Partner Jeffrey S. Goethe Recertified as a Board-Certified Wills, Trusts and Estates Attorney.

Attorneys who are Board Certified by the Florida Bar must continue to demonstrate their qualifications by going through a re-certification process.  Initially certified as a Board-Certified Wills, Trusts and Estates attorney by the Florida Bar in 2010, Jeffrey S. Goethe was recently notified that his certification has been extended through July 31, 2025. 

In a March 19, 2021 letter from the chair of the Florida Bar Board of Legal Specialization and Education, Steven B. Lesser, Mr. Goethe was recognized for his efforts in achieving and maintaining board-certified status:

On behalf of the Board of Legal Specialization and Education (BLSE), it gives me great pleasure to inform you of your recertification in Wills, Trusts and Estates effective August 1, 2020.

 

Your continued pursuit of board certification is a direct reflection of your commitment to excellence and professionalism in the practice of law. As a board certified lawyer, you have, as acknowledged by the Supreme Court of Florida, the distinction of having "special knowledge, skills, and proficiency in your practice area, as well as character, ethics, and a reputation for professionalism in the practice of law." Moreover, you are entitled to represent yourself as board certified in your field of practice and use the initials B.C.S. after your name to indicate Board Certified Specialist.

 According to the Florida Bar web site, 7 percent of eligible Florida Bar members, or approximately 5,000 members, are certified in one or more of 27 certification fields. As of April 13, 2021, the Florida Bar member search reflects a total of 308 lawyers board certified in Wills, Trusts and Estates.  Only five of those attorneys practice primarily in Bradenton. A video from the Florida Bar on Board Certification can be found here:

https://www.floridabar.org/about/cert/

 

Probate and Guardianship Rules Updates

 

2020: A Challenging Year....

"Challenging" might be the best adjective for what we all experienced in 2020.  Probate and Guardianship attorneys were also affected by changes to the probate and guardianship rules of procedure.  In an effort to summarize those changes, I authored an article for the Florida Bar Journal.  It seemed like the rules changed faster than we could update our forms and office procedures, but we're adapting. 

Here's a link to the article: 

https://www.floridabar.org/the-florida-bar-journal/2020-a-challenging-year-for-keeping-up-with-changes-to-probate-and-guardianship-rules-and-statutes/

New Forms to Help Protect Vulnerable Adults

 

The Florida Supreme Court released an opinion on the Petition of the Florida Probate Rules Committee in Case No. SC20-21. The committee developed forms to implement the protections available in Florida Statutes Section 825.1035. The court adopted the rules as proposed.  The opinion can be found here: 

Florida Supreme Court Opinion in Case No. SC20-21

The opinion was effective immediately, It is hoped that the court-sanctioned forms will provide uniformity and efficiency for the process designed to protect some of Florida's most vulnerable citizens.  Even though there was a statutory form, there were reports of courts finding the form legally insufficient. 

The Florida Supreme Court Approves New Guardianship Forms

  In an effort to standardize and improve certain guardianship forms, the Florida Supreme Court approved new forms proposed by the Florida Probate Rules Committee.  The opinion can be found here: 

September 3, 2020 Florida Supreme Court Opinion - Guardianship Forms

ACTEC Condemns Racism

The American College of Trust and Estate Counsel recently issued the following statement: 

ACTEC Statement Condemning Racism

ACTEC is a non-partisan, apolitical organization. However, the College considers the historical, continuing, and devastating impact of institutionalized racism against people of color in our society to be a humanitarian, rather than a political issue. Individually and collectively, we will never, and should never, forget the shocking video images of the brutal murder, now formally charged, of George Floyd. ACTEC will not be silent in the face of these events but will state here affirmatively: ACTEC condemns racism in all its forms. ACTEC will continue to strive to be, and publicly commits to be, anti-racist. ACTEC agrees that as we strive to be an anti-racist society, we cannot attain that goal without acknowledging that Black lives matter.

ACTEC acknowledges that, in a culture and society where white supremacy has been institutionalized, systemic racism exists; therefore, a failure to embrace strong anti-racist practices and policies will merely perpetuate racism. While we remain committed to maintaining a diverse and inclusive environment, we too must do more as a College. We pledge to take additional anti-racist actions, and we encourage all ACTEC Fellows to actively strive to eliminate all forms of racism in their personal and professional lives. ACTEC acknowledges and accepts that, in time, we all will be judged not only by our words, but also by our actions.

American Bar Foundation Condemns Racism

Here's a recent statement from the American Bar Foundation: 

An Update from the ABF: The ABF Condemns Systemic Racism

Dear ABF Community,

As you all know, the terrible and tragic events of the past few weeks have been incredibly disturbing and heartbreaking.  From the horrific killings of George Floyd, Breonna Taylor, and Ahmaud Arbery to the countless other episodes of explicit bigotry, bias, and brutality, our country is currently revealing the systemic racism that has been with us throughout our history.  There is no doubt that the legacy of our nation’s “original sin” continues to reverberate today.  It is times like these when we must not only take note of the horror and sadness, but also speak out and denounce the hatred and racism underlying recent events.  Let me be clear: We at the ABF condemn racism in all its forms.

Since our beginnings and throughout our history, the ABF has been at the forefront of using the power of ideas to confront injustice and inequality.  Many of our current and former colleagues have spent decades studying and documenting the relationship between law and structural racism and institutional inequality. Their voices and scholarship reflect the ABF’s core values, ideals, and commitments.  Our research matters now more than ever, and I am proud that we as a community continue to speak out on issues of race, racism, and inequality.  As an institution, we should also be proud of the ABF programming that continues to support the research interests of college students and emerging scholars from underserved and underrepresented backgrounds who can be the catalysts for greater diversity, equity, and inclusion in the legal and academic professions.

But as we all know, this alone is not enough. In times like these, we need to continue to reflect upon our ABF mission to expand knowledge and advance justice. As scholars and citizens, we have a responsibility to speak truth to power regarding all forms of racism and inequality. This is at the heart of who we are as an institution.  Through our research, writing, and policy recommendations, we can continue to move the legal system and our broader society toward greater racial equity and justice.

As a community, we will work through these challenging times together. The ABF has always been, and will always remain, a community for all.  It is up to all of us to maintain those ideals. Thank you.

Please be well and stay safe.

Regards,

Ajay K. Mehrotra

Executive Director, American Bar Foundation

The American Bar Foundation - Improving the Law Through Research

I was recently invited to join and support the American Bar Foundation as a Fellow.  After reviewing the work of the organization, I felt compelled to offer my support. 

The mission statement of the American Bar Foundation gives a broad overview of its purpose: 

The American Bar Foundation (ABF) seeks to expand knowledge and advance justice through innovative, interdisciplinary, and rigorous empirical research on law, legal processes, and legal institutions.  To further this mission, the ABF will produce timely, cutting-edge research of the highest quality to inform and guide the legal profession, the academy, and society in the United States and internationally.

The areas of research include many topics that will improve the lives of Americans: 

• Analyzing the Influential Early Childhood Policies that are Proven to Promote Human Flourishing
• Access to Justice
• Tenant Screening and Fair Housing Law in the Information Age
• Conceptualizing Property Takings
• Contested Constructions of Discrimination
• Consent to Sex on Campus
• The Future of Latinos in the United States:  Law, Opportunity, and Mobility
• Employment Civil Rights
• Policing and Political Participation
• Adolescent and Adult Lives of Children of Parents Returning From Prison
• Criminal Defense in China
• Parental Incarceration
• Law and Globalization
• The Lessons for American Law & Public Policy from the Scandinavian Welfare State
• Legal Defenses Against Democratic Decline
• Globalization of Law and Markets
• World Justice Project
• Civil Rights: An American History
• African Americans and Chicago's Criminal Courts, 1896-1964
• The Sit-Ins: Protect and Legal Change in the Civil Rights Era
• Research Group on Legal Diversity