- Practice Commenced: 1993
- Total Mediations (as of Apr 2021): 750
Brian Spector has been a lawyer since 1978. Â He presently concentrates on alternative dispute resolution, principally mediating complex matters. Brian is a member of The Florida Circuit-Civil Mediator Society (http://www.floridamediators.org) and The National Academy of Distinguished Neutrals (http://www.nadn.org).
For 28 years Brian practiced with the Kenny Nachwalter law firm, a Miami-based commercial litigation boutique. His practice focused on complex business litigation, intellectual property litigation, legal ethics, professional responsibility, legal malpractice, accountant liability, securities litigation, and securities arbitration.Â
Starting in the early 1990's he also began mediating matters in these substantive areas and others, including class actions, construction, employment, real estate, and a wide variety of business disputes. Â While actively engaged in the practice of law, he was certified for 10 years by The Florida Bar in Business Litigation, having been a member of the inaugural Business Litigation Certification Committee.
Brian earned his undergraduate degree (cum laude) at Syracuse University and his J.D. (magna cum laude) at the University of Miami School of Law. Â After law school he clerked for Senior U.S. Circuit Judge Bryan (â€œCowboyâ€) Simpson on the â€œoldâ€ U.S. Court of Appeals for the 5th Circuit.
Brian has been recognized in: â€œThe Best Lawyers In Americaâ€ in the areas of Business and Commercial Litigation, Alternative Dispute Resolution, and Legal Malpractice Law; Florida Trendâ€™s Florida Legal Elite 2007 in the Mediators category; and the 2006 inaugural edition of Florida Super Lawyers as among the Top 100 lawyers in Florida. Â Brian has served as an adjunct professor at the University of Miami School of Law and the Florida International University College of Law. He has taught courses in Remedies, Professional Responsibility, Professional Liability, and Corporate Crimes. He has served as a court appointed receiver and special master, as well as an arbitrator for the American Arbitration Association and the National Association of Securities Dealers (now known as the Financial Industry Regulatory Authority).
- Banking & Finance
- Business Dissolution
- Civil Rights
- Class Actions
- Consumer Fraud
- Contract Disputes
- Family Businesses
- Health Care
- Intellectual Property
- Land Use/Planning
- Legal Malpractice
- Libel & Slander
- Local Govt./Municipalities
- Mortgage Foreclosure
- Product Liability
- Professional Fees
- Professional Liability
- Professional Malpractice
- Professional Negligence
- Real Estate
- Sexual Harassment
- Shareholder Disputes
- Trusts / Estates
- Unfair Competition
Coral Gables, Florida
Juris Doctor (Magna Cum Laude), May 1978
Syracuse, New York
B.A. in Political Science (Cum Laude), December 1974
Memberships & Affiliations
- AMERICAN LAW INSTITUTE, 2002
- THE BEST LAWYERS IN AMERICA (Steven Naife and Gregory White Smith eds.)
- Business Litigation (1999-2006)- Commercial Litigation (2007-2008)- Legal Malpractice Law (2006-2008)- Alternative Dispute Resolution (2006-2014)- Bankruptcy and Creditor Debtor Rights/Insolvency & Reorganization Law (2014)
- FLORIDA SUPER LAWYERS 2006-2014Â
(Alternative Dispute Resolution; Professional Liability - Defense, selected as among the Top 100 Florida Super Lawyers in the 2006 edition)
- FLORIDA TREND S FLORIDA LEGAL ELITE 2007 - Mediators, 2008-Arbitration & Mediation
All mediations are conducted on a flat fee basis. The amount of the flat fee is determined by: (a) the number of mediation participants (parties, party representatives, lawyers, insurance claims professionals, and other participating stakeholders), (b) the legal and/or factual complexity of the matter, and (c) the location of the mediation. The flat fee covers travel time as well as any/all related out-of-pocket expenses (travel, lodging, meals, etc.).
For the flat fee, I will prepare for and conduct a one-day mediation not to exceed twelve hours in duration. My preparation includes: (1) shortly after retention, having a conference call with all counsel to discuss preparations for (e.g. exchange of information and “position papers”) and the structure of the mediation to maximize the possibility of a mediated settlement, (2) having separate calls with counsel shortly before the mediation, and (3) reading the materials and mediation statements furnished by counsel. I also commit to making myself reasonably available to continue my efforts after the day of the mediation by email and telephone.
Flat fee mediations also include those mediations requiring more than one session, with a commensurately higher flat fee.