This month, I was fortunate to be one of the first to participate in a live civil jury trial post-COVID at the historic Dade County Courthouse before Judge Mark Blumstein. In our case, the plaintiff was seeking compensatory and punitive damages because he believed that our client, his counselor, had improperly shared confidential information, resulting in a prolonged child custody battle. The defendant, a medical doctor and psychotherapist educated and licensed in Argentina, denied making any improper disclosure.

Before trial, our client was found liable at summary judgment for violation of the Florida Deceptive and Unfair Practices Act, FDUPTA. Although she had attempted to comply with Florida licensing requirements by earning a certificate from the University of Miami in addiction counseling, unlicensed professional practice is a strict liability infraction under FDUPTA. The trial was to determine liability as to the alleged disclosure under theories of defamation, invasion of privacy, and intentional infliction of emotional distress, and damages.