“Only through your involvement

and work will we

further the DCBA’s

mission. We cannot do it without you.

“A Century of Service to Miami-Dade County”

Programs and Services That Help You GROW Your Practice, GAIN Experience & GIVE Back

BULLETIN

APRIL 2019IN THIS ISSUE:In Memoriam: Sookie WilliamsPage 2

Why Lawyers Should Foster Creativity

Top 5 Tips for Businesses to Prevent or Decrease Litigation CostsPage 3

Mindfulness, Compassion Fatigue, and the un-Intentional Infliction of Emotional DistressPage 4 and 5

The Constitutional CornerPage 5

Find Fulfillment... Even in a Difficult Situation

Dade Legal AidPage 6

Avoiding Legal Malpractice in Prosecuting Medical Malpractice ClaimsPage 7

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For more than 100 years, DCBA leaders and members have worked tirelessly toward presenting programs and services that help you grow your practice, gain experience and give back. This year, we have refocused and redirected our efforts towards these goals by starting the year off with a new administrative team and by listening and providing programs you have requested. We are seeing positive results.

My sincere hope is that you have felt more connected to the DCBA and more connected to your fellow members throughout the year. Only through your involvement and work will we further the DCBA’s mission. We cannot do it without you. We want your ideas, your energy and your action. The actions you take may include encouraging colleagues and friends to join the DCBA so they connect with others. You may decide to become active in a committee or in planning an event. And, hopefully it means joining us at one of our many programs this Spring, including two of my favorites, Bench and Bar and Judicial Reception.

On April 5, please join us for the Bench and Bar conference and the Judicial Reception. They are fast approaching and this year we have decided to combine them into a day of excellent programming, networking and fun.

Our Eighth Annual Bench and Bar’s theme is “Diversity and Inclusion.” There are many definitions of these terms and one way to think about them is that diversity is the mix or range of human differences and inclusion is the deliberate act of welcoming diversity and creating an environment where everyone can thrive and succeed. Diversity and inclusion matter because, among others things, shared perspectives and varied experiences help us develop creative solutions and help us better serve our clients and communities. We have secured 11 CLEs including 1 Ethics, 1 Technology, 1 Bias Elimination, and 1 Mental Illness credit. We are thrilled to have many of the Voluntary Bar Associations joining us including the Asian Pacific American Bar Association, Caribbean Bar Association, Cuban American Bar Association, Gwen S. Cherry Black Women Lawyers Association, Florida Association for Criminal Defense Lawyers, Haitian Lawyers Association, Miami Beach Bar Association, Miami-Dade FAWL, North Dade Bar Association, South Asian Bar Association, South Miami Kendall Bar Association, and Wilkie D. Ferguson, Jr. Bar Association. Special thanks to our Program Chair Sabrina Puglisi for all her hard work and effort, our committees, our panelists and our DCBA team for organizing such great panels.

For later that evening, the DCBA Board and the Young Lawyers Section Board are working together on what promises to be a wonderful judicial reception. We look forward to celebrating our amazing South Florida judiciary and networking with friends.

We hope you can join us for these events and other events scheduled for this Spring. We look forward to hearing from you, working with you, and seeing you at each of these events. As always, I welcome any comments you may have on how we can make your bar better.

Stephanie L. Carman

Stephanie Carman102nd President of

the Dade County Bar

PRESIDENT’S MESSAGE

2 DCBA BULLETIN | APRIL 2019

DADE COUNTY BAR ASSOCIATIONBoard of Directors 2018-2019

OFFICERSSTEPHANIE L. CARMAN, President*

GILBERT K. SQUIRES, President-Elect*JANE MUIR, Vice President*

SABRINA PUGLISI, Secretary*ERIC HOCKMAN, Treasurer*

JACQUELINE KIVIAT, Executive Director

JOHNNIE M. RIDGELY, Executive Director (1965-2006)

GROUP ONELATOYA BROWN

JULIAN JACKSON-FANNINMELISSA JORDAN

GROUP TWOSTELLA CHU

NATALIE RICOSTUART WEISSMAN

STEPHANIE GROSMANJACQUELINE LEDON

JAIME VINING

GROUP THREEPATRICK MONTOYAZACHARY JAMES

MIRANDA LUNDEEN SOTOALICE SUMIRENE ORIA

EVELINA LIBHEN

GROUP FOURTHOMAS SANTORO

JACQUELINE ARANGOJEFF P. CYNAMON

JULIE HARRIS NELSONLORI SOCHIN

GROUP FIVERICHARD LESLIESCOTT L. BAENA

STANFORD BLAKEDAVID ROGERO

NEIL ROBERTSONPATRICIA REDMOND

RICHARD LESLIE, ABA Delegate

DADE COUNTY BAR ASSOCIATIONYOUNG LAYWERS SECTION

BOARD OF DIRECTORS 2018-2019

OFFICERSEVIAN L. WHITE DE LEON, PRESIDENTISABELLA POSCHL, PRESIDENT-ELECT

KRISTEN CORPION, SECRETARYSCOTT MERL, TREASURER

2018-2019 DIRECTORSMICHAEL T. DAVIS

RACHAEL MITCHELL FAGENSONAMBER KORNREICHDANIEL ROWINSKYRICHARD D. SHANE

JIHAN SOLIMAN

2018-2020 DIRECTORSMARIANNE CURTIS

TIFFANY-ASHLEY DISNEYDARYL GREENBERG

MICHAEL LEVINERODRIGO PALOMINO

NIKKI RIGLJUSTIN STIVERS

BULLETIN COMMITTEEKATHERINE MASTRUCCI, CO-CHAIR

MIHAI VRASMASU, CO-CHAIR123 NW FIRST AVENUE #214

MIAMI, FLORIDA 33128305-371-2220

In Memoriam: Sookie Williams

Sookie Williams—a giant in the legal community and a driving force behind the success of the Dade County Bar Association and the DCBA Bulletin—passed away on March 13, 2019, at the age of 101. As Karen Ladis, Executive Director of Dade Legal Aid, commented, “Ms. Williams attended just about every event in the legal community, sometimes two to three per day, to support the DCBA, the Courts, Dade Legal Aid, MDFAWL, and other associations. When I was an editor for the DCBA Bulletin in the early 1990s, Sookie was responsible for making sure the Bulletin was informative, timely submitted, edited, published, and circulated. Sookie was a dynamic leader and a wealth of information and it is thanks to her guidance that the Bulletin is still a great success today.”

Below are comments made by Judge Sandy Karlan (ret.) and a poem she read at Ms. Williams’s funeral service held on March 18, 2019, at Temple Judea:

Can you imagine a world without Sookie Williams? Unimaginable. Through the years she has been the indomitable red-headed, beautiful face of the Daily Business Review. Is there anyone who can remember a time in the practice of law without the ever-present Sookie Williams? She was a constant support to our legal community. Sookie was one of our superstars who like some other superstars can be identified by only one name – Cher, Madonna, and Rosemary. One of a kind.

Since Wednesday, [the day of Sookie’s passing], I have received emails and notes mourning her loss with such words as: outstanding woman warrior, national treasure, mentor, confidante, energetic, tireless, ageless, dignified, positive, a joy, champion for legal aid, a great friend. And she was all of that.

What has kept Sookie young all these years? Her motto has always been, “Stay curious. Stay interested.” Her curiosity led her to take a job during World War II on defense projects, then to move to Miami Beach and become a bookkeeper and office manager; and finally that

curiosity led her to try a newly created position at the Miami Review (now the Daily Business Review). Her job at DBR was to reach out to the legal community and fill the pages with legal notices. And did she ever! The energy that she brought to her work at the paper was the same energy that she invested in all of us.

Her natural interest in people led her to attend almost every voluntary bar lunch and/or dinner meeting during her years with the paper, providing guidance to each new judge and new president of every voluntary bar association and always asking, “What’s new? What can the paper do for the lawyers? And how can I help you to be the best president you can be?” We at FAWL would have liked to claim her for our own—yet she was equally invested in all of the voluntary bar associations, as well as Legal Aid, Put Something Back, and Legal Services.

If you ever visited her office at the Daily Business Review, you would see the plaques and awards from every group including Legal Legend. The Dade County Bar named an award after her for Outstanding Community Service, and she thought long and hard about whom should receive that award every year. And now the Sookie Williams Scholarship.

I was one new president who was fortunate enough to learn from her and privileged over time to be able to call her my very dear friend. I am sure that you all have your special memories of Sookie, as I have mine, and I’d like to share some of those memories with you. Some of our memories may be similar. They also help to explain how she stayed so young!

She took up ballroom dancing at 70 and danced three to four times every week until a couple of years ago. She brought me into that world. She also took pilates, acupuncture, and jazz dance. Many of you saw her happily dance at bar events with Mark. She was a musician and devotee of musical and dance performances, so we went to New World Symphony, Alvin Ailey Dance Company, Miami Opera, Miami Ballet—and of course in addition to the classics she loved exploring new music and dance.

She stayed up-to-date on all of the news and technology and learned Apple Computing at 95. She was generous with her time and advice. She was not secretive yet she could and did keep all of our secrets! She was not judgmental yet if you asked her for her opinion, she told you the truth. She abhorred bigotry and snobbery in all of its forms. She was no stranger to tragedy in her own life yet

she refused to dwell on it or make it the story of her life.

She was ageless. None of us really knew her age until she was well into her 80s because she never waxed nostalgic about the “good old days.” Did you ever hear her say, “Oh, you wouldn’t know that song, it’s from my time…” or “You wouldn’t remember…”?

Of course, she always wore high heels and number 720 Revlon Fire and Ice bright red lipstick (which I copied).

She always made time for the family she adores, her daughter Bryna and husband Steve, granddaughters Jillann, Cathy, and Nancy and her great grandchildren, never missing a birthday, holiday or one-on-one. And her newest family member, Harryse Michel, whom many of you have met over the years. I call her an angel on earth and so did Sookie.

I’d like to take a moment and read a poem that was written by Crystal Foy as part of her retirement ceremony from the DBR.

AN ADMIRABLE WOMANBy Crystal Foy

There is a woman who always keeps her head up high.Her eyes sparkle like a bright star in the sky.

She has the stamina, beauty, and courage that one would

admire,even the love and

happiness one inspires.She is a woman that one can

always count on,and a woman that sees no

wrong.Her beauty shines from

the inside out;it flows like a journey down

a long route.Her smile shines beautifully like the sun rising over the horizon,and her intelligence, wisdom,

and hard work are not surprising.

She is a genuinely caring women

who goes the extra mile to help one in need or broken hearted,

and throughout all of her hard work,

no one ever sees her fall apart.

For all that she has given to us, to you and to me, she will be missed. Our world will be a little less colorful without her and everything a little more ordinary without Sookie. I know that she would want me to tell all of you: She loves you. She thanks you and is grateful for the wonderful life she has led. And stay curious! Sookie Williams is my hero! We love you, Sookie.

www.dadecountybar.org 3

Top 5 Tips for Businesses to Prevent or Decrease Litigation CostsBY LAUREN MARSICANO

My name is Lauren Marsicano, and I’m a business and commercial litigation attorney, which

basically means I deal with agreements. Agreements (or disagreements) between people or businesses, for products or services. I’ve been practicing for six years, and I have both jury and non-jury trial experience. I have handled cases ranging from those involving individuals and startups in state court to those involving the defense of large multinational corporations in federal court. During this time, I’ve saved a company over $250,000.00 by uncovering a fraudulent scheme being perpetrated by a husband and wife team. I’ve prevented an owner from losing his company when the owner failed to protect his business with the proper corporate documents and contracts. I obtained a judgment against an employee who was running up corporate debts for personal expenses without proper authority, and I have mitigated damages in the millions of dollars for businesses and owners alike.

Through all these cases, I have seen what steps could have been taken early on to prevent costly litigation, or at least severely decrease the risk of exposure to such litigation costs. Here are my “Top 5 Tips” that you can start implementing to decrease or prevent costly litigation:

1) Hire the right team. The most important professionals to have as part of your team: Accountant and Lawyer.

2) Get it in writing! Reduce agreements to a written contract with specifically defined terms and enforcement mechanisms.

3) Don’t sign anything without having a lawyer review it (and not the other side’s attorney!).

4) Get some security. When giving a loan, make sure the loan is secured with collateral (i.e., a home or car). If providing a service, get partial payment upfront to secure your services. If paying a deposit, make sure it is held in escrow.

5) Invest in yourself. If you are running a business, you need to budget for accounting and legal services. Skimping on these services to save a couple thousand dollars now can cost

you tens of thousands (or even hundreds of thousands) of dollars in the long run. Invest in yourself, your company, and your future.

By following these tips, you should be able to prevent (or minimize) your risk of exposure to costly litigation and add to your company’s bottom line in the long term.

*This article is being offered for educational purposes only and is not legal advice. No attorney-client relationship has been formed, and you should always consult an attorney to discuss your unique situation.

Lauren Marsicano is a founding partner of the boutique law firm Marsicano + Leyva PLLC, and she heads the firm’s business transaction and commercial litigation practice. Lauren was named a Top 40 Under 40 Lawyer of the year by the American Bar Association in 2018, and she also recently launched Networking Maverick, LLC as a way to engage, educate, motivate, and empower entrepreneurs. Sign-up for her monthly newsletter at NetworkingMaverick.com and subscribe to her Networking Maverick YouTube channel for weekly strategies for success and e-mentorship. She can be contacted via email at LM@MLesquire.com.

PROFESSIONALISM TIP OF THE MONTH

From the Eleventh Judicial Circuit Standards

of Professionalism and Civility

REMEMBERall attorneys practicing

within the Eleventh Judicial Circuit are bound by the Eleventh Judicial

Circuit Standards of Professionalism and

Civility. The standards are controlling authority. Before

scheduling a hearing on any motion or discovery

objection, a lawyer should endeavor to resolve or

narrow the issue at hand. In scheduling depositions

upon oral examination, a lawyer should allow enough time to permit the conclusion of the deposition, including

examination by all parties, without adjournment. Sections 6.1 and 6.2,

Respect for the Time and Commitments of Others.

Why Lawyers Should Foster Creativity BY EVIAN WHITE DE LEONAND TIFFANY-ASHLEY DISNEY

Surrounded by rigid rules and deadlines, the creative side of an attorney can get lost in high-pressured chaos; but there are good reasons why lawyers should make it a personal commitment to nurture their inner Creative.

Studies show that engaging in creative activities promotes positive

moods. (The Journal of Positive Psychology, Everyday Creative Activity as A Path to Flourishing, Conner, DeYoung and Silvia) One demonstrated that those who dedicated over 100 hours a year to artistic activities

reported significantly better mental health. (BMC Public Health, The Art of Being Mentally Healthy, Davies, Knuiman and Rosenberg) As the article points out, “arts engagement has been associated with perceptions of happiness and stress reduction” – something that is especially important for an attorney’s mental health.

Maybe most appealing is that being creative is good for career advancement because as lawyers, we are trying to solve problems every day, and that requires an innovative mind with the ability to engage in creative problem solving. (Traits Important for Success in the Business Law Practice by Charles McCallum) The phrase “Creative Problem Solving” was coined in the 1940s by Alex Osborn, and it is certainly applicable in the legal field. Key principles that can be applied to the legal field are to, first, ask problems as questions and second, shift your mentality to focus on the “yes, and” rather than the “no, but.” At its core,

creative problem solving in the legal field looks at “the needs and interests of the different parties and examines what solutions may be possible in reconciling and meeting all parties’ needs and objectives”: it is not about winning. (Georgetown Law Faculty Publications, Aha? Is Creativity Possible in Legal Problem Solving and Teachable in Legal Education, Carrie Menkel-Meadow)

Here are some tips you can incorporate:

• Make your workspace inspiring. Put up pictures of your family, hang art on your walls, and put things in your line of vision that motivate you.

• Miami has an increasingly accessible art scene. Perez Art Museum Miami offers free activities every second Saturday.You can buy reasonably priced tickets to shows at the Adrienne Arsht Center, and subscribe to

The New Tropic to stay in the loop on community events. If you’re into music, check out Dade Legal Aid’s Battle of the Bands on April 13th.

• Take non-credit classes at Miami-Dade Community College at the School of Continuing Education & Professional Development. They have everything from swimming, Zumba, and foreign languages to creative writing and more.

There are endless ways that you can weave your creative side into your professional world. Before you know it, the courtroom will become your theater, and the brief becomes a blank canvas on which you paint with words.

On the weekends you can find Tiffany with a camera in her hand taking pictures of sunrises and sunsets. Tiffany’s office contains both art she purchased, and a calming beach scene photograph she captured. During the work week, Tiffany is an associate with the firm Foreman Friedman, PA. She can be reached at tidsney@fflegal.com or 305-358-6555.

Evian White De Leon is Program & Policy Director at Miami Homes For All, Inc.

4 DCBA BULLETIN | APRIL 2019

The practice of law is intellectually engaging and calls for a great deal of effort and capacity. The demands placed upon

lawyers and that lawyers place upon themselves to excel and win, can be a source of great fulfillment and, when pressure mounts, can be overwhelming and depleting. For many lawyers, the intellectual rigors of practice, which involve reading, analyzing, deliberating, drafting, reviewing, strategizing, and arguing, make up much of the landscape of the law. It is, however, but a partial view. For the heart of legal practice often touches the heart of who we are as human beings in ways we may not always appreciate, owing to the relentless drive to do well, win, and help solve other people’s problems.

Justice Oliver Wendell Holmes, Jr. reminds us that the life of the law is not logic, but experience—an insight that runs deeper than even he may have realized. As systemic concerns over lawyer health and well-being take center stage, we are all encouraged to take stock and, as needed, take action to attend to self-care and the quality of our emotional lives.

Compassion FatigueThis month’s column explores

an area of increasing concern in the law known as compassion fatigue. If the term is new to you, compassion fatigue, also known as vicarious trauma and secondary traumatic stress, refers to the cumulative emotional, physical, and psychological toll of ongoing exposure to emotionally charged experiences. These can include the traumatic stories we hear and images we see, along with interactions with anxious, confused, sad, and angry clients and colleagues. Importantly, compassion fatigue is different from burnout, which is brought on by the intensity of workload stress. The stressful nature of our work, however, can exacerbate compassion fatigue, and burnout and compassion fatigue can co-exist. Fortunately, compassion fatigue is treatable. It is important to appreciate its telltale signs and to take action to ameliorate its impact on our well-being, productivity, and health. Signs of Compassion Fatigue• Feeling overwhelmed and depleted• Becoming emotionally numb and

Mindfulness, Compassion Fatigue, and the un-Intentional Infliction of Emotional Distress

detached • Having difficulty sleeping,

headaches, and weight loss• Experiencing disturbing memories

and images, while awake and when dreaming

• Inclined to anger, irritability and worry

• Withdrawing socially, at work and home

• Harboring feelings of self-doubt, guilt, and self-contempt

• Seeking escape through alcohol, drugs, work, sex, food and other objects of addiction.

• Loss of purpose and job satisfaction

Many of these symptoms may be experienced periodically and dissipate. However, if you experience them over time, and regularly work in a helping or healing capacity or in an emotionally charged environment, they may indicate compassion fatigue. The American Bar Association reports that lawyers are especially susceptible to compassion fatigue if they practice in areas like criminal, family or juvenile law, which can involve visiting accident scenes, viewing graphic evidence, listening to victims’ stories, and dealing with reports of trauma and victimization. As caring human beings with shared experiences and the capacity to empathize with those who are suffering, it is important to be attentive to the emotional residue that we all can pick up from our work.

What You Can Do

One of the most agreed-upon treatments for compassion fatigue is self-care. While the importance of self-care is probably a familiar refrain, implementing it in our lives can be challenging owing to feelings of not having enough time, believing that it is a sign of weakness, or misconstruing what constitutes self-care. Turning your attention to one or more of its most commonly espoused forms—especially those you enjoy and may find to be waning—can be beneficial. These include: • Exercise • Sleep • Relaxation • Nutritious eating • Therapy • Mindfulness practice • Social connection

Mindfulness meditation is included in most lists of self-care yet stands apart in a few notable ways. First, most forms of self-care are an explicit part of daily life, e.g., eating, sleeping, and exercise, and the challenge many grapple

with is finding balance, or getting enough of it. Meditation, however, is regarded by many as a “nice to have,” and many conclude that they do not have time for it. At the same time, practicing mindfulness meditation is not only useful as an end in itself for well-being, but also helps to establish a steadier state from which to meaningfully engage in other forms of self-care.

Self-AwarenessYou may have friends and family

who share with you their concerns for your emotional well-being. Often, though, people are too busy to notice, or feel uncomfortable sharing their concerns. Greater self-awareness allows us to more readily notice when we are not quite ourselves, and to pause and check for signs of compassion fatigue. Doing so may sometimes result in an unexpected wake-up call. The initials of compassion fatigue are “cf,” which is a grammatical device that means “compare with.” It can be helpful at times to compare yourself today with yourself at a good period in your life. If that comparison suggests that you are not quite yourself—perhaps more irritable, prone to anger, experiencing headaches or having difficulty sleeping, feeling sad or exhausted, or self-medicating, it may be worthwhile talking with someone and exploring forms of self-care that resonate with you.

A New Cause for Action and Avenue for Relief

In many ways, our empathic and compassionate human capacities, coupled with our motivation to help others who are suffering, amid a stressful and combative landscape like the law, can lead to the un-intentional infliction of our own emotional distress. It is a cause for action, and there are steps we can take to find relief and feel better so that we can do better for ourselves, our clients, our families and friends, and our profession.

One of the reasons mindfulness meditation has become so popular is that it helps to develop resilience. As discussed in previous columns, while mindfulness practices can be relaxing, an important aspect of their utility is developing the capacity to remain steady amid emotionally agitating moments. A key to this is not learning to grin and bear it, but rather perceiving with greater clarity what is actually taking place. And because mindfulness practices are often calming, their benefit as a form of self-care is compounded. You can visit http://bit.ly/dcbabulletin to read previous

columns appearing in the Bulletin and the Florida Bar News on mindfulness insights and a series of practices that you can bring into your busy day to help enrich the quality of your life. You may want to begin with articles that discuss (1) The Three Minute Breathing Space and (2) Mindful Listening.

Closing with a S.T.E.P. in the Direction of Mindfulness As with sleep, exercise, social engagement, and eating, establishing a regular mindfulness practice is recommended to more fully and reliably experience its benefits. As we close this article, we can together take a S.T.E.P. in this direction with a short practice. It is one that you can do amid an emotionally challenging moment for a few breaths. The instruction is to:• Stop

Take a Breath, Aware of the Breath

• Expand Awareness Around the Object

• Proceed

Even now you can practice. “Stop” or slow down the momentum of this moment by forming the intention to take a few moments and practice mindfulness; you are reminding yourself that you are here. “Take a Breath” and, as you inhale and exhale a little bit more deeply for a few breaths, bring awareness to the sensations of the breath flowing through your body. The key here is a pivot toward greater awareness. “Expand Awareness” beyond these words, or whatever has the lion’s share of your attention in the moment, and take in the larger field. Listen for sounds, feel the temperature and movement of the air, notice aroma, observe whatever arises and passes through the visual field. This is shifting into a state of what has been termed “choiceless awareness” or “bare attention,” as you practice being present for the moment, as it is. When you are ready to do so, “Proceed,” carrying on with your day—perhaps bringing a little of what you cultivated through this short practice into the moments that follow. We might think of this as the Intentional Infliction of Emotional De-stress.

Scott Rogers is founder and director of the University of Miami School of Law’s Mindfulness in Law Program, and the University’s Mindfulness Research and Training Initiative. He is a nationally regarded expert on mindfulness and has been sharing mindfulness with members of the legal profession since 1992. Scott can be reached at srogers@law.miami.edu.

BY SCOTT ROGERS

www.dadecountybar.org 5

BY HONORABLE MILTON HIRSCH As great a boon to the young and growing United States as was the Louisiana Purchase, that purchase carried with it the seeds of a question that would be fought

over furiously in legislatures and courthouses for decades, and then more furiously on battlefields with names such as Antietam, Shiloh, and Gettysburg. That question was simply this: As portions of the Louisiana territory sought admission to the Union as states, who had power under the Constitution to decide whether they would be slave states or free states?

In the spring of 1820, it occurred to John Holmes, a young congressman from Massachusetts, that the person to whom that question should be addressed was the man who made

The Constitutional Cornerthe Louisiana Purchase — the aging but still living Thomas Jefferson, long withdrawn from public life at Monticello.

In response to Holmes’s inquiry, Jefferson, in a letter dated April 22, expressed his profound concern:

“[T]his momentous question, like a fire bell in the night, [has] awakened and filled me with terror. I considered it at once as the knell of the Union. It is hushed, indeed, for the moment. But this is a reprieve only, not a final sentence. A geographical line, coinciding with a marked principle, moral and political, once conceived and held up to the angry passions of men, will never be obliterated; and every new irritation will mark it deeper and deeper. I can say, with conscious truth, that there is not a man on earth who would sacrifice more than I would to relieve us from this heavy reproach, in any practicable way. The cession of that kind of property,

for so it is misnamed, is a bagatelle which would not cost me a second thought, if, in that way, a general emancipation and expatriation could be effected; and, gradually, and with due sacrifices, I think it might be. But as it is, we have the wolf by the ears, and we can neither hold him, nor safely let him go. Justice is in one scale, and self-preservation in the other.”

Note that, according to Jefferson, the evil of slavery can be eliminated entirely only by the emancipation “and expatriation” of slaves -- removing all of them to the West Indies or elsewhere.

The old man concluded his letter with this heartbreaking thought:

“I regret that I am now to die in the belief, that the useless sacrifice of themselves by the generation of 1776, to acquire self-government and happiness to their country, is to be thrown away by the unwise and unworthy passions of their sons, and that my only consolation is to

be, that I live not to weep over it. If they would but dispassionately weigh the blessings they will throw away, against an abstract principle more likely to be effected by union than by scission, they would pause before they would perpetrate this act of suicide on themselves, and of treason against the hopes of the world. To yourself, as the faithful advocate of the Union, I tender the offering of my high esteem and respect.”

The Honorable Milton Hirsch has been a judge of the 11th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law and at St. Thomas Law School. In 2016, he became the recipient of the Dade County Bar Association’s “Criminal Justice Award” for his outstanding contribution to Miami-Dade County’s criminal justice system. The above passage is an excerpt from Judge Hirsch’s Constitutional Calendar. If you would like to be added to the Calendar’s distribution list, please contact Judge Hirsch at milton.hirsch@gmail.com with your name and e-mail address.

Life is too short to spend it doing something you hate. That’s why it’s so important to define success for yourself

and work towards a career and a life that energizes you and fulfills your passion.

But I can hear the objections now…

“That sounds great, but I’m stuck in a job I hate, but I can’t leave because there’s nothing better…”

I get it… most of us can look back at our career and identify time periods that we didn’t love. First of all, if you find yourself in this situation, it’s important to have a long-term plan to get you moving towards something you truly enjoy. But in the meantime, there are likely steps that you can take to make your current position more fulfilling. Here are four suggestions.

Take control of your time by learning to say no. One of the most common complaints I hear from lawyers relate to demanding people – often clients and colleagues. These lawyers constantly feel pressured and behind the eight ball.

Find Fulfillment... Even in a Difficult SituationThey end up stressed out, working long hours, and hating every minute of it. The solution is to learn when and how to say no. With clients, it can be as simple as, “I can’t get that for you right this minute, but I can have it to you within 48 hours, is that okay?” With colleagues you can take the same approach, or you can tactfully let them know that you don’t have the time right now to spend on their request. When you learn to say no, you take back control of your time, and that’s a BIG deal.

Figure out what you do enjoy about your work and how you can spend more time doing that. Chances are there are some aspects of your work that you enjoy. What are they? How can you put yourself in position to do MORE of this type of work? For example,

if there’s a specific type of matter that you enjoy, consider telling your managing partner how much you enjoy it… and why you think you do a great job at it. If much of your work comes from referrals, let your referral sources know what kind of work you’re looking for!

Make time for rest, relaxation, and sleep. When you’re overworked, often the first thing you sacrifice is sleep. And you likely find yourself sacrificing time with your family and friends.

You may also find it difficult to find the time to exercise, to read, and to pursue your other interests. It’s important that you do everything you can to manage your time efficiently in order to MAKE time for these non-work priorities.

Otherwise you’ll wake up one morning and realize that you’re miserable.

Create a longer-term plan, which will move you in a direction you’re excited about… and start taking baby steps! You may be in a difficult position at the moment and you may have limited options. But the GOOD NEWS is that this situation won’t last unless you let it! Make the commitment to figure out what you want your career and your life to look like and create a plan to get there. Figure out what success looks like for YOU and begin acting on it. I would love to help you with this process if you’d like to chat – feel free to give me a call or shoot me an email.

Paula Black is a legal business development and branding expert, author, consultant and coach. She is the award-winning author of “The Little Black Book” series and the Amazon-bestselling “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days,” and now, “A Lawyer’s Guide to Creating a Life, Not Just a Living.” Her books can be found on Amazon. For more information visit: www.inblackandwhiteblog.com or www.paulablack.com.

BY PAULA BLACK

“I’m stuck in a job I hate,but I can’t leave because there’s nothing better…”

6 DCBA BULLETIN | APRIL 2019

On behalf of Dade Legal Aid, thank you for your support of our mission these past 70 years. Begun as a committee in 1939 to serve veterans stationed here during World War II and to help families seeking domestic, guardianship and small claims services, the agency has served tens of thousands of multi-generational low-income residents ever since. In 1991, we launched “Put Something Back,” the official pro bono program of our circuit and have impacted thousands of additional vulnerable individuals in need of assistance. Each year, we recruit hundreds of new attorneys for pro bono cases, train and support those attorneys, and raise funds for cutting-edge legal services to our community’s indigent who cannot be served by any other program. Over the years, we have expanded partnerships across the county in order to better serve marginalized populations. We are determined that no one suffers abuse, neglect or violence by their batterer, becomes a victim of human sex trafficking or experiences alienation or homelessness. Likewise, no children or families should suffer further injustices during court proceedings because they cannot afford an attorney on their behalf. These are just a few of our many endeavors thanks to you and your enthusiastic embrace of Dade Legal Aid - Put Something Back, but there is much more work to be done in our quest for equal access to justice for all.

On April 13, 2019, we will be hosting “Band Together for Dade Legal Aid” to celebrate our 70th anniversary and hope you will attend and generously sponsor a worthy cause. Please join us for a special community event featuring local lawyer rock star bands: The Urge, LLP, Chillable Hours, Crazy Talk, The 540’s and Feedback jamming for justice. If you can’t make it, you can still support equal access to justice. To donate, sponsor, or support the event, just e-mail me at kladis@dadelegalaid.org or psb@dadelegalaid.org.

On Friday, March 8, 2019, Dade Legal Aid/Put Something Back and The Bankruptcy Bar Association of the Southern District of Florida, in conjunction with The Wilkie D. Ferguson Jr. Bar Association & Dade County Bar Association Young Lawyers Section, presented When the Bubble Bursts Be Ready for the Fallout: Latest Developments in Consumer Bankruptcy Seminar. The seminar, which was generously made possible by The American College of Bankruptcy Foundation, recruited and trained 80 pro bono attorneys to accept cases for indigent debtors unable to afford an attorney on their own. Following brief remarks by Zach B. Shelomith, Esq., President, Bankruptcy Bar Association for the Southern District of Florida, and Karen Ladis, Esq., Director, Dade Legal Aid’s Put Something Back, moderator Patricia Redmond introduced the View from the Bench Panel featuring Chief Judge Laurel M. Isicoff, Chief Judge Emeritus A. Jay Cristol, and Former Chief Judge Robert A. Mark, followed by The Newest Developments in Consumer Bankruptcy featuring The Honorable Eugene R. Wedoff (ret.). Additional panels included: How to Survive a Chapter 13 featuring Nancy K. Neidich, Chapter 13 Standing Trustee, Laila S. Gonzalez, Esq., Michael A. Frank, Esq., James Schwitalla, Esq., and Monique D. Hayes, Esq., Moderator, and a Chapter 7 Trustee Panel: Common Missteps and Mistakes that Debtors Can Make in Bankruptcy featuring Scott N. Brown, Esq, Chapter 7 Trustee, Bast Amron LLP, Barry Mukamal, CPA, Eric Silver, Esq., and Shelomith, Moderator. The afternoon panel discussed Business Bankruptcy Perspectives featuring Paul Orshan, Esq., Dana Quick, Esq., and Adrian Delancy, Esq.

“It was an honor to participate in such a wonderful and informative seminar with these great bar organizations,” said Zach Shelomith, President of the Bankruptcy Bar Association of the Southern District of Florida. “Pro bono work is such an important part of being a lawyer, and there are so many different ways that attorneys can provide bankruptcy pro bono services to those in need. We provided training and tips for pro bono attorneys to provide these services to our community.” We are extremely grateful to the American College of Bankruptcy Foundation for its support and to Bast Amron LLP for sponsoring the event.

Dade Legal Aid welcomes outstanding law students from the University of Pennsylvania Latina Law Society during Spring Break: Michelle Mlacker, Veronica Sanchez, and Karimah Munin.

“We all learned so much and enjoyed working with Dade Legal Aid during Spring Break. Thank you for the opportunity to work with you all and to see the inner workings of the agency. We could not have imagined a more meaningful way to spend our Spring Break. We look forward to continue applying Dade Legal Aid’s mission through our pro bono work!” said Ms. Sanchez, LALSA Pro Bono Chair.

Executive Director’s Message

UPenn Latina Law Society Students Volunteer at DLA for Spring Break

BankruptcySeminar

Michelle Mlacker, Veronica Sanchez (LALSA Pro Bono Chair) and Karimah Munin

34th Annual View from the Bench Family Law Seminar

On May 1, 2019, Dade Legal Aid will be holding the 34th Annual View from the Bench Family Law Seminar to recruit and train attorneys to handle family law related cases and to serve as Guardians ad Litem in contested family, domestic violence and related matters. Along with the Eleventh Judicial Circuit Family Division, Dade Legal Aid - Put Something Back and Kornreich & Associates are pleased to announce that this year’s featured topics include: View from the Bench, New Judges Roundtable, What is an “Emergency?”, Time Management, Motion Calendar Do’s and Don’ts, Families in Crisis - Family Court Services, Professionalism & Ethics, Legislative and Case Law Updates, Ray H. Pearson Pro Bono GAL Award and much more…

Speakers include The Honorable Scott M. Bernstein, Administrative Judge, 11th Judicial Circuit Family Division, Judge Valerie Manno Schurr, Associate Administrative Judge, Judge David Young, Judge Ivonne Cuesta, Judge Oscar Rodriguez-Fonts, Judge Angelica Zayas, General Magistrate Flora Jackson, General Magistrate Gina Mendez-Locke, Cynthia Greene, Esq., Maria Gonzalez, Esq., Moderator Gerald I. Kornreich, Esq., Erika Ruiz, and Nancy St. Phard. This seminar is generously sponsored by Family Law Software, Professional Bank and the Daily Business Review.

To register for, sponsor or accept a pro bono Family or GAL case, please email PSB@dadelegalaid.org.

www.dadecountybar.org 7

Medical negligence cases present issues distinct from other tort cases. They come with increased costs and require

compliance with Florida’s pre-suit process. If attorneys representing plaintiffs in medical malpractice cases fail to comply with Florida’s pre-suit regime, they may end up committing malpractice and their clients’ cases may be forever barred. For these reasons, it is not uncommon for many personal injury attorneys to shy away from prosecuting medical malpractice claims.

Chapter 766 of the Florida Statutes sets forth a pre-suit investigation procedure that must be followed by both claimants and defendants in medical malpractice cases. The purpose of the pre-suit process “is to screen out frivolous claims, give a defendant notice of a potential claim so it can investigate the matter, and if the claim has merit, promote pre-suit settlement.” Holmes Reg’l Med. Ctr., Inc. v. Wirth, 49 So. 3d 802, 805 (Fla. 5th DCA 2010).

Section 766.104(1) provides that no medical negligence action shall be filed “unless the attorney filing the action has made a reasonable investigation as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant.” As part of that reasonable investigation, the attorney must review the case against potential defendants, consult with a medical expert, and obtain a written opinion from that expert providing “[c]orroboration of reasonable grounds to initiate” litigation. § 766.203(2)(b), Fla. Stat. The type of expert required depends upon the circumstances of the case; your expert must practice in the same specialty of the defendant health care provider.

Once you have your expert opinion in hand, you must then notify each prospective defendant by certified mail, return receipt requested, of your intent to initiate litigation. The mailing of the notice triggers a 90-day period during which the defendant must conduct a review of the claim. Only at the end of that 90-day period may a plaintiff file a lawsuit.

Avoiding Legal Malpractice in Prosecuting Medical Malpractice Claims

The pre-suit requirements not only require more work and expenses on the front end but can also be a trap for the uninitiated. A recent appellate opinion demonstrates how the failure to comply with Florida’s pre-suit process can add insult to a client’s injury. In Davis v. Karr, et al., the patient alleged that her doctor, an orthopedic surgeon, was negligent in performing a hip surgery resulting in the fracture of her femur. During pre-suit, the patient provided the defendant with opinions from several

experts including an emergency room physician, a radiologist, and a nurse, all stating that the orthopedic surgeon negligently caused the fracture of the patient’s femur. The problem is, the patient did not provide a written opinion from an orthopedic surgeon attesting to the mistakes that were made during the surgery.

After the patient filed her lawsuit, the defendant moved to dismiss the case because none of the expert opinions provided during the pre-suit period was from an orthopedic surgeon, which was the defendant’s specialty. The trial court ruled that the plaintiff did not comply with the

pre-suit requirements and dismissed the case with prejudice, entering judgment for the defendant. The Fifth District affirmed, and the patient’s case was forever barred. This is a terribly unfortunate outcome for the patient that left her saddled with damages that could not be recovered from the doctor.

As one might imagine, the pre-suit process is subject to various exceptions and wrinkles. For example, if a defendant fails to

provide medical records relevant to any litigation of medical negligence within 10 business days of a request for copies, the defendant “waive[s] the requirement of written medical corroboration by the requesting party.” § 766.204(2), Fla. Stat. A reasonable investigation, including consultation with an expert, must still be conducted.

On a number of occasions, defendants have produced records to us that are, on their face, incomplete. Nursing notes from a lengthy hospitalization or radiological imaging will be missing. Accordingly, in those circumstances, some

plaintiffs initiate pre-suit without providing the written expert opinion.

Beware, however, that despite the clear language of the statute, and case law applying same, it is not uncommon for a defendant to file a motion to dismiss if the plaintiff does not provide the written opinion. If the defendant did not timely provide the relevant records, such a motion should be denied. See Medina v. Pub. Health Trust, 743 So. 2d 541, 542 (Fla. 3d DCA 1999) (reversing dismissal for failure to comply with pre-suit requirements where the defendant failed to timely produce x-rays and records).

Keep in mind though that while certiorari review of a nonfinal order denying a motion to dismiss is generally unavailable, such review is available “where a medical defendant presents facts demonstrating the plaintiff has not met the pre-suit notice requirements of [Florida law].” Baptist Med. Ctr. of Beaches, Inc. v. Rhodin, 40 So. 3d 112, 114–15 (Fla. 1st DCA 2010).

Given that medical malpractice cases, including those that do not involve wrongful death, have a two-year statute of limitations, timely compliance with the pre-suit requirements is particularly important. Therein of course lies the danger. When you factor in the time required to obtain the records, perform your investigation, initiate pre-suit, file your case, and potentially litigate a motion to dismiss and possibly an appeal, you may be running short on time. The failure to comply with the pre-suit process prior to the running the statute of limitations can result in dismissal of your case rendering it forever barred.

The bottom line is: In a medical malpractice case, compliance with Florida’s pre-suit process is critical to the viability of your case and avoiding legal malpractice.

Michael Levine is an attorney at Stewart Tilghman Fox Bianchi & Cain, P.A. and represents plaintiffs in catastrophic injury and wrongful death cases. Prior to joining the firm, he clerked for the Honorable Paul C. Huck. Michael is a member of the board of directors of the Dade County Bar Association Young Lawyers Section and Jewish Community Services, and serves on the Florida Bar Young Lawyers Division Board of Governors.

BY MICHAEL LEVINE

“Once you have your expert opinion in hand, you must then notify each prospective defendant by certified mail, return receipt

requested, of your intent to initiate litigation.The mailing

of the notice triggers a 90-day period during which the

defendant must conduct a review of the claim. ”

8 DCBA BULLETIN | APRIL 2019

For more information visit www.dadecountybar.org

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