< PreviousAALM: When did you first know you wanted to become an attorney? What drew you to this career? BRR: When I was in high school, I worked in the afternoons and sum- mers at my father’s law firm as a run- ner, helping with copying and filing updates to publications in the library. I enjoyed writing and majored in English in college and law seemed a natural fit for my interests in writing. AALM: Who is your current men- tor? What is the best lesson they’ve taught you so far? BRR: My father is my mentor. I have had the pleasure of practicing law with him for the past 15 years and we have never disagreed over work. He is not only hardworking and smart, but he is a man of his word. I recall early in my career attending a hearing with him and the judge said to the oppos- ing counsel, “If Tom Ray said he did it, then he did.” I remember think- ing what an impeccable reputation he must-have for a judge to say that. I strive to emulate his professionalism in my career. AALM: Working with senior part- ners, what is a trait they have that you would like to carry through to the next generation of lawyers? BRR: Civility. I always have ad- mired the civility and professional- ism the senior attorneys have had throughout their practice. I try to treat opposing parties and counsel with respect and civility. I treat them the way I would want to be treated if I were in their shoes. AALM: What trait do you believe most separates an average or good litigator from an exceptional one? BRR: In my opinion, an excep- tional litigator is the one who is the most prepared. It is the lawyer do- ing the nitty gritty work of the case along the way and paying attention to the details. If you procrastinate, you will miss important information rushing to finish your task. If you stay self-disciplined, and prepare for trial along the way, you will be prepared. It is like playing sports – do the hard work during practices and the games are fun. AALM: Personally, what are you most proud to have accomplished thus far? And, professionally? BRR: I am proud that I have been able to practice law for over 20 years now and raise four children at the same time. My husband Sean and I are both very involved with our children’s lives. I have been able to volunteer at school on the school advisory board, booster club chair and assistant bas- ketball coach for the girls’ basketball team. I have been a homeroom mom and take pride in attending all the games and significant school events. I would not have been able to do that without my firm being flexible and working with me, and for that, I am very grateful. Bethany Ray Reichard Respect & Civility Lippes Mathias Wexler Friedman LLP 10151 Deerwood Park Blvd., Bldg. 300, Ste 300 Jacksonville, FL 32256 (904) 660-0020 www.lippes.com Practice Areas Litigation Education Juris Doctor, Cumberland School of Law, Samford University, 1999 Bachelor of Arts, Auburn University, 1996 Professional Memberships Florida Bar Alabama Bar (special membership) Jacksonville Bar Association Catholic Lawyers Guild Favorite Quote “Don’t judge each day by the harvest you reap, but by the seeds that you plant.” – Robert Luis Stevenson LITIGATOR SPOTLIGHT AttorneyAtLawMagazine.com 11THE WOMEN JANEEN KIRCH , DANA JACOBS , CHELSEA HARRIS , LINDSAY TYGART AND MARY GUILFOIL F or nearly half a century, Coker Law has been one of the most suc- cessful and highly respected trial law firms in Jacksonville. Their board-certified attorneys are among the most accomplished and impressive in the country. The leadership of this established firm continues to expand its strength and experience. “We made a conscious decision five years ago to expand the firm’s lawyers to better reflect the continued diversity of our profession and the Jacksonville community,” explains Daniel Iracki, attorney and shareholder of Coker Law. “By creating an environment that more closely reflects our community, we are able to better serve our clients in litigation and trial.” It seems apropos for this Women in Law issue of Attorney at Law Magazine to focus on the female attorneys at Coker Law and their significant contributions to the objective Iracki speaks of achieving. Since joining the powerhouse firm of Coker Law, Lindsay Tygart, Janeen Kirch, Chelsea Harris, Mary Guilfoil and Dana Jacobs have each found their niche and helped propel themselves and Coker Law to even greater heights of success. “Each of these women have unique paths and backgrounds in their personal upbringing and professional growth that gives them a diverse skillset to handle any situation our clients encounter,” says Iracki. Lindsay Tygart is a senior member of the medical malpractice division, and her skill and commitment have been widely recognized within the legal community. For more than a decade, Tygart has handled some of the most notable and complicated personal injury, medical malpractice, neglect, wrongful death and catastrophic injury cases, securing impressive results. Embrace the novelty of being a female lawyer, as it is a unique and exceptional position.” ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 5 NO. 3 12“I come from a family of lawyers,” says Tygart. “My dad was a trial attorney in Jacksonville for over 45 years. Both of my older brothers are lawyers. I have two uncles and a cousin who are Circuit Court judges here in Duval County, and another cousin who is also a lawyer. I believe the love of the law and the passion to help people is in my genes.” At just 10 years old, Janeen Kirch knew she wanted to be a lawyer and began her legal career as a prosecutor in the State Attorney’s Office, where she tried more than 100 cases. Colleagues call her a “fearless advocate” in the courtroom and friends describe her as “determined, loyal and compassionate.” “I loved being a prosecutor tasked with protecting our city,” says Kirch. “It’s why I went into law, to help people. I hope that my work there gave peace to grieving families and victims. When I was ready to leave the State Attorney’s Office and enter the civil sector, I wanted to work for a firm that also really cared about helping people. Coker Law is that place.” Focusing on plaintiff personal injury, bodily injury, automobile crashes and premises liability, Chelsea Harris has been practicing law in Duval County for almost 15 years, even serving as an assistant state attorney for the Fourth Judicial Circuit. “I joined Coker Law in February 2019,” she says. “I started out at the State Attorney’s Office in Duval County in 2006. I then moved to civil practice in 2008, when I joined a statewide civil defense firm. I became a partner with that firm and practiced on the defense side for more than 10 years before joining Coker Law. Having experience from both sides of the bar is key to understanding all aspects of a case.” A graduate of Florida Coastal School of Law, Mary Guilfoil’s practice focuses on community association law. Prior to joining Coker Law, she clerked for a federal judge and interned at the St. Johns County Attorney’s Office. “My dad is a lawyer, so I spent a lot of afternoons after school and in the summer at his office,” says Guilfoil. “When I was young, I would set up an office in his conference room and pretend to be a lawyer. As I got older, my dad would let me tag along to hearings and we would talk about the interesting parts of his job. I was always proud to watch him work and thought someday I might be good at it, too.” Proud to be a “Double Gator,” earning both her undergraduate degree and Juris Doctor from the University of Florida, Dana Jacobs is a driven and experienced litigation attorney. After spending the first decade of her career at civil defense firms, she joined Coker Law because of its reputation in the legal community. “One of the highlights of my job at Coker Law is working directly with clients and educating them about the impact of the law on their case during what is usually a very difficult time in their lives,” says Jacobs. “I was fairly nervous about starting a new career path, but my fears quickly faded once I was embraced by the Coker team.” AUSPICIOUS ADVICE Each of these women have worked hard and achieved tremendous prominence. It wasn’t always easy, but in retrospect, they do have words of advice to offer those who are just coming up. “My advice to women entering the legal profession is to surround yourself with people who find joy in your success and achievements – people who feel your wins are their wins, too,” says Jacobs. “Surround yourself with people who give you the THE WOMEN Talented, Successful, Empowered BY SUSAN CUSHING of Coker Law AttorneyAtLawMagazine.com 13tools and flexibility to be the best of the best in your field.” “Embrace the novelty of being a female lawyer, as it is a unique and exceptional position,” suggests Tygart. “It’s hard enough being a woman in a male-dominated field, but it is impossible to be a woman trying to act like a man in a male-dominated field. If you are doing that, you are setting yourself up for failure, because your internal structure and biological make-up will rally against you.” As many women have frequently found, regardless of their chosen profession, they are not initially taken seriously simply based on appearances. “I recall in one moot court competition where a judge gave me a critique and said that I reminded him of Kelly Ripa,” says Harris. “I took it as a compliment because I’m a fan of Kelly Ripa, but I then realized it wasn’t really a compliment. He was referring to my appearance and tone of voice, rather than my skills as an attorney. My results speak for themselves and I am confident I can provide the best presentation and representation for my clients.” Women are making great strides in the legal community and their influence will continue to increase. More than 50% of law students are women and the percentage of women that are actively practicing law has grown almost 15% in the past 10 years. “Some days, I do still think the legal profession is a man’s world, but then I look around and see how far female attorneys have come. We continue to advocate for how we want to carve out a space for ourselves in this career,” says Guilfol. “I am grateful to all of the female attorneys who came before me, and hope to do my part to make things easier for those who come after me.” “For most of my career as an assistant state attorney, I worked for a female state attorney who was a fierce leader,” says Kirch. “It seemed we had an equal number of female attorneys as we did men, but I do see there are still not enough women who practice personal injury work. Time is changing that, and I want to do my part to make things better for our future.” Applying not only their significant talents and experience, but also the compassion and understanding that comes from their life experiences in and out of the courtroom, the women of Coker Law are extremely proud of what they uniquely contribute to each case and every client. They know the cases that come to Coker Law involve people who have been hurt or people who have lost loved ones. Those are difficult situations to navigate, and sensitivity and compassion are key when helping clients through their pain and suffering. Being able to truly listen, empathize, and even comfort, helps make them especially effective when presenting their clients’ experiences to a jury. They fight for those families like they would fight for their own. “We encourage a culture of empowering our attorneys to draw upon their own life experiences when representing our clients,” says Howard Coker, founding and managing shareholder. “These real-life connections result in an attorney-client relationship that allows us to truly understand exactly what our clients are going through, and how to better serve them.” COKER LAW 136 East Bay St. Jacksonville, FL 32202 (904) 356-6071 www.cokerlaw.com By creating an environment that more closely reflects our community, we are able to better serve our clients in litigation and trial.” ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 5 NO. 3 14M edicare’s focus on liability settlements is increasing. The Medicare Secondary Payer Act requires settling parties to consid- er Medicare’s interest as the second- ary payer when liability (including self-insurance) or no-fault or worker’s compensation insurance coverage is the primary payer for medical items and expenses otherwise covered by Medicare. All parties to the settle- ment, including the attorney, face adverse legal and financial exposure if potential Medicare issues are not resolved. The Centers for Medicare & Med- icaid Services (CMS) recommended method for protecting Medicare’s in- terest is to obtain a financial report known as a Medicare Set-Aside al- location (MSA) that details the an- ticipated future Medicare items and expenses relating to the claimant’s injury. While an MSA can be funded with a cash lump sum, a tax-free an- nuity from a structured settlement provides a more efficient option to pay the future annual deposits out- lined in the MSA report. A structured MSA offers immediate financial ben- efits to settling parties and recurring guaranteed payments that help claim- ants avoid premature dissipation and mismanagement of funds. THE MEDICARE SECONDARY PAYER ACT (MSP) Historically, parties to worker’s compensation and liability claims would settle and pass the related med- ical bills on to Medicare. Today, pur- suant to 42 U.S.C. 1395y (b)(2)(A)(ii), Medicare is expressly prohibited from making conditional payments for medical services after they are paid, or reasonably expected to be paid, by a liability carrier through settlement, judgment or award. This includes past conditional payments and anticipated future medical expenses. Conditional payments must be re- imbursed. If the settlement fails to provide reimbursement and/or pri- mary payment, CMS may apply in- terest or exercise Medicare’s right of recovery and assess double damages. This right of recovery extends to any or all settling parties, including the claimant and their attorney, and does not require a finding of liability. The Claimant may also experience a dis- ruption or loss of Medicare Benefits. PROTECTING MEDICARE’S INTERESTS So how do attorneys protect future Medicare interests when preparing for settlement? CMS recommends a Medicare Set-Aside allocation. This report details the Medicare covered items and expenses resulting from the settlement-related injury and proj- ects those costs over the claimant’s life expectancy. The MSA amount is comprised of an initial deposit and a series of replenishing annual deposits into a dedicated MSA account set- aside from the remaining settlement proceeds. Funding the MSA with a struc- tured settlement annuity reduces the present-day cost of future annual payments without reducing the total MSA amount. The cost and payout difference may be kept by defendant party and/or the claimant as negoti- ated. Per CMS, funds must be kept in a separate interest-bearing account with records maintained for auditing purposes. Optional to the parties for a nominal fee, professional administra- tion companies will handle the MSA account billing, provide CMS report- ing and offer discounted pricing on prescriptions and certain medical equipment and services. Plaintiffs and Defendants may se- cure their own MSA report for nego- tiations. If settlement is reached, the agreed upon MSA may be submitted to CMS for review. CMS will approve the MSA or recommend a higher or lower total amount. Alternatively, future medical ex- penses may be set aside as a line item in the Release to show Medicare’s in- terests were considered. A structured settlement consultant can determine a settlement plan that allocates the lump sum for future medical expens- es as periodic payments over time. This reduces the amount needed to be set aside at settlement and frees up additional funds for the claimant to use for other needs. FOCUS ON LIABILITY SETTLEMENTS Historically, CMS has been very ac- tive in worker’s compensation settle- ments and has published guidelines for when a WCMSA should be sub- mitted for review, particularly for claimants who are current Medicare beneficiaries or have a reasonable expectation of becoming a Medicare beneficiary. CMS has not published review thresholds for liability (LMSA) and no-fault (NFMSA) MSAs to date. However, CMS has issued a proposal to expand reviews of liability and no- fault claims and instructed its con- tractors to begin modifying their data systems to incorporate reporting for these MSAs. CMS also published a Request for Proposal for the Workers’ Compensation Review Contractor, stating that it would possibly require the new contractor to manage a vol- untary review process for LMSAs and NFMSAs. Even without formal guidance, the MSP statute re- quires all parties to take Medicare’s in- terest into account when settling liabil- ity claims. NATHAN M. EVANS, CSSC, CMSS | Injury Settlement Planning Nathan Evans is a settlement consultant with Arcadia Settlements Group. Nathan works with attorneys to resolve personal injury disputes and provide financial security to injured parties with structured settlements and settle- ment planning services. He has met with members of Congress to discuss the importance of structured settle- ments to injured victims and is a member of NSSTA’s Legislation Committee. In his free time Nathan volunteers with Angelwood and Surfers for Autism and enjoys surfing, fishing and the outdoors. Medicare & Liability Settlements AttorneyAtLawMagazine.com 17On May 8, Scott Sheftall and WC Gentry participated in ABOTA’s Annual Seventh Amendment Symposium presentations for the school district to present to the students online. “Freedom Amendments” with Scott Sheftall playing George Washington and WC Gentry playing a time traveler at the “Home of George Washington; Mount Vernon Virginia” To see the video please go to attorneyatlawmagazine. com/first-coast or visit our YouTube channel. Scott Sheftall as George Washington To survive and thrive, our nation must ensure that its citizens, including its students, are provided every opportunity to gain a thorough understanding of civics. We lawyers and judges have an obligation to assist in providing that opportunity through various means, including by offering school systems interactive classroom lessons with robust Socratic inquiries about the history, function, and operation of our tri-partite government; by organizing intriguing free seminars, led by professors and other experts, about the history and meaning of our federal and state Constitutions; and by at all times encouraging the free and civil discussion of ideas.” – Circuit Judge Karen K. Cole A special thank you to videographer James Jenkin of Forensic VideoWC Gentry as Time Traveler A robust understanding of the role of the judicial branch in our system of government is critical to preserving the rights and freedoms of our democracy. It is both a privilege and a pleasure, as a judge, to be able to participate in civics education programs with the students of our community to enrich their understanding of our justice system. While we prefer to spend time with the students in person, our inability to do so under the current COVID 19 health challenge does not diminish our commitment to this important component of civics education. We commend the Jacksonville Chapter of ABOTA for assuring that its annual Seventh Amendment Symposium is not added to the list of experiences lost as a result of COVID 19.” – Marcia Mvorales Howard United States District Judge Middle District of FloridaNext >