Lawlor Winston Blog

I hope everyone enjoyed their summer. Personally, I love autumn. Football starts again, kids go back to school, temperatures begin a slow decline to something approaching pleasant and the end of hurricane season approaches.

The past few years have brought us a much-needed reprieve from the onslaught of hurricanes that, at times, made us feel like Mother Nature was loading tropical systems into a machine gun aimed at Florida. Nevertheless, many of us brace ourselves in June and follow the weather reports closely until the end of the season nears in October and November.

I’ve begun to realize, however, that we Floridians face not one, but two hurricane seasons every year. One brought on by nature every June, the other by the enemies of justice in Tallahassee every February. Unfortunately, our second hurricane season came early this year when John Thrasher won the special election in Jacksonville this month for the State Senate District 8 seat. Anyone who still doesn’t know who and what John Thrasher is need only put his name into Google. I suggest you plan to be sitting down when you do so.

I predict the upcoming 2010 Florida Legislative session will be more critically important to the jury trial system, the independence of our Judiciary, and the people of our State than any in recent memory. “Tort Reform” bills will be flying around the House and Senate like roof tiles in a Cat 5 cyclone. The enemies of justice will be pushing their agenda, and the now-familiar demonization of “Trial Lawyers” will be an oft-employed tactic.

All this will be going on during an election year when important local, state and judicial races will be occurring. We need to support the legislators committed to civil justice issues and our Judiciary. They’re going to need our help.

www.LawlorWinston.com

Of all the organizations I’m involved in, the BCJA is my favorite.  When I was a law student, I clerked for Morris Finkel, who was then President of this group.  Morris, now one of my partners, brought me as his guest to a monthly dinner meeting.  That evening had a profound effect on me, and helped form my decision to become a Plaintiff Trial Lawyer.  I remember that meeting well: it was held at the Riverside Hotel, and while sitting in on Case Evaluation I was stunned at the free exchange of knowledge, opinions and assistance.  The dinner was likewise memorable, not so much for the food (some things never change) but because the speaker and topic were timely and interesting, and I got to sit at Morris’ table with  Judges and lawyers whose names, while unfamiliar to me at the time, have become very familiar indeed.   The room that night was packed.  There were at least 100 people in attendance, and there was an overwhelming sense of collegiality.  Everyone was on the same team, fighting for good people.

When I was elected to the Executive Board of Directors in 2004, our membership was down, and dinner meeting attendance was closer to 30 people than 100.  Times had changed.  Tort reform had become a reality.  “Trial Lawyers” were under attack by the media, the insurance industry and politicians.  The settlement and verdict values of our cases had dropped precipitously.  We were working harder than ever before to get good results for our clients and to earn a living for ourselves.  Being an active part of organizations like the BCTLA seemed to me to be more important and valuable than ever.  Unfortunately, given everything else our beleaguered membership was dealing with, participation had slipped.
 
We’re a much stronger, viable organization than we were back in 2004.  I stand on the shoulders of giants in this regard.  I served with and witnessed the hard work and leadership of Past Presidents Brad Winston, Russ Adler, Alex Clark, Bob Rogers, Jon Pavsner and Julie Hager that revitalized the BCJA. 

And yet, I often meet Plaintiff Personal Injury lawyers here in Broward County that aren’t members of our organization, or the FJA.  I don’t get it.  I realize there are only so many hours in the day, and only so many voluntary Bar associations one can realistically be active in.  But, if one is a Plaintiff Personal Injury lawyer, joining the BCJA and FJA seems like a “no brainer”.  Aside from the obvious benefit of being able to mix and mingle with the local Judiciary and colleagues at the monthly dinner meetings, membership in the BCJA gives one access to the collective knowledge, wisdom and experience of some of the finest lawyers in the State.

The more members we have, the stronger we become.  The stronger our organization becomes, the more empowered and effective we become as practitioners, lobbyists and advocates.  Let’s welcome back those who have left, and open our arms to the hundreds of potential new members in Broward County.

www.LawlorWinston.com

For a session that wasn’t supposed to be focused on “Tort Reform”, there were an alarming number of such Bills before the legislature this year.  Our battles in Tallahassee are far from over. We can all consider this past session a victory, thanks to the hard work of our brethren at the Florida Justice Association.  Click on this link to find a brief legislative update from the FJA’s website (www.floridajusticeassociation.org), where additional information is available.

Looking back over the “Bad Bills” should give us all pause—Insurance Company Bad Faith Immunity?  Really?  That was on the table?  I’m being flippant, of course, but I can’t believe this didn’t cause more concern within our profession. 

It’s also important to note that we were not just on the defensive in Tallahassee this year.  Our lobby supported many Bills that, had they passed, would have greatly benefited the citizens of Florida. 

One of the hot-button issues this past session was the legislative rejection of the Florida Supreme Court’s opinion in Murray v. Mariners Health/ACE USA., which reinstated hourly attorney fees payable by the Employer/Carrier.  House Bill 903, which negates the Murray Court’s ruling and reinstates the 2003 caps on attorney fees, passed after a battle between House and Senate leadership during the final days of the session, despite the coordinated efforts of the FJA and the Florida Worker’s Advocates.  The FJA effort to urge Governor Crist to veto that Bill is underway.  If you’d like to get involved, contact Jacqui Sisto at jsisto@floridajusticeassociation.org for more information.

Our fight is never over.  It is incumbent upon us to protect our clients, the independence of our Judiciary and our practices.  The Board of Directors of the Broward County Justice Association has recently created a “Legislative Committee” dedicated to coordinating our local efforts with the FJA. 

Next session, the BCJA will be represented in Tallahassee.

www.LawlorWinston.com

 
It seems that every time I think we have a bit of time to relax our vigilance and focus exclusively on our practices, the enemies of Justice launch another attack.  John Thrasher is running for the open seat in State Senate District 8 (Jacksonville). What does a Jacksonville State Senate race mean to us down here in Broward County? 
 
For those of you who are unfamiliar with State politics, James Thrasher may be an unknown to you.  As Speaker of the House, Thrasher joined forces with Jeb Bush on a mission to destroy Florida’s civil justice system.  In my opinion, no one has done more harm to your client’s rights and Florida’s consumers than John Thrasher.  After leaving the Florida House of Representatives, he joined a well-connected lobbying group and has spent the last eight years lobbying against Florida’s consumers on behalf of special interests the likes of the big tobacco, big petroleum and big insurance. 
 
Make no mistake about it. John Thrasher is no friend of Florida consumers or our clients.  As Speaker of the House in 1999, he began his assault on consumer’s rights by creating a sliding scale where Joint & Several does not apply, dismantling of punitive damages with immunization of employers for acts of employees and severe limitations on damages awardable, creating a 12-year statute of repose in products cases. enacting a Government Rules Defense in product liability cases, and limiting the dangerous instrumentality doctrine, including caps on rental car liability.
 
The fight for justice for consumers has been moved up this year.  If we do not pitch in and do our part to oppose John Thrasher now, Florida consumers and your clients will be facing a grim decade.  We need to move now, folks.  The primary is scheduled for September 15th.  Let’s take this opportunity to get involved and take steps to preemptively protect our clients and the consumers of this state.

www.LawlorWinston.com