FAWL President’s December Message
As we round out 2018, we have immense opportunity to be courageous in 2019. Have the courage to invest in yourself and your profession by applying for appointment to your Judicial Nominating Committee (JNC) no later than January 14 and/or applying to be on a Florida Bar Committee no later than January 15. FAWL’s Membership Advancement and Promotion Committee, chaired by Immediate Past President Jen Sullivan, stands ready to provide individual support for your goals. Bar President-Elect John Stewart has shown a high level of commitment to the Mission of FAWL and we look forward to working with him to ensure women are equally represented on these important committees.
We fought hard for women in the last month by appearing in the Florida Supreme Court twice. We united with nine (9) other voluntary bar associations to seek an extension of the deadline for applications to the Supreme Court of Florida. Though that relief was not granted, our message was certainly heard by the Governor, the JNC, and the public, through media coverage. I was so proud of our support of not only gender, but also racial diversity on our highest court. We wish the best to the remaining eleven (11) applicants, and Judges Grosshans and Lagoa, in particular. While the number of women on the Florida Supreme Court will not increase in this round, it is still possible for us to maintain the current level of representation if both women nominees are appointed. We also filed a Comment in support of the proposed parental leave rule and anticipate further action on that front in the New Year.
In this season of gratitude and appreciation, I am particularly thankful for FAWL members using their legal skills to advance gender equality in the profession, the judiciary, and the community at large. Enjoy this time for reflection, and let’s think about where we can have courage in our professional lives in the coming year.
FAWL Journal Fall/Winter 2018
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Call for Nominations
Deadline to submit nominations is January 4, 2019 at 5pm CST. Click here to make a submission.
Parental Leave Petition Comments Due by November 15, 2018
- Name: (include whether you are comfortable with sharing or wish to remain anonymous)
- Year of Ruling on Request for Continuance:
- Was your continuance request opposed?
- If so, what were the grounds for opposition.
- Was your motion for continuance granted?
- Narrative explanation:
- Please attach the motion, response, transcript, and order if you have them.
The Florida Bar Foundation Seeks Directors
The Florida Bar’s Board of Governors is seeking applicants for the following vacancies to be filled during its Feb. 8, 2019, meeting:
The Florida Bar Foundation Board of Directors: Two lawyers to serve three-year terms, commencing July 1, 2019, and ending June 30, 2022. The 33-member Board of Directors administers Florida’s IOTA program. Directors shall be members of the foundation during their term(s) as directors.
Persons interested in applying for these vacancies may go to The Florida Bar’s website to download the Application for Special Appointment or call Bar headquarters at 850-561-5667 to obtain the application form. Completed applications must be received by the Executive Director, The Florida Bar, 651 E. Jefferson St., Tallahassee, FL 32399-2300 or submitted via email to firstname.lastname@example.org
CFAWL and Florida Bar
The power of women, y’all. #runtheworld #girls
FAWL President’s Message
As I reflect on an incredible weekend with many of you at the FAWL Summit, my faith in the future for women in the legal profession is restored and renewed. In our CLE programs, we heard advice on becoming rainmakers or increasing our rainmaking skills at our firms from panelists working in firm environments ranging from solo to non-traditional to regional to AmLaw 100. We also discussed how and why women in government and in-house roles can help to encourage gender equality in law firm environments. We heard from women who were denied requests for continuance of trial or faced fierce opposition when they sought a continuance for parental leave. We were encouraged to embrace imperfection and lift up others by Spread Your Sunshine. Finally, we heard a candid analysis of intersectional issues from women who are thought leaders in this area. If you could not make it to Summit, fear not! These CLEs will be posted and available for FAWL members on our website.
A true highlight of Summit was our opportunity to celebrate women on the Supreme Court of Florida and draw attention to the importance of maintaining or increasing the number of women on that court. Justices Pariente and Quince gave dynamic and inspiring remarks that left all those in attendance wanting to be better lawyers and reach their highest professional goals. We are in the midst of history, as three new justices will soon join the Supreme Court of Florida. Only three women have ever been appointed in the court’s 172-year history. Seven appointments have been made in the past twenty years, all of them men. In this moment, five out of the nine Supreme Court JNC members are women. In this moment, the public is keenly aware of and interested in how judges are appointed and who they want to decide matters of greatest and lasting importance in our state.
This effort to maintain or increase the number of women on the Supreme Court is the natural product of years of work that FAWL has been doing through our Membership Advancement and Promotion Committee, Chaired by Jennifer Sullivan, JNC Oversight Committee, Chaired by Adrienne Rabinowitz, and Informed Voters Project, Chaired by Vivian Fazio. I am especially appreciative of our chapters who have provided so much education and outreach on this goal.
I would encourage our membership and the public to spend time sharing what they value in a Supreme Court Justice with the gubernatorial and U.S. Senate candidates, as those individuals seek our votes in advance of the November election. The candidates should answer questions related to the criteria they would use in the appointment of judges in the debates and forums of the next month.
Perhaps the most special part of Summit for me is seeing friendships new and old flourish after the event is over. Whether through handwritten notes, comments on photos, or new referrals, the relationships we have with each other are without doubt the best benefit of FAWL membership. I cannot wait to see many of you at Lobby Days in Tallahassee March 10-12, where we will have an opportunity to be engaged in the legislative process.
HEY OUT THERE CFAWL PEOPLE
Don’t forget to feed us content. We enjoy not having to make things up for our website and social media (CFAWL – Central Florida Association for Women Lawyers and @CFAWLOrlando (on Twitter)).
And if you have CFAWL event pictures don’t forget to send them on to email@example.com.
Happy Birthday, Mrs. President!
#CFAWL, please join us in wishing a happy birthday to our President, Arti Hirani! She’s pictured here with another CFAWL board member and recent birthday girl, Heather McDonald Kolinsky 🍦🍦 Hope you’re enjoying some sweet birthday treats today, ladies! 😘🎂#CFAWLconnects #hbd
FAWL President’s Message
Makers has a link to this great snippet from the RBG film that was a recent runaway success.
Fun Fact: When Ruth Bader Ginsburg started at Harvard Law in 1956, the dean told the few women entering the first year class that they were taking up space where men should be. (There was 9 women out of 500 men.) She went on to become the first in her class. #YAAASQUEEEN.
Web Mistress here. This story on Slate was posted on our CFAWL Twitter site. It reminded me of the time when I was 7 months pregnant and interviewed with JNC for a judicial appointment – which funny enough is one of the few photos I actually have of me while pregnant (I was showing my outfit to my husband while standing in our not yet finished nursery to see if I looked professional enough).
I didn’t get the job, but I felt taken seriously and respected during the interview, so shout out 9th Circuit JNC – you were cool.
Not all pregnant interviews are bad ones. But none of them should ever be. So this story is important. Let’s do better.
In the meantime, enjoy the #TBT2012 Moment, CFAWL!
Vote Like Ya Mean It!
It’s been less than 100 years since women in the United States gained the right to vote (98 years and 10 days, to be exact!). Today, #CFAWL, let’s honor women’s suffrage pioneers like Elizabeth Cady Stanton, Lucretia Mott, and Susan B. Anthony. Let’s not take for granted what they accomplished with the 19th Amendment, not so very long ago. No matter whom you’re voting for – GO VOTE! 🇺🇸 #womensrights #vote#CFAWLconnects
CC: Florida Association for Women Lawyers — voting.
Call for Sponsors!
The FAWL Journal is directly mailed to over 3,000 FAWL members and available online to over 75,000 The Florida Bar members. Don’t miss the opportunity to get your message and business in front of the best legal practitioners in Florida! For more information contact Journal Director Ingrid Osborn at firstname.lastname@example.org or Executive Director Kevin Hudson at email@example.com.
FAWL Call for Committee Members
Call Me Mother!
The FAWL Journal Needs YOU! Women in law, with businesses large and small, if you are interested in sponsoring FAWL Journal – our umbrella organization’s statewide publication – then contact Ingrid Osborn, FAWL Journal Director (at firstname.lastname@example.org) for details.
Forbes recently published several great pieces about how women who are both professionals and mothers are demanding better treatment from both employers and peers, how the men in their lives can help break down gender bias, how we can fight for gender equality, and how women in power should never be afraid to seek help.
President’s Message – September 2018
Negative Online Feedback? Here’s Help
The Florida Bar News recently posted a link to this helpful Ethics Opinion on how lawyers can respond to negative posts online.
Membership Renewal Reminder
Lean In Anyway
A recent ABA Journal Article indicates that research suggests that women lawyers are more likely to be judged in a harsher light than men when they display assertiveness, self-promotion or anger.
Call for Webinar Presenters & Topics
President’s Message – August 2018
We had a busy first week of August. We thank Amanda Sampaio Bova, CFAWL’s Backpack Project Chair. CFAWL partnered with YLS Chairs (also CFAWL members) Hillary Jenkins and Brittany Melendez.
The Backpack project happy hour had 102 people in attendance, the raffle was a huge success, the school supply pile was substantial, and although donations are still being collected, we have come close to achieving the $6,000 goal.
The committee will meet this week to stuff backpacks full of supplies and then deliver them to the kids at Rock Lake Elementary.
Our August Luncheon speaker, Commissioner Patty Sheehan, was a big success!
We’re looking forward to what #CFAWLCONNECTS brings next.
– Arti Ajit Hirani
From the “Oh NO They Din’t” File
“She said that at least 90 percent of her courtroom opponents are male, and that they file a ‘no-crying motion’ as a matter of course. Judges always deny them, but the damage is done: The idea that she will unfairly deploy her feminine wiles to get what she wants has been planted in the judge’s mind.”
Some eye-opening statistics from the American Bar Association:
“Out of the female respondents, 68 percent indicated they’d experienced sexual harassment at work, but only 30 percent reported the behavior. . . . Of the male respondents, 19 percent reported that they had experienced sexual harassment, and 42 percent indicated that their sexual harassment complaints were taken seriously. Conversely, only 27 percent of the women surveyed reported complaints about sexual harassment were taken seriously.”
H/t to Kimberly Hosley for sharing!
Blog by Camy B. Schwam-Wilcox, Esq. of Schwam-Wilcox & Associates
Child Abuse Allegations in a Dissolution Action
Unfortunately, people going through a dissolution are usually very good people in the worst time of their lives due to factors such as stress, the unknown and the emotional trauma and this can cause poor decision making. People make false allegations of abuse against the other parent, and do not realize the negative effect that this will have on the children. Potentially, the implication could also lead to loss of employment for the accused. However, there are some cases that truly involve abuse, against the spouse/parent or against the children and it is crucial to be able to recognize this abuse and to be able to prove it in court in order to obtain the relief needed for the victim. This is in addition to any Dependency or Criminal case (that has different burdens of proof).
There are 4 major type of abuse:
- Emotional Abuse: This is the most common type of child abuse and it is very difficult to prove. It is especially difficult since in most circuits in Florida, the Judges do not permit the children to testify in a dissolution/paternity action against their parents. Emotional abuse can be defined as rejection from a parent, abandonment, verbal assaults and aggressive parenting styles.
- Neglect: Neglect refers to a range of conditions in which a parent or caregiver fails to adequately provide for a child’s needs: attention, love, food, proper health care to name a few. Neglect is sort of an all-encompassing “verb” for child abuse. It is action, lack of action, or even screaming constantly resulting in hurting a child’s self-esteem. You can neglect to feed your child, not provide medical care or just neglect to supervise them properly. This is a huge area in the dependency arena.
- Physical Abuse: In Florida, corporal punishment is not considered physical abuse; however, there is certainly a fine line. This would be the easiest form of abuse to prove because it is visual: bruising, broken bones, loss of weight, to name a few. Teachers, school administrators and physicians usually recognize physical abuse easily and act to protect their student or patient.
- Sexual Abuse: If a child or another adult engages in any sexual act with a child (consent by a child is not a defense; they are not old enough to consent) or exposes the minor to unsuitable sexual material or behavior that is considered sexual abuse. This means an “act” does not have to be performed on a child or demanded that a child perform on an adult or another child. Making a child watch sexual activity between adults or view pornography is sexual abuse in most states.
In order to be able to prove abuse in court, you need to document anything that you find to be suspicious. By “document” I mean keep a journal, take photos, and report allegations to your child’s pediatrician. This documentation can help to ensure your evidence is something that will be admissible and relevant with your court case to help you protect your child. Collecting evidence and documenting incidents are second to PROTECTING YOUR CHILD — do not put him or her in a known abusive situation for any reason. You need to seek legal counsel to ensure you and your child are protected legally. Hire an attorney that has experience with abuse cases, and be sure to act quickly to protect your child.
For more information on how you can protect yourself and your child while proving your case in court, you can contact Schwam-Wilcox & Associates. We have experience with abuse cases in family court, domestic violence court, criminal court and dependency court. You need an attorney that knows all of these areas of law when there is an abuse situation so you have the best representation. Contact us by calling 407-245-7700, e-mailing email@example.com or visiting our website at www.cbswlaw.com When you’re going through your worst, we are at our Best!
Blog by Peggy Smith Bush, Esq. of Southern Trial Counsel
Applying Pretrial Practice Skills to Everyday Practice
Everyone knows that good pretrial practice skills and preparation help trial attorneys develop confidence before they stand up to ask the first question of voir dire. An often overlooked benefit is that many of these skills are simply time and case management tools which are helpful even if yours is not a trial based practice.
If you or your firm has a preferred format for trial notebooks use that format to set up a “case notebook” early on and keep it updated. If yours is not a trial based practice use whatever format makes sense for the type of cases you handle. Whether you prefer to go old school with paper in a tabbed binder or maintain the information electronically is up to you. Either way, you will save time and effort if called upon to prepare a trial notebook. Having up to date information in one place will help you formulate and adjust your discovery plan and strategy as you prepare case status reports, outlines for hearings, mediation statements, and those out-of-the-blue questions from the partner on the case, your client, or opposing counsel. This “living notebook” can be a particularly helpful reference for attorneys who step into to cover depositions and hearings throughout the case.
A simple case information sheet can become a more useful tool if you customize it with information that you learn along the way. You may begin with style of the case, assigned judge, the parties, and the names of lead counsel. As time goes on add information which is most useful in your day handling of the case. For instance, add opposing attorneys who are responsible for the day to day handling of the case in addition to lead counsel. As the case develops add important deadlines, the names and areas of expertise of experts, and so forth.
Add a “tab” which includes bullet points of standard jury instructions which are applicable to this case. There may be special instructions drafted on the eve of trial but you can be pretty sure there are at least some standard instructions which will come into play. In the alternative, if yours is not a trial practice you might include standards and grounds applicable to type of action and the outcome you seek. Including a tab with statutes and seminal cases upon which you and the other side rely for your respective positions may help you formulate deposition questions to obtain sound bites for motion practice and/or cross-examination later on.
Include a section of operative pleadings. Some cases “live” for years, parties come and go, and causes of action may change. Maintain a separate section of superseded pleadings as an easy reference as to how the landscape changed over the course of the case. Having a separate section for these changes can save you a lot of time searching your electronic database and trying remember out why Party B is no longer in the case.
Even if you never step foot in front of a jury formulate a 5 to 7 minute opening statement and include the bullet points in your case notebook. An opening statement is simply a roadmap to help you visualize the case in a cohesive fashion, help you develop strategy, and identify the strengths and weaknesses in your case. Read the opening statement outloud to see if it makes sense in the context of this case. In other words, will this map get you to where you want to be?
In cases with complicated legal issues and/or factual scenarios charts can take time to create but will be helpful throughout the case. Witness charts may include whether the witness is an expert or fact witness, whether and when deposed, subpoena dates, and so forth. Document production charts are especially helpful as you prepare exhibit lists. Developing an exhibit chart early and keeping it updated is a wonderful time saving tool throughout the case whether you are preparing an outline for an expert’s deposition, mediation, or of course, trial. As you develop your exhibit chart include objections you may face and how you will respond.
Finally, putting this information in one place is merely a tool and the goal is to make your practice easier and more time efficient. Once you find format with which you are comfortable you may, as I have, find time to spend doing much more enjoyable things than searching through your files on a sunny Saturday afternoon before your Monday morning hearing.
Blog by A. Michelle Jernigan of Upchurch, Watson, White & Max
Nothing Can Replace the Face-to-Face
Years of litigation and mediation experience have confirmed what I already knew intuitively – that face-to-face communication is superior to every other form of communication. In our modern age, we rely heavily on technology to facilitate efficient communication. The fax machine replaced the hand delivered letter; email replaced the fax machine and the telephone. Now we utilize text messages, skype and videoconferencing as a means of saving time and money. Not too many years ago a litigation attorney could spend hours daily on the telephone talking with opposing counsel, adjusters, clients and experts. Most of that telephonic communication has been replaced by keyboards and electronic devices.
Why is face-to-face communication superior to other modes of communication? Most of us have heard the theory that 93 percent of communication is non-verbal. This generalization has been referenced for years but has recently been criticized for its limited applicability. American psychologist Albert Mehrabian originated the idea in his 1971 book, “Silent Messages,” for which he confined his observations to a specific type of communication in a specific context. Mehrabian concluded that 7 percent of communication was the spoken words, 38 percent was the tone of voice and 55 percent was the non-verbal cues. Pop psychology took this conclusion and generalized it to all forms of communication.
Whether or not Mehrabian’s conclusions are accurate, they do offer insight into our quest for why face-to-face communication is superior. The primary reason is biological. Have you ever noticed that when you are face-to-face with someone who smiles at you that you also have a tendency to smile? Why is that? It is because our brain has mirror neurons that respond to the visible actions or cues of others. Mirror neurons are a neurological mechanism that enables humans to “mirror” another’s experience. The body language of the speaker conversing with the listener causes the stimulation of mirror neurons in the listener’s brain so that the listener actually experiences the same neurological response that the speaker does. In concrete terms, if speakers “scratch their head, swat a fly, or wipe away a tear, the listeners’ brains experience similar neural activity as if they were taking that action.” The firing of the mirror neurons also sends signals to the emotional centers of the brain so that the listener can experience the same feelings as the speaker. It is this neural synchronization between the speaker and the listener that distinguishes face-to-face communication from all other types of communication. This neural synchronization is based on multimodal sensory information integration and turn-taking behavior during communication.
So, what are the implications of this in your personal and professional life? Given the recent recession, businesses have explored the return on investment with regard to in-person business meetings and the costs associated with them. A 2009 Forbes Insight study revealed that, “while many companies are turning to technology to provide an alternative to face-to-face meetings, an overwhelming majority of executives expressed a preference for face-to-face meetings…” In their article titled The Future of Meetings: The Case for Face-to-Face, Duffy and McEuen identified three business needs that cry out for face-to-face meetings: 1) To capture attention; 2) To inspire a positive emotional climate and 3) To build human networks and relationships.
When we examine these three needs in the context of our business as lawyers we can see the value in face-to-face meetings. We always prefer decision makers to be physically present during mediation. How often have you spoken with client representatives by phone and encountered the difficulties of keeping them focused on the issues at hand? Likewise, the power to persuade and build trust is enhanced by face-to-face communication. Lawyers are frequently engaged in the process of advocating positions and encouraging others to give those positions weight and credibility. Lawyers are in positions of trust with their clients, the general public, mediators, judges, arbitrators and even with opposing counsel.
As lawyers, we tend to sterilize human interactions. We focus on the facts and the law. However, our clients are people and people are complex, multi-dimensional beings. People comprise the social, political, emotional, spiritual, physical and intellectual. All of these facets of our humanity are in play as we encounter disputes and engage in decision making. Show me a dispute that contains no emotional component and I will show you a dispute that does not involve people! “The most compelling argument in favor of personal meetings is their ability to generate emotions in support of learning and collaboration.” Given this argument, does it not make sense to deal face-to-face in dispute resolution, client meetings, presentations, and even the marketing of legal services? There is also a tremendous benefit to having the opportunity to work face-to-face with opposing parties or lawyers for the purpose of gauging their receptivity to your suggestions and arguments and being able to adjust your communication and behavior in an attempt to influence them or to connect with them emotionally to build trust or affiliation.
I have heard it said that the fabric of life is relationships. That rings true with family, community and business. Lawyers are well aware that building a successful law practice is all about relationships. “Regular face-to-face meetings are critical to effective networking and relationship-building.” These face-to-face meetings allow an opportunity for individuals to be less formal, less structured and simply get to know one another. With the impact of mirror neurons, these interactions can promote positive emotion and increase the likelihood that the participants enjoy and like each other. After all, it is rewarding to do business with people you like and unrewarding to do business with people you don’t like.
As lawyers, we use multiple modes of communication. Each of those modes should be evaluated in the context of what we are seeking to accomplish. If we want to communicate facts and data, email is a great way to communicate. If we want to negotiate a settlement, we could pick up the phone and talk to the other attorney. Better yet, we could take them to lunch, get to know them and ascertain the best way to persuade them. If we want to “land” a client, we might try a more personal face-to-face approach. If we want to build trust, we want not only to meet face-to-face, but also to look that person in the eye. In summary, if we want to build trust, build relationships, persuade, sell, evoke positive emotions, encourage, or confront, there simply is no way to replace a face-to-face.
 Duffy C., & McEuen, M.B. (2010). The Future of Meetings: The case for face-to-face (Electronic article). Cornell Hospitality Industry Perspectives, 1 (6), 6-13.
 Id. at p. 10.
 Jiang, Dai, Peng, Zhu, Liu and Lu (November 7, 2012) Neural Synchronization during Face-to-Face Communication. Journal of Neuroscience, DOI:https://doi.org/10.1523/JNEUROSCI.2926-12.2012. Turn-taking is a feature that has been shown to play a pivotal role in social interactions.
 Duffy C. & McEuen, M.B. (2010).
 Chang, M. (February 20, 2015) Why Face to Face Meetings are So Important, (Electronic Article)https://www.forbes.com/sites/ellevate/2015/02/20/why-face-to-face-meetings-are-so-important/#68c549b0aee9 and Bohns, V.K. (April 11, 2017) A Face-to-Face Request Is 34 Times more Successful than an Email, Harvard Business Review (Electronic article) https://hbr.org/2017/04/a-face-to-face-request-is-34-times-more-successful-than-an-email
 Duffy C., & McEuen, M.B. at p. 9.
 Duffy C., & McEuen, M.B. at p. 12.