Richard G. Lubin, P.A. - Defense Team



Richard G. Lubin

Richard G. Lubin

Richard G. Lubin graduated from Boston University in 1970. He served as president of the 30,000 member student body during the 1969-1970 school year. He graduated from Georgetown Law School in 1974 and has practiced criminal defense law in Palm Beach County since then.

Richard has been a fellow of the American Board of Criminal Lawyers since 1989. In 1999- 2001, he was its president. He has been a member of the National Association of Criminal Defense Lawyers since 1983 and served on the Board of Directors from 1989 to 1994. Richard has served as chairman of the National Association of Criminal Defense Lawyers' Continuing Legal Education Committee and Lawyers Assistance Strike Force. For many years, he served on the faculty of the National Criminal Defense College which teaches trial skills to criminal lawyers. Richard has also served on the Board of Directors of the Florida Association of Criminal Defense Lawyers and as President of the Palm Beach Association of Criminal Defense Lawyers. He served as chairman of the Palm Beach County Criminal Justice Commission in 2000 and 2001 and as President of the Palm Beach County Legal Aid Society for 13 years. Additionally, he has served on the Florida Bar Grievance Committee, the Palm Beach County Judicial Nominating Commission and on the United States Magistrate Judge Selection and Retention Panel for the Southern District of Florida.

Richard has successfully defended clients throughout the country. His practice includes charges ranging from complex white collar defense such as healthcare fraud, honest services fraud, mail and wire fraud, securities fraud, income tax fraud, RICO, money laundering and conspiracy, to homicide (including death penalty cases), narcotics violations, traffic homicide cases such as DUI manslaughter, and sex offenses. He is known for having an expertise in the defense of professionals such as doctors, lawyers, corporate executives, professional athletes and educators. Although many of his cases are "high profile," most are not.

Richard is a pioneer in the effective use of trial consultants and the use of focus groups. He has a reputation for being particularly tenacious in his investigations and trial preparation. Observers have routinely commented on his cross examinations, closing arguments and his refusal to never-give-up attitude. His success as a defense lawyer has led to regular requests for Richard to teach defense lawyers throughout the country. He has lectured on numerous topics including voir dire, voir dire in death penalty cases, opening statement, direct examination, cross examination, cross examination of expert witnesses, effective use of expert witnesses, defense of cases involving co-defendant or confidential informant testimony, cross examination of medical examiners, cross examination of government agents at detention hearings, attorney's fees in criminal cases, the defense of entrapment cases, insanity defense cases, closing argument, communication in the courtroom, theories and themes, as well as the defense of "high profile" cases.

Richard believes strongly in the team approach to the defense of criminal cases. All of the lawyers in the Firm work with him on each of the Firm's cases. The attorneys in the Firm were hand picked by Richard because of their particular expertise as part of the team.

Recognitions

  • Top Lawyer – The South Florida Legal Guide (2015)
  • Best Lawyers in America – Criminal Defense – Florida Lawyer of the Year (2015)
  • Best Lawyers in America – Criminal Defense: Non-White Collar – 21st Edition
  • Best Lawyers in America – Criminal Defense: White Collar – 21st Edition
  • Florida Super Lawyers – Criminal Defense (2014)
  • AV Appellate Rated, Martindale-Hubbell (2014)
  • U.S. News & Best Lawyers™ – 2011-2012 "Best Law Firms" Rankings (Criminal Defense: Non-White Collar, White-Collar – Governmental Investigations, and White-Collar – Litigation)
  • Top Lawyers: Class of 2011, South Florida Legal Guide (Midyear 2011)
  • AV Preeminent Rated for 25 Years, Martindale-Hubbell (1986-2011)
  • Top 100 Trial Lawyer, The National Trial Lawyers (2007 – 2012)
  • Best Lawyers in America for 20 Years (1991 to 2011)
  • Florida Super Lawyers – Criminal Defense (2011-2012)
  • Biltmore's Who's Who – 2010-2011
  • Bar Register of Preeminent Lawyers 2010 (Peer Review Ratings), Martindale-Hubbell
  • South Florida's Top Lawyers 2010 – Criminal Law (Miami Herald October 2009)
  • Florida Best Lawyers 2009 – Criminal Defense-White Collar (Florida Monthly July 2009)
  • Top Lawyers 2009, Corporate Counsel (June 2009)
  • Most Effective Lawyers 2008 – Criminal Justice, Daily Business Review (December 5, 2008)
  • "Best of Reasonable Doubt," Daily Business Review (December 5, 2008)
  • National Directory of Criminal Lawyers
  • "Best of Defending the High Profile Case 2005," Daily Business Review (December 7, 2005)
  • Florida Top Lawyers – Criminal Law, Florida Monthly (July 2005)
  • Top Lawyer 2005 – Criminal Defense, South Florida Legal Guide
  • "Best of Business 2001," Daily Business Review (December 14, 2001)
  • South Florida Legal Guide (First Annual Edition) – The List of South Florida's Top Lawyers – Criminal Defense (January 2001

Affiliations & Service:

  • Board Member, Homeless Coalition of Palm Beach County;
  • Current Member of Legal Aid Society Board of Trustees (2002 to present);
  • Past President (1999) and Fellow (1989 to present), American Board of Criminal Lawyers;
  • Past President and Member, Palm Beach Association of Criminal Defense Lawyers;
  • Past President (13 years) and Member of Board of Directors, Legal Aid Society of Palm Beach County;
  • Chairman (2000 & 2001) and Member (1997 to present), Criminal Justice Commission of Palm Beach County;
  • Past Chairman, Judicial Nominating Commission (Palm Beach County, Florida);
  • Past Member, United States District Court (Southern District of Florida), Magistrate Judge Selection Panel and Magistrate Judge Merit Retention Panel;
  • Member of Board, Federal Bar Association (Palm Beach County Chapter);
  • Past Member of Defense Function Committee, American Bar Association;
  • Member of The American Trial Lawyers Association, 2014 Top 100 Trial Lawyers;
  • Past Member of Criminal Rules Committee and Past Member of Grievance Committee 15B, The Florida Bar;
  • Past Member of Board of Directors, Past Co-Chairman of Public Relations Task Force, Member 8300 Task Force, Past Co-Chairman of Lawyers Assistance Strike Force, Past Co-Chairman of CLE Committee, Past Chairman of Brief Bank Committee, Past Chairman of Speakers Bureau Committee, National Association of Criminal Defense Lawyers;
  • Past Member of Board of Directors, Past Co-Chairman of Membership Committee, Past Co-Chairman of Lawyers Assistance Strike Force, Florida Association of Criminal Defense Lawyers;
  • Past Chairman of Circuit Court Criminal Practice Committee, Past Chairman of Circuit Court Advisory Committee, Past Member of Correctional Evaluation Committee and Past Chairman of Criminal Law CLE Committee, Palm Beach County Bar Association; and Former Faculty Member, National Criminal Defense College.

Bar Admissions:

  • The Florida Bar 1974 (Board Certified in Criminal Trial Law);
  • United States District Court (Southern, Middle, Northern Districts of Florida, Western District of Texas and Eastern District of Michigan) and Florida Supreme Court;
  • United States Court of Appeals, Fifth and Eleventh Circuits;
  • United States Supreme Court.

Newspaper and Magazine Profiles:

Publications:

  • "Jury Selection in Florida," Criminal Trial Practice in Florida for The Florida Bar

Guest Lectures:

  • In May 2014, Richard was invited to give a speech on the topic of cross examination at the CFACDL Federal Practice Seminar in Orlando, Florida;
  • Closing Argument;
  • Opening Statement;
  • Psychological Autopsies;
  • The War on Lawyers (Grand Jury Subpoenas; etc.);
  • Defense of Child Sexual Abuse Cases;
  • Voir Dire;
  • Voir Dire in Capital Cases;
  • Defense of Homicide Cases;
  • Cross-Examination of Medical Examiners;
  • Defense of Cases Involving Co-Defendant or Confidential Informant Testimony;
  • Defense of DUI Cases;
  • Attorney Fees in Criminal Cases;
  • Entrapment;
  • Direct Examination of the Mental Health Expert;
  • Communication in the Courtroom;
  • Cross-Examination of Psychological Expert in Child Sexual Abuse Cases;
  • Effective Use of Expert Witnesses;
  • Cross Examination and Direct Examination.
Steven H. Malone

Steven H. Malone (Of Counsel)

Steven H. Malone graduated from the University of Central Florida in 1977 with a B.A. in Psychology, and earned his J.D. from the Florida State University College of Law in 1980. He graduated from law school in the top 10% of his class, and received the Book Award for Constitutional Law. After graduation, Steve was inducted into the Order of the Coif, an honorary legal fraternity based on high academic achievement and community service.

Steve has extensive criminal and civil litigation experience in the state and federal courts, including the United States Supreme Court. He has handled well over 100 appeals.

On the criminal litigation side, Steve's career has taken him through some of the most complex cases the law offers. He was a charter attorney and regional supervisor for the Office of the Capital Collateral Representative, representing many death-sentenced inmates in their post-conviction cases through state and federal habeas corpus proceedings. In 1986 he moved to the Public Defender's Office in Palm Beach County, where he represented people accused or convicted of crimes in both capital and non-capital jury trials and appeals. He was also a supervisor in that office, assisting attorneys with their trials, before returning to private practice in 2005.

Steve is a program attorney with the Mexican Capital Legal Assistance Program. In that capacity he works together with Mexican Consulates throughout the Southeast monitoring and assisting lawyers who represent Mexican nationals who face the death penalty. He continues to handle criminal cases at the trial, appellate and post-conviction levels in state and federal court.

Steve's experience in civil litigation is wide-ranging. He represents the American Federation of State, County and Municipal Employees, Council 79, and affiliated unions, in arbitrations over employee discipline. He also represents the Florida Association of State Troopers in employee discipline and criminal defense matters. Steve has litigated civil rights, employment and housing discrimination cases, including class actions, as well as cases involving defamation and First Amendment issues in the courts, and other matters in administrative proceedings. In the Eleventh Circuit, he briefed and argued the lead case in the United States holding that a person with a contagious disease (such as TB or HIV/AIDS) cannot be discriminated against in their employment because of that disability. He was on the brief when the United States Supreme Court upheld that decision, in the landmark case of School Board of Nassau County v. Arline.

Steve is integrally involved in the firm's pretrial motion practice, appellate practice, and preparation and participation in the trial of its complex cases.

Recognitions

Steve has received a number of honors and awards. In 2011, he was honored with the "Sisyphus Award" for his successes in over 100 death penalty cases by the Mexican Capital Legal Assistance Program. He previously received the Craig S. Barnard Award for "Outstanding Achievements in Capital Litigation" in 1992 from the Palm Beach Association of Criminal Defense Lawyers. He is the recipient of several public service awards. In 2000, he received The Florida Bar Young Lawyers Division's Legal Aid Public Service Award. He received an award for Advocacy for the Homeless from the Legal Aid Society of Palm Beach County in 1999, and the Edna Hibel Café Joshua Award for that work in 2002.

Steve founded the Café Joshua Legal Clinic in 1996, and since that time has met at the Café weekly with recently homeless people, assisting them with their legal problems. He is past president of The Lord's Place, a nonprofit organization devoted to restoring dignity and self esteem to homeless people, and continues to serve there on the Board of Directors.

Bar Memberships

  • The Florida Bar (1980); United States Supreme Court
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Courts for the Northern, Middle and Southern Districts of Florida.

Book Mentions

  • Dead Wrong: A Death Row Lawyer Speaks Out Against Capital Punishment, by Michael Mello (1997)
  • Deathwork: Defending the Condemned, by Michael Mello (2002)
  • Among the Lowest of the Dead: The Culture of Capital Punishment, by Dave Von Drehle (2005 rev.)

Newspaper

  • "Defender's Office Losing Rights Expert," by Susan Spencer-Wendel, Staff Writer: March 4, 2005, The Palm Beach Post, pg. 3C