Orange County Bar Association - The Briefs - February 2018

Page 1

The Honorable Daniel E. Traver James G. Glazebrook Memorial Bar Service Award

Glenn A. Adams, Esq. William Trickel, Jr. Professionalism Award

Amber N. Davis, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

Inside this Issue: Inside this Issue:

President’s Message Valentine’s Day: A Day of Appreciation Liz McCausland, Esq. Professionalism Committee OCBA 2018 Professionalism Award Recipients February 2018 Vol. 86 No. 2

Technology Committee Mobile Technology in Your Law Firm – Using an iPad to Manage Your Day-to-Day Litigation Practice Richard B. Schwamm, Esq.

Legal Aid Society What We Do... Home Sweet Home: From China to Orange County Donna A. Haynes



O R L A N DO M EDI ATI ON THE POWER OF CONVERSATION

Our experience as Trial Lawyers helps us understand the financial and emotional costs of litigation. Resolution requires a mediator with the skills and experience to understand complex factual and legal issues. We pledge to provide extraordinary service, work diligently and patiently, and explore every possibility to reach a solution that works for you and your client.

Lyzette SanGermain

Ken Cotter

Maria Espinosa

Jonathan Simon

Convenient online scheduling from your mobile device or call our office.

407-757-2875 OrlandoMediation.com


PRSRT STD U.S. POSTAGE PAID MID-FL FL PERMIT NO. 581

880 North Orange Avenue Orlando, Florida 32801

407.622.2111

TRIAL LAWYERS PROVEN &

TRUSTED

BIG FIRM RESOURCES. ANCHORED WITH SMALL FIRM SERVICE.

WWW.PKBLAWFIRM.COM PROVEN COURTROOM LAWYERS. TRUSTED CO-COUNSEL.

ORLANDO | TAMPA


Orlando (407) 841-9866

Contact Us For Co-Counsel Opportunities.

W WW. H PSL EGAL .CO M

theBriefs February 2018  Vol. 86 No. 2

www.orangecountybar.org

Fort Lauderdale (954) 523-9922

PAGE 1


Contents 3

President’s Message Valentine’s Day: A Day of Appreciation Liz McCausland, Esq.

4

16

Ninth Judicial Circuit Court News Ninth Judicial Circuit Court Investitures

©2018

Co-Editors Téa Sisic, Esq. & David A. Meek, Esq.

19-21

Associate Editors C. Andrew Roy, Esq., Kate T. Hollis, Esq.

24-25

Hearsay Columnist Vanessa A. Braga, Esq.

10th Annual Breakfast of Champions

Clerk’s Corner Court Dates Now Searchable on Clerk’s Website Tiffany Moore Russell, Esq.

the Briefs

Special Paralegal Section Paralegal Section Toys for Tots Holiday Party Peonca S. Grier, CP, FRP

6

YLS on the Move Jennifer Smith Thomas, Esq. SideBar Alena V. Baker, Esq.

29

Professionalism Committee OCBA 2018 Professionalism Award Recipients OCBA February Luncheon

Paralegal Post Florida Registered Paralegal Standing Committee Summary of the June 22, 2017 Meeting Lori M. Spangler, FRP

9

31

7

Chief’s Column In Honor of Black History Month The Honorable Frederick J. Lauten

10

Elder Law Committee Preserving Social Security and Medicaid Benefits with an ABLE Account Kristine L. Tucker, Esq.

12

Technology Committee Mobile Technology in Your Law Firm – Using an iPad to Manage Your Day-to-Day Litigation Practice Richard B. Schwamm, Esq.

14

SideBar Alena V. Baker, Esq.

33

YLS on the Move Jennifer Smith Thomas, Esq.

34

New Members

37

Announcements

38

Classifieds

40 Calendar

Legal Aid Society What We Do... Home Sweet Home: From China to Orange County Donna A. Haynes

w OFFICERS Elizabeth F. McCausland, Esq., President Richard S. Dellinger, Esq., President-elect Mary Ann Etzler, Esq., Treasurer LaShawnda K. Jackson, Esq., Secretary w EXECUTIVE COUNCIL Amber N. Davis, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Wiley S. Boston, Esq., Ex-officio Keshara D. Cowans, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Marketing & Sponsorship Manager Amanda Nethero

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 ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

PAGE 2

www.orangecountybar.org

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

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

theBriefs February 2018 Vol. 86 No. 2


President’sMessage

February 2018 F Liz McCausland, Esq.

Valentine’s Day: A Day of Appreciation

ebruary is the best month of the year. Really! It is short but it packs a lot of fun. Besides the fact that is it is the month of my birth, it often also includes such holidays as Chinese New Year, Mardi Gras, Valentine’s Day, President’s Day and, every fourth year, Leap Day. Of all of the days I just mentioned, there is only one that frequently elicits groans of distress like Valentine’s Day does. Those who are in relationships start to perspire at the thought of what to do or get their significant other in recognition of the day. Those who are single bemoan the holiday as a “fake holiday” designed to spur on retail purchases. Let me suggest instead that Valentine’s Day is simply a celebration of the emotional bonds that bind us into loving couples, families, and communities that care about each other. The day serves as a reminder that it is not enough to love someone, it is important to tell them how much we care. Along those lines, who could use more love than lawyers? Lawyers consistently work with people who are experiencing hardships and difficulty. Our jobs are stressful, yet there are those whose perception of our profession does not seem to be appreciative of the rule of law or the efforts we put forth to help others. Lawyers are the butt of many jokes, we are disparaged in the media and, without a doubt, we are asked for more free advice than most professionals. I do not know the last time one of my doctors was asked to perform a free surgery, yet we often are asked to give free legal advice! I recall that on several occasions both The Florida Bar and the American Bar Association had campaigns to improve the public perception of lawyers. The ABA even declared a particular day every year as “Love your Lawyer Day.” I have noticed that it has failed to catch on with the greeting card manufacturers. After discussing this issue with president-elect designate of The Florida Bar, John Stewart, Esq., he sent me a quote by John William Davis, who served as solicitor general of the United States under President Woodrow Wilson. It is John Stewart’s – and now my – favorite quote on the meaning of lawyers, judges, and the rule of law in a civilized society. Mr. Davis stated True, we build no bridges. We raise no towers. We construct no engines. We paint no

theBriefs February 2018 Vol. 86 No. 2

pictures – unless as amateurs for our own principal amusement. There is little of all that we do which the eye of man can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men’s burdens and by our efforts we make possible the peaceful life of men in a peaceful state. After reading this, I was instantly satisfied that although lawyers don’t receive the “love” we hope for at all times, we do play a vital role in our society. It is a role I think other lawyers can appreciate, even if the public may not. So, in the spirit of Valentine’s Day, let me express how much I, and the Orange County Bar Association, care about you, our members, and the jobs you perform. We know that you work hard to diligently represent your clients. We know that you take home the burdens of your clients. We also know that sometimes you compromise your self-care and time with your loved ones to perform your duties as a lawyer. We hope that our services and the relationships you build here at the bar help make you feel supported and somehow make your job easier. If there is any way we can better support you, please let us know. Until then, let me give you a tip to keep you from stressing about Valentine’s Day. It is to let those around you know you love them. This does not have to be done with presents. In fact, your feelings are often best expressed not with presents but with effort. So, make a meal for those you love, plan a special outing or experience you know they would enjoy, or write them a note to tell them how you feel about them. My favorite go-to gift is one with a theme, such as the five senses. Give a gift or make an effort that appeals to each of the five senses and I assure you, you will be the hero of Valentine’s Day! Until then, enjoy my favorite month and I hope to see you at our Professionalism Awards Ceremony on February 23 at the Orange County Courthouse. Liz McCausland, Esq., Liz McCausland P.A., practices in the areas of bankruptcy, mortgage modification and mediation. She also teaches lawyers across the U.S. how to modify mortgages in bankruptcy. She has been a member of the OCBA since 1997.

www.orangecountybar.org

PAGE 3


Clerk’sCorner

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

Court Dates Now Searchable on Clerk’s Website

ne of my biggest priorities has always been to improve technology to make doing business with my office easier. To that end, I am happy to announce we have a new website feature that helps our customers find an upcoming court date for themselves or for a family member. Over time, my office determined that many of the phone calls we receive are from customers looking for an upcoming court date. Prior to the launch of this new feature, there was no easy way to find that information. In order to make it easier for customers and save time for both customers and staff, I have partnered with the Ninth Judicial Circuit to help people find any upcoming court hearing, date, time, and location without having to make a phone call. The first step is to go to the Clerk’s Office website at www.myorangeclerk.com and click on “Court Dates” from the top navigation bar. From there, you can find a court date by entering a case num-

ber or a defendant’s or party’s name. You can also search by date to see an entire listing of court hearings scheduled for an upcoming day, which also shows a court date, time, and location for an upcoming hearing. We have also recently completed a series of instructional videos that provide easy-to-use information for customers navigating our website. Topics include how to use this new database to search for a court date, how to make a traffic payment, and how to file for divorce, to name a few. I invite you to go to our website at www. myorangeclerk.com to see these new features and videos, and I encourage you to share this information with your clients. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

We invite you to submit your nominations today for the OCBA’s Liberty awards. Recipients will be honored and receive their award at our annual Law Week Luncheon on April 19, 2018.

2018 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought The Liberty Bell Award recognizes a person or organization in our community, outside the traditional legal profession, that best exemplifies the criteria for this award. The Liberty Shield Award recognizes a first responder who demonstrates exemplary service to the health or safety of our community. The Liberty Apple Award recognizes a teacher who

demonstrates exemplary service to the education of students in our community. Criteria: • Promotes a better understanding of the rule of law; • Encourages a greater respect for law and the courts; • Stimulates a sense of civic responsibility; and, • Contributes to good government within the community.

Please submit a one - to two-page nomination letter that enumerates the ways your nominee meets the criteria.

Some of our past Liberty Bell Award recipients include: Dick Batchelor, Florida House Representatives Michael Dippy, Executive Director of IDignity Tom Lares, Co-founder and Chairman of the Greater Orlando Human Trafficking Task Force

Mail or email your nomination by February 28, 2018 to: Kim Homer, Executive Director, OCBA, 880 N. Orange Ave., Orlando, FL 32801 or khomer@ocbanet.org. For further information, contact Randy Bock at Randy.Bock@csklegal.com. PAGE 4                     www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


win your trial

- The Trial Lawyer‘s College Presents -

the voir dire

Seminar

Gerry Spence, founder of the Trial Lawyer‘s College says, “Give me a good voir dire and the right opening statement and, so long as the lawyer retains credibility and tells the truth, the case is already won.” Join TLC’s TLC faculty team of trial lawyers and behavioral experts to learn how to become the leader of your tribe -- one composed of you and your jurors -- who together will win justice for your client. Learn how to identify the danger points in your cases, to reframe them into points of power, and how to approach potential jurors as an inclusive, rather than exclusive, process.

“This has to be one of the best seminars I have ever attended. The tools and techniques I learned are invaluable. I truly can't wait to attend the next seminar.“ - Trial Lawyer‘s College Attendee

MARCH 2ND-4TH 2018

NEWPORT BEACH, CA HYATT REGENCY

REGISTER @

TRIALLAWYERSCOLLEGE.ORG theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 5


ProfessionalismCommittee

T

OCBA 2018 Professionalism Award Recipients

he Orange County Bar Association strives to increase the civility and professionalism of its members by offering seminars, writing articles for The Briefs, and reaching out to local law schools, elementary, middle, and high schools and the community with activities that promote the profession and our system of justice. Through our annual professionalism awards, we recognize three members of the legal community whose practice, service, professionalism, ethical conduct, demeanor, and high moral standards best embody the qualities we all seek to emulate. The following individuals are this year’s award recipients. The Honorable Daniel E. Traver

Glenn A. Adams, Esq.

2018 James G. Glazebrook Memorial Bar Service Award The Honorable Daniel E. Traver serves as a circuit court judge in the Ninth Judicial Circuit, a position he has held since 2014. Judge Traver received a bachelor of arts degree from Cornell University and his juris doctor from Loyola University Chicago School of Law, cum laude. In 2001, Judge Traver began his career as a law clerk for The Honorable G. Kendall Sharp, U.S. District Court Senior Judge. In the 10 years before he became a judge, he worked at GrayRobinson, where he began as a junior associate and departed as an equity shareholder. In addition to his Orange County Bar Association member-

2018 William Trickel, Jr. Professionalism Award Glenn A. Adams, Esq., AV Preeminent® rated by Mart i n d a l e - Hu b b e l l, serves as executive partner of the Orlando office of Holland & Knight, LLP, practicing in the areas of corporate and tax law. Mr. Adams has substantial experience with the formation of corporations, limited liability companies, partnerships, and other joint venture arrangements and has served as outside counsel for clients in a variety of industries. He has consistently been listed in Best Lawyers in America guide; named a Florida Super Lawyer by Super Lawyers magazine; and is a Florida Legal Elite winner by Florida Trend magazine. Mr. Ad-

continued page 8

continued page 8

Orange County Bar Association 2018 Professionalism Awards Presentation & Reception Friday, February 23, 2018 3:00 p.m. - 5:00 p.m.

Orange County Courthouse Jury Assembly Room 425 N. Orange Ave., Orlando, Florida 32801 Please join us in honoring the recipients of this year’s professionalism awards Glenn A. Adams, Esq.  William Trickel, Jr. Professionalism Award Amber N. Davis, Esq.  Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award The Honorable Daniel E. Traver  James G. Glazebrook Memorial Bar Service Award Each of the recipients will be giving brief remarks, and a reception will follow. We invite all OCBA members and their guests to attend this special event at no charge. Attendance during the remarks provides 1.0 CLE, including 1.0 ethics, pending.

RSVPs are required by February 20, 2018 Register at the OCBA Store – Luncheons (Reminder: There will be no OCBA Luncheon in March.)

Amber N. Davis, Esq. 2018 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Amber N. Davis, a shareholder at Beusse Wolter Sanks & Maire, PLLC, is board certified by The Florida Bar in the area of intellectual property and is rated AV Preeminent® by MartindaleHubbell. She specializes in IP litigation, complex commercial litigation, trademark prosecution, trademark, patent, copyright, and trade secret transactional matters and matters before the Trademark Trial and Appeal Board and other administrative agencies. She counsels business owners throughout Florida and handles ICANN proceedings in front of the National Arbitration Forum and WIPO. Ms. Davis is a past president of the Orange County Bar Association Young Lawyers Section, where she also served as a board member for six years. She is a current member of the OCBA Executive Council; a member of the Federal Bar Association; is a former chair of the OCBA’s Intellectual Property Committee; and is an appointed member of The Florida Bar Grievance Committee and the Grievance Committee for the U.S. District Court, Orlando Division. In speaking about Ms. Davis, Jamie Billotte Moses, Esq., Holland & Knight LLP, says that “Amber is the epitome of professionalism and decorum – professionally, personally, and in her community. Even when she was swamped as YLS President, when the OCBA Executive Council needed her expertise, she volunteered to help and took on more responsibility.” Ms. Moses continues: “I highly recommend Amber. In in every facet of life, she is impressive. A skilled attorney, dedicated bar servant, and attentive mother, spouse and friend.” continued page 8

PAGE 6                     www.orangecountybar.org

the Brie f s February 2018  Vol. 86 No. 2


OCBA LuncheonThursday, February 22, 2018

B Representative Bobby B. DuBose

obby B. DuBose was re-elected for a second term in the Florida House of Representatives on November 2016 and accepted the position of Democratic Leader Pro Tempore. This follows his long service with the City of Fort Lauderdale as a commissioner for District 3. Additionally, Representative DuBose was elected chair of the Broward Legislative Delegation for 2016-2017. Representative DuBose received his bachelor of arts degree in economics from the University of Florida. After graduation, he returned to his hometown neighborhood where he learned the true meaning of “to whom much is given, much is required.”

K Keith Salkowski

Representative Bobby B. DuBose Florida House of Representatives, District 94 Democratic Leader Pro Tempore Representative DuBose believes strongly in community service and has volunteered his time serving in many civic organizations since childhood. He is a life member of the NAACP, a life member of Kappa Alpha Psi fraternity, and a life member of the University of Florida Alumni Association. During his term in the Fort Lauderdale City Commission, Representative DuBose was appointed to the Broward County Planning Council, where he served as the vice chair. He was the city’s representative to the Tourist Development Council, as well as the former president of the Broward League of Cities and former vice chair of the Florida League of Cities’ Advocacy Committee. continued page 32

Keith Salkowski Executive Producer, National Productions WUCF TV

eith Salkowski has been helping make movies, TV, and videos for more than 30 years in New York, Los Angeles, Baltimore, Washington, D.C., and Orlando. After earning a bachelor’s degree in American history from Harvard University, he moved to New York City where he became a union electrician, working on movies, commercials, music videos, and videos. From Hollywood blockbusters to low-budget, straight-to-video independent films, Mr. Salkowski spent countless 12-hour days setting lights, hauling cables, and picking the brains of anyone who would talk to him. He has worked alongside legendary directors and directors of

photography, including Oliver Stone, James Cameron, Spike Lee, Ernest Dickerson, Laszlo Kovacks, and Gordon Willis. Mr. Salkowski began his professional writing career in 1990 and had his first professional producing job in 1992. In 1997, he earned a master of fine arts degree in screenwriting from the American Film Institute Conservatory, ranked the number one graduate film program in the world by the Hollywood Reporter. While there, he won the prestigious Screenwriting Award for First Year Fellows. continued page 32

The Ballroom at Church Street 11:30 a.m. - 1:00 p.m.

Title Sponsor: Supporting Sponsors:

225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Paul C. Perkins Bar Association Please RSVP by Monday, February 19, 2018 RSVPs will not be accepted after February 19, 2018 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than

February 19, 2018

To cancel, contact Sasha Jaquith at sashaj@ocbanet.org Title Sponsor: First Green Bank Supporting Sponsors: LexisNexis and Orange Legal

theBriefs February 2018  Vol. 86 No. 2

www.orangecountybar.org

PAGE 7


ProfessionalismCommittee

Glenn A. Adams, Esq.

continued from page 6

2018 William Trickel, Jr. Professionalism Award (continued) ams is a past president president of the The Honorable Heather Pinder RodriLegal Aid Society of the Orange Coun- guez notes that Mr. Adams “was involved ty Bar Association, Inc. and the OCBA in an effort to establish a pro bono opporYoung Lawyers Section, and is a former tunity for business lawyers to provide free member of the OCBA’s Executive Coun- legal services to charitable organizations cil. He has served in numerous positions through the Rollins Philanthropy Cenwith charitable organizations, including ter,” matching lawyers with “vital nonchairman of Children’s Home Society of profits that need legal counsel.” Judge Rodriguez comments: “Glenn is a man of Florida, Central Florida Division. In nominating Mr. Adams for this character and seeks to improve the world award, Mary Anne De Petrillo, Esq., ex- around him.” ecutive director of the Legal Aid Society, Bill Sublette, Orange County School and William B. Wilson, Esq., retired Board chairman, who has known Mr. partner at Holland Knight, note that Adams for 31 years, says that he has “for the past 27 years, Glenn’s leader- “always exhibited the highest degree of ship, life, and work reflect the values of professionalism, is always even tempered the Trickel Award.” As a mentor, Mr. and a gentleman....I can think of no betAdams believes that “lawyers can be ter nominee than Glenn Adams for this more effective if they treat one another award.” with respect and civility, regardless of Mr. Adams earned a bachelor of arts dehow adversarial the process may be.” gree from the University of South FloriThey remark that “Glenn is a passionate da, and his juris doctor and L.L.M Taxaand dedicated leader in the OCBA and tion from the University of Florida Levin in our non-profit community.” College of Law. Amber N. Davis, Esq. 2018 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

The Honorable Daniel E. Traver

2018 James G. Glazebrook Memorial Bar Service Award (continued) ship, Judge Traver belongs to the Central Florida Association for Women Lawyers, the Hispanic Bar Association of Central Florida, and the Robert J. Mansbach Lawyers’ Literary Society. Before he became a judge, he served as the president of Track Shack Foundation and as vice president of Dorothy’s Family, a charity dedicated to providing support to pediatric cancer patients and their families. A common theme runs throughout the comments from the practitioners who nominated Judge Traver: he is professional, knowledgeable, and treats counsel and litigants with respect. Michael Barber, Esq., Lindsey & Ferry, P.A., notes that Judge Traver “has distinguished himself as a jurist of the highest professional caliber” and “treats everyone who appears in his court with the utmost dignity and respect.” In addition, says Mr. Barber, Judge Traver “takes time to mentor and teach younger attorneys about the law and professionalism both inside and outside of the courtroom.” Jessica Travis, Esq., Law Office of Jessica Travis, P.A., notes that “[e]ven when he is ruling against me, he takes the time to listen, understand, and rule with professionalism. A truly amazing judge!” “Judge Traver follows the law – even when it may not be easy or the ‘politically safe’ course of action,” says Thomas Feiter, Esq. The FighterLaw Firm, P.A., and Warren Lindsey, Esq., Lindsey & Ferry, P.A., comments that Judge Traver is “smart, patient, courteous...[h]e reads everything submitted” and is “impartial.” William Umansky, Esq., The Umansky Law Firm, remarks that Judge Traver is “[e]ven keeled. Thoughtful. Very prepared,” and has a “good sense of humor.”

(continued)

“She is the crème de la crème of IP litigators,” says Terry M. Sanks, Esq., Beusse Wolter Sanks & Maire, PLLC. Additionally, he notes that Ms. Davis remains active in the community. “Since becoming a lawyer in 2006, she has served as Guardian ad Litem to many children and has served on Teen Court.” Tony Sos, Esq., Dellecker Wilson King McKenna Ruffier & Sos, LLP, comments that Ms. Davis’ “dedication to the OCBA is best exemplified by her being given the Outstanding Executive Council Member Award for 2015-2016 and the OCBA Presidential Service Award for 2016-2017.” He continues: “Whenever

MajorSeminars

she is involved in a project, she will always put forth a tremendous amount of work to make sure it is better than when she started.” Gregory W. Herbert, Esq., Greenberg Traurig, P.A., says: “I have no reservations about giving the highest recommendation to Amber.” Ms. Davis graduated from Barry University Dwayne O. Andreas School of Law, cum laude, in 2006, is married to Ryan E. Davis, Esq. and is the mother to Landon (7), Adalyn (5) and a baby girl that is due March 2018.

See Announcements on page 37 for additional details

February 10

Paralegal Section Annual Major Seminar – Race Ready: Winning Strategies for Your Practice 8:00 a.m.-5:00 p.m. Rosen Plaza Hotel, 9700 International Dr., Orlando, FL 32819

February 28

Professionalism Committee Major Seminar – Professionalism and the Attorney-Client Relationship 9:00 a.m.-5:00 p.m. • OCBA Center

Mark your calendars... Mar. 13 – Technology Committee Major Seminar. Details to come. Mar. 15 – Elder Law Committee Major Seminar. Details to come. PAGE 8

www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


Chief’sColumn

In Honor of Black History Month

F

or years February has been designated “Black History Month,” when we celebrate the accomplishments of African-Americans who have contributed to the rich history of our great country. While our nation recognizes important contributions on the national level, I would like to focus on the contributions of judges to the improvement of our system of justice in the Ninth Circuit. The history of our circuit includes eight African-Americans who have served in either the The Honorable Frederick J. Lauten county or circuit court. All have distinguished themselves for their important contributions to Chief Judge the court and the region. Ninth Judicial Circuit Court In 1976, Judge Emerson R. Thompson, Jr. became the first African-American judge in Orange County after having served as the first AfricanAmerican assistant state attorney under then State Attorney Robert Egan. Judge Thompson served as an Orange County court judge from 1976 until 1980 when he was appointed to the Ninth Judicial Circuit Court. He served on the circuit court until his appointment to the Fifth District Court of Appeal in 2000. Judge Thompson served as chief judge of the Ninth Circuit from 1989 to 1992 and subsequently served as chief judge of the Fifth District Court of Appeal from 2000 to 2003. He retired from the Fifth District in 2008. Senior Judge Theotis Bronson was appointed to the Orange County court in March 1986 by Governor Bob Graham, becoming the second African-American to serve on the bench in Orange County. In 1993, Judge Bronson was appointed to the Ninth Judicial Circuit Court by Governor Lawton Chiles. Judge Bronson graduated from Rollins College and received his law degree from the University of Florida. Judge Bronson served the citizens of the Ninth Circuit for 26 years until his retirement from the court in 2012. Judge Bronson continues to sit as a senior judge in the Ninth Judicial Circuit. In 1989, Belvin Perry, Jr. became the first African-American elected judge in Orange County without having first been appointed to the bench. He sat on the bench in both Orange and Osceola counties. He served as chief judge from 1994 to 1996 and then again from 2001 to 2014. Former Chief Judge Perry served as a member and eventual chair of the Florida Trial Court Budget Committee, served as chair of the Florida Innocence Commission, and president of the National Conference of Metropolitan Courts. Judge Perry served on numerous other court and community theBriefs February 2018 Vol. 86 No. 2

committees. He has won numerous court and community awards recognizing his leadership not only to the Ninth Judicial Circuit, but also to the region and the state. Of course, Judge Perry presided over the most famous case in Ninth Circuit history, State of Florida v. Casey Anthony. Judge Perry retired from the bench in 2014 and practices law with the law firm Morgan & Morgan. Judge Evelyn Golden was the first African-American female to be elected to the bench in Orange County. She was elected in 1990 and sat on the county bench in Orange County until 1994. Prior to her service on the bench, Judge Golden served as an assistant attorney general for the State of Florida and as an assistant public defender for the Ninth Circuit. After serving on the bench, Judge Golden worked for the Department of Housing and Urban Development in Atlanta, Georgia. At 33 years of age, Judge Reginald Whitehead was appointed to the Orange County court in 1994 by Governor Lawton Chiles, becoming the youngest serving judge in Orange County. In 1995, Judge Whitehead was appointed to the circuit court by Governor Lawton Chiles. Judge Whitehead has served in every division of court, both as a presiding judge and as administrative judge. He is highly regarded among his peers for his depth of knowledge and calm demeanor. He currently presides over the Uniform Problem Solving courts addressing mental health, substance abuse, and veterans’ issues. County Court Judge Faye Allen was appointed to the Orange County court bench in 2005 by Governor Jeb Bush. Judge Allen served as an assistant public defender prior to her appointment to the bench. Judge Allen is very active in the legal and civic community and has won numerous awards for her service to the community, including the coveted James G. Glazebrook Memorial Bar Service Award recognizing her service to the legal community, particularly in promoting professionalism and civility in and out of the courtroom. Circuit Court Judge Alicia Latimore was appointed to the Ninth Circuit Court bench in January 2006 by Governor Jeb Bush. Judge Latimore has served in the criminal, juvenile, and domestic divisions of court and currently presides over Early Childhood Development Court, a program designed to break the cycle of child abuse by work-

www.orangecountybar.org

continued page 26

PAGE 9


Elder LawCommittee

D

Preserving Social Security and Medicaid Benefits with an ABLE Account

isabled persons who depend on Social Security and Medicaid are no longer forced to have little to no assets of their own. The Achieving a Better Life Experience Act of 2014 (“ABLE”) allows certain individuals with disabilities who are receiving governmental benefits to save beyond the $2,000 individual resource allowance for Medicaid.

Kristine L. Tucker, Esq.

Who is eligible? The Act is governed under 26 USC §529A, and in order to qualify for an ABLE account, an individual, referred to as the “designated beneficiary,” must have a qualifying disability occurring prior to age 26. Qualifying disabilities are defined as those for which there is a medically determinable physical or mental impairment expected to result in death or to last for a continuous period of not less than 12 months, including blindness.1 In order to prove disability, the designated beneficiary must either have been eligible for Social Supplemental Security Income; Disability Insurance benefits; Childhood Disability benefits; Disabled Widow/Widower’s benefits based on the disability; or must have a doctor certify the impairment occurred prior to age 26.2 Although the disabled person must have become disabled prior to age 26, there is no age limit for opening an account. How do you open an ABLE account? The account must be opened by the disabled individual or a parent, legal guardian, or agent acting under a valid power of attorney, all of whom may also be granted signature authority. ABLE accounts may be funded from any source (i.e., money earned by the disabled individual, gifts from family or friends, or distributions from a trust), up to $14,000 per year. Any funds deposited exceeding the $14,000 limit will be subject to a 6% excise tax if not returned to the individual depositing the funds.3 The funds may only be distributed to the designated beneficiary or on his or her behalf. The account may accrue $100,000 before Social Security benefits are suspended (not terminated), and up to $418,000 for Florida ABLE accounts before Medicaid benefits will be suspended. When a designated beneficiary deposits wages into the ABLE account, the wages are excluded from assets for the purposes of calculating the individual resource income cap for Social Security. Distributions made into the account will not count towards gross income for purposes of benefits, so long as the distributions do not exceed the qualified disability expenses paid on be-

PAGE 10

www.orangecountybar.org

half of the designated beneficiary.4 These expenses include, but are not limited to the following: education; housing; transportation; employment training and support; assistive technology and related services; health; prevention and wellness; financial management and administrative services; legal fees; expenses related to ABLE account oversight and monitoring; funeral and burial expenses of the designated beneficiary; and basic living expenses.5 Unfortunately, “basic living expenses” is not defined. If there is a question with regard to whether an expense is qualified, the account owner will want to supply the questioning authority with as much documentation as possible. Additionally, any income earned resulting from return on the ABLE account investments is not counted as income to the designated beneficiary 6 for purposes of benefits. Which state’s ABLE account do you use? Currently, 10 states participate in the Achieving a Better Life Experience Act, but only Florida and Kentucky do not allow out-of-state residents to participate in the program. Each state has varying requirements with regard to Medicaid payback provisions, fees assessed, and investment options, and whether or not a debit card may be provided to the account holder. The ABLE National Resource Center’s website, www.ablenrc.org, provides a side-by-side comparison of programs. It is in your client’s best interest to refer them to the website so they can shop around for a plan. For example, Florida residents may prefer to use a state that allows the use of a debit card, such as Rhode Island, although the state has a minimum annual account maintenance fee, or they may prefer Florida’s low-investment fees and no minimum balance requirement. How do you use ABLE accounts effectively? Clients with disabled children can benefit from ABLE accounts by using them in conjunction with Special Needs Trusts. A Social Security recipient who receives in-kind support and maintenance from a third party for qualified disability expenses, such as housing and utilities, is subject to a 1/3 decrease in benefits received.7 For example, when the designated beneficiary gets the maximum SSI in 2017, which is $735, in-kind support would reduce their benefit to $490. When used together, ABLE accounts will prevent most in-kind support and maintenance from counting against the individual with disabilities. This avoids the dreaded loss of, or de

theBriefs February 2018  Vol. 86 No. 2


crease to, Social Security benefits occurring when a parent or guardian provides payment for living expenses such as rent and utilities. However, there is a catch: the money deposited into the account for in-kind support must leave the account within the same month or it will count as income for Social Security purposes. For example, the trustee of the Special Needs Trust deposits $500 into the ABLE account on January 1 to assist the designated beneficiary with his rent; the entire $500 must be used for rent prior to January 31. If the beneficiary only uses $475 of the deposited funds towards his rent, the remaining $25 will be considered income for Social Security purposes. This is referred to as the First of the Month Rule.8 What can the funds in the ABLE account be used to pay? The account can be used to pay the following expense categories: health care; education; housing; transportation; legal fees; financial management; employment training and support; assistive technology and personal services; oversight and monitoring; and funeral and burial.9 Florida plans currently allow two checks per month without a fee, with each additional check costing $5. However, the designated beneficiary or authorized signor can set up electronic transfers at no additional cost. The funds held in the ABLE account may be transferred to a separate, standard checking account without penalty as long as the funds are earmarked for qualified expenses. Keep in mind that any earnings on the ac-

count used to pay non-qualified expenses will be taxed as income and a 10% penalty will be imputed.10 What happens at death? Upon death of the designated beneficiary, the account will be subject to Medicaid payback for benefits provided to the designated beneficiary from the date the account opens.11 Any funds left in the account will be payable to the designated beneficiary’s estate (causing a probate). Some state programs allow a designated beneficiary with mental capacity to change the beneficiary of their account.12 Can ABLE accounts be rolled over? ABLE accounts can be rolled over without penalty if they are rolled to a different state program or to another eligible family member as long as the funds are rolled over within 60 days and there has not been a rollover within the last 12 months.13 When rolling the funds over from one state’s ABLE program to a different state program, all of the funds must be moved in order to avoid penalty. When rolling over to an eligible family member, the account owner is not required to roll over the entire balance.14 Conclusion For individuals with qualified disabilities, ABLE accounts are a tool that allows them to save without losing much-needed benefits. Keeping precise records regarding expenditures from the account in case of audit, as well as becoming familiar with the rules surrounding the use of an ABLE ac-

count, can provide an individual with the financial freedom and control necessary to make large purchases he or she otherwise could never dreamed of making, such as a house or a specially modified car. The days of a disabled individual spending down resources each month for fear of losing SSI or Medicaid are dwindling away to a new dawn of financial stability complete with investment options, tax free interest earnings, and dividends. Kristine L. Tucker, Esq., has been an associate with the Law Offices of Amber Jade F. Johnson, P.A., since 2015. She focuses her practice on estates, trusts, and elder law and can be reached at 407-786-2388, or attorneyklt@attorneyaj.com. She has been a member of the OCBA since 2015. 26 USC §529(A)(e)(A). Social Security Program Operations Manual System SI 01130.740 (B)(1). 3 IRS Pub. 907. 4 26 UCS §529A (c)(1)(B). 5 Social Security Program Operations Manual System SI 01130.740 (B)(5). 6 Social Security Program Operations Manual System SI 01130.740 (C)(2). 7 Social Security Program Operations Manual System SI 00835.200. 8 Social Security Program Operations Manual System SI 01110.600. 9 26 USC §529A (e)(B)(5). 10 IRS Pub. 907. 11 Id. 12 Id. 13 Id. 14 Id. 1 2

Orange County Bar Association Election Notice The names of nominees for the following offices are listed on the OCBA website. OCBA Vice President /President-Elect OCBA Treasurer OCBA Secretary OCBA Executive Council Members Legal Aid Society Board of Trustees Young Lawyers Section At-Large Board Members

Voting shall be conducted online by secret ballot. Each voting member will receive secure access to the ONLINE BALLOT via an EMAIL sent to the member’s EMAIL ADDRESS listed in the BUSINESS EMAIL ADDRESS LINE of the member’s membership record. (A printed ballot will be sent only to members who do not have an email address.) Voting will begin on Thursday, March 1, 2018, and close on Friday, March 30, 2018. Electronic ballots must be cast online no later than midnight Friday, March 30, 2018. Paper ballots must be received in the OCBA offices by 5:00 p.m., Friday, March 30, 2018. This election is being conducted on behalf of the OCBA by Intelliscan, Inc., an independent election services provider. All voted ballots, whether cast electronically or via paper ballot, will be certified by the Secretary of the OCBA. If you have any questions, please contact the communications manager at 407-422-4551, ext. 227, or peggys@ocbanet.org.

theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 11


TechnologyCommittee Mobile Technology in Your Law Firm – Using an iPad to Manage Your Day-to-Day Litigation Practice Once a new technology rolls over you, if you’re not part of the steamroller, you’re part of the road. –Steward Brand

M Richard B. Schwamm, Esq.

ost lawyers use some form of mobile technology in their law practice. It will certainly include a smartphone and probably a laptop computer or tablet device. Yet, many have only scratched the surface of how one or more of these devices can help you in your daily law practice. There are several “productivity hacks” for each device to optimize your office productivity, whether at your desk, on the road, or in the courtroom. We all know the smartphone has been instrumental in helping attorneys stay in touch with phone calls, emails, text messages, and calendar updates. But, the smartphone cannot do the “heavy lifting” needed by most litigators. We need more productivity power in our daily work flow to stay on top of our events, tasks, and deadlines. This article may convince you that just one additional device in particular – a tablet device like an iPad – is the best device to help you manage your daily tasks, get serious amounts of work accomplished, and essentially carry around a “digital briefcase” with greater portability than a laptop computer. What device do you need? There are a variety of tablet devices, but the iPad, preferably a 10.5 or 12.9 inch iPad Pro, is ideal. It is lightweight, weighing only 1 lb., and allows you to use a keyboard or pen input (the Apple Pencil) to create text, perform searches, and even handwrite notes. It is important to remember that you do not need to be an Apple “fanboy” (or girl) or own an Apple iMac desktop computer to use an iPad. Most lawyers use personal computers at their desks, and I am one of them. It certainly helps if your smartphone and tablet device use the same ecosystem of software, but even lawyers with competing Android phones and Apple iPads can radically improve their work productivity; however, if you have an iPhone and an iPad, or an Android smartphone and Samsung tablet, the productivity boost of matching software applications (“apps”) on both devices will allow you to be much more productive and efficient. An Android tablet such as the Samsung S3 tablet, or a Microsoft tablet such as the Surface Pro 4, are also great devices but do not compare to the iPad’s ease of use and Apple’s “it always seems to

PAGE 12

www.orangecountybar.org

work” approach to getting work done, with very few bugs or viruses. This article focuses on the iPad, but most of the information also applies to the Android and Windows devices and their software ecosystems. What applications do you need to set up your iPad in your law practice? Every lawyer’s iPad should have the best apps to help you manage your calendar, email, notes, PDF documents, and work files. Mail – The iPad “stock” Mail app is great and should suffice for most lawyers. There are many third-party mail apps, such as Microsoft Outlook, Google Mail, Spark, and Newton, which offer more robust features. Tasks – Most lawyers have difficulty managing their isolated or recurring daily, weekly, and even monthly tasks. Their assistants may use a work calendar, case management software, and a reminder system that help for office management of case-related tasks and deadlines. As for your individual tasks, however, a daily task manager that is on your smartphone and tablet is critical to staying on top of your work and personal responsibilities. Your email inbox and flagged emails should not be your task management system. Every task should go into one place – either an old-school analog task list or preferably, a digital task list that is with you wherever you go. Your smartphone needs to have this task list app on it, and your tablet device should have the same one. Most tablets have their own stock task manager. For example, the iPad has a Reminders list, but it is not adequate for a busy lawyer. Instead, consider a robust task manager such as Todoist, Omnifocus, Trello, Nozbe, or Asana to effectively manage your different tasks, even if on different lists and different cases with different due dates. Extra work done on the frontend to set it up on your smartphone and tablet will pay off big dividends when you can rely on this list as the central hub of what needs to get done first. Calendar – There are many different apps to help lawyers see, with varying backgrounds and fonts, what is on the agenda. There is, in my view, very little need to use a third-party app in place of the calendar app on the iPad. It even allows you to see your work and personal calendars, all within the same app.

theBriefs February 2018  Vol. 86 No. 2


Notetaking – The Notes app on the iPad is much improved over previous versions. It now allows you to incorporate text, handwritten notes, and even photos/ screenshots. It is not, however, a good app for organizing all of your notes. There are several apps that do a better job, and all of them allow you to see the latest version of the working note on other Apple devices, and Cloud storage back-up versions ensure that the notes will not be lost. For example, an app such as Drafts allows you to type notes and then decide where to put them digitally – into an email, text, or notetaking app. Microsoft Word is also available on the iPad and allows for simple notetaking and even collaboration with red-line editing. Evernote is similar to a “digital brain” for all notes, pictures, ideas, and nuggets of information that you may want to reference later; its search functionality is the best of any app. For those who want more organized notes, the seldom-used Microsoft app, OneNote, is now becoming more popular because it can be used as a digital three-ring binder on Android, Windows, and Apple iPad devices at the same time. For instance, you can develop a “digital notebook” for each case that can be modified and viewed on any device. Changes on one device are

immediately viewable and editable on any other desktop or mobile device as well. Legal Research – FastCase is the friendliest app that provides free access to most needed legal research. The Westlaw and Lexis research apps are also very good. Consider purchasing the LawStack Florida Statutes and Florida Rules of Civil Procedure, which allow for bookmarking and quick access, rather than searching the Internet when you need quick references. Cloud Storage – Most lawyers have used Box or Dropbox to store documents in the Cloud. The iPad easily uploads to, and retrieves documents from, the Cloud. It is a good idea to share a work Cloud account with your legal assistant or paralegal so he or she can easily “load up” your work Cloud account, allowing you to digitally retrieve documents while in the office or on the road. File Management – Traditionally, the iPad was not very good at storing files; however, Apple’s latest iPad software has a Files feature that allows for storing files on the iPad itself. This is useful for working documents downloaded to your iPad, especially when the unaltered digital document will remain intact on your Cloud storage app and only a copy is downloaded

on your iPad. Otherwise, the best app has been GoodReader. Also, many note-gathering apps, including Evernote and OneNote, will allow you to store digital documents along side your handwritten notes, which can be very helpful as you organize your files on your iPad for meeting preparation, depositions, and even trial. PDF Viewer – Most civil litigators rely heavily on PDFs. If you want to view and even mark-up/edit PDF documents, such as emailed contracts, deposition transcripts, technical policies, or even textbooks, the iPad has a slew of apps to help. However, after downloading more than 500 apps since the first iPad was introduced, I believe there are several PDF apps that are better than others. For example, GoodReader allows you to download and edit PDF files and keep them organized however you wish. PDF Pen and PDF Expert are excellent for viewing and highlighting PDFs, or signing and emailing documents. It is also worth mentioning that PDFs can be downloaded into the digital notebooks in OneNote, or even into digital brain-dump apps such as Evernote for editing, highlighting, and storage. continued page 26

APPLICANTS MUST HAVE: (1) CURRENT VALID FLORIDA BAR LICENSE, AND (2) MINIMUM LAST TEN YEARS (AND TO DATE) LEGAL PRACTICE EXPERIENCE; AND THEY MUST PROVIDE A CURRENT CV; AND, COVER LETTER, WHICH SPECIFICALLY ADDRESSES, IN THIS ORDER: (1) NUMBER OF FIRST-CHAIR JURY TRIALS TO VERDICT – CIVIL VS. CRIMINAL; (2) PRIOR TEACHING EXPERIENCE, ADJUNCT OR OTHERWISE; (3) LIST OF AND WEB LINKS TO ALL LEGAL ARTICLES OR PUBLICATIONS PRODUCED; (4) YEARS AND TYPES OF BOARD CERTIFICATIONS; (5) SPECIFIC AREAS AND YEARS OF HEAVY PRACTICE; AND (6) NAMES AND E-MAIL ADDRESSES OF FOUR REFERENCES, INCLUDING TWO CURRENT JUDGES. THE PERSON HIRED MUST, AS A TENURE-TRACK FACULTY MEMBER, (1) BE FREE OF OUTSIDE PRACTICE; AND, (2) REGULARLY PRODUCE HIGH-QUALITY LEGAL SCHOLARSHIP ACCEPTED FOR PUBLICATION IN LAW REVIEWS OR OTHER EQUIVALENT SCHOLARLY JOURNALS. BENEFITS: Barry University, of which Barry University School of Law is a part, offers a comprehensive benefits package to full-time employees that includes health, dental, vision, life insurance, retirement, tuition assistance, paid time off and work life balance initiatives such as wellness programs, spirituality in the workplace, and training and development. Barry University is an Equal Opportunity Employer, committed to a diverse and inclusive work environment.

TO APPLY: go to bit.ly/barrylaw-aprof then, click on “Apply”, then on “Create Account”.

theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 13


Legal Aid SocietyWhat We Do...

E Donna A. Haynes

Home Sweet Home: From China to Orange County

ve Zhao, an educated, hardworking young woman came to the Legal Aid Society of the Orange County Bar Association for urgent assistance with her immigration legal problem concerning herself and child. At the Tenth Annual Breakfast of Champions this past November, Eve shared her story and her thoughts about citizenship, safety, and immigration and how the Legal Aid Society played a role in resolving her burden. My story began in early 2010. Imagine being 31, and traveling to Miami for a business conference. After that conference, I was stationed in Orlando for what was a 3-6 month work assignment. I was assigned to find career resources for a J-1 cultural exchange program for Chinese university students called “Summer Work and Travel.” Lonely, I went to a Vietnamese restaurant in Orlando with my boss. I met the manager and his mother. The food was warm and, while Vietnamese food is not Chinese food, it brought back fond memories of my childhood home: Shenyang, largest Northeast Chinese city where host soup with noodles were heavenly on a chilly day. The manager, John, was just out of jail. He was on probation at the time. On our first date, he told me about his life, both in and out of jail. I was shocked and impressed by his blunt honesty. I had never known anyone with such a troubled existence. My life seemed uneventful, compared to his. I felt that I could help and rescue him. Little did I know, he was lying to me. John said because he was on probation he could not get married, but that he loved me and wanted to spend his life with me. I did not realize that even people in jail could get married. We had a romantic relationship and I found out that I was pregnant. I was shocked and scared, but I shared the news. John said he really wanted a baby and to be with me. John assured me that his mother and he would take good care of us. This was a lie. After learning about the pregnancy, John and I argued. John was abusive sexually, verbally, and emotionally. He forced me to have sex with him and raped me. With my upbringing from China, I did not know that what he had done was against the law. By the time I was 5 months pregnant, my employer

PAGE 14

www.orangecountybar.org

asked me to take business trips around the United States. I was then scheduled to go back to China. Meanwhile, John kept telling me that he wanted the child and he would take care of us. Though he never offered practical plans. While six months pregnant and working in Los Angeles, I struggled between the dilemma of whether to go back to China. Going back to China risked breaking of Chinese law of being unwed and pregnant. My baby would have been looked down upon and would have had no life there. Under the current regulations, single women, or even heterosexual women who have partners but do not want to get married, are denied the rights to have children. I would not be allowed access to reproductive technology. Having a child out-of-wedlock is both taboo and illegal. I would have been considered used goods and my son would have been stigmatized as second class. My other option was to stay in the United States and face great immigration hurdles. I called John and asked for help. John told me he no longer wanted the child and was dating someone else. He constantly threatened me, saying that he was a U.S. citizen and could take away my child and deport me back to China – that I could do nothing about it. John made it very clear in a cold manner that I had no rights and would never see my child again. He wanted to be rid of me. That was the day that I felt my world shatter to pieces. I tried to extend my business visa once, changed it to a tourist visa once, and got a total of a 12 months extension so that I would not fall to illegal status. I came back to Orlando and stayed with a very nice church family. During that most difficult time in my life, many people helped me. One of those included a California victim advocate that helped me connect with Tampa’s victim services who then connected me with attorney Charles Conroy at Legal Aid in Orlando. Obviously, there is a network of angels that help. It was Legal Aid’s Charles Conroy that suggested I file the police report about John’s sexual assault. Again, I had not realized that sexual assault was illegal. I came from China with a different set of rules. Legal Aid appointed Susan Doyle who

theBriefs February 2018  Vol. 86 No. 2


applied for my U visa. That is a visa which is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of criminal activity. My U visa was good for four years, and after three years I could apply for the change of status. That meant I qualified to apply for my legal permanent residency status, also known as a green card. I went back to the Legal Aid Society and met attorney Ana Roberts who filed all the required documents. There were many legal hurdles, including the recertification of the abuse from the state attorney’s office. But, that did not deter my Legal Aid attorney. The success of my U visa petition gave me back my life. I am today a proud U.S. permanent resident, with its many privileges in this great land of opportunity. There are many people like me, battered, oppressed, abused, helpless, hopeless, and desperate. While we may not start out as your citizens or your neighbors, we struggle to freely work in a society where we will be safe, secure, and appreciated. We want to pay taxes and become an important part of your community. Once the appropriate amount of time has

February 6, 2018

passed, I will apply for citizenship. I look forward to the day that I can vote and hold the United States flag close. For now, I am your family. While this is not my home of birth, it is my home. It is the only home my child knows. I will always owe a debt of gratitude to Ms. Ana, Mr. Chuck, and Ms. Doyle. There are simply no words to describe how they have saved my life and the life of my son. Thank you. Eve Zhao is now a homeowner who owns and runs a successful business. She is thrilled to be a mom and looks forward to the day that she takes her immigration citizenship test so that she may vote. We are thankful to have been a part of Eve’s journey so that she could share her story. The Eleventh Annual Breakfast of Champions is scheduled for November 8, 2018. If you are interested in helping, simply contact boc@legalaidocba.org, or call Donna Haynes at 407-5151850. If you would like to make a personal or corporate donation to help our nonprofit, please go to “donations” on the Legal Aid Society website. Thank you. Donna A. Haynes is the development director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

Privette, Parenting Experts, and Safety-focused Parenting Plans

February 20, 2018 GAL Dependency Work: It Really is all Fun and Games… Sometimes March 6, 2018

Basic Dissolution of Marriage for the Pro Bono Attorney, Part I

March 20, 2018

FSTs, IEPs, MDTs, Oh My! Meandering Through the Maze of Dependency Meetings

April 3, 2018

Great Expectations - What the Court Expects from GALs

April 17, 2018

Hope Springs Eternal – Finding Forever Families Through Dependency Court

May 8, 2018

Are You Sure This Is Going to Work? The Dependency System Demystified

May 22, 2018

Basic Dissolution of Marriage for the Pro Bono Attorney, Part II

June 5, 2018

Consumer Debt Collection and Garnishment

June 19, 2018

Not Your Typical Psychology Class: Understanding the Psyche of Parents in the Dependency System

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

2018

PART 1 JAN - JUNE LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION LUNCHTIME TRAINING NOON TO 1 P.M. FREE CLE FREE LUNCH RSVP TO mcarbo@legalaidocba.org ctucker@legalaidocba.org merazmus@legalaidocba.org

ALL TRAININGS HELD AT Marks Street Senior Complex 99 East Marks Street Orlando, FL 32803 Cypress Room theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 15


Ninth Judicial Circuit CourtNews

O

The Honorable Jamie. R. Grosshans, Meredith Sasso, Esq., The Honorable Tanya Davis Wilson, The Honorable Frederick J. Lauten

Ninth Judicial Circuit Court Investitures

n December 1, 2017, The Honorable Tanya Davis Wilson was invested as a judge of the Circuit Court, and The Honorable Jamie. R. Grosshans was invested as a judge of the County Court in the Ninth Judicial Circuit. The ceremony was held at 4:00 p.m. in The Honorable Frederick T. Pfeiffer/Honorable Rom W. Powell Jury Assembly Room of the Orange County Courthouse. Judges from the Ninth Circuit, the Fifth District Court of Appeal, the Supreme Court of Florida, and family, friends, attorneys, and other legal professionals attended. Judge Wilson was elevated to the circuit court to fill the vacancy created by the death of her friend and colleague, The Honorable Scott D. Polodna. Judge Wilson was introduced by her sister, Ms. Wanda Davis, who spoke about their family life, their close relationship, and Judge Wilson’s path to the judiciary. The oath of office was administered by The Honorable Alice L. Blackwell, and enrobing was performed by Art and Connor Wilson, Rev. Freddie and

The Honorable Jamie. R. Grosshans The Honorable C. Alan Lawson

Eunice Davis, and Ms. Davis. Judge Wilson gave remarks to those assembled. Judge Grosshans was introduced by her husband, Joshua D. Grosshans, Esq., who spoke of the judge’s legal career, guiding principles, and love of family. Judge Grosshans was appointed to fill the vacancy created by Judge Wilson’s elevation to the circuit court. The oath of office was administered by The Honorable Elizabeth J. Starr, and enrobing was performed by Avery, Jack, and Alice Grosshans, and Jack and Shirley Rutland. Judge Grosshans gave remarks to those assembled. Chief Judge Frederick J. Lauten of the Ninth Judicial Circuit presided over the ceremony. The Pledge of Allegiance was led by Connor Wilson and Avery and Jack Grosshans; the invocation was given by Rev. Davis, Beulah First Baptist Church, Fort Walton Beach, Florida; and the benediction was given by Rev. Timothy Grosshans, First Baptist Church, Winter Garden, Florida. Presentations were made by the Conference of Circuit Court Judges; the Conference of County Court Judges; Meredith Sasso, Esq., deputy general counsel, Executive Office of the Governor; the Clerk of the Circuit and County Courts of Orange County; the Clerk of Circuit and County Courts of Osceola County; and the Orange County Bar Association. Seventeen associations and Inns of Court were also recognized. The ceremony concluded with a reception in the courthouse rotunda.

The Honorable Tanya Davis Wilson

PAGE 16                        www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


OCBA Young Lawyers Section Presents

Evening with the Judiciary Thursday, March 8, 2018 5:30 pm – 8:30 pm Orlando Museum of Art Please join us for an evening of fellowship with members of our local judiciary.

Early Registration Fees

OCBA Members: Solo/Government $35 Private Practice: $45 Non-members: $55

Early Registration Deadline: March 1, 2018 Register at the OCBA Store orangecountybar.org/ylsproducts

Late Registration Fees OCBA Members: $55 Non-members: $65

Tickets include appetizers, a hosted bar, and limited access to the galleries of the Orlando Museum of Art.

E m E r y H. r o s E n b l u t H J r . I am now limiting my practice to conducting mediations and have joined the the well-established group, Mediation Services of Central Florida, Inc. Scheduling:

407.740.6199

mediationsvcs@cfl.rr.com

Contact me: 1203 Gatwick loop ❙ lake Mary, Fl 32746 emeryadr@gmail.com ❙ 407.973.5655

Mediation Services Business/Commercial | Construction | Real Estate/Land Use Employment | Bankruptcy Certified Circuit Court Mediator ❙ Certified Federal District Court Mediator Bankruptcy Court Approved Mediator ❙ The Florida Circuit-Civil Mediators Society Co n F e r e n C e FAC I l I T I e S AvA I l A B l e

Mediation Services of Central Florida, Inc. ❙  174 West Comstock Avenue, Suite 106 ❙  Winter Park, Florida 32789 theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 17


2018 OCBA Bench Bar Conference April 27, 2018

Law Firm Sponsorship Opportunities! Does your law firm want to be part of one of the largest seminars ever hosted by the OCBA? Would you like to position your firm in front of 400 colleagues and judges? Are you interested in networking and developing referral sources? Sponsor a session, and you can do all that! • Firm Sponsorship: $1,200 Here’s what you’ll receive: • Free conference registration for two, including breakfast, lunch, and breaks • Free attendance for up to two at the sponsor appreciation reception • Free ad in the conference program (1/8-page, black/white) • Free sponsor listing in the conference program • Free signage at the session your firm sponsors • Firm logo on PowerPoint presentation in the main ballroom • Firm listing on sponsor board located outside the main ballroom

Scholarship Opportunities! Call for details.

Register today! Pack your bags and prepare for takeoff to your destination – the beautiful Hyatt Regency Hotel at the Orlando International Airport.* Service includes 31 in-flight sessions and up to 6.0 “frequent flyer” CLE in a wide variety of topics! See the OCBA website for conference details. Registration is now open at the OCBA Store. Go to: orangecountybar.org/store.

Fees

Government* After February 1 On site

*Fee does not increase for government attorneys.

For sponsorship details, see the OCBA website, or contact: Amanda Nethero, Marketing and Sponsorship Manager amandan@ocbanet.org / 407-422-4551, ext. 244 PAGE 18                        www.orangecountybar.org

OCBA NonMembers members $200 $200 $300 $325 $350 $375

*This CLE is not an actual flight.

theBriefs February 2018  Vol. 86 No. 2


10th Annual Breakfast of Champions

Champion - $10,000 Orlando Legal

November 2, 2017 The Ballroom at Church Street

Gold - $5,000 Anonymous Paul & Perkins, P.A. Charles & Linda Wells

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

Silver - $2,500

Carlton Fields, P.A. Cole, Scott & Kissane, P.A. First Green Bank, Inc., Scott Leitner Florida Lawyers Mutual Insurance Company Foley & Lardner, LLP Holland & Knight, LLP Law Offices of Dan Newlin & Partners Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Mauricio Chiropractic Poinciana, LLC Universal Orlando Zimmerman Kiser Sutcliffe, P.A.

Cathy Tucker, Esq. Cheryl Nicholson

Donna Haynes Mary Anne De Petrillo, Esq. Melody Lynch, Esq.

Copper - $1,000

Accurate Serve of Orlando, Kevin Fedotov Glenn & Stacey Adams Anonymous BakerHostetler Thomas Boroughs Community Based Care of Central Florida Curtis Protective Services, Inc. Dean Mead, Attorneys at Law Dellecker, Wilson, King, McKenna, Ruffier, & Sos, LLP Disney Fisher Rushmer Florida A&M University Suzanne Gilbert Gerry Glynn & Angela Halladay Harris, Harris, Bauerle, Ziegler, Lopez, Eminent Domain Lawyers HD Supply Law Department KPMG, Kirtus Bocox Raymer Maguire Mateer Harbert OCBA Young Lawyers Section Publix Super Market Charities, Inc. Quintairos, Prieto, Wood & Boyer, P.A. Emery H. Rosenbluth Jr. Tiffany Moore Russell, Ninth Judicial Circuit, Clerk of Court Shutts & Bowen, P.A. R.A. Simasek, P.A. Sunshine Bank ($2,000) The Elder Law Center of Kirson & Fuller The Umansky Law Firm

Michael Resnick, Esq. Mexcye Roberts, Esq.

Thank You to Our Sponsors

theBriefs February 2018 Vol. 86 No. 2

Bronze - $500

ABA Retirement Funds Program | Voya Financial Accurate Serve of Orlando, Kevin Fedotov All Florida Investigations & Forensic Services, Inc. Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A. Allen Norton & Blue, P.A. Anonymous Any Lab Test Now, Tom Sheldon Apex Office Products & Furniture, Inc., Dolores Moffett Paul Bernardini, P.A. Broad and Cassel LLP Jeffrey S. Bromme Brown & Brown, Inc. Central Florida Chapter of the Association of Legal Administrators Coldwell Banker Cares Foundation Confidential Confidential Amber Davis Discovery Church Equine Veterinary Services, LLC Julia Frey Wayne Helsby

Hispanic Bar Association of Central Florida N. Diane Holmes, P.A. Home Care Assistance, James Pasquinelli Jill S. Schwartz & Associates, P.A. Law Office of William A. Davis, Jr. Law Office of Kevin B. Wilson Law Offices of Tad A. Yates, P.A. Legal Talent, LLC LexisNexis Liz McCausland, P.A. Milestone Reporting OCBA Professionalism Committee The Honorable Jose Rodriguez and Ana Tangel-Rodriguez Shannin Law Firm, P.A. The Gym Downtown The Irons Team at Keller Williams Realty, Lake Nona The Sunshine Network Group Thunderbird Express, Inc. TJM Communications, Inc. Total Health Guidance, John Stiteler Beth Turra U.S. Legal Support, Inc. Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC

www.orangecountybar.org

PAGE 19


The Hon. John Kest; Wayne Helsby, Esq.; Tom Wert, Esq.; David Cannella, Esq.

Coravious Cowart, Esq.; Melody Lynch, Esq.; Chris Bryant

Charles Wells, Esq.; Bruce Blackwell, Esq.; Linda Wells, Esq.

Rebecca Blechman The Hon. Mark Blechman

Larri Thatcher, Esq. Brandon Sapp, Esq. Stephanie Alcalde, Esq. From Cole, Scott & Kissane, P.A.: (back row) Justin Seekamp, Esq.; Tyler Kobylinski, Esq.; Kristyne Kennedy, Esq.; , (front row): Adrienn Toth, Esq.; Jeramy Beasley, Esq.; Jessica Anderson, Esq. PAGE 20

www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


The Hon. Patricia Doherty Deborah Moskowitz, Esq.

Anna Roberts, Esq. Eve Zhao Susan Doyle

Legal Aid Society Breakfast of Champions

Melody Lynch, Esq. Angel Bello-Billini, Esq. Teri Winkler

The Hon. Eric DuBois Norberto Katz, Esq.

Orlando Legal

A special thank you to our $10,000 Champion Sponsor!

theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 21


ATTORNEY AT LAW

G(8#&4H+)IJ&'#'8+)

H8K8&4<$$%#&I

L?'(#+(F8)#(C4M(8'I

Florida Trend’s “Legal Elite� – selected GPS 6

Top 2% of Florida attorneys as chosen by their peers

Thompson Reuters “Florida SuperLawyers� – recognized GPS 7

Top 5% of Florida attorneys by peer review & independent evaluation Florida Bar Certified !" Appellate Practice #!"$% 1994 AV Rated Martindale Hubbell #!"$% 1988 Bar Register &' Preeminent Lawyers #!"$%(2004 )*+ Years &' Appellate Experience

!!!"#$$%&&#'%$#(')%("*+, -./012203/..4 7#(*8#49"4:8$$8)*+''4;"<"44544;"="4>+?4@6A1@A44544:#B%47#(CD4E&+(8F#4A3/@6

PAGExx 22                      PAGE

www.orangecountybar.org        www.orangecountybar.org

 

theBrie theBrie Vol. 8682No. 21 2014 Vol. No. fs February fs January2018 


Lake Baldwin Park 4963 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins Registration Fees: $30 – Feb. 1 - March 26 $35 – March 27 - race day NEW! Virtual Race Registration - $30 Group Discount Pre-registration: $5 off per registration (20-29 people) $10 off per registration (30+ people) Email OCBALawDay5k@gmail.com for group registration prepayment form!

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

Chip timing, custom shirts, kid’s run, entertainment, refreshments, finisher medals, and FUN!

For details and to register, go to http://www.runsignup.com/ocbalawday5k

Net proceeds benefit the Legal Aid Society of the Orange County Bar Association, Inc., and the OCBA Foundation, Inc.

Lake Baldwin Park 4963 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins Registration Fees: $30 – Feb. 1 - March 26 $35 – March 27 - race day NEW! Virtual Race Registration - $30 Group Discount Pre-registration: $5 off per registration (20-29 people) $10 off per registration (30+ people) Email OCBALawDay5k@gmail.com for group registration prepayment form!

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

Chip timing, custom shirts, kid’s run, entertainment, refreshments, finisher medals, and FUN!

For details and to register, go to http://www.runsignup.com/ocbalawday5k

proceeds2018  benefit Legal Society    of the Orange County Bar Association, Inc., and the OCBA Foundation, Inc.         theBrieNet Vol.the 86 No. 2 Aid      www.orangecountybar.org         fs February

PAGE 23


Paralegal Section Toys for Tots Holiday Party December 7, 2017 Citrus Club

PAGE 24

www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


SpecialParalegal Section

G Peonca S. Grier, CP, FRP

Paralegal Section Toys for Tots Holiday Party

iving back is one of the things I learned from many senior paralegals when I began my career. Although sometimes the work we do is underrecognized, we have the opportunity to touch many lives throughout our career. One of the things I love most about being a paralegal is helping others, whether it is a client, an attorney, fellow colleagues, or those in our community who are in need. That is why I was so excited when I was asked to assist the Paralegal Section with collecting toys for its annual Toys for Tots drive. Since 2012, the OCBA Paralegal Section has partnered with the Marine Corps to collect toys for children in our community, which are presented to the Marines at the section’s annual holiday party. The partnership was initiated by paralegals Paul Smith and Risa Reynolds and has been going strong ever since. This year’s program was chaired by paralegals Lori Spangler and Anne Fisher. My firm, Dean Ringers Morgan & Lawton, P.A., along with Greenberg Traurig, P.A.; Lowndes, Drosdick, Doster, Kantor & Reed, P.A.; the Rebecca L. Palmer Law Group; and the OCBA served as drop-off locations. In addition, paralegals, attorneys, and staff from many other firms donated to the drive.

theBriefs February 2018 Vol. 86 No. 2

Lori Spangler comments that this year’s drive was “especially important in light of all of the Hurricane Irma victims from Puerto Rico who migrated to central Florida. Many families arrived at Orlando International Airport with little more than the clothes on their backs. Seeing all of the toys that were collected and donated to Toys for Tots warmed my heart. It gave me great pleasure knowing that children, who may not have received anything for Christmas, would have at least one toy to open on Christmas morning.” It was an honor and pleasure to present the boxes of toys to the Marines at our holiday party. On behalf the section’s members, we would like to thank everyone who donated at our collection sites, as well as our sponsors - Mike Amsterdam of First American Title Company, David Richter of Phipps Reporting, and Regina Verret of Thompson Reuters. Your generosity helped make our collection goals a reality. Peonca S. Grier, CP, FRP, is a paralegal with Dean Ringers Morgan & Lawton, P.A.

www.orangecountybar.org

PAGE 25


Technology Committee continued from page 13

The most interesting new app is LiquidText, which allows you to view a long PDF, highlight it, and even excise portions of it into a work-page area that can then be printed or emailed. It is excellent for reading long articles or textbooks where many pieces of verbatim text are needed for future reference, or perhaps incorporating text into a cross-examination outline of a medical expert. Presentations – The iPad allows users to take advantage of the most common presentation apps such as Microsoft’s PowerPoint and Apple’s Keynote. They do a good job, but when preparing for a long presentation this is the one area where a desktop computer can be more useful. However, long and effective mediation and trial presentations can still be created on the iPad when necessary. Newer software apps, such as Prezi, provide several opportunities for creative presentations. For trial lawyers in the courtroom, the iPad can be hooked up to projectors and in-court large screen TVs to display documents, medical illustrations, timelines, and an entire PowerPoint/Keynote presentation for opening and closing arguments. This can even be done wirelessly and without a Wi-Fi signal by using the Apple TV. Perhaps one of the best courtroom apps – TrialPad – allows attorneys to store and organize documents and images for

trial presentation purposes, or use a whiteboard feature to explain key issues to the jury. Additionally, the iPad can be used to show video-taped depositions to the jury without expensive trial technology courtroom support. Mobile technology can be an asset to your practice if you devote the time necessary to set it up and diligently use it. The iPad, or any similar tablet device, is just a tool. The habits and routines that integrate this tool into your daily work life are the “secret sauce” to running an efficient litigation practice. Richard B. Schwamm, Esq., is the managing partner in the Orlando office of Haliczer Pettis and Schwamm, P.A. His practice focuses primarily on handling the “plaintiff’s side” of significant damages cases, involving medical malpractice, catastrophic injury, wrongful death and child injury litigation. He may be reached at 407-841-9866, or rschwamm@hpslegal.com. He has been a member of the OCBA since 1998.

DIVORCE & FORENSICS CPA • Business Value, Forensic Investigation, Pension Value, Litigation Support and 12.285. • Lifestyle Analysis; Financial Affidavit; Alimony; Equitable Distribution Contact:

Thomas J. Gillmore, CPA-ABV-CFF, CFE 407-716-4795• tomg@FloridaDivorceCPA.com

Chief’s Column continued from page 9

ing with parents who themselves may have been abused. Circuit Judge Tanya Davis Wilson was appointed to the Orange County court in 2014 by Governor Rick Scott and to the circuit bench in March 2017 by Governor Scott. Judge Wilson filled a vacancy created upon the death of circuit Judge Scott Polodna. Judge Wilson was a close friend of Judge Polodna, who mentored her while she practiced law and while she served as a county judge. Judge Wilson practiced law as an assistant public defender in the Ninth Circuit, as an assistant federal public defender, and as an assistant United States attorney before her appointment to the bench. The eight men and women listed above have distinguished themselves as outstanding members of the judicial branch of the State of Florida. They have served the citizens of the State of Florida and have enhanced the Ninth Judicial Circuit Court by their numerous contributions to improving the judicial system in the region and state and by dedicating themselves unselfishly to administering justice to those citizens who appeared before them. Their service honors all of us. We salute them and thank them for their work on our behalf. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993. PAGE 26

Have Clients with IRS Problems?

Look No Further than the Team at Heinkel Tax Law Group!

The Team at Heinkel Tax Law Group includes a former IRS Appeals Officer; a CPA; EAs; a tax attorney and a criminal tax attorney. The Heinkel Tax Team has a combined average experience of over 30 years fighting the IRS and DOR. You can trust YOUR clients to the Heinkel Tax Team. Make the referral and make your clients happy you did. We deeply appreciate all of our many referral relationships built over the years, and strive to establish trust and confidence in your clients, that we will try to resolve their tax dilemmas. You can trust in our skills, and having a rewarding referral relationship with us. Orlando - Daytona - Melbourne:

(407) 629-5923

Bring your lunch and pick up great practice pointers on February 12! 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjabc1@ocnjcc.org Topic: Attorneys’ Fees: Hour 2

Brown Bagging with the Bobs www.orangecountybar.org

Speakers: The Hon. Don Myers The Hon. Kevin Weiss theBriefs February 2018  Vol. 86 No. 2


PhotoOps National Adoption Day Each year, National Adoption Day falls on the Saturday before Thanksgiving. As with past years, the Ninth Circuit celebrated the occasion by holding companion adoption ceremonies in Orange and Osceola counties. On Friday, November 17, 2017, more than three dozen children were welcomed into their “forever families.” Community Based Care of Central Florida and other stakeholder agencies have partnered with the courts to draw awareness to the more than 20,000 foster care children statewide still in need of finding loving, stable homes. The Honorable Alicia L. Latimore presided over the Orange County ceremony, and The Honorable Patricia Strowbridge presided over the ceremony in Osceola County. Speaking fondly of the event, Judge Latimore said, “It just warms my heart each year to see these beautiful children and amazing parents coming together to form forever families. Every child deserves true love and a place to grow to his or her full potential. I am honored to be the presiding judge at this inspiring event.”

The Honorable Alicia L. Latimore and “forever families.”

The Honorable Alicia L. Latimore, Chief Judge Frederick J. Lauten

The Judge William Wieland Workers’ Compensation Inn of Court The Judge William Wieland Workers’ Compensation Inn of Court has designated Give Kids the World (“GKTW”) as its adopted charity. The Inn’s members volunteer at GKTW for a yearly workday each August and serve food to the children and families several times each year. This year, the Inn held a Halloween candy drive to donate candy for the GKTW Halloween trick–or–treat event. The Inn and its members’ law firms filled 50 buckets, donated by ACE Hardware, with almost 400 pounds of candy! The candy was delivered to GKTW just after Halloween. The Inn will continue its candy drive next year and invites all Orange County law firms to get involved. Contact Frank Wesighan, Esq., at FWesighan@DRML-Law.com.

theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 27


PhotoOps Labor & Employment Law Committee Holiday Party

Labor & Employment Committee members (front row): Craig F. Novick, Esq.; Cynthia Tirado; Rachel D. Gebaide, Esq.; Judy Cane; Chris A. Pace, Esq.; (back row): Justin W. McConnell, Esq.; Scott C. Adams, Esq.; Lauren R. Robertson, Esq.; Tyrone A. Adams, Esq.; Kevin All-Nash, Esq.; Ryan LaBar, Esq.

Serious Fun and Games

Former OCBA president Jamie Billotte Moses, Esq., traveled to Tempe, Arizona, in November to compete in her first Ironman competition. She finished in an impressive 13 hours and 16 minutes, ranking 34 of 123 in her age division, with an overall ranking of 207 of 678 women, which put her in the top one-third of the competitors! Ironman competitors are required to swim 2.4 miles, cycle 112 miles, and run 26.2 miles. Congratulations, Jamie!

PAGE 28

www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


ParalegalPost

T Lori M. Spangler, FRP

Florida Registered Paralegal Standing Committee Summary of the June 22, 2017 Meeting

he Florida Registered Paralegal (“FRP”) Standing Committee (the “Committee”) is pleased to present a brief summary of the Florida Registered Paralegal Standing Committee meeting on June 22, 2017 in Boca Raton, Florida. The following Committee members were in attendance at the meeting: Shannon Fleming, Esq., FRP assistant director; Thomas Jerla, chair; Lori Spangler, vice-chair; Patricia DeRamus, FRP and past president of the Paralegal Association of Florida; Cary High, Esq.; Stephen Sanchez, FRP; Wendy Toscano, Esq.; and Wayne Smith, Esq. More than 30 FRPs from across the state attended the meeting in order to observe the Committee at work and personally meet members of the Committee. The Committee reviewed the meeting minutes of the Winter Meeting held on Friday, January 27, 2017 at Gaylord Palms Convention Center. After the meeting minutes were approved, William Kalish, Esq., made a presentation to the Committee regarding the Florida Supreme Court’s Order on Professionalism. The Professionalism Order of the Supreme Court (2013) as amended (2015) will be further amended to include a paralegal component. A panel was formed to address this important issue by The Florida Bar. The members of the panel are William, Patricia, Cary, and Wendy. The Committee reviewed applications regarding eligibility of applicant #302544 and #262635. The Committee decided to deny the application of applicant #302544 until such time as the applicant obtains her transcript and diploma. Applicant #262635, who was previously revoked due to incomplete fulfillment of her CE requirement, provided certificates to the Committee for review. The Committee previously reviewed the materials, found a number of discrepancies, and informed the applicant that she would not be reinstated. Applicant #262635, who wished to appeal her revocation, was invited to address the Committee but did not show up for the meeting. The Committee decided that the applicant’s status would remain revoked, and a letter would be transmitted to her offering her an opportunity to personally appear before the Committee to hear her appeal. Rule 20-3.1(a)(5) has been amended as follows: a juris doctorate degree from an American Bar Association-accredited institution, plus a minimum of one year of paralegal work experience. However, if an attorney is licensed in another state

theBriefs February 2018 Vol. 86 No. 2

and is a member in good standing, there is no minimum paralegal work experience requirement. (Note the italicized language reflects the amendment to Rule 20-3.1(a)(5).) The Committee’s e-newsletter is being sent to all FRPs, and the email list will be revised to include all attorney members of the Committee. The next e-newsletter will publish articles provided by the Palm Beach County Bar Association. If any FRPs are interested in submitting articles, please email them to Lori at SpanglerL@GTLaw.com. June 2017 was the end of the term for Patricia, who served as co-chair of the e-newsletter with Lori. Patricia’s position has been filled by another member of the Committee. The new co-chairs for 2017-2018 are Richard Tejeda and Lori. The Committee’s e-newsletters will be sent periodically. If you are not receiving them, check your spam folders, or contact Shannon at The Florida Bar to ensure she has your correct email address. Her email address is sfleming@floridabar.org. Next year’s annual Florida Bar Conference will be held in June 2018 at the Bonnet Creek Hilton Resort in Orlando. The Committee had an extensive discussion about the possibility of hosting a CLE seminar at the 2018 conference. A subcommittee was formed to plan an event and report back to the Committee during the September 27, 2017 telephonic conference call. Members of the subcommittee are: Lori, sub-committee chair; Stephen; Patricia; Paul Pelton, OCBA Paralegal Section president; Jennifer Finch, Central Florida Paralegal Association president; and Misty McGlothern, OCBA Paralegal Section past president. Committee members Wayne, Cary, and Wendy have offered to help the subcommittee with their endeavor. The Committee discussed the communication issues pertaining to FRP members not receiving information regarding the Committee’s meetings. It was agreed that Lori would prepare a synopsis of the Committee’s meeting minutes and Shannon would send it to all FRP members. In follow-up to a previous discussion with Florida Board of Governors liaison, Wayne and Patricia’s discussion with Access to Justice Commission chair Gregory Coleman, Esq., it was suggested that the Committee draft a second letter to the Commission regarding the appointment of an FRP. The Committee reached a consensus that an FRP

www.orangecountybar.org

continued page 30

PAGE 29


Paralegal Post

continued from page 29

should sit at the table in order to provide information regarding paralegals’ roles within The Florida Bar and the Committee. A draft letter was presented to the Committee for review and commentary. The Committee discussed the possibility of establishing a Paralegal Section. Members discussed this issue with Wayne and

he agreed with the idea. He also discussed the possibility of changing the Committee’s status to a “Section” of The Florida Bar. Immediately following the Committee’s meeting, all of the FRPs and Committee members were provided with complimentary drink tickets, courtesy of Lytal, Reiter, Smith, Ivey and Fronrath, and attended the convention reception.

We encourage each of you to attend future meetings so that you may observe the inner working of the Committee and get to know the Committee members. Please be on the lookout for emails regarding the next meeting date, time, and location. Lori M. Spangler, FRP, is a paralegal at Greenberg Traurig, P.A. She is currently the secretary/ treasurer of the OCBA’s Paralegal Section. She has been a member of the OCBA since 1994.

PhotoOps Paul C. Perkins Bar Association Holiday Mixer

Central Florida Association for Women Lawyers

Lauren Millcarek, Esq., CFAWL board representative to the Florida Association for Women Lawyers; Freddy Clayton, president and CEO of Orlando Union Rescue Mission; and The Honorable Margaret Schreiber, CFAWL past president.

Jeanine-Marie Anty, Esq. David Wilson, Esq. Demetrius Wilson, Esq. and guest

Left side (front to back): Scott Leitner, Esq.; Leia Leitner, Esq.; Christine Berk, Esq.; William Voight, Esq.; Stephen Chong, Esq.; Vanessa Braga, Esq.; Annie Kwong, Esq.; Sunny Hillary, Esq.; Greg Maaswinkel, Esq. Right side (front to back): Ronnald Mejia, Esq.; Amy Voight, Esq.; Kim Nguyen, Esq.; Lisa Gong Guerrero, Esq.; Joe Braga; Onchantho Am, Esq.; Donna Hung, Esq.

Greater Orlando Asian American Bar Association Holiday Dinner PAGE 30                      www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


SideBar

Alena V. Baker, Esq.

H

ope your 2018 is off to a great start! Here is a look at what some of our voluntary bar associations have been busy doing to ensure that 2018 becomes their best year yet.

FBA The Federal Bar Association (“FBA”) kicked off 2018 with its First Friday Lunch and CLE event on January 26, 2018. The seminar, “Federal Primer for the Non-federal Practitioner,” was held in conjunction with OCBA’s Young Lawyers Section. For details about other upcoming FBA events, please visit the FBA website at http://www.fedbar.org/Chapters/Orlando-Chapter.aspx, and follow the Federal Bar Association – Orlando Chapter on Facebook. CFAWL The Central Florida Association for Women Lawyers (“CFAWL”) closed out one of its most impressive years yet. Since the last Briefs edition, CFAWL held a holiday party, hosted by Marina Ellis, Esq., and Kristen McMullen, Esq., which featured the chorus from Rock Lake Elementary School, games, an ornament decorating table, as well as some great food that had its members in the holiday spirit. While the members enjoyed the holidays, they also gave back. CFAWL had a joint happy hour with the Federal Bar Association that raised enough money to feed approximately 1,000 people a hot Thanksgiving meal at Orlando Union Rescue Mission. As part of CFAWL’s annual Angel Tree Project, chaired by Annie Kwong, Esq., CFAWL members sponsored 66 children to make sure they had presents for the holidays. CFAWL still means business in 2018 and kicked off its year with Congresswoman Stephanie Murphy, the first Vietnamese woman elected to Congress, as its keynote speaker at January’s luncheon. CFAWL also sponsored and participated in the Central Florida Diversity and Inclusion Picnic at Barry University, which was chaired by Annie and Onchantho Am, Esq. Don’t forget to renew your CFAWL membership, and join us for our monthly luncheons and activities if you have not already, because 2018 is sure to not disappoint!

theBriefs February 2018 Vol. 86 No. 2

Goaaba On December 13, 2017, the Greater Orlando Asian American Bar Association (“GOAABA”) held its holiday dinner party at Dragonfly Robata. It was a great time for networking and reconnecting with old and new members! PCPBA On December 12, 2017, the Paul C. Perkins Bar Association (“PCPBA”) held its holiday mixer at Ember. Members had a chance to both network and have a good time at this event, which closed the year for PCPBA. PCPBA’s first general body meeting of 2018 was held on January 10, 2018 at the UCF Executive Development Center, and featured a panel of local judges. For more information about future events, please visit https://www.facebook.com/ PAULCPERKINS/. CFACDL The Central Florida Association of Criminal Defense Lawyers (“CFACDL”) teamed up with the OCBA’s Criminal Law Committee and held a joint CLE at the Sorosis Club on January 31, 2018. David Margolis, Esq., who is the general counsel to the Orange County Clerk of Court, spoke at the event about the many issues that arise between members of the criminal bar and the Clerk of Court. CFACDL would also like to recognize one of its members, Mauricio Hued, Esq., for outstanding work as a federal public defender in 2017. Mauricio worked tirelessly to achieve significant victories for his clients in 2017 and is working to make 2018 even better. Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com. Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011.

www.orangecountybar.org

PAGE 31


OCBA February Luncheon continued from page 7

Representative Bobby D. DuBose Currently, Representative DuBose is a member-at-large for the National Black Caucus of State Legislators, and a member of the Florida League of Cities’ Board of Directors; National Black Caucus of Local Elected Officials; Florida Conference of Black State Legislators; National Conference of State Legislatures; Florida Black Caucus of Local Elected Officials (where he served as regional coordinator); and Florida Blue Key Advisory Board. Representative DuBose has received numerous honors and awards, including the Florida League of Cities’ Legislative Appreciation Award in 2016 and 2017; 2017 Florida Association of Counties Legislative Leadership Award; Exceptional Service to the Community Award from the TJ Reddick Bar Association; 2013 Broward Education Foundation’s Hall of Fame Outstanding Achievement Award; and 2011 South Florida’s 50 Most Powerful Black Professionals by Legacy magazine. Representative DuBose is a member of Mount Bethel Baptist Church. He is married to the former Yvette Culver and the proud father of Ethan Joshua and Jacob Emmanuel. Keith Salkowski From 1993 to 2006, he honed his non-fiction skills by writing, producing, and editing several dozen documentary shorts for Maryland Public Television. From 2006 to 2014, he wrote and/ or post-produced hundreds of long-form projects for Discovery Communications, home of the Discovery Channel and more than a hundred off-shoot channels. One of his favorite projects was an Animal Planet documentary about efforts to protect a small, endangered primate found only on Madagascar. Mr. Salkowski has received numerous accolades for his short documentaries and videos, including eight Telly Awards, three ITVS Awards, and a Suncoast Emmy nomination. He believes in leading a well-rounded life and has been involved in sports as an athlete, coach, administrator, and on-field official since the age of eight. He currently works every autumn weekend as an NCAA football official. An avid backpacker, hiker, and mountaineer, he has climbed mountains on three continents, and plans to make it seven in the near future. Mr. Salkowski feels that the opportunity to make a feature historical documentary on a case as important as the Groveland Four is a dream come true.

Invite your colleagues to join the OCBA today! Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! 407-422-4551, ext. 225

Speaker: Paul C. Perkins, Jr., Esq.

Paul & Perkins PA

Tuesday, March 13, 2018

8:00 a.m.-9:30 a.m. OCBA Center OCBA Members Only FREE

Register at www.orangecountybar.org/store

by March 12

Limited Seating Breakfast Included

Save the Dates!

Tuesday, April 3, 2018: U.S. Senator Mel Martinez Tuesday, May 1, 2018: Meenakshi & Arti Hirani, Esqs.

In an effort to provide legal services for those who do not qualify for legal aid programs but cannot afford standard attorney’s fees, we are launching a new Modest Means Panel as part of our existing Lawyer Referral and Information Service. Types of cases referred include: Criminal Family Tenant

Participating attorneys must agree to charge the clients based on the Modest Means Panel fee structure, which has been set by the OCBA LRIS and is based on a client’s financial eligibility. For the Modest Means Panel application and additional information, go to http://www.orangecountybar.org/lris, or call our LRIS manager at 407-422-4551, ext. 226.

PAGE 32                      www.orangecountybar.org

theBriefs February 2018  Vol. 86 No. 2


YLS on the move

O

Jennifer Smith Thomas, Esq.

ur mantra this year is #wedomore, and here are some of the things we have been doing: On December 1, 2017, YLS members gathered at Ace Café for our annual holiday party. Tickets for the event were free thanks to our sponsor, US Legal. Members mixed, mingled, and enjoyed drinks, hors d’oeuvres, and desserts in a festive atmosphere among friends. Also, as part of the festivities, YLSers participated in a toy drive to benefit the students at Washington Shores Elementary. Partygoers were asked to bring unwrapped toys or donate money toward the purchase of additional toys. Located in the heart of an economically challenged area near downtown Orlando, Washington Shores Elementary is a Title I school where 100% of the students receive free/reduced meals (breakfast, lunch, and dinner). The toys and funds donated benefit homeless and foster children in the Orlando area. Thanks go to Denise Beamer, Esq., for organizing the toy drive this year and to co-chairs, Robin Nauman, Esq., and Conti Moore, Esq., for putting together such a great event. On January 12-13, YLS board members Andrew Roy, Esq., and Jill Simon, Esq., attended the Florida Bar YLD Affiliate Outreach Conference in St. Petersburg, Florida. Joined by YLD Affiliates from throughout the state, YLS pitched its upcoming book fair at Washington Shores Elementary School to be awarded grant money from the YLD. Also in attendance at the conference were Ninth Circuit YLD board of governors Eric Elms, Esq., Jen Smith Thomas, Esq., and Denise Beamer, Esq., whose election to the board of governors also earns them a seat on the OCBA YLS board. Congratulations to Andrew and Jill in successfully obtaining grant money for this new event! On January 19, 2018, YLS hosted its first monthly luncheon of the year. Our speakers were Ericka Garcia, Esq., director of pro bono partnerships, and Claud B. Nelson, III, Esq., pro bono program officer, both of The Florida Bar Foundation. Ericka and Claud gave an interactive presentation regarding the launch of the Florida Pro Bono Matters website. YLS members learned that

theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

the new website makes finding the right pro bono case very simple. On January 20, 2018, YLS hosted its second Charity Putt-Putt Tournament. The event included nine mini-golf holes at Sideshow, Bar B, Stagger Inn, Swiggs, Underground, Graffiti Junktion, Ferg’s Depot, and Hooch. All proceeds benefitted One Hope United, which provides an array of prevention, intervention, and community-based support programs, including adoption, foster care, foster parent training and licensing, family preservation, and in-home services as well as community mental health. Thanks go to event co-chairs, Conner Kelly, Esq., and Arti Hirani, Esq., for putting together this successful and fun fundraiser. On January 26, 2018, YLS teamed up with the Orlando Chapter of the Federal Bar Association for another seminar in our YLS Learns CLE series. YLS members participated in a panel discussion with experienced federal practitioners on the pitfalls of federal court, featuring The Honorable Karla R. Spaulding, United States Magistrate Judge for the United States District Court, Middle District of Florida. One hour of free CLE credit was provided to those who attended the event. Thanks go to YLS CLE chair, Lauren Millcarek, Esq., for putting together another great YLS Learns event. Stay tuned for these upcoming YLS events: February Luncheon: February 16, 2018, at the Citrus Club Evening with the Judiciary: March 8, 2018, at the Orlando Museum of Art March Luncheon: March 9, 2018, at the Citrus Club Book Fair: March 13, 2018, at Washington Shores Elementary And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls Jennifer Smith Thomas, Esq., partner at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

PAGE 33


Ne w M e mbe rs Attorneys Brian Barakat Virginia Beeson Natalie C. Bunnell Lindsey N. Burgos Vanessa CalcanoThomas Adam J. Campbell Patrick J. Cassady Fernanda Cortes George D. Dennison Ivan A. Lys-Dobradin Mario A. Errico Leslie A. Ferderigos

Joshua R. Gale Richard O. Hale David W. Halverson Lee M. Jacobson Juli S. James Wesley W. Jones Angelo E. Mancini Marshall E. McKinstry Nicholas A. Mitchell Markus X. Murden Claud B. Nelson III Migdalia Perez Gigi Rollini Gavin P. Rynard

Ana M. Senior Elizabeth A. Sterner Adrienn N. Toth Clementine Uwabera Howard M. Waldman Hurley P. Whitaker II Natalie M. Yello Justin York

Affiliates Paula M. Castro Laura C. Jones Shonta J. McCord Michele F. McNerney Stephanie A. Smith

Lisa M. Shelnut Denise M. Williamee

Associates Wayne M. Miller Dana M. Schmidt

Law Students Alexandria E. Decatur Taylor A. Guzy

Paralegal Students Jessica L. Graham Carol E. Murray Jennifer M. Doctor

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.

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Wicker, Smith, O’Hara, et al. Winderweedle, Haines, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of OCBA Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.

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

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

PAGE 34                      www.orangecountybar.org

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

theBriefs February 2018  Vol. 86 No. 2


CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

George F. Indest III, J.D., M.P.A., LL.M.

Michael L. Smith, R.R.T., J.D.

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

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

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

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

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 35


Protection & Peace of Mind Since issuing its first policy in1989, Florida Lawyers Mutual has been providing Florida law firms with the protection and security needed for Peace of Mind. Why choose Florida Lawyers Mutual?

SERIOUS INJURIES. PROVEN RESULTS. Contact Us For Co-Counsel Opportunities.

WWW.HPSLEGAL.COM

Orlando (407) 841-9866

Fort Lauderdale (954) 523-9922

* Created by The Florida Bar * Rated “A” Excellent by A.M. Best

* Cyber Coverage Included * Aggressive Defense of Your Reputation

* Owned by our Policyholders * 10% Premium Discount for Board Certified Lawyers

* One on One Personal Service * Free CLE

Call or visit us online to learn how professional liability insurance can protect you.

flmic.com | 800.633.6458 C R E AT E D F O R L AW Y E R S , B Y L AW Y E R S

1/4 page Protection & Peace of Mind Ad.indd 1

12/10/17 9:00 AM

FAST. ACCURATE. RESPONSIVE.

COURT REPORTING & VIDEOGRAPHY Milestone Reporting Company is focused on the advancement of the latest technologies in the court reporting industry. We have introduced innovations such as working video, live deposition streaming, video-to-text synchronization, transcript editors for your tablets and many others. For more information, visit us at MilestoneReporting.com Available 24/7 After hours (407) 793-7779 Daytime 855 (MY-DEPOS)

Reporters & Conference Rooms Available Worldwide www.milestonereporting.com / scheduling@milestonereporting.com / Fax (407) 841-2779

PAGE 36

fs February 2018 Vol. 86 No. 2

www.orangecountybar.org           theBrie


Events Feb. 6 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m. Speaker: Tommy Boroughs, Esq. Members only. Free. Register by Feb. 5 at the OCBA Store. Feb. 23 – OCBA Annual Professionalism Awards Ceremony. 3:00 p.m.-5:00 p.m. Orange County Courthouse Jury Assembly Room. Free. RSVP by Feb. 20 at the OCBA Store. Mar. 8 – Evening with the Judiciary. 5:30 p.m.-8:30 p.m. Orlando Museum of Art. Fees: $35 (OCBA members/solo/gov’t); $45 (private practice); $55 (non-members). Fees increase after Mar. 1, 2018. Register at the YLS area of the OCBA Store. Mar. 13 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m. Speaker: Paul Perkins, Jr., Esq. Members only. Free. Register by Mar. 12 at the OCBA Store.

Seminars Feb. 1 – Appealing Wisely and Avoiding Un-Appealing Mistakes. Appellate Practice Committee Major Seminar. 9:00 a.m.4:30 p.m. OCBA Center. CLE: 6.0 general, including 1.0 technology (pending). Speakers: The Hon. Daniel P. Dawson; The Hon. Eric J. Eisnaugle; The Hon. Brian D. Lambert; The Hon. Thomas Sculco; The Hon. Margaret Sojourner. Fees: $40 (OCBA members); $50 (non-members); $25 (gov’t/students). Lunch will be provided. Register by Jan. 29 at the OCBA Store. Feb. 5 – Preservation of Error. Insurance Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Speaker: Kristie Hatcher-Bolin, Esq. Free (OCBA members/ gov’t/students); $15 (non-members). Sponsored by: Orange Legal. Register by Feb. 3 at the OCBA Store. Feb. 6 – Privette, Parenting Experts, and Safety-focused Parenting Plans. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: The Hon. Diana Tennis; Tenesia Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Feb. 7 – Bankruptcy Considerations for Business Litigators. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Speakers: Elizabeth Green, Esq.; Scott Shuker, Esq. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Register by Feb. 5 at the OCBA Store. Feb. 10 – Race Ready: Winning Strategies for Your Practice. Paralegal Section 2018 Annual Major Seminar. 8:00 a.m.-5:00 p.m. Rosen Plaza Hotel, 9700 International Dr., Orlando, FL 32819. CLE: 11.0 general, including ethics and technology. Speakers: J. Cheney Mason, Esq.; Kevin Rosen, Esq.; Wendy Spitler Toscano, Esq.; Joaquin Fraxedas, Esq.; Eric Reed, Esq.; Maria Breen, Esq. $165 (OCBA members); $180 (non-members). RSVP at http://tiny. cc/ocbaps2018. Feb. 12 – Modifying and Decanting Irrevocable Trusts. Estate, Guardianship & Trust Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Matt Ahern, Esq. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Register by Feb. 10 at the OCBA Store. Feb. 12 – Attorneys’ Fees: Hour 2. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Flr. Conf. Rm. CLE: 1.0 (pending). Speakers: The Hon. Don Myers; The Hon. Kevin Weiss. RSVP to Cindy Brown at ctjacb1@ocnjcc.org.

Feb. 20 – GAL Dependency Work: It Really is All Fun and Games… Sometimes. LAS Lunchtime Training. 12:00 p.m.1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Bethanie Barber, Esq.; Way Brown, CBC; Betsey Bell, FFC; Kathy Downs, VAC. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Feb. 22 – When Good Buildings Go Bad: Preserving the Building Enclosure. Construction Law Committee Seminar. 5:30 p.m.-7:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Brian J. DuChene, P.E. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Sponsored by: Orange Legal. Register by Feb. 20 at the OCBA Store. Feb. 23 – Time to Learn Your ABCs: Homeowners Association Accounting for Bankruptcy Cases. Bankruptcy Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Matt G. Firestone, Esq. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Register by Feb. 21 at the OCBA Store. Feb. 28 – Professionalism and the Attorney-Client Relationship. Professionalism Committee Major Seminar. 9:00 a.m.-5:00 p.m. OCBA Center. CLE: 7.0 general, including 6.0 ethics, 1.0 mental illness, and 1.0 technology. Speakers: The Hon. Donald A. Myers, Jr.; Brandon Banks, Esq.; Bruce Blackwell, Esq.; Eric Boughman, Esq.; Patrick Delaney, Esq.; Gene McCully, Esq.; Jamie Billotte Moses, Esq.; Marc Ossinsky, Esq.; Camy Schwam-Wilcox, Esq.; Patricia Toro-Savitz, Esq.; Scott Weinstein, Ph.D. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Sponsored by: Milestone Reporting. Register by Feb. 26 at the OCBA Store. Mar. 6 – Basic Dissolution of Marriage for the Pro Bono Attorney, Part 1. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Mar. 12 – Estate, Guardianship & Trust Committee Seminar. Details to come. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Register by Mar. 10 at the OCBA Store. Mar. 13 – Technology Committee Major Seminar. Details to come. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Register by Mar. 11 at the OCBA Store. Mar. 15 – Elder Law Committee Major Seminar. Details to come. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Register by Mar. 13 through the OCBA Store. Mar. 16 – Family Law Committee Seminar. Details to come. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Register by Mar. 14 through the OCBA Store. Mar. 20 – FSTs, IEPs, MDTs, Oh My! Meandering Through the Maze of Dependency Meetings. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Mexyce Roberts, Esq., and Teresa Burt, CBC. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Mar. 29 – Immigration Law Committee Seminar. Details to come. Fees: Free (OCBA members/gov’t/students); $15 (nonmembers). Register by Mar. 27 through the OCBA Store.

For seminar updates, please see the OCBA Store at orangecountybar.org/store.

An n o unce ments

theBriefs February 2018 Vol. 86 No. 2

www.orangecountybar.org

PAGE 37


CLASSIFIED ADS EMPLOYMENT Fast paced Insurance Defense Firm located in Maitland, FL is searching for a Legal Assistant. The firm handles first party property/ liability coverage issues. Insurance defense and strong litigation experience preferred. Please send all inquiries to the jmccallister@ rocklawpa.com PIP/BI Attorney Needed. BI Attorney Needed: Established insurance defense law firm seeks trial attorney with 7+ years of trial practice experience. The candidate must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very lucrative compensation package is available for the right person.

PAGE 38

Send resumes to mheaberlin@ gobelflakes.com. Health attorney for small law firm concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 3313030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE.

OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen

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

facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 898-4848. Maitland/Altamonte Springs: 700 sq ft four room office suite available. Electric and ample parking included. 407-425-0234 or info@ wfmblaw.com. LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area. Completely Renovated/ Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free. Parking included. (407)6481500. Office space available. East Jefferson Street. Include internet, fax and copier. 407843-4310. Office space available 1515 E. Livingston. Free

www.orangecountybar.org

standing building, 3 offices, reception and free parking. $1500/mo. Unfurnished, $1600/mo. Furnished. Contact Jessica Travis at jessicatravispa@gmail.com. DAYTONA BEACH SPACE FOR RENT. Two furnished 9th floor offices with direct view of Halifax River. Perfect satellite office. 444 Seabreeze. 386-492-4880. Downtown office available. 11th floor. Views of Lake Eola and downtown. Ample parking. Includes secretarial stations with receptionist, telephone, internet, copier. Please call 407-792-1285. WINTER PARK. Ultimate solo practitioner office space. Brand new building. www. village1101.com Inquiries: 407-929-3598.

theBriefs February 2018 Vol. 86 No. 2


Here’s to those who make their mark. For 45+ years, ADD+G has been a formidable presence in Florida law, specializing in patent, trademark and copyright acquisition and counseling, intellectual property, and complex business litigation. Our depth of experience allows us to provide effective legal services to a range of clients from individual entrepreneurs to national and international corporations. So whatever your intellectual property needs may be, we have the team in place.

SQUARELY IN YOUR CORNER

OFFICES: Orlando, Miami, Winter Springs SATELLITE OFFICES: Jacksonville, Tampa

AllenDyer.com ▪ 407-841-2330

P AT E N T S ▪ T R A D E M A R K S ▪ C O P Y R I G H T S ▪ L I C E N S I N G ▪ I P L I T I G AT I O N

SEXUAL HARASSMENT AND EMPLOYMENT RETALIATION LAW Representing Victims of Sexual Harassment in Orlando and Tampa

Free Case Review Contingency Fees Only CALL TOLL FREE

888-328-1555

Ronald Fraley, an AV rated attorney, has practiced Employment Law for almost 30 years.

The Fraley Law Firm, P.A.

813-229-8300 theBriefs February 2018 Vol. 86 No. 2

u

VISIT OUR WEBSITE: www.fraleylawfirm.com   www.orangecountybar.org

PAGE 39


OCBA Calendar

OCBA February Luncheon

FEBRUARY - MARCH

February

1

Appellate Practice Committee Major Seminar Appealing Wisely and Avoiding Un-Appealing Mistakes 9:00 a.m. • OCBA Center

Insurance Law Committee 5 Seminar Preservation of Error 12:00 p.m • OCBA Center

6

Member Perks Speaker Series Tommy Boroughs, Esq. 8:00 a.m. • OCBA Center Law Day 5k Committee Meeting 12:00 p.m • OCBA Center Professionalism Committee Meeting 12:00 p.m • OCBA Center LAS Lunchtime Training Privette, Parenting, Experts, and Safety-focused Parenting Plans 12:00 p.m. • Marks St. Senior Center

7

Technology Committee

Meeting 12:00 p.m • OCBA Center

14

Elder Law Committee Meeting 12:00 p.m • OCBA Center Lawyers Literary Society 12:00 p.m • OCBA Center Veterans Committee Meeting 12:00 p.m • OCBA Center

15 Monthly Luncheon 1 6 YLS 11:30 a.m. • Citrus Club & Small Firm 2 0 Solo Committee Meeting

ADR Committee Meeting 12:00 p.m • OCBA Center

12:00 p.m • OCBA Center LAS Lunchtime Training GAL DependencyWork: It Really is all Fun and Games… Sometimes 12:00 p.m. • Marks St. Senior Center

21

Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Business Law Committee Seminar Bankruptcy Considerations for OCBA Luncheon Business Litigators Co-host: Paul C. Perkins Bar 12:00 p.m • OCBA Center Association Representative Bobby DuBose Executive Council Keith Salkowski, WUCF Meeting 11:30 a.m. • The Ballroom 4:30 p.m. • OCBA Center at Church Street Social Security Construction Law Committee Meeting Committee Seminar 12:00 p.m • OCBA Center When Good Buildings Go Paralegal Section 2018 Bad: Preserving the Building Annual Major Seminar Enclosure Race Ready: Winning 5:30 p.m. • OCBA Center Strategies for Your Practice Family Law MA/JA 8:00 a.m. • Rosen Plaza Luncheon Hotel 12:00 p.m. • Citrus Club Estate, Guardianship & Bankruptcy Law Trust Committee Seminar Committee Seminar Modifying and Decanting Time to Learn Your ABCs: Irrevocable Trusts Homeowners Association 12:00 p.m • OCBA Center Accounting for Bankruptcy Brown Bagging with the Bobs Cases Attorneys’ Fees: Hour 2 12:00 p.m • OCBA Center 12:00 p.m. • Orange OCBA Professionalism County Courthouse, 23rd Awards & Reception Flr. Conf. Rm. 3:00 p.m. • Orange County Law Week Committee Courthouse Jury Assembly Meeting Room 12:00 p.m • OCBA Center

22

8

10

23

12

13

PAGE 40

Social Committee 27 Meeting

Representative Bobby DuBose Keith Salkowski, WUCF Co-hosted by the Paul C. Perkins Bar Association Thursday, February 22, 2018 11:30 a.m.-1:00 p.m. The Ballroom at Church Street RSVP by February 19, 2018 orangecountybar.org/store

12:00 p.m • OCBA Center

Title Sponsor: First Green Bank Supporting Sponsors: LexisNexis, and Orange Legal

2 8 Professionalism Committee Major

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

Seminar Professionalism and the Attorney-Client Relationship 9:00 a.m. • OCBA Center

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

March Law Day 5k Committee 6 Meeting

Law Committee 1 5 Elder Major Seminar

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

ADR Committee Meeting 12:00 p.m • OCBA Center

TBD 9:00 a.m. • OCBA Center

12:00 p.m • OCBA Center

LAS Lunchtime Training Basic Dissolution of Marriage for the Pro Bono Attorney, Part 1 12:00 p.m. • Marks St. Senior Center Business Law Committee 7 Meeting 12:00 p.m • OCBA Center Executive Council Meeting 4:30 p.m. • OCBA Center Social Security 8 Committee Meeting

12:00 p.m • OCBA Center Evening with the Judiciary 5:30 p.m. • Orlando Museum of Art

Guardianship & 1 2 Estate, Trust Committee Seminar TBD 12:00 p.m • OCBA Center

13

Member Perks Speaker Series Paul Perkins, Jr., Esq. 8:00 a.m. • OCBA Center Law Week Committee Meeting 12:00 p.m • OCBA Center Technology Committee Major Seminar TBD 12:00 p.m • OCBA Center

Literary Society 1 4 Lawyers 12:00 p.m • OCBA Center Judicial Relations Committee Meeting 12:00 p.m. • 23rd Floor Conference Room, Orange County Courthouse

www.orangecountybar.org

YLS Luncheon 16 11:30 a.m. • Citrus Club Family Law Committee Seminar TBD 12:00 p.m • OCBA Center

20

Solo & Small Firm Committee Meeting 12:00 p.m • OCBA Center LAS Lunchtime Training FSTs, IEPs, MDTs, Oh My! Meandering Through the Maze of Dependency Meetings 12:00 p.m. • Marks St. Senior Center

2 Meeting 1 Appellate Law Committee 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Social Committee Meeting 27 12:00 p.m • OCBA Center Law 2 9Immigration Committee Seminar TBD 12:00 p.m • OCBA Center

Law 3 0Bankruptcy Committee Meeting

12:00 p.m • OCBA Center

There will be no OCBA Luncheon in March. For the latest news about committee meetings, seminars, and events, see the OCBA website at www.orangecountybar.org.

theBriefs February 2018 Vol. 86 No. 2


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.