The Orange County Bar Association - The Briefs - November 2020

A Publication of the Orange County

Bar Association

”Fight for the things that you care about, but do it in a way that will lead others to join you.”

November 2020 Vol. 88 No. 9

• Ruth Bader Ginsburg (1933 – 2020)

Inside this Issue:

Tribute to Ruth Bader Ginsburg

President’s Message Giving Thanks, Even in the Midst of a Pandemic!

LaShawnda K. Jackson, Esq.

Legal Aid Society Teaching Tips Navigating the Ninth Judicial Circuit’s Unified Family Court Tichiena N. Tucker, Esq.

Guest Column Aren’t They All Our Children, After All? Michael V. Andriano, Esq.

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the Briefs

Contents 3

President’s Message Giving Thanks, Even in the Midst of a Pandemic!

LaShawnda K. Jackson, Esq.

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Clerk’s Corner Changes are Coming to Appellate Jurisdiction The Honorable Tiffany Moore Russell

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New Members

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Editor Robyn M. Kramer

Tribute to Ruth Bader Ginsburg

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Associate Editors Karen L. Middlekauff & John M. Hunt

Legal Aid Society Letter to Orange County Attorneys Bethanie A. Barber, Esq.

Hearsay Columnist Linnea M. Eberhart

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YLS on the Move Kimberlee A. Martin

Legal Aid Society Teaching Tips Navigating the Ninth Judicial Circuit’s Unified Family Court Ronnie A. Syme, Esq.

SideBar Alena V. Baker

w OFFICERS LaShawnda K. Jackson, President Eric C. Reed, President-elect Karen L. Persis, Treasurer Amber N. Davis, Secretary

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Professionalism Committee Professionalism During Depositions John Y. Benford, Esq.

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Chief’s Column Doing Good Work: The Eviction Diversion Program The Honorable Donald A. Myers, Jr. The Honorable Eric DuBois

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Special Justice Jamie Grosshans: Beyond the Courtroom Joshua Grosshans, Esq.

Legal Aid Society Teaching Tips Mediation Defined Tichiena N. Tucker, Esq.

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w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Jennifer Smith Thomas Jessica A. Travis William D. Umansky M. Ryan Williams Anthony F. Sos, Ex-officio Brandon M. Sapp, YLS President

Paralegal Post Is There Anybody Out There? Finding Content Created for Paralegals Shannon E. Hager, FRP

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Young Lawyers Section News YLS on the Move Kimberlee A. Martin, Esq.

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Guest Column Aren’t They All Our Children, After All? Michael V. Andriano, Esq.

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Guest Column Training for a Triathlon and the Practice of Law: Going Solo Sean P. McCormack, Esq.

Voluntary Bar News SideBar Alena V. Baker, Esq.

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Classifieds

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Calendar

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 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

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 ©2020 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: REUTERS / ANDREW KELLY - stock.adobe.com ISSN 1947-3968

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©2020

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President’sMessage

November 2020

Giving Thanks, Even in the Midst of a Pandemic!

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ell, here we are in month six of our bar year and near the end of 2020.

While not an easy plight, OCBA’s fearless leaders have continued to work to fulfill the OCBA’s missions despite the current environment. One of the OCBA’s key missions is “[t]o promote camaraderie, a forum for discussion on issues pertaining to the legal system and education for its members.” Thank you to those LaShawnda K. Jackson, Esq. who helped us fulfill this mission, including all OCBA committee chairs, who have worked closely with our membership; the OCBA Foundation president, Alisia Adamson Profit, who led a series of social justice forums; and the attorneys, judges, and OCBA staff, who worked tirelessly to showcase the OCBA’s first-ever Bench Bar Conference Virtual Edition. I also want to thank Fermin Lopez, chair of the New Lawyer Training Program, and Karen Persis, OCBA Executive Council member and founder of the OCBA Bar Buddies Program, for their leadership and determination to make sure that our law students and new lawyers were not forgotten. Finally, thanks to The Florida Bar president, Dori Foster-Morales, and the Board of Governors members, Julia Frey, Thomas P. Wert, and Tad A. Yates, for hosting our Ninth Circuit Florida Bar 2020 Virtual Town Hall in September and inspiring this “President’s Message.”

The day before The Florida Bar 2020 Virtual Town Hall, the panelists were provided with a list of questions, most of which were the polling questions that would be asked of attendees. There was one question that stood out and took me by surprise. It was to be the final question that would be asked of each panelist: “What do you think is the best thing that has come out of this pandemic?” I was not prepared for this question. Like so many others, I had spent months focused on the negative impact of the pandemic and how it had forced changes in our personal and professional lives. While I had always acknowledged that I was blessed even during these times, I had not taken the time to categorize any aspect of the pandemic as being “the best.” As I started to think about my response to this question, I reached out to other friends and colleagues to see what they thought. The responses varied, but some of them were so profound that they made me realize there are many aspects of this pandemic for which we should be thankful. As we approach the season of thanksgiving, I wanted to share few of those responses.

We should be thankful the pandemic gave us more quality time with family. The overwhelming response I heard from others was about family time. I know some of you were consumed with and frustrated by virtual learning. But you also got to spend more quality time with your family. With lockdowns and the closure of courthouses came less travel for work and fewer meetings.

With the start of virtual hearings and court appearances, your practice became more efficient, which led to more quality time. In theBriefs November 2020 Vol. 88 No. 9

turn, you were home to spend more time with your children, significant other, pets, and/or other loved ones. As one of my anonymous contributors noted, she has “become more content, more intentional and happier because [she is] not in the rat race of life running from here to there all day, every day.”

But for the pandemic, we may not have had this quality time.

Because of the pandemic, some of you were there to see your toddler’s first steps, to answer your fifth grader’s homework questions, to celebrate a family member’s work accomplishment, to find time for that redecorating project you had put off for so long, or to have the opportunity to recognize changes in a loved one’s behavior that led to a needed discussion. For others, the pandemic has given them “an opportunity to build real relationships and getting back to basics with family.” Whether that be finding a stronger connection with our loved ones or having poignant discussions with your children regarding the pandemic or other serious issues, we should be truly thankful that the pandemic has given us more quality time with our families.

We should be thankful the pandemic caused us to look at ourselves in the mirror. The practice of law is busy and demanding. As attorneys, we are always on the go, representing our clients, looking for ways to grow our practice, and learning the latest developments in our practice areas. The pandemic has caused us to slow down and live in the present. As one person noted, “social media was taking us in a direction that focused on [an] image that we could perpetuate at work parties and vacations.

Now we sit at home with ourselves or with families [examining] our habits. The pandemic has been a mirror.” Another person noted, “[the pandemic] has forced everyone to live in their truth and face some things they probably would rather continue to hide.” In other words, the pandemic has forced us to look in the mirror and examine ourselves, our habits, and our lives. We have been forced to ask ourselves what is truly important in our lives. Are we happy and fulfilled in our job or practice area? What can we do to make our personal relationships better? What can we do for ourselves to bring us happiness? Are we living our truth or pretending to be someone we are not? The pandemic has given us time to ask ourselves these important questions. The pandemic has given us the opportunity to look in the mirror and examine who we are and how we can be a better person to ourselves and others.

We should be thankful that the pandemic made us realize the fortunes we already have. Oftentimes we are constantly in the pursuit of things we simply want, such as more money, bigger houses, more clients, luxury items, etc. In doing so, we lose sight of the fortunes we already have. As one of my anonymous contributors noted, the best thing that has come out of the pandemic is “realizing that everything of any real importance was already in my home.” In similar fashion, someone responded, “I’ve also realized my privilege of living in a safe environment with all the comforts I want and need.” We, as lawyers and jurists, have so much to be thankful for. We do not need to look far to see this.

Look at the family that surrounds us. Look at the material things we have out of desire but do not need. Look at the colleagues who

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Clerk’sCorner Changes are Coming to Appellate Jurisdiction

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ecently passed legislation will soon mean appellate jurisdictional shifts in Florida. This past June, Governor DeSantis signed into law Senate Bill 1392, which, among other things, significantly modifies appellate jurisdiction in Florida’s state courts. This means circuit courts will no longer have jurisdiction over civil and criminal appeals from county courts beginning January 1, 2021.

One of the most significant changes is that jurisdiction over county court civil and criminal appeals will rest exclusively with the district courts of appeal (“DCA”). Circuit courts will

continue to have jurisdiction over appeals from final administrative orders of local government code enforcement boards and to hear appeals and review other matters as provided by general law.

The new bill also allows a county court to certify important questions to a DCA in final judgments that are still appealable to a circuit court. This means DCAs have jurisdiction to review any order or judgment of a county court that is certified by the county court to be of great public importance. Should the district court elect to accept jurisdiction to answer the certified question, any appeal would effectively skip the circuit court acting in its appellate capacity and instead be determined by the district court.

The new legislation is likely to result in amendments to the Florida Rules of Appellate Procedure, which must be approved by the Florida Supreme Court. As my office receives new information on these changes, I will be sure to pass it along.

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

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Nominations Now Open for Leadership Positions The following elected leadership positions are open for nominations:

OCBA Executive Council (One-year term for each position: June 1, 2021, through May 31, 2022.)

• Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2021, through May 31, 2024.)

• Three (3) Executive Council Seats Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2021, through May 31, 2024.)

• Two (2) Trustee Seats Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2021, through May 31, 2023.)

• Five (5) Board Member Seats Important Deadlines Nomination Period: Open now through Friday, January 15, 2021 Election Period: Late February / Early March 2021 Board Appointments / Officer Installations: May 2021

Nominating Guidelines

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

2. Completed nomination form(s) must be sent via email to Jenny Brown, Executive Director, jennyb@ocbanet.org.

3. Each nomination form must be signed by no less than five (5) OCBA members in good standing.

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

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

6. To make sure you receive your election ballot, log in to your member account on the OCBA website to check that your email address is correct, no later than December 31, 2020.

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

Ne w M e m b e rs Regular

Law Students

Morgan M. CARDINAL Steven W. DAVIS Kenneth W. FLOYD Anthony F. SABATINI F. Scott WESTHEIMER

Joshua B. ALTENBACH Sabrina BRACERO Cynthia J. RODRIGUEZ Staci D. SCIANDRA

Affiliate

Josie Y. KARKKAINEN

Paralegal Student

Lindsey L. BLACKBURN

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ProfessionalismCommittee Professionalism During Depositions

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ourts, practitioners, and academics widely recognize the importance of professionalism to our legal system in order to, among other things, preserve the independence of our judiciary from the legislative and executive branches, maintain public confidence in our legal system, and ensure that our system is efficient and fair.1 Unfortunately, unprofessional conduct among John Y. Benford, Esq. attorneys has been common throughout all phases of the discovery process during civil litigation, in particular during deposition proceedings. In response, The Florida Bar has enacted its Guidelines for Professional Conduct and Handbook on Civil Discovery Practice, which contain both rules and standards of professionalism during the discovery process, including deposition proceedings.2 Many of our state circuit courts and federal district courts have also established their own guidelines of professionalism during discovery and depositions.

Locally, the Orange County Bar Association’s Standards of Professionalism and the United States District Court for the Middle District of Florida’s Civil Discovery Handbook contain similar and additional standards of professionalism applicable to depositions as those promulgated by The Florida Bar.3 As threshold considerations, The Florida Bar Guidelines provide that depositions “should be taken only when actually needed to ascertain facts or information or to perpetuate testimony.”4 As such, depositions should “never be used as a means of harassment or to generate expense.”5 Similarly, the Ninth Circuit Standards provide that “attorneys shall not use discovery for the purpose of harassing, embarrassing, causing needless duplication of effort, or causing the adversary to incur unnecessary expenses.”6 In addition, “attorneys shall refrain from discovery requests not reasonably related to the matter at issue” and “shall not propound or object to discovery for the purpose of causing undue delay, needless vexation or obtaining unfair advantage.”7 As to general conduct during depositions, The Florida Bar Guidelines state that lawyers “should not engage in any conduct during a deposition that would not be allowed in the presence of a judicial officer, including disparaging personal remarks or acrimony toward opposing counsel, and gestures, facial expressions, audible comments, or the like as manifestations of approval or disapproval during the testimony of the witness.”8 This same standard has also been cited in the commentary to Federal Rules of Civil Procedure.9 Similarly, the Middle District also mandates that lawyers “should conduct themselves in the manner expected during courtroom proceedings in the presence of a judge.”10 Examining attorneys should avoid deposition questions intended to harass, intimidate, embarrass, or oppress the witness11 and should treat opposing counsel and the witness or party being examined with respect and courtesy.12 Accordingly, “overly aggressive, hostile and harassing examinations intending to intimidate

a witness or party would not be permitted in the presence of a judicial officer and are likewise not permitted at deposition.”13 Attorneys should also refrain from repetitive or argumentative questions, raising their voices, or appearing angry at the witness.14 Counsel also “should not inquire into a deponent’s personal affairs or integrity when that inquiry is not relevant to the subject matter involved in the pending action.”15 Finally, an examining attorney is also prohibited from intentionally misleading a witness.16 As to attorneys defending depositions, they “should limit objections to those that are well founded and permitted by the Florida or Federal Rules of Civil Procedure or applicable case law.”

The Florida and Federal Rules both provide that objections to evidence during a deposition “shall be stated concisely and in a non-argumentative and non-suggestive manner.”17 Specifically, the Handbook on Civil Discovery Practice states: The proper form of a deposition objection is to make an objection to the form of the question and then briefly state the specific form problem, such as, “objection as to form, leading”, “objection as to form, compound question”, or, “objection as to form, argumentative.” The proper objection “concisely” states the basis of the objection. This allows for the objection to be stated in a nonargumentative and nonsuggestive form and gives the questioning attorney the opportunity to correct the asserted defect at the time of the deposition.18 Speaking objections and coaching a witness, in particular, are especially inappropriate since they tend to “obscure or hide the search for the truth by influencing the testimony of a witness.”19 Similarly, attorneys should not coach the deponent or suggest answers through objections or any other means.20 While instructing a witness not to answer a question is governed by the Florida and Federal Rules, these rules overlap with the broader ambit of professionalism. Both the Florida and Federal Rules are clear on this issue: “A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under paragraph (3).”21 Professionalism standards also govern deposition scheduling. The Guidelines for Professional Conduct state that “reasonable consideration should be given to accommodating schedules of opposing counsel and deponents, when it is possible to do so without prejudicing the client’s rights.”22 A lawyer “should allow enough time to permit the conclusion of the deposition, including examination by all parties, without adjournment.”23 In addition, a lawyer “should not attempt to delay a deposition for dilatory purposes, but only if necessary to meet real scheduling problems.”24 The Ninth Circuit’s Standards of Professionalism also provide that “[a]ttorneys shall not schedule any matter without first making a good faith effort to coordinate the date and time with counsel for each party to the action.”25 Upon receiving a scheduling inquiry concerning a proposed time for a hearing, deposition, meeting, or other proceeding, attorneys shall promptly agree to the proposal or offer a counter suggestion that is as close in time as is reasonably possible.26 continued page 10

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Chief’sColumn Doing Good Work: The Eviction Diversion Program

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rom rental and energy assistance to reemployment and job training programs, there is a lot of good happening in the community right now – most of which goes unnoticed.

And that’s normal. These types of good works happen in the background, under the radar of our consciousness, until circumstance and necessity pull them into the foreground.

The Honorable Knowing this, it would come as no surprise to me if most of you Donald A. Myers, Jr. were unaware of the good work Chief Judge happening behind the scenes at Ninth Judicial Circuit Court the Orange County Bar Association. Always looking to be part of the solution in moments of crisis, the OCBA continually rises to whatever the occasion demands. And, in the age of COVID-19, that demand is managing the Eviction Diversion Program.

As my intent with this column is to highlight the good work the OCBA is doing with this program, it would be remiss of me to ignore the good work that went into creating it. Judge Eric DuBois represented the courts on the committee tasked The Honorable with developing a response to the potential eviction crisis. So, Eric DuBois I look to his expertise and turn Ninth Judicial Circuit Court this column over to him so you can learn about the program firsthand.

Since the start of the pandemic, there has been eviction protection in one form or another. Governor DeSantis ordered a temporary moratorium on evictions in April, which he let expire after the Centers for Disease Control and Prevention issued a federal moratorium at the beginning of September. While these suspensions prevent financial ruin and homelessness for many, the prevention is temporary. The eviction crisis will likely barrel forward the moment these moratoriums expire. Knowing this, the Orange County Board of County Commissioners established the Orange County COVID-19 Eviction Diversion Program.

Funded by the Federal CARES Act and the Florida Housing CARES Act – Coronavirus Relief Funds, the income-based program launched on August 25 provides Orange County

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property owners and tenants who meet the eligibility criteria with an alternative to eviction by paying up to $4,000 in past due rent. Eligible tenants must be at least two months behind in payments and have received written notice of eviction. Property owners must release the tenant from any obligation to pay the remainder of the past due rent not covered by the program.

Either party can apply, but both must agree to participate.

The program offers a win-win scenario for both parties. It ensures housing security for tenants, offering them a stable, fresh start without an eviction filing or the debt of unpaid rent on their credit report. Property owners avoid the costs associated with filing for eviction and receive compensation on back rent, giving them solvency for building upkeep and mortgage payments. And, it’s a win for the courts as it avoids adding thousands of eviction hearings to an already overburdened, pandemic-generated workload.

But, getting to the finish line is no small task. It is a protracted application process involving multiple steps – the tenant’s initial application and prescreening, a conversation with the property owner, the property owner’s application, and the tenant’s final application. Having successfully managed the foreclosure mediation program during the height of the foreclosure crisis, the OCBA stood out as the clear choice to administer the Eviction Diversion Program.

With program funds allocated for administration, the OCBA hired twenty-five temporary employees. In the course of the first month, these employees, along with five full-time OCBA staff members and law student volunteers, have responded to more than 2,700 tenant pre-screen applications, ensuring tenants’ eligibility and initiating contact with the corresponding property owners. Eighty-five percent of the owners contacted were interested in participating in the program, allowing more than 1,100 tenants to submit a final application. Additionally, almost 1,800 property owners submitted applications, initiating the process for their tenants at imminent risk of eviction. The $20 million program has paid out over $275,000 to date. The OCBA will accept and process applications until December 30, 2020, or until the funds are depleted, whichever comes first.

If applications continue to come in at the current pace, the Eviction Diversion Program is on track to prevent more than 3,000 evictions in Orange County. There is no question the program is a huge success. And there is no question that the OCBA is an integral part of that success and to our community’s recovery from the pandemic. Thank you, OCBA, for your commitment to our community and for your unwavering commitment to service.

The Honorable Donald A. Myers, Jr., chief judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

The Honorable Eric H. DuBois was elected to the Orange County Court of the Ninth Judicial Circuit in 2016 and has been an OCBA member since 2000.

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Special Justice Jamie Grosshans: Beyond the Courtroom

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hen The Briefs asked if I would consider submitting a guest article about newly appointed Justice Jamie Grosshans, it was serendipitous.

It just so happens I have spent the past fourteen years as an embedded reporter, covertly observing the Grosshans household from the inside. I’m so deep undercover that I married Justice Grosshans and we have three children. With my years of silent Joshua Grosshans, Esq. observation, I hope I can give some behind-the-scenes insights on Florida’s newest Justice to my OCBA friends.

From my unique perch, I can offer some observations others could not. Like the fact that Jamie is an out-and-out “law nerd.”

You know the type. These are folks that just cannot turn it off.

Jamie once bought me a 500-page book on statutory interpretation for my birthday. Last week at dinner she treated me to an analysis of the varying judicial philosophies of past and present U.S. Supreme Court Justices over sushi (the sushi was great!). If you snuck into our home this past Saturday morning you would have overheard a discussion of the principle of stare decisis while a YouTube video of a debate between the late Justice Scalia and Justice Breyer played in the background (there were also mimosas).

As long as I’ve known her, Jamie has been relentless in her efforts to understand the law. In fact, this past Saturday there was only one thing that could pull her attention away from Justices Breyer and Scalia. As the clock struck noon, she announced, “It’s time for college football.”

Jamie’s competing loves for the law and college football were born from her time at the University of Mississippi. I recall visiting her in law school one weekend. Half the time was spent tailgating in the Grove and watching Ole Miss lose a football game. The other half was spent discussing the impact of the 17th Amendment. After graduating from law school Jamie married the man of her dreams and moved to Orlando to start her legal career at the Ninth Circuit State Attorney’s office. There she developed her skills as a courtroom attorney. In those early days she would turn those skills on her unsuspecting husband, raising “hearsay” and “relevance” objections during household arguments, and then immediately sustaining her own objections. Justice Grosshans denies this story, but my anonymous sources have confirmed its accuracy.

Jamie would go on to start her own law firm practicing family law and criminal defense. She also moonlighted as an adjunct professor teaching hospitality law for seven years. In her spare time, she raised three children. I wish I could claim credit for the care and feeding of our children, but Jamie is one of those working moms who somehow accomplishes more in a day than I could dream of.

She has certainly had to make hard choices about how she spends her time. But somehow, on top of all her professional and family responsibilities, she always found time for pro bono and commutheBriefs November 2020 Vol. 88 No. 9

nity service, voluntary bar associations, teaching CLEs and mentoring law students. Even today, with three children under the age of twelve, her participation in bar events, oral arguments and other various professional responsibilities is punctuated daily with math homework, driving to cheerleading practice and mountains of laundry.

Jamie first took the bench as an Orange County Court Judge.

Her favorite picture from her county court investiture ceremony is of her in her robe holding our then three-year-old who was on the verge of a meltdown. She labeled the picture as “#RealLife.” Even now she will tell you that being a county court judge was the best job she has ever had.

I can confirm that she could not wait to get to work each day. She loved serving on a trial court, being in the courtroom every day and adored the judges, staff, and attorneys she worked with. She would come home every night and brag about the Ninth Circuit. She still does.

As an appellate court judge, first on the Fifth District Court of Appeal and now on the Florida Supreme Court, Jamie spends most of her day reading and writing. Despite this, at the end of the day, I still regularly find her curled up with a book. Sometimes a biography or history book, often an Agatha Christie mystery, but odds are good she’s just reading the Harry Potter series for the 3rd time (she once pondered whether she could have her Hogwart’s House em- The Honorable Jamie Grosshans blem embroidered on her judicial at investiture ceremony robe).

Today Jamie is the fifth woman to serve on the Florida Supreme Court. She is also proud to be one of two current Justices with roots in Orange County as the lawyers and judges of this legal community have helped guide and nurture her career. To close with a word from Justice Grosshans, to all the friends, mentors, judges, women lawyers, lawyer moms, and others who have supported her along the way, thank you. Her career has been the result of your generosity and encouragement, and I know she will work every day to make you proud.

Joshua Grosshans, Esq., is an attorney at Latham, Luna, Eden & Beaudine, LLP. He has been a member of the OCBA since 2017.

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President’sMessage continued from page 3

continue to try to motivate and support us. Look at the organizations that continue to work to provide us with programming for our physical, financial, and emotional health. We have many fortunes, and the pandemic has given us an opportunity to recognize them.

As you see, we can give thanks, even in the midst of a pandemic.

As we approach the Thanksgiving holiday, I encourage each of you to think about the “best thing that has come out of this pandemic” for which you are thankful. In closing, I would like to give a special thanks to the ladies who unwittingly and anonymously contributed to this “President’s Message.” I am thankful for each of you!

LaShawnda K. Jackson, Esq., practices in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.

ProfessionalismCommittee continued from page 6

John Y. Benford, Esq., is an attorney in the Orlando office of Wilson, Elser, Moscowitz, Edelman & Dicker, LLP and practices in the area of commercial litigation. He serves on the Ninth Judicial Circuit Professionalism Panel and is a member at the OCBA Professionalism Committee, including serving as its chair, vice chair, and law school liaison. He has been a member of the OCBA since 1995.

ERRATA The article from the October issue, Ethical Considerations for Attorneys Regarding the Use of Social Media, stated that the Court in Chace v. Loisel, 170 So. 3d 802 (Fla. 5th DCA 2014) followed the Fourth District Court of Appeal’s decision in Domville v. State, 103 So. 3d 184 (Fla. 4th DCA 2012), which held that a judge’s social-media friendship with a prosecutor was sufficient for judicial disqualification. To be clear, the Chace Court expressed “serious reservations about the court’s rationale in Domville,” explaining “Domville’s logic would require disqualification in cases involving an acquaintance of a judge.” 170 So. 3d at 803-04. As Domville was the only Florida case that addressed this issue at the time, the Court in Chace stated it was binding on the trial court, and thus quashed the trial court’s order denying disqualification. Id. at 804. ________________________________ The OCBA “Member News” column in October’s issue of The Briefs inaccurately stated that Allison E. Turnbull, Esq., joined Marshall Dennehey Warner Coleman & Goggin. Ms. Turnbull joined Winderweedle, Haines, Ward & Woodman, P.A. on March 2, 2020.

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1 See, e.g., OCBA Standards of Professionalism Conduct (2019), Preamble; The Florida Bar, Guidelines for Professional Conduct (2019), Preamble; ABA, Guidelines of Professional Conduct, Preamble.

2 See The Florida Bar, Guidelines for Professional Conduct, Section F; The Florida Bar, Handbook on Civil Discovery Practice, at 73-79.

3 See OCBA Standards of Professionalism, Section F; U.S. District Court, Middle District of Florida, Civil Discovery Handbook, Section II. 4 The Florida Bar, Guidelines for Professional Conduct, Section F(1).

5 Id. 6 OCBA Standards of Professionalism, Section I(1).

7 Id., Section I(1)–(2) (emphasis added).

8 The Florida Bar, Guidelines for Professional Conduct, Section F(10) (emphasis added).

9 Fed. R. Civ. P. 30, comment to subdivision (d).

10 U.S. District Court, Middle District of Florida, Civil Discovery Handbook, Section II(A)(2).

11 The Florida Bar, Guidelines for Professional Conduct, Section F(6); see also OCBA Standards of Professionalism, Section I(1).

12 The Florida Bar, Handbook on Civil Discovery Practice, at 83.

13 Id. at 76.

14 The Florida Bar, Guidelines for Professional Conduct, Section F(6).

15 Id., Section F(5).

16 See The Florida Bar, Handbook on Civil Discovery Practice, at 83; see also RRTFB 4-3.3.

17 Fed. R. Civ. P. 30(d)(1); Fla. R. Civ. P. 1.310(c) (emphasis added).

18 The Florida Bar, Handbook on Civil Discovery Practice, at 74; see also U.S. District Court, Middle District of Florida, Civil Discovery Handbook, Section II(B)(1); The Florida Bar, Guidelines for Professional Conduct, Section F(7).

19 Id. at 75.

20 Id. 21 See Fed. R. Civ. P. 30(d)(1); Fla. R. Civ. P. 1.310(c).

22 The Florida Bar, Guidelines for Professional Conduct, Section F(2).

23 Id., Section F(3).

24 Id., Section F(4).

25 OCBA Standards of Professionalism, Section I(5).

26 Id., Section I(6).

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13th Annual Breakfast of Champions November 19, 2020 To ensure the health & safety of attendees during the COVID-19 pandemic, this event will be VIRTUAL. Details to follow.

**Reservations Required** SPONSORSHIPS LEVELS: •Champion $10,000 •Gold $5,000 To DONATE, please visit: •Silver $2,750 www.legalaidocba.org •Copper $1,000 For more information, contact Donna Haynes •Bronze $500

Sponsorships Include:

Development Director Phone: 772.812.5175 Email: boc@legalaidocba.org

Recognition in the BRIEFS magazine, on all of our Social Media platforms, & recognition during event. *Must be paid by 10/01/2020 to be included.* A copy of the official registration and financial information may be obtained from the Division of Consumer Services by calling toll-free (800) 435-7352 within the State or at www.freshfromflorida.com. Registration does not imply endorsement, approval, or recommendation by the State.

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GuestColumn Aren’t They All Our Children, After All?

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he history of marriage is one of both continuity and change.1 Indeed, changed understandings of marriage are characteristic of a nation where new dimensions of freedom become apparent to new generations, often through perspectives that begin in pleas or protests and then are considered in the political sphere and the judicial process.2 In June 2015, the Supreme Court issued its historic ruling Michael V. Andriano, Esq. in Obergefell v. Hodges, wherein the Court held that the United States Constitution’s Fourteenth Amendment guarantees same-sex couples the fundamental right to marry and that couples in same-sex marriages are constitutionally entitled to the “constellation of benefits the States have linked to marriage.”3 However, the legal status of a biological or non-biological same-sex parent to a child remains uncertain in Florida.4 This is because the Florida courts have yet to interpret Obergefell as it pertains to child custody, support, and visitation rights of the parents in the event of divorce.5 Importantly, the Florida statutes pertaining to paternity and parentage have not been updated since Obergefell.

Florida law has been notoriously hostile to the LGBTQ community, although there has been recent significant and widespread acceptance.6 But, Florida courts have consistently interpreted the law such that non-genetic LGBTQ parents lack any rights relating to the children for whom they have functioned as parents for significant time periods. Florida law is clear: “[t]hose who claim parentage on some basis other than biology or legal status do not have the same rights, including the right to visitation, as the biological or legal parents.”7 But, as a matter of pure biology, same-sex couples cannot conceive children on their own, on purpose or accidently. Advancements in reproductive technology allow individuals to exercise their desire and basic right to have children through means that were not contemplated by society centuries or even decades ago.8 These reproductive technologies have impacted the definition of the “modern” family, and the laws in Florida have struggled to reflect these rapid societal changes.9 In an attempt to address these changes, the Florida Supreme Court in 2013 ruled that the state must give unmarried same-sex couples using artificial reproductive technology “the same opportunity as [unmarried] heterosexual couples to demonstrate [parental] intent.”10 However, the decision was decided in the context of a genetic mother being denied access to her child after her relationship with the birth mother ended.11 Although the case did not address the rights of the non-biological parent, the court explained that even as “the law is being tested as . . . new techniques [of assisted reproduction] become more commonplace and accepted, . . . courts must ensure that the constitutional rights of those individuals who intended to be parents to the child are protected.”12 Protecting same-sex parents’ rights is particularly important because both parties in a same-sex relationship are not going to PAGE 12

be biologically related to their child. At the forefront is the need to secure functional family relationships for the parents and the children of same-sex couples, married and unmarried. Therefore, the Florida Legislature needs to address these concerns by: 1) extending Florida’s presumption of legitimacy to same-sex married couples by statute, and 2) reworking the statutory framework to require the unmarried, non-biological, and non-adoptive parent to meet specified factors and criteria in order to establish a legal parent-child relationship in the event of dissolution.13 The marital presumption has long balanced a presumption of biology with the need to secure functional family relationships. It has been the standard rule in Florida that a child born to married couples was presumed to be a child of the marriage.14 This presumption of legitimacy was created primarily to protect the welfare of the child.15 However, the marital presumption does not normally protect children of same-sex couples who are not automatically provided with the dual support system, a “security blanket,” that is in the child’s best interest.16 Recently, the Arizona Supreme Court ruled that Arizona’s marital presumption statute (containing similar language as Florida’s), after Obergefell, cannot constitutionally exclude same-sex spouses; therefore, the court extended the marital paternity presumption to same-sex spouses.17 Importantly, in rejecting an argument that the statute only concerns identifying biological parentage, the court held that “the marital paternity presumption encompasses more than just rights and responsibilities attendant to biologically related fathers.”18 The court further noted that “[w]hen the wife in an opposite-sex couple conceives a child, her husband is presumed to be the father even when he is not biologically related to the child.”19 Thus, the court concluded that Arizona cannot deny same-sex spouses the benefit the presumption affords because biology is not the only reason that the paternity presumption statute exists; the statute does more than just identify biological fathers.20 Additionally, a New York appellate division ruled that the State of New York’s family law presumption of legitimacy applies to children born to a same-sex married couple.21 The panel specifically ruled that Han Ming T., the married partner of Marco D. should have been given notice of a petition to have their child adopted by Marco D.’s new same-sex partner.22 The court recognized that marriage equality is eviscerated if the full spectrum of rights and historic legal principles, including the marital presumption of legitimacy, are not applied equally to same-sex spouses.23 Florida’s Legislature must recognize that families are formed because of intention, care, and love, and that the lack of a parent’s biological or adoptive connection to a child can no longer be used to rupture fundamental emotional bonds or the integrity of family relationships.24 After all, family-life includes the process of raising children, not just about producing them.25 Extending the presumption of legitimacy to same-sex married couples protects the best interest of the children by providing stability and security.

Additionally, extending the presumption secures emotional and financial security for the parents by ensuring child support guidelines are followed and enforced. Lastly, because Florida statutorily favors shared parental responsibility, and the courts frequently fa-

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vor equal time-sharing, the presumption would provide an avenue for the non-biological parent to maintain a relationship with the children in the event of a dissolution of the parents’ relationship. Thus, extending the presumption would help prevent the emotional trauma of a child being forcibly separated from a parent. 26 Non-biological parents in same-sex relationships still face hurdles in seeking parental rights upon dissolution of the relationship. Under current Florida law, which emphasizes biology over intent, it is impossible without marriage or adoption for both former partners of a same-sex couple to have standing to assert visitation rights, as only one can be biologically related to the child.27 “By fixing biology as the key to visitation rights,” Florida has inflicted disproportionate hardship on the growing number of non-traditional families.28 For example, in the case of Russell v. Pasik, the Second District Court of Appeal distinguished D.M.T. in denying parental rights to a non-biological mother whose same-sex partner had children through donor insemination and to which she had raised for seven years.29 The court declined to expand the definition of a parent and left it up to the Florida Legislature to institute a “policy change of this magnitude.”30 The court pointed out that regardless of her marital status, Pasik still could have made the decision to adopt the children, thereby guaranteeing her the rights of a parent.31 However, a mother or father should not have to adopt his or her own child. Additionally, the court in Pasik failed to consider that adoption is not an option for every same-sex couple. Most often, adoption is a very lengthy, time-consuming, intrusive, and expensive process.

Many same-sex couples do not have the resources to achieve legal parental status through adoption, thus the non-genetic parent in most cases is doomed to be a legal stranger to the child.

“It is not the biological relationship per se, but rather the assumption of the parental responsibilities which is of constitutional significance.”32 It is in this context that Florida can look Florida can look to New York and Delaware for law solutions.

New York’s highest court held that where a partner shows by clear and convincing evidence that the parties agreed to conceive and raise a child together, the non-biological, non-adoptive partner has standing, as a

parent, to seek visitation and custody.33 In considering more than biology, the court relied on the fact that each of these couples made a commitment to bring a child into a two-part family, and found it was unfair to the children to let the commitment go unenforced.34 Additionally, Florida should adopt law modeling Delaware’s Establishment of Parent-Child Relationship statute, which establishes the various ways that a mother-child,35 father-child,36 or de facto parent37 relationship can be established and are applicable to both heterosexual and homosexual couples. Significantly, this statute contemplates assisted reproductive technology in conceiving children and has avenues to confer parental rights in those situations. Courts must do the important work of examining actual evidence of each parent’s bond with the child and each parent’s ability to meet the needs of the child. We terminate parental rights when the continued presence of that parent is not in the child’s best interest, so why can we not give parental rights to a child’s non-biological parent when it is in the child’s best interest to do so?38 Affording equal rights of parentage fosters instead of disrupts the permanency and stability that is important to a child’s best interest.39 Adopting the position set forth in Brooke S.B. v. Elizabeth A.C.C. and Delaware’s Establishment of Parent-Child Relationship statute would allow Florida to expand the legal definitions of parents and provide greater legal rights and protections to the relationships between children and individuals who function in parental roles.40

Courts must do the important work of examining actual evidence of each parent’s bond with the child and each parent’s ability to meet the needs of the child.

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When the household dissolves, children in non-traditional Florida families are not

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protected by statute or the legal system, creating a disparity in the support and custody contexts and in the attended parental rights and obligations.41 Social science studies have revealed the trauma children suffer as a result of separation from a primary parental figure regardless of that figure’s biological or adoptive ties to the children.42 A child born of any legal marriage or any committed relationship should be able to rely on either parent when care is needed. Something as rigid as a biological connection should not cut off a non-biological parent’s right to parent that child when that parent has cared for, loved, and supported that child.44 Florida should no longer condone limitations placed on a child’s opportunity to maintain bonds crucial to their development and the lack of legal remedies available to unmarried same-sex couples (and the uncertainty as to married same-sex couples). Florida’s children are simply too important.45 Michael V. Andriano, Esq., is a judicial staff attorney in the Ninth Judicial Circuit. Michael will start as a Judicial Law Clerk for the Fifth District Court of Appeal in November. He is vice chair of both The Florida Bar Diversity and Inclusion Committee and The Florida Bar’s Family Law Rules Committee. Mr. Andriano also serves on the Orange County Bar Foundation, Inc. board of directors and is a trustee of the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2018.

Obergefell v. Hodges, 135 S.Ct. 2584, 2595 (2015).

Id. at 2596.

3 Obergefell v. Hodges, 135 S.Ct. 2584, 2601-05 (2015).

4 McLaughlin v. Jones, 401 P.3d 492, 497 (Ariz. 2017).

5 As of the writing of this article, there is not a published Florida court opinion interpreting and/or extending marital rights and benefits to same-sex couples after Obergefell.

6 See Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Com’n, 138 S.Ct 1719, 1727 (2018) (“Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth. For that reason the laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. The exercise of their freedom on terms equal to others must be given great weight and respect by the courts.”). continued page 28 1 2

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Guest Column

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Training for a Triathlon and the Practice of Law: Going Solo

ow many of us miss shaking hands with opposing counsel after a successful mediation? Hugging or high fiving a client after a favorable result? Or meeting in person with a prospective client or referral source to generate new business? The recent pandemic has halted these practices. While we have transitioned to using Zoom and other electronic means to conduct our proceedings, the convenience Sean P. McCormack, Esq. and efficiency come at the cost of losing physical interaction with our clients. It is the one thing we all have in common as attorneys regardless of our practice areas or on which side of the courtroom we sit. Since the pandemic, I have settled numerous workers’ compensation cases without ever meeting my clients in person. I have participated in Social Security Disability hearings with my clients via phone. I have saved on dry cleaning and travel expenses, but I cannot help but pause and wonder: am I the only one missing that face-to-face interaction with clients, judges, and opposing counsel? It was the same lack of face-to-face interaction I began to experience following the pandemic outbreak when I found myself exercising alone. Before I knew it, I had gone from training with other athletes to training alone in order to avoid risking exposure to the coronavirus.

Many of us turn to working out as running the course at an outlet from the stressors of our Sean Ironman Florida 70.3 careers. My wife turns to Pilates, colleagues to golf, and I to triathlons. But I never imagined having to conquer a training plan solo. Swim/bike/run? Run/bike/swim?

Bike/run/swim? What is the correct order again?

A triathlon is a three-part race that consists of swimming, cycling, and running. The sport developed in the late 1970s and has become a worldwide competitive race for athletes. Triathlon competitions range in several distances from a sprint to a full-distance triathlon. They are typically broken down into the following categories: a sprint (400-meter swim, 10-mile bike ride, and a 3.1mile run); an Olympic distance (1.5K swim, 25K bike ride, and a 10K run); a half distance (1.2-mile swim, 56-mile bike ride, and a 13.1-mile run); and a full distance (2.4-mile swim, 112-mile bike ride, and a 26.2-mile run). Wait, what about the Ironman?

Well, whereas a triathlon consists of a swim, a bike ride, and a run, an Ironman is a specific distance. The half and full distances are typically referred to as a half Ironman (70.3 miles total) and a full Ironman (140.6 miles total). Ironman hosts numerous interPAGE 14

national races throughout the year, which have all been postponed due to the pandemic.

But that does not mean that training has to be postponed. Training and preparing for a triathlon consist of five important things: 1) swimming; 2) biking; 3) running; 4) having the necessary equipment; and 5) having the appropriate nutrition. Training plans differ depending on an athlete’s experience and abilities as well the race distance. Plans typically consist of swimming two days, running two days, biking two days, and taking a day of rest.

A longer race distance means a training plan with more time and distance required.

Training for a triathlon requires time-management skills. Just as in the practice of law, training requires time, dedication, and preparation.

I am a firm believer that the time is always there; you simply have to make time for the training to happen. And, just as you would set and complete your deadlines in preparation for a hearing or trial, you would do the same with planning your workouts and listing what is required to complete your race and accomplish your goals.

Formulate a specific training plan on a calendar. List your goals and the necessary steps required to achieve them. The sport has always required mental fitness, but now, when many athletes find themselves with a postponed race and solo training schedule, the mental fitness is even more crucial.

You can master the three disciplines of swimming, biking, and running, but what happens if you get a flat on your bike or your swim goggles leak during the swim? Having the necessary and correct equipment will help you be successful during training and in the triathlon. Finally, do not forget nutrition. During a longer race or training, your body requires fuel to perform well. Some triathletes take energy gels, eat protein bars, eat bananas, or drink Gatorade. Nutrition varies by athlete, but it is important to include this as part of your training and race-day nutrition selection.

I have been competing in triathlons for more than fifteen years. I completed the Florida Ironman in Panama City in 2013 and more than ten half-Ironman distances in Florida, Tennessee, and Georgia. I was recently geared up to compete in the Chattanooga, Tennessee, half Ironman in May this year when it was, unfortunately,

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The practice of law, sometimes litigious, can be very stressful and demanding.

For me, training and competing in triathlons is one way I handle stress, especially solo for now. It is a chance to remove myself from the demands of work and enjoy the satisfaction of a great workout while being outdoors.

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postponed due to the pandemic. After years of training and com- helped me focus on the desired outcomes: the satisfaction of a peting with others, I was suddenly forced to modify my training, good workout, a settled case, or a happy client. The pandemic has similar to the modifications I made in the practice of law, with an only made those successes more important. immediate adjustment to complete it solo. Instead of training in a The practice of law, sometimes litigious, can be very stressful and lap pool with others, I transitioned to open-water swimming in a demanding. For me, training and competing in triathlons is one lake in my backyard. Instead of biking and running with groups, way I handle stress, especially solo for now. It is a chance to remove I found myself doing solo rides and runs. I turned to online plat- myself from the demands of work and enjoy the satisfaction of a forms like Strava and Garmin Connect, which allow athletes to great workout while being outdoors. Feeling energized and ready post their workouts and interact online. Suddenly doing a solo to tackle the workload is a great way to start your day. Whether it two-hour workout did not seem so lonely when I is biking, doing Pilates, or playing saw others doing the same thing. In my law practice, racquetball at the gym, we all need instead of live evidentiary hearings with witnesses, I some sort of outlet to de-stress from was now conducting hearings from the comfort of our life and work. Although trainmy home or office. ing can be accomplished solo, there Instead of particare many benefits with training ipating in on-site with others and staying connected.

OCBA seminars The next time you get stressed out or the activities of over your next case, ask yourself: other legal organiWhat form of exercise will help me zations, I met felmanage and eliminate stress? Maylow practitioners be the answer lies in swimming, via Zoom. While biking, and running. each modification If a triathlon is on your bucket list, satisfied the sothe following website contains a list cial connection, of triathlon training clubs for assisboth made me retance and motivation: Find a Club, alize how much I USA Triathlon, https://membermissed that faceship.usatriathlon.org/Public/Pubto-face physical lic/FindAClub (last visited Sept.

Sean with his training partner, interaction both in Donnie McCammon, at the 30, 2020). the courtroom and finish of a local sprint triathlon in Sean at the finish of Ironman Florida 70.3 during training.

Sean P. McCormack, Esq., of Colling Clermont, Florida Gilbert Wright & Carter, practices excluTransitioning sudsively in the areas of Social Security Disability and workers’ compensation. denly to going solo has forced me to change my law practice and He is a member of The Florida Bar Workers’ Compensation executive countraining schedules. In some respects, I have more time to train cil and serves as editor for the News and 440 Report. Mr. McCormack is a without having to coordinate a schedule with someone else. I have member of the Orlando Inns of Court, chair of the OCBA Workers’ Commore time to spend with family since I no longer have to travel to pensation Committee, and president of the Orlando division of the Friends 440 Scholarship charity. He is sponsored by Tabasco for triathlons. Mr. attend court proceedings in person. Going solo requires ambition, of McCormack has been a member of the OCBA since 2011. dedication, motivation, and mental toughness, all of which have

The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-onone interviews with the people shaping our Central Florida community. theBriefs November 2020 Vol. 88 No. 9

mynpp.com/ocba

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A TRIBUTE

I, like so many, gravitated to Justice Ginsburg because she was the embodiment of confidence. With every word and action, she conveyed, ‘I belong here.’ She made all of us, even those of us who didn’t necessarily have visually noticeable commonalities with those in control, feel the authority and confidence of belonging. She was our source of power, our enforcer, our ‘inside guy’ to justice.

– Bethanie Barber, Esq., Executive Director, Legal Aid Society of the Orange County Bar Association On behalf of the PCPBA, we submit the following statement: The legacy of Justice Ruth Bader Ginsburg will be felt for generations. She was a pioneer and trailblazer for women’s rights, fighting tirelessly to ensure equal protection under the law throughout her career. Our thoughts and prayers are with her family and may she rest in peace.

– Jared Brooks, Esq., President, Paul C. Perkins Bar Association Justice Ruth Bader Ginsburg was a trailblazer of gender equality who advanced the standard of the rule of law, the end of discrimination, and equal justice for all. She was and is an inspiration, pure and simple, endlessly struggling as a champion for women’s rights, civil rights, men’s rights, human rights. Justice Ginsburg fought for us all, regardless of background, sexual orientation, or race. Although petite in stature, she will always be a colossal presence in our history. We all carry burdens, and Justice Ginsburg showed us just how much one person can bear when the burden is carried for others - when we turn our thoughts outside ourselves. As we honor her legacy, may we all carry on the journey to perfect the administration of justice, may we continue to fight for what is right, and may we help carry the burdens for those who already bear too much. “Real change, enduring change, happens one step at a time.”

– Central Florida Association for Women Lawyers “Real change, enduring change, happens one step at a time.” Ruth Bader Ginsburg was a champion for women’s rights, civil rights, men’s rights, human rights. She fought for all of us regardless of one’s background, sexual orientation, or race. The indelible mark she has left on history will never be forgotten. She was an icon, a fighter, a leader, a force to be reckoned with. She embodied brilliance, whit, and impeccable character. I love how she served as so many titles to so many people. A wife, mother, professor, attorney, judge, and friend to name a few. Justice Ginsberg said real change happens one step at a time. I am so incredibly grateful to her for leading all of us, especially women, to a new chapter and era of change. The glass ceiling has been shattered; it is now up to all of us now to continue to carry the torch, to keep the flame of justice ignited, and to see that change come to life.

– Sharlene Goldstein, CFAWL Member Ruther Bader Ginsburg was inspirational. Not only for her great legal mind and trailblazing accomplishments, but also for her willingness to befriend her political opponent, Justice Scalia.

– Kristopher Kest, Esq., President, Legal Aid Society of the OCBA, Inc. Justice Ginsburg was a trailblazer and her impact on our lives will be felt for many generations to come. Her commitment to the law and passion for her profession drove her to work through multiple cancer treatments even while she was in the hospital, through the loss of her husband, and well into her golden years when most of us would be looking forward to our retirement. She’s an inspiration for too many PAGE 16

reasons to name, but I will think of her for her strength, courage, work ethic, and passion whenever I feel tired, intimidated, and ready to give up.

– Robyn Kramer, Esq., Editor, The Briefs Magazine The passing of Justice Ginsburg affected me deeply. She was appointed by former President Bill Clinton to the Supreme Court in 1993, a year before I graduated from law school. I remember the hope and optimism that filled the hearts of my fellow law students, especially young women. Even before her ascent to our nation’s highest court, her resilience through the struggles of caring for her husband who was stricken with cancer, raising a young child, while also making the law review at both Harvard and Columbia Law School, made her legendary to us.

As a woman of color who has navigated the racism and sexism that unfortunately still exist in our profession and in society, I am extremely grateful for her tireless work – from the American Civil Liberties Union to the U.S. Supreme Court – to eliminate barriers for all who have been marginalized and disenfranchised. May all of us in the legal profession have that fierce courage that guided her path, even as she battled cancer.

Borrowing from the words of Justice Ginsburg, may we all ‘use whatever talent we have to do our work to the very best of our abilities, and help repair tears in our society.’ Justice Ginsburg demonstrated that the law is more than textbooks and carefully crafted arguments; it has the power to transform lives, shape our culture and our entire system of justice. As lawyers and judges, we have the power to be a force for good in our society. We honor Justice Ginsburg by using that power wisely.

– The Honorable Janet James Mahon, Administrative Law Judge, Social Security Administration It’s been a trying time in all of our lives, with everything we’ve been going through as a nation the past few months. With the burdens of life weighing on us like never before, it’s been so difficult to keep things in perspective. I had a moment recently when I thought, “How can one person handle all this pressure?”

And then we lost the great Justice Ruth Bader Ginsburg. And we found out that her dying thoughts were about not herself, but her country. I kept thinking about how she must have felt from her deathbed, feeling the weight of the world pressing down upon her, and fighting for her life, for us. I thought about how brave she was.

Her death made me think of the burdens we all carry: personal, professional, political. And how she carried so much on her tiny shoulders. The burdens of women. The burdens of the disenfranchised. And it reminded me just how much pressure one person can bear when we carry it for others – when we turn our thoughts outside ourselves.

One of my longtime favorite quotes is from Dr. Martin Luther King, Jr., “The arc of the moral universe is long, but it bends toward justice.”

I remind myself of it often when I feel hopeless about the state of our nation. Justice Ginsburg quoted that line in one of her most famous dissents from the bench, in which she objected to the Court’s gutting of the Voting Rights Act in 2013. At the end of reading her written opinion aloud, she added Dr. King’s words as a coda, noting that the arc only bends toward justice, “if there is a steadfast commitment to see the task through to completion.”

Justice Ginsburg once said that majority opinions speak to the present but, ‘dissent speaks to a future age., It takes a great deal of courage to

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believe that one day, our dissenting voices and true justice will prevail, even if it’s beyond our lifetimes. There will be hardship in the meantime, but we must continue to fight for what is right – and to help carry the burdens for those who already bear too much.

As the Jewish remembrance goes, “May her memory be a revolution.”

May we be as steadfast in the pursuit of a more equal justice as she was. And may her example re-light the spark of bravery within you as it has in me, during this difficult time for us all.

– Lauren Millcarek, Esq. Justice Ruth Bader Ginsburg was the epitome of advocacy and justice.

She rose above herself for the better good of society. She was relentless in her cause. And although petite in stature, she will always be a colossal presence in our history. May we carry on her legacy and continue to fight for what she stood for.

– Jeanette Mora, Esq. I don’t think there is anything I can say right now that could adequately describe the magnitude of the loss of RBG. For so many of us, and particularly female lawyers, she was our superhero. Small in stature, this woman carried the weight of women’s issues, and truly the issues of all people but particularly the disenfranchised, on her tiny shoulders for her entire life. This is not an exaggeration: her entire life.

It has often felt that the rights and protections of so many hung by a thread, with that thread being the health and well-being of a nearly 90-year-old woman who beat cancer twice. Maybe her passing right now is not just another 2020 tragedy. Maybe it is a sign. A motivator.

For people to wake up. Pay attention. Care more. Do more. I know everyone has been saying may she Rest in Power, but for the love of God, may she please Rest in Peace with her sweet supportive husband,

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Marty. This woman has worked tirelessly her whole life for all of us.

She did all she could for as long as she could for every American. It’s time to pick up the baton and sprint forward. May her memory not just be a blessing. May her memory be a call to action.

– Karen Persis, Esq., OCBA Treasurer Ruth Bader Ginsburg Scholar and Trailblazer Irreplaceable.

– Nick Shannin, Esq. Justice Ginsburg was like the nuclear reactor on an attack submarine: rare, small, powerful, long-lasting, able to quietly guide the crew to new places, all the while commanding respect and serving as a source of pride and security for our nation. Rest in Power Madam Justice; you probably won’t need your dissent collar in Heaven, but you have passed on its inspiration and example to a grateful people.

– Larry D. Smith, Esq.

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Legal Aid Society Dear Mighty Orange County Attorneys:

O

n behalf of the Legal Aid Society of the O.C.B.A., Inc., thank you for your helping LAS reach new heights in 2020.

Our organization was created by Orange County Bar Association members in 1961 as the community’s primary means of providing the poor civil legal access to the court system. Despite the incredible global challenges we faced this year, staff, pro bono attorneys, and volunteers like you Bethanie A. Barber, Esq. delivered free, quality legal services for low income clients, children, and disadvantaged groups such as seniors, veterans and the disabled who have special legal needs.

This year alone with the help of pro bono attorneys like you, our legal services prevented homelessness, enabled our neighbors to secure employment, reduced reliance on our public benefits system, and removed children and survivors of domestic violence from physically dangerous relationships. We provided these services at the most critical of times for our beloved community. Together, we can continue to use our legal skills to provide safety and stability for the most vulnerable in our community. Please help us to again carry on this unmatched tradition of service in 2021.

Your legal skills make a difference in the lives of the families and individuals we serve. With your efforts, we will continue to build a healthier and stronger community. We also strengthen our profession through collective action and frequent, free continuing legal education opportunities. Your financial contribution to support the staff and pro bono program is what enables us to achieve such life-altering legal results for our deserving, appreciative clients.

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Florida Bar Rule 4-6.1 requires attorneys report pro bono service hours. OCBA attorneys who volunteer with or provide a fee in lieu of service to the Legal Aid Society of the OCBA have complied with the OCBA membership and Florida Bar pro bono reporting requirement. Correspondence from organizations other than the OCBA or the Legal Aid Society of the OCBA requesting your financial support to comply with the Florida Bar rule are exclusive of OCBA membership.

I ask you to please make your Legal Aid Society pro bono selection online. If you follow the link below, you will be directed to a fillable 2021 Preference Form through which you can select cases, projects, or contributions.

2021 ONLINE FILLABLE PREFERENCE FORM: https://legalaidocba.org/documents/2021ProBonoPreferenceForm.pdf THE 2021 PRO BONO PROGRAMS BROCHURE: https://legalaidocba.org/documents/2021ProBonoBrochure.pdf If you prefer to receive the forms via email or mail, please contact Ms. Larri Thatcher, Pro Bono Coordinator, lthatcher@legalaidocba.org, or Milly Gonzalez, Assistant Pro Bono Coordinator, mgonzalez@legalaidocba.org.

Best wishes for a safe and happy holiday season, Bethanie A. Barber Attorney at Law Executive Director

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Legal Aid SocietyTeaching Tips

A

Navigating the Ninth Judicial Circuit’s Unified Family Court

s a Guardian ad Litem (“GAL”) Program attorney at the Legal Aid Society of the Orange County Bar Association, I am fortunate to work alongside pro bono attorneys who donate their time and legal skills to represent the best interest of children who have been abused, neglected, or abandoned.

From an emotional perspective, it is not an easy task, but the work we do makes an immense difRonnie A. Syme, Esq. ference in these children’s lives.

Cases involving crossover youth can be particularly challenging.

Crossover youth have a case in both dependency court and delinquency court. They have often survived traumatic experiences that have caused a judge to adjudicate them dependent, and they are in the delinquency court because they have been accused of committing a crime or are charged with a violation of the law.

Some of these children have mental health issues that may need to be treated with psychotropic medications. Crossover children, usually ages thirteen to seventeen, also tend to be behind in school and if they are placed in foster care, they tend to reside in group homes. The children also have something else in common: They are often older siblings who frequently engaged in delinquent acts to protect their younger siblings from some type of abuse. These are children who desperately need encouragement, mentors, and someone to rely upon. They need someone to be their GAL. In Orange County, we have a Unified Family Court (“UFC”) with two judges who oversee children’s dependency cases as well as any delinquency cases the children may have. By having a UFC judge preside over both types of cases for each child, the judge will have detailed information and an overview of the child’s entire situation.

The judge will know the child’s education and medical needs as well as any extenuating circumstances before making a determination.

UFC is a great resource here in Orange County. Members of the juvenile dependency team (including case managers, Florida Department of Children and Families attorneys, group home staff, parents, and GALs) and members of the juvenile delinquency court (including public defenders, state attorneys, and Florida Department of Juvenile Justice (“DJJ”) probation officers) come together to discuss the child. This type of communication is one of the most important ways to help achieve best-interest outcomes for crossover children. Dependency matters are confidential. Before the UFC was established, the delinquency court teams had very little information about the child. Clear communication between the delinquency side and dependency side makes an immense difference in the crossover child’s life.

When the child is arrested, they can be released to a parent or guardian, given a notice to appear in court, or be transported to the Juvenile Assessment Center (“JAC”). At the JAC, the child can be released to a parent or guardian, released to home detention or PAGE 20

electronic monitor, or held in secure detention. If the child is held in secure detention or is on home detention, they must have a detention hearing within twenty-four hours. See § 985.255 (1), Fla. Stat. At that time, the judge will determine whether the child will be held and for how long, and the clerk of court generally flags the child as a “crossover child.” If the child meets the criteria for UFC, a court date will be set in front of the UFC judge who will be presiding over the dependency case. At this stage, it is important to know whether a child is prescribed any medications. If the child is on psychotropic medications, it is important to determine whether there is a dependency court order or parental consent allowing the child to take those medications. If the authorization came from the court, a copy of the order and the medication must be provided to the Juvenile Detention Center or the child will not receive the medication while they remain detained.

With a few exceptions, a child can be held in detention for no more than twenty-one days unless the adjudicatory hearing is held. See Fla. R. Juv. P. § 8.015. If the youth is detained and a petition for delinquency is filed, the arraignment must be held within forty-eight hours, excluding Saturday, Sunday, and legal holidays. This arraignment should be with the UFC judge. If the child is not in secure detention, the adjudicatory hearing must be held within ninety days of the date the child was taken into custody or the service of the summons was issued, whichever occurred earliest. See Fla. R. Juv. P. § 8.090.

The UFC judge will hear the adjudicatory trial without a jury. The State of Florida has the burden of proving the allegations in the delinquency petition beyond a reasonable doubt, and the judge determines whether the state has met its burden or whether the charges are dismissed. Ideally, the GAL will speak with the state attorney and public defender before the trial to inform them of any important information and will be available during sentencing. A judge can sentence the child to probation, community service, restitution, and/or a predisposition report and staffing. The DJJ completes the predisposition report, providing a sentencing recommendation. Depending on the charges, a child can be sentenced to a term of probation or commitment in a residential program. GALs are encouraged to be a part of this process, including commitment staffing if needed.

The GAL can be instrumental in ensuring the child has the tools they need to be successful in a program or on probation by explaining to the court what services will benefit the child. Are they receiving counseling? Do they need to be evaluated for medications? Do they have any educational needs? Can they benefit from a mentor or tutor? All of this information is not available to the delinquency team without successful communication with the dependency team. Having an open line of communication among all individuals is vital.

The wonderful thing about Orange County UFC is that all parties, including the judge, value the GALs’ input. The goal of the juvenile delinquency system is effective prevention, intervention, and treatment services. The GALs’ input is a critical factor in helping to

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theBriefs November 2020 Vol. 88 No. 9

Legal Aid SocietyTeaching Tips Mediation Defined

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hile litigation may be a fixed part of many of our practices, it does not mean we are litigious by nature.

Mediation is statutorily defined as “a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping disputing parties reach a Tichiena N. Tucker, Esq. mutually acceptable and voluntary agreement. In mediation, the decision-making authority rests with parties [to the case, not the mediator]. The role of the mediator includes, but is not limited to, assisting parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.”1 Mediation is a process in which parties work together, with the assistance of a neutral third party, to reach an agreement that is mutually acceptable to both parties. In family law cases, when the parties participate in mediation, they are more likely to reach a settlement because they have control over negotiations, ultimately determining how they will spend time with their own child(ren).

The mediator may help parties see the conflict from each other’s point of view. The following tips may prove helpful in your next mediation: Be fully prepared: Preparation is key and helps take mediation from an aspirational tool to a successful resolution for your client!

A good sense of the facts and the law related to your case will exhibit a persuasive negotiating tool. It will make your client feel confident in your abilities to effectively represent them throughout mediation, which enables them to reach an agreement more confidently and calmly. It will also convince your client that a settlement is near.

Take some time and review all pleadings and/or motions filed within your case, conduct research on relevant case law, and write out offers. You should come prepared to mediation with several offers for the other party to consider, so a copy of the current school year calendar from the county where the children are attending school will likely prove useful.

Schedule a date to prepare your client: This is important because your client must understand what mediation is and the roles each participant has during the process. Rather than speak on the phone, meet with your client face to face to prepare for mediation. Although in-person meetings are not always possible due to COVID-19, using video conferencing applications such as Zoom, Microsoft Teams or Cisco, WebEx bridge the divide. Also, using this method to prepare your client accustoms them to how mediations are conducted these days.

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Keep an open mind: Mediation is a non-binding alternative dispute resolution option designed to facilitate a settlement in a low-conflict environment. Therefore, the best way to approach mediation is with an open mind and willingness to compromise.

Those who enter mediation believing there is only one solution to time-sharing and parental responsibility are usually unlikely to achieve a successful agreement. If you come prepared and open-minded, however, you can explore options until you find something suitable that benefits everyone, especially the children.

Choosing the Right Mediator: The right mediator can increase your chances of reaching a resolution during mediation. This is critical because some mediators may have more experience with time-sharing issues but not enough experience with dividing complex assets. Based on the facts of your case, knowing which mediator to hire can boost your chances of reaching an agreement and reduce the likelihood of your case going to trial. It is okay to shop for the right fit, and your mediator friends who are not the right fit will likely appreciate not being fed to the wolves!

Request Separate Rooms: If your client is a victim of domestic violence with or without an active injunction for protection against the other party, then it would be in their best interest to request separate mediation rooms (breakout rooms for virtual mediation). It can be very intimidating to talk to or hear an abuser’s voice while trying to reach a resolution, and it could further frustrate the mediation process.

File an Application for Determination for Civil Indigent Status: Remember to file this document with your initial pleadings so the Orange County Clerk of Court can declare your client indigent, which may warrant a waiver of fees associated with mediation.

Mediation can seem too good to be true but, in reality, it is a system in which goodness leads to truthful and positive outcomes for everyone involved.

For more information about mediation and how you can help by taking pro bono domestic violence or family law case, please contact Janis Mason at jmason@legalaidocba.org. Tichiena Tucker, Esquire, is available at ttucker@legalaidocba.org, or 407-8418310 ext. 3167. If you would like to learn more about the Legal Aid Society and the number of ways you can make our community stronger through your legal volunteerism and financial support, please contact Donna Haynes, development director, at dhaynes@ legalaidocba.org, or 407-515-1850.

Tichiena N. Tucker, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2019. § 44.1011, FLA. STAT.

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ParalegalPost Is There Anybody Out There?

Finding Content Created for Paralegals

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know it, you know it, and hopefully everyone knows it: paralegals are an integral part of the legal industry and aren’t going anywhere anytime soon.

However, I cannot help but notice that when I find content relating to the legal field – from news articles to training resources – the vast majority of it is geared Shannon E. Hager, FRP towards attorneys, and paralegals seem to be somewhat of an afterthought. While it certainly cannot hurt paralegals to consume content created for attorneys, there is something special to be said about spaces that are dedicated to our unique role in the legal field. With that in mind, I went on the hunt for free, easy to access, paralegal-oriented content. Here is what I found.

Paralegal Society can be found at theparalegalsociety.wordpress. com, and their private LinkedIn group can be accessed by connecting with moderator and mentor, Jamie Collins.

Recommended post: “Help! I am a Paralegal Trapped in a Paper Prison” by Jamie Collins

The Paralegal Voice (podcast) Hosted by former National Association of Legal Assistants’ president Vicki Voisin, The Paralegal Voice is a monthly podcast for and about paralegals that covers issues and trends relevant to the profession. The show features appearances from leading paralegals and other legal professionals. It provides a wealth of downto-earth content for paralegals of all levels of experience and areas of expertise. The Paralegal Voice is available for free on iTunes and Stitcher. You can also listen on their website, legaltalknetwork. com. In addition to hosting The Paralegal Voice, Vicki publishes a weekly e-newsletter for paralegals – “Paralegal Strategies” – and maintains a blog, The Paralegal Mentor, at paralegalmentor.com/ blog.

Recommended podcast episode: “The ‘Pink Collar’ Profession: The Male Paralegal’s Perspective”

The Estrin Report (blog) The Estrin Report is the blog of Chere Estrin, the CEO and founder of the Paralegal Knowledge Institute. Created in 2005, The Estrin Report was one of the first blogs devoted to paralegals, and it has never shied away from tackling controversial topics.

The Estrin Report describes itself as being “created for professional paralegals – not of a certain level, specialty or firm – but of a particular attitude.” The Estrin Report can be found at estrinlegaled.typepad.com.

Recommended post: “Will Paralegals End Up With Too Much Power?”

If you enjoy these podcasts and blogs, please be sure to comment, rate, and participate when you visit each website or listen to a podcast. I encourage you to support those creating these sites and enabling paralegals to lead, learn, and laugh. Take advantage of these resources and start connecting today!

The Paralegal Society (blog and forum) In addition to posting informative paralegal-specific content, The Paralegal Society has created a platform for paralegals to connect and socialize in a welcoming environment through its LinkedIn group. The mission of The Paralegal Society is to “orchestrate a much-needed change in the social aspects of education, mentorship, and camaraderie for paralegals throughout the country.” The

The Empowered Paralegal (blog) Robert E. Mongue, J.D., an assistant professor of legal studies at the University of Mississippi, created this blog while researching the perception of paralegals as professionals. Robert provides extensive commentary on the issues that impact paralegals. His website features a directory of resources to help paralegals educate themselves about their profession and reach their potential.

The Empowered Paralegal can be found at theempoweredparalegal. com.

Recommended post: “Sloppy or Misleading”

Shannon E. Hager, FRP, is a paralegal with Greenberg Traurig LLP. She served as the Paralegal Section president from 2018-2019 and has been a member of the OCBA since 2013. (Reprint from The Briefs, February 2017.)

Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr Juna Pulayya • Lorna Truett • Andrew Windle Hon. Tesha Ballou • Susan Staggs • Mark O’Mara

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theBriefs November 2020 Vol. 88 No. 9

Young Lawyers SectionNews YLS on the Move

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elcome to November! It is hard to believe that we are almost to 2021. This has certainly been a unique and challenging year for all of us. Thankfully, the OCBA and YLS have found ways to ensure that we are still here to support our members and our community.

During the month of October, YLS went pink for Breast Cancer Awareness Month. On October 7, 2020, we put on our pink Kimberlee A. Martin, Esq. outfits and hosted our annual Pink Party, virtually, to support the Libby’s Legacy Breast Cancer Foundation. Libby’s Legacy is a local non-profit organization that provides comprehensive breast health care and treatment to the underserved Central Florida community. Libby’s Legacy also grants wishes to stage IV breast cancer patients so that they can create cherished memories with their loved ones. Our support of Libby’s Legacy continued with our October 21, 2020 virtual Happy Hour for a Cause event, aptly titled Zoom-o-Ween, where we continued to raise funds to help the efforts of this incredible organization. Zoom-o-Ween also gave our members the chance to show off their Halloween costumes as well as tell stories of tricks they may or may not have played when they were kids – it was a real treat! If you have not done so already, check out the photos on Facebook, Instagram, and Twitter.

October is also the time of year we kick off our annual YLS Mentoring Program. On October 16, 2020, the Honorable Dan Traver with the Fifth District Court of Appeal joined us via Zoom to talk with our mentors and mentees about the importance of making connections that will build both personal and professional relationships, which in turn elevate our profession.

theBriefs November 2020 Vol. 88 No. 9

In addition to our charitable and mentoring endeavors, YLS hosted its monthly CLE event on October 23, 2020, titled “Music to My Ears” with speakers Davey Jay and Ryan Brooks.

Davey and Ryan discussed professionalism in entertainment law with our members and shared some fun anecdotes about their jobs handling artists.

As for what we are doing now, during the month of November, make sure to check out our member spotlights. We Davey Jay are sharing the faces of YLS members with insight into what they are thankful for this year. We will also be raising funds for the Basket Brigade, which has gone virtual this year, and participating in a pen pal program with the Life Care Center of Orlando.

As always, make sure to keep up to date on the latest and greatest from YLS by finding us on Facebook, Twitter, and Instagram. Our handle is @ocbayls.

And make sure to use #ocbayls, #wedomore, and #YLStheKEYtoyoursuccess Ryan Brooks when posting about events so we can share in the fun with all of you!

Kimberlee A. Martin, Esq., of Cohen Law Group, handles civil litigation matters, primarily in the area of plaintiff’s first property claims. She has been a YLS board member since 2019 and a member of the OCBA since 2013.

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Voluntary BarNews SideBar

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espite all the uncertainties of the world around us, our voluntary bar associations have been hard at work to help our legal community. Here is a sneak peek at just some of the amazing accomplishments that these bar associations are thankful for.

Orlando Chapter president, Colin S. Baker, and to the entire FBA board for national recognition of your dedication and excellent work this past year!

George C. Young American Inn of Court

The mission of the George C. Young American Inn of Court (“Inn”) is to inspire the legal community to advance CFAWL the rule of law by achieving the highest The Central FloriAlena V. Baker, Esq. level of professionalda Association for ism through example, Women Lawyers has charged ahead, hosting several education, and mentovirtual events aimed at keeping members connected, ring. Members are dihealthy, happy, and informed. This year, CFAWL has vided into service and placed an emphasis on civic participation and voting. pupillage groups. The To that end, CFAWL kicked off September with an pupillage groups make intriguing luncheon featuring former Florida Supreme Court Justice Charles T. Wells. Justice Wells discussed George C. Young American Inn of Court first meeting with presentations at the monthly meetings, and the infamous Bush v. Gore case and how Florida’s elec- new members and new officers. the theme for this year tion law could play a major role in the presidential is “The Art Of.” On September 15, 2020, the Inn held its first election this year and in years to come.

CFAWL has continued to host a variety of its signature Remote meeting, during which new members were welcomed and new Rendezvous. In September, CFAWL celebrated Labor Day with a officers were installed. Like many organizations, meetings will be book discussion focused on working women. The Honorable Tom virtual throughout 2020.

Young led members in a vegan edition of the association’s popular Cooking with the Court series, where members made delicious plant-based enchiladas. In addition, CFAWL created the project Pandemic Pen Pals, where members got together to write to elderly residents and military veterans in our community who may be isolated from friends and family. Members also joined the OCBA’s virtual meditation and yoga practice with Rebellious Warrior Yoga.

CFAWL ended the month with a Sunday brunch that included mimosas and a lesson in the art of making fresh fruit crêpes.

In October, CFAWL made garden gnomes and held a Gardening with the Court after Retirement Zoom event with retired judge, the Honorable Jose Rodriguez. CFAWL members were encouraged to enjoy the fall weather by posting photos of the gnomes placed in their own gardens or around town. Members were treated to two informative CLEs from its annual sponsor, Milestone Reporting. They also enjoyed a joint luncheon with the OCBA and held their annual Fall Festival, virtually, as well as a Halloween party, featuring crafts, games, contests, and prizes! This month, members will be hosting a poker tournament with proceeds to benefit a local food pantry, sharing recipes before Thanksgiving, and focusing on gratitude.

FBA – Orlando Chapter

The Orlando Chapter of the Federal Bar Association received two awards from the national Federal Bar Association in September 2020: the 2020 FBA Presidential Achievement Award and the Outstanding Newsletter Award. Congratulations to FBA

GOAABA

On August 19, 2020, the Greater Orlando Asian American Bar Association hosted its inaugural Asian Fusion Night – Cooking for a Cause. Each Asian Fusion Night showcases an Asian country or culture. A recent event featured the Philippines, with kamayan feast kits from the local Filipino restaurant, Taglish. Chef Michael Collantes joined via Zoom to demonstrate how to make pancit. To finish the tour of the Philippines, the UCF Filipino Student Association Cultural Dance Troupe shared two popular Filipino folk dances. With the sponsorship of Gray Robinson, GOAABA was able to raise enough funds to feed the heroic COVID-19 Unit nurses at Advent Health.

On September 3, 2020, GOAABA partnered with a coalition of Asian Pacific Islander American affiliates in Florida to host its inaugural Pathways to the Bench. The following groups participated: the Asian Pacific American Bar Association (“APABA”) of Tampa Bay, APABA of South Florida, and Jacksonville APABA. Esteemed judges helped make the event a success: the Honorable Raag Singhal, United States District Court, Southern District of Florida; Magistrate Hope Thai Cannon, United States District Court, Northern District of Florida; Honorable Andrea Teves Smith, Second District Court of Appeal of Florida; Honorable Vincent Chiu, Circuit Court, Ninth Judicial Circuit Court; and Honorable Steve Berlin, County Court, Sixth Judicial Circuit Court.

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theBriefs November 2020 Vol. 88 No. 9

On August 19, 2020, GOAABA hosted it’s inaugural Asian Fusion Night – Cooking for a cause highlighting the core components of soulful food, soulful conversation, and soulful cause. Each Asian Fusion Night event will showcase an Asian country or culture! This recent event featured the Philippines with the Kamayan Kit from the local Filipino restaurant, Taglish.

Chef Michael Collantes joined on Zoom to provide a private demonstration of how to make Pancit while the viewers enjoyed the Kamayan Kit. To finish the tour of the Philippines the UCF Filipino Student Association Cultural Dance Troupe shared two popular Filipino folk dances. With the sponsorship of Gray Robinson, GOAABA was able to raise enough funds to feed the heroic Covid Unit nurses at AventHealth. This was such a heartfelt event!

In addition, GOAABA’s voter initiative kept going strong throughout the election season. On September 9, 2020, GOAABA hosted an event titled “General Elections – Voting 101” with the following panelists: Bill Cowles, Orange County Supervi-

sor of Elections; Ricky Ly, founder of Tasty Chomps and the blog, Local’s Culinary Guide; Katrina Dizon Mariategue, acting executive director of the Southeast Asia Resource Action Center; and Phi Nguyen, litigation director for Asian Americans Advancing Justice. The event was moderated by Valerie Boey of FOX 35 Orlando. GOAABA’s voter initiative caught the eye of many local members of the community, including Orlando Magic player Mo Bamba and United States Congresswoman Stephanie Murphy as they shared a nonpartisan message about the importance of voting.

On the morning of September 16, 2020, GOAABA hosted their Virtual Coffee with the Court where attorneys and law students had an opportunity to chat with Judges from the 9th Circuit. We are excited to share that nearly half the attendees were law students! A big thank you to the Honorable Judge Jeanette Dejuras Bigney, the Honorable Judge Amy J. Carter, the Honorable Judge Christine E. Arendas, the Honorable Judge Andrew L. Cameron, the Honorable Judge Vincent S. Chiu, the Honorable Judge Gabrielle N. Sanders-Morency, the Honorable Judge Gisela T. Laurent, and the Honorable Judge Elizabeth Joy Gibson for joining event. The sponsor for the event was Qreate Coffee + Studio where they provided a demonstration of how to make Vietnamese coffee. Prior to the event Qreate Coffee + Studio sold Vietnamese Coffee kits for attendees to participate in the demonstration.

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Food Donation Delivery: Back row Left to Right – Bob Roncska, AdventHealth; Christian Ziegler, Taglish. Front row Left to Right – Charles Gillis, GrayRobinson; Leia Leitner, Esq., Onchantho Am, Esq., Cindy O’Callaghan, Grace Lai, AdventHealth; Tyler Mora, AdventHealth; Chef Collantes, Taglish; Shante Pressley, Esq.; and Janice Chon, Esq.

Main Screen – Quay Hu; Right Panel – Cathleen Winter, Quay Hu, Onchantho Am, Greg Maaswinkel, Judge Cameron and Judge Bigney

On September 16, 2020, GOAABA hosted its morning Virtual Coffee with the Court, where attorneys and law students had an opportunity to chat with judges from the Ninth Circuit. A big thank you to the Honorable Jeanette Dejuras

Bigney; Honorable Amy J. Carter; Honorable Christine E. Arendas; Honorable Andrew L. Cameron; Honorable Vincent S. Chiu; Honorable Gabrielle N. Sanders-Morency; Honorable Gisela T. Laurent; and Honorable Elizabeth Joy Gibson for joining event.

PCPBA

The Paul C. Perkins Bar Association would like to welcome the PCPBA 20202021 board members who were sworn in on September 1, 2020, by the Honorable Faye L. Allen. Congratulations to president Jared A. Brooks; president-elect Benjamin C. Garcia; treasurer Ayana K. Barrow; secretary Annie L. Blanc; parliamentarian Ronalda M. Stevens-Rogers; general counsel Orlando Sheppard; historian Tyrone N. Watson; and immediate past president Roger L. Johnson. Suwana Janvier was honored at the event as the PCPBA’s 2020 Future Leadership Scholarship Award recipient.

On September 16, 2020, the PCPBA hosted its September general body meeting, which addressed issues regarding local policing practices and criminal justice legislation and reform in Florida. The meeting featured panelists Florida Senator Randolph Bracy, Orange County Sheriff John Mina, and Orlando Police Department Chief Orlando Rolón. The meeting was moderated by the PCPBA’s president, Jared A. Brooks.

On September 24, 2020, the PCPBA hosted the forum “YourVoteYourWeapon,”

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Voluntary BarNews continued from page 25

Congratulations to Members of the OCBA’s 100% Club

highlighting the constitutional right to vote. Topics included identifying common barriers to voting such as voter suppression, uncertain access to the polls, lack of language access, accessibility of ballots, vote by mail restrictions, and COVID-19-related #YourVoteYour weapon was a forum that was held to highlight the fundamental constitutional right to vote. The forum sought to identify the common barriers to voting addressing, voter suppression, uncertain access to the polls, lack of language access, accessibility of ballots, vote by mail restrictions, COVID-19, etc. The forum also sought to educate the community on ways to overcome those barriers in preparation of the upcoming Florida voting registration deadline (October 5, 2020). This event was partnered with ALIANZA for Progress and the Voters Education Coalition of Central Florida.

issues. The forum also sought to educate the community about ways to overcome those barriers in preparation for the Florida voting registration deadline, which was October 5, 2020. The event was presented in partnership with Alianza for Progress, a group that seeks to advance leadership opportunities and provide a voice for Puerto Ricans and Latinxs in the community, and the Voters Education Coalition of Central Florida. Panelists included Dr. Gloria Pickar, Kristin Fulwylie Thomas, Alisia Adamson Profit, and Russel Drake. The event was moderated by Florida A&M University College of Law professor Jennifer Smith.

Also on September 24, 2020, the PCPBA hosted My Twisted Therapy-Trap Yoga Edition, which was led by Claire Mia, the founder of My Twisted Therapy. The event sought to embrace the musicality of African-American culture while releasing tension during these difficult times.

Paul C. Perkins 12th Annual Scholarship & Installation Virtual Soiree (September 1, 2020) The installation is a traditional event held to swear in the incoming executive board members. The following board members were sworn in by the Honorable Faye Allen (President: Jared A. Brooks, Esq., PresidentElect: Benjamin C. Garcia, Esq., Treasurer: Ayana K. Barrow, Esq., Secretary: Annie L. Blanc, Esq., Parliamentarian: Ronalda M. Stevens-Rogers, Esq., General Counsel: Orlando Sheppard, Esq., Historian: Tyrone N. Watson, Esq., Immediate Past President: Roger L. Johnson, Esq.).

Additionally, Suwana Janvier (also pictured) was honored at the event as PCPBA’s 2020 Future Leadership Scholarship recipient.

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

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. Lewis & Crichton Marcus & Myers, P.A. 10-19 Members McMichen, Cinami & Demps PLLC Colling Gilbert Wright & Carter, LLC McMillen Law Firm, P.A. Fisher Rushmer McShane & McShane Law Firm, P.A. Legal Aid Society of the Orange County Bar Meenakshi A. Hirani, P.A. Association, Inc. Men’s Divorce Law Firm Marshall, Dennehey, Warner, Coleman & Goggin Morgan, White-Davis & Martinez, P.A. McDonald Toole Wiggins, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. 2-9 Members N. Diane Holmes, P.A. Allen, Norton & Blue, P.A. O’Mara Law Group Anderson & Ferrin, Attorneys at Law, P.A. Perez LaSure, LLC Artemis Family Law Group, PLLC Rebecca L. Palmer Law Group Arwani Law Firm Ringer Henry Buckley & Seacord, P.A. Aust Law Firm Roman V. Hammes, P.L. Banker Lopez Gassler P.A. Sasser & Weber, P.A. Barrister Law Firm, P.A. Sawyer & Sawyer, P.A. Barry Miller Law Schwam-Wilcox & Associates Beshara, P.A. SeifertMiller, LLC Carr Law Firm, P.A. Shannin Law Firm, P.A. Compass Law Southern Trial Counsel Cullen & Hemphill, P.A. Stovash, Case & Tingley Davey Law Group, P.A. Tangel-Rodriguez & Associates DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP The Aikin Family Law Group The Arnold Law Group Divine & Estes, P.A. The Brennan Law Firm Fassett, Anthony & Taylor, P.A. The Elder Law Center of Kirson & Fuller Flammia Elder Law Firm The Fighter Law Firm, P.A. Forward Law Firm P.A. The Law Office of Michael L. Dear, PLLC Gans Law, P.A. The Llabona Law Group Gasdick Stanton Early, P.A. The Marks Law Firm, P.A. Giles & Robinson, P.A. The Skambis Law Firm GoodBlatt – Leo Warner & Warner, P.L. Green Family Law, P.A. West Family Law Group Hale, Hale & Jacobson, P.A. Wieland, Hilado & DeLattre, P.A. Harris Harris Bauerle Ziegler Lopez Wilson McCoy, P.A. Hilyard, Bogan & Palmer, P.A. Wooten Kimbrough, P.A. Hornsby Law Yergey & Yergey, P.A. Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

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 is a board member of the OCBA Criminal Law Committee and has been a member of the OCBA since 2011.

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GuestColumn

continued from page 13 Russell v. Pasik, 178 So. 3d 55, 60 (Fla. 2d DCA 2015); see also Springer v. Springer, 277 So. 3d 727 (Fla. 2d DCA 2019) (holding that a former same-sex partner lacked standing to request recognition of parentage and time-sharing of child born while former partner was in a relationship with the child’s mother, even though the former partner paid for sperm used to impregnate the mother, and even though the parties signed a co-parenting agreement that referred to the child to be born as “our child” and expressed the intention for the parties to jointly and equally share parental responsibility because the former partner had no biological connection to the child); De Los Milagros Castellat v. Pereira, 225 So. 3d 368 (Fla. 3d DCA 2017); D.E. v. R.D.B., 929 So. 2d 1164, 1164-65 (Fla. 5th DCA 2006) (holding that a lesbian parent’s decision to deprive the child, conceived with her former partner, of contact with her former partner was an inadequate ground upon which to base an adjudication of dependency because Florida law does not allow a non-parent to seek custody or visitation); Wakeman v. Dixon, 921 So. 2d 669, 673 (Fla. 1st DCA 2006) (holding that former lesbian partner of genetic mother was a non-parent who was not entitled to seek custody or visitation despite the fact that the parties agreed to have children via artificial insemination during the relationship, executed co-parenting agreements, and partner had co-parented the children); Kazmierazak v. Query, 736 So. 2d 106, 110 (Fla. 4th DCA 1999) (“Without a status equivalent to the biological parent, the appellant [the genetic parent’s former partner], in the present case, lacks standing to seek custody or visitation of appellee’s biological child . . .”); Music v.

Rachford, 654 So. 2d 1234, 1235 (Fla. 1st DCA 1995) (affirming dismissal for failure to state a cause of action of a complaint filed by same-sex partner of genetic parent seeking custody and visitation rights to a child born during the relationship via artificial insemination and raised by the couple for three years on the grounds that non-parents have no right to visitation over the wishes of a biological parent).

8 D.M.T., 129 So. 3d at 338.

9 Pereira, 225 So. 3d at 368 (Fla. 3d DCA 2017) (Logue, J., concurring).

10 D.M.T., 129 So. 3d at 343.

11 Id. at 327.

12 Id. at 340; see also Douglas NeJaime, Marriage Equality and the New Parenthood, 129 Harv. L. Rev. 1185, 1257 (March 2016).

13 First, there is also a need to rework the statutory framework to require both same-sex parents to be listed on the child’s birth certificate. Second, I recognize that this statutory framework can easily be applied to non-married heterosexual couples who are both not biologically related to a child. Third, I recognize that parentage can only be established by two parties; I am not advocating for limitless legal parents for a child.

7

Fla. Stat. § 742.091 (2019).

Parker v. Parker, 950 So. 2d 388, 394 (Fla. 2007) (“The presumption of legitimacy is a constitutional right afforded to every child born into a marriage granting the child the right to remain legitimate, both legally and factually, if doing so is in the child’s best interest.”); see art.

I, § 9, Fla. Const.

16 Mikaela Shotwell, Won’t Somebody Please Think of the Children?!, 15 J. Gender Race & Just. 141, 160 (Winter 2012) (quoting Jennifer L. Rosato, Children of Same-Sex Parents Deserve the Security Blanket of the Parentage Presumption, 44 Fam. Ct. Rev. 74, 76 (2006).

17 McLaughlin, 401 P.3d at 500.

18 Id. at 498.

19 Id. 20 Id. 21 Jason Grant, Appeals Panel Recognizes “Presumption of Legitimacy” for Same-Sex Marriage Child, New York Law Journal (Oct. 5, 2017), http://www.newyorklawjournal.com/this-weeks-news/id=1202799761475/ In-Landmark-Appeals-Panel-Recognizes-Presumption-of-Legitimacy-for-SameSex-Marriage-Child-?mcode=1202615036097&curindex=1&slreturn=20170909115947.

22 Id. 23 Id. 24 Id. 25 Baskin, 766 F.3d at 663.

26 See Shotwell, supra note 18, at 164.

27 Brooke S.B. v. Elizabeth A.C.C., 61 N.E.3d 488, 498 (N.Y. 2016).

28 Id. at 499.

29 Russell, 178 So. 3d at 60 (“When, as in the present case, there is not a biological connection between petitioner and child and it is a non-parent that is seeking to establish legal rights to a child, there is no clear constitutional interest in being a parent.”).

30 Id. at 61.

31 Id. Florida’s statutory ban on homosexuals adopting children was stricken as unconstitutional in 2010, during the pendency of Russell and Pasik’s relationship. See Fla. Dep’t of Children & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010).

32 D.M.T., 129 So. 3d at 328 (quoting Matter of Adoption of Doe, 543 So. 2d 741, 748 (Fla. 1989).

33 Brooke S.B., 61 N.E.3d at 500-01.

34 Brooke S.B., 61 N.E.3d at 497-99.

35 See 13 Del.C. § 8-201 (a)(1)-(6) (2019): (a) The mother-child relationship is established between a woman and a child by: (1) The woman’s having given birth to the child, unless she is not the intended parent pursuant to a gestational carrier arrangement; 14 15

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(2) An adjudication of the woman’s maternity; (3) Adoption of the child by the woman; (4) A determination by the court that the woman is a de facto parent of the child; or (5) The woman’s intending to be the mother of a child born pursuant to a gestational carrier arrangement; or (6) The woman’s having consented to assisted reproduction by another woman under subchapter VII of this chapter which resulted in the birth of the child.

36 See 13 Del.C. § 8-201 (b)(1)-(6) (2019): (b) The father-child relationship is established between a man and a child by: (1) An unrebutted presumption of the man’s paternity of the child under § 8-204 of this title; (2) An effective acknowledgment of paternity by the man under subchapter III of this chapter, unless the acknowledgment has been rescinded or successfully challenged; (3) An adjudication of the man’s paternity; (4) Adoption of the child by the man; (5) The man’s having consented to assisted reproduction by a woman under subchapter VII of this chapter which resulted in the birth of the child; or (6) A determination by the court that the man is a de facto parent of the child.

37 See 13 Del.C. § 8-201 (c)(1)-(3) (2019): (c) De facto parent status is established if the Family Court determines that the de facto parent: (1) Has had the support and consent of the child’s parent or parents who fostered the formation and establishment of a parent-like relationship between the child and the de facto parent: (2) Has exercised parental responsibility for the child as that term is defined in § 1101 of this title; and (3) Has acted in a parental role for a length of time sufficient to have established a bonded and dependent relationship with the child that is parental in nature.

38 The refusal to do so harms children, “[b]y telling them they don’t have two parents, like other children, and harms the parent who is not the adoptive parent by depriving him or her of the legal status of a parent.” Baskin, 766 F.3d at 671.

39 Turner v. Steiner, 398 P.3d 110, 117 (Ariz. Ct. App. 2017) (Winthrop, J., dissenting).

40 Jessica Feinberg, Consideration of Genetic Connections in Child Custody Disputes Between Same-Sex Parents: Fair or Foul?, 81 Mo. L. Rev. 331, 365 (Spring 2016).

41 Id. 42 Brooke S.B., 61 N.E.3d at 499.

43 Obergefell, 135 S.Ct. at 2600 (“Marriage responds to the universal fear that a lonely person might call out only to find no one there. It offers the hope of companionship and understanding and assurance that while both still live there will be someone to care for the other.”).

44 “The intangible fibers that connect parent and child have infinite variety. They are woven throughout the fabric of our society, providing it with strength, beauty, and flexibility. It is self-evident that they are sufficiently vital to merit constitutional protection in appropriate cases.”

D.M.T., 129 So. 3d at 326 (citations omitted).

45 S.M. v. Dep’t of Children and Families, 202 So. 3d 769, 784 (Fla. 2016).

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Legal Aid Society Teaching Tips continued from page 20

secure services for the child and helping them get past this past this difficult time and become successful.

Crossover children need your help. They need GALs who can be depended upon to participate and advocate for the child’s best interest. When one thinks about the trauma our crossover children experience, these are not easy cases, but they certainly are worthwhile. Life does not stop for crossover children, and we are proud to report that many trade their DJJ jumpsuits for graduation caps and gowns, thanks to our GALs’ dedication and children’s resilience.

For more information about becoming a GAL, please contact Ronnie A. Syme, Esquire, at rsyme@legalaidocba.org, or 407841-8310. If you would like to learn more about the Legal Aid Society and the number of ways you can make our community stronger through your legal volunteerism and financial support, please contact Donna Haynes, development director, at dhaynes@ legalaidocba.org, or 407-515-1850.

Ronnie A. Syme, Esq., is a GAL staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2013.

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

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CLASSIFIED ADS EMPLOYMENT

de BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS, NEAL LLP D/B/A DSK LAW ESTABLISHED IN 1976 is one of the largest law firms in Central Florida with the office in Orlando, Tampa, Melbourne and Tallahassee and growing. We have an immediate opening for an Experienced attorney to service Legal Service Plans administered in its Orlando Office. The qualifications are that you must have 5+ years of experience in civil or criminal matters, transactional, document experience and being bilingual a plus.

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Send your resume today! We are a smokefree workplace. jellis@dsklawgroup.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.

ESTABLISHED DOWNTOWN ORLANDO CIVIL DEFENSE LAW FIRM IS SEEKING AN EXPERIENCED PERSONAL INJURY LITIGATION PARALEGAL. Candidate must have a minimum of 10 years experience in personal injury, with superior writing, research and communication skills. Must also be organized, motivated, familiar with medical terminology and proficient in the use of document management and trial presentation software. Resumes to gmaffey@bellroperlaw.com.

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HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial. Excellent salary and benefit package. Call Jean 407 926 7460.

OFFICE SPACE

LAW OFFICE/OFFICE BUILDING: Lk Highland Prep area. Completely Renovated/Updated Old House (Circa 1926), HARDWOOD FLOORS/NEW WIRING, ETC. – 1400+/- sq.ft. $1875.00, plus tax ($112.50) + utilities. Parking included. (407) 473-1545.

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OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 644-9801 or email brucew@mdwpa.com.

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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 407-425-2907; jkk@keatlaw.com.

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Plenty of parking. 515 N. Ferncreek. Jim Sears 407-222-1554 jsearslaw@gmail.com.

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F/T PARALEGAL & LEGAL ASSISTANT POSITIONS AVAILABLE. Email Ray@kwpalaw. com resume and indicate salary range. Small downtown Orlando firm. File organization and support skills are key.

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PAGE 31

O C BNOVEMBER A C -aDECEMBER lendar

)

NOVEMBER

3

LAS Lunchtime Training To Err is Human, To Seal or Expunge is Divine: Juvenile Sealing & Expunction Prerecorded LAS Website Member Perks 8:00 a.m. - 9:00 a.m.

Speaker: Bud Kirk, RumbergerKirk Virtual Business Law Committee Major CLE Planning: What to Expect 12:00 p.m. - 4:30 p.m.

Sponsored by Courtroom

4

Sciences

5

Construction Law Committee Seminar 12:00 p.m. – 1:00 p.m.

Virtual

Sponsored by Milestone

Reporting

10

Professionalism Committee Meeting 8:00 a.m. – 9:00 a.m.

Virtual Estate, Guardianship & Trust Committee Meeting 12:00 p.m. – 1:00 p.m.

ShuffieldLowman Technology Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual Lawyers Literary Society 12:00 p.m. – 1:00 p.m.

Devil’s Dream Virtual Young Lawyers Section Board Meeting 5:30 p.m. – 7:00 p.m.

Virtual

Social Security Committee Seminar 12:00 p.m. – 2:00 p.m.

Virtual

11 12

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DECEMBER

Members Drive 14 OCBA

Up Movie Event 1 LAS Lunchtime Training 5:00 p.m Location TBD

17

LAS Lunchtime Training GAL Training –

Every Child Can Experience Success: Early Intervention for Developmentally Disabled Youth Prerecorded LAS website

18

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

Lowndes Law Judicial Relations Committee Meeting 12:15 p.m.

Orange County Courthouse, 23rd Floor Conference Room (TBD) Young Lawyers Section Seminar 12:00 a.m. – 1:00 p.m.

Virtual OCBA Executive Council Meeting 4:30 p.m. – 6:30 p.m.

Virtual (TBD)

No Place Like Home: Landlord-Tenant and Mobile Homeowner Eviction Defense Prerecorded LAS Website Professionalism Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

8

Estate, Guardianship & Trust Committee Meeting 12:00 p.m. – 1:00 p.m.

ShuffieldLowman

9

11

OCBA Members Holiday Party

6:00 p.m.

The Veranda at Thornton Park (TBD)

15

LAS Lunchtime Training

GAL – Undocumented Does Not Mean Unwanted: Securing Permanency for Immigrant Children Prerecorded LAS Website

16

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

Lowndes Law

23

Lawyers Literary Society 12:00 p.m. – 1:00 p.m.

Night Boat to Tangier –

Kevin Barry Virtual

Health and Wellness Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

Young Lawyers Section Board Meeting 5:30 p.m. – 7:00 p.m.

OCBA Center (TBD) OCBA Executive Council Meeting 4:30 p.m. – 6:30 p.m.

Virtual (TBD)

Winter Holiday OCBA Center Closed

10

19

Legal Aid Society Breakfast of Champions 8:00 a.m. – 9:00 a.m.

Virtual

Please note that OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or

20

Young Lawyers Section Luncheon 11:30 a.m. – 1:00 p.m.

Citrus Club (TBD) & Wellness 25 Health

Committee Meeting

25-31

cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.

12:00 p.m.

OCBA Center (TBD)

26-29

Thanksgiving Holiday OCBA Center Closed

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theBriefs November 2020 Vol. 88 No. 9

880 North Orange Avenue Orlando, Florida 32801

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