The background check. Examinations of our past seem so common in every corner of our lives, that on that rare occasion where we are not asked to verify our personal information or consent to an examination of it, the transaction seems either charmingly quaint or mildly suspicious. Our criminal history, finances, family relations, utilities, medical history, schooling or employment, to name a few, are routinely brought forth and scrutinized (or verified) as a necessary part of routine personal and business operations.
The ubiquity of the background check has fomented a public expectation that virtually every person we encounter has been screened for one thing or another. Certainly, the priest or teacher is screened for child or sexual related offenses. The Uber driver has been thoroughly vetted for traffic offenses. The apartment manager’s personal finances are in order, such that the proper handling of rents is not in jeopardy.
These expectations, however reasonable, are not subject to uniform regulation and even more rarely are they mandated by law. The inconsistent handling of sex offender regulations helps highlight our misperception of the efficacy and regularity of background checks. Society considers itself tough on sex offenders, and lawmakers fashion themselves as protectors of the children and those most vulnerable. Florida Statute 948.30 is a good example. If a sex crime victim was under the age of 18, the offender cannot work for pay “or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, child care facilities, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls.”
The Haggard Law Firm’s Managing Partner Michael Haggard will be a presenter during the 29th Annual Southern Trial Lawyers Association Conference next month.
Workplace violence tends to grab headlines because the thought of a coworker murdering or maiming colleagues imparts a sense of dread that we do not like to visualize in those around us every working day of the week. More frequent, however, are those crimes of opportunity facing employees in high-risk environments, such as convenience and liquor stores, fast food restaurants and check cashing businesses. The nature of their work requires large amounts of cash on hand, and such businesses are frequently located on major highways to increase foot traffic and customer counts. Those same factors that make the shopping experience easier for the customer help make committing these crimes easier for the would-be robber. The ability to enter the property in a car, and disappear rapidly into a sea of commuter traffic make apprehension much more difficult for law enforcement. Signage in the windows offering discounts and sales often blocks the view of passersby into the windows, making the observation of an ongoing crime more difficult. In the convenience store setting, Florida law acknowledges these realities through F.S. 812.173, the “Convenience Business Security Act.”
Congratulations to our Managing Partner Michael Haggard who recently became a member of The National Trial Lawyers Top 100 Trial Lawyers organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers.
Haggard Law Firm attorney Pedro Echarte was interviewed for a story detailing the recent settlement in the case of a young father who died in a mobile home fire. As the article describes, an inadequate number of smoke detectors was at the heart of the eventual $2.3 million settlement.
Haggard Law Firm attorney Todd Michaels was named a Most Effective Lawyer of South Florida, in the Personal Injury category, by the Daily Business Review.
Today, the periodical published its article detailing the case cited in the announcement of the honor Michaels, a $3.1 million settlement to the family of 21-year-old Charles Lucas, who was shot to death outside a Miami nightclub in 2011 while he tried to diffuse an altercation.
The Daily Business Review has just released its list of 2016 Most Effective Lawyers.
We are proud to report that Haggard Law Firm attorneys Todd Michaels and Pedro Echarte were the only two lawyers in Miami-Dade County recognized in the Personal Injury category. Michaels was named the Most Effective Lawyer, while Echarte was the only other finalist listed.