Issuu

A Publication of the Orange County

Bar Association

Inside this Issue:

August 2017 Vol. 85 No. 7

President’s Message Opening the Door: A Conversation Liz McCausland, Esq.

Chief ’s Column Taking the Courts to the Community The Honorable Frederick J. Lauten

Professionalism Committee I Really Wish Someone Would Talk to That Guy! Kristopher J. Kest, Esq.

Legal Aid Society What We Do... From the Hard, Hot Ground to a Warm, Inviting Bed Marie M. Priebe, Esq.

March 2016 Vol. 84 No. 3

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theBriefs August 2017 Vol. 85 No. 7

www.orangecountybar.org

PAGE 1

Contents 3

Legal Aid Society News Day of Love and Kindness Larri T. Thatcher, Esq. Donna A. Haynes

President’s Message Opening the Door: A Conversation Liz McCausland, Esq.

Professionalism Committee I Really Wish Someone Would Talk to That Guy! Kristopher J. Kest, Esq.

YLS on the Move Jennifer A. Smith, Esq.

OCBA August Luncheon Carlos Guillermo Smith Florida House of Representatives

Clerk’s Corner New Bill Amends Confidential Information in Court Documents Tiffany Moore Russell, Esq.

OCBA September Luncheon Hilarie Bass, Esq. President-Elect, American Bar Association

Construction Law Committee Two New Laws Affecting the Construction Industry Include Public Projects and Amendments to the Statute of Repose Christopher J. Weiss, Esq.

Chief’s Column Taking the Courts to the Community The Honorable Frederick J. Lauten

Legal Aid Society News Herbert L. Allen, Esq., Receives the Legal Aid Society’s Lifetime Achievement Award Catherine A. Tucker, Esq.

Co-Editors Téa Sisic, Esq. & David A. Meek, Esq.

Associate Editors C. Andrew Roy, Esq., Kate T. Hollis, Esq. Hearsay Columnist Vanessa A. Braga, Esq.

Special OCBA Members Receive Awards at the 2017 Florida Bar Annual Convention

the Briefs

Hearsay Vanessa A. Braga, Esq.

Solo & Small Firm Committee What I Know Now... Opening a Small Firm Practice – Year 1 Heather M. Meglino, Esq.

Paralegal Post A Message to the Paralegal Section Board from a Non-FRP Student Board Member Earl Lugo

Member Perks

New Members

Announcements

Classifieds

36 Calendar

YLS on the Move Jennifer A. Smith, Esq.

w OFFICERS Elizabeth F. McCausland, Esq., President Richard S. Dellinger, Esq., President-elect Mary Ann Etzler, Esq., Treasurer LaShawnda K. Jackson, Esq., Secretary w EXECUTIVE COUNCIL Amber N. Davis, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Wiley S. Boston, Esq., Ex-officio Keshara D. Cowans, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Marketing & Sponsorship Manager Amanda Nethero

Legal Aid Society What We Do... From the Hard, Hot Ground to a Warm, Inviting Bed Marie M. Priebe, Esq.

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication 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 ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

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Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society Citizen Dispute Family Law Mediation Lawyer Referral Service Orange County Foreclosure Mediation Young Lawyers Section

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President’sMessage

August 2017 I Liz McCausland, Esq.

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Opening the Door: A Conversation

want to start a very difficult conversation. It’s one that, frankly, makes me uncomfortable and that we, as a bar, don’t have the answers to. But if we are to serve you as we should, then we must at least open the door to the discussion. We need to talk about the mental health and wellbeing of lawyers, and we need to do it now before we lose more good people to the pressures of our profession. As lawyers, we deal with pressures and challenges unlike those found in so many other professions. Our profession is based in conflict and is a stressful occupation. We work long hours, handle cases with sensitive matters, and are under constant pressure to find and retain clients. And let’s face it, the public opinion of our profession is not usually favorable. All of these factors ‒ and so many more – result in lawyers being the most frequently depressed professionals in the United States. Lawyers as a group are nearly four times more likely to suffer from depression than the general public. Research also indicates that lawyers suffer from higher rates of suicide and substance abuse than those in other professions. Still more studies reveal that lawyers are not likely to seek treatment for substance abuse or mental health issues because of the stigma attached. This must change, and it will change, if we can take this taboo topic out of the darkness and shed some light on it. We have lost a few very good lawyers to substance abuse and suicide in the last few years. Most recently we lost a very well-respected attorney in Coral Gables, Ervin Gonzalez. He was, to all, at the top of his game. He had success in business through the handling of high-profile class action and personal injury suits, and he had success in his personal life from having married his high school sweetheart. He also had a firm that knew of his struggles and was supportive of him, and yet, his suffering led him to take his own life. I can think of five other similar stories I can share of lawyer suicide and even more stories of substance abuse. Over the years, I have met attorneys

who have shared with me their struggles with alcohol. It was from one friend that I learned that Alcoholics Anonymous has special meetings for lawyers so they do not risk attending a meeting with a client. Another friend posts his milestones on Facebook – proudly sharing how long it has been since he has taken a drink and, more importantly, always offering an open door if someone needs to seek help. The conversation about the mental health of lawyers in our profession has started in bar associations across the country. The American Bar Association offers assistance for lawyers as does The Florida Bar. But even more than that, these organizations are trying to address the issue on a much larger scale. At the Orange County Bar, we hope to do the same. We understand the pressures of being a lawyer, so we hope to provide you with some tools and resources to turn to when you or someone you know needs them. We also hope to encourage you to be healthy in other ways. We want to support your well-being and, by doing so, we hope to keep you healthy so you can support our community when it needs you. Along those lines, we have some initiatives that we will be announcing. Some will be fun, like a bar-wide Fitbit challenge, but some will be more uncomfortable, such as how to deal with compassion fatigue. We take on the burdens of our clients and, through our efforts, they gain peace. It seems only fair that we learn how to gain peace as well. I would invite anyone who wants to help enter this conversation to contact me. In the meantime, if you or someone you know needs help, the Florida Lawyers Assistance Program is a good place to start (fla-lap.org). Here’s hoping that one day this conversation isn’t so difficult to have. Liz McCausland, Esq., Liz McCausland P.A., practices in the areas of bankruptcy, mortgage modification and mediation. She also teaches lawyers across the U.S. how to modify mortgages in bankruptcy. She has been a member of the OCBA since 1997.

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ProfessionalismCommittee

I Kristopher J. Kest, Esq.

I Really Wish Someone Would Talk to That Guy!

really wish someone would talk to that guy. Ugh… I’ve got her for opposing counsel? The other attorney did what?! Enter the Ninth Judicial Circuit Local Professionalism Panel. Established by Ninth Circuit Administrative Order 2014-07, the panel addresses, upon your request, instances of unprofessional behavior by and among members of the Ninth Judicial Circuit. Referrals to the panel are made by submitting the form attached to the Administrative Order, which can be found at www. ninthcircuit.org.1* Put your Local Professionalism Panel to work! The panel was created at the direction of the Florida Supreme Court. On June 6, 2013, the Supreme Court directed the chief judge of each circuit to “create a Local Professionalism Panel to receive and resolve professionalism complaints informally if possible.” In re Code for Resolving Professionalism Complaints, 116 So.3d 280, 282 (Fla. 2013). Little other guidance was provided as to the structure, make-up, or procedures to be followed by the local professionalism panels. For the Ninth Circuit, former Chief Judge, Belvin Perry, Jr., created an inclusive panel, seating representatives from 10 local voluntary bar associations. New Chief Judge, Frederick J. Lauten recently entered Amended Administrative Order 2014-07-A-01 and appointed two new at-large members to the panel. But, you may be asking, what kind of issues should I refer to the panel? First, note that any person may make a referral to the panel, including attorneys, judges, members of the public, and The Florida Bar itself. If you feel that an attorney’s behavior merits “a talking to” but does not rise to the level of a formal complaint to The Florida Bar, consider a referral to the panel. You might also consider a referral if it is a “close call” as to whether the behavior merits a Florida Bar complaint. The panel is empowered to make a referral to The Florida Bar if warranted. Okay, but what standards will the panel use to measure the respondent attorney’s behavior? You will be happy to know that the Florida Supreme Court recognized that there are already plenty of professionalism standards available and did not create any more. Instead, the following were identified as the “ideals and standards” to which attorneys in the Ninth Circuit will be held: the Oath of Admission to The Florida Bar;

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The Florida Bar Creed of Professionalism; The Florida Bar Ideals and Goals of Professionalism; the Rules Regulating The Florida Bar; the decisions and administrative directives of the Florida Supreme Court; the Professionalism Standards of the Osceola County Bar Association; and the Orange County Bar Association’s Standards of Professional Courtesy and Courtroom Decorum. Each of these can be found by a Google search. When the panel receives a referral (which can be anonymous), the chairperson assigns three members from the panel to investigate and address the issue within 45 days. The three members selected will hold a meeting to which the respondent attorney will be invited. While attendance by the respondent attorney at this meeting is voluntary (as is everything associated with the process), the three-member panel may take a lack of attendance into consideration when deciding whether to refer the matter to The Florida Bar. So – the big question: What can the panel do to the respondent attorney if it finds a deviation from the ideals and standards? The panel does not have authority to sanction or punish. Instead, it is directed to make “non-punitive, educational and constructive” recommendations. These recommendations may include an oral or written decision to the respondent attorney; referral to a mentoring program, The Florida Bar Ethics School, the Florida Lawyers Assistance Program, or The Florida Bar itself; guidelines to assist the respondent attorney in the future; or any other recommendation the three-member panel deems appropriate. Compliance with these recommendations is voluntary and all records and information received or created by the panel are confidential and are destroyed within 30 days of the conclusion of the proceedings. There is debate within The Florida Bar as to whether these local professionalism panels will be effective. As they say, time will tell. But your Local Professionalism Panel is off to a good start, having handled two referrals** as of this writing. You are encouraged to continue making referrals as needed. The Ninth Circuit is already a great place to practice law, and use of the panel can make it even better. Questions may be directed to the author or to the chairperson, Jeffrey D. Keiner, Esq., at 407-843-8880, or Jeffrey.Keiner@gray-robinson.com. continued page 13

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OCBA LuncheonThursday, August 24, 2017

T Carlos Guillermo Smith

Carlos Guillermo Smith Florida House of Representatives

his month’s guest speaker, Representative Carlos Guillermo Smith, was elected to the Florida House in 2016, representing Central Florida’s 49th district. Rep. Smith co-founded and serves as chair of the Legislative Progressive Caucus. He is known as a staunch advocate for Florida’s working families and students and proudly identifies as a LGBT, Latino, and forward-thinking millennial feminist who reflects Florida’s diversity. Prior to being elected to the House, Rep. Smith was the governmental affairs manager of Equality Florida Institute, Inc. (20152016). On behalf of the group, he advocated for legislative changes to the controversial HB 43, also known as the Pastor Protection Act. He also advocated for measures related to non-discrimination of members of the LGBT community in the areas of housing, employment, and public accommodations. In 2011, Rep. Smith was hired as a legislative aide for Florida House Representative Scott Randolph and later served as communications director and senior advisor to Joe Saunders, who was elected to the House in

2012. From 2012 to 2014, Rep. Smith served as Saunders’ policy chief and ran his legislative office. In 2013, Rep. Smith was elected chairman of the Orange County Democratic Party. As a lawmaker, Rep. Smith has been a champion for civil rights, cannabis reform, affordable higher education, gun safety, mental health, and animal rights. Out magazine has recognized Rep. Smith as one of the “survivors and heroes of Pulse” in its annual Out 100 edition for his outspokenness in support of those impacted by the tragedy. Rep. Smith has received the League of Women Voters of Florida 2017 Making Democracy Work Again Award and the Florida Education Association’s 2016 Human and Civil Rights Leadership Award. He has been recognized by the Hispanic Federation for his leadership. Rep. Smith graduated from Spanish River High School in 1999, and earned a bachelor of science in business administration from the University of Central Florida in 2003.

The Ballroom at Church Street 11:30 a.m. - 1:00 p.m.

Sponsored by:

225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Central Florida Association for Women Lawyers Please RSVP by Monday, September 25, 2017 RSVPs will not be accepted after September 25, 2017 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

September 25, 2017

To cancel, contact Sasha Jaquith at sashaj@ocbanet.org

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Construction LawCommittee

T Christopher J. Weiss, Esq.

Two New Laws Affecting the Construction Industry Include Public Projects and Amendments to the Statute of Repose

here are two new bills of which construction lawyers should be aware. The first is House Bill 599, which deals with public works projects. According to the bill’s text, it is An act relating to public works projects; creating S. 255.0992, F.S.; providing definitions; prohibiting the state and political subdivisions that contract for public works projects and imposing restrictive conditions on certain contractors, subcontractors, or material suppliers or carriers; prohibiting the state and political subdivisions from restricting qualified bidders from submitting bids; providing applicability; providing an effective date. The full bill, which was signed into law by the governor and took effect July 1, 2017, can be found at https://www.flsenate.gov/Session/ Bill/2017/599/BillText/er/PDF. The theory is that the amendment will provide a more competitive bid process for public construction projects where state dollars represent 50% or more of the funding. Prior to this bill, local governments could establish arbitrary prebid mandates on contractors by telling them who they must hire, where they must train, and what benefit packages they must offer if they want to bid the job with that entity. For many small businesses, these mandates made it unaffordable to bid on many public projects. The premise is that increasing competition will benefit Florida taxpayers. The second piece of legislation of consequence is House Bill 377, which deals with limitations on lawsuits other than for the recovery of real property. According to the bill’s text, it is An act relating to limitations on actions other than for the recovery of real property; amending S. 95.11, F.S.; specifying the date of completion for specified contracts; providing for applicability; reenacting S. 627.441(2), F.S., relating to com-

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mercial general liability policy coverage to contractors for completed operations, to incorporate the amendment made by the act to S. 95.11, F.S., in a reference thereto; providing an effective date. The full bill, which was signed into law by the governor and took effect July 1, 2017 and applies to causes of action that accrue on or after that date, can be found at https://www.flsenate.gov/ Session/Bill/2017/377/BillText/er/PDF. What this bill hopes to accomplish is to clarify when and how Florida’s 10-year statute of repose begins to run on a completed project. The statute of repose defines the period in which an owner can sue for alleged construction defects. In a number of recent cases, a final payment was not made for construction costs. By making final payment late, the repose period was effectively extended beyond the 10 years envisioned by the Florida legislature. The pertinent language now states: Completion of the contract means the later of the date of final performance of all the contracted services or the date that final payment for such services becomes due without regard to the date final payment is made. Conclusion Virtually every session of the Florida legislature is full of industry requests for legislative reversal of offending court decisions or local regulations deemed adverse to the powerful construction industry. This year is no different. The key is to stay alert to these important legislative amendments. Christopher J. Weiss, Esq. Christopher Weiss Attorney at Law, P.A., is a boutique construction law firm, focusing exclusively on defects in design and construction. He has been a member of the OCBA since 1998.

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Chief’sColumn

Taking the Courts to the Community

he Orange County Courthouse is an imposing sight in the downtown Orlando skyline. And like all of our facilities in Orange and Osceola counties, the idea of participating in a judicial proceeding can cause anxiety for citizens or visitors to our region. From navigating oneway streets or mastering the Lymmo system, to parking and preparing for the security measures at the door, to figuring out the elevator button system, a visit to the Orange County Courthouse The Honorable Frederick J. Lauten is usually foreboding to anyone who’s not an attorney. Chief Judge For these reasons, the Ninth Judicial Circuit Ninth Judicial Circuit Court Court has implemented many judicial outreach efforts to demystify the courthouse, meet and get to know judges, and remind the public that we are here to serve them. For example, we recently wrapped up this year’s edition of Inside the Courts, a free four-week class that gives citizens a behind-the-scenes look at the court system. In addition to providing the public with an up-close examination of the workings of the judicial branch, the program also addresses some of the more frequently asked questions, such as: • What do judges consider when imposing sentences? • What happens to juveniles who break the law? • Why do I need a will? • Are all individuals who are charged with a crime eligible for bail? • What is a domestic violence injunction? Inside the Courts was developed by retired Judge W. Michael Miller more than 20 years ago and has grown in popularity every year. Everyone from students to seniors attends and interacts with Ninth Circuit judges and staff. Participants receive a certificate of attendance, and the program varies from year to year, so everyone, including past participants, learns new material each year. In addition, program materials are uploaded to our website for anyone to review.

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Along with welcoming citizens to the courthouse, I am very proud that so many of my colleagues and I make it a priority to visit group events and activities to represent the Ninth Circuit in the community. If you follow us on Facebook, you can see photos of judges and staff presenting to civic organizations or attending events with fellow citizens with whom they share interests. Highlights over the last several months include: • Judges O’Kane, Tennis, Caraballo, Munyon, and Doherty had lunch with some of the young women from PACE Center for Girls Orange to celebrate “Believing in Girls Month.” • Judge Faye Allen spoke at the Olympia High School National Honor Society meeting to more than 450 students on the topic of being a justly competent leader. • Judge Wilfredo Martinez attended the Lake Highland Preparatory School Veteran’s Day celebration, as he has for many years. • Cathy Stephens, judicial assistant to Judge John Jordan, participated in a “Teach-In” at Rolling Hills Elementary School, in Orange County. She talked to second-graders about the duties of a judicial assistant and explained to the attentive students the roles of the various people in a courtroom. We fully recognize that much of what takes place in a courtroom can bring on the fear of the unknown. Because of that, we want to be out in the community and interacting with citizens to build warm and trusting relationships. We’d like to do more… so keep us in mind for any local events, school activities, or functions hosted by community or civic groups. We have many stories to tell and we want to meet the people we serve. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

www.orangecountybar.org

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Legal Aid SocietyNews Herbert L. Allen, Esq., Receives the Legal Aid Society’s Lifetime Achievement Award

t the July OCBA luncheon, the Legal Aid Society of the Orange County Bar Association, Inc., recognized Herbert L. Allen, Esq., with its Lifetime Achievement Award. Herb has been a leading advocate for children for 40 years, accepting appointments as a Guardian ad Litem (“GAL”). After joining the OCBA in 1972, Herb was assigned a variety of Legal Aid cases, including uncontested divorces, simple wills, and a paterCatherine A. Tucker, Esq. nity action. He lodged a good-natured complaint with the Legal Aid’s then-executive director (later circuit judge) Walt Komanski, asking for something a bit more challenging. He was told not to worry; Legal Aid had just initiated a new program and he would be sent such a case very soon. Thus, Herb found himself serving as a GAL for an infant girl who had been admitted to the hospital with multiple fractures, and he remained the GAL for that child for the next five years. He has been hooked on the GAL program ever since. For these 40-plus years, Herb has helped 183 children and contributed more than 3,200 hours on closed cases. He just accepted his newest GAL appointment in May 2017. “My feelings cover a broad spectrum,” says Herb. “I’m extremely happy when an Herbert L. Allen, Esq. abused or neglected child is returned safely to the child’s family or is adopted by a loving family. On the other hand, I am very frustrated and sad when a child in the system is subjected to abuse or neglect by a family member or by a foster parent. Fortunately, in my experience the successful returns and adoptions far exceed the other extreme, so I’m happy most of the time.” As an outstanding Guardian ad Litem, Herb has received many awards: Legal Aid’s Individual Award of Excellence and the Judge J. C. “Jake” Stone Distinguished Service Award, as well as The Florida Bar President’s Circuit Award. Finally, he received the highest pro bono honor from the Florida Supreme Court and The Florida Bar – the Tobias Simon Pro Bono Service Award. The Florida Bar president at the time, Rutledge PAGE 10

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Liles, Esq., of Jacksonville, was a childhood friend of Herb’s and presented the Tobias Simon Award to him. “Herbie, as we called him in high school (Alfred I. duPont, in Jacksonville), was one year ahead of me as I recall, and we both were on the football team,” says Rut. “He was better than I. We had a shortage of football helmets back then, and when he wasn’t in the lineup, I would wear his helmet. I made the mistake of mentioning that when I presented him with the Tobias Simon award, which prompted then-Chief Justice Ehrlich to say that he could now understand my problems as I had played too much football without a helmet.” Rut remembers how appropriate the award was: “Herb is an outstanding lawyer and, especially, a wonderful person. He has made innumerable contributions to our profession and is well respected by all who know him. I remember Toby Simon very well as we served on the Board of Governors together in the early ’80s. Toby was devoted to the less fortunate and his premature passing was mourned by all. As I look back I can say that Herb epitomizes the lessons left by Toby. It was my privilege, given our history, to present the award to Herb. He was and continues to be most deserving.” Herb received engineering and juris doctor degrees from the University of Florida in 1962 and 1968, respectively. During 1963-1965, he served as a lieutenant in the U.S. Army. He was admitted to The Florida Bar in 1969 and then received an LL.M. from New York University in June 1972. He joined his current firm, where he continues to handle all types of intellectual property matters. He is Board Certified in intellectual property law. He has substantial experience in litigating patent, trademark, copyright, trade secret, and computer software-related claims in state and federal courts. Herb’s previous experience includes serving as patent counsel to the RCA Corp. at the Sarnoff Research Laboratory from 1969-1972. Herb joined the Orange County Bar Association in 1972 and has been active in the bar ever since. He has also served as chairman of the Ninth Judicial Circuit Grievance Committee (1983; 1975-1980) and as chairman of the Unauthorized Practice of Law Committee for the Ninth Judicial Circuit (1978-1980). He was recognized continued page 24

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Legal Aid SocietyWhat We Do...

From the Hard, Hot Ground to a Warm, Inviting Bed

T Marie M. Priebe, Esq.

hink about when you were fourteen. What did your bedroom look like? Who was your school crush? What was your biggest worry? When I was fourteen, I finally had my own bedroom. It was lime green. My bed set was tie-dyed and my collection of favorite stuffed animals was perfectly lined up and waiting for me to jump into bed. My school crush… well, that was too long ago to remember, but my biggest worry was probably what I was going to wear to school the next day or what my mom packed for me for lunch. Emma’s life was a far cry from my childhood and I would bet from yours, too. Emma did not have her own bedroom. Emma did not even have a home. She bounced around from shelter to shelter, sometimes being forced to stay on the street because her mom and dad got kicked out for fighting or becoming belligerently drunk. Her bed was a cot, or a bench, or the hard, hot ground. She missed school for days on end, but when she did go, it was a welcomed reprieve from her life – a life where her parents could not get through a day without a drink, where her mother had fresh cuts and bruises from being hit by her father, and where the search for a meal or a place to sleep occupied the day. Her brother, Kevin, was only eleven but old enough to know that his life was not a “normal” one. He longed for his parents to get better, to stop fighting, and to stop drinking, but he loved them dearly and was fiercely protective of them. To him, a worse life would be a life without them. When Emma and Kevin were removed from their parents’ care in 2015, they were angry and worried. Despite their own troubles, they wanted to be with their parents but were placed in the care of their grandmother, Margaret. Margaret, a widow in her 70s, lived on a fixed income in a modest home in a safe neighborhood. Her house was cramped but stable. Her adult daughter and son-in-law also lived there since Margaret’s health issues often made it difficult for her to get around. Though the children slept on an air mattress in the living room, they had a roof over their heads and the guarantee of a hot meal on the table. Understandably so, Margaret was overwhelmed. Her grandchildren were sad and distant. Her son, Emma and Kevin’s father, was a violent man with a big drinking problem. He often showed up drunk to the home, shouting insults, mak-

theBriefs August 2017 Vol. 85 No. 7

ing threats, and ready to fight anyone who stood in between him and his children. The children’s mother was just the same, and the parents often battered each other. It was wearing on Margaret, but she refused to give up on her grandchildren. She stopped at nothing to ensure her grandchildren’s safety, even testifying against her own son at the dependency trial. As the case went on, it became apparent that the parents could not put the needs of their own children before their desire to drink. They were offered a number of services but were often evasive or combative with their case manager. The father was arrested nine times while the case was open. The mother, although she completed case plan tasks, would revert to drinking and was very loyal to the father. The parents occasionally saw Emma and Kevin but would often cut visits short or end up arguing in front of them. Although Emma and Kevin were safe with Margaret, they were unhappy. They missed their parents. They often found excuses for their parents’ behavior and begged to be back in their care. They started to resent their grandmother and become withdrawn. To help Emma and Kevin adjust to their new circumstances, their Guardian ad Litem (“GAL”) helped secure counseling, tutoring, and mentoring. The children were enrolled in a number of extracurricular activities, including culinary classes, Boy Scouts, and basketball. Margaret received food stamps and child support and was given twin beds so the children no longer had to sleep on an air mattress. Throughout the case, the GAL stood by Emma, Kevin, and Margaret. The GAL held Emma’s hands as she testified at her parents’ dependency trial. She fought against increased visitation after the parents repeatedly canceled visits or showed up drunk at Margaret’s home. She ensured the children had a Christmas by dropping off presents and gift cards for the family. She also mourned with them as they grieved the very sudden and tragic loss of Margaret’s daughter, Nancy, who lived in the home and helped care for Emma and Kevin. Though it was a long, hard, and emotional road to permanency for Emma and Kevin, through GAL advocacy the children now reside in permanent guardianship with Margaret. The children are happy, safe, and loved. They are doing very

www.orangecountybar.org

continued page 13

PAGE 11

Legal Aid SocietyNews

T Larri T. Thatcher, Esq.

Donna A. Haynes

Day of Love and Kindness

he City of Orlando and Orange County government, in collaboration with Pulse nightclub, designated June 12, 2017, as “Orlando United Day – A Day of Love and Kindness.” The day was dedicated to honoring and remembering the 49 individuals who died in the Pulse tragedy. The community was encouraged to show generosity and kindness by helping the community in some way. The Legal Aid Society of the Orange County Bar Association, Inc., decided to answer the call. The Legal Aid Society, in conjunction with the Orange County Bar Association, has a long history of giving through its pro bono program. After the Pulse tragedy, we heard many family members talk about the need for a will and advance directives, so we decided to provide those services for free. Anyone interested was asked to call our office, schedule an appointment, and fill out a questionnaire so we could pair an individual with a pro bono attorney. At the appointments, which were held in our downtown office on June 16, 2017, participants were assigned a pro bono attorney who completed a will, durable power of attorney, health care surrogate, and a living will for them, which they were able to take home that day. We were thrilled to receive the assistance of many local pro bono attorneys, including Alyse Verner, Esq.; Carla Smith, Esq.; David Trevett, Esq.; Kendra Jow-

ers, Esq.; Pamela Martini, Esq.; Patricia Bowden, Esq.; Shaunda Brown, Esq.; and Suzanne Meehle, Esq. We also reached out to the University of Central Florida (“UCF”) for lay volunteers and received an overwhelming response. Several volunteers spent the entire day with us, greeting participants, serving refreshments, making copies, and serving as witnesses. Our UCF volunteers included Charlotte Deney, Jacklyn Taveras, Karina Ocasio, and Chance Devaney. A newlywed couple who attended that day was thrilled to have such important legal matters handled so soon after their marriage, and all the participants expressed their gratitude for our help. The Legal Aid Society staff, interns, and volunteers also held a food drive to benefit “Seniors First” in Orlando. In keeping with our tradition of pro bono service, we look forward to many more days of love and kindness. We truly appreciate all the volunteers who took time out of their busy day to reflect upon the Pulse tragedy and “pay it forward” to a segment of our community that needed some attention. If you would like more information about pro bono opportunities, please contact Cathy Tucker, Esq., at ctucker@legalaidocba.org. For information about community events, please contact Larri Thatcher, Esq., at ltacher@legalaidocba.org. For information about fundraising and development, please contact Donna Haynes @boc@legalaidocba.org. Larri T. Thatcher, Esq., is the Intake, Outreach, and Community Education Coordinator, and Donna A. Haynes is the Director of Development at the Legal Aid Society of the Orange County Bar Association, Inc. They have been members of the OCBA since 1995 and 2008, respectively.

UCF student volunteers Charlotte Deney, Jacklyn Taveras, Larri Thatcher, Esq., Christopher Devaney, Karina Ocasio

PAGE 12 www.orangecountybar.org

theBriefs August 2017 Vol. 85 No. 7

Professionalism Committee

OCBA YLS Presents

continued from page 4

*To see the most recent Amended Administrative Order, go to the Ninth Judicial Circuit website at https://www.ninthcircuit. org, select “Research,” then select “Administrative Orders.” In the order number search field, enter 2014-07-A-05. Select advanced search, then scroll to and select “Professionalism.” **Since the original date of publication, the number of referrals has increased. For more information, contact Jeffrey D. Keiner, Esq. 1

Morning at the State Courthouse

August 25, 2017 • 8:30 a.m. to 1:00 p.m. Join the OCBA YLS, along with local judges and attorneys from the Ninth Judicial Circuit, for a professionalism panel and discussion on practical advice for attorneys, paralegals, and legal assistants who practice in Orange and Osceola counties.

Kristopher J. Kest, Esq., Kest Family Law, P.A., practices family and has been a member of the OCBA since 2005. He can be reached at kristopher. kest@kestfamilylaw.com, or 407-514-2667. “I Really Wish Someone Would Talk to that Guy” was originally published in the Orange County Bar Association’s The Briefs, November 2014, Vol. 82, No. 10. Republished with permission of the author.

Four Tracks: Criminal Law • General Civil Business Court • Family Law

Legal Aid Society What We Do...

CLE Pending • Breakfast and lunch included

continued from page 11

well in school. Kevin is excelling in basketball and loves the Boy Scouts. Emma enjoys cooking and baking. She has a room of her own with walls covered in posters of her favorite celebrities, TV shows, and music groups. She is finally enjoying the life of a teenager. Her biggest worry now is not where she’s going to sleep at night but what she wants to do with the rest of her life. Are you interested in becoming a Guardian ad Litem? Do you have staff that might like to serve as a Volunteer Advocate for Children (“VAC”)? The story above is an example of the type of work done by attorneys at the Legal Aid Society of the Orange County Bar Association, Inc., and their pro bono partners; they save and change lives along with us. For more information about becoming a Guardian ad Litem or pro bono attorney, please contact Cathy Tucker, Esq., Deputy Director/Pro Bono Coordinator, at ctucker@legalaidocba.org. Your non-lawyer legal friends who would like to join the VAC program may contact Mexcye Roberts, Esq., VAC Program Coordinator, through her assistant, Michelle Erazmus, at 407-841-8310 ext. 3176, or merazmus@legalaidocba.org. Would you like to help with our major fundraiser, the Tenth Annual Breakfast of Champions? Please reach out to Donna Haynes, Development Director, at 407-5151850, or boc@legalaidocba.org.

Cost: $10 per person by August 18 $15 per person after August 18 Register through the OCBA store. http://www.orangecountybar.org/store

Questions?

Contact the co-chairs: Vanessa Braga, Esq. Vanessa.braga@qpwblaw.com Robin Nauman, Esq. Robin.nauman@hklaw.com

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Marie M. Priebe, Esq., is a Guardian ad Litem staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2014.

theBriefs August 2017 Vol. 85 No. 7

Orlando - Daytona - Melbourne:

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PAGE 13

Special

OCBA Members Receive Awards at the 2017 Florida Bar Annual Convention

everal members of the Orange County Bar Association received well-deserved awards at the June 2017 Florida Bar Annual Convention. We extend our congratulations to each of them for their or their firm’s dedication and service to the profession. Judge Bob LeBlanc of the Ninth Judicial Circuit received the William M. Hoevler Judicial Professionalism Award from The Florida Bar’s Standing Committee on Professionalism. The award recognizes a judge who best exemplifies strength of character, service, and competence as a jurist, lawyer, and public servant who communicates his or her dedication to the ideals of justice and inspires others to the mission of professionalism. Speaking about Judge LeBlanc, former Florida Bar president Bill Schifino, Esq., noted that “Judge LeBlanc is known to have an ‘open door policy’ [...] and demonstrates commitment to the professional growth of those with whom he works.” Among many outreach activities, Judge LeBlanc mentors law students, is a guest lecturer at schools and universities, serves as a mock trial coach and judge, and has been a lead judge in the OCBA’s Pathways in Law program. Judge Steve Jewett of the Ninth Judicial Circuit received the 2017 Judge of the Year Award, which was presented by the Justice Teaching initiative of the Florida Supreme Court to the judge who most accurately embodies the spirit of Justice Teaching in delivering civics education to the children of Florida. In addition to implementing local and state of Florida high school mock trial competitions, Judge Jewett regularly assists with recruiting judges for this massive competition, which features teams from Florida’s 20 judicial circuits. He also works annually with The Florida Bar Law Related Education Committee’s constitutional education programs and participates in middle and high school academic competitions to evaluate students’ knowledge and understanding of the U.S. Constitution, the judicial review, the role of the courts, and landmark cases. Judge Jewett’s commitment to civics and lawrelated education serves as a model of excellence. Paul L. SanGiovanni, Esq., a member of The Florida Bar Board of Governors representing the Ninth Judicial Circuit since 2011, received the President’s Award of Merit. Over the years, he has served on many Florida Bar committees. In 2016-17, Paul served as chair of the Budget Committee, overseeing a $43 million budget, and chair of the Communications Subcommittee, which developed the newly launched website. He was a member of the Executive Committee, the Special Committee on Gender Bias in the Profession, and the Strategic Planning Committee. He also served as board liaison to the Member Benefits Committee

and the Standing Committee on Diversity and Inclusion. Bill Schifino, Esq., said that “in everything Paul does, his passion for the Bar and for justice are evident. His energy level is always at top speed, and he is, above all, a really good person.” Paul is a partner with the business trial group at Morgan & Morgan, P.A. Mary Ann Morgan, Esq., a member of The Florida Bar Board of Governors representing the Ninth Judicial Circuit since 2009, received the Tony Boggs Excellence in Discipline Award. The award recognizes dedication, integrity, intellectual excellence, and extraordinary work in and on behalf of the lawyer discipline efforts. Throughout the years, Mary Ann has served on virtually all Florida Bar committees, and this past year chaired the Disciplinary Review Committee (“DRC”), as well as served on the Executive Committee. She is a past chair of the Ninth Judicial Circuit Grievance Committee. Remarking on Mary Ann’s dedication and accomplishments, Bill Schifino, Esq., noted that she has been a member of the DRC the entire time she has served on the board and that she “provides a stabilizing influence and guide for all of us. Mary Ann keeps us grounded.” Mary Ann is the managing partner at Billings, Morgan & Boatwright, LLC. GrayRobinson, P.A., received the 2017 Award for Excellence in the Promotion of Board Certification. The award is given to law firms and/or individual lawyers who demonstrate excellence and creativity in advancing the public’s knowledge of and appreciation for legal board certif icat ion. T he B oa rd of Legal Specia lization and Education created the award in support of the Supreme Court of Florida’s belief that the certification program is an excellent way to help members of the public Scott Rubin, Esq.; Mayanne Downs, Esq. select the most qualified attorneys for their needs, and to encourage lawyers to aspire to excellence and the high-

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theBriefs August 2017 Vol. 85 No. 7

est degree of professionalism. Accepting the award on behalf of the firm, Mayanne Downs, Esq., president and managing partner, said that “our attorneys continuously strive for excellence and are committed to furthering their legal education, certifications, skills and training. We are very grateful to receive this award recognizing their hard work and effort.” Eric R. Elms, Esq., received The Florida Bar Young Lawyers Division Board of Governors Most Productive Board Member Award. The award is given to one YLD board member, making it a highly prestigious accomplishment. Eric, one of three attorneys elected by the Ninth Judicial Circuit to the YLD board, has served on the board for the past four years. His duties included analyzing the legal issues and responsibilities facing fellow constituents. One of his hallmark achievements was revamping and putting the Practicing with Professionalism program online. In speaking about the award, Eric said

that he “could not have had as productive a year without the Practicing with Professionalism committee and the help of the Young Lawyers Division executive leadership.” He is looking forward to continuing his work with YLD and expanding programs for underprivileged Florida citizens. Eric is an attorney with Fisher Rushmer, P.A. Mr. Schifino’s quotes: The Florida Bar News, July 15, 2017.

Eric R. Elms, Esq.

The Hon. Bob LeBlanc, The Hon. Steve Jewett, Chief Judge Frederick J. Lauten

Mary Ann Morgan, Esq. Paul L. SanGiovanni, Esq.

Wayne L. Helsby, Esq. Mary Ann Morgan, Esq. Julia L. Frey, Esq., incoming member of the Board of Governors Paul L. SanGiovanni, Esq.

theBriefs August 2017 Vol. 85 No. 7

www.orangecountybar.org

PAGE 15

10th Annual

Breakfast of Champions To Benefit

Legal Aid Society of the Orange County Bar Association, Inc.

Thursday, November 2, 2017

7:30 a.m. until 9:00 a.m. Doors open at 7:00 a.m. for networking Presidential Ballroom at Church Street Station 225 South Garland Avenue, Orlando, FL 32801 Parking limited • Reservations Required SPONSORSHIPS AVAILABLE: Platinum - $10,000 • Gold - $5,000 • Silver - $2,500 Copper - $1,000 • Bronze - $500 SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials. For sponsorship or to make donations, visit:

www.legalaidocba.org

Legal Aid Society of the Orange County Bar Association, Inc.

Go to Donation Tab, By Donation Note: 2017 Breakfast of Champions

FOR MORE INFORMATION CONTACT:

Donna Haynes, Development Director (407) 515-1850 or boc@legalaidocba.org

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theBriefs August 2017 Vol. 85 No. 7

OCBA Annual Trivia Contest Wednesday, August 30, 2017

Ace Cafe Orlando 100 W. Livingston St. Orlando, FL 32801

5:30 p.m. – Registration 6:00 p.m. – Trivia starts Registration deadline: August 28, 2017

TEAM: $100

•Teams are limited to 5 players

•Teams must be registered by an OCBA member

NON-PLAYERS: $ 15 – OCBA member $ 25 – Non-member Trivia host services donated by “Orlando Trivia Nick,” Nick Seidule, Esq., Seidule Law

Included: Appetizers and a limited beverage tab to include beer, wine, & well drinks. Late registration & at the door: Add $5

www.orangecountybar.org

PAGE 17

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theBriefs August 2017 Vol. 85 No. 7

Law Day 5k Run April 29, 2017

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theBriefs August 2017 Vol. 85 No. 7

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theBriefs August 2017 Vol. 85 No. 7

26th Annual OCBA-YLS Golf Tournament

Friday, September 29, 2017 Shotgun Start at 8:00 a.m. followed by Reception, Lunch, Awards & Raffle

Please send your registration form and check made payable to the “OCBA” to: Stephanie Alcalde 800 N. Magnolia, Suite 1500 Orlando, FL 32803

Entrance Fees:

$750 Foursome $195 Individual Golfer $175 Individual Judge or Government Attorney

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Mail your check no later than September 15, 2017

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This is the main fundraiser for YLS with all proceeds from this event supporting YLS’s charitable endeavors. Your generous support helps ensure that the YLS can continue to put on the events that make the OCBA-YLS the best Young Lawyers Section in the country.

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PAGE 21

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theBriefs August 2017 Vol. 85 No. 7

YLS on the move

our biggest events of the year and is always an excellent recruiting tool to keep top talent in the Orlando area and active in our bar association. The event was also a great opportunity for young lawyers and law clerks to network with area judges and attorneys in a relaxed, fun setting. Congratulations to Amber Williams, Esq., and Brian Lawrence, Esq., on an amazing event. Look for photos in the next issue of The Briefs. On July 29, 2017, YLS members gathered at the Winter Park Racquet Club for paddle boarding, followed by a pool party. Snacks and lemonade were provided and YLS members were able to have some quality fun in the sun. Stay tuned for these upcoming YLS events: August 18, 2017 – YLS monthly luncheon at the Citrus Club 11:30 a.m. to 1:00 p.m. Our speaker will be Demetria Hill Sloan, founder of Vantage Point Coaching, LLC. Register by August 16 at the OCBA Store. Jennifer A. Smith, Esq. August 23, 2017 – Social Media Series: Attorney Advertising on Social Media. This lunchtime CLE series is being presented in conjunction with the OCBA Professionalism and Technology commitYLS Joint tees from 12:00 p.m. to 1:00 p.m. at the OCBA Networking Event Center. The seminar is free for members, but registration is required. Register by August 21 at the OCBA Store. August 25, 2017 – Morning at the State Courthouse. The program, which runs from 9:00 a.m. to 1:00 p.m., will be held at the Orange County Courthouse. Join us, along with judges and attorneys from the Ninth Circuit, for a professionalism panel and discussion on practical advice for attorneys and legal assistants. CLE is pending. For registrations by August 18, the fee is only $10 (late registration: add Rafael Rodriguez, Esq.; Andrew Irvin, Esq.; Brandon Sapp, Esq.; Brittney Melendez, Esq.; $5). For details, contact Vanessa Braga at Brock Hankins, Esq. Charity Tonelli, Esq. vanessa.braga@qpwblaw.com, or Robin Financial Advisors, and the Young CPAs, for a Nauman at robin.nauman@hklaw.com. joint networking event at the Abbey benefitting th Canine Companions for Independence. This was September 29, 2017 – 26 Annual YLS Charthe first of a planned annual joint event. Drinks ity Golf Tournament. Get ready to play golf and and appetizers were served, and each of the orga- raise money for YLS’s charitable endeavors! This year’s event will be held at the Ritz-Carlton Golf nizations’ leaders addressed the group. Club Grande Lakes. As always, it’s an 8:00 a.m. Our July 14, 2017, luncheon featured Zack shotgun start, followed by a reception, lunch, Zuroweste, Esq., president of The Florida Bar awards, and a raffle. There are plenty of sponsorYoung Lawyers Division. Zack spoke about the ship opportunities. For registration and sponsormember benefits available to YLD members. ship details, please contact Stephanie Alcalde at These benefits include free CLEs, www.startmy- stephanie@theorlandofamilyfirm.com, or Brock floridalawfirm.com, and Lawyers Advising Law- Hankins at bhankins@allendyer.com. yers. In turn, our members informed Zack about all the great things OCBA members are up to And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls. and, of course, that #wedomore. ur mantra this year is #wedomore, and here are some of the things we have been doing: On June 16, 2017, we welcomed guest speaker Adriana Linares, from LawTech Partners, to our monthly luncheon. Adriana gave a fast-paced presentation, providing technology tips to help us improve our productivity and personal life. She is a law practice consultant and legal technology coach, who frequently speaks at national technology conferences and serves as a regular contributor to legal blogs and publications. In July, we held part two of a three-part CLE seminar series on topics related to the dos and don’ts of social media. The series is being presented in conjunction with the OCBA’s Professionalism and Technology committees. The first lunchtime seminar was titled Attorney Conduct on Social Media, and the second was Client Conduct on Social Media. Be sure to register for the final seminar, Attorney Advertising on Social Media, scheduled for August 23. You can register through the OCBA store. The seminars are free for members and lunch is provided. On June 27, 2017, we joined Orlando Young Professionals, National Association of Insurance and

Keshara Cowans, Esq.

On July 20, 2017, we hosted our annual Young Lawyers and Law Clerks Reception at the Orange County Regional History Center. This is one of

theBriefs August 2017 Vol. 85 No. 7

Jennifer A. Smith, Esq., partner at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

www.orangecountybar.org

PAGE 23

Legal Aid Society News continued from page 10

for his body of work as a lawyer and his leadership with the OCBA’s 2015 William J. Trickle, Jr., Professionalism Award. “Attorneys like Herb are the core of any pro bono program and his lifetime commitment to children and Legal Aid make him a leader in our community,” says Cathy Tucker, Esq., Legal Aid Society’s pro bono coordinator. “We would not have a program without Herb Allen. As our recognition says, Herb has been a tireless advocate for children for more than 45 years and a creator and cultivator of the Guardian ad Litem tradition in Orange County. We are in awe of his humanity and commitment.” Catherine A. Tucker, Esq., is the Deputy Director/Pro Bono Coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 1986.

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theBriefs August 2017 Vol. 85 No. 7

Hearsay...

Vanessa A. Braga, Esq.

ecently, as part of a meeting icebreaker, I was asked to discuss someone who inspired me. As we went around the room, we listened to the stories of the individuals – both well-known and obscure – who moved our fellow lawyers. When it came to my turn to share, I shared the following quote: “We do not need magic to transform our world. We carry all of the power we need inside ourselves already.” – J.K. Rowling As I write the “Hearsay” column monthly, it is clear that we have remarkable leaders in the Orange County Bar Association who continually make a change in the world. And now, on to this month’s exciting “Hearsay” news: Awards, Accomplishments & Professional Recognitions Kenneth Hazouri, Esq., a partner in DSK Law’s Orlando office, has become Board Certified in appellate practice by The Florida Bar. Four partners in the Orlando office of Rumberger, Kirk & Caldwell, P.A., were recognized as 2017 Super Lawyers in their respective practice areas: Larry M. Roth, Esq. (personal injury defense: products liability); J. Scott Kirk, Esq. (personal injury defense: general); William “Bud” Kirk, Esq. (business litigation); and Daniel Gerber, Esq. (business litigation). Cecelia Bonifay, Esq., a partner in the Orlando office of Akerman LLP and chair of the land use and sustainable development practice, was named in the 2017 edition of the Legal 500 in its real estate and construction – land use/zoning category. Three attorneys in the Orlando office of Akerman LLP, were named to the 2017 issue of Chambers USA Guide in their respective practice area: Richard T. Hurt, Esq. (tax: employee benefits); Jules S. Cohen, Esq. (bankruptcy/restructuring); Joseph E. “Ed” Foster, Esq. (litigation: general commercial). Two partners in the Orlando office of FordHarrison LLP, were recognized in the 2017 issue of Chambers USA Guide as leading individuals in labor and employment law: Aaron L. Zandy, Esq., and Allen J. McKenna, Esq. Hal K. Litchford, Esq., a shareholder with Baker Donelson, has been ranked as a leading practitioner in the 2017 issue of Chambers USA. Hal was ranked in Band 2 in the antitrust practice area.

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Speaking Engagements & Community Involvement Patrick Delaney, Esq., an attorney with Rumberger, Kirk & Caldwell, P.A., has been elected for a one-year term to the Ninth Judicial Circuit’s professional panel. The panel screens, evaluates, and acts upon allegations of unprofessional conduct between attorneys. On the Move Steven Burres, Esq., has been promoted to general counsel of Rotech Healthcare, Inc. Steve previously served as its associate general counsel. Congratulations! Michelle Kane, Esq., joined the Quick Law Group as the managing attorney for the firm’s Winter Park office. Michelle provides women with legal representation for family law matters. Onchantho Am, Esq., joined Southern Trial Counsel. Spencer L. Payne, Esq., has become a member of the medical malpractice and nursing home negligence team in Morgan & Morgan’s Orlando office. Britney B. Claud, Esq., has returned to the Orlando office of Quintairos, Prieto, Wood & Boyer, P.A., as an associate attorney. Her practice areas include assisted living facility, nursing home, premises liability, and medical malpractice defense. DSK Law’s Orlando office has two new associate attorneys in its general litigation practice: John Farren, Esq., and Brett Norvig, Esq. Michael Barber, Esq., has joined Lindsey & Ferry, P.A. Michael will defend and litigate for people who have been accused of crimes. As always, the “Hearsay” column is for you. Feel free to send any news and achievements for publication to vanessa.braga@qpwblaw.com. See you in October! Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of nursing home and assisted living defense litigation, premises liability, employment, and medical malpractice defense. She has been a member of the OCBA since 2014.

www.orangecountybar.org

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Solo & Small FirmCommittee What I Know Now... Opening a Small Firm Practice – Year 1 Note: Part 1 of this two-part series will explore what is involved during the first year of establishing a solo practice. Part 2 will take a look at a solo practice from a five-year perspective.

I Heather M. Meglino, Esq.

t has been almost a year since the opening of my law firm and, wow, that time flew by! I wanted to write this now, while I am still fresh, before I forget what it was like to be in the trenches and starting my own firm. Below is a candid look at the struggles, the successes, and the tools I used in the process. The Planning This was not something I just decided to do one day on a whim. This started out as a multi-year plan, which was later condensed to about six months. I spent countless hours, along with a previous law partner, working on items well before we decided to take the leap. We made lists, and more lists of items to be accomplished before we would decide to leave our current jobs. We were like sponges, reading and listening to just about any resource we could get our hands on. We also met with countless solo practitioners to pick their brains and try to avoid any mistakes we could by learning from those who did it before us. The Surprising Camaraderie The camaraderie among solos and small firms is amazing. It is as though I joined a secret, maybe not so secret, society by joining the ranks of other attorneys who have their own practice. It feels like a badge of honor; I think we can all look at each other knowing we have all been through a similar experience. This is also a shameless plug for the OCBA Solo & Small Firm Committee, which has provided a wealth of camaraderie and knowledge for me. It’s Always About Money That’s right. I am going to go there because I think, too often, we as lawyers feel that if we are not rolling in the dough, our ability is somehow diminished. I know so much about many solo practitioners, but I have no idea what anyone makes. I am a sole provider for myself; I have no additional income from a spouse or anyone. This can be quite scary at times. I do not mention this for sympathy, but it is simply a reality that going out on your own may not be possible if you do not have savings or the other financial support. I am fortunate to have my parents to help with paying bills if I get in a crunch. However, even with that support, when you are used to having

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a check deposited into your bank account every two weeks no matter what, it is quite the lifestyle change to work solo, and you should be prepared for that. My advice is to reduce your cost of living expenses as much as possible prior to going out on your own. Budget, Negotiate, and Budget Some More Because of this, my previous law partner and I carefully budgeted every single expense we could possibly think of. We met with an accountant to have our budget reviewed and eventually came up with a start-up cost for our investment. We budgeted conservatively and negotiated every single contract we could. Surprisingly, we were quite successful in economizing and keeping our startup costs to a minimum. For example, we started with a six-month lease for a virtual office to keep our overhead down as we were building our client base. We also negotiated as many short-term contracts as we could. It did not make sense to sign a three-year contract when we had not even been opened six months. We also requested additional language be added to our contracts that would allow us out of the contract in the event our firm dissolved. Some may think this is pessimistic, but we all have seen the statistics on start-ups. Our point was to make sure we were protected in even the worst case scenario. Once our services were in place, the key was to have reserves that would give us time to survive while we built our client base and began billing. For example, we knew if we opened on August 1, we would not be billing until the end of the month, and clients would have 30 days to pay. So even if we had paying clients on our first day, we would not see any money until about October. Obviously each firm has different fee schedules, but given the system we were implementing, we knew we would have to account for covering our overhead during the lag time. We were so fortunate to be able to get clients right when we opened, but if we had not had a budget and a sense of our overhead costs, we would not necessarily have made it. Even with our careful planning, our quite conservative budget fell short. Although we have been profitable every month since our opening, and have maintained our overhead, we are obviously not paying ourselves as much as we were making before. Things can get tight! If you do not have a large rainy-day fund set up prior to opening, I recommend identifying some potential cash re

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ources in advance. For example, most loans for small businesses require you to verify revenue for at least a year. While it may be an option in the future, it might not be a feasible solution at the onset, so look for other solutions. This may mean making sure you have enough savings to live off of for several months, or putting a line of credit on a home you own. Time I always like to start off by telling people: it is not any less work for me, I just spend my hours differently. For example, I work on my firm every weekend. I certainly do not have to, and there is no boss standing over me asking me about my billable hours, but I know that every minute I spend developing my business could result in future income. While I enjoy a great deal of flexibility by not having to work while I am sick or take time off when I need it, there is some inflexibility as well. In the beginning, we chose not to have any support staff. We would wear all of the hats: receptionist, legal assistant, IT, marketing, billing, website, etc. The inflexibility sometimes comes with the inability to delegate. So, if that video needs to be put the website, or that phone is ringing, you do not always have the option to ask someone else to do it. I remember how bizarre I thought it was when the phone first started ringing on Saturdays and Sundays. Am I supposed to answer that? Don’t they know it is the weekend? Or should I answer to show how dedicated and available I am and not miss out on the client? As a side note, one of the best tips we were given before we opened was to have someone else do our collection calls. We delegated this to our family (sorry family), and I am so thankful we did, because it becomes way too awkward a conversation for the attorney to have with the client. Marketing I realized that in the beginning, you have more time than you do money. For me, this meant a couple things. I could not simply pay someone to do something I needed but did not necessarily know how to do. For example, I now had to learn about working with a WordPress website and increasing SEO. We spent a ton of time on webinars, listening to podcasts, and attending seminars. When the work was slow, we spent more time networking at every opportunity and coming up with inexpensive ways to market the firm. Our goal was to start with a small marketing budget and slowly increase the amount of money over time, which worked well for us. I also joined a professional networking association (“PNA”) referral group. A PNA theBriefs August 2017 Vol. 85 No. 7

basically increases your sales team from one or two people, to dozens. How’s Business? I get asked this at least once a day. The question can be quite daunting. This goes back to the pay question. If I say anything less than “great, we are super busy,” does that imply that business is not going well or that you are not a great attorney? I usually say “great, but I want more!” As a small firm, you are always thinking about where your next case is coming from. I could be having a drink at a restaurant or getting into an Uber, and let me tell you, I have my business cards and my elevator speech ready to go. I would encourage everyone to change the “how’s business?” question to “how can I help you?” I believe “how’s business?” does not really convey a positive message. I am sure that everyone who has been through the early phases of establishing a business can relate to the feelings this question stirs up. Dissolution of Partnership During the time I was writing this article, my law partner and I decided to dissolve our partnership. It was a business decision we both had to make and a harsh reality that many partnerships face. If you are considering starting a partnership, be sure to iron out all the details in advance – details that include dissolution of the partnership. I recommend you develop fi-

nancial plans for a variety of partnership outcomes, such as lack of income, breakeven situations, the early stages of becoming financially sound, and so on. By way of example, the firm may not make enough money in the beginning to fill salary levels, so you have to determine at what point salaries or distributions will begin. Build Your Support System This brings me to my next point. I realize that everyone’s experience is different. Sometimes it feels like you have to rely on so many people for support during this process. This was difficult for me because I am independent by nature. One thing I can say is that I am truly appreciative of our amazing bar association and the great lawyers in our area who have helped me every step of the way. Having family, friends, and significant others on board to help you achieve your goals and dreams is crucial to your success. Up Next: Five Years and Counting As indicated, Part 2 of this series will be from the perspective of being in business for five years. Thomas Feiter, Esq., will provide insight into the obstacles overcome and the challenges still to be faced. Heather M. Meglino, Esq., Meglino Law, LLC, practices business and employment law, with a focus on providing in-house counsel services and representing business owners and employers. She has been a member of the OCBA since 2013.

Maria E. Espinosa, Esq. Mediation ServiceS Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015 Bilingual English/Spanish

407-733-3662 espiesq@aol.com

Major Seminars at the OCBA Center

See Announcements on page 33 for additional details

October 13

Solo & Small Firm Committee

How to Ethically Run a Profitable Solo or Small Firm 9:00 a.m.-4:00 p.m. // CLE pending

OCBA Store www.orangecountybar.org/products/seminars

www.orangecountybar.org

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Brown Bagging with the Bobs The Honorable Bob Egan & the Honorable Bob LeBlanc

Bring your lunch and pick up great practice pointers on September 11 and October 9! 12:00 p.m.-1:00 p.m. ||| Orange County Courthouse, 23 Floor RSVP to: Lynn Harasti at ctjalh1@ocnjcc.org rd

Sup port the oCBA! r eCommend thi S CourS e!

Florida Online Traffic School • Fast, easy, convenient • Available 24/7 • Online instructions • Telephone support

Basic Driver Improvement 4-hour course (Traffic Ticket - TCAC) First-time Driver 4-hour course Advanced Driver Improvement 12-hour course (ADI / Judge-ordered class) Florida Mature Driver Program 6-hour course All traffic courses are approved by the Florida Department of Highway Safety & Motor Vehicles and sponsored by the American Safety Council. Register: orangecountybar.org.

The Orange County Bar Association is pleased to provide you with a list of vendors that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.

•Advertising•

The Baker Press, Inc. – Finest Quality Printing since 1968 Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 dthompson@thebakerpress.com Living Magazines, Inc. /Vail Living Agency – Innovative Print & Advertising Design Catherine Hébert • P.O. Box 3450, Grand Junction, CO 81502 970-331-6491 • trinitycathy@yahoo.com

•Legal Support Services•

Boehm & Boehm Forensic Media Consulting – Certified Comprehensive Litigation Support Solutions Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 407-405-8483 • florian@boehmboehm.com Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services. Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership. Vaunda Lyles • 407-925-3398 • vaunda.lyles@thomsonreuters.com Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979. Evelyn Quintana • 315 E. Robinson St. S-510, Orlando, FL 32801 • 407-423-9900 evelyn@milestonereporting.com Data Analyzers Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! Andrew von Ramin Mapp • 805 S. Kirkman Rd, Ste. 202, Orlando, FL 32811 321-206-6718 • andrew@forensicanalyzers.com Perfect Practice – Software that fits your practice. – Replace the hodge podge of software with one integrated solution. Perfect Practice fits your practice without changing the way you manage your practice. Richard Prieto • P.O. Box 540086, Orlando, FL 32854 • 407-843-8992 info@perfectpractice.com

•Professional Services•

Florida Lawyers Mutual Insurance Company – Created by The Florida Bar to provide high quality professional liability insurance and guaranteed personal service! 541 E. Mitchell Hammock Rd., Oviedo, FL 32765 • 800-633-6458 mailbox@flmic.com

Invite your colleagues to join the OCBA today! Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! 407-422-4551, ext. 225

The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

PAGE 28 www.orangecountybar.org

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ParalegalPost A Message to the Paralegal Section Board from a Non-FRP Student Board Member

M Earl Lugo

y name is Earl Lugo, and I recently graduated from the Paralegal Studies program at Valencia College. After being in the legal field for more than 20 years and working behind the scenes in the office services department, I decided that I was ready to do something different with my life. My wife, who was also my childhood friend, convinced me that I would make a good paralegal and encouraged me to go back to college. The decision to return to college as an adult was very difficult and life-altering. A few years into my college education, while attending classes at night and working full-time during the day, I was approached by a colleague at Greenberg Traurig, P.A., who suggested that I consider joining the OCBA Paralegal Section as a student member. As a student, I qualified to be part of such a prestigious organization even though I was not yet a certified or registered paralegal. My colleague also sat on the OCBA Paralegal Section’s board of directors. She advised me that they were looking for a student member to be appointed as a non-FRP board member. I carefully considered the opportunity and made the decision to join the board and become involved in the organization. As a new board member, I was very excited to be part of the Paralegal Section and an integral part of the board! Last May, I was sworn in by Chief Judge Frederick Lauten right in front of all the OCBA members at the annual installation luncheon. The monthly luncheons are well attended by a few hundred judges, attorneys, and paralegals. I also had the honor of meeting and mingling with several judges and prominent local attorneys. Some of the attorneys I encountered knew me from my prior job and were happy to hear that I was in the process of changing my career path. My first year as a board member was filled with exciting meetings and events. We were responsible for putting together some amazing fundraisers, and partnered with the United States Marine Corps for their annual Toys for Tots event. At our 2016 annual holiday party at the Citrus Club, we collected several hundred unwrapped toys for underprivileged children. During the holiday party, we were able to personally thank our friends in

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the armed forces who voluntarily place their lives on the line in order to keep us and our country safe. It was very meaningful. Throughout the year, the Paralegal Section hosted many events, featuring some amazing speakers on a vast array of topics. At one of our CLE lunch-and-learn events, our vice president was unable to attend, and I was hand-picked by another board member to take his place and introduce the guest speaker. I was excited for the opportunity. The speaker was Circuit Court Judge Bob LeBlanc, who was not only an excellent guest speaker, but a very down-to-earth person. Judge LeBlanc shared some amazing stories as to why he became a judge and provided me with some excellent advice as to how to carry myself in a courtroom. Since I have been a Paralegal Section non-FRP board member, I have been able to meet many other judges, police chiefs, councilmen, attorneys, and paralegals. It feels great that I am able to help make a difference in our community while I prepare myself for a future career as a paralegal. Recently, the OCBA Paralegal Section president provided me with an opportunity to put together my first CLE seminar. I was excited to help and contacted City of Orlando Commissioner Tony Ortiz. I worked with Commissioner Ortiz and his staff to put together a one-hour CLE seminar that was held at the OCBA offices just a few weeks ago. I am proud to serve on the board, and I felt honored when section president Paul Pelton appointed me to serve a second term. It has been an amazing experience, and I would not change it for anything in the world! I strongly encourage other paralegal students to join the OCBA Paralegal Section and become actively involved with the committee. The opportunities for community service endeavors, while networking with leaders and influencers in the legal community, are simply endless. Earl Lugo is a service specialist at Greenberg Traurig, LLP. He became a member of the OCBA in June 2017.

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PhotoOps The Central Florida Trial Lawyers Association held its spring member meeting on May 24, 2017. More than 60 members and sponsors attended the event, which was designated in support of Killarney Elementary School. Killarney Elementary is a Title I school with 450 students, CFTLA board member Glenn Klausman, Esq.; Killarney nearly 100 of whom are homeless children. CFTLA Elementary School principal Kelly Steinke; CFTLA members generously president James Vickaryous, Esq. donated financial support, as well as school uniform items, sneakers, personal hygiene supplies, and other items that significantly helped to fulfill the school’s wish list. On June 5, CFTLA members visited the school to drop off their donations. Kelly Steinke; CFTLA executive director Leigh Miller, Esq.; Glenn Klausman, Esq.

YLS members and young professionals from the National Association of Insurance and Financial Advisors, Young CPAs, and Orlando Young Professionals met at the Abbey in June for a networking event that benefitted Canine Companions for Independence.

Florida Supreme Court Certi�ed Civil Mediator

Dianne M. Downie, Esq.

Legal Aid Society of the Orange County Bar Association, Inc. 2017 Free Lunchtime Learnings CLE Applied for All

1SPöDJFOU JO 4QBOJTI UP IFMQ TFSWF ZPVS )JTQBOJD DMJFOUT

Marks St. Senior Center • 99 E. Marks St. Orlando, FL 32803

Mediating Personal Injury, Wrongful Death, and Product Liability

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Preregistration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@ legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

Convenient Downtown Location Bodiford Law Group

121 South Orange Ave. Suite 1150 Orlando, FL 32801 Call 407-423-9728 or email diana@bodifordlawgroup.com PAGE 30 www.orangecountybar.org

For August, September, and early October luncheon topics and details, please see Announcements on page 33 in this issue of The Briefs.

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MemberPerks Perk up Your Morning! Our newest OCBA member benefit – Member Perks – has really taken off both with young lawyers and lawyers who have been in practice for years! Since February, we’ve been holding a monthly, members-only networking and speaker series at the bar center, complete with hot coffee, breakfast, and the chance to sit down and talk with fellow lawyers in a super-informal setting. The highlight of these one-and-a-half hour meetings is the speaker, and this year we’ve had some of the greats of the bar come out and talk

with us. We’ve had fun getting a closer look at the practice of law in the “olden days” and hearing some amazing personal anecdotes from our well-respected, longtime OCBA members. Our guest speakers have included: John Fisher, Esq. Leon Handley, Esq. C. Jeffery Arnold, Esq. Darryl Bloodworth, Esq. Ronald Sims, Esq. Charles Wells, Esq. We’re looking forward to hearing from The Honorable Dorothy Russell on September 12.

Our series would not be complete without the great warm-ups and leadership of Mimi Hull, Ph.D., of Hull & Associates, and our wonderful sponsors, First Green Bank and Boardroom PR. Keep reading your “Discovery” email blasts for upcoming dates and names of speakers, and follow us on Facebook: facebook.com/www.orangecountybar.org, and Twitter: @OCBA_FL. Member Perks is held from 8:00 a.m. to 9:30 a.m. at the OCBA Center. The program is free, but registration is required through the OCBA Store at: www.orangecountybar.org/ store.

Charles Wells, Esq. Darryl Bloodworth, Esq. Eric Reed, Esq.

Jessica Hew, Esq., Mimi Hull, Ph.D., Sandra Deisler, Esq.

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New M embe rs

Attorneys

Heather J. Akram Stephanie Gomez Alvarez Robert C. Azcano Deborah L. Barra Christopher M. Barton Michael J. Bayern Brittany S. Birs Suzanne S. Brown Bridge J. Bulls Nicole K. Carrero Kristin D. Cawn Melissa Clark Christy C. Collins Scott A. Cookson Kelly M. Corcoran

Angela M. Duerden Alisha Feldman Ady A. Goss David M. Greene Erin Greene Meghan Hays Trace H. Jackson Ryan T. Jaghab Katherine L. Klapsa Paige A. Lacy McGregor T. Love Nicholas J. Mari Catherine A. Marlowe Memori J. McClimans William C. McGehee Marchella N. McGinnis Leo H. Meirose, Jr.

Natalia Mejia Rosa C. Melia-Acevedo Adam M. Miller Mark N. Miller John J. Pappas Nishant P. Patel William K. Pratt Deanna E. Rahming Jeffrey G. Regenstreif Michael A. Rodriguez Jesse D. Rowe Chad I. Rubin Sarah Taitt Joseph Taormina Erin E. Tudhope Natasha L. Vazquez Monica A. Walker Andrew S. Ward Jeffrey A. Widelitz Kimberly E. Young

Associates Maria S. Breen Elizabeth L. Corey

Affiliates Nadia B. Ahmad Cindy S. Bowers Angela M. Diaz Renee M. Kemper Jennifer B. Kesler Angela M. Miller Karen E. Simmons

Law Students Dana E. Goza Olivia T. Nardone Evan Reid Jason R. Schneider Judith B. Thomas

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. Allen, Miller & Diaz, P.A. Fisher Rushmer Marcus & Myers, P.A. Allen, Norton & Blue, P.A. Frank A. Hamner, P.A. Marshall, Dennehey, Warner, Coleman & Goggin Amy E. Goodblatt, P.A. Gans Law, P.A. McDonald Toole Wiggins, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Gasdick Stanton Early, P.A. McMichen, Cinami & Demps PLLC Anderson Hew, PLLC Giles & Robinson, P.A. McMillen Law Firm, P.A. Arwani Nava Law Firm, PLLC Green Family Law, P.A. McShane & McShane Law Firm, P.A. Banker Lopez Gassler P.A. Harris Harris Bauerle Ziegler Lopez Meenakshi A. Hirani, P.A. Barrister Law Firm, P.A. Heatwole Law Firm, P.A. Men’s Divorce Law Firm Benitez Law Group, P.L. Higley & Szabo, P.A. Morgan, White-Davis & Martinez, P.A. Beshara, P.A. Hilyard, Bogan & Palmer, P.A. Murphy & Berglund, PLLC Billings, Morgan & Boatwright, LLC Hornsby Law Murrah Doyle & Wigle P.A. Bodiford Law Group Infocus Family Law Firm, P.L. N. Diane Holmes, P.A. Burr & Forman Jill S. Schwartz & Associates, P.A. O’Mara Law Group Carr Law Firm, P.A. Keating & Schlitt, P.A. Ossinsky & Cathcart, P.A. Cole, Scott & Kissane, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Pates Law Group, P.A. Colling Gilbert Wright & Carter, LLC Korshak & Associates, P.A. Provencher & Simmons, P.A. Cullen & Hemphill, P.A. Kosto & Rotella, P.A. Ringer Henry Buckley & Seacord, P.A. Cynthia Conlin & Associates Law Offices of Amber Jade F. Johnson, P.A. Roman V. Hammes, P.L. Dean, Ringers, Morgan & Lawton, P.A. Law Offices of Brent C. Miller, P.A. Rumberger, Kirk & Caldwell P.A. DeCiccio & Johnson Law Offices of Mark L. Horwitz, P.A. Sasser & Weber, P.A. Dellecker Wilson King McKenna Legal Aid Society of OCBA, Inc. Ruffier & Sos, LLP Sawyer & Sawyer, P.A. Lewis & Crichton Divine & Estes, P.A. Schwam-Wilcox & Associates Lim & Associates, P.A. Faddis & Faddis, P.A. SeifertMiller, LLC Lynn B. Aust, P.L. Fassett, Anthony & Taylor, P.A. Small Business Counsel

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Southern Trial Counsel Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Dill Law Group The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Llabona Law Group The Maher Law Firm, P.A. The Orlando Law Group The Skambis Law Firm The Smith Family Law Firm, P.A. Vose Law Firm, LLP Warner & Warner, P.L. Wicker, Smith, O’Hara, et al. Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Winderweedle, Haines, et al. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

fs August 2017 Vol. 85 No. 7

www.orangecountybar.org theBrie

Events Aug. 25 – Morning at the State Courthouse. 8:30 a.m.-1:00 p.m. Orange County Courthouse. Registration: $10 before Aug. 18; late registration: $15. For details, contact Vanessa Braga at vanessa. braga@qpwblaw.com, or Robin Nauman at robin.nauman@hklaw. com. Aug. 30 – OCBA Annual Trivia Contest. 5:30 p.m.-8:30 p.m. Ace Café Orlando. 100 W. Livingston St., Orlando, FL 32801. Team registration is $100 for up to 5 players (must be registered by an OCBA member). Non-players $15 (OCBA member); $25 (non-member). Late registration & at the door: add $5. Register by August 28 at the OCBA Store. Sept. 12 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: The Hon. Dorothy Russell. Members only; free. Register by Sept. 11 at the OCBA Store. Sept. 29 – 26th Annual OCBA-YLS Golf Tournament. 8:00 a.m. Ritz-Carlton Golf Club Grande Lakes. For registration and sponsorship information, contact Stephanie Alcalde at stephanie@theorlandofamilyfirm.com, or Brock Hankins at bhankins@allendyer. com. Oct. 3 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: TBD. Members only; free. Register by Oct. 3 at the OCBA Store.

Seminars Aug. 2 – The RFP Process, Bids, and Bid Protests for the Business Law Practitioner. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, (pending). Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Woody Rodriguez, Esq., General Counsel, Orange County Public Schools. Register by July 31 at the OCBA Store. Aug. 4 & 5 – New Lawyer Training Program. OCBA Center. CLE: 8.0 general; 1.0 technology; 2.5 ethics (approved). Register by Aug. 1 at the OCBA Store. Aug. 8 – Sustainability Assessments. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Marie Priebe, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Aug. 14 – Homestead Hang-Ups. Estate, Guardianship & Trust Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/student); $15 (nonmembers). Speaker: Cory Suter, Esq., Mestdagh & Wall, P.A. Register by Aug. 11 at the OCBA Store. Aug. 15 – SEO of Solos and Small Firms: More Than Just Backlinks, Keywords, and Press Releases. Solo & Small Firm Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 technology (pending). Speaker: Richard Hornsby, Esq. Register by Aug. 13 at the OCBA Store. Aug. 18 – A Year in Trial – Part I: Opening Statements, Closing Statements, and Preparing your Clients and Witnesses. Family Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Richard D. West, Esq. Register by Aug. 16 at the OCBA Store. Aug. 22 – Panel on Ethics Issues for Pro Bono Attorneys. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: TBD. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Aug. 23 – Social Media Series Part 3 – Attorney Advertising on Social Media. YLS and Professionalism and Technology Committees Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 ethics and 1.0 technology (pending). Free (OCBA

members/gov’t/student); $15 (non-members). Speaker: Patricia Ann Toro Savitz, Esq., The Florida Bar. Sponsored by US Legal Support. Register by Aug. 21 at the OCBA Store. Aug. 25 – The Effect of New Case Law on Proper Lien Stripping and Cram Downs. Bankruptcy Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/student); $15 (non-members). Speakers: Ana V. De Villiers, Esq.; Laurie Weatherford, Esq. Register by Aug. 23 at the OCBA Store. Aug. 30 – TBD. Insurance Law Committee Seminar. Sept. 6 – Artificial Intelligence, Privacy, and the 4th Amendment. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/ gov’t/student); $15 (non-members). Speaker: Drew Sorrell, Esq. Register by Sept. 4 at the OCBA Store. Sept. 7 – Fentanyl: What to Do When a Field Test Can Kill. Criminal Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending), including 1.0 substance abuse (pending). Free (OCBA members/gov’t/student); $15 (non-members). Speakers: Jeffrey T. Walsh, Roger B. Handberg, Esq. Register by Sept. 5 at the OCBA Store. Sept. 8 – TBD. Labor & Employment Law Committee Seminar. Sept. 11 – TBD. Estate, Guardianship & Trust Committee Seminar. Sept. 11 – Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. 23rd floor, Orange County Courthouse. Topic: TBD. CLE: pending. RSVP to Lynn Harasti at ctjalh1@ocnjcc.org. Sept. 12 – Equipping Children with Emotional Tools for Testimony, Reunification, and Parental Separation. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: TBD. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Sept. 26 – Restoration of Rights. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: TBD. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Oct. 3 – Adoption via Dependency Court. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: TBD. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Oct. 4 – Business Wind-up from Start to Finish. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/student); $15 (nonmembers). Speaker: Daniel Coultoff, Esq. Register by Oct. 2 at the OCBA Store. Oct. 5 – TBD. Immigration Law Committee Seminar. Oct. 6 – TBD. Labor & Employment Committee Seminar. Oct. 9 – Understanding Business Succession Planning. Estate, Guardianship & Trust Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/ gov’t/student); $15 (non-members). Speaker: TBD. Sponsored by: Charles Wright Allstate. Register by Oct. 6 at the OCBA Store. Oct. 9 – Brown Bagging with the Bobs. 12:00 p.m-1:00 p.m. 23rd floor, Orange County Courthouse. Topic: TBD. CLE: pending. RSVP to Lynn Harasti at ctjalh1@ocnjcc.org.

Oct. 13 – How to Ethically Run a Profitable Solo or Small Firm. Solo & Small Firm Committee Major Seminar. 9:00 a.m.4:00 p.m. OCBA Center. CLE: pending. Details to come. For seminar updates, please see the OCBA Store at orangecountybar.org/store.

An n o unce ments

theBriefs August 2017 Vol. 85 No. 7

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CLASSIFIED ADS EMPLOYMENT Fast paced Insurance Defense Firm located in Maitland, FL is searching for a Legal Assistant. The firm handles first party property/ liability coverage issues. Insurance defense and strong litigation experience preferred. Please send all inquiries to the jmccallister@ rocklawpa.com Full time Immigration paralegal wanted in established firm in Daytona. Bilingual Spanish-English preferred, must know conceptions surrounding family petitions, citizenship, student visas, business visas (L, E and EB5) as well as computer aspects of the practice of law in the federal system. Candidate should be pro-active, self-motivated, and highly organized. Please submit resume to pattihumphreys@ ricelawflorida.com. “AV rated” downtown Orlando trial and appellate law firm seeks motivated attorney with 2-4 years Florida law experience, particularly

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OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 898-4848. Downtown Orlando Law Office – High Rise Class AAA 18th Floor window office for rent. $1,200 to $1,500. Rent includes office, secretarial station if needed, reception area and receptionist, use of conference rooms and parking. Please call 407-6873984 if interested. LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area. Completely Renovated/

To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association Orlando, FL 32801

Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free. Parking included. (407)648-1500. Professional Furnished and Unfurnished Office Space Available in Baldwin Park. Phones, Phone Answering, Reception Service, Internet, Conference Room Time, Kitchen, Utilities, and Janitorial Included. Free Parking. Multi-Tenant Building = Networking Opportunities, Including with Other Attorneys. Contact Nancy Bacchus at 407.514.2600. Office space available. East Jefferson Street. Include internet, fax and copier. 407843-4310. Professional office space for lease in Keewin Lexington Office Park (Maitland). Approximately 600/sqft with two offices and one work space. Office space comes furnished if desired. Internet and phone system included in lease. $1500/mo. Contact

Linda to schedule and appointment (407)647-7526. Winter Park – Free standing (2,300 sqft) building for lease with two professional offices and room for five staff. Contact owner’s broker: Lee Zerivitz (407) 929-3598.

OFFICE SPACE SHARED Downtown Orlando Boutique Office for Rent: 2 furnished offices and secretarial bay located on the 2nd floor of an established law practice 1 block away from the Orange County Courthouse. Includes: Reception area and conference room access, signage and 1 parking space per office. Non-smokers only. Please call 407-4269300 or email mcarr@ carrlawpa.com.

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Toot your own horn! The Briefs is the perfect forum to herald your message. OCBA advertising specialist Amanda Nethero stands ready to assist in your media investment. 407-422-4551 x. 244 // amandan@ocbanet.org

A tip of the hat to the following OCBA members who referred colleagues to us this past month! Annessa Kalloo • Atiya Munroe • Brandon Gans• Austin Shaw • Forster Boughman & Lefkowitz •Mary Ann Morgan • Shannon Gridley-Hetz • Tom Feiter

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theBriefs August 2017 Vol. 85 No. 7

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PAGE 35

OCBA Calendar

OCBA August Luncheon Carlos Guillermo Smith

Florida House of Representatives Thursday, August 24, 2017 Co-hosted by the Hispanic Bar Assoication of Central Florida 11:30 a.m.-1:00 p.m. The Ballroom at Church Street RSVP by August 21, 2017 Orangecountybar.org/store Sponsored by First Green Bank, LexisNexis, Orange Legal

AUGUST - SEPTEMBER - OCTOBER

August

Professionalism Committee Meeting 1 12:00 p.m. • OCBA Center

30 Insurance Law Committee Seminar Topic: TBD 12:00 p.m. • OCBA Center

Business Law Committee Seminar 2 The RFP Process, Bids, and Bid Protests for the

OCBA Annual Trivia Contest 5:30 p.m. • Ace Café Orlando

Business Law Practitioner 12:00 p.m. • OCBA Center

New Lawyer Training Program 4 OCBA Center New Lawyer Training Program 5 OCBA Center LAS Lunchtime Training 8 Suitability Assessments 12:00 p.m. • Marks St. Senior Center Veterans Committee Meeting 9 12:00 p.m. • OCBA Center

1 0 Social Security Committee Meeting 12:00 p.m. • OCBA Center 1 4 Estate, Guardianship & Trust Committee Seminar Homestead Hang-Ups 12:00 p.m. • OCBA Center

September

Mentoring Program Kick-off Luncheon 1 12:00 p.m. • OCBA Center Labor Day 4 OCBA Offices Closed

OCBA Monthly Luncheon 28 Hilarie Bass, Esq.

Professionalism Committee Meeting 5 12:00 p.m. • OCBA Center

President, ABA 11:30 a.m. • The Ballroom at Church Street

Business Law Committee Seminar 6 Artificial Intelligence, Privacy, and the 4th Amendment 12:00 p.m. • OCBA Center

2 9 Bankruptcy Committee Meeting 12:00 p.m. • OCBA Center

Criminal Law Committee Seminar 7 Fentanyl: What to Do When a Field Test Can Kill 12:00 p.m. • OCBA Center

26th Annual OCBA-YLS Golf Tournament 8:00 a.m. • Ritz-Carlton Golf Club Grande Lakes

and Employment Committee Seminar 8 Labor Topic: TBD

October

Topic: TBD 12:00 p.m. • OCBA Center

LAS Lunchtime Training Adoption via Dependency Court 12:00 p.m. • Marks St. Senior Center

Brown Bagging with the Bobs Topic: TBD 12:00 p.m. • Orange County Courthouse

Professionalism Committee Meeting 12:00 p.m. • OCBA Center

12:00 p.m. • OCBA Center

Member Perks Speaker Series 3 Solo & Small Firm Committee Seminar 8:00 a.m. • OCBA Center 1 5 Estate, Guardianship & Trust Committee SEO of Solos and Small Firms: More Than Just 11 Seminar Backlinks, Keywords, and Press Releases 12:00 p.m. • OCBA Center

1 6 Elder Law Committee Meeting 12:00 p.m. • OCBA Center Appellate Law Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

1 8 YLS Monthly Luncheon 12:00 p.m. • Citrus Club Family Law Committee Seminar A Year in Trial – Part I: Opening Statements, Closing Statements, and Preparing your Clients and Witnesses 12:00 p.m. • OCBA Center

2 2 LAS Lunchtime Training Panel on Ethics Issues for Pro Bono Attorneys 12:00 p.m. • Marks St. Senior Center

YLS and Professionalism & Technology 23 Committees Seminar Social Media Series Part 3 – Attorney Advertising on Social Media 12:00 p.m. • OCBA Center

24 OCBA Monthly Luncheon Carlos Guillermo Smith Florida House of Representatives 11:30 a.m. • The Ballroom at Church Street 25 Morning at the State Courthouse 8:30 a.m. • Orange County Courthouse Bankruptcy Committee Seminar The Effect of New Case Law on Proper Lien Stripping and Cram Downs 12:00 p.m. • OCBA Center

29 Social Committee Meeting 12:00 p.m. • Location: TBD

1 2 Member Perks Speaker Series 8:00 a.m. • OCBA Center

Business Law Committee Meeting 4 Business Wind-up from Start to Finish 12:00 p.m. • OCBA Center

LAS Lunchtime Training Equipping Children with Emotional Tools for Testimony, Reunification, and Parental Separation 12:00 p.m. • Marks St. Senior Center

Immigration Law Committee Seminar 5 Topic: TBD

1 3 Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center

12:00 p.m. • OCBA Center

Labor & Employment Committee Seminar 6 Topic: TBD Brown Bagging with the Bobs 9 12:00 p.m. • Orange County Courthouse

Veterans Committee Meeting 12:00 p.m. • OCBA Center

Estate, Guardianship & Trust Committee Seminar Understanding Business Succession Planning 12:00 p.m. • OCBA Center

OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

1 4 Social Security Committee Meeting 12:00 p.m. • OCBA Center

Lawyers Literary Society Meeting 11 12:00 p.m. • OCBA Center

1 5 YLS Monthly Luncheon 12:00 p.m. • Citrus Club

Veterans Committee Meeting 12:00 p.m. • OCBA Center

Family Law Committee Meeting 12:00 p.m. • OCBA Center

OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

1 9 Social Committee Meeting 12:00 p.m. • Location: TBD

1 2 Social Security Committee Meeting 12:00 p.m. • OCBA Center

Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center

1 3 Solo & Small Firm Committee Seminar How to Ethically Run a Profitable Solo

2 0 Elder Law Committee Meeting 12:00 p.m. • OCBA Center Appellate Law Committee Meeting 12:00 p.m.• Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

or Small Firm 9:00 a.m. • OCBA Center

Lunchtime Training 2 6 LAS Restoration of Rights 12:00 p.m. • Marks St. Senior Center

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For the latest news about committee meetings, seminars, and events, see the OCBA website at www.orangecountybar.org.

theBriefs August 2017 Vol. 85 No. 7