A Publication of the Orange County
Bar Association
Inside this Issue: President’s Message A True Story Anthony F. Sos, Esq.
August 2019 Vol. 87 No. 7
Judicial Relations Committee Becoming a Better Legal Community by Working Together The Honorable Eric H. DuBois
Feature Article What Clients Should Expect in Mediation David P. Hathaway, Esq. Editors’ Feature “Previously on... Survivor” Kate T. Hollis, Esq. Karen L. Middlekauff, Esq. Robyn M. Kramer, Esq.
Your Child Injury Attorneys Contact us for co-counsel opportunities
SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Orlando 407.841.9866
theBriefs August 2019 Vol. 87 No. 7
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the Briefs
Contents 3
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Legal Aid Society What We Do... Paralegals: The Real Pro Bono Preference Bethanie A. Barber, Esq.
President’s Message A True Story Anthony F. Sos, Esq.
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OCBA Luncheon Aurora McCreary, Esq. From Counsel’s Table to Tribal Council
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Professionalism Committee A Lawyer’s Special Responsibility Lisa Ann Thomas, Esq.
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Editors’ Feature “Previously on... Survivor” Kate T. Hollis, Esq. Karen L. Middlekauff, Esq. Robyn M. Kramer, Esq.
Hearsay Columnist Linnea M. Eberhart YLS on the Move Andrew P. Irvin SideBar Alena V. Baker
w OFFICERS Anthony F. Sos, President LaShawnda K. Jackson, President-elect Eric C. Reed, Treasurer Karen L. Persis, Secretary
Ninth Judicial Circuit Retirement Celebration: The Honorable Chief Judge Frederick J. Lauten
Chief’s Column The Cause of the Defenseless The Honorable Donald A. Myers, Jr.
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Clerk’s Corner Clerk’s Office Serving the Community Tiffany Moore Russell, Esq.
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The Florida Bar Board of Governors Report Report from The Florida Bar Board of Governors: May 24, 2019 Julia L. Frey, Esq. Wayne L. Helsby, Esq. Thomas P. Wert, Esq.
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Judicial Relations Committee Becoming a Better Legal Community by Working Together The Honorable Eric H. DuBois
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LRIS News OCBA Lawyer Referral & Information Service Awards Luncheon
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Feature Article What Clients Should Expect in Mediation David P. Hathaway, Esq.
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Legal Aid Society Teaching Tips Practical Financial Discovery in LimitedResources Family Cases Angel M. Bello-Billini, Esq.
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YLS on the Move Andrew P. Irvin, Esq.
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SideBar Alena V. Baker, Esq.
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Guest Article FR/BAR Contracts: Reconsidering the Differences Between the “AS IS” Contract and the Standard Contract in the Wake of Diaz v. Kosch Michelle Gomez Hinden, Esq. Flor Leiva New Members
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Events & Seminars
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Classifieds
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w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Joan Giovanni w Publication Services Peggy Storch
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 ©2019 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968
w EXECUTIVE COUNCIL Jared A. Brooks Euribiades Cerrud, II Keshara D. Cowans Amber N. Davis Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Fermin Lopez Gary S. Salzman Jessica A. Travis William D. Umansky M. Ryan Williams Richard S. Dellinger, Ex-officio C. Andrew Roy, YLS President
Paralegal Post The OCBA Paralegal Section and Legal Aid Society Bridge the Gap Shannon Hager, FRP Lori M. Spangler, FRP
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©2019
Associate Editors Karen L. Middlekauff & Robyn M. Kramer
20-21
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Editor Kate T. Hollis
www.orangecountybar.org
880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551
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President’sMessage
August 2019 F
A True Story
ind your passion and you will find your free- of what he was able to create with those limited dom. Sound corny? Tell that to Valentino resources. Dixon, who was recently set free after serving An outgoing warden in the prison took note of 27 years in prison before he was exonerated, all be- Dixon’s art, realizing it was something special. He cause he clung to his passion while locked up in a asked Dixon to do him a favor and, as a celebrasmall cell at the infamous Attica Correctional Fa- tion of his retirement, to draw the 12th hole of the cility. The story of his exoneration is inspirational. legendary Augusta National Golf Club. Although On August 10, 1991, Torriano Jackson was shot Dixon had never stepped foot on a golf course, he and killed. Less than 48 hours later, the killer, La- decided to give it a try. In using a photo to draw marr Scott, went on the news and confessed in the golf course, Dixon was able to transport himAnthony F. Sos, Esq. detail how he was the one who murdered Jackson. self, finding a sense of peace. This inspired him However, three witnesses, with skeptical credibil- to draw other golf courses, using images from ity, all pointed the finger at Valenti- around the world. Hour after hour, he would no Dixon as the murderer. Instead spend creating golf art. Not only did Dixon find of investigating the person who his figurative freedom in art, but soon it would confessed, police charged Dixon lead to his actual freedom. with the murder. At trial, Dixon’s Golf Digest ran a column called “Golf Saved My public defender chose to waive the Life,” which it used to solicit stories from people opening statement and did not call who used golf to help cope with life’s challenges. any witnesses to the stand. Dixon The column was the perfect way for Dixon to tell was convicted of murder and sen- his story because, although he was incarcerated tenced to a prison term of 38 ½ years to life. The problem: He did not commit the murder. Imagine that. How would you feel to be locked up in Brooks Koepka, Valentino Dixon, one of the toughest prisons in Tiger Woods the country for a crime you Augusta National Golf Club, did not commit? Bitter, an2019 Masters Tournament gry, helpless? Needless to say, Dixon struggled in prison. But his uncle imparted words of wisdom that resonated with Dixon: “If you reclaim your talent, you can reclaim your life.” Dixon now likens Thoughts of Augusta 12th Hole, Augusta National Golf Club that sage piece of advice to the famous quote from Shawshank Redemption: and had never stepped foot on a golf course, he “Get busy living or get busy dying.” felt golf truly had saved his life. Dixon did just that. After seven years of incarcera- In 2011, Golf Digest editorial director, Max Adler, tion, he found a way to reclaim his passion for art. received a mysterious envelope from inmate #91For six to ten hours a day, Dixon would draw. He B-1615. Upon opening the envelope, Adler found drew plants. He drew animals. Then, he started a small drawing and a meticulously handwritten putting his art onto greeting cards, mixing images note. The note explained how even though Dixon with original messages. Although prison confine- was suffering the ultimate loss of freedom – servment naturally limited his access to art supplies, ing a sentence for crime he did not commit – he Dixon made do. His artwork was unique because continued page 4 theBriefs August 2019 Vol. 87 No. 7
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President’sMessage continued from page 3
had learned to find freedom through golf. As Dixon told it, “Some days, after I completed a drawing, I felt like I had just completed 18 holes.” Highly skeptical, but nonetheless intrigued by Dixon’s claim of innocence, Adler scheduled a prison visit with Dixon. The guards mocked the Golf Digest editor, not able to fathom why the editor of such a publication would take enough interest in a convicted murderer to visit him inside a maximum-security prison. But Adler was curious. After visiting with Dix- Fountain Paradise on, he wanted to learn more about the conviction, so he had Dixon’s mother ship him the entire 3,000page case file. Adler spent more than five months digesting the case file. After reading the file in its entirety, Adler was one hundred percent convinced of Dixon’s innocence. In the July 2012 Golf Digest issue, Adler told the story of how Dixon developed his unique gift as a golf artist while sitting in prison for a murder he did not commit. Adler’s Golf Digest story gained traction. Golf Channel picked up the story and convinced its parent company, NBC, to do a feature film about Dixon. However, Dixon’s then attorney asked NBC to postpone running the story for fear it would interfere with pending legal proceedings. Not long after, Dixon’s attorney withdrew from the case, and the Exoneration Initiative, which had also been looking into Dixon’s case, stopped pursuing it. This was a huge setback for Dixon. Little did Dixon know, and although it would take years, NBC would tell his story in a segment that would ultimately help exonerate him.
In March 2013, Golf Channel produced and worst of our system. As a legal proa compelling segment on Dixon’s case. fessional, it is obviously hard to see our After the story aired, many attorneys system fail someone. But I also recognize were inspired to help, and Dixon ob- that it was the same system that ultitained new counsel to pursue his case. mately set Dixon free. Nevertheless, all appeals were ultimately We can learn a lot from Adler, whose pasunsuccessful. sion helped right a wrong. Rather than Inspired by the Golf Digest story, however, simply tossing that meticulously handa group of undergraduate students from written note into the trash, he acted. We Georgetown University began investigat- can also learn from the many pro bono ing the case as part attorneys who assisted Dixon along the of a class project way. And we can take inspiration from titled “Making an the eager Georgetown students who, despite many attorneys Exoneree.” unsuccessfully trying The students Reclaim your to exonerate Dixon, reached out talent. still took on his case, to Adler to retrieve Dix- Reclaim your life. finding the key to victory. Finally, we on’s file and began conducting can take heart in the district attorney their own inter- who, after reviewing the new evidence views. They inter- from the Georgetown students, chose to viewed the prosecu- do the right thing and stipulate to a vator (since retired), cation of Dixon’s conviction. who obliged these And how on earth could we not be instudents’ request for an interview, think- spired by Valentino Dixon’s mom!! She ing he was simply was SO strong. helping them fulShe never gave fill a course assignup on her son ment. But the stuand was ready at dents’ thorough a moment’s nopreparation altice to send the lowed them to ask case file to anytough questions. one who would The prosecutor’s listen, including answers actually Adler. I bet the yielded new evifile was organized dence, includand had been read ing a Brady viothrough a thoulation. Armed sand times before with this new Lighthouse at Pebble Beach she shipped it to i n f o r m a t i o n , Pebble Beach Golf Links Adler. Moms are two attorneys, often so awesome, but their spirit and acDonald Thompson and Alan Rosen- tions can go unnoticed. thal, pursued Dixon’s case pro bono, filing a post-conviction motion that Most of all, though, Dixon’s resilient ultimately led the court to vacate Dixon’s spirit teaches that we can find peace in the most unlikely of places. murder conviction. On September 19, 2018, after 27 years in Anthony F. Sos, Esq., is a partner at Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. He prison, Valentino Dixon was re-gifted his has been a member of the OCBA since 2005. innocence and walked free. All artwork shown is the work of Valentino Dixon. Why did I choose to share this legal tale Permission to republish granted by On 3 Public Relain my “President’s Message”? Not only is tions. All rights reserved. it a story of hope, but it shows the best
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OCBA LuncheonThursday, August 22, 2019
O Aurora McCreary, Esq.
From Counsel’s Table to Tribal Council
range County Bar Association member Aurora McCreary, Esq., is a Florida native who grew up on the beaches of the panhandle and moved to Central Florida to attend the University of Central Florida, where she earned her undergraduate degree. She obtained her law degree from Tulane Law School in New Orleans and is currently working with Weiss, Grunor, Barclay & Barnett in Maitland, Florida. She is an active member of the Central Florida community and avid fan of Orlando sports, food, and outdoor adventures. Aurora has a passion for and has committed her legal career to the practice of family law. Having personally experienced the family law system while growing up in the foster care system and later being adopted, she set out to devote her life to helping families through periods of transition, such as adoption, divorce, and paternity actions. She draws from her personal and professional experiences and hopes to continue not only to help families in the courtroom, but to work and speak for the local organizations that help with foster children and families. As an open lesbian, she also specializes in LGBT issues and understands the specific challenges presented to same-sex couples regarding divorces and their families. Notably, Aurora previously won a court case that allowed two women legal rights over their children without the need for an adoption when same-sex marriage was still illegal in the State of Florida.
When Aurora isn’t in the courtroom, you can find her pursuing adventures around the community. She is a self-proclaimed workout-aholic and enjoys all adventures, from triathlons and rock climbing to CrossFit and adventure racing. Recently, she took on another role: island castaway on the CBS reality show Survivor. She joined 17 other challengers on the Mamanuca Islands in Fiji from the end of May through the beginning of July 2018 for filming the awardwinning show. “I am used to being in the middle of drama daily. I see people who are allies become enemies and have secrets they can choose to use against the other for their benefit. Being a lawyer gives you the advantage of not taking everything personally… to step back, analyze all the facts and different viewpoints, and craft specific arguments to different individuals.” Although she didn’t make it to the end, Aurora got just three away from being in the three-person finale. As for the experience, she says, “It was amazing. It was a challenge, socially, physically, and emotionally. I cried more than I thought I would, while getting in fewer fights than anyone expected. I excelled in the physical challenges and enjoyed every minute. I challenged myself socially and grew emotionally and spiritually within the game and afterward.”
Embassy Suites by Hilton Downtown Orlando Thursday, August 22, 2019
11:30 a.m. – 1:00 p.m. 191 E. Pine St., Orlando, FL 32801 Please RSVP by Monday, August 19, 2019 orangecountybar.org/store RSVPs will not be accepted after August 19, 2019 CANCELLATIONS must be received no later than August 19, 2019 To cancel, contact Ashley Norris at ashleyn@ocbanet.org Sponsors:
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ProfessionalismCommittee
T Lisa Ann Thomas, Esq.
A Lawyer’s Special Responsibility
he Preamble to Chapter 4 of the Rules Regulating the Florida Bar begins: “A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.” As professionals, we often serve multiple masters – the client, a law firm, and our own personal and financial well-being. The client could be an individual who may be facing foreclosure of their home, an individual who has been charged with a crime, an individual who was injured in an accident, or perhaps a corporation that seeks to protect its trademark. A law firm bears the financial responsibility for paying overhead for staff and resources. As the revenue generators, attorneys must ensure they are meeting both the legal needs of the client as well as the financial interests of the firm. In addition, they owe a duty to themselves to balance work and financial stability with their families and home life. In a recent CLE hosted by the Professionalism Committee and the Young Lawyers Section, Paul Lipton, Esq., of Rumberger Kirk & Caldwell, P.A., and Patricia Ann Savitz, Esq., of The Florida Bar, led a roundtable discussion about the professionalism challenges lawyers face in today’s legal system. In all dealings, our profession demands courtesy and candor. It is one of the tenets of the Oath of Admission to The Florida Bar. Unfortunately, however, most attorneys can share at least one tale of misconduct they have experienced. It was suggested during the seminar that not all misconduct is the result of malintent; rather, it may be the result of a misapplication or a misunderstanding of the law. Young lawyers should not automatically infer a lack of candor. Instead, they should discover a way to rise above the current threat to professionalism. While our judicial system is inherently adversarial, we do not have to be discourteous to the individuals whose positions we oppose. The Honorable John Marshall Kest has often preached “take a lawyer to lunch.” This simple, yet powerful advice suggests the importance of humanizing your opposing counsel. Getting to know him or her may help you conduct yourself in a more professional manner than if you pass up an opportunity to make a personal connection. The Rules Regulating the Florida Bar offer guidance on how to maintain professionalism and meet the burden of that “special responsibility for the quality of justice.”
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Serving the Client While not an exhaustive list, attorneys must offer competent legal advice to their clients, communicate with their clients, and protect their clients’ confidentiality. First, the client-attorney relationship demands competence. R. Regulating Fla. Bar 4-1.1. “Competent representation requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” While competence falls under a duty to the client, lawyers owe this duty to the court and their opposing counsel, as well. Whether it is your “reputation” or your “brand,” your name should be synonymous with preparedness. Second, attorneys have a duty to communicate with their clients. R. Regulating Fla. Bar 4-1.4. Attorneys must promptly consult a client regarding the status of their matter such that the client may make an informed decision regarding the representation. It is the lawyer’s duty to develop the legal strategy, but the client must be informed of the decisions and actions the attorney intends to conduct on the client’s behalf. Finally, lawyers must protect the confidential information of their clients. R. Regulating Fla. Bar 4-1.6. While the lawyer may reveal confidential information under certain circumstances, such as when the information revealed serves the interests of the client, the lawyer must not reveal other information related to the representation without the client’s consent. Serving the Law Firm As indicated above, the law firm bears the financial responsibility for overhead. In serving clients’ needs, attorneys simultaneously serve the financial needs of the law firm. In promoting clients’ interests, attorneys are also securing their own financial interest or stake in the firm when considering their career trajectory. Serving Your Interests Strive to bring the client’s interests, the law firm’s interests, and your interests in line by considering your motivation. Mr. Lipton suggested asking yourself, “What’s my ‘why?’” So, what is your why? Is it compassion for your client? Is it a resolve to serve the justice system? Is it financial? Is it the desire to provide comfort and support to your family? When considering your “why,” consider how to best serve the profession you have continued page 30
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Chief’sColumn
The Cause of the Defenseless I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed . . . – Oath of Admission to The Florida Bar
D The Honorable Donald A. Myers, Jr. Chief Judge Ninth Judicial Circuit Court
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o you feel the heavy weight of that responsibility? I do. It’s a weight we all share; one we shouldered the moment we passed the bar and swore our oath for admission to The Florida Bar. No amount of wisdom earned over years of practice can serve to lighten the load and, indeed, the opposite is true. The longer we practice, the more palpable the responsibility. In the typical law practice, there is rarely a question of whether clients have access to the full panoply of justice. As lawyers, we all work to ensure that our clients understand their rights and their cases. We navigate the legal landscape for them while simultaneously advocating on their behalf. We strive to deliver timely and effective representation aimed toward a fair and just outcome. Access is safeguarded by virtue of having representation. And, the responsibility of ensuring access to justice is ours. Having now spent the better part of the last decade behind the bench, I have observed as innumerable attorneys bear that responsibility. But I have also observed as countless pro se litigants, with limited knowledge of the law and its processes, struggle to wind their way through the legal system without legal representation. Access to justice for low-income, moderate-income, and other vulnerable and disadvantaged citizens remains an obstacle that we are compelled to address. One area in the courthouse where the challenge of access to justice is highly apparent is in domestic court. Perhaps more than any other division in the circuit’s courts, pro se litigants abound in the Family Law Division. In fact, I recently heard an astounding statistic: Approximately 85% of family law cases in Florida have at least one pro se party. Just last month I tried a case involving the break up of a marriage and issues of parenting three beautiful children. The task of determining timesharing for each parent is based on evidence adduced to support a list of twenty unique statutory factors concerning the best interests of the children. The court requires “substantial, competent evidence” to support its findings and ultimate decision on a www.orangecountybar.org
parenting plan. The consideration of three children demands a thorough and nuanced presentation of the evidence. The mother was represented by experienced counsel. The father, however, was pro se. As often happens, it became clear to me at the pre-trial conference that the pro se father was utterly unprepared to present a case. He had not read the pre-trial order, had not prepared documents or other evidence that would support his case, and had apparently intended to rely on a peripheral witness to testify simply that the mother was not a good parent. Despite a clear warning to the father of the magnitude and significance of the task ahead, the trial did not go well. The mother’s attorney presented a cogent litany of evidence in support of her client’s claim, bookended by a compelling argument for the majority timesharing. The pro se father, on the other hand, was unfamiliar with the statutory elements of the timesharing claim and, of course, with the rules of evidence. Objection after objection to evidence offered by the father was sustained. The father’s late disclosed witnesses were excluded. The sense of the father’s frustration was evident. And, in the end, the father’s testimony was shallow and largely unhelpful to an analysis of the parenting issues. The experience begs the question whether the children’s best interests could be served by such a lopsided presentation. Witnessing this struggle from the bench not only illustrated the need for improved avenues of access for pro se litigants, but also accentuated the limits of the bench. Being bound by the code of judicial conduct, my role was no longer one of advocacy and counsel, but rather one of ensuring a fair and just proceeding. Although my role in the courts has changed – and the immediate focus of my responsibilities along with it – I am still bound to help safeguard the judicial ideal of equal access to justice. There is no shedding of that responsibility, only the means through which I can work to achieve it. Sitting on the bench has given me a bird’seye view of the scope of the challenges faced by pro se litigants. From this vantage point, I now have a deeper understanding of the system’s deficiencies, one that is also coupled with a deeper drive to build pathways that address them. continued page 30
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Clerk’sCorner
I Tiffany Moore Russell, Esq. Orange County Clerk of Courts
Clerk’s Office Serving the Community
like to describe myself as a public servant because I love giving back to our community and making a difference in the lives of the people I serve. That’s why I am excited to share with you what my office is working on this summer as we continue to reach out to our community. Recently the Clerk’s Office worked on a service project at Second Harvest Food Bank to help feed children and families this summer. I joined more than 35 of my staff to help sort through food that is distributed to people in need across Central Florida. Second Harvest Food Bank actually distributes donated food to 550 feeding partners – emergency food pantries, soup kitchens, shelters, senior centers, daycare centers, and more – in six Central Florida counties. My office is also in the middle of its 2019 Heart of Florida United Way fundraising campaign. This year, we hope to continue the trend of once again increasing the amount of money we raise. Last year, through the generosity of our staff, we were able to raise more than $28,000.
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, which directly relate to the work we do. We could never make an impact like this without the hard work and dedication of our employees, who either make pledges or help with events to raise donations. I am proud of everything our employees, their families, and volunteers work to accomplish 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 this year for this campaign and the community. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.
2019
AUG 6, 2019
Family Law Case Update & Legislative Wrap Up
AUG 20, 2019
GAL Training – Nurturing Our Newborns: Advocacy in Early Childhood Court
SEPT 10, 2019
Relocations & DV
SEPT 24, 2019
GAL Training – GAL Advocacy for Crossover Youth
OCT 8, 2019
Sealing/Expunction
OCT 22, 2019
GAL Training – GAL Appeals: The Final Frontier
NOV 5, 2019
Immigration Topic
NOV 12, 2019
GAL Training – Understanding Lesser-known Placement Options (Kinship Program)
DEC 3, 2019
Housing
DEC 10, 2019
GAL Training – Treating Trauma in Dependent Youth
mcarbo@legalaidocba.org ctucker@legalaidocba.org
ALL TRAININGS WILL BE HELD AT
Bay Equity, Lucerne Plaza
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).
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AUGUST - DECEMBER LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO
100 W. Lucerne Cir., Ste. 502 Orlando, Florida 32801 Parking is free. To avoid 408 road construction, type into your GPS: 116 America St., Orlando, FL 32801
theBriefs August 2019 Vol. 87 No. 7
The Florida Bar Board of GovernorsReport
T Julia L. Frey, Esq.
Wayne L. Helsby, Esq.
Thomas P. Wert, Esq.
Report from The Florida Bar Board of Governors: May 24, 2019
he Florida Bar Board of Governors met on May 24, 2019 in Palm Beach. The major actions of the board and reports received included: The Board approved a proposed amendment to Rule 4-7.13, regarding misleading advertisements. At issue is a common approach, often through Google AdWords, that allows a lawyer to use a competitor’s name to trigger search engine results and drive internet traffic to the advertising lawyer’s website. The amendment prohibits “any statement or implication that a lawyer or law firm is affiliated or associated with the advertising lawyer or law firm when that is not the case.” A new member benefit, ROSS Intelligence, was approved and added to the more than 60 free or discounted products and services already offered to Florida Bar members. ROSS Intelligence is a legal research platform powered by artificial intelligence for U.S. law. Using cutting-edge Natural Language Processing (NLP), its technology can accurately determine the answers to your legal research questions in seconds. Members will receive a 10 percent discount on monthly subscription rates. ROSS will be in the Legal Marketplace at Annual Convention, June 24-26, for the first time. Visit the exhibit booth to learn more about ROSS Intelligence and EVA (ROSS’ document analyzer). As an outgrowth of [then] President Michelle Suskauer’s Criminal Justice Summit in October, the Board created a 10- to 15-member committee to “act as a forum for discussion and provide subjectmatter expertise in criminal justice legislation, without advocating for a particular legislative position.” The committee is scheduled to begin work in July, and has a June 30, 2020 deadline. The Board of Governors approved a $44.6 million budget, marking 18 consecutive years without a member fee increase. The General Fund Budget includes $42.1 million in total revenues and nearly $44.6 million in total expenses. The budget now goes to the Florida Supreme Court for final approval. The Board made the following special appointments: • ABA House of Delegates: Scott M. Dimond, Miami; John F. Harkness, Jr., Tallahassee (reappointed); Richard P. Lawson, New York (remainder term)
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• Florida Lawyers Assistance, Inc. Board of Directors: Lawyers: Hillary B. Cassel, Hollywood; Natasha B. Dorsey, Chicago; Barnaby L. Min, Miami (reappointed). Non-lawyers: R. Fairlie Brinkley, Dunedin (reappointed); Louis P. Kalivoda, Jr., Gainesville • Florida Board of Bar Examiners: Nominated to Supreme Court (six nominated for two terms): Robert J. Alwine, II, Key Biscayne; Melinda L. McNichols, Miami; Bonnie Phillips-Williams, Miami; Paul J. Schweip, Miami; Caryn D. Shaw, Orlando; Stanley Wakshlag, Miami In addition, the Board elected three members to the Board Executive Committee: Melissa VanSickle of Tallahassee, Wayne LaRue Smith of Key West, and Lorna Brown-Burton of Fort Lauderdale. Important links The Florida Bar: https://www.floridabar.org/ Board of Governors Report: https://www. floridabar.org/about/bog/may2019/ The Florida Bar, Michelle Suskauer, Esq., Health and Wellness month video: https:// flayld.org/health-wellness/ YLD “Stigma Free” campaign: https://flayld. org/stigmafreeyld-campaign/ The Florida Bar, Eugene Pettis, Esq., past president, LegalFuel Speaker Series CLE video: https://www.legalfuel.com/legalfuel-speakerseries-building-a-gold-reputation/ The Board of Governors is an elected governing body of The Florida Bar, which has exclusive authority to formulate and adopt matters of policy concerning the activities of the 106,000-member Bar, subject to limitations by The Rules Regulating The Florida Bar. All board committees generally meet on the day prior to finalize actions, recommendations, and reports to deliver to the board. It is an honor to represent all Florida Bar members in our circuit. As always, please contact us any time you have questions or concerns about The Florida Bar. Julia L. Frey, Esq. – Board Committees: Certification Plan Appeals; Communications; Legislation; Program Evaluation; Strategic Planning. Contact: julia.frey@lowndes-law.com; 407-8434600. continued page 30
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Judicial RelationsCommittee
W The Honorable Eric H. DuBois
Becoming a Better Legal Community by Working Together
hat a year it was for the Judicial Relations Committee! I would like to thank all of the committee and voluntary bar chairs for their participation this past year. The Judicial Relations Committee was created to serve as a conduit between members of the bar and the judiciary where concerns, ideas, and criticisms can be shared in a comfortable setting that invites open and frank conversations. That is exactly what we did this past year. At each meeting, the administrative judges gave a quick report on issues or changes in their specific division, and the chief judge addressed issues that impacted the circuit as a whole. Throughout the year, we discussed ways to streamline and make the court process more efficient without sacrificing the level of service provided to members of the bar as well as the public. As we all are aware, a major topic that attorneys wanted to discuss was the very difficult decision in 2018 to close our Business Court. More importantly, the committee focused its efforts on making the community aware of our need for a new circuit judge and how members of the bar could help influence the decision makers in Tallahassee. As you know, the circuit was able to get
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a new judgeship, the first in more than a decade, and, with that, Business Court will reopen. Thank you! This was a total team effort, and we could not have achieved it without the help of the Judicial Relations Committee members. We also presented a program for Court Administration on the social media outlets the Ninth Circuit uses to help disseminate information about court closures and emergencies, as well as information related to our judiciary, programs for the community, employment openings, and upcoming events. I leave the committee in the capable hands of chair Mary Ann Etzler, Esq., and vice-chair the Honorable Martha Adams, who have tremendous ideas and goals for the committee. I encourage you, and every member of the OCBA and local voluntary bar, to listen to the meetings this year by calling 1-800-346-8020 Code 772589# and share your ideas. We will only become a better legal community when we all work together. The Honorable Eric H. DuBois is a county court judge in the Ninth Judicial Circuit Court. He has been a member of the OCBA since 2000.
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LRISNews OCBA Lawyer Referral & Information Service Awards Luncheon
T
he OCBA’s Lawyer Referral & Information Service held its annual awards program on July 25, 2019 during the OCBA Luncheon at Embassy Suites by Hilton Downtown Orlando. During the luncheon, Deborah Cook, LRIS Committee chair, presented the 2019 Public Service Awards to attorneys who have served on the panel for 10 years. The Executive Council and LRIS Committee appreciate the panelists’ ongoing commitment to providing access to justice through their participation in the LRIS program.
2019 Award Recipients Lee Karina Dani Tushaar Desai Amy Goodblatt Gary Israel Jon Lambe Imran Malik Stephen Matzuk Hugh McDonnell Thomas Mooney John Morey T. Bradford Petrino Desiree Sanchez Damon Weiss Thank you to the following LRIS Panel Attorneys Austin Aaronson Julie Adams Michael Agranoff Brice Aikens Rasheed Allen J. Rhiannon Arnolds-Rogers Rania Arwani Vanette Augustin Lynn Aust Joseph Baker Vivionne Barker Luis Basagoitia Andres Beregovich Michelle Berglund-Harper Frank Blanco Gary Boynton Jeremy Brown Lauren Brusca Nathan Carter Charles Castellon Leon Cheek, III Harvey Cohen Nick Congelossi Deborah Cook Roberto Cruz Gwen Cryer Richard Culbertson theBriefs August 2019 Vol. 87 No. 7
James Cunningham Lee Karina Dani Tushaar Desai Abigail Edelstein Steven Eichenblatt Mary Ann Etzler Markos Eugenios Thomas Feiter Michael Ferderigos Michael Ferrin Robert Fisher Russell Frank Clifford Geismar John Gierach Amy Goodblatt Adam Hill Justin Infurna Gary Israel Iyada Jackson Mark Jamieson Dushyant Jethwa Debra Johnson Shaun Keough Kristopher Kest Wayne Klinkbeil Stephen Korshak Jon Lambe Tatiana Leo Jennifer Levy Alberto Lugo-Janer Michael MacDonald James Magee Imran Malik Lyle Masnikoff Rachel Mattie Stephen Matzuk Hugh McDonnell Kim McGwier Derek Metts Zeffery Mims Thomas Mooney John Morey Mary Ann Morgan
Jodi Murphy Juan Navarro Thomas Nicholl Ashley Parker T. Bradford Petrino Jasmine Prosper-LeGrand Lina Restrepo Walter Rogers Sidney “Sid” Roman Martin Rosenthal Desiree Sanchez Camy Schwam-Wilcox Daniel Sercombe Anthony Sos Kimberly Soto Megan Steinmetz Eugene Stilianopoulos Bill Sublette Jennifer Synnamon Joshua Tejes Michael Tomberg Jonathan Torres Jessica Travis Thomas Tukdarian Sanga Turnbull
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William Umansky Zahra Umansky Richard Valle Roberto Vazquez Damon Weiss Scott Willick Brian Wilson Tad Yates David Yergey Gregory Zele 2019-2020 LRIS Committee Lynn Aust Michael Barber Deborah Cook, Chair Richard Dellinger LaShawnda Jackson Mark Jamieson Eric Reed C. Todd Smith Anthony Sos Larri Thatcher Tom Wert Ryan Williams
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FeatureArticle
C David P. Hathaway, Esq.
What Clients Should Expect in Mediation
lients sometimes think mediation will produce a kumbaya moment where both sides will work out a compromise that leaves everyone feeling good about the outcome of a dispute. Conversely, there are those who are so sure of the strength of their case that they expect nothing less than a full vindication. Having been through countless mediations in my career, I explain to clients that mediation is usually a competitive process, seldom produces victories, and should not be approached lightly. While the very act of sitting down to a mediation suggests a willingness to work out a solution, mediation is not cooperative. Mediation is a zero-sum game – $100 out of your pocket is $100 in my pocket – and a competitive negotiator will clean the clock of a cooperative one. While some people naturally are better negotiators than others, I have found that the attorney who comes to the mediation with the most preparation usually fares better for his or her client. Still, the process seldom goes as smoothly as clients would like, and outcomes often leave both sides feeling like they could have done better. I wrote previously on 15 tips for successful mediation, and here are a few pointers.1
Don’t drop anchors Negotiation begins long before mediation or sometimes even before a lawsuit is filed. Any number mentioned early in the process will sound like an offer. If you say, “I might consider settling for $100,000,” it will sound like an offer, regardless of any qualifiers attached to it. We call this early mention of numbers “anchors,” and they have a powerful effect on the formal negotiations that come later. If I know you are coming into a mediation having previously considered $100,000, you can be sure I will need to beat that number at mediation. However, if nobody had mentioned numbers, I wouldn’t have a bottom line in mind. If you are asked what you want early in the case, it’s better to say, “we want to recover the whole amount,” or “we don’t want to pay anything.” Don’t show your hand too early. Skip the phone debates Just like dropping anchors, avoid revealing too much to the other side in pre-negotiation discussions. While there may be merit to feeling out the other side to see whether an early settlement can be reached, you don’t want to concede that any part of your case is weak. There is a scene in The Godfather where Sonny Corleone openly questions a rival mob family’s proposal during a meetPAGE 12
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ing with the other side and his father. Afterward, Don Corleone tells his son never to let anyone outside the family know what he is thinking. The same is true in civil litigation: less is more. If you don’t reveal your thoughts about the case, opposing counsel may not know which of his arguments carries the most weight against your side during a mediation opening statement, or later at trial. Understand the bargaining points There are three critical numbers that you may want to keep in mind during mediation. The first is the starting point – the number you are going to ask for – or agree to pay, if you are the defendant – as the process begins. The second is the target point, and that is the confidential dollar amount you realistically would be willing to settle on. The third number is the reserve – the absolute final number before you walk away. There may be a wide range in these numbers. The starting point for a plaintiff might be $1 million, the target could be $300,000 and the reserve might be as little as $175,000. These numbers are arrived at after valuing the case, a calculation that takes into account a plaintiff’s provable damages, as well as the chances of winning at trial and the associated expense. The numbers also may change in the course of the mediation if one side produces evidence or case law that indicates it has improved its odds of winning at trial. Be sure you are comfortable with the target and reserve because all your offers and counteroffers will be made with these undisclosed end-game numbers in mind. The idea is to gradually make concessions and keep the other side guessing at everything except the starting point. However, you will need to allow some flexibility, particularly if you are mediating earlier in the case, to account for new information and viewpoints that might change your overall assessment of the strengths and weaknesses of the case. Make a realistic valuation of your case The value of a case is not simply your best outcome at trial divided by two, in that winning with a jury can be unpredictable. Establishing a value starts with determining the likelihood of winning a trial verdict, the most likely damages that would be awarded, and the expense to litigate from the date of mediation through trial. For example, perhaps the chances of recovery are around 25% for a $1 million verdict, 50% at $500,000, and 25% at $250,000. Use the most likely out-
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come ($500,000) and then multiply by the odds of winning the case, which is often 50% given the number of variables in a trial. Finally, deduct the anticipated future litigation expenses and fees from the date of mediation through trial (say, $75,000). You may find that your $1 million case is more accurately valued at $175,000, not $500,000, and this does not account for possible appeals. Always remember that the valuation is tied to the day of mediation. Litigants can learn a lot more about their case during mediation. New testimony or evidence, or a change in circumstances of the litigants may change the valuation considerably. Always give your client a realistic figure for what it may cost to go to trial, paying particular attention to the number of depositions to be taken and pre-trial issues to be resolved. Pigs get fat and hogs get slaughtered People who ask for more generally get more, but don’t overreach. Asking for an outrageous sum may kill negotiations before they start. Once I saw an insurance adjuster who had flown in from another state simply walk out after an exorbitant opening demand. In most cases, plaintiffs should start with the amount you believe is their best outcome at trial. Take your time and make the opposing side think you are nearing your bottom-line reserve when actually you are nearing your target. In the beginning, you may want to explain how you arrived at an offer or counteroffer, but, as the negotiations progress, that becomes unproductive. Remember, you are never going to convince the other side you are right, as lawyers are literally paid to disagree. Your goal is to get the other side to move as far as possible. Making progress at the end of the day If the parties are not getting very close by the end of the day, there may be a few approaches to still reach a deal. One is to dump “the rest of the money,” which imparts a sense of urgency and suggests this is the best you can do. Or you may “split the baby” and meet in the middle. This 50-50 compromise can work if you are close, but don’t do it too early. There also is the “would ya, could ya” strategy where you say if you go to this number, I will go to that number. These sometimes are called “brackets.” This can work if both sides have some room to negotiate, but are unwilling to make a large move before their opponent does, and want to avoid multiple, small moves. However, these can lead to counter-brackets, and they signal where a party is heading. And don’t get into percentages because it’s the actual numbers that count. One party could come down 5% ($100,000 to $95,000) and the other could go up 100% ($5,000 to $10,000), but both sides only moved $5,000. Sometimes offering a small victory to the other side will entice them to close the deal. For example, you might offer to pay the entire fee for the mediator. Or, if you remain far apart in a complex case, perhaps you can settle part of the case. The other side also may offer a nonmonetary concession. This may be valuable, but place a monetary value on the concession so that you know how it affects your continuing negotiation over money. I once settled a case where the defendant refused to pay anything to the plaintiff but agreed to make a donation to a charity of the plaintiff’s choice. Have a game plan that includes all of your options. Know when to walk You may have to consider coming off your reserve, but how far? In simplest terms, you walk when the outcome of the mediation is worse than taking your chances at trial. There can be nonmonetary reasons to avoid a trial, such as keeping testimony out of the public record or resolving a dispute that is holding up a more important matter, like a corporate merger. But if it comes down to a dollar amount and there are no reasons why you can’t go to trial, know your limit and stick to it. theBriefs August 2019 Vol. 87 No. 7
On the television show Pawn Stars, the employees at a high-end Las Vegas pawn shop are smart negotiators who make offers that guarantee them a satisfactory profit. More than half their deals fall through, but they run a successful operation because they understand the value of the items that are brought in, and they stick to their bargaining position. Likewise, at mediation, no deal may be better than any deal. You probably will not get close to what you want Occasionally, your target range will overlap with the target or reserve of the other side. This is called a positive bargaining zone, and, if it occurs, everyone will go home getting what they wanted. In a recent case, my client received more at mediation than even her target number going in, and she was so ecstatic she quit her job the next day! I also had a case years ago where the plaintiff’s opening demand was far less than my client would have paid. However, this rarely happens. More likely, you will find yourself in a negative bargaining zone. That is, the least you would agree to take is still more than your opponent is willing to pay. At the end of the day, this will force the parties either to go past their reserves or walk away and proceed to trial. You never know for sure whether the other side really has made their “best offer,” and a lot of factors come into play. If the defendant is a big corporation, you know they have the ability to pay, but they also can afford litigation. Emotions can play a big role, and there may be other factors, such as one party wanting to end the amount of time expended with the litigation. You will consider the importance of the money as well as your appetite for risk. Guard against overconfidence about trial Most lawyers are confident and competitive. However, as you consider the offers at mediation, don’t be overconfident about your chances at a trial, and be aware of all the risks involved with a possible loss. I usually tell clients who have a strong case that they should go into mediation assuming a 50% chance of winning at trial where various factors, including unexpected testimony and interesting viewpoints of the judge or jury, can produce results that are different from what they expect. Mock juries used in advanced trial workshops can come back with unbelievable verdicts. Lawyers tend to be overly optimistic about both their chances of winning and the recoverable damages. You should definitely go to trial if you don’t get what you want at mediation, particularly in big cases, but do so with a thorough and realistic assessment of the risks. What is a win in mediation? Mediation will save you the cost of a trial and bring a dispute to a merciful conclusion. But mediation is not a perfect science, and you will never know whether you struck the best deal or whether you would have done better at trial. Only the mediator might know that. While mediation is a competitive process, it is not a winner-takesall outcome like a trial. It also allows for creative resolutions that judges cannot order, so the parties remain in control. That being said, many mediators will say the sign of a good mediation is often when both sides walk away not totally satisfied with the result. If the satisfaction level is too low, and your client would probably regret the deal, simply walk out and prepare for trial. David P. Hathaway, Esq., is chair of Dean Mead’s Litigation Department and the Trust and Estate Litigation Practice Group. He represents corporations and business people, as well as trustees, personal representatives, and family members in controversies regarding wills, trusts, and estates. He has been a member of the OCBA since 2002. Hathaway, David P. “15 Tips for Successful Mediation – Part 1.” The Briefs. September 2013, Vol. 81, No. 9, pgs. 10-11. https://www.orangecountybar.org/wp-content/ uploads/2017/12/The-Briefs_Sept2013_Online.pdf.
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Legal Aid SocietyTeaching Tips
Y
Angel M. Bello-Billini, Esq.
Practical Financial Discovery in Limited-Resources Family Cases
ou have a new case with both parties earning close to the federal poverty guidelines, living paycheck-to-paycheck. Before the mandatory financial disclosure period has lapsed (Fla. Fam. L.R. 12.285), your client is served with a full set of interrogatories and request for production. Why? Is it wise to routinely use these extensive discovery tools without waiting for the benefits of mandatory disclosure? Your client’s limited income would seem to disfavor comprehensive (and expensive) discovery searches, unless there is bona fide suspicion of hidden income and assets. Assuming the latter, it is doubtful that this hidden “treasure trove” is likely to be discovered by these boilerplate tools, and their use may be a potentially wasted effort that is being billed to a client with limited resources. In this scenario, is it possible that comprehensive discovery is being used primarily for harassment or for billing purposes? Is there an expectation that attorneys’ fees related to this effort will be awarded? Banking on expected attorneys’ fees is a dangerous approach. Florida Statute Sec, 61.16 requires a careful review of the family’s resources and the ability of one party to contribute to the fees of the other. Courts traditionally take a dim view of trying to squeeze money from one poor litigant to pay the other’s fees, unless additional, substantial reasons exist, such as vexatious litigation, and the latter has a high standard of proof, making it rarely successful, except in the most egregious cases. There is also the collectability issue, a bottom line for most efforts. It is better to make full use of the mandatory disclosure rule, even if you must ask the court for help to get the information. In using this tool, you should follow a few basic rules to avoid potential problems, including having your own non-compliance issues: 1. Never file a case, or a responsive pleading, without having in your hands the financial documents needed for disclosure; accept no excuse. 2. As an attorney and an officer of the court, you have the responsibility to check the general accuracy of what the client is giving you for distribution. Nothing is as unpleasant as having your client’s own disclosures as an exhibit in an argument about your client’s alleged misrepresentations, especially if a
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casual review clearly would have shown anyone that something was amiss. By the end of the hearing, the client’s reputation will not be the only one to suffer before the court. Start by checking your client’s financial affidavit, particularly the expenses/income totals. Then, check the assets and liabilities and how they compare with the income and expenses. Does the picture make sense? 3. If you are waiting for disclosure, allow a reasonable time for your opponent to comply, then send a polite reminder. If no response, or a partial, uncooperative one, it is time for a motion to compel. If there is a total lack of response, you may bring this up at short matters. Check the judge’s calendar to determine times and days for these hearings. While technically contested, these matters should require less than five minutes of court time. Testimony or lengthy argument will not be allowed; if so, an evidentiary hearing will have to be scheduled. Your presentation to the court takes about 30 seconds; the “explainer” may want an hour. Most judges, however, will not listen to excuses for more than three minutes. You might still be able to do short matters if there is partial compliance and it is clear what key information is missing. However, again, if there is going to be an extensive argument, a regular evidentiary hearing will be required. 4. While you should be able to bring up the issue of missing income or assets (i.e., allegedly hidden assets) at an evidentiary hearing on your motion to compel, you might get a bigger bang if you elect to do this, with proof, at a temporary relief hearing. The latter will be time-limited and you will not get half a day to talk about every issue in the case. If there is time (for example, timesharing is not an issue), and you have some proof to substantiate your allegations, your highlighting the nefarious conduct may have lasting effects beyond just a better temporary award. 5. Keep all allegations short and accurate; if you’re not sure, say so. Never forget that a trial is still to be had and further discovery and hearings are possible. If it is later shown that you have overreached, or that your client has misled the court during the
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Legal Aid SocietyWhat We Do...
E Bethanie A. Barber, Esq.
Paralegals: The Real Pro Bono Preference
very November, the familiar Legal Aid Society of the Orange County Bar Association, Inc.’s Pro Bono Preference Form is circulated among OCBA members. Attorneys thoughtfully and dutifully chart the coming year’s pro bono service, minds part filled with the real promise of coming to the rescue of a grateful indigent client, part filled with apprehension about how to blend pro bono service with life’s mounting obligations. Despite these obligations, the Legal Aid Society progresses because OCBA members continue to ask, “What can I do to help?” The LAS Guardian ad Litem Department volunteers are a true reflection of Orange County’s stellar legal community. For more than 35 years, the GAL Department has represented the best interest of Orange County’s abused, abandoned, and neglected children through the unwavering dedication of the OCBA’s volunteer attorney GALs. Our volunteers’ desire to do the very best for our tiniest clients, combined with experienced LAS staff, affords LAS the luxury of constantly seeking to improve the quality of our work for our deserving GAL children. One of the most successful methods of providing best-interest GAL representation springs from the incredible volunteer efforts of Orange County’s paralegals, who serve in several pro bono capacities, namely, as Volunteer Advocates for Children. The GAL’s difficult role of representing the interest of dependent children best is only accomplished when the GAL conveys reliable, upto-date information obtained from caregivers, service providers, and GAL children themselves. VACs partner with GALs by maintaining regular contact with the children, case manager, and other essential case parties and participants. VACs then relay this vital information to GALs, who, in turn, secure necessary services and supports for their GAL children through dependency court advocacy. Simply put, GALs are the eyes and ears of the court. VACs are the eyes and ears of the GAL. Together, they are the strongest, most stable voice for dependent children. While LAS has found that the traditional GALVAC team pairing serves our children well, we refer to the GAL-paralegal VAC pairing as the “holy grail” – the “dynamic duo” of pairings. Paralegals make excellent VACs because of their familiarity with the legal system. One repeatedly successful pairing occurs when paralegal VACs work along-
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side volunteer attorney GALs in their own office. Attorneys report it helps to work with someone with whom they can regularly consult about the case. The sparkle in their eyes when discussing paralegal VACs reveals that GALs most accurately view paralegal VACs as professional lifelines – as expert “legal child whisperers.” Since paralegals are already familiar with the legal system, there is a minimal learning curve. Paralegals are immediately able to efficiently advocate for a child’s best interests through document review, drafting pleadings, or meeting with the child and relaying valuable information. Understanding the legal process also enables paralegals to identify the advocacy paths needed to reach favorable outcomes for GAL children. When the paralegal VAC shares an office with the volunteer attorney GAL, communication occurs more frequently. For instance, upon hearing of the next court date, the paralegal VAC may share information with the volunteer attorney GAL about the most recent home visit prior to the hearing. The two can then chart a follow-up plan to address concerns in mere moments, rather than days. A great example of the paralegal VAC and GAL team comes from the law firm of Akerman LLP. Five years ago, Akerman began using the attorney-paralegal team model to serve GAL children. Initially, nine teams comprised of two attorneys and one paralegal served nearly 20 dependent children. The paralegal VAC built a rapport with the child, caregiver, and the child’s social worker through monthly contact. By doing so, the paralegal was able to observe the child’s placement and needs as they occurred and work in conjunction with the GAL to engage in specific advocacy efforts. In one Akerman case of a child’s removal based on physical abuse, the paralegal spoke with the child’s teachers, mental health professionals, and others to obtain a complete view of the child’s and family’s needs. Although the case entered the dependency system due to physical abuse, the paralegal VAC quickly determined the mother had untreated mental health needs that were a major impediment to parenting. Once the needs were identified, the paralegal VAC assisted in obtaining services needed to address and meet the child’s needs. continued page 16
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LASTeaching Tips
LASWhat We Do...
litigation process, substantial negative consequences may follow. Nothing is as important, and yet as delicate, as credibility: once it is damaged, it is nearly impossible to repair in the short time available during the litigation. Arguments about the finances of a family are fertile grounds for misunderstandings and for temptations to “edit” the financial picture. One can discover, with general accuracy, the financial picture of a family if proper use is made of the simple tools already available in Rule 12.285 and the rules of procedure without having to spend additional resources of the family’s tight budget. That was the whole point of mandatory disclosure. For more information about family law matters, contact Angel Bello-Billini, Esq., at 407-841-8310, or abello-billini@legalaidocba.org. If you would like a tour of the Legal Aid Society, or to find out more about supporting our nonprofit charity or the Breakfast of Champions, please contact Donna Haynes, development director, at 407-515-1850, or boc@legalaidocba. org.
The paralegal VAC then reported observations, communications, and recommendations to the GAL regarding the child’s placement, behavioral, educational, medical, and emotional status. The paralegal VAC was able to ensure the child got more than the “basics.” The paralegal VAC’s constant presence resulted in enhanced opportunities for the child, including obtaining a laptop, arranging ballet classes, and informing the GAL that the family had landlord/ tenant issues. Upon receipt of the paralegal VAC’s report, the GAL followed up on the information provided. This direct connection and established rapport led to better results for this GAL child, including safe and stable reunification with the child’s mother. Ultimately, reunification would never have occurred without the paralegal VAC’s determination that mental health counseling and other services were needed for the mother to safely parent.
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While the inner-office pairing of paralegals and volunteer attorney GALs works well, so does a partnership of paralegals who work with an attorney from an outside firm. Paralegals are irreplaceable fixtures in the LAS GAL Department. While the GAL Angel M. Bello-Billini, Esq., is the litigation Department loves working with paralegals, director and family law attorney at the Legal so does every department within LAS. Aid Society of the Orange County Bar Associa- Paralegals serve the community through
outreach events, interviewing potential clients at intake, or pairing with an attorney to handle immigration, domestic relations, veteran’s issues, consumer, and housingrelated cases for our indigent community. LAS and the OCBA Paralegal Section recently collaborated to develop a Paralegal Pro Bono Preference Form, thus enabling paralegals to specify their desired type of pro bono work, preferred hours of the day in which to complete pro bono, and any client population preferences. Getting involved in pro bono is easy. Enjoying the sense of knowing your professionalism and compassion make life appreciably better for Orange County’s most vulnerable is even easier. For more information about becoming a Volunteer Advocate for Children, please contact VAC coordinator, Sally McArthur, Esq., at smcarthur@legalaidocba.org, or Judy Kuhns, Intake Volunteer coordinator, at jkuhns@legalaidocba.org, or 407-8418310. If you are interested in volunteering with the LASOCBA in another capacity, please contact Bethanie Barber, Esq., Guardian ad Litem Program director, at bbarber@legalaidocba.org. Bethanie A. Barber, Esq., is the Guardian ad Litem Program director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.
tion, Inc. He has been a member of The Florida Bar since 1986 and has been an active member of its Family Law Section for more than two decades, including serving on the executive council and participating in legislative work. He has been a member of the OCBA since 1987.
STATE/FEDERAL FIREARM LAW SEMINAR WITH LIVE FIREARM WORKSHOP October 18th 2019 | 8AM - 4:30pm
PRESENTED BY
Location: Central Florida Rifle & Pistol Club 14646 Wewahootee Rd Orlando FL, 32832
FL Program: FL Bar Approved 8 Hours CLE, 1 Hour Ethics 4 Hours Classroom / 4 Hours Firearm Workshop
Presenters: Ernest Chang, Alan Diamond, David Tom, Ernest Myers
Certification Credits: 8 Hours Criminal Trial, Criminal Appellate, Appellate Practice, Juvenile Law
Government Attorneys: $150 before 10/1, $200 after 10/1
Private Practice and General Public: $225 before 10/1, $275 after 10/1
For Questions: David Tom, 877-249-4CLE x 701 or info@legallyaccurate.com Agenda/Info/Registration: www.legallyaccurate.com/events Ammunition, Targets, Eye/Ear Protection provided with seminar. Lunch will be served at the Central FL Rifle & Pistol Club
PAGE 16 www.orangecountybar.org
theBriefs August 2019 Vol. 87 No. 7
Editors’Feature
“Previously on… Survivor”
Kate T. Hollis, Esq.
Karen L. Middlekauff, Esq.
Survivor is approaching its 39th season, making it one of the longest running reality-TV shows. Each season begins with a group of 18 castaways marooned on an isolated island trying to “outwit, outplay, and outlast” each other by competing in challenges, forming social alliances, and strategically planning each move to vote out their toughest competitors and avoid elimination. And it ends with three contestants, who must plead their case to a jury of their eliminated tribemates. The jury then votes for one “Sole Survivor,” who wins $1 million. Almost every season includes at least one attorney or law student in the mix – some of whom have won or made it nearly to the end of the game. This season, that honor belonged to one of the OCBA’s own members, Aurora McCreary, a family law attorney with the law firm of Weiss, Grunor, Barclay & Barnett. Aurora outlasted 11 other castaways, making it to day 34 in a grueling 39-day adventure in the Mamanuka Islands of Fiji for Season 38 of Survivor. After learning that Aurora was back from Fiji, we jumped at the chance to interview her and, to our endless delight, she graciously (and patiently) al-
lowed us to ask her questions ranging in topics from her strategy to more important details, such as what the host, Jeff Probst, smells like (the answer is kerosene). We also learned about the show from behind the scenes. For example, pre-filming, the contestants spend an extra week acclimating to the living conditions, including sleeping on the ground, living without air conditioning, and waking up with the sun. Fans like us picture ourselves playing, so Aurora filled us in on the dayto-day struggles, such as the constant plotting and distrust among the contestants, which after time began to weigh on Aurora. Upon seeing her brother, Shane, for the family-day visit, Aurora, who normally never cries, broke down in tears. Shane and Aurora grew up in the foster-care system, and Aurora is fiercely independent, both in the game and in her professional life. She describes herself as a lawyer who simply gets things done. She is also direct, wastes no time, tends to outwork those around her, and is a leader by default. All of these qualities make her well suited for her profession - however, left unharnessed, these same qualities can prove to be a liability in the game. continued page 18
Photo Credit: Robert Voets/CBS
Robyn M. Kramer, Esq.
Aurora, with host Jeff Probst, after winning the first of two immunity challenges on Survivor: Edge of Extinction.
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Editors’Feature continued from page 17
Throughout Survivor history, players often overlook the danger of emerging as a leader right off the bat. Season after season, players see the “tribe leader” as an immediate threat, voting them off early in the game. However, Aurora, a student of the game, was keenly aware of this risk and managed it from day one. “Lawyers need to get through being aggressive and controlling, but we also understand adjusting to strategy changes and are adaptive,” says Aurora. Going in, Aurora (who prepared for months through twoa-day CrossFit workouts) assumed with her strength that she would be chopping wood, building shelter, and doing other manual labor tasks. Aurora says, however, that Survivor tends to bring out the “traditional” male and female stereotypes as she noticed that the male and female contestants had divided themselves amongst the tasks around camp. So after taking the temperature of the tribe, Aurora left her plans at home and “found [herself ] weaving palm fronds.” Aurora’s strength did come into play later in the season, however, when she won two immunity challenges and placed second six other times. In one challenge, Aurora balanced on a narrow plank after her competitors dropped off one-by-one. She balanced for 25 minutes longer than a collegiate athlete, who wound up fainting from exhaustion. It was her strength, astute observations, careful decisions, and self-awareness that allowed Aurora to maneuver her way to day 34. She constantly analyzed her moves and the gameplay around her, leading her to recognize a pattern, which was that contestants who were viewed by others as decisionmakers at one tribal council were usually voted out at the next. So Aurora had to prevent herself from taking charge and instead made herself into a loyal and trustworthy partner. “I knew my position in the game was to be the person available for the rest of the tribe to vote out. I didn’t flip alliances and didn’t give away my vote to anyone,” says Aurora. Aurora thought through not only the next step, but the game as a whole – as she does with her strategies during litigation. When only six players remained, Aurora planned to vote out the season’s favorite player, Rick Devens, in a majority vote with the remaining castaways. The plan was foiled, however, when Rick won the immunity challenge and saved himself when he needed it most. In a well-executed tribal council, Rick convinced the others that he would play a hidden immunity to save his closest ally, causing the others to shift their votes to Aurora and bring an end to her game. Aurora says that the show taught her the power of listening to others and not always needing to win an argument. “Sometimes people need to hear you say okay, and acknowledge that you hear them. Okay is a powerful word and attorneys have a hard time saying it,” says Aurora.
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Aurora McCreary (second from left) with The Briefs editors, Robyn M. Kramer, Kate T. Hollis, and Karen L. Middlekauff
Hear more about Aurora’s journey at the OCBA luncheon on August 22, 2019. (See page 5.) Kate T. Hollis, Esq., is an associate attorney with Garganese, Weiss, D’Agresta & Salzman, P.A., where she focuses on transactional business and corporate law, as well as local government law. Kate is a member of the OCBA Executive Council and serves as editor of The Briefs. She has been a member of the OCBA since 2011. Kate became a Survivor fan in Season 3 and has watched every season since then. Karen L. Middlekauff, Esq., is an attorney at Losey PLLC, where she practices family law and business litigation. She is currently an associate editor of The Briefs. She has been a member of the OCBA since 2016. Karen has been an avid fan of Survivor since its debut in 2000. Robyn M. Kramer, Esq., is an associate at King, Blackwell, Zehnder & Wermuth, P.A., where she represents businesses and professionals involved in commercial litigation as well as attorneys sued for malpractice. She is currently the vice-chair of the OCBA Business Law Committee and an associate editor of The Briefs. She has been a member of the OCBA since 2015. Robyn became a Survivor fan while she was in law school.
www.orangecountybar.org
theBriefs August 2019 Vol. 87 No. 7
Introducing Westlaw Edge The most intelligent legal research platform ever. Experience it at westlawedge.com
theBriefs August 2019 Vol. 87 No. 7
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Chief Judge Frederick J. Lauten Hon. Donald A. Myers, Jr.
Chief Justice Charles T. Canady Chief Judge Frederick J. Lauten Justice C. Alan Lawson
City of Orlando Mayor Buddy Dyer
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www.orangecountybar.org
theBriefs August 2019 Vol. 87 No. 7
Ninth Judicial Circuit Retirement Celebration
The Honorable Chief Judge Frederick J. Lauten June 20, 2019
Dr. Phillips Center for the Performing Arts
Anthony F. Sos, OCBA President
Chief Judge Frederick J. Lauten
Chief Judge Frederick J. Lauten Hon. Donald A. Myers, Jr.
Hon. Donald A. Myers, Jr.; Chief Judge Frederick J. Lauten; Shelley Lauten
Orange County Mayor Jerry L. Demings Hon. Donald A. Myers, Jr. Chief Judge Frederick J. Lauten Hon. Emerson R. Thompson, Jr. Photos: Ninth Judicial Circuit
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EMPLOYMENT MEDIATION
PAGE 22 www.orangecountybar.org
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PhotoOps
CFAWL Summer Event
Orlando Flower Market
CFGALLA - The 49 Fund
YLS June Luncheon Panel
Orlando Mayor Buddy Dyer; Orange County Mayor Jerry Demings; Commissioner Patty Sheehan; Barry Miller; Mark Brewer, Central Florida Foundation President
Andrick Lewis; Bridget Keefe; Rachael Crews
YLS Board and Committee Retreat
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June 2019 YLS board retreat at SAK Comedy Lab
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YLS on the move
N
Andrew P. Irvin, Esq.
ot even the summer heat can slow down the Young Lawyers Section! On July 11, 2019, we held our Young Lawyers and Law Clerks Reception at the Orange County Regional History Center. There was a large turnout of judges, lawyers, and students, and it was a great night of food, drinks, and networking. Thank you to reception co-chairs Kimberlee Martin, Esq., and Jacob Schumer, Esq., for putting on a fantastic event! On July 19, 2019, we had our monthly luncheon at the Citrus Club, which featured Florida House Representative Anna Eskamani, who spoke about her experiences as a first-time legislator, gave an overview of the 2019 legislative session, and outlined her objectives for future legislative sessions. On August 1, 2019, we held a happy hour at Bitters & Bottles to raise money and supplies for our annual Backpack Project. Each year, in conjunction with CFAWL, we purchase backpacks full of school supplies for the children of Washington Shores Elementary School. Washington Shores serves one of the most underprivileged populations of Orlando, with the vast majority of students receiving freee or reduced-cost lunches. Thank you to Stephanie Alvarez, Esq., and Vanessa Braga, Esq., for leading this effort! And, coming soon, the 28th Annual OCBA-YLS Charity Golf Tournament on September 27, 2019. The tournament will be held at the Ritz
Carlton Golf Club Grande Lakes. There are still a few foursome spots and sponsorships available. But act fast! The golf tournament is one of our signature events and raises the majority of the funds we use for our many charitable endeavors. More information can be found on the OCBA website, or by emailing Brittany Melendez, Esq., at bmelendez@waltonlantaff.com, or Brian Lawrence, Esq., at brian.lawrence@lowndeslaw.com. Stay tuned for these upcoming YLS events: Aug. 24 – UF v. Miami Kickoff Tailgate. 2:00 p.m.-7:00 p.m. Camping World Stadium, Lot 7. Complimentary food, drinks (alcoholic and nonalcoholic), and more! For details, contact Connor Kelly at ckelly@dsklawgroup.com Sept. 20 – YLS Luncheon. 12:00 p.m.-1:00 p.m. (check in: 11:30 a.m.-11:55 a.m.) Citrus Club. Speaker & Topic: TBD Sept. 27, 2019 – 28th Annual OCBA- YLS Charity Golf Tournament at The Ritz Carlton Golf Club Grande Lakes There will be no YLS luncheon in August. And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Andrew P. Irvin, Esq., of Irvin & Irvin PLLC, pursues injury and property damage claims for people who have been involved in car crashes. He has been a member of the OCBA since 2013.
YLS Scholarship Program
Mia Broadie, recipient of the annual YLS scholarship
Scholarship program chairs, Onchanto Am and Annie Kwong
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Did you know that when you PASS a case to the Lawyer Referral Service, you not only support OCBA services, but you also help keep membership dues low? So please keep passing those cases and support the OCBA!
Keep the LRIS number in your playbook:
407-422-4537
Last year proceeds from the Lawyer Referral Program covered the production of six issues of The Briefs. The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida. PAGE 26
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ParalegalPost
W Shannon Hager, FRP
Lori M. Spangler, FRP
The OCBA Paralegal Section and Legal Aid Society Bridge the Gap
hen the OCBA Paralegal Section was established in 2009, paralegals were interested in finding a way to give back to the local community. Cindy Dahlman, a now-retired paralegal from GrayRobinson, was instrumental in planting the seed for paralegals to become involved with the Legal Aid Society of the Orange County Bar Association, Inc. Initially, the Paralegal Section only donated funds to help support Legal Aid. However, results of our section’s 2018 membership survey show that members want to become more directly involved with local organizations. Earlier this year, we collaborated with Legal Aid to explore pro bono opportunities for paralegals. Between Legal Aid’s need for responsible volunteers, and our members’ interest in volunteerism, the two organizations were able to successfully bridge the gap and fill the need. Legal Aid developed a special Paralegal Pro Bono Preference Form, which Larri Thatcher, Esq., Intake, Outreach, and Community Education coordinator, and Bethanie Barber, Esq., Guardian ad Litem Program director, introduced to us at our Lunch and Learn CLE on May 17, 2019. Members were encouraged to use the form to determine where and how their unique skills may best be used. At the seminar, we learned that: • There are more than 40 different types of pro bono work in which paralegals (and other non-lawyers) may assist; • You may volunteer on a regular basis, or only on occasion, whenever your schedule permits; • Legal Aid will provide any necessary training; • You may handle projects on an individual basis, or, alternatively, allow Legal Aid to pair you with an attorney; • You are able to manage your pro bono matters using an online case management system or work directly with the Pro Bono Referral Department.
in an area or would like to learn something new. Paralegals are able to participate in a wide variety of practice areas, including family law, immigration, veterans’ issues, sealing/expungement, dependency, domestic relations, and more. There are also hands-on options, such as interviewing potential clients or visiting at-risk children, as well as behind-the-scenes opportunities, such as performing legal research or drafting documents. Legal Aid is the administrative agency for the GAL program in Orange County. While all GALs in Orange County are attorneys, paralegals are able to serve as Volunteer Advocates for Children. At the May Lunch and Learn, Bethanie shared a story about how a VAC gathering records realized that the child was repeating a grade in school that he had already successfully completed. Because of the VAC’s thorough review of the records, the child was able to reclaim a significant part of his educational career and get back on track! The Paralegal Pro Bono Preference Form will available on the Paralegal Section’s page of the OCBA website. We will also email the form to all current members, provide it to new members, promote it on our Facebook page, and send an occasional email blast to our membership. You do not need to be a section member in order to volunteer. Feel free to contact us at orangecountyparalegalsection@gmail.com, and we will be more than happy to provide you with the form. We are most pleased to help bridge the gap between Central Florida’s talented paralegals and an amazing organization that is in need of their unique skills and compassion. Shannon Hager, FRP, a litigation paralegal with Greenberg Traurig, P.A., has served on the OCBA Paralegal Section Board of Directors since 2015, most recently as its president (2018-2019). She has been a member of the OCBA since 2013. Lori M. Spangler, FRP, a senior litigation paralegal with Greenberg Traurig, P.A., is the founding president of the OCBA Paralegal Section (2009-2010) and served for a number of years on the board of directors. She has been a member of the OCBA since 1995.
Legal Aid is able to tailor pro bono opportunities to your personality, availability, and professional interests – whether you already have experience
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PhotoOps
FBA – Central Florida & GOAABA Summer Series 2019
GOAABA Summer Events
GOAABA and Clean the World Foundation volunteered to help recycle soap and hygiene amenities from hotel and travel partners around the world.
Six-part Summer Series for Law Clerks and Summer Associates
FBA - Central Florida Board
Jill Kelso Patrick Brankins Andrew Ballentine Dustin Mauser-Claassen Leia V. Leitner Colin Baker Lauren Millcarek Brandon Sapp; Jeanette Mora; Leia Leitner Annie Kwong; Ani Rodriguez-Newbern; Michael Andriano; Anthony Sos
PCPBA Leadership HBACF Technology CLE
Fermin Lopez Vanessa Brice Hon. Luis Calderon Ron Gilbert
Desmond Morrell; Lisa Harvey; Courtney Richardson-Jones; Roger Johnson; Brandon Sapp PAGE 28
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SideBar
W
e are officially in the Dog Days of Summer. Yet the summer heat (and rain) hasn’t stopped our amazing voluntary organizations from continuing to pack a punch.
HBACF
Alena V. Baker, Esq.
On June 19, 2019, the Hispanic Bar Association of Central Florida presented an eye-opening luncheon on technology in the courtroom, “A Picture is Worth a Million Bucks – Technology in the Courtroom.” This luncheon helped highlight the recent advances in technology and helped members learn how to use it in their everyday work life. HBACF extends a special thank you to its panel: the Honorable Luis Calderon, Vanessa Brice, Esq., Ron Gilbert, Esq., and moderator Fermin Lopez, Esq.
PCPBA
The Paul C. Perkins Bar Association would like to congratulate member Kevin C. Allen-Nash, Esq., for being elected and installed as president-elect of the Virgil Hawkins Florida Chapter National Bar Association at its fourth quarterly meeting held in Boca Raton. PCPBA is an affiliate chapter of the Virgil Hawkins Florida Chapter National Bar Association. In addition, PCPBA was honored to attend the Henry T. Latimer Diversity and Inclusion Luncheon at the 2019 Florida Bar Annual Convention in Boca Raton. Congratulations to Desmond Morrell, Esq. (PCPBA president 2017-2018), and Brandon Sapp, Esq. (PCPBA president 20182019), who graduated from Class VI of The Florida Bar Leadership Academy. Also, congratulations to members Lisa Gabrielle Harvey, Esq., and Courtney Richardson-Jones, Esq., who were welcomed into Class VII of the Leadership Academy.
CFAWL
On June 13, 2019, at DoveCote, the Central Florida Association for Women Lawyers held a professionalism roundtable. The Honorable Andrew Cameron, the Honorable Tina Caraballo, and the Honorable Elizabeth Starr gave attendees great advice on professionalism in the legal community. On June 29, CFAWL volunteered at the Coalition for the Homeless Center for Women and Families, where members painted the walls of a room and helped to furnish the intake center. Congratulations to the 2019-2020 CFAWL officers and board of directors, who were installed on July 12, 2019. A big thank you goes to outgoing presi-
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dent, Arti Hirani, Esq., for a job well done, and to the incredible CFAWL board. The association gets better and better each year!
GOAABA
On June 27, 2019, the Greater Orlando Asian American Bar Association had an amazing time celebrating its legacies and past presidents over sushi and spirits at Kabooki Orlando. On July 15, 2019, the 2019-2020 GOAABA board was installed, and a very special thank you goes to the Honorable Denise Beamer for conducting the swearing in. GOAABA members extend a warm thank you to Annie Kwong, Esq., and the 2018-2019 GOAABA board for all their hard work this past year!
CFGALLA
Central Florida Gay and Lesbian Law Association member Barry Miller, Esq., spoke during a scholarship awards ceremony on June 8, 2019. The 49 Fund at Central Florida Foundation awarded a $4,900 scholarship each to four area students for their college education. The endowed scholarships, founded by Barry, are part of The 49 Fund’s continuing efforts to honor those lost in the Pulse tragedy. While the event is still a couple months away, it’s never too early to make plans to join CFGALLA and attend its second annual joint voluntary bar event: Come Out with Pride Orlando 2019. Registration is free for all members of local voluntary bar associations, law students, and members of the judiciary. The event will be held in October and will include drinks for sale, which will benefit The 49 Fund.
FBA
Congratulations to the Federal Bar Association – Orlando Chapter’s very own Lauren Millcarek, Esq., who proudly represented the FBA at the Federal Judicial Roundtable. The FBA was also proud to be a bronze sponsor at the event. Congratulations, as well, to FBA board member Leia Leitner, Esq., for becoming president of the Greater Orlando Asian American Bar Association! Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She is a board member of the OCBA Criminal Law Committee and has been a member of the OCBA since 2011.
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ProfessionalismCommittee continued from page 6
embraced. Be mindful of the many masters you serve, and strive to promote the professionalism this profession demands. Lisa Ann Thomas, Esq., an associate with Cole, Scott & Kissane, P.A., is vice chair of the OCBA Professionalism Committee. She focuses her practice on workers’ compensation defense. She has been a member of the OCBA since 2016.
The Florida Bar Board of GovernorsReport continued from page 9
Wayne L. Helsby, Esq. – Board Committees: Communications; Legislation; Rules. Contact: whelsby@anblaw.com; 407-5712152. Thomas P. Wert, Esq. – Board Committees: Certification Plan Appeals; Communications; Disciplinary Review; Program Evaluation. Contact: twert@deanmead. com; 407-841-1200.
Chief’sColumn To faithfully fulfilling your pledge to continued from page 7 provide pro bono services through the And while I can offer no quick fixes or Legal Aid Society of the Orange County surefire solutions, what I can offer is a re- Bar Association and encouraging those newed commitment to demystifying the around you to do the same. We need to legal system. To simplifying and stream- strive for positive change in how people lining processes. To sharing my hard- interact with the courts and how the sysearned knowledge of how the courts op- tem is designed to interact with its userate with those who are unfamiliar with ers. And, by doing this work together, we it. To continuously seek improvement, may just begin to feel the weight of that all the while understanding that change responsibility lighten as we create new comes slowly to institutions and comes pathways of access. only through our concerted collective ef- The Honorable Donald A. Myers, Jr., is the chief judge of the Ninth Judicial Circuit. He was forts. elected to the Circuit Court for Orange and So, I invite you to join me in these ef- Osceola counties in 2010 and served in many forts to help create a collective commit- capacities in the circuit, most recently as a circuit judge assigned to the Domestic Division ted to ensuring equal access. To rededi- court and as the administrative judge for appeals to cate yourself to demystifying the system the circuit court. He has been a member of the and actively seeking tangible solutions. OCBA since 1980.
Submitted by: Julia L. Frey, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A.; Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A.; and Thomas P. Wert, Esq., Dean Mead. They have been members of the OCBA since 1993, 1986, and 1993, respectively.
Serving the Legal Profession. Serving the Community.
Join more than 3,200 of your colleagues in one of the state’s fastest growing and most innovative bar associations: The Orange County Bar Association. Go to: www. orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!
407-422-4551, ext. 225 PAGE 30
September 9, 2019
Centering One’s Self in a Conflict-Centered Profession
October 14, 2019
An Analysis of Frey v. Daubert
November 4, 2019
General Ethics Panel Discussion
Bring your lunch and pick up great practice pointers!
Seating is limited. RSVPs are requested. See Announcements on page 35 for complete info.
12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor • RSVP to: Cindy Brown at ctjacb1@ocnjcc.org www.orangecountybar.org
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GuestArticle
F Michelle Gomez Hinden, Esq.
Flor Leiva
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FR/BAR Contracts: Reconsidering the Differences Between the “AS IS” Contract and the Standard Contract in the Wake of Diaz v. Kosch
lorida real estate attorneys and real estate licensees have found guidance in a 2018 landmark case, Diaz v. Kosch, coming out of Florida’s Third District Court of Appeal. After six years of litigation arising from a $2,850,000 residential real estate contract, the Third District Court delivered its noteworthy opinion interpreting the “AS IS” Residential Contract for Sale and Purchase (the “AS IS Contract”) was drafted jointly by Florida Realtors® and The Florida Bar. Such jointly drafted contracts are commonly known as FR/BAR contracts. The case developed in 2012 when buyers and sellers entered into an AS IS Contract for the purchase of a home. As part of the AS IS Contract’s terms, the buyers delivered an initial deposit to the escrow agent. The day before the inspection period expired, the buyers notified their broker that they were concerned that their inspection of the property did not coincide with the property’s permitting history. On the tenth and final day of the inspection period, while simultaneously threatening legal action against the sellers, the buyers delivered a second deposit, specifying that the second deposit was a conditional tender that was subject to the buyers’ invocation of Section 12(c) of the AS IS Contract.1 The buyers subsequently terminated the AS IS Contract; however, the termination notice did not claim a sellers’ breach nor did it claim the buyers’ inability to procure financing. Instead, the buyers’ termination notice cited the sellers’ failure to comply with Section 12(c) of the AS IS Contract. The buyers later filed suit against the sellers, raising various causes of action; and the sellers counterclaimed for buyers’ default of the AS IS Contract. After four years of litigation, the trial court entered summary judgment in favor of the sellers, finding that the buyers did not exercise their right to terminate as prescribed by the AS IS Contract, and the Third District Court of Appeal affirmed. In arriving at its decision, the appellate court undertook a strict interpretation of the AS IS Contract. Noting that the AS IS Contract delineates “a path to closing the transaction,” the court held that the buyers’ second deposit constituted a waiver of the buyers’ right to terminate the AS IS Contract, and the buyers’ waiver triggered the sellers’ right to retain the deposits. The court further noted that under the provisions of the AS IS Contract, the buyers had three options. They could: (1) deliver a notice of cancellation prior to
the expiration of the inspection period, entitling the buyers to a return of their deposits;2 (2) allow the inspection period to expire, whereby the buyers would be deemed to have accepted the property’s condition and the buyers would be required to make the second deposit as required by Section 2(b) of the AS IS Contract;3 or (3) modify the AS IS Contract by written agreement extending the cancellation period.4 The buyers’ attempt to circumvent these options by delivering the second deposit as a conditional tender essentially backfired when the appellate court held that Section 2(b) does not allow the “conditional tender” that “Buyers attempted to create.”5 Moreover, the court noted that the sellers complied with their duties under Section 12(c) and even mentioned the $32,000 expense the sellers generously incurred in doing so.6 Further holding for the sellers, the court ultimately stated that the sellers were entitled to retain the deposits by virtue of the buyers terminating the AS IS Contract in the absence of a seller breach or the buyers’ inability to procure financing.7 The appellate court’s decision has captured the attention of real estate attorneys and real estate agents statewide, and has prompted a reconsideration of the FR/BAR contracts. It is worth noting that Florida Realtors® and The Florida Bar have deservedly received much praise by the appellate court in this case for their joint work in drafting the FR/BAR contracts. The standard terms and fill-in provisions of these AS IS Contracts outline the necessary steps to a smooth closing on any residential real estate transaction, which helps facilitate the process for home buyers and sellers without the need for a legal background. With this in mind, to secure protections, limit obligations, and ensure that the right contract is used to address each party’s particular needs, it is important to consider the differences between the AS IS Contract and the standard contract before executing either contract. Parties in real estate transactions often jump the gun, signing AS IS Contracts under the assumption that the buyer is required to take the property as is without much responsibility on the seller’s part. While this is partly true,8 both the AS IS Contract and the standard contract impose maintenance duties on the seller. Section 11 in both contracts requires the seller to maintain the property in the condition in which it existed as of the contract’s effective date, ordinary wear and tear, and casualty loss excluded.
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GuestArticle
continued from page 31
In contrast, one of the key differences between the two contracts is the inspection period. Unless otherwise specified, Section 12(a) of the AS IS Contract contains a 15day inspection period. During this inspection period, so long as the buyer delivers written notice of termination prior to the inspection period’s expiration, the buyer has complete discretion to terminate the contract without losing the deposit. If a buyer does not timely terminate the contract, the buyer accepts the property in the physical condition it is in. Similarly, unless otherwise specified, Section 12(a) of the standard contract also provides a 15-day inspection period to conduct “General,” “WDO” [wood-destroying organisms], and “Permit” inspections. If a buyer does not timely terminate the contract, the buyer will have waived the seller’s obligation to repair, treat, or remedy any matters that are set forth in Section 12(b)(ii) of the standard contract. Another significant difference between the two contracts is the process for curing permitting issues. Section 12(c) of the AS IS Contract requires the seller to assist the buyer in resolving permitting issues, in-
cluding delivering any plans, documents, or information in the seller’s possession to the buyer, and signing any necessary documents for the buyer to conduct inspections and obtain estimates in resolving the permitting issues. The AS IS Contract makes clear, however, that a seller is not required to expend any money in doing so. While Section 12(d) of the standard contract requires the seller to deliver any plans, documents, or information in the seller’s possession to the buyer, it also requires the seller to obtain and close any permits, up to the permit limit, no later than five days prior to closing date. In other words, if permits, WDO, and repairs are a priority, a buyer will find more protections in the standard contract. On the other hand, if limited seller obligations and absolute buyer discretion to terminate the contract upon inspection are priorities, then the AS IS Contract may be more suitable. Bear in mind that for the latter option, it is critical for a buyer to exercise the right to terminate before the inspection period expires. As Diaz v. Kosch has made clear, a buyer should beware that the tender of a second deposit may be considered a waiver of the buyer’s right to terminate the AS IS Contract. In the Diaz case, had the buyers known this, they could have saved their own attorneys’ fees, their
deposits totaling $285,000, and an obligation to pay the sellers’ attorneys’ fees, which amounted to $850,000. Michelle Hinden, Esq. is a Florida Bar Board Certified real estate law attorney at Nishad Khan, P.L., in Orlando and is a member of the Board of Directors of the Central Florida Real Estate Attorneys’ Council. Flor Leiva is a law clerk at the firm of Nishad Khan, P.L., in Orlando and a thirdyear student at Barry Law, serving on the Executive Board of the Moot Court Honors Board and competing in national moot court competitions. Hinden, Michelle G.; Leiva, Flor. “FR/BAR Contracts: Reconsidering the Differences Between the “AS IS” Contract and the Standard Contract in the wake of Diaz v. Kosch” originally published in AREC, http://flarecs.com/resources/ blog/166-fr-bar-contracts-reconsidering-the-differencesbetween-the-as-is-contract-and-the-standard-contract-inthe-wake-of-diaz-v-kosch. Published with permission. All rights reserved. Section 12(c) requires the seller’s assistance in providing necessary documents and information in the seller’s possession which are the subject of open or needed permits. 2 Diaz v. Kosch, 250 So.3d 156, 164 (Fla. 3d DCA 2018). 3 Id. 4 Id. 5 Id. 6 Id. at 165 n.7. 7 Id. at 167. 8 Even where parties enter into an “AS IS” contract, a seller has a legal obligation to disclose to the buyer known latent, material defects that are not readily observable. Johnson v. Davis, 480 So.2d 625, 629 (Fla. 1985). 1
OCBA Mentoring Program Do you have wisdom & experience you could share with younger lawyers? If so, then this program is for you! The OCBA’s Mentoring Program pairs mentors and mentees over the course of 16 weeks, on their own schedule, to discuss the practice of law. Mentors must be an OCBA member with at least 10 years of practice or board certification. There is no cost for mentors to participate. Mentor applications due: ASAP August 28, 2019 – Kickoff Luncheon Sponsored by:
September 1, 2019 – Program Begins December 31, 2019 – Program Concludes
The commitment is minimal, but the impact may be life-long! For details and to download an application, go to: www.orangecountybar.org/mentoring PAGE 32
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Recipient of The Florida Bar Henry Latimer Center for Professionalism 2016 Group Professionalism Award
JUMP START YOUR CAREER New Lawyer Training Program 2019 August 16 & 17, 2019 Presented by the Orange County Bar Association
Join us for a dynamic, two-day program designed to help you become a confident, successful practitioner in Orange County and beyond.
Jump Start Your Career & Register Today! Student: $125
Navigating the Courts in the Ninth Judicial Circuit
August 16, 2019 • 8:00 a.m.-5:00 p.m. • Tour the Orange County Courthouse • Learn about circuit civil, business, domestic, & criminal courts • Learn about scheduling & filing notices • Hear best practice techniques from judges, the Public Defender & the State Attorney .... and more!
Starting Your Own Firm: The Nuts & Bolts
August 17, 2019 • 8:00 a.m.-5:00 p.m. • Professionalism & ethics in practice • How to establish a successful solo practice • Learn about protecting your assets • Practice management resources & legal research 7.0 CLE Credits
Students: OCBA membership included.
Current Member Fee: $175 Non-member Fee: $195
(No Refunds After July 15, 2019) Breakfasts & lunches included
All participants will be enrolled in an OCBA Mentoring Program
Register at www.orangecountybar.org/ newlawyertraining For additional information, call 407-422-4551, ext. 225.
Sessions subject to change.
Sponsored by:
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New M e mbe rs Attorneys Lisa M. BERNARDINI Janice W. CHON Andrew J. DARLING Ryan D. ELIAS Annette Marie FERRER Charles R. FREDERICK Andrea GILLEN Brittney Nicole HAVENS Barrington IRVING Martin Daniel JACKSON John Cameron E. KATZ Frank J. LACQUANITI
Christian M. LEGER Caitlin Elizabeth MASSEY Danielle L. MEROLA Paul MESSINA Catherine B. NORRIS John C. PALMERINI Jolie Noelle PAVLOS Andrew R. RIERA Alexa M. RIMMER Huda Ali SALEH Christopher John SCHISANI Michael SINGH
Kelvin SOTO Raymond SOTOMAYOR John H. STONE Taylor C. STROHMEIER Loany M. VARGAS Jose R. VENTO Jamie L. WHITE
Nicolas J. COVELLI Selah FERRY Lisa F. FINELLI Willie A. FRANCIS Jennifer A. MOORE
Law Students
Sara M. LEWIS
Taimur AHMED Noel Gabriel BERRIOS Tearany M. HARDAWAY Samantha LAMBERT
Affiliates
Joshua Edward SHILNEY
Emeritus
Danielle M. CAMPBELL
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. Winderweedle, Haines, 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, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Artemis Family Law Group, PLLC Arwani Law Firm Aust Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Beshara, P.A. Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A.
Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Small Business Counsel Southern Trial Counsel Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona 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.
Fassett, Anthony & Taylor, P.A. Forward Law Firm P.A. Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Green Family Law, P.A. 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 Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton 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
PAGE 34 www.orangecountybar.org
theBriefs August 2019 Vol. 87 No. 7
Events Aug. 7 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: David B. King, Esq. Register by Aug. 5 through the OCBA Store. Aug. 16 – New Lawyer Training Program – Day 1. 8:30 a.m.5:20 p.m. Orange County Courthouse, Jury Assembly Room. See ad on page 33 in this issue of The Briefs. Aug. 17 – New Lawyer Training Program – Day 2. 7:45 a.m.5:00 p.m. OCBA Center, Grand Cypress Room. See ad on page 33 in this issue of The Briefs. Aug. 28 – Mentoring Program Kickoff Luncheon. 12:00 p.m.1:00 p.m. OCBA Center, Grand Cypress Room. Luncheon is for those registered for the Mentoring Program. See ad on page 32 in this issue of The Briefs. Sept. 4 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: TBD. Register by Sept. 2 through the OCBA Store. Sept. 10 – OCBA Annual Trivia Competition. Ace Café, 100 W. Livingston St. 6:00 p.m. (5:30 p.m. check-in). Details to come. Sept. 17 – OCBA Law Day 5K Cocktail Kickoff. 5:30 p.m.7:30 p.m. The Robinson Cocktail Room, 61 E. Pine Street, Orlando FL 32801. Register through the OCBA Store. Details to come. Sept. 27 – 28th Annual OCBA-YLS Golf Tournament. 8:00 a.m. shotgun start. The Ritz-Carlton Golf Club Grande Lakes, 4020 Central Florida Parkway, Orlando, FL 32837. See ad on page 37 in this issue of The Briefs.
Seminars Aug. 2 – In-House & General Counsel Committee. The Unique Ethical Pitfalls and Challenges of In-House Counsel. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 1.5, including ethics (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Mayanne Downs, Esq.; Diego “Woody” Rodriguez, Esq.; Gerard Glynn, Esq. Sponsored by Seacoast Bank; Courtroom Sciences Inc. Register by July 31 through the OCBA Store. Aug. 6 – LAS Lunchtime Training. Family Law Case Update & Legislative Wrap Up. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, Florida 32801. CLE: pending. Speaker: Tenesia C. Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Aug. 8 – Criminal Law Committee. Traffic Hearings, DWLS & Assisting Clients to Reinstate Their Driver’s License. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 1.5 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Brian S. Sandor, Esq.; Jeff Lotter, Esq. Sponsored by Lakeview Health. Register by Aug. 6 through the OCBA Store. Aug. 12 – Estate, Guardianship & Trust Committee. What are ABLE Accounts? 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: John Finch; Catherine Davey, Esq. Sponsored by K. Mitchell Team. Register by Aug. 9 through the OCBA Store.
Aug. 15 – Paralegal Section. Unlicensed Practice of Law in Florida: A Primer for Paralegals & Attorneys. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). $15 (OCBA members); $18 (nonmembers). Register by Aug. 12 at http:// bit.ly/ParalegalSeminar081519. August 16 – Family Law Committee. Collaborative Process Option in Family Law Matters. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/ students); $20 (nonmembers). Speakers: Michael P. Sampson, Esq.; Dr. Roberta Marowitz, LMFT; Chad Elferink, C.P.A. Sponsored by K. Mitchell Team; HealthMarkets Insurance Agency; coParenter. Register by Aug. 14 through the OCBA Store. Aug. 20 – LAS Lunchtime Training. GAL Training: Nurturing Our Newborns: Advocacy in Early Childhood Court. 12:00 p.m.1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, Florida 32801. CLE: pending. Speaker: Jonathan Neyer, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba. org. Aug. 30 – Diversity & Inclusion Committee. Women Who Lead. 12:00 p.m.-1:00 p.m. Lowndes Law. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speaker: Frances Rios. Sponsored by Women Who Lead. Register by Aug. 28 through the OCBA Store. Sept. 3 – Real Property Committee. Details to come. Sept. 9 – Brown Bag Luncheon with Tanya and the Bobs. Centering One’s Self in a Conflict-Centered Profession. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 general or mental health (pending). Free. Speakers: Hon. Bob LeBlanc; Kiki Grossman, Esq. RSVPs are requested. Contact Cindy Brown at ctjacb1@ocnjcc.org. Sept. 10 – LAS Lunchtime Training. Relocations & DV. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, Florida 32801. CLE: pending. Speaker: Tenesia C. Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Sept. 13 – Labor & Employment Committee. Details to come. Sept. 20 – Family Law Committee. Details to come. Sponsored by K. Mitchell Team and HealthMarkets Insurance Agency. Sept. 24 – LAS Lunchtime Training. GAL Training: GAL Advocacy for Crossover Youth. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, Florida 32801. CLE: pending. Speaker: Ronnie Syme, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Sept. 27 – Bankruptcy Law Committee. Details to come.
Events & Seminars
theBriefs August 2019 Vol. 87 No. 7
www.orangecountybar.org
PAGE 35
CLASSIFIED ADS EMPLOYMENT A/V RATED DOWNTOWN ORLANDO LAW FIRM of Fisher Rushmer, P.A. is seeking an associate with a minimum of 3 years’ experience in the areas of personal injury, insurance litigation and 1st/3rd. party casualty claims. Generous benefits package available, competitive wages as well as bonus programs. Please reply with your resume to: LSkinner@fisherlawfirm.com. DOWNTOWN ORLANDO LITIGATION FIRM seeking paralegal with 5 years’ experience. Insurance defense experience preferred. Benefits and salary are based on experience. E-mail your resume to Dianna@vasko.net. ASSOCIATE ATTORNEY 1-5 years exp. Full or Part-time. Insurance/Product Liability. Reply to Hiring Partner: P.O. Box 1150, Winter Park, FL 32790. LEGAL ASSISTANT/ASSISTANT Full or Part-time. Prior litigation
experience preferred. Reply to Hiring Partner: P.O. Box 1150, Winter Park, FL 32790. THE ORANGE COUNTY CLERK’S SELF HELP CENTER is in need of attorneys who speak Spanish, Creole or are ASL certified. The Self Help Center attorneys provide consultations to clients who need information regarding family law, evictions, and small claims. Self Help Center attorneys are paid a daily salary and can sign up to work for one or more days per month. For more information, please contact Candice Maull at candiced@ ocbanet.org. DOWNTOWN ORLANDO LITIGATION FIRM seeking attorney with 5 years’ experience. Insurance defense experience preferred. Benefits and salary are based on experience. E-mail your resume to Dianna@vasko.net. 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
OFFICE SPACE/SALE/RENT/ LEASE/SHARE LEASE THE ENTIRE OFFICE BUILDING or individual suites, starting at $350 per month! Walk to Orange County Courthouse! All amenities such as utilities, high speed internet, maintenance, private mail box, access to conference room and kitchen are included at this secured building. Long term or month-month leases are available. Contact 407949-2900 Today! OFFICE SPACE/SUITES FOR RENT - Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate
office suites. Parking included. Call or email: John at 407-4252907; jkk@keatlaw.com. TWO FURNISHED ATTORNEY OFFICES – Downtown Orlando, one block from courthouse, post office and restaurants. Parking, conference rooms and kitchen use included. Call Kacy (407) 259-2426. SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact kristy@kellyjuris.com. OFFICE SUITE(S) AVAILABLE in Established Downtown Winter Park Law Firm. Rent includes shared reception, telephone answering, copier, fax, conference rooms, secretarial area, Internet/WiFi, and more. Call, text or email Christopher Morrison 4075791424 cmorrison@prattandmorrison.com.
Book Your Next Event at the Orange County Bar Association The Orange County Bar Association (OCBA) is the perfect choice for meetings in Downtown Orlando. We offer first-class meeting facilities. Our on-site meeting coordinator is at your service, ready to assist with everything from room setup and technology support, to food and beverage orders, hotel accommodations, and dinner reservations. We also offer free on-site parking.
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For additional information contact: Ashley Norris (Events & Seminars Manager) 407-422-4551 x.233 or ashleyn@ocbanet.org
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The Orange County Bar Association // 880 N. Orange Ave. // Orlando, FL 32801 PAGE 36 www.orangecountybar.org
theBriefs August 2019 Vol. 87 No. 7
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Basic Driver Improvement 4-hour course (Traffic Ticket - TCAC) First-time Driver 4-hour course Advanced Driver Improvement 12-hour course (ADI / Judge-ordered class) Florida Mature Driver Program 6-hour course All traffic courses are approved by the Florida Department of Highway Safety & Motor Vehicles and sponsored by the American Safety Council. Register: orangecountybar.org.
theBriefs August 2019 Vol. 87 No. 7
www.orangecountybar.org
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O C BAUGUST A C- SEPTEMBER alendar
AUGUST
2
In-House & General Counsel Committee Seminar The Unique Ethical Pitfalls and Challenges of In-House Counsel 12:00 p.m. • OCBA Center
Professionalism 6 Committee Meeting
12:00 p.m. • OCBA Center LAS Lunchtime Training Family Law Case Update & Legislative Wrap Up 12:00 p.m. • Bay Equity, Lucerne Plaza Real Property Committee Meeting 11:30 a.m. • OCBA Center
7
Member Perks 8:00 a.m. • OCBA Center Elder Law Committee Meeting 12:00 p.m. • OCBA Center
8
Criminal Law Committee Seminar Traffic Hearings, DWLS & Assisting Clients to Reinstate Their Driver’s License 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 12:00 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center
Guardianship & 1 2 Estate, Trust Committee
Seminar What are ABLE Accounts? 12:00 p.m. • OCBA Center
Executive 1 4 OCBA Council Meeting
4:30 p.m. • OCBA Center
15
Paralegal Section Seminar Unlicensed Practice of Law in Florida: A Primer for Paralegals & Attorneys 12:00 p.m. • OCBA Center
PAGE 40
OCBA August Luncheon August 22, 2019
Aurora McCreary, Esq.
SEPTEMBER Lawyer Training 1 6 New Program – Day 1
8:30 a.m. • Orange County Courthouse, Jury Assembly Room Family Law Committee Seminar Collaborative Process Option in Family Law Matters 12:00 p.m. • OCBA Center
Lawyer Training 1 7 New Program – Day 2
7:45 a.m. • OCBA Center, Grand Cypress Room
Lunchtime Training 2 0 LAS GAL Training: Nurturing
Our Newborns: Advocacy in Early Childhood Court 12:00 p.m. • Bay Equity, Lucerne Plaza Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center
Law 2 1 Appellate Committee Meeting
12:00 p.m. • Lowndes Law Construction Law Committee Meeting 12:00 p.m. • Becker & Poliakoff
Luncheon 2 2 OCBA Aurora McCreary, Esq.
11:30 a.m. • Embassy Suites by Hilton Downtown Orlando
2 Meeting 7 Social Committee
12:00 p.m. • OCBA Center OCBA Mentoring Program Kickoff Luncheon 12:00 p.m. • OCBA Center Diversity & Inclusion Committee Seminar Women Who Lead 12:00 p.m. • Lowndes Law
28 30
11:30 a.m.-1:00 p.m. Embassy Suites by Hilton Downtown Orlando 191 E. Pine St., Orlando, FL 32801 RSVP by August 19, 2019 // orangecountybar.org/store
Labor Day Holiday 2 OCBA Center Closed Professionalism 3 Committee Meeting
12:00 p.m. • OCBA Center Real Property Committee Seminar TBD
4
Member Perks 8:00 a.m. • OCBA Center Elder Law Committee Meeting 12:00 p.m. • OCBA Center Business Law Committee Meeting 12:00 p.m. • OCBA Center
Brown Bag Luncheon 9 with Tanya & the Bobs
Centering One’s Self in a Conflict-Centered Profession 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • OCBA Center
Social Security
Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center
& Employment 1 3 Labor Committee Seminar TBD
Solo & Small Firm 17 Committee Meeting
12:00 p.m. • OCBA Center OCBA Law Day 5K Cocktail Kickoff 5:30 p.m. • The Robinson Cocktail Room
Law 1 8 Appellate Committee Meeting
12:00 p.m. • Lowndes Law
OCBA Luncheon 1 9 Co-host: Hispanic Bar
Association of Central Florida 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando
Lunchtime Training 20 YLS Luncheon Citrus Club 1 0 LAS Relocations & DV 11:30 a.m. • Citrus Club 12:00 p.m. • Bay Equity, Lucerne Plaza OCBA Annual Trivia Competition 6:00 p.m. • Ace Café Literary 1 1 Lawyers 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 Construction Law Committee Meeting 5:00 p.m. • OCBA Center
Family Law Committee Seminar TBD
Lunchtime Training 2 4 LAS GAL Training: GAL
Advocacy for Crossover Youth 12:00 p.m. • Bay Equity, Lucerne Plaza Social Committee Meeting 12:00 p.m. • OCBA Center
27
28th Annual OCBA- YLS Golf Tournament 8:00 a.m. • Ritz-Carlton Golf Club Grande Lakes Bankruptcy Law Committee Seminar TBD
1 Meeting 2 Civil Rights Committee
12:00 p.m. • OCBA Center
www.orangecountybar.org
theBriefs August 2019 Vol. 87 No. 7
880 North Orange Avenue Orlando, Florida 32801
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