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Thursday, June 15, 2023

Do you Care about Reputation?

I dealt with reputation in 2015 in How will you be Known. That is a broad discussion. There are those who live for specific motivations. Among those is fame. Fame is a double-edged sword. I wonder how many of the appellants in Florida's seminal cases knew their names would become synonymous with deep thoughts or principles. Did Victor Wine or Beasley? Did Vigliotti or KMart? Did Pearson or Paradise Ford? A lawyer suggested to me that this is even more troubling if the lawyer's name is in the style of the case. I can see that perspective and the potential for various fears or anxieties. 

That makes me think of Hon. John Paul Jones, Hon. David Trask, and some others. I recently ran across a couple of cases in which a lawyer was sued after successfully seeking a contempt order against the person that hired him. That was intriguing because it literally became a federal case. It did not work out well for the lawyer, and yes his name was in the published opinion. Gay v. McCaughan, 272 F.2d 160 (5th Cir. 1959). That is a challenging posture. The opposite could be true. The lawyer in such a posture might establish some admirable or important legal principle and be elevated or celebrated for that effort. The sword has two sides.  

Will anyone remember you in 100 years? As we fade and slow, we will each leave our business and this community. This is the same for adjusters, attorneys, doctors, therapists, nurse case managers, and all. There may be a watch, a plaque, and a cake. But, we will each fade and hopefully be replaced. I fervently hope that there is a generation coming to step to the fore and lead this workers' compensation community. I have met some younger folks that are capable of leading. I am very impressed with a few. The potential is there, but we must mentor, encourage, and recruit. 

Let's face it, someone will ascend, illuminate, and similarly fade as their time similarly comes and passes.

How will they be known? How will you be known?

I have thought of that in recent months. Too many of my generation and our mentors are passing. This was my sentiment in Legend Jack Langdon Passes (June 2019), Jon Wheeler (May 2023), and in Judge Robert Dietz (January 2022). I have good memories of these and others. They made me laugh, frustrated me, and at times confounded me. They were imperfect and flawed, and I miss them. But, I remember them. That we remember is important, as is why.

I have been frustrated at times when organizations present awards or recognitions because there is an announcement, but there is rarely detail. If you give out the Frierson/Colling Award, I would appreciate that someone that actually knew those two takes a few minutes and tells us why they were memorialized. Not blase generalities, "he was a good lawyer," but a good anecdote or two. Tell us who they were. Remind us. That, from my perspective, is where the value lies.

Who was Harry Lee Anstead? He served on the Florida Supreme Court. He concurred in the majority in Aguilera v. Inservices, Inc., 905 So. 2d 84, 98 (Fla. 2005) and in Jones v. Martin Elecs., Inc., 932 So. 2d 1100, 1109 (Fla. 2006). There were workers' compensation cases in which he filed opinions. But, in the grand scheme of workers' compensation, he was not perhaps overtly noticed.

He was born in Jacksonville. He was appointed to the Court by Lawton Chiles to replace Rosemary Barkett. He graduated from the University of Florida College of Law. His ascending to the Court is notable, his service there notable, but I would love to hear more about who he is, and how his professionalism was noticed and valued. Because, each year, The Florida Bar recognizes a Board Certified lawyer for
  • "exemplary professionalism." 
  • "Substantial and positive influence on professionalism locally, statewide or nationally." 
  • "Positive influence on or advancement of Florida Bar board certification through mentoring." 
  • "Solid reputation for professionalism and character." 
  • "A history of teaching, mentoring, or providing an outstanding example for younger lawyers." 
And, it is named "The Justice Harry Lee Anstead Award." That this award is so named make me want to hear more of Justice Anstead. Why is this award named for him? I have no doubt it is justified, but when someone googles this (I have), that explanation should be patent. When the award is presented, it should be described.

Of particular note, "The Harry Lee Anstead award may be given posthumously." More on that in a moment, but the point is we can remember those who have passed. We can honor those who have passed. I was proud in May to see the first Robert Dietz Young Professionalism Award bestowed on Meredith McAvoy at the OJCC Academy in Orlando. That was a fitting tribute to Ms. McAvoy, and to a great community mentor who has passed, Judge Dietz. It is heartening that we had so many nominations of young lawyers for this recognition. Tomorrow, my friends may be brighter than you think.

Next week, at The Florida Bar Annual Convention in Boca Raton, The Justice Harry Lee Anstead Award will be presented posthumously to Hon. Robert Dietz. His focus on the next generation, mentoring, and professionalism will be recognized on a large stage. I am proud that his effort is recognized. We (this community of workers' compensation) are better for his presence, grateful for his service, and still, today burdened by his loss. It is fitting in the spirit of the criteria set out above that Hon. Robert Dietz is thus recognized. 

We could tell hundreds of anecdotes about Robert. Each would be fitting when presenting the award named in his honor. He is remembered. 

How will you be remembered? Do you care?