WELL-BEING IN LAW
Christine Wasula on how personal health impacts professionalism
AWARDS REMARKS
Hon. Margaret Schreiber on the three tenants of professionalism
LAW WEEK RECAP
See the highlights from this year’s Law Week festivities
TEAM SPIRIT
R E C O V E R E D
M O R E T H A N
$ 1 6 0 M I L L I O N I N T H E L A S T
F I V E Y E A R S
F O R O U R
C L I E N T S
the Contents
Alena
ADVERTISING DEADLINES
Magazine: 10th of month prior to publication
eEdition: 20th of month prior to distribution
Copy: Six weeks prior to publication If
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
JUNE 2025 VOL.93 NO.5
Editor Kate T. Hollis
Associate Editors
Christine Wasula Tina Leger
Columnists
Alena V. Baker
Sean Mendez-Caitlin
Officers
Keshara Cowans, President
Lisa Gong Guerrero, President-Elect
Michael Barber, Treasurer
Brandon Sapp, Secretary Cooper Powell, YLS President
Executive Council
Stephanie Alcalde Onchantho Am Jill Davis
Kate T. Hollis
John M. Hunt
Bruce Mount
Conti Moore
Alisia Profit
Rafael O. Rodriguez
C Andrew Roy
C. Todd Smith
Jennifer Thomas
Executive Director
Candice Disorbo
Advertising & Sponsorship
Manager Ursla Gallagher
Marketing & Communications Manager Reatha Cruz-Johnson
Design Em Agency, emagency.com
THE STATE OF THE NINTH CIRCUIT
Thursday, July 17, 11�30am–1pm at Marriott Orlando Downtown 400 W Livingston St, Orlando, FL 32801
A Historic Conversation with the 9th Circuit’s Influential Women in Leadership. Join us for an historic conversation, at our NEW location, spotlighting the influential women leading the Ninth Judicial Circuit. Hear from State Attorney Monique Worrell, Public Defender Melissa Vickers, and Clerk Russell as they share insights on leadership, justice, and the future of our courts.
RSVP by Monday, July 14, 2025
Ashley Velez ashleyv@ocbanet.org | orangecountybar.org/store RSVPs and cancellations will not be accepted after July 14, 2025.
TITLE SPONSOR
OCBA JULY LUNCHEON MORE EVENTS orangecountybar.org/calendar
Keshara D. Cowans, Esq., serves as a Staff Attorney, EEO and Equity Officer, and District Title IX Coordinator in the Office of Legal Services for Orange County Public Schools (“OCPS”), the fourth-largest school district in Florida and the eighth-largest in the nation. Ms. Cowans has practiced law for over 17 years. Her primary practice areas include labor and employment, employment discrimination, and Title IX compliance. She also serves as the legal advisor for the OCPS District Police Department.
CLEAR EYES, FULL HEARTS, CAN’T LOSE
Legacy Through Leadership.
If you’re a fan of Friday Night Lights, you already know this phrase—it’s more than a rallying cry from a beloved TV series. It’s a mindset. One that resonates far beyond the football field. As I begin my term as president of the Orange County Bar Association, these six words have been echoing in my mind—not just as a former cheerleader, flag football player, runner or a sports enthusiast, but as someone who’s spent almost eighteen years in the legal profession, where clarity, heart, and resilience matter just as much as they do on game day.
CLEAR EYES.
Clarity is everything. In sports, it means keeping your eye on the ball. In our profession, it means keeping focus amidst constant change—new laws, evolving technology, shifting societal needs. Being clear-eyed requires us to stay grounded in our purpose while adapting with integrity. We must see the challenges for what they are and remain honest with ourselves about how we can meet them. That means making space to listen, to learn and to lead with intention—whether we’re in the courtroom, mentoring a young lawyer or serving our broader community.
FULL HEARTS.
There’s a reason we call it the “practice” of law—it’s as much about people as it is about statutes and procedures. A full heart reminds us why we do what we do. Our work can be intense, even consuming. But when we root ourselves in compassion, connection and shared purpose, the experience becomes richer—and more human. This year,
let’s lead with generosity: of time, of spirit, and of presence. Let’s uplift one another, mentor generously and show up fully—not just for our clients, but for each other.
CAN’T LOSE.
Winning in this context isn’t about scoreboards. It’s about legacy. When we combine clear vision with full-hearted commitment, we create something enduring—a community of lawyers who are not just excellent at what we do, but deeply invested in how and why we do it. That’s the kind of success that lasts. And that’s the kind of bar association I’m honored to lead this year.
I’m proud to be on this team with you. Let’s move forward with clear eyes, full hearts—and the kind of purpose that truly can’t lose.
Let’s get to work. Together.
(OPPOSITE PAGE): Set against the powerful backdrop of the Hannibal Square mural, this cover honors a legacy of civic courage and pays homage to a proud Black community that shaped Winter Park’s founding story.
EXCITING EXPANSION
Self Help Services Now Available in Winter Park
I’m thrilled to share that I have been able to expand Self Help services to our new courthouse location in Winter Park. This is the second site where individuals who are representing themselves in court can now receive affordable legal assistance. This expansion is an important milestone in my ongoing commitment to improving access to justice for all residents in our community.
I was honored to introduce the first Self Help Center for Orange County in 2015 at the main Courthouse in downtown Orlando, and seeing how much it helped those in need, inspired me to expand the program. Many people in our community cannot afford the high cost of hiring an attorney, and I saw firsthand the struggles of those seeking legal guidance without the means to pay. That’s why these services are so close to my heart.
AFFORDABLE LEGAL HELP FOR EVERYONE
Just like the original Self Help Center, the Self Help services at the new Winter Park location will provide affordable attorney consultations for just $1 per minute. These consultations can be scheduled in 15-minute increments, with a maximum of one hour per person per day. I’m proud that these affordable rates are available to everyone, regardless of their financial situation, and that we’re helping people who might otherwise have no way to navigate the legal system.
This expansion wouldn’t have been possible without the wonderful partnership we’ve developed with the Orange County Bar Association. Thanks to their support, we’re able to offer these essential services at both the downtown Orlando courthouse and our new Winter Park location. All attorneys who assist in these consultations are volunteers from the OCBA and the Legal Aid Society,
and while they can provide legal guidance and answer questions, they cannot represent individuals in court.
THE SERVICES WE OFFER
At both locations, we assist with specific case types, which include:
• Family Law (excluding restraining orders)
- Child Custody
- Divorce
- Paternity
• Small Claims (cases involving $8�000 or less)
• Residential Evictions
These are some of the most common legal matters that people face, and we’re here to provide the support they need to better understand their options and next steps. I know how overwhelming legal matters can be, especially for those without legal representation, and our Self Help services are designed to provide clarity, guidance, and an affordable option for navigating these important issues.
CONVENIENT IN-PERSON AND VIRTUAL CONSULTATIONS
I understand that life can be busy, and many people have challenges attending in-person consultations. That’s why we’re offering both in-person and virtual consultations to make it as convenient as possible for you to access the help you need. In Winter Park, in-person consultations are available on Thursdays, while at the downtown courthouse, we’re offering consultations on Tuesdays. For those who prefer to meet virtually, we offer remote consultations on Mondays, Wednesdays, and Fridays.
In addition to the attorney consultations, our Self Help services also include assistance
The Honorable Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.
KIMBERLY SANDS • FIRM PRINCIPAL • MEDIATOR
Kimberly makes sure parties see the complete picture while they work toward resolving their dispute. Whenever they feel painted into a corner, she is there to help them find a creative and constructive way out.
You can trust a mediator who gives her complete attention to all the details. Learn more about Kimberly and the entire mediation team by visiting our website at UWW-ADR.com or calling 800.863.1462.
with completing legal forms, as well as notary and copy services. Many people struggle with filling out legal forms correctly, and we’re here to help ensure that your documents are properly completed, saving you time and potential frustration.
A CONTINUED COMMITMENT TO ACCESS TO JUSTICE
This expansion is just the beginning. As Clerk of Courts, I remain dedicated to improving access to justice for every citizen in Orange County. With the help of the OCBA and the wonderful team here at my office, I’m confident we’ll continue to find new ways to make the legal system more accessible and affordable for everyone.
If you or someone you know needs assistance with family law, small claims, or residential eviction matters, I encourage you to take advantage of these services. We’re here
to help guide you through the legal process and provide the support you need to move forward with confidence.
Again, thank you to the Orange County Bar Association for their unwavering support in making these services possible, and to everyone who continues to help us in our mission to improve access to justice in Orange County.
For more details and to schedule a consultation, visit www.myorangeclerk.com. Let’s work together to ensure justice is available to all.
Warm regards,
Tiffany
Moore Russell Orange County Clerk of Courts
• Medicare/Medicaid Audit Defense
• DOH/AHCA Investigations
• Medicare/Medicaid Fraud Defense
• Professional Licensing
• Medical Board Cases
• Legal Opinion Letters
• National Practitioner Data Bank
• Hospital Credentials Hearings
• Contract Litigation
• Partnership Dissolutions
• Covenants to Not Compete
• Commercial Litigation
• Physician Contracts
• Medicaid Appeal Hearings
• Disciplinary Proceedings
• Substance Abuse (PRN/IPN)
• Appellate Practice
• Medical Malpractice Defense
• Insurance Company Audit Defense
• Residency Program Disputes
• Administrative Hearings
• Nursing Board Cases
• Sales/Purchase of Medical Practice
• Peer Review Defense
• Risk Management Investigation
• Due Diligence Investigations
• Shareholder Disputes
• Complex Litigation
• Medical Staff Bylaws
Amanda I. Forbes, J.D.
Castillana F. Duvernay, J.D.
HEALTH AND PROFESSIONALISM IN LAW
Why well-being matters in legal practice.
The legal profession is known for its high standards, intellectual rigor, and dedication to justice. However, it is also notorious for demanding hours, intense pressure, and a culture that often prioritizes productivity over well-being. In recent years, the conversation around health—both mental and physical—has gained traction in the legal world, as more practitioners and institutions recognize the vital link between health and professionalism.
THE DEMANDS OF LEGAL WORK
Legal professionals often face long hours, highstakes cases, client pressure, and a culture of perfectionism. These factors can lead to chronic stress, burnout, depression, anxiety, and even substance abuse. According to studies by the American Bar Association and other professional bodies, lawyers experience mental health issues at rates higher than many other professions.
HEALTH AS A COMPONENT OF PROFESSIONALISM
Traditionally, professionalism in law has been viewed through the lens of ethics, competence, and con-
• Confidential mental health support
• Wellness programs
• Policies that encourage work-life balance
• Education on managing stress and preventing burnout
These initiatives not only support individual lawyers but also protect clients and enhance the overall integrity of the legal system.
BUILDING A HEALTHIER LEGAL CULTURE
duct. But modern definitions increasingly include the ability to maintain personal well-being. Why? Because an unwell lawyer cannot consistently meet ethical obligations, remain competent, or serve clients effectively.
A lawyer’s duty of care— to clients, courts, and colleagues—requires sound judgment, clear thinking, and emotional resilience. These are all compromised when health is neglected.
INSTITUTIONAL RESPONSIBILITY
Law firms, bar associations, and law schools are beginning to address this issue. Many now provide resources such as:
Improving health in law isn’t just about individual choices — it requires a cultural shift. Normalizing conversations about mental health, reducing stigma, promoting supportive environments, and rethinking billable hour expectations are steps toward a healthier profession. Professionalism in law must evolve to reflect the reality that lawyer well-being is essential to competent and ethical legal practice.
A HEALTHY EXAMPLE
One of our student members of the Professionalism Committee, Alexander Saul, is a shining example of a future lawyer who is taking a healthy approach to balancing the demands of the practice with his physical and mental health. Although Alex has worked multiple jobs while in law school at Barry University School of Law, he has also made time for his family,
Christine Wasula, Esq., is a partner at Cole, Scott & Kissane PA. She has been a member of the OCBA since 1998.
including an 18-month-old, and time to participate in the Florida Ironman competition, which of course is physically demanding but also is rewarding and a needed respite from the mental demands of law school. These activities and priorities have helped Alex to balance the stress of law school and with the importance of physical and mental health, and he has a bright future as a result (including a summer clerkship at our firm!).
ONE FINAL NOTE
On a personal note, I recently received an unex-
pected medical diagnosis — a 4+ cm brain tumor called a petroclival meningioma — that requires serious treatment, including two surgeries and radiation, and a medical leave of absence from three to six months.
Since receiving the diagnosis, I have been overwhelmed with support from my friends, family, colleagues, and law firm, and the diagnosis did not cause me to rethink the way I had been living my life but rather made me grateful I had always made work-life balance a priority. Also, because I always made it a goal in my
professional career to assist others and treat others with kindness and respect, my friends and colleagues around me were more than willing to return the favor. The experience has confirmed that one’s treatment of others as a lawyer and a professional will almost certainly be returned back on them at some point, so please do everything you can to follow the golden rule and “do unto others,” i.e., treat others as you would like to be treated. This fundamental ethical principle, which emphasizes empathy and kindness and the importance of re-
ciprocal actions, suggests that kindness and respect are likely to be returned. By applying the principle of “do unto others,” lawyers can foster positive interactions, build stronger relationships, and contribute to a more harmonious environment.
So please, for the sake of yourself, your friends, and your colleagues, start applying this principle immediately (if you are not already doing so) so something like a negative medical diagnosis can turn into a positive event when you see the kindness and support returned in your favor.
FAIRNESS, INTEGRITY AND CIVILITY
Balancing the Legal Table.
My grandmother Marguerite had 2 matching round tables at each end of her sofa. I inherited both tables, and currently have the sole survivor. It’s small – just shy of 2 feet high and 13 inches in diameter, with a brown marble top and a brass decorative edge. It sits on a mahogany spindle base which ultimately spreads out to balance on 3 delicate legs. But for all its apparent fragility, it’s strong and it’s stable. Take away one of the legs, however, or place it on unstable ground, and it will fail.
The definition of professionalism is equally simple: fairness, integrity, and civility.
The Florida Bar Oath of Admission states: “To opposing parties and their counsel I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.” Fairness, integrity, and civility, I submit, are the three legs of professionalism. Leave one out and, like my grandmother’s 3-legged table, professionalism is doomed to fail.
In 1944, at a ceremony in New York City’s Central Park, Judge Learned Hand said of liberty:
What then is the spirit of liberty? I cannot define it. I can only tell you my own faith. The spirit of liberty is … the spirit which seeks to understand the minds of other men and women; the
spirit of liberty is the spirit which weighs their interests alongside its own without bias.”
The spirit of liberty in the law is Fairness, the first leg of my grandmother’s table. It’s justice. It’s the last line of the Pledge of Allegiance: “With liberty and justice for all.” It’s every lawyer going to court to argue fairness for their client by carefully navigating binding or persuasive legal precedent. It’s every judge navigating that precedent to render a decision that is fair and just and follows the laws passed by the legislature as interpreted by our predecessors on the bench.
Integrity is the second leg of my grandmother’s
table. Court rulings serve as foundational guideposts –precedent for future cases. Upholding (or overruling) this precedent with integrity for the entirety of the legal system ensures stability, consistency, and predictability. As judges, we rely on attorneys’ professional integrity to guide us – to tell us the law you believe should apply to your case, and why. Judges then analyze that law through the lens of judicial integrity to historical precedent in order to render decisions that embody fairness.
The third leg of professionalism is Civility. The Florida Bar Board of Governors adopted a Creed of Professionalism on January 30, 2015, after approval by the Florida Conference of Circuit Judges. The stated purpose of the Creed is to “memorialize the professional obligations that underlie an attorney’s obligations to his/her clients, the judiciary, and the administration of justice.”
The Creed embodies fairness, integrity, and civility, providing in part: “I will … at all times be guided by a fundamental sense
Judge Margaret H. Schreiber
James G. Glazebrook Memorial Bar Service Award
of honor, integrity, and fair play … [and] at all times act with dignity, decency, and courtesy.”
Fairness. Integrity. Civility. The 3 legs of my grandmother’s table; the 3 legs of professionalism. Those legs require context and a story – a sturdy base. That base is “wordsmithing.” Words have strength. As noted by Solomon, “Words kill, words give life; they’re either poison or fruit – you
for good and evil they become in the hands of one who knows how to combine them.”
Writers, poets, orators, and judges have honed this skill throughout the centuries, using language to motivate, convey meaning and conjure emotions. Wordsmithing is harnessing the power of language to inspire and persuade: “we the people;” “injustice anywhere is a threat
these phrases doesn’t feel, think or understand exactly what the speaker hopes you will.
Each of us is a wordsmith – of what is written and what is spoken. That is our collective craft, binding us together. In the words of one of history’s greatest wordsmiths, Winston Churchill, “all the great things are simple, and many can be expressed in a single word:
civility. As protectors of the rule of law we collectively have a duty to uphold respect for the laws and for our court systems – even in the fiercest of legal battles. We owe it to ourselves and to our craft to foster professionalism whenever and wherever we can – to place the 3 legs of professionalism on a strong and stable base.
The event paid tribute to the many individuals and organizations who made Law Week possible, including local judges, educators, and community partners.
LAW WEEK 2025
Empowering the Next Generation Through Civic Engagement.
The Orange County Bar Association’s 2025 Law Week was a powerful reminder of how civic education and community involvement shape the future of justice. Held under the unifying theme E Pluribus Unum—“Out of Many, One”—the week highlighted our shared responsibility to uphold the principles of democracy and law.
HONORING CIVIC DUTY
The annual Law Week Luncheon served as the heart of the celebration. With gratitude to our generous Title and Supporting Sponsors, attendees gath-
ered to reflect on the importance of legal education, public service, and civic leadership. The event paid tribute to the many individuals and organizations who made Law Week
possible, including local judges, educators, and community partners.
STUDENT SPOTLIGHTS
Youth engagement took center stage throughout the week. Elementary students explored courtroom basics through imaginative mock trials like BB Wolf v. Curly Pig, while middle schoolers participated in the engaging Civics Teach-In. These activities brought history to life and emphasized the importance of participation in civic life.
At the high school level, Boone High School stood out in the Mock Trial Competition, demonstrating professionalism and sharp legal skills.
OCBA Executive Council, Law Week Committee, and Foundation celebrate this year’s inspiring Law Week participants with many of our members.
The Poster and Speech Contests gave students the opportunity to express their understanding of law through creativity and public speaking. Congratulations to our winners:
POSTER CONTEST – MIDDLE SCHOOL
• 1st: Amba Hardowar, Blankner School
• 2nd: Jaella Chauvel, St. James Cathedral School
• 3rd: Kaelyn Chen, Chinese School of CAACF
POSTER CONTEST – HIGH SCHOOL
• 1st: Eslyn Meertens, Evans High School
• 2nd: Anabella Creson, Boone High School
• 3rd: Shyla Hardowar, Boone High School
SPEECH CONTEST
• 1st: Shyla Hardowar, Boone High School
• 2nd: Karla Lopez, Boone High School
• 3rd: Wendeline Lubin, Evans High School
MENTORSHIP & LEADERSHIP
College students benefited from the Attorney Roundtable, where they engaged
in open dialogue with professionals about legal careers and public service. Local scouts also participated by earning their Law Merit Badge, using George Washington’s legacy as a model for civic responsibility and ethical leadership.
A COMMUNITY EFFORT
This impactful week would not have been possible without the collaboration of our local judges, OCPS board members, teachers, and volunteers. We also thank the Ninth Circuit State Attorney’s and Pub-
3 4 5 1 2
lic Defender’s Offices, University of Central Florida Legal Studies department, and all the individuals who contributed their time and expertise.
WHAT DIFFERENCE WILL YOU MAKE?
Law Week 2025 reminded us that civic engagement begins with education and empowerment. As we look to the future, we invite everyone—students, professionals, and community members alike—to ask themselves: What difference will you make? 1 College: Attorney Roundtable 2 Scouts: Law Merit Badge 3 High School: Mock
4
5
Reed Partner, Lawson Huck Gonzalez PLLC
VALOR PROJECT
Serving Those Who Served Us through the Legal Aid Society’s VALOR Project.
WFor more information about joining the Legal Aid Society’s VALOR Project, contact Jay Mobley, General Litigation Director, at jmobley@legalaidocba.org.
For more information on becoming a Legal Aid financial donor contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or 407-515-1850.
hen I first discovered the VALOR Project in 2022, I saw it as a unique opportunity to make a meaningful impact on the lives of those who have sacrificed so much for our country. As attorneys, we often look for ways to give back to the community, and through VALOR, I found a direct and impactful way to serve a group that is often underserved — our veterans.
legal remedy, veterans express deep gratitude simply for the opportunity to be listened to and to better understand their options.
Veterans Advocacy Legal Outreach and Representation, commonly known as VALOR, is a medical-legal partnership between the Legal Aid Society of the Orange County Bar Association, the Orlando VA Regional Medical Center, and the Baldwin Park Outpatient Center. The program’s mission is straightforward: to provide low-income veterans with access to free civil legal assistance and representation. The broader goal is to reduce stress levels, stabilize housing and income, improve access to benefits, and ultimately enhance veterans’ overall well-being and health outcomes. Over the past 2 ½ years, my involvement with VALOR has shown me firsthand how vital this program is. Veterans are referred to VALOR through
their VA medical providers, often while battling serious health issues, financial instability, or housing insecurity. Legal issues, whether related to housing, benefits, family law, or consumer matters, often add another layer of difficulty to their lives. VALOR provides them with a bridge — a way to address legal concerns that, left unresolved, could spiral into even larger problems.
The program’s emphasis on personal connection is what truly sets it apart. Veterans are given the opportunity to meet face-toface with an attorney, tell their story, and, importantly, feel heard. Sometimes we can offer direct legal representation; other times, we provide advice, referrals, or practical guidance. Even in cases where there may not be a perfect
I have found these twice-monthly meetings at the Lake Nona VA Medical Center and the once monthly meetings at the Lake Baldwin VA Outpatient Center to be among the most rewarding experiences of my career. There is a resilience in these veterans, but there is also a profound relief when they realize someone is standing in their corner. Their legal issues are often complex, spanning multiple areas of law, but the act of addressing these issues — and giving them attention and respect — has a real impact beyond the courtroom. It can mean the difference between losing stable housing or keeping it; between navigating benefits bureaucracy or giving up; between hope and despair.
Working with the VALOR Project has also reminded me of the unique position we hold as attorneys. We are not just problem-solvers. We are listeners, advocates, and, at times, life-
Eric
Member of the Orange County Bar Association since 2000.
Veterans are given the opportunity to meet faceto-face with an attorney, tell their story, and, importantly, feel heard.
lines. The veterans I have met through this program are proud, self-reliant individuals who are not always comfortable asking for help. Through VALOR, we provide veterans with a dignified way to seek that assistance and receive it from someone who cares.
I am grateful to the Legal Aid Society and the Orange County Bar Association for creating and supporting the VALOR Project. I encourage every attorney who has the time and ability to get involved. You do not have to be an expert in every field of law to make a difference — you just have to be willing to show up, listen, and lend your skills to those who have already given so much. Supporting our veterans through VALOR goes beyond resolving legal issues; it honors their service in a tangible, personal, and lasting way.
Preferred Vendors
These vendors are supporters of the OCBA. Many o er special discounts to members. We encourage you to use their services to grow your practice.
HOTEL SAVINGS
The Residence Inn by Mariott / Located at 680 N Orange Ave., just two blocks from the OCBA building. Discounted rates include complimentary self-parking, complimentary breakfast buffet, and wireless HSIA.
DISCOUNT MERCHANDISE
National Purchasing Partners (NPP)
Helps members reduce costs with exclusive pricing through a variety of brands nationwide. bit.ly/ocbasavingsclub
LEGAL SUPPORT SERVICES
Clio / Cloud-based practice management system. Members save 10% on monthly subscription clio.com/OCBA
LawPay / Quickly and securely accept online payments anytime, anywhere. No debits are allowed from your IOLTA, at any time for any reason, guaranteed. Sign up by January 31 and pay no monthly fees for 3 months + a �100 Visa gift card.
LEAP / Legal practice productivity solution combining practice management, accounting, document management, and legal publishing into one cloud-based system. leap.us/florida / sales@leap.us / 844-702-LEAP
Florida Lawyers Mutual Insurance
Professional liability insurance to help protect Florida lawyers and their clients. 800-633-6458
Find a complete list of vendors at orangecountybar.org/for-attorneys/ member-benefits/featured-benefits/ To become a Preferred Vendor, contact our Advertising & Sponsorship Department.
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.
Kate practices dependency law as a Guardian ad Litem Attorney. Guardians ad litem represent the best interest of children who have been abused, abandoned, or neglected by a parent or guardian. This includes advocacy in and out of court.
PARENTAL RIGHTS PROCEEDING
The Role of a Pro Bono Guardian ad Litem in a Termination of Parental Rights Proceeding.
This article is designed to assist those OCBA members who volunteer their time as pro bono guardians ad litem in navigating the termination of parental rights process in dependency court.
1. Florida Statute §39.501(1) (2024).
2. Florida Statute §39.822(2)(a) (1-5) (2024).
3. Or in very unusual circumstances, against a single parent. See Florida Statute §39.811(6) (2024).
4. Florida Statute §39.621(7) (2024).
5. Florida Statute §39.807(2)(c).
Dependency court cases are civil actions generally initiated by the Department of Children and Families (the Department) against parents who have abused, abandoned, or neglected their children.1
Per Florida Statute §39�822(1), “[a] guardian ad litem shall be appointed by the court at the earliest possible time to represent the child in any child abuse, abandonment, or neglect judicial proceeding….” Guardians ad litem are often appointed at the initial court hearing after the child(ren) are sheltered from the parents.
During the pendency of the dependency case, a guardian ad litem’s duties include the following:
1. Be present at all court hearings unless excused by the court.
2. Investigate issues related to the best interest of the child who is the
subject of the appointment, review all disposition recommendations and changes in placement, and, unless excused by the court, file written reports and recommendations.
3. Represent the child until the court’s jurisdiction over the child terminates or until excused by the court.
4. Advocate for the child’s participation in the proceedings and report the child’s preferences to the court, to the extent the child has the ability and desire to express his or her preferences.
5. Perform other duties that are consistent with the scope of the appointment.2
In most dependency cases, the overriding goal is to remove the danger posed by the parents through completion of a case plan and then reunify the family. However, there are circum-
stances where the child(ren) cannot be safely returned to the parents, regardless of the provision of services. In these cases, the Department will file a termination of parental rights petition against the parents.3 The purpose of a termination of parental rights petition is to legally sever the parents’ rights to the child(ren) so that the child(ren) can then find permanency through adoption.4
In order to prevail at a termination of parental rights trial, the petitioner must prove by clear and convincing evidence the following three elements:
1. That at least one of the grounds listed in s. 39�806 has been met.
2. That termination of parental rights is the least restrictive means of protecting the child from future harm. “This prong is generally satisfied by DCF offering the parent a case plan and providing the parent with the help and services necessary to complete the case plan.”
S.M. v. Fla. Dept. of Children and Families, 202 So. 3d 769 (Fla 2016).
Kate York
3. That the manifest best interests of the child, in accordance with s. 39�810, would be served by the granting of the petition. The guardian ad litem serves an essential role in the termination of parental rights process. The guardian ad litem must provide a recommendation to the court as to whether the termination of parental rights is in the child(ren)’s manifest best interest. This recommendation must be included in a written report that the guardian ad litem must file at least 72 hours before the TPR trial or disposition.5
Although the statute expressly states that the
written report must include the guardian ad litem’s recommendations and the preference of the child(ren), the court will generally want the written report to address all eleven of the manifest best interest factors outlined in s. 39�810. The Legal Aid Society has a manifest best interest report template that can be provided upon request to assist in completing the report.
When the time comes for the termination of parental rights trial, the Department will call the guardian ad litem as a witness to testify to the manifest best interest factors. The Depart-
ment may also call other witnesses, such as the caregiver, to ensure all of the manifest best interest factors are addressed sufficiently. However, the primary witness for this part of the trial will be the guardian ad litem. Therefore, it is essential that the guardian ad litem be present in person for the trial.
There may be times when not all of the manifest best interest factors support termination of parental rights. This is not necessarily fatal to the petition. Although all factors must be considered by the court, some factors may outweigh others. For example, perhaps the child
has a strong bond with the parent and wants to return home, but the nature and severity of the abuse would make it impossible to allow the child to safely do so. It is ultimately up to the court to weigh all the factors and determine whether it would be in the manifest best interest of the child(ren) for the petition to be granted.
I hope that this article provided insight into the role a pro bono guardian ad litem plays in termination of parental rights proceedings. If you have any questions, please reach out to staff at the Legal Aid Society of the O.C.B.A.
SIDEBAR
YOUNG LAWYERS SECTION
Happy Hour
MAY 28 / YLS teamed up with the Paralegal Section to host an incredibly fun and successful Happy Hour event! It was a wonderful opportunity for members from both groups to connect, unwind, and enjoy each other’s company in a relaxed, social setting. The evening was filled with lively conversations, and lots of laughter. We’re so grateful to everyone who came out and made the event so enjoyable.
Networking Event
MAY 8TH (NOT PICTURED) / YLS teamed up with the In-House committee to present “Pathways through the Law: a CLE and Networking Event.” It was a great event for an afternoon full of CLE credits! With so many speakers from various legal backgrounds, it was a fantastic opportunity to hear from local leaders about the different careers available for attorneys. This was followed by a speed networking event and a happy hour where participants were able to speak to everyone on a more personal level about their experience and advice.
Pass The Gavel Luncheon
MAY 9TH (NOT PICTURED) / YLS hosted the annual Pass the Gavel luncheon. So many of YLS’ past presidents were present to commemorate Jacob Schumer’s fantastic year as president, and welcome Cooper Powell as he steps into his new role of President for YLS. The luncheon was a great event where we were able to listen to the accomplishments of the past year, lessons from prior years and where we’ll go in the future with Cooper as our new leader. YLS wants to take this moment to give a massive thanks to Jacob for all his hard work this past year. We cannot wait to see the year Cooper has in store!
Great Oaks Village Annual Event
MAY 24 (NOT PICTURED) / YLS returned to the Great Oaks Village for a super fun and eventful year this year. This annual event was extra exciting, as YLS was able to partner up with the Orlando City Soccer School - Lake Nona, and provide a very special day for the children at Great Oaks Village. The day was full of games, sports, and fun. It’s YLS’ tradition to donate shoes to the children at Great Oaks Village, and with the partnership with the Orlando City Soccer School - Lake Nona, the kids were able to receive new Adidas footwear!
WHO’S WHO
1 YLS Happy Hour at Fiddler’s Green Irish Pub
2 YLS board member Dana Alberga and YLS President Cooper Powell
3 YLS members and OCBA members during the OCBA Gala.
4 YLS members volunteering at Mollie Ray Elementary School for YLS’s Book Fair
4
UPCOMING EVENTS
JUNE LUNCHEON / Date: June 13th, 2025, Location: Citrus Club
MORNING AT THE STATE COURTHOUSE / Date: June, Location: Orange County Courthouse
LAW CLERKS
RECEPTION / Date: July, Location: Orange County Regional History Center
ANNUAL BACKPACK
PROJECT / Date: July, Location: TBD
STAY INFORMED:
Make sure your schedules remain flexible as YLS has many more social events to be on the lookout for! 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.”
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
1
VOLUNTARY BAR
Past Presidents Reception
The Paul C. Perkins Bar Association (PCPBA)
ON MAY 14, 2025, the PCPBA hosted their 2nd Past Presidents Reception which was an evening dedicated to honoring previous leaders and embracing the bright future ahead.
ON MAY 7, 2025, the Paul C. Perkins Bar Association (PCPBA) hosted it’s Final General Body Luncheon of the 2024-2025 fiscal year. The event titled “Balancing the Scales: Nurturing Mental Wellness in Legal Practice”, was moderated by Ayana Barrow and was held at the OCBA.
ON MAY 10, 2024, the PCPBA hosted its first ever Farmers Market. The event featured amazing local vendors, fresh produce and healthy treats, self care products and family fun including a live DJ with giveaways.
ON MAY 24, 2025, PCPBA hosted the “Health is Wealth Summit” which featured conversations on mental health, wealth and finance and how to thrive in todays world.
ON MAY 30, 2025, PCPBA hosted a CLE Virtual Lunch and Learn titled “Financial Wellness for Legal Professionals.” The online event featured tips and tools from financial planners of Northwestern Mutual to help equip attorneys with essential financial skills.
OTHER VOLUNTARY BAR EVENTS
ON APRIL 26, 2025 / the Central Florida Association for Women Lawyers (CFAWL) hosted an Earth Day Service Project at the Oakland Nature Preserve.
ON MAY 7, 2025 / CFAWL hosted their very first ever Table for 80 in celebration of the 20th anniversary of their Table for 8. The sold out event was held at the Winter Park Raquet Club and was such a memorable evening of recalling Table for 8 stories and camaraderie.
CFAWL wishes to congratulate Meranda Landes and Evelyn Pabon Figueroa for earning the prestigious Florida Association for Women Lawyers “Leaders in the Law” recipients.
ON MAY 2, 2025 / The Greater Orlando Asian American Bar Association (GOAABA) joined with the Asian American Pacific Islanders Coming Together (ACT) for the annual “Career Pathways in the Law” event which was hosted at the Orange County Courthouse. The free event was open to middle, high-school college and law school students.
WHO’S WHO
1 Paul C. Perkins Bar Association Past Presidents Reception
2 Central Florida Association for Women Lawyers Table for 80
3 Greater Orlando Asian American Bar Association Featuring participants from Career Pathways in the Law
4 Paul C. Perkins Bar Association Final General Body Luncheon.
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.
