The Orange County Bar Association - The Briefs - August 2023

CHANGES FOR 2023

Sabrina Jadunandan explains new criminal laws that took effect this year

ADMINISTRATION OF JUSTICE Margaret Schreiber on the latest legal reforms impacting civil courtrooms

A PUBLICATION OF

IN ANY EVENT

Ashley Velez offers five tips for planning the perfect OCBA event

AUGUST 2023 VOL. 91 NO. 7

the

Contents 12 I

COMMITTED TO LEAD

Meet the Orange County Bar Association committee leaders

LETTERS FROM LEADERS

06 I PRESIDENT’S MESSAGE

Why is Empathy Important?

Amber Davis, Esq.

08 I CLERK’S CORNER

COMMITTEE UPDATES

20 I PROFESSIONALISM COMMITTEE ChatGPT, Gamma, Open AI — Oh My!

Therese A. Savona, Esq.

22 I LITERARY SOCIETY Clerk of Courts Awarded with Best Practices Excellence COMMITTEE The Honorable Tiffany Moore Russell, Esq.

10 I CHIEF’S COLUMN

Civil Divisions and the Administration of Justice

The Honorable Margaret H. Schreiber OCBA OUT & ABOUT

18 I TRIAL LAWYERS BOOTCAMP

2023-2024 Reading List

24 I CRIMINAL LAW COMMITTEE Changes for 2023

Sabrina Jadunandan, Esq. LEGAL AID SOCIETY

26 I WHAT WE DO Failure to Protect

Coravious Cowart, Esq.

28 I INTERVIEW

For the Public Good with Judge Reginald K. Whitehead Kimberly Palmer, Esq.

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SIDEBAR: NEWS / EVENTS / UPDATES

30 I VOLUNTARY BAR Alena V. Baker, Esq.

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

34 I TEACHING TIPS In Any Event Ashley Velez

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

O C B A LU N C H E O N F E AT U R E D S P E A K E R 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 Honorable

ROY B.“SKIP” DALTON, JR.

_________________

the Briefs AUGUST 2023 VOL.91 NO.7

Editor John M. Hunt Associate Editors Lauren Brusca Karen L. Middlekauff Columnists Alena V. Baker Sean Mendez-Caitlin Officers Amber Davis, President Arti Hirani, President-Elect Keshara Cowans, Treasurer Lisa Guerrero, Secretary Lauren Reynolds, YLS President Executive Council Stephanie Alcalde Michael Barber Lori Caldwell Carr Catherine Hollis Kristopher Kest Jessica McGinnis Bruce Mount Karen Persis, Ex Officio Alisia Profit C. Andrew Roy Brandon Sapp Jennifer Thomas Jessica Travis Executive Director Rob Garay Advertising & Sponsorship Manager Ursla Gallagher Marketing and Communications Manager Reatha Cruz-Johnson Design Em Agency, emagency.com _________________

Thursday, August 31, 11�30 a.m.-1 p.m. at the Citrus Club 255 S Orange Ave. Suite 1800, Orlando, FL 32801 A 1976 graduate of the University of Florida College of Law, Judge Dalton is a Fellow in the American College of Trial Lawyers and for over 25 years prior to assuming the bench was recognized as a Board Certified Civil Trial Lawyer by both the Florida Bar and the National Board of Trial Advocates. Judge Dalton serves by appointment as a member of the Judicial Conference of the United States, Committee on Information Technology and as Chair of the Space & Facilities Committee of the Middle District of Florida with oversight responsibility for all five divisional courthouses.

While in private practice, Judge Dalton was admitted to practice as a member of the trial bar in all of the Federal District Courts in the State of Florida, the United States Court of Appeals for the 5th and 11th Circuits, the United States Court of Federal Claims, and the United States Supreme Court. Judge Dalton was nominated to the federal bench by President Barack Obama in January 2011 and confirmed in the United States Senate by unanimous consent on May 2, 2011.

RSVP by Monday, August 28, 2 p.m.

Ashley Velez ashley@ocbanet.org | orangecountybar.org/store RSVPs and cancellations will not be accepted after August 28.

TITLE SPONSOR: MULHOLLAND INVESTIGATION

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PRESIDENT’S MESSAGE

WHY IS EMPATHY IMPORTANT? One thing I love about the summer is that my children are home from school. One thing that I hate about the summer is…my children are home from school. If they are not enrolled in camps or have a full day of activities planned, the iPad unfortunately becomes their go-to Amber Davis, Esq., source for entertainment. What I have noticed is a managing partner at is that when they are on their iPads too long, Wolter Van Dyke Davis, PLLC focusing primarily they tend to overreact in the moment or blow on trademark law and IP up over trivial things. Because of this, we take litigation. She has been an away the iPad for days and sometimes weeks OCBA member since 2007. at a time and limit the amount of screen time.

The ability I was discussing this with one of my friends, to under- and she recommended that I read the book Unselfie. Unselfie is written by Michele stand and Borba, and its focus is on how the use of connect electronics is creating a generation of chil(and adults) who lack empathy. This with clients, dren was both intriguing and concerning to me, colleagues, so I read the book while in Tennessee on vaand even cation a few weeks ago. opposing According to this book, teens today are 40% less empathetic than they were thirty counsel can years ago. Why is the lack of empathy so greatly en- dangerous? First, it hinders their academic performance and leads to narcissistic and hance your bullying behaviors. Second, it correlates with effective- more cheating and less resilience or grit. as the child grows it hampers their ness as an Third, ability to collaborate, innovate, and problem advocate for solve, all skills that are necessary to succeed your client. in school, relationships, work, and just life

in general. This is not limited to children, as studies show that because of things like social media, email, Zoom, and less in-person interaction during and after the pandemic, adults are also lacking empathy. Too much screen time and not enough face-to-face communication gives us fewer chances to practice empathy. One thing that made me feel much better is that empathy is something that can be taught, and if you are concerned

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about your own children and their lack of empathy, the book has a ton of different tools on how to practice empathy at home and in everyday conversations with your children.

In our profession, empathy is also very important. In fact, I think it is a crucial skill that often separates exceptional attorneys from the rest. The ability to understand and connect with clients, colleagues, and even opposing counsel can greatly enhance your effectiveness as an advocate for your client and your ability to generate work for yourself and your firm. Empathy involves more than just sympathy or feeling sorry for someone. Instead, it involves actually comprehending and sharing in another person’s emotional experience. Developing empathy allows us to grasp our client’s perspective and navigate complex legal issues with a deeper understanding of the human impact involved. Unselfie emphasizes that empathy can be learned and honed, debunking the myth that it is an innate characteristic or personality trait that we inherit.

TIP 1: WALK A MILE IN THEIR SHOES. As at-

torneys, immersing ourselves in our client’s world is crucial. Spend time actively listening to their stories, fears, and desires. Understanding their experiences and concerns will enable you to better address their legal needs, what is really driving them in the case, and what they want out of the case.

TIP 2: NONVERBAL COMMUNICATION MATTERS. Mastering nonverbal cues can signifi-

cantly enhance your empathetic skills. Pay attention to facial expressions, body language, and tone of voice, as they often convey emotions that words fail to capture. If you are attune to your client’s nonverbal cues or better yet the Judge’s, you will know how to appropriately tailor your arguments or discussion points.

TIP 3: STEP OUTSIDE THE LEGAL BUBBLE.

Attorneys tend to become engrossed in the legal issues and intricacies of the case, unintentionally distancing themselves from the client. It is important to connect with your client about more than just the legal issues they retained you for. The majority of my clients know the names of my kids, where they go to school, that I love to play tennis, and that my family is very sports centric. They know this because I have an actual relationship with my clients that is beyond just helping them with a trademark or response to a cease-and-desist letter.

This is one of the reasons they continue to rely upon me. Because they have a personal connection and relationship with me, not just a transactional one.

TIP 4: EMBRACE IMPERFECTION. Attorneys

are known for their attention to detail, but when it comes to empathy, perfection can be a hindrance. Accept that you will not always have the perfect solution or immediate answers for your clients. Sometimes, showing vulnerability and acknowledging uncertainty can deepen the trust between you and your client. Frankly, we are not expected to know everything, and it is entirely appropriate to say “You know…I am not entirely sure, but I will find out the answer for you.”

Empathy is not just an interpersonal skill, but a powerful tool that can elevate your practice.

By internalizing the insights from Unselfie and incorporating these tips into your practice, you can foster stronger connections with clients, colleagues, referral sources, and all those you encounter throughout your profession. Doing this will create life-long clients and referral sources as well as create a much more rewarding experience for you and your clients. So I would encourage everyone to read the book, embrace empathy, and remember that you do not have to sacrifice professionalism to infuse your practice with a little touch of humanity.

New Look

INTRODUCING THE MAGAZINE’S

The Orange County Bar Association is proud to present a bold, new style for The Briefs.

Our association magazine is a member benefit that has been long overdue for an update. The focus of this redesign was to align The Briefs more closely with the OCBA brand, without changing its core elements. It’s all the same content our members value, in a package that is brighter, more modern, and easier to read and enjoy.

A few of the more noteworthy improvements include: • Streamlined content structure • Simplified navigation (no more page jumps!)

• Clearer distinction between ads and editorial • Larger typefaces for easier reading in print and online • OCBA-branded fonts and colors • More space for images, quotes, charts, etc.

We hope this redesign makes The Briefs more useful as a resource for you to stay informed and grow your practice.

Tell us what you think!

Visit bit.ly/BriefsFeedback to share your thoughts.

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CLERK’S CORNER

The Honorable Tiffany Moore Russell, Esq.,

Orange County Clerk of Courts, has been a member of the OCBA since 2004

ORANGE COUNTY CLERK OF COURTS AWARDED WITH BEST PRACTICES EXCELLENCE I am very proud of my staff after the Florida Court Clerks & Comptrollers (FCCC) recently recognized my office as part of its Best Practices Excellence Program.

Recognition of Excellence certificates for completing assessments that evaluate acceptance of certain best practices.

Finally, I am also excited to announce that It is an honor My office was one of 37 Clerk of Courts I was installed as President-Elect of the to serve and across the state recognized under this Florida Court Clerks and Comptrollers (FCCC) 2023-2024 Board of Directors. I’ve program which requires numerous continue assessments to achieve the honor. My office been serving on the Board of Directors of the to have was awarded for 9 out of 10 best practices in Clerks and Comptrollers member association since 2016, and I will serve as Presidentstatewide the following areas.

Elect for one year before taking the helm as influence • Appeals President next year in 2024. which in • Court Record Retention and Destruction It is an honor to serve and continue to have • Evidence Storage and Destruction turn helps • Exploitation of Vulnerable Adult statewide influence which in turn helps my office serve our local community. I look formy office Injunction ward to working with clerks across Florida Audits serve •• Guardianship as we continue to concentrate on innovation Reporting Mental Health Cases to State to provide the best possible service to our our local Agencies legal community and the public. community. • Requests to Redact Exempt Personal Information • Risk Protection Orders • Unclaimed Funds

This is the third year my office has been awarded with these best practices which help increase efficiency, promote better customer service, and more effective collaboration with our justice partners.

Florida’s Clerks and Comptrollers have collaborated on Best Practices for nearly 20 years. The Best Practices Excellence Program was established in 2020 as an opportunity for Clerks to receive

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CHIEF’S COLUMN

CIVIL DIVISIONS AND THE ADMINISTRATION OF JUSTICE

George Washington once said: “The administration of justice is the firmest pillar of government.” The 14 circuit civil judges in Orange and Osceola counties are working diligently to continually strengthen and supThe Honorable port that “pillar of justice” for the roughly 1.9 Margaret H. Schreiber is the Administrative Judge million people who live here. Our dedicatfor Orange County Civil. ed judges take on overcrowded dockets and She was appointed to the emergencies with a sense of purpose that bench in 2011 and has been an OCBA member begins anew with every case that comes besince 2011. fore them. They are joined in that endeavor by a General Magistrate and a cadre of staff attorneys, case managers, and judicial assistants. Allow me to introduce our civil judges.

her division until a new judge is appointed.

In Osceola County, all PGMH is handled by our two general civil judges. Our Chief Judge has also approved the hiring of a badly needed guardianship coordinator.

into a probate division and a guardianship and mental health division. Effective January 1, 2023, a third judge was added with Judges Alice L. Blackwell, Leticia Marques, and Mike Murphy evenly dividing the work. Sadly, we bid a fond farewell to Judge Blackwell (and her 31 years of experience) who retired on June 30th. Chief Judge Munyon will cover

The Tort Reform Act resulted in what can only be called an explosion of case filings. As you can see from the chart (opposite page), each judge received approximately 1,000 cases in March alone. Our judges are committed to effective case management, which is certainly helping us to absorb the impact of the March filings. We recognize that our current case

In addition to myself, the eight judges in the general civil division include Judges Denise K. Beamer (who also serves as the Associate Administrative Judge), Jeffrey Ashton, Vincent Chiu, A. James Craner, Vincent Falcone III, Eric Netcher, Heather Pinder Rodriguez and, in Osceola County, Chad K. Alvaro and Tom Young. The range of cases in general civil is too broad to list, but includes personal injury, breach of contract, foreclosure, collection, zoning, partition, easements, eminent domain, tax, actions to determine the title and boundaries of real property, declaratory judgments actions, and requests for injunctions.

Today, with increasing Judge John E. Jordan presides over both Orcase num- ange and Osceola Business Courts. In fact, our bers and Orange County Business Court (established in 2004) is the first Business Court in the state! decreasing Since then, Dade, Broward, and Hillsborough opportuni- followed suit. Effective January 3, 2023, Os- The case numbers in general civil have been became the fifth. Business Court cases incredibly impacted by the passage of HB 837 ties to infor- ceola range from business disputes, complex con(the “Tort Reform Act”) which went into effect mally chat struction cases, shareholder derivative actions, on March 24th. HB 832 (i) cuts the statute of limitations for filing negligence lawsuits from with your and non-compete/non-disclosure claims.

Business Court is hosting an Open House on to 2 years; (ii) changes Florida’s comparacolleagues, October 13, 2023. Please join us! (RSVP online 4tive negligence system from a “pure” comparit’s about the at ninthcircuit.webex.com/meet/ctjujj1.) ative negligence system to a “modified” one; business of In Orange County, our probate, guardianship, (iii) limits “one-way” attorney fees provisions; (iv) changes the calculation of medical damand mental health (“PGMH”) divisions have practicing three judges, supported by a General Magis- ages; (v) requires criminal actors be added to law in a dig- trate and two guardianship coordinators. We a verdict form; and (vi) creates a presumption against liability for multifamily complexes expanded from a single judge who handled ital world. everything to two judges who divided cases with the implementation of security measures.

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Circuit 9 Civil Case Numbers Year Over Year 2021 JAN: 1,152

FEB: 1,453 MAR: 1,509

2022 JAN: 1,128

Osceola: 247 / Orange: 905 Osceola: 313 / Orange: 1,140 Osceola: 350 / Orange: 1,159 Osceola: 267 / Orange: 861

FEB: 1,092 MAR: 1,152

Osceola: 242 / Orange: 850

2023 JAN: 1,025

Osceola: 256 / Orange: 769

FEB: 1,063 MAR: 12,004

Osceola: 337 / Orange: 974

Osceola: 261 / Orange: 802

Osceola: 2,591 / Orange: 9,413

management order needs some tweaks — look forward to that happening once a new rules package is adopted by the Florida Supreme Court!

Nearly every civil judge has their policies and procedures posted on their individual website. That’s a great place to start when asking questions about a judge’s individual procedures, such as how to set a hearing, how to handle emergencies, whether remote or in-person hearings are required, how to send preparation materials to the judge, and many others. If you cannot find the answer on the website, please email the judicial assistant and give him/her time to respond (usually 24 hours).

Only then should you call the judicial assistant.

All our civil courts are riding a tidal wave of cases. Gone are the days of setting a hearing, driving to the courthouse, parking, walking into the hearing room with dozens of other attorneys, chatting with the attorneys and with the judge in a casual setting, and learning by watching attorneys handle their hearings. Gone too is the opportunity to casually converse and to bring up the potential of settlement discussions in a face-to-face environment. Many disputes and cases were resolved amicably just outside the hearing room doors. Today, with increasing case numbers and decreasing opportunities to informally chat with your colleagues, it’s about the business of practicing law in a digital world. This transition has necessarily been hastened by COVID and practicing law in a COVID world.

These changes are permanent, and our circuit civil judges have done a fabulous job of ensuring that justice — the firmest pillar of our government — remains strong.

ATTORNEY

MICHAEL LYNN MOORE

HAS BEEN APPOINTED

CHAIRMAN OF THE CITRUS CLUB BOARD OF GOVERNORS FOR 2023

The Citrus Club, in downtown Orlando, is where a diverse group of community leaders gather to elevate and enhance business and social connections.

A graduate of Jones High School in Orlando, Mr. Moore has been practicing law in the State of Florida since 1990 and operates a full service law firm. He has been a member of the OCBA since 1990.

Mr. Moore practices in the areas of business and corporate law, representing clients with domestic and international interests, mergers and acquisitions, and also practices entertainment law.

255 S Orange Ave., Ste. 1800 Orlando, FL 32801 407-843-1080

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COMMITTED

TO LEAD MEET THE

B

Orange County Bar Association committee leaders

elonging to committees is a wonderful way to build your practice, network, learn about business solutions from sponsors, and keep abreast of changes in the law and trends in your practice area or allied areas of law. Committee members also have opportunities to develop and present seminars as well as publish articles in the Briefs and online.

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We are proud to recognize the dedicated members who take on the leadership role of Chair or Co-Chair to keep our committees thriving.

Joining a committee is free to all members. To join a committee, log in to your membership profile and select the committees in which you are interested. Your information will be sent to the committee chairs.

5K Committee Kelsey Weiss Chair

Assists in developing the plan and execution for the OCBA Annual 5K Run and to encourage attorneys to participate and support the event.

ADR Committee Alan Apte.

Chair

Julie O’Kane Co-Chair

Serves as a resource for attorneys interested in alternative dispute resolution, providing information on relevant events, services, and educational opportunities.

Appellate Practice

Committee

Aims to facilitate collaboration among appellate practitioners by providing a Mary Walter Arda Goker Chair Co-Chair forum for discussion, education, and networking, as well as promoting excellence in appellate practice through events, publications, and other resources.

Bankruptcy

Civil Rights Law Committee

Dedicated to advancing civil rights and liberties through education, advocacy, and community outreach. The committee strives to promote diversity and inclusion in the legal profession and empower victims of discrimination or other civil rights violations.

Community Service Committee

Organizes events and initiatives to support various charitable organizations and causes, as well as to promote pro bono work and public service among attorneys.

Rebecca Smith-Hameroff Chair

Brittany Melendez Co-Chair

Construction Committee

Dedicated to enhancing the legal representation of property owners, architects, engineers, contractors, subcontractors and others in the construction industry.

Committee Kate McCaleb Matthew Chair McCaleb, Co-Chair

Generally oriented toward the consumer bankruptcy practitioner, who is usually a solo or smaller firm.

Business Law Committee Jake Herrel Chair

William Girou Co-Chair

Michael Kelley Chair

Enhances the professional development of business law practitioners by providing a forum for the exchange of ideas and issues of mutual interest. This committee encompasses a wide range of disciplines, including commercial and construction litigation; intellectual property; ERISA; franchise law; corporate governance; securities; commercial real estate; mergers and acquisitions and many more.

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COMMITTED TO LEAD

Criminal Law Committee Steve Kerestes Chair

Sabrina Jadunandan Co-Chair

Facilitates interaction and promotes goodwill among criminal law practitioners, including judges, public defenders, private defense lawyers, and prosecutors. This Committee undertakes many projects and activities that are designed to be of benefit to criminal law practitioners. Its three principal projects are (1) to prepare and maintain a directory of the judges of the criminal law bench in Orange County, (2) to sponsor CLE seminars, and (3) to present the Gary L. Formet, Sr., Award.

Estate, Guardianship & Trust Committee

Diversity & Inclusion Committee

Provides education, resources, and programming to support diversity and inclusion initiatives and to foster a culture of inclusion within the Association.

Annie L. Blanc Chair

Reginald Guillaume Co-Chair

“A leader isn’t someone who forces others to make him stronger; a leader is someone willing to give his strength to others that they may have the strength to stand on their own.”

—Beth Revis, author

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Discusses changes in our areas of law and procedures in the local court system. This Stacey Schwartz Jeanette Mora Chair Co-Chair committee meets each month to provide encouragement, information, and assistance in our areas of practice; to better one another in our field of law. The committee also conducts seminars and participates in OCBA activities. We also have subcommittees to deal with pertinent issues affecting committee members.

Family Law Committee

Provides attorneys practicing or interested in the field of family law a means to further their knowledge and enhance their ability Conti Moore Sonica Cinam to counsel clients. The committee holds Smith, Chair Co-Chair monthly meetings at which accountants, mental health experts, judges, attorneys, and others present information of importance to family law practitioners.

Immigration Law Committee

Promotes understanding of the fundamentals and nuances of immigration law. The John Gihon Natalia Gove Chair Co-Chair committee organizes CLE events annually, assists with coordination of naturalization ceremonies to swear in new United States citizens in federal district court, and provides a network of immigration law practitioners to brainstorm evolving immigration law developments.

Elder Law Committee Jeanette Mora Chair

Beth Roland Co-Chair

Provides attorneys practicing and/or interested in the field of elder law a means to further their knowledge in elder law and enhance their ability to counsel clients.

Labor & Employment

Health & Wellness Committee

Promotes the well-being of legal professionals in Orange County through education, resources, and support. The committee seeks to address the unique challenges and Sean P. stressors faced by lawyers and other legal professionals McCormack Chair and provide tools and strategies for managing mental health, physical health, and overall wellness. The committee also aims to reduce the stigma surrounding mental health and encourage a culture of selfcare and support within the legal community.

Insurance Committee

Provides education and resources on the latest developments and trends in insurance law, as well as opportunities Jason A Breslin XiXi Li for networking and professional growth.

Chair Co-Chair Additionally, the committee aims to promote excellence in the field and to foster positive relationships between insurers and policyholders.

Intellectual Property Committee

Provides resources and support to attorneys practicing in the field of intellectual property law, including patent, trademark, and copyright law. The committee offers edAmaris Gyebi ucational programming, networking opportunities, and Chair other resources to help attorneys stay up-to-date on the latest developments in this complex and rapidly-evolving area of law.

International Law Committee

Provides a forum for discussion of legal and business issues that are impacted by international law, to share knowledge and expertise on these issues, and to promote the professional Emma Pinder Chair development of its members in the field of international law. The committee also aims to foster relationships between members of the legal community and businesses engaged in international commerce.

Committee

Encourages shared learning, collegiality, and networking among labor and employment practitioners.

Justin McConnell Chair

Law Week Committee

Plans a series of community outreach events to celebrate the role of law in our society and cultivating a deeper understanding of the legal profession.The Law Week Committee begins meeting in December, and partners with local organizations, schools, and groups such as Boys & Girls Club, the Boy Scouts, and the Girl Scouts for events such as High School Mock Trials, Big Bad Wolf Mock Trials, a Poster & Speech Contest, a Naturalization Ceremony, job shadowing at the Orange County Courthouse, a Pathways in Law Program, and the Law Explorers Merit Badge. “Law Week” culminates with the OCBA Law Week Luncheon in April of each year, where the Committee presents an overview of that year’s program, announces the winners of the Poster & Speech Contest, and presents awards to people and organizations who promote civic engagement in the community.

Brandon Sapp Chair

Jill Davis Co-Chair

Judicial Relations Committee Brian Sandor Chair

Michael Kelley Caitlin Emling Co-Chair Co-Chair

Fosters positive relationships between attorneys and the judiciary. The committee works to promote professionalism and respect in the legal community, as well as to provide education and resources on the latest developments in the legal system. Additionally, the committee serves as a liaison between the OCBA and the local judiciary, helping to promote open communication and collaboration.

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COMMITTED TO LEAD

Lawyer Referral & Information Service (LRIS) Committee

The LRIS is a service that connects community members with legal needs with the best attorney to address them.

The client can discuss their legal issue with the LRIS Panel attorney for no charge for the first 30 minutes. In exchange, the OCBA collects 15% of legal fees collected after the first 30 minutes of consultation. Becoming an Skiles Jones Chair OCBA LRIS Panelist offers a trifecta in benefits to an attorney, regardless of how long they have been practicing: One, it serves the community; two, it helps practices grow and gain exposure; and three, it generates revenue for the OCBA.

Lawyers Literary Society Dorothy Green Chair

Committee

A forum for legal professionals to engage in thoughtful discussions on literature and its impact on their profession.

The committee meets 10 times a year to discuss a selected book (see p. 22) and occasionally hosts literary events such as author talks.

Membership Committee

Serves as a vital link between the OCBA and its Michael Barber, Chair members. This committee is responsible for member recruitment, retention, and development of programs and initiatives to ensure that the OCBA remains responsive to the changing needs of its members.

Parents in the Law Committee

Provides support and resources to attorneyparents, with the aim of promoting work-life balance and addressing the unique challenges faced by attorneys who are also parents.

Professionalism

Committee

Upholds the highest standards of professionalism in the legal profession and advoTherese Savona Nikita Hinton Chair Co-Chair cates for professionalism in the legal community. This committee works to educate attorneys and law students about the principles of professionalism — honesty, integrity, civility, and respect for the rule of law — and develops resources on maintaining and improving professional conduct to ensure that the legal profession remains dedicated to serving the public interest and promoting the administration of justice.

Real Property Law Committee

Provides a forum for attorneys to discuss and collaborate on legal issues related to real estate law. The committee hosts educational events and offers resources to help attorneys Jimmy Pham stay up-to-date on developments in this area of the law. The Chair committee also provides opportunities for networking and building professional relationships within the real estate legal community.

Social Security Committee

Provides a platform for attorneys to share knowledge and collaborate on legal issues related to Social Security law. The committee offers educational opportunities and resources Sarah Jacobs to help attorneys stay informed on developments in this Chair area of the law. The committee also serves as a networking and support group for attorneys practicing in the field of Social Security law.

Social

Committee

Elizabeth Jessica Espiritu Plummer, Chair Co-Chair

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Provides networking opportunities for OCBA members, Kate Hollis Jessica Travis Dana Alberga Co-Chair Chair Co-Chair and encourage camaraderie and professionalism among attorneys, the judiciary and the legal community.

Solo & Small Firm Committee

Provides resources and support for solo practitioners and small firms in central Florida.

Todd Smith Chair The committee organizes networking events, CLE programs, and other educational opportunities to help solo and small firm attorneys succeed in their practices. Additionally, the committee advocates for the unique needs and interests of solo and small firm practitioners in the legal community.

Technology

Committee

Provides a forum for government attorneys Talia Boiangin Arda Goker Chair Co-Chair and private practitioners to share ideas, information, and resources on the efficietnt and appropriate use of emerging technologies that have the potential to impact the legal industry.

Veterans

Committee

Serves as a resource for veterans in the community Mike Stone Alexis Carter Chair Co-Chair by providing access to legal services and assistance in navigating the legal system. The committee also works to increase awareness of legal issues affecting veterans and advocates for their rights and benefits.

Additionally, the committee aims to support and recognize the contributions of veterans within the legal profession.

Workers’ Compensation

Committee

Provides education, resources, and networking opportunities for attorneys practicing in the field of workers’ compensation law. The committee serves as a liaison between the OCBA and the workers’ compensation community, working to promote fair and efficient resolution of workers’ compensation claims. Additionally, the committee strives to promote professionalism and ethical behavior among workers’ compensation practitioners.

Neil Ambekar Chair

Joe Coughlan Co-Chair

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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.

orangecountybar.org

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I 17

JUNE 2, 2023

TRIAL LAWYERS BOOTCAMP Aspiring trial lawyers learned from state and federal lawyers as they recreated the fictional trial of Al Capone for the St. Valentine’s Day Massacre. The day also included a panel with federal judges on what they look for in a trial lawyer.

Our panel judges, moderators, and speakers for the 2023 Trial Lawyers Bootcamp. This event wouldn’t be a success without this group

1

2

3

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I AUGUST 2023

1 OCBA President Amber Davis on the witness stand as a demonstration of Cross-Examination of Alphonsine “Al” Capone 2 Panel Discussion of Case Analysis, Theory of the Case, Civility, and Professionalism with Ninth Circuit and federal judges 3 Attendees engaged in the closing arguments of the trial

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orangecountybar.org

I The Briefs

I 19

PROFESSIONALISM COMMITTEE at the end of the document?

Should the use of AI be incorporated into the Rules Regulating the Florida Bar? Our legal profession requires practitioners to act in good faith, towards each other, towards our clients, and certainly towards the judiciary. The Florida Rules Regulating the Bar require attorneys to present positions grounded in fact or law, or that could be an extension or modification of existing precedent.1 At a minform. This is not a law school imum, this requires using hypothetical but an unforcase law that exists and facts tunate cautionary tale that that are in the record. garnered attention when an Many emerging AI techattorney did just that. nologies are geared to proLegal profession, meet viding answers the platartificial intelligence. forms think you want, To better understand AI, regardless of whether they I looked at Chat GPT and exist. But, these technoGamma before tackling this logical parameters are not Ethical concerns in the era of AI. article. In seconds the AI grounded in the authoriplatforms generated matenother day, another motion to draft and file. ties that form the foundaTime is money, and time is ticking. Artificial in- rial on complex topics and tions of legal principles. formatted presentations telligence platforms are at your fingertips. You Even in their beta phases, recall seeing how this new adaptive technology can gen- complete with graphics and AI platforms such as Chat authorities. Intriguing as it GPT and Gamma do not erate information at a high rate of speed. You turn to this technology to produce one of your many motions and the was, the generated informa- have access to the private, tion lacked the voice I imag- well-known legal research technology provides a polished, cogent argument with case citations in seconds. You use this as the basis of your ined for this column. I have engines that have become synonymous with legal remotion and file it with the court. You are relieved that you been told that the AI techsearch. The AI platforms do, have one less task on your plate and one less complex ar- nology wants to be interacted with and that I could however, have access to any gument to tackle, until an Order to Show Cause why you ask it questions to revise publicly available inforshould not be sanctioned is entered by the court on the and revamp the informamation prior to September basis that the case law in your motion is non-existent. tion to be more in line with 2011. While it is possible what I was looking for. That that case law, statutes, and is where I drew the line. procedural rules produced How will AI change the As a mea culpa, you reformulating your motion by these platforms in a legal ethical considerations for document could be correct, spond to the Order via affi- and that you did not indethere is no guarantee that davit acknowledging your pendently verify the author- attorneys? If used, should use of the AI platform in ities provided by the AI plat- there be a required disclosure the authorities are correct.

ChatGPT, GAMMA, OPEN AI — OH MY!

A

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I AUGUST 2023

In the legal realm, there are several AI programs that are being tested and are still in beta. These legal specific programs allow the user to upload documents. Another hurdle arises regarding privilege, inadvertent disclosure of confidential information, claw-back rules, and protective orders since once the information in the document is uploaded, it is now “in the cloud” and can be drawn on for other requests.

AI platforms want to provide the user with a very convincing answer, even if the platform lacks any substantive basis for the specific request. When a question is posed where information is lacking, the platform “hallucinates” an answer. In other words, the answer is a known falsity by the platform which is provided for no other reason than the AI platform’s desire to provide you with a response. Now, replace the AI platform with a lawyer, and a judge as the AI user. Under that altered scenario, an answer or argument that is provided and not formulated on existing law or facts, and is not seeking to change existing law, is a frivolous argument.

Introducing any new product or service requires a period of adaptation. I still recall a popular morning news program discussing “the World Wide Web” and “electronic mail” as foreign concepts. Some

FULFILL YOUR LEGAL AID REQUIREMENT

4 Ways

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

2. Be a Guardian ad Litem (GAL) and Therese A. Savona, Esq., is

Board Certified by the Florida Bar in Appellate Practice. She handles appeals in Florida’s appellate courts and the Eleventh Circuit Court of Appeals, and provides litigation support to trial attorneys.

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.

may say AI will replace lawyers based on the rapid rate it can generate a document or presentation. AI products will likely boast of the efficiency related to work tasks. Yet, efficiency does not equate to ethics.

On its own, AI might not be Icarus; with the unscrupulous attorney, it might be.

Yes, we are at the advent of technological advances when it comes to practicing law. However, AI does not account for ethical considerations or possesses judgment. Attorneys do.

Practicing law is more of an art than a science, and “good faith” is more cerebral than linear algorithms that can comb through multiple layers of publicly available information. At least, for now.

®

Improving Lives

1 See R. Reg. Fla. Bar 4-3.1.

orangecountybar.org

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I 21

LITERARY SOCIETY COMMITTEE

2023-2024 READING LIST

JANUARY

APRIL

Demon Copperhead

Anxious People

Join the Literary Committee this year in reading this exciting new lineup of novels.

SEPTEMBER

NOVEMBER

by Barbara Kingsolver DATE: Jan 10 LED BY: Honorable Karen Jenneman FEBRUARY

Horse

by Geraldine Brooks DATE: Sept 13 LED BY: David Falstad OCTOBER

Blood Meridian

by Cormac McCarthy DATE: Nov 8 LED BY: Andrew Thompson DECEMBER

All Systems Red: The Murderbot Diaries

by Martha Wells DATE: Oct 11 LED BY: Robert Hoofman

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The Gun Seller

by Hugh Laurie DATE: Dec 13 LED BY: Anna Palmer Darkes

I AUGUST 2023

The End of the Affair

by Graham Greene DATE: Feb 14 LED BY: Kim Ashby

by Frederik Bachman DATE: April 10 LED BY: Mark Elliott MAY

The Soul of Baseball

by Joe Posnanski DATE: May 8 LED BY: Honorable Dan Traver

MARCH

JUNE

White Noise

Brooklyn

by Don DeLillo DATE: March 13 LED BY: Dotty Green

by Colm Toibin DATE: June 12 LED BY: Michael Barber

T rust us

TO TREAT YOUR CLIENTS AS WELL AS YOU DO.

ADRsource is pleased to have OCBA member Bob Henry on our panel of distinguished neutrals, along with Scott Baughan, Andy Hament, and Richard Lord.

Robert (Bob) Henry

Bob has been a Florida Supreme Court Certified Circuit Civil Mediator since 2006. Over the course of four decades of trial practice, Bob has gained insights that help him assist parties in the effective resolution of disputed claims. Put Bob’s experience in tort and commercial litigation and dispute resolution to work for you and your clients.

To learn more about Bob and our other neutrals or to

By the time your clients seek family counsel, they’ve already been through a lot. We’re here to ease their burden, and yours.

Even though you can’t handle all their legal issues, you can hand them over to a lawyer who treats them as well as you do.

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orangecountybar.org

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I 23

CRIMINAL LAW COMMITTEE

CHANGES FOR 2023

vant to day-to-day practice and networking opportunities to foster camaraderie.

Particularly this year, criminal law practitioners will face some significant changes in Florida law. NoThis year’s upcoming tably, Florida HB 543 will revisions to Florida Law. amend section 790�01, Florida Statutes, “to authoo area of law is quite as exciting and encompassing as criminal law. There is always a scan- rize a person to carry a concealed weapon or a condalous and salacious story with criminal law. cealed firearm if he or she Criminal law has real world implications in other major is licensed to do so.”1 Curareas of law such as immigration law and family law.

There is a reason why criminal law inspires so many true rently, a violation of section crime documentaries, TV shows, and novels. It is an ex790�01 is punishable as a citing field to practice, and criminal law practitioners are third-degree felony.2 the weathered warriors of the courtroom. Criminal law atThe amendment in the torneys take pride in being protectors and defenders of statute provides that carthe law. We are responsible for ensuring that the criminal rying a concealed firearm justice system actually works, and we demand justice, re- is still a violation punishgardless of the side we are on. able as a third-degree felOn a smaller scale of justice, practicing criminal law ony if the person does not requires a community of professionals who will proverbi- meet the licensing requireally “duke it out in court and get a drink after.” This brings ments in section 790�06, us to the goal of the Criminal Law Committee.

Florida Statutes.3 Pursuant to section 790�06, one of the licensing requirements

N

It is our mission to encourage our community of criminal law practitioners to not just work together, but also come together as colleagues beyond our adversarial roles in the courtroom. Both Offices of the State Attorney and the Public Defender employ scores of newly barred attorneys every year. Moreover, those attorneys are brand new to our profession and to our local community. Beyond the scope of the courtroom and finally grasping what

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hearsay means outside of a law school classroom, on a larger scale, criminal law is the first foray many attorneys have in law and their individual careers. While some of those attorneys shift their careers into private defense practice, most attorneys continue their careers and professional growth in various areas of law. This year, the main goals of the Criminal Law Committee are to provide opportunities for newer attorneys to attend CLEs rele-

I AUGUST 2023

to lawfully possess a firearm include “being a lawful resident or citizen of the United States or a permanent resident alien of the United States.”4 Several laws were implemented on July 1, 2023, that directly affect immigrants and the burden of proof the State must show in order to sustain the charge of carrying a concealed firearm.

While it is difficult to anticipate how HB 543 will affect the overall crime rate in our community and those defendants currently charged with Carrying a Concealed Weapon or Firearm, the Criminal Law Committee will be hosting CLEs on the parameters of the law and its application in our Circuit Courts.

Included in the laws that took effect on July 1, 2023, is SB 1718. SB 1718

The law evolves and adapts constantly and as attorneys, and we must be ready for it. We have a responsibility to our clients and the courts to not just be competent in the law, but adept at it.

creates a new statute, section 322�033, Florida Statutes, that “specifies that certain driver licenses and permits issued by other states exclusively to unauthorized immigrants are not valid in this State.”5 Currently, under section 322�03, Florida Statutes, “a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license” and is punishable as a second-degree misdemeanor.6 In practice, county courts are inundated with No Valid Driver’s License cases with many de-

fendants facing the charge being undocumented immigrants. In negotiations, defense attorneys will provide a valid driver’s license from another State to obtain a favorable outcome for their clients. With section 322�033 specifically targeting undocumented immigrants, it is a question for criminal practitioners and judges alike how the application of the new law will affect courtroom dockets.

While Carrying a Concealed Firearm and No Valid Driver’s License may not be material worthy of TV shows and novels, it is part of our reality as crim-

inal law practitioners. The law evolves and adapts constantly and as attorneys, and we must be ready for it. We have a responsibility to our clients and the courts to not just be competent in the law, but adept at it. The Criminal Law Committee will be here to spearhead efforts to educate and inform on case law updates Sabrina Jadunandan, Esq., is and substantive CLEs and a Managing Partner at MC&J Law, provide networking opPLLC. Her primary area of practice portunities for criminal is criminal defense, with her favorite area being DUI Defense. practitioners.

1 Fla. HB 543 (2023).

2 § 790.01(2), Fla. Stat. (2022).

3 Id. 4 § 790.06(2), Fla. Stat. (2022).

5 Fla. SB 1718 (2023).

6 § 322.03(1), Fla. Stat. (2022).

She has been a member of the OCBA since 2015.

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orangecountybar.org

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I 25

LEGAL AID SOCIETY: WHAT WE DO

FAILURE TO PROTECT

child’s safety, well-being, and physical, mental, and emotional health.” See § 39�522(4), Fla. Stat.

Although the parents have ample opportunity to A look at expediting the termination complete their case plan of a parent’s rights. tasks and have the children reunified with the parents, that opportunity is ix and nine. These were the respective ages of balanced against the chilsiblings Isabelle and Selena when they were first dren’s right to achieve persexually abused by their stepfather. I will spare manency in a timely manyou the horrendous details of their experience. ner, usually within one year Eleven. This was Selena’s age when she disclosed the of removal, and if a parent abuse to her mother. Those disclosures would unfortuis not working diligently towards completing their nately fall on deaf ears. The mother took no real steps to stop or prevent the abuse. She did not contact the author- case plan tasks, the Departities. She did not remove the stepfather. The most she did ment of Children and Famwas install a lock on the girls’ bedroom door — a lock she ilies or the GAL can file a petition to terminate the then forbade the girls from using. The stepfather continued to perpetrate the sexual abuse for several more years. parents’ rights based upon the lack of completion of the case plan. I labeled this permanency scenario as a “typical” case because in most of the cases we see, Fourteen and 16. These are related to the reason for the removal of the chilwere the sisters’ ages dren. In order to have the when, after finally realchildren safely returned izing their mother would to their care, a parent never protect them, they disclosed the abuse to must meet “conditions for school personnel, who return,” meaning they must contacted the appropriate have remedied the circumauthorities. This led to the stances that caused outremoval of the girls and to of-home placement to the arrest of the stepfather. the extent that the return In a typical case, a parof the child to the home ent is given a court-orwith an in-home safety plan prepared or approved dered case plan where by the department will they are required to comnot be detrimental to the plete certain tasks, which

S

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parents are given an opportunity to complete a case plan and have their children returned to their care.

Unfortunately, for some children who enter the foster care system, the abuse or neglect they experience is so severe and egregious, that it necessitates having a mechanism to pursue the immediate severing of the parent-child relationship.

These are known as Expedited Termination of Parental Rights (TPR) proceedings. These are often cases where we see some of the most heinous conduct perpetrated against children, such as conduct that has resulted in the death of one parent by the other parent, sexual abuse of a child by a parent, or severe physical abuse or neglect.

Those examples likely lead you to the conclusion that parents who inflict that type of damage upon

Parents who inflict that type of damage upon their children obviously should have their parental rights terminated. But what about those situations where a parent knew about the abuse but failed to act? their children obviously should have their parental rights terminated. But what about those situations where a parent knew about the abuse but failed to act?

What about Isabelle and Selena? What about ensuring that children like them no longer have to continue a relationship with a parent who repeatedly took no action to protect them from continued abuse?

Thankfully, there is a piece of legislation directly on point for this all-too-frequent scenario.

Section 39�806(1)(f), Florida Statutes, provides as a ground for TPR the situation where “the parent or parents engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child’s sibling.” Because

of this section of the statute, the Department, after removal of the girls from the home, was able to file a petition to terminate the mother’s parental rights, without the need to offer her a case plan. The case would eventually go to trial, where Isabelle and Selena bravely testified about the abuse they experienced at the hands of the stepfather and how the mother failed to protect them by not taking steps to prevent further abuse.

Because of their testimony, we were able to prove that the mother knew about the abuse, had the opportunity and capability to prevent the abuse, and knowingly failed to prevent the abuse, leading to a judgment terminating her parental rights. Now they no longer have to continue a relationship with the one person above all others who was supposed to do all they could to pro-

For information on becoming a financial donor or helping fundraising efforts, please contact Donna Haynes, Development Director / dhaynes@legalaidocba.org / 407-515-1850

tect them. As the GAL, our role remains the same as in any other case. We visit with the children, help to prepare them for trial and testifying, and most importantly, advocate for their best interests.

I am sure you are reading this and naturally wondering how Isabelle and Selena are doing now. I will simply say that they are making it. What they experienced will have an impact on them for the rest of their lives. They are in therapy, something they may need for years to come to help them to continue to process the abuse they have experienced and the resulting trauma.

What happened to them will, without a doubt, affect how they approach relationships now and in the future. But no matter the obstacles that may lie before them, they are survivors, and their courage and bravery should serve as an

Coravious Cowart, Esq., is a GAL Administrative Director of Legal Services at the Legal Aid Society at the Orange County Bar Association. He has been a member of the OCBA since 2012.

For more information on Termination of Parental Rights, or to take a GAL case, contact ccowart@legalaidocba.org.

example to others that may be in similar circumstances.

Throughout the hell and uncertainty they faced, these little girls remained teachers for us all, especially me. They taught me about appreciation for the life I live and the people in it; pride in the work I do; and responsibility to use my professional talents to make my community better. If kids like Isabelle and Sevlena can push past so many of life’s roadblocks, it is my privilege to walk alongside them and remove as many barriers as I can.

orangecountybar.org

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LEGAL AID SOCIETY: INTERVIEW

FOR THE PUBLIC GOOD

A discussion with Judge Reginald K. Whitehead about the importance of pro bono work in the legal profession.

I

have always wanted to be an attorney. As a child, I watched Perry Mason and Matlock with my late grandmother and typed up fake cases on my mother’s typewriter. I did not know what type of law I wanted to practice, but I knew I wanted to help those who could not help themselves. In fact, as an 18-year-old senior at Jones High School here in Orlando, I voiced my desire to help the community in a scholarship interview for the 100 Black Men of Orlando. I was awarded that scholarship.

In the years following, after I matriculated through college, I have had the pleasure of having Judge Reginald K. Whitehead, the current president of 100 Black Men of Orlando, pour into me and be invested in my success.Judge Whitehead, who has been a judge since 1994, is currently assigned to Juvenile Delinquency in the Ninth Judicial Circuit Court of Florida. He obtained his Bachelor of Science in Political Science from the University of Mississippi and his Juris Doctorate from the University of Florida Levin College of Law. I had the opportunity to ask Judge Whitehead about himself and to share his thoughts on the importance of pro bono work in the legal profession.

Did you always want to be a lawyer?

No. I didn’t. I had a Political Science degree. But one summer, I was working at Pizza Hut and the Continuing Legal Education Opportunity Program was having a summer program there. I saw these new students on campus and followed them to the law school every day.

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The professor finally asked me if I wanted to participate. I said, “Maybe.’”

He made me fill out an application he had brought to Pizza Hut for me. It was for the University of Florida the next year. So, I had to decide whether I was going to leave everything in Mississippi and go to law school. I went to law school.

I AUGUST 2023

We worked on a lot of civil cases, a lot of landlord/ tenant stuff. People would No. [Laughs]. I loved practicing law. I started out as a get these solar panels on their houses back in the day prosecutor, and after three years, I did criminal defense and they were nowhere near what they are now and were work with my law school kind of like scams. So, we buddy. We also did some [Legal Aid] represented a lot domestic work, and were of those folks. After becomthe first firm in Orlando, other than John Morgan, to ing a judge, I was a member of the Florida Bar Foundaadvertise on the radio.

We were in our fifth year tion for 12 to 13 years. of practice, and the work was great, but there’s a price to that. I worked all the time. At the time, Judge Belvin Perry, who had originally hired me at the State Attorney’s Office, told me we hadn’t had a black male appointed to the bench since Judge Emerson Thompson, and that was in the 1970s.

This was 1993. I was 32 years old. I didn’t want to leave my buddy, but decided I would do it one time.

I applied that one time, and I got it. It allowed me to spend more time with my family, and that was more important to me.

Did you always want to be a judge?

What got you started with pro bono work?

We were members of the Orange County Bar Association, and we could either pay or do pro bono work.

We never paid. My first legal job in law school was at the Legal Aid Society. I was in my second year and did a paid internship at that time with Fredo Martinez, a lawyer there.

“Do it. Take a case. Once you see and are exposed [to pro bono work], you will realize how important it is to be a lawyer.”

—Judge Reginald K. Whitehead

HE LAW FIRM OF

L, ZEHNDER & WERMUTH, P.A.

URE IN ANNOUNCING THAT

INN B. RITTER Is there a pro bono case that ASSOCIATED WITH THEhas FIRM stuck with you?

We worked on a case where a company had S AND COMMERCIAL LITIGATION, improper renovaL MALPRACTICEmade DEFENSE, AND NAL INJURY ANDtions WRONGFUL on aDEATH house. The clients were making payL, ZEHNDER & WERMUTH, P.A. ments, but the company EAST PINE STREET would not come back in T OFFICE BOX 1631 O, FLORIDA 32802-1631 and repair, so they ended ww.kbzwlaw.com up filing suit against. Of course, I was at Legal Aid in the summer, so I had worked on depositions and such, but it took a few months for the case to be completed. They eventually settled the case, and the company finished the renovations andalso gave the family a place to stay while they completed the job.

CONTINUE ITS PRACTICE OF

–1:30 p.m.

n Location: Orange County Bar Association nge Ave, Orlando, FL 32801 | Palm Room essions: Prerecorded and on our Website: laidocba.org. All trainings will be available to ur website.

nfo@legalaidocba.org aidocba.org ASOCBA

What that case showed me is that people take advantage of people in poverty. Had it not been for Legal Aid, they couldn’t have afforded an attorney.

This wasn’t a contingency fee case. They would’ve needed money to litigate, and they had no money.

What advice would you give attorneys regarding the importance of doing pro bono legal work?

I would tell them to do it.

Take a case. Once you see and are exposed, you will realize how important it is to be a lawyer. You will also realize that everyone doesn’t have access to lawyers like you may have. Impoverished

people struggle, and lawyers sometimes shy away from them because their case may seem less valuable. Pro bono work makes you appreciate what you have, once you’ve represented people that need help.

Those are just my thoughts.

The term pro bono, short for pro bono publico, is a Latin term that means for the public good. I encourage and challenge every reader to consider doing pro bono work. Not only does the work grant access to justice to those who cannot afford it, but it can also be fulfilling as well in a profession that may at times seem chaotic.

Kimberly Palmer, Esq., is a family law staff attorney at the Legal Aid Society at the Orange County Bar Association. She has been a member of the OCBA since 2020.

For more information, or to take a case, please contact kpalmer@legalaidocba.org

CLE Virtual Lunchtime Trainings TUESDAYS, 12-1:30 PM / LEGALAIDOCBA.ORG /

@LASOCBA

AUGUST 8

AUGUST 22

Speaker: Jamos Mobley, Senior Housing & Consumer Attorney This course will provide a step-by-step walkthrough of the legal process 25 and gender marker and obtaining new identifor changing youPAGE name fication such as driver license and Social Security cards. The course will also provide technology training on a statewide forms preparation website which can prepare court ready name change petitions.

Speaker: Deondra Milton, Embrace Families Adoptions Manager & Coravious L. Cowart, Guardian ad Litem Program Director of Administrative Services / Attendees will learn the process of how foster youth are adopted through Florida’s Dependency System and best practices when representing those youth.

LEGALLY TRANSITIONING: THE TRANSGENDER NAME & GENDER MARKER CHANGE PROCESS IN FLORIDA

ADOPTION IS POSSIBLE: SECURING FOREVER FAMILIES FOR FLORIDA’S FOSTER YOUTH

Reserved for Pro Bono Attorneys, Paralegals and Law Students. Space is limited, so please be sure to RSVP. To register, contact: Marilyn Carbo mcarbo@legalaidocba.org or Michelle Erazmus merazmus@legalaidocba.org

In-Person Sessions: Orange County Bar Association / Palm Room Virtual Sessions: legalaidocba.org/training-resources Questions: info@legalaidocba.org

For information on becoming a financial donor or helping fundraising efforts, please contact Donna Haynes, Development Director / dhaynes@legalaidocba.org / 407-515-1850

orangecountybar.org

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I 29

SIDEBAR

1

NEWS / EVENTS / UPDATES

VOLUNTARY BAR NEWS Asian Fusion Night

Greater Orlando Asian American Bar Association

MAY 25 / Thank you

2

to all who attended this culinary event at Hawkers.

Career Pathways in the Law

Greater Orlando Asian American Bar Association

JUNE 16 / The GOAABA part-

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.

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nered with the National Association of Asian American Professionals, the Asian American Chamber of Commerce, The University of Central Florida Asian Pacific American Coalition, and the Asian American Pacific Islanders Coming Together to host this free event FOR high school, college

I AUGUST 2023

and law school students at the Orange County Courthouse. The purpose of the event was to give students the opportunity to tour the Orange County Courthouse and hear from Judges from the Ninth Judicial Circuit, along with Asian American Pacific Islander professionals, regarding their pathways to the law.

WHO’S WHO (LEFT TO RIGHT) 1 Row 1: Michael Barber, Scott Newbern, Jimmy Singh, Jamie Billotte Moses, Ani RodriguezNewbern, Scott Leitner, Onchantho Am | Row 2: Michael Andriano, Jay Shah, Cathleen Winter, XiXi Li, David Yau, Katie Nguyen, Baolinh Than, Jackie Deo | Row 3: Judge Christine Arendas, Iris Elijah, Brandon Sapp, Cesar Neira, Kenway Wong, Andrew Reath, Joe Sarrubbo | Row 4: Cynthia Winter, Lisa Gong Guerrero, Judge Doug Walker | Row 5: Eric Bensen, Judge Vincent Chiu, Vi Ma 2 Judge Denise Kim Beamer, Lisa Gong Guerrero, Onchantho Am, Amy Akamine, Vi Ma, Judge Jeanette Dejuras Bigney, Avita Samaroo, Deputy Sheriff Thomas Lin

THE FOUNDATION The Foundation’s purpose is charitable with a mission to raise awareness, understanding, appreciation, and respect for the law by educating the public about the legal system, including the role of lawyers, the role of courts, and the rule of law. Our focus has been and continues to be community education. From the consequences of one’s actions, to how the judicial system works, to supporting the local schools, to mentoring, the Foundation helps citizens gain a better understanding of the judicial system. Over the past few years, the Foundation has instituted scholarships and book awards for undergraduate students in legal studies programs and for law students. Additionally, our grant program has been a successful avenue to help organizations foster legal education in our community. To help continue the great work of the Foundation over this next year, we look forward to partnering with organizations and the voluntary bar associations in Orange County to continue to increase awareness and funding.

When lawyers, voluntary bar associations, and organizations partner with the Foundation, we all affect change in our community and ensure our success in the future, not just the Foundation’s success, but the success of our citizens. Thank you for caring and for supporting the Foundation.

WAYS TO CONNECT

orangecountybar.org/about/foundation Orange County Bar Association Foundation @ocba_foundation Michael V. Andriano - President Kafi Kennedy Swanson - Vice President Keshara Cowens - Treasurer Rachel Mattie - Secretary Onchantho Am - Immediate Past President Honorable Jeanette Bigney Alisia Adamson Profit Honorable Andrew Cameron Andrew Reath Euribiades Cerrud, II Brett Renton Trinetta Fisher Rebecca Smith-Hameroff Honorable Steve Jewett Kenway Wong Honorable Leticia Marques Eloisa Pino

New Members REGULAR

Shannon L. Akins Chrystina Marie Albertini Amanda K. Anderson Eric H. Barker Rachel Danielle Bashore Frances M. Bethel Annie L. Blanc Jackson R. Boudet Hanora Marie Cassels Catherine R. Choe Sophie Renee Clark Tina Rene Denham Oscar R. Draughn Avery L. Dyen Sarah Elizabeth Elouaradia David L. Evans Jr Emma Louise Floyd Joseph C. Flynn III Arlet Guitierrez Alexia D. Harkley Andrew James Jude Hess Haley E. Hestbeck Brandan M. Hobbs Stacey N. Jiunto Alex Jordan Lavene Dillon Lowery Dayna Maeder Justin E. Martinez Luc C. Mazzini II Michele D. Morales Zachary Munoz Jon C. Prusinowski Derreck A. Quarles Elizabeth Rich Vincent Rullo Erin Sales Yaima Seigley

Matthew R. Simring Emily M. Stephenson Michael B. Stone Allaa M. Tayeb Alyssa L. Tiebout Stephanie P. Vargas GOVERNMENT

Bryan Edgar Buenaventura Lauren Gabriele Franklin Monica F. Kiralyfalvi AFFILIATE

Diana Bronson Nancy Morales Julia R. Romaine Elizabeth A. Toney STUDENT

Aleksandra Berbega Taylor Brown Alejandra P. Caceres Carolina Castorani Kimberly J. Chelette Agatha Gomes Isabela Gomez Cynthia J. Graham Natalia McCann Edward McHugh Sandy M. Meazzo Kylee Murray Aimee Porras Marcia C. Rego Mariel Rodriguez Natasha Rueschhoff Genesis V. Serrano Zatche L. Trevino Rivera Deneane Troutt

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SIDEBAR

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)

YOUNG LAWYERS SECTION

YLS Board with Speaker Carolyn Fennell

Law Clerk’s Reception JULY 13 / It is always great to show our appreciation to our local law

clerks for all they do for the legal community and the community at large. The event was held at the Orange County Regional History Center, and attendees included attorneys, judges, and community leaders.

FROM LEFT: Judge Tarlika Nunez-Navarro, Speaker Carolyn Fennell, ASA Cesar Neira

Coming Up AUG 10 / Backpack Stuffing at A Gift for Teaching AUG 18 / YLS Luncheon and Panel: Everything You Need to Know About Representing Athletes SEP 3 / FSU v. LSU Season Opener Tailgate at Citrus Bowl in Orlando

Members mingle at the YLS Luncheon

OTHER YLS EVENTS JULY 19 / We are so thankful for everyone who dropped off books for the book drive. These books will help kids of all ages in the county, and we could not have done it without your generosity, so again, we say thank you so much.

JULY 21 / The YLS and the Hispanic Bar Association of Central Florida jointly held heard from national inspirational speaker Dr. Keita Joy on The Success Formula. Dr. Joy drove us to change, challenged us to be better, and gave us the tools to transform our lives. It was truly an honor to have Dr. Joy speak to us, and we always look forward to our joint luncheons with the Hispanic Bar Association.

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SEP 17 / YLS Luncheon at new location: Orange County Courthouse Jury Room

Sean MendezCatlin, Esq., is a

founding partner of MC & J Law, PLLC, where he practices business and intellectual property law. He has been a member of OCBA since 2016.

FOLLOW US!

@OCBAYLS #TogetherWeGoFar

20+ MEMBERS

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

Winderweedle, Haines, et al.

10-19 MEMBERS

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

2-9 MEMBERS

The Aikin Family Law Group Anderson & Ferrin The Arnold Law Group Artemis Family Law Aust Law Firm Barrister Law Firm Barry Miller Law The Brennan Law Firm Carr Law Firm Compass Law Culbertson Law Group Davey Law Group Debra Wilkinson Botwin DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos Divine & Estes The Elder Law Center of Kirson & Fuller Fassett, Anthony & Taylor Flammia Elder Law Firm The Fighter Law Firm Forward Law Firm Gasdick Stanton Early GoodBlatt – Leo Green Family Law Haliczer Pettis & Schwamm Harris Harris Bauerle Lopez

Hilyard, Bogan & Palmer Hornsby Law Infocus Family Law Firm Jill S. Schwartz & Assoc.

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

Kosto & Rotella Law Offices of Brent C. Miller Law Offices of Horwitz & Citro Law Office of Michael L. Dear Lebron Law The Llabona Law Group Marcus & Myers The Marks Law Firm McMichen, Cinami & Demps McShane & McShane Meenakshi A. Hirani Men’s Divorce Law Firm Morgan, White-Davis & Martinez Murphy & Berglund N. Diane Holmes O’Mara Law Group Page & Eichenblatt Perez LaSure Rebecca L. Palmer Law Group Sawyer & Sawyer Schwam-Wilcox & Assoc.

SeifertMiller Shannin Law Firm The Skambis Law Firm Stovash, Case & Tingley Tangel-Rodriguez & Assoc.

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

CLASSIFIED ADS

FOR ADVERTISING/ANNOUNCEMENTS contact Ursla Gallagher at 407-422-4551, Ext. 244 or urslag@ocbanet.org

EMPLOYMENT

(UFN) O’CONNOR, HAFTEL & ANGELL, PLLC IS SEEKING ATTORNEYS who are looking to become fully emersed in the day-to-day management of the firm’s case load from the inception of a file through Settlement, Trial and/ or Appeal. We are looking to advance our attorneys to the next level in their careers. Our attorneys are responsible for representing clients in a variety of litigation matters. We are looking for candidates with strong research skills as well as exceptional writing skills. You will be providing legal representation before courts in all aspects of litigation.

The preparation of motions, responsive pleadings, mediation and negotiating settlements are a major portion of this position. Additionally, you will be working closely with adjusters to prepare timely reports on litigation, analyzing written discovery, depositions, medical records and assessing the value of claims to determine risk exposure. A case management system or Aderant Total Office (ATO) experience is preferred. Looking for highly motivated individual that is dedicated to excellent client service. Compensation package will exceed expectation for the right candidate. Email cover letter and resume with experience to AdminDept@ohalaw.com.

(UFN) YOUR INSURANCE ATTORNEY, PLLC, AN AV-RATED PLAINTIFF FIRM, SEEKS ATTORNEY FOR ORLANDO OFFICE. Ideal candidates will have 3-5+ years experience litigating nursing home and/or medical malpractice cases, and be capable of handling their own statewide caseload with partner assistance.

Competitive salary, benefits and bonus plan. Email letter of interest and resume to NCarter@yourinsuranceattorney.com.

(UFN) DOWNTOWN ORLANDO LAW OFFICE SEEKING 5+ YEAR FULL-TIME LITIGATION PARALEGAL with experience in insurance defense and/or plaintiff’s personal injury litigation. Benefits and salary are based on experience.

Email your resume to: katie@vasko.net.

(UFN) ASSOCIATE ATTORNEY NEEDED IN NEW SMYRNA BEACH. WRIGHT & CASEY, PA HAS AN OPENING FOR A 1-4 YEAR ATTORNEY TO JOIN OUR COMMUNITY ASSOCIATION AND LITIGATION TEAM. Experience in both condo/HOA law and civil litigation preferred. We offer competitive pay and benefits. Send resume and cover letter to bcasey@surfcoastlaw.com.

All submissions will be held in the strictest confidence.

(UFN) FAMILY LAW FIRM SEEKING EXPERIENCED PARALEGAL The Marks Law Firm is seeking an experienced Family Law Paralegal to provide a range of legal support to our Team and Attorneys. We are looking for someone with good communication skills, Client services oriented, and strong attention to detail and accuracy to join our closeknit team. Please check out our website markslawfla.com and send resumes to kathy@markslawfla.com.

(UFN) FAST-PACED INSURANCE DEFENSE FIRM LOCATED IN MAITLAND SEARCHING FOR LEGAL ASSISTANT. The firm handles firstparty property/liability coverage issues.

Insurance defense and strong litigation experience preferred. Experience with calendaring, scheduling of depositions, and court reporters as needed, and follow up as it relates to discovery matters. Experience with E-Filing software and procedures. Familiarity and compliance with judicial orders Please send resumes: jmccallister@rocklawpa.com.

(UFN) GROWING ORLANDO AV RATED CIVIL LITIGATION FIRM SEEKING TWO ATTORNEYS one with 2-5 years experience and one with 5-10 years experience.

Prior trial experience is a plus. Excellent salary and benefits. Please send resume in confidence to gary@vasko.net.

(UFN) INSURANCE DEFENSE FIRM handling coverage and liability, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/ Fax/Mail resume to Office Manager jmccallister@rocklawpa.com, (407) 6479966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751

THE STATE ATTORNEY’S OFFICE FOR THE NINTH JUDICIAL CIRCUIT OF FLORIDA IS SEEKING AN ASSISTANT STATE ATTORNEY WITH A MINIMUM OF SEVEN (7) YEARS OF CRIMINAL LAW EXPERIENCE TO SERVE IN OUR HOMICIDE UNIT. Experience as a prosecutor preferred but not required if applicant has experience handling homicide cases as defense counsel.

Must have significant experience in conducting jury trials, evidentiary hearings, and handling expert testimonies.

Should be comfortable working closely with victim advocates, homicide survivors, and law enforcement partners.

Applicant will have a work record that reflects good judgment, a passion for justice and commitment to the office’s mission of ensuring public safety through prosecution that is just, transparent, and fair to the people we serve.

Qualifications: Applicants must possess a J.D. degree, be an active member of the Florida State Bar in good standing and have at least SEVEN (7) years of experience as a prosecutor or criminal defense attorney—with specific experience handling homicide cases. Salary: �90,000 (commensurate with experience) Please send cover letter, resume, and two references to ASA-Recruiting@sao9.org.

CONVICTION INTEGRITY ASSISTANT STATE ATTORNEY. The Ninth Judicial Circuit of Florida is seeking an attorney with appellate/post-conviction experience for the Conviction Integrity Unit (CIU), a division of the prosecutorial office that works to prevent, identify, and remedy false convictions. CIUs contributed to 42 exonerations nationwide in 2017, Innocence organizations contributed to 54. Although there were 33 CIUs established throughout the country in 2017, none existed in Florida.

In the years that followed, the State Attorney’s Office for the Ninth Judicial Circuit of Florida has established a CIU, reviewing cases for plausible claims of innocence. We have served justice by successfully seeking the modification of one person’s sentence, obtained full exoneration of another, and successfully litigated for the release of a third. The CIU plays an important role in upholding the rule of law and

preventing wrongful convictions and is an important public commitment by the State Attorney to ensure the accuracy, legitimacy, and integrity of all criminal convictions secured by that office.

Essential Functions: The following duties are normal but are not limited to this position. Conducts case research and documentation; Litigates cases, but less frequently than a traditional Assistant State Attorney; Communicates and serves as a liaison with victims, family, witnesses and community partners; Manages caseload; Coordinates with community partners and the public to support and promote criminal justice efforts and crime prevention initiatives; Professional interaction with the public, law enforcement, and office staff; All other case-related tasks as needed. Other duties may be required and assigned. Minimum Qualifications: Juris Doctor Degree; Member of The Florida Bar; Significant experience in appellate/post-conviction criminal law; Ability to work independently and as a team member; Knowledge of criminal law and procedure, good interviewing skills, and decision-making ability. Any equivalent combination of education, training and experience which provides the requisite knowledge, skills and abilities for this job. Please send cover letter, resume, and final law school transcript to ASA-Recruiting@sao9.org.

FOR SALE OR RENT

(UFN) �1,250/MO – SHARED OFFICE SPACE FOR ATTORNEY (DOWNTOWN ORLANDO). Professionally decorated, newly refurbished office in the Milk District. First floor offices with established construction and immigration attorneys. Fully furnished or bring your own furniture. Includes internet, utilities, shared conference room, reception area and copy room.

Secretarial space available if required.

Free parking on site. Please call Chris Weiss at 407-928-6737.

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TEACHING TIPS

IN ANY EVENT Event planning tips for success.

W

hether organizing a small committee meeting or a large Major CLE, planning an event is not an easy task. All meetings, no matter the size, require meticulous attention to detail and organization. From ensuring your committee has the appropriate funds to getting registration live, there are many details that you need to get organized to ensure you have a seamless event.

Every event has its own unique components especially with the wide array of topics each committee covers.

Here are a few quick tips to get your event planning off on the right foot at the OCBA.

1. SPACE. Reach out to me

via email and ensure that the space is available for your desired date. Space is based upon availability, but we are happy to hold a date for you for a day or so while you finalize the CLE details.

when emailing, always start a new thread for each topic. This avoids any confusion and the possibility of error. Once all the basic information is in we can

2. BUDGET. When planning your event, make sure to connect with Mildred to ensure your committee has enough funds to create the vision you have in mind for your event.

3. COMMUNICATION.

When discussing details of the event, always review the timeline of when specific items will be due.

Make sure all communication is clearly stated, and

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start planning in- person aspects of the event such as food and beverage, set up, audiovisual, and more.

4. AWARENESS. Always

check to see what other CLEs and events are going on in the month and/ or week you had in mind for your event. If there are other similar or multiple going on, it could affect the participation for your event. If this is the case, it maybe a good idea to change the date.

Ashley Velez is the Events and Seminars Manager for the Orange County Bar Association.

5. TIMELINESS. Always try

to turn in your event details as early as possible. This ensures we can get CLE approvals in time for your event, as the Florida Bar can take up to 4-6 weeks to approve a course. Having your information turned in early will also avoid any late fees or rush application fees.

Hopefully this helps you get the ball rolling on your event, and never hesitate to reach out to me at ashleyv@ocbanet.org with any questions. I am here to assist you with all your OCBA event needs!

Colling Gilbert Wright handles complex personal injury cases in Central Florida and throughout Florida. When you want to co-counsel or refer any type of complex or catastrophic plaintiff case, please consider Colling Gilbert Wright.

With our resources and proven results, our AV rated team have successfully handled complex cases in: • Wrongful Death Mass Tort • • Negligent Security Product Liability • • Nursing Home Neglect Premises Liability • • Tractor Trailer and Auto Cases Medical Malpractice Cases • • Hotel and Resort Injuries and Deaths Stock Broker and Securties Cases • $200,000,000 Settlement in the Fungal Meningitis Outbreak Case $16,000,000 in Worksite Explosion Product Liability Case

407.712.7300 TheFloridaFirm.com

801 N. Orange Ave., Suite 830 Top Floor, Orlando, FL 32801

880 North Orange Ave. Orlando, FL 32801

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

NEW LAWYER TRAINING PROGRAM FRIDAY–SATURDAY AUGUST 18–19, 2023

This dynamic, intensive two-day training program is designed to equip young lawyers with the resources to be successful practitioners in Orange County and beyond. Learn from the experts on how to establish a successful practice, navigate the court system, and practice with professionalism and confidence.

NINTH JUDICIAL CIRCUIT

• Network with seasoned legal professionals and judges • Earn up to 11 CLE credits • Automatic enrollment in the OCBA mentoring program.

SPONSORED BY:

LEARN MORE OR REGISTER: BIT.LY/2023NLTP

STUDENTS: �125

OCBA student membership included

MEMBERS: �175 NON-MEMBERS:195 Price includes breakfast, lunch and all educational materials.