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With a devoted fanbase, countless live recordings, and the will to tour the country year round, Ohio-based jammers The Werks have established themselves as a staple in the jam world over the last decade, and have recently announced a special late-night show on April 29th at Howlin Wolf in New Orleans during Jazz Fest. The group will perform in The Den at the Wolf before, during, and after sets from Break Science Live Band and The Russ Liquid Test, plus purchasing a ticket for Break Science lets you access both sides of the venue (get tickets here).With the recent release of their latest LP, Magic, The Werks have continued to evolve sonically and from a songwriting perspective. Drummer Rob Chafin discussed the band’s latest effort, saying, “This is a recording of the music that’s in our souls. . . . In a way, the past decade has been leading to this moment. We play and write together so seamlessly now. We’re able to channel the inspiration in our hearts out into our instruments and come at this from a pure place.”[courtesy of FunkItBlog]Break Science has deep roots in the rich musical culture of New York City, and Adam Deitch and Borahm Lee’s music mimics the city’s diversity as they blend elements of hip-hop, dub, jazz, and trip-hop effortlessly to create their unique sound. With Adam “Shmeeans” Smirnoff, Eric “Jesus” Coomes, Eric “Benny” Bloom, and Ryan Zoidis of Lettuce rounding out the live band lineup, Break Science’s music will be elevated to another level for this special late-night Jazz Fest performance.EXCLUSIVE: Adam Deitch on Break Science Live Band, Voltron-level Lettuce, His Jazz Quartet, DRKWAV, and the Next Generation of NOLA Drummers, and MoreWith the October release of the 80’s-infused electro/funk album 1984, The Russ Liquid Test continues their exploration of modern dance music, all the while keeping their New Orleans vibe alive and well. Russ Liquid teams up with producer and accomplished brass player Russell Scott, guitarist Andrew Block, and drummer Deven Trusclair to deliver a groove-oriented sound that evokes classic funk/soul/R&B stylings, but with its own futuristic spin.[courtesy of Davon Johnson]With Break Science, The Russ Liquid Test, and The Werks, their lineup is a guaranteed recipe for a serious late-night get-down. Together, these groups will bring the non-stop vibes to you on Saturday, April 29 at the Howlin’ Wolf. Tickets for this special late-night performance are currently on-sale here. For show updates and additional information, join the Facebook event page here.[cover photo courtesy of Greg Homolka Photography]
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November 1, 2004 Regular News Ethics panel takes up title company rating disclosure Ethics panel takes up title company rating disclosure
A subcommittee to examine whether attorneys must tell clients the financial rating of the title insurance company being used in their real estate transaction has been set up by the Professional Ethics Committee.The committee met October 1 in Tampa during the Bar’s rescheduled General Meeting and considered issues ranging from the use of “of counsel” to what an attorney must do when a client intends to commit perjury in court.Most of the discussion, though, came as the committee reviewed a staff opinion prepared for an attorney who inquired if he must disclose to the client and others the financial ratings of the title insurance companies the attorney would use in preparing a real estate closing.The staff opinion said the attorney should disclose the financial ratings and other relevant facts to the client. Nonclients should be told, staff concluded, if the attorney determines the information is a material fact which must be disclosed to avoid a crime or fraud on the nonclient.After extensive debate, the committee rejected 9-11 a motion to ratify the staff opinion and then voted 19-2 to refer the issue to a subcommittee, which will include a member of the Real Property, Probate and Trust Law Section.Proponents of the staff opinion said attorneys have rule and ethical obligations, even when they are acting as title insurance agents, to disclose relevant facts to clients, and that attorneys also must ensure whatever company is used to underwrite the title insurance can cover any loss.But other members questioned whether requiring such a disclosure would lead to a requirement that the attorney disclose whether he or she has malpractice insurance. Some members also suggested the information was a matter of insurance law and was outside the scope of the committee. They said clients could be referred to the state Department of Insurance for such financial information.Also discussed was whether the issue should be left to an attorney’s discretion, to be disclosed to the client if the attorney believed it was relevant.On other matters, the PEC:• Sent Proposed Advisory Opinion 04-1, on candor toward a tribunal, back to a subcommittee for further work in light of comments received after the opinion was published in the July 15 Bar News. The draft opinion says that if an attorney knows a client plans to offer testimony the attorney believes or knows is false and refuses to be dissuaded, the attorney must withdraw and disclose the client’s intent to the court. Questions raised in comments included the timing of a disclosure, whether it would be made in open court or in camera and ex parte, what the court would do, and whether the subsequent counsel should be advised of the intended perjury.• Sent to a subcommittee Proposed Advisory Opinion 04-2, on whether a provision in a settlement violated Rule 4-5.6 which prohibits an attorney from being a party to a settlement agreement that restricts the attorney’s ability to practice. The opinion was published in the July 15 Bar News, and aside from comments, the inquiring attorney contacted the Bar and said a typographical error in the original question might affect the opinion’s outcome.• Affirmed a staff opinion that a lawyer could not list his retired father as of counsel on the firm letterhead, especially since the two never practiced together and the father retired before the son became a Bar member.• Agreed, with a slight modification, with a staff opinion that said a fee agreement — to charge an hourly fee in a personal injury case, but defer the payment to the end of the case and collect it only if successful — was a contingency fee and subject to Rule 4-1.5(f).• Voted to accept as final a redrafting of Proposed Advisory Opinion 00-2 as advertised in the July 15 Bar News. It says that safe haven accounts are permissible in some circumstances.• Decided to consider two questions relating to of counsel issues together and referred those for further study. One question was whether a Florida lawyer could list, with proper disclosures, a New York law firm as being of counsel on his firm letterhead. The second question, considered at earlier meetings, deals with fee division disclosures to clients when two firms want to act as of counsel to each other in various cases.The committee will meet again January 21 at the Midyear Meeting in Miami.
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