Pro Bono Attorney Spotlight – David Alschuler, Esq.
Across Miami-Dade County, committed pro bono attorneys are making a powerful impact by offering legal services to those who cannot afford them. In our second installment, we shine a light on another exceptional pro bono attorney whose dedication continues to uplift and empower the community.
Today, we are highlighting David Alschuler, Esq., a pro bono attorney who has taken over 60 cases with Put Something Back. David has been practicing law in the State of Florida since 1986 and is a Solo Practitioner at David Alschuler, P.A.
As always, each featured attorney answers a series of questions, offering a closer look at their experiences with Dade Legal Aid- Put Something Back. Through their stories, we gain a deeper understanding of the impact they’ve made, the challenges they’ve overcome, and the valuable advice they offer to fellow attorneys interested in giving back. Now, let’s hear what David had to say about his experience volunteering with Put Something Back:
Can you briefly tell us about your career journey as an attorney? What areas of law have you focused on throughout your career?
“I started my legal career as an Assistant State Attorney under Janet Reno from 1986 to 1991 after which I became an Associate Attorney at a small law firm for a few years before starting my own law practice as a Solo Practitioner. In 2004, I took time off from my private law practice to become an Assistant District Legal Counsel for the State of Florida Department of Children and Families. After several years, I returned to my private practice. The areas of law that I practice are criminal and traffic defense, dependency and termination of parental rights litigation, serving as a Guardian Ad Litem in family court (often in cases involving police and/or DCF investigations) and a niche area of foreclosures.”
What led you to get involved with Dade Legal Aid? Can you share a few memorable pro bono cases you have worked on and explain why they were meaningful to you?
“My parents–who frequently donated to many charities and non-profits and also served on their boards of directors–instilled in me the core belief in helping others. My belief that lawyers have an obligation to assist the disadvantaged who might not otherwise be able to afford to retain counsel led me to get involved with Dade Legal Aid. The numerous pro bono cases that I have handled over the years include, but are not limited to, representing defendants in criminal cases, representing alleged incapacitated persons in guardianship cases, representing minor children who received personal injury settlements and representing minor children in involuntary psychiatric residential treatment cases.
Two (2) of the most meaningful cases I have handled pro bono were:
1) State v. K.S. K.S. was an indigent high school student with no prior criminal record who had broken up a fight between two (2) young women, during which fight the victim’s necklace disappeared from around her neck. The other young woman in the fight was arrested for Strong Arm Robbery. At the time of the investigation, the victim wrote a statement acknowledging that K.S.’s only involvement was to break up the fight. But at the time of the pre-file conference at the State Attorney’s Office, the victim—whose mother was a police officer—now claimed for the very first time that K.S. held her down during the fight so that the other young woman could take her necklace. The Assistant State Attorney directed the lead detective to arrest K.S. which he reluctantly did–so reluctantly that he permitted her to pre-post the bond and drove her in the front seat of his police vehicle without handcuffs to the Dade County Jail for processing. Among other things, I arranged for a free polygraph examination (which K.S. passed) and located an independent witness who executed a sworn affidavit that K.S. did, in fact, break up the fight and not hold the alleged victim down. When the Assistant State Attorney refused to accept the affidavit, I transported the independent witness to the State Attorney’s Office for a formal sworn statement. The Assistant State Attorney then no-actioned (dismissed) the case at the time of Arraignment. I subsequently petitioned the court to expunge K.S.’s record of this arrest. This case was significant because the dismissal of charges allowed K.S. to graduate from high school after which she attended and graduated from college.
2) State v. C.B. C.B. was the victim of human trafficking. Between 2006 and 2007, while she was the victim of human trafficking, C.B. was arrested under a number of different names for prostitution and various prostitution-related offenses in seven (7) different misdemeanor cases. Although some cases were dismissed by the Court or nolle prossed by the State, she was convicted in four (4) of the cases. Generally speaking, as there are a number of exceptions, the law allows a person whose criminal case is dismissed or nolle prossed to expunge that one and only case and the law allows a person whose criminal case results in a withhold of adjudication to seal that one and only case. However, I was able to successfully petition the Court to expunge all seven (7) of C.B.’s cases, even the cases that resulted in adjudications of guilt, under a relatively new statute at the time (Fla. Stat. 943.0583). This matter was significant because it gave C.B. a clean record which allowed her to obtain, for the first time in her life, gainful employment–which involved counselling other victims of human trafficking.”
Can you tell us about a professional recognition or award that has meant a lot to you and why it was significant?
“It was certainly an honor to receive the Florida Bar President’s Pro Bono Award for the entire 11th Judicial Circuit and to fly to Tallahassee to appear before the Florida Supreme Court to receive the award.”
What are the three biggest tips you would give to other attorneys who might be considering getting involved in pro bono work?
“First, as Nike says, just do it! Second, it’s perfectly acceptable to handle pro bono cases only in areas of practice that you are comfortable with. Third, think about attending one of Dade Legal Aid’s various seminars and accept a pro bono case knowing that someone from Dade Legal Aid will be available to assist you if necessary.”
Thank you, David, for everything you have done both for our community and for Dade Legal Aid – Put Something Back. By offering their time, expertise, and compassion, these attorneys are truly putting something back into the community – one case at a time. If you are an attorney interested in taking on a pro bono case or know an attorney who has gone above and beyond in their pro bono work, please reach out to us at sgrosman@dadelegalaid.org.
Stay tuned for more stories of outstanding legal professionals who are making a lasting impact through Dade Legal Aid – Put Something Back.
