It was just announced that The Haggard Law Firm’s Managing Partner, Michael Haggard, will be the Keynote Speaker at the Miami Dade Trial Lawyers Association’s Judge Manny Crespo Award Luncheon tomorrow (Thursday, October 12). Judge Marcia Cooke is the recipient of this year’s Judge Manny Crespo Award which is honors a champion of the legal profession and selfless mentor.
The MDTLA released a statement saying about Haggard’s role as keynote speaker that read in part, “Among the many accolades that Mike has received from the community, clients and peers, he was recently honored by the Florida Justice Association with the Perry Nichols Award for his perseverance, commitment, and unmatched dedication to the civil justice system. Michael truly sets the standard for the rest of his colleagues and many others to aspire AND achieve. The buzz is that he is a great and inspiring orator; that he is! We are grateful that he will be our Keynote speaker at tomorrow’s event.”
Surrounded by family, friends, members of the Haggard Law team and hundreds of the top attorneys in the State of Florida, Michael Haggard received the most prestigious honor given by the Florida Justice Association, the Perry Nichols Award. The FJA website says “The Perry Nichols Award is the highest honor the FJA bestows and gives recognition to an individual who has dedicated a lifetime to the pursuit of justice through extended and distinguished service to the cause of justice in Florida and in the nation.”
The Florida Justice Association’s Masters of Justice CLE Event begins next week. This fall convention offers four specialized seminars on auto negligence, technology, medical malpractice, insurance & bad faith.
According to media reports compiled by the USA Swimming Foundation, from Memorial Day through Labor Day 2017* at least 163 children younger than age 15 fatally drowned in swimming pools or spas. Of the 163 reports, 112 of the victims — nearly 70 percent — were children younger than age five. Florida led the nation in drowning deaths during this time period with 25. California was second with 16.
“Every year we see the same tragic statistics regarding pool drownings involving our children. Florida, as well as other warm weathered states, has too many of these horrible incidents” says Haggard Law Firm’s Douglas McCarron. The Haggard Law Firm has represented several families who have either lost or had a child who suffered life-altering injuries due to a drowning or near drowning. (Learn more about drowning/near-drowning cases, click here)
The FJA says the award is bestowed upon the attorney who sets the standard for the rest of us to aspire to achieve.
The Perry Nichols Award was created in 1977 in honor of the visionary who first brought Florida’s leading trial attorneys together to create the predecessor to today’s FJA. This Award is the most prestigious award given by our organization and is given to the attorney whose perseverance, commitment, and unmatched dedication to the civil justice system is at the forefront of their lives.
Haggard will receive the award during the Founder’s Day Luncheon during the FJA’s Master’s of Justice CLE Event October 4-6th in Sarasota Florida, more info
When handling personal injury/wrongful death cases resulting from fires, the importance of quickly notifying the property owner of the potential claim and gaining immediate access to the property to the perform a site inspection is imperative. While in other types of cases (e.g., drowning, automobile, aviation, medical malpractice, negligent security) the evidence required to prove your case is generally preserved, that is generally not the case when it comes to litigation stemming from fires because landowners (whether residential or commercial) generally want to promptly repair their premises after a fire in order to avoid a significant loss of income. Once the property is altered or repaired, it will be difficult to determine not only the cause of fire, but also what fire safety measures that property had at the time of the fire and whether they operated as intended.
In fire cases that we have handled, we have accomplished early notification to the potential defendant and coordination of a site inspection in one of two ways. Generally, we first attempt to reach the property owner directly, informing them of the potential claim and requesting access to the property. If we are unable to contact the property owner or if the property owner refuses to give us access to the property, we file the lawsuit along with an emergency motion seeking to enjoin the property owner from repairing the property and requesting access to the property for a site inspection.
The Association for Safe International Travel reports that 37,000 people die in car accidents per year in the United States while another 2.35 million are injured or disabled. An estimated 180,000 people are driving for Uber. That number continues to grow. So with this kind of volume and activity it is inevitable that the number of accidents involving this driving service will rise.
So if a personal injury attorney’s client was injured in a crash involving Uber, what should the lawyer consider when litigating that case?
That is the topic of discussion that will be lead by Haggard Law attorneys Jason Brenner and Todd Michaels during this month’s Florida Justice Association Masters of Justice CLE program.
Uber Duber Do…Your Client Was in an Accident with Uber, Now What Do You Do? is one of the sessions that will be offered to attendees of the program as part of the Auto Negligence Seminar to be conducted on Wednesday, September 28th. There are a few more spots available for this seminar. To learn more about it and register click here. The FJA Masters of Justice Program will be held in Orlando from September 28th through the 30th.
Attending this year’s FJA Masters of Justice program is a great way to renew the excitement and focus on your mission as a personal injury attorney. Make plans NOW to register to attend to ensure you have the strategies and techniques in your toolbox that have proven to work for other attorneys in civil litigation cases. You’ll be sure to take away valuable information and innovative ideas that can immediately aid you in your efforts to assist your clients in their cases.
The article below from The Florida Times Union details the latest on a mass shooting at the Eureka Garden Apartment Complex in Jacksonville. The media reports that 7 people were shot by at least three gunmen.
Shots fired and people getting shot at the Eureka Garden Apartments is on ongoing problem. The complex has had multiple homicides and violent crimes over the past few years, including the murder of 22-year-old Christopher Cornelio (pictured above with his parents). Haggard Law Firm attorneys Douglas McCarron and Jason Brenner currently represent Cornelio’s family, including his young son, in a civil suit against the property’s owners. Cornelio was shot and killed at Eureka Garden in March of 2014. The ownership and management of the complex refuse to take the necessary steps to make the property even remotely safe.
Their indifference was also seen in a massive Code Enforcement sweep last October. The living conditions at the complex were deplorable. Sadly, this incident appears to be a result of wealthy corporation placing profits over the safety its residents.
From Jacksonville Times Union Article: 7 wounded in Eureka Garden attack; about 50 rounds fired, police say
….People were sitting or standing around a stairway to Unit 11 at Eureka Garden late Sunday when the gunfire began.
Gunmen opened up at 11:45 p.m., hitting seven people outside a building at the troubled Westside apartment complex as other bullets shattered and pierced the windows of a parked sport-utility vehicle nearby, according to the Jacksonville Sheriff’s Office.
Police said three gunmen walked up between the two apartment units across Altoona Court, just a few dozen feet off Plymouth Street at the west end of the subsidized apartment complex. They aimed at eight or 10 people “just hanging out” in front of Unit 11, leaving two in life-threatening condition, police said.
“They fired numerous rounds. It appears to be rifle rounds and from handguns, into the crowd,” said Sgt. Shawn Coursey, part of the Sheriff’s Violent Crime Impact team. “There was an infant in the crowd. Thankfully, the infant was not struck.”
The gunmen fired more than 50 rounds at the people before fleeing. Victims were taken to UF Health Jacksonville and Orange Park Medical Center, police said.
…to read entire article from Jacksonville Times Union, click here
Preparing to exceed the burden of proof and maximizing damages begins at client signup. The defense counsel has a head start. From the moment of loss, the defendant has secured or destroyed evidence, interviewed witnesses, researched the client, developed theories of defense, comparative fault, and otherwise played five or six key chess moves before plaintiff counsel even knew they were in the game.
Assuming the defendant is tireless and meticulous in its work is the only safe and essential assumption plaintiff counsel should make when preparing a case. Regardless of the cause of action, assume that the plaintiff and every friendly known witness has a history that, if known, will adversely affect the ultimate outcome. Until proven otherwise through the use of public records and interviews, all of which should occur pre-suit outside of formal discovery, remain vigilant in learning everything to know about the client and witnesses that may be called on throughout the litigation. Background checks, civil, criminal and family court files all will either confirm a cautiously optimistic impression of the plaintiff, or prepare to deal with the collateral—usually irrelevant, but always distracting—attacks upon the person of your client when the time comes. The same exercise is performed upon all anticipated defendants.
This pregame ritual requires an attorney/client relationship that exceeds the formality of the client contract. As advocates, attorneys should remain focused on the end game, but along the way, the attorney-client relationship must be a candidly safe space. Building the trust necessary to avoid surprises down the line involves introducing other staff upon initiation of the attorney-client relationship. My assistant regularly phones witnesses and clients, even when no information is needed and when no deadlines are looming. This process signals to the client the reality that we are working hard for them, and increases the probability that we will learn in advance of any issues that may prove troublesome down the road.
Once in suit, the rules of discovery and formal deadlines begin to take hold of an attorney’s case building efforts, which makes the “informal” pre-suit information gathering process all the more important. As such, guard against rushing into suit. The time to mercilessly press for a special set trial begins after committing to the case armed with all reasonably available information and background materials on everyone involved.
Attorneys know in advance those materials that will be asked of the clients in standard discovery requests, but shouldn’t attorneys have learned as much as possible about the defendant and possible witnesses before filing suit? Filing suit is the moment in which we regain the tactical edge, because together with the complaint, targeted discovery requests based on information and materials we learned pre-suit ensure the defendant is responding to us rather than the other way around. And when the inevitable discovery is propounded upon the client, staff and attorney time is not wasted gathering materials and information that should have been in their possession from the beginning.
Whether an automobile accident, premises liability, medical negligence or product liability case, pre-suit research should inform attorneys of obstacles to success, and tools available to address those challenges as they arise. The internet is a tremendous resource, which should be used to identify the original source materials available for more detailed exploration. For example, in a premises liability case at a shopping mall, an attorney may not have pre-suit access to the leases between the various merchants and the management company or landowner. But if applicable to the facts of the case, the county record department will have any relevant easements pertaining to the property on file, often with supporting materials that one would not expect to find in a clerk’s office, including correspondence between landlords and tenants. In a dram shop case, the state licensing board for alcohol permits will have submissions from the applicant in order to have obtained the license to serve alcohol. The documents may include extensive correspondence by the soon-to-be defendant regarding the scale and scope of the intended use of that license, prior negative incidents, and attorneys may be surprised by the detailed photographs or schematic drawings of the establishment.
This pre-suit effort likely will not deliver a case on a silver platter. It may not ultimately provide the silver bullet at the first key deposition, where information obtained outside of discovery truly has the ability to surprise opposing counsel. But those attorneys who have dug as deeply as possible into all foreseeable issues and contingencies pre-suit will more efficiently prosecute the case and be ready to confidently select a jury the first time the case is up at calendar call. And, if an attorney by chance does find that silver bullet before the case is even filed, all the better.
We are all prejudiced, shaped by our interactions with others from birth. Some experiences are positive, others insulting. Each, to varying degrees, necessarily changes our perception of others. This writing is premised on the understanding that we are all susceptible to feelings and beliefs that are not always fair or rational. It is the recognition of this narrow aspect of the human condition that cautions the trial attorney to acknowledge Universal Truths where they exist, and the Stereotypes that often accompany them.
Having chosen a profession that revolves largely upon judging the behavior and motivations of others, identifying and appreciating our prejudice is a critical component of successfully working within the legal system. For trial lawyers, the process of moving from an abstract grievance to a concrete solution for our clients begins in earnest with jury selection.
A jury of our peers seems like a simple enough concept. However, in every jurisdiction with which I am familiar, the peer group is defined only by one commonality: an arbitrarily drawn geographic boundary. The remainder of that which defines your prospective panel is a mystery. Race, religion, gender, sexual identity and political beliefs all thrive independently behind each of the twenty or thirty faces staring back at you as you begin the process of selecting who, exactly, will stand in judgment of the situation that forced this community of peers to miss work and doctor appointments to perform their civic duty.
