The Orange County Bar Association - The Briefs - June 2024

MARATHON OF CHANGES Margaret H. Schreiber on the Florida Rules of Civil Procedure

THE POWER OF HABIT

VICTOR FOR CHILDREN

Heather Pinder Rodriguez shares the seven habits of highly happy lawyers

A PUBLICATION OF

Legal Aid Society spotlight on GAL lawyer Victoria Manglardi

JUNE 2024 VOL. 92 NO. 5

IN THIS TOGETHER Get to know the 2024-25 president

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Contents

Amber Davis (left), OCBA Immediate Past President and Arti Hirani, OCBA President

LETTERS FROM LEADERS

05 I SPECIAL ANNOUNCEMENT A Note from the Editor John Hunt

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE “We Did it Together” Arti Ajit Hirani, Esq.

10 I CLERK’S CORNER

FCCC Priority Legislation

The Honorable Tiffany Moore Russell, Esq.

12 I CHIEF’S COLUMN

A Marathon of Changes

The Honorable Margaret H. Schreiber

FROM THE COMMITTEES

16 I EGT COMMITTEE Their Fair Share Jeanette Mora, Esq.

18 I PROFESSIONALISM COMMITTEE

The Seven Habits of Highly Happy Lawyers

SIDEBAR: NEWS / EVENTS / UPDATES

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

30 I HEARSAY

Reviving a Classic

Ana “Ani” Rodriguez-Newbern, Esq.

The Honorable Heather Pinder Rodriguez LEGAL AID SOCIETY

22 I PRO BONO SPOTLIGHT A Victor for Our Children: Victoria Manglardi Marie Priebe

ADVERTISING DEADLINES

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

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A Note from the Editor 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 _________________

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Editor John M. Hunt Associate Editors Christine Wasula Tina Leger Columnists Alena V. Baker Sean Mendez-Caitlin Officers Arti Ajit Hirani, President Keshara Cowans, President-Elect Lisa Gong Guerrero, Treasurer Michael Barber, Secretary Jacob Schumer, YLS President Executive Council Stephanie Alcalde Catherine T. “Kate” Hollis John M. Hunt Bruce Mount Jessica P. McGinnis Alisia Adamson Profit Rafael O. Rodriguez C. Andrew Roy Brandon M. Sapp Todd C. Smith Jennifer Smith Thomas Jessica A. Travis Interim Executive Director Candice Disorbo Advertising & Sponsorship Manager Ursla Gallagher Marketing & Communications Manager Reatha Cruz-Johnson Design Em Agency, emagency.com _________________

The June issue of the Briefs will be my last as Editor. Given that it is my last issue, I wanted to take some space to thank all those who make this publication possible and who often remain in the background.

First, thanks to the staff at the OCBA who work so hard to ensure the Briefs makes it to print every month.

Special thanks to Reatha Cruz-Johnson, Ursla Gallagher, and Candice Disorbo. Without them, there would be no magazine. Thank you also to our fantastic design team over at Em Agency.

I also want to thank the Associate Editors who have worked with me since I took over as Editor in 2021: Ryan Tindall, Karen Middlekauff, Andrew Roy, and Lauren Brusca. Thank you for spending so many hours editing and for the feedback. Thanks also to Christine Wasula and Tina Leger for joining the team. I know the Briefs will be in great hands moving forward.

I would also be remiss if I did not thank LaShawnda Jackson, Eric Reed, Karen Persis, Amber Davis, and all of the members of the OCBA Executive Council. Thank you for giving me (and the Associate Editors) the opportunity to work on the Briefs. Special thanks to Kate Hollis as the Executive Council liaison. You have made sure we stay on track and kept me in line. If you see any of these folks out and about, be sure to thank them for all of their hard work.

Thank you also to the authors (particularly those who provide a monthly article) for providing consistently excellent content. Thank you to all of the sponsors who believe in the Briefs and its mission and help us keep it going.

Finally, thank you, dear reader, for taking the time out of your schedule to scroll (or flip) through each issue. Providing a topnotch publication sets the OCBA apart, and it would not be possible without you.

Thanks for reading and take care.

John Hunt Editor

PRESIDENT’S MESSAGE

“WE DID IT TOGETHER” Get to know the new OCBA president’s history, accomplishments, and goals for the next year.

Arti Ajit Hirani, Esq.

is an attorney at Meenakshi A. Hirani, P.A. She is both serving president of the association and presidentelect of the Young Lawyers Section.

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My name is Arti Ajit Hirani, and I am incredibly honored to be the President of the best voluntary bar organization in the State of Florida, the Ninth Judicial Circuit, Orange County. Let’s start with a little about myself.

I was born down the street from the Orange County Bar Association (OCBA), studied at Lake Highland Preparatory School, and attended the world’s finest undergraduate school, the University of Florida. After college, I returned to Orlando to our very own Barry University, Dwayne O. Andreas School of Law to obtain my law degree. I passed the New York Bar exam, even traveled to attend the University of Chicago Booth School of Business and obtained my Executive MBA, while I simultaneously attended the University of Florida in Gainesville, FL, and received my LLM in International Tax Law. No matter where I traveled or how beautiful the rest of the cities, states, and countries were, Orlando and the Ninth Judicial Circuit always welcomed me home.

I am a fourth-generation lawyer who has never wanted to be anything other than a practicing attorney. I work at Meenakshi A. Hirani, P.A., for and with the most brilliant attorney I have ever had the pleasure of practicing with: my mother, Meenakshi Hirani. My mother is my hero, and throughout my life, I watched her work hard to build an amazing legal reputation and career for the second time after she moved from India.

I watched her rise to be President of the Legal Aid Society of the OCBA as well as the Central Florida Association of Women Lawyers. Her great example has motivated me throughout my life to achieve more, and it has also inspired me to be the lawyer and person I am today. With that as inspiration, I

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became President of the CFAWL, and I now have the great honor to serve as your OCBA President for the upcoming year.

I am proud to say that for the first time in our Bar’s history, our organization will be led by someone of Indian descent, who also happens to be the youngest and the first President to maintain a seat on the OCBA Young Lawyers Section Board. I will maintain my Young Lawyers Section seat because I am the President-Elect of the Young Lawyers Division of the Florida Bar. This is the first time this has happened in the Ninth Judicial Circuit and creates a unique opportunity for our bar.

What does this mean for the bar? I hope this makes our bar more inclusive, more understanding and more appreciative of what we have. There is a reason why we have an entire section of the OCBA dedicated to being a young lawyer. There are several practice series or CLEs on the Florida Bar website that teach you about how to work a case from start to finish, but there are certain things you can’t completely learn through a lecture, such as how to mend fences when attorneys takes things personally when working with each other and how to remain levelheaded in a profession that breeds and ensures debates and competition. These are things that sometimes must be experienced and learned in real time. I hope, with having a leader who sits on both the OCBA Executive Board and the Young Lawyers Section, my year bridges a gap that will unite younger attorneys, more seasoned attorneys, and in between attorneys encouraging more mentoring, education, connecting, and collaboration for the betterment of our bar association.

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PRESIDENT’S MESSAGE

For me, it is simple: I do it for the community.

We all need each other. I want to make sure our members feel supported, and that they have the relationships, friendships, and tools needed to survive in our changing legal landscape.

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This is the perfect segway into my mission. Many may wonder why I wanted to be President. It is a lot of hard work for which we are not paid, and even more responsibility, which takes time away from your work life and your personal life. This bears repeating — we make no money from this service. So why do we do this again?

For me, it is simple: I do it for the community. We all need each other. I want to make sure our members feel supported, and have the relationships, friendships, and tools needed to survive in our changing legal landscape. This is not always the case. Just this year, on multiple occasions, I have seen those in our profession struggle. I have seen many professionals lack professionalism inside and outside of the courtroom and others who feed into the gossip mill. To some, the practice of law can be an extremely lonely life. Many in our profession unfortunately suffer from substance and alcohol abuse, stress, anxiety, and depression. Our Orange County Bar Association should act as a resource by providing education and a lifeline to assist our members.

I consider myself lucky. There are so many friends and colleagues in the OCBA and other voluntary bar associations that have become like family to me. Through people like OCBA Professionalism Award winner Brandon Sapp, OCBA Executive Board member Kristopher Kest, Florida Bar Past President Scott Westheimer, and Florida Bar President-Elect Sia Baker Barnes, I have personally seen the best of our profession in my involvement with bar service. I have witnessed the great things that can happen if we support each other. We all know that in our profession, time is money, and even though my friends and colleagues are extremely busy in their own personal and professional lives, they make time to reach out to help me.

I lean on my friends and colleagues for support. I remember calling one of my clos-

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est friends, Charise Morgan, who is the incoming President of the Miami Dade County Bar Association and the first African American female President to lead the organization. I was stressed about a case, and she told me, “Our profession is adversarial by nature, of course it hurts.” My talk with her reminded me we all go through things and there are times when all you need is a friend. There is a sacrifice in being involved and leading voluntary bar associations, such as the OCBA, but the friends, family, and community you gain makes it worth it.

I thought a lot about what our theme should be this year. I remember Keshara Cowans, as President of the OCBA YLS, came up with the phrase “We do more.”

The message was an inspiring mantra that galvanized the OCBA YLS and continues to inspire us till this day. When I was first elected a Board of Governor for the Young Lawyers Division of the Florida Bar years ago, an organization made up of elected members from all the circuits in the State of Florida, I was told “No matter what, the Ninth Circuit sticks together.” They say two heads are better than one. We have over 3�000 members in our membership.

We are stronger together than we are apart.

So, what is the theme this year? “We did it together.” Through connections and camaraderie, we will achieve great things, and we will ensure the OCBA works together and remains the best bar association in the State.

Arti Hirani

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CLERK’S CORNER

FCCC PRIORITY LEGISLATION Legislature passes bill to bolster clerk of court funding and technology.

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

I am pleased to share the Florida Court Clerk’s and Comptroller’s (FCCC) priority legislation was passed this session which, will continue to help stabilize Clerk of Court funding if passed into law.

The bill — CS/CS/HB 1077 by Rep. Adam Botana (CS/CS/CS/SB 1470 by Sen. Travis Hutson) — will specifically help stabilize revenue sources for court-related services, provide flexibility for improving court-related technology, and create a driver’s license reinstatement pilot program in Miami-Dade County. Just last month, the Governor signed the legislation into law.

As Clerks of Court, we have over 1�000 statutory responsibilities to serve the public, the court system, and our justice partners. This legislation is another great step toward helping Clerks diversify funding to ensure our services are available. It also gives us the flexibility to improve our operations and technology.

I want to thank Senator Hutson and Representative Botana for advocating for these bills and the entire Florida Legislature for continuing to recognize the challenges Clerks face.

The legislation redirects 100 percent of a $12�50 administrative fee associated with certain traffic violations covered under Chapter 318, F.S., to Clerks’ offices. It also contains an update to Chapter 34, F.S., for the issuance of summonses in county court, allowing Clerks to receive revenue originally intended through last year’s priority legislation (CS/HB 977). These improvements are forecasted to result in a total statewide budget increase of $28�8 million for Clerks.

In addition to these changes, the legislation authorizes Clerks to invest funds from the Fine and Forfeiture Fund into an interest-bearing account for court-related operations and enhancements. Many of the components in these priorities are key to helping close the ongoing gap between available funds and current operating budgets for Clerk of Court offices.

I look forward to continuing to work with the Orange County Legislative Delegation as we bring forward solutions to further address the funding needed to support our offices and protect the critical services we provide.

Until next time,

Tiffany Moore Russell Orange County Clerk of Courts

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CHIEF’S COLUMN

A MARATHON OF CHANGES The Florida Rules of Civil Procedure.

The Honorable Margaret H. Schreiber

Circuit Court Judge Ninth Judicial Circuit Court

Before the Marathon Begins Major modifications to the Florida Rules of Civil Procedure are in the works! Much like running a marathon (which this writer admittedly has no experience with), the process of preparing and planning that goes into reaching the finish line in this case has been extensive, well-considered, and driven by the vision and passion of our judges, attorneys, legal organizations, and many others who share the goal of providing a better procedural system of rules to enhance the administration of justice by enhancing the civil case management process.

In 2016, the “Long-Range Strategic Plan for the Florida Judicial Branch 2016-2021” was adopted. This Strategic Plan guided the strategy for the marathon to come.

1. https://www. floridasupremecourt.org/CaseInformation/Rules-CasesProposed-Amendmends (last visited May 28, 2024) 2. Oral argument is available for viewing on The Supreme Court Website.

The Starting Line and the first 10 miles (2019 – 2022): Workgroup to Proposal Pursuant to an October 31, 2019, Administrative Order signed by Chief Justice Charles Canady, the Florida Supreme Court ordered the creation of a Workgroup on Improved Resolution of Civil Cases established within the Judicial Management Council. Chaired

by Second DCA Judge Robert Morris, the Workgroup was charged with recommending procedural rule changes designed to “improve the clearance rate of civil cases, reduce the time and cost of litigation, . . . and make more effective use of court resources.”

The task of the Workgroup was to modify or create rules that would provide civil judges with greater judicial control of their cases to reach that goal. Judge Morris stated at the December 2019 Board of Governor’s Meeting: “We need to do something about this [civil case management] and it’s our time to try and work on it.” He then noted: “People don’t like change. This is a major paradigm shift.”

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On January 10, 2022, the Workgroup filed its extensive Proposal, warning it represented a “sea change” from an existing trial culture where, case resolution is largely driven by lawyers and litigants. Modeled after the Federal system, the Proposal created a differential case management system setting inflexible trial dates at the beginning of a case and deadlines for filing motions and rendering orders. The Proposal included twenty-six modifications to existing rules and six proposed new rules. Chief Justice Charles Canady noted: “We understand the magnitude of some of those proposals, and it is important that we have full input and deliberate fully as we consider [them].”

The Second 10 Miles (January 2022 – March 2024): Proposal to Oral Presentation The Florida Supreme Court determined to break the proposed changes into manageable “batches” and send them to the Committee to do the work. The first “batch” included Rule 1�200 (case management for streamlined and general cases); Rule 1�201 (complex case management); Rule 1�280 (discovery); Rule 1�440 (“at issue” requirement); and Rule 1�460 (continuances). The Committee prepared two alternative sets of proposed rules for comment: Track A (includes amendments based on the Court’s existing case management requirements that went into effect during the COVID-19 pandemic), and Track B (a refinement of the Workgroup’s proposal for differentiated case management).1 Both Tracts include initial discovery and supplementation of discovery requirements as well as elimination of the “at issue” requirement of Rule 1�440 and the narrowing grounds for continuances. On

September 19, 2022, the Workgroup filed its detailed Response to Comments.

The Florida Supreme Court held oral argument on the proposed changes on March 7, 2024.2 The presenters included Landis V. Curry III, Maegen Peek Luka, the Honorable Anne-Leigh Gaylord Moe, and Russell Landy.

The hard work of the Workgroup and the Committee resulted in detailed analyses of all the proposed changes, sometimes boring into a discussion as to the need for or change to a single word difference between the two Tracks – an analysis that is beyond the scope of this column.

The Final 10K (March 7, 2024 - Present) Oral Argument to The Final Rules Opinion Judges and attorneys can expect potentially significant changes based upon what the Supreme Court does. Those changes may involve: • Elimination of the “at issue” rule; • Setting an actual or a projected trial date; • Continuances; • Duty to supplement discovery; • Flexibility of converting CMCs to hearings on all pending motions; • Penalties for a party’s failure to appear; • Strict enforcement of deadlines; and • Changes to track assignments without motion.

The Finish Line The Workgroup, all Circuits that provided comments, the Florida Bar’s Business Law Section, both plaintiff and defense law firms, and nearly all ad hoc comments supported the Tract A version overall, with varying suggestions to include certain provisions from Tract B. I can’t wait to see what’s on the other side of this finish line!

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Copyright © 2024 Holland & Knight LLP All Rights Reserved

EGT COMMITTEE

THEIR FAIR SHARE Understanding Florida’s Elective Share.

Jeanette Mora, Esq.,

is a probate, guardianship, and estate planning attorney in Winter Park and is a Fellow with the Florida Bar Real Property Probate and Trust Law Section.

She currently serves as Co-Chair of the EGT Committee and Chair of the Elder Law Committee.

1 §732.2035, Fla. Stat. (2024).

2 Fla. Prob. R. 5.360

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n Florida, as in many other states, there are laws in place to protect surviving spouses and ensure they receive a fair share of the deceased partner’s estate. One such legal provision is known as Florida’s Elective Share.

Florida’s Elective Share is a legal mechanism that allows surviving spouses to claim a certain portion of their deceased spouse’s estate, even if they were not included in the deceased spouse’s will or testamentary plan. The rationale behind Florida’s Elective Share is to provide financial protection for the surviving spouse, especially in situations where they might have been excluded from the will intentionally or unintentionally.

How Does Florida’s Elective Share Work?

Under Florida law, the elective share amount is 30% of the deceased spouse’s elective estate. But not so fast, the calculation for the purposes of determining the elective share are not quite straightforward. The following assets are included in the decedent’s elective estate1: 1. The decedent’s probate estate; 2. The decedent’s interest in protected homestead; 3. Joint bank accounts, pay-ondeath accounts, Totten trusts, and similar account types; 4. Property held in joint tenancy with right of survivorship and tenancy by entireties;

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5. Revocable trusts (and other revocable transfers); 6. Irrevocable transfers by the decedent; 7. Transfers with retained right to discretionary principal distributions; 8. Irrevocable transfers not subject to Elective Share; 9. Net cash surrender value of life insurance policy immediately before death; 10. Pensions and retirement plans; 11. Transfers made within one year of the decedent’s death; and 12. Irrevocable transfers to Elective Share Trust; The statute specifically excludes the following from the elective estate:

1. Pre-1999 irrevocable transfers; 2. Transfers of property for which the decedent received adequate consideration; 3. Transfers of property made by the decedent with the decedent’s spouse’s consent; 4. Life insurance proceeds in excess of it’s cash surrender value; 5. The decedent’s onehalf (1/2) of any community property; 6. Property held in a qualifying special needs trust for a disabled surviving spouse; 7. Property where the decedent possessed a general power of appointment; 8. Homestead property if the decedent died before July 1, 2017; and 9. Homestead property after July 1, 2017, if the surviving spouse validly waived their Homestead rights.

Order of Priority in Satisfying the Elective Estate If the assets passing to the surviving spouse are not sufficient to satisfy the elective share, the remaining balance is apportioned as follows: First, from the decedent’s probate estate and any revocable trusts created by the decedent. Second, property held in joint bank accounts, pay-on-death, transfer-on-

death, joint tenancy with right of survivorship and tenancy by the entireties, direct beneficiaries of insurance or retirement plans, and real property transferred by the decedent during life. Third, all other property interests except protected charitable interests.

If these assets are not sufficient to satisfy the remaining elective share amount, the remaining balance is satisfied from property held in trust in which the spouse has an interest but is not considered an elective share trust or special needs trust. Any remaining unsatisfied balance is satisfied from recipients of protected charitable lead interests.

Florida’s elective share is not automatic. The surviving spouse must make an election to claim the elective share within a specific timeframe, typically within six months of receiving notice of the administration of the deceased spouse’s estate. Failing to make the election within the prescribed timeframe may result in the forfeiture of the elective share rights. Rule 5�360, Florida Probate Rules, outlines the procedural steps to determine entitlement to the elective share2.

Creditors The surviving spouse’s elective share takes priority over beneficiaries under the decedent’s will or re-

vocable trust as well as administration costs; however, it does not take priority over the claims of the decedent’s creditors. Debts of the decedent will reduce the value of the aggregate assets included in the elective share and the surviving spouse receives the smaller “net” elective estate. Creditors must be satisfied before distributions to any beneficiary, including the surviving spouse.

Implications for Estate Planning Understanding Florida’s Elective Share is crucial when engaging in estate planning. It serves as a reminder that spouses have certain rights that cannot be easily disregarded through testamentary documents alone. When considering estate planning strategies, it is crucial to be aware of the potential impact of the elective share on the distribution of assets.

To mitigate potential conflicts and ensure that the distribution of assets aligns with one’s intentions, clients may consider various estate planning techniques. These may include prenuptial or postnuptial agreements, trust planning, and other strategies that provide flexibility while protecting the interests of both spouses.

This article was originally published in the Fall 2023 issue of ActionLine, a Florida Bar Real Property and Trust Law Section publication.

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PROFESSIONALISM COMMITTEE

THE SEVEN HABITS OF HIGHLY HAPPY LAWYERS The Honorable Heather Pinder Rodriguez is a Circuit

When we are centered and level-headed, it becomes easier to withstand the stress and strain of difficult attorneys who scoff at the beliefs we espouse.

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HABIT #3: Practice Empathy.

Empathy requires a willingness to consider the viewAdapting one of the world’s most popular point, experiences, or feelself-help books for legal life. ings of another person. f you are reading this article, you are presumably com- Empathy helps us remove ourselves from the conflict. mitted to professionalism ideals, and, like many of Through empathy, we realus, become frustrated when interacting with those who ignore the basic tenets of the Attorney’s Oath of Ad- ize that unprofessional bemission. While we cannot control the behavior of others, we havior may be attributable can control our response that behavior. When we are cen- to mental health challenges, tered and level-headed, it becomes easier to withstand the workload, financial stress, stress and strain of difficult attorneys who scoff at the be- insecurity, addiction, loneliefs we espouse. But how do we maintain such resiliency? liness, lack of experience or mentorship, and many other Inspired by Stephen Covey’s The Seven Habits of Highsources that are unrelated to ly Effective People, here are Seven Habits to help you be a highly happy lawyer—even when besieged by unprofes- us. Empathy helps us understand that “hurt people, hurt sional conduct. people.” While this does not excuse the behavior, it allows us to respond to the behavior with less emotional entanglement.

HABIT #2: Be Involved.

HABIT #1: Surround Hopefully, we find these Yourself with People admirable people through You Admire.

HABIT #4: Lead with Grace.

If there are two ways to inwork—but just as many, if We know we need strong terpret a communication or mentors, colleagues, and not more, can be found in friends; however, often we professional organizations, behavior and one interprebecome too busy to acsuch as the OCBA and other tation is emotionally neutral and the other is highly tively search for these revoluntary bars, or commuoffensive or passively aglationships or intentionalnity and religious groups. ly nurture them. Yet, when Through our involvement in gressive, chose to give grace we are with people we adthese organizations we con- and interpret the interaction in the best possible mire we learn from their nect, learn, and laugh tolight. As judges, we practice wisdom, share our struggether. We find a sense of gles, and discuss solutions. belonging with others who this frequently when an argument begins with, “Your Spending time with people share our expectations of civility and commitment to Honor, in all due respect . . we respect helps us stay .” While the statement could our community. When we grounded and maintain perspective. take the next step and serve be interpreted as offensive,

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Judge of the Ninth Judicial Circuit. She serves as chair of the Professionalism Committee.

together, such as through the Legal Aid Society or a service project, we forge deeper connections and friendships that enrich our lives and the lives of others.

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Improving Lives

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PROFESSIONALISM COMMITTEE we know that often it is a neutral clarification of the court’s conclusions or understandings. Giving space for grace allows us to be more even-tempered in our response.

HABIT #5: Ask for Help.

In this profession, we are going to get overwhelmed and overloaded. Do not be too proud to ask for help from colleagues, opposing counsel, and the court. Let the judge know if you need help communicating with opposing counsel, scheduling hearings or depositions, or juggling multiple deadlines and trials. When judges are aware of these situations early, we can help by guiding conversations and adjusting deadlines while still complying with the Florida Supreme Court’s case management mandates.

another’s problems. This is a heavy burden, and if we do not find ways to put this burden down once and while, it can crush us. When we are well-cared for, we are equipped to respond to the challenges posed by difficult personalities with patience and civility.

HABIT #7: Invite Others.

We are better when our community is stronger. Consider inviting others—even opposing counsel—to join you for a bar lunch. Ask new lawyers to join you at a bar event and introduce them to our legal community. When we share a meal or work on a goal together, our legal community is strengthened, and our shared culture of professionalism expands.

Ultimately, professionalism is a heart-healthy habit.

It allows us the ability to tackle difficult cases, serve HABIT #6: Be Good our clients, and be the zealto Yourself.

We all know the importance ous advocates we aspire to be, without losing ourof self-care, sleep, exercise, mindfulness, (actually) going selves in the process. Lawyers who practice with on vacation, and developprofessionalism truly are ing hobbies. As lawyers, we are asked to carry and solve highly happy people.

New Members Huda Amer Awan Shay M. Beaudoin Dayana Blanco Madison E. Buckley Edward Patrick Buntz Rebecca Mae Burton Alicia Chiu Lenora Easter Paul Ghezzi Scott Brian Halperin

REGULAR

Mary R. Hudson Nehemiah L. Jefferson Flor Leiva Mallory Lizana Emily Katherine Logue Dawn Marshall Michael Allen O’Quinn Genesis Reyes-Reyes Widner Saint-Cyr Cortney B. Szafran

FULFILL YOUR LEGAL AID REQUIREMENT

4 Ways

1. Take Cases as needed by the Legal Aid Society in Family Law, Consumer Law, Housing Law, Immigration Law, Veterans, Sealing and Expunction, or other areas.

2. Be a Guardian ad Litem (GAL) and

take cases as needed by the Legal Aid Society in Dependency, Transitions, Appeals, Delinquency, or Child Victim/Witness Cases.

3. Participate in Projects as needed in

Bankruptcy, Citizen’s Dispute Settlement, Family Mediation, Community Education, Tax, Teen Court, Teen/Parent Education, Housing Advice Clinics, or others.

4. Contribute Financially. Donate $350 in

lieu of service and help ensure Legal Aid can provide services to the disadvantaged in our community.

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orangecountybar.org

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LEGAL AID SOCIETY: PRO BONO SPOTLIGHT

A VICTOR FOR OUR CHILDREN

Highlighting the work of Victoria Manglardi.

T

he Legal Aid Society of the Orange County Bar Association prides itself in the work we do for the underprivileged population of our community, serving over 4�000 families each year. We could not do that without the help of our talented, diverse and committed pro bono network of nearly 2�800 volunteer attorneys. Victoria Manglardi is one of them!

Marie Priebe, Esq.,

is a Guardian ad Litem Attorney with the OCBA Legal Aid Society. She has been an OCBA Member Since 2015.

To learn more or take a GAL case: (407) 841-8310 or mpriebe@legalaidocba.org.

“I’ve had the pleasure of representing many teenagers that have succeeded after the child welfare system, and I’m still in contact with them today.”

Victoria’s fascination with the law started when she was just a girl, inspired by her uncle who is also a practicing attorney. Graduating from Florida A& M University College of Law in 2011, she started her legal career as an Assistant Public Defender, handling juvenile, county and felony cases. Victoria now works as a personal injury attorney at Martinez Manglardi, PA and has served as a pro bono Guardian ad Litem (GAL) for the past five years.

As a Guardian ad Litem, Victoria represents the best interests of children in dependency cases. She puts her heart and soul into these cases, regularly meeting with her children, building relationships with them, and ensuring they are set up for success.

While she has a passion for helping teens, what Victoria has learned while serving as a GAL, can assist anyone interested in taking a GAL case. Hear it from her yourself: What inspired you to become a Guardian ad Litem?

I missed my work as a Public Defender so I reached out to Legal Aid. I was first assigned to crossover cases, meaning I would help those children that were both under

— Victoria Manglardi

For more information on how to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development at (407) 515-1850 or dhaynes@legalaidocba.org.

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dependency and delinquency [court]. I would advocate for them in dependency and also be there if they needed help understanding the criminal side in delinquency but wasn’t their assigned attorney [for that matter].

What types of cases most interest you and why?

I enjoy helping teenagers because I find I can help them the most. Teenagers in foster care sometimes need the most help trying to advocate for themselves and navigating the child welfare system.

How is GAL work different from your private practice?

Understanding and applying the law and statutes in dependency court is completely different than proving one of my negligence cases. Moreover, receiving an after-hour’s call from one of my GAL children versus one of my clients is typically less challenging. Sometimes, it’s as easy as reminding them when the next court hearing is or giving advice on their future.

What do you find most challenging about GAL work?

GAL work can be so rewarding, but it can also be very heart-breaking. The

team wants the best for the child, but sometimes the law doesn’t support what we want.

What most surprised you about the child welfare system?

The most surprising thing about the child welfare system is how hard it is for all family members involved, especially foster parents, and any siblings.

It shouldn’t be so hard to place a child in a safe environment over the unsafe one that they were removed from.

What’s one thing you find most valuable about the child welfare system and one thing that needs to change?

Call me biased, but the GAL Program is the most valuable piece of the child welfare system because these children need all the support they can receive.

However, the GAL can only do so much. They have to rely on the DCF Attorney, Case Manager, Court Staff, etc. to make sure things get done. One thing that needs to change is the amount of funding that there is to help with the hiring of more case managers and placements. Unfortunately, there are a lot of children in the child welfare system and not enough homes to place them.

orangecountybar.org

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LEGAL AID SOCIETY: PRO BONO SPOTLIGHT What three pieces of advice would you give a new GAL? 1. Learn the dependency laws (Florida Statutes, Chapter 39, and the Florida Rules of Juvenile Procedure) to best advocate for your child.

2. Show grace to case management and try to assist when you can, but don’t be afraid to continuously follow up, if necessary.

3. Do not take anything a child says too personally as they are new to the child welfare system, just like you, and are

probably trying the best they can.

Please share a personal success on one of your pro bono GAL Cases.

The best feeling as a GAL is when one of your chil-

dren turns 18, they make the decision to start their future, whether working or going to college, and they finally feel a little freer.

I’ve had the pleasure of representing many teenagers that have succeeded

“Call me biased, but the GAL Program is the most valuable piece of the child welfare system because these children need all the support they can receive.”

— Victoria Manglardi

Employers are facing an unprecedented skills shortage.

Here’s how your Florida law firm can do more with less. leap.us/skills-shortage 24 I

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I JUNE 2024

after the child welfare system, and I’m still in contact with them today.

Victoria is a true asset to the GAL Program and continues to take on challenging cases. Many of the children she’s represented have significant past trauma and mental health struggles. Some have open delinquency cases and others are trying to navigate adulthood. While not every case is a walk in the park, Victoria handles each matter with grace and ease! Thank you, Victoria!

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SIDEBAR

1

NEWS / EVENTS / UPDATES

YLS on the Move This year has flown by! We have had so many great events, and it has been so great seeing all of you there. We say it all the time, but we truly mean it: Our events would be nothing without all of you. Your support and enthusiasm are always welcomed and appreciated. As we head into summer and a new year, we are delighted to share our success and announce some fantastic upcoming opportunities.

2

YLS LUNCHEON: PASS THE GAVEL

MAY 10 / At the Citrus Club, Lauren Reynolds passed the presidency to

Jacob Schumer for the 2024-2025 YLS Year. It was a wonderful event celebrating leadership and looking forward to a new year of YLS initiatives. We want to give a personal thank you to Lauren, who made this year awesome. Lauren went all in to make YLS continue its run.

We are excited to see Jacob continue the tradition.

GREAT OAKS VILLAGE FIELD DAY

MAY 18 / YLS members participated in a fun-filled field day, playing a variety of games and donating shoes to the youth at Great Oaks Village. It was a day of giving back and enjoying the community spirit.

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Sean Mendez-Catlin, 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.

STAY INFORMED: Sign up for weekly YLS email blasts by visiting orangecountybar.org/ page/young-laywers-section FOLLOW US! @OCBAYLS #TogetherWeGoFar

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

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

Winderweedle, Haines, et al.

3 MOLLY RAE ELEMENTARY BOOK FAIR

MAY 21 / We hosted a book fair where each stu-

dent selected two books to take home. Additionally, Darlene Jones generously gave each child her book titled “Luke Learns,” fostering a love for reading among the young students.

BABY GOAT YOGA

MAY 29 / YLS members enjoyed a unique and

relaxing experience with baby goat yoga.

This event was a perfect blend of wellness and fun, leaving everyone with smiles and great memories.

10-19 MEMBERS

WHO’S WHO 1 Attendees at the YLS Pink Party: Taylor Swift Edition 2 Michael Barber, Kelsey Weiss, Lauren Reynolds, and Cooper Powell enjoying the YLS Pink Party Taylor Swift Edition 3 Attendees at the Wills for Heroes Event 4 Brandon Sapp delivers a speech on professionalism at the YLS April Luncheon

SAVE THE DATE

4

JUNE 20

YLS Luncheon: Talking to Reporters JUNE 21

Morning at the State Courthouse JULY 11

Young Lawyers and Law Clerks Reception JULY 12

YLS Luncheon: Judicial Candidate Meet and Greet

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

2-9 MEMBERS

The Aikin Family Law Group Anderson & Ferrin The Arnold Law Group Artemis Family Law Aust Law Firm Barrister Law Firm Barry Miller Law The Brennan Law Firm Carr Law Firm Compass Law Culbertson Law Group Davey Law Group Debra Wilkinson Botwin DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos Divine & Estes The 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

orangecountybar.org

Harris Harris Bauerle Lopez Hilyard, Bogan & Palmer Hornsby Law Infocus Family Law Firm Jill S. Schwartz & Assocs.

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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SIDEBAR: NEWS / EVENTS / UPDATES

REVIVING A CLASSIC

Re-introducing the Hearsay column

L

et us travel all the way back to June of 1999.

Whether you were preparing for Y2K or partying like it was 1999, the OCBA was publishing its 74th volume of the Briefs that year. The June edition had many of the same things that you would expect to see in the Briefs these 25 years later: Articles from our judiciary, a list of new members, a review of that year’s CFAWL Judicial Reception, and Law Week events. And in that edition of the Briefs, we found the inaugural column called “Hearsay.”

Ana “Ani” RodriguezNewbern, Esq.,

practices Family Law and has been a member of the OCBA since 2014.

Jennifer Herndon McRae set out her intentions for the column when she stated that it was “intended to help us learn a little more about the other

members of our bar and legal community,” and that is exactly what this column has been attempting to do since then. Each Hearsay columnist has

been tasked with relaying news, information, and “hearsay” from our community of legal professionals, and each Hearsay columnist has only been able to do that with your help.

So, here is my proposal for the next year’s topics of the Hearsay column. Send in one or two sentences worth of your thoughts on the topics below for a chance to voice featured.

I hope, as Jennifer did in her inaugural edition, that this will help to “get the ball rolling and give you some ideas,” and I hope to hear from you before the next column is due!

Hearsay Topics 2024-2025 JULY

Growth in our community and in our legal profession AUGUST

OCBA Committees!

What do they mean to you?

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OCTOBER

FEBRUARY

Education

Diversity & Inclusion

NOVEMBER

MARCH

Technology in the Profession

Professionalism

JANUARY

Health & Wellness

Finance Solutions

MAY

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