UPL Update October 15, 2003 Regular News The advisory opinion process Jeffrey T. Picker Assistant UPL CounselI am often asked whether a certain activity constitutes the unlicensed practice of law. The answer to this question can be found primarily in case law. But what if there is no case law addressing the particular activity? This is where the formal advisory opinion process comes into play. The next few columns will discuss this process.Rule 10-9.1 of the Rules Regulating The Florida Bar sets forth the formal advisory opinion process in UPL matters. The rule requires that a written request for a formal opinion be submitted in the form of a hypothetical, providing all the relevant facts to the UPL Department, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300. The question must not be the issue in a pending lawsuit and must ask whether the activity is the unlicensed practice of law.If the request complies with the above requirements, it will be placed on the agenda of the next meeting of the Standing Committee on Unlicensed Practice of Law. The standing committee usually meets three or four times per year. At the meeting the committee will decide whether to hold a public hearing on the request. In the past, the committee has voted to hold a public hearing in matters of first impression or of statewide importance.The next column will discuss what happens at the hearing and after.
London, United Kingdom | AFP | Jose Mourinho says his time at Manchester United is “a closed chapter” and he is only interested in beating them when he takes his in-form side to Old Trafford on Wednesday.It is the new Tottenham manager’s first return to the touchline at United’s home ground since his sacking by the club last December.“This is a closed chapter for me,” said Mourinho, who has won all three of his matches in charge of Spurs. “I left the club, I took my time to process everything that happened, I took my time to prepare myself for the next challenge.“Honestly, United for me is in my book of experiences, it’s in my history book.”United are struggling under Mourinho’s successor, Ole Gunnar Solskjaer, but go into the game just two points behind fifth-placed Spurs.“It is not for me to analyse United now,” Mourinho said at his pre-match press conference. “I analyse them as an opponent, how they play. How can we beat them? How can they beat us? For me that is the important thing.” Jose Mourinho Mourinho is excited about the prospect of returning to Old Trafford.He said: “I feel good, I like to play big matches, I like to play against the best teams and go back to a place where I was happy.“I have a great relationship with the Manchester United supporters. I went back as a pundit and I was humbled by such a beautiful reception.“Tomorrow I go back as the coach of the team that will try and beat Manchester United.“I understand that what they want is the exact opposite of what I want. Of course during the match I expect them to forget me.” Share on: WhatsApp
Pittsburgh Penguins’ Jayson Megna (59) and Brandon Sutter (16) look for a shot against Carolina Hurricanes goalie Justin Peters (35) as Hurricanes’ Justin Faulk (27) defends during the first period of an NHL hockey game in Raleigh, N.C., Monday, Oct. 28, 2013. Hurricanes’ Andrej Sekera (4), of Slovakia looks for possession at left. (AP Photo/Gerry Broome) by Joedy McCrearyAP Sports WriterRALEIGH, N.C. (AP) — When he eventually tells the story of his first career goal, Pittsburgh rookie Jayson Megna won’t embellish any of the details. Sidney Crosby did set it up, and it did ice a victory that ended a losing streak.That it clicked in off his shin pad? No big deal.Megna scored his first goal on a deflection after he also earned his first assist, helping the Penguins snap a three-game slide by beating the Carolina Hurricanes 3-1 on Monday night.“I told him, ‘That’s not the way you usually dream of scoring your first one,’” Crosby said. “But you take them any way you can get them.”Chris Kunitz and Tanner Glass also scored for the Metropolitan Division-leading Penguins. Brooks Orpik had three assists, Crosby added two and Marc-Andre Fleury stopped 20 shots.Pittsburgh ended its longest losing streak since 2011-12 by defeating the Hurricanes for the fourth straight time.“We had some lapses for periods (during the slide) and that hurt us and ended up costing us the game,” Crosby said. “When you do good things, you don’t want to spoil it with some errors that were mental errors, and we bounced back here tonight and got a big win.”Nathan Gerbe scored a power-play goal for Carolina, which lost its third straight. The Hurricanes remained tied with the New York Islanders for second in the division — five points behind the Penguins — after putting just three shots on Fleury in the third period.“We kind of got pushed out of the game. We weren’t able to generate anything in the third period,” coach Kirk Muller said. “Prior to that, they played a heavier game than we did. They won more battles. They grinded it harder, and their big boys at the end of the night were on the scoresheet. … Some of our guys have to start contributing.”Carolina’s Justin Peters made 26 saves in his second straight start in place of the injured Cam Ward.Ward is expected to miss at least two more weeks after sustaining an unspecified lower-body injury during a loss at Minnesota last week, and including that game, the Hurricanes have lost all three games since he was hurt. Carolina has allowed at least three goals in four straight.“He battled. He played hard,” Muller said of Peters. “We broke down on a couple mistakes that cost us goals, and we had opportunities to capitalize almost similar plays and we didn’t capitalize.”Offense had become a bit tougher to find for the Penguins, which scored 13 goals in its previous two victories over the Hurricanes — including a 5-2 win earlier this month in Pittsburgh keyed by a hat trick from former Hurricane Jussi Jokinen.During the losing streak, the Penguins averaged 38 shots but managed four total goals.Kunitz scored the go-ahead goal with 3:36 left in the second, cashing in on some nifty cross-ice passing, taking a feed from Crosby and beating Peters high to make it 2-1.Megna — a 23-year-old undrafted center playing in his second career NHL game — then made it a two-goal game with 12:49 left.A Crosby shot clicked first off a Carolina defender, then off Megna’s right leg and into the net — and the occasion was marked by the inadvertent sounding of the PNC Arena goal horn.“Shot it right off my shin pad,” Megna said. “Not how I dreamed it up, but I’ll take them any way I can get them.”Megna’s first career point came on the Penguins’ first goal. Glass put them up 1-0 at 8:25 of the first off a neutral-zone draw, whipping the rebound of Megna’s shot past Peters. Both of Glass’ goals this season have come against the Hurricanes.Gerbe tied it at 16:03 with a 5-on-3 goal, finishing from point-blank range after some tic-tac-toe passing from Alexander Semin and rookie Elias Lindholm.That came after Pittsburgh had the game’s first nine shots on goal. Carolina didn’t put its first shot on Fleury until Ron Hainsey’s soft backhand with about 8½ minutes left drew some sarcastic cheers from the crowd.The Penguins had a lull of their own in the second, failing to put a shot on Peters until Megna landed one about 8½ minutes in.NOTES: Crosby has at least one point in 10 of Pittsburgh’s 12 games. … Semin has points in four straight games. … The Penguins scratched D Rob Scuderi with a lower-body injury, ending his streak of 276 consecutive regular-season games played — the longest streak on the team.___Follow Joedy McCreary on Twitter at http://twitter.com/joedyap