The Summation Quarterly, Winter 2024

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Phone:

email: esrba@esrba.com

Lawyer

Lawyer

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.

From the President

Dear Friends:

The holiday season is upon us, and on behalf of the Escambia Santa Rosa Bar Association, I want to personally offer my best wishes to all members of our organization and express a sincere thank you to all who stepped up in the past year to further our mission.

I am especially grateful to all the sponsors, volunteers, leaders and staff members who helped make 2024 a success. Especially during this season, I want to recognize those who give so selflessly of their time, effort, and resources to support our continued success. This includes our staff Mr. Jeff Nall and Mr. Stephen Hayward, our executive Committee members, and everyone who has volunteered their time and resources to CLE Programing and bar lunch presentations. I am thankful for the dedicated members who support our events and programs which further our professional development and mission.

Time goes quickly, 20 days is not as long as it used to be, and soon to be implemented changes to our Rules of Civil Procedures might make time seem even faster. Nevertheless, this is a special season. I hope that all are able to engage with family and friends and focus on what is most important to each of you personally as the year comes to an end. As we all reflect on 2024 and look forward to 2025, please accept my sincere best wishes and warm thoughts for a happy and healthy holiday season and a productive and positive New Year. I am proud of our success and look forward to furthering our goals and mission in 2025.

Finally, if there is something I can do to make your ESRBA membership more meaningful, or anything I can do better, please do not hesitate to reach out to me.

I wish you all joy and peace this holiday season.

Sincerely, Joe

December 12th

6-8pm

Heritage Hall

H liday Party

Presenting Sponsor

Gold Sponsors

Silver Sponsors

Beggs & Lane

Cardoso Law

Clark Partington Moore, Hill & Westmoreland

Bronze Sponsors

Legal Services

of North Florida
Beasley Allen
Rafferty Dominick
Cunningham & Yaffa

The Escambia-Santa Rosa Bar Association

Executive Council

Officers

President

Joe Passeretti

Vice President

Rebecca Gilliland

Secretary

Stephen Luongo

Treasurer

Rachel Thomas

Immediate Past President

Christine Kelly

Executive Council

Kristina Cook

Brenton Goodman

Patrick Jennings

Jessica Scholl

Alexis May

Michelle Nguyen

Shelby Savage

Andrew Spencer

Angela Trawick

Aaron Watson

Young Lawyer

Representative

Alex Messmore

Don’t forget that members save 40% on our ever expanding library of CLEs

Scan this QR code to check out our current selection of great CLE programming!

Stay current on everything going on with the

Escambia – Santa Rosa County Bar Association

Be sure to check out the ESRBA website for all upcoming events.

Announcements

We are finalizing the 2025 ESRBA membership directory. Reminder all active members will receive a copy, but additional directories are available for purchase. Please contact the office, if you want to reserve additional copies for your staff.

The Escambia-Santa Rosa Bar Foundation Board of Directors

Officers

President

D. Steve Traylor, Jr

Vice President

Jodi Dubose

Secretary & Treasurer

Cameron Gore

Directors

Jeremy Branning

Shekka Drayton

Heather Lindsay

The members of the Executive Council and ESRBA staff would like to wish everyone in our legal community Happy Holidays! We look forward to seeing many of you at our January 16th Luncheon.

Patrick Martin

Aaron McCurdy

Adrianna Spain

Warren Todd

Kasey Watson

John “Buz” Windham

Mikaela Ziko

Chris Kelly

ESRBA President Joe Passeretti

Pictured: Charles Beall, David Hiers, U.S. District Court, Central District of California Judge Philip S. Gutierrez (ret.), First Judicial Circuit Court Judge Stephen Pitre, Valerie Prevatte, Benjamin Stevenson.

Escambia-Santa Rosa Bar Association

Young Lawyers Division Board of Directors

Officers

President

Alex Messmore

Vice President

Ander Schimek

Treasurer

Craig Wood

Secretary

Sara Davis

Directors

Brooke DiSalvo (Immediate Past President

Blake Radford

Rebecca Radd

Madison Stacey

Lexie Fuller

Will Hahn

Michelle Nguyen

Mitchell de Kozan

Kreg Jones

Gabe Mueller

Madison Leonard

Haley Hadden

Carllee Godwin

Sara Papantonio

Margaret Zinsel

On the Move

GrayRobinson is expanding into the Pensacola market with a new office and a team of board-certified lawyers. Joining GrayRobinson are John Adams, Robert Jones III, Joseph Passeretti, Carllee Godwin and Hannah Blount McDonough. Adams will serve as the managing shareholder of the Pensacola office located in the Downtown Pensacola Historic District at 601 South Palafox St.

Rachel Thomas is now with Carr Allison and can be reached by phone (850) 308-0876 or via email at rthomas@carrallison.com

The Watson Firm has found a new home! Their offices are now located at 350 W Cedar Street, Suite 301.

ESBRA New Members

Sara Wendel Legal Services of North Florida sarawendel24@gmail.com

Yasmin Hernandez

Lloyd Gray Whitehead & Monroe yhernandez@lgwmlaw.com

Johnathan Hughes

Wade Palmer Shoemaker jhughes@wpslawyers.com

Aliah Hill

Wade Palmer Shoemaker ahill@wpslawyers.com

Connor Burke Clark Partington cburke@clarkpartington.com

Jonathan Aylstock

Aylstock Witkin Kries & Overholtz jaylstock@awkolaw.com

We are excited to announce that COASTAL Probate, Trust & Elder Law, led by attorneys Kathleen DeMaria, Kimberly Sullivan and Kathlyn M. White, has moved to a new location. Their office is now conveniently located at 905 E. Hatton Street, Suite B, Pensacola, FL 32503. For those needing expert legal services in probate, trust, and elder law, you can reach them at (850) 434-2761. This relocation marks a new chapter for the firm as they continue to serve the community with dedication and expertise.

John Mahoney II is now with Averill Reaney, Attorneys at Law. Their office is located at 4290 Woodbine Rd in Pace. John can be reached via email at jmahoney@arlawllc.net or by phone (850) 201-0819.

Jason Gerth Morgan & Morgan zgerth@forthepeople.com

David Moorehouse Office of the State Attorney david.moorehouse@gmail.com

Matthew Carbone Moorhead Law Group mcarbone@moorheadlaw.com

Eric Reuter First Judicial Circuit Court eric.reuter@flcourts1.gov

Lighthearted Mentorship in the Legal Profession

This is an article celebrating an unsung but surprisingly effective form of attorney mentoring: pithy proverbs of the profession. Not as impactful as a ‘war story,’ but more memorable than mere advice. Adages about the practice of law can impart more insight and retainable wisdom to the listener than studying the densest treatise on professional responsibility.

What’s the secret, you ask? Their brevity? Their authenticity? Their irreverence? Yes. I have been fortunate enough to interact with many personalities of the bench and bar over the years. Little did those people know that many of them would become unofficial mentors of mine through their simple acts of sharing a lesson they learned about the practice of law in a style that amused me and that I can easily recall. I pass along some of those memorable remarks to you now, in no particular order, so that you, too, may be able to absorb their principles for the betterment of you and the professionor at least chuckle a little:

Matt: “I think I messed something up. Badly.” Mentor: “That’s ok. That’s why they call it the practice of law.”

Mentor: “Best day of my life is when I stopped practicing family law.”

Matt: “What about your wedding day? Birth of your kids?”

Mentor: “No.”

Mentor: “Many South Florida lawyers interpret ‘zealous advocacy’ as giving them a duty to make your life miserable.”

Matt: “I need your advice.”

Mentor: “Don’t do it.”

Matt: “There is just no pleasing this client.”

Mentor: “You need to give them the ‘Three Options.’ You tell them you can work fast, cheap, and good. But they can only pick two of those at any one time.”

Matt: “I can’t believe the parties are fighting about this. They should really just talk this out.”

Mentor: “They need to feel the cost of what they’re requesting to put it in perspective. We call that ‘Fee Therapy.’”

Mentor: “Do not believe nor agree to represent any client that tells you that they’re there ‘for the principle of the matter.’”

Mentor: “If there’s a choice, always appear in person. Don’t make it easy to be ignored.”

Matt: “That was such a bad ruling. I can’t believe it.”

Mentor: “It happens. It’s a legal system. Not always a justice system.”

These little dialogues and witticisms among lawyers about the profession are everywhere and they demonstrate to me that legal mentorship is alive and well, even though the format may sometimes surprise you. Mentorship does not always have to have a rigid formality to it. Most lawyers don’t even

realize the positive impact they are having on their peers by simply acknowledging that they too have had to navigate a similar difficult experience in their own practice – to the point that they have even developed or received a memorable phrase of advice as to said experience. In my opinion, the passing along of these professional truisms among friends and colleagues helps remind us all that the legal community is much more of a team sport than we give it credit for.

If you have your own great lessons and experiences on the profession, I encourage you to share them! There are great programs and opportunities offered through The Florida Bar to help provide your insight to the next generation:

• Counsel to Counsel: A mentoring program pairing new lawyers with more seasoned practitioners,

• Lawyers Advising Lawyers: A service advising on specific areas of law and procedure, and

• Decorum.law: a library of accessible and free resources to maintain the highest ideals of professional legal practices at every stage of a lawyer’s career. There are also local bar associations and members in your area who could benefit from your experience as well. Making a positive impact on the profession and the lawyers you work with is easier than you think and probably more enjoyable than you expect. As the saying goes: “we make a living by what we get, but we make a life by what we give.”

News from the Clerk of the Circuit Court and Comptroller

The Clerk’s Pre-Payment Audits

Why the Clerk’s Pre-Payment Audits are Important to Taxpayers?

In Florida, the Clerk is also the Comptroller and plays a vital role in maintaining fiscal responsibility at the local government level. Your Clerk and Comptroller serves as part of a system of checks and balances in county government. One of the Clerk’s most important functions in this system of checks and balances is the pre-payment audit - a review of county expenditures before payment is issued from the treasury. Pre-payment audits are crucial to protecting taxpayer dollars, ensuring financial integrity, and promoting transparency in local government. What is a Pre-Payment Audit?

A pre-payment audit is a thorough examination of a payment request before your taxpayer dollars are disbursed from the County treasury. This process involves reviewing invoices, contracts, and other supporting documents to ensure that payments are legal and do not overspend the County’s budget. Unlike post-payment audits, which review transactions after they have occurred, pre-payment audits help prevent errors, fraud, and waste before money leaves the County’s treasury. Thousands of pre-payment audits are completed by the Clerk’s office each year.

Why do Pre-Payment Audits Matter?

1. Preventing Fraud, Waste, and Abuse

Pre-payment audits serve as an early line of defense against fraud, waste, and abuse. By scrutinizing payment requests before funds are disbursed, the Clerk’s office can identify and address potential issues such as inflated invoices or improper charges. This helps to reduce the risk of taxpayer money being misused or lost due to fraudulent activities. For example, if an invoice is submitted multiple times or charges are higher than agreed upon, the Clerk’s office can catch these discrepancies before payment is made. This process significantly reduces the likelihood of financial misconduct that drain taxpayer dollars.

2. Ensuring Legal and Contractual Compliance

Pre-payment audits also help ensure that all payments comply with local, state, and federal laws, as well as County policies. Before payment is made, the Clerk’s office ensures that vendors were selected according to all applicable procurement rules or, if the money is part of a federal grant, that the funds follow all applicable federal regulations. The Clerk’s office also ensures that services and goods purchased align with the terms of the contract and that all necessary documentation is submitted before payment.

3. Promoting Government Transparency

By thoroughly reviewing payment requests, the Clerk’s office ensures that taxpayers have visibility into how their money is being spent. Documents received by the Clerk’s office in the pre-payment audit process are public records and available for inspection by the public. Thus, pre-payment audits help promote a culture of transparency in county government and this helps to foster trust between local government and its citizens. In addition to pre-payment audits, annual external audits are required for governments and serve to give taxpayers access to additional information about how funds are allocated and spent. Both external and pre-payment audits promote accountability among government officials.

4. Reducing the Risk of Costly Errors

Mistakes can happen, especially in large, complex government operations. Pre-payment audits help to catch errors before they result in costly consequences. Through the pre-payment audit process, the Clerk’s office helps the County catch potentially expensive mistakes that could lead to budget overruns, financial penalties, or the need for corrective action.

The Bottom Line for Taxpayers

Pre-payment audits performed by the Clerk and Comptroller’s office are essential for ensuring that local government finances are managed responsibly and transparently. The Clerk’s audits help prevent fraud, waste, abuse, and errors by thoroughly reviewing payment requests before funds are disbursed. For taxpayers, this means that their hard-earned money is spent in accordance with the law. The Clerk’s pre-payment audits serve as a vital safeguard against mismanagement and provide a level of oversight to help strengthen trust in local government. Fraud, waste, or abuse within Escambia County government can be reported by contacting the Clerk’s Office of Internal Audit at 850-595-0150 or by submitting a tip via the Clerk’s website at the link embedded in the QR code below.

Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller

Recently the Supreme Court of Florida reworked several rules of procedure regarding civil cases and civil case management. These alterations, now more than ever, will require the court and attorneys to work cooperatively to move cases efficiently through the system.  I have recently entered an administrative order in keeping with the Supreme Court requirements, which will be effective January 1, 2025.

News from the Bench

Attempts to streamline the civil justice dockets in our state are not new. The most recent changes to case management procedures began during the COVID-19 era, as an attempt to expedite the resolution of outstanding civil cases. At the time, then Chief Justice Canady was quoted in the Florida Bar News, remarking, “People are going to have to understand that when they come to court . . . they need to be ready to go. If they’re not ready to do that, then they probably shouldn’t be filing a complaint.”

As many of you are aware, First Judicial Circuit Judge Stephen Pitre and YLD President Alex Messmore led a discussion of the new order and rule changes at the Escambia-Santa

Rosa Bar Association luncheon on November 21. I deeply appreciate everyone’s thoughtful consideration and attention. I hope that each of you will embrace the changes that are coming. We will attempt to remain flexible as we learn what works (and what does not). As we determine what works best for our circuit, I remain open to revisions of the administrative order and the forms.  The forms we have produced are for general and streamlined cases; the new rule does not require standardized forms for complex civil matters.

Echoing Justice Canady, we all need to be “ready to go.” This manifests in several ways. Please take time to review the administrative order which can be found on the website (AO2024 – 25). The administrative order includes sample case management orders. I cannot overemphasize the importance of meeting the deadlines set by the Court in the case management orders.  These orders are a blueprint of the Court’s expectations and should be treated as such. The burden of meeting deadlines is shared — both the parties and the Court must strive to meet them in every case. In addition, filing the required notice of final service will be of great benefit in helping the Court set realistic deadlines for the parties.

In the spirit of cooperation, there are other things we can do to work better to provide justice for the people of Escambia and Santa Rosa Counties. Please be mindful of your attendance at court hearings.  I have heard on more than one occasion that attorneys have been chastised for failing to attend Zoom hearings.  I do not need to remind you that failing to appear for a scheduled hearing is a waste of both the Court’s and co-counsel’s time. It is also extremely helpful when lawyers talk to opposing counsel ahead of hearings.  Much time can be saved on all sides when counsel confer.

Moving forward, you may expect that judges will be more stringent in compliance with time frames and with service requirements. You may also find that judges are more likely to deny continuances or to impose sanctions. Please understand that these actions are not intended to be punitive, but rather an effort to meet the time standards required by the rule. Again, we remain open to suggestions as we work through this process, and we hope with ongoing communication and collaboration between the bench and bar, to continue to provide timely justice for our citizens.

REDISCOVERING THE CIVIL RIGHTS MOVEMENT IN ALABAMA

AN ADR RETREAT REFLECTING ON CONFLICT RESOLUTION AND COURAGE

and County Court

Few Florida lawyers have experienced the struggle of African Americans in Alabama in the 1950’s and 1960’s to achieve equal civil rights with those of whites, nor have they had the opportunity to appreciate their courage and perseverance in obtaining those basic rights guaranteed to every American by our federal Constitution. This year’s annual retreat of the Alternative Dispute Resolution Section of The Florida Bar this past September brought this history to life to a group of thirteen lawyers and three laypersons (my wife, Ellen, the mother of a lawyer, and a godchild of another). Organized by Ana Cristina Maldonado, ADR Section Chair, with the helpful input of others, we embarked on a three-day retreat visiting the cities of Montgomery, Selma, and Birmingham. Each city commemorated the sacrifices of African Americans where significant demonstrations, boycotts and horrific murders had occurred.

Montgomery has opened the doors of the Dexter Avenue King Memorial Baptist Church for guided tours of the sanctuary and the downstairs auditorium where a mural of prominent civil rights leaders graces an entire wall.

This Church was Rev. Martin Luther King’s only pastorship from 1954 to 1959. From there, he gave sermons and planned the bus boycott with other leaders. As part of the retreat, we were met at the Church by retired U.S. Magistrate Judge Vanzetta McPherson who, as background to the birth of the civil rights movement, gave an eye-opening talk about what segregated life was like in Montgomery. In her re-telling, the races did not mix, a situation which came to be accepted as a normal way of everyday living. Such co-existence was not considered particularly oppressive by blacks. However, as Judge McPherson emphasized, a segregated society falls under its own weight. After graduating from Columbia University Law School, Judge McPherson joined other civil rights lawyers, including then lawyer Thurgood Marshall, to bring lawsuits to integrate public places and educational institutions.

The most moving part of the retreat was in Montgomery visiting the Equal Justice Initiative Legacy Museum, the Freedom Monument Sculpture Park and the National Memorial for Peace and Justice. We only had four hours to take in these three dramatic sites as we had visited the Edmund Pettus Bridge in Selma that morning, the site of the Bloody Sunday attack by police on March 7, 1965.

The Legacy Museum is laid out in chronological order and begins with graphic displays of the kidnapping and transport of Africans to the Caribbean, Central and South America and North America over the course of centuries. Brutal and inhumane conditions aboard slave ships were the norm. Slaves were shackled and placed in irons constricting movement. Once transported, families separated according to the needs of the slave traders and plantation owners.

After being sold to a slaveholder, the work was unrelenting, and for many, involved back-breaking manual labor and beatings if owners were displeased in some respect. With these facts, it should be clear that any notion that slavery was somehow beneficial to those enslaved is misguided at best.

As the Legacy Museum reveals, once slavery was ended by the surrender of Confederate forces and the ratification of the Thirteenth Amendment, African

Americans were still locked in a battle with white society. Ads were placed in newspapers by former slaves seeking the whereabouts of separated loved ones. Reading those ads was emotionally wrenching as the simple words in newspaper typeface hid the anguish that the writers must have felt. Few reunions took place in the years after the Civil War and during Reconstruction. Reconstruction failed by the eventual return to power of white supremacists whose state legislatures enacted Jim Crow laws and other laws severely restricting the voting rights of African Americans. One exhibit revealed a mock-up of a polling place with jars of jelly beans and lists of unanswerable questions. A black voter had to guess the number of jelly beans and answer all questions correctly before being allowed to vote.

We could have spent a full day at the Legacy Museum, but we were on a tight timeline to see the Sculpture Park and the Peace and Justice Museum. Shuttle buses connected these sites with the Legacy Museum. Arriving at the Sculpture Park, we looked out over a winding path of art work reflecting the struggle of black and indigenous cultures to thrive in North America. Several exhibits stood out. One was the reproduction of a box car used to transport slaves from market place to plantations and mansions. The box cars resembled those used to carry Jews and other “undesirables” to the concentration camps in Germany and Poland during the 1930’s and 40’s. Another was the reproduction of wooden cabins to house the enslaved: small interior spaces with few windows, a loft, and no running water. They were insufferably hot during the summer and bone-chillingly cold during the winter.

Our last and most poignant stop in this odyssey was the National Memorial for Peace and Justice. Here, rows and rows of coffin-like metal boxes hung from criss-crossing trusses. Each box represents the counties where lynchings and extrajudicial murders took place between 1877 and 1950. There are more than 4,400 names engraved on them.

Escambia County, Florida had five names and one unknown of blacks murdered between 1899 and 1910. One of the names was that of Leander Shaw, a name shared with the late Florida Supreme Court justice.

The memorial tracked beneath grade level where a wall flowing with water memorialized the thousands of blacks who were killed during this time whose names will never be known. Another section of the Memorial (called the Monument) stands another wall of flowing water with the etched names of twenty-four blacks killed during the 1950’s, Emmett Till being one of them.

Although a sobering experience for all of us, there was a moment of clarity and

hope. My wife, Ellen, asked one of the African American security guards, who patrolled daily the permanent reminders of past injustices, whether he enjoyed his job. The guard, unexpectedly, answered her, “yes” as he explained that he was doing his part to educate the visiting public about these past acts of cruelty so that the deaths of those memorialized are never forgotten and that a healing would occur. His expression of dedication was a fitting end to this day in Selma and Montgomery.

Placed between our days in Montgomery and Selma was a full day in Birmingham. We toured the Sixteenth Street Baptist Church where four young black girls were killed by a bomb set off at 10:22 am on Sunday, September 15, 1963.

Another young black girl lost an eye in the explosion. Later that same day, two young black men were killed by racially motivated violence. A film is shown hourly relating how the deaths of these six young people galvanized those advocating for equal civil rights was heart rending and brought tears to many eyes. Prior to the bombing, the Church had been a gathering and meeting place for rallies and demonstrations culminating in May 1963 with the Children’s March through Kelly Ingram Park where police used dogs and water cannon to disrupt the march. Metal sculptures of lunging dogs and determined defiance by marchers populate the Park.

A stone monument commemorated the leadership of three pastors, Revs. Smith, Porter and A.D. King who led a march on Palm Sunday, 1963 in support of Revs. Martin Luther King, Fred Shuttlesworth and Ralph Abernathy who had been jailed for their participation in protests, also lead to police violence against these marchers as well.

We marveled at their courage in the face of police brutality. Their perseverance resulted in the desegregation of public accommodations.

Later that afternoon, we visited the Birmingham Civil Rights Institute which displayed artifacts from the eras of segregation; leasing of black convicts for manual labor in coal mines; and civil rights engagement. A docent from the Institute, Charles Woods, shared his insights about the exhibits we were seeing and later led a discussion during lunch about “Constructive Conflict and Civil Rights.” He described the work of the Rev. Fred Shuttlesworth in the Birmingham civil rights movement as a leader who was an “actionist,” not an activist. Rev. Shuttlesworth led his congregation into dangerous confrontations with segregationists and was beaten and jailed for his passionate belief in equal rights for African Americans. As for the years following the passage of federal laws to protect

and preserve equal rights for African Americans, Woods made a distinction between those who are non-racist from those who are anti-racist. A non-racist believes in the equality and rights of all races but looks away when injustices occur or derogatory language is used against blacks or non-whites. An antiracist calls out that behavior and seeks to change it. Woods challenged us to be anti-racist and to speak out.

Before leaving Montgomery on the last day of the retreat, Ellen and I attended Sunday Mass at St. Peter Catholic Church and visited the Maya Lindesigned monument at the Southern Poverty Law Center honoring the civil rights movement. Etched on a marble rotunda flowing with water are significant events and milestones in civil rights history, situated in front of a wall of cascading water. An excerpt from a speech by Dr. King is engraved on the wall. It captures the essence of the civil rights movement that, “. . . until justice rolls down like waters and righteousness like a mighty stream,” the struggle to reach those shores continues.

The retreat brought into sharp relief the courage shown by African Americans to achieve rights equal to those enjoyed by white Americans. It reminded us what the law ought to do and how it can change lives for the better. Take a couple of days or a long weekend to travel to Montgomery, Selma and Birmingham and walk in the footsteps of those who risked their lives and livelihoods just as our founding fathers did when they signed the Declaration of Independence. You will leave inspired to do better.

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We are excited to connect with local attorneys, paralegals, legal secretaries, law firms, and legal professionals throughout Pensacola and the Florida Panhandle.

To celebrate our market entry, we will be hosting a meet and greet in the new year. Stay tuned for upcoming details about this networking opportunity.

ARGO CORNER

The Reading Writing Group at Santa Rosa Correctional Institution

A couple of mornings each month, I drive to Milton for my book club. It’s a reading and writing group, but I haven’t been brave enough to write any of my own poetry, let alone share it with the other members.

I have been a lifelong voracious reader. I’ve cultivated a healthy vocabulary, yet even I find myself reaching for a dictionary sometimes. As I’m pulling up the dictionary app on my phone, I wonder about how the other people in the Reading Writing Group carry out the same inquiry. I left out a relevant detail: Most of our club’s members are currently incarcerated at Santa Rosa Correctional Institution. We have about fifteen men participating in the meetings each month, along with three Legal Studies undergraduate students, and my professor, Dr. Jennifer Brinkley. She started the Reading Writing Group in January 2020. Each year, she meets with the men for a semester, reading non-fiction book selections and discussing creative writing. This year, thanks to a grant from the Escambia Santa Rosa Bar Association, three undergraduate students from the Legal Studies program are able to serve as assistants, participating in the exercises and discussions.

I am grateful to be part of these gatherings, meeting with two groups of men who are part of separate populations within the facility. Once the security protocols for visitors are behind us, it feels a lot like any other book club. Some folks are chatty (like me), some take a little while to warm up. The components of our membership, though, are what make it superior.

As adults, we tend to stay in our comfort zones. But in our group, even as we all consume the same 200-pages, the lenses through which we experience the work are so varied. The memories we associate with certain settings or phrases can frame a story in a way that is entirely different from the person sitting next to you. The more perspectives you add, the better the conversation.

When our monthly meetings are over, the topics find their way back to the dorms and chow halls. Not only are the incarcerated men free to keep their copies of the books, in turn leading to other men reading them, but sometimes a conversation is so good you just want to keep it going. Finding ways to engage your mind productively is a constant struggle behind prison walls. Access to information that allows you to broaden your perspective is a surefire means by which to increase empathy, and that may be the single most heartening and impressive feat I’ve witnessed since joining the Reading Writing Group.

Dr. Brinkley provides both a workbook and reading materials to all the participants. The workbook contains a lot of poetry and includes prompts to encourage members to try their own hand at writing poems. In an environment where dominance is constantly asserted, often for self-protection, vulnerability is a muscle that atrophies, if it had ever been allowed to develop in the first place. It’s difficult to describe what it’s like to sit and listen to a grown man read a poem that touches on things like poverty and abuse, and to see that man realize that we are all listening intently, that we are all moved by what he’s shared. At a September meeting, a participant shared a poem. He is sixty-three years old and has been incarcerated for forty-three of those years. This was the first poem he had ever written. What a transformative moment for him, and for us, as he read it to the group.

Supporting literacy efforts in prison helps incarcerated individuals prepare for their ultimate reentry into society. Reading creates empathy but also provides a different perspective for individuals to learn how to navigate conflict and complex situations. It allows these incarcerated men to open their minds to new ways of thinking. It does the same for us, the ones going into the prison for only a short period of time each month.

Gretchen Teasdale is a Legal Studies/Pre-Law student at the University of West Florida. She plans to go to law school after graduation.

Young Lawyer’s Division

With a new year rapidly approaching, I want to take some time to reflect and celebrate all that YLD has accomplished in 2024. Our members have taken the time to really invest in our organization this year and I could not be more proud. The theme for our year is inclusion and I am so very impressed with all the efforts being made by the Board to encourage young lawyers in Escambia and Santa Rosa counties to get more involved. There is always a seat at our table.

Meet the Board Happy Hour

Our fall kicked off with a “Meet the Board” Happy Hour sponsored by Carver Darden. Our very own Will Hahn spearheaded this event and it was a wonderful success. Our newly installed board members had the opportunity to connect with all of ESRBA YLD and discuss goals for the upcoming year. Events like these are where our members truly get the opportunity to get to know one another outside of the office and I am so very grateful to sponsors like Carver Darden that invest in our members.

Sunset Cruise

One of the most memorable highlights of the past few months was our sunset cruise aboard the Gratitude, where YLD members had the chance to unwind, connect, and soak in breathtaking views together. This event was sponsored by Levin Papantonio and was made possible by our Board Member, Sara Papantonio. The evening reminded us all of the importance of balance—taking time to enjoy life and celebrate the relationships that help us grow both personally and professionally.

Pensacola Bay Brewery with Emmanuel Sheppard and Condon

Our most recent event, sponsored by Emmanuel Sheppard and Condon, was at Pensacola Bay Brewery where we were excited to see many new faces. It is always such a treat to connect with new members of our legal community. Our Vice President, Ander Shimek, did a wonderful job coordinating this event.

What makes our YLD so great is the involvement from all of you. Each and every lawyer and firm that supports YLD is so very important to our success. We are incredibly fortunate to be in a legal community that recognizes the importance of investing in young lawyers and I want to thank each and every one of you for your continued support this year. We couldn’t do it without you.

I wish you and your loved ones a safe and happy holiday season.

Sincerely,

President,

Rosa Bar Association Young Lawyers Division

Bottom Line

A Journey to Implement AI

If your inbox is similar to mine, it is inundated with emails that raise the hot topic of AI. I surmise that most of us fall into one of three categories of users: 1) those that use AI daily; 2) those that test the waters here and there; or 3) those that do not know where to begin. Initially, I was very hesitant to use AI at all. I had concerns such as data security, privacy of the information submitted, and a general lack of understanding about how to implement AI into my workflow.

Following the incorporation of AI into many legal apps, I have found learning how to overcome these concerns is easier than anticipated. I began my journey by attending webinars and roundtables for apps I already use on a regular basis. One app in particular is included in our firm’s eDiscovery software, Everlaw.

During a couple of learning opportunities, it became apparent that my concerns were shared by many colleagues. Vendors in the legal industry understand we need tight control over our client’s data in order to implement their new tools. In fact, I learned that Everlaw had executed agreements with their third-party vendors to safeguard client data.

Within Everlaw, I have the option to use its Writing Assistant tool to analyze a lengthy deposition. When I click the option to prepare the transcript for analysis, the transcript is outsourced to OpenAI for analysis. However, once the transcript is returned with the generated analysis, the third-party system where the data is sent for analysis is not able to retain a copy of the transcript.

In addition, the system used to analyze the document is not allowed to train its large language model (LLM) on any portion of the contents within the document analyzed. In other words, LLMs are unable to incorporate text from our client’s data into its training models for future analysis. These controls help keep our client’s confidential information secure.

In contrast, OpenAI options such as ChatGPT typically retain copies of any documents provided for analysis and will also use the data within any document submitted to train its LLMs. Using this option would violate our firm’s protocol for the use of Generative AI. Despite the “flaws” that I believe exist for use on sensitive client work, I believe open GenAI has a purpose. Depending on the situation and recipient, I sometimes struggle with phrasing a note in a greeting card. Open GenAI has provided sample ideas and can trigger a creative thought – a win for brain fog!-

Separately, in Westlaw Precision, all data used for analysis is contained within the four walls of its platform. Thomson Reuters built its AI tools from the ground up and does not outsource third-party apps for integration into their platform. This method allows for privacy, security and control of information used to generate responses. Any question or document submitted for analysis stays within the four walls of their own library.

These safety parameters have allowed me to gain confidence to explore what GenAI can do to help improve efficiency and the accuracy of work product.

I’ll close with a quote from Rachel Gonzalez, Director of Customer Marketing at Everlaw relayed during Everlaw Summit 24: “The time to act on innovation is now. Change is not immediate.” Though it may seem more comfortable to continue doing things the way we know yields the necessary results, I would encourage everyone to explore new technology, not only for personal growth, but also to improve the client experience with efficiency, accuracy, and workflow.

With that being said, THAT’S THE BOTTOM LINE.

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