The Orange County Bar Association - The Briefs - March 2022

A Publication of the Orange County

Bar Association

The Honorable Reginald K. Whitehead

James G. Glazebrook Memorial Bar Service Award

John W. Foster, Esq. William Trickel, Jr. Professionalism Award

February 2022 March 2022 Vol.90 90 No. No.23 Vol.

Inside this Issue: Inside this Issue: President’s Message President’s Message Professionalism Month Happy Year!

Eric C.New Reed, Esq.It’s National Mentoring Month Professionalism Eric C. Reed, Esq.Committee OCBA 2022 Professionalism Professionalism Committee Awards Recipients Professionalism During COVID-19

Michael D. Barber, Esq.

Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

Chief’s Column Family Law Committee The Importance of Professionalism Parent Disagreement Vaccines The Honorable LisaOver T. Munyon Michael P. DeVoe, Esq. Guest Column Paralegal Postof COVID-19 on Business The Impact Valuations and M&A Transactions Preparing for Trial Robert B. “Bob” Jorge Astorga, FRP Morrison, FASA, BV/IA

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Contents 3

18-19

President’s Message Professionalism Month Eric C. Reed, Esq.

OCBA January Luncheon: A Conversation with The Florida Bar President Mike Tanner, Esq.

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23

Clerk’s Corner The Next Steps in Stabilizing Clerk of Courts Services The Honorable Tiffany Moore Russell

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OCBA Member News Hearsay Michael V. Andriano, Esq.

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Professionalism Committee OCBA 2022 Professionalism Awards Recipients The Honorable Reginald K. Whitehead John W. Foster, Esq. Michael D. Barber, Esq.

Associate Editors Karen L. Middlekauff & C. Andrew Roy Hearsay Columnist Michael V. Andriano YLS on the Move Linnea Eberhart

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OFFICERS Eric C. Reed, President Karen L. Persis, President-elect Amber N. Davis, Treasurer Arti Ajit Hirani, Secretary

Young Lawyers Section News YLS on the Move Linnea M. Eberhart, Esq.

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New Members

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13

32

Voluntary Bar News SideBar Alena V. Baker, Esq.

Elder Law Committee Avoid Destruction, Stop Dysfunction, File an Injunction David A. Yergey III, Esq., LL.M

©2021

SideBar Alena V. Baker

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Chief’s Column The Importance of Professionalism The Honorable Lisa T. Munyon

Editor John M. Hunt

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Guest Column The Impact of COVID-19 on Business Valuations and M&A Transactions Robert B. “Bob” Morrison, FASA, BV/IA

OCBA April Luncheon Law Week: The Constitution in Times of Change

the Briefs

Classifieds

34

Calendar

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Appellate Practice Committee & Civil Rights Committee The Constitutional Protection Against Self-Incrimination in the Digital World: State v. Garcia, No. SC20-1419, the Act of Production Doctrine, and the Foregone Conclusion Exception Cassandra Snapp, Esq.

EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Catherine T. “Kate” Hollis Kristopher J. Kest Bruce A. Mount Rafael Orlando Rodriguez C. Andrew Roy Brandon M. Sapp Jennifer Smith Thomas Jessica A. Travis M. Ryan Williams LaShawnda K. Jackson, Ex-officio Michael Barber, YLS President EXECUTIVE DIRECTOR Jenny Brown Advertising & Sponsorship Manager Ursla Gallagher Publication Services Candice Maull

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of 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 in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2022 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consultants ISSN 1947-3968

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880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 www.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 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

theBriefs March 2022 Vol. 90 No. 3

President’sMessage

March 2022

Professionalism Month

M

arch is the month we celebrate professionalism! I turn to the trusty dictionary to define professionalism: the conduct, aims or qualities that characterize or mark a profession or a professional person. A profession is defined as a calling requiring specialized knowledge and often long and intensive academic preparation. So, being a lawyer squarely falls in the professionalism category.

Eric C. Reed, Esq. After the joy of law school and passing the bar, we are sworn into the Florida Bar. Part of this process includes taking the following Oath of Admission: I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Florida; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications; I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.

theBriefs March 2022 Vol. 90 No. 3

It is always good to go back and re-read the oath to remember what we actually agreed to when starting our legal career. The oath is chock-full of “professionalism.” As a member of the Florida Bar, we are obligated to fulfill these requirements and the Oath of Admission certainly embodies what professionalism looks like.

As we might all agree, the practice of law is tough and sometimes mistakes happen. I don’t think there is an attorney who has not made a mistake; however, if I am wrong, please introduce me to him/her! Probably bigger than the actual mistake, is how we react and respond to the mistake. Do we run and hide, or does our “professionalism” instinct kick in? As young attorneys, this is an even more difficult proposition—how are we going to explain this to the boss! I learned early on from one of my mentors, Jack McElroy, that when a mistake occurs deal with it by immediately letting the client know and explain the situation and the game plan going forward. Although this is a painful process, at the end of the day it is the best option, and the client may appreciate the way you graciously dealt with the mistake.

This year the OCBA’s Professionalism Committee recommended three local members of the OCBA and Florida Bar for the annual Professionalism Awards. Some of the characteristics and qualities that the committee looks for are: leadership, integrity, courteous demeanor, high moral standards, consistent ethical conduct, community service and service in the profession. This year’s deserving recipients are: • The James G. Glazebrook Memorial Bar Service Award: The Honorable Reginald K. Whitehead • The William Trickel, Jr., Professionalism Award: John W. Foster, Esq. • Lawrence G. Matthews, Jr. Young Lawyer Professionalism Award: Michael D. Barber, Esq. Mark your calendar! The awards ceremony will be held on Thursday, March 24th at 3:00 p.m. in the Orange County Courthouse Jury Assembly Room. I invite you to clear your calendar and attend this ceremony. It is a great opportunity to hear from these recognized individuals, each of whom are in different phases of their careers. If I were to wager, the odds are high they will highlight the importance of professionalism and what that has looked like for them throughout their legal careers.

Eric C. Reed, Esq., is a partner in the Orlando office of Shutts & Bowen LLP, where he practices business litigation. He has been a member of the OCBA since 2000.

www.orangecountybar.org

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Clerk’sCorner The Next Steps in Stabilizing Clerk of Courts Services

I

am pleased to share that the second phase of the Florida Court Clerks and Comptrollers (FCCC) legislative priorities are currently in full swing at the 2022 Florida Legislative session in Tallahassee. My office and other Clerks across the state are again bringing forward legislative solutions to stabilize the system that funds our offices and protects the critical services we provide to you and the general public.

Similar to a business, Clerks of Court are primarily funded on a cash basis month to month, and the revenue comes from the collection of fines, fees, and court costs. But unlike a business, Clerks of Court must provide critical public services that Floridians rely on regardless of the circumstances and cash flow. These are services that ensure timely processing for court records, protect vulnerable populations, and support the judicial system throughout the state.

During times of crisis, like COVID-19 or a hurricane, Clerk revenues plummet impacting their ability to provide public services.

In fact, until recently, Clerk statewide budgets have dramatically declined nearly every year for about a decade. Meanwhile, Clerks continue to face several challenges that result in unstable funding for services provided.

The good news is we have been able to work together with legislators to make progress. I am thankful to the Florida Legislators who passed Senate Bill 838 in 2021, which authorizes Clerks to now maintain responsible statewide reserves, carry forward certain revenues from year to year, and promote payment plans.

Last legislative session provided a framework to begin fixing the system that funds our services, but there is more to be done to further stabilize Clerk services.

This year our new 2022 Compliance and Revenue Diversification Bill – Senate Bill 552 and House Bill 397 has been filed, and at the time of the writing of this article, it received its first favorable hearing in the Senate Judiciary. This legislation focuses on establishing better funding options, realigning revenue sources, and helps to reduce driver license suspensions.

This legislative session we are engaging legislators about our #AtYourService Legislative Priorities and we look forward to the opportunity to ensure our community has access to critical services and the courts.

Please help support the #AtYourService Next Steps Legislative Priorities by encouraging members of the Florida Legislature to support the 2022 Clerk Compliance and Revenue Diversification Bill (SB 552/HB 397) and let’s continue fixing the system to ensure Clerks are at your service. To learn more, please go to WWW.FLClerks.com/AtYourService2022.

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

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

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Kavita Sookrajh, GAL Program Staff Attorney Learn how to advocate for Child Sexual Abuse Victims in the child welfare system.

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PAGE 4

www.orangecountybar.org

theBriefs March 2022 Vol. 90 No. 3

OCBA Luncheon Thursday, April 28, 2022

T

LAW WEEK LUNCHEON: THE CONSTITUTION IN TIMES OF CHANGE

his year’s American Bar Association Law Day theme is “The Constitution in Times of Change.” The Constitution is a dynamic document, as it not only outlines a blueprint for government, but also delegates power, articulates rights, and offers mechanisms for change. It is neither perfect, nor exhaustive, as our nation’s history makes clear. Legislation, court rulings, amendments, lawyers, and “we the people” have built upon those original words across generations to attempt to make the “more perfect Union” more real. That effort continues today, as contemporary leaders and everyday citizens raise their voices as loud as ever to fulfill the promise of the Constitution. Defining and refining those words of the Constitution might be our oldest

national tradition, and how each of us works – together – toward a more perfect Union.

Please join us as we acknowledge the work of outstanding students, parents, and community leaders during our annual Law Week Luncheon, hosted by the OCBA’s Law Week Committee. Law Week at the OCBA spans several months and includes Big Bad Wolf Mock Trials, Pathways in Law, A Day in the Life of a Judge, a Poster and Speech Contest, the presentation of the Liberty Bell Award to a community leader, the Liberty Shield Award to a first responder, and the Liberty Apple Award to a teacher, and a Naturalization Ceremony. Some of these activities were modified and/or postponed this year due to COVID-19.

OCBA April Luncheon Embassy Suites by Hilton Downtown Orlando Thursday, April 28, 2022

Supporting Sponsors:

Anthem Reporting Florida Lawyers Mutual Insurance Co. Registered Agent Solutions Universal Property & Casualty Insurance Rosenfield and Company Seacoast Bank Veritext WITHUM+

theBriefs March 2022 Vol. 90 No. 3

11:30 a.m. – 1:00 p.m.

191 East Pine Street, Orlando, Florida 32801

Co-host: OCBA Law Week Committe

In person and virtual options available.

Please RSVP by Monday, April 25, 2022 at: www.orangecountybar.org/store RSVPs and CANCELLATIONS will not be accepted after April 25.

To cancel, contact Stephanie Sadi at stephanies@ocbanet.org

www.orangecountybar.org

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ProfessionalismCommittee

T

OCBA 2022 Professionalism Awards Recipients

he Orange County Bar Association strives to increase the civility and professionalism of its members by offering seminars, writing articles for The Briefs, and reaching out to local law schools, elementary, middle, and high schools and the community at large with activities that promote the profession and our system of justice. Through our annual Professionalism Awards, we recognize three members of the legal community whose practice, services, professionalism, ethical conduct, demeanor, and high moral standards best embody the qualities we all seek to emulate.

The OCBA is proud to announce the following individuals as this year’s awards recipients.

The Honorable Reginald K. Whitehead

James G. Glazebrook Memorial Bar Service Award The Honorable Reginald K. Whitehead served as Orange County Judge from 1994-1995, became a Circuit Court Judge in 1995 and has served as an administrative judge in the criminal, civil, juvenile and drug court divisions. He currently serves as Circuit Judge, Orange County Civil, in the Ninth Judicial Circuit Court of Florida.

The Orange County Bar Association Criminal Law Committee nominated Judge Whitehead for his dedication to professionalism. As Melissa Vickers, Esq., wrote in the committee’s letter of recommendation, “Judge Whitehead always treats attorneys and clients with respect. He is knowledgeable in the law and fair with his ruling. He has served in every area of the law as a judge and has done so with decorum and professionalism.”

John W. Foster, Esq.

William Trickel, Jr. Professionalism Award Mr. Foster has been practicing law for over 40 years. He currently focuses exclusively on the resolution of complex divorce and family law cases at the Family Complex Litigation & Collaborative Group in Orlando.

Mr. Foster is actively involved in the Family Law Section of The Florida Bar and serves on the Section’s Executive Council and Legislation Committee. He has achieved the highest AV rating by Martindale Hubbell and he is ranked by Chambers USA. Mr. Foster has been named as one of America’s Best Lawyers, as Florida Legal Elite for Marital and Family law by Florida Trend, as a Florida “Super Lawyer,” as one of Orlando’s Best Lawyers by Orlando Magazine and as a top Orlando lawyer by the Orlando Home and Leisure Maga-

Michael D. Barber, Esq.

Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Mr. Barber has been practicing law for over 10 years. He is a solo practitioner and currently practices in the areas of criminal defense, personal injury, home insurance disputes, and education law.

In 2016, Mr. Barber was elected to serve on the Orange County Soil and Water Conservation District board, and served as chair from 2019-2020. Mr. Barber has been very active in the Orange County Bar Association including chairing the Criminal Law Committee from 2015-2017 and currently serving on both the Orange County Bar Association Executive Council and as the President of the Young Lawyers Section (YLS).

As Lisa Gong Guerrero, Esq., describes in her nomination, “The time, dedica-

continued page 8

Thursday, March 24, 2022 | 3:00 – 5:00 p.m.

Jury Assembly Room, Orange County Courthouse Please join us in honoring the recipients of this year’s professionalism awards.

The Honorable Reginald K. Whitehead

James G. Glazebrook Memorial Bar Service Award

John W. Foster, Esq.

William Trickel, Jr. Professionalism Award

Michael D. Barber, Esq.

Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

Keynote Speaker: Mike Tanner, Esq., The Florida Bar President We invite all OCBA members to attend this special event. Attendance during the remarks provides 1.0 general CLE, including 1.0 ethics (pending).

Register in the OCBA Store. Virtual attendance option also available.

(Reminder: There will be no OCBA Luncheon in March.)

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www.orangecountybar.org

theBriefs March 2022 Vol. 90 No. 3

2022 Bench Bar Conference

Mystery in the South Pacific

April 8, 2022 | Loews Royal Pacific Resort at Universal Orlando Grab your investigative gear and join us for a treasure hunting adventure at the Loews Royal Pacific Resort! Learn from and network with 300+ members of the legal community including members of the judiciary from Orange, Osceola, and Seminole counties and esteemed judges from the federal bench.

Nearly 40 CLE sessions will be offered! Earn up to 7 hours of CLE credits in topics: Appellate ● Business and Tax ● Criminal Estate, Probate & Guardianship

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Professionalism & Ethics

Lunch General Session – Happiness for Lawyers Guaranteed… or Your Misery Back Speaker: Mark Eiglarsh, Esq., author of Be Happy by Choice: Happiness Guaranteed or Your Misery Back Mark Eiglarsh, a formerly unhappy guy, made a career out of solving everyone’s problems but his own. Now this successful veteran trial lawyer, television and radio on-air legal expert, adjunct law professor, devoted husband and proud father of three teenagers has reclaimed his happiness. A successful author and transformative speaker, Mark dazzles audiences with his infectious enthusiasm, unique humor and heartfelt authenticity. He’s guaranteed to make you laugh and feel inspired while providing you with the tools to increase your happiness levels, reduce stress, and improve your relationships at work and home.

Exhibitor Showcase Attendees can visit with our exhibitor partners to learn about their products and services, and for clues to solve the mystery of the missing treasure. Those who are successful will be entered into a special raffle prize drawing at the cocktail reception at the end of the day for chances to win treasure of their own!

Learn More or Register at https://bit.ly/22OCBABBC theBriefs March 2022 Vol. 90 No. 3

www.orangecountybar.org

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Professionalism Awards continued from page 7

The Honorable Reginald K. Whitehead

Judge Whitehead has served as a member of the Judicial Task Force of the Standing Committee on Pro Bono Legal Services (2000-2001), as chair of the Ninth Judicial Circuit Committee on Racial and Ethnic Bias in the Courts (2001), and as a member of the board of trustees for the Legal Aid Society of the Orange County Bar Association. He also served for a number of years as a judge for the Unified Problem Solving Courts, and served on The Florida Bar Foundation board for 10 years helping to secure grant funding that would build programs that offer legal services and assistance to the poor. Judge Whitehead has served as a mentor to numerous judges, local high school youth, and has taught law students at the FAMU College of Law for the past 14 years. Judge Whitehead has also served as president of 100 Black Men of Greater Orlando for the past five years.

As Judge Alicia L. Latimore states, “Lawyers welcome the opportunity to appear before him and judges throughout the state are honored to call him their colleague. It is my humble opinion that his perpetual achievement of knowing, doing and helping, with unwavering care, consideration and integrity, undoubtedly qualifies him to receive the prestigious 2022 James G. Glazebrook Memorial Bar Service Award.”

Judge Whitehead received his bachelor of science in political science from the University of Mississippi, and his juris doctor from the University of Florida. He is married to his wife of 31 years, Esther Whitehead, Esq., and they have three sons.

John W. Foster, Esq.

zine. By invitation, Mr. Foster is a member of the National Advocates “Top 100.”

Kristopher Kest, Esq., remarks in his nomination, “John is the consummate professional. He brings a heightened level of ethics and sense of duty to every case. After spending the first part of his career in the commercial litigation world, John moved into family law and has excelled. John is involved in local and state-wide family law committees and works hard to improve the practice of family law in Florida.”

In the community, Mr. Foster serves on the board of directors for Mind, Body & Soul Recovery Foundation, and has also served on the board of directors for the Youth Ministry Institute and Board of Trustees for the First United Methodist Church of Orlando.

Mr. Foster received his bachelor of arts degree from Rollins College, and his juris doctor from the University of Florida. He has been married to his wife, Sharon, for 36 years. They have four children and five grandchildren.

Michael D. Barber, Esq.

tion, and passion he puts into leading the OCBA YLS is impressive. He works tirelessly to encourage young lawyers from different practice areas to be more active in the OCBA. As a prosecutor for 15 years, I can confidently say that Michael is a highly skilled attorney who consistently demonstrates all the attributes of professionalism, ethical conduct, high moral standards, and service to the community that is embodied in this award.”

Mr. Barber has been named one of “Florida’s Legal Elite Up and Comers” by Florida Trend Magazine every year since 2015, and in 2020 was received promoted recognition as one of Florida’s Legal Elite. He has also been named a “Florida Super Lawyer Rising Star” by Florida Super Lawyer Magazine every year since 2015. In 2016, Mr. Barber was awarded the prestigious University of Central Florida Top 30 Alumni Under 30 award.

Mr. Barber received his bachelor of science from the University of Central Florida in hospitality management, and his juris doctor from the University of Florida.

He is married to attorney Tammy Hammack-Barber, and is a proud father to their four year old daughter Layla.

Grow your practice and serve the community!

Join the OCBA Lawyer Referral and Information Service or Modest Means Program.

The LRIS referred 5,546 clients and generated more than $1.5 million in attorneys’ fees last year.

Visit https://www.orangecountybar.org/ for-attorneys/join-lawyer-referral-service/ to apply or contact candiced@ocbanet.org.

PAGE 8

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theBriefs March 2022 Vol. 90 No. 3

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PAGE 9

Mark is a tremendous speaker. He masterfully puts life in perspective for those of us who are unfortunately compelled by our careers to be “human doings” instead of “human beings.” I could listen to Mark all day.

–Craig Goldenfarb, Esq.

Personal Injury attorney and founder of Seven Figure Attorney Seminar Series

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“Big Brothers Big Sisters – Little Moments, Big Magic” Transform the Life of a Child: Make a Donation Today: www.bbbsmiami.orgtheBrie s March 2022 Vol. 90 No. 3 www.orangecountybar.org f

Chief’sColumn The Importance of Professionalism

M

erriam-Webster defines professionalism as “the conduct, aims, or qualities that characterize or mark a profession or a professional person.” Accurate though it may be, this definition doesn’t get to the heart of the matter. It doesn’t quite paint the picture of what behaviors elevate someone from a person to a “professional person.”

While the definition of profesThe Honorable Lisa T. Munyon sionalism still leaves us wondering what professional conChief Judge duct looks like, I believe we Ninth Judicial Circuit Court all know it when we see it. We honor those who model it in our legal community and we teach extensively of its importance in our field. It’s an integral part of our careers.

In my years as both a lawyer and a judge, I’ve spent a lot of time observing professionalism. We show up to our hearings and trials on-time and prepared for the day. We work together to solve problems. And we treat others as we would want to be treated ourselves – with kindness and respect.

Our ability to dispense justice relies heavily on our professionalism. We better our communication, efficiency, and responsiveness when we model these qualities, and our circuit reaps its benefits.

With the introduction of the ever-evolving COVID-19 pandemic, the parameters of professionalism we know began to shift. Gone were the days of fighting traffic to be on time for early morning trials and hearings. Instead, we all fought the troubles and tribulations of technology to appear virtually before each other.

Our venues may have changed, but the need for professionalism has not. We still rely on punctuality, patience, and preparedness to ensure fair and efficient hearings for all. And since we all know professionalism when we see it, let’s be sure we see it in our own actions, starting here with these foundational rules.

theBriefs March 2022 Vol. 90 No. 3

1. Be prepared for your trials and hearings.

Procedures continue to evolve, sometimes unexpectedly, as the pandemic shifts and changes. Check our website for a judge’s specific procedures. It helps us better run our courtrooms when you read and follow them.

2. Work with your clients when it comes to technology. Many of them don’t use video conferencing software as often as we do. Help them better understand the technology so their trials and hearings may begin on time.

3. Treat others as you would want to be treated in their place. The pandemic continues to take a toll on us all as we strive to work through it. Be patient, with each other, with your judges, with our judicial assistants, and with court staff.

COVID-19 upended our court system in ways none of us could predict. We’re still grappling every day to adapt to the changing climate. And after two years of adaption, it is easy to forget how we lived our lives before. But, we cannot forget the importance and value of professionalism in our courts. It need not take a backseat in the face of a pandemic. Instead it must adapt to fit our current scenario. I invite you all to join me in looking within ourselves and seeing where we could improve our professionalism.

The Honorable Lisa T. Munyon, Chief Judge of the Ninth Judicial Circuit, was first appointed to the Circuit Court for Orange and Osceola Counties in 2003 and has been an OCBA member since 1989.

www.orangecountybar.org

PAGE 11

Julie H. O’Kane announces the opening of

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Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.

20 or More Members

Carr Law Firm, P.A. Compass Law Culbertson Law Group Cullen & Hemphill, P.A. Davey Law Group, P.A. Debra Wilkinson Botwin, LLC 10-19 Members DeCiccio & Johnson Colling Gilbert Wright & Carter, LLC Dellecker Wilson King McKenna Ruffier & Fisher Rushmer Legal Aid Society of the Orange County Bar Sos, LLP Divine & Estes, P.A. Association, Inc. Marshall, Dennehey, Warner, Coleman & Fassett, Anthony & Taylor, P.A. Flammia Elder Law Firm Goggin Forward Law Firm P.A. McDonald Toole Wiggins, P.A. Gans Law, P.A. 2-9 Members Anderson & Ferrin, Attorneys at Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. Artemis Family Law Group, PLLC GoodBlatt – Leo Arwani Law Firm Green Family Law, P.A. Aust Law Firm Harris Harris Bauerle Ziegler Lopez Barrister Law Firm, P.A. Hilyard, Bogan & Palmer, P.A. Barry Miller Law Hornsby Law Beshara, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

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Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC N. Diane Holmes, P.A. O’Mara Law Group Page & Eichenblatt, P.A. Perez LaSure, LLC Rebecca L. Palmer Law Group

www.orangecountybar.org

Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Marks Law Firm, P.A. The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

theBriefs March 2022 Vol. 90 No. 3

Elder LawCommittee

E

Avoid Destruction, Stop Dysfunction, File an Injunction

xploitation and guardianship appear to be synonymous these days. With the release of the movie I Care A Lot, the #FreeBritney movement, and the Rebecca Fierle scandal that hit so close to home, guardianships have received a lot of negative press on a national and local level lately. Unfortunately, the media never reports on how a profesDavid A. Yergey III (“D3”), Esq., LL.M sional guardian saved a ward from being exploited from those “caring” family members. At the time of writing, I am happy to report that our firm represented a professional guardian in a case where we were able to finally get the state attorney to press charges and convict a local CPA for exploiting over $350,000 from his former mother-in-law over the last several years.

All too often, I am retained to handle contested guardianships that usually involve some form of exploitation or abuse of a vulnerable adult. In most of those cases, a petition for the appointment of an Emergency Temporary Guardian (“ETG”) has been filed. I am shocked to see that many of those practitioners are missing out on a very powerful and valuable tool available to them: an “825 Injunction”!

Chapter 825, Florida Statutes, effective July 1, 2018, governs injunction actions to prevent the abuse, neglect, and exploitation of elderly persons and disabled adults. It was designed to allow and encourage pro se filers; however, when used properly and filed in conjunction with a guardianship proceeding, it provides an array of remedies that can quickly address and remediate even the messiest guardianship case. Below, I break down the different parts of the statute and provide many important considerations to contemplate when you’re using this invaluable tool.

VENUE – Section 825.1035(2)(f ), Florida Statutes (2021): Venue is where the vulnerable adult resides unless there is a guardianship proceeding pending, in which case it must be filed in that proceeding. Section 744.1097, Florida Statutes (2021), states that venue is where the alleged incapacitated person (“AIP”) resides or is found. Practice Tip: If you have two different counties as an option for filing a guardianship, factor in that the Examining Committee Members (“ECMs”) have to be able to travel and access the AIP within a reasonable time. Consider resources available to the court, such as the court monitors, state attorneys, etc.

PARTIES – Section 825.101(14), Florida Statutes (2021): “Vulnerable Adult” has the same meaning as in section 415.102(28), Florida Statutes (2021). It is defined as a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for their own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, brain damage, or the infirmities of aging. Practice Tip: You can be a vulnerable adult and not be theBriefs March 2022 Vol. 90 No. 3

legally incapacitated. When deciding whether to file an injunction, an ETG, or both, it is important to consider the capacity level of the vulnerable adult.

COUNSEL FOR THE PARTIES – Section 825.1035(2)(d), Florida Statutes (2021): The injunction statute was designed to allow and encourage pro se filers. Section 825.1035(2)(d), Florida Statutes (2021), provides that parties to an injunction for protection against the exploitation of a vulnerable adult may, but are not required, to be represented by an attorney. If court appointed counsel for the alleged incapacitated person has been appointed in a guardianship case, then it can be beneficial to request that court appointed counsel represent the AIP for the injunction action.

Practice Tip: Encourage the court-appointed counsel to investigate and gather evidence that could potentially be used at a hearing on exploitation. The court-appointed attorney should have access to all of the AIP’s records, which would reduce time and expense on discovery.

If the injunction is filed right before or simultaneously with the guardianship proceeding as a separate case, then the court-appointed counsel will want to consider getting court approval to appear for the AIP in the separate injunction action. Practice Tip: While section 744.444(13), Florida Statutes(2021), allows a guardian to employ counsel in conjunction with their duties as guardian, it is best practice to get court approval when pursuing litigation on behalf of the AIP or the ETG. The order appointing the ETG should include language that grants the ETG the ability to prosecute or file an injunction action against the exploiter pursuant to section 744.441(k), Florida Statutes (2021). If the ETG requires additional counsel in pursuing the injunction, they may also seek authority to contract and retain counsel under section744.441(u), Florida Statutes(2021).

LEGAL STANDARD – Section 825.1035, Florida Statutes (2021): Pursuant to section 825.1035(2)(a), Florida Statutes (2021), the cause of action may be sought in an adversary proceeding by the vulnerable adult, guardian appointed by the court, or an agent authorized by the vulnerable adult under a durable power of attorney.

TEMPORARY INJUNCTIONS – Section 825.1035(5)(a)(1) (a)-(f ), Florida Statutes (2021): This includes the standard injunction requirements, but it adds a requirement that the injunction provide for the vulnerable adult’s physical or financial safety.

The petitioner must demonstrate that there is reasonable cause to believe that the vulnerable adult is or is in imminent danger of becoming exploited. Practice Tip: In some cases, it may be beneficial to have the ETG hearing and the permanent injunction hearing at the same time. Be prepared to argue that an ETG is not an adequate remedy at law.

AVAILABLE RELIEF – Section 825.1035(5)(2)(a)-(h), Florida Statutes (2021): When filing for an injunction, you must list the specific injunctive relief you are requesting. § 825.1035(3)(a) (22), Fla. Stat. (2021).

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continued page 30 PAGE 13

Please submit a one to two page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: March 18, 2022.

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theBriefs March 2022 Vol. 90 No. 3

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Appellate PracticeCommittee & Civil Rights Committee The Constitutional Protection Against SelfIncrimination in the Digital World: State v. Garcia, No. SC20-1419, the Act of Production Doctrine, and the Foregone Conclusion Exception

H

ow safe are citizens from government encroachment upon the right against self-incrimination? This article will examine State v. Garcia and how the decision of the Florida Supreme Court may impact Fifth Amendment rights in the context of compelled production Cassandra Snapp, Esq. of one’s mobile phone password in a criminal investigation. Garcia involves the clash of two firmly-established and long-standing legal principles: that the State has the right to everyone’s evidence, and that everyone has the right under the Fifth Amendment not to be a witness against himself.

The path between these principles, with respect to evidence existing in the physical world, developed in a line of cases beginning with Fisher v. United States.1 The Florida Supreme Court is now considering how those principles should apply when the State seeks to compel production of a password so that it can conduct a search, authorized by warrant, for digital information located on a password-protected smartphone.2 3 Background of the Garcia Case When investigating a report that someone broke a window in an occupied home, the police found a smartphone on the ground.

One of the victims recognized the phone as the defendant’s. She called the defendant’s number, the smartphone rang, lit up, and displayed this victim’s name and phone number. The police seized the smartphone. Approximately one month later, the victim discovered a GPS tracker attached to her car that could be tracked by a smartphone.

The State obtained a warrant to search the smartphone for contact/phone lists, call logs, text messages, MMS messages, graphic or video files, and/or any other data stored within the phone that would be relevant to the crime of Aggravated Stalking with Credible Threat.4 The Fourth Amendment requires that a warrant “particularly describ[e]” the things to be seized. While the warrant in Garcia did not explicitly permit seizure of all documents, by “particularly” describing nearly every type of file that the phone might contain, and allowing seizure of “any other relevant data which are stored within the phone device,”5 the warrant effectively authorized a search of all files.6 The smartphone was password-protected, however, so the warrant became useless. To address this problem, the State obtained an order compelling the defendant to disclose his password.7 The Fifth District Court of Appeal quashed the order.8 The Constitutional Right Garcia presents the question of whether compelled production of a password can be protected by the Fifth Amendment protection against self-incrimination. As to the proper application of constitutional principles to the search of digital media, however, the problem initially arose in the context of the Fourth Amendment, PAGE 16

in cases that typically considered whether law enforcement could constitutionally search a cellular telephone or other digital device without a search warrant. These cases are important to a Fifth Amendment analysis for, among other reasons, their discussions about the differences between physical objects and digital media, and the enormous impact those differences have on our lives and on the proper application of existing principles. For example, the United States Supreme Court has noted that cell phones are different, both qualitatively and quantitatively, from other items an individual carries on his person.9 Before cell phones, a search of a person tended to be a minimal intrusion on privacy, because it was limited by physical reality. That is no longer the case. As the Court noted: Most people cannot lug around every piece of mail they have received for the past several months, every picture they have taken, or every book or article they have read – nor would they have any reason to attempt to do so. And if they did, they would have to drag behind them a trunk of the sort held to require a search warrant in Chadwick, supra [United States v. Chadwick, 433 U.S. 1 (1977)], rather than a container the size of the cigarette package in Robinson [United States v. Robinson, 414 U.S. 218 (1973)].10 Thus, the Fourth Amendment search and seizure cases are critical to a complete understanding of the issues involved in resisting compelled disclosure of a password or compelled decryption of encrypted files.

The analysis of the Fifth Amendment issue begins with the proposition that an accused generally cannot rely on the Fifth Amendment to avoid compliance with a subpoena or a search warrant simply by claiming the items requested contain incriminating information.11 This is because if the creation of the documents was not compelled, the documents do not constitute compelled self-incrimination within the meaning of the Fifth Amendment.12 The act of producing documents is an exception to this rule when the act has communicative aspects of its own, distinct from the contents of the documents.13 That is, an act of production can tacitly give the State three pieces of information: (1) that the papers demanded exist; (2) that the defendant possesses or controls the papers demanded; and (3) the defendant believes that they are the papers demanded.14 In United States v. Hubbell, the Court described this third concession as a concession that the papers are authentic.15 Even if the act of producing documents is a compelled testimonial communication protected by the Fifth Amendment, the defendant may still be required to produce the documents if the State can establish that it already knows that the documents exist, that the defendant possesses or controls them, and that they are authentic.16 In that situation, the existence, possession, and authenticity of the documents are a “foregone conclusion,” and the defendant’s act of producing the documents adds little or nothing to

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the State’s knowledge.17 It doesn’t communicate any information about the existence, possession, or authenticity of the documents that the State does not already have.

In Garcia and its predecessors, the danger to the defendant’s right not to incriminate himself arose because the State sought to apply the foregone conclusion exception not to the potentially incriminating files themselves, as it applied in Fisher, but instead to the password. That is, the State reasoned that because it can prove the phone is password-protected, it knows that a password exists. Because it can prove that the defendant owns the phone, it knows the location of the password – the defendant possesses it. As to the third element, a password is self-authenticating. If the password is authentic, it will successfully unlock the phone. If the password is not authentic, it cannot unlock the phone.

The District Court Decisions In 2016, the Second District applied the act of production doctrine and the foregone conclusion exception in a situation where the State had a warrant to search the phone but did not have the password. The court concluded that the communication sought – the password – was sought only for its content, which has no value or significance itself, and would not cause the defendant to acknowledge that the phone contains evidence of the crime charged.18 It held that the State established, with reasonable particularity, that it knew the password existed, that the defendant controlled or possessed the password, and that the password was self-authenticating. It did not consider whether the State knew, with reasonable particularity, the contents of the documents the State would access once it had the password.

In 2018, the Fourth District focused on the contents of the phone rather than the password, and held that when the State did not show, with any particularity, that it knew what evidence was contained in the phone, the trial court could not find that the contents of the phone were within the foregone conclusion exception to the act of production doctrine.19 In 2020, in the case currently under review by the Florida Supreme Court,20 the Fifth District agreed with the Fourth District but went even further; it held that the foregone conclusion exception does not apply to allow a court to compel a defendant to disclose the password to his smartphone.

It said that compelling a defendant to disclose the password would “sound ‘the death knell for a constitutional protection against compelled self-incrimination in theBriefs March 2022 Vol. 90 No. 3

the digital age.’”21 The Fifth District noted that in every case, other than where the ownership of the phone was in question, it would necessarily be a foregone conclusion that the defendant/owner of a password-protected phone would know the password. Thus, once the State obtained a search warrant, it would inevitably obtain access to everything on a password-protected phone.

What Remains of the Fifth Amendment Right If the Florida Supreme Court Adopts the State’s Position?

The Fifth Amendment analysis has typically involved two questions: first, whether the act of responding to an order by producing the items identified in the order contains testimonial aspects that bring the act of production within the protections of the Fifth Amendment; and second, if the act of production is protected, whether the foregone conclusion exception to Fifth Amendment protection applies.22 The danger to civil rights that will occur if the State prevails on this issue is that obtaining even a limited search warrant will, as a practical matter, give the State unlimited access to all files on the phone without having to establish that it knows any file exists, that an existing file is in the defendant’s possession, or that an existing file is authentic – the very facts that the United States Supreme Court relied upon to create the foregone conclusion exception in the first instance. In short, a holding that adopts the State’s position has the potential to destroy the act of production doctrine when production involves files on a password-protected device.

Cassandra Snapp, Esq., Law Offices of Horwitz and Citro, P.A. She provides trial support and handles appeals in state and federal criminal cases. She has been an OCBA member since 2004.

(v), because the court below certified the question to be of great public importance. Absent certification, the State could also have requested review pursuant to Rule 9.030(a)(2)(A)(vi), direct conflict, because the Fifth District Court of Appeal’s decision, Garcia v. State, 302 So. 3d 1051 (Fla. 5th DCA 2020), conflicts with the decision of the Second District in State v. Stahl, 206 So. 3d 124 (Fla. 2d DCA 2016).

3 The Florida Supreme Court heard oral argument on November 3, 2021. A decision may be issued later this year.

4 Garcia, No. SC20-1419, Appellant’s app., page 12.

5 Rather than, for example, “all bank statements for account number [XXX] at First National Bank, owned by [named person] and/or [named company].”

6 This is particularly true since the nature of digital information is such that one must search every file in order to determine whether any file is relevant.

7 Garcia, No. SC20-1419, Appellant’s app., page 28.

8 Garcia, 302 So. 3d at 1058.

9 Riley v. California, 573 U.S. 373 (2014) (in the context of a warrantless search, a Fourth Amendment issue).

10 Id. at 393-94.

11 Fisher, 425 U.S. at 410.

12 United States v. Hubbell, 530 U.S. 27, 36 (2000).

13 Fisher, 425 U.S. at 410.

14 Id. 15 Hubbell, 530 U.S. at 36 (2000).

16 See Fisher, 425 U.S. at 411.

17 See id.

18 Stahl, 206 So. 3d at 134.

19 G.A.Q.L. v State, 257 So. 3d 1058 (Fla. 4th DCA 2018).

20 Garcia, 302 So.2d 1051.

21 Id. at 1057 (quoting Commonwealth v. Jones, 117 N.E.3d 702, 724 (Mass. 2019) (Lenk, J. concurring)).

22 Another issue that frequently arises is the contention that forcing a defendant to disclose a password is not “testimonial” for purposes of the Fifth Amendment, because it is analogous to compelling him to turn over a key to a strongbox. This issue is beyond the scope of this article. For those interested, the reasoning on which the argument is typically rejected is that it is testimonial because it requires a defendant to use the contents of his own mind. See Doe v. United States, 487 U.S. 201, 211 (1988) and cases cited therein.

Fisher v. United States, 425 U.S. 391 (1976).

The Florida Supreme Court’s jurisdiction arises under Florida Rule of Appellate Procedure 9.030(a)(2)(A) 1 2

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Eric Reed, OCBA 100% Club member Culbertson Law Group: Richard Culbertson, Sarah Jacobs Bethanie Barber; Deborah Moskowitz, 2022 Judge J.C. Jake Stone Distinguished Service Award recipient Thomas A. Zehnder

Eric Reed, Judge Andrew Bain, Judge Joshua Mize, Mike Tanner, Tad Yates, Julie O’Kane, Paul Scheck

Euribiades Cerrud III, OCBA Foundation

2022 John R. Hamilton Law Firm Award of Excellence recipient Davey Law Group with Deborah Moskowitz (center)

PAGE 18

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theBriefs March 2022 Vol. 90 No. 3

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theBriefs March 2022 Vol. 90 No. 3

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theBriefs March 2022 Vol. 90 No. 3

Orange County Bar Association Foundation, Inc. 2022 Scholarship Application Packet

The Orange County Bar Association ORANGEFoundation, COUNTY BARisASSOCIATION Inc. (OCBAF) proud to announce

FOUNDATION, INC. 2022 SCHOLARSHIP APPLICATION PACKET

its scholarship application. The goal of the OCBAF scholarship is to better serve our Orange County The application community though legal education. The OCBAF deadline for the scholarship is made possible through the generous donations of Orange County Bar Association, Inc. OCBA Foundation (OCBA) members, friends, and OCBA fundraising 2022 Scholarship The Orange Countyefforts Bar Association Foundation, Inc. (OCBAF) proudGala. to announce its such as the OCBA Law Day 5k and is OCBA

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cholarship application. The goal of the OCBAF scholarship is to better serve our Orange County ommunity though legal education.2022 The scholarship OCBAF scholarship made possible The OCBAF’s will be is awarded to a through the enerous donations of Orange County Bar Association, Inc. (OCBA) members, friends, and deserving, University of Central Florida (UCF) B.S./ OCBA fundraising efforts such as the OCBA Law Day 5k and OCBA Gala.

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B.A. Legal Studies student or Valencia A.S. Paralegal The OCBAF’s 2022 scholarship will be awarded to a deserving, University of Central Floridato https://www.

Studies student. The scholarship award recipient will UCF) B.S./B.A. Legal Studies student or Valencia A.S. Paralegal Studies student. The scholarship ward recipient will have have demonstrated demonstrated leadership, academic excellence, and involvement onorangecountybar.org/ leadership, academic excellence, ampus and in the general community. and involvement on campus and in the general wp-content/uploads/2022/ The scholarship consists of a maximum award of 52 credit hours of $5,500.00 for a declared community.

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OCBA MemberNews Hearsay Nothing about life has been easy, but nothing is going to keep me down because I know a lot more today than I knew yesterday. So, I’m ready to carry on. So many don’t survive, they just don’t make it through. But look at me, I’m the living proof.

– The Living Proof Mary J. Blige

A

re you thriving or just surviving? I have heard that an imMichael V. Andriano, Esq. portant way to move beyond just surviving to actually thriving is to increase your mindfulness, thus enabling you to shift into living a life of purpose and meaning. Being mindful allows you to tap into the present moment and purposely focus your attention there, thus allowing you to respond thoughtfully rather than react hastily, and to be curious about difficult situations so that you may gain clarity and make the most informed decision. Importantly, it reduces stress! Being mindful in the moment or “living in the moment” as some would say sometimes has a negative connotation because one could say that mindset fails to account and/or plan for the future. However, it is possible to do both: you are engaged in learning from the present moment to focus your mind on your purpose and plan for the future. Recognizing today what you have learned from yesterday is a testament to the way practicing mindfulness can shift your perspective to appreciation, growth, and ultimately to glean the larger perspective on life. After all, you cannot know where you are going without knowing where you have been.

There is no doubt that our colleagues mentioned here, especially those in memoriam, are living proof that even though life is hard, nothing stands in the way of persistence, dedication, and service. I would bet the journey to their achievements started with practicing mindfulness, in turn garnering an appreciation for both the good and the bad, allowing them to thrive and target their purpose. So, in this March Mindfulness Month, let’s all try to become the living proof that we can do anything we put our minds to.

Honors and Awards Ninth Judicial Circuit Judge Reginald K. Whitehead received the James G. Glazebrook Memorial Bar Service Award from the Orange County Bar Association.

John Foster, Esq., received the William Trickel, Jr. Professionalism Award from the Orange County Bar Association.

Michael Barber, Esq., received the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award from the Orange County Bar Association.

Judge Michael Deen was appointed by Governor Ron DeSantis to the Ninth Judicial Circuit bench after previously serving as an Orange County Court Judge.

Judge Luis Calderon and Judge Gisela Laurent were honored with The Jurist of the Year Award by the Hispanic Bar Association of Central Florida. theBriefs March 2022 Vol. 90 No. 3

Investiture ceremonies were held for the following Ninth Judicial Circuit Judges: Judge Eric Netcher and Judge Tarlika Nunez-Navarro.

Keith J. Hesse, Esq., received the St. Thomas More Award from the Catholic Lawyers Guild of Central Florida. The St. Thomas More Award is presented annually to a member of the legal profession whose accomplishments represent the principles of St. Thomas More. Recipients must be a practicing Catholic who displays a commitment to Catholic social teachings, promotes Christian principles to modern problems, promotes the social, intellectual and spiritual welfare of the people he/she serves, and offers personal sacrifice for the good of the community.

Chris S. Tribbey, Esq., has joined the firm of Ball Janik LLP as a new associate bringing extensive experience in construction sector litigation and dispute resolution.

Heather S. Moraes, Esq., has recently been named a shareholder at Winderweedle, Haines, Ward & Woodman, P.A.

In Memoriam: Judge Robert J. Pleus, Jr., passed away in December. He served the legal community for forty-seven years, including as President of the Orange County Bar Association from 1976-1977. His practice spanned many fields until his appointment to the Fifth District Court of Appeal in 2000 by Governor Jeb Bush. During his time with the Court, he served as Chief Judge from 2005 to 2007 and later in his retirement, he served as a senior judge at the Ninth Judicial Circuit.

Senior Judge R. James Stroker passed away in January. He served as a judge from 1974 until his retirement in 2010 and as one of the Ninth Judicial Circuit’s Chief Judges from 1993-1995.

He ultimately decided to retire in 2010 after nearly four decades in the field of law and almost thirty-seven years as a judge. However, his dedication to the Ninth Judicial Circuit and the rule of law kept him busy in his retirement for ten additional years as a Senior Judge.

James Mathias Russ, Esq., passed away on Thanksgiving. He served the legal community for over forty years as a preeminent criminal defense attorney at both the trial and appellate levels.

Most notably, he represented Joseph Spaziano resulting in the Florida Supreme Court overturning his conviction after decades on death row. But that did not end the matter; he followed by successfully taxing costs against Seminole County and also filed suit against the parole commission demanding that Spaziano be released.

Workers Compensation Judge Robert Dietz passed away in January. He taught the law with great passion and contributed tirelessly to the Legal Aid Society of the Orange County Bar Association, nabbing the Judge J.C. “Jake” Stone Distinguished Service Award in 2009. He also served as a mediator and was Board Certified in Workers Compensation for over thirty years.

Michael V. Andriano, Esq., is an Associate Attorney at The Law Office of Michael L. Dear, PLLC. He has been a member of the OCBA since 2018.

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PAGE 23

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GuestColumn The Impact of COVID-19 on Business Valuations and M&A Transactions Hon. John Jordan and Robert B. Morrison, FASA, BV/IA will join in a panel discussion at the OCBA Bench/Bar Conference at 10:00 a.m. on April 8th. They will be addressing The Impact of COVID-19 on Business Valuations and M&A Transactions. The talk will include a discussion of COVID-19’s impact on business valuations and a brief overview of the current deal environment and new expectations regarding due diligence. Following is a preview to that discussion.

Blue Chip, Inc. • Stable, financially sound company operating in a stable economy • Expected future annual cash flow: $100 per year • 10% required return • Price = $1,000

Fasten Your Seatbelts, Inc. • Unstable, financially precarious company operating in an unstable economy Robert B. “Bob” Morrison, • Expected future annual cash flow: $100 per year FASA, BV/IA • 20% required return given the volatility and uncertainty • Price = $500 Business Valuations, Market Transactions, and COVID: Where Are We? In order to attract equity capital to the company with riskier exhere is little doubt that COVID-19 impacted the merger and pected future benefits of ownership, the investment must offer a acquisition (M&A) market and the values of businesses in the greater return to compensate for the additional risk. With expecspring and summer of 2020. However, most major US stock tations of the future benefits of ownership established, the only market indexes set records and M&A activity reway to achieve the enhanced return is by paying less bounded dramatically in 2021, even with the onset for the investment. of the Delta and Omicron variants. So, what, if any, The value of a lingering effects will the markets demonstrate from business or business What does this have to do with COVID and values today?

Profitability rebounded as markets reopened and the COVID hangover? interest today is the society became more comfortable with life in a Business Valuation 101 present value today pandemic environment and as businesses adapted.

The concept of value and business valuation is really of all future benefits Many industries are experiencing unprecedented quite simple: revenue growth from consumer pent-up demand • The value of a business or business interest to- of ownership of that and from government stimulus initiatives. This day is the present value today of all future ben- business or business seems to bode well for “value.” However, where efits of ownership of that business or business interest. do we stand on risk? Has the market rid itself of interest; and enough volatility to stabilize prices and values?

• Value is driven by profitability, growth, and risk.

How is the current environment impacting why and how M&A The concept of value is often misunderstood as a function of some deals are done? recent past financial metric: a multiple of the latest 12 months of There is no question that deals are getting done. After a slowdown revenue, EBITDA, or net income for example. However, there is in 2020, M&A activity rebounded at a feverish pace in 2021.

What is fueling that activity? How has the complexion of a deal nothing that could be further from the truth. changed, if at all?

While historical financial performance may help in the analysis, it is the expected future benefits of ownership that determine value. This article raises more questions than answers. Please join If I buy this company, what net economic returns will I generate Judge Jordan and me at 10:00 AM on Friday, April 8th at the in the future? If I buy a non-controlling interest in a company, OCBA Bench Bar Conference for a discussion of these and what are the expectations of the company’s future net income and other questions. To register go to: https://bit.ly/2022BBC how much of that net income will be distributed? The answer can Robert B. “Bob” Morrison, FASA, BV/IA is Of Counsel with Rosenfield be complex, but it has very little to do with the company’s past and Company, PLLC’s Business Advisory Services Practice. He has provided business valuation and forensic accounting services for over 30 years. Bob sales or earnings. is an Accredited Senior Appraiser with the Intangible Asset appraisal speValue is Driven by Profitability, Growth, and Risk cialty. He has held leadership positions in the American Society of AppraisThe scope of a business valuation engagement is to adequately ers, the Appraisal Foundation, and the International Institute of Business assess the subject company’s future profitability and growth, and Appraisers and has taught business valuation globally to professionals and the attendant risks that may impact the expected future benefits at the university level. He has been an OCBA member since 2014. and return. Profitability and growth both have a positive correlation with value. On the other hand, risk and value have an inverse relationship.

T

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EMPLOYMENT MEDIATION

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www.orangecountybar.org

theBriefs March 2022 Vol. 90 No. 3

Young Lawyers SectionNews YLS on the Move

O

CBA YLS has been hard at work these last couple of weeks planning for our upcoming events, a task made more difficult by the Omicron variant.

Earlier this year we made the difficult decision to postpone our Evening with the Judiciary, but the event has been rescheduled for March 30, 2022 at the Orlando Museum of Art. Mark your Linnea M. Eberhart, Esq. calendars and stay tuned for more updates and follow up on social media for the latest news.

Fortunately, we’ve been able to adapt our Wills for Heroes program to accommodate COVID-19 precautions over the last few years and we’re proud to announce that we will once again be able to provide free estate planning services to Orange County first responders. We are looking for volunteers with estate planning experience to meet with our heroes virtually on May 14, 2022 and assist them with preparing their wills. If you are interested in volunteering, please email Cooper Powell at cpowell@shuffieldlowman.com or Linnea Eberhart at leberhart@losey.law.

At this month’s luncheon, we’ll be recognizing our very own Michael Barber, current YLS President, who was named this year’s recipient of the 2022 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. The OCBA also has a Professionalism Awards Ceremony scheduled for March 24, 2022 at 3:00 p.m. at the Orange County Courthouse, Jury Assembly Room, where Michael, Judge Reginald K. Whitehead, and John Foster will each receive awards for their service and professionalism.

Congratulations to all!

We also want to take this time to remind everyone about the OCBA’s Trial Lawyers Bootcamp which was rescheduled for May 13, 2022. This one-day program is designed for young lawyers and will cover opening statements, direct examination, cross-examination, closing arguments, and more and has been approved for 10.5 General CLE credits. Check out the OCBA’s website for more details on how to register.

Upcoming events: March 18, 2022 – March Luncheon March 24, 2022 – OCBA Professionalism Awards Ceremony March 30, 2022 – Evening with the Judiciary April 15, 2022 – April Luncheon May 13, 2022 – OCBA Trial Lawyers Bootcamp May 14, 2022 – Wills for Heroes May 20, 2022 – May Luncheon Don’t forget to follow us on Facebook, Instagram, and Twitter for more updates! If you attend any of our events, either in person or virtually, tag us @ocbayls and #WeDoMore and #WeRiseAbove on your posts.

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she practices intellectual property law. She has been a member of the OCBA since 2015.

New Members Attorneys

Cesar NEIRA

Law Student

Adriana Maria De la TORRE

Alena ORTIZ

Janet Daniel KOTZ

Grace M. FLORES

Gregory John PANZO

Ashley Marie PERTLER

Emma Louise HAW

Allyson M. ROBERTS

Matthew A. HICKS

Elizabeth A. SANTIAGO

Saba A. KHWAJA

John J. SCHREIBER

Manuel LINARES

Jakob E. UZZLE

Stephanie A. McNEFF

Michael WHITAKER

theBriefs March 2022 Vol. 90 No. 3

Paralegal Student Rachael RIOS

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Invite your colleagues to join the OCBA today!

Go to: www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!

407-422-4551, ext. 245

PAGE 27

Voluntary BarNews SideBar

A

s we are in March, it seems like our local voluntary bar associations have had the luck on their side. Here is a brief glimpse of all the amazing things they have accomplished so far.

many helpful ways to address the signs of burnout, including personal coaching, and how this can affect women in particular.

On January 25, 2022, CFAWL members put their creative side to work as they hosted a family-friendly virtual event, “Painting with a Purpose,” to help Harbor House of Central Florida create their on-site Meditation Garden. Members and their families painted rocks blooming with hope and joy for the women and The George C. Young children which will go in CFAWL’s dedicated space of the MedAmerican Inns of Court itation Garden.

The George C. Young American Inns of Court The first Table for (Inns of Court) held its Eight for the new year January 2022 membership was hosted by MiAlena V. Baker, Esq. meeting virtually via Zoom. chelle Jernigan and First, Roger Handberg started the meeting by introducing two Tina Leger on January new members: Stephanie McNeff and Alejandro Felce. Then, 28, 2022. The theme Euri Cerrud reported on the mentorship committee followed for the evening was by an update by Judge Eric DuBois on the social committee.

“Auld Lang Syne” (for Ted Estes concluded the introductory portion of the evening old time’s sake). Memwith the Ethics and Professionalism Minute, during which he bers enjoyed wine and discussed the importance of candor to the court. He offered some southern food several real-world examples of lack of candor and the resulting traditions created by sanctions imposed on the attorneys. personal chef, Sevarrest Allen, to celebrate The meeting then proceeded to a presentation by the January the wealth, prosperity, 2022 Pupilage Group led by Andrew Searle. First, Ava Dopand good fortune of pelt began the presentation by explaining the importance of the new year. networking for lawyers. Judge Wozniak and Rich Barry discussed various types of networking and emphasized the imFebruary kicked off portance of authenticity, effort, and patience in attorney netBlack History Month. working efforts. Then, Andrew Searle explained the various The idea of Black rules that govern attorney social media use and other forms December Holiday Party Luncheon: Tara Tedrow, History Month was Judge Tarlika Nunez-Navarro, Heather Meglino, of advertising. conceived by Carter Judge Gisela Laurent, Judge Bob LeBlanc, Sonia G. Woodson, a scholThis was followed by Jen Smith Thomas and Judge Patricia McDowell ar and historian, in Strowbridge discussing networking opportunities available 1926.

He wanted to create an annual event that would encourage in community and bar service. In addition, law student member Americans to study black history and recognize African-American Olamide Oladapo discussed informal interviews where students or achievements.

In an effort to honor the achievements of notable young lawyers learn more about an area of law from lawyers in said African Americans, CFAWL members participated in a special area. literacy program at the OCPS Academic Center for Excellence Rebecca Smith-Hameroff then discussed her experience as an intern (ACE), led by member Sharlene Stanford. CFAWL members volfor the State Attorney’s Office and pointed out that even small acts unteered to read books which featured significant Black heroes on the part of the employer – taking an intern to a meeting or depo- and sheroes to students in K-8th grade. The goal was to allow sition for example – can have a large impact on their career. students to hear stories about celebrated African Americans who The final part of the presentation focused on networking with judg- look like them and to help promote literacy and educate students es. Judge Wish and Judge Strowbridge discussed the various Judicial about the importance of Black History Month.

Cannons and Bar Rules that apply to judicial interactions with law- On Friday, February 4, 2022, CFAWL held its monthly luncheon yers including social media presence, fundraising, and other issues. at the Citrus Club with speaker, Marni Stahlman, Ph.D., ABD, President/CEO, Mental Health Association of Central Florida.

The Central Florida Association for Women Lawyers Dr. Stahlman provided insightful thoughts on living a fearless life The Central Florida Association for Women Lawyers (CFAWL) and how to feel more fulfilled and happier. started off the new year with a bang! The CFAWL Board and Leadership Team met in January for its mid-year retreat to review the On February 17, 2022, CFAWL and the Hispanic Bar Association amazing past events and plan for an exciting second half of the year. of Central Florida (HBACF) participated in the annual Harbor House of Central Florida’s “Walk a Mile in Her Shoes” charity The first CFAWL luncheon of the year featured Dr. Puja Aggarwal, event. The team raised money for Harbor House and both men M.D., M.B.A of Zenful Brain Life Coaching. Dr. Aggarwal shared theBriefs March 2022 Vol. 90 No. 3 PAGE 28 www.orangecountybar.org

Rock Lake Angel Tree School Party (Angel Tree Committee and Santa Claus!)

and women put on heels to show their solidarity with survivors of domestic violence.

On February 20, 2022, Heather Meglino and Tara Tedrow hosted a very “active” Table for Eight featuring trainer Ernest Wiggins II of Atlas Speed Training, a former Olympian and motivational speaker. Ernest helped CFAWL members learn about mobility training and increasing range of motion to help live a more active lifestyle.

CFAWL then rounded out February by bringing back a favorite program “Cooking with the Court.” Judges Gisela Laurent and Tarlika Nunez-Navarro showed members how to make delicious pastelitos on February 24, 2022.

January Luncheon featuring speaker Dr. Puja Aggarwal.

Heather Meglino, Wynne McFarlin, Lori Wurtzel, Dr. Puja Aggarwal

As CFAWL heads into the second half of the year, make sure to follow them on social media so you do not miss out on any of their upcoming incredible events!

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.

"The Christ School is top notch and should be your first and last stop when looking for a school.”

— Joseph Boy, TCS parent

Serving TK–8th Grade

SCHEDULE YOUR TOUR TODAY! 407-849-1665 • thechristschool.org theBriefs March 2022 Vol. 90 No. 3

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Elder LawCommittee continued from page 13

Temporary Injunction: Such relief that the court deems proper including, but not limited to: exclusive use of the residence, restraining order, etc.; freezing assets or lines of credit titled in name of the vulnerable adult, the respondent, jointly titled accounts, and assets held in trust. Practice Tip: The petitioner can use Chapter 825 to get a temporary injunction ex parte to freeze assets immediately while waiting to have a hearing on the appointment of an ETG. If the respondent is represented by counsel, and you believe the attorney is being paid from the vulnerable adult’s assets, request the court freeze any funds held in trust by the attorney until the hearing on the final injunction.

Final Injunction - Section 825.1035(8) (2)(a)-(g), Florida Statutes (2021): exclusive use of the residence, restraining order, etc.; return of assets to the vulnerable adult, judgment against the respondent for damages; ordering such other relief as the court deems necessary for the protection of a victim of exploitation, including injunctions or directives to law enforcement agencies, as provided in this section. Practice Tip: If you have an ETG, make sure

your order does not freeze the guardianship account. When drafting the order, reference the vulnerable adult’s Social Security number. There may be accounts linked to it that you are not aware of.

HEARING REQUIREMENTS – Section 825.1035(3)(c), Florida Statutes (2021): Upon the filing of the injunction petition, the court must schedule the hearing on the earliest possible date. The short time frame permitted for the temporary injunction can cause challenges in obtaining a hearing in the allotted amount of time. Practice Tip: Remember, if the court enters a temporary injunction to freeze assets ex parte, the temporary injunction will expire after fifteen (15) days, even if the final hearing is continued.

In summation, it is important for practitioners to consider utilizing the 825 Injunction as an effective litigation tool.

Please refer to https://eldersection.org/ assetfreeze/ for additional information on section 825.1035from the Florida Bar Elder Law Section.

and trust litigation. He serves as Chair of the Estate Trust and Guardianship committee and Co-Chair of the Elder law committee for the Orange County Bar Association. He is also active in the Real Property Probate and Trust Law (RPPTL) Section, serving as the secretary for the Probate and Trust Litigation Committee. He has been an OCBA member since 2015.

The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-on-one interviews with the people shaping our Central Florida community.

David A Yergey III (“D3”), Esq., LL.M, is a fourth-generation attorney carrying on the legacy of managing his family’s firm, Yergey and Yergey, P.A. Their primary area of focus is advanced estate planning, probate, guardianship,

For complex immigration matters made simple, this is where you want to

BrownImmLaw.com 407.753.4469

PAGE 30

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theBriefs March 2022 Vol. 90 No. 3

2022

The Orange County Bar Association would like to thank the following sponsors of the Law Day 5K:

Platinum

Gold

Silver FOR FLORIDA BAR PRESIDENT

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CLASSIFIED ADS EMPLOYMENT LITIGATION ATTORNEY / QUALIFICATIONS: Winderweedle, Haines, Ward & Woodman, P.A. is currently seeing a litigation associate with 2-3 years of experience in commercial litigation to start immediately. Strong research and excellent writing skills as well as possess strong/persuasive oral advocacy. Ability to provide excellent customer service to our clients with a client-first mindset. Highly organized self-starter, with clear and concise communication style. Licensed member of The Florida bar and in good standing. Agility to work in a fast-paced evolving environment. Responsibilities: Draft/ review substantive pleadings and motions. Respond to motions & discovery. Communicate in a highly effective manner with team members and clients. Taking the lead and running with a case Benefits: A strong and diverse culture and work-life balance. Full range of benefits including health insurance, long-term disability insurance, life insurance and 401(k) with employer contribution. Beautiful Park Avenue location. Who we are: Winderweedle, Haines, Ward & Woodman, P.A. began representing clients in 1931.

We have had the pleasure of serving individuals and institutions in our community. We have strived to earn the trust and confidence of our clients and the greater community, resulting in the firm’s reputation for lasting relationships that are steeped in commitment and care. We are truly humbled to serve the people and businesses of Central Florida, the Southeast and beyond for nearly a century.

Send resume to WHWWjobs@whww.com.

PAGE 32

ASSISTANT STATE ATTORNEY FOR SEX CRIMES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from experienced prosecutors with a strong interest in sex crimes prosecutions. Prior experience in sex crime prosecution is a plus, but not required. Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills. Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity. Only active members of The Florida Bar in good standing should apply at this time. The salary range for Sex Crimes is $53-60k. If interested, please send a cover letter, résumé, and final law school transcript via e-mail to ASA-Recruiting@sao9.org.

ASSISTANT STATE ATTORNEY, CHILD ABUSE CASES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from prosecutors with significant experience in child abuse cases (2 year minimum; 5 years or more a plus). Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills.

Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity.

Only active members of the Florida Bar in good standing should apply at this time. The salary range for Child Abuse is $55-62K. If interested, please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@ sao9.org.

“AV-PREEMINENT” rated Winter Park law firm with statewide practice and extensive and established clients seeking an experienced Florida licensed attorney to handle significant real estate transaction matters. Experience in trust and estates, tax, and/or real estate litigation is a plus.

Competitive compensation with significant bonus potential and excellent benefits, including 401K. Email resume to francesg@fishbacklaw.com.

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.com.

DOMESTIC & SEXUAL ABUSE CRIMES UNIT: State Attorney’s Office for the Ninth Judicial Circuit of Florida is responsible for the prosecution of all crimes committed in Orange and Osceola counties. The Domestic & Sexual Abuse Crimes Unit is dedicated to protecting the most vulnerable citizens of Orlando through the prosecution of sex offenses, child abuse, domestic violence, vulnerable adult abuse, and human trafficking cases. The Orlando SAO Domestic & Sexual Abuse Crimes Unit has offices in Orange and Osceola Counties.

This unit utilizes a victim-centered approach to prosecution that seeks to minimize re-traumatization by providing the support of victim advocates who are present throughout the criminal justice process to

www.orangecountybar.org

address survivors’ well-being and safety. The Starting salary is $65K for Domestic and Sexual Abuse Crimes Unit. If interested, please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@sao9.org.

DOWNTOWN ORLANDO LAW OFFICE SEEKING A 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.

E-mail your resume to: dianna@ vasko.net DOWNTOWN ORLANDO LAW FIRM seeking a BI Insurance Defense trial paralegal.

Starting salary of $95,000 annually with a $5,000 signing bonus. All applications will be kept confidential. Please send resumes to mheaberlin@gobelflakes.com.

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load.

Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes.com.

EXPERIENCED COMMERCIAL LITIGATION ATTORNEY wanted for established Orlando firm with 13 Central Florida offices. Seeking experienced Florida licensed attorney – Construction law experience a plus – Excellent analytical and writing ability a must. 4-8 years experience preferred. Outstanding opportunity to join growing law firm. Great team environment.

Competitive salary and benefits. Email resume to mary@ boginmunns.com. theBriefs March 2022 Vol. 90 No. 3

EXPERIENCED LITIGATION ATTORNEY for plaintiff’s personal injury and first party insurance law firm located in Altamonte Springs. Growing dynamic law firm seeks attorney with minimum 2 years’ experience in the courtroom. Will be responsible for handling a caseload assigned by the firm, as well as developing their own clients. Attorney will be responsible for client sign-ups, initiating litigation, taking depositions, attending hearings, preparing for and presenting at mediation and trying cases. This is a unique opportunity to advance and grow a practice within a practice. Candidate must be a self-starter, motivated, enthusiastic, and creative. We like out-of-the-box thinking when approaching our cases. Salary has unlimited potential because the position is a combination of base pay plus a percentage of fees recovered. The firm offers health insurance, disability insurance, dental, optical and life insurance. 401(k) and profit sharing is also included. Candidate should submit a resume, and cover letter to jbridges@ brehnelaw.com.

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.

FAST-PACED INSURANCE DEFENSE FIRM LOCATED IN MAITLAND, FL is searching for a Legal Assistant. The firm handles first-party property/liability

OFFICE SPACE

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

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

INSURANCE DEFENSE FIRM handling first-party property/liability coverage issues, 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) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

HISTORIC BUILDING ON LAKE LUCERNE has office spaces/suites available, great

parking, conference rooms, and shared receptionist available; email inquiries seichenblatt@floridalawonline.com / see photo link: https://bit.ly/OfficeSpacePhotos OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites. Parking included. Call or email: John at 407-4252907; jkk@keatlaw.com.

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OCBA members save on 1-800 Flowers with their membership. https://mynpp.com/association/ocba/

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide.

Looking For A Change?

With 285 employers and 395 listed jobs in your field – you have options!

OCBA members have access to: ❚ Resumé review ❚ Discounted job postings ❚ Sign up for auto email alerts of new positions available – and so much more!

Go to: https://orangecountybar-jobs.careerwebsite.com to seek or post jobs

Or contact Ursla Gallagher at: 407-422-4551 ext. 244 for more information!

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OCBA Law Week Luncheon

Thursday, April 28, 2022 Co-host: OCBA Law Week Committee

MARCH

1

Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

Real Property Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando 191 E. Pine St., Orlando, FL 32801

RSVP by April 25 // orangecountybar.org/store

APRIL In person and virtual options available.

YLS Board Meeting 5:30 p.m. – 7:00 p.m.

OCBA Center Estate Guardianship & Trust Seminar 12:00 p.m. – 1:00 p.m.

Virtual

5

14

Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

15

Real Property Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

OCBA Solo & Small Firm Committee Meeting 8:00 a.m. – 9:00 a.m.

Virtual Member Perks Appellate Committee

Speaker: Hon. Donald A. Meeting Myers, Jr. 12:00 p.m. – 1:00 p.m.

8:00 a.m. – 9:00 a.m.

Lowndes Drosdick,

Sponsor: Seacoast 215 N. Eola Dr. Bank Orlando, FL 32801

OCBA Center with virtual option Elder Law Committee Meeting Immigration Committee 12:00 p.m. – 1:00 p.m.

Meeting Virtual

12:00 p.m. – 1:00 p.m.

Virtual ADR Committee Meeting 12:00 p.m. – 1:00 p.m.

Law Week Committee

OCBA Center with virtual Meeting option 12:00 p.m. – 1:00 p.m.

OCBA Center/Virtual YLS Luncheon 11:30 a.m. – 1:00 p.m.

OCBA Law Day 5K

Citrus Club 8:00 a.m Harbor Park at Lake LAS Lunchtime Training Baldwin

Inclusive Advocacy: Advocating for LGBTQ+ LAS Lunchtime Training Youth in the Dependency

Legal Re-Set Button – System Chapter 13 Bankruptcy

12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

OCBA Center

Virtual Health & Wellness Lawyers Literary Society Committee Meeting Committee Meeting 12:00 p.m. – 1:00 p.m.

Maggie O’Farrell: Hamnet Virtual 12:00 p.m. – 1:00 p.m.

Virtual 2022 Professionalism

Awards Ceremony Judicial Relations

Sponsored by Seacoast Committee Meeting Bank 12:15 p.m. – 1:15 p.m.

Jury Assembly Room Judicial Conference Room

at the Orange County (23rd Floor) / Virtual Courthouse Option

3:00 p.m. – 5:00 p.m.

Criminal Law OCBA LAWn Day Committee Meeting

Sponsored by LEAP 12:00 p.m. – 1:00 p.m.

Legal Software OCBA Center

Barry Law School

2

16

3

17

5

18 22

8

9

23 24

10

26

Civil Rights Law Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

Social Security Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center

10:00 a.m. – 2:00 p.m.

PAGE 34

Young Lawyers Section: 30 Evening with the

LAS Lunchtime Training

Landlord-Tenant Tug of War

12:00 p.m. – 1:00 p.m.

OCBA Center Immigration Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

7

Law Week Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center/Virtual

8

OCBA Bench Bar Conference

8:30 a.m. – 5:30 p.m.

Loews Royal Pacific Hotel at Universal Orlando Lawyers Literary Society Committee Meeting Dennis Lehane: Shutter Island 12:00 p.m. – 1:00 p.m.

Virtual Judicial Relations Committee Meeting 12:15 p.m. – 1:15 p.m.

Judicial Conference Room (23rd Floor) / Virtual Option Criminal Law Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center

13

14

Civil Rights Law Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

Social Security Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center

YLS Board Meeting 5:30 p.m. – 7:00 p.m.

OCBA Center YLS Luncheon 11:30 a.m. – 1:00 p.m.

Citrus Club Solo & Small Firm Committee Meeting 8:00 a.m. – 9:00 a.m.

Virtual

15 19

LAS Lunchtime Training “Keeping the most vulnerable of the vulnerable Safe” KCSA (Child Sexual Abuse)

12:00 p.m. – 1:00 p.m.

OCBA Center Elder Law Committee 20 Meeting 12:00 p.m. – 1:00 p.m.

Virtual

Appellate Committee Meeting 12:00 p.m. – 1:00 p.m.

Lowndes Drosdick, 215 N. Eola Dr. Orlando, FL 32801

ADR Committee 21 Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option

Professionalism MAJOR Seminar 1:00 p.m. – 4:00 p.m.

OCBA Center with virtual option

YLS Board Meeting 5:0 p.m. – 7:00 p.m.

OCBA Center Health & Wellness Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual OCBA Law Week Luncheon

11:30 a.m. – 1:00 p.m.

Embassy Suites Downtown Orlando

27 28

Please note that live OCBA and Legal Aid seminars and events may be

Judiciary offered virtually, prerecorded, postponed, or cancelled. Please follow the

Orlando Museum of Art most current news in the OCBA’s weekly newsletter eblast and on the OCBA Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr

5:30 p.m. – 8:30 p.m. and LAS websites and social media.

Juna Pulayya • Lorna Truett • Andrew Windle Hon. Tesha Ballou • Susan Staggs • Mark O’Mara

www.orangecountybar.org

theBriefs March 2022 Vol. 90 No. 3