The Orange County Bar Association - The Briefs - January 2024

SUPPLY AND DEMAND

Timothy Terry, Esq. on the financial impact of the legal market

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SCOTUS SECURITY

Sarah Jacobs, Esq. on the Supreme Court’s changes to Social Security

A PUBLICATION OF

JANUARY 2024 VOL. 92 NO. 1

HOUSE IN ORDER Garn-St Germain and exceptions to due-on-sales clauses.

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Contents 12 I

HOUSE IN ORDER

Garn-St Germain and exceptions to due-on-sales clauses.

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE David vs. Goliath Amber Davis, Esq.

08 I CLERK’S CORNER A Year in Review

The Honorable Tiffany Moore Russell, Esq.

10 I CHIEF’S COLUMN

2024 Administrative Judges The Honorable Lisa T. Munyon

OCBA OUT & ABOUT

16 I TEACHING TIPS

Paralegal Excellence: Key Success Factors Marisol Gomez

FROM THE COMMITTEES

18 I PROFESSIONALISM COMMITTEE

Law Firms and the State of the Legal Market Timothy Terry, Esq.

20 I SOCIAL SECURITY COMMITTEE

SCOTUS Shaping Social Security

SIDEBAR: NEWS / EVENTS / UPDATES

28 I VOLUNTARY BAR Alena V. Baker, Esq.

30 I YOUNG LAWYERS SECTION Lauren Reynolds, Esq.

32 I HEARSAY

Ana “Ani” Rodriguez-Newborn, Esq.

Sarah Jacobs, Esq. LEGAL AID SOCIETY

26 I THRIVING THROUGH SERVICE Why This Gator Loves Nick Saban Bethanie Barber

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

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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

O C B A LU N C H E O N F E AT U R E D S P E A K E R

PAT WILLIAMS

_________________

the Briefs JANUARY 2024 VOL.92 NO.1

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

KICKOFF THE 1ST LUNCHEON OF THE YEAR WITH A BASKETBALL ICON Thursday January 25, 2024, 11�30am

The Citrus Club 255 S Orange Ave Ste 1800, Orlando Pat Williams is a basketball Hall-of-Famer, known for co-founding the NBA’s Orlando Magic, as well as serving as general manager for the Philadelphia 76ers, Chicago Bulls, Atlanta Hawks and Orlando Magic.

As one of America’s top motivational, inspirational, and humorous speakers, Pat has addressed employees from many of the Fortune 500 companies. Pat is also the author of over 100 books, his most recent title highlighting those who influenced some of the greatest coaches in our history WHO COACHED THE COACHES.

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PRESIDENT’S MESSAGE

DAVID VS. GOLIATH 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.

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As I sit here today writing this article, I realize that I am half-way through my presidency which is both exciting and sad at the same time. I continue to be amazed by how much hard work the OCBA staff, my board, the committee chairs, and the committees themselves put in for this outstanding organization and realize how lucky I am to be a part of it. Luck, however, did not get me here. While many of you know me as someone that loves the Winter Park Racquet Club and tennis, I did not grow up as a member of a country club and I most certainly did not play tennis. I grew up in North Tonawanda, NY, which is a suburb of Buffalo (Go Bills!). I come from a lower middle-class family where I was the first on both sides of my family to ever go to college. My parents worked hard to put food on the table and when I came home from school each day, I was not only tasked with watching my brother who was 5 years younger than me, but I had a list of about 10 chores to do while also squeezing in gymnastics or softball practice and homework. Now you wonder why I am always so busy and why my kids play so many sports! My parents instilled in me from the time I was in elementary school the work ethic and grit to get to where I am today. I was not handed anything in my life. I had to fight for it and frankly, I think that is one of the reasons why I feel so grateful to be where I am, and to be your President.

While my story does not rise to the level of many of your stories, it does remind me of one of my favorite books by one of my favorite authors, David and Goliath, by Malcolm Gladwell. David and Goliath explores the concepts of underdogs prevailing against seemingly insurmountable odds. Gladwell revisits the classic biblical

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story of David and Goliath, presenting it as a metaphor for underdogs overcoming giants. He references the fact that Goliath’s size and strength became a disadvantage, as David’s agility and use of the sling ultimately led to the unexpected victory.

Some of the stories from the book are simply remarkable, and I want to highlight two of them for you today.

Using Weaknesses as Strengths.

One of the chapters in the book explores the lives of successful individuals with dyslexia, challenging the notion that learning disabilities are always a hindrance. Gladwell introduces successful entrepreneurs and professionals who attribute their unique perspectives and problem-solving skills to their experience with dyslexia. One example is an individual named David Boies who grew up in rural Illinois and had a hard time in school from a very young age. Nobody knew that the time that he suffered from dyslexia. Fresh out of high school he took a job as a construction worker and eventually got married. While pregnant, his wife urged Boies to find a more lucrative and less dangerous profession. While taking some college classes, he learned he could apply to law school without graduating college (something that is no longer the case). While his peers were feverishly taking notes in class, he listened intently and realized he had the ability to absorb the material in a way that his peers could not. He ended up transferring to Yale and becoming a litigator, which played to his strengths of being quick-witted, responsive, and a good listener. Dyslexia was absolutely a weakness for Boies, but he turned it into a strength.

What are your strengths and weaknesses? Are you in a practice area that fosters

your strengths or your weaknesses? Would you be happier, feel more fulfilled, or even be more successful if you switched practice areas? This chapter not only made me self-reflect to see if changes needed to be made in my life, but it reinvigorated the gritty and resilient side of me. Resilience is a constant theme throughout this book, and we should all remind ourselves that setbacks and challenges are opportunities for growth. One of my favorite quotes by Winston Churchill is, “Success is not final, failure is not fatal; It is the courage to continue that counts.”

The “Big Fish, Small Pond” Phenomenon. Another chapter that I en-

also noticed that the students were extremely competitive and refused to study in groups or help her at all. She ended up switching her major even though science truly was her passion. When Gladwell asked her what she thought would have happened if she went to University of Maryland instead, she stated very quickly that “she would still be in the science field.”

While we can all use this advice when figuring out what elementary, middle, high school and colleges are suitable for each of our children, this concept applies to us as well. Are you better suited for a small firm, mid-sized firm, or a large firm? Figure out what works best for you because not everyone is suited for Big Law, and you can still be extremely successful in Orlando even being a solo practitioner. I realized after interviewing for an international firm in Atlanta, GA, that I didn’t want to be a small fish in a big pond. Not only did this apply to the law firm, but it also applied to the city as well. Driving on the interstate through Atlanta and driving downtown trying to find the building for my interview was one of the most stressful days of my life. While the interview went very well and I still keep in touch with the attorney that interviewed me who happens to be a very well-known IP practitioner, it was just not for me. I came to love Orlando because it wasn’t big, but it was big enough and the same goes for my boutique IP firm.

Find what suits you whether it is an Am Law 100 law firm or your own firm where you hang a shingle. Both can be equally as rewarding.

joyed was the chapter on the “big fish, small pond” phenomenon. Gladwell discusses the concept of students who may excel in smaller, less competitive school environments but struggle when being placed in larger, more competitive institutions. This chapter challenged the traditional notions of prestigious education and success, urging readers to consider alternative paths. For many high-achieving students (and their parents), the ultimate goal is to go to the most selective college they can get into. However, as Gladwell argues, this may not be the best strategy for success and can, in some cases, set students up for failure. Gladwell discusses a student named Caroline that loved science from the time she was a little girl.

She went to public high school in suburban Washington, DC and was at the top of her class. She ended up getting into Brown and found herself in a peculiar situation.

School had always been easy for her, but she was now struggling to even get B’s in Thank you, as always, for reading and her science classes. She noticed that she was surrounded by students who, like her, for having me as your President. graduated at the top of their class and always excelled. Because the concepts were no longer coming easily to her, she felt stupid and lost all confidence in herself. She

One of my favorite quotes by Winston Churchill is “Success is not final, failure is not fatal; It is the courage to continue that counts.”

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CLERK’S CORNER

A YEAR IN REVIEW Helping and serving our community.

The Honorable Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

As we kick off the new year, I want to take a moment to reflect on the past year to thank all our legal partners who have helped my office serve the community to provide better access to justice.

As an attorney, it is a privilege to work closely with the Orange County Bar Association (OCBA), which has a long history of partnering with the Clerk’s Office. The partnership is more important than ever as we continue to provide self-help options, enhance technology, and work to make doing business with the Clerk’s Office easier.

This past year we continued to serve the community by hosting free legal forums on the legal process of Child Support, and Guardianship. At the Self Help Center, our partnership with the OCBA allows us to offer low-cost virtual attorney consultations in Family Law, Small Claims and Residential Evictions. We can always use attorneys to assist at the Self Help Center and present during our legal forums as a service to the community. When you’re considering where you want to do your pro bono work this year, please keep my office in mind.

Over the summer, my staff and I volunteered at Second Harvest Food Bank of Central Florida and United Against Poverty Orlando for what we called an “Impact Day of Service” to help fight hunger in our local community. Our efforts helped feed 12�0000 families in Central Florida.

In our annual United Way campaign, I’m very proud to say my office raised more than $32�000 this year for the Heart of Florida United Way. It was one of the largest amounts my office has ever raised for the campaign. While there are dozens of organizations that receive support from United Way, my office’s outreach priorities continue to be mental health, domestic violence, and access to justice which directly relate to the work we do.

We could never make an impact like this without the hard work and dedication of my employees who either give their time, pledges, or help with events to raise donations. I am proud of everything our employees, their families, and volunteers work to accomplish to make a difference.

I am excited about what 2024 holds as my office will continue to look for more ways to enhance our customers experience and serve our community.

Until next time,

Tiffany Moore Russell Orange County Clerk of Courts

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I JANUARY 2024

2024 Bench Bar Conference Keynote Speaker: U.S. OLYMPIAN

JOHNNY QUINN Friday, April 26, 2024 Rosen Shingle Creek Orlando, FL

Keynote Sponsor:

CHIEF’S COLUMN

The Honorable Lisa T. Munyon is the Chief

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

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2024 ADMINISTRATIVE JUDGES Did you start this new year off with a resolution? Many of us do. A new year feels like a fresh start – an opportunity to do better or differently. And, despite the doom and gloom in your social media feed highlighting how often people fail to keep these resolutions, many of us actually succeed. And more often than not, at least here at the Ninth, those individual successes directly translate into community benefits.

As I am sure you can surmise from the accompanying graphic – the individuals I am alluding to are our administrative judges.

Every year I ask 15 judges to take on the roles of administrative judge and associate administrative judge. And every year, in addition to their normal caseload and without additional compensation, they do. These judges start the new year with a resolution to do more. They resolve to assist with managerial, administrative, and liaison duties for their divisions. To make recommendations regarding assignments and reas-

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signment of cases. To aid with coverage of divisions and the scheduling of hearing officers and magistrates. And, to implement procedures as envisioned in administrative orders. Through these important tasks and many more, these judges help ensure our courts dispense justice both effectively and efficiently – benefitting us all.

As we look forward to all that this new year holds, let us not forget to take one last look behind at the hard work of the 2023 administrative and associate administrative judges. We reaped a great many benefits from their dedication to the bench and their administrative roles and I would like to take this opportunity to express a heartfelt thanks to each. While many will continue on in their roles, others are changing divisions. Judges Denise Beamer, Luis Calderon, Mark Blechman, Michael Kraynick, Heather Higbee and Hal Epperson have new division assignments. Their service and leadership deserves recognition, and I

appreciate the hard work that each has done to make the Ninth Circuit the best in the state.

So without further ado, and per Administrative Order No. 2023-14, allow me to introduce the 15 judges who will play a vital role in the policy, procedures, and function of our courts.

• General Circuit Civil Division (Orange County— includes Business Court, Probate, Mental Health, Trusts, and Guardianship): • The Honorable Margaret H. Schreiber as Administrative Judge and • The Honorable Patricia L. Strowbridge as Associate Administrative Judge • Circuit Criminal Justice Division (Orange County— includes Jimmy Ryce Cases): • The Honorable Leticia Marques as Administrative Judge and • The Honorable Robert J. Egan as Associate Administrative Judge • Circuit Family Court Division (Orange County): • The Honorable Diana M. Tennis as Administrative Judge and • The Honorable Gisela T. Laurent as Associate Administrative Judge • Circuit Juvenile Division (Orange County): • The Honorable Reginald K. Whitehead as Administrative Judge and • The Honorable Greg A. Tynan as Associate Administrative Judge • Unified Problem Solving Court Division (Orange & Osceola Counties): • The Honorable Alicia L. Latimore • Circuit Appellate Divisions (Orange & Osceola Counties): • The Honorable Kevin B. Weiss • County Court (Orange County): • The Honorable Tina L. Caraballo as Administrative Judge and • The Honorable Brian F. Duckworth as Associate Administrative Judge • Circuit & County Courts (Osceola County): • The Honorable Keith A. Carsten as Administrative Judge of Circuit and County Courts • The Honorable Tanya Davis Wilson as Associate Administrative Judge of Circuit and County Courts • The Honorable Stefania C. Jancewicz as Associate Administrative Judge of County Court

New Members REGULAR AND GOVERNMENT ATTORNEY

Teresa Adams Grant Couch Joseph M. Cox Jamie A. Cuzmar Karen L. Gable Violeta Gonzales Allison H. Gray Emmily Marcela Kozan Ribeiro Hao Li Douglas P. Malenfant Shana L. Manuel

Tiffany Lola McAvoy Charla B. Mcklevey Krissia E. Mendez Miranda S. Ratcliffe Stephanie Raton Jimmy Sherris Robert John Slama Matthew M. Small Scott A. Smothers Ali Friedberg Tal-mason Rumor E Watts Tiara Deshay Young

STUDENT

William Crouch Azadeh S. Larsen

Keen H. Willliams

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Garn-St Germain and exceptions to due-on-sales clauses.

HOUSE IN ORDER

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W

e are often asked, “What happens to the mortgage?” owned by a decedent during a probate administration proceeding or when conveying mortgaged real property. Most mortgages have a due-on-sale clause, also known as an acceleration clause, which gives the lender the right to ask for payment in full if the owner sells the home without paying off the loan. Federal regulation 12 C.F.R. 591�2 provides that the due-on-sale clause is triggered by “transfers of real property subject to a real property loan by assumptions, installment land sales contracts, wraparound loans, contracts for deeds, transfers subject to the mortgage or similar lien, and other like transfers.”

Unless prohibited by federal law, the lender can call in the loan any time it feels that it is in its best interest.

This clause has several exceptions, most of which may involve written notice to the lender in advance. The GarnSt Germain Depository Institutions Act of 1982 (penned by Utah Senator Jake Garn and Rhode Island Congressman Fernand St Germain) at 12 U.S.C. § 1701j-3 (Preemption of DueOn-Sale Prohibitions) provides several exceptions that prohibits a lender from accelerating a note under

a due-on-sale clause for the following conditions: (1) creating a junior lien in the property, if there is no change in the right to occupy the property; (2) creating a purchase-money security interest for household appliances; (3) a transfer by devise, descent or operation of law on the death of a joint tenant or tenant by the entirety; (4) leasing the property for no more than 3 years, provided the lease does not include a purchase option; (5) a transfer to a relative resulting from the death of a borrower; (6) a transfer where the spouse or children of the borrower become an owner of the property; (7) a transfer as a result of a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property; (8) a transfer to an inter-vivos trust as long as the borrower is and remains a beneficiary and the right to occupy the property does not change; (9) any other transfer or disposition described in Federal Home Loan Bank Board.

In the case of living trusts and land trusts, for example, the Garn-St Germain Act exempts these from the due-on-sale provisions.

Here, the trustee will hold title to the property and the lender cannot enforce the

due-on-sales clause if the borrower is the trust beneficiary. But the lender must be furnished with a copy of the trust document upon request. In the case of title placed into a land trust, the due-on-sale clause will not be in violation so long as

In the case of living trusts and land trusts… the lender cannot enforce the dueon-sales clause if the borrower is the trust beneficiary. But the lender must be furnished with a copy of the trust document upon request.

there is no change in occupancy. Lenders will generally notice a real estate transfer in various ways including if there is a change of name on the deed, if there’s a different name on the check received for payment, or if theirs is a change in the hazard insurance beneficiary. Also note that Garn-St Germain applies only to residential property. Although on its face the statutory text seems to imply that one need not live in the property, and it can be up to a five-unit apartment complex and still qualify.

For many trust-based estate plans, compliance can be achieved because many of our clients own only a single-family home that they intend to continue to occupy after the transfer to an inter vivos trust for their benefit. However, when a property contains five or more units (e.g. apartment buildings) or when title to the mortgaged property is transferred to an LLC or other ownership vehicle, no protections are afforded by the Garn-St Germain Act. These types of transfers may trigger a due-onsale clause, and caution is strongly urged. One solution is to obtain lender approval in writing before executing a transfer that is not explicitly covered by the exemptions in the GarnSt Germain Act. For exam-

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PUT THEIR HOUSE IN ORDER

Jeanette Mora, Esq.,

practices probate and guardianship law with Family First Firm in Winter Park, Florida. She serves as Chair of the Elder Law Committee and Co-Chair of the Estate, Guardianship, and Trust Committee. She has been an OCBA member for 5 years.

ple, many lenders may permit the transfer of property into an LLC provided that the original borrowers remain liable for the mortgage if the LLC defaults on the payments or if the LLC has its own good credit history. A note of caution in making such contact is that the lender may refuse to grant permission or fail to respond, and now the matter has been brought to the lender’s attention. As a practical matter, lenders probably do not actively patrol land records for transfers that may trigger the due-onsale clause. By contrast, in a rising interest rate environ-

when interest rates appear to be rising.

Amongst these considerations, practitioners should also consider the potential impact of such transfers on title insurance and homeowner’s liability insurance.

In general, it is always wise to contact insurance providers to ensure continuity of coverage. Other considerations include the impact of the transfer on homestead exemptions and property taxes, if any.

ment, lenders may become more aggressive. The lender may call a low interest rate loan, which will likely require refinancing or obtaining a new loan, at much higher interest rates to the lender’s benefit. While caution is always warranted, extra caution should be taken where Garn-St Germain Act protections are not obvious, especially

This article is reprinted with permission and was originally published in the Spring 2023 issue of ActionLine, a Florida Bar Real Property and Trust Law Section publication.

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TEACHING TIPS: PARALEGAL SECTION

PARALEGAL EXCELLENCE: KEY SUCCESS FACTORS

Marisol Gomez, is a

litigation Paralegal at Your Insurance Attorney, PLLC, and is the Immediate Past President of the OCBA Paralegal Section.

She works in the area of personal injury and has been a paralegal for twenty-four years and an OCBA member since 2014.

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rass you and your law firm and cause financial or job loss. I recall I once saw a social media post by another paralegal–it was a photograph of a pleading from the opposing attorney that was laden with obvious errors. I’m certain that if this Why the quality of your work matters and made its way to the attorney how it could cost you or your employer. or the law firm it belonged to, it caused some embarhe quality of your work is a reflection of your rassment for the filing atskills, knowledge, and dedication. Having a strong torney and paralegal. In my understanding of the law, excellent legal research career, I have seen pleadand writing skills, good communication skills, and the ings laden with grammatical and formatting errors, such ability to multitask are the foundation of a highly-skilled as two different fonts, jusparalegal. Alongside these qualities, the top attribute of a well-qualified, highly-skilled paralegal is a high level of at- tified and unjustified paragraphs in one pleading, and tention to detail, which allows him orher to put out qualiincorrect names of parties in ty work. The quality of your work is of the utmost importhe body of a pleading. Ertance. Not only does it affect your reputation, your career rors such as these could easopportunities, your financial compensation, and your ily be avoided if more attenoverall satisfaction with your work, but it also impacts tion to detail and care were your employer and attorney(s) in various ways. given in drafting these documents. There are systems or steps you can develop to help you avoid these errors. ument invalid or make it According to the ABA’s For instance, double and tridifficult to enforce. For exStanding Committee on ample, a typographical error ple-checking your pleadParalegals, “Paralegals help on a Proposal for Settlement ings before submitting them law firms increase profits, amplify returns on investcan render it invalid and un- to your attorney or e-filing could help you find erment, improve satisfaction, enforceable. Although it is rors. This may seem tedious, and enhance lawyer’s qual- the attorney who signs the ity of life.” Paralegals play a pleadings, they rely on their especially if you are anything like me, swamped with vital role in assisting attorparalegal for accuracy– deadline upon deadline, but neys with a wide range of our role as support staff is the quality of a paralegal’s to help our attorneys mantasks, from legal research work reflects on the law firm age their time more effecand drafting to case manand, most importantly, may agement and trial prepatively and they should be negatively affect the client. ration. We must be able to able to depend on us to enAnother reason the quality produce high-quality work sure there are no errors in of a paralegal’s work matters in order to effectively supany documents generatis that it can have a direct port the attorney. If you ed. Mistakes not only show impact on the outcome of a a lack of care and detail, make a mistake on a pleadcase, the reputation of the ing, it could render the doc- but they could also embar-

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I JANUARY 2024

law firm or legal department, • Ask questions. Paralegals should not be afraid to and the client’s satisfaction ask questions of their atwith the legal services they torneys or other paralereceive. If a paralegal makes gals. This is the best way a mistake, it could delay the to ensure that they are on case, increase the cost of litthe right track and that igation, or even result in a their work meets the atloss for the client and the torney’s expectations. law firm or legal department.

Joining paralegal assoBelow are some tips to enciations and networking sure that your work is of the with like-minded paralehighest quality: gals can be of great value • Be thorough and meticin this aspect. ulous. Paralegals should • Be proactive. Paralegals carefully review all their should not wait for their work before submitting it attorneys to tell them to their attorneys or e-filwhat to do. They should ing it. They should also be proactive in identifydouble and triple-check ing tasks that need to be any important deadlines done and in taking steps or filing dates. to complete those tasks.

• Be organized and effiThis helps move your cient. Paralegals should case forward without dedevelop a system for orlays, helps an attorney to ganizing their work and achieve a successful outmanaging their time. This come for their client, and will help them to avoid in turn increases profits making mistakes and to for the law firm. meet deadlines.

T rust us

TO TREAT YOUR CLIENTS AS WELL AS YOU DO. By the time your clients seek family counsel, they’ve already been through a lot. We’re here to ease their burden, and yours.

Even though you can’t handle all their legal issues, you can hand them over to a lawyer who treats them as well as you do.

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• Communicate effectively with clients and other parties involved in a case.

• Be professional and ethical in your conduct.

By following these tips, you can increase your skill level, make fewer grammatical errors, and evolve into a highly-skilled paralegal. Highly-skilled paralegals can play a vital role in the financial success of their law firms, as well as achieve good outcomes for their clients, increasing client satisfaction.

Highly-skilled paralegals are in high demand in the legal profession. They can work on complex matters and are a valuable asset to law firms and employers, who are willing to com-

pete for top talent. This gives paralegals the leverage to choose employers that offer the best compensation, benefits, and work environment.

Overall, highly-skilled paralegals have the luxury of being selective in where they work. They can choose employers that offer the best compensation, benefits, work environment, and reputation. In turn, law firms that hire highly-skilled paralegals can provide their clients with high-quality legal services at a competitive price. They are also better positioned to handle complex legal matters, thus increasing profits without sacrificing client outcomes and satisfaction.

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PROFESSIONALISM COMMITTEE

LAW FIRMS AND THE STATE OF THE LEGAL MARKET Timothy Terry, Esq.,

of Timothy W. Terry, Attorney at Law, is a solo practitioner who practices in the areas of family law, criminal defense, and personal injury. He has been an OCBA member since 1987.

Navigating Challenges: Insights for Law Firms

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s your law firm among those that are thriving financially? Or is your law firm facing economic challenges? The good news is that if your firm is a midsize firm, chances are it is thriving. However, the larger firms and the smaller firms have experienced a downward shift in growth over the last several months, making 2023 a challenging year. James W. Jones, a senior fellow at the Center on Ethics and the Legal Profession at Georgetown Law reported that “Firms are being confronted with issues ranging from slowing demand to record-low productivity, all of which could have significant impacts on their economic and institutional health in 2023 and beyond.”

The ABA Journal, in an August 22, 2023, article by Amanda Robert, reported from a Wells Fargo Specialty Group that “law firms in the United States continue to face some financial challenges after drops in demand and productivity in the first six months of 2023, according to a new report[.]” The mid-year report was the result of a survey from more than 130 firms.

The survey focused on the health of the legal industry; with the outcome showing that law firms across the United States are continuing to face financial difficul-

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ties. The survey also found that two of the most daunting challenges for law firms in the near future appear to be a decrease in productivity and capacity utilization.

More lawyers entering the workforce has played a significant role in the reduction of billable hours. However, in order to offset the reduction in the number of billable hours by attorneys, brought on, in part, as a result of a decrease in productivity, billing rates by attorneys increased at an unprecedented rate. The overall billable rates for attorneys increased 7�7 per-

cent; and revenues increased 4�4 percent in the first half of this year. To offset the downturn in growth, many firms have turned to a reduction in the number of lawyers and delay employment of associate classes.

According to the 2023 Report on the State of the Legal Market, issued by the Center on Ethics and the Legal Profession at Georgetown Law and the Thomson Reuters Institute, law firms will be fraught with numerous problems. These problems will likely include a “slowing demand, less client spend optimism, higher expenses, falling productivity, weakening realization and inflation.” The report also states that partners “may feel significantly less well-off” when combined with the effects of inflation. With firms being faced with issues ranging from a slowing demand to low productivity, the result may well show a significant impact on their economic and institutional health both in 2023 and beyond.

Overall, larger law firms have experienced a substantial slowing in the demand for their services. This diminished demand is primarily due to a sharp contraction in transactional work, such as mergers and acquisitions. Growing economic uncertainty is, in large part, the basis of the problem.

The financial state of all law firms is not bleak. On

the upside, midsize law firms appear to be thriving, according to Mr. Jones. The “apparent willingness by clients to move work in search of high-quality but more cost-effective counsel as ‘striking.’ While larger firms saw stark deterioration in all practices, midsize firms were increasingly competitive, especially in litigation, labor and employment, and intellectual property.”

Survival of law firms in light of today’s economic uncertainties requires a close examination of all aspects of the firm’s business. This would include the management of talent, workflow, practice management, finances and operations; followed up by the implementation of any necessary solutions, including use of technology.

Regardless of the size of a law firm, cybersecurity, involving hacking, ransomware, loss of data and security breaches continues to be a major concern. Economic pressures have impacted the legal profession as a whole, but larger law firms are more likely to confront the risks on a greater scale. Larger firms increasingly rely on technology as a means of reducing costs as well as for additional purposes. Pursuant to the 2022 Law Firm Business Leaders Report, “Increased use of technology raises the risk of cybercrime, which is an-

other one of the common threats faced by large law firms. The sensitive and potentially valuable information housed on a law firm’s database creates an attractive target for cybercriminals . . . law firm leaders expressed concern about hacking, ransomware, loss of date, and security breaches.” With the increase in the availability of technology, tools and the move toward continued use of remote work, carrying professional liability insurance to protect against damages related to cybersecurity issues has become a must-have for larger firms.

Along with the decrease in billable hours, competition for talent has created an upsurge in lawyer salaries at large law firms. Increased business development costs, inflation and an increase in expenses relating to the return (after COVID) to in-office work by staff members has also caused overhead and direct expenses to increase for larger firms.

The five most common challenges facing small law firms have been identified as (1) not getting paid; (2) increased competition; (3) skills shortage; (4) over-dependence on conveyancing; and (5) communication breakdowns. In order to identify and analyze the internal and external factors that can impact a busi-

ness, law firms can conduct a “SWOT Analysis”, which covers the law firm’s Strengths, Weaknesses, Opportunities, and Threats.

Some examples that may need improvement and/ or are holding back a small firm’s growth may include a lack of resources, outdated technology, a small team, or a lack of specialization. The analysis is an uncomplicated way to gain a comprehensive understanding of a law firm’s current position and strategy in the highly competitive legal industry. Strengths are the positive attributes of a law firm, such as reputation and specialized expertise. Weaknesses may include lack of resources, outdated technology, a small team, or a lack of specialization. Opportunities are external factors, such as new technologies or changes in the legal industry, that may produce potential advantages for a law firm. Conversely, threats are also external factors, including new competitors or negative perceptions of a law firm, which may present risks to your law firm.

To conduct a SWOT analysis, the lawyer first needs a list of the firm’s strengths– the expertise of the attorneys, the firm’s reputation and track record; as well as material strengths such as profitable billings and upto-date technology. Next, list the law firm’s weakness-

Survival of law firms in light of today’s economic uncertainties requires a close examination of all aspects of the firm’s business. es–areas that are challenging and need improvement.

Third is to identify opportunities, which may be external factors that present potential advantages for the business. Finally, list any external factors that may present challenges or risks to the law firm–these are the firm’s threats. Once the lists are complete, each identified item is assigned a rating by its impact on the firm (high, medium or low impact). All high impact items should be addressed immediately; and a plan for implementing decisions relating to the lesser impact graded items should be made. The analysis should also be reviewed and updated regularly as a law firm grows and changes. It’s important for lawyers to be aware of the firm’s current position so that informed decisions on how to move forward can be made.

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SOCIAL SECURITY COMMITTEE

SCOTUS SHAPING SOCIAL SECURITY

Sarah Jacobs, Esq.,

has successfully represented hundreds of claimants in their Social Security appeals to federal court, has successfully briefed multiple cases before the Eleventh Circuit Court of Appeals, and was co-counsel in the case of Culbertson v. Berryhill which resulted in a 9–0 favorable decision in the United States Supreme Court on January 8, 2019.

Ms. Jacobs is one of ten Board Certified Advocates in Florida in Social Security Disability by the National Board of Trial Advocacy.

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recognition of Lucia’s impact on the validity of the then-current ALJs, Former Acting Commissioner Berryhill ratified the appointment of the then-current ALJs on July 16, 2018. Prior to July The United States Supreme Court’s 16, 2018, SSA ALJs were recent decisions affecting social security hired through a competitive claimants. service selection process rather than appointment by he OCBA’s Social Security Committee is dedicatan agency head. As such, ed to providing a platform for attorneys to share knowledge and collaborate on legal issues related SSA ALJs were not constitutionally appointed. Lucia to Social Security law. At some point in each of our lives, we will be impacted by the Social Security Administration resulted in a significant (“SSA”), either through the disability program or the retire- number of Social Security appeals being remanded ment program. by both the SSA’s Appeals The United States Supreme Court is asked to review Council and the federal more than 7�000 cases per year, but it only grants and hears oral argument in about eighty cases. In 2000, the Su- courts for further adminispreme Court issued their decision in Sims v. Apfel, holding trative proceedings before a properly appointed ALJ. that “Social Security proceedings are inquisitorial rather SSA then raised a defense than adversarial” and that the Administrative Law Judge in the Lucia context that (“ALJ”) has the duty “to investigate the facts and develdisability claimants needop the arguments both for and against granting benefits.”

Since 2018, the Supreme Court has granted and heard ar- ed to raise Appointments Clause challenges at some guments in six cases directly impacting the SSA. This article will discuss these six cases and the impact they have point during their administrative proceedings behad on our local federal courts. fore the Agency, otherwise, claimants were barred from obtaining judicial review of those challenges. SSA’s deA. Lucia v. SEC, 138 S. Ct. carrying out . . . important fense ended with a split 2044 (2018); Carr v. Saul, functions.” The Supreme 141 S. Ct. 1352 (2021).

Court held that the ALJ who in the Circuit Court of ApIn Lucia v. SEC, the Supreme ruled against Lucia had not peals- the Eighth and Tenth Circuits adopted SSA’s forCourt held that the Securibeen properly appointed feiture argument, while the ty and Exchange Commisand remanded Lucia’s case Third, Fourth, and Sixth Cirsioner’s (“SEC’s”) ALJs were for a new hearing before a cuits held that claimants inferior officers within the properly appointed judge. could challenge the constimeaning of the AppointAfter Lucia was decided, ments Clause of the U.S. SSA conceded that its ALJs, tutionality of an SSA ALJ’s appointment for the first like the ALJs for the SEC, Constitution (art. II, § 2, cl. time in federal court. Due were inferior officers sub2.) because they held “conto the Circuit split, the Sutinuing office[s] established ject to appointment purpreme Court granted certioby law” and exercised “sigsuant to the Constitution’s rari in Carr v. Saul. On April nificant discretion when Appointments Clause. In

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22, 2021, the Supreme Court issued its decision in Carr v.

Saul, which held “[w]here, as here, claimants are not required to exhaust certain issues in administrative proceedings to preserve them for judicial review, claimants who raise those issues for the first time in federal court are not untimely in doing so.” The Court cited two considerations that “tip[ped] the scales against imposing an issue-exhaustion requirement.” First, the Court noted it “has often observed that agency adjudications are generally ill suited to address structural constitutional challenges, which usually fall outside the adjudicators’ areas of technical expertise.” Second, the Court noted it “has consistently recognized a futility exception to exhaustion requirements” and “[i]t makes little sense to require litigants to present claims to adjudicators who are powerless to grant the relief requested.” The disability claimants were therefore granted new hearings before a properly appointed ALJ. B. Biestek v. Berryhill, 139 S. Ct. 1148 (2019).

The Social Security Regulations outline a five step, sequential evaluation process to determine whether a claimant is disabled: 1. Whether the claimant is currently engaged in substantial gainful activity;

2. Whether the claimant has a severe impairment or combination of impairments; 3. Whether the impairment meets or equals the severity of the specified impairments in the Listing of Impairments; 4. Based on a residual functional capacity (“RFC”) assessment, whether the claimant can perform any of his or her past relevant work despite the impairment; and 5. Whether there are significant numbers of jobs in the national economy that the claimant can perform given the claimant’s RFC, age, education, and work experience.

At the fifth step of the sequential evaluation process, the burden shifts to the Commissioner “to show the existence of other jobs in the national economy which, given the claimant’s impairments, the claimant can perform.” In most cases, SSA ALJs obtain testimony from “vocational experts” which are “professionals under contract with SSA to provide impartial testimony in agency proceedings.” These individuals “must have ‘expertise’ and ‘current knowledge’ of ‘[w]orking conditions and physical demands of various’ jobs; ‘[k]nowledge of the existence and numbers of [those jobs] in the national economy’; and ‘[i]nvolvement in or knowledge of

placing adult workers[ ] with disabilities[ ] into jobs.’”

In Biestek, Biestek’s attorney questioned the vocational expert regarding the basis for her testimony regarding the number of jobs available in the national economy that she testified to. The vocational expert testified she relied on the Bureau of Labor Statistics and her “own individual labor market surveys.” Biestek’s attorney requested the vocational expert produce her labor market surveys so he could review them, and the vocational expert refused.

The ALJ then stated he would not require the vocational expert to produce her files in any form.

On appeal, Biestek argued the vocational expert’s testimony could not constitute substantial evidence to support a finding of non-disability “because she had declined, upon request, to produce her supporting data.” The Supreme Court held that the vocational expert’s refusal to provide her data upon Biestek’s request did not categorically preclude her testimony from counting as “substantial evidence.” The Supreme Court described circumstances in which a vocational expert’s testimony may constitute substantial evidence even when unaccompanied by supporting data.

For example, the “expert has top-of-the-line creden-

tials, including professional qualifications and many years’ experience;” a history of providing sound testimony regarding job availability in similar cases; an explanation “that she arrived at her figures by surveying a range of representative employers; amassing specific information about their labor needs and employment of people with disabilities; and extrapolating those findings to the national economy by means of a well-accepted methodology.” This type of testimony may be the kind of evidence “that ‘a reasonable mind might accept as adequate to support’ a finding about job availability.” However, the Supreme Court recognized that “[i]n some cases, the refusal to disclose data, considered along with other shortcomings, will prevent a court from finding that ‘a reasonable mind’ could accept the expert’s testimony.”

C. Smith v. Berryhill, 139 S. Ct. 1765 (2019).

Disability claimants must generally proceed through a four-step process before they can obtain review in federal court: (1) an initial determination; (2) a reconsideration of the initial determination; (3) request a hearing before an ALJ and receive a decision; and (4) request review of the ALJ’s decision by the Appeals Council. Once the four-step process is completed, a claimant has the right

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SOCIAL SECURITY COMMITTEE to request judicial review by filing a timely civil action in federal district court.

In this case, Smith received an initial determination, reconsideration determination, and a denial by an ALJ after attending an administrative hearing.

Smith then requested review of the ALJ’s decision by the Appeals Council in April 2014, within the deadline to file the appeal. However, the Appeals Council claimed it had no record of receiving the timely submitted request for review.

In September 2014, Smith’s attorney sent the Appeals Council a copy of the letter he mailed in April 2014 and the Appeals Council counted the date of the request for review as the day it received the copy. The Appeals Council determined Smith’s request for review was untimely, he lacked good cause for missing his deadline, and dismissed his request for review.

Smith sought judicial review of the dismissal in federal district court, but the district court held that it lacked jurisdiction to hear the appeal. The Sixth Circuit Court of Appeals “affirmed, maintaining that ‘an Appeals Council decision to refrain from considering an untimely petition for review is not a ‘final decision’ subject to judicial review in federal court.’”

Smith petitioned the Supreme Court for certiora-

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ri and in response the Commissioner of SSA “stated that while the Sixth Circuit’s decision accorded with the SSA’s longstanding position, the Government had ‘reexamined the question and concluded that its prior position was incorrect.’” The Supreme Court granted certiorari to resolve a conflict among the Courts of Appeals. The Supreme Court held “[i]n light of the text, the context, and the presumption in favor of the reviewability of agency action” a “dismissal by the Appeals Council on timeliness grounds after a claimant has received an ALJ hearing on the merits qualifies as a ‘final decision … made after a hearing’ for purposes of allowing judicial review under §405(g).”

D. Babcock v. Kijakazi, 142 S. Ct. 641 (2022).

“The Social Security Act generally reduces the benefits of retirees who receive payments from separate pensions based on employ-

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ment not subject to Social Security taxes. The reduction is not triggered, though, by payments ‘based wholly on service as a member of a uniformed service.’” The question presented to the Supreme Court in this case was “whether this exception applies to civil-service pension payments based on employment as a ‘dual-status military technician’—a federal civilian employee who provides technical or administrative assistance to the National Guard.” The dual-status military technician is a unique position as it has characteristics from two different statuses and the technicians “perform work in two separate capacities that yield different forms of compensation.”

The Supreme Court held the claimant’s “civil-service pension payments fall outside the Social Security Act’s uniformed-services exception because they are based on service in his civilian capacity.”

E. Culbertson v. Berryhill, 139 S. Ct. 517 (2019).

A disability claimant “who has been denied benefits ‘in whole or in part’ by the Social Security Administration may seek administrative review of the initial agency determination, §405(b), and may then seek judicial review of the resulting final agency decision, §405(g).” “[T]he Social Security Act ‘discretely’ addresses attorney’s fees for the administrative and judicial-review stages: ‘§406(a) governs fees for representation in administrative proceedings; §406(b) controls fees for representation in court.’”

The petitioner in this case represented a claimant in proceedings seeking Social Security Disability benefits and after SSA denied her benefits, he filed an action in district court on her behalf. The district court reversed SSA’s decision and remanded the case for further administrative proceedings. The claimant was

ultimately awarded pastdue benefits and SSA withheld 25% of those benefits for any potential attorney’s fee that would be awarded. SSA awarded petitioner §406(a) fees for representing the claimant before the Agency. Petitioner then filed a motion with the district court for a separate fee award under 406(b) pursuant to a signed contingency-fee agreement. Petitioner’s request for fees was reduced by the court “because he did not subtract the amount he had already received under §406(a) for his agency-level representation.” The Eleventh Circuit

affirmed this decision “relying on Circuit precedent to hold that ‘the 25% limit from §406(b) applies to total fees awarded under both §406(a) and (b), preclud[ing] the aggregate allowance of attorney’s fees greater than twenty-five percent of the past due benefits received by the claimant.’”

The Supreme Court granted certiorari to resolve a conflict among the Circuit Court of Appeals. Relying, in part, on the plain language of the statute, the Supreme Court held “the 25% cap in §406(b)(1)(A) applies only to fees for court representation, and not to the ag-

gregate fees awarded under §§406(a) and (b).”

F. The United States District Court for the Middle District of Florida As of January 2023, the United States District Court for the Middle District of Florida was number one in the nation for Social Security appeal filings. In 2018, there were 681 Social Security appeals filed in the district; in 2019, there were 677 Social Security appeals filed in the district; in 2020, there were 983 Social Security appeals filed in the district; in 2021, there were 860 Social Security appeals filed in the dis-

trict; and in 2022, there were 661 Social Security appeals filed in the district. The increase in filings in 2020 and 2021 were likely the direct result of the Supreme Court’s decisions in Lucia and Carr.

Our local United States District Judges and United States Magistrate Judges carry a very heavy workload and diligently work to resolve the Social Security appeals as quickly as possible for some of the neediest individuals in our local communities. The OCBA SSA committee appreciates the time and dedication our federal judges give to these appeals.

HP AD

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IMPORTANT ELECTION INFORMATION OCBA 2024-2025 Fiscal Year Nominations OCBA Executive Council

(ONE-YEAR TERM FOR EACH POSITION: JUNE 1, 2024, THROUGH MAY 31, 2025.)

• Vice President/President-Elect • Treasurer • Secretary

(THREE-YEAR TERM FOR EACH POSITION: JUNE 1, 2024, THROUGH MAY 31, 2027.)

• Three (3) Executive Council Seats

Legal Aid Society of the OCBA

(THREE-YEAR TERM FOR EACH POSITION: JUNE 1, 2024 THROUGH MAY 31, 2027.)

• Two (2) Trustee Seats

Young Lawyers Section of the OCBA

(TWO-YEAR TERM FOR EACH POSITION: JUNE 1, 2024, THROUGH MAY 31, 2026.)

• Five (5) Board Member Seats

IMPORTANT DEADLINES:

Nomination Period: November 1, 2023 to January 12, 2024 Find out more information at orangecountybar.org/page/nominations-elections Voting shall be conducted online by secret ballot through Balloteer, an independent election services provider.

Each voting member will receive secure access to the online ballot via email sent to the member’s email address on record.

If you need to update your email address or do not receive a ballot, please email Carolyn Cochrane, at carolync@ocbanet.org, or call 407-422-4551, Ext. 245.

To ensure delivery of your email ballot, please whitelist ocba-voting@balloteer.com.

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LEGAL AID SOCIETY: THRIVING THROUGH SERVICE

WHY THIS GATOR LOVES NICK SABAN

Embracing Saban’s Philosophy: Competing, Developing, and Serving Selflessly Bethanie Barber, Esq.,

Executive Director and OCBA member since 2008.

For more information on the Legal Aid Society, please contact Bethanie Barber, Executive Director and OCBA member since 2008, at (407) 841-8310 or bbarber@ legalaidocba.org. For more information on pro bono service, please contact Ms. Larri Thatcher, Deputy Director, Pro Bono Coordinator, and OCBA member since 1996, at the same number or at lthatcher@legalaidocba.org.

No matter what our community faces, we know the heart of the operation remains unchanged: we will never stop competing.

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hear most from members of the OCBA The Legal Aid Society of the OCBA exists in our current form because our legal community believes in supporting the most vulnerable of our entire community. We serve the homeless, victims of physical battery quietly calling from remote corabused, forgotten, taken advantage of, and left with ners of their homes trying nearly nothing, who would to seek help as their abusblame you for not compet- er sits in the other room, as well as people who recently ing? Well, our clients keep going. They contact us be- received an eviction notice cause they want to survive despite working multiple jobs. Assisting such a fragile and are willing to do the population means we feel a work to make it through deep sense of responsibility the tough times.

The incredible pro bono to keep competing.

That’s why we love new attorneys who extend a attorneys who choose to lifeline to our clients also learn a new area of practice practice another critical with the help of LAS staff Sabanism: “Players need the opportunity to develop so we can serve our vulnerbefore we get to the result.” able neighbors together. No matter what our community The level of selflessness that goes into pro bono faces, we know the heart of work—knowing life never the operation remains unstops and professional de- changed: we will never stop mands remain—grow their competing. If you’re interprofessional and personal ested in “sharpening” your selves through service. Ev- skills or helping our deserveryone benefits when this ing clients compete in the game of life, we’re here. Join happens. us, even if you don’t love Without fail, “How can Nick Saban.

I help?” is the question I

s painful of a revelation as this is, this Florida Gator loves Nick Saban. To be clear, I found the end of the golden Urban Meyer era when we stopped dominating Alabama painful. I cringed as other Florida football coaches stumbled against Saban (though let me take this moment to relish our 2008 SEC title game win over Alabama).

What I do love, though, is his approach to coaching, both on and off the field.

Saban respects the process. He trusts the process.

When failure occurs, he doesn’t quit on the process.

He knows probability is in favor of the process.

I often think of Saban’s words: “What’s significant to me is that my guys keep competing . . . Iron sharpens iron.” I’m thrilled the Orange County Bar Association (“OCBA”) lives these words every day with their commitment to the Legal Aid Society of the Orange County Bar Association, Inc. (“LAS”). So do Legal Aid’s clients and staff.

After hearing what our clients endure, I don’t think many of us would be able to compete if in their shoes. When you’ve been pushed down, stepped on,

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SIDEBAR

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SIDEBAR: NEWS / EVENTS / UPDATES NEWS / EVENTS / UPDATES

VOLUNTARY BAR

Maui Relief Fundraiser

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Greater Orlando Asian American Bar Association

OCT 19 / The Greater Orlando Asian American Bar Association

(GOAABA) hosted a Maui Relief Fundraiser at Aku Aku. At this event, all membership renewal dues submitted were donated directly to the Lahaina Wildfire Relief and Rebuilding. Non members were also able to get in on the fun by donating $15 for the cause. GOAABA wishes to thank Legal Serve USA, Than Law, Maaswinkel Law, Bao Chicka Wow Rental Company and Samaroo Law.

How to Start a Business Panel

SEP 20 / GOAABA teamed up with the Asian American Chamber of

Commerce for their “How to Start Business” panel.

2

District 35 Special Primary Election Candidate Forum

OCT 25, 2023 / GOAABA and the Asian American Pacific Islanders Coming Together (ACT) hosted a virtual primary candidate forum.

GOAABA wishes to thank all of the panelists, candidates and gusts who participated.

WHO’S WHO 1 GOAABA Maui Relief Fundraiser Happy Hour at Aku Aku 2 Kenway Wong, David Yau, XiXi Li, Jacqueline Gardner 3 Top: Candidate Rishi Bagga, XiXi Li, Candidate Tom Keen Bottom: David Yau, Onchantho Am, Andrew Reath

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OTHER VOLUNTARY BAR EVENTS OCT 15, 2023 / Thomson Reuters sponsored an exciting evening of sports and camaraderie by treating Central Florida Association for Women Lawyers (CFAWL) members with tickets to an Orlando Soccer Pride Game.

OCT 19, 2023 / CFAWL and the Orange County Bar Association (OCBA) hosted a joint luncheon featuring speaker Jared Bannan, Esq.

7th Amendment Symposium The Central Florida Board of Trial Advocates

OCT 23, 2023 / CFAWL brought the magic of Halloween to the residents of Help Now of Osceola.

CFAWL’s cauldron was bubbling with excitement as they brought treats, costumes, and piping hot pizza to share. The evening was topped with a fun Halloween movie for all to enjoy.

OCBA Trunk Or Treat The Central Florida Association for Women Lawyers

OCT 25, 2023 / CFAWL members Alena Baker

and Nikki Hinton won second place at the OCBA trunk or treat with “The Great Pumpkin Charlie Brown”. A huge thank you to the OCBA for coordinating such a fun night of trunk or treating, pizza and crafts for the littles.

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.

OCT 28, 2023 / CFAWL helped make strides against cancer in the Orlando Making Strides Against Breast Cancer 5k Walk.

MAR 20 AND OCT 7, 2023 / the Central Florida Board of Trial Advocates (CFLABOTA) held its 7th Amendment Symposium in the Orange County Courthouse. In attendance were nearly 200 very enthusiastic local high school students from East River High School, Lake Highland Preparatory School, Boone High School and Foundation Academy. Chief Judge Munyon, Judge Heather Pinder- Rodriguez, Judge Jordan and CFLABOTA trial attorneys made presentations as to the origins of our Constitution’s 7th Amendment Right to a Jury in Civil Cases as well as to its importance in preserving equal justice under the law.

NOV 9, 2023 / CFAWL members teamed together to support our troops.

Thank you to Milestone Reporting for hosting the event which allowed members, both in person as well as online, the opportunity to make cards to send to our troops as a token of appreciation.

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SIDEBAR: NEWS / EVENTS / UPDATES

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.

1 YOUNG LAWYERS SECTION

10-19 MEMBERS

YLS Luncheon

NOV 10 / the Honorable Mark W. Klingensmith, Chief Judge of the

Fourth District Court of Appeal, spoke at the YLS Luncheon about the impact of ChatGPT and AI on the future of legal industry. Technology might make us more efficient, but it can never replace us! (Here’s hoping).

OTHER YLS EVENTS

NOV 3 / YLS kept spooky season alive at our Halloween Happy Hour. It’s always a treat to connect and spend time together as a YLS community.

NOV 16 / YLS, the OCBA Paralegal Section, and the FBA had a great time at our Thanksgiving Food Drive Happy Hour. Together we were able to provide food to families in need at the holidays.

DEC 13 / We had so much fun at our annual Holiday Party. We mingled and jingled while collecting toys for students at Washington Shores Elementary.

Lauren Reynolds, Esq.,

is a shareholder in Winderweedle, Haines, Ward & Woodman’s where she practices bankruptcy law and litigation. She has been a member of the OCBA since 2014.

FOLLOW US!

@OCBAYLS #TogetherWeGoFar

Coming up JAN 19, 2024 / YLS Luncheon at the Citrus Club FEB 2, 2024 / YLS Golf Tournament at Rio Pinar Country Club.

Sign up to play and sponsor before it’s too late!

FEB 16, 2024 / YLS Luncheon at the Citrus Club FEB 22, 2024 / Evening with the Judiciary at the Winter Park Library

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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.

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WE TURN MEDIATION INTO A MASTERPIECE

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HEARSAY

“I eat 12 grapes

It’s the beginning of a new year! 2024 brings with it new opportunities and renewed goals.

It’s no surprise that we’re celebrating this new year in a variety of ways. Here are just a few ways that OCBA members are celebrating.

at midnight for good luck and prosperity. Each grape represents one of the months in the new year.

It's been a family tradition ever since I can remember!”

—Jeanette Mora, Family First Firm and OCBA Elder

Law Committee Chair

“If I'm with friends, Being of Haitian descent, celebrate by cooking Soup Joumou, a rich soup it doesn’t matter we that symbolizes Haitian independence. During the where we are. French colonial rule of Haiti, enslaved Africans Ringing in the New Year with loved ones is my favorite way to celebrate.”

—C. Todd Smith, C. Todd Smith Law, OCBA Solo & Small Firm Committee Chair

were forced to cultivate pumpkin/squash but were not allowed to eat it. When Haitians won their independence on Jan. 1, 1804, they ate Soup Joumou to celebrate. Thus, Soup Joumou.

—Annie Blanc & Reginald Guillaume, OCBA Diversity & Inclusion

Committee Chair & Co-Chair

“Korean New Year is a special holiday in the Korean

community. I love spending time with my family, and eating Tteokguk, a soup that is believed to bring good luck for the new year.” —Judge Denise Kim Beamer

“A nice dinner with a dozen or so of our closest friends, early in the evening. We try to

wrap up well before midnight and rush into our pajamas to watch the New Year countdown from the comfort of home.”

—Michael C. Kelley, Partner at Shutts & Bowen and

OCBA Judicial Relations Committee Co-Chair

32 I

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I JANUARY 2024

Ana “Ani” RodriguezNewborn, ESQ. practices

Family Law at TangelRodriguez & Associates. She has been an OCBA member since 2014.

Upchurch Watson White & Max MEDIATION GROUP

is proud to announce

Vincent M. D’Assaro has joined its distinguished panel.

» Certified as a mediator since 2005 and now devoting his professional time to dispute resolution. » Focused on an active litigation practice for more than 40 years until May 2023, representing both plaintiffs and defendants in a wide variety of injury and wrongful death cases. » Board Certified Civil Trial Vinny D’Assaro lawyer and rated AV Preeminent by vdassaro@uww-adr.com Martindale-Hubbell.

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I The Briefs

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