Appreciating the legacy of Tony Marshall, The Messenger of “Reasonable Care”

REASONABLE CARE - The degree of care that a reasonably prudent person would use under like circumstances.

In my ongoing work as an educator, author, consultant and expert witness, I continue to appreciate the legacy of the late Dr. Tony Marshall, formerly affiliated with Florida International University, The Educational Institute of the American Hotel & Lodging Association, and the Rosen College of Hospitality Management at the University of Central Florida. I first referred to Marshall as the Messenger of “Reasonable Care¹ ”in 2005, as much of the work in his career was aimed at informing the hospitality industry of the many common sense approaches that it could and should take in addressing guest and hotel safety issues.

If the definition of "hospitality" is taken to include lodging, attractions, food & beverage, entertainment and transportation, then it can be demonstrated that the very essence of much of the world's intermediate to long-term growth is derived from the hospitality industry. That broad definition of hospitality often becomes involved in the safety and well-being of guests.

The Concept of Reasonable Care is "satisfying a legal duty to act as an ordinary, prudent, reasonable person not to do something that will cause injury to guests, customers, or invitees, or fail to do what will prevent such injury." We must keep in mind, however, that this concept is continually evolving, and one of the concepts of reasonable care is to keep continually informed of changing regulations and rulings.

I am not an attorney by profession and do not offer legal advice, but we all should realize the many resources available to hoteliers today, including their insurance carriers and hotel attorneys.

Marshall passed away in December of 2006, but his messages remain with us. At this time of year, I find myself remembering a great educator and hotel industry resource who shared much with the hospitality industry in his many roles as professor, workshop leader and keynote speaker to most of the industry's brands and associations. His legacy is formally acknowledged each year through The Anthony G. Marshall Hospitality Law Award, which is given in recognition of pioneering and lasting contributions to the field of hospitality law. HospitalityLawyer.com Founder, Stephen Barth, says, "We honor Anthony Marshall for his pioneering and continued contributions to the field of hospitality law. He was the first to define reasonable care in a way that the average hotel manager, who is not a lawyer, could understand."

I personally knew Marshall for more than 25 years, but decided to reach out to legal professionals to get their assessment of the impact Marshall left on the industry. Below are comments from a number of attorneys who have received the award in recent years.

Banks Brown 2006 Recipient,
Partner, McDermott, Will & Emery, LLP

"Tony was the most knowledgeable attorney in the hospitality arena, but anyone who knew him knew that his legal acumen was wholly beside the point. His true beauty lay in the ever amusing force of his personality-- a man without hesitation and without shame ( as far as I can tell)--and for that, all who knew him loved him. He was a great supporter of the HL conference for the pure and simple reason that it was a much needed and hence most valuable resource to the industry that he loved and that he was watching come to age in terms of skill, knowledge and sophistication."

Banks Brown, Partner, McDermott, Will & Emery, LLP
New York, NY 10173-1922 212.547.5488 www.mwe.com [email protected]

Irv Sandman 2008 Recipient
Attorney, SANDMAN SAVRANN PLLC

"Tony Marshall was a gem in the hospitality industry. His life's work still gives us light that guides and inspires. With his sharp wit, crisp prose, and dedication to the industry, he taught us the connection between the law's demands and good, smart hotel practices. I'm glad that Stephen Barth chose to honor Tony with the Marshall Award and help keep his spirit alive."

Irv Sandman Attorney, SANDMAN SAVRANN PLLC
BOSTON – NEW HAVEN – SCOTTSDALE – SEATTLE dir: 206-686-0802 main: 480-374-5151 [email protected] www.sandmansavrann.com

Jim Abrams 2009 Recipient
Former President and CEO, California Hotel & Lodging Association

"No one involved in the hospitality industry -- whether in a legal capacity or otherwise -- can conduct day-to-day business without facing issues which Tony Marshall addressed and as to which he had a profound impact shaping the manner in which hospitality professionals deal with them. Tony was not only a consummate legal professional, he was one of the few attorneys who could convey dry legal information to lay people in an exciting and fun way that made a lasting impression on them. I had the pleasure of working with Tony for many years, and he definitely shaped and enhanced my understanding of hospitality law. That is the reason why receiving the Marshall Award in 2008 was one of the proudest of my achievements."

Jim Abrams, Of Counsel, Jeffer, Mangels, Butler & Marmaro LLP
San Francisco Bay Area, CA www.JMBM.com [email protected] 415.398.8080

Albert Pucciarelli 2010 Recipient
Partner, McElroy Deutsch Mulvaney & Carpenter

"I flew with Tony Marshall one afternoon to an InterContinental GMs meeting from Los Angeles to Cabo San Lucas, and on that flight I had the pleasure of getting to know a man who lived life with abundant joy and gratitude, who was committed to making hotels safer...a showman to be sure, but in his presence that day, just as today, I was proud to be with a hotel industry legend who, just as InterContinental Hotels Founder Juan Tripp, was captured by and wholly committed to a vision, to making life an adventure and to doing good along the way. I am truly honored to have been touched in some way by both of these good people and to receive this award that bears the name of one of them – Tony Marshall …

"The Hospitality Law Conference" is a serious conference where learning and the exchange of ideas attract professionals in the hotel industry. It is the 'graduate school' of conferences. I congratulate Stephen Barth and his team for making the conference the only one of its kind. That lawyers can obtain more than a year's CLE credit is one of the significant benefits to attendees. I look forward to the conference each year because I continue to learn there and I thoroughly enjoy the time spent with my colleagues in the legal profession who, just as I do, serve clients in the hotel industry."

Albert Pucciarelli Partner, McElroy Deutsch Mulvaney & Carpenter
Ridgewood, New Jersey 201-493-3718 [email protected] www.mdmc-law.com

http://www.hospitalitylawyer.com/downloads/HLC11_Brochure.pdf

Attendees get current on pressing concerns in the hospitality industry including franchising, legislation, premises liability, and changes in employment and management contracts.

The conference is designed for in-house counsel, attorneys practicing in the hospitality industry, risk managers, security and loss prevention personnel, CFOs, comptrollers, accountants, IT professionals, franchise service directors, and hospitality law faculty and students.

In a future column, I will share some of Marshall's lasting contributions to the industry from an operating hotelier's and an educator's perspective.

KEYS TO SUCCESS is the umbrella title for my 2011 programs, hospitality services and columns. This year's writings focus on a variety of topics for hotel owners, managers and professionals including both my "HOW TO" articles, HOSPITALITY CONVERSATIONS, Lessons from the Field, Hotel Common Sense and Principles for Success

¹ Hogan PhD. Dissertation –The Top 60 People of all time who most dramatically influenced the Hotel Industry