Episode Transcript
[00:00:00] Speaker A: Foreign.
Of we the People, tackling current issues, both political and legal, with common sense.
As we the People, we must bring common sense back to make our lives better.
Only on NOW Media tv.
[00:00:23] Speaker B: Welcome to we the People. I am your host, Alina Gonzalez Dakri, and this is the show where we bring practical legal insight and balance perspectives to the issues that affect families, businesses and communities every day.
Today we are talking about what happens when life changes in an instant. A crash, a fall, a catastrophic injury, or a moment that suddenly turns a family's routine into a legal, financial and emotional crisis.
Most people do not think about something happens.
But in those first hours and days, the decisions people make can affect their health, their finances, their family, and their ability to protect their rights.
My guest is Mark El Shapiro, founder of the Law Offices of Mark El Shapiro, Pennsylvania.
Mark has practiced law since 1992 and has built a career representing injured clients across southwest Florida with a focus on personal injury, client advocacy and community service.
He has been recognized among the top 100 trial lawyers, holds an AVO 10 superb rating, and is also known for his community commitment and work supporting autism awareness causes. Mark, welcome and thank you for coming on we the People.
[00:01:45] Speaker C: Well, thank you for having me.
[00:01:49] Speaker B: Mark.
After more than three decades in personal injury, what do most people still misunderstand about what happens after a serious accident?
[00:02:01] Speaker C: Well, I think the greatest misunderstanding is this.
If the other person was clearly at fault, people assume that everything will simply work itself out.
Unfortunately, that rarely happens. An insurance company, it doesn't evaluate a case based on what seems fair. It evaluates the evidence, the medical documentation, how much insurance is available, and ultimately how much they will have to pay. So people tend to think a personal injury case is about the accident itself, but the accident may have lasted only a few seconds. The case is really about everything that happens afterwards. So the medical treatment, the lost income, the sleepless nights where you stay awake in pain, the effect to the family, and sometimes in severe cases, an entirely different future.
So, you know, I've been practicing law since 1992, and I've learned that having a legitimate injury is only the beginning. You still have to prove what happened, how it happened, how it changed the person's life.
And that's why early guidance through preparation and patience is so important.
And leaving it up to the insurance company thinking that they'll do the right thing is often where people, you know, get. Get a second injury, so to speak, because they don't get the money or the compensation they're entitled to.
[00:03:27] Speaker B: I think that's so important and even for me, I'm thinking, okay, if I were in an accident, what should I be think? You know, obviously, if I'm not. If it's not catastrophic in my. But what myself or my family, more importantly, should realize that in the first 24 to 72 hours, what they. What should they be doing or acting upon?
[00:03:54] Speaker C: Well, I mean, first and foremost, you. They need to take care of their health.
So people sometimes try to tough it out. They assume the pain might go away on its own.
Sometimes they wait several weeks before seeking medical treatment.
When they do that, the insurance company uses that against them. They may later argue that, hey, if this person were really seriously injured, then why didn't they seek medical treatment sooner?
Another mistake that some, sometimes people make is failing to preserve evidence in the beginning. And that's where attorney can come in. You know, photographs, like, if you can disappear. When I say photographs, if photographs of the scene and getting pictures of the car, you know, those can disappear after a while. Vehicles get repaired, surveillance recordings are erased. Witnesses can become harder to locate or forget things.
So people will often give a recorded statement to the insurance company before they fully understand what their injuries are.
They might give the insurance companies broad medical authorizations.
They might post about the accident on social media, which can never be helpful. And sometimes they'll accept an early settlement because the offer sounds substantial at the moment, but. So my advice would be early on in the case is take care of yourself first and foremost, get appropriate medical attention, photograph everything you can, preserve the documents, avoid discussing the incident publicly like on social media, and speak with an experienced attorney before signing anything or dealing with the insurance company. The decisions made during the first few days can affect, you know, a claim for. For years afterwards. So, you know, that would be. My advice is to do those things and especially get medical treatment and make sure that you're documenting your injuries properly.
[00:05:59] Speaker B: But I think that's probably one of the best advice because so many people shy away from even when the ambulance is called and going to the emergency room or getting checked out because they think of cost. They don't.
It's like, and I understand when your adrenaline is going, you tend to not want to do that. But I know that some people do fear about what medical bills will be accumulated with this.
So with that, obviously I would say that was probably would be one of the first mistakes, as you noted, not taking care of yourself, not getting checked out by a doctor.
What are other mistakes that should be avoided by somebody who has been in a serious accident?
[00:06:50] Speaker C: Well, so there's Lots of mistakes. I guess if we're talking about the beginning.
You know, what sometimes people don't realize is general is insurance companies are a business.
So their responsibility is to evaluate claims and limit the financial exposure to their company.
So it doesn't mean they're dishonest, but it does mean their interests are different from the interests of the injured person.
So sometimes thinking that the insurance company, oh, they're nice, they're on my side, it's a big mistake because when they give a recorded statement or ask you for that, they. They're trying to pin you down and hurt your case, it usually doesn't help. A casual answer can be interpreted in a way a person never intended. So the same is true for broad medical authorization. So early settlements, you know, an early settlement offer can be very dangerous before you know what your injuries are.
You know, sometimes people. Because their adrenaline's going, you know, sometimes people will think, oh, I'm not in that much pain, so I'm not injured that badly. But pain is only one small indicator of whether you're injured. Sometimes people can be injured badly, and it doesn't register as serious pain, but it doesn't go away either. So what I would say is making the mistake and thinking that the insurance companies on your side, that they're there to help you and they don't need an attorney. Let me save some money because the insurance company is telling me I don't need an attorney. So that must be true.
[00:08:33] Speaker B: Well, and let's face it, I mean, you and I have both been in the practice of law for some time, and there has been a general mistrust of attorneys. I would say that has been churned up at times, whether it's through our elected position officials or what they read in newspapers. I think that's so important is that some people just say, I hate attorneys, I don't need an attorney.
But for those that are just don't want to come off as being litigious or greedy, what would you say to that individual?
[00:09:07] Speaker C: Well, you know, I understand. I hear that frequently, and I understand the concern.
Most of my clients, they're not looking for a lawsuit. They're looking to have their health back and have their rights protected. But you have to understand people get insurance to protect themselves if they're ever in an accident. So when someone says, oh, I'm not a litigious person, so I don't want to make a claim, you know, I'll just tough it out.
You're not helping the person that hit you. You're helping the insurance company.
They collected the premiums that someone paid.
So you're basically saying, well, we're going to let you, the insurance company have a pass because I don't want to be litigious or I don't. So what happens is you, the client, suffer. And the only one that benefits is the insurance company because they got to take in the premiums, but they didn't have to pay out.
You know, medical bills don't disappear because the injured person doesn't want to be confrontational. The lost income doesn't disappear. The future treatment does not disappear. The financial consequences can be placed entirely on the injured person and their family.
And so there's a difference between frivolous lawsuit and lawsuits. In most cases don't even end up in lawsuit. They're settled with the insurance company. And you know, that's why, exactly why someone has insurance to protect for this exact situation. So, you know, my advice would be, you know, you're not making a claim or hurting the person that caused the accident. When you don't make a claim, you're, you're actually hurting yourself and your family and you're actually helping this big corporation that's taking in millions, if not billions in premiums.
[00:10:57] Speaker B: Well, and I think this touches upon something. It's not even just the immediate, say, physical impact to somebody.
Your firm handles issues such as lost income, future medical needs, emotional suffering and loss of quality of life as maybe for yourself, the actual person in the accident, but also loved ones like a spouse. Why are those damages sometimes hard for people to understand or even understand how they can prove that, especially when it comes to emotional suffering and such.
[00:11:32] Speaker C: Yeah, so there's, there's lots of different things that you can recover. You know, there's property damage, there's pain and suffering, but pain. Most people understand what pain is. You know, they're in pain, they have a physical injury, but suffering is the non physical part, it's the mental part, it's the, you know, marriage that suffers. It's not being able to sleep and when you don't sleep, that can affect everything.
So it can affect your partner. Maybe you used to do more chores around the home, but now you're not able to do as many. Maybe you used to go out to movies together, but you can't sit for two hours at a time or you used to play tennis together. So that's something called loss of consortium. But there's lots of things that go into a personal injury claim that many people don't, you know, even comprehend.
You know, so we're not just talking about lost wages, medical bills, and in the pain and suffering, but, you know, what goes into suffering. You know, there's lots of things it's activities you can't do anymore that you used to be able to do, you know, can't lift or play with your children. That all gets factored in. And, you know, and a skillful attorney that's been doing this knows how to maximize those injuries. Because at the end of the day, my job is to get as much money as I can for my client.
[00:12:49] Speaker B: Well, Mark, what I hear is that the law becomes most important when people are least prepared to navigate it. And a crisis can create confusion. Clarity protects the families. When we come back, we will widen the lens and we'll talk about responsibility beyond the courtroom, community impact, business leadership, and how best Mark and his team at his law firm helps protect their clients. Tune right back in.
[00:13:29] Speaker A: Getting back to our origin of we the People, tackling current issues, both political and legal, with common sense as we the People, we must bring common sense back to make our lives better.
Only on NOW Media tv.
[00:13:48] Speaker B: Welcome back to we the People. I am continuing my conversation with Mark EL Shapiro, personal injury attorney, owner of law firm in southwest Florida. Mark, you have given us so much great insights on what a client or family members can do to prepare themselves immediately after an accident. However, I think I missed something that I really want our audience, or your audience mainly to really get to know is what motivates you to go into an area of law that you're really guiding people through so many pitfalls and challenges.
[00:14:32] Speaker C: Yeah. So, you know, I always just kind of gravitated towards personal injury. Technically, when I went to law school, I didn't even really want to be a lawyer. I went there to get a business background.
But then I started working for a personal injury law firm while I was in school.
And it wasn't until then that I really found that this was my calling, that this was what I really love to do.
But it wasn't until many years later when my wife and I had our first child who ended up with special needs. He had autism. He had medical issues.
And I could really empathize with what my clients were going through because we too were searching for doctors and medical answers and having to make decisions.
Do we save for his future or do we spend now on to try to cure him, so to speak.
So I feel like I went through a lot of similar things to what my clients that are seriously injured have to go through. And ultimately, I Had to learn to cope with a life that was different than what I expected it to be. Not necessarily worse, but different. And I think that a lot of clients that are injured and have injuries that are, that can affect them for life also have to cope with life is going to be different than what they expected it to be. And so, first of all, I feel an obligation to represent those people to the best of my ability to get them the compensation they deserve. Because I. Well, I might not have gone through the same thing. I feel like I have gone through something similar with my son.
And you know, because of that, it really, I'm really driven to get the best results possible.
And, you know, that that can kind of has shaped, you know, my whole focus on practice. My focus is on the clients. You know, my philosophy is the, that if I do a good job and I get enough good results for enough people, the money will come as a byproduct. But I don't look at how much. I don't set goals like how much money can we make or how I look at how many people can we help and how deeply can we help them. And if I do that, then the money just comes as a byproduct.
[00:17:03] Speaker B: Okay. And on that, I had to say applaud you, because that is a beautiful way of looking at it. And it obviously is the, the passion that you have for the type of law that you practice, but it's really about the clients. And I guess that's why you have been able to build a very client centric culture within your firm. But also it expands out to the community, which I feel that really is what most people need to see, especially from us as lawyers who, you know, having that not just being this cardboard face on a billboard. It's actually we are here to help those and get their families back on some type of path that will help rectify their injuries as such. I mean, go about how is it that if, if you have a potential client, say a client comes in your doors, what is the, the feeling that the culture that they're going to be receiving from you and your team.
[00:18:09] Speaker C: Yeah, so that's interesting because when I first started practicing, and I've been practicing since 1992, so that's what, about 34 years now?
You know, it wasn't the same as it is now. I used to, I think it starts with the people you hire.
So I used to look for talented people and people that were, you know, good at what they do. And that is important.
But I think just as important is Hiring people that believe in what they do.
You know, if. If I hire someone that has skills, but they believe that, you know, people that are injured or faking or, you know, they're.
They're just not going to last in this. You know, you have to.
When you believe what you do and you believe you're doing good, then you show up differently. So we not only right now hire for skills, which is important, but we hire for culture. We make sure that the people we hire believe in what they're doing and believe that they're doing right and they're doing good work, because that really makes all the difference.
And that's, I believe, how you set a culture. I mean, now you can nurture that, but it starts with hiring the right type of people.
[00:19:32] Speaker B: And I couldn't agree more. I mean, the reality is, is that the first touches, if you will, that someone has and call in. It's your receptionist is the paralegal. It's all. And of course, the attorney. But there's so many other people behind the attorney that really give the client experience or affects the client experience in that, especially with, you know, how our culture is today. And there has been a change. I've been doing. I've been a lawyer almost 30 years, so it's definitely evolved.
What responsibility do successful professionals, or let's say lawyers, have to use their platform for causes that affect families and communities?
[00:20:20] Speaker C: Well, I mean, I don't know if there's a responsibility. I mean, I do that because that's part of who I am, you know, so because we have an autistic child, I mean, my wife is. Has been on the board for several years of a charity called Star Ability, which.
Which helps train kids with disabilities.
It teaches them job skills, and then after they graduate out of the school system, it helps place them in jobs.
Sometimes they go as a group into different places and work. So that's become. They're actually even working on a housing component now.
So that's something that we do, I don't think, because we feel an obligation to do it. It's just who we are as people.
I'm on the board of a charter school that's relatively new, called Autism Collier Charter School, and that's growing very rapidly because there's a need. But we support other charities as well.
We support some charities in other areas, like the Orlando area and. And some local charities in Naples and Fort Myers. Those are where our central offices are located. So, you know, we like giving back to the community.
We're a sponsor of FC Naples soccer team. So, you know, I think community involvement is important, especially now where you have these either statewide firms or multi, like national firms that, you know, are just in spending lots of money on advertising, picking up clients, they don't have ties to the community.
And you know, I mean, me, I've been in the same space here since I started practicing. So my reputation is very important to me because, you know, being in the same area for, for so long, I mean, if you don't do right by people, it catches up with you quickly.
[00:22:16] Speaker B: Well, and I think I have to say I like what you mentioned in that you are here locally, you understand the needs of our community members of, you know, residents of southwest Florida, even up to central Florida. Do you understand that reverses a large law firm that just comes in and may buy a building, put up a billboard and hire a call center basically, or place a call center.
And that has been happening and like when I started practicing and it used to be the, the. The attorney like yourself with a small law firm or medium law firm that it was all local attorneys in such. And now it's starting to.
I think that's why it's even more important that our audience members gets to know the attorney that they are hiring because the one that's involved in the community, that's living among you, that is, you know, going to the same soccer games and, and schools and such, that's the one that's going to give his most heart.
And Mark, I mean, I love the culture that you have brought, that that is your passion, your purpose is coming out in what you have built at your law firm.
If there was any advice that you would give to someone watching who feels perhaps intimidated by the legal system but knows they need help, what would that be
[00:23:42] Speaker C: that feels intimidated by the legal system? Well, I mean, there's really no need to feel intimidated. I mean, it was set up to do justice.
I know that some people, you know, don't experience that all the time, but, you know, it starts with hiring an attorney that, you know, cares. I mean, I've seen, I've seen people not be treated well by the attorney they hired. So hiring an attorney and the right attorney is an important decision.
It should not be taken lightly.
Sometimes these big firms that, you know, do all kinds of advertising, they're maybe not the best, maybe they are, but. But, you know, choose carefully because a lot of times, and especially now, because things have changed over, especially since COVID where we're doing things by zoom now, hearings, even clients are getting used to Sign up over a Zoom and a DocuSign.
So these big firms that don't even have a presence in the area, their advertising, signing people up with DocuSign, attending the court hearings by Zoom, they don't know the community, they don't know the judges, they don't know the other attorneys. And it can affect the results. So I think that, you know, intimidation of the legal system shouldn't really be a factor. But I think it starts with, you know, making sure you get the right type of representation.
And whether that's me or someone else, you know, that's an important decision that that should not just be based upon, you know, who does the most advertising or the biggest billboarding.
[00:25:29] Speaker B: And Mark, for our viewers who want to learn more about your work or hire you to assist them through their time of need, how do they get a hold of the law offices of Mark EL Shapiro, pa.
[00:25:41] Speaker C: Yeah, so let me give you some contact information. So you look in, In Naples and Fort Myers, you can call 239-500-5000, that's 500-5000 or toll free 866-500-5000. And you can always email us. I mean, my personal email is Mark. Now I spell Mark with a C, M A R, C. So it's mark@Attorney Shapiro.com.
[00:26:09] Speaker B: okay. And
[00:26:10] Speaker C: of course, our website is Attorney Shapiro.com if you want to check out our website and find out more information about our law firm and what we do and some of the people that work here.
[00:26:22] Speaker B: Well, Mark, thank you for bringing your legal insight and your perspective into this conversation. I look forward to having you back on very soon.
And for our audience today, we talked about what happens when life changes in an instant and why legal clarity matters, but also more importantly, who you hire to assist you as you go through these challenging times. And that would be someone like Marc and his team at Marc Shapiro at the law office of Mark Shapiro, pa. I am Alina Gonzalez Dockery, and I wish you all a good night.
[00:27:12] Speaker A: Getting back to our origin of we the People, tackling current issues, both political and legal, with common sense.
As we the People, we must bring common sense back to make our lives happy. Better.
Only on NOW Media tv.
[00:27:32] Speaker B: Welcome back to we the People. I am continuing my conversation with attorney Mark El Shapiro, founder of the Law Offices of Mark El Shapiro, P.A. and owner of Aries Title Incorporated.
So you may recall, in our first two segments, Mark and I discuss personal injury, client advocacy, responsibility to our community, and the legal knowledge families need before a crisis Now I want to explore another important side of Mark's practice. The legal risks connected to real estate. Title disputes, business ownership, and asset protection.
These are areas where one unclear document, one overlooked title issue, or one poorly structured transaction can create years of financial and legal consequences. And. And honestly, who needs the headache? We want things with ease. So, Mark, thank you for being on the show once again, and thank
[00:28:28] Speaker C: you for
[00:28:29] Speaker B: allowing us to do this shift.
So, Mark, what are some of the most common legal problems you see when people purchase property without fully understanding the title contracts or obligations involved?
[00:28:43] Speaker C: Well, let me give you a common scenario. So. So let's say a couple finds a property, what they believe is their perfect property.
They've already imagined the renovation, the pool, the family gatherings. They negotiate the price, they obtain the financing, sign the documents, and they walk away from the closing table with the keys. Several months later, they discover that there's an easement affecting part of the property where they plan to build. Or maybe they learned that there was an old lien and that was never properly released. And when you purchase a condominium, they may discover a significant assessment or rental restrictions or an association obligation they didn't fully understand.
So they purchased the property, but they didn't fully understand the rights and restrictions that came with it.
So that's one of the biggest misconceptions in real estate. So you're not simply purchasing a building or structure and a piece of land. You're purchasing a collection of legal rights, limitations, financial obligations, and potential risks.
So a title search may reveal there's an unreleased mortgage, a judgment lien, maybe there's a probate issue or a boundary dispute, an easement, an incorrect legal description, an ownership claim involving a former spouse or a business partner. So the contract is also very important because it governs your inspection deadlines, financing, contingencies, deposits, repairs, default remedies, closing costs, whether the buyer can walk away without losing a substantial amount of money.
So business buyers have to consider zoning, permitting issues. Can they do what they want on this property?
Existing leases, environmental concerns, personal guarantees, and whether the proper legal entity is purchasing the property. So my advice is don't fall deeply in love with the property so much that you stop asking legal questions about it. So the closing table is not the place to be discussing due diligence or concluding it's.
You need to do that well in advance. And that's why you know an attorney and a title company, they look at those things for you so they can advise you before the closing table if any of those things are issues.
And we actually get an insurance policy that ensures over that. So if there is one of those issues, you have insurance that's going to cover it.
[00:31:20] Speaker B: Well, I think you hit the nail on the head because so often people question whether do I really need an attorney to do the closing, to handle the closing, or a title company. Why can't it just be notaries, you know, and, and documents? And that's, you know, it's better to have the protections and that oversight by experts in the field. I know for myself, yes, I'm an attorney, but I will tell you, I will be going to you upon my purchasing for, for property because I want to ensure that someone who focuses and, and, and concentrates in this area knows more than I would as you know, an estate attorney.
But let's go on to something you brought up. What happens when there is a title dispute and how can that affect homeownership or, or ownership of any property?
[00:32:13] Speaker C: You know, so the issue with the title disputes, and I've been dealing with this for, you know, decades now as an attorney, but title problems can be quiet for a very long time. They don't just present themselves in the beginning. So imagine a homeowner has lived in the Same House for 10 years. So the mortgage has been paid on time, the taxes have been paid on time. There never appeared to be any problem. And then when the homeowner goes to sell during the new title search for the person that's buying it, it's discovered that a prior owner spouse never signed a necessary deed or possibly an old mortgage was never properly satisfied or an interest passed through an estate without being correctly addressed. So suddenly a problem that was created many years, possibly decades earlier is standing in between that homeowner and the sale. So for an investor, the issue may appear sooner when the financing is needed for a development project for a business, it may arise when the company tries to refinance or bring in a new partner.
So the title dispute can delay the sale, it can interfere with financing, it can reduce a property's value, it can generate substantial legal expense and it can place someone's ownership at risk.
So a closing doesn't magically erase everything on the property. That's why you need a proper title search, a careful review. There's a title commitment, there's an examination of the survey, and title insurance is also issued, which is very important. In fact, it's so important that if you get a loan on the property, the lender is going to require you to get title insurance because they don't want a problem coming up that's going to affect their mortgage. So title insurance may provide protection against certain defects, but policies contains exceptions and exclusions. So it's still necessary to understand what the documents say and what the policy actually covers.
So the best time to address this, as I said earlier, is before the purchase because you want to know about these things before there becomes a problem.
So that you don't find out when you're trying to sell the property that there's a problem and then your closing is delayed, possibly you lose a buyer. So that's why not only is it important to get title insurance, but to have an attorney review everything prior to the closing. Because title insurance may not cover anything, everything. And when you get a title insurance policy, the policy is only as good as the exceptions that are on it. If you get a title policy, but it contains a bunch of exceptions that you know they snuck in there or someone snuck in there, it's really not that good. So you need someone to review it to make sure that the policy is actually covering everything it's supposed to cover.
[00:35:06] Speaker B: Oh, I love when I learn new things and you're so.
I have to say that the eloquence and the detail that you provide in the examples is so helpful and I appreciate that. So speaking of like, let's just say the business, the investor, this is something. What should entrepreneurs and investors understand about structuring the entities or the purchases that they are creating for liability protection? Long term planning.
[00:35:39] Speaker C: Yeah. So lots of investors. Well, the first thing I would say is if you're an investor, if it's not your homestead, you don't usually want the property in your own name. Because if it's in your own name and you get sued, let's say a tenant brings their pet pit bull into the house and it bites the neighbor kid's face off and, and they sue the owner, saying, you should have known your tenant had a dangerous animal. If you have it in your own name, you could be sued personally. And that puts everything you have at risk.
So a lot of people will use either. I'm a big proponent of land trust. Some people will use LLC or some other type of organization.
And that's great. But one of the biggest things I see, the biggest mistakes I see that made is someone goes online and does it themselves. They file their articles of organization, which you can do online at the website. I think it's
[00:36:36] Speaker B: State
[00:36:36] Speaker C: of
[00:36:37] Speaker B: Florida Department of Corporations.
[00:36:38] Speaker C: Yeah.
So then you obtain your tax ID number or employer identification number for the irs and people believe, okay, Now I have an llc.
And that may be enough to create the LLC on the state records, but it's not enough to build a properly structured business. So the problem often does not become visible when everything's going well. And if everything's going well, you may never realize there's a problem. But it appears when the company is maybe gets an IRS audit or a sued approach by an investor that involves a dispute between its owners, or they try to obtain financing and someone begins asking to look at the operating agreement and the ownership records, the company's resolutions, the contribution records, the banking documents, evidence showing how the business is actually being governed. And sometimes I see that people don't have those documents. They just filed the articles of organization and began running an llc.
But that's not the end of the process.
A company should have an operating agreement explaining who owns it, who manages it, what authority the person has, how profits and losses are handled, what happens if an owner leaves or dies, how disagreements will be resolved.
Companies should maintain organized company records, separate bank accounts, appropriate resolutions and written consents, current filings and clear documentation of major transactions. So the owners must behave as though the LLC is a separate legal entity.
So business income and expenses should not be casually mixed with personal finances. Contracts should be signed in the company's name and in the signer's proper representative capacity, so not individually. So the goal is not merely to tell the state that a company exists and do your articles of organization. The goal is to create and operate a legitimate business structure that can withstand scrutiny. An LLC is an important part of liability protection in long term planning.
But just doing your online filing does not create the entire business structure. So the paperwork, records, contracts, day to day conduct, all have to be supported by the company. So the biggest thing I see people make mistake is that they go online, do the articles of organization, get a tax ID number and they think they're done. But if you don't have your corporate records book and you get audited or you, or you get a lawsuit and the first thing they do is subpoena your corporate records book and you're like, well, I don't have one, it might not be the kind of protection that you thought it was.
[00:39:22] Speaker B: Mark, thank you. That was amazing. And this reminds us that legal risk often develops quietly and a contract assigned title issues are overlooked or a business transaction moves forward. Without the right structures in place, there are consequences.
And when we come back, we will close with professional leadership, advocacy for people with disabilities and the legacy created when legal experience is used to strengthen an entire community. Tune right back in.
[00:39:52] Speaker C: Thank you.
[00:40:06] Speaker A: Getting back to our origin of we the People, tackling current issues, both political and legal, with common sense.
As we the People, we must bring common sense back to make our lives better only on NOW Media tv.
[00:40:25] Speaker B: Welcome back to we the People. Stay connected to this show and every NOW Media TV favorite live or on demand anytime you like. Download the free Now Media TV TV app on Roku or iOS and unlock non stop bilingual programming in English and Spanish on the move. Catch the podcast version at www.nowmedia.tv.
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Welcome back to we the People. I am here with Mark EL Shapiro, attorney and founder of Title Company.
Throughout this conversation we have discussed legal advocacy, personal injury preparation, business risk, and the responsibilities attorneys carry when people are navigating some of the most difficult and challenging moments of their lives.
In this final segment, I want to focus on the values behind the work leadership, advocacy, community service, and a legacy a professional creates through the people and causes they choose to support.
Mark, we touched earlier about some of the passion and purpose that you have that you and your family have because of your son in developing, you know, the charter school and sex for autism.
How has your family's experience with having a child with special needs shape the empathy and perspective you bring to clients facing life changing injuries?
[00:42:05] Speaker C: Yes, thank you, Alina. So some of the most important lessons I've learned about communication didn't actually come from law school or courtroom. They came from my autistic son, Nathan. So Nathan is non verbal. He experiences something that they call apraxia and dyspraxia, which affects his ability to coordinate the movements involved in speech. So he doesn't communicate through spoken words. But that doesn't mean he doesn't have anything to say. So it means people around him must pay closer attention. So we have to notice expressions and sound and behaviors, routines and changes that another person might overlook. And this has profoundly affected the way I listen to clients. So a person who has experienced a catastrophic injury in, let's say, an auto accident, they might not always have the language to explain everything that has been taken from them. So someone might say, I'm doing okay, but their spouse knows that they're no longer sleeping through the night. A medical report may describe physical limitations, but it doesn't show that a parent can no longer pick up a child or cook dinner or drive independently or participate in family life the way they once did sit through a movie for two hours or play tennis. So Nathan has taught me that communication requires more than just hearing words. It requires paying attention, patience, and a willingness to understand the person in front of you.
So he has taught me that progress does not always look dramatic. Sometimes progress is something that another family might barely notice, but to your family, it's enormous. That perspective helps me remember that behind every personal injury client that I represent, it's not merely a diagnosis or a dollar amount that there's a human being, a family, and a life that may have been changed in ways that the paperwork can't fully explain.
[00:44:11] Speaker B: I think that's so important because you're seeing beyond the case, or the matter is actually the individual and the individual's family that has been impacted by the catastrophic events leading them to your office.
And so, Mark, with all your efforts supporting Autism Speak, Star Ability, A Night to Shine, and your other community organizations, how has that taught you for. About meaningful advocacy? Because you are an advocate for your clients as well as your family.
[00:44:44] Speaker C: Well, I mean, it. It's something that's important to us.
You know, my family has a connection to. That's why disability advocacy, it's not something that my wife and I selected because it looked good on a remusy. On a resume.
It looked good.
I mean, I'm sorry, it grew from our own lives. So my wife, Holly, serves on the board of Star Ability, and I serve on the board of a charter school that's entering its second year called Autism Collier Charter School, and it educates children with autism and other intellectual abilities. So we also support other programs through either sponsorships or money donations.
But, you know, those experience have taught me that meaningful advocacy begins with listening. So at the Autism Charter School, you know, we have board meetings where we discuss policies, resources, facilities, staffing, planning. But behind every item on the agenda is a child and a family.
So a budget decision is not merely a number. It affects whether a child has access to appropriate classroom, a qualified teacher, a needed program, or an environment which that child can feel safe and capable.
So that changes the way you think about service.
So you learn that no two children and no families have the exact same needs. So advocacy can't be based on the assumption that one program, one policy, or one style of communication works for everyone.
So events such as Night to Shine, which is kind of like a prom for people with disabilities, it's powerful because they communicate. Something every person needs to hear is that you belong here and you deserve to be celebrated.
But an event is only one night.
So meaningful advocacy requires consistency through the rest of the year.
So one appearance, maybe that creates a photo op. But sustained commitment creates trust, opportunity, and community.
[00:47:00] Speaker B: And I love that because that goes even to. And I could see how your passion and your commitment to your son, your family, but your community also extends to your clients as well, because you do have that understanding and ability to have that empathy for the family and looking beyond what their immediate needs are, what it looks like on paper.
And Mark, as a business owner and co author of Business Leader Success, what leadership principle has been most important in building trust with clients, your employees, and the community at large?
[00:47:40] Speaker C: Well, you know, the main principle I learned is that trust is built through consistency, especially when consistency is inconvenient.
So every business owner eventually experiences a moment when something goes wrong. A deadline is missed, the client's unhappy communication breaks down, but that moment tells people more about your leadership than the moments when everything is going well.
So do you become defensive or do you listen?
You know, I was taught by a mentor of mine that the amount of success you have is directly proportionate to the amount of truth that you can handle without running away.
So do you blame someone else or do you take responsibility? Do you avoid the uncomfortable conversation or do you address it honestly? So I've learned that employees don't expect a leader to be perfect, but they want clarity, accountability, and respect.
I've learned that leadership requires creating an environment where truth can travel upward. Employees should be able to identify a problem, admit a mistake, or offer a different perspective without believing that silence is safer. So there's an area every leader, including me, must continue to examine and improve. So clients also deserve honesty. And sometimes leadership means telling a client that a case might take longer than expected or the law does not support the outcome they wanted. So trust is not built by telling people whatever they want to hear, whatever makes them happy. And I know some attorneys that will do that just to get a case signed up.
I don't do that because I think trust is built by telling the truth and then standing beside them as they decide what to do next.
So a title might provide authority, but it can't provide trust. Trust is earned through hundreds of small decisions that people can observe over time. Let me give you just a small example. Not even me. It was a restaurant. Not even a restaurant, but it was a place. I remember ordering a Thanksgiving turkey and we ordered it, we pre ordered it a month ahead of time and we pre ordered it to be a cooked turkey because we didn't want to have to cook for Thanksgiving.
So I showed up and we got A turkey that was uncooked.
Well, you know, turkeys have to thaw. We weren't prepared to cook it. And. And I remember, you know, they didn't have any cooked turkeys left because somehow they messed up the order. But they stayed there late, and they stayed and cooked that turkey there right in their restaurant so that I could leave with a cooked turkey. So that, to me, is leadership. That's taking responsibility.
You know, they could have said, oh, sorry we messed up your order. That's the end of it. But, you know, they stayed late on the night before Thanksgiving and made sure that I had a cooked turkey to take.
[00:50:32] Speaker B: Well, and that goes to not only the accountability, but also realizing that your reputation is as good as the last person you serve, which, as an attorney, we are in. We are in the service industry because we are dealing with people at Sometimes at their most vulnerable or where they had the most need.
So, Mark, when you look back on your career, what legacy do you hope that you'll be leaving behind when people look back and think of you?
[00:51:05] Speaker C: Well, one thing I think that I excel at and that I hope people see is that I help make the complicated and frightening moments a little less frightening.
The case results matter.
Professional recognition is nice. Building a successful business matters.
But those things cannot tell the entire story of a career. So when I think about legacy, I don't think about the cases I've handled. I think about our son, Nathan, and what his life has taught me. I think about my wife, Holly, in her service with star ability. I think about children and families represented in every decision we make at Autism Collier Charter School.
And those experiences remind me the true measure of success is not simply what we accumulate.
It's what we make possible for other people.
So when I represent clients, I remember that they were treated as human beings in my office rather than file numbers. And I hope families remember that someone listened when they felt overwhelmed or ignored.
I hope that the people who worked with me gained knowledge, confidence, and opportunities that they could carry into their own lives.
And, you know, awards and the accolades that I've received, you know, they eventually collect dust.
The cases eventually close.
Businesses evolve, but eventually they pass into other hands.
So what remains is the effect that we had on people.
So did we tell the truth when it was difficult? Did we protect someone who was vulnerable? Did we open a door for someone who had been overlooked? Did we use our success merely to improve our own lives? Or did we use it to strengthen our community?
So I hope my legacy is not simply that I was a success. Successful attorney and business owner. I hope that some people were safer. Some families felt less alone. Some children had greater opportunities because of my family, my wife, myself and how we chose to show up.
[00:53:10] Speaker B: And Mark, for our viewers who want to learn more about you or how can they connect with you?
[00:53:17] Speaker C: Yeah. So my website is attorney shapiro.com and they can also email me at mark spelled M A R cterney shapiro.com and our office phone number is very easy to remember in Southwest Florida. It's 239-500-5000 and we also have a toll free number which is 866-500-5000.
Just remember 500 5000. You know how to get a hold of me.
[00:53:49] Speaker B: Mark, thank you for continuing this conversation and for sharing your legal, personal and community experiences that have shaped your approach to leadership and advocacy.
[00:53:59] Speaker C: All right. Thanks again for having me.
[00:54:02] Speaker B: To everyone watching, remember this legal preparation protects more than property or finances. It protects your family, business, your opportunities and the people who you may find to mean the most. I am Alina Gonzalez Dachry, and this is we the People.
