Orange County Bar Association - The Briefs - August 2011

A Publication of the Orange County

Bar Association

Inside this Issue:

August 2011 Vol. 79 No. 8

President’s Message Professionalism – We Can’t Talk Enough About It Thomas A. Zehnder

Family Law Committee Practical Considerations in Establishing Support for Children Beyond the Age of Majority Erin F. Duncan

OCBA August Luncheon Bill Sublette Chair, Orange County School Board

Intellectual Property Committee Have You Talked to Your Clients About Google Adwords®?

Ryan T. Santurri

“I spend my time working on my cases, not my banking.”

If you’re taking too much time away from your practice to manage your banking, contact an M&I Banker.

Preferred Banking Institution and Proud Sponsor of the Orange County Bar Association

Your banker will help you make knowledgeable financial decisions about cash flow, remote deposit capture, business checking and more.

We can also help you manage your personal finances, too.

Contact us today.

Christopher Dale Preferred Banker 407-513-9590 Orlando

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Banking deposit and loan products and services are provided by BMO Harris Bank N.A., Member FDIC, and are subject to bank/credit approval. M&I® is a trade name used by BMO Harris Bank N.A. and its affiliates. ©2011 BMO Financial Corp., All Rights Reserved.

11-301-053

Mark your calendar Legal Aid Society of the Orange County Bar Association, Inc. presents TUESDAYS 12:00 p.m.-1:30 p.m.

Comerica Bank

111 North Magnolia Avenue, Suite 1000 10th Floor, Corner of Magnolia and Washington

September 27

Mental Health Disorders in Children (GAL topic) Speaker: Jennifer Schmidt, GAL Case Coordinator CLE Applied for

October 4

Orlando, FL 32801

August 9

Basic Dissolution of Marriage with Children for Pro Bono Attorneys – Follow-up (Part 2) Speaker: Angel Bello-Billini, Attorney at Law CLE Applied for

August 23

The Foster Care System and Teen Parents (GAL topic) Speakers: Doris Mackey, GAL Case Coordinator Cara Dobrev, Attorney at Law CLE Applied for

September 13

Public Benefits Speaker: Edward Dimayuga, Attorney at Law CLE Applied for

Temporary Custody of Minor Children Using Chapter 751 to Obtain Custody by a Family Member: The Advantages, Limits and Practical Issues Speakers: William Davis, Attorney at Law Catherine Tucker, Attorney at Law CLE Applied for

October 18

Children’s Developmental and Medical Issues and Services in Orange County (GAL topic) Speaker: Ericka Garcia, Attorney at Law CLE Applied for

November 1

Landlord Tenant Law Update Speakers: Larri Thatcher, Attorney at Law Michael Resnick, Attorney at Law CLE Applied for

December 6

Immigration Speaker: Charles Conroy, Attorney at Law CLE Applied for

For OCBA members, the training is free. For non-OCBA members participating in the LAS pro bono program, the training is free. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered).

For more information, please email: ctucker@legalaidocba.org or mcarbo@ legalaidocba.org or merazmus@legalaidocba.org.

PARKING WILL BE VALIDATED THE DAY OF TRAINING. WE WILL NOT REIMBURSE PARKING VOUCHERS.

For more information, please contact Cathy Tucker at ctucker@legalaidocba.org; Marilyn Carbo at mcarbo@legalaidocba.org; or Michelle Erazmus at merazmus@legalaidocba.org.

the Briefs August 2011 Vol. 79 No. 8

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the Briefs

Contents 3

President’s Message Professionalism – We Can’t Talk Enough About It Thomas A. Zehnder

5

OCBA August Luncheon Bill Sublette Chair, Orange County School Board

6

Intellectual Property Committee Have You Talked to Your Clients about Google Adwords®? Part I Ryan T. Santurri, Esquire

7

2011-2012 Young Lawyers Section Officers & Board 2011-2012 Paralegal Section Officers & Board

10

Michael K. Reese Quality of Life Award

13

Legal Aid Society What We Do...

Through Martha’s Eyes Donna A. Haynes

14

Improving Civil Mediation Practice and the Case for Mediation Optimization Orders David W. Henry

©2011

18

Family Law Committee Practical Considerations in Establishing Support for Children Beyond the Age of Majority Erin F. Duncan

Co-Editors Allison C. McMillen & Suzanne D. Meehle Associate Editors Nick Dancaescu & Diana M. Serrano Side Bar Columnist Sunny Lim Hillary

20

Lawyers for Literacy A Call to Words Daryl P. Gottlieb

YLS Columnist Jacquelynne J. Regan w

22

OFFICERS Thomas A. Zehnder, President Kristyne E. Kennedy, President-Elect Paul J. Scheck, Treasurer Nicholas A. Shannin, Secretary

YLS on the Move Jacquelynne J. Regan

24

SideBar Sunny L. Hillary

w EXECUTIVE COUNCIL Wiley S. Boston Mary Ann Etzler Elizabeth F. McCausland Nichole M. Mooney Jamie Billotte Moses Eric C. Reed Gary S. Salzman William D. Umansky William C. Vose Kimberly D. Webb Esther M. Whitehead Frank M. Bedell, Ex Officio LaShawnda K. Jackson, YLS President

26

Paralegal Post How I Became a Paralegal Phillip L. Gordin, FRP

28

Presentation Skills for Lawyers “You Never Get a Second Chance…”

Harnessing the Power of Primacy Elliott Wilcox

36

Rainmaking Are Your Marketing Efforts Turning to Dollars?

Mark Powers & Shawn McNalis

w EXECUTIVE DIRECTOR Brant S. Bittner

39

Announcements

16

Foundation News Inspiring Young Minds at the Boys and Girls Clubs’ Summer Zone Program Judge Antoinette D. Plogstedt Richard S. Dellinger

w

40

Communications Manager Peggy Storch

New Members

43

Marketing Manager Mente Piccoli

Classifieds

44

Marketing Assistant William M. Remensnyder

Calendar

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 ©2011 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hebert Cover photo: MorgueFile.com ISSN 1947-3968

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

407-841-8310 407-423-5732 407-422-4551 407-422-4537 407-422-4551 407-422-4551

the Briefs August 2011 Vol. 79 No. 8

President’sMessage

August 2011 I Thomas A. Zehnder

the Briefs August 2011 Vol. 79 No. 8

Professionalism – We Can’t Talk Enough About It

n June, I had the great privilege of participating in a seminar on ethics and professionalism co-hosted by the OCBA’s Professionalism, Business Law, and Appellate Law Committees.

The seminar was attended by a diverse group of over 80 individuals, including both federal and state court judges, as well as attorneys from nearly every practice area you can think of: appellate, alternative dispute resolution, plaintiff’s personal injury, insurance defense, bankruptcy, family law, construction law, and commercial litigation, to name a few.

Organized in large part by OCBA member Jim Edwards, current chair of the OCBA’s Professionalism Committee, the seminar was entitled “War and Peace: Negotiating Battles and Peace Treaties in ADR, Business Litigation, Appellate Courts, and the Legislature,” and will no doubt be remembered as one of this year’s most successful events. It was designed to give participants, among other things, insight on how to deal with difficult ethical issues and professional challenges that sometimes confront us in the practice of law... and it certainly delivered.

My small role in the seminar was to form a panel that would facilitate a discussion about tough situations we often encounter outside the courtroom and the necessity of handling those situations with the same professionalism we exhibit when we are in the courtroom. I was fortunate to be joined on the panel by Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award recipients: Penelope Perez-Kelly, Elizabeth McCausland, and Heather Pinder Rodriguez.

Penelope, Liz, and Heather were excellent, as expected (thanks again, guys!). But, what I enjoyed most about the experience was the tremendous feedback from the attendees. Here we were, the last panel of the day, and on a Friday afternoon to boot. I confess I was concerned about that and wondered whether we would be facing a tired bunch looking to wrap things up. Heck, I was tired, and I hadn’t been at the seminar all day!

But it turned out my fears were unfounded. Instead, the discussion was lively, as folks shared their experiences and offered great, practical advice, like how to set the tone for, and an expectation of, professionalism at the outset of a case; how to diffuse a volatile situation in a deposition that might otherwise get out of control; and how we should all apply the “Exhibit A Test” before we send out that strongly-worded e-mail. (For

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those of you who may not have heard of the “Exhibit A Test,” it provides a helpful governor for conduct you might later regret. The next time you find yourself writing an aggressive communication – even one you wholeheartedly believe is warranted and appropriate – picture what that communication would look like if it is attached as “Exhibit A” to a motion. In today’s age of instant communication via e-mail and text – where people seem to write things they would never put in a letter, or say on the telephone, or certainly say to another’s face – the “Exhibit A Test” can be a valuable tool.)

It is such a great thing when lawyers get together and talk about professionalism. I think it is lawyers at their very best. It reminds us all about the sanctity of the law and the great responsibility we have to maintain high ethical and professional standards while we practice our craft.

Frankly, I should have known better than to be concerned about facing a disinterested group.

One of the things that makes the OCBA so special is our members’ recognition of the importance of professionalism. Indeed, professionalism represents the very foundation of the OCBA, which all starts with the members of our outstanding judiciary who display in their hearing rooms and courtrooms the placard “Professionalism Demands Courtesy.”

I’m very proud of our organization’s commitment to professionalism, and of our members, who turned out in force to share their views and ideas about how we can continue to maintain the behavioral standards our noble profession demands.

I hope those of you who couldn’t make it to the seminar can join us the next time we get together to discuss professionalism. In my view, we can’t talk enough about it.

In closing, I leave you with one of my favorite comments on professionalism, which I believe captures the spirit of the War and Peace seminar and serves as a great reminder to all of us: As lawyers and judges, we live out who we are by our actions. Professionalism is not something to don at the office or take off with our suits and our robes; our behavior continuously demonstrates who we are. We can improve our own lives and spirits, those of our clients, opposing counsel and parties and the community as a whole, if we simply rememcontinued page 4

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President’sMessage continued from page 3

ber that our part in the system gives us tremendous power, to make life better for every citizen..... If every lawyer and judge...would analyze every action she or he takes in light of the goal of ensuring that the system works fairly and efficiently for everyone, questions about professionalism would simply disappear – and tremendous good would result for our community.1 Thomas A. Zehnder, is a partner with King, Blackwell, Downs & Zehnder, P.A. He has been a member of the OCBA since 1995.

Wallace P. Carson, Jr. and Barrie J. Herbold, Why “Kill All the Lawyers”?, 59 Or. St. B. Bull. 9, 12 (Jan. 1999).

1

Quality.

Experience.

Integrity.

That’s us in a...

...well, you know.

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the Briefs August 2011 Vol. 79 No. 8

OCBA LuncheonThursday, July 28, 2011 Bill Sublette Chair, Orange County School Board

A

n attorney by profession, Bill Sublette earned his J.D. and bachelor’s degree from the University of Florida. After graduating from law school in 1988, Bill moved to Orlando. In 1992, he won a seat in the Florida House of Representatives, where he served for eight years. During his time in the Legislature, he filled a variety of leadership positions, including stints as Chairman of the Education Appropriations Committee, Chairman of the House Public Responsibility Council, and Chairman of the Orange County Legislative Delegation.

Bill Sublette

Since leaving the Legislature, Bill has served as Chairman of the Orange County Jail Oversight Commission and has acted as president or chair of a number of community organizations, including public broadcaster WMFE, the Orange County Bar Association, the local American Cancer Society unit, and the Central Florida Council of the Boy Scouts of America. Bill has also been a tireless advocate for children’s issues. For years he served on, and chaired, the Howard Phillips Center for Children and Families Community Advisory Board. Bill currently serves as the statewide chair of the Children’s Campaign 5 Promises to Children initiative, sits on the Governor’s

Blueprint Commission for Juvenile Justice, and is on the state board of the Pace Centers for Girls.

Throughout his career, Bill has worked to improve the quality of our public schools. His three children attend the Blankner School, a public K-8 school, where he has served as President of the Blankner School Foundation and served on the School Advisory Committee. In 2003, Mayor Dyer and the City of Orlando called on Bill to serve as Chair of the Mayor’s Education Action Council. In 2004, he was asked by the Orange County School Board, the City of Orlando, and Orange County government to chair the Blue Ribbon Panel on Education, a group of 25 community leaders charged with studying the Orange County public school system and making recommendations for its improvement. In 2010, he became the first countywide elected Chair of the Orange County School Board.

Bill is a member of the First Presbyterian Church of Orlando. He and his wife Suzie have three children: Alex (12), Aubrey (8), and Jack (7).

Sponsored by:

Marsh U.S. Consumer, a service of Seabury & Smith, Inc.

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Intellectual PropertyCommittee

M Ryan T. Santurri, Esquire

PAGE 6

Have You Talked to Your Clients about Google Adwords®? Part I

ost businesses recognize the value of using Google’s “Adwords®” service (or similar services offered by Bing, Yahoo, and others) to elevate traffic to their website by targeting customers seeking particular goods or services.1 For a fee, businesses can purchase various Google Adwords® that trigger sponsored links when an Internet user enters a particular search term. By way of example, an automobile tire manufacturer might purchase the Google Adwords® “new tires.”

When a user enters “new tires” into Google’s search engine, a link to the tire manufacturer’s website would then appear in an advertising or “sponsored link” section near the search results.

This is a common and legitimate technique for any company that uses web advertising. But what if the same tire manufacturer also buys Google Adwords® that include the trademarks of its competitors?

Trademark infringement traditionally consists of using the trademarks of another to promote one’s own products or services in a manner which is likely to confuse consumers. A classic example is seen in AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979), where the Ninth Circuit held that the defendant’s sale of boats under the name “Sleekcraft” infringed the “Slickcraft” trademark owned by the plaintiff for use on its boats.2 In contrast, when an Internet user enters a trademark into a search engine, the trademark may trigger search results or a sponsored ad, but the trademark itself may never be visually displayed to the user in the competitor’s sponsored results or ads. To better address trademark infringement in Internet advertising, courts initially considered whether the use of another’s trademark, where the use was invisible to the consumer, was “use in commerce” as defined by the Lanham Act. Most jurisdictions to consider the issue have determined that using another’s trademarks as a keyword in Internet searches is actionable. However, even if a court determines that such “invisible” uses of another’s trademarks are actionable, the trademark owner must still prove that the competitor’s use of the trademark is likely to confuse consumers. If your client uses Internet advertising, you should have an understanding of how the courts are currently addressing these issues. This article considers how the courts have addressed Google Adwords® (and similar products) as a “use in commerce” in the context of the Lanham Act, and whether that use is likely to cause consumer confusion.

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Initial Decisions Create a Perceived Split in Authority Initial decisions regarding non-traditional uses of a trademark to generate website traffic focused primarily on the use of metatags, which are embedded words or phrases that can be used by Internet search engines for a variety of purposes, including page rankings and descriptions. In the landmark case of Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F.3d 1036, 1065 (9th Cir. 1999), the Ninth Circuit held that the use of a metatag containing “any term confusingly similar with” another’s trademark is actionable under the Lanham Act. In contrast, the Second Circuit’s decision in 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005), which considered the use of website addresses, distinguished its holding from those decisions directed towards metatags.

The 1-800 Contacts decision was one of several cases involving the same defendant, WhenU.com, Inc., and its software application “SaveNow.” The SaveNow software used a proprietary internal database that included numerous website addresses, some of which incorporated trademarks (or terms that were nearly identical to trademarks) owned by other entities.3 Based on a user’s entries into a web browser or Internet search engine, the SaveNow software referenced its internal database and generated pop-up ads related to the computer user’s entries.4 Importantly, WhenU.com’s advertising clients only purchased ads in general categories, they were not able to select and purchase specific keywords or specific competitors’ trademarks.5 The Second Circuit held that WhenU.com’s use of website addresses (which may or may not contain another entity’s trademark) was not a use in commerce.6 The Second Circuit distinguished the SaveNow software from cases related to “metatags” (e.g., Brookfield Communications) on the grounds that the use of pop-up ads does not divert or misdirect consumers.7 The Second Circuit in 1-800 Contacts cited two other cases where district courts applied similar logic in the context of WhenU.com’s software: Wells Fargo & Co. v. WhenU.com, Inc., 293 F. Supp. 2d 734 (E.D. Mich. 2003) and U-Haul Int’l, Inc. v. WhenU.com, Inc., 279 F. Supp. 2d 723 (E.D. Va. 2003). Like the 1-800 Contacts decision, the court in Wells Fargo found that using plaintiff’s trademark in a proprietary directory of keywords was not a “use in commerce” for purposcontinued page 8

the Briefs August 2011 Vol. 79 No. 8

2011-2012Young Lawyers Section Officers & Board Officers

LaShawnda K. Jackson

President Rumberger, Kirk & Caldwell, P.A. 300 S. Orange Ave., Ste. 1400 Orlando FL 32801 407-872-7300 ljackson@rumberger.com

Anthony F. Sos

Vice President/President-Elect Dellecker, Wilson, King, McKenna & Ruffier, LLP 719 Vassar St. Orlando, FL 32804 407-244-3000 asos@dwklaw.com

Lauren F. Carmody

Treasurer Rumberger, Kirk & Caldwell, P.A. 300 S. Orange Ave., Ste. 1400 Orlando, FL 32801 407-839-2120 lcarmody@rumberger.com

Sunny L. Hillary

Secretary Hillary, P.A. 605 E. Robinson St., Ste. 330 Orlando, FL 32801 407-272-5488 sunny@hillarylaw.com

Jacquelynne J. Regan

Communications Coordinator Lowndes, Drosdick, Doster, Kantor and Reed, P.A. 450 S. Orange Ave., St. 800 Orlando, FL 32801 407-843-4600 reganjj@lowndes-law.com

Eric C. Reed

Immediate Past President Shutts & Bowen, LLP 300 S. Orange Ave., Ste. 1000 Orlando, FL 32801 407-835-6790 ereed@shutts.com

Board Members Amber Neilson Davis

Daryl P. Gottlieb

Beusse, Wolter, Sanks, Mora & Marie, P.A.

Chelsie J. Flynn

W. Doug Martin

Fisher, Rushmer, Werrenrath, Dickson, Talley and Dunlap, P.A.

Dellecker, Wilson, King, McKenna & Ruffier, LLP

Lauren Heatwole

Marshall, Dennehey, Warner, Coleman & Goggin

Taylor C. Kessel

Latham, Shuker, Eden & Beaudine, LLP

Ford & Harrison, LLP

Chanel A. Mosley

Morgan & Morgan, P.A.

Melanie S. Griffin

Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A.

Jonathan A. Stimler

Ruth’s Hospitality Group

Kristopher J. Kest

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

2011-2012Paralegal Section Officers & Board Officers

Amy M. Guy, CP, FRP

Michelle G. Krakar, FRP

President Calandrino Law Firm, P.A. 301 E. Pine St., Ste. 950 Orlando, FL 32801 407-601-4905 amy@floridabusinesslaw.com

Vice President/President-Elect Roetzel & Andress, LPA 420 S. Orange Ave. CNL Center II, 7th Flr. Orlando, FL 32801 407-245-2447 mkrakar@ralaw.com

Board Members Cynthia A. Dahlman, CP, FRP GrayRobinson, P.A.

Phillip L. Gordin, FRP

Treasurer/Secretary GrayRobinson, P.A. 301 E. Pine St., Ste. 1400 Orlando, FL 32801 407-843-8880 pgordin@gray-robinson.com

Lissa Bealke-Moore, FRP Immediate Past President GrayRobinson, P.A. 301 E. Pine St., Ste., 1400 Orlando, FL 32801 407-843-8880 lbealke@gray-robinson.com

Special Board Appointee Catrina M. Chapin

Roetzel & Andress, LPA

Risa E. Harrell, FRP

Marlowe & Weatherford, P.A.

Christine M. Stram, FRP Broad & Cassel

Genti Zeqo

the Briefs August 2011 Vol. 79 No. 8

 

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Intellectual PropertyCommittee continued from page 6

of the Lanham Act.8 Of particular importance to the Wells Fargo Court was the fact that the plaintiff’s trademark was not visible (or known) to a consumer. 9 Similarly, in U-Haul Int’l, the court concluded that the defendant’s use of the plaintiff’s trademark in its software database was a “pure machine-linking function” (i.e., a mechanism for cataloging Internet addresses), and therefore was not a “use in commerce” under the Lanham Act.10 The Second Circuit Clarifies its Prior Holding Several courts subsequently interpreted the WhenU.com line of cases as to mean that the use of Google’s Adwords® program was not actionable. For example, several district courts in the Second Circuit held that including a trademark in an internal computer directory cannot constitute trademark use.11 However, these decisions appear to have read the 1-800 Contacts decision as suggesting that a website could never be a trademark—an interpretation that the Second Circuit sought to correct in its subsequent decision relating specifically to Google’s Adwords® program.

In Rescuecom Corp. v. Google, Inc., 562 F.3d 123 (2d Cir. 2009), the Second Circuit reversed the dismissal of an action brought against Google based on its Adwords® program.12 The Second Circuit noted that allowing advertisers to pay to appear at the top of the search results based on a competitor’s trademark “would be highly likely to cause consumer confusion.”13 The facts were distinguishable from the WhenU.com decisions, “where the defendant did not ‘use or display,’ much less sell, trademarks as search terms to its advertisers.”14 The Second Circuit also provided a lengthy appendix discussing its 1-800 Contacts decision and a historical analysis of “use in commerce” under the Lanham Act.15 Ultimately, the Second Circuit held that a Google Adwords® program does make use of trademarks in commerce, as the service allows trademarks to be purchased for use in Internet advertising.16 The Rescuecom decision brought the Second Circuit in line with several other circuits that have addressed the use of Google Adwords® in the context of the Lanham Act. For example, in Australian Gold, Inc. v. Hatfield, 436 F.3d 1228, 1233 (10th Cir. 2006), the court considered the use of a program similar to Google’s Adwords®, where defendants paid for “premium placement” in an Internet search if the plaintiffs’ trademark was entered. The Tenth Circuit held that purchasing the plaintiffs’ trademarks for Internet searches was an “attempt PAGE 8

to divert traffic” to the defendants’ websites and was actionable under the Lanham Act.17 Recently, the Ninth Circuit echoed the Second Circuit’s holding that use of a search engine keyword is a use in commerce under the Lanham Act in Network Automation, Inc. v. Advanced Systems Concepts, Inc., 638 F. 3d 1137, 1145 (9th Cir. 2011). Similarly, in 800-JR Cigar, Inc. v. GoTo.com, Inc., 437 F. Supp. 2d 273, 278 (D.N.J. 2006), the district court concluded that the sale of competitors’ trademarks by “pay-for-priority” search engines was actionable under the Lanham Act.18 In Edina Realty, Inc. v.

TheMLSonline.com, 2006 U.S. Dist. LEXIS 13775, *10 (D. Minn. Mar. 20, 2006), the district court held that the purchase of search terms with a competitor’s trademark is a use in commerce.19 The Eleventh Circuit has not specifically addressed whether Google Adwords® are a use in commerce. However, in North American Medical Corp. v. Axiom Worldwide, Inc., 522 F.3d 1211, 1220 (11th Cir. 2008), the Eleventh Circuit held that the use of metatags constitutes a use in commerce. In this decision (which predated the Rescuecom decision from the Second Circuit), the Eleventh Circuit specifically distinguished the facts present in Axiom from those of 1-800 Contacts, and took exception to the notion that there must be a “display” of the plaintiff’s trademark to constitute use in commerce.20 The Eleventh Circuit held that it was “absolutely clear” that using plaintiff’s “two trademarks as meta tags as part of its effort to promote and advertise its products on the Internet” was use in commerce.21 Under analogous reasoning, the use of Google Adwords® would likewise be a use in commerce.22 Part II of this article will appear in September’s issue of The Briefs.

Ryan T. Santurri is a shareholder at the law firm of Allen, Dyer, Doppelt, Milbrath and Gilchrist P.A. He served as the 2010-2011 chairperson for the IP committee and has been a member of the OCBA since 2006.

See, for example, http://www.google.com/adwords.

See Sleekcraft, 599 F.2d at 354.

3 1-800 Contacts, 414 F.3d at 404.

4 See id.

5 See id. at 409.

6 See id. at 409.

7 See 1-800 Contacts, 414 F.3d at 411-412.

8 See Wells Fargo, 293 F. Supp. 2d at 757-64.

9 Id. at 759-761.

10 U-Haul Int’l, 279 F. Supp. 2d at 728 (internal quotation marks omitted).

11 See, e.g., S&L Vitamins, Inc. v. Australian Gold, Inc., 521 F. Supp. 2d 188, 199-202 (E.D.N.Y. 2007); Merck & Co. v. Mediplan Health Consulting, Inc., 425 F. Supp.

2d 402, 415 (S.D.N.Y. 2006).

12 See Rescuecom, 562 F.3d at 124.

13 See id. at 130, n. 4.

14 See id. at. 129.

15 See id. 131-141.

16 See id. at 129.

17 See id. at 1239; see also Playboy Enterprises, Inc. v.

Netscape Communications Corp., 354 F.3d 1020, 102526 (9th Cir. 2004).

18 See also Buying for the Home, LLC v. Humble Abode, LLC, 459 F. Supp. 2d 310, 323 (D.N.J. 2006)(the purchase of a competitor’s mark is use in commerce, as the competitor’s trademark is used for “the promotion of Defendants’ goods and retail services…”).

19 See also Transamerica Corp. v. Moniker Online Services, LLC, 672 F. Supp. 2d 1353, 1362 (S.D. Fla. 2009); Hysitron Inc. v. MTS Systems Corp., 2008 U.S. Dist. LEXIS 58378, *7-8 (D. Minn. Aug. 1, 2008); Google Inc. v.

American Blind & Wallpaper Factory, Inc., 2007 U.S. Dist. LEXIS 32450, *21 (N.D. Cal. Apr. 18, 2007); Government Employees Insurance Co. v. Google, Inc., 330 F. Supp. 2d 700, 703 (E.D. Va. 2004); but see Rosetta Stone Ltd. v. Google, Inc., 730 F. Supp. 2d 531, 545-546 (E.D. Va. 2010)(finding that the functionality doctrine barred Google’s liability, as keywords serve “an essential indexing function.”).

20 See Axiom, 522 F.3d at 1219-20.

21 See id. at 1219.

22 But see Southern Grouts & Mortars, Inc. v. 3M Co., 2008 U.S. Dist. LEXIS 70222, *32, n. 11 (S.D. Fla. Sept. 17, 2008)(metatags qualifying as use in commerce “is not the same as saying that the purchase of ad words which result in sponsored links will necessarily constitute ‘use in commerce’”), aff’d, Southern Grouts & Mortars, Inc. v. 3M Co., 575 F.3d 1235, 1251 (11th Cir. 2009)(the court chose not to address whether Adwords® were a use in commerce because the issue was not properly before the court).

1 2

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the Briefs August 2011 Vol. 79 No. 8

Urgent Litigation, Limited Court Access?

Appoint a Special Master.

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SpecialRecognition

E

Michael K. Reese Quality of Life Award

ach year, the Orange County Bar Association’s Young Lawyers Section nominates a local law firm, entity or person for the Michael K. Reese Quality of Life Award. The Michael K. Reese Quality of Life Award is a statewide award that is given out by the Young Lawyers Division (YLD) of The Florida Bar each year. The award recognizes a person or entity that, through humanitarian respect, advances balance and fulfillment in lawyers’ lives by redefining current work habits and schedules to provide more flexibility and a more meaningful existence.

This year, Beusse Wolter Sanks Mora & Maire, P.A. (BWSMM), a local boutique intellectual property law firm, was awarded the Michael K. Reese Quality of Life Award at the 2011 Annual Florida Bar Convention. Accepting the award on behalf of the firm was Terry Sanks, managing partner, and Amber Davis, an associate and YLS Board Member, who encouraged the YLS to nominate BWSMM for this prestigious award. It was not hard, however, to sway the YLS’ decision after hearing of the tremendous support Amber received from her law firm after returning from maternity leave. Not only was she given the opportunity to work part time from home and/or take more time off if needed, but a partner even offered to convert an empty office into a nursery. BWSMM is supportive of Amber and other associates’ involvement in local bar and community activities and has sponsored such activities in the past.

After reviewing all the nominations, the YLD unanimously selected BWSMM for the award because of its healthy and positive environment for young lawyers and for setting

the standard for law offices across the state. BWSMM was recognized for maintaining a family-oriented atmosphere by instituting a cutting-edge, employee-first program that includes flexible schedules, an opportunity to work in the office or at home, no pressure to meet billable hour requirements, encouragement to participate in community and bar-related activities, a strong mentorship program, competitive benefits, vacation time, and maternity leave.

Balancing work and family life always seems to be an obstacle for lawyers, especially young lawyers with the goal of making partner one day. BWSMM understands that balance in the lives of their lawyers will enhance their quality of life and ultimately make them more productive employees at the office. As a result of BSWMM’s acknowledgement of the importance and commitment to work-life balance, BSWMM associates and staff are afforded every opportunity to succeed in every sense of the word.

BWSMM focuses its legal representation in all areas of intellectual property law, including patents, trademarks, copyrights, related litigation and business matters.

Terry Sanks and Amber Neilson Davis of Beusse Wolter Sanks Mora & Maire, P.A., and Renee Thompson, President of the Florida Bar YLD (at time of photo)

PAGE 10

www.orangecountybar.org

the Briefs August 2011 Vol. 79 No. 8

THE HEALTH LAW FIRM

MAIN OFFICE • 1101 DOUGLAS AVENUE • ALTAMONTE SPRINGS, FL 32714 TELEPHONE: (407) 331-6620 • (850) 439-1001 • TELEFAX: (407) 331-3030 BRANCH OFFICE • 37 N. ORANGE AVE., STE. 500 • ORLANDO, FL 32801 BRANCH OFFICE • 201 E. GOVERNMENT STREET • PENSACOLA, FL 32501 WEBSITES • WWW.THEHEALTHLAWFIRM.COM • WWW.HEALTHATTORNEYS.COM

REPRESENTATION OF HEALTH PROFESSIONALS Available to accept referrals, consult or co-counsel on cases involving physicians, nurses, health professionals or health facilities. Referral fees paid in appropriate cases.

• Medicare/Medicaid Audit Defense

• Pain Management Clinic Representation

• Pain Management Physician Defense

• Medical Malpractice Defense

• DOH/AHCA Investigations

• Insurance Audit Defense

• ZPIC & RAC Audits

• Search Warrant Representation

• Administrative Hearings • Medicare/Medicaid Fraud Defense • Professional Licensing • Medical Board Cases • Subpoena Defense • Office Leases • National Practitioner Data Bank

GEORGE F. INDEST III, MICHAEL L. SMITH, J.D., R.R.T. J.D., M.P.A., LL.M. • Over 25 Years legal experience • LL.M. from George Washington University • Admitted in Florida, Louisiana and D.C. • Board Certified by the Florida Bar in Health Law

• • • • •

B.S., Nova Southeastern University J.D., Stetson Univ. College of Law Registered Respiratory Therapist Licensed in Florida Board Certified by the Florida Bar in Health Law

• Petitions for Waiver or Variance • Medicaid Fraud Control Unit (MFCU) Defense • Utilization Review Defense • Preparation/Litigation of Physician Contracts • Nursing Board Cases

• Hospital Credentials Hearings

• Appeal of Emergency Suspension Orders (ESOS)

• Physician Contracts

• Corporations, LLC’s, Partnership and other Business Entities

• Partnership Dissolutions • Covenants not to Compete

• Sales/Purchases of Medical Practices

• Commercial Litigation

• Peer Review Defense

• Corporate Law

• Physican’s Personal Counsel

• Medicaid Appeal Hearings • Disciplinary Proceedings • Substance Abuse (PRN/IPN) • Appellate Practice

the Briefs August 2011 Vol. 79 No. 8

JOANNE KENNA, J.D., R.N. (ILL.) • J.D., Stetson Univ. College of Law • Diploma, St Anne’s Hospital School of Nursing • R.N., Illinois • Licensed in Florida

CHRISTOPHER E. BROWN • B.A., Coastal Carolina University • J.D., Barry University of Orlando, College of Law • Licensed in Florida • Member, American Health Lawyers Association

www.orangecountybar.org

• Opinion Letters • Complex Litigation • Medical Staff Bylaws

PAGE 11

Legal Aid Society of the OCBA

.=: I= CCJ6A G:6@;6HI D; =6BE>DCH

-6K: I=: 6I:

Wednesday, November 9, 2011 Ballroom at Church Street Registration: 7:30 a.m.

Program: 8:00 a.m. to 9:00 a.m.

Please consider making a donation in the following amounts:

We are seeking Table Captains for this annual fundraising event. As a Table Captain, you will be asked to invite 14 colleagues or other professionals – your physician, dentist, accountant, insurance agent and others – and confirm for a table of ten. Your guests will be asked to make a personal or business contribution to the Legal Aid Society.

GDCO: - $250

Recognition as a Bronze Sponsor in The Briefs and at the breakfast

->AK:G - $500

Recognition as a Silver Sponsor in The Briefs and at the breakfast

!DA9 - $1,000

Corporate sponsors are needed to defray the cost of the event and provide funds for direct services to low-income citizens of Orange County.

Recognition as a Gold Sponsor in The Briefs, at the breakfast, on our website, and at our annual awards banquet

*A6I>CJB - $2,500

Recognition as a Platinum Sponsor in The Briefs, at the breakfast, on our website, and at our annual awards banquet If you would like to serve as a Table Captain or sponsor the event, please contact Donna Haynes, Director of Development, at dhaynes@legalaidocba.org.

As always, thank you for your continued work on behalf of our mission to ensure that equal access to justice is a reality for all, not just for those who can afford it.

Chris Pantano and Ana Tangel-Rodriguez, Development Committee Co-Chairs

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Legal Aid SocietyWhat We Do...

W Donna A. Haynes

the Briefs August 2011 Vol. 79 No. 8

Through Martha’s Eyes

ould you know how to get by every month on $1,300 when you had a child to feed, clothe, and shelter? Would you know how to cash a check if you didn’t have a bank account or good credit? What would you do if your employer filed bankruptcy and you didn’t receive your final paycheck? Suppose your next month’s rent is in the bank, but you can’t access the funds because a creditor has frozen the account and you are told that a hearing to unfreeze the account won’t be held for a few weeks. Would your landlord wait several weeks for the rent?

who are struggling. Martha, like all our volunteers, is a unique and amazing person who is changing lives with the work she does.

At this time, Legal Aid handles family law matters, including divorce, custody and guardianships, and protection from domestic violence; housing cases, including private tenant problems and foreclosure; consumer cases, including personal bankruptcies, debt collection, wage garnishment and bank account garnishment; immigration cases, including adjustment These are the real-life situations of status, citizenship, VAWA that members of the community and other matters; public living at or near the federal poverty benefits cases, including unlevel face day after day, month after employment compensation, month, and year after year. These Social Security, and Medicare the dire circumstances of the aid; and Guardian ad Litem clients served by the OCBA Legal cases through judicial apAid Society every day. pointment. Legal Aid does not handle any fee-generatLegal Aid was besieged by over ing cases.

20,000 requests for assistance last Legal Aid Society volunteer Martha Lawrence year. How does the Legal Aid SociLegal Aid strives to assist ety manage the stress and chaos? Our Intake De- people during a time in their lives when they may partment, run by attorney Larri Thatcher, oper- feel completely hopeless because access to the ates much like a triage station in a hospital. Intake courts seems unattainable for a person of limited is the first responder team that directs individu- means. We want to make sure that those who als to staff attorneys, pro bono attorneys, or other need to access agencies and courts to redress their agencies that are able to assist with clients’ legal grievances are not prevented from doing so beneeds. It is frequently necessary to direct clients cause of their economic situation. We thank volto social services, as well. In order to respond effi- unteers like Martha who donate their time to the ciently to requests for assistance, Larri works with effort. We are always looking for more volunteers. a team of volunteers. One such volunteer is Mar- If you do not have time, we can always use your tha Lawrence, a retiree who comes to Legal Aid financial donation. several times a week to interview new applicants To become a volunteer or make a financial donaand assist with intake. Martha has been a volun- tion, go to www.legalaidocba.org. Need more inteer with Legal Aid for more than nine years. formation about the Legal Aid Society? Contact Martha gathers financial information, legal docu- Donna Haynes, Manager of Development, 100 ments, and facts about the matter and discusses East Robinson Street, Orlando, Florida 32801, the case with an attorney so a determination re- 407-841-8310, ext. 3150, or direct e-mail to garding eligibility can be made. What affects her dhaynes@legalaidocba.org. most, says Martha, is “the simple hopelessness of Save the Date! The Legal Aid Society will hold the applicants.” Her heart has been touched by its annual Breakfast of Champions on Wednesthe hundreds of people she has come in contact day, November 9, 2011. If you’re interested in bewith. Martha states that stories about children, coming a Table Captain or sponsoring the event, the homeless, and family deterioration touch a please contact me at 407-841-8310, ext. 3150. particular chord within her. She has noticed that many grandparents are raising second families, Donna A. Haynes is the Director of Development at the Legal Aid Society. She has been a member of the effectively becoming the “parents” of their own OCBA since 2008. grandchildren. Martha has listened to many sad stories and offered kindness and solace to those

www.orangecountybar.org

PAGE 13

SpecialFeature

T David W. Henry

PAGE 14

Improving Civil Mediation Practice and the Case for Mediation Optimization Orders

his article argues for a paradigm shift in the way litigators and their clients approach civil mediation. Civil mediation advocacy is a dark art. It is not well appreciated and is even viewed skeptically in some regions of the country and by some factions of the trial bar. This is partially because the mediation process does not depend upon the application of facts to the law, rules of procedure, or precedent ‒ it does not depend on the skill of lawyers or the art of lawyering. Mediation lies far too often in the “dark shadows” of trial.1 Brilliant advocacy in mediation is not – and owing to confidentiality, cannot be – memorialized by transcript, video, or narrative. Careers and the reputation of counsel are not publicly made or broken based on mediation results. Mediation by its nature is quiet, stabilizing, and normalizing; great gains and losses are avoided by negotiation. No public heroes are made in the process.

Unlike the big-budget production that is trial, mediation is freestyle improv without the ruledriven staging, dialogue, and spectacle of trial.

The mediation process will not necessarily be value-affirming. Justice will not be publicly revealed.

No one will witness a stinging cross-examination; memorable closing arguments are non-existent.

Trial will always be entertaining and high theatre; mediation is in a black box.

The confidentiality of mediation makes it difficult to teach and appreciate on an intellectual, moral, and value-centered plane. Furthermore, because it does not require the same procedural choreography and analytical preciseness, nor by custom or rule require the same investment of time and money, lawyers and clients might naturally view it as less important. This author submits that the darkness inherent to mediation restrains lay persons and lawyers from witnessing its greatness.

Churches, temples, and mosques visually and verbally reinforce the power, strength, and benefits of a spiritual life. Mediation sessions have no publicly accessible pews.

Lawyers spend much of their career first learning, then mastering, then billing clients on all matters antecedent to trial, such as dismantling experts, electronic discovery, preserving privileges, developing an effective opening and closing, and addressing fact to law type issues that are intellectually challenging, time consuming, and ultimately costly to consider. The calendar drives in large measure the trial lawyer’s practice and attention. Mediation is less rigid, less rule-oriented, and

www.orangecountybar.org

more informal, and therefore does not command the attention of the lawyer or client in the same way that a trial date will. This is problematic because mediation is a far superior and more efficient dispute resolution tool.

Mediation Optimization Orders Make Sense One way to begin to achieve intellectual parity between mediation and trial is to borrow from the trial process and create what is in effect a “pre-trial” order for mediation. A mediation optimization order (as a form of best practices for the court to adopt) would require the parties and counsel to communicate with one another and opposing sides far more frequently prior to mediation. The proposed optimization order is both form and substance. A detailed mediation optimization order (MOO) as a form elevates the mediation process by having the look and feel of a trial order ‒ making the requirements for “premediation” outwardly and superficially more akin to the trial preparation process and thus necessarily garnering the attention of the lawyer and client.

Substantively, the MOO works to identify and possibly eliminate commonly occurring impediments to settlement that can be cured before the mediation session is convened. For the busy and task-saturated litigator, the mediation is a relief; it is considered a respite from the litigation, a vacation. Approaching the mediation this way is an unproductive and self-defeating mindset that may adversely impact the likelihood of settlement. The mediation optimization order is aimed at elevating the importance of the mediation process and preventing the attorneys and parties from treating mediation as a holiday.

Mediation is not designed to be a vacation from litigation. It is an entirely different process that rotates on a different axis. If impasse was treated as the moral and legal equivalent of mistrial, wouldn’t lawyers work harder to avoid that result?

Viewed in these terms, it becomes clear just how superficially some lawyers may prepare. The absence of rules and the informality of the process are part of the reason many lawyers do not know how to prepare. There are no significant premediation requirements imposed by the court or by rules of procedure.

An appropriate beginning could be “case managing” the mediation process. This includes establishing dates and deadlines that involve the client directly. The hypothetical mediation optimization order would be flexible but is intended to elevate the Briefs August 2011 Vol. 79 No. 8

the significance of mediation by incorporating a very “trial-like” 11. Require the lawyer to confer with the client to demethod ‒ the court order. The parties will engage the mediator termine whether there are any personal, emotional, fiearly in the process before any formal session. Here are suggested nancial, religious, or other factors that might impede the provisions for a mediation optimization order: ability of the participant to meaningfully engage, listen, and resolve the case. The client should be free of any dis1. Set a date for disclosing the name, address of each atabilities, sources of duress, or extraordinary stressors. tendee, and their relationship to each party.

12. Require counsel for the defendants in multi-party 2. Set a date to provide written certification that approcases to meet and confer with their clients prior to the priately selected decision makers will be able to attend formal mediation session to consider litigation funding and a statement explaining the reason for the chosen reparrangements and pro rata contributions that may be reresentative. quired to resolve the case.

3. Require the parties and attorneys to confer via confer13. Require all counsel to submit a premediation stateence call to discuss the issues to be resolved. Attorneys ment approved by the client that addresses the client’s are present to monitor, but not engage in, setting the needs and concerns. Conduct a premediation conference agenda. with the mediator only after all position statements have 4. Require a statement from each attorney that the pleadbeen furnished. ings, motions, and material court orders, factual discov14. No fewer than 10 days prior to mediation, the attorery and testimony have been disclosed to the client or ney should provide the client with an update of any mamade available for reading. terial developments, a review of the existing budget, and 5. Require counsel and the parties to confer to discuss disclosure of anticipated litigation costs going forward. the timing of mediation and whether any party is in need As the mediation practice evolves, the elements of the premediaof discovery, testimony, or has other needs that must be tion order will continue to be refined. met prior to appearing at mediation. Identify those needs and determine whether they are conditions precedent to The purpose of such an order is to engage the parties in the prepaeffective mediation or can be postponed until after meration process, to require them to think about resolution, and to diation. communicate with each other and counsel prior to the formal mediation session. Time frames and dates will change to account 6. Determine whether there is a consensus on both sides for the complexity of cases, geography, insurance carriers, and the regarding the value of settlement and whether there is scope of the litigation. In certain circumstances, it may be prudent any objection to settlement per se. to set two scheduled mediation dates – one early and one later 7. Counsel and the parties should articulate in neutral, in the litigation process. Mediation advocacy as a dark art is not non-threatening ways the non‑economic terms that may something easily learned. Settlements do not happen by accident. be the subject of discussion during mediation (e.g., nonThe likelihood of settlement by a well-designed mediation is very compete, change in trademark, license, anti-disparagehigh. When parties and attorneys work diligently in advance of ment, agreement not to initiate governmental investigamediation, when they are given tasks that elevate the importance tion, etc). of the process, and when attorneys strive to eliminate the impediments to a successful mediation by executing a premediation game 8. Require the parties to disclose any non-party who may plan, the chance of settlement is optimized and the chance of an be in attendance as an expert, advisor, or consultant at the avoidable impasse is reduced. mediation. Seek out any true, legal objection to participation if challenged. (Mediation rules differ in jurisdicDavid W. Henry, co-founder of Henry / Potter Civil Mediation, has been a member of the OCBA since 1995. tions regarding participation by non-parties; in Florida non-parties are permitted. Section 44.403(2) recognizes 1 participants who are non-parties.)

See Leonard L. Riskin and Nancy A. Welsh, Is That All There Is: The Problem in CourtOriented Mediation, 15 Geo. Mason L. Rev. 863 (2008).

9. Identify a list of suitable and experienced mediators, and reach a consensus understanding that the mediator may use facilitative, evaluative, and collaborative techniques during the process.

10. Require the attorney and his or her client to meet 90 days prior and 14 days prior to the mediation session and Find your path! require the lawyer to fully explain in Go to the new OCBA Career Center writing the mediation process, role of on our website. the mediator, the confidentiality rules, and to explore in the broadest terms Post your resume! Look for employees! possible all non-judicial and judicial It’s easy, effective, and open to everyone! issues that may be encompassed within www.orangecountybar.org the framework of the mediation. In short, require the attorney and client Member discounts available! to brainstorm in an effort to identify the interests that need to be addressed Questions? Please contact Karen Fast at 407-422-4551 ext. 225 in the framework of a settlement. or karenf@ocbanet.org

OCBA Career Center

the Briefs August 2011 Vol. 79 No. 8

www.orangecountybar.org

PAGE 15

FoundationNews

E Judge Antoinette D. Plogstedt

Richard S. Dellinger

Inspiring Young Minds at the Boys and Girls Clubs’ Summer Zone Program

very year, the Boys and Girls Clubs of Central Florida (BGC) organizes a six-week long summer program at Ocoee Middle School, Meadow Woods Middle School, Hunter’s Creek Middle School, Freedom Middle School, Wolf Lake Middle School, Lockhart Middle School, Robinswood Middle School, and Corner Lake Middle School. This program provides a traditional summer day camp experience for the students, with a mix of recreational and enrichment activities.

The Summer Zone Program provides the children a safe, structured, and nurturing environment and costs the parents only $135 for the entire six weeks. The program is provided at affordable prices through monetary donations as well as inkind donations from the Orange County Public School system for facilities and teachers. The Orange County Bar Foundation assists the BGC Summer Zone Program by providing Foundation board members as speakers for the program’s Career Day series.

Richard S. Dellinger, President of the Orange County Bar Foundation, spoke on July 11, 2011, to 25 students at Ocoee Middle School.

The students openly admitted that they did not

Judge Antoinette Plogstedt with students at know Hunter’s Creek Middle School

any lawyers and that their exposure to the legal profession came from television shows, the local news, and billboards they saw along the highway.

At the beginning of the presentation, the students learned about well-known, well-respected lawyers, including Abraham Lincoln, Mahatma Gandhi, Hillary Clinton, Michelle Obama, the drafters of the Declaration of Independence, and the members of the Constitutional Convention. The students were reminded of the many wonderful achievements that dedicated lawyers have accomplished for this country and for the world.

Richard discussed the value of hard work and the dedication it takes to become a lawyer. He stressed the following three principles: •You will not get anywhere without hard work.

•No one will give you anything – you must work to get it.

•Anything is possible if you work hard enough and remain committed.

The students then participated in a game of “Lawyers BINGO.” In this game, the students were asked to identify the knowledge, skills, and qualities that make up a good lawyer.

Those qualities were then written on a chart that resembled a BINGO card. The students then matched up those qualities among one another and those who matched three in a row yelled BINGO. The “winner” of the game won the opportunity to speak to the class about the qualities that make a good lawyer.

Orange County Judge Antoinette D. Plogstedt spoke to teenage students on July 12, 2011, at Hunter’s Creek Middle School. The students were enthusiastic, as none of them had ever actually met a judge. The students represented a diverse population from the community. continued page 30

PAGE 16

www.orangecountybar.org

the Briefs August 2011 Vol. 79 No. 8

OCBA Luncheon | June 16, 2011 Sponsored by Bright House Co-hosted by the Central Florida Association for Women Lawyers

Mayanne Downs, Past President of the Florida Bar, City Attorney of Orlando

Mayanne Downs

Tom Zehnder

Judge Antoinette Plogstedt

Melanie Griffin Melanie Griffin, Mayanne Downs, Tom Zehnder

Photos courtesy Florian Boehm

the Briefs August 2011 Vol. 79 No. 8

www.orangecountybar.org

PAGE 17

Family LawCommittee

A Erin F. Duncan

Practical Considerations in Establishing Support for Children Beyond the Age of Majority

s a disabled child approaches the age of majority (18 years of age in Florida), many decisions must be made regarding his or her welfare, even beyond the planning and preparation that families undertake for children without disabilities as they reach adulthood. “Disability” remains a largely nebulous term in Florida’s common law but seems to be defined consistently with the Social Security Administration’s (SSA) definition, since the SSA’s purpose is to provide support for those unable to support themselves.

Florida Statutes § 743.07(2) states that support of a child beyond the age of 18 may be appropriate where the child is dependent because of a mental or physical incapacity that began before the age of majority.1 Further, our state does not ordinarily require parents to pay for post-high school education of an adult child but may do so in the case of a dependent adult child.2

ianship and probate law, trust law, tax law, financial and estate planning, quality of life planning, health planning, and administrative/government agency policy. Some or all of these types of professionals can and should be used to prepare for the child’s financial future, rather than merely extending an existing child support award beyond the age of majority.

Many of the benefits and programs that may be available to dependent adult children are income based and therefore affected by awards of alimony and child support. When the family resides in a single household and constant care of the child is needed, often one of the parents takes on a nearly exclusive caregiving role rather than working outside of the home. If the parents of that child divorce, often both parents must then work outside the home, and planning for the future support of the child becomes exponentially more difficult.

The impact of an increase in financial contributions as a result of duel income, or from the support paid from one household to the other, can significantly and permanently affect the adult child’s eligibility for government benefits and programs.

Determining whether to order child support and/ or how much to award for a disabled child who will remain a dependent adult in the case of his parents’ separation, requires significant factual inquiry, which can be complex and ultimately costly. This is true whether in the context of administrative proceedings to establish child support, actions for paternity, or dissolution of marriage. Medical records evidencing diagnosis and treatment plans are essential to the determination process. The average lay witness, most often a parent, may not have the ability to testify to essential information before the court. In the absence of factual findings of physical or mental deficiencies in the child, support termination at the age of majority (or graduation from high school if the child is between the age of 18 and 19 with reasonable expectation of graduation) is the rule.3 Failure to timely address these issues may exclude disabled adult children from direct support they could otherwise receive from their parents. The family practitioner, who is often expected to provide advice and counsel outside the general areas of divorce and paternity (e.g., real estate, tax, etc.), may find himself completely overwhelmed when trying to sort through the complications of support in these cases.

As education about and awareness of special needs children continue to increase, professionals have appeared in various fields to meet the demand of families with disabled children. Professionals to be consulted in planning for the transition of a disabled child into adulthood include those in the fields of elder law, disability/Medicaid law, guardPAGE 18

www.orangecountybar.org

Guardianship The immediate need as the disabled child approaches the age of majority is the appointment of a guardian advocate to assist the adult child with legal, medical, and financial decisions. The guardian advocate can be a parent; however, when the parents are divorced and have differing views of the needs and responsibilities of the adult child, the situation can become complicated. In circumstances where the parents cannot, or are unwilling to, serve as guardian, an application for appointment of another individual must be filed on behalf of the child. Interestingly, the dependent adult cannot be reviewed for competency until he or she has reached the age of 18.

In light of the increasing demands on the court, parents are encouraged to start this process well in advance of the disabled child reaching the age of majority. A person appointed as Trustee, Power of Attorney, or Representative Payee for Social Security benefits, although having effective control over the finances of the dependent adult, is not a legal guardian. Chapter 744 of the Florida Statutes governs the procedures by which a guardian is appointed.

Financial Planning Financial planning takes on a new meaning when disabled children reach the age of majority and the Briefs August 2011 Vol. 79 No. 8

become dependent adults. Concerned parents and extended family members can inadvertently reduce the amount of benefits available to the adult child by innocuous acts of generosity, such as establishing savings accounts in the child’s name, improperly defining beneficiaries of life insurance, bequeathing monies in their own estate planning directly to the child, or, in certain circumstances, even paying ongoing child support. Extreme caution should be used in financial planning to ensure that maximum benefits remain available for the child and his caregivers/guardians throughout the life of the child. Special care should be taken to ensure these benefits contemplate the duration of the life of the child as opposed to the lives of the parents.

Special Needs Trusts A Special Needs Trust (SNT), also referred to as a Supplemental Needs Trust, should be considered when planning for the financial future of a dependent adult. The trust can provide for the financial need of the beneficiary while allowing maximization of government benefits and extending financial resources past the lifetime of the contributing parents or other extended family and friends. An SNT can provide the beneficiary funds to purchase items and services that cannot be purchased with government benefits, as these benefits are limited to use for basic necessities such as food, clothing, and shelter. The beneficiary of an SNT can enjoy vacations, periodicals,

entertainment, and electronics, to name a few. Additionally, the contributors to the trust can leave a Letter of Intent for the trustee, outlining the goals of the trust as well as the standard and quality of living that the parents or guardians intended for the beneficiary.

SSDI and SSI Disability benefits are available to disabled adults and children through Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), respectively.

SSDI provides benefits to disabled adults whose disability began before they reached the age of 22. This benefit is based on a qualifying parent’s Social Security earnings.

The qualifying parent is one who is receiving Social Security retirement or disability benefits, or has passed away after reaching eligibility status.

SSDI benefits continue as long as the dependent adult remains disabled.4 According to the U.S. Social Security Administration Office of Policy, SSI is intended as “an income source of last resort” for disabled individuals and is intended to benefit those of limited means. This is an area of particular consideration for the family lawyer, as the program excludes only one-third of child support payments from countable income.

Once the child reaches the age of 18, child support awards can reduce SSI benefits dollar for dollar. In order to qualify for SSI, a disabled adult may not hold more than $2,000 in assets, excluding a car and a home. The benefits paid must be spent on food, clothing, and/or shelter.5 The conscientious parent who has pre-planned can make a voluntary gift to the Special Needs trust in lieu of child support in order to maximize the government benefits and resources available to the dependent adult child.

In Florida, SSI-Related Medicaid is automatically available to those individuals who are eligible for SSI without separate application. It is important to note that some benefits vary from state to state.

Medicaid may replace private insurance previously carried by one of the parents, thus increasing the net cash available for SNT contributions.

Many family law attorneys may not be familiar with most of the areas of specialty needed to maximize the benefits and financial resources of the disabled child and dependent adult child. I would like to personally thank the family who had the vested interest and patience in assisting me through their case. This writing is in no way intended to impart any special knowledge, but rather to alert my esteemed colleagues to the challenges we face when our clients have children with special needs. It is not merely an exercise of extending child support past the age of majority – special attention and extreme caution are warranted.

Erin F. Duncan is an attorney with Family Legal Options. She has been a member of the OCBA since 2006.

Hastings v. Hastings, 841 So.2d 484 (Fla. 3d DCA 2003).

2 Grapin v. Grapin, 450 So.2d 853 (Fla. 1984); Jones v.

Jones, 421 So.2d 815 (Fla. 4th DCA 1982).

3 State Dept. of Revenue ex rel. Ortega v. Ortega, 948 So.2d 855 (Fla. 3d DCA 2007).

4 SSA Publication No. 05-10026, June 2011.

5 SSA Publication No. 05-11000, May 2011.

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PAGE 19

Lawyers for LiteracySpelling Bee

T Daryl P. Gottlieb

A Call to Words

he majority of folks reading this article will not have to struggle and, indeed, may not be able to recall a time when they could not read an article in a magazine, devour a book, or review an instruction manual. I cannot even remember learning how to read and can only recall memories in which I already possessed this most fundamental skill. Unfortunately, however, one out of every five adults in Central Florida cannot read, write, or perform basic arithmetic skills at or above a fifth grade level.1 This falls well below the national average of one out of every seven and, while there are numerous factors contributing to cause this statistic, this article is intended to focus our collective attention on what we can do, as a community of legal professionals, to provide this essential skill to those who would seek it.

is within the grasp of anyone willing to work to obtain it. This also makes sense in the context of our recent state economic budget crisis and in our fight against recidivism. Fifty percent of adult welfare recipients test at the lowest reading level, and 65% of prison inmates are illiterate. What’s more, if these adults do not possess basic literacy skills, regardless of the genesis of the problem, they will be raising children who do not have the benefit of being brought up in a household with parents who can read to them and help them prepare for school.

This is why, last year, the OCBA Young Lawyers Section spearheaded the inaugural Lawyers for Literacy Spelling Bee, in which law firms, businesses, and legal support vendors sponsored teams of spellers who competed in an old-fashioned spelling bee tournament, with all proceeds benefitting the ALL. By all accounts, the event was a smashing success. Ten teams competed, with the YLS team being crowned the champion, and more than $16,000 was raised for the ALL. Shortly thereafter, the event received The Florida Bar Young Lawyers Division Affiliate Outreach Award for the best Public Service Outreach Project and was recently awarded a Young Lawyers Division Subgrant from the American Bar Association.

A local non-profit, the Adult Literacy League (ALL), has worked for 43 years to curb the tide of illiteracy in our community. Working with a staff of just six full-time and nine part-time employees, they currently serve 1,200 adult learners. The ALL’s lifeblood is their volunteers, a group of 400 dedicated individuals who provide critical oneon-one tutoring to the adult learners who use the services of the ALL. It bears noting that the adults who come to the ALL are there voluntarily. They come because they are tired of going through life without being able to help their children with their homework and weary of being limited in their jobs (not being able to obtain additional certifications, licensure, promotions, etc.). These are individuals who are seeking help and are doing so voluntarily, not at the behest of a judge or magistrate. They are simply seeking a better life for themselves and their children.

All of this is meaningless, though, without an understanding of how this money translates to addressing the issue. What follows is a non-exhaustive list of this translation: $50 pays for a student’s initial enrollment and assessment; $100 supplies workbooks for one student for one year; $250 funds 20 hours of personalized reading instruction; $500 sponsors one new student for a full year; $1,000 provides training for ten volunteer tutors. All in all, as a result of this community’s efforts last year, lives have been impacted and trajectories forever changed.

The Second Annual Lawyers for Literacy Spelling Bee will take place on October 20, 2011, at the Doubletree Hotel in Downtown Orlando.

Sponsorship efforts are well underway, but much help is needed. A senior attorney recently spoke with me about the importance of developing your “brand” as an attorney. In writing this article, my mind has drifted back and forth across this concept, but as it applies to the Central Florida legal

As attorneys, we depend on our understanding of the written word. We construct sentences, deconstruct sentences, debate the meaning of words, and argue about what others intended when they drafted documents hundreds of years ago (or even this year). It seems appropriate, if not to be expected, that as a community we would recognize the importance of a flourishing, literate community and would strive to ensure this core ability PAGE 20

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gal community as a whole. In terms of our collective “brand,” I can think of none better than what is already contained within our Creed of Professionalism: “I will further my profession’s devotion to public service and to the public good.”

For more information about sponsoring a team or underwriting the upcoming Lawyers for Literacy Spelling Bee, or for more information about volunteer opportunities with the ALL, please contact Alana Brenner at abrenner@hotmail.com or Daryl Gottlieb

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at dgottlieb@fisherlawfirm.com.

Daryl P. Gottlieb is an attorney with Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A. He has been a member of the OCBA since 2010.

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YLS on the move

T Jacquelynne J. Regan

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he month of August holds significant importance for us ‒ the students, keepers and defenders of the Constitution ‒ especially those of us who happen to be women. It was on August 26, 1920, that the 19th Amendment to the Constitution was signed, giving women the right to vote in state and federal elections. Drafted by Susan B. Anthony and championed by advocates of the suffrage movement, the 19th Amendment narrowly passed and was ratified in August of 1920 with the strong support of President Woodrow Wilson. As the saying goes, we’ve come a long way, baby! Not just as women, but as a nation. Now let’s see where YLS is taking us in August of 2011: The Florida Bar Young Lawyers Division Board of Governors awarded its annual Michael K. Reese Quality of Life Award to the law firm of Beusse

On the evening of June 17, the YLS hosted its annual YLS Pub Crawl for attorneys and clerks. With all proceeds benefiting the Foundation for Foster Children, these young lawyers and clerks pub-crawled for the cause from 6:30 p.m. until midnight! Special thanks to Jerry Lee Hanberry and his committee for organizing the event. Keep your eyes and ears open for details about the next social event, or contact Jerry Lee at Jerry.Hanberry@brockandscott.com for more information.

August is also National Back to School Month, and it’s the perfect time to help students get ready for school with the Backpack Project! You can help by providing needed school supplies to Rock Lake Elementary School, including crayons, pens, pencils, markers, notebook paper, sets of beginning word flashcards, construction paper, binders, scissors, protractors, tissues, Wolter Sanks Mora & notebook pencil pouches, Maire, P.A. The recipient backpacks, and more. Please of this award is a person contact committee chairs or entity that, through Keshara Davis at kdavis@ humanitarian respect, flabar.org, Kayla Mudge advances balance and fulat kmudge@kpsos.com, or fillment in lawyers’ lives Alisia Adamson at aadamby redefining current Afternoon at the State Courthouse son@hawmlaw.com to find work habits and schedout how you can make a monules to provide more flexibility and a more mean- etary donation or provide school supplies. Informaingful existence. The award criteria defines “quality tion is also available on the OCBA website. Thanks of life” as finding equilibrium among work, family, in part to the Backpack Project and the continuous and community involvement in order to maximize support of the YLS in past years, Rock Lake has risen good health and minimize stress in one’s career. The from an “F” school to an “A” school. Let’s help the Buesse law firm was nominated by the OCBA YLS. students of Rock Lake continue to succeed this school The firm accepted its award at The Florida Bar An- year! nual Convention in June.

The 20th Annual YLS Charity Golf Tournament Young Lawyers were responsible for the unforget- is just around the corner! The big event is set for table Derby Party and Casino Night at The Florida Friday, September 30, 2011, at the beautiful ReBar Annual Convention at the Gaylord Palms Resort union Resorts Golf Course. This tried and true event in Orlando. Hosted by the Young Lawyers Division is a great way to network with fellow attorneys and of The Florida Bar Board of Governors and orga- other professionals while enjoying the golf course. nized by our very own Melanie Griffin, this event To help plan the golf tournament, or to sponsor a was the social highlight of the convention! Those in hole, please contact Jerry Lee Hanberry at jerry. attendance enjoyed an evening of games, dancing, hanberry@brockandscott.com or Brett Renton at cocktails, dinner, hat contests, and dance competi- brenton@shutts.com. tions, all in honor of The Florida Bar Young Lawyers YLS continues to offer its Law School MentorDivision’s Past Presidents. ing Program to students of Barry Law School and The Afternoon at the State Courthouse on June 17, other Florida law schools. This program will match 2011, was a great success! Nearly 100 local attor- members of the YLS with second- and third-year law neys, law clerks, paralegals, and law students received students for one academic year beginning in the fall valuable insight into judicial policies, procedures, of 2011. The YLS-Law Student Mentoring Program and courtroom decorum directly from circuit and is still accepting applications from interested young county court judges. Thank you to the Honorable lawyers. For details and to apply to mentor a current C. Jeffery Arnold and committee chair Jeffrey S. law student, please visit www.ylsmentoring.org.

Elkins for organizing the event.

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YLS’ Second Annual Lawyers for Literacy Spelling Bee will be held on October 20, 2011, at the Hilton

Double Tree Hotel in downtown Orlando. The event pits teams of spellers against each other (at least one attorney per two-person team) in an old-fashioned spelling bee tournament to raise money for the Adult Literacy League, an organization dedicated to eradicating illiteracy in our community. Last year’s event was a smashing success, and our committee, led by Daryl Gottlieb and Davis Lewis, is hard at work in recruiting teams and sponsors for the event. We need and want your help! Would you consider fielding a team or becoming a sponsor?

Please contact Daryl at dgottlieb@ fisherlawfirm.com or Davis at dlewis@hightowerlaw.net before time runs out!

The next three Brown Bag Luncheons will be held on August 11, 2011, September 8, 2011, and October 13, 2011. Unless otherwise indicated, they will be held in the Judicial Conference Room on the 23rd floor of the Orange County Courthouse. Topics will be announced three to four weeks before the scheduled luncheons based on areas of concern expressed by young lawyers. Please tell security you are attending the Brown Bag

Lunch with Judge John Kest so you will be permitted to bring your lunch through security. Each seminar offers 1.5 hours of CLE credit.

If you are interested in attending, please contact Judge Kest’s judicial assistant, Diane Iacone, at 407-8360443 or ctjadi1@ocnjcc.org.

The YLS August Luncheon will take place on August 17, 2011, and the September Luncheon is set for September 15 at the University Club in downtown Orlando.

Please note that the luncheon begins at 11:45 a.m. Please e-mail your RSVP to Jacquelynne Regan at reganjj@lowndes-law.com. If you RSVP at least 48 hours before the event, the cost is $20 for lawyers and $12 for law students, government attorneys, solo attorneys, and judges; a late charge of $2.00 will be added if you do not RSVP by the deadline.

If you want to find out more about the Young Lawyers Section and its committees and events, please contact your new communications coordinator, Jacquelynne Regan, at reganjj@lowndes-law.com.

Jacquelynne J. Regan is an attorney with Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. She has been a member of the OCBA since 2007.

OCBA Display & Classified Ads: The Florida Bar Annual Convention Derby Party and Casino Night

Contact Michael 407-422-4551 ext. 225 williamr@ocbanet.org

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PAGE 23

SideBar

N Sunny Lim Hillary

ational Watermelon Day is always on August 3, 2011. No wonder this big fruit deserves its own holiday ‒ sweet and tasty, watermelons are one of summer’s favorite fruits! While watermelon is over 90% water, it sure tastes good!

GOAABA Thank you all for coming out to the Greater Orlando Asian American Bar Association’s Happy Hour & Installation on June 30, 2011, at Terrace 390. Guests, members, and new members of GOAABA mixed and mingled while enjoying free appetizers!

Also, the GOAABA’s CLE Luncheon on July 27 at 310 Lakeside was a success! Richard S. Larson presented the 1-hour CLE: “A Conversation about Best Employment Practices.” Richard, former Director of Human Resources for Universal Studios in Los Angeles, and former Vice President of Human Resources for Universal Studios in Orlando, covered hot topics including employment discrimination, the Family and Medical Leave Act, the Americans with Disabilities Act, wage and hour law, and the Employee Free Choice Act. Big thanks go to Richard for a putting on a great educational seminar and Wanda Reas for organizing the CLE Luncheon!

In August, GOAABA will be hosting a banquet as part of its educational program related to the removal of the Alien Land Law. Florida is the only state that still maintains the following constitutional prohibition against aliens owning real property under Article I, Section 2 of the Florida Constitution: “all natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life

and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin or physical disability.” The restriction on alien ownership of land began in the late 1800s and continued through the early 1900s through the passage, state by state, of laws restricting Chinese and Japanese immigrants from owning real property. For more information about the banquet, or for educational literature prepared by GOAABA, please contact Christine Ho at CHo@litchris.com or Agnes Chau at amc@agneschaulawfirm.com.

Attention all voluntary bars! Submit news about your events, meetings, or other activities to me at sunny@hillarylaw.com for publication in SideBar. If you have events you’d like to promote, send details at least two months in advance. If you have noteworthy news about a member or would like to recap a past event, please send a short write-up and any photos (with IDs, please!). Remember – this is your column! We want to spread the word about the great things you’re doing! Also, please send me your annual calendar of events in PDF format as well as your bar’s website URL if you have one, and we’ll post them on a new “Voluntary Bars” page on the OCBA website!

Sunny Lim Hillary, Hillary, P.A., has been a member of the OCBA since 2005.

GOAABA Happy Hour & Installation of Officers

Amie Kozan and Sunny Hillary

Jessica Hew and Glenn Leong

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GOAABA Happy Hour & Installation of Officers (Continued)

Lisa Gong, Angela Miller, Donna Hung, Magistrate Linh Ison, Steve Chong, Kim Nguyen, Jessica Hew, Sunny Hillary, and Glenn Leong Magistrate Linh Ison and Mary Kautzman

Family Law Committee Major Seminar

Diversity Committee Major Seminar

Friday, August 19, 2011 12:00 p.m. - 5:00 p.m.

OCBA Center

Wednesday, August 31, 2011 12:30 p.m.-4:45 p.m.

OCBA Center CLE: 4.0, including 1.0 ethics

A Financial Primer for Family Law Cases

CLE: 5.0 (pending) Speakers & Topics Trevor K. Brewer, Esq. Qualified Domestic Relation Orders Deborah Musbach Stock Options and Tax Consequences Howard Zufelt Inventory of your Assets

Diversity Summit: Providing a Roadmap to Implementation

2 Major Seminars

Speakers & Topics

Diego “Woody” Rodriguez, General Counsel - Orange County Public Schools Public Sector Requirements for Legal Representation Teresa Sebastian, Senior Vice President, General Counsel & Secretary – Darden Restaurants Corporate Requirements for Legal Representation Paula Shives, Former General Counsel – Darden Restaurants Corporate Strategies to Diversify Your Law Firm Joan Bullock, Law Professor, FAMU Law School Ethical Considerations in Creating a Diverse Culture in Your Firm

Lynn Esko Vocational Evaluations (rehabilitative alimony)

Moderator - Paul Perkins, Chair, OCBA Diversity Committee

Thomas Gillmore Forensic Accounting

Registration deadline: August 19, 2011 Fee: $50 Late fee $60

Registration deadline: August 12, 2011 Fee: $45 (OCBA members); $55 (non-members) Late fee: add $10

Reception to follow Register at mariew@ocbanet.org

Lunch included To register, please download registration form from the OCBA website calendar.

For additional information, please contact Marie West, OCBA Seminar/Events Manager, at mariew@ ocbanet.org, or 407-422-4551, ext. 233.

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ParalegalPost

How I Became a Paralegal

M Phillip L. Gordin, FRP

y journey to becoming a paralegal is an unusual one. I thought you might enjoy reading about it and discovering that there are many paths that can lead to a paralegal career.

assistant returned after six months. Instead of simply letting me go, however, the attorney recommended me to some of his colleagues, which opened new doors.

My journey began on a summer day in 1946.

I was born in Bartlesville, Oklahoma, a town of about 14,000 at the time and best known as the headquarters of Phillips Petroleum Company (now part of Conoco-Phillips). I graduated from Bartsville’s College High School and, having missed an appointment to the U.S. Naval Academy, I attended Oklahoma State University (OSU) on a Phillips scholarship, where I majored and earned a bachelor’s degree in electrical engineering. I continued my studies at OSU, earning a master’s degree in business administration two years later.

In late 2002, I worked at GrayRobinson for an attorney in employee benefits. Since then, I have continued to work in the ERISA or retirement planning area. At first, I worked only two days a week in a corner of my attorney’s office. However, my hard work and initiative was recognized and I was given more hours. I now work 30 plus hours a week and have my own office.

I really enjoy working in the ERISA area at GrayRobinson. It also helps that the attorney I support was in the Judge Advocate General (JAG) corps for the Air Force, giving us a common experience to share. During my time in this position, I have worked not only on a variety of retirement plans, including profit sharing and 401(k) plans, but I also worked on Defined Benefit plans and Employee Stock Ownership plans (ESOPs). My job includes drafting plans, adoption agreements, amendments, and IRS forms, with some work in setting up corporations and doing audits with the IRS. Having taken only two sick days in nearly a decade, I believe I bring many valuable qualities to my career: reliability, punctuality, attention to detail stemming from my engineering and Air Force backgrounds, flexibility, and the ability to communicate effectively. As a paralegal, one has to be willing to work outside his or her comfort zone, so I often volunteer for work with other paralegals, summarizing depositions or helping out in other areas of the law. To me, it is a great way to learn about different areas of law and meet new people in the field. Some time ago, Lissa BealkeMoore of GrayRobinson advertised that the new Orange County Bar Association Paralegal Section was looking for volunteers to be on the board. I was appointed and served a two-year term. This past May, I was elected the section’s secretary and treasurer.

My advice to those looking to become a paralegal is to get a good education. Although my journey was not a typical one, there are good schools that offer legal studies programs. Don’t be afraid to try something new or get involved – you just might like it!

While studying for my MBA, I was offered a summer internship with NASA in Houston, Texas. It was there that I met and married the love of my life, Sherrill, who is originally from Florida. We’ve been married for over 41 years.

For the next 26 years, I was on active duty with the U.S. Air Force. Assignments took me to Minnesota, Vietnam (near DaNang), Ohio, Crystal City, Virginia, the Pentagon, upstate New York, and El Segundo Air Force Base in Los Angeles, California. The Air Force gave me the opportunity to study at the Air Force Institute of Technology (AFIT) at Wright-Patterson AFB, where I obtained a master’s degree in electrical engineering with a major in digital systems.

In exchange for all of the relocations we made during my career with the Air Force, I promised my wife that I would one day consider moving our family to Florida. In March 1997, I did and soon began working as a systems/software engineer for the company TRW on the Joint Simulation System at Research Park near UCF. Later, I worked on the Semi-Automated Forces (OneSAF) program as a sub-contractor to Science Applications International Corporation.

Once we settled in to our new life in Florida, we moved my mother, who was suffering from Alzheimer’s, to Florida as well. After a few years, we found a good elder law attorney to help us with her care. During a meeting one day, our attorney mentioned that her husband was also an attorney and that he needed a temporary assistant. The husband’s firm specialized in pension or retirement and estate planning. I sent in my resume and landed the job. However, the attorney’s PAGE 26

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Phillip L. Gordin, FRP, is a paralegal with GrayRobinson, P.A. He has been a member of the OCBA since 2009.

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&boehm boehm Forensic Media Consulting

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PAGE 27

Presentation Skills for Lawyers “You Never Get a Second Chance…”

Harnessing the Power of Primacy

“Y

Elliott Wilcox

PAGE 28

ou only have one chunce to make a first impression.”

(I mean “chance.” Whoops!)

Whenever you walk into a courtroom, onto a stage, or into a meeting, you only get one chance to make that crucial first impression. You might be the smartest lawyer in the world, the most knowledgeable subject matter expert who exists, the “guru of gurus”… But, if your audience’s first impression is that you’re an unprepared, bumbling, babbling buffoon, none of those intrinsic qualities will matter. For the rest of the time you’re together, they’re going to have a difficult time overcoming that negative impression of you.

Why are first impressions so important? Now that we’re in the 21st century, aren’t we supposed to be beyond such superficial matters? Aren’t we supposed to judge each other by the content of our characters, rather than the cheesiness of our opening lines?

Well, we’re not. And we probably won’t be in the next century, either. That leaves you with two options. The first option is to change your audience’s mental processing framework so that they don’t judge you by your fumbling first impression. But if you choose that route, be forewarned that you’ve chosen an uphill battle. As the legendary speaker and business philosopher Jim Rohn once quipped, “There’s an old saying, ‘God judges us on the inside. People judge us on the outside.’

You say, ‘No, no, no… People shouldn’t do that.’

But here’s a clue: They do! They do!”

Attempting to get your audience to ignore their initial perception is a nearly impossible task, because you’re asking them to ignore a cultural and psychological principle called “primacy.” Boiled down to its essence, here’s the theory behind primacy: What you observe (and believe) first colors your perception of everything that follows. To see the power of primacy in action, compare these two stories: Johnny is a 36-year-old man who, earlier this morning, has joyously learned that he’s about to become a first-time father. He sits down on park bench near a playground and enjoys watching the children play. A young boy, about two years old, chases after a squirrel and toddles over toward Johnny’s park bench. The boy suddenly realizes he’s become separated from his mother and becomes scared. Johnny smiles a huge smile, walks towards the boy, and takes him by the hand.

www.orangecountybar.org

Now compare your feelings about that story to this one: Billy is a 36-year-old man who, earlier this morning, has joyously learned that he’s no longer required to register as a child sex offender. He sits down on park bench near a playground and enjoys watching the children play. A young boy, about two years old, chases after a squirrel and toddles over toward Billy’s park bench. The boy suddenly realizes he’s become separated from his mother and becomes scared. Billy smiles a huge smile, walks towards the boy, and takes him by the hand.

You probably had a powerfully different reaction to the second story, didn’t you? But why? The stories were almost completely identical, so why would your reaction be different to the second story? Obviously, changing just a single fact at the beginning of the second story made a huge difference in how you perceived Billy’s actions. That’s the power of primacy. By changing your initial perception of the scene or the actor, everything changes.

In fact, the power of primacy is so strong that if the order of the stories had been reversed, you would have assigned some negative motives to Johnny’s actions, too, and wondered if he didn’t have more nefarious intentions.

Since the power of primacy is so strong, you should probably forget trying to force your audience to overlook a negative first impression and, instead, go with the flow. That brings us to your second option, starting with a positive first impression. When you make a strong, favorable first impression, your audience will be more likely to listen to you, more likely to believe you, and more likely to be persuaded. Here are three quick fix-its for improving your first impression with any audience: “80 percent of success is showing up.”

– Woody Allen 1. Be early. When you’re running late to a presentation, a court hearing, or an interview, it’s impossible to focus on your presentation or on developing a positive first impression. Like the White Rabbit, your mind will be filled with a single thought: “I’m late! I’m late!” Even if you (barely) arrive on time, your mind will be too distracted to make a positive first impression.

Instead, factor in some additional time and get to your destination early. A few extra minutes is

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all it takes to focus on your message, rather than worry about whether you’re going to be late, so you can ensure that you make a positive first impression.

“Who are you? Who, who, who, who?”

– The Who

PUBLISH YOUR LEGAL NOTICES in the Gulf Coast Business Review

2. Survey your expected audience. Audiences aren’t homogeneous. Just because you’re speaking to a group of lawyers or group of law students doesn’t mean they’re all the same. Before you arrive at your speaking engagement, do some research and find out who will be in your audience. What is their background? What do they expect? Will the atmosphere be casual? Formal? Do they expect a platform presentation or an informal Q&A session?

Are you competing with other noises or events? Have they had previous speakers on the same topic? Do they need an introductory level presentation, or a master’s level thesis? The more you can learn in advance, the more prepared you’ll be, and the better the chances that your audience will think you’re the go-to expert.

“You better check yo self before you wreck yo self.”

– Ice Cube

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3. Inspect your technology beforehand.

One of the most common reasons speakers look buffoonish and make a negative first impression is because they don’t know how to operate their technology. Whether it’s the microphone that won’t turn on, the remote control that refuses to work, or the PowerPoint presentation that goes haywire and begins displaying your naked honeymoon photos, technology can make fools of even the best prepared presenter.

Make sure you familiarize yourself with your setup beforehand (another good reason to arrive early), and be prepared to present without it if something should go awry. The ability to recover from a tech disaster will show your professionalism, but avoiding the problem in the first place will guarantee you start off on the right foot.

The next time you’re asked to speak, whether it’s to a judge, a jury, or a group of potential clients, remember the power of primacy. By applying a few simple tips, you can put the power of primacy to work and ensure that your first impression is a positive one.

Litigation Support

Forensic Accounting

Adam T. Magill, MBA, AVA, CBA 801 Magnolia Ave, Ste 304, Orlando, FL 32803 407-233-4180 / 407-233-4182 Fax

Elliott Wilcox limits his trial practice to DUI cases. He has been a member of the OCBA since 2001.

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FoundationNews continued from page 16

Most of the students had recently observed televised court proceedings, gaining new insight into the justice system.

Judge Plogstedt fielded questions about various aspects of a jury trial and corrected much misinformation. As a result, the students themselves directed much of the discussion’s focus on jury service.

Judge Plogstedt discussed the educational, ethical, and professional requirements needed to become an attorney, along with the skills, dedication, experience, and legal standards necessary to become a judge. She discussed the various areas of law and practice. The students inquired about the daily docket of a judge and were surprised to learn about the heavy caseload.

Judge Plogstedt also stressed the value of hard work and dedication. She emphasized the importance of making educational and personal choices that will pro-

vide the most options in life. She ensured that the students fully understood that many of their current decisions could have effects upon their adult life. Judge Plogstedt told the students to explore their interests and follow their passion.

With the support of OCBA members, the Foundation will continue to improve the legal profession through educational programs like this one. The Orange County Bar Foundation serves as the OCBA’s outreach arm and focuses on community education. From the consequences of one’s actions, to how the judicial system works, to supporting the local schools, to mentoring, the Foundation aids local citizens in gaining a better understanding of the judicial system. The Foundation supports local High School Moot Court Competitions, Law Week programming, the Florida Supreme Court’s Justice Teaching Program, and other outreach programs.

Orange County Judge Antoinette D. Plogstedt serves on the OCBA Foundation and has been a member of the OCBA since 1994.

Richard S. Dellinger is a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. He serves as president of the OCBA Foundation and has been a member of the OCBA since 2000.

Richard S. Dellinger addresses students at Ocoee Middle School

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Renew Your Orange County Courthouse Access 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, or 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.

Go to the Orange County Bar Association at www.orangecountybar. org and download the application today.

Jane Q. Public attorney

tiOn ty Bar assOCia n u O C e g n ra O aCCess Card COurthOuse

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2013 • $75 • Purchasing card is optional for courthouse entry • OCBA membership is not required

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Issued: 11/01/11 Expires: 12/31/13

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CAMY B. SCHWAM-WILCOX, P.A. camy@cbswlaw.com P 407-245-7700 | F 407-245-1148

Gillmore

The Law Office of Camy B. Schwam-Wilcox, P.A. is Pleased to Announce

Camy B. Schwam-Wilcox, Esq. is now a

407.716.4795 GillmoreAccounting.com

Gillmore “Put my experience to work for you today”

F O R E N S I C ACCO U N TA N T • Estate, Trust, Probate & Guardianship Contests • Over 10 years Litigation Experience • Certified Public Accountant

Florida Supreme Court Certified Family Mediator

501 N. Magnolia Ave • Orlando, FL 32801

Ph: (407) 774-4949 Fax: (407) 774-4960 AnthonyDiaz@attorney-cpa.com

407.716.4795 GillmoreAccounting.com H O WA R D R . M A R S E E

& would like to welcome

Heather Juster, Esq.

Certified Circuit Civil Mediator Since 1996.

Member: Academy of Court-Appointed Masters.

Author: Utilizing Special Masters in Florida (Oct.today” '07 Florida Bar Journal).

“Put my experience to work for you Qualified to Mediate State & Federal Cases.

Certified Family Mediator Experienced Arbitrator of Complex Matters.

Gillmore •

• Certified Circuit Civil Mediator

• FORENSIC ACCOUNTANT • •

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Mediator  Special Master  Arbitrator

their new associate

to the Firm

F O R E N S I C ACCO U N TA N T

Approved Ninth Circuit Residential UpchurchMediator Watson White & Max Certified Mediator for Middle District of Florida 800-863-1462  uww-adr.com Qualified State Arbitrator Daytona Beach  Miami  Birmingham 501 N. Magnolia Ave •Maitland Orlando, FL 32801

Ph: (407) 774-4949 Fax: (407) 774-4960 adiaz@orlandomediationarbitration.com

www.orangecountybar.org

the Briefs August 2011 Vol. 79 No. 8

407.716.4795 GillmoreAccounting.com

FOR LEASE

Unique Opportunity to Lease an entire floor under 3,500 RSF! 100 South Orange Ave. Orlando, Florida 32801 Space Available: Up to 31,161 RSF on floors 2-10 Building Size: 39,256 SF Lease Rate: $19.00—$27.00 RSF Prime location...in the heart of downtown Orlando.

The building is located directly across the street from The Plaza which features upscale restaurants, retail, theatres and residential units. Only two (2) blocks from The Amway Events Center, City Hall and the soon to break ground Dr. P. Phillips Performing Arts Center.

For more information: Jeffrey D. Patterson jpatterson@equity.net Licensed Real Estate Broker

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407.948.1425

www.orangecountybar.org

PAGE 33

CLEs!

CLE QUICK SALE 5 Hours of CLE Credits Just Reduced to $45!!!

2.5 Ethic Credits included!!

Marketing to Maintain Trust Accounts Area of Law: General Exp. Date 9/30/2011

It’s easy, it’s quick, and it’s a bargain!

OCBA members – take advantage of this special pricing!

Call 407-422-4551, ext. 225 for details.

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Preferred Vendors

The Orange County Bar Association is pleased to provide you with a list of 2011 Preferred Vendors – a variety of businesses that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.

Advertising The Baker Press, Inc. Finest quality printing since 1968 Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 FindLaw, a Thomson Reuters business Websites and online marketing strategies To reach your local consultant, call 866-44-FINDLAW Living Magazines Inc./Vail Living Agency Innovative print & advertising design Catherine Hébert • P.O. Box 3905, Avon, CO 81620 • 970-331-6491 Banking M & I, a part of BMO Financial Group Strength and stability in banking Monica Christopher • 501 E. Kentucky Blvd., #900, Tampa, FL 33602 • 813-204-1962 Catering Arthur’s Catering, Inc. Your event is as important to us as it is to you! Call us today.

Mark A. Leggett • 860 Sunshine Ln., Altamonte Springs, FL 32714 • 407-331-1993 Legal Support Services LegalOne Partners, Inc. Paralegal firm outsourcing services to attorneys in most areas of law on an as-needed basis.

1004 Delridge Ave., Orlando, FL 32804 • 407-601-3966 • info@thinklegalone.com All Good Reporters, LLC Centrally located, All Good Reporters’ nationally certified real-time reporters “Capture Every Word”.

Rita G. Meyer • P.O. Box 536084, Orlando, FL 32853 • 800-208-6291 rgm@AllGoodReporters.com Access Investigative Services, Inc. Civil & Criminal Investigations, Process Service Peter Cerone • 6239 Edgewater Dr., Ste. D-13, Orlando, FL 32810 • 407-447-6053 Boehm & Boehm Forensic Media Consulting Certified Comprehensive Litigation Support Solutions Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 • 407-405-8483 Riesdorph Reporting Group, Inc. We are a full-service court reporting firm committed to excellence and professionalism.

Alex Guillermety • 150 N. Orange Ave., Ste. 418, Orlando, FL 32801 • 407-282-4067 Central Florida Reporters, Inc. Full-Service Court Reporting Firm Susan England • 105 E. Robinson St., Ste. 503, Orlando, FL 32801 • 407-422-5753 In Charge Education Foundation Online, Telephonic and Face to Face. Pre-filing Credit Counseling and Pre-discharge Debtor Education Beth Mason • 5750 Major Blvd., Ste. 310, Orlando, FL 32819 • 407-532-5759 Orange Reporting Florida’s Choice for Litigation Support Christa Walton • 1416 E. Robinson St., Orlando, FL 32801 • 407-898-4200 ProServe USA Service of Process/Skip Traces Rob Bamberg • 501 N. Magnolia Ave., Orlando, FL 32801 • 407-872-0707 Trial Consulting Services Trial Presentation, Research, Graphics, Video Rich O’Brien • 150 N. Orange Ave., Ste. 418, Orlando, FL 32801 • 407-367-4975 Westlaw, a Thomson Reuters business Westlaw, Legal Products and Services Barie Feuer • 407-749-9355 Charles Kiester • 321-356-5350 Miscellaneous Marsh U.S. Consumer, a service of Seabury & Smith, Inc. Professional Liability, Medical & Health Insurance Sharon Ecker • 3560 Lenox Rd., Ste. 2400, Atlanta, GA 30326 • 800-365-7335 Ext. 6435 Office Equipment/Services DEX imaging Copiers, Printers, Scanners & Document Management Michelle Nichols • 4126 John Young Pkwy., Orlando, FL 32804 • 407-294-4116 Professional Services JURIS Imaging & Graphics Providing Litigation Support Solutions to Law Firms throughout Central Florida. OCBA members receive 15% off by mentioning Vendor Marketplace Online.

Carlos Vivanco • 100 E. Pine St., Ste. 606, Orlando, FL 32801 • 407-425-4244

Let the Orange County Bar Association Help Build Your Practice!

Lawyer Referral and Information Service

T

he Lawyer Referral and Information Service is an excellent resource that will help you expand your client base and increase your income. In 2010, our LRIS program received more than 50,000 calls for the 280+ attorneys belonging to the program. Our LRIS Manager refers clients to you based on your practice area and the clients’ specific need. It’s a win-win situation!

For L R I S application forms and additional information, go to www.orangecountybar.org, or call our L R I S Manager at 407-422-4551, ext. 281.

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.

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Rainmaking

I

Are Your Marketing Efforts Turning to Dollars?

n a marketing workshop a while back, a client stood up and challenged me with the question, “Just how many times do I have to go to lunch with someone before they’ll send me business?”

Mark Powers

Shawn McNalis

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It’s a great question. And one that’s especially difficult to answer.

Sometimes the results of your marketing efforts show up swiftly, such as when you take a referral source out to lunch and he sends a client the very next day. Boom. The ratio is one lunch to one client and the payoff is clear. When business shows up this quickly, and sometimes it does, it’s a gratifying experience.

Then there are the times you take a referral source to lunch four or five times and they send nothing.

Ever. Your repeated attempts to cultivate a relationship fail miserably. You believe you have good rapport because they appear to like you – but no new business results. In stark contrast to your earlier success, the ratio here is five lunches to zero clients.

What makes marketing so unpredictable?

Many variables that come in to play: the level of relationship you have with the referral source, their access to good referable clients, whether or not they feel you can reciprocate, their standing relationships with other attorneys, their desire to see you succeed, etc.

The interplay of all these variables leads to wideranging results, making it difficult to answer the “How many lunches does it take?” question. But let’s take it one step further: With this lack of predictability, how can you tell whether your marketing efforts ever pay off?

By stepping back to take in the long view.

The sometimes-disappointing results of individual client development actions can be discouraging, and after a few disappointments many would-be rainmakers stop their efforts altogether.

But if they (and you) stay focused on major client development goals and keep marketing, you will see results.

Perhaps, like one of our clients, you want to increase the number of referrals you get from a certain type of referral source. We met with this particular client at the beginning of the year and examined his list of referral sources. We saw that certain attorneys provided his best referrals. We asked him to cultivate them further and get to know more attorneys of the same type. As we’ve

www.orangecountybar.org

said many times before, referrals often increase as the level of relationship increases. After a rough start in the first quarter, he became somewhat discouraged, but he stuck with his plan and increased his efforts. At the same time, he began measuring his outcomes. Sure enough, toward the end of the second quarter, the referrals started to pick up. Not only did he prove to himself he could market to a targeted group successfully, he was inspired to set larger goals.

Think of marketing as a game in which the scores accumulate over time. With marketing, you can’t manage what you don’t measure. Marketing retreats that set fresh objectives at the beginning of the year are a very effective way to focus on new strategies. Once you set those new strategies, you’ve created a game for yourself.

How do you tell whether you’re winning the game? By keeping score.

To win the marketing game, you’ve got to focus on two areas of play: getting the clients to call your office, then converting the clients from “potential” to “paying” clients.

Our best advice on getting clients to call your office is to engage, at a minimum, in three substantial marketing contacts a week. That means you’ll have over a hundred targeted contacts over the course of a year. Spend your time with the right kind of referral sources and this level of activity will get clients to call.

Once they do, the game changes and your job is to lead them through the chain of events involved in signing them up. Measuring how you do at each of these steps is critical to improving your effectiveness. All of these statistics can be tracked on a simple chart (often kept at the receptionist’s desk). The statistics can be compiled each quarter and analyzed at the end of each year to evaluate whether or not progress was made.

The first bit of data to collect is the number of inquiry calls. Not only will you want to capture who called and how many called per month, but also where the calls originated. Were they from specific categories of referral sources (CPA, attorney, doctor, etc.), the telephone book, or past clients? An upward trend in the number of clients who come from your referral sources, measured month to month, should indicate that your marketing is getting new clients to call.

Now you have to get them from the call to the office. You want a high number of callers to

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HONEYWELL MEDIATION schedule an initial consultation, so track this percentage. This tells you how successful the person who’s conducting the intake calls is at bringing interested clients in the door. It may be you, it may be your associate or an experienced staff person – whoever it is should aim to get 80% to 90% of qualified clients (keep in mind some clients are price shopping and shouldn’t be scheduled) in for a consultation.

Next you want to track the number of consultations with potential clients who then become paying clients. This measures the effectiveness with which you are converting them. No one is successful all of the time, but attorneys who are the most successful typically convert 85% to 95%. Learn what your conversion ratio is so you can improve your consultation approach. We work with attorneys all the time who rework their consultation strategies and measure their results to see whether they’ve improved. If someone who is at the top of his game, like Tiger Woods can break down his swing and rebuild it to be more effective, you can do the same thing with your consultation.

It’s well worth spending time to sharpen your skills. If your marketing efforts bring in 10 clients one month, but you only convert 50% of them, you’ve lost all the time, money, and effort that went into getting half of them there. Life is easier on those who convert a greater percentage of potential clients. They don’t have to market twice as hard to make up for their inability to close the client.

Finally, the last statistic to track is your average fee per file. Most attorneys watch for an increase in the raw number of files they open, but we advise you to take it a step further. Why? Because opening 100 files at an average fee of $5,000, for example, is not as good as opening 75 files with an average fee of $7,000.

The first scenario generates $500,000 in revenue – not bad, but the second gives you an additional $25,000 for a total of $525,000 – and you opened fewer files. Do the math using your own metrics. This approach typically translates to working fewer hours and generating more income.

To achieve this goal, you must market yourself intelligently. To begin the process, establish what your average fee per file is presently by looking back at the cases you’ve opened in the last year. One way to do this is to have your bookkeeping software print out a list of cases, files, or clients for the last year, in descendthe Briefs August 2011 Vol. 79 No. 8

& Other Alternative Dispute Resolution Services ing order of value. Print a hard copy of intelligently. To win at the game of marketthis, then jot down the referral source for ing, you’ve got to be good at every aspect of each case as you read through the list. It the game and learn to keep score. Because, should be obvious who sends you higher- in the words of the great Yogi Berra, “You dollar business – theBut names will be cluscanbetter see a lot, He or she should. any mediator can relate if hejust by watching.” hasatwalked theofpath walking and fully tered the top theyou list.and your client are Mark Powers, President of Atticus, Inc., and understands the complex and competing goals of allMcNalis parties to Shawn co-authored How Good AttorFocus on cultivating these people – and your dispute.

Become Great Rainmakers and Time Manothers like them. If one CPA, psycho- neys agement for Attorneys, and are featured writers Visit my website: www.honeywellmediation.com to find therapist, or tax attorney sends you great for Lawyers, USAand and a number of other publicawho I am, my online schedule, my educational blog, work, Get know tions. To success learn more about the work that Atticus whatclone I offer him. you and yourtoclient whomore may be seeking (www.atticusonline.com) does with attorneys or potential referral sourcescredentials in the same without trial.

My unique and experience can be a the Atticus Rainmakers™ (www.atticusrainmakfield.

The fact you have one good referuseful and valuable added resource in findingers.com) resolution to your program, please visit or call 352-383ral client’s sourcedispute. of this type means you can 0490 or 888-644-0022. cultivate others. If your referral sources Circuit Civil Mediator • Certified Appellate Mediator are not• Certified competitive with one another, • Certified Federal Court Mediator • Board Certified Civil Trial Lawyer ask the one you know well to introduce you to his or her colleagues. If it’s not Call Honeywell Mediation appropriate to ask for an introduction like /Mediation, this, get to Inc: know other professionWinter 407-647-5155 als on yourPark: own.

Targeting those who Florida:but will send will Orlando-Central not only send business, 407-294-7000 very good business, is the essence of smart Statewide-National: 800-741-7000 marketing.

Does your mediator relate to your client’s issues?

Neutral, convenient conference Make sure your marketing efforts transon Lee Road in Winter Park. late facilities into dollars by doggedly sticking Available anywhere in Central goals Florida without travelwhen charge. Dan H. Honeywell with your marketing – even it’s discouraging. Capture your market1/4 page OCBA The Briefs, 2011 ing statistics to understand and July improve your conversion rates in the chain of events that lead a client from potential to paying, and target your referral sources

HONEYWELL MEDIATION & Other Alternative Dispute Resolution Services

Is my dispute too small?

NO. Any dispute of any size is the most important dispute for that client. And each client is your most important client. Therefore, every dispute regardless of size deserves only the best energy, innovation and effort of your mediator, every time.

Dan H. Honeywell Visit my website: www.honeywellmediation.com to find who I am, my online schedule, my educational blog, and what I offer you and your client who may be seeking success without trial. My unique credentials and experience can be a useful and valuable added resource in finding resolution to your client’s dispute.

• Certified Circuit Civil Mediator • Certified appellate Mediator • Certified Federal Court Mediator • Board Certified Civil Trial lawyer

Call Honeywell Mediation/Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 • Statewide-National: 800-741-7000 Neutral, convenient conference facilities on Lee Road in Winter Park.

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▲ Forensic “Invisible Crime” Investigations – Elder/Senior Theft & Fraud ▲ Expert Probate Litigation Support ▲ Experienced Trustee, Special Fiduciary & Personal Representative ▲ Accurate Fiduciary Accountings Altamonte Springs, FL • 407-869-0052 • fltaxpert@aol.com For more information, visit: WWW.FLTAXPERT.COM

Our focused resources are your strategic assets.

www.orangecountybar.org

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New Associates Min K. Cho – Holland & Knight Stan Khomenko – Jill S. Schwartz & Associates, P.A. W. Robert Sherry – Jill S. Schwartz & Associates, P.A.

Board Certification Mark M. O’Mara, Mark O’Mara, P.A. – Marital and Family Law

Transitions Eloise Fox Woods – Long-time former executive director of the Orange County Bar Association, Eloise Fox Woods, passed away on June 22, 2011, in New Smyrna Beach, Florida.

She is survived by her daughter Stacey Bolon and husband John of Franklin, North Carolina, two grandchildren and their families. The OCBA expresses its deep appreciation of Eloise’s dedication to the bar, and we extend our heartfelt sympathy to the family.

Speaking Engagements Andy Rock spoke at the Florida Insurance Fraud Education Committee Conference (FIFEC) June 2011. He spoke about legal issues in fraudulent property claims.

Jill S. Schwartz of Jill S. Schwartz & Associates, P.A., spoke at the Florida Bar 11th Annual Labor & Employment Law Certification Review Course regarding Common Law Employment Claims.

David H. Spalter of Jill S. Schwartz & Associates, P.A. spoke at the Florida Bar 11th Annual Labor & Employment Law Certification Review Course regarding the Fair Labor Standards Act.

Published Dennis Wall’s article addressing the issue of “Discovery of Claims File Materials in Bad Faith Cases: the Florida Experience” has just been published in Insurance Litigation Reporter.

Events Sept. 30 – YLS 20th Annual Golf Tournament, 8:00 a.m., Reunion Resorts Golf Course. Contact: Brett Renton at brenton@shutts.com or Jerry Lee Hanberry at jerry. hanberry@brockandscott.com.

Seminars Aug. 6 – Research and Writing Bootcamp. Paralegal Section.

7:30 a.m.-1:30 p.m. Barry University, 6441 E. Colonial Drive, Orlando, Florida 32807. CLE pending. Speaker: Elizabeth Megale, Esq., Assistant Professor of Law at Barry University.

Contact: Amy Guy at 407-601-4905.

Aug. 9 – Basic Dissolution of Marriage with Children for Pro Bono Attorneys (Part 2). Legal Aid Society Lunchtime Training. (GAL topic) 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speaker: Angel Bello–Billini, Attorney. Free for members. Contact: ctucker@legalaidocba.org; mcarbo@legalaidocba.org.

Aug. 11 – Brown Bag Lunch with Judge John M. Kest. Topic: TBA. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Free. Please tell security that you will be attending the Brown Bag Lunch.

Contact Diane Iacone at 407-836-0443 or ctjadi1@ocnjcc. org.

Aug. 19 – Financial Primer for Family Law Attorneys. Family Law Committee Major Seminar. 11:30 a.m.-5:00 p.m. OCBA Center. CLE: 5.0. Speakers: Trevor K. Brewer; Deborah Musbach; Howard Zufelt; Lynn Esko; Thomas Gillmore. Fee: $45 members; $65 non-members. Late fee applies after deadline. Registration deadline: August 12. Contact: mariew@ocbanet.org.

Aug. 23 – The Foster Care System and Teen Parents. Legal Aid Society Lunchtime Training. (GAL Topic) 12:00 p.m.-1:30 p.m.

Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speakers: Doris Mackey, GAL Case Coordinator; Cara Dobrev, Attorney. Free for members.

Contact: ctucker@legalaidocba.org; mcarbo@legalaidocba. org.

Aug. 30 – Perspectives from the Bench. Solo & Small Firm Committee. 12:00 p.m.-1:00 p.m. OCBA. CLE: 1.0. Speakers: Judges Tim Shea, Heather Higby, Marc Lubet. Contact: mariew@ocbanet.org.

Aug. 31 – OCBA’s Diversity Summit – Providing a Roadmap to Implementation. OCBA Diversity Committee Major Seminar.

12:30 p.m.-4:45 p.m., reception to follow. OCBA. CLE: 4.0, including 1.0 ethics. Speakers: Diego “Woody” Rodriguez; Teresa Sebastian; Paula Shives; Joan Bullock. Moderator: Paul Perkins. Fee: $50 ($60 late). Registration deadline: Aug. 19. Contact: mariew@ocbanet.org.

Sept. 8 – Brown Bag Lunch with Judge John M. Kest. Topic: TBA. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Free. Please tell security that you will be attending the Brown Bag Lunch. Contact Diane Iacone at 407-836-0443 or ctjadi1@ocnjcc.org.

Sept. 13 – Public Benefits. Legal Aid Society Lunchtime Training.

12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speaker: Edward Dimayuga, Attorney. Free for members. Contact: ctucker@ legalaidocba.org; mcarbo@legalaidocba.org.

Sept. 27 – Basics of Guardianship Law. Solo & Small Firm Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: TBA. Contact: mariew@ocbanet.org.

Sept. 27 – Mental Health Disorders in Children. Legal Aid Society Lunchtime Training (GAL Topic). 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speaker: Jennifer Schmidt, GAL Case Coordinator. Free for members. Contact: ctucker@ legalaidocba.org; mcarbo@legalaidocba.org.

For updates, please check the OCBA website calendar.

An n o u ncements

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PAGE 39

Ne w M e mbers

Regular

Lisa M. ACHAREKAR

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2420 Joshua E. ADAMS

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-1114 Oluwaseun O. ADULOJU

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2134 Crystal S. ALLEN

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2400 Courtney C. BAHE

Kelley, Kronenberg, Gilmartin, et al.

20 N. Orange Ave., Ste. 1207 Orlando, FL 32801 407-648-9450 Karen C. BANKOWITZ

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2402 Troy BEECHER

Marshall, Dennehey, Warner, Coleman & Goggin 315 E. Robinson St., Ste. 550 Orlando, FL 32801 407-420-4413 Jennifer E. BELBECK

Jennifer Belbeck 1674 Lakemont Ave., #102 Orlando, FL 32814 407-608-9840 Benjamin S. BOUTTY

The Boutty Law Firm, P.A. 1800 Pembrook Dr., Ste. 300 Orlando, FL 32810 407-883-1024 Christopher E. BROWN

7700 Elvaruma Ave. Orlando, FL 32809 321-662-1585

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Cesery L. BULLARD

Robert J. GRIMALDI

Abbey B. MORROW

Brian E. CATELLI

Marshall S. HARRIS

Sawsan MOHIUDDIN

Shannon E. CORACK

Sonia M. HENRIQUES

Jean M. MOSES

Courtney M. CROSSLAND

Justin R. INFURNA

Theresa A. PAYNE LAZAR

Christopher R. D’AMICO

Kristen K. JOHNSON

Renee V. PEPPY

Bullard Law P.O. Box 2767 Orlando, FL 32802 407-648-9530

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-1173 State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2420

KEL Attorneys 111 N. Magnolia Ave., Ste. 1500 Orlando, FL 32801 407-513-1900 Dean, Mead, Egerton, et al.

800 N. Magnolia Ave., Ste. 1500 Orlando, FL 32803 407-428-5122 Teris J. DEITSCH

Jennifer C. Frank, P.A. 220 Lookout Pl., Ste.150 Maitland, FL 32751 407-629-2208 Neil P. DISPIRITO

Rumberger, Kirk & Caldwell 300 S. Orange Ave., Ste. 1400 Orlando, FL 32801 407-872-7300 Raymond M. DOMINICK

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2400

Jennifer N. EDWARDS

Hill, Adams, Hall & Schieffelin, P.A. P.O. Box 1090 Winter Park, FL 32790 407-628-4848 Christy L. GLASS

Veterans Affairs 5201 Raymond St. Lakemont Campus, Rm. 101 Orlando, FL 32803 407-646-4904

State Attorney’s Office 425 N. Orange Ave. Orlando, FL 32801 407-836-2400

Quality One Wireless, LLC 1500 Tradeport Dr. Orlando, FL 32824 407-857-3737 State Attorney’s Office 2000 E. Michigan St. Orlando, FL 32806 407-836-7550

Kaufman, Englett & Lynd, PLLC 111 N. Magnolia Ave., Ste. 1600 Orlando, FL 32801 321-289-5522 Wicker, Smith, O’Hara, McCoy & Ford P.A. 390 N. Orange Ave., Ste. 1000 Orlando, FL 32801 407-843-3939 Alan D. KALINOSKI

Dean, Ringer, Morgan & Lawton, P.A. 201 E. Pine St., Ste. 1200 Orlando, FL 32801 407-422-4310 Michael J. KATZ

Roetzel & Andress, LPA 420 S. Orange Ave., 7th Flr. Orlando, FL 32802 407-896-2224 Mary A. KAUTZMAN

Mary A. Kautzman, Attorney at Law 918 Algare Loop Windermere, FL 34786 703-395-1257 Leannette M. LATHAM

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2400

Sherine M. MAKAR

Greenspoon Marder, P.A. 201 E. Pine St., Ste. 500 Orlando, FL 32801 407-425-6559

www.orangecountybar.org

Greenspoon Marder, P.A. 201 E. Pine St., Ste. 500 Orlando, FL 32801 407-425-6559 State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2400

Men’s Divorce Law Firm 938 Lake Baldwin Ln. Orlando, FL 32814 407-896-2677 State Attorney’s Office 425 N. Orange Ave. Orlando, FL 32801 407-836-0424

Renee V. Peppy 6107 Grosvenor Shore Dr. Windermere, FL 34786-5660 407-876-6879 Gregory J. PRUSAK

Kubicki Draper, P.A. 201 S. Orange Ave. Orlando, FL 32801 407-245-3630 Juna M. PULAYYA

Law Offices of Juan C. Burgos, P.L. 8421 S. Orange Blossom Tr., Ste. 205-264 Orlando, FL 32809 407-505-4190 Emily J. REARDON

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2400 Elizabeth S. RICE

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2415 Jenny R. ROSSMAN

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-1372

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Melanie M. RUTA

Melanie Ruta P.O. Box 3826 Orlando, FL 32802 Gabrielle N. SANDERS

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-4000 Lindsey SHARP

Lindsey M. Sharp, P.A. 730 E. Strawbridge Ave., Ste. 100 Melbourne, FL 32901 321-951-7600 Rebecca S. SINCLAIR

Kaufman, Englett & Lynd, PLLC 111 N. Magnolia Ave., Ste. 1600 Orlando, FL 32801 407-516-1900 Ruth E. SINGER

Dawn WILLIAMS

State Attorney’s Office 425 N. Orange Ave. Orlando, FL 32801 407-836-1675 State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-1226

Singh Law Group, P.A. 5926 S. Orange Ave. Orlando, FL 32809 407-385-0201 A.J. STANTON III

Stanton & Gasdick, P.A. 390 N. Orange Ave., Ste. 260 Orlando, FL 32801 407-423-2503 Ronalda M. STEVENS

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2422 Julie A.TYK

Bobo, Ciotoli, Bocchino, White & Buigas, P.A. Landmark Center One 315 E. Robinson St., Ste. 510 Orlando, FL 32801 407-849-1060

Linda B. HAYES

The Elder Law Center of Kirson & Fuller 801 N. Magnolia Ave. Ste. 204 Orlando, FL 32803 407-422-3017

Elisabeth M.YERKES

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2414

Aaron J. ZMARZLINSKI

William S. ENGLAND

Butler & Hosch 3185 S. Conway Rd. Orlando, FL 32812 407-381-5200

State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2400

Amrita D. SINGH

Rosemary E. FANSHER

Jennifer R. GREEN

Carly S. WISH

Chalon C.YOUNG

Law Student

Orange County Government 425 N. Orange Ave. Ste. 120 Orlando, FL 32801 407-836-2116

Matthew R. WILLIAMS

Ringer Henry Buckley & Seacord, P.A. 14 E. Washington St., Ste. 200 Orlando, FL 32801 407-841-3800

Affiliate

Megan HESSION

Chalon C. Young, Esq. 150 N. Orange Ave., Ste. 414 Orlando, FL 32801 407-426-9020

Legal Aid Society of the OCBA 100 E. Robinson St. Orlando, FL 32801 407-841-8310 Janice E. HINTON

Rumberger, Kirk & Caldwell, P.A. 300 S. Orange Ave. Ste. 1400 Orlando, FL 32801 407-839-4556

Aaron Zmarzlinski 2624 Brompton Ct. Orlando, FL 32833 321-394-6769

Brenda J. WOMBLE

Associate Michele LA ROLLINS

L.A. & Associates 13820 Old St. Augustine Rd. Jacksonville, FL 32258 904-829-8282 Alexandra M. STEINBERG

Law Offices of Alexandra M. Steinberg 12228 Venice Blvd., #107 Los Angeles, CA 90066-3814 310-302-9100

Arnold, Matheny & Eagan, P.A. 605 E. Robinson St. Orlando, FL 32801 407-841-1550 Gidget A. ZOOK

Burr & Forman, LLP 369 N. New York Ave., Ste. 300 Winter Park, FL 32789 407-647-4455

1050 Jib Dr., Apt. 210 Orlando, FL 32825 321-794-5726 Brooks N. GENTRY

P.O. Box 7495 Seminole, FL 33775 Robert GIDEL

330 S.W. 27th St. Gainesville, FL 32607 941-539-3223 Pamela G. MARTINI

627 Ridgewood Dr. Windermere, FL 34786 407-353-6615 Norda N. SWABY

2164 N. McCullough Rd. Avon Park, FL 33825 863-201-9124 Julie A. WHEELER

eSchool Solutions, Inc. 604 Courtland St. Ste. 300 Orlando, FL 32804 407-803-4238

Paralegal Student Leig M. FILETTI

Marshall, Dennehey, Warner, Coleman & Goggin 315 E. Robinson St. Ste. 500 Orlando, FL 32801 407-420-4380 Yasmin A. IRIZARRY

6910 Ranchero Ct. St. Cloud, FL 34771 407-892-6339

Griffin & Linder, P.A.

Andrew J. URBANAK

Welcomes

Catherina WATTERS

As an Associate Specializing in Personal Injury & Professional Malpractice

Jackson Adams

Kubicki Draper, P.A. 201 S. Orange Ave., Ste. 475 Orlando, FL 32801 407-419-3827

28 E. Washington St. • Orlando, FL 32801 407.425.2518 jadams@griflaw.com // www.griflaw.com

Chang Watters Group, P.A. 7380 Sand Lake Rd., Ste. 500 Orlando, FL 32819 407-351-5151 the Briefs August 2011 Vol. 79 No. 8

www.orangecountybar.org

PAGE 41

100% Allen & Murphy, P.A. Marcus & Myers, P.A. Allen, Norton & Blue, P.A. Marshall, Dennehey, Warner, Coleman & Goggin, P.A. Amy E. Goodblatt, P.A. McElyea & Barnard, P.A. Anthony-Smith Law, P.A. McMichen, Cinami & Demps Billings, Morgan & Boatwright, LLC McMillen Law Firm, P.A. Bodiford Law Group Michael R. Walsh, P.A. Congratulations to Members Bonus McCabe Law Firm Mooney Colvin, P.L. of the OCBA’s 100% Club Bull and Associates, P.A. Murrah, Doyle and Wigle, P.A. Burr & Forman LLP N. Diane Holmes, P.A. Calandrino Law Firm, P.A. Neduchal & MaGee, P.A. Carr Law Firm, P.A. Ossinsky & Cathcart, P.A. Carsten & Ladan, P.A Page, Eichenblatt, Bernbaum & Bennett, P.A. Chaires, Brooderson & Guerrero, P.L. Provencher & Simmons, P.A. Cohen Battisti, Attorneys at Law Ringer Henry Buckley & Seacord, PA DeCiccio & Johnson Rumberger, Kirk & Caldwell, P.A. Dellecker Wilson King McKenna Ruffier & Sos, LLP Sawyer & Sawyer, PA Dempsey & Associates SeifertMiller, LLC Dewitt Law Firm, P.A. Southern Trial Counsel, PLC Diaz Law Stovash, Case & Tingley, P.A. Earle & Smith Trial Attorneys Tangel-Rodriguez & Associates Englert, Leite & Martin, P.L. The Aikin Family Law Group Faddis & Faddis, P.A. The Brennan Law Firm Fishback, Dominick, Bennett, Stepter, Ardman, The Carlyle Appellate Law Firm Ahlers & Langley, LLP The Draves Law Firm, P.A. Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A. The Elder Law Center of Kirson & Fuller Swann & Hadley, P.A. Giles & Robinson, P.A. The Law Office of Frank A. Hamner, P.A. Gregory S. Martin & Associates, P.A. The Law Offices of Terry L. Bledsoe, P.A. Grossman & Grossman, P.A. The Marks Law Firm, P.A. Harris, Harris, Bauerle & Sharma The McMahon Law Group, P.A. Hilyard, Bogan & Palmer, P.A. The Morsch Law Group Innes Law Firm The Rosenthal Law Firm, P.A. James H. Monroe, P.A. The Skambis Law Firm Jill S. Schwartz & Associates, P.A. Troutman, Williams, Irvin, Green, Helms, Polich & Hemphill P.A. King, Blackwell, Downs & Zehnder, P.A. Vose Law Firm, LLC Kirkconnell, Lindsey, Snure, & Ponall, P.A. Warner + Warner, P.L. Korshak & Associates, P.A. Weiss, Grunor & Weiss Kosto & Rotella, P.A. West, Green & Associates, P.L. Law Office of Frank P. Remsen, P.A. Wicker, Smith, O’Hara, McCoy & Ford, P.A. Law Offices of Blair T. Jackson, P.A. William G. Osborne, P.A. Law Offices of Neal T. McShane, P.A. Winderweedle, Haines, Ward & Woodman, P.A Law Offices of Walter F. Benanati Credit Attorney, P.A. Wolff, Hill, McFarlin & Herron, P.A. Legal Aid Society of the OCBA Wooten, Kimbrough and Normand, P.A. Lewis & Crichton, Attorneys at Law Yergey and Yergey, P.A. Lynn B. Aust, P.L.

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.

PAGE 42

CLUB www.orangecountybar.org

the Briefs August 2011 Vol. 79 No. 8

CLASSIFIED ADS EMPLOYMENT ATTORNEYS WITH 3 + YEARS of mergers, acquisitions, sales and corporate transactional experience wanted for Orlando and new Villages Offices of Bogin, Munns & Munns. Great opportunity to join dynamic firm. Send resume in confidence to reply box 701.

ESTATE PLANNING/PROBATE ATTORNEYS with 3 + years experience wanted for Melbourne, Orlando and new Villages Offices of Bogin, Munns & Munns. Great opportunity to join dynamic firm. Send resume in confidence to reply box 701.

ALVAREZ, SAMBOL & WINTHROP, P.A, A Full Service AV rated firm has immediate openings for Commercial Litigation and General Liability Practice Groups. Successful candidates will have five to ten years experience.

Portable business is a plus. Please forward resume in confidence to, Firm Administrator, Alvarez, Sambol & Winthrop, P.A., P.O. Box 3511, Orlando, Florida 32802 or email to hrf@aswpa.com.

DOWNTOWN ORLANDO AVRATED CIVIL LITIGATION FIRM seeks associate attorney with 2 to 5 years experience with insurance defense and commercial litigation. Send resumé, writing sample and brief cover letter outlining past successes and salary requirements to: jean@hrkmlaw.com.

ORLANDO BASED A-V RATED FIRM seeks attorney experienced in family law. General litigation experience a plus. Creative compensation packages available with excellent benefits and working conditions. Send resume in confidence to denise@boginmunns.com or fax to 407-578-2128.

“AV” RATED CIVIL LITIGATION FIRM seeking litigation attorneys for our Orlando office. Minimum 5 years litigation experience. Strong advocacy skills required. We offer competitive salary, plus comprehensive benefits package.

Send resume to: Hiring Partner, Ogden, Sullivan & O’Connor, PA, 113 S. Armenia Avenue, Tampa, FL 33609, or to cbostic@ogdensullivan.com SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys with 3-5 and 5-10 years litigation experience for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751 “AV” RATED ORLANDO LAW FIRM, seeks attorneys, one with one to three years’ experience and one with five plus years’ experience for its commercial litigation practice, employment law experience helpful but not required.

Creative incentive based compensation arrangements available. Reply in confidence to denise@boginmunns.com or fax to 407-578-2128.

the Briefs August 2011 Vol. 79 No. 8

ORLANDO FIRM SEEKS BI-LINGUAL ATTORNEY with 2-4 years experienced personal injury attorney for our trial team. Outstanding opportunity to join growing dynamic firm with excellent benefits and compensation package.

Send resume in confidence to reply box 701.

DOWNTOWN ORLANDO AV RATED FIRM seeks attorney with 2 years commercial litigation experience.

Great work environment and excellent benefit package. Send resume in confidence to Administrator, P.O. Box 3388, Orlando, Florida 32802-3388 EXPERIENCED COMMERCIAL REAL ESTATE PARALEGAL NEEDED for very busy downtown Orlando law firm with growing commercial Real Estate practice. Strong banking experience is a MUST. Must have a proactive attitude toward work assignments.

Great work environment and competitive salary and benefits. Send resume in confidence to jholt@southmilhausen. com or via facsimile to (407) 539-2679.

OFFICE SPACE SHARED

SHARE NEWLY RENOVATED OFFICE DOWNTOWN Class A Bldg. - Covered Parking - Conference Room - All Facilities Included. Please contact Eddie Reiss at 407-447-5884 or emrholdings@aol.com.

NICE SIZE OFFICES AVAILABLE for sublease. Two attorneys in large suite with shared receptionist, ample free parking; 2 conference rooms; 2 kitchens, copier & fax machines included.

ESTABLISHED DOWNTOWN FAMILY LAW AND CRIMINAL LAW PRACTITIONER seeks to partner with established practitioner to assist in sharing of overhead and building mutual, complementary practices. Call (407) 898-3150 ask for Elaine or e-mail: elainebarbour@yahoo.com.

DOWNTOWN OFFICE SPACE: Luxury office space for space sharing across from courthouse for one attorney and separate, adjoining space for one staff. Garage parking, shared reception area, receptionist, conference room, library, kitchen, copier, fax and Internet included. 407-425-4044

OFFICE SPACE FOR SALE/RENT/ LEASE

OFFICE BUILDING/SPACE: MAITLAND AVENUE – Completely renovated three story historic house (circa 1920). Hardwood floors, porches, large offices and conference room, ample parking, monument signage on Maitland Avenue, available immediately. Please contact John Finnigan at 407-478-3700 or email John@Finniganlaw.com.

4 OFFICES ¼ MILE NEAR ORANGE COURTHOUSE, waiting

To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association, P.O. Box 530085 • Orlando, FL 32853-0085

and conference room included, $375 each. Contact Shon Douctre 407-6940651.

OFFICE SPACE AVAILABLE (along with secretarial space) 1-5 offices Midway between Orange and Seminole County Courthouses Easy access on and off Interstate 4 Lobby, 2 Conference Rooms, each with a flat panel TV Breakroom, Restrooms, Phones, Copier, Receptionist to answer phones 781 Douglas Ave., Altamonte Springs Contact Tracey at (407) 389-4LAW(4529) LOCAL OPHTHALMOLOGIST LOOKING TO LEASE fully furnished, move-in ready, luxury downtown condo. 2 bedroom, 2 bath, with parking space. Perfect for new law associate. Available August 1, 2011. $2400 monthly, 7 month minimum. This condo is directly lakefront with floor to ceiling windows and amazing panoramic views from your 14th floor balcony of Lake Eola, Thornton Park, and Disney.

The building features 24 hour security, concierge, with pool and spa, 2 fitness centers, conference rooms, and cyber café. Walk to restaurants, grocery, shopping and more. Great downtown location convenient to everything. Contact Anne, 407-595-5716 FOR LEASE–Thornton Park/Colonial Town. 1200 S.F. Free standing building.

Oak floors, French doors. 2 private offices, conference room, reception. Eat-in kitchen/beak room/storage. On site parking. Wheelchair ramp. Call REALTOR/owner 407-894-4077 and see web site: www.robinsonstreetoffice.com.

OFFICE BLDG FOR SALE / LEASE: Near intersection of Kaley & Ferncreek Ave. Convenient to Downtow &/or Juvenile Ct. on Michigan St. 1600 sq. ft. Open floor plan with separate executive office and conference room.

Owner financing available. Call John @ (407) 222-6712 FERNCREEK PROFESSIONAL CENTER – FIRST MONTH FREE upon signing one year lease. Office space available just minutes away from downtown Orlando. Free parking and signage on busy road. Receptionist, conference rooms, phone system, fax machine, copier, high speed DSL, scanner, and other services provided. Call (407) 898-4848.

LAW OFFICE AVAILABLE; private, second floor suite, approximately 1000 square feet overlooking Lake Ivanhoe.

Available immediately. Ample parking; contact: david@yergeylaw.com; 407-8430430 office; 407-247-8756 cell. David Yergey, Jr. is an OCBA member VIRTUAL OFFICE SPACE AVAILABLE-convenient downtown location.

Full service including receptionist, mail service, conference rooms, fax machine, copy machine, etc. Package rates available-customize according to your needs.

Call Cori at 407-956-1000 for pricing and more details.

www.orangecountybar.org

OFFICE SPACE AVAILABLE FOR RENT. Approximately 1,537 sq ft., with furniture, phone system, receptionist area and 4 window offices, 2 large enough for attorneys and 2 for paralegals. Attorneys preferred. Please contact Denise Singler at 407-578-1334 or e-mail denise@ boginmunns.com.

OFFICE/CONFERENCE SPACE FOR RENT: Downtown Orlando Executive Business Center- newly renovated fully furnished offices for rent. Includes: live receptionist, phone, internet, conference/mediation/seminar space, and FREE parking. Contact Janna (407)4471919 for more information.

OFFICE BUILDING/SPACE: DOWNTOWN - Completely Renovated and Upgraded Old Two-Story House (Circa 1919), Hardwood Floors/ Wood Trim, parking - MUST SEE. (407)648-1500 DOWNTOWN – NEAR COURTHOUSE - Elegantly restored historic building on the corner of E. Pine and Court Street. Offices for 1-6 attorneys and staff. Share receptionist, conference rooms, etc. 407-426-2060 or tmhoepker@yahoo.com FURNISHED SUITES – near downtown, free-standing bldg w/ dedicated parking, includes phone, Internet, utilities, conf room, lobby area and secretarial space. Monthly lease. $1000 – Call Becki at 407-481-2888. www.BumbyOffices.com

PROFESSIONAL SERVICES RETIRED CIVIL TRIAL ATTORNEY seeks part time work on hourly basis. AV-Rated 407-862-6674 APPELLATE BRIEF WRITING – both civil and criminal. Competitive rates. Contact Katharine Ballingrud. khballin@gmail.com; (407) 514-2621.

ATTORNEYS PHOTOS SPECIALS - Now is the time to Update your professional bio Photos. Our exclusive Digital Slimming and Digital Makeup makes your new photo the best ever 407-240-4954 Orlandophotographer. com/attorneys THE LEGAL MEDICINE GROUP - “Excellence in Medical Records PreScreening Reviews and Affidavits”. * Litigation Support Services * All Board Certified Reviewers and Expert Witness * Medical Malpractice, Personal Injury and Product Liability * 407-790-4080 legalmedicinegroup@yahoo.com www. legalmedicinegroup.comScreening Reviews and Affidavits”. * Litigation Support Services * All Board Certified Reviewers and Expert Witness * Medical Malpractice, Personal Injury and Product Liability * 407-790-4080 legalmedicinegroup@yahoo.com www. legalmedicinegroup.com

PAGE 43

OCBA Calendar

Bill Sublette

Chair, Orange County School Board Thursday, August 25, 2011 11:30 a.m.

The Ballroom at Church St. RSVP by Friday, August 19, 2011 reservations@ocbanet.org

AUGUST - SEPTEMBER 2011

Sponsored by: Marsh U.S. Consumer, a service of Seabury & Smith, Inc.

August Section 6 Paralegal

Research and Writing Bootcamp

24 OCBA Luncheon 25 Bill

Sublette, Chair, OCPS Board

Judicial Relations Committee 12:15 p.m. • Courthouse 21st Flr. Conference Rm.

Appellate Law Committee 12:00 p.m. • Bar Center

7:30 a.m. • Barry University

11:30 a.m. • The Ballroom at Church Street Sponsor: Marsh U.S. Consumer, a service of Seabury & Smith

9

LAS Lunchtime Training (GAL Topic) Basic Dissolution of Marriage with Children for Pro Bono Attorneys (Part 2) 12:00 p.m. • Comerica Bank

26 & Small Firm Committee Seminar 30 Solo

Perspectives from the Bench

Bankruptcy Law Committee 12:00 p.m. • Bar Center

10

Estate, Guardianship & Trust Committee 12:00 p.m. • Bar Center Intellectual Property Committee 6:00 p.m. • Rumberger, Kirk & Caldwell, P.A.

12:00 p.m. • OCBA Center

31

Diversity Committee Major Seminar OCBA’s Diversity Summit: Providing a Roadmap to Implementation 12:30 p.m. • Bar Center

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

11

Social Security Committee 12:00 p.m. • Bar Center

Brown Bag Lunch with Judge John Kest 12:00 p.m. • Courthouse 23rd Flr. Judicial Conference Rm.

15 Law Committee 16 Family

12:00 p.m. • Bar Center Section General Meeting 19 Paralegal

5:30 p.m. • Bar Center Committee 20 Professionalism

12:00 p.m. • Bar Center & Employment Committee 21 Labor

11:30 p.m. • Bar Center Luncheon 22 OCBA

Barry Richard, Esq., YLS Luncheon 11:45 a.m. • University Club

Counsel for The Florida Bar 11:30 a.m. • The Ballroom at Church St. Sponsor: Westlaw

Solo & Small Firm Committee Seminar Basics of Guardianship Law 12:00 p.m. • Bar Center

September 1 Federal Judicial Relations

12:00 p.m. • Judge Conway’s Chambers 27 Law Committee 7 Business

12:00 p.m. • Bar Center LAS Lunchtime Training (GAL Topic) Mental Health Disorders in Children Security Committee 12:00 p.m. • Comerica Bank

8 Social 12:00 p.m. • Bar Center Bankruptcy Law Committee Brown Bag Lunch with Judge John Kest 30

12:00 p.m. • Bar Center 12:00 p.m. • Courthouse

12 Committee 16 Professionalism

12:00 p.m. • Bar Center Luncheon 17 YLS

11:45 a.m. • University Club Worker’s Compensation 11:45 a.m. • Smokey Bones

23rd Flr. Judicial Conference Rm.

YLS 20th Annual Golf Tournament 8:00 a.m. • Reunion Resorts Golf Course

13

LAS Lunchtime Training Public Benefits 12:00 p.m. • Comerica Bank

Elder Law Committee 12:00 p.m. • Bar Center

Elder Law Committee 12:00 p.m. • Bar Center

18 14 Law Major Seminar Estate, Guardianship & Trust Committee 19 Family

Financial Primer for Family Law Attorneys 12:00 p.m. • Bar Center Paralegal Section Summer Soiree Details TBA

12:00 p.m. • Bar Center

LAS Lunchtime Training (GAL Topic) The Foster Care System & Teen Parents 12:00 p.m. • Comerica Bank

Lawyers Literary Committee 12:00 p.m. • Bar Center

23

For updates, please check the OCBA website calendar.

PAGE 44

www.orangecountybar.org

the Briefs August 2011 Vol. 79 No. 8

ATTORNEY AT LAW

PRSRT STD U.S. POSTAGE PAID ORLANDO FL PERMIT 2530

880 North Orange Avenue Orlando, Florida 32801

wELcOming Our

newesT partnEr

J. SCOTT MurPHy Scott Murphy represents individuals and families seriously harmed by medical negligence, nursing home neglect, and vehicle accidents, including product defects. In this time of constant onslaughts on the tort system, Mr. Murphy remains committed to serving the needs and seeking justice for those victimized and harmed by the conduct of others. Scott also has extensive experience in litigating insurance coverage and bad faith issues.

Scott is a former managing partner for a state-wide insurance defense firm, and was the Managing Attorney for St. Paul

Insurance Company’s state-wide staff attorney program. For the past ten years, he was a partner at Allen & Murphy, P.A., an exclusively plaintiff practice.

For over twenty-five years, Scott has been actively trying cases throughout the states of Florida and Nevada. Scott’s experience extends not only to the trial court level, but also to the appellate level, where he has successfully handled appeals in every District Court of Appeal in the state of Florida as well as the Florida Supreme Court and Eleventh Circuit Court of Appeals.

Scott is an Eagle Sponsor of the Florida Justice Association. He recently completed a five (5) year term on the Florida Bar’s Client Security Fund Committee, and served as Vice Chair of that committee.

He can be reached via email at SMurphy@OrlandoTrialLaw.com

407-540-0122 | 3117 Edgewater Drive, Orlando, FL 32804 | OrlandoTrialLaw.com