Florida Bar President Terry Russell says that legal service to the poor is his top priority.
“I just had the pleasure of touring the Jacksonville Area Legal Aid office,” Russell told those attending the Jacksonville Bar Association luncheon Wednesday at the Omni. “You have much to be proud of here. The JALA is one of the strongest legal associations in the state. I want to talk to you about a subject that is near and dear to my heart, which is legal services to the poor.”
He said Florida lawyers gave $171 million worth of their time for legal services to the poor in 1999.
“That is a fantastic showing of support for the highest goal that we have,” he said. “In addition to that volunteering effort another $55 million entered the system from various sources, making this a $225 million program. One might say that is a magnificent accomplishment, and it truly is, but we were only able meet about 25 percent of the need.”
Russell said he has one year to get some legislation on the issue.
“We are trying to get a bill passed and it’s a good one,” said Russell. “We have some legislation that we are very excited about.”
The bill would provide funding — for the first time in state history — for the delivery of legal services to the poor, which would supplement legal aid programs around the state.
Before the luncheon Russell met with Daily Record staff writer Michele Newbern Gillis at the Jacksonville Area Legal Aid office to discuss issues impacting the legal community.
Question: What do you think about the proposed tax on lawyer fees?
Answer: The Florida Bar’s official position on the issue now is neutral. We have not stepped into that fight for a multitude of reasons. The most important of which is the restraints that are put on The Florida Bar now by case law that has come down since 1987. Since we are a organization with a compulsory membership, we are limited in our political activities and until that legislation or those proposals threaten the legal system, judiciary or court funding in some direct way, we won’t be able to get into the fight. I will tell you that I am disturbed by what appears to be the strategy for passage on this thing and that is simply a wholesale granting of exceptions for powerful special interests groups, which is what was reported yesterday. We are going to watch that very carefully because if the game plan is ultimately boil this thing down to taxes on services of barbers, law men, accountants and lawyers, then that is not fair. That’s not going to accomplish the Senate president’s purpose and we need to be concerned about that.
Q: Most presidents say it has been an interesting year and they have learned a lot. Do you agree?
A: It’s been all that and more. It’s been more of everything I expected — more stressful, more rewarding and more exciting. In the current issue of The Florida Bar Journal, I actually wrote on that subject. We talked about the presidency and the challenges of the office and the difficulty in keeping good people interested in serving because it’s getting so much more challenging, especially now that we are dealing with a relatively hostile state government compared to what we had 10 years ago.
We just have bigger challenges.
Q: What are you doing to try and help that?
A: As part of that, we’ve been trying to visit all of the editorial boards across the state. I’ve visited every state newspaper so far except the Pensacola News-Journal. It has really happened as a result of the more intense scrutiny that the legal system is under as a result of the unprecedented attacks on judicial independence that have occurred politically in the last two or three years. We feel a greater need than ever to communicate with the media and explain the Bar’s position on these issues in advance.
Q: What does a Florida Bar president do?
A: If you look on The Florida Bar’s website you will see the president’s schedule and it’s frightening. There are certain traditional things, places to be and expectations for the Bar president that I have to do, and then there is a great deal of latitude and discretion in between, including places I want to go and speeches I may or may not want to give. There are certainly obligatory responsibilities including presiding over meetings of the board of governors and setting their agenda. I argued the rules package to the Florida Supreme Court, which we argue annually in terms of the proposed rules and amendments and they will let us know in about six months whether they will approve them or not. All of that is obligatory stuff that I do. I am The Florida Bar’s chief spokesperson and I get a year to set the Bar’s policy in terms of goals or agendas that I might have. It’s more than a full-time job.
Q: Tell me about the funding issues for the court system and how that will affect lawyers, judges and legal aid.
A: They mainly cut the money from social programs that are associated with the court system. The court system took a two percent cut and the rest of the state took a five percent cut. We are still scratching our heads trying to figure out why that was but we will take it. We are going to lose some peripheral services, but the basic core of the court system will stay in place. Any time you take money from the court system you are hurting people and limiting access to the system.
Q: What are some top concerns for lawyers these days?
A: Obviously, the failing economy affects the legal system, which affects lawyers. Some of them make more money and some make less money when the economy fails. So that sort of shifts priorities around and gives some law firms concerns. It also puts greater pressure on Legal Aid because more people are out of work, under stress and unable to pay for their legal services.
Q: How is the job market for graduating law students?
A: It’s never been great. We have eight law schools in Florida. We have a lot of lawyers in this state and are adding 2,000 to 3,000 a year more because we produce so many. For the top graduates the market has not been great for some time and with the economy slacking off it won’t get any better for them.
Q: How has terrorism affected the way lawyers do business? You said in a recent president’s message that there is a danger of eroding constitutional principles in the name of fighting terrorism.
A: I think that one of the greatest challenges that we face now is the challenge to the rule of law that comes from times like this when people are frightened and concerned about their security. We know historically, when people are frightened and concerned about their security, they have a tendency to be more willing to give up their personal freedom. It’s the job of the legal system including lawyers and judges to protect against that and to maintain the viability and integrity of our constitutional system of government and the bill of rights. You watch how quickly public opinion will shift on this issue as soon as people feel safe again. They are starting to feel safer as we are winning this war and reducing the threat. Hopefully we will swing back to where we belong.
Q: Because Jacksonville is your home town, what do you think of the revitalization efforts?
A: I think the growth here is fantastic. I applaud the mayor’s [John Delaney] decision to go out and borrow $2.1 billion dollars to get the infrastructure caught up. When I was a kid here, the infrastructure was always way ahead of the growth and now the infrastructure is behind the growth and I think that money will be well spent to catch things up including the roads, schools, water, sewer and utilities — everything that needs to be a part of a major community like this has become.
Q: What college did you attend?
A: I have an bachelor’s degree in sociology from the University of Florida and my law degree came from Florida State University.
Q: Where do you practice now?
A: I am a partner in the Ruden, McClosky, Smith, Schuster and Russell law firm in Ft. Lauderdale, which has eight offices around the state.
Q: Is your law firm considering opening an office in Jacksonville any time soon?
A: We keep talking to various law firms up here but for one reason or another we haven’t put a deal together here yet. We are still thinking about it and I am determined to make it happen one day.
Q: What type of law do you practice?
A: I am a board certified civil trial lawyer and business litigation lawyer who concentrates his practice in complex commercial litigation including foreclosures, antitrust, securities and product liability defense.
Q: Tell me about your family?
A: I have been married to my wife, Mary Kay for 35 years. We have two children, Cristine, who was admitted to The Florida Bar in 1998 and practices in Jacksonville with Rogers Towers. Greg is a fourth year medical student at the University of South Florida.