The Orange County Bar Association - The Briefs - October 2024

PROTECT OUR ARTS

Hon. Robert Egan describes the importance of keeping art in schools

LITTLE LEAGUE LESSONS

Christine Wasula on what we can learn from the Little League World Series

A PUBLICATION OF

The legal lowdown on the Pregnant Workers Fairness Act

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Contents 12 I

EDUCATION AT WORK

Why In-House Legal Departments Should Ensure Company Leaders Learn About the Pregnant Workers Fairness Act

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE Mentorship: Guiding, Supporting, Growing Arti Ajit Hirani, Esq.

08 I CLERK’S CORNER

Raising Awareness About Jury Duty & Payment Scams

The Honorable Tiffany Moore Russell, Esq.

10 I CHIEF’S COLUMN

The Ninth Circuit Supports Public Schools and the Arts The Honorable Robert J. Egan

OCBA OUT & ABOUT

20 I TEACHING TIPS

The Personal Injury Paralegal Kathleen “Katie” Kimball, Esq.

FROM THE COMMITTEES

22 I PROFESSIONALISM COMMITTEE Lessons from the Little League World Series Christine Wasula, Esq.

SIDEBAR: NEWS / EVENTS / UPDATES

32 I YOUNG LAWYERS SECTION Ritcy Canelon, Esq.

34 I VOLUNTARY BAR Alena V. Baker, Esq.

LEGAL AID SOCIETY

26 I GUARDIAN AD LITEM Guardian Ad Litem Tools Jonathan H. Neyer, Esq.

28 I WHAT WE DO

Like the Spurrier vs.

Bowden Rivalry?

Ani Rodriguez-Newbern Esq. and Rafael Rodriguez Esq.

ADVERTISING DEADLINES

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

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

the Briefs OCTOBER 2024 VOL.92 NO.8

Editor Kate T. Hollis 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 Kate T. Hollis John M. Hunt Bruce Mount Jessica P. McGinnis Alisia Adamson Profit Rafael O. Rodriguez C. Andrew Roy Brandon M. Sapp C. Todd Smith Jennifer Smith Thomas Jessica A. Travis Executive Director Candice Disorbo

SAVE THE DATE!

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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.

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PRESIDENT’S MESSAGE

MENTORSHIP: GUIDING, SUPPORTING, GROWING 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.

Being open to learning is one of the kindest things you can do for yourself or for others.

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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.

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,

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we were comfortable trying new (and risky) adventures.

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.

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CLERK’S CORNER

RAISING AWARENESS ABOUT JURY DUTY & PAYMENT SCAMS The Honorable Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

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 next time,

Tiffany Moore Russell Orange County Clerk of Courts

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CHIEF’S COLUMN

THE NINTH CIRCUIT SUPPORTS PUBLIC SCHOOLS AND THE ARTS 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-

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.

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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-

Group Photo with Judge Egan and Orange County Mayor Jerry Demings

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.

orangecountybar.org

Numerous studies have demonstrated how robust arts curricula benefit students in grades K-12.

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Why in-house legal departments should ensure company leaders learn about the pregnant workers fairness act AUTHOR JILL DAVIS, ESQ.

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EDUCATI AT WORK

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he 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 & EXPANSIVE EEOC FINAL REGULATION

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.

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

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.

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IN-HOUSE COUNSEL AND GENERAL COUNSEL COMMITTEE is expansive at 125 pages and provides a great deal of interpretive guidance regarding the PWFA.

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.

tion can be reasonably accommodated. Under the final regulation, “in the near future” is defined as “generally 40 weeks.” This SIGNIFICANT represents a significant departure from the ADA, DEPARTURES FROM which requires individuPRIOR ACCOMMODATION als with disabilities to be FRAMEWORK Broad list of covered able to perform essential conditions and no rejob functions with or withquirement to meet defiout reasonable accommonition of “disability”: The dations in order to be proPWFA specifically states tected by the ADA. The that covered conditions do ADA has never required not need to meet the defi- “Temporary” eliminaan employer to excuse the tion of essential job func- performance of essential nition of disability spections: Under the PWFA, an job functions, and an indiified in section 3 of the employee is qualified for vidual who could not perADA, and the final reguprotection if the employform essential job funclation states that covered ee can perform the essentions would be disqualified conditions may be “modest, minor, and/or episod- tial functions of a job with from ADA protection. or without reasonable acic.” In the final regulation, commodations, except that Simplification of interthe EEOC listed examples of conditions that are, an employee shall be con- active process: While the sidered qualified if any in- PWFA still contemplates or may be, “related medability to perform an esan “interactive process” ical conditions,” stating sential function is for a (like the ADA requires), the that the list was non-ex“temporary period,” the es- EEOC directs that the inhaustive: termination of sential function can be teractive process under pregnancy, including via performed “in the near fumiscarriage, stillbirth, or abortion; cesarean or per- ture,” and the inability to perform the essential funcineal 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;

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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:

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IN-HOUSE COUNSEL AND GENERAL COUNSEL COMMITTEE 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-

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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

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leave, whether paid or unpaid, if there is a reasonable accommodation that will allow the employee to continue to work, absent undue hardship.

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 comWHY COMPANY LEADERS pany will have violated the MUST LEARN ABOUT THE PWFA, even if the accomPWFA modation is granted.

Company leaders’ strict Similarly, a leader engagcompliance with compaing in an interactive prony policies and processes related to accommodation cess with a pregnant employee could violate the requests that pre-dated the PWFA will likely result PWFA even if the leader’s actions are entirely conin a violation of the new law, despite the best inten- sistent with the interactive process previously foltions of the leaders.

For example, many com- lowed under the ADA. First, the leader cannot simply panies have policies restop engaging in the interquiring employees to provide medical documen- active process if the employee cannot perform all tation to support any reessential job functions. The quests for reasonable acPWFA will require the leadcommodations. Such policies are generally com- er to consider whether the pliant with the FMLA and the ADA. But if a pregnant employee informs

IN-HOUSE COUNSEL AND GENERAL COUNSEL COMMITTEE

Jill Davis, Esq.,

is the Chair of the In-House Counsel and General Counsel Committee and is Managing Counsel for Orlando Health.

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 PWFA, a leave of absence can only be considered as a last resort.

Following the typical ADA process for accommo-

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 PWFA. This is a departure from the ADA framework, which specifically obligates employers to engage in the interactive process.

HP AD

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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.

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TEACHING TIPS: PARALEGAL SECTION

THE PERSONAL INJURY PARALEGAL Plaintiff or Defense?

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.

I encourage those just starting out to give a smaller plaintiff ’s personal injury firm a try.

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wenty-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.

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

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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-

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.

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.

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PROFESSIONALISM COMMITTEE

LESSONS FROM THE LITTLE LEAGUE WORLD SERIES Christine Wasula, Esq., is a partner at Cole, Scott & Kissane, PA, and has been a member of the OCBA since 1998.

L

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

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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 while we were traveling to- service to the up-andgether from place to place coming lawyers who are getting ready to follow in and field to field, trying to achieve the shared goal our footsteps. One of the most satisfying aspects of of ultimate victory, even being a partner at my firm though we fell a little bit is training and mentoring short at the end. new lawyers, not only the Is this sense of bondones right of law school ing and accomplishment but also the ones who are something we can teach still in law school and are to our new lawyers? The looking to gain practical good news, is “Yes!” We experience in real life becan teach our new lawfore they graduate. yers about both winning As lawyers, we often exand losing by taking them perience the same type to mediations, hearings, and trials, and letting them of victories and losses as kids in the Little League experience the highs and World series did. When lows of those events firstwe win a big case, we feel hand. It is painfully true elated and on top of the that we learn more from world. When we lose a our failures than our successes, and we have to give big case, we feel an equal amount of devastation. new lawyers to chance to But how can we use that experience both so they

ike 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).

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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

Little League World Series

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

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.

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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.

orangecountybar.org

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I 23

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orangecountybar.org

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LEGAL AID SOCIETY: GUARDIAN AD LITEM

GUARDIAN AD LITEM TOOLS Guardian ad Litem Tools to Ensure Support for Abused, Abandoned, and Neglected Children

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.

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).

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A

dverse 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.

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

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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

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. 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.

New Members 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

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LEGAL AID SOCIETY: WHAT WE DO

LIKE THE SPURRIER VS. BOWDEN RIVALRY? Then You’ll Love Breakfast of Champions.

Ani RodriguezNewbern, Esq.,

LAS Board Member, has been a member of the OCBA since 2013.

H

Rafael Rodriguez, Esq.,

LAS Board President, has been a member of the OCBA since 2010.

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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 attorneys, judges, and for- for underserved individmer clients has a profound uals. LAS’s efforts ensure access to essential services influence on our commuand resources that connity. It is more than just a tribute to our survival as fundraiser; it is a crucial humans, including shelter, means of ensuring access food, and, in some cases, to legal remedies and jusproper healthcare. To contice for all, regardless of tinue offering these critical income. services, generous finanAs a Florida not-forcial support from the comprofit organization, LAS munity—through donais dedicated to protecttions and volunteerism—is ing the rights of individuessential. als who are often marginOn behalf of the LAS alized in civil legal matters, Board of Trustees, we hope such as housing, family, and consumer law, primar- to see you at the Breakfast of Champions! ily within Orange Coun-

ave 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,

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LEGAL AID SOCIETY: WHAT WE DO 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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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 Certified 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.

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1

SIDEBAR

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

YLS on the Move

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.

FOLLOW US!

@OCBAYLS #TogetherWeGoFar

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I OCTOBER 2024

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:

AUGUST

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.

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.

2 SEPTEMBER

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.

2-9 MEMBERS

UPCOMING YLS EVENTS 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

10-19 MEMBERS

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

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.”

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

3 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

1

3

OTHER VOLUNTARY BAR EVENTS 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.

VOLUNTARY BAR

Annual Welcome Reception The Paul C. Perkins Bar Association

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

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.

General Body Meeting

SEPTEMBER 4, 2024 / the PCPBA hosted a general body meeting at the

Orange County Bar Association.

2

WHO’S WHO 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.

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I OCTOBER 2024

880 North Orange Ave. Orlando, FL 32801

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