BULLETINDADE COUNTY BAR ASSOCIATION

In this, second to last President's Message of my term as the103rd President of the, now, Miami-Dade County Bar Association, I remaingrateful for the humbling privilege and honor to serve the Members, Bar,Judiciary, and Community at-large.

This edition of the Bulletin celebrates the M-DCBA's response tothe Covid-19 coronavirus. It acknowledges February's Black History Month,March's Women's History, and continues celebrating the 100th anniversary ofthe ratification and passage of the 19th Amendment to the Constitution of theUnited States. I prefer to say recognizing instead of granting women the rightto vote. It touches on April's Earth Day, and early May's 75th anniversary ofNazi Germany's surrender to the Allied forces and the liberation of the DeathCamps with crematoria. Also, this Bulletin brings a touch of mindfulness,which is essential in our daily lives, and especially during the stay-safe-at-home pandemic days.

DCBA OFFICERS

President – Gilbert K. SquiresPresident Elect - Jane W. MuirVice President - Sabrina Puglisi

Secretary - Eric HockmanTreasurer - Suzette Russomanno 

Group One Directors

Julian A. Jackson-Fannin Melissa V. JordonAmber Kornreich 

Tammi CalarcoEric Kay

Jennifer James

Group Two Directors

Natalie M. RicoStuart J. WeissmanStephanie Grosman

Jacqueline LedonMichael T. Davis

Karen Parker

Group Three Directors

Miranda Lundeen SotoAlice SumIrene Oria

Jaime Rich ViningJeremy

Evelina Libhen

Group Four Directors

Jacqueline ArangoBelinda Bacon

Lori SochinBarbara Reisberg

Roger SladeJoseph George

Group Five Directors

Scott L. BaenaStanford BlakeDavid Rogero

Patricia RedmondLeonard Elias

Flora Seff

ABA Representative

Stephanie Carman

YOUNG LAWYERS

SECTION OFFICERS

President - Isabella PoschlPresident-Elect - Kristen Corpion

Secretary - Scott MerlTreasurer - Richard D. Shane

President's Message

“Stop Trying To Calm The Storm. Calm Yourself;The Storm Will Pass.” — Unknown

March 6th Bench & Bar: President Gilbert Squires, vice president and Bench & Bar Chair – Sabrina Puglisi, and RodolfoSorondo, Jr., Holland & Knight

https://www.dadecountybar.org/page/dcbaleadershiphttps://www.dadecountybar.org/page/dcbaleadership

And in the midst record unemployment, deaths from the virus, businesses facing permanent closure, globaldisruption, and what I call pandemic-uncertainty — there is gratitude and hope. We are grateful for theselfless work of healthcare practitioners, food and medical product delivery truckers, first responders, courtpersonnel, judges and lawyers, and countless silent citizen warriors. They wear masks to protect theirfellows and perform many acts of kindness. We are thankful for those who recovered after days ofintubation under a ventilator in ICUs throughout the globe. Yes, there is hope, because this too shall pass.

"The 1918 has gone: a year momentous as the termination of the most cruel warin the annals of the human race; a year which marked, the end at least for a time,of man's destruction of man; unfortunately a year in which developed a most fatalinfectious disease causing the death of hundreds of thousands of human beings.Medical science for four and one-half years devoted itself to putting men on the

firing line and keeping them there. Now it must turn with its whole might tocombating the greatest enemy of all--infectious disease," (12/28/1918). —

Journal of the American Medical Association final edition of 1918

President's Message Contiuned

“Gratitude Is Not Only The Greatest Of Virtues ButThe Parent Of All Others.”— Cicero

I am grateful to the organization's staff who have risen to the occasion to carry on with the Bar'sbusiness of serving, despite normal coronavirus induced fears for: safety, families, and livelihoods. SinceMarch 13, the staff has been working remotely. The IT leadership quickly setup laptops and telephonicinterchanges to seamlessly permit staff to pursue the Bar's business without disruption. When you call theBar's office, telephones ring as usual. One would never know the phones sound on the cellular phone ofthe Program's Coordinator, the Executive Director, the Finance Coordinator, the Lawyer ReferralCoordinator, IT Support, or the appropriate Staff-Person. Yes, just like usual, but it is not. In fact, it is thefurthest from normal. One realizes this abnormality when the next event is a "Zoom" Webinar. There,presenters and participants connect by Internet and telephone to learn and share about timely topics.Topics like: "Trial Run: Virtual 5K (to encourage safe competitive healthy walking, running family activity);""A View from the Bench: An Update Regarding CourtMAP Changes, Virtual Hearings, and Do's and Don'ts(presented by Chief Judge Bertila Soto, Administrative Judge Jennifer Bailey, Judge Alexander Bokor, Mr.Stuart Ratzan moderates);" and numerous other programs in collaboration with local and regionalVolunteer Bar Associations. None of these outstanding events would occur, but for membership'screativity and dedication, presenters' diligence, and staff resilience. The Board of Directors, ElectionsCommittee, and all other Committees together with Executive Committee and Officers adaptably continueto serve; as they create a "New Normal." — THANK YOU!

That December 1918 quote could easily apply today. Although thankfully, a devastating world war isnot ending or starting. Nevertheless, service men and women around the globe and in Afghanistan andIraq continue to serve with honor and valor in America’s longest war. We thank them and their families! Today, humanity experiences a pandemic with eerie similarities to the so-called Spanish Flu Pandemic of1918, although its origin remains unknown. As local, state, and national authorities struggle to develop andimplement strategies to protect the population and keep the economy functioning. We must remain vigilantand follow the authorities' instructions without giving way to reason, sound judgment, or common sense.

President's Message Contiuned

“Two months ago, I had a nice apartment in Chicago...I had a son. Whensomething happened to the Negroes in the South, I said, `That's their business,

not mine. Now, I know how wrong I was. The murder of my son has shown me thatwhat happens to any of us...had better be the business of us all.”

— Words of Mamie Till-Mobley in 1955, Mamie Till-Mobley’s after the lynching [by whitemen] of her 14-year old son, Emmet Till, for supposedly flirting with a white woman.

"He didn't deserve to go out like that. He just loved people. He's the kind of youngman that if he had a dollar, and you asked him for that $1, he would give it to you,

His heart was just bigger than life." — Marcus Arbery Sr., told MSNBC on or about May 8, 2020, the 26th birthday of his sonAhmaud Arbery, who was allegedly murdered by Gregory and Travis McMichael [father

and son white men] on February 23, 2020, in Brunswickon the Georgia coast between Savannah and Jacksonville, Florida.

The story seems to never end, despite the pandemic and the passage of time, young black men deadafter a chance encounter or otherwise with white men. During Black History Month, the history of AfricanAmericans and Africans in the Diaspora did not end. Moreover, Black History is not solely "Black" history;it is American, yes Human History. How similar are Mrs. Till’s words to Martin Niemöller’s:

“First they came for the socialists, and I did not speak out—because I was not asocialist. Then they came for trade unionists, and I did not speak out—because Iwas not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to

speak for me.”

Many ask me: "how does it feel being the first Black President of the Dade County Bar Association?"And I respond: Mr. Jason M. Murray, Esq., was the "first black President." But while I do not speak for him,I know we share similar feelings. I am the President of the DCBA, Full stop! When we start "separating"ourselves, we diminish our humanity. In the early afternoon of February 27, 2020, there was a swastika drawn by the entrance of the DCBA'sbuilding and on a nearby courthouse wall. Because I'm African American, should I be the President ofsome? Should I not be hurt and offended? No. Yes, absolutely yes, I’m hurt and offended! That hatefulaction hurts me not only because I am a Jew but also because I am an American, a human, and it hurtsour members; it hurts and offends us all. The police investigated and we believe the perpetrator orperpetrators have not been found yet. The month of February closed commemorating everyone's history and transitioned to March, where wesaluted Women's History. As lawyers, citizens, and humans we stand against injustice to achieve Dr.Martin Luther King, Jr.'s dream of love and hope:

President's Message Contiuned

Ms. Cynthia A. Everett, Esq., wrote an excellent Legal Foundations article about Mr. H.T. Smith, Esq., tohonor Black History Month. Please read it and another fabulous Legal Foundations article by Ms. NatalieM. Rico, Esq., about Ms. Edith G. Osman, Esq., to honor Women's History month, celebrated in the UnitedStates since 1987. H.T. and Edith are two Legal Foundations of our Bar and Nation.

“And when this happens, when we allow freedom ring, when we let it ring fromevery village and every hamlet, from every state and every city, we will be able tospeed up that day when all of God's children, black men and white men, Jews and

Gentiles, Protestants and Catholics, will be able to join hands and sing in thewords of the old Negro spiritual:

Free at last! Free at last!

Thank God Almighty, we are free at last!”

“The right of citizens of the United States to vote shall not be denied or abridgedby the United States or by any state on account of sex. Congress shall have

power to enforce this article by appropriate legislation.”

— 19th Amendment US Constitution. Congress passed it on June 4, 1919. It wasratified by the states on August 18, 1920.

But it did not happen overnight or just like that. Arguably, the struggle for women's equality has existedsince men and women walked together out of Africa. Countless women, mothers, aunts, sisters, cousins,and grandmothers worked for centuries, and still are working while working for equality. The 19thAmendment is at its 100-year marker in the 244-year history of the Republic. Two strong women amongnumerous equally powerful others organized the 1848 Seneca Falls Convention to bring the women'srights movement to the national forefront. These two women were Elizabeth Cady Stanton and LucretiaMott, who worked with Susan B. Anthony and other male and female leaders to manifest the amendmentdream. Today, just look at DCBA's officers — influential leaders. Your current President-Elect, Vice-President, and Treasurer are women. On April 22, we celebrated the 50th anniversary of Earth Day. The pandemic and stay-safe-at-home ordersseemed to overshadow this critical milestone. I posit that now more than ever, we must not forget themeaning of Earth Day and have to care for the planet and each other. May 8 marked the 75th anniversary of Victory in Europe Day. Nazi Germany surrendered to the allies, andthe horror of the Holocaust was exposed to the World. And still today, some display and espouse theterrible meaning of that Nazi flag and its despicable markings. Nonetheless, they have the right to speaktoo. But they don’t have the right to murder or break other laws. As written above, the DCBA building wasnot immune from defacement with that symbol. Yes, even a fifth of the way into the 21st century, we mustremain vigilant and combat the attitudes, thoughts, and actions that marking propounds with strength, love,and law.

This Bulletin rolls out a new column, "Mindful Connections." In 2011, the DCBA formed the Mindfulness inLaw Committee, of which I was a founding member. “Now, almost a decade later,” writes Scott Rogers, itsco-founder (with Judge Alan Gold), “we are delighted to be joining together as members of the DadeCounty Bar to learn about and practice mindfulness and other meditative practices.” There is no timelike now to be mindful, especially during pandemic times. In the column you will read and learn techniquesto aid you and your families in navigating life, and on the DCBA website you will find a growing number ofhelpful mindfulness resources. With the legal profession embracing the digital world, we will reinvigoratethe "Tele-Meditation" series that we began in collaboration with Miami Law back in 2012, and evolve it into"Mobile Mindfulness," a weekly 15-minute period of guided practice over Zoom. These sessions will offer avariety of voices with the original roster of facilitators, including Professor Scott Rogers and attorney andlongtime meditator, Tony Recio, along with guest teachers, both local to our community and of nationalrenown. Read more about these and other offerings and opportunities in the new column. Thank you for reading the Bulletin. Circumstances put us in places to love and to lead. We are each"presidents" of our lives and destinies. I'm grateful to celebrate our blessings every day and ourunbreakable connections to each other. Stay blessed, safe, and strong.

“Mindfulness is a wonderful vehicle through which we come to see ourselvesmore clearly and cultivate a greater capacity to meaningfully embrace the

challenging and exciting moments of our lives.” — Scott Rogers

“Mindfulness is awareness that arises through paying attention, on purpose, inthe present moment, non-judgmentally.” — Jon Kabat-Zinn

President's Message Contiuned

Gilbert K. SquiresDade County Bar Association President

MITAKUYE OYASIN (WE ARE ALL RELATED)From the Lakota (Sioux) Language in their Yankton prayers

Membership Benefits

Membership runs for a calendaryear, from July 1st to June 30th

Exclusive invitations to members-only

events

Weekly e-newslettersand quarterly

bulletins

Become a Member Today! Renew your Membership!

https://www.dadecountybar.org/general/register_start.asphttps://www.dadecountybar.org/login.aspx

DCBA OFFICERS

President – Jane MuirPresident Elect - Sabrina PuglisiVice President - Eric Hockman

Secretary - Suzette RussomannoTreasurer - Charise Morgan-Joseph 

Group One Directors

Melissa Jordon

Group Two Directors

Brittany BonnerStuart Weissman

Group Three Directors

Adriana Collado-HudakEvelina Libhen

Group Four Directors

Jacqueline ArangoBelinda BaconJeff Cynamon

Group Five Directors

Stanford BlakeRichard Leslie

YOUNG LAWYERS

SECTION OFFICERS

President - Kristen Corpion President-Elect - Scott Merl

Secretary: Richard ShaneTreasurer: Tiffany-Ashley Disney 

 YLS Directors

Robert BlumbergMichael Levine

Juan OlanoRodrigo Palomino

James SlaterCristina Laramee Souto

Alice Weeks

CONGRATULATIONS TO

OUR NEWLY APPOINTED

OFFICERS AND DIRECTORS!

https://www.dadecountybar.org/page/dcbaleadershiphttps://www.dadecountybar.org/page/dcbaleadership

YLS President's Message

CLEs virtual and digitizing material. We willcontinue to put out content that will help thistransition in virtual life go more smoothly. TheBar will continue to support our community togive it all the tools needed to not onlysucceed, but thrive in these uncertain times.

By Isabella Poschl

As I write this, it has been two months since I havestepped foot in my office. Every single facet of mydaily life has changed, as I am sure it has for youtoo. As I have adjusted my routine, the thing thathas stayed consistent has been my desire forsocial interaction. I need someone to commiseratewith, brainstorm with and to talk me down from theledge when my studio apartment feels much toosmall. In these unprecedented times, community ismore important than ever. Zoom happy hour withthe YLS has certainly filled that void. Since we lastsaw each other, the group had not only added anew director, but some new baby faces after acouple of the Directors had been out onmaternity/paternity leave. I find myself desperatefor this virtual face to face contact, leading me toFacetime friends and family when it easily couldhave been a text or call. I even do it at work,getting giddy when a meeting is scheduled to bevideoconferencing. To make it out of this pandemicwith some semblance of mental health left, weneed to give into this need for human contact, evenif it is adjusted for our new virtual world. The onlycoworker I have access to, my dog Maxie, hasproven to be very unhelpful when it comes todiscussing case strategy, unless you count snoringas a response.

Skyping my coworkers has been extremely helpfuland overall beneficial for not just my work, but formy mood and productivity. While some of thesetechnologies may feel new and foreign to us, now isthe time to embrace them. As our world, and theway we practice law, evolves, we need to evolvewith it. The DCBA and DCBA YLS have workedtoward this goal by CLEs virtual and digitizingmaterial.

Professionalism During the PandemicBy Honorable Natalie Moore

It goes without saying that these are difficult times.Now, more than ever, professionalism is required.These times call for more than just civility. Weneed communication, understanding, and patience. I have a two-year-old and a four-year-old. When Iconduct virtual court hearings from home, I closethe door and put a sign up that says “STOP –Mommy Working.” The two-year-old cannot read,and the four-year-old has the patience of, well, afour-year-old. The sign on the door means nothingto a kid who wants his snack. I hold a lot ofhearings, and I work hard to minimize distractions.But the occasional interruption is inevitable. I am both a mother and a judge. These two roleshave always overlapped, but with the new co-mingling of work and home life, they cansometimes collide. I depend on the patience andunderstanding of others when that happens. It is not just those of us with children whostruggle… Some of us are caring for elderly family memberswhose needs or living situations have changed.We don’t know when or what will be needed. Thatcan mean last-minute schedule changes orcancellations. You may be in a hearing with an attorney whosehome isn’t big enough to have an office or even adesk as a dedicated workspace. Or who may needto sit by the washing machine to get a wi-fi signalthat is strong enough to Zoom.

A lawyer could have staff working remotely, or notworking at all, making it difficult to communicate, toschedule, to review files, or to comply withdiscovery. Each of us may be impacted by another’s situation.Cancellations, issues with scheduling, delays inresponses, and the occasional toddler. Theseissues may frustrate you, but consider how theother attorney feels, trying to explain thatcancellation to a client, or telling the two-year-oldthat daddy needs five more minutes before he canbuild a Lego car, and worrying about how you orthe judge may react! Every one of us has a reason why this time is sodifficult. Someone may have health issues, financialstruggles, or issues at home. The saying goes: “BeKind. Everyone is fighting a battle you know nothingabout.” Now more than ever, we should allremember that saying. So, what is professionalism during this pandemic? Ithink remembering context is key. What was anemergency six weeks ago may not be one now. Arequest for a delay has a different feel. As youweigh your responses to issues that come up,pause and put them in context. In light of thecurrent situation, how should you respond? Communication is also essential. Tell opposingcounsel that you need additional time rather thanjust missing a deadline. Let the judge know thatyour wi-fi signal isn’t strong, or that your kid maycome in asking for help finding his yellow t-shirt.

The Hon. Natalie Moore presides

over a County Civil division in the

North Dade Justice Center. She

currently serves on the DCBA

Professionalism Committee.

If you explain your situation, judges, clients,and opposing counsel will be more likely tounderstand. Finally, be the attorney who is understanding.Be gracious, be patient, and be flexible. Let’sextend professional courtesy as much as wecan. Every lawyer has a duty to advocate fortheir clients, but you can do so while stillgiving deference to the professional andpersonal struggles we are all managing. Yes, being on time, dressing appropriately,and remembering that we are professionalsmatters. But, as we navigate these toughtimes, we can uphold the dignity of ourprofession and be effective advocates whilealso being mindful of the hardships andchallenges we all face.

DCBA COVID - 19 Resources

Florida Supreme CourtEleventh Judicial CourtThird District Court of Appeal

World Health OrganizationCenters for Disease Control and PreventionThe Florida Department of Health in Miami Dade County

In light of the extraordinary challenges we are facing during this global pandemic, our commitment to yoursuccess is stronger than ever. Our immediate focus is on virtual resources you can use now. Visit the DCBACOVID-19 Resources Page for new and helpful links. Additionally, many court systems have createddedicated web pages as a one-stop source for all information relating to on-going operations. We encourageyou bookmark and visit each page frequently for future updates.

We are encouraging everyday preventive actions to help prevent the spread of COVID-19. For additionalinformation about good health practices and the coronavirus, visit the following sources:

https://www.floridasupremecourt.org/https://www.jud11.flcourts.org/coronavirushttps://www.3dca.flcourts.org/https://www.who.int/https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fprepare%2Fprevention.htmlhttp://miamidade.floridahealth.gov/https://www.dadecountybar.org/page/covid19resources

Legal Foundations: H.T. Smith, Jr., EsquireBy Cynthia A. Everett

“The Power of Persistence…” This phrase perfectly defines attorney H.T.Smith. Harold Teliaferro Smith, Jr. was born in the Miami neighborhoodof Overtown as the first of four siblings. He was educated in thesegregated schools of Miami-Dade County, graduating from Mays HighSchool in South Miami-Dade. He recalls that his first girlfriend inelementary school was Florida’s first Black female judge, Leah Simms. When asked if Judge Simms knew that she was his girlfriend, he admits“I’m not sure that she knew.” H.T. continued his educational pursuits,later receiving his bachelor’s degree in mathematics from Florida A & MUniversity and a commission as a Second Lieutenant in the United StatesArmy. During H.T.’s military service in Vietnam, he observed many Blacksoldiers being unfairly charged and disciplined and he beganrepresenting them. It also became clear to him that the American peoplewere not being given accurate information regarding the Vietnam War,and he made up his mind that he wanted to be a lawyer fighting forfairness, truth and transparency. Upon completing his military service, H.T. successfully petitioned theUniversity of Miami to attend law school without having taken the LSATentrance exam. When questioned about his lack of an LSAT score, hepointedly told the administration that the LSAT was not administered inVietnam. He was admitted to UM Law School in 1970. He now serveson the Board of Trustees for the University of Miami. H.T. was Miami-Dade County’s first Black Assistant Public Defender andfirst Black Assistant County Attorney. Thereafter, he joined with HaroldLong, the second Black graduate of the University of Miami Law School,to form the law firm of Long and Smith, P.A., focusing on criminal law,civil and civil rights litigation. The law firm defended individual clients andrepresented local and national corporate and public clients. In 1981, H.T.began a solo practice which continues to this day, specializing in civil andcriminal trials. His success in overturning a death sentence imposed ona family friend, while creating new law regarding sequestration of juries,is cited by H.T. as his most significant legal victory. In addition to his trial practice, H.T. is the founding Director of the TrialAdvocacy Program at Florida International University’s College of Lawwhich was formed in 2003 and where he continues to teach. In 2006, thelaw students presented him with the “Pioneer Award” for his consistentcommitment to excellence as a legal educator. The Black law studentsalso named their association after him. He has been continuallyrecognized as one of the top trial lawyers in the United States. H.T. was the founding president of Miami-Dade’s Black LawyersAssociation now known as the Wilkie D. Ferguson, Jr. Bar Association. He is a past president of the National Bar Association, which is theoldest and largest bar association in the United States supportingminority law students, attorneys and judges which was formed in 1925 inIowa in the wake of the refusal of the American Bar Association to admitBlack lawyers as members.

H.T. was a founder and chair of the South Florida Coalition for a Free SouthAfrica. This organization joined the International Free South Africa Movementand was responsible for stopping the sale of Kruggerands and other SouthAfrican products in Miami-Dade County, preventing South African citizens fromparticipating in local events such as the Miss Universe Pageant and the MiamiGrand Prix, drafting legislation to preclude local governments from doingbusiness with South Africa and persuading the University of Miami to divest itsinvestments from companies doing business in South Africa. Two of H.T.’sproudest moments were when Nelson Mandela was released from prison andlater, having the privilege of meeting President Mandela. Though Mr. Mandela’s freedom was cause for celebration in many parts of theworld, his planned visit to Miami-Dade County was not welcomed by some. Spurred by a snub of Mr. Mandela by some local elected officials, and a brutalattack on peaceful Haitian demonstrators by City of Miami police officers, aBoycott Miami campaign was instituted by local Black lawyers, and H.T. served as a co-spokesperson with attorney Marilyn Holifield for the campaign. As a result of the campaign, an economic blueprint to address Black economicdisparity in the tourism industry was implemented resulting in a Black-ownedhotel on Miami Beach and increased participation by Black residents in allaspects of Miami-Dade County’s hospitality and tourism industry. H.T.considers his participation in this movement to be his greatest legalcontribution as it showcased lawyers at their best: advocating on behalf ofdisenfranchised persons, thinking strategically, and acting with discipline andintegrity. The boycott campaign lasted over 1,000 days and has beendescribed as the most successful boycott since the 1955 Montgomery BusBoycott.

In 1995, H.T., along with Miami lawyers Hank Adorno and Dean Colson, raised$4 million dollars to build the NFL Yet Center at Gwen Cherry Park in Miami. H.T. continues his service to the Center as chair of the Gwen Cherry ParkFoundation. In 1997 he chaired the Declaration of Rights Committee of theFlorida Constitution Revision Commission and in 2002, he fought for equalrights for members of the LGBTQ community when he served as co-chair of thesuccessful “Say No to Discrimination” election campaign. .T.’s recognitions and honors are numerous but he highlights a few: The MiamiHerald’s 1993 Charles Whited Spirit of Excellence Award which he received inthe midst of the Boycott Miami campaign, the National Bar Association’sGertrude Rush Award which is named after the only female

Legal Foundations: H.T. Smith, Jr., Esquire continued

founder of the National Bar Association and the first Black female lawyeradmitted in Iowa, the Dade County Bar’s Judge David DyerProfessionalism Award recognizing a lawyer or judge exhibiting thequalities of integrity, humility, compassion and professionalism and the11th Judicial Circuit Historical Society’s Legal Legends Award. Of course,he says that his greatest honor is having been “Dad” to his threedaughters. His biggest regret is not having mastered a musicalinstrument, but he says there is still time to do so. H.T. credits his maternal grandmother as the strongest and smartestperson in his family. She worked as a maid on Miami Beach for 52 yearsand saved enough money to buy a house in cash. He recalls going towork with her one day where she was paid eight dollars and car fare for afull day’s work cleaning a house and taking care of children. She alwaystold him “don’t be denied, if you have a dream”. H.T. has lived his life in accord with the words of Martin Luther King, Jr.who said “The time is always right to do the right thing.” We are fortunateto have H.T. Smith, Jr. as a pillar and foundation of our legal community.

Cynthia A. Everett is the founder of

Cynthia A. Everett, P.A. She is a

former member of The Florida Bar

Board of Governors and a past

president of the Wilkie D. Ferguson, Jr.

Bar Association and the Gwen S.

Cherry Black Women Lawyers

Association..

Constitutional CornerJudge Milton Hirsch

Davis having been admitted to bail, he and hiswife traveled to Canada to be with their adultchildren. (This would constitute a materialbreach of the bail agreement under present-daylaw. Things were different in 1867.) O’Connor later advised Davis never to return tothe United States, assuring him that thesureties on his bond would much sooner seethe bond forfeited than see Davis convicted andexecuted. (This would be grossly unethical andcriminal if done by a lawyer today, and wasalmost certainly considered unethical eventhen. Things weren’t that different in 1867.) But President Johnson subsequently ordered ageneral amnesty, and Davis was never broughtto trial.

Although the Eighth Amendment does not provide asubstantive right to bail in a federal criminal case,see United States v. Salerno, 481 U.S. 739 (1987);Stack v. Boyle, 342 U.S. 1 (1951); it does requirethat bail be adjudicated in a manner consistent withdue process. On Monday, May 13, 1867, JudgeUnderwood of the United States District Court sittingin Richmond, Virginia, was obliged to determine whatprocess was due as to the bail application filed onbehalf of the defendant before him. The defendant’s name was Jefferson Davis. He wascharged with the crime of high treason. He faced thedeath penalty. Davis had been held in military custody at FortressMonroe. President Andrew Johnson ordered Davis’sjailer, General Burton, to surrender him to thecustody of the civil authorities. Davis and his wifewere transported by steamer to Richmond, wherenot long before he had presided over theConfederacy. A large crowd gathered to receive theDavises. Some sought to touch the hem of his coat.As Mrs. Davis passed, a voice from the crowd calledout, “Hats off, Virginians” – and every head wasbared.

Davis’s attorneys were well prepared for theirhearing. They had recruited prominent and wealthynorthern Republicans to serve as sureties onDavis’s bail – among them New York publisherHorace Greeley, noted abolitionist Gerrit Smith, andCornelius Vanderbilt. So many Virginians beggedto serve as sureties that the defense had to askthat the bail amount, originally set at $100,000, beincreased to $110,000 in order not to excludeanyone. The defense also offered non-monetaryconditions of pretrial release: Lead defense counselCharles O’Connor of New York suggested thatDavis be admitted to what today would be termed“house arrest” at O’Connor’s estate in what wasthen far exurban Manhattan but is now WashingtonHeights. (Under present-day cannons of ethics, adefense attorney cannot also serve as a surety forhis client. Things were different in 1867.) The defense was also well prepared as to the law.They cited Alfred Conkling’s Treatise on theOrganization, Jurisdiction, and Practice of theCourts of the United States, the Judiciary Acts of1789 and 1793, and two reported opinions, all forthe proposition that a federal court could grant bailin a capital case.

Judge Milton Hirsch

Mindful Connection “Connection is Everything”

The Dade County Bar Association was one of thefirst legal organizations in the country to addressmindfulness in law. As President Squires notes inthis month’s President’s Message, the Mindfulnessin Law Task Force and Committee was conceivedin 2011 by Judge Alan Gold and me. It wasestablished with the support and guidance ofDCBA president and president elect, Steven Davisand Andrea Hartley, Federal Bar Associationpresident and president elect, Brett Barfield andCandace Duff, and a group of judges and attorneysincluding Jennifer Bailey, Robert Coppel, JanJacobowitz, Sandy Karlan, George Knox, ChrisMcAliley, Patrick Montoya, Tony Recio, AmyRonner, Arthur Rothenberg and Gilbert Squires. CONNECTION AND GRATITUDE It is with sincere thanks to each of them that weusher in this new column, “Mindful Connection,” aswithout our shared sense of connection to eachother, it is unlikely that the DBCA would be gettingready to celebrate a decade of mindfulnessleadership in our community. As a personalmatter, I would like to express my profoundgratitude to former and current Miami Law deans,Patricia White and Tony Varona, and to GeorgieAngones and Raquel Matas, for their support andthat of the University of Miami School of Law, andto Paul Singerman and Harley Tropin for theirgenerosity and efforts integrating mindfulness intolegal education and across the legal profession. In the intervening years since 2011, mindfulnesshas become a mainstay in the profession,

llargely as state bar associations have recognizedits importance and law schools have infusedmindfulness into the law school educationalexperience. The Florida Bar’s past president andpresident elect, Michael Higer and Dori Morales,have been among those most vocal and influentialin situating mindfulness among the primary pillarsof lawyer and law student wellbeing. It is notableand instructive how fundamental leadership is tothese efforts and how in every instance we see abaton being passed from dean to dean, president topresident. This tradition continues at the DCBA withits president-elect, Jane Muir. Indeed, connection iseverything. A ROAD MAP: ARTICLES, WEB RESOURCES,WEEKLY PRACTICE OPPORTUNITIES Moving forward this column will connect readerswith lawyers and judges who have studied andpracticed mindfulness, found it to benefit them intheir personal lives and enrich their professionalcareers, and who wish to share their experienceswith others. The DCBA website will makeaccessible mindfulness resources and the manymindfulness articles that have been published overthe past decade, beginning with Judge Gold’sinaugural pieceon mindfulness and civility. Forthose interested in meditating together with a senseof community, beginning in June the DCBA will becollaborating with Miami Law in offering a weekly15-minute guided practice over Zoom, called“Mobile Mindfulness.” These are scheduled forFridays from 12:30-12:45 and

Scott Rogers is founder and director of theUniversity of Miami School of Law’s Mindfulness inLaw Program, and the University’s MindfulnessResearch and Training Initiative. He is a nationallyregarded expert on mindfulness and has beensharing mindfulness with members of the legalprofession since 1992. Scott can be reached atsrogers@law.miami.edu. You can watch his recentMorning Cup of Zen collection of mindfulnessmeditations by visiting http://bit.ly/milcoz.

will be facilitated by me, Tony Recio, AliceLash, and a guest teacher on an alternatingbasis. MINDFUL CONNECTIONOur interconnectedness as a profession, asociety, and a world has always beenapparent, though our dependence andinfluence on each other is more palpable thanever before. Moreover, our connection withourselves—and the self-awareness and self-compassion that flow from this deep knowing—in turn influences the ways we connectwith, and relate to, each other. Mindfulnesspractices offer a reliable and effective meansof cultivating greater wisdom, compassion,and, in turn, wellness, and we look forward toour ongoing journey together as members ofa noble profession to learn about and practicemindfulness in its many forms.

Scott Rogers

http://www.miamimindfulness.org/practices/cup_of_zen.html

Alice Sum, Fowler White BurnettBrendalyn Edwards, Universal Property & Casualty Insurance Company

Working Women Lawyers: Can you have it all, all at once?Honorable Ayana Harris

Adrianna Collado-Hudak, Greenspoon Marder LLPElisa D’Amico, K&L Gates, President - Miami-Dade FAWL

Katie Phang, Katie S. Phang, P.A.

Javier Reyes, Bell Rosquete Reyes PLLC, Co-Chair Civil Litigation CommitteeElliot Kula, Kula & AssociatesHonorable Stephanie Silver

Jane Muir, J. Muir & Associates, DCBA President-ElectHonorable Martin Zilber

Gilbert Squires, Squires International Law and DCBA President

March 6, 2020 Bench & Bar Conference at the UM Donna Shalala Center

Our 2020 Annual Bench & Bar was a success! Thank you to everyone who made this event possible from our Program Chair, Sabrina Puglisi, amazingpanelists, 40 sponsors, 16 VBA sponsors, and more than 300 attendees! See some of our favorite highlights below. For the complete Bench & Bar Photo

Gallery please click here.

If you weren't able to make it, don't worry. All of the sessions were recorded and are available here!

Strategies for Recruiting and Retaining Diverse TalentBrendalyn Edwards, President of the Gwen S. Cherry Black Women Lawyers Association

Raoul Cantero, White & CaseHarry Wallace, Assistant U.S. Attorney

Johane Domersant, Senior Director & Assistant General Counsel - Ryder SystemsDarryl Lewis, Chief Legal Officer, Universal Insurance Holdings

Nikki Lewis Simon, Greenberg Traurig

Happiness As a Young LawyerMichael Levine – Stewart, Tilghman, Fox Bianchi and CainAmber Kornreich – Law Offices of Kornreich & Associates

Anthony Sirven – Holland & KnightIris Elijah – Associate General Counsel, FIUMark Eiglarsh – Law Offices of Mark Eiglarsh

The Impact of a Diverse Judiciary on the Legal Profession and the CommunityMaria Dantes Sanchez, Vice President and Regional General Attorney, Liberty Mutual Group

Honorable Marcia CaballeroFrances Guasch, Holland & Knight, President of CABA

Honorable Nushin SayfieTiffani Lee, Partner for Diversity and Inclusion - Holland & Knight

https://www.dadecountybar.org/gallery/ViewAlbum.aspx?album=16122236https://www.dadecountybar.org/store/default.aspx

Legal Foundations: Edith G. Osman, Esquire

As the daughter of Holocaust survivors growing-upin the Bronx, Edith Osman did not necessarilyimagine herself becoming a successful attorney,no less the second female president of the FloridaBar. In fact, at the time, there are likely few whowould have predicted it. Times were tough, moneywas tight, and the memory of Holocaust was acloud on her childhood. Nevertheless, Edithpersisted. HER EARLY YEARSEdith’s parents, Judith and Arthur Udem,emigrated from Latvia to New York during WorldWar II. Edith was born in Manhattan and raised inthe Bronx with her brother, Stephen. She recallsthe difficulty of growing up as a second-generationHolocaust survivor. While the Holocaust was ever-present in her home because both of her parentswere the sole survivors of their families, the worldaround her was silent on the subject of theHolocaust. This left Edith with a sense of“otherness” that was very challenging. But, as withall classic heroes and heroines, from strugglecomes strength. In Edith, this strength manifesteditself in her drive to succeed. It is this drive, thisRocky-like quality in her, that makes Edith theformidable, accomplished, vivacious woman she is. Her parents, both college graduates,strongly emphasized the importance of education –“that which can never be taken from you”.Understanding its importance, Edith pursued hereducation and attended State University of NewYork (SUNY) at Stony Brook and her junior year atthe University of Madrid. She married shortly aftergraduation. Her husband had been accepted to medical schoolin Belgium, so they packed-up and moved toAntwerp. Edith lived there for three years duringwhich time her first child, Jacqueline, was born.She remembers those years fondly and says thatliving abroad allowed her to experience life inanother country and imbued in her a lifelong loveofother cultures, travel and adventure. Edith’s decades-long love affair with Miami beganwhen she and her family arrived here for herhusband to complete his medical education at “TheU”. Ever the go-getter, Edith obtained a teachingcertification and taught school to help supportthem. She also welcomed her second child,Daniel.

FINDING THE LAWIt was at this point that Edith decided to go to lawschool. She explains that she had a deep desire to,“have a successful professional career of her own.”If Edith’s Rocky-like quality is not yet apparent, itwill be upon learning that she attended andgraduated from the University of Miami School ofLaw, cum laude, while raising two small childrenunder the age of six. Anyone with children wouldacknowledge that this is no small feat. Edith began blazing a trail in the legal profession assoon as she graduated from law school, and hascontinued to do so ever since. Edith has worked forsuch prestigious Miami firms as Podhurst Orseck;Kimbrell & Hamann; and Dunn & Lodish. Initially,her practice consisted primarily of commerciallitigation. In 1993, she took the bold step of openingup her own firm. It was at her firm that she took herfirst foray into family law. An important client asked Edith to handle hissister’s divorce and, later, to represent him in hisown. Never one to shy away from a challenge,Edith took the cases, co counseling with a friendexperienced in family law. This opened the door toan entirely new area of law that became a specialtyand large portion of her practice. Having gottendivorced herself a few years after graduating fromlaw school, Edith was able to relate to her clientsand was uniquely sensitive to their circumstances.

More importantly, she felt that she had theability to help people and families to navigatethis time of crisis in their lives. In short, herwork had a huge impact, which gave her asense of purpose. In 1998 Edith became a shareholder at thelaw firm of Carlton Fields, a place she hascalled her professional home for the past 22years, where she continues to practice familylaw and commercial litigation and is an adeptmediator. She credits the firm for its history ofcommitment to the legal profession andcommunity at large. She is proud to reportthat the firm has produced four Florida Barpresidents: W. Reece Smith, Jr., LeonardGilbert, Gwynne Young and Edith. “CarltonFields has supported me in every aspect ofmy career and my professional engagement”. A LEGACY OF SERVICEIn addition to being a tireless advocate for herclients, she has devoted her boundlessenergy to serving the legal profession andcivic community. While she is best known for her pioneeringrole as the second female president of theFlorida Bar, Edith was similarly a dedicatedpresident of the Florida Association forWomen Lawyers (FAWL) in Miami-DadeCounty and then statewide.

By Natalie M. Rico

There she worked to increase the visibility andsignificance of the organization in the legal world and fought tirelessly to promote the equaltreatment of women in the profession. Edith alsoserved as president of the Florida Supreme CourtHistorical Society, the First Family Law AmericanInns of Court, and the Council of Voluntary BarPresidents. Never one to rest on her laurels, following herFlorida Bar Presidency, Edith began a long careerof service with the American Bar Association. Sheis currently the State Delegate for Florida in theABA House of Delegates, a member of theNominating Committee, the House of DelegatesSteering Committee, the Hispanic Commission,and on the board of the Fund for Justice andEducation. She has been a member of the ABAHouse of Delegates for 20 years, served on theABA Board of Governors for three years, and hasserved on countless committees and commissions. Today, her devotion to social justice continues. Inaddition to Bar service, Edith serves on theExecutive Committee of the Anti-DefamationLeague, the Executive Committee of the FloridaSupreme Court Historical Society, the ExecutiveCommittee of Temple Beth Am, the University ofMiami Law Alumni Board, the Miami BeachHolocaust Memorial board, and the Board ofFlorida Children’s First. Edith has also participatedin the International March

of the Living, “an annual educational program,bringing individuals from around the world toPoland to study the history of the Holocaust and toexamine the roots of prejudice, intolerance andhatred.”It should come as no surprise that Edith hasbeen honored for her professionalism andcontributions by many organizations. Most notably,she has received the David W. DyerProfessionalism Award from the Dade County BarAssociation; the Anti Defamation League’sJurisprudence Award; the Lifetime AchievementAward from the Daily Business Review; SouthFlorida Business Journal’s Most Influential WomenAward; the Rosemary Barkett OutstandingAchievement Award from FAWL; and the HenryLatimer Professionalism Award from the Universityof Miami School of Law. When asked to name her greatest professionalachievement, Edith immediately says, “serving as President of the Florida Bar.” Her decision to runfor the office was motivated by her desire to “opendoors for women” to serve in leadership roles in theFlorida Bar. As only the second female president ofthe Florida Bar, she believed that “having a womanas Bar President should not be an isolatedoccurrence.Women need to demonstrate theycould win elections and capably steward our bar.”In her view, that was an essential element ofbreaking the glass ceiling.

To that end she is a firm believer that you,“lead by example,” which she did, withdistinction. While she may not haveacknowledged it in her youth, her family’sHolocaust history instilled a deep sense ofsocial justice in her. Because of it, sheconsistently used her leadership roles toestablish programs to assist minorities andmarginalized groups. In addition to the manyinitiatives that Edith created and worked on asBar President, she spearheaded a first-of its-kind historical collaboration between theFlorida Bar and FAWL in a project to honorthe first 150 women lawyers in Florida. Thisproject resulted in the creation of a publishedbook about these pioneering women, a 900person gala dinner and a Florida SupremeCourt ceremonial session. When asked toname her greatest personal achievement,Edith immediately says, her family… herchildren, her grandchildren and her eversupportive and loving husband Paul. Whosaid you can’t have it all!!! Edith is a gracious, sharp, impressive womanwho has served our profession andcommunity in invaluable ways. This Barbecame extraordinarily fortunate the day ayoung woman from the Bronx decided shewanted to practice law in South Florida.

Legal Foundations: Edith G. Osman, Esquire continued

Dade Legal Aid Free Legal Helpline

Miami, FL - As residents approach the third monthof dealing with the pandemic, the staff at DadeLegal Aid and Put Something Back Pro BonoProject in Miami continue to assist low-incomeclients remotely with a variety of civil legal matters.Services include: protection against domesticviolence, divorce, paternity, children’s legalservices, guardian as litem, guardianship,consumer, collection, housing and bankruptcy, andinclude a Covid-19 Legal Helpline housed at theDade County Bar Association and staffed by lawstudents from the University of Miami School ofLaw and lawyers from the local Bankruptcy BarAssociation. “We wanted to continue to assist individuals infinancial distress and help the community in crisis,”said DCBA Board Member, Patricia Redmond,Esq. Shareholder, Stearns Weaver Miller, who,along with Allison Day, Esq., Shareholder,Genovese Joblove & Battista, serve as AdjunctProfessors at University of Miami Law School‘sEleanor and A. Jay Cristol Bankruptcy Clinic inconjunction with Put Something Back.

"With layoffs, evictions, and unemploymentescalating, we organized a virtual pro bono helplineat Dade Legal Aid in March,” added Redmond. “The majority of callers are experiencing issuesregarding bankruptcy, eviction, The CARES Act,domestic violence, taxation or unemployment.” This summer, the University of Miami School ofLaw added a Bankruptcy Clinic for law studentsseeking to make a meaningful difference by givingback to others. The helpline is held at Dade LegalAid’s offices located on the first floor of the DadeCounty Bar Association building in Downtown,Miami. After orientation and training, law studentsretrieve calls and review them under thesupervision of a pro bono attorney before callingback to inform them how to proceed. Those thatqualify and are in need of full legal representationfor bankruptcy, eviction, domestic violence, taxationor unemployment are directed to an onlineapplication for placement with one of PutSomething Back’s pro bono attorneys.

Put Something Back is the oldest and largestpro bono project in Miami-Dade County.Since it’s inception the project has assistedthousands of indigent individuals, childrenand families. Bruce Levine, Esq., Pro BonoDirector and coordinator of the manyattorneys volunteering time through this crisissaid, “It is easy to volunteer your time bysimply answering a few questions or providingbrief services to a low income person in need.We are grateful to the volunteer attorneyswho “put something back” through ourprogram that provides free cle training, trialtips and mentors with decades of experience. The Bankruptcy Covid-19 Helpline Servicesare available in English, Spanish and Creole.Call 305-579-5733 ext. 2237 for help inMiami-Dade or applyonline www.dadelegalaid.org

https://www.dadecountybar.org/events/EventDetails.aspx?id=1304274&group=