11th Circuit Chief Judge Sayfie tells practitioners to prepare for civil justice system changes
'We’re Florida. We roll with the punches, and we always do well. We’re going to find ways'
Judge Nushin Sayfie: “The Supreme Court wants to make sure that we’re putting the resources in the best places. They want the judges to be aware of caseloads, how long things are taking.”
Conjuring a 1982 classic horror movie, Miami-Dade Chief Judge Nushin Sayfie on Friday warned the Board of Governors that the latest round of civil justice reforms take effect in January.
“Remember that movie, Poltergeist? Well, they’re here.”
Sayfie’s “State of the Judiciary” address, delivered in a Coral Gables hotel conference room, highlighted the first Board of Governors meeting of the Bar year, and the first led by President Roland Sanchez-Medina, Jr., a Miami transactional lawyer.
Before hearing regular committee reports, and approving a series of proposed rule amendments, the board spent most of the meeting listening to Sayfie and other prominent members of the South Florida legal community.
The civil justice reforms, which the Supreme Court approved in a May 23 order, In Re: Amendments to Florida Rules of Civil Procedure, take effect January 1. They are part of the Supreme Court’s phased approach to speeding the resolution of civil cases through case management.
Justices want to be sure taxpayer dollars are spent wisely, Sayfie said.
“A lot of it obviously has to do to some extent with accountability,” she said. “From where the Supreme Court is coming from, it has to do with resources. The Supreme Court wants to make sure that we’re putting the resources in the best places. They want the judges to be aware of caseloads, how long things are taking.”
Sayfie said she’s confident the system will adapt.
“I don’t think it’s going to be the sort of gloom and doom and end of the world that some people are projecting.”
Chief Judge Sayfie acknowledged that time standards are causing some “panic,” but she reminded the audience that the civil justice system has been evolving to stricter case management – where judges drive the schedule more than lawyers – since the pandemic.
Chief judges already faced reporting requirements, she said.
“Some of those were already part of statute before, now they’re becoming a little bit more, I guess, enforced for lack of a better word,” she said. “Where I’m going to have to start reporting to the chief justice on an annual basis all civil cases that are more than three years old, by judge, by division number, so on and so forth. So, it’s here.”
Not every case will be held to the same strict time standard, but everyone will “feel” the impact of the reforms, she said.
“We’re Florida. We roll with the punches, and we always do well. We’re going to find ways,” Sayfie said.
The state of Florida’s judiciary “overall” is good, she said. Lawmakers in the past few years have responded to the Supreme Court’s request for resources to address staff recruitment and retention, she said. But Florida is incredibly diverse, and some jurisdictions face greater staffing challenges than others, Sayfie said.
And in addition to the civil justice reforms, Florida lawyers are facing a technology challenge. Remote hearings have made dispensing justice more efficient, but the next generation of lawyers no longer have the benefit of watching senior colleagues in action. Establishing relationships with other professionals has become much harder, she said.
Lawyering has traditionally been an “in-person” endeavor, she said.
“When you think about how you learned to be a good lawyer or a good judge, it was sitting in the courtroom watching other people,” Sayfie said. “When I was a trial lawyer, all of the relationships I cultivated were in the hallway.”
But remote practice is here to stay, she warned.
“It’s weird to try to cultivate relationships through a screen. I don’t like it. But that’s the wrong attitude,” she said. “We need to be able to cultivate leadership among the next generation.”
These days, Sayfie said, her title is 95% “chief” and 5% “judge.” Since she assumed the role “three and half years and 27 days ago,” most of her time is taken up with meetings.
The 11th Circuit is one of the nation’s largest, with 123 judges and a 725-member workforce, “when its fully staffed, which unfortunately is not often,” said Sayfie, adding there are 11 court facilities in the 11th Circuit, but that’s about to change, she said.
“We’re building a brand-new civil courthouse here in Miami,” she said. “I know a lot of lawyers here in Miami are wondering when it’s going to be open. Dust off your jackets and ties, because hopefully, we’re going to be coming back to a brand-new courthouse in January, is my hope.”
Florida’s extensive network of pro bono legal aid organizations is the best in the nation, Sayfie said, but she urged lawyers to do more. One of a judge’s biggest challenges is resolving cases with unrepresented litigants, she said.
Legal representation “shouldn’t be a luxury,” she said.
“It’s a breath of fresh air when you see a lawyer help people,” she said. “I just want to remind you of how good your path is, how important it is, and what we do to make sure we can spread our services to even more people.”
Miami-Dade Mayor Daniella Levine-Cava, a lawyer, referred to Sanchez-Medina’s inauguration promise to promote the benefits of Bar involvement. She stressed that her public service career began with her advocacy on the Legal Needs of Children Committee.
Miami-Dade Court Clerk and Comptroller Juan Fernandez-Barquin, a lawyer and former legislator, told the board that the court clerk’s funding system “is totally broken.” He urged board members to press their legislators for a solution. He also echoed Sayfie’s concern that Miami’s sky-high cost of living makes it difficult to hire and maintain staff.
In other business, Board Technology Committee Chair Duffy Myrtetus said his panel has been studying a new ABA Formal Opinion 511, released in May, which provides guidance on when lawyers can use listservs.
The opinion cites ABA Model Rule 1.6 on confidentiality, which states that lawyers should not disclose client representation information unless the client consents, it’s impliedly authorized, or it’s necessary to prevent harm or a crime.
“We also had a general discussion about our objectives and goals for the coming year,” he said. “We talked about [artificial intelligence] and shifting our focus from regulation to developing more practical, how-to type information.”
The board also voted unanimously to approve a Program Evaluation Committee proposal to amend Bar Rule 6-3.6 (Recertification). The proposed revision would give the Board of Legal Specialization and Education the authority to extend application deadlines for such things as natural and human-caused disasters, including hurricanes and epidemics.
“During the Covid pandemic, the Bar had to request that the [Supreme Court] extend time periods for applicants to complete requirements because courts and law offices were shut down and applicants could not reasonably meet the certification requirements during that time period,” according to a staff analysis.
The proposed revisions will be forwarded to the Supreme Court for final determination.
In other action, the board also approved two additions to the Florida Bar Member Benefits Program, including “Savi” (Student Loan Benefits Made Easy), a tool designed to help users “discover and manage new repayment and loan forgiveness options,” according to the Member Benefits Committee.
“Savi helps users discover and enroll in government repayment programs that can result in lower monthly payments and potentially student loan forgiveness,” the committee notes.
The company claims users have reduced loan payments by an average of $156 per month. The tool helps users enroll in programs like Public Service Loan Forgiveness and “helps with the management and paperwork of student loans, saving our users money and time, reducing anxiety, and letting them focus on their broader financial goals.”
At no cost to the Bar, the company would offer members three levels of service. A “DIY” free plan, an “Essential” plan that would cost $70 per year, and a “Pro” plan that would cost $180 annually.
“Savi has the potential to assist our members with such loans manage their legal practices more effectively,” said Terry Hill, director of the Bar’s Programs Division. “When lawyers know their financial matters are well-handled, it allows them to dedicate more attention to supporting their clients.”
The board also approved “Smart Draw,” a flowchart and design software, to the Member Benefits Program.
The software tool is designed to streamline the creation of diagrams, flowcharts, and other visual representations. Common uses include legal diagrams and case presentation, legal forms and documentation, and floor planning and site planning, according to the company.
“We believe Smart Draw has the potential to significantly enhance lawyers’ performance both in the courtroom and in their daily office operations,” Hill said.
