LOOK OUT BELOW:  Blunders, Landmines and the Consequences of Poor Attorney Performance in the Preservation of Record Error

Originally presented on June 11, 2021

The Florida 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, and The Florida Bar Trial Lawyers Section

Friday, June 11, 2021
2:00p-5:00pm
Hilton Bonnett Creek
The Florida Bar Annual Convention
AND Live Webcast

Course Number: 4379
Course Level: Advanced
CLE Credit: 3.0

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.

PROGRAM

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

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

2:10pm-2:40pm
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.

2:40p-2:45p
Introduction of Criminal Law Presentation
Yohance Asim Pettis, CLE Chair, Trial Lawyers Section
United States Attorney’s Office, Tampa

2:45pm-3:25pm
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, 15^th 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.

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

3:30pm-4:10pm
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.

4:10pm-4:55pm
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.

4:55pm – 5:00pm
Program Close
Scott Fingerhut, Program Chair and CLE Chair, Criminal Law Section
FIU College of Law and H. Scott Fingerhut, P.A., Miami