The Summation, Summer 2020

On the Move COVID-19 Survey Results Filing Public Notices Lawyer Referral Service

p. 6 p. 8 p. 21 p. 22

T.A. Shell

A MAN OF MANY TITLES

SUMMER 2020 | VOLUME 9, ISSUE 2 | ESRBA.COM

Contents

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 Executive Director Jeff Nall jeff@esrba.com

10

Member Services Coordinator Noah Jones noah@esrba.com Lawyer Referral Service Pat Atkinson and Marilyn Kelley lrs@esrba.com

12

17

20 From the President

Page 4

Announcements

Page 5

On the Move

Page 6

COVID-19: Member Survey

Page 8

The Power of Association

Page 10

News from the Clerk of the Circuit Court and Comptroller

Page 11

T.A. Shell: A Man of Many Titles

Page 12

Law Week 2020 Student Essay

Page 14

Why Be a Member of ESRBA

Page 15

Adam White, The Florida Bar YLD President

Page 16

Legal Studies

Page 17

Patrick Emmanuel Celebrates 100th Birthday

Page 18

Highschool Mock Trial Competition

Page 20

How to File Public Notices

Page 21

Lawyer Referral Service

Page 22

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.

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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.

Gerald McGill Caroline Peterson Noah Jones Sheryl Lowenthal

Charlie Penrod Codey Leigh Gina Milam Allison Newton

Shekka Drayton Christine Kelly Fausel Garrett Hallbauer Dakota Parks

Owners Malcolm & Glenys Ballinger Publisher Malcolm Ballinger Executive Editor Kelly Oden Editor Gina Castro Art Director Guy Stevens Graphic Designer & Ad Coordinator Garrett Hallbauer Assistant Editor Dakota Parks Sales & Marketing Geneva Strange, ext. 21 Paula Rode, ext. 28 Becky Hildebrand, ext. 23 Visit our Website at www.ballingerpublishing.com Editorial Offices: 314 North Spring Street, Suite A Pensacola, Florida 32501 850-433-1166 | Fax 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher.

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4 | The Summation

From the President

Legacy of the ESRBA

by Warren Todd

My how things have changed since I last wrote a President’s message in late February 2020. I am sure many of us had heard of the Coronavirus (COVID-19) by then, but I doubt any of us could have anticipated how it would change our lives personally and professionally. The last two to three months have been a blur and passed at warp speed. We have all had to learn how to survive in the age of social distancing with new impediments to lawyering like courthouse closures except for “essential” functions, virtual proceedings and depositions, six-foot distancing, facemasks, hand sanitizer, working remotely, communicating with clients remotely, and learning to litigate in a virtual socially distanced world.

When I was sworn in as President of the Escambia Santa Rosa Bar Association (ESRBA), my goals for the Executive Council were to identify ways to make the ESRBA more valuable to our membership, to improve the quality of our events, and to foster meaningful opportunities for fellowship and education.

Before COVID-19 the Executive Council was working diligently to make this happen in an “in person” environment especially those who were on the Membership Committee, the Programs Committee, and the CLE Committee.

The Membership Committee developed an informational flyer to assist new and existing members by identifying many of the benefits associated with membership. They contacted prospective new and former members to encourage participation and committee involvement. They started wearing blue name badges at ESRBA events to identify themselves as membership ambassadors and made a concerted effort to introduce new members to others. The Programs Committee worked diligently to identify speakers of interest to the membership and to create CLE credit opportunities at the monthly ESRBA meetings. The CLE Committee identified and organized some fantastic CLE opportunities. And, the Executive Council updated our sponsorship policies to create a greater variety of sponsorship opportunities.

On March 20, 2020, the ESRBA closed its doors to non-employees and soon began operating a virtual office with Jeff, Noah, Pat, and Marilyn working remotely. We started having virtual Executive Council

meetings and in June we had our first virtual ESRBA meeting via Zoom with Chief Judge John Miller and Escambia County Administrative Judge Jan Shackelford discussing the courthouse closure and taking questions from members of the association.

It is my sincere hope that we will all be able to return to some form of “in person” meetings soon. In the meantime, Jeff Nall, the ESRBA staff, and Executive Council have done an outstanding job adapting to our current new normal. While working remotely, they have managed to stay ahead of the curve and function at a high level by providing numerous current CLE opportunities, updating the membership with state and local administrative orders related to COVID-19 and the court system, disseminating information to assist members of the association, and partnering with other bar associations around the state including larger bar associations like Broward, Dade, Hillsborough, Jacksonville, Sarasota, and St. Petersburg. In addition, on June 26, 2020, we will be partnering with the Okaloosa and Walton bar associations to present a virtual CLE with six First Circuit Judges titled “Exploring the Use of Audio-Video Technology in the First Judicial Circuit During and After COVID-19”.

The goals are still the same; i.e., to make the ESRBA more valuable to our membership, to improve the quality of our events, and to foster meaningful opportunities for fellowship and education. However, in our current environment, we must continue to embrace technology and utilize it to the fullest as a means to accomplish these goals.

We want your participation and feedback. If you have any ideas or suggestions for making the Escambia Santa Rosa Bar Association more valuable, please share them with a member of the Executive Council or the ESRBA staff. We have many committee opportunities so there is no excuse; join a committee and get more involved.

I look forward to seeing you at upcoming events whether that is through Zoom or hopefully one day soon at an “in person” event!

Summer 2020 | 5

Announcements The Escambia-Santa Rosa Bar Association

Executive Council Officers President Warren R. Todd Vice President Heather F. Lindsay Secretary Garrett P. LaBorde Treasurer Aaron T. McCurdy Immediate Past President Steve Traylor ExecutiveCouncil Jessica Etherton Rebecca Gilliland Christine Kelly Fausel Frederick V. Longmire Stephen Luongo Cecily M. Parker Joseph A. Passeretti Haley VanFleteren Young Lawyer Representative Travis Morock President Emeritus T. A. Shell

Virtual Installation Banquet July 16, 2020 | 12–1 p.m.

At the event, which will be conducted virtually via ZOOM, the 2020-2021 ESRBA officers and executive council members will be inducted as well as the Foundation and Young Lawyers Division boards. Additionally, the recipient of the Young Lawyers Division's William S. Meador Award will be announced.

Courthouse ID Badge Renewal Date

All Escambia County Courthouse Access ID Badges expired on March 31, 2020. The grace period for renewal ended on April 30, 2020. To renew your badge, or apply for the first time, complete the application that can be found at https://esrba. com/for-attorneys/id-badge/.

After obtaining an ID Badge from ESRBA, participants will no longer be required to remove belts and wrist watches when entering the Escambia County Courthouses upon presenting the badge to security personnel.

ESRBA’s COVID-19 Response

Amidst concerns about the spread of COVID-19 and necessity to practice social distancing, we want to let you know that serving our members still remains our top priority. However, we have taken, and will continue to take, precautionary actions that require us to deliver those services in a different manner out of concern for our members, staff, and the community at-large. We have

2020–2021 Proposed Executive Council Slate President – Heather F. Lindsay Vice President – Garrett P. LaBorde Secretary – Aaron T. McCurdy Treasurer – Christine A. Kelly Fausel Immediate Past President – Warren R. Todd Young Lawyer Representative – Travis Morock

implemented the infrastructure and work processes to take our office completely virtual, with all staff working from home with few exceptions.

We are monitoring all new information as it becomes available and reassessing as our plans accordingly. Staff can be reached via regular ESRBA emails and phone numbers during normal office hours.

We want to assure you that our commitment and high-standards of service to our members will go unchanged. We look forward to serving our members and the public via our website, phone, email, and mail.

We also encourage engaging with us on Facebook and Twitter. Despite the current challenges, our commitment and high-standards of service to our members go unchanged.

CLE On-Demand Online Library

If your CLE requirement compliance period is approaching, please remember we have an on-demand online library available at your convenience for downloading or streaming. Along with the recorded audio, you will receive all presentation handouts and the CLE certificate.

There are currently 15 seminars in the library at cle.esrba.com.

Court Administrative Orders and Directives

For your convenience, all court communication and Administrative Orders and Directives are archived in the newsroom of our website. We will continue to also email them to our members as a member benefit.

– Council Members – Shekka Drayton (1st term expiring June 30, 2022) Jessica Etherton (1st term expiring June 30, 2021) Rebecca Gilliland (2nd term expiring June 30, 2022) Joe Kirkland (1st term expiring June 30, 2022) Frederick V. Longmire (2nd term expiring June 30, 2021) Stephen Luongo (1st term expiring June 30, 2021) Cecily M. Parker (2nd term expiring June 30, 2022) Joseph A. Passeretti (2nd term expiring June 30, 2022) Haley VanFleteren (1st term expiring June 30, 2021)

The Escambia-Santa Rosa Bar Foundation

Board of Directors Officers President Adrianna Spain Vice President John “Buz” Windham Secretary & Treasurer Shekka Drayto Directors Stephen Echsner Kristin Hual Warren Todd Sheldon Bernau Jodi Dubose Jeremy C. Branning Steve Traylor Escambia-Santa Rosa Bar Association Young Lawyers Division

Board of Directors Officers President Kelsey Stone Vice President Travis Morock Secretary & Treasurer Shekka Drayton Past President Jessica Etherton Directors Caitlyn Miller Andrew Spencer

We’re Social! Connect with us on social media ESRBA FACEBOOK

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FACEBOOK.COM/ESRBAFL FACEBOOK.COM/ESRBAYLD TWITTER.COM/ESRBAFL LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION

6 | The Summation

On the Move The law firm of Moore, Hill & Westmoreland, P.A. has chosen Haley

J. VanFleteren to be a member of the 2020 class of Pathfinders, participating in a program designed by the Leadership Council on Legal Diversity (LCLD) to train high-performing, early-career attorneys in critical career development strategies including leadership and the building of professional networks.

“This is a great honor for Haley,” said Larry Hill, MHW’s co-founder and managing partner. “It is evidence that she has been identified as having the potential to assume a leadership role, not only in our organization, but in the profession.” She also represents the First Judicial Circuit on the Florida Bar Young Lawyers Division Board of Governors and is actively engaged in leadership positions in the Escambia-Santa Rosa Bar Association.

Zarzaur Law, P.A. announces the

addition of Thomas Gore to the firm. Gore joins the firm as the newest associate attorney.

Zarzaur Law is located at 100 Palafox Place in Pensacola, FL 32502. He can be reached at (850) 444-9299 or thomas@zarzaurlaw.com

ESRBA members Chris Crawford, Brenton

Goodman, Joshua Harris, Marc Huff, Alfred Lojo, Matthew Massey, Therese Felth McKenzie, Geoffrey Hilton Leon Pittman, Rachel Sheffield and Andrew Spencer were all among Inweekly’s Rising Stars 2020.

Clark Partington Shareholder Douglas A. Bates was recently inducted into the Pensacola State College Athletics Hall of Fame (Class of 2020). Fellow inductees included: Vicki Carson, Donn Perry, Brenda Peña and Dan Shugart.

“Hall of Fame inductees include studentathletes, participants, advisers, coaches, directors, administrators, contest officials, media

personnel, sports medicine personnel, athletic trainers or distinguished volunteers who exemplify the highest standards of sportsmanship, moral character and ethical conduct.” – Pensacola State College Clark Partington and ESRBA congratulate Doug and his fellow Hall of Fame inductees on receiving this very impressive honor.

Nine attorneys from Emmanuel Sheppard & Condon have been se-

lected to the 2020 Florida Super Lawyers list.

No more than 5 percent of the lawyers in Florida are selected by the research team at Super Lawyers to receive this honor.

The attorneys recognized as Super Lawyers are Alan B. Bookman (15th year selected), Erick M. Drlicka (eighth year selected), Patrick G. Emmanuel (ninth year selected), Robert A. Emmanuel (14th year selected), John W. Monroe Jr. (eighth year selected) and Sally B. Fox (third year selected).

The attorneys recognized as Rising Stars are Michelle A. Olliff (first year selected), Adam C. Cobb (seventh year selected) and Adam J. White (second year selected).

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Moore, Hill & Westmoreland, P.A. (MHW) has selected Mambwe Mutanuka to be a member of the 2020 class of 1L Scholars, participating in a summer program designed by the Leadership Council on Legal Diversity (LCLD) to strengthen the legal pipeline by expanding the number of opportunities for diverse first-year law students.

Mambwe, who attends Loyola University Chicago School of Law, will be joining MHW this summer to work alongside attorneys and gain experience in her fields of interest. As part of the LCLD program, Mambwe will have the opportunity to attend the 2020 LCLD 1L Scholars Summit in Atlanta, Georgia, in June. The Summit consists of panel discussions, distinguished speakers, and networking opportunities.

Benjamin T. Shell Admitted to the Tennessee Bar

Attorney Benjamin T. Shell has been admitted to the Tennessee Bar and is now licensed to practice law in

Florida, Alabama and Tennessee. Shell is a litigation attorney who joined the Pensacola office of Emmanuel Sheppard & Condon and works with their Personal Injury Law Group. As a Pensacola native, he received his bachelor’s degree from the University of West Florida and his juris doctorate from the Florida Coastal School of Law. His practices areas include personal injury and bad faith litigation.

Prior to joining Emmanuel Sheppard, & Condon, Shell spent the early part of his career serving as defense counsel for Fortune 500 insurance companies and corporate clients. This experience has given him a unique perspective into how insurance companies view and evaluate certain claims, thus allowing him to expertly navigate the litigation process in the manner most advantageous to his clients.

Emmanuel Sheppard & Condon Attorneys Galen Novotny and Adam Cobb have been named company shareholders.

Galen Novotny,

born and raised in Ebensburg, Pennsylvania, and graduated from the Pennsylvania State University with a bachelor’s degree in history with honors and high distinction in 1996. In 1999, he received his law degree from Capital University in Columbus, Ohio. While attending Capital University, he completed a joint degree program at Ohio University in Athens, Ohio, earning a master’s degree in sports administration in 2000.

Adam Cobb is a

board-certified real estate attorney who regularly advises property owners, banks, developers, landlords, brokers, municipalities and government officials in all areas of real estate law, including real estate transactions, zoning/ land-use proceedings and real estate litigation. The Pensacola native graduated with honors from the Florida State University College of Law and practiced law in Indianapolis from 2010 until returning home and joining Emmanuel Sheppard & Condon in 2016.

On the Move submissions may be sent to esrba@esrba.com

Summer 2020 | 7

Shelley Guy Reynolds Received The Florida Bar Bro Bono Award in Supreme Court Ceremony Jan. 30

Shelley Guy Reynolds, a graduate of The Florida State University School of Law in 1989, began her legal career at the State Attorney’s Office in Escambia County. Working in the juvenile division, she felt most helpful to the families of young, troubled children. Now Reynolds, who has her own practice, works with Legal Services of North Florida on domestic violence cases and child delinquency cases, having invested seven months and more than 250 hours on a case with one child.

Reynolds worked to preserve the child’s legal status within the United States and to keep the child from being housed in a Department of Juvenile Justice program. Her stubborn commitment to the child didn’t make her popular with her adversaries, but eventually, thanks to the hard work by co-counsel at

LSNF and a special, out-of-town Guardian Ad Litem, they secured a favorable result for the child. Reynolds’ pro bono work changed the way the juvenile court now handles immigrant children’s delinquency cases.

Established in 1981, The Florida Bar President’s Pro Bono Service Awards are intended to encourage lawyers to volunteer free legal services to the poor. The annual awards recognize those who make public service commitments and raise public awareness of the volunteer services provided by Florida lawyers.

The Florida Bar President John M. Stewart presented the 2020 awards.

New Members

Moves

Gross & Schuster, P.A. daltonallen@tagross.com

Phil Hall, P.A. has moved to 4300

Bayou Blvd. Suite 32, Pensacola, FL 32503 to better serve our clients and to accommodate our growing team. Their phone number, fax number, and email address will all remain the same.

Kathryn L. Avila

Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A. kavila@levinlaw.com

Vickie Gesellschap

Sniffen & Spellman, P.A. vgesellschap@sniffenlaw.com

Michelle T. Nguyen

Meador & Johnson, P.A. mtn@meadorjohnsonlaw.com

Dalton Allen

Jessica Lynn Skidmore Office of the State Attorney jskidmore@osa1.org

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850.932.9375 / THEFRIARY.ORG

8 | The Summation

COVID-19: Member Survey In order to better understand the impact of COVID-19 on our members and gather feedback on how we can continue to meet their needs during the pandemic, a member survey was taken in May. The open-ended questions printed below are a representative selection of response themes. We appreciate the participation and hope sharing the responses is helpful to you as well.

What challenges are you (and your team) experiencing working remotely?

• Everything takes longer, including having to do things normally delegated.

• Loss of efficiencies and impact on relationships due to absence of inperson communications • I am the primary litigation attorney in our office. Working remotely does not allow for the review of exhibits and preparation of discovery responses easily on a small screen. It is necessary to compare documents and lay them out to be able to see their use for evidence or for discovery. In addition, I dictate my pleadings, motions, mem/law, discovery response and our software has not allowed for seamless dictation and transcript over our VPN when our computers are brought home.

In fact, it has been a failure so far.

• Remote access is slow; staff not working because distracted at home and by the news, inability to interact with clients.

• Efficiency and communications are strained.

Please provide additional feedback on any concerns with your continuity of operations.

• I am behind on rent now.

• If the current economic shutdowns continue into summer, my options will be much more limited.

• Workers Compensation liability is the buzz I am hearing. When do we bring people back? What precautions do we take? We can't find supplies to have the office stocked. I meet with clients 4-5 hours a day. I represent seniors. They are not jumping on a zoom meeting. I have to provide a safe environment for them to be in and I am not sure I can provide that.

• Have real concerns about FL opening businesses up too soon as right now we have no problem with participants agreeing to mediate by Zoom. Do not wish for participants to begin wanting to come to office in person to mediate while Pandemic is still in full bloom and no vaccine on near horizon.

• Collections and thus payment of firm expenses, including payroll, in the months ahead due to slow times now.

Did you, or your firm, apply for the Paycheck Protection Program (PPP) or Economic Injury Disaster Loan (EIDL) government funding? If so, was your application accepted and funding granted? If funds were received, how long did it take? In the case of PPP, what financial institution did you use?

• We applied for the PPP SBA loan last week and we were approved the day it was filed. We should receive the funds this week. We used Beach Community Bank at Garden and Baylen Streets in Pensacola.

• Yes, applied at Wells Fargo. No funds received.

• Yes. 48 hours. ServisFirst Bank.

• No; we thought other businesses were in much greater need of it.

• Yes they say it is approved last week but have not got the money yet. I applied on April 11 and was approved April 30th. I used Regions Bank.

In which of the following areas would you like programming support?

Which of the following best describes the size of your firm?

Number of Attorneys

14% 29%

5% 14%

38%

Solo practice 2-5 6-15 16-24 Over 25 ll We

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Summer 2020 | 9

Did you experience any decrease in your business in the past 30 days?

0–10%

24%

Reported Business Loss

11–20%

41–50% >50%

93% No 7% Yes

27%

21–30% 31–40%

Have you been forced to reduce staff during COVID-19?

17% 10%

When will you feel comfortable attending in-person ESRBA events?

7% 15%

Please share any additional feedback regarding ways ESRBA can support its members.

• I need to take advantage of the CLE library while I have some down time.

• Continue providing information on administrative changes in the courts.

• Lobby for more funding for the Courts.

I can see this putting a massive strain on a system that is already underfunded.

While I think information overload is accurate as it relates to CLEs, I do think in the near future there needs to be courses offered on workers comp. and how to handle staffing challenges with remote staff. Thank you.

• How about a survey of the local judges about their plans for summer trials and hearings once the stay has been lifted? It's my understanding that the individual judges will decide whether criminal trials will take the place of civil trials. Once jury trials resume, which general jurisdiction judges plan to bump their civil docket to make way for criminal trials?

• Keep doing what you are doing. We appreciate it.

29%

33%

29%

2% Jun–Jul

Aug–Sep

Oct–Nov

7% After Jan

Unsure

10 | The Summation

The Power of Association

by Eric Schurger

practice in that area of law. David recalled, “Several months ago, I was very fortunate to meet Patrick Beck at a Bar Luncheon. At the time, I needed extra help on a few projects at my office and was just beginning my search. I hired Patrick and could not be more satisfied. I am very happy I went to the Bar Lunch that day.”

Since then, Patrick has also passed the Pennsylvania Bar Examination and joined the ESRBA. He took The Florida Bar Examination in February 2020. He attends our meetings regularly and is poised for continued success in our legal community.

M

y love for the Escambia-Santa Rosa Bar Association (ESRBA) dates to 1993. I was a paralegal fresh out of the University of West Florida. My employer, Bob Crongeyer, took me to several ESRBA meetings over the course of a year. I was hooked.

During that time and since, I have seen the power of this association many times through information and networking. My most recent experience with Patrick Beck is poignant.

Patrick and I were in the ESRBA office at the same time one day last August. I was on some errand; Patrick was looking for information and employment. We chatted, and I learned his story. He finished law school in Pennsylvania, took the bar examination in that commonwealth, and was housesitting locally while waiting for the results. I invited him to send me his resume and offered to buy him lunch at the next ESRBA meeting.

Patrick sent me his resume and I made several edits that I thought would work in our job market. We met for lunch in Gulf Breeze and confirmed that we would meet again at the next ESRBA luncheon.

At the September 2019 Bar Luncheon, he and I sat at the same table with David Carroll. I introduced Patrick to the membership as a guest and law school graduate awaiting Pennsylvania Bar Examination results.

After the meeting, David asked for Patrick’s resume. I forwarded it from my iPhone because I had the edited copy in my email. Patrick was on his way to Pennsylvania for several days, and I asked him to contact me when he returned. I did not think about it in the meantime.

David interviewed Patrick in early October and hired him the same day. It was a good match of Patrick’s clinical experience in family law with David’s

Patrick had the following to say about the ESRBA: “Coming from Pennsylvania and being new in town, I was expecting to have a more difficult time establishing myself. But, after getting involved with the Escambia-Santa Rosa Bar Association, I was able to interact with many members who were more than willing to help me out.”

David also finds great value in association membership. He says, “I find the Bar Meetings are a great place to meet fellow attorneys and other members of our legal community. I have been a family law attorney in Pensacola more than 25 years, and I continue to meet new people every time I go.”

Please encourage other attorneys to join our local bar, especially new lawyers.

There is power in our association.

Eric Schurger practices locally and is a Past President of the ESRBA.

Summer 2020 | 11

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

Updates from the Clerk's Traffic Division

E

ffective January 1, 2020, two major changes went into effect regarding the use of wireless communication devices while driving.

House Bill 107, approved by the Governor on May 17, 2019, amended section 316.305, Fla. Stat., making texting while driving a primary offense. House Bill 107 also created section 316.306, Fla. Stat., making use of your phone or other wireless communication device while driving within a work or school zone illegal.

Section 316.305, Fla. Stat., also known as the Florida Ban on Texting While Driving Law, prohibits a person from operating a motor vehicle while manually typing or entering letters or other characters into a wireless communications device. The law also prohibits reading of such data on a wireless communication device. A wireless communication device is defined broadly in the statute to encompass many of the handheld devices, like phones, we use on a daily basis.

Section 316.306, Fla. Stat., a new section of the Florida Statutes, prohibits the use of a wireless communications device in a designated crossing, school zone, or work zone. The statute does provide a list of exceptions, for example, reporting an emergency or criminal activity to law enforcement. Also, as is the case with both statutes, a motor vehicle that is stationary is not subject to the prohibitions. More information about these two new laws can be found online through the Florida Department of Highway Safety and Motor Vehicles’ (“Department”) website at flhsmv.gov/focusondriving.

While these two sections of statute are related and similar, the process after

issuance of a citation is different. An initial violation of the Florida Ban on Texting While Driving Law is treated as a nonmoving violation, while any second or subsequent violation within five years is punishable as a moving violation.

One of the major differences between a moving and a nonmoving violation is the assessment of points by the department.

As with other moving violations, such as speeding, a violator may be eligible to elect to attend a basic driver improvement course to avoid the assessment of points.

Completion of a basic driver improvement course not only avoids the assessment of points but also decreases the amount of the civil penalty. This discount was recently doubled by Florida Legislature. Effective January 1, 2020, section 318.14(9), Fla. Stat., was amended to provide an 18 percent reduction of the civil penalty for a noncriminal traffic infraction when a violator elects to attend a driver improvement school. This change returns the statute to its pre-2009 language.

Section 318.15(1)(b), Fla. Stat., was also amended to provide that the 18 percent discount, plus a processing fee of $18.00, must be paid if a violator elects and then fails to attend the school.

Unlike a first violation of the Florida Ban on Texting While Driving Law, a citation under section 316.306, Fla. Stat., for using a wireless communications device in a school or work zone is a moving violation upon the first offense. By statute, a violation of this section adds 3 points to the violator’s license. The statute further provides that, in lieu of the penalty and points, a first-time violator may participate in a wireless communications device driving safety program approved

by the Department. This safety program is different than the basic driver improvement course referred to previously.

In fact, the approval procedure for the wireless communications course is still being developed by the Department.

Proposed rules were issued by the Department in late 2019 and a workshop on the proposed rules was held on January 24, 2020. The Clerk does not maintain a list of approved programs on the Clerk’s website, but does provide a link to the Department’s website where more information can be obtained about approved courses. Currently, a driver may only elect to attend the basic driver improvement school five times; however, participation in the wireless communications device driving safety program does not count towards this lifetime limit. Lastly, section 316.306, Fla. Sta., provides that the Clerk may dismiss a case and assess costs for those first time violators of if the violator shows proof of purchase of equipment that enables the violator’s personal wireless communications device to be used in a hands-free manner.

As a final point, the Clerk’s Office recently revised its entire website. The Clerk’s revised website is mobile friendly and provides a better user experience. To view more information on traffic offenses please visit escambiaclerk.com and type “traffic” in the search bar. Traffic citations and court costs for criminal cases can also be paid online by visiting pay.escambiaclerk.com.

Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller.

12 | The Summation

T.A. Shell:

A Man of Many Titles

by Shekka Drayton

T

HURSTON ALBERT SHELL IS A MAN OF MANY TITLES: founding President and President Emeritus of the EscambiaSanta Rosa Bar Association, Lieutenant, Eagle Scout, Chairman, and Partner.

After sitting down with him one windy day in his cozy home, it became evident that his most cherished accomplishments came from his devotion to his faith, family and firm. T.A.

Shell shared a grippingly candid oral rendition of his life, much of which has been recorded in his autobiographical, selfpublished book, Happy Tales from a Lucky Fellow. With his blessing, we explore the riveting journey that molded the legend we know today.

With generational roots in both the Baptist and Methodist church, T.A. was destined to lead a life defined

by devotion. Following the example set before him, T.A. served as youth Sunday School teacher and Chairman of the Deacons at First Baptist Church. Many are familiar with the phrase of needing “faith the size of a mustard seed.” Anyone who knows T.A. is certain he has faith the size of Texas. It is his unwavering faith that carried him from his humble beginnings in Century to his well-deserved comfort in retirement. Although he entitled his autobiographical work Happy Tales from a Lucky Fellow, T.A. does not solely contribute his good fortune to luck, but to his Christian faith. It is, after all, how he came to meet his lovely wife, Eloise.

Divine intervention, by way of church renovations, led the two to cross paths. His Christian faith remains an immutable pillar of his life as does his family.

Thurston Albert Shell—a name borne out of reverence and recognition of his father, maternal grandfather, and paternal grandfather, respectively. T.A. wears the title of family man like a badge of honor. Second to his doting maternal and paternal grandparents, T.A.’s parents set the best example of what a marriage should be.

T.A. witnessed his parents’ modest start as educators in Century and vividly recalled their many hardships throughout the war. Their love proved stronger than any of life’s adversities.

Despite the challenges, T.A.’s early roots in Century and Pensacola cemented his love for this community. As did his parents, T.A. settled and raised his family in Pensacola.

Long before T.A. made a name for himself in the practice of law, he found himself employed as a baseball coach and hardware store attendant. T.A. humorously recounted his youth employment as a coach and store attendant. His reflections during his time in the Army took a more solemn tone as he discussed the reality of serving as a lieutenant during the Korean conflict in the then segregated United States Army. He noted that many of the values instilled in him as an Eagle Scout—those of community, brotherhood and unity— helped him navigate the reality of being one of two white men alongside one hundred and five black soldiers. Ultimately, their service forged bonds. T.A. emotionally recalled, “My black sergeants took care of me.” T.A. proudly led

Summer 2020 | 13

and served alongside black soldiers years prior to the Army’s desegregation.

After returning from service and completing his education, T.A. continued his trailblazing path in Pensacola. T.A. amusingly recounted his lack of success in convincing local attorneys to hire him upon his return.

Forced to hang his shingle to make ends meet, T.A. rented an office space and purchased a mahogany desk for $100— a desk he still owns to this day. As a novice attorney, T.A. ingeniously invented a method of feigning his legal expertise. He explained how he would have a “coughing fit” if a client asked him a question he could not answer. He would abruptly excuse himself and run to the neighboring attorney’s office for the answer.

After returning from his “coughing fit,” he would then continue to counsel his client. Those coughingfit-solo-practitioner days took a winding path to what we now know as one of the most well-respected firms in Pensacola’s history: Shell, Fleming, Davis & Menge, P.A. After decades of service, the firm’s closure poetically coincided with the ushering in of 2020. Although the firm has closed its doors, its presence and influence remain evident. The words of Louella Conn, a legal secretary with the firm for 35 years, beautifully capture T.A.’s legacy.

I was blessed to have worked for T.A. Shell, a man of honor

and integrity who is held in high esteem by all who know him. He works tirelessly in the best interests of his clients and genuinely cares about them.

In addition to those qualities, which made my job very rewarding, his mild manner, sense of humor and many colloquial expressions created a pleasant and enjoyable work environment. Personally, he has always treated me with respect, kindness and concern for my well-being, and I miss spending time with him on a regular basis.

T.A. Shell’s professional and civic contributions to the Escambia community are numerous and profound.

His mentorship and positive influence have reached our judiciary and continues on through the attorneys who were lucky enough to have learned from him. Looking back with the 20/20 vision of retirement, it is not his million-dollar verdicts nor his professional accolades that are the source of his contagious contentment—

it is his unwavering faith, loving family and unyielding work ethic that speaks to a life well lived and a job well done. As he enjoys the quiet life of retirement, the Pensacola community collectively and figuratively tip our hats to the lucky fellow, wishing him countless more happy tales.

14 | The Summation

Law Week 2020 Prior to the decision to cancel Law Week 2020 due to COVID-19, The Northwest Florida Paralegal Association, Inc. and the Escambia-Santa Rosa Bar Association announced the annual essay contest for high school students. In consideration of the Law Day 2020 theme “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100,” the students were asked to provide their perspective on the issue of lowering the voting age to 16. The essay selected for publication is by Meghan Shally, a senior at Pensacola Catholic High School.

Should the Voting Age Be Lowered to 16?

Many things that make our country different from other countries around the world. Our form of government is among those things. As a Democratic nation, we give our citizens the right to vote. This right is a responsibility that our citizens take very seriously. Voting is a way for the people to elect someone to lead them and speak for them. In order to determine who to vote for, citizens should be informed and understand what the values and ideology is for the candidate for whom you want to vote. Due to the enormous role that Government plays in our lives, citizens need to be well informed about the person who they are voting for.

There has been much discussion regarding the age at which a citizen should have the right to vote. I believe that eighteen is the appropriate age to start voting. I believe by the time you’re eighteen you’re mature enough to make the decisions that come along with voting. At eighteen you have been taught about Government and have learned how to research and understand most topics. Any younger, maybe sixteen, the citizens have many other things to learn. They are learning to drive, get jobs and just beginning to learn the role of Government in their lives. Sixteen yearold citizens may not be mature enough to make well informed decisions that determine the country’s future. Most sixteen-year olds do not yet know how the elections work because they have not taken a government class yet. Speaking

from experience, I did not know about how the elections worked until I was a junior in high school after taking a government class. It was difficult to understand all of the rules and the process that was involved with elections. The younger a person is, the more likely they are to be influenced others without making their own decisions.

Most younger teenagers are still influenced by a world driven by the internet and they tend to believe everything they hear on tv or read on the internet. Adults and friends can also easily influence their decisions.

To most teenagers, under the age of eighteen, politics isn’t an interesting topic.

Most younger teenagers will have very little interest in the process and voter turnout for this age group would probably be very low. Most younger students have no interest in current affairs.

In today’s society, eighteen year olds have been raised that this is the age of adulthood. They have been taught that at eighteen they are given the responsibility to vote and hopefully leading up to this milestone, they have begun to do their research and will take this responsibility seriously. As an adult, you are expected to have your own opinions and thoughts about what you stand for to be able to vote for a specific candidate.

Maturity comes with age and experience.

Voting is all about making informed decisions. Most students that are still

in high school do not have the maturity or understanding of the complexities of government and the power of our right to vote. It is this age group that must be educated and provided information so that when they reach the age of eighteen we can be comfortable that they have been given the tools to be responsible voters. We have to give this age group time to grow and mature so they can better understand the effects of their choices and understand what voting truly means for the nation.

Having just turned eighteen, I understand the pressure for voting. My parents always make sure to remind me to do my research and always have a good reason behind your choices. They do not want me to base my votes off of what I hear or see on TV, which is what a lot of the younger kids would do if they were allowed to vote. The voting age should not be lowered to sixteen for these reasons. When it comes down to it, someone who is sixteen is just not ready to make such a big decision. They are not mature enough to understand the system or what they are even voting for.

People who are already educated on the subject are able to make better choices and are able to apply that knowledge to voting. It is all about maturity and being able to make informed choices.

Teenagers today will believe anything that is on the TV or the internet which is not all true. They need to be able to take time and research for themselves instead of taking someone else’s word for it.

Sources: National Archives and Records Administration, National Archives and Records Administration, catalog.archives.gov/id/1634228.

Wagner, Markus, et al. “Voting at 16: Turnout and the Quality of Vote Choice.” Electoral Studies, Butterworths, June 2012, www.ncbi.nlm.nih.gov/pmc/articles/PMC4020373/.

“Jan Eichhorn.” Edited by Jan Eichhorn and Johannes Bergh, SpringerLink, link.springer.com/book/10.1007%2F978-3-030-32541-1.

Summer 2020 | 15

ESCAMBIA SANTA ROSA BAR ASSOCIATION (ESRBA) Mission

Provide outstanding service to our Members, assist them in serving the profession and the community, and make the Association indispensable to the bench and the Bar, and to preserve and promote Escambia & Santa Rosa counties as a unique place to practice law in a culture of camaraderie, collegiality, competence, and mutual trust.

Why Be a Member of the ESRBA? We serve you—our Members—by fostering relationships amongst our Members • Monthly Luncheons and Quarterly Socials • Annual Holiday Party • Continuing Legal Education seminars (CLE) and Bi-Annual First Circuit CLE Cruise • Law Week Events We serve you—by sponsoring, hosting, and creating publications geared at improving the practice of law for our Members • The Summation Weekly Newspaper • The Summation Quarterly Magazine • Annual Membership Directory We serve you—by promoting, advertising, and highlighting our Members within the Association, the Judiciary, and the community at-large • Round table lunches and other engagement opportunities with the Judiciary • Member “Spotlight;” Social media Member Mondays and Firm Fridays • Lawyer Referral Service • ESRBA website Premium Profiles We serve you—our Young Lawyers—by introducing you to the members of the legal community and providing social and networking opportunities • Happy Hours and Luncheons • Holiday volunteer events • Panel discussions

What More Would YOU Like Us to Do? It is up to you—our members! The ESRBA welcomes your input and suggestions. Please feel free to email ESRBA Membership Chair Frederick V. Longmire at flongmire@osa1.org or the ESRBA at esrba@esrba.com with your ideas, input, and suggestions.

16 | The Summation

Attorney Adam White Installed as President of the Young Lawyers Division of the Florida Bar

by Melissa Dandridge issues that actually matter to young lawyers, issues that make our profession better.

It was amazing and it was inspiring. In that first year, I knew that I wanted to give the board my best effort, so that one day, I might have the privilege to lead it. I am honored that time is now.”

O

President and current ESC attorney, Alan Bookman.

White has served on the YLD Board of Governors for five years. In his acceptance speech, he attributed his involvement with the YLD to former Florida Bar

“One day, Alan Bookman called me into his office and told me I should run for the YLD Board of Governors. Truthfully, I had never heard of the ‘YLD’ – and I later realized he was referring to the Young Lawyers Division.

Still not fully appreciating what being a member of the YLD Board meant, but wanting to impress my new boss, I ran for the open seat,” said White.

“After I was elected, I found myself surrounded by the best and brightest attorneys from all around the state. I listened that first year in awe of the issues this board discussed,

n Friday, June 19, Emmanuel Sheppard & Condon (ESC) attorney Adam J. T.W. White was installed as president of the Young Lawyers Division (YLD) of the Florida Bar. The ceremony was held virtually in Pensacola due to COVID-19 concerns and was originally scheduled to take place in Orlando at the Florida Bar Annual Convention.

In his speech he mentioned three main areas of focus for his presidency. First, he will ensure all initiatives include diverse speakers and participants, and that they promote inclusion.

Second, he will oversee the online resources YLD offers its membership and ensure they are relevant to the virtual atmosphere young lawyers are working in today. Third, he will oversee the YLD’s partnership with the Henry Latimer Center for Professionalism to develop and maintain long-term professionalism and ethics programming for Florida law schools and Florida young lawyers.

“Taking on the presidency of The Florida Bar Young Lawyers Division requires one to have great passion and dedication for the legal profession, and to the members of the YLD,” said Thomas Miller, Program Administrator of the Florida Bar. “Adam has the passion, dedication and an unwavering work ethic that will serve him well as president. I look forward to his presidency

and all the accomplishments he and the YLD Board of Governors will achieve.”

Since joining ESC in 2014, White has primarily practiced general civil litigation with an emphasis in construction law, contract and commercial litigation and employment law. He became a shareholder of ESC in 2019. As an active member of the community, he serves on the board for the Ronald McDonald House Charities of Northwest Florida and is a past president of the EscambiaSanta Rosa Bar Association, Young Lawyers Division.

White earned his Juris Doctorate in 2010 from Florida Coastal School of Law in Jacksonville, Florida, graduating Summa Cum Laude. Before law school, he attended the University of Missouri (Mizzou) in Columbia, Missouri.

White’s installation as YLD president continues ESC’s long history of service with the Florida Bar, which includes two past presidents, Patrick G. Emmanuel (1985-1986) and Alan B. Bookman (20052006), as well as four members of the board of governors: Gerald L. Brown, Al G. Condon, Patrick G. Emmanuel and Alan B. Bookman.

Summer 2020 | 17

UWF Legal Studies Students Observe Oral Arguments by Sarah Stickle Upon entering the First District Court of Appeals, one sees the following words: “The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.” These words boldly declared the reason why a group of UWF students traveled to Tallahassee—to see our State’s legal system provide a fair chance for all to be heard by an unbiased court and in a timely fashion. Being able to witness this process is a privilege that every citizen has, yet not many have the opportunity to actually do so. The law impacts almost everything we do as citizens, so being educated about how our courts operate is crucial. Luckily, there are programs like the Legal Studies program at the University of West Florida that offers the chance for students to explore Florida’s courts of last resort.

UWF Legal Studies Professor Jennifer Brinkley took a group of students to Tallahassee to visit both the First District Court of Appeals and the Florida Supreme Court. The day started at the First DCA. Judge Ross Bilbrey took students on a tour of the building and his chambers.

After the tour, we watched one oral argument then

had coffee with the judges and lawyers in the rotunda outside the courtroom.

Following coffee, we observed two oral arguments.

Then, three judges, Lori Rowe, Ross Bilbrey and L. Clayton Roberts, took time to allow us to ask our questions about their lives, including how each of them got to be where they are now and the importance of these “last resort” courts.

The judges explained that cases are randomly assigned to judicial panels, which allows every party a fair chance at a resolution without fear of any potential political bias interfering with the ruling.

This unbiased assigning gave me confidence in our system and demonstrated that politics do not play a part in the decisions. We were told that about 90 percent of the time the judges will affirm the lower court’s decision; only when a person’s rights or a law has been violated will they reverse a ruling. The judge’s personal opinions have nothing to do with the outcome of the cases before them.

Judge Lori Rowe was the most inspirational to me, as she is in the running for a spot on the Florida Supreme Court. When we toured the Florida Supreme Court in the afternoon, we discovered

out of 89 Florida Supreme Court Justices, only 4 have been women. This fact was not particularly shocking to me, yet it was encouraging to know there is potential for another woman to serve on the bench. Increased representation in the higher levels of the courts will bring additional perspective when dealing with legal issues. We ended the day with a tour of the Rare Book Collection archived within the Florida Supreme Court library.

This experience was riveting, and I am grateful that I was able to meet such honorable and inspirational individuals.

Having this opportunity allowed me a chance to see where the decisions that affect us all are made and to speak to a few of those individuals making those

decisions. Without the UWF Legal Studies program, I never would have had a chance to see these legal proceedings in action or so closely appreciate that there is a possibility for someone like me to practice in front of these courts. It is clear that our judiciary cares about the future generations of citizens and wants to inform individuals about how the law works. They understand the importance of educating the next generation about our legal systems and individual rights. The cases decided in these courts are far-reaching and display the importance of a fair and unbiased court.

18 | The Summation

Former Bar President Emmanuel Celebrates 100th Birthday

by The Florida Bar News leave and enrolled for his last year in law school. When he was discharged at the end of the leave, he was able to start school with the rest of the class and graduate on time in 1946.

He returned to his native Pensacola and joined the law firm, Holsberry and Holsberry. A year later, he became a partner and his name was added to the firm, which is now known as Emmanuel, Sheppard and Condon. (The firm is celebrating its 107th anniversary this year.)

“The main thing is you have to be honest.

You have to be truthful, in what you do, in what you say, and how you act.”

It would be an understatement to call that the voice of experience, because it comes from Patrick G. Emmanuel, the 198586 president of The Florida Bar, who recently celebrated his 100th birthday.

On that day, January 25, the city of Pensacola honored Emmanuel, a World War II combat veteran, at Veterans Memorial Park.

Emmanuel, in an interview, remembered how the war interrupted his legal education. He completed his bachelor’s degree in business administration at the University of Florida in 1940, at the same time finishing his first year of law school while also participating in ROTC. After another year in law school, he was called to active service in August 1941 and was eventually commissioned a second lieutenant.

Four years later, including service in Europe from late July 1944 until the end of the war, then-Major Emmanuel returned to Gainesville on a 90-day

“Mr. Emmanuel was and is a lawyer’s lawyer. His clients, some of whom he represented for over 50 years, would not make any decision until they ‘ran it past Pat,’” said Alan Bookman, a partner in the firm, and like Emmanuel, a former Bar president. “I could not have had a better mentor, not only in the practice of law but also in life. Pat, by his actions and not his words, showed me and many young lawyers how to properly represent a client ethically and professionally and how to treat other lawyers, litigants, and the court with dignity.

To Pat, the law is a noble profession and should not be viewed as a job.”

Bookman added, “Sometimes I did not know how Pat had the time to practice as lawyers in our office and other offices constantly would ask Pat for advice on how to handle a particular matter.”

In addition to his busy practice, Emmanuel was elected to the Board of Governors in 1968, and served until 1974.

When the First Circuit seat came open in 1982, his fellow lawyers urged him to run again and then for Bar presidentelect in 1984. He won a three-way race in a runoff, and became Bar president in June 1985 — right after the Board of Governors voted to ask the Supreme Court to establish the Bar’s initial required continuing legal education requirement.

Emmanuel opposed the mandatory requirement, but saw his job as president to implement the program and provide quality programs at low or no cost to lawyers to enable them to comply with the requirement.

He also streamlined board meetings and began the practice of having the president preside over the entire meeting, rather than have Board of Governors committee chairs control discussion and debate during their reports. Emmanuel’s goal was to use the saved time to allow more participation and debate on important issues.

“The Board of Governors is a great group of lawyers, they achieve a lot of good work,” Emmanuel said.

Aside from his practice and Bar service, Emmanuel served on the board of the Northwest Florida Crippled Children’s Home and for 30 years, including 10 as chair, on the board of the Sacred Heart Hospital in Pensacola. Among his many professional related activities, Emmanuel served on the board and was president of The Florida Bar Foundation and on the federal Judicial Nominating Commission from 1974 to 1981.

Among many honors, in 2002 the Pensacola Chamber of Commerce gave Emmanuel its Spirit of Pensacola Award, and he has also been honored by the Combined Rotary Clubs of Pensacola and the University of West Florida College of Business.

Like his professional activities, Emmanuel’s military service was beyond the expected.

He served in the 630th Tank Destroyer Battalion, which was mostly attached to the 28th Infantry Division, although it sometimes worked with other divisions.

He landed in Normandy on July 24, 1944, the day before the allies launched

Summer 2020 | 19

Operation Cobra, which broke out of the Normandy beachhead and hurled the German forces back across France. The division and attached battalion saw their first action on July 28 and participated in the routing of the German army.

From there, the 28th and 630th suffered heavy casualties in the Hurtgen Forest battle and was sent to a quiet area to recoup and absorb replacements. It was the Ardennes Forest and on December 16 the spread-out division (because it was thought to be a quiet area, U.S. forces manned an extended front and the 28th was stretched the most) was attacked by four German divisions, including one panzer unit, at the start of the Battle of the Bulge.

Outgunned, badly outnumbered, and frequently out of communications, the division and battalion fought a bloody but effective delaying action that completely disrupted the German plans for a rapid advance and capture of Bastogne, allowing the 101st Airborne to win the race for that vital road junction.

The cost was high. In “A Time for Trumpets,” a detailed account of the Battle of the Bulge, military historian Charles B. MacDonald listed the 28th Division’s heavy losses in the first two days, including, “the 630th Tank Destroyer Battalion lost most of its men and all but six of its towed guns” (a full-strength battalion would have 36). Emmanuel was awarded the Bronze Star for his actions during the battle.

“These were the days that tried men’s endurance and units’ fighting stamina,” Emmanuel wrote in a 10-page summary of the battalion’s WWII experiences.

“The 630th never faltered in either respect. Clerks, cooks, rear echelon personnel — all were given new jobs calling for guts and ability.”

“I believe lawyers need to be honest and truthful.

That’s the main thing.”

The 630th went on to fight in the Colmar Pocket and then in late March and early April in the Ruhr Pocket, which resulted in the capture of more than 300,000 German prisoners. In the final days of that action, Emmanuel recorded that the battalion “destroyed 6 enemy tanks, two 88 mm SP [self-propelled] guns, various other vehicles and equipment and captured approximately 1,674 prisoners.”

Emmanuel became acting battalion commander just days before the war ended and continued in that post until the end of 1945.

Emmanuel spends his days in his beloved Pensacola with his wife of 72 years, Olivia, and keeping track of their seven children, 12 grandchildren, and seven greatgrandchildren “with one on the way.”

“I’m just taking it easy, my health is very good. I go out and eat once or twice a week,” he said.

Asked for any additional thoughts, Emmanuel is prompt: “I believe lawyers need to be honest and truthful. That’s the main thing.”

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20 | The Summation

Highschool Mock Trial Competition

by Judge David Langham The case of State v. Murphy was called repeatedly in February at the M.C. Blanchard Judicial Building for the Justice Teaching Center High School Mock Trial Program. This opportunity immersed 26 local students in our profession. Each team consists of three attorneys and three witnesses. They try a hypothetical case replete with conflicting factual assertions, expert opinions and evidentiary pitfalls.

The contest has a long history here. One of the scoring attorneys this year confided that he was a participant in this program when he was in high school about 20 years ago when it was sponsored by the Florida Law Related Education Association. Last year, the program was adopted by the Justice Teaching Center at Florida Southern College, and it seems a natural fit with the Justice Teaching aspirations and goals.

This year, teams from Gulf Breeze, Navarre, Pensacola Catholic and Pensacola High School put their skills to work before panels of local attorneys.

They excelled both as witnesses and attorneys—they were inspiring. Their investment and effort was patent in their polish and professionalism. As the Young Lawyers Division Vice President, Travis Morock,

mentioned at the awards presentation: “professionalism is so important to the practice of law.”

This year, one round saw an unexpected pause when one competitor felt unwell. In that moment the competitors demonstrated compassion, patience and sportsmanship to which we might each aspire.

The concern of prevailing became secondary to the concern of a compatriot.

There was an immediate proposal for substitution of an alternate, and the opposing team readily agreed without dissent. That was impressive and appropriate. It was the kind of professionalism we see daily in our legal community.

As inspiring, however, was the manner in which this alternate took the podium at the last moment and delivered the closing statement for a case she had not tried. Mind you, this was a high school student, on unfamiliar (and sometimes intimidating) ground in a formal courtroom.

She took the rostrum as if she owned it and delivered the closing as if she had intended to all along. It was but one of the many outstanding performances that week.

The program could not be delivered to these students without the support of the

Escambia-Santa Rosa Bar Association’s Young Lawyers Division. Through its financial support, we use real courtrooms and are able to present awards in recognition of the student’s outstanding efforts. First place went to Gulf Breeze; in second place was Navarre; in third place was Pensacola Catholic.

Reflecting, it is noteworthy we have seen so many of these students year after year.

There is great promise in their progress and growth. It is an honor to have witnessed their development and maturation.

We are inspired by the sophomores who we expect to see again in coming years.

The competition relies entirely on volunteers. We are deeply grateful for the participation of judges Michael Allen, Lacey Clark, Michael Jones, Jonathan Walker and Gary Bergosh. The scoring judges included: attorneys Jeremy Branning; Chris

Crawford; Shekka Drayton; Lee Elebash; Brenton Goodman; Susan Harrell; Allison Hunnicutt; Alan LaCerra; Lauren Lewis; John Mahoney; Patrick Martin; Aaron McCurdy; Travis Morock; Shannon Morris; Charles Penrod; Valerie Prevatte; Shelley Reynolds; Tara Said; Kerry Schultz; and Jill Warren. Several of the judges volunteered for more than one panel.

Court administration, particularly Ana Eligio, is instrumental to our success. The Sheriff ’s Office, particularly Sgt. Tyree, keeps us all safe and facilitates our use of the facilities. The University of West Florida Legal Studies department students volunteer for timekeeping.

We also would like to thank the Escambia - Santa Rosa Foundation for its financial support. In short, this was an outstanding community effort.

Our gratitude exceeds words.

Summer 2020 | 21

What to Do When the Case You Are Preparing to File Requires Publication

by Bridget Roberts Over the last years working as the Administrator for the Summation Weekly, I have had this question come up numerous times so I want to give some tips and guidelines to help your case run smoothly and in a timely manner. There are a number of cases that require publication in a local newspaper that is qualified to print in each respective county. The Summation Weekly published notices for both Santa Rosa and Escambia Counties.

Here is a list of common cases where this should be done immediately within filing, or it can hold up the whole matter causing unnecessary delays and costing your client time and money that does not have to be spent waiting for resolve.

Probate - Requires a notice to creditors to be run for two consecutive weeks. From the notice’s first date of publication you can now calendar ninety days out to close out your matter should all other issues within the case be resolved. Thus, delay in publishing this notice could result in delaying the entire case, causing a lot of stress and anguish in an already sensitive matter.

Foreclosure – Requires both a notice of action to be run for two weeks only if all the defendants could not be served, as well as a notice of sale once the sale date has been set. The notice of sale is required to be published for two consecutive weeks with the second date of publication being five days prior to the sale date giving time for an affidavit of publication to be completed and filed with the Clerk. See Fla. Stat 45.031 (2).

Quiet Title – Requires a notice of action to be filed for four consecutive weeks if the defendant cannot be served.

Dissolution of Marriage/ Guardianship/Adoption - In the event that the respondent is not able to be served, in the alternative you can publish a notice of action for four consecutive weeks to meet due diligence service requirements for these cases.

Fictitious Name – Requires one week of publication to notify the public of intentions to do business under a certain name of choice.

There are a number of other matters that require publication. For clarification on which case types you should publish a notice for, refer to Chapter 49 of the Florida Statutes.

Now that you are aware of which cases require publication, how do you go about doing so? I have worked with both Santa Rosa and Escambia County Clerks’ offices to ensure smooth sailing of this process.

There are two ways in which you can be assured the Clerk will forward to your qualified publication of choice. The easiest and clearest way to convey your request to the clerk is to simply prepare a oneliner in bold print at the bottom of each notice stating “FOR PUBLICATION IN THE _____________” (fill in the blank).

Also, to further back up your request, you may include this request in your cover letter at the time of initial filing, or if no cover letter is prepared this request can be included in the notes section at the time of e-filing on the eportal. If neither of these requests are made either on the notice itself or in writing to the Clerk, no

action will be taken. At this point it will be up to you to e-mail the publisher directly with a copy of the signed notice as well as a Word document for easy conversion.

In my experience, some attorney’s offices prefer to send over to me directly once their notice has been filed and signed by the clerk. This ensures that they have direct communication and can calendar their case deadline accordingly. Should you choose to go the route of e-mailing the publication or myself directly in a probate matter, I simply need the Word document once the case has been filed, a case number assigned and a personal representative designated. The same goes for a fictitious name notice. You can e-mail the notice to me either in Word or PDF format as soon as the “DBA” or “doing business as” name has been assigned.

You have now filed your case, sent out your notice for publication and have reached the final publication date. Now what? To ensure compliance you will need to have an affidavit filed with the Clerk stating each date of publication and includes a notarized signature from the publisher. Different publications in different counties do things differently.

However, for the Summation Weekly the affidavit is prepared in our office and e-filed directly for your convenience.

Congratulations! You have now completed what may seem like a big extra step in the case but, all in all, is very simple once you understand the process better.

For more information, to view our publications or to contact the Summation Weekly directly please visit our website at summationweekly.com.

22 | The Summation

Your Road Map to Legal Advice Starts with the Laywer Referral Service by Noah C. Jones It is always a good idea to check with a lawyer before you make an important decision—whether you are buying a house, making a business deal, or settling a dispute. A short talk with a lawyer often tells you all you need to know—how serious a problem is, how to handle it swiftly and how to make sure it is settled for good. For nearly two decades, the Lawyer Referral Service (LRS) has been assisting the public with finding the lawyer best suited for their unique needs.

With numerous law firms, countless areas of practice, and a constant barrage of advertisements, finding a place to start can be difficult, but the guidance from the LRS coordinator removes much of the ambiguity involved with that search. We have approximately 50 attorneys who participate in the program and roughly 90 areas of practice represented. All of the attorneys who are part of the LRS must be members in good standing of our Association as well as The Florida Bar, which is the organization of all lawyers who are licensed by the Supreme Court of Florida to practice law in the state.

Though the service does not have pro bono or contingency lawyers, all of the participating lawyers have agreed to an initial 30-minute consultation at a reduced rate of $40. Fees for additional services after the first half-hour are arranged between you and your lawyer.

Another aspect of the LRS that may be of special interest is flexibility in making an appointment. A large number of the participating attorneys will make house calls, hospital calls and jail visits, as well as offer office appointments on evenings and Saturdays. Many of our attorneys and their staff also speak a wide variety of languages including French, German, Portuguese, Spanish and Swedish.

Pat Atkinson, one of our LRS coordinators, has been with the service for more than 13 years and finds it a joy to help so many people. “My nursing background has enabled me to listen, put people at ease and pull out information that is important to determining the best referral,” explains Pat. “All of the attorneys who are part of the service are also a pleasure to work with and are committed to serving our community.”

To use the service, call (850) 434-6009, complete a form on the website or send an email to lrs@esrba.com. In whichever option you decide to use, you will need to describe your situation so that the coordinator can provide you with the name and phone number of an attorney whose practice area fits the scenario.

You will then schedule an initial consultation directly with the attorney.

You know the saying about an ounce of prevention. It is true. It is always a good idea to check with a lawyer when making decisions that can have long-term, binding implications. A short talk with a lawyer often tells you all you need to know—how serious a problem is, what your options are, how to handle it swiftly and how to make sure it is settled for good.

To learn more about the Lawyer Referral Service, visit to watch a recent Coming of Age TV segment on the topic. If you feel you may be in need of legal assistance, call 434-6009. The Lawyer Referral Service is here to help you find a qualified attorney to handle your case.

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