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Tasty – Kelis

first_imgKelis has always been a lucky girl. Coming from a middleclass Harlem family, she learnt violin, piano and saxophone at private school, and ended up in La Guardia School for the Arts (does Fame! ring any bells?). Luckily, a friend also introduced her to The Neptunes, who seem to have the golden touch when it comes to R&B acts (Miss Spears, Mr Timberlake and, of course, Snoop). With their help Kelis luckily shot to fame in 2001 with the memorable shriek, “I hate you so much right now!” Now she’s back, after a weak second album, apparently having left the screaming behind (luckily), with a series of funky pop tunes and collaborations. The sound is more mature, but perhaps at the cost of some of her earlier “kickass” attitude. The singles, of course, are sure to be popular and are undoubtedly radiofriendly.  However, after the icecool hits, this album soon melts into bland, saccharine, strawberry flavoured mush: a metaphorical milkshake.Archive: 0th week HT 2004last_img read more

Bouattia elected NUS President despite allegations of anti-Semitism

first_imgEven with allegations of anti-Semitism hitting her campaign, Malia Bouattia won the NUS presidential election on the first ballot, beating incumbent Megan Dunn by nearly 50 votes. In a late campaign twist last week, leaders of Jewish societies at 48 universities around the UK signed an open letter calling for her to answer questions about her past comments calling the University of Birmingham a “Zionist outpost” and referring to its large Jewish society as a problem. Her response to the letter was deemed insufficient by both Jewish student leaders and the OUSU sabbatical team, which decided to not support Bouattia in the election.Immediately after the results were announced, Oxford students across the ideological spectrum voiced discomfort with Bouattia representing them. “An anti-Semite has won the NUS Presidential election. We are disgusted”, Oxford NUS representatives ‘Oh Well, Alright Then’ tweeted after the announcement.Others started calling for OUSU to dissociate from the NUS in response.“Bye bye NUS,” an Open Oxford post read. “You don’t represent me. You don’t represent 99% of British students, and you certainly don’t represent British Jews who you repeatedly defame, humiliate and denigrate.”Neither the OUSU Sabbatical Team nor ‘Oh Well, Alright Then’ slate members have released their official positions on disassociation, but are expected to announce their intentions in the coming days.last_img read more

Exclusive: Union open period events announced

first_imgTony Abbott, Sir Paul Smith, and Jo Malone will join Jude Law and Jeremy Gilley at the Oxford Union during its annual Open Period, Cherwell can exclusively report.Heads of state and diplomats feature heavily in the first few weeks, including the Iranian Ambassador to the UK and the former President of Botswana, Ian Khama. Prime Minister of Sri Lanka, Ranil Wickremesinghe, will explore the geopolitical future of the Indian Ocean.Meanwhile, former Australian Prime Minister, Tony Abbott, will deliver a talk entitled “Brexit – be happy!”, while former President of Finland, Tara Halonen, will discuss sustainable development.Two debates will take place, notably the perennial ‘No Confidence’ debate including Universities Minister Sam Gyimah MP, Conservative Chairman Brandon Lewis, and Shadow Defence Secretary, Nia Griffiths MP, for the Opposition. There will be ten individual speaker appearances.Two special events will take place during the period. Firstly, on 10th October. RT (formerly Russia Today) UK editor Nikolay Bogachikhin will be giving a presentation followed by a Q&A accompanied by Deputy Editor in Chief, Anna Belkina.In addition, a special ‘Head to Head’ event will take place on 17th October, which will see EU Vice-President Valdis Dombrovskis, who is responsibile for the euro and fiscal union, arguing that ‘The Euro is Stronger than it has ever Been’, a day before a crucial meeting of the European Council.With a new prominence of titled talks across Michaelmas, Bulgarian President Rumen Radev will also be lecturing on ‘The Security Challenges Facing Europe.”Leaving current affairs behind for the metaphysical, the final debate of the Open Period, “This House Believes that Science Alone Cannot Answer our Deepest Questions” will bring together philosophers, such as Oxford’s own Prof Richard Swinburne, and scientists including American cosmologist Frank Tipler.Any student with a Bod or Brookes card will be able to attend any of these events prior to the 18th October without Union membership. Those interested in becoming members will be able to at a reduced price during the Open Period.last_img read more

Ocean City Church’s Generosity Helps Kids’ Food Science Camp

first_imgChildren make Ocean City-inspired gingerbread “surf shacks” at the Food Science Camp. (Photos courtesy of Jennifer Bowman) By TIM KELLYThe spirit of cooperation is one reason, and a big one at that, why Ocean City claims the title of “America’s Greatest Family Resort.”Large scale events, which the city seems to pull off dozens of times a year, don’t just happen. They take place because numerous people and organizations work together to make the magic happen.“I’ve never seen anything like this town for an event,” said Tracey Herishen, who planned a major skateboarding event in Ocean City earlier this year. “At other places you are always trying to overcome obstacles. Here, (the city says) ‘What can we do to help make the event successful?’”Another case in point is Ocean City’s day camp for kids ages 7-11 titled “Food Science in Ocean City: the Science of Making and Baking Desserts.” The camp teaches kids that baking is actually a chemical reaction, and that adjusting ingredients and other aspects of the baking process affects the final result.The only issue is that the Ocean City Bayside Center, the camp’s home, does not have kitchen facilities able to accommodate a baking project of the camp’s scale. Enter St. Peter’s United Methodist Church on Eighth Street.“St. Pete’s was incredible,” said Jennifer Phander, an Ocean City resident, retired teacher in the Middle Township district, and one of the camp counselors. “They didn’t just open their doors and let us use their kitchen, they were there for us.”St. Peter’s United Methodist Church, located at the corner of Eighth Street and Central Avenue.Phander said the campers reported to Bayside for their first day, walked to St. Peter’s, and for the rest of the week, parents dropped off and picked up their kids directly at the church, where the kids baked, baked, and baked some more in the professionally equipped kitchen facilities.“You might assume that (a camp field trip) would be for a morning, or maybe for a day.  This was a major commitment for the church to let us take over the kitchen for an entire week,” Phander said.Phander went on to say that St. Peter’s Pastor Larry Oksten wasn’t simply welcoming, he was present many times throughout the campers’ stay. “The pastor was there and members of the staff were there and so interested and very helpful,” she said. “I wish I could remember the gentleman’s name who was there to help us clean up. The kids tried, but they will take a push broom and pull it behind them.” The staff member cheerfully went over the areas the children missed, she said.“That’s how the church pastor and staff were all week,” Phander remarked. Food Science campers focus on a baking lesson.The camp, one of the city’s most popular, was filled to its 15-child limit, with a waiting list just as long.The children made gingerbread houses, and because this is Ocean City, they gave their edible buildings a beach theme and adorned them with surfboards and other seaside staples. Their gingerbread houses became gingerbread “Surf Shacks.”They also baked cakes, cookies and a variety of other dessert treats. As if teaching kids how to bake and giving them a science lesson in the process weren’t enough, the cookies made by the children took on a higher purpose.  The cookies weren’t eaten by the kids or taken home to enjoy later. Instead, they were donated to Kookie Kids Bake for a Cause, one of St. Peter’s missions.The not-for-profit organization sells freshly baked cookies in the community, including at the weekly Ocean City Farmers Market. Proceeds from the cookie sales benefit a variety of local charities and causes, including a group that grants wishes for terminally ill kids. Thus, through St. Peter’s generous donation of the church kitchen facilities, the cookies became the basis for yet another good deed.Food Science campers get ready to create one of their sweet treats.last_img read more

PPPP, Twiddle, Kitchen Dwellers Announce ‘TwidGeonDwellers’ Red Rocks Set, Share Collab Playlist [Listen]

first_imgAs Pigeons Playing Ping Pong and Twiddle continue to gear up for their Red Rocks co-bill with support from Kitchen Dwellers on Thursday, May 2nd, the three bands have revealed an exciting new element of their upcoming bash on the Rocks: TwidGeonDwellers, a fully collaborative set during which all three bands will share the stage.Along with the TwidGeonDwellers Red Rocks set announcement, Pigeons Playing Ping Pong, Twiddle, and Kitchen Dwellers shared a special playlist that compiles live cuts from previous collaborations and covers between the three bands over the years. The nine-song playlist includes such crossovers as Twiddle and Pigeons playing “Ghostbusters” in Boulder, CO (8/2/17), Pigeons guitarist Jeremy Schon joining Twiddle for “Apples” in Washington, D.C. (10/26/18), Kitchen Dwellers covering Pigeons’ “Burning Up My Time” in Atlanta, GA (11/3/18), and more.You can listen to the TwidGeonDwellers playlist below:TwidGeonDwellers Playlist – Pigeons Playing Ping Ping, Twiddle, Kitchen DwellersAhead of Twiddle and Pigeons Playing Ping Pong’s Red Rocks blowout, the two bands will link up for a 5-night joint Road To Red Rocks run. The Road To Red Rocks mini-tour promises to be something truly amazing for two bands who truly grew through the scene simultaneously, speaking to their intertwined–and very friendly–history. For this limited run of shows, Twiddle and Pigeons Playing Ping Pong will alternate who closes each night. Additionally, fans will be treated to a full set of music from both bands at each stop, with each show lending itself to spontaneous sit-ins and unique collaborations between groups.Tickets for Twiddle and Pigeons Playing Ping Pong with Kitchen Dwellers (and the newly announced TwidGeonDwellers set) on May 2nd are still available but moving fast. Grab yours here today.Tickets for all Road To Red Rocks dates are on sale now and can be purchased through Twiddle and Pigeons Playing Ping Pong‘s websites. For a list of their Road to Red Rocks shows, see below:Road To Red Rocks Tour Dates4/24 – Columbia, MO – Blue Note4/25 – Urbana, IL – Canopy4/26 – Milwaukee, WI – Turner Hall Ballroom4/27 – Minneapolis, MN – Varsity Theater4/28 – Omaha, NE – Slowdown5/2 – Morrison, CO – Red Rocks AmphitheaterView Tour Dateslast_img read more

Outage hits Inn, South Dining Hall, West Quad

first_imgAround 200 guests evacuated the Morris Inn and several campus buildings suffered a power outage early Saturday morning after a water build-up caused electrical problems. University spokesman Dennis Brown said the Morris Inn was evacuated around 4:45 a.m. Saturday. “There was some flickering lights at the Morris Inn and there was some smoke, and they could smell something burning,” he said. Officials found that the smoke and the burning smell came from a motor on an air conditioning unit. The unit was turned off and guests were allowed to return to their rooms after five to 10 minutes, Brown said. The source of the problem was a water build-up in an electrical manhole located north of Keough Hall. In order to fix the problem, power was shut off in five campus buildings, he said. The Morris Inn, South Dining Hall, Welsh Family Hall, Duncan Hall and Keough Hall were affected by the power outage. Brown said the University used the campus public address system to alert people in the affected buildings that power would be turned off. Power was turned off around 7 a.m. and was restored by 10 a.m. in the Morris Inn, South Dining Hall and Duncan Hall. It was restored in Keough and Welsh Family Halls by around 2 p.m.last_img read more

Formber USCCB official discusses sexual abuse

first_imgAfter more than two decades of media scrutiny on the issue of child sexual abuse in the Catholic Church, Dr. Kathleen McChesney, former head of the Office of Child Protection at the United States Conference of Catholic Bishops, provided an assessment of the Church’s progress in a lecture Monday night. The talk, entitled “Sexual Abuse in the Catholic Church: Where are We Now?,” was part of the Provost’s Distinguished Women’s Lecture series. McChesney offered an overview of the history of abuse in the Church, the Church’s responses and possible remedies going forward. McChesney stressed while the involvement of clergy in abuse is reprehensible, the sexual abuse of minors is a major societal issue in the United States. “This is not just a Catholic problem. Sexual abuse of children occurs in youth serving organizations, it occurs in public schools … it occurs in other faiths, other denominations,” she said. “Most important, child sex abuse occurs most often within families.” Sexual abuse is grossly underreported, she said, with one in four women and one in six men having suffered attempted or actual abuse by adulthood. The reluctance to report the abuse leaves the true number of incidents within the Church difficult to pin down. Church investigations have found at least 15,000 allegations with some merit, although some victims’ groups estimate the number to be as high as 100,000, she said. “It doesn’t matter if this number is one,” she said. “The number exists and it’s a horrible aspect of our Church.” While still a major concern, allegations have been on the decline in recent years, McChesney said. “Since 2004, when new cases have been counted … 95 have been reported,” she said. This number, down from an average of approximately 600 reports a year over the decades, is partly attributable to measures taken by the Church to prevent the abuse, McChesney said. “There’s lots of programs in place, there’s been lots of training, there’s lots more screening,” she said. While there is a vast range of circumstances in the cases, a study done by the John Jay College of Criminal Justice found a few recurring characteristics, including a frequent lag in reporting the crimes for as long as 20 years and a vast diversity of misconduct ranging from attempted fondling to forced sexual intercourse, McChesney said. Most of the crimes occurred between 1960 and 1984, and victims were primarily boys between the ages of 11 and 14. The number of reports of abuse deemed to have some merit between 1950 and 2011 identify approximately 6,000 clergy members as being involved, representing between four and five percent of clergy members over that period, she said. The response of Church leaders in the early years was largely limited to three options. Firstly, many would attempt to settle the cases with families in some fashion, not necessarily involving the courts, she said. Many reported perpetrators were also sent to undergo treatment The third measure, often criticized by the public, was to move the accused clergy member. “After the offender came back from treatment, they would offer transfer him, which might have made some sense at the time, but ultimately they would put them back in the same environment,” she said. One of the first substantial efforts was made by the Archdiocese of Chicago in 1992, when McChesney said leaders initiated educational programs, brought in lay professionals on staff and extended screening processes. The major breakthrough came in 2002 with the release of a series of articles by The Boston Globe criticizing the procedure of “settle, treat and transfer,” used in hundreds of cases. The Church soon released a “Charter for the Protection of Children and Young People,” which was in large part later made canon law. Since then, the Church has spent $169 million on prevention efforts, including a secondary John Jay College study on possible causes. “In addition to wanting to know what the scope of the problem was, they also wanted to know why it happened,” she said. “The study did not find any particular psychoses, neuroses or any particular behavior characteristics that you could apply across the board.” Moving forward, McChesney pointed to a few possible avenues for improvement. “There’s a great need for more research into preventative methods and what’s working,” she said. “If you do more research in this area you can contribute not only to the Church but for society in general.” McChesney also emphasized the need for continued outreach to victims and their families in an effort to help repair the damage done to the faith lives of those affected. Ultimately, she said these efforts were crucial because of the importance of children to the Church and society. “All this matters because children are a gift, God’s gift to all of us,” she said. “If we don’t, as adults, do everything we can to protect them … then shame on us. We’ve ruined the gift.”last_img read more

Downton’s Joanne Froggatt Will Star in London’s Rabbit Hole

first_img Froggatt’s stage credits include The Knowledge/Little Platoons, All About My Mother, Who’s Afraid of Virginia Woolf?, Playhouse Creatures and Be My Baby. In addition to her role on Downton, her screen credits include The Secrets, True Love, The Royle Family, Identity, Moving On, Murder in the Outback, The Street, Missing, Dinner Ladies and Coronation Street, Still Life, Filth, U Want Me 2 Kill Him?, In Our Name, Echoes, Outside Inn and Miranda. Downton fan spoiler alert: at the end of this piece is a nugget of information about Froggatt and Harman that you won’t want to read if you’ve not yet seen Season Four of the hit TV show. Back to the play, the Tony nominated Rabbit Hole follows the story of Becca and Howie Corbett, parents who have all that a family could wish for, until one day their world is suddenly turned upside down. Eight months following that life-shattering incident the young couple find themselves drifting perilously apart. Rabbit Hole charts their search for comfort in the darkest of places and for a path that will lead them back into the light of day. Downton Abbey’s Joanne Froggatt will star as Becca in the U.K. premiere of David Lindsay-Abaire’s Pulitzer Prize-winning play Rabbit Hole. Directed by Nigel Harman, the show will have a limited engagement in the West End September 11 through November 22. Opening night is set for September 24 at the Vaudeville Theatre. Rabbit Hole was first produced on Broadway in 2006, with Cynthia Nixon playing Becca. Nixon received the Tony Award for Best Actress in a Play for her performance. Lindsay-Abaire later adapted his stage play into a film starring Nicole Kidman. And here’s the spoiler: Harman is also an actor, recently seen in the West End in I Can’t Sing! and on screen in Season Four of Downton Abbey, where he played evil valet Green. Green is the one who raped Froggat’s beloved character Anna and who then mysteriously died. View Commentslast_img read more

Odds & Ends: Patti LuPone Set for More Penny Dreadful & More

first_imgHere’s a quick roundup of stories you may have missed today. Patti LuPone Set for More Penny DreadfulBroadway legend Patti LuPone’s guest-starring turn in last season’s Penny Dreadful was so terrifyingly good (naturally), she been promoted to series regular in season three. According to The Hollywood Reporter, this time out the two-time Tony winner will play eccentric therapist Dr. Seward, who treats Vanessa (Eva Green). The Showtime series will return in 2016.Laura Griffith Steps In for Emily Padgett Another switcheroo owing to, yes, you guessed it a “scheduling conflict.” Great White Way alum Laura Griffith (Sweet Smell of Success) has replaced the previously announced Emily Padgett in the Broadway-bound musical Waterfall. Padgett had led the tuner in its world premiere at the Pasadena Playhouse earlier this summer as scheduled. Also starring Thom Sesma, J. Elaine Marcos and Thai pop superstar Bie Sukrit, the musical will play October 1 through October 25 at Seattle’s 5th Avenue Theatre.Move Over Hamilton; Shakespeare Goes Hip-HopHamilton got you in the mood for theatrical hip-hop? There is now a Shakespeare app that allows users to mix beatbox rhythms as well as lip-sync their fave verses. Called RE: Shakespeare, the creation comes care of the Royal Shakespeare Company in association with Samsung, and is hosted by former Doctor Who star and veteran Shakespeare actor David Tennant, The New York Times reports. We are such stuff as dreams are made on. Or something.Deadly New Trailer for Fassbender’s MacbethSpeaking of Shakespeare…Come, you spirits! We’ve a new trailer for the re-imagined big screen adaptation of Macbeth. Directed by Justin Kurzel, the adaptation is set to hit select movie theaters on December 4 and will be made available exclusively to Amazon Prime Instant Video subscribers in February or March next year. Check out Oscar nominee Michael Fassbender and Oscar winner Marion Cotillard killing it as the bloodthirsty couple below, then join us in hoping that the pair will be making their Broadway debuts sooner rather than later! View Commentslast_img read more

February 15, 2004 Notices

first_imgThe Sixth Circuit Judicial Nominating Commission is now accepting applications to fill an opening on the circuit bench created by the resignation of Judge Charles Weaver Cope.Applicants must be registered Florida voters, members of The Florida Bar in good standing for the preceding five years, and reside in the Sixth Circuit upon assuming office.Applications may be obtained from Sallie D. Skipper, JNC Chair, 5653 Main Street, New Port Richey 34652, (727) 847-0913; or from The Florida Bar’s Web site at www.flabar.org.An original with nine copies of the completed application must be received by Skipper no later than February 23, at 5 p.m. Applicants who fail to strictly comply with the application deadline and filing requirements may be treated as if they had not applied at all. Those who have submitted applications to the Sixth JNC for other recent vacancies must submit new applications for this openingApplications will be reviewed and nominees selected by the Sixth JNC on or before March 29.Young lawyers to fill board positions The Florida Bar Young Lawyers Division is now seeking applicants for the positions of secretary, sergeant-at-arms, recorder, historian, and parliamentarian for its 2004-2005 board.Applicants will be expected to attend all seven of the YLD’s board meetings during the Bar year beginning in June and ending June 2005.Applicants may apply for more than one position.Anyone interested should send a resume and letter explaining why they wish to serve on the board to YLD Administrator Austin Newberry, The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300.The appointments will be made by Michael Faehner, YLD president-elect. The deadline to submit letters and resumes is March 20.Collaborative family law seminar set This rule applies, among other situations, to the sale of a law practice by representatives of a lawyer who is deceased, disabled, or has disappeared. It is possible that a nonlawyer, who is not subject to the Rules of Professional Conduct, might be involved in the sale. JNC seeks judge applicants Nevertheless, the attorney who purchases a practice from an estate is obligated to comply with the specific requirements of the rule such as notice to clients, court approval, and honoring existing fees contracts.In summary, Rule 4-1.17, governing a sale of a practice, read together with Rule 4-5.4(a), permitting an estate to sell a practice, allows the downward adjustment of the practice’s sale price as proposed. Proposed taxation of costs guideline The following is the report of the Civil Procedure Rules Committee, as requested by the Supreme Court, proposing amendments to the Uniform Guidelines for the Taxation of Costs in Civil Actions. Interested persons have until March 15 to submit comments to Judge Jennifer Bailey, Committee Chair, 73 W. Flagler St., Suite 1001, Miami 33130-4763. IN THE SUPREME COURT OF THE STATE OF FLORIDA IN RE AMENDMENTS TO UNIFORM) CASE NO.: SC96726 GUIDELINES FOR TAXATION ) OF COSTS ) PROPOSED REPORT OF THE SUBCOMMITTEE ON REVISED UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTION Pursuant to The Supreme Court of Florida’s Order of March 8, 2001, on the Amendments to Uniform Guidelines for Taxation of Costs, The Florida Bar Civil Procedure Rules Committee continued its analysis of the guidelines. The Supreme Court stressed that the Guidelines “should reflect a policy of reducing the impact of costs upon parties, with the ultimate aim of decreasing the overall costliness of litigation.. . . We must maintain the focus on having costs as low as the bounds of justice will permit.” 1As directed by the Supreme Court, the Committee, through its subcommittee, solicited comments from a broad spectrum of entities. 2 The subcommittee also reviewed virtually all published Florida appellate decisions addressing the Uniform Guidelines for Taxation of Costs, as well as collecting, and considering, the approaches of the other forty-nine (49) states and federal guidelines. Finally, the subcommittee also analyzed the previous written filings by various individuals when the proposed Guidelines were initially published in November 1999.In addition to the appellate case law and statutory information, additional legal themes were also considered. Chief among those was the importance of making the prevailing party whole 3. Also important was simplifying the application of the guidelines so that litigants may predict with greater accuracy the likely aggregate costs 4. Moreover, in attempting to satisfy the Supreme Court’s request, the subcommittee confronted the strain between decreasing the overall costliness of litigation versus simultaneously attempting to make the prevailing party whole. 5From the outset, the subcommittee agreed that the trial court should maintain broad discretion to assess costs. 6 In exercising its discretion, the trial court should consider and reward utilization of innovative technologies by a party which subsequently minimizes costs; and reduce the award when use of innovative technologies would have resulted in lowering costs.Furthermore, the subcommittee agreed that the standard utilized by the trial court in reviewing requests for taxation of costs should be slightly revised from “reasonable” to “reasonably necessary,” which adds to the requirement that the cost be reasonable an additional requirement that it also was necessary, at the time the action was taken, to either defend and/or prosecute the respective party’s case. 7 U nless otherwise expressly indicated, the movant possesses the initial burden of showing that the requested cost was reasonably necessary. 8The subcommittee’s suggestions are as follows: I. Litigation Costs Which Shall be Taxed.A. Depositions1. The original and one copy of the deposition and court reporter’s per diem for all depositions, unless the objecting party shows it was not reasonably necessary. 92. The original and/or one copy of the video deposition and the cost of the services of a technician for video depositions used at trial, unless the objecting party shows it was not reasonably necessary.3. Telephone toll and video conferencing charges for the conduct of telephone and video depositions unless the objecting party demonstrates that the depositions were not reasonably necessary.B. Documents and Exhibits1. The costs of copies of documents admitted (in lieu of “actually cited”) with the court, which assist the court in reaching a conclusion. 2. The costs of copies obtained in discovery, even if the copies were not used at trial, unless an objecting party demonstrates that the copies were not reasonably necessary. 10C. Expert Witnesses1. A reasonable fee for deposition and/or trial testimony, and the costs of preparation of any court ordered report. 11D. Witnesses1. Costs of subpoena, witness fee, and service of witnesses for deposition and/or trial. 12E. Court Reporting Costs Other than for Depositions 1. Reasonable court reporter’s per diem for the reporting of evidentiary hearings, trial and post-trial hearings. 13F. Reasonable Charges Incurred for Requiring Special Masters, Guardians Ad Litem, and Attorneys Ad Litem II. Litigation Costs That May be Taxed as Costs. A. Mediation Fees and Expenses. 1. Costs and fees of Mediator.B. Reasonable Travel Expenses 14 1. Reasonable travel expenses of attorney. 15 2. Reasonable travel expenses of expert. 16 3. Reasonable travel expenses of witnesses. III. Litigation Costs That Should Not be Taxed as Costs.A. The Cost of Long Distance Telephone Calls with Witnesses, both Expert and Non-Expert (including conferences concerning scheduling of depositions or requesting witnesses to attend trial).B. Any Expenses Relating to Consulting But Non-Testifying Experts.C. Cost Incurred in Connection with Any Matter Which Was Not Reasonably Calculated to Lead to the Discovery of Admissible Evidence.D. Travel Time. 1. Travel time of attorney(s). 2. Travel time of expert(s).The Committee respectfully requests that this Court adopt these proposed amendments to the Florida Rules of Civil Procedure.Respectfully submitted ______________________, 2004.HON. JENNIFER DRECHSEL BAILEY JOHN F. HARKNESS, JR. Chair Executive Director Courthouse Centre The Florida Bar 73 W. Flagler St., Ste. 1001 650 Apalachee Parkway Miami, FL 33130-4763 Tallahassee, FL 32399-2300 (305) 349-7016 (850) 561-5600 1 Amendments to Uniform Guidelines for Taxation of Costs, No. SC96726 (Fla. 2001). 2 S ubmissions were received from, among others, The Florida Chapter of the American Board of Trial Advocates (FLABOTA) and the Trial Lawyers Section of The Florida Bar. 3 See Mikes v. City of Hollywood, 687 So.2d 1381, 1384 (Fla. 4 th DCA 1997). 4 See White v. Steak and Ale of Florida, Inc., 816 So.2d 546 (Fla. 2002); City of Jacksonville v. Brooks, 823 So.2d 184 (Fla. 1st DCA 2002). 5 See Caceres v. Physicians Protective Trust Fund, 489 So.2d 869 (Fla. 3d DCA 1986). 6 See Borja v. Nationsbank of Fla., N.A., 730 So.2d 799 (Fla. 3rd DCA 1999); Centex-Rooney Constr. Co., Inc. v. Martin County, 725 So.2d 1255, 1262 (Fla. 4th DCA 1999); Madison v. Midland Nat’l Life Ins. Co., 648 So.2d 1226 (Fla. 4th DCA 1995); State Farm Fire & Cas. Co. v. Oskierko, 334 So.2d 61 (Fla. 3d DCA 1976); Foley v. Peckham, 256 So.2d 65 (Fla. 3d DCA 1971); Winn Dixie Stores, Inc. v. Vote, 463 So.2d 459 (Fla. 2d DCA 1970); Crane v. Stulz, 136 So.2d 238 (Fla. 2d DCA 1961). 7 See King v. Nat’l Sec. Fire and Cas. Co., 656 So.2d 1338, 1339 (Fla. 4th DCA 1995); Buyer Fin. Corp. v. Oliveros, 196 So.2d 451 (Fla. 3d DCA 1967); Emigh v. Tinter, 108 So.2d 913 (Fla. 3d DCA 1959). 8 T hus, unless otherwise indicated, a logical presumption shall attach that the cost shall be taxed. See Gray v. Bradbury, 668 So.2d 296, 298 (Fla. 1st DCA 1996); Kendall Racquetball Invs., Ltd. v. Green Co., Inc. of Fla., 657 So.2d 1187 (Fla. 3d DCA 1995); Powell v. Barnes, 629 So.2d 185, 186 (Fla. 5th DCA 1993). 9 See Nowel v. Broward Gen. Med. Ctr., 725 So.2d 438, 439 (Fla. 4th DCA 1999); Southeast Fla. Cable, Inc. v. Islandia I Condo. Ass’n Inc., 661 So.2d 91, 92 (Fla. 4th DCA 1995); Balseca v. Callies Elec., Inc ., 566 So.2d 322 (Fla. 3d DCA 1990); Mainlands of Tamarac by Gulf Unit No. Four Ass’n Inc. v. Morris, 388 So.2d 226 (Fla. 2d DCA 1980); Fatolitis v. Fatolitis, 271 So.2d 227 (Fla. 2d DCA 1973); Vote, 463 So.2d at 460; but see Schnier v. Barnett Bank of S. Fla., N.A., 595 So.2d 143 (Fla. 3d DCA 1992). 10 See Martin v. Marlin, 528 So.2d 943 (Fla. 3d DCA 1988) Keener v. Dunning, 238 So.2d 113, 114 (Fla. 4th DCA 1970); but see In re Estate of Williams, 771 So.2d 7 (Fla. 2d DCA 2000); State Farm Mut. Auto. Ins. Co. v. Sampaio, 374 So.2d 617, 618 (Fla. 4th DCA 1979). 11 Eppler v. Tarmac Am., Inc., 695 So.2d 775, 777 (Fla. 1st DCA 1997); Hyster Co. v. Stephens, 560 So.2d 1334, 1337 (Fla. 1st DCA 1990); Conboy v. City of Naples, 230 So.2d 476 (Fla. 2d DCA 1970); Rule 1.390(c), Fla.R.Civ.P.; but see § 92.231, Fla. Stat. (2002); Seabrooks v. Winn Dixie Stores, Inc., 745 So.2d 1039 (Fla. 1st DCA 1999); Wuesthoff Mem’l Hosp. v. Tapia, 687 So.2d 1370, 1371 (Fla. 1st DCA 1997). 12 See §§ 92.142 & 92.151, Fla. Stat. (2002). 13 See Waller v. Baxley, 565 So.2d at 808 (Fla. 2d DCA 1990); Abraham v. S.N.W. Corp., 549 So.2d 776 (Fla. 4th DCA 1989); Schumacher v. Wellman, 415 So.2d 120, 122 (Fla. 4th DCA 1982); Weiss v. Turtletaub, 386 So.2d 1245 (Fla. 3d DCA 1980). 14 T ravel expenses are defined as reasonable costs when traveling in excess of 100 miles from the expert’s and/or attorney’s principal place of business. Travel expenses do not include the expert’s and/or attorney’s time. 15 See Barnes v. City of Dunedin, 666 So.2d 574 (Fla. 2d DCA 1996); C.B.T. Realty Corp. v. St. Andrews Cove I Condo. Ass’n, Inc., 508 So.2d 409 (Fla. 2d DCA 1987); but see Beyel Bros., Inc. v. Lemenze, 720 So.2d 556 (Fla. 4 th D CA 1998). 16 See C.B.T. Realty, 508 So.2d at 411. Pursuant to Bar Rule 3-7.10, Joseph Marcelo Rodriguez has petitioned the Florida Supreme Court for Bar reinstatement.Rodriguez was suspended for three years nunc pro tunc February 15, 2001, pursuant to court order dated January 3, 2002, as a result of his adjudication of guilt of the felony of unlawful compensation/reward for official behavior.Any persons having knowledge bearing upon Rodriguez’ fitness or qualifications to resume the practice of law should contact Randolph M. Brombacher, Bar Counsel, The Florida Bar, Suite M-100, 444 Brickell Avenue, Miami 33131, telephone (305) 377-4445.Wells petitions for reinstatement Pursuant to Rule 3-7.10, Alexander Zouzoulas has petitioned the Florida Supreme Court for Bar reinstatement.Zouzoulas was suspended from practice of law for six months, effective January 4, 2003, for failing to act diligently in his representation of clients, failing to maintain adequate communication with clients, engaging in a conflict of interest, failing to account for funds held for a third person, failing to respond to the Bar during its investigation, and failing to comply with the terms of a prior term of probation.Anyone having knowledge bearing upon Zouzoulas’ fitness or qualifications to resume the practice of law should contact Kenneth H. P. Bryk, Bar Counsel, The Florida Bar, 1200 Edgewater Dr., Orlando 32804-63 14, telephone (407) 425-5424.Juvenile procedure rules amendments In response to comments received following publication of the committee’s proposed amendments to the Florida Rules of Juvenile Procedure (The Florida Bar News, October 1, 2003), the committee has made a revision to the proposed amendment to Rule 8.300.The committee’s original proposal for this rule was to amend subdivision (a) to list persons who may take a child into custody. The amendment was intended to conform the rule to section 39.401(1)(b), Florida Statutes. The Committee on Families and Children in the Court believed that the amendment as written was in conflict with the statute. The Juvenile Court Rules Committee believed that the statute was subject to interpretation. The committee voted by 21-0-0 to revise the amendment to this rule to take out the original change and also delete “by any person,” so that subdivision (a) reads: “An affidavit or verified petition may be filed alleging factors.. . . ” The committee’s intention remains to conform the rule to the statute.The full text of the proposed rule is available on The Florida Bar’s Web site at www.flabar.org.Proposed ethics advisory opinions The Professional Ethics Committee has issued Proposed Advisory Opinions 02-8 and 03-1 reprinted below. Pursuant to Rule 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the proposed opinion. The committee will consider any comments received at a meeting tentatively scheduled to be held in Orlando, Florida on March 26. Comments must contain the proposed advisory opinion number and clearly state the issues for the committee to consider. A written argument may be included explaining why the Florida Bar member believes the committee’s opinion is either correct or incorrect and may contain citations to relevant authorities. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300, and must be postmarked no later than 30 days from the date of this publication. PROFESSIONAL ETHICS OF THE FLORIDA BAR PROPOSED ADVISORY OPINION 02-08 (January 16, 2004) The Professional Ethics Committee has received an inquiry from a member of the Florida Bar who is contemplating entering into a referral arrangement with a nonlawyer. The inquiring attorney has been approached by a securities dealer who would like to pay members of the Florida Bar a portion of any advisory fee generated in exchange for referring clients to a specified financial advisor. The attorney would also have the option of taking an examination to become an investment advisor. The attorney could then become actively involved on the client’s account and be eligible to share in an advisory fee based upon the amount of work the attorney performs on the client’s account.This inquiry raises two questions. The first question presented is whether an attorney can accept a referral fee from a nonlawyer, such as a financial advisor. Two prior opinions issued by this Committee apply to this type of an arrangement. Ethics Opinion 60-26 does not disapprove of the payment of a fee to a lawyer provided the following three conditions are satisfied: (1) the lawyer is satisfied after conducting an independent investigation that the investment or referral is a proper one under all of the circumstances; (2) the lawyer makes a full disclosure to the client of all the facts, including the fact of a prospective payment of a fee to him/her by the investment company; and (3) the lawyer secures his/her client’s consent in writing to such a payment.In addition, a lawyer must comply with the requirements of Ethics Opinion 70-13 that discusses the payment of fees to attorneys by financial institutions. In that opinion, the Committee reaffirmed Opinion 60-26 but placed an additional requirement that the lawyer pass on the benefit to the client or credit the client against fees ordinarily charged by the attorney.The second issue is whether an attorney can ethically refer a client to an ancillary business in which the attorney has a financial interest and will provide the client nonlegal services. Presuming that the ancillary business is more than an attempt to circumvent the restrictions on referral arrangements as outlined in Ethics Opinion 60-26 and 70-13, nothing in the Rules Regulating the Florida Bar creates a per se prohibition for an attorney to refer a client to a bona fide ancillary business in which the attorney has an interest.Recently, The Florida Bar has promulgated Rule 4-5.7 that speaks to the issue of responsibilities regarding nonlegal services. Rule 4-5.7 provides the following: (a) Services Not Distinct From Legal Services. A lawyer who provides nonlegal services to a recipient that are not distinct from legal services provided to that recipient is subject to the Rules Regulating the Florida Bar with respect to the provision of both legal and nonlegal services. (b) Services Distinct From Legal Services. A lawyer who provides nonlegal services to a recipient that are distinct from any legal services provided to the recipient is subject to the Rules Regulating The Florida Bar with respect to the nonlegal services if the lawyer knows or reasonably should know that the recipient might believe that the recipient is receiving the protection of the attorney client-lawyer relationship. (c) Services by Nonlegal Entity. A lawyer who is an owner, controlling party, employee, agent, or otherwise is affiliated with an entity providing nonlegal services to a recipient is subject to the Rules Regulating The Florida Bar with respect to the nonlegal services if the lawyer knows or reasonably should know that the recipient might believe that the recipient is receiving the protection of the client-lawyer relationship. (d) Effect of Disclosure of Nature of Service. Subdivision (b) or (c) does not apply if the lawyer makes reasonable efforts to avoid any misunderstanding by the recipient receiving nonlegal services. Those efforts must include advising recipient, preferably in writing, that the services are not legal services and that the protection of a client -lawyer relationship does not exist with respect to the provision of nonlegal services to the recipient. Additionally, this Committee has issued a number of opinions which preclude an attorney from using a nonlegal business as a “feeder” to the attorney’s law firm. See Ethics Opinions 88-15, 79-3, 78-14 and 73-1. In short, the inquirer and the inquirer’s firm may own an ancillary business and provide financial services to clients as suggested subject to Rules 4-1.7(b), 4-1.8(a), 4-5.7 and 4-7.4(a) as discussed above. PROFESSIONAL ETHICS OF THE FLORIDA BAR PROPOSED ADVISORY OPINION 03-1 (January 16, 2004) The committee has been asked to provide guidance regarding an agreement to purchase the practice of a deceased attorney. The purchase price is to be made in installments. The agreement includes a contingent “deficiency reduction” based on the amount of actual collections attributable to the practice purchased. The terms provide for a set purchase price payable in yearly installments. The annual installments may be adjusted and reduced if the firm’s collections are less than an agreed upon amount in future years.The inquirer asks whether the arrangement is ethical in light of the comment to Rule 4-1.17 which states that the division of fees between buyer and seller from matters that arise after the sale must be in compliance with the fee-division provisions of Rule 4-1.5.The inquirer is specifically concerned about the provisions of rule 4-1.5(g) which require a division of fees between lawyers who are not in the same firm either to be in proportion to services performed by each lawyer, or to be pursuant to a written agreement with the client in which each attorney assumes joint responsibility and both the division of fee and basis for the fee division are disclosed. The attorney recognizes that the estate, being a nonlawyer seller of a practice, would not be able to comply with the requirements of this rule.Prior to the adoption of Rule 4-1.17, the sale of a law practice was ethically impermissible. Although an attorney could sell the physical assets of a law office, the firm itself and the intangible asset of “goodwill” could not be sold or purchased. Florida Ethics Opinion 87-6 (withdrawn). In 1992 the Supreme Court of Florida adopted Rule 4-1.17 and amended rule 4-5.4 to authorize the sale of a law practice. The sale of a practice by a lawyer or a law firm is controlled by Rule 4-1.17 while the sale by an estate or a legally authorized representative of a deceased, disabled, or disappeared attorney is sanctioned by Rule 4-5.4.The comment to Rule 4-1.17 states that the seller may be compensated for the reasonable value of the practice. The reasonable value of a practice includes the firm’s goodwill which is the “value assigned to the expectation of future business.” Detroit Bank and Trust Co. v Cooper, 287 N.W.2d 266, 286 (Mich. Ct. App. 1979). In other words, goodwill has been described as “the probability that old customers of a concern will continue their custom and recommend it to others.” O’Hara v. Ahlgren, Blumfeld and Kempster, 537 N.e.2d 730 (Ill. 1989). The committee recognizes that in a sale it may be difficult to determine the value of goodwill and believes that the adjustment of the price of a practice purchased from an estate may be based upon future revenues under the plain language of Rule 4-5.4.Recognition that attorneys’ estates are entitled to different treatment under the rule prohibiting fee sharing with nonlawyers is not without precedent. Even before the amendments to Rule 4-5.4 authorized the sale of a practice by an estate, the rule permitted a law firm to pay a deceased firm member’s estate for the value of legal services performed prior to the death. Additionally, the rule historically allowed an attorney who completed the unfinished legal business of a deceased lawyer to pay a portion of the fee to the estate. Thus, there are historical limited exceptions to the prohibition on sharing fees with nonlawyers to permit the division of fees in a deceased attorney’s estate. Rule 4-5.4 was amended to make the sale of a practice an additional exception.The provision of the rule authorizing the sale of a law practice by an estate should be interpreted to allow the division of fees between the seller estate and a purchasing lawyer from matters that arise subsequent to the sale. The comment to Rule 4-1.17 supports the interpretation that the requirements of Rule 4-1.5(g), regarding dividing a fee between lawyers in different firms, pertains to a sale between lawyers: Lawyers participating in the sale of a law practice are subject to the ethical standards applicable to involving another lawyer in the representation of a client for all matters pending at the time of the sale. These include, for example, the seller’s ethical obligation to exercise competence in identifying a purchaser qualified to assume the practice and the purchaser’s obligation to undertake the representation competently (see rule 4-1.1); the obligation to avoid disqualifying conflicts, and to secure client consent after consultation for those conflicts that can be agreed to (see rule 4-1.7); and the obligation to protect information relating to the representation (see rules 4-1.6, 4-1.8(b), and 4-1.9(b)). If the terms of the sale involve the division between purchaser and seller of fees from matters that arise subsequent to the sale, the fee-division provisions of rule 4-1.5 must be satisfied with respect to such fees. These provisions will not apply to the division of fees from matters pending at the time of sale. [emphasis added] The Board of Governors is seeking applicants for the following vacancies for nominations to be submitted to Governor Bush on or before June 3: Judicial Nominating Commissions: One lawyer vacancy for each of the 26 JNCs. The Florida Bar must nominate three lawyers for each vacancy to the governor for his appointment. Each appointee will serve a four-year term, commencing July 1. Applicants must be engaged in the practice of law and a resident of the territorial jurisdiction served by the commission to which the member is applying. Applicants must comply with state financial disclosure laws. Commissioners are not eligible for state judicial office for vacancies filled by the JNC on which they sit for two years following completion of their four-year term.Applications must be completed for each vacancy you are applying for and must be received by mail or fax, (850) 561-5826, no later than 5:30 p.m., Friday, March 19 in the Executive Director’s Office of The Florida Bar. Resumes will not be accepted in lieu of an application. Screening committees of the Board of Governors will review all JNC applications. The committees will then make recommendations to the Board of Governors.Persons interested in applying for any of these vacancies may download the proper application form (there is a specific JNC application) from the Bar’s Web site, www.flabar.org, or should call Bar headquarters at (850) 561-5600, ext. 5757, to obtain the application. Completed applications must be received by the Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-2300 by the March 19 deadline.Board to make appointments in April February 15, 2004 Regular News February 15, 2004 Noticescenter_img Pursuant to Bar Rule 3-7.10, William Pena Wells has petitioned the Florida Supreme Court for Bar reinstatement.Wells was suspended for three years, nunc pro tunc to October 22, 1998.Any persons having knowledge bearing upon Wells’ fitness or qualifications to resume the practice of law should contact Vivian M. Reyes, Bar Counsel, The Florida Bar, Suite M-100, 444 Brickell Avenue, Miami 33131, telephone (305) 377-4445.Zouzoulas petitions for reinstatement In response to a suggestion by The Florida Bar Board of Governors, The Florida Bar Foundation has revised its proposed bylaw amendments permitting nonlawyer members of the Foundation. The revised amendment would increase the number of nonlawyer Foundation board members from two to up to four as follows:ARTICLE II Directors 2.1 Number. The affairs of the Foundation shall be managed by a board of directors consisting of eight (8) six (6) directors as set forth in Article 5 6. 2 (a) through Article 5.2(e) of the Articles of Incorporation as amended, no fewer than two or more than four directors as set forth in Article 5.2(f) of the Articles of Incorporation as amended, eighteen (18) directors as set forth in Articles 56.3 of the Articles of Incorporation as amended, and the duly elected officers, as set forth in Article 5 6. 4 of the Articles of Incorporation as amended. Directors selected pursuant to Article 6.3 of the Articles of incorporation as amended who are members of The Florida Bar shall be members of the Foundation for their terms.Foundation members wishing to comment on this proposed bylaw amendment should direct their comments to Jane Curran, Foundation executive director, 109 East Church St., Suite 405, Orlando 32801. Comments must be received by the Foundation no later than March 9.Comments sought on Magistrate Snyder The 20th Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the Lee County bench created by the elevation of Judge Frank J. Porter to the circuit court.Applicants must be registered Florida voters, members of The Florida Bar in good standing for the preceding five years, and reside in Lee County upon assuming office.Applications may be obtained from Darol H. M. Carr, JNC Chair, 99 Nesbit Street, Punta Gorda 33950 or from The Florida Bar’s Web site at www.flabar.org.An original plus nine copies of the completed application must be received by Carr no later than February 19, at 5 p.m. Applicants who fail to strictly comply with the application deadline and filing requirements may be treated as if they had not applied. Those who have previously submitted applications to the commission for recent vacancies must submit new applications for this vacancy.Applications will be reviewed and interviews conducted by the 20th JNC on or before March 8.Sixth JNC seeks judge applicants The Board of Governors is seeking applicants for the following vacancies to be filled during its April 2 meeting: Supreme Court’s Bar Admissions Committee: One lawyer to serve a two-year staggered term commencing July 1. This Supreme Court committee, which is authorized under Rule 1-26.2 of the Rules Relating to Admissions to the Bar, coordinates the work of the bench, bar, law schools, and bar examiners. It consists of 13 members, two of whom are designated by the Board of Governors.Persons interested in applying for these vacancies may download the application from the Bar’s Web site, www.flabar.org, or should call Bar headquarters at (850)561-5600, ext. 5757, to obtain an application form. Completed applications must be submitted to the Executive Director, The Florida Bar, 651 East Jefferson Streeet, Tallahassee 32399-2300 no later than close of business, Monday, March 8. Resumes will not be accepted in lieu of an application.Foundation proposes bylaw amendments The current term of office of United States Magistrate Judge Howard T. Snyder, who is located in Jacksonville, is due to expire on January 11, 2005. The United States District Court is required by law to establish a panel of citizens to consider reappointment of the magistrate judge to a new eight-year term.The basic jurisdiction of a United States magistrate judge is specified in 28 U.S.C. §636. The duties of the position are demanding and wide-ranging and include but are not limited to: conduct of most preliminary proceedings in criminal cases; trial and disposition of misdemeanor cases; conduct of various pretrial matters and evidentiary proceedings on delegation from district judges; and trial and disposition of civil cases upon consent of the litigants.Comments from members of the Bar and public are invited as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the court and should be directed to: Sheryl L. Loesch, Clerk of Court, United States District Court for the Middle District of Florida, Attn: Magistrate Judge Reappointment Comments, 80 N. Hughey Ave., Room 300, Orlando 32801These comments must be received no later than Friday, March 19.20th JNC seeks judge applicants It is the opinion of the committee that this section of the comment regarding the applicability of other ethics rules governs a sale between attorneys, and not a sale by a nonlawyer estate. In fact, another section of the comment specifically states: A collaborative family law seminar titled “Developing Conceptual Frameworks and Critical Skills in Collaborative Family Law” is set for February 19-20 in Ft. Lauderdale.Chip Rose, a nationally known collaborative law trainer, will lead the seminar, which is open to attorneys, as well as financial and mental health professionals, according to Rosemarie S. Roth, founding president of the Collaborative Family Lawyers Institute in Miami.The members of the Collaborative Family Lawyers Institute encourage clients to use the alternative dispute resolution process of collaborative law instead of going to court to resolve issues and settle family law conflicts.For registration information call Roth at (305) 596-7303 or e-mail her at [email protected] or call Judy Hodor at (305) 279-4044 or e-mail her at [email protected] petitions for reinstatement As indicated by Rule 4-5.7, an attorney who has a financial interest, owns an interest or is otherwise affiliated with a nonlegal entity would be subject to all of the Rules Regulating the Florida Bar, unless the activities are distinct from legal services. An attorney should advise the recipient of nonlegal services in accordance with Rule 4-5.7(d) to avoid any misunderstanding that the services being provided are legal services. Whether or not the services being provided by the inquirer are considered nonlegal services is a factual question beyond the scope of an ethics opinion.Because the inquirer intends to refer legal clients to an ancillary business, all activity related to the referral will be subject to the Rules Regulating the Florida Bar. Rule 4-1.7(b) requires that an attorney not allow his or her own personal interest to affect advice given to a client. Any recommendation to a client to use a particular business or service must be in the client’s best interest. Assuming the recommendation to use an attorney’s ancillary business is in the best interest of a client, Rule 4-1.8(a) requires the attorney to comply with the following: (a) Business Transactions With or Acquiring Interest Adverse to Client. A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, except a lien granted by law to secure a lawyer’s fee or expenses, unless:(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;(2) the client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and the client consents in writing thereto.Moreover, some activities of a nonlegal ancillary business will also be subject to the Rules of Professional Conduct. Rule 4-7.4(a) is instructive and provides: (a) Solicitation. Except as provided in subdivision (b) of this rule, a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, in person or otherwise, when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain. A lawyer shall not permit employees or agents of the lawyer to solicit in the lawyer’s behalf. A lawyer shall not enter into an agreement for, charge, or collect a fee for professional employment obtained in violation of this rule. The term “solicit” includes contact in person, by telephone, telegraph, or facsimile, or by other communication directed to a specific recipient and includes (I) any written form of communication directed to a specific recipient and not meeting the requirements of subdivision (b) of this rule, and (ii) any electronic mail communication directed to a specific recipient and not meeting the requirements of subdivision (c) of rule 4-7.6. [Emphasis added]. last_img read more