While most attorney-client relationships end without disputes over fees, disagreements can sometimes develop. These disputes often result from misunderstandings or communication breakdowns and can occasionally lead to a bar complaint. Fee issues can occur between attorneys and clients or even between attorneys involved in the same case. Although these disputes can be resolved through the courts, alternative solutions are available. The Florida Bar offers a fee arbitration program, which functions like a mini trial. In this program, an arbitrator makes a final and binding decision after reviewing evidence and hearing testimony. This arbitration process is free, voluntary, and can be initiated by either the attorney or the client. By utilizing this program, attorneys can better serve their clients and avoid involvement in the disciplinary system.

In today’s episode host Jamie Moore welcomes Shanell Schuyler and Steven Lesser to discuss The Florida Bar’s fee arbitration program.

Shanell Schuyler serves as the Director of the Attorney Consumer Assistance Program (ACAP) and Intake Department of The Florida Bar. She also supervises the Bar’s Grievance Mediation and Fee Arbitration Program, the Practice and Professionalism Enhancement Programs, and Diversion/Discipline Consultation Services. Shanell is a graduate of Florida State University, cum laude, with a B.S. in Finance, and Stetson University College of Law. She began working for The Florida Bar as a senior attorney in 2007. She became director of the ACAP/Intake Department in February 2012. Shanell is an active member of the National Organization of Bar Counsel where she frequently speaks on topics pertinent to lawyer regulation.

Steven B. Lesser chairs the national Construction Law and Litigation practice group at his firm. He is Board Certified in Construction Law by the Florida Bar and focuses solely on construction law and litigation, including governmental construction claims, defense, and hotel/condominium disputes. A Fellow of the American College of Construction Lawyers, he was elected to the Board of Governors in 2022 for a 3-year term. He has received numerous awards from the Florida Bar and American Bar Associations for his contributions to the construction industry.

Mr. Lesser is a Past-Chair of the American Bar Association’s Forum on Construction Law, the largest construction lawyer group globally, known for its scholarly publications and programs on construction law. He also served as Past-Chair of The Florida Bar Board of Legal Specialization and Education committee, overseeing the Bar’s certification plan and 27 certification committees. Additionally, he has held leadership roles in various Florida Bar and American Bar Association Committees, including Past-Chair of the Florida Bar Construction Law Certification Committee.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 0.5 hour of General CLE credit including 0.5 hour of Ethics CLE credit. Course # 8663.

REFERENCED RESOURCES:

Grievance Mediation & Fee Arbitration Committee [The Florida Bar]

Keep Your Fee Dispute Out of Court [Video]

Attorney/Consumer Assistance Program (ACAP)

Complaint Alternatives [The Florida Bar]

Bar’s Grievance Mediation and Fee Arbitration Program Seeks Volunteers [The Florida Bar]

Grievance Mediation & Fee Arbitration Volunteer Form

Rules Regulating The Florida Bar Chapter 14 Grievance Mediation and Fee Arbitration

Many lawyers struggle with the pressures of practicing law and the impact it has on their mental health and work performance. Finding some satisfaction in your work and even a sense of purpose can go a long way in alleviating the misery that you may be feeling. While you may still not love practicing law, you can learn to adjust your view to see the value that your work brings to your clients or to the community.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Stuart Teicher, to discuss his book, “How to Stop Hating the Law”. He offers actionable strategies for making the practice of law more enjoyable or at least more tolerable.

Stuart Teicher is a professional legal educator who focuses on ethics law and writing instruction. He is a Supreme Court appointee to the New Jersey District Ethics Committee where he investigates and prosecutes grievances filed against attorneys. Stuart teaches Professional Responsibility at Georgetown Law and undergraduate writing at Rutgers University in New Brunswick.

A practicing attorney for over 25 years, Stuart’s career is now dedicated to helping fellow attorneys survive the practice of law and thrive in the profession through seminars, in-house training for law firms, CLE instruction, and keynote speeches at conventions and association meetings. Stuart helps attorneys get better at what they do (and enjoy the process) through his entertaining and educational CLE performances. His previous book, “Navigating the Legal Ethics of Social Media and Technology”, was published by Thomson Reuters.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Mental Health and Wellness CLE credit. Course # 8579.

REFERENCED RESOURCES:

· Stuart Teicher

o Contact

o Buy My Book

o How to Stop Hating the Law: A path to hope for miserable lawyers [Amazon]

· Florida Bar Practice Resource Center CLEs with Stuart Teicher

· Florida Lawyers Helpline

· How to Start and Build a Law Practice [Amazon]

· LegalFuel: The Florida Bar’s Practice Resource Center

As an attorney, you rely on your staff, but HR issues with your staff can catch you off guard and when not handled properly, these issues can completely disrupt the successful delivery of service to your clients. Human Resource management is essential for every business, but in a small firm, the HR department is most likely just you. And like any business, firms must comply with federal and state labor laws on overtime, maternity leave, discrimination, etc. Unless you are a labor and employment law attorney, you may not be aware of all the requirements and best practices. This can result in inconsistent policy enforcement or inadequate documentation of performance issues, ultimately leading to some avoidable headaches.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Kevin Johnson, an employment defense attorney, and Shareholder of Johnson Jackson, to discuss HR best practices for law firms.

Kevin Johnson graduated from the University of Florida Levin College of Law, and is Board Certified in Labor and Employment Law by The Florida Bar since 2007. For more than two decades, Kevin has represented and advised employers about laws that affect their relationships with employees, helped them solve problems when they arise, and defended them against discrimination charges and lawsuits filed by their employees. His clients range from national restaurant chains, retail employers, and large hospitals, to independent restaurants, medical practices, and other local employers. Kevin has experience litigating cases in jurisdictions throughout the United States, both in single-plaintiff cases and in nationwide class and collective actions. He has been recognized in the field of employment law by various publications, including Best Lawyers in America, Florida Trend, and Super Lawyers. Kevin is AV-rated by Martindale Hubbell. He has also been recognized by The Florida Bar for his involvement with promoting technology and practice-management education for Florida lawyers.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Labor and Employment Law CLE credit. Course # 8619.

REFERENCED RESOURCES:

Johnson Jackson PLLC

• Kevin D. Johnson

SHRM

• How Small-Business Owners Successfully Delegate HR [SHRM]

U.S. Department of Labor

• Family and Medical Leave Act [U.S. Department of Labor]
• Wages and the Fair Labor Standards Act [U.S. Department of Labor]
• Employee or Independent Contractor Classification [U.S. Department of Labor]

U.S. Equal Employment Opportunity Commission

• Title VII of the Civil Rights Act of 1964 [U.S. Equal Employment Opportunity Commission]
• What You Should Know About the Pregnant Workers Fairness Act [U.S. Equal Employment Opportunity Commission]

Americans with Disabilities Act [U.S. Department of Justice Civil Rights Division]

U.S. Department of Labor mandates two salary threshold increases for white collar FLSA exemptions and a mechanism for future automatic increases [Employment Law Watch]

LegalFuel: The Florida Bar’s Practice Resource Center