DCBA January Bulletin

“A Century of Service to Miami-Dade County”

Programs and Services That Help You GROW Your Practice, GAIN Experience & GIVE Back

One of my resolutions for the new-year is to try to recruit new members to the almost 100 year old Dade County Bar Association (“DCBA”). To do that, I need talking points explaining why someone should join the DCBA. The following points are what I came up with, and upon reading the list, it re-convinced me that being a member of the DCBA is not only fulfilling, but it is also essential for Miami-Dade County judges and practitioners:

(1) The DCBA is the largest voluntary bar association in the State of Florida, with over 4,500 members;

(2) The DCBA offers pro bono opportunities with the DCBA’s Dade Legal Aid Put Something Back program;

(3) The DCBA has approximately 33 Committees that serve our profession in every area of practice;

(4) The DCBA offers over 100 CLE programs and opportunities to increase your knowledge of the law;

(5) The DCBA hosts over 250 events per year that create opportunities to increase your network of friends, business, and potential referrals of cases;

(6) The DCBA hosts the record setting Bench & Bar Conference every year (which was the largest legal seminar held in Florida in 2014, with nearly 1,050 judges, government attorneys, in-house counsel, and private practice lawyers participating in the day-long conference);

(7) The DCBA offers memberships to not only the judiciary and attorneys, but also to paralegals and to our local law students;

(8) The DCBA offers many member benefits and discounts on daily expenses in regard to the practice of law;

(9) The DCBA offers our members opportunities to lecture and speak at the Bench & Bar, luncheons, CLEs and/or events; and

(10) The DCBA offers our members opportunities to write articles of their choosing in our monthly DCBA Bulletins.

The foregoing can be summed up by saying that people in our legal community should join the DCBA for the “3 Gs.” (i) Grow Your Practice by

attending hundreds of DCBA legal and social events;

(ii) Gain Experience by attending the DCBA’s over one hundred CLEs; and

(iii) Give Back to the community by participating in pro bono work with Legal Aid.

No matter what the reason may be for one to join the DCBA, the fact of the matter is that if you practice law in Miami-Dade County, you cannot afford not to be a member of the DCBA. So if you are not a member, please join. And for those of you 4,500+ who are members, please spread the good word of the DCBA and join in the effort to recruit a new member today!

BULLETIN

JANUARY 2015

Herman Russomanno III

“Being a member

of the DCBA

is not only

fulfilling, but it

is also essential

for Miami-Dade

County judges

and practitioners”

PRESIDENT’S MESSAGE

IN THIS ISSUE:YLS Bids for KidsPage 2

Botany 101 for Lawyers

Second Annual YLS Valentine’s Day Pub CrawlPage 3

“Emotional Support Animals:” Why Housing Providers are Forced to Accommodate Almost Any RequestPage 4

Eleventh Judicial Circuit Local Professionalism Panel’s Disposition

Calling for Nominations for the David W. Dyer Professionalism AwardPage 5

Dade Legal AidPage 6

Succession Planning... What’s at Stake?

The Constitutional Corner

Dade County Bar Assosiation Criminal Justice Award Call for NominationsPage 7

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2 DCBA BULLETIN | JANUARY 2015

DADE COUNTY BAR ASSOCIATIONBoard of Directors 2014-2015

OFFICERSHERMAN J. RUSSOMANNO, III, President*

JASON M. MURRAY, President-Elect*JEFFREY A. RYNOR, Vice President*JORDAN A. DRESNICK, Secretary* STEPHANIE L. CARMAN, Treasurer*

MATTHEW J. RIDGELY, Executive DirectorJOHNNIE M. RIDGELY, Executive Director

(1965-2006)

GROUP ONEERICK HOCKMAN

JEREMY KAHNNATALIE RICO

CAITLIN M. TROWBRIDGEDANIEL F. BENAVIDESRASHAD M. COLLINS

GROUP TWOMONICA F. ROSSBACH

ADAM J. SHAPIROELIZABETH FERRY

EFFIE D. SILVAJACQUELINE C. LEDON

JANE W. MUIR

GROUP THREEKATIE S. PHANG

ADILIA QUINTANA-HEDGESJEFF P. CYNAMON

ERIC A. HERNANDEZSUZETTE L. RUSSOMANNO

VIVIANA P. VARELA

GROUP FOURROBERT B. BOYERS

STEVEN E. EISENBERGDAVID ALSCHULER

GREGORY P. SREENANJERRY D. HAMILTON

JOHN P. MURRAY

GROUP FIVEGROUP FIVE

RICHARD M. LESLIEJEROME J. KAVULICH

GLENN B. KRITZERJACQUELYN P. NEEDELMAN

LEONARD ELIASRICHARD C. MILSTEIN

TIMOTHY M. RAVICH, ABA Delegate 2014-2016

DADE COUNTY BAR ASSOCIATIONYOUNG LAYWERS SECTION

BOARD OF DIRECTORS 2014-2015

OFFICERSGeri Satin, President

Joshua L. Wintle, President-ElectStuart Weissman, Secretary

Evian White, Treasurer

2013-2015 DIRECTORSKristen Corpion

Gregory S. D’IncelliJenna Fischman

Daryl A. GreenbergLacey Hofmeyer

Joshua A. MarcusMandy L. Mills

2014-2016 DIRECTORSEric Bluestein

Zachariah R.F. EvangelistaStephanie Grosman

Liam Mc GivernScott Merl

Isabella PoschlRonnell D. Robinzine

The Bulletin CommitteeCaitlin Trowbridge, Co-ChairMihai Vrasmasu, Co-Chair123 NW First Avenue #214

Miami, Florida 33128305-371-2220

Ex – OfficioSookie Williams

DADE COUNTY BAR ASSOCIATION YOUNG LAWYER SECTION GRATEFULLY

ACKNOWLEDGES THE GENEROUS SUPPORT OF OUR SPONSORS FOR THEIR

SIGNIFICANT CONTRIBUTIONS TO THE TWELFTH ANNUAL BIDS FOR KIDS

IDEAL IMPRESSIONISTSnergy Settlement Services

Stanley M. Rosenblatt Law Offices

ACHROMATIC ALTRUISTCole Scott Kissane, P.A.

Cypen & Cypen

Kozyak Tropin Throckmorton

Law Offices of Robert L. Parks, P.L.

Meland Russin & Budwick, P.A.

Panter, Panter & Sampedro, P.A.

Ratzan Law Group. P.A.

Roig Lawyers

Sabadell United Bank

Thornton, Davis & Fein, P.A.

CONSIDERATE CURATORAkerman, LLP

Bluestein and Wayne, P.A.

Buckner, Shefrin, Etter, Dugan & Kohlman, P.A.

Colson Hicks Eidson

Daniel K Bandklayder PA

Daniel A. Finkle, CFP Finkle Financial Planning

Dolan Law

Ehrenstein Charbonneau Caldrin

Evensky & Katz, LLC

Genovese Joblove & Battista, P.A.

Goldberg & Dohan, L.L.P.

Hickey Law Firm, P.A.

Packman Neuwahl Rosenberg, P.A.

Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A.

SER & Associates

The Law Office of Scott A. Srebnick P.A.

U.S. Legal Support, Inc.

Veritext Legal Solutions

Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC

THANKS ALSO GO TOHightower & Partners, P.A.

Hicks, Porter, Ebenfeld & Stein, P.A.

Orange Legal

Markus & Markus

YLS Bids for Kids On November 20, 2014 the Young Lawyers Section of the Dade County Bar held their annual Bids for Kids fundraiser at The Stage. This year, the Young Lawyers Section was able to raise over $40,000 for children’s charities. Evian White, Carly Kligler, and Eve Cann. Attendees were able to bid on the Silent Auction items

via the Handbid app on their phones.

Tal J. Lifshitz, James Slater, David Matz, Stuart Weissman, and Eric Bluestein. Bruce Fischman, Eric Satin, and Daya Nathan.

Lacey Hofmeyer and Judge Spencer Eig. The Auction Items were a hit!

Judge Sarah Zabel and Daniela Gordon. Karen Ladis and Stephanie Grosman

Ethan Wall, YLS Past-President, Suzette Russomanno, YLS Past-President and Armando Hernandez.

Joshua Wintle, YLS President-Elect and Gregory D’Incelli.

Suenalo!

DCBA Young Lawyers Section Board

www.dadecountybar.org 3

Botany 101 for Lawyers

Second Annual YLS Valentine’s Day Pub Crawl

BY GERI SATIN

When it comes to plants, my vernacular leaves much to be desired. I usually adorn the word flower with generic adjectives like “pretty” or

“colorful.” Sometimes (usually at a wedding or gala), I’ll also throw in the word “expensive” for good measure.

Coming in a close second is my glaring lack of plant-care proficiency. In the span of six months, I managed to kill an office plant (don’t ask me which kind – it was green) and two orchards, as well as to knock over a zen stone garden in the midst of a conference call – arguably, not the most zen-like move on my part.

Needless to say, I’ve become a big proponent of faux flowers and silk plants. And when the gardener asks me which seasonal foliage to plant in the backyard, I usually default to “that which requires the least maintenance and attracts the least bugs.”

On Saturday, January 31, 2015, dozens of young lawyers and other young professionals will gather for the Second Annual YLS Valentine’s Day Pub Crawl through Brickell. Last year’s inaugural event was attended by over one hundred young professionals who donned red, green, or yellow to indicate their relationship status. In furtherance of the Stoplight theme, YLS Board Members distributed color coded stickers to differentiate the single crawlers from those that were already matched up. The pub crawl allowed for participants to network in a more relaxed atmosphere, and some even managed to make a love connection!

Your support and contributions raise money for YLS programs that focus on children’s civic education, which include: Girl’s Horizons (young lawyers provide life skill seminars and college mentoring to at risk teenagers); Schools (young lawyers organize an annual mock trial competition and civic lessons at local schools); Pro Bono (young lawyers administer pro bono and community service programs throughout the year

As a legal practitioner, it is no surprise that my thumb is far from green. Most of my career and education has been spent in a classroom, office, conference room, or courtroom. This reality is only compounded by the fundamental conflict between plants and lawyers – one is tasked with pumping air into a room, and the other is (all-too-) skillful at sucking the air out of a room. So, you can imagine why we might not be suited for botany.

Notwithstanding my botany-based ineptitude, the YLS board of directors has been busy this year exploring and cultivating the concept of “cross-pollination.” Don’t worry – it does not involve the mishandling of any flowers or bees. Rather, it involves an interdisciplinary approach to our 2014-15 YLS events, in which we bring South Florida lawyers and professionals with diverse businesses and backgrounds together, allowing their knowledge, networks, and skills to influence and impact each other.

In the coming months, the YLS is pleased to announce its participation in a number of events geared toward

such as painting housing projects and serving food to the homeless at the Chapman house).

The cost to participate in the crawl is $15 for Dade County Bar Association members and $20 for nonmembers. The participation fee will get you free drink tickets at select (yet to be determined) stops, appetizers and more! Be sure to come out on January 31, 2015 to find your Valentine (or show off the one you’ve got)!

Don’t miss out on all the fun! Register online at: https://yls.dadecountybar.org/yls-save-date-pub-crawl/. Visit the YLS Facebook page for updates on the Pubcrawl and the rest of our wonderful programming: https://www.facebook.com/DCBAYLS.

For sponsorship opportunities, or if you have a disability and may require accommodation to fully participate in this activity, please call Alice Ramirez to request an accommodation at 305-371-2220 or at [email protected].

McLAUGHLIN & STERN, LLP

is pleased to announce that

Cynthia J. Dienstag

has joined the firm as a Partnerin our West Palm Beach, Florida office:

CityPlace Office Tower525 Okeechobee Boulevard, Suite 1530

West Palm Beach, Florida 33401 561-659-4020

Ms. Dienstag has focused her practice on marital and family law since 1989 and expanded her specialization to include domestic partnership matters. McLaughlin & Stern, LLP is a full service law firm providing a diverse range of legal services to individuals and businesses.

McLaughlin & Stern, LLP was established in 1898 and has offices in:

New York, New York * Milbrook, New York * Great Neck, New York *Naples, Florida * Miami, Florida

*Appointments also available in our Broward County location

www.mclaughlinstern.com

cross-pollinating with practitioners of diverse legal specializations, bar organizations, and young professional groups, in order to expand the resources and relationships available to our YLS members. Here are just some of the events we have in store: • On January 8th, the DCBA YLS

Social Committee will be hosting a joint social and networking event with the YLS Rainmakers committee from 6-8pm at Novecento in Brickell. Join us for light bites and a free drink, while mingling with YLS members from our various committees. For more information, please contact Stephanie Grosman at [email protected].

• On January 16-17th, the DCBA YLS will be participating in the Florida Bar Young Lawyer Division 2015 Affiliate Outreach Conference in St. Petersburg, Florida. Each winter, the Florida Bar YLD hosts its Annual Affiliate Outreach Conference to allow all of its bar affiliates and law student leaders from around the state to gather for a weekend of relationship-building, networking, and idea-sharing. Registration for the Florida Bar Affiliate Outreach Conference

is open to any member of the DCBA YLS. For more information, please visit http://www.flayld.org/yldevents/aoc/.

• On February 12th, the DCBA YLS and North Dade Bar Association will be hosting a joint networking event at Calle Ocho’s premier Miami Jazz lounge, Ball & Chain. Last year’s joint professional event drew various practitioners from both bar associations giving Miami’s young professionals the opportunity to network with attorneys from various practices. For more information, please contact Daryl Greenberg at [email protected].

It doesn’t take a degree in horticulture to engage in some fertile cross-pollination this winter. Join the DCBA YLS for one of our upcoming events. You bring the business cards; we’ll bring the bug spray.

Geri Satin is the DCBA YLS President and a jury consultant at Focus Litigation Consulting, LLC, specializing in mock trials, focus groups, jury selection, witness preparation, and juror decision-making research. Ms. Satin can be reached at [email protected] or (305) 377-0786.


“Emotional Support Animals:” Why Housing Providers are Forced to Accommodate Almost Any Request

Individuals residing in condominiums, apartment complexes, and other properties governed by pet restrictions have increasingly discovered a weakness in federal housing and discrimination laws. The law currently allows these individuals to circumvent

their housing provider’s pet policies by claiming a disability (usually non-observable, such as a mental or emotional disability) – reclassifying a pet dog or cat as an “assistance animal” needed by the resident in relation to such disability, and then making a request to the housing provider for a “reasonable accommodation” under the Fair Housing Act (“FHA”) – in order to keep the animal in the property despite the pet restrictions.

Housing providers are hampered by the lack of a practical definition and any real guidelines related to the sub-category of disability “assistance animal” referred to as the “emotional support animal.” Thus, housing providers are often forced to choose between waiving their pet rules (in response to questionable and at times possibly false supporting documentation from the “disabled person”) or facing a lawsuit for housing discrimination. This trend, of course, has the additional consequence of making housing providers perpetually suspicious of any person making a request for an accommodation based on an assistance animal – even those people who really do need this type of accommodation.

Challenges with the Existing StatuteThe problem with the current law is that many emotional support animal requests are delivered with a certificate purchased online by the pet owner, along with a simple doctor’s note stating that the owner needs the emotional support animal. It is hard to walk the fine line between trying to obtain proper proof of the “need” for the accommodation and violating

BY DAVID B. HABER AND REBECCA C. NEWMAN

patient confidentiality, HIPAA, or FHA regulations.

This ambiguous standard, and the risk of penalties if the housing provider is deemed to have wrongfully denied the request, places the housing provider in a no-win situation. Other residents complain about the ridiculousness of these “emotional support animals” and want to become stricter in the review process; however, HUD has not provided sufficient reasonable guidelines in order to do so.

The FHA, in prohibiting discrimination in the sale or rental of housing based on disability, allows for all types of “assistance animals” including a “service animal” or an “emotional support animal.” A regulation accompanying the Americans with Disabilities Act

(“ADA”) provides a definition of “service animal” in the context of prohibiting discrimination based upon disability in places of public accommodation, which in effect requires the animal to be a dog with individualized training. See 28 C.F.R. § 36.104 (2012). This definition has been applied to guide the analysis of FHA claims involving service animals, but neither the ADA nor the FHA provide a definition or standards for determining whether an animal qualifies as an emotional support animal.

Interpreting the “HUD MEMO”What little guidance does exist comes from the HUD 2013 Notice FHEO-2013-01 (the “HUD Memo”). According to the HUD Memo, the term “assistance animal” refers to an animal that “works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s

disability.” The HUD Memo further explains that assistance animals do not need to be trained or certified and that “[b]reed, size, and weight limitations may not be applied to an assistance animal.”

According to the HUD Memo, a housing provider can deny a request for reasonable accommodation in the form of an “assistance animal” if that particular animal poses a direct threat to the health and safety of others or would cause substantial physical damage to the property of others. This determination must be based on an individualized assessment relying upon objective evidence regarding the specific animal in question. The fact that the animal is of a type or breed that is generally perceived as dangerous is irrelevant to whether the housing provider may deny the request. Also pursuant to the HUD Memo,

the housing provider may deny the request for an assistance animal if allowing same would “impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider’s services.” Again, there are no real standards on what qualifies as an “undue burden” or what is considered to be a “fundamental alteration” of the housing provider’s services.

Local Laws vs. Emotional Support Animal RequestsBecause of the lack of workable standards for evaluating emotional support animal requests, housing providers can theoretically be forced to accommodate all types of animals, even if seemingly unreasonable requests are made. Recently, in Warren v. Delvista Towers Condominium Association, the United States District Court for the Southern District of Florida prohibited a condominium association from enforcing its “no-dog” policy against the plaintiff

unit owner, despite the fact that the owner’s assistance animal was a pitbull dog, a breed that is banned throughout Miami-Dade County by local ordinance. The Court noted that if the Miami-Dade ordinance were enforced, it would violate the FHA by “permitting a discriminatory housing practice.” Even though the association believed it was reasonably relying on a local law prohibiting pitbulls throughout the county, the association was still subjected to potential legal liability, in part due to the lack of practical federal standards for evaluating the increasing number of emotional support animal requests.

So where do housing providers draw the line in deciding whether the law requires them to accommodate an animal as an emotional support animal? When individuals begin to claim a snake, potbelly pig, exotic bird, or chimpanzee as an emotional support animal, will the housing provider be forced to accept that animal because it has no history of aggression or property damage?

The increasing trend of circumventing pet restrictions using the “emotional support animal” catch-all necessitates an update of federal housing law and regulations governing a housing provider’s analysis of reasonable requests for accommodation involving emotional support animals. The risk to a housing provider to deny such a request is often too great, even when the back-up documentation supporting the request looks suspicious, and even when the resident knowingly chose to live in a place with pet restrictions. So long as federal law does not provide clear definitions or guidelines for determining whether an animal qualifies as an “emotional support animal,” residents will continue to avoid pet restrictions by taking advantage of the current lack of workable standards.

David B. Haber is the founding partner of David B. Haber, P.A. He is a commercial litigator with 29 years of experience who has handled multiple complex commercial disputes throughout Florida, including condominium and homeowner’s association disputes. Mr. Haber can be reached at [email protected]. Rebecca C. Newman is an associate attorney with the firm. Ms. Newman can be reached at [email protected]. The firm concentrates in the practice areas of complex commercial litigation, real estate and banking litigation, homeowner and condominium association laws, and aviation litigation.

“When individuals begin to claim a snake, potbelly pig, exotic bird, or chimpanzee as an emotional support animal, will the housing provider be forced to accept that animal because it has no history of aggression or property damage?”


Calling for Nominations for the David W. Dyer Professionalism Award

Eleventh Judicial Circuit Local Professionalism Panel’s Disposition (Case No. 420)

Integrity, humility, compassion, and professionalism. Together, those four qualities defined Judge David W. Dyer in all that he did in his remarkable personal and professional lives.

Established in 1997, the David W. Dyer Professionalism Award is the most important award given by the Dade County Bar Association. It is awarded annually in June at the DCBA inauguration gala to the lawyer or judge whose conduct most closely reflects and honors the integrity, humility, compassion, and professionalism of Judge Dyer himself.

Judge David W. Dyer, was in private practice from 1933 to 1942 in Dade County. He served as a Major in the Army in the Judge Advocate General’s Corps during World War II and then resumed his practice here. In 1961, Judge Dyer was appointed to the United States District Court for the Southern District of Florida by President John F. Kennedy where

Pursuant to the Florida Supreme Court’s opinion In re: Code for Resolving Professionalism Complaints,

116 So. 3d 280 (Fla. 2013) and In re: Eleventh Judicial Circuit Professionalism and Civility Committee and Local Professionalism Panel, Fla. 11th Cir. Admin. Order No. 14-01 A1 (July 18, 2014), the duly appointed Local Professionalism Panel (“Panel”) began receiving, screening, acting upon, and resolving complaints of unprofessional conduct as of September 1, 2014. The Panel seeks to informally resolve professionalism complaints made by members of the public, attorneys, judges, and/or referred by The Florida Bar’s Attorney Consumer Assistance Program (A.C.A.P.), against attorneys practicing in the Eleventh Circuit. All proceedings, communications, documents, and identities are kept strictly confidential. In the interest of promoting awareness and education, noteworthy findings/dispositions of the Panel are to be anonymously published in the DCBA Bulletin as well as the Eleventh Judicial Circuit website.

The Code of Professionalism for resolving professionalism complaints includes the standards codified in the

BY VIVIAN REYES

he ultimately served as chief judge from 1962 to 1966. While serving as a district judge, he issued a landmark decision to desegregate the restaurants which served travelers on Florida’s Turnpike. In 1966, President Lyndon B. Johnson appointed Judge Dyer to the United States Court of Appeals for the Fifth Circuit. There, Judge Dyer presided over several important civil rights and voting rights cases, including a ruling in 1967 to reapportion Florida on the “one-man, one-vote” principle.

Judge Dyer’s qualities and contributions were capsulized by Resolution in the United States House of Representatives upon Judge Dyer’s passing in 1998:

“Community leaders across South Florida are at a loss today because they have lost their leader, mentor, and role model. For many, Judge Dyer

Oath of Admission to the Florida Bar, The Florida Bar Creed of Professionalism, The Florida Bar Ideals and Goals of Professionalism, The Rules Regulating The Florida Bar, The Standards of Professional Courtesy and Civility for South Florida, and the decisions of The Florida Supreme Court relating to professionalism and ethics within the Circuit. Additional information on the Panel is available on the Eleventh Judicial Circuit website at https://www.jud11.flcourts.org/SCSingle.aspx?pid=693.

In the present matter, a professionalism complaint was filed by Complainant (a member of the public) against Respondent Attorney, alleging unprofessional conduct related to an alleged improper and prejudicial withdrawal of representation. Complainant had retained Respondent Attorney for representation in a personal injury suit. The facts and circumstances pertaining to liability and damages were known at the time of the initial consultation/retention and remained unchanged throughout the course of the litigation. Respondent Attorney did not actively litigate the matter. A proposal for settlement was made by the opposing party. Respondent Attorney communicated the proposal for settlement to Complainant, which was rejected.

is nothing short of a hero. During a time of great national struggle, he consistently advocated and maintained that the Constitution guaranteed equality for all Americans–no matter what their race. To put it simply, Florida’s most respected jurist.”

In 1997, the historic United States Post Office and federal courthouse were renamed to honor Judge Dyer and the Dade County Bar Association created the David W. Dyer Professionalism Award. To this day the David W. Dyer Professionalism Award is the greatest honor bestowed by the DCBA and one of the few reserved for the DCBA’s annual installation of its officers.

Each year the DCBA Professionalism Committee, joined by the Executive Committee of the Dade County Bar Association selects one recipient of the David W. Dyer Award. Nominations are taken from those who may have benefitted or have

Respondent Attorney communicated to Complainant that the matter would be noticed for trial. Respondent Attorney noticed the matter for trial hoping to prompt an increased settlement offer. When it became clear that an increased settlement offer would not be made and as the trial date approached, Respondent Attorney sent Complainant a copy of a motion to withdraw. Respondent Attorney filed the motion with the court, declaring “irreconcilable differences” and a lack of prejudice. The Respondent Attorney’s motion to withdraw was granted. Respondent Attorney also sent Complainant a copy of the court’s order on withdrawal. Shortly thereafter, Complainant’s case was dismissed and attorney’s fees and costs, pursuant to the proposal, were sought.

Upon receipt of the Complaint, the Panel reviewed, screened, and investigated the matter. The Complainant and Respondent Attorney were individually contacted to discuss the complaint as well as to provide any additional information and/or supporting documentation. An informal hearing was noticed and held, during which Respondent Attorney voluntarily appeared before and fully cooperated with the members of the Panel. The Respondent Attorney admitted that the primary reason for withdrawal was the cost of taking the case to trial.

Following the aforementioned diligent and thorough investigation, the Panel came to a decision on November 26, 2014 and made the

been mentored by a lawyer whom the nominator believes best embodies the ideals Judge Dyer held so dear.

If you have been personally and professional impacted by a member of the Dade County Bar Association, honor them with an application submitted to the DCBA for consideration for this most prestigious award. Applications can be found at www.DadeCountyBar.org. The deadline for nominations to be submitted to the bar office is February 11, 2015. Take a moment to think of the lawyers and judges that impacted your life and your profession and the lives and professions of others and complete an application on their behalf. The time you spend on the application will certainly be less than the time the mentor invested in you. Questions about the application can be directed to Matthew Ridgely at the bar office at 305.371.2220.

Vivian M. Reyes, Esq., practices family law. She is a former Bar Counsel, representing lawyers in grievances and reinstatements before The Florida Bar and applicants before The Florida Board of Bar Examiners, a former Miami-Dade Assistant State Attorney and Bar Counsel prosecuting lawyer discipline cases for The Florida Bar.

following recommendations, all of which were discussed with the Respondent Attorney: 1) before filing suit, carefully review liability and damages and communicate your initial opinions to the client in writing; 2) before filing suit, provide the client with an initial cost estimate in the event the case must be tried; 3) in cases where you are unwilling to advance costs for litigation and trial, before a trial date is set, advise the client in person and in writing, obtain a signed acknowledgment from the client, and request a cost deposit from the client. If the client is unwilling to pay the costs, advise the client of your intent to seek withdrawal on this basis; 4) in order to ensure honesty and candor when seeking withdrawal, review the rules and law relating to “irreconcilable differences;” 5) when seeking to withdraw, file the motion and set it for hearing with ample time to allow the client sufficient opportunity to search for substitute counsel; and 6) when obtaining an order of withdrawal, immediately forward the order to the client via certified and regular mail.

The Panel thanks the Respondent Attorney, the Complainant, and all members of the local circuit for their cooperation with this process and their dedication to maintain the highest standards of professionalism in our community. Respectfully submitted, Eleventh Judicial Circuit Professionalism Panel


Dade Legal Aid’s Fifth Annual Patently Impossible Project On November 6, 2014, hundreds of South Florida intellectual property lawyers, law students, engineers, and other “techies” gathered at the Frost Museum of Science to support Dade Legal Aid while competing in the Fifth Annual Patently Impossible Project, an innovative race to assemble a patented invention. Spearheaded by Jaime Rich Vining, Chair of the Dade County Bar Association’s Intellectual Property Committee, the Patently Impossible Project is a signature fundraising event for Dade Legal Aid, the oldest civil legal services provider in the community. “It is amazing how much this event has grown over the last five years. I am so proud to just be a part of it,” said Vining, of Friedland & Vining. “This year, Akerman took the first place prize, with law students from the University of Miami School of Law coming in second place in the competition. It is always a lot of fun!” Armed with only a paper bag filled with tiny parts, a screwdriver, and a patent registration, the Akerman team was the first to successfully assemble a battery-powered duck, and the first to cross the finish line. Over 300 guests exuberantly cheered and placed “bets” on their favorite contestant, all while enjoying a cocktail reception sponsored by Heineken, National Beverage Corporation, and Zico and bidding on silent auction items donated by generous local businesses.

Dade Legal Aid is a non-profit organization that provides free legal services to low-income populations in Miami-Dade County. In practice for over 65 years, Dade Legal Aid has two components: in-house legal services and the Put Something Back pro bono program. Dade Legal Aid staff attorneys specialize in family law, domestic violence, guardianship, child and teen advocacy, housing, bankruptcy, foreclosure, and start ups. Through Put Something Back, law firms and volunteer attorneys work with clients in need of civil legal services. “The demand for legal services has never been greater due to the continuing economic challenges here in Miami-Dade County,” said Karen Ladis, Executive Director, “and we greatly appreciate the incredible efforts of Jaime Rich Vining, the entire Intellectual Property Committee, and everyone who attended and supported us so that we can provide a continuum of critical services to at risk children, teens, the elderly, victims of domestic violence, and other vulnerable members of our community.”

Karen Ladis, Jaime Rich Vining, Ashley Juchawski, and Mayra Joli.

First Place Winning Team, Akerman Senterfitt LLP: Rodger Traynor, Akerman Partner, Ted Traynor, Bill Brown, CEO, Bel Thermal Units, Inc., and Ryan Brown.

Emcee, Ethan Wall, founder of Social Media Law and Order.

Jaime Rich Vining and Honorable Paul Huck.

Students from St. Thomas University School of Law.

Second Place Winning Team, University of Miami School of Law Students: Adrienne Scheffey, Josh Williams, Francisco Villegas, Lauren Gonzalez, and Trisha Ojea. Winners Celebrate!

Action shots of the build.

SPONSORSBilzin Sumberg, LLP

Linq CompaniesSabadell United Bank

Veritext Legal Solutions ACCA - Assoc. of Corp. Counsel-

South Florida ChapterCole Scott & Kissane, PA

Russomanno & Borello, PAPanter Panter & Sampedro, PA

CorsearchGrossman Roth, PALott & Fischer, PL

Young Berman Karpf & Gonzalez, PAEdam Law, PLLCMargie MartinezPatent Vantage

Pinchasick Yelen Muskat Stein, LLCThemis Bar ReviewUS Legal Support

DLE Process Servers, Inc. South Florida Paralegal Assoc.


The Criminal Courts Committee of the Dade County Bar Association is accepting nominations for its annual Criminal Justice Award, which honors a person who has made an outstanding contribution to the Miami-Dade County criminal justice system at the state or federal level. The nominee may be a lawyer or a non-lawyer.

Previous recipients are: the Hon. Richard E. Gerstein, Irwin Block, Roy Black, the Hon. Katherine Fernandez Rundle, the Hon. Janet Reno, the Hon. Tom Petersen, the Hon. Bennett H. Brummer, Benedict P. Kuehne, the Hon. Kathleen Williams, Paul Mendelson, the Hon. Gerald Kogan, the Hon. Ted Klein, Rory Seth Stein, the Hon. Phillip A. Hubbart, the Hon. John W. Thornton, Jr., Rebecca Ann Cox, Margaret Virginia Henghold, the Hon. Stanford Blake, Beth Weitzner,

Dade County Bar Assosiation Criminal Justice Award

Call for Nominations

BY HONORABLE MILTON HIRSCH As the Civil War ground to its sanguinary conclusion, Abraham Lincoln’s mind was concerned with one thing above all others: a constitutional

amendment that would end American slavery – not as his Emancipation Proclamation had ended it, in the theater of military operations during the pendency of the rebellion, but from sea to sea, and for all time. The Senate readily voted for what would become the Thirteenth Amendment. But in the House of Representatives, it would come down to the last vote. And that last vote would be cast by Alexander Coffroth.

Coffroth was a Democrat from a heavily-Democratic, anti-war district in Pennsylvania. If he broke party lines – if he supported the constitutional amendment – it would likely mean his political, and perhaps personal, ruin.

On January 31, 1865, the vote was taken. When Coffroth’s name was

The Constitutional Cornercalled, he answered with these words: “If in casting this vote I am digging my own political grave, I will descend into it without a murmur.” And the Thirteenth Amendment became the law of land, ending American slavery not merely in the theater of military operations during the pendency of the rebellion, but from sea to sea, and for all time.

Alexander Coffroth lived a long life. Fittingly, he was the last survivor of those who served as pallbearers at the funeral of Abraham Lincoln.

The Honorable Milton Hirsch has been a judge of the 11th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law and at St. Thomas Law School. In 2013, he was the recipient of the “Gerald Kogan Judicial Distinction Award,” the highest award given to a member of the judiciary by the Miami Chapter of the Florida Association of Criminal Defense Lawyers. The above passage is an excerpt from Judge Hirsch’s Constitutional Calendar. If you would like to be added to the Calendar’s distribution list, please contact Judge Hirsch at [email protected] with your name and e-mail address.

Succession Planning... What’s at Stake?

What do you TRULY want to do with the rest of your life? If it is simply to play golf as long as you can, then you can stop reading, and I wish you plenty of sunny days to be able to do that. But if it is not... I beg you to tap into the passions you have or shall I say, “had” and find a “calling.” I will tell you that I have found mine and as long as I stay relevant I think I should be able to write and coach lawyers until the day that it no longer fuels me. Find YOUR calling... the one squelched by the demands of life and the profession. I am confident that

something is in there just waiting to get out... open the door! Think outside the box, think creatively, think back, think outrageously... be unreasonable! It takes vision and planning!

Cash out? Cashing out can take many forms, but the one thing they all

BY PAULA BLACK

Do you and your firm have a succession plan? Or maybe this sounds familiar: “I’ve been meaning

to think about it, but it always gets pushed to the side by the everyday demands of my practice.”

I met a partner from a small firm that said nearly everyone in the firm was approaching retirement in the next nine years. When I asked what their succession plan looked like, his response was typical... “Quite frankly we haven’t given it a thought.” I followed up with... “Will you close the doors when the last partner retires?” He shrugged his shoulders indicating that he didn’t know.

What is at stake if you don’t think about it before it is too late?

A life’s work just evaporates into thin-air, yes thin-air! Is that how you want to leave the profession that you dedicated your life to? I refuse to believe that is your intent. I think it is just a matter of no forethought. It’s the usual excuse that gets in the way of many things in our lives... “I’m too busy!” So, here’s what’s at stake...

Not being able to leave a legacy, because... you didn’t plan.

Not being able to do what you TRULY want to do, because... you didn’t plan.

Not being able to “cash out” because... you didn’t plan.

A Legacy? Think about the many law firms across the country big and small whose named partners are long gone... but they survived because of the stellar reputation of the founders and the firm culture they built. THAT doesn’t happen by accident... it takes vision and planning.

have in common is VALUE. So, I ask you... Are you creating value? Are you looking at your firm and your book of business through the lens of value? Build something that has value to someone... the trick is putting together the “something” with the “someone.” It takes vision and planning.

Don’t let your life’s work just evaporate into thin-air. Don’t let the last stage of your life just be about the activities you didn’t have time to do... make it about your purpose... your calling... or just for the shear fun of it!

Paula Black is a legal business development and branding expert, author, consultant and coach. She has advised individual lawyers and law firms around the globe on everything from powerful and innovative design to marketing and business development strategy and implementation. She is the award-winning author of “The Little Black Book” series and the Amazon-bestselling “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days.” For more information visit: www.inblackandwhiteblog.com or www.paulablack.com.

“Don’t let your life’s work just evaporate into thin-air.”

Robert Josefsberg, The Hon. Steven Leifman and Richard Sharpstein.

Nominations must include a biographical sketch of the candidate, a statement describing why you believe he or she is deserving of the Award, and any other supporting material you believe would be helpful to the Committee upon making its evaluation and selection.

Nominations must be received on or before Friday, January 30, 2015 at 5:00 p.m. and must be sent via e-mail to [email protected], or via U.S. Postal Service to:

William Aaron, ChairCriminal Justice Award SubcommitteeDCBA Criminal Courts Committee123 N. W. First Avenue, Suite 214Miami, Florida 33128


For more information visit www.dadecountybar.org

MARK YOUR CALENDAR

PRSRT STDU.S.POSTAGE

PAIDSOUTH FLORIDA,

FLPERMIT NO. 1110

Dade County Bar Association 123 N.W. First Avenue Miami, Florida 33128

DCBA OPPORTUNITIES

4500 MembersOpportunities to Get Involved

33 Committees Opportunities to Serve the Profession

100 CLE ProgramsOpportunities to Increase Your Knowledge

More Than 250 Events a YearOpportunities to Increase Your Referral Network

JANUARY 7Create Your 2014 Strategic Plan

Workshop with Paula Black

Location: Dade County Bar

Association

Time: 8:30 am

Member Admission: $195

JANUARY 8Family Court Committee Meeting


Association

Time: 12:30 pm

JANUARY 8Criminal Court Committee Meeting


Association

Time: 5:30 pm

JANUARY 8YLS Happy Hour

Location: Novecento Brickell

Time: 6:00-8:00pm

Admission: FREE

JANUARY 13Professionalism Committee

Meeting


Association

Time: 12:00 noon

JANUARY 13Real Property Committee Seminar

Location: Lawson Thomas

Courthouse

Time: 12:00 noon


Non-Member Admission: $30

JANUARY 15YLS Lunch With The Judges

Location: Hyatt Downtown

Time: 12:00pm-1:30pm

Admission: $35

JANUARY 22YLS CLE Seminar


Courthouse

Time: 12:00 noon

Admission: $35

JANUARY 23Legal Aid & Probate &

Guardianship Seminar


Courthouse

Time: 8:30 am

Admission: TBA

JANUARY 29Criminal Courts Judicial Happy

Hour

Location: Pride & Joy

Time: 5:30 pm

JANUARY 30General Membership Luncheon


Time: 11:30 am

Admission: TBA

JANUARY 31YLS Pub Crawl

Location: TBA

Time: TBA


Non-Member Admission: 20

FEBRUARY 3Professionalism

Committee Meeting


Association

Time: 12:00 noon

FEBRUARY 11 Criminal Court Committee Meeting


Association

Time: 5:30 pm

FEBRUARY 12Probate & Guardianship

Seminar/Meeting


Courthouse

Time: 12:00 noon



FEBRUARY 12Family Court Committee Meeting


Association

Time: 12:30 pm

FEBRUARY 13Investiture for

Judge Rodolfo A. Ruiz

Location: Dade County Courthouse

Time: 12:00 noon

FEBRUARY 15YLS Group Golf Lesson

Location: Miami Beach Golf Club

Time: TBA

FEBRUARY 17Real Property Seminar


Courthouse

Time: 12:00 noon



FEBRUARY 20Bench & Bar Conference


Time: 8:00 am



Documents

DCBA January Bulletin