Attorney Randall Burks is a Senior Associate of the firm. Prior to joining Bresky Law, Burks was a sole practitioner in appeals and litigation support and served as an appellate lawyer for two of the largest government agencies in Florida. He has independently handled numerous civil, commercial, and administrative appeals, in every appellate court in Florida including the Florida Supreme Court and the United States Court of Appeals for the Eleventh Circuit. He has extensive experience with the appellate process and procedural rules and also has significant experience in trial-level litigation support.
Burks received his law degree magna cum laude from the Shepard Broad College of Law at Nova Southeastern University, where he served on the Law Review and the Moot Court Honor Society and received awards for the highest achievement in eight courses. A former teacher, he also holds a master’s degree in educational leadership and a Ph.D. in educational administration and was an adjunct professor of education law at the graduate level. He has been a licensed attorney in Florida since 2002.
Practice Areas
- Appellate Law – state and federal civil appeals
- Litigation Support – state and federal cases
- Appellate Mediation
Bar Admissions
- The Florida Bar, 2002
- Supreme Court of the United States
- Supreme Court of Florida and all Florida courts
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Armed Forces
- U.S. Court of Appeals for Veterans Claims
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
- United States Tax Court
Certifications
- Florida Supreme Court Certified Appellate Mediator
- Florida Supreme Court Certified Circuit Civil Mediator
- Florida Supreme Court Certified Family Law Mediator
- Florida Supreme Court Certified County Court Mediator
Legal Experience
- Appellate Attorney, Bresky Law, 2012-present
- Appellate attorney in private law practice, 2009-2012
- Appellate attorney and administrative law practice as a consulting lawyer for government agencies in Palm Beach and Miami-Dade Counties, 2002-2011
- Law Clerk for a government agency, 1999-2002
Education
- University of Nebraska-Lincoln, Doctor of Philosophy, 2004
- Nova Southeastern University, Juris Doctor, 2001
- Florida Atlantic University, Master of Education, 1998
- Southern College, Bachelor of Arts, 1990
Professional Memberships
- Appellate Practice and Advocacy Section of The Florida Bar
- Alternative Dispute Resolution Section of The Florida Bar
- Legal Writing Institute
Community Support and Involvement
- Legal Aid Society of Palm Beach County – Volunteer Attorney
Awards & Recognitions
- Graduated in the top 5% of the law school class.
- Received “book awards” for achieving the highest “A” grade in eight courses in law school, including Legal Research & Writing, Trial Advocacy, and Civil Procedure.
- Inducted into Sigma Delta Pi (the National Collegiate Hispanic Honor Society) for achievement in Spanish language and literature at Florida Atlantic University.
Authored Publications
- “A Look at The Lawsuits Challenging Florida’s Mask Mandates,” Law360 | Daily Business Review, July 28, 2020.
- “Objections Necessary to Protect the Record During the Coronavirus Crisis” Law.com | Daily Business Review, March 25, 2020.
- “High Court: Discrimination ‘Because of Sex’ Under Title VII Encompasses Sexual Orientation, Transgender Status,” Law.com | Daily Business Review, June 16, 2020.
- What If You’re Not Sure Whether an Order Is Final and Appealable? Attorney at Law Magazine, South Florida ed., Vol. 8, No. 1.
- “Amendments to Florida Rules of Appellate Procedure Took Effect January 1, 2019,” Attorney at Law Magazine, Miami ed., Vol. 8, No. 1.
- “Pitfalls to Avoid: Attorney’s Fees Under Rule 9.100,” Attorney at Law Magazine, Miami ed., Vol. 7, No. 2.
- “Pass-Through Jurisdiction: Potential Fast Track to Highest Appellate Review,” Attorney at Law Magazine South Florida ed., Vol. 7 No. 2.
- “Review on Motion: An Appeal Within an Appeal,” Attorney at Law Magazine, South Florida ed., Vol. 7, No. 1.
- “Reining in the Tipsy Coachman: Purpose and Limitations of the Doctrine,” Attorney at Law Magazine, South Florida ed., Vol. 6, No. 4.
- “Florida Supreme Court Declines to Adopt Daubert Standard for Expert Evidence, But Questions Remain,” Attorney at Law Magazine South Florida ed., Vol. 6 No. 3.
- “Florida Supreme Court Rejects Third-Party Beneficiary Theory of Enforcing Arbitration Clauses,” Attorney at Law Magazine, South Florida ed., Vol. 6, No. 2.
- “Florida Supreme Court Clarifies Standard for Second-Tier Certiorari Review,” Attorney at Law Magazine, South Florida ed., Vol. 5, No. 3.
- “The Reply Brief: The Appellant’s Opportunity to Have the Last Word,” Attorney at Law Magazine, South Florida ed., Vol. 5, No. 2.
- “Appellate Jurisdiction and Scope of Review,” Attorney at Law Magazine, South Florida ed., Vol. 5, No. 1.
- “Invited Error: An Argument for Appellees,” Attorney at Law Magazine, South Florida ed., 4, No. 5.
- “The Fundamental Error Exception to the Preservation-of-Error Rule,” Attorney at Law Magazine, South Florida ed., Vol. 4, No. 4.
- “Florida Supreme Court Resolves Conflicts Over Apportionment in Settlement Proposals,” Attorney at Law Magazine, South Florida ed., Vol. 4, No. 3.
- “Florida Supreme Court Amends Rules of Appellate Procedure [Effective Jan. 1, 2015],” Attorney at Law Magazine, South Florida ed., Vol. 4, No. 2.
- “Florida Supreme Court Clarifies Harmless Error Standard,” Attorney at Law Magazine, South Florida ed., Vol. 4, No. 1.
- “Florida Supreme Court Curtails Medical Malpractice Defense,” Attorney at Law Magazine, South Florida ed., Vol. 3, No. 5.
- “Who Will Pay for Your Appeal?” Attorney at Law Magazine, South Florida ed., Vol 3, No. 4.
- “Decision Highlights Potential Pitfalls of DIY Legal Forms,” Attorney at Law Magazine, South Florida ed., Vol. 3, No. 3.
- “When Justice Isn’t Blind: Proceedings to Disqualify a Trial Court Judge,” Attorney at Law Magazine, South Florida ed., Vol. 3, No. 2.
- “Clarifying the Distinction Between Viewpoint Discrimination and Permissible Content-Based Editorial Control of School-Sponsored Speech under Hazelwood: The Supreme Court Allows the Eleventh Circuit’s Bannon Decision to Stand,” Florida Education Law Journal, Vol. 4, May 2006, at p. 1.
- “Gratz and Grutter: A Summary and Comparison of the Supreme Court’s Twin Decisions on Student Diversity in University Admissions,” Florida Education Law Journal, Vol. 2, Sept. 2003, at p. 16.
- “Student Expulsion in the K-12 Public School System: Important Considerations and Emerging Issues,” Florida Education Law Journal, Vol. 2, Sept. 2003, at p. 8.