August 1, 2003 Notices


first_imgAugust 1, 2003 Notices Proposed Board of Governors actions Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its August 20-22, 2003, meeting on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable.Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective.To receive a full copy of the text of any of these proposed amendments call (850)561-5751 – please reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 1 GeneralSubchapter 1-3 Membership 1. Rule 1-3.6 Delinquent MembersSummary: Consistent with related amendments proposed for rule 1-7.3, deems as delinquent members those members who are delinquent in the payment of monitoring fees, practice and professionalism enhancement program registration fees, and fee arbitration awards. 2. Rule 1-3.8 Right to InventorySummary: Creates new subdivision (c), to require that all members who practice law in Florida to designate another member of the bar who has agreed to serve as their inventory attorney. Subchapter 1-7 Membership Fees and Fiscal Control 3. Rule 1-7.3 Membership FeesSummary: Consistent with related amendments proposed for rule 1-3.6, expands subdivision (a) to include as delinquent members those members who are delinquent in the payment of monitoring fees, practice and professionalism enhancement program registration fees, and fee arbitration awards. Chapter 3 Rules of DisciplineSubchapter 3-2 Definitions 4. Rule 3-2.1 GenerallySummary: Within subdivision (n), revises definition of “staff counsel” to specify a lawyer employee of The Florida Bar designated by the executive director and authorized by rules to approve formal complaints, conditional guilty pleas for consent judgments, diversion recommendations, and to make appointment of bar counsel; creates new subdivision (q), defining “final adjudication” as a decision by an authorized disciplinary authority or court issuing a sanction for professional misconduct that is not subject to judicial review except by direct appeal to the U.S. Supreme Court. Chapter 4 Rules of Professional ConductSubchapter 41 ClientLawyer Relationship 5. Rule 4-1.5 Fees for Legal ServicesSummary: Within subdivision (b) and comment – affecting other related revisions pending with the Supreme Court – adds as an additional factor in determining reasonable costs the relationship and past course of conduct between the lawyer and the client; adds further language in comment, that costs appearing in sufficient detail on closing statements and approved by the parties to a transaction should meet the requirements of the rule.Subchapter 4-3 Advocate 6. Rule 4-3.4 Fairness to Opposing Party and CounselSummary: Conforms subsection (e) and comment to existing case law, to provide that a lawyer may state a personal opinion about the credibility of a witness when the statement is authorized by current law or rule and/or is supported by the record. Chapter 6 Legal Specialization and Education ProgramsSubchapter 6-3 Florida Certification Plan 7. Rule 6-3.5 Standards for CertificationSummary: Within subdivision (d), adds standards by which appellate court judges may attain certification in appellate practice without being required to sit for that area exam. 8. Rule 6-3.7 Emeritus Specialist StatusSummary: Within subdivision (c)(2), deletes CLE from qualifications requirements; adds waiver provision for good cause within new subdivision (f) and revises other subdivision entries as editorially necessary to accommodate this new matter; within former (g) – new (h) – extends life of exemption by 2 additional years. 9. Rule 6-3.8 Revocation of CertificationSummary: Adds criminal action against a certified attorney as ground for revocation of board certification; eliminates notice and hearing requirement in instances of area termination, discipline, and criminal action.Subchapter 6-11 Standards for Certification of a Workers’ Compensation Lawyer 10. Rule 6-11.1 GenerallySummary: Adds text regarding character, ethics, and reputation for professionalism as standards for board certification, consistent with other certification areas and other components of the rules. 11. Rule 6-11.2 DefinitionsSummary: Within subdivision (c), expands definition of “trial” to include substantial participation in a rule nisi petition and hearing for the enforcement of a workers’ comp order – in no more than 2 instances; within subdivision (e), for recertification only, allows the substitution of 3 workers’ comp mediations (as mediator) to count as 1 “substantial equivalent – in no more than 3 instances. 12. Rule 6-11.3 Minimum StandardsSummary: Within subdivision (a)(2), adds appeals as substitutes for trials in the certification process. 13. Rule 6-11.5 RecertificationSummary: Within subdivision (b), adds appeals as substitutes for trials in the recertification process. Subchapter 6-16 Standards for Certification of a Board Certified Business Litigation Lawyer 14. Rule 6-16.1 GenerallySummary: Adds text regarding character, ethics, and reputation for professionalism as standards for board certification, consistent with other certification areas and other components of the rules. 15. Rule 6-16.2 DefinitionsSummary: Within subdivision (a), clarifies that courts of “general jurisdiction” shall include “state circuit courts, federal district courts, and courts of similar jurisdiction in other states, but not county courts.” 16. Rule 6-16.3 Minimum StandardsSummary: Within subdivision (b), adds as criteria for demonstrating compliance – that summary judgments will not count as a matter submitted to the trier of fact, that a submission to the trier of fact or a trial by jury requires completion of the claimant’s case in chief, that preliminary injunctions or other evidentiary hearings count as 1 matter submitted to the trier of fact, and each matter in which an applicant supervises an associate counts as 1 of the necessary 25 contested business litigation matters but not as 1 of the 8 submitted to the trier of fact; within subdivision (e), revises the CLE time frame, from 5 years, to 3 years immediately preceding applications, and further clarifies necessary documentation for initial applicants consistent with other certification areas. 17. Rule 6-16.4 RecertificationSummary: Within subdivision (b), adds as criteria for demonstrating compliance the same 4 items proposed for inclusion within rule 6-16.3(b); within subdivision (c), deletes provision that specifies the proportion of substantive vs. procedural CLE hours among the 50-hour requirement, consistent with similar deletions in rule 6-15.3(e). Subchapter 6-22 Standards for Certification of a Board Certified Antitrust and Trade Regulation Lawyer 18. Rule 6-22.1 GenerallySummary: Adds text to emphasize that applicants shall be required to establish they have a special ability as a consequence of broad and varied experience in antitrust and trade regulation law. 19. Rule 6-22.2 DefinitionsSummary: Within subdivision (d), refines definition of “contested matters” to reference matters that were adversarial and binding, and in which an applicant had a significant responsibility and personal involvement in either reaching an adjudicated decision or settlement; adds new subdivision (e), to define “adjudicated decisions” and clarify their applicability as contested matters if arising from any single case within a 3-year period. 20. Rule 6-22.3 Minimum StandardsSummary: Within subdivision (a)(1), revises discussion of “minimum period of practice” consistent with definition of trade regulation law in rule 6-22.2(b); within subdivision (a)(2), adds satisfactory completion of certain nationally recognized trial advocacy courses as possible substitute for minimum number of matters necessary for certification; revises subdivision (a)(3)’s discussion of “substantial involvement” consistent with definition of trade regulation law in rule 6-22.2(b); adds new subdivision (e), to provide a limited exemption from examination for selected applicants who have been substantially involved in antitrust and trade regulation law for a minimum of 20 years. 21. Rule 6-22.4 RecertificationSummary: Within subdivisions (a) & (b), revises discussion of “substantial involvement”and “minimum number of matters” consistent with definition of trade regulation law in rule 6-22.2(b); within subdivision (e), expands provisions to allow the committee to waive the required number of contested matters if an applicant has been certified at least 14 years or has, since their most recent certification, become an officer in any judicial system or within other selected offices, or for good cause shown. Chapter 10 Rules Governing the Investigation and Prosecution of The Unlicensed Practice of LawSubchapter 10-2 Definitions 22. Rule 10-2.1 GenerallySummary: Revises subdivision (a)(1), to require that a disclosure statement be given to a customer when a nonlawyer prepares any form, rather than not just Supreme Court-approved forms; adds new requirements to disclosure statement, to include provisions addressing rule 10-2.1(b)’s definition of a paralegal; adds requirement that a nonlawyer keep copies of all forms given to any person being assisted, for a 6-year period. BOARD OF LEGAL SPECIALIZATION AND EDUCATION POLICIES 23. Policy 2.11 Exam Preparation and AdministrationSummary: Within subdivision (e)(2), reduces from 2 years, to 1 year, the time period an applicant must wait to reapply for certification after 2 consecutive exam failures. 24. Policy 2.13 Applicant Review Process for Certification or RecertificationSummary: Within subdivision (a), adds provision for BLSE to request a different certification committee to review an application filed by an individual currently serving on the committee that would typically handle such review. 25. Policy 2.17 Revocation of CertificationSummary: Adds new subdivision (b), to include criminal action against a certified lawyer as a matter that would prompt revocation of board certification. SECTION BYLAWS 26. City, County and Local Government SectionSummary: Adds subdivision titles within selected provisions in article II; amends selected passages within articles III & IV, to allow section leadership changes to be effective at the section’s annual meeting in April or May;. 27. Health Law SectionSummary: Amends and refines provisions within article VI, to provide that notices of meetings may be sent via email and that the executive council may conduct email voting without subsequent confirmation in writing.center_img August 1, 2003 Regular Newslast_img read more

Paragon Offshore files for administration in UK


first_imgDrilling contractor Paragon Offshore has filed an application for administration in the United Kingdom to advance its Chapter 11 plan. The driller said on Wednesday that it filed an application with the High Court of Justice, Chancery Division, Companies Court of England and Wales for the appointment of two partners of Deloitte LLP to serve as joint administrators of the company in the United Kingdom.A hearing on the application is expected to be scheduled shortly in London at the English Court. Paragon’s decision to apply for the appointment of the proposed administrators is a necessary component of the consensual plan of reorganization under chapter 11 of the United States Bankruptcy Code that the company announced on May 2, 2017.Under the consensual plan, Paragon’s existing equity will be deemed worthless and the company’s secured creditors and unsecured bondholders will receive equity in a new reorganized parent company.“We believe that the appointment of administrators is an important positive step forward in Paragon’s restructuring process,” said Dean E. Taylor, Paragon’s President and Chief Executive Officer.“In connection with their support of the consensual plan, which contemplates the appointment of the proposed administrators, the ad hoc committee of term lenders, the steering committee of revolving lenders, and our unsecured creditors’ committee each also support the application. Our consensual plan will eliminate more than $2.4 billion of existing debt and allow us to emerge from chapter 11 as a stronger, better positioned company capable of managing the challenges of this difficult environment.”Taylor further added: “If the application is approved by the English Court, the next milestone will be our confirmation hearing, scheduled to commence June 7, 2017 in Delaware, following which, if confirmed, we expect to emerge from chapter 11 in July.”Under administration, Paragon said it will continue to conduct business in its normal course. Drilling contracts will continue and vendors and employees will continue to be paid. The administrators will assume all powers to manage the affairs of the company; however, Paragon’s existing board has agreed to remain involved in an advisory capacity to the administrators until the company emerges from chapter 11, and the existing executive management team will remain responsible for the operational management of the Paragon group.last_img read more

Lakers to introduce Byron Scott as new head coach Tuesday morning


first_imgScott told Hill he is “excited to have the privilege of coaching” Kobe Bryant. Scott and Bryant were Laker teammates during the 1996-97 season, Bryant’s first in the NBA and Scott’s last as a player.“Kobe and I have a great relationship and we have been talking about this for almost the entire summer,” Scott told Hill. “I feel that he is going to be helping me as well because we see the game in a very similar way. We know that we have to get it done on the defensive end first and he knows right now, in the last stage of his career, that he is going to have to do some things differently.“I love the fact that people keep doubting that this man is going to come back and play great, because I know in my heart and knowing him the way I do that he loves those type of challenges. I am looking forward to having Kobe as a guy that I can turn to and say ‘Let’s get the ball to this guy and he can make things happen.”’Scott, a graduate of Morningside High School in Inglewood, was an analyst on Laker pregame and postgame shows this past season on Time Warner Cable SportsNet after coaching 13 seasons in the NBA with three teams. His career coaching record is 416-521, a .444 winning percentage.Scott guided the New Jersey Nets to the NBA Finals in 2002, losing to the Lakers, and 2003, losing to the San Antonio Spurs. He was selected as the NBA’s coach of the year for the 2007-2008 season when he was with the New Orleans Hornets.Scott’s most recent coaching position was with the Cleveland Cavaliers, who he coached from 2010-13.Scott becomes the Lakers’ 25th coach and 21st since their move to Los Angeles. He is the seventh former Laker player to become the team’s coach. Newsroom GuidelinesNews TipsContact UsReport an Error “His leadership skills and track record for success make him the ideal person to lead this franchise forward.”Scott succeeds Mike D’Antoni, who resigned in April after the team posted a 27-55 record in the 2013-14 season, its worst since moving to Los Angeles in 1960.Terms of the contract were not disclosed.In a weekend interview with CBS2/KCAL9 sports director Jim Hill, Scott said becoming the Lakers’ coach was “a dream come true.”“I always wanted to coach the Lakers, especially when I go to coaching,” Scott told Hill. “It’s so unreal.”center_img EL SEGUNDO – Byron Scott will be introduced today as the Los Angeles Lakers new coach, returning to the team he played with for 11 seasons, including as the starting shooting guard on three NBA championship teams in the 1980s.“I am ecstatic to once again be a Laker and to have the opportunity to work alongside Mitch and the Buss family,” Scott said on Monday, after Mitch Kupchak, the team’s general manager, announced that Scott had signed a multi- year contract.“I know firsthand what it takes to bring a championship to this city, and as someone who both grew up in L.A. and played the majority of my career here, I know how passionate and dedicated our fans are. I will give everything I have to fulfill the championship expectations that our supporters have for us, and that we have for ourselves.”Kupchak said that Scott “has proven himself at the highest levels of the game as both a player and a coach in his almost 30 years of NBA experience.”last_img read more