Orlando Federalists debate lawyer advertising Gary Blankenship Senior Editor Lawyer advertising is either contributing to the destruction of the legal profession, or just a smoke screen for age-old hostility toward the legal profession.Arguing June 30 at The Federalist Society Orlando Lawyers Division, Rep. David Simmons, R-Altamonte Springs, and Orlando attorney John Morgan made those conflicting cases. The society couldn’t have found two more divergent views.Last spring, Simmons, a lawyer, sponsored HB 1357, which banned lawyer advertisements that solicited potential clients to file a law suit. The bill passed the House 104-8, but wasn’t taken up in the Senate. Morgan founded the small law firm of Morgan, Colling & Gilbert in 1988 that has always heavily advertised and has grown to more than 130 lawyers and about 1,000 total employees in two cities and expects this year to spend about $10 million on advertising.The representative argued that some advertising leads to public mistrust of the profession and the legal system, wariness that is then reflected in legislation that limits the right to jury trials. Simmons noted the recent changes to the workers’ compensation system that restricts attorneys’ fees and said he’s heard talk of applying a similar system to personal injury or medical malpractice cases.“HB 1357 was a shot over the bow, a shot over the bow to The Florida Bar and attorneys. It was for the purpose of letting everybody know that unless The Florida Bar regulates its own and gets rid of bad advertising — which is literally destroying the concept that there is a judicial system that works with attorneys who are respected — then the legislature will,” Simmons said.In response to a question, Simmons said he thinks that shot has been heard and, for the moment, he does not intend to refile the bill next near. “I believe The Florida Bar is stepping up to the plate [with its Special Task Force on Advertising 2004, which is studying ad rules] and will take care of it,” he said. At the end of the spring session, Simmons had said he intended to refile the bill next year, with the expectation it would pass both chambers.Morgan argued that historically people have always had some hostility toward the legal profession — long before the advent of either personal injury attorneys or lawyer advertising.“If we want to delude ourselves and try to believe that the woes we face as lawyers are because of lawyer advertising, it is simply naive and irresponsible,” he said. “We are in a time where medical malpractice claims are down; claims paid are down; jury verdicts are down — since 1997, dramatically; but the insurance industry perpetuates a fraud, which is that there is an insurance crisis and doctors are leaving the state.”Since many other states are having an identical crisis in malpractice insurance rates, Morgan joked that it’s not clear where doctors who are supposedly fleeing Florida are going.He also said lawyer advertising is a First Amendment issue on which the profession should not compromise.“One day we are going to wake up. . . and say, ‘What have we done to ourselves? What have we done to our civil liberties? What did we fight all of these wars for?’ Morgan said. “As lawyers, you’d better think twice before you start whittling away and whittling away. Because one day you’re going to wake up and you’re going to be saying, ‘What was that all about, what did we do to ourselves?’”The two also disagreed about the impact of HB 1357, if it had passed. Simmons said the prohibition against solicitation — defined in the bill as urging, inciting, or encouraging another person to file a suit — would not prevent lawyers from saying “call me” in ads aimed at prospective clients. But Morgan said the very meaning of solicitation is an invitation to “call me.”One audience member asked Simmons how he could rationalize a law to control lawyer advertising with the conservative ideal of limited government.Simmons replied it is a matter of balancing rights, because bad lawyer advertising is damaging the justice system, especially the right to jury trials.“The purpose is to make sure that the fundamental right to a jury trial is not destroyed,” he said. “We are through a whole group of advertising — that is bad advertising — destroying the right to a jury trial.”But Morgan said it’s not certain that advertising is having that kind of negative impact. In response to a question, he agreed that his firm used to seek in court cases to keep the firm’s name off documents and evidence provided to the jury because of concerns about lawyer advertising being controversial. But he said in a recent case in Tampa, it was the defense that filed to keep the firm name off the records, fearing the Morgan, Colling & Gilbert advertisements and slogan — “For the People” — might prejudice the jury in favor of the plaintiffs. August 1, 2004 Senior Editor Regular News Orlando Federalists debate lawyer advertising
As a freshman, Noah Affolder stood on the center of the award podium. To his right stood sophomore teammate Aidan Tooker. The two had just placed first and second respectively in the 3000m Steeplechase at the 2018 ACC Outdoor Championships.But this wasn’t the first time the two have been at the top of the podium. Affolder and Tooker, former competitors in the New York high school ranks, have been attached to each other for years.Tooker committed to Syracuse as a high school senior, and helped recruit Affolder to the Orange to run alongside him. After taking the top-two spots at ACC Championships, the two both placed in the top-10 in NCAA championships in the steeplechase. Now a junior and sophomore, respectively, Tooker and Affolder look to lead SU after a disappointing cross-country season, in which the Orange failed to win the ACC title for the first time in five years.“I see him as an equal competitor,” Tooker said. “And we build off each other.”Three years ago, the two were both part of strong cross-country programs — Tooker represented Saratoga Springs, while Affolder represented Carthage. The two were consistently No. 1 and No. 2 in New York State meets, SU distance coach Brien Bell said.AdvertisementThis is placeholder textBut the two hardly knew each other, Tooker said. They exchanged words of encouragement before races and followed each other on Instagram, but never went out of their way to bond.But when Affolder, then a junior, was allowed one free ticket to a basketball game during his recruitment, he wanted to capitalize on the opportunity. So, he invited Tooker to the Carrier Dome. After the game, they went to Empire Brewing Company for burgers and talked with current runners about Affolder’s college decision.“Looking back on that, it’s pretty cool,” Tooker said. “That I can look back and remember us ordering burgers and just hanging out.”After the meet up, Affolder decided to join his now-friend Tooker at SU. In his first season, Affolder joined eventual 5000-meter indoor NCAA Champion Justyn Knight and learned from seniors like Philo Germano and Colin Bennie. But, he ran primarily with Tooker, then.In Affolder’s mind, he underwhelmed in his debut to indoor ACC Championships in 2018, where he was lapped by several runners. Affolder was then scratched from the rest of the weekend events after the performance.After Affolder’s inconsistency, the two made it an emphasis to train together for the outdoor season. As Tooker taught the then-freshman his skills in the steeplechase, the results followed.“He’s phenomenal at steeple,” Affolder said. “So I know if I stick right by his shoulder and battle out with him in practice every day when we do race each other, we will both elevate each other to be the best.”While there are no designated captains on SU’s squad, consistent with program tradition, certain runners are given more respect and authority based upon past performance, Tooker said.“It’s natural selection,” Bell said.Affolder and Tooker have been given plenty of respect with their top-finishes paving the way. Now, after Tooker helped Affolder get where he is, they want to spread that “one-up” mentality.“They know that when one is good, the other is going to be better,” Bell said. “It’s a sense of feeding off of each other.” Facebook Twitter Google+ Comments Published on January 22, 2019 at 10:50 pm Contact Tim: [email protected]
But it wasn’t always clear whether the Hockey Hall of Famer would even journey across the Atlantic to play on North American ice. A Moscow native, Zubov was a member of the vaunted Red Army prior to being drafted in the fifth round by the Rangers in 1990.2019 HHOF class: Carbonneau | Nedomansky | Wickenheiser | Rutherford | York | Brown | Hughson”I just think it’s much more commonplace now and they know that they’ll get the players,” Neil Smith, general manager of the New York Rangers from 1989 to 2000, told Sporting News. “It’s not a case of ‘if,’ it’s a case of ‘when.’ There was still an Iron Curtain when we drafted Sergei and Alex Kovalev and you’re taking a chance that you might never get the player.”Zubov had played 118 games with CSKA Moscow in Russia prior to being drafted by Smith. He would stay in Russia for another season (36 games), winning a gold medal at the 1992 Olympics with the Unified Team before finally deciding to head to the Big Apple.”He certainly had proven that he could play very, very well at that elite level in Russia so we knew the time was right to convert him over,” Smith said. “We thought he would be a good player when we drafted him and then watching him in tournaments and things the next few years, we knew that he was ready to play.”Boy, was he ever.Congratulations to #NYR Stanley Cup Champion and leading scorer in the 93-94 season, Sergei Zubov on your induction into the @HockeyHallFame ! #HHOF2019 pic.twitter.com/GV3fSglR9W— New York Rangers (@NYRangers) June 25, 2019John Davidson called Sergei Zubov today to tell him he was selected to the @HockeyHallFame …And in 1994, JD called this huge Zubov goal for the @NYRangers in the Stanley Cup Final. #NYR #HHOF2019 pic.twitter.com/q4TWvX5eT3— MSG Networks (@MSGNetworks) June 25, 2019In his first 49 NHL games Zubov scored 31 points, but it was in the Rangers’ Stanley Cup season the following year that Zubov broke out — leading the team in points and averaging more than a point per game with 89 (12 goals, 77 assists) in 78 games.”Sergei was more of a puck mover than a puck carrier,” Smith noted. “I think the instinct that he had, you either have or you don’t have, which is to see the ice the way he did. I think that he just saw everything very quickly and he could slow things down. Also, we used to say he had ice in his veins because he would take chances that you had to be very, very confident in yourself to do.”Smith did trade Zubov to Pittsburgh after the defenseman’s third year in the NHL. Following what the former Rangers GM called “a not very happy year in Pittsburgh,” Zubov found himself down south in Dallas. The fifth-year player was less than thrilled about his new assignment, according to Smith; in fact, it took some convincing before Zubov was fully on-board with the Stars and eventually, head coach Ken Hitchcock was able to win him over.”He had to get talked into it,” Smith said of Zubov’s move to Dallas. “I think the fact that Ken Hitchcock put a lot of confidence into him and gave him a big role on the team, probably really helped him.”Thank you Guy for teaching me what it took to win. And Zubie the most talented guy I’ve ever played with congrats to you both on the 2019 @HockeyHallFame induction.— Mike Modano (@9modano) June 25, 2019One of the best trades in Stars history, our next Defining Moment is the move that brought Sergei Zubov to Dallas. pic.twitter.com/L1zw8TEvVn— Dallas Stars (@DallasStars) May 30, 2017Zubov went on to play more than 11 seasons with the Stars, including the 1998-99 Stanley Cup season where he scored 13 points — 12 of which were assists — in 23 postseason games.If you look at the stats — two Stanley Cups, 1,068 games played, third in Stars’ history for assists (438) and 16th in NHL history for assists by a defenseman (619) — Zubov should have been a shoo-in for the HHOF. So why, then, did it take him seven tries to crack the ballot?”There’s so many players that go into the mix every year that get talked about and you really have to have an advocate,” Smith explained. “I’m not sure who it was that was on that committee that advocated for him but you look at his numbers and also the playoff success that he had and that was really astounding.”I think probably one of the reasons why was because he never won the Norris Trophy and I think that when you’re thought of as an offensive defenseman and you don’t win the Norris Trophy, then your name doesn’t come to light quickly.” Where to begin on a player whose illustrious NHL career is only part of the story?Sergei Zubov entered the league by storm, leading the New York Rangers in points during the 1993-94 season and playing a key role in the team’s 1994 Stanley Cup championship — ending a 54-year drought. He would go on to hoist the Cup a second time with the Dallas Stars in 1999. MORE: Dallas Stars’ Winter Classic jerseys showcase tradition of Texas hockeyAlthough he never won the Norris, Zubov did receive votes in 12 out of the more than 15 seasons he played in the NHL with his highest finish in 2006 when he came in third. It probably didn’t help the smooth-skating defenseman that he played in the era of Ray Bourque, Al MacInnis, former teammate Brian Leetch, Chris Chelios and Nicklas Lidstrom (who won the award in 2006).Regardless of how he got there, he’s there now. His name is already etched on Stanley Cup bands and now his legacy will live forever in Toronto at the Hockey Hall of Fame.