FLABOTA Bylaws
Bylaws of the Florida Chapters of the American Board of Trial Advocates
Bylaw I. Name
The name of this organization shall be the Florida Chapters of the American Board of Trial Advocates (FLABOTA).
Bylaw II. General and Specific Purposes
Section 1. General Purposes
The general purposes of this organization shall be to foster improvement in the ethical and technical standards of practice in the field of trial advocacy to the end that individual litigants may receive more effective representation and the general public is benefited by more efficient administration of justice consistent with time-tested and traditional principles of litigation.
Section 2. Specific Purposes
The specific purposes of this organization are:
- To elevate the standards of integrity, honor and courtesy in the legal profession;
- To aid in further education and training of trial lawyers; to work for the preservation of our jury system; to improve methods of procedure of our present trial court system; to serve as an informational center; to discuss and study matters of interest to trial lawyers; to advance the skill of its members as trial attorneys; to honor the members of the organization who have the requisite qualifications; to provide a forum for the expression of interests common to trial lawyers and to act as an agency through which trial lawyers in general, and members of the organization in particular, shall have a voice with which to speak concerning matters of common and general interest;
- To establish relations and cooperate with other legal organizations and associations for the purposes of promoting the efficient administration of justice and constant improvement of the law;
- To cultivate a spirit of loyalty, fellowship and professionalism among our members; to advance the interests of the members of the organization professionally and to enable trial lawyers as a group to have an active organization of standing in the community and nation through which they may learn and be heard.
Section 3. Limitations
All actions of the organization shall comply with all provisions of the ABOTA National Constitution and Bylaws. Neither this organization nor the chapters of ABOTA in Florida shall take public positions inconsistent with the published Resolutions of ABOTA National.
Bylaw III. Membership
Any trial lawyer who is of high personal character and honorable reputation, and who is a member of The Florida Bar in good standing, and who has met the membership qualifications as prescribed in Article III of the ABOTA Constitution and the membership requirements as prescribed in Bylaw V of the ABOTA Bylaws, may be a member of this organization. All members must remain ABOTA members in good standing, and shall comply with all provisions of the ABOTA Constitution and Bylaws. Any member whose membership is terminated for cause shall cease to be a member of this organization.
Bylaw IV. Board of Directors and Officers
Section 1. Officers
This organization shall have a President, President-Elect and a Treasurer. The Treasurer shall be elected by the Board of Directors in the Spring of each year to begin a one-year term on August 1 of the same calendar year, and shall advance in successive one-year terms to the office of President-elect, and then President. The Nominating Committee constituted pursuant to Bylaw VI, Section 1(8) shall submit nominations for the office of Treasurer as specified therein. Additional nominations for Treasurer may be submitted by any six members of the board, three of whom must be past presidents qualified to serve on the Nominating Committee pursuant to Bylaw VI, Section 1(8), and three of whom must be current Board members, by each submitting correspondence or email to the President indicating their concurrence in the nomination of the same person. The communication(s) making an alternative nomination must be received by the President ten (10) calendars days before the Board meeting at which elections will be held. The President shall advise the Board by email of the alternative nomination five (5) days in advance of the election. The Treasurer shall be elected by a majority vote of the Board.
Section 2. Powers and Duties of Officers
It shall be the duty of the President, or in his/her absence the President-elect, to preside at all meetings of the organization; to see that the bylaws are enforced; to appoint the chairs and members of all committees, with the advice and consent of the Board of Directors; and to call the meetings of the board. The President or his/her designee shall keep a complete record of all meetings and correspondence of the organization; shall send notices of meetings to members of the organization as may be required; shall keep a roll of the members of the organization; and shall perform all other duties usually pertaining to the offices of a President and a Secretary.
Section 3. Board of Directors
This organization shall have a Board of Directors comprised of the President, President-elect and Treasurer, the President and immediate past president of each ABOTA chapter in Florida, and one additional Representative from each ABOTA chapter in Florida selected by that chapter. In the event that a chapter has not notified the FLABOTA President of its additional representative to the FLABOTA Board on or before November 1st of each year, it shall be presumed that the chapter's president-elect, or the officer next in line to assume the chapter's presidency, is the additional representative. In addition, each Past President of FLABOTA shall be ex officio members of the Board of Directors with the voting rights and duties as provided in Bylaw IV, Section 5. All terms will be for one year.
Section 4. Powers and Duties of Board of Directors
The Board of Directors, subject to the limitations of these bylaws, and of the general laws of the jurisdiction, shall have the powers and duties necessary or appropriate for the administration of the business and affairs of the organization. Expressly, the Board shall have the following powers: to make rules and regulations for the government of the members and officers, and for the management of the affairs of the organization; to incur indebtedness when necessary for legitimate functions of the organization, including the employment of temporary or permanent personnel to perform such ministerial or advisory functions in aid of any officer of this organization; and to set the amount of the state assessment for all members, to be collected by ABOTA National, for the purpose of paying expenses, conducting business, paying debts or carrying out the purposes of the organization.
Section 5. Voting Rights and Proxies
- The President, President-Elect and Treasurer in attendance at any meeting shall each have one vote on all matters submitted to a vote. Dual service as the representative for any ABOTA chapter in Florida does not provide any officer or board member with an additional vote to cast in any matter.
- The President, immediate past president and the Representative from each ABOTA chapter in Florida, in attendance at any meeting, shall each have one vote on all matters.
- Each Past President of FLABOTA in attendance at any meeting shall have one vote on all matters.
- Proxies. Except for past presidents of FLABOTA any member of the Board of Directors may give a proxy for his/her vote to a member of the same chapter who is not a board member, provided advance notice is given to the President or his/her designee and the proxy member is in attendance at the meeting for which the proxy is given.
Section 6. Vacancies and Absences
- Vacancies. Vacancies in the Board of Directors, with the exception of the Officers, shall be filled by the chapter with which the board member was affiliated at the time of his/her election. Said newly-elected member shall serve the unexpired term of the office. A vacancy in the office of any Officer shall be filled by a vote of the Board of Directors.
- Absences. Except for ex officio members, any member of the Board of Directors or any Officer who is absent from three (3) consecutive meetings, unless he/she shall present satisfactory excuses, shall be deemed to have resigned his/her office and shall cease to be a member of the Board of Directors or to be an officer. A former officer or board member may, however, be reinstated by a majority vote of the Board of Directors.
Bylaw V. Executive Committee
FLABOTA shall have an Executive Committee, comprised of the President, President-elect, Treasurer and Immediate Past President of FLABOTA. Subject to the limitations of these bylaws, and the general laws of Florida, the Executive Committee shall have the full power and authority of the Board of Directors, as necessary or appropriate for the administration of the business and affairs of this organization, between meetings of its Board of Directors. Minutes shall be made of all actions of the Executive Committee and provided to members of the Board of Directors as soon as practicable for ratification at the next regular meeting of the Board of Directors. The Executive Committee shall have the power to make expenditures or to incur indebtedness on behalf of the organization.
Bylaw VI. Committees
Section 1. Standing Committees
All standing committee chairs and members shall be appointed by the President, with the advice and consent of the Board of Directors, unless otherwise provided herein. The Standing Committees shall consist of:
The Budget/Long Range Planning Committee, which shall be concerned with proposing a budget for the organization, and looking to the future and setting goals for 5, 10 and 15 years.
The Chapter Relations and Revitalization Committee, which shall be responsible for maintaining regular contact with all ABOTA chapters in Florida to monitor their activities, giving specific attention to smaller and less active chapters, and making specific suggestions for improvement in chapter operations and activities. If appropriate, the committee may recommend new chapter locations. The committee may also identify local chapter activities and projects for chapters to consider implementing.
The Committee to Preserve Florida's Courts, which shall be responsible for furthering the independence, fairness, impartiality, and operation of the judiciary, including, but not limited to, assisting the judiciary with obtaining full funding for the trial court system in Florida. The committee shall also assist Florida ABOTA chapters in setting up programs and activities, such as promoting ABOTA's Juror Bill of Rights and its Protocol for Responding to Unjust Criticism of Judges, and shall promote supportive communication and interaction with the judiciary at all levels. The committee shall also serve as a liaison between FLABOTA and the FLABOTA Legislative and Educational Fund (FLEF), or its successors, and other organizations concerned with issues important to FLABOTA. The committee may from time to time advise the Executive Committee or Board of matters or developments affecting the judiciary that may merit FLABOTA's attention.
The Bar Liaison Committee, which shall be responsible for facilitating FLABOTA's relationship with other bar associations and organizations, and monitoring their activities, in an effort to identify issues and projects in which this organization might consider participating.
The Membership Committee, which shall be responsible for assisting Florida ABOTA chapters in attracting new members, establishing uniform criteria for accepting local chapter nominations for membership, and promoting diversity in membership as an ongoing priority.
The Awards Committee, which shall oversee the nomination of individuals for Trial Lawyer of the Year and Jurist of the Year, and shall make recommendations for other awards as appropriate, such as the Fran Peacock Coker Community Service Award and the Joseph P. Milton Professionalism and Civility Award. Unless otherwise appointed by the President on or before December 1st of each calendar year, the Awards Committee shall consist of the Nominating Committee. The Awards Committee shall render its report to the President and Executive Committee on or before April 10th of each year, or not later than ten (10) days before the meeting at which awards will be voted upon, whichever is earlier.
The History Committee, which shall have the responsibility of archiving the history of FLABOTA through any and all materials, correspondence, minutes, videos and photographs available to guide and inspire. The committee should work to create and update a videotaped interview of all surviving founders and early leaders, and to develop a pictorial archive.
The Nominating Committee, the primary purpose and responsibility of which shall be to recruit nominees for FLABOTA leadership. The immediate past president of FLABOTA shall chair the committee, with the current president serving as vice chair. The committee shall consist of the Executive Committee and four past presidents of FLABOTA, two plaintiff and two defense, who shall have served within the past 10 years and who shall be active on the FLABOTA board as determined by participation in at least 50% of the preceding year's board meetings. The president shall appoint the nominating committee for each year within 90 days of taking office. Before the March meeting of each year, the Nominating Committee shall submit to the President a report containing a nomination for Treasurer, as well as, should it choose, a discussion of potential nominees for the following year. Before the May meeting of each year, with the advice and consent of the Executive Committee, the President shall, by correspondence or email, advise the Board of the committee's nomination.
The ABOTA Foundation Committee, the purpose of which shall be to support and promote the objectives, activities, and funding of the National ABOTA Foundation. The ABOTA Foundation Committee shall be composed of a chair appointed by majority vote of the Executive Committee for a two-year term commencing on August 1st of each even-numbered year. The committee shall consist of one representative from each chapter appointed by the chair, with the advise and consent of the Executive Committee. Members of the ABOTA Foundation Committee shall serve terms co-extensive with that of the chair. The chair shall make appointments to the ABOTA Foundation Committee within 45 days of taking office, and the Executive Committee shall advise and consent to the appointments within ten days of being notified thereof via email. Should the Executive Committee not object to an appointment within the allotted time, provided that the lack of objection to an appointment within 10 days shall be deemed to constitute advise and consent.
Section 2. Special Committees
The President shall have the authority to appoint such special committees as necessary, with the advice and consent of the Board of Directors.
Bylaw VII. Meetings of Organization; Notice; Quorum
Meetings. The organization shall hold an annual meeting at any convenient place selected by the President with the advice and consent of the Board of Directors. During such annual meeting, there shall be a general meeting of the membership of the organization. All members of FLABOTA shall be notified of the time and place of said meeting at least two months in advance.
In addition, the organization shall meet at such other times and places as selected by the President, with the advice and consent of the Board of Directors. Notice of the times and places shall be given in a timely manner.
Notice. Notice of the annual meeting and all other meetings of this organization shall be effected in any number of ways, including but not limited to communications made via electronic mail and posting on the FLABOTA website.
Quorum. At all meetings, a quorum shall consist of at least one representative from a majority of the existing ABOTA chapters in Florida, plus a majority of the officers, in person or by proxy where permitted.
Bylaw VIII. Awards Criteria, Guidelines and Selection Procedure
Criteria. The criteria for Trial Lawyer of the Year shall include excellence in advocacy, a distinguished career, a superb reputation of high ethics and fair play, recent outstanding results, service to ABOTA, and/or exemplification of its ideals. The criteria for Jurist of the Year shall include commitment to preserving and improving the jury trial system, knowledge of the law, judicial preparation, timely rulings, adherence to evenhanded administration of the rule of law, requiring professionalism from all lawyers, and maintenance of an open and/or accessible working relationship with the trial bar.
Guidelines - Nominations. Any or all of the criteria may be considered in arriving at a nominee's selection. A nominee should be a practicing trial lawyer or sitting judge at the time of selection. Each chapter should form a committee independent of its president to nominate persons for the award. Chapter nominations shall be transmitted to the President, the Chair of the Awards Committee and the Executive Committee on or before April 10th of each year, or not later than ten (10) days before the meeting at which awards shall be voted upon, whichever is earlier. Persons previously nominated can be nominated again. Each nomination must be submitted in writing to the President or his/her designee detailing the reasons why the chapter is nominating said individual. The nominee's curriculum vitae may also be provided. A chapter's nominee for trial lawyer or jurist of the year shall be deemed that particular chapter's trial lawyer or jurist of the year, and chapters may choose to recognize their nominees appropriately.
Selection. The selection shall be made by majority vote of the FLABOTA Board of Directors at a Spring meeting preceding the convention at which the awards are presented. Each member present may cast one vote per ballot, subject to the provisions of Bylaw IV, Section 5. Before the first ballot, a representative from each chapter may give a brief presentation for the chapter's nominee. Each person entitled to vote shall cast one ballot. The nominees receiving the two highest vote totals on the first ballot shall be voted upon in an additional ballot. If any nominee receives a majority of the votes cast on the additional ballot, that nominee shall be declared the winner. If no nominee receives a majority on the additional ballot, the nominees receiving the highest vote totals shall be voted upon on an additional ballot, with the nominee receiving a majority declared the winner. If the second balloting results in a tie between nominees, there shall be another additional ballot; if the tie persists, either among all nominees on the ballot or between those nominees receiving the second highest vote total, a majority of the Executive Committee present and voting shall break the tie and designate twp finalists, with the Board choosing the winner by majority vote on a final ballot. Before the last vote, the president may allow a brief presentation on behalf of each nominee. The membership of the FLABOTA Board, and each member thereof, shall maintain the voting process strictly confidential. The winning nominee shall be designated winner by acclamation. The same selection process shall apply to such other awards as FLABOTA may make from time to time.
Bylaw IX. Amendments
These bylaws may be amended by a majority of the Board of Directors in attendance at any meeting, provided notice of such proposed amendment has been given at least ten days prior to the meeting at which the amendments are presented for consideration.
RATIFIED and ADOPTED as amended by vote of the Board of Directors of the Florida Chapters of the American Board of Trial Advocates on July 19, 2014.
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