Orange County Bar Association – The Briefs – February 2019

Nicholas A. Shannin, Esq. William Trickel, Jr. Professionalism Award

The Honorable Frederick J. Lauten James G. Glazebrook Memorial Bar Service Award

Inside this Issue: President’s Message Diversity and Inclusioin Celebrates Our Differences Richard S. Dellinger, Esq.

February 2019 Vol. 87 No. 2

Professionalism Committee OCBA 2019 Professionalism Awards Recipients

Ryan Williams, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

Chief ’s Column Diversity on the Bench The Honorable Frederick J. Lauten Diversity & Inclusion Committee The Carrot or The Stick?

Ahmad S. El-Gendi, Esq. Brian C. Lawrence, Esq.

Your Wrongful Death Attorneys Contact us for Co-Counsel Opportunities

SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Fort Lauderdale 954.523.9922 theBriefs February 2019 Vol. 87 No. 2

WWW.HPSLEGAL.COM www.orangecountybar.org

Orlando 407.841.9866

PAGE 1

Contents 3

President’s Message Diversity and Inclusion Celebrates Our Differences Richard S. Dellinger, Esq.

4

Clerk’s Corner Modernizing the Budget Process So Clerks Can Serve Florida Tiffany Moore Russell, Esq.

6

Professionalism Committee OCBA 2019 Professionalism Awards Recipients

7

February 2019 Luncheon The Honorable Mary S. Scriven United States District Judge

9

Chief’s Column Diversity on the Bench The Honorable Frederick J. Lauten

10

15

Legal Aid Society What We Do...

Knowledge is Power Jamos K. Mobley, Esq. Donna A. Haynes

31

Special: LRIS Lawyer Referral & Information Service Ask-a-Lawyer

32

New Members

34-35 SideBar Alena V. Baker, Esq.

37

12

40

Announcements Classifieds Calendar

14

Legal Aid Society GAL Teaching Tips GAL Educational Surrogate Parents Help Dependent Kids "Make the Grade" to Succeed Hannah N. Farber, Esq.

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2019 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

Hearsay Columnist Linnea M. Eberhart, Esq. YLS on the Move Heather M. Meglino, Esq. SideBar Alena V. Baker, Esq.

24-25 YLS on the Move Heather M. Meglino, Esq.

www.orangecountybar.org

©2019

Associate Editors Karen L. Middlekauff, Esq. & Robyn M. Kramer, Esq.

Paralegal Post Annual Toys for Tots Event Cori L. Schlitt, FRP, CP

38

PAGE 2

Editor Kate T. Hollis, Esq.

16-17

Diversity & Inclusion Committee The Carrot or The Stick?

Ahmad S. El-Gendi, Esq. Brian C. Lawrence, Esq. Labor & Employment Committee Orlando and Orange County Prohibit Sexual Orientation Discrimination: Is Federal Law Close Behind?

Allison Bekavac, Esq. Jolie N. Pavlos, Esq.

the Briefs

w OFFICERS Richard S. Dellinger, Esq., President Anthony F. Sos, Esq., President-elect LaShawnda K. Jackson, Esq., Treasurer Eric C. Reed, Esq., Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II, Esq. Amber N. Davis, Esq. William A. Davis, Jr., Esq. Thomas B. Feiter, Esq. Kate T. Hollis, Esq. Eric B. Jontz, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Gary S. Salzman, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. M. Ryan Williams, Esq. Elizabeth F. McCausland, Esq., Ex-officio Jill D. Simon, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Advertising & Sponsorship Manager Joan Giovanni w Publication Services Peggy Storch

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

theBriefs February 2019 Vol. 87 No. 2

President’sMessage

February 2019 T Richard S. Dellinger, Esq.

Diversity and Inclusion Celebrates Our Differences

he Orange County Bar Association, Inc. (“OCBA”) is made up of a diverse group of lawyers. Our members are male, female, and transgender; we have light skin, brown skin, and dark skin; we are gay and straight; we speak Spanish, English, Vietnamese, Chinese, Creole, French, German, and Russian; we are Jewish, Islamic, Christian, Hindu, and Buddhist; and we originate from countries all over the world. Yet, this was not the case when the OCBA was formed in 1933. At that time, the membership was comprised entirely of white males. For decades, the OCBA, like many other institutions, systematically excluded all other groups of people.

The OCBA of today meets at our bar center or at conference space downtown. The OCBA of the past met in private clubs that prohibited people of color and women. The OCBA of today puts women and people of color in leadership positions. The OCBA of the past referred to women as “wives and sweethearts”1 and had no members of color to serve as leaders. While our past leaders served our community well in many areas, they failed in the areas of diversity and inclusion. The poet Audre Lorde once said: It is not our differences that divide us. It is our inability to recognize, accept, and celebrate those differences.

To prepare this message, I interviewed numerous members and reviewed the historical materials available at the bar center. The first discussion I could find on diversity was in 1941. The February 26, 1941 OCBA minutes state: “Discussion was heard on the subject of Integration of the Bar and Married Women’s Rights.” The minutes do not state what was discussed or decided. And it is highly possible that the subject of integration was only a discussion of a mandatorily integrated, as opposed to a voluntary, state bar. After the discussion, we know the OCBA remained segregated for many years.

It took 35 years, the Civil Rights Acts, and landmark Supreme Court Opinions before the OCBA began to integrate in the late 1960s. In my review of the available membership photographs, the first person of color that I could find was Norris D. Woolfork, III,2 who was a member between 1968 and 1970. I also interviewed several senior OCBA members, and they advise that Paul Perkins, Sr., and James E.C. Perry were also active OCBA members during this time period. A de-

theBriefs February 2019 Vol. 87 No. 2

cade later, prominent African American lawyers met in the living room of Emerson Thompson to discuss their common goals for the practice of law. These meetings formed the foundation of the Paul C. Perkins Bar, an organization that is active and engaged today.

When the OCBA was founded, women were seen as supporters of their husband lawyers, not lawyers themselves. Photographs and membership rolls show extremely limited participation by women. And, the OCBA appeared opposed to women’s rights. The March 25, 1941 OCBA minutes state: “It was moved and carried that the Association go on record as opposed to the proposed married women’s acts, the vote being 12 yea.” These married women acts passed and granted women equal rights to own property, contract for the purchase of property, and sell property.3 During my interviews of senior OCBA members, I learned that the initial reception to women in the bar was not welcoming.

On June 30, 1951, a group of Florida women lawyers met in Miami Beach, Florida, and established the Florida Association for Women Lawyers (“FAWL”), and on March 1, 1980, FAWL authorized the establishment of local chapters.

Once established, the Central Florida Association for Women Lawyers (“CFAWL”) served a large group of local women lawyers. While there were a few women OCBA members in the 1960s and 1970s, the majority of female members joined in the 1980s. One prominent female OCBA member was Patricia C. Fawcett (now Senior United States District Court judge). Judge Fawcett was the first female OCBA president (1981-1982) and was the president who led the bar when the existing bar center was built. Well-known OCBA leaders such as Maura Smith (1995-1996), Mayanne Downs (1997-1998), Julie Frey (2000-2001), and Mary Ann Morgan (2001-2002) soon followed.

In Central Florida today, there are legal organizations to serve gay and lesbian (“CFGALLA”), Hispanic (“HBACF”), Asian (“GOAABA”), and Muslim (“FMBA”) lawyers. The Hispanic Bar Association of Central Florida was incorporated on September 3, 1991. The Central Florida Gay and Lesbian Law Association was formed in 2004.

And, the Central Florida Chapter of the Florida Muslim Bar Association was formed in 2016.

A few years ago, the OCBA amended its mission statement specifically to provide that the mission

www.orangecountybar.org

continued page 26

PAGE 3

Clerk’sCorner

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

Modernizing the Budget Process So Clerks Can Serve Florida

lorida’s clerks provide critical services that affect public safety, commerce, and access to justice.

However, the current budget process for these constitutional and statutory services is outdated, unstable, and fails to correspond with clerks’ needs and costs.

Next month when the legislative session starts, clerks will introduce a solution to this ongoing problem through a proposed bill we’re calling “The Clerks Serve Florida Act.” Clerks’ budgets are based on revenue projections alone. Revenue-generating cases, such as traffic citations, are decreasing; as revenues fall, so do clerks’ budgets. Over the past six years, the budget has fallen $47.7 million. Clerks’ statewide 20182019 budget is at least $40 million short of projected actual costs. The revenue-based budget does not account for the workload, needs, or costs of the modern clerk’s office.

When this budget process was built, it was anticipated that those who paid to access the justice system would produce sufficient revenues to fund all services clerks provide. Today, that’s not the reality. Clerks serve vulnerable populations through no-fee cases, such as domestic violence injunctions, and fee waivers for those who are found indigent. This is good public policy; still, the revenue-generating cases that once funded these high-cost, high-workload services are gone – and they’re not coming back.

The issue gets worse each year as clerks are tasked with new requirements that have serious fiscal im-

pacts. For example, new legislation creating riskprotection orders for public safety recently added costs and workload. Clerks agree that the state’s policy decisions add value for the public, but they also add to the budget challenge.

The Florida Legislature has provided temporary funding to offset budget challenges in the past.

This year, clerks are proposing a solution. The Clerks Serve Florida Act will ask the following: • Provide budget stability by authorizing clerks to retain earned revenues and maintain reserves in preparation for unforeseen emergencies.

• Protect critical public services by reimbursing clerks for no-fee services that protect vulnerable populations.

• Create flexibility through a clear, statutory process where clerks can request necessary funding for services and tasks required by justice partners and state policymakers.

• Recognize needs and costs of clerks’ services in the budget, rather than rely solely on Revenue Estimating Conference projections.

The legislation clerks are proposing does not grow government, or require new taxes or fees, but it does present a solution. Florida’s clerks are seeking to partner with lawmakers to modernize the budget process and ensure clerks can best serve Florida.

Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

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

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 Monday, February 18, 2019, and close on Monday, March 11, 2019.

Electronic ballots must be cast online no later than midnight Monday, March 11, 2019. Paper ballots must be received in the OCBA offices by 5:00 p.m., Monday, March 11, 2019.

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 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 Carolyn Cochrane at 407-422-4551, ext. 245, or carolync@ocbanet.org.

PAGE 4 www.orangecountybar.org

theBriefs February 2019 Vol. 87 No. 2

Craftsmanship.

Just as the craftsman coaxes details into place, mediator Jeff Fleming makes the fine adjustments that get the parties on board and rolling toward resolution.

For more information about Upchurch Watson White & Max, visit UWW-ADR.com or call (800) 863-1462.

Orlando | Ormond | Ocala | Jacksonville | West Palm | Ft. Lauderdale | Miami | Birmingham

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee

T

OCBA 2019 Professionalism Awards 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 awards recipients.

The Honorable Frederick J. Lauten

2019 James G. Glazebrook Memorial Bar Service Award The Honorable Frederick J. Lauten was elected unanimously by his peers in September 2014 to serve as Chief Judge of the Ninth Circuit, having previously served as administrative judge in both the Circuit Criminal and Circuit Civil divisions. He was appointed to the Orange County Court bench in 1993 by Governor Lawton Chiles and to the Circuit Court bench in 2000 by Governor Jeb Bush.

Judge Lauten has served in every county court division in Orange County, and, in Circuit Court, he has served in Criminal Court, the VOP Division, and the Complex Commercial Litigation Division.

Nicholas A. Shannin, Esq.

2019 William Trickel, Jr. Professionalism Award Nicholas A. Shannin, Esq., Shannin Law Firm, P.A., is a Florida Bar Board Certified appellate attorney. He has been licensed to practice law in Florida since graduating with honors from the University of Florida College of Law in 1994.

Specializing in appellate and government work, Mr. Shannin has conducted oral arguments in every Florida appellate court, including the Florida Supreme Court, as well as before the federal appellate courts in the Fifth and Eleventh circuits, and has represented the prevailing party before the United States Supreme Court. Mr. Shan-

continued page 8

continued page 8

Orange County Bar Association 2019 Professionalism Awards Presentation & Reception Friday, March 8, 2019  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 Ryan Williams, Esq.  Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Nicholas A. Shannin, Esq.  William Trickel, Jr. Professionalism Award The Honorable Frederick J. Lauten  James G. Glazebrook Memorial Bar Service Award Keynote: Justice Alan Lawson, Florida Supreme Court 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 March 5, 2019 Register at the OCBA Store (Reminder: There will be no OCBA Luncheon in March.)

PAGE 6 www.orangecountybar.org

Ryan Williams, Esq.

2019 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Ryan Williams, Esq., assistant state attorney for the Fifth Judicial Circuit, is a lifetime resident of Central Florida, having graduated from South Lake High School and earned degrees from Rollins College.

He received his juris doctor, graduating with honors from the University of North Carolina School of Law where he served as an editor on the North Carolina Law Review. He currently serves as the co-chair of the Orange County Bar Association’s Criminal Law Committee and has served on the executive council since 2014. Mr. Williams also serves on one of the Ninth Judicial Circuit’s Grievance Committees of The Florida Bar. Mr. Williams worked ten years as a prosecutor at the Office of the State Attorney for the Ninth Circuit, prosecuting both misdemeanors and felonies involving sex crimes, child abuse, and animal cruelty. He has tried more than 160 cases to a jury to date. Despite focusing on the prosecution of homicides, Mr. Williams received the ASPCA’s Champion for Animals Award in 2016. He managed multiple felony and county divisions as a Trial Unit Director and served as the Ninth Circuit’s Intake Bureau Chief. In his current position, Mr. Williams handles and prosecutes the capital cases removed from the Ninth Circuit

by Executive Order of the Governor. In 2018, the Victim Services Coalition recognized him and his team’s work on these cases with its Judicial Service Award.

Mr. Williams is a member of the Orange County League of Women Voters, he coaches two youth teams in the Winter Garden Soccer League, and he was as an assistant cross-country coach at Olympia High School for five years. continued page 8

theBrief s February 2019 Vol. 87 No. 2

OCBA LuncheonThursday, February 28, 2019

T The Honorable Mary S. Scriven United States District Judge

The Honorable Mary S. Scriven United States District Judge

he Honorable Mary Stenson Scriven was appointed to serve as a United States District Judge for the Middle District of Florida on September 30, 2008, after serving as a magistrate judge for more than ten years. When she was appointed to serve as a magistrate judge in 1997, she became the first African American woman to serve on the federal court in the state of Florida and the second to serve on the federal court in the Eleventh Circuit, which includes Florida, Georgia, and Alabama. Prior to her judicial career, Judge Scriven was a shareholder with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., where she practiced for ten years in the corporate litigation and trade regulation department. From December 1996 through December 1997, Judge Scriven served as an associate professor of law at Stetson University College of Law, teaching in the area of commercial law, remedies, legal malpractice, banking law, and contracts. She frequently lectures in trial advocacy, pretrial procedure, and in commercial and criminal law courses and seminars. She is a former faculty member with the National Institute for

Trial Advocacy and also has served as a guest faculty member in the Masters Program for Trial Advocacy, Nottingham Law Institute, Nottingham, England. Judge Scriven is an honors graduate of Duke University and Florida State University College of Law, and in 2006, she received an Honorary Doctor of Laws Degree from Stetson University College of Law. She has received numerous awards for her service to the bench, bar, and community at large, including the prestigious Gertrude E. Rush award by which the National Bar Association recognizes individuals for their pioneering spirit, community and professional leadership, concern for human and civil rights, and for being a model of excellence in the legal profession.

She currently serves as chair of the Eleventh Circuit Judicial Council’s Pattern Jury Instruction Committee and was recently elected by the Florida federal judges of the Eleventh Circuit to serve as the Florida atlarge board member to the Federal Judges Association. Judge Scriven is married to attorney Lansing C. Scriven and they have four children.

Embassy Suites by Hilton Downtown Orlando Thursday, February 28, 2019 11:30 a.m. – 1:00 p.m.

191 E. Pine St., Orlando, FL 32801 Title Sponsor:

Co-hosted by the Paul C. Perkins Bar Association Please RSVP by Monday, February 25, 2019 RSVPs will not be accepted after February 25, 2019 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than February 25, 2019 To cancel, contact Ashley Norris at ashleyn@ocbanet.org

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 7

ProfessionalismCommittee continued from page 6

The Honorable Frederick J. Lauten

2019 James G. Glazebrook Memorial Bar Service Award (continued) Judge Lauten was dean of the Florida Judicial College from 2006-2012, prior to which he served as associate dean and taught at the college for many years. After serving as dean, Judge Lauten became chair of the Education Committee of the Florida Conference of Circuit Judges.

Prior to his appointment to the bench, Judge Lauten practiced in the State Attorney’s Office for the Ninth Circuit and at law firms in Washington, D.C., and Longwood, Florida.

Judge Lauten received his juris doctor from the Villanova University School of Law in Villanova, Pennsylvania, in 1979 In nominating him, the Honorable Bob LeBlanc notes that during more than 25 years on the bench, Judge Lauten has demonstrated “more than a modicum of cultural competency. He has developed a rapport with the Central Florida community that is inclusive and diverse.”

Tad Yates, Esq., a past OCBA president, describes Judge Lauten as a “model of judicial professionalism,” noting that he is “thoughtful and reflective” when considering cases that come before him. Suzanne Gilbert, Esq., notes that when she was a young lawyer, Judge Lauten took the time to talk with her and “always treated the lawyers and litigants with the utmost respect and civility and expected that those in his courtroom would treat each other the same way.”

OCBA president Richard S. Dellinger, Esq., notes that Judge Lauten has worked tirelessly to secure the funding that is critical to keeping the courts operating efficiently and effectively, and Liz McCausland, Esq., a past OCBA president, says that Judge Lauten is “extremely active and dedicated to legal education, participating in OCBA education programs and encouraging the participation of other members of the judiciary.” Mr. Dellinger agrees, saying that Judge Lauten is “a great supporter and leader of the OCBA.” Many of those who nominated Judge Lauten speak of his accomplishments, including the creation of the Ninth Judicial Circuit Professionalism Panel, institution of more efficient and fair procedures for adjudicating cases involving the homeless, and promotion of public education about the justice system.

PAGE 8

Nicholas A. Shannin, Esq.

2019 William Trickel, Jr. Professionalism Award (continued) nin also uses his problem-solving skills as ily man, and he has done it all with high ethics, caring, and a sense of humor.” Mr. a certified state and federal mediator.

Mr. Shannin has been reviewed by his Davis notes that “[o]ther lawyers seek out peers as “AV-Preeminent,” recognized in Nick with ethical and professional dilemFlorida Trend’s Legal Elite, and Super- mas. Nick is always thoughtful and paLawyers’ list of “The Top 100 Lawyers in tient when considering such issues.”

“Nick is a learned mentor with a generFlorida.”

Over the years, Mr. Shannin has served ous spirit of helping others,” says Allison as president of the Orange County Bar McDonald, Esq. “He exudes professionAssociation; Legal Aid Society of the alism in his choice of words and actions.

OCBA; OCBA Foundation; and OCBA Consequently, he inspires and motivates Young Lawyers Section. He is a recipient those around him to continually strive to of the OCBA’s Lawrence G. Mathews, Jr. be their best.”

Young Lawyer Professionalism Award. He In the charged atmosphere of the 2018 is chair-elect of the Florida Bar Appellate post-election recount, one judge notes Practice Section and recipient of its Pro that “Nick maintained his diplomacy, Bono Attorney of the Year award, and never fought with anyone, and never esvice-president of the Tiger Bay Club of calated the situation. He allowed all parties to speak and conveyed a good sense Central Florida.

Naming only a few local charities and of neutrality.” Orange County Property community organizations, Mr. Shannin Appraiser, Rick Singh, states that “Nick is a past president of the West Orange is a consummate professional with an exHabitat for Humanity Inc.; has repre- tensive knowledge of government law and sented more than 50 Guardian ad Litem has been advising leaders in the commuchildren; has chaired the Great Oaks nity for decades.”

Village fundraising campaign; and is an “Nick is in the trenches daily,” says past Orlando Shakespeare Theater Mock Trial OCBA president Jamie Billotte Moses, Esq. “He always stays professional. He Advocate.

In nominating Mr. Shannin, William A. follows through with his commitments Davis, Jr., states that “Nick has been a bar and always maintains his professionalleader, a community leader, a proud fam- ism.”

Ryan Williams, Esq.

2019 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award (continued)

Common themes run through the remarks of those who nominated Mr. Williams. He has earned the respect and admiration of colleagues and the judiciary for his consummate professionalism, ethical behavior, courtesy to all with whom he comes in contact, compassion, and his distinguished service to the public, the bench, and the OCBA. He is known to always be well prepared, fair, and calm, even when the stakes are high.

Members of the judiciary note that Mr. Williams’ demeanor helps the families of the homicide victims navigate the court process with dignity and that he is the embodiment of the level of professionalism this award intends to recognize.

www.orangecountybar.org

William R. Ponall, Esq., remarks: “Ryan is always interested in reaching a fair result, not simply ‘winning’ cases. He sets the standard for how all prosecutors should handle their important position in the criminal justice system.”

Criminal defense attorney Lisabeth J. Fryer, Esq., notes that “it is a breath of fresh air to work with such a truly decent, compassionate, and intelligent opposing counsel.”

“Ryan stands out amongst the best for his professionalism,” notes Randy R. Cordoza, Esq., and is a “prime example of what an attorney, a human being, and a civil servant should be.”

theBriefs February 2019 Vol. 87 No. 2

Chief’sColumn

W

Diversity on the Bench

e Floridians live in an incredibly diverse state. Florida frequently ranks among the top 10 states in gender and ethnic diversity. When I took the bench in Orange County in 1993, the number of women serving alongside me did not mirror our region’s gender demographics. Today, the circuit bench reflects those demographics; 50% of the judges in the Ninth Circuit are women. The women who serve in our courts bring a perspective on social and legal isThe Honorable Frederick J. Lauten sues that enhance our bench, reflect the richness of our community, and advance the administraChief Judge tion of justice in our region.

Ninth Judicial Circuit Court While we are fortunate that our bench mirrors the gender diversity of our community, we are far less successful in reflecting the ethnic diversity of our region. Census data from 2017 demonstrates that almost a third of the population in Orange County (31 %) and more than half in Osceola County (54%) identify as Latinx. African Americans make up 23% of the population in Orange County and 17% in Osceola County. Yet, representation on the bench for each group is less than 7.6%. The disparity between demographic representation based on race or ethnicity and approximate representation on the bench is evident, and exists regardless of gender.

We have a talented, hard-working group of judges in our circuit. I have been told by practicing attorneys that we have one of the finest group of judges in the state. And, I am proud when I hear those remarks. But, if our bench is ethnically or racially homogenous, then we are missing an important characteristic that makes our community great. Without ethnic and racial diversity, we risk seeing our community through a limited lens, viewing all of our experiences as generally the same. This perspective does not help us in administering justice fairly in a community as culturally rich and diverse as ours.

Our internal conversations are enriched and better informed when we hear diverse voices, receive

theBriefs February 2019 Vol. 87 No. 2

diverse perspectives, and realize that, because our life’s experiences differ, our understanding of the law and its impact may not be perceived the same by all. Externally, diversity signals to the community that our application of the law is enriched and enhanced by a full, nuanced, better-informed understanding of the law’s impact on all members of our community. We don’t have different laws for different groups, but various members of our community have experienced the impact of the law in different ways. It is important for judges to understand that fact.

A diverse group enhances the public trust of the judicial system. If our community is diverse but our bench is not, what does that say about our selection process, both by appointment and election? I know for a fact that there are talented attorneys across every racial and ethnic spectrum. Why doesn’t our bench look more like our community?

Having greater representation of our community’s wonderful diversity can only enhance the public trust of the courts as an institution.

Knowing the important part diversity plays in our courts and community, it is my hope that we all take an active role in cultivating diversity on the bench. Value the differences among us. Recognize the richness these differences add to our understanding of the law. If you are a member of an underrepresented group, find a mentor who can help you chart a path to membership on the bench. Or encourage that aspiration in others.

We all bear the responsibility for building a judiciary that truly represents the people for whom it is designed to serve. We have a great bench in the Ninth Circuit, but we also have room for improvement, and it will take the effort of all of us in this community to ensure that happens.

The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

www.orangecountybar.org

PAGE 9

Diversity & InclusionCommittee

T Ahmad S. El-Gendi, Esq.

Brian C. Lawrence, Esq.

The Carrot or The Stick?

hey say the definition of insanity is doing the same thing over and over and expecting a different result. If that’s the case, it’s time to call ourselves crazy when it comes to our diversity and inclusion approach.

Has there been an increased focus on diversity?

Yes. Are there more programs and articles on the topic? Yes. Are we moving the needle? Maybe so, but, unfortunately, it’s at the conventional legal pace (i.e., glacial speed). While we can all appreciate the story about the tortoise and the hare, this isn’t a ten-meter race (no offense, Aesop). This a race to see whether the longstanding differences among us will cause our deterioration as a society before the commonalities within us unite humanity through this next turbulent phase. That may sound dramatic, but it doesn’t make it any less true (see Carolina race riots, Brexit, Xinjiang detention camps, and the American political climate, generally).

OK…the world is messed up. We knew that.

How is that relevant to our legal community?

As judges, lawyers, and legal professionals, we matter. Yes, our democracy is for the people, by the people (at least, in its intended form). However, that democracy cannot be fully enabled without legal professionals fulfilling our role as the critical conduit that determines whether the voice of the people is amplified, manipulated, or ignored.

We were taught in law school that the law changes through three mechanisms: legislation, regulation, and litigation; or, if you ask a litigator, litigation is the only way! But who are the people that draft bills to address local issues; and who votes on those bills? Whose job is it to keep legislators in check by filing lawsuits that pierce through unjust practices like gerrymandering; and whose job is it to balance the scales of justice? Legal professionals.

The point is, the buck stops here. Our only option to achieve progress is to stop the debilitating diffusion of responsibility and collectively accept that if things are going to change, we have to be the ones to change them. As the professional pilots of the legal plane1 powered by the economic super engine of Central Florida in the most critical swing state in the country that’s known as the leader of the free world, we’re in a prime position to affect that progress.

PAGE 10

www.orangecountybar.org

Alright, I’m intrigued, but I’m skeptical about this grandiose vision. What are we doing wrong?

Sometimes the easiest way to know who you are is to know who you’re not (see college). Similarly, before we get into what works, let’s discuss what hasn’t been working. If you spend two minutes on the website of any legal entity, you will likely stumble across a “Diversity Page” with a “Diversity Statement” that invariably contains an iteration of the following phrase: “[Legal Entity] is committed to maintaining a diverse workplace. [Legal Entity] ensures that all employees are given the tools and training they need to succeed. [Legal Entity] loves diversity.”

While such statements are intended to convey the ideal inclusive working environment, they are usually so vague that they fail to provide a substantive roadmap to real progress.

Along with these generic cut-and-paste diversity missions, there are usually diversity programs such as implicit bias seminars and diversity luncheons that businesses and government entities “strongly encourage” their members to attend (i.e., stop playing, you know they’re mandatory).

Yet, contrary to intuitive logic, a litany of studies demonstrates that mandating participation in diversity-based programs only serves to trigger bias, rather than eliminate it. 2 Stated differently, when people are forcefully instructed to change behaviors or otherwise modify the manner in which they think, their biases become reinforced.3 But for some reason, these practices remain. Ironically, when it comes to diversity, there is a tendency to copy what everyone else is and has been doing, with the rare exception being those who think outside the box. Maybe that’s the reason why the percentages of female, African American, and Hispanic lawyers are roughly half of their respective representations in the total population – a substantially unchanged statistic over the last ten years.4 Aside from the generic diversity missions and programming, another example of the “if we’re not getting sued don’t fix it” model is the recruiting practices of firms looking for the right “cultural fit.” Legal entities have generally struggled to find the proper means of balancing “cultural fit” with diversity. This is no easy proposition. After all, interviewers are likely drawn to candidates who are like themselves, which results in a monoculture.

theBriefs February 2019 Vol. 87 No. 2

Seemingly recognizing as much, some diversity programs mandate outreach to candidates of diverse backgrounds but forget to remove the diversity label when passing the minority candidates’ information around. Unfortunately, this “diversity candidate label” gives reviewing attorneys the impression that the diverse candidates were recruited solely for their diverse backgrounds, rather than their credentials, potentially resulting in the ultimate rejection of these candidates notwithstanding their qualifications.

You’re starting to make some sense. How can we help bring about change?

Eliminating bias is elusive, if not impossible. But systematically reducing bias through practical, creative approaches is entirely possible. For example, perhaps it’s time to reexamine the concept of who is a “cultural fit” in the recruiting context.

Companies outside the legal profession have established creative methods for recruiting diverse talent that specifically curtail or otherwise do away with this “cultural fit” evaluation criteria.5 For example, Atlassian is a company that stopped asking whether a candidate was a good cultural fit, and instead now instructs interviewers to decide whether candidates are a good “value fit” for the company.6 Atlassian delineates their values as: a dedication to transparency, empathy towards customers and colleagues, and initiative to drive positive change. In doing so, Atlassian is able to foster a more diverse workplace.7 You may be thinking, we do that! We just don’t call it “value fit” or whatever; big deal. Well, if we know anything in the legal field, words matter. Asking whether a candidate is a cultural fit rather than a value fit is more than a misnomer; it’s indicative of a firm whose culture and values are too intertwined. In other words, whether consciously or subconsciously, we believe certain values are tied to certain cultures, personalities, or types of people. Every employer has a distinct set of values that make it unique, and these values can be memorialized with relative ease. On the other hand, people and their cultures are fascinatingly complex. Articulating organizational values and including them in reviewers’ rubrics may help us recalibrate our recruiting moral compass and preserve organizational identities, rather than recruiting those with the right “cultural fit” who slowly but surely take our organizations further away from their core values.

Many other diversity and inclusion approaches have proven effective. The Harvard Business Review published an article theBriefs February 2019 Vol. 87 No. 2

that analyzed thirty years’ worth of data from more than 800 U.S. firms, comprehensive interviews of hundreds of executives, and scientific studies from reputable institutions. It ultimately concluded that three basic principles help achieve greater diversity; they are: “(1) engag[ing] managers in solving the problem, (2) expos[ing] them to people from different groups, and (3) encourage[ing] social accountability for change.”8 After replacing forced diversity trainings with manager-engagement opportunities, such as minority targeted recruiting, managers began to think of themselves as “diversity champions.”9 In addition, managers who were exposed to minority groups through mentorships began to think of their protégés as worthy because anyone mentored by them must be deserving (obviously).10 But perhaps the most interesting of the three pragmatic solutions is the social accountability fix. Two excerpts from the Harvard Business Review article demonstrate the potency of the social accountability solution. Here’s the first: The third tactic, encouraging social accountability, plays on our need to look good in the eyes of those around us. It is nicely illustrated by an experiment conducted in Israel. Teachers in training graded identical compositions attributed to Jewish students with Ashkenazic names (European heritage) or with Sephardic names (African or Asian heritage). Sephardic students typically come from poorer families and do worse in school. On average, the teacher trainees gave the Ashkenazic essays Bs and the Sephardic essays Ds. The difference evaporated, however, when trainees were told that they would discuss their grades with peers. The idea that they might have to explain their decisions led them to judge the work by its quality.11 This is not just a classroom exercise. A study done by MIT’s Sloan School of Management also applied social accountability and obtained significant results, as recounted in the second excerpt from the Harvard Business Review article: A firm found it consistently gave African Americans smaller raises than whites, even when they had identical job titles and performance ratings.

So Castilla suggested transparency to activate social accountability. The firm posted each unit’s average performance rating and pay raise by race and gender. Once managers realized that www.orangecountybar.org

employees, peers, and superiors would know which parts of the company favored whites, the gap in raises all but disappeared.12 Very interesting…but what’s the takeaway?

The two studies cited above show that people care what others think. Engaging managers and exposing them to diversity also works. Yet (shockingly) trying to force people to change their minds and asking them to do so does not work. That’s the takeaway.

Diversity (and don’t forget about inclusion) is a touchy subject for many reasons, but it doesn’t need to be. Some cringe at the “D word” altogether, and many are afraid to say the wrong thing. Mandating participation in ineffective programs and most modern recruiting practices are not increasing diversity (at least not fast enough). Instead, we must reframe how we address diversity and inclusion altogether.

Using the carrot-and-stick analogy, to effect change, we might incentivize and reward actions or behaviors when they are in line with the goal (the carrot), and alternatively use fear and punishment to discourage results inconsistent with our goals (the stick). Generally, this system can tailor human behaviors. However, with more sensitive matters such as diversity and inclusion, the stick doesn’t always work.

Forcing people to attend seminars and accusing them of being “bad people” (when most of us have at least some implicit bias) generally do not work to increase diversity.

Suing companies when they fail to protect their employees (although a helpful way to compensate victims of discrimination), is also not necessarily effective on a grander scale at changing behaviors.

Unfortunately, many don’t fear the stick; they just get better at dodging it. That doesn’t mean the stick doesn’t have a beneficial use; we just need to improve when and how we use it. For example, as we’ve seen, social accountability programs that use transparent systems to track results forces reviewers, who want to avoid the appearance of bias, to exercise caution and self-correct biases, which is highly effective (the warning stick).

The carrot on the other hand, has a proven track record of success. How do parents get their kids to eat vegetables? They generally don’t hit them over the head with the carrot, they promise rewards for eating it, including allowing them to have cookies afterwards (even though that pretty much cancels out the healthy effect of the carrot). continued page 26

PAGE 11

Labor & EmploymentCommittee Orlando and Orange County Prohibit Sexual Orientation Discrimination: Is Federal Law Close Behind?

Introduction he common phrase “all politics is local” aptly applies to the issue of sexual orientation discrimination. In the Eleventh Circuit, sexual orientation is not a protected characteristic under Title VII of the Civil Rights Act of 1964.1 In similar fashion, sexual orientation is not protected under Florida’s Civil Rights Act.2 So, is there any protection for our LGBTQ friends in the workplace? Locally, the City of Orlando3 and Orange County4 have enacted ordinances prohibiting discrimination on the basis of sexual orientation and gender identity.

While our federal and state governments still do not recognize sexual orientation as a protected characteristic, the law on this issue is rapidly evolving. Most recently, the federal circuits that have decided this issue are split, making it ripe for review by the Supreme Court in the coming years. With Justice Neil Gorsuch's and Justice Brett Kavanaugh’s recent confirmations to the Supreme Court, we can begin to make predictions about the future of sexual orientation discrimination at the federal level.

This article provides a history of sexual orientation protections at the federal level, discusses the competing arguments on both sides of the circuit split, and makes predictions about the future of sexual orientation protections at the Supreme Court in light of Justice Gorsuch’s and Justice Kavanaugh’s confirmations.

I. History of Sexual Orientation Discrimination Under Title VII Although it has long been settled that gender stereotyping violates Title VII’s prohibition on discrimination “because of . . . sex,” prior to 2015 it was the consensus among the various circuit courts and the position of the Equal Employment Opportunity Commission (“EEOC”) that sexual orientation discrimination claims were not cognizable under Title VII.5 However, following the Supreme Court’s 2015 landmark decision in Obergfell v. Hodges,6 which held that states could not deny same-sex couples the right to marry, the EEOC decided, for the first time, that “sexual orientation is inherently a ‘sex-based consideration,’ and an allegation of discrimination based on sexual orientation is necessarily an allegation of sex discrimination under Title VII.”7 Since the EEOC’s about-face, several circuit courts have had the opportunity to reconsider

T Allison Bekavac, Esq.

Jolie N. Pavlos, Esq.

PAGE 12

www.orangecountybar.org

whether sexual orientation discrimination is cognizable under Title VII. Two key circuit court decisions in 2018, Bostock v. Clayton County Board of Commissioners 8 and Zarda v. Altitude Express, Inc.9 highlight the competing legal arguments on both sides of this issue.

II. The Competing Interpretations of Title VII A. Bostock v. Clayton County Board of Commissioners – The Eleventh Circuit’s Interpretation of Title VII The traditional legal argument, such as the one the Eleventh Circuit adopted in Bostock, is that claims for sex discrimination do not stretch so far as to cover discrimination based on sexual orientation.10 This theory relies, in part, on the concept that the term “sex” in Title VII refers to “membership in a class delineated by gender, and not to sexual affiliation.”11 B. Zarda v. Altitude Express, Inc. – The Second Circuit’s Interpretation of Title VII The Second Circuit in Zarda rejected the traditional legal argument. It recognized that since Title VII’s enactment, the legal framework for evaluating Title VII claims has evolved substantially.12 Specifically, since Congress enacted Title VII in 1964, the Supreme Court has expanded the meaning of discrimination on the basis of race and sex by holding that (1) traits that operate as a proxy for sex are an impermissible basis for disparate treatment of men and women;13 (2) discrimination on the basis of sex stereotypes is prohibited;14 and (3) it is unlawful to discriminate on the basis of an employee’s association with persons of another race.15 The Second Circuit applied these three holdings to sexual orientation discrimination claims and held that the court must conclude that sexual orientation discrimination is a form of sex discrimination.16 Specifically, sexual orientation discrimination is discrimination “based on . . . sex” because (1) sexual orientation is a trait that operates as a proxy for sex;17 (2) it is based on “stereotypes about how members of a particular gender should be, including to whom they should be attracted;”18 and (3) it is associational discrimination based on the employer’s opposition to “association between members of particular sexes.”19 III. Predictions About the Future of Sexual Orientation Discrimination Protection Under Title VII The confirmation of Justice Kavanaugh to the Supreme Court cements the Court’s conservative

theBriefs February 2019 Vol. 87 No. 2

majority. While the Supreme Court had a conservative majority with Justice Kennedy, he swung to the left when it came to LGBTQ issues. The most recent example was Justice Kennedy’s majority opinion in Obergfell, which was joined by the liberal justices Breyer, Ginsburg, Sotomayor, and Kagan. Chief Justice John Roberts, and conservative justices Scalia, Thomas, and Alito dissented. But, since Obergfell, Justice Neil Gorsuch was confirmed to the Court to replace the late Justice Antonin Scalia, and Justice Brett Kavanaugh was confirmed to replace retired Justice Anthony Kennedy.

A review of Justice Gorsuch’s record on LGBTQ rights provides little insight into how he may rule on the issue since he has not encountered many cases addressing these rights. Justice Gorsuch has expressed opinions indicating he would favor religious objections to anti-discrimination laws that protect sexual orientation,20 but outside of the context of religious objections, other cases Justice Gorsuch has decided provide little insight. In Kastl v. Maricopa Community College District, for example, then-Judge Gorsuch, sitting on a 9th Circuit panel by designation, recognized 9th Circuit precedent protecting transgender individuals from sex discrimination claims due to gender stereotyping but found the employer acted for “safety reasons” rather than because of the plaintiff’s gender.21 In an Eighth Amendment case, Justice Gorsuch ruled against forcing a state prison system to provide hormone replacement therapy for a transgender inmate.22 It is difficult to tell how Justice Gorsuch may rule on the issue of sexual orientation discrimination based on these cases; although, his jurisprudential philosophy indicates an adherence to legal precedent and strict statutory construction. Still, Justice Gorsuch has expressed opinions admonishing use of the court system to enact legal change as an inappropriate avenue to advance political agendas, which may indicate he would be unwilling to recognize or “create” new protections under Title VII.23 A review of Justice Kavanaugh’s record provides equally little insight into how he may rule on the issue of sexual orientation discrimination. Within the context of Title VII, Justice Kavanaugh has ruled for both employers and employees, with notable wins for employees in race discrimination cases.24 However, Kavanaugh, like Gorsuch, has a track record of strict statutory construction and narrow interpretation of the law, which suggests he would be unlikely to recognize sexual orientation as an inherently protected characteristic under Title VII’s umbrella of sex discrimination.

V. Conclusion In sum, Justice Kennedy’s retirement means a swing vote is no longer a realistic possibility when it comes to advancing LGBTQ rights at the Supreme Court. It is likely the Court will delay deciding the issue of sexual orientation discrimination under Title VII and, when it does take up the issue, it is a foreseeable outcome that the majority of the court will refuse to “read” sexual orientation discrimination into the protections guaranteed by Title VII. The confirmations of Justices Gorsuch and Kavanaugh to the Supreme Court further reinforce the likelihood that Title VII will be strictly construed and narrowly read. But no matter the decision handed down by the Supreme Court, our local laws protect individuals against discrimination because of their sexual orientation – and that is unlikely to change.

Allison Bekavac, Esq., is an associate at the Orlando office of management-side employment law firm of Littler Mendelson, P.C. Her practice includes defending claims of discrimination and harassment under all federal, state, and local laws. She has been a member of the OCBA since 2013.

Jolie N. Pavlos, Esq., is an associate at the Orlando office of the plaintiff’s law firm of Morgan & Morgan, P.A. She represents employees in claims involving discrimination, harassment, and wage & hour violations.

Orange County Bar Association

Criminal Law Committee

LAWn Day

TM

Saturday, March 2, 2019 10:00 a.m.—3:00 p.m.

Barry University School of Law

Teams of four players will compete in games at multiple stations. Teams will be awarded points based on the outcome of each game. Awards will be given to the three teams scoring the most points.

Games Double Shot Basketball, Giant Jenga, Giant Malpractice, Potato Sack Relay, Tug-O-War, Gladiator Joust, Legal Trivia, 68 ft. Obstacle Course Challenge

►►Music ►►Games ►►Bounce House ►►Face Painting ►►Dunk Tank ►►Food Trucks

Player must be attorneys, family member, or employee of an attorney.

Games subject to change.

Sponsored by:

: $50 Team mber e m n 0 No m: $4 $15 er Tea mber : Memb onme 10 N $ : r e Memb nt uals: e eve Individ r to th place ill be uals w Individ

ams d on te

prio

/store ar.org untyb o c e g an ww.or o to: w y 15 ister, g br uar g e e F r y o b T al bag sur viv n Day W A L es a includ n fee tratio is g e R

continued page 27

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 13

Legal Aid SocietyGAL Teaching Tips

P Hannah N. Farber, Esq.

GAL Educational Surrogate Parents Help Dependent Kids “Make the Grade” to Succeed

op quiz: Do you have what it takes to serve as an educational surrogate parent for a dependent child? As each school year begins, I am often contacted by volunteer guardians ad litem (“GALs”) with questions about the education of the children they represent in dependency court.

Questions may range from a child’s right to participate in extracurricular activities to expulsion, but the most common topic is that of the role of educational surrogate parents. I have compiled the most frequently asked questions and provided answers to assist GALs in their educational advocacy.

What is a surrogate parent?

A surrogate parent is a person who is appointed to act in place of a parent to make educational decisions for special education students.

What is special education?

Under the Individuals with Disabilities Education Act (“IDEA”), children with or suspected of having a disability are required to be identified, evaluated, and provided individualized educational services to meet their specific needs. Special education, known as Exceptional Student Education (“ESE”) in Florida, includes services, specially designed instruction, and materials that are provided to students who have special learning needs. When a child has been found eligible for ESE services, the child’s parents, teachers, psychologist, and other school officials develop an Individualized Education Plan (“IEP”). Parental consent is required for the evaluations (initial and reevaluations), services, and placements. Parental participation is a crucial part of implementing an IEP. Our GALs know all too well, however, that parental participation can be elusive in many dependency cases.

Who is considered a “parent” that can provide consent under IDEA? Under IDEA, the term “parent” means: • A biological, adoptive, or foster parent; • A guardian (but not a state of Florida employee if the child is a ward of the state); • An individual acting in place of the natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or • A surrogate parent.

PAGE 14

www.orangecountybar.org

Who can make educational decisions for children in the dependency system who have or are suspected of having a disability?

Biological parents should be active participants in their child’s education and are permitted to act as the educational parent under IDEA, even for children in out-of-home care. If the case plan goal is reunification, the biological parents’ participation will help them understand the child’s special needs and will better prepare them to meet these needs upon reunification. Foster parents, relative caregivers, and nonrelative caregivers can also act as educational parents without a court order.

When does a surrogate parent need to be appointed?

A surrogate parent should be appointed when the child does not have a parent as defined by IDEA. Children residing in group homes, therapeutic foster homes, and residential facilities require a surrogate parent if a biological parent cannot be located or is unavailable, or parental rights have been terminated. For parents whose parental rights are intact but are not engaged in their child’s education, the court can order the appointment of a surrogate educational parent if the parent(s) are unwilling or unable to make educational decisions for the child. See 39.0016, Florida Statutes (2017).

Who can be appointed as a surrogate parent?

GALs can and are encouraged to request appointment as a surrogate parent from the dependency court. The surrogate parent may also be a relative or nonrelative adult who is involved in the child’s life, regardless of whether that person has physical custody of the child. The school district may also appoint a surrogate parent.

Who cannot be appointed as surrogate parent?

A surrogate parent cannot be an employee of the Department of Education; the local school district; a community-based care provider; the Department of Children and Families; or any other agency involved in the education or care of the child. This prohibition includes group home staff and therapeutic foster parents.

What rights do surrogate parents have?

Surrogate parents may represent the child in all matters relating to: (1) the identification, evaluation, and educational placement of the child; and (2) the provision of a free, appropriate public education. Surrogate parents may meet with the child face-to-face; request and review school records; request evaluations; attend school meetcontinued page 26

theBriefs February 2019 Vol. 87 No. 2

Legal Aid SocietyWhat We Do...

Knowledge is Power

Q Jamos K. Mobley, Esq.

Donna A. Haynes

uite often, people turn to a lawyer to explain the ramifications of what they see as their only option – bankruptcy. For Brandon Medina, the explanation and assistance provided by Legal Aid Society staff attorney Jamos “Jay” Mobley, Esq., provided another option – avoiding bankruptcy. That option changed the direction of his life and that of his family as well. Brandon recently shared his story at the Legal Aid Society of the Orange County Bar Association’s 11th Annual Breakfast of Champions. I believe you will find his words inspiring: Good morning. I am here today because I’d like to tell you how attorney Jay Mobley with the Legal Aid Society made a huge difference in mine and my family’s lives.

My wife, Suhay, and I have three wonderful kids.

Gianna is 11, Jacob is 5, and our youngest, Lily, is 3. Having three kids can be a challenge, but especially for us since Jacob was born deaf. As a family of 5, our budget is stretched thin at times. We live paycheck to paycheck. Like a lot of families living this way, we used a few credit cards to help with buying groceries, diapers, and clothes. We always made our payments on time until I lost my job. Which made it impossible to pay our bills at all, much less on time. We only had my wife’s income to support our family.

Every day, I searched for a job, knowing that we couldn’t survive on one income. My parents helped with babysitting while I looked for jobs and went on interviews. After six months, I found a job delivering pizza. Not a corner office, but it was better than nothing. By this time, we were way behind on our bills. We had to make some tough choices.

We ended up moving in with my parents so we could get caught up on our bills. Don’t get me wrong, my parents are amazing. But

theBriefs February 2019 Vol. 87 No. 2

moving your wife and three kids in with your parent’s… Not exactly our first choice.

All kidding aside, we had to think of our children and what was best for them. They needed mom and dad to step up and fix their financial situation so we all could have a better future. We began slowly eliminating our debt. We thought we saw the light at the end of the tunnel. Turns out, we were wrong.

First one, then a second credit card company sued within a few months. These were the only two accounts where we had been unable to negotiate a payment plan. I understood we owed them money and they have a right to be paid back. But, let me tell you, being sued is not for the faint of heart.

It’s scary. We had no idea what to expect. Could they put me in jail for this? Can they take my paycheck? How will I support my family if they do either? I learned later this was a civil law issue, not a criminal issue. But, believe me when I tell you… when a sheriff knocks on your door and hands you court papers, trust me, it feels like you’re a criminal.

Family and friends told us that maybe filing bankruptcy was the only way out. We did not want to do that because we were finally managing to get back on our feet. Finally, someone told me about the Legal Aid Society. So, I called and was referred to attorney Jay Mobley.

Jay and I sat down and discussed my family’s entire financial situation. I told him I thought bankruptcy was the only option. But, we really didn’t want to do that. Plus, a bankruptcy on our record would limit some job opportunities. That’s not something you want to do when you have three kids to put through college.

Jay reviewed the collections cases and walked me through how debt collection works and

www.orangecountybar.org

continued page 28

PAGE 15

ParalegalPost

Cori L. Schlitt, FRP, CP

O

Annual Toys for Tots Event

n December 13, 2018, the Paralegal Section of the Orange County Bar Association hosted its annual holiday event benefiting the Toys for Tots Program. The event took place at 310 Lakeside in downtown Orlando and was generously supported by Thomson Reuters, Milestone Reporting, and Old Republic Title.

The Marine Toys for Tots Foundation, which was established in 1991, is a not-for-profit charity and serves as the authorized fundraising and support organization for the Toys for Tots Program. Toys for Tots, which is headquartered in Virginia, is directed by the Marine Forces Reserve Commander and provides holiday gifts to underprivileged children. Since its inception, the program has distributed 548 million toys and supported 251 million children.

Locally, toys are dropped off at several downtown law firms from October to mid-December each year. The toys are then taken to a local warehouse where they are sorted by age and gender. Social welfare agencies, church groups, and other local community agencies identify children in need, and distribution begins in late December. Although campaigns are conducted during the holidays, donations can be

PAGE 16 www.orangecountybar.org

made in memory or honor of any person throughout the year. Campaigns are conducted in more than 800 communities in the United States, Puerto Rico, and the Virgin Islands.

Toys for Tots was created in 1947 when the wife of Marine Corps Reserve Major Bill Hendricks handcrafted a few dolls and wanted them to be given to an agency that supported underprivileged children. After reporting to his wife that he could not find such an organization, she asked him to initiate a program. That year, Major Hendricks collected 5,000 toys for distribution. Because of the project’s success and the involvement of the community, he directed all Marine Reserve sites to implement the program nationwide the following year.

Major Hendricks had many contacts in his civilian life who were more than willing to support this endeavor. In fact, Walt Disney was a personal friend. He designed the first Toys for Tots poster, which later became the official Toys for Tots logo.

Presently, the program distributes an average of 18 million toys to seven million underprivileged children each year. As you can see from the photos, Paralegal Section members, their guests, local law firms, and individuals donated an incredible number of toys for children in our area.

We wish to thank everyone who donated toys and attended the event. We extend a special thank you to the Marines Toys for Tots Foundation for its tireless work throughout the holiday season! Toys for Tots is a heartwarming program with a rich history, and the OCBA Paralegal Section has been honored to support the program for the past several years.

Cori L. Schlitt, FRP, CP, a litigation paralegal at Killgore, Pearlman, Semanie, Denius & Squires, P.A., is a member of the OCBA Paralegal Section Board of Directors. She joined the OCBA in 2018.

theBrief s February 2019 Vol. 87 No. 2

Kalesha Pullins and Toys for Tots Marines Kalesha Pullins (second from left) and guests

Nancy Jordahl Kelly Wright Lora Trowell

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 17

PAGE 18 www.orangecountybar.org

theBrief s February 2019 Vol. 87 No. 2

2019 OCBA GALA

b

Saturday, February 23, 2019 7:00 p.m.

Winter Park racquet club 2111 Vía tuscany, Winter Park, Florida 32789 125 per person through February 8, 2019

$ $

150 per person beginning February 9, 2019

For tickets, go to http://orangecountybar.org/store For sponsorship opportunities, contact Karen Persis at 407-228-2864 or Amber Davis at 407-926-7716.

TM

Proceeds benefit the Orange County Bar Association Foundation, Inc.

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 19

LAWPAY IS FIVE STAR!

THE #1 PAYMENT SOLUTION FOR LAW FIRMS

LawPay has been an essential partner in our firm’s growth over the past few years. I have reviewed several other merchant processors and no one comes close to the ease of use, quality customer receipts, outstanding customer service and competitive pricing like LawPay has.

Getting paid should be the easiest part of your job, and with LawPay, it is! However you run your firm, LawPay's flexible, easy-to-use system can work for you. Designed specifically for the legal industry, your earned/unearned fees are properly separated and your IOLTA is always protected against third-party debiting. Give your firm, and your clients, the benefit of easy online payments with LawPay.

— Law Office of Robert David Malove TM

Trusted by more than 35,000 firms and

888-553-8340 or visit lawpay.com/ocba

LAW

INTELLECTUAL PROPERTY

Patent Application

Deceptive Trade Practice

innovation Intellectual

Agreements Patents SM

expertise Miami

Orlando, Miami, Winter Springs Satellite Office: Jacksonville

SM

Idea

CDA

S Q U A R E LY I N YO U R C O R N E R

AllenDyer.com ▪ 407-841-2330

INTERNATIONAL

arbitration

P AT E N T S

▪

TR ADEMARKS

▪

COPYRIGHTS

Serving all your IP Law needs for over 45 years.

Unfair competition Open Source

Software

Deceptive Trade Practice

TRIAL TEAM

USPTO

IP Law contracts

Lawsuit

Orlando

TM

CDA Miami ®

Multi-national ® attorneys

© patent disputes

litigation

USPTO

counsel

non-compete

patent disputes

11,000+ US Trademark Applications

Copyright Infringement

Property

NDA

2018 Lawyers of the Year

Copyright

LAW ©

litigation

Trademark

Covering your assets is our #1 priority.

SM

Utility Patents

Appeals

licensing

USPTO

TM Idea

fraud

attorneys

entertainment law ®

International

Brands

Patent Prosecution

verified ‘5-Star’ rating on

Protection

Special offer for bar members.

Call for details

▪

PAGE 20 www.orangecountybar.org

LICENSING

▪

IP

L I T I G AT I O N

theBriefs February 2019 Vol. 87 No. 2

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 21

SOMETIMES YOUR BEST BUSINESS PARTNER ISN’T ACTUALLY ON THE PAYROLL. A growing firm needs more than firm handshakes. You want firm commitments, and that’s what you get from your partners at Seacoast Bank. It’s all about teamwork — sharing our experience and expertise. Sharing your passion for success. Providing interactive technologies and individualized service, with a team dedicated to helping your business reach its financial goals.

At Seacoast, we’re local and proud of it, and we’re committed to our community and its success.

Learn more about how we make it our business to help grow yours.

Seacoast Bank. Better by all accounts.

Scott Leitner, Esq. AVP, Small Business Banker 407.845.1856 Scott.Leitner@SeacoastBank.com

SeacoastBank.com/Business | 800 706 9991

PAGE 22

www.orangecountybar.org

theBrief s February 2019 Vol. 87 No. 2

Harbor Park at Lake Baldwin 4990 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins Registration Fees:

$30 – Now - Mar. 8 $35 – Race Day Sign up: www.runsignup.com/ocbalawday5K

SPONSORSHIPS AVAILABLE! Contact Joan Giovanni, joang@ocbanet.org

Watch for updates in eblasts and on the OCBA website.

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

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 23

YLS Holiday Reception & Toy Drive December 13, 2018

Washington Shores Elementary School and Alfond Inn • Winter Park

Andrew Roy, Esq.; Elizabeth Henin, Esq.; Kimberlee Martin, Esq.; Jill Davis, Esq.; Stephanie Alcalde, Esq.

PAGE 24

www.orangecountybar.org

theBrief s February 2019 Vol. 87 No. 2

YLS on the move

O

n December 13, 2018, YLS held its annual Holiday Reception & Toy Drive at the Alfond Inn in Winter Park. It was a fabulous and classy event! We collected 125-130 toys so that thirty-one children were able to receive four toys each, and $30 Target gift cards. Thank you to our fabulous chairs Kimberlee Martin, Esq., and Elizabeth Henin, Esq., and all of our wonderful sponsors for putting on this event.

In December, we also welcomed a new YLS board member, Amber Williams, Esq. Stay tuned for these upcoming YLS events: February 15, 2019 – YLS Luncheon. Noon to 1:00 p.m. (check-in: 11:30 a.m. to

11:55 a.m.). Citrus Club. Speaker: Melanie Griffin, Esq. Topic: Spreading Your Sunshine: Building Your Brand, Finding Joy, and Instilling Confidence.

March 15, 2019 – YLS Luncheon. Noon to 1:00 p.m. (check-in: 11:30 a.m. to 11:55 a.m.). Citrus Club. Speaker and topic: TBD. Watch for more news in upcoming YLS email blasts, and don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Heather M. Meglino, Esq., is the owner of Meglino Law, LLC and has been a member of the OCBA since 2011.

Heather M. Meglino, Esq.

YLS Board YLS Holiday Reception at the Alfond Inn, Winter Park

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 25

President’sMessage continued from page 3

was to provide for a diverse and inclusive bar. To do so, we seek to eliminate all obstacles, whether direct or perceived, to membership and inclusion by all Central Florida lawyers. The OCBA welcomes membership, active participation, and leadership by lawyers of any race, color, religion, sex, gender identity, sexual orientation, national origin, age, or disability.

As part of our efforts to diversify, we established a standing committee on Diversity & Inclusion, currently chaired by Lowndes attorney Ahmad El Ghendi. The committee advocates for diversity in our membership, diversity in our leadership, and diversity in the judiciary. It developed and implemented a three-part written plan on diversity that emphasizes “Awareness, Action and Accountability.”

In addition to developing a written plan for diversity, the Diversity & Inclusion

Committee holds quarterly roundtable discussions. At these popular diversity roundtables, members discuss what we can do as a bar to make people feel included. I have attended all of those roundtables and listened, taken notes, and learned. I reviewed my notes from these roundtables to prepare this message, and three statements from OCBA members stand out: Diversity is not about making people think and say what you believe, but diversity is about enriching your life by learning from others. – OCBA Member Diversity and inclusion means getting to know other cultures and other beliefs and embracing those differences rather than excluding them to avoid controversy. – OCBA Member Diversity is not about policing others and forcing your views on them, but about asking questions of others and listening to them. – OCBA Member

As we grow as a bar, it is important to remember how far we have come. And it is important that we remember that diversity and inclusion are not just about what is good for you; diversity and inclusion are about what is good for all of us. The OCBA of today is a broad panoply of colors, creeds, and backgrounds; we celebrate and embrace those differences.

Richard S. Dellinger, Esq., a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., practices in the litigation department in the areas of business litigation, trust and estate litigation, and significant dissolution of marriage. He has been a member of the OCBA since 1999.

OCBA Minutes Sept. 26, 1946.

Judge Emerson Thompson informed me that Mr. Woolfork was actively involved in civil rights legislation and litigation.

3 Codified today at §§708.05-708.10, Fla. Stat.

(2018).

1 2

Diversity & InclusionCommittee

LASGAL Teaching Tips

Similarly, when managers are encouraged and incentivized to mentor and engage with minorities, they become diversity champions.

We know that the carrot generally doesn’t get a lot of love. However, in light of the foregoing, we’re hoping that will change. After all, carrots are good for our eyes and, when it comes to diversity and inclusion, we could use some vision.

ings, including IEP meetings; monitor the child’s educational development; and help the child access available and needed educational services.

Are surrogate parents responsible for educational decisions not related to the child’s disability?

No. Surrogate parents do not have the right and responsibility to register the child in school, or to grant or withhold consent for ordinary school decisions, such as field trips, extracurricular activities, and medical care. These decisions are left to the discretion of the child’s custodian or case manager.

What does this mean for volunteer attorney GALs, and what is the answer to that quiz question?

Since GALs are one of the few constants in a dependent child’s life, GALs are often the best option for surrogate educational parent appointment. The Legal Aid Society GAL Program staff is always available to walk you through each step of the surrogate educational parent role, as well as assist with resolving specific educational issues in your case. Orange County volunteer attorney GALs definitely have what it takes to serve as surrogate educational parents; in fact, you set the curve.

For more information, please contact Hannah N. Farber, Esq., Legal Aid Society GAL Program staff attorney, at hfarber@legalaidocba.org, or 407-8418310. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, director of development, at 407-515-1850, or dhaynes@legalaidocba. org.

continued from page 11

Ahmad S. El-Gendi, Esq., is an attorney at Lowndes Law, focusing on intellectual property and commercial litigation. He is the chair of the Diversity & Inclusion Committee and has been a member of the OCBA since 2015.

Brian C. Lawrence, Esq., is an attorney at Lowndes Law, focusing on commercial litigation. He is the co-chair of the Diversity & Inclusion Committee and has been a member of the OCBA since 2016.

All puns intended.

Alexandra Kalev & Frank Dobbin, Why Diversity Programs Fail, Harv. Bus. Rev. (July-August 2016), https://hbr.org/2016/07/why-diversity-programs-fail. The Harvard Business Review article inspired this article.

3 Id. 4 American Bar Association, ABA National Lawyer Population Survey 10-Year Trend in Lawyer Demographics, Am. B. Ass’n Nat’l Law. Population Surv. (2018), https://www.americanbar.org/ content/dam/aba/administrative/market_research/National_Lawyer_Population_Demographics_2008-2018.pdf.

5 Lars Schmidt, The End of Cultural Fit, Forbes (March 21, 2017), https://www.forbes.com/sites/larsschmidt/2017/03/21/the-end-of-culture-fit/.

6 Id. 7 Id. 8 Supra note ii. (parentheticals added).

9 Id. 10 Id. 11 Id. (citing Kruglanski, Arie & Freund, Tallie, Freezing and Unfreezing of Lay-Inferences: Effects on Impressional Primacy, Ethnic Stereotyping, and Numerical Anchoring, J. of Experimental Soc. Psychol. (1983)).

12 Id. (citing J. Castilla, Emilio, Accounting for the Gap: A Firm Study Manipulating Organizational Accountability and Transparency in Pay Decisions, Org. Sci. (2015)).

1 2

continued from page 14

Hannah N. Farber, Esq., is a staff attorney in the Guardian ad Litem Program at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2014.

PAGE 26

www.orangecountybar.org

theBriefs February 2019 Vol. 87 No. 2

Labor & EmploymentCommittee continued from page 13

See 723 Fed. Appx. 964 (11th Cir. 2018) (“[d]ischarge for homosexuality is not prohibited by Title VII”) (quoting Blum v. Gulf Oil Corp., 597 F.2d 936, 938 (5th Cir. 1979) (emphasis in original).

2 Florida courts considering claims under the Florida Civil Rights Act (“FCRA”) generally construe the FCRA’s protections in accordance with the federal court system’s interpretation of Title VII because the FCRA was patterned after Title VII. See Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387 (11th Cir. 1998) (citing Ranger Ins. Co. v. Bal Harbour Club, Inc., 549 So.2d 1005, 1009 (Fla.1989); Florida State Univ. v. Sondel, 685 So.2d 923, 925 n. 1 (Fla. 1st DCA 1996); Gray v. Russell Please1996)). check the OCBA website Corp., 681 So.2d 310, 312 (Fla.1st DCA for updates!

3 See, e.g., § 57.08, Orlando, Fla., Municipal Code.

4 See, e.g., § 22-26, Orange County, Fla., Municipal Code.

5 Zarda v. Altitude Express, Inc., 883 F.3d 100, 107 (2d Cir. 2018) (citing Kalich v.

AT&T Mobility, LLC, 679 F.3d 464, 471 (6th Cir. 2012); Prowel v. Wise Bus. Forms, Inc., 579 F.3d 285, 289 (3d Cir. 2009); Medina v. Income Support Div., 413 F.3d 1131, 1135 (10th Cir. 2005); Hamner v. St. Vincent Hosp. & Health Care Ctr., Inc., 224 F.3d 701, 704 (7th Cir. 2000); Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252, 259 (1st Cir. 1999); Wrightson v. Pizza Hut of Am., Inc., 99 F.3d 138, 143 (4th Cir. 1996); Williamson v. A.G. Edwards & Sons, Inc., 876 F.2d 69, 70 (8th Cir. 1989) (per curiam); Blum v. Gulf Oil Corp., 597 F.2d 936, 938 (5th Cir. 1979) (per curiam); see also Johnson v. Frank, EEOC Decision No. 01911827, 1991 WL 1189760, at *3 (Dec. 19, 1991)).

6 Obergfell v. Hodges, 135 S. Ct. 2584 (2015).

7 Baldwin v. Foxx, EEOC Decision No. 0120133080, 2015 WL 4397641, at *5 (July 15, 2015) (quoting Price Waterhouse v. Hopkins, 490 U.S. 228, 242 (1989) (plurality opinion)).

8 723 F. App’x 964 (11th Cir. 2018).

9 883 F.3d 100 (2d Cir. 2018).

10 See Bostock, 723 F. App’x at 964 (relying on Evans v. Ga. Reg’l Hosp., 850 F.3d 1248, 1256 (11th Cir. 2017).

11 Simonton v. Runyon, 232 F.3d 33, 36 (2d Cir. 2000), overruled by Zarda, 883 F.3d 100.

12 Zarda, 883 F.3d at 131-32.

13 See City of Los Angeles, Dep’t of Water & Power v. Manhart, 435 U.S. 702 (1978).

14 See Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).

15 See Loving v. Virginia, 388 U.S. 1 (1967); Holcomb v. Iona Coll., 521 F.3d 130 (2d Cir. 2008).

16 Zarda, 883 F.3d at 131.

17 Id. (“[S]exual orientation is defined by one’s sex in relation to the sex of those to whom one is attracted, making it impossible for an employer to discriminate on the basis of sexual orientation without taking sex into account.”) (emphasis in original).

Id. (“[S]exual orientation is defined by one’s sex in relation to the sex of those to whom one is attracted, making it impossible for an employer to discriminate on the basis of sexual orientation without taking sex into account.”) (emphasis in original).

18 Id. 19 Id. 20 See Hobby Lobby Stores v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) (upheld by the Supreme Court in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014); Little Sisters of the Poor Home for the Age v. Burwell, 799 F.3d 1315 (10th Cir. 2015).

21 325 Fed. Appx. 492 (9th Cir. 2009).

22 Druley v. Patton, 601 F. App’x. 632 (10th Cir. 2015).

23 See Neil Gorsuch, Liberals‘N’Lawsuits, National Review (Feb. 7, 2005), https:// www.nationalreview.com/2005/02/liberalsnlawsuits-joseph-6/.

24 See Ayissi-Etoh v. Fannie Mae, 712 F.3d 572 (D.C. Cir. 2013); Ortiz-Diaz v. U.S. Dep’t of Housing & Urban Dev., 697 F. App’x. 6 (D.C. Cir. 2017).

1

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

theBriefs February 2019 Vol. 87 No. 2

Speaker: The Honorable Wilfredo Martinez

Tuesday, February 5, 2019

8:00 a.m.-9:30 a.m.

OCBA Center OCBA Members Only FREE

Register at www.orangecountybar.org/store

Limited Seating Sponsored by Breakfast Included

Milestone Reporting

Save the Date!

Tuesday, March 9, 2019 Gordon H. “Stumpy” Harris, Esq. Please check the OCBA website for updates!

S U PPORT THE OC BA! R E COMME N D THIS COU R S E!

Florida Notary Service Online Course • Fast, easy, convenient • Available 24/7 • Online instructions • Telephone support About this course: The Notary Public course and the Notary Public Commission Renewal course are sponsored by Florida Notary Services.

Register: www. orangecountybar.org

www.orangecountybar.org

PAGE 27

LASWhat We Do... continued from page 15

what my rights were. He told me that I probably didn’t need a bankruptcy. I can’t begin to tell you how much pressure that took off us just knowing we had an attorney in our corner. Eventually, we were able to negotiate an affordable payment in both cases. That meant we could stay on track with our already tight budget and most importantly avoid bankruptcy. Having an attorney handle our collection cases also meant I could stop stressing and focus on studying for my realtor’s exam. Which, by the way, I passed!

So…. if anyone needs to buy or sell a house, come see me before you leave!

Now, I wish I could say having my realtor’s license solved our debt problems. But with the competitive housing market right now, it’s more of a part-time job. Luckily, I did land a full-time tech support job. So, I finally have a steady paycheck and benefits.

February 5, 2019

pro bono attorneys, whether in or out of the courtroom, continually empower our clients to make the tough choices that lead to better futures for them and their families.

Please consider a financial donation to the Legal Aid Society so that we can continue empowering clients. For more information about how to become a pro bono lawyer and handle a civil consumer matter, contact Janis Mason at jmason@legalaidocba. org. For information about how to donate to our agency, contact Donna Haynes, development director, Legal Aid Society of the Orange County Bar Association, Inc., at 407-515-1850, or boc@legalaidocba. org. Donations may be made at www.legalaidocba.org under “For the Public.”

After all, we would like to move out of my parents' [house] before the kids leave for college.

What the Legal Aid Society did for me and my family may not seem like that much. But at the time, it was everything. We were scared. We didn’t know what to do. Legal Aid took the fears and the “what ifs” and explained it all in a way we could understand.

And more importantly, they helped us avoid bankruptcy. So yes, I am grateful for the Legal Aid Society and the work they do for families like mine.

And, I am grateful for people like you who support Legal Aid. Thank you for listening to my story this morning and thank you so much for supporting the Legal Aid Society.

Brandon’s story reminds us of the importance of sitting down with a client and making sure they know all their options. If knowledge is power, then knowing all the options is the key to wielding that power.

Legal Aid staff attorneys and our amazing

Jamos K. Mobley, Esq., is the consumer, homeless, and veterans’ attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

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.

With Great Power Comes Great Responsibility: Surrogate Educational Parent Certification with Orange County Public Schools

February 19, 2019 FSTs, MDTs, PSS-GAL Advocacy at Out-of-Court Staffings March 5, 2019

Taxes & Alimony

March 19, 2019

Dependency Drug Court

April 9, 2019

Child Support and Domestic Violence

April 23, 2019

The ABC’s of the APD Process

May 7, 2019

Simple Wills and Special Considerations When Working with LGBTQ+ Clients

May 21, 2019

Adoption IS Possible in Dependency

June 11, 2019

Debt Collection & Garnishments

June 19, 2019

Dependency Cases Really Do End: Finding Permanency

2019

PART 1 JAN - JUNE LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO

Please see the Announcements page for speakers.

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).

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 PAGE 28

www.orangecountybar.org

the Brie f s Februar y 2019 Vol. 87 No. 2

We invite you to submit your

2019 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought

nominations today for the OCBA’s Liberty awards as part of our annual Law Week celebration! Recipients will be honored and will receive their award at our annual Law Week Luncheon on April 25, 2019.

The Liberty Bell Award recognizes a person or organization in our community, outside the traditional legal profession, that best demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens.

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.

For all nominees, please consider those whose work meets the following criteria: • Promoted a better understanding of the rule of law; • Encouraged a greater respect for law and the courts; • Stimulated a sense of civic responsibility; and, • Contributed to good government within the community.

Please submit a one- to two-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: March 15, 2019.

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 David Medvec, Teen Court Program Coordinator Tico Perez, Community Leader Sara Trollinger, Founder of House of Hope

Mail or email your nomination to: Kim Homer, Executive Director, OCBA, 880 N. Orange Ave., Orlando, FL 32801 or khomer@ocbanet.org.

For further information, contact Jeramy Beasley at Jeramy.Beasley@csklegal.com. theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 29

I N A U G U R A L

Wednesday, February 6, 2019 // 5:30 PM - FINISH

Teams of 4 - 5 Participants! $100 Per Team

● Race through downtown Orlando, while competing in different challenges & puzzles – six stops in all! ● Avoid roadblocks levied by other teams.

HAPPY HOUR LIVE VIEWING AT LION’S PRIDE ON CHURCH STREET

● Poor performance will result in eliminations.

Non-Player Registration – OCBA Members $10 – Nonmembers $20

● Be the first to reach the Finish Line & win the inaugural trophy!

OCBAamazingrace@gmail.com for more information

● Compete as your firm team, bar organization, or with a group of friends! Minimum of three OCBA members per team.

Register via the OCBA store

● Head start for best costumes/uniforms & best (classy) smack talk!

● Sponsorships still available!

Sponsored by:

TM

PAGE 30 www.orangecountybar.org

theBrief s February 2019 Vol. 87 No. 2

SpecialLRIS

T

Lawyer Referral & Information Service Ask-a-Lawyer

he OCBA’s Lawyer Referral & Information Service has expanded during the past year to include a new community outreach program, Ask-a-Lawyer. Ask-a-Lawyer events are held at various community centers every month and are open to the public. Topics covered have in-

cluded family law; divorce; bankruptcy; landlordtenant; criminal matters; and various topics on discrimination and bias, particularly as they affect members of the LGBTQ community. The Ask-aLawyer program is co-sponsored by the Orange County Clerk of Courts.

October 16, 2018 The Center Co-sponsors: Orange County Clerk of Courts The Central Florida Gay and Lesbian Law Association Barry Miller, Esq. Michael Morris, Esq. Mark Elliott, Esq. Joseph Baker

October 16, 2018 Dr. James R. Smith Neighborhood Center Co-sponsor: Orange County Clerk of Courts Rasheed Allen, Esq. Nick Congelossi, Esq. Roberta Walton, Esq. Brice Aikens, Esq.

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 31

New M embe rs Attorneys Karina CABRERA Abraham ELMAZAHI Melissa ESCOFFERY Christopher M. HUDON Kathryn Allysa HUYNH David R. JADON Gary M. KALEITA Erin N. LOCKHART Amanda McCLURE

Logan J. OPSAHL Joel E. OSBORNE Shelly SAN MARTIN

Affiliate Luz M. SANTOSGONZALEZ

Law Student Briggs HOLSHEY

Bring your lunch and pick up great practice pointers!

FEB 11: Closing Arguments – Best Practices // Hon. John Kest

MAR 11: Topic: TBD 12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org Seating is limited. RSVPs are requested.

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

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of the Orange County Bar Association, Inc. Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.

2-9 Members Allen, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Artemis Family Law Group, PLLC Arwani Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A. Gans Law, P.A.

Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Small Business Counsel Southern Trial Counsel Sperling Ducker, P.L.C. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Hale, Hale & Jacobson, P.A. Harris Harris Bauerle Ziegler Lopez Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Ringer Henry Buckley & Seacord, P.A.

PAGE 32 www.orangecountybar.org

theBrief s February 2019 Vol. 87 No. 2

Seventh Annual Central Florida Diversity & Inclusion Picnic Barry Law School

6441 E. Colonial Drive Orlando, FL 32807 Saturday, March 16, 2019 12:00 p.m. to 4:00 p.m.

Free Admission

We welcome members of the judiciary, legal practitioners, law students, and paralegals to the Annual Central Florida Diversity & Inclusion Picnic to meet and network with your colleagues, members of the local voluntary bar associations, law firm representatives, and other sponsors.

Register through the OCBA Store (FREE).

PRIZES • RAFFLES • FOOD TRUCKS GUEST SPEAKERS • MENTORS If you have any questions, are interested in sponsoring, or have the desire to become a mentor, please email: Brian Lawrence at: Brian.lawrence@lowndes-law.com Arti Hirani at: hirani.arti@gmail.com

Follow us

Central Florida Diversity & Inclusion Picnic

Diversity and Inclusion Committee theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 33

SideBar

H

ope those new year resolutions are still going strong. In the event you would like to add to those resolutions, consider joining one of the many voluntary bar associations around town that are looking for new members just like you! For more information, please visit each organization's Facebook page and/or website, and see below for what some of these bar organizations have been doing to start 2019 with a bang.

GOAABA Alena V. Baker, Esq.

of Law to bring together a panel of women judges to foster discussion in the Orlando legal market about systemic gender inequities in the profession as well as strategies for balancing the scales. The format included a moderated panel that allowed for audience interaction and was followed by a meet-and-greet with the judges. Conversation topics included an exploration of women lawyers’ career expectations, overcoming bias, and getting male decision makers involved. The panelists also shared personal stories.

Happy new year to the Greater Orlando Asian American Bar Association (“GOAABA”).

GOAABA members will ring in the Lunar New Year on February 5, 2019, at Kona Grill. Congratulations to former GOAABA board member, Denise Kim Beamer, Esq., who was appointed as a circuit judge for the Ninth Judicial Circuit by Governor Rick Scott. She will be the second Asian judge presiding in Florida’s courts.

FBA

HBACF

PCPBA

The Hispanic Bar Association of Central Florida (“HBACF”) kicked off the new year with a talk on mental health issues at its luncheon on January 16, 2019. Dr. Keita Joy, who is a former counselor, presented “Money and Mental Health” to luncheon attendees. Dr. Joy, a mental health advocate, is currently a professor at the University of Central Florida and teaches a course in student life skills. She uses her past experiences and diverse counseling skill-set as a speaker and panelist for conferences, as well as an expert life coach on news segments for WESH 2 News and FOX News 35 in Orlando.

CFAWL

On January 17, 2019, the Central Florida Association for Women Lawyers (“CFAWL”) hosted its first Friday luncheon of the new year. The guest speaker was Jon Busdeker, who is co-author of 100 Things to Do in Orlando Before You Die. Mr. Busdeker is a former news reporter at the Orlando Sentinel and WESH-TV. He has covered the region for more than seven years and is the founder of Sunny Oranges Productions, a video storytelling company, and Orlando 60, a web series that focuses on the unique people and places in Central Florida.

On January 26, 2019, CFAWL held a “Mini and Me” playdate as part of its Table for 8 program. This event allowed parents to have grown-up conversations while their kiddos played in an indoor gym led by a professional activity coordinator.

Then, on January 30, 2019, CFAWL partnered with Gunster and the Florida A & M University College

The Federal Bar Association Central Florida Chapter (“FBA”) held its first brown bag lunch of the year on January 10, 2019. The event was held at the federal courthouse and featured the Honorable Daniel Irick of the U.S. District Court Middle District of Florida. The Chambers Lunch Series is an informal, collegial gathering of FBA members and district judges.

Paul C. Perkins Bar Association (“PCPBA”) hosted its annual Judicial Reception on January 30, 2019, at 310 Lakeside in downtown Orlando. This fun event allowed attorneys a chance to mingle with members of the judiciary in a relaxed atmosphere.

CFGALLA

The Central Florida Gay and Lesbian Law Association (“CFGALLA”) wrapped up 2018 at two events of note. CFGALLA members participated in OCBA’s Ask-a-Lawyer program in the fall. Members answered questions from the community on various topics, including discrimination and bias, particularly as it affects members of the LGBTQ community. On November 29, 2018, CFGALLA held its annual membership meeting at Barry Miller Law, where the association’s bylaws were amended to include a new officer position – vice president. Mark Elliott, Esq., of Mark Elliot Law, was elected to serve in that capacity. Look for upcoming events on the CFGALLA website.

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 and is a board member of the Criminal Law Committee of the OCBA.

PAGE 34 www.orangecountybar.org

theBriefs February 2019 Vol. 87 No. 2

CFAWL Holiday Party

Brandon Sapp, Esq. Annie Kwong, Esq. Arti Ajit Hirani, Esq. Christina Alvarez, Esq. Michael Andriano, Esq.

CFGALLA General Meeting

Central Florida Family Law Inn The Hon. Heather Pinder Rodriguez, President Will Turner, Presidential Service Award Recipient 2019 HBACF Board

Andrea Ortiz, Esq. Sandra Artreche, Esq. Laura Guiterrez, Esq. Ani Rodriguez-Newbern, Esq. Christina Alvarez, Esq. Natalie Quinonez, Esq. Camila Pachon Silva, Esq. Maytel Bonham, Esq.

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 35

PAGE 36

fs February 2019 Vol. 87 No. 2

www.orangecountybar.org theBrie

Events Feb. 5 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center.

Speaker: Hon. Wilfredo Martinez. Register by Feb. 2 through the OCBA Store.

Feb. 6 – Amazing Race Judicata. 5:30 p.m.-8:30 p.m. Lion’s Pride on Church Street. $100 (team of up to 5; limit 10 teams).

Viewing Party: $10 (OCBA members); $20 (nonmembers).

Sponsored by Milestone Reporting, Westlaw, and US Legal Support. Register by Feb. 1 through the OCBA Store. For details and registration, see ad on page 30 of this issue of The Briefs.

Feb. 21 – Evening with the Judiciary. 5:30 p.m.-8:30 p.m. Orlando Museum of Art. Includes appetizers, hosted bar, access to some galleries. Hosted by OCBA YLS. For fees and registration, see ad on page 21 of this issue of The Briefs. Register by Feb. 12 through the OCBA Store.

Feb. 23 – 2019 OCBA Gala – Laissez les Bon Temps Rouler!

7:00 p.m. Winter Park Racquet Club, 2111 Vía Tuscany, Winter Park, FL 32789. For details about fees, registration, and deadlines, see the OCBA website and ad on page 19 of this issue of The Briefs. Sponsorship opportunities available!

Mar. 2 – LAW(n) Day. 10:00 a.m.-3:00 p.m. Barry University School of Law. Games, music, food trucks, kids’ activities. Hosted by OCBA Criminal Law Committee. Sponsored by Mazin Law and SeiduleLaw. For fees and registration, see ad on page 13 of this issue of The Briefs. Register by Feb. 15 through the OCBA Store.

Mar. 5 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center.

Speaker: Gordon H. “Stumpy” Harris, Esq. Register by Mar. 2 through the OCBA Store.

Mar. 8 – Professionalism Awards Ceremony. 3:00 p.m.5:00 p.m. Orange County Courthouse, Jury Assembly Room.

Hosted by OCBA Professionalism Committee. RSVP by Mar. 6 through the OCBA Store.

Mar. 9 – Law Day 5K. 7:30 a.m. Harbor Park at Lake Baldwin.

For details and registration, see ad on page 23 of this issue of The Briefs. Sponsorship opportunities available!

Mar. 16 – Diversity & Inclusion Picnic. 12:00 p.m.-4:00 p.m.

Barry University. For complete details, see ad on page 33 of this issue of The Briefs.

Seminars

Feb. 1 – Professionalism, Solo & Small Firm, and Estate, Guardianship & Trust Committees Major Seminar. Prepping for the “Hereinafter”: Succession Planning & the Inventory Attorney Requirement. 11:00 a.m.-3:00 p.m. OCBA Center. CLE: 4.0 general (approved). $40 (OCBA members); $25 (gov’t/students); $50 (nonmembers). Speakers: Amber Jade F. Johnson, Esq.; Ava K. Doppelt, Esq.; Scott R. McMillen, Esq.; Jan Wichrowski, Esq.; Kate T. Hollis, Esq.; Sandra I. Rivera, Esq. Sponsored by Milestone Reporting. Register by Jan. 30 through the OCBA Store.

Feb. 5 – LAS Lunchtime Training. With Great Power Comes Great Responsibility: Surrogate Educational Parent Certification with Orange County Public Schools. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Bethanie Barber, Esq.; Sarah Koren, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 6 – Business Law Committee. The ESI Traps to Be Aware of During Discovery. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers).

Speaker: Andrew von Ramin Mapp. Sponsored by Data Analyzers. Register by Feb. 4 through the OCBA Store.

Feb. 11 – Brown Bagging with Tanya and the Bobs. Closing Arguments – Best Practices. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 (pending). Speaker: Hon. John Kest. Seating is limited. RSVPs are requested. Contact: Cindy Brown at ctjacb1@ocnjcc.org.

Feb. 13 – Real Property Committee. Leveraging Orange County Comptroller’s Technology for a Competitive Edge in Your Real Estate Practice. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers).

Speaker: Phil Diamond, CPA. Register by Feb. 11 through the OCBA Store.

Feb. 19 – International & Immigration Law Committee.

Can you Afford to Immigrate? The I-864, Affidavit of Support and Public Charge Issues. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general; 1.0 certification credits: immigration & nationality law (approved). Free (OCBA members); $15 (nonmembers). Speaker: Ana Senior, Esq. Register by Feb. 17 through the OCBA Store.

Feb. 19 – LAS Lunchtime Training. GAL Training: FSTs, MDTs, PSS-GAL Advocacy at Out-of-Court Staffings. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Meybelin Barrera, Case Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 22 – Bankruptcy Law Committee. Automation to Drive Growth for Your Firm. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers). Speaker: Matt O’Brien, Esq. Register by Feb. 20 through the OCBA Store.

Mar. 5 – LAS Lunchtime Training. Taxes & Alimony. 12:00 p.m.-1:30 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. 6 – Elder Law Committee. Details to come.

Mar. 7 – Business Law Committee. Details to come.

Mar. 8 – Labor & Employment Committee. Details to come.

Mar. 11 – Brown Bagging with Tanya and the Bobs. 12:00 p.m.-1:00 p.m. Topic: TBD. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 (pending). Seating is limited. RSVPs are requested. Contact: Cindy Brown at ctjacb1@ocnjcc.org.

Mar. 11 – Estate, Guardianship & Trust Committee. Details to come.

Mar. 12 – Technology Committee. Details to come.

Mar. 15 – Family Law Committee. Details to come.

Mar. 19 – LAS Lunchtime Training. GAL Training: Dependency Drug Court. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Hon. Reginald Whitehead; Doris E. Mackey, Case Coordinator.

Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Mar. 26 – Civil Rights Committee. Details to come.

Mar. 27 – Solo & Small Firm Committee. Details to come.

Mar. 29 - Bankruptcy Law Committee. Details to come.

An n o unce ments

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybar.org

PAGE 37

CLASSIFIED ADS EMPLOYMENT

DOWNTOWN ORLANDO LITIGATION FIRM is seeking attorney with 2 years’ experience. Insurance defense experience preferred. Benefits and salary are based on experience. E-mail your resume to dianna@vasko. net.

THE ORANGE COUNTY CLERK’S SELF HELP CENTER is in need of attorneys who speak Spanish, Creole or are ASL certified. The Self Help Center attorneys provide consultations to clients who need information regarding family law, evictions, and small claims. Self Help Center Attorneys can sign up to work for one or more days per month. For more information, please contact Candice Maull at candiced@ ocbanet.org.

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. 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. SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its

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

Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

THE LAW FIRM OF FISHER RUSHMER, P.A. is seeking commercial litigation associate with 3 - 5 years’ experience. Portable book of business a plus.

Generous benefits package available. Please reply with your resume to: lskinner@ fisheralwfirm.com.

DSK LAW, FOUNDED IN 1976, IS ONE OF THE LARGEST LAW FIRMS in Central Florida with offices in Orlando, Tampa, Melbourne and Tallahassee is seeking candidates for an attorney to service Legal Service Plans administered in its Orlando Office. 5+ years of experience in civil or criminal matters, transactional and document experience.

Exceptional customer service skills for primarily telephone consultations, strong

planning, organizational skills and ability to work independently. Send resume to careers@ dsklawgroup.com.

OFFICE SPACE/SALE/ RENT/LEASE/SHARE PROFESSIONAL SPACE AVAILABLE IN OCOEE for sharing with CPA. Copier and shared kitchen, semi-private conference room, bathroom, 1500 total feet, up to 1100 available. Contact Albert@ mixnerco.com.

OFFICE SPACE FOR LEASE NEAR DOWNTOWN ORLANDO. Renovated. New AC Units, New Kitchen, New Floors. Rent includes water and electricity, security monitoring, cleaning services 2x week, Water Delivery and shredding services. Three offices, reception area, lobby, break and copy room. Taxes and Maintenance are separate.

Please contact Jorge at 407.575.4361.

Use the OCBA’s Lawyer Referral & Information Service

Add the LRIS number to your playbook:

407-422-4537

TM

Your support of LRIS helps fund member benefits, bar programs & community outreach activities.

The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida.

PAGE 38

www.orangecountybar.org

theBriefs February 2019 Vol. 87 No. 2

TM

The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice.

To become a Featured Benefits provider, contact our Advertising & Sponsorship Department.

•Advertising•

The Baker Press, Inc. – Finest Quality Printing since 1968 • Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 dthompson@thebakerpress.com Living Magazines, Inc. /Vail Living Agency – Innovative Print & Advertising Design Catherine Hébert • P.O. Box 3450, Grand Junction, CO 81502 • 970-331-6491 trinitycathy@yahoo.com

•Legal Support Services•

Boehm & Boehm Forensic Media Consulting – Certified Comprehensive Litigation Support Solutions • Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 407-405-8483 • florian@boehmboehm.com Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee • Clio.com/OCBA Data Analyzers | Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! • Brian McCarthy • 39 Skyline Drive, #1009, Lake Mary, FL 32746 • 321-206-6718 (x106) • brian@forensicanalyzers.com DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979 • Evelyn Quintana • 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-423-9900 • evelyn@milestonereporting.com Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services. Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership. • Vaunda Lyles • 407-925-3398 • vaunda.lyles@thomsonreuters.com

•Office Equipment / Services•

Verizon Wireless – Receive significant discounts on wireless calling plans, as well as discounts on accessories, devices and smartphones. Eligibility requirements apply. Visit NPP to learn more and to start saving.

Best Buy for Business – Best Buy for Business offers top tier pricing on over 150,000 items. Discounts vary upon item category. Enroll with NPP and start saving today!

Office Depot – With more than 16,000 in-stock office supply products, Office Depot has an extensive variety of items. Enroll in premier Office Depot pricing through NPP. Level(3) – Toll-free audio conferencing for only 2 cents per minute; no contract, setup or monthly fee. Additional telecomm solutions available. Enroll with NPP and start saving today!

•Personal Services•

Expedia – Receive a discount on hotels from Expedia. Sign up today at NPP and find your freedom with an additional discount over and above Expedia’s already low prices. Visit NPP to learn more and to start saving.

1-800-Flowers.com – NPP members save 20% on 1-800-Flowers.com and 1-800-Baskets. com. Enroll with NPP and start saving today!

DentalPlans – Members can receive a 15% discount, plus 3 months free with :DentalPlans. Choose from over 30 plans from healthcare brands like Cigna and Aetna.

Annual dental savings plans range from $79 – $299 and cover over 100,000 dentists nationwide. Visit NPP to learn more and to start saving.

Skechers – Direct Receive 30% off select work and corporate casual styles including OSHA compliant footwear and work boots. Enroll with NPP and start saving today!

Sherwin-Williams – NPP members receive national account contract pricing on paints, coatings, and supplies. Members also receive free services on order planning and specification recommendations. Visit NPP to learn more and to start saving.

The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

theBriefs February 2019 Vol. 87 No. 2

www.orangecountybarrg

PAGE 39

OCBA Calendar

OCBA February Luncheon February 28, 2019

The Honorable Mary S. Scriven

FEBRUARY - MARCH 2019

Health & Wellness Real Property Committee

February

1

Professionalism, Solo & Small Firm, and Estate, Guardianship & Trust Committees Seminar Prepping for the “Hereinafter”: Succession Planning & the Inventory Attorney Requirement 11:00 a.m. • OCBA Center Diversity & Inclusion Committee Roundtable 12:00 p.m. • OCBA Center Member Perks 8:00 a.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center

Real Property Committee Meeting

12:00 p.m. • OCBA Center LAS Lunchtime Training With Great Power Comes Great Responsibility: Surrogate Educational Parent Certification with Orange County Public Schools 12:00 p.m. • Marks St. Senior Center Elder Law Committee Meeting 12:00 p.m. • OCBA Center Business Law Committee Seminar The ESI Traps to Be Aware of During Discovery

12:00 p.m. • OCBA Center Amazing Race Judicata 5:30 p.m. • Lion’s Pride, Church Street Criminal Law Committee Meeting

12:00 p.m. • OCBA Center International & Immigration Law Committee Meeting

12:00 p.m. • OCBA Center Brown Bagging with Tanya and the Bobs Closing Arguments – Best Practices 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Law Week Committee Meeting 12:00 p.m. • OCBA Center Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center

4 5

6

7 11

12 13

PAGE 40

Seminar Leveraging Orange County Comptroller’s Technology for a Competitive Edge in Your Real Estate Practice 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Judicial Conference Rm. Social Security Committee Meeting 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club International & Immigration Law Seminar Can you Afford to Immigrate? The I-864, Affidavit of Support and Public Charge Issues 12:00 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training GAL Training: FSTs, MDTs, PSS-GAL Advocacy at Out-of-Court Staffings 12:00 p.m. • Marks St. Senior Center Appellate Practice Committee Meeting 12:00 p.m. • Lowndes OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center Evening with the Judiciary

5:30 p.m. • Orlando Museum of Art Bankruptcy Law Committee Seminar Automation to Drive Growth for Your Firm 12:00 p.m. • OCBA Center 2019 OCBA Gala Laissez les Bon Temps Rouler!

7:00 p.m. • Winter Park Racquet Club Social Committee Meeting 12:00 p.m. • OCBA Center

14

15 19

20

21 22 23 26

27

Committee Meeting 12:00 p.m. • OCBA Center OCBA Luncheon The Hon. Mary S. Scriven 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando

28

March

2

Criminal Law Committee Event

LAW(n) Day 10:00 a.m. • Barry University School of Law Member Perks 8:00 a.m. • OCBA Center Real Property Committee Meeting

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

12:00 p.m. • OCBA Center LAS Lunchtime Training

Taxes & Alimony 12:00 p.m. • Marks Street Senior Center Elder Law Committee Seminar

TBD OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Business Law Committee Seminar TBD Criminal Law Committee Meeting 12:00 p.m. • OCBA Center International & Immigration Law Committee Meeting 12:00 p.m. • OCBA Center Labor & Employment Committee Seminar TBD OCBA Professionalism Awards Ceremony 3:00 p.m. • Orange County Courthouse, Jury Assembly Room Law Day 5K 7:30 a.m. • Harbor Park at Lake Baldwin Brown Bagging with Tanya and the Bobs 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

5

6 7

8

9 11

www.orangecountybar.org

Embassy Suites by Hilton Downtown Orlando 11:30 a.m.-1:00 p.m.

191 E. Pine St., Orlando, FL 32801 RSVP by February 25 // orangecountybar.org/store Co-hosted by Paul C. Perkins Bar Association Title Sponsor: Milestone Reporting

Estate, Guardianship & Trust Committee Seminar TBD Technology Committee Seminar TBD Literary Society Meeting 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Judicial Conference Rm. Construction Law Committee Meeting 5:00 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center Family Law Committee Seminar TBD YLS Luncheon 11:30 a.m. • Citrus Club Diversity & Inclusion Picnic 12:00 p.m. • Barry University Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training GAL Training: Dependency Drug Court 12:00 p.m. • Marks St. Senior Center Appellate Practice Committee Meeting 12:00 p.m. • Lowndes Civil Rights Committee Seminar TBD Social Committee Meeting 12:00 p.m. • OCBA Center

12 13

14

15 16 19

20 26

27

Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center Solo & Small Firm Committee Seminar TBD Bankruptcy Law Committee Seminar TBD

29

theBriefs February 2019 Vol. 87 No. 2

880 North Orange Avenue Orlando, Florida 32801

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