Issuu

A Publication of the Orange County

Bar Association

Inside this Issue:

August 2015 Vol. 83 No. 7

President’s Message Are You Giving Your 10%? Jamie Billotte Moses, Esq.

Legal Aid Society – What We Do... Legal Aid’s GAL Program Services Speak Volumes Tenesia C. Hall, Esq.

Technology Committee Recent Developments in Online Privacy Laws Christina N. Scelsi, Esq.

Rainmaking The Ten Commandments of Marketing, Part 2 Michael C. Hammond, Esq.

“When it comes to justice, the devil is in the details.”

D H

Fr re D

An n o

refer your cases with confidence

ATTOrNeyS ANd cOuNSeLOrS AT LAW

Serving OrLANdO & TAmPA

Your clients and referrals are important to us. As a boutique law firm, we understand that your clients require a strong degree of personal attention as well as extensive legal experience and knowledge to guide them through every step of their case. u u

Divorce

Complex Litigation

Family Law u Real Estate Litigation Appeals u Personal injury u Consumer Rights Litigation u

www.dewittlaw.com Orlando office: 37 North Orange Avenue, Suite 840, Orlando, FL 32801. Phone: (407)245-7723 Tampa office: 607 West Bay Street, Tampa, FL 33606, Phone: (813)251-2701 Referral and co-counsel fees paid consistent with the rules regulating the Florida Bar.

BUSINESS TR IAL GROUP Contingency-Fee Litigation

The Contingency-Fee Business Litigation Attorneys The Business Trial Group is a team of trial attorneys focused solely on contingency-fee business litigation. We accept attorney referrals and pay referral fees in all business litigation practice areas. To discuss your clientâ€™s case or to learn more about establishing a profitable referral relationship, contact us today.

Practice Areas: Contract Litigation Intellectual Property Real Estate Litigation

Construction Litigation Partnership Disputes Securities Litigation

Employment Litigation Professional Liability Trust & Estate Disputes

Orlando Office

407.245.3505 | BTG@ForThePeople.com 20 North Orange Avenue, Suite 1600 | Orlando, FL 32801

PRSRT STD U.S. POSTAGE PAID MID-FL FL PERMIT NO. 581

880 North Orange Avenue Orlando, Florida 32801

Florida

Pr i vate Tri a l s

A division of The Orl ando Fa mily Firm

Florida

Pri vate

Tri al s

A division of The Orl ando Fa mily Firm

PRIVATE TRIALS | MEDIATION | LITIGATION CONSULTING | ADVISORY OPINIONS | SPECIAL MASTERSHIPS

Services are offered by former Circuit Judge Bob Evans who brings his 20 years of experience on the bench to help your clients reach an effective and efficient resolution to their family or civil case. Bob Evans has been certified by the Florida Supreme Court in the area of Family Mediation. Our mediation facilities are first class and feature complimentary meals and free covered parking. Our location at the corner of South Street and Summerlin is convenient from anywhere in Central Florida. Use Mr. Evans’ over 20 years experience - especially his 10 years as the Administrative Judge for the family law division, to get your case resolved today. We’re currently offering reduced rates for first time clients so call today to schedule your mediation and provide your clients the closure they deserve.

618 East South Street, Suite 500, Orlando, Florida 32801 407-377-6399

W W W. F LO R I DA P R I VAT E T R I A L S .C O M

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 1

the Briefs

Contents 3

Legal Aid Society LAS Teaching Tips My Top Eight Tips for Assisting Clients Who are Facing Foreclosure Michael L. Resnick, Esq.

President’s Message Are You Giving Your 10%? Jamie Billotte Moses, Esq.

OCBA Luncheon Laura Ann Rosenbury Dean, University of Florida Levin College of Law

Co-Editors Carrie Ann Wozniak, Esq. & Téa Sisic, Esq. Associate Editor David A. Meek, Esq.,

Legal Aid Society GAL Teaching Tips GALs Help Dependent Youth Ace Florida’s New Diploma Options Tenesia C. Hall, Esq. Professionalism Committee Introduction to New Professionalism Young Lawyers and Law Clerks Reception Committee Chairs Kimberly Hosley Agee, Esq. Catherine “Kate” T. Hollis, Esq. YLS on the Move Jennifer A. Smith, Esq. 2015-2016 Legal Aid Society of the OCBA Officers & Trustees SideBar 2015-2016 OCBA Foundation, Inc. Officers & Kimberly A. Lopez, Esq. Board of Directors 2015-2016 Young Lawyers Section Officers & Board Members Paralegal Post Paralegal Section Membership Offers Rewarding Opportunities and Experiences 2015-2016 Paralegal Section Officer & Misty M. McGlothern, FRP Board Members The Florida Bar News The Florida Bar Offers Best-Practices Guides to Rainmaking E-Communications The Ten Commandments of Marketing, Part 2 Michael Hammond, Esq. OCBA Membership Did You Know? New Members Jamie Billotte Moses, Esq.

Hearsay Columnist Christine A. Wasula, Esq. Side Bar Columnist Kimberly A. Lopez, Esq.

YLS on the Move Jennifer A. Smith, Esq.

27 29

34 35

Announcements Clerk’s Corner Self Help Center Increasing Access to the Courts Tiffany Moore Russell, Esq. Classifieds Technology Committee Calendar Recent Developments in Online Privacy Laws Christina N. Scelsi, Esq.

w OFFICERS Jamie Billotte Moses, Esq., President Wiley S. Boston, Esq., President-elect Elizabeth F. McCausland, Esq., Treasurer Richard S. Dellinger, Esq., Secretary w EXECUTIVE COUNCIL Jared Brooks, Esq. Phillip K. Calandrino, Esq. Mary Ann Etzler, Esq. A. Felipe Guerrero, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Ryan Williams, Esq. Nicholas A. Shannin, Esq., Ex Officio Amber N. Davis, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran

Legal Aid Society What We Do... Legal Aid’s GAL Program Services Speak Volumes Tenesia C. Hall, Esq.

Marketing & Sponsorship Coordinator Amanda Nethero

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 ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Dollar Photo Club

Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-422-4551 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-422-4551 Young Lawyers Section 407-422-4551

ISSN 1947-3968

PAGE 2

www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

President’sMessage

August 2015 Are You Giving Your 10%?

L Jamie Billotte Moses, Esq.

Russell H. Troutman, Esq.

Cara Dobrev, Esq., Equal Justice Fellow, Russell H. Troutman, Esq.

iterally, as I was sitting down to write my September President’s Message, the receptionist buzzed me and asked if I would take a call from OCBA member Brett Bressler. Yes, I do mean to use the term literally - the dictation machine was in my hand and set to record when I received the call. Brett wanted to make sure I was aware of the passing of Russell Troutman and inquired whether the Orange County Bar Association would mention his passing at the upcoming bar luncheon. I had informed Brett that some very nice words were spoken of Mr. Troutman at the May Installation and Awards Banquet by our (then) President Nick Shannin. After we hung up, I realized that maybe a little bit more could be said regarding Russell as he really did represent so much of what is good about this Bar and this profession. I have said it before and I will say it again, the Orange County Bar Association is the best bar association in the country because of its relationship with the Legal Aid Society. The fact that every one of our members is required to financially contribute to the Legal Aid Society or commit to taking two pro bono cases a year is absolutely awe inspiring. The fact the two organizations have remained tied together really is a testament to the legacy that was started when Legal Aid was formed. The commitment subsequent leaders have honored throughout the years is commendable. I have served on the Executive Council of the Orange County Bar Association for many, many years. Every few years, an inquiry is made as to whether the Legal Aid requirement inhibits our ability to exponentially increase our membership numbers. For a brief moment, someone suggests we abolish the requirement. That suggestion has always been immediately rebuked. We would not be the Orange County Bar Association without our commitment to the Legal Aid Society. And that commitment began with Russell Troutman. Early on in his career, Russell recognized the need of the less fortunate for competent legal representation. Thus was born the idea of the Legal Aid Society of the Orange County Bar Association. Russell prided himself on going before the Florida Supreme Court to argue that all lawyers in Orange County should be required to serve the poor. He is known for saying “it is our responsibility to provide representation to

theBriefs August 2015 Vol. 83 No. 7

people who cannot afford a lawyer. The Bible says to tithe 10% of our income. We need to give 10% of our time as well. I had no idea how the [Legal Aid] program would turn out, but looking back on it, my leadership role in the matter appears to be my most salient career legacy.” Mr. Troutman’s suggestion that we give 10% of our time to those less fortunate is quite novel. Imagine your average 40 hour work week. (We know lawyers work more than 40 hours a week, but let’s start there.) Are you giving four hours a week to those less fortunate? Let that be your guidepost. Imagine how much need we could fulfill if every lawyer gave four hours of their work week to the less fortunate. I often hear the Legal Aid requirement can be burdensome for people given all their demands as a busy lawyer. I would suggest no one was busier than Russell Troutman as a successful plaintiff’s attorney, President of the Orange County Bar Association and eventually President of The Florida Bar. Yet, Mr. Troutman still found time to give so much to those who had so little. It is a sacrifice we all must be willing to make. I do not want to deter or detract from any of the other charitable organizations that lawyers serve. It is well recognized that lawyers are some of the most generous and dedicated members of organizations, boards and charities. There is just something about lawyers that compels us to actively participate. Nevertheless, only lawyers can provide free legal services. I am a big fan of Habitat for Humanity, Shepherd’s Hope and the Howard Phillips Center for Children & Families. I have volunteered and/or contributed to these and many other organizations in the past. Nevertheless, anyone else can do that too. What no one else can do, except the 100,000 members of The Florida Bar, is provide free legal services. We have an obligation to do so. Just as only doctors and medical personnel can provide free medical services, only lawyers can provide free legal services. There is no one else who can fill the need if we do not. Thus, I ask you to ask yourself - are you giving your 10%? Jamie Billotte Moses, Esq., is a shareholder with Fisher Rushmer, P.A. She is a board certified appellate specialist. Additionally, Ms. Moses defends lawyers and real estate professionals in litigation and licensing complaints. She has been a member of the OCBA since 1994.

www.orangecountybar.org

PAGE 3

Buried in Medical Records? We Make it Simple & Affordable .

Workers’ Compensation Analysis Identification of Missing Medical Records Pertinent to a Legal Case Medicare Regulations/Nursing Home Violations Deposition Summaries Chronologies of Pain and Suffering Customizable Reports .... and more Case Record Solutions is a physician-owned, Florida-based company offering a timely, cost effective range of services designed to make your medical review more efficient. Our staff includes physicians, nurses, former Medicare auditors, and nutritionists. Focusing on relevant details, we access, translate, and analyze medical data essential to each case. 48-hour rush service available.

(813) 658-5698

caserecordsolutions.com info@caserecordsolutions.com

Order Your Orange County Courthouse Access Card Today New 2016–2017 Card Need to renew an existing card? Download an application from

our website, send it in and we will use your existing photo. No need to come by – we will mail you your new card on Nov. 1.

First time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card. Please contact Darshini, at 407-422-4551 ext. 245 or Darshinir@ocbanet.org.

Jane Q. Public attorney

Issued: 11/01/2016 Expires: 12/31/2017

n Bar assOCiatiO Orange COuntye aCCess Card COurthOus

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2017 $75 • Purchasing card is optional for courthouse entry • OCBA membership is not required PAGE 4 www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

OCBA LuncheonTuesday, August 25, 2015

O Laura Ann Rosenbury

Laura Ann Rosenbury Dean, University of Florida Levin College of Law

n July 1, 2015, Laura Ann Rosenbury was and attended a series of forums for faculty, staff, appointed as dean of the Levin College of alumni, and law students. Law. She became the first female perma- “I am excited to collaborate with faculty, stunent dean in the law school’s 106-year history. dents, staff, and the college’s loyal alumni netA professor at Washington University Law work to maximize UF’s potential,” Dean RosenSchool in St. Louis, since 2002, Dean Rosen- bury said. “Building upon the faculty’s recent bury served as vice dean for research and faculty strategic planning process, we will make UF the development from 2010-12. She was the John leader in developing innovative responses to the S. Lehmann Research Professor in 2013-14 and changing legal services market.” has been a member of the Association of Ameri- Dean Rosenbury said UF Law can keep up with can Law Schools Membership Review Commit- a rapidly changing legal profession by bringing tee since 2014. alumni and other practicing professionals into “Laura Rosenbury’s outstanding scholarship the classroom. She also advocated expanding and breadth of experience in administration multidisciplinary work by faculty and students. made her the ideal candidate to lead the Levin “We must have real-time knowledge of changes College of Law,” said Provost Joe Glover, Uni- in the legal profession if we are to appropriately versity of Florida’s senior vice president for aca- respond to them,” she told faculty and alumni demic affairs. “We have great confidence in the during a forum at UF Law. college’s future under her leadership.” Dean Rosenbury earned a law degree in 1997 Dean Rosenbury’s research and teaching focus from Harvard Law School, where she was prion feminist legal theory, family law, employ- mary editor for the Harvard Law Review. She ment discrimination, property, and trusts and earned a bachelor’s degree in women’s studies in estates. A recipient of Washington University’s 1992 from Harvard-Radcliffe College. David M. Becker Professor of the Year Award, Dean Rosenbury has served on the advisory In addition to teaching at Washington Univerboard of the law school’s Center for the Inter- sity, she has been a visiting professor of law at disciplinary Study of Work and Social Capital Harvard Law School, University of Chicago and holds an appointment as an affiliated fac- Law School, and Stanford Law School. She also ulty member with Washington University’s has taught short courses at University of Illinois Women, Gender and Sexuality Studies Program College of Law and University of California, Los Angeles School of Law. in Arts & Sciences. A committee of faculty, students, and admin- Interim UF Law Dean George Dawson called istrators chose nine candidates to interview for her a strong leader for the college of law. the dean position following a nationwide search. continued page 6 Four finalists selected from the candidate pool interviewed with The Ballroom at Church Street UF President Kent Fuchs, Mr. 11:30 a.m. - 1:00 p.m. Glover, and law school faculty 225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Central Florida Association for Women Lawyers

Please RSVP by Friday, August 19, 2015 RSVPs will not be accepted after August 19, 2015 RSVP through the OCBA Store at www.orangecountybar.org/store

Sponsored by:

CANCELLATIONS must be received no later than August 19, 2015. To cancel, contact Marie West at mariew@ocbanet.org. The OCBA is happy to provide 7 luncheons as part of your member benefits, but no-shows incur additional charges for the bar and walk-ins cannot be guaranteed a seat.

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee

Introduction to New Professionalism Committee Chairs

O Kimberly Hosley Agee, Esq.

n June 4, 2015, the Professionalism Committee wrapped up the 2014-2015 year under the leadership of Carrie Ann Wozniak, Esq. with a major seminar entitled “Professionalism in Discovery: Advanced Techniques to Create and Follow an Ethical Roadmap to Litigation Success.” The seminar was jointly presented by the Technology Committee. Speakers included: The Honorable John Kest; The Honorable James Edwards; David Simmons, Esq.; Jason Klein, Esq.; Eric Boughman, Esq.; Daniel Whitehouse, Esq.; Patti Savitz, Esq.; Keshara Cowans, Esq.; Amie Kozan, Esq.; Stacy Ford, Esq.; John Benford, Esq.; Marc Ossinsky, Esq.; Brandon Banks, Esq.; and Michael Kest, Esq. A copy of the seminar, with 8.5 general CLE credits, including 7.0 ethics and 1.0 professionalism, will be available in the OCBA Store soon.

T Catherine “Kate” T. Hollis, Esq.

he chair of the Professionalism Committee for the 2015-2016 year is Kimberly Hosley Agee, Esq. Kimberly is a civil litigator at The Orlando Law Group. Kate Hollis, Esq., who practices business law at Whitehouse & Cooper, is the committee’s vice chair. Check future issues of The Briefs for more information about upcoming seminars involving the Professionalism Committee and those sought-after ethics credits.

Later this year, the committee will begin accepting nominations for the 2015 OCBA Professionalism Awards. These are the most prestigious awards presented by the OCBA each year. The Professionalism Committee recognizes individuals whose conduct and career stand as a model of success built on unquestioned professionalism, service, civility, integrity, and respect for the legal system. The nomination forms will be available on the OCBA website and at the OCBA office beginning in October. Winners are selected in January, and the awards presentation ceremony will be held in March. Kimberly Hosley Agee, Esq., an attorney with The Orlando Law Group, P.L., practices business law, representing clients with contract, real estate, and employment law needs. She has been a member of the OCBA since 2005. Catherine “Kate” T. Hollis, Esq., an attorney with Whitehouse & Cooper, PLLC, practices business and technology Law. She has been a member of the OCBA since 2011.

August LuncheonRosenbury continued from page 5

“She is an outstanding scholar and has visited at some of the most prestigious law schools in the United States,” Mr. Dawson said. “She will provide strong leadership as the college continues to advance.” Before embarking on her academic career, Dean Rosenbury clerked for two federal judges and practiced law at Davis Polk & Wardwell in New York City where she defended white-collar criminal cases. While at Davis Polk she also taught classes as an adjunct associate professor of law at Fordham University School of Law. She succeeds Robert Jerry II, who stepped down as dean in June after serving in that position for 11 years. UF Law is ranked as Florida’s No. 1 law school by U.S. News and World Report. U.S. News ranked UF Law 24th among public law schools and tied for 47th overall. It ranked UF Law’s Graduate Tax Program first among publics and tied with Georgetown for second overall, while the Environmental and Land Use Law Program was ranked seventh among publics and 16th overall.

PAGE 6 www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

2015-2016Legal Aid Society of the OCBA Officers & Trustees

Richard S. DELLINGER, Esq.

Board of Trustees:

Melody B. LYNCH, Esq.

David E. CANNELLA, Esq.

Pesident Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Treasurer Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

President-elect Carlton Fields, P.A.

Kelli A. MURRAY, Esq.

Keshara D. COWANS, Esq. The Florida Bar Kimberly E. HOSLEY, Esq.

Glenn A. ADAMS, Esq. Holland & Knight LLP

Joseph L. AMOS, JR., Esq.

Barry University School of Law

Chris PANTANO Lay Trustee

Anthony F. SOS, Esq.

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Ana E. TANGEL-RODRIGUEZ, Esq.

The Orlando Law Group

Jamie L. BLUCHER, Esq.

Belvin PERRY, JR., Esq. Betty JACKSON

Tangel-Rodriguez & Associates

Kirtus L. BOCOX

Elizabeth F. MCCAUSLAND, Esq.

Lay Trustee

Morgan & Morgan, P.A.

Lay Trustee

Immediate Past President The Law Office of William A. Davis, Jr., P.A.

Secretary Legal Talent, LLC

Fisher Rushmer, P.A.

Zimmerman, Kiser & Sutcliffe, P.A.

William A. DAVIS, JR., Esq.

Wynne E. MCFARLIN, Esq.

Carmen VELAZQUEZ

Liz McCausland, P.A.

Lay Trustee

2015-2016OCBA Foundation, Inc. Officers & Board of Directors

Camara A. WILLIAMS, Esq.

Cynthia G. SCHMIDT, Esq.

Vice President The Williams Trial Group, P.A.

President University of Central Florida

Elizabeth F. MCCAUSLAND, Esq. Treasurer Liz McCausland, P.A.

Nichole A. MOONEY, Esq. Immediate Past President Dean, Mead, Egerton, et al.

The Hon. Wilfredo MARTINEZ

The Hon. Julie O’KANE

The Hon. Tanya D. WILSON

Alisia M. ADAMSON, Esq.

John B. DORRIS, Esq.

Jessica K. HEW, Esq.

Annie P. KWONG, Esq.

Antoinette PLOGSTEDT, Esq.

Valencia N. POITIER, Esq.

Nikki R. RODEMAN, FRP

Ani RODRIGUEZ-NEWBERN, Esq.

Board of The Hon. Andrew D. CAMERON Directors: Ninth Judicial Circuit Court

Ninth Judicial Circuit Court

Latham, Shuker, Eden & Beaudine, LLP

Hylton Adamson Watson

State Attorney’s Office

Antoinette Plogstedt

Vose Law Firm

Cole, Scott & Kissane, P.A.

Thomas P. WERT, Esq. Roetzel & Andress, LPA

Ninth Judicial Circuit Court

Quintairos, Prieto, Wood & Boyer, P.A. Tangel-Rodriguez & Associates

2015-2016Young Lawyers Section Officers & Board Members

Amber N. DAVIS, Esq.

Brett R. RENTON, Esq.

President Beusse Wolter Sanks & Maire, P.A.

President-elect Shutts & Bowen, LLP

Michael D. BARBER, Esq. Board Members: The Umansky Law Firm Eric R. ELMS, Esq.

Fisher Rushmer, P.A.

Keshara D. COWANS, Esq. Treasurer The Florida Bar

Jill D. SIMON, Esq.

Secretary Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Brock A. Hankins, Esq.

Heather M. MEGLINO, Esq.

W. Douglas MARTIN, Esq.

Amanda M. SAMPAIO, Esq.

Allen, Dyer, Doppelt, Milbrath & Gilchrist Dellecker Wilson King McKenna Ruffier & Sos, LLP

Koeller Nebeker Carlson Haluck LLP

Karen L. PERSIS, Esq.

Immediate Past President Karen Persis, P.A.

Jennifer A. SMITH, Esq. Communications Coordinator Southern Trial Counsel

Charity TONELLI, Esq.

Stuart, Mount, Bleakley & Boylston, P.A.

The Law Firm of Amanda Sampaio continued page 8

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 7

2015-2016Paralegal Section Officers & Board Members

Misty M. McGLOTHERN, FRP President Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Board Members:

Shannon E. CASEY

Greenberg Traurig, P.A.

Meredith GIBSON ZORNEK, FRP Vice President/President-elect Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Candice MAULL, CP, FRP

OCBA Foreclosure Mediation Program

Bethany GIBSON, FRP

Lisa M. MARCUM

Secretary/Treasurer Morgan & Morgan, P.A.

Paul PELTON, FRP

Quintairos, Prieto, Wood & Boyer, P.A.

Immediate Past President McDonald Toole Wiggins, P.A.

Michelle Preiser

McDonald Toole Wiggins, P.A.

Lori M. SPANGLER, FRP Greenberg Traurig, P.A.

The Florida BarNews

The Florida Bar Offers Best-Practices Guides to E-Communications

he Florida Bar has released a new online handbook, The Florida Bar Best Practices for Effective Electronic Communication, which offers guidance to all Florida lawyers on communicating in the digital age. The handbook was an initiative of 2014-15 Florida Bar President Gregory W. Coleman, Esq., who saw that the use of technology in the practice of law required a new approach to time management and the need to follow “e-etiquette.” The handbook looks at the ethical, legal, and professional issues that lawyers can encounter when using modern communications, from email and cellphones to texting and social media. Issues addressed include: • How the rules regulating The Florida Bar apply to texting in relation to advertising and confidentiality.

• How to respond to an angry client by phone or email. • Best practices for participating in email discussion groups. • Creating inadvertent lawyer-client relationships via social media. • “Friending” witnesses, jurors, and judges on social media. • Keeping communications secure when using your laptop computer in a public place. • Inadvertent disclosure of confidential information through metadata. The book is available on The Florida Bar’s website, on the main page of The Florida Bar Practice Resource Institute. It will be a living document, receiving updates as rules and technology change.

OtherNews Judges Needed for Moot Court Competition

n October 17 and 18, the University of Central Florida will be hosting its Annual Moot Court Invitational. This invitational is an intercollegiate competition for undergraduate competitors to display their appellate advocacy skills. Competitors are expected to come from several Florida colleges and universities as well as several schools from as far away as Ohio and California. The competition, which will be held on UCF’s main campus, begins Saturday morning October 17 with three rounds of preliminary arguments. The elimination rounds will be held on Sunday, October 18. Attorneys and judges are needed to serve as justices of a mock Supreme Court for either or both days. UCF has hosted the Ameri-

PAGE 8

can Collegiate Moot Court Association (ACMA) South Atlantic Regional Tournament in the past and a large part of its success has been because of generous attorneys and judges who have volunteered their time to serve as tournament judges. Additional information will be given to attorneys and judges interested in participating, and volunteer judges will attend an orientation before the competition begins on Saturday. Information regarding the subject matter of the instant case, as well as scoring, will be discussed at that time. CLE credit is anticipated. If you are interested in participating as a judge, please contact Danielle Malcolm at Danielle.Malcolm@ucf.edu.

www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

MajorSeminars Basics of Practicing in Immigration Court

American Immigration Lawyers Association of Central Florida and OCBA Immigratioin Law Committee

August 20, 2015 ■ Noon - 2:00 p.m. ■ OCBA Center CLE: 2.0, including 2.0 certification credits in Immigration and Nationality Law Speakers: John Gihon, Esq., and Francisco “Frank” Symphorien, Esq.

OCBAMembership Did You Know?

Jamie Billotte Moses, Esq. ...the OCBA is one of the largest bar associations in the state, but charges one of the lowest dues rates? ...most bar associations in the state do not provide free lunches to their members? ...it costs the OCBA $30 per person for the monthly luncheons? ...that the OCBA loses money if members RSVP for luncheons and don’t attend?

It’s a Jungle Out There! How to Navigate Modern Legal Issues. Paralegal Section Fall Seminar

August 29, 2015 ■ 7:30 a.m. - 5:00 p.m. Embassy Suites, downtown Orlando CLE: 8.0, including 3.0 ethics To register, see the OCBA website Paralegal Section page.

OCBA Luncheon September 24, 2015

State of the Courts

...not all of the state’s bar associations produce a four-color magazine? ...The Briefs costs $30 per year, per member? ...the OCBA has a unique and free online lawyer directory? Why do I tell you this? Because the OCBA is a tremendous value. Just by being a member, you are entitled to more than $200 in meals plus an informative and entertaining publication. If that was all a member took advantage of, it would still be a good deal. Nevertheless, there is so much more. We have a top-notch bar center that provides a neutral location for members to use for mediations or other gatherings at reduced rates. We have numerous substantive law committees that provide opportunities for the exchange of ideas, networking, referrals, mentorship, and affordable CLEs. We also have committees designed to complement anyone’s practice, such as the Judicial Relations Committee, the Professionalism Committee, the Law Week Committee, and the Social Committee. We have vibrant sections, such as the Young Lawyers Section and the Paralegal Section. The committees and sections both provide numerous leadership opportunities for our members. On top of all that, membership in the OCBA gives you the opportunity to do what non-lawyers can’t do – provide free legal services to those in need.

The Hon. C. Alan Lawson Fifth District Court of Appeal

Yes, membership truly does have its privileges. We all have an obligation to share our talents. No one except lawyers can provide free legal services. The OCBA is the only voluntary bar association IN THE NATION that has as part of its membership responsibilities a pro bono component. We are the envy of every other bar association in the nation.

The Hon. Frederick Lauten

Chief Judge of the Ninth Judicial Circuit

Tiffany Moore Russell Clerk of Courts

The Ballroom at Church Street 11:30 a.m.-1:00 p.m. RSVP through the OCBA Store by September 18, 2015.

So, when someone asks “What can I get out the OCBA?” You tell them free lunches, a nice magazine, great committees, business opportunities, a beautiful facility, and unlimited opportunities to do what is right! If that doesn’t convince them, send ‘em to me!

(This item will not be available in the Store until August 26.)

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 9

The Florida BarBoard of Governors

The Florida Bar Convention Board of Governors dinner. Shown are current Ninth Circuit members Mary Ann Morgan, Esq. and Paul SanGiovanni, Esq.; former member John Fisher, Esq.; past Florida Bar President Mayanne Downs, Esq.; past Young Lawyers Division President Melanie Griffin, Esq.; Leadership Academy Fellow Barbara Leach, Esq.; and Florida Bar Foundation Executive Director Bruce Blackwell, Esq.

When Your Clients Require Excellence from Start to Finish. Bay Hill

General Construction Associates, Inc. has

been serving the Central Florida area since 1973, providing the highest quality service at affordable rates.

• Upscale Custom Home Building • • Home Remodeling, Additions & Renovation • • New Commercial Construction • • Commercial Remodeling • • Multi-family Developments • • Extensive Portfolio of Successful Projects •

GCA CGC007194 / CPC057015

Referrals are welcomed. Bob Foglia, President

407/509-7625 gcabob@yahoo.com generalconstructionassoc.com

National Homebuilders Association Parade of Homes Award Winner PAGE 10

www.orangecountybar.org August 2015

theBriefs August 2015 Vol. 83 No. 7

Clerk’sCorner

A Tiffany Moore Russell, Esq. Orange County Clerk of Courts

Self Help Center Increasing Access to the Courts

few months ago, I introduced you to one of my top priorities, a self help center at the Orange County courthouse. The goal of the center is to provide resources to those who are representing themselves and to increase access to the courts. I am very excited about the grand opening of the center scheduled for late summer. As those of us involved in the legal community are all too aware, there is a need for legal assistance for those who are less fortunate or are otherwise unfamiliar with the legal process. These folks come through our doors on a daily basis looking to file a complaint, respond to an action, or simply to try to determine the next steps in the process. The Self Help Center represents an opportunity for those customers to get the answers they need. We are working with partners such as the 9th Judicial Circuit, the Orange County Bar Association, the Legal Aid Society, and local law schools to provide members of our community with this kind of assistance and answers to legal questions.

The Self Help Center will be located on the third floor of the courthouse, in room 340 where our Probate Mental Health Division was once located. A Self Help Center attorney will be available by appointment to provide legal assistance in evictions, small claims, and domestic relations cases – all at an affordable cost. I am committed to increasing access to the courts for the citizens of Orange County. This includes efforts to increase knowledge about the role of the courts and clerks, increasing electronic access to court records, and offering increased information to court users, including those who are self-represented. My team has been working hard on the project details, and the grand opening is tentatively scheduled for September. Make sure you go to www.myorangeclerk.com for all the latest details. I will continue to share updates with The Briefs readers as this project progresses. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

JudicialNews

The Honorable Tina Caraballo officially took over the Veterans Court Division for Judge Jerry Brewer in July. Judge Caraballo is a 10-year United States Army veteran. The diversion program, which seeks to curb recidivism rates among veterans and restore them to a more productive life, is in its second year. Program partners include the State Attorney’s Office, the Public Defender’s Office, the Veteran Affairs, and the Safety Council. Veterans Court holds weekly hearings in Courtroom 7B of the Orange County Courthouse. (See: www. ninthcircuit.org)

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 11

TechnologyCommittee

Recent Developments in Online Privacy Laws Introduction ave you ever wondered why you have to click a box online certifying that you are over the age of 13, or enter your birth date as part of the registration process for a website? The reason you have to click the box or enter your birth date is the result of the requirements of the Children’s Online Privacy Protection Act, or COPPA. This law protects minors under the age of 13 from having their personal information collected online without the consent of their parents. COPPA requires that website operators collecting or disclosing data from minors have mechanisms and policies in place to obtain verifiable parental consent in order to collect such data. In addition to the federal law, state laws such as the California Online Privacy Protection Act are being passed in greater numbers to protect consumer data online, which can have far reaching consequences for commercial website operators who do not comply here in Florida and elsewhere. COPPA The goal of Congress in enacting COPPA was to allow parents the ability to control what personal information is collected from their children when the children use online websites and services.1 There is a common misconception that COPPA applies only to websites or services directed at children under 13. This law, however, applies not only to websites targeted at children, but also to operators of websites or online services (including mobile applications, or apps) who have actual knowledge that their site or service is collecting personal information from other websites or online services directed at children.2 Nevertheless, the FTC has noted that the operators of general audience sites are not obligated to investigate the ages of the visitors to the site or service, though many general audience sites have opted to implement COPPA screening mechanisms as a precautionary measure, or to block children under 13 altogether.3

• providing parents with the option of giving consent to the collection and use of the child’s internal information by the operator, but prohibiting the operator from sharing that information with third parties; • providing parents with access to their child’s information for review, as well as the option to have that information deleted; • providing parents with the ability to prevent further use or collection of a child’s personal information; • maintaining the security, confidentiality, and integrity of the information that is collected from children, including taking reasonable steps to release that information only to parties who are capable of maintaining it with the same level of security and confidentiality; and • retaining personal information that has been collected from children using the site or service for only as long as is necessary to achieve the purpose for which it was collected, and deleting it so as to protect against the data’s unauthorized access or use.4

H Christina N. Scelsi, Esq.

The COPPA Rule requires operators of websites or online services to take certain steps in order to be compliant, including: • posting a clear online privacy policy that describes the site/service’s information practices for personal information collected from children; • providing notice to parents, and obtaining verifiable parental consent, before collection personal information from children; PAGE 12

COPPA was enacted to protect the personal information of minors in the online world, and when it was first enacted in 1998, the definition of personally identifiable information included the following categories of data: • first and last name; • home address or other physical address, including the street name and name of a city or town; • telephone number; and • Social Security number As one can imagine, the rapidly changing technological online environment meant that changes to COPPA to reflect this new reality would be necessary. In 2013, the FTC proposed updates to the law to reflect the new types of data that could be collected from minors online, as well as the new mechanisms that had developed for doing so. These changes expanded the definition of personally identifiable data to include: • online contact information; • a screen or user name that functions as online contact information;

www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

• persistent identifiers (e.g., a customer number present in cookies, an IP address, or a device identifier); • geolocation information; • a photograph, video, or audio file that contains a child’s image or voice; • information concerning the child or parents combined with an identifier.5 The FTC granted a grace period on enforcement of the updated law, which expired in 2014, and the recent enforcement actions taken by the agency include important lessons for attorneys advising website operators in this space. The first notable enforcement of the updated COPPA rules was brought against online review community operator Yelp, Inc.6 The FTC announced a settlement of $450,000 with the company in September 2014, and the company also agreed to report on its compliance program to the agency within one year.7 Yelp, Inc. did not have the proper age-screening mechanism in place on its mobile application, which collected the email and birth dates of users as part of the registration process, including those of minors.8 As noted by the FTC in its announcement of the settlement, the irony of Yelp’s violation of COPPA resided in the fact that the company had the proper policies and mechanisms in place on its full website, but did not ensure that the same policies and procedures were in place on the mobile app.9 The second recent notable COPPA enforcement was brought by the FTC against game maker TinyCo. At issue in this enforcement was the fact that the games

seemed to be targeted at children, but did not include the proper steps for obtaining verifiable parental consent for the collection of data from them.10 This included the collection of email addresses from minors in order to send them special bonus items to redeem in the game.11 The FTC noted the features of the game that it deemed as targeting children in its announcement included “brightly colored animated characters,” and “themes appealing to children” such as Tiny Pets, Tiny Zoo, Tiny Monsters, Tiny Village and Mermaid Resort.12 Ultimately, the game company settled with the FTC for $300,000, and agreed to report on its COPPA compliance program within one year.13 Perhaps the most notable recent COPPA enforcement action taken by the FTC concerned the app maker BabyBus. The agency took the unprecedented step of warning the company that it was not in compliance with the law, and that its apps “appear to collect precise geolocation information that is transmitted to third parties” without obtaining the proper parental consent.14 As a result of this warning, Google pulled the company’s apps from the Google Play Store.15 This situation also demonstrates an important lesson for attorneys working in the app and online space since the aspect of the app that the FTC took issue with was not actually BabyBus’ code, but rather a third-party piece of software that was incorporated into it.16 This application programming interface (API) that BabyBus had used to collect analytics data was also collecting geolocation data from players in violation of COPPA.17 As such, attorneys working with app developers and website operators who may potentially collect such data need to caution clients to not only

check their own internally created code, but also the code and functionalities of any third-party software and code that may be incorporated into their product for COPPA compliance. CalOPPA In addition to COPPA, attorneys working with clients in the online space need to be aware of the requirements of the California Online Privacy Protection Act (CalOPPA). This law requires all commercial operators of websites or online services to conspicuously post their privacy policies so as to inform consumers of what categories of personally identifiable information are being collected, as well as with which third parties that information will be shared.18 Unlike COPPA, this law is not just targeted at minors but at all California residents. While this may seem like it may not be applicable across the country, here in Florida the largely interconnected world that has resulted from the advent of the internet means that this law can indeed be a real problem for companies doing business online. Delta Airlines learned this lesson in 2012, when the company found itself the subject of an enforcement action by California attorney general Kamala Harris for not only not having a conspicuously posted privacy policy on its mobile app, but also for not having one posted at all.19 Ultimately, however, the Superior Court of California for the City and County of San Francisco found that the CalOPPA enforcement action was preempted by federal law regulating airlines.20 Like the COPPA enforcement actions, this case also demonstrates an important practice point for attorneys advising clients in this space: ensuring that mobile apps and websites for continued page 32

Lilburn R. Railey III Mediation Services 30 Years Experience As Civil Trial Lawyer

+ Contract Disputes

Circuit-Civil Mediator

+ Construction

FL Supreme Court Qualified Arbitrator

+ Commercial | Business

National Academy of Distinguished Neutrals

+ Architects | Engineers

Railey Harding

Professional Liability

Allen | PA

15 North Eola Drive | Orlando FL 32801 | 407.648.9119

schedule via: kschaffner@raileyharding.com or raileyharding.com/mediation theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 13

Legal Aid SocietyWhat We Do...

L Tenesia C. Hall, Esq.

Legal Aid’s GAL Program Services Speak Volumes

ast year in an edition of The Briefs, I shared information about the need for volunteer attorney Guardians ad Litem (GALs) to lead the charge for educational advocacy for dependent youth, as well as the need to have identified educational decision-makers for the youth. This article will build on that understanding and provide a primer on Florida’s current educational options for the special needs dependent children we serve. Powered by the advocacy of Orange County’s volunteer attorney GALs, Barbara and Diane, two dependent children, both of whom were barely verbal, had their voices restored through access to education. When they first entered the dependency system, both children, through no fault of their own, were out of school for extended periods of time. Their GALs were successful in securing school enrollment, special education services, and educational tools by speaking out for the best interests of the children. As a result, and to no surprise of their GALs, both youths are making great strides in their education. These children have gone from situations of extreme medical neglect and seclusion to active socialization with peers and regularly maintained health regimens. Barbara entered the dependency system after being medically neglected by her parents for years. She had already received numerous organ transplants but was not provided the proper medical followup. When Barbara’s GAL, Melody Lynch, Esq., first visited Barbara, she discovered that the child had not been to school in more than a year. Before dependency system intervention, Barbara lived in a health care facility for more than six years. At age 8, she could not read, write, or hold a conversation, but she could sing the most beautiful songs. After attempting numerous ways to communicate with Barbara, Melody determined that music was clearly the best path to follow to engage the child. Barbara loved music; she lives for music. Given her numerous medical issues, including severe eczema, Barbara could not attend a mainstream school and was participating in the Hospital Homebound program, which brings education to children in medical need. Barbara met with an educator in her home on a weekly basis to receive instruction. When she was not receiving instruction, Barbara was lonely, sitting at home waiting for other foster children to return from school. Although Barbara could not go outside and play because of her medical issues, she sparkled with excitement with each moment of peer interaction.

PAGE 14

www.orangecountybar.org

Recognizing the significance of music and as a means to further engage Barbara in speech and play therapy, Melody requested in-home music lessons for the child. The Foundation for Foster Children (FFC), a local organization that provides life-enriching opportunities for local dependent children on an application basis, granted the Melody’s request. Additionally, she requested an iPad for Barbara’s birthday so that she could listen to music while in the Hospital Homebound program. FFC granted that request as well. That simple request for an iPad was crucial. Barbara went from hours of seclusion and boredom to constant engagement and enjoyment. As her case progressed, we learned that the school knew Barbara was in need of special education services but that the child’s mother did not attend any school meetings to provide the necessary consents for those services. Melody jumped into action, assisting the school with obtaining the necessary consents. As a result, Barbara quickly received a comprehensive educational evaluation, which resulted in the creation of an Individual Education Plan (IEP) designed to address Barbara’s specific educational need and services. Barbara bonded with her nurse in the long-term medical care facility she called home prior to entering the dependency system. On the days she received treatment, Barbara’s mother would leave her in the hospital alone for hours on end. Barbara’s nurse, aware of Barbara’s longing for human interaction, would sit with her so that she would not feel alone. On days the nurse could not be there, the nurse’s mother sat with Barbara. Shortly prior to coming into care, the nurse lost contact with Barbara. Through diligence, however, Barbara’s dependency team found the nurse and helped her reestablish contact with the child. The nurse is now Barbara’s permanent guardian. Rather than receiving notifications that Barbara is in need of support, Melody has received updates about Barbara’s singing in the school chorus. Barbara couldn’t be in a better place. Barbara was Melody’s first case of dependent medical neglect. She reports that she had not yet educationally advocated for a client with such a high level of need, but that as in Barbara’s case, she will use the guidance and advice of the Legal Aid Society’s GAL department attorney. Melody knew what her desired outcome was for Barbara, and LAS assisted her in taking certain legal steps continued page 28

theBriefs August 2015 Vol. 83 No. 7

Legal Aid SocietyLAS Teaching Tips My Top Eight Tips for Assisting Clients Who are Facing Foreclosure

I Michael L. Resnick, Esq.

often get calls and emails from attorneys who want to know the best tips for assisting homeowners in retaining ownership of their homes once a foreclosure has been filed for non-payment of a loan or association dues and assessments. While the success of any of these tips is dependent on the homeowner’s financial situation, projected cash flow (income), home value, and the lender and/or association, to follow are my top tips for giving a homeowner a better chance for saving the home: 1. If a homeowner is involved in a bank foreclosure, he or she should immediately contact the lender to discuss the possibility of a loan modification pursuant to the federal government’s Making Home Affordable Program (HAMP). HAMP is designed to help some, but not all, homeowners retain their home. A homeowner’s ability to obtain a loan modification under HAMP is dependent on the homeowner’s income, expenses, and other pertinent factors. As part of this inquiry, the homeowner should ask the lender whether the homeowner is eligible for any other relief under the lender’s traditional, non-HAMP loan modification programs. The homeowner should be informed that obtaining a loan modification is difficult, frustrating, and time consuming. 2. If a homeowner is involved in a bank foreclosure, he or she should contact the Florida Hardest Hit Fund (1-877-863-5244) to determine whether the homeowner is eligible for financial assistance that will pay arrears and 12 future monthly payments. The homeowner may be eligible for financial assistance if the reason he or she initially failed to make loan payments was because of unemployment or underemployment. The homeowner should be informed that obtaining funding from the Florida Hardest Hit Fund will be even more difficult, frustrating, and time consuming than obtaining a loan modification under HAMP. 3. If a homeowner does not have enough income to support a HAMP loan modification, he or she may rent a room in the home. Under HAMP, a homeowner is allowed to add monthly rental room income to the homeowner’s monthly income in

theBriefs August 2015 Vol. 83 No. 7

determining eligibility. Renting a room in a home is one of the best ways to obtain a HAMP loan modification. 4. If a homeowner is involved in an association foreclosure, then he or she should immediately contact the association or the association’s attorney to suggest a payment plan. The homeowner should be advised that the association is not required to offer a payment plan to the homeowner and the association is not required to accept a payment plan offer made by a homeowner. 5. If a homeowner is involved in an association foreclosure, it is my opinion that it is a bad idea for the homeowner to argue with the association about the actual amount of money that is owed to the association. From my experience, this type of effort only increases the balance of what a homeowner owes to the association and often results in the association not wanting to offer or accept a payment plan. 6. If a homeowner is involved in an association foreclosure, I suggest that the homeowner immediately propose a payment plan to the association. The sooner a settlement is reached the less money the homeowner will owe to the association. I suggest the following general payment plan offer to the association: a. a down payment of 20% of the money that is owed to the association; and b. the payment of the remainder of monies owed to the association within 12 months. It is rare for associations to offer a payment plan that exceeds 12 months (although longer payment plans are possible, depending on the association, the association’s experiences with the homeowner, and the association’s overall finances); and c. the homeowner’s agreement to pay all future dues and assessment when they become due. 7. It is likely that a homeowner will not like your suggestion that the homeowner enter into a payment plan with the association. This homeowner should be reminded that if he or she does not enter into a payment

www.orangecountybar.org

continued page 30

PAGE 15

Legal Aid SocietyGAL Teaching Tips

W Tenesia C. Hall, Esq.

GALs Help Dependent Youth Ace Florida’s New Diploma Options

hen a student with disabilities has an Individual Education Plan (IEP) based on that disability turns 14 years of age, it is time for the student’s school and support team to memorialize a plan to help the student achieve his or her goals for life after high school. This plan, known as a Transition Plan, exists in large part to help prepare the youth for an identified career or education path based on the youth’s strengths and interests. To accomplish this goal, a child’s educational team, comprised of key school staff and the child’s educational decision-maker, needs to ensure that the youth is on the correct diploma track. The unmatched dedication of Orange County’s volunteer attorney Guardians ad Litem (GALs) has grown to such a level that GALs frequently contact the Legal Aid Society about nuanced educational issues to ensure academic success for their dependent children. Please keep the following options in mind when preparing your dependent students’ transition IEP. Prior to 2014, there were four high school diploma options for Florida students: standard diploma, standard diploma with a FCAT waiver and End of Course Assessment waiver, special diploma 1, and special diploma 2. These special diplomas focused on merit and employability. Students who were not able to meet either of these goals were sometimes granted a Certificate of Completion, which is similar to a Certificate of Attendance. Over the past few years, the number of Florida students who graduate with a special diploma has gradually decreased, while the number of students who graduate with a standard diploma and waiver has increased. The school dropout rate for students with disabilities is also on a gradual decline. In 2014, the Florida Legislature repealed special diplomas. Any youth who began 9th grade in the 2013-2014 school year or earlier and whose IEP already documented a special diploma track may continue to work toward his or her special diploma. Special diplomas are accepted by employers, vocational educational programs, and some branches of the military. However, some colleges, universities, and military branches do not accept special diplomas. Special diplomas might also limit employment and advancement opportunities. Children who are currently on the special diploma track may choose to work on one of the current diploma tracks.

PAGE 16

www.orangecountybar.org

As of 2014, Florida offers three diploma options: a standard diploma, a standard diploma with academic and employment requirements, and a standard diploma with access courses and an alternative assessment. Any youth who began 9th grade in 2014-2015 or later may not work toward receiving a special diploma. All current diploma options require 24 credits with the following breakdown: 4 credits in English language arts; 4 credits in math; 3 credits in science; 3 credits in social studies; 1 credit in fine arts, speech and debate, or practical arts; 8 elective credits; and 1 credit in physical education. The following course classes cannot be waived: algebra I; geometry, biology, and U.S. history. Additionally, students must successfully complete one online course as well as earn a 2.0 grade point average on a 4.0 scale and pass the statewide assessments unless a waiver of assessment results is granted by the IEP team. The Florida Alternate Assessment (FAA) has replaced the FCAT as Florida’s statewide assessment. A standard diploma is available to any student, including students with disabilities. It requires those items listed above. A standard diploma with academic and employment requirements is only available to students with disabilities. Students who are visually or speech-impaired are not eligible for this track unless they have another approved disability. This track carries the same criteria as a standard diploma with the following modifications: students may take Career and Technical Education (CTE) courses with content related to English for English IV; mathematics for 1 mathematics credit; science for 1 science credit; and social studies for 1 social studies credit. Their elective credits could include .5 credits in an employment-based course and may also include Exceptional Student Education (ESE) classes. Additionally, students’ online course requirement may be waived by the IEP team. A standard diploma with access courses and the alternate assessment is only available to students with significant cognitive disabilities. It carries the similar criteria as a standard diploma with academic and employment requirements. Students may take substitute access courses for general education courses. They can meet their elective requirement through employment-based courses. continued page 31

theBriefs August 2015 Vol. 83 No. 7

LEGAL AID SOCIETY

OF THE ORANGE COUNTY BAR ASSOCIATION

RECRUITING TABLE CAPTAINS AND SPONSORS! Are you willing to be a Table Captain for the “2015 Breakfast of Champions?” Can you commit to bringing yourself plus nine other corporate and/or personal donors to our fundraising event? If so, contact:

Donna Haynes

DEVELOPMENT DIRECTOR

(407) 515-1850 or boc@legalaidocba.org To benefit the Legal Aid Society of the Orange County Bar Association, Inc. Reservations Required - Location to be determined

Wednesday, November 4, 2015 7:30 a.m. until 9:00 a.m. SPONSORSHIPS AVAILABLE:

Platinum Gold Silver Copper Bronze

$10,000 $5,000 $2,500 $1,000 $500

A COPY OF THE LEGAL AID SOCIETY OF THE O.C.B.A.’S OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE 1-800-HELP FLA (1-800-435-7352) IN STATE OR AT THE WEBSITE, WWW.FRESHFROMFLORIDA.COM <http://WWW. FRESHFROMFLORIDA.COM> . REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 17

We are pleased to announce the association of

Ritisha K. Chhaganlal, J.D.

as an attorney in the firm’s Altamonte Springs office.

Ritisha’s practice will focus on the representation of physicians, health professionals and licensed health care facilities in litigation, licensing and disciplinary issues, appeals, administrative hearings, regulatory matters, Medicare and Medicaid defense, contracts and business matters. While earning her Juris Doctor (J.D.), Ms. Chhaganlal combined two of her life passions: travel and the study of law. She received an opportunity to study law at Oxford University in England for a summer. Ms. Chhaganlal also participated in the Business Law Certificate Program at Florida State University College of Law. She earned a Bachelor of Science in Business Administration from the University of Central Florida in Orlando. Prior to joining The Health Law Firm, Ms. Chhaganlal worked as an assistant in the Florida Senate, where she gained experience researching matters related to laws affecting assisted living facilities. She also was involved in attending committee and lobbyist meetings.

The healTh law Firm

www.ThehealThlawFirm.com MAIN OFFICE 1101 Douglas Avenue 37 N. Orange Ave., Suite 500 Altamonte Springs, FL 32714 Orlando, Florida 32801 (407) 331-6620 (407) 331-6620 BY APPOINTMENT

PAGE 18

BY APPOINTMENT

201 E. Government St. Pensacola, Florida 32502 (850) 439-1001

www.orangecountybar.org

BY APPOINTMENT

155 E. Boardwalk Drive, Suite 424 Fort Collins, Colorado 80525 (970) 416-7456

theBriefs August 2015 Vol. 83 No. 7

Open fOr Business! My Orlando Lawyer Directory This FREE, online listing directory is exclusively for OCBA members! Increase lawyer-to-lawyer referrals and community interest. Complete your profile!

1. Go to www.MyOrlandoLawyer.com 2. Login with your OCBA username & password. 3. Add practice areas, types of cases handled,

location, years of practice, education, board certifications, and much more.

4. Simply hit “Submit” and your information will Take advantage of this FREE member benefit. Make it easy for members and the public to find you quickly!

be posted immediately for online searches.

5. For more information, call 407-422-4551.

Proceeds from the Happy Hour benefit the OCBA Foundation. Proceeds from the Silent Auction, hosted by the voluntary bars, benefit Second Harvest Food Bank.

$15 for early registration & $25 for late registration For event details, see the OCBA Store and be sure to register by Oct. 12. Sponsored by BMO Harris Bank

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 19

PhotoOps

Representatives from South Lake Animal League’s Companions for Courage (CFC) Program and Judge Thomas Turner were on hand in June at the Thomas S. Kirk Juvenile Justice Center to talk about the impact CFC is having in Judge Turner’s courtroom. CFC is a group of dedicated volunteers and their team of Certified Therapy Dogs who work with courthouses and juvenile justice programs in Lake, Sumter, and Orange counties. The dogs provide courage and companionship to children who must give difficult testimony in the courtroom or in depositions, or assist in counseling sessions or other traumatic situations such as death, abuse, illness, or a loss. Standing: Lynne with Boomer, Judge Alicia Latimore, and Judge Thomas Turner with Daisy Floor: Dan with Jake, Adel, Joanne with Karl, Joe with Newman, and Sheri with Bella (Some last names have been omitted to protect anonymity.)

Lou Frey, Esq., shareholder emeritus with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., was awarded the Lifetime Achievement Award by the U.S. Association of Former Members of Congress (FMC) on the floor of the U.S. House on June 17, 2015. This is only the second time that FMC has presented this award, with the first honoree being President George H. W. Bush. In addition to the award, FMC announced the creation of the Lou Frey Civics Scholarship, which will be awarded to a Winter Park High School student who excels in civics. “For over 35 years, Lou has been one of FMC’s most active and dedicated volunteers and has made a tremendous impact across the country by promoting the importance of civic education. He also helped pass legislation in Florida to make sure no high school student graduated without the basic understanding of how our government works,” said Barbara Kennelly (D-CT), president of FMC.

Judge Turner with Newman

Mr. Frey is a former member of the United States Congress. In addition to his busy law practice and his continuous involvement with the Lou Frey Institute at University of Central Florida, he writes a column for numerous newspapers in the state, and teaches in many high schools and colleges. He has edited and written two books on Congress and American politics titled, Inside the House: Former Members Reveal How Congress Really Works, and Political Rules of the Road: Representatives, Senators, and Presidents Share Their Rules for Success in Congress, Politics, and Life. Mr. Frey was named by Governor Bush to serve on The Florida Energy 20/20 Commission. As co-chairman of Change4Kids, he helped pass a referendum that will raise over $2 billion for school construction and rehabilitation in Central Florida.

PAGE 20

Lou Frey, Esq.

www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

Young Lawyers and Law Clerks Reception

July 1, 2015 Orange County Regional History Center

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 21

Transform Your Law Practice into Law Firm Success!

Going the Distance

This course is for you! Enroll Today!

For Lawyers in Practice 3-5 Years In this dynamic, day-and-a-half education program, you will meet with marketing, human resources & case management experts, learn about office technology & how it can help with billable hours & learn best-practice tips from highly regarded members of the legal community.

We’ll help take your law practice across the finish line! Enrollment Fee: $150 – OCBA members $175 – Non-members

October 29 & 30, 2015 Orange County Bar Association

PAGE 22

Payment due with application. Breakfast, lunch, and reception included. 5.0 CLE (pending) For more information contact: Karen Fast Strategic Marketing and Membership Manager 407-422-4551, ext. 225

www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

Fall in for Basic Training

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.

l a g e l a r a P p Boot Cam 2015

Become a preferred vendor • Contact Vendor Marketplace representative by email. •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 3905, Avon, CO 81620 • 970-331-6491 trinitycathy@yahoo.com THELAW.TV Free welcome video for your firm from the nation’s leader in web videos for lawyers. • Corey Saban • 1401 Forum Way, Ste. 730, West Palm Beach, FL 33401• 561-626-9809 • csaban@thelaw.tv

•Banking•

BMO | Harris Bank Strength and Stability in Banking • Michael Valenzuela 150 North Orange Ave., Orlando, FL 32801 • 407-534-5902 Michael.Valenzuela@bmo.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 Charles Kiester • 321-356-5350 • charlie.kiester@thomsonreuters.com

The Fundamentals of the Paralegal Profession October 16 & 17, 2015

MyCase Web-based legal practice management software built for the modern law firm. MyCase offers a 10% lifetime discount to all OCBA members! Stephanie Phelan, Marketing Manager • 50 Castilian Dr., Goleta, CA 93117 805-364-5727 • stephanie.phelan@mycase.com

A dynamic program for paralegals, legal assistants, and legal administrators! • Learn how to prepare for practice in circuit, civil, business, domestic, & criminal courts • Join JAs for tips on filing notices, scheduling hearings, & communicating with judges • Learn about running a law firm, & more...

•Professional Services•

Registration fee:

ProServe USA 1, Inc. Nationwide Process Service, Skip Tracing, Records Subpoenas, Bulk Pricing Available • Rob Bamberg • 407-872-0707 info1@proserveusa.com

•Miscellaneous•

WonderWorks Orlando All members of OCBA receive 25% off all WonderWorks Orlando Tickets via personalized company link. • Annie Rivera • 407-352-4275 events@wonderworksonline.com

•Pratice Management•

Dytech Group Computer Networking “Our Business lets you Focus on Your Business” • Dennis Bell •7201 Sandscove Ct., Ste. 4, Winter Park, FL 32792 407-678-8300 • Sales@Dytech.com InterNetwork IT Everything IT for Your Company. Let us worry about your IT so you don’t have to. • Adam Alexander • 653 W. Michigan St. Orlando, FL 32805 321-300-6383 • Adam@InternetworkIT.com The business 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.

theBriefs August 2015 Vol. 83 No. 7

125 Student & government attorneys 150 OCBA members $ 175 Non-members • Breakfasts, lunches, & receptions included • 8.5 CLE $ $

Serving the Legal Profession. Serving the Community.

www.orangecountybar.org

To register, go to: www.orangecountybar.org/paralegalbootcamp or call 407-422-4551, ext. 225.

PAGE 23

The YLS inaugural Book Drive was a huge success. Shown are Karen Persis, Esq. and Brock Hankins, Esq.

Judge Paul G. Byron and Judge Carlos E. Mendoza of the U.S. District Court addressed a packed house at the YLS June luncheon.

24th Annual YLS Golf Tournament

Friday, October 9, 2015

Registration is now open online ! In order to speed

up play while accommodating the great demand for the event, we have secured 27 holes to better spread out all the players. Interested players and sponsors can register now at www.ylsgolf.com where credit card payments are now accepted in addition to payment by check.

Shotgun Start at 8:00 a.m

Entrance Fees:

$620 Foursome (early registration price, good thru Sept. 7; $700 thereafter) $175 Single Player $145 Single Player - Government

Sponsorship Opportunities:

$3,500 Title Sponsor $ 650 Hole Sponsor $ 350 Closest to Pin Sponsor $ 350 Longest Drive Sponsor $ 350 Straightest Hole Sponsor $ 250 Hole (Sign) Sponsor –––––––––––––––––– Raffles & Prizes!!!

Grand Cypress Resort One North Jacaranda Orlando, FL 32836

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. PAGE 24

www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

YLS on the move

Jennifer A. Smith, Esq.

chool’s out for summer and YLS has been very busy! Here is a look at some of our recent events: On May 16, 2015, the Young Lawyers hosted their annual Field Day for the amazing kids of Great Oaks Village (GOV), a group foster home in Orange County. The Field Day is one of the longest-running YLS community service events. As always, it was a huge success thanks to the efforts of chairs Andrew Roy, Esq., and Eric LaRue, Esq., their committee, and everyone who participated. Hope you caught the pics in last month’s issue of The Briefs. On May 21, 2015, YLS held its inaugural Book Drive and donated more than 1,500 children’s books to two local elementary schools: Orange Center Elementary and Grand Avenue Primary Learning Center. This would not have been possible without the help of Houghton Mifflin Harcourt, which generously donated nearly $9,000 worth of books and our event sponsor, U.S. Legal Support. More than 95% of the students at both schools are on free and reduced lunches, and the books will go a long way to ensuring they have access to quality literature that encourages them to further their education. Because of the success of this event, not only were we able to fill the schools’ libraries, but each child received his or her very own book. Many thanks to committee chair Brock Hankins, Esq. on a great event! The 2015-2016 OCBA YLS officers and board members were sworn in by the Ninth Judicial Circuit Chief Judge Frederick Lauten on May 28, 2015, at the OCBA Installation Dinner. Kudos to Karen Persis, Esq., immediate past president, for her outstanding leadership, and a warm welcome to Amber Davis, Esq., incoming president, for what promises to be another amazing year. Among last year’s accomplishments, the YLS was named The Florida Bar Young Lawyer Division’s Affiliate of the Year. See your new YLS officers and board members on page 7. On June 19, 2105, the YLS hosted its monthly luncheon at the Citrus Club. The keynote speech was delivered by our distinguished guests, Judge Paul G. Byron and Judge Carlos E. Mendoza of the United States District Court for the Middle District of Florida. The judges gave us great insight from the bench, discussing common mistakes made by young lawyers and how to maintain professionalism in our practice. CLE credit was provided to all attendees. YLS’s Afternoon at the State Courthouse took place on June 26, 2105, in the jury room of the Orange County Courthouse. The annual event is taught by current judges and is designed for young attorneys, law students, paralegals, paralegal students, and legal assistants and provides unique in-

theBriefs August 2015 Vol. 83 No. 7

sights into local judicial policies and procedures, universal courtroom decorum, and helpful hints for those practicing locally. A big round of applause goes out to Paige Carlos, Esq., and her committee for putting together a wonderful and informative program. The YLS hosted its annual Young Lawyers and Law Clerks Reception on July 1, 2015, at the Orange County Regional History Center. This is one of YLS’s signature events. More than 100 judges, attorneys, law clerks, and legal professionals came out to enjoy 4 Rivers BBQ, drinks, an auction, and information from the event sponsors. Everyone enjoyed the opportunity to mix, mingle, and acknowledge the work of our summer law clerks in a relaxed setting. Committee chair Michael Dear, Esq., did an outstanding job organizing this event. Mark your calendar for upcoming YLS events: On August 4, 2015, YLS will host its Backpack Project Happy Hour from 5:30 p.m. to 7:30 p.m. at KASA, 183 S. Orange Ave., in downtown Orlando to benefit students at Rock Lake Elementary School. RSVP for the happy hour ($20) on the OCBA website at www.orangecountybar.org/ ylsproducts.com. The happy hour is just one of four ways YLS members can participate and help the students have a successful 2015-2016 school year. You can also do one – or all – of the following: sponsor a child at $20, donate school supplies, or serve on the committee. Monetary and supply donations can be dropped off at the YLS August luncheon. For more information, or to arrange alternate drop off times, contact committee chair Jennifer Seipel, Esq., at jseipel@awtspa. com. Get involved! This month, Judge John Kest’s Brown Bag Lunch will be held on August 13, 2015, from 12:00 p.m. to 1:15 p.m. in the 23rd floor judicial conference room at the Orange County Courthouse. The topic is: “Impeachment and Refreshing Recollection” and 1.5 CLE credit is provided. Please feel free to bring your lunch. Although RSVPs are not required, we encourage you to contact Judge Kest’s JA, Diane Iacone, at ctjadi1@ocnjcc.org, so that handouts can be prepared. Mark your calendar for the September Brown Bag Lunch, tentatively scheduled for September 10, 2015. Watch for details in the upcoming YLS and OCBA email blasts. The next YLS Luncheon will be held on August 14, 2015, at the Citrus Club from 12:00 p.m. to 1:00 p.m. Check-in begins at 11:45 a.m. For a wonderful three-course meal, the luncheon costs only $10 per person. Lunch is offered at a reduced price thanks to the generosity of our sponsors. Please be sure to RSVP by August 12 to

www.orangecountybar.org

continued page 26

PAGE 25

YLS on the move continued from page 25

yls@gmail.com if you are paying by check or cash, or through the OCBA Store at www.orangecountybar.org/ylsproducts to pay online. A late charge of $5 per person will be added for all RSVPs not received by the deadline. Please note that the YLS is charged for all RSVPs, so please notify us if you have made an RSVP but are unable to attend. The September YLS Luncheon will be held on September 18, 2015 – same time, same place, same fee, same great food, and same extraordinary camaraderie! RSVP by September 16 to avoid the $5 late charge. Mark your calendars and join the YLS for its annual Gator Bus Trip to Gainesville, Florida. This year, we’re going to the Florida vs. Tennessee game. The trip to Ben Hill Griffin Stadium will be Saturday, September 26, 2015. A seat on the bus will include a round trip ride from Or-

lando to Gainesville, food, beverages, and a tailgate. Tickets to the game will be sold separately. For more information, including sponsorship opportunities, please contact co-chairs Joey Chindamo, Esq., at jchindamo@gmail.com, or Sean Wiggins, Esq., at seanbwiggins@gmail.com. Other details will arrive in your Inbox soon! Do you like to hear a good argument, listen to a great speech, or watch a humorous performance? Then volunteer for the YLS-sponsored high school speech and debate competition in connection with the Central Florida Debate Initiative on September 30, 2015. We need volunteers to judge the competition – no experience necessary! For debate location, time, and judging details, contact event chair Tara Tedrow, Esq., at tara.tedrow@lowndeslaw.com. We look forward to having you there! One of the YLS’s biggest charitable fundraisers is the Annual Golf Tournament,

taking place this fall on October 9, 2015. Based on such high demand, we have expanded the tournament this year to accommodate more sponsors and golfers; of course, such expansion requires extra effort to fill all sponsorship opportunities and foursome slots. To learn more about the event, please email either Ryan Scordato, Esq., at rscordato@oconlaw.com, or Keith Kanouse, Esq., at keith.kanouse. jr@gmail.com, and see the ad on page 24 in this issue of The Briefs. Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www.facebook.com/OCBAYoungLawyersSection. Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

PhotoOps

CFAWL Past President Melanie Griffin, Esq., President Jessica McGinnis, Esq., and Past President Barbara Leach, Esq., on June 19, 2015, at CFAWL’s Pass the Gavel luncheon. Greater Orlando Asian American Bar Association Past Presidents Kim Nguyen, Esq. and Jessica Hew, Esq. served as co-chairs for the Southeast Regional Conference for the National Asian Pacific American Bar Association held on June 12, 2015 at the Hyatt Regency Orlando.

PAGE 26 www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

SideBar

t’s August and that means many bar associations have welcomed in new leadership. A special thanks to all leaders who served our voluntary bar organizations in the 2014-2015 year, and best of luck to those serving in 2015-2016. Based on the following updates from the Central Florida Association for Women Lawyers (CFAWL), Greater Orlando Asian American Bar Association (GOAABA) and the Hispanic Bar Association of Central Florida (HBACF), it looks like all voluntary bars have been keeping busy!

Kimberly A. Lopez, Esq.

CFAWL CFAWL raised more than $8,000 at its annual Runway for Justice fundraiser held on May 20, 2015, which benefited a Place for Children and CFAWL’s bar scholarship. Congratulations to chairs Kimberly Lorenz, Esq. and Anne Marie Williams, Esq. on a successful event. CFAWL hosted its Pass the Gavel luncheon on June 19, 2015, swearing in its 2015-2016 board, including president Jessica McGinnis, Esq., president-elect Amanda Perry, Esq., secretary Megan Malec, Esq., treasurer Kelli Murray, Esq., and treasurer-elect Arti Hirani, Esq. Mary Walter, Esq. and Charity Tonelli, Esq., were sworn in as membership co-chairs, and Keshara Cowans, Esq., and Lindsay Harrison, Esq., as programs co-directors. Other directors and representatives sworn in include Cynthia June (CJ) Bosco, Esq., Tara Tedrow, Esq., Tina Leger, Esq., Kimberly Hosley, Esq., and Sonica Cinami, Esq.

In June, CFAWL also recognized certain members for their leadership. CFAWL presented the Legacy Award to the Honorable Margie Schreiber and its Distinguished Leadership Award to Jamie Billotte Moses, Esq. Lorraine Pitre, Esq., received the Emerging Leader Award. At The Florida Bar Convention, the Florida Association for Women Lawyers (FAWL) presented CFAWL with the Outstanding Public Service Program Award for its speaker series titled “Words of Wisdom from Well Informed Women.” The program was created by Jaime Billotte Moses, Esq. This month, CFAWL kicks off its annual Backpack Project, collecting donations of backpacks and school supplies for Rock Lake Elementary.

al Asian Pacific American Bar Association at the

Hyatt Regency Orlando. The conference included six panel discussions on various legal topics and networking dinners. GOAABA past presidents Jessica Hew, Esq., and Kim Nguyen, Esq., served as conference co-chairs. On July 15, 2015, GOAABA swore in its 20152016 officers and board of directors. Lisa Gong Guerrero, Esq., was sworn in as president. Christine Berk, Esq., Vanessa Braga, Esq., and Teris Deitsch, Esq., were sworn in as president-elect, secretary, and treasurer, respectively. The 2015-2016 board rounds out with Denise Kim Beamer, Esq., Lalitha Alladi, Esq., Jile Dashtso, Esq., Michelle Ku, Esq., and Annie Kwong, Esq., as at-large board members. Wanda Reas, Esq., now enjoys the coveted “past president” title.

HBACF HBACF kept its summer tradition alive by hosting its annual Summer Fiesta and Domino Tournament on June 26, 2015. The event, held at Winter Park’s Casa Feliz, saw more than 100 attendees enjoy the tournament, open bar, music, and dancing, all while raising funds for the HBACF’s philanthropic endeavors. Congratulations to Fermin Lopez, Esq. for chairing a successful event. On July 8, 2015, the HBACF, in conjunction with the Hispanic National Bar Association and MetLife, hosted a speed networking event modeled after speed dating. Law students and young lawyers with two years or less of practice had the opportunity to ask questions, seek guidance, and build mentoring relationships with judges, private practice attorneys, and government/public interest professionals. The event was part of a corporate sponsorship from MetLife to the HNBA to host similar events across the nation. Remember, SideBar is for you! Feel free to contact me at kimberly.lopez@akerman.com with news about your associations’ upcoming or past events, achievements, or other news of interest. We welcome photos, too! Be sure to ID photos with the name of the event and people in the pic. Kimberly A. Lopez, Esq., an associate with Akerman, LLP, practices in the area of commercial litigation. She has been a member of the OCBA since 2008.

GOAABA On June 12, 2015, GOAABA hosted the 2015 Southeast Regional Conference for the Nation-

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 27

LASWhat We Do... continued from page 14

to achieving them. LAS provided information for appropriate contacts and discussed the processes involved. After the GAL obtained an IEP for Barbara, we reviewed the IEP to make sure that the services were appropriate. Diane is another youth who missed extensive time in school because of severe medical issues. At the age of 10, she couldn’t speak in full sentences and was developmentally delayed. She has cerebral palsy, a low IQ, and is visually and orally impaired. Before a volunteer attorney GAL was appointed, Diane did not have any medical, educational, or social stability. She was not regularly attending school and was constantly bouncing between medical foster homes and hospitals. Diane’s medical needs were being addressed, but her educational needs were all but ignored. The lack of stability Diane faced in almost every area of her life led to constant changes in schools and an educationally insufficient knowledge base. LAS and her volunteer attorney GAL, Richard Dellinger, Esq., after

vided by our GAL program, Diane’s GAL stated that “the resources that are available at the Legal Aid Society are invaluable and people need to know the resources are there. If they take advantage of it, they will be happy and everyone will benefit from the Legal Aid services.” He notes that LAS provides “specialized services, with unique expertise” that our pro bono GALs cannot receive anywhere else. “So, do not be afraid to ask for the help from our specialty attorneys,” he comments. I concur. For more information, please contact Tenesia Hall, Esq., LAS staff attorney, Guardian ad Litem Department, at tchall@legalaidocba.org or 407-841-8310. For information about how to become a Legal Aid financial donor or help with our fundraising efforts, please contact Development Manager, Donna Haynes at 407-515-1850 or dhaynes@legalaidocba.org.

combing through Diane’s dependency file and meeting with the child, found that she loved music, Legos, and dancing. Richard ensured that Diane received an iPad so that she could continue to listen to music during her alone-time. Diane was being educated through the Hospital Homebound program; however, Richard and Legal Aid believed that Diane was capable of succeeding in a less restrictive, more mainstream educational setting. LAS identified an excellent school serving children with special needs. Richard toured the school to determine whether the school would meet Diane’s needs, and eventually Diane was placed at that school. Diane has specialized instructors, receives speech therapy, and is making marked strides at school. She is now more social and is no longer secluded. LAS assisted Richard, who has irreplaceable institutional case knowledge, with obtaining an appropriate IEP for Diane. LAS also partnered with the GAL to obtain piano lessons for Diane from the Foundation for Foster Children. When Richard was asked about his experience with this case and the assistance pro-

Tenesia C. Hall, Esq., Legal Aid Society Program staff attorney, GAL Department, has been a member of the OCBA since 2001.

Connect with the Court for Breaking News and Feature Stories... The Ninth Circuit has launched its official Facebook page and Twitter account. Facebook can be found at https://www. facebook.com/pages/NinthJudicial-Circuit-Court-ofFlorida/1651451461734135, and Twitter at https://twitter.com/ NinthCircuitFL. Be sure to “Like”!

Citizen Dispute Settlement/Family Law Mediation Program We are looking for qualified attorneys who wish to meet their pro bono requirements by providing much-needed mediation services. For more information about this award-winning program, please contact the OCBA Citizen Dispute Settlement/Family Law Mediation Program Manager at 407-422-4551, Ext. 224

Alimony • Animal Nuisance • Child Custody • Child Support • Disorderly Conduct • Harassment • Landlord/Tenant • Property Damage • Visitation • Neighborhood Disputes • Property Settlement • Shared Parental Responsibility

PAGE 28 www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

ParalegalPost Paralegal Section Membership Offers Rewarding Opportunities and Experiences

O Misty M. McGlothern, FRP

n May 28, 2015, the OCBA held its Annual OCBA Installation and Awards Banquet at The Ballroom on Church Street where the 2015-2016 Paralegal Section officers and board were sworn into office. I am honored to have been chosen to serve as this year’s Paralegal Section president and am eager to work with fellow officers and board members to make this another outstanding year. A happy hour was held to introduce the new board on June 25, 2015, at Graffiti Junktion in downtown Orlando. Our thanks go to Ricoh and US Legal for co-sponsoring the event. If the weather kept you from attending, do not be discouraged. There will be many other opportunities to become involved, such as CLE luncheons, after-hours social events, our annual fall education seminar, and more. Not only do we encourage paralegals to participate, but I would like to challenge our local attorneys and fellow OCBA members to attend one of our events and invite

their paralegals and staff. I have found that attorneys who invite and accompany their paralegals to bar events often help break the ice and ease the nerves of their staff who may otherwise be too intimidated to attend alone. Paralegals are all too often considered to be only a voice on the other end of the phone or the author of the many emails exchanged during a case. They rarely have the opportunity to put a face to the voices of the many professionals they interact with on a day-to-day basis. Bar events give us all the opportunity to meet and network with other legal professionals, including judges and attorneys, grow as individuals, and further our careers. On behalf of the board, I look forward to a very successful year for the Paralegal Section and all of its members. Please make the most of your OCBA membership. If you know paralegals who do not yet belong to the OCBA, please invite them to join. Being a member of the bar and the Paralegal Section is a rewarding and enriching experience. Misty M. McGlothern, FRP, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., is president of the OCBA Paralegal Section. She has been a member of the OCBA since 2013.

The Paralegal Section, from left to right: Misty McGlothern, FRP; Bethany Gibson, FRP; Candice Maull, CP, FRP; Shannon Casey; Paul Pelton, FRP; Lori Spangler, FRP; Michelle Preiser; Meredith Gibson Zorneck, FRP; and Lisa Marcum Leah Oblinger with Ricoh event sponsor, Sean Moro, and Teresa Cochran

John Starks and Lori Spangler

theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 29

Legal Aid SocietyLAS Teching Tips continued from page 15

plan with the association, then the homeowner will lose ownership of the home as part of the association foreclosure (even if the homeowner is current on his or her mortgage payments). 8. The homeowner should consider

filing for Chapter 13 bankruptcy protection provided the homeowner has sufficient income and cash flow to support a payment plan. For more information about housing and foreclosure, please contact Mike Resnick, Esq. at mresnick@legalaidocba.org. For information about the Breakfast of Champions, contact Development Manager, Donna

Haynes at 407-515-1850 or dhaynes@legalaidocba.org. Michael L. Resnick, Esq., is the senior housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1999.

Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE! www.orangecountybar.org/store www.patrickcrowell.com Login for Member Pricing!

Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806

PAGE 30 www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

Legal Aid SocietyGAL Teching Tips continued from page 16

Commercial Litigation

Estate & Gifting

Bankruptcy | Marital Dissolutions Expert Witness Testimony

Diane Womack, Shareholder 390 N. Orange Ave., Suite 1890 | Orlando, FL 32801 ph 407-217-6900 8626 N. Himes Ave. | Tampa, FL 33614 ph 813-936-0313

www.stahlconsulting.com

Please note that parental consent is needed before a student can take an access course. Thankfully for Orange County dependent youth, volunteer attorney GALs keep a watchful eye on a child’s educational progress, leading to walks across graduation stages all across Central Florida. For more information about Florida’s new diploma options, please contact Tenesia Hall, Esq., LAS staff attorney, Guardian ad Litem Department, at tchall@legalaidocba.org or 407-841-8310. For information about how to become a financial donor or help with Legal Aid’s fundraising efforts, please contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or by calling 407-515-1850. Tenesia C. Hall, Esq., Legal Aid Society Program staff attorney, GAL Department, has been a member of the OCBA since 2001.

Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE! You are in business to deliver a valuable service. 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.

www.orangecountybar.org/store Login for Member Pricing!

407-422-4551 x. 244 // amandan@ocbanet.org theBriefs August 2015 Vol. 83 No. 7

www.orangecountybar.org

PAGE 31

TechnologyCommittee fect on January 1, 2015.24 First, the new continued from page 13

commercial website operators feature privacy policies that are not just present to users, but also that are conspicuously posted. CalOPPA has certainly made waves among companies operating in the online space, including the companies that operate the major app stores. As a result of this, companies including Apple, Yahoo, and Google have entered into a joint statement of principles with the California Office of the Attorney General.21 As part of this agreement, the major app platform operators have agreed to undertake a number of efforts to better educate both consumers using apps, as well as app developers, about privacy and CalOPPA compliance.22 The first effort that operators have agreed to undertake is to provide consumers with the opportunity to review an app’s privacy policy before the app is downloaded. Secondly, app store operators have agreed to educate app developers about their privacy obligations under CalOPPA.23 Finally, these companies have agreed to develop tools that would enable consumers to report non-compliant apps. CalOPPA is also of note for attorneys working with clients in the online space because of new amendments that took ef-

requirements include that retailers operating websites include a “delete button” feature that would allow minors who are registered users of the site to request that their information and content posted by such minors be deleted from the site.25 In addition, website operators must provide minors with notice of this ability to request that their information and content be deleted from the site, as well as instructions for doing so.26 Finally, website operators are prohibited from marketing or advertising certain categories of products or services to minors online, including alcoholic beverages, ammunition, dietary supplements, drug paraphernalia, fireworks, handguns, lottery tickets, obscene matter, spray paint, tanning services, and tobacco products.27 Commercial website operators can comply with this latter restriction by either “taking reasonable actions in good faith” to avoid the prohibited marketing or advertising, or by giving notice to the site’s advertising service that the site or application is “directed to minors,” the act of which shifts the burden of compliance from the operator to the advertising service.28 Conclusion While compliance with these online data

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

privacy laws can initially seem daunting, particularly for startup clients, it often comes down to matters of common sense. As the recent enforcements discussed in this article demonstrate, there are often simple steps that website or online service operators can take to make sure they are following the law, such as making sure that the privacy policy is conspicuously posted. As the headlines can attest, online privacy is in the news on a daily basis, and as such, consumers, businesses, and lawmakers will continue to seek out solutions to protect consumers online like COPPA and CalOPPA. Christina N. Scelsi, Esq., is the principal of Scelsi Entertainment and New Media Law, P.L., with offices in Port Charlotte and Orlando, Florida. She is the 2015-2016 chair of the Entertainment, Arts, and Sports Law Section of The Florida Bar. She has been a member of the OCBA since 2011. 1 “Complying with COPPA: Frequently Asked Questions,” https://www.ftc.gov/tips-advice/business-center/guidance/ complying-coppa-frequently-asked-questions#General Questions. 2 Id. 3 Id. 4 Id. 5 Id. 6 “Yelp, TinyCo Settle FTC Charges Their Apps Improperly Collected Children’s Personal Information,” https:// www.ftc.gov/news-events/press-releases/2014/09/yelptinyco-settle-ftc-charges-their-apps-improperly-collected. 7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Id. 13 Id. 14 Smith, Roy, FTC Warns Children’s App Maker BabyBus About Potential COPPA Violations, https://www.ftc.gov/ news-events/press-releases/2014/12/ftc-warns-childrens-app-maker-babybus-about-potential-coppa. 15 Id. 16 Id. 17 Id. 18 Cal. Bus. And Prof. Code. §22575-22579 19 “Attorney General Kamala D. Harris Files Suit Against Delta Airlines for Failure to Comply with California Privacy Law,” available at: https://oag.ca.gov/news/ press-releases/attorney-general-kamala-d-harris-filessuit-against-delta-airlines-failure. 20 Id. 21 “Joint Statement of Principles,” available at: http:// ag.ca.gov/cms_attachments/press/pdfs/n2630_signed_ agreement.pdf? 22 Id. 23 Id. 24 Cal. Bus. and Prof. Code §22580-22582. 25 Id. 26 Id. 27 Id. 28 Id.

407-733-3662 espiesq@aol.com

PAGE 32 www.orangecountybar.org

theBriefs August 2015 Vol. 83 No. 7

Rainmaking

The Ten Commandments of Marketing, Part 2

I Michael Hammond, Esq.

n the last article, we discussed the first five of the “Ten Commandments of Marketing.” In this article we will complete this series by reviewing the last five commandments. Thou Shalt… 6th Commandment: Make three marketing contacts per week! You may recall that the fifth commandment states: “Effective marketing requires effective time management.” Referral-based marketing is a numbers game. Making three marketing contacts per week consistently over time with those referral sources most likely to send you clients will generate business for your firm. Marketing is a system for the continued growth and vitality of your practice. Those three weekly marketing contacts mean you’re getting to know a growing number of referral sources better over time. Those referral sources are then referring a steadily growing number of prospective clients to you. And that’s why effective time management = effective marketing. 7th Commandment: Make a plan and work your plan. Rainmakers succeed at marketing because they have a plan, support, and accountability that ensures execution. Wanting more business for your firm is not a marketing plan. Make a list of your best prospective clients and referral sources and stay in touch regularly to cultivate relationships with them. In other words, stay in action, achieving short-term and intermediate goals to make your “big picture” plan happen. Breakdown your large, long-term goal of finding new business into smaller, more incremental, short-term goals of contacting more referral sources more consistently throughout the year. 8th Commandment: Track your results. If you don’t track marketing results, you won’t know what’s working and what’s not. You need this information to fine-tune and improve your marketing efforts. In the “Inspect What You Expect” series of articles, we outlined eight key marketing metrics that we recommend tracking regularly. Gathering this data will help you focus your marketing efforts and grow your practice intelligently. You need to know whether you are getting your money’s worth out of your advertising; whether your conversion rate from potential to paying clients is strong; what percentage of your prospective clients are unqualified; whether your website is pulling in potential clients; and what percentage of your referrals come from past clients.

theBriefs August 2015 Vol. 83 No. 7

9th Commandment: Be a rainmaker or serve someone else who is. You’ve seen them at bar events, cocktail parties, or charity functions: stereotypical rainmakers, brimming with confidence, radiate such charm that people are naturally drawn to them. As you watched them work the room, the picture of someone who is at his or her best in all social situations became your ideal of the perfect rainmaker. When asked to market yourself you might feel apprehensive because you don’t believe you are a natural. Are you doomed to always work for those who can make it rain? We believe everybody can develop clients even if he or she doesn’t have the personality we normally associate with the stereotypical rainmaker. In our experience, there are as many different ways to market as there are attorneys. The key is to identify and play to your own strengths by reconnecting with your hobbies, passions, and interests both inside and outside the practice of law – they bring out the best in you. Create a focus for your marketing that inspires you and fits your personality, whether it’s sports, music, cooking, or a charitable cause. Do what you enjoy, share it with other people, and relationships and business will follow. 10th Commandment: Never, ever stop marketing! We always advise lawyers to “never stop marketing.” This tenth commandment naturally conflicts with the tendency of many lawyers to fill their time practicing law when they’re busy and ignore marketing until they need more work. This “feast or famine” approach increases stress, decreases financial stability, and damages referral sources. Being “on again, off again” with referral sources can poison the well by creating the impression that you only contact them when you need business and that your relationship is not based upon sincerity or trust. The truth is, that even if you’re the best lawyer you know, all of that technical skill and professional expertise means nothing without clients who need your services. The viability of your practice depends upon your ability to generate a steady stream of new business. Client development is one of the highest and best uses of your time, so never, ever stop marketing! Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.

www.orangecountybar.org

PAGE 33

New Members Attorneys

Matthew R. GROSS

Adam B. PERRY

Nancy L. CLARK

Stephen G. ANDERSON

Lynn J. HINSON

Hatthalay T. PHETSANGHORE

Alberta L. GIBBS

Marisa ATHERLEY

Sabrina JADUNANDAN

Erin N. PRETE

Vanessa R. GUERRA

Arthur J.R. BAKER

Paul W. JEZIERNY

Matthew H. ROSENTHAL

Vanessa L. PIERCE

Stefano BATISTA CAGAN

Joseph P. KELLY

Ryan S. SAWYER

Iris F. WALKER

Iana D. BENJAMIN

Mary H. MASTERTON

Andrew M. SHALNA

Rene BOONE

Jordan L. MATHENY

Chris R. THOMPSON

Law Students

Tiffany CAPARAS

Christi L. MCCULLARS

Basil VALDIVIA

Roger S. CHANCE

Zea R. MCDONNOUGH

Peter F. VALORI

Katlin C. CRAVATTA

Dugald R. MCMILLIAN

David A. YOUNG

Janelle CREME

Charles J. MELTZ

Bryan A. DANGLER

Brian E. MILLER

Affiliates

Bryce J. DAVIS

Jordan M. OSTROFF

Joshua DAY

Brittany N. O’NEIL

Brandon T. BERRY Patrice MORGAN DeShayla M. STRACHAN

Paralegal Student Pamela J. GLOVER

Robin F. BUDNICK Michele K. CARROLL

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. Adoption, Surrogacy and Family Law Firm, P.A. Alladi & Patel

Fisher Rushmer, P.A. Frank A. Hamner, P.A.

McMichen, Cinami & Demps PLLC

McDonald Toole Wiggins, P.A.

The Arnold Law Group

Allen, Norton & Blue, P.A.

Frank Family Law Practice

McMillen Law Firm, P.A.

The Brennan Law Firm

The Aikin Family Law Group

Amy E. Goodblatt, P.A.

Giles & Robinson, P.A.

McShane & McShane Law Firm, P.A.

The Dill Law Group

Anderson & Ferrin, Attorneys at Law, P.A.

Grossman & Grossman P.A.

Men’s Divorce Law Firm

The Draves Law Firm, P.A.

Banker Lopez Gassler P.A.

Harris, Harris, Bauerle & Sharma

Mooney Colvin, P.L.

The Elder Law Center of Kirson & Fuller

Benitez Law Group, P.L.

Higley & Szabo, P.A.

Morgan, White-Davis & Martinez, P.A.

The Johnston Law Firm

Beshara, P.A.

Hilyard, Bogan & Palmer, P.A.

Murrah, Doyle, Wigle & Torre P.A.

The Law Offices of Terry Bledsoe

Billings, Morgan & Boatwright, LLC

Hornsby Law

N. Diane Holmes, P.A.

The Llabona Law Group

Bodiford Law Group

Infocus Family Law Firm, P.L.

Neduchal & Magee, P.A.

The Marks Law Firm

Bonus McCabe Law Firm

James H. Monroe, P.A.

Nishad Khan, P.L.

The Skambis Law Firm

Bull and Associates, P.A.

Jill S. Schwartz & Associates, P.A.

O’Mara Law Group

The Smith Family Law Firm, P.A.

Burr & Forman

Keating & Schlitt, P.A.

Ossinsky & Cathcart, P.A.

Walton Lantaff Schroeder & Carson, LLP

Calandrino Law Firm, P.A.

King, Blackwell, Zehnder & Wermuth, P.A.

Palumbo & Bertrand, P.A.

Warner & Warner, P.L.

Camy B. Schwam Wilcox, P.A.

Korshak & Associates, P.A.

Pierce & Associates, P.L.

West, Green & Associates, P.L.

Carr Law Firm, P.A.

Kosto & Rotella, P.A.

Provencher & Simmons, P.A.

Wicker, Smith, O’Hara, et al.

Chaires, Brooderson & Guerrero, P.L.

Law Offices of Brent C. Miller, P.A.

Ringer Henry Buckley & Seacord, P.A.

Wieland, Hilado & DeLattre, P.A.

Cole, Scott & Kissane, P.A.

Law Offices of Tad Yates, P.A.

Sawyer & Sawyer, P.A.

William G. Osborne, P.A.

Colling Gilbert Wright & Carter, LLC

Law Offices of Walter F. Benenati

SeifertMiller, LLC

Wilson McCoy, P.A.

Cullen & Hemphill, P.A.

Lawyer Today.Com

Snure & Ponall, P.A.

Winderweedle, Haines, et al.

DeCiccio & Johnson

Legal Aid Society of OCBA

Southern Trial Counsel

Wolf, Hill, McFarlin & Herron, P.A.

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Lewis & Crichton

Stanton & Gasdick, P.A.

Wooten Kimbrough, P.A.

Lynn B. Aust, P.L.

Stovash, Case & Tingley

Yergey & Yergey, P.A.

Dewitt Law Firm

Marcus & Myers, P.A.

Swann Hadley Stump Dietrich & Spears, P.A.

Faddis & Faddis, P.A.

Marshall, Dennehey, Wamer,

Tangel-Rodriguez & Associates

Fassett, Anthony & Taylor, P.A

Coleman & Goggin