On the Move Membership Renewal Member Discounts Voting Safely with Options
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CHARGING FORWARD:
Lindsay Leads During COVID FALL 2020 | VOLUME 9, ISSUE 3 | 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 Executive Director Jeff Nall jeff@esrba.com
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Member Services Coordinator Noah Jones noah@esrba.com Lawyer Referral Service Marilyn Kelley lrs@esrba.com
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Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor. Due date for all advertisements, articles and announcements is the first of the month for the issue you wish to advertise in. Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing. The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely. Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.
20 From the President
Page 5
Announcements
Page 6
On the Move
Page 7
2020–2021 Membership Renewal
Page 8
What Is Law Practice Management?
Page 8
Member Discounts
Page 9
The Bottom Line: Florida Remote Online Notary
Page 10
News from the Clerk of the Circuit Court and Comptroller
Page 11
Charging Forward: Lindsay Leads During COVID
Page 12
Voting Safely with Options
Page 14
Report from the Board of Governors
Page 15
Members Mourn the Death of Bob Mayes
Page 16
The First Judicial Circuit Implements Virtual Court
Page 18
The Only Thing Constant Is Change
Page 20
Gerald McGill Caroline Peterson Noah Jones Sheryl Lowenthal
Charlie Penrod Codey Leigh Gina Milam Allison Newton
Shekka Drayton Christine Kelly Fausel Garrett Hallbauer Dakota Parks
Owners Malcolm & Glenys Ballinger Publisher Malcolm Ballinger Executive Editor Kelly Oden Editor Gina Castro Art Director Guy Stevens Graphic Designer & Ad Coordinator Garrett Hallbauer Assistant Editor Dakota Parks Sales & Marketing Geneva Strange, ext. 21 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. Š 2020 Ballinger Publishing. All Rights Reserved.
Fall 2020 | 5
From the President Reflecting on the times in which we find ourselves, I continue to dwell on how we as lawyers establish justice and how these times demand that we do so with more compassion towards ourselves, one another and every person we encounter. The stability of our society depends on how our leaders ensure that valid criticisms of our institutions, including the justice system, are resolved. We as lawyers are a stabilizing force in society. Our minds are disciplined to solve problems regardless of emotions. Experiences have taught us to listen with compassion because of the suffering we have observed through our work in the justice system. by Heather Lindsay
As officers of the court, we are tasked with establishing justice as we pursue the legitimate interests of our clients; in doing so, we are also pursuing the general good of society. This becomes a critical service to society in times when people observe that access to equal justice depends on a person’s race and economic status. Studies have proven that humans calculate race as a factor in decision-making despite best intentions. Hundreds of years of social engineering cannot be eliminated in a few generations, but we can continue to work at realizing ideals through open and compassionate conversation about how to improve the justice system to promote equality. Through honest discourse, which our trained and self-disciplined minds allow us to do better than many, we can inspire hope that we as a nation can achieve the ideals of our founding documents. These times call upon us to be resilient. People are under stress because of job loss, illness, death of a loved one, lack of trust in elected officials, lack of confidence in scientists and lack of hope that there is equal justice under the law. Substance abuse, depression and anxiety are likely to increase across every demographic group, including lawyers, in the coming year as our society learns how to respond and adjust to COVID-19 and its health and economic impacts. As colleagues, we can provide one another mutual support to respond to the challenges these times will present to our clients, our firms, our loved ones, our communities and ourselves. As president in the coming year, my goal is to strengthen our association to sustain the resilience required during the challenges ahead.
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 ExecutiveCouncil 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
Nominate a Florida Lawyer for Outstanding Pro Bono Service Now
Nominations for the annual pro bono service awards, which honor lawyers, judges, law firms and associations that have contributed extraordinary pro bono service is open. The nomination deadline for all categories is Thursday, October 22, 2020, no later than 5:00 p.m. Pro bono publico means “for the public good,” and pro bono legal service is just one way that attorneys do their part to help make their communities better. Each year Florida Bar members report donating millions of hours and dollars to help Floridians who cannot afford a lawyer with civil legal matters. Every year, in a ceremonial session of the Florida Supreme Court, more than two dozen lawyers and judges are honored by the court and The Florida Bar for the free legal assistance they have provided. For each of these members of The Florida Bar, as well as a law firm and a voluntary bar association, this honor underscores a professional commitment to service and acknowledges the many hours of pro bono work performed to help children, victims of human trafficking, the elderly, refugees, the poor and countless others who wouldn’t be able to afford the legal assistance they so badly need. The 2021 pro bono service awards ceremony will be held at the Florida Supreme Court at 3:30 p.m., Thursday, Jan. 28, 2021. The road to this annual ceremony begins now, with the call for nominations. The Florida Bar and the Chief Justice of the Supreme Court invite nominations from legal aid groups, civic organizations, fellow lawyers and regular citizens who know of a special lawyer, judge, law firm or voluntary bar that has freely given of time and expertise in making legal services available to the poor.
Nominations must be received by Thursday, Oct. 22. The online nomination forms are available on The Florida Bar’s website at floridabar.org/public/probono/ serviceawards/.
Florida Judicial Qualifications Commission Vacancy
Florida Judicial Qualifications Commission: There is a vacancy for one attorney to serve a six-year term beginning on Jan. 1, 2021, and expiring Dec. 31, 2026. The 15-member JQC is authorized under Article V, Section 12, Florida Constitution, to investigate complaints against judges whose conduct demonstrates a present unfitness to hold office and recommends disciplinary action to the Supreme Court. No member of the commission, except a judge, shall be eligible for state judicial office while acting as a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office or hold public office; provided that a judge may campaign for judicial office and hold that office. Persons interested in applying for this vacancy may download the application for special appointment or call bar headquarters at (850) 561-5757, to obtain the application form. Completed applications must be received by the Executive Director, The Florida Bar, 651 East Jefferson St, Tallahassee, Florida, 32399-2300 or submitted via e-mail to specialapptapp@ floridabar.org no later than the close of business on Friday, Oct. 9, 2020. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews.
The Escambia-Santa Rosa Bar Foundation
Board of Directors Officers President Adrianna Spain Vice President Shekka Drayton Secretary & Treasurer John “Buz” Windham Directors Stephen Echsner Kristin Hual Heather Lindsay (ESRBA President) Sheldon Bernau Jodi Dubose Jeremy C. Branning Steve Traylor Patrick Martin Warren Todd Cameron Gore Escambia-Santa Rosa Bar Association Young Lawyers Division
Board of Directors Officers President Travis Morock Vice President Andrew Spencer Secretary & Treasurer Michelle Nguyen Past President Kelsey Stone Directors Caitlyn Miller Cecily Parker Logan Sliva
We’re Social! Connect with us on social media ESRBA FACEBOOK
YLD FACEBOOOK
FACEBOOK.COM/ESRBAFL FACEBOOK.COM/ESRBAYLD TWITTER.COM/ESRBAFL LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION
Fall 2020 | 7
On the Move Emmanuel Sheppard & Condon
Attorney Adam J. T.W. White was recently installed as president of the Young Lawyers Division of The Florida Bar. The ceremony was held virtually in Pensacola due to COVID-19 concerns and was originally scheduled to take place in Orlando at the Florida Bar Annual Convention. White has served on the YLD Board of Governors for five years. In his acceptance speech, he attributed his involvement with the YLD to former Florida Bar president and current ESC attorney, Alan Bookman. He became a shareholder of ESC in 2019. As an active member of the community, he serves on the board for the Ronald McDonald House Charities of Northwest Florida and is a past president of the Escambia-Santa Rosa Bar Association, Young Lawyers Division. White earned his juris doctorate in 2010 from Florida Coastal School of Law in Jacksonville, Florida, graduating summa cum laude. Before law school, he attended the University of Missouri in Columbia.
Super Lawyers recently recognized five attorneys from the law firm of Whibbs Stone Barnett in Pensacola
Donovan Whibbs (sixth year selected as a Super Lawyer), Scott Stone (seventh year selected as a Super Lawyer), Ryan Barnett (first year selected as a Super Lawyer), Richard Turner (fifth year selected as a Rising Star) and Gregory Whibbs, Jr. (first year selected as a Rising Star) were each recognized by Super Lawyers Magazine, which is published in all 50 states and in England and distributed to attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazine and in leading city and regional magazines and newspapers across the country.
Top 100 Personal Injury Verdicts
Adam J. T.W. White
Donovan Whibbs
The Rotary Club of Pensacola recently announced the Change of Command installing new president Sally Fox. The new officers also include immediate past-president John Trawick and secretary Lisa York.
Scott Stone
Ryan Barnett
On the Move submissions may be sent to esrba@esrba.com
Moves Law Offices of John W. Merting, P.A. is now located at 258
Sabine Dr., Pensacola Beach, FL 325615223. They can be reached at 850-9169645 and jmerting@bellsouth.net.
Richard Turner
Gregory Whibbs, Jr.
Carver, Darden, Koretsky, Tessier, Blossman & Areaux, LLC is now located at 151 West Main
Street, Suite 200, Pensacola, Florida 32502.
Schultz Law Group, P.L.L.C. is
now located at 2779 Gulf Breeze Parkway, Gulf Breeze, Florida 32563. They can be reached at 850-754-1600.
New Members Haley VanFleteren
Phillip Warren
Amy Glass Piedmont
Litvak Beasley Wilson & Ball, LLP amy@lawpensacola.com
Charles A. Postler
Stichter Riedel Blain & Postler P.A. cpostler@srbp.com
The law firm of Moore, Hill & Westmoreland, P.A. has chosen
Haley J. VanFleteren to be a member of the 2020 class of Pathfinders, participating in a program designed by the Leadership Council on Legal Diversity (LCLD) to train high-performing, early-career attorneys in critical career development strategies including leadership and the building of professional networks.
Taylor, Warren, Weidner & Hancock is proud of the verdict partners Phillip Warren and Brian Hancock obtained for the victim of a car crash that was recognized as one of Florida’s Top 100 Personal Injury Verdicts for 2019.
David L. Stevens Brian Hancock
Sally Fox
Stevens Law Firm, PLLC david@stevenslawfirmpllc.com
Erica Caitlin Dlubala Kenny Leigh & Associates edlubala@kleighlaw.com
Matthew Smith
Galloway, Johnson, Tompkins, Burr & Smith, PLC masmith@gallowaylawfirm.com Lisa York
John Trawick
8 | The Summation
2020–2021 Membership Renewal The ESRBA membership renewal period ends on October 15, 2020. To renew online, go to esrba.com/ renew. Your username is the email address that we have on file for you; your password is your first initial and last name (i.e. John Doe would be jdoe). Alternatively, you can fill out the printable renewal form (found at bit.ly/3hYDN2h) and mail a check the Bar Office. Your membership includes a free listing and photo in our annual directory and a complimentary copy of Summation Quarterly; members-only rates on monthly meeting, CLE seminars/webinars, rental of recorded CLE resources, e-blasts, mailing labels and advertising in The Summation Quarterly; and Member-exclusive opportunities to participate in our Lawyer Referral Service, have your specialty listed in our annual member directory and be featured with a Premium Profile on our website. Additionally, you can take advantage of special pricing and discounts from national brands such as American Express, Hotelogical, Office Depot, Priceline and Verizon through our new partnership with National Purchasing Partners. We anticipate adding local businesses to the program as well. At no cost to you, these agreements generate income for ESRBA so that we can keep our membership dues as low as possible. If you have any questions, please contact the Bar Office at noah@esrba.com or (850) 434-8135, ext. 1.
What Is Law Practice Management Consulting? by Jared D. Correia, Esq., Founder/CEO Red Cave Law Firm Consulting Law practice management consulting is, essentially, business management consulting for law firms. That may sound basic, but law practice management consulting is a highly specific genre, that contemplates the special components related to law firm management that do not attach to running other small business, including the ethics rules that lawyers must adhere to. Why Does Your Law Firm Need Business Management Consulting? There are at least a couple of major reasons that it’s helpful for lawyers to access business management consulting. The first relates to their educational background. Only recently have law schools
begun to focus on teaching law students about business management— and, even now that practice is only just beginning to gain acceptance. That means that the vast majority of lawyers who have started law firms did so with no formal business training whatsoever. The second reason why business management consulting is helpful to lawyers is because, even after those same attorneys are kneedeep in running their own law firms, they have precious little time to gain practical business management skills. Oftentimes, even managing partners are head-down on substantive work, and manage their businesses by the seat of their pants. It helps to have someone with experience and knowledge in law firm business
management to talk with, in order spot and resolve issues, and to keep you on track. What Can You Do About It? There are business management consultants who specialize in law firm management, some of whom are lawyers themselves. Accessing a law firm business management consultant can help you to address the major business issues facing your law firm. If you’re wondering whether you’re using the most efficient technologies, a law practice management consultant can help. If you’re not sure whether you’re getting the most out of your marketing efforts, a law practice management consultant can help. If you want to know for
sure whether your financials are in order, a law practice management consultant can help. If you want to grow your practice, create a lifestyle firm or wind down—a law practice management consultant can help. A number of bar associations offer discounted law practice management consulting services, and that number now includes Escambia-Santa Rosa. The Escambia-Santa Rosa Bar Association now offers DISCOUNTED law practice management consulting services through Red Cave Law Firm Consulting. Visit redcavelegal.com/esrba/ and start running your law firm like a business.
Fall 2020 | 9
Member Discounts 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. Offering free: • WebX and Zoom meetings, facilitation/logistics, conference rooms. • Zoom training - individuals or groups; allows for discussion and questions; Zoom basics or specific topics such as exhibit handling. • phippsreporting.com/remote-litigation-academy/. Learning paths designed to help establish best practices in remote litigation. 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! 1. Visit mynpp.com/association/esrba/. 2. Click “Start Saving” and enroll your firm. You must enroll the firm as a business to access these discounts. 3. Once your firm registration form is submitted, you will receive an account verification email within a few business days to complete. 4. After you’ve verified the firm account and setup login credentials, you can activate the offers below and more. (No need to worry about multiple firm submissions. Any duplicates will be merged.) Want to enroll in the employee discount program? Talk to your employer to see make sure the firm is enrolled with NPP via mynpp.com/association/esrba/. If your firm is not enrolled, enroll it following the steps above. Once your firm is enrolled with NPP, employees can enroll and save too! Questions: please contact Jennifer Bourgault, our NPP Regional Account Manager: Email: Jennifer.Bourgault@mynpp.com Phone: (206) 494-4620 NPP Main Line: (800) 810-3909
American Express
Business cards for companies of all sizes. Get built in tools, perks and rewards for businesses like yours – backed by the award-winning customer service and support of American Express. Choose the right solutions for your business. Sign up and save at mynpp.com/association/esrba/.
Hotelogical
Receive up to 70% OFF hotels and resorts worldwide with a FREE access to Hotelogical’s unpublished, member-only rates. Start saving with special member deals at mynpp.com/association/esrba/.
Office Depot
With more than 16,000 in-stock office supply products, Office Depot products and services meet the needs of NPP members nationwide. Sign up and save at mynpp.com/association/esrba/.
Priceline
NPP members save up to 25% on select hotels when packaged with a rental car, flight or additional hotel booking. Sign up to access deeply discounted hotel deals worldwide at mynpp.com/association/esrba/.
Verizon Wireless
Eligible businesses can receive 22% OFF monthly access fees* and up to 35% OFF select smartphones, tablets and accessories. Enroll your business and start saving with the nation’s largest, most reliable 4G LTE network at mynpp. com/association/esrba/. *All Verizon Wireless offers are for a limited time only and are subject to equipment availability. Verizon Wireless reserves the right to change or modify all offers at any time without notice. All terms and conditions are subject to and governed by Verizon Wireless’ Agreement with Customer, including, but not limited to, Customer eligibility requirements. Every effort is made to ensure the accuracy of the Verizon Wireless offers, however, Verizon Wireless is not responsible for any errors or omissions. Restrictions may apply. Visit mynpp.com for details. Business participation in the ESRBA Member Benefits & Discount Program does not constitute endorsement, recommendation, or favoring by ESRBA.
10 | The Summation
The Bottom Line
Florida eNotary AKA Remote Online Notary (RON) by Sylvia Jarrett, CP
H
ouse Bill 409, “Electronic Legal Documents,” was signed into law on June 7, 2019 and became effective January 1, 2020. This bill allows the use of remote online notarization in Florida. Florida is now one of more than 20 states that allow a Remote Online Notary (RON) process by using audio and video communications to notarize documents. The passage of this law makes it easier in Florida to buy or sell real estate, sign and notarize documents and sign wills to protect family members. The law requires an online notary public to keep electronic journals of online notarizations along with audio-video recordings. Online applications such as Skype, FaceTime, Google Hangouts or other applications may meet the personal appearance requirements for notarizations. See Fla. Stat. § 117.255. Further, Fla. Stat. § 117.285 sets out the specific details regarding the RON regarding the witnessing of electronic records. How do you or your staff member become a RON? A good starting point is to review Florida Department of State’s online site regarding “Remote Online Notary Public” found at dos.myflorida.com/sunbiz/otherservices/notaries/remote-online-notarypublic/. The qualifications and procedures to become a remote online notary (RON) are outlined in Fla. Stat. § 117. First, you must either be a Florida notary public or become approved as a Florida notary public. Also, a civil-law notary appointed under Chapter 118 or a commissioner of
deeds appointed under Part IV, Chapter 721, can also become a RON. Next you must pay the $20.00 class fee and complete and pass a two-hour online training. Currently, you can find online class sites as follows: a. Florida Land Title Association: fltaschool.teachable.com/p/floridaremote-online-notary-course-2hour?preview_logged_out# b. National Notary Association: nationalnotary.org/florida-requiredonline-notary-education c. Notaries.com/Huckelberry Notary Bonding Remote OnLine Notary Course: notaries.com/florida/becomeflorida-remote-online-notary/ Once you pass RON training, you must complete an “Application Registration for Online Notary Public” (see dos. myflorida.com/media/70263/onlinenotary-application.pdf ) and provide your Certification of Completion of the training class along with a $10.00 check payable to Florida Department of State, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314. Prior to completing the application, you must also complete the following steps: 1. Contract with a third-party vendor to provide you with technological support to perform online notarizations (See Chapter 117, Florida Statutes); 2. Provide evidence of purchase of a bond in the amount of $25,000.00 for “breach of duty” by the registrant; and 3. Provide evidence of an “errors and
omissions” insurance policy in the minimum amount of $25,000.00 from an insurer authorized to transact business in Florida. Finally, whether a document is notarized in person or by a Remote Online Notary, the following mandatory revisions must now be included in the notary block on documents in which notarizations are performed. Instruments The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization this _____ of _____________, ______ (year), by __________ Affidavits (Oath or Affirmation) Sworn to (or affirmed) and subscribed before me by means of □ physical presence or □ online notarization this _____ of _____________, ______ (year), by __________ Hopefully this educates you on the Florida eNotary law or how to apply to become a Remote Online Notary (RON), and “that’s the bottom line!”
Fall 2020 | 11
News from the Clerk of the Circuit Court and Comptroller Pam Childers
The Clerk’s Duty to Store and Dispose of Evidence
T
he Clerk has the statutory responsibility of safely securing and maintaining all items of evidence admitted in state court in Escambia County. In 2019 alone, there were 6,994 items admitted into evidence. This evidence, coupled with the many items of evidence from years past, remains stored away in the Clerk’s evidence vaults. The sizes, shapes and types of evidence admitted into evidence vary greatly, including anything from golf clubs to firearms and even dangerous drugs such as fentanyl. There are a number of measures in place to ensure safety of staff and safe keeping of physical evidence. Security measures include limiting access to evidence to certain deputy clerks. The Clerk’s security measures also include a process whereby a minimum of two deputy clerks are required in order to gain access to the vault. To enter the vault a combination and key are required. Entry into the area around the vault requires a key card and the area is also video monitored. Humidity and temperature monitors are present to ensure that evidence does not degrade due to Florida’s climate. Furthermore, with the popularity of dangerous drugs like fentanyl on the rise, the Clerk has taken extra precautions to ensure that staff has access to personal protective equipment like masks and gloves. All evidence must be safely maintained until the evidence has met its retention
period as set forth in court rule or statute. The general retention period for criminal evidence is three years in cases where there is no pending appeal or collateral attack. However, in cases where the defendant has been sentenced to life in prison or the death penalty has been imposed, the evidence is maintained for the life of the defendant. Similarly, certain DNA evidence is retained until the term of the defendant’s sentence is complete. Civil evidence, on the other hand, has a much shorter retention period of 90 days after a judgment has become final.
pursuant to law. Paper items are usually shredded. Other general items having no monetary value are taken by the Clerk’s Records Management Liaison Offer (“RMLO”) to the landfill where the RMLO ensures the items of evidence are deposited into the landfill and covered by landfill staff. Items having monetary value are sold at auction. It is not common for items to be sold at auction as items of value that aren’t returned to law enforcement are minimal. If evidence is sold at auction it will be listed on the web at myescambia. com/our-services/property-sales.
Like retention periods, when it comes to destruction or disposition of evidence, civil and criminal fall under different guidelines. In civil cases, when evidence has met its retention period, the Clerk provides notice to the parties of the Clerk’s intent to dispose of evidence. The notice provides 30 days for parties to call for return of the evidence. If a party requests return of the evidence, the Clerk’s office will arrange for return. If a party does not request return of the evidence, it will be shredded or disposed of accordingly.
Proper evidence storage and retention takes considerable time and resources to ensure that our justice system continues to function properly through all the trials, appeals and post-judgment proceedings. Evidence storage and retention is a tough task. Staff assigned to the job of correctly inputting, safely storing, accurately inventorying and properly disposing of evidence do a commendable job.
On the other hand, criminal evidence is generally not returned to a party. The general rule for criminal evidence provides that items of no value are destroyed and those items with value are sold at auction. Firearms and other weapons as well as controlled substances are returned to law enforcement
Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller.
12 | The Summation
Charging Forward: Lindsay Leads During COVID by Shekka Drayton Law Office of Patrick Martin, GEICO Staff Counsel
P
ROGRESS CAN BE DEFINED IN MANY WAYS. For Heather Lindsay, Mayor of the City of Milton and newly-minted President of the Escambia-Santa Rosa Bar Association, moving the bar forward requires greater community involvement and increased awareness of social justice issues. This is Lindsay’s vision for ESRBA. Lindsay embarks on this undertaking amid an unprecedented year. Past presidents will all agree that leading the bar is a labor of love. However, Lindsay faces challenges unique to those of her predecessors. Lindsay, no stranger to leadership or hard work, is ready to take the reins. Having been an active member of ESRBA since 2008 and having served on the Executive Council since 2013, Lindsay steps into the role with years of experience. The daughter of ESRBA Past President Allen W. Lindsay, Mayor Lindsay emulates the work ethic and community values of her father. Lindsay draws inspiration from her father who has worked tirelessly to achieve justice in his practice area since 1967. Lindsay envisions an association where legal professionals rise to meet the needs of their communities—a community anchored in principles of kindness and compassion. These are also values Lindsay instills in her children, Isabelle and Fox. Lindsay’s goals as president extend to include building ESRBA’s presence as a CLE provider, prioritizing wellness and mental health and improving the
Fall 2020 | 13
Heather Lindsay with The Secret Place Director Kristin Lipscomb and ESRBA Treasurer Christine Fausel
justice system through increased civility, professionalism and communication. Along with the help of ESRBA Executive Director Jeff Nall and Membership Coordinator Noah Jones, Lindsay seeks to increase educational and collegial activities available to members. In lock step with The Florida Bar, Lindsay seeks to address the higher than average rates of depression, anxiety, suicide and substance abuse among legal professionals. Furthermore, Lindsay believes that the specialized skills inherent to the legal community combined with an earnest commitment to a stable society can heal a multitude of societal ills and restore faith in the justice system. Lindsay is well underway to implementing her goals with the creation of an ad hoc Equal Justice Committee and the recruitment of members passionate about this initiative. Both actions fit well underneath the umbrella of her overarching theme of service and compassion. With the Equal Justice Committee, Lindsay hopes to create meaningful dialogue centered on important topics like diversity in the profession and access to justice. Building on the initiatives of past presidents, Lindsay wishes to bring in new leaders to staff committees and encourages greater member engagement. Even in the virtual climate of COVID, Lindsay is hopeful that technology will facilitate meaningful connections as ESRBA awaits the return of in-person gatherings. Mayor Lindsay’s commitment to service and diversity is evident within the local bar and beyond. She is an
active member of St. Mary’s Episcopal Church. She supports a mission in Guatemala. She has also remained active in the American Bar Association since 2003 as part of the Employment Rights & Responsibilities Committee. In keeping with her commitment of self-care and wellness, Mayor Lindsay enjoys reading her favorite book, The Hobbit, and delving into Roman history, culture and religion in her spare time. Ultimately, the underlying principles that have formed Lindsay into the leader she is today are reflected in one of her most revered quotes. “Justice looks for no prize and no price; it is sought for itself, and it is at once the cause and meaning of all virtues” (Marcus Tullius Cicero, On the Republic/ On the Laws). As Lindsay rises to the challenge of leading during COVID, it is with this goal and pure intention that she fearlessly charges forward.
Heather with her father on election night
14 | The Summation
Voting Safely with Options
Photo by Tiffany Tertipes on Unsplash
Voting during a pandemic creates health and safety concerns, especially for high-risk groups. However, there are ways to ensure you are able to exercise your constitutional right to vote. Vote by Mail provides options. Though you may prefer to vote in-person, think of it as an insurance policy if you feel differently about voting in person closer to the upcoming elections. Though the ballot is mailed to you, mailing it back is just one of three return options. Vote-by-mail ballots can be 1) returned to by mail, 2) dropped off at the Supervisor of Elections office or 3) dropped off at an early voting location. Don’t forget to sign and date the back of the envelope. What Are the Advantages of Requesting a Vote by Mail Ballot? • Safety – Eliminates or reduces your possible
exposure to COVID-19 when voting • Options – You decide how to cast your ballot • Time – Time to learn about the candidates and make a more informed choice • Trackable – You can follow up to make sure your ballot was received Who Can Vote by Mail? All qualified voters are permitted to use a vote-bymail ballot under Florida law. What Are the Deadlines to Request and Return a Ballot? 5 p.m. on the 10th day before Election Day is the deadline for a request for a ballot to be mailed. (October 23 for the November 3 General Election.) All ballots must be received in the Supervisor of Elections’ office no later than 7 p.m. on Election Day. How Do I Request a Ballot?
A voter, or someone designated by the voter, may request a vote-by-mail ballot from the Supervisor of Elections in person, by mail, by email, by telephone or using an online form. The person requesting a vote-by-mail ballot must disclose the name, address and date of birth of the voter for whom the ballot is requested and the requester’s relationship to the voter. The requester’s signature is required for written request only. How Can I Check the Status of my Ballot? Mail ballot voters can track the status of their ballot, including when the ballot was mailed and when it was received in the elections office. What if I Forgot to Sign My Ballot or my Signature Doesn’t Match? This can be resolved. If you returned your vote-by-mail ballot and your supervisor of elections informs you that you forgot to sign your ballot or that the signature did not match your signature on file, your Supervisor of Elections will contact you with steps to ensure your ballot is counted. Can I Pick Up a Vote-ByMail Ballot in Person? A voter may pick up a voteby-mail ballot in person at the Supervisor of Elections’ Office. A designee may also pick up a vote-by-mail ballot for a voter beginning 5 days before Election Day. A designee may only pick up two ballots per election, other than his
or her own ballot or ballots for members of his or her immediate family. Designees must have written authorization from the voter, present a picture I.D. and sign an affidavit. What if I Now Want to Vote in Person Instead? If you have a vote-by-mail ballot but wish to vote at an early voting location or in your precinct on Election Day, take the ballot with you to the polls to surrender it, whether or not it has been completed. However, if you are unable to return the ballot you received, you will still be able to vote. Are There Restrictions on Delivering or Collecting Ballots? Yes. Pursuant to section 104.0616, “Any person who provides or offers to provide, and any person who accepts, a pecuniary or other benefit in exchange for distributing, ordering, requesting, collecting, delivering, or otherwise physically possessing more than two vote-by-mail ballots per election in addition to his or her own ballot or a ballot belonging to an immediate family member, except as provided in ss. 101.6105-101.695, commits a misdemeanor of the first degree.” For more information, please contact your Supervisor of Elections’ Office: Escambia County: (850) 5953900 or www.escambiavotes.gov Santa Rosa County: (850) 983-1900 or votesantarosa.com.
Fall 2020 | 15
Report from the Board of Governors from Jeremy Branning
T
he Florida Bar Board of Governors met via Zoom video conference on July 17, 2020. The major actions of the board and reports received included:
videoconferencing software providers to consider adding features designed for the legal community. This Florida Bar News article provides additional information on the work of the committee.
Chief Justice Charles Canady addressed the board and repeated his pledge to avoid unnecessary risk in expanding court operations during the pandemic, but emphasized that essential matters are still being heard with thousands of virtual hearings already held in courts throughout the state. The Supreme Court’s special COVID-19 work group continues to provide recommendations on how best to safely resume normal operations.
After a thorough discussion, the Board of Governors also declined to make the recommended changes to the current standing board policy regarding the appointment of non-voting liaisons to the Board of Governors, as provided by the Special Committee on Non-Voting Board Appointments, which recently completed its report and recommendations.
President Dori Foster-Morales will host virtual town hall meetings in all 20 circuits during August and September to discuss how Florida attorneys are coping during the pandemic and specific challenges they are encountering in their practices. The schedule and registration links are posted at floridabar.org/virtualtownhalls. The Board Technology Committee is focused on helping bar members adjust to practice and court changes caused by the pandemic, especially in using digital platforms for remote court hearings. The committee is fast-tracking guidelines or a proposed procedural rule that would foster more uniformity in remote hearings and is asking
A subcommittee of the Board’s Program Evaluation Committee will conduct further study on best practices for improving diversity on the Florida Bar’s Board of Governors, including evaluation of any changes to the current standing board policy regarding non-voting liaisons appointed to attend board meetings. In other business, the board: Heard that The Florida Bar’s first Virtual Annual Convention concluded with more than 8,700 program and event registrations, compared to about 1,000 for last year’s in-person event, and approximately 3,000 unique participants. The General Assembly, normally attended by 250-300 participants, generated 1,650 unique views. Recorded seminars and
events are posted for continued viewing including nine free CLE programs. Voted unanimously to sunset The Florida Bar’s 2018-2020 legislative positions, including section and division positions, and to reactivate, as modified, the 20202022 positions. Legislative positions, information about Bar advocacy and other links for those interested in the legislative process are available at floridabar.org/legislativeactivity. Approved the proposed amendment to Rule 6-3.3 Jurisdiction of Certification Committee to close a certification area if there have not been any applicants in five consecutive years, but as a new Rule 6-3.14. Approved proposed amendments to the Florida Rules of Appellate Procedure, Rules of Civil Procedure, Rules of Juvenile Procedure and the Rules of Criminal Procedure. The amendments will be filed with the Florida Supreme Court for consideration. Heard the Communications Committee report that the Bar’s COVID-19 pandemic page, at floridabar.org/covid19, which provides Supreme Court and Bar announcements and many member resources including free CLE, has recorded more than 68,000 views and continues to be updated with new information.
16 | The Summation
Members of the ESRBA Mourn the Death of Bob Mayes
by Stephen H. Echsner
in 1969 received a J.D. Degree from Indiana University Robert H. McKinney School of Law. From 1969 until 1973 he served in the U.S. Air Force as a JAG Officer and attained the rank of Captain. He was stationed at Keesler AFB in Biloxi and his service required him to travel to Tyndall AFB in Panama City to try cases and it was during those back and forth trips that he discovered Pensacola. He applied for a job at the Levin firm and began working there on January 1, 1974.
“Bob Mayes was my friend, a great person and a superb lawyer.” Stephen H. Echsner I learned many years ago that the word “Hoosier” in the South is sometimes pejorative but Bob and I were real Hoosiers. We grew up ten blocks from each other in the small town of Columbus, Indiana. Bob came from a family of six children. There were four boys and two girls. The family lived in a very modest home. His mother, Violet, was a stay at home mom and his father, Melvin, worked at Cummins Engine Company. Bob began working at age fourteen in 1959 when I was only four years old. One of first jobs was working as a helper for my father. He needed help around his office and my family’s home because my mother was busy with kids, having had four in six years, and my siblings and I were too young then to cut the grass, rake, trim bushes, clean gutters, wash windows, sweep the garage and other miscellaneous chores. For four years, Bob’s work then set the standard against which the work of all other high school workers who succeeded him was measured. Nobody who worked the same job after Bob had a chance of success because Bob worked all of his tasks thoroughly and to perfection just as he did later in his life as a lawyer. Upon high school graduation, Bob obtained a B.S. Degree from Indiana University and
Four years later, during the summer of 1978, I had just completed my first year of law school and was working for a legal aid organization in Columbus. I came home from work one day and Bob was there. His father had suffered a coronary and Bob traveled from Pensacola to Columbus to see his father and to talk with my father, his father’s physician, about his father’s condition. Incidentally, his father lived for at least twenty or more years but Bob’s presence that day was contemporaneous with the mail delivery of the report card from my first year of law school. I felt certain that I had flunked at least one course so I stealthily snuck up the stairs to my room to open the envelope. Lo and behold, I aced Torts and won the book award! I immediately shared my success with Bob and he then described the nature of his practice in Pensacola and the firm with which he was associated and I was immediately interested and attracted. Bob returned to Pensacola, one thing led to another, and within a week or so Bob called and extended an offer to me to work as a law clerk for the firm for the rest of the summer, an offer that I declined because of other commitments. Imagine being a single, twenty-three-year-old law student turning down an offer to work for a summer in Florida at the Levin firm! But Bob was responsible for extending an offer again the following summer and so I came to Pensacola and worked for the firm as a law clerk between my second and third year of law school and, upon graduation in June, 1980, loaded all of my earthly possessions into the back of my
1969 Ford and drove to Pensacola to join the Levin firm where I practiced for thirty years. Bob and I were law partners for seventeen of those years. Bob left the firm in March, 1997 to pursue bad faith insurance practice on his own and then later his son, Jon, joined. From a personal standpoint, many of the good traits observed about Bob as a kid more than sixty years ago carried over into his life as an attorney. He was always prepared and on time. Bob always produced an excellent work product, was never a quitter, was self-motivated and he always accepted responsibility for his own mistakes. He was even keeled and good natured even in the face of adversity and defeat. Bob maintained his youthful appearance, mental happiness and emotional stability his entire life. He was well adjusted, well balanced and happy with who he was. He was consistent. He loved to tell a good joke and had an infectious laugh. He was humble and never sought to be the center of attention. When the conversation turned to him, he would always deflect to a different topic for continued non-disruptive conversation. He always strived to do the right thing. Bob never spoke bad or ill of anyone and if he did utter unpleasant words it was just a sudden emotional burst of excitement or disbelief that was quickly forgiven and forgotten. Bob was honest; he would not deceive or trick anyone even if there was no risk that anyone would find out. Like most all of us, Bob was motivated by money but money was not the end all of his professional life. Doing the right thing at the right time for the right reason was his primary motivation. I knew him from early on in his life and know that his values and personality remained constant and consistent throughout his entire life. Bob’s voice had a special quality about it that was comforting and non-threatening and at the same time was full of confidence and authority. Writing a tribute about the life of Bob Mayes is easy because he was a great human being and it would be difficult to find
Fall 2020 | 17
one person with a bad or negative thing to say or comment about him. Bob was fun to be with. He was genuine. In the courtroom he was serious. Jurors identified with Bob because he was able to take a complicated problem, admit to difficulty understanding the complication himself, and explain the problem in simple ordinary language so that both he and the jury came to the same conclusion. Bob immediately became my mentor as he was to many other young lawyers. He taught young lawyers how to practice law by example. He taught me how to be a lawyer and how to conduct myself as a lawyer both by his example and substantive teaching. Although I handled family law cases at the beginning, I simply could not resist joining forces with my partners who were achieving great results in injury jury cases and so I quickly made the transition to personal injury practice. During selection of my first jury, Bob told me at break: “Look, I know you do not feel like you know what you are doing but you are doing a great job and I know you are nervous but keep your hands away from each other because when they are together you fidget and the fidgeting is more distracting than your quivering voice. Once you quit fidgeting, the voice quiver will go away.” And so both annoying distractions ended. We worked together on all kind of tort cases. Some with crazy facts. We worked on car crashes, defective products, premises liability, medical malpractice, bad faith and battery cases. He was always generous with his time and division of fees that were earned on cases. Beginning lawyers know nothing about how to try a case but Bob sure did. He was a master jury trial expert. He taught me not only how to try a case but, just as important, how to prepare to try a case. Trial outline, witness lists, direct and redirect questions, directed verdict argument, opening statement, closing argument and rebuttal all had to be written out and he believed that notes should not be used during opening, closing or rebuttal. If you had to read your notes while talking to the jury then you were not prepared. I learned from Bob the importance of talking with colleagues about my cases and of presenting a case to a focus group and learning about the strengths and weaknesses of the case before being told by the jury. An especially difficult
dispute arose with one of the firm’s clients over the amount of money distributed to her after a jury trial and appeal all of the way to the Florida Supreme Court. Her complaint was against one of the firm’s senior partners who pointed the finger at me. My response to the grievance filed by the client with The Florida Bar required me to direct a serious counter accusation against him. I sought counsel from Bob about the delicate dilemma and, as usual, Bob had a very practical solution to what appeared to be an insurmountable problem: do the right thing and don’t worry about it. Several of Bob’s favorite expressions were, “Like my grandmother used to say, no one will care in 87 years” and “You do not have to remember what you said if you tell the truth.” From a professional standpoint, Bob’s conduct was always within the bounds of ethics and he had excellent judgment and great instinct. In delicate situations, he would sometimes tiptoe right up close to and brush the line but never breach it. He never cheated or exploited anyone, he lived and practiced by The Golden Rule. He loved to win and he did win most of his jury trials, but he accepted defeat with grace. He was a worker. Bob was once involved in two jury trials during the same week and even though defense lawyers consented to a continuance, Bob proceeded. He finished argument in one case on Wednesday mid-morning, left the courtroom and went across the hall to a different courtroom and gave opening statement in another case and started presenting evidence while the jury in the first case deliberated and was on a plane for a deposition in South Florida in yet a third case while the second jury continued its deliberation. Both cases were verdicts for his clients. Every single one of Bob’s cases was just as important as all of his other cases and he treated all of his clients the same. The three-time slip and fall client with aggravation of a pre-existing back condition who slipped and fell in the same fast food restaurant but on different pieces of chicken was just as important to him as a case involving clear liability of a quadriplegic. Bob was enterprising. In the mid-80s, the firm explored the idea of buying audio visual equipment for recording depositions but decided not to purchase the equipment because it was expensive and would
probably not be used. Instead, Bob bought the equipment and rented it out to lawyers in and out of the firm on a case by case basis and it was paid in full in about three weeks. Bob achieved much success in his professional life by refining and practicing the law of third party insurance bad faith. This practice consisted of representing individuals against insurance companies who failed to do the right thing in not protecting their insureds. After an excess judgment was obtained against an insured, Bob specialized in finding out why the insurance company left its insured hanging out to dry and making the insurance company pay for its mistake. He did not keep count but Bob probably tried over 200 civil jury trials to verdict. He obtained collective verdicts in excess of $100 million dollars in single event cases for his clients who had bad faith acts committed against them by their insurance companies. Bob was a leader. He served as President of the Escambia-Santa Rosa Bar Association during 1985-86. He lectured on trial law throughout Florida for over twentyfive years. Bob was a good friend to many of his law partners and with lawyers on the other side of the table as well. Bob was respected by all judges and all lawyers on both sides. The coronavirus pandemic has changed the legal profession’s way of doing business and the way in which we interact with others. We are no longer required to be physically present at events, even in the courtroom. I never expected to attend a memorial service for Bob while watching from my laptop computer on Facebook. I felt bad that, under the circumstances, I could not even be in St. Ann Church Gulf Breeze to say goodbye but I am comforted with Bob’s belief that he has gone to his eternal reward and that we will someday be reunited. Paula, Bob’s wife of 34 years, two sons, Steven and Jon; five grandchildren, Gavin, Ryan, Abigail, Bella and Johnny, Jr.; and brother, Jim (Caroline), survive. My life as a lawyer was profoundly enhanced by Bob Mayes. I am grateful for his friendship and influence on my life and career in Pensacola and, although he is gone, my vivid memory of and love for him lives on. To read the complete article online, visit esrba.com.
18 | The Summation
The First Judicial Circuit Implements Virtual Court by Craig Van Brussel, Court Technology Officer
On March 11th, 2020 Chief Justice Canady entered AOSC20-12 directing chief judges to take all necessary measures to lessen the effects of the pandemics on the courts and court participants while keeping the courts open to the fullest extent consistent with public safety. In AOSC2013 the court ordered the suspension of all jury selection proceedings, criminal and civil jury trials and grand jury proceedings. The Chief Justice also required circuit and county courts to conduct essential proceedings, while suspending other proceedings as necessary to mitigate the potential effects of COVID-19 unless the chief judge determined that other proceedings could be conducted remotely without the necessity of inperson court appearance. Following those orders, the First Judicial Circuit moved into the world of virtual court technology and had to quickly explore how to continue to provide court services while keeping judges, court staff and the public safe by not having them appear in person. Because the judges already had a judicial viewer program to electronically view their cases from any location, the courts were able to quickly move work
processes to the cloud, roll out video conferencing software (ZOOM), create and send out instructions and coordinate with partner agencies. All of which gave Chief Judge John Miller early options for meeting the Florida Supreme Court’s administrative order requirements. Since technical staff had already been through a large-scale digital transformation with the implementation of the judicial viewer, they had the court experience, digital skills and innovative mindset to create new virtual court processes rapidly. During our Phase 1 response, Escambia’s remote County Arraignments was a good example of the court’s swift adjustment to the new social distancing measures. The Clerk, State Attorney and Public Defender quickly agreed to create a ZOOM courtroom model that would maintain social distancing requirements and alleviate the technical challenges for litigants. This model involved creating a physical ZOOM room in the courthouse for the public to appear in person. A large monitor was placed at the front of the courtroom, and all partner agencies dialed into the judge’s ZOOM call. Litigants were properly separated and
stood at the courtroom podium as normal, while the judge, clerk, state attorney and public defender appeared on the courtroom monitor from their respective offices. During those initial hearings, the judges had access to the electronic court files via their judicial viewer, clerks had access to their case maintenance system, and the state attorneys and public defenders had access to their file systems. This early model proved virtual court was possible. A couple of weeks later, the Office of State Courts selected ZOOM as the preferred virtual courtroom platform for all Florida courts and purchased licenses for every judge in each of the twenty judicial circuits (although circuits are still allowed to use MS Teams and other video products at their discretion). In a short time, judges and staff across the state who were accustomed to in-person court
proceedings transitioned to the virtual courtroom and did so with committed effort while learning new technical skills. In the First Judicial Circuit ZOOM licenses, laptops and webcams were dispersed to judges and court staff. Training material was created and ZOOM seminars were given to make everyone proficient. In the four months since the ZOOM transition began, judges and court staff have successfully adapted to the new remote environment and have been able to keep the court system operational during these challenging times. Many court employees are working remotely to keep court operations going. Court staff are scheduling cases, e-filing orders, handling attorney and pro se litigant calls and e-mails, handling budget matters, paying invoices and ordering pandemic supplies while working from home. At the outset of the
Fall 2020 | 19
pandemic the court’s IT department reimaged, tested and configured dozens of laptops in preparation for the remote work demand. The court’s bandwidth was also increased to prepare for the heavy upsurge in network video traffic. Judges across our circuit are now using ZOOM to conduct hearings in all court divisions, including first appearance, probate, adoptions and specialty courts like Drug Court and Veterans Court. Judges, magistrates and hearing officers are using ZOOM to conduct family law hearings for pro se litigants and attorney cases, child support cases, Baker Acts, Marchman Act hearings and various civil hearings. Court staff are also using ZOOM to conduct mediations. And soon traffic infraction hearings will be conducted with the Pensacola Police Department, FHP and other local sheriff and police departments by ZOOM. Juvenile judges are handling most of their dependency and delinquency dockets, including non-essential hearings, using this remote technology, with many parents appearing by iPhone. In addition to the
clerks, state attorneys and public defenders, staff from other partner agencies like DCF, DJJ and Lakeview are using remote technology to appear for court hearings. ZOOM is also being used by the Court Administrator’s office to coordinate meetings for judges, conduct job interviews, coordinate staff meetings and train employees. The courts have been using video at the jail for many years in order to minimize the risk to public safety involved with transporting inmates, so the transition to ZOOM was relatively straight forward. However, the ease with which ZOOM can be connected has allowed the courts to expand video appearance to the Road Prison and Work Release as well, with minimal cost. Hearings can now be scheduled for inmates at these locations without the need for transportation, which not only saves resources but also facilitates reducing inmate population during the pandemic. Currently, circuit-wide, the First Judicial Circuit is conducting between 40–80 ZOOM hearings per day with an average of 500 total participants. The numbers have risen each month as the courts, attorneys and the public have settled into this new normal. Attorneys and litigants are connecting to these ZOOM hearings using all types of devices
Usage by Participants
from PCs, Macs and laptops, to iPhone, iPads and Android devices. And on August 18th the First Circuit reached its highest usage level in a single day with 1,107 participants appearing by ZOOM. With COVID 19 the courts were forced to rollout years of innovation in just a few months, and ZOOM has proven to be surprisingly effective in certain types of proceedings. In the future it may be determined that some matters are more efficiently conducted using this technology and it will become a permanent part of the court system. In responding to the pandemic, the courts have learned some useful lessons that could transform court processes going forward, such as, in some instances, a ZOOM appearance is equivalent to seeing someone in person. And ZOOM proceedings save valuable time and resources by eliminating the time spent commuting, finding parking and entering the courthouse. Virtual court proceedings are revealing efficiencies and convenience for all parties.
Pro se litigants using ZOOM on their iPhone don’t have to take time off from work or arrange for childcare to come to court. Transportation to court, another difficulty for many people, can also be eliminated in some instances. In the long run, virtual court hearings could be beneficial for everyone’s schedules, efficiency and cost, but there is still a long way to go for the courts in terms of implementing any permanent remote procedures. The statutes and rules still need to be discussed and examined at the state level, but to date the courts have shown great flexibility using this new technology to manage the pandemic. As for the ZOOM video conferencing program itself, it will continue to develop as all software does. One Florida judicial circuit has already taken the initiative and met with ZOOM officials to offer recommendations to make a “judicial vision” of ZOOM which will allow judges to more effectively manage litigants and evidence in the future.
20 | The Summation
The Only Thing Constant Is Change by Judge Ross Goodman are. What meaning you ascribe to them, if any, is up to you. The point I want to make is that there has been an increase in the percentage of women and black lawyers over the last 45 years. This has changed the Escambia-Santa Rosa Bar Association. And, more change is to be expected. So what is this change going to look like?
Photo by August de Richelieu from Pexels
I took a break the other day and noticed, outside my office, there are three pictures that depict the members of the Escambia-Santa Rosa Bar in 1975, 1980 and 1999-2000 (I note that the pictures do not contain all of the members). I noticed something I hadn’t noticed before. In 1975, all the members pictured were men, and only one of the men was black. In 1980, there were only eight women lawyers pictured and one black lawyer. Before going to the third picture, I thought surely, there must be progress between 1980 and 1999. And there was: three women judges, 49 women lawyers and two black lawyers (out of 399 lawyers pictured). The percentage of female lawyers had reached 13 percent.
I found this interesting. I expected continued increase in the number of women and black lawyers in the 25-year span. So, I wondered, how do the numbers look today? Out of 700 members, 153 are women and eight are black. (These numbers are drawn from the pictures posted on the Bar’s website which, again, does not reflect all members.) In the 20 years from 1999– 2000 to today, the percentage of women lawyers had risen to 23 percent. Black lawyers went from .005 percent in 1999–2000 to .011 percent. No, this is not some liberal diatribe on sexism and racism. No, this is not a scolding or any kind of condemnation. The numbers are what the numbers
Law Schools now hover around 50 percent men and women. The percentages of black law students is going up as well. Demographically, the trend from 1975 to today will continue, and likely will increase at a faster rate. Technology over the time period has also changed dramatically. In 1975, copies were by mimeograph (look it up) or carbon paper; there were no computers, let alone the powerful gigabyte memory laptop computers of today. Correspondence was dictated on a tape recorder and handtyped by the secretary. They at least did have electric typewriters back then. If you wanted to cut and paste something, that’s what you did...with scissors and glue. The practice of law changed as well. Professionalism replaced the “gotcha” style of the practice of law. The rules changed requiring more disclosure and imposing
sanctions for dilatory or unethical work. We went from tracing the history of a case by looking in books, to the Westlaw, LexisNexis, etc. software today. Technology has changed exponentially. “Between 2000 and 2017 three critical things happened simultaneously in the technology universe: (1) computer processing power increased from 103 to 107 ; (2) the cost of data storage reduced from $12.4 per GB to $0.004 per GB; and (3) there was astronomically large data growth. In other words, we are now in an age when it’s easy to harness computer power to engage in learning; it’s cheap, and there are massive amounts of data from which to learn.” The Future of Law Firms (and Lawyers) in the Age of Artificial Intelligence ABA Journal, Vol. 27 No. 1 (Anthony E. Davis) [Anthony Davis is Of Counsel at Clyde & Co US LLP. He is a Lecturer in Law at Columbia University Law School and a Past President of the Association of Professional Responsibility Lawyers.] For me, this tectonic change was relatively gradual. But I am nearing the end of my career. For those of you in the beginning or the middle of your careers, the change will accelerate as well as increase in magnitude.
Fall 2020 | 21
All of this series of meandering thoughts are what led me to this article. Who will be the leaders of the tsunami of change in the legal profession that is inevitable? How are those leaders going to shape all of this change? Will lawyers simply go along and adjust to change as it comes, or will they be proactive and work to affect the change? These questions are not just idle curiosity. This is a wake up call to the young and middle-term lawyers. You can let others shape your profession, or you can take this opportunity to shape it yourselves. You can simply go along with the change and adjust with it, or you can adjust the change in such a way as to improve the profession and the practice of law. Look, I know how busy you are. I appreciate that you read this far. And, I know I am asking you to pile one more worry onto your “to do” list. C.S. Lewis once said something to the effect that you cannot change the past, but you can be a part of shaping the future. So, I challenge you. Get informed. Keep up with the changes. Proactively work to affect that change. Hopefully, over the next 45 years, you can do a better job than us old lawyers did!
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22 | The Summation
UWF’s Newly Redesigned Legal Studies Internships by Hal White and Charlie Penrod
U
WF’s Legal Studies Program in the Department of Administration and Law has for years conducted a small, competitive Legal Internship program for which course credit can be earned. The Legal Studies program is pleased to announce the hiring of an internship coordinator that will allow more students to take advantage of this valuable opportunity. If conditions allow, the internships would begin in the Spring of 2021. We are extending our internships to private firms to allow students the chance to gain experience in a variety of legal settings. We are excited that our internship coordinator allows us to expand our internship offerings to all legal providers. Of course, our valued non-profit and public/ governmental organizations will continue to serve as placement sites. Students are provided the opportunity to investigate potential career paths within the legal field while also serving the community. Students apply for this internship, and admission is not automatic. The application process is competitive based upon factors such as GPA and overall engagement within the university. Every Legal Studies internship is conducted as a cooperative effort between the
Legal Studies Program and the placement site. Each placement site will have the opportunity to interview the potential intern before the internship begins. Importantly, private law firms can now choose between offering either paid or unpaid internships so long as the firm commits to providing an educational opportunity for the intern. The Legal Studies intern works under the overall supervision of a licensed attorney. This supervising attorney then shares his or her evaluation of the student’s work with the internship coordinator who will monitor the progress of the internship, receive weekly reports from the student and ultimately award the grade at the end of the semester. We also anticipate that the internship coordinator will make at least one site visit to the placement site every year. While there are progress reports that we ask our attorneys to periodically submit, the workload is not onerous and the benefits of having a student intern are immense. Interns will have had Legal Research & Writing prior to interning, and thus can be asked to perform research, write memos or other similar tasks within the office. Typically, students will also have taken classes at UWF that include Civil Procedure, Evidence and perhaps Family
Law, Torts and Criminal Law, which can prove valuable throughout the internship. A Legal Studies intern must perform a minimum of 120 hours during the semester for three (3) credit hours, 90 hours for two (2) credit hours, or 60 hours for one (1) credit hour. The process for setting up an internship is easy. The participating office and the university enter into an agreement with regard to the scope and character of the internship. Then, the supervising attorney at the placement site works with the student to develop a work schedule prior to commencement of the placement. Over the years, since its founding by Emeritus Professor Susan Harrell, the internship program has made some fine placements that achieved great successes, both for the placement sites and for the students involved. We want to especially thank Judge Gary Bergosh and UWF General Counsel Pam Langham for providing our most recent placement sites. If you are interested in hosting a UWF Legal Studies intern, please contact Charlie Penrod, Associate Professor of Legal Studies, by either phone or e-mail. We are looking for
a wide variety of placement sites, including private law firms, clerkships with judges, nonprofit organizations or governmental agencies. This is a win-win for everyone involved, and we hope to hear from many of you! Hal White - University Professor of Ethics, Law & Policy, Senior Administrative Fellow Department of Administration and Law, College of Education and Professional Studies Charlie Penrod - Associate Professor of Legal Studies and Interim Chair of the Department of Administration and Law. Professor Penrod can be reached at cpenrod@uwf.edu or by phone at 850-474-2777.
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A real estat e section
Mediations & Arbitrations (in your ooce at reduced hourly rates) By Attorney Louis Ray (53 years exp.)
maga zine.c om
Kids Run the Market
Pensacola is gearing up for the first ever Children's Business Fair
Animal Encounters get up Local spots to close & personal with wildlife
SUMMER FASHION
For Toddlers, Tweens & Teens
Summer Camps
ALSO IN THIS ISSUE:
ON THE MARKET SECTION
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Summer Camps 2019
A REAL ESTATE
BUSINESS CLIMATE
Protect imperiled manatees and their habitat
om
may 2019 | PensaCoLamagazine.C
The Angle r's Paintbru sh
an intervie w with alan Woolfo rd
Advent on the Beures premier adv ach ent ure park offe rs som new and ething different
Underw Escapes ater
From the gulf of mexico to pensacola escambia Bay, underwateris rich with adventure s ALSO IN
THIS ISSU
ON TH
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E:
E MARKET A REAL EST ATE SECTIO N
BUSINES
S CLIMAT E
Happy Trails
Explore the Best of Florida's Kayaking, Northwest Birding and Walking Trails august
On the Market a real estate section
+Business CliMate
2019 | pen
sacola
magazin
e.com
The official parade of homes guide Floor plans + maps inside
JUNE 2019 • pensacola
magazine.com
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