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QUESTIONS & ANSWERS
Herman Russomanno's responses to questions posed
for the Feb. 15, 1999 issue of The Florida Bar News.
| SUBJECT INDEX | |
| 1. What will be your top three goals as Bar president? | A. Our profession has changed dramatically in the last 25 years, creating a array of professional and personal challenges for our members. These changes and challenges are far from over, however, and a responsive and user-friendly Florida Bar must be there to help all lawyers. In keeping with this mission, my top three goals are:
1. Provide excellent service and support to all members. The Bar must help lawyers create offices of the 21st Century by promoting and facilitating the use of cutting-edge technology. The result will be more efficient and more profitable offices that will provide the most important element in legal work: quality service to our clients. Significant emphasis will be placed on technology. A Technology Task Force Resource Center will monitor the ever-changing legal marketplace, evaluate the latest hardware and software, and distill that information into meaningful and practical recommendations for solo practitioners and firms small and large. The Law Office Management Assistance Service (LOMAS) will be enlarged to help give all lawyers the technological and business skills necessary to practice law and provide outstanding service - regardless of the size of their firm. Membership benefits will be expanded and improved and all of these benefits will be thoroughly publicized - both electronically and through printed material - so that a guide to the full range of benefits is at every lawyer's fingertips and easily accessible in times of need.
2) Establish a Judicial Independence Commission (JIC) to maintain a strong and independent judiciary - the linchpin of our constitutional democracy. Efforts to intimidate judges and thereby diminish the independence of the judiciary cannot be tolerated. A call to action is needed. The JIC will have two components: a) A rapid response capability to speak out on behalf of the judiciary when the failure to do so would adversely affect the fair administration of justice. b) A Judicial Institute to advance the understanding of legislators and the public regarding the history and role of judicial independence. The Institute's educational programs - including Judicial Forums with our legislators - will focus on judges and lawyers as officers of the court, the history of lawyers in America, and the good that lawyers have done for society. These programs will be organized in conjunction with the Florida Supreme Court Historical Society.
3) Improve our professional image and restore the public's trust and confidence in our noble profession. This could be accomplished with an intense, two-pronged approach by the Bar: a) Internally, we will promote professionalism by establishing higher standards of competence, courtesy, and integrity. We will also promote diversity by encouraging full and equal participation by minorities, women, out-of-state lawyers, government lawyers and young lawyers in our profession. We will discipline lawyers who violate the public's trust and vigorously prosecute non-lawyers who engage in the unauthorized practice of law. b) Externally, we will initiate a comprehensive communications effort to educate the public and foster a greater appreciation of the positive role of lawyers in society. [GO TO TOP] |
2. How can the Bar improve its effectiveness in the Legislature, especially to achieve the goal of preserving the independence of the legal system and lawyers?
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A. Nothing is more important than preserving the independence of the judiciary and of our legal profession. Florida Chief Justice Major Harding called that independence "the glue that has held together the freedom and liberties we have enjoyed for the past 200 years." As we know, the Florida Legislature meets for two months a year, so we must have our legislative program ready well before the start of the session. We need to establish working relationships with legislators by strengthening our Key Person Program and meeting with them in their districts. When the legislative session begins, these meetings will continue in Tallahassee. The Florida Bar will increase its effectiveness by focusing its legislative efforts on matters within its scope and purview - among them, the administration of justice, the regulation of the practice of law, and judicial procedure. In other areas, the Bar's sections will be more well suited to advocate substantive positions. An important legislative goal is to ensure there is adequate funding for the justice system in order to safeguard the fundamental rights provided by our constitution. There must be adequate funding for all government lawyers. The Bar must be the leader in educating the Legislature and the public about the necessity of sufficient funding. Lawyers traditionally have provided great service to local and state government, and the Bar should encourage them to seek public office. Law firms, aided by the Bar, must assist in these efforts. [GO TO TOP] |
3. What role should the Bar play in the debate of the creation of a third public law school in Florida?
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A. As a member of the ABA House of Delegates, I've heard a lot of discussion about the number of law schools and their impact on the profession. In Florida we have six ABA-accredited law schools and two schools that are seeking accreditation. The deans of these schools report a decline in the number of law applications; law schools nationwide have been downsizing classes. And according to Nova Southeastern President Ray Ferrero Jr., a former Florida Bar President, existing law schools are meeting the demand for legal education in Florida. The Florida Bar has established a committee of lawyers and non-lawyers to study the issue. I serve as a member of that committee. The issue has already been examined by the Bar's Young Lawyers Section, which focused on law school capacity and the population of lawyers in Florida and paid particular attention to the level of minority participation. Based on the information currently available, it appears that another public law school is not needed in Florida. [GO TO TOP] |
4. Has the Supreme Court and Bar's professionalism efforts made a difference? What are your goals in this area?
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A. Absolutely! They've made a great difference, and I fully support the Bar's efforts to promote professionalism. Since the Supreme Court Commission on Professionalism was created under the leadership of Justice Harry Anstead and Director Paul Remillard, I have seen the progress that has been made firsthand. I have done so while serving as the Board of Governors' liaison to the Committee on Professionalism, and as a member of the 11th Circuit Committee on Professionalism. These programs have assisted lawyers throughout the state, and a continuation of this educational process is essential. My goal is to restore the public's trust in lawyers and dramatically improve the image of the legal profession. We must also advance the competence and public responsibility of lawyers, and we need to elevate the standards of integrity, honor and courtesy in our legal profession. The Bar must work with the law schools in teaching professional responsibility, mentoring young lawyers and providing education to our entire membership as we promote professionalism. Two of my mentors, Judge Bob Floyd and Judge Ray Pearson, shared the tenet that lawyers should hold themselves to the highest professional and personal standards. They taught me that an untarnished reputation is a substantial possession, that a lawyer's word should be his or her bond. We should demand nothing less. We are part of a noble profession, and by setting an example we can promote professionalism every day. When I was president of the Dade County Bar Association, we created a series of documentary videos on professionalism that were produced by attorney Paul Lipton. These videos feature distinguished attorneys and judges and provide valuable insight into how passionately these individuals care about our profession. The Florida Bar's Committee on Professionalism is using these videos statewide, has added more videos and has expanded the program to make them available to law schools, the profession and the public. [GO TO TOP] |
5. The Board of Governors is studying a major communications effort involving TV ads and shows to bolster public education about and confidence in the legal system. What is your opinion of this effort and how it should be accomplished?
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A. No institution - the legal profession included - can endure in a democratic society unless it enjoys the respect and confidence of the public, but there is no easy solution to our ongoing problem. Our detractors unfairly present a distorted perception of lawyers, most notably in jokes that feed the public's misconceptions. Unfortunately, many people accept these jokes without critical analysis, and through repetition the basis for the jokes begins to take on the aura of truth. We need to get the public to reflect on things that are positive about lawyers. We need to create ads that make them realize that lawyers do, in fact, do much good for society. To some it will come as a revelation. But create enough of those revelations and you've created a shift in public opinion. It can be done. The Bar, therefore, must expand its public relations and communications programs. This could be costly - especially if we use television ads - so we will have to weigh the costs against the benefits. But after serving on the Communications Committee and as co-chair of the 11th Circuit Speaker's Bureau Committee, I can tell you that getting the word out is a worthwhile and necessary program for The Florida Bar. [GO TO TOP] |
| 6. You both have extensive experience with Bar fiscal operations. What is your assessment of the Bar's financial operations and status. | A. As this year's budget chair, I presented to the Board of Governors the 1998-'99 budget. The budget significantly improves Bar services and programs while holding the line on dues. Our 1998-'99 operating budget is $24.2 million, of which membership fees account for about $12.2 million. The Bar's spending plan includes a significant investment in new computer equipment and in making our systems Y2K compliant. It also includes money for an additional analyst for the Law Office Management Assistance Service, which will help LOMAS provide better service. It also includes increased spending to protect the public against the unauthorized practice of law, and increased spending on the Bar's professionalism programs. I have been a member of the Bar's Budget Committee for three years and have served as its vice chair and now its chair. I have spent many hours reviewing the budget with Bar staff. I can tell you that the budget is financially sound. The Bar has not raised membership dues in several years and has the 37th lowest dues statement among the 52 Bar jurisdictions in the country. We can continue this good record by setting priorities and funding the programs that our members desire while eliminating programs that are no longer relevant. The Budget Committee conducts a cost-benefit analysis before any new program or proposed regulation is considered by the Board of Governors. We must also provide relief to new lawyers and lawyers in public service by holding the line on dues and continuing to allow installment dues. The Bar has a good fund balance, and this makes it possible to avoid special assessments. This reserve also gives us the ability to take a position and have the resources to fund that position, which is important to all of our members. [GO TO TOP] |
7. What can the Bar do to help the typical small firm lawyer in his or her practice?
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A. As the managing partner of a two-person law firm, and as a member of the General Practice, Solo and Small Firms Section, I am sensitive to the many problems facing small firms. One of my goals is to increase participation by all segments of the Bar's membership. I would encourage sole practitioners and small firm lawyers to participate in the Board of Governors and in Bar Sections and Committee, and to communicate directly with the Board of Governors. First and foremost, the Bar can help small firms and sole practitioners by avoiding unnecessary rules, which hinder a lawyer's ability to practice law. Instead, the Bar should use its resources to help its members' practice in a professional manner. As a member of the Board of Governors for several years, I have been shocked by the inordinate number of small firm lawyers involved in disciplinary proceedings. Unsophisticated office management and trust account violations are among their biggest problems. They need our help. Here are some ideas: a) The Bar should provide the information and guidance these lawyers need to make maximum use of the latest technology. The Florida Bar will have a state-of-the-art computerized office set up so that those who are in small firms can see the latest technology in action and learn how to set up and run a small office. b) The LOMAS program must be expanded to help in the selection and evaluation of insurance programs (malpractice, health, disability, life insurance, catastrophic illness), retirement plans, office equipment, computers, and should also help in the creation of a law library. The group discounts and services available to large law firms should be equally available to small firms. c) The Bar's SCOPE (Seek Counsel of Professional Experience) program should be expanded. Often new lawyers are unfamiliar with an area, or are confronted with an unusual problem. SCOPE should give them quick telephone access to an attorney who can help. d) Special assistance must be available to help small office lawyers determine whether their books, records and trust accounts are in compliance with the Florida Bar Rules and Regulations. e) The ethics hot line should be expanded to provide timely responses to ethical questions. f) Finally, since many cannot afford to hire office managers, the Bar should use every means at its disposal - including its web site - to make information about membership services and benefits readily available. [GO TO TOP] |
8. How can accessibility by the middle class to Legal Services be improved, and how can the Bar assist in that effort?
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A - Every person, regardless of income, should have the ability to retain a lawyer to represent them. There are several ways in which the Bar can assist, and prepaid legal service plans are among them. The Florida Bar Prepaid Legal Services Committee has the responsibility to review group legal services. In Florida there are 49 such plans. There are 21 Legal Expense Insurance Corporations that are under the auspices of the Florida Department of Insurance. The Bar must continue to develop alternatives for middle income consumers. These plans could range from providing quick access to a lawyer for advice to providing comprehensive legal services. These plans must be well publicized. [GO TO TOP] |
9. How do you see the practice of law changing from competition, societal and technological factors, and how can the Bar help its members deal with these changes?
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A - There have been great changes in every aspect of life in Florida in the last 25 years - changes in business, commerce, finance, science, politics and the general economy of the state. They have come at an increasing pace, particularly in the last few years. Obviously, they have had an impact on the practice of law. Technological changes will make the law offices and courtrooms of the 21st Century unrecognizable to lawyers who have practiced in the last quarter century. As technology changes and law offices try to adapt, the Bar must guide lawyers through a complex maze of decisions. It must also help lawyers practice in a cost effective way. At the same time the Bar must anticipate and be prepared for future changes in the practice of law. The Bar must have a leader who will be the voice of all Florida attorneys. The Bar must be in partnership with its lawyers - because together we can reach the goals of providing quality service to our clients and improving the quality of life for all lawyers. [GO TO TOP] |
10. How do you see the relationship between the Bar and its sections? Is there anything you feel needs attention in this area?
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A - The Florida Bar must be there to assist its sections and committees, and we have a good working relationship with them. This is particularly true in the areas of section membership and disbursement, and in the setting of section budgets. I have tried to follow the "user-friendly" approach. As Budget Committee Chair, I continually extend a helping hand to the section and committee chairs. At the leadership conferences I urge them to contact me or any committee member regarding any budget issue. The Bar must continue to assist the sections in a variety of areas: legal education, publications, meetings, legislative tracking information, public information and public services. The important role of the sections must be reflected in all long-range planning, and our section leaders will continue to do excellent work if we keep them up-to-date on the Bar and its services through continuous training. [GO TO TOP] |
| 11. What role should the Bar take in addressing ancillary business with an eye toward balancing client demand and retaining the uniqueness of the legal profession? | A - As a member of the ABA House of Delegates, I have listened to lawyers from throughout the country to obtain information about ancillary business issues. The February 19th All Bar Conference in Tampa will be devoted entirely to ancillary business. Two years ago, the Bar appointed a Special Committee on Ancillary Businesses to examine what they are, what they're doing to the profession, and what the Bar should do about them. Next summer the ABA's National Conference of Bar Leaders will convene at the ABA Annual Meeting to discuss ancillary business. Lawyers must be allowed to provide traditional client services. All ancillary business issues must be addressed and resolved. The Florida Bar should not handcuff lawyers with unneeded rules and regulations which intrude into our professional lives. The Florida Bar should also establish a Committee on Multi-Disciplinary Practice to examine how the Bar should respond to incursions by other professionals - primarily accountants - into areas that have long been considered the exclusive province of the legal profession. This committee should consider the interests of the public as well as the Florida lawyer. [GO TO TOP] |
| 12. What new goods and services should the Bar be considering adding to its members benefits program? | A. The Bar's membership benefits program should be significantly expanded to include long-term care for catastrophic illnesses [cancer], a variety of office assistance programs and travel benefits. The Florida Bar needs to publicize all of its membership benefits so that all lawyers know exactly what is available to them. A detailed directory should be prepared and up-to-date information should be available via the Internet. The Florida Bar must have a membership leaders retreat where all sections and committee members will have the opportunity to review and evaluate existing benefits. Programs and services provided by the ABA and other state bars should be analyzed. Florida lawyers practicing in the 21st Century will have the best member benefit programs in the history of The Florida Bar. [GO TO TOP] |
