September 1, 2016 Letters
Letters
Senior Lawyers
I was pleased to read in the August 1 News that a panel is considering a new membership category for senior lawyers “who want to cut back on their practice….”
I for one have not practiced for several years (other than a modest amount of pro bono advice to domestic help and the yard man) but continue to support the Bar with full membership fees for no other reason than the Bar has been good to me and the practice has provided a good living.
Some time ago, I suggested that any lawyer over 70 who had been a member of the Bar for over 50 years (For me age 85 and 60-year membership would work) might be offered special dispensation as to CLE requirements. While I continue to get my 30 required hours of CLE each three years, I find the courses to be of little value to one who no longer maintains an office.
I am glad to see that the matter is now receiving attention. I urge the Bar to get on with it while I could still enjoy the benefits.
Wilson Wright
Tallahassee
Judicial Discipline
Being one of the several lawyers in this state who actually reads the News, I came across a August 1 article about Judge Gregory Holder of Tampa who was reprimanded by the Supreme Court for actually trying to help somebody who, without question, deserved assistance.
The way I get it from the article is that this judge presided over a case involving a decorated combat veteran who got kicked out of the University of South Florida based on the allegations comprising the case before the court. So the judge contacts the university and asks, nicely, if they would allow the defendant back into school for online classes. The judge also called the state attorney to get them to back off what might’ve been the problem count(s).
Of course, the judge, who is not, by any stretch of the imagination, asking for the world here, is reprimanded because he created the impression that he wasn’t impartial and violated some other rules that reflect on the neutrality of the bench and whatever else they put in there that prompted the JQC and ultimately the Supreme Court to say “Oh. You can’t do that. You violated THE RULES.” So I’m reading this and I’m thinking, “You know. I get it. I now completely understand why people hate lawyers.” I’m not a Bible scholar, but I remember the bit where Jesus is excoriating the Pharisees (and the lawyers, I might add) because they concentrate all their attention on the rules. They have the law down cold, but they forgot what the law represents.
So here’s Judge Holder. I don’t know this judge, but he sounds like someone I’d like to know. He probably saw this in the same common-sense way a lot of people do. Our combat veterans should be given some consideration once in a while, whether it’s in the playbook or not. From the article, it didn’t sound like anybody got hurt. The store clerk might’ve had it coming anyway. Maybe there’s some PTSD issues. Whatever. I don’t know. All I know is the defendant is an Army Green Beret soldier who was awarded the Bronze Star. I also know that they don’t give those away. So here’s a guy who was obviously doing something above and beyond and undertook what was probably a really dangerous mission in defense of this country, and USF kicks him out of school.
Meanwhile, there are students on college campuses all over the country who burn the American flag, shout down speakers who speak with any modicum of sense or reason, verbally trash this country and everything it stands for, and they can go to school just fine, no problem. Maybe it’s just the way things are now. That which was celebrated is now condemned and that which was condemned is now celebrated.
For what it’s worth, it is this writer’s opinion that instead of a public reprimand, Judge Holder should have been given an award for trying to help someone who served our country honorably and well.
Ernie Mullins
Kissimmee
Foreclosures
most accounts, the stock market is up; the economy is stronger; unemployment is down; and the real estate market is on an uptick. So where are foreclosures, which were the cause or a major contributing factor to the downturn of the aforementioned markets and the epicenter of the Great Recession?
Without a doubt, foreclosures have decreased since the seismic levels of the Great Recession. While this is true, the courts’ foreclosure dockets are still relatively active.
However, the Florida Legislature passed a series of new laws and the Florida Supreme Court implemented new rules of court with the goal of streamlining foreclosures and specifying specific ground rules for the legal process from beginning to end. Judges also set aside specific time periods for foreclosure matters to be heard in their courtrooms that helped to manage their dockets more efficiently. The end result is lenders are held to stricter standards.
It is not only the actions of the Legislature and the courts that hold the lenders to stricter standards. The federal government also weighed in and implemented specific regulations lenders must abide by or risk heavy fines. In particular the Feds created the Consumer Finance Protection Bureau, which seeks to protect consumers’ interest in the financial sector. As it relates to foreclosures, the CFPB requires lenders to end what is termed “dual track foreclosures.” Dual track foreclosures are foreclosures where the defendant is in the process of being reviewed or has been approved for loss mitigation, i.e., a loan modification, deed in lieu, or short sale, yet the foreclosure continues, hence the term dual track.
Dual-tracking can have disastrous consequences for the defendant. At the very least the defendant will be served with foreclosure documents, or, worse, their property can be sold at a foreclosure sale. The regulations under the CFPB requires the lender to hold all foreclosure proceedings in the event there is an active review or approval.
It should be noted, while the lenders are held to this standard by the federal government, it is at the judge’s discretion whether to discontinue the foreclosure proceedings upon request by the lender.
So what exactly is the status of foreclosures today? The Legislature, courts, and the federal government have implemented various laws, rules, and regulations respectively that hold the lender to stricter standards. Fortunately, that has provided some semblance of organization and proficiency for the practice, but foreclosure filings have yet to move back to levels prior to the Great Recession. Nonetheless, foreclosures are trending downward, and with the implementation of the stated changes, foreclosures are certainly moving toward the years when the numbers were more manageable.
Karen A. Thompson
Jupiter
Professionalism
With the death and devastation in our own country and around the world, I must reflect on our responsibility as lawyers to resolve conflict with professionalism and civility. We have so little control over much that is going on around us: the hatred, the violence, and the sadness. But, there’s something we can control: ourselves. As the world seems to deteriorate around us, we as lawyers are in a unique position to be examples and guides to the community on ways to respectfully navigate adversarial situations. This may not seem like enough, but with over 100,000 lawyers in Florida — each touching the lives of clients, businesses, and families — our actions undoubtedly make a difference.
It is the very nature of our work that we are opponents — we are always fighting over something — sometimes property and sometimes innocence. How do we fight? How do we adamantly disagree, but still move forward and come to a resolution without destruction? Our oath requires that we do so with professionalism. There are so many articles about professionalism. What does it really mean to be professional?
I tritely return to the Golden Rule — “do unto others as you would have them do unto you.” Could it really be that simple? I believe it is. I reviewed the “Professionalism Expectations” drafted by The Florida Bar Standing Committee on Professionalism and adopted by The Florida Board of Bar Examiners in 2015. Each and every expectation comes back to the Golden Rule. The “unto others” includes our clients, colleagues, opposing counsel, judges, support staff, clerks, judicial assistants, witnesses, pro se litigants, the indigent, and all with whom we interact. We must have morality in our practices. There are wonderful examples of lawyers who exemplified professionalism, such as Mahatma Gandhi and Abraham Lincoln or the fictional character of Atticus Finch. But our sights do not have to be so lofty. You and I can start smaller and make changes.
For example, I want others to be honest with me, so I must be honest with them. I do not want the other side to engage in dilatory or delay tactics, so I must not use such practices. I want others to be prepared, so I must be prepared. I want my emails and phone calls returned, so I must do the same. I do not want to be yelled at, so I cannot yell, either. I want the other side to be reasonable in responding to my requests, so I must too be reasonable.
This is not complicated. Yet, judges and lawyers are seeing serious professionalism violations continuously in and out of the courtroom. I am hearing stories of attorneys who just do not show up to court and tell their clients to let the judge know; stories of lawyers taking phone calls during court; lawyers screaming at each other; stories of dishonesty and win-at-all-costs attitudes. This type of behavior is unfathomable and has no place in our judicial system. Actions like these only perpetuate lawyer stereotypes and denigrate the justice system. They make orderly resolution of conflicts impossible.
When we respect each other, we move cases forward. We show our clients and society that lawyers serve an honorable purpose, which is to resolve conflicts peacefully with the least amount of collateral damage. Our clients see that it is possible to navigate adversarial situations without animosity, hatred, or violence. If each client takes a little of our professionalism back to their families and businesses, we as lawyers have made a difference.
The day-to-day news is debilitating. Hatred. Violence. War. It is our honor and responsibility as lawyers, as professionals, to set an example for the rest of society. The example starts with demonstrating the highest standards of professionalism within our profession, and outside of our profession, which will effect change in the greater community. That gives me hope.
Ashley Wells Greene
Jacksonville
