The Summation Quarterly, Summer 2022

Announcements Law Week Winning Essay Liberty Bell Award Young Lawyers Division

p. 6 p. 10 p. 12 p. 15

KINDNESS, GENEROSITY & WISDOM Lola Thompson

Summer 2022 | VOLUME 11, ISSUE 2 | ESRBA.COM

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Contents 12

Escambia-Santa Rosa Bar Association 260 South Tarragona Street, Suite 160 Pensacola, FL 32502 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009

Member Services Coordinator Stephen Hayward stephen@esrba.com Lawyer Referral Service lrs@esrba.com

Executive Director Jeff Nall jeff@esrba.com

10

Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership.

Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor.

Due date for all advertisements, articles and announcements is the first of the month for the issue you wish to advertise in.

Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing.

The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.

16

Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.

From the President

Page 5

Announcements

Page 6

On the Move

Page 7

Sponsor Profile

Page 8

News from the Clerk of the Circuit Court and Comptroller

Page 9

2022 Law Day Essay Contest

Page 10

2022 Liberty Bell Award Recipient: Lola Thompson

Page 12

Report from the Board of Governors

Page 14

Young Lawyer’s Division

Page 15

Owner Malcolm Ballinger

Avoiding Financial Fraud and Scams at Your Law Firm

Page 16

Publisher Malcolm Ballinger

Caroline Peterson Jenice Jones Sheryl Lowenthal Charlie Penrod

Executive Editor Kelly Oden Editor Morgan Cole

Codey Leigh Allison Newton Shekka Drayton Christine Kelly

Garrett Hallbauer

Graphic Designer & Ad Coordinator Garrett Hallbauer Sales & Marketing Paula Rode, ext. 28

Art Director Guy Stevens

Visit our Website at BallingerPublishing.com Editorial Offices: 21 East Garden Street, Suite 205 | Pensacola, Florida 32502 850-433-1166 | Fax: 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher.

Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2022 Ballinger Publishing. All Rights Reserved.

Summer 2022 | 5

From the President Garrett P. LaBorde Dear ESRBA Colleagues, Friends and Community Partners: As my year serving as your 20212022 ESRBA President winds down and I prepare to “pass the gavel” at our July 14th Annual Meeting and Installation Banquet to my friend and worthy successor, Aaron McCurdy, I cannot help being filled with honor, pleasure, gratitude and delight for being able to accomplish (with humbling support/assistance from so many of you) nearly every single thing we set out to do for the benefit of our great Association and the constituencies it serves over these last 12 months!

In particular, as I reflect back on this past (fast-paced, energetic, post-pandemic) Bar year, I am tremendously proud and thankful for the overwhelmingly successful networking/educational functions and programs we hosted, the infectious enthusiasm we felt from/ with you and the unprecedented goals/milestones we’ve been able to accomplish. I’m also abundantly grateful the community and industry partnerships that we’ve been able to establish and/or reinvigorate over the last year and for the lasting impact that we’ve collectively been able to bestow upon our local legal profession and the communities in which we live and work!

In addition to a host of internal leadership goals, efficiencies and enhancements the Executive Council and I were able to check off: We’ve hosted strong professional development programs at our monthly luncheons, robust CLE offerings several times each and every month, Judge Lunches and community roundtables. We’ve also had tons of fun at our next-level, “Bar-raising” (pun intended) social and networking events this year! Our 2021 Holiday Party with special guest Florida Bar President Mike Tanner was one of the most successful and well-attended events the ESRBA has ever had and the feedback was off the charts. Our 2022 Law Week events, culminating

with a great Law Week Luncheon at the Yacht Club, was as successful as any in recent memory! We also came together to give back to other non-profits, schools and neighbors in need by partnering with the United Way of West Florida for our first (of hopefully many) ESRBA “Day of Services.” In May, the ESRBA & its YLD hosted a “Night at the Ballpark” at one of the Blue Wahoos’ private party decks.

Without a doubt, each of these feats were only conceivable and possible because we (YOU, our members, our leadership, Board/ Council Members, Committee Chairs, Staff, Partners, and Sponsors) were eager to join, contribute, plan, donate, promote, enjoy and support our 2021-2022 ESRBA initiatives and activities! And, the results and feedback have been amazing! As I said in my remarks after being sworn in as your President at our 2021 Installation Banquet, I believe we should all lead, practice our craft and carry ourselves as if we’re under the ever-watchful and proud gaze of our predecessors, our mentors and forefathers/mothers.

It is my solemn hope and prayer that I’ve made you proud not only as your 2021-2022 President, but also as a colleague and member of our Bar. I hope that I have served you and our ESRBA with energy, inspiration, integrity, fairness, humility and unwavering passion.

Moreover, I pray that I my leadership has earned your highest esteem and the respect of our predecessors, successors, fellow council members and even the young (or aspiring) lawyers who often benefit most from our displays of honor, civility, collegiality and professionalism!

Please plan to our Annual Meeting & Installation Banquet on the evening of July 14th at Pensacola County Club! I look forward to seeing you there!!

6 | The Summation

Announcements The Escambia-Santa Rosa Bar Association

To all our Annual Sponsors

Executive Council Officers President Garrett P. LaBorde Vice President Aaron T. McCurdy

We Thank You

Secretary Christine A. Kelly Treasurer Joe Passeretti

Board of Directors Officers President Shekka Drayton Vice President D. Steve Traylor, Jr. Secretary & Treasurer John “Buz” Windham Directors Sheldon Bernau Jeremy Branning Jodi Dubose Stephen Echsner Cameron Townes Gore Kristin Haul Garrett P. LaBorde (ESRBA President) Heather Lindsay Patrick Martin Adrianna Spain Warren Todd

Platinum Sponsors

Immediate Past President Heather F. Lindsay Executive Council Ryan Cardoso Shekka Drayton Jessica Etherton Rebecca Gilliland Joe Kirkland Stephen Luongo John Mahoney II Rachel Sheffield Aaron Watson

The Escambia-Santa Rosa Bar Foundation

Gold Sponsors

Escambia-Santa Rosa Bar Association Young Lawyers Division

Young Lawyer Representative Andrew Spencer

Board of Directors Silver Sponsors

Don’t forget that members save 40% on our ever expanding library of CLEs

Scan this QR code to check out our current selection of great CLE programming!

Emmanuel Sheppard & Condon H and H Payroll Bronze Sponsors

Stay current on everything going on with the Escambia – Santa Rosa County Bar Association

Clio® LexisNexis® Synovus®

Henry Chiropractic Med-Link Trinitas Christian School

Be sure to check out the ESRBA website for all upcoming events.

Officers President Andrew Spencer Vice President Michelle Nguyen Treasurer Logan Sliva Secretary Brooke DiSalvo Directors Travis Morock Cecily Parker

We’re Social! Connect with us on social media.

ESRBA FACEBOOK FACEBOOK.COM/ESRBAFL

YLD FACEBOOOK FACEBOOK.COM/ESRBAYLD

TWITTER TWITTER.COM/ESRBAFL

LINKEDIN LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION

Summer 2022 | 7

On the Move Foundation Program to Honor Memory of Alan Bookman

Friends of former Florida Bar President Alan Bookman have launched a Florida Bar Foundation program that will perpetuate his memory by honoring lawyers who exemplify his service.

“Alan brought to the table a certain level of leadership and spirit that rest of us don’t have, but wish that we did,” said Jacksonville attorney and former Florida Bar President Hank Coxe.

Coxe, U.S. District Judge Patricia Seitz, and Ft. Lauderdale’s Jesse Diner, all former Bar presidents, announced the tribute at a March 25 Board of Governors meeting.

A New Orleans native and veteran attorney at Emmanuel Sheppard & Condon in Pensacola, Bookman died December 24, 2021, at the age of 74. He served as Florida Bar president in 2005.

Tribute organizers recently established the Alan B. Bookman Memorial Fund in coordination with The Florida Bar Foundation, Coxe said. The fund has already collected $60,000, Coxe said.

“The purpose of the fund would be to annually recognize a lawyer in the State of Florida—however young, however old, however in the middle that lawyer may be—who manifests the talents, the skills, and the commitment that Alan had in every aspect of this profession,” Coxe said.

Friends are planning a tribute to Bookman at the President’s Dinner at the Annual Convention in Orlando in June, Coxe said.

Then, beginning in the next Bar year, board members will be asked to nominate an outstanding lawyer from across the state whose service and dedication best reflects Bookman’s legacy, Coxe said.

“The winner will get the privilege of selecting where to donate the annual proceeds of the Bookman Memorial Fund,” Coxe said.

“That would be that person’s prerogative and appreciation for that person meeting…Alan Bookman’s standards,” Coxe said.

President Michael Tanner said he was looking forward to a Bookman tribute at the convention this spring.

“As the host of this dinner at that upcoming Annual Convention, I welcome you and your group to join us for dinner, and make the tribute to Alan, or whatever it is you want to say,” Tanner said.

President-elect Gary Lesser said he was eager to do his part and has already contributed to the fund.

“Alan has given so much to the legal profession,” Lesser said. “And I think it’s great that the Foundation has taken this on. I am certainly supportive.”

Chambers USA 2022 Recognizes Beggs & Lane Energy Attorneys

engineering, procurement and construction agreements, requests for proposals, and long-term service agreements. Steve also regularly represents clients in transactions and administrative regulatory proceedings before the Florida Public Service Commission.

Ed Holland rejoined the firm in 2018 and brings a wealth of experience in the Energy and Natural Resources sectors. Prior to rejoining Beggs & Lane, Ed served as Executive Vice President and General Counsel to Southern Company, President, CEO and Chairman of Mississippi Power Company, President and CEO of Southern Company Holdings, and Executive Vice President of Southern Company Services.

Beggs & Lane, R.L.L.P. is pleased to announce that Steve Griffin and Ed Holland have both been awarded top rankings in the 2022 UWF College of Business and edition of Chambers USA for their Combined Rotary Clubs of expertise in the areas of Energy and Pensacola Honor Ethics in Natural Resources law. Published Business Award Recipients annually, the Chambers USA guide The University of West Florida identifies the nation’s top law firms College of Business honored and attorneys through rigorous 2022,2021 and 2020 Ethics in research and in-depth client Business award recipients at the interviews. Rankings are assessed 20th Combined Rotary Luncheon on legal knowledge, experience, April 21, 2022 at the Pensacola ability, effectiveness and client Yacht Club. The Ethics in Business service, in addition to the strength Award recognizes individuals who and depth of a firm’s practice. exemplify the concept of “service Founded in 1883, Beggs & Lane above self ” and work to build a has counseled clients on matters positive sense of self-worth within pertaining to Energy and Natural both the business community Resources for over a century. and the broader community as Steve Griffin a whole. Criteria for the award heads the firm’s is based on adherence to the Energy and high ethical standards of honesty, Public Utilities integrity and consistency in dealing practice group. with employees, contractors He represents and customers, while positively public utilities, developers, enhancing the economic well-being independent power producers, and of the firm’s stakeholders and providers of electric vehicle providing jobs, opportunities and charging infrastructure. profits. The award winners were: Steve has served in leadership roles on a wide array of renewable • 2022 Large Business - Dr. Ed energy initiatives, including utilityRanelli, UWF scale energy storage projects, utility- • 2022 Small Business - Kerry scale solar facilities, and large-scale Anne Schultz, Schultz Law wind power purchase arrangements.

Group, P.L.L.C. He has substantial experience • 2021 Large Business - Sally developing and negotiating Fox, Emmanuel Sheppard and power purchase agreements, Condon

• 2021 Small Business - Steve Moorhead, Moorhead Law Group • 2020 Large Business - Dale Duce, 2020 Small Business Gerald Adcox The Clark Partington “Super Troupers” participated in the 2022 Battle of the Barristers, a trivia fundraiser for the United Way of West Florida. In this newly established annual event, five Pensacola law firms competed for the win, including Autumn Beck Blackledge PLLC, Beggs & Lane, Carver Darden, and Moorhead Law Group, with Clark Partington winning it all. We are proud to be the keepers of the “Legal Eagles” trophy, until next year when we will have the opportunity to defend our title as champions.

Reigning team members include Clark Partington attorneys Alfred Lojo, Troupe Brewer (Team Captain), Will Stokes, and Andrew Spencer.

Christine Sue Cook, LLC is pleased to announce that Ms. Cook is now officially a Certified Family Law Mediator. Ms. Cook has completed extensive mediator training and is honored to offer her unique perspective to help parties successfully resolve cases.

Please contact Amanda at 850-572-3443 or office@ divorcingwell.com to schedule your family law mediation.

Attorney Adam J. White has joined the committee for the Alan B. Bookman Memorial Fund in coordination with The Florida Bar Foundation.

Attorney Holly V. Jurnovoy has joined the Board of Directors for the Pensacola Little Theater.

Attorney Michelle A. Olliff is a graduate of the Greater Pensacola Chamber’s Leadership Pensacola Class of 2022.

John B. Trawick has moved to a new office located at 3298 Summit Blvd., Suite 5, Pensacola, FL 32505.

8 | The Summation

Sponsor Profile

LexisNexis My name is Mark Crockett, and I’m the local Lexis rep.

We’re so thankful to the ESRBA for allowing us to be an annual sponsor for many years now.

Sponsorship provides opportunities to connect with your membership, assist more firms in the area, and create deeper ties to the local community.

Lexis has created a lot of new tools and capabilities recently, many of which can truly help your clients and your firm. Even if you’ve been with another research provider for many years and you can’t even imagine going over to another service, we’d highly recommend just taking a look at some ways we can benefit your firm, whether it be over an in-person lunch, or a 30 minute Zoom.

The majority of firms that give us a look are pleasantly surprised at all of

the ways we can make their firm more efficient and effective.

If you would like to set aside a few minutes to see how we can help, get a competitive quote, or simply ask a couple research-related questions, please don’t hesitate to reach out to me directly at (813) 390-7304, or email me at mark.crockett@lexisnexis.com.

Thanks!

ESRBA Member Discounts Caseroads

Gravity Legal

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Get paid faster, reduce your accounts receivable, take electronic payments into trust, accept credit card, debit cards and eCheck and integrate with many of your existing systems. Gravity Legal is the financial payments and money management platform for innovative entrepreneurial attorneys and law firms. ESRBA members have the option of two compelling pricing plans and receive a year of free ACH(eCheck) on transactions up to $15,000. Sign up at gravity-legal.com/esrba.

Digital Boardwalk

Red Cave Law Firm Consulting

Award-winning technology services for firms of all sizes. ESRBA members can achieve reliability, security and peace of mind through special pricing from Digital Boardwalk, recently named one of the top managed service providers in Florida on the prestigious 2020 annual Channel Futures MSP 501 rankings.

The ESRBA-exclusive offer is extended on new recurring and non-recurring services including managed I. T. and subscription services, support, installation fees, labor and more. Sign up at www. digitalboardwalk.com/esrba.

Documate

Documate is an easy-to-use, powerful document automation platform for building both internal and client-facing tools. It allows for complex conditional logic, numerical/date calculations, collecting lists, payment/signature/CMS integrations, client-facing capabilities, client portal and whitelabeling to build your own “TurboTax” for law. Get 10% off and a free trial with code ESRBA10. Visit www.documate.org or book a live demo at www.calendly.com/ documate.

Members can access world-class business management consulting for law firms at an exclusive discount. We can help you to build a modern law firm, get efficient and increase your revenue. Start today! redcavelegal.com/esrba.

National Purchasing Partners (NPP)

Through a partnership with National Purchasing Partners (NPP), ESRBA members can receive discounts and special offers from the national retailers listed below. NPP is a B2B marketplace where members can save on products and services they use every day. Membership with NPP is FREE. To access the discounts listed below and more, enroll your company today!

ADP

NPP members who are new ADP customers can now get two months of RUN Powered by ADP® for free. Plus, waived setup and implementation fees. Existing ADP customers can access exclusive discounts too. ADP® employee solutions help small and mid-sized businesses pay employees and manage taxes. Learn how they help you manage time, develop policies and procedures, and hire and retain new candidates.

American Express

Business cards for companies of all sizes. Get built in tools, perks and rewards for businesses like yours—backed by the award-winning customer service and support of American Express. Choose the right solutions for your business. Sign up and save at mynpp.com/ association/esrba/.

Office Depot

With more than 16,000 in-stock office supply products, Office Depot products and services meet the needs of NPP members nationwide. Sign up and save at mynpp.com/association/esrba/.

Priceline

NPP members save up to 25% on select hotels when packaged with a rental car, flight or additional hotel booking. Sign up to access deeply discounted hotel deals worldwide at mynpp.com/association/esrba/.

Verizon Wireless

Eligible businesses can receive 22% OFF monthly access fees* and up to 35% OFF select smartphones, tablets and accessories. Enroll your business and start saving with the nation’s largest, most reliable 4G LTE network at mynpp.com/ association/esrba/.

For more information and details pertaining to ESRBA’s Member Discount partners, please visit esrba.com/for-attorneys/member-discounts/.

Business participation in the ESRBA Member Benefits & Discount Program does not constitute endorsement, recommendation or favoring by ESRBA.

Summer 2022 | 9

News from the Clerk of the Circuit Court and Comptroller Pam Childers

The Clerk’s Century Office

T

he Escambia County Clerk and Comptroller’s office has five

locations to serve the citizens of Escambia County, many of which are located in the south end of the County.

The Clerk has offices housed in the M.C. Blanchard Judicial Building (190 W. Government); Theodore Bruno Juvenile Justice Center (1800 Saint Mary Avenue); Ernie Lee Magaha Government Building (221 North Palafox); and the Clerk’s Public Records Center (221 E. Blount Street).

But, the Clerk also maintains an office in the Town of Century to provide service to citizens in the north end of Escambia County.

Located 50 miles north of Pensacola and close to the Alabama line, the Clerk’s Century office is located in the Billy G. Ward Century Courthouse, 7500 North Century Boulevard in Century Florida. It is staffed with two employees and a student. Long time, dedicated employee Cindy Courtney has served 20 years assisting customers in the Century Clerk’s office.

Over the years, as with most government and private entities, the types of services have changed and, although court is no longer held in Century, many services are still provided to the local citizens. While service to citizens largely provided through technology and remotely, the Century office continues to provide an in-person option for citizens to get assistance with many of their court related matters.

Services provided by our Century office include: •

• • • •

Marriage services – obtaining a marriage license, performing marriage ceremonies and providing marriage records; Assisting with establishing payment plans for court financial obligations; Accepting payments for court costs, fines, and traffic citations; Providing copies of court records; and Issuing hunting and fishing licenses (resident and non-resident).

The Century office, through the use of technology, also provides backup assistance to the Clerk’s operations in Pensacola. If there is a localized power outage or building closure, the Clerk’s Century office can continue assisting customers via phone and email.

The Century courtroom, used for decades as the site for court hearings before a county judge, has now been repurposed as a site to perform wedding ceremonies and provide a Century voting location for the Escambia County Supervisor of Elections, David Stafford’s, Office.

The Clerk’s Century Office continues to provide citizens living in north Escambia with local and convenient service.

Submitted by Brenda Van Brussel, Director of Operations, on behalf of Pam Childers, Clerk of the Circuit Court

10 | The Summation

2022 LAW DAY ESSAY CONTEST

D

uring our Law Week Luncheon, we honored the NWFPA Law Week Essay Contest Winners:

1st place - Abigail Hrabar (East Hill Christian School) 2nd place - Sage Hall (Gulf Breeze High School) 3rd place - Isabella Simmons (East Hill Christian School) The 2022 Law Day Essay Prompt: Given the recent explosion of social media use in the last ten years, should the right to free speech under the First Amendment be interpreted differently to address the particular dangers of

social media? In light of the Supreme Court’s recent cases on speech rights, discuss the extent that the First Amendment can and should limit the right to speak freely on social media.

By Abigail Hrabar, East Hill Christian School Since the beginning of mankind, the right to speak freely has constantly been violated through practices such as slavery and oppressive governments and regimes.

This suffocating lack of free speech is an issue that migrants fled and still flee from. Today, however, humanity experiences new and progressive issues regarding this constitutional amendment.

With the rise of technology and the internet, ideas can be transported across the world in a matter of seconds. To some degree, this is a great human achievement; however, people constantly exploit ideas and innovations.

Considering this new form of communication, many

question whether the First Amendment should be construed differently.

Though the internet and the widespread ease of distributing false and harmful information can cause damage, the First Amendment should be preserved, and, as such, most censorship should be solely regulated by the websites and social medias themselves.

One issue constantly brought up in the debate on free speech on the internet is the protection of minors. For example, the 1996 Communications Decency Act held that all“obscene or indecent” messages should be criminalized. This act was passed and then, after a

short while, struck down, as it was stated as being too vague and against the First Amendment. This is not to say that the safety of a child on the internet is unimportant; in fact, the COPPA(Children’s Online Privacy Protection Act) is an act that rightfully “imposes certain requirements on operators of websites or online services directed to children” (“Children’s Online Privacy Protection Rule (‘COPPA’)”). Rather, it is a statement that shielding the innocence of a child should not limit what others, particularly adults, can or cannot do or say. Many people protect their children from online dangers through technology

that prohibits children from visiting sites their guardians disapprove of; schools often use similar technology. Unfortunately, however, there is no perfect way to protect everyone, and the guardian of the minor should be the one to decide how best to shelter their child. Doing otherwise by creating laws restricting speech on the internet would prevent free speech and violate the First Amendment.

As previously mentioned, there are extremely valid reasons for the desire to protect children from the internet. For instance, the rate of suicide, especially in adolescents, has increased considerably in the past couple of decades; many

Summer 2022 | 11

attribute this change to the internet. Being able to communicate with billions of people, strangers or otherwise, online can pose a danger to people’s mental health and increase prejudices towards groups of people. These wounds have resulted in more profound and serious problems than could have been fathomed by outsiders. On numerous occasions, online words have been twisted, taken out of proportion, and used to frame others. One specific example can be seen in the increase of suicides, particularly online suicide pacts, in Japan, where, from 2003 to 2005, there was an increase of 57 suicides per 100,000 people. This exploitation of others is unfortunately inevitable regardless of the mode of communication; the internet has, admittedly, made it significantly more difficult to defend oneself against these attacks and increased the speed at which they can be spoken and heard. The National Library of Medicine paints the picture by stating, “Although cyberbullying cannot be identified as a sole predictor of

suicide in adolescents and young adults, it can increase risk of suicide by amplifying feelings of isolation, instability, and hopelessness for those with preexisting emotional, psychological, or environmental stressors,” (Luxton).

Ultimately,however, making laws against cyberbullying and hate speech would also wrongly limit free speech.

31). Definitions of this reckless disregard of that phrase have always been risk) suddenly becomes vague, and a more clear highly relevant. That need way to explain the idea not—and should not—be may never come to fruition. the case,” (Elonis v. United Because of this confusion, States 48). many district courts had different ideas on what In closing, language is the ruling should be. one of the most vast and Some claimed that Elonis inclusive forms of art. Just should be convicted, as like all art, it can be used to the general public would slander, harm, or threaten; consider these words as a however, it can also critique, ‘true threat’. Other courts inspire, and encourage. suggested that intent With the rise of technology, to threaten should be the line between these Recently, the Supreme provided and proven before intentions is further and Court case of Elonis v.

Elonis was punished. In further blurred. However, United States has sparked reality, the suspect should this does not mean that discussion on how online not face any legal action the First Amendment threats should be dealt unless he acts upon his should be neglected or with. Elonis was charged threats or commits a interpreted differently with posting threats crime, relating to the regarding online media. against his ex-wife and remarks or otherwise. This The United States was a kindergarten class on idea and the complexity founded on the freedom Facebook; he claimed that behind the decision of speech so that all could these threats did not have are well represented by voice their opinions, any subjective intent to be Justice Thomas’ words: whether constructive or acted upon and therefore “Had Elonis mailed destructive. This valuable could not be considered obscene materials to his concept should not be ‘true threats’ which he wife and a kindergarten altered regardless of how should be prosecuted class, he could have been reckless and discouraging for. In Justice Thomas’ prosecuted irrespective the internet and those dissenting opinion of of whether he intended who occupy it can be. In the case, he claimed, “To to offend those recipients the final analysis, the First qualify as a true threat, a or recklessly disregarded Amendment should not be communication must be that possibility. Yet when construed differently when a serious expression of he threatened to kill his applied to social media, nor an intention to commit wife and a kindergarten should it be used to limit unlawful physical violence,” class, his intent to terrify freedom of speech online.

(Elonis v. United States those recipients (or

Supreme Court of the United States. Elonis v. United States. no. 13-983, 1 June 2015. Supreme Court, https://www.supremecourt.gov/opinions/14pdf/13-983_7l48.pdf.

“Children’s Online Privacy Protection Rule (‘COPPA’).” Federal Trade Commission, 2020, https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa.

Kahn, Ronald. “Internet.” Middle Tennessee State University, Free Speech Center, 2009, https://www.mtsu.edu/first-amendment/article/1119/internet.

Luxton, David D, et al. “Social Media and Suicide: A Public Health Perspective.” American Journal of Public Health, American Public Health Association, May 2012, https://www.ncbi. nlm.nih.gov/pmc/articles/PMC3477910/.

“Reno v. ACLU.” Oyez, Cornell Legal Information Institute, https://www.oyez.org/cases/1996/96-511.

12 | The Summation

2022 LIBERTY BELL AWARD RECIPIENT:

LOLA THOMPSON

by Christine Kelly, Lynchard & Seely, PLLC

L

ola Thompson began working for Northwest Florida Legal Services in 1984, and she transitioned to Legal Services of North Florida when it opened its office in Pensacola in 2004, where she stayed until she retired in 2019.

Lola began as an intake clerk, gathering client information to ensure eligibility for services. She greeted clients and helped them complete paperwork. She helped them tell their stories in ways that would ensure that attorneys could understand what they needed. She provided practical (but always non-legal) advice to them. She would explain to tenants how important it was to pay rent timely. She would encourage clients to save money and work hard to get ahead in life. In these ways, Lola not only helped clients understand both their duties and their rights but also encouraged a great respect of the law and the courts. In her 35 years of service, Lola interacted with thousands of clients, affecting their lives in many positive ways and ensuring them access to justice. This, in turn, fostered a better understanding and appreciation of the rule of law by the clients with whom she interacted.

But Lola’s interaction did not stop with clients. Over 35 years, Lola worked with many attorneys who came through Northwest Florida Legal Services and Legal Services of North Florida, affecting their lives in many positive ways as well. Even after the worst day in court, an attorney could count on a warm smile, a friendly greeting, and an ear intent on listening. Although she was not a lawyer, after years of working with them, Lola understood the law very well. She also

Summer 2022 | 13

appreciated the special needs of the vulnerable populations legal services served very well.

Consequently, she would often offer wisdom that would make all the difference in determining how to resolve a complicated case. Lola’s kindness, generosity, and wisdom indubitably contributed—both directly and indirectly—to the effective functioning of our institutions of government.

Criteria The purpose of the Liberty Bell Award program is to recognize community service that has strengthened the American system of freedom under law and to accord public recognition to men and women, particularly nonlawyers, for outstanding service in one of these areas: 1. Promoting a better understanding of our Constitution and the Bill of Rights; 2. Encouraging greater respect of law and the courts;

— PAST WINNERS — 2000 - Morris Eaddy 2001 - Sue Straughn 2002 - Dr. Elmer Jenkins 2002 - M. J. Menge (Honorary)

2012 - Marie K. Young 2013 - Lewis & Belle Bear 2014 - Mike Wiggins

2003 - Pensacola News Journal

2015 - Williemae Standberry

2004 - John Pritchard

2016 - Mary M. Johnson

2005 - Bonnie Jones

2016 - Judge Casey Rodgers (Honorary)

3. Stimulating a deeper sense of individual responsibility so that citizens recognize their duties as well as their rights;

2006 - Robert H. Kahn, Jr.

4. Contributing to the effective functioning of our institutions of government; and 5. Fostering a better understanding and appreciation of the rule of law.

2011 - (Ret) Capt. Robert Rasmussen

2016 - Ernie Lee Magaha

2007 - Drexel P. Caldwell

2017 - Escambia County School System

2007 - Joe Mooneyham

2018 - Quint & Rishy Studer

2008 - Donna Merritt

2019 - Connie Bookman

2009 - Earl D. Hutto

2020 - Robin Wright

2010 - Patrick J. Madden

2021 - Stacey Kostevicki

14 | The Summation

Report from the Board of Governors from Jeremy Branning

T

he Florida Bar Board of Governors met virtually March 25, 2022. The Board’s major actions and reports received included:

The Board of Governors voted to approve an approximately $45 million Bar general fund budget proposal, which requires Florida Supreme Court approval and maintains a 22-year trend of avoiding member fee increases. The proposed general fund budget anticipates $40.1 million in total operating revenues, essentially unchanged from the previous year. Operating expenses of $44.6 million are projected to rise less than 1% over the current year’s budget level. The budget has been posted for public comment and will be submitted to the Supreme Court in June.

ONLINE DISPUTE RESOLUTION The COVID-19 Pandemic Recovery Task Force, newly renamed as the “Special Committee on Changes to the Practice of Law,” presented two possible online dispute resolution platform options for civil disputes.

Matterhorn demonstrated a “Turbo Court” online dispute resolution system and Tyler Technologies demonstrated their “Modria” platform. The task force expects to make a final recommendation in May. If the board approves, the proposal will be forwarded to the Florida Courts Technology Commission for further review.

In addition to the automated platform project, the task force is monitoring a growing number of Supreme Court workgroups and committees. One, the

District Court of Appeal Workload and Jurisdiction Assessment Committee, generated a majority recommendation to create a Sixth District Court of Appeal, recently endorsed by the Florida Legislature.

The task force is also monitoring Supreme Court workgroups on the Improved Resolution of Civil Cases, Trial Court Technology Strategies, Judicial Practices in Trial Courts, and Sanctions for Sham and Vexatious Litigation. The task force has already begun drafting proposed comments to Workgroup on Improved Resolution of Civil Cases proposed rule amendments.

Read more in the Bar News.

GREATER PUBLIC ACCESS TO LEGAL SERVICES The board also approved a Program Evaluation Committee proposal to create a Special Committee for Greater Public Access to Legal Services upon request of the Supreme Court to provide alternative proposals to “improve the delivery of legal services to Florida consumers and… assure Florida lawyers play a proper and prominent role in the provision of these services.” President Mike Tanner called for the committee after the Supreme Court announced it would not adopt most of the recommendations from its Special Committee to Improve the Delivery of Legal Services. The board opposed certain recommendations, including testing nonlawyer ownership of law firms, fee splitting with nonlawyers, and expanding the work paralegals could perform. The new special committee has been instructed

to forward its recommendations to the Supreme Court by December 30.

CONSUMER PAMPHLETS The Board approved a plan for updating and more aggressively promoting The Florida Bar’s extensive library of consumer pamphlets, including expanded Spanish and Creole editions. The collection includes 46 titles from judicial elections and adoption, to wills, home buying, parenting and divorce, and power of attorney. The recommendations included reducing print costs, expanding translations and topics, and creating a promotional plan.

The board also: Approved adding Member Options property and casualty insurance to the Member Benefits Program to replace Geico, a member benefit that expired in February.

Civil Procedure Rules Committee proposed amendments to Rule 1.453 ( Jury Request to Review Testimony) providing guidance when a civil jury requests to review testimony presented at trial. The proposed amendment would mirror a similar rule for criminal matters.

Family Law Procedure Rule Committee proposed amendments to 12.200 (Case Management and Pre-Trial Conferences).

Suggested by a judge, the proposed amendment would delete a final sentence in subdivision (c) and conform the rule to current practice.

Summer 2022 | 15

Young Lawyer’s Division Networking and Engagement

by Andrew Spencer, YLD President

W

e have enjoyed great events at YLD since my last report including networking happy hours, Law Week Judicial Reception sponsorship and, most recently, a Blue Wahoos night in a combined outing with ESRBA. We also held a YLD holiday house-party with zero fund use which we hope to turn into a new tradition. We are very pleased to have also resumed the “lunch with a Judge” program in partnership with ESRBA. This is an invaluable benefit to our members and we are thankful to the Judges who have and will graciously volunteer their time.

We are looking forward to a great summer as well as resuming a prior tradition in the Fall: the YLD “You have the J.D., What’s Next?” event. This is a seminar and Q&A session with a panel of volunteers to discuss professional development and the issues new lawyers face when starting out in practice.

We will continue our tradition of providing a diverse panel with practitioners from the civil and criminal arenas, and hopefully at least one Judge. This event will be held in October and a firm date will be announced shortly.

We are excited for new and energetic leadership in YLD, including incoming president Michelle Nguyen and vice president Brooke DiSalvo. As we continue to build on YLD’s mission, we are also seeking new lawyers who are eager to take on leadership roles and get involved. If you or a lawyer at your firm is interested

in potential leadership opportunities within YLD, please contact me directly. We look forward to continuing to serve our members, the community, and the Bar, and bringing new lawyers into leadership is a critical part of ensuring the continuity and success of that mission.

16 | The Summation

Avoiding Financial Fraud and Scams at Your Law Firm

by Adrianna Linares, Industry Advisor and Bar Association Liaison to Nota by M&T Bank

T

he number of scams targeting lawyers, law firms, and their clients is on the rise. With today’s sophisticated technology, the severity of these scams is constantly evolving, and more and more firms are falling victim to financial fraud.

To protect yourself, your team, and your clients, this article will outline the most effective methods for avoiding financial fraud and scams at your law firm.

HOW SCAMS WORK Since most law firms rely on digital communication with clients and prospects today, you must be diligent with all transactions and solicitations. Anytime you are conducting a transaction, it is important to exercise caution and remain skeptical anytime money is leaving your firm.

Arming yourself with knowledge, doing your due diligence, and taking action to protect your firm will help to stop scammers in their tracks so that you can avoid falling victim to their ruse. In this article, we will identify some of the most common red flags to be on the lookout for, and how you can protect your firm from fraudulent activity.

Wire Fraud Scams During a wire fraud scam, social engineering is used to transfer funds to an unauthorized recipient.

Social engineering is a method in which scammers manipulate their victims to gain confidential information that will allow them to complete a fraudulent transaction.

A cybercriminal will impersonate an individual that the victim knows, and will use that person’s email address and signature to get the victim to wire money to the criminal’s bank account. They may imitate a colleague or client who is requesting that funds in one of your accounts be distributed to them and may even request that any retainer fees be held in escrow to avoid paying for your services.

In many cases, scammers make mistakes that give away their plan.

And these are the clues you and your staff should look out for. Their email may be written in broken English, when you know that the client they are impersonating is a native (or excellent) English speaker. They may also provide inconsistent contact information, such as a telephone number from one geographic location, and an address in another.

If you notice multiple inconsistencies, grammatical errors, and otherwise question the authenticity of the “client”, chances are that a scammer is behind the inquiry, and you should not send any money to them until or unless you can verify their identity.

Check Scams Check scams continue to plague law firms across the country. As technology continues to evolve, it has become increasingly difficult to identify phony checks. Here are a few ways to verify whether a check is authentic and valid: • •

Ensure that the check was issued by a reputable bank Check the microprinting on the signature line

• •

Be sure that the back of the check reads “original document” Check for discoloration or ink smudging that could indicate that the check was tampered with

If you are questioning the validity of a check, it is always best to investigate. If the check was distributed by a reputable bank, you should call the bank to verify that the account in question has available funds to cover the costs.

The bank will be happy to assist you to ensure that you are not being scammed.

In addition, it is in your best interest to avoid writing out checks until funds have settled. This will provide plenty of time to verify the validity of the account. Do your due diligence and always trust your instincts. If something feels off, it probably is!

Email Scams Phishing and social engineering are serious issues for law firms. Since it is rare for frauds to get on the phone with their intended victims, they will attempt to communicate exclusively through the internet to set up their scheme.

Scammers will often spoof an email address to trick you or someone at your firm into believing that they are emailing a client or legitimate contact. Be sure to double check every email to verify that the address is spelled correctly, and to confirm that you are communicating with the intended recipient.

With a phishing scheme, the scammer will typically make contact with a sense of great urgency, requesting information or action on your part immediately. If you notice that a client is reaching out with abnormal or unnecessary urgency, and a request that deviates from the original agreement or plan, that is a sign that you may be dealing with a phishing scheme. Unless proper action is taken, here is how a scheme will usually play out: 1. The “client” will sign your retainer agreement, and then reach out to let you know that your services are no longer needed.

2. You receive a settlement check that is deposited into your trust account.

3. The “client” requests a wire distribution of the settlement funds, typically into a foreign account.

4. Once the funds are distributed and it is determined that this transaction was a scam, you will now be stuck with an overdrawn account, and now owe that balance to the bank.

This situation can cause a great deal of distress, so be sure to do your due diligence during every transaction and verify the authenticity of each contact and payment.

To find out more about digital banking or how technology can make managing your law practice easier and more efficient, visit the Nota by M&T website at www. trustnota.com.

Banking services powered by M&T Bank, Member FDIC. References to “IOLTA” or “Interest on Lawyers Trust Account” shall be interpreted to include “IOLA,” or “Interest on Lawyer Account,” and “IOTA,” or “Interest on Trust Account,” as applicable in a particular state.

Nota is a product/service offered by M&T Bank and is available to attorneys whose offices and practices are in NY, NJ, MD, PA, DE, CT, VA, DC, FL, or WV. IOLTA accounts held by lawyers in these states must be subject to applicable state rules and regulations. The advertised product/services and their features and availability are subject to change without notice at any time. Use of the product/service is subject to and governed by certain terms, conditions, and agreements required by M&T Bank. © 2022 M&T Bank. All Rights Reserved.

y a d o T Re gist er

Lunch with a Judge

Our Law Week Panelists (Judge John Miller, Benjamin Stevenson and Daniel Soloway) joined by our moderator for the event Aaron Watson, Clerk of the Court Pam Childers and County Commissioner Robert Bender

President Garret LaBorde doing his part during our Law Week Community Service Day

The crowd enjoys lively opening remarks

by Law Week Co-Chair John Mahoney

Great turnout for our Santa Rosa Member Social, held at Blackwater Bistro in Milton

Michelle Nguyen, Hadley Sanders, John Mahoney, Aaron McCurdy and Codey Leigh joined Judge Frydrychowicz for Lunch at the Pensacola Yacht Club

Pictured (L to R): John Mahoney, Carrie Cromey, Lola Thompson, Andrea Roberts, Christine Kelly, Wyndi Wheaton, and Victoria Mausteller

Pictured (L to R): Aaron Erskine (event sponsor), Judge Robert Hillard, Steve Warrick, Judge David Oberliesen and Vice President Aaron McCurdy.

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We do not have attorneys who accept pro bono or contingency cases.

CHECK OUT OUR LAWYER REFERRAL SERVICE TODAY! 850.434.8135 | ESRBA@ESRBA.COM | ESRBA.COM Lawyer Referral Service is a public service provided by the Escambia-Santa Rosa Bar Association

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