Hon. Robert Egan describes the importance of keeping art in schools
Christine Wasula on what we can learn from the Little League World Series
Jonathan Neyer shares how the Legal Aid Society supports Guardian ad Litems
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Why In-House Legal Departments Should Ensure Company Leaders Learn About the Pregnant Workers Fairness Act
Mentorship: Guiding, Supporting, Growing
Arti Ajit Hirani, Esq.
Raising Awareness About Jury Duty & Payment Scams
The Honorable Tiffany Moore Russell, Esq.
The Ninth Circuit Supports Public Schools and the Arts
The Honorable Robert J. Egan
The Personal Injury Paralegal
Kathleen “Katie” Kimball, Esq.
Lessons from the Little League World Series
Christine Wasula, Esq.
Guardian Ad Litem Tools
Jonathan H. Neyer, Esq.
Like the Spurrier vs. Bowden Rivalry?
Ani Rodriguez-Newbern Esq.
and Rafael Rodriguez Esq.
Ritcy Canelon, Esq.
Alena V. Baker, Esq.
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OCTOBER
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Thursday, October 17 at the Citrus Club
Joint Luncheon with the Central Florida Association for Women Lawyers.
RSVP by Monday, October 14, 2024
Ashley Velez ashleyv@ocbanet.org | orangecountybar.org/page/store RSVPs and cancellations will not be accepted after October 14, 2024.
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.
Education is the process of teaching knowledge to others, the act of receiving knowledge from someone else, or an enlightening experience. I have earned four degrees, including three advanced degrees, two Bar licenses and have taken more educational courses than I can count. However, most of the education that has contributed to my legal career did not come from those aforementioned formal venues. They came from someone guiding me and showing me the ropes.
I recently went on a trip to El Salvador with my friends after a month of conferences for the Florida Bar and the OCBA. While I was excited to attend the conferences and represent our organizations, the back-to-back meetings along with working late to make sure nothing slips through the cracks was exhausting. I was looking forward to a mini vacation and some rest and relaxation with my friends.
we were comfortable trying new (and risky) adventures.
Being open to learning is one of the kindest things you can do for yourself or for others.
On my trip, I went down a deep vertical slide, ziplined via a bicycle across the rainforest, and was pushed on a swing at the top of a cliff. These activities were fun, but so scary! However, I completed them all with the encouragement of my friends. In one activity, they pulled a platform out from underneath me that made me fall and dangle from a bungee cord. My friend, Charise Morgan, went first and we were all able to watch her and have confidence that it could be done without dying! While going down a mountain, my friends, Altanese Phenelous and Brendalyn Edwards, literally held my hand so neither one of us would fall and injure ourselves. We encouraged each other when anyone got tired, and we even sang and listened to music to make the hike easier. Together, we made sure everyone made it down the mountain safely. Collectively,
As lawyers, we are often faced with tasks and types of law that we are unfamiliar with. Sometimes, the most valuable education we receive when faced with issues is not through books but through mentorship. As attorneys, our education and level of understanding of the law is what sets us apart in our profession. We should not be hesitant to seek help and make sure we have mentors, colleagues, or friends that will not only help guide but also encourage us to take on challenges. Think of your first case, your first trial, or your first client. I hope someone helped guide you during that time. If they did not, you most assuredly figured it out the hard way. Regardless, I think we have a duty as attorneys and leaders to help educate each other, so that everyone gets through a trying situation. One of my first mentors was Kristopher Kest, an attorney who needs no introduction in Orange County due to his great leadership and legal prowess. He is a past president of Legal Aid of the Orange County Bar Association, a former longtime member of the OCBA Executive Council, and a former long- time member of the Young Lawyer Section Board. He is also the current chair of the OCBA Mentoring program. When I had my first family law trial, Kristopher not only helped lead me to the resources I needed, he also made sure I was aware of any pertinent rules I would need to follow. Because of him, I felt more comfortable and confident walking into that trial. When I had my first difficult case, I reached out to Mark Horrowitz. Mark was one of the most established and respected criminal defense lawyers. Despite having his own clients and responsibilities, he sat with me
and made sure I knew what to expect for cross-examinations and educated me on other general topics of trial and the law, which were not codified in any legal literature. Again, these two individuals guided me and walked me through what to expect and how to deal with pressing situations. Because of them, I felt more comfortable and confident in my practice.
Being open to learning is one of the kindest things you can do for yourself or for others. It expands our capabilities and our worldview. It is one of the few things that can never be destroyed. Personally and professionally, it is hard to do things alone. For me, it would have been difficult to complete the El Salvador trip solo. The support and companionship my friends gave me confidence and made the trip and adventures possible. In our legal profession, when a task seems unsurmountable, sometimes we just need that supporting hand to guide us and help us to get it done. The Florida Bar and OCBA recognizes this need. As I mentioned before, Kristopher Kest is the chair of mentoring program at OCBA and he is currently seeking out mentors and mentees for our coveted program. He and his committee will match you with a mentor or mentee in a program designed to help you make the most out of your career in Orange County. The Florida bar offers an application called Counsel to Counsel that will match you to another lawyer for mentoring in a nine month program.
Here is my request to you, offer mentorship to someone in our legal practice. Join our mentoring program. Also, don’t be afraid to ask for help or guidance. We often learn even more about our craft when we teach others. Moreover, the mentee will pay it forward! #wedidittogether
Arti Hirani
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The businesses listed herein (the“Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.
I have been working recently with Chief Judge Lisa Munyon and Sheriff John Mina to raise awareness about a resurgence of scammers that have been preying on unsuspecting citizens. You may have heard about these scams or maybe you even received a phone call or email from one of these scammers.
In these scams, criminals claiming to work for the court system or law enforcement, such as a U.S Marshall, call citizens threatening them for missing jury duty or failing to make payments. You may also get a call from these imposters pretending to be deputy clerks from my office demanding payments.
Deputy clerks in my office will never contact customers over the phone or via email demanding money or personal information. My office never processes payments over the phone, and no one will ever ask you for a payment if you miss jury duty. These scammers will even say that you will be arrested and taken to jail if you don’t pay a fine over the phone. This simply is not true.
The court will tell you that jury notifications from them are primarily mailed on official letterhead or served in person. Therefore, any of these phone calls from someone demanding payment and threatening arrest are completely fake. In some cases, these criminals will ask for personal information, such as social security numbers and credit card numbers. As always, never give anyone you don’t know who calls you any personal information. If you receive a phone call like this, write down as much information as you can about the call and provide it to the Orange County Sheriff ’s Office at 407-836-4357. Look for a video on our social media platforms where I join the Sheriff and the Chief Judge to talk about these scams. In the end, we hope this will keep our citizens from falling victim to scams like this.
Until
time,
The Honorable Robert J. Egan Circuit Judge Ninth Judicial Circuit Court
Once a year since 2019, the Thomas S. Kirk Justice Center is transformed from a somewhat somber and dreary institutional structure into a luxurious art gallery. Since that time, the Ninth Circuit has hosted “Exhibit ‘A’: Family Court Art Challenge,” an art show open to all 209�000 students who attend Orange County Public Schools (OCPS). From its humble beginnings, the Family Court Art Challenge has evolved into a highly anticipated annual event in which we receive over 300 pieces of artwork from kindergarten students through high school seniors that are prominently displayed on the walls of the Justice Center’s lobby.
Each year, a different theme is chosen for the art show, and the Orange County stu-
dents have always exceeded expectations with thoughtful, imaginative, and beautiful creations related to the chosen theme. From the very first theme of “What Does Family Mean to Me” to last year’s theme “Someday I Will…”, the students have consistently impressed us with their talent and inspiring artwork. The theme for this year is “The World I Dream of…”, and we cannot wait to see what the students have in store for us! In addition to the visual artwork each student-artist submits, they also provide a written explanation of their creation, and their words are often more impressive and inspiring than the art. Numerous studies have demonstrated how robust arts curricula benefit students in grades K-12. Art programs effective-
1. “Investigating Causal Effects of Arts Education Experiences: Experimental Evidence from Houston’s Arts Access Initiative,” Daniel H. Bowen, Ph.D. and Brian Kisida, Ph.D., RICE/ HERC Houston Education Research Consortium, Volume No. 7, Issue No. 4, February 2019.
2. “The Arts and Dropout Prevention: The Power of Art to Engage” A National Dropout Prevention Center/Network White Paper, October 2017.
3. Orange County Public Schools Annual Report, 2022-23.
ly reduce the number of students receiving disciplinary referrals, increase scores on standardized tests, increase students’ compassion for others,1 and improve graduation rates2. The OCPS System, under the leadership of former Senior Director of Visual and Performing Arts, Scott Evans, the new Senior Director, Jason Lockers, and Senior Administer of Visual and Performing Arts, Cristy Garton, understands the importance of the arts in education, and they are proud to have the highest percentage of students enrolled in performing and visual arts programs among the five largest school districts in Florida. It is no coincidence that OCPS is able to boast an impressive 95�9% graduation rate at traditional high schools3 .
The Family Court Art Challenge has enjoyed tremendous community involvement over the years, and past guest judges have included Orange County Mayor Jerry Demings, Orange County School Board Chair Teresa Jacobs, Orlando Sentinel Columnist Scott Maxwell, and OCPS Deputy Superintendent Bridget Williams. Every year the student-artists and their teachers are recognized at a festive award ceremony at the Justice Center where the first, second, third place, and honorable mention artists re-
ceive awards that include trophies, ribbons, and high-quality art supplies. It is truly a joy to meet so many talented young artists, their families, and teachers and admire their works of art. In addition, the first-place art pieces for each age group are permanently and prominently displayed at the Justice Center in elegant display cases to be enjoyed by attorneys, litigants, and courthouse visitors for years to come.
If you have never seen the artwork on display, you are missing out, and we encourage you to visit the Justice Center this year when the art is displayed. All works of art will be mounted on the walls by October 21, 2024, so please stop by any time during normal business hours to admire the amazing creations. Also, the award ceremony will take place this year at 5�30 pm on November 12, 2024, at the Thomas S. Kirk Justice Center, and the artwork will remain on display for the rest of that week. Everyone is invited to attend the ceremony, honor the amazing talent of OCPS students, and recognize them and their teachers for devoting their time and talent to this event. Please stop by when you can to take in the impressive artwork and give these talented student artists the recognition and appreciation they richly deserve.
Numerous studies have demonstrated how robust arts curricula benefit students in grades K-12.
Why in-house legal departments should ensure company leaders learn about the pregnant workers fairness act
AUTHOR JILL DAVIS, ESQ.
The responsibilities of in-house attorneys can vary greatly depending on factors such as industry, company size, and the structure of the legal department. However, one crucial job duty of nearly all in-house attorneys is to maintain a general knowledge of laws and regulations and to monitor changes to the law that will affect their company.
Many legal developments are of such importance to a company that they will motivate the company to ensure that its leaders are educated regarding the developments through formal training. It is frequently the in-house legal department’s job to monitor legal development and initiate the process for implementing and carrying out leader training.
One recent legal development that has significantly changed the rights of a major portion of the workforce is the federal Pregnant Workers Fairness Act (PWFA).1 The PWFA expands legal protections to pregnant employees beyond those offered by other applicable federal statutes, covers a broad range of conditions outside of pregnancy, and requires companies and leaders to make changes to the way they consider and handle requests for ac-
commodations. For these reasons, it is important for a companies’ leaders to have a basic understanding of the PWFA.
The PWFA went into effect on June 27, 2023. The PWFA requires public and private employers with 15 or more employees to provide reasonable accommodations to an employee’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.2 The federal statute itself does not define “related medical conditions,” and provides that the terms “reasonable accommodation” and “undue hardship” will have the meanings provided in the Americans with Disabilities Act (ADA).3 When it passed the PWFA, Congress directed the Equal Employment Opportunity Commission (EEOC) to issue regulations to carry out the law, specifically requiring the EEOC to provide examples of reasonable accommodations in such regulations.
1. 42 U.S.C. 2000gg to 2000gg-6.
2. The PWFA applies only to accommodations. There are other laws that protect employees from adverse employment action on the basis of pregnancy, childbirth, or related medical conditions, including Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.
3. 42 U.S.C. 12102.
4. 29 CFR Part 1636.
On April 15, 2024, the EEOC issued its final regulation to carry out the law, and the final regulation went into effect on June 18, 2024.4 The final regulation
is expansive at 125 pages and provides a great deal of interpretive guidance regarding the PWFA.
DEPARTURES FROM PRIOR ACCOMMODATION FRAMEWORK
Broad list of covered conditions and no requirement to meet definition of “disability”: The PWFA specifically states that covered conditions do not need to meet the definition of disability specified in section 3 of the ADA, and the final regulation states that covered conditions may be “modest, minor, and/or episodic.” In the final regulation, the EEOC listed examples of conditions that are, or may be, “related medical conditions,” stating that the list was non-exhaustive: termination of pregnancy, including via miscarriage, stillbirth, or abortion; cesarean or perineal wound infection; gestational diabetes; preeclampsia; sciatica; carpal tunnel syndrome; chronic migraines; dehydration; high blood pressure; antenatal (during pregnancy) anxiety, depression, or psychosis; postpartum depression, anxiety, or psychosis; frequent urination; incontinence; varicose veins; changes in hormone levels; vaginal bleeding; menstruation;
and lactation and conditions related to lactation, and other conditions. Prior to the PWFA, companies have been legally required to accommodate illnesses or disabilities that are covered by the Family and Medical Leave Act (FMLA), ADA, or other applicable state laws, and conditions that were not covered by those laws were not protected.
“Temporary” elimination of essential job functions: Under the PWFA, an employee is qualified for protection if the employee can perform the essential functions of a job with or without reasonable accommodations, except that an employee shall be considered qualified if any inability to perform an essential function is for a “temporary period,” the essential function can be performed “in the near future,” and the inability to perform the essential func-
tion can be reasonably accommodated. Under the final regulation, “in the near future” is defined as “generally 40 weeks.” This represents a significant departure from the ADA, which requires individuals with disabilities to be able to perform essential job functions with or without reasonable accommodations in order to be protected by the ADA. The ADA has never required an employer to excuse the performance of essential job functions, and an individual who could not perform essential job functions would be disqualified from ADA protection.
Simplification of interactive process: While the PWFA still contemplates an “interactive process” (like the ADA requires), the EEOC directs that the interactive process under
the PWFA should involve “simple exchanges of information between employees and employers, such as brief conversations or emails, and that many of these will be concluded very shortly after the employee with a known limitation requests a reasonable accommodation, without any requests for further information.” This may be contrary to a company’s current accommodation request process.
Certain accommodations should be automatic and requests for documentation should be limited: The final regulation provides that certain requests should be treated as “predictable assessments” and will not impose an undue hardship “in virtually all cases.” As such, employers should consider automatically granting the four predictable assessments mentioned in the final regulation:
1. Allowing an employee to carry or keep water near and drink, as needed;
2. Allowing an employee to take additional restroom breaks, as needed;
3. Allowing an employee whose work requires standing to sit and whose work requires sitting to stand, as needed; and
4. Allowing an employee to take breaks to eat and drink, as needed.
Further, with respect to these “predictable assessments,” the final regulation states that requesting supporting documentation from the employee will never be reasonable and would violate the PWFA.
In general, an employer may request supporting documentation where reasonable under the circum-
stances. The final regulation provides that when an employee’s condition related to, affected by, or arising out of pregnancy, children, or a related medical condition, and the accommodation are obvious, the employer should not request supporting documentation from the employee. Outside of the specific examples set forth in the final regulation, each accommodation request under the PWFA will require some analysis by employers to determine whether it is reasonable and appropriate to request for employees to provide supporting documentation.
Cannot mandate that an employee take leave, even if paid. The PWFA prohibits an employer from requiring a pregnant employee to take
leave, whether paid or unpaid, if there is a reasonable accommodation that will allow the employee to continue to work, absent undue hardship.
Company leaders’ strict compliance with company policies and processes related to accommodation requests that pre-dated the PWFA will likely result in a violation of the new law, despite the best intentions of the leaders.
For example, many companies have policies requiring employees to provide medical documentation to support any requests for reasonable accommodations. Such policies are generally compliant with the FMLA and
her leader that she needs an accommodation that should be considered a “predictable assessment,” and the leader instructs her to follow the company policy and submit medical documentation, the company will have violated the PWFA, even if the accommodation is granted.
Similarly, a leader engaging in an interactive process with a pregnant employee could violate the PWFA even if the leader’s actions are entirely consistent with the interactive process previously followed under the ADA. First, the leader cannot simply stop engaging in the interactive process if the employee cannot perform all essential job functions. The PWFA will require the leader to consider whether the
inability to perform such essential job functions can be accommodated, which would not have been required under the ADA. Additionally, the interactive process under the ADA frequently involves consideration of whether a leave of absence is an appropriate accommodation for an employee that requires a workplace accommodation that cannot be granted by the employer. Under the
dations and the interactive process can also result in liability under the PWFA due to the requirement under the PWFA that employers handle accommodation requests expeditiously. Specifically, the final regulation states that an employer’s delay in providing the accommodations identified as predictable assessments “will virtually always result in a finding of unnecessary delay” and a violation of the
Training leaders is important in general but is particularly important when it comes to the laws protecting pregnant employees. Effective leader training will ensure compliance, mitigate risk and avoid claims, and foster a supportive environment for a company’s employees.
Kathleen “Katie” Kimball, Esq. has been an insurance defense paralegal with Rumberger, Kirk and Caldwell in Orlando since March of 2021, and has been a paralegal in the state of Florida since 1999. She is a Florida Registered Paralegal and a current board member of the Orange County Bar Association Paralegal Section.
Twenty-five years in the legal field and I still learn something new almost every day. My mother was a Judicial Assistant in Roseville, Michigan. I remember one year trying to neatly address Judge Mary E. McDevitt’s Christmas cards as Mom typed up a hearing transcript across from me on a very loud typewriter that jolted the table with every keystroke – thinking someday I might be a court reporter, attorney, or judge.
dous amount of compassion for a legal assistant when mediation in a case with multiple defendants needed to be rescheduled, or a local rule was overlooked and everyone was copied on the email pointing that out. I’ve been there. There are days I really miss working at my own pace with no stress from billables looming over my head and having real connections with plaintiff clients. The availability of both staff and attorneys at smaller firms is often times why they see repeat clients and have positive word of mouth referrals.
I encourage those just starting out to give a smaller plaintiff ’s personal injury firm a try.
What I didn’t think was going to happen is that I would find these things — working overtime, super-sleuthing, dealing with every type of records custodian, process server and third-party subpoena company known to man, living through the transition to e-filing, doubling as a therapist to numerous clients over the years – many of whom I now consider friends – losing sleep because I couldn’t find an expert, seeing myself on the evening news in the courtroom, continuously worried about trials ruining vacation plans, finding the smoking gun, and my team giving a client the outcome they hoped for — to be so rewarding.
Landing a job in personal injury can provide respected, stable employment in a well-paying position of longevity. Navigating the career
depends on you. I’ve adhered to a few simple guidelines along the way, both on the plaintiff and defense side. Some of these come from professional rules, common sense and morals, various attorneys I’ve worked for, and some from painful trial and error: don’t do anything illegal, always help co-workers, find a statute or rule, don’t burn bridges, and admit mistakes because almost everything is fixable.
I encourage those just starting out to give a smaller plaintiff’s personal injury firm a try. You can quickly learn more in a small firm because you’ll wear several hats. The experience gained for future positions is invaluable when you understand the importance of every role in the office from the mailroom to the courtroom. There’s a reason I have always had a tremen-
Larger plaintiff’s personal injury firms are where you start to see compartmentalization within tasks. Imagine my surprise when I first found out we had a word processing department and someone else scanned my mail in! You could work in the pre-Suit or the litigation department, but you likely won’t be doing both. These paralegals are extremely busy and, in my experience, helpful. You’ll want to discuss how time off is handled before accepting a position at one of these firms. I will never forget my phone call with a local attorney’s paralegal prior to my second interview, who candidly told me she only had one long weekend off in the several years she worked there. This may not be the case at every firm, but it is a good idea to set those boundaries early and
work hard, and it will take you far. Who wouldn’t want to be one of those paralegals the attorneys are always requesting and relying on? You might even be able to pick others on your team – that’s not always a seniority thing.
Some of the larger plaintiff’s personal injury firms have designated staff for trials, complete with computer programs to help with jury selection and trial presentation. Perhaps this is your calling? With the contributions that Paralegals made to achieve these nuclear verdicts, Paralegal Day should have been a paid holiday that year!
Before switching sides to a defense firm, I viewed such
firms as having deep pockets to crush at trial, small settlement offers, cold adjusters, and little sympathy for medical liens. However, it didn’t take long to understand the defendant’s point of view. Paralegals really do have to investigate these cases thoroughly. How many times have I found prior medical records a plaintiff did not disclose to his or her attorney, and which influenced the outcome of a case that seemed so cut and dry early on?
Working defense, I have found less interruptions in case management, and there is always work to do with little downtime. For
the first time, I was allowed to work all day every day, without interruption. Take your breaks, your lunches, and your PTO to avoid the dreaded burn out.
Transitioning to keeping track of billable work took some time to master. Clients, of course, do not wish to pay for inefficient or non-productive time, and many have case management guidelines that must be followed. Some defense firms have billing requirements that can make it challenging to take time to train others or take time off. It’s not a good day when a paralegal’s work is cut and they have to spend billable time on a non-billable ap-
peal. My current employer understands that administrative work cannot be completely eliminated from the job. I have read some horror stories of offices that do not account for administrative functions that affect billable time. Before deciding where you want to work, do a little online research on the firms you interview with.
Plaintiff or Defense? I hope this article has given you some things to ponder in your job quest, or at least enough information to have empathy for the other side. At the end of the day, we are all human and provide job stability for each other. Without each other, we don’t exist.
Like many in our local community, I was thrilled to see the little league team from Lake Mary win the championship game in August. It was especially gratifying for me because I remember being in the stands in Williamsport, Pennsylvania, back in 1984 when the team from Altamonte Springs (on which my brother played) lost in the final championship game. I remember how hard it was for the players and for their families to accept that the team was going to fall one game short of final victory despite their incredibly hard work all season. The loss was especially hard for shortstop and future major leaguer, Jason Varitek, on the team (far right, in the front row).
Despite the disappointing end to that season 40 years ago, I look back on that time with extreme fondness and pride, even though I didn’t actually play in the game (although there’s a video clip of me jumping up and down in the stands at the Little League Hall of Fame in Williamsport, in case you ever get a chance to visit). While I was reminiscing about the 1984 game, I started thinking about why I still have such fond memories of that time, even though we lost in the final round. I realized it was the sense of camaraderie we had with the other players and their families and the bonding experience we shared
while we were traveling together from place to place and field to field, trying to achieve the shared goal of ultimate victory, even though we fell a little bit short at the end.
Is this sense of bonding and accomplishment something we can teach to our new lawyers? The good news, is “Yes!” We can teach our new lawyers about both winning and losing by taking them to mediations, hearings, and trials, and letting them experience the highs and lows of those events firsthand. It is painfully true that we learn more from our failures than our successes, and we have to give new lawyers to chance to experience both so they
can mature and benefit from the wisdom that comes from experiencing defeat. One of the highlights of the recent Lake Mary victory in the final games was seeing the coaches and players from the Lake Mary comfort the players from the opposing team, many of whom were in tears after the game. If we can demonstrate the same type of sportsmanship in our practice of law, we will be doing a great service to the up-andcoming lawyers who are getting ready to follow in our footsteps. One of the most satisfying aspects of being a partner at my firm is training and mentoring new lawyers, not only the ones right of law school but also the ones who are still in law school and are looking to gain practical experience in real life before they graduate. As lawyers, we often experience the same type of victories and losses as kids in the Little League World series did. When we win a big case, we feel elated and on top of the world. When we lose a big case, we feel an equal amount of devastation. But how can we use that
devastation for the greater good of the profession?
As we gain experience and mature as lawyers, we have an opportunity to teach others about how to handle the highs and lows of the practice of law. On the Professionalism Committee, one of our most experienced and active members, Robert Borr, is working to develop a zoom program for law students at FAMU and Barry Law, twice a semester, that would promote ABA Standard 303(b) (c) 3), otherwise known as “the Formation of a Lawyer’s Professional Identity.” This is further explained as an opportunity for law students to develop values, guiding principles, and well-being practices. By
helping to implement this rule at the local level, Robert is ensuring the Professionalism Committee becomes an integral part of the program, which is just as it should be.
By helping to teach our local law students about the values, guiding principles and well-being practices of the profession, we can better prepare them for the day-to-day realities of being a lawyer, which often involves an equal mix of success and failure. Helping them to learn from their failures, and not be defeated by them, and to be able to look back with fond memories of events that were extremely disappointing and even devastating to them at the time they occurred, is an
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.
honorable way to use our knowledge and experience to teach the next generation of lawyers.
Letting our new lawyers fail while they are new teaches them to recognize the difference between “a monumental failure and a momentary failure.” As one author noted, “the perfect time to experience failure is when you’re young because you have nothing to prove and everything to improve.” So let’s teach our new lawyers that it‘s okay fo fail, and to assist them in seeing the value in such failures, while also celebrating their victories and helping them to gain confidence in
their legal knowledge and skill. If we can achieve this goal as lawyers, we benefit and honor the profession and contribute to the development of new lawyers’ professional identity. In the end, it might be just as good as winning the Little League World Series, or at least come close to it. At the very least, it will give us something to look back on with fondness when we are old and gray and reflecting on our lives as lawyers. Let us hope we feel just as good about the losses as we do about the victories, and we happily reminisce about the times we spent learning the lessons of both.
Jonathan H. Neyer, Esq., GAL Program Staff Attorney, OCBA Member since 2014
For more information on GAL advocacy contact: Jonathan H. Neyer, Esq., Legal Aid Society of the Orange County Bar Association, Inc., Guardian ad Litem Program Staff Attorney, jneyer@legalaidocba.org or (407) 841-8310. For more information on how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Manager of Development, dhaynes@legalaidocba.org or by calling (407) 515-1850.
Adverse childhood experiences, or ACEs, are potentially traumatic events that occur in childhood.1 Children in the dependency system have suffered many of these, such as emotional, physical, or sexual abuse, neglect, abandonment, witnessing domestic violence, substance abuse, or serious mental illness of a household member. ACEs can have lasting effects on health and well-being in childhood and life opportunities.2 As best interests advocates, Guardians ad Litem are the voice of the child and improve outcomes by ensuring support services are in place.
of services may encompass the need for further psychiatric evaluations, therapeutic interventions, follow-up medical care, and education services such as tutoring. The information contained in the assessments and further recommended services are excellent sources of investigation and starting points for best interest advocacy as GALs.
1. Vital signs: Estimated proportion of adult health problems attributable to adverse childhood experiences and implications for prevention - 25 states, 2015–2017 (2023) Centers for Disease Control and Prevention. Available at: https://www.cdc.gov/mmwr/ volumes/68/wr/mm6844e1. htm?s_cid=mm6844e1_w (Accessed: 30 July 2024).
2. Id.
3. §39.001(1)(i) Fla. Stat. (2024).
4. §39.5085(2)(a) Fla. Stat. (2024).
5. §39.5086(1)(c) Fla. Stat. (2024).
6. Fla. Admin. Code. R. 65C28.014(1)(a) (2024).
7. Id.
8. §39.604(2) Fla. Stat. (2024).
9. §39.0016(2)(b)(1)(a) Fla. Stat. (2024).
10.§39.4091(1)(c) Fla. Stat. (2024).
11.§39.4091(3)(b) Fla. Stat. (2024).
12.§39.6036(2) Fla. Stat. (2024).
13.§39.701(4)(e)(2) Fla. Stat. (2024).
The first step in the support of dependent youth is through placement. In all cases in which a child must be removed from parental custody, the child is placed in an approved relative’s home, licensed foster home, adoptive home, or independent living program that provides the most stable and potentially permanent living arrangement for the child.3 Various mechanisms are in place to help meet the challenges of receiving a child (or children) into the home. The Relative Caregiver Program offers financial assistance to caregivers who would be unable to serve in that capacity without the caregiver payment because of financial burden.4 This program also
includes financial support for non-relatives. Further assistance for caregivers is also available through the Kinship Navigator Program designed to ensure that caregivers are provided with necessary resources for the preservation of the family.5 Caregivers may also choose to obtain Level 1 foster home licensure, which provides additional financial support.
Mental and physical health support is also critical. A child shall be referred for a Comprehensive Behavioral Health Assessment (CBHA) when a child is in shelter status.6 The CBHA is an in-depth look at the child’s health needs, which is intended to guide case planning services provision for youth.7 Examples
Services for educational support are vital to development for abused, abandoned, and neglected children. It is the intent of the Legislature that children who are currently in the care of the state be provided with an age-appropriate education program to help ameliorate the negative consequences of abuse, neglect, or abandonment.8 The Department of Children and Families shall ensure children known to the department are enrolled in school or in the best educational setting that meets the needs of the child, continuing enrollment of a child at the school of origin when possible, with the goal of minimal disruption of education.9 GALs may review
education records, speak with school personnel, and attend meetings with case management agencies. Advocacy for stability, services such as tutoring or afterschool programs, or even recommending further in-depth evaluations for accommodations through an Individualized Education Plan are key to setting a child up for current and future success.
Developing positive relationships through the community is another meaningful support for children. The Legislature finds that participation in extracurricular activities is important to the child’s well-being, not only emotionally, but in developing valuable life-coping skills.10 In-school, out-ofschool, church group trips, club activities, or even an overnight stay with family or friends are all enriching for children. The caregiver shall use a reasonable and prudent parent standard in determining whether to give permission.11 Effective as of July 1, 2024,
the Statewide Guardian ad Litem Office shall work with a child who is transitioning out of foster care to identify at least one supportive adult with whom the child can enter into a formal agreement for an ongoing relationship and document such agreement in the child’s court file.12 At the judicial review hearing for young adults in foster care, the court shall also inquire of the young adult regarding his or her relationship with the supportive adult.13
Implementing services for children who have been abused, abandoned, or neglected is crucial to both short- and long-term success. Wrap-around support helps these children overcome the significant trauma they have endured in their young lives. GALs, as best interests advocates, can ensure this support is in place and improve outcomes for those most vulnerable in our community.
ATTORNEY
Joffrey Asher
Stephanie Bohigas
Madeline Chmelir
Victoria Natalie
Clark-Grassano
Laura Douglas
Marissa Kate Elordi
Sara K. Finnigan
Malia-Lyn
Fushikoshi
Bradley T. Guldalian
Michelle Incandela
Christopher Jablonski
Riley Kendall
Carolyn Liu
Kayla Shay Manning
Scott Marshall
Joshua Maus
Jamie McGowan Brown
Ryan McNeill
David joseph
Migneault
Daniel K. Miles
Bianca Perito
Marcus Phelps
Alexander Plumage
Katherine Ranero
Kenneth L. Ritterbusch
Yanira Rivera
Collazo
Michaels Deborah Saint-Vil
Savanna Samson
Lyneda Shorter
Luis Santos
Patrick Sloan
Richard W. Smith
Danielle Nicole Waters
Will Weber
Bridgette Williams
AFFILIATE
Bianca Bolanos
Marelize Dingman
Zaida Yaritza
Grajales
Melody A. Hoover
Elyse Salley
Lynn Smith
Rosaura Vera
LAW STUDENT
Kevin Clancy
Justyn Devon Cox
Jacquelyn S. Denton
Jacquelyn
DiFrancesco
Khadidja Diouf
Sondos Elbershawi
Paola M. Fuentes
Vargas
Cynthia Rose
Germain
Veronica Laine
Lemieux
Zain Lodhi
Camille Lodugnon
Murray Logan
Beatriz Longoria
Perez
Nestor Mercado
Polina Mustazza
Andrew Nokhodchi
Janessa Siegel
PARALEGAL STUDENT
Alexandra Kimerli
Have you heard that the 17th Annual Breakfast of Champions fund raising event will be held in-person for the first time in four years? It’s true! Since 2020, the Legal Aid Society of the Orange County Bar Association (LAS) has conducted its most important gathering of community leaders in a virtual space, and now, it is back to an in-person format by popular demand.
On Thursday, November 14th at The Plaza Live Orlando, you are invited to the 2024 Breakfast of Champions event to hear about the impactful work of LAS firsthand and join our community in a celebration of the high-quality legal services delivered to disadvantaged residents of Orange County this past year. In an era when physical and financial insecurity is a reality for so many, this gathering of government officials, community partners, business owners,
attorneys, judges, and former clients has a profound influence on our community. It is more than just a fundraiser; it is a crucial means of ensuring access to legal remedies and justice for all, regardless of income.
As a Florida not-forprofit organization, LAS is dedicated to protecting the rights of individuals who are often marginalized in civil legal matters, such as housing, family, and consumer law, primarily within Orange Coun-
ty. Additionally, LAS works tirelessly to protect children from severe abuse and abandonment, helping them find safe and permanent homes.
These services are foundational in strengthening our community and preventing broader issues, such as homelessness and violence, which can have costly and damaging effects on society. The work LAS performs is empowering, providing clients with the confidence to face legal challenges while also inspiring the attorneys, staff, and volunteers who advocate daily for underserved individuals. LAS’s efforts ensure access to essential services and resources that contribute to our survival as humans, including shelter, food, and, in some cases, proper healthcare. To continue offering these critical services, generous financial support from the community—through donations and volunteerism—is essential.
On behalf of the LAS Board of Trustees, we hope to see you at the Breakfast of Champions!
Meet our current president of the LAS Board of Trustees Rafael Rodriguez. Rafael is a witty and talented attorney who loves his Florida Gators. If you encounter our esteemed colleague out in public, you are more than likely to find him wearing some combination of orange and blue. (As a proud alumna of Florida State University, I cannot imagine how this is not harmful to his health, but I digress.)
This year, Rafael has issued a challenge to support our LAS fundraising efforts. When you make a Breakfast of Champions
donation, you will have the opportunity to designate an educational university. The educational university that raises the most funds will win the “collegiate colors challenge,” and Rafael will don the winning institution’s attire. Please join me, donate, and take part in this little bit of good fun!
Then at the Breakfast of Champions, you’ll find Rafael wearing the winning collegiate colors at The Plaza Live on November 14th when the doors open at 7�00 a.m. for networking. If you miss him, don’t worry, you will get a
chance to see him when the program that begins promptly at 8�00 a.m. and will conclude at 9�00 a.m.
Don’t wait! Tickets are selling quickly, so secure your seat or consider becoming a sponsor. Sponsors receive complimentary tickets
and additional benefits this year! To purchase tickets and to learn about becoming a sponsor, please check out www.legalaidocba.org/ boc24 or contact Donna Haynes at dhaynes@ legalaidocba.org. And as always, go ‘Noles!
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Upchurch Watson White & Max MEDIATION GROUP
Larry M. Roth
lroth@uww-adr.com proudly announces Larry M. Roth has joined its distinguished panel.
» 42 years of litigation experience representing both plaintiffs and defendants. Certified Circuit Civil Mediator since 2005.
» Admitted to U.S. District Courts for Middle, Southern and Northern District of Florida, and Pro Hac Vice admissions in 26 states and territories.
» Background in commercial litigation and experience in products liability, personal injury, malpractice, professional negligence, pharmaceuticals, premises liability and trucking cases.
Henry W. (Skip) Jewett II will join our distinguished panel on January 1, 2025
Orange County Bar Association Member, Henry W. (Skip) Jewett II, is a Florida Supreme Court Certi f ied Circuit Civil Mediator, a member of the American Board of Trial Advocates (ABOTA), and is rated AV Preeminent by MartindaleHubbell. Skip will use his decades of success as a civil trial lawyer to help parties resolve disputes effectively.
linkedin.com/company/upchurch-watson-white-&-max
Skip will be available to mediate and arbitrate. His 2025 calendar is available now at:
888.741.2224 Solving the world’s problems…one case at a time is proud to announce
WHO’S WHO
1 YLS Board members during the August Luncheon.
2 YLS members volunteering YLS’s Book Fair event part 2, for Washington shore’s Annual Back to School Community Kick off Event.
3 YLS and CFAWL Backpack Project Happy Hour
Ritcy Canelon, Esq., is an associate attorney of Tangel-Rodriguez & Associates, in child support enforcement matters. She has been a member of OCBA since 2021.
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@OCBAYLS #TogetherWeGoFar
Welcome to the Young Lawyers Four Corners: October Edition! Spooky season (“spoopy” for those who celebrate) is upon us. YLS’s summer has been one for the books, so let’s take a stroll down YLS memory lane for August and September:
Friday, August 9, 2024 kicked off a double feature, starting with the August Luncheon at noon. Tara Tedrow, a respected figure in industry regulation, discussed the recreational marijuana initiative up for vote later this year. It was a wonderful opportunity for attendees to learn more about the initiative and its potential impact and get a sense of what potential impacts of the initiative may be.
Later that day, YLS hosted the Sunset Social Happy Hour at Eola Lounge. Participants enjoyed a relaxing evening in community with each other. It was a wonderful way to unwind and meet new faces in a laid-back environment dedicated to the comfort of those present.
YLS teamed up with CFAWL once more for the Backpack Project: Backpack Stuffing. Thanks to the funds raised during the Backpack Project Happy Hour, held on July 25, 2024, YLS was able to obtainbackpacks and school supplies for students and teachers at Rock Lake and Washington Shores Elementary Schools. Thereafter, on August 13, 2024, members of both YLS and CFAWL volunteered their time and joy to filling the backpacks purchased with all the essentials students need.
Then on September 13, 2024, YLS held its September Luncheon with speaker Roger Handberg. Mr. Handberg, who currently serves as the United States Attorney for the Middle District of Florida, has over 20 years of federal prosecution experience, ranging from public corruption, white collar crimes, drugs, and other federal crimes. Attendees were able to appreciate the knowledge and experience shared by Mr. Handberg.
OCTOBER 5, 2024 / Annual Gator Bus Trip: If you haven’t already, save October 5 for our annual Gator Bus Trip. This year, for our trip up to Gainesville for the Florida Gators game against our local UCF Knights. It promises to be an exciting match you won’t want to miss!
OCTOBER 10, 2024 / Halloween Party at Salvation Army: Get your
monster mashing shoes ready and join the party! If you like candy, costumes, games, volunteering and fun, this event is for you. YLS is providing Halloween costumes to children, while hosting a ton of other fun activities for all those present.
NOVEMBER 15, 2024 / Annual Golf Tournament: Enjoy a day of golf, sun, and raising funds for the
Annual Golf Tournament. Details on the location and registration will be provided closer to the date.
STAY INFORMED:
To ensure you’re always up-to-date with YLS activities, please sign up for our weekly email blasts. Visit our website and click “Sign Up for YLS Emails.”
Firms with two or more attorneys who are all members can belong! If your firm is eligible, call the Membership Department (407-422-4551 x225)
20+ MEMBERS
Rumberger, Kirk & Caldwell
Shutts & Bowen
Wicker, Smith, O’Hara, et al.
Winderweedle, Haines, et al.
10-19 MEMBERS
Colling Gilbert Wright
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
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
The Paul C. Perkins Bar Association
AUGUST 15, 2024 / the Paul C. Perkins Bar Association (PCPBA) hosted its Annual Welcome Reception at Proper Orlando. Not only was this a fun networking event for new and renewing members alike but also a great opportunity to collect school supplies for local students.
SEPTEMBER 4, 2024 / the PCPBA hosted a general body meeting at the Orange County Bar Association.
AUGUST 2, 2024 / the Central Florida Association for Women Lawyers (CFAWL) hosted its first luncheon of the new year at the Citrus Club. The luncheon featured Valentino Dixon, a self taught artist, who spent 27 years in prison after being wrongfully convicted in 1991.
AUGUST 7, 2024 / the Greater Orlando Asian American Bar Association (GOAABA) along with the Asian American Pacific Islanders Coming Together (ACT) hosted a candidate form for the Orange County Supervisor of Elections.
AUGUST 28, 2024 / the Hispanic Bar Association of Central Florida hosted a CLE presentation titled “Ethical and Effective Social Media Marketing for Legal Professionals.”
4
1 & 2 PCPBA executive board and committee chair retreat at Andretti Indoor Karting and Games
3 & 4 GOAABA members who celebrated karaoke at Kaya.
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.
