Skip to main content

The Orange County Bar Association - The Briefs - February 2024

Page 1

ADD YOUR VOICE

Lisa T. Munyon pushes for more Orange County bench seats.

EMPOWER DIVERSITY

Annie L. Blanc & Reginald Guilaume on DEI in voluntary bar associations.

A PUBLICATION OF

Living in a

BARBIE WORLD Professional women will no longer be boxed in by outdated assumptions

WORKING IT OUT

Neil A. Ambekar on making Worker’s Compensation work for new lawyers.

FEBRUARY 2024 VOL. 92 NO. 2


the

Contents 12 I

LIVING IN A BARBIE WORLD

Dismantling the stereotypes of the past in pursuit of a more female-friendly future.

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE Making Room at the Table Amber Davis, Esq.

08 I CLERK’S CORNER Uniform Case Number Changes

The Honorable Tiffany Moore Russell, Esq.

10 I CHIEF’S COLUMN Add Your Voice

The Honorable Lisa T. Munyon

FROM THE COMMITTEES

16 I FOUNDATION

Celebrating Excellence and Community Engagement Michael Andriano

18 I DE&I COMMITTEE Empowering Diversity

SIDEBAR: NEWS / EVENTS / UPDATES

30 I VOLUNTARY BAR Alena V. Baker, Esq.

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

Annie L. Blanc, Esq. and Reginald Guillaume, Esq.

20 I WORKER’S COMP COMMITTEE

Making Workers’ Comp Work for New Lawyers Neil A. Ambekar

LEGAL AID SOCIETY

26 I WHAT WE DO

Brayden Phillips Inspires Generosity Donna Haynes

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

4I

The Briefs

I FEBRUARY 2024


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 SPEAKER

MYRON ROLLE

_________________

the Briefs FEBRUARY 2024 VOL.92 NO.2

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

JOINT LUNCHEON WITH PAUL C. PERKINS BAR ASSOCIATION February 15, 2024 11�30 am

The Citrus Club 255 S. Orange Ave. STE 1800, Orlando, FL Save the date for an exceptional Joint Luncheon in collaboration with the Paul C. Perkins Bar Association, celebrating the achievements of the African-American legal community. Our distinguished speaker, Dr. Myron L. Rolle, a Bahamian-American neurosurgeon and former football safety, brings a unique journey from college football at Florida State to a neurosurgery residency at Harvard Medical School. Join us for a dynamic event featuring inspiring conversations, networking opportunities, and a shared commitment to diversity, equity, and justice. Together, we’ll shape a more inclusive legal landscape, guided by Dr. Rolle’s remarkable insights.

RSVP by Monday, February 12 Ashley Velez ashleyv@ocbanet.org | orangecountybar.org/page/store RSVPs and cancellations will not be accepted after February 12, 2024

TITLE SPONSOR

Design Em Agency, emagency.com _________________

MORE EVENTS

orangecountybar.org/events

orangecountybar.org

I The Briefs

I5


PRESIDENT’S MESSAGE

MAKING ROOM AT THE TABLE 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.

6I

The Briefs

As I sit here today writing this article, I am finally home from the hospital after a tumultuous two days trying to figure out what was wrong with my 5-yearold daughter. Two weeks ago, she had strep throat and went on a 10-day dose of amoxicillin. Friday morning, she woke up and her ankles were itching. By Friday afternoon they were red, swollen, and hot to touch. I had a friend whose son almost had to have his leg amputated because the strep had traveled to his joints so I was concerned this may have been what was going on with my daughter. I went to the hospital and after just about every test possible, the consensus is that she is likely allergic to amoxicillin. Luckily, it wasn’t a septic infection or rheumatic fever, and my sweet girl is home and feeling much better. One thing that I noticed over the past two days is that the medical field is so much more diverse than the legal field. This month is Black History month, and my intent was to write about a book I recently read called Room at the Table by Dr. Renee Branch Canady. I will certainly discuss the book, but I would be remiss to not reflect on the past two days and the amazing doctors, nurses, PAs, and technicians that helped my 5-year-old through a difficult time. Unlike a typical law office, almost every single race was represented. Throughout our stay we had a Black, White, Indian, Asian, and Hispanic doctor. We had a Brazilian nurse who was the absolute best and made my daughter feel right at home. Every single person from the techs, to the greeters, doctors and nurses was kind, competent, and did everything in their power to ease our concerns and make our stay comfortable.

I FEBRUARY 2024

While many law firms are making a concerted effort to be more diverse, we all can, and certainly should, do more. This not only applies to our offices, but to the organizations, committees, and boards we serve on, and especially those where we have a leadership role. Room at the Table by Dr. Renee Branch Canady teaches principles of equity so you can better understand yourself as well as others. One concept from the book that is intriguing is called “leadering.” Most words that end in -er suggest action. A helper is helping, a teacher is teaching, and a preacher is preaching. Leader, however, is always used as a label and as a noun for what they are versus was they are doing. According to Dr. Canady, leadering is continuous and suggests action as opposed to just defining a role. This means that our roles as leaders are not limited to one organization or one role, but instead encompass every aspect of our lives. Leadering with an eye towards equity incites dialogue as often as possible, and this includes uncomfortable topics. Imagine a situation where someone (or perhaps even you) accidentally says something offensive, especially in the context of race. Typically, one will react and state “I didn’t mean it that way”. The problem is that even though you didn’t mean it that way it was still extremely offensive and was taken that way. Leadering includes taking responsibility for your actions, learning why it was offensive, and facilitating a way to resolve the issue after the harm has been caused. While we have a diverse Board at the OCBA, the overall demographics of our members lean heavily white. This is something Rob, our Executive Director, and I would like to explore, and I understand it may include some


uncomfortable conversations, but we are up for the task. Whatever I can do to make room at the table and to create an environment where everyone feels comfortable and welcome, like my daughter and I and I felt this weekend, I am willing to do. A few words of advice from the book that I intend on using throughout my leadering is to ask questions and to speak up. “Questions lead to dialogue, dialogue is doing, doing is action, and action leads to change.” I think we could all benefit from asking a few more questions and having productive dialogue. With respect to speaking up, Dr. Canady examined the story of “The Emperor’s New Clothes” and how only one person was brave

enough to speak up and tell the emperor that he was naked! “Will we be the brave soul who speaks up, even when others try to silence us”? We are dealing with some pretty scary times right now, and we all, as attorneys, have the ability and likely the duty to speak up. Is there a situation at your firm that needs to be addressed? How about something that happened at your child’s school? Please know that as your OCBA President, there is always room at my table and I am not only here to listen, but also to speak up. Thank you.

“Questions lead to dialogue, dialogue is doing, doing is action, and action leads to change.”

orangecountybar.org

I The Briefs

I7


CLERK’S CORNER

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

As attorneys you are probably familiar with the Uniform Case Numbering system, and recently my office has had to implement changes with the Uniform Case Numbers (UCN) for Traffic and County Criminal case types. The UCN was established by the Florida Supreme Court Administrative Order in 1998. In 2003, the Supreme Court further charged the Office of State Courts Administrator (OSCA) with developing UCN reporting guidelines and disseminated those instructions to the clerks of the circuit and county courts. The UCN is the primary identifier used by the Office of State Courts Administrator (OSCA) to associate reported case and court activity. This change was needed because OSCA will only be using the first 14 characters of the UCN which currently does not identify cases by branch or location. To meet this new requirement, my office has changed from using a single series for case number assignment within our Odyssey case management system to using a number block assignment to generate a case number. This will create a unique number at the beginning of the six-digit sequential number you’re used to seeing for each branch location. For example, an Ocoee CT case once numbered 2024-CT-000002-A-W will now have the first zero replaced with 1, 2, 3, or 4 based on branch location. That same case number will now appear as 2024-CT-200002-A-W. This UCN change only affects Traffic and County Criminal Cases with prefix types of TR, MM, and CT. This will not change case numbers for any other cases such as Civil, Family, or Felony Criminal. This change went into effect January 1, 2024, and any case numbers prior to that date will not be altered. I know that this new Uniform Case Numbering may be confusing, so that is why my staff and I are always here to assist you with any questions or concerns. For any additional questions, feel free to reach out to my Operations Director Melissa Geist at 407-836-2201. Until next time,

Tiffany Moore Russell Orange County Clerk of Courts

8I

The Briefs

I FEBRUARY 2024


CHIEF’S COLUMN

ADD YOUR VOICE Advocate for Additional Seats on the Orange County Bench.

The Honorable Lisa T. Munyon is the Chief

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

10 I

The Briefs

As I am sure you’re all aware, the Florida Supreme Court certified our circuit for three additional Orange County court judges this past December. And I’m also sure you’re aware of the need that prompted this certification, but please allow me a moment for a quick recap. Our circuit serves one of the fastestgrowing jurisdictions in the United States. Over the past 10 years, the population has increased by nearly 28% — that’s close to 125�000 people. And that number doesn’t factor in tourists. The Orlando area is one of the leading tourist destinations in the world, attracting almost 75 million visitors in 2022. That’s a lot of people, and there’s no sign of this influx to our area slowing down. None of you need wonder what serving this population looks like in the courts. It looks exactly like what you experience every day. Strained resources struggling to keep pace with ever increasing demands for service. And if you narrow your focus to Orange County — in particular Orange County civil — you’ll see a division where demand for service significantly outpaces resources. As of my writing at the end of 2023, the current pending caseload in the Orange County civil division is 63�858. Divided amongst the nine judges currently serving that division you get a staggering 7�095 cases per judge. Each of these nine judges get over 650 new cases each month. Those are unsustainable numbers for our judges and our community. We often talk about caseloads as inanimate things when in reality every case represents — at minimum — two people. So, those 63�858 pending cases in Orange County civil represent, at minimum, a staggering 127�716 people. That’s an

I FEBRUARY 2024

intolerable number that directly translates into justice delayed for thousands in our community. And, again, that’s just the minimum. The actual number is, quite frankly, unfathomable, and we aren’t the only ones who think so — hence the Florida Supreme Court’s certification for the three additional Orange County judgeships. However, receiving certification for additional seats on the bench doesn’t directly translate into additional seats on the bench. Getting certified is only the first step. Now it’s up to our state legislature to allocate funding for these seats. And it’s up to us to advocate for that funding. Luckily for us — attorneys are skilled advocates. From the first day of law school to your current caseload, you have honed that skill into a fine art. Out of all the folks in our community — you’re uniquely qualified to argue from every point of view why funding for these seats should be added to the state budget. You know firsthand how strained judicial resources affect your firms and your own caseloads. You see it on the bench — the packed dockets and inevitable delays. And, you see its impact on your clients — the strain and stress it creates in their daily lives. It’s from this point of view that I ask you to add your voice to the call to fund these additional seats on the Orange County bench. Text or call your state representatives. Post to social media and tag them. Let them know that adding three judges drops the per-judge caseload in Orange County civil to 5�321. And, while that number still feels immense, it’s 1�774 less cases per judge. That’s a difference of 31�932 people — at minimum. That number directly translates into access to justice. And, again — it’s just


ADRsource is pleased to announce that OCBA member

Deborah L. Moskowitz

has joined its distinguished panel Available now for mediations and arbitrations

the minimum. The actual number of people who’ll experience a timely resolution of cases is monumental. Reach out to your representatives and remind them that supporting this funding directly translates to supporting every single person in their district with a pending case in Orange County civil. This is not the first time I have asked you and the OCBA for assistance. And I know it won’t be the last. However, I have high hopes that I won’t be making this particular ask again in the near future. We have accomplished great things together, and I imagine this will be no different. So, thank you in advance for your help securing funding in the State budget for these judgeships. I have no doubt that next year we will be welcoming three of you to the Orange County bench.

Deborah, a Legal Aid Society Trustee, is a Florida Supreme Court Certified Circuit Civil Mediator and Qualified Arbitrator. She served as managing partner of Quintairos, Prieto, Wood & Boyer’s Orlando office from 2003 through 2023 and now applies her trial lawyer insights, experience and problem solving skills to help parties reduce risk and find resolution.

Deborah L. Moskowitz

To learn more about Deborah and schedule a mediation or arbitration please visit:

adrsource.com 888.741.2224 Solving the world’s problems…one case at a time

150017 Penfold, Divorce - Contested; Penfold Details & Correspondence

Calendar & Tasks

Financial Summary

Time & Fees

Operating Accounting

Trust Funds

Safe Custody

Forms & Templates: 150017 Penfold, Divorce - Contested; Penfold

Save Time and Money with Automated Legal Publishing

Save & Close

New Document

New New Templates Import Folder Share BrowseForms & External Email Templates Comment Document

Matter

New Correspondence

Search folders

NY

Bankruptcy

150017

CriminalTRIAL DATE

matter types, and content specific to your jurisdictions and areas of law with the LEAP legal practice productivity solution.

Send Matter

Callback Request

Microsoft Teams

TYPE

Notice ITEM for Discovery and Inspection

Letter to Mrs. Sally Penfold

Wife

Child Welfare

Notice of Motion (General) Matrimonial Retainer Agreement

Employer

Divorce - Contested

Notice of Motion for Pendente Lite Relief

J

J

Letter to Thomas Jones Attorney PC

American Broadcasting Company, Inc.

J

Notice of Motion to Appoint Guardian Ad Litem Defendant’s attorney

Retainers

Plaintiff’s Current Employer Demands & Discovery Divorce - Contested

Inf

FORM NO.

Plaintiff Notice of Appearance and Demand for Complaint

Matter type

Ser Pr

InfoTrack

Search correspondence

Adoption

Employer details

Searching & Services

All

Notice of Appearance

Family Law

Family role

Timesheet Time & Fees

Correspondence Notice of Settlement

Notice of No Necessity Matrimonial Retainer Agreement

A

Notice to Take Deposition Upon Oral Examination

Notices & Motions

Letter to Mrs. Sally Penfold

A

Defendant

Select

Mr. Paul Penfold

Retainer Agreement

Family role

Access a library of automated legal forms,

Send Document

Mobile

CORRESPONDENCE

James Stevenson, Samantha Breslin Employment and Labor Mrs. Sally Penfold

Message

Search templates NAME

DETAILS

Plaintiff

eSignature

LawConnect

SIGNABLE

Husband

A

REQUESTED

Defendant’s attorney

Thomas Jones Attorney PC

Book a demo today. leap.us/book-demo

orangecountybar.org

I The Briefs

Cancel

I 11


12 I

The Briefs

I FEBRUARY 2024


LIVING IN A BARBIE WORLD S

tereotypes are powerful and dangerous ideas. They reaffirm long standing ideas and principles that, even if true, can continue unnecessary negativity and pessimism. Cinema, advertising, and marketing are some notorious proponents of stereotypes. Admittedly, they have made strides in the

DISMANTLING STEREOTYPES

past 10 years. As a Public Relations major in college, I recall learning about advertising and marketing campaigns that played on the very stereotypes that reinforced ideas of what a woman’s role was in the home and in the family. Many of them did not hint at the notion that a woman may have a professional occupation or interest.

Growing up, the movie Legally Blonde1 was released and highlighted many stereotypes of a young girl who decided to go to law school and succeeded. Still, when I made my decision to attend law school, I received comments like, “Do you think you’re going to be Legally Blonde?” Ideas and stereotypes of being an attorney

were present, even before I attended law school. During one of my first oral arguments as a licensed attorney I was asked, “Are you a law clerk? Who is the attorney that will be handling the argument?” This continued during one of my first depositions, when I was asked, “Are you the court reporter?” All of these comments occurred despite

orangecountybar.org

I The Briefs

I 13


LIVING IN A BARBIE WORLD

Therese A. Savona, Esq. of Cole, Scott &

Kissane, P.A. handles appeals in Florida’s appellate courts and the Eleventh Circuit Court of Appeals, and provides litigation support to trial attorneys. She is the current Chair of the OCBA Professionalism Committee.

1 Legally Blonde, MetroGoldwyn-Mayer, 20th Century Studios, 2021. 2 Barbie, Warner Bros., 2023. 3 Teresa Nowakowski, ‘Barbie’ Makes History, Becoming First BillionDollar Movie Directed Solely by a Woman, Smithsonian Magazine, Aug. 9, 2023, available at smithsonianmag.com/smartnews/barbie-first-billiondollar-movie-directed-by-awoman-180982672/. 4 Jayne R. Reardon, Civility as the Core of Professionalism, American Bar Association, Business Law Section, Sept. 18, 2014, available at americanbar.org/groups/ business_law/resources/ business-law-today/2014september/civility-as-thecore-of-professionalism/. 5 Id.

14 I

The Briefs

attending law school that was almost 50% male, 50% female. And, from speaking with numerous colleagues, many have been recipients of similar comments aimed at either their age or gender throughout the course of their respective legal careers. Fast forward to 2023. The pink-hued cinematic Barbie2 brings to life the famous doll who operated under the impression that Barbie’s very existence solved issues of inequality and empowerment. Barbie Land was a place run by a Barbie president, with a supreme court comprised of Barbies, and where Barbies won the Nobel Peace Prize. Stepping behind the lens of the movie and turning to the production side, Barbie was the first movie with a sole female director, Greta Gerwig, that went on to become a billion-dollar blockbuster worldwide.3 How do we break stereotypes? Not subscribing to an outdated ideology is one way, treating all with kindness and respect is another. When judges are appointed to the bench, each member of the judiciary is provided with a plaque with a phrase that reminds all those appearing before the court that professionalism and civility are requirements of the other. Civility, however, permeates further than simply the practice of

I FEBRUARY 2024

law. The French and Latin etymologies of the word “civility” generally propose the meaning to be “relating to citizens.”4 “In its earliest use, the term referred to exhibiting good behavior for the good of a community. The early Greeks thought that civility was both a private virtue and a public necessity, which functioned to hold the state together.”5 Focusing the lens more locally, one can have a sense of community, civility, and even belonging by being active in the legal profession. By developing the legal community outside of the courtroom or the office, we can gain a better understand-

ing of our colleagues as people and not just attorneys. Aside from working with an opposing counsel, colleagues, and clients, the Orange County Bar Association boasts numerous committees to allow for involvement in all different areas other than specific areas of legal practice – Lawyers Literary Society, Civil Rights, Parents in the Law, Diversity & Inclusion, and Community Service. In truth, the extracurriculars available to lawyers, whether through the OCBA or local Inns of Court, provide for the sense of community understood by those in the days of antiquity. Or, by Barbie.


FOUNDATION OUTREACH WAYS TO CONNECT Learn: orangecountybar.org/ page/OCBA-Foundation Donate: orangecountybar.org/ donations/donate.asp?id=23148 Follow Orange County Bar Association Foundation ocba_foundation OFFICERS President Michael V. Andriano, Vice President Kafi Kennedy Swanson Treasurer Keshara Cowens Secretary Rachel Mattie Immediate Past President Onchantho Am BOARD OF DIRECTORS Honorable Jeanette Bigney Honorable Andrew L. Cameron Euribiades Cerrud, II Trinetta Fisher Honorable Steve Jewett Honorable Leticia Marques Alisia Adamson Profit Eloisa Pino Andrew Reath Brett Renton Rebecca Smith-Hameroff Kenway Wong

16 I

The Briefs

CELEBRATING EXCELLENCE & COMMUNITY ENGAGEMENT Honoring the Boone High School Mock Trial Team and Foundation's Outreach Initiatives. In October, the Foundation was thrilled to honor the Boone High School Mock Trial Team at the OCBA luncheon. Boone successfully defended their 2022 Ninth Circuit Championship in February 2023 and represented the Ninth Circuit in the Florida State High School Mock Trial Championship in March 2023. The competition had 17 schools representing different circuits from all over the state vying for the chance to represent Florida in the

I FEBRUARY 2024

National Mock Trial competition. At the State Finals, Boone acquitted themselves very well but did not move on to Nationals. Many of the students from last year’s team will be competing again in 2024. Additionally, the Foundation partnered with Legal Aid and Community Legal Services at the Come Out with Pride Orlando event to support the LGBTQ+ community and spoke with many attendees regarding free legal

services in Orange County. Last but certainly not least, the Foundation’s new website is up and running which now includes a donation link. There are options for a one-time donation and to set up a reoccurring donation. The Foundation cannot continue to do the great work that we do without your support, and we encourage you to donate. Your donation ultimately supports the citizens that we serve here in Orange County.


orangecountybar.org

I The Briefs

I 17


DIVERSITY, EQUITY & INCLUSION COMMITTEE

EMPOWERING DIVERSITY Annie L. Blanc, Esq.

represents victims of sexual harassment, discrimination, and wrongful termination at the Leach Firm. She also serves as chair of the DEI Committee and has been an OCBA member since 2023.

Reginald Guillaume, Esq. represents automotive manufacturers in all phases of litigation involving Magnuson-Moss Warranty Act and Florida Lemon Law including arbitration before the Florida New Motor Vehicle Arbitration Board and in lawsuits throughout the state. He also serves as chair of the DEI Committee and has been an OCBA member since 2021.

18 I

The Briefs

United States Supreme Court rendered a ruling stating that affirmative action policies in universities violate the Constitution’s Equal Protection Clause and Title A Call to Action for Voluntary Bars in VI of the Civil Rights Act of the Aftermath of the Supreme Court’s 1964. Title VI specifically Affirmative Action Ruling. stipulates that no person in the United States shall, n light of the Supreme Court’s recent affirmative on the grounds of race, action ruling, the need for diversity and inclucolor, or national origin, be sion programs in the legal field is further underexcluded from participascored. This landmark decision emphasizes the importion in, be denied the bentance of proactive measures within legal institutions to efits of, or be subjected to confront systemic inequalities. Recognizing that legal discrimination under any institutions and corporate entities may be unwilling or slow to implement necessary changes, there is an urgent program or activity receiving federal financial assisneed for voluntary bar organizations to step in and fill tance. This landmark rulthe gap. These organizations can play a crucial role in driving initiatives that not only ensure compliance with ing marked a substantial legal standards but also actively promote a more repre- departure from 45 years of legal precedent, funsentative, diverse, and equitable legal profession. damentally reshaping the landscape and eliminating a framework designed to ensure equal opportunities dent applicants. Harvard STUDENTS FOR FAIR for minority students in College, in response, ADMISSIONS, INC. V. comparison to their peers. refuted these claims, PRESIDENT & FELLOWS OF asserting that it did not HARVARD COLLEGE engage in discrimination In 2014, Students for THE ROLE OF VOLUNTARY against any specific racial BAR ASSOCIATIONS (VBAS) Fair Admissions (“SFFA”), a non-profit memberor ethnic group. Harvard VBAs play a crucial role ship organization opposmaintained that its objec- in the success of attoring affirmative action tive was to foster a diverse neys worldwide. They offer policies in undergradstudent body on its camessential benefits such as uate admissions, initipus. SFFA also filed suit networking opportunities, ated legal action against against the University ongoing education, aveHarvard College. The of North Carolina, allegnues for leadership devellawsuit contended that ing the same complaints, opment, and platforms for marketing, contributing Harvard College intention- garnering national attention as the matter made its significantly to the profesally discriminated against Asian American appliway to the United States sional growth and achievecants, asserting that they Supreme Court. ment of legal practitioners. were held to a more strinAfter several years and VBAs also serve as a secure gent standard compared multiple legal proceedforum where attorneys can to other minority stuings, on June 29, 2023, the openly discuss and nav-

I

I FEBRUARY 2024


igate the challenges that come their way, offering a supportive environment for addressing obstacles in the legal profession. It is for this reason that voluntary bars should often take proactive measures to anticipate and address issues that could hinder the success of their members, particularly matters tied to legal precedents. While the current impact of the Supreme Court’s affirmative action ruling extends to colleges and universities through Title VI, numerous legal experts contend that SFFA’s argument may arguably be

extended to Title VII of the Civil Rights Act of 1964. Title VII, as amended, safeguards employees and job applicants against discrimination in employment based on race, color, religion, sex, and national origin. The Equal Employment Opportunity Commission asserts that Title VII protection encompasses a broad range of employment decisions, including recruitment, selection, termination, and other determinations related to the terms and conditions of employment. In light of this, it is essential to acknowledge

that the ruling may have potential implications for minority attorneys. VBAs should therefore proactively take measures to assist diverse members in navigating the uncertainties that may arise.

to contribute ideas to advance diversity initiatives; 2. Actively implementing more DEI programs throughout the year ensures that crucial conversations are not overlooked amidst a calendar filled with events; HOW WE CAN BE PROACTIVE 3. Collaborating with During this period, VBAs other VBAs representing can significantly support diverse backgrounds furtheir minority members by ther strengthens these efimplementing a range of forts through meaningful initiatives and strategies, partnerships; including: 4. Championing policies 1. Creating a Diversity, that encourage the implementation of DEI programs Equity & Inclusion (DEI) in the workplace is essenCommittee to ensure that every member feels includ- tial; and, 5. Addressing the matter ed and has the opportunity before it escalates into a problem rather than ignoring it until it reaches a critical stage for its members. In conclusion, VBAs should consistently strive to bridge gaps for their members, even if it means simply starting a conversation and extending support. The spirit of voluntary bar membership lies in cultivating meaningful connections and actively contributing to the success of our fellow members. Hence, it is imperative for us to take proactive measures to ensure that our members are not only listened to but also comprehensively understood and assisted before another ruling is made related to affirmative action.

orangecountybar.org

I The Briefs

I 19


WORKER’S COMP COMMITTEE

MAKING WORKERS’ COMP WORK FOR NEW LAWYERS1 Neil A. Ambekar, Esq.

is a board certified workers’ compensation attorney and a partner at Conroy Simberg in Orlando. He is the chair of the OCBA WC Committee. He also serves as vice-chair of the Bar’s WC Rules Advisory Committee, secretary of the Wieland Inn of Court, and on the Bar’s Workers’ Compensation Section Executive Council.

1 A version of this article originally appeared in the News & 440 Report, the publication of the Florida Bar Workers’ Compensation Section. 2 “New Florida Bar President Gary S. Lesser Installation Speech, June 2022, Orlando,” The Florida Bar YouTube Channel (June 24, 2022), youtube.com/ watch?v=tPT6ciVcEaU. 3 David W. Langham,The Donut Hole, Feb. 19, 2023), available at flojcc. blogspot.com/2023/02/ the-donut-hole.html. You can read more about Judge Langham’s thoughts on the donut hole elsewhere in this very issue. 4 The 2003 Act was originally Fla. Senate Bill 50-A, effective October 1, 2023, and was codified at ch. 2003-412, Laws of Fla, upon passage.

20 I

The Briefs

could be similar to or even exceed a traditional hourly fee.6 But our cases can and typically do involve litigation on much smaller issues. Suppose an employer denies a week of temporary wage loss benefits valued at $500.7 To prove entitlement n June 2022, Gary Lesser took the oath of office as to those benefits, the attorpresident of The Florida Bar. Among the priorities he ney might have to take mulannounced in his inaugural speech was helping new tiple depositions, retain an lawyers and specifically a plan to build “the best mentorexpert, and appear for a me2 ship program in the country” for lawyers. The speech was diation and final hearing on indicative of a broad consensus that the Bar is not doing all the merits. Certainly, this it can to develop new talent. would require less work than The workers’ compensation bar has perhaps even more a trial on multiple issues, to gain than the practice as a whole from developing new but even this limited litigalawyers. In February 2023, Office of Judges of Compensation might require 50 hours tion Claims (“OJCC”) Deputy Chief Judge David Langham of work—all for a $100 fee. It wrote of “the donut hole,” a perceived gap in the indusis not difficult to understand try between the old guard and the younger cohorts of lawwhy a law firm might have yers.3 He discussed a perception that the workers’ compen- trouble keeping the lights on sation bar had ceased to develop new talent in the wake of for $2 per hour.8 The small legislative changes in 2003 and that the talent gap persistcases with small fees could ed to this day. be ameliorated to some extent by fees paid from settlements, although they were subject to the same strict A discussion of those leg- new statute, fees were calcu- percentage caps.9 But many lated on a sliding scale, beislative changes may be cases never settle, and the ginning with 20% on the first lawyer has no way of knowhelpful to those unfamiliar with the field. From its in$5�000 in benefits secured ing if uncompensated trial ception in 1941, the Floriand going down from there work will be offset by fees da Workers’ Compensation (commonly referred to as from a future settlement. 5 Law has included provi“guideline fees”). Needless to say, this ushsions granting prevailing For new defense lawyers, ered in a time of great unparty fees to injured workthe impact of the new caps certainty. Some claimants’ ers (“claimants”). The 2003 may not be immediately ob- attorneys broadened their Workers’ Compensation Act vious. In cases where compractice to include personal pensability or significant made wholesale changes injury, medical malpractice, to Chapter 440 of the Floribenefits were at issue, the employment, or other matda Statutes.4 One of the most guideline fee was often not ters.10 Others left workers’ significant was the effective a concern. If the litigated compensation completeelimination of hourly attorly, and some likely stopped claims included months or ney’s fees for lawyers repre- years of lost wages, or major practicing law altogethsenting claimants. Under the medical expenses, trial fees er. The Florida Bar Work-

I

I FEBRUARY 2024


ers’ Compensation Section lost a quarter of its membership between 2008 and 2011.11 While the impact on the workers’ compensation defense bar was indirect— the Legislature did not cap defense fees—defense lawyers ultimately felt the effect of the 2003 changes just the same. Fewer claimants’ lawyers meant fewer litigated cases, and in turn, an equivalent contraction in the market for defense lawyers. Partners found their existing books of business produced much less revenue. Associates found themselves with no cases to work on. Some were reassigned to other practice areas while others were laid off.12 Firms on both sides of the workers’ compensation bar almost completely stopped hiring new lawyers. The issue eventually came before the Florida Supreme Court in Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008). Emma Murray suffered a pelvic prolapse while working, but her claim was denied. The Judge of Compensation Claims (“JCC”) ultimately awarded benefits and awarded the claimant’s attorney a fee for securing benefits. The JCC found that her board-certified attorney had performed 80 hours of work to secure benefits, and the guideline fee was $648�84 (or $8�11 per hour). The JCC further found that a “reasonable” fee would

be $16�000, but that he was constrained by the statute to award a strict guideline fee. The First District Court of Appeal upheld the JCC’s ruling on appeal, and the claimant sought review in the Florida Supreme Court. The Supreme Court avoided addressing constitutional issues in its ruling. Instead, it noted that the Legislature retained language in the statute requiring that fees be “reasonable.” Thus, it could not have intended to eliminate hourly fees in all cases, as guideline fees would not be reasonable in some cases. The Court therefore concluded the statute must be read to permit hourly fees in cases where the statutory fee was not reasonable. The Legislature presumably disagreed within this construction, as it amended the law again in 2009 and eliminated the “reasonableness” language entirely.13 The result was a return to a strict cap on fees based on the value of benefits secured. The 2009 statute came before the Florida Supreme Court in Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016). This time, the Court held that elimination of the reasonableness requirement violated the right of access to courts guaranteed in the Florida Constitution (Art. 1, Sec. 21) and was therefore unconstitutional. Thus, the law reverted to the 2003 statute, subject

to the construction placed on it in Murray. And that is where we stand today: claimants’ lawyers are presumptively paid a fee based on a percentage of benefits secured, but can seek an hourly fee if the percentage fee is unreasonable. None of this is intended as a commentary on the merits of the 2003-2009 legislative changes, only to explain its impact on the workers’ compensation bar. Any experienced practitioner in the field can tell you the effects of that legislation are still being felt by the bar in the form of the donut hole. I personally know the hole exists because I helped to fill it. I entered the practice as a paralegal in 2007 and watched case volumes dwindle in my firm. My department originally consisted of a partner, three associates, and support staff but very quickly contracted to just the partner and support staff. My workload, which was primarily administrative at first, suddenly began to include a great deal of substantive work—within a couple of years, I was drafting reports, pretrial stipulations, and even trial memoranda. Anecdotal evidence suggests the same pattern occurred at many other firms, and it was further compounded by the Great Recession beginning in 2008.

Today, that has left us with a gap in the profession, with very few lawyers having entered the field between 2003 and 2016. We have lots of older practitioners, quite a few young practitioners, and not a whole lot in between. This generation gap has implications for retention, job satisfaction, and especially for training. One of our judges mentioned to me recently that there are clear deficiencies in young lawyers’ training. Some are tossed to the wolves too early. Others are not allowed to see the wolves at all. I theorized this was primarily due to the donut hole, as any skill left unpracticed can deteriorate over time. And making all appropriate allowances, it is surely harder for a 30year practitioner to relate to a 3-year practitioner than it would be if the gap was, say, 10 years. The donut hole is not the only phenomenon that has affected training and development. The pandemic created its own challenges for new lawyers and those who supervise them. Workers’ compensation litigation involves lots of hearings, with piecemeal litigation creating the potential for multiple trials in a single case. Historically, that meant plenty of opportunities for young lawyers to develop their skills,

orangecountybar.org

I The Briefs

I 21


WORKER’S COMP COMMITTEE covering events that partners couldn’t or wouldn’t attend. We also have mandatory mediations, and while these are generally informal, they were still a valuable opportunity to hone skills. They could even be a source of employment or at least employment advice. Post-pandemic, those opportunities dried up to some extent. We still had lots of hearings—the OJCC transitioned to the Zoom platform with impressive speed—and lots of mediations. But the need for young lawyers to cover hearings and mediations became less significant. Older lawyers no longer had to drive across the state for live events; they could appear from their offices. Perhaps even more significant, however, was the loss of face-to-face contact. A young lawyer might learn just as much from a five-minute chat in an OJCC waiting room as in a twohour mediation. But Zoom waiting rooms do not allow participants to communicate with one another. In short, it has not been easy to be a young lawyer in the field, but it is not all doom and gloom. The OJCC, the Workers’ Compensation Section, the OCBA WC Committee and other stakeholders recognize the problem and are working to fix it. At around the same time as he was writing about the donut hole, Judge Langham

22 I

The Briefs

convened several working groups to discuss promoting professionalism in the field. One widely agreed-upon line of thinking was “get to ‘em young.” Judge Margaret Kerr and mediator Ana Gonzalez-Fajardo of the Miami OJCC district office suggested an intensive workshop for young lawyers that covers the basics of workers’ compensation litigation from soup to nuts. The program took shape with impressive speed, much of it developed by young lawyers themselves, and the OJCC hosted the inaugural Workers’ Compensation Academy at the Orlando district office on May 19, 2023. All 40 places were quickly spoken for. The Academy grouped attendees into classes of 10, with each attending four presentations during the day. The attendees also attended a combined opening session on professionalism and a combined closing session for questions and answers. Demand for places was so great that a second session was held at the Tampa OJCC district office on October 16, 2023. I got to experience the Academy from both sides: I served as a panelist in Orlando and Tampa, and “sneaked in” to other sessions to learn from the other panels. I can say with some confidence that the attendees will benefit immensely from the program. For many,

I FEBRUARY 2024

it was the first time they had the opportunity to ask questions of our judges or experienced lawyers outside their firm. For others, it was the first structured training program of any kind they had participated in. The syllabus was carefully constructed by new lawyers to cover the topics their peers need to know, and the panelists were selected to represent a broad range of experience levels. Oh, and the whole thing was free of charge. The Academy steering committee is planning to hold future iterations of the event annually in October, and I am sure it will continue to be a successful endeavor. The Academy is primarily a product of the OJCC, but the Florida Bar’s Workers’ Compensation Section has also been looking for ways to cater to new lawyers. Early in 2023, I was approached by Section Chair Phil Augustine about spearheading a workers’ compensation “young lawyers’ section.”14 I was honored to have been singled out to work on such an exciting idea, so I immediately jumped on board, right? Actually, I immediately thought about the seven years I spent with the scarlet “YLS” on my Florida Bar profile. I didn’t like being identified as a young lawyer then, and I didn’t want to be associated with another “young lawyers” group now. But then I

met with other “young lawyers” to find out what they wanted, and the enthusiasm and constructive feedback changed my mind and inspired me to take the project fully in hand. Overwhelmingly, the participants in these meetings wanted three things. First was a “ground up” approach to CLE. There are lots of workers’ compensation CLE programs, including two major conventions every year, but these can be abstract to a lawyer who “doesn’t know what (s)he doesn’t know.” Second was social or networking events geared specifically toward younger lawyers. Many young lawyers find normal networking opportunities difficult to navigate, but want to meet each other and make connections with their peers. The third benefit discussed was mentoring programs geared specifical-


5 Prior versions of the statute included a similar sliding scale but allowed JCCs to depart from the sliding scale when warranted by “the circumstances of the particular case …” § 440.34(1), Fla. Stat. (1994). 6 In both 2003 and 2009, the statute limited claimants’ prevailing party fees to the percentage of benefits secured by the lawyer. In “medical” only cases, the lawyer could receive a “one time” hourly fee of up to �1,500.

ly to workers’ compensation. With the approval of Chair Augustine and incoming Chair Paolo Longo, the Section’s Emerging Leaders Committee (“WCELC”) officially came into being on May 19, 2023.15 Its interim chair and vice chair are Michelle Chase of Palm Beach Gardens and Erin Thorne of Orlando. All members of the Workers’ Compensation Section with fewer than 10 years in practice are eligible to join, and the WCELC will be announcing its first programming before the end of the year. The Section is also developing its own mentoring program. Rather than a one-to-one mentor/mentee pairing, the goal is to have a “panel” of mentors to whom new lawyers can turn regarding specific issues. This will relieve all participants from arbitrary pairings and will allow new lawyers

to receive a broader range of counseling. Mentees and mentors who want to form a more permanent mentoring relationship will, of course, be free to do so. Anyone interested in participating on either side should contact Paolo Longo directly at paolo@bichlerlaw.com. (He doesn’t bite.) The Section has also been actively promoting opportunities for judges and practitioners to see each other face-to-face again, after years of digital avatars. On December 5, 2022, the OCBA Workers’ Compensation Committee hosted the first Roundtable Discussion Between the Bar and Bench at the OCBA Center. Practitioners, including young lawyers, had the opportunity to interact with the Orlando Judges of Compensation Claims, the Hons. Neal Pitts, Margaret Sojourner, Wilbur Anderson, Jill Jacobs

and Lourdes Sancerni.16 It was a give-and-take event with the judges and practitioners able to air concerns and ask questions in an intimate setting. Also participating was the Honorable Brian Newman, who had recently taken office as Chief Judge of the Division of Administrative Hearings, and who discussed practitioners’ concerns about office closures, personnel reassignments, and other changes in the OJCC. This roundtable event served as a model for similar events which have taken place statewide over the past 10 months. It is important not to overlook the educational opportunities that were already available. Every two years, the Section and the OJCC combine to present the Trial Advocacy Workshop in Miami. The workshop is a two-day program with lectures, question-and-answer

orangecountybar.org

7 The average cost of a “medical only” claim in 1999-2000 was �472. Sen. Comm. On Banking and Insurance, Review of the 2003 Workers’ Compensation Act, Interim Project Report 2004-110 (December 2003). These are, by definition, the lowestvalue claims as they do not involve lost wages. They also make up a relatively small percentages of the cases that reach litigation, though they are the majority of all workers’ compensation claims. Data on the overall costs of claims that reach litigation are surprisingly difficult to find. 8 The statute did include a �1,500 “alternative attorney’s fee” for medicalonly litigation payable “only once per accident …” This works out to �30 per hour when divided by 50 hours. 9 The percentage cap on claimant-paid fees (such as those paid from a settlement) was deemed unconstitutional in Miles v. City of Edgewater Police Dep’t/Preferred Governmental Claims Sols., 190 So. 3d 171 (Fla. 1st DCA 2016). However, the Miles decision was not clear on whether the cap was unenforceable in all cases, and claimants’ attorneys and JCCs have wrestled with this issue ever since.

I The Briefs

I 23


WORKER’S COMP COMMITTEE sessions, and mock lay and expert depositions. The program culminates in students trying a mock final hearing before a sitting JCC. I had the pleasure of attending in 2017, and the faculty included many of the most highly regarded lawyers in our field and numerous JCCs. However, what was really amazing was the “student body.” My “opponent” for the mock trial session was Erik Grindal, who had been practicing for 20 years and who was appointed as a JCC in the Sarasota district three years later. There were other “student”

lawyers attending who had 30 or even 40 years of experience in workers’ compensation litigation. Clearly, this was not just another CLE program. However, there were also many students there with far less experience, and I think every one of us learned more about workers’ compensation trials in two days than we could have hoped. I strongly encourage any lawyer who can—young or old—to attend the workshop when it is next offered. The workshop is typically limited to 24 “student” participants, and spots fill up quickly.

10 Kim MacQueen, Court Overturns Workers’ Comp Lawyer Fee Caps, Fla. Bar News (Nov. 15, 2008), available at floridabar. org/the-florida-bar-news/courtoverturns-workers-complawyer-fee-caps/. 11 Workers’ Comp Lawyers Still Coping With 2003 Rewrite, Fla. Bar News (Nov. 15, 2011), available at floridabar.org/theflorida-bar-news/workers-complawyers-still-coping-with-2003rewrite/. 12 There is no published data on the number of defense lawyers who left the practice during this time period, although the Section numbers above include both sides. 13 Fla. House Bill 903, effective July 1, 2009, ch. 2009-94, Laws of Florida.

15 The name is intended to emphasize that the committee is not only for young lawyers, but also for new lawyers, and to avoid confusion with other YLS-type programs.

14 I do not think I possess any special qualifications for this role other than being the youngest member of the Section’s leadership.

16 Judge Sojourner retired in 2023 after a distinguished career in the Lakeland and Orlando OJCC district offices.

Hire the creative team behind

POWERED

Em Agency is ready to bring the same creativity, style, expertise, and commitment to building your brand and marketing your business.

We build brands we believe in. Maybe even a brand you believe in. hello@emagency.com

logos • campaigns • websites • social media • video/photography

24 I

The Briefs

I FEBRUARY 2024


orangecountybar.org

I The Briefs

I 25


LEGAL AID SOCIETY: WHAT WE DO

BRAYDEN PHILLIPS 12-year-old inspires generosity at Legal Aid Society’s Breakfast Of Champions

Donna Haynes

Development Director, OCBA Member since 2008 If you, or someone you know, would like to volunteer with the 2024 BOC fundraiser, please contact Donna Haynes, Legal Aid Development Director, at 407-515-1850 or boc@legalaidocba.org.

26 I

The Briefs

Brayden Phillips, a 12-year-old Legal Aid volunteer, touched hearts and secured financial support as co-host alongside WESH 2’s Stewart Moore at the Legal Aid Society of the Orange County Bar Association’s 2023 Breakfast of Champions. Brayden shared that his Nana, JoAnn Tucker-Hall, has worked for the Legal Aid Society for 38 years and that 16 years ago, before he was born, some “really smart and kind people started our signature fundraiser.” Those included Glenn Adams, Jack Lord, Nick Shannin, Bill Umansky, Jamie Billotte Moses, Heather Pinder-Rodriguez, and Bill Davis. Brayden reminded attendees that the “plan is to only ask for a donation once a year because no one likes being asked for money over and over, even if the ask comes from a VERY handsome, interesting, and notafraid-to-take-fashionrisks young man.” Brayden further reminded everyone he was talking about himself, sharing that kids are helped with all kinds of problems because of our community’s financial

I FEBRUARY 2024

support. “Some get new parents, others get safe homes, and others have an attorney to talk for them in court. Because of the sponsors, poor neighbors have better lives.” In his innocent manner, Brayden asked all to donate. “I donate, and you should, too. I need you to donate today because they need your money now. Do you know how easy it is to donate? Even I can do it on a cell phone, or with a computer. You can visit the Legal Aid website and donate right now. If you don’t know how, ask a kid. We order from Amazon, Uber Eats, and bunches of places when you are not looking.” Realizing he was on TV and just admitted to using his mom’s apps for purchases, Brayden asked his audience and Nana to keep his mobile ordering penchant from his mom, further stating you can change a life through a click on our website, www. legalaidocba.org. Brayden reminded us that donors can drop off a check or cash at Legal Aid. He also asked for audience assistance defining “check or cash,” as those were un-

familiar objects to him. With an unmatched zeal, Brayden reminded attendees, “It doesn’t matter how much you give – it just matters that you do give.” The program was then returned to Stewart Moore, the Emmy Award-winning WESH 2 newscaster. This year’s Breakfast of Champions brought in approximately $182�000�00. Using this fundraiser model, the Legal Aid Society has surpassed $2�7 million dollars in combined donations since its inception. Clients and staff shared stories of how Legal Aid benefited the community, making Orange County, Florida, a better neighborhood. Looking for inspiration to donate or comic relief from Brayden? We invite you to view our 30-minute Breakfast of Champions event now. Visit: https:// youtu.befJ_jD9UzsAQ?feature=shared You are also invited to join us for our 2024 BOC on Thursday, November 14, 2024.


BOC SPONSOR LISTINGS TOP SPONSOR �25,000

• Jedediah “Jed” Main - The Main Law Firm

CHAMPION �15,000

• Paul Knopf Bigger Trial Lawyers

PLATINUM �10,000

• City of Orlando Police Department

GOLD �5,000

• AdventHealth • Carlton Fields, P.A. • Florida Lawyers Mutual Insurance Company • Legally Pink Law, PLLC. • Lowndes • Orange County Sheriff’s Office, Sheriff John Mina • Sharma Eminent Domain Lawyer • Total Health Guidance, Dr. John Stiteler, PsyD • The Joe & Sarah Galloway Foundation • SILVER �2,750 • Beusse Sanks, PLLC. • Cole, Scott & Kissane, P.A. • Dinsmore & Shohl, LLP. • Fisher Rushmer, P.A. • Foley & Lardner, LLP • Holland & Knight Charitable Foundation, Inc. • Hon. Sally Dee Millward Kest & Hon. John M. Kest • King, Blackwell, Zehnder & Wermuth, P.A. • The Orlando Law Group, P.L. • Paul & Perkins, P.A. • Total Health Guidance, Dr. John Stiteler, PsyD • Universal • Winderweedle, Haines, Ward & Woodman, P.A., WHWW • Zimmerman, Kiser & Sutcliffe, P.A., ZKS Law

TITANIUM SPONSOR �1,000 • • • • • • •

• • • • • • • • • • • • • • • • • •

BRONZE SPONSORS �750 • • • • • • • • • •

Glenn & Stacey Young Adams Any Lab Test Now, Tom Sheldon Bethanie Barber Camila Pachon Silva, Esq., Capella Immigration Law, PLLC. Climate First Bank Amber Davis Valerie Davis, The Walt Disney World Legal Department Dean, Ringers, Morton & Lawton, P.A. Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. Corey Duersch, Walt Disney World Legal Department Estes, Ingram, Foels & Gibbs, P.A. Florida Mediation & Arbitration, LLC., Alan S. Apte GrayRobinson, P.A. Jacobson, Chmelir & Ferwerda Attorneys At Law Judith Luengas and Universal John MacGowan, Walt Disney World Legal Department Jamie Billotte Moses Deborah Moskowitz Mutual of America Orange County Clerk of Court, Clerk Tiffany Moore Russell Rafael and Sarah Rodriguez & The Hartford Financilal Services Group, Inc. Shannin Law Firm, P.A. Jennifer & Robert Swift Tangel-Rodriguez & Associates, Inc. The Henry Family Foundation, Douglas Henry The Umansky Law Firm JoAnn Tucker-Hall Hon. Charles & Linda Wells Tad A. Yates

Brown & Brown, Inc. Downtown Business Network Group FAMU Foundation Florida Department of Business & Professional Regulation Gerry Glynn & Angela Halliday HR Law, P.A. Kest Family Law, P.A. Law Office of William A. Davis, Jr., P.A. The LaRue Law Firm, PLLC. Yergey & Yergey, P.A.

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.

MEDIATION | ARBITRATION | E-DISCOVERY | SPECIAL MASTERS CALL TOLL FREE: 800-863-1462 READ MORE & SCHEDULE: WWW.UWW-ADR.COM linkedin.com/company/upchurch-watson-white-&-max

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.

MARK LANG & ASSOCIATES MLANG@LANGLAW.NET LANGLAW.NET | OFFICES: MAITLAND | TEL: 407.599.4433 AV RATED | LIMITED CONSULTATIONS & REFERRALS ACCEPTED

orangecountybar.org

I The Briefs

I 27


Even Very Good Lawyers Get Sued. That’s why the best lawyers carry the best insurance.

ARE YOU READY TO BE A STATISTIC?

Get protection you can count on with lawyers’ professional liability insurance from Florida Lawyers Mutual. AN INSURANCE EXPERIENCE CREATED FOR FLORIDA LAWYERS Created by The Florida Bar Owned by our member lawyers Solo & small firms welcome Declared consecutive annual dividends to qualifying members in 2022 and 2023* Admitted carrier with over 30 years experience in the market Direct communication with our Florida-based Underwriters and Claims Specialists Simple & easy to apply online AM Best A Rating for our Excellent Financial Strength High retention rate — our members love what we provide, and we love them!

YOUR MEMBER BENEFITS Exclusive FREE CLE library with over 33 hours of videos, including coveted credit types Cyber liability endorsement included on every policy at no cost to you Lawyer to Lawyer Hotline — call for confidential risk management guidance Premium credit for claims-free history and low-risk practice areas Premium discount for Florida Bar Board Certification Law practice tips, tools, and risk alerts Cyber Security Risk Management Resource Center Lawyer Well-Being Resource Center — tools to help you find health, happiness, and work-life alignment

OUR POLICY FEATURES Supplemental Claims Expense Coverage Disciplinary Proceeding Coverage — pays defense costs for disciplinary matters involving the state bar Aggregate Deductible — you only pay one deductible, even if multiple claims arise during the same policy term Claim repair assistance to help you prevent a situation from becoming a claim No deductible for claims arising from pro bono work Trial attendance compensation Free two-year tail for retirement, death, and disability

Relationship. Strength. Value. We’ve built our reputation on vigorously defending yours.® New: Get a quick premium indication with no obligation at www.flmic.com 407-537-5603 mailbox@flmic.com

*Dividends are paid at the sole discretion of the Company’s Board of Directors. A past dividend does not guarantee the payment or amount of future dividends. All features and benefits subject to policy terms and conditions.

28 I

The Briefs

I FEBRUARY 2024


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

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

Keynote Sponsor:


SIDEBAR

1

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

VOLUNTARY BAR

Judicial Reception Central Florida Association for Female Lawyers (CFAWL)

NOVEMBER 30, 2023 / the Central Florida Association for Women Lawyers (CFAWL) hosted their annual Judicial Reception at the Dr. Phillips House. Thank you so much to all of the members of the Judiciary who attended this special event and helped make it incredibly special. CFAWL kicked off December with a special Holiday Luncheon. The event featured the caroling from the Rock Lake Elementary Chorus as well as small business vendors, networking and delicious food.

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.

2 WHO’S WHO 1 Central Florida Association for Women Lawyers (CFAWL) annual Judicial Reception at the Dr. Phillips House 2 CFAWL Holiday Luncheon 3 Paul C. Perkins Bar Association Holiday Party at Primrose Lanes 4 Greater Orlando Asian American Bar Association Friendsgiving Potluck at Ward Park

30 I

The Briefs

I FEBRUARY 2024


4 Friendsgiving Potluck

The Greater Orlando Asian American Bar Association (GOAABA)

3 Holiday Party

The Paul C. Perkins Bar Association

DECEMBER 11, 2023 / the PCPBA hosted their Holiday Party at Primrose Lanes. To tie in the spirit of giving, PCPBA hosted a Toy Drive to benefit Ivey Lane Elementary. In lieu of charging admission to this fun Holiday Party, all attendees had to do was bring a new unwrapped toy.

IN NOVEMBER / the National Association of Asian American Professionals (NAAAP Orlando), The Greater Orlando Asian American Bar Association (GOAABA), and the Asian American Pacific Islanders Coming Together (ACT) hosted a Friendsgiving Potluck at Ward Park. OTHER VOLUNTARY BAR EVENTS IN NOVEMBER, The Paul C. Perkins Bar Association (PCPBA) put the KIND in Kindergarten and volunteered at Ivey Lane Elementary where they discussed the importance of kindness and antibullying.

NOV 2, 2023 / PCPBA hosted a “Brothers & Bourbon” event where attendees were able to conduct enriching discussions and foster bonds of brotherhood.

NOV 15, 2023 / PCPBA hosted Ese Ighedosa. Attendees heard about the Future of Media from Ms. Ighedosa.

DEC 1, 2023 / The Hispanic Bar Association of Central Florida (HBACF) along with VERITEXT hosted a free CLE on New Depo Technology. Then on December 7, 2023, the HBACF hosted a Holiday Domino Tournament and Scholarship Night which was a ton of fun.

IN DECEMBER / CFAWL helped provide gifts to children in need at Rock Lake Elementary. Thank you to all of the “angels” who helped either create bags for the children, donated, shopped online and/or helped package the bags and deliver them to the children.

DEC 20, 2023 / GOAABA hosted their annual Holiday Party at Hawkers. The night featured delicious food, drinks and camaraderie. GOAABA wishes to thank all of the sponsors and attendees who helped make this event special.

JAN 18, 2024 / CFAWL Board member Nicolette Kramer hosted a CFAWL “Lane for 8” at Primrose Lanes. The night featured bowling, drinks, appetizers and conversation.

orangecountybar.org

I The Briefs

I 31


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.

10-19 MEMBERS

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

YOUNG LAWYERS SECTION

YLS Luncheon

JANUARY 19 / YLS held the first Luncheon of 2024! Thank you to every-

one who came out to support as always, it was a fantastic event. As always, Remember to sign up for the YLS weekly e-mail blast to stay up to date on all of YLS’s exciting events!

Just go to www.orangecountybar.org/about/young-lawyers-section/ and click “Sign Up for YLS Emails.”

OTHER YLS EVENTS DECEMBER 22 / YLS brought holiday cheer to Washington Shores Elementary when it held a holiday party for the students and delivered all of the gifts that you donated at the YLS Party. The Students were so excited when they saw the gifts.

ON JANUARY 20 / We broke out the trash pickup tongs to help clean up La Costa Park for the health and wellness event. Beautifying the City Beautiful is always an enriching experience, and we got to break a sweat in the name of health and wellness.

Coming up FEBRUARY 16, 2024 / YLS Luncheon at the Citrus Club FEBRUARY 22, 2024 / Evening with the Judiciary at the Winter Park Library APRIL 13, 2024 / Wills for Heroes

32 I

The Briefs

I FEBRUARY 2024

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.

FOLLOW US!

@OCBAYLS #TogetherWeGoFar

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 Draves Law Firm 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


34 I

The Briefs

I FEBRUARY 2024


880 North Orange Ave. Orlando, FL 32801

PRSRT STD U.S. POSTAGE PAID ORLANDO, FL PERMIT NO. 2530


Turn static files into dynamic content formats.

Create a flipbook
The Orange County Bar Association - The Briefs - February 2024 by Orange Co Bar Association Orlando - Issuu