Orange County Bar Association - The Briefs - February 2011

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message The In-Between Times Frank M. Bedell

February 2011 Vol. 79 No. 2

OCBA’s Residential Program Gives Homeowners, Banks Much-Needed Foreclosure Mediation Neutrality and Management Nicholas A. Shannin

Diversity Committee Interview of Justice James E.C. Perry Paul C. Perkins OCBA Luncheon Lucas Boyce Director of Community Relations, Multicultural Insights & Government Affairs Orlando Magic

FINANCIALCONFIDENCESHOWS

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

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

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

Regardless of the size of your practice, your dedicated M&I Banker will help you make knowledgeable financial decisions about cash flow, remote deposit capture, business checking and more. We can also help you manage your personal finances, too.

Contact us today.

Personal | Business & Commercial | Wealth Management Member FDIC Products and services subject to bank/credit approval. ©2010 Marshall & Ilsley Corporation 10-301-068

Christopher Dale Preferred Banker 407-513-9590 Orlando

Tom Bacchus Commercial Banker 407-648-2141 Orlando

the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

 

PAGE 1

Table of Contents:

the Briefs ©2011

3

President’s Message The In-Between Times Frank M. Bedell

Co-Editors Vivian P. Cocotas & Sarah P. L. Reiner

Associate Editors Allison C. McMillen & Suzanne D. Meehle

4

Professionalism Committee Young Lawyers Section Mentoring Program Kristopher J. Kest OCBA Luncheon Lucas Boyce Director of Community Relations, Multicultural Insights & Government Affairs Orlando Magic OCBA’s Residential Program Gives Homeowners, Banks Much-Needed Foreclosure Mediation Neutrality and Management Nicholas A. Shannin Legal Aid Society News What We Do… Providing Safety and Stability to Orange County’s Working Poor Donna A. Haynes

Side Bar Columnist Sunny Lim Hillary YLS Columnist Jacquelynne J. Regan w

5

OFFICERS Frank M. Bedell, President Thomas A. Zehnder, President-Elect Kristyne E. Kennedy, Treasurer Paul J. Scheck, Secretary

6

w EXECUTIVE COUNCIL Wiley S. Boston Mary Ann Etzler Meenakshi A. Hirani Elizabeth F. McCausland Nichole M. Mooney Gary S. Salzman Nicholas A. Shannin William D. Umansky William C. Vose Kimberly D. Webb Esther M. Whitehead Diego “Woody” Rodriguez, Ex Officio Eric C. Reed, YLS President

8 11

Diversity Committee Interview of Justice James E.C. Perry Paul C. Perkins

14

Appellate Practice Committee

Meet the New IRS: What You Need to Know about CMS and Recent Changes to Medicare, Part II Michael D’Lugo

w

16

Shannon L. “Sha” Daniels March 7, 1976 - December 9, 2010

EXECUTIVE DIRECTOR Brant S. Bittner w

21

YLS on the Move Mark Your Calendar!

Jacquelynne J. Regan Construction Law Committee Practical Considerations when Faced with a Contract Requiring Compliance with E-Verify Michael R. Candes and Monte S. Starr

Communications Manager Peggy Storch Marketing Manager Mente Piccoli

26

Marketing Assistant William M. Remensnyder

22

Paralegal Post Law Day 2011 Presentation Skills for Lawyers Organizing Your Presentation for Maximum Impact Elliott Wilcox

32 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470

32 33 35 36

New Members Announcements Classifieds Calendar

Legal Aid Society Citizen Dispute Family Law Mediation Lawyer Referral Service Legal Placement Service Young Lawyers Section

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

DEADLINE INFORMATION

Advertising - 10th of the month prior to the month of publication Copy - 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day.

Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2011 Orange County Bar Association. All rights reserved.

Designer: Catherine E. Hebert Cover Photo: iStock.com

ISSN 1947-3968

PAGE 2

www.orangecountybar.org

he Briefs February 2011 Vol. 79 No. 2

President’s

Message

The In-Between Times

February 2011

F

or football fans out there, this is not a self-help guide to getting through those long days that endure between the Super Bowl and the beginning of spring camp in Gainesville, Tallahassee, or some other football-crazed town. But I would like to discuss something that is more subtle and that deals with more than just a recreational activity. The title of this column comes from the book Golf in the Kingdom. The book’s main character, Shivas Irons, opined that the game of golf is “meant for walkin. . . for if ye can enjoy the walkin’, ye can probably enjoy the other times in yer life when ye’re in between. And that’s most o’ the time; wouldn’t ye say?”

This philosophic observation extends far beyond any game and can be applied to the ways we approach both our law practices and our personal lives. To illustrate, I will share some of my own “in-between times” and the unexpected or memorable moments that have occurred between significant events in either the practice of law or during bar work.

The first “in-between time” occurred in the midst of a probate litigation matter involving an elderly woman who was being sued for undue influence by the decedent’s nephew. Although I did not meet this client before the lawsuit was filed, I quickly decided that the claim did not have much merit, particularly when I found out that the primary beneficiary of the estate was a charity and that this lady knew the decedent mainly from games of bridge. There was also little evidence of the type of coercion required to invalidate a will. But the litigation featured inflammatory discovery responses and name-calling in the correspondence, all of which was understandably disconcerting for my elderly client. But she kept her spirits up and maintained patience and perspective as I attempted to explain why unsettling things were occurring. The truth thankfully started to come out, and an opportunity to narrow the issues in our favor presented itself through motion practice. The judge agreed with our legal position, gave us the appropriate relief, and the case settled shortly thereafter. Many months later, well after I had already moved on to other matters, our son, John Bedell, was born, and I received an envelope. It was a letter from my former client to John, in which she talked about her hopes for his life and some of the things she had learned during the litigation. I don’t think that nice letter would have been written had my former client and I not been able to have meaningful conferences “in between” those very difficult and confusing experiences for her.

Another “in-between time” occurred while I was working on a case with my law partner, Rob Major. The case was large and complex enough that Rob and I planned to work together on most aspects and had attempted to divide the labor evenly. But it turned out that I was working virtually alone during the first part of the extensive discovery conducted by the defendant. There were multiple document productions and some out-of-town depositions, including an up-and-back trip to Washington, D.C. After each trip, I’d go into Rob’s office, and we’d talk about the progress of the case and formulate strategy. The case then entered a new phase, and Rob took the lead but needed my assistance.

We traveled to the Midwest together for days of depositions, the Briefs February 2011 Vol. 79 No. 2

then spent long days back in the office preparing for depositions in my hometown of Tallahassee. It turned out that we arrived in Tallahassee Frank M. Bedell while my younger brother, Nathan, was also visiting from out of town. I had been too busy to check in on my brother’s travel schedule, but my mother was thrilled and quickly arranged for all of us to come to her house (the same one where I grew up) for steaks on the grill. It was a cool, perfect night for grilling, and the steaks and the side dishes were delicious, but not as enjoyable as the conversations that took place over that special meal. What an “in-between time!” I don’t think I’m exaggerating when I say that Rob became an honorary Bedell during that “in-between time” in Tallahassee.

Finally, I’ll mention my friend-for-life, Howard Coker, who has mastered the art of enjoying the “in-between times” so well that it is infectious. I had the good fortune to serve with Howard while he was president of The Florida Bar. Even though it felt like we were destined to work together, Howard and I hadn’t spent much time together before being thrown into a large project. It helped that we had shared a few meals and then more than a few beers together at a Toronto Blue Jays baseball game.

But Howard and I were not prepared for what lay ahead when he pulled me aside and said, “Frank, I have a project for the Young Lawyers Division.” I responded, “Howard, I have the perfect person in mind for the job.” Howard replied, “Frank, I am looking at the guy I want to do the job.” Enough said ‒ I was doing the job.

Within a couple of months, Howard, the OCBA’s own Russell Troutman, and I began traveling around the state to raise money for The Florida Supreme Court Historical Society. We went to see managing partners at multiple law firms in Tampa, Miami, Fort Lauderdale, West Palm Beach, and Orlando. While I remember some of those meetings, including a luncheon where the legendary Chesterfield Smith spoke, what I mainly remember are those “in-between times,” which consisted of Howard’s enthusiasm and the random things we’d share as we traveled together. In fact, those “in-between times” laid the foundation for a special friendship I share to this day with Howard Coker.

I know from experience that it’s frequently difficult, and sometimes virtually impossible, to appreciate and savor the “in- between times,” particularly when you are stressed from facing multiple deadlines in a contentious piece of litigation or you are in the middle of a large, difficult task. But if you can take a moment and think back to other similar experiences in your own life, I imagine you’ll be able to recall other times when you were “in between,” and that will assist you with the task at hand. And for those of us who have children, let me suggest that the “in-between times” are often the best times.

Frank M. Bedell is a shareholder with Winderweedle, Haines, Ward & Woodman, P.A. He has been a member of the OCBA since 1987.

www.orangecountybar.org

PAGE 3

Professionalism

Committee

Young Lawyers Section Mentoring Program Kristopher J. Kest

“Lawyers don’t practice with the civility that they used to.”

“The lack of professionalism among lawyers today, particularly young lawyers, is shocking.”

A

“Young lawyers just don’t understand what professionalism means.”

re these sentiments correct? Or is this a bit like your dad telling you that he walked to school in the snow…uphill…both ways? Regardless, most would agree that this issue is one worth addressing.

The difficulty comes in deciding how to tackle the problem. Groups and organizations designed to promote professionalism tend to be self-selecting. Those that really need to be there are (usually) not. Law students take “Professional Responsibility” but, despite the name, the class focuses on ethics rather than professionalism.

Besides, until a new lawyer steps out of the classroom and into the practice of law, it is impossible for the student to understand what practicing professionally really means. Right? Impossible? Really?

Yes, it may well be impossible to adequately teach professionalism in the classroom. Learning to practice professionally involves, as much as anything, seeing others doing it. But it is possible for law students to be exposed in a meaningful way to good role models and to an appreciation for professionalism. If those role models are only a few years out of law school themselves the message may be even more powerful.

Enter the OCBA Young Lawyers Section (YLS) Law School Mentoring Program.

Launched at the start of the fall 2010 law school semester, the program pairs YLS members with second- and third-year law students for one academic year. During that year, the mentor/mentee pairs (mentoring teams) complete at least six activities they select at the beginning of the year from a menu of activities. The menu of activities, called a mentoring plan, is broken down into six categories and the mentoring team must choose at least one activity from each category. The categories are (1) OCBA and other civic and professionalism activities; (2) law school and immediate post-graduation issues; (3) the practice of law; (4) law office and career management; (5) professionalism and ethics; and (6) pro bono. The specific activities within those categories include things PAGE 4

like attending YLS or OCBA luncheons, attending a hearing or real estate closing, and discussing law school debt and career choices. At the end of the school year, the mentoring teams will certify that they completed the activities on the mentoring plan.

In its current, inaugural year, the program recruited sixty-five mentors who have been paired with sixty-five law students, mostly from Barry and FAMU law schools. Since the time the pairings occurred in early September, the mentoring teams have been on their own to work through mentoring plans and complete their selected activities.

The YLS Mentoring Program is modeled after the Georgia Bar’s mandatory mentoring program (the only mandatory statewide program in the country), as well as the Ohio Bar’s voluntary mentoring program. At least two other states, Utah and Texas, also have statewide mentoring programs sanctioned by their respective supreme courts. Although The Florida Bar has been considering a statewide mentoring program for quite some time, it has not yet materialized.

The YLS Mentoring Program has some unique features not found in many other mentoring programs. Perhaps most significantly, only law students may be mentees and only young lawyers may be mentors. Relatively few programs around the country are focused on mentoring law students as opposed to new lawyers. The law student mentoring program at the University of St. Thomas in Minneapolis is perhaps the best example. The YLS Mentoring Program is further distinguished by allowing only YLS members to be mentors. To be a YLS member, a lawyer must be an OCBA member and in his or her first five years of practice, or under 35 years old, whichever comes last.

the stresses and issues facing today’s law students. Young lawyers will have had to choose whether or not to take the bar exam on a laptop, and many young lawyers have dealt with finding a job in today’s economy. Young lawyers remember the first time they handled a hearing by themselves – and they remember arriving at the courthouse an hour and a half early to have the agreed order entered during ex parte hearing time. They also remember the first time they had an opposing counsel yelling on the other end of the phone line – and how they didn’t quite know what to do. A more senior attorney has experienced all of this, but the intervening years have likely made his or her memory of the events less dramatic.

The YLS member, on the other hand, will have recently experienced these kinds of things and can discuss them with the law student in ways that are highly relevant and useful.

The OCBA hopes to eventually expand the YLS model so “big bar” lawyers will be mentoring YLS members. For now, through the implementation of its law school mentoring program, the YLS is working to combat a trend of growing incivility among young attorneys, be it real or perceived. The program alone certainly will not fix the problem, but it will provide a head start for students to begin understanding what practicing law with professionalism and civility is all about. For more information, please visit www.orangecountybar. org/younglawyer.asp.

Kristopher J. Kest is an attorney with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. He has been a member of the OCBA since 2005.

Why limit mentors to YLS members?

Wouldn’t a law student benefit from being mentored by a more experienced lawyer or judge? Probably, but not as much as being mentored by a young lawyer.

Young lawyers are more connected with www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

OCBA Luncheon

February 24, 2011 Sponsored by Marsh U.S. Consumer, a service of Seabury & Smith, Inc.

Lucas Boyce Director of Community Relations, Multicultural Insights & Government Affairs Orlando Magic

L

ucas Boyce is in his third season as director of Multicultural Insights, Cause Marketing & Government Affairs for the Magic, having joined the organization in July 2008. He assumed responsibility for the organization’s Community Relations department in April 2010. His responsibilities include strategic business planning and directing the organization’s multicultural and community outreach initiatives.

He also oversees the company’s efforts in corporate citizenship, supplier diversity and government affairs.

Prior to joining the Magic, Boyce served at the White House in the Office of Political Affairs, where he monitored political activity and tracked key races across the Plains-Southwest region of the United States. Boyce also coordinated proactive communication, public relations and education outreach across diverse communities, constituencies and issues on behalf of the President.

During his tenure at the White House, Boyce also served in the Office of Public Liaison. In this role, he directed African-American and Professional Sports Outreach in addition to event-related work in the fields of healthcare and economic policy. Prior to this, Boyce worked for a public affairs firm in Alexandria, Virginia, Direct Impact, and served in the Vice President’s Political and Communications Office.

Lucas is the author of Living Proof: From Foster Care to the White House and the NBA, published in January 2011. Learn more by visiting www. lucasdanielboyce.com. He travels throughout Central Florida and across the country giving speeches designed to motivate young adults to make an impact in their generation.

Boyce received his bachelor’s degree in political science and speech communication from the University of Central Missouri. He is currently pursuing his MBA at Rollins College in Orlando, Florida.

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 to reservations@ocbanet.org

by Friday, February 18, 2011.

Main Entrance: Garland Avenue between Church Street and South Street To ensure a proper luncheon count, RSVPs and CANCELLATIONS are requested no later than Friday, February 18, 2011. The OCBA is happy to provide 10 luncheons as part of your member benefits, but no-shows incur additional charges for the Bar and walk-ins cannot be guaranteed a seat.

Please keep us up-to-date on your reservation status!

the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

PAGE 5

OCBA’s Residential Program Gives Homeowners, Banks MuchNeeded Foreclosure Mediation Neutrality and Management

Nicholas A. Shannin

B

ig problems require big solutions. The foreclosure crisis may be the biggest problem our legal system has seen in a very long time. The nation’s foreclosure crisis indicates current numbers at roughly 30% of mortgages “underwater.”1 In our state, it is reported that approximately 14 percent of Florida mortgages are in foreclosure, and over 23 percent are “past due in one form or another.”2 The result: foreclosures have clogged our courts, and the mounting problems have distressed not only the parties, but the judges, clerks and even attorneys who have no real estate practice, but whom the drain of resources impacts just the same.

Sadly, there is no single “Big Solution” that can cure this situation. There is, however, a partial solution that can help alleviate some part of this systemic stress: the Residential Mortgage Foreclosure Mediation Program (RMFMP). After much study and debate, in early 2010 the Florida Supreme Court3 and the Ninth Judicial Circuit Court4 mandated that all homestead foreclosure5 actions, as of July 2, 2010, be sent to mediation before a final judgment is ordered.

Locally, Chief Judge Belvin Perry, Jr. of the Ninth Judicial Circuit Court charged the Orange County Bar Association with significant community responsibility as the Program Manager for these mediations for Orange County.

The Residential Mortgage Foreclosure Mediation Program initiative was created to fulfill Judge Perry’s administrative order, and the OCBA promptly rallied last spring to organize the RMFMP for an early summer 2010 launch.

Many OCBA member mediators, the OCBA leadership and staff are working fervently to provide support and management beyond the call of the judge’s order for the program, and with success. The OCBA was initially selected to manage the RMFMP because of the bar’s long history of service to the community, its commitment to professionalism, and its ability to carry out the intent of the administrative order by remaining fair and impartial. Since the program’s inception, the OCBA has received strong support and encouragement on the collective handling of the RMFMP by its staff and members.

From a management standpoint, the OCBA holds the responsibility of being the impartial party that brings together the homeowner and lender, moving them through the court-ordered managed mediation program. The members and staff involved in the program are important facilitators for both the understanding and implementation of this complex and daunting process, opening the channels of communication between the involved parties.

Before Judge Perry assigned the OCBA to manage mediation, there was a critical need to work out the facilitation of information exchange in these foreclosure situations, always preferable during the initial stages of litigation. Homeowners who desired to seek a possible resolution with their lenders early in the process, before final judgment was rendered in their case, were facing major challenges simply talking with someone with authority to act for the lender. The courts also were in dire need of congestion-relief, and managed mediation was a way to ensure attempts to resolve the foreclosure, benefiting both the borrower and the lender, before the matter came before the judge. Serving PAGE 6

the courts as a neutral facilitator, the program provides a bridge for the owner-occupied homeowners and their banks to attempt to reach solutions early in the process.

How do I know all this? I know it because I am involved in the process. On hearing of the formation of the program, I obtained the necessary specialized training to participate as a RMFMP mediator and was able to join the inaugural class of mediators approved by the program. Here is a brief overview of the RMFMP’s procedures: Homeowners in Orange County who are served with a foreclosure notice automatically receive an invitation to participate in RMFMP. Participation is not mandatory, but opting to engage is a helpful right to which homeowners are entitled. If they elect to participate in the no-cost mediation program, they receive credit counseling by a HUD-certified expert, which includes a comprehensive budget review and tips on how to reach target financial goals.

In addition, they receive professional facilitation of document exchange and can even receive OCBA direction and assistance in gaining important early access to lender documentation, prior to mediation. One huge problem we’ve been able to assist in is helping homeowners gain access to financial institutions. Many homeowners reported that without the RMFMP, they were facing endless voicemail systems and difficulty obtaining the requested documentation (or even knowing what documentation to request). Now, homeowners also have a physical address – the OCBA Center – where staff can help answer questions. At mediation, the homeowner and his or her attorney have face-to-face interaction with the lender’s attorney and the opportunity to speak with the lender’s representative via conference call. Importantly, this representative is someone with genuine authority to enter into an agreement or modification that would affect the case.

Occasionally, these mediations can produce immediate and positive results, with homeowners and lenders reaching a resolution on the spot. The vast majority of these sessions, however, prove useful on a long-term scale, serving as a beginning, opening doors of opportunity for both parties to communicate. Many of these mediations will conclude with a plan of action for the future and an agreement to keep working together, particularly towards a loan modification. This plan of action is often both encouraging and fruitful for all parties involved.

As Program Director of the OCBA’s Residential Mortgage Foreclosure Mediation program since late last spring, Kim Homer is responsible for overseeing all aspects of the initiative. In her role, she supervises staff at two locations: the OCBA Center and

www.orangecountybar.org

continued page 23

the Briefs February 2011 Vol. 79 No. 2

Great Clients Choose Great Law Firms; Great Law Firms Choose Each Other.

Upchurch Watson White and Max specializes in settling disputes - anywhere.

For over 20 years, the principals and panelists at our firm, have successfully guided clients and attorneys through the field of conflict resolution.

Our experienced mediators will help you and your clients find the road to common ground.

URCH WATSO CH N P U

Resolution

WH

Specialists

ITE & M AX

uww-adr.com

Daytona Beach, FL • Maitland / Orlando, FL • Miami, FL • Birmingham, AL

the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

PAGE 7

Legal Aid Society

News

T

his past year, Legal Aid staff attorney Sally McArthur helped Orange County’s poor and unemployed workers receive $725,965 in unemployment compensation assistance.

Since 2006, The Florida Bar Foundation has funded her work at Legal Aid. However, declining interest rates have negatively impacted IOTA revenue. Over the last few years, The Florida Bar Foundation has used reserve funds to guarantee that legal services to the poor were not reduced. Because those reserves are almost exhausted, the Legal Aid Society has been informed that funding for this valuable work will be discontinued on June 30, 2011.

The need for legal aid assistance in this area is illustrated by Sally McArthur’s recent work with Bonnie Lewis. Bonnie was terminated from her position, but was offered a commission-only job by her employer. Bonnie declined the alternative job offer, in part because it did not provide for a regular salary or benefits. However, Bonnie was also incapable of performing the duties required of the alternative position because it required her to drive, and she is vision impaired. Bonnie came to Legal Aid after being denied her unemployment compensation benefits. She had been evicted from her apartment and was living in her friend’s car. After Legal Aid became involved, Bonnie’s unemployment benefits were eventually restored. Legal Aid represented Bonnie during all phases of the unemployment compensation claim process. Legal Aid also represented Bonnie when her former employer appealed the unemployment compensation benefits award she received. Without Legal Aid’s

New Member Benefits!

2011 Online Membership Directory!

What We Do...

Providing Safety and Stability to Orange County’s Working Poor Donna A. Haynes involvement, Bonnie might never have received the benefits to which she was clearly entitled.

Since The Florida Bar Foundation grant was initiated, Florida has seen one of the highest unemployment rates in the nation, yet Legal Aid has been flexible and dynamic in its response to the changing needs of our clients. In its current form, we have been able to concentrate our efforts on the large number of unemployed workers showing up at our doors. Sally, along with other regional legal aid advocates, has produced educational materials and given seminars, all designed to identify and address systemic issues associated with unemployment and the downward spiral it creates. A soon-to-be-released manual will provide the necessary tools for individuals pursuing unemployment claims through the appeals process.

Along the way, we have managed to attract media attention both locally and nationally.

This year, Sally’s work was featured on the PBS NewsHour and in articles published in the Orlando Sentinel, The New York Times, Orlando Home & Leisure, and The Briefs, among others.

Our efforts to assist clients with legal issues related to unemployment are designed to stop the cycle of poverty at its root by helping clients maintain an income.

Sandi Sumner, an 18-year senior legal assistant with Legal Aid, states, “When workers are denied those benefits, Ms. McArthur helps them not only to regain the money they are entitled to, but also helps them regain their dignity as well.

While the dollars captured are a measured

◆ The Briefs online!

◆

Donna A. Haynes is Manager of Development for the Legal Aid Society. She has been an OCBA member since 2008.

HONEYWELL MEDIATION & Other Alternative Dispute Resolution Services

◆ 2011 Lawyer-to-Lawyer Specialty Index

outcome, the return of dignity cannot be measured. I am proud to be a part of this outstanding work.”

Legal Aid needs funding for the Unemployment Project and other projects that save housing and assist domestic violence victims. Please consider helping in one of the following ways: • Make a lead gift of $10,000, $5,000 or $1,000 to help fund projects such as the Unemployment Project. Legal Aid requires over $100,000 annually to continue this program.

• Have your civic group host a fundraiser to benefit Legal Aid. • Do you have a contact in corporate America that you would be willing to ask for a donation to Legal Aid? • Do you have a contact in the corporate sector that would donate inkind items such as a much-needed telephone system?

With your help, Legal Aid can continue to bring safety and stability to low-income working poor clients in our community.

Please contact Donna Haynes, Development Manager at the Legal Aid Society of the Orange County Bar Association, Inc. at (407) 841-8310 x 3150 or dhaynes@ legalaidocba.org. Visit our website www. legalaidocba.org

Do you know your mediator too well?

That can be good or bad. Good, if your knowledge gives you trust and confidence in your Mediator’s efforts. Bad, if excessive familiarity leads to complacency and inattention to the needs of your opponent. Make sure you recognize the difference.

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

Go to Member Login at www.orangecountybar.org

• Certified Circuit Civil Mediator • Certified Federal Court Mediator • Board Certified Civil Trial lawyer • Panel Member, Mediation, Inc.

Karen Fast, Membership Manager, karenf@ocbanet.org

Neutral, convenient conference facilities on Lee Road in Winter Park.

PAGE 8

Call Honeywell Mediation/Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 • Statewide-National: 800-741-7000 Available anywhere in Central Florida without travel charge.

1/6

www.orangecountybar.org page OCBA The Briefs, Feb. 2011

the Briefs February 2011 Vol. 79 No. 2

the Briefs February 2011 Vol. 79 No. 2

 

www.orangecountybar.org

PAGE 9

I’m here to help.

Trial Support Appeals and Writs

www.twylaw.com

(407) 219-4745

Licensed in Florida, Kansas, and New Mexico Thomas Wade Young, P.L. Orlando

GrayRobinson’s Central Florida Alternative Dispute Resolution Practice Group Members

([WUHPHO\ R. Lee Bennett

)/25,',$1

Terence “Terry” J. Delahunty, Jr.

William A. Grimm

Jeffrey D. Keiner

Benjamin W. Newman

Mario Romero

GrayRobinson’s mediators, arbitrators, and private judges provide alternative dispute resolution services in many areas, such as: Commercial/Business Construction Employment Government Insurance Negligence/Torts Professional Liability Real Estate

Fort LauderdaLe MiaMi Gary S. Salzman

PAGE 10

Charles T. Wells

JacksonviLLe key West LakeLand MeLbourne napLes orLando taLLahassee taMpa 800-338-3381 l www.gray-robinson.com

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

Diversity

­­Interview of Justice James E.C. Perry

J

Paul C. Perkins

Committee

December 14, 2010

ustice James E.C. Perry is a former member of the Orange County Bar who is presently serving as a Supreme Court Justice in Tallahassee. He was born in North Carolina, attended St. Augustine College, a historically Black college in Raleigh, N.C., and Columbia Law School in New York City. He moved to Central Florida in 1974. Throughout his career, he has served his community, not only through the practice of law, but as an advocate for education and a sponsor of youth sports leagues throughout Central Florida. He sat down with Paul C. Perkins, Jr., Chairman of the OCBA Diversity Committee, for a brief interview in December of last year.

Paul Perkins: Good morning, Justice Perry. Thank you for agreeing to do this. I know this is a very busy time for you. What was it like practicing law in Central Florida when you first came to town in 1974?

Justice Perry: Well, I started practicing in Seminole County as Vice President and General Counsel of the Seminole Employment Economic Development Corporation. That’s why I moved to Florida. I then went into private practice and had an office in Sanford as a sole practitioner. I then partnered with Norris Woolfork, one of the few Black lawyers in private practice when I arrived. For a time we had my Sanford office and his Orlando office down on Parramore. We then closed the Sanford office, and we practiced out of the same office in Orlando. I joined the Orange County Bar in the late ’80s when Emerson Thompson convinced me it was better to fight for change from the inside than from the outside.

PP: I know there were a few Black lawyers here in town when you arrived.

How were you received as the new kid on the block?

JP: Let me see. Your dad (Paul C. Perkins), James Collier and Norris Woolfork were in private practice.

Belvin Perry, Emerson Thompson, Theotis Bronson and Ralph Armstead were here also, and they worked in the public sector. It was fine I guess. There weren’t very many of us, so we were very supportive of one another. We really were like a voluntary bar unto ourselves. The Orange County Bar wasn’t very receptive, at least that was our perception at the the Briefs February 2011 Vol. 79 No. 2

worse here than where I was raised in North Carolina. On Christmas Day in 1951, the Klan put a bomb under the bedroom of Harry T. Moore, the field secretary of the NAACP in Mims, Florida in Brevard County. They killed him and his wife Harriet on Christmas Day! Your dad knew and worked with Harry. Your dad also worked on the Groveland case with Thurgood Marshall when Willis McCall shot and killed one of PP: How did your tactics your dad’s clients. Those older differ from the tactics guys were more aware of their employed by the older Black true surroundings. With me it lawyers in town when you got was just theory. With them it here?

The Honorable was reality.

JP: The older Black lawyers, James E.C. Perry PP: I know you were instruyour dad included, appeared mental in fighting battles for equality in to be more introspective, focusing on the legal practice for African-Americans survival, making a living and making a and all minorities by filing a lawsuit difference behind the scenes. I thought against the Georgia Bar Examiners. it was important to comport ourselves What were the circumstances that led to in a professional manner and have that lawsuit? professional-looking offices. The older guys didn’t really emphasize that. To JP: I decided to attend law school the day me, professional offices and appearances Martin Luther King was assassinated. I made the clientele know they were was granted an early discharge from the receiving something of value when they army to attend law school at Columbia. purchased legal advice or legal services. It In my third year, the dean of the law also helped to break down racial barriers school called me into his office to ask why by getting more white clients who were I had not applied to one of the Wall Street more comfortable hiring Black attorneys firms, and I told him I was going back to when they saw the offices and the way we North Carolina to pursue racial justice. presented ourselves.

During spring break of my third year, Your dad would never drive a nice car.

I discovered that North Carolina had a rule that you had to apply to take the bar He would only wear his best suits when in your first year of law school or you he partied with other Blacks. Norris had to wait 27 months after graduating Woolfork had a diamond ring that he from an accredited law school to take would turn around in court so it looked the exam. That was bad news, so I drove like a wedding band. (Laughter). They to Greenville, South Carolina, where I were literally afraid to show their success was told they did not have such a rule. I for fear that it would appear threatening intended to work for Legal Aid, but I was to whites. I always had a strong selfadvised by the director of Greenville Legal concept and considered myself just as Aid that the South Carolina Bar had not good as anybody else. My experiences passed a Black applicant in six years. That were different. I attended law school was worse news, so I drove to Atlanta that at Columbia University in New York. very same day and knocked on the office I was an officer in the army and had door of Maynard Jackson. I did not know whites serve under me. Your dad was in a Maynard, but I knew he was the deputy segregated unit in WWII. Those sorts of mayor of Atlanta and the head of a seventhings change your perspective. lawyer law firm. Maynard told me the I never understood those older guys until Georgia Bar usually passed three Blacks a I read some of the civil rights history in year: one from the University of Georgia, Florida. Your dad and those guys came one from Emory Law School, and one along when some white people were continued page 13 bombing Blacks in Florida. It was much time. The most receptive place I found in town was the Downtown YMCA. That is where I met and got to know some of the white attorneys, while playing lunchtime basketball. We called it the “Elbows for Lunch Bunch.” I have always found that sports really help to build relationships and tear down barriers. That’s why I have been a supporter and advocate for youth sports my entire career.

www.orangecountybar.org

PAGE 11

PAGE 12

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

Georgia. The name of the case is Perry v.

Sell. Look it up.

PP: As lawyers, we know one of the best ways to effectuate change in society is through lawsuits. What do you see as the most urgent need for societal change now as it relates to diversity or racial issues?

JP: We need more minority judges, prosecutors, public defenders, politicians, etc. That’s where the rubber meets the road. There are some counties that still do not have any Black or Hispanic judges.

That is where the perception of systemic injustices can perpetuate and fester. Our problem in this country is that we are so material. Economic success overshadows everything else. Most importantly, we need to act as mentors for young people so we don’t get another lost generation.

You receive by giving, but you don’t give to receive.

Diversity Committee continued from page 11

other. I figured I would be the “other.”

That was the best news I had heard, so I decided to take the Georgia Bar Exam.

At the time, Georgia had forty-two Black lawyers in the whole state. I applied to take the Georgia Bar along with fifty other Blacks who also took the bar review course at the University of Georgia.

They failed all fifty-one of us. After we received the results, Jack Lasone and I called a meeting with all fifty of the Black applicants in Atlanta to explore our legal options. I called Jack Greenberg who had been one of my professors at Columbia and was the director of the NAACP legal defense fund at the time. Only sixteen of the applicants decided to join us in the suit. I was told I would be blackballed forever.

The lawsuit was filed in November 1972 in the Federal District Court in the Northern District of Georgia. We sat for the bar in February 1973. Eleven of the sixteen named plaintiffs passed along with thirteen others, for a total of twenty-four Blacks. In June of 1973, twenty-four more Blacks passed. In one year, we more than doubled the size of the Black bar in

PP: Finally Judge Perry, based on what you’ve seen from the bench at the trial and appellate levels, what advice do you have for lawyers practicing in Orange County?

JP: In terms of practicing, we have to be professional, courteous, prepared, and

timely. If you get a bad reputation with judges, it spreads just as in any other community. If you can’t be believed or relied on, it precedes you. Make sure you point out the strengths and weaknesses in your case. It not only helps your credibility in that case, but in your next one as well.

On another note, know your history.

Lawyers have a lot to be proud of.

Essentially every important thing that has happened in this country involved lawyers to a large degree. I recommend reading Simple Justice by Richard Kluger.

That book should be required reading for all lawyers. I also recommend A Most Disorderly Court by Martin Dyckman, about the Florida Supreme Court. It is a real eye-opener and page-turner.

Paul C. Perkins, Jr. of Paul & Perkins, P.A. has been a member of the OCBA since 2010.

JAMIE BILLOTTE MOSES OCBA EXECUTIVE COUNCIL

Legal Aid Society Board of Trustees, President, 2010 – 2011 Legal Aid Society Board of Trustees 2007 – present

The Florida Bar Young Lawyers Division, President, 2005-2006

OCBA Treasurer 2006 – 2007

The Florida Bar Board of Governors 2004 – 2006

OCBA Secretary 2005 – 2006

The Florida Bar Appellate Court Rules Committee 2003 – present (currently Vice Chair)

OCBA Gala Chair 2004 OCBA Foundation Board 2006 - 2007

Florida Supreme Court Historical Society Board of Trustees 2008 – present

OCBA Judicial Relations Committee, Secretary, 2010 – 2011

Florida Bar Foundation Fellow 2004 – present

OCBA Appellate Practice Committee, Founding Chair, 2007

The Florida Bar YLD Most Productive Board Member – 2003

OCBA Young Lawyers Section, President, 2001 – 2002 CFAWL Executive Council 2006 -2007, 2008 - 2009 Ninth Judicial Circuit Grievance Committee 2006 – 2009, Chair 2009 OCBA Outstanding Substantive Law Committee Chair 2007 – 2008 LAS New Attorney Award of Excellence 2001 OCBA YLS Outstanding Board Member 1997

the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

PAGE 13

Meet the New IRS: What You Need to Know About CMS and Recent Changes to Medicare – Part II Michael R. D’Lugo

Appellate Practice

Committee

This is the second in a two-part article addressing recent changes to the federal Medicare laws and regulations. he Center for Medicare and Medicaid Services (CMS) is undergoing a fundamental and philosophical change in its approach to overseeing this country’s Medicare laws. Part I of this article provided the historical context and the evolution of the Medicare laws since they were first enacted in 1965. In Part II, I provide an update regarding recent developments as well as practical things you need to know if any part of your practice involves the prosecution or defense of personal injury claims.

There are recent developments on both the litigation and regulatory fronts. First, the federal government has extended the deadline for reporting Medicare settlements to Medicare Secondary Payer Recovery Contractors (MSPRC) from January 1, 2011 to January 1, 2012. This extension reflects the overwhelming nature of Medicare claims and the number of entities that will be required to provide this information. What was originally estimated as several hundred reporting entities has now grown to approximately 25,000. Given the number of reporting entities and the number of claims that will be subject to the reporting requirements, the federal government simply needs additional time to establish the infrastructure that allows it to accept and take action on the information reported.

All eyes are on the Northern District of Alabama as it addresses an attempt by the federal government to recover approximately $68 million in Medicare disbursements from 907 members of a class that received $171 million in settlement proceeds, and from their attorneys, who received $129 million in fees, as a result of a massive toxic tort litigation settled in 2003. On September 30, 2010, the United States District Court for the Northern District of Alabama issued a memorandum opinion on various defendants’ motions to dismiss the federal government’s efforts to recover Medicare disbursements.

Judge Karon Owen Bowdre authored the opinion in which she dismissed the government’s claims against numerous defendants, both corporate tortfeasors and class action plaintiffs’ attorneys.

T

PAGE 14

The legal underpinning of the district court’s opinion was that the federal government failed to file its lawsuit within the applicable limitations period. The district court determined that as to the corporate defendants, the cause of action accrued on September 10, 2003, the date on which the Alabama state court entered an order approving the settlement agreement. The court rejected the government’s contention that its Medicare recovery claim was based on contract rather than tort, and therefore the six-year limitations period should apply. Thus, as to the corporate defendants, the statute of limitations expired more than three years prior to the filing of the lawsuit on December 1, 2009.

As to the attorney defendants, the district court applied the six-year limitations period, as the attorneys’ payment was based upon their contractual relationships with their clients who were the Medicare recipients. However, even applying the sixyear limitations period, the district court determined that the government’s claim was time-barred. The court found that the cause of action accrued the moment that $275 million of the $300 million settlement was transferred into an escrow account set up for the distribution of the settlement proceeds. The district court rejected the government’s contention that the cause of action did not accrue until the filing of a certification that 97% of the members of the class had executed releases, which was the threshold for allowing the disbursal of the settlement funds. Expect the Eleventh Circuit Court of Appeals to weigh in on this topic in the future.

The Eleventh Circuit has already released an opinion that is significant in the Medicare recovery context. On September 29, 2010, the Eleventh Circuit released its opinion in Bradley v. Sebelius, 621 F.3d 1330 (11th Cir. 2010). The significance of the Bradley decision is that the federal court concluded that a state probate court can establish the amount of money an MSPRC is entitled to recover. Litigants will likely rely upon the Bradley decision in support of the contention that a state court judge can establish the amount an MSPRC is entitled to recover. It remains to be seen what the precedential value of the Bradley decision will be, especially in

www.orangecountybar.org

light of the fact the federal government declined to participate in the probate process in that case.

Based upon injuries that are the subject of the litigation, there are a number of practical approaches litigants should apply in order to adjust to the ever-changing landscape in personal injury cases involving plaintiffs who either have received Medicare benefits in the past or who have a substantial likelihood of qualifying for Medicare benefits in the future. The amicable resolution of personal injury claims will become more and more difficult with the specter of the MSPRC seeking recovery of some or all of the Medicare benefits that have been disbursed. Therefore, it is essential to find out early in the course of the litigation whether the personal injury plaintiff is a Medicare recipient or could become eligible for Medicare benefits in the future.

This is especially crucial for a determination of how much Medicare has paid out in benefits in the past as conditional payments. The amount of the conditional payments must be factored into any analysis of the valuation of a personal injury claim.

Keep in mind that the more Medicare has paid in benefits to a plaintiff, the more likely that the MSPRC will seek reimbursement. If Medicare has paid out in excess of $250,000 in benefits, you should assume that the MSPRC will seek reimbursement.

Personal injury plaintiffs and defendants alike are able to obtain information regarding the amount of conditional payments from the MSPRC. The claimant can request the information directly. The defendant needs to have the plaintiff execute a “Consent to Release” form in order to obtain this information from the MSPRC. Keep in mind that the MSPRC will only provide an estimate of the amount of conditional payments. The final hard number will not be released until Medicare is informed of a settlement or judgment.

Communication with an MSPRC is not a two-way street if you are a defendant in a personal injury action. Only the plaintiff, through his counsel, can negotiate the amount of a lien with the MSPRC. A defendant can only request an estimate of the amount of conditional payments that have been made in the past. A defendant is not in a position to negotiate the amount of the lien.

the Briefs February 2011 Vol. 79 No. 2

Although the deadline for insurance carriers to report settlements to CMS has been extended by one year, at some point all insurers will have to inform CMS of the fact that a case has settled. Once the MSPRC is notified of the settlement, it will identify the payments that have been made on a conditional basis, calculate the amount owed, and will then send a demand letter to the Medicare recipient. The Medicare beneficiary can then either pay the amount stated in the demand, contest the amount, or do nothing. If the Medicare recipient chooses to do nothing in response to the demand letter, the Department of Treasury will soon get involved.

If the Medicare recipient has already spent the proceeds of the settlement without addressing Medicare’s conditional payments, the MSPRC can pursue other individuals involved in the litigation process, as the federal government has made clear in United States v. Stricker. Although Stricker was dismissed as to a large number of the defendants, the basis of the dismissal was the application of the statute of limitations. The court did not consider the viability of the federal government’s legal position as a matter of substantive law. Therefore insurers, defendants, and plaintiffs’ attorneys must be aware of the exposure that they face if they fail to address Medicare’s interests in the settlement process.

In light of the federal government’s new approach to Medicare reimbursement, the issue then becomes what the parties can do to protect themselves from future exposure to a lawsuit funded by the federal government. The most important element to remember is that a party cannot transfer responsibility for reimbursement to the MSPRC. The government does not have to do anything to perfect its lien, and there is no language you can include in any release that will completely insulate any entity from an MSPRC recovery lawsuit.

There are certain approaches that can be taken in order to maximize protection; however, each possibility has significant drawbacks. One option is to name the MSPRC as a payee on the settlement check. Under this scenario, in order for

the Briefs February 2011 Vol. 79 No. 2

the check to be negotiated, it actually has to go through the federal government, which will take out whatever portion it deems to be the appropriate amount.

While this approach is arguably the safest, it is also the most time-consuming and therefore is not the most appealing option for claimants who would like to see the proceeds of the settlement as quickly as possible.

A second option is to include strong language in any release that would require the claimant to indemnify and hold harmless the insurance carrier and the defendant in the event that the MSPRC initiates litigation for recovery of Medicare payments that were not properly reimbursed through the settlement proceeds. The downside to this approach is that it is as safe as the claimant is solvent.

Claimants who spend their settlement proceeds rapidly and have no other collectible assets would not be able to answer an effort to collect by an insurance carrier or a defendant who has been the recipient of an MSPRC lawsuit.

A third option is to establish an escrow account out of the settlement proceeds.

Such an account would be in an amount that is based upon a good faith assessment of the amount anticipated that the MSPRC will seek to recover. The creation of such an escrow account may be the most equitable way for all sides involved and demonstrates that the parties are making a good faith effort to protect Medicare’s interests during the course of resolving the lawsuit.

The creation of an escrow account is also the genesis of a financial vehicle that has been established in order to address a common problem: What if the injuries that are the subject of the litigation are likely to cause a plaintiff to qualify for Medicare benefits in the future? How do parties address the possibility that the injuries for which an insurer is paying compensation will likely trigger Medicare payments in the future? One answer is the creation of a Medicare Set Aside account (MSA). The MSA is a vehicle that will allow the parties to address future Medicare expenditures by establishing an account from which reimbursements can be obtained in the future.

Although the MSA can be a very good idea in certain situations, a common misconception is that it is mandatory. An

www.orangecountybar.org

MSA is not mandatory, even if it is reasonably certain that future Medicare payments will be made for injuries that are the subject of the litigation. The parties should take care to address the possibility of future Medicare payments during the resolution of their personal injury claims even if an MSA is not created. The parties do have an affirmative obligation to make reasonable assessments of the amounts to which Medicare will be entitled in terms of reimbursement for both past and future payments. Any settlement agreement into which a personal injury claimant enters should at the very least address Medicare’s interests in order to avoid what could be costly litigation in the future.

Parties should recognize early in the course of litigation whether a personal injury claimant is receiving Medicare benefits or will qualify for Medicare benefits in the future. Once that has been established, appropriate steps during the course of discovery must be taken in order to determine as precisely as possible what conditional payments Medicare has made in the past and what payments may be in store in the future. Assume that it will take between 60 and 90 days for an MSPRC to respond to a request for information regarding conditional payments.

So, if there is a mediation scheduled in your personal injury claim, at least three months in advance of mediation, mark on your calendar the need to obtain conditional payment information from the MSPRC. It is only by being armed with this knowledge that the parties may be able to reach an amicable resolution of a personal injury claim involving Medicare benefits.

There are a number of documents lawyers handling personal injury claims involving Medicare recipients should have in their possession. An excellent resource for this documentation is www.msprc.info.

This website answers numerous questions regarding the negotiation of the Medicare mine field and includes sample documents that can be used in order to obtain necessary information. Take advantage of this website, as it adds to the litigant’s knowledge regarding the Medicare process. Otherwise, you may face a barrier to resolution of your claim that may be impossible to overcome.

Michael R. D’Lugo is a partner with Wicker, Smith, O’Hara, McCoy & Ford, P.A. He has been a member of the OCBA since 1999.

PAGE 15

Orange County Bar Association

Shannon L. “Sha” Daniels

Election Notice The names of nominees for the following offices will be announced on the OCBA website on Tuesday, February 8, 2011: OCBA Vice President / President-Elect OCBA Treasurer OCBA Secretary OCBA Executive Council (3 nominees) Legal Aid Society Board of Trustees (2 nominees) Young Lawyers Section At-Large Board Members Voting shall be by secret ballot mailed to each Regular and Judicial Honorary Member of the Association on or before Tuesday, March 11, 2011.

Voted ballots must be returned to the OCBA no later than 5:00 p.m., Thursday, March 31, 2011.

In order for your vote to be counted, you must sign and print your name on the back of the return envelope. Mail or bring voted ballot to the OCBA office, 880 N. Orange Ave., Orlando, FL 32801.

If you have any questions, please contact the communications manager at 407-422-4551, ext.

227, or peggys@ocbanet.org.

March 7, 1976 – December 9, 2010

Live well. Laugh often.

Love much.

S

itting in the funeral service for Sha Daniels, surrounded by over 800 of Sha’s family, friends and colleagues, including many attorneys and judges, I was awestruck by the poignant impact my dear friend Sha had on so many people in her 34 years on this planet. At the funeral, Father Richard Walsh commented that it is not the length of time we spend in this life, but what we do with the time we have while we are here. Sha was a shining example of Father Walsh’s observation.

Shannon L. Daniels was married to Vince Citro, an Assistant United States Attorney, whom she met while they were both attending law school at Stetson. Sha spent her career with The Aikin Family Law Group, developing into both an accomplished litigator and a passionate collaborative law professional.

She received her Martindale Hubbell AV peer review rating after only nine years of practice and was tapped as a 2010 Rising Star by the Florida Super Lawyers magazine.

Grievance Committee member, Sha rounded out her civic service with membership in Florida Citrus Sports, the Orlando Touchdown Club and FBI Citizen’s Academy.

None of these accomplishments, however, truly capture Sha, the person. As fellow-collaborator Dr. Barbara Kelly notes, Sha was “this quirky combination of fierceness and caution; competitiveness and teamwork; humor and solemnity; respectfulness and irreverence.” Colleague Mark O’Mara sums it up: “Sha not only had a love for her profession, but she also had a love for friends, a love for her husband, a love of sports, a love of motorcycles and, as I now realize in retrospect, a true love for life.”

May each of us touch one another in such a personal and lasting way during our time together. Rest in peace, Sha. Wendy L. Aikin, The Aikin Family Law Group, has been a member of the OCBA since 1992.

As a board member of the Central Florida Family Law Inn of Court, an active member of the Collaborative Family Law Group of Central Florida and a

PAGE 16

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

Orange County Bar Association Room Rentals Valentine Special Offer good through the end of February 2011!

Members – Book your daytime meetings and mediations at the OCBA’s spacious downtown center and get 25% off daytime room rental fees.

Book evening meetings or events and we’ll waive the 10% after-hours fee increase!

(Non-member discounts available, too!)

Room set-up ❤ Teleconferencing ❤ Wi-Fi ❤ AV ❤ Food & Beverage ❤ Complimentary coffee, water & snacks!

Call Marie, Seminar/Events Manager, at 407-422-4551, ext 233 or visit the OCBA website at www.orangecountybar.org for details.

the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

PAGE 17

OCBA Luncheon November 18, 2010

Charlie Kiester, Westlaw

The Ballroom at Church Street Sponsored by Westlaw

Cecil B. Wilson, MD President, American Medical Association

Frank Sheppard of Rumberger, Kirk & Caldewll, P.A. receives the 100% Club Certificate from Kristyne Kennedy

Frank Bedell, Cecil B. Wilson, M.D., Brian Wilson

Frank M. Bedell

Photos: Florian Boehm, Boehm & Boehm PAGE 18

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

Kristyne Kennedy presents the 100% Club Certificate to Suzanne McCabe and Phillip Bonus of Bonus McCabe Law Firm

Bob Drean

Leon Handley, Cecil B. Wilson, MD

The Hon. Sally D.M. Kest

Breakfast of Champions • November 12, 2010 The Ballroom at Church Street Glenn A. Adams LAS Board of Trustees

Jamie Billotte Moses, Frank M. Bedell, Glenn A. Adams

Mayanne Downs, President of The Florida Bar Attorney Bethanie Barber and Kamesha Grant

Wiley S. Boston, Kristyne E. Kennedy

Kamesha Grant Mary Anne De Petrillo, LAS Executive Director

Over 300 members and business people attended the 2010 Breakfast of Champions held on November 12 at the Ballroom at Church Street in downtown Orlando. The third annual benefit breakfast rose over $100,000 with $64,116.22 in donations and pledges of over $40,000. A great time was had by all! the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

PAGE 19

Food and Drinks included with price of admission.

Price: $35 for private practice attorneys; $30 for solo practitioners, law students, and government attorneys.

Price will increase to $40 after RSVP deadline, if space is available.

Questions? Email Karen Persis at Kpersis@therosenthallaw.com.

Mail your check (payable to OCBA) to the attention of Karen Persis at The Rosenthal Law Firm, 4798 New Broad Street, Suite 310, Orlando, FL 32814. You must Include a list of your attendees.

PAGE 20

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

YLS on the move Mark Your Calendar!

Jacquelynne J. Regan

The YLS Evening with the Judiciary is coming up on February 23, 2011, at the Rachel D. Murrah Civic Center in Winter Park! This year’s event will have a Mardi Gras theme, and those in attendance will be treated to delicious Cajun food, Bananas Foster and Hurricanes while enjoying jazz music and street performers!

This is a great opportunity for attorneys and judges to socialize in a friendly and relaxed atmosphere. Tickets are $35 for private attorneys and $30 for solos, government attorneys and students. RSVP by February 18 to Karen Persis at kpersis@ therosenthallaw.com. Hurry, because your ticket price will go up to $40 if your RSVP is late! Checks should be made out to the OCBA but delivered to the attention of Karen Persis at The Rosenthal Law Firm, 4798 New Broad Street, Suite 310, Orlando, FL 32814. For additional details, please contact Karen Persis.

The next Brown Bag Lunch with Judge John Marshall Kest is scheduled for Thursday, February 3. This month, Judge John Kest will be accompanied by Council Wooten to instruct young lawyers on professionalism in trial preparation. This program will provide 1.5 hours of CLE credit. Please note that March’s lunch will take place on March 10. If you are interested in joining Judge Kest for the Brown Bag Lunch on February 3 or March 10, please call Judge Kest’s judicial assistant, Diane Iacone, at 407-836-0443 or email her at ctjadi1@ocnjcc.org.

The YLS will be hosting a Happy Hour on Thursday, February 17 from 5:30 p.m. to 7:30 p.m. at Piper’s Downtown

According to Chinese

astrology, the year 2011 is the Year of the White Rabbit.

This year is expected to bring prudence, a sense of purpose, and a renewed focus on home and family. It is also the year of great reward for hard work and new business ventures. This is the year to buckle down and get to work on that business idea that’s been rattling around in your head, while maintaining a clear focus on what’s important outside of work, too.

The YLS is off and running with its programs for 2011! Thanks to our many wonderful members and friends, the YLS Holidays in January WineDown was once again a great success! For the second year in a row, members of the Young Lawyers Section of the Orange County Bar Association, Central Florida Association for Women Lawyers, and the Hispanic Bar Association of Central Florida joined forces to “raise dough” at the downtown Urban Flats for the children of the Boys & Girls Clubs of Central Florida – Downtown Branch, the Oncology Unit of Arnold Palmer Hospital, and United Cerebral Palsy. Members paid $20 for unlimited wine, beer, and appetizers, and all proceeds were used to provide educational tools, gifts, and necessities for the children of these non-profit organizations.

The YLS also matched funds raised up to $1,500! A big thank you to Kimberly Lopez, Anthony Sos, and Jacquelynne Regan and to Urban Flats (downtown) for organizing this special event!

RICHARD B. LORD Full time mediator since 1999 Certified Circuit Civil Mediator Also Qualified to Mediate Florida Appellate and Federal Court Cases Panel Member / Shareholder Upchurch Watson White & Max 800-863-1462 uww-adr.com NEUTRAL FACILITIES AVAILABLE Maitland Daytona Beach Miami Birmingham the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

Sports Bar & Grill, located on the corner of Church Street and Orange Avenue.

This event will benefit Big Brothers Big Sisters of Central Florida. Please RSVP to admin@ocbayls.org for this event. For more information about this event and other YLS happy hours, please contact our social chair, Doug Martin, at admin@ ocbayls.org.

The YLS is looking forward to hosting not one, but two happy hours in the month of March! The YLS will host a “How-To Happy Hour” on Friday, March 11 for students from Barry Law School. Students are invited to again join YLS members for food, drinks, and good conversation, while discussing the ins and outs of effective networking. This will be the perfect time to tell a student about your “I wish I had known” story! RSVP to admin@ ocbayls.org for this event. And don’t miss the Legal Aid Happy Hour on Thursday, March 24, where the YLS will once again join forces with Legal Aid to benefit this important organization. Look for more information about both March happy hours in your YLS email blasts! If you are not currently receiving the YLS emails, please send an email to admin@ocbayls. org to sign up.

The YLS February Luncheon is moving for the month of February! This luncheon will take place on February 17 at 11:45 a.m. at the Orange County Courthouse Judicial Conference Room, 23rd floor.

Please email your RSVP to admin@ ocbayls.org. The cost is $20 if you RSVP before March 15, 2011, or $22 at the door; $12 for law students, government attorneys, sole practitioners, and judges.

The YLS March Luncheon will take place on March 17 at 11:45 a.m. Stay tuned for more details about this special St. Patty’s inspired luncheon! Please email your RSVP to admin@ocbayls.org.

If you want to find out more about the YLS Section and its committees and events, please call me at 407-418-6438 or email me at reganjj@lowndes-law.com. If you are not receiving the YLS email blasts, send an email to me or admin@ocbayls. org to sign up!

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

PAGE 21

L

PARALEGALpost

aw Day’s interesting history began in 1958. Each year, the Soviet Union held a May Day parade of new war weapons, which made headlines in America.

The media attention given to war-making, rather than peace-keeping, distressed Charles Rhyne, the founder of Law Day, inspiring him to establish a day to contrast the United States’ reliance on the rule of law with the Soviet Union’s rule by force.

Law Day 2011

not sign a proclamation praising lawyers.”

Against Adams’ wishes, Rhyne strode into the Oval Office and presented the Proclamation to President Eisenhower. As Eisenhower read the Proclamation, Adams burst into the room yelling, “Do not sign that paper praising lawyers!” After President Eisenhower finished reading the Proclamation, he said, “Sherm, this Proclamation does not contain one word praising lawyers. It praises our constitutional system of government, our great heritage under the rule of law, and asks our people to stand up and praise what they have created. I like it and I am going to sign it.”1

Rhyne drafted a Presidential Proclamation, although it was returned signed by the Secretary of State instead of President Eisenhower. Rhyne wanted President Eisenhower’s signature on the Proclamation, and he pushed Sherman Adams, President Eisenhower’s Chief of Staff, to obtain the President’s signature. However, Adams informed Rhyne that “the President will

The Orange County Bar Association has celebrated Law Day for many years by presenting excellent programs to the community. In 2004, the OCBA’s Law Day

21st Annual Florida High School Mock Trial Competition Orange County Courthouse •••• March 31 - April 2, 2011 Judges and attorneys are needed to serve as presiding and scoring judges for the initial round of competition as well as part of a panel of judges in the Mock Trial Finals.

Each round of competition will last approximately three hours, including judges’ training.

To volunteer or for more information, please contact Erin Crowe, Program Director, The Florida Law Related Education Association, Inc., at 850-386-8223 or ecrowe@flrea.org.

PAGE 22

www.orangecountybar.org

program was recognized by the American Bar Association as “Outstanding Law Day Event of the Year.”

This year’s lineup of events spans a fourweek period. The events include the Pathways in Law program, Judiciary Mentoring program, Goldilocks Mock Trials, High School DUI program, and Poster and Essay Contest, culminating with the awards for the winning entries of the Poster and Essay Contest presented during the monthly OCBA luncheon on April 29, 2011.

This year’s Law Day theme is The Legacy of John Adams, from Boston to Guantanamo.

The first Law Day committee meeting was scheduled for January 28, 2011, at the offices of Roetzel & Andress, LPA, located on the 7th floor of CNL Center II, at 420 S. Orange Avenue, Orlando, Florida, 32801.

If you are interested in joining the Law Day committee, please contact co-chairs Lori Spangler and Catrina Chapin at 407-8962224.

Jason Krause. Charlie Rhyne’s Big Idea: After 50 years, Law Day is still vital to building support for justice principles. ABA Journal. May 1, 2008. Available at: http://www.abajournal.com/magazine/article/charlie_ rhynes_big_idea/.

1

the Briefs February 2011 Vol. 79 No. 2

Foreclosure Mediation

Circuit Court, but one that exceeded the expectations of all parties. From day one her goal has been to go “above and the Orange County Courthouse. Kim beyond” in creating a program that is is responsible for hiring and managing neutral, efficient, and customer-service all external support associated with the driven. program, monitoring and reporting the program’s progress, and communicating Kim holds a J.D. from Cumberland with the judiciary and the OCBA. Law School in Birmingham, Alabama, and has more than 16 years of experience practicing law. She is BENEFITS OF MEDIATION admitted to practice in Florida, • Because of the OCBA’s Residential Alabama, and Georgia. Her Mortgage Foreclosure Mediation program, unique background includes servhomeowners are now given an orderly, ing as a practitioner of family law, organized and dignified opportunity to make working with indigent clients as a staff attorney for the Georgia their case and receive valuable information legal services program in Macon, from their lender.

Georgia, and serving as a juvenile • The parties have the opportunity to prosecutor in the district attorney’s meet at the mediation table early in the office in Gainesville, Georgia. foreclosure case to discuss options, other This needs-focused, hands-on than foreclosure, such as loan modifications, practice of law provides her with real insight into the devastating refinancing options, short sales, the waiving impact of foreclosure. Kim, who of deficiencies by the lender and other is new to the Central Florida options. legal community, also brings an • Homeowners automatically receive important level of neutrality to valuable budgeting information and the program, with her decisions credit counseling, and they are provided based only on what is best for the information to link them to Legal Aid and the program and the process.

OCBA’s Lawyer Referral Service for assistance According to the OCBA’s Execuin obtaining representation should they wish tive Director Brant Bittner, “Kim to retain an attorney. not only has a passion for perfection, she also has a heart for the • Lenders are provided an efficient and program, believing that her good professional mediation scheduling service by work and the RMFMP program the RMFMP scheduling team. can bring due process and order to all parties involved in the turmoil • The RMFMP provides a financial of foreclosure.” I concur, and so document exchange system that assists both do many of those program parhomeowners and lenders in getting the ticipants for whom this important documents they need. program has had an enormous impact. If big problems require Hired in May of 2010, Kim hit the big solutions, the OCBA RMFMP is a ground running and quickly develgreat start on the road to recovery for our oped a “soup to nuts” program for the judicial system and our community.

RMFMP’s required start date of July 2, Nicholas A. Shannin, a partner with Page, 2010. Researching best practices from Eichenblatt, Bernbaum & Bennett, P.A., has been similar programs around the state, her a certified mediator for the OCBA RMFMP goal was to create a program that not since it began last year and has been a member only complied with of the OCBA since 1994. the administrative order set forth by the Ninth Judicial continued from page 6

Carl Bialik. Underwater Homes Stat Springs Leaks. Jan. 7, 2011. Available at http:// blogs.wsj.com/numbersguy/underwater-homes-stat-springs-leaks-1023/ 2 Mark Killian. Progress made in moving foreclosures, but courts brace for even more filings to come. The Florida Bar News. Jan. 1, 2001, Available at http://www.floridabar.org/ DIVCOM/JN/jnnews01.nsf/Articles/B53C7D8F6B858B38852577FF006D14C9.

3 Florida Supreme Court – (Administrative Order 09-54) 4 Ninth Judicial Circuit Court – (Administrative Order No. 2010-11-01) 5 Homestead foreclosure – Defined as a primary home that has received homestead exemption.

1

the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

Kimberly Sands

Richard Lord

Michelle Jernnigan

Finding the road to resolution requires zealous preparation.

Upchurch Watson White & Max uww-adr.com

PAGE 23

The Draves Law Firm, P.A. hosted the Family Law Section of the OCBA for their holiday party on December 14, 2010.

Discounts on CLE! OCBA Members Get your CLEs at an incredible $ 15 per credit hour or less!

O The OCBA Family Law Executive Committee members are Deborah Poindexter (holding son Cooper), Susan Savard, Camy Schwam-Wilcox, Tom Marks and Lori Caldwell-Carr.

(Not pictured - Annabelle S. Actinia-Pratt).

rder individual programs or take advantage of our new 30- or 15-credit hour packages, including ethics, at prices you won’t be able to beat. Download the CD and DVD list at www.orangecountybar. org, and purchase your CLEs today.

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

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

PAGE 24

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

Valuation & Litigation Services Business Valuations

Litigation Support

Forensic Accounting

Adam T. Magill, MBA, AVA, CBA 801 Magnolia Ave, Ste 304, Orlando, FL 32803 407-233-4180 / 407-233-4182 Fax www.valuation-litigation.com / info@valuation-litigation.com

Mike Orfinger

PUBLISH YOUR LEGAL NOTICES in the Gulf Coast Business Review

Serving Eight Florida Counties: Sarasota | Manatee | Hillsborough | Pinellas | Pasco | Lee | Collier | Orange

Sandra Upchurch The Weekly Newspaper for Gulf Coast Business Leaders

Call: (941) 906-9386 | Visit our website: www.review.net

John Briggs

Finding the path to common ground requires relentless perseverance.

Upchurch Watson White & Max uww-adr.com the Briefs February 2011 Vol. 79 No. 2

 

www.orangecountybar.org

PAGE 25

Construction Law

Committee

Practical Considerations when Faced with a Contract Requiring Compliance with E-Verify Michael R. Candes and Monte S. Starr

What is E-Verify?

As of September 8, 2009, federal law prohibits employers for certain federal contracts from knowingly hiring individuals who are not eligible for employment within the United States.1 Specifically, federal law now requires federal contractors to use E-Verify to electronically verify the employment eligibility of employees working on certain federal contracts.2 E-Verify is an Internet-based system that allows an employer to determine the eligibility of an employee to work in the United States by using information reported on that employee’s Form I-9.3 The system is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) and is administered by the U.S. Citizenship and Immigration Service within DHS. E-Verify does not verify an individual’s immigration status. Rather, it only establishes employment eligibility.

Contractors who are awarded a federal contract with an E-Verify clause must enroll in E-Verify. If the contractor has not previously enrolled, enrollment must be completed within 30 calendar days of the award date of the contract. Contractors can enroll in E-Verify by going to the U.S. Citizenship and Immigration Services website.4 When is the use of E-Verify Required?

E-Verify is mandatory for certain federal contractors who engage in federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause. Federal contracts awarded after September 8, 2009, will require contractors to use E-Verify for new hires as well as for current employees who will work on the contract. The contracting official must determine whether the federal contract requires E-Verify by using the following criteria: 1) effective date of the contract is after September 8, 2009; 2) the contract has a performance period that is 120 days or more; 3) the contract’s value exceeds $100,000; and 4) at least some portion of the contract work is performed in the United States. Subcontracts for more than $3,000 for services or construction also qualify for E-Verify if the prime contract includes an E-Verify clause. Suppliers are not subject to E-Verify.5

whether it intends to supplement and/or rotate employees from non-E-Verify projects. This is to ensure that an employee who has not been E-Verified is not assigned to a federal project.

When to E-Verify

Contractors who anticipate bidding on federal contracts now or in the near future should consider preemptively enrolling in EVerify and confirming the eligibility of their employees. Contractors should also begin reviewing the detailed E-Verify User Guide and Supplemental Guide for Federal Contractors found on the U.S. Citizenship and Immigration Services website. For example, the guide explains that “prime contractors are not responsible for verifying the subcontractors’ individual employees. However, the prime contractor must, by whatever means the contractor considers appropriate, ensure all covered subcontracts at every tier incorporate the FAR E-Verify clause…and that all subcontractors use the E-Verify system.”6 In other words, contractors not only have to be familiar with the E-Verify system in order to meet the 30-day requirement, they also need to make sure all of their downstream subcontractors (including subsubcontractors) include the E-Verify clause in their contracts.

Governor Scott’s Recent Executive Order

One of Florida Governor Scott’s first acts as governor was to sign Executive Order 11-02, which mandates that all state agencies, as a condition of all state contracts, utilize the E-Verify system to verify the employment eligibility of “(a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the state agency.”7 Unlike the federal counterpart described above, it is believed that Governor Scott’s intent is to require all employees of a contractor contracting with a state agency to have their employment verified through E-Verify regardless of whether or not that employee is working directly on the contract with the state agency.

Michael R. Candes is a partner with Holland & Knight. He has been a member of the OCBA since 2002.

Practical Considerations

Monte S. Starr is a partner with Holland & Knight. He has been a member of the OCBA since 2006.

Who to E-Verify

Because E-Verify uses information collected on Form I-9 to confirm an employee’s employment eligibility, contractors must ensure their current employee’s I-9 Forms are accurate and upto-date. For federal contracts, this will require contractors who have not used E-Verify before to conduct a human resource audit on every current employee who will be working on a federal contract subject to E-Verify. This audit will include asking current employees to bring in the necessary documentation to identify themselves and verify their employment eligibility. It is recommended that any human resource audit be centralized both to avoid duplicative efforts and to ensure that only verified employees work on federal projects.

Federal contractors will have to decide whether to verify all their employees through E-Verify or only ones assigned to work on a federal project. This decision could depend on whether the contractor has a dedicated workforce assigned to a federal project, or PAGE 26

www.dhs.gov/E-Verify. The E-Verify system is operated by the Department of Homeland Security in partnership with the Social Security Administration.

2 Id. 3 Id. 4 http://www.uscis.gov. This website contains the detailed E-Verify User Manual and Supplemental Guide for Federal Contractors which contains all of the E-Verify requirements.

5 Id. 6 E-Verify Supplemental Guide For Federal Contractors, § 6.2 (emphasis added).

7 In addition to Governor Scott’s Executive Order, Senate Bill 230 and House Bill 271 (2011) are currently pending in the Florida Legislature. Both bills seek to codify E-Verify requirements in the State of Florida.

1

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

the Briefs February 2011 Vol. 79 No. 2

 

www.orangecountybar.org

PAGE 27

THE HEALTH LAW FIRM

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

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

• Medicare/Medicaid Audit Defense

• Pain Management Clinic Representation

• Pain Management Physician Defense

• Medical Malpractice Defense

• DOH/AHCA Investigations

• Insurance Audit Defense

• ZPIC & RAC Audits

• Search Warrant Representation

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

• Petitions for Waiver or Variance

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

• • • • •

• Medicaid Fraud Control Unit (MFCU) Defense

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

• Utilization Review Defense • Preparation/Litigation of Physician Contracts • Nursing Board Cases

• Hospital Credentials Hearings

• Appeal of Emergency Suspension Orders (ESOS)

• Physician Contracts

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

• Partnership Dissolutions • Covenants not to Compete

• Sales/Purchases of Medical Practices

• Commercial Litigation

• Peer Review Defense

• Corporate Law

• Physican’s Personal Counsel

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

PAGE 28

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

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

www.orangecountybar.org

• Opinion Letters • Complex Litigation • Medical Staff Bylaws

the Briefs February 2011 Vol. 79 No. 2

Stuffing stockings for the troops In December, attorneys and staff at Rumberger, Kirk & Caldwell gathered for Packing Day, assembling seasonal care packages for service men and women deployed to Iraq and Afghanistan.

Two Marines who were Med-Evaced from the Marine Reserve Unit deployed to Camp Leatherneck, Afghanistan, were on hand to help. A total of 70 boxes were shipped.

The Red Brigade Filling care packages

the Briefs February 2011 Vol. 79 No. 2

www.orangecountybar.org

PAGE 29

New

Members Regular

Alisia M. ADAMSON

Hylton, Adamson, Watson & Moore 120 E. Colonial Dr. Orlando, FL 32801 407-802-3223 Tark R. AOUADI

Tark R. Aouadi, P.A. 467 Lake Howell Rd., # 201-05 Maitland, FL 32751 407-982-5234 Timothy BANAHAN

State Farm Insurance 3862 Quadrangle Blvd.

Orlando, FL 32817-8342 407-208-7198 Eneid BANO

Bano Law Firm P.L. 6989 Aloma Ave., Ste. 162 Winter Park, FL 32792 407-437-4398 Danielle N. BARBATO

Danielle Barbato, Attorney at Law 1239 Mount Vernon St. Orlando, FL 32803 407-894-9004 Stephen BELLE

Stephen E. Belle, P.A. 189 S. Magnolia Ave., Ste. 1850 S. Orlando, FL 32801 407-648-1428 Brion BERMAN

University of Central Florida 12201 Research Pkwy.

Ste. 501 Orlando, FL 32826 407-882-0342 David BIERMAN

Florida Insurance Advocates 13499 Biscayne Blvd., # 107 North Miami, FL 33181 305-981-9055 Lyndon E. CARTER

Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. 215 N. Eola Dr. Orlando, FL 32801 407-418-6484 Jarrett W. DICKERSON

Foley & Lardner, LLP 111 N. Orange Ave. Orlando, FL 32801 407-244-7131 PAGE 30

Rodney A. EDWARDS

Victoria KOTHARI

Patrick L. MIXSON

Joseph A. FREIN

Brian M. KRACHT

Melanie A. MUCARIO

Kevin R. GOWEN

Erin K. LANDAU

Michael A. NARDELLA

Scott E. LINDQUIST

Sean M. O’TOOLE

Law Offices of Rodney A. Edwards 3610 W. Columbia St. Orlando, FL 32805 407-293-6440 Joseph A. Frein, P.A. 108 Hillcrest St. Orlando, FL 32801 407-649-9133

Rumberger Kirk & Caldwell, P.A. 300 S. Orange Ave., Ste. 1400 Orlando, FL 32801 407-872-7300 Grant G. GRUBICH

Shutts & Bowen, LLP 300 S. Orange Ave., # 1000 Orlando, FL 32801 407-835-6773 Edward R. GUERRETTE, II

Bagley & Langan, PLLC 215 Celebration Pl., Ste. 170 Celebration, FL 34747 407-566-7171 Chase E. HATTAWAY

Rumberger, Kirk & Caldwell, P.A. 300 S. Orange Ave., Ste. 1400 Orlando, FL 32801 407-872-7300 Cara L. HUNTER

The Morsch Law Group 2425 Lee Rd. Winter Park, FL 32789 407-645-3232 Gina M. JACOBS

Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A. 1560 Orange Ave., Ste. 500 Winter Park, FL 32789 407-571-7400 David JIMENEZ

Znosko & Reas, P.A. 2180 W. S.R. 434, Ste. 1168 Longwood, FL 32779 407-786-2900 Lora L. JOHNSTON

333 California Ave. St. Cloud, FL 34769 407-922-4618

Annessa S. KALLOO

2412 Regent Way Kissimmee, FL 34758 407-288-6803

Latham, Shuker, Eden & Beaudine, LLP 390 N. Orange Ave., Ste. 600 Orlando, FL 32801 407-481-5800 Kracht Law Firm, P.A. 112 Annie St. Orlando, FL 32806 407-244-5522 GrayRobinson, P.A. 301 E. Pine St. Orlando, FL 32801 407-843-8880 P.O. Box 720991 Orlando, FL 32872-0991 203-430-0504 Elizabeth M. LORIE

Epic Worldwide, Inc. 160 E. Lake Brantley Dr. Longwood, FL 32779 310-867-3722 Archie O. LOWRY JR.

Potter Clement Lowry 308 E. Fifth Ave. Mt. Dora, FL 32757 352-383-4186

Justin T. MARSHALL

GrayRobinson, P.A. 301 E. Pine St. Orlando, FL 32801 407-843-8880

Natalie J. MARTIN

Diaz Law 425 W. Colonial Dr., Ste. 101 Orlando, FL 32804 407-246-5200 Spensyr A. MAYFIELD

Wicker, Smith, O’Hara, McCoy & Ford P.A. 390 N. Orange Ave., Ste. 1000 Orlando, FL 32801 407-843-3939 Anne McADAMS

U.S. District Court, Middle District of Florida 401 W. Central Blvd.

Orlando, FL 32801 407-835-4270 Michael A. MILLS

Graham & Mills, Attorneys at Law, LLC 2816 E. Robinson St. Orlando, FL 32803 407-392-1048

www.orangecountybar.org

Wicker, Smith, O’Hara, McCoy & Ford P.A. 390 N. Orange Ave., Ste. 1000 Orlando, FL 32801 407-843-3939 Mucario Law, PLLC 1817 N. Orange Ave. Orlando, FL 32804 407-574-8872

Burr & Forman 450 S. Orange Ave., Ste. 200 Orlando, FL 32801 407-540-6620 Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. 215 N. Eola Dr. Orlando, FL 32801 407-418-6486 Camila A. PACHON SILVA

SilzerLaw Chartered 1277 N. Semoran Blvd., Ste. 106 Orlando, FL 32807 407-206-1973 Jeremy T. PALMA

Rissman, Barrett, Hurt, Donahue & McLain, P.A. 201 E. Pine St., Ste. 1500 Orlando, FL 32801 407-839-0120 Dina O. PIEDRA

Luks, Santaniello, Petrillo, Gold & Jones 255 S. Orange Ave., Ste. 750 Orlando, FL 32801 407-540-9170 Sarah H. POMERANCE

Wicker, Smith, O’Hara, McCoy & Ford P.A. 390 N. Orange Ave., Ste. 1000 Orlando, FL 32801 407-843-3939 Lafe R. PURCELL

L. Rainier Purcell, P.A. 1337 W. Colonial Dr. Orlando, FL 32804 407-839-0612 Jamison A. RAYFIELD

Jamison A. Rayfield, P.A. 318 E. Kaley St. Orlando, FL 32806 941-321-4105

the Briefs February 2011 Vol. 79 No. 2

Michelle REEVES

Michelle Reeves, P.A. 7380 Sand Lake Rd. Orlando, FL 32819 407-352-4240 Anne N. ROBINSON

Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. 215 N. Eola Dr. Orlando, FL 32801 407-843-4600 Jennifer E. SEIPEL

The McMahon Law Group, P.A. 1844 W. Fairbanks Ave. Winter Park, FL 32789-4502 407-637-8788 Alexandra H. SLAVENS

Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. 215 N. Eola Dr. Orlando, FL 32801 407-418-6489 Leonard T. SUCCAR

Brent L. Probinsky, P.A. 3414 Magic Oak Ln. Sarasota, FL 34232 941-371-8800 Michelle L. SULLIVAN

Shutts & Bowen, LLP 300 S. Orange Ave., #1000 Orlando, FL 32803 407-835-6803 Astrid M. VELLON

The Law Offices of Astrid Vellon P.A. 1500 S. Semoran Blvd.

Orlando, FL 32807 407-207-8060 Don WAGGONER

Don Waggoner Law, P.A. 917 Verona St. Kissimmee, FL 34741 321-442-0725 Stacey J. WALDORF

Grower, Ketcham, Rutherford, Bronson, Eide & Telan, P.A. 901 N. Lake Destiny Rd., Ste. 450 Maitland, FL 32751 407-423-9545 Christopher J. WYSZYNSKI

5723 Crowntree Ln., # 302 Orlando, FL 32829-8040 904-718-8587

Judiciar y Heather K. O’BRIEN

Osceola County Courthouse 2 Courthouse Sq., Flr. 6 Kissimmee, FL 34741-5487 407-742-2509 the Briefs February 2011 Vol. 79 No. 2

Associates

Mariah N. RICHARDSON

Cheryl E. GONZALEZ

The Gonzalez Family Law Firm 2431 Aloma Ave. Orlando, FL 32792 407-895-8484 Stephanie A. GRIFFIN

Urban, Thier, Federer & Jackson, P.A. 200 S. Orange Ave., Ste. 2025 Orlando, FL 32801 850-245-8352 Greg M. ZOLTON, II

6150 Gulfport Blvd. S. Gulfport, FL 33707 727-773-7922

Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 32714 407-660-1040 Margaret D. ROTH

Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 32714 407-660-1040 Cassandra L. RYALS

Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 32714 407-660-1040 Katherine M. SPERA

Affiliates Susan T. BORTNICK-CROSBY

Hilyard, Bogan & Palmer, P.A. 105 E. Robinson St., # 201 Orlando, FL 32801 407-425-4251 Jeanette R. CHURN

Fishback Dominick 1947 Lee Rd. Winter Park, FL 32789 407-425-2786

Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 32714 407-660-1040 Bonnie STANFORTH

Dean Mead P.O. Box 2346 Orlando, FL 32802-2346 407-428-5117 Sharon R.VEGREN

Natalie F. COLON

Greenberg Traurig 450 S. Orange Ave., Ste. 650 Orlando, FL 32801 407-317-8551 Tammy L. HALL

Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 32714 407-660-1040

Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 32714 407-660-1040 Tonya R. WESTWOOD

Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 31714 407-660-1040

Law Students Anthony J. ALBURY

Nancy L. JORDAHL

Rumberger, Kirk & Caldwell, P.A. 300 S. Orange Ave., Ste. 1400 Orlando, FL 32801 407-839-4551 Virginia M. LONG

Barry University Dwayne O. Andreas School of Law 6441 E. Colonial Dr. Orlando, FL 32807 407-506-8105

Nisi Law Firm, P.A. 587 Lake Howell Rd. Maitland, FL 32751 407-622-2550

Richard BELLAMY

Michelle M. McKINNIE

Danielle BROOME

5042 Wilshire Blvd., # 15050 Los Angeles, CA 90036 310-909-7229

Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. 2 S. Orange Ave., 5th Flr. Orlando, FL 32801 407-425-1020

Barry University 6441 E. Colonial Dr. Orlando, FL 32807 321-206-5600

Bruce E. MOROSCO

Florida Dispute Resolution Group, LLC 617 Laurel Cove Ct., Apt. 105 Orlando, FL 32825 407-601-4856

1stUMediate.com 800 Belle Terre Pkwy.

Bldg. 200, Ste. 327 Palm Coast, FL 32164 904-473-8853

Sarah GULATI

P.O. Box 917554 Longwood, FL 32791 321-439-3375 Brian KOZLOWSKI

1950 Reefpoint Dr., Unit 102 Orlando, FL 32814 860-966-9414 Christine J. LOMAS

5733 Oak Lake Tr. Oviedo, FL 32765 407-977-5099

Mary H. MASTERTON

930 Maplewood Ave. Tallahasee, FL 32303 850-212-2507

Hunter D. PATTERSON

511 Contravest Ln. Winter Springs, FL 32708-6338 407-797-1130 Guno O. RITFELD

Resolute Mediation & Arbitration, Inc. 301 E. Pine St., Ste. 150 Orlando, FL 32801 407-298-3751 Tinelle S. ROSE

208 Sandalwood Dr. Kissimmee, FL 34743 321-443-7530 Michael J. SANGIORGIO

20 W. Lucerne Circle Apt. 505 Orlando, FL 32801-3728 631-786-0462

Melissa T. STRASSNER

Barry University School of Law 6441 E. Colonial Dr. Orlando, FL 32807 321-206-5600 Charles R. WADE

2153 Seaport Circle, #103 Winter Park, FL 32792-1201 772-834-5994 Christopher A. WEAVER

2350 Phillips Rd., # 7-206 Tallahassee, FL 32308 352-874-4712

George C. GASPARD

www.orangecountybar.org

PAGE 31

Presentation Skills

for Lawyers

H

Organizing Your Presentation for Maximum Impact

ave you ever been to a presentation where you listened to a speaker for an hour or more, but then walked away and asked yourself, “What the heck did he just say?”

A speaker I watched recently was entertaining, interesting, and engaging… but he rambled from point to point, place to place and story to story. There was no cohesive theme to the presentation. There was no logical order to the arrangement of his ideas. When he finished, I had absolutely no idea what he was talking about.

The terrible thing was this: I wanted to remember what he said. I wanted to learn the information. But his organization made it impossible for me to absorb it.

How about you? Are you making it difficult for your audiences to understand you?

Are you preventing them from walking out of the room with your information?

As a lawyer, you earn your living by communicating ideas. When judges, juries, or arbitrators can’t follow the flow of your ideas, your client suffers. Here are three tips to help you organize your presentations to ensure the decision maker follows your presentation and doesn’t get lost.

1. You need to actually organize your presentation. What do you plan to say?

What are the major points of your presentation? What do you want the audience to remember?

If you don’t know yet, you’re not ready to make your presentation. No matter how much you know about the subject, you can’t just expect that it’s all going to come together once you take the stage,

address them in.

Tell your audience what path you plan to lead them along, and it will be easier for them to follow you.

grab the microphone, or rise to address the jury. Very few presenters can “wing it.” And, even those who can are dramatically better when they prepare.

Invest the time in advance to ensure you’re properly prepared to present. Outline your presentation on a single page to see whether the order flows smoothly. Are the main points grouped together? What are the most important ideas you want the audience to remember? Do they stand out? Until you can answer these questions, you’re not organized enough to present.

However, once you’ve actually organized your presentation, the remaining steps will be easy to follow.

2. Tell the audience where you’re going.

Have you ever given someone a ride and relied on them for directions? Although they knew exactly where they needed to go, did they parcel out the directions on a “need to know basis,” shouting out, “Turn left!” or “Turn here!” moments before you needed to turn?

How frustrated did you get? Did you miss any turns because you didn’t know where you were going or weren’t fast enough to follow their directions?

It’s easier to travel when you know your destination in advance. That’s also true for your audience. They’ll have an easier time following your ideas when you tell them in advance, “Here’s where we’re going.” Give them a roadmap for the presentation. If you’re going to address three separate issues, tell your audience what the issues are and what order you’ll

3. Point out Elliott Wilcox landmarks along the way. As you lead the audience to their final destination, help the audience identify the landmarks along the journey. The landmarks in your presentation are those major points, ideas, or areas you want them to remember after you’re finished. There are several different ways you can point out the landmarks for your audience: • Magic words: “First…” “Second…”

“Third…” For example, “The first reason the plaintiff’s case law doesn’t apply to this case is…”

• Fingers: As you address each point, raise your hand and hold up the number of fingers that correspond to the idea you’re presenting.

• Visual aids: Show the audience a different slide, poster or other visual image as you reach each stage of your presentation.

• Physical movement: Move to different places on the stage or in the courtroom as you discuss each major point. For example, every time you discuss “damages,” you move to the far left side of the jury box.

Where are you leading the audience? To be the guide they can trust, you need to know where you’re taking them, tell them where you’re leading them, and point out the important landmarks along the way.

When you do that, your audience will reach their final destination safely, they’ll know how they got there and, most importantly, they’ll remember how to return to that destination, even after you’ve left the room.

JAMES F. PAGE, JR., ESQ., MEDIATOR z 31 years statewide trial lawyer z Supreme Court Certified Circuit Mediator since 2001

Elliott Wilcox is the editor of Trial Tips Newsletter, which is read by more than 6000 people every week. To sign up for your free subscription, please visit www.TrialTheater.com.

z Engaging, enthusiastic, and patient negotiator Online scheduling available. Up-to-date calendar at www.pagemediation.com or call cell at 407-341-0069.

Now also providing legal placement for firms & professionals in joint venture with Jim Bindley, Esq. of www.bindleyassociates.com.

PAGE 32

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

New Partners

Wooten. Feel free to bring your lunch. RSVP to Diane Iacone at 407-836-0443 or ctjadi1@ocnjcc.org.

Michael Candes – Holland & Knight

Feb. 4 – Food for Thought Seminar: New Rule 2.420- Redacting

Monte Starr – Holland & Knight

Speaking Engagements

Confidential Information. Paralegal Section. 11:30 p.m.-1:00 p.m. OCBA Center. Contact: Amy Guy at 407-601-4905.

Thomas Wade (Tom) Young of Thomas Wade

Feb. 8 – Basic E-discovery. Legal Holds and Trends in E-

Young, P.L. recently presented Job Hazard No. 1: Ethics Complaints at the 2010 National Association of Insurance Commissioners Continuing Legal Education and Annuity Sales & Suitability Seminars.

Brendan Lynch with Lowndes, Drosdick,

Doster, Kantor & Reed, P.A., spoke about recent case law in the eminent domain arena at the Association of Eminent Domain Professionals (AEDP) conference in Orlando, FL. The AEDP conferences provide the opportunity for education surrounding the field of eminent domain, communication and networking.

Dennis Wall of Winter Springs and Orlando

spoke at the American Conference Institute’s 21st National Advanced Forum on Bad Faith Litigation at the Hyatt Regency Grand Cypress in Orlando on November 30, 2010. He spoke on Dealing with Catastrophic Disasters: How to Properly Investigate and Handle Overwhelming Claims.

Melody James, Brendan Lynch and Crystal Espinosa Buit, associates with Lowndes, Drosdick,

Doster, Kantor & Reed, P.A., presented an eDiscovery seminar to the Federal Bar Association in December 2010. They focused on the burgeoning laws of eDiscovery and Technology, including a discussion of the proposed new Federal Rule of Civil Procedure on preservation and spoliation, as well as recent case law in the civil and criminal arenas.

discovery. In-house Counsel Committee. 12:15 p.m.-1:15 p.m.

Registration: 11:30 a.m. OCBA Center. CLE: 1.0. Speaker: Drew Sorrell. Lunch sponsored by Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Contact mariew@ocbanet.org.

Feb. 22 – What Every Solo Practitioner Needs to Know about

Hiring and Firing. Solo & Small Firm Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: John Finnigan. Contact: mariew@ocbanet.org.

Mar. 2 – Florida Commercial Real Estate Receiverships. Business

Law Committee. 11:00 a.m.-2:30 p.m. Registration: 10:30 a.m. OCBA Center. Fee: $25. CLE: 3.5 (pending). Speakers: Patricia Nooney and William Moss of CB Richard Ellis.

Contact: mariew@ocbanet.org.

Mar. 4 – Food for Thought Seminar; Topic TBA. Paralegal

Section. 11:30 a.m.-1:00 p.m. OCBA Center. Contact: Amy Guy at 407-601-4905.

Mar. 10 – Topic: TBA. Brown Bag Lunch with John Kest.

12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Feel free to bring your lunch. RSVP to Diane Iacone at 407-836-0443 or ctjadi1@ ocnjcc.org.

Mar. 11 – How Not to Become a Victim of Identity Theft. 11:30

a.m-2:30 p.m. CLE: 2.0. OCBA Center. Presented by The National Crime Stop Program. Fee: $10. Speakers: Kevin M. Gilpin, Christopher Gilpin. Lunch sponsored by Curtis Protective Services. RSVP by March 7 to mariew@ocbanet. org.

Mar. 16 – Private Recovery of Damages to Public Waters: A

Transitions

Tidal Wave of Limitless Liability? Insurance Law Committee.

12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending).

Speaker: Chris Kolos. Contact: mariew@ocbanet.org.

Robert E. Mansbach, Jr., a partner at the firm of

Mar. 18 – Get to know Judge Tim Shea. Family Law

Zimmerman, Kiser and Sutcliffe, P.A., passed away on December 25, 2010. He had been a member of the OCBA since 1975. Mr. Mansbach is survived by his wife, Daisy, his daughter, Alexandra, his son, Christopher, his parents and an extended family. We extend our deepest sympathy to Mr. Mansbach’s family, colleagues, and friends.

Events Evening with the Judiciary. 5:30 p.m.-8:00 p.m. Rachel D. Murrah Civic Center, 1050 W. Morse Blvd., Winter Park. Fee: $35 ($30 for solo and government attorneys and law students). Contact: Karen Persis at kpersis@ therosenthallaw.com.

Seminars Feb. 3 – Professionalism in Trial

Preparation. Brown Bag Lunch with Judge John Kest.

12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Speaker: Council

Mar. 26 – Solo & Small Firm Committee Major Seminar.

Details: TBA. Contact: mariew@ocbanet.org.

Other News Barry School of Law – The Center for Earth Jurisprudence

Feb. 23 – Evening with the Judiciary. A Mardi Gras

the Briefs February 2011 Vol. 79 No. 2

Committee. 12:00 p.m.-1:00 p.m. OCBA Center. Contact: mariew@ocbanet.org.

and Barry University School of Law host Water Justice for All, the second Future Generations Conference on February 4, 2011, at the law school in Orlando. Keynote speaker Maude Barlow is the National Chairperson of the Council of Canadians and chairs the board of Washington-based Food and Water Watch. She will be joined by state and local experts. CLE applied for. Contact jgoddard@mail.barry.edu or 321-206-5788 for more information and to register.

Correction: New affiliate member Linda C. Ralston’s contact information is: Rissman, Barrett, Hurt, Donahue & McLain, P.A., 210 E. Pine St., P.O. Box 4940, Orlando, FL 32802; phone: 407-839-0120.

It was incorrectly listed in November’s issue of The Briefs.

www.orangecountybar.org

PAGE 33

Allen & Murphy, P.A. Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A. Anthony-Smith Law, P.A. Billings, Morgan & Boatwright, LLC Bodiford Law Group Bonus McCabe Law Firm BrewerLong, PLLC Burr & Forman LLP Calandrino Law Firm, P.A. Carsten & Ladan, P.A Chaires, Brooderson & Guerrero, P.L. Cohen Battisti, Attorneys at Law DeCiccio & Johnson Dellecker Wilson King McKenna & Ruffier, LLP Dempsey & Associates Dewitt Law Firm, P.A. Diaz & Moss Didier Law Firm, P.A. Earle & Smith Trial Attorneys Fishback, Dominick, Bennett, Stepter, Ardman Ahlers & Langley, LLP Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A Fowler White Boggs Banker P.A. Giles & Robinson, P.A. Gregory S. Martin & Associates, P.A. Harris, Harris, Bauerle & Sharma Hefley Law Group, P.A. Hilyard, Bogan & Palmer, P.A. Innes & Meehle, P.L. James H. Monroe, P.A. Jill S. Schwartz & Associates, P.A. King, Blackwell, Downs & Zehnder, P.A. Kirkconnell, Lindsey, Snure, & Ponall, P.A. Korshak & Associates, P.A. Law Office of David Maxwell, P.A. Law Office of Frank G. Finkbeiner Law Offices of Blair T. Jackson, P.A. Law Offices of Farr and Bowen, P.L. Law Offices of Neal T. McShane, P.A. Law Offices of Walter F. Benanati Credit Attorney, P.A. Legal Aid Society of the OCBA Lewis & Crichton, Attorneys at Law Lynum & Sanchez, P.A. Marcus & Myers, P.A. Marshall, Dennehey, Warner, Coleman & Goggin, P.A. McElyea, Santos & Barnard, P.A. McMichen, Cinami & Demps McMillen Law Firm, P.A.

Michael R. Walsh, P.A. Morris Legal Group, PLLC Murrah, Doyle and Wigle, P.A. N. Diane Holmes, P.A. Neduchal & MaGee, P.A. Ossinsky & Cathcart, P.A. Page, Eichenblatt, Bernbaum & Bennett, P.A. Perla & Associates, P.A. Quintairos, Prieto, Wood & Boyer, P.A. Ringer Henry Buckley & Seacord, PA Roetzel & Andress, LPA Ruden McClosky P.A. Rumberger, Kirk & Caldwell, P.A. Sawyer & Sawyer, PA Schlegel Law Group SeifertMiller, LLC Southern Trial Counsel, PLC Stovash, Case & Tingley, P.A. Sublette Law Offices Tangel-Rodriguez & Associates The Aikin Family Law Group The Brennan Law Firm The Carlyle Appellate Law Firm The Carr Law Firm, P.A. The Draves Law Firm, P.A. The Law Office of Frank A. Hamner, P.A. The Law Office of Richard A. Culbertson The Law Offices of Terry L. Bledsoe, P.A. The Marks Law Firm, P.A. The Morsch Law Group The Rosenthal Law Firm, P.A. The Skambis Law Firm The Zeini Law Firm, P.A. Vose Law Firm, LLC Warner + Warner, P.L. Weiss, Grunor & Weiss West, Green & Associates, P.L. Wicker, Smith, O’Hara, McCoy & Ford, P.A. William G. Osborne, P.A. Winderweedle, Haines, Ward & Woodman, P.A Wolff, Hill, McFarlin & Herron, P.A. Wooten, Kimbrough and Normand, P.A. Yergey and Yergey, P.A.

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

The OCBA is pleased to offer these new copying services

at the Orange County Courthouse.

Copies can be made conveniently and easily using coins, $1 and $5 bills, or credit and debit cards: Visa, MasterCard, and Discover.

A four-copy minimum is required for credit or debit card transactions.

Credit Card and Coin Changer - Resource Room on 3rd Floor

Thanks for your support of the OCBA! PAGE 34

www.orangecountybar.org

DEX imaging Copiers, Printers, Scanners & Document Management

the Briefs February 2011 Vol. 79 No. 2

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

Announcements CAPLAN & ASSOCIATES, P.A. in Orlando, Florida is pleased to announce that Daniel C. Oliver, Esq., has joined the firm as an associate and will practice in the areas of family law, probate and estate planning and bankruptcy.

EMPLOYMENT SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys with 3-5 and 5-10 years litigation experience for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751 PERSONAL INJURY PROTECTION AND SIU: AV rated well-respected law firm seeks associate with two plus years of PIP litigation experience for our Orlando office. Applicants must be a member of the Florida Bar and possess superior communication skills. Send letter of interest and resume to robert.bartels@ rissman.com.

MAITLAND LAW FIRM seeking part-time legal assistant for various administrative tasks. Legal background and flexibility with work hours required. Must be proficient in Microsoft Word. Non-smokers only need apply. Fax resume to 407-6221884.

If you are motivated, have a strong work ethic, and take pride in being part of a successful team – this is for you. FAMILY LAW associate with 2+ years experience sought by well-established Orlando law firm offering great opportunity. Bilingual (Span/Eng). Criminal law experience is a plus. Email resume to admin@ LongwellGentle.com.

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

Send resume to: Hiring Partner, Ogden, Sullivan & O’Connor, PA, 113 S. Armenia Avenue, Tampa, FL 33609, or to cbostic@ogdensullivan. com DOWNTOWN ORLANDO AV RATED FIRM seeks attorney with 2 years commercial litigation experience.

Great work environment and excellent benefit package. Send resume in

the Briefs February 2011 Vol. 79 No. 2

confidence to Administrator, P.O. Box 3388, Orlando, Florida 32802-3388 PUERTO RICO/FLORIDA COMMERCIAL LITIGATION FIRM seeks Florida licensed attorney also licensed in Puerto Rico for firm’s Tampa Bay area office. Outstanding academic credentials and successful employment history required.

Occasional travel to firm’s PR office may be required. Position offers highly competitive compensation package along with immediate client contact and major case responsibility.

All inquiries will be treated with the utmost confidentiality. Please send your resume to lawofficehr@yahoo. com EXPERIENCED COMMERCIAL LITIGATION PARALEGAL NEEDED for very busy downtown Orlando law firm with growing commercial litigation practice. Foreclosure, construction litigation, and title claims litigation experience is a plus. Must be able to draft some pleadings and have a pro-active attitude toward work assignments. Great work environment and competitive salary and benefits. Send resume in confidence to jholt@southmilhausen. com or via facsimile to (407)5392679 REAL ESTATE ASSOCIATE needed for busy East Central Florida firm. Minimum two years of commercial real estate experience representing lenders and general real estate litigation. Contact mitch@ mgoldmanlaw.com BOGIN, MUNNS & MUNNS seeks of counsel attorneys: keep your own practice; we provide office, equipment, furniture, and receptionist; referral work available for criminal defense, general civil litigation, domestic law and other practice areas with fee sharing agreement. Send reply in confidence to bmm@boginmunns.com.

AV-RATED Downtown Law Firm seeks litigation attorney with 3-5 years of experience to join established and growing law firm. Immediate Opening. We offer a competitive salary along with a comprehensive benefits package and partnership track. Requires include: insurance defense and commercial litigation experience, excellent communication skills (oral and written), strong work ethic and non-smoker. For consideration, please email your resume to Partner c/o kss25@dbksmn. com or fax 407-992-3595.

SMALL AV RATED corporate, real

estate firm seeks experienced attorney as a firm member capable of handling sophisticated work to add to your existing practice. Send resume in confidence to jerry@johnpierce.com.

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

Internet, utilities, conf room, lobby area and secretarial space. Monthly lease. $1000 – Call Becki at 407-4812888. www.BumbyOffices.com OFFICE SPACE FOR RENT DOWNTOWN! Two single offices for rent in 2300 ft2 law office. Basic furniture, telephone, internet and utilities included. Free parking.

Conveniently located downtown, walking distance to courthouse! Call Karlyn Hylton at 407-802-3223 to inquire.

DOWNTOWN ATTORNEY OFFICE AVAILABLE-one office in shared suite. Full service including receptionist, copy machine, fax machine, conference rooms, parking, telephone, long distance, etc. Call Cori at 407-956-1000.

DOWNTOWN – NEAR COURTHOUSE - Elegantly restored historic building on the corner of E. Pine and Court Street.

Offices for 1-6 attorneys and staff.

Share receptionist, conference rooms, etc. 407-426-2060 or tmhoepker@ yahoo.com

WINTER PARK shared space with nice attorney’s office, paralegal station, conference room, phone system, copier, janitorial, free parking. Litigator preferred to help with litigation practice. Call/e-mail (407) 628-9081 x 111 or wra@ wendyandersonpa.com.

DISTINGUISHED OFFICE SPACE in private building near downtown. 2000 sq ft. Six private offices, reception, 3 washrooms, kitchen, parking, pristine condition.

1000 sq ft add’l . available.

Reasonable rent and terms. 407-8552020

DOWNTOWN ORLANDO LAW FIRM- Space Share: Large luxury offices with 2 to 4 paralegal stations, best views, telephone service (including LD), DS3 internet, copier, fax, 3 conference rooms, network, receptionist, kitchen, and parking included. (407) 425-5775

O F F I CE S PACE FOR SALE/ R ENT / L E A SE DOWNTOWN OFFICE LEASE 1000 Sq Ft $1200.00/mo, Colonialtown South, Stand alone, plenty of parking, 407-895-7557 OFFICE SPACE IN DOWNTOWN ORLANDO FOR RENT All-Inclusive, Fully Furnished Office For Rent. Includes, Receptionist, Phone, Internet, Conference Rooms, Parking, Beverages, Kitchen. Please call Angela at 407-447-1919 for Details. www. bizhubclub.com LARGE OFFICE SUITE FOR RENT: Excellent Downtown Orlando location, free standing building, includes reception service, telephone, copier, fax, conference rooms and free parking. Call Sandy at 407-843-7060.

PROFESSIONAL SE R V I CES THE LEGAL MEDICINE GROUP - “Excellence in Medical Records Pre-Screening Reviews and Affidavits”. * Litigation Support Services * All Board Certified Reviewers and Expert Witness * Medical Malpractice, Personal Injury and Product Liability * 407-790-4080 legalmedicinegroup@yahoo.com www.legalmedicinegroup.com

CLASSIFIED & DISLAY Ad PLACEMENT:

Please contact

William Remensnyder

williamr@ocbanet.org

407-422-4551 • ext. 225

FURNISHED SUITES – near downtown, free-standing bldg w/ dedicated parking, includes phone,

www.orangecountybar.org

PAGE 35

OCBA CALENDAR February - March 2011

February

OCBA Luncheon Lucas Boyce

Director of Community Relations, Multicultural Insights & Government Affairs, Orlando Magic

Thursday, February 24, 2011 RSVP by Friday, February 18, 2011 to: reser vations@ocbanet.org Sponsored by Marsh U.S. Consumer, a service of Seabury & Smith, Inc.

Real Property Law Committee 12:00 p.m. • Bar Center

18 & Small Firm Seminar 22 Solo

What Lawyers Need to Know About Family Law Committee 12:00 p.m. • Bar Center

2

Business Law Committee Please contact chair.

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

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

Hiring & Firing 12:00 p.m. • Bar Center

Crime Stop Program 11 National How Not to Become Victim of Identity Theft

Bag Lunch with Judge J.M. Kest Evening with the Judiciary

3 Brown Professionalism in Trial Preparation 23

5:30 p.m. • Rachel D. Murrah Civic Center 12:00 p.m. • Courthouse 23 Flr. Judicial Conference Rm. OCBA Luncheon 24 Lucas Boyce Paralegal Section Seminar Director of Community Relations,

4 New Rule 2.420- Redacting Multicultural Insights & Government

11:30 a.m. ∙ Bar Center

Family Law Executive Committee 11:45 a.m. • Houlihan’s

rd

Confidential Information 11:30 a.m. • Bar Center

Workers’ Compensation Committee 11:45 a.m. • Smokey Bones

Affairs, Orlando Magic 11:30 a.m. • Church Street Ballroom

15 Law Committee 16 Elder

12:00 p.m. • Bar Center

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

Law Committee 7 25 Bankruptcy

12:00 p.m. • Bar Center Counsel Committee Seminar Criminal Law Committee 8 In-house Basic E-discovery: Legal Holds and Trends 1:30 p.m. • Courthouse Jury Assembly Rm. Intellectual Property Committee 12:00 p.m. • Bar Center

in E-discovery 12:15 p.m. • Bar Center

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

Please contact chair.

Guardianship & Trust Committee March 9 Estate 12:00 p.m. • Bar Center Business Law Committee Seminar

2

Florida Commercial Real Estate Executive Council Meeting Receiverships 11:00 a.m. • Bar Center

4:30 p.m. • Bar Center

10

Real Property Law Committee 12:00 p.m. • Bar Center

17

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

Federal Judicial Relations 3 12:00 p.m. • Judge Conway’s Chambers Law Committee Seminar 18 Family

Get To Know Judge Tim Shea Section Seminar 12:00 p.m. • Bar Center

4 Paralegal Food for Thought TBA 11:30 a.m. • Bar Center & Small Firm Seminar 22 Solo

Major CLE Seminar – Topic TBA Property Committee TBA • Bar Center 8 Intellectual

12:00 p.m. • Bar Center Labor & Employment Committee Estate Guardianship & Trust Committee 23 12:00 p.m. • Bar Center 9 12:00 p.m. • Bar Center Luncheon 24 OCBA Judicial Relations Committee

11:30 a.m. • Church Street Ballroom 12:15 p.m. • Courthouse 23 Flr. Judicial Conference Rm. Law Committee 25 Bankruptcy

12:00 p.m. • Bar Center

11

Family Law Executive Committee 11:45 a.m. • Houlihan’s Workers’ Compensation Committee 11:45 a.m. • Smokey Bones

15 & Employment Law Committee 16 Labor

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

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

rd

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

Luncheon 17 YLS

11:45 a.m. • Courthouse 23rd Flr. Judicial Conference Rm.

Criminal Law Committee 1:30 p.m. • Courthouse Jury Assembly Rm. Please contact chair.

10

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

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

Insurance Law Committee Seminar Private Recovery of Damages to Public Waters: A Tidal Wave of Limitless Liability?

12:00 p.m. • Bar Center

YLS Luncheon 11:45 a.m. • See YLS email blasts.

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

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

PAGE 36

www.orangecountybar.org

the Briefs February 2011 Vol. 79 No. 2

Ê , Ê9"1Ê

ÊÊÊÊÊ

"1 / ÊÊÊ ÊÊÊÊ ",Ê9"1,Ê7", ¶

ÊÞ ÕÊ>à ÊÞ ÕÀÊV i ÌÃÊÌ Ê«>ÞÊv ÀÊÞ ÕÀÊ ÃÌ> iö i> Ì Ê >ÀiÊ*À Û `iÀÃÊÃ Õ `ÊLiÊ>VV Õ Ì>L iÊv ÀÊÌ i ÀÊ ÃÌ> ið ÌÊ Õ Ê >ÜÊ À Õ«]Ê*° °] Ê

ÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÜiÊLi iÛiÊ Ê>VV Õ Ì>L ÌÞ° 7iÊ>ÀiÊ Ài`ÊÌ ÊÀiVi ÛiÊÌ iÊÛ>ÃÌÊ > À ÌÞÊ vÊ ÕÀÊV>ÃiÊ ÀiviÀÀ> ÃÊvÀ Êvi ÜÊ >ÀÊ i LiÀÃ]ÊÜ Ì ÊÜ ÊÜi à >ÀiÊviiÃÊ Ê>VV À`> ViÊÜ Ì ÊÌ iÊ >ÀÊ,Õ ið

• Insurance Coverage • Bad Faith • Serious Personal Injury "%70$"5*/( '03 +645*$&

• Product Liability • Medical Malpractice

4 0 0 N . A s h l e y D r i v e / S u i t e 2 0 5 0 / Ta m p a , F L 3 3 6 0 2 8 1 3 - 2 2 8 - 7 0 7 0 / 8 6 6 - G U N N L AW / w w w. g u n n l a w g r o u p . c o m

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

880 North Orange Avenue Orlando, Florida 32801

Anatomy of a Rollover... /CCUPANT %JECTIONS

2OOF #RUSH 3EATBACK &AILURES 'LASS 'LAZING #LAIMS

3EATBELT $EFECTS 3IDE !IRBAG #LAIMS

6EHICLE 3TABILITY %3# 4READ 3EPARATIONS

Dissecting your Rollover Case )N MOST ROLLOVER ACCIDENTS MORE THAN JUST ONE DEFECT THEORY EXISTS .UMEROUS FACTORS MAY HAVE CONTRIBUTED TO YOUR CLIENT S INJURIES ,ET US HELP YOU EVALUATE YOUR ROLLOVER CASE TODAY

9OU MAY HAVE A PRODUCT DEFECT CASE

ASK THE QUESTION. Call 407.895.3401 or visit ProductSafetyAttorneys COM ROLLOVER Let us evaluate your product defect claim today.

.ORTH /RANGE !VENUE s /RLANDO &,

© 2010 InfinaLaw