Miami Herald publishes the results of our bar judiciary survey, however, the results are usually buried towards that back of the paper and are not easy to find. The results of our bar judiciary survey should be sent to every registered voter and the public will then follow our lead and listen to our experience in electing and retaining the best judiciary. 5. The Board of Governors is just like any other board of directors for an organization. It sets the policy, the direction that the organization should be heading. It is not a place for the inexperienced to first gain experience. I have extensive experience being a member on numerous boards of directors, both for-profit and not-for-profit organizations. Prior to becoming an attorney, I was a principal of a local corporation for 14 years. I have an Industrial Engineering degree from the University of Florida with a specialty in automating businesses. I have the experience of already automating companies and my law practice. I know what needs to be done and how to do it. In addition, as a prior senior attorney with the State of Florida Department of Transportation, I conducted eminent domain proceedings in other counties such as Palm Beach, Martin, St. Lucie, and Broward. I have experienced, as I am sure you have also when you practiced in other parts of the state, numerous additional ways that the practice of law in our circuit could be more fun and profitable. Further, I am personally familiar with the different issues faced by small, medium, and large firm practitioners. I have conducted trials while working in large firms/organization like the State of Florida Department of Transportation and the Miami-Dade County Public Defender’s Office. I also have experience in working for medium-size firms like Kubicki Draper and the City of Miami Attorney’s Office. Presently, I am a solo practitioner specializing in eminent domain, private property rights litigation and transactional real estate and, therefore, also have experience in being in a small firm. Please let me put my knowledge, experience, and ideas to work in assisting you in making your practice of law more fun and profitable. Thank you for considering me to represent you on the Board of Governors. Ervin A. GonzalezI have chosen to run for 11th Circuit Seat Three of The Florida Bar Board of Governors in order to assist in solving many of the problems that we face as attorneys. Due to the constant barrage of negative publicity about attorneys, increasing economic pressures, and the stress-filled lives of lawyers, our image and enjoyment of life have been adversely impacted. We can change this with the help of The Florida Bar. We can bring back honor, prestige, and enjoyment to our profession. The representatives that we elect to the Board of Governors must have practical ideas and beliefs that are consistent with the needs of Florida attorneys. I pledge to be sensitive to the needs of our members and to vote in accordance with what is in the membership’s best interest. Positions and Ideas On IssuesThe following summarizes some of my positions and ideas on issues that concern our membership: • Promote and Protect an Independent Judiciary. The Florida Bar should create a balance of power task force to protect the courts. An independent judiciary is essential to an orderly and free society. The Florida Bar must do everything possible to promote and protect an independent judiciary. It is important to maintain the balance of power by ensuring that neither the executive nor the legislative branch of government usurps the powers of our judiciary. • Promote State of the Art Technology. Attorneys should have access to the latest technological advances and the Bar should provide assistance in offering the “state of the art” technological equipment and services to its members. • Create an Election Supervision Task Force. Fair elections are critical to maintaining democracy. The Florida Bar should appoint a task force to ensure that future elections are not tainted or improperly administered. • Affordable Insurance Benefits. The Bar should provide access to affordable life, health, and disability insurance to its members. These types of insurance benefits are very important to our membership. providing insurance as a group, all Florida Bar members should be able to afford excellent insurance benefits. • Public Relations Campaign. Establish a foundation to fund a public relations campaign. The campaign should improve the image of attorneys in our community and serve to educate the public on the importance of the judiciary. • Create Business and Technological Related Courses. These Florida Bar courses will teach attorneys how to effectively run a business. Many attorneys are excellent lawyers but have no idea how to run a business. The Bar can be a great ally in this respect. • Provide CLE Credits for Pro Bono Services. We should promote voluntary pro bono services by providing continuing legal education credits to attorneys who handle pro bono cases. • Promote Professionalism. The Florida Bar should aggressively seek to raise the standards of civility and professionalism among attorneys. • Diversify Bar Leadership. The Florida Bar must represent the interests of all of its members. We should encourage and appoint minorities to serve in leadership positions within The Florida Bar. • Promote Judicial Election and Selection Awareness. The Bar must take a leadership role in educating the public on electing the most qualified candidates for judicial office. On a merit selection basis, we must take the politics out of the process and ensure that the names of the best qualified candidates are sent to the governor. • Prevent Dues From Increasing. The Bar should eliminate unnecessary bureaucracy and administration while promoting efficiency and effectiveness. doing this we can keep Bar dues down. • Increase Lobbying Efforts. We must lobby the legislature and executive branches of government to promote important issues that affect our profession. BackgroundI am an AV Rated Board Certified Civil and Business Litigation trial attorney who has a passion for the practice and the legal profession. My law firm, Colson, Hicks, Edison et al., has a long-standing history of service to the Bar and I wish to continue that tradition. I have handled all different types of litigation including: commercial litigation; construction litigation; complex products liability; crash-worthiness cases; truck accident cases; dangerous pharmaceuticals and medical device cases; medical malpractice cases; toxic torts; and all different types of serious personal injury cases. I have also handled numerous consumer related class action cases. I have worked in large and small firms. My diverse background should greatly assist me in helping to properly represent the interests of all attorneys in the Eleventh Judicial Circuit. Other qualifications and experience include: • President of the Dade County Bar Association; • Past President of the Dade County Trial Lawyers Association; • Vice-Chair of The Florida Bar Rules of Civil Procedure Committee; • Eagle Patron of the Academy of Florida Trial Lawyers, active member of its CLE Committee, and past member of the Board of Directors; • Adjunct Professor at the University of Miami School of Law for the trial skills civil litigation program; • I have written a series of books for The Florida Bar on trial matters that should be published by the end of the year. I have also written a chapter on “Expert Witnesses” that was published by the Lawyers Cooperative, American Inns of Court Civil Procedure Series; • I have written numerous articles on legal issues for the Florida Bar Journal, The American Bar Association’s Litigation Magazine, Dade County Bar Bulletin, Daily Business Review, and other legal publications; and • I am a frequent lecturer for The Florida Bar, the Academy of Florida Trial Lawyers, Association of Trial Lawyers of America, Lorman Educational Series, National Business Institute, the Dade County Bar Association, and other bar associations. It is important that The Florida Bar continue to defend and protect the independence of the judiciary, consumer rights, and the constitutional principles that keep us a free society. If elected as a member of The Florida Board of Governors, I look forward to working with you to meet the many challenges that we encounter in these areas. I also pledge to take the necessary steps to prevent any harm to our profession and to promote needed change through responsible actions. Michael J. HigerPride In Our Profession. At every defining moment in our nation’s history from the Declaration of Independence to the Civil Rights Movement of the 1960s, lawyers have taken a leading role in shaping the direction of our country. At every civic and charitable undertaking and every cause without regard to its popularity, we have always stood up, answered the call and made a difference. While oftentimes we come under attack both from within and from various external sources, I take great pride in the service that I and the many lawyers who make up our legal community have provided and continue to provide to our clients and our community. Objectives. What I look to bring to the Board of Governors is a sense of pride in our noble profession. We have been given a great privilege to be lawyers, counselors, trusted advisors, confidants, fiduciaries, and advocates. For more than 15 years, I have strived in my practice as a zealous advocate for my clients, as well as in my commitments to civic and charitable causes, to embrace the challenge of not only talking the talk but walking the walk in fulfilling my responsibilities and obligations as a lawyer. I will bring that same commitment to the Board of Governors. Challenges. My pride, however, has not blinded me to our blemishes and the many challenges that lie ahead. Multidisciplinary practice and its twin cousin, unlicensed practice of law, are not just ugly sound bites from yesterday’s news but watchwords that pose serious threats to the way in which we practice. These issues still remain at the forefront, and the course we chart today will determine whether we are the dinosaurs of tomorrow. But just as these issues confront our livelihood, the challenges to the independence of our judiciary, the increasing hurdles to equal access to the courts, and any deterioration in our professionalism all tear at the fabric of our judicial system. As the judiciary comes under increased scrutiny, we have the duty and the responsibility to be vigilant, speak up, and fight for the independence of the judiciary. Every year, private interest groups cloaked with good intentions initiate new plans which seek to erode not only an individual’s access to the courts but that individual’s rights once he gains access. We need to be vigilant, speak up and fight for the rights of the individual. Professionalism requires us to heed Judge Peter T. Fay’s 1985 forewarning: “What we must never forget is that we all serve as officers of the court. Failing in this endeavor, we will lose much more than the case at hand.” Brave New World. Just as these issues present challenges for us, the brave new world of technology presents exciting new opportunities. We need look no further than this election in which for the first time you will have the opportunity to vote online for the candidate of your choice. Faxing and overnight courier services cannot match the speed of e-mails and computer-transmitted data. The Internet has opened up access to seemingly unlimited information and eased communication. Online continuing legal education gives lawyers increased flexibility. With a modem, a floppy disk, and a mouse, there are no limits to where, when, and how a lawyer can practice. The future is not tomorrow but is today. Background and Experience. As an AV rated lawyer who has practiced in a large, downtown firm, a medium-sized boutique, and a small firm in the suburbs, the highlights of my background and experience are: • University of Miami School of Law, 1985 cum laude Board candidates for 11th Circuit, Seat 3 present their views This race is to fill the one year left on President-elect Designate Tod Aronovitz’ term. Two other candidates — Edward M Joffe and Robert D. Peltz — also have filed for the seat and their platform statements appeared in the February 15 News and also appear on the Bar’s website at www.FLABAR.org. Members should soon be receiving their ballots and if a runoff is necessary in the race, those ballots will be mailed March 30. Thomas H. Buscaglia In our professional lives we take little time to examine or evaluate what we think is important to us as lawyers, not only as individuals but as a profession. My decision to run for the open seat of the Bar Board of Governors became an excellent opportunity for me to examine what being a lawyer means to me and what I would like to see our Bar focus on. The best part is that in the process, I get to share my vision with you. So, here are some thoughts about our profession and the Bar, followed by a little bit about me. The Lawyers’ RoleLawyers serve. This means more than being part of a service industry. We serve the interests of our clients and, as officers of the court, the judicial system. Our fiduciary duty to our clients should be more than merely a line of conduct we do not cross for fear of financial exposure. It should be the standard by which we measure every client-related decision we make. The financial rewards of law practice can be great, but are not the true measure of our success as attorneys. Unless we hold dear the best interests of each of our clients above our own, we risk becoming parasites on those we represent, rather than their champions. Public PerceptionPeople have a low opinion of lawyers. In large part, this is a result of bad experiences with lawyers. We do not need better public relations. We need better behavior and adherence to professional standards. Customer service specialists say that when someone has a good experience they tell about five people. When they have a bad experience they tell 11 people. But if they have a bad experience and then the service provider addresses the problem and corrects it for them, they tell 22 people! Simply put, if we want to change the public’s opinion of who we are, we need to do it one person at a time. We need to stop complaining about our poor perception in the public eye and accept responsibility for changing the way we do business. The JudiciaryI have heard a lot about the importance of an independent judiciary. I agree. But, the integrity of the judiciary is also important. Just as with the public perception of attorneys, much of the public’s present distrust of the judiciary is well deserved. We in the profession may understand the close working relationship between lawyers and judges. But to the lay person it is easily misconstrued as something more insidious. We must stand in constant vigilance against even the slightest perception of bias on the bench. I will work to help the Bar develop and implement programs to eradicate cronyism in judicial appointments such as receivers and guardians to further safeguard the integrity of the bench. The BarAs we serve the public, so the Bar serves us, its members. Changes in our world dictate changes in the services the Bar provides. The most profound changes in society in the past few years have been the technology explosion and the Internet. Increasing levels of stress from constant accessibility and the pressures of modern life take their toll. The Bar is a strong support system for all of its members and constantly seeks better and better ways to deliver services to its members. Increasing awareness among its members of the many available Bar resources should be a priority. Who Am I?Like you, I am an lawyer. I have a two-attorney firm in downtown Miami. My practice focuses on litigation and business counseling. My primary practice areas are employment discrimination and Internet/technology law. My clients are mostly individuals and small to mid-sized companies. I graduated, cum laude, from the Georgetown University Law Center in 1985 at the age of 37. Prior to law school I was in business and, as a result, have seen both sides on the attorney/client relationship. I live in Coconut Grove and am married with two teenaged children, one attending Auburn University and the other at Coral Gables High School. I began my professional career with the law firm of Shutts & Bowen. After a few years I moved to the litigation boutique of Stephen E. Nagin and Associates. Shortly thereafter I opened my own firm. I spent 10 years as a federal Criminal Justice Act volunteer attorney representing indigent clients in federal court and gaining invaluable trial experience. Though I no longer practice criminal law, I still litigate the majority of my cases in federal court. I am admitted to the bars of the United States District Courts for the Southern District and the Middle District, the Third and 11th U. S. Circuit Courts of Appeals and the United States Supreme Court. I am a member of the Dade County Bar Association and the Federal Bar Association. I have presented seminars to attorneys on the Internet, on marketing law firms on the Internet, and on the uses of technology to enhance law practice. I wrote a series of articles for the Direct Marketing Association regarding marketing on the Internet. I am a past president of the Bay Heights Homeowner Association and of UNICO National Miami Chapter, as well as having served two terms as a deacon at Plymouth Congregational Church in the Grove. I look forward to the opportunity to serve you. You can find out more about me at my web site www.intelaw.com or if you have any questions, feel free to contact me at 305-324-6000. Jeff P. CynamonIf you agree with the following, then please consider voting for me to represent you on the Board of Governors: 1. Work is something that you enjoy doing and you get paid for doing it. Therefore, for an attorney the practice of law should be fun and profitable. 2. The Clerk of the Court, courts and court dockets, and the legal community should all be electronically interconnected. Pleadings and all other documents should be able to be filed by e-mail, with any exhibits attached to the e-mail as an attachment, as well as by fax. We should be able to confirm dockets and attend calendar call electronically. Our time is too scarce and valuable to waste unnecessarily. utilizing our time more efficiently and productively, our practice of law will be more profitable. 3. We already have more law schools than any other circuit in the state. When supply exceeds demand, either prices and profit margins drop or the quality of work drops. When either of these occur, the practice of law becomes less fun and profitable. The board should immediately address why our tax dollars are being spent to build another law school in our circuit. 4. Being before an excellent judge is fun and when she/he makes the proper ruling it is usually also profitable for us and our client. As reflected in the results of our bar judiciary survey, we are fortunate to have some excellent judges in our circuit. As lawyers, we are the only ones who are before our judges daily and the results of our bar judiciary survey are the best means we have to inform the public. It is nice that The Board candidates for 11th Circuit, Seat 3 present their views March 1, 2001 Regular News • Executive Editor, University of Miami Law Review • Mintz, Truppman, Clein & Higer, P.A. • Coll Davidson Carter Smith Salter & Barkett, P.A. (1987-97) • Fine Jacobson Schwartz Nash Block & England, P.A. (1985-87) • Executive Board, Law School Alumni Association (1999-2000) • Director, Dade County Trial Lawyer’s Association • Fellow of the American Bar Foundation • The Florida Bar • Executive Council, Business Law Section • Business Litigation Committee (Chair, 1997) • Co-Chair, Special Committee on Business Courts • Editor, Intellectual Property Newsletter • Advisory Committee on Rules & Procedures, United States District Court, Southern District of Florida • Vice President, Patent Law Association of South Florida • Executive Committee, Commerce & Professions Division, Greater Miami Jewish Federation • Agency Relations Committee, United Way (1995-97) • Trustee Representative, Greater Miami Chamber of Commerce (1995-96)
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