Happy Tisha B'Av -- Temples Destroyed, But We Got Ourselves a Denny's!

Oh South Florida legal community, why are you so hungry for malicious gossip "news"?

Does it matter, as Julie Kay writes today, that your websites will no longer comply with Bar rules?

(This, of course, assumes that they ever did.)

More importantly, now that the Palm Beach County Bar Association is moving into a former Denny's, should we feel bad for the bar or for Denny's -- all I know is Adam Rabin better make me an omelet if I show up there s@*tfaced at 3 in the morning.

And to the blog visitor who arrived here via a search for "Israel hot girls," I'll have you know that today is Tisha B'Av, only the saddest day on the Jewish calendar (that says a lot, believe me).

Sure we lost two temples, the most treasured of treasured holy sites desecrated twice by invading heathens -- plus a lot of other bad stuff happened on this date, like the expulsion of the Jews from Spain in 1492 and World War I, to name but a few lowlights.

But on the other hand, we have gained a Denny's.

Let me repeat it, slowly, in perfect....Rabbi.....diction -- we have gained a Denny's.

That reminds me -- did I mention everyone is supposed to be fasting today?

Adam, I 'll see you later tonight and I'm gonna be hungry (btw -- ham, mushrooms and cheese, thanks!).

Your Tuesday Morning Round Up.

Hi kids, big news -- Gwynne Young wins the Florida Bar run off!

Oh I'm kidding, the big news down here, broke by David,  is Gene Stearns convincing Judge Ungaro to grant his 50(b) motion and throw out the jury's verdict against BankAtlantic.

Guess it really was the worst trial Gene's ever seen.

Does this vindicate the overall approach to the litigation by the defendant (which just posted a $22.9 million loss this quarter)?

Hard to say as we're somewhat in uncharted territory, though it's a major concession by the Judge that things could have/would have/should have proceeded differently.

In other news, Glenn Garvin thinks NYT readers are deviant liberals who love big black c*%k.

Hey, I just report this stuff!

(I'm joking, he just randomly selected a few books to highlight the average content of the NYT Sunday book reviews.)

Not Exactly a Fun Email to Write.

Just got this from my friend Gwynne who has run a very solid campaign for Florida Bar President and we wish both her and Skip well:

This is a correction of the e-mail sent by me which incorrectly listed "William A. Davis, Member, Board of Governors, The Florida Bar," as endorsing my candidacy for President-Elect of the Florida Bar. This was a reference to Board Member William H. Davis, who is on the Board of Governors; and he does not endorse my candidacy. 

Ouch -- that's some correction!

Vote, You Plebes!

Today is the last day to vote for Florida Bar President and for open seats on the Board of Governors:

Schickel is part of a three-way race for president, which hasn’t happened in 26 years. The 1984 race saw Patrick Emmanuel of Pensacola win in a runoff with William Trickel Jr. of Orlando. Michael Plunkett was third.

Schickel is running against Walter Campbell Jr. of Fort Lauderdale and Gwynne Alice Young of Tampa. All three are members of The Florida Bar board of governors.

The winner needs 50 percent of the vote plus 1, so, with three candidates, it is likely there will be a runoff.

“This is the first contested race since 2000, when Herman Russomanno of Miami was elected, and the first three-way race I can remember,” said Howard Coker, 1998 Florida Bar president. “I fully expect there to be a runoff.”

Coker ran unopposed, so he didn’t have to campaign as much as Schickel, his fellow partner at Coker, Schickel, Sorenson & Posgay has.

“This is what I call an old-fashioned election. Because you don’t have any polling, you don’t have any trending, you don’t have any tracking like you do in major political races. Three people put their hats in the ring and you just have to see how it shakes out,” said Coker.

You can vote online here -- the deadline is the stroke of midnight (of course).

And for those of you with good memories, I offer this blast from the past:

This video has been removed by the user.

Hey, no fair!

This Time Judge Carnes Cites An Old Opera!

Listen, anyone who reads this thing knows I'm all for historical references, pop cultural references, musical references, literary references, you name it.

And so is Judge Carnes!

But I think at this point Judge Carnes is just playing with us.

Get a load of this opening in an interesting opinion dealing with the Florida Bar's certification process:

This case reminds us of the observation of the Grand Inquisitor in Gilbert and Sullivan’s The Gondoliers. Upon finding that all ranks of commoners and servants have been promoted to the nobility, he protests that there is a need for distinction, explaining that: “When everyone is somebody, then no one’s anybody.” 1 The same is true of a state bar’s certification process. If every attorney who practices in an area is certified in it, then no one is anybody in that field. The easier it is to be certified, the less that certification means.

Ok, that's a long way to go (all the way back to 1889 in fact) to make the point that you dilute the exclusivity of an honor when you expand the critieria for membership.

Didn't Groucho say something similar, only funnier?

Anyway, then the Judge goes on to affirm the district court's holding that an attorney, who was once certified in family law but was denied recertification based on negative confidential peer reviews, has no "entitlement" or constitutionally protected property interest in same, and no "right" to confront her peers.

Maybe the Grand Inquisitor reference has a deeper meaning?

Peter Ticktin Says Client Mortgages OK!

You know that foreclosure defense attorney who is taking out mortgages on his clients' homes?

Turns out he was twice sanctioned by the Bar and they're taking a look at this issue as we speak:

Peter Ticktin, whose license has been suspended by the Bar twice since 2009, told the Times that the second mortgage would take effect only if he succeeded in having the foreclosure dismissed and the homeowner’s loan reduced. He also said his firm never would foreclose on his own clients should they stop paying on their second mortgages.

Elizabeth Tarbert, the Bar’s ethics chief, declined to say whether the unusual payment arrangement detailed in the article violates bar rules governing conflicts of interest. Bar spokeswoman Francine Walker said only that the disciplinary body’s investigation centers on Ticktin’s quotes in the Times article.

Ticktin said he was not aware of the most recent Bar investigation but defended the practice, saying his research indicated regulations allow attorneys to secure fees using mortgages. The Bar already had examined his retainer agreement in Tampa’s judicial district, where he also has an office, and found nothing inappropriate, he said in a telephone interview.

 “We believe it is ethical, appropriate and the only way some people will get representation,” he said.

Belief is a funny thing.

For example, I believe in unicorns, Bigfoot, and that Charlie Sheen just had an adverse reaction to over-the-counter flu medication.

Indeed, wasn't it Oscar Wilde who said "I can believe anything provided it is incredible"?