Save the Date for Havana Nights Nostalgia

Can We Chat?

Written by Judge Spencer Multack - Circuit Court Judge Family Division

Since the pandemic, one thing has become clear- we’ve gotten a little too comfortable with the idea that everything can be handled over email and Zoom. Remote appearances have their place, no one’s arguing that, but they’ve also made it far too easy for lawyers to avoid something basic and essential: talking to each other before filing motions.

Before COVID, when hearings were in person, lawyers actually had to see each other. People would meet face to face at motion calendar, in court hallways, or at the local coffee shop (we miss Diana’s). A lot got resolved right then and there. People had to talk. Now, I get a motion filed on something that could’ve been solved in five minutes over the phone, followed by a 30-minute hearing that didn't need to happen. And I know this because often, as people are waiting in a Zoom room together, they figure their issue out. The lawyers spoke to each other!

Court isn’t and shouldn’t be your first stop. If you haven't reached out to opposing counsel and at least tried to resolve the issue, you're doing it wrong. The Florida Bar’s Oath of Admission is not just ceremonial fluff. You swore—“To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.” That means responding to emails too. That means returning phone calls. That means not filing something just because you’re annoyed and want the judge to jump in.

Which brings me to another growing trend: lawyers sending me printouts of their email exchanges to show me how disrespectful the other side was. I’ll be blunt—judges are not your parents. I’m not here to put anyone in time-out. But if you back me into that corner, I will. And trust me, no one looks good when that has to be done. We understand that family litigation can become personal and emotional. But, clients’ emotions should not pierce your ability to practice law like a professional. (Calling opposing counsel a “liar” in front of the court is not professional, fyi.)

Professional communication should be just that—professional. You can advocate for your client without being snide, without escalating every disagreement into a war, and without making the judge the only adult in the room. Keep your tone clear, direct, and respectful. And if you're writing an email that feels a little too satisfying to send, maybe don’t.

Most of the motion practice I see could be avoided with a simple call. Not everything needs a notice of hearing. Rule 2.545 of the Florida Rules of Judicial Administration tells us that Judges and lawyers have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so. That includes doing your job outside the courtroom also.

The added benefit of communicating is building relationships. When I hear attorneys tell me that “we work well together,” my heart melts. This tells me that I can rely on these two attorneys to make their best efforts to resolve matters out of court. It tells me that at some point in the past these two attorneys built a relationship on trust and honesty in their communication. And it tells me that if they have set a hearing, it is their last resort.

Lawyers must communicate before filing. Judges should ask whether they did. And the profession as a whole needs to remember that civility and consultation aren’t just nice ideas. They’re part of the job.

KidSide Partner Spotlight

How Soberlink and KidSide Put Children First in Family Law

When families face custody disputes, especially those involving alcohol, it can feel like the whole world has turned upside down. Parents are navigating legal challenges, emotions run high, and at the center of it all are the children, often caught in the middle.

That’s exactly why organizations like KidSide exist, and why Soberlink is proud to stand alongside them. Together, we share one mission: protecting children and giving families the support they need during some of life’s most difficult moments.

Why Soberlink Partnered with KidSide

At Soberlink, we believe that keeping children safe starts with giving parents and the courts reliable tools to help make decisions that are truly in the child’s best interest. That belief is what led us to partner with KidSide.

KidSide has built an incredible network of partners, volunteers, legal professionals, and organizations, all working toward the same goal: doing what’s best for children and families. When families are dealing with the emotional, financial, and legal challenges of divorce or custody disputes, that kind of support can make all the difference.

We’ve seen firsthand how complicated things become when alcohol is part of the custody conversation. The uncertainty, the stress, the constant questions, it’s hard on everyone, especially the kids. Our goal is to bring clarity, peace of mind, and accountability to those situations.

How Soberlink Supports Families

Soberlink provides the leading alcohol monitoring system used in family law cases. But more than that, we provide peace of mind. Our system helps remove the guesswork and gives parents, courts, and professionals reliable, real-time information when alcohol is a concern.

Here’s how it works:

Facial Recognition: Every test confirms identity, so there’s no question about which parent is testing.
Tamper Detection: Advanced sensors ensure real human breath is being used, preventing manipulation or misuse.
Instant Results: Test results are sent instantly and are court-admissible in all 50 states.
Trusted by Courts: Our system is built specifically for family law, and has been trusted by attorneys, judges, and families across the country and internationally.

For parents, Soberlink offers a clear way to prove sobriety, rebuild trust, and stay connected to their children when it’s safe to do so. For courts and professionals, it provides reliable, objective data to help guide decisions. Most importantly, for kids, it takes them out of the middle. They’re not left wondering or having to answer difficult questions about a parent’s drinking.

The Power of Community Through KidSide
What makes KidSide so valuable is that they bring together everyone working to support families, from organizations like Soberlink to mental health professionals, family law attorneys, judges, and mediators. That kind of collaboration creates real change for families in the community.

If you’re considering becoming a partner with KidSide, we would absolutely encourage it. You’ll meet dedicated people and organizations who care deeply about protecting children, and you’ll be part of work that truly makes a difference.

Learn More
If you or someone you know is navigating a custody situation involving alcohol, we invite you to learn more about how Soberlink can help.

Visit https://www.soberlink.com/lunch-and-learn or contact familylaw@soberlink.com to schedule a Lunch & Learn for your firm or organization.

We’re proud to partner with KidSide and proud to support the work they’re doing to protect children and strengthen families.

Services Funded So Far in 2025

Save the Date: KidSide Masquerade Gala!

Get ready for an unforgettable evening of elegance, mystery, and impact at the KidSide Masquerade Gala!

Friday, October 17, 2025

6:30 PM – 11:30 PM

Rusty Pelican Miami

3201 Rickenbacker Causeway, Key Biscayne, FL 33149

Join us for a night filled with purpose as we raise crucial funds to support children and families navigating the challenges of family court. Together, we can make a difference, one mask at a time.

Ticket information coming soon!

Mark your calendars and get ready to dress to impress for a cause that truly matters.

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