Daniel Adam Kirschner | West Palm Beach Personal Injury Lawyer
Daniel Adam Kirschner
Accident & Injury, Business, Intellectual Property, Lawsuit & Dispute
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- Reviews Pro Bono Cases✓
Daniel A. Kirschner is Of Counsel to Pike & Lustig, LLP and is a member of the firm’s Business Litigation practice and Personal Injury practice. Daniel’s practice involves litigating complex tort and business litigation cases, including the defense of large, medium and small businesses in premises liability, negligent security claims, and employment litigation. Daniel represented numerous insurance companies in declaratory actions and first party claims. Daniel’s commercial litigation practice involves complex business disputes, including matters involving claims of breach of contract, breach of fiduciary obligations and claims of fraud. Daniel has been on both the plaintiff side and defense side of the aforementioned matters, so he has knowledge of how to best litigate the issue at hand having been on both sides of the table.
Daniel has substantial experience in representing hotel and casino properties, and handling various matters that must be addressed by those businesses on an ongoing basis. Daniel represented the Seminole Tribe of Florida in connection with over one hundred cases over the course of six years that were filed in State and Federal court. Daniel also handled an appeal that directly affected the rights of the Seminole Tribe of Florida in connection with the waiver of sovereign immunity and the intent of the Compact between the State of Florida and the Seminole Tribe of Florida, throughout the State of Florida in. Daniel also represented Hard Rock International. In connection with the daily business operations of hotels and casinos.
Daniel counsels clients in connection with the applicability of state and federal laws to their overall business practices. Daniel assisted in the development of internal business policies and procedures for the Seminole Tribe of Florida’s seven casinos, which includes two hotels, in the State of Florida, formulated a training module for casino security officers, drafted litigation hold memorandums, prepared and conducted training on preservation of evidence, and drafted policies and procedures related to use of restrooms by transgender employees and patrons. Additionally, Daniel drafted policies and procedures that were implemented company-wide by Hard Rock International, which have now been implemented in the vast network of properties nationwide and internationally owned and/or operated by Hard Rock International.
While attending the University of Central Florida, Daniel worked as an intern for the Orlando Magic basketball team. During his time with the Magic, Daniel worked in the flight department, managing the team’s travel and flight logistics. While in law school, Daniel served as a judicial intern for the Honorable Robin S. Rosenbaum, United States District Court for the Southern District of Florida. Judge Rosenbaum is now a judge on the 11th Circuit Court of Appeals.
Daniel has also received the accolade of “Rising Star” by Super Lawyers magazine.
Daniel resides in Boca Raton with his wife and two children.
Lawyer.com Member Questionnaire
Please describe a case(s) in the last year or two where you made a big difference.
In July of last year I represented the Seminole Tribe of Florida in a lawsuit which ultimately went to the 4th District Court of Appeal after the trial court denied the Motion to Dismiss for Lack of Subject Matter Jurisdiction I filed in response to a lawsuit filed by a patron of the Tribe’s casino that claims she was injured at Seminole Hard Rock Hotel & Casino - Hollywood. I drafted the appeal and the 4th District Court of Appeal overturned the trial court’s ruling and dismissed the case with prejudice.
This decision was significant, as other Indian Tribe’s in the nation may face this issue in the future and can now rely on the opinion in this matter in protecting other Tribe’s sovereign immunity. The case is Seminole Tribe of Florida v. Delores Schinneller, 197 So.3d 1216 (Fla. 4th DCA 2016). Link to opinion is: http://www.4dca.org/opinions/July%202016/07-27-16/4D15-1704.op.pdf
After the appellate court issued its opinion I was contacted by a national legal publication, Law 360, and an article was written about the results I was able to achieve. I was quoted in the article and it was published in a national publication. The link to the article is: https://www.law360.com/articles/823033/fla-appeals-court-says-tribe-was-immune-between-compacts
How did you build a successful practice?
I was able to build a successful practice by achieving results for my clients in an efficient manner, by thinking outside the box when litigating, by developing relationships with my clients and earning their trust. I also work day and night for my clients, as I do not stop until my client’s receive the best possible outcome given the situation at hand. Clients also appreciate my understanding of their businesses, culture, and my goal of saving clients fees and costs when defending clients, as well as, recovering personal injury clients damages which exceed their expectations. If a client retains me, they are able to reach me 24/7 and deal directly with me. I do not treat my clients as a number, rather, I treat all clients as though they are part of my family.
What should clients look for in a lawyer?
Clients should look for an attorney who is honest, ethical, a hard worker, one who thinks outside the box, and who is straightforward with their thoughts regarding the legal issue at hand. I always tell my clients what I think of their case from the moment I meet them and let them know upfront the pros and cons of their case. My clients are never surprised by the outcome of their case as I let them know from the beginning how I view the case and ensure that their expectations are in line with how I view the matter.
How important is local knowledge to the success of your cases?
Local knowledge is extremely important. I have litigated hundreds of cases in front of the Judges in Palm Beach County, Broward County, Hillsborough County, and other areas. The Judge know who I am and respect me. They know I am prepared when I appear in front of them and do not waste the court’s time on issues that could be resolved with opposing counsel. Also, I have litigated against many lawyers in the area and have developed relationships with said lawyers. By knowing the lawyer on the other side it is helpful as often times we are able to resolve disputes over legal issues, streamline cases, and have knowledge of how the other side handles their cases. This is beneficial as I can many times dictate what opposing counsel’s strategy is and use same to help my client achieve the best result possible.
What information can you provide in a free phone consultation?
I am able to provide initial thoughts on whether the case has value or is defensible. As I only have limited knowledge of the case during the initial call I can guarantee anything, but I can give the potential client an idea of the pros and cons of their case and how I would handle their case should I be retained.
What differentiates you from other lawyers in your community?
My honesty, hard work, efforts to try to save my clients fees and costs while achieving best result possible and personal approach to matters. My clients are able to contact me 24/7 and are always aware of the status of their matter.
What is the most rewarding aspect of your job?
Helping people who have been injured as a result of someone else’s negligence or defeating a frivolous lawsuit filed against my client. In the end, nothing makes me happier than helping a client resolve an issue, as litigation is stressful and I enjoy helping people find solutions where others do not think outside of the box.
|Attorney||Pike & Lustig, LLP||West Palm Beach, FL||Present|
|Attorney||Cole, Scott & Kissane, PA||Miami, FL||2010 - 2017|
|Attorney||GrayRobinson||Melbourne, FL||10/2013 - 09/2016|
|St. Thomas University School of Law||J.D.||Law School||N/A|
|University of Central Florida||B.S.||Legal Studies/Public Administration||N/A|
|State / Court||Date|
- United States District Court for the Southern District of Florida (2012)
United States District Court for the Middle District of Florida (2013)
United States District Court for the Northern District of Florida (2013)
United States Court of Appeals for the Eleventh Circuit (2013)
Honors & Awards
- Accolade | Rising Star | Super Lawyers
Daniel Kirschner has been a Premium Member since June 08, 2017.
Lawyers with longer memberships tend to have more experience so we use the Membership date to help prioritize lawyer listings on search pages.
|Verified Credentials||Date Verified|
|(2010) Licensed as Attorney in Florida. Verified with State Bar of Florida.||June 08, 2017|
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Fla. Appeals Court Says Tribe Was Immune Between Compacts(2017-06-16 10:30:59)
A Florida appeals court has found that the Seminole Tribe of Florida is immune from a slip and fall lawsuit filed by a woman who fell in a casino bathroom, saying the tribe wasn't subject to a sovereign immunity waiver at the time of the incident because it was between gaming compacts.
FL State Lawyer Additional Information: Young Lawyers Division: Members Firm Size: 2 to 5
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2465 Mercer Ave
West Palm Beach, FL 33401
777 Brickell Avenue, Suite 500
Miami, FL 33131
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