Making Choices
May 2008 Issue
Learning the Hard Way
It was 1987, and Florida lawyer Howard L. Finkelstein was living the life.
A charismatic and successful criminal defense lawyer, he had nice cars and big homes, and he could be seen at all the right restaurants and parties. Finkelstein’s wife was even pregnant with their first child.
Then, on his way home from happy hour one night, he hit a parked car—a police car. Not only was he not sober, but police found cocaine and prescription pills in his Cadillac.
Finkelstein eventually pleaded guilty to driving under the influence and possession, and the Florida Bar suspended his law license. It was a consequence, he says, that saved his life—and made him a better lawyer.
Finkelstein isn’t the only lawyer to have seen the light at state bar court. Those who have been brought before their professional regulatory discipline systems say the experience caused them to face their demons. Admitting the problem behavior, they say, is often the best defense when called before a panel of their peers. And for them, it became crucial to rebuilding both a personal life and a life in the law.
That’s the approach Finkelstein took when his father, brother and a friend who happened to be a bail bondsman picked him up from jail 21 years ago. No sooner had he climbed into the car than they locked him in and drove straight to a rehab facility. Entering treatment, they told him, would help him defend against any discipline charges the Florida Bar brought against him.
MAKING CHOICES
MAKING CHOICES
It took Finkelstein a few days to realize he was out of control. A therapist promised Finkelstein that he’d get well if he did two things: Never take drugs or alcohol again, and change everything.
It was the last part Finkelstein found most troubling. “It’s not so much about drugs and alcohol; it’s about figuring out who we are—and shedding the skin we’ve been in and figuring out how to lead a new life,” he says. “That’s what I had to learn.”
A self-described flower child, Finkelstein began his legal practice in 1978 at the Broward County, Fla., public defender’s office and developed local fame early in his career.
One of the first male lawyers in Fort Lauderdale to sport a ponytail, he had a good rapport with young reporters covering the courthouse, and they often agreed with his positions.
“I was one of them. I was not one of those three-piece-suit-wearing, martini-swilling lawyers. I was kind of cute, and I stood up for good causes. I made good copy,” Finkelstein says. “If cool people had a party they wanted me there.”
A craving for fame fueled by cocaine led to his downfall. Three years later, Finkelstein wanted to make more money, so he left the agency with two colleagues to start a firm. The money came—along with a rock star lifestyle. “Here I was representing really bad people, doing nothing for the community other than making money and sticking products up my nose, and I got arrested in a big Cadillac. The whole thing is really bizarre,” he recalls.
Then Finkelstein had to face the real music: The Florida court eventually sentenced him to five years’ probation—adjudication was withheld, enabling him to avoid a felony conviction—and the Florida Bar suspended his law license for one year, with three years of probation. After completing a 28-day rehabilitation program, he entered a local halfway house sponsored by the Mission of St. Francis. And he went back to work at the public defender’s office, as a humble investigator rather than an attorney.
“I was carrying the briefcases of lawyers who had read about me in junior high,” Finkelstein says. “It was humiliating, but I knew I was in the right place and the penance was appropriate. I also knew I was going to succeed.”
At the end of his suspension, Finkelstein decided to wait an additional year before petitioning the court for reinstatement. “I had the opportunity to go to the ‘college of self’ and make myself the person I wanted to be,” he says. “I could be as good of or as not so good of a person as I wanted to be, as long as I was willing to make the effort.”
When he did petition the court for reinstatement, judges and lawyers testified on his behalf. “It was kind of like hearing a wonderful eulogy about yourself and not having to die,” he says. The petition was granted, and Finkelstein was reinstated to the bar in 1992.
He resumed work as an assistant public defender; he admits to a concern over how he’d litigate sober. “Most people would say that I am an extraordinary lawyer. I’m very theatrical, and like most good trial lawyers I was an egomaniac fueled by an inferiority complex,” Finkelstein says. “The answer was that I could be a far better lawyer without drugs than I ever was with drugs.”
Instead, he says, he learned to draw power from what he experienced in jail, in rehab and at the halfway house. “I can see the worth in some humans that others might overlook—not because they’re bad people but because I have seen so many transformations by people who have been as low as they could be. What I have to remember is that we all get lost at some point in our lives.”
Finkelstein stayed at the public defender’s office and was elected the agency’s chief in 2005. In that role, one of the first things he did was remove a daiquiri machine from the office. He also facilitated Alcoholics Anonymous meetings at the facility and weekly yoga classes.
“Our profession churns out addicts like no other profession,” Finkelstein says. “If I can give them things that will support them, I do.”
Today, Finkelstein says, the thought of doing cocaine makes him queasy. But the fame from his life hasn’t disappeared entirely. He still sports a ponytail, and he makes twice-weekly appearances on “Help Me Howard,” a legal segment that airs on the Florida Fox News affiliate WSVN. Finkelstein offers advice to viewers who call in with personal legal problems.
In 2000, the story of his life was told in the nonfiction book Snow Blind by journalist Douglas Kalajian.
“I hate the book,” Finkelstein says. “It’s a very painful analysis of me because it’s true. My wife and I believed that if we told our deepest, darkest secrets, that would show hope for others and convince others to give someone a second chance.”
Copyright 2008 American Bar Association. All rights reserved.
he started the ponytail, what others have had one, whose was the longest.
The courthouse is buzzing with news that a prominent criminal defense attorney is about to file for public defender it will allow the Bar, Judiciary and solid individuals to gather around this candidate. Finkelstein without channel 7 becomes very ordinary, and it allows for a fresh breath of air. What is amazing even the higher ups in his office are abandoning ship and privately and whispering to this soon to be announced candidate.
Finkelstein reminds us of the soldiers that flew into enemy territory during the war and parachuted out of a plane when they landed there was a lot of number 2 running down there leg, he is absolutely afraid of an opponent, running a self serving free advertisement on the blog. That biographical sketch isn't going to scare away opposition, if anything it shows his basic character flaw, maybe he should have been in rehab longer than 30 days, because of his hatred towards his fellow man. His house of cards will fall, because nobody will stand by him, when the campaign begins. Why, because he doesn't stand by anybody, he just looks to hurt everybody by him, and his own evil will consume him and end his short political career. Someone annointed by Alan Schreiber, the same Alan Schreiber that annointed Miriam Oliphant. He will be following Oliphant's road. Anybody have a job for Finkelstein, maybe again as a law clerk.
most addicts cant take pressure, he has never had the pressure of running and possibly losing a campaign. He loses the campaign he loses all of his jobs, income, etc. the pressure is on howie
gag
I don't practice much in broward but I get the sense from following this blog that the people who hate howard are the people who live(d) off court appointments and can't make a buck without sucking the government tit. I'm right, arent I?
There's no buzz. Just one or two people who don't like "Howie" and who write multiple blog entries. "Prominent" defense attorneys are smarter than filing for PD. Get a life.
sounds so ostrow
Guys at my high school would refer to themselves as "kind of cute" all the time, it was no big deal.
I know of only two prominent defense attorneys in this town.... j. David and Howie. Fred may be prominent in the legal community but not in the community at large. People know J. Dadvid in the community at large because he represents sheriffs, billionaire's kids, doctors, politicians, judges, teachers addicted to little boys,... all the big shots. J. David represents all the high profile power idiots. The other prominent lawyer in this halfass town is Help Me. Everyone knows Help Me. Ever see Howie walk down the corridor of the courthouse? He gets stopped 5-10 by people wanting his autograph or just to say hi. Ever see Howie at these condominiums where all the oldies live? They treat him like the Messiah. They are in awe. Now.... there are allot of women and men in our ego inflated group who are legends in their own mind....... but nobody knows or cares who you are other than yourself. Most of you wear or think you deserve to wear a black dress. So bring it on tough guy, get your game on. Get your "prominent defense attorney" candidate to run against a lawyer who changed the face of the Broward judiciary in a period of two years. Howie is a 800 lb gorilla with a pony tail.
My apoligies to Frat Stud. If he is a criminal defense attorney he is a very prominent one.
Howie is a legend but only in his own mind. Nick Navarro was also recognized by many and he also thought he couldn't be beaten, he was a great guy though. Howie is absoulutely beatable, and it will be proven in November. Chief Assistants better be getting their resumes ready. Michaelson can come out of the closet and openly do research for Howie. He will no longer be on state time. But if Howie had to pay Michaelson, I doubt that he would hire him, that is why Howie will lose. He provides, no comfort no loyalty his chickens will come home to roost. Having local fame doesn't translate to these folks voting for him. A lot people are betting he gets defeated.
It is so amusing that running against sitting Judges is viewed as a much needed exercise in the democratic process yet even a whisper about running against Howard draws out such contempt for even considering a run. Sounds like people know he is a very vulnerable candidate who has raised no money.
Who needs to raise money when you have the loyalty of so many people, not just the people in his office but many others that he's helped to recover their lives when they found themselves in trouble and facing hardship.
If you took the time to know the truth and not so much time purusing the elections website you might have figured this out all on your own.
There's nothing like truly learning from your mistakes to build character. It makes for a much more fulfilling, truthful and lasting legacy than those that can't or won't improve themselves because of self styled egos that resemble delusion rather than sincerity.
You people that can do nothing but attack someone that stands out as a great example of what we all should aspire to in both our dealings professionally and in the learning experiences within our own private lives leaves much to be desired in the way you view yourselves I suspect.
Howard Finkelstein whether you like or dislike him for whatever reason you may have is a person that deserves notable credit for the many selfless things he has done for many ordinary people over the years.
To help people with compassion is its own reward.
I found the book to be a good read.
Cyberpops is probably gonna learn a lesson of his own pretty soon. It may be a hard learned lesson if your past behavior is any indication of what a slow learner you really are. Rail on pops! You're running out of causes to attach yourself to. Sounds like you ought to be dealing with an addiction problem of your own.
The so-called "buzz" against Howard doesn't extend more than two blocks from the courthouse. The self-absorbed "courthouse crowd" is so traditionally out of touch with Broward voters. Remember, the same crowd was certain that arrogant ass Ken Padowitz was a lock to win a circuit seat two years ago, And those same know-it-alls were certain that Terri Ann Miller would never win a seat on the bench (she actually won twice, but was cheated out of her first win over Zack by that court ruling which disqualified her votes).
Howard is a 100% safe bet to win re-election. The condo folks love him. The public in general likes him. And there aren't more than 100 people who have ever heard of Barbara Heyer (or is she going to run as Barbara Heyer Gold?).
Anyone who believes Howard is even vulnerable this year is just clueless.
He's still lamenting the disappearance of Sprinkles. Apparently it was the only new best friend the guy ever had and he's still got issues over it. Move on, would ya?
The only vote Heyer would get is from her husband. There's no super delegates to pull it out of the bag for her. Just a few disgruntled judges. It's really quite laughable when you think about it.
If Heyer ran as Barbara Heyer Gold it might lose her some votes! Is Diaz going to run her campaign for her? That's sure to cause a big dump as voters flock to vote the other way.
CLUELESS = A-TERD
Is the toad trying to make a come-back after the fiasco with the plaque presentation that heralded the departure of Sprinks and his stumble from the position of Bar Pres.? It's any body's guess, but it would be a sure bet if you ask me. Stick to coverage work.
Actually, I think he may apply for the Broward Health General Counsel position now that it is available. I'm sure they are dying for a lawyer that will actually show up for work and provide some accurate and correct guidance on the serious matters affecting the district.
That's a good one. He'd have about as much chance of pulling that one off as he did in becomming bar president.
FINKELSTEIN WILL REMAIN UNOPPOSED TO CONTINUE HIS GOOD WORK. THERE ARE SOME MENTALLY CHALLENGED WOULD BE POLITICIANS IN THIS TOWN BUT NONE SO FULL OF SELF-DECEPTION AS TO THINK THEY CAN UNSEAT HIM.
Far more qualified than Mrs. ADJ was when she got the job. And she was only there for a few weeks before she realized she was over her head and just stopped showing up.
Hate to break it to you Cyberblob, but I live in a condo with over 900 units and there isn't a day where Finkelstein's name does not enter the conversation. His name is constantly
on the lips of all the non connected courthouse click, that means the voters of this county, like no other person. He's done things for people even in my condo. So spew the junk you've become known for all you want, but try to get a grip on reality sometime this century. You are completely out of touch.
Kinda laughable that people think its him posting about Hate All Judges Howie.
Of course it has to be only one person who may have negative feelings about Howie.
Morons.
*|*
You'd have about as much luck hoping the guy would see reality as whopping a pig in the side of the head to wake him up. All he does is whine ... then talk about how it's not him. Whine away ...
If HF gets a challenge, I predict he will get over 80% of the vote.
Let's see.
Fair to say: Howie's name is on the lips of all the non connected courthouse click - like your lips are so firmly planted up in his ass.
Here's a new undercover assignment for Bill (assuming he has time between the self appointed prosecutorial duties, his courthouse courtroom tally and his trials – okay, I guess we can forget that third one) –
Check the actual hours of work performed by the esteemed Howie – it will be easy because he parks on the third floor of the employee lot near the entrance – I know because I would drive by every morning and that spot was always empty. On the subject of parking spots, why doesn’t Howie have a spot in the Judge’s garage? If I was an APD I would prefer him to park in the Judge’s garage – this way he wouldn’t catch me taking all of my smoke breaks.
Speaking of smoke breaks hmmmm…. its just about that time. I bet when I go out there, I will see a big wide open space for Howie to plant his little self in.
- (sprinting foot steps are heard as ‘10:31 poster’ sprints out the door to the garage with a big grin on his face) –
Somebody go tell him I was referring to Howie’s little car and not his other “little stuff.”
- Peace
Nobody will come close to beating HF in an election. They're wasting their time. With that said, the PD's office is overworked and underpaid. What I wanna know is if WSVN Channel 7 has to give any opponents equal time.
another great blog, full of love and warmth... since i was one of the persons who wrote a letter for howard at his reinstatement nad would do it again if necessary let me ask, why all the venom. howard is the most electable and recognizable person in broward, he could run in any election and win, hell we have a congressman who was a former federal judge, im peached, i could see howard in congress. can anyone be more specific as to why so much vitriol against howard or is the old song that we must destroy all our heroes still true....
No. The FCC's equal time rule only applies to federal candidates. Channel 7 would not need to take Howard off the air during the election, nor give the opponent(s) equal time. They may voluntarily do so, but the law doesn't require it.
Well I know of one dumb spic who is running against Help me Howard... some of us just don't think Howard measures up... sorry.