THE DADE COUNTY BAR ASSOCIATION IN THIS ISSUE: The Third District Court of Appeal Rules Florida s Proposal for Settlement Laws Conflict With Federal Maritime Law Page 2 YLS President s Message: Past & Incoming Page 3 YLS Judicial Reception Page 4 Hey, Lawyers! The CYA Letter - You re Doing It Wrong Page 5 A Century of Service to Miami-Dade County Dade Legal Aid Page 6 Programs and Services That It s Not You, It s Me: When Banks Break up with Your Clients Because Help You GROW Your Practice, They are Wanted by INTERPOL FRP Seminar Page 7 GAIN Experience & GIVE Back BULLETIN PRESIDENT S MESSAGE Herman Russomanno III It is with great honor and privilege that I begin my term as the 98th President of the Dade County Bar Association. It is with great honor and privilege that I begin my term as the 98th President of the Dade County Bar Association (which is the largest voluntary bar association in the State of Florida, has over 30 Committees, and produces hundreds of events each year for our members and the legal community). In addition to the Association continuing to produce great programming, luncheons, seminars/cles, and our annual Bench & Bar (which hosted more than 800 judges and attorneys this past year), some of my bigger picture goals for the upcoming year focus on diversity, professionalism, and Pro Bono service. I want to continue to assure that our Association promotes and implements diversity, not only within our Association but also within our legal community s bench and bar. The DCBA is proud to have a diversified membership consisting of over 4,500 members, a diverse Board of Directors, numerous women who have served as President of the Association and the Young Lawyers Section, and the recent election of our 99th President, Jason Murray, who will be the Association s first black President. The Association has come a long way, but not far enough. We all need to continue to work very hard to implement diversity in all aspects of our lives and the legal community, and I am committed to leading our Association to do its very best to accomplish this goal. Civility and professionalism must be the cornerstone of our profession. Its importance is of such great weight that in 2011 the Florida Supreme Court, for the first time in decades, added language to our Oath of Attorney to recognize the necessity for civility in the inherently contentious setting of the adversary JUNE 2014 process. To further this goal, voluntary bar associations throughout Florida, including the DCBA, entered into a Joint Resolution Regarding Lawyer Civility, and this past May, the DCBA recently approved further resolutions in that regard. With this in mind, the DCBA promises to continue to promote the Oath of Civility and adherence to accepted standards of professional courtesy throughout our legal community. Why do Pro Bono work? Because it s the right thing to do. The Dade County Bar Association is proud to be associated with the Legal Aid Society & Office of Public Service (i.e. Dade Legal Aid), which handles thousands of Pro Bono cases for our Miami-Dade Community. But they cannot do it alone, so one goal this year is to encourage our members (which already contribute great Pro Bono assistance to Dade Legal Aid) to each take one Pro Bono case. We recently lost a great leader in Sharon Langer to retirement, but our new leader, Karen Josefsberg Ladis (who has been with Dade Legal Aid for years) has hit the ground running, and the DCBA looks forward to working with Karen and her team to increase our membership s Pro Bono participation. Finally, and on a more personal note, I am excited to be following in my father s footsteps in this Association, by being the first father and son who have been President of the Dade County Bar Association. I know I have very big shoes to fill, and I promise to work as hard as I can for this Association, and I look forward to serving as your President.
DADE COUNTY BAR ASSOCIATION Board of Directors 2013-2014 Officers Mary Leslie Smith, President* Herman J. Russomanno, III, President-Elect* Jason M. Murray, Vice President* Jeffrey A. Rynor, Secretary* Jordan A. Dresnick, Treasurer* Matthew J. Ridgely, Executive Director Johnnie M. Ridgely, Executive Director (1965-2006) Group One Pedro M. Allende Kayla Riera-Gomez Eric P. Hockman Jonathan Kaskel Natalie Rico Caitlin M. Trowbridge Group Two Zascha Blanco Abbott Gilbert K. Squires Monica F. Rossbach Adam J. Shapiro Elizabeth Ferry Effie D. Silva Group Three Tiffani G. Lee Sabrina Puglisi Stephanie L. Carman Katie S. Phang Jeff P. Cynamon Eric A. Hernandez Group Four Lisa Berlowe-Lehner D. Andrew Byrne Steven E. Eisenberg Robert B. Boyers David Alschuler Gregory P. Sreenan Group Five Richard M. Leslie Flora E. Seff Antonio Martinez, Jr. Jerome J. Kavulich Glenn B. Kritzer Jacquelyn P. Needelman Timothy M. Ravich, ABA Delegate 2012-2014 Young Lawyers Section Board of Directors 2013-2014 Officers Ethan Wall, President Geri Satin, President-Elect Joshua L. Wintle, Secretary Jacqueline C. Ledon, Treasurer 2012-2014 Directors Eric Bluestein Zachariah Evangelista Samir Ghia Stephanie Grosman Daniela Gordon Schuyler A. Smith Evian White 2013-2015 Directors Daryl A. Bloomberg Gregory d Incelli Jenna Fischman Berit Griffin Lacey Hofmeyer Mandy Mills Stuart J. Weissman The Bulletin Committee Jane Muir, Chair Mihai Vrasmasu, Vice-Chair 123 NW First Avenue #214 Miami, Florida 33128 305-371-2220 Ex Officio Sookie Williams The Third District Court of Appeal Rules Florida s Proposal for Settlement Laws Conflict With Federal Maritime Law BY ARMANDO G. HERNANDEZ On April 9, 2014, the Third District Court of Appeal issued an en banc opinion in Royal Caribbean Cruises, Ltd. v. Cox, Case No. 3D09-2712, 2014 WL 1385885 (Fla. 3d DCA Apr. 9, 2014). The case put to rest decades of unrest and tension between the status of Florida s offer of settlement law as interpreted by the Third District and federal maritime law. The Third District finally aligned itself with most of its sister courts and Florida s federal courts in holding that Florida s offer of judgment laws conflict with federal maritime law and do not entitle a prevailing party to recover attorney s fees. There is a protracted procedural history to this matter. The plaintiff, Mr. Bryon Cox, brought suit against Royal Caribbean in the underlying action to recover for personal injuries sustained while employed aboard a Royal Caribbean vessel. Mr. Cox asserted claims for Jones Act negligence, failure to treat, maintenance and cure, unearned wages and unseaworthiness. Mr. Cox served an offer of judgment pursuant to Florida Statute section 768.79 and Florida Rule of Civil Procedure 1.442. Royal Caribbean moved to strike the offer of judgment, arguing that section 768.79 conflicted with federal maritime law. In response, Mr. Cox cited Royal Caribbean Corp. v. Modesto, 614 So. 2d 517 (Fla. 3d DCA 1992), holding that the Florida statute providing for confidentiality of mediation proceedings was not preempted by maritime law and finding no conflict between Florida s rule of law regarding offers of judgment and federal maritime law. The Second District Court of Appeal has also applied the holding in Modesto to find that an injured seaman prevailing in a Jones Act suit was entitled to attorney s fees. See Juneau Tanker Corp. v. Sims, 627 So. 2d 1230 (Fla. 2d DCA 1993). The case proceeded to trial and the jury found in favor of Mr. Cox, who sought attorney s fees based on his offer of judgment. The trial court judge granted an award of $245,856.87 in attorney s fees pursuant to plaintiff s offer of judgment. The original appeal was taken from the trial court s order, which the Third District affirmed, relying on the rationale enunciated in Modesto. Although the court acknowledge[d] that the weight of federal authority support[ed] [the cruise line] s contention that... automatic feeshifting statutes such as Florida s offer of judgment statute may not be applied in admiralty cases because such statutes conflict with and interfere with the uniformity of federal maritime law as to attorney s fees, it held, nevertheless, that it was compelled to follow Modesto as binding precedent on this issue until the court reviewed the issue en banc. See Royal Caribbean Cruises, Ltd. v. Cox, Case No. 3D09-2712, 2012 WL 3587008, at *2 (Fla. 3d DCA Aug. 22, 2012). Royal Caribbean eventually moved for a rehearing en banc. The en banc panel consisted of Chief Judge Frank Shepherd and Judges Well, Suarez, Rothenberg, Lagoa, Salter, Emas, Fernandez, Logue and Scales. On rehearing, Royal Caribbean argued that the Third District should recede from its ruling in Modesto. The Third District stated a prevailing party is not entitled to attorney s fees under federal maritime law absent certain exceptional circumstances (i.e. bad faith) even when a state statute establishes entitlement. By way of background, and contrary to Modesto, several other state and federal courts have held that under federal admiralty law, the prevailing party is not entitled to attorney s fees... even when a state statute establishes an entitlement to fees. See Nicoll v. Magical Cruise Co., 110 So. 2d 98, 98 (Fla. 5th DCA 2013) (citing Misener Marine Constr., Inc. v. Norfolk Dredging Co., 594 F.3d 832, 841 (11th Cir. 2010)) (explaining that federal maritime law follows the American rule regarding attorney s fees); Texas A&M Research Found. v. Magna Transp. Inc., 338 F.3d 394, 405 (5th Cir. 2003); Am. Nat l Fire Ins. Co. v. Kenealy, 72 F.3d 264, 270 (2d Cir. 1995); Southworth Mach. Co. v. F/V Corey Pride, 994 F.2d 37, 41 (1st Cir. 1993); Su v. M/V S. Aster, 978 F.2d 462, 475 (9th Cir. 1992); Sosebee v. Rath, 893 F.2d 54, 56 57 (3d Cir. 1990); see also Garan, Inc. v. M/V Aivik, 907 F.Supp. 397, 400 (S.D. Fla. 1995) (finding that Modesto misconstrued the holding in Vaughan v. Atkinson, 369 U.S. 527, 82 S.Ct. 997, 8 L.Ed.2d 88 (1962), involving an exception for a discretionary award of attorneys fees in the maritime context when the nonprevailing party has acted in bad faith). Given the uncertainty Modesto generated, the issue of whether statebased recovery of attorney s fees is compatible with federal maritime law was ripe for clarification and decision. Ultimately, the Third District Court of Appeal receded from Modesto and finally clarified that Florida s offer of judgment statute conflicts with federal maritime law. The Third District stated a prevailing party is not entitled to attorney s fees under federal maritime law absent certain exceptional circumstances (i.e. bad faith) even when a state statute establishes entitlement. Cox, 2014 WL 1385885 at *7. Judge Lagoa, writing for the en banc panel, explained that federal substantive maritime law governs in seaman cases brought in state court. Id. at *4. Judge Lagoa expounded upon federal maritime law s adherence to the American Rule regarding attorney s fees, which provides that each party bear its own attorney s fees, absent an exception such as a federal statute, enforceable contract, or bad faith. Id. The Third District cited to Judge Ungaro s Order in Garan, which stated that the application of Florida s offer of judgment statute would frustrate the need for uniformity in the admiralty jurisdiction and is preempted by federal maritime common law. Id. at *6. One of the overarching and central tenets of maritime law is uniformity, which the recent en banc decision aims to serve. See Texas A&M Research Found., 338 F.3d at 405. The decision has the practical and immediate impact of rendering any already filed or pending proposals for settlement relying on Modesto in a maritime action nonenforceable. This ruling is especially significant given the prevalence of forum selection clauses in Miami, which is the epicenter of the cruising industry. The en banc decision is a neutralizer for both plaintiffs and defendants as the offer of judgment rule and statute can apply pressure and encourage settlement on both sides. The recent decision also impacts the already strategic choice-of-law decision and manner of pleading between admiralty and state substantive law. Armando G. Hernandez is an attorney at the Miami office of Rumberger, Kirk & Caldwell, P.A. and practices in the areas of products liability, admiralty, commercial litigation, and casualty defense. Email: ahernandez@rumberger.com 2 DCBA BULLETIN JUNE 2014
A Final Expression of Gratitude BY ETHAN WALL I am so grateful to have had the opportunity to serve you as the President of the Young Lawyers Section. My goal in life has always been to leave the world a little bit better than how I found it. I hope that through my service to the Young Lawyers Section I was able to further that goal. I will always cherish the interesting people I have met, meaningful experiences I have been a part of, and the opportunity to lend a helping hand to those in need during my bar service. I have done my best to lead our bar by example and make the most of our time together. A wise man once said (and by wise man I mean Zach Braff portraying J.D. in the television show Scrubs): we all want to believe that what we do is very important, that people hang on to our every word, that they care what we think. The truth is, you should consider yourself lucky if you even occasionally get to make someone - anyone - feel a little better. After that, it s all about the people that you ve let into your life. I have always believed this to be true, and would like to spend my final words thanking those people who let me into their life and have helped me along the way. I am so grateful to have had the opportunity to serve you as the President of the Young Lawyers Section. YLS Officers and Directors It has been a privilege to have the opportunity to serve with such a selfless and hardworking board of directors over the last five years. I am especially grateful for our dedicated officers: Geri Satin, your incoming president, Joshua Wintle, secretary, and Jacqueline Ledon, treasurer. The Young Lawyers Section has never seen better days than with you at the helm. I am so excited to see what each of you will accomplish in our bar association and in life. Thank you to our amazing board of directors Evian White, Daniela Gordon, Gregory d Incelli, Mandy Mills, Stuart Weissman, Lacey Hofmeyer, Stephanie Grosman, Jenna Fischman, Berit Griffin, Schuyler Smith, Daryl Greenberg, Samir Ghia, Eric Bluestein, and Zachariah Evangelista for always going above and beyond to lead our bar association. I am thankful for your outstanding efforts and proud to have served alongside you. DCBA Staff I am so grateful for our amazing bar staff. Executive Directors Matthew Ridgely and Alice Ramirez, along with Indra Rodriguez, Mario Iglesias, and John Moorman work tirelessly behind the scenes to ensure the success of our programs. I especially want to recognize Alice for all that she does for our young lawyers. Thank you for always being there for us. My Firm, Family, and Friends Thank you to my Richman Greer firm, my family, and my friends for allowing me to invest so much time into an endeavor that meant so much to me. I am especially grateful for all the wonderful young lawyers who took time away from their loved ones and firms to spend time with me at committee meetings, events, and community service projects over the years. I hope I made each of you proud. The Last Word Our time in life is limited and it is therefore so important that we spend our time doing the things we love, spending time with people we care about, and following our passions and dreams. I am so thankful that I could spend the last five years of my life with such wonderful people pursuing my passion of helping others and trying to leave the world a little better than how I found it. Thank you for allowing me to pursue that dream. Ethan Wall practices social media, Internet, and intellectual property law at Richman Greer, P.A. in Miami and may be reached at ewall@richmangreer.com. Incoming YLS President s Message BY GERI SATIN Most lawyers know the true meaning of this line from Shakespeare s Henry the Sixth, Part II; we know that it was actually meant to praise lawyers; to pay homage to attorneys and judges who instill justice in society. By removing the guardians of independent thinking and democracy, Shakespeare s rebels could nearly guarantee chaos and tyranny. Today, however, this phrase is used mockingly to express frustration with the complexity, turmoil, and expense associated with litigation and the practice of law. It is, indeed, a bit ironic that a phrase concerning the character of lawyers is open to such varying interpretation. One can imagine the The first thing we do, let s kill all the lawyers. field day some of our colleagues would have with this phrase in making a slew of contract interpretation arguments. But that is another conversation for another article. I bring up Shakespeare s oftmisused phrase to highlight the reality of a profession too often undervalued, dismissed, and misunderstood. Overcoming public fallacies about the profession while dealing with the pressures of everyday legal life can be a daunting task far more daunting when doing it alone. For nearly a century, the Dade County Bar Association has provided a sense of community to its 4,500 members. The DCBA has been, and continues to be, an unparalleled source for education, outreach, business development, and friendship for Miami- Dade legal professionals. Membership means that you are more than just dedicated to providing high quality legal services or interested in advancing your career. It means that you are a part of a built-in community of thousands of legal professions who share your wants, needs, goals, and concerns. For young lawyers navigating an increasingly unsteady legal market, the built-in community provided by the DCBA and, specifically, the Young Lawyers Section, is especially valuable. Each year, the YLS provides a constant stream of networking, mentorship, community service, and educational programming geared toward the needs of our YLS members. Our door is always open, and we are constantly working to ensure that young lawyers DCBA experience is relevant to their practice. I am very proud to represent an organization that has given me so much both personally and professionally. It is a great honor to serve as the incoming President of the YLS with people who have changed, and will continue to change, the face of justice in Miami- Dade County, Florida, and throughout the country. As we enter this 98th Bar year, I invite each of you to get more involved in our DCBA family. I look forward to meeting those of you I do not yet know, and continuing to work with those of you that I do. Here s to a great bar year! Geri Satin is the incoming President of the DCBA YLS and a jury consultant at Focus Litigation Consulting, LLC, specializing in mock trials, focus groups, jury selection, witness preparation, and juror decisionmaking research. Geri can be reached at gsatin@focuslitigation.com. www.dadecountybar.org 3
YLS Judicial Reception On April 17th the Young Lawyers Section hosted the 48th Annual Judicial Reception at the Hyatt Regency in Downtown Miami. This event brings together hundreds of lawyers and Judges and gives them the opportunity to network and socialize at the end of the day. Title Sponsors Jody Schulman and Michelle Calder with US Legal Support Jason Murray, DCBA Vice President and Rashad Collins Cole, Scott & Kissane, P.A. DLD Lawyers Grand Benefactor Grossman Roth, P.A. Benefactor Akerman LLP Arnstein & Lehr LLP Berger Singerman LLP Boies, Schiller & Flexner LLP Carlton Fields Jorden Burt, P.A. Diaz, Reus & Targ, LLP Foley & Lardner LLP Fowler White Burnett Greenberg Traurig LLP Kluger, Kaplan, Silverman, Katzen & Levine, P.L. Law Offices of Robert L. Parks, P.L. McLuskey & McDonald, P.A. Panter, Panter & Sampedro, P.A. Podhurst Orseck, P.A. Richman Greer P.A. Stearns Weaver Miller Alhadeff & Sitterson, P.A. U.S. Legal Support, Inc. Walton Lantaff Schroeder & Carson LLP Honorable Alex Ferrer, Lien Parra, Nataly Gutierrez and Honorable Norma Lindsey Honorable William Altfield, Grace Casas and Honorable Spencer Multack Avi Kaufman, Rachael Kaufman, Jason Kairalla and Merrick Gross, DCBA Past President Guests enjoyed chatting with one another over cocktails and hors d oevers Supporter Benedict P. Kuehne, P.A. Berk, Merchant & Sims, PLC Clarke Silverglate, P.A. Duane Morris LLP Hamilton, Miller & Birthisel LLP Harke Clasby & Bushman LLP Hicks, Porter, Ebenfeld, & Stein, P.A. Hinshaw & Culbertson LLP Kenny Nachwalter PA Lash & Goldberg LLP Law Offices of Mark Eiglarsh, P.A. Lott & Fischer, PL Needle & Ellenberg, P.A. Philip D. Parrish, P.A. Ratzan Law Group, P.A. Rumberger Kirk & Caldwell Sabadell United Bank Stanley M. Rosenblatt, PA Tabas, Freedman, And Soloff, P.A. The Murray Law Firm, P.A. Weiss Serota Helfman Patoriza Cole & Boniske, P.L. Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC White & Case LLP Berit Griffin, YLS Director, Schuyler Smith, YLS Director, Geri Satin, YLS President-Elect and Daryl Greenberg, YLS Director Marshall Adams, Honorable Angelica Zayas, Honorable Abby Cynamon and Honorable Shelley J. Kravitz Robert Vaughan, John Moore, Brian Lerner, Jay Kim and Josh Hartz, Past YLS President David Gay, Monica Rossbach and Barry Lapides Jacqueline C. Ledon, YLS Treasurer, Josh Hertz, and Evian White, YLS Director Special Thanks To Garcia & Associates PL Law Offices of Joshua J. Hertz PA Laura Stuzin, Honorable Lisa Walsh and Mark Eiglarsh Honorable Alan Fine, Stephanie Vega, Raquel Reyes-Lao and Estefania Baird Honorable Dawn Veronica Denaro, Honorable Stanford Blake and Lisa Goldberg Brett Rosen and Nina Conte Tiffany Anderson, Jared Kessler and Victoria Shanstrom Yamilet Hurtado, Andrew Kawel and Claudio Riedi 4 DCBA BULLETIN JUNE 2014 John Kozyak and Bob Parks Dan Newman, Scott Dimond, Honorable Ellen Leesfeld, Evan Brooks, Gilberto Baretto and Jorge Porro The room was filled with supporters of the DCBA Young Lawyers Section
Hey, Lawyers! The CYA Letter - You re Doing It Wrong BY ALEJANDRO DIAZ Recently, I visited my optometrist for my annual eye exam. After a standard examination, she suggested that I have my pupils dilated. Since I was in a rush to get back to the office, I politely declined. My optometrist then advised me of the risks associated with declining the examination, and I was immediately presented with an Against Medical Advice form, indicating that I had been informed of the risks associated with not undergoing the procedure and that I agreed to hold the doctor harmless if problems indeed developed as a result of my decision. Although just moments earlier I had casually declined the examination, upon being presented with the form, it occurred to me that if it was important enough to my optometrist that my decision be accompanied by a written waiver to document the record, perhaps I ought to reconsider. So I did, and had the examination performed. What does my trip to the doctor s office have to do with the practice of law? Plenty. Although handled more brusquely than I would recommend to my clients, we can steal a page from medical professionals. As a firm that specializes in legal malpractice defense, all too often, our lawyer-clients fail to send their own clients the proverbial CYA letter where a client fails to take the lawyer s advice. Why is that the case, considering every lawyer s advice to his non-lawyer friend is get it in writing!? Why the hesitation? There is a mistaken perception that such a letter can create tension in an attorney-client relationship, or otherwise introduce distrust into the relationship. Many attorneys believe that a CYA letter draws a line in the sand between what the client wants to do, and what the attorney recommends. The reasoning behind this line of thinking is the notion that the sole purpose of a CYA letter is self-serving. However, consider sending what we call the CYA-letter-that-isn t. Consider, for example, that the opposing party has served a proposal for settlement that you believe the client should accept. You discuss the proposal at length with your client, either in person or by phone. You advise the client that the proposal should be accepted and the ramifications of rejecting it. However, no written communication is ever provided to the client confirming that discussion, including the risks associated with rejecting the proposal, or why A thoughtful and thorough CYA letter should stress to the client that a particular strategy or decision is important, and that the failure to follow the recommended course may cause irremediable damage. The CYA-letter-that-isn t certainly helps to protect an attorney from future liability by documenting a client s refusal to accept the attorney s advice. In addition, however, as physicians have learned, this type of letter can help convey the gravity of a client s decision to ignore your advice. A thoughtful and thorough CYA letter should stress to the client that a particular strategy or decision is important, and that the failure to follow the recommended course may cause irremediable damage. This may cause the client to consider your advice with a greater degree of care and attention. This type of letter can also be used to help manage the client s expectations, both as to the eventual outcome of a case, as well as the expenses involved. you believe he should accept the proposal. Notwithstanding your advice, your client rejects the proposal for settlement and later an adverse verdict is rendered, exposing your client to a substantial attorney s fee and cost award. Many lawyers believe that the client would never complain at some later date that the attorney s advice and counsel regarding the proposal for settlement fell below the standard of care since it was discussed at length. Yet, suits involving the acceptance or rejection of proposals for settlement are common. Without appropriate documentation, in a later malpractice action, the client will invariably testify either that the conversation did not take place or that the lawyer failed to appropriately convey the potential consequences of accepting or rejecting the proposal. In this example, had the lawyer sent the CYA-letter-that-isn t, it would have greatly reduced (or eliminated) the likelihood of successful prosecution of the later malpractice action. What is equally important in many instances, however, is that your apparent need to document the file may cause the client to further assess your advice. In many instances, clients have reconsidered their original course of action and acceded to counsel s advice. Ultimately, this inures to the benefit of both the lawyer and the client. When writing the CYA-letterthat-isn t, explain to your client in practical terms why the issue is important, the ramifications of a particular course of action, and the available options. Do so in a cordial, relaxed, and personable manner befitting your relationship with your client. Never condescend. At the same time, however, be certain to note where the client is thinking emotionally, rather than logically. All of our clients are lawyers; they are comfortable in a courtroom except when they re on trial. So, let s take a page from medical professionals and document important strategies or decisions with an appropriate letter that may well cause the clients to reconsider important recommendations that are not being followed for all the wrong reasons. You may prevent an unfortunate but inevitable outcome - as well as a second lawsuit! Alex Diaz is an attorney at Klein Glasser Park Lowe & Pelstring, P.L., in Miami. His practice focuses on the defense of professional liability claims in state and federal courts, with an emphasis on claims involving legal malpractice, bar grievances and other claims brought against lawyers by former clients and/or opponents. www.dadecountybar.org 5
Putting Something Back BY KAREN JOSEFSBERG Each year, we proudly recognize attorneys who have gone above and beyond to give back to the less fortunate of our community through Dade Legal Aid s Put Something Back program. On May 9, 2014, these outstanding individuals received awards for their extraordinary commitment and selfless donation of time and talent to help make Access to the Courts a Reality for All. Dade Legal Aid truly appreciates the efforts of all 6,000+ dedicated lawyers, law firm stakeholders, voluntary bar associations and local law schools for providing protection to children, families, victims and other vulnerable residents. Debi Evans Galler Deborah B. Talenfeld This year s Bankruptcy Honorees are Debi Evans Galler & Deborah B. Talenfeld, attorneys for Berger Singerman, LLP, for sponsoring Bankruptcy Clinics in partnership with the Bankruptcy Bar Association and American College of Bankruptcy. They devote many hours helping economically disadvantaged individuals at these clinics by providing general legal advice on consumer bankruptcy issues, including the implications of bankruptcy. This year s Family Law Honoree is Sonja A. Jean, an associate at Greene Smith & Associates, PA, who accepts family law cases from Put Something Sonja A. Jean Back. Family law matters are often difficult to refer out to private attorneys so we are especially grateful to Ms. Jean for accepting these cases at times with very little notice. The Guardian ad Litem Honoree is David Alschuler, of David Alschuler, PA, who expends hundreds of hours on Guardian David Alschuler Ad Litem cases in foreclosure, family, dependency and minor settlement cases. Mohammad Suleman Siddiqi received the Guardianship Award for his handling of multiple guardianship matters. A newcomer to the practice, he is a role model for others in the profession. Mark J. Neuberger, Of Counsel with Foley & Lardner LLP, received the Human Trafficking Child Advocacy Award for his representation in numerous Pro Bono cases. He was instrumental in a foster youth case for a teen victim of abuse and human sex trafficking and her infant son. He spent over 200 hours so far helping this teen victim providing critical legal assistance. Each year, we recognize an Innovative Project. This year, Mayra Joli launched Fashion for Justice. In addition to assisting scores of indigent immigrants Mayra Joli Mark J. Neuberger seeking the American Dream, Ms. Joli, of The Joli Law Firm, donates hundreds of hours to help worthy causes. This year, she launched the first ever Fashion for Justice, to benefit Dade Legal Aid featuring high-end fashion designs and world-famous designers raising $5,000 for Dade Legal Aid and helping to launch Legal Aid s new Venture Law Project, sup[ported by a generous grant from the John S. and James L Knight Foundation. We also recognized an Outstanding Public Interest Attorney. Caren Lesser, a dedicated public interest attorney serving the Guardianship Program of Dade County, Inc., received the award for outstanding public service attorney. She handles thousands of guardianship cases in addition being actively involved in numerous organizations in the community. Robert W. Murray is the 16th recipient of the Richard C. Milstein Excellence Award for his exemplary leadership and service to Dade Legal Aid/Put Something Back as his firm s Pro Bono partner for many years. Also receiving recognition is David Mangiero, who received The Florida Bar President s Pro Bono Circuit Award earlier this year. Mr. Mangiero, a Partner with Palmer, Palmer & Mangiero, David Mangiero handles hundreds of complex probate, estate planning and guardianship cases. All we do cannot be accomplished without dedicated community partners. We count on all members of the community for support and goodwill. These outstanding community partners are extremely deserving of special recognition for going above and beyond for Dade Legal Aid and its clients year round. Whether it is collaborating on events or sponsoring seminars, we could not achieve success without: SABADELL BANK - Patrick Morris, Vice President, DBR - Sookie Williams, Joanne Beaudry, Patrick Morris Leon Barrocas, CASA VALENTINA - Deborah Sookie Williams D. Korge, Executive Director and BAGEL EMPORIUM & GRILLE - David Strawderman Deborah D. Korge The 29th Annual View from the Family Bench BY GERALD KORNREICH For the 29th year, Dade Legal Aid/ Put Something Back held its #1 top ranked family law seminar: The 29th Annual View from the Family Bench, presented by the Eleventh Judicial Circuit Family Division and Dade Legal Aid. The seminar took place Friday, May 16, 8:30 am - 12:30 p.m. at the Dade County Courthouse. A great number of attendees took advantage of this great opportunity to learn from the experts and attended the seminar which had a very informative and exciting agenda awaiting them; featuring such topics as: New Administrative Orders; Professionalism Administrative Order/Committee; How Judges Use Family Court Service; Judicial Roundtable: Perspectives on Family Law Proceedings, Professionalism and Ethics, and much more. The seminar was moderated by top attorney, Gerald I. Kornreich, Esq., of Kornreich & Associates, and featured a distinguished panel of judges and experts, including Honorable Sandy Karlan, Administrative Judge, Family Division. The seminar was free to all attorneys who were willing to accept a Pro Bono family law case. In addition, attendees were treated to a delicious complimentary breakfast courtesy of Bagel Emporium & Sabadell Bank. Overall, it was an excellent event, everyone enjoyed themselves and we thank all who took part for making it a great day! This event gives the family division judges the opportunity to thank those who volunteer their time and energy to serve as Guardians ad Litem for children in highly contested matters and to encourage others to sign up to be Guardians. It is also a forum in which attorneys and judges can share information about current issues in family law, said the Honorable Sandy Karlan. 6 DCBA BULLETIN JUNE 2014
It s Not You, It s Me: When Banks Break up with Your Clients Because They are Wanted by INTERPOL BY MICHELLE ESTLUND As the clients in our respective practices become increasingly global in both their personal and professional activities, we, as lawyers, should expect to see a corresponding increase in international concerns, even if we have primarily local practices. One of those concerns is the client who finds himself the subject of an INTERPOL Red Notice. This article focuses on one of the many collateral effects that may arise after a client has been designated as the subject of a Red Notice, and how the lawyer can assist the client. The Breakup One of the more inconvenient results of being the subject of an INTERPOL Red Notice is that your client s bank might break up with him. One of the more frustrating parts of that break up may be that the bank won t say exactly why. All financial institutions have their own policies (or should have them) regarding risk management practices. When a risk management department becomes aware that a customer has an existing Red Notice, it may decide that it no longer desires that person s business, even if the customer is unaware of the Red Notice s existence. Given that all banks are different, it is natural that each bank s approach to closing customer accounts differs. Some institutions may provide a specific reason for the closing of the account, while others simply refer to generalized suspicious activity as the reason. Still others advise from the very beginning of the banking relationship that they may close the account at any time for any reason, and then may do just that without saying more. The Warning Signs How does a financial institution know about the existence of a Red Notice? A majority of banks, credit unions, and other financial institutions subscribe to one or more services that allow them to check the financial history and activity of new customer applicants and existing customers. The financial institutions might use services such as IntelliCorp or Accurate Background, Inc. Think of these services as CARFAX for automobiles, or Equifax for credit history. They provide information from an array of sources, thus allowing an entity to make an informed decision about whether it should do business with an individual based on his history. If an applicant s name search reveals any information that renders him undesirable as a customer, the application to open the account may be denied. Likewise, if information of any suspicious activity by existing customers comes to the attention of banking officials, that customer may become undesirable. Suspicious activity may include: Check kiting from one bank to another Repeated transfers to nations with heavy fraud activity A customer being the subject of a Red Notice Any one of these grounds, among others, may cause a bank to advise the customer of the need to find a new financial home. Finding a bank that will accept such a customer could prove difficult and may necessitate the customer challenging the problematic Red Notice. When you know that a Red Notice is the reason for the closure of the account, it is easier to make a case for re-opening the account. Reconciliation vs. Looking Elsewhere So what is the subject of a Red Notice required to do, and how can his lawyer help? When you know that a Red Notice is the reason for the closure of the account, it is easier to make a case for re-opening the account. For example, if your client has been the victim of identity fraud, or has otherwise been mistakenly identified as a Red Notice subject, bringing proof of the misidentification to the bank s attention may allow for a reinstatement of the account. (Obviously, similar efforts to remove the Red Notice from INTERPOL s list would need to be made directly through INTERPOL, as well.) Even if the Red Notice is truly pending against a client who has been accurately identified, some financial institutions will allow a customer to keep an account open if the risk management department understands that the Red Notice is based on improper political motivation or that the Notice s validity is otherwise being challenged through INTERPOL. On the other hand, if the reason for the account closure is not given, or if it is stated as being based on suspicious activity, it may be wise to begin the inquiry process to determine whether a Red Notice does exist. Many clients have some inkling that they may be wanted by INTERPOL, but are so overwhelmed by that idea that they have done nothing to ascertain their status in INTERPOL s databases. If they can determine whether they are wanted by an INTERPOL member country as a Red Notice subject, the next step is to determine why the Notice exists, and whether it should be challenged directly through INTERPOL. This article was adapted from Michelle Estlund s posts in her INTERPOL-focused blog, the Red Notice Law Journal. For more information about Ms. Estlund and her Miami-based criminal and INTERPOL defense practice, visit www. rednoticelawjournal.com. FRP Seminar On May 3, 2014, the DCBA Paralegal Committee in partnership with Miami-Dade Legal Support Association presented a half day of informative and entertaining legal learning. Thank you Karen Chamberlain of Legal Learning Series, Amy Singer, Ph.D., Trial Consultant and Mark Eiglarsh, Criminal Attorney and Television and Radio Commentator for supporting paralegals and legal support personnel by sharing your vast knowledge. Angela Perez, Teri Jo Dumas, Karen George, Sylvia Sharp, Denise Powell and Sofia Espino Chelsea Thomas Nunez of Veritext Legal Solutions Thank you Network Reporting, University of Miami, Florida International University and Magna Court Reporting for your support. Karen Chamberlain Teri Jo Dumas, Mark Eiglarsh and Karen George Karen Chamberlain, Brian Cummins, Karen George and Teri Jo Dumas www.dadecountybar.org 7
DCBA OPPORTUNITIES Dade County Bar Association 123 N.W. First Avenue Miami, Florida 33128 PRSRT STD U.S.POSTAGE PAID SOUTH FLORIDA, FL PERMIT NO. 1110 4500 Members Opportunities to Get Involved 33 Committees Opportunities to Serve the Profession 100 CLE Programs Opportunities to Increase Your Knowledge More Than 250 Events a Year Opportunities to Increase Your Referral Network MARK YOUR CALENDAR JUNE 4 JUNE 6 JUNE 17 JULY 22 Real Property Seminar General Membership Luncheon Law & Technology Webinar Law & Technology Webinar Location: Lawson Thomas Location: Hyatt Regency Location: Online Location: Online Courthouse Member Admission: $49 Member Admission: $25 Admission: $25 Member Admission: $20 Non-Member Admission: $30 JUNE 4 Non-Member Admission: $59 JUNE 6 Legal Aid & UM Bankruptcy Law JUNE 21 DCBA Installation Gala Location: Mandarin Oriental JULY 31 Labor & Employment Law Seminar Location: Bankers Club Law & Technology Security Clinic Time: 7:00 pm Time: 11:30 am Seminar Location: TBA Admission: $175 Member Admission: $45 Location: UM Law Alumni Center Time: 1:00 pm Member Admission: $50 Time: TBA JUNE 7 JUNE 27 Family & Bankruptcy Law Seminar Non-Member Admission: $55 Non-Member Admission: $60 YLS Kayaking Excursion Location: Bankers Club JUNE 5 Location: Oleta River State Park Time: 10:00 am Time: 8:30 am Member Admission: TBA Probate & Guardianship Seminar Single Rental: $35 Non-Member Admission: TBA Location: Lawson Thomas Courthouse Tandem Rental: $41 JUNE 11 JULY 12-14 Board Retreat Member Admission: $10 Labor & Employment Law Seminar Location: The Breakers Hotel West Non-Member Admission: $20 Location: Bankers Club Palm Beach JUNE 6 Time: 11:30 am Member Admission: $45 JULY 18-20 Professionalism ½ Day CLE Non-Member Admission: $55 YLS Board Retreat Location: Hyatt Regency Time: 8:00 am JUNE 11 Location: The Breakers Hotel West Palm Beach Member Admission: $69 YLS Board Meeting Non-Member Admission: $89 Location: The Filling Station Time: 6:00 pm ENJOY YOUR SUMMER! For more information visit www.dadecountybar.org 8 DCBA BULLETIN JUNE 2014