“Firms hold sensitive,

confidential information about

their clients and their clients’

businesses. … This diverse

and extensive information

makes law firms attractive targets for hackers who

recognize the value of such data.”

“A Century of Service to Miami-Dade County”

Programs and Services That Help You GROW Your Practice, GAIN Experience & GIVE Back

BULLETIN

MARCH 2019

IN THIS ISSUE:Emerging Trends in Surgical Robotics Product Liability LitigationPage 2

Save the Date: Service Juris Day on May 4th

The Constitutional CornerPage 3

Ethics Applied to Attorney’s Use of Artificial IntelligencePage 4

Judicial Nominating Commission Luncheon

The Future of Sustainable and Resilient DevelopmentsPPage 5

Dade Legal AidPage 6

Business Development: What Can You Do to Stop the Feast or Famine Cycle?Page 7

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Cyber Security – How to protect yourself. A quick introduction to a hot topic.

We have all seen the headlines regarding the constant threats in cyberspace and we cringe when we see law firms who have encountered breaches. I recently attended an American Bar Association program for Bar Presidents at which they emphasized that cyber security remains a key issue for law firms. Below, I share high level take-aways from that program and other materials I have reviewed that may guide your efforts to begin to address what can be an overwhelming topic.

Why Are Law Firms Attractive Targets?Firms hold sensitive, confidential information

about their clients and their clients’ businesses. The information can range from personal health and financial information gathered during a divorce, estate planning or personal injury case, to corporate trade secrets relating to patent filings, potential acquisitions and internal and governmental investigations. This diverse and extensive information makes law firms attractive targets for hackers who recognize the value of such data. Additionally, some believe that firms are considered targets because traditionally they have had weak defenses, have multiple areas for potential system penetration, and have been willing to pay for stolen data after a breach.

How Are Firms Targeted?There are various ways a firm can be targeted.

Some include:

Phishing and Email Hacks – Attackers try to trick a user to log into a fraudulent system or provide their login information to gain access to your system and download malicious malware.

Ransomware – Through the use of malicious software, attackers take control of your system or network and require you to pay a ransom to get access back.

Through Third Parties – Many firms rely on third parties in connection with eDiscovery, IT services, and data management including cloud services. Firms should inquire into and evaluate how vendors are securing their systems and the information being shared with them.

How Can Law Firms Protect Themselves?A few steps include:

• Engaging senior management in cyber security preparation and implementation to show its importance and ensure it gets the resources it needs.

• Regularly conducting risk assessments of firm systems. The risk assessment should include an understanding of what hardware and software the firm uses and internal and external testing to see what parts of the system may be vulnerable.

• Preparing for a potential breach. A firm should develop and continue to update a detailed incident response plan. The plan should lay out what will happen and who will be responsible for making sure it does.

• Implementing policies and processes on data and devices and regularly updating them. For example, policies should discuss what activities are and are not permitted on firm devices, when personal devices can be used for firm work, and password use requirements.

• Initiating employee awareness and regular training programs on the policies and other best practices. For example, training should remind employees to lock their workstations when they get up, to vary their passwords and to read and analyze emails to determine if they should respond or open attachments.

• Regularly updating the technology measures employed to protect the firm including anti-malware software, encryption security products, device tracking and backup and archiving protocols.

I highly encourage you to review additional materials and articles, including information available through the American Bar Association (https://www.americanbar.org/groups/cybersecurity/) and the Florida Bar (which has cyber security services, including insurance, available to members at https://floridabar.memberbenefits.com/cyber-security/) and consider engaging individuals within your firm to become information technology experts. And, remember to regularly track the latest threats, analyze your systems in connection with them and share information about data threats. A culture of constant vigilance can protect you and your clients.

Stephanie L. Carman

Stephanie Carman102nd President of

the Dade County Bar

PRESIDENT’S MESSAGE

2 DCBA BULLETIN | MARCH 2019

DADE COUNTY BAR ASSOCIATIONBoard of Directors 2018-2019

OFFICERSSTEPHANIE L. CARMAN, President*

GILBERT K. SQUIRES, President-Elect*JANE MUIR, Vice President*

SABRINA PUGLISI, Secretary*ERIC HOCKMAN, Treasurer*

JACQUELINE KIVIAT, Executive Director

JOHNNIE M. RIDGELY, Executive Director (1965-2006)

GROUP ONELATOYA BROWN

JULIAN JACKSON-FANNINMELISSA JORDAN

GROUP TWOSTELLA CHU

NATALIE RICOSTUART WEISSMAN

STEPHANIE GROSMANJACQUELINE LEDON

JAIME VINING

GROUP THREEPATRICK MONTOYAZACHARY JAMES

MIRANDA LUNDEEN SOTOALICE SUMIRENE ORIA

EVELINA LIBHEN

GROUP FOURTHOMAS SANTORO

JACQUELINE ARANGOJEFF P. CYNAMON

JULIE HARRIS NELSONLORI SOCHIN

GROUP FIVERICHARD LESLIESCOTT L. BAENA

STANFORD BLAKEDAVID ROGERO

NEIL ROBERTSONPATRICIA REDMOND

RICHARD LESLIE, ABA Delegate

DADE COUNTY BAR ASSOCIATIONYOUNG LAYWERS SECTION

BOARD OF DIRECTORS 2018-2019

OFFICERSEVIAN L. WHITE DE LEON, PRESIDENTISABELLA POSCHL, PRESIDENT-ELECT

KRISTEN CORPION, SECRETARYSCOTT MERL, TREASURER

2018-2019 DIRECTORSMICHAEL T. DAVIS

RACHAEL MITCHELL FAGENSONAMBER KORNREICHDANIEL ROWINSKYRICHARD D. SHANE

JIHAN SOLIMAN

2018-2020 DIRECTORSMARIANNE CURTIS

TIFFANY-ASHLEY DISNEYDARYL GREENBERG

MICHAEL LEVINERODRIGO PALOMINO

NIKKI RIGLJUSTIN STIVERS

BULLETIN COMMITTEEKATHERINE MASTRUCCI, CO-CHAIR

MIHAI VRASMASU, CO-CHAIR123 NW FIRST AVENUE #214

MIAMI, FLORIDA 33128305-371-2220

EX – OFFICIOSOOKIE WILLIAMS

Emerging Trends in Surgical Robotics Product Liability Litigation

Over the last decade, robotics have revolutionized healthcare. Surgical robots are rapidly making their way into many of our

nation’s operating rooms, and are being used in a wide variety of surgeries ranging from gynecological to ocular procedures. Their popularity stems not only from their relative ease of use, but also from their potential for improved patient outcomes and decreased recovery time.

As with any device or product, however, surgical robots and the companies that make them have not been immune from product liability lawsuits. The leading maker of surgical robots has faced the brunt of these attacks from hundreds of plaintiffs. Though less than a handful of cases have actually gone to trial, the company has either spent or reserved over $200 million dollars to resolve these claims.

The plaintiffs in these cases have generally alleged a litany of purported injuries including damage to their bowel, blood vessels, arteries, ureters, bladder, vaginal cuff and nerves, de-vascularization of the vaginal cuff impeding healing, partial bowel thermal burns, post-surgical abscesses, tears, dehiscences, bleeding, hematomas, sepsis and fistulas.

They have attributed many of those injuries to a number of purported defects. For instance, some plaintiffs have taken issue with the device’s reliance on monopolar energy to cut, burn, and cauterize tissue, as opposed to bipolar or ultrasonic energy, which they contend would substantially reduce the risk of complications. Others have claimed that the device has inadequate insulation on its arms and that the insulation on its shafts often becomes torn and worn in places, allowing electrical current to pass into tissue outside the operative field.

In the general allegations sections of their complaints, many plaintiffs have also contended that the company:

• Failed to properly and thoroughly test the device before bringing it to market;

• Failed to report to the FDA, the medical community, and the general public data generated from pre-market and post-market tests which indicated risks;

• Failed to conduct adequate post-market monitoring and surveillance of post-surgical complications;

• Advertised the device directly to consumers, without adequate warnings regarding its risks;

• Failed to provide adequate and accurate training and information to healthcare providers and sales representatives;

• Failed to conduct or fund research into the development of safer robotic surgical instruments that would pose less risk of causing thermal injury; and

• Failed to maintain skilled technicians in the operating room or on emergency call.

Based on these and similar allegations, plaintiffs’ claims generally have focused on the following causes of action: design defect, manufacturing defect, failure to warn, negligent misrepresentation, fraud, fraudulent concealment, breach of express warranty, and breach of implied warranties. Some plaintiffs have also alleged violation of various state consumer protection statutes, negligent training, proctoring and certification, unjust enrichment, lack of informed consent, and even some more outlandish causes of action like battery.

There are a number of important takeaways from the lawsuits that we have seen thus far. For instance, emerging technologies, like robotic surgery, preset a unique context in which physician training may take on added importance. Companies should strive to develop comprehensive training programs for physicians and other relevant parties, like sales representatives and product specialists. As part of this effort, they should not hesitate to team up with outside companies specializing in medical education training to assess learning needs, and develop and refine their training curriculum. Companies should also make all reasonable efforts to tailor their training programs so that they are consistent with the prevailing expert views on the level of practice and repetition required before basic competency and proficiency are achieved on a particular system. Moreover, as plaintiffs’ lawyers have been known to question the effectiveness of surgical training that does not involve cadavers, wherever possible, hands-on cadaver training should be considered.

Privacy and data security should also rank high on a company’s priority list. Data collection and use of patient health information is an area ripe with potential legal landmines that should be evaluated in the early stages of product development and roll-out. A number of important questions that should be considered include, but are not limited to: What patient health information or other personal information is

being collected? How is the patient health information being used? How is the information being stored and secured? Who is given access to the patient health information? Is the patient health information shared or disclosed outside the medical provider team? How long is the patient health information being retained? Is the patient health information being used for purposes other than providing medical care?

Some of the plaintiffs in the cases against the leading surgical robot manufacturer have also claimed that the company failed to adopt existing technology, which they contend could have prevented their injuries. To the extent such technology exists, all reasonable efforts should be made to adopt it. If, however, a decision is made to not implement such technology, the device’s design history file should be updated to clearly document how and why that decision was made.

Finally, three issues have been repeatedly observed in cases where it is alleged that a system malfunction occurred: (1) The physician may have to revert to conventional surgery; (2) Due to the lengthened time of surgery, patients are exposed to anesthesia for a lengthened and potentially dangerous period of time; and (3) Patients may have larger post-operative scars and experience longer recovery times than expected. When possible—and permitted by the applicable regulatory guidelines—these potential risks should be clearly communicated to physicians so that they may inform their patients as they deem appropriate. Doing so would go a long way in blunting plaintiffs’ warnings-related attacks if these or similar issues arise during surgery.

Though this is by no means an exhaustive list of all the lessons that can be drawn from past or pending cases involving surgical robots, it includes some of the key points that companies should keep in mind. As new technologies—like artificial intelligence—start playing ever-increasing roles in the operating room, plaintiffs’ theories will evolve and additional issues may come into play. But by staying vigilant and paying close attention to emerging trends in pending litigation, companies can develop strategies to effectively limit or eliminate their liability.

Mihai Vrasmasu is a Partner in the Miami office of Shook, Hardy & Bacon. He represents multiple clients—including Fortune 100 pharmaceutical and medical device manufacturers—facing complex product liability claims involving medical devices and prescription drugs. He may be reached at mvrasmasu@shb.com, or through his blog www.rxrobolaw.com.

BY BY MIHAI VRASMASU

www.dadecountybar.org 3

Save the Date: Service Juris Day on May 4thBY EVIAN WHITE DE LEON

Do you like long walks on the beach? Or crafting? Well, save the date for May 4th, the Young Lawyers Section’s annual Service Juris Day. This year,

we are partnering with two local nonprofits who deeply impact our community: Lotus House and Miami Waterkeeper. Friends, family, and colleagues are all welcome.

At Lotus House, a shelter for women and children, they: house about 500 guests nightly; serve over 500,000 meals annually; offer over 10,000 counseling sessions annually; make over 2,500 health care appointments and referrals annually; and provide over 100,000 diapers to infants and toddlers each year. To date, over 150 babies have been born at Lotus House. For the second year in a row, the YLS will be hosting a Mother’s Day Party for them.

We’ll facilitate arts and crafts with the children to make gifts for their mothers and caregivers, and provide games and lunch.

If spending the morning on the beach is your jam, then join us and Miami Waterkeeper for a beach cleanup. Miami Waterkeeper is an

BY HONORABLE MILTON HIRSCH March 12, 1956, was a day of shame for the United States Constitution. On that date, Senator Walter George rose on the Senate floor to read what became known

as the “Southern Manifesto” (formally entitled “Declaration of Constitutional Principles”) on behalf of 19 senators and 77 representatives. Excerpts follow:

“The unwarranted decision of the Supreme Court in the public school cases [i.e., Brown v. Topeka Board of Education, etc.] is now bearing the fruit always produced when men substitute power for established law.

We regard the decision of the Supreme Court in the school cases

The Constitutional Corneras a clear abuse of judicial power. It climaxes a trend in the Federal Judiciary undertaking to legislate, in derogation of the authority of Congress, and to encroach upon the reserved rights of the States and the people. The original Constitution does not mention education. Neither does the Fourteenth Amendment nor any other amendment.

Though there has been no constitutional amendment or act of Congress changing this established legal principle [i.e., “separate but equal”] almost a century old, the Supreme Court of the United States, with no legal basis for such action, undertook to exercise their naked judicial power and substituted their personal political and social ideas for the established law of the land.

We commend the motives of those States which have declared the intention to resist forced integration

by any lawful means. ... We pledge ourselves to use all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation.”

After Senator George finished reading, Senator Strom Thurmond rose to speak in support of the Manifesto. According to Thurmond, “The people and the States must find ways and means of preserving segregation in the schools. Each attempt to break down segregation must be fought with every legal weapon at our disposal.”

Not all southern legislators embraced the Manifesto. Senator Albert Gore of Tennessee told Thurmond that it was “the most unvarnished piece of demagoguery [he] had ever encountered.” And liberal senators from the north – Wayne Morse of Oregon, Hubert Humphrey of Minnesota – offered passionate rebuttals. Senator Richard Neuberger of Oregon observed:

“We live in a world most of whose people are of a different color than white. What are they thinking when members of the highest American parliamentary body announce themselves as against judicial decisions granting equality to colored people in America? How fares the Soviet Union in the propaganda war as a result of these developments?”

The Honorable Milton Hirsch has been a judge of the 11th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law and at St. Thomas Law School. In 2016, he became the recipient of the Dade County Bar Association’s “Criminal Justice Award” for his outstanding contribution to Miami-Dade County’s criminal justice system. The above passage is an excerpt from Judge Hirsch’s Constitutional Calendar. If you would like to be added to the Calendar’s distribution list, please contact Judge Hirsch at milton.hirsch@gmail.com with your name and e-mail address.

environmental group that advocates for swimmable, drinkable, and fishable water for all. We’ll have breakfast before we roll up our sleeves for a beach cleanup. Spoiler alert: bring your friends and family, or make new friends at the event, because the team that collects the most garbage will get a prize.

Want to get involved? Or just curious? Reach out to me at evian@miamihomesforall.org. Otherwise, looking forward to seeing you there. Stay tuned for registration details.

Evian White De Leon is Program & Policy Director at Miami Homes For All, Inc.

4 DCBA BULLETIN | MARCH 2019

The term artificial intelligence (“AI”) has multiple definitions, but it generally refers to

computer programs that perform tasks normally requiring human intelligence. Lawyers use AI -- often through Internet-based platforms -- to do computerized legal research, document review, due diligence, contract review, legal analytics, document drafting, and dispute resolution. Other AI provides legal assistance to unrepresented non-lawyers. Since these tasks are currently narrow, they are in the form of “weak” or hybrid AI (which focuses more on specific tasks), but AI is evolving through natural language and machine learning that enables the computer to teach itself, constantly making decisions, and improving its capabilities.

On the other end of the spectrum is “strong” AI, which hopes to mimic or surpass a human being’s ability to think and then performs tasks autonomously using brain simulation. Although strong AI is not fully developed, some precursors exist (IBM’s Watson that won a Jeopardy! competition and Google’s DeepMind that defeated the world’s best human Go player). Applying this to the legal field, some envision lawyers (and non-lawyers) being able to speak to a computer (like Siri or Alexa) and asking it to perform tasks in a human-like manner.

Although this fear is far off, lawyers’ increased reliance on AI may raise ethics issues arising from the Rules Regulating The Florida Bar on competence, advisors, confidentiality, responsibilities of supervisory lawyers over nonlawyer assistants, professional independence, unlicensed practice of law, multijurisdictional practice, and conflicts of interest. The main relevant Rules are summarized below to enable issue spotting in this area.

Selected Rules Regulating The Florida Bar

1. First, before using AI, a lawyer must understand the

Ethics Applied to Attorney’s Use of Artificial Intelligence

benefits and risks of doing so or should consider retaining a non-lawyer advisor in this area. R. Regulating Fla. Bar 4-1.1. Without this knowledge the lawyer is incompetent to handle the AI and will not know if the AI is operating correctly.

2. If the lawyer intends to use an AI provider who will receive information relating to the representation of a client, the lawyer must ensure that no conflicts of interest exist. R. Regulating Fla. Bar 4-1.7, 4-1.8. In addition, a confidentiality agreement should be considered. Since AI may involve cloud computing, the lawyer should:

• Ensure the that online provider has an enforceable obligation to preserve confidentiality and security, and that the provider will notify the lawyer if served with process requiring the production of client information;

• Investigate the online provider’s security measures, policies, recoverability methods, and other procedures to determine if they are adequate under the circumstances; and

• Employ available technology to guard against reasonably foreseeable attempts to infiltrate the stored data.

Florida Bar Ethics Opinion 12-3 (January 25, 2013) (providing guidance on cloud computing).

3. Unless the above confidentiality agreement applies, the lawyer must not reveal information relating to the representation of a client and must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. R. Regulating Fla. Bar 4-1.6, see Comment to R. Regulating Fla. Bar 4-1.1.

4. Once a lawyer uses AI and obtains information, the lawyer should verify the adequacy of the results because a lawyer has a duty to review the work of any nonlawyer and the lawyer is ultimately responsible for any work by a nonlawyer done at

the lawyer’s request. See R. Regulating Fla. Bar 4-5.3 (c). In addition, the lawyer cannot blindly rely on the AI’s work product because a lawyer has a duty to exercise independent professional judgment. R. Regulating Fla. Bar 4-2.1.

5. If an attorney considers a business arrangement with AI providers, a lawyer cannot share fees with a nonlawyer and cannot form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. R. Regulating Fla. Bar 4-5.4.

6. Similarly, if the provider is viewed as a nonlawyer or out-of-state lawyer practicing law in Florida without authority, a lawyer in Florida should be careful not to assist the AI provider in the unauthorized practice of law. See R. Regulating Fla. Bar 4-5.5. If we get to the point of having robot-like computers doing attorney work, the robot could be deemed to be practicing law in Florida without authorization, and the attorney who uses it could be found to be assisting in the unauthorized practice of law. At the moment, the use of AI providers may be akin to hiring contract paralegals and may not reach the unauthorized practice of law if the Florida attorney provides adequate supervision. Florida Bar Ethics Opinion 07-2 (January 18, 2008). Even if the AI provides attorney work, it may be authorized as temporary legal services if undertaken in association with a Florida lawyer who actively participates in the matter. See R. Regulating Fla. Bar 4-5.5.

How these duties could apply in different situations varies, but the following hypotheticals illustrate examples of conduct that could be problematic:

1. A lawyer drafts a lease for a client. All parties sign it, but as it turns out the lawyer used a document preparation AI system and did not verify compliance with Florida law. After the lease was signed the client discovers the lease did not meet Florida’s requirements.

2. A lawyer misses an important legal case or hot document because the AI system did not pick it up when either the lawyer did not do the search correctly or the AI system filtered out the case because its “intelligent” algorithm did not catch it.

3. A lawyer uses an AI application hosted through cloud computing. He or she sends confidential information to it without negotiations. The provider takes the information and commits identity theft. Or someone hacks into the AI system and takes the confidential information.

4. A transactional lawyer relies on AI with machine learning to get quick responses to legal questions. He then provides the quick answer to his client who signs a contract based on this legal opinion, but the AI’s response turns out to be incorrect and the client is facing a claim.

5. A lawyer partners his law firm with an AI nonlawyer provider who markets itself with the ability to draft legal documents. They share in the profits of the nonlawyer’s AI business.

6. An out-of-state virtual law firm promotes legal services to residents of Florida claiming it can provide legal advice and draft legal documents for Florida residents through its website with AI functionality, which reduces costs to the Florida residents. Florida residents use this service.

7. A lawyer uses an AI system to review confidential documents or draft client documents and later finds out the same provider was doing work for the opposing party.

To avoid these types of situations a lawyer who intends to use AI should be mindful of the lawyer’s ethical obligations, in light of the pros and cons of technological advances, and then act appropriately.

Alicia Menendez is an attorney at Shook, Hardy & Bacon, L.L.P. She practices in the areas of complex product liability and commercial litigation, including past matters with international components. She actively engages in service to bar associations having served as chair and vice chair to bar association committees. Feel free to send her an email at amenendez@shb.com to give her your thoughts on the pros and cons of the use of AI by attorneys and society.

BY ALICIA MENENDEZ

www.dadecountybar.org 5

Judicial Nominating Commission Luncheon

The Future of Sustainable and Resilient Developments

Our sold out Judicial Nominating Commission Luncheon was a success. Guests joined us to learn more about the Judicial Nominating Commission process and to hear from members of the Commissions covering Miami-Dade County.

An exciting panel discussion with perspectives from developers, designers, consultants, and lawyers.

Great turn out on February 7th for The Future of Sustainable and Resilient Developments Panel Discussion presented by Dade County Bar Association Real Property Committee, OBMI, a leading global architecture firm, along with the Urban Land Institute, America Institute of Architects Miami Chapter, and the United States Green Building Council.

Attendees discussed outlooks on sustainability and resiliency, looked at trends in resilient design, analyzed case studies, and delved into maintenance, innovations, site selection and development, financing, institutional risks, and much more!

A huge thank you to the Panelists: Greg West, President & CEO, ZOM Living; Timothy Peck, Chairman, OBMI; Mark Lunt, Principal, Ernst & Young, Real Estate & Hospitality; and Alec Bogdanoff, Ph.D., President & Co-Founder, Brizaga; and to our moderator by Jonathan Newberg, General Counsel, OBMI.

6 DCBA BULLETIN | MARCH 2019

Miami, FL - Back by popular demand, and in celebration of Dade Legal Aid’s 70th Anniversary, hundreds of lawyers will Band Together for Dade Legal Aid on Saturday, April 13, 2019 at Kindred Miami (formerly Sidebar) 337, SW 8 Street, Miami, Florida 33130.

In the spirit of togetherness, this annual gathering brings together over 300 lawyers, leaders, judges, rock stars, artists, roadies, hipsters, professionals, students, musicians and groupies.

Get ready to rock your heart out at this fabulous fundraiser featuring local lawyer/rock star bands including LLP, The Urge, Crazy Talk, Chillable Hours, The 540’s, Feedback and Soulbound jamming together for the greater good.

All proceeds from this special event benefit Dade Legal Aid, which handles critical legal matters for disadvantaged individuals, children, families, nonprofits, veterans, tenants, artists and others in the areas of family law, domestic violence and sexual assault, guardian ad litem, guardianship, child and teen advocacy, housing, contracts, patent, deeds, mortgage foreclosure, bankruptcy and more.

To join the celebration, become a sponsor, or purchase tickets visit www.dadelegalaid.org or call 305-579-5733 ext. 2252.

Dade Legal Aid Attorney Kristen Feuer presented at the recent DCBA Dependency Court Committee Case Law Update at the Juvenile Courthouse.

Sandra Newmeyer, Brittany Bonner, Juvenile board co-chair, Jorge Tormes, Juvenile board co-chair, Sharon Hornett and Kristen Feuer, a dedicated child advocacy attorney at Dade Legal Aid. Ms. Feuer has been representing children in the dependency system for nearly thirteen years and currently works in child advocacy and guardianship. She is a member of the Dade Bar Juvenile Committee. To take a pro bono case or co-counsel with Ms. Feuer, please contact her at:

(305) 579-5733 Ext. 2266 or kfeuer@dadelegalaid.org.

Dade Legal Aid’s Battle of the Bands

Sandra Newmeyer, Brittany Bonner, Juvenile board co-chair, Jorge Tormes, Juvenile board co-chair, Sharon Hornett and Kristen Feuer, a dedicated child advocacy attor-ney at Dade Legal Aid.

PROFESSIONALISM TIP OF THE MONTH From the Eleventh Judicial Circuit Standards of Professionalism and Civility

REMEMBERall attorneys practicing within the Eleventh Judicial Circuit are bound by the

Eleventh Judicial Circuit Standards of Professionalism and Civility. The standards

are controlling authority. A lawyer should treat all persons with courtesy and

respect and at all times abstain from rude, disruptive and disrespectful behavior.

The lawyer should encourage the lawyer’s clients and support personnel to do

likewise even when confronted with rude, disruptive and disrespectful behavior.

Section 5, Courtesy.

www.dadecountybar.org 7

Are you running a “feast or famine” practice? If you are overwhelmed with work and have no time

to develop business… then when you’re finished with the work at hand there is nothing on the horizon… THAT my friend is a feast or famine practice. And to tell you the truth, I see this with lawyers more often than not. Whether or not you are a solo or work for a huge global firm, not making time for business development has serious consequences.

Forbes Magazine contributor, Kern Lewis, writes about one small step that can be taken to create some stability for your practice. He convinced his old friend, a lawyer who runs a small practice with a handful of partners, that one small thing could make a difference.

His friend was in the midst of a famine…

“With the advent of his latest break from a heavy workload, he agreed to dedicate the time to test a plan he felt he could manage within the demands of his day:

He chose one online networking tool to test, which was LinkedIn. He spent one hour cleaning up his profile. He spent about three hours reaching out to all the people he knew professionally, and connecting to those whom he found on LinkedIn. He set a thirty-minute appointment for a late weekday evening each week to work on building up his network of contacts, and engaging that network via pings and content sharing.

Results came within a couple of weeks: Many connection invitations came right back with social conversations, and were happy to reconnect. A handful had business that they could place with him right away and were ‘glad he reached out.’

Within those few weeks he had referrals worth $12,000 in billable hours that he would not have had without his 3-5 hour LinkedIn campaign. That represents a 8-10x ROI on the time he dedicated to it.

The pace has calmed since he harvested that low-hanging fruit, but he reaped one other big benefit:

Connecting with distant clients – An international manufacturer and

Business Development: What Can You Do to Stop the Feast or Famine Cycle?

a national food distributor both use Mark for their commercial lease work in California. He can only justify one trip a year to each of their Midwestern headquarters. But, using LinkedIn to follow the people who manage his part of their legal affairs has made the trips much more powerful.

He keeps track of position changes that impact him. He can research key people ahead of each trip. He set up introductions using his current network, and reaches out to the new connections prior to the trip to kick-

start the new relationship and make the in-person meetings much more useful.

Here is how the lawyer sums up his experience: ‘I immediately recognized that I was able to connect with attorneys and clients that I worked with over the years and had lost touch with, so it was actually a fun exercise. Some of them were good friends as well and we’ve since gone to lunch. I think that the business generation aspect has been a natural fallout of

reconnecting and will increase. I did find that the best LinkedIn for me is during the commercials while watching sports!’”

This was a good move for this lawyer. Every professional should have a well-thought-through LinkedIn profile. What condition is yours in? Could you implement a strategy like this lawyer did? Certainly you could… and if you are sick and tired of running a feast or famine practice, this could help you break the cycle.

What does it take to produce results like these? Focus.

Focus is a hard skill to perfect when there are so many demands, options and desires. There is one thing I have a lot of experience with… and that is being scattered and unfocused and dealing with the results of my lack of focus. Every single time I wanted to shift my focus and go in a new direction I made a very convincing argument as to why it was a good idea. My

gut was sending out alarm signals, making me feel the need to convince someone. In truth it was me making excuses for myself ! Does this sound familiar? I bet it does!

So what did I learn from those experiences that helped me create a different course of action? It turns out that the solution was very simple. I created a strategic plan… a well-thought-out strategic plan. One that made me look at my long-term goals and in some cases create them where there weren’t any. I looked at things like the path of profitability, of joy and fulfillment, and how much time I have to get there. When you create a strategic plan like that it gives purpose to your actions and when your gut sounds the alarms of caution you will be more likely to hear it. When that scattered voice distracts you, ask yourself… Does this action or new initiative get me closer to my goals or am I making excuses for it just because I WANT to do it? If the answer is just because you WANT it then get to the core of what you want about it and find a way to nourish that desire in a way that complements your strategy, and doesn’t detract from it … don’t kid yourself that it is good for business.

Many years ago I lost a quarter of a million dollars because I took on a project convincing myself that it was a sound business idea when in reality it … was because I wanted to travel and be creative.. At the time I had no strategic plan to guide my thinking. By the way, I now take exotic vacations and travel between my two offices in Miami and Denver. As far as fueling my creativity… I write books and blogs and help others do the same. Those things fit into my strategic plan and fuel my desires. It was a very expensive lesson to learn… but I learned it well!

What should go into your strategic plan? What kinds of things get you off-track? Would you like assistance in figuring it out? Shoot me an email and let’s talk.

Paula Black is a legal business development and branding expert, author, consultant and coach. She is the award-winning author of “The Little Black Book” series and the Amazon-bestselling “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days,” and now, “A Lawyer’s Guide to Creating a Life, Not Just a Living.” Her books can be found on Amazon. For more information visit: www.inblackandwhiteblog.com or www.paulablack.com.

BY PAULA BLACK

“Focus is a hard skill to perfect when there are so many demands, options

and desires. There is one thing I have a lot of experience with… and that is being scattered and unfocused and dealing with the results of my lack

of focus. Every single time I wanted to shift my focus and go in a new direction I made a very convincing argument as to why it was a good

idea. My gut was sending out alarm signals, making me feel the need to

convince someone. In truth it was me making excuses for myself ! Does this

sound familiar? I bet it does!

8 DCBA BULLETIN | MARCH 2019

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MARCH 8DCBA MOCK TRIAL-THE ANATOMY OF A TRIALLOCATION: UM SCHOOL OF LAW TIME: 8 AM - 5:30 PM

MARCH 12PROBATE & GUARDIANSHIP LOCATION: LAWSON E. THOMAS COURTHOUSETIME: 12 – 1PM

MARCH 13#ME TOO SEMINAR LOCATION: WEWORK DOWNTOWN TIME: 5:00 PM – 7:30 PM

MARCH 14JUVENILE COURTS COMMITTEE HAPPY HOURLOCATION: TBD TIME: 4:30- 8 PM

APRIL 5DCBA ANNUAL BENCH & BAR LOCATION: HYATT REGENCY TIME: 8:30 AM

APRIL 11PROBATE & GUARDIANSHIP LOCATION: LAWSON E. THOMAS COURTHOUSETIME: 12 PM

APRIL 13YLS CLUB PILATES LOCATION: GABLES COLUMBUS CIRCLE TIME: 10 AM

APRIL 13DADE LEGAL AID BATTLE OF THE BANDSLOCATION: KINDRED MIAMITIME: 3 PM

APRIL 17PROFESSIONALISM COMMITTEE WORKSHOPLOCATION: STEARNS WEAVERTIME: 2 – 6 PM

APRIL 25DCBA FAMILY COLLABORATIVE LAW SEMINARLOCATION LAWSON E. THOMAS COURTHOUSE TIME 8:00 AM

APRIL 26COURTHOUSE REDEDICATION CEREMONYTIME: 3 PM

MAY 3THIRD DISTRICT COURT OF APPEAL INVESTITURE & RECEPTION FOR JUDGE ERIC WM. HENDONTIME: 3 PM

JUNE 15DCBA’S 2019-20 INSTALLATION OF OFFICERS AND DIRECTORSLOCATION: TBD