Akerman's Richard Milstein Reflects on a Lifetime of Activism
The Akerman partner and fiduciary litigation attorney has been named as the Florida Bar Foundation's 2019 Medal of Honor recipient for four decades' worth of civil rights and advocacy work.
May 10, 2019 at 03:19 PM
6 minute read
Richard Milstein believes his passion for justice is in his DNA.
It's a strong assertion that could come across as trite if he didn't have four decades' worth of experience and accolades to back it up. Since earning his J.D. from the University of Miami School of Law in 1973, the Akerman partner has tailored his probate practice and pro bono work to serve the needs of Miami's most vulnerable residents, encompassing everyone from the elderly to underprivileged children and the city's LGBTQ community.
Milstein, who is gay, quipped he's been litigating long enough that he remembers “when it wasn't called the LGBT” community.
“I've worked a lot with marginalized individuals, let's put it that way,” he said. “I've worked with the black community for black rights; I worked for the women's community for women's rights; whatever the cause was [that] in my opinion was right for humanity in the sense of equality was what I thought I would do.”
In April, the Florida Bar Foundation awarded Milstein its 2019 Medal of Honor in recognition of his activism. It's the latest accolade in a career that's been chock-full of them. He's previously been awarded the Tobias Simon Pro Bono Service Award, Florida's highest honor for pro bono legal services, and has received acknowledgments from local and national queer activist groups, such as SAVE and the National LGBTQ Task Force.
Milstein said the importance of fighting on behalf of a better world was instilled upon him long before he ever ventured into a courtroom. During his Chicago childhood he was regaled with tales of his maternal grandparents, both of whom were Russian immigrants, and their labor activism.
“I'd hear the stories of how she would go through the picket lines, throw eggs at the scabs and would march,” Milstein said of his “stately” grandmother. One of his earliest memories is working alongside his mother at a voter station in Chicago.
“I remember my father standing near me to hand out little cards [encouraging] voting for Adlai Stevenson,” he said, recalling the Democratic Party's nominee for the 1952 and 1956 presidential elections. After moving to Miami Beach at the age of 10, Milstein came face to face with a city still in the throes of segregation.
“I grew up in a household where people were interested in politics and in a household where I was taught that everyone was equal,” he said. Prior to returning to school to earn his law degree, Milstein channeled his convictions into education as a government and economics teacher at North Miami Senior High School, where he'd “talk about revolution and the right of redress through petition and grievance.”
Milstein gained a reputation as one of the more relatable and approachable teachers at the school. It might be the reason why 200 students eventually came to him with a petition to allow women to wear pants at the school, which had “a very strict dress code.” Milstein helped bring the initiative before the school's administration and Parent Teacher Association, who eventually voted to permit girls and women to wear certain kinds of trousers on campus.
“I think initially it was only on certain days of the week, and then they were allowed to do it all the time,” he said. He also collaborated with students protesting the then-raging Vietnam War.
Milstein continued his social justice-oriented streak upon graduating from law school. Early in his career he honed his skills representing clients during guardianship proceedings, a practice that developed after a judge asked to speak with the young lawyer after a case.
“He called me into his chambers when he was done, and I thought maybe I did something wrong even though he ruled for me,” Milstein said. The judge told him he admired how he had litigated the case and asked if he'd be willing to serve as a court-appointed lawyer more frequently in the future. Noting that single case “led me to my entire new career,” Milstein said he quickly found he preferred “working with people, as compared to corporations.”
“From that point on I worked with task forces to change the guardianship practice statutes,” he said, adding he also advocated for the creation of the Florida Bar's Elder Law Section. “I was appointed a number of times to represent dying AIDS patients who didn't have health care documents, so there were petitions for guardianship or incapacity.”
Milstein recalled one instance where a client suffering from the illness died in his arms while incapacitated in a hospital bed.
“His doctor was there, his boyfriend was there. … The whole idea was to let him know that he would be safe,” he said. Milstein shared he didn't fully understand his own sexual orientation until much later in life, after he'd already been married with a wife and children.
“It wasn't an easy process necessarily,” he said. The attorney found himself grappling with his breakthrough after a particularly productive period that saw him serve as president of the Dade County Bar Association.
“I have to give credit to my ex-wife, who was surprised, anxious, et cetera, but was supportive in the sense of making sure that I never was denied any time with [our] children,” Milstein said. He added his own children are “extremely, extremely supportive” of his relationship with his husband Eric Hankin, as is his longtime firm, Akerman.
“In some instances (the firm) turned down cases where they would be adverse to LGBT issues or other human rights issues, which I found very comforting,” he said. He attributed his success in the field partly to “the collegial atmosphere” that pervades Akerman's internal culture as well as its client relations.
“I think clients understand that we care about them,” Milstein said. Even at his age, and in the face of a social climate that's caused him to watch the news a lot less and “curse a lot more,” he remains committed to caring for his fellow man as much as humanly possible.
“I've always been an activist,” Milstein said, noting Akerman is “supportive of my pro bono … and my LGBT activism.”
“When I became a lawyer, I determined to do what I felt was right. And I continued that path.”
Richard Milstein
Born: July, 1946, Bronx, New York
Spouse: Eric Hankin
Children: Brian Milstein, Rachel Sondheimer (grandchildren Sasha and Simon Sondheimer)
Education: University of Miami School of Law, J.D., 1973; University of Miami, A.B., 1968, cum laude; Miami Dade Community College, A.A., 1966, with honors
Experience: Partner, Akerman; Partner, Tescher & Milstein, 1987-1990; Partner, Milstein & Wayne, 1983-1987; Partner, August, Pohlig & Milstein, 1974-1983
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