Announcements News from the Court Young Lawyers Division The Bottom Line
p. 6 p. 10 p. 17 p. 18
Judge Ross M. Goodman A JOURNEY THROUGH THE LAW
Summer 2021 | VOLUME 10, ISSUE 2 | 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
12
Executive Director Jeff Nall jeff@esrba.com
14 18
Member Services Coordinator Stephen Hayward stephen@esrba.com Lawyer Referral Service Marilyn Kelley lrs@esrba.com 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.
19
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.
20 From the President
Page 5
Announcements
Page 6
On the Move
Page 7
Less Is More
Page 8
Onward
Page 8
Member Discounts
Page 9
News from the Court
Page 10
News from the Clerk of the Circuit Court and Comptroller
Page 11
Feature - Judge Ross M. Goodman: A Journey Through the Law
Page 12
The Practice of Patience:The 2021 Florida High School Mock Trial
Page 14
Report from the Board of Governors
Page 16
Young Lawyer’s Division
Page 17
The Bottom Line
Page 18
Argo Corner
Page 19
Florida Bar: President Tanner Emphasizes Professionalism
Page 20
Gerald McGill Caroline Peterson Jenice Jones Sheryl Lowenthal
Charlie Penrod Codey Leigh Allison Newton Shekka Drayton
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Owner Malcolm Ballinger Publisher Malcolm Ballinger Executive Editor Kelly Oden Editor Morgan Cole 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.
Summer 2021 | 5
From the President Reflecting on the past year, I am struck by how much we have been challenged to be flexible, adaptable, determined and resilient. We have experienced multiple shocks as our expectations have had to adjust to unfolding events. Often, I hear frustration, sadness and anxiety in response to those conflicts happening across our nation and, on a smaller scale, here in this beautiful area we call home. I have also had the gift of being among people who maintain a joyful appreciation of what we can experience in the present regardless of the unknowns.
by Heather Lindsay
The challenges of this past year no doubt have influenced the approval by the Board of Governors in May of the Special Committee for the Review of Professionalism in Florida. Florida Bar President Mike Tanner has indicated that the committee will study all facets of how we teach professionalism, how we define it, how we enforce it and its relationship to mental health and wellness. Promoting collegiality, the foundation of professionalism, has been especially challenged in recent times. We have experienced communication breakdowns and frayed friendships. Nothing beats face-to-face interactions for true understanding of one another. Deepening our appreciation of professionalism and how it impacts us will help us be better colleagues and better servant-leaders in our communities. As never before in my lifetime, I believe we are at a crossroads on how we, as educated professionals, can positively influence the conflicts challenging our society today. People are under pressures that create a lack of trust in government, including our branch and our profession. We may see this worsen in times to come. Just taking the opportunity to listen, in a patient way that respects differences, may be what is necessary to maintaining an orderly society. We are well-trained in this skill and can use it to help our colleagues and neighbors be resilient in response to the pressures confronting us today. To that end, I look forward to continuing in-person meetings in September for our book club that began via Zoom. Some topics may be controversial, but we are wellsuited to remaining collegial as we debate our disagreements. As an association, we are excited to return to in-person meetings to rebuild old friendships. Let’s recommit to doing our parts in fulfilling ESRBA’s mission as we together maintain a superior environment for the practice of law and the administration of justice.
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
ESRBA Installation Banquet and 50th Anniversary Celebration
Please join us for a very special ESRBA Installation Banquet as we also celebrate being together for the 50th Anniversary of the Association on Wednesday, July 14, at 5:30 pm at V. Paul’s. The event will feature the installation of the 2021–22 ESRBA Executive Council and the 2021–22 YLD Board as well as the election of the 2021–22 Foundation Board. Attendees will enjoy a plated dinner, anniversary cake and champagne toast, music and more! Cost is $35 per person. Advance registration, payment, and menu selection required. CLE Online, On-Demand Library
If your CLE compliance period is approaching, please remember our online library available for downloading or streaming. Along with the recorded video and/or audio, you will receive all available presentation slides
2021–2022 Proposed Executive Council Slate Officers President: Garrett P. LaBorde Vice President: Aaron T. McCurdy Secretary: Christine A. Kelly Treasurer: Joe A. Passeretti Immediate Past President: Heather F. Lindsay Council Members Shekka Drayton (1st term expiring June 30, 2022) Rebecca Gilliland (2nd term expiring June 30, 2022) Joe Kirkland (1st term expiring June 30, 2022)
Rachel Sheffield (1st term expiring June 30, 2023) Ryan Cordoso (1st term expiring June 30, 2023) John Mahoney (1st term expiring June 30, 2023) Aaron Watson (1st term expiring June 30, 2023) Amie Remington (1st term expiring June 30, 2023) Stephen Luongo (2nd term expiring June 30, 2023) Haley VanFleteren (2nd term expiring June 30, 2023) Young Lawyer Representative: Andrew Spencer
or handouts and the CLE certificate with the course number for reporting to The Florida Bar. There are currently 21 titles in the library. Check back regularly for new additions. Court Administrative Orders and Directives
One of the benefits of ESRBA membership is receiving timely notification of news from the court. All Administrative Orders and Directives are also archived in the newsroom on our website for your convenience. Office Reopening to Members
The ESRBA will be open to members on Monday, July 19. In accordance with CDC guidelines, fully vaccinated visitors will not be required to use facial coverings. Visitors who are not fully vaccinated should wear a face covering over their nose and mouth. We are required by OSHA to provide a safe and healthful workspace for our employees. Your cooperation is appreciated.
The Escambia-Santa Rosa Bar Foundation
Board of Directors Officers President Adrianna Spain Vice President Shekka Drayton Secretary & Treasurer John “Buz” Windham Directors Sheldon Bernau Jeremy C. Branning Jodi Dubose Stephen Echsner Cameron Gore Kristin Hual Heather Lindsay (ESRBA President) Patrick Martin Warren Todd Steve Traylor Escambia-Santa Rosa Bar Association Young Lawyers Division
2021–2022 Proposed Foundation Slate
Board of Directors
Officers:
Officers President Travis Morock
President: Shekka Drayton Vice President: Steve Traylor Secretary/Treasurer: John “Buz” Windham
Directors: Adrianna Spain
Stephen Echsner
Sheldon Bernau
Jodi Dubose
Kristin Haul
Jeremy Branning Patrick Martin
Cameron Gore
Heather Lindsay Warren Todd
Garrett P. LaBorde
Vice President Andrew Spencer Secretary & Treasurer Michelle Nguyen Past President Kelsey Stone Directors Caitlyn Miller Cecily Parker Logan Sliva
We’re Social! Connect with us on social media ESRBA FACEBOOK
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FACEBOOK.COM/ESRBAFL FACEBOOK.COM/ESRBAYLD TWITTER.COM/ESRBAFL LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION
Summer 2021 | 7
On the Move
Taylor, Warren, Weidner & Hancock is celebrating 15 years
of victories against insurance companies. As they celebrate the accomplishments of their last fifteen years and look forward to the next fifteen, they would like to thank all those who placed their trust in the firm and helped them over the years. They are very proud to be a part of this outstanding legal community. Emmanuel Sheppard & Condon Law Firm Announces a New Shareholder and Director
Emmanuel Sheppard and Condon (ESC) is pleased to announce that Suzanne Blankenship has become a Shareholder with the firm, and Benjamin T. Shell has become a Director with the firm. Suzanne Blankenship is a BoardCertified Condominium and Planned Development Lawyer practicing law in Pensacola since 1996. Mrs. Blankenship’s practice involves serving as legal counsel for numerous condominium and homeowners’ associations throughout Northwest Florida. She also represents buyers, sellers, and lenders in commercial and residential real estate transactions.
Benjamin T. Shell is a litigation attorney who practices Personal Injury Law, including matters involving Automobile Accidents, Wrongful Death, Premises Liability and Product Liability. Mr. Shell also handles First Party Property (Hurricane) Claims, General Civil Litigation, and Bad Faith Litigation. Prior to joining ESC in 2017, Mr. Shell served as defense counsel for Fortune 500 insurance companies and corporate clients. “Congratulations to Suzanne and Ben on their ascension to Shareholder and Director,” said Wes Reeder, ESC President. “This move by the Firm signals our recognition of the accomplishments of Suzanne and Ben in their respective practice areas and of our confidence that they are deserving of leadership roles with the Firm. It remains our Firm’s goal to continue to deliver high quality legal services to our clients, and the advancement of Suzanne and Ben to their new roles will certainly help us not only to meet that goal but to sustain it into the future.” Chambers USA 2021 Recognizes Beggs & Lane Energy Attorneys
Beggs & Lane, R.L.L.P. is pleased to announce that Steve Griffin and Ed Holland have both been awarded top rankings in the 2021 edition of Chambers USA for their expertise in the areas of Energy and Natural Resources law. 2021 marks the first time that
Chambers USA has developed rankings for Energy and Natural Resources practitioners in the State of Florida. Steve Griffin heads the firm’s Energy and Public Utilities practice group. He represents public utilities, developers, independent power producers, and providers of electric vehicle charging infrastructure. Steve has served in leadership roles on a wide array of renewable energy initiatives, including utilityscale battery storage projects, utility-scale solar facilities, and large-scale wind power purchase arrangements. Ed Holland rejoined the firm in 2018 and brings a wealth of experience in the Energy and Natural Resources sectors. Prior to rejoining Beggs & Lane, Ed served as Executive Vice President and General Counsel to Southern Company, President, CEO and Chairman of Mississippi Power Company, President and CEO of Southern Company Holdings, and Executive Vice President of Southern Company Services.
Moves Stephen R Hogan, Esq. is now the HSMV Attorney Field Hearing Officer. His new contact information is: Stephen R Hogan, Esq. HSMV Attorney Field Hearing Officer
Bureau of Administrative Reviews Office of General Counsel Florida Department of Highway Safety and Motor Vehicles 100 Stumpfield Road Pensacola, Florida 32503 Telephone: (850) 494-5728 Office Email: PensacolaBAR@ flhsmv.gov Direct Email: StephenHogan@ flhsmv.gov Website: www.flhsmv.gov
New Members Marjorie Anders Office of the State Attorney marjyanders@gmail.com Jeremy Cobb Navy Federal Credit Union Jeremy_Cobb@navyfederal.org Katlyn Craig Legal Services of North Florida Kcraig@lsnf.org Justin Keeton Michles & Booth jkeeton@michlesbooth.com Andres McGraw Office of the State Attorney amcgraw@osa1.org Aaron Ryan Hall Prangle & Schoonveld, LLC aaron@HPSLaw.com Nathaniel Sebastian Office of the State Attorney nsebastian@osa1.org Katie Spear Pacific Apex Law Group, LLP katie@pacificapexlawgroup.com Mikaela Ziko Office of the State Attorney mziko@osa1.org
On the Move submissions may be sent to esrba@esrba.com
8 | The Summation
Less Is More:
Why Targeted Marketing Is So Important for Law Firms
by Jared Correria, Red Cave Consulting
L
et me be clear: your job as a lawyer is NOT to
be the next Andrew Carnegie. That’s in part because law firms are inherently geographicallylimited businesses—in the main. What’s to stop Walmart from opening another location across the state line? Essentially nothing. What’s to stop a law firm from doing the same thing? Well, another bar exam passage (or waive-in process), for one. For another, there may be restrictive rules relating to physical office space requirements for law firms, as well as a host of other protectionist measures to keep out-of-state lawyers, well... out of state. Then there’s the
practical difficulty of managing various ethics rules regimes, for each state you locate an office (virtual or otherwise) in. Because most law firms are still referral-based businesses, they rely heavily on local connections. Usually the big kahuna at a law firm is going to be out and about, shaking hands and kissing babies (metaphorically speaking), drumming up business. It’s damn near impossible to clone managing partners, such that most law firms are effectively limited in their marketing by the sheer success of the founding partner in being able to market herself locally. But, even for law firms that can expand, there’s
still a choice as to whether or not they should expand; and, given all the things that hamper law firm expansion, the better choice may be to blow out your local opportunity. And, even if you are already marketing online effectively, note that your understanding of and comfort in your local market can remain an advantage, since targeted marketing tactics are easier to draw upon than ever before. It’s axiomatically true that local SEO is most effective. And, you can market in such a granular way on social media that you could theoretically target a physical block of addresses, if you wanted. More generally, you can
design your content to apply to a specific geographic region. You can also include in your law firm logo reference to a geographic area. There’s so much you can do, as a lawyer, to tighten your marketing, and to better focus your efforts on where (physically) your clients are; and, it’s probably the most cost-effective way to market a law firm. If you need to get clear about getting local, we can help. To learn more about Red Cave Law Firm Consulting, visit the Member Discount page at ESRBA. com. Special rates are provided for ESRBA members.
Onward: It’s Time to Think about How your Business Operates, Not Just That it Does
by Jared Correria, Red Cave Consulting
T
Those who work on a business are focused on moving Myth discusses the difference the business forward in a between working in a business, fundamental way. You’re trying and working on a business. to get after what your best It turns out that subtle long-term marketing tactics prepositional shift means a are. You’re thinking about the whole lot. best categories of employees to complete your optimal staff Those who work in a business arrangement. You’re figuring focus on moving the day-toout your BHAG, and trying to day operations of that business approach it. forward. You’re getting out the paperwork. You’re tracking The thrust of the proposition and billing for time. You’re is that those business owners discussing a particular case who focus on ways to improve issue with a staff person. their businesses are more he legendary business book The E
likely to actually improve their Setting aside the time to businesses. That’s common sense, better manage your business as effort usually yields results. operations is not easy; but, if Of course, it’s impossible for you can even assess an extra most small business owners to hour a week, it will inure to focus on business management your benefit. all of the time—you need to do all of the little things to keep If you need to better focus your business running. But, on what your business is and even if you set aside a small means, we can help. amount of time to consider the larger workings of your business, To learn more about Red Cave you’re well beyond what your Law Firm Consulting, visit the colleagues are doing—and, Member Discount page at ESRBA. that’s a huge competitive com. Special rates are provided for advantage. ESRBA members.
Summer 2021 | 9
Member Discounts Caseroads
Caseroads features rich practice management software that costs up to 70% less than other providers. It is designed to be incredibly easy to use and allows you to securely work from anywhere. Get all the functionality you need for one low price per user. Let us help you get started with a risk free, 30-day no cost trial plus a 10% discount for Escambia-Santa Rosa Bar Association members using the promo code ESRBA10.
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 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 at 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/.
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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/.
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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/.
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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.
10 | The Summation
News from the Court Chief Judge Miller
W
hat a difference a year makes.
As we enter the second half of 2021, we are on the cusp of returning to normal court operations. The Chief Justice of the Supreme Court of Florida recently entered Administrative Order 21-17, which allowed the state courts to relax certain health and safety protocols on June 21, 2021. I believe it is safe to say that we all welcome this change for the better and a return to “routine” after a year fraught with so many novel challenges. While it appears that we are approaching the end of the pandemic, a great deal of work remains to be done in its aftermath. Our judges and staff have worked diligently to conduct as many hearings as possible remotely throughout the last 15 months, and it is clear to me that those efforts have been worthwhile. I have recently reviewed the statistics with regard to pending criminal matters, and I am highly encouraged that the backlog is not as large as might have been anticipated. Two specific factors played a significant role in creating the existing criminal case backlog. Transportation of incarcerated individuals has been extremely limited since the start of the pandemic due to exposure concerns, and speedy trial has been suspended. With the easing of restrictions, I anticipate that transportation will resume at close-
to-normal levels within the next few months. Perhaps more importantly, AOSC 21-17 provides that the time periods involving speedy trial remain suspended only until October 4, 2021, for persons who were taken into custody before March 14, 2020. For those taken into custody on or after March 14, 2020, the suspension of speedy trial will end on January 3, 2022. The courts have a constitutional obligation to provide a speedy trial to those charged with a crime. Consequently, we must make it our first priority to bring resolution to those criminal matters which have been unavoidably delayed due to COVID-19. That is not to say that other types of matters cannot and should not proceed, but they will likely continue to be conducted differently for some time. One sign of our continuing progression towards complete opening is the resumption of in-person civil jury trials on June 1, 2021. However, AOSC 21-17 clearly indicates that a substantial portion of civil and family law proceedings should take place via electronic means to the extent that it is possible. Indeed, AOSC 21-17 indicates that the rules limiting the use of communication equipment for the remote conduct of proceedings shall remain suspended. The chief judges also remain authorized to
establish procedures for the use of communication equipment “to the maximum extent feasible” to facilitate the efficient and expeditious processing of cases through remote proceedings. I understand that many of you in areas of law other than criminal are anxious to return to the courtroom. Certainly now more than ever, I am well aware that in-person proceedings are ideal in many, if not most, circumstances. However, the Chief Justice, with the guidance of the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19, has always taken a methodical and deliberate approach to the weighty task of guiding the state courts through this pandemic. We will do the same. We are, of course, obligated to follow the Chief Justice’s direction, and must continue to balance our desire to do the work of the courts efficiently with the mitigation of existing risks to the public and staff. In closing, I would like to thank the local bar community for their thoughtful input and collegial attitude throughout the past year. I look forward to the day we are able to fully return to pre-pandemic functioning, and as always, encourage you to contact me should you have suggestions for our improvement.
Summer 2021 | 11
News from the Clerk of the Circuit Court and Comptroller Pam Childers
Clerk’s Court Operations Post Pandemic
C
OVID-19 restrictions are being lifted across the State of Florida.
The Florida Supreme Court has followed this trend with the issuance of AOSC 21-17 on June 4, 2021. AOSC 21-17 provides the local court authority to eliminate court ordered mandates such as wearing masks and social distancing as soon as June 21, 2021. A participant and observer in court proceedings may wear face masks and request to be physically distanced. While courts in Florida and the Escambia County Clerk and Comptroller never fully ceased operations, civil case proceedings were delayed or reprioritized. AOSC 21-17 takes steps to keep cases and the use of technology in the courtroom moving forward. As a precursor to AOSC 21-17 and in compliance with AOSC 20-23 Amendment 12, Chief Judge Miller, on April 30, 2021, issued AO202112, providing a plan to manage civil cases and the backlog created by the pandemic. As judges and support staff review pending cases, a determination will be made on whether each case is complex, streamlined, or general and case management orders will be entered accordingly to set deadlines for service, discovery, mediation, and pretrial motions.
Civil jury trials resumed on June 8, 2021, but are currently limited to one case per week with jury selection taking place on Tuesdays, rather than Monday. The duration of civil jury trials is not to exceed three days, exclusive of jury selection. At this time, Escambia County Circuit Court has more than two thousand pending civil jury trial cases, which includes approximately one thousand Hurricane Sally related cases with additional lawsuits being filed daily. Another major change made by AOSC 21-17 is the elimination of COVID-19 related juror excusals and postponements. Effective June 21, 2021, AOSC 21-17 eliminates the express COVID-19 related excusals as set forth in previous Administrative Orders of the Florida Supreme Court. This change applies equally to civil and criminal jury trials and should increase prospective juror attendance thereby ensuring sufficient jury pools. In addition, CDC’s eviction moratorium is set to expire July 31, 2021, which could potentially inundate the Court with new eviction cases, while pending eviction cases affected by the moratorium are likely to resume as well. Likewise, some mortgage lenders have issued their own moratoriums and those moratoriums will likely expire or
be modified in tandem with the CDC’s eviction moratorium. The Escambia County Clerk’s Office is working hard to prepare for the increase in filings as a result of the backlog. The Clerk’s office continues to cross train personnel and work with the judiciary on implementation of the new requirements. The Clerk’s Office is currently reviewing remote services that were implemented due to the pandemic. Changes such as mobile friendly payment plan applications will stay, while remote marriage ceremonies will transition back to in-person. Our office continues to promote online services such as e-filing, payment of court fines and fees and record requests. In-person services that continued uninterrupted by the pandemic, such as domestic violence injunctions and Baker and Marchman Act petitions, will remain unchanged. During state budget hearings, Clerk Pam Childers requested additional funding needed to hire more staff in the civil departments in an effort to help better manage the backlog. Authored by Cheri High, Director of Court Services, Civil, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller.
12 | The Summation
A Journey Through the Law An Interview with Judge Ross Goodman by Charlie Penrod
J
udge Ross Goodman is retiring after a storied career in the law. He enrolled at Vassar College in 1979, graduated from the University of Florida Law School in 1985 and began practicing law shortly thereafter. In 2006, he was elected Circuit Judge in the First Judicial Circuit and has served in that capacity through 2021.
I met Judge Goodman in my role as a professor in the legal studies program at the University of West Florida. Judge Goodman has taught several courses in the program and is universally
respected and beloved by students and peers alike. Judge Goodman actively mentored me as I began my career here, and he showed me the same compassion and warmth he brings inside and outside the courtroom. Judge Goodman was kind enough to allow me to interview him for this article to celebrate his career. Q: Talk a little about your childhood and upbringing. Did you always want to have a career in the law, and if so, who motivated you to do so? RG: I was born and raised in Miami
and have three brothers. Our family emphasized four things: family,
religion, scouting and education. With three brothers, and all the competitiveness that entailed, sports were also very big. I wanted to be different things at different times. I never really settled on any one thing. When I left for college, I thought I would become a writer.
coming down the driveway. When it stopped, my son, then eight or nine years old, leapt out of the van, ran up to me, wrapped himself around my legs and said, “I heard you made the world a little better today!” It’s moments like that which make me love being a lawyer!
Q: What was your first job and how did that prepare you for the rest of your career? RG: At Vassar, I was in student
Q: How have you seen the practice of law evolve over the years? RG: I firmly believe the level of
government and met a college trustee who had a law firm in Washington, D.C. He recruited me to come to his firm as a paralegal. Since my major was philosophy, I was not qualified for any particular job, so this sounded like a good opportunity. I moved there and ended up working at the firm for three years. All the lawyers were former DoJ or former Supreme Court Law Clerks. It was intimidating at first, but many of the lawyers were extraordinarily kind to me and supportive of me. They were also very patient in teaching me my job. I learned an awful lot.
Back then, you didn’t need to be a lawyer to represent someone in an administrative matter, so the firm assigned me a case from an old client who had trouble selling a four-unit apartment complex. I was able to get the matter resolved and discovered that I really enjoyed the feeling of using work to help people. From there, I was hooked on the law. Q: What did you love about practicing law? RG: Simple answer: I loved
winning. I hated losing. To be more precise, I love the intellectual challenge, the constant learning, and the great feeling from achieving a good outcome for the client. Here’s a story: I settled a case I had been working on for years. On my way home, I called my wife to tell her the good news. I told her that I had helped make the world a little bit better for my clients that day. My wife’s phone was on speaker. I got home and saw my wife’s van
professionalism has risen, and the sense of collegiality has gained ground. Certainly, the law requires contests, battles and challenges. This can be done with a sense of purpose to serving the ends of justice or with a cut-throat attitude of winning at all costs. I believe I am seeing more of the former and less of the latter. Q: How has the rise of technology in the practice of law impacted the way in which cases are resolved? RG: The basics are still the same.
The methods may have changed. The speed at which lawyers operate has accelerated. Still, the facts and the law drive decision-making. The three rules of success still hold: “preparation, preparation and preparation.” The only difference is the tools are much handier and more accessible.
When I started, “cutting and pasting” was literally what you did to move things around in a draft. The most advanced “word processors” had one line of text on the screen at the time. Storage was on magnetic cards. Travel required a race to the pay phones when one got off a plane. The practice was much slower and more timeconsuming. Lawyers still work long hours, but their productivity has increased exponentially. On the other hand, a lawyer used to have to constantly stay abreast of the law. Now, a lawyer needs to also be an expert in technology and has to constantly learn new technologies.
Summer 2021 | 13
Q: What inspired you to become a judge? RG: After law school, I clerked for
Judge Hodges in Tampa. Not only did I read briefs and draft opinions, but I got to see how a judge’s mind works; how difficult it was to be a judge but also how inspiring. Judge Hodges truly taught me a love for the law. Ever since then, I had wanted to be a judge. Q: What is one thing that you wish you would have known on your first day on the bench? RG: I wish I had known how to
pause, take a breath, think and then form an answer in my mind before ruling. As a young judge, I thought everyone expected me to know all the answers and to immediately respond to requests, objections and motions. This led to a great deal of anxiety and second-guessing myself. Over time, I learned the tremendous value of taking a breath and taking a moment before ruling.
• Being an Abraham Lincoln lawyer: Concede everything that is not essential to your argument. Fight strenuously for those few remaining issues you contest. • Care about your client; truly care • KISS principle: Keep It Short and Simple • Treat EVERYONE you meet with kindness and respect— especially adverse lawyers, adverse parties and adverse witnesses Q: What is your proudest moment as a judge? RG: I know this is going to sound
corny, or self-serving, but one thing a judge does not feel is pride. A sense of accomplishment? Yes. But, as a public servant, and especially as a judge, what one needs is humility, not pride.
Q: What is the hardest part of being a judge? RG: The hardest part of being a
judge is the tough decisions—the ones you replay in your head over Q: As a judge, you obviously have and over again, wondering if you handled many cases throughout made the right call. I handle it with your career. What is the most “mindfulness,” which I was taught in rewarding part of judging? various judicial education courses. RG: When the lawyers are prepared, The hardest moment is when I when the arguments are well stated discovered that a child I had placed and when there is a clear conflict in foster care died. There is no way in the law and/or the facts, that to deal with something like that, is when being a judge is most and it will haunt me forever. challenging—and most enjoyable. It is the most demanding of Q: Do you have an overarching situations and it calls upon all your guiding principle to judging attention to details and your parsing that steered your judicial of the law. It is truly a challenge. I career throughout your time on like challenges. the bench? RG: No matter how compelling On the other hand, being a juvenile an argument is, I always wait judge and successfully reunifying until the last argument is made. a family, or successfully getting Listen to the end. I have heard abused kids adopted into a better one side’s argument and thought, home, is one of the best moments “that makes sense.” Then I hear the one can have as a judge. argument on the other side and thought, “that makes sense, too!” Q: What qualities sets successful It is important because it keeps lawyers apart from others? you from making mistakes. RG: Among the qualities of a good lawyer are: Q: Ethics and professionalism • Knowledge of the facts of the case are topics you have written • Knowledge of the law of the case extensively about. How • Preparation would you rate the overall • Intellectual honesty professionalism of the
Northwest Florida bar? RG: From what I hear from other
judges from other parts of the State, and what I read about other parts of the country, Northwest Florida is blessed with a high degree of overall professionalism. Many people, lawyers, judges and laypersons have worked at keeping professionalism at the front of the brain, and it seems to be working. Nothing is perfect, and there are exceptions from time to time. Overall, however, we don’t know how good we have it here. We could improve by making better use of the Lawyer Professionalism Panels (“LPP”). It is a great resource that is unfortunately under-utilized. Q: You have been involved in a wide variety of initiatives throughout your time as judge. Why do you think it is important for judges to engage with the community or to reach out to others outside the courtroom? Talk about one or two initiatives that you think have been successful. RG: I believe judges have a
duty to use the bench to help in the community, to the extent it is ethically allowed. Being a judge comes with a great deal of respect, and an ability to bring the community together over some issues. Using that influence for good just helps everyone do better.
One project I just finished is bringing all the agencies together to deal with children on the autism spectrum who are charged with delinquent acts. For example, a child on the spectrum may take an action which, technically, is a battery. The real cause may be a random reaction to an unexpected stimulus. So, instead of treating them like any other delinquent juvenile, we bring the agencies together and tailor a plan to this child’s specific needs. Another project I worked on a while ago, and which I hope we can bring back in the post-COVID world, is the professionalism cruise. We took a three day trip to Mexico. On the way there and on the way back,
we had seminars in the morning. Participants got CLE credit and a nice little break. More importantly, lawyers from many different backgrounds got a chance to socialize and get to know each other. Carmella Porter gets the lion’s share of the credit for coming up with and implementing the idea. Q: What do you enjoy doing outside the world of law? RG: I love collecting, and I
especially love collecting really fine scotch, whiskey and whisky. I also enjoy yard sales, garage sales, estate sales and auctions. They are fun, and it feels like a treasure hunt. You never know what you might find! It is also very relaxing!
Q: Who would you like to thank for helping you become the judge that you became? RG: Judge Hodges! Whenever I
had a tough decision, I would ask myself: “What would Judge Hodges do?” I also have to thank my JA of 14 years, Robin White. She was invaluable. Of course, my wife was a heavy influence on me, and I truly appreciated her willingness and patience, especially in the early years. Frankly, I have way too many people to thank. Fellow judges, the lawyers who appeared before me, court admin and court security…they all contributed, and I am grateful for all of them. Q: So, what is next for you? RG: I will go travelling with my
wife as much and as far as we can. And, I will be “of counsel” at Levin, Papantonio and Rafferty. I also have several charities and projects I have worked with that I plan to continue to work with. On behalf of everyone in the legal community of Northwest Florida, I would like to thank Judge Goodman for his tireless commitment to the law, to the community and to the people he encountered. I wish you the very best in retirement and look forward to your future projects!
14 | The Summation
The Practice of Patience:
The 2021 Florida High School Mock Trial by Judge David Langham, Deputy Chief Judge of Compensation Claims
S
et in fictional Canton County Florida, the 2021 High School Mock Trial problem was replete with challenges. The defendant, Fran Lewis, was charged with murder. She was an environmental activist known for protesting against a local paper company. She also had a pending lawsuit alleging the plant’s pollution was responsible for Fran’s spouse’s death. Months before the murder, she had been overheard telling the victim s/he was “a dead man walking.”
The murder occurred on the paper company’s premises. To make matters worse for Fran, evidence at the crime scene included red spray paint spelling “pig” on a paper company window. This was similar to graffiti in a demonstration, to which Fran had pled guilty to months earlier. A spray can was found on the premises, with a fingerprint that matched Fran. And, on an adjacent logging road, there were foot prints and tire marks that matched Fran’s shoes and tires. There was also a witness that claimed to have seen the defendant at a convenience store close to the paper company around the time of death. The defense was not without arguments. The security guard that found the body conducted an
investigation while awaiting the police and might have had motive to implicate Fran. It was this security guard who located and pointed out the empty spray paint can to police. It was this security guard who enjoyed a promotion thereafter, taking over the decedents former job. The defense’s expert witness performed a volume of experiments, each discrediting the mere possibility that the eyewitness could have seen anyone at the convenience store under the conditions described. The county sheriff had challenges as well. The sheriff had collected the evidence pointed out by the security guard and obtained warrants against
the defendant. The sheriff ’s sole suspect and focus was Fran. The sheriff was reputed to have a long standing feud with defendant and her family. Furthermore, the paper plant/victim was a major contributor to the sheriff ’s election campaign. Fran’s mother testified about both the sheriff ’s bias and provided a significant alibi for Fran. In the First Judicial Circuit, we have had a Circuit competition for years. Teams progress from such competitions to the state and national level. Across the state, teams gathered in 2020 for the competition. However, in the immediate aftermath of the circuit
Summer 2021 | 15
competitions, COVID came to call. The state and national competitions were canceled. In the fall of 2020, many questioned the practicality and advisability of proceeding with the contest in 2021. A handful of intrepid volunteers perceived not obstacles, but opportunity. Their collective decision was to hold the competition virtually, in reflection of what so many court systems had done before them. The First Circuit competition was the week or March 22, 2021, via Zoom. The competition had a fantastic group of presiding judges: Dr. Charlie Penrod, Hon. Jennifer Frydrychowicz, Hon. Michael Allen (Ret.), Hon. Gary Bergosh, Hon. Ross Bilbrey, Hon. Margret Kerr, Hon. Jonathan Walker, Hon. Amy Broderson and Hon. Kenneth Bell (Ret.). Six teams participated, and the results were Gulf Breeze High (1st), Navarre High School (2nd) and Pensacola Catholic (3rd). The scoring and critique was provided by 16 local attorney volunteers: Hana Bilicki, Shekka Drayton, Jessica Etherton, Brenton Goodman, Alan LaCerra, Pamela Langham, Amanda Kidd, Patrick
Martin, Aaron McCurdy, Travis Morock, Shannon Morris, Valerie Prevatte, Adam Royal, Tara Sa’id, Amy Shea and Bonnie Staples. The teams gathered virtually the week of April 21 for the state competition. The First Circuit did well, with Gulf Breeze finishing 6th overall in the state. First place in the state went to Lakeland Christian, and St. Thomas Aquinas was second. However, the honors for best advocate in the state went to Gulf Breeze senior Margret Ann Vinson. The innovation was inspiring. Organizers had digitized the ballot process, solicited volunteers, provided training and (wisely) recruited the young and technicallyabled to facilitate the virtual
challenges. The competition was conducted with significant help from college students from FIU and FSU maneuvering competitors, coaches and time keepers into virtual rooms. Amazingly, a generation raised on in-person processes jumped in and provided an outstanding virtual experience for these exceptional students. The First Circuit is grateful to the Escambia Santa Rosa Bar Association for logistical support. The Young Lawyers Division provides financial support that allows for use of the courthouse (in most years) and for trophies and other recognitions. The Bar’s support and participation is so critical and appreciated.
16 | The Summation
Report from the Board of Governors from Jeremy Branning
T
he Florida Bar Board of Governors met in person for the first time since January 2020 (with some members attending via Zoom video conference) on May 21, 2021. The major actions of the Board and reports received included:
The board voted unanimously to approve a proposed budget for the fiscal year of 2021–2022 that continues a 20-year trend of no membership fee increases. The proposed budget provides for $44.2 million in spending and projects an ending general fund balance of $27.5 million. The proposal now goes to the Supreme Court for final approval. The board heard the final report of the COVID-19 Pandemic Recovery Task Force for 2021, which acted as the Bar’s central clearinghouse for COVIDrelated information and issues, and the creation of the COVID-19 Information and Resources webpage was vital to their effort. The Florida Bar Tech Support Helpline’s three-month “beta test” promoted to solo and small firm practitioners is more than halfway through, and excellent feedback is being received. The proposed
member service would provide free non-emergency, remote computer, software and related technology support to members in good standing. In other action, the board approved the following: • A recommendation to find a law firm’s TV advertising slogan was generally permissible.
• A proposal to amend Bar rules to slightly ease some advertising restrictions, including eliminating the need for some disclaimers when using reenactments and the need to review advertisements merely because they feature social media icons. • Updates to the bylaws of the International Law, Health Law and Public Interest Law sections.
Passing the Gavel It has been the great honor of my life to serve the citizens of Escambia County on the bench of the First Judicial Circuit for more than 20 years. The trust that voters placed in me to treat every case with fairness and respect will never be forgotten.
The Honorable Pat Kinsey
As age restrictions would prevent me from completing another full term, I have decided to retire by not seeking re-election when my current term expires.
Announcing my retirement now gives potential candidates time to consider their future. Voters will decide my successor in the primary election to take place on August 23, 2022. I look forward to passing the gavel to a candidate whose commitment to fairness and justice is as deeply felt as my own. – Judge Pat Kinsey
Summer 2021 | 17
Young Lawyer’s Division by Travis Morock
W
hat a year it has been!
Nobody expected the hurdles and obstacles confronting us in our professional and social life due to COVID-19. Despite the difficulties facing the Young Lawyers Division (YLD), I am glad to report that YLD was able to achieve its mission and goals by continuing its tradition of hosting social events for networking, contributing to local charities and promoting the professional development of its membership. During the last year, YLD has participated and partnered with new social and charitable organizations in the community. During the holidays, YLD 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. Members of YLD were able to shop together for items on the children’s wish lists and spend time getting to know other members, as well as have fun spreading Christmas cheer. YLD also 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. It was a great event that brought together two local lawyer associations. During that happy hour event, YLD was able to collect more than 128 pounds of food for Manna Food Bank. Most recently, YLD partnered with the Pensacola Area Realtor’s Young Professional Network and hosted a social event where we collected donations for Backpack Project USA, which is a non-profit organization dedicated to providing weekend food for elementary school children in Escambia County who have been identified as at risk for hunger. YLD would never have been able to navigate through the shifting COVID-19 regulations and
uncertainties while accomplishing its goals without support from its Board members (Caitlyn Miller, Michelle Nguyen, Cecily Parker, Logan Sliva and Andrew Spencer). Though the 2020-2021 is a year all of us will remember as the year of social distancing and isolation, it is a year that we can all relate to that will bring us together and allow us to appreciate the opportunities and events that YLD will have moving forward. There were many new faces present at the May happy hour ready to participate and be involved in YLD, and I am excited to watch our membership continue to grow. I am honored to serve as the YLD President and am looking forward to YLD’s continuing community impact all while bringing together young lawyers.
18 | The Summation
The Bottom Line A Paralegal Outside the Box by Jenice C. Jones, CP
T
he American Bar Association (ABA) defines a paralegal as “a
person qualified by education, training, or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.” For many years my paralegal career fell squarely within this traditional definition. Several years ago due to an unexpected downsizing I was at a crossroads in my career. I started thinking outside the traditional paralegal box and looked for a new opportunity in a position not as a traditional paralegal but one where I could still utilize those paralegal skills honed over the years. In 2017 that new opportunity knocked when I began working at Navy Federal Credit Union as an Escrow Administration Specialist. It took some adjustment but I relied heavily on my flexibility and adaptability and within no time I found my groove. This new position still offered me the chance to utilize some of those prior paralegal skills of researching, analyzing and reviewing, so I was not a complete fish out of water. It
was not long thereafter that a new opening was announced for the credit union’s Court Order Operations department, and I was able to transition into that department as a Garnishment Specialist and now a Subpoena Specialist. Working first as a Garnishment Specialist and now as a Subpoena Specialist I feel more like a traditional paralegal even though it is not quite the same as working in a law firm. Our Garnishment Specialists process the liens, levies and other legal attachments served on the credit union. Our team of Subpoena Specialists handle a multitude of records requests and subpoenas that are served on the credit union. We have to review each request for accuracy and will escalate any issue that may arise regarding a particular request. We also coordinate any personal appearance at trial or hearing and any deposition requests of other employees. It is demanding work but overall you feel a sense of accomplishment in successfully completing each records request or appearance.
Further, I am proud to be part of a hard-working, dedicated team providing this essential service. From time to time, I still reminisce about my old paralegal life and working in those law firms directly with the attorneys and other staff. I truly enjoyed helping clients successfully complete the probate of a loved one’s estate, researching a specific contract issue or preparing for an important hearing. However, my new team and position offers me many rewarding moments as well. I checked in with some of my teammates in Court Order Operations, many of whom worked as traditional paralegals as well, and asked what, if anything, they missed about the traditional
paralegal role in the law office. It seems the consensus is there is no replacement for the stressful yet still exciting trial work or even just visiting the court house on a regular errand and seeing staff, other attorneys or local runners you may know. All in all, if you as a paralegal ever find yourself at a crossroads in your career, do not be afraid to think outside the box. A financial institution or corporation can offer you many new and exciting challenges. Your paralegal skills can be utilized in many ways, and you can find many rewarding careers outside of the traditional law office….and that’s the Bottom Line.
Summer 2021 | 19
Argo Corner Pets as More Than Personal Property by Emily R. Turner and Jennifer L. Brinkley
D
uring the beginning of the COVID-19 quarantine, animal shelters
across the United States saw a massive increase in demand for fostering and adoptions. Animal shelters in Florida were no different, with shelters across the state reporting drastically reduced numbers. Locally, the Santa Rosa County Animal Shelter went from 169 animals available for adoption or foster to only three during a single week in March 2020. Given the increase in pet ownership during 2020 and the fact that 95% of pet owners consider their pet a family member, it is important to consider what happens should a divorce occur within the human family. Like most states, Florida classifies pets as personal property. In a divorce, pets are given no more consideration during the division of assets than would be given a lamp. The family pet is left to be awarded by the trial court based upon the rules of equitable distribution. Florida was recently ranked third in the nation for the highest divorce rate. Additionally, 56% of Florida families report to be pet-owners. Florida laws should require courts to consider the unique situation of the pet and what is in the best interest of the family when deciding where the pet will live. This is not a new idea. Alaska was the first state to enact
legislation in response to the cultural shift of recognizing the pet-family bond and, as a result, classifying pets as more than personal property. H.R. 147 was the result of a divorce case involving court-granted visitation rights for “Coho” the dog. H.R. 147 became effective in 2017 and requires judicial consideration of the “wellbeing of the animal” during adjudication of ownership.
based on the well-being of the pet, the court eliminates the danger of spouses attempting to weaponize pets during divorce proceedings and using them as a manipulation tool.
Following the path set by Alaska, The cleared shelters are evidence Illinois amended its Marriage of the human desire to bond and Dissolution of Marriage with companion animals Act in 2018. This amendment for emotional support and makes the consideration of the comfort, especially during pet’s well-being a mandatory highly stressful times. It is requirement during the trial important to remember that court’s decision, although the divorce proceedings are highly factors which determine wellbeing are often left to the court’s stressful times as well. As such, it is up to the court to discretion. California passed help manage the proceedings Assembly Bill 2274 in 2018 and make decisions within the shortly after Illinois’ legislation best interest of children and was passed. AB 2274 allows families. It is easy to see how courts to consider “the care involving the family pets in this of the pet animal.” Unlike the decision-making could either other two states, a best interest add to, or help alleviate, stress. consideration is only applied An argument against pet custody within California pet custody statutes involves not wishing to cases if requested by one of add issues involving pets to an the parties involved within the already overly burdened court divorce. By requiring a finding
docket. However, it appears that pet custody statutes in Alaska, Illinois and California have been successful. There is no indication these types of findings would be any more burdensome than other findings of facts and conclusions of law that must be made in a divorce proceeding. Often viewed as more than “man’s best friend,” pets are considered full-fledged family members. Bearing in mind the events surrounding quarantine and the clear evidence that family pets provide support and critical emotional bonds, it is time for Florida legislators to amend family law statutes to reflect the widely accepted view that pets are more than personal property. Our laws should reflect an accurate view of pet ownership and allow courts the discretion to appropriately resolve conflict when it comes to family pets.
20 | The Summation
Florida Bar President Tanner Emphasizes Professionalism by Jim Ash, Senior Editor, Florida Bar News
E
ager to move beyond the pandemic and pledging to reexamine and
strengthen core values, newly sworn Florida Bar President Michael G. Tanner announced that he intends to pursue professionalism, access-tojustice and career opportunityrelated initiatives. “This is the time when our society has been under stress, when we need a truly robust third branch of government and when we should recommit ourselves to our core principles,” Tanner said. Moments after taking his oath of office at a June 11 General Assembly in an Orlando hotel ballroom, the veteran Jacksonville civil trial attorney and Gunster shareholder praised the Supreme Court and his predecessor for keeping the courts functioning during a 15-month global health emergency that claimed the lives of more than 32,000 Floridians.
“I hope all of our members know that there were many places around the country that didn’t function nearly as well as we did, and we owe you a debt of gratitude for that,” Tanner said. Then, turning to the year ahead, Tanner suggested that in a post-pandemic environment, lawyers will have to continue innovating to address longstanding challenges. “The key challenge we are going to have over the next year, and probably beyond is how we strike the right balance between the way we used to do things 15 months ago and the way we’re doing them now,” he said. Meeting those challenges will involve a reexamination and renewed commitment to the profession’s core values. As Tanner compared these values to the way in which the Founding Fathers built the American experiment on a foundation of what they knew best.
After thanking his wife, Dawna, Tanner turned to Supreme Court Chief Justice “It may surprise you, as it did Charles Canady and referred me, that after eight years of to the court’s extraordinary war with Britain, Alexander embrace of remote technology Hamilton still valued many of that facilitated the resolution the traditions and principles of more than 3 million cases. of British law,” Tanner
explained. “He said at the Constitutional Convention that the British government formed the best model the world has ever produced.” He went on to explain that the Founding Fathers were “tethered” to the past but incorporated radical new ideas, forming a type of government never before seen in history and which remains the best in history. “For us as Bar leaders, in looking at how we strike that
right balance, some of the lessons learned last year are obvious to us. We know that we can use technology to do many things more efficiently and cheaper than before,” he said. “We know that we can be adaptive to new ways.” Tanner suggested that the challenges are bigger than Zoom fatigue. “And I’m not just talking about remote proceedings and how the courts function. I’m talking about how we face all
Summer 2021 | 21
of the forces of change that we know are at work in our profession and our branch,” he said. Tanner didn’t specify the challenges. But in his campaign for president-elect, he focused on the lack of professionalism in the legal community; the growing unmet need for legal services and the inability of consumers to afford them; the rise of automated technology; and a need for more diversity. Tanner told the audience that his plan to address key challenges centers on the Board of Governor’s May 21 approval of three key initiatives, including the creation of a “Special Committee for the Review of Professionalism in Florida” that will be co-chaired by President-elect Gary Lesser. The committee’s duty will be a complete top to bottom review of the professionalism in Florida. “We’re going to look at how and when we teach it, how we define it, how we enforce it, how we promote it and what its relationship is to mental health and wellness,” Tanner said. The goal is to create suggestions to the court for improvements in these areas.
The key challenge we are going to have over the next year, and probably beyond is how we strike the right balance between the way we used to do things 15 months ago and the way we’re doing them now.” When he presented the proposal to the Program Evaluation Committee on May 20, Tanner said that while he was traveling the state for his campaign, lawyers at every stop approached him to discuss the subject. Also, at the May 21 meeting, the Board of Governors approved a one-year extension for the COVID19 Pandemic Recovery Task Force that Tanner chaired before becoming president.
And third, Tanner said, a newly approved Special Committee on Opportunity in the Practice of Law in Florida will seek to enhance career opportunities and training for lawyers, especially young lawyers. The committee will be charged with producing a set of recommendations or best practices that employers of Florida lawyers can use in all practice settings: private law firms, government agencies and corporate law firms and law departments.
The taskforce’s new charge, Tanner told the audience, “The goal will be to increase their “is going to be a review of career development and training, the potential for an online their leadership opportunities, platform for the complete and in the case of private management and resolution law firms, their economic of small-value civil claims, to participation,” Tanner said. be administered by our courts. These are going to be claims The initiatives, combined, of under $1,000.” will spark new ideas that can improve who we are and what The goal, Tanner said, “will be we do, while maintaining our ultimately, if such a system core principles. were deployed, for that system to be one that could be easily “As we move off the pandemic, used by unrepresented citizens.” and face other forces of
change on our profession, the key lesson I suggest to you this morning is that we need to be prepared to ask why we do things in our branch of government, and then be open to answers that may be different than what we’re used to or what we expect,” Tanner said. Referring to the theme of the Annual Convention, “Here Comes the Sun,” Tanner said he sees a profession with a bright future. “We have young lawyers continually coming into our ranks, motivated to serve. Pro bono is flourishing; community volunteerism is still flourishing and did throughout the pandemic. We know that we can be more resilient beyond what we ever thought we could,” Tanner said. Tanner said that brighter outlook reminds him of a quaint, evocative metaphor from Their Eyes Were Watching God by the celebrated writer, Zora Neal Hurston. “Some people can look at a mud puddle and see an ocean filled with ships,” Tanner explained. “That’s the kind of spirit that I look forward to us embracing together in the upcoming year.”
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