The Small-Firm Adventure

We’re excited to have our new website up and running. This version is designed to give you more information, to make it easier for you to find what you need, and to make it easier for you to interact with other members of the Section. Before you look around, please click on this post for a short summary of what you’ll find.

As you browse for the first time, you will notice that we have added a very versatile search feature.  The Find An Attorney page will search the roster of all current GPSSF members.  You can find an attorney by name, law firm, county, law school, or area of practice.   The idea is that members can use this function to locate other solo and small firm practitioners for referral or networking purposes.  For it to work successfully, WE NEED YOU TO UPDATE YOUR MEMBER PROFILE!

Because the existing Bar membership roster does not include information about law schools, areas of practice, or board certifications, we need you to add that information to your profile for us.  To log in and update your profile, simply click on the Member Login button.  Then click the link that asks “Forgot your password? First time logging in? [click here].”   Enter your email address, and the site will send you a password that you can use to log in.  Once you are done updating your profile, search for yourself on the Find an Attorney page and make sure you are happy with how your profile is showing up.

To encourage members to update their profiles, we are running a contest.   On October 1, we will pick one winner at random from the list of all members who have logged in and updated their profile.  That winner will receive a gift certificate in the amount of $300 to the restaurant, hotel, or office supply store of his or her choice.   To be eligible, make sure you update your profile by September 30 (Executive Council members are not eligible).

Once you have updated your profile, check out our blog.  The two most recent entries will always show up on the home page.  From the home page, you can click through on these entries to read them in full.  Or you can click on the Small-Firm Adventure button in the toolbar on the left-hand side of the page.  Finally, you can see all the posts in a particular category by clicking on that category title on the home page.

Note that in addition to posts on Section and Bar News, we also have posts on practical topics.  The Practical Practice is a category that will include practice management tips.  It already includes a useful Q&A piece with Bar attorney Elizabeth Tarbert and LOMAS Practice Management Advisor Judith Equels about how to handle overpayments from clients without breaking trust accounting rules.  The Litigator’s Toolshed includes posts about the nuts and bolts of litigation — it already includes posts about preparing trial notebooks and handling stipulations for continuance of trial.   High Tech/Low Budget will contain advice about how to get the most out of office technology without spending a fortune.  We especially encourage every member to check out the category titled “You Gotta Try This…” This is intended to be a fun category in which members can contribute recommendations regarding their favorite restaurant, hotel, etc.  by adding comments to the topics listed there.  Please contribute your local knowledge so that our members will know where to eat/stay when they visit your town.

The blog is intended to be flexible.  If you would like to suggest a new topic or category, please include it in a comment on this post.  Likewise for any other suggestions you have about the website in general.  If you will post them below, we’ll be happy to review them and figure out if they can be implemented.

The Resources page includes a multitude of links to just about every conceivable law-related website.   We hope you find it to be an easy index of useful sites.   But of course, if you think we missed one, please email us your suggestion.

You’ll notice that the next two events on our calendar will show up on the top of the home page.  If you click through to the Calendar page, you can see our full calendar for the year.  Events should include brochures and registration forms where applicable.

Our main goal is to make this an interactive forum where information can flow freely.  If you have a short article or point of interest that you would like to submit to the blog, or if you have a longer piece that you would like to list in our Publications section, we welcome your submissions.  Please e-mail your submission to Ricky Libbert at rlibbert@flabar.org or to Kevin Johnson at kjohnson@tsghlaw.com.

Thanks!

Filed under: Section News by Kevin Johnson Thursday, August 19th, 2010
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The GPSSF Executive Council took time out from its work at the Annual Meeting to pose for Frank Maloney’s camera.

Filed under: Uncategorized by Frank Maloney Tuesday, July 12th, 2011
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The General Practice, Solo and Small Firm Section is pleased to announce the winners of the 2011 L. Michael Roffino Pro Bono Award.

The General Practice, Solo and Small Firm Section’s L. Michael Roffino Pro Bono Award was established in 1990 to be awarded on an annual basis in recognition of outstanding service and significant accomplishments by non-profit organizations which provide pro bono legal aid to the indigent.

Each fall the Section, working with the Florida Pro Bono Coordinators Association, accepts nominations of organizations that are providing innovative programs designed to deliver legal services to those who could not otherwise obtain legal help.  The Section selects three winners and awards a $3,000 grant to the overall winner and a $1,000 grant to each of the two runners-up.  In the past these grants have been used by these worthy pro bono organizations to acquire computers and software, to conduct legal clinics, to recruit and train volunteer lawyers,  to create and produce forms, manuals and video tapes and to otherwise serve the legal needs of Florida’s poor who are in need of legal assistance.

This year’s winner is Jacksonville Area Legal Aid, which is being recognized for creating its “Northeast Florida Medical Legal Partnership,” a network of medical and legal providers who identify and resolve legal issues that are barriers to the good health and well-being of low-income persons.  The two runners-up are Community Legal Services of Mid–Florida, Inc. and Put Something Back.

The Section is pleased to announce that since the inception of this award, the Section has awarded a total of $104,500 to 22 different winners and runners-up.  The Section encourages every pro bono and voluntary bar organization to apply every year so that the Bar can recognize the outstanding efforts of Florida’s selfless pro bono and voluntary bar organizations.

Frank and Jerry present the winner's check to Kathy Para of Jacksonville Area Legal Aid

Runner-up Lena Smith of Community Legal Services of Mid-Florida,Inc. poses with Frank and Jerry.

Filed under: Section News by Jerry Curington Monday, July 11th, 2011
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As the GPSSF section held its 2011 Solo and Small Firm Conference in Weston, our crack photographer Frank Maloney was roaming the halls, looking for Kodak moments (or would those be .jpg moments now?).

Filed under: Photo Galleries by Kevin Johnson Friday, June 24th, 2011
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Just catching up after our return from the GPSSF Section’s Out-of-Country trip to Costa Rica. Miami Attorney John Rooney, who was teaching in Costa Rica, and San Jose Attorney, Carlos Araya Gonzalez, presented an interactive and informative CLE on Doing Business in Latin America with a Focus on Costa Rica.

After our brief visit in San Jose that included a trip to the Poas Volcano, our group ventured over to the Pacific Coast to beautiful Playa Conchal where we ALL zip lined on a very high canopy tour (a first- and last-time experience for some of us) and enjoyed a sunset sail on a catamaran after some snorkeling, kayaking and swimming. We savored great coffee and food while enjoying new friends in this beautiful country. It is also worth noting that all members of our group were past GPSSF Out-Of-Country participants who are looking forward to next year’s GPSSF adventure! Pura Vida!

Filed under: Section Events/Meetings, Section News, Uncategorized by Linda Calvert-Hanson Friday, June 3rd, 2011
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SPACE STILL AVAILABLE!

Join the GPSSF for a Costa Rican Adventure from May 21-28, 2011.  The trip includes 5.0 hours of CLE in San Jose on May 22. Package includes:  3 nights at Real Intercontinental Hotel in Escazu, San Jose and 4 nights at Paradisus Playa Conchal (all-inclusive resort), private guided transfers, reception, daily breakfasts, 4 lunches, 5 dinners and more for $1,725 pp double occupancy or $2,537 single occupancy.   For full details and registration information, contact Ricky Libbert at The Florida Bar at  850/561-5631 or rlibbert@flabar.org

Filed under: Section Events/Meetings, Section News by Linda Calvert-Hanson Saturday, March 26th, 2011
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The GPSSF Executive Council held its annual long-range planning meeting in Savannah, Georgia on March 11.  The Council is focused on building the Solo and Small Firm Conference into the ultimate can’t-miss event for solo and small-firm practitioners.  The Council will also be working to add more content to the section website.

Filed under: Photo Galleries by Frank Maloney Wednesday, March 23rd, 2011
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Bettmans and Gillmans

Filed under: Photo Galleries, Uncategorized by Frank Maloney Wednesday, March 23rd, 2011
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Filed under: Photo Galleries by Frank Maloney Wednesday, March 23rd, 2011
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           Being a bankruptcy litigator is often what it must be like to be a member of the Geek Squad.  Emergency calls from non-bankruptcy attorneys whose case has been short circuited by the infiltration of the “B” word somehow into the litigation are frequent.  They don’t want to understand why or how such a virus infected the case.  Whatever it costs – they want it gone – now!

             Through the General Practice and Small Firm Section’s new Blog, we will introduce a series of articles on important bankruptcy issues non-bankruptcy lawyers should understand.  If you would like to review more of our articles, please visit the Publications section of our website at http://www.iurillolaw.com/

             #1 Disclosure of a Plaintiff’s Claim in Bankruptcy

           Like anti-virus software, preventative maintenance is the first step in avoiding a bankruptcy-related “virus” in your case.  Finances should be discussed with the potential client at the initial consult to avoid future bankruptcy pitfalls.  The lawyer should ask whether the potential client has filed bankruptcy or is contemplating filing bankruptcy.  If the potential client is in bankruptcy, or needs to file bankruptcy midstream, the case may still have value to the client and to you.  The first step is to contact the bankruptcy attorney to notify him/her that you are pursuing the claim if the bankruptcy has not been filed, or ask if the claim was disclosed if the bankruptcy case has already been filed.  If the claim was disclosed, you will want to know whether the client claimed all or a portion of it as exempt.  If the claim was not disclosed, you will need to discuss (actually insist!) amending the schedules immediately.

             After gathering the background information on the bankruptcy, the next critical step is to contact the trustee to start the process of retention as Special Counsel for the bankruptcy estate or, in the alternative, abandonment of the claim by the trustee which returns the rights in the claim to the plaintiff/debtor and negates the need for your employment to be approved by the Bankruptcy Court.  Court appointment is a pre-condition to your receiving payment for fees and costs.  Although being cooperative with the trustee is in the best interest of you and your client, and standard practice, you should keep in mind attorney-client privilege when communicating with the trustee.  At this stage, no attorney-client relationship exists with the trustee and the trustee may ultimately abandon the claim.  Therefore, your assessment of the claim, strategies, work product, etc. may be discoverable information.

             Thus, the threshold issue is whether the trustee is interested in pursuing the claim.  Whether the claim is abandoned depends on several factors such as the likelihood of success, the value of the claim, the amount of allowed exemptions, the amount of creditors’ claims, etc.  Generally speaking, if there will be almost nothing to pay to creditors out of any settlement in a case after payment of attorneys’ fees, the plaintiff/debtor’s exemptions and other administrative costs, the trustee will likely abandon the claim. 

              If the trustee decides not to abandon the claim, you must file your application for retention as Special Counsel pursuant to 11 U.S.C. § 327.  The application must include an affidavit or certification stating that you do not hold or represent any interest adverse to the trustee or the estate.  Also, you must disclose past or present dealings with the debtor, any family member, business associate or creditor of the debtor. 

              Upon receipt of the order approving your application, you may move forward with pursuing the claim.  When the claim has resolved and funds are available for distribution, the bankruptcy court must approve your fees and costs.  The debtor is then paid the exempt portion of the claim, administrative costs, including trustee’s fees, are paid and finally the remaining funds are distributed to creditors.

              One giant pitfall involves nondisclosure or misleading disclosure of your client’s claim in bankruptcy.  The seminal case discussing this issue is Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002).  In Burnes, the plaintiff/debtor, Billups, was an employee of Pemco who filed for bankruptcy protection in the Northern District of Alabama.  Although at the time he filed Billups was not participating in a lawsuit, within six months, Billups filed a charge of discrimination with the EEOC against Pemco.  Problematically (and intentionally), Billups never amended his bankruptcy schedules to include his lawsuit against Pemco.  Upon the discovery of Billups’ nondisclosure, Pemco moved for summary judgment the claim.

             Pemco asserted that the doctrine of judicial estoppel barred Billups from seeking monetary damages against Pemco because Billups intentionally failed to disclose the lawsuit to the bankruptcy court; moreover, he stood to gain from his lack of candor.  Conversely, Billups argued that judicial estoppel was inappropriate under the circumstances, and at the very least, he should be permitted to re-open his bankruptcy case to include the previously undisclosed lawsuit.  In holding for Pemco, the court unambiguously established that debtors, like Billups, who intentionally fail to disclose potential claims, lose them. 

              In sum, ideally you will learn about a client’s bankruptcy before it is filed and work with the bankruptcy attorney and trustee from the beginning.  Even if the case has been filed and the claim not disclosed, amendments may still be made to correct the nondisclosure error if the case is still pending.  However, the discovery of the nondisclosed claim after the bankruptcy case has been closed creates a series of hurdles which may reach an undesirable and costly result.   When in doubt, walk down the hall to a bankruptcy colleague or give us a call to discuss how big (or small) of a problem the “B” word is in your case.

Filed under: The Litigator's Toolshed by Camille Iurillo Friday, October 1st, 2010
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We are compiling tips for law students and would like everyone’s ideas on “10 Things Law Students Need to Know To Get Hired By & Succeed in Small Firm Practice.”  

Kevin Johnson started off the list with the following ideas:

1) How to find a mentor.

2) How to interview/find the firms/find a job.

3) How to survive your first year in practice.

4) How to manage your finances.

         What suggestions can you add?

Filed under: Uncategorized by Linda Calvert-Hanson Tuesday, September 28th, 2010
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