The Bar President’s Showcase CLE presented by The CLE Committee of The Florida Bar, The Florida Bar Appellate Practice Section, The Florida Bar Criminal Law Section, The Florida Bar Trial Lawyers Section Look Out Below! Blunders, Landmines, and the Consequences of Poor Attorney Performance in the Preservation of Record Error Featuring Florida Supreme Court Justice Jorge Labarga

Friday, June 11, 2021, 2:00 p.m. – 5:00 p.m.

COURSE CLASSIFICATION: ADVANCED

Course 4379 [email protected]

FEATURED SPEAKER

JUSTICE JORGE LABARGA

Jorge Labarga was born in Cuba in 1952. He is married to Zulma R. Labarga, and they have two daughters. He arrived in the United States at the age of 11 where he initially lived with his family in Pahokee, Florida. He graduated from Forest Hill High School in West Palm Beach in 1972 and received his B.A. (1976) and J.D. (1979) from the .

Justice Labarga began his legal career in 1979 as an Assistant Public Defender with the Public Defender's Office in West Palm Beach, assigned to the appellate, misdemeanor and felony trial divisions. In 1982 he joined the State Attorney's Office in West Palm Beach, where he tried cases ranging from theft to homicide. In 1987 he joined the firm of Cone, Wagner, Nugent, Roth, Romano & Ericksen, P.A., and specialized in personal injury trial work. In 1992 Justice Labarga participated in founding the law firm of Roth, Duncan & Labarga, P.A., in West Palm Beach, where he continued to specialize in personal injury litigation and criminal defense.

Governor appointed Justice Labarga to the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, in 1996. In that capacity he served in the family, civil and criminal divisions. He also served as the administrative judge of the civil division.

In December 2008 Justice Labarga was appointed by Governor to the Fourth District Court of Appeal. On January 6, 2009, he took office on the Florida Supreme Court after appointment by Governor Crist. He is the 84th Justice to take office at the Florida Supreme Court since statehood was granted in 1845. On July 1, 2014, he became the 56th Chief Justice of Florida -- the first Cuban American to lead the state judicial branch. He held that office for two terms until June 2018.

OVERVIEW WHY WE ARE HERE

This CLE is a call to all Florida lawyers, working cases state and federal, civil and criminal, to pay greater attention to the legal, ethical, and moral consequences of the failure to properly preserve error in records below. From the perspective of Justice Labarga, along with our host of expert presenters -- Bar leaders all -- our intention is as much to educate on best practices in error preservation (how to avoid the many mistakes and missteps, common and uncommon, pretrial, trial, and beyond) as it is to infuse in Florida lawyers this universality of spirit:

● to rededicate ourselves to this often neglected principle of our practice law; ● an obligation owed to client and cause; ● a reflection of public trust; ● a fidelity to our profession and ourselves.

LECTURE PROGRAM

2:00 p.m. – 2:05 p.m. Welcome H. Scott Fingerhut Program Chair and CLE Chair, Criminal Law Section FIU College of Law and H. Scott Fingerhut, P.A., Miami

2:05 p.m. – 2:10 p.m. Introduction of Justice Jorge Labarga Warren Lindsey Chair, Criminal Law Section Board Certified in Criminal Trial Law Lindsey & Ferry, P.A., Orlando

2:10 p.m. – 2:40p.m. To Protect and Preserve: Lawyers Must Do Better Justice Jorge Labarga Florida Supreme Court, Tallahassee Justice Labarga will speak on the critical -- too-often neglected -- importance of error preservation across legal contexts. Emphasizing the centrality of the lawyer’s role, Justice Labarga will discuss how better representation of clients and causes by acquiring and honing error preservation skills brings on better justice and fosters a legal profession worthy of public confidence and trust.

2:40 p.m. – 2:45 p.m. Introduction of Criminal Law Presentation Geddes D. Anderson, Jr. Board Certified in Business Litigation Murphy & Anderson, P.A., Jacksonville

2:45 p.m. – 3:25 p.m. Better Error Preservation in Criminal Law Michael T. Davis Board Certified in Appellate Practice Kuehne Davis Law, P.A., Miami

Carey S. Haughwout Board Certified in Criminal Trial Law Public Defender, 15th Judicial Circuit, Palm Beach

Michael Robert Ufferman Board Certified in Criminal Appellate Law Michael Ufferman Law Firm, Tallahassee

In this dynamic presentation, our presenters will address the many ways in which errors in criminal cases are better preserved -- in court and out, at all stages of representation -- and the consequences of counsel’s failure to uphold this core professional responsibility.

3:25 p.m. – 3:30 p.m. Introduction of Civil Law Presentation Christopher D. Donovan Board Certified in Appellate Practice Chair, Appellate Practice Section Roetzel & Andress, Naples

3:30 p.m. – 4:10 p.m. Better Error Preservation in Civil Law Steven L. Brannock Board Certified in Appellate Practice Brannock Humphries & Berman, Tampa

Dennis R. O’Connor Board Certified in Civil Trial O’Connor & O’Connor, Orlando

Hala A. Sandridge Board Certified in Appellate Practice Buchanan Ingersoll-Rooney, Tampa

In this equally dynamic presentation, our presenters will address the many ways in which errors in civil cases must be better preserved, and the equally dire consequences to client, cause, and our profession when counsel fails in this all- important responsibility.

4:10 p.m. – 4:55 p.m. No Rest for the Weary: A Discussion with Lawyers’ Lawyers on Better Justice through Better Error Preservation Moderator Ceci Culpepper Berman Board Certified in Appellate Practice Brannock Humphries & Berman, Tampa

Panelists Gerald B. Cope Jr. Chair, Appellate Practice Group Akerman LLP, Miami

Henry M. Coxe III Board Certified in Criminal Trial Law Bedell, Dittmar, DeVault, Pillans & Coxe, Jacksonville

Rodolfo Sorondo Jr. Chair, Appellate Practice Group Holland & Knight LLP, Miami

In this great discussion, this trio of legal legends will reflect on pitfalls -- obvious and not – in error preservation, and the importance of how best practice achieves better justice and enables our profession to more profoundly gain the public trust.

4:55p.m. Program Close H. Scott Fingerhut

Appellate Practice: 3.0 hours Business Litigation: 3.0 hours Civil Trial: 3.0 hours Criminal Appellate Law: 3.0 hours Criminal Trial Law: 3.0 hours Juvenile Law: 3.0 hours