Orange County Bar Association - The Briefs - January 2015

A Publication of the Orange County

Inside this Issue:

January 2015 Vol. 83 No. 1

Bar Association

Appellate Practice Committee Applying and Appealing Rulings on the President’s Message Stand Your Ground Law Resolutions of Interconnectivity Nicholas A. Shannin, Esq. Nicola H. Popovich, Esq. Law Week 2015 Criminal Law Committee

The Magna Carta: Symbol of Freedom Under Law...

From Frye to Daubert and the Volunteer Today!

Effect on Criminal Cases Matthews R. Bark, Esq. Steven D. Kramer, Esq.

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the Briefs

Contents 3

President’s Message Resolutions of Interconnectivity Nicholas A. Shannin, Esq.

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©2015

Legal Aid Society GAL Teaching Tips Child Sexual Abuse – How GALs Can Reduce Trauma and Emotional Distress for Child Victims

Kavita Sookraj, Esq. January 2015 Luncheon Rowdy Gaines OCBA October Luncheon Olympic Gold Medalist, 1984

23rd Annual YLS Golf Tournament Professionalism Committee A Judge’s Perspective: Top Mistakes Attorneys Make in Civil Litigation YLS on the Move The Hon. John E. Jordan Chanel A. Mosley, Esq.

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

David A. Meek, Esq., Elizabeth Collins Plummer, Esq. & Téa Sisic, Esq. 19 Hearsay Columnist Christine A. Wasula, Esq.

20-21

Side Bar Columnist Sunny Lim Hillary, Esq.

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Board of Governor’s Report Report from The Florida Bar Board of Governors Mary Ann Morgan, Esq. Paul L. SanGiovanni, Esq. Wayne L. Helsby, Esq.

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

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SideBar Sunny Lim Hillary, Esq.

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Barry Law Trial Team Defeats Harvard, Georgetown to Win National Championship

Paul E. Lefton Clerk’s Corner Orange County: Tiffany Moore Russell, Esq. Hearsay...

Elected Orange County Clerk of Courts Christine A. Wasula, Esq. Osceola County: Attorney Express Line to Ease Updates and Payments

Falling in Line for Success! Paralegal

Boot Camp 2014 Criminal Law Committee From Frye to Daubert and the Effect on Criminal Cases Paralegal Post Matthews R. Bark, Esq. Benefits of an Unpaid Paralegal Internship Steven D. Kramer, Esq. Shannon E. Casey

Appellate Practice Committee New Members Applying and Appealing Rulings on the Stand Your Ground Law

Nicola H. Popovich, Esq. Rainmaking

How Do You Eat an Elephant? Part 2

Michael Hammond, Esq. Law Week 2015 The Magna Carta: Symbol of Freedom Under Law.... Volunteer Today!

Announcements Anthony F. Sos, Esq.

Nikki R. Rodeman, FRP

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36 Classifieds 17 Legal Aid Society 40 What We Do...

Surviving the Storm: A Foster Child’s Journey Towards Safety Kavita Sookraj, Esq. Susan Khoury, Esq.

Calendar

DEADLINE INFORMATION

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

All contents ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Dollar Photo Club

ISSN 1947-3968

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Communications Assistant Nancy Barnette Marketing & Sponsorship Coordinator Amanda Nethero

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

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President’sMessage

January 2015 “N Nicholas A. Shannin, Esq.

Resolutions of Interconnectivity

The winds of change shouldn’t othing changes on Two Thousand Fifteen New Year’s Day” The New Year holds great promise stop these resolutions where soul meets body. Instead, the croons Bono from bar itself resolved, at the beone of U2’s earliest hits. But Let us seize the chance! ginning of this bar year, to even within those lyrics lie the promise of something new, proclaiming: “I, I change from a 20th-century, okay computer will begin again.” So it is and so it shall always set-up of the online directory to a 21st-centube – we resolve to shed something of the old and ry digital one ready to go into the great wide embark on something new, letting the turn of cyber-open. Meaning: No more passwords and the calendar page be our inspiration to shed our no more promises of connectivity that can only skin and find the new stuff, and go dancing in. be seen by a few. The interconnectivity preached A different singer once crowed, “A change here provides as a benefit of bar membership would do you good.” And, of course, she’s right. that everyone can get your information right Perhaps your resolution is physical in nature – away, including our non-lawyer community as it is for many of us. We’d all like to be more who may want to hire you or your firm. The active and find the inspiration to make a morn- rollout is expected to occur soon after you get ing run part of our 2015 plan. If you want in- this issue of The Briefs, so watch this space and centive, how about this: You can sign up right be open to using “MyOrlandoLawyer.com” – now for the Inaugural OCBA Law Day 5k! It’s your fastest way to find your referral sources, on May 2 in lovely (and convenient) Baldwin and the fastest way for them to find you. What Park. Supporting our Legal Aid Society and our comes around goes around, which in the world OCBA Foundation will be a great way of referrals and business is all good! to connect with your fellow bar mem- Resolutions are all about one word, and that bers and put into action those resolved one word can bring you around: Changes. Time running sessions you might have com- might change us, but we can’t change time. (We mitted to with the New Year! The can, however, charge for time, but that’s a differShannin Law Firm is already a ent story altogether!) The bar and its members sponsor – and you can be, too. Go should use this time to take a look at itself and on to the OCBA website for details, or then make that change! We all want a perfect email Jerry Hanbery at jhanbery@ body, we want a perfect soul – but we mortals invitationhomes.com for sponsor- are less than perfect. So instead, take the grace of the new year to strive toward simply being betship information!

Maybe your resolution is for more cul- ter, not perfect. If we get outside, if we broaden ture? You’re in the right club! Opportuni- our minds, and if we connect with each other ties abound for you OCBA members when and our community, well, what a wonderful the season’s change brings us to the Winter Wine world this would be! & Cheese Social on January 28 at the Winter Happy New Year, everyone, Park Farmer’s Market. As with the 5k, your tick- Nicholas A. Shannin, Esq., Board Certified Appellate ets and information are all on the website: www. Attorney at Shannin Law Firm, P.A., practices appellate and governmental law and serves as a Certified Circuit, orangecountybar.org. But wait, there’s more!

Appellate, and Federal Mediator. He has been a memThe Orlando Shakespeare Theatre is arranging ber of the OCBA since 1994. an OCBA theater night and an Orlando Shakes Mock Trial! Whence this publication has reached thy hands, the details for each shall be writ verily on the OCBA page of web, addressèd as noted above. If further information seekest thou, to Dame Suzanne Gilbert should thou inquire: suzanne.gilbert@hklaw.com.

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OCBA LuncheonThursday, January 22, 2015 Rowdy Gaines Olympic Gold Medalist, 1984

T Rowdy Gaines

hroughout the 1980s, Rowdy Gaines was the fastest swimmer on the planet. His world records confirmed his place in swimming history. The Olympic boycott of 1980 came during the peak of his career, when he set world records in the 100- and 200-meter freestyles and Swimming World magazine voted him World Swimmer of the Year. He was predicted to win five Olympic gold medals in Moscow.

After a brief retirement, the allure of competing proved too strong, and he returned to the pool, where the consummate technician resumed his attack on the record books. At the 1984 Olympic Games in Los Angeles, no swimmer won more races than he did with his three gold medals in the 100 meter freestyle, the 4x100 meter freestyle, and medley relays.

In 1991, the swimming world was shocked to hear that Rowdy had contracted Guillain-Barré syndrome, an affliction of the autoimmune virus that attacks the nervous system. Completely paralyzed for more than two weeks, Rowdy fought back, overcame the disease, and one year later went to the World Masters Championships and won the glamorous 50and 100-meter freestyle events.

Known as the voice of swimming, he has worked with CBS, TNT, and ESPN as a regular announcer for swimming and other events, and called his sixth Olympic telecast for NBC at the 2012 Games in London. He will again be part of the NBC broadcast team in 2016 for the Rio Olympics.

Today, he is vice president of aquatics for the Central Florida YMCA, and he talks to kids, mentors them, and spreads the message that championship comes not from the outside but from the inside, and that dreams can come true if you believe in yourself. He and his wife Judy have four children: Emily, Madison, Savanna, and Isabelle.

He is a member of the U.S. Olympic Hall of Fame and International Swimming Hall of Fame.

Today, Rowdy is often referred to as “Swimming’s Greatest Ambassador.”

Maybe life goes on without the Olympics, but not for the fastest swimmer on earth. His determination to compete in Los Angeles in 1984 and his stellar success mark Rowdy Gaines one of the world’s most dedicated, as well as ambitious, athletes and symbolize the American quest for more than gold.

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

225 S. Garland Avenue • Orlando, FL 32801 Please RSVP by Friday, January 16, 2015 RSVPs will not be accepted after January 16, 2015 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than January 16, 2015.

To cancel, contact Marie West at mariew@ocbanet.org.

The OCBA is happy to provide 8 luncheons as part of your member benefits, but no-shows incur additional charges for the bar and walk-ins cannot be guaranteed a seat.

Sponsored by Orlando Solar Bears

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ProfessionalismCommittee A Judge’s Perspective: Top Mistakes Attorneys Make in Civil Litigation

The Honorable John E. Jordan

• Forgetting that you are a member of The Florida Bar and opposing counsel is your colleague not your adversary. Guard your reputation. Count to 10 before you speak or respond to an attack. Be careful when emailing, and ask yourself whether you would say those things to the recipient in person. Professionalism demands courtesy.

• When dealing with an unfamiliar judge, failing to talk to attorneys who have appeared in front of the judge. Every judge has his or her own style of running a courtroom.

• Failing to account for traffic, parking, security, and elevator gridlocks. Expect delays and arrive early. This includes your client and witnesses as well.

• Failing to check in with the court or checking in and leaving the area. If you are not present, the judge will likely proceed without you.

• Failing to know the rules. Administrative orders such as 2012-03 Meet and Confer, individual judge’s procedures, Courtroom Decorum, and Florida Rules of Civil Procedure. Go to the 9th Judicial Circuit website (www.ninthcircuit.org) to download the rules.

• Showing up without a proposed order, sufficient copies for all parties, and stamped, pre-addressed envelopes. If you are not sure how the judge will rule, leave space on the order for the judge to write additional rulings. Need a stamped envelope? Purchase one at the clerk’s office.

• Disrespecting court personnel, such as judicial assistants, clerks, and deputies. They work very hard and deal with a large volume of telephone calls, emails, in-person contact from pro se litigants, attorneys, legal assistants, family members of litigants, etc.

• Calling or emailing the judicial assistant to set a hearing before checking available hearing times on JACs and before clearing the hearing time with opposing side.

• Scheduling a hearing before filing the motion.

Likewise failing to schedule a timely hearing when you file a motion.

• Failing to file a Notice of Change of Address with the clerk. Court mail, emails, and e-filings and Notices of Hearing/Trial are sent to the last address in the clerk’s case management system. If your address changes, you will not receive these documents unless you alert the clerk of your new address.

• Attempting to “piggyback” motions. Do not cross-notice additional motions unless you first confirm with opposing counsel/litigant and the judge’s judicial assistant that sufficient additional time can be reserved in which to hear the additional motions.

• Calling the judicial assistant about a matter that is a clerk issue or which you can check for yourself by accessing the court or clerk’s websites.

• Emailing, faxing, or mailing ex parte communications to judge/judicial assistant. If you want the court to act on a matter, file a written motion and schedule the motion for hearing. The court will sanction parties/attorneys for abusive emails, faxes, letters, and telephone calls.

• Failing to call the court/opposing counsel/pro se party when a scheduled hearing is cancelled or a dismissal filed. It is unprofessional to cause an attorney/party to make a needless court appearance or have the court wait for the parties to appear.

• Failing to read, calendar, and follow a Pre-Trial Order. Failing to follow the Pre-Trial Order can result in a case being stricken from trial docket or limitations placed on the evidence or witnesses that will be allowed at trial. Complete proposed Jury Instructions and Verdict Form before pre-trial conference.

• Failing to get with the trial clerk to pre-mark evidence. Consider Juror Notebooks Fla. R. Civ. P. 1.455. Remember to move into evidence your exhibits marked for identification. Test your computer/video equipment in the actual courtroom before trial. Confer with the IT department at the courthouse prior to trial.

• Failing to bring an interpreter. The court does not provide interpreters in civil cases. Caveat: Under the ADA, court administration will provide sign language interpreter in civil matters.

Contact court administration no later than two working days in advance to arrange accommodation for hearing or voice impairment. See Administrative Order 07-97-32-04.

• Arguing with the judge, especially after a ruling.

Take a deep breath. You can always file a Motion for Rehearing, Reconsideration, New Trial, or Alter/Amend/Relief from Judgment, or file an appeal.

The Honorable John E. Jordan, Ninth Judicial Circuit Court, has been a member of the OCBA since 1984.

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Board of GovernorsReport

T Mary Ann Morgan, Esq.

Paul L. SanGiovanni, Esq.

Wayne L. Helsby, Esq.

Report from The Florida Bar Board of Governors

he Florida Bar Board of Governors met on October 24, 2014. The major actions of the board and reports received included: A new Special Committee to Study Unethical and Illegal Solicitation of Legal Business was approved to review public and attorney complaints and perform a comprehensive analysis of any trending unethical or illegal activities. A report and recommendations are to be submitted to The Florida Bar Board of Governors by January 2016.

The president will appoint 10-15 members to the special committee, including representatives from the state attorney’s and public defender’s offices, an attorney who currently serves as counsel to lawyers in grievance matters, and a non-lawyer member of a Florida Bar grievance committee.

The special committee will review complaints in the personal injury area as well as other areas of law practice. Additional details are included in the Nov. 15 issue of The Florida Bar News.

Preliminary reports were presented from the Bar Admissions and Legal Education Committees of the Vision 2016 Commission. Board members discussed some of the findings of the committees and the ramifications of having a growing number of lawyers, increasing unmet legal needs especially for the middle class and the poor, and the difficulty of lawyers finding jobs, as well as falling law school applications and changes coming in legal education. The Vision 2016 Commission is conducting an in-depth review of four areas that will impact the future practice of law in Florida: legal education; technology; bar admissions; and access to legal services. This comprehensive study will provide the foundation to “prepare today’s lawyer for tomorrow’s practice.”

Discussion was held on changes to proposed amendments to the comment to Rule 4-4.2 by the Government Lawyer and City, County, and Local Government Law sections. The rule governs lawyers contacting parties representing attorneys,

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including when those parties are government officials. As this issue of The Briefs goes to press, President Greg Coleman said the board likely would devote considerable time at its December 12 meeting to discussing the amendments, which have generated considerable controversy among various bar committees and sections. For more information: “Rule would address contact with represented government officials,” The Florida Bar News, September 1, 2014.

After the July bar exam, the Young Lawyers Division (YLD) membership stands at 25,444, or about a quarter of the bar’s total membership. The YLD, in conjunction with the board’s Communications Committee, held the first free CLE (1.0 general) on social media and technology webinar on using Facebook, Twitter, and LinkedIn. The next webinar in the series will look at social media pitfalls. The annual YLD Affiliate Outreach Conference will be January 16-17 in St. Petersburg.

The Special Task Force to Study Enhancement of Diversity in the Judiciary and on the JNCs is coordinating with other bar committees’ efforts to improve diversity on the bench and JNC. The task force is addressing the report and recommendations of a president’s special task force appointed in February 2014.

Submitted by Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Paul L. SanGiovanni, Esq., Morgan & Morgan, and Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A. They have been members of the OCBA since 1999, 1987, and 1983, respectively.

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Clerk’sCorner Orange County

T

Tiffany Moore Russell, Esq. Orange County Clerk of Court

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

he past several days have been a whirlwind since becoming the Orange County Clerk of Courts. I am honored that the citizens of Orange County have entrusted me to lead this great organization into what will surely be a transformative time.

I am excited to be joining the clerk’s office at a time when technology is playing such a pivotal role in our access to the courts system. One example is electronic access to court documents. While we must wait for the Florida Courts Technology Committee to approve our plan, we are confident that in the very near future you will be able to view more information online from your home, office, or wherever you have Internet access.

For me, access to the courts system – especially through the use of technology, is a vital part of my vision for this office.

Customer service is another area of focus for me as your clerk. Serving our customers has always been a hallmark of the clerk’s office and I pledge to continue that tradition by looking for new ways to make doing business with our office easy and convenient.

To that end, we are working toward expanding the types of payments you can make at our website, myorangeclerk.com. While tens of thousands of people pay their traffic-ticket fines online each year, we plan to expand that option to criminal and other payment types during the coming year.

That is just one example of the many ways my office is working to serve the citizens of Orange County. I could not be more proud to be part of this organization, and I am looking forward to getting to know this dedicated team I lead.

I look forward to working with them, our customers, and this community in the years to come.

Thank you for this opportunity.

Submitted by the Orange County Clerk of Courts Office.

Nicholas A. Shannin, Esq., OCBA President; Tiffany Moore Russell, Esq.; Chief Judge Frederick J. Lauten, Ninth Judicial Circuit Court

Tiffany Moore Russell, Esq. and Kimberly Homer, Esq., OCBA Executive Director

Osceola County Attorney Express Line to Ease Updates and Payments

T

he Osceola County Clerk of the Circuit Court has available a Civil and Domestic express line for attorneys’ use for services not mandated by the ePortal. Window #10 in the Civil/Domestic Division will be available Monday through Friday, from 8:00 a.m. to 5:00 p.m.

With this added service to the legal community, Ronald Legendre, Esq., Counsel for the Osceola County Clerk of the Circuit Court, is certain that attorneys and their clients will greatly benefit with the easy access to the court’s counter clerk, who will be able to assist with case updates and collection of miscellaneous payments.

For additional information about the services available at Window #10, please contact the Civil Department at 407-742-3479.

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Criminal LawCommittee

From Frye to Daubert and the Effect on Criminal Cases

I Matthews R. Bark, Esq.

n 2013, Florida Statute § 90.702 was amended to transform the standard to admit expert opinion into evidence from the Frye1 standard to the Daubert2 standard. This article will set forth the differences between the Frye and Daubert standards and examine some types of testimony that may be affected in criminal cases. It is important to note that both versions of section 90.702 are an exception to the general rule that the opinion of a witness at trial is generally not admissible into evidence.3

Prior to 2013, section 90.702 read as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however the opinion is admissible only if it can be applied to evidence at trial.4

Steven D. Kramer, Esq.

Currently, Section 90.702 reads: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if: (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case.5 In order to explain how the additions of the subparagraphs to the current version of section 90.702 have affected the admissibility of expert testimony, it is best to first understand what the requirements were under the previous version of section 90.702, i.e. under Frye. Under Frye, in order to admit opinion testimony based on scientific, technical, or other knowledge, the witness providing such opinion must base the opinion on “knowledge, skill, experience, training, or education.” The D.C. Circuit Court of Appeals in Frye went on to explain that, “while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle

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or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.”6 This Frye-based requirement for admissibility has been called the “counting heads” requirement to admissibility. So long as a group of similarly educated people agree that a scientific principle is reliable, and that it has gained general acceptance and opinion based on such, it should be admissible into evidence. In other words, the only preliminary evaluation to be made by the trial judge is whether the scientific theory the opinion is based on has gained general acceptance in the scientific community.

The newly amended version of section 90.702, known as the Daubert standard, gives the trial judge more flexibility by allowing the trial judge to evaluate additional factors in determining whether certain expert testimony should be admitted into evidence. The same language that was in section 90.702 prior to 2013 is still present.

Thus, one of the circumstances the trial judge may (and should) evaluate to determine if the opinion proffered is admissible as an expert opinion remains whether the scientific principle applied to reach the opinion has gained general acceptance in the field in which it belongs.7 However, the United States Supreme Court explained in Daubert that “[t]he inquiry envisioned

by Rule 702 is …a flexible one.”8 The trial judge must preliminarily assess “whether the reasoning or methodology underlying the testimony is scientifically valid and …whether that reasoning or methodology properly can be applied to the facts in issue.”9 The Court provided the following inquiries as a guide: a. Can the theory or technique be tested?10 b. Has the theory or technique been subjected to peer review?11 c. What is the potential rate of error?12 d. And, has the theory or technique gained general acceptance in the scientific community?13 The Daubert Court stressed that this is not an exhaustive list of inquiries that should be made. The trial judge may find other inquiries appropriate or apply the above inquiries with differing weight in differing scenarios. Further, the Daubert Court

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Criminal LawCommittee continued from page 10

advised trial judges to be mindful of the other rules of evidence that will affect the admissibility of evidence under section 702: Throughout, a judge assessing a proffer of expert scientific testimony under Rule 702 should also be mindful of other applicable rules. Rule 703 provides that expert opinions based on otherwise inadmissible hearsay are to be admitted only if the facts or data are “of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject.” Rule 706 allows the court at its discretion to procure the assistance of an expert of its own choosing.

Finally, Rule 403 permits the exclusion of relevant evidence “if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury… .” Judge Weinstein has explained: “Expert evidence can be both powerful and quite misleading because of the difficulty in evaluating it. Because of this risk, the judge in weighing possible prejudice against probative force under Rule 403 of the present rules exercises more control over experts than over lay witnesses.”14 The rules mentioned above and quoted in Daubert are based on the Federal Rules of Evidence. Of concern is whether the rules of evidence under Florida Statutes Chapter 90 provide the same and/or adequate protections from allowing the admission of misleading expert opinions at trial.

Florida Statute § 90.403 mirrors Rule 403 of the Federal Rules of Evidence. The discretion to appoint an expert by the trial court in Rule 706 of the Federal Rules of Evidence, however, is not provided in the Florida Statutes.15 Rule 703 of the Federal Rules of Evidence seems to be reflected in

Florida Statute § 90.704 as amended on July 1, 2013.16 While section 90.704 of the Florida Statutes does not specifically reference inadmissible hearsay, the statute does acknowledge that the fact or data relied upon by the expert witness may or may not be admissible into evidence and provides a framework to use if the situation requires.

The following are among the types of testimony that may be affected by the amendment of section 90.702. Will an officer be allowed to testify without a chemical test that a substance is a controlled dangerous substance under chapter 893, Florida Statutes?17 Will testimony in DUI cases, such as to the administration of the horizontal gaze nystagmous18 or the admissibility of a breath test19 be affected? Will the admissibility of fingerprints and DNA be revisited? What impact the amendment to section 90.702 will have on these types of testimony and others will be determined in the coming years through litigation and the appellate process.

Matthews R. Bark, Esq., The Law Offices of Matthews R. Bark, has been a member of the OCBA since 2008. Steven D. Kramer, Esq., is an attorney with The Kramer Law Firm.

Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923).

Daubert v. Merrell Dow Pharms., 509 U.S. 579 (1993).

3 See Fla. Stat. § 90.701 (2013).

4 Fla. Stat. § 90.702 (1976).

5 Fla. Stat. § 90.702 (2013).

6 Frye, 293 F. at 1014.

7 See Daubert, 509 U.S. at 594.

8 Id. 9 Id. at 592–93.

10 Id. at 593 (“Scientific methodology today is based on generating hypotheses and testing them to see if they can be falsified; indeed, this methodology is what distinguishes science from other fields of human inquiry.”) (citation omitted); see also C. Hempel, Philosophy of Natural Science 49 (1966) (“[T]he statements constituting a scientific explanation must be capable of empirical test.”); K. Popper, Conjectures and Refutations: The Growth of Scientific Knowledge 37 (5th ed. 1989) (“[T]he criterion of the scientific status of a theory is its falsifiability, or refutability, or testability”).

11 Id. at 593–94 (“Publication (which is but one element of peer review) is not a sine qua non of admissibility; it 1 2

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

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does not necessarily correlate with reliability, see S. Jasanoff, The Fifth Branch: Science Advisors as Policymakers 61–76 (1990), and in some instances well-grounded but innovative theories will not have been published, see Horrobin, The Philosophical Basis of Peer Review and the Suppression of Innovation 263 JAMA 1438 (1990). Some propositions, moreover, are too particular, too new, or of too limited interest to be published. But submission to the scrutiny of the scientific community is a component of ‘good science,’ in part because it increases the likelihood that substantive flaws in methodology will be detected. See J. Ziman, Reliable Knowledge: An Exploration of the Grounds for Belief in Science 130–133 (1978); Relman & Angell, How Good Is Peer Review? 321 New Eng.J.Med. 827 (1989). The fact of publication (or lack thereof ) in a peer reviewed journal thus will be a relevant, though not dispositive, consideration in assessing the scientific validity of a particular technique or methodology on which an opinion is premised.”).

12 Id. at 594 (citing, as examples, United States v. Smith, 869 F.2d 348, 353–54 (7th Cir. 1989) (surveying studies of the error rate of spectrographic voice identification technique) and United States v. Williams, 583 F.2d 1194, 1198 (2d Cir. 1978) (noting professional organizations’ standard governing spectrographic analysis).

13 Id. 14 Id. at 595 (citing Weinstein, 138 F.R.D. at 632).

15 But see, Florida Statute § 916.115. (The court may appoint its own expert to determine the mental condition of a defendant in a criminal case); and Fla.R.Crim.P. 3.211, 3.212, and 3.216.

16 Florida Statute § 90.704 as amended on July 1, 2013 provides: “The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence.

Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.”

Prior to July 1, 2013, section 90.704 provided: “The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence.”

17 Cf. Sinclair v. State, 995 So. 2d 552, 557 (Fla. 3d DCA 2008) (“[I]n the context of non-chemical identification of other controlled substances by qualified law enforcement personnel, ‘the credence and weight to be given [such] testimony remain[s] in the final analysis with the judge in its (sic) role as a finder of fact.’”) (alteration in original) (citation omitted).

18 In Williams v. State, 710 So. 2d 24 (Fla. 3d DCA 1998), the court stated, “We see no reason to reject evidence derived from a testing procedure simply because it is subject to error, since the burden is still on the State to provide a proper foundation by demonstrating the test was reliably administered by a qualified technician.” Id. at 34. This analysis fails to weigh the rate of error in the initial determination of admissibility.

19 See Fla. Statute § 316.1934(5) (2013). The breath test affidavit is not subject to Florida Statute § 90.803(8), but the statute is silent as to whether the breath test affidavit is subject to Florida Statute § 90.702.

Many people look forward to the new year for a new start on old habits.

407-733-3662

–Author Unknown

espiesq@aol.com

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theBriefs January 2015 Vol. 83 No. 1

Orange County Bar Association Election Notice Election of Officers and Members of the Executive Council of the OCBA The following positions are open for election: Vice President/President-Elect (1-year term) Treasurer (1-year term) Secretary (1-year term) Three (3) Executive Council Seats (3-year term) June 1, 2015 through May 31, 2018

• Election of Trustees of the Board of Trustees of the Legal Aid Society of the OCBA, Inc. The following positions are open for election: One (1) Board of Trustee Seat (3-year term) June 1, 2015 through May 31, 2018

• Election of At-Large Members of the Board of Directors of the Young Lawyers Section of the OCBA The following positions are open for election: Five (5) At-Large Board Member Seats (2-year term) June 1, 2015 through May 31, 2017

• Anyone interested in running for any of these positions should submit a written petition to the OCBA office, 880 N. Orange Ave., Orlando, FL 32801, signed by not less than five (5) members of the OCBA. Blank petitions are available at the OCBA office and on the website at www.orangeocuntybar.org.

• Petitions must be received no later than 5:00 p.m. on Friday, January 30, 2015.

• Petitions may be mailed or couriered to the OCBA at the above address.

Signed petitions also may be scanned and sent or faxed to the OCBA office.

(Send scan to: khomer@ocbanet.org; send fax to: 407-843-3470). Nominees must endorse their written acceptance on the petitions and may NOT accept nominations for more than one (1) office.

• No nomination for the office of Vice President/President-Elect shall be accepted unless the nominee has served on the Executive Council at least one (1) year.

• Thereafter, the nominating petitions will be canvassed and tabulated by the President and Secretary, who shall thereupon certify the names of all members who have been properly nominated.

• 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. Voting will begin on Monday, March 2, 2015. (A printed ballot will be sent only to members who do not have an email address.)

• Please update your BUSINESS EMAIL ADDRESS by February 3, 2015.

Go to the OCBA website, login, and go to “Edit your information.”

• Voted ballots must be cast ONLINE (or printed ballots received in the OCBA Office) no later than 5:00 p.m., Tuesday, March 31, 2015.

• If you need to update your BUSINESS EMAIL ADDRESS and do not have your login or password, please contact the membership department at karenf@ ocbanet.org, or the communications department at peggys@ocbanet.org.

Call: 407-422-4551.

www.patrickcrowell.com Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806 theBriefs January 2015 Vol. 83 No. 1

www.orangecountybar.org

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Appellate PracticeCommittee

S Nicola H. Popovich, Esq.

Applying and Appealing Rulings on the Stand Your Ground Law

ince 2005, when the legislature enacted sections 776.013 and 776.032 and amended sections 776.012 and 776.031 of the Florida Statutes – commonly known as the “stand your ground” law – courts have been charged with interpreting the law, determining its scope, applying it, and configuring procedural steps at the trial and appellate levels. Criminal attorneys and courts are well-advised to have a basic knowledge of the substantive and procedural laws of the stand your ground law, because the cases in which defendants raise the immunity and affirmative defense have increased since the law was codified, and such rise will likely continue.

The purpose of the stand your ground law is to allow the use of defensive force without a duty to retreat and provide immunity against prosecution and civil liability when such force is used,1 abrogating the common law duty to retreat when the castle doctrine is inapposite.2 In sum, the law broadens the scope of self-defense claims and immunities. In 2014, the legislature amended the law by adding language to clarify its application to the threatened use of defensive force under circumstances and in a manner that would be justifiable if defensive force had actually been used.3 Each justification for the use or threatened use of force applies to certain circumstances, and understanding which statute applies to the particular facts of a case could be the difference in successfully asserting or opposing immunity and defense claims. Multiple statutes may be asserted for the use or threatened use of defensive force when applicable. However, the law is not retroactive because of its substantive nature; consequently, it is inapplicable to a claimed use of defensive force that occurred prior to its effective date.4

There are three statutes under the stand your ground law that justify the use or threatened use of defensive force, and a single statute that provides immunity from criminal prosecution and civil liability when such force is used.5 The immunity precludes arrest, detainment, criminal charges, and prosecution.6 Careful attention is advised to determine which statute applies to a specific set of circumstances since the State may challenge a defendant’s erroneous defensive force claim via a petition for writ of certiorari if immunity is granted by the trial court.7 Pursuant to rule 9.100(c)(1) of the Florida Rules of Appellate Procedure, the State has thirty days to seek appellate review when it believes that a court erred.

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Section 776.012, Florida Statutes, applies to those who use or threaten to use force in self-defense or defense of another. It justifies a person’s use or threatened use of non-deadly force, without the duty to retreat, when he or she reasonably believes that such force is necessary for self-defense or defense of another against an aggressor’s imminent use of unlawful force. It also justifies a person’s use or threatened use of deadly force, without the duty to retreat, when the person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to his or her self or another or to prevent the imminent commission of a forcible felony, provided the person asserting the defense is not engaged in a criminal activity and was in a place where he or she has a right to be.8 Section 776.013, Florida Statutes, applies to a person who uses or threatens to use defensive force when attacked in his or her dwelling, residence, or vehicle. Presumptions exists, with several limitations, that an intruder who unlawfully and forcibly enters or attempts to enter such locations is doing so with the intent to commit an unlawful act involving force or violence, and that a person has a reasonable fear of imminent death or great bodily harm when an intruder enters or attempts to enter another’s dwelling, residence, or occupied vehicle, or has removed or attempts to remove a person therefrom against his or her will.

This statute justifies a person’s use or threatened use of defensive force, including deadly force when necessary and reasonable.9 Section 776.031, Florida Statutes, applies to those who use or threaten to use force in defense of personal property or real property other than a dwelling. It justifies a person’s use or threatened use of non-deadly force, without a duty to retreat, when he or she reasonably believes that such force is necessary to prevent or terminate another’s tortious or criminal interference with property legally in the person’s possession or custody or in the possession of an immediate or household family member. Deadly force may be justified when the person reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony, provided the person claiming the defense is not engaged in a criminal activity and is in a place where he or she has a right to be.10 The terms “deadly force” and “forcible felony” are defined under chapter 776, Florida Statutes. In short, deadly force is force that is likely to cause death or great bodily harm.11 Forcible felonies are

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specifically enumerated and broadly include any felony in which the use or threatened use of force or violence occurred against a person.12 In addition, courts have found the term “reasonably believes” to constitute an objective standard, based upon the perspective of a reasonable and prudent person situated in the same circumstances and having the same knowledge as the person claiming the justified use or threatened use of force.13 Courts consider the totality of the circumstances to determine whether a person was justified in his or her use of defensive force.14 The terms “unlawful force” and “criminal activity” have yet to be codified for purposes of the stand your ground law, and courts are thus left with the task of defining such terms when there is no precedence available for a specific set of factual circumstances. Courts are likewise charged with determining the meaning and scope of whether the person claiming the defensive force was “in a place where he or she had a right to be.” However, this phrase appears to be straight forward, encompassing situations whereby the person was in a public place, on his or her property, or in his or her vehicle, or on another’s property, or in another’s vehicle with implied or express permission.15 In order to assert immunity under the stand your ground law once formal charges are filed by the State, a defendant must file a motion to dismiss pursuant to rule 3.190(b) of the Florida Rules of Criminal Procedure, claiming immunity under section 776.032, Florida Statutes.16 The defendant should identify the applicable defense statute and allege facts showing that his or her use or threatened use of force was legally justified. The State may respond by

traverse within a reasonable time before an evidentiary hearing on the motion.17 The motion should be set for an evidentiary hearing at which the defendant has the burden of proof.18 The defendant must show the court, by a preponderance of the evidence, that his or her use or threatened use of force was justified under the law.19 The court is the fact-finder during this phase of the proceedings, and must decide the matter based upon the evidence presented and by weighing factual disputes.20 The court should not summarily deny the motion simply because factual disputes are alleged by the State in a traverse.21 If the court does so, the defendant may obtain relief by filing a petition for writ of mandamus in the appropriate higher court in order to compel an evidentiary hearing on the matter.22 Although there is no required time limit to file a petition for writ of mandamus under the Florida Rules of Appellate Procedure, it is recommended that the defendant file the petition within a reasonable time after the court summarily denies the motion, so as to have an efficient and orderly proceeding of the prosecution and to protect the defendant’s right to due process.

The defendant should also seek a stay of the proceedings while the petition is pending.

In the event the motion is granted after an evidentiary hearing, the State may seek review by filing a petition for writ of certiorari in the appropriate higher court within thirty days of the rendition of the non-final order.23 The standard of review for such writ is whether there was a departure from the essential requirements of the law, resulting in material injury that cannot be corrected after judgment is entered.24 If the court ultimately holds that the defendant established that he or she

was justified in his or her use or threatened use of defensive force, then the State is legally and procedurally barred from further prosecution.25 When a court denies the defendant’s motion following an evidentiary hearing, he or she may seek review by filing a petition for writ of prohibition in the appropriate appellate court,26 and should seek a stay of the proceedings while the petition is pending. The standard of review for such writ is whether the facts are supported by competent and substantial evidence, while conclusions of law are subject to de novo review.27 If the petition is denied on its merits, res judicata will bar re-litigation of the immunity claim on plenary appeal.28 Second tier review is available to the appropriate district court through a timely petition for writ of certiorari when a circuit court has acted in its appellate capacity.29 The standard of review for such writ is whether procedural due process was afforded and the correct law applied.30 If the defendant must proceed after the denial of immunity, then he or she may enter a plea reserving the right to appeal the matter, if not barred by res judicata, or raise the claim at trial as an affirmative defense.31 The question of the defendant’s alleged use of justifiable force is a factual one for the jury.32 Special attention should be given to jury instructions regarding the affirmative defense. Standard jury instructions exist, but such instructions should be modified with care and only when appropriate. Finally, a defendant who is convicted and sentenced may appeal the issues of immunity and the use or threatened use of justifiable defensive force on direct appeal.33 On appeal, conclusions of law are continued page 24

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

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schedule via: kschaffner@raileyharding.com or raileyharding.com/mediation theBriefs January 2015 Vol. 83 No. 1

www.orangecountybar.org

PAGE 13

2015 Liberty Bell Award Nominees Sought The Orange County Bar Association invites you to submit your nomination today for a person or organization in our community but 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 honoree will be awarded the Liberty Bell award at a ceremony held during the OCBA Law Week Luncheon on April 23, 2015. As you make your nomination, please consider those whose work meets the following criteria: ✰ Promoted a better understanding of the rule of law;

✰ Encouraged a greater respect for law and the courts; ✰ Stimulated a sense of civic responsibility; and, ✰ Contributed to good government within the community.

Please submit a one- to two-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: March 1, 2015.

Please mail or e-mail your nomination to Kim Homer, Executive Director, Orange County Bar Association, 880 North Orange Avenue, Orlando, FL 32801, or khomer@ocbanet.org.

For further information, contact Jonathan Stimler (jstimler@lseblaw. com) or Bart Vickers (bartley.Vickers@csklegal.com).

OCBA Major Seminars Save the Dates!

Public Meeting on the Future of Florida Courts Conducted by the Judicial Management Council Strategic Planning Workgroup of the Florida Supreme Court Thursday, January 8, 2015 Orange County Commission Chambers 201 S. Rosalind Avenue, Orlando, Florida 32801 Public Officials Forum: 3pm – 5pm General Public Forum: 5pm – 7pm The Strategic Planning Public Forum wants to know:

What are your thoughts about the state courts system?

In your opinion, what do you believe are the most important issues currently facing Florida courts?

All citizens and public officials with an interest in the functioning of the state courts are invited to speak or to submit written comments. All written and verbal comments become public record, which must be disclosed upon request.

If you wish to submit written comments, you may do so by sending an email to osca@flcourts.org, or you may mail comments to the Office of the State Courts Administrator, 500 S. Duval St, Tallahassee, Florida, 32399-1900 by March 16, 2015. Comments may also be submitted electronically through the online public comment forum at http://checkbox.flcourts.org/Public-Comment.aspx.

Persons with disabilities who need an accommodation to participate in this public meeting should contact Joanne Snair at 850-922-5618 or via email at snairj@flcourts.org as far in advance as possible, but preferably at least five working days before the date of the meeting. Persons who are deaf, hard of hearing, or have a speech impairment and use specialized telephone equipment are welcome to contact us through the Florida Relay Service, 7-1-1.

Jan. 24 – The Evolving Practice of Law: Always Advancing; Forever Adapting. Paralegal Section Winter Seminar. 8:00 a.m.-5:00 p.m., Embassy Suites, 115 E. Pine St., Orlando, FL 32801.

Registration details to come. Please see OCBA website calendar for updates.

UCF Mock Trial Team Regional Tournament

Judges Needed

Feb. 19 – Advanced Legal Drafting: How to Get the “Write” Result and Best Position Your Client to be the Appellee. Appellate Practice & Professionalism Committees Joint Major Seminar.

11:30 a.m.-5:00 p.m. OCBA Center. Speakers: Stacy Ford, Esq., Jamie Moses, Esq., Hon. Thomas Sculco, John Benford, Esq., Keshara Davis, Esq., Patti Savitz, Esq. CLE: 4.0 general (pending, including 1.0 ethics, pending) Cost: $35 for OCBA members; $50 for non-members. Register at the OCBA Store by February 12, 2015.

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February 7 & 8, 2015

33 Judges Needed Volunteer judges will receive CLE For details, contact Margarita Koblasz (mkoblasz@gmail.com) or David Moosmann (850-294-6435, moosmann@knights.ucf.edu).

The sign-up form is available at http://www.trialteamucf.com.

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theBriefs January 2015 Vol. 83 No. 1

Law Week2015

T Anthony F. Sos, Esq.

Nikki Rodeman, FRP

The Magna Carta: Symbol of Freedom Under Law Volunteer Today!

he OCBA has begun its Law Week calendar of activities and invites you to participate in one or more of the following activities: Liberty Bell Award – Nominate 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. For details, see the ad on page 14 in this issue of The Briefs.

Poster and Speech Contest – Letters have been send to Orange County schools, inviting students to participate in the annual Poster and Speech Contest. Get involved by asking your child’s teacher to participate in this great exercise in civics education, critical thinking, and creativity! The submission deadline is February 27. If you don’t have kids, consider judging the contest.

Contact Lisa Marcum (lmarcum@mtwlegal.com) or Phil Gordin (pgordin@gray-robinson.com) for more information.

Big Bad Wolf Mock Trials – Our committee is already lining up elementary schools to participate in the annual mock trials… but more help is needed. If you’d like to work with the committee, either reaching out to teachers directly or participating as hands-on “consultants” and judges in the schools, contact Andrew Roy, Esq. (aroy@ whww.com), or Jamie Blucher, Esq. (jblucher@ zkslawfirm.com), to find out how you can help!

DUI Mock Trials – Last year, we created a DUI Mock Trial video for middle and high school students. With lots of work, the committee and students from Timber Creek and Dr. Phillips high schools produced an awesome piece! We need volunteers to help deliver them to the schools, so this might be just the project for you! Contact Patti Savits, Esq. (psavitz@flabar.org), Keshara Davis, Esq. (kdavis@flabar.org), or Jessica Travis, Esq. (jessicatravispa@gmail.com) for details.

A Day in the Life of a Judge – Judge Heather Pinder Rodriguez and Tara Tedrow, Esq. (tara. tedrow@lowndes-law.com) are spearheading the move to bring youth into the courthouse and into the courtroom to learn about what it means to be a judge and discover the wide variety of career options available in the legal field. Contact Tara for details.

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Pathways in Law – This program reaches youth from the Parramore Kidz Zone and other youth groups in the community and promotes an understanding of the law, the consequences of breaking the law, and much, much more! For information about this outstanding activity, contact Esther Whitehead, Esq. (ewhiteheadlaw@gmail.com), John Starks, Jr. (Central Florida Paralegal Association), Judge Faye Allen, or Judge Steve Jewett.

Panel Discussion – Held at Barry Law School, this program brings together judges, attorneys, and law students in a themed presentation. For more information, contact Antoinette Plogstedt, Esq. (aplogstedt@outlook.com).

Naturalization Ceremony – Teresa Finer, Esq. (teresa.finer@lowndes-law.com) and Natalia Gove, Esq. (natalia.gove@lowndes-law.com) are again coordinating this heartwarming and moving event public event. To help with the planning, please contact them. I’m sure they’d be glad to speak with you!

NEW! Inaugural Law Day 5k! The OCBA plans to raise awareness of the bar and the great work of all its members – and raise money for the OCBA Foundation and the Legal Aid Society – all in one fun-filled morning! Everyone can participate; anyone can help! Volunteers are needed from everything from finalizing plans, securing sponsors and vendors, setting up on race day, and much more. For sponsorship details, contact Jerry Hanbery (jhanbery@invitationhomes.com); to register for the race, go the OCBA website homepage and click on the Law Day 5k logo! For general, non-sponsorship 5k questions, contact the race director by emailing ocbalawday5k@gmail.com.

If you’d like more information, feel free to contact one of the co-chairs: Tony Sos, Esq. (asos@ dwklaw.com), or Nikki Rodeman (legalese1972@ gmail.com).

Anthony F. Sos, Esq., Dellecker Wilson King McKenna Ruffier & Sos, LLP, has been a member of the OCBA since 2005. Nikki R. Rodeman, FRP, Cannon Law, has been a member of the OCBA since 2005.

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2015 FREE LUNCHTIME TRAININGS FOR PRO BONO ATTORNEYS Sponsored by Legal Aid Society of the Orange County Bar Assoc Held at Marks Street Senior Center, Orlando FL

January 13

GAL: A Whole New Dependency World: DCF Safety Methodology Changes Bethanie Barber

January 27

Landlord Tenant Issues Mike Resnick and Larri Thatcher

February 10

GAL: GAL 101 Stephanie Stewart and Tanika Patrick

February 24

GAL: Mental vs Behavior Health Treatment for Dependent Children Coravious Cowart

March 10

Medicaid Advocacy: Welcome to Managed Care Ed Dimayuga

March 24

GAL: Effective Advocacy for LGBTQ Youth in Dependency Sally McArthur

April 7

Chapter 751, Temporary Custody William A Davis and Cathy Tucker

April 21

GAL: Crossover Kids: The GAL’s Role in Advocating for Children with Delinquency and Dependency Involvement Kate York

May 5

DOM for Pro Bono Attorneys, Part 1 Angel Bello Billini

May 19

GAL: Interviewing Children with Developmental Disabilities Ericka Garcia and Abby Adkins

June 9

GAL: The ICPC Process: How to Navigate the Complex World of the Interstate Compact on the Placement of Children Kate York

June 23

GAL: Keeping Children Safe Act Certification for GALs Stephanie Stewart and Tanika Patrick

July 7

Defense to Debt Collection Mike Resnick and Jay Mobley

July 21

DOM for Pro Bono Attorneys Part 2 Angel Bello Billini

August 11

GAL: Effective Home Visits and Advocacy in Domestic Violence Dependency Cases Clarissa Maldonado and Hannah Farber

August 25

Representing Immigrant Victims of DV and Violent Crime Camila Pachon

September 8

Guardian Advocate for Pro Bono Attorneys Cathy Tucker and Pam Martini

September 22

GAL: Termination of Parental Rights A through Z Kavita Sookrajh

October 6

GAL: GAL 101 Coravious Cowart and Doris Mackey

October 20

Immigrant Relief Available for Immigrant Children Camila Pachon

November 3

GAL: Ethics Considerations in Dependency Court Stephanie Stewart and Ericka Garcia

November 17

GAL: Individualized Education Programs and Dependency Court Intersections Tenesia Hall

December 1

Sealing and Expungement of Records Larri Thatcher

December 15

GAL: Staffings 101 Kavita Sookrajh and Heather Thein

Designed by

For more information contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org.

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theBriefs January 2015 Vol. 83 No. 1

Legal Aid SocietyWhat We Do...

Surviving the Storm: A Foster Child’s Journey Towards Safety

I Kavita Sookrajh, Esq.

Susan Khoury, Esq.

f I could have given her the life she deserved, it would have been filled with trips to Disney World, 4th of July picnics by the lake, and sleepovers with girlfriends. Instead, at just eight years old, Lilly experienced poverty, neglect, and physical abuse as the result of her mother’s chronic substance abuse and unstable housing. In all respects, she was robbed of her childhood. One day, she left her home, not for a trip to Disney, but instead to begin her journey through the child welfare system.

Thankfully, amidst the darkness, there was light.

The court placed Lilly with her grandmother. It was as though she had been given a fairy godmother. With a wave of her wand, Lilly’s chaotic life became an idyllic one. She and her grandmother would bake and clean the house together.

Where there had been abuse and chaos, there was now affection and stability. It was the most family-like setting she could have ever dreamed of and she wanted it to last forever.

But as her grandmother got older and her health began to decline, she could no longer care for Lilly. Because Lilly’s mother had substantially complied with the case plan, a decision was made to reunify Lilly with her mother.

Lilly was fearful of whether the abuse she had suffered years before might occur again, but never in a million years did she envision what nightmare awaited her. Another incident of child abuse by the mother brought Lilly, now 15 years old, back into the dependency system for the second time.

Not only had she suffered further abuse upon reunification with her mother, but it was discovered that Lilly had become a victim of human trafficking while living with her mother.

I was appointed as Lilly’s Guardian ad Litem.

Through our many conversations, Lilly professed that she found refuge in the harbor of foster care and the child welfare system. Foster care is where she wanted to be above all other places. Foster care was home to her, and it provided the solace and comfort she had longed for during the majority of her life.

When Lilly came back into care the second time after having been sexually abused, she entered the system needing medical attention and extensive therapeutic intervention. She trusted no one and knew of no one she could turn to for solace. Most children find comfort in their parents and family, but those were not options for Lilly. She swore

theBriefs January 2015 Vol. 83 No. 1

that the only refuge she could secure was through the state’s child welfare system. As her Guardian ad Litem, I began to immediately advocate for the many services she needed. Her journey through the dependency system was long, daunting, and challenging – but she did not travel it alone. The Lilly I first met had low expectations of what life had to offer her. She approached life as if there were limitations on what she could achieve. But as her GAL, I concentrated on altering her outlook and showing her the many ways that together we could turn her life around.

As one would expect, having lived through what she had, certain challenges arose. Lilly entered a period of rebellion. She began running away from her foster care group homes and jeopardizing her safety by acting out in these group homes. As a result, her placements began to change regularly, which then affected her educational progress. I knew that immediate intervention was needed to change the path her life was on from one of danger to one of safety. I believed she needed guidance and structure, and we were able to locate a placement that addressed those needs. She began to engage in the therapeutic healing process needed to address the trauma she had bottled up inside as a result of being the victim of sexual abuse.

Lilly is currently taking full advantage of the treatment regimen available to her and working diligently on overcoming many other challenges someone in her position faces as she enters adulthood having come from the foster care system.

I think that many professionals who serve child victims in the dependency system are often queried about how difficult it must be to do this type of work day in and day out. Undoubtedly, it breaks your heart to see an innocent child suffer, but as GALs we are given the opportunity, with each and every appointment, to alter the path of a child’s life – an opportunity to take a horrendous situation and make it better. We become a child’s refuge in the storm his or her life has become.

I feel privileged to work every day with hundreds of local attorneys who also believe the same thing.

What I did for Lilly is what GALs across Orange County and across the state of Florida do every day. We ensure that children are placed in safe and fostering environments that protect them from abuse and neglect. We ensure that they receive critical health and mental health services.

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continued page 28

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Legal Aid SocietyGAL Teaching Tips

T Kavita Sookrajh, Esq.

Child Sexual Abuse – How GALs Can Reduce Trauma and Emotional Distress for Child Victims

hey say it takes a village to raise a child. For children who are victims of sexual abuse, the juvenile dependency court routinely looks to the Guardian ad Litem (GAL) for recommendations directed toward keeping the children safe.

The trauma and emotional distress a child endures as a victim of sexual abuse is one of the worst the dependency system can face. As a GAL Program staff attorney and former Children’s Legal Services attorney with the Department of Children and Families, I have handled hundreds of child sexual abuse cases over the course of my many years as a child advocate. The level of involvement a GAL should have with these types of cases is heightened both from a legal and psychological standpoint. A comprehensive, holistic approach for intervention and protection is always needed.

Florida Statutes Chapter 39 governs juvenile dependency cases. It contains a special provision in § 39.0139 pertaining to child sexual abuse cases.

The Keeping Children Safe Act offers a comprehensive array of protective provisions to child sexual abuse victims. This act requires that immediate, no-contact orders be entered against alleged sexual abusers. It not only provides for consultation with the child’s mental health professionals before no-contact orders can be lifted, but it also ensures continuous judicial review and intervention by the court to secure the child’s ongoing safety.

GALs serve as a safeguard to make sure that the provisions of the Keeping Children Safe Act are followed. Immediate advocacy for appropriate no-contact orders against the perpetrator of the abuse is of utmost importance. At the trial level, GALs participate in the proceedings as a party and, as such, can have a significant impact on what evidence the court considers when determining whether or not to grant the state’s dependency petition. The state can and often does move to terminate parental rights, as child sexual abuse is viewed as egregious abuse. There are various evidentiary tools the GAL can look to when consideration is being given to children testifying. The child does not always have to testify to the allegations in open court. The state can file a Child Hearsay Motion to get all the statements into evidence. The child may even be permitted to testify outside the presence of his or her parents at the hearings.

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Beyond the trial stage, GALs serve as an ongoing source of stability and strength for the child.

The GAL will become the person the child most readily turns to as he or she begins the process of healing. In addition to advocacy in court for protective orders, GALs should speak regularly to the child’s therapist to determine how the child is progressing. These conversations will enable the GAL to decide what recommendations to make to the court regarding placement, ongoing need for therapy, permanency plans, increased parental contact, and many more decisions before the court.

When GALs remain as a constant presence in the life of the child, it positively impacts the child’s ability to regain the ability to trust others. Once the sexual abuse threat is eliminated, focus should be on finalizing the court process and cultivating the child’s healing process. The child should ultimately be placed in a safe home environment, one that ensures the child will be protected and never face the perils of abuse. The GAL can also obtain court orders on placement and various other child welfare measures that may be warranted, such as continued therapy, mentoring, and medical care for the child.

If parental rights are terminated, the adoptive parents usually work in tandem with the GAL to promote the child’s fluid transition to a new home. Therapy should still be ongoing if recommended. The GAL should continue in a supportive role as the child moves toward a successful adoption, at which point the case can close and the GAL can be discharged.

For more information, please contact Kavita Sookrajh, Esq., at ksookrajh@legalaidocba.org, or 407-841-8310, ext. 3162. For more information about how to become a financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org, or 407-515-1850.

Kavita Sookrajh, Esq., GAL staff attorney at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2006.

theBriefs January 2015 Vol. 83 No. 1

OCBA October Luncheon

October 16, 2014 The Ballroom at Church Street Sponsored by BMO Harris Bank

George Sheldon, Esq.

Brant Bittner, OCBA Executive Director, 2003-2014 Jay Small, Esq.

Jeremy Springhart, Esq.

Krista Bartholomew, Esq. OCBA President, Nick Shannin, Esq., center

Brant Bittner, Nick Shannin, Esq., and OCBA staff.

Tom Bacchus BMO Harris Bank Paul SanGiovanni, Esq.

theBriefs January 2015 Vol. 83 No. 1

www.orangecountybar.org

Photos: Flo Boehm

PAGE 19

PAGE 20

www.orangecountybar.org

theBriefs January 2015 Vol. 83 No. 1

23rd Annual YLS Golf Tournament October 3, 2014 Ritz-Carlton Golf Club

YLS extends its deepest gratitude to the sponsors of the 23rd Annual YLS Golf Tournament!

Thank you to the players for your support and participation and to the Golf Tournament Committee for organizing an outstanding event. We raised more than $25,000 to support our charitable endeavors and we could not have done it without all of you!

Thank you again, sponsors!!!!

850-CALL-JOE Law Firm

Legal Realtime Reporting, Inc.

Advantacare

Legal Talent

Beusse Wolter Sanks & Maire, P.A.

LexisNexis

BMO Harris Bank

Orange County Bar Association

Cole, Scott & Kissane, P.A.

Orange Legal

D4

ProServe USA

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Ricoh

Discovery Litigation

Shannin Law Firm

Dixon Golf

Shutts & Bowen, LLP

DTI

Special Counsel

Embrace Home Loans

SunTrust Bank

Esquire Solutions

The Atcachunas Law Firm, P.A.

Ferrell Wealth Management

The Presentation Group

First Choice Reporting & Video Services

Umansky Law Firm

Infurna Law Firm

Ron Fleming Video Productions, Inc.

US Legal Support

Judge Bob LeBlanc

theBriefs January 2015 Vol. 83 No. 1

www.orangecountybar.org

PAGE 21

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PAGE 22

www.orangecountybar.org

theBriefs January 2015 Vol. 83 No. 1

YLS on the move

I

Chanel A. Mosley, Esq.

recently looked up the lyrics to the popular New Year’s Eve song, Auld Lang Syne, seeking to learn the true meaning of a song I’ve heard numerous times yet did not know the words. The original version was a Scottish folk song, believed to be written by Robert Burns, about old friends who part ways but later reunite and celebrate “the good old days.” Understandably, Auld Lang Syne is an appropriate melody for bidding farewell to the previous year and welcoming the new one. At the start of 2015, I’d like to remember and celebrate our friends, new and old, who have helped to make 2014 a memorable year. Let’s reminisce on “the good old days” while looking forward to what 2015 will bring. On behalf of the YLS, we wish every one of you a happy, healthy, and prosperous new year! We have a very exciting year in store for 2015!

Here’s a look at what we’ve been up to this past fall: On September 17, 2014, the YLS partnered with the Volusia County Bar Association’s Young Lawyers Division to participate in a beach clean-up at New Smyrna Beach.

Nearly two dozen volunteers came out for the clean-up to collect over 20 pounds of trash! Thank you to all who volunteered in helping make a positive impact on our environment, and congratulations to Christopher Byrd, Esq. , and his committee for making this such a successful event!

On October 3, 2014, the 23rd Annual YLS Charity Golf Tournament

took place at the Ritz-Carlton Golf Club. We had a record 164 players! The tournament included a breakfast and mimosa bar, contests at each hole, a silent auction, and even a mechanical bull! The tournament raised a record-breaking $25,000, much of which will be used to fund the YLS’ charitable endeavors throughout the year, including a college scholarship, school supply drive, mock trial competition, Relay for Life team, and many others. Congratulations to Michael Barber, Esq., Ryan Scordato, Esq., Keith Kanouse, Esq., Jerry Hanbery, Esq., Brett Renton, Esq., Amber Davis, Esq., and everyone on the tournament committee who volunteered countless hours and worked tirelessly to make this event wildly successful! Additionally, thank you to the more than 30 sponsors who made the event possible and a lot of fun as well! Take a look at the photos on pages 20 and 21. theBriefs January 2015 Vol. 83 No. 1

The October YLS luncheon took place on October 17, 2014 at The Citrus Club. Mayanne Downs, Esq., former president of The Florida Bar, the Orange County Bar Association, the Legal Aid Society of Orange County, and the Central Florida Association for Women Lawyers gave a wonderful presentation on the importance of mentoring in the law. Mayanne truly exemplifies the meaning of a strong leader and mentor, and we were very fortunate to have her as our speaker!

Many mentoring pairs from our YLS Law Student Mentoring Program were in attendance, and we were happy to have them all! Thank you to our luncheon sponsors who make our luncheons available to YLS members at such a reduced rate: Griffis & MacClary, Raymond James, and Smith Group Investigations, Inc.

The annual YLS Holiday Party was held on December 5, 2014 at Ceviche on Church Street in downtown Orlando. The party, which was open to YLS members and their guests, included an open bar and heavy hors d’oeuvres. Those attending brought an unwrapped toy for children who may have had to do without toys for the holidays.

Upcoming Events: The next YLS Luncheon will be held on January 23, 2015, at the Citrus Club beginning at 12:00 p.m. and ending at 1:00 p.m. Casual attire, including jeans, is acceptable and jackets are not required. For a wonderful three-course meal, the cost is only $10. Lunch is offered at a reduced price thanks to the wonderful help of our sponsors. Please be sure to RSVP through the OCBA Store at http://orangecountybar. org/ylsproducts if you are paying by credit

card, or at yls.ocba@gmail.com if you are paying by check or cash. A $5 late charge will be added for all RSVPs not received by January 21, 2015.

Please note that the YLS is charged for all RSVPs, so make sure that you notify us if you have made an RSVP but are unable to make it. We hope to see you at the luncheon!

If you are not receiving our weekly emails and would like to be added to the list, please contact Amy Rigdon at Amy.Rigdon@hklaw.com. And, stay connected with the YLS on social media!

You can “Like” us on Facebook at https://www. facebook.com/OCBAYoungLawyersSection and follow us on Instagram at @OCBAYLS to stay in the loop with all of the upcoming YLS events.

Chanel A. Mosley, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, P.C., has been a member of the OCBA since 2010.

www.orangecountybar.org

PAGE 23

Appellate Law Committee continued from page 13

reviewed de novo, while findings of facts are presumed correct and reversible only when unsupported by competent and substantial evidence.34 Nicola H. Popovich, Esq., of Popovich Law Firm, P.A. is an attorney who handles criminal and civil appeals statewide and in the U.S. Court of Appeal, Eleventh Circuit.

She recently joined the OCBA in July 2014.

Ch. 2005-27, §§ 1-4, Laws of Fla. E.g., Hill v. State, 143 So. 3d 981, 984 (Fla. 4th DCA 2014).

3 Ch. 2014-195, §§ 1, 3-6, Laws of Fla. 4 E.g., Smiley v. State, 966 So. 2d 330, 335-37 (Fla. 2007).

5 §§ 776.012, 776.013, 776.031, 776.032, Fla. Stat. (2014), respectively.

6 § 776.032(1), Fla. Stat. (2014).

7 See generally State v. Wonder, Nos. 4D121 2

4510, 4D12-4559, 2014 WL 3928449 (Fla. 4th DCA Aug. 13, 2014).

8 § 776.012, Fla. Stat. (2014).

9 § 776.013, Fla. Stat. (2014).

10 § 776.031, Fla. Stat. (2014).

11 § 776.06, Fla. Stat. (1999).

12 § 776.08, Fla. Stat. (1995).

13 E.g., Mobley v. State, 132 So. 3d 1160, 1164-65 (Fla. 3d DCA 2014)(citing Montanez v. State, 24 So. 3d 799, 803 (Fla. 2d DCA 2010)).

14 See, e.g., id. at 1165-67.

15 See Wonder, 2014 WL 3928449, at *1 (alleging use of defensive force in post office parking lot); State v. Vino, 100 So. 3d 716, 717-18 (Fla. 3d DCA 2012)(alleging use of defensive force in own yard); Hair v. State, 17 So. 3d 804, 805 (Fla. 1st DCA 2009)(alleging use of defensive force while passenger in friend’s vehicle).

16 E.g., Dennis v. State, 51 So. 3d 456, 462-64 (Fla. 2010)(approving Peterson v. State, 983 So. 2d 27 (Fla. 1st DCA 2008)).

17 See generally, e.g., id. at 458; see also Fla. R. Crim. P. 3.190(d).

18 E.g. Bretherick v. State, 135 So. 3d 337, 340 (Fla. 5th DCA 2013)(citing Dennis, 51 So. 3d at 460).

My Orlando Lawyer Directory

E.g., id.

E.g., Dennis, 51 So. 3d at 460 (citing Peterson, 983 So. 2d at 29).

21 See, e.g., id.

22 E.g., Legene v. State, 60 So. 3d 1154, 1154 (Fla. 5th DCA 2011)(citing Martinez v. State, 44 So. 3d 1219 (Fla. 1st DCA 2010)).

23 E.g., State v. Caamano, 105 So. 3d 18, 19 (Fla. 2d DCA 2012).

24 E.g., id. at 20.

25 See § 776.032(1), Fla. Stat. (2014).

26 E.g., Bretherick, 135 So. 3d at 339-340 (citations omitted).

27 E.g., id. at 338 (citing Mederos v. State, 102 So. 3d 7, 11 (Fla. 1st DCA 2012)).

19 20

Rice v. State, 90 So. 3d 929 (Fla. 1st DCA 2012).

29 See E.g., Micklos v. State, 137 So. 3d 1034, 1036 (Fla. 2d DCA 2014).

30 E.g., id.

31 E.g., Mederos, 102 So. 3d at 11.

32 E.g., Joseph v. State, 103 So. 3d 227, 230 (Fla. 4th DCA 2012).

33 See, e.g., Mocio v. State, 98 So. 3d 601, 604 (Fla. 2d DCA 2012).

34 Darling v. State, 81 So. 3d 574, 577 (Fla. 3d DCA 2012)(citations omitted).

28

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PAGE 24 www.orangecountybar.org

theBriefs January 2015 Vol. 83 No. 1

SideBar

Y

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

Sunny Lim Hillary, Esq.

GOAABA The Greater Orlando Asian American Bar Association (GOAABA), which was officially incorporated on October 19, 2009, hosted its 5-Year Anniversary Celebration on October 22, 2014, at 310 Lakeside in downtown Orlando. Attorneys and judges got together to enjoy complimentary appetizers and drink specials and toasted the growth that GOAABA has experienced over the years and the impact it has made on the legal and local communities. It was a great opportunity to catch up with old friends, make new friends, and network. Thank you to all who came out!

On October 30, 2014, for the second year in a row, GOAABA participated in Barry Law School’s Voluntary Bar Association Fair. This event featured voluntary bar associations in the area that have been instrumental in continuing the community and professional relationship between Barry Law students and local attorneys. GOAABA members met Barry Law students and shared information about GOAABA, how students can benefit from membership, and how they can take advantage of the value of voluntary bar associations as they embark on their professional careers.

On November 4, 2014, Kim Nguyen, Esq., and Denise Kim, Esq., together with Brice Aikens, Esq., Kafi Kennedy Swanson, Esq., and Marialle Bell, Esq., from the public defender’s office, spoke to high school students enrolled in the Elevate Orlando program at Oak Ridge High School. The students were very engaged in discussions about the Bill of Rights, the attorneys’ careers, and the importance of voting. GOAABA used a $500 grant received from The Florida Bar, Young Lawyers Division, Affiliate Outreach Conference to purchase Elevate Orlando t-shirts for the high school students to wear when they, in turn, do their outreach to elementary students! Thank you to Kim and Denise for attending, and to Kim for spearheading this successful community service project!

On November 19, 2014, GOAABA participated in the Annual Joint Voluntary Bar Association Happy Hour at Ember to benefit Second Harvest Food Bank and struggling families during the Thanksgiving holiday. Everyone enjoyed unlimited beer and wine, hors d’oeuvres, raffle prizes, and bushels of fun for a good cause! Thank you to the sponsors - Nater Law and US Legal Support.

GOAABA, together with the Young Lawyers Section of the Orange County Bar Association, the Hispanic Bar Association of Central Florida, and the Central

theBriefs January 2015 Vol. 83 No. 1

Florida Association for Women Lawyers will again be joining forces to co-host the 6th Annual Holi-

days All Year Long Happy Hour Fundraiser

on Tuesday, January 27, 2015, from 5:30 p.m. to 7:30 p.m. at KASA downtown. Last year, we raised a total of $7,866.30, which was divided among the four bar associations’ chosen charities. In addition to food and drink, there will be excellent raffle prizes!

We hope you will join us for this wonderful event and the great causes that benefit from your participation. If you are interested in joining the planning committee, please contact Denise Kim, Esq., at denisek8@gmail.com.

For more information about GOAABA, or to join, please contact Wanda Reas, president, at WReas@ znoskoreas.com, or check out www.goaaba.org.

FBA - Orlando Chapter The Federal Bar Association – Orlando Chapter is sponsoring District Court Boot Camp on Wednesday, January 14, 2015, from 8:30 a.m. to 1:00 p.m. at the George C. Young Federal Courthouse located at 401 West Central Boulevard, Orlando, Florida 32801. Four hours of Florida Bar CLE credit are pending. Federal court can be an intimidating place to practice. Lawyers must be familiar with not only the Federal Rules of Civil or Criminal Procedure, but also the Local Rules of the Middle District of Florida, as well as any courtroom rules established by the district and magistrate judges. Lawyers must also be competent with respect to e-filing documents and be aware of courtroom technology as they prepare for oral argument or trial.

Please join federal judges and courthouse staff for this primer on district court practice, with CLE sessions ranging from “Practicing Under the Local Rules” to “Courtroom Technology: Don’t Overlook its Value to Your Case.”

The registration fees are: FBA members – $35; nonmembers – $65; government employees – $25; and law students – $15. Registration includes a light breakfast and boxed lunch. To register, go to http:// districtcourtbootcamp.eventbrite.com. We hope to see you there!

Remember, SideBar is for you! Please send me announcements about upcoming or past events, seminars, awards, or other news of interest at sunny@ hillarylaw.com. We welcome photos, too! Be sure to ID photos with the name of the event and people in the pic!

Sunny Lim Hillary, Esq., Hillary, P.A., has been a member of the OCBA since 2005.

www.orangecountybar.org

PAGE 25

Special

B

Barry Law Trial Team Defeats Harvard, Georgetown to win National Championship

arry University School of Law’s Trial Team won first place at the Puerto Rico Trial Advocacy Competition (PRTAC), held October 30 - November 1 at the Interamerican University of Puerto Rico School of Law in San Juan, Puerto Rico.

Student advocates Amanda Dunn, Luis Herrera, James Smeriglio III, and Christina Figueroa represented Barry Law in the competition.

Barry Law received unanimous verdicts in every round of the competition, defeating Harvard Law School, Interamerican University of Puerto Rico, Suffolk Law, and Georgetown Law to win the championship. Luis Herrera received a perfect score and won Best Overall Advocate out of the 48 competitors.

“Barry Law’s trial teams have won nine national championships in the past seven years,” said Leticia M. Diaz, Esq., dean of the law school.

Dean Leticia M. Diaz, Esq., with Best Advocate Luis Herrera

“Clearly, they are among the nation’s elite student advocates. We are immensely proud of their success.”

The PRTAC, regarded as one of the most prestigious trial advocacy competitions in the United States, was hosted by the Interamerican University of Puerto Rico School of Law and its Trial Advocacy Association, and sponsored by the Puerto Rico Chapter of the Federal Bar Association, the Federal District Court for Puerto Rico, and the Federal Bankruptcy Court for Puerto Rico.

As winners of the competition, Barry Law’s team receives an automatic invitation for the American Bar Association/John Marshall Law School National Criminal Justice Trial Competition in Chicago, March 19-21, 2015.

About Barry University School of Law Established in 1999, the Barry University Dwayne O. Andreas School of Law in Orlando offers a quality legal education in a caring, diverse environment. A Catholic-oriented institution with a current enrollment of more than 780 students, Barry Law School challenges students to accept intellectual, personal, ethical, spiritual, and social responsibilities, and commits itself to assuring an atmosphere of religious freedom. Barry University School of Law is fully accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association, 321 North Clark Street Chicago, IL 60654, (312) 9886738. More information is at www. barry.edu/law.

Submitted by Paul E. Lefton, Director of Media Relations & Marketing, Barry University.

From left: Dean Diaz, Christina Figueroa, Amanda Dunn, James Smeriglio III, and Luis Herrera

PAGE 26 www.orangecountybar.org

theBriefs January 2015 Vol. 83 No. 1

Hearsay...

I

Christine A. Wasula, Esq.

am starting off 2015 with a lot of news from last year and a resolution to start submitting my Hearsay columns on time. I’m a firm believer in being punctual. (“Unfaithfulness in the keeping of an appointment is an act of clear dishonesty.

You may as well borrow a person’s money as his time.” – Horace Mann). However, one of my favorite quotes is from English writer Douglas Adams (The Hitchhiker’s Guide to the Galaxy), who once said: “I love deadlines. I like the whooshing sound they make as they fly by.” In both litigation and life, events often arise unexpectedly that wreak havoc with my daily to-do lists and my carefully planned schedules. Sometimes it’s the phone ringing when I’m dashing out the door.

Sometimes it’s my computer crashing when I’m in the middle of writing a really important piece of work and I haven’t saved for 20 minutes. When these events occur, I try to remember Murphy’s Law (“If anything can go wrong, it will.”) and to think of my kids (because they are very forgiving of such things). So my true resolution for 2015 is to do my best to be on time, but to stop beating myself up when unexpected events prevent that from happening.

That being said, the following individuals probably submit everything on time.

Attorney Victor E. Woodman, Esq., a shareholder at Winderweedle, Haines, Ward & Woodman, P.A., was honored for his more than 30 years of service as a director of the Attorneys’ Title Fund Services, LLC (The Fund) by the Ninth Judicial Circuit Court of Florida.

The award was presented at the 50th anniversary of The Fund Assembly, an annual conference focused on continuing education in the areas of residential and commercial real estate.

Several of our members have earned Florida Bar board certification, a designation that places them among the only group of Florida lawyers who are permitted to use the term “specialist,” “expert,” or “BCS” for Board Certified Specialist when referring to their legal credentials. (Which means that former OCBA president Tom Wert, Esq., is actually a board-certified attorney, and not merely a huge fan of the Bowl Championship Series).

These attorneys are: J. Scott Murphy, Esq., and Mark A. Nation, Esq. (Civil Trial); Charles R. Fawsett, Esq., and Chelsie J. Flynn, Esq. (Labor and Employment Law); Keersten Heskin Martinez, Esq. (Marital and Family Law); and Nancy S. Freeman, Esq., and Christine L. Weingart, Esq., (Tax Law). Congratulations on this outstanding accomplishment!

Christopher L. Carmody, Jr., Esq., shareholder in GrayRobinson, P.A.’s Orlando office, has been appointed regional vice president

theBriefs January 2015 Vol. 83 No. 1

of the University of Florida Alumni Association (UFAA). Chris will oversee Region 2 of Florida, which encompasses Charlotte, Lee, Highland, Sarasota, and Manatee counties. The nominating committee of the UFAA nominates six regional vice presidents each year to represent the six regions of the state of Florida. Only current and past presidents of chartered and active clubs are eligible for election as a regional vice president.

Chris is the immediate past president of the Central Florida Gator Club and previously served on the University of Florida Law Alumni Council.

Min Cho, Esq., a partner with Holland & Knight, LLP, has been elected to the American

Bar Association (ABA) Board of Governors, as one of its two young lawyer members-at-large.

The 38-member Board of Governors oversees the general operation of the ABA and develops specific plans of action. Min is the only current Board of Governors member from the state of Florida.

William E. Ruffier, Esq., a shareholder at Dellecker Wilson King McKenna Ruffier & Sos, was appointed to serve on the Medical

Malpractice subcommittee for the Board of Legal Specialization and Education, which allows board certification to Florida attorneys.

Two attorneys from Upchurch Watson White & Max Mediation Group are in the news this month. First, shareholder Richard Lord, Esq., was selected as co-chair of the American Bar Association Dispute Resolution Section Mediation Committee. Not to be outdone, shareholder Michelle Jernigan, Esq., now serves on the executive council of the Alternative Dispute Resolution Section of The Florida Bar and is the editor of the section’s newsletter, News & Tips.

J. Timothy Schulte, Esq., a shareholder at Zimmerman Kiser Sutcliffe, P.A., was ap-

pointed by Governor Rick Scott to the Ninth Judicial Circuit Nominating Commission. His term will run until July 1, 2018, and he succeeds Edward Storey III, Esq. (of Storey Law Group, P.A.). The nine-member commission is responsible for Orange and Osceola counties and is charged with reviewing judicial applications, conducting interviews, and making recommendations of potential candidates for the governor to consider when making appointments to state courts.

And last but certainly not least, Governor Scott has appointed James A. Edwards, Esq., to the Fifth District Court of Appeal. Jim, of Altamonte Springs, has been a shareholder with Zimmerman Kiser Sutcliffe, P.A. since 2011. He began his legal career as an attorney with Rumberger, Kirk, and Caldwell in 1979. Over the course

www.orangecountybar.org

continued page 29

PAGE 27

Legal Aid SocietyWhat We Do... continued from page 17

We know what services the law provides to dependent children, and we advocate for the full array of legal remedies and benefits the system offers. So many of the youth we work with are behind academically; we employ a full range of advocacy strategies to ensure the children excel in school and advance academically.

Lilly is a fighter. She is one of the survivors. She turned failing marks into grades worthy of being on the honor roll. As a result, college is now a priority for Lilly. Today she lives in a great group home where she thrives.

Lilly remains victorious through adversity. For her, like many children in foster care, life does not allow her to take the comforting baby steps most kids get to take from childhood into adulthood. Most kids enter the system having come from one storm only to face another, and they must quickly learn to survive. Lilly’s story is one of great success and worthy of admiration. Like so many of our foster youth, she is truly among the unsung heroes, the ones who survived the storm.

For more information, please contact Kavita Sookrajh, Esq., at ksookrajh@legalaidocba.org, or 407-841-8310, ext. 3162.

For more information about how to become a financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org, or 407-515-1850.

Kavita Sookrajh, Esq., GAL Staff Attorney at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2006. Susan Khoury, Esq., Guardian ad Litem Program Director at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 1988.

PAGE 28 www.orangecountybar.org

theBriefs January 2015 Vol. 83 No. 1

Hearsay continued from page 27

of his 35-year career, Jim has engaged in a statewide civil trial and appellate practice.

He served as chair of the Orange County Bar Association Professionalism Committee from 2010-2012. In 2006, he received the Outstanding Pro Bono Service Award

by The Florida Bar, and in 2013 he received the prestigious William Trickel, Jr. Professionalism Award from our very own Orange County Bar Association. Jim received his bachelor’s degree from Auburn University and his law degree from the University of Florida. He fills a position created by the 2014 Florida Legislature. Congratulations to Judge Edwards!

As always, please send your newsworthy items to communications manager, Peggy Storch, peggys@ocbanet.org, and you too can enjoy the pleasure of seeing your name in bold type. See you next month!

Christine A. Wasula, Esq., Law Offices of Tad Yates, P.A., has been a member of the OCBA since 2003.

Stetson University College of Law Inclusion Summit: Developing Cultural Competence February 6, 2014 8:30 a.m.-5:00 p.m.

The summit is a one-day event featuring national thought leaders sharing best practices in inclusion and cultural competence for individuals and organizations.

Registration: $299 Seating is limited.

Go to http://www.stetson.edu/law for program and registration details.

You are in business to deliver a valuable service.

Toot your own horn! The Briefs is the perfect forum to herald your message. OCBA advertising specialist Amanda Nethero stands ready to assist in your media investment.

Stetson University Great Hall and Mann Lounge 1401 61st Street South Gulfport, Florida 33707

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theBriefs January 2015 Vol. 83 No. 1

www.orangecountybar.org

PAGE 29

Falling in Line for Success!

Paralegal Boot Camp 2014

T

Lisa Marcum (President of the Paralegal Section) and Sandra Rivera

Hon. Julie O’Kane

Dan O’Malley, Bethany Gibson, and Jason Breslin (Messrs.

O’Malley and Breslin were two of the speakers, Bethany Gibson was the moderator for the event)

he Orange County Bar Association held its inaugural Paralegal Boot Camp this fall at the OCBA Center and Orange County Courthouse. Thirty-nine paralegals from local law firms and paralegal schools attended the twoday workshop.

On October 10, participants fell in for their “Tour of Duty” – a tour of the courthouse, including an opportunity to meet and hear from several judges and the clerk of courts, participate in a Q&A with judicial assistants, and speak with clerks in the various divisions. Participants appreciated the chance to have their questions answered in detail and learn practical information about each of the departments. The tour helped attendees find the link between the work they do in their offices or schools and the real-world workings of the court and its divisions.

On October 11, attendees got down to “Basic Training” and discussed professionalism and ethics, including a discussion about the unauthorized practice of law. In addition, they learned more about the appropriate use of social media as it relates to legal investigation and discussed with practitioners the importance of becoming a Florida Registered Paralegal.

Summing up the two days, and pointing out the benefits of the OCBA’s new program, one paralegal noted, “I’ve been in this profession for almost 20 years and still received some great and valuable information!”

We’d like to recognize and thank all of the presenters: The Hon. John M. Kest, the Hon. Wilfredo Martinez, the Hon. Julie O’Kane, Ninth Judicial Circuit; The Hon. Frederic Schott, Eighteenth Judicial Circuit; Eddie Fernández, former Clerk of Courts; Sharon Correa, Domestic Division; Lt. Robert Corriveau, Judicial Process Section; Diane Iacone, judicial assistant for Judge John Kest; Dee McClendon, judicial assistant for the Hon. Patricia Doherty; Lisa Shorten, judicial assistant for the Hon. Lisa Munyon; Seleena Singh, Criminal Division; Tiffany Sterling, Circuit Civil Division; Jason Breslin, Esq., de Beaubian Knight, et al.; David Cannella, Esq., Carlton Fields, P.A.; Mary Ann Etzler, Esq., Miller Etzler, P.A.; Kristopher Kest, Esq., Lowndes, Drosdick, et al.; Daniel O’Malley, Esq., Deborah Mitchell, Esq., and Lindsay Oyewale, Esq., de Beaubien Knight, et al.; Derrick Valkenburg, Esq., Shutts & Bowen, LLP; Margie Averill, FRP, Collins Brown Caldwell, et al.; Bethany Gibson, FRP, de Beaubien Knight, et al.; Lisa Marcum, FRP and Patricia McLeod, CLM, McDonald Toole Wiggins, P.A.

Sponsors: Generals Forensic Human Factors Upchurch Watson White & Max Mediation Group

PAGE 30 www.orangecountybar.org

Sergeants 1st Choice Reporting Bright House Networks Business Solutions D4 Orange Legal Toshiba US Legal Support

theBriefs January 2015 Vol. 83 No. 1

ParalegalPost

Shannon E. Casey

W

Benefits of an Unpaid Paralegal Internship

hen you graduate from the paralegal studies program at Valencia College or the University of Central Florida, what are your plans for landing your first entry-level position? Have you spent time joining local organizations and networking with other paralegals? After you land your first position, who will help provide you with guidance as you are asked to handle new and unfamiliar tasks and assignments? If you were a paralegal student who participated in an internship, you probably already know the answers to these questions; if not, read on.

Paralegal studies programs attempt to introduce students to the areas of law in which they could potentially work and expose them to the tasks for which attorneys routinely need assistance. As a paralegal student, I was taught that paralegals’ responsibilities vary drastically depending upon many factors and are largely dependent on the dynamics of the law firm. I had a difficult time imagining the tasks performed by a litigation paralegal on a daily basis. During my own internship, I completed assignments from the senior paralegal who supervised me. The paralegal was extremely busy and was not always able to immediately turn her attention to me in order to review my work and provide me with new assignments. It was during these times that I was able to sit in her office and quietly observe her while she worked. Interestingly enough, I watched her jump back and forth between a myriad of cases while she prepared court documents and electronically filed them, sent and received emails, made telephone calls, handled research assignments, prepared billable time entries, and much more. Being able to shadow her was an invaluable experience.

While I knew, in theory, that a paralegal could handle these tasks, the actual exposure to work outside of a classroom was paramount. Being provided an opportunity to observe a busy paralegal in a very large law firm enabled me to envision my own future career as a litigation paralegal.

But what if it had gone the other way? For example, a paralegal student might complete an internship at a small firm where the intern works with an attorney on a one-on-one basis, maintains the case filing, and handles other substantive duties. If an intern enjoyed the hands-on aspect of working in a small firm, it would be best to avoid submitting resumes to larger firms that may employ dedicated filing clerks and handle work assignments in a team setting rather than a one-on-one basis. An internship is truly an opportunity to sample the in-

theBriefs January 2015 Vol. 83 No. 1

dustry in which you have been groomed to work and make a conscious decision as to a future career path.

Securing an internship should be considered the first part of your career in the legal field rather than a final step in completing your education. Keep in mind that simply graduating from a paralegal studies program does not guarantee employment and that internships do not always materialize into fulltime jobs. The people you meet during your internship, however – whether they are legal secretaries, paralegals, attorneys, or firm administrators – will become your first professional contacts in the legal community. Developing and maintaining relationships with these people is crucial as most job opportunities are not advertised. When trying to fill a position, employers are more inclined to accept resumes and recommendations from those they trust at the firm. If you want to be recommended for a job opening, the only way to accomplish it is through networking. If you do not put yourself out into the legal community to network, the chances of someone recommending you for an entry-level job opening are slim to none. Also, completing an internship can open your eyes and introduce you to someone you had not yet realized that you need – a mentor. Even the most seasoned paralegals will encounter unfamiliar situations that may leave them stumped, but as a new paralegal, you may find this happening more often than not. (I know I do.)

Having a mentor to whom you can reach out for advice will become a treasured resource and provide you with peace of mind as you navigate your way through the early days of your career.

Taking on an internship may seem daunting, especially if it is unpaid and you have other commitments and obligations. Personally, I could not afford to scale back on work, and, as a result, ended up working 60-70 hours a week for months between my internship and full-time job. Although I was an unpaid intern, I was fortunate enough to secure a full-time position at the end of my internship. The time and dedication I put into my internship came back to me tenfold. I would encourage anyone who faces similar time constraints to get creative and figure out a way to work an internship into his or her schedule. Initially, it may seem intimidating, but now, a year later, I am sitting on the other side of the desk and can tell you that it has made all the difference.

Shannon E. Casey, a junior paralegal at Greenberg Traurig, P.A., has been a member of the OCBA since 2013.

www.orangecountybar.org

PAGE 31

New Members Regular

Kathleen E. MACMILLAN

Robert RUBIN

Law Student

Neil A. AMBEKAR

William C. MATTHEWS

Geoffrey D. SALANT

Andrew S. BALLENTINE

Vanessa A. BRAGA

Ryan P. MCGLYNN

Samantha A. SANFILIPPO

Nora CHIRINOS

Chelsey J. CLEMENTS

Jordan T. MEJEUR

Anjali SAREEN

Lauren DELLACONA

Melissa D. CROWLEY

Tiffany MOORE RUSSELL

Allyson F. SKILES

Felipe MAVROMATIS

LaKesia R. MOSLEY

Jennifer E. SMITH

Izi PINHO

Amanda R. MURPHY

Melissa T. STRASSNER

Joel SHANK

Matthew C. NEFF

Michael J. TEEVIN

Jonathan H. NEYER

Charlyne O. TOPIOL

Paralegal Student

Robert J. OGLESBY

Ana C. TORRES

Stephanie M. PALACIOS

Maria BROWN

Taylor A. TRIBOU

Christopher R. PARKINSON

Thomas L. CULLENS

John P. WALLACE

Susan R. PETERS

Sayonara GONZALEZ

Aisha WHITE

Marie M. PRIEBE

Ismalee GOTAY MOYA

Tracy A. ZANCO

Cynthia J. PYLES

Ashley HOWARD-GLOVER

Patrick M. ZURITA

Stephen F. PYLES

Nicole LALIBERTE

Associate

Rhorie MEAD

Coral V. BELTRAN

Jennifer MERGAL

Rhonda REAVES

Bridgette POW WILLIAMS

Affiliate

Tiffany ROMANOWSKI

Brandon F. DARK James E. FAVERO III Hallie B. FISHER David A. FRY Scott R. FOSSKILBURN Carolyn L. GACHET Sasha GARCIA Luis R. GUZMAN Brock A. HANKINS Kristen N. HAWES Daniel A. HERNANDEZ Dennise F. HERNANDEZ GRUBER

Rihana D. QUASHIE Nicholas RAVINET

Holly HOWARD

Jessica S. REDMAN

Seth A. HYMAN

Stephanie N. RENSCH

John M. KELLY

Lauren M. REYNOLDS

Rick KOLODINSKY

Benjamin J. ROBINSON

Gabriel LOZANO

Jenniza ROSADO

Marlene ALONSO

Frankie Jo SEXTON

Gladys L. SALICRUP Ashley N. WAISANEN

The first person to correctly identify all of the musical references in this month’s President’s Message will win a prize! Contact Nick Shannin at nshannin@shanninlaw.com.

We will open the book.

Its pages are blank.

We are going to put words on them ourselves. The book is called Opportunity and its first chapter is New Year’s Day. ~Edith Lovejoy Pierce

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

PAGE 32 www.orangecountybar.org

theBriefs January 2015 Vol. 83 No. 1

PhotoOps

South Atlantic Regional Moot Court Tournament – UCF Moot Court Team 2014-2015

T

he 2014 South Atlantic Regional Moot Court Tournament, hosted at the University of Central Florida, brought in nearly 100 highly talented competitors. Teams flew to Orlando from various parts of the United States, all with an eye for one thing – a spot in nationals. All of the competitors put in substantial time and energy in preparation for this tournament, which showed throughout the two-day competition. Regardless of placement, all did a tremendous job. Ultimately though, the competition came down to two teams, Logan Kirkpatrick and Maura Smyles from Duke University, and Emanuel Waddell and Rodje Malcolm from Morehouse College. Both of these teams were highly regarded, but in the end only one could win. This year’s tournament winners were the competitors from Morehouse College.

Photo: Jason Fiesta, Moot Court Coach

While the competition is in essence about the arguments that the competitors present, it would be nothing without the help and support of attorneys and local law students who gave their time to step in as judges for the competition. There is a lot of preparation that these individuals have to do in order to be an effective judge. Their time and effort to help make this tournament successful is greatly appreciated. A special thank you goes to the Orange County Bar Association and the local attorneys for their continual support of this event. Additionally, a thank you goes to the distinguished panel of final round judges, Professor Leonard Birdsong, the Honorable Paul Byron, tournament sponsor Ron Gilbert, the Honorable Marc Lubet, and the Honorable Leticia Marques for their willingness to help and their overall dedication to this year’s tournament.

Submitted by Cynthia G. Schmidt, Esq., Team Head Coach and Director for Law and Policy, UCF Legal Studies Program, and Rebecca Miller, student assistant, UCF Legal Studies Program.

The Hon. Vincent G. Torpy J. Scott Kirk, Esq.

ABOTA The Central Florida Chapter of the American Board of Trial Advocates (ABOTA) held its annual Judicial Luncheon on November 6, 2014, during which it recognized and honored the Fifth District Court of Appeal judge, the Hon. Vincent G. Torpy, as Jurist of the Year and J. Scott Kirk, Esq., of Rumberger, Kirk & Caldwell, as Defense Trial Lawyer of the Year.

ABOTA is a unique group composed equally of plaintiff and defense trial lawyers with the goals of preserving the right to jury trial, promoting the art of advocacy, and enhancing professionalism and civility.

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The Hon. Vincent G. Torpy with Central Florida ABOTA President John Alpizar, Esq. of Brevard County

www.orangecountybar.org

Central Florida ABOTA President John Alpizar, Esq., J. Scott Kirk, Esq.

PAGE 33

Rainmaking

I Michael Hammond, Esq.

How Do You Eat an Elephant? Part 2

n Part 1 of this article, we concluded that in order to achieve the large, long-term annual goal of generating more business, you had to break that goal down into the smaller, more incremental short-term goal of contacting more referral sources more consistently throughout the year. By using this approach we were able to determine how much of the elephant you could eat in a month.

How much of the elephant can you eat in a week?

Now, just as the annual goal from the marketing plan about cultivating referral sources had to be divided into monthly goals, with 12 existing and potential referral sources to be contacted each month, the monthly goals will also have to be broken down into weekly goals to ensure that they are achieved in a timely and effective manner as well. The monthly goal of 12 referral source contacts can now be divided up and scheduled as three marketing contacts per week and this weekly goal could be achieved in a variety of ways, including meeting a contact for coffee, inviting him or her to lunch, or getting together after work if that’s more convenient.

An average of three contacts per week with referral sources will have to be made in order to achieve the monthly goal and ultimately the annual goal.

Three contacts per week will result in between 100 and 150 marketing contacts per year which should, in turn, result in significant progress in achieving the annual goal from the marketing plan of generating more business from existing and prospective referral sources.

Enjoy the elephant.

While lunches tend to be the most popular marketing activity (everybody has to eat lunch, right?), they don’t have to be the sole activity you rely on for meeting with your contacts. In planning your marketing contacts, make sure that you take into account your own interests, hobbies, passions, and causes you believe in. In order for you to look forward to these activities, they should involve something you enjoy doing as much as possible, otherwise marketing will just become something you dread and a lot less likely to get done as a result. So, if you enjoy cooking, for example, maybe you invite a valued referral source and spouse to your home where you cook dinner for them. Or if you’re passionate about a sport and discover that one of your contacts is too, get tickets and invite him or her to go with you to the next game.

PAGE 34 www.orangecountybar.org

The key to becoming a successful rainmaker is to find your way of marketing – an approach to it that fits you and that you’re comfortable doing.

This approach will not only keep you in action and marketing consistently, it will also ensure that you build and enhance relationships in a truly genuine and authentic manner. After all, building relationships is the cornerstone of all referralbased marketing.

You eat the elephant one bite at a time.

In the final analysis, being in action matters more than anything else. Being in action is more important than planning, and a written plan is much more likely to be acted upon than those that are not. But even the “big picture” annual goals of a written plan will never be realized unless they, in turn, are broken down into achievable monthly and then weekly goals. Blocking time for marketing contacts three times a week and actually scheduling the time and making the commitment to be in action marketing to your contacts on those days, at those times, week after week, month after month, is how you achieve big, ambitious goals for the growth of your practice. You eat the elephant by taking one bite, one action at a time in a very intentional way, consistently over time.

Effective short-term planning leads to achieving long-term marketing goals. While strategic thinking must precede action, it will be the real-world actions taken day in and day out that will ultimately result in more business. To quote Churchill one last time: “However beautiful the strategy, you should occasionally look at the results.” To market yourself with authenticity, do what you enjoy or believe in passionately, share it with others in a genuine way, and the business will follow. Marketing is really a numbers game and you win the game by staying in action, achieving goals, and producing results. Remember, you’re either a rainmaker or you serve someone else who is – so why not be a rainmaker?

Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.

theBriefs January 2015 Vol. 83 No. 1

Associate

Speaker: Julie Jo Adams, Esq. CLE: 1.0. Cost: Free, but registration is required by January 19, 2015 at the OCBA Store.

Jan. 24 – The Evolving Practice of Law: Always Advancing; Forever Adapting. Paralegal Section Winter Seminar. 8:00 a.m.-5:00 p.m., Embassy Suites, 115 E. Pine St., Orlando, FL 32801. Registration details to come.

Lauren L. Millcarek, Esq. – Holland & Knight, LLP Leigh Anne Miller, Esq. – Fisher Rushmer, P.A. Michael J. Teevin, Esq. – Holland & Knight, LLP

Partner Matthew P. Ferry, Esq. – Lindsey & Ferry, P.A.

Of Counsel Harold E. Morlan, II, Esq. – Fisher Rushmer, P.A.

Speaking Engagements Christopher E. Brown, Esq., and Lance O. Leider, Esq., The Health Law Firm, provided a seminar to Florida Hospital family medicine residents and medical students in October at Florida Hospital East Orlando. This presentation gave residents and students an overview of Florida licensure regulations and disciplinary proceedings.

Richard B. Webber II, Esq., shareholder with the law firm of Zimmerman Kiser Sutcliffe, P.A., recently was a featured speaker on the topic of Auto Injury Litigation From Start to Finish for the National Business Institute in September 2014. The presentation, designed for attorneys, provided CLE credit and covered a variety of legal topics, including case intake, insurance issues, initial filing and discovery, damages, liens, subrogation, bad faith, and mediation strategies. Webber’s talk centered on ethics in auto injury litigation.

Events Jan. 28 – Winter Wine & Cheese Social. Proceeds benefit the OCBA Foundation. 5:30 p.m.-8:30 p.m. Winter Park Farmer’s Market, 200 W. New England Ave., Winter Park, FL 32789. Cost: $15, which includes wine tasting, craft beers, and appetizers.

Feb. 7 – Third Annual Cars & Coffee Social. 10:00 a.m.-12:00 p.m. University Club, 150 E. Central Blvd., Orlando, FL 32801. Refreshments, Classic Rock DJ. The event is free, but registration is required at the OCBA Store.

Seminars Jan. 8 – The Order: Assuring You Get What You Wanted. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Room. CLE: 1.5. Please feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org or 407-836-0443.

Jan. 9 – What You Need to Know about Orange County Veteran’s Court Program. Criminal Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0. Speaker: Hon. Jerry Brewer.

Cost: free, but registration is required by January 7, 2015 at the OCBA Store.

Jan. 13 – GAL: A Whole New Dependency World. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Jan. 16 – Tax Consequences in Divorce. Family Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Lee Anne Acosta, CPA. CLE: 1.0. Cost: Free, but registration is required by January 14, 2015 at the OCBA Store.

Jan. 21 – Avoiding Guardianship: What, Why, and How. Elder Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center.

Jan. 27 – Landlord Tenant Issues. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Jan. 27 – Fraud, Ethics & the Forensic Accountant’s Toolbox.

Solo & Small Firm Committee Seminar. 12:00 p.m.-1:00 p.m.

OCBA Center. Speaker: Michael McGovern, CPA. CLE: 1.0 pending (including 1.0 ethics). Cost: Free for OCBA members; $15 for nonmembers. Sponsored by Matson, Driscoll & Damico, LLP. Registration deadline: January 23, 2015. Register at the OCBA Store.

Jan. 28 – TBA. Intellectual Property Seminar. For details, contact chair, Kevin W. Wimberly, Esq. (kwimberly@iplawfl.com), or co-chair, Cian O’Brien, Esq. (cobrien@iplawfl.com).

Jan. 30 – Discharging Tax Debts in Bankruptcy. Bankruptcy Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: R. Lawrence Heinkel, Esq., ID, LLM. CLE: 1.0. Cost: Free, but registration is required at the OCBA Store by January 28, 2015.

Feb. 10 – GAL 101. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m.

Marks St. Senior Center, 99 E. Marks St., Orlando, FL, 32803. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 11 – Microsoft Excel Essentials. Technology Committee Live Webinar. 12:00 p.m.-1:00 p.m. CLE: 1.0. Cost: $25 for OCBA members; $35 for non-members. Register at the OCBA Store by February 10, 2015.

Feb. 12 – Offering and Using Exhibits and Demonstrative Aids at Trial and Hearings. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Conf. Rm. CLE: 1.5. Please feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc. org or 407-836-0443.

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

Feb. 19 – Advanced Legal Drafting: How to Get the “Write” Result and Best Position Your Client to be the Appellee. Appellate Practice & Professionalism Committees Joint Major Seminar.

11:30 a.m.-5:00 p.m. OCBA Center. Speakers: Stacy Ford, Esq., Jamie Moses, Esq., Hon. Thomas Sculco, John Benford, Esq., Keshara Davis, Esq., Patti Savitz, Esq. CLE: 4.0 general (pending, including 1.0 ethics, pending) Cost: $35 for OCBA members; $50 for non-members. Register at the OCBA Store by February 12, 2015.

Feb. 20 – TBA. Family Law Seminar. 12:00 p.m-1:00 p.m. OCBA Center. CLE: 1.0 (pending).

Feb. 24 – GAL: Mental v. Behavior Health Treatment for Dependent Children. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

An no u n ce ments

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www.orangecountybar.org

PAGE 35

CLASSIFIED ADS EMPLOYMENT FASSETT ANTHONY & TAYLOR P.A., Orlando: Seek-

ing attorney with 3-6 years of real estate transactional experience. Email resume to jtaylor@ fassettlaw.com.

Seeking laterals, solos and associates interested

in building a new partnership model focused on creativity, responsibility and teamwork.

Primary areas of need: real estate, corporate, immigration, family, estate planning, jury trials.

Inquire discreetly: ANewKindOfFirm@gmail.com.

Rissman, Barrett, Hurt, Donahue and McLain, P.A. seeks associate attorneys for

its Orlando, Fort Lauderdale and Tampa offices. The Orlando office is accepting applications for a first year attorney and an attorney with greater than three years of experience. Orlando office applicants send resume to richard. womble@rissman.com. The Fort

Lauderdale office is looking to hire an associate attorney with up to five years of experience. Fort Lauderdale applicants send resume to karissa.owens@rissman. com. The Tampa office is looking to hire an associate attorney with up to three years of experience.

Tampa applicants send resume to richard.mangan@rissman.com.

All responses to be treated with confidentiality.

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

Drive. 6 offices, break room and reception area. Call 407-2478756 or david@yergeylaw.com.

Free standing office building for lease,

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

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

1,200 SF Office, block from courthouse, reserved

parking, 407.422.4466 see photos https://www.flickr.com/ photos/129688576@N05/ sets/72157649173792027/

OFFICE SPACE SHARED Winter Park law firm near

Park Avenue has 2 window offices and work stations for sublet, with plentiful parking and access to kitchen & conference rooms. Call 407-647-5551.

DOWNTOWN OSCEOLA BUILDING/ SPACE FOR LEASE: Office space from 150

sq. ft. to over 1,000 sq. ft. available in Osceola, just a half block from the Osceola Courthouse.

Newly remodeled building with utilities, internet, and alarm included. Contact Nelson at 321-438-5694.

OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown

Orlando. Easily accessible with free parking. Conference and

kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 8984848.

Downtown Orlando Boutique Offices for Rent: 2 large furnished offices

and secretarial bays located on the 2nd floor of an established law practice. Reception area and conference room access, 1 parking space per office included.

Location: 203 E. Livingston Street; within one block of the Courthouse. Please call 407426-9300 or email mcarr@ carrlawpa.com.

PROFESSIONAL SERVICES Mediate in Downtown Winter Park. Certified

Circuit Court Mediator with 25 years of civil litigation experience in warranty, products liability, personal injury, and premises liability matters. Spacious office

with plentiful parking. W. Scott Powell at 407-647-5551.

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.

Adoption, Surrogacy and Family Law Firm, P.A. Alladi & Patel Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Banker Lopez Gassler P.A. Benitez Law Group, P.L. Beshara, P.A. Billings, Morgan & Boatwright, LLC Bodiford Law Group Bonus McCabe Law Firm Bull and Associates, P.A. Burr & Forman Calandrino Law Firm, P.A. Camy B. Schwam Wilcox, P.A. Carr Law Firm, P.A. Chaires, Brooderson & Guerrero, P.L. Cole, Scott & Kissane, P.A. Colling Gilbert Wright & Carter, LLC Cullen & Hemphill, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Dewitt Law Firm Faddis & Faddis, P.A. Fassett, Anthony & Taylor, P.A

Fishback, Dominick, Bennett, Ardaman, Ahlers, Langley & Geller, LLP Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A. Frank A. Hamner, P.A. Frank Family Law Practice Giles & Robinson, P.A. Grossman & Grossman P.A. Harris, Harris, Bauerle & Sharma Higley & Szabo, P.A. Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. James H. Monroe, P.A. 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 Tad Yates, P.A. Law Offices of Walter F. Benenati Lawyer Today.Com Legal Aid Society of OCBA Lewis & Crichton Lynn B. Aust, P.L. Marcus & Myers, P.A.

PAGE 36

Marshall, Dennehey, Wamer, Coleman & Goggin McDonald Toole Wiggins, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Men’s Divorce Law Firm Mooney Colvin, P.L. Morgan, White-Davis & Martinez, P.A. Murrah, Doyle & Wigle, P.A. N. Diane Holmes, P.A. Neduchal & Magee, P.A. Nishad Khan, P.L. O’Mara Law Group Ossinsky & Cathcart, P.A. Palumbo & Bertrand, P.A. Pierce & Associates, P.L. Provencher & Simmons, P.A. Ringer Henry Buckley & Seacord, P.A. Sawyer & Sawyer, P.A. SeifertMiller, LLC Snure & Ponall, P.A. Southern Trial Counsel Stanton & Gasdick, P.A. Stovash, Case & Tingley

www.orangecountybar.org

Swann Hadley Stump Dietrich & Spears, P.A. Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Johnston Law Firm The Law Offices of Terry Bledsoe The Llabona Law Group The Marks Law Firm The Skambis Law Firm The Smith Family Law Firm, P.A. Walton Lantaff Schroeder & Carson, LLP Warner & Warner, P.L. West, Green & Associates, P.L. Wicker, Smith, O’Hara, et al.

Wieland, Hilado & DeLattre, P.A. William G. Osborne, P.A. Wilson McCoy, P.A. Winderweedle, Haines, et al.

Wolf, Hill, McFarlin & Herron, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

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We proudly congratulate

The Orange County Bar Association is pleased to provide you with a list of 2015 Preferred Vendors – a variety of businesses that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.

JAMES A. EDWARDS on his recent appointment to the

Fifth District Court of Appeals ZKS applauds Jim’s dedication to the practice of law, his community and our �irm.

We are proud to wish him well as JĚĉČĊ of the Fifth District Court of Appeals.

•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 3905, Avon, CO 81620 • 970-331-6491 • trinitycathy@yahoo.com THELAW.TV Free welcome video for your firm from the nation’s leader in web videos for lawyers.

Corey Saban• 1401 Forum Way, Ste. 730, West Palm Beach, FL 33401• 561-626-9809 • csaban@thelaw.tv

•Banking•

BMO | Harris Bank Strength and Stability in Banking Tom Bacchus • 2250 North Orange Blossom Trail Orlando, Fl. 32804 • 407-529-2004 • Tom.Bacchus@bmo.com

•Legal Support Services•

ARCpoint Labs of Altamonte Springs, East Orlando and West Orlando We provide testing services to the legal community: drug, alcohol, DNA, substance identification and more.

Dee Carlson • 270 Northlake Blvd, Suite 1004, Altamonte Springs, FL 32701 • 407-951-7575 dcarlson@arcpointlabs.com 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 Computer Station Digital Presentation equipment, software, custom solutions and professional training.

Onsite demonstrations available at no charge.

Patrick Walsh • 3101 Maltby Drive, Deltona, FL 32738 • 407-332-9910 ext. 115 • pat@csorlando.com Westlaw, a Thomson Reuters business Westlaw, Legal Products and Services Charles Kiester • 321-356-5350 • charlie.kiester@thomsonreuters.com

���.����������.��� �������, F������ (407) 425‐7010

•Miscellaneous•

Pearson’s Catering Corporate and Personal Catering Services, Gift Baskets, and more Dan Shier • 627 Brookhaven Dr. Orlando, FL 32803 • 407-235-0774 • dan@pearsonscatering.com

•Pratice Management•

MyCase The premier all-in-one web-based legal practice management software.

Stephanie Phelan, Marketing Manager • 50 Castilian Dr., Goleta, CA 93117 • 805-364-5727 stephanie.phelan@mycase.com

•Professional Services•

Cresa Orlando The Tenant’s Advantage Cresa, established 1989, advises commercial tenants exclusively – no landlords, thus completely objective and conflict-free.

Craig Castor • 221 NE Ivanhoe Boulevard, Ste. 330, Orlando, FL 32804 • 407-409-8690 • ccastor@cresa.com Dytech Group Computer Networking “Our Business lets you Focus on Your Business” Randy Centrella • 5728 Major Blvd., Ste. 309, Orlando, FL 32819 • 407-678-8300 • Sales@Dytech.com Insurance Office of America Independent Insurance Agency with specialization in Professional Liability, Property and Casualty Insurance, and Employee Benefits.

Davis Helbsy • 1855 West State Road 434, Longwood, FL 32750 • 407-782-2642 • davis.helsby@ioausa.com InterNetwork IT Everything IT for Your Company. Let us worry about your IT so you don’t have to.

Adam Alexander • 109 B James Ave. Orlando, FL 32801 • 321-300-6383 • Adam@InterNetworkIT.com Retriever Payment Systems Credit Card Processing Tailored to Attorneys. Multiple Solutions. Local Support.

Special Pricing for Members.

Renee Krieger • 52 Riley Rd., Ste. 370, Celebration, FL 34747 • 321-251-6693 • Renee@LocalCCprocessing.com

The business listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA)

Saturday February 7, 2015 10am – Noon The University Club 150 East Central Blvd.

Orlando, FL 32801 Sponsored by:

Rumberger, Kirk & Caldwell US Legal Support Professional Litigation Support

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

OCBA Foundation, Inc.

(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 January 2015 Vol. 83 No. 1

www.orangecountybar.org

PAGE 37

S AV E

THE

D AT E

FAMU Law School 201 Beggs Avenue Orlando, Florida 32801 Saturday, January 31, 2015 11 AM – 4 PM Free Admission – Families Welcome Join local bar associations & sponsoring law firms welcoming students from Florida’s 11 law schools to the Central Florida Legal Community Booth and sponsorships available Mentors Requested • Sign up before, during & after event For more Information go to: cfldvmentorproject.org or contact: Susan W. Fox at: susanfox@flappeal.com Jennifer Ngoie at: jngoie4@gmail.com

Insur ance Cover age and Bad Faith We represent individual and corporate policyholders in disputes with insurance companies.

For more information about our practice, please visit our website at

www.vpl-law.com

or call us at 407.380.9312

Capital Plaza Two 301 East Pine Street, Suite 790 Orlando, Florida 32801

Helping businesses and individuals in coverage and bad faith disputes with their insurance companies since 1995.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

PAGE 38 www.orangecountybar.org

theBriefs January 2015 Vol. 83 No. 1

Upchurch Watson White & Max Mediation Group welcomes mediator / arbitrator

Lawrence Kolin

to its distinguished panel of neutrals. » »

Lawrence H. Kolin lkolin@uww-adr.com

» »

Mediating complex cases in state, federal and appellate courts since 2001.

Civil trial attorney for 20 years in torts and commercial litigation, representing plaintiff and defense from “PI to IP.” Served as circuit court general magistrate.

Rated AV Preeminent® by Martindale-Hubbell and Superb “10” by AVVO.

MEDIATION | ARBITRATION | E-DISCOVERY | SPECIAL MASTERS Successfully Resolving Conflicts in Florida, Alabama & Nationwide Since 1988

CALL TOLL FREE: 800-863-1462 | READ MORE & SCHEDULE: WWW.UWW-ADR.COM linkedin.com/company/upchurch-watson-white-&-max

www.facebook.com/UWWMMediation

@UWWMmediation

We are pleased to announce the addition of

LAKESIA R. MOSLEY, ESQ.

As Of Counsel to Burruezo & Burruezo, PLLC Prior to joining our firm, LaKesia handled management-side employment law matters with a national labor & employment firm, served as an assistant U.S. attorney in the middle district of Florida, and was general counsel of a health insurance company.

She brings more than 12 years of experience, and will concentrate her practice in the areas of: EMPLOYMENT LAW

CRIMINAL LAW

BUSINESS LITIGATION

We focus on employment law - WORK is our job Overtime and Minimum Wage Compensation • Unpaid Wages National Origin, Race, Sex, Age, Religion and Disability Discrimination Sexual and Other Forms of Harassment • Retaliation • Whistleblower Employment Contracts and Non-Compete Litigation

LaKesia R. Mosley, Esq. theBriefs January 2015 Vol. 83 No. 1

941 Lake Baldwin Lane, Suite 102 Orlando (Baldwin Park), Florida 32814

407.754.2904 www.BurruezoLaw.com

www.orangecountybar.org

PAGE 39

OCBA Calendar

OCBA January Luncheon January 22, 2015 Rowdy Gaines, Olympic Gold Medalist

JANUARY - FEBRUARY 2015

January

Sponsored by: Orlando Solar Bears RSVP by January 16, 2015

www.orangecountybar.org/products/luncheons

24

Paralegal Section Winter Seminar

1

8:00 a.m. • Embassy Suites Downtown

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

27

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

The Evolving Practice of Law: Always New Year’s Day Advancing; Forever Adapting OCBA Office Closed

6

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

LAS Lunchtime Training

Landlord Tenant Issues 12:00 p.m. • Marks St. Senior Center

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

7 8

Business Law Committee 12:00 p.m. • OCBA Center Brown Bag Lunch with Judge John Kest

The Order – Assuring You Get What You Wanted 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm.

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

9

Criminal Law Committee Seminar

What You Need to Know about Orange County Veteran’s Court Program

12:00 p.m. • OCBA Center

12 13

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

GAL: A Whole New Dependency World 12:00 p.m. • Marks St. Senior Center

14

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

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

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

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

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

Intellectual Property Committee Seminar

Topic: TBA 12:00 p.m. • OCBA Center

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

15 16

OCBA Winter Wine & Cheese Social 5:30 p.m. • Winter Park Farmer’s Market

30

Bankruptcy Law Committee Seminar

Discharging Tax Debts in Bankruptcy 12:00 p.m. • OCBA Center

February

3

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

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

4 5 7 9 10

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

Family Law Committee Seminar

Tax Consequences in Divorce 12:00 p.m. • OCBA Center

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

21

Elder Law Committee Seminar

Avoiding Guardianship: What, Why, and How 12:00 p.m. • OCBA Center

LAS Lunchtime Training

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

22

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

OCBA Luncheon

Rowdy Gaines, Olympic Gold Medalist 11:30 a.m. • Church Street Ballroom

PAGE 40

13

Judicial Relations Committee 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm.

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

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

23

Brown Bag Lunch with Judge John Kest

Offering and Using Exhibits and Demonstrative Aids at Trial and Hearings 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm.

28

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

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

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

12

Solo & Small Firm Committee Seminar

Fraud, Ethics & the Forensic Accountant’s Toolbox 12:00 p.m. • OCBA Center

11

Technology Committee Live Webinar

Microsoft Excel Essentials 12:00 p.m. • Live Webinar

www.orangecountybar.org

Criminal Law Committee Seminar

Topic: TBA 12:00 p.m. • OCBA Center

17 18

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

Elder Law Committee Seminar

Topic: TBA 12:00 p.m. • OCBA Center

19

Appellate Practice & Professionalism Committees Joint Major Seminar

Advanced Legal Drafting: How to Get the “Write” Result and Best Position Your Client to be the Appellee 11:30 a.m. • OCBA Center

20

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

Family Law Committee Seminar

Topic: TBA 12:00 p.m. • OCBA Center

24

LAS Lunchtime Training

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

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

25

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

OCBA Luncheon

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

27

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

theBriefs January 2015 Vol. 83 No. 1