and had two daughters, one of whom had already matured. Not everything ran smoothly and they finally reached the point of discontent. In 2001, a family court judgment gave custody of the two girls to RT and awarded her child support based on the Florida guidelines. A disparity in their respective incomes was clearly evident. As a police officer, EW (Dad) was earning about $90,000.00 plus a year, gross, while RT’s (Mom) annual income was about $15-16,000.00, derived from teaching or part time consulting. The court judgment also allowed RT to relocate with her two girls to another state. The parenting plan made adequate provisions for time sharing and visitation with both parties sharing the traveling expenses. As it turned out, RT could not find a job in another state and did not relocate soon enough after the court judgment in June of 2011. Regrettably, there was a history of discord, disagreements, and poor communications between the parties in the ensuing period. Dade Legal Aid refers hundreds of pro bono cases to attorneys each month and often receives letters of thanks from clients who were beyond thrilled with their attorneys. In the area of family law, it is often difficult and challenging to locate an attorney to agree to accept a case, especially one on which other lawyers have already worked but did not complete once the client’s funds ran out. In the case related below, the client was elated with her pro bono attorney, so we wanted to share both the client and attorneys’ perspectives with you.
In March of 2013, Dad filed a petition for modification of the parental plan/ time sharing and child support. Dad also asked the court to disallow RT to relocate to another state. At that time the older daughter had matured and was living with Dad. Analysis of the petition for modification showed that Dad was requesting an excessive amount of time for time sharing and holidays in order to reduce his child support obligations to the younger child. Dad also moved to vacate the final judgment.
Dade Legal Aid received the following thank you note from a very grateful client a few weeks ago:
Dad had a private attorney and RT was also represented by private counsel at first. There were hearings before the General Magistrate, reports and objections filed, however, apart from referral to the Family Court Services, there was no final resolution of the issues. Because of these proceedings, RT was unfortunately barred from moving out of the state of Florida. RT also found herself in a situation where she could no longer continue to pay her private attorney. She called Legal Aid for help.
I wanted to take a few minutes and express my deep gratitude for the assistance of Legal Aid and the Put Something Back Program. My family case has been an ugly, never ending nightmare where I routinely felt victimized. Your service and referral of Mr. William Pavlov, an outstanding pro bono attorney and exemplary human being, ended that victimization. Mr. Pavlov successfully closed out the matter of relocation for my case, an issue multiple attorneys said could not be done. Additionally, he met with me multiple times and listened intently, to every word I said. He also clearly read the case file to be informed. He was responsive, professional, and had exceptional follow-through. Mr. Pavlov is the standard of what the profession should be. Our lives are dramatically impacted because of your service. May God bless you and your work. Eternally grateful, RT When we forwarded her letter to Mr. Pavlov to let him know just how much she appreciated his efforts, he followed up with this response: When I first met with RT in my office, the first thing I noticed about her was her deep brown, alert eyes, intelligent face, and an aura of sadness. I invited her to tell me about her case, in her own words, as objectively as she could. For the next 45 minutes, I listened to her story, taking notes, and hardly interrupting her, with a question here and there. It soon became clear to me that RT was a highly intelligent lady, who related the facts of her case with clarity and exactitude. I did not know how she got here or at what point in her life things became so bleek, but I was determined to help this mother in need. The case involved my client, RT, and her former partner EW. Though never married, they had been living together as a family unit for a number of years
The Constitutional Corner BY HONORABLE MILTON HIRSCH
On Dec. 17, 1862, General U.S. Grant entered General Order 11, as follows: “Jews as a class violating every regulation of trade established by the Treasury Department and also department orders, are hereby expelled from the department [of Tennessee] within 24 hours from the receipt of this order.” General William Sherman had earlier complained of “swarms of 6
Jews and speculators” flocking into Memphis and had falsely accused the Jews of buying up or stealing thousands of bales of cotton with the intention of selling them for huge profits in the North to the reopening textile mills. Confederate spies had conclusive proof that the army itself was involved in speculating in cotton; nonetheless, Grant issued his order. Jews in the North organized themselves to petition President Lincoln in support of their Southern brethren. A delegation of Jews led by Rabbi Wise and Caesar Kaskel visited Lincoln with affidavits from leading Republican and military authorities. The following
DCBA BULLETIN | DECEMBER 2014
After reviewing the entire record and conferring several times with RT, I narrowed the issues down to dismissing Dad’s petition for modification and the affirmation/reinstatement of the June 2011 court judgment. Naturally, we had to wait for a court date, but it was worth it because at the conclusion of the hearing, the court let the former judgment stand and granted RT the relief for which we asked and the permission to travel to another state and get a fresh start. A final order was entered in her favor. Needless to say, she was elated and I was very happy to have helped her on a pro bono basis. There was no celebration and none was expected, however, I got a genuine hug and a heartfelt “Thank you Mr. Pavlov” from my client outside the court room. I said to her “You see RT, your being happy and able to get on with your life is worth more to me than any legal fees, for money cannot not buy health or happiness.” That really made my day. I went back to my office flying. I was very, very happy to have helped a good, well-educated and intelligent Mom, who was down on her luck, to chin up and get on with her life. I went to law school because I enjoyed intellectual challenge and wanted to serve. As a law student, I thought, perhaps quixotically, that someday I might contribute to make a difference and help people with their problems. As a lawyer, I still firmly believe in fairness and justice. Thank you for your interest in RT’s case. It is attorneys like Mr. William M. Pavlov who go that extra mile, especially for their pro bono cases, that make us proud to call ourselves lawyers.
conversation took place in the White House: Lincoln: And so the Children of Israel were driven from the happy land of Canaan. Kaskel: Yes, and that is why we have come unto Father Abraham’s bosom to ask for protection. Lincoln: And this protection they shall have at once. President Lincoln rescinded an order of his most popular general in the middle of the war. General Halleck interpreted Lincoln’s intent in a letter to Grant: “The President has no objection to your expelling traitors and Jew peddlers, which I suppose was the object of your order;
but as it in terms proscribed an entire religious class, some of whom are fighting in our ranks, the President deemed it necessary to revoke it.” The Honorable Milton Hirsch has been a judge of the 11th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law and at St. Thomas Law School. In 2013, he was the recipient of the “Gerald Kogan Judicial Distinction Award,” the highest award given to a member of the judiciary by the Miami Chapter of the Florida Association of Criminal Defense Lawyers. The above passage is an excerpt from Judge Hirsch’s Constitutional Calendar. If you would like to be added to the Calendar’s distribution list, please contact Judge Hirsch at milton.hirsch@gmail.com with your name and e-mail address.