BUSINESS LAW 101 / In Remembrance

By Albert L. Kelley, Esq.

Regular readers of this column know that for the last five weeks I have been talking about the professionalism of lawyers and judges. Today I want to talk about a personal side of lawyers. This year, Key West lost three very good lawyers. Last week we learned of the passing of Manny Madruga. Manny moved here a year after I did and for the last 26 years held only one job; but it was a job he did extremely well. His discipline and integrity always impressed me. Although I never went up against him, we discussed the law often. One would be hard pressed to find a more dedicated public servant. Two months ago, Merrell Sands died in a tragic scooter accident. Merrell was the first lawyer I observed practicing in a Key West Courtroom and that impression led me to realize that I belonged in Key West. Merrell was a good friend and his eternal positive outlook was infectious. A month earlier, Margaret “Maggie” Guttierrez died in a freak accident while on vacation. I had never worked with Maggie in Court, but knew her from her work with the Monroe County Bar Association. All three were not only great lawyers, but great champions of Key West. They were all proud of this island and did their best to leave it a better place.

It is always difficult to lose a friend. Unfortunately, this is an experience that lawyers in Key West know all too well. Since 1990, at least 20 Key West lawyers have passed away, many of whom were only in their 40’s or 50’s. In nearly every case, these were people I knew personally and in most cases they were friends as well as colleagues. Maria Betancourt, Fred Butner, John Collins, Tom Didato, Ted Ernst, Jr., Paul Esquinaldo, Steve Esquinaldo, Bill Friedlander, Joe Kelinson, Ignatius Lester, Hugh Papy, Nelson Read, Nancy Rossell, Bob Sauer, Mark Simms, Tegan Slaton, and Mark Willis (I apologize if I missed anyone).

The public sometimes forget that lawyers are people. Our job is to take on our client’s problems. While we are supposed to remain objective, that is not always possible. Our clients often become friends and their issues become our issues. There are sleepless nights (Steve Esquinaldo would routinely email me legal cases at 1:00 or 2:00 in the morning). The stress can take its toll on body, mind and soul. For some, the stress can become too much mentally; five of those who passed were suicides. For others, the stress can become too much physically; several passed from physical maladies such as heart attacks, stroke and cancer well before their time.

This is not to say that the job is not redeeming. We take pride in the fact that we have the opportunity to do good work and help our clients. We develop friendships with people we otherwise would probably have never met. The public often think that lawyers hate each other and while it may appear that way in court, because it is our duty and obligation to fight diligently for our clients, what the clients do not see is that after arguing against each other in court, we remain friends. At least in Key West, we try to live by the phrase, “Disagree but don’t be disagreeable.” Even when a case gets personal, we can move beyond it. Some of my best lawyer friends started as my strongest adversaries. On this island chain known as the Florida Keys where we have chosen to work, shop, play and live our lives day to day, we, the legal community, like many other brotherhoods such as firefighters, police, etc. remain a tight knit group. This is what makes it is so difficult when another lawyer passes away.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord-Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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