ESRBA 50th Anniversary News from the Court The Bottom Line New Normal
p. 8 p. 17 p. 19 p. 21
Leaving a Lasting Legacy R E M E M B E RING FR E D LE V IN
Spring 2021 | VOLUME 10, ISSUE 1 | ESRBA.COM
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Contents
Escambia-Santa Rosa Bar Association 260 South Tarragona Street, Suite 160 Pensacola, FL 32502 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009
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Executive Director Jeff Nall jeff@esrba.com
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Member Services Coordinator Noah Jones noah@esrba.com Lawyer Referral Service Marilyn Kelley lrs@esrba.com
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Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor. Due date for all advertisements, articles and announcements is the first of the month for the issue you wish to advertise in. Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing. The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely. Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.
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From the President
Page 5
Announcements
Page 6
On the Move
Page 7
ESRBA 50 Anniversary
Page 8
Member Discounts
Page 10
Young Lawyer’s Division
Page 11
Fred Levin: Leaving a Legacy
Page 12
The Practice of Patience: Working with Family
Page 14
Report from the Board of Governors
Page 16
News from the Court
Page 17
News from the Clerk of the Circuit Court and Comptroller
Page 18
The Bottom Line
Page 19
Argo Corner
Page 20
New Normal
Page 21
th
Gerald McGill Caroline Peterson Noah Jones Sheryl Lowenthal
Charlie Penrod Codey Leigh Jodi McArthur Allison Newton
Shekka Drayton Christine Kelly Fausel Garrett Hallbauer Dakota Parks
Owner Malcolm Ballinger Publisher Malcolm Ballinger Executive Editor Kelly Oden Editor Gina Castro Art Director Guy Stevens Graphic Designer & Ad Coordinator Garrett Hallbauer Assistant Editor Dakota Parks Sales & Marketing Paula Rode, ext. 28 Becky Hildebrand, ext. 23 Visit our Website at.ballingerpublishing.com Editorial Offices: 314 North Spring Street, Suite A Pensacola, Florida 32501 850-433-1166 | Fax 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher. Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2021 Ballinger Publishing. All Rights Reserved.
Spring 2021 | 5
From the President Happy 50th Anniversary! As we celebrate serving our members for fifty years, I would like to thank all our members past and present. You make ESRBA the strong, relevant association that it is. I encourage you to read the article on page 8 that highlights the history of the EscambiaSanta Rosa Bar Association. As you reflect on our history, I invite you to imagine how your engagement can strengthen our collegiality within the profession through our shared commitment to service.
by Heather Lindsay
We also want to celebrate you by designating March 2021 as Member Appreciation Month. Daily activities throughout the month have been scheduled, and we hope you can participate. In looking back on the last year, I am grateful for the way in which we as an association, and the legal community, have worked together to move forward in ways that have fostered creativity and camaraderie despite the pandemic. One of our most recent ways to promote collegiality is the creation of the ESRBA Book Club. Last month we gathered virtually to discuss How to Think by American essayist Alan Jacobs. The conversation was enjoyable as well as thought-provoking. We invite you to share your book ideas and participate in this activity. Another initiative to further add value to your membership is our Member Discount Program. You, and your firm, can take advantage of special pricing and discounts from national brands such as American Express, Hotelogical, Office Depot, Priceline, and Verizon through a partnership with National Purchasing Partners as well as Caseroads, Digital Boardwalk, Documate, Gravity Legal, Phipps Reporting, and Red Cave Law Firm Consulting. Please check esrba.com/for-attorneys/member-discounts/ for the most recent list of partners. Please join me in expressing appreciation to ESRBA Vice President Garrett LaBorde for championing this effort. Service to you, our members, is the foundation of the Association. As we all continue to work together through the challenges of these times, we are contributing to ESRBA’s mission to preserve and promote Escambia and Santa Rosa counties as a unique place to practice law in a culture of camaraderie, collegiality, competence, and mutual trust. Your steadfast commitment to your association allows ESRBA to continue its service to the bench and bar. We thank you for your continued engagement. You feedback and ideas are always welcome. I look forward to hearing from you.
6 | The Summation
Announcements The Escambia-Santa Rosa Bar Association
Executive Council Officers President Heather F. Lindsay Vice President Garrett P. LaBorde Secretary Aaron T. McCurdy Treasurer Christine A. Kelly Fausel Immediate Past President Warren R. Todd Executive Council Shekka Drayton Jessica Etherton Rebecca Gilliland Joe Kirkland Frederick V. Longmire Stephen Luongo Cecily M. Parker Joseph A. Passeretti Haley VanFleteren Young Lawyer Representative Travis Morock
Member Appreciation Month and ESRBA’s 50th Anniversary To say this has been a challenging year would be an understatement. However, we as an association and legal community have worked together to move forward in ways that have fostered creativity and comradery despite the pandemic. We thank you for your steadfast commitment to your association. You are what makes ESRBA the strong, relevant association that it is. To celebrate this dedication, the March of 2021 will be Member Appreciation Month. This also coincides with the 50th anniversary of ESRBA, which was officially formed on March 12, 1971. To commemorate this achievement, ESRBA members will receive a 50% discount in the CLE library (cle.esrba.com). Message from First Judicial Circuit Chief Judge John Miller First Judicial Circuit Chief Judge John Miller has determined that, due to continued constraints necessitated by the COVID-19 pandemic, civil jury trials will not be held in Escambia County and Santa Rosa County until June 1, 2021, at the earliest. Circuit leadership will reassess the situation in approximately 45 days to determine whether June 1 is a feasible date for resumption of civil jury trials, and will provide any available updates as soon as possible. May Appointments to be Filled Florida Legal Services, Inc. Board of Directors: One lawyer to serve a threeyear term commencing July 1, 2021. This 15-member board provides judicial advocacy through co-counseling with local program attorneys and volunteer pro bono attorneys and provides legislative and administrative advocacy on policies impacting the legal rights of the poor, as well as providing civil legal assistance to indigent persons who would not otherwise have the means to obtain a lawyer. Persons interested in applying for this vacancy may download the Application for Special Appointment (https://bit. ly/3qxmV76) or call Bar headquarters at 850-561-5757, to obtain the application
form. Completed applications must be received by the Executive Director, The Florida Bar, 651 E. Jefferson St., Tallahassee, Florida, 32399-2300 or submitted via e-mail (specialapptapp@ floridabar.org) no later than the close of business on Friday, April 16, 2021. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews. 2021 Family Law Bench/Bar Conference More than 50 attorneys from across the First Judicial Circuit and members of the judiciary gathered virtually for the 2021 Family Law Bench/Bar Conference on Friday, February 19. It was a very interactive session moderate by Stephen T. Holman, co-chair of the ESRBA Family Law Committee. Attending heard from presenters Chief Judge John L. Miller, Judge Lacey Powell Clark, Judge Stephen A. Pitre, Judge Ross M. Goodman, Judge J. Scott Duncan, Magistrate Michelle A. Inere, Hearing Officer Mark Rubin, Magistrate Keith A. McIver, and Judge John F. Simon. Presentation topics included practical tips for presenting evidence in timesharing disputes, practice tips for Zoom hearings, recent appellate decisions, professionalism for family law attorneys, division preferences and domestic violence cases, financial affidavits, practice tips for litigating DOR cases, calculation of child support in family law cases, and the relationship between domestic violence cases and family law cases. The conference wrapped up with a robust question and answer period. Special thanks go out to Judge Stephen A. Pitre, Stephen T. Holman, Gayle Ryba for their hard work to bring the conference to fruition. If you were unable to attend, the entire conference is available in our online, on-demand CLE library. Correction There is a mistake in the 2021 Escambia-Santa Rosa Bar Association 2021 Directory, in that Adams White is not Board Certified in the areas of Civil Trial Law and/or Construction Law.
The Escambia-Santa Rosa Bar Foundation
Board of Directors Officers President Adrianna Spain Vice President Shekka Drayton Secretary & Treasurer John “Buz” Windham Directors Stephen Echsner Kristin Hual Heather Lindsay (ESRBA President) Sheldon Bernau Jodi Dubose Jeremy C. Branning Steve Traylor Patrick Martin Warren Todd Cameron Gore Escambia-Santa Rosa Bar Association Young Lawyers Division
Board of Directors Officers President Travis Morock Vice President Andrew Spencer Secretary & Treasurer Michelle Nguyen Past President Kelsey Stone Directors Caitlyn Miller Cecily Parker Logan Sliva
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Spring 2021 | 7
On the Move Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A, the nationally
recognized leader in personal injury and mass tort litigation, will now be known as the Levin Papantonio Rafferty law firm. The name change comes after the recent retirements of shareholders Leo Thomas and Clay Mitchell, and also shareholder and firm vice president Robert Blanchard. The firm says goodbye to three contributors who helped make them the success it is today, and honors other attorneys who have also made significant contributions: Troy Rafferty, Virginia Buchanan, Tim O’Brien, Brian Barr and Peter Mougey. Several ESRBA members
have been listed on inWeekly’s Rising Stars 2021 list. Those members are Ashley Maris Armstrong of The Watson Firm, PLLC; Anna-Marie Forshee of Moorhead Real Estate Law Group; Geoff Joseph of Crawford Law; Sara Papantonio and Michael Bixby of Levin Papantonio Rafferty; Adam Royal of Beggs & Lane, RLLP; and John Terhaar of Emmanuel Sheppard & Condon. LaBorde Legal Group and 2 South Florida law firms, Marshall Grant and Rice Pugatch Robinson Storfer & Cohen
announced they have merged
to form Lorium Law, a 22+ attorney law firm with offices in Ft. Lauderdale, Boca Raton, Pensacola, Chicago and North Carolina. ESRBA Vice President Garrett LaBorde is the Pensacola Managing Attorney. His office is located at 21 South Tarragona Street, Suite 103, Pensacola, FL 32502. He can be reached at (850) 366-2376 and www. loriumlaw.com. Fred Gant and Mike Papantonio are both
2021 Living the Dream Honorees. The purpose of Living the Dream Pensacola is to recognize community members for their work exemplifying the ideals of Dr. Martin Luther King Jr.’s “Living the Dream” speech.
Moves After Hurricane Sally hit our area, John Mahoney departed Conroy Simberg law firm and joined The Morgan Law Group (MLG) to serve those impacted by the storm. John’s legal focus for the past few years has been Hurricane defense work, so the transition to plaintiff side was natural for him. He looks forward to helping people from his new, downtown office located at 25 West Cedar Street, Suite 535, Pensacola, FL 32502. He can be reached directly at (786) 706-8992 or via email at jmahoney@ morganlawgroup.net.
M. Melissa Smith announces that she has departed Spencer Law and has started her own small firm practice as founder of M. Melissa Smith, PA, where she will continue to focus on Family Law and Domestic Relations matters. Her office is located at 331 E. Romana Street, Pensacola, FL 32502. She can be reached by phone at (850) 434-3111 and by email at melissa@ melissasmithpa.com. Robert Powell is now with the Moorhead Law Group. His office is located at 127 Palafox Place, Suite 200, Pensacola, FL 32502. He can be reached at 850-466-4093 or rpowell@moorheadlaw.com. John M. Kvartek, Attorney PLLC is now located at 4505 Woodbine Road, Pace, Florida 32571. Their phone number is 850-912-6122.
New Members Constance Burri Wade, Palmer & Shoemaker cburri@wpslawyers.com Amanda Edge Office of Criminal Conflict Counsel amanda.edge@rc1.myflorida. com Makenzie Ervin Lloyd, Gray, Whitehead & Monroe, P.C. mervin@lgwmlaw.com William Hahn Wade, Palmer & Shoemaker whahn@wpslawyers.com Bernie Mazaheri Mazaheri & Mazaheri bernie@thelaborfirm.com Gabriel Mueller Law Offices of Ryan Cardoso, PLLC gabe@cardosolawyer.com Sara Papantonio Levin Papantonio Rafferty spapantonio@levinlaw.com Gregory Rettig Lloyd, Gray, Whitehead & Monroe, P.C. grettig@lgwmlaw.com
Mark. R. Whittaker’s new mailing address is 637 Lakewood Road, Pensacola, FL 32507.
On the Move submissions may be sent to esrba@esrba.com
8 | The Summation
Escambia-Santa Rosa Bar Association Celebrates 50 Years of Service to Its Members by Jeff Nall, Executive Director
T
he Escambia-Santa Rosa Bar Association (ESRBA)
was chartered on March 12, 1971 as a 501(c)(6) nonprofit organization dedicated to serving its members in the twocounty area. Throughout its history, it has remained true to its mission: to provide outstanding service to its members, to assist them in serving the profession and the community, to make the association indispensable to the bench and bar and to preserve and promote Escambia and Santa Rosa counties as a unique place to practice law in a culture of camaraderie, collegiality, competence and mutual trust. It was not, however, the first local bar association involving lawyers from Escambia and Santa Rosa Counties. ESRBA was preceded by The Society of the Bar of the First Judicial Circuit, which was chartered as a non-profit corporation by order of the then Circuit Judge, Thomas F. West, dated July 25, 1929, with the following officers: Philip D. Beall, Sr., president; L.L. Fabisinski, R.A. McGeachy, T.R. James, and S. K. Gillis, vice presidents, and John M. Coe, secretary-treasurer. These six, plus Purl G. Adams, D. Stuart Gillis, and Sam Pasco were designated as the Executive Council. A
total of 19 lawyers signed the petition for incorporation. When the Society was chartered in 1929, there was estimated to be fewer than 75 lawyers in the entire First Judicial Circuit. Law office locations were confined to the four county seats. With some irregularity, the Society met monthly, rotating locations among the four counties. The original 1929 charter of the Society provided for the non-profit corporation to exist for a period of 99 years. A later proposed amendment would have changed this to “perpetual existence.” However, by 1971, there were two separate bar associations in the First Judicial Circuit, the Okaloosa-Walton Bar Association and the Escambia-Santa Rosa Bar Association. After a few years, the Society ceased functioning. What we know today as the Escambia-Santa Rosa Bar Association sprang from an organizational meeting on January 14, 1971. According to the minutes, William H. Anderson acted as chairman and Fletcher Fleming acted as secretary. Joe Tarbuck, Thurston Shell and Bill Wiltshire were nominated for the off ice of president. A vote by show of hands was taken with Thurston A. Shell and Joseph Q. Tarbuck
receiving the greater number of votes. Thereupon, a run off was had with Thurston A. Shell receiving the majority of votes cast. Thurston A. Shell was elected as president of the Escambia-Santa Rosa Bar Association. Joseph Q. Tarbuck was nominated as vice president and there being no further nominations, Joseph Q. Tarbuck was unanimously declared and elected as vice president. Donald H. Partington was nominated as secretary and there being no further nominations, Donald H. Partington was unanimously declared and elected as secretary. Larry Hipsh, Charles Sherrill, and Alan Rosenbloum were nominated for the off ice of treasurer. Charles C. Sherrill, having received a majority
of votes cast, was elected to the off ice of treasurer of the Association. A motion was made, seconded and passed that members of the Executive Council be elected by plurality vote. Thereupon, George Lowery, W. H. F. Wiltshire, Gerald Brown, William Guy Davis, Jr. and William H. Anderson were nominated for the off ice of Executive Council. George Lowery and William H. Anderson, receiving the greater number of votes cast, were elected as members of the Executive Council. Frank Winn, Roger Sherman, Bob Hart, and Joe G. Hosner were nominated for the position upon the Executive Council which must be held by an attorney having less than
Spring 2021 | 9
f ive years experience. Roger Sherman, having received the greater number of votes cast, was elected to this position on the Executive Council. Thurston A. (T. A.) Shell served as president for three years (1971-1974). He was followed by Donald H. Partington, who served for one year (1974-1975). The last among the founding group to serve as ESRBA president was Robert D. Hart, who served for one year (1986-1987). Since its inception, ESRBA has continued to grow under strong leaders and an engaged membership. In addition to creating new programs and services for its members, its growth also includes the establishment of a philanthropic arm of the ESRBA, the Escambia – Santa Rosa Bar Foundation. Chartered in 1985 as a separate 501(c)(3) charitable organization, the mission of the Foundation is to foster: greater accessibility to the judicial system; improvements to the overall quality of the administration of justice; law-related education and increased public awareness of the judicial system; and, improved management and operation of the court system. Over the years, the Foundation has done much more than just grow its endowment. It has served as a conduit for ESRBA-related fundraisers to help area organizations and programs,
as well as awarded grants for various endeavors. In 2005, the ESRBA Young Lawyer’s Division (YLD) was created to provide opportunities to network with fellow new lawyers, to stimulate and encourage the interest and participation of division members in the purposes of Escambia-Santa Rosa Bar Association and to perform community service. The YLD has long supported Families First Network’s Breakfast with Santa and Operation Santa, both designed to spread Christmas
Original minutes from the first ESRBA meeting, January 14, 1971.
joy to children who have experienced trauma and loss. Ironically, we find ourselves celebrating ERBA’s milestone anniversary during challenging times that have restricted us from gathering as would like. However, it has required the Association, was well as its members, to exercise creativity, innovatively adapt how we deliver member services and develop resiliency. All of the challenges we have met will make us stronger.
Whether virtual or in person, we strive to provide our members with the best customer service, exclusive members-only benefits and opportunities for professional development and networking. We are all in this together and there has never been a more important time for community. We thank you for your steadfast commitment to your association. You are what makes ESRBA the strong, relevant association that it is. Happy 50th Anniversary ESRBA!
10 | The Summation
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Digital Boardwalk
Award-winning technology services for firms of all sizes. ESRBA members can achieve reliability, security, and peace of mind through special pricing from Digital Boardwalk, recently named one of the top managed service providers in Florida on the prestigious 2020 annual Channel Futures MSP 501 rankings. The ESRBA-exclusive offer is extended on new recurring and non-recurring services including managed I. T. and subscription services, support, installation fees, labor, and more. Sign up at https://www.digitalboardwalk.com/esrba.
Documate
Documate is an easy-to-use, powerful document automation platform for building both internal and client-facing tools. It allows for complex conditional logic, numerical/date calculations, collecting lists, payment/signature/CMS integrations, client-facing capabilities, client portal and whitelabeling to build your own “TurboTax” for law. Get 10% off and a free trial with code ESRBA10. Visit www.documate. org or book a live demo here (link: https://www. calendly.com/documate).
Gravity Legal
Get paid faster, reduce your accounts receivable, take electronic payments into trust, accept credit card, debit cards, and eCheck and integrate with many of your existing systems. Gravity Legal is the financial payments and money management platform for innovative entrepreneurial attorneys and law firms. ESRBA members have the option of two compelling pricing plans and receive a year of free ACH(eCheck) on transactions up to $15,000. Sign up at gravity-legal.com/esrba.
Phipps Reporting
Phipps Reporting is your one-stop shop for your litigation needs: court reporting, process serving, video recording, interpreting services, case management, trial litigation support, on-line notary services. Offices from Miami to Panama City; satellite offices worldwide. Contact Joann Gore, Business Development Director, to schedule FREE training or services: jgore@phippsreporting.com, 850-610-0227.
Red Cave Law Firm Consulting
Members can access world-class business management consulting for law firms at an exclusive discount. We can help you to build a modern law firm, get efficient and increase your revenue. Start today! redcavelegal.com/esrba.
National Purchasing Partners (NPP)
Through a partnership with National Purchasing Partners (NPP), ESRBA members can receive discounts and special offers from the national retailers listed below. NPP is a B2B marketplace where members can save on products and services they use every day. Membership with NPP is FREE. To access the discounts listed below and more, enroll your company today!
American Express
Business cards for companies of all sizes. Get built in tools, perks and rewards for businesses like yours – backed by the award-winning customer service and support of American Express. Choose the right solutions for your business. Sign up and save at mynpp.com/association/esrba/.
Hotelogical
Receive up to 70% OFF hotels and resorts worldwide with a FREE access to Hotelogical’s unpublished, member-only rates. Start saving with special member deals at mynpp.com/association/esrba/.
Office Depot
With more than 16,000 in-stock office supply products, Office Depot products and services meet the needs of NPP members nationwide. Sign up and save at mynpp.com/association/esrba/.
Priceline
NPP members save up to 25% on select hotels when packaged with a rental car, flight or additional hotel booking. Sign up to access deeply discounted hotel deals worldwide at mynpp.com/ association/esrba/.
Verizon Wireless
Eligible businesses can receive 22% OFF monthly access fees* and up to 35% OFF select smartphones, tablets and accessories. Enroll your business and start saving with the nation’s largest, most reliable 4G LTE network at mynpp.com/association/ esrba/.
For more information and details pertaining to ESRBA’s Member Discount partners, please visit esrba.com/for-attorneys/member-discounts/.
Business participation in the ESRBA Member Benefits & Discount Program does not constitute endorsement, recommendation or favoring by ESRBA.
Spring 2021 | 11
Young Lawyer’s Division by Travis Morock
I
’m glad to report that the ESRBA’s Young Lawyers Division had some
successful events last quarter and have continued its long tradition of providing opportunities to network with fellow new lawyers, and to encourage participation in community service through various projects and events. This past quarter the Young Lawyer’s Division partnered with the Northwest Florida Chapter of the Florida Association of Women Lawyers to host a happy hour social and fundraiser for the benefit of our local Manna Food Bank. The event was outdoors, where social distance guidelines were followed, and where members could donate nonperishables that they gathered that month. I am glad to report that the Young Lawyer’s Division and Florida Association of Women Lawyers donated over 128 pounds of food. The donations collected will be able to provide 142 healthy meals to those in need! This past Christmas season, the Young Lawyer’s Division participated in Operation Santa. Operation Santa is
an annual event organized by Families First Network, in which toys and other children’s items are provided to those little ones who have experienced abuse or neglect. The Young Lawyer’s Division was able to sponsor and shop for five children this year. Our members shopped using the children’s wish lists to ensure that the children know someone is thinking specifically about them on Christmas morning. All the members who participated in helping shop for the children were able to experience this cause for the first
time themselves, as it was everyone’s first time participating in Families First Network’s Operation Santa event. This was such a heartwarming, fun experience of giving back, that my wife and I plan to participate in Operation Santa annually as a result of this event. With the warm weather around the corner, the Young Lawyer’s Division hopes to host a springtime networking event and continue participating in more charitable community causes.
12 | The Summation
Leaving a Legacy Built to Last
for the death of a wage earner. The biggest wrongful death verdict in the country.” After the enormous verdict, Levin was invited to be a part of an elite group of attorneys called the Inner Circle of Advocates and he was featured in People Magazine, as well as other national publications like the Wall Street Journal and prominent legal journals. The case made headlines not only for the amount, but also because it was one of the first times a structuredsettlement was used in a personal injury case, which has since become common place.
Attorney Fred Levin on Practicing Law and What’s Next for His Firm by Mollye Barrows
T
he late legal legend Fred Levin sat down for an interview on his larger-than-life legacy just a few months before he passed on January 12, 2021, due to complications from COVID-19. Before the coronavirus hit last year, the headline making attorney was still heading into the office every day and working cases. Fred Levin built his career on innovation, hard work and perseverance; qualities he said remain instilled in Levin Papantonio Rafferty, the practice he helped build into a national law firm. Fred Levin approached every case expecting to win and whether he was trying a multi-million dollar personal injury case or settling a small insurance claim, he put in the time, work and research it took to be prepared for anything that would stop him from achieving victory for his client. He wasn’t hindered by what others expected or how much was at
stake; he plowed ahead anticipating victory, and it’s that innovative drive that helped him succeed. Last fall, he talked about some of his favorite cases and what he sees as the future of personal injury law, including for his own firm. “When a client came to see me they got it all, there was no B.S., even on the smallest of cases they got full preparation,” explained attorney Fred Levin. “You can ask the judges. Judge Blanchard, who the Pensacola judicial building is named for, he wrote the bar that I was the best in this area and I was best in the State of Florida, maybe even in the nation, as a trial lawyer. It’s not because I had anything special, it’s because of preparation.” It was preparation and innovation that launched him from everyday personal injury attorney to the cover of People magazine in 1980. That’s when Levin won the biggest wrongful death verdict in the country. A Pensacola doctor and his wife died after an L & N train derailed and spilled anhydrous
ammonia near their home and they were unable to escape the toxic fumes. Their two young children survived, but were seriously injured. Levin and his team were able to show similar accidents had been happening on a regular basis, but until the accident involving Dr. Jon Thorshov’s family, no one had been killed or injured. Despite previous complaints about trains going too fast, little to no action had been taken to remedy the problem that was causing the trains to derail. Fred Levin made his case in court and won. “We’d been offered two million dollars to settle both death cases and I just thought it was worth a lot more. I worked it like crazy. We knew it was going to be a big case. The train shot the track. Two deaths. Dr. Thorshov died immediately and then his wife died 75 days later and they left two children, a boy and a girl,” Levin recalled. “We ended up getting over $18-million. It was at the time the largest verdict for the death of a housewife in the country and it was also the largest verdict
It was the beginning of what would become a long list of innovative achievements both in and out of the courtroom including orchestrating the legislation that led to Florida’s class action lawsuit against Big Tobacco, resulting in a $13.2 billion settlement; his $10 million dollar donation to the University of Florida in 1999 was the largest private contribution to any law school at the time and resulted in the school being named after him and propelling the Levin College of Law to where it is today; and even his groundbreaking legal advertising. Fred’s popular “I’ll Personally Return Your Call” ad campaign was named the best legal ad in the country by a national marketing agency and later, after becoming frustrated with the cost of advertising, Fred convinced other members of his law firm to invest in Pensacola’s BLAB-TV in the 1980’s so he could start a legal show, one of the first of its kind. The station eventually developed into a 24-hour cable access channel that gave a variety of professionals a platform to talk about their business. Fred also became a familiar face on the national cable channel, HBO, as manager of Olympic athlete and prize winning boxer, Roy Jones, Jr., also from Pensacola. Jones, Jr.’s father had come to see Levin’s brother, Stanley Levin, about representing
Spring 2021 | 13
Fred with professional boxer Roy Jones, Jr.
his son as he made the transition from amateur to professional boxing. Stanley referred him to his brother Fred, who knew nothing about the business of boxing. “I loved the sport, but I certainly was no boxer or anything. I told him I didn’t know anything about the business, and Roy Jones, Sr. said that’s what he wanted. He didn’t want anybody who knew anything about it to be involved, so that’s how I got into it,” remembered Levin. “In 1994, I was named Manager of the Year by a national boxing association and then the next year I won the Mohammed Ali award for Manager of the Year.” Fred’s success and determination helped him to take the law firm started by his brother, David Levin, in 1955, to a position of national prominence in the practice of personal injury law, including mass tort and class action litigation. The firm has since grown to more than 40 attorneys and has won more than $4 billion in jury verdicts and settlements. Even as 2021 was approaching and a new name for the firm was on the horizon, Levin was proud of the firm’s growth and that his grandson, attorney Brenton Goodman, was now part of the team. “When I started practicing law my brother had started a law firm, my brother David, and he had looked forward to me coming with him. I joined the firm first then my brother Stanley came in. I’ve got to remember that on that firm name it’s Levin Papantonio,” Levin said last fall, emphasizing the name
Levin, “and I’m hopeful the name will continue long after I’m gone. Even though my grandson that is now with the firm is named Goodman, I think he’ll always be a Levin when it comes to practicing law.”
“It’s truly an honor to work at the firm that my grandfather helped build,” said Levin’s grandson, attorney Brenton Goodman. “Like everything that he did, he set the foundation and set a high standard and it’s now up to us to continue that standard and push it forward and continue his legacy.” Previously called Levin, Papantonio, Thomas, Mitchell, Rafferty, and Proctor, P.A., the recent retirements of Leo Thomas and Clay Mitchell resulted in the opportunity to recognize other firm Shareholders who had contributed to the firm’s success and the name was changed to reflect that. It’s now Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, and Mougey, P.A. and for marketing purposes will be known as Levin Papantonio Rafferty.
attorney, Troy Rafferty. “He was a tremendous mentor. I can’t begin to tell you how much I learned from him about everything, whether it was the practice of law, how to try to cases, about the importance of community. I am proud to be a part of continuing the firm’s success.” The other Shareholders included in the new name are LPR firm President Mark Proctor, and attorneys Virginia Buchanan, Tim O’Brien, Brian Barr, and Peter Mougey, recognized for their extraordinary contributions to the firm as litigators and members of the community. Virginia Buchanan was also a longtime friend of Levin’s and worked for him for more than thirty years. She is Co-Chair of Levin Papantonio Rafferty’s Class Action Department and Chair of the Medical Malpractice Department and is now the first woman to be named to the firm’s new title. She fondly refers to her late mentor as “FGL.” “One of the many things that stands out in my mind when I consider the innovative way that FGL approached legal cases was his mindset—he had NO mindset,” said Buchanan. “He was not limited by ‘this is the way we have always done it.’ He could not care less if something had never been done before. He was able to assess the evidence, see a great outcome for a plaintiff and work to make it happen.”
Attorney Troy Rafferty is proud to have his name on the title of his mentor’s firm. Rafferty has achieved state and national recognition for his work and success as a trial lawyer and has been appointed to handle some of the nation’s largest pharmaceutical and mass tort cases. Rafferty, Buchanan and the other In addition to being appointed attorneys and staff at the firm are to lead several other national looking forward to continuing Fred litigations, Rafferty currently Fred posing in front of the serves as Liaison Counsel University of Florida’s College in the national prescription of Law, named in his honor. opiate litigation. “He inspired people, and it was amazing to me to see how many people attribute their wanting to become a trial lawyer to Fred Levin,” said award-winning trial
Levin’s work, including recordsetting verdicts delivered when he was at the helm; venturing into new areas of the law led by attorney and shareholder Mike Papantonio’s vision; and fearlessly challenging the status quo as harbingers for justice. As a woman, Buchanan is also grateful to Levin for the opportunity to work for him and build her own successful career at the firm. “It is a remarkable gift to look forward to my work every day and feel as though I am working in tandem with all of our LPR team to make a positive difference,” said Buchanan, “Now having my name as the first woman in the firm’s title is a giant step for me and my fellow female lawyers. Women often do not have the same opportunities as their male counterparts and the world has far to go to equalize that difference. I am proud of LPR for welcoming diversity and inclusivity, and I am eternally grateful to Fred Levin for all the opportunities he gave me along the way.” Fred’s son, attorney Martin Levin, lives in Boston but remains actively involved with helping to run his dad’s firm. He says Levin Papantonio Rafferty will continue as it has and clients can be assured they are going to get the absolute best result possible for their case because the firm has the experience, resources and commitment to fight for them no matter how much the litigation costs or how long it takes. Martin Levin says his father’s legacy will continue as long as Levin Papantonio Rafferty continues to fight for the underdog and for what’s right, no matter how challenging. “It was Dad’s success and biggerthan-life personality that brought the law firm national attention and credibility that allowed the firm to grow and succeed,” said Martin Levin. “For as long as the law firm is around, Dad will always be known as one of the key figures in its history.”
14 | The Summation
The Practice of Patience: Working with Family
by Shekka Drayton, Law Office of Patrick Martin, GEICO Staff Counsel
A
sk each lawyer what their practice is like, and you’ll receive
a myriad of answers as vast as the law itself. It is not uncommon for attorneys to work alongside family in their practice. Several families within the Escambia-Santa Rosa Bar Association enjoy this opportunity. Five ESRBA families share how they navigate family and work life amid the pandemic. COVID-19 has permeated every aspect of daily life. The practice of law is no exception. Jason and Carrie Cromey of Cromey Law; Belinda and Mitchell de Kozan of DeMaria, de Kozan, & White; Terence (Terry), Rhett, and Tyler Gross and Dalton Allen of Gross & Schuster; Stephen and Justin Holman of the Holman Law Firm; and Doug and Tiffany Woodward of Moore, Hill, & Westmoreland shed light on the dynamics of practicing with family during an unprecedented time. Both the Cromeys and the Woodwards practice alongside their spouse in a firm setting. After years of public service in criminal defense, Jason Cromey founded Cromey Law in 2015. Carrie joined forces with her husband at Cromey Law in 2019, bringing with her ample knowledge in consumer protection and bankruptcy. Doug Woodward enjoys a long history of working at Moore, Hill, & Westmoreland. Doug, a civil litigator with a practice focused in construction, joined the firm in 2001. Tiffany Woodward, a family law attorney and Florida Supreme Court Certified Family Law Mediator, joined the firm in 2017.
In reflecting on their working relationship and family life, the Cromeys adapt to their strengths and weaknesses. Jason is a great cook. However, their kids would say Carrie “practices cooking.” As it pertains to working, the Cromeys admit their styles are completely different, yet complimentary. Carrie states, “We really enjoy our jobs, so we talk about work a LOT, but it’s our family business, so when we land on a decision, it feels meaningful.” For the Woodwards, compartmentalization is key. “Do not bring family issues into work, and do not bring work issues into the home,” reflects Doug. After four years of working together, the Woodwards have mastered implementing these boundaries. “Separation of the two is easy for us. We practice two totally different types of law, so there is very little shop talk at home outside of the occasional general strategy question.” They have a “divide and conquer” strategy that allows them to seamlessly care for their children. They coordinate the family schedule to make sure everyone’s needs are met. In light of COVID, the Cromeys setup virtual office systems for intake, document management, and task/time management, although they have the flexibility to meet face to face when needed. For the Woodwards, their entire firm went remote during the initial shutdown and gradually opened after implementing the necessary precautions. With the joint impact of COVID and the inoperability of the bridge, Doug Woodward works from his Gulf Breeze home while still making it into the office several times a week. Tiffany Woodward
consistently frequents her office for conference room space and specialized IT support that aids her practice. Both families have found balance in these unprecedented times. The de Kozans, the Gross family, and the Holmans share a working relationship between parents and children. Belinda de Kozan, a seasoned mediator and civil litigator, is a partner at DeMaria, de Kozan, & White alongside Kathy DeMaria and Katie White. Her son, Mitchell de Kozan, joined the firm after his graduation from The University of Florida Levin College of Law and admission to The Florida Bar in 2019, specializing in Wills, Trusts, and Estates. Terence “Terry” Gross founded his personal injury firm in 1981. He’s had many associates and partners over the years. Terry’s sons, Tyler and Rhett, served as public defenders prior to joining the firm in 2014 and 2016, respectively. Dalton Allen, Terry’s son-in-law, joined the firm in 2020. Stephen and Justin Holman are a dynamic duo with practice areas in family law, personal injury, and civil litigation. Stephen Holman has practiced civil law for 34 years. Justin has worked with his father for six years. On the topic of working with family, Belinda de Kozan finds it exciting to work with her son. “We’ve always had a close mother-son relationship, so working together just gives us one more opportunity to enjoy time together.” Belinda sees her firm as a family environment and equally accredits Mitchell’s professional development to the mentorship of her partners, Kathy
Spring 2021 | 15
and Katie, as much as her own. Prior to COVID-19, the de Kozans maintained a general rule of not discussing work outside of the office. However, in the aftermath of COVID and Hurricane Sally, the de Kozans find it necessary to discuss work-related topics during what would otherwise be personal time. Both mother and son are Gulf Breeze residents and have adapted to both COVID and the bridge closure. They were able to resume practice in the office on June 1, 2020 with the strict implementation of safety and social distance measures, which permits Mitchell to conduct in-person executions of wills, trusts, and powers of attorney. The ability to conduct business via Zoom also has been instrumental, particularly in Belinda’s mediation and litigation practice. The Gross family gets candid about their work life balance. Tyler Gross posits, “It can be hard to completely separate the
two. Nevertheless, it allows us to have a deeper understanding of what each person is dealing with professionally and personally. This helps us balance out the load when necessary.” A family business through and through, Tyler acknowledges that his family is extremely close and tightknit. “Not only are we partners and best friends, our wives and kids are also best friends.” In response to COVID, the practice has invested in changes and upgrades to their file storage system, client management system, phone system, internet provider, and digital marketing provider. When it comes to work life balance, the Holmans don’t feel the need to draw a line in the sand. “You don’t necessarily have to [separate work and home life]. It’s hard not to discuss the innerworkings of our law practice whenever we’re together, and that’s perfectly fine with us. Law and home life is integrated when you have a
father and son who enjoy practicing law,” reflects Justin Holman. Their practice is symbiotic. Justin draws on his father’s 34 years of experience while Stephen enjoys the fresh perspective and new strategies Justin provides. In response to COVID, the firm has adapted to better understand and use technology to support their practice. Justin credits their successful navigation of COVID-19 to The Holman Firm’s dedicated staff. Although each family and work life look different, they all agree that practicing with their loved ones come with the invaluable benefits of trust and respect. Each may have their own style, but they all share qualities of strong work ethic and relentless representation for their clients. It is this resolve that has carried them through an unprecedented pandemic, and it is this commitment to excellence that will sustain them for years to come.
16 | The Summation
Report from the Board of Governors from Jeremy Branning
T
he Florida Bar Board of Governors met via Zoom
video conference on January 29, 2021. The major actions of the Board and reports received included: Chief Justice Charles Canady gave the Board of Governors an update on pandemic recovery efforts and legislative priorities telling the board members that he was optimistic after recent meetings with House and Senate leaders, including the chairs of the appropriations committees that deal with court funding. Read more in the Bar News about his briefing. The Board of Governors voted 24-22-2 to recommend the Florida Supreme Court accept a Criminal Procedure Rules Committee proposal to amend Rule 3.800 that would allow prosecutors to request a resentencing hearing at any time. Under the Rules of Judicial Administration, board members could only vote to recommend that the Court accept, reject, or
amend the proposed amendment. It goes next to the Court for public comment and final consideration. The amendment would add a subsection (d) that states, “Upon stipulation of the state attorney and the defendant, and after hearing with proper notice to the victim, or victim’s next of kin, should there be any, the trial court may modify or reduce a sentence at any time.” Learn about the different positions on the amendment in the Bar News. The Board of Governors voted unanimously to convert all Fall Meetings—one of three major events on the Bar’s annual calendar—to a virtual format. The conversion would reduce Bar expenditures alone by $62,000 annually, according to staff estimates. The Board also approved: Proposed amendments from the Disciplinary Procedure Committee to Rule 14-4.1 Arbitration
Proceedings. The proposal would permit the Bar’s voluntary fee arbitration program to resolve disputes over costs that are common in fee disputes and include disputes over such things as office charges for photocopies or online research as well as out-of-pocket costs for experts, deposition transcripts, filing fees and service of process. Proposed amendments to Florida Standards for Imposing Lawyer Sanctions 3.2 Aggravation. The amendment would add “failure to complete a practice and professionalism enhancement program required as part of diversion,” to a list of aggravating factors. A new standing board policy to address bar election recounts when a candidate for a Board of Governors office is defeated by one-half of 1 percent or less of the votes cast for that office.
Spring 2021 | 17
News from the Court Chief Judge Miller
A
s 2021 begins, COVID-19 remains a defining force
in the court system. As Chief Judge, I often receive questions about how we make decisions regarding court operations in this ever-changing pandemic environment. As most members of the legal community are already aware, direction for the twenty Florida judicial circuits comes from the Supreme Court of Florida. In April 2020, Chief Justice Canady created the Workgroup on the Continuity of Court Operations and Proceedings During COVID-19 to develop findings and make recommendations on the best methods for conducting court operations in a manner that protects the health and well-being of all those involved. In a December 21, 2020 administrative order, the Chief Justice approved and adopted the most recent report of the Workgroup, which sets forth benchmarks which must guide local decision-making. It is my responsibility each week to review the relevant data and assess these benchmarks to determine how the local court system will continue to operate safely and efficiently during these unusual times.
At present, the First Judicial Circuit is operating in Phase 2 as defined by the Florida Supreme Court: Under Phase 2, in-person contact is authorized for certain purposes but with protective measures. Every week while in Phase 2, I am required to analyze relevant COVID-19 data factors to determine whether to change court operations: (1) seven day averages for new cases (2) positivity rates (3) hospitalizations and (4) emergency departments visits for COVID-like illness. Although I look locally only at the data for the four counties in our circuit, the Office of the State Courts Administrator maintains the relevant data provided by the Florida Department of Health for all Florida counties. I rely on the Florida Department of Health’s most recent two weeks of data to evaluate and change court operations on a county-by-county basis. At the time of this writing, the most current methodology is attached as a flow chart to Florida Supreme Court Administrative Order 20-32, Amendment 6, which includes the workgroup report. The figures and methods provided are concrete. However, it remains within the reasoned discretion of the
chief judges as to how we respond to our specific local circumstances. At the First Judicial Circuit, I continue to strive to make the best choices possible with the information provided. Whether I am increasing or decreasing the number of inperson proceedings, decisions to change court operations are never taken lightly. For example, I am keenly aware of the right of those accused of crimes to have a fair and speedy jury trial, but I also must remain ever mindful of the need to balance our responsibility to protect the safety of the public and the legal community during this pandemic. For now, unless circumstances change drastically, it appears that we will continue to operate successfully in Phase 2. Our progression to Phase 3 will require that an effective vaccine is adequately available and in use. That milestone is within sight. Until such time as we resume full and normal operations, I remain open to any suggestions and insights as to how we might better serve the people of the First Judicial Circuit during this challenging time.
18 | The Summation
News from the Clerk of the Circuit Court and Comptroller Pam Childers
Rule 2.420 and SC20-1765: A Florida Supreme Court Rules Case You Should Know About
R
the entire document should be made confidential per the rule.
Administration governs access to and the protection of judicial branch records, including court records. Under current form, rule 2.420 provides that clerks of court shall designate and maintain the confidentiality of certain information contained within the court record. The precise information clerks are entrusted to protect is described within rule 2.420, in an enumerated list of 23 categories (commonly referred to as “the list of 23”). Examples of information confidential by rule include: birth records; portions of death records; and bank account, credit card, and social security numbers. Filers, including attorneys and pro se parties, have a vital obligation under the rule as well. If the document to be filed contains confidential information then a filer must, at the time of filing, submit a Notice of Confidential Information within Court Filing (the “Notice”). The Notice must indicate that confidential information is contained within the filing and must either identify the precise location of the confidential information or indicate that
While there is a dual and independent obligation placed on the filer and clerks for both civil and criminal cases, under current practice, if a filer neglects to file a Notice, clerks will still independently identify and redact confidential information before releasing a court document to the public. Said another way, clerks review the record for confidential information regardless of whether a Notice is filed. The Escambia Clerk of Court and Comptroller (the “Clerk”) identifies confidential information through the use of software that identifies patterns in text to locate certain confidential information. The work of the software is then reviewed by well-trained and diligent deputy clerks to ensure proper redaction before court records are released.
ule 2.420 of the Florida Rules of General Practice and Judicial
However, on January 21, 2021, the Florida Supreme Court, on its own motion, entered an order eliminating the independent requirement of clerks of court to designate and redact confidential information filed within
certain civil cases. The order can be found on the Florida Supreme Court’s website by searching the docket for case number SC20-1765. Implementation of the rule change is delayed until July 1, 2021, to provide opportunity for the public to comment. Per the Court’s order, after July 1, 2021, rule 2.420 will be amended to provide that confidential information should only be redacted by clerks when: the filer of a document files a Notice of Confidential Information Within Court Filing; a Motion to Determine Confidentiality of Court Records is filed by the filer; the court enters an order deeming a filing confidential; or the case itself is confidential by law. With some very limited exceptions, the rule change will affect the following court types: Circuit Civil (CA), County Civil (CC), and Small Claims (SC). For all other court types, the Clerk will still review and redact court documents regardless of whether a Notice is filed. The reason for the change, as the Court described, is to address the news media’s concerns regarding delays in accessing certain court
records. Interested parties have seventy-five days from the date of the order to file comments. The obligation for filers to file the Notice when court documents contain confidential information has been present in rule 2.420 for years. Unfortunately, it is not a practice that is always followed and the failure to file the Notice doesn’t always present itself because the Clerk’s office has, and continues to, serve as a safety net for the inadvertent release of confidential information. If the rule change goes into effect unamended, the obligation to designate and identify confidential information will be placed solely upon the filer for the affected case types. Those attorneys and pro se parties that practice in civil will want to pay particular close attention to rule 2.420, the list of 23, and the outcome of SC20-1765. Failure to follow the then current rules could result in the inadvertent disclosure of confidential information of a client or party. Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller.
Spring 2021 | 19
The Bottom Line International Documents by Mary Grace Rosal-Loftin, Northwest Florida Paralegal Association
O
ur legal world has become one where evidence or legal documents
are not acceptable for legal action or business transactions without some form of certification or authentication issued by a business, or a local, State or Government authority. This applies to documents sent from State to State, as well as, international documents going to or coming from another country. For Florida documents, this is done through the Secretary of State, Apostille Section. For international documents, this is done through the Department of State, Office of Authentications. Some things have recently changed. For example, I used to get an Apostille for my signature as a notary through the Florida Secretary of State and this was acceptable in Spain, but the Apostille Section now says that Federal and international documents now require the Apostille to be issued by the Department of State. Documents from State to State requiring authentication include birth and death certificates, marriage certificates, school transcripts, vehicles titles, county and circuit court documents, judgments and decrees, to name a few.
You obtain an “Apostille”, by applying for it by letter to the Florida Secretary of State, Division of Corporations, Bureau of Notaries Public. Or you can complete and print the form online. Go to the Florida Secretary of State website, then search for Authentications (Apostilles and Notarial Certifications) and they have a link there for their form. The fee for each signature to be authenticated is $10.00. Some authentications cost $20.00. You will receive a certificate attached to the original document. Send your original notarized document with your letter requesting the Apostille and your check in proper amount to: Department of State, Division of Corporations, Apostille Office, The Centre of Tallahassee, 2415 North Monroe Street, Suite 810, Tallahassee, Florida 32303, or at Post Office Box 6327, Tallahassee, Florida 32314. The telephone for that office is (850) 245-6000. International documents requiring authentication by the Department of State include birth and death certificates, marriage certificates (for people of different nationalities),
local, state and Federal background checks, copies of a passport, driver’s license or a driving record, school transcripts and diplomas for international students, travel consent letters, certificates of naturalization, corporate records and resolutions, Coast Guard Letters and certifications for Agents, court orders issued by Federal courts, etc. For an apostille to be issued by the Department of State, go to Office of Authentications or Travel.State.gov, click on “Authentication Certificate Requirements” and download form DS 4194. Complete this and send with your original document to: “Authentication Officer, US Department of State, 518 23rd Street NW, Washington, DC 20520.” Telephone number is 202485-8000. The fee for an Apostille is $8.00. Another mailing address is: US Department of State, Office of Authentications, CA/PPT/S/ TO/AUT, 44132 Mercure Cir., and PO Box 1206, Sterling, VA 20166-1206. There is a company called “National Apostille” and their website is National Apostille.com. Phone number is 800-903-2470. Email is support@nationalapostille.
com. They provide this service for documents going to all 1961 Hague Convention Country members. They also have translators available to translate documents from English to the language of the respective country where a document will be sent. Their fee for obtaining an apostille is $75 and their fees to translate documents are $250 and up, depending on the size and content of the document. To obtain legal recognition for documents coming into the United States, a notary’s signature is “authenticated” for a fee of $30.00 per signature. Application for this “authentication” is made at the United States Embassy or the Consulate in the country of origin. Please make sure that all documents being sent from, or coming to the United States have an Apostille or the proper Authentication. This makes things smoother and reduces the risk of forgeries or non-compliant documents and that’s the Bottom Line.
20 | The Summation
Argo Corner Barges, Bridges and Lawsuits by Breanna Lea Cobbs, UWF Legal Studies graduate What Happened? Lawsuits are mounting against Skanska, a multinational construction and development company, contracted for construction of the $430 million dollar Pensacola Bay Bridge project. In early September 2020, several construction work platforms or “barges” broke free during Hurricane Sally. These barges, which belonged to Skanska, caused significant damage to the Pensacola Bay Bridge and surrounding properties. The barges were thrown around by the force of the Hurricane and struck the bridge several times. An unsecured crane was also knocked over during the storm, damaging a section of the bridge. Construction efforts are predicted to be ongoing through May 2021 at the earliest, and the bridge will be closed until that time according to local news sources. Commuters must now travel an additional 20 to 40 minutes on average over the Garcon Point Bridge instead to reach Pensacola Beach and Gulf Breeze. This has caused an increase in traffic for locals and a longer commute, as well as a decrease in overall tourism to these areas. Several local businesses have been forced to close as a result. Skanska contends that once they realized the severity of Hurricane Sally, it was too late to send employees out to secure or remove the barges due to safety reasons. Who Is to Blame? Some local businesses and homeowners still blame Skanksa. Currently, over a dozen lawsuits are pending against the contractor, alleging Skanska was
Photo by Guy Stevens
negligent in failing to follow their own safety precautions during Hurricane Sally. The Pensacola area received warning of a tropical storm as early as Sunday, September 13. However, the contractor allegedly allowed several work platforms to remain in the Bay near the bridge and left construction equipment unsecured throughout the hurricane. Because of this, the plaintiffs contend Skanska is liable for damages resulting from the barges breaking loose and the subsequent closure of the Pensacola Bay Bridge. What Can We Do? For now, litigation is ongoing, and the Florida Governor has, so far, suspended tolls for the Garcon Point Bridge while the Pensacola Bay Bridge is repaired. This should somewhat ease the burden on commuters who are forced to travel longer distances due to the bridge closure. Unfortunately, this alone will not make up for the time added to locals’ commute, the additional gas expense, or the overall loss of tourism in the area. Fortunately, locals are banding together in support of Gulf Breeze and Pensacola small businesses. In October, several events were held in support of struggling businesses. For example, more than 60 small businesses participated in “Barge-o-ween,”
a Halloween-themed event which had no entry-fee for businesses to participate. Will Skanska Be Held Liable? Ultimately, these plaintiffs will need to prove several elements to show that Skanska was negligent. Broadly speaking, negligence has four main elements: duty, breach, causation, and damages. The plaintiffs must prove each of these and show that Skanska did not use the level of care a reasonable person would. Plaintiffs will also need to show that the results of Skanska’s actions were reasonably foreseeable. Specifically, the plaintiffs need to show that Skanska should have known the damages that followed would result from leaving construction platforms and equipment unsecured. However, in order to claim damages, the plaintiff must meet the legal requirements of being injured. This raises the question of whether the plaintiffs’ injuries are too far attenuated from Skanska’s actions to produce liability. Wex Legal Dictionary states that injury applies to bodily harm and harm to property, while economic loss alone is usually not sufficient. Lastly, there is the issue of proving that COVID-19 was not partly responsible for the loss of tourism and business in the area.
Spring 2021 | 21
New Normal by The Honorable Ross Goodman What is the “new normal” in the practice of law? What is YOUR role in shaping the “new normal?” Is it more technology? Surely, but more technology does not change the basics. Is it more working from home and using multi-media in place of travel? Surely, but a deposition in person and a deposition by Zoom is still part of the process of the search for the truth. Is it more para-professionals? Probably, but whatever powers and responsibilities are given to para-professionals, the need for supervision and attorney involvement will not go away. Is it more diversity in the makeup of the profession? Of course, but the basic principles and education and requirements remain the same such that all lawyers and judges will still have to have the same skill sets. Is it the opening of new areas of law, such as cyber-intellectual property? Yes, but we have watched new areas of law wax and old areas of law wane over time. But, while there are not many crashes of vehicles with escaped livestock these days, it still could happen! Certainly, a new normal is coming and the ways and means with which we practice are changing—and changing rapidly. This does not change the basic principles with which law has been practiced in Anglo-American Courts for centuries. The “leaders” of the new normal are those who are steeped in the principles and traditions of law and are willing to find better, more effective ways of implementing them. Thus, what the future is calling upon you to do is to be a visionary. Do not fear change, do not cower at the new technologies. Instead, take a good hard look at what works, and see if you can devise a way to use technology to make it work better.
One example: When I was a young lawyer, there were no automated data processing systems as there are today. “Document coding” was done on reel-toreel tapes and a search of the data base required a separate program needed to be coded for each search. It was expensive and available only to a few. But I had a great deal of data and a need to search it quickly, but I had a low budget. So, I came up with a way to summarize what I had and enter it into Microsoft Word. Then, when I needed to find a document, I would do a “search and find.” Back then, “search and find” was the way in which you edited your documents. But, modified in the way I used it, I was able to more rapidly access data and find documents (nothing like the systems of today). My point is: look at your current practices and look at the technology that is out
there today. Is there a way to modify what you have so it better suits your needs? Is there a way you can meet your clients’ needs more efficiently yet more economically? Ask yourself the “what if ” question: What if I had a better way to keep my clients informed about what is happening with their case without taking up more of my time? Remember, one of the most prevalent complaints to the grievance system is lack of client communications. Figure out a better way and you will avoid a great deal of potential future grief ! And, maybe, you can grow, replicate and market your idea.… but I digress. In sum, do not fear the new normal. Instead, take steps now to shape the new normal to help make you a better lawyer!
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Your trusted insurance firm of over 25 years is now backed by Higginbotham, one of the largest independent insurance firms in the US. As proud as we are to be on top, our number one priority is you. With Higginbotham, we can offer a single source solution to secure your financial future. 11 West Garden Street, Pensacola, FL 32502 850-484-7911 | www.mcmahonhadder.com
Business Insurance | Risk Management | Employee Benefits Benefit Administration | Life Insurance | Executive Benefits Retirement Plans | HR Services | Home & Auto
