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“A Century of Service to Miami-Dade County” Programs and Services That Help You GROW Your Practice, GAIN Experience & GIVE Back BULLETIN JANUARY 2017 Jeffrey Rynor PRESIDENT’S MESSAGE IN THIS ISSUE: Federal Bench & Bar Page 2 Serving our Community – Through the DCBA YLS Schools Committee Over the Rainbow Page 3 Using Fitness to Become a Better Attorney and a Better Version of You Page 4 The Pursuit of Prevailing Party Attorneys’ Fees The Constitutional Corner Page 5 Dade Legal Aid Page 6 & Page7 THE DADE COUNTY BAR ASSOCIATION “Congratulations to Former Chief Judge Frank A. Shepherd on a job well done. ” I t was a great honor to attend the Retirement Ceremony for Former Chief Judge Frank A. Shepherd on Tuesday, December 13, 2016. The ceremony was inspirational and a joy to listen to. Listening to the remarks of Paul Morris, the Honorable Spencer D. Levine, the Honorable Edwin A. Scales, III, and the Honorable Richard J. Suarez was better than reading a great book. Judge Scales could be a successful stand up comedian. Judge Levine and Chief Judge Richard Suarez provided a personal account of Judge Shepherd that touched everyone’s hearts, and Paul Morris spoke about Judge Shepherd’s participation in the creation of the Third DCA Historical Society. Although there were numerous wonderful stories about Judge Shepherd, the one I found most compelling was his commitment to a friend who was suffering from a terminal illness. Judge Shepard would go to her home, and when she was no longer able to read the newspaper, he would read it to her and discuss the events of the day. I have always been proud to be a lawyer because of people like Abraham Lincoln, Thomas Jefferson, Justice Thurgood Marshall and Justice Sandra Day O’Connor. But in Miami-Dade County, our legal community has been blessed with nationally recognized lawyers and judges who are equally committed to their community, family, and friends. When I participate in a function like Judge Shepherd’s retirement ceremony and I look at the quality of the judges and lawyers attending, it makes me feel good to be a part of such a remarkable profession. Congratulations to Former Chief Judge Frank A. Shepherd on a job well done. Jeffr Rynor

Programs and Services That Help You GROW Your Practice, …€¦ · Honorable Richard J. Suarez was better than reading a great book. Judge Scales could be a successful stand up comedian

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“A Century of Service to Miami-Dade County”

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

BULLETIN

JANUARY 2017

Jeffrey Rynor

PRESIDENT’S MESSAGE

IN THIS ISSUE:

Federal Bench & BarPage 2

Serving our Community – Through the DCBA YLS Schools Committee

Over the RainbowPage 3

Using Fitness to Become a Better Attorney and a Better Version of YouPage 4

The Pursuit of Prevailing Party Attorneys’ Fees

The Constitutional CornerPage 5

Dade Legal AidPage 6 & Page7

TH

E

DA

DE

C

OU

NT

Y

BA

R

AS

SO

CIA

TIO

N

“Congratulations

to Former Chief

Judge Frank A.

Shepherd on a

job well done. ”

It was a great honor to attend the Retirement Ceremony for Former Chief Judge Frank A. Shepherd on Tuesday, December 13, 2016. The ceremony was inspirational and a joy to listen to. Listening to the remarks of Paul Morris, the Honorable Spencer D. Levine, the Honorable Edwin A. Scales, III, and the Honorable Richard J. Suarez was better than reading a great book. Judge Scales could be a successful stand up comedian.

Judge Levine and Chief Judge Richard Suarez provided a personal account

of Judge Shepherd that touched everyone’s hearts, and Paul Morris spoke

about Judge Shepherd’s participation in the creation of the Third DCA

Historical Society.

Although there were numerous wonderful stories about Judge Shepherd,

the one I found most compelling was his commitment to a friend who was

suffering from a terminal illness. Judge Shepard would go to her home, and

when she was no longer able to read the newspaper, he would read it to her

and discuss the events of the day.

I have always been proud to be a lawyer because of people like Abraham

Lincoln, Thomas Jefferson, Justice Thurgood Marshall and Justice Sandra

Day O’Connor. But in Miami-Dade County, our legal community has been

blessed with nationally recognized lawyers and judges who are equally

committed to their community, family, and friends. When I participate in

a function like Judge Shepherd’s retirement ceremony and I look at the

quality of the judges and lawyers attending, it makes me feel good to be

a part of such a remarkable profession. Congratulations to Former Chief

Judge Frank A. Shepherd on a job well done.

Jeffrey Rynor

2 DCBA BULLETIN | JANUARY 2017

DADE COUNTY BAR ASSOCIATIONBoard of Directors 2016-2017

OFFICERSJEFFREY A. RYNOR, President*

JORDAN A. DRESNICK, President-Elect*STEPHANIE L. CARMAN, Vice President*

GILBERT K. SQUIRES, Secretary* JANE MUIR, Treasurer*

ALICE RAMIREZ, Interim Executive DirectorJOHNNIE M. RIDGELY, Executive Director

(1965-2006)

GROUP ONEDANIEL F. BENAVIDESRASHAD M. COLLINS

FRANCESCA CORALLOANTONIO ROMANO

LATOYA BROWNNICOLE HANRAHAN

GROUP TWOJACQUELINE C. LEDONHAROUT JACK SAMRA

GERI SATINYOLANDA P. STRADER

ERIC HOCKMANSTELLA CHU

GROUP THREEVIVIANA P. VARELA

SUZETTE L. RUSSOMANNOADILIA QUINTANA-HEDGES

DOLLY HERNANDEZSABRINA PUGLISI

PATRICK MONTOYA

GROUP FOURDAVID BONHAM

JERRY D. HAMILTONJOHN P. MURRAY

LAURA K. WENDELLTHOMAS SANTOROBRADLEY TRUSHIN

GROUP FIVELEONARD ELIAS

ANTONIO MARTINEZRICHARD C. MILSTEIN

FLORA SEFFRICHARD LESLIEBRIAN SPECTOR

STEVEN P. BEFERA, ABA Delegate 2016-2017

DADE COUNTY BAR ASSOCIATIONYOUNG LAYWERS SECTION

BOARD OF DIRECTORS 2015-2016

OFFICERSStuart J. Weissman, PresidentEric Bluestein, President-Elect

Evian L. White, SecretaryIsabella Poschl, Treasurer

2015-2017 DIRECTORSKristen Corpion

Gregory S. d’IncelliRachel Mitchell Fagenson

Jenna FischmanZakarij Laux

Michael T. DavisEric Tinstman

2016-2017 DIRECTORSDavid De La Flor

Lauren DoyleZachariah R.F. Evangelista

Stephanie GrosmanMichael Levine

Scott MerlJames M. Slater

BULLETIN COMMITTEECaitlin Trowbridge, Co-ChairMihai Vrasmasu, Co-Chair123 NW First Avenue #214

Miami, Florida 33128305-371-2220

EX – OFFICIOSookie Williams

Federal Bench & Bar

Fransisco Agones, Hon. Fredrico Moreno

Jeffrey Rynor, Stanley H. Wakshlad, Tod Aronovitz, Hon. Chris McAliley, Hon. Robert Mark

Edward Blumberg

Katie Joyce, Anna Vino. Shayna Finkelstein, Cassandra Milnes

Herman Russamanno, Jeffrey Rynor, Edith Osman

Philip J. Shechter, Stanley H. Wakshlad, Hon. Robert Mark, Hon. Chris McAliley, Steve Davis, Judd Rosen

Steven Zack, Tod Aronovitz Hon. Bob Mack Troy Talentino, Jason Alderman, Steve Davis, Paul Nettleton, Jim Silver

W. Barry Blum, David Lichter, Michael Higer

Hon. James Cohn

Steve Davis

Hon. John O’Sullivan

Hon. Ursula Mancusi Ungaro, Hon. Norman Gerstein, Edith Osman

Hon. Paul Huck, Hon. Beth Bloom, Edward Blumberg

Judge Beth Bloom

Herman Russamanno, Deborah Baker-Agossi

Michael Caruso, Edith Osman, Frank Agones, Jordan Dresnick, Hon. Patricia Seitz

Hon. Alicia Valle, Hon. Robin Rosenberg

Philip Parrish, Jack Hickey, Douglas Broeker

Hon. Fredrico Moreno, Hon. Ursula Mancusi Ungaro

Stan Wakshlag, Judge Chris M. McAliley, Ron Ravikoff, Christina Ceballos-Levy, David Lichter

Hon. James Cohn, Hon. Alicia Valle, Hon. Robin Rosenberg, Hon. Darrin P. Gayles

On November 18, 2016, attendees at the Federal Bench and Bar Conference learned directly from the members of the federal bench about best practices in the following topic areas: Winning with Experts, Building and Crafting Trial Themes, Skillful Cross-Examination Techniques & Related Appellate Issues, Powerhouse Opening & Closing Arguments, and the Art and Science of Jury Selection. The Conference concluded with an open and honest conversation with members of the federal bench and bar. Interactive, multi-media demonstrations served as examples to highlight successful strategies at this well-attended event.

www.dadecountybar.org 3

Serving our Community – Through the DCBA YLS Schools CommitteeBY STUART J. WEISSMAN

Perhaps I sound redundant. Those of you who have read these monthly reports (or who have participated

in some of our incredible DCBA YLS programming to date) know by now that my year as President of the Dade County Bar Association Young Lawyers Section is about a commitment to our community – our DCBA membership community and our Miami-Dade community.

To date, we have had some incredible events. The DCBA YLS hosted a volunteer day at Animal Services of Miami-Dade County;

conducted a Small Claims Clinic where we helped over twenty people with legal cases; organized a Wills Clinic where twenty-four attendees left with executed wills; held our first of many visits at Coral Way K-8 Center to assist 7th graders put on a mock trial at the end of the year; hosted a number of social events, judicial luncheons, and more.

The future is bright as well. The DCBA YLS annual signature fundraising event, “Miami Nights – A Commitment to our Community” (the event formerly known as Bids for Kids) is right around the corner. We would love your support and your attendance at this incredible event. A night filled with a live band, open bar, great food, silent auction, cigar roller, a photo booth, and more. The

funds we make will help support our annual efforts giving back to our membership community and Miami-Dade community. We hope to see you there!

As we continue to look to the future, I want to share some great news about the DCBA YLS Schools Committee. This past year, the DCBA YLS was fortunate enough to earn a Florida Bar Affiliate Outreach Grant for a proposal we submitted. Eager to continue with our efforts with the Miami-Dade public school system, we decided we wanted to pursue a Legal Essay Contest. The concept is to have an essay contest with creative and thought-provoking legal topics and prompts to challenge high school students. The Essay Contest should soon be off and running.

The Essay Contest Prompt and Rules will likely be distributed to Miami-Dade County Public Schools Law Academies and Law Magnet Programs, grades 9-12. Students will be required to submit their essays and ultimately winners will be announced. While we are

unsure of the amount of entrants (as this is our first year hosting such a competition), we are hopeful we will get tremendous interest. The DCBA YLS will provide cash prize scholarships to three winners. We hope this contest is a phenomenal success, and are optimistic that this is only the beginning of an annual essay contest tradition.

If you are interested in supporting our Schools Committee in any way, whether it is assisting with the mock trial program at Coral Way K-8 center or helping us grade the Miami-Dade public high school legal essay contest submissions, please do not hesitate to contact me. And, a tremendous thank you to our entire Schools Committee Chairs: Lauren Doyle, Scott Merl, James Slater, Eric Tinstman, and Evian White

Stuart J. Weissman focuses his practice on medical malpractice, products liability, and commercial litigation matters by representing those individuals who have been catastrophically harmed and injured as well as the families of those who have lost a loved one. Mr. Weissman can be reached at [email protected].

Over the Rainbow

Edith Osman, Judge Stan Blake

Richard Milstein, Judge Marisa Tinkler-Mendez

Hon. Robert Luck, Hon. Ellen Leesfeld, Hon. Stan Blake

Brianna Martinez, Alexis Fernadez, Nataline Garcia, Patricia Pena

Jack Hickey, Hon. Jennifer Bailey, Jeffrey Rynor

Edward Blumberg, Hon. Maria Espinosa Dennis, Jack Hickey

Deborah Baker Egossi, Hon. Diane Vizcano, Keri Casto Lopez, Hon. Martin Zelbert

Hon. Norman Gerstein, Hon. Sandy Karlan, Hon. Ellen Leesfeld

Gonzalo Dorta , Jill & Hon. Peter Echarte

GT Smith, Craig V. Rasile, Marilyn Holifield, Marty Steinberg, Jeffrey Rynor

Hon. Vance Salter, Hon. Ron Dresnick, Zachary James, Megan Cyrus, Deborah Baker Agozzi, Jeffrey Rynor

Jim Gale, MacKenzie Duane, Judge Adalberto Jordan, Adolfo Jimenez, Jeffrey Rynor

Gina Beovides, Hon. Linda Singer Stein, Hon. Miriam Lehr, Edith OsmanMiranda Lundeen Soto, Judge Gerald Bagley, Robert Zarco, Jeffrey Rynor

On December 7, 2016, the Dade County Bar Association and Dade Legal Aid held the third annual Over the Rainbow celebration to honor seven deserving judges and lawyers for their service to the less fortunate in our legal and broader communities. The 2016 Over the Rainbow award recipients included the Honorable Adalberto Jordan, the Honorable R. Fred Lewis, Ellen C. Freiden, the Honorable Vance Salter, the Honorable Jerald Bagley, the Honorable Jorge E. Cueto, Marilyn J. Holifield, and the Honorable Judge Stanford Blake. It was a special event through which the legal community came together to recognize the leaders in our profession, who also make a positive difference in our community.

4 DCBA BULLETIN | JANUARY 2017

Using Fitness to Become a Better Attorney and a Better Version of YouBY MICHELLE K. SUAREZ

Being a former personal trainer, and an avid fitness enthusiast since the age of 18 (I am now 33), fitness has always been

an essential component of my life. Naturally, when I was studying for the bar exam almost four years ago, I found myself getting overwhelmed, feeling behind, and thinking I absolutely did not have time to work out. Thank God I met Judge Robert Diaz. He reminded me that I couldn’t just go from being someone who exercised 5-6x a week to not exercising at all, and that the reason I was really stressed was because my body needed its normalcy of exercise in order to relieve stress. He was right, and I passed, and with a pretty decent score too.

Then, a few years ago, when I first started practicing, I came across an attorney who practically laughed in my face when I told him that I was making the move to “Big Law,” and still planned on maintaining

my fitness lifestyle despite what I’d heard about ‘billable hours’ and the demands of the job. We’ll call him “Ollie.” I’ll never forget it because I met him as he and I were invited by the very same bar coach, Judge Diaz, to speak to a group of students who were about to start studying for the bar exam, on tools they could use to help ease stress and pass the bar.

I walked into the meeting with about nine law students and four lawyers, including myself. I was dressed professionally and was carrying my gallon of water, like I always do. As the meeting progressed, it came up in conversation that I had just made the switch from a small law firm to Big Law. It was then that Ollie pretty much laughed at me and told me that I would soon find out

that balancing exercise and life as an attorney would be impossible. Lucky for me, I’m the sort of person who loves nothing more than to prove people wrong. So I decided right then and there, that no matter what my work load would be at my new job, I would not sacrifice my fitness.

Fast forward to the present. I’ve been working at Big Law for almost three years, and have made some pretty big professional leaps. I’ve been awarded a fellowship with the Business Law Section, am on the NSU Law Alumni Board, am an active member and article contributor for the Broward Bar Association, regularly Mentor young law students, am on the Member Benefits Committee of the Florida Bar, and have been published several times. I have developed a practice area dedicated to businesses transactions and commercial

litigation, have spoken at CLE’s on business start-ups and health and wellness, and will soon be presenting on Medical Marijuana in Florida. I am still in a healthy relationship with my partner and regularly spend time with my friends, family and my two dogs, Boo and Archer. Now ask me: have I been able to do all this and maintain my health and fitness lifestyle? YES. I have. In fact, I just

entered my first obstacle course race for March of 2017, and plan on competing in Fitness Competitions again come October 2017. My point is: when you really want something, you find a way to make it work. And as an attorney, I promise you, there is absolutely a way to fit health and fitness in your hectic schedule. In fact, exercise and wellness is essential not just to survive, but to thrive, in this profession.

So, how do I do it? I plan. I prepare. And I refuse to let anything come between my fitness and health. Even work. Sometimes that means getting up at 4:45am to get to the gym before that 9am hearing, or sometimes that means, yes, working out at 8pm after you get out of work. It also means preparing meals ahead of time on Sunday and Wednesday nights, saying ‘no’ to alcohol at networking events and ordering unsweet tea instead, and yes-carrying my gallon of water to everything but a hearing (yes, I even take it to depositions). You see, as attorneys, what we fail to realize is that all the qualities that are required to be a health and fitness guru, are the same qualities that are required of us as attorneys. You must calculate, plan ahead, prepare, have a contingency plan, and be absolutely unwavering in your commitment to your ultimate goal. If you can learn to channel the same skills you use in practice to your health and fitness lifestyle, the sky is the limit. You will end up happier, less stressed, more efficient with your time (believe it or not), and become an improved version of yourself as a result.

And so, my message to all of you practicing attorneys as we enter the New Year is to use that same resiliency, dedication, and determination that you use in practice, and take a risk: apply it to your lifestyle. Make your health a priority this year. And use whatever it takes to motivate you to do that; whether it’s the ‘Ollies’ of the world who tell you can’t, or an old picture of what you want to look and feel like again, or the goal of improving health so that you can be around for a long time to enjoy your spouse, friends, children, or grandchildren. But find a way. Because thanks to Ollie, I now know, there is absolutely no excuse! And it can be done. So stop using our profession as an excuse, and go change your life now.

Michelle K. Suarez is a business attorney in Kelley Kronenberg, P.A.’s Fort Lauderdale office and a former fitness competitor. Ms. Suarez can be reached at (954) 370-9970.

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“If you can learn to channel the same skills you use in practice to your health and fitness lifestyle, the sky is the limit.”

www.dadecountybar.org 5

The Pursuit of Prevailing Party Attorneys’ FeesYou’ve successfully defended your client in a mortgage foreclosure action and obtained summary judgment.

Congratulations! When you deliver the news, your client asks whether attorneys’ fees can be recovered against the losing side. Without a Proposal for Settlement as a basis for entitlement to fees, you then review the mortgage and realize the attorneys’ fees provision is one-sided and only awards fees to the bank. Now what?

1. One-Sided Fee-Shifting Provisions In A Contract Are Mutual Florida Statute section 57.105(7) provides that “if a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract.” For all mortgages executed after October 1, 1988, section 57.105(7) “provides the other party to the mortgage – i.e. the mortgagor – a substantive right to the recovery of its fees in any action where, by virtue of the fee provision in the mortgage, the mortgagee would be entitled to fees.” See Florida Community Bank, N.A. v. Red Road Residential, LLC, 2016 WL 3176813 (Fla. 3d DCA June 8, 2016) (emphasis added). “In other words, notwithstanding that the contractual fee provision

is one-sided, entitling only one of the contract’s parties to prevailing party fees, by operation of law section 57.105(7) bestows on the other party to the contract the same entitlement to prevailing party fees.” Id. (emphasis added). See also Holiday Square Owners Assoc., Inc. v. Tsetnenis, 820 So. 2d 450 (Fla. 5th DCA 2002) (emphasis added) (stating that section 57.105(7) “makes a unilateral contract clause for prevailing party attorney’s fees bilateral in effect” and that the “award is mandatory, once the lower court determined a party has prevailed.”); Ajax Paving Indus., Inc. v. Hardaway Co., 824 So. 2d 1026 (Fla. 2d DCA 2002) (“Section 57.105(5) [predecessor to 57.105(7)], however, mandates that contractual fee provisions must impose reciprocal obligations and benefits on all parties to a given contract.”). The policy behind the legislature’s enactment of the reciprocity mandate of section 57.105(7) was to “provide mutuality of attorney’s fees as a remedy in contract cases” as the “statute [was] designed to even the playing field….” Florida Hurricane Protection & Awning, Inc. v. Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010) (stating “[t]he statute renders ‘bilateral a unilateral contractual clause for prevailing party attorney’s fees.’”).

2. What About the 57.105 Safe Harbor Letter? Realizing that your client’s entitlement to attorneys’ fees hinges on section 57.105(7), you then wonder whether you were required to send your opponent a 21-day safe-harbor letter. Such a letter is mandatory for attorneys’ fees claimed pursuant to section 57.105(1) and (2). Section 57.105,

however, does not require a safe-harbor letter for fee shifting under subsection seven and the case law mandates that a party to a unilateral attorney’s fee provision be awarded attorney’s fees as long as (1) it is the prevailing party and (2) it affirmatively seeks attorney’s fees in the pleading. See Vivot v. Bank of America, N.A., 115 So. 3d 428 (Fla. 2d DCA 2013) (finding that the mortgagor, as a prevailing party to a foreclosure action, was entitled to claim attorney’s fees under the note and mortgage pursuant to section 57.105(7) as long as he gave notice of his claim for fees in his answer and he timely filed his motion for attorney’s fees); Mihaly v. LaSalle Bank, N.A., 162 So. 3d 113, 115, n.1 (Fla. 4th DCA 2014) (finding that although the defendant did not refer to section 57.105(7) in her answer and affirmative defenses, she put the bank on notice that she was seeking fees pursuant to the contract and thus by implication, the bank was on notice that section 57.105(7) applied). This then leads you to your next question: did you claim entitlement to attorneys’ fees under the contract in your Answer and Affirmative Defenses?

3. Pleading Attorneys’ Fees Entitlement to attorneys’ fees as the prevailing party to a contractual dispute is not automatic. A defendant who seeks to recover attorney’s fees under the contractual reciprocity provision of section 57.105(7) must have first pled a specific claim for attorney’s fees pursuant to the contract, or in the case of a foreclosure action the mortgage, in the Answer and Affirmative Defenses. See Stockman v. Downs, 573 So. 2d 835, 837 (Fla. 1991) (holding that “a claim for attorney’s fees, whether

BY GENNY CASTELLANOSbased on statute or contract, must be pled” because there is a fundamental concern of notice to prevent unfair surprise). If a party raises the issue of entitlement to attorney’s fees only after judgment, it deprives the opposing party of the right to evaluate whether to pursue a claim, dismiss it or settle it in light of the potential liability for the opponent’s attorney’s fees. Id. Failure to plead a claim for attorney’s fees constitutes a waiver of the claim. Id. This holds true regardless of whether the opposing party is seeking attorney’s fees under the exact same contractual provision, such as a bank asserting attorney’s fees under the mortgage. Id. at 838. See BMR Funding, LLC v. DDR Corp., 67 So. 3d 1137 (Fla. 2d DCA 2011) (finding that a Notice of Intent to claim attorney’s fees was not a pleading and could not, therefore, serve as a basis to seek attorney’s fees, thereby waiving entitlement to seek fees).

4. Conclusion As long as your Answer demands attorneys’ fees pursuant to the contract, or in the case of a foreclosure, the mortgage, you should have strong grounds to pursue an award as the prevailing party, regardless of whether the contractual fee provision is one-sided.

Genny Castellanos is a litigation and appellate attorney and the founder of De Novo Review, LLC. De Novo Review provides law firms with an experienced associate to assists with complex cases, case strategy, discovery, trial preparation and appellate support. Areas of law include commercial litigation (state and federal), employment law, and family law matters. Ms. Castellanos can be reached at [email protected] or (786) 251-5814.

BY HONORABLE MILTON HIRSCH As late as 1841, the State of Rhode Island was without a constitution and was still governing itself under the royal

charter granted in 1663. The charter provided for very limited suffrage and had no procedure for amendment. In that year, the people of Rhode Island called a constitutional convention, adopted a new constitution, held elections under it, and elected Thomas Wilson Dorr as governor.

The existing charter government responded by declaring martial

The Constitutional Cornerlaw and appealing to the federal government for support. President Tyler signaled his willingness to use military force, if necessary, to support the charter government. Faced with this federal opposition, “Dorr’s Rebellion” collapsed.

The legal consequences of the rebellion were settled – sort of – by the Supreme Court on January 3, 1849 in Luther v. Borden, 48 U.S. 1 (1849). The case involved a claim of illegal search and seizure visited upon a Dorr supporter by forces of the charter government. The government claimed that it was acting within its authority. Plaintiff

claimed that the very existence of the charter government violated Art. IV Sec. 4 of the United States Constitution, pursuant to which the federal government guarantees to each state a “republican form of government.”

The Supreme Court employed for the first time the “political question” doctrine, pursuant to which the judicial branch will not adjudicate issues that are inherently political in nature and thus properly consigned to the political branches for resolution. Whether Rhode Island’s existing government met the definition of a “republican form of government” was for political, and not judicial, determination. Perhaps this would be unremarkable, except that the opinion, propounding a constitutionally crucial specimen of

judicial self-restraint, was written by Chief Justice Taney – who many years later would throw judicial self-restraint to the four winds and write the majority opinion in Dred Scott.

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 [email protected] with your name and e-mail address.

6 DCBA BULLETIN | JANUARY 2017

Message from the Executive Director This past fall, Dade Legal Aid and Put Something Back (DLA/PSB) held an unprecedented number and variety of outreach events, engaging stakeholders from all parts of the community. DLA/PSB provides a critical safety net of legal services for the indigent of Miami. Staff attorneys and pro bono attorneys provide representation in multiple areas of the law, including Family Law, Domestic Violence, Guardianship, Children & Foster Youth Advocacy, Non Profits, Consumer Rights, Collection, Legal Clinics for the Self-Represented, Venture Law, Probate, Housing, Bankruptcy, Foreclosure Prevention, Immigration, Taxation, Real Property, Veterans Legal Issues, CLE Educational Trainings, and Community Workshops.

In September, volunteers staffed the bi-monthly small claims clinics held in conjunction with long time partner, Legal Services of Greater Miami (LSGM). At these clinics, individuals, law firms, and corporate departments had the opportunity to assist the self-represented by answering questions, helping to fill out forms and providing counsel and advice. LSGM staff were present to provide mentoring and support. DLA/PSB also staffed its monthly pro se clinics at the United States Bankruptcy Courthouse to help debtors with questions about whether filing bankruptcy was right for them. At each bankruptcy clinic, attendees first watched an informational video and then had the opportunity to ask questions of the dedicated team of volunteer attorneys led by Jordi Guso of Berger Singerman. DLA/PSB also presented a legal clinic for creatives at MindWarehouse and a Venture Law Project program at Venture Café to assist emerging arts groups and startups with basic legal information. These clinics would not be possible without the leadership of Bruce Levine of Put Something Back and invaluable insight and support from our partners Laura Bruney, CEO and President of Arts Business Council, Steve E. Eisenberg of Eisenberg Lehman, Ashley Juchawski of DLA Piper, and many others.

The Third Class of Dade Legal Aid’s Leadership Academy opened with an energizing session featuring the Honorable Rodolfo Ruiz and the Honorable Rosa Rodriguez, followed by an eventful October luncheon hosted by K&L Gates and featuring Allyson Day of Genovese Joblove Battista and Nicole Grimal Helmstetter of Ehrenstein Charbonneau Calderin. The Class III Fellows also attended a luncheon on professionalism at Rumberger, Kirk, & Caldwell, which featured Paul Lipton, Esquire, the Honorable Andrea Wolfson, the Honorable Thomas Rebull, Jennifer Ruiz of Cole Scott Kissane, and Caitlin Trowbridge of Rumberger, who shared words of wisdom with the Fellows.

Throughout October, DLA/PSB attorneys participated in pro bono activities, including the ABA Pro Bono Celebration, and staffed more self-help clinics and outreach clinics at the South and Dade Justice Centers. Thank you to Mark Stein of Mark Stein Law for staffing these clinics. DLA Family Law and Domestic Violence Attorneys continue advocating on behalf of hundreds of defenseless women, children and families as the number of clients seeking our services continues to steadily rise. We were proud to partner with YLS on several outstanding seminars and lend support for their Wills on Wheels Clinic. Several staff attorneys attended statewide and national conferences on Childrens Legal Services, Medical Legal Partnerships and National Legal Aid and Defenders Association Annual Conference. In addition, Wendy L. Robbins, Senior Supervising Guardianship Attorney, presented on Foster Youth Guardianship at the Child Protection Summit, the Statewide GAL Disability Conference and at the Dade County Public Schools Parent Informational Session.

In November, DLA joined forces with the Intellectual Property Committee of the DCBA, chaired by Jaime Rich Vining, to present the Seventh Annual Patently Impossible Charity Event. Annually, Ms. Vining organizes the largest charity event of its kind to benefit DLA and its pro bono programs. The Judge’s panel included the Honorable Paul Huck, the Honorable Darrin Gayles, the Honorable Chris McAliley, and David Friedland of Friedland Vining, who hosted and sponsored the event for the seventh year in a row. All teams competing had a terrific time building and racing their inventions, but in the end the fearless law students of Nova Law School won first place!

Save the Date for Fashion Night on Brickell on February 24 and many more exciting events in 2017! For more information, please contact Karen J. Ladis at (305) 579-5733 ext. 2245 or [email protected].

Fashion for Justice An Event Promoting Equal Access to Justice for All On Friday, February 24, 2017, the world of fashion will join forces with the South Florida legal community in an unprecedented fashion show, “Fashion Night on Brickell.” Proceeds from the fashion show will benefit Dade Legal Aid’s award winning Put Something Back child advocacy program, which provides free legal assistance to vulnerable groups and those who cannot afford an attorney. The event is chaired by DCBA immigration attorney, Mayra Joli, and will be held at the Brickell Arch in Downtown Miami, from 7:00 to 9:00 p.m. Guests will enjoy exquisite designs by local and international designers as well as a showcase of fine custom jewelry, local spa services, and other fine accessories. The event features the presence of prominent members of the legal community, foreign consulates, socialites, fashionistas, and several well-known TV personalities who will MC the event for guests while they are enjoying live entertainment and food by local gourmet caterers and restaurants.

Tickets are $50 in advance of the event and $60 at the door, space permitting. Judges are complimentary. Special student and government rates apply. For sponsorships and more information please visit fashionnightonbrickell.com or contact Mayra Joli at [email protected] or (305) 722-2828.

www.dadecountybar.org 7

Legal Aid Leadership Lunch

Legal Aid Holiday Party On December 14, 2016, Dade Legal Aid held its holiday party for clients and their children. “Thank you to General Magistrate Margaret Rosenbaum and her colleagues; the clients of Dade Legal Aid and their children had very happy holidays filled with an abundance of toys. For most of these children, these gifts are the only ones they receive during the holiday season,” said Karen Ladis, Executive Director. For over 20 years, Magistrate Rosenbaum has been providing toys for clients’ children. This year she donated nearly 500 presents ranging from toys for babies to toddlers, teens and gift sets for older foster youth. Through her generosity, some 500 Legal Aid clients are able to have a sense of normalcy for their children, who are often the victims of or witnesses to divorce, domestic violence and other difficult situations. Special thanks to Magistrate Rosenbaum and her colleagues for their kindness and support. Dade Legal Aid was also very fortunate to celebrate with clients at a special gathering hosted by Gerald and Amber Kornreich and attended by Santa and his many helpers. “We wanted to restart the great tradition of the Dade Legal Aid Party, which has for many years inspired lawyers, many young, to see and help the children who deserve to have a normal and happy holiday,” said Gerald Kornreich.

Special thanks to Jaime and Jody Vining, Jodi Samuels, Arya Attari and Ver Ploeg & Lumpkin, Freddie Mack and K&L Gates, Jennifer McLoone and Shook Hardy and Bacon, and Randee Godofsky Breiter for your extremely generous donations of toys and gift cards for needy families. And a big thank you to ALL of Santa’s helpers.

On Tuesday, November 15, 2016, Fellows of the Third Class of the Dade Legal Aid Leadership Academy held their monthly meeting at the Miami office of Rumberger, Kirk & Caldwell. This month’s meeting featured Paul Lipton, a former litigator with 40 plus years of experience and the Director of Professionalism at Rumberger, Kirk & Caldwell. Mr. Lipton spoke to the Leadership Academy about leadership in the legal field and specifically addressed the need for a leader to be authentic, competent, and professional. Circuit Court Judge Thomas Rebull and County Court Judge Angela Wolfson, co-chairs of the Eleventh Judicial Circuit’s Professionalism and Civility Committee, were also in attendance and provided commentary on the topic. At the conclusion of the meeting, each member of the Leadership Academy received a copy of Mr. Lipton’s book, Hour of the Wolf: An

Experiment in Ageless Living. The book chronicles Mr. Lipton’s personal experiences and impresses upon the reader the importance of being present in everyday life. Mr. Lipton signed the books provided to the Leadership Academy.

The Leadership Academy is comprised of attorneys from firms throughout Miami-Dade County.

Members of the Leadership Academy learn about leadership and professionalism in the legal field as well as the need for pro bono legal services of Miami-Dade County. In addition to their full-time employment, many of the Leadership Academy’s members provide pro bono legal services through Dade Legal Aid’s Put Something Back program.

Paul Lipton and Jennifer Ruiz Karen Ladis, Ta’Ronce Stowes, Marissa Hight, Julian Jackson-Fannin, Rachel Forman, Paul Lipton, Melissa Arrojas, Caitlin Trowbridge, Akusa Taormina, Lacee Monk, Jake Monk

Alexandra Mesa, Mark Brown, Evits Ilaguna-Freire, Yolande Henry VanDam, Karen Ladis, Juanita Cendan, Wedny Robbins, and General Magistrate Margaret Rosenbaum

8 DCBA BULLETIN | JANUARY 2017

For more information visit www.dadecountybar.org

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

4500 MembersOpportunities to Get Involved

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PRSRT STD

U.S. POSTAGE PAID

MIAMI, FL

PERMIT NO. 1110

JANUARY 10PROFESSIONALISM COMMITTEE

MEETING

LOCATION: DADE COUNTY BAR

ASSOCIATION

TIME: 12:00 NOON

JANUARY 12MIAMI NIGHTS FORMERLY

KNOWN AS “BIDS FOR KIDS”

LOCATION: BALL & CHAIN

TIME: 6:00 PM

ADMISSION: SEE WEBSITE FOR

PRICING

JUDICIARY COMPLIMENTARY

JANUARY 18SOLO SMALL FIRM SEMINAR

30 TECHNOLOGY TIPS

15 TO RUN YOUR PRACTICE

15 TO GET NEW BUSINESS

LOCATION: HAMPTON INN

BRICKELL

TIME: 12:00 NOON

ADMISSION: $45

NON-MEMBER: $55

JANUARY 26GENERAL COUNSELS BALL

LOCATION: CORAL GABLES

COUNTRY CLUB

TIME: 6:00 PM

MEMBER ADMISSION: $125.00

NON-MEMBER ADMISSION:

$175.00

JANUARY 27JUDGE LINDA ANN WELLS

RETIREMENT CEREMONY

LOCATION: THIRD DISTRICT

COURT OF APPEAL

TIME: 3:00 PM

FEBRUARY 2LEGAL INSPIRATIONS

CELEBRATION – DINNER

LOCATION: CORAL GABLES

COUNTRY CLUB

TIME: 6:00 PM

EARLY ADMISSION: $89.00

JUDICIARY ADMISSION: $69.00

FEBRUARY 106TH ANNUAL BENCH & BAR

CONFERENCE

LOCATION: CORAL GABLES

COUNTRY CLUB

TIME: 8:00 AM

MEMBER ADMISSION: $50.00

NON-MEMBER ADMISSION:

$100.00

JUDICIARY COMPLIMENTARY