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Tuesday, November 10, 2026

Pot 2026

The debates around dope are continuing. Forbes notes that 2026 Ballot issues had "implications for everything from workplace accommodations to drug testing and criminal background checks."

Dope is not new to these pages. See Edibles and Illness (November 2023); Scromiting (December 2025); Dope and Heart Disease (March 2024); Dopey (May 2024); Misinformation and Misdirection (July 2024); Smoking Never Killed Anyone (August 2024); Dopey Vernacular (September 2024). It is a notable point that people have lost jobs for using "legal" weed. Turns out it is not legal. See Decriminalizing Marijuana (May 2021).

The Forbes coverage says that "Massachusetts voters approved recreational marijuana in 2016," and the pot industry there has grown strong. But the voters could decide to "dismantle that market." That potential path includes a swath of recreational weed but would not have changed "medical marijuana."  

KATV ABC7 reported that the voters rejected that effort by a wide margin, with "approximately 76% of voters opposing the measure and 24% supporting it." That coverage explains that the measure would have impacted "laws allowing the regulated sale, taxation and home cultivation of recreational marijuana" as well as "penalties for certain marijuana possession offenses."

Intriguingly, the driving force appears to be concerns that are not new, according to Forbes. There is mention of "youth access, impaired driving, mental health, and the commercialization." The proponents of change contend that allowing recreational cannabis "has brought consequences voters didn't fully anticipate in 2016."

Forbes provides an overview of pot in the workplace, "reasonable accommodation" for those who use it, and whether state law protects employees who use illegal drugs in the workplace. Notably, the current "recreational" debate would not have changed those issues.

Idaho also had weed on its mind, with a proposed constitutional amendment to clarify who controls questions about drugs there. The use of "ballot initiatives" could have become unavailable with all authority delegated to the Idaho legislature. The citizens rejected that effort, House Joint Resolution 4, according to the Idaho Capital Sun. The margin was not close: "66.1% voted against" the measure. 

That said, "All forms of marijuana and cannabis are illegal in Idaho and remain illegal." The statement is clear. In fairness, that statement remains true in every U.S. jurisdiction.

Further south, the citizens of Houston are being asked if they want "enforcement of certain marijuana offenses a lower priority." This is a simpler question than law change and seems instead to be a decision about whether and how to enforce existing law.

KPRC NBC2 reported that Houston voters "approved Proposition A." This categorized dope offenses as the "lowest enforcement priority and prohibits officers from using no-knock search warrants."  The margin was similarly significant, with 71% of voters in favor of the changes. 

The Forbes article provides insight about the potential impacts on the workplace and the timing. The issues are complicated in the broadest contexts. Workplaces will continue to face difficult decisions regarding the presence of intoxicants, detectability, and impairment in any event. Whether there is a criminal investigation or prosecution will not change the workplace issues.  

There are various perspectives. The implications are important for those who choose to use drugs, their employers, and their coworkers. Of these, the coworkers are perhaps the least able to engage in the interest of their own safety. They have the option of appealing to management, diligently avoiding risks, and perhaps voting with their feet and locating alternative employment. 

Some estimate the population that "struggles with a substance use disorder" may be as high as 11 million Americans. Perhaps as many as "one in 12 workers (is) dealing with an untreated substance use disorder." That is a significant statistic; more than 8% of workers may be struggling with substance issues. 

Those coworker and employer challenges and options do not change with questions of criminality. They persist whether the intoxicant is legal alcohol, appropriately used prescription medication in the wrong environment, illegal pot, or other illicit drugs. And these only address intentional consumption. There are also chances for mistaken or accidental exposure or consumption.

The potential for workplace injury and liability remains. The public sentiment, at least in these instances, seems in favor of more intoxicant access or even protection. The challenges remain for the coworker, bystander, and more.  

Sunday, November 8, 2026

Community Engagement

There is room for community collaboration and education. Nay, there is necessity and demand for both. 

The Florida OJCC recently had an inspiring opportunity with the University of West Florida (UWF). Legal education has evolved in the 21st century, and with it the idea of "Legal Studies." Students preparing for a career in the law can study the law in undergraduate school. 

This did not exist in the old days. Most law school aspirants in the 20th century seemingly majored in political science, history, or English. The only undergraduate law class I ever experienced was Business Law. That was a very broad exposure to a variety of legal concepts, with a decided focus on business applications. My professor often presented it in tennis attire, and I thought his lifestyle seemed enviable (but I digress).

Today, through Legal Studies, there is a sizeable population of students achieving a legal foundation that thoroughly prepares them for the law school experience. Through the UWF Legal Studies Pre-Law program, legal concepts were similarly recently introduced to, and reinforced for, the local community. 

On October 30, 2026, a free program was presented featuring law and its impact on business. This included workers' compensation, employment law, business organization, and more. The theme was preparing businesses to interact with and facilitate the law. This kind of program is possible because of forward-thinking educators and community-committed judges and lawyers. 

The obvious OJCC focus was workers' compensation. Judge Walker (PNS) led an hour-long panel discussion including critical foundations, statutory parameters, and practical tips. The attendees gained both substantive, specific knowledge and broad insight into the process of litigation. 

The employment law portion was led by Dr. Charles Penrod, UWF Department Chair of Legal Studies and Pre-Law. This focused on the "alphabet soup" of federal laws that impact business daily, including the ADA, FMLA, ADEA, and more. There are any number of challenges that impact the day-to-day of American business and personnel management. Many of these are intertwined with the impacts of work injuries and the challenges of return to work.

The program concluded with a broad discussion of the challenges of owning or managing a business and making difficult day-to-day and strategic decisions. This was also moderated by Dr. Penrod. 

The benefits of the program were patent. It was a local program providing small-group opportunities for questions and interaction. It highlighted collaboration and community engagement. The Northwest Pensacola Paralegal Association was a co-sponsor and promoter of the program. Its members also attended, benefiting from the foundations and perspectives presented. 

The result of this effort is a positive impact on the Pensacola community. The collaboration between UWF, members of the local bar, and the Florida OJCC synergistically benefited the community. In the process, awareness was raised, questions were answered, and relationships were encouraged. 

The event is hopefully destined for annual repetition. Perhaps variety will find its way into the format or curricula, but the collaboration and community will remain. And with similar local commitment elsewhere, the program and benefits could be replicated in virtually any Florida city. Contact me (judgelangham@yahoo.com) if you would like to explore that with our judges in your community.

Thanks to Judge Walker and Dr. Penrod for building, organizing, and presenting this community opportunity. 

Susan Marks of McConnaughhay Coonrod and 
Brian Carter of Michles and Booth. 

Thursday, November 5, 2026

Who is in Charge?

A recent news article highlighted a lawsuit by a law school professor at the University of Kentucky. He wants a former Federal District Judge precluded from serving as the law school dean. He and other faculty members believe the former judge, Van Tatenhove, "lacks qualifications to be dean."

More broadly, the professor contends that the appointment of this judge as dean "violated (the professor's) employee contract and that the appointment put the college's accreditation at risk." He contends that hiring Judge Tatenhove “was an arbitrary exercise of government power.” The institution, in deciding who it would hire for a job, was arbitrary in the view of the law professor.

Does an employee have a protected property interest in the status of the employer? In a broad context, might an employee sue the retailer they work for because some business decision might impair that business' legal standing or licensure? Or is that the business' problem? Is the employee entitled only to a paycheck, or somehow to the persistence of the employer?

In the realm of the employer/employee relationship writ large, that is an intriguing discussion. Who is in charge? Who is responsible for the business' viability? My business law students might ask viable questions about things like contract parties, intended third-party beneficiaries,  standing, and more. There are great foundations here for an essay question. 

The accreditation issue here essentially comes down to criteria set forth by the "American Bar Association, a voluntary organization to which many lawyers belong." That club started doing law school accreditation in 1923.* It is inextricably intertwined with the whole idea of an admission exam in various jurisdictions, and that idea has both waxed and waned over the last 100 years. 

Many are surprised to learn that the whole idea of law schools is not some ancient tradition or mandate. Law schools have existed in this country since its founding. But some have conferred degrees in different forms. In fact, the idea of law schools providing a doctorate instead of a bachelor's degree was mid-20th century. 

There have been various periods in some jurisdictions when merely graduating from law school was enough to be licensed by the state (called "diploma privilege"). During the pandemic, there were various responses to licensing requirements. See Is there Repair (April 2021). More recently, Washington reinstituted a diploma waiver in response to its own ineptitude in conducting an examination. 

Some will see this as an indictment of bar examinations. If examination is important and relevant, how is a waiver rational in any setting? If it is important, how is it less so when there is a virus, ineptitude, or even a whim?

Beyond that, does a student have a property right in licensure? In a particular path to licensure? Does a professor? Is there some reason law school itself could not be simply eliminated from state licensure? 

As the law school trend developed in Florida, so did the state's constitutional separation of powers. In 1955, the Florida Supreme Court created the Florida Board of Bar Examiners. Faced with the burden of deciding who could take the bar exam, and thus who could practice, the Court delegated. Florida history before that time included various paths, including a diploma privilege era. 

In the mid-1950s, the Court required that applicants for admission to the bar must be "graduates of law schools approved by the American Bar Association or members of the Association of American Law Schools." I am periodically surprised by how obscure the AALS reference has become. It is known in academia, but I find few lawyers conversant in that alternative. 

In rendering that delegation decision, "the Court candidly admitted it was simply 'unequipped to make such a determination (of school's sufficiency) ourselves because of financial limitations and the press of judicial business." Some would argue that the delegation to the ABA and AALS was an expediency or convenience. 

Does it matter what a lawyer's association thinks of a particular law school? Well, it matters a great deal when a state's authority places imprimatur on that accreditation. Through the licensing authority delegation, there is reliance on the standards established by that organization of lawyers or organization of schools. 

None of those lawyers or schools, or their groups, need to be elected by or answerable to the people of Florida. In fairness, there is similarly no need for the justices of the Supreme Court to be elected or answerable to the people except in the context of standing for retention election periodically. Nonetheless, the state constitution vests in the court exclusive authority to decide who may practice law. That judicial authority, and any delegation that follows from it, is the power of the people granted to the court. 

In its accreditation path, the ABA dictates that a school must be collaborative. Standard 201. Beyond just a law school, any university policies "shall be consistent with the (ABA) Standards." The school shall have a dean, and the dean must usually "also hold appointment as a member of the faculty with tenure." The selection of a dean shall be through a process "that assures meaningful involvement by the faculty." Standard 203. 

An "interpretation" (203-1) says that this means "a dean should not be appointed or reappointed to a new term over the stated objection of a substantial majority of the faculty." Thus, the state might decide who can practice law, the lawyers' club might decide what schools satisfy standards, and the professors might collectively decide (or influence) how any particular school is run.

The Pennsylvania Supreme Court concluded that the state's workers' compensation statute could not delegate permanent impairment rating calculation to the American Medical Association prospectively. See Pennsylvania High Court Magnifies Protz (June 2017). 

The Court there explained that a legislature could not adopt or incorporate "sight unseen, subsequent modifications to such standards." Essentially, it concluded that the legislature is free to adopt a private organization's standard, such as the AMA Guides, but only those standards that exist at that moment of adoption.

The delegations to the ABA over the years may not follow similar criteria or constraints. Instead, state authorities may seemingly delegate state bar standards to the ABA accreditation broadly. As that private organization's standards fluctuate, the delegation persists despite the concerns or constraints discussed in Protz and a variety of other similar delegation decisions.

The legislature cannot delegate authority, even to the AMA, to make non-governmental, committee decisions that impact people through the regulatory power of the state. Is it somehow different for the judicial branch? Can the judicial branch constitutionally delegate to the ABA regarding who can or cannot take a bar exam, subject to whatever future changes the ABA makes in its criteria?

In other words, when a state defers to ABA accreditation as the primary qualifier for bar exam eligibility, does that delegation mean those accreditation standards as they existed when the delegation occurred, or may the ABA change its various standards and conclusions thereafter with conclusive effect? 

The Florida Supreme Court rectified this challenge significantly in 2026, concluding that the "more than three-decade dependence on the American Bar Association" was not necessarily appropriate. Following the October 1 effective date of that change, Florida will look to additional criteria for determining bar exam eligibility. In Re: Amendments to Rules Regulating The Florida Bar, 426 So. 3d 457 (Fla. 2026). See also Adams, UM Law Review Insights, March 2026. That also discusses the involvement of the federal government and thus potential federalism issues.

This Court decision does not eliminate the ABA as "an accrediting" authority. Nonetheless, it prospectively eliminates the ABA's role as "the sole gatekeeper deciding which law schools' graduates are eligible." The graduates from ABA-accredited schools remain eligible, but the ABA loses its constricting and exclusive delegated authority. With that, is there impact on the role of faculty, universities, and more as regards school leadership?

This all implicates a variety of complications. Might a law school in one state qualify students for that state's bar exam but not another state's? Imagine that different states adopt significantly distinct standards, instead of the present ABA coincidence. Will various states have different standards? Is that really different than various states randomly requiring or waiving bar exams?

It may not be dissimilar from the trend in which states have adopted the Uniform Bar Exam (UBE), yielded their own exam standards, and adopted a national and uniform product. Are those states adopting each such exam as it is drafted, or have states delegated authority prospectively, a la Protz? Will there be distinctions for students who project or predict certain licensure paths or procedures?

There is anticipation that the Florida Court itself will accredit law schools or will delegate its authority in that regard. The In Re: Amendments opinion describes its goals with focus on "the quality of legal education and successful student outcomes." And there is a pointed reference to affordability, "free exchange of ideas," and "the principle of non-discrimination," all admirable. Perhaps there is also reaffirmation of federalism and state authority.

The reader will note that this analysis ignores various broader issues. For example, does any employee have a property right in the status quo of a business? If a lawyer is hired by a firm listed by "Best Lawyers" or "Law Firm of the Year," can that employee sue to somehow force firm management to maintain that accolade? Is there a property right in accreditation or even reputation?

Or is the employee essentially hired to perform a function in exchange for some reward? Whether that is practicing law or educating students. Is this an economic exchange or a collaborative cooperative? Imagine a production line worker suing Ford over the Pinto design. Or a line cook suing Cracker Barrel over the CEO's recent decision to rebrand. Who charts the course of the institution and answers to the owner(s)?

Some will see a distinction between a line cook, production line worker, and law professor. But in the end, economic exchange in the world of work is a value exchange. Certainly, the employee may be inspired and make suggestions like the janitor who claims he invented Flamin' Hot Cheetos. Certainly, the employee has a vested interest in the employer's survival and even prestige.

But, ultimately, the company leadership chooses the course. The cooks and waitresses are at work today at Cracker Barrel even as Julie Masino departed; the line is still rolling at Ford even after Lee Iacocca departed just before the Pinto recall. Leadership is responsible, though the workers may ultimately pay the price of poor decisions. 

Leadership decisions affect leaders and certainly affect entire organizations. But a collaborative effort to gain consensus on a gas tank design or a restaurant rebranding would be unwieldy and unwarranted. 

Is it feasible for a business to chart its course through collaborative decisions? Can a company choose its leadership through employee election? Certainly, companies do so through shareholder elections. Is that different? Should it be so in higher education?

Should an entity's course be determined by collaborative consensus? If it is, and law school appears to be under the ABA mandate, should all the contributors be held responsible for the outcomes? In the end, there are many questions worthy of consideration. With the Florida Court's decision, change may come here. Possibly, that will answer questions about who is in charge.  


*Langham, Floridiana and the Workers' Compensation Adjudicators, 2024. 


Tuesday, November 3, 2026

Judges and AI

A year ago, I noted "hubbub surrounding two federal judges" and the AI craze sweeping America. See Trust but Verify (August 2025) and Just Delete It? (October 2025). One of the instances discussed there was "Judge Henry Wingate (78) of Mississippi (who) was appointed in 1985 by Ronald Reagan."

The situation then involved "a lapse in human oversight." Judge Wingate "reportedly deleted the (AI) order riddled with mistakes." A new order was then purportedly substituted for the erroneous original. Reporting then described Judge Wingate's solution to prevent future instances of AI error and hallucination would be double-checking "by a second law clerk before submission to" the judge. Would double-checking by the judge be a good alternative to that? 

The Fifth Circuit Court of Appeals recently issued an order in Jackson Fed'n of Tchrs. v. Fitch, No. 25-60496, 2026 WL 3167654 (5th Cir. Oct. 22, 2026), and it has attracted attention. It appears this may address the order discussed in the previous posts. This 5th Circuit decision reversed Judge Wingate and concluded that a change of trial judges was necessary.

It noted that a preliminary injunction had been entered August 18, 2025 by Judge Wingate. The court explained that review of such an injunction is by the "abuse of discretion" standard. It reminded that "grant(ing) a preliminary injunction based on incorrect legal principles '[b]y definition'" is abuse of discretion. That sentence is compelling and informative on the abuse standard of review. 

The court's description is difficult to read; the law that must be comprehended and interpreted is complex. Undoubtedly, the process that the 5th Circuit describes, the "Moody two-step process," sounds involved and factually intense. It includes a "rigorous standard" and careful weighing of competing considerations. 

In Fitch, a temporary restraining order (TRO) was entered on July 20, 2025, with "eleven individuals and organizations who had never been party to the case" named as plaintiffs. The "named ... defendants (were) two officials who were not actually sued." The court also noted other foundational flaws ("without evidence").

Then a defense "motion to clarify" led to an unexplained "seemingly corrected version" of the July 20, 2025 order. The original was "replaced" in that process rather than an amended order entered. The defense asked that this original document "be restored to the docket to keep the record whole." That request was denied. Deleting a public record from the docket is troubling. 

Following a Senatorial inquiry, "Judge Wingate admitted the errors, claiming that a law clerk had used AI to assist drafting an earlier version of the TRO that was docketed by mistake." In addition to other procedural criticism, the 5th Circuit noted that the second TRO ("backdated to July 20") "did not correct all of the errors," and one hallucinated case remained thereafter until discovered at the appellate oral argument.

The appellate court made observations about Judge Wingate's process and noted he had essentially "take(n) the plaintiffs' claims as true, with barely a glance at the arguments of the defendants." This, it characterized as "legal analysis so poor that it hardly deserves the label." 

Elsewhere, the court used the terms "laxity in observing binding authority," an analysis "completely backwards," and a situation "deeply troubling." It notes the "substantive reasoning is poor at best." The court concludes that "the order badly misunderstands" a 2025 U.S. Supreme Court decision. Reversal for reconsideration of these flaws was necessary. 

Additionally, having noted the various shortcomings and concluding to reverse, the 5th Circuit concluded that it was appropriate to exercise "an 'extraordinary' and 'rarely invoked' power” and to reassign the case to another judge on remand.

The analysis and explanation there are clear. First, the "AI-hallucinated 'facts' from (the) original TRO" and the lack of explanation in the second order, later issued with a similar TRO outcome despite then being "without the false evidence to support it." The Circuit Court also noted 
"the public esteem for the judiciary would be diminished by sending this case back to the same judge for judgment on facts and law entirely different from those upon which he supported his initial TRO"
Furthermore, it noted some judge would have to begin the analysis in Fitch anew because of the direction this opinion provides on Moody, and more. Thus, the court concluded, "'regrettably,' the waste of the tainted proceedings is 'already on the balance sheet.'” Citation omitted. 

It noted also "that an objective observer might question the impartiality of the proceedings" and "therefore might further question later proceedings run by the same judge." Perhaps that is always a potential when a judge's conclusion is reversed, and remand is appropriate? 

The analysis in Fitch is significant. The perils of artificial intelligence are illustrated. The perils of reliance on paraprofessionals, law clerks, and others are also worthy of consideration. The lawyer or judge who signs their name is responsible regardless of the source of facts or law. The review process requires personal attention.

For the judge, the order itself requires personal attention. It is, ultimately, the judge's order. This remains whether it relies on law and analysis of a party seeking an outcome, is the result of some law clerk's foundational work, or is the judge's personal research and drafting. The end product is the judge's, and neither AI nor clerk involvement changes that. 

For us all, the lesson must be that tasks may be delegated, but responsibility cannot. As important, the impact of errors may be significant in the time and effort of others. This may be in lawyers redoing research and amending filings or in judges reconsidering and issuing amended orders. In either case, open and clear correction with acknowledgement of mistakes or errors is the appropriate path. 



Sunday, November 1, 2026

A Referral to The Bar

The human psyche seeks affirmation or, at a minimum, desires it. There is an innate human need for acceptance, though there are those among us who need it less for whatever reason. All that considered, embarrassment is troubling to most people, whether it is writ large or merely some social faux pas. 

These thoughts struck me with the recent rendition of Lisandrilo v. Palozzi, 2026 WL 2727559 (Fla. 4th DCA September 16, 2026). There, the language is frank and perhaps troubling. The analysis is critical and somewhat unforgiving. There is embarrassment, or at least should be.

The appellate court was asked to grant an extraordinary writ. See A Law Student and a Series of Dumb Mistakes (May 2018). The appellate court summarily denied that request and nonetheless wrote “to address counsel’s filing of what appears to be 'AI Slop.'” This was described as “gibberish” and evidenced “abuse (of) the litigation process in different ways—including churning out the convoluted, false, and frivolous arguments." That criticism will be seen by some as harsh. Others may welcome it. 

After a brief reminder that “abusive AI filing threatens the orderly administration of justice,” the court provides edification for the parties and public. It is imperative that all orders are of value to the litigants in a particular case but that they also are the fabric of the common law and inform a far wider audience. 

The challenges in the trial court began with a party electing to disregard a judge’s Family Law visitation order. The attorney may have unsuccessfully encouraged client compliance but in filings seemingly strove to excuse non-compliance. This was followed by a “41-page … ‘Urgent Omnibus Application,’” which sought “13 forms of relief.” 

It is likely worth mentioning that the lawyer is board certified in Family Law, and has 15 years’ experience practicing. According to their firm website, the lawyer is “considered one of the top lawyers in the state of Florida.” Accolades listed there also include “a Rising Star and Super Lawyer,” a “Top Lawyer," again, “a Top Lawyer,” Legal Elite Top Lawyer,” as well as “one of the 40 Under 40 Outstanding Lawyers of South Florida.” 

As a side note, being "one of the top lawyers" may be a matter of opinion. How anyone is perceived, by self or others, may be difficult to judge, quantify, and sustain. May I just add that I am one of the top blog writers in the Milky Way Galaxy? I also have a coffee cup that certifies I am "the world's best boss." See Rule 4-7.14, Rules Regulating The Florida Bar. Do perceptions matter? Do they change with the passage of time and other circumstances? 

That Omnibus Application was soon followed in the trial court by an “emergency motion to vacate” the visitation order being ignored and “three separate motions in limine,” addressing testimony anticipated in a motion hearing. At that hearing, instead of addressing the “emergency motion,” the attorney apparently proceeded with the “urgent” and “omnibus” motion. It was denied, and the court adjourned with the intent to reconvene later that day to address the original issue—contempt for non-compliance, the original decision to disregard the initial order.

That hearing included respondent presenting evidence of petitioner's violation of the order. The petitioner chose not to present contrary evidence but “again tried to rely on ‘prior filings.’” In the end, the petitioner was held in contempt.

Additionally, the “petitioner filed a 33-page motion to disqualify the judge.” This “raise[d] many frivolous arguments, including arguments that are contrary to the record, and its denial led to the filing of a “61-page emergency petition (in the Fourth District that) seeks a writ of prohibition” regarding the disqualification denial and also “certiorari review of seven other rulings.”

The appellate court includes portions of that filing in an appendix to the decision and describes the filing contents with phrases like
“confusing request”
“frivolous argument”
“a string of convoluted arguments”
“abuse of procedure”
“request for certiorari relief are frivolous”
“has no precedential value and should not have been cited.”
“irrelevant”
“solely to disparage the judge”
“falsely alleges”
“does not accurately represent”
“legally insufficient”
“allegations ….contrary to the record”
“merely complain about adverse rulings”
“legal gibberish”
“bizarre”
Emphasis of “seemingly random sentences”
“bogus arguments”
“issue churning”
“unpreserved issues”
“scattershot arguments”
“spurious arguments”
“laundry list of convoluted arguments”
“an AI supercomputer would struggle to find meaning in some of the prose”
The opinion concludes:
“pro se litigants and lawyers can easily abuse AI to crank out extensive and confounding documents that cause delay, annoyance, and expense to the other side. Busy courts can drown in a flood of filings that are difficult to navigate.”
Citing Fla. R. Gen. Prac. & Jud. Admin. 2.515(d)(2), the Fourth DCA says that counsel’s signature is representation that the pleading has been read, and “that there are good grounds to support” it, and it “is not interposed for delay.” This is akin to Rule 11. See Headnote Lawyers (August 2026), and A Positive Step (June 2026). Instead, the court concludes that the filings there were “abusive motion practice.” The court concludes that the conduct “implicates many rules of professional conduct,” mentioning:
"4-1.1 (“Competence”); R. Regulating Fla. Bar 4-2.1 (“Adviser”); R. Regulating Fla. Bar 4-3.1 (“Meritorious Claims and Contentions”); R. Regulating Fla. Bar 4-3.2 (“Expediting Litigation”); and R. Regulating Fla. Bar 4-3.3 (“Candor toward the Tribunal”). Counsel’s conduct also raises ethical questions concerning billing. R.Regulating Fla. Bar 4-1.5 (“Fees and Costs for Legal Services”)"
The court concluded allowing the attorney ten days to show cause “without the use of AI” why sanctions should not be imposed. And why the matter should not be referred to The Florida Bar. I do not recall an instance in which a court imposed a prophylactic AI prohibition of that nature. That, in itself, is interesting. 

The court opinion is not final and not yet “released for publication.” The attorney’s response to the order to show cause certainly left the door open to provide explanation and alter the ultimate outcome. Nonetheless, the court's decision became reasonably public on blogs, websites, social media, and the news. 

The response was filed September 28, 2026. It is lengthy (over 80 pages)  and an interesting read. It explains that "it is often true that what a lawyer says in eight words could be said in two" but also notes that responding to statements may take more words than the statements, and that in this response "I chose completeness of the record over brevity." Choosing 80 pages is interesting in itself.

This response focuses initially on the court noting the previous filings' "appearance," i.e., "appears to be 'AI Slop.'” The attorney takes issue with appearance, suggesting substance is the point. The attorney then cites "The Florida Bar's advisory opinion on generative artificial intelligence," notes that "delegation" is not appropriate, and acknowledges the lawyer remains "ultimately responsible for the work product." 

The responding lawyer admirably accepts responsibility for all decisions and filings. Stated plainly, they note:
"I do not delegate the generation of a filing to artificial intelligence, to any tool, or to any other person"

"I would not trust a machine to do what I do not entrust to another human being, and I do not."

"Every word I file is a word I have read, judged, verified against its source, and adopted as my own."
Those statements should be engraved on the wall of every lawyer's office. You can use a tool, but you remain responsible. See A Fool with a Tool (January 2024). 

The responding attorney then notes that Fla. R. Gen. Prac. & Jud. Admin. 2.515, 435 So. 3d 5, 5-7 (Fla. 2026), "amended this year," is focused narrowly; it "asks whether the authorities identified "exist and are accurately cited." That is narrower than an obligation to read, and that signature is an endorsement and certification. 

The responding attorney also stresses this was a pro bono case as directed by "chapter 61" (which I have not been able to locate). It is possible that this is a reference to the American Bar's Rule 6.1 on pro bono service. It may also be a reference to The Rules Regulating The Florida Bar, Rule 4-6.1. I resorted to AI to find "chapter 61" and was disappointed. "Chapter 61," might make some suspect AI, but the response was specifically prepared “without the use of AI.” 

In a somewhat more difficult-to-find conclusion, the Fourth District closed its Order to Show Cause on October 21, 2026 with a referral to The Florida Bar. This concludes that the attorney "does not deny using AI but evades the issue." The court again mentions the attorney's use of a "rough transcript" and concludes the lawyer then "intentionally brought a false claim that she was mocked."

The court concluded, succinctly and critically:
"That counsel believes her practice in this case is acceptable raises many issues that the Florida Bar should consider."
That process will proceed as such matters do. Time will pass before a conclusion. The analysis and outcome will be interesting in the broad context of legal practice, AI engagement, and the discipline process. 

Regardless of that outcome, some points will remain as object lessons for all filers. First, just because AI makes it sound plausible does not mean it is persuasive, rational, or legally appropriate. Second, the filer has every obligation to read before signing, despite the potential to read the rules more narrowly. Third, signing means something and could lead to inquiry or worse. Fourth, substantively, when given your opportunity to be heard, it is advisable that you either speak or accept that your waiver has meaning.

There is also encouragement here to be brief. Every lecture on trial practice I have attended has stressed this. Litigants may have 100 points to make, but time and space are limited. There must be discretion exercised; brevity can be powerful, and the most critical points must be prioritized.

Finally, I am reminded of the former Eastern Airlines. Their slogan was catchy, and we old folks will remember "we earn our wings every day." No one cares how smooth the landing was, how courteous the crew was, or how clean the airplane was on yesterday's flight. We all want the best care, courtesy, and cleanliness on our own flight—today. 

Lawyers are no different. Every client is special. Every case or assignment is important. Every action, inaction, and discourse matters—to someone. What matters in this case, today, is what happens in this case. Reputation also matters and is built over years. Must the lawyer perform to standards completely each and every day? "Come on. You could say. It's okay. They know." My Cousin Vinny (20th Century, 1992).

Thursday, October 29, 2026

The Tiffany Problem

We all suffer from the implications of predisposition or bias. I have striven to address these from the litigation perspective in Unseen Influence: Unconscious Predisposition in Dispute Resolution (2025); Since then, I have published multiple posts focusing on the topic, see the 15 posts at the end of this one.

The simple fact is that our brains are what they are. They make judgements and arrive at conclusions. Despite the best advice of Sherlock Holmes, “It is a capital mistake to theorize before one has data," Sir Arthur Conan Doyle (1859-1930), we all do it.

The "Tiffany Problem" is a great illustration of our minds at work. When we hear that name, we each have a touchstone. Upworthy notes that any of us might hear this and think of:
"the famous jewelry store, the teen singer from the 80s or the much-less-in-the-spotlight daughter of President Trump." 
Our inclination is to our familiar.

We are unlikely to think instead of the Middle Ages when we hear this "more modern name." And yet, Tiffany was a Middle Ages name. Thus, we perceive a character named Tiffany in a Middle Ages historical piece as a mistake or a problem.

We do not consciously conclude that there has been a mistake; we experience it as a reaction. It is "an instinct," and it is instilled in us because such names were not as prevalent in the reading we have done from that period. It is outside our experience and so antithetical to our personal experience.

The proponent of this "Tiffany Problem" predisposition says that people simply "know it's wrong and you can't tell them that what they know is wrong." Tiffany is an example, but there are various other words that we presume are modern and so rebel against when they are used in a historical manner.

This is entertaining, perhaps. There is a touch of novelty, some irony, and some self-discovery. The proponent of the theory has even prepared some media that is referenced in the Upworthy article. But the real point is that we are each a product of both nature and nurture. What we know is our own personal amalgamation of what we have been exposed to.

The point is that our intellect should be engaged. When something "feels off," that may be a valid conclusion worthy of our adherence. Or it may be simply a signal to us that intellectual engagement and some research is worthwhile.

As a side note, in a world where prediction models and AI large language models increasingly hold sway, we must remember they are suggesting based on what they have "seen." Their output and interpretation is subject to their algorithm, their data set, and their programmer's preferences. To some extent, they are likely governed by their own decisions, choices, and habits, just as we are.

The choice of intellectual engagement and curiosity is equally imperative, whether it is our bias or the computer's. Either way, our intellect is critical as the human in the loop in the path to gathering facts and foundations before we reach conclusions, per Mr. Holmes. 



Unseen Influence (July 2025)
"Welcome (back) to the Real World"(August 2025)
Halfway (August 2025)
Bias is Pernicious (August 2025)
Cats and Dogs (August 2025)
Gonna be alright (August 2025)
Perspectives on Virtuality (September 2025)
A hero? (January 2026)
Dunning Kruger (January 2026)
Yes, but How? (February 2026)
Relatively Speaking (March 2026)
Drive Carefully (May 2026)
The Johari Window and Negotiation (May 2026)
The Easy Lanes (June 2026)
Tipping in Negotiation? (June 2026)



Tuesday, October 27, 2026

The OJCC Academy 2026

The fourth OJCC Academy was presented on October 23, 2026, in Orlando. The first was presented on May 19, 2023. That one drew such interest that we could not accommodate all the potential attendees. The steering committee elected to produce a command performance in October 2023, in Tampa. 

The timing of that encore was more conducive. The Academy programs since have all been in the fall, in Orlando. In all, more than 150 young(er) lawyers, recently joining the workers' compensation practice, have attended and benefited from this program. The list of paralegals who have benefited is similarly growing.

The 2026 outing was another rousing success. That is due to the investment of the speakers and our volunteer steering committee:

  1. Hon. Natalie Cavallaro*
  2. S. Rachel Givens
  3. Hon. Thomas Hedler
  4. Hon. Margret Kerr*
  5. Lindsay Koppelman*
  6. Javier Melendez*
  7. Hon. John Moneyham
  8. Hon. Neal Pitts*
  9. Lisa Ann Thomas
  10. Elizabeth Yohe
Special recognition to those who have been a part of this now for all five iterations, denoted with an asterisk. Throughout, we have added new talent and been blessed by enthusiasm and steadfast support. Among our Steering Committee emeritus are Ana Gonzalez-Fajardo and Tara Pachter. It is anticipated that more will rotate to the Emeritus status, and new members will join the committee for 2027! Email me (david.langham@doah.state.fl.us) if you are interested in participating in the committee or attending the program in 2027.

The list of speakers is more challenging. I have combed through many documents and tried to distill an accurate list. Unfortunately, life happens, and there may be a last-minute substitution or two. 

Several Steering Committee members have spoken at all events, but there has been a conscious effort to rotate others and afford opportunities to as many as practical (I spoke at only one). Therefore, the following list is likely incomplete. I encourage you to correct me if I have overlooked someone. 
  1. Neil Ambekar (2023, 2024, 2025, 2026)*
  2. Catharine Frances Agacinski (2023)
  3. Holley Akers (2023)
  4. Eduardo Almeyda (2023)
  5. Hon. Wilbur Anderson (2023, 2024, 2025)
  6. Amanda Annunciata (2026)
  7. Hon. Brian Anthony (2023, 2024, 2025)
  8. Hon. Robert Arthur (2023, 2024, 2025)
  9. Courtney Collins Bahe (2023)
  10. Caitlin Beyl (2023)
  11. John Paul Brooks (2023)
  12. Jessica Carrier (2023)
  13. Andrew Bucher (2026)
  14. Hon. Barbara Case (2023, 2024, 2025)
  15. Natalie Cavallaro (2023, 2024)
  16. Eric Christianson (2025)
  17. Aime DeGuzman (2023, 2025)
  18. Ken Erhlich (2024, 2025, 2026)
  19. Linda Farrell (2023, 2024, 2025)
  20. Angela Flynn (2026)
  21. Iliana Forte (2025)
  22. Lizzette Francisco (2025)
  23. Amy Gartland (2025)
  24. Karen Gilmartin (2023)
  25. Rachel Givens (2024, 2025, 2026)
  26. Ana Gonzalez-Fajardo (2023, 2024)
  27. Kristen Gottfried (2023)
  28. Bryan R. Greenberg (2024)
  29. Hon. Erik Grindal (2026)
  30. Heather Hatch (2026)
  31. Hon. Thomas Hedler (2025)
  32. Kenneth Hesser (2025, 2026)
  33. Hon. Kimberly Hill (2024, 2026)
  34. Eric Hires (2025)
  35. Silvia Maria Hoeg (2023, 2024)
  36. Hon. Ralph Humphries (2024)
  37. Gina Jacobs (2024, 2025)
  38. Jill Jacobs (2023, 2024, 2026)
  39. Daniel Todd Jaffe (2023)
  40. Hon. Gregory Johnsen (2026)
  41. Margret Kerr (2024, 2025)
  42. Lindsey Koppelman (2023, 2024, 2025, 2026)
  43. David Langham (2023)
  44. Stacy Laskin (2025)
  45. Hon. Daniel Lewis (2025)
  46. Paolo Longo (2024)
  47. John Lusko (2023, 2024, 2025)
  48. Olga Martin (2024)
  49. Ryan Michael Knight (2023)
  50. Hon. Sylvia Medina Shore (2023, 2025, 2026)
  51. Javier Melendez (2023, 2024, 2025, 2026)
  52. Celia Mendez (2026)
  53. Gary Alan Miller (2023)
  54. Hon. John Moneyham (2023, 2024, 2025, 2026)
  55. Ivan P Morales (2023)
  56. Hon. Jacquelyn Newman (2024, 2025, 2026)
  57. Yosue Ochoa (2025)
  58. Tara Pachter (2023)
  59. Hon. James Peterson (2023)
  60. Hon. Neal Pitts (2023, 2024, 2025, 2026)
  61. Randall T. Porcher (2023)
  62. Barbara Richard (2023)
  63. Robert M. Rivera (2024)
  64. Jesse Rowe (2026)
  65. Grethel San Miguel-Callejas (2023, 2024)
  66. Hon. Lourdes Sancerni (2023, 2024, 2025, 2026)
  67. Howard Scheiner (2025)
  68. Kelley Shoemaker (2024)
  69. Hon. Megan Silver (2023)
  70. Brandon Silver (2024)
  71. Carolyn Slowikowski (2023)
  72. Hon. Timothy Stanton (2023)
  73. Lisa Thomas (2024, 2025, 2026)
  74. Erin Thorne (2024)
  75. Dawn Traverso (2023)
  76. Hon. Jonathan Walker (2026)
  77. Nisha Waranch (2024)
  78. Billy Weiland (2025)
  79. Hon. Jack Weiss (2026)
  80. Timothy Wilson (2026)
  81. Elizabeth Yohe (2025, 2026)
  82. Hon. Rita Young (2023, 2024)
It is also worthy to note that the Academy is responsible for the Hon. Robert J. Dietz Emerging Professional Award. Judge Dietz was the consummate mentor. He maintained a drive for and pursuit of professionalism through years of litigation, mediation, education, and adjudication experience. It is a point of pride that we have awarded the following young(er) attorneys with this recognition based upon judicial observation and nomination:
  1. Meredith McAvoy (2023)
  2. Bryan Greenberg (2024)
  3. Natalie Cavallaro (2025)
  4. Javier Melendez (2026)
In 2025, the Steering Committee concluded that there was a parallel need for paralegal training and education. The OJCC Masterclass made its debut that year. This program has featured the following speakers:
  1. Neal Ambekar (2025)
  2. Hon. Barbara Case (2025)
  3. Susan Berman (2026)
  4. Natalie Cavallaro (2026)
  5. Aime DeGuzman (2025)
  6. Rachel Givens (2026)
  7. Kristin Gottfried (2026)
  8. Peonca Grier (2025)
  9. Hon. Thomas Hedler (2025, 2026)
  10. Julie Hunsaker (2025, 2026)
  11. Hon. Margret Kerr (2025)
  12. Javier Melendez (2026)
  13. Hon. John Moneyham (2025, 2026)
  14. Hon. Neal Pitts (2025)
  15. Ursula Remy (2026)
  16. Jesse Rowe (2026)
  17. Hon. Lourdes Sancerni (2026)
  18. Lisa Thomas (2026)
  19. Tammy White (2025)
In all, I am grateful. First, to the Steering Committee for hours of hard work, seemingly endless planning meetings, promotion, publication, preparation, and so much more. Second, to the lawyers and paralegals who come to the program seeking development and growth. There is great value in lifelong education, and we appreciate you taking advantage of the opportunity. 

Finally, to the firms that allowed their attorneys and paralegals this opportunity. That demonstrates an interest in that growth and education. Bravo.


* corrected 10.31.26, thanks Mr. Ambekar. 

Sunday, October 25, 2026

Dealing with Praise

How often do you reflect? Ferris Beuller (Paramount 1986) noted aptly, "Life moves pretty fast. If you don't stop and look around once in a while, you could miss it." The older I get, the more that resonates. At the WCI in August, I was actually flattered a few times. I don't flatter easily.

One might think that the parade of compliments is endearing and fruitful. Know this, I take public statements with a grain of salt. We all should. I do not fault people for their stated sentiments, but we all must remain aware of motivation and appearances. 

Judge Lazzara used to quote an Arabid proverb: "When the judge’s mule dies, everybody goes to the funeral; when the judge himself dies, nobody goes.” See, once the judge is dead, they are irrelevant, and can lend relevance neither to themselves nor their Equidae. 

Judge Robert Deitz used to say in a similar vein, "my jokes became 63.2% funnier the day I became a judge." See Humor and Failure (August 2022). Speaking of humor, it is a difficult tool. See Night Court (May 2025). I got some laughs from the "newer" lawyers at the OJCC Academy last week. But I am not sure I was funny. 

I often think of Judges Dietz and Lazzara when there are expressions of praise. I am usually grateful that the speaker is not chiding or criticizing; those are uncomfortable. Nonetheless, it is easier to trust in the sincerity of criticism. I deeply value the critics and the cynics. Honest critics are worth their weight in gold. 

The praise is harder.

But around the 2026 WCI, I was blessed with three interactions that I value. They occurred in private, which enhances credibility. They were delivered by those who gain no benefit from favor, nor could ever hope to from me, as their stature and prestige are far beyond anything to which I could ever aspire. 

One was complimentary of a collaboration of which I am quite proud. Over a period of years, I have been privileged to be associated with a group of dedicated, brilliant, and critical people. I have striven unsuccessfully to match their pace and mirror their dedication. I have undoubtedly failed. Nonetheless, one of them acknowledged my efforts in trying. 

Another was of the efficacy and efficiency of the Florida OJCC. This was praise of the highest and broadest degree. The speaker has the credibility that comes from national experience and exposure. They assured that Florida's adjudication system is widely and openly recognized in various conversations and distant reform exhortations. The conclusion there was that Florida is "the best." That is humbling.

To be fair, any praise for the Florida OJCC belongs to a variety of souls in this extremely small agency. The judges, mediators, clerks, and staff are the strength and the spirit. I am merely privileged to sit at the head of the table and enjoy their successes. Sure, they make errors and mistakes at times. Don't we all? But most days in most ways they are exemplary and make me look good. 

Finally, the most important of the three was by far the simplest. Delivered in the most casual of observations and carrying an unintended sense of some impending doom. This speaker simply and succinctly said, "Thank you for years of friendship. I am grateful for so many conversations." 

That one has resonated repeatedly since. It reminds me of Bob Hope (Thanks for the Memories, The Big Broadcast, 1938) or Carol Burnett (I'm so Glad we had this Time Together, The Carol Burnett Show, 1967). Yes, I am glad, and thanks. 

The fact is, "Life (does) move pretty fast." Imagine that you are being effective in sharing your gratitude with those who make your journey better. Imagine that you are not, and that you could be more succinct, straightforward, and effective. 

Pick up the phone. Call someone whom you appreciate. Let them know in a sentence or two that they are valued in your world, perspective, and belief. Believe me or don't, your days are numbered. Tell someone they matter before your chance has passed. Do it in private, be direct, and be quick. The clock is ticking whether you think so or not. 


Thursday, October 22, 2026

Nurses Prescribing Opioids

I have written extensively about opioids and their impact on our society. There is a list of those posts in Could it Get Worse (June 2026). I count at least 50 posts on overdose and opioid abuse. It is not a new problem, nor even news anymore. And certainly, attention has brought progress.

In 2025, according to the CDC, there were only 69,973 overdose deaths in America. Only. That is a 14% decrease "from the 81,313 deaths estimated in 2024." Sure, progress is positive. But 69,973 is still more each year than the aggregate deaths in the decades of the Vietnam "police action." And we are well over 1 million overdose deaths in the 21st century, according to the State Health Access Data Center.

Imagine the impact. On people, families, and communities. It is as outrageous as it is tragic. And it is ongoing across the country every day.

The thoughts came again when Joan Rubinger was in the news in 2026. She is an athlete who suffered a debilitating injury and rebuilt her life as "an influential pain-relief specialist." She focused on "top-tier athletes" and their "acute and chronic injuries."

In August 2026, according to the Associated Press, the Drug Enforcement Agency alleged that Ms. Rubinger "doled out thousands of illegal prescriptions for highly addictive painkillers." They estimate that over four years, this totalled about 260,000 pills distributed "in more than 20 states."

She agreed to pay a civil settlement of $1.4 million for allegations surrounding her dispensing of "oxycodone, Percocet, and Xanax on hundreds of occasions without any legitimate medical purpose." Despite allegations that she "violat(ed) federal drug statutes and regulations 900 times," there were no criminal charges filed.

The U.S. News reported that federal prosecutors have declined to explain why no criminal charges have been filed. The allegations of her behavior, her "rules," and the specifics of avoiding detection are also detailed in that reporting. 

In the end, the DEA pursuit likely comes down to the "tip" from a pro football player's wife. The AP says that Carolina Panthers linebacker Thomas Davis' wife "alerted the agency to the nurse practitioner's activities."

The Justice Department described Ms. Rubinger's practice as "unorthodox." She allegedly "operated out of hotel rooms," kept few, if any, medical records, and worked without physician supervision. Nonetheless, the DEA says she "registered her practice" in a California orthopedic surgeon's office.

That doctor claims to have had no role in the prescriptions or in supervising the nurse. And it appears that "many states ... require nurse practitioners in most circumstances to work under a physician’s supervision when prescribing opioids." Nonetheless, nurses in many states operate without any "legally mandated physician supervision and collaboration requirements."

With a California practice, the AP story is silent on how she managed to prescribe 260,000 pills over a period of years without someone noticing that incongruity. It is unclear whether she is licensed in one of the many states that grant full prescription autonomy to nurses.

In all, it is a cautionary tale. Certainly, we are desperately short of physicians. Physician Shortage (July 2025). They are extending care in many settings. Emergency, Acute, Urgent, and Routine (March 2026). But is there sufficient basis for allowing nurses unsupervised access to prescription pads that pass dangerous substances into the hands of patients and even "street gangs?"

Meanwhile, some will wonder how many pills one would have to prescribe in order to attract the attention of criminal prosecutors.

Tuesday, October 20, 2026

The aging workforce

Aging is a chore. See Is It Just Age (September 2026); Ever Get Old (January 2025). And beyond the discrete challenges, there is an absence of generational empathy. See Why have we never heard of this? (February 2024); Generational Woes (October 2024); The Time is Now (April 2022).

Succinctly, we seasoned citizens have largely been there, done that, and yet the "next" generations today are no more willing to believe us than we were to believe our own elders. Age and experience do not appear, persuade, or pervade as they might.

Bezinga recently reported that "younger workers are baffled by older coworkers." That generality is likely not a surprise. I have gotten used to the odd looks and skepticism of those who do not share my chronological challenges, 1980s music, and old-age wardrobe. 

But this article is about retirement. The "younger workers" are focused on the "finish line" that is retirement. They are dreaming of their chance to kick back and forever escape "alarms, meetings, and managers." They yearn for retirement and cannot conceive anyone avoiding it. 

Other posts over the years have noted that the American workforce is seemingly working longer. See What about Tomorrow? (November 2022); Mississippi and Significant Issues in Work Comp (April 2018); Boston Prediction Panel 2018ston Prediction Panel 2018 (March 2018).

But the Bezinga point is not that the workforce is aging, but why. It notes that coworkers are encountering "financially stable" sexagenarians who are not drawn to the retiree role. The conclusion is that work is much more enjoyable once you reach a point that "You have the choice to just leave whenever you want."

One cited explanation of remaining was simply that there is a
"HUGE difference between needing to work to be able to survive and wanting to work in order to give your life structure and purpose,"
And that may be the critical point of working. Perhaps the stress and challenge is not really in the work itself but in the economic reality that this work, now, is an imperative. As I reflect on that, I am reasonably confident that the jobs I disliked the most were those I had during difficult economic times in which mobility was constrained and my options were limited.

I have had some tough jobs (somewhere north of 25 of them) and have both loved and hated various roles. 

Broadly, there seems to be a consensus in this article that there is value in work itself. It provides structure, routine, objectives, and goals. It provides purpose, engagement, and challenges. These are values that are way beyond the day-to-day of simply needing a paycheck. They are goals of self-fulfillment and purpose. 

That would be my best advice for the younger generations. Do not spend decades in roles that do not stimulate and reward. Not financially rewarding, but holistically. Find roles that are intrinsically rewarding, fulfilling, and motivating for you personally. Don't settle for the paycheck. Don't worship the income.

Find what is rewarding and find a way to make that your path. This may involve economic diminishment; you may not make the same money being happy as you could make in misery. Nonetheless, misery, much like New York, is a terrible place to live.

Get out while you can. If you must, "close the shop, sell the house, and get a ticket for the West Coast." You can always "give them a standup routine in LA." My Life, (Billy Joel, 52nd Street, Columbia, 1978). 

Think about it. Happy beats miserable every time.