2511 Briefs

BRIDGE TO CONNECTIO

N LAWYER AT TH E COOK

Keshara Cowan s on can enhance ou how technology r relationships

OUT

Vanessa Clark on professionalism maintaining off the clock

HONORING VETERANS

Lisa Gong Gue OCBA membersrrero recognizes who have served

The Friday-Monday Problem is ripping into mediation

the

Contents 14 I

THE MONDAY-FRIDAY PROBLEM

Mediation malpractice and enforcement of settlements in Business and IP litigation.

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE Technology as a Bridge to Connection and Inclusion Keshara D. Cowans, Esq.

08 I CLERK’S CORNER A Call to Attorneys

The Honorable Tiffany Moore Russell, Esq.

10 I CHIEF’S COLUMN

Taking a Look a Nonbinding Arbitration

The Honorable Lisa T. Munyon, Alice Blackwell, Esq. and Gary Salzman, Esq.

FROM THE COMMITTEES

22 I PROFESSIONALISM COMMITTEE

The Lawyer at the Cookout Vanessa Clark

24 I LITERARY SOCIETY COMMITTEE

20 I PARALEGAL COMMITTEE

From Fire Drills to Frameworks Leesa Badley

30 I YOUNG LAWYERS SECTION Michael B. Stone, Esq.

32 I VOLUNTARY BARS Alena V. Baker, Esq.

2025-2026 Reading List

26 I VETERANS COMMITTEE

Recognizing Service Beyond the Courtroom Lisa Gong Guerrero

FROM THE COMMITTEES

SIDEBAR: NEWS / EVENTS / UPDATES

LEGAL AID SOCIETY

28 I GUARDIAN AD LITEM Assessments that Strengthen Advocacy Jonathan H. Neyer, 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

4I

The Briefs

I NOVEMBER 2025

O C B A J A N U A RY 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 NOVEMBER 2025 VOL.93 NO.9

Editor Kate T. Hollis Associate Editors Christine Wasula Tina Leger Columnists Alena V. Baker Michael Stone 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

SAVE THE DATE!

Thursday, January 15, 2026, 11�30am–1pm at Marriott Orlando Downtown 400 W. Livingston St., Orlando, FL 32801

Start 2026 off right by taking this opportunity to connect with colleagues, network with new members, and stay informed about the latest developments in the legal community and around the bar.

RSVP by Monday, January 12, 2026 Ashley Velez ashleyv@ocbanet.org | orangecountybar.org/store RSVPs and cancellations will not be accepted after January 12, 2026.

TITLE SPONSOR

Marketing & Communications Manager Reatha Cruz-Johnson Design Em Agency, emagency.com _________________

MORE EVENTS

orangecountybar.org/calendar

orangecountybar.org

I The Briefs

I5

PRESIDENT’S MESSAGE

TECHNOLOGY AS A BRIDGE TO CONNECTION AND INCLUSION 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.

6I

The Briefs

As we move through this bar year focused on growth through connection and inclusion, I find myself reflecting on how technology has fundamentally transformed our ability to achieve both of these goals. When I began practicing law, connection meant physical presence, attending every meeting, appearing in person at every hearing, and networking at bar events.

The legal profession has always been built on relationships, but technology has exponentially expanded our capacity to build and maintain those relationships. Virtual meetings allow us to connect with colleagues without the time burden of securing meeting space and finding parking downtown. Social media and legal tech platforms create networks that transcend traditional geographic and institutional boundaries.

One of technology’s greatest contributions to our profession may be its power to advance inclusion. Practice management software allows attorneys to run efficient, competitive practices from anywhere. E-filing systems eliminate the need for physical courthouse access during business hours, a game-changer for attorneys balancing multiple responsibilities. Consider how technology is expanding access to justice itself. Virtual hearings have made it possible for clients to participate in proceedings without taking time off work or finding transportation. Online dispute resolution platforms are bringing justice within reach of communities historically underserved by our legal system. Technology has also allowed legal aid organizations to extend their limited resources to help more people in need. Technology is helping us build a more diverse and inclusive bar. Young attorneys entering the profession with student debt can launch practices without the over-

I NOVEMBER 2025

head costs that once created insurmountable barriers. Parents can maintain thriving practices while being present for their families.

However, we must be honest about technology’s double-edged nature. While it has expanded our capacity to connect, it has also created new barriers to genuine human connection. We have all experienced it, the attorney who attends a virtual meeting with their camera off, disengaged and multitasking. The networking event where attorneys spend more time looking at their phones than talking to the person standing next to them. The constant barrage of notifications fragments our attention and prevents deep, focused conversations where true mentorship happens.

Technology has made us more accessible, but often less present. We can attend more meetings, but we participate less meaningfully. We have more “connections” on LinkedIn than we could ever cultivate into genuine professional relationships. The ease of digital communication has sometimes replaced the effort required to build real trust and understanding. There is also the isolation factor. Solo practitioners and attorneys in small firms, who should benefit most from technology’s connective power, often report feeling more isolated than ever. The ability to work from anywhere can mean working alone everywhere. The efficiency of remote work can come at the cost of the spontaneous collaborations and friendships that once formed naturally in shared office spaces.

Technology is a tool, not a replacement for human connection. Our challenge is to harness technology’s connective power while actively resisting its isolating tendencies. We must use technology to include more voices in our conversations while ensuring those

conversations remain substantive and genuine. We must make deliberate choices to put down our devices, turn on our cameras, and show up, both virtually and physically, in ways that honor the human connections at the heart of our profession.

The OCBA will continue to leverage technology to advance both connection and inclusion without replacing the personal connections that make us more than just a professional organization but instead make us a community. Growth through connection and inclusion are not about the platforms we use; they are about the people we bring together and the barriers we eliminate. Technology has given us unprecedented tools to build a more connected and inclusive bar. Now it is up to us to use them wisely, thoughtfully, and always in service of the human connections that remain at the heart of our profession.

BUSINESS & CONSTRUCTION MEDIATION

Thomas P. Wert Downtown Orlando Office 407-428-5197 twert@deanmead.com

Certified Florida Supreme Court Mediator Certified Federal Court Mediator Board Certified in Construction Law, The Florida Bar 30 Years’ Experience in Business and Construction Law Board of Governors, The Florida Bar

www.deanmead.com

orangecountybar.org

I The Briefs

I7

CLERK’S CORNER

A CALL TO ATTORNEYS Celebrating 10 Years of Service at the Self Help Center

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

8I

The Briefs

Ten years ago, I had the privilege of opening the doors to something truly special: the Lydia Gardner Self Help Center. Inspired by my work in legal aid and the countless residents I met who simply could not afford an attorney, I wanted to create a resource that ensured justice could be more accessible to everyone— regardless of income or background.

With a partnership with the Orange County Bar Association, the Self Help Center has served over 200�000 customers, completed more than 24�000 attorney consultations, and helped thousands of people move forward in their legal journey since September 2015. From family law cases (excluding restraining orders) to small claims, evictions, and low-cost attorney consultations, the center has provided a vital lifeline. Earlier this year, we expanded services to a second location at the new courthouse in Winter Park, offering even more opportunities for residents to get the guidance they need.

Attorney consultations are available in person one day a week at both our downtown Orlando courthouse and the branch courthouse in Winter Park. To ensure broader access, we also provide remote attorney consultations several days a week, giving residents the flexibility to connect with legal support virtually. These services, at just $1 per minute, remain one of the most affordable and impactful resources available to those representing themselves.

But none of this would have been possible without the dedication of the attorneys who have partnered with us over the past decade.

Your willingness to share your time and expertise has transformed lives, given clarity to those who felt overwhelmed, and ensured that more of our neighbors could find a path forward through the legal system.

I also want to recognize the Legal Aid Society of the Orange County Bar Association,

I NOVEMBER 2025

which has been instrumental in helping us obtain attorneys to serve in the Self Help Center. Recently the Legal Aid Society has also begun recruiting law students to volunteer their time. These students will play a critical role in helping residents complete the often cumbersome legal forms correctly, giving customers the confidence that they are taking the right steps in their case. This partnership— with both practicing attorneys and future attorneys—has been invaluable in furthering our mission to expand access to justice.

As we celebrate this milestone, I also recognize that the need remains great. That is why I am making a special appeal to my colleagues in the legal community: we always welcome attorneys who want to give back, and we especially need bilingual attorneys who speak English, Spanish, and Creole. Language should never be a barrier to justice, and your skills can open doors for residents who would otherwise struggle to navigate the courts.

If you are interested in assisting, I encourage you to apply through the Orange County Bar Association (https://orangecountybar.org/ page/Work-at-the-Clerks-Self-Help-Center).

Your commitment will not only support our mission but also leave a lasting impact on those who need it most.

As we look back on 10 years of service, I remain deeply grateful to the OCBA and the legal community’s for their role in making the Self Help Center a success. Together, let us continue to expand access to justice for the next decade and beyond.

Warm Regards,

Tiffany Moore Russell Orange County Clerk of Courts

REACH RESOLUTION WITH US

JEFF FLEMING • SHAREHOLDER MEDIATOR • ARBITRATOR • SPECIAL MAGISTRATE Jeff won’t let resolution elude your grasp. He appreciates how ADR can reduce the strain of a dispute and always strives to give parties the altitude they need to see all the possibilities.

Let one of our mediators hold the ladder for you while you work toward settlement. Learn more about Jeff and the entire dispute resolution team by visiting our website at UWW-ADR.com or calling 800.863.1462.

Orlando • Ormond • Ocala • Jacksonville • West Palm • Fort Lauderdale • Miami • Tampa • Birmingham

CHIEF’S COLUMN

TAKING A LOOK AT NONBINDING ARBITRATION The Honorable Lisa T. Munyon,

Chief Judge, Ninth Judicial Circuit

Alice Blackwell, Esq. Gary Salzman, Esq.

10 I

The Briefs

For this month’s column, I’d like to take a moment to discuss nonbinding arbitration (NBA).

A good number of you are familiar with it. A handful of you even serve as arbitrators for the Ninth – thank you. For the rest of you, I’m willing to bet the last time you gave arbitration any consideration was law school, if even then. So please, bear with me as I outline the basics, refresh your memories, and hopefully impress upon you why NBA is a valuable option for the settlement of cases.

Arbitration is governed by the Florida Supreme Court, which, in turn, tasked the Office of the State Courts Administrator (OSCA) to manage arbitration as part of the Florida Dispute Resolution Center (DRC).

While part of the DRC and a form of alternate dispute resolution, NBA differs vastly from mediation: mediation is a collaborative process where the disputing parties decide the outcome, while cases eligible for NBA are decided by the arbitrator.

Our circuit has long had an administrative order regarding nonbinding arbitration, but recent changes to the statute have changed the usefulness of nonbinding arbitration in appropriate cases. As a result, I signed Administrative Order No. 2020-26-02, Amended Administrative Order Governing Court-Ordered Nonbinding Arbitration, on July 1 to conform to the changes in the Florida Statutes. FS §44�103 gives trial courts discretion to refer cases or select issues to NBA. To assist with the pretrial resolution of cases, civil, family, and probate judges use NBA in appropriate cases while still excluding certain matters (Fla. R. Civ. Pro. 1�800).

Jury trials are not likely to be sent to NBA except to determine significant motions.

NBA is typically most effective at or near the time that discovery is complete in a

I NOVEMBER 2025

case, and either the judge or the parties can make the referral to the NBA process. NBA may also be used effectively during the discovery period for discrete issues such as Daubert motions.

The parties may agree upon an arbitrator or a three-person panel of arbitrators, allowing flexibility for someone knowledgeable about the subject matter to be selected. But if the parties fail to agree regarding the arbitrator within 30 days of the court’s order of referral to NBA, the court’s order contains a default appointment to an arbitrator of the court’s choosing from the Ninth Judicial Circuit List of Qualified Arbitrators so as not to delay the start of the NBA. That list can be found on the Court’s website.

Additionally, the selected arbitrator must make reasonable inquiries to assure impartiality. Past or existing relationships with any party and/or a financial or personal interest in the outcome will disqualify the arbitrator. Much like mediation, the cost of the arbitrator is negotiated with the parties pursuant to Fla.R. Civ.P.1�810(b) and §44�103(3). The administrative order provides the terms of the payment to the arbitrator as required by the statute and the Florida Rules of Civil Procedure.

Once chosen, the neutral third-party arbitrator will consider the evidence, typically in an abbreviated form, and must render a written decision within 10 days of the “final adjournment of the arbitration hearing.” Fla.R.Civ.P.1�820((g)(3). (The arbitrator’s decision is not revealed to the trial judge, however.) The hearing is conducted “informally.” The statute specifically directs that NBA is done with “a minimum” of testimony and evidence, but that the presentation to the arbitrator should be “primarily through the statements and argument of counsel.”

F.S.§44�103(4) As a result, NBA as envisioned in the revised §44�103 directs a summary trial intended to reduce trial costs while getting an effective ruling on the issue.

While NBA is a very straightforward procedure, the statute is very detailed, and the requirements must be strictly adhered to.

Timeliness is paramount, and the consequences for missed deadlines can be catastrophic for your clients. Of note, if your clients reject the arbitrator’s determination, a rejection of the award must be filed within 20 days of service, and a request for a trial de novo must be submitted at the same time.

Fla.R.Civ.P.1�820(h). Failure to file both pleadings will result in the arbitrator’s award being referred to the presiding judge for entry of judgment.1 The statute includes a provision that shifts the attorney’s fees if the arbitrator’s determination is rejected and the award at trial does not exceed 25% over the arbitrator’s award for the Plaintiff or the judgment entered against the Defendant is at least 25% more than the arbitrator’s award. F.S.44�103(6). For this reason, NBA should not be entered into lightly, nor should consideration of the determination.

The use of NBA as an additional means of alternative dispute resolution presents unique opportunities to clients and their counsel. The process allows for the opportunity to preview your client’s case with a knowledgeable fact finder, to test theories of liability or damages, and to expose weaknesses in the opposing counsel’s case or your own. All of these opportunities can lead to reasonable settlements or to improving outcomes at trial.

NBA is a valuable alternate dispute resolution option, regardless of the outcome. There are very few downsides with the upside giving you an edge to develop the best case for your clients. Keep it in mind as a useful option for appropriate cases.

New Members FIRST YEAR

Veronica Anderson Elise Brauch Megan Collins Samuel Ross Eisenstein Kristen Flynn Lauren Garrett James M Gonzalez Philip Kelly Jacorry K. Lewis Jacob McMahon Farah Jalis Nawaz Haley Alexandra Nepple Adam Sanderson Titus J Scheid Joseph John St. Angelo Kiersten Warren Andrew Yarnell Meredith P. Yates

FIRST YEAR GOVERNMENT

Johannah Brown Maris Desrochers Khadidja Diouf Ashlyn Freeman Destinee Green Theodore F. Greene Axel Gunther Fatema Jaffer Scott Alexander Knobloch Grayson Lanza Patrick McDowell Kevin Alexander Portillo-Godinez Ariana Stanley Hannah Toshie Latoya Walker

GOVERNMENT

Monique H. Worrell

AFFILIATE

Kela DeMauro Erik Soderstrom

LAW STUDENT

Stephanie Arias Teania Francis Elizabeth Harris Shamel M. Jackson Tyler Larkins Ali Mirza Chloe Rogenus Aiden Timberlake Payton Yates

PATRON

Susan Constantine

1. See AO No. 2020-26-02 (9)

orangecountybar.org

I The Briefs

I 11

FULFILL YOUR LEGAL AID REQUIREMENT

4 Ways

is proud to announce

Neal A. Roth has joined our distinguished panel of neutrals

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

2. Be a Guardian ad Litem (GAL) and

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

3. Participate in Projects as needed in

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

4. Contribute Financially. Donate �350 in

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

After a distinguished career as a trial lawyer spanning over four decades, characterized by his expert handling of intensely complex high exposure cases, Neal has concluded his career as a trial lawyer to become a full time dispute resolution neutral. Well known for his trial skills and professional ethics, Neal is an AV Preeminent® Rated Lawyer by MartindaleHubbell, has been recognized by Best Lawyers in America®: 2008 – 2025 and named to Florida Super Lawyers: 2007–2025. Neal now applies the unique experience he derived from an elite level trial career to foster the process of dispute resolution.

To learn more about Neal and to schedule a mediation or arbitration, please visit: adrsource.com 888.741.2224 Solving the world’s problems…one case at a time

orangecountybar.org

I The Briefs

I 13

14 I

The Briefs

I NOVEMBER 2025

A

ny experienced litigator in the intellectual property or business arena has experienced the “Friday-Monday problem.” After a long day of mediation, a “term sheet” is drafted late Friday, where the parties hammer out the four corners of a deal on a few pages. While everyone may feel confident that a deal has been struck, the parties acknowledge in the term sheet that a more robust settlement document including a “mutual general release” will follow. Everyone can summarize the guts of the deal, but the final settlement document will require additional language including, for example, mutual releases, the transfer of IP assets, licenses, safe-harbor provisions, perhaps some carveouts, amendments to an existing contract, or any number of non-economic terms.

On Monday morning, the defendant’s attorney sends over a settlement document rehashing the Friday mediation agreement and adds new things the client forgot to mention that are not specifically included in the Friday document.

The Plaintiff may think of additional terms as well.

There is nothing “wrong” with this — it happens all of the time with the best lawyers. Term sheets are focused on the big deal points during negotiation, and at 6�00 p.m. on Friday folks are not inclined to draft a multi-page settlement document covering all of the minutiae and boilerplate.

Unfortunately, there is usually more than boilerplate to be included later.

Perhaps the defense wants a notice and cure provision to be added to the

later release as a safe-harbor against non-willful, future infringement claims.

The Plaintiff wants a venue provision in case of breach. None of this was crystallized on Friday and now come Monday the deal is in jeopardy because “new” terms are needed.

One side is not amenable to any changes and believes the putative deal reached on Friday is sufficiently detailed and thus enforceable. So proposed changes are rejected.

One side balks at signing the “Monday” settlement document with the new terms or insists something is missing. A flurry of emails ensues.

The parties and counsel invariably engage the mediator but soon find themselves at loggerheads. One side wants to enforce the “Friday afternoon” short

orangecountybar.org

I The Briefs

I 15

INTELLECTUAL PROPERTY LAW COMMITTEE the court or incorporated into an order or judgment, the trial court does not have subject matter jurisdiction over a contractual settlement dispute arising from the pending case. Merely because Rule 1�730 permits one to enforce a mediated settlement agreement does not mean subject matter jurisdiction is present. The court’s jurisdiction over a trademark claim, for example, does not create jurisdiction to resolve a separate contractual action arising from settlement of the litigation. A claim seeking to enforce a settlement agreement is independent of the litigation from which it arose.2 A trial court does not have jurisdiction over a dispute arising out of the settlement agreement merely by virtue of having had jurisdiction over the case THE JURISDICTIONAL that was settled.3 If a purported settlement agreePROBLEM One recent federal deciment is not filed or resion from the Southern viewed by the court, “the District involving a motion trial court lack[s] jurisdicto enforce a “term sheet” tion to enforce an out-ofconclusory states that be- court settlement.”⁴ fore an action is dismissed, The foregoing authoria district court retains juties make clear that when risdiction to enforce a set- the court is not presented tlement, and this includes with a settlement agreeaffording a party an eviment for approval and does not base a judgment dentiary hearing.¹ or order on the existence In Florida state court, the law runs contrary to of a settlement agreethis; unless the agreement, the court lacks jument has been filed with risdiction to determine form term sheet, and the other says the Friday deal terms were not intended to be a binding and enforceable agreement. This is a stressful and expensive problem for the clients and attorneys.

The question is whether the Friday term sheet is a contract. Is it an “agreement to agree,” or does it have sufficiently definite and material terms so as to be considered an integrated whole? If the Friday deal terms lack materiality, the document is unenforceable.

In this area of jurisprudence, you will find two problems. The first is jurisdictional. The second is substantive and invites the court’s and client’s ire in equal measure. Consider also whether some of this problem lies at the shoes of the mediator.

16 I

The Briefs

I NOVEMBER 2025

if a settlement agreement was reached and to enforce same.5 While jurisdictional niceties are frequently ignored in state court, the appropriate procedural mechanism for seeking to “enforce” a putative settlement agreement (not filed or incorporated into an order) is to bring an independent action for breach of contract or seek leave to file a supplemental complaint. Supplemental complaints under Fla. R. Civ. Procedure 1�190(d) are intended to address new facts that arise after the complaint is filed; amended complaints only address facts or theories that arose before suit. A mere motion under Rule 1�730 does not create jurisdiction and cannot suffice.

One need only recognize a motion should be insufficient because it is not possible to plead defenses to a contract claim if there are no pleadings. Pleadings set up discovery and ultimately a trial on the contract claim.

a settlement. The deal is often not about the dollars.

Assuming jurisdiction is satisfied, any effort to reconcile the disparate line of cases over the enforceability of term sheets used in mediation invariably devolves into an argument over “materiality” which is intellectual quicksand.

The end result before the court is often conclusory; whether the deal terms are sufficiently concrete in the court’s opinion amounts to “I know it when I see it” jurisprudence.7 Even if the parties contemplate executing a release at a later date, at least one court has held the execution of settlement documents is not a necessary condition precedent to the settlement agreement, but [could be] “a mere procedural formality which both parties to the settlement agreement were obliged to perform.”6 Even a term sheet that contemplates a later “release” will not preclude a finding that an enforceable deal lies within the term sheet.8 A litany of cases on both sides provide little meaningful THE “TERM SHEET” guidance except to show PROBLEM the result depends on the IP and business litigation ability of the objecting differs most notably from party to prove something personal injury and other “material” is missing and tort litigation because of the wide-ranging non-eco- to show the second document to be signed later is nomic and material deal not performative.9-10 terms often required for

The bench and bar should view this morass as troubling as it is intolerable. All of this judicial language creates (as has been said of double jeopardy jurisprudence) a swirling eddy of contradiction in the sea of jurisprudence that would challenge the most intrepid judicial navigator. The Friday-Monday problem has existed for decades as evidenced by the aforementioned authorities.

THE ROLE OF THE MEDIATOR IN SAFEGUARDING THE MEDIATION PROCESS

Recognizing the case law in Florida reflects judicially unpredictable results, clear guideposts are sorely needed. In Florida, mediation ends in one of four ways: settlement, impasse, adjournment, or termination.11 If the parties leave mediation without an agreed understanding of what transpired and how the process ended, the fault presumptively lies at the foot of the mediator.

Why so? Rule 10�400 of the Rules Governing Certified Mediators in Florida makes clear that the mediator is responsible for safeguarding the process. Under Rule 10�420(c) the mediator must cause the terms of any agreement reached to be memorialized appropriately and discuss with the par-

ties and counsel the process for formalization and implementation of the agreement. Doesn’t “appropriately” memorializing an agreement also include making clear those circumstances where the parties have not reached an agreement? The duty of the mediator is to ensure the process is memorialized in a way which is legally agreed and self-determined.

Of course, no mediator can protect one party from hyper-aggressive overreaching of another — especially given the ethical admonitions advising mediators not to serve as the scrivener of the agreement. But if the mediator is obligated to safeguard the process, that can and should fairly include some sort of warning to counsel and the litigants if their chosen method of memorialization creates legally ambiguous footing. Who other than the mediator is charged with policing the process?

THE QUESTION IS WHETHER THE FRIDAY TERM SHEET IS A CONTRACT. IF THE FRIDAY DEAL TERMS LACK MATERIALITY, THE DOCUMENT IS UNENFORCEABLE.

THE END OF MOTIONS TO ENFORCE AND OTHER NONSENSE

The cure for this procedural and substantive morass is simple: strict enforcement of subject matter jurisdiction requirements and use of the “term sheet” rule. If the Friday document contemplates the ex-

orangecountybar.org

I The Briefs

I 17

INTELLECTUAL PROPERTY LAW COMMITTEE

David W. Henry is owner of Henry Mediation P.A. and is a Florida Supreme Court Certified Civil Mediator. He practiced law in Central Florida for more than 30 years and has been certified since 2006.

1. 21st Amendment Brewery Café, LLC. v. 21st Amendment Distillery, LLC, 2025 U.S. Dist.

LEXIS 164460 (S.D. Fla. 2025).

2. Paulucci v. General Dynamics Corp., 842 So.2d 797, 803 (Fla. 2003); MCR Funding v. CMG Funding Corp., 771 So.2d 32 (Fla. 4th DCA 2000).

3. Naghtin v. Jones By and Through Jones, 680 So.2d 573, 580 (Fla. 1st DCA 1996).

4. Buonopane v. Ricci, 603 So.2d 713, 714 (Fla. 4th DCA 1992).

5. Paulucci, Buonopane, supra; Eye and Ear Sales and Svc. v. Lamela, 636 So.2d 791 (Fla. 4th DCA 1994).

6. Boyko v. Ilardi, 613 So. 2d 103, 104 (Fla. 3d DCA 1993).

7. See e.g., Lanza v. Damian Carpentry, Inc., 6 So. 3d 674, 676 (Fla. 1st DCA 2009) 8. 21st Amendment Brewery Café, supra at *9.

9. Roland Corp. v Inmusic Brands, 2020 U.S. Dist. LEXIS 258860; 2020 WL 10818391 (S. D. Fla. 2020).

10. See 21st Amendment Brewery Café, supra at *9.

11. “Termination” is a catch-all for a mediation that cannot be said to have ended by settlement, impasse, or agreed upon adjournment (e.g. a conflict of interest arising during mediation or sickness or incapacity of a party).

18 I

The Briefs

ecution of another typically longer and more comprehensive document that must be agreed and signed later, mediators should instruct the parties that they have no real agreement during mediation, and no deal until the later instrument is signed.

If the first writing anticipates a second writing that must be mutually agreed upon later, we need only recognize that the putative Friday document is not a complete and enforceable agreement, but an agreement to agree in the future, and should be called a term sheet to reflect that it is unfinished business and unenforceable. Toward this end this author advocates that mediation rule 1�730 be modified to include an additional language: If the absence of clear and convincing language to the contrary, if the parties incorporate the words “term sheet” in memorializing deal terms, it shall be conclusively presumed that the parties did not intend the document to be a final

I NOVEMBER 2025

and enforceable settlement agreement and that further writings are necessary to effectuate a binding and enforceable mediation settlement agreement.

The barrage of emails, aggravation, attendant difficulties, expense and likely much judicial labor would be eliminated if the phrase “term sheet” was imbued with special meaning by rule or caselaw. If this is not the law, it should be. This change would largely eliminate overreaching or later inequitable “gotcha” litigation tactics that occur far too often in the IP and business arena.

This is admittedly pedantic, but clearly one area where it may be said it is more important for the law to be certain than right.

The judicial system, the bar and more importantly paying clients do not benefit from disputes arising from the mediation process.

Lawyers will complain that if the Friday deal is not really a final agreement, the other side can back out. The risk of buyer’s remorse is remote and is greatly outweighed by the benefit of avoiding costly motions, amended pleadings, evidentiary hearings and malpractice claims. Clients may not always be thrilled with a negotiated result, but they should have complete

confidence in the mediator and the process. Public confidence in the mediation process is particularly important because clients have voluntarily and purposedly sought to avoid a litigated end. If the parties leave mediation and later must litigate whether a complete and enforceable deal was reached, the mediator has failed to safeguard the process and has not ensured there is “closure” within the ambit of Rule 10�420.

As urged in my engagement agreement, the best practice is to bring proposed settlement language in advance. However, in IP and business litigation this is particularly difficult because of the myriad of deal terms that cannot well be predicted.

When drafting a term sheet on Friday afternoon, I urge the parties to label the document a “term sheet” and to include language stating, “this is not an enforceable deal.” If the document is not intended to be enforceable, signatures are irrelevant. Making clear the term sheet is unenforceable and that a second document is needed to consummate an agreement is a simple cure and avoids mischievous and belated attempts to create a binding instrument when one side clearly did not so intend.

PARALEGAL COMMITTEE

FROM FIRE DRILLS TO FRAMEWORKS How Paralegals Can Prepare for the Unexpected Leesa Badley

Paralegal at Milne Law Group, P.A. and President of the Orange County Bar Association Paralegal Section

L

et’s talk about the moment we all know too well.

It’s 4�27 p.m. on a Friday, and an attorney apologetically hands you a redweld full of chaos.

“Hey, I just need this filed before five.” Cue the internal scream. Cue the heroic typing. Cue the absolute miracle that you somehow pull it off—again.

As paralegals, we are the quiet first responders of the legal world. We don’t get sirens or badges, but we’re the ones who catch the falling plates. Still, wouldn’t it be nice if we didn’t always have to operate in emergency mode?

The good news is that while last-minute fires are inevitable in legal work, not everything has to feel like a five-alarm blaze. With the right prep, tools and mindset, we can move from fire drills to frameworks and handle the unexpected with calmness, control, and coffee left in the mug.

You don’t need to reinvent the wheel every time a surprise deadline lands in your lap if you create your “Go-To Emergency Checklist.” One of the best things you can do is build a reusable checklist for emergency filings or last-min-

20 I

The Briefs

I NOVEMBER 2025

ute projects. Think of it like a firefighter’s gear bag.

Everything is there in its place, ready to grab. Your checklist might include: • Required filing formats (PDF, OCR, etc.)

• Page limits or word counts by court • Login credentials for e-filing platforms • Judicial Assistant contact info • Courier or process server phone numbers • Common template documents: proof of service, declarations, affidavits, etc.

• A cheat sheet of case numbers and parties Even better? Save it in a shared folder where your team can access it. In a crunch, you won’t be digging through old emails.

We all know the day never goes exactly as planned. Someone’s depo-

sition goes long. The scanner jams. The case you thought settled suddenly explodes, and that’s why in addition to an emergency list, building “buffer time” into your calendar is so critical. It’s not wasted time—it’s protected space for the unexpected.

HERE ARE A FEW WAYS TO MAKE IT HAPPEN:

• Block 30 minutes at the start and end of your day as catch-up or flex time.

• Add time padding around major deadlines (aim to be “done” a day early, even if that rarely happens).

• Use “meeting recovery zones” after long calls or meetings to handle any new action items.

Think of it as time insurance. You’ll rarely regret having it, but you’ll definitely notice when it’s missing.

During emergencies, creating communication templates for when things go sideways can save the day.

Prepare a few ready-to-use communication templates for those high-stress moments. Some examples: • To attorneys: “Just a heads up, I’m prioritizing the XYZ filing you handed over this afternoon. I’ve rearranged my schedule to meet the deadline and will keep you posted if I run into any roadblocks.”

• To clients or opposing counsel: “We’re working on a time-sensitive filing today, so response time may be slightly delayed.

I’ll follow up with a full update by [time or day].”

• To other team members: “Heads up: I’ve been pulled into an emergency filing this afternoon. If anything is needed from me today, please let me know ASAP so I can triage accordingly.”

These small moments of proactive communication can prevent misun-

derstandings, manage expectations, and show that you’re in control even when things are moving fast. One of the most valuable skills you can develop is the ability to manage expectations under pressure.

mat and not make major edits, if possible.”

Notice the pattern?

These responses are clear, respectful, and offer choices. You’re not saying “no”. You are guiding the conversation toward what’s realistic when conA FEW PHRASES THAT sidering time constraints and project difficulties.

GO A LONG WAY: • “I can prioritize this right Paralegals are wired to now, but it may delay [X solve problems, which is task]. Would you like me why we often jump into to shift focus?” action mode without paus• “That’s doable, but I’ll ing to ask, “Could this be need you to review and easier next time?” That’s sign off by [time].” the shift I want to en• “If this needs to be filed courage so you can move today, I recommend we from reactive to proacstick to our standard for- tive. When we put systems

in place such as checklists, calendar buffers, and communication templates, then we don’t just survive the chaos. We lead through it.

So the next time someone hands you a Friday-at4�30 p.m. fire drill, take a deep breath. Then, reach for your framework, roll up your sleeves, and show them why paralegals can effectively solve last minute challenges.

orangecountybar.org

I The Briefs

I 21

PROFESSIONALISM COMMITTEE

THE LAWYER AT THE COOKOUT Off the Clock, Still On the Record

I

equally when we are shopping at Publix, chatting online, attending children’s soccer games, or carving turkey at the Thanksgiving dinner table.

The public does not see us as part-time professionals. Our words, reactions, and demeanor in public settings help shape how others perceive the legal system.

Vanessa Clark is a licensed Florida attorney, OCBA member, and serves on the Board of the Hispanic Bar Association of Central Florida and the Central Florida Association for Women Lawyers.

t is Thanksgiving. The turkey is golden, the cranberry sauce is suspiciously still shaped like the can, and Uncle Steve has had just enough merlot to corner you about his pending HOA dispute. You were hoping for a quiet afternoon of mashed potatoes and family gossip. But like clockwork, someone brings up the fact that you are a lawyer, and the legal questions begin.

1. The Florida Bar, Professionalism Expectations, https://www. floridabar.org/prof/presources/ presources001 (last visited Aug. 27, 2025).

2. Id. 3. The Florida Bar, Creed of Professionalism, https://www. floridabar.org/prof/presources/ creed-of-professionalism/ (last visited Aug. 27, 2025) 4. R. Regulating Fla. Bar 4-1.18, Duties to Prospective Client.

5. See The Florida Bar, Ethics, https://www.floridabar.org/ ethics/ (last visited Aug. 31, 2025).

6. R. Regulating Fla. Bar 4-8.4(d).

7. Id. cmt.

8. In re Disciplinary Proceedings Against Brooke Lynnette Girley & Jerry Girley, Nos. SC22-859 & SC22-860 (Fla. June 26, 2025).

9. R. Regulating Fla. Bar 4-1.6.

10.See The Florida Bar, Ethics: Opinions, Resources, and Hotline, https://www.floridabar. org/ethics/ (last visited Aug. 31, 2025).

11.R. Regulating Fla. Bar 4-1.3.

The Thanksgiving table, much like any informal soyond the office. Still, it is Whether it is a summer cial setting, becomes a barbecue or a holiday din- easy to forget just how vis- place where legal advice is ible and lasting that identi- casually requested. It starts ner table, these moments highlight something that is ty can be in casual or social innocently: a cousin wonsettings. The Florida Bar’s both obvious and underders if they can break their appreciated: as lawyers, we Professionalism Expectalease, an aunt asks about tions, adopted by the Flor- creating a will, and a neighare never truly “off the reida Supreme Court, along cord.” The Florida Bar’s bor leans in with a question with the Creed of ProfesProfessionalism Expectaabout divorce. Suddenly, tions and the Creed of Pro- sionalism, make it clear you are in a full-blown legal Q&A while everyone else is fessionalism remind us that that lawyers are expected to uphold dignity, rereaching for seconds. civility, integrity, and reWhile it feels harmspect are not part-time ob- spect, and integrity at all times. These obligations less, these conversations ligations. These standards apply not only in courtapply in and out of court, are fraught with risk. Rule rooms or depositions, but and extend well beyond 4-1�18 of the Rules Regulatin every setting where law- ing The Florida Bar defines the office.1 In fact, some of the trick- yers are seen, heard, or re- the concept of a “prospeclied upon.2 iest professionalism chaltive client,” making it clear lenges arise far from the The Creed of Profession- that even preliminary discourtroom. They show up alism reminds us that “a cussions can create limited in kitchens, backyards, so- lawyer should act with dig- legal duties.4 A well-meancial feeds, and group texts. nity, decency, and couring answer intended to tesy,” regardless of the help can unintentionally THE MYTH OF ‘OFF circumstances.3 These trigger obligations regardstandards are not limited ing confidentiality, conflict THE CLOCK’ to when we are speaking in checking, or competence.

Most lawyers recognize front of a judge or meeting This is especially true if that their professional with a client. They apply the listener interprets your identity follows them be-

22 I

The Briefs

I NOVEMBER 2025

THE HOLIDAY TABLE DILEMMA: LEGAL ADVICE OVER PIE

words as actual legal advice. People are listening.

Every word matters.

To help avoid confusion or potential ethical missteps, the Florida Bar frequently issues ethics guidance on a wide range of topics, including how lawyers should handle prospective client interactions in informal settings.5 A better response might be, “That is something I would want to look at in more detail before advising you,” or, “Let’s set up a time to talk after the holidays.” If the issue falls outside your area of practice, it is perfectly appropriate to say, “That is beyond the scope of what I handle, but I would be happy to refer you to someone.” These types of responses preserve both the relationship and your ethical boundaries while steering clear of casual consultations that could lead to misunderstandings and issues.

SOCIAL MEDIA IS THE NEW TABLE TALK

Holiday posts, family drama, or political debates often spill onto Facebook, Instagram, or X (formerly Twitter). Even online, professionalism applies.

Rule 4-8�4(d) of the Rules Regulating The Florida Bar prohibits conduct that is prejudicial to the administration of justice.6 This rule extends to public on-

line behavior. Disparaging judges, insulting opposing counsel, or venting about a case may violate these expectations, even if posted in a private group. Opposing counsel might also be in the group or following you.

The commentary to Rule 4-8�4 specifically warns lawyers against making statements that undermine public confidence in the legal system.7 One recent and high-profile example comes from disciplinary proceedings involving Florida attorneys. After a judge overturned a jury verdict in a racial discrimination case, the attorneys publicly criticized the ruling. One spoke to the media, while another posted online that “even when we win, it only takes one white judge to reverse our victory.” The post went viral, sparking widespread media attention and even death threats against the judge. In response, the Florida Bar initiated disciplinary action.8 This case illustrates how statements made outside of court, whether in interviews or online, can trigger professional consequences, especially when they cast doubt on the fairness or legitimacy of the legal system.

Additionally, Rule 4-1�6 on confidentiality still applies in digital spaces, even if specific names or identifying details are not includ-

ed.9 .¹⁰ Online comments can be easily shared, copied, or taken out of context. Screenshots are permanent. Videos with rants can be recorded, downloaded, and saved. It only takes one comment made in the heat of the moment. Digital spaces may feel informal, but our ethical duties remain fully in effect.

NAVIGATING GRACEFULLY: BOUNDARIES WITHOUT OFFENDING

There is an art to saying no, especially when family or friends expect quick legal fixes during a holiday gathering. Drawing the line is not about being distant.

It is about being thoughtful and responsible. Some questions deserve more than a quick answer between bites of pie.

Emotions often run high during the holidays. People may feel vulnerable or finally decide to bring up legal concerns they have been avoiding. That does not mean you are required to solve them on the spot.

A response such as, “That sounds important, and I would want to give it proper time and thought. Let’s connect next week,” shows empathy while protecting your license and your well-being.

The Florida Bar ethics guidance encourages lawyers to be cautious and clear when speaking in so-

cial settings.10 Another response might be, “That is something I would want to look at in more detail before advising you,” or, “Let’s set up a time to talk after the holidays.”

If the issue falls outside your area of practice, it is appropriate to say, “That is not my area, but I know someone great I can connect you with.” These kinds of clear but kind responses allow you to maintain professionalism while avoiding the very real risks of providing incomplete or incorrect advice in a casual setting. Rule 4-1�3 of the Rules Regulating The Florida Bar also reminds lawyers of the duty of diligence, which cannot be upheld without a proper opportunity to investigate and evaluate the legal issue.11

CONCLUSION: THE LAWYER AT THE COOKOUT, THE TABLE, AND BEYOND

Professionalism is not limited to courtrooms or client meetings. We carry our professional identity with us into everyday spaces. It appears in small moments, often when we least expect it. Whether at a cookout or the Thanksgiving table, the lawyer in the room can model calm, care, and clarity. That quiet example leaves a lasting impression.

orangecountybar.org

I The Briefs

I 23

LITERARY SOCIETY COMMITTEE

2025-2026 READING LIST Join the Literary Committee this year in reading this exciting new lineup of novels.

NOVEMBER

DECEMBER

End of the World My Brilliant and Hard-Boiled Friend Wonderland: A by Elena Ferrante : December 10 2025 New Translation DATE LED BY: Gregory Herbert

JANUARY

FEBRUARY

Song of Achilles

The Wager

by Madeline Miller DATE: January 14 2026 LED BY: Honorable Dan Traver

by David Gann DATE: February 11 2026 LED BY: Michael Barber

by Haruki Murakami DATE: November 12 2025 LED BY: Drew Thompson MARCH

APRIL

MAY

JUNE

The Martian

Neuromancer

We Do Not Part

Fever Beach

by Andy Weir DATE: March 11 2026 LED BY: David Falstad

24 I

The Briefs

by William Gibson DATE: April 8 2026 LED BY: Kim Ashby

I NOVEMBER 2025

by Han Kang DATE: May 6 2026 LED BY: To Be Determined

by Carl Hiaasen DATE: June 10 2026 LED BY: Robert Hoofman

Practice Law More Efficiently Seamless Case Management Advanced Document Automation Automated FLSSI Probate & Guardianship Forms Robust Legal Accounting & Billing Award-Winning Legal AI

LEARN MORE AT LEAP.US

orangecountybar.org

I The Briefs

I 25

VETERANS COMMITTEE

RECOGNIZING SERVICE BEYOND THE COURTROOM Lisa Gong Guerrero is a board-certified criminal trial attorney and the founder of Gong Guerrero Law, PLLC, where she focuses her practice on criminal defense.

I

n honor of Veterans Day, the OCBA Veterans Committee is proud to recognize some of our members who have served in the United States Armed Forces. We are profoundly grateful for the sacrifices they made to protect our freedoms, and we honor the courage, integrity, and resilience they demonstrated in uniform.

Their service is a powerful reminder of the strength, leadership, and dedication they continue to bring to our legal community. We extend our deepest gratitude to each of them for their service.

DEBORAH MITCHELL

US Army DSK Law Practice Area: Commercial Litigation and Insurance Defense OCBA Member since 2005

26 I

The Briefs

I NOVEMBER 2025

STEVEN WALDEN

US Army The Carlson Law Firm Practice Area: Personal Injury and Family Law OCBA Member since 2024

THE HONORABLE ROBERT EGAN

US Army Circuit Court Judge Judicial Assignment: Juvenile Dependency OCBA Member since 2003

NEAL MCSHANE

US Army McShane & McShane Law Firm, P.A. Practice Area: Criminal Defense and Family Law OCBA Member since 1979

FERMIN LOPEZ

US Army Colling Gilbert Wright Practice Area: Personal injury OCBA Member since 2005

THE HONORABLE TINA CARABALLO

JAMES D’CRUZ

THOMAS FEITER

THE HONORABLE CRAIG MCCARTHY

US Army County Court Judge Judicial Assignment: Administrative Judge OCBA Member since 2013

US Army Fighter Law Practice Area: Criminal Defense and Personal Injury OCBA Member since 2010

US Army Reserve Ball Janik LLP Practice Area: Construction Defect Litigation OCBA Member since 2017

US Army Circuit Court Judge Judicial Assignment: Domestic Relations OCBA Member since 2022

THE HONORABLE MARK MILLER

US Army County Court Judge Judicial Assignment: County Criminal OCBA Member since 2013

RAMON CASTILLO

US Army Rubenstein Law Practice Area: Personal Injury OCBA Member since 2006

orangecountybar.org

I The Briefs

I 27

LEGAL AID SOCIETY: GUARDIAN AD LITEM

ASSESSMENTS THAT STRENGTHEN ADVOCACY 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. Fla. Admin. Code. R. 65C28.014(1)(a) (2024).

2. Fla. Dep’t of Child. & Fams., CFOP 170-18 (2020).

3. Fla. Admin. Code. R. 65C28.014(4) (2024).

4. Fla. Admin. Code. R. 65C28.014(6) (2024).

5. Fla. Admin. Code. R. 65C28.014(1)(b) (2024).

28 I

The Briefs

the wealth of information it contains when developing the case plan and improving outcomes for the child and family.

Children who have been removed from their homes have endured significant trauma. Service needs are identified in the CBHA, The Role of Comprehensive Behavioral Health Assessments in Guardian ad Litem and recommendations are made on interventions that Advocacy would be of benefit to the child. When service needs n the child welfare system, a Guardian ad Litem (GAL) serves as a vital advocate for the best inter- are identified, children shall be referred to menests of children who have experienced abuse, tal health providers in the neglect, or abandonment. To carry out this role effeccommunity who accept tively, GALs must often interpret complex emotional, the child’s Medicaid Manpsychological, and behavioral challenges affecting the aged Medical Assistance children they represent. plan. If a Medicaid provider is not available, the child welfare professional shall refer to a provider in seven (7) calendar days One of the most valuthat best meets the child’s of being removed from able tools in this process 1 his or her household. The needs.4 The GAL can folis the Comprehensive Behavioral Health AssessGAL can follow up with low up with the CMO on ment (“CBHA”). A CBHA is the Department of Chilthe status of these refera Medicaid funded clindren and Families (“Derals and with providers on ical assessment that ofpartment”) and assigned when the services are initifers critical insight into a Case Management Orgaated. It is in the child’s best child’s mental and emonization (“CMO”) to eninterests that these sertional well-being. It is con- sure that the referral was vices are set up as soon as possible, as they directly ducted by licensed mental made timely and determine what the status is on impact their health, educahealth professionals who compile information from CBHA completion. Depart- tion, and placement. various sources, conduct ment policy outlines that The CBHA is also an exinterviews and observathe CBHA provider will cellent resource to assist tions in multiple settings, complete the assessment the GAL with their investiand make recommendawithin 24 calendar days gation of the case. There is tions on the service needs of receipt of the authorifamily history, health his2 for the individual. zation. The child welfare tory, observations in the When a child is in shelprofessional shall also en- home, school, and commuter status, the child welsure that the CBHA is filed nity. Information such as fare professional responsi- with the court.3 All parmental health diagnoses, ble for the case shall refer ties will have access to the medications, education inthe child for a CBHA with- document and can utilize terventions, relatives, sib-

I

I NOVEMBER 2025

lings, and overall developmental assessment are all addressed. Having this information as GAL provides a better foundation for advocacy in all these areas, whether it be related to maintaining sibling relationships, identifying potential placements, or support necessary for achieving permanency goals. The GAL may also better collaborate with other professionals who are critical team members such as caregivers, therapists, and schools.

The goal is to achieve permanency on dependency cases in one year,

however, there are various circumstances that arise which may extend the case beyond that timeline. CBHAs are limited to one per year, but a request may be made for an updated assessment. If a child is already in out-ofhome care and is exhibiting emotional or behavioral issues that might result, or may have already resulted, in the child losing his or her placement, the child welfare professional responsible for the case may refer the child for a CBHA to assist in determining services that would allow the child to maintain

Crotts Mediation

his or her placement.5 This assessment could very well be the best means of identifying needs for the child and getting those services in place resulting in stabilizing the placement.

Frequent placement disruptions have numerous negative impacts on dependent children. Minimizing those changes and maintaining stability is in the child’s best interests.

The CBHA has tremendous value in dependency cases. Abused, abandoned, and neglected children have endured significant trauma in their young lives, and it is vital

CrottsMediation.com

that needs are identified, and services set up timely. GALs, as best interests advocates, can ensure this support is in place and improve outcomes for those most vulnerable in our community.

TROY CROTTS Troy@CrottsMediation.com (727) 403-8107

Troy practiced for 37 years as a civil trial litigator and now has a statewide solo mediation practice. He is authorized to mediate in all State Circuit Courts and in the Middle and Northern Federal District Courts.

• Florida Supreme Court Certified Civil Circuit Mediator since 2022 • 31-year Florida Bar Board Certified Civil Trial Lawyer • “AV” Preeminent Rating by Martindale Hubbell • Selected as a Florida “Legal Elite”, “Super Lawyer” and “Best Lawyers in America” • Named by Best Lawyers as one of two Tampa “Lawyers of the Year” – Personal Injury Litigation (2014) and Medical Malpractice (2015 and 2023); and recently named as one of two St. Petersburg “Lawyers of the Year” – Personal Injury Litigation and Medical Malpractice • American Board of Trial Advocates – Tampa Bay Member and Executive Board Member

Focusing on medical, long-term care, premises, automobile, trucking and other general negligence claims.

orangecountybar.org

I The Briefs

I 29

1

SIDEBAR

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

Fall into Fun with YLS November kicks off the holiday season! Hard to believe how quickly this year has flown by. And yes, finally, we’re getting a little cooler weather. That means there is no excuse not to join us for a fundraising happy hour, a round of golf, or a cozy luncheon designed to keep your career moving forward. But before we dive into November, let’s take a look back at October as the leaves began to change (maybe not in Florida, but at least it’s not scorching anymore).

2

New Lawyer Training Program

October was a fantastic time to be a new lawyer thanks to this twopart learning event. The first day at OCBA headquarters was packed with practical sessions and expert advice on opening a new practice with confidence. The second day took place at the Orange County Courthouse, where participants heard directly from judges about best practices for navigating the court system with professionalism and success. Participants also received breakfast, lunch, and up to 11 CLE credit hours to help launch the next generation of legal excellence.

Halloween Party at Salvation Army

This year, justice was finally served: the Big Bad Wolf was found guilty. At our annual Halloween event, community youth enjoyed games, costumes, and even a mock trial of the infamous fairy-tale villain. YLS members played the roles of witnesses, attorneys, and even the judge, making the trial both educational and fun for the youth who served as the jury. We want to send a special thank you to our volunteers, the children celebrated Halloween with laughter, learning, and lasting memories and we could not have done this without you.

30 I

The Briefs

I NOVEMBER 2025

Michael B. Stone, Esq., Partner at Jordan Dougherty Stone LLP, specializes in commercial litigation, first-party property, general liability, and personal injury claims. OCBA Member Since 2020.

FOLLOW US!

@OCBAYLS #TogetherWeGoFar

3

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 GoodBlatt – Leo

Gator Bus Trip

What a season it has been for the Gators! Despite the ups and downs, nothing compares to tailgating in the Swamp. YLS members enjoyed a lively trip from Orlando to Gainesville filled with food, drinks, and plenty of football rivalry. From hamburgers and hot dogs to cornhole and conversation, it was a perfect day of camaraderie before watching the Gators take on the Mississippi State Bulldogs. Go Gators!

October Luncheon: Beyond the Desk

In October, we had the honor of welcoming Judge Beasley, a proud FAMU Law graduate, who shared his personal journey with our group. Law students and young attorneys joined together for a luncheon that also marked the kickoff of the YLS Mentorship Program. Judge Beasley reflected on the lessons, values, and early experiences around the fifth year of practice that helped shape his path to a successful career.

4

OTHER YLS EVENTS GOLF TOURNAMENT / November 7, 2025.

NOVEMBER LUNCHEON / November 14, 2025

BASKET BRIGADE / TBD

HOLIDAY PARTY AT ALFOND INN / December 4, 2025

STAY INFORMED: It’s hard to believe, but 2025 is already ending. We’re ending the year with incredible charitable events, festive holiday celebrations, and exciting opportunities soon to be announced as we look ahead to 2026.

Stay tuned with YLS this holiday season. Just visit our website and click “Sign Up for YLS Emails.”

WHO’S WHO 1 Santa’s Summer Soiree Happy Hour 2 YLS August Board Meeting Dinner 3 Backpack Stuffing

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

Winderweedle, Haines, et al.

10-19 MEMBERS

Colling Gilbert Wright Fisher Rushmer McDonald Toole Richman & Correnti, P.A Stovash, Case, Shay & Pearce

2-9 MEMBERS

The Aikin Family Law Group Anderson & Ferrin The Arnold Law Group Artemis Family Law Barrister Law Firm Carr Law Firm Compass Law Davey Law Group DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos Divine & Estes The Draves Law Firm The Elder Law Center of Kirson & Fuller Fassett, Anthony & Taylor Frank Family Law Practice The Fighter Law Firm

4 Luncheon with Richard Schwamm

orangecountybar.org

Haliczer Pettis & Schwamm Harris Harris Bauerle Lopez Hilyard, Bogan & Palmer Jill S. Schwartz & Assocs.

Keating & Schlitt King, Blackwell, Zehnder & Wermuth Korshak & Assoc.

Kosto & Rotella Law Offices of Brent C. Miller Lebron Law Marcus & Myers The Marks Law Firm McMichen, Cinami & Demps McShane & McShane Murphy & Berglund N. Diane Holmes P.A. O’Mara Law Group Orange Blossom Law Page & Eichenblatt Perez LaSure Sawyer & Sawyer Shannin Law Firm Stovash, Case, Shay & Pearce, P.A. Tangel-Rodriguez & Assoc.

Warner & Warner West Family Law Group Wieland & DeLattre Wilson McCoy Wooten Kimbrough Yergey & Yergey

I The Briefs

I 31

SIDEBAR: NEWS / EVENTS / UPDATES

2 OTHER VOLUNTARY BAR EVENTS

1 VOLUNTARY BARS

Annual Judicial Reception

Central Florida Association for Women Lawyers (CFAWL)

ON OCTOBER 11, 2025, CFAWL partnered with the Orange County Bar

Association’s Young Lawyers Section (OCBA YLS) for a guided hike at the Oakland Nature Preserve.

ON OCTOBER 16, 2025, CFAWL joined the OCBA for a joint luncheon featuring American Bar Association President Michelle Bennie, who delivered an inspiring address.

ON OCTOBER 22, 2025, CFAWL hosted its annual Judicial Reception at the Historic Dubsdread Ballroom.

ON OCTOBER 25, 2025, CFAWL collaborated with the Barry Law Women Lawyers Association and FAMU’s Women Lawyers Caucus to participate in the Making Strides Against Breast Cancer walk at Lake Eola.

General Body Meeting

The Paul C. Perkins Bar Association (PCPBA)

ON OCTOBER 15, 2025, PCPBA held a general body meeting titled Social Justice Unleashed: Activism in Action.

ON OCTOBER 23, 2025, PCPBA members volunteered at Carver Middle School, teaching students about the legal system and how communities can work together to change unjust laws.

ON OCTOBER 28, 2025, the PCPBA hosted a continuing legal education (CLE) program titled The Litigation Timeline: New Rules and How They Affect Your Effectiveness. This one-hour session provided Florida litigators with practical guidance on navigating the critical early phases of litigation under the updated Florida Rules of Civil Procedure.

ON OCTOBER 4, 2025 / Central Florida Association of Criminal Defense Lawyers (CFACDL) hosted its Behind the Robe luncheon, featuring the Honorable Vincent Chiu. The event, held at the Office of the Public Defender, provided attendees with an opportunity to engage with Judge Chiu over lunch and gain insights into the judiciary.

ON OCTOBER 11, 2025 / Hispanic Bar Association of Central Florida (HBACF) attended an Orlando City Soccer game together. Then on October 30, 2025, the HBACF teamed up with the PCPBA to host a happy hour titled: Spirits and Salsa. The event was held at Eola Lounge.

ON OCTOBER 18, 2025 / Greater Orlando Asian American Bar Association (GOAABA) members got a full body workout at Blue Swan Boulders in downtown Orlando. Then on October 30, 2025, GOAABA had a fun night of Karaoke at Kaya which is a Filipino neighborhood restaurant and bar located in the Mills 50 District.

These events highlight the ongoing dedication of Central Florida’s bar associations to mentorship, professional growth, and community involvement. Through their programs and initiatives, these organizations continue to inspire, connect, and empower legal professionals across the region. Can’t wait to see what’s next in store.

WHO’S WHO

3

1 Central Florida Association For Women Lawyers Annual Judicial Reception 2 Black Women Lawyers Association of Central Florida at the joint OCBA and CFAWL luncheon 3 Paul C. Perkins Bar Association October General Body Meeting

32 I

ON OCTOBER 1, 2025 / Black Women Lawyers Association of Central Florida hosted its Power Luncheon, Judging the Journey: Wisdom from the Bench featured an esteemed panel of judges who shared their perspectives on the path to the bench, the importance of authenticity in leadership, and their inspiring visions for judicial legacy and service.

The Briefs

I NOVEMBER 2025

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.

orangecountybar.org

I The Briefs

I 33

Nominations Now Open for OCBA Leadership Positions NOMINATING GUIDELINES The following elected leadership positions are open for nominations: OCBA Executive Council (One-year term for each position: June 1, 2026, through May 31, 2027.)

• Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2026, through May 31, 2029.)

• Three (3) Executive Council Seats

Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2026, through May 31, 2029.)

• Two (2) Trustee Seats

Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2026, through May 31, 2028) • Five (5) Board Member Seats

Important Deadlines Nomination Period: Open now through Friday, January 9, 2026 Election Period: February 9, 2026 through Friday, February 20, 2026 Board Appointments / Officer Installations: May 2026

1. Blank nomination forms are available on the OCBA website, under the About Us/NominationsElections section.

2. Completed nomination form(s) must be sent via email to Candice Disorbo at candiced@ocbanet.org 3. Each nomination form must be signed by no less than five (5) OCBA members in good standing.

4. For YLS nominations, the forms must be signed by no less than five (5) OCBA members in good standing, who are also YLS members.

5. Any nomination for the offices of Vice President/ President-Elect, Treasurer, or Secretary of the OCBA Executive Council shall only be accepted if the nominee has already served on the OCBA Executive Council at least one (1) year.

6. To make sure you receive your election ballot, log in to your member account on the OCBA website to check that your email address is correct, no later than December 31, 2025.

7. If you need to update your email address and do not know your username, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-4224551, Ext. 245, for assistance. If you need to reset your password, please follow the password reset instructions.

880 North Orange Ave. Orlando, FL 32801

PRSRT STD U.S. POSTAGE PAID ORLANDO, FL PERMIT NO. 2530