Howard M. Talenfeld

Florida Child Advocate Blog -

Howard Talenfeld, shareholder in the firm since 1982, focuses his practice on protecting the rights of vulnerable individuals in civil rights cases, personal injury cases and systemic reform litigation. He has litigated cases that have resulted in multi-million dollar settlements and jury verdicts that changed how governmental and private institutions care for children and the elderly. Mr. Talenfeld is also experienced in litigating complex commercial and class action cases in state and federal courts.

In the late ‘80s and early ‘90s, Mr. Talenfeld represented the state of Florida in its major class-action law suits dealing with the foster care system, children’s mental health system, juvenile justice system, state psychiatric hospitals and the provision of Medicaid services to the developmentally disabled, among others. Nationally, he pioneered defending these cases by advocating for the improvement and reform of human service systems, while protecting states’ rights and avoiding federal over-sight. He has represented governors, secretaries of state, state agencies, Florida’s Insurance Commissioner, the Florida Legislature and Florida’s Auditor General in civil rights cases in federal and state court.

His successes in the areas of children’s and elderly rights have garnered Mr. Talenfeld his greatest personal accomplishments. In 1996, he was appointed to the Board of Directors of the Youth Law Center, a national children’s advocacy group. He helped the organization develop into a viable entity that assist at-risk youth and teens. Continuing that path, he began an effort to coordinate a statewide organization of child advocates who would help Florida’s at-risk children. In 2002, he became the founding President of Florida’s Children First! (FCF). Comprised of advocates from throughout the state of Florida, FCF works through multi-forum advocacy before the executive branch, the Florida Legislature and the Florida Courts to protect children who are at risk in foster care and in the delinquency system in Florida. Mr. Talenfeld was instrumental in the passage of landmark legislation in Florida, including the Foster Children Bill of Rights, Florida’s pilot project on representation of foster children in Dependency Court, and Florida’s breakthrough interagency education bill for foster children.

Mr. Talenfeld’s litigation successes have utilized creative legal approaches to achieve extraordinary results. In 1998, he served as lead counsel in the Broward County foster care class action, Ward v. Kearney. The resulting settlement agreement greatly improved child welfare practice and more than tripled the District 10 budget for its child welfare system from $38 million to more than $100 million. In 1999, he achieved another major victory, this time for the Florida’s developmentally disabled population in Baumstein v. Sunrise Community, Inc. 738 So. 2d 420, (Fla. 3DCA 1999). The case established the existence of a private cause of action for damages for the violation of Florida’s Bill of Rights for the developmentally disabled. He also was the first attorney in Florida to utilize 42 USC § 1983, the federal civil rights damage statute, to recover a damage award in excess of Florida’s sovereign immunity limit of $100,000 on behalf of a foster child. In the 2002 case, Roe v. Florida Department of Children & Family Services, 176 F. Supp. 2d 1310 (S.D. Fla. 2001), Mr. Talenfeld negotiated a landmark $5 million settlement and focused the nation’s attention on the case in an episode of ABC’s 20/20.

Beyond his courtroom successes, Mr. Talenfeld has been a forceful advocate for change. He has argued for systemic reform litigation before many state and national groups, including the U.S. Congress, the National Association of State Mental Health Lawyers, the American Public Welfare Association and many Florida legislative committees.

Mr. Talenfeld is a member of the American Bar Association, the Association of Trial Lawyers of America, and the National Association of Council for Children. He previously chaired the Litigation/Class Action Committee and was a representative for the State of Florida to the National Association of Mental Health Attorneys (1993). Mr. Talenfeld has received numerous awards, including the Florida Bar President's 2006 Pro Bono Service Award for the 17th Judicial Circuit in and for Broward County, Florida. He currently is AV-rated by Martindale-Hubbell.

Among other memberships, Mr. Talenfeld chairs the Broward Days Children's Issues Team (2000-present), was a Director of Florida's Voice of the Mentally Retarded and sat on the Steering Committee for Citizens for Broward's Children in 2000. He was also former Director with the Youth Law Center in San Francisco, CA. Among civic organizations, he was former President and Director of the Cypress Head Club Inc.; and is on the City of Parkland Board of Adjustment and Planning and Zoning Board, which he chaired for many years. He served on the Board of Trustees and chaired the Campaign Committee of Temple Kol Tikvah, was a Board Member of Hurricane Relief for Miami Foster Kids Inc., served as a Big Brother, and has coached various sports teams, including soccer, baseball and softball.

Mr. Talenfeld received his bachelors of business administration degree from University of Miami School of Business, and his Juris Doctorate from University of Miami School of Law, cum laude.