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Sunday, March 3, 2024

Self-Replenishing in Broward

A "closed ecosystem" is:
"a self-replenishing ecosystem in which life can be maintained without external factors or outside aid."
There is no plethora of such systems. We are not surrounded by such independence and interconnectivity. There was a time when geographic isolation drove such characterizations. The advent of technology long ago began to threaten and invade such singularity, isolation, or novelty. Many remember when one might drive from West Palm Beach to Miami over hours with punctuations of country driving interspersed between what has now become a massive and uninterrupted urban sprawl. Times change. 

I recently attended the Broward County Bar Association Worker’s Compensation Section meeting. I have enjoyed each iteration, and am grateful for invitations over the years. I saw some familiar faces, and reconnecting is of great value. I ran into some who were a bit affronted that I did not know them or recognize their names. Perhaps we all think we are a bit more famous than we are? I have no idea what it means when someone thinks they are famous.  

Late in the day, the conversation turned to various events, strengths, and the great turnout at this particular 2024 venue. I opined that live events are gaining traction in a post-Covid world. The Florida Bar Workers Comp Section "meet and greets" have been widely attended, and highly praised. There is a viral desire to be face-to-face. There is gratitude for the effort that requires. That desire may explain the great turnout in Broward. 

A group of us tried to further distill the spirit of the Broward County group. We struggled. I have always perceived this spring meeting as a positive experience. There are many lawyers, many opinions, and much diversity. I have never felt anyone pulling punches at this Broward event. But, I perceive it as heartfelt, interactive, and collegial. How does the collegiality in Broward always overshadow any disagreements? Is this a closed ecosystem?

One of the attendees, in the discussion of distilling the essence, said “the secret is that we all really do like each other.” That seems awfully simple. Can it be that easy? Is that so much to ask?

Substantively, I never expect to gain formal education from such gatherings. Generally, the CLE presentations are excellent, informative, and full of opportunities. However, I persistently find myself drawn to conversations in hallways, lobbies, and vestibules. Many people, enjoy, catching up, and casually conversing. I find that informative, refreshing, and endearing.

I did sit through several sessions of education. Content comes and goes at such opportunities. This year, I was particularly taken with the caselaw update. There was focus on both what is known, and what is debatable. I persistently find myself wondering if we really know as much as we think. "Known" may be a bridge too far in our self-perception. In any event, it is great to strive to understand different perspectives. Whether one agrees with analyses or not, it is extremely healthy and powerful to hear how people are interpreting decisions.

There are a great many who live and die by stare decisis. They believe in following court interpretations and precedents. There is an evolving trend in some quarters to revisit statutory analysis and to essentially devalue or ignore case law interpretation. There is, in that, some positivity of purpose. Just because a Court has decided it, just not being the answer remains the same today. This is particularly true if the statute has changed. See Precedents and Statutes (August 2023). 

The other program, I always find intriguing is the "view from the bench." It usually includes some illustration of differing perspectives. One might expect each judge would have an identical, singular view of process, procedure, and practice. As we grow and learn, we realize nothing to be further from the truth. Judges are individuals, they are independent, and they have their own views and perspectives. There is value in striving to understand how the judge in your case is likely to perceive and proceed. 

In this program, I was subjected to almost a full hour of Judge Daniel Lewis' humor. If you’ve never had a chance to interact with Judge Lewis, as they say in the South, "bless your heart." Decades? Longevity? Judge Lewis blew past 30 years of service a good while ago. You can’t tell it to look at him, he looks the same as he did the day I met him in 2001. He has not aged a bit, and rightfully deserves the title of the "Dick Clark" of Worker’s Compensation. 

All three Broward judges were effective and informative in their presentation. But, their day-long presence and participation was also powerful and reinforces the community feeling of this annual event.

So, to be clear, utmost gratitude and respect for the judges. But, as to the humor, perhaps there is strong support there for keeping the "day job?" In fairness, Judge Lewis got a lot of laughs. But, as Judge Dietz once pontificated "my jokes became 34.7% funnier the day I was appointed." Now that is funny. 

Who goes to these events? Obviously, some practitioners that need to learn and do better are there to soak up information. Amazingly, many in the audience should be teaching. But some of those are striving to headline less. I get that. Others are at such events to market their services. Some come to see old friends. Some were there to honor the Hall of Fame inductee Mr. Massey. And perhaps some came just to reinforce their strength, energy, and collegiality. There is power in community and it is worth pursuing. If it is a closed system, is it unique?

On the same trip, I had opportunities to chat with the staff and judges in three district offices. It was a great opportunity to gather feedback, and perceptions, and reminisce. I am astounded by the number of OJCC staff members who measure their service in decades. Time flies, and many of them I think of as contemporaries. That reflection of my own age is sometimes hard to face. I am proud of our long-timers and their contributions to serving you. 

In all, a great trip to Broward. There were many opportunities and revelations. The best line of the trip though was the comment about "really liking each other." There is genuinness in that. There is sincerity in that. But, as I hit other workers' compensation events around Florida, I see the same. The atmosphere of collegiality in Broward is charged and powerful, but it is not unique. 

The community there is no more a closed system than is the Florida Bar Section. But, there is community. And it is magnified by the tendency toward a closed ecosystem. Each is "self-replenishing." Each is maintained without significant outside help. But all are sustained by the collective collegiality, cooperation, and contribution. 

Test my collegiality theory and join me in Miami and West Palm Beach in March. I am looking forward to hearing what is important to you. We can catch up, reinforce our commitment to community, and perhaps learn something? I will keep the jokes to a minimum, I promise. If you plan to attend either event, email and let me know. I will strive to ensure that we get an accurate head count.