“A Century of Service to Miami-Dade County”

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

On behalf of the Dade County Bar Association (“DCBA”), I am excited and proud to announce that the DCBA’s annual Bench & Bar Conference is now only 3 months away, and will take place on Friday, February 20, 2015, from 8:00 a.m. – 4:30 p.m. (with a Grand Cocktail Reception to follow at 4:30 p.m.), at the Hyatt Regency in downtown Miami.

This year’s Bench & Bar is expected to be even larger than this past year’s record setting DCBA Bench & Bar (which was the largest legal seminar held in Florida in 2014, with nearly 1,050 judges, government attorneys, in-house counsel, and private practice lawyers participating in the day-long conference).

This year’s Keynote Speaker is Harvard Law Professor Alan M. Dershowitz, and the Featured Lunch Speaker is Carnival Corporation CEO, Arnold Donald.

And in addition to the fact that all attendees receive numerous CLE or CJE hours, admission is always complimentary for all sitting members of the Federal, State & Appellate Judiciary.

The DCBA’s Bench & Bar also takes great pride in having the top South Florida Judges and Practitioners lecture and moderate all 33 seminars scheduled throughout the day. And this year there are over 55 Judges and 150 lawyers who have volunteered to lecture and/or moderate this year’s program.

For those of you who have attended in past years, everyone enjoys the program’s format, which is fun, practicable and flexible. Every hour (from 8:00 a.m. – 4:30 p.m.) the DCBA hosts 5-6 separate seminars throughout the conference, covering a wide variety of practice areas in order to educate our entire Miami-Dade County legal community. From 12:00 p.m. – 1:30 p.m., there is a Keynote Lunch, and lawyers and Judges are always welcome to take a break from the lectures in order to network and socialize throughout the day with the 1,000+ attendees and vendor sponsors.

To sign up to attend and to review the details of this year’s outstanding seminars and approximate 200 guest Judges and Attorney speakers, please visit the Dade County Bar Association website at www.dadecountybar.org

I want to give special thanks to the “Executive Producers” of this event, Jordan Dresnick (DCBA Secretary) and Jeff Rynor (DCBA Vice President) who have together worked tirelessly to make sure that this year’s DCBA Bench & Bar is the best yet. Without them, the DCBA’s Bench & Bar would never be the success it has become year in and year out.

I look forward to seeing everyone in our legal community at this year’s DCBA Bench & Bar!

BULLETIN

DECEMBER 2014

Herman Russomanno III

“This year’s

Bench & Bar

is expected to

be even larger

than last year’s

record setting

Bench & Bar”

PRESIDENT’S MESSAGE

IN THIS ISSUE:Welcome to The Bar: Looking Back at Six Months as an Attorney Page 2

On not Being the Life of the Holiday Party

January 22, 2015 Lunch ‘n Learn CLE “Depositions 101” Page 3

General Membership LuncheonPage 4

Beware: New Family Law Status Quo Order Now in EffectPage 5

Dade Legal Aid

The Constitutional CornerPage 6

Business And Personal Development Success Starts With A PlanPage 7

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2 DCBA BULLETIN | DECEMBER 2014

DADE COUNTY BAR ASSOCIATIONBoard of Directors 2014-2015

OFFICERSHERMAN J. RUSSOMANNO, III, President*

JASON M. MURRAY, President-Elect*JEFFREY A. RYNOR, Vice President*JORDAN A. DRESNICK, Secretary* STEPHANIE L. CARMAN, Treasurer*

MATTHEW J. RIDGELY, Executive DirectorJOHNNIE M. RIDGELY, Executive Director

(1965-2006)

GROUP ONEERICK HOCKMAN

JONATHAN KASKELNATALIE RICO

CAITLIN M. TROWBRIDGEDANIEL F. BENAVIDESRASHAD M. COLLINS

GROUP TWOMONICA F. ROSSBACH

ADAM J. SHAPIROELIZABETH FERRY

EFFIE D. SILVAJACQUELINE C. LEDON

JANE W. MUIR

GROUP THREEKATIE S. PHANG

ADILIA QUINTANA-HEDGESJEFF P. CYNAMON

ERIC A. HERNANDEZSUZETTE L. RUSSOMANNO

VIVIANA P. VARELA

GROUP FOURROBERT B. BOYERS

STEVEN E. EISENBERGDAVID ALSCHULER

GREGORY P. SREENANJERRY D. HAMILTON

JOHN P. MURRAY

GROUP FIVEGROUP FIVE

RICHARD M. LESLIEJEROME J. KAVULICH

GLENN B. KRITZERJACQUELYN P. NEEDELMAN

LEONARD ELIASRICHARD C. MILSTEIN

TIMOTHY M. RAVICH, ABA Delegate 2012-2014

DADE COUNTY BAR ASSOCIATIONYOUNG LAYWERS SECTION

BOARD OF DIRECTORS 2014-2015

OFFICERSGeri Satin, President

Joshua L. Wintle, President-ElectStuart Weissman, Secretary

Evian White, Treasurer

2013-2015 DIRECTORSKristen Corpion

Gregory S. D’IncelliJenna Fischman

Daryl A. GreenbergLacey Hofmeyer

Joshua A. MarcusMandy L. Mills

2014-2016 DIRECTORSEric Bluestein

Zachariah R.F. EvangelistaStephanie Grosman

Liam Mc GivernScott Merl

Isabella PoschlRonnell D. Robinzine

The Bulletin CommitteeCaitlin Trowbridge, Co-ChairMihai Vrasmasu, Co-Chair123 NW First Avenue #214

Miami, Florida 33128305-371-2220

Ex – OfficioSookie Williams

For the rest of our careers, the decisions that we make and the way we conduct ourselves as attorneys will determine how the legal profession, as a whole, is viewed by the community. It is incumbent upon us to be the standard bearers for the profession and to maintain the highest level of professionalism and integrity. We owe it to one another, we owe it to our clients, we owe it to judges, and we owe it to all of the lawyers who have paved the way for us to be here. Our clients, our peers, our judges, our families, and our communities have put their trust in us to ensure that the law is upheld and justice is done, and it is our job to continually earn that trust.

No Profession Like the Practice of the Law Yes, the economy has not made a full recovery. The job market is still tough, at best. Pulling all-nighters as a first year associate is nowhere near as easy as it was in law school when I was cramming for finals, knowing that summer or winter break was right around the corner and that there would be plenty of time to recharge after exams. Getting home from work early sometimes means getting home in time for the fourth quarter of the Heat game – when we are playing on the West Coast. Yet, it still amazes me when I hear people recommend to others that they should not go to law school. It amazes me even more when people tell me that if they had to do it over again, they, themselves, would not go to law school. This profession involves much more hard work, dedication, and work ethic than the primetime shows about lawyers ever let on. But at the end of the day, there really is no other profession quite like the practice of the law. Regardless of whether you are a litigator, transactional attorney, or perhaps in-house counsel, this profession allows us to consistently make lasting impacts on our client’s lives, livelihoods, and families. We are given the opportunity to think creatively in order to solve problems, and to make a real and tangible difference in people’s lives, every single day. For me, the privilege of practicing law outweighs the profession’s perceived shortcomings every time.

So, as you can imagine, when people ask me whether they should go to law school, I never give a resounding “NO.” That being said, I also never give them a resounding “YES.” Like any other case, I listen to the facts and usually respond with “it depends.” I am still an attorney after all.

Daniel McDermott is an associate at Chepenik Trushin LLP, who concentrates on contested probate and trust litigation, as well as complex business and commercial litigation. Mr. McDermott graduated magna cum laude from the University of Miami School of Law in December of 2013, and was admitted to the Florida Bar in April of 2014. He can be reached at dmcdermott@ctllp.com.

Welcome to The Bar: Looking Back at Six Months as an Attorney BY DANIEL MCDERMOTT

“Do not go to law school.” As most attorneys can attest, especially new attorneys, one question that we are always asked is whether one should go to law school. I have been asked

this earnest question by friends, family, young children with future aspirations, all the way to retired persons considering a new career. What always surprises me is not the question, but the answer I hear so many of my fellow attorneys give: a resounding “NO!” Perhaps it is a symptom of my own naiveté, but I have a far more positive outlook on the career path that we have chosen in the legal profession.

Earlier this year, I was honored to give a speech at the swearing in ceremony at the Third District Court of Appeal for newly admitted lawyers such as myself. During my speech, I addressed what it meant to me, after three years of law school and endless preparation, to finally become an attorney. Now, six months later, having had an opportunity to actually practice law, my viewpoints have changed as I have developed an understanding of how lawyers work with one another.

A New Appreciation for Trust In my speech, I discussed a quote from one of my law school professors that has always resonated with me: “If I can’t trust you on the small stuff, what can I trust you on?” At that time, the “stuff,” both big and small, was merely hypothetical. Now, having participated in legal advocacy, ranging from pleadings to discovery to complex trials, I have a much clearer understanding of what I am being entrusted with.

It is easy to say in law school that you have to follow, for example, the rules of evidence – that is presumed to be the small stuff. However, when you are in the middle of trial and opposing counsel moves ore tenus to exclude a piece of evidence and your client and boss turn to you to respond on the spot, that is where the “small stuff ” no longer seems so small. Out of thousands of pages of statutes, rules, and regulations that relate to your case, this is an on-the-spot exam on a single, nuanced aspect of the law with which you may or may not have ever dealt. At that moment, you know the outcome of that short debate has the possibility of impacting the result of an entire trial. And did I mention that there is a fairly decent probability that you will be making this potentially trial-altering judgment call on only a couple hours of sleep because you were preparing late into the night for another issue that very well may never come up? This is the part of being an attorney that I could only comprehend in theory six months ago, and it gives a whole new meaning to the term trust. My client trusts me

in this situation, and it is my job to be prepared.

I have come to learn that even the presumably simplest tasks attorneys handle on a daily basis come with enormous responsibility. Given the high stakes of the transactions and relationships we are involved in as attorneys, trust is fundamental in all aspects of practicing law. It is easy to come out of law school knowing that your clients need to trust you, but in practice you learn how imperative it is that you are also trusted by your co-workers, your employers, your employees, by the judges, the court staff, and even by opposing counsel.

Adjusted Expectations As I looked back on my speech, I had to chuckle at another comment I made, which was that it is our job, as attorneys, to be right 100% of the time. Now I realize that not only is that an impossible goal, but it is also completely impractical. While it is still important to strive for perfection, it is just as important to recognize when you are wrong, and proceed accordingly. In the media and in society, the focus on the legal profession tends to be on sensationalized courtroom battles and hard-fought, climactic victories. Then in law school we are taught to study the law and zealously advocate for every client, every time. One of the most humbling experiences that I have had in my first six months of practice has been coming to the realization that in practice not every battle is worth winning. This is not to say that we would ever sell our clients short by failing to zealously advocate for their interests, but it can be just as important for us to realize which battles are worth fighting so we can serve as the trusted advisors our clients depend on us to be. I have been amazed at the impact conceding the “small stuff ” can have, especially when it comes to earning the trust and respect of opposing counsel, which can have far reaching benefits for our clients, both financially and strategically.

“Now, six months later, having had an opportunity to actually practice law, my viewpoints have changed as I have developed an understanding of how lawyers work with one another.”

www.dadecountybar.org 3

Dancing With The Stars, keep those jazz hands in your pockets and the lower-lip-biting at a minimum.

5. Don’t be the first person on the dance floor.

6. Don’t be the last person on the dance floor.

7. Don’t stand next to the managing partner all night. Sure, you were on the Safety Patrol in elementary school. But, leave the “monitoring” to the one person in the room who is getting paid a lot more than you to have no fun at all.

8. Don’t take multiple rounds of tequila shots.

9. Don’t offer to drive three co-workers home after taking multiple rounds of tequila shots.

10. Don’t use the evening as an excuse to get “handsy” with a co-worker, unless you enjoy awkward silences under the unforgiving fluorescent lights of the office the next morning.

11. Don’t be honest with people. (Given that it is a room filled with lawyers, this one shouldn’t be too difficult.) Whether you have an office crush or you can’t stand one of your co-workers, the holiday office party is not the time to air your innermost thoughts.

12. Don’t use the holiday party as the perfect time to show off the fruits of your recent stint at the gym, tanning salon, or plastic surgeon’s office. Hold off on the spandex, corsets, and skin-bearing numbers until your next trip to Vegas (presumably, not a work trip).

13. Don’t undress throughout the night – indecent exposure is never cute.

14. Don’t corner your boss.

On Not Being the Life of the Holiday Party

Depositions 101 CLE with Ervin Gonzalez January 22, 2015

BY GERI SATIN

It is late-September. Around 9:00 pm. Usually during primetime – in the midst of Olivia Pope stomping through the White House in one of her

head-to-toe cream ensembles or Peyton Manning yelling “Omaha” for the umpteenth time while breaking yet another all-time record – that it happens. A Holiday Commercial.

Sure, you are still wiping the sand from your shoes; storing your collection of jorts and flip-flops; and cleaning off the grill from your Labor Day BBQ. Who could imagine a better time to start thinking about holiday gifts (said no one, anywhere, ever!).

This year, it was Kmart’s attempt at self-deprecation in its Not a Christmas Commercial. It involved a spokeswoman making the case that shoppers should start using Kmart’s layaway program now if, “say, you have an event in late December that you need a lot of gifts for. Like maybe if your entire family is having a birthday on the same day.” Of course, the words Christmas and Holidays are not used, although the commercial ends by wishing everyone a “Merry Birthday.” This is just about when my upchuck reflux starts to kick in.

Now, feel free to call me a Scrooge if you like, but these commercials take all the joy out of the holidays. Whether “she went to Jared” or “it’s a [Sept]ember to remember,” premature holiday commercials are remembered – but for all the wrong reasons. If you subscribe to the philosophy that any publicity is good publicity, then the millions of dollars pumped into these campaigns are worth every penny. But, if you are an average consumer like myself, the early onslaught of holiday

Join the Dade County Bar Young, Lawyers Section on January 22, 2015 from 12–1:30 p.m. at the Lawson Thomas Courthouse, 11th floor, for a foundational skills-building CLE on depositions.

All trial attorneys know the importance of taking effective depositions, but do you have the skills and techniques necessary? This lunchtime CLE, “Depositions 101,” will provide you with tips and strategies for taking and defending fact witness and expert depositions, including pre-

commercials merely work to ensure holiday-shutdown-mode for a good two-to-three months.

Having been in holiday-shutdown-mode for the last couple of months, I’ve decided to come out of hibernation (it is, after all, December). But only to be the bearer of even more bad news: Your holiday office party is fast approaching. Sure, this may seem like a wholesome opportunity to mingle with co-workers and let your hair down; but, in reality, your holiday office party is a labyrinth riddled with traps, trickery, and temptation that can land you a first-class ticket (usually, these are pink) to HR the next day.

So, in the spirit of keeping your job over the holidays and as my gift to you, I give you Geri Satin’s 20 painstakingly obvious (but inevitably ignored) holiday office party DON’Ts:

1. Don’t opt out of the holiday party – it is not optional. Unless your wife is literally in labor or your boss has personally sent you on an out-of-town work trip, your presence is required at the holiday party (and the managing partner is taking attendance).

2. Don’t spend all night “talking-shop.” No one wants to hear about the deal you just closed or how you ripped so-and-so a new one in court this morning. Just let it go. For one night. Please!

3. Don’t hoard the sushi bar or the shellfish station (or, if you do, do so elusively) – whether it’s lobsters and stone crabs from Joe’s or peel-and-eat shrimp from Publix (cheap bastards!), don’t treat the crustaceans like they are going out of season. Remember that managing partner I told you about? He’s also keeping tabs of costs (and the amount of your next bonus).

4. Don’t decide you are twinkle toes. Unless you recently appeared on

15. Don’t get cornered by your over-affectionate co-worker or the resident office close-talker.

16. Don’t answer emails all night. We get it – you are a very important person. But, I’m sure the customer service survey on your recent experience with Amazon.com can wait until morning.

17. Don’t post a million pictures of the office soiree on your various social media accounts. This one is on par with pictures of food, emotional status updates, political rants, song lyrics, #blessed, birthday photo collages, and bathroom selfies (strike that, all selfies).

18. Don’t post or tweet the “hilarious” photos of your drunken colleagues or peers – this will only end in tears.

19. Don’t crawl into the office hungover or pull a sickie the next day. Whether you need to pop a few aspirin, chug a coconut water, or discretely make your way to the restroom, put on your game face and make an appearance at the office.

20. Most importantly, don’t be the September Kmart commercial of your holiday office party. Sure, it is terrific to be remembered – but not for the wrong reasons. As the great Charles Dickens once said, “it is a far, far better thing to be remembered for a killer brief than to be remembered for killer cleavage at the holiday office party.”

Happy Holidays!

Geri Satin is the DCBA YLS President and a jury consultant at Focus Litigation Consulting, LLC, specializing in mock trials, focus groups, jury selection, witness preparation, and juror decision-making research. Ms. Satin can be reached at gsatin@focuslitigation.com or (305) 377-0786.

deposition considerations, common issues and problems encountered during

depositions, witness preparation, and techniques for using depositions at trial.

The CLE will be presented by Ervin

Gonzalez, a board certified specialist in civil trial law (personal injury and

wrongful death cases) and business litigation law by The Florida Bar and The National Board of Trial Advocacy. Mr. Gonzalez is a partner at Colson

“All trial attorneys know the importance of taking effective depositions, but do you have the skills and techniques necessary?”

Hicks Eidson in Coral Gables and has successfully tried over 32 cases to verdicts of at least one million dollars.

To register for this unique CLE opportunity, please visit:https://www.dadecountybar.org/event/9238/ The CLE is $35 for members and non-members. Space is extremely limited. For more information, please contact Gregory d’Incelli at gdincelli@wwhgd.com.

If you have a disability and may require accommodation to fully participate in this activity, please call Alice Ramirez to request an accommodation at (305) 371-2220 or e-mail her at aramirez@dadecountybar.org.

4 DCBA BULLETIN | DECEMBER 2014

General Membership Luncheon

Daniel Benavides, Judge John W. Thornton, Judge Paul Huck, Herman Russomanno, III, DCBA President, Harout Samra, Effie Silva, Prof. Marike Paulsson and Daniel E. Gonzalez

Matt Robinson, Wesley Robinson and Javier Gonzalez

Herman Russomanno, III, DCBA President, Jason Murray, DCBA President-Elect and Jordan Dresnick, DCBA Secretary

Chief Federal Judge Federico Moreno

Stephanie Carman, DCBA Treasurer and Jason Murray, President-Elect

Patrick Morris and Georgina Angones

Legends of Arbitration Panel

James Gilbride, Judge Norman Gerstein and Francis Carter

Olivia Benson and Gilbert Squires

Herman Russomanno, III, DCBA President and Herman Russomanno, DCBA Past-President

Elaine Bloom and Philip Bloom

Herman Russomanno, DCBA Past-President and Alan Dimond

Herman Russomanno, III, DCBA President and Karen Josefsberg-Ladis

Chief Federal Judge Federico Moreno and Herman Russomanno, II, DCBA President

Judge Israel Reyes and Judge Norman Gerstein

Gary Birnberg, Judge Jason Dimitris, Robert J. Becerra

Representative Kionne McGhee and Herman Russomanno, DCBA Past-President

Garrett Biondo, DCBA Past-President, Pedro Eraso and Javi Peral

Katherine Sanoja, Clarissa Rodriguez and Retired Judge Joseph Farina

Viviana Varela and Marisol Basulto

www.dadecountybar.org 5

Beware: New Family Law Status Quo Order Now in Effect

My husband closed all of my credit card accounts! My wife removed me from her health insurance! He emptied the bank accounts! She took the

kids out of the state to live with her parents! These are some of the many unilateral actions often taken by people involved in divorce or paternity disputes. Until now.

On August 6, 2014, Chief Judge Bertila Soto, of the Eleventh Judicial Circuit in Miami-Dade County, entered Circuit Court Administrative

Order 14-13, also known as the Status Quo Temporary Domestic Relations Order (“Status Quo Order”), in order to “promote the stability of families going through divorce or in paternity actions.” Often, clients engaged in divorce or paternity actions ask, “Can I stop paying some of the bills?” or “Can I take the children and leave?” or “Can I close the bank accounts and take all the money?” Beware! In Miami-Dade County, the court has spoken with a firm voice and the answer is a resounding “No!” – you must maintain the status quo, until you can either agree on the issue or bring the matter before the court.

The Administrative Order is a directive to individuals involved in divorces or paternity actions filed in Miami-Dade Circuit Court to maintain the status quo in virtually all aspects of their lives. It is to be served with the Petition and is binding on the petitioner when the action is filed and on the respondent when he or she is served. Providing notice of the Status Quo Order to the respondent is the responsibility of the petitioner. The Status Quo Order provides that children should not be relocated from their current residence; child support should be calculated and paid; shared parenting guidelines set forth in the Order should be adhered to; a required four-hour parenting class should be taken; assets and business records should not be disposed of; insurance policies in effect should not be cancelled, permitted to lapse, be modified or borrowed against; additional debt should not be incurred; and the parties should mediate prior to trial (unless there is a domestic violence injunction in place).

Parties are directed to refrain from physical, verbal or any other form of harassment of the other party through acts done in person, on the telephone, by email, text messaging, at their residence or at work. In other words, it is an all-encompassing Order to prevent unilateral actions by a party. And, it has teeth; the Order provides sanctions for non-compliance.

So what happens if either party wishes to modify the Status Quo Order? He or she must file a motion with the clerk’s office and set the motion on motion calendar for the court to schedule a hearing on the matter. An evidentiary hearing on a motion seeking enforcement or modification of the Status Quo Order is to receive priority on the court’s calendar. The Order terminates upon the entry of a final judgment.

The “status quo order” is beginning to catch on in family courts in Florida. Miami-Dade County is the eleventh circuit in the state to adopt some form of this order. A state-wide uniform temporary “status quo order” does not exist at the present time. According to Maria C. Gonzalez, Chair-Elect of the Family Law Section of the Florida Bar, in 2009, an ad hoc committee of Family Law Section members did extensive investigation with respect to implementing orders that would maintain the status quo, since circuits along the west coast of Florida had been adopting various standing orders in order to keep litigants under control with respect to children’s issues and other family law issues. The Family Law Section committee, however, disbanded after one year, and nothing further was done.

According to Judge Sandy Karlan, Administrative Judge of the Family Division in Miami, a renewed push for such an order began

several years ago, when she and the late Judge Maxine Cohen Lando wanted to implement an order that would maintain the status quo on a temporary basis in divorce and paternity matters. Around that time, Board Certified Family Law practitioner Maurice Jay Kutner was the President

of the First Family Law American Inns of Court in Miami. He had a case in another part of the state that had implemented an order similar to the Status Quo Order now adopted in Miami-Dade County. “I was so enthused,” Kutner said, “because I thought it [the other status quo order] covered areas that can avoid temporary or emergency hearings and covered issues that exist in many of our cases.” He discussed the matter with Judge Karlan. With a vote of the Miami Chapter of the First Family Law American Inns of Court to support such an order, a committee was formed and a proposed Status Quo Order was drafted.

Board Certified Family Lawyer Anthony P. Sabatino was one of the primary drafters of the proposed Status Quo Order. “I know that all of the time, energy,

and effort in drafting this order will provide a tremendous benefit in these cases, not only to the court (in terms of case management on the front end and resulting reduction in the number of emergency relief hearings), but to the lawyers in managing expectations of their clients from the outset, and to the parties by laying down the ‘rules of engagement,’ so as to minimize the potential adverse impact on the children who sometimes end up as the real casualties during the process of a dissolution of marriage or paternity proceeding. A lot of research was done to arrive at the specific language of the order now in place.” Natalie S. Lemos, a Board Certified Family Lawyer, collected standing status quo orders from other Florida circuits and the committee compared and used them as a springboard for the Miami-Dade County Administrative Order. Lemos states that the Status Quo Order helps lawyers “to make sure clients know what they can and cannot do instead of before which was ‘should and should not.’”

In Palm Beach County, the 15th Judicial Circuit does not have a status quo order. Board Certified Family Lawyer Doreen M. Yaffa, a Palm Beach County

practitioner, believes that “the Status Quo Order implemented by Miami-Dade County (or possibly a trimmed down version) is long overdue in our [Palm Beach] County. Such an order

educates the litigants as to what is expected of them during the litigation and hopefully would provide some relief both financially and as to issues that may arise with the children pending a hearing on temporary relief. It would also provide the authority for lawyers to require certain actions or inactions by their clients. I find myself in too many cases explaining to my clients that it’s much like the ‘Wild, Wild, West,’ until we can get before the court on a hearing for temporary relief. We all know how many hoops we have to jump through to get one of these hearings.”

There has been some discussion about possible due process issues, particularly in the area of paternity law, prior to the establishment of paternity, and in the area of property rights. The Status Quo Order is being revised with respect to the paternity issue. It is too new and not known by most practitioners to have been challenged on appeal. But, according to Kutner, the Status Quo Order is “consistent with the case law where the parties are required to maintain the status quo.”

Judge Karlan explained that the Order “sets the tone for the culture of our circuit.” She refers to In Re: Report of Fam. Ct. Steering Comm., 794 So. 2d 518 (Fla. 2001), wherein the Florida Supreme Court, adopting the Report of the Family Law Steering Committee and the Model Family Court, said, “The legal system should focus on the needs of children who are involved in the litigation, refer families to resources that will make their relationships stronger, coordinate their cases to provide consistent results, and strive to leave families in better condition than when they entered the system.” Time will tell. But, maintaining the status quo in family law cases, until the court can properly address certain issues, or until the parties can reach an agreement, may ease the stress of going through a divorce or a paternity action.

May L. Cain is a partner in the law firm of Cain & Snihur, L.L.P in Aventura, Florida, where she practices in the areas of family law, civil litigation, domestic violence, criminal law and appeals. She is a former Miami-Dade County Court Judge and is a Supreme Court of Florida Certified Family Law Mediator. Ms. Cain is an adjunct professor at Barry University where she teaches family law, civil litigation and alternative dispute resolution. She may be contacted at Cain & Snihur, L.L.P., Aventura Bayview, 17501 Biscayne Boulevard, Suite 310, Aventura, Florida 33160, telephone: 305-956-9000, email: mlc@cainsnihur.com.

BY MAY L. CAIN

Judge Sandy Karlan

Maurice Jay Kutner

Judge Bertila Soto

Anthony P. Sabatino

Doreen M. Yaffa

6 DCBA BULLETIN | DECEMBER 2014

BY HONORABLE MILTON HIRSCH On Dec. 17, 1862, General U.S. Grant entered General Order 11, as follows: “Jews as a class violating every regulation of trade

established by the Treasury Department and also department orders, are hereby expelled from the department [of Tennessee] within 24 hours from the receipt of this order.”

General William Sherman had earlier complained of “swarms of

The Constitutional CornerJews and speculators” flocking into Memphis and had falsely accused the Jews of buying up or stealing thousands of bales of cotton with the intention of selling them for huge profits in the North to the reopening textile mills. Confederate spies had conclusive proof that the army itself was involved in speculating in cotton; nonetheless, Grant issued his order. Jews in the North organized themselves to petition President Lincoln in support of their Southern brethren. A delegation of Jews led by Rabbi Wise and Caesar Kaskel visited Lincoln with affidavits from leading Republican and military authorities. The following

conversation took place in the White House:

Lincoln: And so the Children of Israel were driven from the happy land of Canaan.

Kaskel: Yes, and that is why we have come unto Father Abraham’s bosom to ask for protection.

Lincoln: And this protection they shall have at once.

President Lincoln rescinded an order of his most popular general in the middle of the war. General Halleck interpreted Lincoln’s intent in a letter to Grant: “The President has no objection to your expelling traitors and Jew peddlers, which I suppose was the object of your order;

but as it in terms proscribed an entire religious class, some of whom are fighting in our ranks, the President deemed it necessary to revoke it.”

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 2013, he was the recipient of the “Gerald Kogan Judicial Distinction Award,” the highest award given to a member of the judiciary by the Miami Chapter of the Florida Association of Criminal Defense Lawyers. 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.

Dade Legal Aid refers hundreds of pro bono cases to attorneys each month and often receives letters of thanks from clients who were beyond thrilled with their attorneys. In the area of family law, it is often difficult and challenging to locate an attorney to agree to accept a case, especially one on which other lawyers have already worked but did not complete once the client’s funds ran out. In the case related below, the client was elated with her pro bono attorney, so we wanted to share both the client and attorneys’ perspectives with you.

Dade Legal Aid received the following thank you note from a very grateful client a few weeks ago:

I wanted to take a few minutes and express my deep gratitude for the assistance of Legal Aid and the Put Something Back Program. My family case has been an ugly, never ending nightmare where I routinely felt victimized. Your service and referral of Mr. William Pavlov, an outstanding pro bono attorney and exemplary human being, ended that victimization. Mr. Pavlov successfully closed out the matter of relocation for my case, an issue multiple attorneys said could not be done. Additionally, he met with me multiple times and listened intently, to every word I said. He also clearly read the case file to be informed. He was responsive, professional, and had exceptional follow-through. Mr. Pavlov is the standard of what the profession should be.

Our lives are dramatically impacted because of your service. May God bless you and your work.

Eternally grateful,RT

When we forwarded her letter to Mr. Pavlov to let him know just how much she appreciated his efforts, he followed up with this response:

When I first met with RT in my office, the first thing I noticed about her was her deep brown, alert eyes, intelligent face, and an aura of sadness. I invited her to tell me about her case, in her own words, as objectively as she could. For the next 45 minutes, I listened to her story, taking notes, and hardly interrupting her, with a question here and there. It soon became clear to me that RT was a highly intelligent lady, who related the facts of her case with clarity and exactitude. I did not know how she got here or at what point in her life things became so bleek, but I was determined to help this mother in need.

The case involved my client, RT, and her former partner EW. Though never married, they had been living together as a family unit for a number of years

and had two daughters, one of whom had already matured. Not everything ran smoothly and they finally reached the point of discontent. In 2001, a family court judgment gave custody of the two girls to RT and awarded her child support based on the Florida guidelines. A disparity in their respective incomes was clearly evident. As a police officer, EW (Dad) was earning about $90,000.00 plus a year, gross, while RT’s (Mom) annual income was about $15-16,000.00, derived from teaching or part time consulting. The court judgment also allowed RT to relocate with her two girls to another state. The parenting plan made adequate provisions for time sharing and visitation with both parties sharing the traveling expenses. As it turned out, RT could not find a job in another state and did not relocate soon enough after the court judgment in June of 2011. Regrettably, there was a history of discord, disagreements, and poor communications between the parties in the ensuing period.

In March of 2013, Dad filed a petition for modification of the parental plan/time sharing and child support. Dad also asked the court to disallow RT to relocate to another state. At that time the older daughter had matured and was living with Dad. Analysis of the petition for modification showed that Dad was requesting an excessive amount of time for time sharing and holidays in order to reduce his child support obligations to the younger child. Dad also moved to vacate the final judgment.

Dad had a private attorney and RT was also represented by private counsel at first. There were hearings before the General Magistrate, reports and objections filed, however, apart from referral to the Family Court Services, there was no final resolution of the issues. Because of these proceedings, RT was unfortunately barred from moving out of the state of Florida. RT also found herself in a situation where she could no longer continue to pay her private attorney. She called Legal Aid for help.

After reviewing the entire record and conferring several times with RT, I narrowed the issues down to dismissing Dad’s petition for modification and the affirmation/reinstatement of the June 2011 court judgment. Naturally, we had to wait for a court date, but it was worth it because at the conclusion of the hearing, the court let the former judgment stand and granted RT the relief for which we asked and the permission to travel to another state and get a fresh start. A final order was entered in her favor. Needless to say, she was elated and I was very happy to have helped her on a pro bono basis.

There was no celebration and none was expected, however, I got a genuine hug and a heartfelt “Thank you Mr. Pavlov” from my client outside the court room. I said to her “You see RT, your being happy and able to get on with your life is worth more to me than any legal fees, for money cannot not buy health or happiness.”

That really made my day. I went back to my office flying. I was very, very happy to have helped a good, well-educated and intelligent Mom, who was down on her luck, to chin up and get on with her life. I went to law school because I enjoyed intellectual challenge and wanted to serve. As a law student, I thought, perhaps quixotically, that someday I might contribute to make a difference and help people with their problems. As a lawyer, I still firmly believe in fairness and justice.

Thank you for your interest in RT’s case.

It is attorneys like Mr. William M. Pavlov who go that extra mile, especially for their pro bono cases, that make us proud to call ourselves lawyers.

www.dadecountybar.org 7

Business And Personal Development Success Starts With A Strategic Plan

you the expert. What will you commit to? How many articles? Are you going to start a blog? Is this the year you write that book you’ve been thinking about for years?

2. Make speeches and give seminars to industry organizations, bar associations, or business associations. Find the organization that you can speak to on several topics. The more times you can appear in front of the same audience the stronger your influence. Find your target market.

3. What could you give your prospect that could speak for you in your absence? A folder with your business card, a firm brochure or industry results, and an article or two? Yes, you can tell this potential client to visit your website. However, you are no longer in control, they may or may not go to your website. When you hand them a well thought out, impressive package it increases your credibility. YOU are in control of delivering your message in a powerful, personal way.

Increase Visibility You can’t have a practice without visibility. It can be rocket fuel when attacked from several directions. For Instance:

1. Can your potential clients find out about you through the Internet? In this day and age it is imperative that you have an Internet presence. They must be able to find more than directories with your office location and phone number or your website with basic information. It must be information of substance that sets you apart from other lawyers.

2. Every lawyer should have a LinkedIn profile. It’s the social media site that is professional, easy to do, and respected. If your practice deals with the business world, LinkedIn is a must.

BY PAULA BLACK

Are you developing your career and practice solely by optimism and serendipity? Be honest. If that is how you have

done it in the past, declare that 2015 is the year it will change! But, change to what? That is the question. In order for your career to be driven by more than optimism and serendipity, you must think about where you want to go and how to get there. Develop a strategic plan.

Your plan can be a single page, 10 pages, an entire binder full or simply some notes on a napkin. It’s not about the form; it’s about the content. Write it down, no matter what form it takes. Putting it on paper solidifies your commitment to the plan. AND… Sharing it with others makes you accountable and ensures success.

Start With The Big Picture In Mind Decide what your destination looks like. How much revenue do you want or how many new clients do you want? What practice areas do you want to grow or do you want to start a new industry focus? Do you want your personal life to be more in harmony with your work life? Do you want to be promoted or find a firm that is a better fit for your skills and the way you want to practice? And most importantly, define what success will look like.

Now figure out what you need to do to get there and by when. Your plan will consist of goals, revenue projections, dreams and educated guesses. Here are a few ideas to consider, as you figure out what your roadmap will look like.

Build Relationships The world has changed. The Internet has opened up vast amounts of information and new

opportunities to reach people. But, what has not changed is the human desire for relatedness. We still want to work with people we know, like, and trust. Leverage every possible relationship and continually build new ones. Here are a couple of things to consider:

1. Work your referrals. How long has it been since you really worked your referrals? Make a list of all your referral sources. Code them A, B or C. The A’s are the most productive; they have sent you several leads. The B’s are the ones

you have received a few referrals from, but not as many as you should. The C’s are the ones that have potential if you spent some time cultivating the relationship. Set a goal to work these lists on a regular schedule. How many calls will you make a week? How many events will you attend where you could run into them? Who do you know that could possibly put in a few good words for you?

2. If your goal is to have your work and personal life work in harmony, think about the personal relationships you want to nourish and how to prioritize your time.

Increase CredibilityYou may have a great reputation within your circle of influence, but that will take you only so far. If you want to grow your practice, you need to move beyond your circle. Here are a few strategies to consider:

1. Write articles, blogs and books. There is no better way to demonstrate your expertise than in the content you write. It makes

3. Facebook has enormous traffic; if your practice focuses on consumers, create a strong Facebook page that means business.

4. Do your referral sources see you regularly at bar or industry events? Do you stay in touch with your friends, colleagues, and classmates? Set your goals. Select the organization and commit to going to one event per month or making one phone call a day to a friend, colleague, or classmate. What will you commit to?

5. Make an objective review of your website. Does it convey the quality of the legal services you deliver? Is the message clear and concise? Is it easy to navigate? Does it look like a 2015 site or a 1999 site? It doesn’t need to be state-of-the-art, but it does need to reflect who you are today.

These are a few ideas to consider in creating your strategic plan. I’m sure your unique situation will reveal even more. Figure out what actions are necessary for your growth, set your goals with milestones and completion dates. Commit to making them happen. Next, find a co-conspirator, mentor, or coach that will hold you accountable. Then, keep your plan alive by doing something every single day and talking about it often.

If you would like help creating your plan, join my DCBA Workshop on January 7th: Create Your 2015 Strategic Plan, you will leave the session with the framework of your plan DONE. Make 2015 the year you accomplish your hopes, dreams and goals!

Paula Black is a legal business development and branding expert, author, consultant and coach. She has advised individual lawyers and law firms around the globe on everything from powerful and innovative design to marketing and business development strategy and implementation. 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.” For more information visit: www.inblackandwhiteblog.com or www.paulablack.com.

“And most importantly, define what success will look like.”

8 DCBA BULLETIN | DECEMBER 2014

For more information visit www.dadecountybar.org

MARK YOUR CALENDAR

PRSRT STDU.S.POSTAGE

PAIDSOUTH FLORIDA,

FLPERMIT NO. 1110

Dade County Bar Association 123 N.W. First Avenue Miami, Florida 33128

DCBA OPPORTUNITIES

4500 MembersOpportunities to Get Involved

33 Committees Opportunities to Serve the Profession

100 CLE ProgramsOpportunities to Increase Your Knowledge

More Than 250 Events a YearOpportunities to Increase Your Referral Network

DECEMBER 4Law & Technology Webinar

Location: On-Line

Time: 12:00 noon

Admission: $25

DECEMBER 10Legal Aid Bankruptcy Seminar

Location: Lawson Thomas

Courthouse

Time: 8:30 am

Admission: TBA

DECEMBER 11Probate & Guardianship

Seminar/Meeting

Location: Lawson Thomas

Courthouse

Time: 12:00 noon

Member Admission: $10

Non-Member Admission: $20

DECEMBER 11Family Court Committee Meeting

Location: Dade County Bar

Association

Time: 12:30 pm

DECEMBER 16Law & Technology Webinar

Location: On-Line

Time: 12:00 noon

Admission: $25

JANUARY 7Create Your 2015 Strategic Plan

Workshop with Paula Black

Location: Dade County Bar

Association

Time: 8:30 am

Member Admission: $195

Non-Member Admission: $295

JANUARY 8Family Court Committee Meeting

Location: Dade County Bar

Association

Time: 12:30 pm

JANUARY 13Real Property Committee Seminar

Location: Lawson Thomas

Courthouse

Time: 12:00 noon

Admission: TBA

JANUARY 15YLS Lunch with the Judges

Location: Hyatt Downtown

Time: 12:00 noon

Admission: $35

**This is a Members-Only Event

JANUARY 22Depositions 101 CLE with Ervin

Gonzalez

Location: Lawson Thomas

Courthouse

Time: 12:00 noon

Admission: $35

JANUARY 23Legal Aid & Probate &

Guardianship Seminar

Location: Lawson Thomas

Courthouse

Time: 8:30 am

Admission: TBA

JANUARY 29Criminal Courts Judicial

Happy Hour

Location: Pride & Joy

Time: 5:30 pm

JANUARY 31YLS Social Committee’s

Valentines Day Pubcrawl

Location: Brickell

Time: TBA

Admission:TBA

FEBRUARY 12Probate & Guardianship

Seminar/Meeting

Location: Lawson Thomas

Courthouse

Time: 12:00 noon

Member Admission: $10

Non-Member Admission: $20

FEBRUARY 12Family Court Committee Meeting

Location: Dade County Bar

Association

Time: 12:30 pm

FEBRUARY 17Real Property Seminar

Location: Lawson Thomas

Courthouse

Time: 12:00 noon

Admission: TBA

FEBRUARY 20Bench & Bar Conference

Location: Hyatt Downtown

Time: 8:00 am

Member Admission: $99

Non-Member Admission: $145

FEBRUARY 28Florida Registered Paralegal ½ Day

Seminar

Location: Elks Lodge

Time: 8:00 am

Admission: TBA