Orange County Bar Association - The Briefs - January 2016

A Publication of the Orange County

Inside this Issue: President’s Message Those Lady Lawyers Jamie Billotte Moses, Esq.

January 2016 Vol. 84 No. 1

Appellate Practice Committee New Rule Amendments Ease Post-trial Navigation Kathleen M. Skambis, Esq.

Bar Association

Social Security Committee

The Bipartisan Budget Act of 2015 and its Effects on Social Security Disability Arti Hirani, Esq. Paul J. Morgan, Esq. Solo and Small Firm Committee Now What?

Iana Del Benjamin, Esq.

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theBriefs January 2016 Vol. 84 No. 1

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the Briefs

Contents 3

15

President’s Message Those Lady Lawyers Jamie Billotte Moses, Esq.

©2016

Co-Editors Carrie Ann Wozniak, Esq. & Téa Sisic, Esq.

Legal Aid Society Training Legal Aid Training for Pro Bono Attorneys Catherine A. Tucker, Esq.

5

Associate Editor David A. Meek, Esq.,

17, 18, 19

January Luncheon Erwin Chemerinsky Dean of the University of California School of Law, Irvine

Hearsay Columnist Vanessa A. Braga, Esq.

Legal Aid Society Breakfast of Champions

20, 21

Side Bar Columnist Kimberly A. Lopez, Esq.

24th Annual YLS Charity Golf Tournament

6

25

Orange County Bar Association Election Notice

YLS on the Move Jennifer A. Smith, Esq.

SideBar Kimberly A. Lopez, Esq.

7 26

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

Solo and Small Firm Committee Now What?

Iana Del Benjamin, Esq.

University of Arkansas Law Professor Angela Epps Named Dean of the FAMU College of Law

Jennifer A. Smith, Esq.

27 8 YLS on the Move 9

Clerk’s Corner A New Year of Advances in Technology and Access Tiffany Moore Russell, Esq.

10

29 Hearsay Vanessa A. Braga, Esq.

31

Paralegal Section 4th Annual Joy of Giving

33

Appellate Practice Committee New Rule Amendments Ease Post-trial Navigation Kathleen M. Skambis, Esq.

Rainmaking Be a Rainmaker or Serve Someone Else Who Is – Part 1 Michael Hammond, Esq.

12

34

Social Security Committee The Bipartisan Budget Act of 2015 and its Effects on Social Security Disability Arti Hirani, Esq. Paul J. Morgan, Esq.

14

New Members

35

Announcements

36

Classifieds

Legal Aid Society What We Do...

Legal Aid Society Seeks Volunteers Larri T. Thatcher, Esq.

40 Calendar

w OFFICERS Jamie Billotte Moses, Esq., President Wiley S. Boston, Esq., President-elect Elizabeth F. McCausland, Esq., Treasurer Richard S. Dellinger, Esq., Secretary w EXECUTIVE COUNCIL Jared Brooks, Esq. Philip K. Calandrino, 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. Nicholas A. Shannin, Esq., Ex Officio Amber N. Davis, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero

DEADLINE INFORMATION

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

All contents ©2016 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Dollar Photo Club ISSN 1947-3968

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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

theBriefs January 2016 Vol. 84 No. 1

President’sMessage

January 2016 A Jamie Billotte Moses, Esq.

Those Lady Lawyers...

few weeks ago I was in a deposition with a lawyer I truly like and respect from Jacksonville. He is 88 years young and a true gentleman. While we were at the deposition, he pulled me aside and said “you lady lawyers are taking over the profession.” I looked around the room and noticed that half of the lawyers in the room were women and the other half were men.

Interestingly, in his perception, that was taking over the profession. Being equal was taking over. In reality, however, women are not taking over the legal profession. Despite the fact more than 51% of law school grads are women, the profession is not 50/50 male/female. Furthermore, although there might be a lot of younger, female attorneys, the number of experienced female attorneys is by no means equivalent to their male counterparts. Just look at any law firm and count the number of female partners as opposed to male partners. With respect to judges, although there is some parity in county court, circuit court is still male dominant. The appellate courts are even worse. I am not pointing fingers or passing judgment, but merely articulating that the lady lawyers are by no means taking over this profession.

On November 9, 2015, I had the privilege of attending the memorial service of Judge Jacqueline R. Griffin. Judge Griffin was an inspiration and role model for many of Central Florida’s female lawyers. I do not know whether she truly grasped how important she was to the rest of us. I assume she did not. If there truly was a “grand dame” of the Central Florida legal profession, it was Judge Griffin. For an appellate practitioner, she was the epitome of the best.

Intelligent, articulate, and tough, but respectful, on the bench, she represented all that a female lawyer wants to be. Oral arguments in front of Judge Griffin were some of the most stressful ones, not because they were any more difficult, but because you did not want to let her down. Judge Griffin’s legacy in our community is evident by those who considered her their mentor and friend, such as Judge Anne Conway, Mayanne Downs, Judith Lane, and many others. Her presence on the Fifth DCA will be greatly missed, and her absence from our lives will be deeply, deeply felt.

Unfortunately, despite such great strides by role models like Judge Griffin, female lawyers still

experience things no male counterpart will ever experience. Early in my career, I was repeatedly told to “go set up” when I would arrive at an office for a deposition. The assumption, of course, was that I was the court reporter. I would also often hear “let us know when your attorney gets here.” Again, the assumption was that I was the party or the insurance adjuster. Rarely was it ever assumed that I was opposing counsel. I still get it today. I cannot blame the male attorneys for this, however. Often times it comes from the female receptionist or secretary. Furthermore, I cannot say it is always the older male attorneys who do this. Many a young buck fresh out of law school have asked me on what end of the room I would like to set up. Yes, that same person who went to school with an equal number of women asks me that question.

A client of mine was looking to hire an attorney for his company. When we discussed what he was looking for, he mentioned he was only going to hire a woman. I was intrigued by the selfimposed limitation and asked why. He stated he wanted someone who thought differently than he did. If he just wanted to work with himself, there are plenty of successful male attorneys from whom to choose. What he wanted was someone who would bring something different.

In his opinion, that would provide value to the company. Sure enough, he hired a female lawyer and he reports her value was demonstrated almost instantaneously. My client is also savvy enough to recognize that today’s young lawyers can practice remotely and use technology to get the job done regardless of whether they are in the office or there is “facetime.” I think this is something all lawyers need to appreciate if we are going to foster a profession filled with dynamic, working women. Recognizing a motion can be researched and written just as well at 10:00 p.m. as 2:00 p.m. is the first step in the right direction. Not all women lawyers have children or will have children, but the odds are most of them will. Our profession must be willing to be flexible if we are to retain our working mothers. I know it can be done. My firm’s four female partners are all mothers. Yet, all of us work fulltime and carry heavy caseloads. My firm recognizes, however, our hours may be different than our male counterparts. Nevertheless, none of us fails at getting the work done or getting it done well. continued page 8

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CONGRATULATIONS TO WOOTEN KIMBROUGH, P.A. DESIGNATED AS A FIRST TIER PLANTIFFS PERSONAL INJURY LITIGATION LAW FIRM*

NICHOLAS A. PRIMROSE JACKSON W. ADAMS MICHAEL J. DAMASO, II COUNCIL WOOTEN, JR.

THOMAS L. DENNIS ORMAN L. KIMBROUGH,JR.

Council Wooten, Jr. On November 4, 2015, Council “Butch” Wooten, Jr. was named

“Plaintiffs Trial Lawyer of the Year”

by The American Board of Trial Advocates, Central Florida Chapter, for his outstanding service and dedication to preserving the Constitutional right of civil trial by jury for all citizens.

*For the sixth year in a row, the Orlando law firm Wooten Kimbrough, P.A. has been honored with the prestigious first tier plaintiffs personal injury litigation law firm designation

by U.S. News Best Lawyers Best Law Firms Survey Florida Board Certified Civil Trial Lawyers Council Wooten Jr. - Orman L. Kimbrough, Jr. 236 S. LUCERNE CIRCLE EAST | ORLANDO, FL 32801 | (407) 843-7060 | WWW.WHKPA.COM

PAGE 4 www.orangecountybar.org

theBriefs January 2016 Vol. 84 No. 1

OCBA LuncheonThursday, January 28, 2016

E

Erwin Chemerinsky Dean of the University of California School of Law, Irvine

rwin Chemerinsky is the founding dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California Irvine School of Law, with a joint appointment in political science. Prior to assuming this position in 2008, he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008. He was a professor at the University of Southern California Law School from 1983-2004, during which time he was the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He

Erwin Chemerinsky, Esq.

is the author of eight books, including The Case Against the Supreme Court, published by Viking in 2014, and more than 200 law review articles. He frequently argues appellate cases and has argued before the United States Supreme Court. Dean Chemerinsky is a graduate of Northwestern University and Harvard Law School. In January 2014, National Jurist magazine named Dean Chemerinsky as the most influential person in legal education in the United States.

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

225 S. Garland Avenue • Orlando, FL 32801 Sponsored by: Florida Defense Lawyers Association Data Analyzers, LLC

Co-hosted by the Central Florida Association of Criminal Defense Lawyers

Please RSVP by Friday, January 22, 2016 RSVPs will not be accepted after January 22, 2016 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than January 22, 2016 To cancel, contact Marie West at mariew@ocbanet.org.

The OCBA is happy to provide 7 luncheons as part of your member benefits, but no-shows incur additional charges for the bar and walk-ins cannot be guaranteed a seat.

PD’s Office Clothing Drive

Special Opportunity for January Luncheon Attendees: The Public Defender’s Office will be collecting clean, serviceable clothing for men, women, and children for donation to the Public Defender’s Clothing Closet at January’s OCBA Luncheon. Your donations will be shared with litigants appearing in court proceedings who are unable to provide their own appropriate attire, to individuals going into residential programs, and to other needy individuals. Your items will help to maintain the dignity of our court proceedings and ensure that the lack of proper attire does not affect the outcome of cases that come before the court.

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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) June 1, 2016 through May 31, 2017 Three (3) Executive Council Seats (3-year term) June 1, 2016 through May 31, 2019

• Election of Trustees of the Board of Trustees of the Legal Aid Society of the OCBA, Inc. The following positions are open for election: Two (2) Board of Trustee Seats (3-year term) June 1, 2016 through May 31, 2019

• 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, 2016 through May 31, 2018

• 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 29, 2016.

• 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 per organization.

• 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.

• The nominating petitions will be canvassed and tabulated by the President and Secretary, who shall thereupon certify the names of all candidates 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 Tuesday, March 1, 2016. (A printed ballot will be sent only to members who do not have an email address.)

• Please update your BUSINESS EMAIL ADDRESS by February 1, 2016.

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

• Ballots must be cast ONLINE (or printed ballots received in the OCBA Office) no later than 5:00 p.m., Thursday, March 31, 2016.

• 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.

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

First-time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card.

Please contact Angie Rivera at 407-422-4551 or angier@ocbanet.org.

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2017 • $75

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Issued: 11/01/2016 Expires: 12/31/2017

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Purchasing card is optional for courthouse entry • OCBA membership is not required PAGE 6 www.orangecountybar.org

theBriefs January 2016 Vol. 84 No.1

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 16, 2015. The major actions of the Board and reports received included: The Board of Governors unanimously voted to reject admission by motion with or without reciprocity for Florida. Admission by motion/reciprocity is only one of the topics being considered by The Florida Bar’s Vision 2016 Commission, an initiative started in 2013 to identify and study a range of challenges facing the legal profession in four areas: admissions, technology, education, and access to legal services. Vision 2016 will continue to deliver its findings and recommendations to the Board of Governors for further discussion, analysis, and referral to board committees.

Ethics advisory opinion 14-1 was approved to advise lawyers on what they can tell clients about increasing the privacy settings of their social media accounts or removing social media postings that are or may be the subject of litigation.

Recommendations from the Board’s Program Evaluation Committee on the operation of future annual conventions were approved, including allowing virtual attendance at CLE courses, having conventions at convenient and family-friendly locations, and eliminating paper – including tickets – from convention activities. More information on the approved changes are found in the November 15 The Florida Bar News (which was posted online on November 9).

Five programs and services were approved to be added to the bar’s member benefits: Ravel Law which analyzes judges’ decisions; Lawcountability which provides weekly cloud-based training programs on practice development; Citrix Suite which offers technology products allowing lawyers to work from anywhere, including accessing files and participating in meetings; NedDocuments/ NetDocs which helps lawyers manage and protect their electronic documents; and Entertainment Benefits Group which offers tickets for a variety of entertainment venues, including movies, shows, theme parks, and sporting events. Current member benefits and discounts on products and services are listed at www.floridabar.org/memberbenefits.

The Florida Bar Young Lawyers Division in collaboration with The Florida Bar Foundation and The Florida Pro Bono Coordinators Association invited all bar members to join the Guardian Advocacy Pro Bono Project in observance of the ABA Celebrate Pro Bono Week, October 25-31, 2015.

theBriefs January 2016 Vol. 84 No. 1

The Legislation Committee is looking at bills filed in the House and Senate (SJR 322 and HJR 197) to limit the service of district court of appeal judges and Supreme Court justices to two six-year terms and may recommend whether The Florida Bar and sections should take positions on the bills. Legislation of interest to the legal profession, important session dates, a list of attorney legislators and other information is available at www.floridabar.org/ legislativeactivity. The regular session convenes on Tuesday, January 12, 2016.

A final recommendation for an amendment to Rule 4-1.5 regarding hiring special counsel to negotiate lien modifications at the conclusion of a personal injury or wrongful death lawsuit will have been made as of press time by the Board Review Committee on Professional Ethics in December.

The Supreme Court has directed the bar to file alternative amendments on or before Jan. 15. The full text of the amendments will be published prior to the filing. The language will include that such counsel should be hired only in special circumstances with the informed consent of the client and with a court’s approval. The committee presented two matters on first reading: a recommendation to remove the prohibition in Bar Rule 4-7.18(a) from contacting potential clients via telegraph or facsimile in order to conform to the board’s recent decision to allow solicitations via text messages; and the modification of Advisory Advertising Opinion A-00-1, which prohibits lawyers from soliciting business in online chat rooms to conform to the text messaging decision. Official notices for member comment will be published in The Florida Bar News. Rules changes are being developed by the committee regarding the use of the terms “specialist,” “expert,” and similar terms in lawyer advertisements after a recent federal court ruling. The bar’s Ethics and Advertising Department, which reviews lawyer ads, will no longer find noncompliance for claims of specialization or expertise from non-certified lawyers but will point out to the filer that the advertisement makes claims of specialization or expertise, and the filer may use them only if the filer can objectively verify those claims.

A discussion was held but no action was taken regarding modernizing the bar’s Lawyer Referral Service (LRS), the recent Supreme Court order to prepare a rule amendment banning attorneys from belonging to a for-profit referral service unless it is owned or operated by a Bar member,

www.orangecountybar.org

continued page 8

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Special

F Angela F. Epps, Esq.

University of Arkansas Law Professor Angela Epps Named Dean of the FAMU College of Law Commenting on her appointment, Professor Epps said, “I am honored to be selected as the next dean of the FAMU College of Law. I am excited about becoming part of the legacy of ‘Excellence with Caring’ that is FAMU, and I look forward to working with the College of Law community. I am grateful for the opportunity to serve in this important position.”

Professor Epps earned her bachelor’s degree in sociology and political science from Cornell College in Mount Vernon, Iowa, in 1980 and her Juris Doctor (magna cum laude) from Creighton University School of Law in Omaha, Nebraska, in 1983.

lorida A&M University has named Angela Felecia Epps the new dean of the FAMU College of Law. Epps previously served as a professor of law at the William H. Bowen School of Law at the University of Arkansas at Little Rock (UALR). She also served as associate dean for academic affairs and professor of law from 2008-2014. Epps joined the UALR in 1999. Her teaching and scholarly focus is on criminal law, criminal procedure, and legal counseling, which is a reflection of her distinguished career as a legal officer and judge advocate for the United States Marine Corps. She previously served as a managing attorney for the Georgia Legal Services Program in Albany.

President’sMessage continued from page 3

But this is not just about the lady lawyers.

Many young, male attorneys want to be engaged in their children’s lives. Moreover, many young, male attorneys have wives who work. Consequently, the paradigm has changed. Those attorneys who have wives with just as demanding careers have to pick up the slack at home when they might not otherwise have to do so. The example that many working mothers have set for their law firms has benefitted those younger, male attorneys who might have pressures and demands at home that their more senior counterparts did not. I am not suggesting we should not expect members of our profession, male or female, to be hard working, dedicated, diligent associates. I am suggesting, however, all law firms need to recognize that just as the practice of law itself has changed, so has the practitioner. Nevertheless, technology has made it easier for today’s practitioner to do her job and to do it efficiently. Technology is what will increase the number of lady lawyers in our profession. Maybe someday we will then take over the profession … cue ominous music now….

Jamie Billotte Moses, Esq., is a shareholder with Fisher Rushmer, P.A. She is a board certified appellate specialist. Additionally, Ms. Moses defends lawyers and real estate professionals in litigation and licensing complaints. She has been a member of the OCBA since 1994.

PAGE 8

Board of GovernorsReport continued from page 7

and the growth on online legal service companies which also offer “matching” services for attorneys and potential clients. The discussion included finding ways to boost the bar’s LRS online presence, a possible partnership with a private company, whether online “matching” companies such as Avvo, RocketLawyer, and LegalZoom are referral services, whether bar rules on referral services and advertising need to be changed, ways to use referral services and technology to match clients who need legal representation with lawyers looking for work, and how such efforts fit into the goal of improving legal access.

Code and Rules of Evidence Committee members made presentations on the com-

mittee’s recommendation that the Supreme Court not adopt into the evidence rules of procedure the law changing the standards from qualifying expert witnesses from the Frye standards to the Daubert standards.

The Board of Governors tabled the matter until its December 4 meeting, which abutted the deadline for a decision, in order to have more time to review the committee’s findings.

Ninth Judicial Circuit Board of Governors representatives: 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 1987, 1985, and 1986, respectively.

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 Florida Supreme Court Certified Appellate Mediator since 2015

Bilingual English/Spanish www.orangecountybar.org

407-733-3662 espiesq@aol.com

theBriefs January 2016 Vol. 84 No. 1

Clerk’sCorner

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

A New Year of Advances in Technology and Access

s we launch a new year full of innovative and exciting projects, I couldn’t be more delighted to serve as your Orange County Clerk of Courts. It has been such an exciting time of change and progress. Speaking of progress, the clerk’s office continues working towards just that, with more advanced technology improvements scheduled for 2016.

One of the first changes you will notice is the redesign of the clerk’s myorangeclerk.com website.

The new layout places a strong emphasis on being user-friendly, with a tile arrangement similar to our My eClerk website. A major feature of the new site is its compatibility with smart phones and tablets. We know our customers access much of their information on mobile devices, and we want to make it easy for them to do the same with the clerk’s office.

As part of this drive towards the high tech, we will also be working to make applying for a marriage license even easier. On the slate for this year is a project called e-marriage, which once completed will allow couples to fill out all the necessary paperwork electronically online in advance of visiting one of our offices. The goal is to streamline the process for couples planning a wedding and

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

T

he OCBA invites you to submit your nomination today for a person or organization in our community outside the traditional legal profession who best demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens. The honoree will be awarded the Liberty Bell Award at a ceremony held during the OCBA Law Week Luncheon on April 28, 2016. As you make your nomination, please consider those whose work meets the following criteria:

make getting a marriage license one less thing to worry about.

The Self Help Center we opened this past September to help pro se litigants is achieving all I had hoped for and more. In just the first two months, the Self Help Center assisted more than 2,300 customers with 310 attorney consultations. I am very thankful for OCBA’s commitment as a partner in this initiative.

We’ve all heard the saying before that it’s all about location, location, location. With that in mind, we continue to monitor our branch locations to ensure our customers are easily able to access our services where they live. On that front, the clerk’s office is looking to expand into South Orange County and work with partners to increase customer access in this area. Check out our website for more detailed announcements.

My office will be sending out many updates during the year on our progress throughout 2016.

This information will be shared on the clerk’s website, social media platforms, emails, and of course, in upcoming issues of The Briefs.

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

receive the recognition and gratitude they deserve. The recipients will be honored and the following awards presented at the April luncheon: The Liberty Shield Award will be given to a first responder in our community who meets the criteria listed above.

The Liberty Apple Award will be given to a teacher in our community who meets the criteria listed above.

Please submit a one- to two-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: February 29, 2016.

Stimulated a sense of civic responsibility; and,

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

We are also pleased to announce two additional, inaugural awards for professionals who do not often

For further information, contact Bart Vickers (bartley.

Vickers@csklegal.com) or Randy Bock (randy@ heatwolelaw.com).

Promoted a better understanding of the rule of law;

Encouraged a greater respect for law and the courts; Contributed to good government within the community.

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Appellate PracticeCommittee

New Rule Amendments Ease Post-trial Navigation

“I Kathleen M. Skambis, Esq.

don’t like the outcome of my case. What are my options?” Many lawyers have had a client ask them this question at one time or another. Until recently, Florida appellate rules made the complete answer to that question complicated.

Interplay between post-trial remedies and the filing of a notice of appeal often created uncertainty.

Practitioners juggled post-trial motions, busy trial court dockets, and calendars to ensure that postdecisional motions were effectively decided and that the notice of appeal was timely filed.1 The exercise was treacherous, as one misstep could forfeit the right to appeal. Timing also raised questions about the effectiveness of a lower tribunal’s posttrial order entered after the filing of a premature notice of appeal, but before the appellate court dismissed the appeal or relinquished jurisdiction.2 Recently, however, the rules were changed to make the process less tricky and the client’s question easier to answer. Effective January 1, 2015, the Florida Supreme Court amended Florida Rule of Appellate Procedure 9.020(i) and Rule 9.110(l). Rule 9.020(i) defines the term “rendition,” which impacts the time in which a notice of appeal may be filed.3 Rule 9.110(l) addresses premature appeals from final orders. This article explains the changes to these two appellate rules4 and the practical impact the changes have on the ultimate goal of timely filing the notice of appeal while still engaging in post-trial motion practice. It also addresses procedures the Fifth District Court of Appeal has implemented regarding these rules.

Florida Rule of Appellate Procedure 9.020(i) provides that a final order is rendered when a signed, written order is filed with the clerk of the lower tribunal. But, certain authorized and timely motions filed in the lower tribunal suspend the effect of rendition.5 Included among the post-trial motions that suspend rendition are motions for new trial, for rehearing, to alter or amend, for judgment in accordance with a prior motion for directed verdict, and to challenge the verdict.6 Before the recent amendments, if a party filed posttrial motions and then filed a notice of appeal while those motions were pending, most of those motions were deemed abandoned.7 In addition, because the notice was filed before the final order was rendered as defined by the rule, the appeal was subject to dismissal as premature.8 Premature appeals were not uncommon because cautious lawyers, uncertain about whether a particular post-order motion was one that suspended rendition, often filed the notice

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of appeal within 30 days of entry of the final order, even if post-order motions were pending.

Under amended Rule 9.020(i)(3), the filing of a notice of appeal after one of the enumerated posttrial motions has been filed no longer results in abandonment of the post-trial motions. Nor is the appeal premature. Instead, the rule now provides that the appeal “shall be held in abeyance until the filing of a signed, written order disposing of the last such motion.” Under amended rule 9.110(l), a notice of appeal filed when post-trial motions listed in Rule 9.020(i) are pending no longer makes the appeal subject to dismissal by the appellate court. The rule contains a specific exception for such circumstances. In addition, Rule 9.110(l) now expressly provides that, in all circumstances, if a notice of appeal is filed before rendition of a final order, the lower tribunal retains jurisdiction to render a final order.9 As a result of these rule changes, the Fifth District Court of Appeal now instructs lawyers to notify it of pending motions that postpone rendition. A notice titled “Informing the Appellate Court of Pending Motions Postponing Rendition at time of Filing the Notice of Appeal,” published April 10, 2015,10 states that attorneys and parties filing a notice of appeal “should immediately inform the court by the filing of a proper notice if a motion postponing rendition is pending so that the case may properly be held in abeyance.” The Fifth District’s notice also states that attorneys should subsequently notify it when the lower tribunal disposes of any such motions by filing with the appellate court a copy of the signed, written order disposing of the motion. The Fifth District does not otherwise specify the precise form of the notices.11 Practically, these amendments to the Florida Rules of Appellate Procedure remove much of the confusion regarding the various options available to parties who believe their case was erroneously decided by the lower tribunal. Parties may now more confidently pursue relief via post-decisional motions, a method that, if successful, is less expensive than an appeal. Even if it is ultimately challenged on appeal, a trial court order correcting an error addressed in a post-decisional motion shifts the burden of proof between the parties on appeal and, thus, greatly benefits the aggrieved party whose complaint was resolved by the lower tribunal. If there is uncertainty whether particular motions suspend rendition under Florida Rule of Appellate Procedure 9.020(i), the party may confidently file a notice of

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appeal within 30 days of entry of the final order without abandoning any of its post-trial motions, worrying about whether the appeal is subject to dismissal as premature, or wondering whether the lower tribunal has jurisdiction to rule on the post-trial motions after the filing of the notice of appeal.12 Kathleen M. Skambis, Esq., The Skambis Law Firm, practices primarily in the areas of representing clients in a wide variety of business-related disputes, including contract, business torts, corporate governance, shareholder, employment discrimination, restrictive covenants, and commercial leasing disputes. She has been a member of the OCBA since 1998.

The orders referenced in Florida Rule of Appellate Procedure 9.020(i) are commonly referred to as post-trial motions. Because a final order in a case need not follow a trial, they are, perhaps, more accurately referred to as post-order or post-decisional motions.

This article uses all three terms interchangeably. The Supreme Court’s opinion adopting the amendments refers to the listed motions as “postjudgment” motions. See In Re: Amendments to the Florida Rules of Appellate Procedure, 2014 WL 5714099 at *2 (Fla. Nov. 6, 2014).

2 See, e.g., Henry v. State, No. 2D09-3286, 2010 WL 3155029, *1 (Fla. 2d DCA Aug. 11, 2010) (relinquishment of jurisdiction by appellate court is not necessary for lower court to memorialize in writing earlier oral order); Demont v. Demont, 24 So. 3d 699, 700 (Fla. 1st DCA 2009) (relinquishment of jurisdiction by appellate court necessary for effective rendition of final order by lower court); U.S. Bank Nat’l Ass’n v. Bjeljec, 17 So. 3d 862, 864 (Fla. 5th DCA 2009) (court relinquished jurisdiction to permit lower court to enter order on post-trial rulings); Better Gov’t Ass’n of Sarasota County, Inc. v.

State, 802 So. 2d 414, 415-16 (Fla. 2d DCA 2001) (discussing uncertainty re. necessity and appropriateness of relinquishment of jurisdiction); Benton v. Moore, 655 So. 2d 1272, 1273 (Fla. 1st DCA 1995) (relinquishment of jurisdiction not necessary for lower court to effectively enter final order).

3 See Fla. R. App. P. 9.110(b).

4 See In Re: Amendments to the Florida Rules of Appellate Procedure, 2014 WL 5714099 at *2 and Appendix (Fla. Nov. 6, 2014) (explaining changes and including the old rules with interlineated changes).

5 The language of Fla. R. App. P. 9.020(i) has been amended to provide that the suspension of rendition applies to any existing party, instead of applying only to claims between the movant and any party against whom relief is sought in the motion. See id. at Appendix. Suspension of rendition continues until the last of any of the listed motions has been disposed of by the filing of a signed, written order. Id; Fla. R. App. P. 9.020(i).

6 Fla. R. App. P. 9.020(i).

7 This abandonment extended to motions not listed in Rule 9.020(i) and which did not suspend rendition. In Re: Amendments to the Florida Rules of Appellate Procedure, 2014 WL 5714099 at Appendix (Fla. Nov. 6, 2014) (Old Fla. R. App. P. 9.020(i)(3)).

See also Three Year Cycle Report of the Appellate Court Rules Committee at Appendix E-50, In Re: Amendments to the Florida Rules of Appellate Procedure, 2014 WL 5714099 (Fla. Nov. 6, 2014) (the appendices to the Three Year Cycle Report may be found here: http://www.floridasupremecourt.org/clerk/comments/2014/index.shtml).

8 Id. at Appendix (Old Fla. R. App. P. 9.110(l)).

9 Rule 9.110(l) provides further that even in premature appeals not covered by Rule 9.020(i) and, thus, subject to dismissal, the appellate court may in its discretion grant the parties additional time before dismissing the appeal to obtain a final order from the lower tribunal.

10 The Notice of April 10, 2015 is available on the front page of the Fifth District’s website: www.5dca.org.

11 The Fifth District appears to be the only one of the five District Courts of Appeal in Florida to have established a procedure designed to inform the appellate court of motions postponing rendition pending at the time the notice of appeal was filed in the case.

12 The form of the notice of appeal prescribed by Florida Rule of Appellate Procedure 9.900(a) was not changed by the recent amendments. That form provides for the listing of the date on which the lower tribunal rendered the order on appeal. However, when a timely, authorized motion listed in Rule 9.020(i) has been filed, rendition is suspended.

One way to address the issue is to provide both the date the order was entered, the date the post-trial motion was filed, and to note the suspension of rendition under Rule 9.020(i).

1

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PAGE 11

Social SecurityCommittee The Bipartisan Budget Act of 2015 and its Effects on Social Security Disability Introduction remendous pressure is being exerted on the Social Security Disability System to limit the number of individuals eligible for benefits and, to a less-noticeable extent, reduce benefits.

Arguments have been made in support and against the notion that fraud and abuse are systemic and the burden on the taxpaying (working) public is unsustainable. As attorneys, we are very much aware of the benefits available and obstacles confronting our clients. This article addresses a few of the basic requirements to be eligible for disability and the most recent attempts at reforming the system and ensuring its continued solvency.

Social Security in General Social Security Disability, a solace for those who have once been healthy individuals and are now unable to work, provides individuals with a small amount of money to cover expenses.1 To qualify, an applicant must have sufficient work credits and have a medical condition or combination of impairments arising from said condition(s) to meet Code of Federal Regulations (CFR) and Social Security Administration’s definition of disability.2 A maximum number of four credits are available for each year of work, based on an individual’s income for that year. While the amount varies annually, to earn the maximum four credits in 2015, an individual must have reported income of least $4,880. The amount of work credits a person needs is dependent on his or her age. For older individuals, there is also a requirement that twenty credits be earned in the ten-year period preceding the alleged onset of disability.

Disabled? Not by Social Security’s Definition The next part seems fairly straightforward – are you disabled? To most, a disability is an impairment or handicap, physical or mental, which limits a person’s movements, senses, or activities.

For Social Security, that definition becomes incredibly restrictive. Social Security’s definition of disability is, “You cannot do work that you did before; we decide that you cannot adjust to other work because of your medical condition(s); and your disability has lasted or is expected to last for at least one year or to result in death.”3

T Arti Hirani, Esq.

Paul J. Morgan, Esq.

There is a five-step process that determines whether this definition is met: 1. Are you working? If you are working, you cannot earn wages more than $1,089 a month to be considered disabled.

2. Is your condition “severe” enough to interfere with your basic work-related activities? 3. Is your PAGE 12

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condition found in the list of disabling conditions?

4. Can you do the work you did previously? 5. Can you do any other type of work?

So How Many People Actually Get Social Security Disability?

The answer: not as many as you may think. It seems simple enough and the process does not appear to be difficult – get through the initial five questions and you get a monthly paycheck. You often hear that people qualify for Social Security Disability when they just have an earache. The success rate seems exceedingly high when discussed in normal conversation; however, in 2014, there were more than 2.5 million applications and approximately only 810,000 were approved. That is only an approval rate of 32.16 percent. That same year, only 790,000 applications were terminated. There is an increase of 13 percent in current payments to individual claimants. Constant pressure is placed on judges and SSA administrators to understand that they should be stricter with the individuals they approve for payment because the Social Security Trust Fund is running out.4 Ready for a Change?

The Social Security Disability appeals process can take as much as two years from the initial unfavorable agency decision. As lawyers, we are most useful in marshalling evidence and presenting testimony before the administrative law judge. The odds of a favorable versus unfavorable finding is often dependent on “the luck of the draw” as to the particular SSA medical provider performing the consultative evaluation, the individual testifying as a vocational expert, and the tendencies of the administrative law judge assigned to the case. There are extended waiting periods for applicants to have their hearings scheduled. There are outdated rules for medical impairments and occupational analysis – the Dictionary of Occupational Titles was last updated in 1991 but is still used as the sole occupational job listing. Applicants face questionable work incentive programs, and there is a growing population that probably qualify for SSDI benefits but are denied at the administrative level all too often, only to win at the hearing level with competent counsel and a better-developed record.5 Social Security – Money Running Out? New Reforms!

Trustees and analysts have been making predictions for years that the Social Security Fund will soon be depleted.6 To account for it, lobbyists and legislators predicted a 20 percent cut would be necessary. To most recipients, a 20 percent cut in monthly living expenses would be devastating. As

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part of the 2015 budget negotiations, Congress and the Obama Administration agreed to modest reforms intended to address some of the SSDI concerns. The resulting Bipartisan Budget Act of 2015, signed by President Obama on November 2, 2015, is probably only the first step in congressional attempts to address perceived Social Security Disability Insurance problems. These reforms are expected to help the Social Security Disability Fund extend the solvency of the fund from 2016 to 2022 without increasing the payroll taxes, and it does so by providing: 1) direction and funding to reduce improper and fraudulent payoffs from the fund, 2) shortterm partial reallocation of funds from the federal Old-Age and Survivors Insurance to Disability Funds, and 3) access to data to increase refund of overpayments.

The Bill – What Did it Do? There are six main provisions that pertain to Social Security Disability.

1. Section 811 allocated more money to the Cooperative Disability Investigation units (CDI). This doubles capacity and will increase efforts to reduce fraud and overpayments.7 2. Section 824 allocates more money to improve administration using electronic payroll data. This way, the SSA will have access to earnings to avoid improper payments.8 3. Section 831 closes a few loopholes.

Namely, a claimant will no longer be able to receive a worker benefit or spousal benefit when he/she can claim either, and family members will no longer be able to receive a benefit based on the earnings of a worker with a suspended benefit.9

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4. Section 832 creates an additional requirement. A physician, psychiatrist, or psychologist will now need to make an assessment for the medical portion of the case review at the initial disability determination.10 5. Section 833 reallocates money for the disability trust fund.11 The Social Security “Disability trust was on pace to run out of money next year and, as a result, millions of Americans were going to receive an automatic 19% reduction in their disability benefits in the fourth quarter of 2016. The new law fixes that by shifting payroll tax revenue from one Social Security trust fund – the Old-Age and Survivors Insurance Trust fund – to another, the Disability Insurance Trust fund.”12 6. Section 834 allows SSA to access financial information that would help determine a claimant’s ability to reimburse the government for past overpayment.

What Does This All Mean?

The new law is intended to save Social Security Disability recipients from experiencing benefit cuts and/or being denied benefits because of insufficient funds. Social Security Disability Insurance will still be around until at least 2022.13 For new applicants, however, this does mean that there will be a new medical review at the front end and probably more difficult to be approved at the initial stage of the application process.

Arguments Against the Budget Some argue that instead of taking steps to take care of the growing debt, the new law does nothing to improve the situation. The government’s size and scope has not been

reduced.14 The Social Security Disability Trust Fund was supposed to run out of money at the end of 2016.15 The proposal attempts to “reallocate” around $150 billion to the Disability Insurance Trust Fund in order to keep Social Security running until 2022, but it does nothing to protect the trust fund after 2022.16 Alternative Arrangements Many suggestions that were provided, but not included in the bill may actually come up again when the budget is running low around 2022. One idea is a major reform while Congress allows the Disability Insurance Trust Fund to borrow from the Social Security Trust Fund.17 Another suggestion involves allowing a flat-benefit instead of the current progressive benefit structure.

This flat benefit structure would accomplish the original mandate of keeping all participants at the same level, above the poverty line, while incentivizing them to find gainful employment at the earliest possible date. The savings from the flatbenefit structure would also help extend the current program well beyond the expected end date.18 A major incentive for persons seeking SSDI are the anticipated Medicare benefits applicable after 24 months of eligibility.

Providing an alternative medical insurance has been suggested as an incentive to remaining employed. The two main issues with the Social Security Disability Trust Fund are the ever-increasing numbers of people who apply for benefits and the low percentage of people who voluntarily leave the program. Through the private sector, someone could help claimants remain on the job by pursuing proper health care and workplace accommodations. Further, pri-

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PAGE 13

Legal Aid SocietyWhat We Do...

I Larri T. Thatcher, Esq.

Legal Aid Society Seeks Lay Volunteers

f you are receiving this publication, then you know about the volunteer attorneys who work on a pro bono basis on behalf of Legal Aid Society’s clients. What you may not know is that we also depend upon a network of non-lawyer volunteers and that we are always in need of more of those volunteers. Over the past 30 years, we have been successful in using the skills of retired professionals, law school students, undergraduate students, and folks who have some free time to the benefit of our clients. Each of these volunteers brings something of value to our intake process.

We have had volunteers who retired from social services agencies and students working towards a degree in social services. In that capacity, our clients have benefited from the retired volunteer’s knowledge of available community services, and volunteer students get firsthand experience in what it is like to work with a client. We have had retired legal secretaries who were able to help us train legal studies students gather information from clients and put together a concise, factual statement for our attorneys. We have had retired attorneys volunteer with intake and then match a client they interviewed with a local attorney who they personally knew would be interested in taking on that client’s case, pro bono. We currently have a volunteer who is a retired veteran. He is always eager to help out where veterans are concerned and, based on his own knowledge, has developed a rapport with clients who are veterans.

He has been a great source of referrals to veterans services.

Two things these volunteers have in common are compassion for helping others and an interest in the legal system. That compassion and interest often turns into a long-term relationship with Legal Aid. We have had several volunteers stay with us

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for 15 years or more. This past year at our annual pro bono awards ceremony, we began giving out a Lay Volunteer Award of Excellence. Our first winner was Ralph Rogers.

Ralph is a retired school principal from the New Jersey Public School System. Ralph says that he often relates our clients’ issues to those issues he saw parents dealing with when he was a school principal. Having an interest in the legal system motivated Ralph to volunteer with Legal Aid as well as at the courthouse. He is currently our longest-serving volunteer and has been with us for 18 years. During that time, he has contributed more than 2,500 hours of service to Legal Aid and more than 6,700 hours at the courthouse, where he currently serves as its volunteer coordinator. During his tenure at Legal Aid, we have received feedback from clients that he was kind, patient, and made the them feel at ease when they discussed personal situations related to their legal needs.

We hope that Ralph will be with us another 18 years! Some of our long-term volunteers, however, have recently retired from volunteering. We are always looking to add new volunteers to our ranks. If you know anyone who is interested in volunteering, please contact Larri Thatcher, Esq. at LThatcher@legalaidocba.org.

Larri T. Thatcher, Esq., Director of Intake, Outreach, and Community Education at the Legal Aid Society of the Orange County Bar Association, Inc., has been a member of the OCBA since 1995.

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Legal Aid SocietyTraining

L

Legal Aid Training for Pro Bono Attorneys

egal Aid is proud to offer both live and video trainings for pro bono attorneys. We use our website to promote these trainings. Recently, we have added access to the materials from the video trainings to our website.

Live Trainings Legal Aid offers free lunchtime trainings twice a Catherine A. Tucker, Esq. month on Tuesdays at the Marks Street Senior Center, 99 E. Marks St., Orlando, 32803. You should pre-register by emailing Cathy Tucker, Pro Bono Coordinator, ctucker@legalaidocba.org, or Marilyn Carbo, Pro Bono Specialist, mcarbo@legalaidocba.org. We offer free box lunches and provide CLE credits from The Florida Bar. Online Trainings Most of our live trainings are videotaped and are made available through VIMEO on our website.

You can view them at your convenience. They are not password limited. For a list of live trainings, go to our website at www.legalaidocba.org Al Cook, Esq.; Shaundra Brown, Esq.; and see “Trainings” on the horizonMike Resnick, Esq.; Larri Thatcher, Esq.; tal menu. Under the picture, there is Shanti Chadeesingh, Esq. a link to the trainings list for 2015.

We will soon be listing the trainings for 2016.

Access to Online Videos For access to the online videos, go to our website at www.legalaidocba. org and see “Trainings” on the horizontal menu. There is a list of collections by topic. Several are for Guardian ad Litem trainings and several are for substantive law. Select one and see the videos available. A password is not required to view the Gerald Znosko, Esq.; Neely Peden, Esq., trainings videos.

Ka’Juel Washington, Esq. Materials from Trainings Each instructor provides materials through handouts and PowerPoint presentations. Some of the materials are available as a Word or PDF document. We have recently added access to these documents on our website.

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Access to Online Materials For access to the online materials, go to our website at www.legalaidocba.org. On the lower right-hand side of the homepage, you will see the subtitle “More Legal Aid.” Click on the member login button.

• Enter the member name: probono (all lower case, all one word) • Enter the Password: LASOCBA1 (all upper case, all one word) OR • Enter the member name: probono1 (all lower case, all one word) • Enter the password: LASOCBA1 (all upper case, all one word) You may have to enter this twice.

• Select “Legal Aid Members Common” • You will see choices for “Civil Docs, “GAL Docs,” “Trainings” • Select “Trainings” You will then see the collections by name, which match the collections for the videos. Select the collection and then the specific seminar. You may print or download the seminar materials.

Other Documents Under the “Member Login,” you will also have access to other documents from the GAL and LAR programs. If you select “Civil Docs,” you will see the civil indigent form, Pleadings for Chapter 751 cases, or for Guardianship cases.

If you select “GAL Docs,” you will see the GAL Program forms that are usually included in the initial referral packages. These are now available 24/7 from the website.

If you have any questions, please contact Cathy Tucker, Pro Bono Coordinator, at ctucker@legalaidocba.org.

Catherine A. Tucker, Esq., is the Pro Bono Coordinator at the Legal Aid Society of the Orange County Bar Association. She has been a member of the OCBA since 1998.

www.orangecountybar.org

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Legal Aid Society of the Orange County Bar Association, Inc. 2016 Free Lunchtime Learnings / CLE Applied for All 12:00 p.m. – 1:30 p.m.

Marks St. Senior Center 99 E. Marks St., Orlando, FL 32803 January 12, 2016

Great GAL Expectations – A Revised GAL 101 and ePortal Tutorial

January 26, 2016

Practice Tips: Pick Your Pro Bono Case Online, Civil Indigence, etc.

February 9, 2016

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

February 23, 2016

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

March 8, 2016

Dependency Court Evidence and Discovery Issues for GALs

March 22, 2016

Representing Tenants in Evictions: Prevention and Defense

April 5, 2016

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

April 19, 2016

Successful GAL Collaborations with DCF and Dependency Partner Organizations

May 10, 2016

Educational Advocacy for Crossover Children, Children with Special Needs

May 24, 2016

Family Law Special Issues – Timesharing

June 14, 2016

Keeping Children Safe Act Certification for GALs

June 28, 2016

Family Law Special Issues – Relocation

July 12, 2016

Trauma-informed Care: From Case Plans to Placement Options

July 26, 2016

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

August 9, 2016

Guardianship and Permanent Options for Dependent Youth at 18

August 23, 2016

Debt Collection Issues: Prevention and Defense

September 13, 2016

Therapeutic Engagement with your GAL Child

September 27, 2016

Sealing and Expungement of Records

October 4, 2016

Dependency Drug Court

October 18, 2016

Immigration Relief Available for Victims of Crime

November 1, 2016

Least Restrictive Means: Leveled Placements and Medications

November 15, 2016

Ethics Questions from Pro Bono Cases and Attorneys

December 6, 2016

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

December 13, 2016

Domestic Violence and its Impact on Dependency Court

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program.

Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

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theBriefs January 2016 Vol. 84 No. 1

Legal Aid Society Breakfast of Champions November 4, 2015 The Ballroom at Church Street

Gold Sponsors - $5,000 Anonymous Paul & Perkins, P.A.

Copper Sponsors - $1,000

Silver Sponsors - $2,500 Foley & Lardner Holland & Knight Law Offices of Dan Newlin & Partners Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Sunshine Bank The Galloway Foundation Universal Orlando Resort

Accurate Serve Orlando, Kevin Fedotov

KPMG

Akerman, LLP

Raymer Maguire, Esq.

Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.

Liz McCausland, Esq.

BakerHostetler

Men’s Divorce Law Firm and the Association for Legal Administrators

BMO Harris Bank Carlton Fields Jorden Burt, LLP Clerk of the Court, Tiffany Moore Russell Dean Mead Dean, Ringers, Morgan & Lawton, P.A. First Choice Reporting

OCBA Young Lawyers Section Orlando Sentinel Penn Credit Synergy Settlement Services, Inc. Timothy Terry, Esq. Toshiba Business Solutions

GrayRobinson, P.A. Hispanic Bar Association of Central Florida, Inc.

Zimmerman, Kiser & Sutcliffe, P.A.

Bronze Sponsors - $500 ABA Retirement Funds Program, Voya Financial All Florida Investigations & Forensic Services, Inc. Anonymous Association of Corporate Counsel Bank of America Charitable Fndn, Michael Wolfe Barry University School of Law, Dean Leticia Diaz Bio Hazard Solutions Tommy Boroughs, Esq. British American Chamber of Commerce Jeff Bromme

Brown & Brown of Florida, Inc., Matt Hall Deborah Harris Caldwell, Esq. Cole, Scott & Kissane, P.A. Curtis Protective Services, John Campbell Dale Sorenson Realty, Debbie Caldwell William A. Davis, Jr., Esq. deBeaubien, Knight FAMU, College of Law Fishback Dominick, P.A. Fisher Rushmer, P.A. Gerard Glynn, Esq. Nick Grounds - Financial Advisor LaBelle Furs

theBriefs January 2016 Vol. 84 No. 1

Law Offices of N. Diane Holmes Hon. Bob LeBlanc & Joanie Schuler LeBlanc Lee Alan Realty Legal Talent, LLC Lexis/Nexis Malik Law Firm Met Life, Christopher Kmetz/Tim Bol Milestone Court Reporting OCBA Paralegal Section OCBA Professionalism Committee Orlando City Youth Soccer Paul C. Perkins Bar Association Paychex

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Jill Schwartz & Associates, P.A. Sihle Insurance Ana Tangel Rodriguez, Esq. & Hon. Jose Rodriguez The Martin Andersen-Gracia Andersen Foundation, Inc. TJM Communications Toshiba Business Solutions U.S. Legal Support Winderweedle, Haines, Ward & Woodman, P.A. World Change Alliance, Jane & Jere Batten Tad Yates, Esq.

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theBriefs January 2016 Vol. 84 No. 1

Legal Aid Society Breakfast of Champions

Photos at tables: Donna Savovic

theBriefs January 2016 Vol. 84 No. 1

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theBriefs January 2016 Vol. 84 No. 1

24th Annual YLS Charity Golf Tournament October 9, 2015 Grand Cypress Golf Club to our sponsors...

Allen Norton & Blue, P.A. Barbara Perry and Company Beusse Wolter Sanks & Maire, PLLC BMO Harris Bank Cole Scott Kissane, P.A. CORE Consulting Group, Inc. Dellecker Wilson King McKenna Ruffier & Sos, LLP Embrace Home Loans, Inc. Esquire Deposition Solutions, LLC First Choice Reporting and Video Services Fisher Rushmer, P.A. Hard Rock Hotel and Casino Hon. Bob LeBlanc & Joanie Schuler LeBlanc Legal Realtime Reporting Legal Talent, LLC LexisNexus McCoy Federal Credit Union Milestone Reporting Orlando Orthopaedic Center Professional Litigation Support ProServe USA Ron Fleming Video Productions Shannin Law Firm, P.A. Special Counsel SunTrust The Digital CPA The Fighter Law Firm The Presentation Group TITLE Boxing Club US Legal Support

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PAGE 21

Save the Date! April 15, 2016 Bench Bar Conference 2016

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

Estate / Probate Bankruptcy Civil / Personal Injury Criminal / Juvenile

Appellate Law Employment Law Workers' Compensation Inside the Courtroom

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

Registration opens January 1, 2016 • Earn up to 7.0 CLE Registration Government

By February 1, 2016 After February 1, 2016 At the door

OCBA Members Non-members $200 $200 $250 $275 $300 $325 $350 $375

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

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PAGE 22 www.orangecountybar.org

theBriefs January 2016 Vol. 84 No. 1

Chinese miracle made in the USA. “It was an extraordinary experience.”

–Cate Blanchett, Academy Award-winning actress

“I was just amazed at how the humanity can physically manifest itself and the spiritual can be transformed into physical movements.”

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Let Shen Yun Performing Arts take you on an extraordinary journey through China’s rich and profound 5,000 years of civilization. Ancient dynasties and modern-day stories spring to life through the art of classical Chinese dance. Dazzling backdrops and the Shen Yun Orchestra’s glorious melodies whisk you away to another world. It’s a performance that entertains, educates, and inspires, and leaves you uplifted long after the curtain falls.

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Based in New York, Shen Yun was founded with the mission to restore the traditional, divinely inspired Chinese culture, which the communist party has almost wiped out through campaigns such as the Cultural Revolution. In fact, a show like Shen Yun cannot be found in China today.

“I reviewed over 3,000 shows.

None can compare to what I saw tonight.”

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Reserve your seats today.

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theBriefs January 2016 Vol. 84 No. 1

www.orangecountybar.org

PAGE 23

PhotoOps

Ninth Judicial Circuit Court Judge Jose Rodriguez, Hispanic Bar Association of Central Florida past president Felipe Guerrero, Esq., HBACF scholarship recipient Antonio Jameis, and HBACF fundraising chair Fermin Lopez, Esq., at the HBACF Scholarship Night held October 22, 2015.

HBACF president Luis Gonzalez, Esq., presents Florida Bar president Ray Abadin, Esq., with artwork by Central Florida artist Pedro Brull.

Ronnald Mejia, Esq., and Lalitha Alladi, Esq., at the Greater Orlando Asian American Bar Association September Networking Luncheon.

Tiffany Faddis, Esq., CFTLA president; David Heil, Esq., CFTLA secretary; Allison McMillen, Esq. and Brent Miller, Esq., CFTLA board members; and Dress for Success representative Simone Fernandes The Central Florida Trial Lawyers Association held its Tenth Annual Raising the Bar seminar on August 19, 2015, at the Historic Dubsdread Ballroom and Conference Center.

More than 80 members, sponsors, and presenters attended.

The CFTLA board designated this event as a suit drive charity effort. Members were asked to gift their gently used professional attire to help the disadvantaged obtain tools for success. Clothing items were delivered to Dress for Success Greater Orlando and the Orlando Union Rescue Mission.

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GOAABA September Networking Luncheon at Napasorn

www.orangecountybar.org

theBriefs January 2016 Vol. 84 No. 1

SideBar

Kimberly A. Lopez, Esq.

T

he holiday season did not stop Central Florida’s voluntary bar organizations from keeping busy.

Read on to see how strong the organizations ended 2015 and the great things in store for 2016.

CFAWL The Central Florida Association for Women Lawyers (CFAWL) had a busy end of the year!

On November 6, 2015, CFAWL featured Abigail Dougherty, RDN, LD/N, owner of the Soul of Health, for its monthly luncheon. Nutrition and tips for surviving the holiday season were on the menu in Ms. Dougherty’s presentation, which also reminded attendees that there is no “one size fits all” approach to dieting.

CFAWL held its first Board Certification Boot Camp on November 10, 2015, at Baker & Hostetler, LLP. The CLE was designed to help attorneys’ marketability by providing information on becoming Florida Bar Board Certified, obtaining an AV rating, and using other tools, such as AVVO, to market one’s legal practice.

On November 18, 2015, CFAWL hosted its annual Judicial Reception at the Courtyard at Lake Lucerne, honoring county and circuit court judges from Orange, Osceola, Seminole, Brevard, Lake, and Volusia counties, as well as judges from the Fifth District Court of Appeal, the U.S. District Court for the Middle District of Florida, and Central Florida’s bankruptcy, Social Security, and workers’ compensation judges.

All chocoholics happily attended CFAWL’s most delicious annual program, the chocolate-making party at Farris & Fosters in Baldwin Park. The November 11, 2015, event allowed aspiring chocolate makers to drizzle, dip, and decorate everything in sight.

CFAWL continued its tradition of the December Angel Tree Project, benefiting the children of Rock Lake Elementary School. The project aims to provide gifts for children who may otherwise go without. CFAWL welcomed Rock Lake Elementary School’s choir as entertainment at its December 4, 2015 luncheon.

CFAWL’s holiday party took place on December 8, 2015, at the Women’s Club of Winter Park and featured local musician Matt Shenk. CFAWL also hosted a few Table for Eights with holiday themes, such as a Thanksgiving-themed dinner hosted by Kelli Murray, Esq., and a baking get together hosted by Sarah Pape, Esq., and Kellie Hall, Esq. CFAWL is always looking for future hosts for Tables for Eight. Are you interested in hosting a Table for 8? If so, contact Keshara Cowans, Esq., at kesharadavis@gmail.com.

CFTLA The Central Florida Trial Lawyers Association (CFTLA) hosted a Dress for Success clothing drive in the fall. CFTLA kicked off the drive at its 10th Annual Raising the Bar seminar on August 19,

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2015. CFTLA asked members and partners to clean out their closets and gift their gently used attire to provide those in need with tools for success. After months of collecting items, CFTLA delivered the collected items to Dress for Success Greater Orlando and The Orlando Rescue Mission.

GOAABA & CFGALLA The Greater Orlando Asian American Bar Association (GOAABA) and the Central Florida Gay and Lesbian Law Association (CFGALLA) co-hosted a Joint Networking Happy Hour on November 18, 2015. Special thanks to GOAABA social chair Lalitha Alladi, Esq., and CFGALLA social chair John Dorris, Esq., for planning the event.

On December 16, 2015, GOAABA held a holiday dinner and happy hour for its members.

On February 14, 2016, GOAABA will participate in the annual Dragon Parade and Lunar New Year Festival at Orlando Fashion Square Mall. The Dragon Parade and Lunar New Year Festival is free and open to the public and celebrates 2016, the Year of the Monkey, with dragon and lion dances, martial arts, acrobatic performances, cultural dances, arts, crafts, and exotic Asian food.

HBACF On October 22, 2015, the Hispanic Bar Association of Central Florida (HBACF) honored Florida Bar president Ramón Abadin, Esq., at a celebratory reception at the Citrus Club. During this signature event, the HBACF, together with the Hispanic Heritage Scholarship Fund of Metro Orlando, presented FAMU law student Antonio Jaimes with a $5,000 scholarship. The HBACF also recognized scholarship finalists Diana M. Coronel David (FAMU), Ginna P. Arevalo (FAMU), and Melissa M. Hernandez (Barry Law) with a $500 book scholarship each. Special guests of honor also included The Florida Bar president-elect Bill Schifino, Esq., and HBACF past presidents.

HBACF also closed out 2015 celebrating the unveiling of its “Conozca Sus Derechos” (“Know Your Rights”) website. The Conozca Sus Derechos seminar series is a community outreach project designed to educate the Hispanic community in English and Spanish about a wide range of important, current legal topics such as bankruptcy, foreclosures, landlord-tenant disputes, criminal law, immigration law, consumer protection, public benefits, and many others. The project seeks to educate community members about their legal rights and facilitate access to the legal system. You can access the new website by visiting http://csd-hbacf.com/.

Remember, SideBar is for you! Please send news about past or future events, along with photos and IDs, to my attention at kimberly.lopez@akerman.com.

Kimberly A. Lopez, Esq., Akerman LLP, is an associate in the firm’s Litigation Practice Group. She focuses her practice on diverse commercial and business litigation matters.

She has been an OCBA member since 2008.

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Solo & Small FirmCommittee

Y

Iana Del Benjamin, Esq.

PAGE 26

Now What?

ou passed the bar exam! You conquered that beast! You did it! Yes, you! Maybe it’s the overachiever in you, but the ringing question that never leaves you, no matter how hard you try, is “Now What?” You are an attorney. You now embody the oath and all that it stands for. You are now licensed to use your legal knowledge to serve and assist those who come to you, but “now what” remains the ringing refrain.

The bar exam is one of the hardest exams in the world (the bar exam comes in seventh, while the master sommelier diploma exam is the hardest), but now that all the stress of studying and mulling over bar preparation materials is finally behind you – this rite of passage you’ve endured – you are still left with very little sense of the next steps, let alone the best next steps.

If you were like me, you knew that upon graduation and studying for and passing the bar your next step after a clerkship stint or working at a big firm would be to hang your own shingle. So what do you do? After consulting with other senior attorneys, I knew that joining a voluntary bar association would be a high priority for me. Because I practice primarily in one jurisdiction and have loads of friends and family in the other, I sought out two bar associations where I hoped making connections would be relatively easy. Without hesitation, I promptly joined the Orange County Bar Association where the staff was responsive and welcoming.

Within a month of joining, I was invited to attend the OCBA’s New Lawyer Training Program, which is geared to attorneys who have been practicing for three years or less. The goal of this program directly aligns with the premise of this article. The program fills the information gap between the theory and study of law and the application and practice of law. It addresses the big question: now what? What do I do now that I am licensed to practice law?

I eagerly enrolled, and for two full days I was caught up in a whirlwind of intensive training.

I met fellow young lawyers, toured the Orange County courthouse, listened to presentations by the chief judge and the clerk of courts, partici-

pated in a question and answer panel with judicial assistants, and heard all about how to be professional and astute when appearing in court.

The class learned from a representative of The Florida Bar about how to avoid bar complaints (simple nuggets, like being courteous to opposing counsel) and heard practical tips about how to start and maintain a solo practice directly from successful solo practitioners. A key component of the two-day training was being paired with a mentor. My mentor was not only kind and forthcoming with valuable information about running a solo practice, he committed to making himself available to answer any nagging questions I may have in the future. In addition to discussing financial matters with me, he shared successful tips about malpractice insurance and encouraged me in my solo practice endeavors. My mentor was enthusiastic and optimistic about my path.

I learned that remaining positive is critical when navigating the bumpy terrain of establishing a new legal practice.

For me, the “now what?” question has finally been answered. I have direction and purpose for the next step. It is my turn to continue to contribute to the Orange County Bar Association so that other young attorneys, especially those who are recently barred, will not have to ask the question. If they do, however, there is a strong, solid, substantial, and affirmative response: attend the OCBA’s New Lawyer Training Program. This program will supply you with what you need to know in order to take the best next step.

Iana Del Benjamin, Esq., a shareholder Darlington Jordan Law, P.A., practices in Jacksonville, Florida, in the areas of civil litigation, family law, immigration law, real estate law, and wills and trusts and estates. She is an active member in both the OCBA and the Jacksonville Bar Association. She has been a member of the OCBA since 2015.

www.orangecountybar.org

theBriefs January 2016 Vol. 84 No. 1

YLS on the move

T

Jennifer A. Smith, Esq.

YLS communications chair, Jen Smith, Esq., YLS president, Amber Davis, Esq., and Andrew Roy, Esq., pose for a picture with a few of the kids at the WRCC Halloween Party.

he weather outside may have been frightful, but YLS events this winter have been delightful!

Our Annual Charity Golf Tournament was on October 9, 2015, at the Grand Cypress Resort.

YLS would like to thank our sponsors, a full list of which can be found in this issue of The Briefs and at http://www.golfeventpro.com/events/ocbayls/ our_sponsors. This event would not be possible without the dedicated efforts of chairs Ryan Scordato, Esq., and Keith Kanouse, Jr., Esq. We had 175 golfers and a great time. Most importantly, YLS raised more than $20,000 to fund its charitable endeavors, such as a four-year college scholarship, Great Oaks Village, the WRCC Halloween Party, the Back Pack Project, and more.

On October 29, YLS hosted its third annual Halloween party at the Women’s Residential Counseling Center (WRCC). The WRCC is a 138-bed transitional living program for single women and women with children. At the party, volunteers provided the children with new Halloween costumes and a fun evening of games, candy, and other Halloween treats. Volunteers also performed a mock trial to teach the children about our court system. As part of the ABA’s ProBono Week, in connection with the OCBA Legal Aid Society, YLS members met with residents of the WRCC to offer pro bono advice on issues such as bankruptcy, family, and criminal law. YLS would like to thank the event chair, Jennifer Morando, Esq., for another successful party.

On November 11, YLS members met at World of Beer in downtown for a happy hour benefiting the Annual Thanksgiving Basket Brigade of

Central Florida. YLS members made donations and assembled baskets full of Thanksgiving dinner ingredients to donate to local families in need.

On November 21, YLS members paired up with the Basket Brigade to organize and distribute the baskets. Thanks go to Amber Williams, Esq., for organizing this event.

At the YLS November Luncheon, YLS members heard Susan Constantine, a body language expert, present “Evaluating Truthfulness – How to Read Faces to Detect Deception.” YLS members received tips to improve their ability to spot clues of potential deception in nonverbal behaviors. Thank you to our luncheon coordinator, Rachel Lowes, Esq., who takes the RSVPs and works check-in for each of our monthly luncheons.

On December 3, YLS members gathered at the Vue on Lake Eola for our annual holiday party to benefit Great Oaks Village. Great Oaks Village is a residential foster group home for children aged 6-18 who have been removed from their homes by the State of Florida because of abuse, neglect, or abandonment. YLS would like to thank US Legal Support for sponsoring this festive and charitable event.

Stay tuned for these upcoming events: January Luncheon: January 15, 2016, from 11:45 a.m. to 1:00 p.m. at the Citrus Club, 255 S. Orange Ave., 18th Floor. RSVP for a fabulous three-course meal (only $10) online through the YLS section of the OCBA Store, or yls@gmail.com if you are paying by check or cash. A late charge of $5 per person will be added for all RSVPs not received by January 13. Please note that the YLS is charged for all RSVPs, so be sure to notify us if you have RSVP’d and are unable to attend.

Holidays All Year Long Mixer and Fundraiser: January 28, 2016, from 5:30 p.m. to 7:30 p.m. at Kasa Raw Bar & Tapas, 183 S. Orange Ave., Orlando, FL 32801. Look for details in upcoming YLS email blasts.

Evening with the Judiciary: February 25, 2016. Details to come.

Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www. facebook.com/OCBAYoungLawyersSection.

Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

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PAGE 27

PhotoOps Attorney J. Charles “Charlie” Gray, shareholder and founding director in GrayRobinson’s Orlando office, was honored with the Champions Award from the University of Central Florida at the Black & Gold Gala on October 22, 2015. The gala celebrated the achievements of UCF alumni who have “reached for the stars.”

The Champions Award is given to an individual, or corporation, who has consistently advocated and championed the cause of UCF and or the UCF Alumni

Association. The Champions Award has only been given three times in UCF’s history: Fairwinds Credit Union (2009), Dr. Charlie Millican (2010), and Dr. John Hitt (2012). Gray was selected by the UCF Alumni Association because of the significant impact that he has had with the creation of and success of the university. He has been awarded an honorary alumnus, serves as trustee emeritus of the UCF Foundation, and previously served as the chairman of the foundation.

On October 22, 2015, the OCBA Foundation sponsored speakers for Ms. Tina McFerrin’s five law classes at East River High School in Orange County. Antoinette Plogstedt, Esq., John Sirounis, Esq., and Jordan Ostroff, Esq., spent the day engaging students in search and seizure discussions. The speakers and students analyzed issues ranging from traffic stops to evidence suppression. The students conducted a role playing scene of a Terry stop. The speakers shared their perspectives from the bench, prosecution, and criminal defense and provided an overview of criminal justice issues involving the 4th Amendment. The students were looking forward to their upcoming courthouse tour, also sponsored by the Foundation.

OCBA Mentoring Program Do you have wisdom & experience you could share with younger lawyers?

Could you use some guidance from an experienced lawyer?

If so, then this program is for you!

Mentors and mentees meet 16 times from February through May on a mutually convenient schedule to discuss the practice of law.

Jan. 8, 2016 – Applications Due Feb. 1, 2016 – Program Begins Feb. 4, 2016 – Kick-off Luncheon May 31, 2016 – Program Concludes The commitment is minimal, but the impact may be life-long!

Dan H. Honeywell

For details, go to: www.orangecountybar.org/mentoring or contact Kristopher Kest at 407-514-2667.

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theBriefs January 2016 Vol. 84 No. 1

Hearsay...

W

Vanessa A. Braga, Esq

elcome back from the holiday break, Hearsay! As you spent time with family and loved ones, we know that you couldn’t wait to read the latest news about your colleagues in the Orange County Bar Association. Among your new year’s resolutions, here is the latest scoop on your OCBA peers.

Congratulations to the OCBA members who are 2015-2016 Florida Bar W.M. Reece Smith, Jr. Leadership Academy Fellows: Jackson W. Adams, Esq., of Jackson W. Adams, P.A., Robert W. Davis, Jr., Esq., of Holland & Knight, LLP, Ericka Garcia, Esq., of The Florida Bar Foundation, and Brock A. Hankins, Esq., of Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A. Way to represent OCBA at the Leadership Academy!

In September, Burr & Forman LLP partner, Denise Dell-Powell, Esq., lead the firm’s Women’s M&A Dealmaker Conference in Atlanta.

Lauren Y. Detzel, Esq., of Dean Mead, was selected as one of the Top 100 Florida Super Lawyers and Top 50 Women Lawyers in Florida.

Mark NeJame, Esq., of NeJame Law, helped host the Fall Collection Spotlight Brunch, benefitting Runway to Hope, a charity which provides support to Central Florida families affected by pediatric cancer. The smash event was held on September 20, 2015, and raised more than $90,000 for the charity’s Family Assistance Fund.

Barry University School of Law dean, Leticia M. Diaz, Esq., was appointed to serve on the American Bar Association’s Commission on Immigration. The Commission will help support the ABA’s efforts to ensure fair treatment and full due process rights for immigrants and refugees within the United States. In other Barry Law news, Darylaine Hernandez, Esq., of the Law Office of Darylaine Hernandez, LLC, Sidney A. Román, Esq., of the Law Offices of Sidney A. Román, P.A., and David A. Shontz, Esq., a partner at Shutts & Bowen, LLP, were appointed to the board of advisors for the Barry University School of Law. Congratulations!

The OCBA was well represented at this year’s Clio Cloud Conference, a technology conference held in Chicago, Illinois. Among the OCBA members in attendance were: Bertha L. Burruezo, Esq., Carlos J. Burruezo, Esq., and Vanessa A. Braga, Esq., of Burruezo & Burruezo, PLLC, and Barbara Leach, Esq., of Barbara Leach Law, PL. They mixed and mingled with legal professionals

theBriefs January 2016 Vol. 84 No. 1

from around the country, including The Florida Bar’s current president, Ramón A. Abadin, Esq., a partner at Sedgwick Law, and past president, Gregory W. Coleman, Esq., a partner at CLC Law. Hope you had as much fun as I did in the Windy City and were able to bring back innovative ideas to help your practices!

Janice L. Merrill, Esq., of Marshall Dennehey Warner Coleman & Goggin, presented “Maneuvering Florida’s Administrative Process: From Rulemaking to Appeal” at the Florida Association of Rehabilitative Facilities.

Lauren Ryan, Esq., of Boughman & Lefkowitz, has been appointed a member of the young professionals key initiative board for Ronald McDonald House Charities of Central Florida. Bravo!

The Daily Business Review has recognized Gray Robinson as a Top Litigation Firm. The Daily Business Review is a resource and forum for South Florida lawyers and business professionals who engage in deal making, client development, and business negotiations. Additionally, the Southern Political Report recognized the firm as one of the South’s Top Government Affairs Firm and Lobbyists in Florida. Way to go, Team Gray! Justin T. Marshall, Esq., of the Orlando office, was awarded an AV Preeminent rating by MartindaleHubbell. J. Charles “Charlie” Gray, Esq., a shareholder and founding director, was awarded the Champions Award from the University of Central Florida. The prestigious award, given only three times in UCF’s history, recognizes an individual or corporation that has advocated and championed the cause of UCF. As usual, GrayRobinson and its attorneys continually represent the OCBA well in the community.

Since it’s a new year, let’s make a new year’s resolution (and hopefully you won’t forget about your resolution one week after making it). Once a month, please send any news about your fellow Orange County Bar Association members to vanessa@burruezolaw.com. Good luck with your new year’s resolutions, whatever they may be. Until next month, Hearsay.

Vanessa A. Braga, Esq. is an associate attorney with Burruezo & Burruezo, PLLC, handling labor and employment matters. She has been an OCBA member since 2014.

www.orangecountybar.org

PAGE 29

Social SecurityCommittee continued from page 13

vate insurance determinations have shorter wait times and have a greater ability to determine medical need. Also, with private insurance programs, the insurers are encouraged to work more closely with the employees, physicians, and employers to achieve a return-to work success program through incentives, rehabilitation, and accommodations.19 Finally, raising taxes is still an option. In a recent national survey, it was reported that consumers are amenable to tax increases for this purpose. When given the option of either raising taxes or cutting benefits, the overwhelming answer was to raise taxes.20 Concluding Remarks While all of this sounds good on paper, let’s hope it translates well into practice. Social Security Disability practitioners will have extra hurdles to jump through in order to get valid, eligible claimants their muchneeded help through difficult times. Also, while the system updates and changes are implemented, longer wait times will be an inevitable side effect. Let’s hope the new changes are beneficial and fast moving!

Id. Id. 10 Id. 11 Id. 12 Robert Powell, “Social Security, Medicare changes are coming with new budget law,” USA TODAY, Nov. 13, 2015, http://www.usatoday.com/story/money/columnist/powell/2015/11/12/social-security-medicarechanges-budget-law-retirement/75164246/.

13 Tanya Somanader, “The Bipartisan Budget Agreement: What You Need to Know,” the White House Blog, Oct. 29, 2015, http://www.whitehouse.gov/ blog/2015/10/29/bipartisan-budget-agreement-whatyou-need-know.

14 Paul Winfree, “Analysis of the Bipartisan Budget Act of 2015,” Heritage Foundation Backgrounder No. 4477, Oct. 28, 2015, http://www.heritage.org/research/ reports/2015/10/analysis-of-the-bipartisan-budget-actof-2015.

15 Rachel Greszler, “Social Security Trustees: Disability Insurance Program Will Be Insolvent in 2016,” Heritage Foundation Backgrounder No. 3033, July 24, 2015, http://www.heritage.org/research/reports/2015/07/ social-security-trustees-disability-insurance-programwill-be-insolvent-in-2016.

16 Paul Winfree, “Analysis of the Bipartisan Budget Act of 2015,” Heritage Foundation Backgrounder No. 4477, Oct. 28, 2015, http://www.heritage.org/research/ 8 9

reports/2015/10/analysis-of-the-bipartisan-budget-actof-2015.

17 Rachel Greszler, “Improving Social Security Disability Insurance with a Flat Benefit,” Heritage Foundation Backgrounder No. 3068, October 23, 2015, http:// www.heritage.org/research/reports/2015/10/improvingsocial-security-disability-insurance-with-a-flat-benefit.

18 Id. 19 Rachel Greszler, “Private Disability Insurance Option Could Help Save SSDI and Improve Individual Well-being,” Heritage Foundation Backgrounder No. 3037, July 20, 2015, http://www.heritage.org/research/ reports/2015/07/private-disability-insurance-optioncould-help-save-ssdi-and-improve-individual-well-being.

20 Sean Williams, “5 Shocking Findings From the Latest National Survey on Social Security,” The Motley Fool, Nov. 14, 2015, http://www.fool.com/retirement/ general/2015/11/14/5-shocking-findings-from-the-latest-national-surve.aspx.

Arti Hirani, Esq., Meenakshi A. Hirani, P.A., primarily practices civil litigation, estate planning, criminal law, and Social Security Disability. She has been a member of the OCBA since 2013.

Paul J. Morgan, Esq., founder of Morgan, White-Davis & Martinez, P.A., is Board Certified

by The Florida Bar in Workers’ Compensation.

His primary practice focuses on cases involving work-related injuries, discrimination, and disability. He has been a member of the OCBA since 1987.

Disability Planner: How You Qualify for Social Security Disability Benefits, https://www.ssa.gov/planners/ disability/dqualify.html (last visited Nov. 11, 2015).

2 Disability Planner: How Much Work Do You Need?, https://www.ssa.gov/planners/disability/dqualify2.html (last visited Nov. 11, 2015).

3 Disability Planner: What We Mean By Disability, https://www.ssa.gov/planners/disability/dqualify4.html (last visited Nov. 11, 2015).

4 Social Security, Data from Social Security’s Disability Program, https://www.ssa.gov/oact/STATS/dibStat. html (last visited Nov. 11, 2015).

5 Paul Winfree, “Analysis of the Bipartisan Budget Act of 2015,” Heritage Foundation Backgrounder No. 4477, Oct. 28, 2015, http://www.heritage.org/research/ reports/2015/10/analysis-of-the-bipartisan-budget-actof-2015#_ftn17.

6 Jim McCrery, “Social Security disability reform: An issue that can’t wait,” The Hill, Aug 03, 2015, http://thehill.com/blogs/congress-blog/healthcare/249957-socialsecurity-disability-reform-an-issue-that-cant-wait.

7 John Boehner, “Estimate of the Effects on the OASI and DI Trust Funds of enacting the temporary reallocation of a portion of the OASDI payroll tax rate proposed in H.R. 1314, the “Bipartisan Budget Act of 2015,” introduced on September 27, 2015 by Representative John Boehner,” Oct. 27, 2015, available at https://www. ssa.gov/oact/solvency/.

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theBriefs January 2016 Vol. 84 No. 1

Paralegal Section 4th Annual Joy of Giving

November 5, 2015 Co-sponsored by US Legal Support and Ricoh Members of the OCBA Paralegal Section and their guests hosted the Joy of Giving holiday social and collected toys that were donated to the U.S. Marine Corps’ Toys for Tots program.

David Keith Bradley, Misty McGlothern, Paralegal Section president, Mike Curcio

Michelle Preiser, Frances Amorelli Dana Costello, Risa Harrell, Phil Gordin, Shannon Casey, Linda Valois

Jonathan DeLeon, Robert Mayo, Earl Lugo

Valerie Morris, Samantha Siller, Marisol Gomez, DeAnna Miksell

theBriefs January 2016 Vol. 84 No. 1

Rebecca Cruz, Eddie Kilroy

David Keith Bradley, C.J. Bosco, Paul Pelton

www.orangecountybar.org

PAGE 31

S AV E

THE

D AT E

February 6, 2016 11 AM – 4 PM FAMU Law School 201 Beggs Avenue Orlando, Florida 32801 hosted by Orange County Bar Association Central Florida Association for Women Lawyers Paul C. Perkins Bar Association Greater Orlando Asian American Bar Association Hispanic Bar Association of Central Florida Central Florida Gay and Lesbian Law Association

Lake Baldwin Park 4963 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins Entry Fees: $25 - Jan. 1 - Mar. 30 $30 - Apr. 1 - May 10 $35 - After May 11 & on race day

CLE 11:00 a.m. to 12:00 p.m.

Free of charge to all lawyers, law students, judges and sponsors.

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

Children and families welcome

For details and to register, go to https://www. orangecountybar.org/lawday5k

For more info contact co-chairs: Susan W. Fox susanfox@flappeal.com Vanessa Braga vanessa@burruezolaw.com

SPONSORSHIPS AVAILABLE! Contact Amanda Nethero at amandan@ocbanet.org

Facebook Page: “Central Florida Diversity Mentor Project” The Florida Bar provided funding for this project.

Proceeds benefit the Legal Aid Society of the OCBA, Inc. and the OCBA Foundation.

®

SIDEBAR Leadership Law® 2016 meets once a month for five months beginning in January Breakfast, lunch, and networking receptions included

Leadership Law 2016 participants will: • Share ideas and network with business leaders, judges, and attorneys

Enrollment:

By December 11 – $495 After December 11 – $550

• Join in break-out sessions on topics such as employment and tax law, civil and criminal litigation, bankruptcy, and much more.

www.leadershiplaworangecountybar.org For information, contact: Amanda Nethero 407-422-4551, ext. 244 amandan@ocbanet.org

• Take “behind the scenes” tours of the Orange County Courthouse, Federal Courthouse, Juvenile Justice Center and by special invitation – the Medical Examiner’s Office.

Recommend Leadership Law to community leaders, colleagues, and friends today!

Like us on Facebook Connect with us on LinkedIn

OCBA Leadership Law® 2016

Recipient of the National Association of Bar Executives 2012 LexisNexis Community and Educational Outreach Award.

PAGE 32

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theBriefs January 2016 Vol. 84 No. 1

Rainmaking

Be a Rainmaker or Serve Someone Else Who Is – Part 1 The Gray Eminence ou’ve seen them at bar events, cocktail parties, or charity functions: brimming with confidence, the stereotypical rainmaker navigates social situations with ease and radiates such charm that new clients, referral sources, and people in general seem to be continually drawn to them. They’re well known, well-heeled, and well connected. As you watched them work the room, the picture of someone who is at their best in all social situations crystallized into your idea of the perfect rainmaker.

Don’t Try to be Somebody You’re Not Unfortunately this kind of social acumen does not come naturally to everyone. In fact, you might be someone who is decidedly not at your best in unfamiliar social situations. When asked to market yourself, you might be apprehensive because you don’t believe you are a natural at client development. You fear that marketing means you have to “fake it,” and few things are more exhausting than having to fake your way through a marketing event that holds little or no interest for you.

So, after trying very hard a couple of times to be somebody you’re not, you may have decided you just don’t have what it takes. What’s more, you’ve also decided that you hate marketing.

But if you’re not this “natural” marketer, are you doomed to always work for those who can make it rain? Are you destined to join the ranks of sole proprietors whose firms limp along and never fully realize their potential? This is of critical importance – your ability to develop clients will shape your destiny.

Play to Your Strengths We believe everybody can develop clients even if he or she doesn’t have the personality commonly associated with that stereotypical rainmaker. In our experience, there are as many different ways to market as there are attorneys. The key is to identify and play to your own strengths. For a clue to what your strengths are, take a look at your hobbies, passions, and interests both inside and outside the practice of law. Think about all those things you used to do before you became a lawyer!

These hobbies, passions, and interests tend to bring out the best in your personality. When your approach to marketing is tied to what you love, your effectiveness as a rainmaker blossoms. Incorporating your interests enables you to operate in an environment of your own choosing; it minimizes the anxiety you feel when forced to socialize

Y

Michael Hammond, Esq.

theBriefs January 2016 Vol. 84 No. 1

in less familiar and less comfortable situations. At a Rotary Club dinner, for example, you might feel bored and uninterested because its agenda doesn’t authentically engage you. But, when involved in something you love, be it sports, or gourmet food, or speaking on a favorite topic, your comfort level is higher, you have more fun, and you’re more fun to be around.

Be Yourself Read through the examples below that detail ways other attorneys have created a focus for their marketing; think about how you can use your less obvious interests and talents to advance your marketing goals: 1. The Expert/Writer Quite a few attorneys have narrowed their practice areas to a specific niche and are experts in their field. Quietly passionate about their subject matter, they excel at building their reputation through the written word. They market themselves by writing columns, newsletters, articles, and blog posts – it’s a good fit for their less outgoing personalities. In addition, their approach to research can kill two birds with one stone – they can use luncheon interviews of marketing contacts to discover information about new trends, developments, and case studies that they then incorporate into their writing. This is what we call a knowledge-based approach to marketing.

2. The Expert/Speaker Another knowledge-based approach to marketing can be used by attorneys who communicate their expertise through speaking engagements and are comfortable in front of groups. They play to their strengths of doing research and presenting their findings as compelling speakers. They focus on setting up seminars to educate new clients and to develop new referral sources. Like our writer, these attorneys can use lunches and meetings with influencers, potential referral sources, and clients to research their workshops and seminars while deepening their relationships.

In the next article, we’ll discuss several more ways attorneys can reconnect with their interests, play to their strengths, and discover a focus for their marketing that brings out the best in them.

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.

www.orangecountybar.org

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New Members

Attorneys

Rachelle R. GRAND-PIERRE

Amy PITSCH

Rachel M. CAREY

Aimee M. ADAMS

Kyle C. GRIFFIN

Denise F. PROVENZANO

Linda FITZGERALD

Bruce G. ALEXANDER

Shane T. HERBERT

Scott P. RATTIGAN

Alvis L. HORNE

Nicole A. ALLEN

Jeffrey R. HUDSON

Ashley RAWLINGS

Daniel J. LOPEZ

Kene ANUSIONWU

Alison A. KERESTES

Victor F. RODRIGUEZ

Maureen MacSWEENEY

Daniel D. ARCHER

Michael K. KIERNAN

Ellen C. RYAN

Anesha PARKER

Albert M. BEHZADI

Robyn M. KRAMER

Natasha J. SAYAN

Emily T. BEHZADI

Jonathan M. LAWLER

Peter H. SIMMONS

Paralegal Students

Natasha B. BILLYER

Adam R. LEWIS

John M. SIROUNIS

Bernice BIRD

Liana S. MADISON

Nicole R. TURCOTTE

Erica G. BURNS

Randesh MAHARAJ

Lewis N. VAN ALSTYNE, III

Krista N. CAMMACK

Marshall H. McDONALD

Daniel A. VELASQUEZ

Kenny R. CANTRELL

Cynthia E. McGEE

Dorice R. VOECKS

Andrew C. D’ADESKY

Susan MICHELE

Charis D. WALKER

Summer E. DeGEL

Kate S. MILLER

Ryan H. WISNESKI

Amelia L. EDWARDS

Rebecca L. MORGAN M. Jason O’NEAL

Samaria SPAIGHT

Ahmad S. EL-GENDI

Affiliates

Wesley C. PAGE

Venus S. BENSON

Patricia D. WILLIAMS

Michael A. FLEGIEL

Rachel G. WILLIAMS

Brittany L. FOX

Lindy K. PEEK

Jeannie SIFONTE-McCANN

Mauren F. FURINO

Edward R. PHILPOT

Law Students

Patron

Graciela GAMEZ

Kathryn S. PISCITELLI

Christopher C. BUCALO

John P. ORLANDO

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www.orangecountybar.org

Jennifer M. BRACHE Samuel CAPLAN Megan GREGORIUS Ashley R. HATTON Alyssa LOTT Alisa MIAZGA Valerie MORRIS Lauren SHAMON

theBriefs January 2016 Vol. 84 No. 1

Associates

Andrew C. D’Adesky, Esq. – Latham, Shuker, Eden & Beaudine, LLP Brittany G. Melendez, Esq. – Walton Lantaff Schroeder & Carson LLP Francis X. Rapprich, Esq. – Wright & Casey, P.A. Daniel A. Velasquez, Esq. – Latham, Shuker, Eden & Beaudine, LLP

Of Counsel

Avery F. Dawkins, Esq. – Fisher Rushmer, P.A.

Certification – The Florida Bar

Paul S. Quinn, Jr., Esq. – GrayRobinson – Real Estate Law (recertification)

Speaking Engagements

Denise Dell-Powell, Esq., a partner at Burr & Forman LLP, spoke in October on issues in lending in a mock relief from stay bankruptcy hearing presided by former U.S. Bankruptcy Judge Leif Clark at the 4th Annual Educational Summit from the Commercial Real Estate Finance Council’s (CREFC) High Yield Distressed Realty Assets Forum. She also moderated the “Successful Strategies for Non-Traditional Loans” panel at the Trigild Fall 2015 Lender Conference in San Diego, California.

David W. Henry, Esq., a shareholder in the Orlando office of Marshall Dennehey Warner Coleman & Goggin, served as a faculty member at the James K. Ruble MEGA Seminar in Dallas, Texas. Mr. Henry taught two courses at the seminar: “Advertising Injury and Coverage for Intellectual Property” and “Agent’s Guide to Legal Liability and Litigation Trends.” The seminar was hosted

by The National Alliance for Insurance Education & Research.

Published

OCBA Center. CLE: 1.0, including 1.0 ethics approved. Speakers: Keshara Cowans, Esq., Bar Counsel, The Florida Bar; Patti Savitz, Esq., Bar Counsel, The Florida Bar. Register by Jan. 17 at the OCBA Store.

Jan. 21 – Foreclosure Lunch & Learn with Judge Don Myers.

12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. Please feel free to bring your lunch. For attorneys only. Registration not required.

Jan. 26 – Practice Tips: Pick Your Pro Bono Case Online, Civil Indigence, etc. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m.

Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: pending. Speaker: Catherine Tucker, Esq., Pro Bono Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 2 – Hot Topics in Wage & Hour Law. Labor & Employment Committee Major Seminar. 9:30 a.m.-2:30 p.m. OCBA Center. CLE: 4.5 pending. Speakers: William “Roy” Richardson, U.S. Dept. of Labor Wage & Hour Division; Daniel Perez, Esq., Hogan & Hogan, P.A.; Timea McMillen, Esq., and Jim Mallue, Esq., Florida Commission on Human Relations. Register by Jan. 31 at the OCBA Store.

Feb. 9 – Serving Dual-diagnosis Dependent Teens (Substance Abuse/MH). LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Coravious Cowart, Esq.; Donna Mitchell, Case Coordinator. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Feb. 11 – The Bench Trial - Is it Really Just a Trial without a Jury? Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. CLE: 1.5. Feel free to bring your lunch; water will be provided.

Contact: Diana Iacone at ctjadi1@ocnjcc.org or 407-836-0443.

Dennis J. Wall, Esq., co-authored the book, Catastrophe Claims: Feb. 23 – Case Plan Conference, Stafffings, Out-of-Court Insurance Coverage for Natural and Man-Made Disasters, which Meetings. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: has just been published by Thomson Reuters Westlaw. pending. Speakers: Doris Mackey, Case Coordinator; Jonathan Neyer, Esq., GAL program. Contact: Marilyn Carbo at mcarbo@ Events Feb. 3 – Winter Wine & Cheese Social. 5:30 p.m. - 8:30 p.m. legalaidocba.org.

Winter Park Farmers’ Market. All proceeds benefit the OCBA Feb. 24 – County to Circuit Appeals in the Ninth Judicial CirFoundation. RSVP by Feb. 1 through the OCBA Store. cuit. Appellate Practice Committee. 11:30 a.m.-1:00 p.m. CLE: Feb. 25 – Evening with the Judiciary “Suits and Stegosau- 1.0 pending. Speakers: Hon. Don Myers and Hon. Kevin Weiss, ruses.” 5:30 p.m.-8:30 p.m. Orlando Science Center. RSVP by Ninth Judicial Circuit Court. Register by Feb. 22 at the OCBA Store.

Feb. 20 through the YLS section of the OCBA Store.

Notes

Seminars

Jan. 12 – Great GAL Expectations – A Revised GAL 101 and ePortal Tutorial. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m.

Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: pending. Speakers: Bethanie Barber, Esq., GAL Program Director; Cheryl Nicholson; Michelle Erazmus. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Jan. 14 – Demonstrative Aids – Are They Really Aids? Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diana Iacone at ctjadi1@ocnjcc.org or 407-836-0443.

Update: Shortly before publication of “Making the Grade for Main Street: Regulation A+” by Joshua A. Aguilar, Esq., in the November 2015 issue of The Briefs, the SEC adopted new rules and implemented Title III of the JOBS Act regarding crowdfunding. Correction: Rachael M. Crews, Esq., a shareholder at GrayRobinson, P.A., was awarded an “AV Preeminent” rating by Martindale-Hubbell. Ms. Crews was incorrectly listed as an associate. Missing: Both volumes of Litigation and Prevention of Insurer Bad Faith donated by author and OCBA member Dennis J. Wall, Esq. The publisher’s list price is $517. If you have knowledge of this matter, please contact the OCBA.

Jan. 19 – Grievance Procedures – What to Do if You Get Stung. Solo and Small Firm Committee. 12:00 p.m.-1:00 p.m.

An n o unce ments

theBriefs January 2016 Vol. 84 No. 1

www.orangecountybar.org

PAGE 35

CLASSIFIED ADS OFFICE SPACE/SALE/ RENT/LEASE

426-9300 or email mcarr@ carrlawpa.com.

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) 898-4848.

Fully renovated 1650 sq. ft. building on Edgewater Drive. 6 offices, break room and reception area. Call 407-2478756 or david@yergeylaw.com.

Downtown Orlando Boutique Office for Rent: 1 furnished office and secretarial bay located on the 2nd floor of an established law practice. Reception area and conference room access, 1 parking space included.

Location: 203 E. Livingston Street; within one block of the Courthouse. Please call 407-

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.

One or two Winter Park offices with Lee Rd. signage available. Receptionist, conference rooms, copier and internet provided. $1,000 - $1,200 each. Call 407-6294711 or info@cotterzelman.com Beautiful full-service professional office space in Winter Park (Morse Boulevard). Recently renovated. 100 ft. by 150 ft. office. Large conference rooms and waiting area. Common areas shared by 2 law firms.

Telephone and internet

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

included. $850 per month.

Possible overflow work for commercial litigator or referrals for other practices. To schedule showing, please contact Alyssa at 407-956-1010.

Shared office space for rent. One office in the Bank of America building directly across the street from the Orange County Courthouse.

Shared conference room/library with 2 attorneys. Possible referrals. Contact Robert J. Buonauro 407-841-1940 Newly renovated offices available for shared office space in Winter Park on Fairbanks Ave. Perfect for solo practitioners! FIRST MONTH’S RENT FREE, $650/month after that. Price includes internet, utilities, conference room. Contact Nicole at 407-925-5403 or nicole@rofelaw.com.

Shared Office Space for Rent. Lakefront Office on Lake Ivanhoe in Downtown Orlando. Newly Renovated.

3 Offices Available with Conference Rooms and 2 Staff Spaces. Call (407) 898-5151.

Downtown Orlando law firm has furnished office space available for lease. Onsite parking, conference room and kitchen facilities. Copier/fax available. Call 407-425-1020 or email dbenton@kpsos.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.

Open fOr Business!

My Orlando Lawyer Directory This FREE, online listing directory is exclusively for OCBA members!

Increase lawyer-to-lawyer referrals and community interest.

Complete your profile!

1. Go to www.MyOrlandoLawyer.com 2. Login with your OCBA username & password.

3. Add practice areas, types of cases handled,

location, years of practice, education, board certifications, and much more.

4. Simply hit “Submit” and your information will Take advantage of this FREE member benefit.

Make it easy for members and the public to find you quickly!

PAGE 36

be posted immediately for online searches.

5. For more information, call 407-422-4551.

www.orangecountybar.org

theBriefs January 2016 Vol. 84 No. 1

Save the Date!

| Bankruptcy | Estate & Gifting

Commercial Litigation

Marital Dissolutions

Expert Witness Testimony

Wednesday February 3, 2016 5:30 PM - 8:30 PM Winter Park Farmers’ Market 200 W. New England Ave. Winter Park, FL 32789 Wine by Tim’s Wine Market Craft beer by Brown Distributing Appetizers by Every Occasion Catering

390 N. Orange Ave., Ste. 1890 | Orlando, FL 32801 ph 407-217-6900 8626 N. Himes Ave. | Tampa, FL 33614

Raffle – you must be present to win!

ph 813-936-0313

$15 by February 1, 2016 $25 after February 1, 2016 and at the door RSVP at the OCBA Store Proceeds benefit the OCBA Foundation

theBriefs January 2016 Vol. 84 No. 1

www.stahlconsulting.com

www.orangecountybar.org

PAGE 37

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 l 301 East Pine Street, Suite 790 l 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.

Insurance Ad_P1.indd 1

10/27/14 3:21 PM

YOU CAN REFER WITH CONFIDENCE! Dellutri Law Group's Areas of Practice

Recent Reported Decisions

PAGE 38

www.orangecountybar.org

theBriefs January 2016 Vol. 84 No. 1

William R. Ponall is proud to announce the opening of

PONALL LAW Florida Bar Board Certified Criminal Appellate Attorney Criminal Appeals - Postconviction Relief - Complex Criminal Cases State and Federal Court SunTrust Building 253 N. Orlando Avenue, Suite 201 Maitland, Florida 32751 theBriefs January 2016 Vol. 84 No. 1

Telephone (407) 622-1144 bponall@PonallLaw.com PonallLaw.com

www.orangecountybar.org

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OCBA January Luncheon

OCBA Calendar January

Thursday, January 28, 2016 Erwin Chemerinsky, Dean University of California School of Law, Irvine

JANUARY - FEBRUARY

Co-hosted by Central Florida Association of Criminal Defense Lawyers

12:00 p.m. – 1:00 p.m.

The Ballroom at Church Street

RSVP by January 22, 2016 to

21

1

OCBA Offices Closed New Year’s Day

5

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

8

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

11

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

12

LAS Lunchtime Training Great GAL Expectations - A Revised GAL 101 and ePortal Tutorial 12:00 p.m. • Marks St. Senior Center

Foreclosure Lunch & Learn with Judge Myers

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

Rm.

LAS Lunchtime Training Practice Tips: Pick Your Pro Bono Case Online, Civil Indigence, etc.

12:00 p.m. • Marks St. Senior Center

26

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

28

Real Property Committee 12:00 p.m. • OCBA Center Bankruptcy Law Committee 29 12:00 p.m. • OCBA Center

13

February

Lawyers Literary Society 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

Brown Bag Lunch with Judge John 14 Kest

Demonstrative Aids – Are They Really Aids?

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

Rm.

2

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

3

Business Law Committee

12:00 p.m. • OCBA Center

Brown Bag Lunch with Judge John Kest

Is it Really Just a Trial without a Jury?

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

Rm.

Law Committee 1 2 Criminal 12:00 p.m. • OCBA Center YLS Luncheon 15 11:45 a.m. • Citrus Club

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

16

Law Committee 1 7 Elder 12:00 p.m. • OCBA Center

Labor and Employment Committee Major Seminar Hot Topics in Wage & Hour Law 9:30 a.m. • OCBA Center

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

Law Week Committee 11 12:00 p.m. • OCBA Center

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

OCBA January Luncheon

Erwin Chemerinsky, Dean, UC Irvine 12:00 p.m. • The Ballroom at Church Street

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

http://orangecountybar.org/store

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

Family Law Committee 19 12:00 p.m. • OCBA Center Property Committee 2 3 Real 12:00 p.m. • OCBA Center Social Committee 12:00 p.m. • OCBA Center

15

Winter Wine & Cheese Social 5:30 p.m. • Winter Park Farmers' Market

LAS Lunchtime Training Case Plan Conference, Staffings, Out- of-Court Meetings 12:00 p.m. • Marks St. Senior Center

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

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

8

Appellate Practice Committee 24 Seminar

Social Security Committee 12:00 p.m. • OCBA Center YLS Luncheon 11:45 a.m. • Citrus Club

18

OCBA Offices Closed Martin Luther King, Jr. Day

Solo & Small Firm Committee 19 Seminar

Grievance Procedures –What to Do if You Get Stung 12:00 p.m. • OCBA Center

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

20

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9

County to Circuit Appeals in the Ninth Judicial Circuit 12:00 p.m. • OCBA Center

LAS Lunchtime Training Serving Dual-diagnosis Dependent Teens (Substance Abuse/MH) 12:00 p.m. • Marks St. Senior Center

OCBA Luncheon 25 12:00 p.m. • The Ballroom at

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

10

Evening with the Judiciary 5:30 p.m. • Orlando Science Center

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

Law Committee 2 6 Bankruptcy 12:00 p.m. • OCBA Center

www.orangecountybar.org

Church Street

theBriefs January 2016 Vol. 84 No. 1