Issuu

A Publication of the Orange County

Bar Association

Inside this Issue: Presidentâ€™s Message Expanding Access to Justice: Legal Aid, Self Help Center, Technology, Lawyer Referral, and Modest Means Richard S. Dellinger, Esq. August 2018 Vol. 86 No. 7

Chief â€™s Column The Florida Justice System Will be Convenient, Understandable, Timely, and Affordable to Everyone The Honorable Frederick J. Lauten

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theBriefs August 2018 Vol. 86 No. 7

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PAGE 1

Contents 3

President’s Message Expanding Access to Justice: Legal Aid, Self Help Center, Technology, Lawyer Referral, and Modest Means Richard S. Dellinger, Esq.

Professionalism Committee Professionalism Seminars Slated for 2018-2019 Amy J. Carter, Esq. Special: Access to Justice Educating Our Law Students Kate T. Hollis, Esq.

Special: Access to Justice Access to Justice for Those of Modest Means Vanette Augustin, Esq. Rasheed K. Allen, Esq.

Editor Kate T. Hollis, Esq.

Associate Editors Karen L. Middlekauff, Esq. & Robyn M. Kramer, Esq. Hearsay Columnist Vanessa A. Braga, Esq.

Special: Access to Justice Foreclosure Mediation in Orange County: Then and Now Michael L. Resnick, Esq.

YLS on the Move Heather M. Meglino, Esq.

20-21

SideBar Alena V. Baker, Esq.

2018 Judicial Candidate Forum

OCBA Luncheon Report from the Ninth Judicial Circuit Court The Honorable Frederick J. Lauten

Clerk’s Corner Clerk’s Office Keeps up the Fight to Live United Tiffany Moore Russell, Esq.

Chief’s Column The Florida Justice System Will be Convenient, Understandable, Timely, and Affordable to Everyone The Honorable Frederick J. Lauten

Feature The Fiduciary Lawyer-Client Privelege: A Long Road to Confidentiality Jamie B. Schwinghamer, Esq.

Real Property Committee Burying Williamson in the Knick of Time? Jay W. Small, Esq.

Special: Access to Justice OCBA Lawyer Referral & Information Service Derek L. Metts, Esq.

Legal Aid Society GAL Teaching Tips One Simple Question, One Enormous Result: GALs Can Ensure Legal Status of Dependent Children Katie Pareja, Esq.

Staff Tribute: Margaret “Peggy” Storch Retires from the OCBA

YLS on the Move Heather M. Meglino, Esq.

Health & Wellness Committee It’s OK to Get Out! William D. Umansky, Esq.

30 Paralegal Post The Year of You: A Message from the 20182019 Paralegal Section President Shannon E. Casey, FRP

w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Publication Manager Peggy Storch

Hearsay... Vanessa A. Braga, Esq.

New Members

Announcements

Special: Access to Justice Clerk of Court’s Self Help Center Sidney A. Román, Esq.

w OFFICERS Richard S. Dellinger, Esq., President Anthony F. Sos, Esq., President-elect LaShawnda K. Jackson, Esq., Treasurer Eric C. Reed, Esq., Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II, Esq. Amber N. Davis, Esq. William A. Davis, Jr., Esq. Thomas B. Feiter, Esq. Kate T. Hollis, Esq. Eric B. Jontz, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Gary S. Salzman, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. M. Ryan Williams, Esq. Elizabeth F. McCausland, Esq., Ex-officio Jill D. Simon, Esq., YLS President

Marketing & Sponsorship Manager Joan Giovanni

Classifieds

40 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 ©2018 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

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www.orangecountybar.org

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society Citizen Dispute Family Law Mediation Lawyer Referral Service Orange County Foreclosure Mediation Young Lawyers Section

407-841-8310 407-423-5732 407-423-5732 407-422-4537 407-515-4330 407-422-4551

theBriefs August 2018 Vol. 86 No. 7

President’sMessage

August 2018 Expanding Access to Justice: Legal Aid, Self Help Center, Technology, Lawyer Referral, and Modest Means

I Richard S. Dellinger, Esq.

theBriefs August 2018 Vol. 86 No. 7

n the winter of 2016, the American Bar Association (“ABA”) published a comprehensive report on the future of legal services in the United States. The report was published alongside a compilation of white papers in the South Carolina Law Review. The ABA Commission on the Future of Legal Services concluded that there are civil justice problems in the United States that are “common and widespread,” and that most individuals who have civil justice problems never consider hiring a lawyer. The commission further concluded that those who never consider hiring a lawyer to resolve their problems simply rely on their own personal networks of non-lawyers to resolve problems. As a profession, these findings should cause concern. We are specially trained to solve problems, yet, we are losing our position in the forefront of problem solvers. We hear report after report of an overabundance of lawyers, while the demand for paid services remains flat. The legal problems remain; we are just not solving those problems for the public, and we are charging more than what most members of the public can afford to pay. As a result, the public relies on their own abilities or on new technologies to solve their legal problems. This causes a “justice gap” that we as a profession must not ignore. Our OCBA is committed to serving that justice gap. The OCBA does more to serve the public than the ordinary bar association. We must continue the progress we have made to date. When the OCBA was founded, our founders directed that the OCBA provide services to those who are in need and unable to afford legal services. The founders established the Legal Aid Society of the Orange County Bar Association, Inc. (“LAS”) and required all members to take cases or pay a fee. This requirement continues today, and we are not aware of any other bar in the country that has a similar requirement. The OCBA recognizes that there is a justice gap between those who are eligible for the services of LAS and those who can afford their own lawyers. The OCBA developed and continues to grow

numerous methods and systems for serving this gap in access to justice. They include a low-cost Self Help Center developed as a partnership between the OCBA and the Clerk of Court, Tiffany Moore Russell, Esq.; a Lawyer Referral & Information Service; and a Modest Means Panel. The Self Help Center is the first of its kind in Orange County. Members of the public can use the center for family law, small claims, and residential eviction cases. Self Help Centers are located in the downtown Orange County Courthouse and in the Apopka branch of the Clerk of Court office and are staffed by OCBA members who agree to accept a reduced fee to help consumers who attempt to handle their legal matter themselves. As a supplement to the Self Help Center, the Clerk of Court and our Ninth Judicial Circuit post forms on their websites that the public can use for filing in their cases. Our local provisions for distribution of forms was enhanced even further by the Florida Supreme Court when it announced the adoption of application-based software designed to help a self-represented person through domestic proceedings. In our federal courts, District Judge Roy B. “Skip” Dalton and Bankruptcy Judge Karen Jennemann led teams that updated the pro se resources on the websites for the Middle District of Florida and the bankruptcy court. These websites include commonly used forms, a guide to proceeding without a lawyer, and connections to The Florida Bar’s Lawyer Referral Service. Of course, we lawyers know that there are many legal matters where there is no substitute for the full-time services of a lawyer. In these matters, the OCBA Lawyer Referral & Information Service (“LRIS”) fills the gap. Our OCBA staff, led by referral coordinators Candice Maul and Michael Krug, Esq., serve on the front lines, channeling problems to a panel of highly qualified LRIS lawyers. The lawyers are selected for the LRIS panel based on their high level of experience and qualifications. When consumers call into LRIS they are first screened by attorney Krug and referred to a private attorney willing to take the case. If that client is of modest means, the OCBA has recruited a separate Modest Means panel of attorneys to serve the client. If you see clients who need a lawyer and you cannot serve them, please

www.orangecountybar.org

continued page 28

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ProfessionalismCommittee

T Amy J. Carter, Esq.

Professionalism Seminars Slated for 2018-2019

he Professionalism Committee is looking forward to an exciting year packed with lots of great seminars. As the summer comes to a close, the committee, in conjunction with the OCBA Young Lawyers Section, is once again offering a series on social media due to high attendance and positive feedback from attendees last year. The first session was held on July 25, 2018. The discussion was led by Paul Lipton, Esq., and Keshara Davis Cowans, Esq., and covered the choices and consequences of the use and misuse of social media by attorneys. Session two, which will discuss advertising and social media, will take place on August 15, 2018, at noon at the OCBA. Session three, which will focus on client conduct on social media, will be held in September. Please be on the lookout for the exact date! On November 9, 2018, the committee along with the Legal Marketing Association will be hosting a lunch & learn on the topics of the evolution of the legal profession over the last 20 years, the expectations of the next generation of lawyers, and successful business development for the midcareer attorney. This will be a panel discussion comprised of both small- and larger-firm attorneys. Lunch will be provided and CLE credit is pending approval by The Florida Bar.

The committee is working on offering two major seminars this year. The first one is scheduled for February 1, 2019, and will be presented in conjunction with the Solo & Small Firm and the Estate, Guardianship & Trust committees. The seminar will focus on succession planning and designating an inventory attorney for your firm. The second major seminar is tentatively set for spring 2019 and will be a day-long workshop covering depositions, including deposition conduct and local rules applicable to depositions. We are also planning to offer a seminar on fee disputes and charging lien issues. We are working to partner with as many of the other fantastic OCBA committees as possible to offer diverse programs that reflect the needs of the association. If you have a topic idea that you would like to share, please either email me at amy. carter@qbwblaw, or join us at our next meeting. We meet on the first Tuesday of the month at the OCBA at noon. Lunch is provided. Amy J. Carter, Esq., an attorney with Quintairos, Prieto, Wood & Boyer, P.A., practices in the areas of nursing home defense and general liability. She has been a member of the OCBA since 2012.

SpecialAccess to Justice

Educating Our Law Students

ontinuing legal education is an integral part of attorneys’ commitment to excellence and professionalism in the practice of law. At the OCBA, ongoing education contributes directly to a core mission to enhance the delivery of and access to quality legal services through the bar’s requirement that attorneys take two pro bono cases a year from the Legal Aid Society of the Orange County Bar Association, Inc. (“LAS”), or pay a fee in lieu of direct service. But how do we, as a profession, integrate the concept of access to justice into legal education

and help students appreciate the importance of “access”? Deans, heads of academic programs, and faculty at Barry University School of Law, Florida A&M University (“FAMU”) College of Law, and the University of Central Florida (“UCF”) Department of Legal Studies program have developed various clinics and other supervised programs to provide students with opportunities to understand what this professional goal means. For example, Barry University’s Juvenile Defense

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Kate T. Hollis, Esq.

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OCBA LuncheonThursday, August 23, 2018

F The Honorable Frederick J. Lauten Chief Judge Ninth Judicial Circuit Court

Report from the Ninth Judicial Circuit Court

rederick J. Lauten has served as chief judge of the Ninth Judicial Circuit Court since September 2014. He was elected unanimously by his peers to succeed long-serving Chief Judge Belvin Perry upon Judge Perry’s retirement from the court. Judge Lauten had previously served as administrative judge in both the circuit criminal and circuit civil divisions. Judge Lauten was appointed to the Orange County Court bench in 1993 by Governor Lawton Chiles. In 2000, Judge Lauten was appointed to the circuit court bench by Governor Jeb Bush. Judge Lauten is extremely active in judicial education. From 2006-2012, he served as dean of the Florida Judicial College. Prior to his tenure as dean of the college, he served as associate dean and for years he taught at the college. The Florida Judicial College is the mandatory two-week school that all new judges in Florida must attend. After serving as dean of the college, Judge Lauten became chair of the Education Committee of the Florida Conference of Circuit Judges. He is responsible for organizing and presenting the education component of the annual circuit court conference. Judge Lauten has served in every county court division in Orange County. In circuit court, Judge Lauten has served in criminal division, the VOP division, and the complex commercial litigation division.

Prior to his appointment to the bench, Judge Lauten worked in the State Attorney’s Office for the Ninth Circuit for 11 years, trying approximately 100 jury trials. Prior to working at the State Attorney’s Office, Judge Lauten practiced law in Washington, D.C., at Tierney and Swift, P.A., a communications law firm. Judge Lauten began his practice of law as an associate at the Law Office of Bryan C. Hugo in Longwood, Florida, a general practice law firm. Judge Lauten attended Bishop Moore High School in Orlando, Florida. He graduated from Rollins College in 1975 with a B.A. degree in history, and in 1976 he obtained an M.B.A. from the Rollins College Crummer School of Business. Judge Lauten graduated from the Villanova University School of Law in Villanova, Pennsylvania, in 1979. Judge Lauten was born in Chicago, Illinois. As a child, he and his family resided in Milwaukee, Wisconsin; Knoxville, Tennessee; and Boston, Massachusetts, before moving to Orlando in 1967. Judge Lauten is married to Shelley Wilson Lauten and has a son, Christopher, who lives in Chicago. Judge Lauten has a daughter, Tori, a son-in-law, Josh, and a beautiful granddaughter, Sawyer, all of whom reside in Bakersfield, California.

Embassy Suites Downtown Orlando 11:30 a.m. – 1:00 p.m. 191 E. Pine St., Orlando, FL 32801 Please RSVP by Monday, August 20, 2018 RSVPs will not be accepted after August 20, 2018 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than August 20, 2018 To cancel, contact Ashley Norris at ashleyn@ocbanet.org Title Sponsor: First GREEN Bank

theBriefs August 2018 Vol. 86 No. 7

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Clerk’sCorner

O Tiffany Moore Russell, Esq. Orange County Clerk of Court

Clerk's Office Keeps up the Fight to Live United

ne of my passions has always been to give back to our community and make a difference in the lives of the people I serve. That is why I am excited to share with you that my office is proudly in the midst of the 2018 Heart of Central Florida United Way campaign. We hope to continue the trend of increasing the amount of money we are able to raise. Last year, through the generosity of our staff, we raised more than $27,000. While there are dozens of organizations that receive support from United Way, my office’s outreach priorities are mental health, domestic violence, and access to justice, all of which directly relate to the work we do. Harbor House and the Mental Health Association are two agencies that my office is working to support with increased pledges this year. I also designate our United Way giving to specific causes that provide resources to young women to help them lead successful lives. One example

is LANES – Loving, Assisting, Nurturing, Educating & Supporting Teenage Girls, Inc. This wonderful non-profit group mentors girls, helping them to develop character and gain skills that will enable them become responsible, productive young women. We would never be able to reach these milestones without the hard work and dedication of our employees, who either give pledges or help with events to raise donations. I am proud of everything our employees, their families, and our volunteers do to make a difference and serve our community. The Clerk’s Office has participated in the Heart of Florida United Way campaign for more than a decade now, and I am excited to see what we will accomplish together for the community during the 2018 campaign. Tiffany Moore Russell, Esq., Orange County Clerk of Court, has been a member of the OCBA since 2004.

Robert Mansbach Lawyers’ Literary Committee of the Orange County Bar Association Reading List 2018 - 2019 Date

Author

Book

Discussion Leader

September 12, 2018

Tom Wolfe

The Right Stuff

Bill Davis

October 10, 2018

John le Carré

A Perfect Spy

Susan Patterson

November 14, 2018

Philip Roth

American Pastoral

Constantine (Dean) Papas

December 12, 2018

Karen Russell

Swamplandia!

Anna Palmer Darkes

January 9, 2019

Roberto Bolano

By Night in Chile

Andrew Thompson

February 13, 2019

John Steinbeck

East of Eden

Honorable Dan Traver

March 13, 2019

Ben Fountain

Billy Lynn’s Long Halftime Walk

Robert Hoofman

April 10, 2019

Andrew Sean Greer

Less

Kim Ashby

May 8, 2019

Ben Hecht

Front Page (a play)

Dennis Wall

June 12, 2019

James McBride

Kill ’Em and Leave

Dotty Green

PAGE 6 www.orangecountybar.org

theBrief s August 2018 Vol. 86 No. 7

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theBriefs August 2018 Vol. 86 No. 7

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Speakers: David A. Yergey, Jr., Esq., and David A. Yergey, III, Esq.

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theBriefs August 2018 Vol. 86 No. 7

Chief’sColumn The Florida Justice System Will be Convenient, Understandable, Timely, and Affordable to Everyone

he above declaration is part of the Florida judicial branch’s vision statement. It is more than a simple assertion; it is an actionable principle serving as a guide for how our courts engage with the community. With this directive in mind, and coupled with a commitment to education, the Ninth Judicial Circuit Court launched its own podcast in 2016 – Open Ninth. Aptly subtitled – “Conversations beyond the Courtroom” – the Open Ninth engages guests in The Honorable Frederick J. Lauten candid conversations designed to enlighten, eduChief Judge cate, and entertain. As its host, I have the unique opportunity to not only give a voice to the courts, Ninth Judicial Circuit Court but also the entire judicial system and the people it serves. Sometimes that voice is current, reflecting the issues and life of today. But sometimes, we get the rare opportunity to give voice to a past that has been too long silenced. We were fortunate to recently have one such opportunity with an Open Ninth podcast hosted Pulitzer Prize-winning author Gilbert King. Subscriptions to the podcast are available through Google Play Music, iTunes, YouTube, Vimeo, and RSS feed. Gilbert King has authored three nonfiction books, all of which are steeped in the voices of our region’s history. Our conversation took us back to 1950s Lake County, Florida, home to Sherriff Willis McCall and a past rife with racial injustice, violence, and corruption. It is a dark time in our history, with an ugliness that we instinctually want to turn away from but realize we can’t. The reverberation of its impact can still be felt today. While there was a great deal for Gilbert King and me to talk about, what I found the most interesting – and what I wanted to take this opportunity to highlight here – is how these and other cases from this era helped shape our courts. It is sometimes difficult to see progress. The bravery of the men and women who fought for change is so easily engulfed by the horrors they endured. And,

theBriefs August 2018 Vol. 86 No. 7

often, progress is too easily overshadowed by the specter of what is still to be done. Yet, today if asked, one will tell you that, when charged with a crime, they have a right to legal representation. They will also tell you that a coerced confession is inadmissible. But, as we know, this was not always so. While not commonplace, it was not uncommon to use coercion to elicit a confession in midcentury America. Legal representation was not a procedural right, and there were certainly no safeguards in place to assure access to counsel regardless of financial means. The racial injustices and corruption of the 1950s and ’60s were deeply rooted in and deeply dependent on this environment. It is only by casting our eyes backwards, by constantly deconstructing the past that we intentionally construct a future based on progress – and it is the responsibility of the judicial system to ensure that the law is constantly progressing to best serve the people. When we say that the Florida justice system will be convenient, understandable, timely, and affordable to everyone, we are making a commitment to this progress. We are acknowledging the responsibility that we have, not only to the law, but to the people it governs and the impact it has on their lives. Investigative authors, like Gilbert King, give a voice to our long-ago past. They give us the opportunity to cast our eyes backwards, to look at injustices and see not only how far we have come, but to also see where we need to go as we strive for lasting social change. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

www.orangecountybar.org

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11th AnnuAl

Breakfast of Champions To Benefit

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

Thursday, November 8, 2018

7:30 a.m. until 9:00 a.m. Doors open at 7:00 a.m. for networking Location TBA Reservations Required

SPONSORSHIPS AVAILABLE: Platinum - $10,000 • Gold - $5,000 • Silver - $2,500 Copper - $1,000 • Bronze - $500 SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials. For sponsorship or to make donations, visit:

www.legalaidocba.org

Go to Donate, click on Breakfast of Champions and fill out 2018 Sponsorship information FOR MORE INFORMATION CONTACT:

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

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407-290-5800

theBriefs August 2018 Vol. 86 No. 7

Feature

A Jamie B. Schwinghamer, Esq.

theBriefs August 2018 Vol. 86 No. 7

The Fiduciary Lawyer-Client Privilege: A Long Road to Confidentiality

s we are all undoubtedly aware, Florida Statutes Section 90.502 sets forth the ground rules for those communications protected by the lawyer-client privilege. Section 90.502(3) lists those individuals and entities who may claim the privilege. Clients, guardians of clients, and personal representatives of deceased clients are among the list. It was not clear, however, whether the fiduciaries themselves, such as trustees, personal representatives, and guardians, could invoke the lawyer-client privilege to shield their communications with the lawyers representing them in their fiduciary capacities from disclosure. The Florida Second District Court of Appeal touched upon this issue twice, once in 2004 and once in 2006. See Jacob v. Barton, 877 So.2d 935 (Fla. 2d DCA 2004); see also Tripp v. Salkovitz, 919 So.2d 716 (Fla. 2d DCA 2006). In Jacob, the court reviewed a trial court order compelling the production of billing records maintained by a trustee’s attorney. The Second District Court of Appeal overturned the trial court’s order and instructed the trial court to conduct an in camera inspection of the attorney’s billing records to determine whether the trustee, or the beneficiary, was the “real client,” and therefore the holder of the lawyer-client privilege. In Tripp, the court used its holding in Jacob to justify a similar in camera inspection of communications between a guardian and his attorney. In 2011, the Florida Legislature enacted Florida Statutes Section 90.5021, which made it clear that “[a] communication between a lawyer and a client acting as a fiduciary is privileged and protected from disclosure under s. 90.502 to the same extent as if the client were not acting as a fiduciary.” The implementation of this statute meant that those individuals and entities serving as fiduciaries (trustees, personal representatives, guardians, etc.), could invoke the lawyer-client privilege to shield communications with their attorneys from unwarranted disclosure. However, this was short-lived. On July 10, 2014, the Supreme Court of Florida refused to adopt the Florida Bar Code and Rules of Evidence Committee’s (“CRE Committee”) recommendation to adopt Section 90.5201 and amend the Florida Evidence Code. See In re Amends. to Fla. Evidence Code, 144 So.3d 536, 537 (Fla. 2014). Instead, the Supreme Court declined “to follow the Committee’s recommendation to adopt the new provision of the [Evidence] Code because [it] question[ed] the need for the

privilege to the extent that it is procedural.” Id. This opinion baffled the legal community. Fiduciaries and their attorneys were once again left in limbo, with no guidance regarding whether they could rely on the fiduciary lawyer-client privilege, as enacted by Section 90.5021. From December 2013 through early 2017, numerous scholars attempted to dissect the Supreme Court of Florida’s rhetoric, and attempted to determine the status of the fiduciary lawyer-client privilege in Florida. Unfortunately, answers were few and questions were many. Then, on May 30, 2017, the CRE Committee, in conjunction with The Florida Bar Probate Rules Committee, filed an out-of-cycle report (the “Report”) requesting that the Supreme Court of Florida again consider an amendment to the Florida Evidence Code consistent with Section 90.5021. The Report argued that the court’s refusal to adopt the fiduciary lawyer-client privilege, to the extent it was procedural, led to confusion on the part of lawyers who represented fiduciaries, and trial court judges, across the state. On January 25, 2018, the fiduciary lawyer-client privilege finally reached the end of the long and winding road it had been traveling for nearly seven years. Having been swayed by the Report, the Supreme Court of Florida issued a second opinion, this time adopting Section 90.5021 to the extent it was procedural. In re Amends. to Fla. Evidence Code, 234 So.3d 565 (Fla. 2018). The Court retroactively applied the adoption to June 21, 2011, the date that Section 90.5021 became law. See ch. 2011-183, § 14, Laws of Fla. In the six months since the court issued its opinion, there have been no reported appellate opinions addressing the fiduciary attorney-client privilege. However, with millions of dollars often at stake in probate, trust, and guardianship cases, it is possible that litigation will ensue that challenges the scope of the privilege or the retroactive application thereof. For instance, there may be discovery disputes regarding whether communications are in fact privileged based upon when the communications occurred. Litigants may also file appeals or writs of certiorari if they have the resources to fund extensive litigation or where the amount in controversy is so large that the gamble makes economic sense. Only time will tell whether the fiduciary lawyer-client privilege’s extended road trip is over after all.

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continued page 28

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Real PropertyCommittee

T Jay W. Small, Esq.

Burying Williamson in the Knick of Time?

he right to own private property is no less a fundamental pillar of our society than any other constitutionally protected right. When a governmental entity takes private property, Article X, Section 6(a) to the Florida Constitution or the Fifth Amendment to the U.S. Constitution demands payment of full or just compensation. Article X, Section 6(a) provides that “[n]o private property shall be taken except for a public purpose and with full compensation therefor paid to each owner.” The Fifth Amendment states that “nor shall private property be taken for public use, without just compensation.” These clauses do not prevent a governmental taking of private property, but they condition the taking on payment of compensation to the owner. Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 194-96 (1985), established a federal procedural doctrine that seriously chips away at this pillar by forbidding owners from vindicating their Fifth Amendment rights in federal court unless they first exhaust state takings remedies. Id. This doctrine leads to bizarre results. If owners bring federal takings claims in federal court under 42 U.S.C. §1982, their complaints may be dismissed because they first failed to assert them in state court. Yet if owners first bring their federal claims in state court, their complaints may be removed to federal court and then dismissed because a state court did not finally adjudicate their state claims. This rule discriminates against property owners, as a specific class of litigants, and strips them of reasonable access to federal and state courts. The Supreme Court can remedy this anomalous doctrine in Knick v. Township of Scott, ___, U.S. ____, 138 S.Ct. 1262, 200 L.Ed. 2d 416 (2018). The precise issue in Knick is whether to reconsider Williamson’s exhaustion doctrine. The Township of Scott lies in Lackawanna County, Pennsylvania, near the Poconos. Throughout Pennsylvania are historical, private family gravesites, some dating to the Colonial era. Over generations, land with these private cemeteries transferred through the hands of successive owners. The township adopted an ordinance requiring owners of property on which the township believed were cemeteries to allow access to the public and code inspectors who were to assure compliance with the ordinance. Rose Knick’s family farm is one such parcel. No official state records indicate that a

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private cemetery was ever on her farm. In federal court, she alleged, inter alia, a violation of her Fifth and Fourteenth Amendment due process and just compensation rights. Based on Williamson, the Third Circuit Court of Appeals affirmed the dismissal of her takings claim. Knick v. Twp. of Scott, 862 F3d 310, 328 (3d Cir. 2017). The courts recognize two types of regulatory takings cases – “facial” and “as-applied” claims. “Facial” takings claims involve regulations that deprive owners of all economically beneficial use of property upon enactment. Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1015 (1992); Keshbro, Inc. v. City of Miami, 801 So.2d, 864, 871 (Fla. 2001). Under Penn Central Transportation Co. v. City of New York, 438 U.S. 104, 124 (1978), “asapplied” claims require a detailed ad hoc factual analysis to examine “[t]he economic impact of [a] regulation… and… the extent to which [it]… interfere[s] with distinct investment-backed expectations” after it is applied to property. In as-applied cases, historically two factors answer the question of whether a regulation is final enough so that a claim is “ripe” for judicial review. First, owners cannot file as-applied takings suits “unless ‘the governmental entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue.’” Palazzolo v. Rhode Island, 533 U.S. 606, 618 (2001) (quoting Williamson, 473 U.S. at 186). An owner cannot pursue federal or state as-applied regulatory taking cases until the challenged government action causes some final injury to property. San Remo Hotel, L.P. v. City & Cty. of San Francisco, 545 U.S. 323, 346-47 (2005). Requiring a meaningful attempt to get a development application provides a metric to gauge whether the severity of the regulation’s impact is so great that it causes a serious enough loss amounting to a taking. Second, Williamson added another ripeness factor in dicta by requiring an owner to show an unsuccessful attempt to obtain just compensation in state court before filing a federal suit. 473 U.S. at 195-96. Although state courts are generally competent to protect federal rights concurrently with federal courts, Williamson’s dicta does not explain why plaintiffs alleging federal takings claims should be singled out for differential treatment from other classes of plaintiffs seeking to vindicate federally protected rights.

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Williamson involved a challenge to a zoning ordinance that reduced the allowable density in a residential subdivision. It identified two rationales for deciding the ripeness question against the owner: (1) the owner did not obtain a final decision regarding the application of zoning ordinances and subdivision regulations; and (2) the owner did not use the state’s procedures to obtain just compensation. 473 U.S. at 186, 194. The first rationale is largely accepted. Regarding the second factor, the Court primarily relied on Hodel v. Virginia Surface Mining & Reclamation Ass’n, Inc., 452 U.S. 264, 297 n.40. (1981) for support of its addition to the ripeness doctrine. The Court’s reliance on Hodel has since been criticized. Footnote 40 in Hodel restated the general rule that takings claims are unripe for consideration until after a final administrative determination; it did not identify any existing or new comity principle requiring takings claims to be reviewed differently than other federal claims also reviewed by state and federal courts. Id. Knick dealt with a facial taking claim and thus whether facial claims were exempt from the second prong of Williamson. Petition for Writ of Certiorari, at 24, Knick v. Twp. of Scott, U.S. ____, 138 S.Ct. 1262, 200 L.Ed. 2d 416 (2018) (No. 17-647), 2017 WL 5158056, at *24. It is difficult to conceive of a plausible reason why Williamson’s additional second-tier exhaustion doctrine ever should apply to a facial taking case since this sort of taking occurs, by its very nature, upon the enactment of the land use regulation. The Court may also reanalyze Williamsonexhaustion in as-applied cases. Justices also have questioned this second factor. In San Remo Hotel, 545 U.S. at 348-52 (Rehnquist, C. J., concurring), four Justices argued for overruling Williamson. In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 560 U.S. 702, 742 (2010), Justice Kennedy characterized this second rationale as the “Court’s dicta in Williamson.” The rationale has been described as being at odds with the plain language of the Fifth Amendment, which makes just compensation a prerequisite for public use. Arrigoni Enter., LLC v. Town of Durham, 136 S. Ct. 1409 (2016) (Thomas, J., dissenting from denial of petition for writ of certiorari). The Court has never obligated itself to be bound to its dicta if a more complete argument demonstrates that the dicta is incorrect. Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519, 548 (2013). Williamson’s curious dicta barricades federal courthouse doors to

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a discrete class of federal plaintiffs seeking protection in federal courts for federal rights. It creates a takings “No Man’s Land.” Litigating in state court virtually guarantees that later federal claims are barred by res judicata. See, e.g., San Remo, 545 U.S. at 346-47; Rockstead v. City of Crystal Lake, 486 F.3d 963, 968 (7th Cir. 2007) (holding property owner who goes through entire state proceeding and loses cannot maintain federal suit because of res judicata); Trafalgar Corp. v. Miami Cty. Bd. of Comm’rs, 519 F.3d 285, 287 (6th Cir. 2008) (holding that because “the issue of just compensation under the Takings clause . . . was directly decided in a previous state court action, it cannot be re-litigated in federal district court.”). Alternatively, a federal court may decline review of a federal takings claim based on lack of subject matter jurisdiction until after a plaintiff has exhausted state takings remedies. Reahard v. Lee Cty., 30 F.3d 1412, 1414 (11th Cir. 1994). To avoid these potential defenses, owners may sacrifice their rights protected by the U.S. Constitution rather than enter a procedural minefield that could explode both state and federal takings claims. Hardly any other federal prudential limitation presents an insular class of federal plaintiffs with a similar “Hobson’s Choice” either between selecting a judicial forum or waiving a substantive constitutional right altogether. Williamson distorts the ripeness doctrine by directing focus on the forum where a case is filed instead of the finality of the regulation’s application. Williamson itself provides a rationale for unraveling its confusing doctrine. It conceded that ripeness does not require a claimant to exhaust state remedies because the focus is whether a decision-maker formulates a definitive regulatory position that inflicts an actual, concrete injury. 473 U.S at 192-93. Abandoning this dysfunctional notion will not give owners carte blanche to raise unripe takings claims because they must still comply with Williamson’s first ripeness requirement: that they demonstrate that the government’s actions have achieved that degree of finality such that a reviewing federal court can determine whether the regulation’s fiscal impact on the property amounts to a taking. Id.; see also Tahoe-Sierra Pres. Council v. Tahoe Reg’ l Planning Agency, 535 U.S. 302, 322 n.17 (2002) (“In determining whether government action affecting property is an unconstitutional deprivation of ownership rights under the Just Compensation Clause, a court must interpret the word ‘taken.’”). Williamson’s dicta clouded the sharpness of the ripeness inquiry and blurred its distinct edges. In Knick, the Court’s choice is to refocus the historic ripeness inquiry back to the finality of a regulation’s impact on property. Williamson intended that its prudential restraint limit the ability of federal courts to review state land use decisions. Yet experience and history have shown that Williamson not only limited access to federal courts in asapplied regulatory takings cases, but it also limited the ability to adjudicate federal property rights in state courts. Knick affords the Court the opportunity to revisit Williamson. The Court set Knick for oral argument for October 3, 2018. Jay W. Small, Esq., Mateer Harbert, P.A., represents private- and publicsector clients in the areas of eminent domain and property rights. He is the past chair of the OCBA Real Property Committee and a member of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1994.

www.orangecountybar.org

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SpecialAccess to Justice

OCBA Lawyer Referral & Information Service

n 2015, I ended my career in insurance defense and opened Metts Legal, P.A., to focus my practice on plaintiffs’ personal injury, employment law, and insurance disputes. Helping individuals in need has always been my passion. Opening my own firm was the best way for me to achieve this goal. The first question I asked myself when opening my firm was how could people who need my help find me. That is when someone recommended I join the Orange County Bar Association’s Lawyer Referral & Information Derek L. Metts, Esq. Service (“LRIS”). The LRIS is a non-profit community service and is approved by The Florida Bar as a lawyer referral service. Two of the LRIS’ main goals are to enhance the delivery of and access to quality legal services and to educate the public about the legal system. One way the bar achieves these goals is by having an LRIS counselor speak with each caller about his or her legal concerns, provide the inLRIS Public Service Awards formation he or she needs, 10 Years of Service help determine the type of lawyer that will best meet Austin A. Aaronson, Esq. those needs, and then refer Luis E. Basagoitia, Esq. the caller to an OCBA atGary J. Boynton, Esq. torney, who will provide a free initial consultation of Richard A. Culbertson, Esq. up to 30 minutes. It is the James O. Cunningham, Esq. personal, informed service Clifford J. Geismar, Esq. the OCBA provides that gives members of our comDebra S. Johnson, Esq. munity access to quality Stephen D. Korshak, Esq. legal representation they James M. Magee, Esq. can have confidence in. Mary Ann Morgan, Esq. William E. Sublette, Esq. Brian T. Wilson, Esq. David A. Yergey, Jr., Esq.

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The LRIS has been great for my practice by giving me a way to help people who are experiencing problems in the areas of law I practice. Because the LRIS team carefully screens every call to ensure that the referred caller speaks to someone that can actually help, I cannot remember the last referral I received where I did not have experience in the area of law that related to the problem the referral was facing. The referral program has been so helpful and rewarding to my practice that I have renewed my OCBA membership every year since opening Metts Legal. The LRIS has continued to make great improvements with the program during this time. They have created an online portal that makes keeping track of the referrals and providing status updates to the LRIS a breeze. Also, I receive an email for every person that is referred to my office. This helps to ensure that I speak with the person promptly, which the individual greatly appreciates. For anyone who is seeking a way to speak with people in need of your legal services, I would highly recommend joining the LRIS program. It is an excellent way for attorneys to serve the community and develop and expand their practice. For more information about the LRIS program, please visit the Orange County Bar Association’s website, or contact Candice Maull at 407-4224551. Derek L. Metts, Esq., Metts Legal, P.A., has been a member of the OCBA since 2012. He can be reached at derek.metts@mettslegal.com, or 321-422-0430.

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SpecialAccess to Justice

Clerk of Court’s Self Help Center

all me an idealist, a dreamer, or an optimist, but I personally like “champion of volunteering!” Before I embarked on a career in law, I heard many people say that being a lawyer entailed a higher calling than many professions do – the kind of calling where you have an opportunity to help the oppressed, the defenseless, those without a voice, and the non-affluent by giving your time. I made a vow that no matter how busy practicing law may become, I would always make the time to give back to the community. This beSidney A. Román, Esq. came my personal mission. A degree in legal studies from the University of Central Florida and a law degree from Barry University School of Law set things in motion. Barry University’s mission reinforced mine and provided a framework for collaboration within the practice of law: “Barry is committed to serving local and global communities through collaborative and mutually productive partnerships. The University accepts Self Help Center Attorneys responsibility to engage with communities to pursue sysMarisa Atherley, Esq. temic, self-sustaining solutions Walter S. Bagg, Esq. to human, social, economic and Stephen E. Belle, Esq. environmental problems.” The Ninth Judicial Circuit and the Steen J. Brown, Esq. OCBA provided me opportuniMarc H. Cohen, Esq. ties to achieve my goal. David H. Harris, Esq. For more than 10 years, I have LaMya A. Henry, Esq. volunteered as a mediator with the OCBA and the Ninth JuIana D. Benjamin, Esq. dicial Circuit’s Dispute ResoluJohn C. Jordan, Esq. tion Division for foreclosures, Michelle Jernigan, Esq. and I was one of the first atOneill C. Martinez, Esq. torneys to sign up for the Clerk of Court’s Self Help Center. Sidney A. Román, Esq. The center – now two centers – Kimberly M. Soto, Esq. was created in 2015 by Tiffany Jessica D. Thomas, Esq. Moore Russell, Esq., Orange County Clerk of Court, and Tyrone N. Watson, Esq. is staffed by OCBA attorneys. Robert A. Witt, Esq. The clinics provide legal assistance to pro se litigants who need help with family law, landlord-tenant, and small claims matters. I often describe the clinic as attorney-litigant “speed dating,” because meetings last only 15 minutes. But a lot can be packed into those 15 minutes that might help litigants successfully handle their legal matters going for-

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ward. Volunteering* in the center has been incredibly exhilarating, challenging, and satisfying. You never know the type or complexity of cases you will have until you meet with the litigants. An eye-opening experience came one day when a local news personality came in for legal advice. I realized then that the service truly is available for the entire community regardless of socioeconomic or celebrity status. To have one’s efforts recognized by litigants is a bonus. I, and I’m sure the other attorneys, have read in post-clinic surveys comments such as “the judge heard me on that motion you suggested I file and ruled my way. Thank you so much,” or “I truly appreciate the legal advice you gave me. It really helped with the hearing I had.” I would be remiss if I did not mention the people behind the scene that make this program happen. The OCBA staff and the staff at the Clerk’s Office, in my opinion, are remarkable folks who you can rely on and who always make you feel at home. They have that “can do” attitude and go the extra mile to be helpful to the volunteer attorneys and the public. I am grateful to be part of such an extraordinary team. From the Clerk’s Office, I would like to thank Tiffany Moore Russell, Esq.; Roberta Walton, Esq.; Dolly Wilkinson; Hemet Mair; Melissa Rivera; Jose Vellon; Elliot Martinez; Ebony Wiggins; and Cindy Martinez, and from the OCBA, Candice Maull and Kimberly A. Homer, Esq. The Self Help Centers at the Orange County Courthouse and in Apopka are always in need of attorneys who speak English and Spanish or Creole. For information about how to participate, please contact Candice Maull at candiced@ ocbanet.org, or 407-422-4551. *Attorneys who participate in the Self Help Center agree to take a reduced fee for legal services rendered. Sidney A. Román, Esq., The Law Offices of Sidney A. Román, P.A., practices personal injury, family, and landlord-tenant law, and handles wills and power of attorney matters. He has been a member of the OCBA since 2015.

www.orangecountybar.org

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SpecialAccess to Justice

Access to Justice for Those of Modest Means

he OCBA’s Modest Means program was developed to provide access to justice for those who do not meet the financial eligibility requirements for legal aid services but cannot afford standard attorneys’ fees. The program is committed to helping people gain access to the judicial system and legal representation, which is a basic right of all individuals in the United States.

Vanette Augustin, Esq.

Rasheed K. Allen, Esq.

Vanette Augustin, Esq., practices family law, immigration, and estate planning. She joined the Modest Means panel of attorneys, she notes, because “pro se litigants generally – but not always – lack a full grasp of the substantive and procedural law necessary to litigate their case, an understanding of the discovery process and how beneficial it can be for their case, knowledge of the customs and procedures of the court, and how to authenticate and present evidence. Represented parties have access to all of this. The Modest Means program levels the playing field.” Vanette learned of the Modest Means program while attending a family law training seminar. “The announcement caught my attention because the purpose of the program made perfect sense to me,” she says. “It took me only a few minutes to make the decision to be part of the panel of attorneys helping to offer this valuable service.” Since joining, she has had the opportunity to provide consultations to various individuals. “One such experience that stands out to me is of an older client who just needed to have enough information to understand what was happening in her case and how to proceed. She was on a fixed income and could not really afford an attorney to answer a few simple questions – simple to me, but hard to her. It took about 30-60 minutes to answer her questions and put her mind at ease,” says Vanette. “I am honored to be part of such a wonderful program, and I look forward to helping many more individuals.” Rasheed K. Allen, Esq., who is a former Florida Bar Foundation Fellow, worked with a legal aid organization in Bartow, Florida, as a law student and had already seen the challenges faced by those who were unable to afford qualified legal representation. In 2008, after earning his juris doctor, Rasheed was “introduced to the often

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cost-based reality of our profession – that more and more people fall into the modest middle class where they do not qualify as indigent but are unable to pay several thousands of dollars that are typically required for the services of attorneys,” he says. During his years working at a large law firm, Rasheed says that “the typical client could expect a request of $1,500 - $3,500 to begin a representation for most civil legal matters, including most divorce cases.” Large firms, he notes, are “often limited in how to assist clients that fall into this modest middle class.” After opening his own firm, he had more flexibility and joined the Modest Means panel. “Being a part of the Modest Means referral panel has been very rewarding” Rasheed says. “I am able to have a direct and positive impact on assisting the growing modest middle class of legal clients.” He believes that “access to competent and qualified legal counsel should not be limited to those who can pay under the traditional attorney cost model. Most importantly, I believe the legal profession must be receptive to all the ways we can offer services to those who traditionally believed legal representation is out of reach.” Currently, Modest Means panel attorneys assist clients with family, criminal, and tenant law matters, but additional practice areas will be added in the future. For information about joining the Modest Means program, please see the OCBA website, or contact Candice Maull, program manager, at 407-422-4661, or candiced@ ocbanet.org. Vanette Augustin, Esq., JP Augustin Law Firm, PLLC, practices in the areas of family law, immigration, and estate planning. She has been a member of the OCBA since 2017. Rasheed K. Allen, Esq., managing attorney at Allen & Dawson, PLLC, practices in the areas business litigation, employment law, and real estate law. He has been a member of the OCBA since 2016. This article was compiled from comments provided to the Modest Means program manager.

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SpecialAccess to Justice

I Michael L. Resnick, Esq.

Foreclosure Mediation in Orange County: Then and Now

t is hard to believe that our most recent housing crisis started a little more than 10 years ago. Because of this housing crisis, our community was hit hard by bank foreclosures and association foreclosures. Thankfully, our community is recovering, although our foreclosure crisis still lingers across some segments of our local housing industry. Prior to this housing crisis it was unheard of to have mediation as part of a bank foreclosure action. Rather, the norm in a foreclosure case was simply to bring the case to a final conclusion since there wasn’t anything to mediate. However, in 2012, as a result of the sustained housing crisis, former Ninth Judicial Circuit Court Chief Judge Belvin Perry issued an Administrative Order (AO 2012-06-03) that imposed mandatory foreclosure mediation in Orange County. This Administrative Order (“AO”) created an innovative foreclosure mediation program known as the Residential Foreclosure Mediation Program (“RFMP”). The RFMP is managed by the Orange County Bar Association (“OCBA”). The benefit of the RFMP is that it affords homeowners the chance to sit down with the foreclosing plaintiff for the purpose of attempting to negotiate a settlement of the homeowners’ financial predicament. The OCBA’s mediation program has been one of the most successful mediation programs in Florida and has handled more than 1,600 bank foreclosure mediations since RFMP’s inception. While the filing of bank foreclosures has slowed significantly, our community still faces a sizable number of newly filed association foreclosure cases that result from the failure of a homeowner to pay association dues and assessments. From this author’s experience, a homeowner often defaults in his/her payment of dues and assessments because the homeowner is unaware of the legal ramifications of non-payment of these dues and assessments. Simply stated, most homeowners are shocked to hear that non-payment of association dues and assessments can lead to the loss of ownership of their home as part of a foreclosure action. Once homeowners understand the dangers associated with non-payment of their dues and assessments, most are then very motivated to begin making payments pursuant to an affordable payment plan offered to them by their association. However, under Florida law, there is

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no requirement that a homeowners’ association provide a homeowner with a payment plan and/ or a payment plan that a homeowner can afford. As would be expected, a homeowner would ideally like a $25 per month payment plan (on a $3,000 balance), while the association may offer a $200 per month payment plan. This initial offer of $200 per month vs. $25 per month often angers a homeowner, with the homeowner invariably stating that while they want to pay their debt to the association, the association is unwilling to work with them. This scenario then often leads to a breakdown in informal payment plan negotiations between the association and the homeowner. This author engages in a significant number of association foreclosure representation on behalf of low-income homeowners. Even with my lowincome clients, my foreclosure practice shows an 85% success rate in obtaining payment plan agreements. In an effort to assist associations and their homeowners in reaching a settlement of their monetary disputes, Ninth Circuit Chief Judge Frederick Lauten recently amended the AO involving RFMP foreclosure mediations to now mandatorily include a foreclosure action involving a homeowners’ association, where the real property at issue is the legal homestead of a homeowner. The total fee for each mediation is $500, with the homeowners’ association paying a total of $250 and the homeowner paying a total of $250. With trained mediators assisting homeowners in understanding their legal rights and being apprised of their settlement options, I am confident that this new mediation requirement for association foreclosures will result in a significant increase in the number of homeowners who are able to retain ownership of their homes as part of an association foreclosure. This is great news for our community! For more information about the OCBA’s Residential Foreclosure Mediation Program, please contact Candice Maull at 407-422-4551, ext. 226. Michael L. Resnick, Esq., is the housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1998.

www.orangecountybar.org

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PhotoOps The Honorable Neal P. Pitts, founding member and first president of the Judge William M. Wieland Inn of Court, was recently awarded the Frierson-Stewart Colling Professionalism Award, the highest statewide award for dedication in the field of workers’ compensation. Judge Pitts is the first Judge of Compensation Claims to be so honored and recognized for his ethics, professionalism, and Inn of Court leadership. Shown with Judge Pitts are Florida Bar Workers’ Compensation Section officers, judges of compensation claims, and David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims (back row, right).

2018 Frierson-Stewart Colling Professionalism Award

Children’s Safety Village’s Water Safety Outreach Event Richard B. Schwamm, Esq., a shareholder at Haliczer Pettis & Schwamm P.A., spoke at the Children’s Safety Village’s Water Safety Outreach event on May 1 to discuss water safety and drowning prevention tips. Richard serves as a board member for the Children’s Safety Village and has been involved with the organization for more than five years. Shown are Assistant Chief LauraLeigh Avery, Orange County Fire Rescue; Captain Jeff Eifler, Orange County Sheriff’s Office; Brent E. Moore, Children’s Safety Village Executive Director; Dr. Kevin Sherin, Florida Department of Health Orange County Director and Local Health Officer; Richard Schwamm, Esq.; Karen Faust, Precision Aquatics.

OCBA Labor & Employment Committee May Seminar

Scott C. Adams, Esq. Lauren R. Robertson, Esq. The Hon. Daniel Irick The Hon. Patricia A. Doherty The Hon. Carlos Mendoza The Hon. John Antoon, III Jill S. Schwartz, Esq. N. Ryan LaBar, Esq. Christopher A. Pace, Esq.

PAGE 18 www.orangecountybar.org

theBrief s August 2018 Vol. 86 No. 7

27th Annual OCBA-YLS Golf Tournament

Friday, September 28, 2018 Shotgun Start at 8:00 a.m. followed by Reception, Lunch, Awards & Raffle

Please send your registration form and check made payable to the “OCBA” to: Stephanie Alcalde 1314 E. Robinson St. Orlando, FL 32801

Entrance Fees:

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

Sponsorship Opportunities: $1,575 $875 $550 $550

Registration:

Mail your check no later than September 14, 2018

Foursome + Hole Sponsorship Hole Sponsor Breakfast Sponsor Breakfast Bar Sponsor

The Ritz-Carlton Golf Club Grande Lakes

Additional Items

• Mulligans $10 • Raffle Tickets $10 • 1 Mulligan + 5 Raffle Tickets $50

For more information, or a registration form, please contact: Stephanie Alcalde • 407-801-9230 stephanie@alcaldelegal.com

4020 Central Florida Pkwy Orlando, FL 32837

Additional Sponsorship Events • Closest to the Pin (3 Holes Available) $325 • Straightest Drive (1 Hole Available) $325 • Longest Putt (1 Hole Available) $325 • Longest Drive (1 Hole Available) $325

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

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www.orangecountybar.org

PAGE 19

Mary Anne De Petrillo, Esq.; Jessica D. Thomas, Esq., 2018 Elizabeth Susan Khoury Guardian ad Litem Award of Excellence Recipient; Wynne E. McFarlin, Esq., President, Legal Aid Society of the OCBA, Inc.

Mary Ann De Petrillo, Esq.; Clarence W. Counts, Jr., Esq., 2018 Pro Bono Champion Award of Excellence Recipient; Wynne E. McFarlin, Esq.

Adam McGinnis Laura Shaffer

Nick Shannin, Esq.;

The Hon. Donald Myers The Hon. Frederick Lauten Nick Shannin, Esq.; Eddie Fernandez, Esq. Photos: Flo Boehm PAGE 20 www.orangecountybar.org

Photos: Flo Boehm

theBriefs August 2018 Vol. 86 No. 7

2018 Judicial Candidate Forum July 12, 2018

Dean Mosley

Embassy Suites Downtown Orlando Co-hosted by Tiger Bay Club of Central Florida Sponsored by: Orange Legal Margaret Lezcano, President, Tiger Bay Club of Central Florida Richard S. Dellinger, Esq. OCBA President

Joseph Haynes Davis

Jeff Ashton

Howard Friedman Doricia “Dori” Miller Rivas Tom Young

Lorraine Elizabeth De Young

Candidates’ names are shown as published on the Supervisor of Elections website. Photos: Flo Boehm

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Legal Aid SocietyGAL Teaching Tips One Simple Question, One Enormous Result: GALs Can Ensure Legal Status of Dependent Children

A Katie Pareja, Esq.

s a guardian ad litem (“GAL”) program attorney at the Legal Aid Society of the Orange County Bar Association, Inc., (“LASOCBA”) I am joined by an unstoppable team of pro bono attorney GALs who take on and demand answers to the most challenging questions our dependent children face: Where will I live and with whom? Does anyone care about me? Will I get to go to school? Will I ever see my adopted brother again? At times, GALs are presented with challenges far less obvious and sometimes even unknown to the child. Immigration is a difficult area of law that touches many dependent children, including children with legal immigration status. As a GAL, one simple inquiry can make a huge difference in the child’s permanency status: asking to view a certified copy of the child’s birth certificate. If it is determined that a child was born in a country or territory other than the United States, we can then further inquire in dependency court as to whether the child is a U.S. citizen, a legal permanent resident (“LPR”), an undocumented citizen, or holds an alternate status. While GALs may ask about a child’s immigration status at any point throughout the dependency case, addressing the issue as early as possible often affords greater legal options that serve the child’s best interest. While issues with a child’s immigration status can arise in different ways, the dependency court is equipped with a mechanism to address nearly every circumstance. If the dependent child is an undocumented citizen, we at LASOCBA may be able to initiate the process to obtain legal status by filing for a Special Immigrant Juvenile (“SIJ”) classification. If a dependent child obtains SIJ classification, the child may qualify for lawful permanent residency, more commonly known as obtaining a green card. The dependent child may be eligible for SIJ status under federal law if the child: • was adjudicated as dependent by the court based on allegations of abuse, abandonment, and neglect; • is eligible for long-term foster care (this means reunification with at least one parent is not an option); • is found to need to remain in the U.S. in order to serve their best interest; and • remains under the jurisdiction of the juvenile court.

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See 39.5075, Florida Statutes (2017). Proof of age must be provided through a birth certificate or passport or a government document showing proof of age. Jurisdiction may be extended until the immigrant child reaches age 22. Children who obtain SIJ classification and obtain legal permanent resident status are then eligible to apply for citizenship after five years. Complicated immigration problems may also arise when children have legal permanent resident status but do not have access to their LPR card. Unfortunately, this happens more than one imagines since our dependent children often do not have possession of their own belongings. Dependent child LPR cards may be lost, with a parent whose whereabouts are unknown, or with an unscrupulous individual who will not reveal that they have the valuable documents. If the child’s physical green card cannot be located, a replacement card can be obtained. It is important to inquire as to whether the child was ever issued a green card as soon as possible, as it can take approximately one year to obtain a replacement card. Fortunately, LASOCBA’s highly experienced immigration department will likely be able to assist with the application for green card replacement. Certain information must accompany the replacement card application submitted to the U.S. Citizenship and Immigration Services (“USCIS”), including the child’s birth certificate in its original language; the child’s social security number; the full name and date of birth of the child’s parents; and the child’s “A” number. The “A” number, or the Alien Registration Number, is an identification number that the USCIS creates for every permanent resident. Teenagers in the dependency system need identification to find employment, enroll in college, and to travel. Currently, I serve as GAL for one sixteen-year-old girl and one seventeen-year-old girl, both of whom are legal permanent residents who do not have possession of their green cards. They so badly want to obtain some semblance of normalcy while placed in their group foster homes. They want to get driving permits, take driver’s education courses, and eventually get their licenses. They have expressed an interest in finding employment to take on the responsibility of providing for themselves and saving for their futures. They feel a sense of responsibility and

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Staff Tribute: Margaret “Peggy” Storch Retires from the OCBA

Peggy Storch

n June 1, 2018, Margaret “Peggy” Storch retired after 14 years of devoted service to the OCBA as our communications manager. Peggy was hired in 2004 to serve as the membership manager but then executive director, Brant Bittner, quickly recognized her great talent and promoted her to communications manager. During her tenure, Peggy transitioned The Briefs from a black and white newsletter format into a full-color magazine. Peg grew up in Lake Worth, Florida, the second child in a family of eight siblings. While in high school, Peggy’s passion was all things theater, going on to earn a B.F.A. in theater arts from Florida State University. While raising three wonderful daughters (and you gotta know she put the “super” in supermom when it came to Shannon, Michele, and Alison), Peg earned an M.A. in English literature from the University of Central Florida. She worked in communications and marketing for West Orange Memorial Hospital, traveled the conference circuit while marketing Orlando-based software company, Healthsoft, and enjoyed her “dream job” promoting the Orlando Shakespeare Festival until grant funding fizzled. Be-

fore being hired by OCBA, Peg taught English composition at UCF and Valencia College. Peggy’s professionalism, work ethic, and dedication to her communications work and production of The Briefs have left an indelible mark upon the OCBA. In her role as communications manager she was not only responsible for The Briefs, but also built at least two OCBA websites – including the most recent one – produced the weekly Discovery email blasts to OCBA members, served as the OCBA media contact, prepared program and luncheon materials and on-site event support, and conducted editing work for all OCBA collateral. Although Peggy has retired from the OCBA, she will continue to produce The Briefs as an independent contractor. Peggy’s contributions to the OCBA are perhaps best illustrated by the words of OCBA leaders, The Briefs editors, and her colleagues. … Peg has been a fixture with the OCBA for as long as I can remember. Peg is known for her grace, her style and her attention to detail. The OCBA is fortunate to have Peg working for us for as long as we have had her. And, we are better off because of her work. While Peg is certainly due some time off, we will miss her dearly. Thank you Peg for your service to the bar. Please enjoy your retirement. Richard Dellinger, Esq. OCBA President, 2018-2019 … There are simply not enough words to describe the impact that Peggy had on our bar. It seems as if anything that came out of the office was run past her. I am so glad I had the benefit of her expertise during my term as president, especially with those president messages! On a per-

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sonal note, I will miss her cheery disposition and work ethic tremendously. I am sure I was not the only person to receive a latenight email from Peggy. Thank you, Peggy, for your years of service, your loyalty to our bar, and your friendship. We will miss you! Liz McCausland, Esq. OCBA President, 2017-2018 … During her nearly fourteen years of service, Peggy Storch made the OCBA a better organization every day. We cannot thank her enough for her unfailing service, commitment to excellence, and dedication to our membership, to our profession, and to our community. Thank you and Godspeed, Peg! Tom Zehnder, Esq. OCBA President, 2011-2012 … Peggy, I never could have foreseen your ability to function exceptionally in so many capacities when I hired you. You brought a superior level of professionalism, work quality, and achievement that surpassed my highest expectations. And you brought so much more… a trusted friendship, a compassion for helping people, plus your wit and wisdom we could all draw upon. Your tireless devotion to the completion of each issue of The Briefs demanded countless hours and resulted working into the early hours of the morning. You did this so often that I had to reassure the other employees that 3 a.m. is not the new quitting time. You kept me “grounded” during our brainstorming sessions for new OCBA projects, helping me to examine all angles. You liked having fun. We could always share a joke or humorous life story at the end of the day. Thank you, Peggy, for making

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my time at the bar special. I know you will continue to drive yourself, as you always have, but hope you will enjoy the freedom and peace that I know retirement has to offer. Brant Bittner OCBA Executive Director, 2003-2014 … I really enjoyed working with Peggy throughout the years. Her dedication to the OCBA and The Briefs in particular helped make our bar association what it is today. We were really lucky to have someone so passionate about her job. It showed in all she touched. You will be missed, Peggy! Jamie Billotte Moses OCBA President, 2015-2016 … Amazing Peggy Connoisseur of fine Haiku Each Briefs you touched: Gold Nick Shannin, Esq. OCBA President, 2014-2015 … The pleasure of working with Peggy was one of the greatest joys of being the OCBA president. As much as I appreciated her incredible hard work and dedication to the OCBA and The Briefs, it is her truly sweet spirit that I enjoyed the most. I always looked forward to stopping by Peggy’s office to share stories about our mutual families. She will be truly missed by everyone, and I pray that God blesses her in all that lies ahead! Thanks, Peggy. Paul J. Scheck, Esq. OCBA President, 2013-2014 … Peggy’s work ethic was exemplary. Whether on The Briefs, the weekly Discovery email blast, or the new website, Peggy’s dedication to the job turned out excellent products for the OCBA. And on top of that, she was altheBriefs August 2018 Vol. 86 No. 7

ways a pleasure to work with, no matter how tight the deadline or how stressful the project. Kristopher Kest, Esq. OCBA Executive Council, 2012-Present … I had been a columnist for The Briefs for four years when Peggy Storch started employment with the OCBA under Bill Sublette’s presidency. Bill had previously asked Tad Yates and me to be the co-editors for a two-year period to convert The Briefs from a newsletter format to its current color magazine format. Tad and I had the pleasure and extremely good fortune to work closely with Peggy and have her tutelage throughout the two-year process. Peggy was a tireless and efficient team player during our co-editorship, and an enthusiastic contributor to the conversion. Thereafter, I continued working as a columnist and the “75th Anniversary” articles editor for The Briefs through 2009. Peggy maintained her excellent work product throughout the time I worked with her, continuing into the present. I will be extremely sad to not have Peggy’s smiling presence at the OCBA or the monthly lunches but am grateful that she will still remain as a contributor to the OCBA and The Briefs. Peggy will be sorely missed. Jessica K. Hew, Esq. OCBA The Briefs Editor, 2005-2007 OCBA The Briefs Columnist, 20002005; 2007-2008 … Peggy has been an absolute pleasure to work with on OCBA and Legal Aid activities. She is always patient, cooperative and positive. She knows the answer to any questions posed or would find out what you needed as soon as she could. Completely reliable, unfailingly accurate, and always very professional, Peggy is extremely well respected and appreciated by Legal Aid staff who worked with her in a variety of ways. We are very happy she will continue to work part-time for the OCBA. She is a treasure! Mary Anne DePetrillo, Esq. Executive Director, Legal Aid Society of the Orange County Bar Association, Inc. … Peggy is a shining star, an amazing role model, and the most dedicated, committed, and loyal person I have ever met. The OCBA’s outstanding reputation has been elevated monumentally because of Peggy’s tireless and steadfast work. Mary Ann Etzler, Esq. OCBA The Briefs Editor, 2000-2001 OCBA Executive Council, 2010-2018 … theBriefs August 2018 Vol. 86 No. 7

Peggy Storch brought such a wonderful, sunny disposition, a can-do attitude, and an incredible work ethic to the Orange County Bar Association. We were blessed to have her services for 14 years, and I hope she will get some well-earned rest in retirement; although, knowing Peggy, I suspect she will tackle retirement with the same gusto and energy she brought to the OCBA. Thank you, Peggy! Bill Sublette, Esq. OCBA President, 2005-2006 … Peg is, was, and always will be the stuff of legend. When Allison McMillen and I became co-editors of The Briefs in 2011, we were both a little scared of the responsibility. I had just opened my firm, and Alison was only a couple of years out of law school. We had practices to build! But Peg made the commitment doable. More than doable – editing The Briefs was one of the most rewarding and enjoyable things I’ve done in my legal career, and Peg is a lot of the reason why. Suzanne D. Meehle, Esq. OCBA The Briefs Editor, 2011-2012 … Peggy has been a steadfast professional and friend. Happiness for a well-deserved retirement and kudos for continuing to be the editor. I look forward to continually working with Peggy and discussing the Oxford comma. You will be missed, but never forgotten. Donna Haynes Development Director, Legal Aid Society of the Orange County Bar Association, Inc. … Peggy is a rare gem; a person with a heart of pure gold and work ethnic bar none. Despite these lofty qualities, she is also a lot of fun and it has been a true pleasure to work with her. It is no exaggeration to say that the OCBA would not be the organization it is today without Peggy’s hard work and contributions. I have tried to learn all that I can from Peggy’s wealth of experience and institutional knowledge. I am forever indebted to Peggy for her support of me in my work at the OCBA. I dearly miss our many evening chats and her sound advice and counsel on bar matters. Peggy, I hope you can learn to “unplug” in retirement and that you enjoy many exciting adventures! Kimberly Homer, Esq. OCBA Executive Director, 2014-Present …

I will miss those nights I worked late and could hear a streaming of some groovy music coming from Peggy’s office. I will miss her warm welcome on my way out the door (she was always here later than my late) and I will miss those goodnight chats which sometimes left me here an additional half hour or so as we caught up on our lives. It will be lonely here without her. Karen Fast OCBA Strategic Marketing & Membership Manager … Peggy has always been a pleasure to work with. She is professional, knowledgeable, and never too busy to help out or answer a question (despite the fact that she was very busy). I appreciate everything I have learned from her over the years and will miss her friendship within the office! Candice Maull OCBA Operations Manager … I always show up early to turn the phones on and answer calls. I would wait for Peggy’s light in her office to come on, sometimes for a while, just so I could stop and tell her about the mornings calls and make her laugh. Without fail, everyday I would leave at 5 and Peggy would be hard at work. I kept expecting to find her spending the night at the bar. Michael Krug, Esq. OCBA Lead Lawyer Referral Counselor … Peggy is, in a word, amazing. She is always willing to help, and obviously deeply cares about the OCBA and The Briefs in particular. One of my greatest joys is our frenzied rush each year to get the “Professionalism Awards” announcements into the magazine. There are several moving parts all at once and it comes together without a hitch every time thanks to Peggy’s hard work. I am beyond thrilled that I will get the pleasure of continuing to work with Peggy on The Briefs in her new role as publication manager. Enjoy your retirement, Peggy! Thank you for all that you have done and continue to do for the OCBA! Kate Hollis, Esq. OCBA The Briefs Editor, 2017-Present OCBA Executive Council, 2018-Present

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Legal Education Action Project

YLS Board at The Great Escape

Kimberlee Martin, Esq., and Michael Barber, Esq.

Legal Aid Society Summer Bike Giveaway On Saturday, June 9, 2018, the Legal Aid Society hosted the “Lazy, Hazy, Crazy Days of Summer Bike Giveaway” at Baldwin Park. Nearly 200 children in the Orange County dependency system received a bike, helmet, bike lock, and fresh fruit. Big thanks go to the Young Lawyers Section; Kathy Downs; Chuck Stepter, Esq.; Orlando Wedding Party; Fresh Point for the snacks; and numerous volunteers, including folks from Robert Half Company and Public Allies, as well students from UCF. Andrew Roy, Esq., and Jill Simon, Esq., distributed helmets at the event!

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YLS on the move

Heather M. Meglino, Esq.

n June 8, 2018, YLS president Jill D. Simon, Esq., kicked off the 2018-2019 year with a fantastic YLS board and committee retreat at the Orlando Regional History Center. The young lawyers got down to business, and then the retreat concluded at The Great Escape Room where – no surprise here – all teams escaped in time! June also served as the month of transitions as many new boards were sworn in. The Florida Bar Young Lawyers Division welcomed a new president, Christian George, Esq., from Jacksonville and president-elect, Santo DiGangi, Esq., from Palm Beach. We are also thrilled to see so many of OCBA young lawyers leading Central Florida’s voluntary bar associations: Brandon Sapp, Esq., will be serving as president of the Paul C. Perkins Bar Association; Arti Hirani, Esq., is the new president of the Central Florida Association for Women Lawyers; Annie Kwong, Esq., will serve as president of the Greater Orlando Asian American Bar Association; and Lauren Millcarek, Esq., is the 20182019 president of the Federal Bar Association Orlando Chapter. Congratulations! On June 9, 2018, YLS members participated in the Legal Aid Society’s Guardian ad Litem Bike Giveaway by providing 200 bike helmets to kids in the dependency system. Thank you, Andrew Roy, Esq., and Jill D. Simon, Esq., for attending the event and giving out the helmets! #wedomore.

On June 14, 2018, good times were had at The Florida Bar Young Lawyers Division #sneakytiki after party as part of The Florida Bar Annual Convention. Great job to one of our own, Karen Persis, Esq., for putting on a great party! On June 22, 2018, we welcomed guest speaker Ethan Wall, Esq., the attorney and founder of Social Media Law and Order, to our monthly luncheon. Ethan is a highly sought after social media law speaker and spoke on how to grow your practice and career with social media. Congratulations to Lauren Millcarek, Esq., and Brandon Sapp, Esq., who have been selected by The Florida Bar as 2018-2019 Leadership Academy Fellows. They will surely have a busy year! Stay tuned for these upcoming YLS events: August 17 – YLS Luncheon. 11:30 a.m. to 1:00 p.m. Citrus Club. Our speakers will be Amanda Perry Carl, Esq., from A. Duda & Sons, Inc.; Min Cho, Esq., from uBreakiFix; and Chelsie Flynn, Esq., from Lockheed Martin. Topic: “In-House Counsel Panel Discussion.” A threecourse meal is only $10 in advance. Register by August 15 through the YLS Calendar of Events on the OCBA website. August 2 – Annual Backpack Project Happy Hour. Stay tuned for details in future email blasts. September 7 – Morning at the State Courthouse. Stay tuned for details in upcoming email blasts. September 28 – 27th Annual OCBA/ YLS Charity Golf Tournament. 8:00 a.m. The Ritz-Carlton Golf Club Grande Lakes. For more information or a registration form, please contact Stephanie Alcalde, Esq., at stephanie@ alcaldelegal.com. And don’t forget to find us on Facebook, Twitter, and Instagram: @ ocbayls #ocbayls #wedomore. Heather M. Meglino, Esq., is the owner of Meglino Law, LLC, and has been a member of the OCBA since 2011.

YLS 2018-2019 Board Retreat

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President’sMessage continued from page 3

feel free to “take a pass” and send them to LRIS. Our LRIS staff will help to fill the need. The OCBA is committed to serving the community and we are committed to “bridging the access to justice gap.” Through LAS, our Self Help Center, new technologies, the LRIS panel, and

Feature

the LRIS Modest Means panel, we will continue to serve the underserved. Richard S. Dellinger, Esq., a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., practices in the litigation department in the areas of business litigation, trust and estate litigation, and significant dissolution of marriage. He has been a member of the OCBA since 1999.

continued from page 11

Jamie B. Schwinghamer, Esq., is a shareholder in the Naples office of Roetzel & Andress, LPA, and focuses her practice on estate, trust and guardianship litigation. She is a member of The Florida Bar Real Property, Probate & Trust Law Executive

Council, Probate Litigation Committee, Probate Law & Procedure Committee, and Guardianship & Advanced Directives Committee. Schwinghamer attended the University of Miami School of Law, earning her J.D., magna cum laude, in 2006.

LASGAL Teaching Tips continued from page 23

want to contribute to their community. However, they are unable to do so until they receive their green cards, which we have applied for and which they will need in order to apply for state identification cards. We are so close to the girls living their dreams; they ask about the replacement cards each time I see them. Empowering dependent children to have age-appropriate adolescent experiences, secure employment, learn financial responsibility, obtain a driver li-

cense, and to even fly on an airplane is more than just one, big fantasy for our children. You, with one simple question to the dependency court (“May I please see a certified copy of the child’s birth certificate?”), can make their dreams come true.

Add the LRIS number to your playbook:

Katie Pareja, Esq.,, is a GAL staff attorney with the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2018.

407-422-4537 Your support of LRIS helps fund member benefits, bar programs & community outreach activities.

SpecialAccess to Justice Educating Our Law Students continued from page 4

Clinic focuses on in-court advocacy, where students handle casework for atrisk youth living in extreme poverty and unstable home environments. Students who participate in the Immigration Clinic primarily represent non-citizens seeking immigration benefits or defending against removal proceedings before the Department of Homeland Security or the Executive Office for Immigration. Other clinics are offered. FAMU’s legal clinic programs offer thirdyear law students an opportunity to serve traditionally underserved clients under the supervision of the faculty, the bench, and the bar. One example, the Housing Clinic, features outreach initiatives designed to help homeowners. In addition, the college’s Homelessness and Legal Advocacy Clinic offers a wide variety of services focused on assisting low-income individuals

in areas such as family law, consumer law, creditor harassment, and government benefits. FAMU offers students an opportunity to participate in other clinics as well. UCF’s Department of Legal Studies program provides opportunities for students to become involved in any number of community partnerships within the legal community. For example, students serve LAS staff and clients as interns or volunteers in the Guardian ad Litem program and the Volunteer Advocacy for Children program. They have been trained to handle client intake and have assisted with development projects. Each experience broadens their understanding of the needs in our community. To bridge the access to justice gap, we must start at the beginning. Central Florida’s universities have stepped forward

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The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida

to do just that by providing students the knowledge, skills, and experience – both in the classroom and in the field – to close the gap. It is my belief that our students’ legal education will positively impact their approach to the practice of law and thereby the legally underserved members our community. Kate T. Hollis, Esq., is an associate at Garganese, Weiss, D’Agresta & Salzman, P.A. She is editor of The Briefs and a member of the OCBA Executive Council. She has been a member of the OCBA since 2011.

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Health & WellnessCommittee

I William D. Umansky, Esq.

It's OK to Get Out!

hit 52 this year. I cannot tell you how many times lawyers approach me and ask, “Bill, how do you have the energy to do all of the things you do, especially at your age?” The answer is simple. It comes down to one word. A word I believe is the basis of everything we do. The reason we work, have friends, family, and live life: Love! I love getting up each morning and helping people. I love having the privilege of practicing law. I love that I built a business where I can work with other lawyers who have that same love for what we do as I do. Do you love it? If you do, that is great. But many of you have another truth. Our profession has a large number of colleagues who suffer from depression and alcohol and drug abuse. If you don’t love what you are doing, please get out. Transition to another area of law or get out of the practice altogether. Keep your bar license but find something – anything – else that you will love. I know some of

you must be thinking: “Umansky, how can we make that change when we have children in private school, car notes, house payments, etc.?” Planning. Even if you cannot make the change immediately, you can certainly set a plan in place for a change, transition, or exit within several years. Be specific. You can change your car, enroll your kids in public school, and even downsize your house so you can take a chance in another area of law, business, or any other occupation. My father taught me one very valuable lesson. If you love your job, the money will ultimately follow. We spend more than 50-75 percent of our time at work. It should never feel like we are “just making a living.” Don’t wait until it is too late! Love or leave. It is OK to get out. William D. Umansky, Esq., The Umansky Law Firm, is a member of the OCBA executive council. He has been a member of the OCBA since 1995.

Endings… and Beginnings!

The OCBA’s 2018 Wellness Month Challenge wrapped up with a “Healthy Hour” on May 31 at Create Your Nature and Foxtail Farmhouse in Winter Park. The event drew die-hard fitness fans as well as a supporting cast of challenge participants who achieved goals they may not have thought they’d reach! A big thank you goes to our sponsors, Milestone Reporting and Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. Everyone – get ready now! There may be a challenge in store this coming year!

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ParalegalPost

I Shannon E. Casey, FRP

The Year of You: A Message from the 2018-2019 Paralegal Section President

am delighted and honored to take on the duties of president of the OCBA Paralegal Section. For more than 10 years, our organization has had a positive impact on our local legal community and the paralegal profession. Each and every term since its inception, this section has provided leadership, encouraged professional development, and offered enriching opportunities to its members. Thanks to the extraordinary efforts of our immediate past president, Paul Pelton, and our 20172018 board of directors, we begin this term in a great position to continue doing just that. How we will do it, though, is up to you. After this article is published, our members will be receiving, via email, a survey about their membership experience. The survey is being crafted by our board to ensure that it does not take up too much of your (billable) time but gives you a chance to anonymously provide feedback about the Paralegal Section. Are we emailing you too much? Are you enjoying the events we host? Do the CLEs we plan benefit you? Did we do something once that you loved, and then we never did it again? Please tell us. We’re asking. Early this term, we will review your responses and work to address the issues that you’ve raised and incorporate the ideas that you have. I would also like to get our general membership more actively involved in planning and executing section events. I know we’re all busy, but I know I have never participated in an OCBA event where I walked away and said, “I wish I never had done that.” I’ve always ended up learning something, having a good time, and meeting people that I’m glad to know. I’m not exactly a “networking person,” but I’ve stuck around for several years now because I found that putting myself out there is surprisingly rewarding – both professionally and personally. So, as we plan events throughout the year, we will be sending emails to our membership advising them of ways to get involved. Do you like to plan parties? Help us with our annual holiday event! Interested in graphic design? Create a flyer for our next lunch & learn! Look out for emails with ways for you to get involved and get to know our board. Speaking of our board, I would like to introduce you to the top-flight team that will be undertaking these and many other initiatives throughout the year:

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Paul Pelton, FRP, is a senior litigation paralegal with The Maher Law Firm and has more than 30 years of experience in all phases of civil trial work. With an education in medical science and paralegal studies, Paul concentrates his practice in high-exposure cases involving medical malpractice, nursing home residents’ rights claims, product liability matters, and complex BI claims. Paul serves by appointment of the Supreme Court of Florida on the Standing Committee on the Unlicensed Practice of Law for The Florida Bar through 2020. This term, Paul serves the OCBA Paralegal Section as its immediate past president and mentorship chair. Meredith Gibson Zornek, FRP, is a commercial real estate paralegal at Baker Hostetler LLP. Meredith has more than 15 years of experience as a paralegal, having worked in Florida, North Carolina, and New York. She is also very dedicated to her community. Meredith is a past board member and secretary of The Mustard Seed of Central Florida and currently is the vice-president of youth and programming at The Roth Family JCC of Greater Orlando. She enjoys spending time with her family and friends, glamping, and yoga. Meredith is a past president of the OCBA Paralegal Section (2016-2017) and serves this term as the vice president and CLE chair. Kathy Adams, FRP, is a 2002 Valencia College graduate with an associate of science degree. Kathy has worked at the Law Offices of Michael L. Moore, P.A., for the past 16 years as a senior paralegal. She actively participates in a large number of high-level and complex litigation matters in federal and state court, including federal administrative cases, FTC litigation, and complex business court. She has been a member of the Valencia College Paralegal Studies Advisory Committee since 2004 and is a Florida Notary Public. This term, Kathy will serve the OCBA Paralegal Section as its secretary and treasurer. Paul A. Smith, FRP, is a graduate of Western Michigan University and Valencia College and has been involved in the area of association law for the last five years. He has been a member of the OCBA since 2012 and began his service with the OCBA Paralegal Section in 2012 as a special appointee. He is a rabid Formula 1 racing fan whose favorite driver is Fernando Alonso. This term, Paul will serve the OCBA Paralegal Section as its membership co-chair.

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Cori Schlitt, FRP, CP, is a paralegal at Killgore, Pearlman, Semanie, Denius & Squires, P.A., where she assists with consumer defense litigation, creditors’ rights, and commercial litigation matters. She graduated from the University of Central Florida with a bachelor of science in legal studies. In her spare time, she enjoys traveling, boating, fishing, exercising, and spending time with her pets. Cori will serve the Paralegal Section this year as its social chair. Shannon Rush, FRP, studied radiography at the Florida Hospital College of Health Sciences. Shannon works at McDonald Toole Wiggins, P.A., where her main focuses are products liability and insurance defense. She enjoys hiking, biking, and traveling. Shannon will serve the OCBA Paralegal Section as its communications chair. N. Renae Hicks is a student in the Valencia College Paralegal Studies Program and will graduate in May 2019. Renae is a former assistant branch manager for JP Morgan Chase Bank, N.A., pursuing her childhood dream of working in the legal field. After graduation, she will be attending Arizona State University and majoring in communications. She is an art enthusiast who loves to travel and read. Renae is a special appointee to the OCBA Paralegal Section board and will serve as its membership co-chair. If there is anything the OCBA Paralegal Section can help you with this year, please do not hesitate to reach out to us. We will be keeping in touch via email and our Facebook page, and the OCBA calendar and Paralegal Section page on the website will be updated with all of our upcoming events and ways to get involved. Welcome to the “Year of You!”

PhotoOp

The 2018 Law Week co-chairs and committee chairs gathered on June 19, 2018, for one last time… before starting all over again… at Artisan’s Table for a round of drinks, a few laughs, and well-deserved pats on the back for another fabulous year of promoting civics education in our community! Front: Lorraine Pitre, Esq.; Annie Kwong, Esq.; Shont’a McCord; Brandon Sapp, Esq. Middle: Kim Homer, Esq.; Keshara Cowans, Esq.; Patti Savitz, Esq.; Andrew Irvin, Esq.; Lauren Robertson, Esq. Back: Kevin Fedotov; John Hunt, Esq.; Onchantho Am, Esq.; Lisa Thomas, Esq.

Shannon Casey, FRP, is a litigation paralegal with Greenberg Traurig, P.A. She is a graduate of the Valencia College Paralegal Studies Program and has been a member of the OCBA since 2013. She has served on the Paralegal Section board of directors since 2015.

Bring your lunch and pick up great practice pointers!

Sept. 10: TBD OCT. 8: Witness

Invite your colleagues to join the OCBA today!

Preparation; The Hon. Don Myers and the Hon. Tanya Wilson

Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! 407-422-4551, ext. 225 theBriefs August 2018 Vol. 86 No. 7

12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org

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Hearsay...

Vanessa A. Braga, Esq.

espite the summer months, there has been no shortage of news regarding our fabulous Orange County Bar Association members. Without any further delays, I present to you this month’s “Hearsay” column: Awards and Accolades Denise Dell-Powell, Esq., of Burr & Forman, LLP, was inducted as a fellow into the American College of Bankruptcy in Washington, D.C. The American College of Bankruptcy is an honorary public service association comprised of professionals who have a proven record of the highest standards of professionalism and service to the profession and their communities. Community Involvement Hollie Croft, Esq., of Broad and Cassel, was appointed to the United Against Poverty Orlando board of directors. United Against Poverty is dedicated to inspiring and empowering people living in poverty to lift themselves and their families to economic sufficiency. John C. Ruffier, Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., was elected vice chair of the Human Rights Campaign board of directors. The Human Rights Campaign, along with the Human Rights Campaign Foundation, serves as America’s largest civil rights organization working to achieve LGBTQ equality. Nicholas D. Seidule, Esq., of Seidule Law, was elected to the College Park Main Street board of directors. Congratulations! Ava K. Doppelt, Esq., of Allen, Dyer, Doppelt & Gilchrist, P.A., gave a presentation, “Copyright Principles Writers Should Know So We’re All on The Same Page,” to the Florida Writer’s Association. Ryan E. Davis, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., was appointed vice president of the Adult Literacy League of Central Florida, whose purpose is to serve by building a literate community. Vincent A. Citro, Esq., of the Law Offices of Mark L. Horwitz, P.A., has been appointed to the Orlando Grievance Committee for the United States District Court Middle District of Florida. Johanna Wills Clark, Esq., of Carlton Fields, P.A., moderated a panel entitled “Class Actions, Real Estate Contracts/Litigation, County Government Relationships” at the Association of Corporate Counsel Central Florida Chapter’s Dimension event. On the Move Joshua D. Grosshans, Esq., has become a partner in the Orlando office of Latham, Shuker, Eden & Beaudine, LLP, focusing on construction and general business matters.

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Timothy W. Sobczak, Esq., was promoted to shareholder in Dean Mead’s Orlando litigation department. His practice involves contract and business disputes, real estate litigation, landlord and tenant litigation, trusts and estates litigation, and construction litigation. Trevor B. Arnold, Esq., of the Orlando office of GrayRobinson, has been named chair of the firm’s statewide construction practice group. Brenda J. Newman, Esq., opened Newman Mediation & Law, which provides mediation services for myriad practice areas. Anthony Hall, Esq., has joined Morgan & Morgan, P.A., focusing on labor and employment law. Loren M. Vasquez, Esq., and Shaun A. Rechsteiner, Esq., have joined ShuffieldLowman’s Orlando office, focusing on commercial, civil, and fiduciary litigation. Dennis J. Wall, Esq., presented his paper, “Social Security Old-Age Insurance: Is There a Constitutional Right?” at the Third Annual American Constitution Society Constitutional Law Scholars Forum at Barry Law School in Orlando. He is the author of a forthcoming book on how concealed evidence and secret settlements change our lives. Eric F. Werrenrath, Esq., has joined Winderweedle, Haines, Ward & Woodman, P.A., as an associate attorney. His practice includes commercial litigation and commercial real estate lending. Richa Choudhary-Mehta, Esq., has joined the Department of Children and Families, Children’s Legal Services in Kissimmee. Rahul Y. Parikh, Esq., recently joined The Ladan Law Firm, P.A., as an associate attorney, focusing on criminal defense. Joseph W. Carey, Esq., joined Roig Lawyers as of counsel, focusing on personal injury, underinsured/uninsured motorist claims, first-party coverage claims, and complex SIU and PIP litigation. In Remembrance Thomas F. Lang, Sr., Esq., passed away on April 22, 2018. Mr. Lang, a U.S. Army veteran, earned in J.D. from Florida State University College of Law and was admitted to The Florida Bar in 1975. Most recently, he practiced at ShuffieldLowman, P.A. We extend our condolences to family, friends, and colleagues. David A. Young, Esq., passed away on April 27, 2018. He was a partner at Fisher Phillips, P.A., and practice in the areas of employment and labor law. Mr. Young received his J.D. from the University of Florida Levin College of Law. We extend our sincere sympathy to his family, friends, and colleagues. continued page 36

theBrief s August 2018 Vol. 86 No. 7

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REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

George F. Indest III, J.D., M.P.A., LL.M. • Board Certified by The Florida Bar in Health Law • More than 30 years of legal experience • LL.M. from George Washington University • Admitted in Florida, Louisiana and D.C.

Lance O. Leider, J.D., LL.M. • B.A., University of Florida • J.D., Barry University School of Law • LL.M. from Loyola University Chicago School of Law’s Beazley Institute for Health Law and Policy

• Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

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theBriefs August 2018 Vol. 86 No. 7

2018

PART 2 JULY - DECEMBER

August 7, 2018

Current Eviction Practices from the Tenants’ View

August 21, 2018

Nurturing our Newborns: Advocacy in Early Childhood Court

September 11, 2018

Changing Your Name and Gender Marker. A Primer for Helping Transgender Individuals

September 25, 2018

It’s Gonna be Legend – Wait for it – Dary… Legendary! Mental Health Advocacy Outside of the Courtroom

October 9, 2018

Unified Family Court and DV

October 23, 2018

The Thrill of Victory and The Agony of Defeat - Adaptive Sports for Children with Disabilities

November 6, 2018

Guardianship of the Person

November 13, 2018

Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking

December 4, 2018

Mental Health Issues in Family Law Litigation

December 11, 2018

Is that Your Final Answer? Knowing What to Ask About the Regis Little Act

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO mcarbo@legalaidocba.org ctucker@legalaidocba.org merazmus@legalaidocba.org

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

ALL TRAININGS HELD AT Marks Street Senior Complex | 99 East Marks Street | Orlando, FL 32803 | Cypress Room theBriefs August 2018 Vol. 86 No. 7

www.orangecountybar.org

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Ne w M e mbe rs Attorneys Kelly BARNES Benjamin S. BURNSTINE Kristilee M. CHIHOS Andrew CUEVAS Bradley J. DAVIS Jasmine ESMAILBEGUI Erica Givens GLASGOW Novera HAMI Yaima HOLZMAN Dustin KEENEY Lan KENNEDY-DAVIS Nicolette A. KRAMER Vernesha MAYWEATHER

Hearsay... continued from page 32

Jerika MOBLEY Ariel NILES Jasmine Prosper LeGRAND Samuel S. REDA Robert J. RUIZ Elizabeth SALINAS Abood SHEBIB Paul SUTHERLAND Pausha TAGHDIRI Raymond TREADWELL Philip WAYNE Jan WILLIAMS Nicholas WOLFMEYER Kenneth WRIGHT

Law Students Anne BRATTON-JEFFERY Allana SMITH

Paralegal Students John L. CODERRE Marcelina D.P. CUNHA Jennifer L. DREW Veronica FIGUEROA Alysha GRAHAM Mariana MOJICA Janis OLKOWICZ Lillian N. SUTTER

Remember, the “Hearsay” column is for you. Please send any news, including birth announcements and news about members who have passed away, to vanessa. braga@qpwblaw.com. See you in October! Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of nursing home and assisted living facility defense litigation, premises liability, and medical malpractice defense. She has been a member of the OCBA since 2014.

Remember to vote in the 2018 Primary Election on August 28, 2018. See your county Supervisor of Elections website for candidates and issues.

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

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of the Orange County Bar Association, Inc. Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.

2-9 Members Allen, Miller & Diaz, P.A. Allen, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Arwani Nava Law Firm PLLC Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Beshara, P.A. Billings, Morgan & Boatwright, LLC Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. Cynthia Conlin & Associates DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A.

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Francoeur Law Firm Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Hale, Hale & Jacobson, P.A. Harris Harris Bauerle Ziegler Lopez Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Amber Jade F. Johnson, P.A. Law Offices of Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Mark L. Horwitz, P.A. Lewis & Crichton Lim Law, P.A. Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A.

N. Diane Holmes, P.A. O’Mara Law Group Provencher & Simmons, P.A. Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Small Business Counsel Southern Trial Counsel Sperling Ducker, P.L.C. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Benenati Law Firm The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Llabona Law Group The Orlando Law Group The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

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Events Aug. 7 – Member Perks. 7:30 a.m.-9:00 a.m. OCBA Center. Speakers: David A. Yergey, Jr., Esq., and David A. Yergey, III, Esq. Register by Aug. 6 through the OCBA Store. Aug. 22 – OCBA Annual Trivia Contest. 5:30 p.m.-8:00 p.m. Ace Café. Sponsored by: Milestone Reporting, First GREEN Bank, Colling Gilbert Wright & Carter, and Accurate Serve. See ad on page 19. Sept. 11 – Member Perks. 7:30 a.m.-9:00 a.m. OCBA Center. Speaker: Mayanne Downs, Esq. Sponsored by: Orange Legal. Register by Sept. 10 through the OCBA Store. Sept. 28 – 27th Annual OCBA-YLS Charity Golf Tournament. 8:00 a.m. Ritz-Carlton Golf Club Grande Lakes. For details, contact Stephanie Alcalde at 407-801-9230, or stephanie@alcaldelegal.com. See ad on page 19. Oct. 2 – Member Perks. 7:30 a.m.-9:00 a.m. OCBA Center. Speaker: Bruce B. Blackwell, Esq. Register by Oct. 1 through the OCBA Store.

Seminars Aug. 1 – Business Court Closure and Judicial Funding Panel. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Free (OCBA members); $15 (non-members). Speakers: The Hon. Frederick J. Lauten; Sen. Linda Stewart; Richard S. Dellinger. Sponsored by: Morrison Valuation & Forensic Services. Register by July 31 through the OCBA Store. Aug. 3 & 4 – New Lawyer Training Program. 9:00 a.m.-5:00 p.m. OCBA Center. Learn how to navigate the courts and get tips on starting your own practice. CLE: 7.0. Speakers include judges, judicial assistants, attorneys, and law practice services vendors. $175 (OCBA members and students); $195 (non-members). Breakfast, lunch and receptions included. Sponsored by: Martindale-Hubbell, Westlaw, First GREEN Bank, Milestone Reporting, and Florida Lawyers Mutual Insurance Company. Register by Aug. 1 through the OCBA Store. Aug. 7 – Current Eviction Practices from the Tenants’ View. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Mike Resnick, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Aug. 13 – Nursing Home Claim: When Should a Family Concern Be Pursued? Elder Law Committee and Estate, Guardianship & Trust Committee. 1:00 p.m.-3:00 p.m. OCBA Center. CLE: 2.5 general, including 2.5 elder law certification (approved). Free (OCBA members); $15 (nonmembers). Speaker: Kim Kohn. Sponsored by: Goudie & Kohn. Register by Aug. 10 through the OCBA Store. Aug. 15 – Social Media Series Part II - Advertising. Professionalism Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 ethics and 0.5 technology (approved). Free (OCBA members); $15 (non-members). Speaker: Patricia Ann Toro Savitz, Esq. Register by Aug. 13 through the OCBA Store. Aug. 17 – Family Lawyers Need to Know… OCPS. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speakers: Diego “Woody” Rodriguez, Esq.; Jared A. Brooks, Esq.; Sarah J. Kopesky, Esq. Sponsored by: Milestone Reporting. Register by Aug. 15 through OCBA Store. Aug. 21 – Anatomy of a Practice Area. Solo & Small Firm Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speakers: Thomas Feiter, Esq.; Rebecca L. Morgan, Esq. Register by Aug. 19 through the OCBA Store. Aug. 21 – Nurturing our Newborns: Advocacy in Early Childhood Court. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Jonathan Neyer, Esq.; The Hon. Alicia Latimore. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Aug. 24 – Aggregate Litigation Pursuant to the FLSA’s 29 U.S.C. § 216 in the Eleventh Circuit. Labor & Employment Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (approved). Free (OCBA members); $15 (non-members). Speaker: Scott Adams, Esq. Register by Aug. 22 through the OCBA Store.

Aug. 28 – Using Microsoft Applications to Run an Efficient and Organized Law Practice. Technology Committee. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 2.0 general, including 2.0 technology (approved). Free (OCBA members); $15 (non-members). Speakers: Sonny Vitale, Esq.; Lisa Gong Guerrero, Esq.; Barbara J. Leach, Esq. Register by Aug. 26 through the OCBA Store. Aug. 31 – Repayment Options for Student Loans in a Chapter 13 Bankruptcy. Bankruptcy Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending.) Free (OCBA members); $15 (nonmembers). Speaker: Lewis Roberts, Esq. Register by Aug. 29 through the OCBA Store. Sept. 5 – Public Records Act Primer for the Business Law Practitioners. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (non-members). Speakers: Carrie Ann Wozniak, Esq.; James Goldsmith, Esq. Register by Sept. 3 through the OCBA Store. Sept. 10 – Brown Bagging with the Bobs. Details to come. Sept. 11 – Changing Your Name and Gender Marker: A Primer for Helping Transgender Individuals. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Larri Thatcher, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Sept. 13 – Green Cards for Sale? The EB-5 Immigrant Investor Program. Immigration Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speaker: Salvatore J. Picataggio, II, Esq. Sponsored by Goudie & Kohn, P.A. Register by Sept. 11 through the OCBA Store. Sept. 17 – Community Resources for Elders. Elder Law Committee and Estate, Guardianship & Trust Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (non-members). Speaker: Mimi Reggentin, Orange County Office on Aging. Register by Sept. 15 through the OCBA Store. Sept. 18 – Cyber Security for Law Firms of All Sizes. Technology Committee. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 2.0 general, including 2.0 technology (approved). Free (OCBA members); $15 (non-members). Speaker: Marissa Trevino, Zeno Office Solutions. Register by Sept. 16 through the OCBA Store. Sept. 25 – It’s Gonna be Legend – Wait for it – Dary… Legendary! Mental Health Advocacy Outside of the Courtroom. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Marie Priebe, Esq.; Mary Ann Etzler, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba. org. Sept. 26 – Professionalism Committee Seminar. Details to come. Oct. 8 – Witness Preparation. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse 23rd Floor Conf. Room. CLE: 1.0 (pending). Speakers: The Hon. Don Myers; the Hon. Tanya Wilson. RSVP to Cindy Brown at ctjacb1@ocnjcc.org. Oct. 9 – Using Technology to Efficiently and Effectively Navigate Official Records. Technology Committee. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 2.0 general, including 2.0 technology (pending). Free (OCBA members); $15 (non-members). Speaker: Philip Diamond, Esq. Sponsored by: Milestone Reporting. Register by Oct. 7 through the OCBA Store. Oct. 9 – Unified Family Court and DV. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: The Hon. Alicia Latimore; Tenesia Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Oct. 23 – The Thrill of Victory and the Agony of Defeat - Adaptive Sports for Children with Disabilities. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Sally McArthur, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

An n o unce ments

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CLASSIFIED ADS EMPLOYMENT EMPLOYMENT LAW PRACTICE seeks experienced Legal Assistant. Must have experience with electronic filing systems in both state and federal court, managing trial calendars and preparing pleadings and correspondence. Please submit resume to kkuhn@ lblaw.attorney. AV MULTI-PRACTICE firm needs litigation attorneys with minimum three years’ insurance defense experience for the following practice areas: general liability; auto; commercial transportation; premises liability. Candidates should have proven track record and a strong work ethic. Excellent opportunity for the right candidate. Please email detailed resume to hrf@ awtspa.com. ASSOCIATE ATTORNEY – ESTATE AND SUCCESSION PLANNING Dean Mead, P.A., a prominent mid-sized firm with offices throughout Florida, is seeking an associate with up to 5 years’ experience in estate planning and estate and trust administrations to join its Estate and Succession Planning Group in Orlando. The associate will work on sophisticated estate plans, family business succession plans, and the administration of large estates and trusts as part of a collaborative and clientfocused team. Also, the associate will draft complex

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legal documents, prepare estate and gift tax returns, and communicate with clients and colleagues to meet our clients’ goals. Qualifications: An LL.M. in Taxation is required for this position. Candidates must be organized, efficient, and detail oriented, with the ability to prioritize and handle a large case load. Candidates should also have the desire to develop new business and build a practice. To be considered for this position, please submit a cover letter describing your interest in the position and your qualifications, along with your current resumé to jobs@deanmead.com. Dean Mead is an Equal Opportunity Employer. SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys 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 BI ATTORNEY NEEDED: Established insurance defense law firm seeks trial attorney with 7+ years of trial practice experience. The candidate must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very

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

lucrative compensation package is available for the right person. Send resumes to mheaberlin@gobelflakes. com. HEALTH ATTORNEY FOR SMALL LAW FIRM concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 3313030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE.

OFFICE SPACE/SALE/ RENT/LEASE DOWNTOWN OFFICE BUILDING AVAILABLE: 1305 E. Robinson Street: Beautiful and well maintained two story free standing building with parking. Restrooms on each floor, plenty of built-in storage and a kitchen. A “must see”. Approximately 2,500 sq ft. Contact: Gene@ HessAccounting.com 407716-9529 PROFESSIONAL OFFICE SPACE AVAILABLE, 800 sq/ft. Furnished offices. Kitchen. Ample parking. Two conference rooms. Email Kristin at kstaley@ crewsandpesquera.com. OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free

www.orangecountybar.org

parking. Conference and kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 898-4848. LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area. Completely Renovated/ Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free - $745.00, plus tax. Parking included. (407)6481500. DOWNTOWN OFFICE AVAILABLE. 11th floor. Views of Lake Eola and downtown. Ample parking. Includes secretarial stations with receptionist, telephone, internet, copier. Please call 407-792-1285. OFFICE SPACE AVAILABLE, UP TO 831 SQUARE FEET within shared suite of offices, downtown Orlando tower, easily accessible, fitness center on property, within walking distance to Lymmo, Sunrail, City Hall, Performing Arts Center, and restaurants. Conference room, kitchen, receptionist, electric, internet, phone, fax, copier, on-site parking available. Inquiries: 407-8437300.

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OCBA Calendar

August

AUGUST - SEPTEMBER - OCTOBER

Business Law Committee 1 Seminar Business Court Closure and Judicial Funding Panel 12:00 p.m. • OCBA Center

3&4

New Lawyer Training Program 9:00 a.m. • OCBA Center Member Perks Speaker Series 7 7:30 a.m. •OCBA Center LAS Lunchtime Training Current Eviction Practices from the Tenants’ View 12:00 p.m. • Marks St. Senior Ctr. Professionalism Committee Meeting 12:00 p.m. • OCBA Center OCBA Executive Council 8 Meeting 4:30 p.m. • OCBA Center Social Security Committee 9 Meeting 12:00 p.m. • OCBA Center Family Law Executive Board Meeting 12:00 p.m. • OCBA Center 1 3 Elder Law Committee and Estate, Guardianship & Trust Committee Seminar Nursing Home Claim: When Should a Family Concern Be Pursued? 1:00 p.m. • OCBA Center 1 5 Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee Seminar Social Media Series Part II – Advertising 12:00 p.m. • OCBA Center 1 7 YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar Family Lawyers Need to Know… OCPS 12:00 p.m. • OCBA Center Solo & Small Firm 21 Committee Seminar Anatomy of a Practice Area 12:00 p.m. • OCBA Center LAS Lunchtime Training Nurturing our Newborns: Advocacy in Early Childhood Court 12:00 p.m. • Marks St. Senior Ctr. Annual Trivia Contest 22 5:30 p.m. • Ace Café OCBA Luncheon 23 11:30 a.m. • Embassy Suites Downtown Orlando PAGE 40

2 4 Labor & Employment Committee Seminar

Aggregate Litigation Pursuant to the FLSA’s 29 U.S.C. § 216 in the Eleventh Circuit 12:00 p.m. • OCBA Center Technology Committee 28 Seminar Using Microsoft Applications to Run an Efficient and Organized Law Practice 12:00 p.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center OCBA Mentoring Program 30 Kick-off Luncheon 11:30 a.m. • OCBA Center Bankruptcy Law Committee 31 Seminar Repayment Options for Student Loans in Chapter 13 Bankruptcy 12:00 p.m. • OCBA Center Labor & Employment Committee Meeting 12:00 p.m. • OCBA Center

September

Labor Day 3 OCBA Center Closed Professionalism Committee 4 Meeting

12:00 p.m. • OCBA Center Business Law Committee 5 Seminar Public Records Act Primer for the Business Law Practitioner 12:00 p.m. • OCBA Center 1 0 Brown Bagging with the Bobs 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Member Perks 11 7:30 a.m. • OCBA Center LAS Lunchtime Training Changing Your Name and Gender Marker: A Primer for Helping Transgender Individuals 12:00 p.m. • Marks St. Senior Ctr. Veterans Committee Meeting 12 12:00 p.m. • OCBA Center Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Immigration Law Committee 13 Seminar Green Cards for Sale? The EB-5 Immigrant Investor Program 12:00 p.m. • OCBA Center Family Law Executive Board Meeting 12:00 p.m. • OCBA Center

Social Security

Committee Meeting 12:00 p.m. • OCBA Center 1 4 Labor & Employment Committee Meeting 12:00 p.m. • OCBA Center Elder Law Committee and 17 Estate, Guardianship & Trust Committee Seminar Community Resources for Elders 12:00 p.m. • OCBA Center Technology Committee 18 Seminar Cyber Security for Law Firms of All Sizes 12:00 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center 1 9 Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center 2 1 YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Meeting 12:00 p.m. • OCBA Center 2 5 LAS Lunchtime Training It’s Gonna be Legend – Wait for it – Dary… Legendary! Mental Health Advocacy Outside the Courtroom 12:00 p.m. • Marks St. Senior Ctr. Social Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee 26 Seminar TBD OCBA Luncheon 27 11:30 a.m. • Embassy Suites Downtown Orlando th 28 27 Annual Golf Tournament 8:00 a.m. • Ritz-Carlton Grande Lakes Bankruptcy Law Committee Meeting 12:00 p.m. • OCBA Center Labor & Employment Committee Meeting 12:00 p.m. • OCBA Center

October Member Perks 2 7:30 a.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center Business Law Committee 3 Meeting 12:00 p.m. • OCBA Center Labor & Employment 5 Committee Meeting 12:00 p.m. • OCBA Center

www.orangecountybar.org

August Luncheon August 23, 2018

The Hon. Frederick J. Lauten

Embassy Suites Downtown Orlando 11:30 a.m.-1:00 p.m. 191 E. Pine St., Orlando, FL 32801 RSVP by August 20, 2018 orangecountybar.org/store Title Sponsor: First GREEN Bank Brown Bagging with the Bobs 8 Witness Preparation

12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • OCBA Center Technology Committee 9 Seminar Using Technology to Efficiently and Effectively Navigate Office Records 12:00 p.m. • OCBA Center LAS Lunchtime Training Unified Family Court and DV 12:00 p.m. • Marks St. Senior Ctr. Lawyers Literary Society 1 0 Meeting 12:00 p.m. • OCBA Center Veterans Committee Meeting 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center 1 1 Social Security Committee Meeting 12:00 p.m. • OCBA Center Family Law Executive Board Meeting 12:00 p.m. • OCBA Center 1 6 Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center 17 Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center 19 YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Meeting 12:00 p.m. • OCBA Center 23 LAS Lunchtime Training The Thrill of Victory and the Agony of Defeat – Adaptive Sports for Children with Disabilities 12:00 p.m. • Marks St. Senior Ctr. Social Committee Meeting 12:00 p.m. • OCBA Center 25 OCBA Luncheon 11:30 a.m. • Embassy Suites Downtown Orlando 26 Bankruptcy Law Committee Meeting 12:00 p.m. • OCBA Center Labor & Employment Committee Meeting 12:00 p.m. • OCBA Center

theBriefs August 2018 Vol. 86 No. 7

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Orange County Bar Association - The Briefs - August 2018