County Work Release Center. Volunteers are vital to the success of PFC and welcomed as mentors, educators and/or sponsors.

Winter 2019 | 17

Friendly Judicial Advice by The Honorable Ross Goodman When you respond to a Complaint, a Petition, a Request for Admissions, or Interrogatories, you have two options.

the opponent’s questions and your answers all in one place.

This may seem like a small, insignificant issue. How difficult is it for the judge to toggle between two documents, anyway?

In one case, it is not difficult at all. In hundreds of cases, thousands of pleadings, countless hearings, and thousands of Orders…well, it is APPRECIATED when Option Two is to quote the opponents’ the judge is spared the trouble. Moreover, I paragraphs, and after each quoted would suggest from a strategic position, this paragraph, either “admit” or “deny” or is also the better practice. Rather than your explain with some clarity those portions you opponent’s document controlling half the agree with, those portions you disagree with, narrative, you are in control of the narrative. and a brief explanation of your position.

Your response, and the basis for it, if giving a basis is appropriate, is all in one document: From a tactical standpoint, obtuseness, YOUR document. This obviates the need to evasiveness, and sleight of hand may seem even look at the opponent’s document. to be an inviting option, but ask yourself: to whom am I writing these responses? Yes, An example. I have a paternity action. of course, you are writing to the opponent.

The Response to the Petition was simply But, and here is the big BUT: you are also a numbered series of “admit” and “deny.” writing to the Judge. As the case progresses, I had to print out the Petition, then go your responsive pleading may never get through the Response, and match up the seen by the judge. If it IS seen by the judge, responses with the numbered paragraphs please have mercy on our busy lives. If you in the Petition. Not a big deal. But, take the first option, the judge has to toggle when I was through, it became clear that between the original pleading and your Respondent was admitting paternity and response to try to understand what you are was only contesting child support and time admitting and what you are denying, and sharing. Why, I pondered, did I have to go what you are taking exception with. If you through all that only to find out that the take the second option, the judge can see issues were narrow and limited?

One option is to go paragraph number, by paragraph number, and state “admit” or “deny” or as few possible words as you can get away with if your answer needs any explanation.

Was there anything procedurally wrong with the Response? Absolutely not. But it was irritating to have taken the time when a brief response from the Respondent would have brought instant clarity to the contested issues.

Please do not take this as an irritated response to one particular pleading. That would miss the point entirely. As a good communicator ...and a good litigator is a good communicator… you have to consider your audience. No judge wants, enjoys or appreciates obfuscation, obtuseness, evasiveness, grandiosity, or any other form of inflating an argument beyond a short and concise statement of the attorney’s position and the legal basis for asserting that position. The more you can work with laser precision in identifying your argument, and identifying the support for the argument, the more the Judge will appreciate your position. Here, “appreciate” is meant in two ways: “appreciate” as in being thankful, and “appreciate” as in understanding clearly what is being argued.

This is just a piece of friendly advice. Not a demand, not a command, not an Order, not even a strong or adamant suggestion. Just a friendly tip to help you be more effective and, ultimately, more successful.

A system to deal with unprofessional conduct by other lawyers is right under your nose by The Honorable Ross Goodman You just got a set of 25 interrogatories, with 100 sub-parts per Interrogatory.

the situation and try to minimize the adverse consequences.

You just got an “amended” witness list at midnight before jury selection, and the list adds names the opponent has known about for months.

But, there is a better alternative. It’s called the Local Professionalism Panel (or “LPP” for short). The LPP is specifically designed to take complaints of unprofessional conduct, evaluate the complaint, and then counsel the errant attorney if the LPP Panel believes there was unprofessional conduct.

A lawyer at a Hearing tells the judge: “I called the other lawyer and left messages, but the lawyer never called me back.” You know this statement not to be true.

In response to your Request for Production, it is obvious the opponent has “shuffled” the documents so they do not appear in the order in which they were kept.

Unfortunately, the list goes on.

Any one of these situations is a source of anxiety and stress. You now have to consider whether to respond to the unprofessional action (and take up even more of your limited time) or suffer through

to the Florida Bar. But, if your complaint is one of unprofessional conduct, then the LPP is your best avenue to deal with the problem and have it resolved.

We have two LPP’s in the First Circuit: LPP-West (Escambia and Santa Rosa Counties) and LPP-East (Okaloosa and Walton Counties). To initiate a complaint, all you need to do is send your complaint to the Court Administrator, Robin No one is “disciplined.” The LPP, consisting Wright [robin.wright@flcourts1.gov], at of experienced attorneys and judges, will the Escambia Court House, and she will meet with the attorney, discuss the situation, see that the Complaint is routed to the and counsel the attorney as to why such appropriate Panel. conduct is unacceptable and why it is not tolerated in the First Circuit.

If you are a victim of unprofessional conduct, and you report it to the LPP, The LPP’s have been around for years, but shame on the other lawyer. If you are a many have forgotten they exist, or never victim of unprofessional conduct and you knew about them. don’t report it, shame on you.

If your complaint is a violation of the Rules Regulating the Florida Bar, then yours is an ethical complaint and must be reported

18 | The Summation

The Bottom Line

Acceptable International Documents

by Mary Grace Rosal, F.R.P. titles, and criminal background checks.

The fees are usually $10.00 per document, but there are some documents for which they charge $20.00. See their website for fee details and a complete list of acceptable documents. If you need more information, you may call them at (850) 245-6053.

Sometimes we have foreign clients, either corporations or individuals, which are involved in a lawsuit here in the United States or have business transactions with American companies, or vice versa. Their documents need to be “officially and legally” acceptable in federal, state, and local courts and government agencies, just as ours need to be acceptable in their respective countries. How is this done?

Through Apostilles and Authentication Certificates.

An Apostille is a federal or state certified authentication of a Notary Public’s signature, or a registered professional’s signature, which makes a document acceptable in our country, or in a country that is a member of the 1961 Hague Convention Treaty. Federal Authentication Certificates make an American document acceptable in a country that is a not a member of the 1961 Hague Convention Treaty. The website which lists members countries is www. hcch.net.

For documents leaving the United States, Apostilles are issued by the

State Department or the Secretary of State. For foreign documents to be used within the United States, Apostilles can be issued by the Ministry or Secretary of Foreign Relations or by the United States Consulate in that country. Foreign documents need to be translated into English.

In Florida, the Bureau of Notaries Public with the Florida Department of State issues Apostilles. To obtain a Florida Apostille, go to the Florida Department of State’s website, dos.myflorida.com/ sunbiz/otherservices/apostille-notarialcertification/, and download a form named “Florida Department of State Apostille and Notarial Certification Request”.

Send the completed form, the original document, a pre-addressed and pre-posted envelope, and a money order made payable to the “Florida Department of State” to the Department of State, Division of Corporations, Apostille Section, P.O. Box 6800, Tallahassee, Florida 32314-6800.

Examples of documents they authenticate are powers of attorney, vital statistics documents, i.e., birth or death certificates, judgments, school transcripts, vehicle

A Florida Apostille is issued on security paper, which cannot be photocopied. It is assigned a unique identification number located on the left-hand corner on the back of the certificate. The original document is returned with the Apostille.

If you are not sure of the authenticity of an Apostille issued by a foreign country, you may send a request to the Florida Department of State for verification. The safest way to proceed is to ask the foreign client to get the Apostille issued by the United States Consulate in that country.

The U.S. Department of State also issues Apostilles and authenticates documents such as company bylaws, powers of attorney, trademarks, diplomas, treaties, warrants, extraditions, agreements, certificates of good standing, and courier letters. From their website, https://travel. state.gov/content/travel/en/recordsand-authentications/authenticate-yourdocument/office-of-authentications.html, download Form DS-4194. Complete the form and send it with your original document, a self-addressed stamped envelope, and a money order or check payable to “U.S. Department of State” to U.S. Department of State, Office of Authentications, CA/PPT/S/TO/AUT, 44132 Mercure Circle, P.O. Box 1206, Sterling, VA 20166-1206. The fees are $8.00 per document. They will return the original document with the Apostille or Certificate of Authentication. Should you need to call their office, their phone number is (202) 485-8000.

And that’s the bottom line.

Winter 2019 | 19

Teen Court: An Opportunity for Us All

by Kaley Jo Vandergriff The University of West Florida’s prelaw fraternity, Phi Alpha Delta, is now collaborating with Santa Rosa County’s Teen Court program. Teen Court is an opportunity for adolescents ages 10-17 to face a jury of their peers for resolutions to a first-time offense rather than receive punishment directly from the juvenile justice system. Teen Court does not determine guilt as the juvenile has already admitted to the offense. The purpose of Teen Court is to determine an appropriate outcome in an effort to divert the juvenile from the formal court process. The outcome is almost entirely reserved to the jury, which is made up of prior defendants from Teen Court as well as youth volunteers. The juvenile will answer questions from a judge and/ or youth attorneys in the sentencing hearing and will offer an in-court apology to family members. The jury will then deliver a recommended sentence, which can include curfew, community service, an essay, and other tasks for the juvenile to complete. The goal of this experience is to prevent recidivism, encourage self improvement, and provide positive, approachable examples of the justice system to participants.

On various Mondays, UWF students will gather at the Milton Courthouse to volunteer to aid in representation for cases, assist in presenting mandatory life skills lessons to those court-ordered to participate, and supervise jury deliberation.

Faculty advisor, Jennifer Brinkley, will also take her turn on the judge’s bench to help facilitate cases. UWF students have the opportunity to assist in creating contracts, gain experience in courtroom procedure, and mentor youth in the community.

I began volunteering with Teen Court in December of 2017. Through that time, I have seen how unfamiliar participants are with courtroom procedure. UWF students are the perfect demographic to help explain the process to participants

and can serve as officers of the court if they choose. There is also a great potential for mentoring the Teen Court participants. Through offering a listening ear and an invested heart, UWF students have the unique opportunity to impact the futures of participants. By changing their view of themselves and the court so much, some of the past defendants have gone on themselves to represent others in Teen Court. I have enjoyed watching as apathetic spectators have transitioned into educated advocates. I also had the privilege of attending a Youth Success Celebration and hearing the ways so many participants had been able to break patterns and better themselves.

Not only do I encourage UWF students to become involved with this partnership, but I also encourage our community to place a higher value on the youth by investing in services that can help transform their paths. This is an invaluable program that deserves time and resources so that Teen Court can not only continue, but thrive. Licensed attorneys may also satisfy

their pro bono service requirements by volunteering.

Volunteers are needed in both Escambia and Santa Rosa counties. To learn more about opportunities in Escambia County, contact Melenie McNamara, Escambia County Teen Court Coordinator at 850-595-3805 or melenie.mcnamara@ flcourts1.gov. To learn more about opportunities in Santa Rosa County, contact Jessica Walter at jmilstid@fsnet. org or 850-983-4442.

20 | The Summation

Beyond State Borders: Outlining Alabama’s Pro Hac Vice Admission Requirements

by Shekka Drayton

T

he Emerald Coast is home to several individuals who frequent bordering states be it for work, family, or leisure. This interstate movement creates a unique demand for legal services that span across the state line. It is not uncommon for lawyers throughout the Emerald Coast to practice and maintain licenses in multiple states, most notably Alabama. However, there remains a substantial group of Florida barred attorneys who must navigate the rules and procedures set in place for practicing law in a state in which they have not been admitted to practice, a process otherwise known as “pro hac vice.”

Rule VII of the Rules Governing Admission to the Alabama State Bar delineates the process by which an attorney who is not licensed in Alabama may enter a limited appearance in a particular case before courts and administrative agencies within Alabama.

The granting or denial of pro hac vice (PHV ) admission is discretionary. The process can be streamlined into steps of finding local counsel to associate with, completing a verified application, securing a hearing date for your pro hac vice motion to be heard, local counsel filing the motion along with the requisite fee, receiving a decision from the regulatory authority, receiving an order, and ultimately notifying the Alabama State Bar of your pro hac vice status.

Beyond those basic steps, it is worth noting the more technical requirements.

Foreign or out of state PHV applicants must produce a Certificate of Good Standing from their state bar. A Certificate of Good Standing issued by a federal court will render the PHV application incomplete. There are three standard motions that the PHV applicant

must use: criminal, civil, and pro bono, respectively. Alabama has relaxed some requirements for Pro Bono PHV applicants. For instance, filing fees are waived, no hearing is required, and the foreign attorney need not to associate with local counsel. On the other hand, criminal and civil PHV applicants require two filing fees totaling $325 per motion, a hearing on the motion, and association with local counsel.

Florida attorneys seeking criminal and civil PHV admission should also be aware of critical deadlines.

The PHV hearing date must be obtained prior to filing the motion, and the motion must be filed at least 21 days before the hearing date. The Certificate of Good Standing is defective if older than 60 days at the time of filing. Also of critical importance, local counsel must send the Alabama State Bar a copy of the order granting the PHV motion within 30 days of the hearing.

Alabama’s pro hac vice standards hold special interest for Emerald Coast attorneys as the area’s bordering neighbor to the west and north. This proximity

undoubtedly encourages participation and collaboration within each legal system.

Becoming familiar with Alabama’s pro hac vice standards will assist local attorneys in making informed decisions as to the feasibility of representing clients whose legal needs span across state lines. *The information in this article is accurate as of the date printed. For more information, visit alabar.org.

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Winter 2019 | 21

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22 | The Summation

Snap Shots

1

2

3 4

5

6

1. Heather Lindsay, Kristin Lipscomb, and Christine Kelly Fausel 2. John Stewart, Jeremy Branning, and Alan Manning 3. Susan Woolf and Brenda Van Brussel 4. The Honorable John L. Miller, Chief Judge, First Judicial Circuit of Florida, The Honorable M. Casey Rodgers, United States District Judge, and The Honorable Lacey A. Collier, Senior United States District Judge

5. ESRBA President Warren Todd and Captain Anthony “Tony�

McFarlane, United States Navy, Ret. 6. The Honorable John L. Miller, Chief Judge, First Judicial Circuit of Florida, The Honorable M. Casey Rodgers, United States District Judge, new United States citizen Regiene Pangahas, Charles Nauck II, and The Honorable Lacey A. Collier, Senior United States District Judge

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