The instant classic Led Zeppelin IV turns 46 today, released officially on November 8th, 1971. Packed with some of the band’s most recognizable music, Led Zeppelin was actually in somewhat of a lull when they released IV. Their third album, Led Zeppelin III, garnered something of a lukewarm reception following their first two successful releases, and the band took time off to really define themselves.Though the album is frequently referred to as Led Zeppelin IV, it is technically an untitled release. The album cover doesn’t even feature Led Zeppelin’s name or the tracklisting, only the artwork seen above and the four symbols, chosen by each of the four band members. The band’s publicists were shocked at their decision, and strongly encouraged them to deliberately represent themselves in an attempt to restore their rock and roll reputation. Despite not listening to the publicists’ advice, the band undeniably revitalized their legacy, proving themselves millions of times over with some of their best music.“Black Dog”. “Rock and Roll”. “The Battle Of Evermore”. “Stairway To Heaven”. “Misty Mountain Hop”. “Four Sticks”. “Going To California”. “When The Levee Breaks”.With those eight songs on the album, Led Zeppelin didn’t need to put their name on the cover. “We decided that on the fourth album, we would deliberately play down the group name, and there wouldn’t be any information whatsoever on the outer jacket”, said guitarist Jimmy Page at the time. “Names, titles and things like that do not mean a thing.” Thus, Led Zeppelin IV cemented its place as one of the all-time great efforts in the history of rock and roll.Take a few moments and listen to this classic album on the day of its release. Enjoy!
DNA extractions, Fibonacci numbers and bouncy ball polymers were the main attractions of Saint Mary’s 21st annual Hypatia Day on Saturday. The event, named for the first female mathematician and scientist in recorded history — Hypatia of Alexandria — is aimed to inspire local seventh grade girls to study math, science and engineering. “The event is for the seventh graders to get them involved in doing fun math and science activities led by all of our student clubs,” Kristin Jehring, mathematics professor and director of Hypatia Day, said. To qualify for participation, Jehring said students apply for the event after their teachers nominate them. “We send out materials to the math and science teachers to the schools in the greater Michigan area,” she said. “They nominate a couple students that they think would benefit and should be encouraged to continue their math and science education.” This year, 95 students were selected. The students, along with their parents, started the day with a welcome from Jehring and a keynote address by Abby Weppler, local meteorologist for WSBT-TV. From there, students from various clubs lead hands-on activities for the girls, Jehring said. “The chemistry club [lead an activity with] bouncy balls to learn about polymers,” she said. In addition, the Biology Club worked with the girls on extracting DNA from strawberries and learning about dissection to experiencing working in the lab. The Nursing Club taught students how to perform Triage and basic CPR, the Engineering Club built bridges with K’Nex and the Math Club showed students how to manipulate a JAVA program. “[The students received] a taste of programming and seeing how little changes will affect the system,” Jehring said. “[They also played] with math theory, Fibonacci numbers and sequences to [observe] patterns.” While the girls conducted experiments, parents attended lectures by mathematics professor Mary Connolly, Director of Admissions Kristin McAndrew and financial aid counselor Lonnie Kizer. The lectures featured information about college affordability, classes women should take in high school to prepare them for college and why a life in science or math is a good option, Jehring said. The day concluded with closing remarks from College President Carol Ann Mooney. Despite the number of hands-on activities offered by the event, Jehring said the most exciting aspect of the event was the participation. “[The seventh graders] get involved, and they’re actively doing things in these sessions,” she said.
A roundtable conference will organize teams of farmers and researchers to address key questions on growing and marketing organic fruits and vegetables Feb. 21-22 in Statesboro, Ga.The Southeast Farmer-Researcher Roundtable on Organic Horticulture will be in the Nessmith-Lane Continuing Education Center on the Georgia Southern University campus.The roundtable will feature a University of Georgia survey, conducted in fall 2002, of organic fruit and vegetable growers and other farmers interested in switching to organics. The report on the survey results will follow a keynote address by Jane Sooby of the Organic Farming Research Foundation.The Georgia Organics Conference will follow the roundtable, Feb. 22-23, at the same site.The roundtable registration fee is $40. Scholarships are available for nonprofit representatives and farmers to attend from each Southern state.For more information, call Marie Bumback of Georgia Organics, Inc., at (706) 340-5179 or (706) 227-2677. Or e-mail her (at [email protected]).
### The US Department of Education today announced that the Vermont Family Network will receive $189,052 in a special education Parent Training and Information Center (PTI) grant to help parents ensure that their children receive a free, appropriate public education as guaranteed by federal law. The Education Department will award a total of $5.3 million for 2011 to operate 19 special education PTI centers in 13 states and Puerto Rico. ‘Parent Centers help families better understand their child’s disability and can often connect them to important local, state and national resources,’ said U.S. Secretary of Education Arne Duncan. ‘These centers will play a vital role in empowering parents and families to learn about appropriate early interventions and special education services.’ Parent information centers provide parents with the training and information they need to work with special education professionals in meeting the early intervention and special needs of children with disabilities. Many parent information centers work closely with state and local school systems to engage parents in working collaboratively to improve outcomes for students with disabilities. For a list of Education Department-funded special education parent information and training centers, visit www.parentcenternetwork.org(link is external). The following is a list of the grants the Department announced and the states or audience that they will serve, including the contact information for the local project directors and the amount of each award: Parent Training and Information Centers: · AK ‘ Stone Soup Group, Kelly Donnelly, [email protected](link sends e-mail), $263,115· AL ‘ Alabama Parent Education Center, Jeana Winter, [email protected](link sends e-mail), $291,281· CO ‘ PEAK Parent Center, Julie Harmon, [email protected](link sends e-mail), $279,445· FL Region 1 ‘ Florida Network on Disabilities, Nicole Brown, [email protected](link sends e-mail), $169,645· FL Region 2 ‘ Central Florida Parent Center, Eileen Gilley, [email protected](link sends e-mail), $491,973· FL Region 3 ‘ Florida Network on Disabilities, Margarita Montalvo, [email protected](link sends e-mail), $330,801· KY ‘ Kentucky Special Parent Involvement Network, Paulette Logsdon, [email protected](link sends e-mail), $258,607· MD ‘ The Parents’ Place of Maryland, Josie Thomas, [email protected](link sends e-mail), $319,295· ME ‘ Maine Parent Federation, Janice LaChance, [email protected](link sends e-mail), $188,545· ND ‘ Pathfinder Parent Center, Cathy Haarstad, [email protected](link sends e-mail), $204,947· NE ‘ PTI Nebraska, Glenda Davis, [email protected](link sends e-mail), $224,894· NV ‘ Nevada P.E.P., Karen Taycher, [email protected](link sends e-mail), $202,813· NY Region 1 ‘ Advocates for Children of New York, Anna Espada, [email protected](link sends e-mail), $210,813· NY Region 1 ‘ Resources for Children with Special Needs, Rachel Howard, [email protected](link sends e-mail), $210,813· NY Region 1 ‘ Singeria, Godfrey Rivera, [email protected](link sends e-mail), $210,813· NY Region 2 ‘ The Advocacy Center, Barb Klein, [email protected](link sends e-mail), $524,874· PR ‘ APNI, Mariel Cabrera, [email protected](link sends e-mail), $271,950· VT ‘ Vermont Family Network, Christine Kilpatrick, [email protected](link sends e-mail), $189,052· WI ‘ Wisconsin FACETS, Jan Serak, [email protected](link sends e-mail), $438,408
Proposed amendment for medical malpractice contingency fee waiver The Supreme Court directed The Florida Bar to draft and submit an amendment to Rule 4-1.5(f)(4)(B) of the Rules of Professional Conduct in response to a petition filed by fifty-five members of The Florida Bar seeking to amend that rule in conformance with article I, section 26 of the Florida Constitution. In re Amendment to the Rules Regulating The Florida Bar – Rule 4-1.5(f)(4)(B) of the Rules of Professional Conduct, No. SC05-1150 (Fla. order filed Dec. 14, 2005). The Florida Bar has now submitted its proposed amendment. The court invites all interested persons to comment on the Bar’s proposed amendment, which is reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. The court encourages parties having similar views to file joint comments. An original and nine paper copies of all comments must be filed with the court on or before April 14, with a certificate of service verifying that a copy has been served on John F. Harkness, Jr., Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-2300, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the court’s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENT TO THE RULES REGULATING THE FLORIDA BAR – RULE 4-1.5(f)(4)(B) OF THE RULES OF PROFESSIONAL CONDUCT, SC05-1150 RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [No change.] (b) Factors to Be Considered in Determining Reasonable Fee and Costs. [No change.] (c) Consideration of All Factors. [No change.] (d) Enforceability of Fee Contracts. [No change.] (e) Duty to Communicate Basis or Rate of Fee or Costs to Client. [No change.] (f) Contingent Fees. As to contingent fees: (1) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by subdivision (f)(3) or by law. A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial, or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination. (2) Every lawyer who accepts a retainer or enters into an agreement, express or implied, for compensation for services rendered or to be rendered in any action, claim, or proceeding whereby the lawyer’s compensation is to be dependent or contingent in whole or in part upon the successful prosecution or settlement thereof shall do so only where such fee arrangement is reduced to a written contract, signed by the client, and by a lawyer for the lawyer or for the law firm representing the client. No lawyer or firm may participate in the fee without the consent of the client in writing. Each participating lawyer or law firm shall sign the contract with the client and shall agree to assume joint legal responsibility to the client for the performance of the services in question as if each were partners of the other lawyer or law firm involved. The client shall be furnished with a copy of the signed contract and any subsequent notices or consents. All provisions of this rule shall apply to such fee contracts. (3) A lawyer shall not enter into an arrangement for, charge, or collect: (A) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or (B) a contingent fee for representing a defendant in a criminal case. (4) A lawyer who enters into an arrangement for, charges, or collects any fee in an action or claim for personal injury or for property damages or for death or loss of services resulting from personal injuries based upon tortious conduct of another, including products liability claims, whereby the compensation is to be dependent or contingent in whole or in part upon the successful prosecution or settlement thereof shall do so only under the following requirements: (A) The contract shall contain the following provisions: (i) “The undersigned client has, before signing this contract, received and read the statement of client’s rights and understands each of the rights set forth therein. The undersigned client has signed the statement and received a signed copy to refer to while being represented by the undersigned attorney(s).” (ii) “This contract may be cancelled by written notification to the attorney at any time within 3 business days of the date the contract was signed, as shown below, and if cancelled the client shall not be obligated to pay any fees to the attorney for the work performed during that time. If the attorney has advanced funds to others in representation of the client, the attorney is entitled to be reimbursed for such amounts as the attorney has reasonably advanced on behalf of the client.” (B) The contract for representation of a client in a matter set forth in subdivision (f)(4) may provide for a contingent fee arrangement as agreed upon by the client and the lawyer, except as limited by the following provisions: (i) Without prior court approval as specified below, any contingent fee that exceeds the following standards shall be presumed, unless rebutted, to be clearly excessive: a. Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action: 1. 33 1/3% of any recovery up to $1 million; plus 2. 30% of any portion of the recovery between $1 million and $2 million; plus 3. 20% of any portion of the recovery exceeding $2 million. b. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment: 1. 40% of any recovery up to $1 million; plus 2. 30% of any portion of the recovery between $1 million and $2 million; plus 3. 20% of any portion of the recovery exceeding $2 million. c. If all defendants admit liability at the time of filing their answers and request a trial only on damages: 1. 33 1/3% of any recovery up to $1 million; plus 2. 20% of any portion of the recovery between $1 million and $2 million; plus 3. 15% of any portion of the recovery exceeding $2 million. d. An additional 5% of any recovery after institution of any appellate proceeding is filed or post-judgment relief or action is required for recovery on the judgment. (ii) If any client is unable to obtain an attorney of the client’s choice because of the limitations set forth in subdivision (f)(4)(B)(i), the client may petition the court in which the matter would be filed, if litigation is necessary, or if such court will not accept jurisdiction for the fee division, the circuit court wherein the cause of action arose, for approval of any fee contract between the client and an attorney of the client’s choosing. Such authorization shall be given if the court determines the client has a complete understanding of the client’s rights and the terms of the proposed contract. The application for authorization of such a contract can be filed as a separate proceeding before suit or simultaneously with the filing of a complaint. Proceedings thereon may occur before service on the defendant and this aspect of the file may be sealed. A petition under this subdivision shall contain a certificate showing service on the client and, if the petition is denied, a copy of the petition and order denying the petition shall be served on The Florida Bar in Tallahassee by the member of the bar who filed the petition. Authorization of such a contract shall not bar subsequent inquiry as to whether the fee actually claimed or charged is clearly excessive under subdivisions (a) and (b). (iii) Subject to the provisions of 4-1.5(f)(4)(B)(i) and (ii) a lawyer who enters into an arrangement for, charges, or collects any fee in an action or claim for medical liability whereby the compensation is dependent or contingent in whole or in part upon the successful prosecution or settlement thereof shall provide the language of Article I, Section 26, Florida Constitution, to the client in writing and shall orally inform the client that: (a.) Unless waived, in any medical liability claim involving a contingency fee, the claimant is entitled to receive no less than 70% of the first $250,000.00 of all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants. The claimant is entitled to 90% of all damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. (b.) If a lawyer chooses not to accept the representation of a client under the terms of Article I, Section 26, Florida Constitution, the lawyer shall advise the client, both orally and in writing of alternative terms, if any, under which the lawyer would accept the representation of the client, as well as the client’s right to seek representation by another lawyer willing to accept the representation under the terms of Article I Section 26, Florida Constitution, or a lawyer willing to accept the representation on a fee basis that is not contingent. (c.) If any client desires to waive any rights under Article I Section 26, Florida Constitution, in order to obtain a lawyer of the client’s choice, a client may do so by waiving such rights in writing, under oath, and in the form provided in this rule. The lawyer shall provide each client a copy of the written waiver and shall afford each client a full and complete opportunity to understand the rights being waived as set forth in the waiver. A copy of the waiver, signed by each client and lawyer, shall be given to each client to retain and the lawyer shall keep a copy in the lawyer’s file pertaining to the client. The waiver shall be retained by the lawyer with the written fee contract and closing statement under the same conditions and requirements provided in 4-1.5(f)(5). WAIVER of the constitutional right provided IN articlE 1 SECTION 26, Florida Constitution On November 2, 2004 voters in the State of Florida approved The Medical Liability Claimant’s Compensation Amendment that was identified as Amendment 3 on the ballot. The amendment is set forth below: The Florida Constitution Article 1, Section 26 is created to read “Claimant’s right to fair compensation.” In any medical liability claim involving a contingency fee, the claimant is entitled to receive no less than 70% of the first $250,000 in all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement or otherwise, and regardless of the number of defendants. The claimant is entitled to 90% of all damages in excess of $250,000, exclusive of reasonable and customary costs and regardless of the number of defendants. This provision is self-executing and does not require implementing legislation. The undersigned client understands and acknowledges that (initial each provision): _____ I have been advised that signing this waiver releases an important constitutional right; and _____ I have been advised that I may consult with separate counsel before signing this waiver; and _____ signing this waiver I agree to an increase in the attorney fee that might otherwise be owed if the constitutional provision listed above is not waived; and _____ I have three (3) business days following execution of this waiver in which to cancel this waiver; and _____ I wish to engage the legal services of the lawyers or law firms listed below in an action or claim for medical liability the fee for which is contingent in whole or in part upon the successful prosecution or settlement thereof, but I am unable to do so because of the provisions of the constitutional limitation set forth above. In consideration of the lawyers’ or law firms’ agreements to represent me and my desire to employ the lawyers or law firms listed below, I hereby knowingly, willingly, and voluntarily waive any and all rights and privileges that I may have under the constitutional provision set forth above, as apply to the contingency fee agreement only. Specifically, I waive the percentage restrictions that are the subject of the constitutional provision and confirm the fee percentages set forth in the contingency fee agreement; and ____ I have selected the lawyers or law firms listed below as my counsel of choice in this matter and would not be able to engage their services without this waiver; and I expressly state that this waiver is made freely and voluntarily, with full knowledge of its terms, and that all questions have been answered to my satisfaction. Acknowledgment by client for presentation to the court The undersigned client hereby acknowledges, under oath, the following: I have read and understand this entire waiver of my rights under the constitutional provision set forth above. I am not under the influence of any substance, drug, or condition (physical, mental, or emotional) that interferes with my understanding of this entire waiver in which I am entering and all the consequences thereof. I have entered into and signed this waiver freely and voluntarily. I authorize my lawyers or law firms listed below to present this waiver to the appropriate court, if required for purposes of approval of the contingency fee agreement. Unless the court requires my attendance at a hearing for that purpose, my lawyers or law firms are authorized to provide this waiver to the court for its consideration without my presence. DATED this ________ day of _____________________, ____. By: _______________________ CLIENT Sworn to and subscribed before me this _____ day of _______________, _____ by _______________________________, who is personally known to me, or has produced the following identification: _____________________________________________. __________________ Notary Public My Commission Expires: Dated this ______ day of ________________, ____. By: ____________________ Attorney (C) Before a lawyer enters into a contingent fee contract for representation of a client in a matter set forth in this rule, the lawyer shall provide the client with a copy of the statement of client’s rights and shall afford the client a full and complete opportunity to understand each of the rights as set forth therein. A copy of the statement, signed by both the client and the lawyer, shall be given to the client to retain and the lawyer shall keep a copy in the client’s file. The statement shall be retained by the lawyer with the written fee contract and closing statement under the same conditions and requirements as subdivision (f)(5). (D) As to lawyers not in the same firm, a division of any fee within subdivision (f)(4) shall be on the following basis: (i) To the lawyer assuming primary responsibility for the legal services on behalf of the client, a minimum of 75% of the total fee. (ii) To the lawyer assuming secondary responsibility for the legal services on behalf of the client, a maximum of 25% of the total fee. Any fee in excess of 25% shall be presumed to be clearly excessive. (iii) The 25% limitation shall not apply to those cases in which 2 or more lawyers or firms accept substantially equal active participation in the providing of legal services. In such circumstances counsel shall apply to the court in which the matter would be filed, if litigation is necessary, or if such court will not accept jurisdiction for the fee division, the circuit court wherein the cause of action arose, for authorization of the fee division in excess of 25%, based upon a sworn petition signed by all counsel that shall disclose in detail those services to be performed. The application for authorization of such a contract may be filed as a separate proceeding before suit or simultaneously with the filing of a complaint, or within 10 days of execution of a contract for division of fees when new counsel is engaged. Proceedings thereon may occur before service of process on any party and this aspect of the file may be sealed. Authorization of such contract shall not bar subsequent inquiry as to whether the fee actually claimed or charged is clearly excessive. An application under this subdivision shall contain a certificate showing service on the client and, if the application is denied, a copy of the petition and order denying the petition shall be served on The Florida Bar in Tallahassee by the member of the bar who filed the petition. Counsel may proceed with representation of the client pending court approval. (iv) The percentages required by this subdivision shall be applicable after deduction of any fee payable to separate counsel retained especially for appellate purposes. (5) In the event there is a recovery, upon the conclusion of the representation, the lawyer shall prepare a closing statement reflecting an itemization of all costs and expenses, together with the amount of fee received by each participating lawyer or law firm. A copy of the closing statement shall be executed by all participating lawyers, as well as the client, and each shall receive a copy. Each participating lawyer shall retain a copy of the written fee contract and closing statement for 6 years after execution of the closing statement. Any contingent fee contract and closing statement shall be available for inspection at reasonable times by the client, by any other person upon judicial order, or by the appropriate disciplinary agency. (6) In cases in which the client is to receive a recovery that will be paid to the client on a future structured or periodic basis, the contingent fee percentage shall be calculated only on the cost of the structured verdict or settlement or, if the cost is unknown, on the present money value of the structured verdict or settlement, whichever is less. If the damages and the fee are to be paid out over the long term future schedule, this limitation does not apply. No attorney may negotiate separately with the defendant for that attorney’s fee in a structured verdict or settlement when such separate negotiations would place the attorney in a position of conflict. (g) Division of Fees Between Lawyers in Different Firms. [No change.] (h) Credit Plans. [No change.] STATEMENT OF CLIENT’S RIGHTS FOR CONTINGENCY FEES [No change.] Comment Basis or rate of fee and costs [No change.] Terms of payment [No change.] Contingent fee regulation Rule 4-1.5(f)(4) should not be construed to apply to actions or claims seeking property or other damages arising in the commercial litigation context. Rule 4-1.5(f)(4)(B) is intended to apply only to contingent aspects of fee agreements. In the situation where a lawyer and client enter a contract for part noncontingent and part contingent attorney’s fees, rule 4-1.5(f)(4)(B) should not be construed to apply to and prohibit or limit the noncontingent portion of the fee agreement. An attorney could properly charge and retain the noncontingent portion of the fee even if the matter was not successfully prosecuted or if the noncontingent portion of the fee exceeded the schedule set forth in rule 4-1.5(f)(4)(B). Rule 4-1.5(f)(4)(B) should, however, be construed to apply to any additional contingent portion of such a contract when considered together with earned noncontingent fees. Thus, under such a contract a lawyer may demand or collect only such additional contingent fees as would not cause the total fees to exceed the schedule set forth in rule 4-1.5(f)(4)(B). The limitations in rule 4-1.5(f)(4)(B)(i)c are only to be applied in the case where all the defendants admit liability at the time they file their initial answer and the trial is only on the issue of the amount or extent of the loss or the extent of injury suffered by the client. If the trial involves not only the issue of damages but also such questions as proximate cause, affirmative defenses, seat belt defense, or other similar matters, the limitations are not to be applied because of the contingent nature of the case being left for resolution by the trier of fact. Rule 4-1.5(f)(4)(B)(ii) provides the limitations set forth in subdivision (f)(4)(B)(i) may be waived by the client upon approval by the appropriate judge. This waiver provision may not be used to authorize a lawyer to charge a client a fee that would exceed rule 4-1.5(a) or (b). It is contemplated that this waiver provision will not be necessary except where the client wants to retain a particular lawyer to represent the client or the case involves complex, difficult, or novel questions of law or fact that would justify a contingent fee greater than the schedule but not a contingent fee that would exceed rule 4-1.5(b). Upon a petition by a client, the trial court reviewing the waiver request must grant that request if the trial court finds the client: (a) understands the right to have the limitations in rule 4-1.5(f)(4)(B) applied in the specific matter; and (b) understands and approves the terms of the proposed contract. The consideration by the trial court of the waiver petition is not to be used as an opportunity for the court to inquire into the merits or details of the particular action or claim that is the subject of the contract. The proceedings before the trial court and the trial court’s decision on a waiver request are to be confidential and not subject to discovery by any of the parties to the action or by any other individual or entity except The Florida Bar. However, terms of the contract approved by the trial court may be subject to discovery if the contract (without court approval) was subject to discovery under applicable case law or rules of evidence. Rule 4-1.5 (f) (4) (B) (iii) is added to acknowledge the provisions of Article 1, Section 26, Florida Constitution, and to create an affirmative obligation on the part of an attorney contemplating a contingency fee contract to notify a potential client with a medical liability claim of the limitations provided in that constitutional provision. This addition to the rule is adopted prior to any judicial interpretation of the meaning or scope of the constitutional provision and this rule is not intended to make any substantive interpretation of the meaning or scope of that provision. The rule also provides that a client who wishes to waive the rights of the constitutional provision, as those rights may relate to attorney’s fees, must do so in the form contained in the rule. Rule 4-1.5(f)(6) prohibits a lawyer from charging the contingent fee percentage on the total, future value of a recovery being paid on a structured or periodic basis. This prohibition does not apply if the lawyer’s fee is being paid over the same length of time as the schedule of payments to the client. Contingent fees are prohibited in criminal and certain domestic relations matters. In domestic relations cases, fees that include a bonus provision or additional fee to be determined at a later time and based on results obtained have been held to be impermissible contingency fees and therefore subject to restitution and disciplinary sanction as elsewhere stated in these Rules Regulating The Florida Bar. Fees that provide for a bonus or additional fees and that otherwise are not prohibited under the Rules Regulating the Florida Bar can be effective tools for structuring fees. For example, a fee contract calling for a flat fee and the payment of a bonus based on the amount of property retained or recovered in a general civil action is not prohibited by these rules. However, the bonus or additional fee must be stated clearly in amount or formula for calculation of the fee (basis or rate). Courts have held that unilateral bonus fees are unenforceable. The test of reasonableness and other requirements of this rule apply to permissible bonus fees. Division of fee [No change.] Disputes over fees [No change.] Referral fees and practices [No change.] Credit Plans [No change.] Proposed amendment for medical malpractice contingency fee waiver March 15, 2006 Regular News
ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr CUNA’s advocacy agenda for 2019 reflects the needs of the of the credit union movement and the realities of the is 2018 mid-term election results. As the 116th Congress convenes and new leadership takes over at federal regulators including the Consumer Financial Protection Bureau (CFPB), and later NCUA, CUNA Chief Advocacy officer Ryan Donovan said the CUNA/league system is eager to continue its work for and alongside the credit union movement.“Our agenda has been developed by listening to credit unions, leagues and other stakeholders throughout 2018, and is fine-tuned to help us continue to revolutionize the operating environment for credit unions,” said Ryan Donovan, CUNA chief advocacy officer. “Credit unions have told us they want us to remove regulatory burdens, expand and protect credit union powers and opportunities, enhance information security and preserve the credit union tax status, and that’s what our agenda is built around.”This includes:Continuing to advance CUNA’s vision for the Consumer Financial Protection Bureau;Working to fix burdensome rules and slow the pace of new rules, and pushing the bureau to use its exemption authority; continue reading »
Topics : “It means that some of us have not properly responded […] to this abnormal situation,” Jokowi said, adding that he expected the central government and local administrations to see eye-to-eye in regard to the current health crisis.Separately, Home Ministry spokesperson Bahtiar said around Rp 55 trillion (US$3.48 billion) in the APBDs had been reallocated for COVID-19 mitigation as of Sunday. The ministry has called on other regions to report their budgets, as the budget reallocation period mandated by the ministry and the Finance Ministry had been extended by to two weeks.“A total of around Rp 55 trillion had been reallocated by several provinces, regencies and cities for health services, financial reserves and social safety net programs. We expect the number to continue to increase as COVID-19 mitigation requires commitment and sufficient funding from regional administrations,” Bahtiar said in a statement on Tuesday.Jokowi has previously issued a decree on budget reallocations and “refocusing” toward COVID-19 mitigation efforts.The decree stipulates that ministers, agency heads, governors, regents and mayors must prioritize spending for mitigation efforts in accordance with protocols established by the COVID-19 task force. President Joko “Jokowi” Widodo has urged local administrations to reallocate their respective regional budgets (APBD) to fund the ongoing COVID-19 mitigation efforts as the central government scrambles to slow the spread of the deadly disease across the archipelago.“I’ve gathered that the budgets in several regions [have yet to be adjusted]. I ask that the home minister and finance minister call them out,” Jokowi said in a Cabinet meeting Tuesday.He noted that 103 regions had yet to prepare any social safety net programs to help cushion the blow for those most financially impacted by the public health emergency. In total, 140 regions have yet to issue any policies designed to dull the economic impact of the global pandemic, while 34 other regions have not reported their latest budgets, he said.
Topics : It is currently closed to Victoria state and Sydney, and Gunner said he expected other regions to be excluded.Australia, which has recorded almost 22,000 cases and 332 deaths from the virus, has also closed its international borders indefinitely. Australia’s Northern Territory will be closed to visitors from virus hotspots for a further 18 months to protect its large and vulnerable Aboriginal population, authorities said Tuesday.The sparsely populated northern region is home to roughly 250,000 people — 30 percent of whom are Aboriginal — according to government figures.”We’ll have our hard border controls in place for at least the next 18 months. And we’re resourcing so we can do that,” Chief Minister Michael Gunner told public broadcaster ABC. Indigenous Australians are considered more at-risk to diseases such as COVID-19 because of socio-economic and cultural factors affecting access to medical care and underlying health.Many Aboriginal groups fear the virus could sweep through remote indigenous communities where healthcare services are limited.”This is what I think I need to do to make sure some of the most vulnerable people in the world stay safe,” Gunner said.The Northern Territory has recorded few virus cases and no deaths since the beginning of the pandemic.
Kolasinac made his way off the field before Saka could come on (Picture: Getty)Saka was criticised for not being ready but Ljungberg says the cold weather meant he had a number of clothing items to take off. Instead, the Swede says Kolasinac should have stayed down longer in order to give his side more time to make a change.AdvertisementAdvertisement‘Sead went down and our player tried to get ready,’ said Ljungberg.‘With the weather, he had a lot of clothes on. That’s something we need to learn, [ok] get ready quicker but to stay down when you are injured so players can get ready.’More: Arsenal FCArsenal flop Denis Suarez delivers verdict on Thomas Partey and Lucas Torreira movesThomas Partey debut? Ian Wright picks his Arsenal starting XI vs Manchester CityArsene Wenger explains why Mikel Arteta is ‘lucky’ to be managing ArsenalThe Swede was questioned further on the issue later on his press conference when it was put to him that the situation summed up the lack of organisation at the club.However, Ljungberg rejected the claim and repeated his belief that Kolasinac should have done more to help Saka.‘I think that’s a bit harsh. A player can’t get ready quicker. Of course you can say he shouldn’t have so many clothes on but we were in the first half when he probably didn’t think there would be a substitution.‘In my opinion we need to stay down.’MORE: Ben Stokes wins BBC Sports Personality of the Year after World Cup and Headingley heroics Freddie Ljungberg pins blame on Sead Kolasinac as Manchester City punish 10-man Arsenal Metro Sport ReporterSunday 15 Dec 2019 9:31 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link1.4kShares Freddie Ljungberg was unhappy with Sead Kolasinac (Picture: Getty)Arsenal interim boss Freddie Ljungberg blamed Sead Kolasinac for Manchester City’s third goal in the Gunners’ 3-0 defeat to Pep Guardiola’s men.De Bruyne and Raheem Sterling gave City a two-goal advantage after just 15 minutes at the Emirates but Arsenal were reduced to 10-men when Kolasinac went down with an ankle injury shortly before half-time.The Bosnian was unable to continue and made his way off the field. However, the timing of his injury just before the half-time whistle meant Arsenal had not prepared a replacement.Bukayo Saka eventually stripped down to his kit but the ball was already back in play, meaning he was unable to enter the action. City took full advantage of their numerical advantage with De Bruyne punishing Arsenal by scoring an all-important third goal.ADVERTISEMENT Comment Advertisement Advertisement
See Governor Wolf’s Hanukkah Proclamation here.Like Governor Tom Wolf on Facebook: Facebook.com/GovernorWolf SHARE Email Facebook Twitter VIDEO: Governor Wolf Wishes Pennsylvanians a Happy Hanukkah Holidays, Statement, Videos Harrisburg, PA – Today, Governor Wolf delivered the following Hanukkah message:“Hanukkah is the Jewish Festival of Lights, an eight-day celebration commemorating the Jewish people’s successful rebellion against the Greek siege of ancient Jerusalem, said Governor Tom Wolf.“It is a time to both reflect on Jewish heritage with traditional fare, songs, and games and an opportunity to recommit to building a bright future.“The commonwealth is proud to reaffirm William Penn’s principles of religious freedom by honoring the Jewish people’s struggle for religious freedom as we celebrate the Festival of Lights.“Happy Hanukkah to all Pennsylvanians who are celebrating.” December 06, 2015