Issuu

WITH A GRATEFUL HEART The Honorable Lisa T. Munyon sees gratitude in the small things

TECH PROS AND CONS

Michael B. Stone discusses how technology helps and how it hurts

A PUBLICATION OF

THE GAL TOOLBOX

Mexcye C. Roberts on representing children with developmental disabilities

NOVEMBER 2023 VOL. 91 NO. 9

PERSONAL ( CYBER ) SPACE The freedoms and protections in Florida’s new Digital Bill of Rights

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Contents 12 I

PERSONAL (CYBER)SPACE

About the shorter, yet critical laws enacted alongside the Florida Digital Bill of Rights

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE How to Build a Rockstar Team Amber Davis, Esq.

08 I CLERK’S CORNER

Attorneys Needed at Clerk’s Self-Help Center

The Honorable Tiﬀany Moore Russell, Esq.

10 I CHIEF’S COLUMN With a Grateful Heart

The Honorable Lisa T. Munyon

FROM THE COMMITTEES

20 I PROFESSIONALISM COMMITTEE

Professionalism Demands Cybersecurity Robert W. Borr, Esq.

22 I VETERANS COMMITTEE

16 I JOINT LUNCHEON WITH CFAWL 18 I TEACHING TIPS

Keeping Up with the Times Caroline C. Wilkerson, ACP, FRP

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32 I YOUNG LAWYERS SECTION Sean Mendez-Caitlin, Esq.

24 I APPELATE COMMITTEE Cassandra Snapp, Esq. LEGAL AID SOCIETY

26 I WHAT WE DO

Celebrate Our Pro Bono Team Jamos “Jay” Mobley, Esq.

28 I GUARDIAN AD LITEM Mexcye C. Roberts, Esq.

The Briefs

Alena V. Baker, Esq.

Michael B. Stone, Esq.

Tools in the Toolbox

30 I VOLUNTARY BAR

Techonology: How It Helps and How It Hurts

Preservation Matters

OCBA OUT & ABOUT

SIDEBAR: NEWS / EVENTS / UPDATES

ADVERTISING DEADLINES

Magazine: 10th of month prior to publication eEdition: 20th of month prior to distribution Copy: Six weeks prior to publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained herein, are those of the authors and do not reflect official endorsement by the Orange County Bar Association or its officers and directors, unless specifically stated as such. ©2023 Orange County Bar Association. All rights reserved. ISSN 1947-3968

O C B A J A N U A R Y LU N C H E O N 880 N. Orange Ave., Orlando, FL 32801 Phone (407) 422-4551 Fax (321) 430-1558 orangecountybar.org Legal Aid Society (407) 841-8310 Citizen Dispute (407) 423-5732 Family Law Mediation (407) 423-5732 Lawyer Referral Service (407) 422-4537 Foreclosure Mediation (407) 515-4330 Young Lawyers Section (407) 422-4551 _________________

the Briefs NOVEMBER 2023 VOL.91 NO.9

Editor John M. Hunt Associate Editor Ryan Tindall Columnists Alena V. Baker Sean Mendez-Caitlin Officers Amber Davis, President Arti Hirani, President-Elect Keshara Cowans, Treasurer Lisa Guerrero, Secretary Lauren Reynolds, YLS President Executive Council Stephanie Alcalde Michael Barber Lori Caldwell Carr Kate Hollis Kristopher Kest Jessica McGinnis Bruce Mount Karen Persis, Ex Officio Alisia Profit C. Andrew Roy Brandon Sapp Jennifer Thomas Jessica Travis Executive Director Rob Garay Advertising & Sponsorship Manager Ursla Gallagher Marketing and Communications Manager Reatha Cruz-Johnson

THE FIRST LUNCHEON OF 2024! Thursday January 18, 2024, 11�30am–1pm The Citrus Club 255 S Orange Ave Ste 1800, Orlando

Start 2024 oﬀ right by taking this opportunity to connect with colleagues, network with new members, and informed about the latest developments in the legal community and around the bar.

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PRESIDENT’S MESSAGE

HOW TO BUILD A ROCKSTAR TEAM

Amber Davis, Esq.,

is a managing partner at Wolter Van Dyke Davis, PLLC focusing primarily on trademark law and IP litigation. She has been an OCBA member since 2007.

The Briefs

There is no “I” in Team. This is something I have said fifty times in my life primarily when dealing with a teammate, my kids, or a child I am coaching, but it is equally applicable in the practice of law, and frankly, life in general. Being a lawyer can often be intense, demanding and extremely stressful, but a rockstar team can be a game-changer. You 100% cannot do it all on your own. I cannot tell you how many people have said to me, “I just don’t know how you do it.” But I’m not doing it; I have a loving and supportive husband, a nanny that has been with our family for 10 years, two amazing paralegals, a dedicated and hard-working associate, eight partners that I know would do anything for me if I needed it, and some of the best friends anyone could ever ask for. A book that centers around the importance of your team at work is Worth Doing Wrong: The Quest to Build a Culture That Rocks by Arnie Malham. It’s a real and practical guidebook with a fresh perspective on leadership and team management centered around the idea that perfectionism can be paralyzing and that by embracing imperfection and the learning that comes with it, you can create a more sustainable firm culture and build a high performing, rockstar team. Here are some of Malham’s tips to apply to your legal practice — and because I cannot help myself, to your life at home as well. Embrace Imperfection. This is one of the central themes in Worth Doing Wrong, and it’s a hard one for lawyers. I was part of an organization tailored to attorneys called Atticus, and the entire premise of their Practice Growth program is to kill the “great lawyer mindset.”

I NOVEMBER 2023

Sometimes 90% is really good, and almost all the time, you are not the only person that can do that project. You need to delegate, delegate, delegate, so you can free up time to do the projects you enjoy doing, to network, and to cultivate meaningful relationships with your team and your clients. Encourage your staﬀ to take calculated risks, to innovate, and to learn from their errors. Mistakes are not failures; they are opportunities for growth. Listen, I know this is a hard one to grapple with because mistakes can cost a lot of money, but yelling and screaming about the mistake will not fix it. Addressing it head on, being empathetic, and realizing that everyone makes mistakes, and it is part of the process, will. Use this as a learning opportunity with your staﬀ without passing judgment. It is important to create a safe environment with open communication, and I assure you, the mistakes will happen less and less when everyone is cooperating and invested in their job and in their team. When it comes to your life at home, I am sorry to break it to you, but there is not only one way to put the dishes in the dishwasher or to fold the clothes. Help is help and you should take it and appreciate it, even if it is not done perfectly.

Encourage Open Communication.

Create an environment where everyone feels heard and valued. Encourage your

associates, paralegal, and/or assistant to voice their opinions, concerns, and ideas. A culture of open communication fosters creativity, trust, and a sense of belonging. Of course, this also applies with your marriage and your kids. Open and honest communication will prevent a ton of arguments. It is vital to your child’s success that they feel comfortable communicating with you and know they will not be shunned and grounded for life if they tell you something you may not be happy about.

Prioritize Work-Life Balance.

This is one of the most important tips for attorneys, who often work long hours under extreme stress. We need to support flexible schedules and self-care —not only for our staff, but for ourselves. If you can tell your paralegal is having a tough day, encourage her to take a self-care or mental health day, and make a point to do the same when you need it. At home, if your kid is getting burnt out and needs a day off from practice, let them have the day off. Sports these days are insane and are unfortunately year-round. Figure out what works best for your child and be accommodating when necessary.

not the end of the world and while winning is pretty amazing, there really is no losing, you are just learning.

Recognize and Reward Excellence.

When staff feels appreciated, they are more motivated to contribute their best to your firm. Whether it is an email to an individual staff member, to the entire firm, a gift card to their favorite restaurant, or the opportunity to work an extra day from home, reward and celebrate your team’s achievements, both big and small! Words of encouragement and affirmation go a long way so use them when your team performs well. Thank you for reading, and I truly hope these tips will help you build a successful team at your office and/or at home. Nobody should do it alone!

I used to say “Practice Makes Perfect” all the time, but I have shifted to “Practice Makes Progress” because frankly, no one is perfect.

Foster a Learning Environment.

A culture of continuous learning goes hand in hand with embracing imperfection. Encourage staﬀ to seek out professional development opportunities and to share their knowledge with each other. Conduct regular team meetings where information can be shared and create mentors within the firm so that knowledge sharing is the norm. I used to say “Practice Makes Perfect” all the time, but I have shifted to “Practice Makes Progress” because frankly, no one is perfect, and I do not want my kids to think that they need to be perfect. If they had a horrible game and couldn’t score a bucket if their life depended on it, it just means they need to keep trying, keep practicing, and keep learning. It is

New Members ATTORNEY MEMBERS

Julia N. Andersen Nicolas T. Burnosky Gahodery K. Cambry Jeﬀ Cosby Sarah M. Dinon Joy Goodyear Austin D. Hogan Kwesi Korreh

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CLERK’S CORNER

ATTORNEYS NEEDED AT CLERK’S SELF HELP CENTER The Honorable Tiﬀany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

As those of us involved in the legal community are all too aware, there is a need for legal assistance for those who simply cannot afford an attorney or are otherwise unfamiliar with the legal process. These folks come through our doors daily, looking to file a complaint, respond to an action, or simply try to determine the next steps in the process. My office’s Self Help Center represents an opportunity for those customers to get the answers they need. Plus, as we all continue to navigate through these post-pandemic times, our Self Help Center continues to see an increase in these pro se litigants. This increased need continues to create a demand for the number of attorneys we have available to provide legal assistance and make sure some of our most vulnerable populations have access to justice. To that end, that is why I am making a special plea again for attorneys who want to give back to our community for those who can’t afford traditional legal assistance. All attorneys are welcome, but there is also always a special need for bi-lingual attorneys who speak Spanish, Creole, and Portuguese. If you can assist, I encourage you to apply by contacting the OCBA. If you are not aware, all our Self Help Center attorney consultations are now virtual on Monday, Tuesday, Wednesday, and Friday. These attorneys provide legal assistance to pro se litigants who need help with legal forms and who have procedural questions regarding family law, small claims, and landlord/tenant issues. I also want to take time to thank the OCBA and all its attorneys for helping my office to continue to increase better access to justice to our community. This important partnership continues to be crucial as this panel of OCBA attorneys in our Self Help Center provides much needed legal information. I am committed to increasing access to the courts for the citizens of Orange County. This includes efforts to increase knowledge about the role of the courts and clerks, and offering online services and information to court users, including those who are self-represented. Until next time,

Tiﬀany Moore Russell Orange County Clerk of Courts

The Briefs

I NOVEMBER 2023

16TH ANNUAL BREAKFAST OF CHAMPIONS SPONSORSHIP PACKET

NOVEMBER 16, 2023 8 AM - 9 AM What Is BOC? The Breakfast of Champions is the Legal Aid Society's largest event of the year! Former clients, staff, board members, and community partners gather to share heartwarming stories and pertinent information about our organization.

How Do I Sponsor? To sponsor or to register for this year's virtual event, simply scan the code below or type linktr.ee/breakfastoc into your browser for more information.

HOW WILL MY CONTRIBUTIONS HELP? Funds raised during the Breakfast of Champions event will be used to provide free, quality legal assistance to Orange County's low-income and vulnerable residents.

$15,000 CAN HELP ASSIST 1,500+ ABUSED & NEGLECTED CHILDREN $10,000 CAN HELP ASSIST 1,000 RESIDENTS FACING EVICTION $5,000 CAN HELP ASSIST 850 DOMESTIC VIOLENCE VICTIMS $2,750 CAN HELP ASSIST 500 VETERANS & SENIOR CITIZENS $1,000 CAN HELP ASSIST 250 VICTIMS OF HUMAN TRAFFICKING $750 CAN HELP ASSIST 75 FAMILIES WITH DEBT RELIEF

A COPY OF THE OFFICIAL REGISTRATION NUMBER 85-8012557303C-7/CH396 AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE 1-800-HELP-FLA (1-800-435-7352) WITHIN THE STATE OR BY VISITING THEIR WEBSITE AT www.FDACS.gov. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.

Contact Donna Haynes 407-515-1850 | boc@legalaidocba.org | www.legalaidocba.org

CHIEF’S COLUMN

WITH A GRATEFUL HEART The Honorable Lisa T. Munyon is the Chief

Judge of the Ninth Judicial Circuit Court. She has been an OCBA member since 2000.

The holiday season is here. Halloween is behind us. Christmas lies ahead. And Thanksgiving appears for a moment as a pitstop between the two. Or at least that’s how it seems, even though most of us don’t feel that way. However, when Christmas shopping starts in July and Halloween decorating starts after Labor Day, it’s hard to keep proper focus on Thanksgiving. You’d think it’d be easier. In a culture that values more for more’s sake, cultivating gratitude is our opening salvo. We are keenly aware the benefits that a grateful heart bestows. We seek to come armed in every situation with mindful attention and appreciation. And, yet, we still so easily lose focus. This is not a character flaw. Maintaining prolonged focus on anything is diﬃcult. There are hundreds of daily occurrences competing for our attention. And in our field, it’s not overstating to say that some of these occurrences are lifeand-death matters. The law is littered with minute, highly important details, all of which demand our focus. Gratitude may be

Aesop said it best: “The grateful heart will always find opportunities to show its gratitude.” Those opportunities are everywhere. We just often fail to recognize them.

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in our hearts, but it just can’t always edge its way past the thousand-and-one things preoccupying our minds. This, too, is not a character flaw. There is much to be said for our grateful hearts. In fact, Aesop said it best: “The grateful heart will always find opportunities to show its gratitude.” Those opportunities are everywhere. We just often fail to recognize them. Many are small and simple and look nothing like what we imagine gratitude looks like. And maybe that’s because we don’t see gratitude as deeds or acts at all. Most of us think of it in terms of words — something we say, not something we do. But John F. Kennedy got it right when he said that “the highest appreciation is not to utter words, but to live by them.” So what do these opportunities to show gratitude look like when we live by the guidance of our grateful hearts? It looks a lot like holding the elevator doors; letting someone merge into your lane on I-4; checking in on a friend; sharing your favorite recipe or better yet, cooking it for someone then sharing it; playing games with your kids; paying for the person’s Starbucks order in the car behind you; smiling at everyone. It looks a lot like the OCBA committing to pro bono work; explaining diﬃcult legal concepts to clients for the third or fourth or fifth time; being respectful to opposing counsel and opposing parties; being on time and on point. It looks a lot like writing — at least it does for me in this moment; taking the time to put my thoughts on paper; recognizing the hard work — your hard work, your perseverance, your commitment — acknowledging it publicly and naming it.

And while Aesop tells us that our grateful heart will always finds ways to show gratitude, and JFK reminds us that to show gratitude is to live a grateful life — they’ve failed to mention the keystone of gratitude: We must feel grateful. When we feel grateful, it doesn’t matter that our consumer culture sidesteps Thanksgiving. It doesn’t matter if the focus on this holiday is lackluster or shrinks in the shadows of holidays that loom larger. All that matters is that we feel grateful. That we let that feeling grow into a grateful heart. And that we let that grateful heart always guide our actions. It is my hope that this month, with its gentle reminder of gratefulness, becomes the keystone for the other eleven. That my actions illustrate the tremendous gratitude I feel in my heart for my family, my husband and children and grandchildren — and my court family, the judges, judicial assistants, court staﬀ, and lawyers. Because my heart truly is grateful, and I fully embrace every opportunity to live a grateful life.

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PERSONAL ( CYBER ) SPACE Exploring the online freedoms and protections written into law alongside Florida’s brand-new Digital Bill of Rights.

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I NOVEMBER 2023

Talia Boiangin & Arda Goker

are Chair and Co-Chair of the OCBA Technology Committee, and practice Data Privacy & Cybersecurity Law with Greenberg Traurig, LLP. They have been OCBA members since 2023 and 2020, respectively.

PROTECTING CHILDREN ONLINE

Beginning July 1, 2024, the Protecting Children Online Law— section 501�1735, Florida Statutes— will regulorida’s SB 262 was signed into law in June late any online platform (de2023. It grants Florida consumers certain fined as a “form of electronrights relating to the processing of their ic communication through personal data by businesses. While the liwhich users create online on’s share of the bill created a comprehen- communities or groups to sive data privacy law called the Florida share information, ideas, Digital Bill of Rights, the bill contains two personal messages, and other portions: the Content Moderation Law, and the other content” such as a soProtecting Children Online Law. This article provides cial media platform, an onan overview of these two shorter, yet critical, laws. line game, or an online gaming platform”) providing services and features likely to be accessed predominately by consumers under 18 years of age. ments or other working reSB 262’s Content ModeraThe law generally prohiblationships) with social tion Law— section 112�23, its online platforms from Florida Statutes— is focused media accounts for conknowingly collecting pertent-moderation purposes. on the prohibition of govsonal information that may The law does not apply ernment-directed content pose substantial harm or primoderation of social media if the entity or its reprevacy risk to children. Prohibplatforms. The law contains sentatives are engaged in: ited activities include: (1) routine account manonly four numbered sub(1) processing the personagement of the governsections. It defines “[s]ocial al information of any child ment entity’s own acmedia platform” as “a form if the online platform knows count, including “the of electronic communicaor willfully disregards that identification of accounts such processing of persontion through which users falsely posing as a govern- al information may result in create online communities or groups to share informa- mental entity, oﬃcer, or substantial harm or privacy salaried employee”; tion, ideas, personal mesrisk to children; (2) an attempt to remove sages, and other content.” (2) profiling1 a child, unThe Content Moderation content or an account reless the online platform lating to the commission of can demonstrate a compelLaw restricts government entities (including persons crimes or a violation of Flor- ling reason why that proand entities acting on their ida’s public records law; or filing does not pose a sub(3) investigation/inquiry stantial harm or privacy behalf) from: related to the prevention of risk to children; (1) asking social media imminent bodily harm, propplatforms to remove ac(3) collecting, selling, sharerty damage, or loss of life. ing, or retaining a child’s percounts or content, and The Content Moderation sonal information that is not (2) establishing or sustaining ties (i.e., through agree- Law is currently in eﬀect. necessary to provide an on-

CONTENT MODERATION

line service, product, or feature, where a child is actively and knowingly engaged with such features, unless the online platform can demonstrate that such processing does not pose a substantial harm or privacy risk; (4) using a child’s personal information for any reason other than the reason such personal information was collected, unless the online platform can demonstrate that such processing does not pose a substantial harm or privacy risk to the child; (5) collecting, selling, or sharing precise geolocation data of a child unless such collection is strictly necessary to perform the service, product, or feature and only then for a limited time; (6) collecting any precise geolocation data of a child without providing, during the duration of the collection, an obvious sign that such data is being collected; (7) using dark patterns (any “user interface designed or manipulated with the substantial eﬀect of subverting or impairing user autonomy, decision-making, or choice”2) to encourage children to provide personal information beyond what would reasonably be expected to be provided for the online feature, service, game, or product; to forego privacy safeguards; or to take any action the online platform actually knows will,

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PERSONAL (CYBER)SPACE power to enforce vioof Rights, signals a moveTHE LAW PROHIBITS the lations against online platment in the Florida LegisONLINE PLATFORMS FROM forms accessible to Flori- lature toward both regulatchildren. Sanctions under ing the free flow of online KNOWINGLY COLLECTING da the Protecting Children On- speech as well as protectPERSONAL INFORMATION line Law include a civil pen- ing the data and activities of of up to $50�000 per vichildren when they engage THAT MAY POSE HARM alty olation — triple that amount with online platforms. OR PRIVACY RISK if the online platform has ac- 1 Under Section 2 of the bill, knowledge that the Flor- “proﬁling” “means any form of TO CHILDREN. tual automated processing performed ida child involved is under 18 years of age. The statute or willfully disregards that does allow for a 45-day cure the action will, result in subperiod after notification of stantial harm or a privacy risk the alleged violation. to the child; and Online platforms who re(8) using any personal in- ceive a notice of such viformation collected to esolation bear the burden of timate age or age range for demonstrating that the proany other purpose or retain- cessing of a child’s personal ing that personal informainformation does not violate tion longer than necessary the prohibited activities. to estimate age. Ultimately, the enactment of The law grants the Florida these laws, in conjunction Department of Legal Aﬀairs with the Florida Digital Bill

Nominations Now Open for OCBA Leadership Positions

on personal information to evaluate, analyze, or predict personal aspects relating to the economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of a child.” 2 Interestingly, the deﬁnition references the FTC’s interpretation of the term dark pattern, including its attack on companies that require users to navigate a myriad of screens just to cancel recurring subscriptions. See generally Fed. Trade Comm’n, Bureau of Consumer Protection, Staﬀ Report, Bringing Dark Patterns to Light (Sept. 2022), available at www.ftc.gov/reports/ bringing-dark-patterns-light (last visited Oct. 30, 2023).

NOMINATING GUIDELINES Blank nomination forms are available on the OCBA website, under the About Us/Nominations-Elections section. Completed nomination form(s) must be sent via email to Rob Garay, Executive Director, robg@ocbanet.org.

The following elected leadership positions are open for nominations:

(Three-year term for each position: June 1, 2024, through May 31, 2027.)

OCBA Executive Council

• Two (2) Trustee Seats

(One-year term for each position: June 1, 2024, through May 31, 2025.)

Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2024, through May 31, 2026.)

• Vice President/President-Elect • Treasurer • Secretary

• Five (5) Board Member Seats

Important Deadlines

(Three-year term for each position: June 1, 2024, through May 31, 2027.) • Three (3) Executive Council Seats

Legal Aid Society of the OCBA

Nomination Period: Open now through Friday, January 12, 2024 Election Period: Mid February / Late February 2024 Board Appointments / Officer Installations: May 2024

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Each nomination form must be signed by no less than five (5) OCBA members in good standing. For YLS nominations, the forms must be signed by no less than five (5) OCBA members in good standing, who are also YLS members. Any nomination for the offices of Vice President/ President-Elect, Treasurer, or Secretary of the OCBA Executive Council shall only be accepted if the nominee has already served on the OCBA Executive Council at least one (1) year. To make sure you receive your election ballot, log in to your member account on the OCBA website to check that your email address is correct, no later than December 31, 2023. If you need to update your email address and do not know your username, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-422- 4551, Ext. 245, for assistance. If you need to reset your password, please follow the password reset instructions.

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OCTOBER 19

OCBA JOINT LUNCHEON WITH CFAWL Featured speaker Courtney Jared Bannan took the stage for an insightful talk on Mindfulness.

Featured Speaker Courtney Jared Bannan Esq.

1 Title Sponsor: Universal Property Jeﬀrey Chester & Amber Davis 2 Sharlene Stanford, Nicky Hinton, Anna Lopez, Alena Baker, Leia Leitner, Jessica Sanford

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I NOVEMBER 2023

3 Honorable Eric DuBois, Bruce Blackwell, & Teris Deitsch

TEACHING TIPS: PARALEGAL SECTION

KEEPING UP WITH THE TIMES

Paralegals need these six important tech skills to stay relevant in the industry

Caroline C. Wilkerson, ACP, FRP, is a workers’

compensation litigation paralegal at Rissman, Barrett, Hurt, Donahue, McLain & Mangan, PA, in Orlando, Florida She has been an OCBA member since 2013.

he job outlook for the paralegal profession is growing, with no signs of slowing down. According to the U.S. Bureau of Labor Statistics (“BLS”), paralegal jobs for the period 2021 through 2031 will increase 14%, a much faster growth rate than all other occupations in the U.S. economy. 1 In order to stay relevant in the industry, paralegals need to stay on top of the technology that in some sectors of the economy is taking over many jobs. The fast food industry comes to mind. A recent trip to Gringos Locos in downtown Orlando was a new experience for me. I could no longer speak to an employee and place an order for my favorite burrito; I had to follow signs to enter my order on a computer screen and pay with my credit card. Gringos became cashless several months ago, as have many food establishments. I realize a lot of businesses have transitioned to this method of service to cut down on the expense of hiring employees, but I obviously don’t get out of the oﬃce much these days!

Thankfully, lawyers rely on legal support staﬀ to help them do their jobs better, and no computer

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I NOVEMBER 2023

1. Case File Management, E-Discovery, and Litigation Support Platforms

Whether you work in a large firm or for a solo can take over the multifac- practitioner, it is crucial to eted and challenging dukeep track of, organize and ties of the paralegal. Tech- manage your case files as nology is constantly being well as information related to your clients. Many large firms use an electronic discovery platform such as Relativity, Summation or Disco E-Discovery to manage huge amounts of data. Whatever file management system your firm uses, make sure you know and understand how to utilize the system and stay on top of any updates.

Not only must a paralegal have legal knowledge, communicate eﬀectively, and handle administrative tasks, but possessing technological skills is an absolute must.

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utilized to make our work easier and more eﬃcient. Not only must a paralegal have legal knowledge, communicate eﬀectively, and handle administrative tasks, but possessing technological skills is an absolute must. According to Law Technology Today,2 a paralegal needs these top six technology skills to be successful and indispensable in the workplace:

2. Legal Research

Paralegals conduct legal research on a variety of issues. Know how to use search tools in Westlaw and/or LexisNexis. You should also know how to utilize Open Source Intelligence (“OSINT”) — collecting data from open sources and publicly available information from social media sites and platforms to find information on adverse parties and corporations.

4. Excel

This software program is crucial in helping to organize, create, and manage spreadsheets. Calculating medical damages, preparing a discovery task list, calendaring and scheduling for construction defect cases and managing a case timeline are just a few ways to utilize Excel.

5. Artiﬁcial Intelligence (AI)

AI is a new area of technology that legal profesAlthough this is a simple sionals use for research, skill that most everyone document management, uses daily, it is important and legal analysis among to master the software pro- other things. ChatGPT, gram your firm uses. Micro- which stands for Chat soft Oﬃce 365 is the most Generative Pre-trained popular program, and it is Transformer, is a large lanimportant to know all the guage model-based chattricks and shortcuts to max- bot developed by OpenAI. imize your time and eﬃIt was launched in Novemciency. Creating templates, ber 2022, so it is a new tool for legal professionals. It repositioning documents, inserting footnotes and cican process and genertations, drafting tables and ate human-like text and be graphs, and the other func- used to assist in writing, tions in the program are all creating emails and legal important skills to master to analysis. Take the time to assist your attorneys in fistudy this new applicanalizing court documents tion, as many critics say it and other case materials. is not reliable.

3. Word Processing

6. Cybersecurity

As we rely more and more on technology to communicate and perform our daily tasks, the potential for security breaches, data theft, and piracy becomes higher. This is a new area for law firms to navigate, as many internal data security systems are outdated. Because law firms contain sensitive information, they are a particular target for hackers. Your law firm’s IT department should have a secure network in place, but you can also take steps to ensure breaches of confidential information don’t happen. Use strong passwords, send e-mails with encryption protection, and beware of phishing scams. Before opening an e-mail message, make sure it comes from a reliable source. It is easy to assume an e-mail from another law firm is legitimate, but always be on your guard. As cybersecurity is a growing area of concern, the Florida Bar recently established a new Standing Committee on Cybersecurity & Privacy Law to address the constant threats of scams and breaches of information that law firms face.3

The Key to Mastery

Be proactive, open to changes, and always be willing to learn new things. Take local courses, watch YouTube videos, and participate in webinars or technology related CLEs that will improve your understanding of the latest technology. The more time and effort you spend on honing your technology skills, the more essential 1 U.S. Bureau of Labor Statistics, Occupational Outlook Handbook: Paralegals & Legal Assistants, www.bls.gov/ooh/Legal/Paralegalsand-legal-assistants.htm (last visited Sept. 29, 2023). 2 Jenna Cyprus, The 8 Most Important Tech Skills for Paralegals, Law Technology Today, www.lawtechnologytoday. org/2021/02/the-8-most-importanttech-skills-for-paralegals/ (last visited Sept. 29, 2023). 3 Jim Ash, Bar’s Committee on Cybersecurity & Privacy Law Aims to Be the ‘Go-To’ Resource for Lawyers, Fla. Bar News (July 27, 2023), available at www.floridabar.org/theflorida-bar-news/bars-committee-oncybersecurity-privacy-law-aims-tobe-the-go-to-resource-for-lawyers/ (last visited Sept. 29, 2023).

orangecountybar.org

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PROFESSIONALISM COMMITTEE

PROFESSIONALISM DEMANDS CYBERSECURITY

Robert W. Borr, Esq.,

has been a member of the OCBA since 2011 and currently sits on the Florida Bar Professional Ethics Committee and Cybersecurity and Privacy Law Committee.

The modern case is likely to have more data, such as surveillance footage, satellite imaging, electronic transactions, electronic communications and GPS location monitoring, all of which provide an opportunity for an objective path Data protection is a vital component of to the truth. R. Regulating client confidentiality. Fla. Bar 4-1�1. Competence further illustrates the stanhe intersections of lawyers’ professional duties dards by commenting on with various aspects of technology are becoming thoroughness and preparamore and more significant as the future becomes tion, and maintaining comthe past. While we have all heard the advice “not to press petence — which readers send” so quickly after writing a heated email, profession- of this article are achieving. Client confidentiality is alism concerns extend well beyond the alluring convea cornerstone of the legal nience of firing off inane messages to opposing counsel. The practice of law today, in virtually every legal field, re- profession. Practitioners quires a degree of competency in technology. It is vital to are quite literally sworn to keep in mind Rule 4-1�1, Rules Regulating the Florida Bar: secrecy when it comes to client’s confidential affairs, A lawyer must provide competent representation to as a prerequisite to being a client. Competent representation requires the legal admitted to practice law. knowledge, skill, thoroughness, and preparation Confidentiality — the atreasonably necessary for the representation. torney-client privilege — is fundamental to advocaThe knowledge of and use of technology is required to competently identify, preserve, process, produce, and cy and due process under the law, as demonstrated admit electronic evidence. by the Oath of Admission Florida Bar members take:

I will maintain the confidence and preserve inviolate the secrets of my clients[.] Electronic data breaches are therefore a severe threat to the profession, and can be a threat to any practitioner’s license. The Bar recognized this threat over a dozen years ago in Advisory Ethics Opinion 10-2 related to information stored on hard drives1:

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The Briefs

I NOVEMBER 2023

A lawyer who chooses to use Devices that contain Storage Media such as printers, copiers, scanners, and facsimile machines must take reasonable steps to ensure that client confidentiality is maintained and that the Device is sanitized before disposition, including: (1) identification of the potential threat to confidentiality along with the development and implementation of policies to address the potential threat to confidentiality; (2) inventory of the Devices that contain Hard Drives or other Storage Media; (3) supervision of nonlawyers to obtain adequate assurances that confidentiality will be maintained; and (4) responsibility for sanitization of the Device by requiring meaningful assurances from the vendor at the intake of the Device and confirmation or certification of the sanitization at the disposition of the Device. The preservation of confidentiality is judged on a reasonableness standard. While you may now be thinking of an old printer that made its way into a dumpster, rather than to a data sanitization specialist, know that the Bar is actively working to equip its members in our rapidly growing technology-based society. This year, the Bar created a new substantive law committee for Cybersecurity and Privacy Law, whose mission is: (1) facilitate attorney awareness of cyber risks on a continuing basis, (2) working jointly with the Technology Committee and other committees, develop a series of firm- or attorney-appropriate cybersecurity best practices, and (3) to provide Florida attorneys with a continuously updated resource of cybersecurity law and regulations, news events, and focused educational seminars.

Because many of our Bar members represent out-ofstate and even out-of-country clients, we will also provide Florida attorneys with resources addressing other states’ cybersecurity privacy laws, the European Economic Associations cross border General Data Protection Regulation (GDPR).2 What to expect to come down the pike are minimum standards for data encryption, cybersecurity training, technology access/authentication procedures, and other practical cost-effective implementations to protect electronic data. As we move forward into a world powered by generative artificial intelligence, virtual proceedings, and paperless offices — the practice of law must also adapt to serve and protect our society. 1 Full opinion at: floridabar.org/ etopinions/etopinion-10-2 (last visited Oct. 30, 2023). 2 Fla. Bar, Cybersecurity & Privacy Law Comm., floridabar.org/about/ cmtes/cmtes-cm/substantive-lawcommittee-cybersecurity-and-privacylaw (last visited Oct. 30, 2023).

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orangecountybar.org

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VETERANS COMMITTEE

HOW IT HELPS AND HOW IT HURTS

Michael B. Stone, Esq., is an attorney at Wicker, Smith, McCoy, O’Hara & Ford, P.A that practices in commercial litigation, general liability and ﬁrst party property homeowner’s insurance claims. He has been an OCBA member since 2023.

1 Max Roser, Hannah Ritchie, and Edouard Matthieu, What is Moor’s Law?, Our World in Data (Mar. 28, 2023), available at www.ourworldindata.org/ moores-law (last visited Oct. 30, 2023). 2 Ian Sample, Paralysed man walks using device that reconnects brain with muscles, The Guardian (May 24, 2023), available at www.theguardian. com/science/2023/may/24/ paralysed-man-walks-usingdevice-that-reconnects-brainwith-muscles (last visited Oct. 30, 2023). 3 Wounded Warrior Project, Technology Allos Injured Veteran to Enjoy Life (Jan. 6, 2017), www.newsroom. woundedwarriorproject. org/2017-01-06-TechnologyAllows-Injured-Veteran-toEnjoy-Life (last visited Oct. 30, 2023). 4 Jon Hamilton, A decoder that uses brain scans to know what you mean--mostly, NPR, www.npr.org/sections/healthshots/2023/05/01/1173045261/ a-decoder-that-uses-brainscans-to-know-what-youmean-mostly (last visited Oct. 30, 2023).

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though far from perfect, these results indicate that AI can identify and describe visual and audio observations.4 Such technology could be crucial in The beneﬁts and detriments of understanding and treattechnology in 2023. ing brain-related issues such as mental illness. e have come a long way since the first However, technology imtelephone in 1878 and the first computer in pacts society in a negative 1945. In seventy years, we have been to the fashion as well. Young peomoon, invented microprocessors, and actualized the use ple, for example, are exof electric vehicles. It is undoubtable that technology tremely impressionable and maintains the potential to help society at large, but susceptible to social media technology also has a downside. platforms. Unsupervised access to these influences for hours on end leads to higher rates of depression, Moore’s law, described There is also the story substance abuse, stress and by Intel co-founder Gorsuicide. This is because soof US Army solider Erik don E. Moore, states that cial media is “addictive Schei, who became paraby design,” according to the number of transistors lyzed after a serious head Kelsey Hansen of Harvard on computer chips douinjury by a sniper while serving in Iraq. MiracuBusiness Review. The imbles approximately every 1 two years. Today, we have lously, Schei survived, and plementation of positive afsmart phones in our pock- with the use of a special firmations such as likes, device that reads Schei’s ets more powerful than follows, and constant nothe full-size computer you eye movement, he can now tifications trigger a dopaengage with friends on so- mine release that keeps may have had during the cial media, go on YouTube, users on the platform. 5 Windows 98 era. These advances have sig- and activate the computA recent Netflix docuer camera.3 This certainly nificantly changed some mentary titled Big Vape: peoples lives for the bethelps Schei to feel a sense The Incendiary Rise of Juul ter. For example, Gert-Jan of normalcy and is a posi- describes how the compative tool after such a tragic ny Juul used social media Oskam thought he would experience. to lure teens and young never walk again after breaking his neck in a trafAdditionally, Scientists adults into becoming fic accident. That changed have developed a way to smokers.6 The use of algowith the invention of a decode streams of words rithms to promote user en“digital bridge” that could in the brain using MRI gagement results in lower reconnect with muscles in scans and artificial intelcritical thinking skills and the spinal cord. For the first ligence (AI). Integrating reduced connectivity and time in ten years, Oskam ChatGPT, the system con- intimacy in relationships.7 explained he was able to structs intelligible senMoreover, AI and auto“stand up and have a beer tences after reading MRI mation are quickly domiwith my friends.”2 data of brain activity; alnating conversations in all

I NOVEMBER 2023

diﬀerent career industries. For example, economists at Goldman Sachs estimate that forty-four percent of legal work could be automated. This could change the practice of law, eliminating jobs but also creating new roles.8 Forbes published an article predicting that AI will transform the scientific method, become the pillar of foreign policy, enable next-gen consumer experiences, address climate crisis, and enable truly personalized medicine.9 Of course, there are those worried that AI will ultimately turn on human-

ity, akin to the 2004 film I, Robot. In that movie, Robots worked with humans in the year 2035, but some robots began to show unpredictable behavior. Back in 2004, AI was science fiction, and today in 2023, it is a reality. The potential consequences are profound, but there is no question that technology can change lives, for better and worse. Many jobs will become automated, cars will drive themselves, and day-today lives will change. Maybe it will help us finally find viable solutions to climate issues and cures

for cancer. It has already played a role in developing medicine such as the COVID-19 vaccine. At no other point in time has humanity possessed such great technological knowledge and understanding. Governments across the world should incorporate laws that bring out the best of technology, to advance society and help individuals in need of a better quality of life. And those same governments should also put limitations on technology’s bad side to prevent robots from replacing humanity. After all, 2035 is only 12 years away.

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5 Kelsey Hansen, Our Social Media Addiction, Harvard Business Review (Nov.-Dec. 2022), available at www. hbr.org/2022/11/our-social-mediaaddiction (last visited Oct. 30, 2023). 6 Kalia Richardson, Netﬂix Shows How Juul Went Up In Flames, Rolling Stone, www.rollingstone. com/tv-movies/tv-movie-features/ big-vape-juul-netﬂix-e-cigarettessmoking-teens-1234849819/ (last visited Oct. 30, 2023). 7 Hensen, supra note 5. 8 Steve Lohr, A.I. is Coming for Lawyers Again, N.Y. Times, Apr. 10, 2023, § B, p. 1, available at www. nytimes.com/2023/04/10/technology/ ai-is-coming-for-lawyers-again.html (last visited Oct. 30, 2023). 9 Gaurav Tewari, The Future of AI: 5 Things to Expect in the Next 10 Years, Forbes, www.forbes.com/sites/ forbesbusinesscouncil/2022/05/05/ the-future-of-ai-5-things-to-expect-inthe-next-10-years/?sh=2c17c0e27422 (last visited Oct. 30, 2023).

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APPELLATE PRACTICE COMMITTEE

PRESERVATION MATTERS

Cassandra Snapp, Esq., is a former staﬀ

attorney at the Fourth District Court of Appeal and is now an attorney with Law Oﬃces of Horwitz & Citro, P.A. She has been an OCBA member since 2004.

In an opinion by Justice Gorsuch, the Court determined that the functional approach in Williams and Apodaca was erroneous, and overruled Apodaca… The next step is ours.

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permitting conviction by a non-unanimous jury. Again, the critical question was the meaning of “trial by an impartial jury” as that term is used in the Sixth AmendAnticipating the demise of ment. In an opinion by JusWilliams v. Florida and the tice Gorsuch, the Court desix-member jury in criminal cases termined that the functional approach in Williams and he twelve-member jury was a hallowed tradition Apodaca was erroneous, in common law, one which was certainly and overruled Apodaca. assumed to be an essential aspect of the Ramos took a historical “impartial jury” contemplated by the founders when they rather than functional apcrafted the Sixth Amendment. That hallowed tradition proach. It examined the was repudiated by the Supreme Court in Williams v. meaning of the phrase at Florida, but the decision of the Supreme Court in Ramos the time the Sixth Amendment was adopted — that is, v. Louisiana has undermined the reasoning of Williams, the meaning of the phrase and restored the traditional, historical, analysis of the as understood by those who Sixth Amendment, to the extent that we can anticipate wrote this language into the the overruling of Williams in the near future. Sixth Amendment — and concluded that in a criminal case, a trial by an impartial jury required conviction The right to trial by jury the definition of trial by by a unanimous verdict. in a criminal case is set an impartial jury, as used This decision necessarforth in the Sixth Amend- in the Sixth Amendment does not include the com- ily impacts Williams adment and made appliversely, since Apodaca remon law requirement of a cable to the states by lied upon exactly the same twelve-member jury nor the Fourteenth Amendchain of reasoning that the common law requirement. In 1970, the SuWilliams relied upon, and preme Court decided Wil- ment of a unanimous vercited Williams as its primaliams v. Florida,1 which dict. Apodaca relied alheld that Florida’s practice most entirely on Williams, ry authority. The next step is ours. To of using six-member juwhich took a functional ries for non-capital crimi- approach to the definition, preserve the issue for review by the Supreme Court, nal trials2 does not violate determining that these criminal defense attorthe Sixth and Fourteenth practices are constituamendments. Two years tional despite the fact that neys in Florida state proslater, in Apodaca v. Orethey had been held essen- ecutions must raise this issue in every case, withgon,3 the Court held that tial by the common law, out exception, beginning the practice of convictbecause they do not ading a person of a crime by versely aﬀect the function at trial, and at every appellate proceeding. The issue a non-unanimous jury ver- of a modern-day jury. dict also does not violate In 2020, in Ramos v. Lou- has been raised in the Suthe constitution. In these isiana,4 the Court reconsid- preme Court, in Khorracases, the Court held that ered the constitutionality of mi v. Arizona, and certiorari

I NOVEMBER 2023

was denied.5 Justice Gorsuch wrote a vigorous dissent from the denial of certiorari: “Williams was wrong the day it was decided, it remains wrong today, and it impairs both the integrity of the American criminal justice system and the liberties of those who come before our Nation’s courts.”6 But this dissent failed to mention the most probable reason that certiorari was denied — the issue was not properly preserved. The Supreme Court’s decision simply says, “The petition for a writ of certiorari is denied,” but the opinion in the state court appeal makes it clear that the issue was not raised in the trial court, but rather for the first time on appeal.7 The rule of preservation is clear: unless the issue is raised in the trial court, and in every intervening appellate proceeding, the Supreme Court will not review it. Although the Court possesses the discretion to grant certiorari if it considers an issue suﬃciently compelling, it rarely does so. It certainly did not do so in Khorrami, despite Justice Gorsuch’s detailed historical analysis in Ramos, and the vigor of his dissent in Khorrami. The generally applicable rule is that a right may be forfeited by failure to make timely assertion of the right before a court having jurisdiction to determine it.8

The issue must be both raised and ruled upon.9 That is, you must obtain an order explicitly denying the motion. A denial by implication will not suﬃce. For example, if a judge takes a motion under advisement, then forgets to rule before judgment, the issue is not preserved. Statements by a trial court such as “move along, counselor” or “why are you wasting my time with this?” are not rulings — no matter how clearly they may express the judge’s opinion — and they do not preserve the issue. At this time, Williams remains binding precedent, and a trial judge may become impatient with a lawyer who files a motion he or she cannot grant. Nonetheless, a motion to empanel a twelve-member jury must be filed. It must also be carefully crafted. The reasoning need not be exhaustive, but

it must be more than perfunctory.10 Appellate courts, and the United States 11th Circuit Court of Appeals in particular, are likely to hold that a mere token argument has been waived. Appellate judges, too, tell lawyers that their best approach is to pick the best arguments, and not try to raise issues that have a low probability of success. Nonetheless, a trial court’s denial of a motion to empanel a twelve-member jury must be raised in every appellate proceeding in order to preserve the issue. The reason the motion must be filed in every case at the trial level and must be argued in every appellate proceeding, is because even after the Supreme Court overrules Williams, failure to preserve the issue may deprive your client of the right to rely on the new holding on appeal, in state

post-conviction proceedings, or in an application for federal habeas. Williams appears to be doomed, but it cannot die a final death until criminal defense lawyers do what is necessary to assure the United States Supreme Court can, and will, grant a defendant’s petition for certiorari and review the issue. 1 Williams v. Fla., 399 U.S. 78 (1970). 2 § 913.10, Fla. Stat. (2023). 3 Apodaca v. Or., 406 U.S. 404 (1972). 4 Ramos v. La., 140 S. Ct. 1390 (2020). 5 Khorrami v. Ariz., 143 S. Ct. 22 (2022). 6 Id., at 23. 7 State v. Khorrami, No. 1 CA-CR 200088, 2021 WL 3197499 (Ariz. Ct. App. July 29, 2021), at *8. 8 Puckett v. U.S., 556 U.S. 129, 134 (2009). 9 Ritchie v. State, 344 So. 3d 369 (Fla. 2022). 10 In crafting your trial court motion and your appellate argument, the best places to start are Justice Gorsuch’s majority opinion in Ramos and Khorammi.

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LEGAL AID SOCIETY: WHAT WE DO

CELEBRATING OUR PRO BONO TEAM Jamos “Jay” Mobley is a Staﬀ Attorney with the Legal Aid Society. He has been a member of the Orange County Bar Association since 2012.

For more information contact jmobley@legalaidocba.org or 407-841-8310.

Thanks to our amazing team of pro bono attorneys, Legal Aid can say to those veterans in need, “We are here when you need us.”

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women who have served our country in the Armed Forces. Thanks to our amazing team of pro bono attorneys, Legal Aid can say to those veterans in need, “We are here when you need us.” Helping veterans with civil legal needs Listed below are the 2023 VALOR Project pro bono n October, the American Bar Association and the attorneys. These attorneys Florida Bar celebrated National Pro Bono Week staﬀ two-hour, in-person with the theme of “Voices of Democracy: Ensuring clinics at the VA, providing Justice for All.” Legal Aid joined in this festivity by celon-the-spot legal advice ebrating pro bono work all month long. While we celand forwarding unresolved ebrated all our tireless pro bono attorneys and volunteers, I would like to highlight one team in particular: The applications for to Legal Aid. While not required, VALOR Project team of pro bono attorneys who provide some even accept remaincritical services to local, low-income veterans with civil legal needs. The VALOR project has become a lifeline for ing veteran legal applications as pro bono cases many low-income veterans in the community who find each year. themselves faced with civil legal issues and no ability to While these pro bono athire an attorney to guide or represent them. torneys work tirelessly, the civil legal needs of our low-income veteran comThis invaluable veteran’s assistance, earlier this year. munity are overwhelming at times. Legal Aid can allegal clinic was shuttered Clinics are held on-site at ways use more pro bono during the pandemic. How- the Lake Nona and Lake attorneys on the project. ever, thanks to the generBaldwin campuses several If you or an attorney you ous financial support of the times per month. know would like to join the Bob Woodruﬀ Foundation, With Veterans Day this 2024 VALOR Project lineup, Legal Aid was able to bring month, Legal Aid would please reach out to me with it back in action, with face- like to take the opportunito-face consultations and ty to thank all the men and any questions you may have.

2023 VALOR PROJECT PRO BONO TEAM

These twelve attorneys make a huge diﬀerence in the lives of low-income veterans who have nowhere else to turn. If you have the time, please thank them for their tireless eﬀorts and the life-changing work they do: Frank M. Bedell Skiles Jones Robyn Lesser

I NOVEMBER 2023

Adriana Olivares Eric Reed Mexcye Roberts

Emery Rosenbluth Jennie Schwartz John Stone

N. James Turner Wendy Toscano Sam Williams

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LEGAL AID SOCIETY: GUARDIAN AD LITEM

TOOLS IN THE TOOLBOX Mexcye C. Roberts, Esq., is a GAL staﬀ

attorney at the Legal Aid Society. She has been an OCBA member since 2015. For more information or to take a GAL case, plesae contact mroberts@legalaidocba.org.

1 § 39.01305(1)(a)(2), Fla. Stat. (2023) 2 See Fla. Admin. Code R. 65C-17.002(3) 3 See ABLE United, www.ableunited.com/ (last visited Sept. 29, 2023).

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know how socially complicated life is for our little ones. GALs are constantly evaluating relationships, education, and the future for our dependent chilBest interest representation for children dren. DD children have those same needs, with the with developmental disabilities added overlay of extremes Guardians ad Litem (“GALs”), we work to im- ly unique medical needs. prove the quality of life for our clients through For this reason, children best interest representation. Every child in the with DD diagnoses are elidependency system is unique. Add in the complexities gible for the appointment of representing a child with a developmental disabiliof Special Needs attorneys ty (DD) — specifically defined medical diagnoses — and in accordance with secthe level of intricacy increases. Each case and child has tion 39�01305(3)(c), Florida unique circumstances. There are common tools that can Statutes (2023). The Special Needs attorney assists be useful when representing children with DDs. in ensuring that children receive needed services, and they represent children in fair hearings and First, the statute helps us syndrome, or Prader-Wilappellate proceedings.1 to determine what is a DD. li syndrome; that maniSection 393�063(11), Florfests before the age of 18; Most caregivers are very ida Statutes (2023), deand that constitutes a sub- knowledgeable and typifines a DD as “a disorder or stantial handicap that can cally have access to most syndrome that is attributreasonably be expected to resources for the chilable to intellectual disabil- continue indefinitely.” dren in their care. A good ity, cerebral palsy, autism, practice when representIf you’ve ever served as spina bifida, Down syning children with DDs is a GAL for a child in the drome, Phelan-McDermid dependency system, you to ask the child’s caregiver to provide copies of the documents that diagnose the child’s DD when conducting home visits or having discussions about the child. That’s right; a GAL should talk with the caregiver so they can share their knowledge of the child with you. The caregiver lives with the child and their insight is invaluable. Children with DDs may be eligible for benefits from other social ser-

I NOVEMBER 2023

vice agencies. Working together with knowledgeable case managers helps GALs to ensure that caregivers receive information about valuable resources available to children with DDs. Case management can also assist with applying for benefits such as Supplemental Security Income (“SSI”) for children with qualifying diagnoses in the dependency system. SSI provides financial assistance to qualified individuals and has specific income limits. The case management agency maintains Master Trust Accounts for children who receive SSI income. Case management tracks and monitors the funds and when the SSI funds reach a certain amount, they might ask for the funds to be spent down. Master Trust funds can be used for the current needs of the child, which include expenses for medical, dental, psychological, or psychiatric treatment which cannot be provided from other sources. Funds can also be used for personal items such as clothing, sports equipment, and special activity fees.2 Bottom line: make sure the case manager regularly spends those master trust funds to benefit the child. Practically, this means communicating with the child and caregiver to

see what the child needs. Next, inform the case manager of the needs and request they purchase the items within one month. If the case manager does not make the purchase timely, inform the court and ask for relief, or tell the Legal Aid Society staﬀ attorney. We’ll make what should happen happen! The SSI funds can also be diverted into special savings accounts for the youth known as an ABLE account. An ABLE account is a tax-free savings and retirement account that assists individuals with a disability and their families to save private funds to support their health, independence and quality of life. Individuals can save up to $17�000 per year individually or with help from family and friends. These funds are not counted as income for SSI purposes.3 Embrace Families personnel can provide guidance on establishing ABLE accounts to youth that meet the criteria, and Legal Aid staﬀ will connect you with them. Children who meet qualifying criteria may be eligible for services through the Agency for Persons with Disabilities (“APD”) program. APD generally has a several years-long waiting period. Youth in the dependency system

receive priority consideration and application assistance from Embrace Families. A good practice is to ensure that the following records are available for the application: • Copies of Social Security cards and birth certificates; • Medical records containing the child’s diagnosis; and • School records (IEP, Psychoeducational Report, etc.). Representing older children with DDs requires ensuring additional safeguards are in place to protect the youth. Hopefully, the youth has met APD criteria and qualifies for services. APD provides a wide array of services to people with DDs and is an important tool in permanency planning. Planning for adulthood is important especially when youth have not achieved permanency through other means. Staﬃngs (dependency meetings) should be regularly held starting when the child turns 17 to plan for the future needs of youth with DDs. During these staﬃngs, the team attempts to identify individuals willing to serve as a Guardian Advocate (“GA”) for a young adult and ensures that the services the youth will need as they move into adulthood are in place. A GA is

a trusted individual that can help the youth make important decisions such as where they will live or assist the young adult with financial matters. GAs are generally family members, family friends, and people known to the child. It’s vitally important that the appropriate services are in place for these young adults. Implementing these tools can assist with successful advocacy for our youth. Chris Kolos, a partner with Holland and Knight in Orlando and GAL to children with DDs, shared the following about representing children with DDs: “Serving as a GAL for a DD child is very rewarding. You have an important role in gathering the child’s medical records and assuring that the child is receiving the appropriate therapy and medications. You must also make sure the child has an individual education plan at school, that it includes the appropriate level of speech and occupational therapy and that in fact the services are being provided. You can do this by working closely with the case manager, the foster mom and the biological mom.” Chris’s statement is 100% correct. Tailored advocacy makes a profound diﬀerence in the life of a child and can lead to successful outcomes.

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SIDEBAR

NEWS / EVENTS / UPDATES

VOLUNTARY BAR

S.T.I.R. The Paul C Perkins Bar Association

AUG 17 / The Paul C. Perkins Bar Association

(PCPBA), had a sensational S.T.I.R. (Socialize, Talk, Interact and Reconnect) event in conjunction with the Orlando Alphas. The night was full of fellowship and networking.

Board Meeting at Ten Ten Seafood & Grill

Greater Orlando Asian American Bar Association

AUG 26 / GOAABA held their first board meet-

WHO’S WHO 1 Benajmin Garcia, Courtney D. Richardson-Jones, Alicia Garel, Annie Blanc, Ashley Wright, Lisa Harvey, Sharlene Stanford, Trinetta Fisher, Vanessa Pugh and Debbie Brown. 2 Kenway Wong, Cathleen Winter, Lisa Gong-Guerrero, Leia Leitner, David Yau, Jessica Hew, Annie Kwong, Christine Berk, and Onchantho Am 3 Cathleen Winter, Jacqueline Gardner, Andrew Reath, XiXi Li and David Yau

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ing of their fiscal year at Ten Ten Seafood and Grill. A huge congratulations to the new board under the leadership of Kenway Wong. GOAABA was able to celebrate their installation ceremony at Nevayah Sushi and Thai on July 27. GOAABA extends a special thank you to the Honorable Denise Beamer for swearing the new board in.

OTHER VOLUNTARY BAR EVENTS

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

Association, and presidentelect designate of The Florida Bar.

SEPT 7 / PCPBA hosted their September meeting featuring Attorney Ashley Gantt to discuss the topic of Unlocking Leadership Potential: Empowering Growth and Success.

for a joint panel discussion on of starting and running a business. The event focused on labor and employment, contract disputes and insurance, as well as IP/copyright questions.

SEPT 19 / The Central Florida Association for Women Lawyers (CFAWL), held a virtual CLE lunch hosted by attorney Marc Hurwitz. The former CIA Oﬃcer shared Seven Ways Investigative Tools Can Edge Out the Opposition, discussing techniques previously reserved for intelligence experts.

SEPT 20 / CFAWL’s very own Table for 8 chair Jen Smith Thomas co-hosted a “Summer in Provence” themed dinner along with Larry Smith.

SEPT 23 / CFAWL teamed up with the Seminole County Association for Women Lawyers for a family-friendly fall festival at Great Scott Farms in Mount Dora. The event included a Corn Maze, a Jumping Pillow, and a Super Slide. And of course, there was a Pumpkin Patch!

SEPT 21 / The Hispanic Bar Association of Central Florida (HBACF) teamed up with the OCBA for Hispanic Heritage month to host Roland Sanchez-Medina, Jr., a member of the Board of Governors, former president of the Cuban American Bar

OCT 5-6 / CFAWL attended the Florida Association for Women Lawyers 2023 Fall Conference in Downtown Orlando. The theme this year was “Tireless Together” and there were CLE Presentations, panel discussions, and more.

SEPT 20 / GOAABA teamed up with the Asian American Chamber of Commerce

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SIDEBAR: YOUNG LAWYERS SECTION MORE YLS EVENTS

Annual Gator Bus Trip

SEPT 16 / We started out at the law firm of Dellecker, Wilson, King, McKenna, Ruﬃer, & Sos who graciously allowed us to use their parking lot and provided some goodies for our grand send-oﬀ. We made it to Gainesville and had an awesome tailgate (thanks to our sponsor Thomson Reuters) . The trip was sold out, so make sure you get your tickets early next year!

Mixology Class & Happy Hour SEPT 28 / We learned how to make a mean Old

Fashioned at The Woods in downtown Orlando, and made some new connections in the process.

Coming Up NOV 10 YLS Luncheon with 4th DCA Chief

Judge Klingensmith: “Will ChatGPT Replace Young Lawyers?” NOV 16 Basket Brigade Food Drive DEC 13 YLS Holiday Party DEC 14 Gift Wrapping for Washington Shores Elementary Holiday Party YLS WEEKLY EMAIL BLAST

Never miss an event or update! Sign up by visiting orangecountybar.org/page/Young-Lawyers-Section

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OCT 7 / Community Client Resource Fair: aimed at informing and connecting traditionally underserved members of the public with vital legal and public services. We have already heard great feedback from participants. Thank you to all of our partner organizations and agencies who worked so hard on this event!

OCT 20 / Mentoring Luncheon at the Citrus Club: we heard from the Honorable Elizabeth Gibson on the value of mentorship. A big thank you to all the YLS members who volunteered to serve as mentors to law students. What a gift you’re giving to those who are following your footsteps.

OCT 26 / Annual Halloween Party for children at the Salvation Army. YLS provided Halloween costumes, candy, and games, and the kids had a blast!

Sean MendezCatlin, Esq., is a

founding partner of MC & J Law, PLLC, where he practices business and intellectual property law. He has been a member of OCBA since 2016.

@OCBAYLS #TogetherWeGoFar

100 Club Firms with two or more attorneys who are all members can belong! If your ﬁrm is eligible, call the Membership Department (407-422-4551 x225) 20+ MEMBERS

Rumberger, Kirk & Caldwell Shutts & Bowen Wicker, Smith, O’Hara, et al. Winderweedle, Haines, et al.

10-19 MEMBERS

Colling Gilbert Wright & Carter Fisher Rushmer Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins Stovash, Case & Tingley

2-9 MEMBERS

The Aikin Family Law Group Anderson & Ferrin The Arnold Law Group Artemis Family Law Aust Law Firm Barrister Law Firm Barry Miller Law The Brennan Law Firm Carr Law Firm Compass Law Culbertson Law Group Davey Law Group Debra Wilkinson Botwin DeCiccio & Johnson Dellecker Wilson King McKenna Ruﬃer & Sos Divine & Estes The Elder Law Center of Kirson & Fuller Fassett, Anthony & Taylor Flammia Elder Law Firm The Fighter Law Firm Forward Law Firm Gasdick Stanton Early GoodBlatt – Leo Green Family Law Haliczer Pettis & Schwamm Harris Harris Bauerle Lopez

Hilyard, Bogan & Palmer Hornsby Law Infocus Family Law Firm Jill S. Schwartz & Assoc. Keating & Schlitt King, Blackwell, Zehnder & Wermuth Korshak & Assoc. Kosto & Rotella Law Offices of Brent C. Miller Law Offices of Horwitz & Citro Law Office of Michael L. Dear Lebron Law The Llabona Law Group Marcus & Myers The Marks Law Firm McMichen, Cinami & Demps McShane & McShane Men’s Divorce Law Firm Morgan, White-Davis & Martinez Murphy & Berglund N. Diane Holmes O’Mara Law Group Page & Eichenblatt Perez LaSure Rebecca L. Palmer Law Group Sawyer & Sawyer Schwam-Wilcox & Assoc. SeifertMiller Shannin Law Firm The Skambis Law Firm Stovash, Case & Tingley Tangel-Rodriguez & Assoc. Warner & Warner West Family Law Group Wieland & DeLattre Wilson McCoy Wooten Kimbrough Yergey & Yergey

CLASSIFIED ADS

FOR ADVERTISING / ANNOUNCEMENTS contact Ursla Gallagher 407-422-4551, Ext. 244 or urslag@ocbanet.org

EMPLOYMENT

(SEPT-DEC) OUR FIRM IS LOOKING FOR A SUPERSTAR TO ADD TO OUR QUICKLY GROWING EMPLOYMENT DEPARTMENT. An ideal candidate is one who has a passion for helping people, especially those who have experienced problems on the job. Our firm is rapidly growing due to the terrific results that we have obtained for our clients. Therefore, we are in need of an attorney that can litigate negotiate favorable settlements, generate cases, and make clients happy. We are not offering a job but an opportunity. Email us at: cleach@theleachfirm.com and aosorio@theleachfirm.com why you would be a great addition to the team. (UFN) COBB COLE, A VOLUSIA COUNTY LAW FIRM, IS SEEKING A LITIGATION ATTORNEY. The successful candidate must have a minimum of 4 years of litigation experience and be ready and able to take the lead and work independently on civil cases and also work with partner on larger cases. Associates and partner level candidates are encouraged to apply. Premium benefits package is offered and compensation is commensurate with experience. Send confidential resume to: resume@cobbcole.com. (UFN) FAST-PACED INSURANCE DEFENSE FIRM LOCATED IN MAITLAND, FL IS SEARCHING FOR A LEGAL ASSISTANT. The firm handles first-party property/liability coverage issues. Insurance defense and strong litigation experience preferred. Experience with calendaring, scheduling of depositions, and court reporters as needed. and follow up as it relates to discovery matters Experience with E-Filing software and procedures. Familiarity and compliance with judicial orders Please send resumes: jmccallister@rocklawpa.com.

(UFN) INSURANCE DEFENSE FIRM HANDLING COVERAGE AND LIABILITY ISSUES, PIP, AND CONTRACTUAL/TORT LITIGATION SEEKS ATTORNEYS for statewide practice. Insurance defense experience preferred. Send resume to: Office Manager jmccallister@rocklawpa.com, (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, FL 32751 (UFN) YOUR INSURANCE ATTORNEY, PLLC, AN AV-RATED PLAINTIFF FIRM, SEEKS AN ATTORNEY for our Orlando office. Ideal candidates will have 3 to 5+ years experience litigating nursing home and/or medical malpractice cases, and be capable of handling their own statewide caseload with partner assistance. Competitive salary, benefits and bonus plan. Email letter of interest and resume to NCarter@yourinsuranceattorney.com. (UFN) ASSOCIATE ATTORNEY NEEDED IN NEW SMYRNA BEACH. WRIGHT & CASEY, PA HAS AN OPENING FOR A 1-4 YEAR ATTORNEY to join our community association and litigation team. Experience in both condo/ HOA law and civil litigation preferred. We offer competitive pay and benefits. Please send your resume and cover letter to bcasey@surfcoastlaw.com. All submissions will be held in the strictest confidence.

FOR SALE OR RENT

(OCTOBER-NOVEMBER) CLASS A LAW OFFICE SPACE FOR LEASE: On West Colonial Drive, Orlando 32804. Owner leasing up to 8,000 sqft, with 40 parking spots. Ideal for professional services business. Security system installed. Negotiable with owner directly. Call 407-716-6678

THE LAW FIRM OF

KING, BLACKWELL, ZEHNDER & WERMUTH, P.A. TAKES PLEASURE IN ANNOUNCING THAT

MATTHEW M. SMALL HAS BECOME ASSOCIATED WITH THE FIRM WHICH WILL CONTINUE ITS PRACTICE OF COMPLEX BUSINESS AND COMMERCIAL LITIGATION, APPEALS, LEGAL MALPRACTICE DEFENSE, AND SIGNIFICANT PERSONAL INJURY AND WRONGFUL DEATH

KING, BLACKWELL, ZEHNDER & WERMUTH, P.A. 25 EAST PINE STREET POST OFFICE BOX 1631 ORLANDO, FLORIDA 32802-1631 www.kbzwlaw.com

The classified advertisements listed above are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the classified ads, and (b) the duration or validity of any offer by in the classified advertisement.

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880 North Orange Ave. Orlando, FL 32801

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