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Annual Reports
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The Florida Bar committees.
Admiralty Law
The Admiralty Law Committee had a busy year keeping up with many evolving issues in admiralty and maritime law. Since the practice of maritime law requires expertise in legal doctrines and procedures that are distinct from land-based law, the committee emphasizes continuous education. In addition to programs and materials provided by the committee itself, members were advised about resources and seminars available through other sources. One of the principal activities of the committee is to prepare the well known and respected reference book, Maritime Law and Practice, which is currently being updated for its fifth edition. Many committee members have contributed authorship to this endeavor. Committee meetings were particularly lively and informative this past year. There were discussions of some highly controversial disputes at the forefront of maritime law, with both sides of the issues being represented to advocate their cases before the committee. Topics ranged from ship crew members' injury claims to piracy on the high seas. Additional topics included anchoring rights for pleasure yachts, Florida criminal law treatment for boating infractions, offshore drilling near Florida shores, implications of the U.S. Supreme Court decision in the Exxon Valdez case, marinas' and boatowners' liabilities for hurricane damages, and the procedures and law applicable to arbitration of maritime claims. The Admiralty Law Committee has served as a valuable forum for discussion and education on maritime law issues. JOHN H. THOMAS, Chair Advertising The Standing Committee on Advertising is responsible for advising members of The Florida Bar on permissible advertising and marketing practices. The committee, which generally meets monthly, reviews appeals of opinions issued by staff counsel, offers guidance to staff in evaluating lawyer advertisements, makes recommendations regarding rule changes, and provides guidance to Florida Bar members concerning both the substantive and procedural requirements of the advertising rules. The committee advises Bar members on the substance of the advertising rules through a variety of methods. An in-depth analysis of the filing requirements, substantive regulations, and committee interpretations is provided by the Handbook on Lawyer Advertising and Solicitation, which is regularly updated by Bar staff and is posted on the Bar's Web site for easy access. Some of the important changes to the advertising rules had been developed by the Advertising Task Force 2004, which had received the assistance of several committee members. The goal of the amendments was to make the Bar's advertising rules easier to understand and follow. One very significant change to the rules is the requirement that all nonexempt television and radio advertisements be filed for review at least 15 days before their intended use and approved by the Bar before their first dissemination. Other important changes include the elimination of the requirement for the hiring disclosure in print advertisements and the elimination of the size requirements for other required disclosures in advertisements. In addition on February 26, 2008, the Bar filed a petition to amend the Rules Regulating The Florida Bar (Rule 4-7.6, Computer Accessed Communications) in case number SC08-1181. The court issued its order on February 27, 2009, declining to adopt any of the changes proposed by the Bar regarding 4-7.6. On March 13, 2009, the Bar filed a motion for clarification and rehearing and that matter remains pending. The committee, through its staff, continues to publish a column in The Florida Bar News from time to time, titled Advertising Updates. Articles have been published explaining the most recent revisions to the advertising rules and providing information regarding recent opinions of the Board of Governors and the committee regarding advertising. The committee further updates the Bar's Web site with new material and information when needed in order to provide Bar members with as much information as possible to assist them in compliance with the attorney advertising rules. By far the most time consuming task of the committee this year, as in past years, has been reviewing advertisements filed by members of The Florida Bar to determine whether they comply with the advertising rules. The committee reviews decisions of its staff regarding lawyer advertisements if the staff 's interpretation of a particular rule or advertisement is appealed by an advertising attorney. Advertisers can appeal decisions of the committee to the Board of Governors if they wish to do so. The committee also provides guidance to its staff and advertisers, pursuant to requests for guidance, in order to foster compliance with the rules and to permit advertisers to accomplish their legitimate advertising goals. The committee works hard to apply the advertising rules fairly to all types of advertisements and to balance the rights...See the full content of this document
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