Scott and Fenderson Law Blog

WELCOME TO THE SCOTT AND FENDERSON LAW BLOG

This site provides a resource for our clients, where we share our opinions on various legal topics, and include links to other articles,  blogs, and court cases, or reprint articles of interest which have appeared in other publications.  The law firm of Scott and Fenderson PA is located at 4755 Central Avenue, in St. Petersburg Florida. You may learn more about our firm by viewing our web site at www.scottandfenderson.com  We are Florida Lawyers serving clients needs in the areas of; personal injury, auto accidents, family law, divorce and estate planning.  Please note the posts other than reprints of previously published articles,  constitute the opinions of the authors and are not statements of fact. When possible articles and posts are footnoted or supported by links to other published materials, readers should view the links to other published materials and come to their own conclusions on topics discussed on this site. You should not rely on any information contained within this site when making legal decisions or handling legal matters.  This site does not constitute legal advice.  Always seek the advice of a lawyer before making any decision or taking any course of action on any legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide ask us to send you free written information on our qualifications and experience.

NEW FLORIDA BAR RULES PROPOSED

Florida Bar’s Special LRS Committee looks at restricting lawyer’s participation in for-profit lawyer referral services which also make medical referrals 

   In  the recent report in The Florida Bar News regarding proposals made to The Florida Bar’s Special Committee on Lawyer Referral Services which would restrict Florida lawyers’ participation in for-profit lawyer referral services which make other referrals. 

            At its January 13, 2012 meeting, the Special Committee reviewed several proposals that would restrict lawyers from participating in referral service which also handle referrals for non-legal services, including medical treatment.  The Special Committee was created to examine alleged concerns about for-profit services which provide both medical and legal referrals. The Committee reviewed four proposals and decided to send the four proposals to Bar staff and Bar Legal Counsel Barry Richard for their review and responses before the committee’s next meeting.

            The Special Committee reviewed the following proposals/options at its January 2012 meeting:

1.         That a lawyer referral service shall not have (any relationship with) (any financial contractual, or ownership interest in) a medical referral service or any person, group of persons, association, organization, or entity that specifically advertises in this state to accident victims or other prospective clients primarily for the purpose of a healthcare provider filing a claim of payment of treatment of an accident or injury victim and that uses a common phone number, universal resource locator (URL), or other form of shared contact.

2.         That a lawyer shall not accept client referrals from any person, entity, or service that also refers or attempts to refer clients to any type of medical provider.

3.         That a lawyer shall not accept client referrals from any person, entity, or service that refers or attempts to refer clients to any other type of professional service.

4.         That a lawyer shall not participate in or accept referrals from a referral service unless the participants in such referral service are members of The Florida Bar or otherwise subject to the Rules Regulating The Florida Bar.

            The Special Committee had tentatively approved four other recommendations at an earlier meeting:

1.         Requiring that any case referred by a for-profit service be to a specific lawyer at a firm, who would then be responsible for insuring that the referral service complies with the Bar rules. The Committee acknowledged that the Bar cannot directly regulate private referral services, but it can prohibit lawyers from joining services that do not comply with Bar rules, including rules on advertising.

2.         Requiring lawyers, when they join a referral service, to register with the Bar and provide disclosure of the relationship with the referral service.  According to the Committee, for-profit referral services are currently required to send a list of participating attorneys to the Bar, but some do not comply.

3.         Prohibiting lawyers from accepting a referral from a referral service unless the initial contact is made by the potential client.  The Committee said this would address situations, which came out at the committee’s public hearings, wherein people called a medical referral service seeking treatment after an accident, but were then met at a clinic by a lawyer or paralegal who told them they had to sign up with a lawyer before they could be treated.

4.         Recommending that The Florida Bar, possibly as part of a larger public education project, inform the public about solicitation and referral issues, including that lawyers or their representatives are not allowed to directly contact potential clients.  

            Bottom line: This Florida Bar Special LRS Committee is considering proposals which would effectively eliminate a Florida lawyer’s participation in for-profit lawyer referral services which also make referrals to medical providers (or to another professional referral service that refers to medical and other providers).  Further the Florida CFO’s office is also conducting its own investigation and is considering legislation to restrict or prohibit such referral services.   

THE DIVORCE PROCESS EXPLAINED

We have added a new topic to "client services" on our web site and invite you to visit and learn more about the divorce process in Florida.  Go to our web site at www.scottandfenderson.com  or click the "law office" tab above.  Attorney Charles Scott answers questions and clairifies misconceptions that many clients have regarding divorce in Florida.  Our consumer web site is a resource we have created for our clients and friends, check our "client services" page today.

AVOID A DUI ON NEW YEARS EVE - HERE'S HOW

You don't want a DUI on new years eve, it is not the greatest way to start the new year.  It is expensive and will land you in jail for the night, keep you from driving for six months to a year, and cost thousands of dollars, give you a pemanent criminal record,  not to mention it will not be a good way to start out the new year.  Here are some tips to help avoid a DUI and a bad new years eve. Call a cab early, about an hour in advance of when you want the cab to arrive to pick you up. It is a good idea to program the phone numbers of several cab companies into your phone before you leave the house, that way you will have them handy when you need a cab to get home.  Another option is to hire a limo for the entire evening. The limo will cost you possibly $500 or more, but a DUI will cost significantly more, several thousand dollars, plus a criminal record, loss of license, etc.  A limo will pick you up at your door, drive you from bar to bar, wait for you in the parking lot and bring you back home at the end of the night. If you have serveral friends with you the cost of the limo can be divided and end up costing you very little.  Consider a designated driver, perhaps someone that gave up drinking but would enjoy going out on new years eve. Public transportation is also an option and the bus lines including trolley bus lines will be running on new years eve.  Keep this in mind, you can get a DUI for just sitting behing the wheel of a car, even if the car is not running, so avoid getting behind the wheel of any car if you have been drinking. You can also get a DUI on a bicycle so leave the bike at home.  Have a safe and happy new years eve. 

CAN (SHOULD) A PERSONAL INJURY LAWYER MAKE MORE MONEY ON A CASE THAN THE CLIENT?

While it may sound hard to believe, it is entirely possible that a personal injury lawyers fees turn out to be more than the client gets in the end. How this happens is as follows; a typical car accident claim with a bodily injury liability policy of $10,000.00, and the injured client has $5,000.00 in unpaid medical bills. If the lawyer takes his 1/3 fee the lawyer gets $3,333.33 and the client gets the remainder or about $1,666.67. For many personal injury clients this comes as quite a shock that the lawyer made more then they did on their case. Is this legal? Is this Ethical? Unfortunately the answer is yes, it is legal and ethical according to the Florida Bar. If you dont want this to happen to you, ask your lawyer if they will reduce their fees at the end of the case so that they dont make more than you. Ask them to give you this promise in writing at the start of the case. If the lawyer wont give you this promise in writing, they probably wont reduce their fees at the end and the above scenario could happen to you.

CELL PHONE BAN PROPOSED BY NTSB

Washington - A federal safety board called Tuesday for a nationwide ban on the use of cell phones and text messaging devices while driving. The recommendation is the most far-reaching yet by the National Transportation Safety Board, which in the past 10 years has increasingly sought to limit the use of portable electronic devices -- recommending bans for novice drivers, school bus drivers and commercial truckers. Tuesday's recommendation, if adopted by states, would outlaw non-emergency phone calls and texting by operators of every vehicle on the road. It would apply to hands-free as well as hand-held devices, but devices installed in the vehicle by the manufacturer would be allowed, the NTSB said. The recommendation would not affect passengers' rights to use such devices. Scott and Fenderson PA has been supporting a ban on texting while driving in Floirda for the past year. You can obtain a free "Dont Text And Drive" bumper sticker from Scott and Fenderson, also get a free cell phone wallpaper for your phone with the same message on our web site www.scottandfenderson.com download the jpg file and set it as your wallpaper.

Anderson Cooper on CNN

How Insurance Companies Avoid Paying Claims

http://www.youtube.com/watch?v=pSj3FLO3IXA&feature=youtube_gdata_player

TEXTING AND DRIVING BAN PASSES SENATE TRANSPORTATION COMMITTEE

Scott and Fenderson PA has been engaging in a "Dont Text and Drive" campaign for almost a year now, and have distributed over 3000 bumper stickers. We still have bumper stickers available, that include a small sticker for the back of your phone or dashboard. We also have a free downloadable screen saver on our web site so your phone will remind you not to text and drive.

TALLAHASSEE - FLORIDA SENATE TRANSPORTATION COMMITTEE

Those who text while driving in the state of Florida may have some serious motivation to break the habit. The Senate Transportation Committee approved the no texting and driving bill by a 10-0 Wednesday. The House companion bill, however, has not made it's way through the committee process yet. Offenders caught breaking the ban on texting while driving would face six points on their driver’s licenses, court costs and a $30 fine. The law prohibits driving while manually typing or entering any keys on a wireless device as well as reading messages on those devices. The exceptions to the rule are those who use hands-free devices and emergency responders.

 

Girl Power in Pinellas County, Florida

I attended the PACE Believing in Girls Lunch yesterday. Thank you to Shelli Askin at Sun Country Cleaners who invited me. I was blown away by what an awesome program PACE is. I was also inspired by the women and girls there and by the concept of "Girl Power" in general.

If you want to get involved with helping women and girls and/or networking with other women here in Pinellas County, here are ten links to awesome women and girls resources to help women and to connect with other women:

1. PINELLAS COUNTY PACE CENTER FOR GIRLS:  http://pacecenter.org/pinellas

2. CASA IN ST. PETERSBURG Community Action Stops Abuse:  http://www.casa-stpete.org

3. BUSINESS AND PROFESSIONAL WOMEN ST. PETERSBURG: http://www.bpwstpetepinellas.org/index.htm

4. PARC Turning Disabilities into Capabilities (not just for girls): http://www.parc-fl.org/

5. WOMEN ON A MISSION:  www.woamtec.com or contact Coni Notter at coni@IQPrintMedia.com for information about the Wendesday mid-Pinellas lunches.

6. LIB - LADIES IN BUSINESS: Contact Morgan Smith at morgancooksmith@yahoo.com for information on this monthly lunch meeting.

7. WIN - WOMEN IN NETWORKING:  http://www.wintampabay.com

8. Soroptimists International:  http://www.largosoroptimists.org/

9. Pinellas County Roller Girls!:  http://www.pinellascountyrollergirls.com/

10. My Hope Chest:  http://www.myhopechest.org/.

Go check out the links and find a way to connect with these organizations that are helping women and girls right here in Pinellas County, Florida.

Feeding America Tampa Bay - Thanksgiving Food Drive at the Law Office of Scott & Fenderson in St. Petersburg

Scott & Fenderson is proudly partnering with Feeding America Tampa Bay to host a Thanksgiving Food Drive! 

How is the food used: Feeding America Tampa Bay is partnered with over 600 charities and churches that distribute this food to the hungry in West Central Florida through their pantry and soup kitchen programs.  Through this network of partner agencies, the food bank dispenses the equivalent of over 250,000 meals for the hungry each week.  Since it began in 1982, the food bank has distributed over 150 million pounds of food.

Who are the people they help?  The working poor who struggle to get by, the grandparents who find themselves fulfilling the role of parents once again, the disabled no longer able to work, and those simply finding the road back from hard times.

Every 1 percent increase in unemployment in Florida equates to an additional 2.5 million pounds of food needed.  The Food Bank distributed almost 17 million pounds of food last year, but it’s an amount that must be doubled in order to fulfill the ever growing need.  Please help.
Thank you for your support.

Items  needed include: canned meats, canned vegetables, canned or dried beans, cereal, peanut butter, canned fruits, canned and boxed meals, pasta and rice, crackers, dry milk, and other nonperishable food items.

Food Donation Items may be dropped off from November 1 through November 21, 2011 from 9 am to 5 pm at the Law Office of Scott and Fenderson, 4755 Central Avenue, St. Petersburg, Florida.

For more information, contact Katrina at 727-321-0099 or email at katrinaatscottandfenderson@gmail.com.

October is Breast Cancer Awareness Month - Don't just be aware, take some action.

If you are a woman or if you are someone who has a loved one who is a woman - mother, sister, wife, daughter, grandmother, friend, aunt, cousin, or co-worker (to name a few of the roles women might play in your life), make sure that you or your loved one is not only aware of Breast Cancer Awareness Month; but also knows what to do about it.

 

My Story:  I am 41 years old and I have been getting mammograms since I was 35 because of family history and self exams.  I am fine, but I have a spot that the doctors watch.  The specialist said that they can never say with absolute certainty that you do not have breast cancer, they can only confirm if you do.  He also said that in most cases, breast cancer is slow growing.  I took this with a grain of salt since I know several women who discovered their breast cancer during a self exam only a month after their routine mammogram; so the take away is that you have to be proactive with breast cancer.

Last year, when I did see the breast specialist, I was fortunate in that he took the time to talk to me for a long time (and he had a pleasant Irish accent to boot).  He addressed my concerns and answered my questions.  Then he expressed his frustration, because he said that for the people who are doing routine self exams, see a doctor for an annual check up, and get mammograms, there is a high likelihood that any breast cancer will be found in time for effective treatment.  The breast specialist told me that he was frustrated, he said, because there is a whole population of women who aren't getting checked and this is where the focus of the awareness needs to be.  

So, TAKE SOME ACTION:  If you are one of those women, please go for a checkup; or if you have a woman in your life who you care about, ask her if she is actually doing something on a routine basis to check to make sure that they are healthy.  Breast Cancer Awareness Month gives you the perfect opportunity to address this subject.

Here are some online links and resources to get you started to becoming more aware during this Breast Cancer Awareness Month:

1. National Cancer Institute Breast Cancer Risk Assessment Tool.

2. Breast Cancer Prevention

3. Have a Check Your Boobies Party!

 

4. Sign Up for A Monthly Email Breast Exam Reminder.

5. If you want to help Breast Cancer Survivors, check out My Hope Chest.