The Orange County Bar Association - The Briefs - March 2024

THE ABCs OF AI

Brikena I. Tomasic on the basics of generative AI for lawyers

NEW ALTERNATIVES

Melissa Bryan & Sasha W. Sankey explore alternative business structures in law

A PUBLICATION OF

THE POWER OF PRO BONO Highlighting the work and impact of pro bono attorney Vanessa Clark

MARCH 2024 VOL. 92 NO. 3

HONORING OUR AWARDEES The OCBA 2024 Professionalism Awards Recipients

2024 REPORT

Attorney competence and the client experience Download your free copy now

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Contents 12 I

HONORING OUR AWARDEES Meet the OCBA 2024 Professionalism Awards Recipients

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE Can’t we all just get along!?

Amber Davis, Esq.

08 I CLERK’S CORNER

Extending Saturday Hours for Customers’ Convenience

The Honorable Tiffany Moore Russell, Esq.

10 I CHIEF’S COLUMN You be the Judge

The Honorable Steve Jewett OCBA OUT & ABOUT

16 I TEACHING TIPS

The Brandon Act Help Valerie Crawford

18 I PROFESSIONAL DEVELOPMENT

The ABCs of AI for Lawyers Brikena Isai Tomasic, Esq.

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FROM THE COMMITTEES

22 I PROFESSIONALISM COMMITTEE When “C” Meets “Z” Therese A. Savona, Esq.

24 I IMMIGRATION LAW COMMITTEE

SIDEBAR: NEWS / EVENTS / UPDATES

30 I VOLUNTARY BAR Alena V. Baker, Esq.

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

Exploring Alternative Business Structures in the Legal Field

Melissa Bryan, Esq. & Sasha Watson Sankey, Esq. LEGAL AID SOCIETY

28 I WHAT WE DO

The Power of Pro Bono Work

Vanessa Clark, Esq. & Laura Sanchez, Esq.

ADVERTISING DEADLINES

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

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

the Briefs MARCH 2024 VOL.92 NO.3

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

LAW WEEK LUNCHEON

Thursday, April 18 at the Citrus Club

255 S Orange Ave STE 1800, Orlando, FL 32801 Experience the excitement of Law Week at our highly anticipated Law Week Luncheon, where we showcase a range of engaging activities that highlight the legal profession’s impact on our community. From the prestigious Liberty Awards to the thrilling High School Mock Trial Competition, captivating Big Bad Wolf Trial Presentations, and inspiring Poster & Speech Contest, Law Week offers a multitude of opportunities for legal enthusiasts of all ages.

RSVP by Monday, April 15, 2024 Ashley Velez ashleyv@ocbanet.org | orangecountybar.org/page/store RSVPs and cancellations will not be accepted after April 15, 2024.

TITLE SPONSOR

Advertising & Sponsorship Manager Ursla Gallagher Marketing and Communications Manager Reatha Cruz-Johnson Design Em Agency, emagency.com _________________

MORE EVENTS

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PRESIDENT’S MESSAGE

CAN’T WE ALL JUST GET ALONG!?

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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When I stood at the podium last May, I discussed three primary goals for my term as OCBA President, namely, work life balance, health and wellness, and professionalism. This month we celebrate our professionalism award recipients, so I want to first congratulate each of them on a job well done, and second, do my best to relay to each of you why professionalism is important more now than ever before.

I was awarded the Lawrence G. Mathews, Jr., professionalism award back in 2018, about one month before my daughter Cameron was born. I remember being very humbled and excited to win the award but also concerned my water may break on the stage during my speech! One of the things I mentioned in my speech, and later in my article in the Briefs, is that it is okay to disagree, but you don’t need to be disagreeable.

I have been practicing for 18 years, and while each year I tend to encounter at least one attorney on the other side of the case that gets under my skin, makes derogatory comments, raises his or her voice, or outright does something that warrants a grievance being filed, things have gotten progressively worse since the pandemic. In 2020 and into 2021, attorneys seemed nicer, more collaborative, and had that thing called “empathy” I spoke about in a prior article. This is likely because we were all scared, not sure whether we were going to live or die or whether our family was going to be okay, and so for once, we were focused on attempting to work together to resolve cases instead insulting of each other, serving a complaint on Christmas, or purposefully propounding discovery so that the responses are due the day

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before Thanksgiving. After doing this for 18 years, I am honestly disgusted by some of the conduct I have seen, and I’m hearing more and more colleagues question whether litigation is even worth doing.

I honestly wish, however, that we could go back to how it was during the pandemic, sans the coronavirus obviously, and just stop trying to pad the bill, making the other side “pay,” and doing everything you can to ruin opposing counsel’s day. It doesn’t need to be like this. I have lost count of the number of cases where I offered a settlement on day 10 of the case that the other side refused to accept, essentially calling me crazy, and then 6 months later and tens of thousands of dollars later, the case is settling for almost that exact offer. Why did we have to spend the last 6 months fighting and spending our client’s money? Why can’t we just be reasonable and stop trying to prove something?

During this month, which focuses on professionalism, we should sit back and reflect on how we handle ourselves during litigation and question whether it is really in our client’s best interest or is it just to prove something or to meet a certain billable hour requirement? I urge all of our members to have a little empathy, and not only put yourself in your client’s shoes, but put yourself in the opposing side’s shoes. Maybe if we do this, and we set our pride aside for a little while, we can come to a creative resolution for our clients in a much more efficient manner and truly serve our client’s best interests.

Instead of sharing a book this month, I have two of my favorite professionalism quotes that I would like to share. The first is from David Maister: “Professionalism is not

a label you give yourself – it’s a description you hope others will apply to you.” This quote underscores the importance of perception and reputation in the legal field.

As attorneys, our professionalism is judged by other attorneys, judges, clients, and our peers. It is important that we build a reputation for reliability, competence, and ethics so that others describe you as professional, ethical, and fair.

The second quote is from John Wooden, and he states, “Your reputation is what others think of you; your character is what you truly are.” This quote highlights the difference between reputation and character. We all care dearly about our reputation, and we certainly should, but if we have character, we won’t need to worry about our reputation because our character will shine through. In the words, if you have strong character and a strong reputa-

tion, that professionalism label will follow.

Character reflects our fundamental values, principles, and behavior.

As attorneys we need to demonstrate our character, integrity, and professionalism in all interactions whether we are speaking to a judge or a janitor. The tone and demeanor of the conversation should not change. I ask that each of you think twice before you send that email or make that derogatory comment. We are here to do what is in the best interests of our clients and I highly doubt that means you must attack opposing counsel. Zealous advocacy should never include acting unprofessional or unethical. Thank you.

“Your reputation is what others think of you; your character is what you truly are.”

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CLERK’S CORNER

EXTENDING SATURDAY HOURS FOR CUSTOMERS’ CONVENIENCE The Honorable Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

This month I am pleased to share I’ve decided to extend Saturday hours at two branch locations to help customers access the services they need with my office.

We began these extra days in June of 2023 at the Winter Park and Ocoee branches of the Clerk’s Office as a pilot project to determine if the public would find the hours helpful. Due to the positive response, I decided to continue the extra Saturdays throughout 2024.

These weekend days in Winter Park and Ocoee allow customers to access services such as marriage licenses and ceremonies, passports, and payments. These services are the same options offered during the week at these locations. Appointments are also available on these days for passports and marriage services. In fact, even a wedding ceremony can be performed.

The following are the Saturday dates the branch offices are open the rest of this year from 8�00 a.m. – 12�00 p.m.: March 9 | April 13 | May 18 | June 8 | July 13 | August 10 | September 14 | October 12 | November 9 | December 14 Our Saturday hours were popular with customers who took advantage of the extra days. We all know how busy work, school, and activities can be for families, so this is another option to make doing business with us easier.

I hope that you will be able to take advantage of some of these convenient Saturday hours and pass along this information where you can.

As always, I continue to look forward to future opportunities where my office can make it easier for customers to access our services and do business with us.

Until next time,

Tiffany Moore Russell Orange County Clerk of Courts

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BRINGING COMPLEX CASES INTO FOCUS SINCE 1988

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CHIEF’S COLUMN

YOU BE THE JUDGE The Honorable Steve Jewett

was elected to the Orange County bench in 2006 and has been an OCBA member since 2012.

Orange County Court Judge, Ninth Judicial Circuit Court TO VOLUNTEER, CONTACT

JILL DAVIS Jill.Davis@orlandohealth.com BRANDON SAPP brandonmsapp@gmail.com JUDGE STEVE JEWETT ctjusj2@ocnjcc.org

This program is vitally important, not only for the student participant’s future, but also for the future of the State of Florida.

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ing, policy making, and accountability in oversight and program administration. In 2023, the OCBA, as part of law week, stepped up to assist in the local logistical operation of the championship competition annually held in the Orange County Courthouse.

The teams competing in the state competiFlorida High School Mock Trials tion are chosen by judicial circuit. One team Do you remember the name Susan Boyle? She from each judicial circuit advances to the state competition. Each circuit is responsible for orwas a 47-year-old Scottish woman who apganizing and holding their own circuit compepeared on “Britain’s Got Talent” TV show in tition. Until recently, a maximum of 20 teams 2008, the precursor to “America’s Got Talcould advance to the state finals, one per judient.” When she walked onto the stage, she cial circuit. However, starting in 2024, the adwas greeted with giggles from the audience visory council changed the policy to allow a and eye rolls from the notoriously acerbic circuit with more than 20 schools participatSimon Cowell. With her frizzy, gray-tinged ing to send two teams. At this point, only Dade hair curling wildly and an ill-fitting dress, County has surpassed that benchmark with 30 Boyle looked the antithesis of the American Idols Cowell normally anointed. However, that teams in their Circuit. Therefore, they will be sending two teams to Orlando this year. all changed when she began to sing. LaunchIn 2024, the Ninth Circuit will have five teams ing into “I Dreamed a Dream” from the musicompeting in the circuit competition. They are cal “Les Misérables,” her soaring voice drew startled looks and then delighted smiles from Boone High School, Timber Creek High School, Trinity Prep, Orangewood Christian School, Cowell and the other judges. The audience leapt to its feet to applaud. The moment went and the Southlake Home School. The competition will be held February 8 at the Orange viral on YouTube and Boyle became a worldCounty Courthouse where Boone will be dewide sensation. fending their Ninth Circuit championship.

Why am I dredging up reality TV history?

Each team is made up of six students – three Only to say I have experienced the same starwho act as attorneys and three who will portled looks and delighted smiles time and time tray the required witnesses. The attorneys must again on the faces of first-time high school mock trial judges. The judges come into the ex- each do one direct examination and one cross examination. One of the attorneys gives an perience with low expectations. Their looks say, “They are high school kids - how good can opening statement and another the closing argument. Since the direct is of their own stuthey be?” Those judges’ opinions and their fadent witness, it tends to go smoothly. The cross cial expressions change very quickly as they realize the students are talented trial attorneys. is where the real fun starts. The attorney crosses the other team’s student/witness, and the inSuddenly, they’re smiling and shaking their teraction can become contentious. heads in bemusement.

The attorneys are individually scored on The Florida High School Mock Trial Proeach direct and cross. The opening and closing gram was launched in 1991 by Professor Anare also scored separately. The witnesses are nette Boyd Pitts and former Florida Bar Execscored on their performance during both direct utive Director, Marshall Cassedy. Today, the program is administered by the Justice Teach- and cross. All scores are based on a 0-100 scale.

At the end of the round, the scoring judges cast ing Center at Florida Southern College. I am proud to serve on the three-member statewide a ballot for the team they feel performed the advisory committee responsible for rule draft- best. Those “ballots” are added up to determine

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the winner. The numerical score is only used as a tiebreaker. In addition, the scoring judges vote for most effective attorney and witness.

Volunteer attorneys and law students annually develop the case materials. For the last several years, the case has been written by attorney and former mock trial coach, Steve Renick and some of his former students/mock trial team members. The authors develop a case that is topical and engaging for the students. The case annually alternates between civil and criminal matters. Last year was a second-degree murder case stemming from an allegation that a spurned boyfriend/girlfriend tampered with the brakes of their ex’s vehicle resulting in a death. This year the case is a civil case challenging a student’s expulsion stemming from an allegation of plagiarism by use of AI in the writing of a term paper.

There are four preliminary rounds. After those rounds, the top two teams move on to the championship round. Those teams go head to head on Saturday afternoon in the ceremonial courtroom on the 23rd floor. The winning team advances to represent Florida in the National High School Mock Trial Championship.

Hundreds of attorneys and judges volunteer to participates in the circuit and state competitions annually. I want to give a big shout out to my Ninth Circuit brethren for volunteering countless hours as presiding judges over the last 15 years.

This program is vitally important, not only for the student participant’s future, but also for the future of the State of Florida. Students learn critical thinking skills, legal reasoning, analysis, persuasive speaking, and professionalism. They also gain insight into the structure and function of the courts and the legal process. And you can play a part in that important education by volunteering to be a scoring judge.

This year’s state competition was held March 7-9. Next year’s competition will also be held in March. Won’t you help the kids and volunteer for a round? I promise you will have a great time. Have your own Susan Boyle moment-volunteer for a round or two or even three!

New Members ATTORNEY

Daniela C. Alvarado Richard Anthony Arena Deborah L.Barra Stephen E. Chambers Melissa Dean Fenya M. DelFyette Kate D. Dukes Shameeza S. Embrey Jonathan E. Freidin Chelsey Estes Lisa Figueroa Philip Freidin Lena Fucile Karin Gerardin Julio E. Gil de Lamadrid Kim Nguyen Gray Stephen Harber Hillary Hazeltine Rose Hernandez Marcus Hyatt Pedro A. Jedlicka Ryan M. Kocse Brittany Kurland Taylor Lee Brent Alexander Lightfoot Jesse Harold Larsen Vanessa Marquez Jacob Scott Mayer Xanquila Mckinnon Stephen Mistoler Amy V. Mitchell Kevin A. Moore Christopher M. O’Connor Leslie King O’Neal Carlos A. Otero Stefano D. Portigliatti Maud Poudat Walter Roberts Jessica Safford

Lauren Schieffelin Jacob M. Schuster Jacob S. Slotin Hannah Waddell Herin Warner Sonya Wesner Bryan E. Wilson Remeshe Wynter Gloria Ubiles Stephanie V. Graves Ronald Zmuda AFFILIATE

Annelle De Jesus Abikarram Natalia Diaz Katherine V. Grasshopper Luc Robert Louis-Jacques Sophia G. Marcano LAW STUDENT

Ameer H. Abdelbary James Basile Taisha Decossard Maria Delgado Cerna Elizabeth N. Duprey Philip Fusco Jeremiah I. Garnett Jasmine Harmon Olga Larus Jonathan D. Loew Emily Mizner Jared Moskowitz Nicholas J. Oropeza Kristin V. Rahim Brenden J. Rendo Ariane Williams PARALEGAL STUDENT

Natalia A. Velez

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THE 2024 OCBA PROFESSIONALISM AWARDS

T

RECIPIENTS

he Orange County Bar Association strives to increase the civility and professionalism of its members by offering seminars, publishing articles in The Briefs, and reaching out to local law schools, elementary,

middle, and high schools, and the community at large with activities that promote the profession and our system of justice. Through our annual Professionalism Awards, we recognize three members of the legal community whose practice, services, professionalism, ethical conduct, demeanor, and high moral standards best embody the qualities we all seek to emulate. The OCBA is proud to announce the following individuals as this year’s awards recipients.

JAMIE BILLOTTE MOSES ESQ.

William Trickel, Jr., Professionalism Award Jamie Moses, a graduate of Notre Dame Law School, has been a stalwart presence in the legal community since 1994. Her extensive service on numerous committees and boards reflects her unwavering commitment to community engagement and

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professional excellence.

Recognized for her dedication, Ms. Moses has received prestigious awards such as the Ninth Circuit Pro Bono Award, The Florida Bar’s Excellence in the Promotion of Board Certification, and The Florida Bar YLD Most

Productive Board Member Recipient. As a Partner at Holland & Knight, she excels in litigation and appellate work, while also serving on the firm’s Health and Wellness committee, underscoring her ongoing commitment to organizational well-being.

Known for her exemplary professionalism, Jamie Moses is admired for her courteous demeanor and willingness to mentor fellow attorneys. Her prompt responsiveness to calls and emails, coupled with her willingness to offer guidance, sets her apart in the legal community. With a track record of leadership and dedication, she consistently exceeds expectations in her roles, fostering a collaborative and productive environment. Her involvement with the Special Olympics triathlon team showcas-

es her commitment to excellence beyond the legal realm, embodying professionalism in all aspects of her life.

Jamie Moses’s remarkable career is a testament to her humility, leadership, and unwavering commitment to excellence. Her extensive involvement in legal organizations, coupled with her numerous accolades, underscores her dedication to advancing the legal profession. Her professionalism extends beyond the courtroom, evident in her dedication to community service and her role as a mentor and leader. With a spirit of positivity and a ESQ. commitment to excellence, Lawrence G. Mathews, Jr., Young Lawyer Jamie Moses exemplifies Professionalism Award the highest standards of professionalism and is a deserving candidate for sion. Brandon’s extensive Brandon Sapp’s track rethe William Trickel, Jr., service to the communicord of leadership, ethProfessionalism Award.. ty and profession, couical practice, and compled with his unwavering mitment to service makes display of ethics and high him a standout nominee moral standards, align perfor recognition. Serving fectly with the award’s emas the President of the phasis on honoring exemYoung Lawyers Section plary professionalism. of the Orange County Bar Having served alongAssociation and the Paul C. side Brandon on the OCBA Perkins Bar Association,, Young Lawyers Section Brandon has demonstratboard, I’ve witnessed firsted his ability to inspire hand his exceptional leadand guide his peers while ership and dedication to earning their high regard. our legal community. His His accolades, including Super Lawyers Rising Star passion for giving back is and Best Lawyers Ones to evident in his commitment Watch, underscore his exto service and mentorship, cellence in the legal profes- where he fosters connec-

BRANDON SAPP

Jamie Moses’s extensive service on numerous committees and boards reflects her unwavering commitment to community engagement and professional excellence.

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OCBA 2024 PROFESSIONALISM AWARDS RECIPIENTS tions and makes individuals feel valued within the organization. Brandon’s ability to create a sense of community and champion others underscores his role as a model of professionalism and service, encouraging others to strive for excellence in their professional endeavors.

Brandon Sapp’s impact extends beyond his age group, touching the lives of countless legal professionals through his ex-

emplary leadership and service. His considerate nature, willingness to help, and dedication to improving the legal community exemplify the qualities of a true professional.

Brandon’s commitment to mentorship and his unwavering support for others in achieving their professional goals further solidify his status as a model of professionalism and service in the legal profession.

Brandon’s extensive service to the community and profession, coupled with his unwavering display of ethics and high moral standards, align perfectly with the award’s emphasis on honoring exemplary professionalism.

HEATHER PINDER RODRIGUEZ The Honorable

James G. Glazebrook Memorial Bar Service Award Judge Heather Pinder Rodriguez is a shining example of legal excellence and unwavering dedication. With a background in construction law, she has tirelessly advocated for pro bono service, setting

new standards for excellence as Holland & Knight’s Pro Bono Coordinator and earning accolades such as the Florida Bar Young Lawyers’ Section Pro Bono Award. Her commitment extends beyond the court-

THE 2024 OCBA PROFESSIONALISM AWARDS PRESENTATION

Thursday, April 11, 3-5 p.m. | Jury Assembly Room, Orange County Courthouse Keynote Speaker: Scott Westheimer, Esq. The Florida Bar President

Attendance during the remarks provides CLE credit. RSVP by Monday, April 8. bit.ly/ProAwards24

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room, as she mentors the next generation of legal professionals through her involvement with the [insert rival college’s name here] of Law Alumni Board of Directors and her leadership in promoting gender equality within the legal community.

In the family law division, Judge Rodriguez’s impact is profound, despite her background in a different area of law. As President of the Central Florida Family Law Inns of Court, she has championed professionalism and ethical conduct, earning the re-

spect of her peers and colleagues. Her innovative pilot programs in Osceola County have sought to improve the judicial process, leading to her appointment as Associate Administrative Circuit Judge for Domestic Relations in 2020.

Beyond her legal achievements, Judge Rodriguez’s philanthropic spirit knows no bounds. Whether serving her church community or embarking on mission trips to Kenya, she remains steadfast in her commitment to uplifting others and making a positive impact on society. In every facet of

Whether serving her church community or embarking on mission trips to Kenya, she remains steadfast in her commitment to uplifting others and making a positive impact on society. her life and career, Judge Heather Pinder Rodriguez exemplifies the principles of professionalism, integ-

rity, and service, making her a deserving recipient of the James Glazebrook Professionalism Award.

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TEACHING TIPS: PARALEGAL SECTION

THE BRANDON ACT HELP

L

Valerie Crawford

is a paralegal who focuses on probate administration, probate litigation, and estate planning. Understanding the importance of planning for incapacity and death, Valerie has discovered an area of law she truly enjoys.

The Brandon Act is designed to protect service members who experience mental health and reduce the stigma around reporting mental health concerns.

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vice members from seeking treatment. Because of this, suicide in the military has been increasing among our service members. Research by the Psychological Health Center of Excellence found that up to 70% of service members with mental health symptoms do not seek treatment, and 35% have reported that they worry seeking help would negatively impact their careers.2 On June 25, 2020, the Brandon Act was introduced kicked out with the loss of rank and a dishonorable dis- to Congress. The Bill was passed by the House on July charge. Service members 21, 2020, passed by the Senwere told they were not allowed to go into town to get ate on November 16, 2020, presented to the President mental health help either, on December 11, 2020, vehence the reason no one got help. Most of the time, if toed by the President on Deleadership found out some- cember 23, 2020, and then one sought mental health passed over veto on Decemtreatment, they would be ber 28, 2020. Finally, The kicked out. If they were not Brandon Act became Public kicked out, then they would Law on January 1, 2021.3 What is the Brandon Act? be retaliated against. The The Brandon Act is dethreat of being kicked out signed to protect service for seeking mental health members who experience treatment deterred sermental health and reduce the stigma around reporting mental health concerns.

This Bill allows service members to seek mental health treatment and requires a mental health evaluation as soon as a service member self-reports.

It also allows service members to seek help

iving a life in the military can be very different from others. Living this lifestyle can be exciting and fulfilling but brings complex and challenging moments. Service members relocate frequently, and deployments can result in long periods away from family and loved ones, including communications cut-offs.

Stressful experiences from combat leave long-lasting negative effects. There are also those who encounter sexual assault, hazing, and toxic leadership in the chain of command. Going through these experiences often leads to aggressive, dismissive, or condescending attitudes, and can even lead to suicide.

The stigma of mental health in the military is linked to a desire to handle problems on one’s own and to avoid negative judgment, hazing, and retaliation from leadership or peers. Service members who report mental health concerns are most likely to perceive stigma and anticipate adverse outcomes for seeking help, including career harm1. Leadership had service members convinced they were not allowed to get help, and that if they did, they would be

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confidentially and, if necessary, outside of the chain of command and kept confidential. This Bill was designed to promote service members to seek mental health treatment without the fear of retaliation. It also enables proper investigations, including criminal investigations, allows service members to leave abusive chains of command, and holds personnel accountable for their actions when appropriate. Its mission is to save the lives of our military service members, military families, and children. The Bill also mandates that the Department of Defense provide annual training on recognizing when members need mental health evaluation. The Navy was the first to implement the Bill, and now all military branches have implemented the Brandon Act. Brandon Caserta was a 21-year-old Navy Petty Officer Third Class. He died by suicide on June 25, 2018.

He worked all day long on June 25, 2018. On the last flight ops of the day, Brandon grabbed his cranial, ran up to the plane Captain, yelled over the noise of the helicopter, “I am sorry for what you are about to see,” and ran to the rotating rear tail rotor, threw off his cranial, jumped, missed, and then jump again and made contact. He did this in front of the watchful eyes of his command and the flight

line. He was not even involved in the flight ops and was not supposed to be on the deck. No one stopped or ran after him when they saw him. After this happened, everyone on that flight line ran away. No one gave him medical attention.

His parents and friends later discovered notes describing hazing and bullying from some members and leaders of his helicopter squadron. After asking for help for his mental health, he was bullied and hazed and retaliated against. Not one person in his command helped him.

He told many people in his chain of command that he was depressed, and all they told him to do was suck it up and go back to work.

Brandon’s parents, Teri and Patrick Caserta fought for justice, getting the Bill passed into law and the legacy of their son.4 I am a Navy mom. My son is stationed in Norfolk, Virginia. I never really understood the life of military families until my only son left home for the Navy. It is full of emotions with many highs and lows. It takes work. You hear about military life, but until it is lived, it cannot fully be understood. As a military mom, it comes with sleepless nights of worry from day-to-day events. There can be many months without any communication while your ser-

vice member is on deployment. Because of the Brandon Act, I have learned a lot. The conversations with my son are more open and honest. Mental health is discussed often. I am apart of different groups for Navy families, and the Navy community is strong. I have personally spoken to or met multiple families that have

lost their Sailor due to suicide. It is very eye opening.

It is not okay to bully, harass, and retaliate against others. It is also okay to get help. If you know someone in the armed forces and they are unaware of the Brandon Act, please share this with them. Bring awareness to our military because they deserve it.

1. Dorothy A. Kaplan, PhD., Reducing Military Mental Health Stigma to Improve Treatment Engagement Guidance for Clinicians, Military Health System, available at https://health.mil/MilitaryHealth-Topics/Centers-of-Excellence/ Psychological-Health-Center-ofExcellence/Clinicians-Corner-Blog/ Reducing-Military-Mental-Health-Stigmato-Improve-Treatment-EngagementGuidance-for Clinicians# (last visited Jan. 31, 2024).

2. Military Health System, Mental Health Utilization and Promotions, available at https://health.mil/Reference-Center/ Publications/2021/08/12/Mental-HealthUtilization-and-Promotions (last visited Jan. 31, 2024).

3. Actions - H.R.7368 - 116th Congress (2019-2020): Brandon Act, H.R.7368, 116th Cong. (2020), https://www. congress.gov/bill/116th-congress/housebill/7368/actions.

4. Teri Caserta, TheBrandonAct.Com, https://thebrandonact.org/.

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PROFESSIONAL DEVELOPMENT

THE ABCs OF AI FOR LAWYERS

G Brikena Isai Tomasic, Esq. has been practicing

law for 17 years with a focus in the areas of business, construction, local government and real estate. Ms. Tomasic has been a member of OCBA for many years, previously serving in the Professionalism Committee.

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ticated one.8 Then, a Colorado attorney was suspended for “using artificial intelligence to generate fake case citations in a legal brief and then lying about it”.9 The attorney had turned to an AI platform to pull case law in support of a motion but did not verify them before submission.10 When challenged about the existence of the cases, he lied blaming the matter on an inThe seduction of AI tech- puter coders sued alleging tern.11 Repentant afterwards, breach of software licensnological “magic” was palthe attorney noted that “it pable and clear. The poten- ing terms.4 In another suit, ‘never dawned’ on him that tial pitfalls took a while to several visual artists filed a AI technology could be enter the societal awareness. class-action case alleging deceptive.”12 5 As images created through copyright violations. In a Clearly, AI technology has AI started to circulate, conhigh profile case, The New the potential to be the catcerns mounted that imagYork Times sued alleging alyst for a seismic shift in es may potentially harbor copyright violations while both, the society and our 1 gender and racial bias. Fur- writers and others have sued profession. AI is already rether apprehension came alleging use of content with- verberating through the into focus about the possiout compensation.6 legal world. The legal probility that malicious actors For a while, lawyers were fession must adopt quickly. may use the technology to above the fray, until two Such effort should be broad create videos showing peo- cases involving sanctioning and multifaceted and at the ple doing or saying things of lawyers around use of AI foundation of it is educathey did not do or say.2 To made national news in 2023. tion, i.e. schooling ones’ self add to the anxieties, in 2023, First, two New York lawyers on the ABCs of the challenge Geoffrey Hinton, the comreceived sanctions “after to be conquered. What are puter scientist dubbed “the a judge found they filed a the ABCs of AI for lawyers? godfather of AI”, started giv- brief with six fake, AI-genering interviews expressing ated case citations and later Amazing Ability: AI techhis misgivings about the nology spawned from a misled the court.”7 One of 3 technology. Then, the judi- the attorneys noted he had scientific effort to imitate cial system started to get in- been under the impression the structure and function volved. Cases around the that using an AI platform of the human brain. The use of AI were filed by plain- was the same as using “any human brain is a sophistitiffs from various industries. other legal research datacated and elegant machine For example, several combase”, albeit a more sophiswhere “neurons are arenerative artificial intelligence (AI) made a sensational entrance into the everyday life of the masses in 2023. A rudimentary version of the technology had been around for years, confined only to certain industries and limited purposes. In 2023, with new AI applications entering the mainstream, AI was suddenly introduced as astonishingly sophisticated and impossibly easy to use by everyone. Just open an account with one of the new AI platforms and issue a prompt. Within a short period of time: “Voila!” You can receive an AI-generated anything from computer code to policy papers.

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ranged in networks big and small. With every action, with every thought, the networks change. This process goes on all the time, and its scale is beyond imagining.”13 Computer scientists like Geoffrey Hinton worked for years on creating and training artificial neural networks. For a long time the results were not encouraging, as the networks “were only moderately successful at the tasks they undertook…”14 Even Hinton, “thought of himself as participating in a project that might come to fruition a century in the future, after he died.”15 Recent technological advancement, however, has been so rapid that this timeline was spectacularly shattered.

Suddenly, scientists were able to build massive interconnected artificial neural networks and use them for machine learning.16 Four factors exponentially “increased the ability to utilize machine learning techniques: (i) the availability of massive datasets allowing for increased training; (ii) increased computing power; (iii) improved machine learning algorithms; and (iv) more available code libraries and frameworks, many open source.”17 Machine learning systems used in AI are different from traditional systems used so far—where humans program information—in that “their knowl-

• Inaccurate results. At edge is learned from data: a times, AI applications Machine Learning algorithm “have been found to proruns on a training dataset vide users with fabricated and produces an AI model. data that appears authenTo a large extent, Machine tic.”21 The sources of AI inLearning systems program themselves.”18 accuracies, called “halluWith machine learning cinations,” are “the nature at its foundation, current of their training data, the AI—instead of just followtools’ design focus on pating “specific rules” or doing tern-based content gena “particular job” as computeration, and the inherent er technology has done so limitations of AI technolofar—creates completely new gy.”22 Hallucinations prescontent.19 For example, one ent “a problem in a highcan prompt AI, “say, ‘Once stakes environment where upon a time, in a galaxy far the margin of error is exaway...’. The AI takes that tremely low,”23 such as in the legal world. Even line and generates a whole Chief Justice Roberts felt space adventure story, comcompelled to warn about plete with characters, plot “hallucinations.”24 twists, and a thrilling conclusion.”20 Similarly, AI prod- • Disclosure of confidenucts can perform legal protial information. “Some fession tasks at a previously AI tools do not guaranunimaginable depth and detee the confidentiality of tail. Such tasks range from user inputs.”25 Informadocument drafting, docution in open AI applicament analysis, and template tions may be stored in the creation to research, citacloud with AI creators retion, and analytics. Moreserving the right to review over, AI technology can perinformation to improve the technology.26 Also, AI form this normally lengthy tools may come with speand laborious work at lightning speed. cific disclaimers that put the burden on the user Be Aware: Below are some to protect confidentialiof the risks identified so far ty by not sharing sensiaround use of AI by attortive information.27 Ethical neys. The list is by no means obligations involving cliall inclusive. It falls upon us, ent and confidential inforas a profession, to continumation, thus, come into a ously educate ourselves on new focus when using AI the pitfalls. Moreover, as the technology. technology is fast-moving, • Unauthorized use of inkeeping up with the changtellectual property. es is all the more crucial.

“While it may seem like

these new AI tools can conjure new material from the ether, that’s not quite the case. Generative AI platforms are trained on data lakes and question snippets — billions of parameters that are constructed by software processing huge archives of images and text.”28 Many legal issues about intellectual property rights in this environment are currently in question.29 • Susceptibility to malware and viruses. While AI can be used for good, bad actors are already watching on how to manipulate it. “Hackers and malicious actors can harness the power of AI to develop more advanced cyberattacks, bypass security measures, and exploit vulnerabilities in systems.”30 Caution Ahead: Currently, there is no comprehensive regulatory platform for AI technology. The European Union has made some strides toward regulation adopting an AI Act.31 In the United States, no laws specifically addressing AI have been passed by Congress but there have been a number of efforts at the administrative level to issue some guidance.32 The burden has mostly fallen to the legal system. A number of orders have been issued by courts at different levels but there is no unified approach

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PROFESSIONAL DEVELOPMENT as “[s]ome seek to educate, while others prohibit the use of AI altogether. Most require disclosure of the use of AI or verification of the information…”33 The state bars are making efforts to codify rules for lawyer guidance with the California and Florida bars at the forefront of that effort.34 In 2023, the President of the Florida Bar created a Special Committee on AI Tools and Resources. As of January 2024, the Florida Bar was pursuing changes to professional ethics rules involving competence, confidentiality of information, responsibilities of supervisory lawyers, and responsibilities regarding non-lawyer assistance in order to account for AI. In addition, the Florida Bar Board of Governor’s Review Committee on Professional Ethics has issued Proposed Advisory Opinion 24-01 Regarding Lawyers’ Use of Generative Artificial Intelligence. Needless to say, it is essential for Florida lawyers to keep informed of these developments.

Throughout history, when humans’ limits are tested, they rise to the occasion through preparation, planning and perseverance.

Armed with the ABCs of AI, it is up to us, as lawyers, to prepare, plan and persevere in the new AI age. In the end, those might be the traits that separate us, as humans, from future AI machines.

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1.

See Rachel Metz, AI made these stunning images. Here’s is why experts are worried, CNN Bus., www.cnn.com/2022/06/30/tech/ openai-google-realistic-images-bias/ index.html (last visited Jan. 3, 2024).

2.

Id.

3.

See Joshua Rothman, Metamorphosis (The godfather of A.I. thinks it’s actually intelligent— and that scares him.), The New Yorker, Nov. 20, 2023

4.

Dylan Walsh, The legal issues presented by generative AI, MIT Sloan Sch. of Mgmt. Ideas Made to Matter, https://mitsloan.mit.edu/ ideas-made-to-matter/legal-issuespresented-generative-ai (last visited Jan. 3, 2024).

5.

Id.

6.

See Jonathan Stempel, NY Times sues OpenAI, Microsoft for infringing copyrighted works, Reuters, www.reuters.com/legal/ transactional/ny-times-sues-openaimicrosoft-infringing-copyrightedwork-2023-12-27/ (last visited Jan. 3, 2024).

7.

8.

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Sara Merken, Wary courts confront AI pitfalls as 2024 promises more disruption, Reuters, www.reuters. com/legal/transactional/warycourts-confront-ai-pitfalls-2024promises-2023-12-27/ (last visited Jan. 3, 2024).

See Tony Petruzzi and Helena Guye, “The perils of dabbling”: AI and the practice of law, Reuters, www. reuters.com/legal/legalindustry/ perils-dabbling-ai-practicelaw-2023-09-11/ (last visited Jan. 3, 2024).

9.

Michael Karlik, Disciplinary judge approves lawyer’s suspension for using ChatGPT to generate fake cases, Colorado Politics, www. coloradopolitics.com/courts/ disciplinary-judge-approves-lawyersuspension-for-using-chatgpt-forfake-cases/article_d14762ce-909911ee-a531-bf7b339f713d.html (last visited Jan. 3, 2024).

10. Id. 11. Id. 12. Id. 13. Rothman, supra, at 28.

14. Id. 15. Id. 16. 1Info. Law Artificial Narrow Intelligence §1:16 (2023) 17. Id. 18. Id. 19. Bernard Marr, The Difference Between Generative AI And Traditional AI: An Easy Explanation For Anyone, Forbes, www.forbes. com/sites/bernardmarr/2023/07/24/ the-difference-betweengenerative-ai-and-traditionalai-an-easy-explanation-foryone/?sh=6c307e7a508a (last visited Jan. 3, 2024).

20. Id. 21. When AI Gets It Wrong: Addressing AI Hallucinations and Bias, MIT Sloan Teaching & Learning Tech Blog, https://mitsloanedtech. mit.edu/ai/basics/addressing-aihallucinations-and-bias/ (last visited Jan. 3, 2024).

22. Id. 23. Niels Martin Brochner, How To Manage The Hallucination Problem Of Legal AI, Forbes, www.forbes.com/sites/

forbestechcouncil/2023/12/14/ how-to-manage-thehallucination-problem-of-legalai/?sh=640e4d7529c9 (last visited Jan. 3, 2024).

24. Krishi Chowdhary, The Supreme Court Calls for Deliberation as AI Reshapes The Legal Sector, TechReport, https://techreport.com/ news/the-supreme-court-calls-fordeliberation-as-ai-reshapes-thelegal-sector/ (last visited Jan. 3, 2024).

25. Brad Hise and Jenny Dao, Ethical considerations in the use of AI, Reuters, www.reuters.com/legal/ legalindustry/ethical-considerationsuse-ai-2023-10-02/ (last visited Jan. 3, 2024).

26. Id. 27. Id. 28. Gil Appel, Juliana Neelbauer, and David A. Schweidel, Generative AI Has an Intellectual Property Problem, Harvard Bus. Rev., https:// hbr.org/2023/04/generative-ai-hasan-intellectual-property-problem (last visited Jan. 3, 2024).

29. Id. 30. Bernard Marr, The 15 Biggest Risks Of Artificial Intelligence, Forbes, www.forbes.com/ sites/bernardmarr/2023/06/02/ the-15-biggest-risks-of-artificialintelligence/?sh=6b73cc032706 last visited Jan. 3, 2024).

31. 1Info. Law Regulatory Developments-EU §1:20 (2023) 32. 1Info. Law Regulatory Developments-US §1:19 (2023) 33. See Merken, supra note 7.

34. Id.

PROFESSIONALISM COMMITTEE

WHEN “C” MEETS “Z” Can Character, Competence, Commitment, and Civility Be Friends with Zealous Representation?

Therese A. Savona, Esq. is Board Certified in Appellate Practice, and appeals in Florida’s appellate courts and the Eleventh Circuit Court of Appeals, and provides litigation support to trial attorneys. Ms. Savona is the current Chair of the OCBA Professionalism Committee.

1.

The Florida Bar Standing Committee on Professionalism.

2. Oxford Reference, Professionalism, www.oxfordreference.com.

3. R. Regulating Fla. Bar Ch. 4, Preamble (“A lawyer’s responsibilities as a representative of clients, an officer of the legal system, and a public citizen are usually harmonious.”).

4. Id. 5. Id. 6. Id. 7. Id. 8. Id. 9. R. Regulating Fla. Bar 4-1.3 (“A lawyer shall act with reasonable diligence and promptness in representing a client.”).

10. R. Regulating Fla. Bar 4-1.3, Comment.

11. Merriam-Webster, Zealous, www. merriam-webster.com/dictionary/ zealous (last visited Jan. 31, 2024).

12. Fla. Bar v. Buckle, 771 So. 2d 1131, 1133 (Fla. 2000).

13. Id. (at 1132) 14. Id. 15. Id. 16. Id. 17. Id. (at 1132) 18. Buckle, 771 So. 2d at 1133.

19. Id. 20. Id. 21. Id. 22. Id. (at 1134) 23. Fla. Bar v. Schwartz, 334 So. 3d 298 (Fla. 2022).

24. Id. 24 (at 300) 25. Id. (at 304; internal citation removed) 26. Jim Ash, Effort to Eliminate “Z” Words from Bar Rules Takes Another Step, Fla. Bar News, Aug. 3, 2023, available at www. floridabar.org/the-florida-barnews/effort-to-eliminate-z-words-frombar-rules-takes-another-step/.

27. See supra note 26.

28. William J. Schifino, Jr., Our Higher Calling, Fla. B.J., Sept./Oct. 2016, at 4.

29. Id.

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P

rofessionalism is not an achievement to be marked off a list, but an aspiration that requires continual encouragement, focus, and effort. It is “the pursuit and practice of the highest ideals and tenets of the legal profession” that “embraces far more than simply complying with the minimal standards of professional conduct. The essential ingredients of professionalism are character, competence, commitment, and civility.”1

pect is first: “A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.”5 Regarding a lawyer’s responsibilities towards clients, it enumerates four different eleThe definition of profes- acts towards colleagues, ments of advisor, advocate, staff, employees, co-coun- negotiator, and evaluasionalism dispels any nosels, opposing counsels, tion of doubt of its signiftor.6 Specifically, as an adclients, and of course, the icance: “The combination vocate, “a lawyer zealously judiciary – do not draw on asserts the client’s position of qualities and conduct regarded as essential distinctions between one’s under the rules of the adpersonal life and one’s to professional practice. versary system.”7 The Pre3 professional life. The em- amble later notes: “Zealous These include knowledge, skills, relevant com- bodiment of these qualadvocacy is not inconpetence, behavioral quali- ities and requirements sistent with justice.”8 The ties, and values of honesty, stretches further than tak- word “zeal” is also including the Oath of Attorney ed in a Comment to Rule integrity, ethical probity, and capability of working and being sworn in as a 4-1�3 addressing a lawwell with patients or climember of the Florida Bar. yer’s diligence,9 which proents, colleagues, and repBeing “professional” may vides: “A lawyer must also resentatives of the pubstem from lessons and ex- act with commitment and lic.”2 This is a tall order as periences unrelated to the dedication to the interests it draws on the fundamen- legal profession that shape of the client and with zeal tal fabric of an individuour viewpoints, even if we in advocacy upon the clial and calls on a lawyer to do not realize it at the time. ent’s behalf.”10 be ever mindful of the reAn attorney’s profesFocusing further, being quired prismatic characsional responsibilities are a “zealous” advocate deteristics of the profession. set forth in Chapter 4 of scribes conduct that is Indeed, the different facets the Rules Regulating the “marked by fervent parof being “professional” – Florida Bar. In the Preamtisanship for a person, a ble to Chapter 4, different cause, or an ideal; filled how one treats those outforward-facing elements with or characterized by side of the legal commuof being a lawyer are adzeal.”11 The definition nity, and then within the legal community, how one dressed.4 The public asdraws no set parameters

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on “fervent partisanship,” leading to referrals for disciplinary actions when a lawyer pushes the boundaries of being a “zealous” advocate for a client.

Over 20 years ago, the Florida Supreme Court decided Florida Bar v. Buckle, a case that resulted in a public reprimand for an attorney who penned a letter to a victim of battery and false imprisonment.12 This letter was sent by Buckle during his legal representation of the criminal defendant after Buckle attempted a few calls to the victim.13 After the second call, Buckle sent a letter to the victim attaching “various religious materials…”14 Upon receiving this letter, the victim filed a Bar complaint against Buckle.15 The victim later testified that the letter was “humiliating and disparaged her character and that it caused her to consider abandoning the criminal complaint…”16 The referee found the letter to not only be “objectively humiliating and intimidating to a reasonable person standing” in the victim’s shoes, but also that the letter “had no substantial purpose other than to embarrass, intimidate, or otherwise burden” the victim.17 The referee further found the letter threatened to exploit the victim “and exploit the most personal and important aspects

and relationships in [her] life, to hold these aspects of her life up to public scrutiny, to expose her.”18 The referee recommended a 30-day suspension of Buckle’s license.19 On appeal, Buckle argued to the Florida Supreme Court that his conduct “did not violate any ethical rules and was, in fact, required by his duty to competently and zealously represent his client.”20 The Florida Supreme Court disagreed, stating “[w]e must never permit a cloak of purported zealous advocacy to conceal unethical behavior.”21 The Court provided further insight regarding its consternation with Buckle’s position: Certainly, the principles underlying the rules include basic fairness, respect for others, human dignity, and upholding the quality of justice. Zealous advocacy cannot be translated to mean win at all costs, and although the line may be difficult to establish, standards of good taste and professionalism must be maintained while we support and defend the role of counsel in proper advocacy. In corresponding with persons involved in legal proceedings, lawyers must be vigilant not to abuse the privilege afforded them as officers of the court. A lawyer’s obligation of zealous representa-

tion should not and cannot be transformed into a vehicle intent upon harassment and intimidation.22 Since Buckle, the Florida Supreme Court revisited attorney conduct under the notion of being a “zealous advocate” for a client in Florida Bar v. Schwartz.23 There, a lawyer created two police lineups to be used as exhibits in a pretrial deposition where Schwartz altered the defendant’s appearance: In one exhibit, he replaced the defendant’s face with that of an individual whom witnesses other than the robbery victim had identified as the perpetrator. In the other exhibit, Schwartz changed the defendant’s hairstyle. However, the altered photocopies used at the deposition retained the victim’s identification of the defendant, including both her circle around what had been the defendant’s picture and her signature at the bottom of the lineup, as well as a police officer’s signature.24 In suspending Schwartz from the practice of law for three years, the Court reiterated that “the requirement to provide zealous representation, as contemplated under our ethical rules . . . does not excuse engaging in misconduct, irrespective of one’s intent to benefit the client.”25

More recently, the use of “z” words – zeal, zealous, and zealously – were questioned by the Rules Committee, followed by a proposal to remove these from the Florida Bar’s rule book.26 Whether “z” words remain or are ultimately removed, being an effective advocate should not be confused with making any argument or taking any position on behalf of a client. “Z terms have a long history. But today, we found that there is more often a negative treatment associated with negative behaviors and labels.”27 Whether a “z” word is used in personal or professional life, the two are inextricably intertwined with the other. An attorney cannot separate who they are as a person no more than they can separate from the shadow they leave on a sidewalk. Hold the door for someone. Agree to an extension. Be candid. These are some simple examples to our higher calling28 as lawyers to further the “c” words — character, competence, commitment, and civility — both within our profession and as representatives of our profession to the public. “Professionalism is what makes being a lawyer more than a job. And professionalism is why we will always be needed and relevant in our society.”29

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IMMIGRATION LAW COMMITTEE

EXPLORING ALTERNATIVE BUSINESS STRUCTURES IN THE LEGAL FIELD Melissa Bryan, Esq.,

is an attorney with HAWM, PLLC. Ms. Bryan practices in the area of immigration, focusing on family and employment processes and criminal defense law. She is a committee member of the OCBA Immigration Law and Criminal Law Committee.

Sasha Watson Sankey, Esq., is a Partner at HAWM, PLLC. Mrs. Watson Sankey practices in the area of immigration law, focusing on family, removal defense, business, investment processes, and family law.

She is a former chair of the OCBA Immigration Law Committee.

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Implications for Florida Lawyers and the Impact on Professionalism.

T

he legal landscape is currently in the throes of a profound transformation, with jurisdictions, including Florida, contemplating the integration of alternative business structures (ABS) into the legal field. ABS facilitates nonlawyer ownership of law firms or the sharing of legal-related fees with nonlawyers.

Alternative Business Structures are not new concepts but have gained traction in recent years. The District of Columbia has allowed nonlawyers to be partners in law firms since 1991.1 Arizona and Utah modified their Rule 5�4 to permit alternative business structures in 2021 and 2020 respectively.

In June 2023, the Florida Bar’s Professional Ethics Committee voted unanimously to support Proposed Advisory Opinion 23-1, allowing a Florida attorney to be a passive investor in an ABS in another state that allows non-lawyer ownership of law firms.

The Board of Governors has given Advisory Opinion 23-1 the green light for publication and formal adoption in Florida. Conversely in 2021, the Florida Bar’s Board of Governors voted unanimously to reject any amendments to the rules that would permit any form of ABS.

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Advisory Opinion 23-1 permits a Florida attorney to engage in passive investment in an ABS situated in another jurisdiction, provided the ABS meets certain criteria. Specifically, the ABS is prohibited from establishing any presence in Florida or offering legal services within the state. The Florida investor-attorney is restricted from assuming a managerial role or providing legal services through the ABS. Active involvement in the day-to-day operations of the ABS is prohibited for the Florida lawyer, who is also barred

from accessing any confidential information related to the ABS. The ABS must otherwise fully comply with the regulatory requirements of the jurisdiction permitting its operation.

As Florida lawyers navigate the intricacies of ABS, it is evident that this most recent action by the Florida Bar represents a significant milestone. The approval of Advisory Opinion 23-1 signals Florida’s appetite, though tepid, for nontraditional business structures within the industry and is likely a pre-

cursor to ABS receiving full authorization, sometime in the future.

• Understanding Alternative Business Structures: An ABS stems from the loosening of restrictions that traditionally limited law firms to ownership by licensed attorneys. The rationale behind ABS is the promotion and acceleration of innovation by fostering collaboration between legal professionals and experts in other fields, increased access to legal services for underserved demographics, and the enhancement of efficiency and competitiveness

of legal service providers. ABS models will result in large scale private investment from major hedge funds and other private equity entities in the legal field.

These alternative structures have already taken over in other professional service fields on a large scale. Most notably, in the dental industry, dental service organizations (DSOs) are consuming the field. DSOs allow non-dentist investors to provide integral support to practices. The DSOs typically own the nonclinical assets, such as dental equipment, leases, and intellectual property, and employ the nonclinical employees.

The DSO provides critical business management and support such as financial operations, and marketing.

As a result, new dentists, as well as solo and small to mid-sized dental practices have flocked to the DSO model in droves. The dentist is not employed by the DSO,2 and therefore maintains autonomy of their practice, but is a contractor to the facility that provides all the other inputs.

These entities can scale rapidly and take advantage of private equity investment to dominate in areas such as marketing and technological advancements. As of 2022, 19% of Florida dentists are affiliated with a DSO while that number is approximately 13% nationwide.3 Some projections for growth show DSO market penetration hitting 39% by 2026.4 ABSs in the legal profession, like DSOs in dentistry, present significant opportunities for solos and small firms to take advantage of economies of scale to increase their competitiveness in a saturated marketplace. Fragmented industries, such as the legal field, are attractive areas for private equity investment due to the potential for exponential scalability and market share growth. In the legal industry, there is no dominant player, with the largest estimated market share of 0�5% being held by Latham & Watkins.5

Implications on Rules Regulating the Florida Bar Rule 4-5�4 (c), of the Rules Regulating the Florida Bar, unequivocally states, “[a] lawyer shall not form a partnership with a nonlawyer if any of the partnership’s activities consist of the practice of law.”

Consequently, lawyers establishing partnerships with nonlawyers is expressly prohibited once a business transforms into a law firm. The recent allowance for lawyers in Florida to engage in ABS in other states indicates a potential paradigm shift for Rule 4-5�4(c).

Additionally, Rule 4-7�17(b) states that Florida Bar members cannot pay referral fees or provide anything of value to a nonlawyer for referring clients to the lawyer. Furthermore, Florida Bar members are forbidden from directly or indirectly dividing fees with nonlawyers under Rule 4-5�4(a).

With the passage of time, and the dynamic trends in how legal services are promoted and sold, more pressure will be placed on the Florida Bar to reassess its restrictive policy regarding law firm ownership. A more equitable balance between legal ethics and legal business must be explored to enable Florida lawyers to participate in business structures that

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IMMIGRATION LAW COMMITTEE ing under ABS can proflicts of interest between ers, often equipped with vide services at lower the profit motive of diverse expertise from costs, making legal repnon-lawyer stakeholdother industries, introresentation more accesers and the ethical obliduces fresh perspectives sible to individuals in gations of lawyers to prion enhancing efficiency marginalized communioritize client interests. and client engagement. ties who may be finanRobust regulations and This collaboration can cially constrained. ABS ethical guidelines can be result in the seamless incan contribute to the fiimplemented to ensure tegration of technology nancial stability of law that lawyers maintain to streamline legal profirms, enabling them to their professional indecesses, keeping law firms allocate more resources pendence and prioritize at the forefront of industo pro bono and low-inclient welfare over finantry advancements. come legal services. Adcial interests.

• Diversification of Serditionally, by expanding • Maintaining Core Ethvices: Non-lawyer owninto areas such as comical Values: The legal ership facilitated by ABS munity legal education, profession has a longempowers law firms to preventive legal services, standing commitment to diversify their service ofand outreach programs, upholding ethical valferings in response to cliABS can proactively adues, including client ents’ evolving needs. This dress legal issues before confidentiality, loyalty, diversification meets the they escalate, promoting and the pursuit of jusdynamic demands of a more inclusive and retice. Critics argue that the legal landscape and sponsive legal ecosystem.

ABS may erode the tradifosters interdisciplin• Increased Access to tional values of the legal Benefits of ABS for ary collaboration withCapital: A key benefit profession, leading to a Lawyers in Florida in the firm. The outcome of ABS lies in its capacfocus on profit-making ABSs have the potential is the development of ity to draw external prirather than upholding to revolutionize the legal new, client-focused legal vate equity investment, the highest standards landscape in Florida, proservices that address a offering law firms cruof professionalism and viding viable solutions to broader spectrum of iscial capital for technoloethics. The ownership persistent challenges faced sues and challenges. gy, marketing, and talent • Impact on Professionstructure of a law firm is by both clients and attoracquisition. This capital unlikely to compromise neys. These challenges enalism: ABS may have a infusion improves client the ethical standards of compass issues related to notable impact on proservices and operational licensed regulated lawaccess to justice, access to fessionalism, prompting efficiency while fosteryers who undoubtedcapital, the integration of concerns about conflicts ing increased minority ly will be subjected to innovation and technoloof interest, the preservaownership in law firms. more rigorous regulagy, as well as the diversifition of core ethical val• Innovation and Techtions and codes of concation of legal services. ues, and the necessity nology Integration: ABS duct to safeguard the • Increased Access to to protect against unmodels can be a catalyst core values of the legal Justice: The leading arwarranted commercial for adopting innovative profession under ABS. gument for ABS strucpressures. technologies and modHigh ethical standards tures is increased access • Conflict of Interern business practices is a central tenet of the to justice. By reducing est Concerns: Allowwithin law firms at record profession and is not overhead costs and leing non-lawyers to have speeds. The inclusion of likely to disappear in the veraging economies of ownership stakes in law non-lawyer stakeholdface of ABS. scale, law firms operatfirms may create conbenefit both the practitioner and the public.

The evolving landscape of ABS in other states necessitates a thorough review of the Rules Regulating the Florida Bar, so as not to disadvantage Florida attorneys. Scrutiny of Rule 4-5�4(c) and Rule 4-7�17(b) is essential to ensure their continued relevance and effectiveness amidst the shifting dynamics of the legal industry. The Florida Bar will need to continuously harmonize the longstanding tradition of high legal ethics with the evolving demands and opportunities presented by alternative business structures.

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Upchurch Watson White & Max • Guarding Against Commercial Pressures: The influence of non-lawyer owners in ABS structures may introduce commercial pressures. Detractors argue that ABS may prioritize cost-cutting and profit-maximization over the quality of legal services, potentially leading to a decline in the overall standard of legal representation. Effective regulatory oversight can maintain quality standards by setting benchmarks for legal services, ensuring continuing legal education, and imposing consequences for substandard practices.

• Conclusion: The discourse surrounding ABS within the legal domain necessitates a delicate equilibrium between recognizing potential advantages and addressing valid concerns. Paramount to this equilibrium are effective regulatory measures, diligent oversight, and a stead-

fast adherence to ethical principles. These elements play a pivotal role in mitigating the potential drawbacks associated with ABS, cultivating a legal environment that upholds the highest standards of professionalism and safeguards client interests. While ABS presents promising prospects for increased capital, innovation, and an expanded array of services, it is imperative that the unwavering commitment to the ethical foundations of the legal profession remains steadfast. This commitment holds significant importance for all stakeholders involved. Striking a balance between the business dimensions of legal practice and the preservation of professionalism emerges as a critical factor in successfully navigating the dynamic and evolving landscape of legal practice in Florida.

1. American Bar Association, ABA issues guidance on investing in ABS-approved entities when a lawyer is licensed elsewhere, (Sept. 29, 2021), available at https://www. americanbar.org/news/abanews/ aba-news-archives/2021/09/abaissues-guidance-on-investing-in-absapproved-entities-when-a/ (Last visited Jan. 31, 2024).

xlsx?rev=4218fe6cad034cd5b60d93 1f71b43fad&hash=285F168441 86F908D3F1A0B2BC86B381 (last visited Jan. 31, 2024).

2. Chapter 466, Florida Statutes.

3. American Dental Association, DSO Affiliation - State Data available at https://www.ada.org/-/media/project/ ada-organization/ada/ada-org/files/ resources/research/hpi/hpidata_ dentist_practice_modalities_2022.

MEDIATION GROUP

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Frank M. Bedell to its distinguished panel.

Frank Bedell

fbedell@uww-adr.com

» Commercial trial lawyer and veteran dispute resolution practitioner with more than 35 years of experience. » Federal Court and Florida Supreme Court Certified Circuit Civil Mediator. » Practicing in these and other areas: Breach of Contract Claims, General Civil Litigation, Commercial Litigation, Personal Injury, Real Estate Disputes, Theft of Trade Secrets and Non-Compete Claims, Professional Negligence Claims and Probate and Trust Disputes.

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4. L.E.K Insights, Outlook for the US Dental Industry: Drilling into the Root of the Market, 2022.

5. IBIS World, Latham & Watkins LLP – Company Profile, available at https:// www.ibisworld.com/us/company/ latham-watkins-llp/8611/#:~:text=Latham%20%26%20Watkins%20 LLP%20%2D%20Overview&text=In%20the%20US%2C%20the%20 company,growth%20compared%20 to%20their%20peers (last visited Jan. 31, 2024).

orangecountybar.org

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LEGAL AID SOCIETY: WHAT WE DO

THE POWER OF PRO BONO WORK Vanessa Clark, Esq.

Pro Bono Attorney and OCBA member since 2012.

Laura Sanchez, Esq. Legal Aid Society Staff Attorney and OCBA member since 2018.

For more information, or if you would like to be a pro bono attorney for the Legal Aid Society, please contact Attorney Laura Sanchez at lsanchez@legalaidocba.org.

Should you wish to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development at (407) 515-1850 or email: dhaynes@legalaidocba.org.

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she actively contributes to the betterment of the legal profession and the broader community.

Her dedication to the most vulnerable truly sets Vanessa apart, as does her n the bustling legal world of Orlando, Florida, one name stands as a testament to the power of pro bono unwavering advocacy for those who need it most. work - Vanessa Clark, the founder of Clark Law Whether she’s representing PLLC. Vanessa’s unwavering dedication to providing cruvulnerable children in GAL cial legal services to those who need them most through cases, assisting individuals her extensive volunteer work with the Legal Aid Society with their legal challenghas made her a shining example in the legal community. es, or ensuring that elderly Spanish-speaking clients receive the help they decalls this experience fond- serve, Vanessa is known for Vanessa’s roots trace her compassion and fierce ly, saying, “Helping this back to San Juan, Pueradvocacy. Her passion for grandma in need and ento Rico. At the age of five, justice and her tireless efher family made the move suring that her family’s to Orlando, where she pur- dedication to her was hon- forts to ensure that everyone has access to legal repored was truly fulfilling. sued her education at the resentation, make her a University of Central Flor- She was so grateful. It’s valuable asset to the legal moments like these that ida and later attended community and the people remind us why we do pro Barry Law School. she serves. bono work.”

Vanessa embarked on Vanessa, like many other As Vanessa eloquently her pro bono journey in Legal Aid pro bono attorputs it, “Serving others is 2012 when she obtained neys, is not just empowernot just a duty; it’s a privher license to practice ing the low-income comilege. It’s about recognizlaw. Since then, she has munities she serves, but ing the immense impact been actively volunteershe is changing the course we can make in the lives ing her legal expertise to of the legal field to one of of those who are less forserve her community. Her tunate. Providing legal as- compassion, understandpro bono work has encompassed a wide range of sistance to those who need ing, and humanity. cases, including serving as it most is a way of giving a Guardian ad Litem (GAL) back and ensuring that to represent the best inter- justice is accessible to all.”

Vanessa’s commitment ests of children caught up to pro bono work extends in the complexities of the beyond her legal practice; legal system. she also plays an active role One particularly heartwarming chapter of Vanes- in various organizations, including the Hispanic Bar sa’s pro bono journey involved assisting an elderly Association of Central Florida. Through her participaSpanish woman with her tion in these organizations, estate plan. Vanessa re-

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I MARCH 2024

SIDEBAR

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

VOLUNTARY BAR

Lunar New Year Celebration

The Greater Orlando Asian American Bar Association (GOAABA)

FEBRUARY 28, 2024 / The Greater Orlando Asian American Bar Associ-

ation (GOAABA) hosted its Lunar New Year Celebration at Osphere Neighborhood Grill and Bar.

Valentines Day Happy Hour

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.

The Hispanic Bar Association of Central Florida

FEBRUARY 6, 2024 / the Hispanic Bar Association of Central Florida host-

ed a Valentines Day Happy Hour at the Law Office of Corey Cohen.

WHO’S WHO 1 Group picture from GOAABA’s holiday party 2 Hispanic Bar Association of Central Florida Valentines Day Happy Hour 3 Annie Blanc, Jamie Billotte Moses, Sharlene Stanford, Ayana Barrow, Christina Russo Walters, Mary Walter Ingram, Nequosha Anderson, Nicolette Kramer, Alena Baker, The Honorable Celia Dorn 4 January General Body Meeting

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I MARCH 2024

January General Body Meeting

The Paul C. Perkins Bar Association (PCPBA)

JANUARY 17, 2024 / The Paul C. Perkins Bar As-

sociation (PCPBA) hosted its first meeting of the year titled: Pathways to the Bench, Navigating the Judicial Landscape for Judicial Excellence.” PCPBA wishes to thank its panelists: The Honorable Emerson Thompson, The Honorable Reginald Whitehead, The Honorable Embry J. Kidd and Moderator, Natasha Williams, Esq.

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February luncheon

Central Florida Association for Female Lawyers (CFAWL)

The Central Florida Association for Women Lawyers (CFAWL) wishes to congratulate fellow member, The Honorable Celia Dorn, on her appointment to the Osceola County Court.

CFAWL also wishes to share that in February, Annie Blanc, Nequosha Anderson and Ayana Kay had the privilege to present and attend the Florida Bar Young Lawyer’s Division 2024 Affiliate Outreach Conference at Disney where CFAWL was awarded the 2024 Mid-Size Affiliate of the Year from the Florida Bar YLD. OTHER VOLUNTARY BAR EVENTS JAN 24 / PCPBA hosted its Annual judicial Reception at Leu Gardens. PCPBA wishes to thank all of the members of the Judiciary who attended the event and do so much for their community.

FEB 8 / CFAWL participated in the 11th annual “Walk a Mile in Her Shoes” event in downtown Orlando and helped raise over �500 in support of Harbor House.

The next day on February 9, 2024, CFAWL cohosted a joint luncheon with the Paul C. Perkins Bar Association in celebration of Black History Month.

FEB 18 / CFAWL headed to the Silver Spurs Rodeo in Osceola County and treated the first 25

registered guests to free admission.

FEB 22 / CFAWL attended the FAMU career fair and had a wonderful time interacting and networking with law students.

FEBRUARY / PCPBA helped celebrate Black History Month by having a Black History Month BBQ party hosted by Osborne & Francis Law Firm, PLLC. Also in February, PCPBA volunteered at Ivey Lane Elementary where they hosted a special “Read to a Child” celebration.

Thanks to the donations made possible by private donors as well as well as the Florida Bar YLD, every child in first and second grade received a brand-

new book with extra books donated to the school library. PCPBA also wishes to thank FAMU Law for donating coloring books as well.

otherwise known as the 80/20 Rule, and using the “Eisenhower Matrix” and “Circles of Control” to help evaluate the importance, urgency, and level of control we have over certain tasks, events, and outcomes.

OCTOBER 2023 / The George C. Young American Inns of Court (Inn) kept to their theme of “7 Habits of Happy, Healthy and Hardworking Ethical Professionals” during their October 2023 meeting. As such, the pupillage group presented on time management and productivity. Florida Circuit Judge Vincent Chiu provided Inn members with several tips and tools to help efficiently manage time and get more of the “important” things done.

Among the suggestions was implementing the “Pareto Principle,”

The presentation was interactive as attendees were placed into teams and tasked with applying the “Eisenhower Matrix” and “Circles of Control” frameworks to various problems and scenarios.

After a discussion of each team’s results, members of the pupillage group engaged in a panel discussion on how they best manage their time and productivity in their dayto-day law practice. Panel members included Sr. U.S. District Judge Roy Dalton, and Attorneys, Kristopher Kest, Charles Greene,

orangecountybar.org

Jennifer Karr, Kenneth, Lineberger, Samendio Mathieu, and Oliva Share.

Each panel member shared lessons learned throughout the various phases of their career, which have helped them maximize their productivity.

Finally, Judge Dalton provided his perspective on the importance of time management and being organized, especially in federal court. He explained in detail how he manages his workday, and shared best practices he encourages each of his law clerks to implement.

One such practice includes breaking down each day’s tasks into categories such as “must do”, “can do”, and “may do”, and prioritizing accordingly.

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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

YOUNG LAWYERS SECTION

Golf Tournament

FEBRUARY 2 / YLS Golf Tournament. It was a fantastic day on the green at

the Rio Pinar Golf Club! From the shotgun start to the reception lunch and awards that followed, every moment was filled with camaraderie. We work in a stressful profession, and having a day to relax and unwind is so important. It was a day where skill, strategy, and a bit of friendly competition came together beautifully. We can’t wait for the next tournament. The bar has been set high, but we’re excited to see how we can make the next one even more memorable. Stay tuned for more details, and get ready to tee off at another thrilling event!

OTHER YLS EVENTS FEBRUARY 16 / YLS had it’s monthly luncheon! We had a great discussion about the challenges that African American attorneys have faced and continue to face, but also about the progress that we have made. We were honored to have speakers who not only shared their inspiring stories but also illuminated the path forward in our pursuit of diversity, equity, and inclusion in the legal field. Thank you to everyone who attended the luncheon.

FEBRUARY 22 / YLS held its Evening with the Judiciary. It was a unique opportunity for us to engage with esteemed members of the judiciary in a more relaxed setting. Court can just be so formal. The insights shared, the stories told, and the wisdom imparted were invaluable. It’s not every day that we get such a close look at the perspectives and experiences of our respected judges. The event was not only enlightening but also a wonderful chance to network and connect with peers and mentors alike.

Coming up MARCH 8, 2024 / YLS Luncheon at the Citrus Club MARCH 28, 2024 / Pink Party – T.Swift Edition APRIL 13, 2024 / Wills for Heroes

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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

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.”

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

Winderweedle, Haines, et al.

10-19 MEMBERS

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

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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

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