Issuu

Kristopher J. Kest, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

The Honorable David A. Baker James G. Glazebrook Memorial Bar Service Award

Inside this Issue: Presidentâ€™s Message Who is Your Accountability Partner? Jamie Billotte Moses, Esq. Professionalism Committee OCBA 2016 Professionalism Award Recipients February 2016 Vol. 84 No. 2

Emery H. Rosenbluth Jr., Esq. William Trickel, Jr. Professionalism Award

Business Law Committee First District Court of Appeal Interprets Floridaâ€™s Construction Lien Law Jason A. Perkins, Esq. Samantha H. Spencer, Esq. Paralegal Post The Rise of Limited Licensed Legal Technicians in the Legal Profession Paul A. Smith, FRP

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Bench Bar Conference 2016 • April 15, 2016 Loews Portofino Bay Hotel at Universal

Ahoy! Pack your bags and embark upon a CLE journey aboard the “U.S.S. OCBA,” departing from the Tuscan Ballroom at the Loews Portofino Bay Hotel in Orlando.* Ports of call include seminars in more than 60 break-out sessions of your choice, including topics in: Technology Family Law Business Law Intellectual Property

Estate / Probate Bankruptcy Civil / Personal Injury Criminal / Juvenile

Appellate Law Employment Law Workers' Compensation Inside the Courtroom

“Lunch with the Chiefs – A Candid Talk with Our Captains.” During a buffet lunch, hear what the chief judges of the Fifth, Seventh, Ninth, and Eighteenth judicial circuits, along with judges from the federal Middle District and Bankruptcy courts, have to say about the issues facing the courts today.

See OCBA website for schedule & speakers

Registration Government After February 1, 2016 At the door

OCBA Members Non-members $200 $200 $300 $325 $350 $375

Breakfast, Lunch, and Reception included To register, go to: www.orangecountybar.org/products/seminars Please choose your courses upon registration. Enjoy your Seven CLEs excursion by reserving a room at the Loews Portofino Bay Hotel at the special rate of $189 per night. Go to: http://uo.loewshotels. com/en/Portofino-Bay-Hotel/GroupPages/OCBABB Bring new or gently used luggage for children in foster care, stow it with the purser, and be eligible to win a weekend stay at the Portofino Bay Hotel and 2 tickets to Universal Studios.

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*This CLE program is not an actual cruise.

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Please RSVP by Friday, February 19, 2016 RSVPs will not be accepted after February 19, 2016 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

February 19, 2016

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

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PAGE 5

2016 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought

he OCBA invites you to submit your nomination today for a person or organization in our community outside the traditional legal profession who best demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens. The honoree will be awarded the Liberty Bell Award at a ceremony held during the OCBA Law Week Luncheon on April 28, 2016. As you make your nomination, please consider those whose work meets the following criteria: Promoted a better understanding of the rule of law; Encouraged a greater respect for law and the courts; Stimulated a sense of civic responsibility; and, Contributed to good government within the community. We are also pleased to announce two additional, inaugural awards for professionals who do not often

receive the recognition and gratitude they deserve. The recipients will be honored and the following awards presented at the April luncheon: The Liberty Shield Award will be given to a first responder in our community who meets the criteria listed above. The Liberty Apple Award will be given to a teacher in our community who meets the criteria listed above. Please submit a one- to two-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: February 29, 2016. Please mail or e-mail your nomination to Kim Homer, Executive Director, Orange County Bar Association, 880 N. Orange Ave., Orlando, FL 32801, or khomer@ ocbanet.org. For further information, contact Bart Vickers (bartley.Vickers@csklegal.com) or Randy Bock (randy@heatwolelaw.com).

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ProfessionalismCommittee continued from page 4

The Honorable David A. Baker

2016 James G. Glazebrook Memorial Bar Service Award (continued) and panelist at numerous bar and judicial seminars and workshops on various topics, including professionalism, intellectual property, federal practice and procedure (including multidistrict litigation), electronic discovery, and technology and the law. He taught as an adjunct instructor in legal ethics in the Legal Studies Department at the University of Central Florida. In nominating Judge Baker, Brian Gilchrist, Esq., says that Judge Baker “exemplifies the Glazebrook Award” and that he is “extremely dedicated” to professionalism both within and outside the courtroom. He notes that Judge Baker is “very committed” to increasing the level of professionalism, including civility, integrity, and respect for our judicial system. Brian writes that Judge Baker is diligent, well-prepared about the facts, laws, and issues of cases brought before him, and treats all parties with dignity and respect. Jill S. Schwartz, Esq., says that Judge Baker is a “model of judicial professionalism.” She writes that Judge Baker goes “above and beyond” in preparing for cases and is “very giving of his time to the bench and the bar.” Herbert L. Allen, Jr., Esq., last year’s Glazebrook Award recipient, notes that Judge Baker is dedicated to legal education. Judge Baker was a litigation partner with Foley & Lardner, Milwaukee, Wisconsin, and in the firm’s Orlando office. He received a bachelor of arts degree from the University of North Carolina, Chapel Hill, and his juris doctor from the University of Virginia School of Law.

theBriefs February 2016 Vol. 84 No. 2

Emery H. Rosenbluth Jr., Esq.

2016 William Trickel, Jr. Professionalism Award (continued) partners, young lawyers, and even law students.” In noting his colleague’s kindness and patience, Michael writes that Emery “does not take shortcuts, ethical or otherwise” and that his “consistent, ethical conduct in doing justice for our community stands as a model of professionalism for our bar association and a new generation of Florida lawyers.” C. David Brown, II, Esq., writes: “Emery is best of the best...” and “If everyone practiced like Emery, the world would be a better place.” Emery is committed to professional and community service. He has served terms as treasurer and president of the Legal Aid Society of the OCBA, Inc., on the board of Florida Legal Services, Inc., on various OCBA committees and on the Ninth Judicial Circuit Grievance Committee, among others. He helped to establish and later served as president of

the Volie A. Williams American Inn of Court and was active in the Seminole County Teen Court. Emery has been a member of the board of trustees of the Congregation of Reform Judaism. He also served as a member and chairman of the Seminole County Land Planning Agency. In the past year Emery, having served four years of active duty in the Army Judge Advocate General’s Corps, became a member of the original board of Mission United, a veterans support organization. Emery has been recognized by peers who have consistently selected him as among the top commercial litigation attorneys in Orlando, including recently being named by Best Lawyers in America® as the 2016 Orlando Bet-the-Company Litigation Lawyer of the Year. He earned a bachelor of science degree in economics from Lehigh University and his juris doctor from the University of Pennsylvania Law School.

Kristopher J. Kest, Esq.

2016 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award (continued)

civil, and professional manner, regardless of the circumstances.” Kristopher received his bachelor of arts degree from Tulane University in New Orleans and his juris doctor from Florida State University College of Law. Before attending law school, Kristopher was a patrol officer with the Fulton County (Georgia) Police Department. Kristopher is president of the Tulane Alumni Club of Orlando, recently chaired the WMFE 90.7 FM Community Advisory Board, and served on the board of the Winter Park Public Library. He is married and has two daughters.

www.orangecountybar.org

PAGE 7

Ninth Judicial CircuitNews New Administrative Judges Orange County Honorable Lisa T. Munyon, Circuit Civil Administrative Judge Honorable Donald A. Myers, Jr., Circuit Civil Associate Administrative Judge Honorable Julie H. O’Kane, Circuit Criminal Administrative Judge Honorable Renee A. Roche, Circuit Criminal Associate Administrative Judge Honorable Patricia A. Doherty, Circuit Family Administrative Judge Honorable Bob LeBlanc, Circuit Family Associate Administrative Judge Honorable Daniel P. Dawson, Circuit Juvenile Administrative Judge Honorable Jenifer M. Davis, Circuit Juvenile Associate Administrative Judge

Orange and Osceola County Honorable Reginald K. Whitehead, Unified Problem Solving Courts Honorable Donald A. Myers, Jr., Circuit Appellate Judge

Orange County Honorable Nancy L. Clark, Orange County Court Administrative Judge Honorable Carolyn B. Freeman, Orange County Court Associate Administrative Judge

Osceola County Honorable Jon B. Morgan, Osceola Circuit & County Court Administrative Judge Honorable Leticia Marques, Osceola Circuit & County Court Associate Administrative Judge Honorable Carol Engel Draper, Osceola County Court Associate Administrative Judge

Order Your Orange County Courthouse Access Card Today Need to renew an existing card? Download an application from our website, send it in, and we will use your existing photo. No need to come by – we’ll mail you your new card.

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

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theBriefs February 2016 Vol. 84 No. 2

Clerk’sCorner

Expanding Access to Clerk Services

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

t’s only February and already more exciting projects are coming to fruition to help make it more convenient for customers to access services with the Orange County Clerk of Court. Two of my biggest priorities have always been to make it easier for people to do business with my office and to provide better access to justice. First, if you have not been to the clerk’s office website at www.myorangeclerk.com, take a look soon. You will see a redesigned website that is more user-friendly and compatible with smart phones and tablets. We also launched the inaugural Legal Matters education forum in December and, judging by the attendance, the forum was a big success. Legal Matters, a housing legal education forum, will not be the last of its kind. In fact, it was the first in a series of public legal forums I initiated to make legal information easily accessible by the general public. Much like the recently launched Self Help Center, the Legal Matters series aims to provide legal assistance to members of the community who are attempting to navigate the judicial process. These forums are one of the best ways to give more people access to justice, because we are taking the information right to them. A special thanks to the Legal Aid Society, Judge Faye Allen, Judge Lisa Munyon, and the deputy clerks who

Request for Public Comment on Revisions to the Business Court Procedures

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were on hand to provide information. Look for another forum soon. Another milestone was just reached recently with a new clerk’s office branch location opening up on Sand Lake Road. For years, customers in south Orange County have been asking for a closer location, and we were able to co-locate there with the Orange County Tax Collector, who graciously offered us space at no cost at an existing office. Services at this location include any court-ordered payments and marriage licenses. And speaking of marriage licenses, on Valentine’s Day we are giving couples a chance to experience their special day in a memorable way outside of the courthouse in a single ceremony. With the help of numerous sponsors, I am hosting a Valentine’s Day group wedding ceremony on the romantic, sandy beach of Paradise Cove near Lake Buena Vista. This free ceremony is a way to reach out to the community and provide couples a Valentine’s Day wedding to remember. Thank you to all the partners, sponsors, judges, and deputy clerks who have helped with these projects as we collectively continue to improve the service we provide Orange County citizens. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

The Business Court Commission (“Commission”) of the Ninth Judicial Circuit is reviewing the Ninth Judicial Circuit Business Court Procedures (“BCP”). The Commission is seeking recommendations from the bar regarding recommendations for revisions to the BCP. The most current version of the BCP can be found at: http://www.ninthcircuit.org/sites/default/files/Business-CourtProcedures.pdf. Please provide any recommended revisions to the BCP to Richard S. Dellinger, Esq., via email at richard.dellinger@lowndes-law.com. You may also provide your input to any one of the following members of the Commission: Mayanne Downs, Esq., chair; Circuit Judge Alice J. Blackwell; Circuit Judge Lisa Munyon; Richard Lee Barrett, Esq.; Euri Cerrud, Esq.; Daniel Coultoff, Esq.; Richard S. Dellinger, Esq.; Vincent Falcone, Esq.; Suzanne Gilbert, Esq.; Todd Hoepker, Esq.; Atheseus Lockhart, Esq.; Michael Sasso, Esq.; Nicolette Vilmos, Esq.; and Carrie Ann Wozniak, Esq.

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Business LawCommittee

T Jason A. Perkins, Esq.

Samantha H. Spencer, Esq.

First District Court of Appeal Interprets Florida’s Construction Lien Law

he First District Court of Appeal recently issued an opinion in JAX Utilities Management, Inc. v. Hancock Bank, 164 So. 3d 1266 (Fla. 1st DCA 2015) that has significant implications on a bank’s liability with respect to construction loan disbursements. More specifically, the appellate decision interprets Florida Statute section 713.3471, which establishes that if a lender stops giving advances on a construction loan before all of the proceeds have been distributed, then it will not be liable to a contractor, provided the lender gives the contractor proper notice within five (5) business days of the lender’s decision. The statute also sets guidelines for liability in the event such notice is not given. Factual and Procedural Background Plummer Creek, LLC (hereinafter, “Plummer Creek”), as owner, and JAX Utilities Management, Inc. (hereinafter, “JAX”), as contractor, entered into a standard form agreement for the development of a community with 429 single family building lots (hereinafter, the “Project”). To fund the development, Plummer Creek, as borrower, entered into a loan agreement with Peoples First Community Bank (hereinafter, “Peoples First”), as lender. Pursuant to the loan agreement, Plummer Creek was required to make scheduled payments to Peoples First and submit payment requests. In exchange, Peoples First was required to make construction loan disbursements. The loan agreement sets forth the scenarios which constituted a default (e.g., Plummer Creek’s failure to make a scheduled payment, a material adverse change in Plummer Creek’s financial condition, etc.). Between 2006 and 2009, Plummer Creek performed its obligations under the loan agreement. In June of 2009, Plummer Creek informed Peoples First that it was no longer able to make payments on the loan. Subsequently, Peoples First notified Plummer Creek that it would cease making further advances. Then, on June 27, 2009, Plummer Creek missed an interest payment. On June 30, 2009, JAX submitted two payment applications to Plummer Creek totaling $480,603.08. Plummer Creek neither issued payment nor submitted the payment applications to Peoples First. In December 2009, pursuant to a Purchase and Assumption Agreement with the Federal Deposit Insurance Corporation as receiver of Peoples First,

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Hancock Bank assumed Peoples First’s assets and liabilities, including the note, mortgage, and loan documents relating to the Project. Subsequently, Hancock Bank initiated foreclosure proceedings and obtained a final judgment of foreclosure against the Project. On December 29, 2011, JAX brought an action against Plummer Creek and Hancock Bank asserting a breach of contract claim against Plummer Creek (Count I) and equitable lien and unjust enrichment claims against Hancock Bank (Counts II and III). The lower court granted Hancock Bank’s motion for summary judgment based upon its affirmative defenses that the statute of limitations barred JAX’s equitable lien claim and that Florida Statute section 713.3471 precluded both of JAX’s common law claims. Florida Statute § 95.11(5)(b) Rejecting JAX’s argument that the statute of limitations period started to run when Hancock Bank initiated foreclosure proceedings on the Project, the First District Court of Appeal explained that “section 95.11(5)(b) requires that a claim for equitable lien be brought within one year of the last furnishing of labor, services, or material for the improvement of real property.”1 Florida Statute § 713.3471 Rejecting JAX’s argument that the trial court misapplied Florida Statute section 713.3471 to preclude JAX’s common law claims of equitable lien and unjust enrichment, the First District Court of Appeal focused on the plain language of the statute and determined that after the enactment of Florida Statute section 713.3471, the common law remedies no longer remain. As a part of Florida’s Construction Lien Law, section 713.3471 was enacted in 1992 and is titled “Lender responsibilities with construction loans.” Section 713.3471(2) defines a lender’s responsibilities to a contractor for construction work where the lender decides to stop making advances prior to the distribution of all the construction loan funds. Subsection 2(a) sets forth the lender’s duties and provides for no liability if those duties are satisfied. Subsections 2(b) and 2(c) define a lender’s liability where it fails to provide the requisite notice. Prior to the enactment of section 713.3471, lenders were prohibited from misleading contractors about advances, but the common law did not impose an obligation to notify contractors

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of a decision to stop making advances.2 Section 713.3471(2) changed the common law “by imposing on lenders an affirmative duty to notify, thereby protecting contractors from continuing work on projects without notice that further funds will not be advanced.”3 This statute, the First District Court of Appeal explained, precludes common law claims because “the plain language of section 713.3471(2) evinces a legislative intent to displace the common law remedies and the statute is so repugnant to common law remedies that the two cannot exist.”4 The court explained, “[s]ection 713.3471(2) expressly immunizes lenders who provide

notice, prescribes the damages where notice is not provided, and states that the cause of action cannot become the basis for an equitable lien claim. Moreover, a common law claim would conflict with the statute. If a lender complies with the statute, it has no liability. If the lender fails to comply, a contractor may seek damages as prescribed by the statute.”5 Additionally, the court explained that the omission of a provision that preserves common law remedies “reinforces the conclusion that section 713.3471 displaces the common law remedies.”6 Jason A. Perkins, Esq., a shareholder, and Samantha H. Spencer, Esq., an associate,

practice banking and construction law in the Orlando office of Carlton Fields Jorden Burt, P.A. They have been members of the OCBA since 2005 and 2013, respectively. Hancock Bank, 164 So. 3d at 1269 (citing Roehner v. Atl. Coast Dev. Corp., 356 So. 2d 1296, 1297 (Fla. 4th DCA 1978)). 2 Id. at 1271 (citing Giffen Indus. of Jacksonville, Inc. v. Se. Assocs., Inc., 357 So. 2d 217 (Fla. 1st DCA 1978); J.G. Plumbing Serv., Inc. v. Coastal Mortg. Co., 329 So. 2d 393 (Fla. 2d DCA 1976)). 3 Id. (citing Whitehead v. Tyndall Fed. Credit Union, 46 So. 3d 1033, 1035-36 (Fla. 1st DCA 2010)). 4 Id. at 1272. 5 Id. 6 Id. (citations omitted). 1

Maria E. Espinosa, Esq. Mediation ServiceS

Invite your colleagues to join the OCBA today!

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Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!

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PAGE 11

Appellate PracticeCommittee

T Heather M. Kolinsky, Esq.

2016 Orange County Bar Association Bench Bar Conference: Appellate Practice on Track and Cruising the Seven CLEs

he OCBA Bench Bar Conference 2016 will set sail on April 15 at the Loews Portofino Bay Hotel at Universal, where local attorneys and judges will be Cruising the Seven CLEs. Nearly 100 speakers are slated to lecture and participate in 60 different sessions. In addition, five chief judges will speak at the lunch and learn session moderated by OCBA president Jamie Billotte Moses, Esq. Appellate practice is one of the substantive areas that will be featured at this year’s conference. Since the first bench bar conference was launched in 2009 with the help of then-bench bar chair, Meenakshi “Meena” A. Hirani, Esq., the conference has evolved into a biannual undertaking. It is now a full-day, off-site event complete with ten distinct substantive law tracks, a popular lunch and learn, and a focus on member engagement. The program helps connect lawyers and judges and offers a chance for education and dialogue in a collegial setting. If the success of the 2014 conference is any indication, more than 350 attorneys will participate in this year’s conference. The determination of what substantive tracks will be included in the conference is made by the bench bar committee. Subcommittees are then assigned to develop each track. A judicial advisor is appointed to each subcommittee to serve as a liaison between the bench and bar. The appellate subcommittee includes the Honorable Jay P. Cohen, Thomas W. Young, Esq., and Moses. Building on the success of the 2014 appellate offerings, the 2016 appellate track will expand panel participation to include judges from the Second and Fourth District Courts of Appeal in addition to judges from the Fifth District Court of Appeal. According to Young, the change is intended to offer a broader judicial perspective because many appellate lawyers based in Orange County also practice in those appellate districts. The appellate sessions will include instructive presentations as well as interactive panels on a range of appellate topics, allowing an open dialogue between the bench and the bar. The day-long appellate session begins with presentations on avoiding unpreserved error from Judge Cohen, the Honorable Wendy Berger, and practitioner Sylvia Walbolt, Esq. Unpreserved error continues to be the leading reason orders and judgments in criminal cases are affirmed on appellate review. This session will discuss the most

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commonly recurring unpreserved errors, how to avoid them, and counsel’s obligations when advising clients about the impact of unpreserved error on affirmance. Next up, a panel of judges and practitioners will discuss the hallmarks of a winning brief and address the implications of technology on both author and audience. In a session entitled “Judicial Philosophy 101,” panelists will explore how each appellate court handles appeals from motion practice to oral argument. The Honorable Dorian K. Damoorgian, the Honorable Samuel J. Salario, Jr., and the Honorable Kerry I. Evander will discuss how the courts approach decisions about granting oral argument, writing opinions, and the use of per curiam affirmance. In the afternoon, trial and appellate attorneys will have the opportunity to “ask almost anything” they wanted to know about the Second, Fourth, and Fifth District Courts of Appeal. Judges Damoorgian, Salario, and Evander will field these questions on behalf of their respective courts. Questions must be submitted in advance and will serve as the basis for the panel’s discussion. This promises to be an excellent opportunity for the practicing bar to ask the appellate bench about matters that impact their practice in these courts. If you wish to submit questions for the “ask almost anything” panel, email them to Amie Kozan, Esq., at amie@kozanlaw.com by Monday, April 11, 2016. The afternoon will also include a segment on how not to lose your case in oral argument. The Honorable F. Rand Wallis, the Honorable Brian D. Lambert, and the Honorable James A. Edwards will discuss best practices and pitfalls in appellate oral argument. The last session of the day will feature a panel discussion of professionalism and ethics in appellate practice entitled “Professionalism and Ethical Implications from an Appellate Court Perspective: When Do Lawyers Cross the Line?” The panel will consider the trial/appellate counsel relationship, the balance between client objectives and the lawyer’s interests, ineffective practices attorneys should abandon, what judges expect from lawyers facing unprofessional and unethical conduct by other attorneys, and what prompts judges to address inappropriate attorney conduct in written opinions. The panel’s discussion will focus on the relevant rules regulating The Florida Bar as well as

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The Florida Bar’s ideals and goals of professionalism that have recently been consolidated and updated as part of the professionalism standards that were adopted by the Florida Supreme Court in October 2015. This year’s bench bar conference appellate track promises to be both insightful and educational. Registration is underway now. To review the conference schedule and find out about the other topics and sessions, read bios of the presenters, and register for the conference, go to the OCBA website and click on the “Bench Bar Conference” ad on the homepage. Heather M. Kolinsky, Esq., HMK Law, P.A., has been a member of the OCBA since 2015.

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Legal Aid SocietyNews

K Donna A. Haynes

A Client’s Donation

arl Watson, a Legal Aid Society client, addressed more than 560 members of the legal community at the 2015 Breakfast of Champions. Karl reminded us how important is the work our volunteer attorneys and staff perform. He closed his remarks by announcing that he was making a personal donation to our nonprofit for helping him and, in doing so, he touched our hearts. Please read Karl’s moving story: Hello everyone. My name is Karl Watson. I am very nervous today. You see, public speaking isn’t my thing. But, I am very passionate about the Legal Aid Society. Be patient with me, as I tell my story. I am a resident of Orange County and have worked for the Parks and Recreation Department for 18 years now. I am a Vietnam Era veteran. Not knowing what I wanted to do in life, I enlisted in the Army at 18 and served two years. I arrived in the United States from Jamaica at 14 and ended up in New York City. New York is not for the faint of heart. It is a busy, bustling home of hip hop music. I was there, in the Bronx, when it started. South Bronx… Brooklyn… Joining the Army and returning to the streets was more than I could handle. I was severely depressed for many years. Maybe it was PTSD. I saw a lot of wounded soldiers working at the Walter Reed Medical Center. I lost my way. I got into things that I should not have gotten into. Not for the money; I had none. I just did not care if I lived or died. In 1976, I got shot. Twice. Not in the Army, but on the streets of New York. I looked fine, there was no outward bleeding – well, just internal bleeding with major injuries. They said I was going to die, or be a vegetable. That did not happen. I had a daughter and eventually a son. I moved with them to Florida and landed a job with the county. And, I cleared up my credit and slowly learned to love life again. Some people did not believe in me – a loser they called me – a bum, a no good son of a -----. Well, they were all wrong. I struggled, raised my children, and purchased a home. I am the proud owner of a 1,300 square-foot home. What does this mean to me? Hard work, prayers, perseverance, stubbornness, serenity prayers all rolled together, ending with a

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sense of belonging in this community. That’s what home ownership means to me. Like the mangos in my yard, the American Dream does not have to be big, just juicy and succulent to bring joy and peace. Thirteen hundred square feet of coziness and freedom is peace for me. It is called “____ West Robinson Street, Orlando, Florida 32805.” In 2013, I had surgery to save my life once again. And, once again, I beat the odds. But, I almost lost my home due to my medical obligations. The bank would not help. I paid a friend of mine $700 to help with a loan modification. Then, I heard about Legal Aid from a flyer that mentioned a housing/ homeless project. I was actually late to this presentation at my community center. But there they were, Larri Thatcher and Michael Resnick. They unpacked their wares and fit me in. No one else was there at the time. Mr. Resnick kept writing and calling me. He gave me assignments. And finally, through mediation and a grant that I qualified for, they saved my home. After negotiating with my lender, Legal Aid suggested that I save money for emergencies. Apparently, we all have those in life. A pamphlet they provided helped me get that $700 back that was wrongfully taken. Now, I have a 770 FICO rating! Now, I am on track and was even a month ahead at one point. Wow! They saved my home, all because of Michael Resnick and Larri Thatcher and all your staff at the Legal Aid Society. I love my mangos, and pineapples, and sugar cane, and my dog, Fluffy. Yes, a big guy like me has a dog named “Fluffy.” I owe it all to you. Because of financial donations from kind, amazing people like you, I am a true success story. Legal Aid staff are underpaid and overachievers, so to you Legal Aid folks, from the bottom of my heart, I thank you. From the bottom of my finances, I too will donate money. It isn’t much. Remember, because of Legal Aid, I now know what I want in life. And that is to live. To live in the City Beautiful in my small, but lovely home. Join me today in donating as much as you can to the Legal Aid Society of the Orcontinued page 30

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Legal Aid SocietyWhat We Do...

Our Champions

E Donna A. Haynes

very year, the official charity of the Orange County Bar Association holds its fundraiser, the Breakfast of Champions. This year was no different. We continue to lose funding from The Florida Bar Foundation. Yet we still need the funds. While some Orange County residents have, to some extent, recovered from the effects of the recession, an amazing 250,000 of our neighbors live in poverty and qualify for free, civil legal services. In 2014, the Breakfast of Champions received $134,000 in donations from 650 attendees. In 2015, the Breakfast of Champions received $213,000 in donations from 550 attendees. The 2015 Breakfast was hosted by Legal Aid Society board president, Richard Dellinger, Esq., and presenters included the Orlando Sentinel’s Scott Maxwell; Herb Allen, Esq.; Legal Aid clients Emma Fulmore and Karl Watson; and GAL attorney Coravious Cowart, Esq., who shared “Michael’s” story. The closing speaker, David Paul, Esq., asked for donations as he once again challenged attendees to join his firm in giving. Paul & Perkins, P.A., is our first $50,000 donor, committed to making a $5,000 donation each year for ten years. Our clients shared poignant stories. Often, their words express more eloquently than ours the impact Legal Aid has on lives. Here are the words of Emma Fulmore from the 8th Annual Breakfast of Champions: My name is Emma Fulmore. I have a story to tell. I grew up in Central Florida, living with my mother and five siblings. I don’t have a relationship with my father. He lives in Orlando – somewhere. I have not seen him since I was three. My mother was the one who I trusted to care for and protect me. That was not the case. When I was fifteen years old, my mother started treating me and my older siblings badly. At first it was mainly verbal, saying things like “I should have never had you kids and I should have gotten an abortion.” My mom was drinking more, and would scream at us while drunk. She stopped taking me to the doctor and dentist. Medical appointments are important for a healthy child and for me even more so. I had a heart murmur. It doesn’t take a rocket scientist to know

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that I needed medical checkups. My mother then became physically abusive. When I was fifteen she clawed at my shoulder during a fight. This was extremely painful and left marks on my shoulder. She also had me Baker Acted several times – to get me out of the house. Can you imagine? I was never depressed, or suicidal; she made those things up. At this point, she seemed to give up on me and my older siblings entirely. When she would get mad, she locked us out of the house. My mom would tell the police that I ran away; I didn’t. Frankly, it was my mom who forced me to leave. I had nowhere to go and was very afraid. I would depend on my friends to take me in. This was embarrassing and stressful. In March 2014, my mom left me home alone and did not return for several days. I didn’t know where she had gone; I had no food or money. Eventually the police came to the door and found me home alone. My mom came home and blamed me. She kicked me out again, and this time, refused to let me come home. DCF came and put me in a group home. I never saw my mother again. She has never called. She has never visited. That’s what alcohol abuse can do to you! Over a year and a half has passed. It was around this time that I first met my Guardian ad Litem, attorney Kate York. My attorney visited me at my group home and told me that she represented my best interest in court. I was not really sure of what that meant, but was glad to have someone to listen and care about me. I struggled at first in the group home. I was very quiet and nervous about being in a new place. The other girls were mean and tried to take advantage of me. One girl in particular, started a fight with me over a boy she thought I liked. She attacked me. I defended myself. When the police came, they ended up arresting me. Not her. I was angry and shocked. When I told Miss Kate what happened, she believed me right away. She attended my De-

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PhotoOps

CFLABOTA Judicial Luncheon On November 4, 2015, the Central Florida Chapter of the American Board of Trial Advocates held its annual judicial luncheon, honoring The Honorable Roy B. Dalton, Jr. as Jurist of the Year, and Council “Butch” Wooten, Jr., Esq., as Plaintiffs Trial Lawyer of the Year. David Paul, Esq., president of the chapter, presented the award to Judge Dalton, and Orman Kimbrough, Esq., presented the award to Butch Wooten.

The Honorable Roy B. Dalton, Jr. being presented the Jurist of the Year award by ABOTA Central Council “Butch” Wooten, Jr., Esq., being presented Florida Chapter vice president, David A. Paul, Esq. the ABOTA Central Florida Chapter’s Trial Lawyer of the Year award by Orman L. Kimbrough, Esq.

The Honorable Roy B. Dalton, Jr., U.S. District Court Judge, Jurist of the Year and Butch Wooten, Jr., Esq., Plaintiffs Trial Lawyer of the Year.

Public Guardian Recognition Award Attorney Edward Casoria, Jr., received Florida’s 2015 Public Guardian Recognition Award from the Florida State Guardianship Association at its annual convention this past fall. He was selected for this prestigious honor from among candidates nominated by all public guardian offices throughout the state. Edward is the attorney for Seniors First in both Orange and Seminole counties’ public guardian offices, and he has devoted countless pro bono hours to cases for Seniors First over the years. He has served on the Seniors First board of directors, including a stint as chairman from 1991-1993.

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theBriefs February 2016 Vol. 84 No. 2

Not an OCBA member yet? Join today!

Orange County Bar Association Election Notice

Your exclusive member benefits:

• Free My Orlando Lawyer Online Directory Listing • Free Luncheons • Free The Briefs Magazine • Free Committee & Section Memberships • Priority Room Booking • Discounts on Seminars & CLE • Discounts on Social Events • Discounts on Advertising • Discounts on Vendor Services

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 Members Legal Aid Society Board of Trustees Young Lawyers Section At-Large Board Members Voting shall be by electronic ballot emailed to each voting member of the Association on Tuesday, March 1, 2016. Members eligible to vote will receive, via email, a secure, non-identifying link to the electronic ballot. By February 10, 2016, 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 Tuesday, March 1, 2016 and close on Thursday, March 31, 2016. Electronic ballots must be cast no later than midnight March 31, 2016, and paper ballots must be received in the OCBA office no later than 5:00 p.m. March 31, 2016. 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.

Lake Baldwin Park 4963 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins Entry Fees: $25 - Feb. 1 – Feb. 29 $30 - Mar. 1 – Apr. 30 $35 - May 1 – race day Chip timing, custom shirts, kid’s run, entertainment, refreshments, finisher medals, and FUN! For details and to register, go to https://www. orangecountybar.org/lawday5k

SPONSORSHIPS AVAILABLE! Contact Amanda Nethero at amandan@ocbanet.org or Nikki Rodeman at ocbalawday5k@gmail.com

Proceeds benefit the Legal Aid Society of the OCBA, Inc. and the OCBA Foundation. theBriefs February 2016 Vol. 84 No. 2

www.orangecountybar.org

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Save the Date

12th Annual OCBA Texas Hold’’em Charity Poker Tournament 2016 Thursday, March 10, 2016 ♣ Ember 42 W. Central Blvd., Orlando, FL 32801

5:30 p.m.  Registration 6:00 p.m.  Tournament begins Registration Fees: OCBA Members Players  $20 per player in advance; $30 at the door Non-Players  $10 in advance; $20 at the door Non-OCBA Members Players  $30 per player in advance; $40 at the door Non-Players  $15 in advance; $25 at the door Advanced registration deadline: March 8, 2016

All registrations include heavy appetizers, kegs of beer & a limited bar tab for wine & well drinks. Bring a bag of canned food to be donated to Second Harvest Food Bank for an additional $25 in chips. Player re-buy in will be allowed during the first 30 minutes of the tournament for $15. Poker Tables & dealers donated by Orlando Hold’Em (Tips to dealers are appreciated.) Proceeds benefit the OCBA Foundation, Inc.

Event sponsors: Westlaw and Milestone Reporting

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EVENING with the JUDICIARY Suits and Stegosauruses Thursday, February 25, 2016 5:30 p.m.– 8:30 p.m. The Orlando Science Center

An opportunity for lawyers of all backgrounds to meet and mingle with judges and colleagues in a relaxed social setting and enjoy the history and elegance of the Orlando Science Center’s “Dino Digs.” Hors d’oeuvres and beverages (alcoholic and non-alcoholic) are included in the price of admission.

Admission Prices:

Free – Judges $ 3o – Solo/Government/Law Students $ 40 – Private Practice $ 40 – All Guests (Including Judges’ Guests) $ 45 – Late RSVPs and At-the-Door for All Attendees RSVPs are requested by February 20. Payment is required to confirm your reservation. Register online at the YLS Store, www.orangecountybar.org/ylsproducts. If you are registering for more than one person, please make your check payable to the OCBA and mail to the event chair, Brock Hankins, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., 255 S. Orange Ave., Orlando, FL 32801. Please include a list of attendees along with payment. For questions, or to volunteer, please contact Brock Hankins at bhankins@addmg.com. theBriefs February 2016 Vol. 84 No. 2

www.orangecountybar.org

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Cynthia Schmidt, Esq., OCBA Foundation President, and friends Daniel Whitehouse, Esq., Michael Valenzuela and Nancy Kirchman, BMO Harris Bank Larry Smith, Esq., Peggy Bush Smith, Esq.

Luis Gonzalez, Esq., President, Hispanic Bar Association of Central Florida

Hispanic Bar Association of Central Florida

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OCBA Luncheon October 22, 2015

The Ballroom at Church Street Station Ramón A. Abadin, President, The Florida Bar Co-hosted by Hispanic Bar Association of Central Florida Sponsored by BMO Harris Bank

Ava Doppelt, Esq., Wiley Boston, Esq., President Elect, OCBA

Ramón Abadin, Esq., President, The Florida Bar

Wiley Boston, Esq., Eric Dubois, Esq.

Luis Gonzalez, Esq,. Jamie Billotte Moses, Esq., President, OCBA, Ramón Abadin, Esq., Nick Shannin, Esq.

Photos: Flo Boehm

theBriefs February 2016 Vol. 84 No. 2

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The Barry University Collaborative Family Law Clinic in Orlando is committed to providing support to the community to meet their family law needs associated with divorce and the restructuring of the family through the use of the Collaborative Law Process. Space is limited, call TODAY!

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BARRY UNIVERSITY SCHOOL OF LAW COLLABORATIVE FAMILY LAW CLINIC Do you need help with your divorce or • paternity matter? Are you able to devote two Fridays to • resolve your dispute? Is your household income less than • $42,000 per year?

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PAGE 22 www.orangecountybar.org

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OCBA Executive Council Holiday Party

Wiley Boston, Esq., Gary Salzman, Esq., Nick Shannin, Esq., Felipe Guerrero, Esq.

December 9, 2015 Carver Middle School

The OCBA officers, executive council, staff, and members of other voluntary bars held a holiday pizza party for 160 students at Carver Middle School. Special thanks go to OCBA president Jamie Billotte Moses, Esq., Executive Council member Jared Brooks, Esq., and Carver Middle School principal, Hector Maestre.

Jared Brooks, Esq.,

Kafi Kennedy Swan

son, Esq.

Jamie Billotte Moses, Esq., Mary Ann Etzler, Esq.

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YLS on the move

Jennifer A. Smith, Esq.

LS rung in the New Year in style. Here’s a recap of some of our holiday events: On December 3, 2015, YLS members gathered at the Vue on Lake Eola for its annual holiday party to benefit Great Oaks Village. Great Oaks Village is a residential foster group home for children ages 6-18 who have been removed from their homes by the state of Florida because of abuse, neglect, or abandonment. YLS would like to thank US Legal Support for sponsoring this festive and charitable event. YLS members donated 53 presents, $700 in gift cards, and $825 to be used for more gift cards to give the children at Great Oaks Village. On January 15, 2016, YLS members listened to advice and insight from judges John Jordan, Keith Carsten, and Heather Pinder-Rodriguez at its first monthly luncheon of the year. As always, the YLS luncheon is a great opportunity to meet and network with other YLS members, judges, our sponsors, and other attorneys, but this month in particular YLS members were able to hear it straight from the horses’1 mouths. Thanks to the judges for all their wisdom and time. Stay tuned for these upcoming YLS events: On February, 11, 2016, Judge John Kest will hold a brown bag lunch titled “Is it Really Just a Trial Without a Jury?” from 12:00 p.m. to 1:15 p.m. at the Orange County Courthouse, 23rd floor Judicial Conference Room. Come and learn, and earn 1.5 CLE! Reservations are not required; however a quick email to Diane Iacone at ctjadi1@ocnjcc. org will help to ensure that enough ma-

Amber Davis, Esq., US Legal Support team members C.J. Bosco, Esq., and April Orlando, and event chair Nick Seidule, Esq., at the YLS Holiday Party

terials are prepared. Please feel free to bring your lunch; water will be provided. On February 19, 2016, the YLS will host its February Luncheon from 12:00 p.m. to 1:00 p.m. at the Citrus Club, 255 S. Orange Ave., 18th floor. Doors open at 11:45 a.m. RSVP for a fabulous, three-course meal (only $10) online through the YLS section of the OCBA store, or yls@gmail.com if you are paying by check. A late charge of $5 per person will be added for all RSVPs not received by February 17. Please note that YLS is charged for all RSVPs, so be sure to notify us if you have RSVP’d and are unable to attend. Thanks. On February 25, 2016, YLS will be hosting its annual Evening with the Judiciary at the Orlando Science Center. This year’s theme is Suits and Stegosauruses. The menu, décor, and drinks will have an artesan flair. The entire museum, including all galleries, will be open to attendees. The event provides a unique opportunity for attorneys and judges to meet and mingle in a festive, more casual setting than a hearing room provides. See page 19 in this issue of The Briefs for all the details. The RSVP deadline is February 20, 2016, and tickets can be purchased in the YLS section of the OCBA store. If you have any questions, please contact Brock Hankins, Esq., at bhankins@addmg.com. Want to get more involved? Right now, Brett Renton, Esq., the incoming president for the 2016-2017 year, is planning all of the events for his term and is in need of chairs, vice-chairs, committee members, and general, all-around great people to help make the events put on by the YLS fantastic! If you are interested in getting involved, please send an email to Brett at brenton@shutts. com, and let him know what type of event you are interested in – charitable, social, sporty, all of the above, etc., and any relevant experience you have in putting on events or setting up activities (but no experience is required). Stay connected with the YLS on social media! You can “Like” us on Facebook at http://www.factbool.com/OCBAYoungLawyersSection.

Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008. The author of this column in no way intends to call any of the aforenamed judges “horses.”

YLS secretary Jill Simon, Esq., immediate past-president Karen Persis, Esq., and communications chair Jen Smith, Esq., at the YLS Holiday Party YLS president Amber Davis, Esq., with some of the presents donated by YLS members to Great Oaks Village

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YLS members Scott Rensch, Esq.; Stephanie Rensch, Esq.; Vanessa Braga, Esq.; and Andrew Roy, Esq., at the YLS Holiday Party

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Legal Aid Society of the Orange County Bar Association, Inc. 2016 Free Lunchtime Learnings / CLE Applied for All 12:00 p.m. – 1:30 p.m. Marks St. Senior Center 99 E. Marks St., Orlando, FL 32803 February 9, 2016

Serving Dual-diagnosis Dependent Teens (Substance Abuse/MH)

February 23, 2016

Case Plan Conference, Staffings, Out-of-Court Meetings

March 8, 2016

Dependency Court Evidence and Discovery Issues for GALs

March 22, 2016

Representing Tenants in Evictions: Prevention and Defense

April 5, 2016

GAL Appointments in Non-dependency Cases (DR, Criminal, Delinquency)

April 19, 2016

Successful GAL Collaborations with DCF and Dependency Partner Organizations

May 10, 2016

Educational Advocacy for Crossover Children, Children with Special Needs

May 24, 2016

Family Law Special Issues – Timesharing

June 14, 2016

Keeping Children Safe Act Certification for GALs

June 28, 2016

Family Law Special Issues – Relocation

July 12, 2016

Trauma-informed Care: From Case Plans to Placement Options

July 26, 2016

Dependency Motion Practice 1: Common Dependency Motions and How to Prevail in Court

August 9, 2016

Guardianship and Permanent Options for Dependent Youth at 18

August 23, 2016

Debt Collection Issues: Prevention and Defense

September 13, 2016

Therapeutic Engagement with your GAL Child

September 27, 2016

Sealing and Expungement of Records

October 4, 2016

Dependency Drug Court

October 18, 2016

Immigration Relief Available for Victims of Crime

November 1, 2016

Least Restrictive Means: Leveled Placements and Medications

November 15, 2016

Ethics Questions from Pro Bono Cases and Attorneys

December 6, 2016

Dependency Motion Practice 2: Common Dependency Motions and How to Prevail in Court

December 13, 2016

Domestic Violence and its Impact on Dependency Court

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

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theBriefs February 2016 Vol. 84 No. 2

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

More than 30 seasoned and new paralegals met with experts in the field and learned how to navigate the courts, heard from judges, JA’s and court staff, and learned best-practice tips. The two-day course was sponsored by US Legal Support, Upchurch Watson White & Max, Elijah, Acer Legal Resources, Inc., Rioch, Curtis Protective Services, Inc., and AppleOne. Kristopher Kest, Esq.

The Hon. Tiffany Moore Russell Clerk of Courts

The Hon. Frederick Lauten Chief Judge, Ninth Judicial Circuit The Hon. Bob LeBlanc Lawrence Kolin, Esq.

Judicial Assistants: Cathy Stephens, Lisa Shorten, Kristin DeFilippo, Diane Iacone The Hon. Wilfredo Martinez Ninth Judicial Circuit

Photos: Flo Boehm

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Hearsay...

Vanessa A. Braga, Esq

ello Hearsay! “Effective leadership is not about making speeches or being liked; leadership is defined by results not attributes.” – Peter Drucker Our Orange County Bar Association members have so much to offer the community that we see the results of our efforts and are leaders throughout the state. There’s lots of news, so read on! Judge William D. Palmer of the Fifth District Court of Appeal has been elected president of the Council of Chief Judges of the State Courts of Appeal. Congratulations, Judge Palmer! Our OCBA members are handling speaking engagements across the country. Denise DellPowell, Esq., a partner in the Orlando office of Burr & Forman LLP, participated in a mock relief from stay bankruptcy hearing at the Annual Educational Summit at the Commercial Real Estate Finance Council’s High Yield Distressed Realty Asserts Forum, as well as moderated the “Successful Strategies for Non-Traditional Loans” panel at the Trigild Fall Lender Conference in San Diego, California. Denise also orchestrated the 2015 Women’s M&A Dealmakers Conference in Atlanta, Georgia. Joseph M. Percopo, Esq., and Stephen C. L. Chong, Esq., of Mateer Harbert presented “Taking Title: Options and Implications for Foreign Investors” to the Asian Real Estate Association of America, which provided insight on the available options for foreign investors to take title. Derrick Cox, Esq., of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., presented at the Florida Occupational Health Conference on “Exposure Claims and Occupational Disease in the Workplace.” In addition to giving our valuable insight on various aspects of the legal field, we are dedicated to giving back to our community. Jessica Y. Fano, Esq., of Roig Lawyers, volunteered as a judge at the annual University of Central Florida Moot Court Invitational in October 2015. Joanne Kenna, Esq., of The Health Law Firm, presented information about the importance of the Florida Board of Nursing to students at Adventist University of Health Science, which is located in Orlando. Sarah L. McArthur, Esq., a staff attorney with the Legal Aid Society’s Guardian ad Litem program, was reelected chair of the Children’s Cabinet of Orange County, an organization that works collaboratively to advocate for children. Brian T. Wilson, Esq., a partner at Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP, has rejoined the board of directors of the Coalition for the Homeless of Central Florida, which is a private,

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non-profit organization that provides services to men, women, and children without homes. David J. Akins, Esq., a shareholder of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., has been elected a fellow of the American College of Trust and Estate Counsel (ACTEC). He is one of only 140 lawyers in Florida to have earned this honor. David has also been appointed chairman of the Estate and Trust Tax Planning Committee of the Real Property, Probate and Trust Law Section of The Florida Bar. On November 13, 2015, Kenneth F. Murrah, Esq., founding partner of Murrah Doyle Wigle & Torre, P.A., was posthumously awarded the Outstanding Philanthropist Award by the Central Florida Chapter of the Association of Fundraising Professionals. The award has been renamed in Mr. Murrah’s honor and will now be referred to as the Kenneth F. Murrah, Esq. Award for Outstanding Philanthropist. Rafael E. Martinez, Esq., of McEwan Martinez & Dukes, P.A., has been inducted as a fellow of the American College of Trial Lawyers. Suzanne E. Gilbert, Esq., a partner in the Orlando office of Holland & Knight LLP, received a Star of the Bar Award from the Orange County Bar Association in recognition of her service with the American Bar Association. Congratulations to all! Kudos to the firm of Baker Donelson. The national firm, with an Orlando office, achieved a perfect score on the 2016 Corporate Equality Index (CEI). The Corporate Equality Index is a national benchmarking survey, administered by the Human Rights Campaign Foundation, and reports on corporate policies and practices related to LGBT workplace equality. Council Wooten, Jr., Esq.; Orman Kimbrough, Jr., Esq.; Michael Damaso, II, Esq.; Thomas L. Dennis, Esq.; and Nicholas A. Primrose, Esq., of Wooten Kimbrough, P.A., celebrated the firm’s 50th year of practice in November 2015. What a remarkable achievement! Congratulations! It’s that time of year – The U.S. News & World Report released its Best Law Firms list, and several law firms in the Orlando area have been recognized. Congratulations to the following law firms for their achievement of excellence. FordHarrison received Tier 1 rankings in labor & employment law. Roetzel & Andress LPA received a Tier 1 ranking in real estate law. Not to be outdone, GrayRobinson, P.A., received Tier 1, 2, and 3 rankings from the U.S. News & World Report in various areas of law, including bankruptcy, construction law, corporate law, family law, health care law, labor & employment law, litigation, real

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estate law, and trusts & estates law – to name a few. Congratulations to FordHarrison, Roetzel & Andress LPA, and GrayRobinson on being fabulous firms! Two GrayRobinson attorneys, Deborah L. La Fleur, Esq., shareholder, and Justin T. Marshall, Esq., senior associate, were awarded an “AV Preeminent” rating by Martindale-Hubbell, which recognizes an attorney’s legal ability and adherence to professional standards of conduct, ethics, reliability, and diligence. In the “People on the Move” section, we have so many lawyers on the move that we have two paragraphs this month! Jayde R. Coleman, Esq., has joined the Public Defender’s Office for the Tenth Judicial Circuit. Avery F. Dawkins, Esq., has joined Fisher Rushmer. Elesa A. Rectanus, Esq., has joined Sloan & Johnson, PLLC. Aimee M. Adams, Esq.; Michael A. Flegiel, Esq.; Linnea M. Eberhart, Esq.; and Jennifer E. Belbeck, Esq., have joined the Orlando office of McDonald Toole Wiggins, P.A. Ahmad S. El-Gendi, Esq., and Peter Simmons, Esq., joined Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Erica Burns, Esq., and Lewis Van Alstyne, III, Esq., have joined GrayRobinson’s Orlando office. Renata Sobral, Esq., has joined the Orlando office of Fisher & Phillips, LLP. Andrew d’Adesky, Esq., Cindy Campbell, Esq., and Daniel Velasquez, Esq., have joined Latham, Shuker, Eden & Beaudine, LLP. David R. Bear, Esq., has joined Marshall Dennehey Warner Coleman & Goggin, P.C. Greg R. Garner, Esq., has joined Stuart, Mount, & Boylston, P.A. As always, I enjoy getting any information about the achievements and goings-on of my fellow OCBA members and encourage you to drop me a line at Vanessa@BurruezoLaw.com. Perhaps I’ll see some of you at the Central Florida Diversity Mentoring Picnic on February 6, 2016. I can’t believe it’ll be March next month and that means one thing… March Madness! Looks like I’ll need to get started on my bracket. Thanks for reading, and see you next month, Hearsay! Vanessa A. Braga, Esq. is an associate attorney with Burruezo & Burruezo, PLLC, handling labor and employment matters. She has been an OCBA member since 2014.

OCBA’s online courses are fast, convenient and inexpensive. Courses are available 24 hours a day, 7 days a week. All instructions are included online. You can start and stop programs, picking up where you left off, as many times as you like. Phone support is available for questions about using any of the online courses. About this course: The Notary Public course and the Notary Public Commission Renewal course are sponsored by Florida Notary Services.

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

•Professional Services•

Dytech Group Computer Networking “Our Business lets you Focus on Your Business” • Dennis Bell •7201 Sandscove Ct., Ste. 4, Winter Park, FL 32792 407-678-8300 • Sales@Dytech.com InterNetwork IT Everything IT for Your Company. Let us worry about your IT so you don’t have to. • Adam Alexander • 653 W. Michigan St. Orlando, FL 32805 321-300-6383 • Adam@InternetworkIT.com The business listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

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Legal Aid SocietyNews continued from page 14

ange County Bar Association. You just don’t know whose life you are saving and changing. Karl put aside his fears of public speaking and shared his personal story so that attorneys and members of the legal community, like you, could better understand what made this veteran go off the beaten path. Karl was so proud to be a tax-paying, successful member of society. He wanted no handouts, just the time to get back on his feet after his medical emergencies – a hand up, if you will. Our Ninth Annual Breakfast of Champions is scheduled for Thursday, November 3, 2016. If you, or someone you know, want to join our 2016 Breakfast of Champions committee, please contact me. I am available at boc@legalaidocba.org. Please continue to save and change lives with us. Thank you. Donna A. Haynes, Development Director at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2008.

Legal Aid SocietyWhat We Do... continued from page 15

partment of Juvenile Justice hearings with me. She let me know that someone was in my corner. I knew I had not done anything wrong. I was sick of being blamed for things that were not my fault. I decided to have a trial, instead of

taking a plea. Miss Kate and my case manager were in the courtroom during the trial as emotional support. I testified to what happened, and after hearing all the evidence, Judge Whitehead found me “not guilty.” It was a wonderful day. I gained a lot of confidence after the trial because I had stood up for myself and won. I made friends at the group home. I decided to stay there after I turned 18. Miss Kate helped me get a laptop from the Foundation for Foster Kids, and I worked toward getting my GED. I found a job working with kids at a daycare. On November 22, 2014, I turned 18 and decided to remain at the group home. This way I could focus on school without worrying about my basic needs. I knew that education changes poverty. The scary thing about being in foster care is that it is the only thing between you and being homeless. I recognized that I needed help. On my birthday, Miss Kate took me to lunch, gave me birthday presents, and even brought me a cake. It is little things like that that we want. It is tough not having a family that loves and support you. Even after I turned 18, Miss Kate would take me out to lunch or dinner to discuss what was going on in my life and what I wanted to do in the future. Originally, I wanted to be a doctor, but now I want to be a police detective. So here is a plug for myself: If there

is anyone in this room who can introduce me to a detective, that would be great. It’s not like I have parents who are able to guide me. I received my GED in May of 2015, and began college at Valencia in June. I am looking for an apartment, to figure out how to save money, get a driver’s license and car. It would also be great to have a job closer to my college campus – I’m not complaining here, though. I am lucky to have a job. I do consider myself lucky. I consider myself a success story because I have not let my tragedies define me. Statistically, I should have dropped out of school and be living on the streets. I have worked hard to get where I am, and I will continue to do so to achieve my dreams. Now, I have to learn things like laundry and cooking, but that’s easy stuff compared to being essentially homeless. Having a Guardian ad Litem attorney to advocate for you and to support you emotionally is essential for foster kids. You don’t understand – we have lost so much – and desperately need someone to trust. When Legal Aid says they are the voice for abused, abandoned, and neglected children – they are. That and more. They taught me to be the voice for myself. Please listen to my voice and know that these people save and change lives. Thank you. The Legal Aid Society of the OCBA is your neighbor. We are your charity. We know that without you, we could not be the civil poverty law firm and charity that we are. On behalf of the LAS board of trustees, Breakfast of Champions committee, and myself, please know this: You are our champions, and for that, we are forever grateful. If you would like to serve on the 2016 Breakfast of Champions committee, please contact Donna Haynes at boc@legalaidocba.org. We are accepting sponsorships for the 2016 event at this time. To see videos of the 8th Annual Breakfast of Champions, or a news story about Emma Fulmore by Eryka Washington of WKMG-News 6, please contact Donna Haynes at dhaynes@legalaidocba.org. Donna A. Haynes, Development Director at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2008.

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theBriefs February 2016 Vol. 84 No. 2

ParalegalPost

U Paul A. Smith, FRP

The Rise of Limited Licensed Legal Technicians in the Legal Profession

ntil recently, I had not heard of “Limited License Legal Technicians” or LLLTs. Loosely defined, it is a licensed, non-lawyer who engages in the limited practice of law. What Other States are Doing In June of 2012, the Washington State Supreme Court adopted APR 28, entitled “Limited Practice Rule for Limited License Technicians.” The rule allows non-lawyers with specific training to provide technical help on simple legal matters. Citing an overburdened and underfunded civil legal aid system in the state, Chief Justice Barbara Madsen believes this is one strategy that can assist those who find themselves in court, but unable to afford an attorney.1 Under this rule, an LLLT is not fully a licensed attorney but is licensed to assist clients in certain limited legal matters approved by the Washington Supreme Court. For the initial phase of the licensing program, the Washington Supreme Court authorized licensed legal technicians to practice and advise clients in divorce, child support, and other family law matters, which means they can: • Obtain relevant facts from clients. • Inform clients about possible implications of the law applied to their cases. • Advise clients on how best to manage their legal actions for optimum results. • Prepare clients to represent themselves in court proceedings. • Perform legal research to answer clients’ legal questions. • Draft legal documents to be filed with the court. LLLTs are limited in performing the role of an attorney in three primary ways: (1) They cannot represent their clients in court, (2) they cannot negotiate on behalf of their client, and (3) they can only prepare legal documents that have been approved by the Limited License Legal Technician Board (LLLTB), which was established by the Washington Supreme Court. Under Rule 28 of the Admissions and Practice Rules (APR), the LLLTB administers the Legal Technician Program, which establishes regulations for professional conduct, exam procedures, continuing education requirements, and disciplinary procedures. To become a Limited License Legal Technician in Washington, candidates must:

theBriefs February 2016 Vol. 84 No. 2

• Obtain an associate degree or higher. • Complete 45 credit hours of core curriculum through an American Bar Association-approved legal program. • Complete applicable practice area courses (family law) offered through the University of Washington School of Law. • Complete 3,000 hours of paralegal experience involving substantive legal work in any practice area under the supervision of a lawyer. • Take and pass the Legal Technician Exam. On January 8, 2015, the Washington Supreme Court adopted the Limited License Legal Technician Rules of Professional Conduct, the primary purpose of which is the establishment of ethical conduct rules for practicing legal technicians. On the same day, the Court adopted amendments to APR 28 to provide for the efficient administration of the program and to clarify an issue related to the LLLTs scope of practice. Other practice areas that this rule may be expanded to now include elder law, landlord/tenant disputes, and immigration. California, Connecticut, Massachusetts, New York, Georgia, Maryland, and Vermont are all considering adopting some form of the Washington model. The Florida Bar has also begun to examine this new form of business model for consumers of legal services. In California, the LLLT Working Group held public hearings and ultimately recommended the concept should be pursued. Last February, New York began a pilot program in which non-lawyers, called navigators, provide free assistance to unrepresented litigants in cases involving housing in Brooklyn and consumer debt issues in the Bronx and Brooklyn. Navigators, who are allowed to join the unrepresented litigant in the courtroom, are not allowed to act as an advocate in court, but they are allowed to answer questions from the judge and provide “moral support.” Typically, New York’s navigators are college and law school students with no formal licensing requirement.2 Why the Rise in LLLTs? Simply put, money. In a January 2015 article in the ABA Journal, Robert Ambrogi, Esq., reported 90% of litigants in housing, elder law, and consumer debt cases are without lawyers. At a recent OCBA luncheon, Florida Bar president Gregory

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continued page 32 PAGE 31

ParalegalPost

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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.

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continued from page 31

Coleman, Esq., reported more than 4 out of 5 low-income litigants “go it alone” because they feel priced out of the market, and less than 15% of small businesses use a lawyer. In 2003, the Washington Supreme Court commissioned the Civil Legal Needs Study, which found 88% of low-income Washingtonians face their legal problems alone, without the assistance of a lawyer. In a report released in 2013, the New York City Bar’s Committee on Professional Responsibility, which has studied the issue of non-lawyer practice for decades, points to a growing crisis with litigants going unassisted in 99% of eviction cases. Not without Opposition This isn’t a sudden development; it’s been under consideration in Washington and other states for decades. Given the current flood of unemployed law grads and the changes president Coleman shared with the OCBA recently, in the practice

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of law, it is no surprise there is opposition. When Washington’s Supreme Court first proposed allowing non-lawyers to engage in the limited practice of law, the Washington State Bar Association board of governors voted to oppose the proposal. The State Bar of California’s former executive director, Joseph Dunn, Esq., reported the opposition came exclusively from lawyers. In both California and Washington, concern for the potential harm to consumers was their primary reason for opposition. Opponents cite the same financial burdens placed on a law firm will have the same affect on the cost of owning and operating an LLLT business, so how will the savings to the consumer be realized? Paul A. Smith, FRP, is a paralegal with Larsen & Associates, P.L. and has been an OCBA member since 2011. Merrilyn Astin Tarlton, “The LLLT and the Power of Positive Thinking,” http:// www.attorneyatwork.com, (October 1, 2013). 2 Robert Ambrogi, “Authorized Practice,” American Bar Association Journal, (January 2015). 1

theBriefs February 2016 Vol. 84 No. 2

Rainmaking

Be a Rainmaker or Serve Someone Else Who Is – Part 2

I Michael Hammond, Esq.

n the last article, we talked about rediscovering your hobbies, passions, and interests to find a focus for your own personalized approach to marketing that brings out the best in you. We also showed how the writer and the speaker harness their individual interests and talents to advance their marketing goals. In this article, we’ll discuss five more ways to find an approach to marketing that suits you, that’s comfortable, and that you just might enjoy doing! The Sport These attorneys have a love of being a player or a spectator of sports. Regardless of whether they are passionate about football, golf, sailing, skiing, or any other recreational activity, sports of all kinds provide them with the perfect platform for building rapport with referral sources – even if business is never discussed. Attorneys who take this activity-based approach can market themselves by inviting referral sources to play (golf, tennis, etc.), inviting influencers to attend games with them as their guest, giving away tickets to sporting events, or setting up fun runs or tournaments with a charity tie-in. The love of the game is a proven way to connect with people and cultivate relationships, both old and new. The Family-focused Attorney Usually younger lawyers with children, these attorneys spend a great deal of time focused on faith-based and school activities. Their marketing approach should take advantage of the contacts they make in coaching youth sports, volunteering for other activities, or participating in parent/ teacher organizations. The contacts they make with other up-and-coming professional parents can often become the source of their future referrals. Their formal marketing plan will depend heavily on lunches and daytime activities since they will have less free time in the evenings because of family obligations, but their informal marketing plan can include much of their social life in the community. The Gourmet Attorneys who love gourmet food, wine, and spirits have many options for conducting their marketing by sharing their passion: they can cook for small groups at home or take clients to restaurants they’ve discovered. They can host or attend wine tastings with friends, clients, and referral sources. They can start dinner clubs in which members host meals, or they can host parties that display their own cooking talents or those of local chefs

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they’ve come to know and appreciate. The emphasis here will be on meals: lunches, dinners, and other food- and wine-related events. They can share recipes, compare notes on sources for hard-to-find cooking items, and give books that express their love of food and wine. The Traveler Traveling the world is a passion shared by attorneys of all stripes. To make the love of travel the focus of their marketing, these attorneys can send an installment email journal to friends and referral sources, create a photo journal of their trip to share with others, or create a post-vacation event that showcases the food, drink, and culture of their most recent destination. The traveler attorney also has the option of planning and taking trips with his or her referral sources to golf, snow skiing, or scuba diving destinations – all of which provide great opportunities to develop and enhance relationships. The Reader If you’re passionate about reading, there are a variety of ways to make your love of books the focus of your marketing. Many professionals belong to small groups that choose a business book to read and discuss every month. These groups can be comprised of other attorneys – especially if they’re the ones who refer business to you regularly – or other professionals in the community you’ve come to know because you have clients in common. If no group like this exists in your area, think about starting one. If business books sound too much like work, try joining or starting book clubs that focus on cookbooks, history, self-help books, or fiction as a way of attracting and meeting new potential referral sources. The key to unlocking your own marketing potential is to play to your strengths by reconnecting with your hobbies, passions, and interests – they bring out the best in you. Create a focus for your marketing that inspires you and fits your personality, whether its sports, music, cooking, or a charitable cause. Do what you enjoy, share it with other people, and the relationships and business will follow. Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.

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New M e mb e r s Attorneys

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McMillen Law Firm, P.A.

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

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Banker Lopez Gassler P.A.

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