------- Forwarded Message Follows -------
Date: Thu, 04 Dec 1997 14:05:58 -0500
From: "Henry E. Mallue" <[log in to unmask]>
Subject: Followup re Sen. Crist
To: [log in to unmask]
A follow-up to yesterday's Tallahassee Democrat article re Sen. Charlie Crist:
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Fee debate ignites Senate tobacco hearings
By PETER WALLSTEN
cSt. Petersburg Times, published December 4, 1997
TALLAHASSEE -- A state Senate ethics committee will
hold hearings next month on the intrigue surrounding
Florida's lawsuit against the nation's tobacco industry.
Wednesday's announcement came one day after senators
were gripped by an emotional presentation from an
attorney on the case, who accused other lawyers of
unethical behavior in sorting out contingency fees.
State Sen. Charlie Crist, R-St. Petersburg, chairman of
the Senate Executive Business, Ethics and Elections
Committee, has repeatedly criticized the governor's office
for its handling of the lawsuit.
"Our charge is to try to determine how this sordid tale is
even possible in modern Florida," Crist said at a news
conference.
Crist called for the hearings after Gov. Lawton Chiles
suspended his chief inspector general, Harold Lewis, for
taking loans from Tallahassee lawyer P. Tim Howard,
who addressed the ethics committee Tuesday. Lewis has
since resigned.
Crist also called for hearings on private plane trips taken
by the Democratic governor, as well as spending practices
of Republican Secretary of State Sandra Mortham.
Crist, who is challenging Democratic U.S. Sen. Bob
Graham in next year's election, acknowledges he will be
criticized as a headline-grabber.
"Senate Democrats do not want Sen. Crist or this
investigation to be turned into a three-ring circus," said
Natalie Kelly, a spokeswoman for Senate Democratic
Leader Ken Jenne.
Crist's call for hearings also comes the day after
revelations of a little-known internal agreement among the
lawyers hired by the state for the tobacco case.
According to Mississippi lawyer Richard Scruggs, the
agreement would divide 54 percent of the fees among nine
Florida law firms and give the rest to Scruggs' firm and the
Charleston, S.C., firm of Ron Motley.
Motley and Scruggs have agreed to reduce their share to
31 percent by:
Giving 7 percent to at least five Texas-based law firms
that did not work directly on the Florida case, but did
work with Motley and Scruggs on similar cases
elsewhere. Giving 8 percent to Pensacola lawyer Fred
Levin, who says he persuaded Chiles to proceed with the
landmark lawsuit.
It is not clear yet how much anybody will get.
The fee debate has split the trial team and drawn attention
from legislators interested in reforming some aspects of the
legal system.
Some of the lawyers think they are entitled to 25 percent
of the settlement, as required in the original contract, while
others prefer to have the issue decided by an arbitration
panel, as spelled out in the settlement agreement.
Levin said his agreement with Scruggs and Motley was
more like a "handshake" than a contract and could be as
little as 6 percent. But he added that at least one trial
attorney, Bob Kerrigan of Pensacola, had agreed to give
him a referral fee as well.
"I am extremely pleased," said Levin, a politically
connected trial lawyer who specializes in high-profile
cases. "Eventually someone plans on paying me for my
efforts."
cCopyright 1997 St. Petersburg Times. All rights
reserved.
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