Gene Moss, senior partner of Moss, Rafuse & Rosati, sits at his desk between a mound of paperwork, boxes of files and not a computer in sight. And after 32 years, that’s the way he likes it. “I’m computer illiterate, but I have a lot of good help. I’m the only person in the firm who is not computer literate and it’s going to stay that way. Anybody that knows me, knows this is how I am. They joke about it at the courthouse. The volume of this office is amazing. It is organized and I know where everything is. I never throw anything away until I’ve gone over it. The secretaries best not touch my desk,” he growls with a smile.
WHEN WAS THE
FIRM STARTED?
He and Charles Mitchell Jr., currently a Circuit Court senior judge, opened the firm in 1970. “He was with me for eight years before he took the bench.” Originally, Moss & Mitchell, the firm has undergone several name changes, but he’s always had one lawyer and included them in the firm name, with his name first. “It was always my firm. It was never a partnership since Mitchell left.”
WHAT TYPE OF LAW DO YOU PRACTICE?
“Our first love is criminal law, both state and federal, but primarily state. That is why we are at the front door of the county courthouse. We had over 150 DUIs last year for example. The felonies include capital sexual battery and custodial sexual battery.”
TIMES ARE CHANGING
Currently, Otto Rafuse and Anthony Rosati work in the office. “I took them both out of the Public Defender’s Office and they are both very hard workers.” He also has two legal secretaries, Betty York and Diane Ray.
WHAT DOES MOSS DO?
He interviews the clients and assigns the cases to either himself, Rafuse or Rosati.
LOCATION
He has been located across from the Duval County Courthouse for the last 32 years and said he will not move his office until the courthouse moves. “The only reason I have never moved is because when you have a trial practice, you need to be able to walk across the street to the courthouse.”
MAKING THE SWITCH
Moss spent four years at the State Attorney’s Office. “I enjoyed it, but I had three kids and I had to put them through school.”
WHAT IS HIS
DEFENSE STRATEGY?
“I have no problem making the State prove their case, but where I draw the line is, I’m not going to let my client tell me he did it and then take the stand and say he didn’t do it. I caution them up front that what they tell me, they are stuck with. For a lot of the cases, I tell them to not tell me because I do not want to know. Many times you try a case and never put the defendant on the stand because they can’t afford to open their mouth. The majority of the cases are damage control and I feel good doing that. I like to keep somebody from being clobbered. You made a mistake and you violated the law, but do you have to pay a horrendous penalty for it?”
CASE LOAD
The firm has about 10 -12 active cases on any given day.
WHO ARE the CLIENTS?
Builders, automobile dealers, restaurant owners and bar owners. Many of his clients are repeat clients or are referrals from various sources, including other attorneys. He has a small advertisement in the phone book, but says he doesn’t need to advertise. Many of his clients are third generations of the same families he has helped in the past. “Once you’ve built a clientele over the years and you’ve done a good job, you don’t need to anymore. I have more than I can handle.”
PERSONAL SERVICE?
If a client calls his office and the office is closed, the message gives the clients his home phone number. “I live in Marsh Landing at the beach and I am a member of Marsh Landing Country Club and Hidden Hills Country Club. Members of both clubs carry my card with my home number. Why would they do that? If they have a drink or two and get pulled over, wouldn’t it be nice to have somebody to call to get them out of there?”
IS HE PLANNING ON EXPANDING THE FIRM?
That’s up to his partners when he retires. “I’m now 64 and I would like to spend more time traveling with my family. My goal would be to start having some time to do some of the things that I’ve wanted to do all my life and haven’t had time to do.”
DO YOU ENCOURAGE PROFESSIONAL INVOLVEMENT?
“Yes. I think it’s important to share ideas with other lawyers. When you are sitting around with other lawyers, you talk about your cases and get referrals that way.”
CIVIC INVOLVEMENT
Through the years he has been involved in pro bono work. He still does pro bono work and contributes to Legal Aid Association.
— by Michele Newbern Gillis