THE FIFTEENTH CIRCUIT MOURNS DEATH OF RETIRED CIRCUIT JUDGE HUBERT R. LINDSEY

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WEST PALM BEACH – It is with great sadness that the Circuit announces the passing of the Honorable Hubert R. Lindsey on Saturday, October 21, 2023. Born July 15, 1933 in Jacksonville, Florida, Judge Lindsey earned his Bachelor’s degree and Juris Doctor degree from the University of Florida. After graduation, Judge Lindsey spent 19 years in Palm Beach County as a practicing attorney, specializing in civil cases. In 1986, Judge Lindsey was appointed to the circuit court bench by then-Governor Bob Graham. During his time with the Fifteenth Circuit, Judge Lindsey held assignments in Juvenile, Family Civil and Criminal divisions.

Judge Lindsey retired from the bench on January 3, 2005. He will be remembered for his fairness and desire to inspire and mentor young attorneys, just as he was inspired by those who mentored him. He will be greatly missed by his former colleagues as well as the staff of the Fifteenth Judicial Circuit.

For additional information, please contact Richalyn Miller at 561-355-4098 or via email at [email protected].

GOVERNOR RON DESANTIS APPOINTS JAMES SHERMAN TO SERVE AS JUDGE ON THE FIFTEENTH JUDICIAL CIRCUIT COURT

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Governor Ron DeSantis announces two judicial appointments, one to the Fifteenth Judicial Circuit Court and one to the Eighteenth Judicial Circuit Court.

James Sherman, of West Palm Beach, to serve as Judge on the Fifteenth Judicial Circuit Court

Sherman has served as a County Court Judge for Palm Beach County since 2022. Previously, he was a Senior Attorney at the South Florida Water Management District. He earned his bachelor’s degree from Florida State University and his juris doctor from the University of Miami. Sherman fills the judicial vacancy created by the retirement of Judge Laura Johnson.

Legal Aid Society of Palm Beach County: A Lifeline for LGBTQ+ Rights and Equality

Diversity Corner1

Published: October 2023
Written by: Kimberly Rommel-Enright

The Legal Aid Society of Palm Beach County (LASPBC) has long been a beacon of hope in the community. For almost 75 years, it has provided a voice to those people in Palm Beach County who would otherwise have no one to speak up for them. Many of the lawyers in Palm Beach County know that Legal Aid represents children, families, and individuals in a myriad of legal proceedings including dependency, immigration, domestic violence, and housing. What fewer lawyers may know is that Legal Aid has had a long history of providing legal services to the LGBTQ+ community. Now, more than ever, LASPBC is here for LGBTQ+ community members who experience discrimination, harassment, domestic violence, and suicide rates at higher levels than many other populations.

The LGBTQ+ community continues to face challenges, especially as new laws are implemented affecting LGBTQ+ individuals, such as the Safety in Private Spaces Act – F.S. 553.865, requiring individuals to use certain school and public building restrooms that align with the sex they were assigned at birth. The attorneys, staff, and volunteers at LASPBC are here as resources to help interpret the ever-changing legal landscape and provide legal advice. LASPBC is dedicated to ensuring that all Palm Beach County residents have equal access to the fundamental rights they deserve. It aims to enhance the quality of life, personal dignity, and right to self-determination of individuals experiencing economic and social needs such as:

• Housing Discrimination
• Medical Provider Discrimination
• Probate Issues
• Same-Sex Marriage/Divorce Issues
• Domestic Violence
• Family Law
• Transgender Name and Gender Marker Issues

Through its Fair Housing Project, the Legal Aid Society of Palm Beach County investigates and represents victims of discrimination by housing providers against buyers or renters of all protected classes including sexual orientation and gender identity and expression. For instance, LASPBC assisted a transgender woman who was looking for an apartment to rent. The client saw an apartment with a for rent sign indicating that it was available. The client called to inquire about the apartment and was given a time to view the unit and meet the landlord. When the client arrived for the appointment dressed as a woman, the landlord told the client that the property was not available. The client felt that it was odd that the landlord would not have canceled the appointment made the prior day if the unit was rented. The client contacted LASPBC feeling that the landlord was treating the client differently based on the client’s appearance. The Fair Housing Project intervened and found that the rental unit was still on the market. It conducted a test of the property and discovered the landlord was turning prospective tenants away based on their sexual orientation and gender identity and expression. This case represents the type of important aid LASPBC can offer to LGBTQ+ individuals.

LASPBC also does proactive outreach and educational work for Palm Beach County’s LGBTQ+ youth. Its Education Advocacy Project provides advocacy and legal services to overcome barriers to public education for school-age children.

LASPBC’s dedicated attorneys are also readily available to provide name and gender marker change assistance to transgender individuals. Over the past five years, LASPBC has represented almost one hundred transgender adults and children in securing legal name changes. Many of them, like “Steven” (real name not used for confidentiality), a young adult with the birth name of “Stephanie,” had lived his entire life with a gender and name that did not conform to how he felt and identified. After he transitioned, all of his legal documents reflected his birth or “dead” name, not his chosen name. This created complications in his daily living, school, and eventually work, as his name did not reflect his appearance and how he identified. Steven came to the LASPBC to seek help with a name and gender marker to change so that he could live his life as his true self. The office completed the name change for him and assisted him in obtaining his legal documents with the correct name and gender. This simple legal proceeding now allows Steven to engage safely in the community with less fear of discrimination and retaliation.

The Legal Aid Society of Palm Beach County doesn’t just celebrate Pride in June, it is a concept embedded in our mission every day, and we pride ourselves in being a safe space for all. If you would like to volunteer for pro bono work generally, or specifically assist our LGTBTQ+ community, please reach out to Jerry Leakey, Esq. at [email protected].

Kimberly Rommel-Enright is a supervising attorney at the Legal Aid Society of Palm Beach County, Inc. Ms. Rommel-Enright has been an attorney with the Legal Aid Society since 1992. In addition to her supervisory duties, Ms. Rommel-Enright handles select adoption, custody, paternity and guardianship cases, as well as a range of cases for members of the LGBTQ community.

Don’t Do These Things Unless You Want to Settle

ADR Corner0

Published: October 2023
Written by: Mark Greenberg

As attorneys, your role in mediation is pivotal to achieving a favorable outcome for your client. To facilitate a successful settlement, it’s essential to provide comprehensive and accurate information to the mediator.  This Mediation Summary Outline will guide you in providing the material to ensure a productive mediation, resulting in a more likely settlement for your client.  

  1. Case Information:
  • Case Name: Clearly identify the case being mediated.
  • Trial Date: Specify the trial docket, and for state court if this is an actual trial order or estimated date from a case management order.
  • Trial Venue: Indicate the location where the trial is set to take place.
  • Judge: Mention the presiding judge overseeing the case.
  • Jury or Non-Jury: State whether the trial is jury or bench.
  1. Type of Case:
  • Describe the nature of the case, including legal issues and claims involved.
  1. Attorney’s Fees:
  • Specify whether attorney’s fees are a significant concern in the case.
  1. Negotiation History:
  • Most Recent Demand and Date: Share the most recent settlement demand and the date it was made.
  • Most Recent Offer and Date: Provide the most recent settlement offer and the date it was extended.
  1. Case Summary:
  • Present a concise overview of the case, including key facts, legal arguments, and the current status of litigation.
  1. Key Case Factors:
  • Strengths: Highlight your client’s strongest arguments or evidence that favor their position.
  • Weaknesses: Acknowledge any aspects of the case that might be challenging or unfavorable to your client.
  • Opposing Side’s Strengths: Identify the opposing party’s most compelling arguments or evidence.
  • Opposing Side’s Weaknesses: Note any vulnerabilities or weaknesses in the opposing party’s case.
  1. Client’s Settlement Objectives:
  • Clearly state your client’s goals for settlement, including desired outcomes beyond monetary compensation.
  1. Verdict Range:
  • What is your client’s best day in court?
  • What is your client’s worst day in court?
  • What are the realistic range of verdicts?
  • Availability of Similar Case Verdicts: If applicable, share information on past verdicts for cases similar to yours.
  1. Discovery Status:
  • Describe significant discovery completed and highlight any pending or outstanding discovery.
  1. Trial Cost Estimate:
  • Provide an estimate of the potential cost to your client if the case proceeds to trial.
  1. Critical Motions and Rulings:
  • Identify any critical motions, like Daubert challenges or motion for summary judgment, that may affect the case outcome. Note any rulings issued thus far.
  1. Important Settlement Terms:
  • Detail any unique settlement terms that may be of interest to your client, such as confidentiality agreements, non-compete clauses, or non-disparagement provisions.
  1. Additional Concerns:
  • Address any other issues or concerns that could impact the settlement process or case resolution.
  1. Communication with Mediator:
  • Indicate whether you’d like to speak with the mediator before the mediation session.
  1. Supporting Documents:
  • Gather and provide relevant documents, such as contracts, expert reports, photographs, repair estimates, HOA documents, and other evidence to help the mediator fully understand the case.

In conclusion, successful mediation hinges on effective communication and thorough preparation. By providing the mediator with a comprehensive Mediation Summary Outline, you lay the foundation for a productive negotiation process that can lead to a mutually acceptable settlement. Remember, your input as attorneys plays a vital role in shaping the mediation’s success and achieving a favorable outcome for your clients.

Mark Greenberg is the President of Breakthrough Mediation. He has tried over 100 cases to verdict, representing both Plaintiffs and Defendants in state and federal court. He now mediates cases throughout Florida, saving clients over $100 million dollars in legal expenses, while helping them find peace in the resolution of contentious disputes. www.btmediation.com

For additional ADR tips and resources, go to www.palmbeachbar.org/alternative-dispute-resolution-committee