Florida Injury Lawyer Blog

The Martin Luther King Holiday should mean more to us than a three-day weekend. It should be an opportunity for reflection on the life of an American who was dedicated to the non-violent resolution of conflict. As a Florida civil trial lawyer, I spend my days mired in disputes among my clients and the hospitals, doctors and corporations that have harmed them. Dr. King's message, as I understand it, was based upon a foundation of love. I wonder if Dr. King were alive today and able to counsel lawyers what advice he would have for us?

I suspect Dr. King would urge us to have a grassroots organization to protest laws that protect the wealthy and powerful. I imagine he would oppose Florida's complex medical malpractice statutes that serve doctors and hospitals at an injured patient's expense and insist that doctors practice with medical malpractice insurance. I doubt he would be pleased about Florida's caps on damages and the shortened statute of limitations.

I imagine he would insist that before any civil law suit could be filed that the parties be forced to sit down and try to resolve their claims. He would object to lawyers and law firms campaigning and donating money to the very same judges running for office that hear cases before them. Dr. King also fought hard against poverty and would inspire lawyers to do pro bono work as a mandatory obligation for the privilege of practicing plaintiff's personal injury law in Florida. He would inspire lawyers to use their knowledge of the law and political influence to prod local, state and federal governments to strengthen anti-poverty efforts. I am sure Dr. King would be dismayed to see the number of Americans living in the streets or children without adequate food, 45 years after his death.

Dr. King would have organized marches and protest surrounding the detainment of prisoners in Guantanamo. He would be disappointed in President Obama for not closing the prison as promised and would counsel him regarding the lack of identity given to the human beings America is holding prisoner for over ten years without a trial.

Lastly, I cannot imagine that Martin Luther King would not find the illegality of gay marriage in our country to be an offensive, homophobic contempt for life. He would deem it arrogant that a single sexual orientation would have the right to dictate its absurd dogma over others. I can see Dr. King organizing protests and marches across our country in support of same sex marriage in the spirit that he fought and poverty, racism and militarism.

In his memory I proudly reprint the words Dr. Martin Luther Kin, Jr. said in his last speech on April 3, 1968, the day before he was shot and killed on the balcony of the Lorraine Motel in Memphis, Tennessee.

In my book, Make It Your Own Law Firm I write quite a lot about the importance and value mentors have been for me as a Miami medical malpractice lawyer and I credit them- not just for the success of my law practice but for my life. My current view on mentors has shifted and evolved since I graduated from the University of Miami School of Law twenty years ago. I believe every law student needs a mentor and the best that I have found are those that are not being paid or employed by me.

I realize that most law students cannot afford to hire or pay mentors or coaches. Therefore, law students will need to find mentors who are ready and willing to provide guidance for free.

Rule 1: Choosing the Right Law School Mentor
Before a law student chooses a mentor, it is important to understand the limitations of what mentors can or should do. Think of a mentor like a Sherpa helping one to climb Mt. Everest. A mistake I have made, regrettably more than a few times, is selecting, hiring, paying and listening to the mentor or Sherpa who himself has never climbed Mt. Everest, much less successfully brought a party home alive. In other words whether it is being a trial lawyer, probate attorney, criminal defense lawyer or florist, do not listen to one of the many "gurus" who have never actually gone to law school,graduated and successfully practice law in the specialty area of your choice. .

Rule 2: Don't Get Addicted
Once you find this elusive Yoda, it is easy to become co-dependent. In other words, I have relied on others to make decisions that I did not want to make, such as where to apply for work, what area of law to practice, who to hire, how much to pay them or what tie to wear to a trial. It is easy to start to default by asking your mentor for help on every single decision. Try not to become so dependent that you are paralyzed from making any decisions on your own or going against your mentor's advice.

Rule 3: Don't Use Your Law School Mentor for Everything
Another mistake is thinking that your mentor for X can answer things for Y. I have mistakenly relied on a competent mentor in one area of my profession to guide me into another area for which he was not qualified or experienced to give advice. Much like asking your optometrist to do a rectal exam, there are special problems that require special knowledge and it is dangerous to rely on a single mentor to handle a variety of complex issues.

Rule 4: Don't Sleep With Your Mentor
Don't become friends with your mentor. What you need is objective guidance not a friend or romantic liaison. It is easy to fall into the "let's meet for a drink after work because I have to discuss something with you" trap. And it may not be your fault. Your mentor might be lonely and flattered by the attention of a young and attractive law student. It is easy to fall into a trap where you might not only lose invaluable guidance, but cause yourself embarrassment and destroy your career before it even starts. As a law student you need objective and kind advice. Once you cross the line, even as friends with your mentor, she might be unwilling to tell you what she really feels for fear that she might offend or hurt you. Keep the relationship with your mentor on a professional level at all times.

Be very careful if you sense the smallest possibility that your mentor might have an ulterior motive or be vulnerable to your charm. Unfortunately, my experience has taught me that very, very few people I have met in my profession are generous with the time and guidance while expecting absolutely nothing in return.

Rule 5: Remember to Mentor Another Law Student
The last rule is what I call the circle of life, much like in the Disney movie. I feel the true obligation I have to repay the many mentors I have had in my life is by offering to guide and mentor others. As a Florida personal injury lawyer I wrote "Make It Your Own Law Firm" to help spare law students facing the prospect of graduating without a job the pain and rejection I suffered. You would be surprised how much you may have already learned that can help another in your chosen area of practice.

Our Florida hip implant injury law firm receives several unsolicited resumes a week from recent law school graduates applying for positions at our South Florida personal injury law office.

Getting your resume into the right hands has never been more of a challenge than in today's current job market. If you blindly mass send your resume to a number of law firms, you will be lucky to get your resume past whomever they entrust to sort their junk mail from pleadings.

Today, the best way to get your resume into the right hand starts with figuring out where and how you would be the best fit for the potential employer. This starts with a long, hard look in the mirror and some hard-answered question. Ask yourself if you really, truly want to be a lawyer, and if so what kind. Like most recent law school grads, you probably know very few real lawyers, if any. So, meeting real lawyers is the first step and the sooner that starts the better.

In my book, "Make It Your Own Law Firm. The Ultimate Law Student's Guide to Owning, Managing and Marketing Your Own Successful Law Firm" I provide a detailed road map as to how to acquire and keep meaningful contacts that can and should become your mentors once you graduate.

The bottom line is you have to meet lawyers. Take a look at your state's bar journal or your city's or town's local bar association web site and find events that you can attend now. Most have weekly or monthly luncheons, meetings or cocktail parties that you can attend for little to nothing as a law student or recent graduate.

Lawyers to the Rescue is another excellent way for law students to meet and work with lawyers. Lawyers to the Rescue is a non-denominational humanitarian organization created by lawyers committed to bringing legal assistance and humanitarian support to people around the world in times of crisis--regardless of their race, religion, sexual orientation or political affiliation.

I believe one should create the relationship first with the potential employer and the interview will surely follow.

Bruce Shemrock
Trial Lawyer, Aronfeld Trial Lawyers

As a law firm that sues drug companies we were surprised to discover the U.S. Supreme Court ruled on June 23, 2011 that generic drug companies cannot be sued under state law over allegations that they failed to provide adequate label warnings about potential side effects. In the case they heard, the generic drug manufacturers argued that federal law barred these suits because the U.S. Food and Drug Administration (FDA) approved the subject name brand drugs, and that federal law requires generics to have the same labels as the name brand.

However, in 2009, the Supreme Court ruled that drug regulations do not protect pharmaceutical companies from being sued in state courts over drug labeling and failure to warn consumers of possible side effects. In this year's ruling, the Court agreed with the generic drug manufacturers that, because of the federal labeling law, they had no choice but to put the same labels on their products as the name brand drug manufacturers. Generic drug companies are therefore protected from responsibility for failure to warn of possible side effects if such warnings do not appear on the name brand drug label.

Some argue that this will change the face of drug dispensing. Consumers with good insurance or the ability to pay may now choose to take the name brand to get the extra protection of the possibility of suit should something go wrong. Others opine that prices of generic drugs may fall due to this new-found protection from lawsuits.

Our Florida defective product lawyers advise our friends and clients, to now carefully consider the question, "Is generic okay?" when you have prescriptions filled. Are you willing to forfeit your right to a claim should something go wrong for the sake of saving a few dollars? Theoretically, you could have a viable claim for injuries and a perfect right to assert your claim for injury in court, but such claim is completely barred by this ruling if the drug that injured you was generic.

As a Florida lawyer and founding member of Lawyers to the Rescue, I am pleased to announce the launch of our national fundraising campaign: 100 DAYS, 100 PEOPLE, 100 DOLLARS.

Lawyers to the Rescue is a humanitarian not-for-profit initiative created by lawyers committed to bringing legal assistance and humanitarian support to people around the world in times of crisis--regardless of their race, religion, sexual orientation or political affiliation. It is now launching a summer fundraising drive to support its outreach programs:

Our goal is that in next 100 DAYS, 100 PEOPLE will donate 100 DOLLARS and become Lawyers to the Rescue Heroes.

Everyone who contributes $100 will receive:
- Membership in Lawyers to the Rescue
- 100 Heroes Limited Edition Lapel Pin
- Autographed copy of "Sara Rose, Kid Lawyer."

Your gift can be recognized publicly, unless you prefer to give anonymously.

Donations are accepted on-line at: Lawyers to the Rescue. Proceeds benefit programs such as homeless legal clinics and anti-school-bullying symposiums. An average of 90 cents of every dollar Lawyers to the Rescue spends is invested in humanitarian services and programs. Lawyers to the Rescue is not a government agency; it relies on donations of time, money, and love to do its work.

Lawyers to the Rescue is a nonprofit, tax-exempt, publicly supported organization under Sections 501(c)(3) and 509(a)(1) of the IRS Code, and is incorporated and registered in Florida. All donations are tax deductible to the extent allowed by law.

As a Florida personal injury attorney and author of "Make It Your Own Law Firm," I am pleased to appear on Ann Levine's blog radio show to discuss how law students can and should prepare for their legal careers before even attending their first class.

Ann Levine is an experienced law school admissions director and is dedicated to helping people get into not only the law school they want, but the right law school. She is interviewing me because I believe that getting into law school is not the goal but only the beginning. Law students need to take a more proactive role in their careers as lawyers in addition to focusing on their legal education before they graduate.

As a Florida injury lawyer wrote "Make It Your Own Law Firm" to help guide law students into making an easier transition, not just from student to lawyer but to law firm owner. You can join me on Ann's show tomorrow by clicking on link below:

Click here to purchase your copy of "Make It Your Own Law Firm."

Graduating from law school is a major accomplishment for anyone. The problem facing most graduates this year is that most have no prospect of employment. Some newly- minted lawyers are having to rethink their careers just as most law firms are downsizing because of declining demand for legal services.

Law Schools keep spitting out more and more lawyers who. These graduates, for a variety of reasons, decided to invest years of hard work and hundreds of thousands of dollars to obtain a degree that most have no idea how to use or if they really even wanted it.

As a Miami lawyer, I wrote "Make It Your Own Law Firm, The Ultimate Law Student's Guide to Owning, Managing and Marketing Your Own Successful Law Firm" to help tell those considering becoming lawyers the truth--not just about being a lawyer, or becoming a lawyer--but the reality of how to graduate from law school and start your own law practice, surviving and thriving in this economy.

Make It Your Own Law Firm can be purchased on line at Make It Your Own Law Firm's website, Books and Books and as of today Book Horizons in Coral Gables.

Continue reading "Hope for Law Students Graduating Without a Job" »

El sábado 30 de abril a 2:00 PM presentamos mi libro Sara Rose, Kid Lawyer en la librería de Coconut Grove. Con la compra del libro contribuyes a la fundación que preside que se llama Lawyers to the Rescue.

Reenvia a tus contactos que puedan estar interesados en contribuir con la fundación.

As a Miami expert lawyer in specializing in civil trials, I believe that the lawyer one chooses can have a profound affect on the outcome of a given case, whether it be an administrative law issue or a zoning matter. The Florida Bar makes selecting and hiring an appropriate and qualified expert easier by carefully allowing only certain lawyers to claim that they are experts in a particular area.

The Florida Bar certifies expert lawyers in Admiralty and Maritime, Adoption Law, Anti-Trust and Trade, Appellate Practice, Aviation, Business Litigation, Government Law, Civil Trial, Construction Law, Criminal Appellate, Criminal Trial, Education Law, Elder, Health, Immigration, Intellectual, International, Labor, Family, Real Estate, State and Federal Government, Tax, Wills and Trusts and Estates and Worker's Compensation.
According to Florida Bar Rule 4-7.2(c)(3) only lawyers certified in these areas can use the words "specialize," "expert" or "expertise." So even lawyers who devote their entire careers to a certain area of the law are forbidden to claim they are experts unless the Florida Bar has certified them.

La horrenda noticia del terremoto, sunami, y escape nuclear que sucedio en Japon la semana pasada esta presente en las mentes de Abogados al Rescate y nuestros abogados de Miami. Si quisiera donar su tiempo o dinero, la Sociedad de La Cruz Roja Japonesa esta urgentemente necesitada de su ayuda y recursos.

Por favor unase con los Abogados al Rescate el miercoles 30 de marzo de 5:30pm a 6:30pm para una subasta y recaudacion de fundos en Sakura Japanese Restaurant 440 South Dixie Highway, Coral Gables, Florida 33146.

Todo lo recaudado sera donado a La Sociedad de La Cruz Roja Japonesa.

Para donar algun articulo para la subasta, por favor contacte a Dina Aronfeld.

The horrifying news of the earthquake, tsunami and nuclear leak that hit Japan late last week is vivid in the minds of Lawyers to the Rescue and our Miami lawyers. If you would like to donate your time or money, the Japanese Red Cross Society is in dire need of your help and resources.

Please join Lawyers to the Rescue on March 30, 2011 at 5:30 PM-6:30 PM for a silent auction and fund raiser at: Sakura Japanese Restaurant 440 S Dixie Hwy Coral Gables, FL 33146.

All proceeds go to the Japanese Red Cross Society.

To donate an item for auction please contact Dina Aronfeld.

Yo creci en Wichita, Kansas y mi mas querida amiga era Carrie Marcus. Tristemente, durante la secundaria elle fue diagnosticada con un cancer incurable. En ese tiempo, yo no sabia el significado de dicha enfermedad. Ella falto casi todo el ano, pero cuando ella asistia a clase siempre se vestia con su traje de dirigir los vivas en las competencias deportivas. Yo sabia que algo no estaba bien. En nuestro ultimo ano, ella estacionaba su auto en un parqueo para impedidos. Ella no tenia la calcomania de impedidos, probablemente por orgullo, y nuestro colegio le puso varias multas de parqueo.

Un dia en clase ella le estaba contando esto a nuestro maestro de ingles. El le dijo que se dirigiera al principal del colegio y yo pedi ir con ella para ayudarla. Fuimos al principal y yo "discuti" su caso. El podia ver que ella estaba enferma, mas de lo que yo pensaba o entendio, y acordo suspender sus multas. Ella me agradecio haberla ayudado y caminamos juntos de vuelta a clase. Esa fue la ultima vez que la vi. Ese momento se quedo conmigo por vida.

Usar mi abilidad para hablar por otra persona que no podia me dio una gran felicidad, ademas saber que ayude a mi amiga.

Siempre me decian que seria un buen abogado en la Florida. De hecho, nadie nunca me dijo que yo seria bueno en otra cosa. Yo queria ser un ciclista profesional, pero simplemente no tenia ese talento. En muchas ocasiones pienso en Carrie y le agradesco haber sido mi primera cliente. Para mi todo cliente es Carrie Marcus, y estoy orgulloso.

As a Florida medical malpractice lawyer, I see year after year dozens of law students graduate only to struggle to find a job. Many spent years and tens of thousands of dollars to attend and graduate from law school. Ultimately some find jobs, perhaps working for someone or something out of desperation. Sadly, others unable to find employment, abandon their dreams and find any work just to pay the bills.

I wrote Make It Your Own Law Firm, as a personal account of how I started and built my own law firm right out of law school many years ago. I provide a road map for any aspiring lawyer on how they can, upon graduation, literally set up their own successful firm.

I am honored that Florida International University College of Law is hosting the Official Launch of "Make It Your Own Law Firm, The Ultimate Law Student's Guide to Owning, Managing and Marketing Your Own Successful Law Firm" on January 27, 2011 at 5:30 PM. The event is open to the public and I will be reading portions of the book and signing copies. Please join us.

To pre-order a signed copy contact Spencer Aronfeld.

On December 18, 2010 come meet Miami personal injury lawyer Spencer Aronfeld the author of Sara Rose, Kid Lawyer America's newest super-hero, a tenacious fourth-grader girl who likes to argue. She argues with her parents, teachers, friends and little brother, Nory.

One day, her teacher tells her that when she grows up she would make a great lawyer. Before too long, Sara Rose ends up finding herself involved in a real case representing her class in front of the school board. Along the way, Sara Rose learns what lawyers do, who the famous lawyers are in history and how to become a real lawyer when she does grow up. attorney Spencer Aronfeld's Sara Rose, Kid Lawyer is an empowering and educational book that is fun to read for any kid thinking of a becoming a lawyer.

5:30pm at Books and Books in Coral Gables. Complimentary food and wine provided by the Dade County Bar Association and Lawyers to the Rescue.

I have always been moved at the beauty of the Hanukkah Menorah. Candles lit every night for eight nights to celebrate freedom. As a kid in Wichita, Kansas I would take my Menorah to school and show my school mates how we would light the candles each night and spin the dreidel. For many of my friends it was the first time that they had ever seen a Menorah.

As a father, lawyer and Coral Gables resident I am proud to co-host the Official City of Coral Gables Menorah Lighting with Rabbi Avrom Stolik and we invite you and your family to experience the wonder of this event.

This year, CBS News's Gio Benitez will have the honor to light the first candle.

Please join us as we will have free activities for children, music and Grandma Stolik's World Famous Hanukkah Latkes.

Join us on Ponce Circle in Coral Gables on December 5, 2010 at 5:00 PM. The event is free and open to the public. You do not have to be Jewish or live in Coral Gables.

Unwrapped new toys will be collected to be donated to patients at Holtz Children's Hospital. For more information contact Rabbi Avrom Stolik.