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Law firm solicits clients for sex abuse suit
By LEANORA MINAI © St. Petersburg Times, published January 31, 1998 The ad, titled "'Victims of Fraternal Youth Group Leader," was placed by Boydstun, Dabroski & Lyle, 2600 M.L. King (Ninth) St. N. It appeared in Sunday's edition of the Times. "If your loved ones have been victimized by the acts of another, call us for a free consultation to learn your legal rights," the notice reads. Attorney Robert K. "Bo" Michael said he has retained several clients for possible action involving John Willis Shirley of St. Petersburg. Shirley, 47, was a Chapter Dad for DeMolay, a worldwide boys organization sponsored by the Masons. He was arrested Dec. 16 and remains in the Pinellas County Jail on $690,000 bail. "Well, that's fine," Martin Schwebel, an attorney for the Masons, said of the ad. "People are certainly entitled to know their legal rights, but this is back to the old adage that has plagued the legal profession for a long time. They would otherwise be called ambulance chasers." The U.S. Supreme Court has ruled that lawyers have a right to advertise. They still must follow the rules and regulations of their respective bar associations. Some law professors say advertising for clients might raise questions of poor taste. "An ad has two elements," said Bruce S. Rogow, a law professor at Nova Southeastern University in Fort Lauderdale. "One is to let people know that they may have a need for a lawyer, and the second is to suggest to them that they consult a specific lawyer." At least 11 boys in Shirley's youth group have told police Shirley gave them alcohol and drugs, fondled them or had sex with them, and watched them masturbate in his apartment. Michael, the St. Petersburg attorney, said he and the other attorneys are beginning their investigation into Shirley. "I'm meeting with parents," Michael said. He said he has not decided whether he will first demand a settlement to avoid a lawsuit. Michael said he got the idea for the ad from a Citrus County case involving a male nurse accused of raping patients while they were under anesthesia. "Victim of Sexual Assault?" an ad headline in the Citrus County Chronicle read in 1994. "If you have been sexually assaulted at a local hospital, call for a free consultation." The Crystal River law firm pulled the ad after it got negative reaction, but it was able to attract some clients and ended up filing a class-action lawsuit. Rogow, the Nova Southeastern law professor, reviewed the ad for victims of the fraternal youth group leader. He said the ad is not misleading. "The concept is okay," Rogow said. "The execution is not technically correct." What the ad should include, he said, is the Florida Bar disclosure for clients to request free written information about qualifications and experience. It should also state that the hiring of a lawyer is an important decision. The ad also says "NO RECOVERY/NO FEE." But what about costs? Rogow asked. "There's a requirement that the advertisement address whether the client will be liable for any expenses," Rogow said. Michael, a partner in Paul Hitchins' law office on First Avenue N, is working with two lawyers from the Boydstun, Dabroski & Lyle firm on the potential lawsuit. He said that as required, he sent his ad to the Florida Bar for review. The Florida Bar allows lawyers to place ads before they are approved. He has not heard back. "If I hear back this week that, "sorry this ad's no good,' then I can't run it anymore," Michael said. "So, you more or less have somewhat of a free run until you hear back from them."
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