Orange County Bar Association - The Briefs - February 2015

A Publication of the Orange County

Inside this Issue:

February 2015 Vol. 83 No. 2

Bar Association

In Her Own Words: Kimberly A. Homer, Esq., OCBA Executive Director Kimberly A. Homer, Esq.

President’s Message All You Need is Love... and the Law Nicholas A. Shannin, Esq. Paralegal Post Intellectual Property Committee The Ethical Tightrope of the Court Reporter Emily Andersen, Registered Merit Reporter Five Tips for Clients Who Are Considering a New Trademark David P. Hathaway, Esq.

West, Green & Associates, PL is pleased to announce that Partner, Caryn M. Green has been selected as a Fellow of the American Academy of Matrimonial Lawyers (AAML). The American Academy of Matrimonial Lawyers was founded in 1962, by highly regarded domestic relations attorneys “To provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.” Caryn M. Green, a Partner at the family law firm of West, Green and Associates, PL earned her J.D. from Widener University School of Law, and is Board Certified in Marital and Family law. Additional accomplishments include: • Member of Orange County Bar, Family Law Section and Florida Bar Family Law Section • Executive Counsel of the Family Law Section of the Florida Bar • Lecturer on various family law topics, including custody, prenuptial agreements and ethics • A/V rated by Martindale-Hubbell • Recognized as the “Best of” in Best Lawyers - Orlando Magazine • Included in Florida Trend Elite Magazine for the past 8+ years • Named 2014 Lawyer of the Year in Family Law by Best Lawyers in America

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Contents 3

President’s Message Al You Need is Love... and the Law Nicholas A. Shannin, Esq.

5

19

Legal Aid Society What We Do... Breakfast of Champions 2014 Donna A. Haynes

20

February Luncheon Paulette Brown, Esq. Legal Aid Society Teaching Tips President-Elect, American Bar Association Protecting Family Wages from Garnishment 2014-2015 Jamos “Jay” Mobley, Esq. Professionalism Committee 7th Annual Breakfast of Champions The Professionalism Committee Helps to Build a Foundation of Professionalism for Law Students John Y. Benford, Esq. YLS on the Move Chanel A. Mosley, Esq. Judicial News Judicial Retirements SideBar Sunny Lim Hillary, Esq.

6

9

Judicial Relations Committee Report from the Orange County Bar Association’s Judicial Relations Committee Richard S. Dellinger, Esq.

12

Intellectual Property Committee Five Tips for Clients Who Are Considering a New Trademark David P. Hathaway, Esq.

14

Associate Editors David A. Meek, Esq., Elizabeth Collins Plummer, Esq. & Téa Sisic, Esq. Hearsay Columnist Christine A. Wasula, Esq.

22-23

27 28

Hearsay... Christine A. Wasula, Esq.

30

Windows Server 2003 End of Life Announced Steve LaPha, MCSE Law Week Wolf v. Pig Mock Ttrial

35

Clerk’s Corner Paralegal Post Expanded Electronic Access to Court Records The Ethical Tightrope of the Court Reporter – on the Horizon Emily Andersen, Registered Merit Reporter Tiffany Moore Russell, Esq. New Members Board of Governor’s Report Year-end Report from The Florida Bar Rainmaking Board of Governors Inspect What You Expect – Part 1 Mary Ann Morgan, Esq. Michael Hammond, Esq. Paul L. SanGiovanni, Esq. Wayne L. Helsby, Esq.

15

©2015

Co-Editors Vincent Falcone, Esq. & Carrie Ann Wozniak, Esq.

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8

the Briefs

36 38

Side Bar Columnist Sunny Lim Hillary, Esq. YLS Columnist Chanel A. Mosley, Esq. w OFFICERS Nicholas A. Shannin, Esq. President Jamie Billotte Moses, Esq. President-Elect Wiley S. Boston, Esq. Treasurer Elizabeth F. McCausland, Esq. Secretary w EXECUTIVE COUNCIL Linda Drane Burdick, Esq. Philip K. Calandrino, Esq. Richard S. Dellinger, Esq. Mary Ann Etzler, Esq. A. Felipe Guerrero, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Ryan Williams, Esq. Paul J. Scheck, Esq. Ex Officio Karen L. Persis, Esq. YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch

39 Announcements 16 Brant S. Bittner Retirement Party 40 Communications Assistant 17 Classifieds Nancy Barnette In Her Own Words: Kimberly A. Homer, Esq., 44 Marketing & Sponsorship Coordinator OCBA Executive Director Kimberly A. Homer, Esq.

Calendar

Amanda Nethero

18

Legal Aid Society GAL Teaching Tips Getting Kids on Target: Special Developmental Therapies for Extra-Special Kids Ericka S. Garcia, Esq.

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Dollar Photo Club ISSN 1947-3968

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

www.orangecountybar.org

theBriefs February 2015 Vol. 83 No. 2

President’sMessage

February 2015 M Nicholas A. Shannin, Esq.

All You Need is Love... and the Law

but before January 3 – so that the y friend John Hamilton All you need is love; loves music. Like me, he True when your love is legal. prerequisites for obtaining a marriage license might be completed favors an eclectic variety by the applicants before the Januof musical groups, but none Let Justice love Love. ary 6, 2015 date arrived. more so than the Fab Four from Liverpool. He would also agree with me, how- Those efforts ultimately lead to perhaps the most ever, that one of their most famously quoted lyr- unusual appellate pleading ever filed – an unopics, encapsulated in the picture below (captured, posed motion for rehearing en banc of the denial of all places, painted on a wall at Gotha Middle of a motion to expedite. Whether that en banc School) is mostly, but not always correct.1 proceeding would have worked or not became It should always be true moot, however, when the original judicial decithat “all you need is love.” sion in the panhandle county was expanded to Sometimes, however, the apply across the state of Florida. law itself somehow in- Accordingly, on January 6, 2015, the petitioners terferes with this basic, in Mr. Young’s case were the first in line and the Beatalic truth. Then, un- first to receive same-sex marriage licenses ever isder those circumstances, all sued in Orange County. That morning, shortly you need is law, love, law is after 8:00 a.m. – an hour before a mass ceremony what you need. occurred on the steps of City Hall, officiated by Which brings us to Janu- mayor and notary public Buddy Dyer – a much ary 6, 2014. This was one smaller ceremony occurred at the Orange Counof those days when I was ty Courthouse which was, accordingly, the first really proud to be a lawyer. same-sex marriage ceremony in Orange County. Two of my favorite clients The officiant for that ceremony – yours truly. are Bill Cowles, our Su- As great as it was to be able to participate in this pervisor of Elections, who historic occasion, a ceremony more meaningful strives to provide citizens with the equal oppor- to me occurred one week later. On January 12, tunity to vote, and Tiffany Moore Russell, Esq., 2015, only six days after the legal floodgates had our Clerk of Courts, who strives to provide equal opened for equal treatment of our citizens reaccess to our shareholders, the citizens, to use our gardless of orientation, the advocate in the peticourt processes. It is in this latter role that I had tion referenced above became the applicant for a the privilege of assisting the clerk navigate the re- marriage license of his own. Pictured here is the cent developments concerning same-sex couples happy couple, OCBA member Tom Young and wishing to obtain a marriage license. While court his spouse, Tom Jaeger. I could not have been rulings existed indicating that the ban on same- more thrilled for my friend and was genuinely sex marriages was unconstitutional, those rulings honored to have had the opportunity to assist had either been stayed or had not been expanded them as the officiant for their ceremony. beyond the single panhandle county where the Tom’s tale proves that all you need is love – and ruling was issued. the law; when you have both, that truly is all you Along came plaintiffs’ counsel, Tom Young, need. On behalf of the OCBA, Happy ValenEsq., representing, pro bono, two petitioner tine’s Day to the Toms and to all of our OCBA couples who sought an order from a court of family. jurisdiction over Orange County to provide the clerk with an order to issue these licenses. The Nicholas A. Shannin, Esq., Board Certified Appellate Attorney at Shannin Law Firm, P.A., practices appellate pleadings were drafted and a response from the and governmental law and serves as a Certified Circuit, clerk was promptly issued. This response did not Appellate, and Federal Mediator. He has been a memobject whatsoever to the relief requested by the ber of the OCBA since 1994. petitioners, but instead joined the petitioners in 1 Hamilton routinely provides to his online following “factoids” requesting the court to consider issuing its ruling regarding all (and I mean all) of the Beatles anthology. His notes with all deliberate speed, and further requesting from “All You Need is Love” appear on page 36 of The Briefs. that a ruling occur not only before January 6,

theBriefs February 2015  Vol. 83 No. 2

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theBriefs February 2015 Vol. 83 No. 2

OCBA LuncheonWednesday, February 25, 2015

P Paulette Brown, Esq.

Paulette Brown, Esq. President-Elect, American Bar Association 2014-2015

aulette Brown, Esq., a labor and employment law partner and chief diversity officer with the Morristown, New Jersey, office of Edwards Wildman Palmer, is president-elect of the American Bar Association. Ms. Brown has held a variety of leadership positions within the ABA. She has been a member of the ABA House of Delegates since 1997 and is a former member of the ABA Board of Governors and its executive committee as well as the Governance Commission. While serving on the Board of Governors, Brown chaired the Program, Planning, and Evaluation Committee. Ms. Brown has served on the Commission on Women in the Profession and was a co-author of “Visible Invisibility: Women of Color in Law Firms.” Brown also chaired the ABA Council on Racial and Ethnic Justice (now Coalition on Racial and Ethnic Justice) and is a past cochair of the Commission on Civic Education in our Nation’s Schools. She served on the Section of Legal Education’s Council on Legal Education and Admissions to the Bar and its executive committee. Brown joined the ABA Young Lawyers Division in 1976. She became active in the Section of Litigation in 1995, which has continued to be her section “home” ever since. She is a former member of The Fund for Justice and Education (FJE), FJE President’s Club, and a Life Fellow of the American Bar Foundation.

Ms. Brown has held many positions throughout her career, including as in-house counsel to a number of Fortune 500 companies and as a municipal court judge. In private practice, she has focused on all facets of labor and employment and commercial litigation. She has been recognized by the National Law Journal as one of “The 50 Most Influential Minority Lawyers in America” and by the New Jersey Law Journal as one of the “prominent women and minority attorneys in the State of New Jersey.” She has received the New Jersey Medal from the New Jersey State Bar Foundation and currently serves on its board of trustees. Ms. Brown has repeatedly been named as a New Jersey Super Lawyer and by US News as one of the Best Lawyers in America in the area of commercial litigation. In 2009, Brown was a recipient of the Spirit of Excellence Award from the ABA Commission on Racial and Ethnic Diversity in the Profession. In 2011, she was honored with the Margaret Brent Women Lawyers of Achievement Award by the ABA Commission on Women in the Profession. Ms. Brown earned her juris doctor at Seton Hall University School of Law and her bachelor of arts at Howard University.

The Ballroom at Church Street 11:30 a.m. - 1:00 p.m. 225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Paul C. Perkins Bar Association Please RSVP by Friday, February 20, 2015 RSVPs will not be accepted after February 20, 2015 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than February 20, 2015. To cancel, contact Marie West at mariew@ocbanet.org. The OCBA is happy to provide 8 luncheons as part of your member benefits, but no-shows incur additional charges for the bar and walk-ins cannot be guaranteed a seat.

Sponsored by TheLaw.TV

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ProfessionalismCommittee

T John Y. Benford, Esq.

The Professionalism Committee Helps To Build a Foundation of Professionalism for Law Students

he lack of professionalism among many young lawyers has been a concern for members of The Florida Bar, including local bar organizations such as the OCBA. In response, the OCBA Professionalism Committee, among its other goals, has endeavored to improve the level of professionalism of lawyers entering the legal profession. These efforts have taken such forms as seminars, publications, mentoring programs, and disciplinary measures in conjunction with the Florida Supreme Court’s establishment of circuitwide professionalism committees.1

Several years ago, the Professionalism Committee and faculties of Barry University School of Law and Florida A&M University College of Law began discussing the importance of implementing a strong foundation of professionalism during law school so students already have this framework when they begin the practice of law. We have recognized that many law students have serious misconceptions as to the manner in which lawyers communicate and interact, which often results from years of reading fictional accounts of lawyers, watching legal dramas on TV, and listening to lawyers grandstand in the media. Ironically, these law students could have learned much more about the professionalism of lawyers by spending a fraction of that time at the state and federal courthouses observing trials and hearings! Both the Professionalism Committee and faculties at Barry and FAMU recognize that law students should not only appreciate what it means to be an attorney, but how we work, interact with our colleagues and clients, and strive to uphold the rule of law. They should also understand that in order to preserve the honor and integrity in our profession, it is imperative that we treat other participants in the Third Branch of our government with respect, courtesy, and fairness. In furtherance of this goal, the Professionalism Committee has recently initiated a program at Barry and FAMU to improve young lawyers’ understanding of professionalism through a series of panel discussions on a range of topics. Representing various practice areas, panelists have included OCBA Professionalism Committee members as well as members of our local, state, and federal judiciary. The discussions are moderated by the law schools’ faculty, and topics deal with the theoretical aspects of professionalism as well as with how opportunities to practice with professionalism arise during the day-to-day practice of law.

Regarding theoretical topics, panelists have explored not only the rules, standards, and goals of professionalism, but their underlying rationale, such as the concept that we are obligated to promote “dignity in our practice and public confidence in the legal system” and that we must be “guided by personal conscience and the approbation of professional peers.”2 The panels have also discussed the consequences that result if such principles are not followed, including the fact that we compromise the integrity of our profession, the public loses confidence in our judicial system, and we, as a profession, provide a less efficient administration of justice. As to professionalism in the day-to-day practice of law, panelists have discussed various aspects of professional behavior toward opposing counsel, including the importance of courtesy, respect, and fairness in communications; cooperation, reasonableness, and deference when scheduling hearings, depositions, and other pre-trial matters; avoiding abusive, vexatious, or dilatory discovery practices; and stipulating to matters, legal and factual, not reasonably in dispute that may waste judicial resources and increase the cost of litigation. Panel discussions have also emphasized professionalism towards the judiciary, including interacting with the court, opposing counsel, parties, witnesses, courtroom deputies, clerks, court reporters, judicial assistants, and other court personnel in a courteous and respectful manner, recognizing that they are an integral part of the judicial system. In a similar vein, the panel discussions have covered the duties of candor and fairness towards the court and opposing counsel, including our obligation not to knowingly “misstate, misrepresent, or distort” any fact or legal authority to the court or opposing counsel in written or oral arguments, evidence, or otherwise. These discussions have included the relationships of The Rules Regulating the Florida Bar,3 section 57.105, Florida Statutes, and Section III of OCBA’s Standards of Professional Courtesy.4 The panels have also discussed the procedures and importance of courtroom decorum.5 Finally, panel discussions have devoted much time to exploring the practical aspects of practicing law (in particular, litigation) while simultaneously furthering an efficient administration of justice.6 This includes our duty not to use the

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theBriefs February 2015 Vol. 83 No. 2

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JudicialNews Judicial Retirements

December 10, 2014 • Orange County Courthouse Chief Judge Frederick J. Lauten Presiding The Honorable Deborah B. Ansbro began her judicial career as an Orange County judge in 2006. She has served on the county criminal and county civil divisions. Judge Ansbro earned a bachelor’s degree in history and later received her juris doctor from the University of Florida College of Law.

The Honorable C. Jeffery Arnold began his judicial career in 1994 as an Orange County judge. He has served on Orange County criminal, traffic, and civil divisions as well as circuit divisions in juvenile, criminal, and unified family court. Judge Arnold earned a bachelor’s degree from the College of William & Mary and a juris doctor from Florida State University.

The Honorable Donald E. Grincewicz took the bench as an Orange County judge in 1994. He was appointed to the circuit bench the following year. He has served on the domestic, juvenile, criminal, and civil divisions. Judge Grincewicz earned a political science degree from Wayne State University and received his juris doctor from Detroit College of Law.

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The Honorable Roger J. McDonald was elected to the circuit bench in September of 1996. He has served on the criminal and domestic divisions in both Orange and Osceola counties and also Orange County’s juvenile division. Judge McDonald majored in finance from Florida State University and received his juris doctor from the University of Florida College of Law.

www.orangecountybar.org

The Honorable Robert M. Evans was elected to the Orange County bench in September of 1994. He has served as a circuit judge since 1996 in the criminal, civil, domestic, and juvenile divisions. He has also served as an administrative judge for more than 7 years. Judge Evans majored in political science at Ball State University and received his juris doctor from Florida State University. The Honorable A. Thomas Mihok was appointed to the circuit bench in September of 1995. He has served on every division of circuit court, including probate, guardianship, and mental health. He has also served as an associate administrative judge for several divisions. Judge Mihok received a bachelor of science degree from the U.S. Naval Academy and graduated cum laude from Stetson University College of Law.

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Judicial RelationsCommittee

O

Report from the Orange County Bar Association’s Judicial Relations Committee

n November 19, 2014, the OCBA Judicial Relations Committee met at the Orange County Courthouse, 23rd Floor Conference Room. During the meeting, the administrative judge for each division of the court gave a division report. Chief Judge Frederick Lauten provided a lengthy report on the status of the court.

Richard S. Dellinger, Esq.

At the time of publication of this issue of The Briefs, many judicial moves that were undertaken in December have been implemented. At that time, four judges were to be moved from Osceola County to Orange County. The scheduled judicial assignments are as follows:

I. CIRCUIT JUDGE ASSIGNMENTS IN ORANGE COUNTY:

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Division 1 - Circuit Criminal:

Subdivision No.

Judge Keith A. Carsten

10-1 (Replacing Judge Julie O’Kane)

Judge Marc L. Lubet

11-1 (No change)

Judge Mark S. Blechman

12-1 (Replacing Judge Michael Murphy)

Judge Jenifer M. Davis

14-1 (No change)

Judge Christi L. Underwood

15-1 (No change)

Judge Greg A. Tynan

16-1 (No change)

Judge Tim Shea

17-1 (No change)

Inactive

18-1 (Trials)

Judge Robert J. Egan

19-1 (Replacing Judge Janet C. Thorpe)

Judge Renee A. Roche

20-1 (No change)

Judge Julie H. O’Kane

21-1

Judge Wayne C. Wooten

22-1 (No change)

Judge Heather L. Higbee

23-1 (VOP’s located at BRC) (Replacing Judge Gail Adams)

Judge Robert M. Evans

27-1 (VOP’s located at Orange County Courthouse) (Retiring/awaiting appointment)

Division 2 - Circuit Civil:

Subdivision No.

Judge Alice L. Blackwell

32-2 (Business Court) (No change)

Judge Keith F. White

33-2 (Replacing Judge Robert J. Egan)

Judge John E. Jordan

34-2 (Replacing Judge Donald Grincewicz)

Judge Donald A. Myers, Jr.

35-2 (No Change)

Judge Janet C. Thorpe

37-2 (Replacing Judge Patricia A. Doherty)

Judge John Marshall Kest

39-2 (No change)

Judge Margaret H. Schreiber

40-2 (No change)

Judge Lisa T. Munyon

43-2 (Business Court) (No change)

Division 3 – Family Court-Domestic Relations:

Subdivision No.

Judge Mike Murphy

29-3 (Replacing Judge Heather L. Higbee)

Judge Bob LeBlanc

31-3 (No change)

Judge Patricia A. Doherty

38-3 (Replacing Judge Sally D.M. Kest)

Judge Heather Pinder Rodriguez

42-3 (No change)

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Judicial RelationsCommittee continued from page 9

Division 3a – Family Court-Domestic Violence:

Subdivision No.

Judge Alan S. Apte

44-3 (No change)

Judge Sally D.M. Kest

45-3 (Replacing Judge Roger McDonald)

Judge Daniel E. Traver

46-3 (No change)

Division 4 – Family Court- Juvenile Delinquency and Dependency:

Subdivision No.

Judge Thomas W. Turner

03-4 (No change)

Judge Daniel P. Dawson

04-4 (No change)

Judge Reginald K. Whitehead

06-4 (No change)

Judge Alicia L. Latimore

07-4 (No change)

Judge Gail A. Adams

08-4 (Replacing Judge Jose R. Rodriguez)

Division 5 - Probate, Guardianships, Mental Health, Trusts, Civil Commitments under “Jimmy Ryce Act”:

Subdivision No.

Judge Jose R. Rodriguez

01-5 (Replacing Judge A. Thomas Mihok)

Division 11 – Chief Judge Division: (case assignments as designated by Chief Judge)

Subdivision No.

Judge Frederick J. Lauten

99-11 (No change)

II. CIRCUIT JUDGE ASSIGNMENTS IN OSCEOLA COUNTY: Division A - Circuit Criminal: (includes circuit criminal cases involving domestic violence)

Subdivision No.

Judge Jon B. Morgan

10-A (No change)

Judge Leticia Marques

11-A (Replacing Judge Mark S. Blechman)

Judge A. James Craner

12-A (Replacing Judge Keith K. White)

Division B - Circuit Civil (Probate, Guardianships and Mental Health):

Subdivision No.

Judge Scott Polodna

20-B (No change)

Division C – Family Court- Domestic Relations, Child Support Enforcement, Juvenile Delinquency, Domestic Violence Injunctions, and Repeat/ Sexual/Dating Violence/Stalking Injunctions to be on Rotating Basis Between Subdivisions 30-C, 40-C and 41-C:

Subdivision No.

Judge Elaine A. Barbour

30-C (Replacing Judge C. Jeffery Arnold)

Judge Diana M. Tennis

40-C (Replacing Judge C. Jeffery Arnold)

Division C – Dependency, DependencyRelated Dissolutions, and Uncontested Pro Se Dissolutions:

Subdivision No.

Judge Kimberly M. Shepard

41-C (Replacing Judge Keith A. Carsten)

Division E - Circuit Civil (Probate, Guardianships and Mental Health):

Subdivision No.

Judge Kevin B. Weiss

22-E (Replacing Judge John E. Jordan)

PAGE 10

www.orangecountybar.org

By administrative order, Chief Judge Lauten authorized and established a court-run special process server program. The previous process server program run by the Orange County sheriff was phased out by the sheriff because the deputies were concerned that private process servers were being mistaken as employees of the sheriff’s department. The new procedure adopted by the court allows for private process servers to be appointed without orders being entered in every case. If the process servers are not acting consistent with the court’s standards, however, the chief judge is prepared to suspend the administrative order in order to address the situation. For that reason, Judge Lauten asks that attorneys pay special attention to their process servers. Chief Judge Lauten signed an administrative order allowing for therapy dogs to be part of court proceedings. The dogs are used for therapy for witnesses, mostly for children who are victims. The chief judge congratulated Judge Alicia Latimore and Judge Thomas Turner, who are responsible for establishing the therapy dog program. Judge Robert Evans announced his retirement, effective January 11, 2015. Judge Heather Higbee will be handling the violation of probation division until Judge Evans is replaced. Judge Jay Cohen, Fifth District Court of Appeal, agreed to assist and serve in the violation of probation division. Chief Judge Lauten is working with the OCBA to develop a better method for attorneys to review the judiciary. He has met with the Central Florida Association of Criminal Defense Lawyers and other attorney groups to discuss how to improve the integrity of judicial polls so that the feedback and the polling instrument cannot easily be called into questioned. The concern with the current system is that campaign opponents may provide anonymous comments in order to better their position in the election. This could lead some individuals to question the methodology of the judicial polls and the motives of those who provided anonymous comments. Chief Judge Lauten will be working on this area over the next year. He noted that he was proud of the mature exchange that had been provided to date. Members of the Judicial Relations Committee mentioned that the Judicial Evaluation Committee of The Florida Bar is also studying polls and that the Orange County Bar Professionalism Panel is actively engaged in the topic. Chief Judge Lauten concluded by mentioning that he is impressed by the work of the Orange County Bar Professionalism Panel to date and hopes that this can help to resolve

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Division F - Civil Commitments under “Jimmy Ryce Act” Division:

Subdivision No.

Judge Frederick J. Lauten

21-F

III. COUNTY JUDGE ASSIGNMENTS IN ORANGE COUNTY: Division 6 - County Civil Division:

Subdivision No.

Judge Andrew L. Cameron

70-6 (No change)

Judge Tina L. Caraballo

71-6 (Replacing Judge Adam McGinnis)

Judge Steve Jewett

72-6 (Replacing Judge A. James Craner)

Judge Jeanette Dejuris Bigney

73-6 (Replacing Judge Faye L. Allen)

Division 7 - County Criminal Divisions: (misdemeanor & traffic cases)

Subdivision No.

Judge Faye L. Allen

61-7 (Replacing Judge Deborah B. Ansboro)

Judge Martha Adams

62-7 (No change)

Judge TBA

63-7 (Replacing Judge Steve Jewett)

Judge Tanya Davis Wilson

64-7 (No change)

Judge W. Michael Miller

80-7 (No change)

Judge Wilfredo Martinez

81-7 (No change)

Judge Deb S. Blechman

82-7 (No change)

Judge Maureen A. Bell

83-7 (No change)

Judge Nancy L. Clark

84-7 (Replacing Judge Jeanette Dejuras Bigney)

Judge Adam McGinnis

85-7 (Replacing Judge Kenneth A. Barlow, Jr. )

Division 8 – County Specialized Divisions:

Subdivision No.

Judge Wayne J. Shoemaker (Trials & misdemeanors involving domestic relations issues)

50-8 (Replacing Judge Nancy Clark)

Judge Jerry L. Brewer

51-8 (located at BRC) (No change)

Judge Brian F. Duckworth

52-8 (located at BRC)

Judge Carolyn B. Freeman (Trials)

53-8 (No change)

Division 9 - West Orange County Division:

Subdivision No.

As Assigned

90-9

Division 10 - Northwest Orange County Division:

Subdivision No.

As Assigned

91-10 and 92-10 (Filed in Winter Park)

professionalism issues that are not intended to be subject to the grievance process. Finally, Judge Lauten mentioned that a water break had flooded four courtrooms and two judicial chambers. As a result, the court had to temporarily move some courtrooms. Courtroom 14A has been put into use, and although it is not an ideal setting to hold court, it does contain the bare essentials. Judge Lisa Munyon, reporting on circuit civil, Judge Julie O’Kane, reporting on circuit criminal, and Judge Bob LeBlanc, reporting on domestic relations spoke about the judges moving into their respective divisions. The Judicial Relations Committee provides a valuable place for members of the bench and bar to interact and share information that is mutually important. The Judicial Relations Committee chair is Camy B. Schwam-Wilcox, Esq. of Camy B. Schwam-Wilcox, P.A.; vicechair is Gisela Laurent, Esq., The Laurent Law Firm; treasurer is Richard S. Dellinger, Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A.; and the secretary is Jessica M. Hallgren, Esq., of Weiss, Grunor, Barclay, & Barnett. Richard S. Dellinger, Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., has been a member of the OCBA since 2000.

Attorneys!

If you have not submitted your Legal Aid Society preference form, please download the form from the LAS website at www. legalaidocba.org, or contact Cathy Tucker, Deputy Director/ Pro Bono Coordinator, at (407) 841-8310, ext. 3133.

Maria E. Espinosa, Esq. MEDIATION SERVICES Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009

407-733-3662 espiesq@aol.com

Bilingual English/Spanish

theBriefs February 2015 Vol. 83 No. 2

www.orangecountybar.org

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Intellectual PropertyCommittee

W David P. Hathaway, Esq.

Five Tips for Clients Who Are Considering a New Trademark

hether your client is launching a new product, service, or business, any successful new venture generally will gain value through the recognition of its name, logo, slogan, or other identifying feature, like color, sound, or special look or packaging. Any of these can serve as a trademark. If your client expects its customers to associate these distinctive features with the quality of its product, service, or business, it is important to file for a trademark registration. Registrations also increase the value of an intellectual property portfolio for a merger or acquisition. Here are some tips a client may want to know when considering a trademark. 1. Be unique. Choose something not connected with the product or service. Trademarks range on a scale of distinctiveness, from strongest to weakest, as: fanciful terms that are not words in the dictionary (“Exxon”); arbitrary terms that are words but have no connection to the product or service (“Apple” for computers); suggestive terms that give some impression about the goods and services (“Microsoft” for software); descriptive terms that speak to a quality of the goods or services and therefore are not distinctive or registrable until people start to connect the name to the company (“Windows” for windowing software); and generic terms which cannot be protected because everyone is free to use them (“soda” for soft drinks). Stay at or near the top of this list and avoid geographic terms and surnames, because they are generally free for the world to use as well. Marketing professionals often like to use terms that describe or suggest favorable attributes because they might create a positive association with the products or services. However, as a general rule, the more you describe the goods, the less distinctive the mark becomes, and the level of distinctiveness is important not only regarding the ability to obtain a registration, but also in trademark infringement claims. Whether your client claims another party is infringing its mark or vice versa, having a more distinctive mark will give the client more confidence in sending, or responding to, a cease and desist letter. 2. Search thoroughly. It is not enough to surf the internet and check the availability of the domain name. Trademark infringe-

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ment is about potential public confusion, not necessarily duplicate words. For instance, “Shark Tire Co.” with a logo of a huge dorsal fin might infringe “Dorsal Fin Wheels, LLC.” The client will need to order a comprehensive trademark search whereby a professional researcher checks your client’s proposed mark against similar names and/or designs registered federally and in all 50 states, as well as those appearing in trade publications, on websites, in business directories, and in domain names. Researchers are adept at searching for variations of a mark that might never occur to the average person, and they may look at top-level domains that your client did not search (e.g., “.co” and “.biz”). Just checking a database of corporate names or trademarks on sunbiz.org or uspto.gov is not enough, because anyone using a name might have common law rights without registering a mark. Trademark rights develop through use of a term in association with a particular product or service, even if the mark is not registered. Therefore, if you register a trademark without knowledge that a potential competitor has been using a similar term elsewhere, your client could receive a cease and desist letter the same day as a registration issues, thereby wasting the money spent on obtaining the registration and also possibly requiring the client to re-brand the business. With that said, if the goods and services are totally different, two businesses can have the same name, like Delta Airlines and Delta faucets. A proper search is critical to the trademark process. 3. Consider alternatives. After the search, if a trademark lawyer feels the mark can likely be protected, the client should apply for registration. However, if there is a lot of uncertainty and the client insists on using some variation of the mark, the client is going to have to make changes to try and create a distinctly different commercial impression, which might include a significant graphic element. Some clients like to simply rearrange the wording, change the spelling, or add a prefix or suffix. Changes like that might not avoid a refusal to register the mark or overcome a likeliness of confusion determination by a court. The Trademark

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Manual of Examining Procedure even states that transposing terms while keeping the same connotation will not overcome a refusal by the government to register a mark because of a likelihood of confusion with another registration. In fact, the Patent and Trademark Office applies “pseudo-marks” in its search, which show the literal equivalent of a pictorial representation of wording in a design mark, or spellings that are similar or phonetically equivalent to wording in a word mark (e.g., “GR8 Burgers” will include “Great Burgers” in determining whether there is a likelihood of confusion). In litigation, courts generally determine likelihood of confusion by measuring a number of factors, such as the strength of the mark, the proximity of the goods or services offered by the parties, the similarity of the marks, the marketing channels used, the type of goods or services, and the degree of care likely to be exercised by purchasers of the product or service, the junior user’s intent in selecting the mark, the likelihood of expansion of the product lines, and, most importantly, evidence of actual confusion. Obviously your client should try to avoid litigation, yet it is amazing how many people are stuck on a single descriptive or flattering term or phrase when the possibilities are endless. You can go in a whole new direction and have great results – just look at the name “Google”! 4. Apply immediately. Provided your client legitimately intends to use the new mark and the mark will affect interstate commerce, the client should file now. Even if a business is located only within the state, if it sells or markets to people from other states and countries, it can apply for a federal registration. Of course, in the U.S., superior trademark rights come from actual use of a mark, not necessarily registration. Our country is a “first to use,” not “first to file,” jurisdiction. Therefore, if a client applies for a registration but was not the first to use the mark in connection with certain goods and services, the prior user has the superior right. However, there is one exception to this rule. The Patent and Trademark Office allows “intent to use” applications in which the applicant expresses a true intent to use a mark in the near future. If the applicant later provides proof of actual use, the government will treat the filing date as the date of first use. The applicant would be required to demonstrate use within six months after the application is filed, but he or she can pay a small fee for extension periods up to a total of three years. The ability to use a filing date as a date of first use is a huge benefit, because if anyone starts using a similar mark for similar goods and services between your date of filing and the date of registration, which may be a couple of years, your client will have superior rights even though he or she began using the mark later. Of course, if another party can show actual use even prior to your client’s date of filing, then that other party may have the strongest claim, but a thorough search prior to applying should greatly reduce the chance of that happening. There are horror stories about marks that cannot be registered because another recently-opened business hundreds of miles away applied first. In these cases, clients who are prior users of a mark but did not apply for a registration have to initiate costly cancellation procedures to cancel a competitor’s registration. The cancellation procedure is essentially inter partes litigation before the Patent and Trademark Office, complete with discovery and motion practice, which could have been avoided had the client filed first. The sooner you can apply, the better. theBriefs February 2015 Vol. 83 No. 2

5. Don’t back down. There can be hurdles to getting a trademark registration, but many can be overcome. If the government feels the mark is weak or sees a potential conflict, the client can argue to the contrary. If the government allows the mark but a competitor sends a cease and desist letter, the client can respond by explaining why the mark does not infringe. If necessary, clients can enter into contracts to allow both parties to use their marks in different ways or in distinct territories, known as “co-existence agreements.” And, of course, if someone is infringing your client’s mark, the client should enforce its rights every time. There are a number of benefits of a federal registration, including use of the “circle-R” registration symbol and constructive notice to the public of the registrant’s claim of ownership, which avoids any claim of innocent later adoption by others nationwide. The client will have a rebuttable presumption of ownership in the mark and exclusive right to use the mark nationwide in connection with the goods and services listed in the registration. The client will be in a strong position to block registration of confusingly similar marks, will appear in future applicants’ search reports to inform and deter them from registration, and will be eligible for “incontestable” status after five years of an unopposed registration. The client will be able to bring an action in federal court under the Lanham Act and use the U.S. registration as a basis to obtain registrations in foreign countries. If your client fails to police the mark, and protect it, however, all those rights can be lost. For example, if a trademark starts to become the common term for the goods or services in the English language, it would no longer denote the source of the product or service, and ultimately become generic. “Aspirin” and “Escalator” were brand names before they became generic, and “Kleenex” and “Frisbee” are trademarks often used to identify facial tissues and flying discs, respectively. Google has to be sure the newspapers do not use the term “Google” as a verb for any type of web searching, as it devalues the mark and may cause it to become generic. Of course, even if your clients are small businesses that may not expand to these levels, every business has a brand, and it is entirely possible that your clients may well send or receive a cease and desist letter during the course of transacting business. If your clients have properly protected their trademark rights, they should be in a solid position whether sending or receiving the letter. In sum, carefully choosing a trademark and brand strategy as early as possible in your clients’ business endeavor will have exponential benefits later. As Benjamin Franklin is quoted as saying, “An ounce of prevention is worth a pound of cure.” David P. Hathaway, Esq., a shareholder at Dean Mead, is chair of the firm’s Litigation Department and leads the Trust and Estate Litigation Practice Group. He represents corporations and business people to resolve difficult disputes of almost any kind in both state and federal courts. He has been a member of the OCBA since 2002.

Popovich Law Firm, P.A. Nikie Popovich, Attorney at Law Call: 407.965.2800 Email: nikie@popovichlawfirm.com CRIMINAL & CIVIL APPEALS

www.orangecountybar.org

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Clerk’sCorner Expanded Electronic Access to Court Records on the Horizon

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

am delighted to serve as your Orange County Clerk of Courts at such an exciting time of change and progress. As an attorney, it is a privilege to work closely with the Orange County Bar Association, which has a long history of partnering with the Clerk’s Office to ensure that changes affecting the legal community are communicated early and properly vetted and tested. The partnership is more important than ever as we continue expanding electronic access to court records. We anticipate that in a short while, we can grant you electronic access to documents not only in cases to which you are a party, but in other cases, as well. As you know, currently you can only electronically access those cases that have your Florida Bar number attached. We have heard many of you express how much more efficiently you will be able to serve your clients once this access is opened up. Enhancing our customers’ experience is always our goal. We expect our application for expanded access to be approved in time to begin the pilot in the second quarter of this year, after the appropriate testing. We will again turn to members of the OCBA to help us in this process, as you did when we rolled out electronic filing in civil, criminal, and other divisions over the past few years.

During the pilot, select user groups, including attorneys, will have access. The public will likely have expanded electronic access in the third quarter of the year. We submitted our application to the Access Governance Board, a subcommittee of the Florida Courts Technology Commission, several months ago and are confident of approval once they review it. My office will be sending out many electronic access updates as the application and approval process progresses. That information will be shared on the Clerk’s website, social media platforms, emails, and of course, in upcoming issues of The Briefs. Thank you in advance for helping make this important transition a successful one. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

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

+ Contract Disputes

Circuit-Civil Mediator

+ Construction

FL Supreme Court Qualified Arbitrator

+ Commercial | Business

National Academy of Distinguished Neutrals

+ Architects | Engineers Professional Liability

Railey Harding

+

Allen | PA

15 North Eola Drive | Orlando FL 32801 | 407.648.9119

schedule via: kschaffner@raileyharding.com or raileyharding.com/mediation PAGE 14

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theBriefs February 2015 Vol. 83 No. 2

Board of GovernorsReport

Year-end Report from The Florida Bar Board of Governors

T

Mary Ann Morgan, Esq.

Paul L. SanGiovanni, Esq.

Wayne L. Helsby, Esq.

he Florida Bar Board of Governors met on December 12, 2014. The major actions of the board and reports received included: Guidelines on using past results in indoor and outdoor display, radio, and television advertising were repealed. The action came after a federal judge issued an injunction against enforcing the guidelines, saying they violate the First Amendment (Case No. 14-CIV-20786-BLOOM/Valle), and a public opinion survey showed consumers are skeptical of and not misled by past results. Those ads, however, must still be objectively verifiable and make no material omissions. These actions do not change the latest version of the advertising rules that were adopted by the Supreme Court in January 2013. In addition, president Greg Coleman, Esq., asked the Board Review Committee on Professional Ethics to study advertising review and appeal procedures. Legislative positions to support keeping the Supreme Court in charge of regulating the legal profession and advocating for adequate funding for the court system were reauthorized. Additional bar legislative positions were slated to be considered at the board’s January 2015 meeting. The new Practice Resource Institute (PRI), a free online service for Florida Bar members set to go live February 1, was previewed. The PRI will provide assistance in practice management, marketing, firm management and technology, and resources for setting up new practices. Another feature will be a live chat with an advisor, and there will be a directory of discounted member benefits for technology, practice management, and financial assistance. At the year-end meeting, president Coleman said the site was being beta tested and scheduled for introduction at the General Practice, Solo and Small Firm Section’s technology seminar for solo and small firms at the bar’s January winter meeting.

theBriefs February 2015 Vol. 83 No. 2

An amendment to the comment to Rule 4-5.8 was approved. The rule governs the duties of lawyer and law firms to contact clients when a lawyer leaves a law firm or a law firm breaks up. The amendment addresses how and which clients must be informed of changes in a firm and provides that such communications must be reasonable in timeliness and nature. The amendment will be submitted to the Florida Supreme Court for its approval. A Florida Bar News article contains additional information. A report by John M. Stewart, Esq., chair of the Vision 2016 Technology Committee, president Coleman, and president-elect Ray Abadin, Esq., highlighted the immediate challenges members of the legal profession face from the increased availability of legal services and legal forms by online providers. Recommendations from the committee was scheduled for presentation to the board in January to address these issues. The Vision 2016 Commission continues to complete its work in legal education, bar admissions, technology, and access to legal services. The following appointments were made: Eugene Pettis, Esq., to a six-year term on the Judicial Qualifications Commission; Mark A. Perry, Esq., reappointed to a three-year term on the Florida Rural Legal Services, Inc., Board of Directors; and Kerry Anne Schultz, Esq.; Mercedes G. Hale, Esq.; Thomas D. Wright, Esq.; Stephen B. Bull, Esq.; and G. Thomas Ball, Esq., to twoyear terms on the Florida Realtor-Attorney Joint Committee. Submitted by Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Paul L. SanGiovanni, Esq., Morgan & Morgan, and Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A. They have been members of the OCBA since 1987, 1987, and 1983, respectively.

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Farewell!

Brant Bittner with his sister, Yvette Moore, and mother, Dulcie Bittner.

Brant S. Bittner, former OCBA Executive Director, was toasted, but not roasted, at a retirement party held in his honor at the OCBA Center on October 17, 2014. Brant served as Executive Director from 2003 to 2014 under ten bar presidents and many of Orlando’s brightest and most dedicated attorneys. Executive directors Patience Burns of the Palm Beach County Bar and Matthew Ridgley of the Dade County Bar drove all the way from South Florida to be with Brant. He was highly regarded among bar leaders, both on the statewide and national level, having served on various National Association of Bar Executives and Florida Voluntary Bar committees. Brant was always energized by and enthusiastic about taking the lead in whatever he did, and the OCBA’s vigorous growth is due in large part to his leadership style and abilities. His mother, Dulcie Bittner, and sister, Yvette Moore, drove from Valdosta, Georgia, for a suprise visit. Brant was joined by his wife Linda (an OCBA attorney), other family members, OCBA and Legal Aid leaders and staff, and his own staff in a very fond – but bittersweet – farewell. Brant, you are missed! Thank you for 11 great years! Go Gators!

Patience Burns, Brant, and Matthew Ridgley

Gene Shipley, Esq., Brant, and Nick Shannin, Esq.

Kim Homer, Esq., Brant, and Nick Shannin, Esq. PAGE 16

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theBriefs February 2015 Vol. 83 No. 2

SpecialFeature

I Kimberly A. Homer, Esq.

In Her Own Words: Kimberly A. Homer, Esq., OCBA Executive Director

n May of 2010, with the ink not quite dry on my newly obtained Florida Bar license, and upon the urging of Mary Ann Etzler, Esq., I called Brant Bittner, the OCBA’s then-executive director, to discuss a job opening at the OCBA for a foreclosure mediation program. I interviewed with Brant, Woody Rodriguez, Esq., and Frank Bedell, Esq., for what was essentially a temporary position with the OCBA. I must confess that I had no idea what exactly that program would entail and how we could set it up under the specified time frame, but when I was called and offered the job, I accepted it on the spot. Why did I immediately say yes? For anyone who does not know, Florida is the fourth state in which I have practiced law, so I have been a member of numerous state and voluntary bar organizations. Having this perspective, I knew right away that the OCBA was different from anything I had seen in my many years of practice. I had never seen a voluntary bar organization with such an uncompromising commitment to providing pro bono service. I had never seen a bar organization that was so vibrant, active, and engaged with providing programs and services for its members and to the community. I recognized that this organization was something special and I wanted to be a part of it. The Foreclosure Mediation Program did launch successfully in July of 2010, and it continues to serve the community, the courts, and the parties to mediation today. My role over the years at the OCBA transitioned to include more and more involvement with all the OCBA programs. Under Brant’s leadership, and with the active involvement of the OCBA Executive Council and tireless efforts of the OCBA staff behind the scenes, I watched numerous programs transform from the idea incubator into successful programs. In October 2014, the OCBA staff and Executive Council bid a sad farewell to Brant, our hardworking and inspiring leader of 11 years upon his retirement. Brant’s strengths as a leader included his ability to motivate the OCBA staff to achieve things far beyond our own imaginations and his ability to light the path to the future with his legendary vision. I had the wonderful experience of learning from Brant during my years at the OCBA, and now I am charged with the enormous responsibility of carrying his dream forward.

theBriefs February 2015 Vol. 83 No. 2

When asked to comment about my vision of the OCBA, I started by thinking about how the legal world has changed during my years of practice: • Technology has changed the landscape of law, and it will continue to change at a warp pace. • Law schools are struggling to fill seats with qualified students and help graduates find work. • The practice of law continues to grow more and more competitive. • Lawyer advertising reflects this competition. • Media ads are increasingly aggressive and prolific. • The legal profession is truly in turmoil and chaos. But wait, there is a message of good news here! A wise lawyer, the late Woodrow Stewart, once told me (you will have to imagine these words spoken with his most gracious Georgia accent), “Kimberly, there is always room at the top.” As a young lawyer, I didn’t find that advice particularly inspirational, but my mentor’s words have stuck with me all of these years. There will always be a place for those who are the best – they do rise to the top. Only those lawyers who can adapt to the changing legal environment will survive and thrive. Our members need us now more than ever to help them traverse the ever-changing and challenging terrain of the legal world. They need us to help them navigate their way to the top of the heap and to stay at the top. I have also embraced Nick Shannin’s presidential theme of interconnectivity as part of my vision for the OCBA’s future. Helping our members connect to each other and making those connections meaningful is what we do and what we do best. The OCBA helps our members connect to the judiciary. We help our members connect with the community. It is what we offer that no one else can match or duplicate. It is absolutely imperative that we keep our focus on our Young Lawyers Section and the law schools. Getting young lawyers hooked on the benefits of bar membership and involvement early in their careers is crucial. On a similar note, the partnerships and bridges we build with the other local voluntary bars is incredibly important. The

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Legal Aid SocietyGAL Teaching Tips Getting Kids on Target: Special Developmental Therapies for Extra-Special Kids

I Ericka S. Garcia, Esq.

f you have ever served as a Guardian ad Litem for a developmentally disabled (DD) child, then you understand just how essential securing specific medical services are for these medically needy children. Among the most beneficial services for our DD children are developmental therapies: speech, occupational, and physical therapies designed to help DD youth catch up with their peers. These therapies are crucial, especially when one considers that children with developmental delays are three times more likely to be abandoned, abused, or neglected than children without developmental disabilities. This is primarily attributable to nonverbal children being unable to report abuse and the additional strain placed on the family to meet the child’s heightened needs. Unfortunately, it is not uncommon for our DD children to lack developmental services upon entering the dependency system, but as Guardians ad Litem we are in a great position to secure the therapies that will help our kids thrive. What exactly are these therapies and how do they help? For children who struggle with the sounds used to form words or have trouble expressing themselves clearly, speech and language therapy can help strengthen both verbal and nonverbal communication skills. Not only does gaining the ability to communicate in a meaningful way allow dependent youth to report possible maltreatment, but it also leads to a more fulfilling life. Physical therapy treats movement impairments caused by injury, illness, or disability. For children with developmental delays, therapy can improve their ability to crawl, walk, climb, or jump. Occupational therapy, although similar to physical therapy, is different because it teaches specific skills that help children live as independently as possible. Skills such as dressing, eating, bathing, and relating to people make all the difference for dependent youth. They help children gain a sense of independence and better relate to their peers. If you are a GAL for a child you believe will benefit from a developmental therapy, there are specific steps you can take to secure these services for your child. Begin by ensuring that the child’s primary care physician (PCP) issues a prescription for the therapy. With this pending, verify that the dependency case manager submits a referral to a therapy provider that also accepts Medicaid. With the therapy referral and prescription in hand, the evaluator will

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then contact the family and conduct an intake to gather the information needed to properly evaluate the child. What should you look for once the evaluation is completed? Once completed, a medical report is generated and if the child is eligible for the therapy, a treatment plan is completed. The treatment plan, which must be signed by a doctor and approved by Medicaid, details not only how often the child will receive the therapy, but also what the child is expected to learn in the next six months. What if the child is denied therapies? Legal Aid can assist you with filing an appeal with Medicaid or we will file on your behalf, if you choose. Once the therapy is approved, a treatment schedule should be set as soon as possible. Caregivers may need to be reminded that these therapies should take place regularly to maximize effectiveness. In the event of an emergency, some sessions can be made up, but this is not advisable. How long will the child receive therapies? Treatment plans are approved for six months at a time. After that, the provider must re-evaluate the child and submit another treatment plan if the child will continue to receive therapy. As long as the child is making progress, therapy can continue. What if the child no longer needs therapies? This means the child has met his or her therapy goals and is on track with other children the same age. That is the best news of all! The sooner therapies begin, the sooner children may grow closer to being developmentally on track with their age group. Even if they are unable to catch up to their peers, any progress they make means greater independence in the future. Does therapy really work? Absolutely. As the GAL, you can provide your extra-special child with the gift of a fulfilling life… one step, one word, one movement at a time. For more information, please contact Ericka Garcia, Esq., egarcia@legalaidocba.org or 407-8418310 ext. 3176. For more information about how to become a financial donor, contact Donna Haynes, Manager of Development, at dhaynes@ legalaidocba.org or by calling 407-515-1850. Ericka S. Garcia, Esq., is the Developmental Disabilities attorney at the Legal Aid Society of the OCBA, Inc. She has been a member of the OCBA since 2013.

theBriefs February 2015 Vol. 83 No. 2

Legal Aid SocietyWhat We Do...

Breakfast of Champions 2014

T Donna Anne Haynes

he Legal Aid Society of the Orange County Bar Association is thrilled to announce that more than 615 lawyers and business affiliates filled the Ballroom at Church Street Station in downtown Orlando at 7:30 a.m. on Thursday, November 6, 2014, for the 7th Annual Breakfast of Champions. Legal Aid president William A. Davis, Jr., Esq., welcomed the crowd, and Mary Ann Morgan, Esq., led the Pledge of Allegiance. The Honorable Charles Wells shared the history of the Legal Aid Society, and the Honorable Emerson R. Thompson, Jr. gave remarks on the importance of being leaders within our community in the furtherance of justice for all citizens. A short video that explained the work of Legal Aid was shown. Client testimonials brought silence as each individual eloquently and passionately spoke about how his or her life was saved and changed. The Legal Aid Society benefited from their honest and brilliant speeches. Legal Aid client, Carla Baker, spoke through her tears about being beaten to the point that she became blind. Camila Pachon Silva, Esq. represented Carla in a Violence Against Women Act case. Tina Barnes, another client, explained to our guests that her bank account had been frozen for a debt incurred 14 years earlier by her now-deceased husband. Tina was not looking to dodge the debt, but simply wanted to know why her account was inaccessible. Jamos Mobley, Esq., helped identify the problem and negotiated a settlement. Tina paid the debt in full, while still being able to feed her family. Terri Ulrich, a Disney employee, shared her legal journey through the pro se system with help from Angel M. Bello-Billini, Esq., who taught a class on the topic. Terri stated that “Legal Aid had all the forms and instructions ready, including information on how to get a waiver of fees,” and wryly stated that Angel “reminded her of ‘Fast Eddie,’ a used car salesman from down the street.” In the class, “he showed us how to complete the forms, told us what the law required and why, and answered all the questions we had.” Terri told the audience that she had many questions, some of which she thought were dumb, but was reassured that asking questions is often the best way to learn. Terri noted humorously that she would buy a used car from Angel now. She declared that with-

theBriefs February 2015 Vol. 83 No. 2

out Legal Aid and Angel, she would have been stuck in a bad marriage. Her closing observations was that “without Legal Aid, I would not be who I am today. I have become stronger. They gave me a voice.” Our last client speaker was our youngest: Derricka White. She came to the stage and spoke about foster care, an incarcerated parent, parental abandonment, and abuse and neglect in and out of the foster care system. Derricka’s strong, simple statements had a huge impact on the audience. Her story will be showcased in a future issue of The Briefs. Suffice to say that Derricka’s experience and how she survived its devastating effects opened hearts, touched minds, and helped our organization raise some of the funds it needs to continue to help hundreds of clients each year. Chris Pantano of SunTrust and Mary Anne De Petrillo, Esq., executive director of the Legal Aid Society, closed the breakfast with a request for personal and corporate donations to help Legal Aid maintain the services it currently provides and to reach others who need and are unable to access legal services during these tight economic times. Future funding from the Interest on Trust Accounting (IOTA) is not encouraging. In light of that, Chris announced that SunTrust was making a $5,000 donation and challenged law firms and the business community at large to step up and support our nonprofit charity in a similar way. In addition to educating members of the business community about the importance of the services Legal Aid provides, the 7th Annual Breakfast of Champions raised $172,000. Spending a few hours together on a Thursday morning in November is a tangible example of taking a leadership role in ensuring justice for all. It makes me proud to be a member of the Orange County Bar Association and the Legal Aid Society. To those who supported our event as sponsors, served as table captains, or made – and continue to make – a contribution of any kind, “Thank you” seems insufficient, but we offer it with genuine gratitude. The 2015 Breakfast of Champions will be held on Thursday, November 5, 2015. Please contact Donna Haynes for information on sponsorships and table captain positions. Donna Haynes, Development Manager at the Legal Aid Society of the OCBA, Inc., has been an OCBA member since 2008.

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Legal Aid SocietyTeaching Tips

M Jamos “Jay” Mobley, Esq.

Protecting Family Wages from Garnishment

ost of us take for granted that we can easily access money in our bank accounts with debit cards or that we can write a check from our bank account whenever we need to. Imagine how it would feel if your bank account was frozen when you needed to pay for groceries to feed your family or pay your rent or mortgage. Just as frightening would be a notice from your employer or the courts that a portion of your paycheck was going to be withheld in order to pay a debt that you cannot afford to pay because your income is severely limited. As you can imagine, even a small reduction in a person’s weekly income can cause a spiraling financial crisis for that person and his or her family. Often times the loss of money means that the family will have to live without lights, water, and basic necessities, such as food. Sadly, this is what an exceptionally high percentage of people who live in Orange County are faced with every day because they live paycheck to paycheck. Fortunately, Florida law provides some protections for judgment debtors who are facing garnishment of their wages and/or bank accounts. For example, if a judgment debtor is providing more than one half of the support for a child or other dependent, then the judgment debtor is entitled to protect his or her wages from garnishment by claiming “head of family” status. Head of family status allows a judgment debtor to completely protect his or her wages if the debtor’s disposable earnings are $750 or less per week. If a debtor’s disposable wages are more than $750 per week, then the excess can also be protected from garnishment unless the debtor has signed a written agreement allowing for the garnishment of the excess income.1 For those unable to claim the head of family exemption, federal law protects $217.50 per week of a person’s disposable income.2 These are powerful tools in helping a judgment debtor maintain the ability to support and provide for the needs of his or her family. It is important when completing a Claim of Exemption and Request for Hearing to select any and all exemptions that may apply to your client. Exemptions are not automatic and are considered waived if a claim is not filed within twenty days of notice of a garnishment action. When arguing your client’s claims at hearing, keep in mind that exemption statutes should be liberally construed in favor of a debtor so that the debtor

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and his family do not become public charges.3 However, garnishments for child support, alimony, or by the federal government have their own rules, which are usually much harsher to the debtor. Most federal benefits such as Social Security and Veterans benefits are automatically protected, to some degree, by federal and state law. A bank must protect, or not freeze, an amount equal to the last two (2) monthly benefit deposits if the funds were direct deposited into the account being garnished. If the benefits are deposited by check, moved to another account after direct deposit, or if there are funds in excess of the last two months benefits, the judgment debtor may be able to protect the funds from garnishment by filing a claim of exemption and proving the source of the funds at a hearing. Judgment creditors can also have the sheriff seize personal property to be sold at auction to satisfy a judgment. The Florida Constitution allows for a $1,000 personal property exemption for all Florida residents. For judgment debtors who do not own a homestead property, there is an additional $4,000 personal property exemption. These two exemptions may be stacked to protect up to $5,000 in personal property for a judgment debtor without a Florida homestead property. There is also a $1,000 exemption for a judgment debtor’s automobile. The Legal Aid Society is hosting a free lunchtime training at the Marks Street Senior Center in Orlando on July 7, 2015 at noon called “Defense to Debt Collection,” which will include information on defending against garnishment. For more information, please contact Jay Mobley, Esq., at jmobley@legalaidocba.org or 407-841-8310. For more information about how to become a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or by calling 407-515-1850. Jamos “Jay” Mobley, Esq., is a staff attorney at the Legal Aid Society of the OCBA, Inc. He has been a member of the OCBA since 2012. § 222.11(1)(c), Fla. Stat. (2014). 15 U.S.C. § 1673 (2014). 3 Patten Package Co. v. Houser, 136 So. 353 (Fla. 1931). 1 2

theBriefs February 2015 Vol. 83 No. 2

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where the experts areTM

theBriefs February 2015 Vol. 83 No. 2

Orange County Bar Association Election Notice The names of nominees for the following offices are listed on the OCBA website.

OCBA Vice President /President-Elect OCBA Treasurer OCBA Secretary OCBA Executive Council Representatives Legal Aid Society Board of Trustees Young Lawyers Section At-Large Board Members Voting shall be by electronic ballot emailed to each Regular and Judicial Honorary Member of the Association on Monday, March 2, 2015. Members eligible to vote will receive, via email, a secure, non-identifying link to the electronic ballot. By February 10, 2015, members eligible to vote must have a current, working email address on file in the BUSINESS EMAIL ADDRESS line in their membership record. To update their record, members must go to the OCBA website (www.orangecountybar. org), login to their record, select “Edit your information,” and update the information. Eligible voters who do not have a working email address will receive a paper ballot. Voting will begin on Monday, March 2, 2015 and close on Tuesday, March 31, 2015. Electronic ballots must be cast no later than midnight March 31, 2015, and paper ballots must be received in the OCBA office no later than 5:00 p.m. March 31, 2015. This election is being conducted on behalf of the OCBA by Intelliscan, Inc., an independent election services provider. All voted ballots, whether cast electronically or via paper ballot, will be certified by the Secretary of the OCBA. If you have any questions, please contact the communications manager at 407-422-4551, ext. 227, or peggys@ocbanet.org.

www.orangecountybar.org

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Valerie Evans, Esq. Judge Alice Blackwell

Platinum - $2,500 Foley & Lardner, LLP The Galloway Foundation Holland & Knight, LLP Littler SunTrust Foundation Universal Orlando Resorts

Gold - $1,000 Accurate Serve Orlando – Kevin Fedotov Akerman LLP Anonymous Donor BMO Financial Group Brighthouse Carlton, Fields, Jordan & Burt, P.A. CFC Association of Legal Administrators Clerk of Court, Eddie Fernández Curtis Protective Services Dean Mead Dean, Ringers, Morgan and Lawton, P.A. Gerry F. Glynn, Esq. GrayRobinson Lowndes, Drosdick, Doster, Kantor & Reed, P.A. MJC Reporting, Pamela Hardy OCBA Paralegal Section OCBA Young Lawyers Section Timothy Terry, Esq. The Umansky Law Firm Natalie Wilcox Zimmerman, Kiser & Sutcliffe, P.A.

Silver - $500 ABA Retirement Funds Program Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A. Allen, Norton & Blue, P.A. Anonymous Baker & Hostetler, LLP Joan & Jere Batten Biohazard Response, Inc. Canon Solutions America Chatter Buzz Media, LLC Cole, Scott & Kissane, P.A.

Complete Developer, Chris Stettner Consulate Health Care William A. Davis, Jr., P.A. Fisher Rushmer Attorneys at Law GellerRagans Hispanic Bar Association, Central Florida N. Diane Holmes, P.A. Kimberly Hosley Agee, Esq. & John Agee In Focus Family Law Firm, P.L. King, Blackwell, Zehnder & Wermuth, P.A. Law Offices of Tad A. Yates, P.A. Legal Realtime Reporting, Inc. – T. Slocum Nick Grounds, Financial Advisor Realty Capital Commercial Real Estate Services Sharon Snyder SoFi Russ Wasendorf, Jr. D. Arthur Yergey, Esq. & Louise M. Yergey

Bronze - $250 Alliance Process Service Hon. Jeanette & David Bigney Blucher-Roy Family Tommy Boroughs, Esq. Business Appraisal Group, LLC – Doug Gaskins City National Bank de Beaubien, Knight, Simmons Mantzaris & Neal LLP Richard Dellinger, Esq. & Alisa Dellinger Elizabeth R. Dilts, P.A. Federal Bar Association Fishback Dominick Joel Garris, Esq. Lawrence S. Gendzier, P.A. Wayne Helsby, Esq. Meenakshi A. Hirani, P.A. Jennifer Hochberger The Johnston Law Firm, P.A. LDI Design/Graphics – Ray Carter Hon. Bob LeBlanc & Joanie Schuler LeBlanc Legal Talent, LLC – Wynne McFarlin, Esq. MPMG, LLP – Kirt Bocox Liz McCausland, P.A. Linda Mieczkowski – Realty Executives Central Florida Mikaela Nix Law Firm

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Amy Miller MyCase Practice Management Software – Stephanie Phelan Nelson Investment Planning Services Paul C. Perkins Bar Association Pro Serve USA1, Inc. Rumberger, Kirk & Caldwell, P.A. Paul SanGiovanni, Esq. Jill S. Schwartz & Associates, P.A. Shannin Law Firm Shutts & Bowen, LLP TJM Communications, Inc. Trax Title Agency, LLC Vectus Visual Conferencing – Gerald Tozin Fritz Wermuth, Esq.

David Torre, Esq. Judge Donald Myers

In Kind Donations Allegra Orlando Print, Design & Signs – Don Snyder Baker Press – Dave Thompson Betterspeakers.us – Les Mower Boehm & Boehm – Kitty & Flo Boehm BSB Creations – Brant & Linda Bethany Barber, Esq. Bittner, Esq. Sonja Hayes, Esq. CnC Luxury Transport – Cassie Comins City National Bank – Belinda Cooper Colonial Florist Complete Developer – Russ Wasendorf, Jr. & Chris Stettner Creative Signs, Inc. – Cheryl DiSalvatore Curtis Protection Services, Inc. – Captain John Campbell Higher Dreams Productions – Zanibel Melo InterNetwork IT, LLC – Adam Alexander Jason’s Deli Jim Alexander Bakery – Jim Alexander LDI Design/Graphics – Ray Carter Orange County Bar Association – The Briefs Magazine Retriever Payment Systems – Bobby Govanus TruManagement – Edna Trimbel The Presentational Group – Litigation Support – Chris Walker Territo – Ken Bassett Todd Smith Mary Kay, Inc. – Jan Deardorff Tom Wert, Esq. Meister Productions, LLC (DJ, Lightning & Décor) – David Meister Vail Living Agency – Cathy Hébert

www.orangecountybar.org

theBriefs February 2015 Vol. 83 No. 2

Judge Paul G. Byron Judge Thomas W. Turner Bill Davis, Jr., Esq.

7th Annual Breakfast of Champions November 6, 2014 Ballroom at Church Street Station

Judge John M. Kest Judge Belvin Perry, Jr. Judge Charlie Wells

Chief Judge Frederick Lauten Judge Faye Allen

Paul SanGiovanni, Esq., Mary Ann Morgan, Esq. Glenn Adams, Esq., Susan Khoury, Esq. Raymer Maguire III, Esq., Dan Honeywell, Esq.

Arti Hirani, Esq., Mike Bruscheen Bill Umansky, Esq.

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www.orangecountybar.org

Paul C. Perkins, Esq. David A. Paul, Esq. Jason A. Paul, Esq. Paul & Perkins, P.A., which has made a $5,000 contribution to the Legal Aid Society for each of the past five years, pledged another $5,000 each year for the coming five years, thus becoming the first $50,000 donor. Congratulations and many thanks to Paul C. Perkins, Jr. and his firm! This is the kind of response to the challenge Mary Anne and Chris talked about and hope to receive from others. The long-term pledge will allow Legal Aid to continue its programs and plan for the future. We hope other firms and businesses – large and small – will make a similar commitment.

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YLS Annual Christmas Party

de

PhotoOps

YLS Thanksgiving Basket Briga

YLS 2nd Annual Halloween Party

OCBA Family Night with the Orlando Magic November 14, 2014 Orlando Magic v. Milwaukee Bucks Sponsored by Pro Litigation Support PAGE 24                      www.orangecountybar.org

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YLS on the move

T

Chanel A. Mosley, Esq.

he YLS is off to a great start this year, and we are looking forward to keeping that momentum going thanks to so many of you who volunteer your time and efforts to this organization! Here’s a look at how we finished out last year and what you have to look forward to in the coming months: On October 30, 2014, the YLS hosted its second annual Halloween party at the Women’s Residential Counseling Center (WRCC) in Orlando. The event was a howling success, complete with candy, Halloween costumes for the children, and a mock trial of the Big Bad Wolf. The party was hosted for the children residing at the WRCC, a transitional housing facility for women and children. Congratulations to Jennifer Morando, Esq., Jamie Blucher, Esq., and their entire committee for throwing such a wonderful party! The November YLS luncheon took place on November 14, 2014 at the Citrus Club. Florida Bar counsel Keshara Davis, Esq., and Patti Savitz, Esq., gave an intriguing presentation on ethics and social networking. CLE credit was provided to those in attendance. A special thank you to our luncheon sponsors who made our luncheon available to YLS members at such a reduced rate: ProServe USA and LexisNexis. On November 18, 2014, the YLS held a charity happy hour to benefit the Thanksgiving Basket Brigade of Central Florida. The Basket Brigade provides laundry baskets filled with ingredients for a complete Thanksgiving meal to underprivileged families in the Central Florida area. The YLS raised more than $200 and donated 13 baskets full of Thanksgiving food items. On November 22, 2014, YLS volunteers met with other participants of the Basket Brigade to deliver 725 baskets to needy families. The happy hour was made possible thanks to the generosity of our sponsor, Professional Litigation Support. Congratulations to Jodi Ruberg, Esq., and her committee for coordinating this charitable endeavor, which helped to make the holidays a little brighter for many families in our community! On December 5, 2014, the annual YLS holiday party was held at Ceviche in downtown Orlando. YLS members and their guests enjoyed a festive party to celebrate all that was accomplished during the past year. Toys were collected at the door for the foster children at Community Based Care of Central Florida. In all, YLS was able to raise $939 in cash donations, $165 in gift cards, and many toys for the children. The party was a blast, and we would like to extend a very special thank you to US Legal Support for sponsoring the event. Additionally, thank you to Amy Rigdon, Esq., Michael Dear, Esq., and Ryan Scor-

theBriefs February 2015 Vol. 83 No. 2

dato, Esq., for their efforts in coordinating this

cheery holiday soiree. On December 17, 2014, the YLS hosted a holiday party for the children at WRCC. The festivities included holiday music, crafts, and cookie decorating. The children were extremely appreciative and enjoyed all of the holiday fun. Thank you to Brock Hankins, Esq., and all of the volunteers who made this event a success! Upcoming YLS events: The next Brown Bag Lunch with Judge John Kest will be held on February 12, 2015, at the Orange County Courthouse. The topic this month will be: Offering and Using Exhibits and Demonstrative Aids at Trial and Hearings. Although RSVPs are not required, they are appreciated. Please contact Diane Iacone at ctjadi1@ocnjcc.org and let her know that you’ll be attending so that she can prepare handouts and have water available. Feel free to bring your lunch!

Law Week is in full swing, and volunteers are still needed for a number of activities and events. Here’s what’s happening and who to contact: Wolf v. Pig mock trials for elementary school students (Andrew Roy, Esq., at aroy@whww. com; Jamie Blucher, Esq., at jblucher@zkslawfirm.com); Poster & Speech Contest judging (Lisa Marcum at lmarcum@mtwlegal.com; Phil Gordin at phil.gordin@gray-robinson.com); A Day in the Life of a Judge – a job shadowing program for youth (Tara Tedrow, Esq., at tara.tedrow@lowndes-law.com; Samantha Aylward, Esq., at slaylward@growerketcham.com); Pathways in Law for youth (John Starks at jstarks@hgvc. com; Esther Whitehead, Esq., at ewhiteheadlaw@ gmail.com); DUI Mock Trial for high school students (Patti Savitz, Esq., at psavitz@flabar.org; Keshara Davis, Esq., at kdavis@flabar.org; Jessica Travis at jessicatravispa@gmail.com); Naturalization Ceremony (Teresa Finer Esq., at teresa. finer@lowndes-law.com; Natalia Gove, Esq., at natalia.gove@lowndes-law.com); Law Day Luncheon (Lorraine Pitre, Esq., at lorrainen2000@ yahoo.com; Jennifer Finch, Esq., at jfinch@southerntrialcounsel.com); Law Day 5k Race (Nikki Rodeman at legalese1972@gmail.com). For additional details, contact co-chairs Tony Sos, Esq., at asos@dwklaw.com, or Nikki Rodeman. The February YLS luncheon will be held on February 20, 2015 at the Citrus Club, beginning at 12:00 p.m. and ending at 1:00 p.m. Casual attire, including jeans, is acceptable and jackets are not required. For a wonderful three-course meal, the cost is only $10. Lunch is offered at a reduced price, thanks to the wonderful help of our sponsors. Please be sure to RSVP to yls.ocba@ gmail.com if you are paying by check or

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My Orlando Lawyer Directory Increase your public presence! Increase your lawyer referrals! This free, online listing directory – developed exclusively for OCBA members – will include your name, photo, firm name, and contact information. To enhance your public profile, follow these 4 easy steps:

Launch date: February 2015 Take advantage of this newest member benefit. Complete your profile! Make it easy for members and the public to find you quickly!

1. Go to www.MyOrlandoLawyer.com 2. Login with your OCBA username and

password. 3. Complete information about your practice areas, the types of cases you handle, your location, years of practice, education, board certifications, and much more. 4. Simply hit “Save” and your information will be ready to be posted for online searches.

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

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SideBar

Y

our local voluntary bar associations have been doing great things! Read on to find out what’s happened and what’s happening, and get involved!

Sunny Lim Hillary, Esq.

GOAABA On December 3, 2014, the Greater Orlando Asian American Bar Association held its Annual Holiday Lunch at Thai House. This was a great opportunity for members and prospective members to get out of the office for lunch and socialize! GOAABA, together with the Young Lawyers Section of the Orange County Bar Association, the Hispanic Bar Association of Central Florida, and the Central Florida Association for Women Lawyers again joined forces to co-host the 6th Annual “Holidays All Year Long” Bar Mixer Fundraiser on Tuesday, January 27, 2015.

Attendees enjoyed unlimited wine, beer, and appetizers! With a silent auction and live entertainment, this was an event you did not want to miss. All event proceeds benefited Arnold Palmer Pediatric Oncology Wing, One Heart for Women & Children, The Holden Flynn Foundation, and United Cerebral Palsy of Central Florida. YLS agreed to match funds raised up to $1,500. Thank you Denise Kim Beamer, Esq., of GOAABA, who worked with committee members of YLS, HBACF, and CFAWL to help organize this event. Thank you to all who attended! On January 31, 2015, GOAABA co-sponsored the Annual Central Florida Mentoring Picnic at FAMU College of Law. The goal of the picnic is to familiarize law students with the many areas of the law. FAMU College of Law partnered with GOAABA and other local voluntary bar organizations, law firms, legal vendors, and community groups to give

students and young lawyers the opportunity to meet professionals and gain firsthand insight into their day-to-day practice, build lasting relationships, and most importantly, connect! For more information about GOAABA, or to join, please contact president Wanda Reas, Esq., at WReas@znoskoreas.com, or check out www.goaaba. org.

FBA On Wednesday, January 14, 2015, the Orlando

Chapter of the Federal Bar Association sponsored District Court Boot Camp at the

George C. Young United States Courthouse. Federal court can be an intimidating place to practice. Lawyers must be familiar with not only the Federal Rules of Civil or Criminal Procedure, but also the Local Rules of the Middle District of Florida, as well as any courtroom rules established by the district and magistrate judges. Lawyers must also be competent with respect to e-filing documents, and aware of courtroom technology in preparation of oral argument or trial. Those who attended joined federal judges and courthouse staff for a primer on district court practice, with CLE sessions ranging from “Practicing Under the Local Rules” to “Courtroom Technology: Don’t Overlook its Value to Your Case.” Remember, SideBar is for you! Please send me announcements about upcoming or past events, seminars, awards, or other news of interest at sunny@ hillarylaw.com. We welcome photos, too! Be sure to ID photos with the name of the event and people in the pic! Sunny Lim Hillary, Esq., Hillary, P.A., has been a member of the OCBA since 2005.

cash, or you can buy your ticket and RSVP electronically at http://orangecountybar.org/ylsproducts. A late charge of $5 will be added for all RSVPs not received by the deadline. Please note that the

YLS on the move... continued from page 25

YLS is charged for all RSVPs, so be sure you notify us if you have made an RSVP but are unable to make it. We hope to see you at the luncheon! The annual YLS Evening with the Judiciary will be held on March 4, 2015 at the Orlando Science Center. The RSVP deadline is February 25, 2015, and payment is required to confirm your reservation. Be sure to read the announcement in this issue of The Briefs (page 4) for all the details, and register through the OCBA Store.

Election time! Be sure to cast your vote next month for OCBA officers and Executive Council, YLS board members, and LAS trustees! Voting will be by electronic ballot again this year, so look for that special email on March 2, 2015. Voting will be held from March 2-31, 2015. If you have not updated your email address with the OCBA, please do so by February 10, 2015. Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www.facebook. com/OCBAYoungLawyersSection and follow us on Instagram at @OCBAYLS. Chanel A. Mosley, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, P.C., has been a member of the OCBA since 2010.

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Hearsay...

I

Christine A. Wasula, Esq.

n honor of February being American Heart Month, I would like to take a brief moment to honor my three dogs, who have been instrumental in helping me to maintain a healthy heart. Studies have shown that owning a pet, particularly a dog, can help lower your risk of heart disease. There are a variety of reasons that influence the relationship associated with owning a pet. It may be that people with dogs tend to exercise more, which makes them healthier. It may be that pets play a role in providing social support to their owners, which is an important factor when helping to stick with a new habit or adopting a new healthy behavior. It may be that owning a pet reduces stress levels, which can ultimately prolong your life. Whatever the reason, if you haven’t already done so, I highly recommend that you go out and adopt a pet (cat, dog, ferret, squirrel, whatever!) who will love you unconditionally and will never tell you that your hours are too low at the end of the month. Another “heart-healthy” activity is helping others in need. A wise man once said: “There is no better exercise for the heart than reaching down and lifting people up.” So I would like to start this month’s column by recognizing several members who are regularly engaging in this type of hearthealthy activity. First up is Justin B. Aronson, Esq., an associate at Greenberg Traurig, P.A., who was appointed to the board of directors for the Assistance Fund. The Assistance Fund is an Orlando-based nonprofit organization that provides a continuum of services and programs to children and adults with chronic and life-threatening diseases, including access to advanced therapies, education, and financial aid. The agency concentrates its funding on medications for specific diseases and conditions, such as multiple sclerosis, cystic fibrosis, and Parkinson’s disease, but it works continuously to add more disease states to its funded programs. The organization also pays health insurance premiums for people who have multiple sclerosis or hereditary angioedema, provides assistance with genetic testing, and helps patients access the health care system. Vanessa J. Skinner, Esq., an attorney at Winderweedle, Haines, Ward & Woodman, P.A.,

was named to the advisory council of the Neighbors Network. Neighbors Network is a non-profit member organization for adults (55 years and up) in Winter Park, Maitland, and nearby neighborhoods who seek support in order to live at home as long as possible. Through volunteers, screened service providers, community supporters, and partners, Neighbors Network enables older adults to continue living and thriving in their homes and communities.

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Meredith E. Level, Esq., a partner at Lowndes, Drosdick, Doster, Kantor & Reed, P.A., was awarded the national Junior

Achievement Bronze Leadership Award, which honors volunteer excellence. The award was presented in recognition of Meredith’s participation and leadership in supporting and expanding Junior Achievement of Central Florida’s student impact, increasing resources and/or operational excellence, and sustainability. Meredith has taught JA classes in Central Florida for more than 15 years. She has also served on the JACF board of directors since 2002, is a member of the JACF executive committee, and has previously served on the JACF Hall of Fame Committee and the JACF Audit Committee. She currently chairs the JACF Finance Park Virtual Committee. BakerHostetler Orlando was recognized by

the Orlando Business Journal for its outstanding pro bono work in 2013, which included donating 1,283 hours in pro bono work and working on a total of 33 pro bono cases. When asked which pro bono case in his career was the most rewarding to him, partner John Foster, Esq., described his representation of a woman who was attempting to handle her divorce action on a pro se basis: “The woman and her husband had a young daughter. The husband hailed from a foreign country and had failed to comply with requirements necessary to stay in the United States. He refused to tell the wife his address, meaning when he exercised timesharing with their daughter, the wife did not know the whereabouts of her child. I was able to get the issuance of a final judgment that dissolved the marriage, awarded sole parental responsibility and timesharing to the wife until the husband provided an address, and awarded the wife child support.” Let’s make it our goal to engage in this type of heart-healthy activity all year long. And now to the serious side of things, the following OCBA members have been recognized for their outstanding professional accomplishments: Scott Kirk, Esq., a partner with Rumberger, Kirk & Caldwell, P.A., received the Defense

Trial Lawyer of the Year award from the American Board of Trial Advocates Central Florida Chapter. Nicolette Vilmos, Esq., a partner at Broad and Cassel, received a Women of Achievement

Award from the Women’s Executive Council of Orlando. Two attorneys from Lowndes, Drosdick, Doster, Kantor & Reed P.A. – Miranda Fitzgerald, Esq., and Jacqueline Bozzuto, Esq. – were recognized as experts in their areas of practice by the 2014 Guide to the World’s Lead

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ing Women in Business Law. Miranda was one of 57 women listed as experts in environment law in the U.S., and Jacqueline was one out of the two women recognized as experts in real estate. In addition, three associates at Lowndes are also in the news this month for their accomplishments: Laura Walda, Esq., a senior associate, was named a board member of Commercial Real Estate Women. Not to be outdone, Timothy C. Haughee, Esq., also a senior associate, was appointed to the Downtown Orlando Partnership board of directors. Finally, Tara L. Tedrow, Esq., an associate in the real estate department, was appointed to the board of directors for the BETA Center, a non-profit that helps teen moms and atrisk families increase healthy family functioning and prevent child abuse and neglect. Thomas P. Wert, Esq., the partner-in-charge at the Orlando office of Roetzel & Andress (that sounds important, doesn’t it?) was named as a member of the board of the Associated Builders & Contractors, Inc. Central Florida chapter. ABC is an advocate and resource for free enterprise, open competition, and merit shop construction sites, which defends the rights of companies to operate as merit employers. Jeff Jonasen, Esq., a shareholder at Gunster, Yoakley & Stewart, PC, was selected as a member of the Metro Orlando Economic Development Commission’s board of directors for the 2014-2015 fiscal year. Robert L. Harding, Esq., a shareholder at Railey Harding & Allen, P.A., was appointed to the board of directors for the Bergstrom Center for Real Estate Studies at the University of Florida. The Bergstrom Center supports the UF real estate courses and degree programs housed within the Warrington College of Business Administration. And last but not least, Alexandre Mestdagh, Esq., a partner at Mestdagh & Wall, P.A., was named as a member of the board of the Central Florida Real Estate Council. He will assist in offering educational resources aimed to increase awareness for the many benefits to using an attorney when conducting a real estate transaction. Please keep in mind that the Hearsay column is essentially free publicity for your professional accomplishments and a great opportunity to see your name in print. So please keep sending me your stories, and I will publish them next month! Chris Wasula, Esq., has been of counsel at the Law Offices of Tad Yates, P.A. since 2013.

7th Annual Mock Trial!

Hosted by the Orlando Shakespeare Theater in Partnership with UCF Starring OCBA president Nick Shannin, Esq. and Kim Ashby, Esq. As Plaintiff and Defense Counsel

February 24, 2015 Reception: 6:00 p.m. Mock Trial: 7:00 p.m.

John and Rita Lowndes Shakespeare Center 812 East Rollins Street, Orlando, FL 32803 Based on Shakespeare’s laugh out loud comedy, The Merry Wives of Windsor, the theater will be transformed into an interactive courtroom as Mistresses Ford and Page are put on the stand and charged with the false imprisonment of the opportunistic old bachelor, John Falstaff. Featured roles will be performed by OST professional cast members. Following the audience’s advisory verdict, a panel of five special guest judges will announce the final ruling.

Tickets: $ 25 – Regular; $15 – students Online: www.orlandoshakes.org, Call: 407-447-1700, ext. 1, or purchase at the theater box office in person. Don’t wait! Tickets went on sale on January 13!

Love is a smoke raised with the fume of sighs, Being purged, a fire sparkling in lovers’ eyes, Being vexed, a sea nourished with lovers’ tears. What is it else? A madness most discreet, A choking gall and a preserving sweet. -- William Shakespeare, Romeo and Juliet, Act 1, Scene 1

CLAYTON D. SIMMONS MEDIATOR - ARBITRATOR - SPECIAL MASTER (Federal and State Qualified)

Former Chief Judge of Florida's 18th Judicial Circuit First Certified as a Mediator in 1998 - Hundreds of Mediations Circuit Civil and Family Law Cases AV Rated Civil Trial Attorney Bryant Miller Olive, P.A. - Orlando, Florida 32801 - 407-398-7782 - csimmons@bmolaw.com theBriefs February 2015 Vol. 83 No. 2

www.orangecountybar.org

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Special

A Steve LaPha, MCSE

Windows Server 2003 End of Life Announced

s some of you may already know, Microsoft has announced that the official end of life for all versions of Windows Server 2003 will occur on July 14, 2015. Windows Server 2003 is an older 32-bit version of Microsoft’s server operating system. What that really means is that Microsoft is ending the extended support of that operating system. Just as they did with Windows XP last year, they are letting you know in advance that they will no longer support or release any new security patches or updates to this operating system. It is not surprising since this operating system is more than ten years old. Newer versions of the server operating system, such as 2008, 2008 R2, 2012, and 2012 R2 are all 64-bit versions, support more memory, and are not only better but have more built-in security features. Microsoft can no longer keep the old versions secure. It is time to let go. You may find that your third-party software support will no longer provide assistance on the 2003 server platform. If you are required to stay secure under some type of compliance, such as HIPAA, PCI DSS, or Sarbanes-Oxley, then you should make sure that your servers are upgraded before July 14. There are penalties for not keeping your data secure. Even Homeland Security’s Computer

Emergency Response Team (US-CERT) has issued a warning of the negative consequences of not upgrading 2003 servers by July of 2015. There are several different options for replacing your Windows 2003 servers. Some firms are moving to a virtual server environment. Some are looking into cloud-based servers. These are all viable options to bring your technology up to date. You may need some time to plan your migration from Server 2003 and transition to Server 2012. Be sure that you do not wait until July to make this move. Start planning early. Experts estimate that there may be as many as ten million Windows 2003 servers still in service. You should have a migration plan in place by early 2015. Contact your IT support provider for more information. Steve LaPha, Vice President Dytech Group, a thirtyplus year veteran of the computer industry, has been a network engineer with Dytech Group for sixteen years, coming from the government computer sales and service industry where he owned his own business for fifteen years. He supplied personal computers to NASA. At Dytech he progressed from service manager to general manager, and now to vice president of operations. Dytech’s primary business is to provide managed services to small- and medium-size businesses in Orlando and the Central Florida area under the DytechONE brand.

Law Week

Wolf v. Pig Mock Trial OCBA attorneys will take their advocacy skills and theatrical talent on the road again this month as the bar continues its series of Law Week activities with the mock trial, The Big Bad Wolf v. Curley the Pig, at local elementary schools. The trial is a civil matter that follows the story line of “The Three Little Pigs” and engages students in an interactive exploration of the justice system in terms they understand. With a cast of characters such as B.B. Wolf, Curly Pig, plaintiff and defense attorneys, and witnesses, students serve as jury members as they are introduced to concepts such as taking an oath, serving as a jury member, and rendering a verdict. As shown here, last year’s students from Carly Swartling’s second-grade class at Audubon Elementary School had a great time. Participating attorneys were Joanne Wilson, Esq.; Heather Dodge, Esq.; Nina Vaghaiwalla Rawal, Esq.; Melody Elam, Esq.; C. Andrew Roy, Esq.; and Keef Owens, Esq. Volunteers are needed for presentations this month. If you’re thinking of “skipping school” – don’t! Volunteer today by contacting Andrew Roy (aroy@whww.com) or Jamie Blucher (jblucher@zkslawfirm.com). PAGE 30                       www.orangecountybar.org

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★

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SpecialKimberly Homer, Esq. continued from page 17

Central Florida Association for Women Lawyers, the Hispanic Bar Association of Central Florida, the Paul C. Perkins Bar, the Greater Orlando Asian American Bar Association, and others are our partners, and we can work together to best serve all of our members. My vision is that the OCBA continues to serve as the resource center for the best and brightest stars of the Central Florida legal community. I have a passion for the work of the OCBA and especially our dedication to professionalism and providing access to legal services for the indigent. I look forward to serving the members of the OCBA as we work to build the future of the OCBA together. Kimberly A. Homer, Esq., Executive Director of the OCBA, received her undergraduate degree in business administration from Presbyterian College, Clinton, South Carolina, and her juris doctor from Cumberland School of Law, Birmingham, Alabama. She is licensed and has practiced in Alabama, Georgia, and Florida. She previously served as the Director of the OCBA’s Residential Mortgage Foreclosure Mediation Program and has been a member of the OCBA since 2010.

HONEYWELL MEDIATION & Other Alternative Dispute Resolution Services

Why is the timing of your mediation so important?

It is the imminence of decision-making about to be lost to a party and placed in the hands of strangers that empowers any mediation. If that loss of control is too remote at your mediation, its remoteness totally removes the power of the process. Visit my website: www.honeywellmediation.com to find who I am, my online schedule, my educational blog, and what I offer you and your client who may be seeking success without trial. My unique credentials and experience can be a useful and valuable added resource in finding resolution to your client’s dispute.

• Certified Circuit Civil Mediator • Certified Appellate Mediator • Certified Federal Court Mediator • Board Certified Civil Trial Lawyer Call Honeywell Mediation /Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 Statewide-National: 800-741-7000 Neutral, convenient conference facilities on Lee Road in Winter Park. Available anywhere in Central Florida without travel charge. DAN H. HONEYWELL

PAGE 32                        www.orangecountybar.org

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ProfessionalismCommittee continued from page 6

Core provides construction defect litigation support services for plaintiff and defense. We also assist in non-litigated projects.

Now in Florida! Approved to work with or on the panel of over 15 insurance carriers. Our goal is to deliver the best services, whatever your case needs, large or small.

Bill Walker, AIA, NCARB, CSI, ICRI East Coast Director, Architect 6200 Metrowest Blvd., Suite 206 Orlando, FL 32835 Email: bwalker@corecongroup.com Phone: 407.254.5041 Fax: 407.254.0899 Your “Go-To” Construction Defect Consulting Firm

court system for the primary purpose of harassing, embarrassing, causing needless duplication of effort, or causing an adversary to incur unnecessary expenses. Importantly, it also entails making a good faith effort to stipulate to any facts and legal authority not reasonably in dispute and in resolving issues without having to file a motion, without the necessity of a court hearing, and other efforts to narrow the issues that need to be litigated and reduce the amount of hearing time necessary to resolve a matter. The students also learn about cooperation and fairness in scheduling events, such as hearings, depositions, trial, and pretrial deadlines. Many aspects of professionalism are vague and undefined. Like law, professionalism is an imperfect system of rules.7 Yet, as lawyers, we must practice and think about professionalism on a daily basis, always striving to improve, and always trying to instill it in other members of our guild. The OCBA Professionalism Committee, through the law school panel discussions, is trying to help build these “foundations of professionalism” at the earliest possible stage in the development of young lawyers. John Y. Benford, Esq., Benford Law Firm, P.A., is a commercial litigation attorney. He has been a member of the OCBA since 1995. See Florida Supreme Court Administrative Order 13-688. See Administrative Order No. 2011-22, Preamble. 3 The duty of candor is set forth in Rule 4.3-3, Rules Regulating the Florida Bar, Chapter 4 of the Rules Regulating the Florida Bar, entitled “Rules of Professional Conduct.” 4 The OCBA’s Standards of Professional Courtesy have been incorporated into local rules of the Ninth Judicial Circuit pursuant to Administrative Order 2011-22. 5 OCBA’s Standards of Professional Courtesy, Section V. 6 OCBA’s Standards of Professional Courtesy, Section IV. 7 See Rizzardi, “Defining Professionalism: I Know It When I See It?”, Florida Bar Journal, Vol. 79, No. 7. 1 2

OCBA Major Seminar Feb. 19 – Advanced Legal Drafting:

Commercial Litigation

Estate & Gifting

|

|

Bankruptcy | Marital Dissolutions Expert Witness Testimony

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

www.stahlconsulting.com

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www.orangecountybar.org

How to Get the “Write” Result and Best Position Your Client to be the Appellee. Appellate Practice & Professionalism Committees Joint Major Seminar. 11:30 a.m.-5:00 p.m. OCBA Center. Speakers: Stacy Ford, Esq., Jamie Moses, Esq., Hon. Thomas Sculco, John Benford, Esq., Keshara Davis, Esq., Patti Savitz, Esq. CLE: 4.0 general (pending, including 1.0 ethics, pending) Cost: $35 for OCBA members; $50 for nonmembers. Register at the OCBA Store by February 12, 2015.

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OCBA Paralegal Section members and their friends enjoyed appetizers and beverages at Ceviche in downtown Orlando on December 9, 2014. It was a perfect way to kick off the holidays!

Teresa Thomas, Jennifer Finch, John Starks, Kari Reed

Front row, L to R: Saul Urena, Amber Legacher, Nicole Monaco, Nicole Blizzard, Morgan Hall, and Fatine Lamanour. Back row, L to R: Kent Durham and Lori Trammel.

Kevin Asanoff, Shannon Casey, Joshua Hager, Jessica Streeval

Kristin Williams, Keisha Clay, Bernice Lugo

April Orlando, Jeff Elkins, Esq., Lorraine Hernandez PAGE 34                        www.orangecountybar.org

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ParalegalPost

The Ethical Tightrope of the Court Reporter

I Emily Andersen Registered Merit Reporter

t’s the “Greatest Show on Earth.” If we imagine a trial as a slightly less colorful three-ring circus, the presiding judge would be the ringmaster, directing the jury’s attention to each of the rings as the attorneys present their cases. Quietly performing overhead along the tightrope, the court reporter crosses the circus tent, balancing a delicate stack of fragile plates in each hand, just as she balances the requests of the attorneys in the case. In the course of a trial, court reporters are often called upon to produce excerpts of testimony on an expedited basis. Counsel will approach the reporter and describe the portion of the record he or she would like transcribed and request delivery of the transcript by that evening or early the next morning. The reporter has a duty to then inform counsel that it will be disclosed to the other party that an excerpt has been ordered. If counsel still wants the excerpt prepared, the reporter will then notify opposing counsel and ask whether he or she would like a copy of that excerpt. The reporter will explain what is being prepared and inform counsel of the right to order a copy or perhaps request his or her own excerpt. This two-part process is what keeps the reporter’s ethical obligations balanced. It conforms to the National Court Reporters Association’s Public Advisory Opinion No. 22, promulgated by the Committee on Professional Ethics to preserve the impartiality of the reporter and to promote fairness in the proceeding. The complete discussion can be found at www.ncra.org (go to “About” “Advisory Opinions”). It is understandable that counsel may have the point of view that the requested excerpt may alert and highlight to the other party a weakness in counsel’s case or expose counsel’s own strategy, but the reporter must always remain impartial. Of course, counsel has the right to expect the same fairness if the roles were reversed. The foundation of the impartiality of the reporter is set forth in Rule No. 1 of the Code of Professional Ethics of the NCRA: “Be fair and impartial toward each participant in all aspects of reported proceedings, and always offer to provide comparable services to all parties in a proceeding.”

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Once something is put on paper, in a sense, it is equally available to all parties in the case. Even approaching the reporter during a recess in the case and requesting a read back of the proceedings triggers the reporter’s obligation to provide the same service to the other party. An appropriate suggestion to conceal trial strategy would be to order a larger excerpt of the entire examination of the witness, or even a rough draft of each day’s proceedings as the trial progresses. In the deposition setting, at the conclusion of the proceedings, the reporter will ask whether the noticing attorney wishes to have the deposition transcribed. If the answer is affirmative, the reporter quickly turns to the other attorney and inquires about ordering a copy. This perfunctory exchange is another important duty of the reporter. Similarly, when a transcript is requested at a later date, whether it is a transcript of a hearing, deposition, rough draft, or excerpt, the reporter will immediately contact the other attorney to notify him or her that the transcript is being prepared and ask whether he or she would like to order a copy. Court reporters are respectfully considered officers of the court, and while it may be tempting to invoke the Polish proverb, “Not my circus; not my monkeys,” instead they endeavor every day to successfully navigate that tightrope, working with the lion tamers, the jugglers, and the knife throwers – not to mention the clowns – to maintain their profession at the highest level. Emily W. Andersen, Registered Merit Reporter, is a Certified Realtime Reporter, Florida Professional Reporter at Orange Legal. She has been a member of the OCBA since 2013.

www.orangecountybar.org

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President’sMessage continued from page 3

BeatleFreak Factoids: 1. This song was first performed on June 25, 1967, during a television broadcast called Our World, which was the first live global television broadcast. The audience was approximately 400 million people, making it the largest television audience to that point in time. A number of countries were asked to contribute individual segments to the program, and The Beatles were asked to be the United Kingdom’s representative. The Beatles – and Lennon in particular – were quite honored and took the responsibility very seriously. 2. Contrary to popular belief, the broadcast wasn’t an entirely live performance of the song. Most of it was live, but they were performing against a prerecorded basic rhythm track containing some piano, drums, harpsichord, and backing vocals. 3. After the live performance – for the formal release of the song – Lennon rerecorded his solo vocals and Starr overdubbed a different drum part. A tambourine part in the original broadcast was also edited out of the version that was eventually released. 4. The song incorporates music from many other songs. The most obvious is the snippet of “La Marseillaise,” the

French national anthem, at the beginning of the song. But other songs that appear briefly include: “Chanson D’Amour,” by Wayne Shanklin; “Greensleeves;” Bach’s “Invention No. 8 in F Major;” “In the Mood;” and The Beatles’ own “Yesterday,” and “She Loves You.” The last two were ad libbed by McCartney during the live broadcast. 5. The people congregating around The Beatles during the performanceand joining in on the chorus during the song’s prolonged fade-out included Mick Jagger, Keith Richards, Marianne Faithfull, Keith Moon, Eric Clapton, Pattie Boyd Harrison (Harrison’s thenwife), Jane Asher (McCartney’s thengirlfriend), Graham Nash, and Hunter Davies (the only person to write an “authorized” biography of The Beatles). 6. The single was rush-released on July 7, 1967, and it became the reason that the summer of 1967 was known as the “Summer of Love.” 7. Musically, the song is deceptively complex. 8. The Our World broadcast was entirely in black and white. Any color footage of The Beatles’ performance is after-thefact colorized footage. 9. Starr still regards this song as one of his favorites.

New Members

Regular

Associate

Ana Klara H. ANDERSON

Joseph EGAN

Jeffrey APPLEANG

Mitzi L. MCPECK

Richard D. BABCOCK

Bertha A. ARROYO MORALES

Patrick A. BOBEK

Keith A. FARMER

Derek A. CARRILLO Lindsey M. COPELAND

Lizabeth M. KOSSOWSKI

Kwame G. GYIMAH

Law Student

Andrew C. HILL

Akua A. AMANING

Benjamin L. HOFFMAN

Elizabeth DOUGHERTY

Shayla M. JOHNSON

Paralegal Student

Sarah B. KELLEY

Jonathan M. NOGUERA

Jennifer B. LEVY Leah E. MacLAUGHLAN Elesa A. RECTANUS Ana B. ROBERTS Alejandro M. RODRIGUEZ

OCBA Young Lawyers Section President (elected, 2014-15) Ninth Circuit Florida Bar YLD Board of Governors Representative, Seat 2 (elected, 2013-2015) OCBA Young Lawyers Section Secretary (2013-14) OCBA Young Lawyers Section Board of Directors (elected, 2012-14) OCBA Young Lawyers Section Committee Chair (2007-14) Florida Bar YLD Affiliate Outreach Conference Vice-Chair, 2013-14 Florida Bar YLD Awards Vice-Chair, 2014-15 Practicing With Professionalism Committee Member, 2013-15 Karen has been practicing law in Orange County since 2005. She has been selected as a Florida Trend Legal Elite Up and Comer (2014) and Florida Super Lawyers Rising Star (2010-14). Karen currently owns her own law firm, after previosuly working at both a large, national firm and a small firm. Her experience as an attorney and her leadership with the OCBA and The Florida Bar Young Lawyers Division makes her uniquely qualified to represent all young lawyers in the Ninth Circuit. To learn more about Ms. Persis, please visit her firm’s website at www.karenpersis.com. PAGE 36                      www.orangecountybar.org

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OCBA & Voluntary Bars Joint Happy Hour

November 19, 2014 Ember Sponsored by: US Legal Support, Nater Law, LexisNexis, Prudential – Nick Grounds

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Rainmaking

F Michael Hammond, Esq.

Inspect What You Expect – Part 1

ortune 500 corporate executives, all kinds of managers, and most people with MBAs say it. Some enlightened attorneys say it too: “You have to inspect what you expect.” This mantra is worth repeating. If you don’t track certain key metrics, you really won’t be able to tell what’s working and what’s not when it comes to your client development efforts. Fine-tuning and improving your marketing efforts depends on taking measurements on a regular basis. In a series of articles starting with this one, we’ll delineate the eight key metrics that we recommend tracking. First, let’s focus on how to gather the marketing data. To obtain the eight key metrics, you’ll have to have someone in the office gathering and tracking your numbers. This is accomplished in one of several ways: a handmade chart placed on a clipboard, an Excel spreadsheet placed next to the telephone, or a report generated by your contact management software. Any basic spreadsheet format will work for this task and a basic example of one is included here. Filling out the spreadsheet is typically handled by the receptionist, who is charged with capturing much of the initial data concerning calls and appointments made by inquiring potential clients. If your office employs a marketing assistant, supervising this collection of marketing data would be one of his or her responsibilities. The spreadsheet is set up to capture a month’s worth of information and contains columns for totals, as in “Total # of Inquiry Calls,” “Total #

of New Clients,” and “Total # of Marketing Activities.” The rows capture the date, the potential client’s name, where the client originated (AD stands for advertising, RS stands for Referral Source, and CL for client – make sure to include names. Internet is included, too). The next column indicates whether or not the client is qualified – a determination that the attorney would make or set criteria for, unless it’s clear the caller is price-shopping. The spreadsheet then records whether or not the caller signed up for a consultation, followed by whether the potential client became a paying client. This sample spreadsheet is truncated because of space limitations; but make sure it’s long enough to handle all of your monthly inquiries. Keep in mind that this data must be collected consistently and reviewed on a regular basis. The attorney, the marketing assistant, and the partners should look at this form often during the month to ensure complete data collection and to track progress regularly. Once data from a number of consecutive months has been captured, the firm will have an invaluable record of its key indicators and a tool to help the firm decide how to adjust, improve, and fine-tune its marketing efforts for better results.

A year’s worth of this marketing data can tell you a lot: whether you are getting your money’s worth out of your advertising; whether your conversion rate from potential to paying clients is strong; what percentage of your prospective clients are unqualified; whether your website is pulling in potential clients; and what S a m p l e Tr a c k i n g Fo r m percentage of your referrals comes from past clients. We’ll discuss these Month: ________________________________ Total # of Inquiry Calls this month: _____________ indicators and the eight key marketing metrics in more depth in the next Total # of Marketing Activities: _____________ Total # of New Clients this month: _____________ articles in this series, so stay tuned. Consultation

Date

Potential Client Name

Source of Referral and Name of Referral Source

Qualified Client?

Meeting Set?

___AD ___RS ___CL ___Internet Name___________________ ___AD ___RS ___CL ___Internet Name___________________ ___AD ___RS ___CL ___Internet Name___________________ PAGE 38                    www.orangecountybar.org

Convert to Client? ___Yes ___ No ___Yes ___ No

Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888-644-0022.

___Yes ___ No

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Associate Anthony Fouladi, Esq. – Clayton & McCulloh, P.A. Keith J. Kanouse Jr., Esq. – Hayes Law, PL

Transitions Kenneth F. Murrah, Esq., founding partner of Murrah Doyle Wigle & Torre P.A., passed away at the age of 81 on December 5, 2014. A longtime resident of Winter Park and a leader in the legal community, Mr. Murrah was a champion, leader, and major contributor to the success of many well-known local organizations and institutions, including the Rachel D. Murrah Civic Center, named after his late wife; the Orlando Philharmonic Orchestra; Rollins’ Cornell Fine Arts Museum; First United Methodist Church of Winter Park; Planned Parenthood of Greater Orlando; and many others. He graduated from college and law school from Emory University. For 43 years he was the loving husband of Rachel, mother of his sons Ken and Bert (d. 1990); the partner of Ann Hicks since 2002; and a grandfather of Ken Jr.’s children: Jack, Kenny, and MacLain. If you wish to remember Mr. Murrah, you are invited to make a contribution to any of the above named organizations or your preferred nonprofit organization. Mr. Murrah was highly regarded by those who knew and worked with him, and the Orange County Bar Association extends its deepest condolences to Mr. Murrah’s family.

Events Feb. 7 – Third Annual Cars & Coffee Social. 10:00 a.m.-12:00 p.m. University Club, 150 E. Central Blvd., Orlando, FL 32801. Refreshments, Classic Rock DJ. The event is free, but registration is required at the OCBA Store. Feb. 11 – To Kill a Mockingbird. 7:30 p.m.-10:00 p.m. Orlando Shakespeare Theater (OST), 812 E. Rollins St., Orlando, FL 32803. Discount tickets for members of all voluntary bars. Purchase tickets at http://www. orlandoshakes.org. Use promo code: FINCH. Seats in A & B sections. Feb. 24 – 7th Annual OCBA/OST Mock Trial – The Merry Wives of Windsor. 6:00 p.m. reception; 7:00 p.m. mock trial. Orlando Shakespeare Theater, 812 E. Rollins St., Orlando, FL 32803. Starring Nick Shannin, Esq., and Kim Ashby, Esq. See OCBA web calendar for details. For tickets, go to: http://www.orlandoshakes.org.

Seminars

Feb. 18 – Financial Damages Primer. Intellectual Property and Labor & Employment Law Committees Joint Seminar. Speaker: Michael McGovern, CPA, CVA, MAFF, CFF, Senior Manager, MDD Forensic Accountants. CLE: 1.0 pending. Cost: Free for OCBA members; $15 for non-members. Lunch included for registrations received by February 16. Register at the OCBA Store by Feb. 16, 2015. Feb. 19 – Advanced Legal Drafting: How to Get the “Write” Decision. Appellate Practice & Professionalism Committees Joint Major Seminar. 11:30 a.m.-5:00 p.m. OCBA Center. Speakers: Stacy Ford, Esq., Jamie Moses, Esq., Hon. Thomas Sculco, John Benford, Esq., Keshara Davis, Esq., Patti Savitz, Esq. CLE: 4.0 general (pending, including 1.0 ethics, pending) Cost: $35 for OCBA members; $50 for non-members.; $25 for OCBA government, law student, and paralegal student members. Register at the OCBA Store by February 12. Feb. 20 – Get to Know Hon. Mike Murphy. Family Law Seminar. 12:00 p.m-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Cost: Free, but registration is required at the OCBA Store by February 18. Feb. 24 – GAL: Mental v. Behavior Health Treatment for Dependent Children. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Mar. 10 – Medicaid Advocacy: Welcome to Managed Care. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. Speaker: Edward Dimayuga, Esq., Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Mar. 10 – TBA. Intellectual Property Committee Seminar. 12:00 p.m.1:00 p.m. OCBA Center. For details, contact chair, Kevin W. Wimberly, Esq. (kwimberly@iplawfl.com), or co-chair, Cian O’Brien, Esq. (cobrien@ iplawfl.com). Mar. 12 – TBA. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m., Orange County Courthouse, 23rd Flr. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diana Iacone at ctjadi1@ ocnjcc.org or 407-836-0443. Mar. 12 – TBA. Social Security Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. For details, contact chair Richard Culbertson, Esq., (culbertsonlaw@msn.com), or co-chair, Paul J. Morgan, Esq. (pmorgan@ winterparklaw.com).

Feb. 10 – GAL 101. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL, 32803. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Mar. 13 – TBA. Criminal Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. For details, contact chair, Matthews R. Bark, Esq. (matthews.bark@gmail.com), or co-chair, Jessica Travis, Esq. (jessicatravispa@gmail.com).

Feb. 11 – Microsoft Excel Essentials. Technology Committee Live Webinar. 12:00 p.m.-1:00 p.m. CLE: 1.0. Cost: $25 for OCBA members; $35 for non-members. Register at the OCBA Store by February 10. Once you have purchased the webinar through the OCBA Store, you will need to go to the webinar site and enter your registration code. Allow time to do so.

Mar. 17 – Get to Know Chief Judge Frederick Lauten. Solo & Small Firm Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 pending. Cost: Free for OCBA members; $15 for non-members. Lunch included for registrations received by March 13. Register through the OCBA Store.

Feb. 12 – Offering and Using Exhibits and Demonstrative Aids at Trial and Hearings. Brown Bag Lunch with Judge John Kest. 12:00 p.m.1:15 p.m. Orange County Courthouse, 23rd Flr. Conference Rm. CLE: 1.5. Please feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org or 407-836-0443. Feb. 13 – TBA. Criminal Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. For details, contact chair, Matthews Bark, Esq. (matthews. bark@gmail.com), or co-chair, Jessica Travis, Esq. (jessicatravispa@ gmail.com). Feb. 17 – TBA. Solo & Small Firm Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. Speakers: Robyn Walensky, The Blaze Radio Network; and Brad Conway, Esq. CLE: 1.0 pending. Cost: Free for OCBA members; $15 for non-members. Register at the OCBA Store by February 13. For details, contact chair, Hector Hernandez, Esq. (hectorhernandezattorneyatlaw@gmail.com), or co-chair, Christine Lomas, Esq. (chris@lomaslawpa.com).

Mar. 18 – TBA. Technology Committee Seminar. 12:00 p.m.-1:00 p.m. OBA Center. Contact chair, Daniel Whitehouse, Esq. (dwhitehousoe@ whitehouse-cooper.com). Mar. 20 – Get to Know Hon. Patricia A. Doherty. Family Law Committee Brown Bag Lunch Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 pending. Cost: Free, but registration is required by March 18. Register through the OCBA Store. Mar. 24 – GAL: Effective Advocacy for LGBTQ Youth in Dependency. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32801. Contact Marilyn Carbo at mcarbo@ legalaidocba.org.

An no u n ce ments

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To Kill a Mockingbird February 11, 2015 7:30 p.m. Orlando Shakespeare Theater 812 E. Rollins St., Orlando, FL 32803

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

OFFICE SPACE/SALE/RENT/ LEASE Fully renovated 1650 sq. ft. building on

Edgewater Drive. 6 offices, break room and reception area. Call 407-247-8756 or david@ yergeylaw.com.

Free standing office building for lease,

walking distance to courthouse, totally renovated in September 2014, 2100 sq ft, $3500 per month, gross, contact Bill at The Bywater Company, 407-2067300, bill@bywater.com. Lake Eola View with two

executive offices; furnished or unfurnished, $1,690.69 monthly. 407-451-3150.

Downtown Office Building for Sale,

approximately 4,500 square feet, 12 offices, 2 conference rooms, fully leased to individual tenants. Move your firm in and have the tenants pay your mortgage and more. Great opportunity. Please email mjrebr@ aol.com.

OFFICE SPACE SHARED Winter Park law firm near Park Avenue has

parking and access to kitchen & conference rooms. Call 407647-5551. DOWNTOWN OSCEOLA BUILDING/ SPACE FOR LEASE: Office space from

150 sq. ft. to over 1,000 sq. ft. available in Osceola, just a half block from the Osceola Courthouse. Newly remodeled building with utilities, internet, and alarm included. Contact Nelson at 321-438-5694. OFFICE SPACE AVAILABLE FOR RENT. Close to

Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at 407-898-4848. PROFESSIONAL SERVICES Mediate in Downtown Winter Park. Certified

Circuit Court Mediator with 25 years of civil litigation experience in warranty, products liability, personal injury, and premises liability matters. Spacious office with plentiful parking. W. Scott Powell at 407647-5551.

2 window offices and work stations for sublet, with plentiful

All voluntary bar members are invited to attend the Orlando Shakespeare Theater’s production of To Kill a Mockingbird, based on the Pulitzer Prizewinning novel by Harper Lee, at discounted ticket prices. To order tickets, go to www.orlandoshakes.org Discount code: FINCH (A & B seating levels only)

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

PAGE 40

www.orangecountybar.org

theBriefs February 2015 Vol. 83 No. 2

VOTE !

The Florida Bar Young Lawyers Division Board of Governors SEAT 1

SEAT 2

KYLE A. DIAMANTAS

linkedin.com/in/kylediamantas

MICHELLE SWIREN ZALTSBERG linkedin.com/in/MichZaltsberg Twitter: @MichZaltsberg

Ballots are mailed or emailed on or before Monday, March 2, 2015 and must be received prior to midnight, Monday, March 23, 2015. Votes may be submitted online or by mail.

www.bakerdonelson.com THIS IS AN ADVERTISEMENT. Donald E. Christopher is managing shareholder of the Orlando office of Baker Donelson and is located at 200 South Orange Avenue, Suite 2900, Orlando, FL 32801. ©2015 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

theBriefs February 2015  Vol. 83 No. 2

www.orangecountybar.org

PAGE 41

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

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

Michael L. Smith, R.R.T., J.D. • Board Certified by The Florida Bar in Health Law • B.S. Nova Southeast University • J.D., Stetson University College of Law • Registered Respiratory Therapist • Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

• Medicare/Medicaid Audit Defense • Professional Licensing • Medical Malpractice Defense

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM

PAGE 42                        www.orangecountybar.org

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OCBA Calendar February

OCBA February Luncheon February 25, 2015 Paulette Brown, Esq., President-Elect American Bar Association

FEBRUARY - MARCH

Co-host: Paul C. Perkins Bar Association Sponsored by: TheLaw.TV RSVP by February 20, 2015 www.orangecountybar.org/products/luncheons

Law Week Committee 12:00 p.m. • OCBA Center

IP & Employment Law Seminar Financial Damages Primer 12:00 p.m. • OCBA Center

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

19

3

11

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

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

Appellate Practice & Professionalism Committees Joint Major Seminar Advanced Legal Drafting: How to Get the “Write” Decision 11:30 a.m. • OCBA Center

Third Annual Cars & Coffee Social 10:00 a.m. • University Club

20

Estate, Guardianship & Trust Committee 12:00 p.m. • OCBA Center

Family Law Committee Seminar Get to Know Hon. Mike Murphy 12:00 p.m. • OCBA Center

5 7 9 10

LAS Lunchtime Training GAL 101 12:00 p.m. • Marks St. Senior Center

11

Lawyers Literary Society 12:00 p.m. • OCBA Center Technology Committee Live Webinar Microsoft Excel Essentials 12:00 p.m. • Live Webinar

YLS Monthly Luncheon 11:30 a.m. • Citrus Club

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

12

Brown Bag Lunch with Judge John Kest Topic: TBA 12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm.

Social Security Committee Seminar Topic: TBA 12:00 p.m. • OCBA Center

13

Criminal Law Committee Seminar Topic: TBA 12:00 p.m. • OCBA Center

24

LAS Lunchtime Training GAL: Mental v. Behavioral Health Treatment for Dependent Children 12:00 p.m. • Marks St. Senior Center

17

Solo & Small Firm Committee Seminar Get to Know Chief Judge Real Property Committee Frederick J. Lauten 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center

Social Committee 11:45 a.m. • Contact Chair

7th Annual Mock Trial – OCBA & Orlando Shakespeare Theater “The Merry Wives of Windsor” 6:00 p.m. • Orlando Shakespeare Theater

18

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

25

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

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

OCBA Luncheon Paulette Brown, Esq. President-Elect, ABA 11:30 a.m. • Church Street Ballroom

Appellate Practice Committee 12:00 p.m. • OCBA Center

Voluntary Bars’ Theater Night To Kill a Mockingbird 7:30 p.m. • Orlando Shakespeare Theater

12

Brown Bag Lunch with Judge John Kest Offering and Using Exhibits and Demonstrative Aids at Trial and Hearings 12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm.

Social Security Committee 12:00 p.m. • OCBA Center Workers’ Compensation Committee 12:00 p.m. • OCBA Center

13

Criminal Law Committee Seminar Topic: TBA 12:00 p.m. • OCBA Center

17 18

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

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

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Technology Committee Seminar Topic: TBA 12:00 p.m. • OCBA Center

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

20

YLS Monthly Luncheon 11:45 a.m. • Citrus Club

27

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

Family Law Committee Seminar Get to Know Hon. Patricia A. Doherty 12:00 p.m. • OCBA Center

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

Presentation of OCBA Professionalism Awards 3:00 p.m. • Orange County Courthouse

Law Week Committee 12:00 p.m. • OCBA Center

24

3 6 9 10

Estate, Guardianship & Trust Committee 12:00 p.m. • OCBA Center

Real Property Committee 12:00 p.m. • OCBA Center

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

25

Appellate Practice Committee 12:00 p.m. • OCBA Center

LAS Lunchtime Training Medicaid Advocacy: Welcome to Managed Care 12:00 p.m. • Marks St. Senior Center Intellectual Property Committee Seminar Topic: TBA 12:00 p.m. • OCBA Center         www.orangecountybar.org

LAS Lunchtime Training GAL: Effective Advocacy for LGBTQ Youth in Dependency 12:00 p.m. • Marks St. Senior Center

Judicial Relations Committee 12:15 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm.

27

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

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