ABA report sparks proposed rules changes

first_img January 15, 2004 Senior Editor Regular News ABA report sparks proposed rules changes Gary Blankenship Senior Editor A variety of amendments have been proposed to Bar rules by a committee that reviewed the ABA’s recent updating of its model rules.Adele Stone, chair of the Bar’s Special Committee to Review the ABA Model Rules 2002, presented the panel’s final report to the Bar Board of Governors at its December 5 meeting on Amelia Island.The board will review the recommendations and is scheduled to act on them at its April 2 meeting in Pensacola.“Our charge in 2002 from [immediate past Bar President] Tod Aronovitz was to analyze the changes proposed by the ABA [as a result of its Ethics 2000 Commission], compare them to the Bar rules, and recommend whether any Bar rules should be changed,” Stone told the board.The committee agreed with some proposed ABA changes, rejected others, and modified some suggestions, she said.One notable new area is spelling out a lawyer’s duty to a prospective client who meets with but ultimately does not hire the lawyer.“What are the duties to someone who calls up, and then doesn’t follow through on representation?” Stone asked.The ABA commission found that lawyers have a duty of confidentiality to such prospective clients, and consequently said lawyers could not represent an adverse party without the consent of both parties or the timely screening of the lawyer who had contact with the prospective client. The Bar committee noted such screening is rarely allowed in Bar rules, and so recommended that a modified new Rule 4-1.18 be adopted. It would omit the screening exception and would modify the ABA language to provide a lawyer could not represent the adverse party if the lawyer had information that “could be used to the disadvantage of” the prospective client.One proposal from the ABA was that whenever client consent was required in the rules that it be confirmed in writing. Stone said that was rejected, although the committee recommended it be added to Rules 4-1.7, 4-1.11, and 4-1.12. That includes the conflict of interest rule which would require that a client waiving an attorney’s conflict give an informed consent confirmed in writing. The written requirement may be met by the lawyer memorializing an oral consent in writing sent to the client.The committee also reviewed proposals from the ABA’s Task Force on Corporate Responsibility, which was set up after the Sarbanes-Oxley Act that resulted from corporate accounting scandals. Stone said the committee did not recommend adopting the ABA task force’s recommendations for increased disclosure requirements for lawyers on corporate wrongdoing, as those proposals went beyond the requirements of Sarbanes-Oxley.One change that was incorporated is a requirement for lawyers acting as mediators, arbitrators, or other such “third-party neutrals” to advise nonlawyers that they are not acting as attorneys for the parties, Stone said.Other changes include:• Changing the term “consent after consultation” throughout the rules to “informed consent.” The ABA said, and the Bar committee agreed, that was clearer language. • Agreeing with the ABA and changing Rule 4-1.4 to strengthen a lawyer’s obligation to communicate with a client and keep the client informed. • Amending Rule 4-1.10 to clarify that a conflict personal to one attorney does not apply to the entire firm, as long as other lawyers in the firm are not affected that one attorney’s personal conflict. Also, conflicts of nonlawyers will not be imputed to the entire firm, as long as the nonlawyer is screened from participating in that case. • Amending Bar Rule 4-1.12 on conflicts to specify that it applies to former mediators and other third party neutrals. • Amending Bar Rule 4-1.17 that part of a law practice can be sold, or that an entire law practice can be sold to more than one party. The rule currently says a law practice can be sold only to one buyer. “The committee believes that requirement is unduly restrictive and does not serve to protect the interests of clients,” said the committee’s report to the board. • Amending Rule 4-4.4 to provide that an attorney who receives a misdelivered document from another lawyer must promptly notify the lawyer of the mistake. Commentary to the rule gives further guidance but also notes that questions about whether the document is privileged and any other responsibilities of the recipient are beyond the scope of the rule. • Amending Rule 4-5.4 to clarify that lawyers may share fees with nonprofit, pro bono legal service organizations which have referred cases to them.Several other editorial and organization changes were also recommended.Bar members are encourage to reviewed the committee’s complete report which, along with the committee’s minutes, are posted on the Bar’s Web site, www.flabar.org.Comments may be sent to Bar Ethics Counsel Elizabeth Tarbert at The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300, or e-mailed to [email protected]center_img ABA report sparks proposed rules changeslast_img read more

BC Hockey awards Nelson at host for 2014 Cyclone Taylor Cup

first_imgStocks was not around the last time the Leaf submitted a bit to host the BC Junior B Hockey Championship.That happened in 2010 when the club lost out to the Fernie Ghostriders in the bid process.However, this time around the Leafs were the winners to host the four team tournament showcasing the champions from the Kootenay International Junior Hockey League (KIJHL), the Pacific International Junior Hockey League (PIJHL), and the Vancouver Island Junior Hockey League (VIJHL) along with the host team compete in the Championship tournament.The 2013 Cyclone Taylor Cup will be hosted by the Comox Valley Glacier Kings in Comox, BC from April 11-14, 2013. The Castlegar Rebels appear to be the KIJHL rep after opening the championship series against North Okanagan with two narrow wins in the Sunflower City.The Rebels travel to Armstrong for Games three and four with a 2-0 lead in the best-of-seven series.Game five, if necessary, is Monday in Castlegar. It may be a bold statement to some hockey fans but the Nelson Leafs are promising playoff hockey in April off 2014.That’s right book those playoff ticket now because Friday BC Hockey awarded the Leafs the 2014 Cyclone Taylor Cup Junior B Provincial Championship.“The Nelson Leafs organization is thrilled to be chosen as the host for the 2013-2014 Cyclone Taylor Cup,” said Russell Stocks, President of the Nelson Leafs Hockey Society. “We are excited to have the opportunity to showcase our organization and the incredible community of Nelson.  The Leafs are a first class organization and we expect to put forth a first-class event.”Nelson has been eliminated from the post season in the first round of the playoffs that past three seasons after making a habit of advancing down the playoff trail the previous seasons.last_img read more

Nelson U18 Selects grab bronze at Bill Eisenwinter Hot Shot Tournament

first_imgDarian Johnson was in goal for Nelson to register the win.Nelson then dropped a 3-1 decision to Idaho Thunder in a spirited affair.After the Thunder took a 1-0 lead, Ayers scored his second in as many games early in the second half to even the score.However, Idaho struck for a pair of goals to pull off the two-goal win.Nelson unfortunately lost the services of center back Theo Bakas in the match and for the rest of the tournament due to an undisclosed lower body injury.Nelson offence came to play in Sunday’s game against Livingston, Montana in neighbouring Rathdrum, Idaho.Nelson led 2-0 at the half on goals by Jake Anderson and Bryce Twible, who converted a penalty kick.Guest player Renan Paredes, with a pair, and Ziegler scored in the second half to give Nelson the 5-2 win.”The Missoula guys were a great addition both on and off the pitch,” Szabo said.“They fit right in and it was a good experience for all. Nice to make new friends.”Szabo was pleased with the midfield play of Nolan DeRosa and Spencer Szabo especially in that final game.He added that the back line of Theo Bakas, Andrew  Knapik, Lucas Spielman, Dylan Bennett and Owen Thurston kept it tight under pressure then moved out quickly on the attack.”Josh Venema from Missoula was a nice addition there too,” Szabo said.”Johnny Johnson was our utility guy. Played every position on the pitch I think except keeper. And he was even ready to do that if need be.” Nelson Select came within whisker of playing for the championship of the Bill Eisenwinter Hot Shot Tournament Sunday in Coeur d Alene, Idaho.The  U18 Select finished third due to head-to-head action tiebreaker despite posting a 2-1 record.”I was absolutely delighted with the effort,” said Nelson coach Dan Szabo. “A few mistakes cost us, but I liked how we picked ourselves up after.”“Our confidence is high, we’re getting more chances at goal and that’s largely due to everyone knowing what their job is and how that impacts the play overall,” Szabo added.“We scored nine goals in three games.”Nelson opened the tournament with a 3-2 win over Polson.Nigel Ziegler scored the winner for Nelson late in the game to secure the win.Johnny Johnson scored the opener four minutes and Missoula guest player, Cameron Ayers, added another with more sustained pressure at 16 minutes. Nelson, with only 12 players make the trip, was able to recruit three players from Missoula, Montana including an exchange student from Brazil.The teams exchanged goals with Polson scoring before recess and Ziegler replying in the second half.Polson added a marker in the 64th minute and applied pressure late but Nelson held on for the 3-2 win.last_img read more

Ohio’s Crop Progress Report – August 17th, 2015

first_imgShare Facebook Twitter Google + LinkedIn Pinterest Ohio growers experienced a week that was drier and slightly warmer than normal, according to the USDA, NASS, Great Lakes Regional Office. There were 6.0 days suitable for fieldwork for the week ending August 16th. Statewide soil moisture surpluses have declined, but crop condition ratings have stayed largely the same. Weed pressure is high where wet and soft ground hampered control efforts. Some growers noted improvements where recovery efforts were made, while others cited excessively dry conditions as a concern. Recorded rainfall ranged from 0 to 2.55 inches, with most districts seeing some precipitation. This was enough to keep shallow rooted crops going and the state clear of dry spots on the last U.S. Drought Monitor.View the complete report herelast_img read more

Michigan State Football: Plaxico Burress Rips Nick Saban, Implies He Once Chased Money Too

first_imgA closeup of Nick Saban during a press conference.TAMPA, FL – JANUARY 09: Head coach Nick Saban of the Alabama Crimson Tide speaks during a press conference after the Clemson Tigers defeated the Alabama Crimson Tide 35-31 in the 2017 College Football Playoff National Championship Game at Raymond James Stadium on January 9, 2017 in Tampa, Florida. (Photo by Brian Blanco/Getty Images)Former Michigan State wide receiver Plaxico Burress rang in the new year with a shot at the integrity of his former college coach Nick Saban. Today, the former NFL star again took to Twitter to rip Saban. His mini-rant came after Saban made comments this morning at SEC Media Days suggesting some Alabama players played not to get hurt in their Sugar Bowl loss because they were distracted by their NFL Draft status. I recall Nick Saban telling me to stay in school finish what I started, I wasnt 1st round pick and he left for LSU b4 the season was over— Plaxico Burress (@plaxicoburress) July 15, 2015Now Nick Saban goes on tv saying that kids are distracted by NFL projections. Well, the kids are just chasing a dream that you were. $$$— Plaxico Burress (@plaxicoburress) July 15, 2015N Saban looked his players in the face at the Duf, said he wasnt leavin, I’m committed to the program” and was gone the next day. Tru story— Plaxico Burress (@plaxicoburress) July 15, 2015Now Nick Saban players are being distracted by the NFL and chasing a dream, haha tell your story Nick. LSU showed you $$, you was GONE! Ha— Plaxico Burress (@plaxicoburress) July 15, 2015Nick Saban actually told me I was a second round pick. I said, “where are you getting your info from? Are you watching these games? Hahaha— Plaxico Burress (@plaxicoburress) July 15, 2015 Well, still doesn’t look like Plax and Nick will be sharing dinner or drinks any time soon.last_img read more

ESPN Mistakes Devin Booker For Arrested Notre Dame DB Devin Butler

first_imgESPN accidentally uses Devin Booker photo on Notre Dame report.ESPN.ESPN’s SportsCenter made quite an error in their broadcast of Notre Dame cornerback Devin Butler’s arrest last night.First, Butler was arrested yesterday on preliminary felony charges of battery to law enforcement and resisting arrest. Then, when reporting the arrest on Saturday night’s SportsCenter, ESPN managed to confuse Butler with Phoenix Suns guard Devin Booker. They very clearly selected the wrong photo for the broadcast.The hiccup definitely didn’t go unnoticed by viewers. Social media lit up, calling out the station for the [email protected] whoops. @DevinBook pic.twitter.com/sHKYdf1ybT— JTrain (@purplePHXorange) August 21, 2016When they realized the mistake, SportsCenter issued an apology. Anchor Zuban Memento read the statement after the commercial break.You can watch it below:@DevinBook @espn @SportsCenter pic.twitter.com/uAJAgVOWF4— JTrain (@purplePHXorange) August 21, 2016The transcription of his apology is below:“We are back on SportsCenter, and an apology we’d like to make. When reporting on a story earlier this hour on Notre Dame cornerback Devin Butler, we accidentally used a photo of the Phoenix Suns’ Devin Booker. We all here at SportsCenter do sincerely apologize for that mistake.”Butler has since been indefinitely suspended by Notre Dame’s football program.last_img read more

A Chart For Predicting PenaltyShootout Odds in Real Time

If you’ve come here during a penalty shootout, scroll down for some cool charts. The next several paragraphs explain our methodology in some detail.FiveThirtyEight has some credibility staked on the performance of the Brazilian national team. It was our pretournament favorite to win the World Cup. (Many other forecasts had Brazil favored, but not as heavily as we did.) So, like the 23 Brazilians on the pitch and the 200 million watching at home, we were sweating the outcome when Brazil went to a penalty shootout with Chile on Saturday.We were curious about the Brazilians’ chances of winning at various points in the shootout. How safe were they after Brazil’s David Luiz made his first penalty and Chile’s Mauricio Pinilla missed his? How close did things get after the shootout was tied at 2-2, and how bad would it have been if Neymar had then missed for Brazil?What follows is a series of charts to provide some reasonable estimates of these probabilities. We’ll start with the case in which both teams are assumed to be equally likely to convert penalty kicks, and then explore alternatives where one team (perhaps like Brazil against Chile) might be thought to have a marginal edge.There’s a cottage industry around predicting the outcome of penalty kicks. Some theories are worth exploring. There’s some evidence, for example, that whichever team shoots first has a slight advantage. Others are probably more dubious and may rely on overinterpreting evidence from small sample sizes (see Phil Birnbaum’s cautionary note for more on this).Our goal is not to litigate those theories. Instead, we make some simple assumptions: that the outcome of one penalty kick is independent from the next one, and that a team’s chances of making a penalty is consistent with long-run averages.In the history of the World Cup, teams have made 71.5 percent of their penalty-shootout kicks. But the sample size is not huge, and the percentage has been slightly higher — closer to 75 percent — in other major international tournaments like the European Championships. So we fudge just a pinch upward and assume that the long-run rate of made penalties in the World Cup is 72.5 percent.It’s important to clarify that this percentage pertains to penalty kicks attempted during shootouts. The success rate is higher — in the range of 75 to 80 percent — for penalties attempted after a foul is called in the box in regulation play. But those cases are a little different. A team will usually designate its best penalty taker to make the one attempt instead of having to rotate through at least five players as in a shootout. (If Neymar or Lionel Messi got to make every attempt, the success rate in shootouts would rise.) Furthermore, the rebound is live in penalties attempted during regulation play; rebounds are not live during a shootout. (Even if goals scored on the rebound are not counted as penalty-kick conversions, the possibility of a rebound may affect the strategy of the kick taker and the goalkeeper.) Finally, players may be under more pressure during a shootout, and they’ll have the opportunity to alter their behavior after observing their teammates’ kicks.So to repeat: Our initial assumption is simply that each penalty kick has a 72.5 percent chance of being made. From there, calculating the probability of a team winning the shootout is fairly straightforward given any condition of the game (for instance, a team being ahead 2-1 after each team has attempted three penalties). The technique we’re applying is technically known as a Markov chain, but that makes it sound more elaborate than it is.Time for the first chart. This assumes two-evenly matched teams, which we’ll call Team A and Team B. Team A shoots first.You can follow the action by moving down one row after every penalty-kick attempt. Whenever Team A makes a penalty, move down and to the left. Whenever Team B does, move down and to the right. When there’s a miss, move straight down (don’t alter your horizontal direction). A cell tinged in blue means that Team A is favored to win the shootout, and one tinged in red means that Team B is favored instead.As an example, we’ll take the shootout in the 1994 World Cup final between Italy (the Azzurri shot first, so they are Team A, in blue) and Brazil (Team B, in red). The teams were about evenly matched, so we’ll assume that the probability was 50-50 going in. Here’s what happened next: Italy’s first kick. An errant attempt by Franco Baresi, which sails over the crossbar. Move due south on the chart. Brazil — Team B, in red — is now a 70 percent favorite.Brazil’s first kick. But Brazil’s Márcio Santos misses, too! Terrific anticipation by Italian goalkeeper Gianluca Pagliuca. Move straight down again: we’re back to 50-50.Italy’s second kick. Italy’s Demetrio Albertini makes his penalty. Move down and to the left. Italy, up 1-0, is a 58 percent favorite.Brazil’s second kick. Romário notches a kick off the left crossbar. Move down and right. We’re tied 1-1, and the probabilities are at 50-50 again.Italy’s third kick. Brazil goalkeeper Claudio Taffarel guesses the right direction — but is much too late to stop Italy’s Alberigo Evani. Move down and to the left. Italy is ahead 2-1 and has a 59 percent chance of winning.Brazil’s third kick. Brazil’s Branco equalizes. Down and to the right. Back to 50-50.Italy’s fourth kick. This was the pivotal penalty — it affected the odds more than any other kick (including Roberto Baggio’s infamous miss later on). Taffarel anticipates Daniele Massaro’s kick and makes one of the easier-looking saves you’ll see in a shootout. Move straight down. Although the score is tied 2-2, Brazil has an attempt in hand and is a 79 percent favorite to win.Brazil’s fourth kick. Dunga’s penalty is low and to the middle — and by Baresi. Brazil up 3-2. Look down and right on the chart: The team’s now 90 percent to win the shootout.Italy’s fifth kick. Italian star Baggio gets far too much on his attempt and it goes well over the crossbar. The Brazilian reserves rush the pitch to celebrate their World Cup championship. Presumably, you’re either celebrating too or throwing things at the television screen — either way, hope you saved that bottle of grappa. But, if you insist, move straight down the chart. You’ll encounter a solid block B — in this case, representing Brazil. This is an end condition: The penalty shootout is over, and Brazil has won.Here’s the chart with the Italy-Brazil results filled in:Sometimes the shootout can persist for more than five kicks per team. For example, one shootout in the 2006 Africa Cup of Nations featured 23 consecutive made penalties before Cameroon’s Samuel Eto’o finally missed to hand Ivory Coast advancement. When this occurs, follow the loop in the chart. The situation when teams are tied after five kicks is mathematically identical to the one when they’re tied after six kicks, 12 kicks, 20 kicks or any other number.On other occasions, there may be reason to think that one team starts the shootout with an advantage. Maybe it has a better goalkeeper, or its opponent is England, or you buy the theory that the team that shoots first has an edge. There’s also some evidence that the better team based on overall measures of team quality (such as Elo ratings or the Soccer Power Index) may have some minor advantage in the shootout. Shootouts are mostly random but not entirely so.Take the case in which Team A shoots first and is the better penalty-shooting team, converting 75 percent of its penalty kicks — while Team B makes 70 percent. Team A will win the shootout about 58 percent of the time. This resembles the shootout between Brazil and Chile on Saturday: Live betting odds, before the first penalty was attempted, put Brazil’s chance of winning in the range of 55 to 60 percent. Here is the chart for that occasion:We won’t give you a complete walkthrough, but Brazil’s odds rose to 83 percent after Luiz’s make and Pinilla’s miss — and then further, to 91 percent, after Marcelo put Brazil ahead 2-0. But consecutive makes by Chile and a miss by Hulk brought Brazil’s odds down to 56 percent. Neymar made Brazil’s fifth penalty, and the team’s odds recovered to 69 percent — and Brazil won when Chile’s Gonzalo Jara hit the post. Had Neymar missed instead, Chile would have been the 83 percent favorite.Finally, here’s the case where the side that shoots second — Team B — has a slight edge and makes 75 percent of its penalties to Team A’s 70 percent.Note that Team B’s advantage amounts to the equivalent of about half a kick. If Team A makes its first penalty, and Team B still has an attempt in hand, the odds go to about 50-50. But if Team A misses, Team B’s odds rise to 77 percent despite not having yet made an attempt. read more

Ronaldos move to Juventus is to keep him motivated – Kaka

first_imgCristiano Ronaldo’s shock move to Juventus has left many people baffled, in light of everything he has achieved at Real Madrid, but Kaka believes the success he has enjoyed over the years is what has prompted him to make the brave move away in order to remain motivatedThe five-time Ballon d’Or winner will be unveiled as a Juventus player later today following a glorious nine-year spell at Real, that had seen him win four Champions League titles and score 450 goals in just 438 games.Leaving one’s comfort zone for the unknown is something that many people choose to avoid in their lifetimes.But for someone like Ronaldo, who constantly looks for ways to better himself, it is just another way of pursuing their ultimate goal of becoming the best of all time.And Kaka has backed the Portuguese star and feels that now is the right time for Ronaldo to try something new at this stage of his career.“I think Cristiano is a very experienced player now, 33 years old so he knows and understands the situation very well,” said the Brazilian, according to Goal.“This decision to move from Madrid to Juventus, it’s a very conscious decision. He knows [it’s] time to move.“[He’s probably thinking] I achieved everything I could with Real Madrid and now it’s time to do something different to keep motivated.Franck Ribery, FiorentinaFiorentina owner: “Ribery played better than Ronaldo!” Andrew Smyth – September 14, 2019 Fiorentina owner Rocco Commisso was left gushing over Franck Ribery’s performance against Juventus, which he rates above that of even Cristiano Ronaldo’s.“That’s what moved him to accept the offer from Juve to change from Real Madrid to the Italian team.”While spending €112m for a 33-year-old seems rather risky, Kaka feels that it is a good investment for Juventus.When asked if the Serie A giants will be getting one of football’s greatest-ever plays, he replied: “I think so. Ronaldo, with his numbers, says that.“Everybody who had the privilege to watch him play… in my case, I had the privilege of training with him every day for four years.“I saw how professional he is, how strong he is, how motivated he is, how strong in his mind he is, and [can] see that he still wants to get to a different level.“I think Ronaldo will be remembered as one of the best players in the world.”Ronaldo has arrived for his medical at Juventus and will be holding his first press conference, since the announcement last week, later today.last_img read more

Official Moussa Wague signs for Barcelona

first_imgSenegal international Moussa Wague has completed his transfer to BarcelonaAt just 19 years old, Wague proved to be one of Senegal’s star players at the World Cup this summer and scored for Aliou Cisse’s side in the 2-2 draw with Japan to become the youngest African goalscorer in finals’ history.Now Football-Espana have reported that Wague has completed a €5m move from Belgian club Eupen after agreeing on a long-term contract that will include a buy-out clause of €100m.Ernesto Valverde has decided to go ahead with a deal for the young full-back due to his plans to put Sergi Roberto into a central midfielder role for the upcoming season, while ensuring that his replacement Nelson Semedo has competition for the right-back spot.David Villa, SpainQuiz: How much do you know about David Villa? Boro Tanchev – September 14, 2019 Time to test your knowledge about Spanish legendary forward David Villa.The move for Wague was masterminded by general manager Pep Segura and sporting director Eric AbidalAlthough the teenager may have to start life at the Camp Nou in the Barcelona B team before he makes his debut for the senior side.Wague has made a total of 52 professional appearances for club and country.last_img read more