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Network Auctions Graham Penny in Parliamentary Review

first_imgHome » News » Auctions news » Network Auctions Graham Penny in Parliamentary Review previous nextAuctions newsNetwork Auctions Graham Penny in Parliamentary ReviewThe Negotiator25th April 20190784 Views Graham Penny Property auctioneer Graham Penny featured in the latest housing edition of the Parliamentary Review, which shares best practice in the industry.Graham, who founded Graham Penny Auctions, now part of SDL Auctions, was invited to contribute and he highlighted the benefits of selling a property at auction and called for regulation changes to make the process even more transparent.Graham, now a consultant to SDL Auctions, credited the BBC television series Homes Under the Hammer for raising the profile of auctions and said he hoped that one day it would become the preferred method of sale in the UK as it is in other parts of the world.“Property auctions are a genuine alternative to private treaty sales and in some cases can realise a better sale price. It’s an accurate barometer of the market at the point of sale; if you offer a property for sale to an audience of competitive bidders, you will secure the best price.“When I conducted my first auction there were no guide prices and this introduction has definitely improved the understanding and trust in our industry.”The Parliamentary Review is a series of independent publications covering a range of sectors, including housing. Chaired by Lord David Blunkett and Lord Eric Pickles, the publications aim to share best practice among policymakers and business leaders.Read Graham’s full article here…Graham Penny SDL Auctions Parliamentary Review auctions April 25, 2019The NegotiatorWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles Letting agent fined £11,500 over unlicenced rent-to-rent HMO3rd May 2021 BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021last_img read more

Student dies day after wedding

first_imgA Brasenose student has died from leukaemia the day after marrying his university sweetheart.Matt Carver, a 22 year-old History student, was diagnosed with acute leukaemia in January, just weeks after he proposed to Nicola Godfrey, 21.The couple had planned to be married in two years’ time but decided to bring the wedding forward after discovering Matt’s illness.Matt and Nicola were both students at Oxford University, where they were married in the chapel at Brasenose College.Nicola, a Maths student from New College, said she drew comfort from the commitment she and Matt made to each other before he died.“It was a true celebration of our love and was everything that we had dreamed of since we decided to get married,” she said today.“Matt was desperate to get married and it was such a relief to get through the day and become his wife but obviously we would have wanted more time together.She added, “He appeared to be in the best health he had been in for a long time.“He looked fantastic, dressed up to the nines in his top hat and tails.”However, after one night as husband and wife, Matt’s condition worsened and was taken to the city’s John Radcliffe Hospital, where he died later on Friday.Matt, originally from Newport, South Wales, had been a member of Brasenose’s rowing, cricket and football clubs prior to his illness. The College has lowered its flag to half-mast out of respect.Chaplain the Rev Graeme Richardson said, “He was an outstanding all-round student, who was involved in many aspects of the college.”Nicola, a maths student at New College, said, “Matt was the kind of person who put his heart and soul into everything they did. He was a fantastic man and I will miss him very much.”Brasenose College issued a statement today which said, “He was a bright and enthusiastic student, passionate about the study of history; and also a popular and talented all-rounder. He contributed to all aspects of community life.“Matt bore his illness with great fortitude and cheerfulness, supported by his fiancée Nicola, his two younger sisters, and his loving parents.”last_img read more

Christ Church dean steps aside as new complaint emerges

first_imgThe details of the complaint have not been confirmed publicly, however The Mail on Sunday reports that Percy acted irresponsibly towards a woman during Sunday service last month. The woman claims the Dean told her: “I couldn’t take my eyes off you this morning.” As the Dean was appointed by a Letters Patent, only the Queen and the Archbishop of Canterbury can request his resignation, making it difficult for his critics to replace him. In May, 41 members of the Christ Church Governing Body signed a letter asking for the Charity Commission to remove him. This prompted the Commission to order a mediation process between the two sides.  It said: “We are disappointed that those seeking to support the Dean are reportedly trying to downplay the severity of the complaint. Martyn Percy has been contacted for comment. Disagreements emerged in 2017 when Percy complained that his salary of just under £95,000 was insufficient and below the median for Oxford heads of colleges. He was suspended in 2018 after being accused of “immoral, scandalous, or disgraceful conduct”. However, the charges against Percy were dismissed and he was reinstated in August 2019.. Christ Church welcomed the Commission’s intervention, saying that the dispute “has undoubtedly gone on for far too long”. Allies have now criticised the Diocese’s statement. David Lamming, a friend of the Dean, told The Church Times it was a “wholly inappropriate public comment while the current allegation is under investigation”. Others have claimed that the comment was one-sided, not taking into account the behaviour of the Dean’s critics, including one member of Christ Church’s Governing Body allegedly anonymously briefing journalists Church authorities received a complaint against the Very Rev Professor Martyn Percy, who is also head of the Christ Church Cathedral. Percy subsequently stepped back from his role in the college. Percy claims he has faced religious and disability discrimination and has launched an employment tribunal against the college. The case is due to be heard next year. In response to reports in the media, Christ Church has stressed that Percy has not resigned, but “voluntarily withdrawn” from his duties. The Dean of Christ Church has stepped back from college duties, the college anounced last week. New allegations that Percy behaved inappropriately towards a woman have recently emerged, This has sparked a dispute between Church of England authorities and the Dean’s supporters. These developments come after a long-running dispute between the Dean and the college Governing Body. “Such actions belittle the complainant and only add to the distress of anyone else considering a complaint against someone in a senior position. The complaint, which has been brought to the Church under the Clergy Discipline Measure, will be properly and thoroughly investigated.” Others have said the claims are a “weapon” to remove him from his job. After these comments were published, the Diocese of Oxford released a statement condemning attempts to support the Dean.  Percy has also been accused of mishandling sexual assault allegations at the college. However, he was exonerated of these charges after a Church of England investigation found he “acted entirely appropriately in each case”. Christ Church shared the following statement with college members: “The Dean of Christ Church, the Very Revd Martyn Percy, has voluntarily withdrawn with immediate effect from all duties and pastoral responsibilities in his role as Dean of the College and Cathedral. Christ Church will not be commenting further whilst necessary inquiries are under way. The Charity Commission and relevant Church of England authorities are being kept fully informed.” The row was reignited in February this year, when academics called Percy a “manipulative little turd” and a “little Hitler” in leaked emails.  Allies of Percy have come to his support. The Mail on Sunday quotes one ally saying: “Martyn is in an impossible position of being unable to defend himself while detailed allegations against him are being leaked all round the place.”  Image credit: charlemagne/ Pixabay Correction, 09/01/21 – David Yamming was corrected to David Lamming. She also claims that Percy stroked her hair. According to The Mail on Sunday, Percy has denied both claims. The Diocese of Oxford, the administrative body of the Church of England in Oxfordshire, is investigating the issue. last_img read more

Sullivan’s Legislation Streamlining Workforce Development Programs Now Law

first_imgFacebookTwitterCopy LinkEmailShare Gov. Eric Holcomb recently signed into law legislation co-authored by State Rep. Holli Sullivan (R-Evansville) helping streamline Hoosier workforce programs and funding.According to Sullivan, Indiana currently spends about $1 billion across nine agencies that offer 30 different workforce programs. Under the new law, there will be an evaluation of the state’s workforce programs and funding to find both strengths and areas in need of improvement using return-on-investment metrics enacted in 2017.“With this new law, we can better ensure the state is utilizing resources to best connect hardworking Hoosiers with jobs in high-demand fields,” Sullivan said. “By restructuring and streamlining our state’s workforce development programs, individuals will have more access to the training needed to secure high-wage employment.”Sullivan said a pathway will also be established for individuals enrolled as part-time, post-secondary students to participate in the Employment Aid Readiness Network Indiana Program, or EARN. This is a need-based program providing access to internships and offering funds to employers hiring EARN students.The law also expands access to Workforce Ready Grants so more Hoosiers can take advantage of the program. These grants can be used to pay tuition costs for Hoosiers to earn a high-value certificate through programs at Ivy Tech Community College or Vincennes University.last_img read more

Guidance: Genome UK: the future of healthcare

first_imgGenome UK sets out how the genomics community will work together to harness the latest advances in genetic and genomic science, research, and technology for the benefit of patients.Our vision is to create the most advanced genomic healthcare ecosystem in the world, where government, the NHS, research and technology communities work together to embed the latest advances in patient care.Our goal is that patients in the UK will benefit from world-first advances in genomic healthcare through globally leading collaborations between the government, NHS and researchers, building on already successful programmes such as the 100,000 Genomes Project, delivered by NHS England and Genomics England, and UK Biobank.last_img

Panorama Announces Lil Wayne, Reveals Details On The Lab & The Dome

first_imgPanorama is set to return to New York City’s Randall’s Island for its third consecutive year from July 27th to 29th. The large-scale festival, presented by Goldenvoice, features tons of star power for fans to enjoy. The summer-in-the-city festival will host The Weeknd, Janet Jackson, and The Killers as top-line headliners, followed by Migos, Father John Misty, The War On Drugs, Dua Lipa, SZA, Gucci Mane, St. Vincent, The xx, Odesza, David Byrne, Fleet Foxes, and so many more. Today, Panorama has added Grammy Award-winning, multi-platinum artist Lil Wayne (“Weezy F. Baby”) to its Saturday lineup.Additionally, the festival announced today that THE LAB, powered by HP, is returning for its third consecutive year at the festival. Seen by many as one of the highlights of Panorama, THE LAB will feature the “Dome” – a 360-degree trademark centerpiece experience of Panorama – and five experiential activations, providing festivalgoers with unparalleled immersive experiences.THE LAB is comprised once again with New York City-based artists and studios inspired by a more organic environment and HP’s commitment to a technology-driven sustainable future. THE LAB, Designed and Curated by META: The Art of Being There, will create a world of Fractal Nature–rather than being in enclosed tents and darker spaces, the installations will work more fluidly with the summer environment to shape a daytime-friendly, communal, decentralized and natural experience. HP is once again on board as the official technology sponsor for Panorama. The experiential activations all leverage the use of HP technology to create immersive interactivity for festival guests.“HP is excited to continue its reinvention journey with Panorama. We are now in our third year as the official technology sponsor and look forward to providing attendees with experiences that amaze through immersive and dynamic activations in THE LAB, Powered by HP,” said Emily Ketchen, Regional Head of Marketing, HP Inc, in a press release. “Panorama is the perfect place for HP to meet festival goers where they are and allow them to experience our products in a real and engaging way.”See below for the full lineup of artist installations included at THE LAB:Pixel Vortex by The Windmill FactoryPixel Vortex is an ethereal temple of play – a bioluminescent dreamscape of flying pixels. Upon squeezing through any of the multitude of openings you are immediately bombarded with LED balloons whirling in a powerful vortex of wind. The balloons swirl around the shimmering space, flowing up to the apex and back down. Persons enter and exit in games of hide and seek with their friends as they toss balloons around and play like children among the most technologically advanced balloon drop ever.Infinite Wild by Smooth TechnologyInfinite Wild is a solar-powered installation in which viewers find themselves surrounded by nature-inspired art. Flowing colors transport them on a journey through seasons, environments, and living animations. Sixty thousand LEDs dangle like vines around them as a mirrored ceiling and floor platform extends the image into infinity. Participants are invited in by a cooling mist that provides a much-needed respite from the mid-day sun. While strolling through this living jungle of LED vines, they can also be presented an opportunity to fill reusable water bottles, encouraging sustainability.As Above, So Below by Kate RaudenbushA transformative gathering space inspired by the fractal geometry of Sierpinski icosahedrons. It welcomes all to contemplate the humbling potential of their existence that occupies the here and now, and the infinitely large and infinitely small worlds that lie beyond their awareness, waiting to be discovered.(hy·per·sub·tle) by SuperbrightLook around with your phone’s camera. You are surrounded by beautiful, strange and abstract human creatures dancing to the music from the festival. Augmented reality pushes the limits of our imagination. The immersive media is now in your hands, you can experience it in your own environment and use it as a creative tool to express yourself. Superbright will work with a curated group of dancers to record motion capture data, creating a curatorial repository of dance moves.The selected choreographies are not just dance moves, they will be cultural memes.The Portal To Flatland by Magenta FieldThe portal is designed to invite festivalgoers from the mayhem of the music festival into the tunnel of transmutation, priming their senses for what lies beyond. Participants will be drawn forward and pressed backward by using a combination of smooth and franetic surges of light and sound. The audiovisual score will be designed to softly invite visitors into the space and at its peak, test their perceptual thresholds. Following the crescendo, the visitors are propelled forward into their next metaphysical mindblower.The Dome is also set to return this summer with FLATLAND: A Romance of Many Dimensions, a story with three acts–TIMELAND, MINDLAND and VOIDLAND–adapted and directed by META founder and CEO Justin Bolognino with a musical score by Panorama artist St. Vincent. Timeland is art directed by Dev Harlan, Mindland co-directed by Sougwen & Prism and Voidland art directed and produced by Kamil Nawratil and VOLVOXLABS respectively. The dome allows festivalgoers to experience 360-degree immersive theater and provides viewers with an unparalleled collective sensory experience.Panorama has also partnered with Bus.com to set up shuttles from convenient pick-up and drop-off locations in Hoboken, Downtown Brooklyn, and midtown Manhattan. Experienced and personable drivers are well-versed in the routes which will allow for hassle-free travel to Randall’s Island. One-way or round-trip shuttle are now on sale now. Seats start at $12.00.Whichever thread may be pulling you toward Randall’s Island on July 27th through 29th, you’d be wise to trust the instinct. Whether it’s the star-studded music lineup, the community of people seeking a New York adventure, or the mind-blowing experiential technology, Panorama has something for all of the Big Apple’s adventure-seekers. Grab your tickets here, and take a big bite. You won’t be sorry.last_img read more

Three students in 3 countries share in the ‘Postcards From Here’ series

first_img Teaching by podcast; a taste of campus life; lessons from the South Pole; virtual voice lessons This is part of a series called Postcards From Here, in which Harvard undergraduates talk about the changes brought on by the coronavirus pandemic.Jaidyn Probst ’23Hometown: Redwood Falls, Minn.Concentration: Cognitive Neuroscience and Evolutionary PsychologyHouse: MatherThe sounds of the city“I miss the atmosphere of campus a lot. I am from a small rural area in Minnesota and always liked the atmosphere of a bigger city. In my first year, I lived in Canaday, so I heard the fire station all the time, and at first it was odd coming back home and sleeping without the constant sirens. Obviously, I miss my roommates and friends the most, and not being able to schedule a last-minute breakfast at Berg or walk to classes together.”Taking care of community“Luckily, my parents were able to stay employed this whole time as my mom is a teacher and my dad works for the county highway department. Around the time we were sent home from campus, my grandparents were in Arizona for the winter, which caused a moment of panic, but they were able to get home safely and have been healthy since. There is a concern surrounding their health, as well as the health of elders in my community in general, because there are definitely people not taking this pandemic seriously. I am from the Lower Sioux Indian community, so collectively we are worried about our members becoming sick because the coronavirus is disproportionately affecting minorities.”Staying connected“My closest friends and I talk every day but I keep in touch with the rest of my friends relatively often as well. I have been having lots of video calls and Netflix party sessions with two of my best friends. We created a group playlist on Spotify and a group Pinterest board as a way to look forward to activities after the pandemic has subsided.”A calm mind and body“I have been baking a lot and practicing yoga, and have been trying to read books for enjoyment rather than part of a curriculum. I am a member of the Minnesota Young Women’s Cabinet and the National Young Women’s Advisory Council, both remote jobs that keep me busy for a few hours a month, and I am taking two summer courses: ‘Abnormal Psychology’ and ‘Sociology of Law.’ I have also been spending time at the lake and being with family on the weekends.”Enjoying the outdoors“The most visible sign of change I have noticed is the mask-wearing and the distance people are keeping in the grocery store and public spaces. I also have noticed that people are getting outside way more often and walking their pets or riding bikes and I enjoy seeing people out.” Maarten de Vries ’21Hometown: Elten, GermanyConcentration: StatisticsHouse: CurrierFriends, food, and FaceTime“I most miss the Currier dining hall and its lovely staff. It’s easy to take for granted when you’re at School, but it’s amazing to sit down and have a meal with your friends at any time. I call my roommate every week, and sometimes we do a group FaceTime with a couple of my blockmates. My girlfriend is also at Harvard, and we’ve been consistently calling every day, which helps a lot.”Home game winner“I’m fortunate that my parents are able to work from home. I have a sister who works as a fashion model, but that industry has grinded to a halt. My younger sister is 10 years old and now that her school has closed, I’ve gotten to play a lot of board games at home with her. I think she’s happy about it — it’s like a long vacation.”Humanity shines through“My most visible sign of change is my hair, which has grown long! All joking aside, schools, restaurants, and stores are all closed, although that has started to change now. Wearing a face mask in public has become mandatory, and lots of people continue to get tested for the virus. Interestingly, I live right on the border with the Netherlands, and the cheaper gas stations in Germany are full of Dutch cars despite all travel restrictions. On the positive side, people seem to understand the common humanity of this pandemic and are more willing to lend a helping hand, despite all the uncertainty and stress.” Related Some groups have retooled old school rituals, while others have created new ones Snapshots of the widespread Harvard community: A Zoom wedding; reunion in St. Croix; challenges of teaching ASL online; and a taste of Cuba Finding creative ways to maintain campus bonds remotely Notes from the new normal Scenes from the socially distant Luke Walker ’22Hometown: Port of Spain, Trinidad and TobagoConcentration: StatisticsHouse: CabotMissing Quad life“I happily got used to waking up in my spacious single every morning and looking out onto the Quad lawn. I miss being able to ride my bike to anywhere in Cambridge within minutes. I also frequented the gyms and libraries across campus regularly and it was there that I grounded my mental and physical wellness. I’m also a Harvard/Berklee dual degree student and I miss the abundance of performances that happened every day, the profound moments during ensemble rehearsals, and the private lessons I got from some of the best musicians in the world.“The delicious food that my mom cooks at home saves me from missing HUDS food too much but I do miss the dining halls and random encounters I would have across campus on my way to and from classes.”Maintaining mentorship over Zoom“Apart from meeting with my blockmates over Zoom every other week to play board games, I have weekly meetings with different friend groups from faith organizations on campus to encourage each other and stay connected.“Back on campus I volunteered at Big Brothers Big Sisters of Massachusetts Bay and I got to spend an hour each week with a young boy from Cambridge and be a ‘big brother.’ This has been such an edifying experience for me that when our time together was cut short after campus was vacated, I decided to set up weekly Zoom meetings with him to keep our mentoring relationship going.”Finding strength at home“Because of the outbreak, work has been slow for most of my family. My sister lost her job, my mom’s work completely stopped during the lockdown, and my aunt has been stressed about not getting enough work to support her family. This year my Granny turned 90 and her health and safety have constantly been at the back of our minds since the first case of COVID-19 appeared in Trinidad.“Anybody who has ever lived in or visited Trinidad knows that we are a very active and social people. Under normal circumstances, there are huge parties all year round, and the clubs, bars, and beaches are always full. All of this stopped shortly after we recorded our first case of COVID-19 and the prime minister put the country under lockdown. Since then, Trinidad has been quieter than ever and I never got used to that. Thankfully, our response to the virus has been remarkable and praised by many because we were able to evade the tragic effects that it has had on other countries.“The archbishop of Port of Spain really rose to the occasion and became a strong leader of our community when we needed him most. Amazingly, he was able to mobilize the church to take care of poor citizens at a scale that I had never seen before. I hope this concern for the least fortunate among us continues long after this virus is behind us.”Answering the call to help“I was lucky to get a job as a research assistant through the Franklin Delano Roosevelt Foundation over the summer, helping a Ph.D. candidate at HKS [Harvard Kennedy School] with his research into education policy in India. I really enjoy this job and it keeps me busy, but since being home, I’ve had a deep desire to volunteer my time to different projects that inspire me. I’ve edited videos for a local NGO that teaches values to young kids through storytelling, helped Guyanese students prepare for their national exams through the Caribbean Education Project, and volunteered at my church to help distribute food to people adversely affected by the coronavirus. I also took part in an online steelpan competition in which my quartet had to learn 10 songs in two weeks, and am keeping fit by training with my local judo club over Zoom and going on hikes with my brother and friends.” Dispatches from socially distancing students and faculty A remote ‘Doctor of Philosophy Dance Party,’ laughter yoga, crowd-sourced altruism, and tweet to remember Life at a distance Bits of the socially distanced lives of staff and faculty, from a LEGO model of the Music Building to Gov. Andrew Cuomo as Henry V to cereal for dinner — in the shower The Daily Gazette Sign up for daily emails to get the latest Harvard news.last_img read more

13 Wild Winter Adventures

first_imgWe are all explorers. In the spring we seek out the best trails; in the summer we look far and wide for the deepest, most refreshing swimming hole; in the fall, we climb mountains to find the best views. Now, winter is here, but that is no reason to pack that adventurous spirit in the attic with your Bermuda shorts and Tevas. Those same trails you trek in warmer months are still there, only now they are (hopefully) covered in snow, waiting to be rediscovered.In the South, the white stuff can be non-existent or overwhelming; big winter storms may be years or days apart. The waiting can be agonizing, but when the snow does fall, the land is muffled by a blank canvas waiting for your skis to smear the first broad stroke. This is the essence of backcountry skiing: freedom, self-reliance, self-expression. In the backcountry, things begin to fall into their natural place without being hemmed in by lifts and ropes. So grab your glide wax, point your tips down the fall line, and explore this guide to the best backcountry in the Blue Ridge.backcountry mapTENNESSEERoan Mountain HighlandsActivities – cross country skiing, downhill skiing, camping, snowshoeingRoan may be the most important cross-country and backcountry ski zone in the South, and the most popular. During Nordic skiing’s heyday in the South (late 1970s and 80s) a group calling themselves the High South Nordic Guide Service ran tours out of Tennessee’s Roan Mountain State Park to modest success. Kristian Jackson teaches Recreation Management at Appalachian State University and has been skiing Roan for years.“If snow conditions are good, [Roan] is as good as it gets anywhere: beautiful scenery, the snow is often really fine and powdery, and it gets really harsh snowy winter conditions with high winds and really cold temps,” Jackson says. “It can make for a really out-of-the-ordinary Southern experience. You can drive up there from the Piedmont and it’s like you went into Canada.”Jackson says he watches for storms coming out of the northwest that bring buckets of snow and wind atop the 6,000-foot peaks of the highlands. The lee side slopes load up with windblown snow, creating pocket zones deep enough for face shots. Roan is such a big area, though, that there is ample opportunity to get off the beaten path and explore its bald ridges.“The great thing about Roan is that it is such a vast mountain, you can get off the beaten track really easily and get into some very remote settings,” Jackson says. “There are some open fields and some bowl-like areas where you can get a bunch of turns in.”When the snow is good and the massif is hopping with skiers and snowshoers, Roan may remind you more of Colorado than Tennessee or North Carolina.AccessFrom the Tennessee side of the mountain, Carver’s Gap on Route 143 is the best and easiest access point. From the parking lot at 5,700 feet, head west on the road to the summit. The roads themselves make a great cross country ski tour to the observation tower at Roan High Bluff, or hop on the Appalachian Trail and make it a loop. Be sure to stop off at the Roan High Knob Shelter, the highest shelter on the A.T. that sits just below the summit of Roan High Knob.From the North Carolina side, access the area from the end of Roaring Creek Road west of Carver’s Gap. The approach is steeper, but more angled terrain means more opportunity for downhill skiing. Get on the Overmountain Victory Trail and take it to where it crosses the A.T. at the huge Overmountain Shelter, a great place to overnight or set up base camp for tours in the area.Great Smoky Mountains National ParkActivities – cross country skiing, camping, snowshoeingWhen the seasons change and the crowds thin out, Great Smoky Mountains National Park can become an afterthought to the general public. This would be a mistake, says Randy Johnson, author of several hiking guide books, including the seminal read on backcountry snowsports below the Mason Dixon, Southern Snow: The Winter Guide to Dixie.“The high crest of the Smokies, because it is so high, can really surprise you with the amount of repeated dumps at high elevation,” he says. “The hit on the Great Smokies is no one really knows about it. Even though the Smokies are more southerly, they are so lofty as a ridge crest, they create their own weather and often times have a microclimate of amazingly deep snow up there. In a good winter, when Roan is skiable and Mitchell is skiable, the Smokies can have six-foot drifts up there.”Johnson says one of the aspects of GSMNP that gets overlooked is the winter access. The Tennessee Department of Transportation plows Newfound Gap Road, providing an easy approach to numerous trails along the way.“The Newfound Gap Road that crosses the Smokies is a public highway, they have to plow it,” Johnson explains. “It may be closed under significant snowfall, but it always re-opens. It is not difficult to go up the Newfound Gap Road and park and find awesome cross country or snowshoe conditions.”Johnson does warn that weather can move in fast on the high ridge of the Smokies, so snowshoes are a definite must-have.AccessThey don’t wait for the snow to close the Clingmans Dome Road to the iconic peak, so this is your best option for gradual cross country skiing. Pick up the road at Newfound Gap and follow it seven miles out and seven miles back. If you are feeling strong, the A.T. parallels the road and is a good loop option. Along the way is the Mount Collins shelter, roughly half way to the Dome. Numerous spur trails, like the half-mile Spruce-Fir Nature Trail are excellent options if the sun isn’t going down on you.[nextpage title=”Read on!”]NORTH CAROLINAMount MitchellActivities – cross country skiing, camping, snowshoeingMount Mitchell is not only North Carolina’s highest peak; it is also the highest east of the Mississippi, making it a great spot for winter play. Mitchell receives over 100 inches of snow a year, keeping the state park plows busy on the road to the summit. The mountain’s nearly 6,700-foot elevation can make for some epic weather conditions: the weather station recorded a record low of -34 degrees there in 1985 and 36 inches of snow fell in 24 hours there in 1992. State Park personnel are on staff there throughout the winter, so take comfort in that before heading out into the winter wild. The extreme weather and lack of long downhill opportunities may help thin out the crowds, according to Jackson.“There are several Blue Ridge Parkway routes, and then there is the Mount Mitchell Road itself,” he says.Although Mount Mitchell is mostly thought of as a cross country skiing or snowshoeing destination these days, there was talk at one time of making it a downhill ski resort. Though those plans never panned out, the mountain still boasts a good downhill run named Power Line off Route 128 heading to the Park Office. If portions of the upper peak are too windblown, head for lower elevation trails like Camp Alice or the lower sections of the Mount Mitchell Trail. If the snow is good, take the Black Mountain Crest Trail across the ridge to Mount Craig for a solid tour and great views.AccessThe state park works hard to keep Route 128 from the Blue Ridge Parkway to the summit parking lot plowed throughout the winter. If it is filled with snow, just strap on the skis and chug to the top. Once there, it is an easy snowshoe or skin up to the observation tower with 85-mile views of the Pisgah National Forest and Black Mountain Range.If you need more of an adventure, try skiing up the Mount Mitchell Trail off of the Old Mount Mitchell Trail road.Moses Cone State ParkActivities – cross country skiing, snowshoeing, downhill skiingJust off the Blue Ridge Parkway, Moses H. Cone Memorial Park is a gem of cross country and Nordic skiing. The area outside Blowing Rock contains some of the best backcountry ski escapes in western North Carolina, and Moses Cone is near the top of the list. The park was formed to preserve the 3,500-acre estate of Moses “the Denim King” Cone, a noted philanthropist, textile magnate, and conservationist. The jewel of the park is Flat Top Manor, a 13,000-foot, 20-room mansion, now the Parkway Craft Center. In the winter, however, the park’s draw lies in its 25 miles of carriage trails.“Moses Cone Park just has outstanding cross country and backcountry skiing,” says Jackson. “It’s very easily accessible from Boone and it’s very family friendly and beginner friendly. Experts can get in there and crank out miles and have a ton of fun too.”The carriage roads wind throughout the property, connecting the central mansion parking area with its gorgeous white pine forests. Adding to the mystique of the park is the whimsical Gifford Pinchot landscaping and two high elevation, man-made lakes. The views of Grandfather Mountain from Flat Top and Rich Mountain make this a must-do winter activity for any cross country skier.There are several opportunities for downhill skiing also, if you are willing to work for it. Along with the natural and carefully laid out man-made forests, the estate also offers steep glades and open meadows for a few hundred feet of vertical at a time. The area around Trout Lake is the best option.AccessThe entrance to Moses Cone is off the Blue Ridge Parkway at Milepost 294. You can also access it via a connector road of the Blowing Rock Highway, Route 221. The carriage trails lead from the manor. Take the trail past the Cone family cemetery and head for the tower on top of Flat Top or take the winding path to the top of Rich Mountain to the east.NC DreamlandPhoto by Kristian Jackson[nextpage title=”Read on!”]WEST VIRGINIADolly Sods WildernessActivities – cross country skiing, downhill skiing, camping, snowshoeingDuring the warmer stretches of the year, Canaan Valley is a must-visit destination for mountain bikers and hikers, but when the snow starts flying in West Virginia, people begin to flock to the area to get their winter jollies. The valley boasts two legitimate ski resorts, Canaan Valley Resort and Timberline Four Seasons Resort, and one of the best cross-country centers in the mid-Atlantic at White Grass Touring Center. For the casual skier, these are great options, but for the backcountry enthusiast, there is plenty more to see and do in Canaan.Just outside the resorts, but still inside Monongahela National Forest, lies the winter wonderland of Dolly Sods. The atmosphere and climate of the area are often referred to as similar to northern Canada, not a bad comparison when talking about backcountry skiing.  The wilderness area is over 10,000 acres of highland plateau ranging from 2,600 to over 4,000 feet elevation. The high-elevation climate means the Dolly Sods gets and holds natural lake effect snow all winter. The Dolly Sods also gets its fair share of wind, as evidenced by the pine trees with branches only growing on one side.  The high winds help distribute the snow, creating large pockets and shots with deep wind drifts perfect for powder turns.“The Dolly Sods, whenever it gets good, is probably one of the most exciting areas to ski,” said Chip Chase, owner of White Grass, and frequent Dolly Sods skier. “It has the most wilderness and sometimes is the most wind sculpted. It’s just vast; you can ski for a long time. A lot of times you can follow snow lines as opposed to trail lines, which is particularly fun.”The area holds everything a skier could ask for: rolling meadows, challenging glades, and steep canyons. Chase says there is something for everyone in the Dolly Sods, including those looking to add a little natural freeriding to their backcountry excursion.“There are little creek beds that drift over and you can do these little mini jumps,” he said. “Mini-terrain parks form in these little hollows. There are all sorts of little shots that are really easy to do. It’s never the same twice. There are still areas up there that have not ever been skied, that are still waiting to be discovered.”AccessThe easiest access to the Sods are the free parking lots at the base of White Grass Touring Center. Follow Forest Road 80 as far as you can, then hop on your skis or snowshoes to access the trailhead where the Breathed Mountain, Blackbird Knob, and Stonecoal Trails come together. The Breathed Mountain Trail is a good one to get oriented on.Alternately, you can access from the east via Jordan Run and Route 19. Taking the Fisher Spring Trail will connect you to the Red Creek Trail and the Red Spruce forests of the Southern portion of the Dolly Sods.Spruce Knob (Seneca Rocks National Recreation Area)Activities – cross country skiing, downhill skiing, camping, snowshoeingJust southeast of Canaan Valley is the Seneca Rocks, part of Spruce Knob National Recreation Area. This region in eastern West Virginia is a nationally renowned climbing area, and it boasts the highest peak in the state. The mountains surrounding Spruce Knob receive the same lake-effect snow as Canaan Valley and sit slightly higher, holding snow longer. The recreation area inside Monongahela National Forest holds endless miles of backcountry trails for cross country skiers to enjoy. The road to the summit and the Whispering Spruce Trail near the observation tower are mellow, but scenic options. Linking up the Huckleberry and Lumberjack Trails with the summit road is a great multi-day option also.The cross country skiing is great, but the area also holds epic downhill options as well. The Sinks of Gandy and Pharis Knob are both privately owned mountains that get choked with snow and offer over 1,000 feet of vertical. Places like Bickle Knob and Cheat Mountain are also in the area, but the local’s favorite is Mount Porte Crayon. Porte Crayon has been at the center of ski resort rumors for years, but for now, if you want to ski it, you’ll have to earn your turns. This 4,770-foot peak is one of the snowiest in the Roaring Plains, and stands a couple hundred feet above the mountains of nearby Canaan Valley.North-facing aspects help trap windblown snow in sweeping bowls. With over 2,000 feet of vertical, Porte Crayon contains some of the longest backcountry runs in the South if the snow is good.AccessIf Forest Road 112 and Forest Road 104 to the summit of Spruce Knob are not passable, then you will have to tour up to the summit along the road. Getting to Mount Porte Crayon is more difficult. It is one of the most remote peaks in West Virginia. The Roaring Plains Trail will get you near the summit, but from there, you are on your own. Head for the north side of the mountain for the best bowls and look for the open glades of red spruce.Winter adventure[nextpage title=”Read on!”]VIRGINIAGrayson Highlands/Mount RogersActivities – cross country skiing, downhill skiing, camping, snowshoeingMountain recreation in southwest Virginia is dominated by the highest peak in the state and its surrounding public lands, the Mount Rogers National Recreation Area and Grayson Highlands State Park, both of which lie inside Jefferson National Forest. At over 5,700 feet, Mount Rogers is tall enough to receive about six feet of snow a year. Not only that, but the micro-climate at its summit is cold enough that the snow sticks around. Mount Rogers is also home to rare Southern Appalachian spruce-fir forests, a visual treat during the winter months.“The Grayson Highlands area is awesome,” says Johnson. “I’ve done some of my best ski mountaineering, Nordic skiing, and snowshoeing up there. The southern division of the National Ski Patrol used to have their winter mountaineering course on Mount Rogers.”The true wintery conditions that exist atop Mount Rogers make it a classic backcountry camping destination. While you may have to seek out downhill turns, the vast open meadows are perfect for exploring via cross country skis or snowshoes. With 200,000 acres and 500 miles of trails to explore, there is no shortage of space to spread out.“The Mount Rogers area of Virginia has classic cross country routes,” said Jackson. “It’s not quite as classic for getting in turns, but the winter ski camping in there is superb. It’s almost expedition kind of skiing. It’s such a vast place, a lot of it is really open, you can just explore and go wherever you want up there in the winter.”Those seeking more adventurous downhill turns should check out nearby Whitetop Mountain. Its open summit is the second highest in the state. For something more mellow, the Virginia Creeper Trail drops 2,000 feet over 17 miles for an easy stride and glide excursion if there is enough snow.AccessJackson says the best and most reliable access is at Elk Garden on Whitetop Road between Whitetop and Mount Rogers. A nice long uphill ski on the Virginia Highlands Trail will hook you up with the A.T. and the summit spur.Another option is from the Grayson Highlands side, although Jackson says this route is a little trickier. Try the rugged Rhododendron Trail near the parking area for a short loop. A steep uphill climb from the car via the A.T. will get you high up on the mountain. There are several shelters along the trail, but this area is open, windy, and cold. Jackson suggests you be “on your game” if planning a backcountry camping trip in this relatively remote alpine area.Mountain LakeActivities – cross country skiing, downhill skiing, camping, snowshoeingYou may be filled with nostalgia when you approach Mountain Lake outside of Blacksburg, Virginia: this historic resort hotel was the main setting for the 1987 hit Dirty Dancing. Although that movie was centered on provocative boogying and summer romance, the property continues to be an outdoor recreation destination during all seasons. The property itself boasts over 22 miles of trail on its 2,600 acres, perfectly suited for cross country skiing. Plus, the trails are all over 4,000 feet above sea level, a surprising fact for the area around Blacksburg, and a crucial element of the movie, which was presented as being a resort in the Catskills of New York. Be sure to take a jaunt to the bald summit of Salt Pond Mountain.Look beyond the Hollywood glitz and glam of Patrick Swayze and Jennifer Grey’s old stomping grounds and you’ll realize this is only a part of what makes Mountain Lake special. Adjacent to the resort property is the Mountain Lake Wilderness, the largest wilderness area in George Washington Jefferson National Forest at 16,511 acres, almost twice as much as any other. It sits atop the same highland plateau as the resort property, making it an easily accessible ski destination for Blacksburg and Roanoke farther to the east.“It’s a federally designated wilderness area,” says Johnson. “It’s pretty high up and if you leave the lower elevations of the Shenandoah Valley around Blacksburg, that’s a good nearby cross country ski site.”The wilderness may be rugged, but the good news is the resort is right around the corner if you get too cold or worn out.AccessThe Mountain Lake resort property can be accessed by Mountain Lake Road off of Route 460 heading west out of Blacksburg. The wilderness area can be accessed via the Appalachian Trail out of the south via Route 632/Hutchison Road just west of Captain, Va. About five miles of the A.T. traverses the wilderness, crossing numerous ridge tops with great views.[nextpage title=”Read on!”]MARYLAND / PENNSYLVANIANew Germany State Park, Md.Activities – cross country skiing, downhill skiing, camping, snowshoeingStretch all the way out into the westernmost part of Maryland’s panhandle and you’re basically in the Alleghenies. Although the area does not receive quite as much snow as Canaan, it does get enough for the occasional ski outing and New Germany State Park is just the place for it.The 455-acre park has been around since the 1930s, but is still considered a “hidden gem” of the area. In fact, New Germany was once the home of two ski slopes and a rope tow built by two foresters in 1940. The slopes were a hit with the locals…until they built a road across them. Today, the park is home to 10 miles of cross country ski trails that are tracked and groomed by park staff. The park also has a dedicated sledding hill and warming hut. Since this is not the most remote backcountry ski destination, you can also rent Civilian Conservation Corps cabins all winter long.Surrounding New Germany is the greater Savage River State Forest. This area is chock full of additional trails for cross country and the occasional open glade and meadow to get some turns in.AccessTake New Germany Road south off of Interstate 68 to park headquarters.Ohiopyle State Park, Pa.Activities – cross country skiing, sleddingThis state park in southwestern Pennsylvania is a summer adventure paradise. The mighty Youghiogheny River and its world-class whitewater flow through the heart of the park and the stacked looped trail systems hold over 80 miles of multi-use trails. Ohiopyle’s high elevation and family friendly atmosphere make it a great destination for winter activities also. Along with the existing 40 miles of multi-use trails suitable for Nordic skiing, the park has a designated cross country ski area featuring the Sproul Trail and Kentuck Trail. There is also a sledding hill at the Sugarloaf Snowmobile and Mountain Bike Area.If you want to get off the beaten path, wait for a good snowfall, then hop on the Great Allegheny Passage as it follows the river through the park. This 141-mile rail trail provides level grade biking in the summer and cross country in the winter spanning Cumberland, Md. and Pittsburg, Penn. The Great Allegheny Passage hooks up with the Kentuck Trail in the northern part of the park.AccessOut of Confluence, Penn. head west on Sugar Loaf Road to the park entrance.Winter CampingHaving the right gear is essential if there is a chance for low temps and snow during your travels in the backcountry.WINTER TENT //Make sure you can guy out to buffer against the wind and blowing snow.HEAVY SLEEPING BAG //That 40-degree summer bag is not going to cut it when it’s 10 degrees and snowing on the ridgetop, so invest in something in the 0-degree range. Jackson also suggests doubling up on sleeping pads to protect against the cold.CLOTHING //Make sure you have technical base layers for wicking sweat during the trek in, an accessible shell for the way down, and a down jacket for the campsite. Multiple hats, gloves, and goggles can also make or break your trip.ENTERTAINMENT //The sun goes down early in the winter, so make sure you have a lantern and a way to entertain yourself, be it whiskey or a deck of cards (or both).PRO TIP //a small toboggan style sled makes a great tow-behind trailer for all your camping gear.Backcountry OptionsIf you are heading out into the backcountry, here are your options for travel.BOOTS //Waterproof boots are fine for a light hike in a flurry.SNOWSHOES //  When the snow gets deep, snowshoes are essential to staying on top of the powder. Trust the experts: Inuit have been using snowshoes for centuries.CROSS COUNTRY // Skinny skis, whether they are waxed or scaled on the bottom, will get you where you need to go on most trails. With long poles and a stride and glide method, you can shoot across flat land and climb switchbacks with surprising ease. The technique can be difficult to master, so make sure you get some practice before getting to far from the car.TELEMARK //  The free heel of the telemark set-up allows for the same uphill capabilities of a cross country rig if you have skins. A fatter ski helps you stay on top of deep powder and provides much better control when heading downhill.ALPINE TOURING //  Bindings such as Fritches fit regular ski boots and perform when locked in place, but they can be modified by releasing the rear portion for uphill touring. Dynafit bindings have a pin mechanism and work essentially the same way, but with a softer, more mountaineering-oriented boot.[nextpage title=”Read on!”]Secret StashesELK KNOB STATE PARK, N.C.Elk Knob has been on Tarheel backcountry skiers’ radar for years, but only since it became North Carolina’s newest state park in 2004 has it been totally legal. Unlike other state parks, the area not only allows skiing, but encourages it. The summit is accessed via a two-mile trail, but the open meadows and glades on the mountain’s steep eastern slope are the real attraction. When the blizzard hits, trade in the skinny skis for the fat daddies and find your line.LINN COVE VIADUCT, BLUE RIDGE PARKWAYIf the snow is deep, there is no better place to cross country ski than the Blue Ridge Parkway between Linville and Blowing Rock. This section around Grandfather Mountain has some of the most scenic views on the parkway, and is mostly closed during the winter. It also features the Linn Cove Viaduct, the premier segment to ski if you can catch it right. Because it is so exposed, the viaduct is often windblown, but the views are some of the best in the area.MAX PATCH, N.C.This Southern Appalachian Bald is accessible enough to make for easy turns and steep enough to have a blast. With the grassy ridge free of debris, the only thing you’ll have to worry about is colliding with all the kids on sleds. Get there after a big snow, or when the weather is less than optimal, and you should have enough room to really lay down some arcs.last_img read more

Comfort’s Second Stopover in Colombia Brings Joy and Relief

first_imgBy Carolina González, for Diálogo December 04, 2018 Communities of La Guajira department in northern Colombia benefited from U.S. Southern Command- (SOUTHCOM) sponsored humanitarian mission Enduring Promise 2018, aimed at regional partner nations. On its second stopover in Colombia, the mission provided specialized medical attention to Colombian citizens and Venezuelan migrants who live in the region that borders Venezuela. With two scheduled stopovers in the country, Enduring Promise 2018 is the United States’ largest humanitarian mission in Colombia. The first was in Turbo, Antioquia, in the Gulf of Urabá, where in one week, the Comfort’s crew assisted 5,450 patients and performed 131 surgeries aboard the ship. The second stop, in Riohacha, benefited 4,943 people with medical care, while 116 patients underwent surgery aboard. In total, more than 10,000 people received medical care over two weeks in Colombia. Both locations were chosen for the high amount of patients in need of medical assistance. One example is Rubileth and her daughter Emily, age 3, who made it to Riohacha from Maracaibo, Venezuela, in August 2018, fleeing their country’s difficult situation. Emily had a lipoma—a fatty lump—in her right eye. Although the condition only requires minor surgery, she couldn’t receive medical assistance in her country. “We went to many hospitals for help, but there were no ophthalmologists available. When I heard that the Comfort was coming, I said: ‘That’s it!’ I’m happy now that someone finally cares about us,” said Rubileth, who sells candy in Riohacha to subsist. A similar story is that of Herminda Basista, age 86, who belongs to the Wayuú indigenous community, in the north of La Guajira. Basista hadn’t seen an ophthalmologist in two years, because there is no such specialty in her community. “I’m very thankful for this mission, not only for the medical examinations, but also for the new pair of glasses I received,” said Basista. “The help is good, because now with so many people coming from Venezuela there are more needs than usual. So we thank the Comfort for all the help.” Mission success relies on coordination and organization between U.S. and local authorities, and the 2018 mission is no exception. The local governments of Antioquia and La Guajira handled the coordination and had the support of the Colombian Navy and Army. In Riohacha, the Colombian Army’s Comprehensive Action and Development Support Command (CAAID, in Spanish) conducted interagency coordination to organize mission security. CAAID also coordinated civil affairs activities, such as repairs in schools and help for the population. The mission in Riohacha also kicked off construction of two classrooms in surrounding municipalities, as part of SOUTHCOM’s Humanitarian Assistance Program. Both schools that served as medical sites during the medical assistance week were also refurbished. In addition, the Comfort team donated 600 school desks and distributed more than 1,000 school kits to students in the region. As part of the partnerships with regional countries, military medical specialists from partner nations, such as Argentina, Chile, and the United Kingdom, actively participated in the campaign. “This experience has been invaluable, because I was able to serve people from this locality during the Comfort’s voyage,” said Chilean Navy First Lieutenant Valentina Martinez, an officer specializing in dental care. “It’s really good for us to take part in these activities to exchange experiences among different navies and combine efforts with one purpose.” U.S. Navy Admiral Craig S. Faller, newly appointed commander of SOUTHCOM, attended the closing ceremony of Enduring Promise 2018 in Colombia in his first visit to the region as commander. “The Comfort is a visible reminder that the United States will always be here for our friends in Latin America and the Caribbean, and for Colombia as a partner,” said Adm. Faller. “For decades, the United States has stood with Colombia in the fight for peace. Now, almost two years after signing the historic peace accord with FARC [Revolutionary Armed Forces of Colombia], we still stand with them, side by side.” Adm. Faller concluded his speech with a message to all partner nations in the region. “The Comfort’s mission is a symbol of our enduring promise of friendship, camaraderie, and solidarity with the Americas. We honor our promise for one single reason: This is our shared home, our neighborhood, and good neighbors take care of one another.” The Colombian military leadership also attended the mission’s closing ceremony. “In the name of our government and the Military Forces of Colombia, I’d like to thank the U.S. Embassy in Colombia and U.S. Southern Command for facilitating this humanitarian mission, which, with our help, allows us to get us closer to the community,” said Colombian Army General Alberto José Mejía, commander of the Colombian Military Forces. “These activities strengthen bonds between both nations.” Enduring Promise 2018 continues to Honduras, the last country the Comfort will visit before returning to the United States. The ship will offer medical assistance in Puerto Castilla.last_img read more

Notices: Proposed ethics advisory opinion

first_img Proposed ethics advisory opinion T he Professional Ethics Committee has issued the proposed advisory opinion reprinted below. Pursuant to Rule 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the proposed opinion. Comments must contain the proposed advisory opinion number and clearly state the issues for the committee to consider. A written argument may be included explaining why the Florida Bar member believes the committee’s opinion is either correct or incorrect and may contain citations to relevant authorities. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300, and must be postmarked no later than 30 days from the date of this publication. PROPOSED ADVISORY OPINION 02-2 A member of The Florida Bar has requested an advisory ethics opinion. The operative facts as presented in the inquiring attorney’s letter and telephone call to the ethics hotline are as follows. The inquiring attorney represents a husband and wife. The wife was injured in an accident. The husband has a loss of consortium claim. The wife’s claim may have a value of $900,000 and the husband’s derivative claim may have a value of $350,000. The inquiring attorney asks how to figure the contingency fee if the claims settle for the above amounts. Specifically, the inquirer asks:1. Do both amounts have to be added together for purposes of determining the attorney’s fees (i.e. 40 percent of first $1,000,000 recovered and 30 percent or the next $250,000)?2. If wife signed a standard fee agreement and husband signed a separate fee agreement, can the recoveries be kept separate (i.e. not added together) and an attorney’s fee of 40 percent charged on each recovery (e.g. 40 percent of $900,000 and 40 percent of $350,000)?Rule 4-1.5(f)(4), Rules Regulating The Florida Bar, states, in relevant part: (B) The contract for representation of a client in a matter set forth in subdivision (f)(4) may provide for a contingent fee arrangement as agreed upon by the client and the lawyer, except as limited by the following provisions:(i) Without prior court approval as specified below, any contingent fee that exceeds the following standards shall be presumed, unless rebutted, to be clearly excessive:a. Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action:1. 33-1/3 percent of any recovery up to $1 million; plus2. 30 percent of any portion of the recovery between $1 million and $2 million; plus3. 20 percent of any portion of the recovery exceeding $2 million.b. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment.1. 40 percent of any recovery up to $1 million; plus2. 30 percent of any portion of the recovery between $1 million and $2 million; plus3. 20 percent of any portion of the recovery exceeding $2 million,c. If all defendants admit liability at the time of filing their answers and request a trial only on damages:1. 33-1/3 percent of any recovery up to $1 million; plus2. 20 percent of any portion of the recovery between $1 million and $2 million; plus3. 15 percent of any portion of the recovery exceeding $2 million.The issue presented by the instant inquiry appears to be whether the plaintiffs in a personal injury case, one of whose claim is derivative of the other’s claim, should be treated individually or as one unit for the purpose of applying the contingent fee schedule of Rule 4-1.5(f)(4)(B). Other than the language of the rule itself, there is little, if any, authority for answering the question raised by this inquiry. In answer to the inquiring attorney’s first question, where both the wife and husband are on the same contract, the inquiring attorney must add the amounts together in order to determine the fee. The attorney should not treat their claims separately for purposes of determining the fee. In other words, the schedule must be applied to the grand total of the settlement. For instance, if an answer has been filed or the time for an answer has expired, the inquiring attorney may receive 40 percent of the first $1,000,000 and 30 percent of the remaining $250,000.Addressing the inquiring attorney’s second question, if the inquiring attorney has separate contracts with each client, the prudent course of action would be to treat the recoveries together rather than separately. In other words, if an answer has been filed or the time for an answer has expired, the inquiring attorney may receive 40 percent of the first $1,000,000 and 30 percent of the remaining $250,000. The recoveries should be treated in the aggregate because the husband’s claim is derivative of the wife’s claim and the work done for each client is essentially the same. Treating the fees as separate recoveries under these circumstances would likely result in an excessive fee under Rules 4-1.5(a) and Rule 4-1.5(f)(4)(B). Further, in a somewhat similar situation, The Florida Bar’s Lawyer Regulation department has taken the position in the past that when an attorney is representing a plaintiff where there are multiple defendants the lawyer must treat the settlements as a single settlement for purposes of the contingency fee schedule.If the clients are unable to obtain an attorney because of the contingent fee schedule, Rule 4-1.5(f)(4)(B)(ii) sets forth procedures by which the clients may file a petition with the appropriate court to seek approval of a higher amount of attorney’s fees “before suit or simultaneously with the filing of a complaint.” April 15, 2002 Regular News Notices: Proposed ethics advisory opinionlast_img read more