Orange County Bar Association - The Briefs - January 2017

A Publication of the Orange County

Inside this Issue: President’s Message A Case for Transactional Attorneys Wiley S. Boston, Esq.

January 2017 Vol. 85 No. 1

Veterans Committee Military Uniforms at the Courthouse: When is it Appropriate?

Thomas B. Feiter, Esq., B.C.S.

Bar Association

Intellectual Property Committee Reflections: Professionalism as a Tool of Negotiation Howard R. Marsee, Esq. Intellectual Property Committee The Slants and Redskins: Trademarks, the First Amendment, and the Supreme Court – Can the Government Ban Registration of Trademarks it Deems Disparaging?

Shanti M. Hill, Esq.

March 2016 Vol. 84 No. 3

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theBriefs January 2017 Vol. 85 No. 1

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PAGE 1

the Briefs

Contents 3

15

©2017

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

Legal Aid Society News Legal Aid Society of the Orange County Bar Association President’s Message David E. Cannella, Esq.

President’s Message A Case for Transactional Attorneys Wiley S. Boston, Esq.

4

Associate Editor C. Andrew Roy, Esq. Hearsay Columnist Vanessa A. Braga, Esq.

16

Professionalism Committee Reflections: Professionalism as a Tool of Negotiation Howard R. Marsee, Esq.

Legal Aid Society News Pro Bono Attorneys Get Free Training and Online Access to Pro Bono Cases

5

OCBA October 2016 Luncheon 2016 Past Presidents Dinner

6

25

9

Chief’s Column Retiring Judges 2016 The Hon. Frederick J. Lauten

10

Intellectual Property Committee The Slants and Redskins: Trademarks, the First Amendment, and the Supreme Court – Can the Government Ban Registration of Trademarks it Deems Disparaging?

Shanti M. Hill, Esq.

12

Veterans Committee Military Uniforms at the Courthouse: When is it Appropriate?

Thomas B. Feiter, Esq., B.C.S.

14

YLS on the Move Jennifer A. Smith, Esq.

18-19

OCBA January Luncheon David B. King, Esq. Founding Shareholder King, Blackwell, Zehnder & Wermuth, P.A. Clerk’s Corner Honored to Serve as Your Clerk of Courts Tiffany Moore Russell, Esq.

Side Bar Columnist Kimberly A. Lopez, Esq.

w OFFICERS Wiley S. Boston, Esq., President Elizabeth F. McCausland, Esq., President-elect Richard S. Dellinger, Esq., Treasurer Mary Ann Etzler, Esq., Secretary

20-21

Paralegal Post A New Year and a New Resolve Laurilyn Cook-Arrington, FRP

27

YLS on the Move Jennifer A. Smith, Esq.

30 Hearsay Vanessa A. Braga, Esq.

35

Announcements

36

New Members

38

Classifieds

40 Calendar

Legal Aid Society News 2017 Pro Bono Preference Form Mary Anne De Petrillo, Esq.

w EXECUTIVE COUNCIL Jared A. Brooks, Esq. Philip K. Calandrino, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Jamie Billotte Moses, Esq., Ex Officio Brett R. Renton, 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 ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock 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 2017 Vol. 85 No. 1

President’sMessage

January 2017 I Wiley S. Boston, Esq.

theBriefs January 2017 Vol. 85 No. 1

A Case for Transactional Attorneys

t has been said that the Orange County Bar Association has more to offer for litigators than it does for transactional lawyers. While there may be some kernel of truth to that, to the extent there is value in litigators gaining familiarity with other professionals participating in the litigation process, I am a transactional lawyer and assert that the value of OCBA membership for non-litigators is compelling.

First, the regular luncheons provide the perfect opportunity for transactional lawyers to leave the office and interact with others, thus honing valuable interpersonal skills. Everyone is encouraged to do so on February 23 when our guest speaker will be Florida Supreme Court Justice Peggy Quince, with an anticipated guest appearance by The Florida Bar president Bill Schifino, Esq., who will discuss the Florida Constitution Revision Commission.

Second, the upcoming OCBA Gala, on February 25 at the Winter Park Racquet Club, will afford us an opportunity to experience quality food, drinks, and entertainment, and those with dancing skills should have the opportunity to use them. Those transactional attorneys without dancing skills, like me, will also have the opportunity to dance should they wish to do so.

Third, the substantive law committees help make us better at what we do. For example, attending upcoming meetings of the Estate, Guardianship, and Trust Committee, the Real Property Committee, the Business Law Committee, and the Intellectual Property Committee will help you stay abreast of the latest legislation and court decisions in your area of practice, as well as give you an opportunity to meet other practitioners who may be able to assist you, either as a referral source or as a

source of counsel for addressing novel legal issues that arise. Even after twenty-one years in practice and board certification, I still find the meetings to be of great value. The same must be true for more recent graduates, and possibly more so.

Fourth, we all have the obligation to give back to our community and to our profession, and the OCBA provides excellent opportunities to do both. Whether you serve as a guardian ad litem or in another pro bono role through the Legal Aid Society, serve on the Law Week Committee and volunteer to participate in mock trials for school children, or join the Professionalism Committee and help select individuals who are exemplars of professional conduct and deserving of recognition, there are numerous opportunities to serve.

Fifth, the OCBA Briefs magazine provides content with a local focus. Members also have the opportunity to submit articles and increase their exposure to other attorneys.

Although there is an additional cost for the OCBA Gala to defray the expenses of food, beverages, and entertainment, most of the other benefits listed above are free and included with membership. OCBA membership makes good sense for all Central Florida attorneys, regardless of their type of practice.

Wiley S. Boston, Esq., is a partner with Holland & Knight LLP. He is Board Certified in Real Estate Law in Florida and practices in the area of commercial real estate law, with emphasis on leasing of office, industrial, and retail properties, representation of developers of commercial projects, and real estate finance. He has been a member of the OCBA since 1996.

www.orangecountybar.org

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ProfessionalismCommittee

Reflections: Professionalism as a Tool of Negotiation

P Howard R. Marsee, Esq.

rofessionalism pays dividends, and nowhere is this more evident than in the process of negotiation. As a mediator since 1996, I have had the opportunity to observe thousands of negotiators in action, most of them lawyers. A few have been wholly ineffective, some merely acceptable, some good, and some truly great. The great ones consistently obtain optimal results for their clients.

They without exception embody the essential attributes of professionalism: character, competence, civility and commitment. By reason of character, habit or intuition, each realizes that professionalism is an indispensable tool of successful negotiation.

Each great negotiator knows that negotiation is the respectable art of persuasion and that we don’t persuade by intimidating, badgering, shouting, insulting or degrading the opposing party. They understand they don’t have to be disagreeable to disagree and that offensive conduct is counter-productive.

As one negotiator expressed it so colorfully and succinctly, “No one wants to compromise with a jerk.”

Each knows that negotiation begins the moment of his or her first contact with the opposing lawyer or party. They work continuously to foster an atmosphere of goodwill. They avoid animosity and distrust. They subscribe to the Preamble of The Florida Bar’s Rules of Professional Conduct that provides: “A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others.” By the time formal negotiation begins, opposing participants respect him or her.

More than once I have heard someone in private caucus say of the lawyer in the other room, “I think we’ll get this case settled. Mr. or Ms.______ is a real pro.” There can be few higher accolades.

Each great negotiator is competent, prompt and diligent. They come to the negotiation understanding all the facts and issues, and they have thoroughly informed their client of all risks – thus avoiding unreasonable expectations. They are careful to avoid misstatements of fact or law. They realize that misleading, lazy or careless assertions will reflect negatively on their credibility, competence or character – to the detriment of their client.

Each adheres to the Golden Rule. They deal candidly and respectfully with everyone, and they expect that others will deal candidly and respectfully with them.

They command dignity and respect by exhibiting dignity and respect. They are patient and always mindful of human foibles. They are slow to take offense, always dissecting seemingly offensive statements or conduct for underlying motivation and for any negotiating advantage that may be derived from them.

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Each is careful of his or her attitude, choice of voice and language. They avoid rough, loud or profane language. Their humor is refined or self-deprecating. They adopt a cordial voice, avoid demands, and steer clear of ultimatums. They don’t whine, become unduly emotional, or take things personally. They at all times adopt a positive, “We’re-here-to-make-adeal-attitude.” They cultivate a spirit of cooperation.

They know how to say “no” firmly but gracefully.

They respect the need for others to “save face.”

Above all, every great negotiator has over the course of their practice developed a reputation for integrity, honesty, candor and fair dealing. They know that their success or failure as a negotiator began long before they met their current client. They understand that their reputation, their character, is an integral cog in the machinery of negotiation – in their ability to obtain the best results for their client.

They never violate their adversary’s trust because they know that trust is too hard won to squander.

They never gloat or brag when successful, and they are gracious in both victory and defeat. They know how to resist the “uncontrollable urges” of anger, resentment, vituperative response, and revenge. They assiduously avoid creating visceral opponents, emotional adversaries who disagree not only with their point of view but with them as a human being.

Professionalism matters, and the great negotiators know it. Their clients know it. Their results attest to it. Perhaps subconsciously, these lawyers use professionalism as surely as a carpenter uses a hammer or saw. Moreover, professionalism is to them more than some arcane code of behavior. It is an integral part of who they are, providing for them: motivation, trust, camaraderie, honor, respect, compassion and dignity.

Howard R. Marsee, Esq., Upchurch, Watson, White & Max, was a trial attorney who represented both plaintiffs and defendants in a wide variety of complex litigation from 1971 to 2003. In 1996, he became a certified Circuit Civil Mediator, and since 2004 has served throughout Florida as a full-time mediator, arbitrator, and special master, having mediated or arbitrated more than 1,000 cases in a diverse and broad range of disputes.

Mr. Marsee will be among the participants in the OCBA Professionalism Committee’s “Professionalism in Negotiation” seminar on Thursday, February 16, 2017. For details, please see the announcements in this issue of The Briefs and visit the OCBA store.

“Reflections: Professionalism as a Tool of Negotiation” first appeared in The PROFESSIONAL, a publication of the Henry Latimer Center for Professionalism, Volume XII, No. 2, Fall 2015. It is reprinted here by permission of the author.

theBriefs January 2017 Vol. 85 No. 1

OCBA LuncheonThursday, January 19, 2017 David B. King, Esq. Founding Shareholder King, Blackwell, Zehnder & Wermuth, P.A. Gerrymandering and Justice – Redistricting Litigation in Florida

D David B. King, Esq.

avid B. King, Esq., is the founding shareholder of King, Blackwell, Zehnder & Wermuth, P.A. Board certified by The Florida Bar as a Civil Trial Lawyer since 1983, Mr. King devotes a significant portion of his practice to complex commercial litigation, legal malpractice defense, and personal injury and wrongful death cases in both state and federal courts. Originally from Cookeville, Tennessee, Mr. King graduated with an LL.B. from Vanderbilt University in 1965. While at Vanderbilt, Mr. King was on the board of editors of the Vanderbilt Law Review.

After serving in the United States Marine Corps and completing a tour of duty in Vietnam, Mr. King moved to Orlando in 1968, joined the Orange County Bar Association

and served on its executive council from 19771982, and as its president from 1980-1981. In 1986, Mr. King was chair of the Ninth Circuit Judicial Nominating Commission, and he served on the Board of Governors for The Florida Bar from 1988-1992, where he cochaired the Disciplinary Review Committee, overseeing lawyer discipline statewide. In May of 1994, Mr. King was selected as the inaugural recipient of the Orange County Bar Association’s highest award: the William E. Trickel, Jr. Professionalism Award. In 1998, Mr. King was inducted as a Fellow of the America College of Trial Lawyers, the premier professional trial lawyer organization in America.

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

Sponsored by:

225 S. Garland Avenue • Orlando, FL 32801 Please RSVP by Monday, January 16, 2017 RSVPs will not be accepted after January 16, 2017 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

January 16, 2017

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

See cancellation policy on the OCBA website homepage.

theBriefs January 2017 Vol. 85 No. 1

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PAGE 5

Clerk’sCorner

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

Honored to Serve as Your Clerk of Courts

s I take the oath of office this month, I am both humbled and honored to be re-elected to serve as your Orange County Clerk of Courts for the next four years. I appreciate the support and confidence voters have placed in me, and I feel the results of November’s election are a reflection of my staff’s great customer service and commitment. I am proud to say it is their extra attention to detail that enhances the experience for anyone who does business with us.

My next term will be shaped by a new strategic plan that we will implement starting this year and work to achieve by 2020. While there are several new priorities, our emphasis will remain on continuing to elevate the customer experience, leverage technology, and improve access to the courts and clerk services. To that end, one priority will include implementing a plan to expand customer self-service options that will allow the public to have more options to do business anytime, anywhere. Another priority is our less paper initiative, which is already cutting down on paper files

in courtrooms and creating fewer paper interactions with partners and stakeholders.

My office has not lost sight that one of our very important client groups are attorneys. As an attorney, it is a privilege to work closely with the Orange County Bar Association, which has a long history of partnering with the Clerk’s Office to ensure that changes affecting the legal community are communicated early and properly vetted and tested.

Hundreds of thousands of people do business with us every year, and what we do in this office affects our customers’ lives in very real ways. In this day and age, we will have to continue to operate in a fiscally responsible manner. I look forward to the many challenges and successes we will experience over the next four years.

Thank you for the opportunity to serve you and our community.

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

Past Presidents Dinner Thirty-two OCBA past presidents enjoyed a Past Presidents Dinner hosted by Wiley S. Boston, current OCBA president, and the bar’s executive council.

Special recognition was given to Leon H. Handley, who is the most senior past president (1963-1964).

Thanks go to executive council members Bill Umanksy and Tony Sos for planning a very enjoyable and noteworthy event. See complete photos on pages 20 and 21.

First Row L-R: Leon H. Handley; Jamie Billotte Moses; Paul L. SanGiovanni; Mayanne Downs; Kristyne E. Kennedy Second Row L-R: William E. Sublette; Thomas A. Zehnder; Darryl M. Bloodworth; Bruce B. Blackwell; Nicholas A. Shannin; The Hon. John Marshall Kest; The Hon. Robert J. Pleus; Paul J. Scheck; John E. Fisher; Mary Ann Morgan; Julia L. Frey; Robert W. Duckworth; Frank M. Bedell

Back Rows L-R: C. Gene Shipley; Dan H. Honeywell; Lee Jay Colling; Daniel L. DeCubellis; Lindsay Builder, Jr.; Thomas P. Wert; Russell W. Divine; Wayne L. Helsby; David B. King; C. Jeffery Arnold; Scott R. McMillen; Brian T. Wilson; Warren W. Lindsey; Tad A. Yates

PAGE 6 www.orangecountybar.org

theBrief s January 2017 Vol. 85 No. 1

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Proceeds benefit the Orange County Bar Association Foundation, Inc. theBriefs January 2017 Vol. 85 No. 1

www.orangecountybar.org

PAGE 7

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theBriefs January 2017 Vol. 85 No. 1

Chief’sColumn

W

Retiring Judges 2016

hat comes to mind when you think of 105 years? The time between the Cubs’ World Series wins? Maybe the years since the first radio broadcast? Or perhaps the date of the Wright brothers’ first flight? Close, but not quite; 105 is the total number of years the five retiring Ninth Circuit judges spent on the bench during their judicial careers.

It seems like every couple of years, we lose more and more talented judges to retirement. They are The Honorable Frederick J. Lauten men and women who in the prime of their caChief Judge reers set aside personal gain to devote themselves to public service. For most of them, the sacrifice Ninth Judicial Circuit Court came at a hefty price in the form of valuable time and lost financial opportunities. Yet I am sure if you’d ask them, they’d say the sacrifice came with a great reward – the satisfaction of knowing that they contributed their talents and skills to advance our judicial system and serve their community and its citizens. As we say goodbye to this fine group of jurists, let’s take a look at their judicial careers.

The Honorable Deb S. Blechman took the bench as an Orange County Court judge in 1995. Her last assignment was in the County Criminal Division, but she also served in County Civil and County Specialized divisions during her tenure. She received her juris doctor from the University of Florida in 1980, and her bachelor of arts in pre-law from the University of Central Florida in 1976.

Judge Blechman was an active member of the Orange County Bar, where she The Hon. Deb S. Blechman served on the Professionalism Committee and the Judicial Relations Committee. She also served on the board of directors of the United Safety Council from 2005 to 2009.

The Honorable Jerry L. Brewer began his judicial career in 1995. He will retire from the bench after serving in a County Specialized Division, but he also served in County Traffic, Criminal, and Civil divisions during his tenure.

He served as the Associate Administrative Judge for the County Criminal Division from 2006 through 2008. He received his juris doctor from the Cumberland School of Law in 1980 and his bachelor of arts in pre-law from the University of Central Florida in 1977. A former marine, Judge Brewer was instrumental in working with former Chief Judge Belvin Perry, Jr., to establish the cirThe Hon. Jerry L. Brewer cuit’s Veterans Court program. theBriefs January 2017 Vol. 85 No. 1

The Honorable Carolyn B. Freeman began serving as an Orange County Court judge in 1991. She served 12 years as the County Court administrative judge. She received her juris doctor from Florida State University in 1984, after having earned a bachelor of arts in business administration from Rollins Col- The Hon. Carolyn B. Freeman lege in 1981. Judge Freeman was active in the Orange County Bar, sitting on the Judicial Relations Committee and the Teenage Education Committee. She also served as a member of the board of directors of the Central Florida Chapter of the National Safety Council and as a trainer for the traffic hearing officers.

The Honorable W. Michael Miller took the bench as an Orange County Court judge in 1991. He received his juris doctor from the University of Florida in 1979 and his bachelor of arts in political science from Furman University The Hon. W. Michael Miller in 1975. An active Orange County Bar member, he served as chairman of the County Court Planning and Implementation Committee. He also was a co-founder of the Florida Academy of Professional Mediators and a trainer for the Orange County traffic hearing officers. He created, produced, and moderated Inside the Courts, a community outreach program begun in 1995 that has served as a model for courts in Florida and the entire country.

The Honorable Thomas W. Turner began serving as a circuit judge in 2003.

He served in the Circuit Criminal, Civil, and Juvenile divisions during his tenure. He received The Hon. Thomas W. Turner

www.orangecountybar.org

continued page 28

PAGE 9

Intellectual PropertyCommittee

A Shanti M. Hill, Esq.

The Slants and Redskins: Trademarks, the First Amendment, and the Supreme Court – Can the Government Ban Registration of Trademarks it Deems Disparaging?

s if to ring in football season, the Supreme Court announced in the fall of 2016 that it will hear the case Lee v. Tam and decide whether the refusal to register disparaging trademarks passes First Amendment muster.1 Although Lee v. Tam does not involve football teams (it involves the refusal of the mark THE SLANTS for an Asian American musical group of that name), the case is pertinent to the famous cancellation of the mark REDSKINS owned by the Washington Redskins because it involved the same section of the Lanham Act. First, some background. Federal trademark law, the Lanham Act, is a vehicle parties use to register their trademarks. Benefits of federal registration include access to various remedies, such as the ability to sue in federal court for infringement of the mark. Not all trademarks may be registered. For one, they must be unlikely to cause confusion with existing marks and cannot be “generic.” Neither may they be offensive or disparaging. Section 2(a) of the Lanham Act states the United States Patent and Trademark Office (“USPTO”) cannot register a trademark that “consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”2 Guidance as to how a trademark examiner should interpret Section 2(a) is found in the Trademark Manual of Examining Procedure. To determine whether a mark is disparaging, a trademark examiner considers (1) the likely meaning of the mark, and (2) if that meaning is found to refer to persons, whether a “substantial composite of the referenced group” perceives the mark as disparaging a religion, nation, ethnic group, belief system, and the like.3 Based on Section 2(a), the USPTO refused registration of THE SLANTS and canceled the registration of REDSKINS. Both parties (Simon Tam for THE SLANTS, Pro-Football, Inc. for REDSKINS) argue Section 2(a) violates the right of free speech and is, therefore, unconstitutional. Procedurally, the issue is before the Supreme Court in Tam’s action, Lee v.

Tam, and the REDSKINS case is pending review before the Fourth Circuit Court of Appeals (the Supreme Court denied Pro-Football, Inc.’s special petition for writ of certiorari before judgment).4 Constitutional issues are reminiscent of law school days and dinner party discourse. The REDSKINS and THE SLANTS cases are particularly philosophical because the underlying question is what role the government should play in dictating culture. Is it proper for the government to have a role deciding

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what marks are “offensive” to a “substantial composite of the referenced group?”

The Court of Appeals for the Federal Circuit recognized it was answering a deeper question when it announced, “it is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys.”5 Ultimately, the court vacated the USPTO’s refusal to register The Slants and remanded the case “for further proceedings.”6 The question now is whether the Federal Circuit provided sufficient legal basis for its position on this underlying principle.

The government takes the position that Section 2(a) does not ban free speech. While Simon Tam cannot federally register THE SLANTS, the group is not prohibited from using “The Slants” as their musical group name. Tam believes the refusal to register his mark under Section 2(a) is not only an unconstitutional violation of free speech, but that the law itself is unconstitutionally vague. The vagueness argument is found in the concurring opinion of the Federal Circuit which stated Section 2(a) was unconstitutionally vague because of its inconsistent application across trademark examiners.

It remains to be seen what issues motivated the Supreme Court to accept certiorari in this case, but perhaps it was the way the Federal Circuit applied its standard of review. Governmental regulations which burden private speech are reviewed using strict scrutiny or intermediate scrutiny. Strict scrutiny is used to review government restrictions or burdens on speech which discriminate on the basis of content and viewpoint. These are considered the most constitutionally suspect class of restrictions. Intermediate scrutiny is a more lenient standard reserved for commercial speech. Under intermediate scrutiny, commercial speech may be curtailed by laws directly and materially advancing a significant governmental interest, and which are also narrowly tailored to achieve that objective.7 Strict scrutiny was applied by the Federal Circuit in the Tam case because the majority felt Section 2(a) burdened speech in a manner that was not content and viewpoint-neutral.8 The court held that a law allowing the rejection of marks viewed by a substantial composite of a referenced group as disparaging “cannot reasonably be argued to be content neutral or viewpoint neutral.” The majority opinion further reasoned that strict scrutiny was appropriate because Tam’s speech was expressive, not commercial speech.9 continued page 29

theBriefs January 2017 Vol. 85 No. 1

Orange County Bar Association Election Notice Election of Officers and Members of the Executive Council of the OCBA The following positions are open for election: Vice President/President-Elect (1-year term) Treasurer (1-year term) Secretary (1-year term) June 1, 2017 through May 31, 2018 Three (3) Executive Council Seats (3-year term) June 1, 2017 through May 31, 2020

•

Election of Trustees of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association, Inc. The following positions are open for election: Two (2) Board of Trustee Seats (3-year term) June 1, 2017 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, 2017 through May 31, 2019

• 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 Tuesday, January 31, 2017.

• 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 Wednesday, March 1, 2017. (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, 2017.

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., Friday, March 31, 2017.

• 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.

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 27, 2017. As you make your nomination, please consider those whose work meets the following criteria:

2017 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought

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

We are pleased to recognize again this year individuals in two professions in our community who do not often receive the recognition and gratitude they so

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richly deserve. Recipients of the following two annual awards will also be honored at the OCBA Law Week Luncheon on April 27, 2017: 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 28, 2017.

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.

For further information, contact Bart Vickers (bartley.Vickers@csklegal.com) or Randy Bock (randy@heatwolelaw.com).

www.orangecountybar.org

PAGE 11

VeteransCommittee

M Thomas B. Feiter, Esq., B.C.S.

Military Uniforms at the Courthouse: When is it Appropriate?

ost attorneys who visit the courthouse on a regular basis have probably seen a member of our U.S. Armed Forces in uniform there. Some of us may have even seen them appear before a judge in uniform. You may be thinking to yourself, “Is this okay?” This article offers insight as to when it is acceptable (and unacceptable) for uniformed servicemembers to appear in civilian court.

As a soldier, I usually wonder why some servicemembers appear in uniform at our courthouse.

In fact, I usually take it a step further and engage them to thank them for their service, but also to inquire as to their business at the courthouse while in uniform. Oftentimes it is something innocuous, and perhaps even appropriate, such as a recruiter who is there verifying an applicant’s misdemeanor case dispositions, or a soldier who is just picking up a passport application for her mother during her lunch break.

Many of us may not realize that there is a rather significant presence of military personnel here in Orlando. We have National Guard as well as Army, Marine, and Navy Reserve units in addition to a variety of recruiting offices. Military personnel often have legitimate business with various branches of our local government.

It is this author’s belief that all soldiers, sailors, and marines understand what a privilege it is to serve and that we are held to a higher standard. However, our military is in many ways a microcosm of our civilian society in that we have members who do not always act appropriately. While we all want to honor and respect our servicemembers and veterans, especially during times of ongoing combat operations, where is the line with respect to this issue? The Armed Forces and the Department of Defense (“DOD”) provide publications with guidance.1 Some Germane Facts about Our Military The United States Armed Forces consists of the Army, Navy, Air Force, Marines, and Coast Guard. Each of these branches has both active duty (full-time) personnel as well as reserve duty (part-time) personnel. There is also the National Guard, comprised of the Army National Guard and Air National Guard. Because our uniforms are almost identical, it is impossible for most civilians to ascertain whether a soldier in uniform is active duty, reserve, or National Guard. Active duty personnel are always “on orders” and sub-

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ject to military standards and the Uniform Code of Military Justice (“UCMJ”). Reserve duty personnel and National Guard are always subject to military standards, but only subject to the UCMJ when “on orders.”2 If you have ever seen the movie A Few Good Men, you may recall that everyone is always dressed in the Class A’s or “dress blues” in court – even the judge. But that was a military courtroom on a military base. Would it ever be okay for a servicemember to wear that uniform in a civilian court?

The answer, as you may have guessed, is the same old canned answer we give our clients every day – it depends.

The first question is whether or not the servicemember is active duty or currently on orders.

Active duty service members are on “active duty” every day, all day. National Guard and Reservists can be on orders or activated at any time, but are not always to be considered “on orders.” If the person is not a member of any branch of the Armed Forces or has no status at all, while it may be free speech according to a relatively recent Supreme Court decision,3 it may still be a criminal act of falsely impersonating an officer under F.S. 843.08 or a violation of the New Stolen Valor Act of 2013.4 If the servicemember is active duty or currently on orders, he or she has a statutory right to wear the uniform.

The second question then becomes whether the wearing of it (1) violates any regulation or instruction, or (2) creates a condition that may sway (or implies an effort to sway) the judge or jury. If wearing the uniform violates a regulation or instruction, the servicemember will be subject to disciplinary action, such as a reprimand, which would be reflected in his or her next evaluation report and probably hurt career progression/promotion, or may even result in prosecution.5 If wearing the uniform creates a condition that may sway the judge or jury, the judge may exercise his or her discretion and deny the wearing of the uniform. Naturally, the argument is different if the servicemember is (1) merely a witness in a case (law enforcement officers may wear their service uniforms in civilian court, after all), or (2) a party to a case.

Below is an excerpt from Army Regulation (AR) 670-1, which is entitled “Wear and Appearance of Army Uniforms and Insignia.” Other services have regulations regarding the standards for uni

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form wear, most of which are in virtual lockstep with DOD guidance.6 AR 670-1 states at paragraph 1-10(j): Wearing Army uniforms is prohibited in the following situations: (1) In connection with the furtherance of any political or commercial interests, or when engaged in off-duty civilian employment.

(2) When participating in public speeches, interviews, picket lines, marches, rallies, or public demonstrations, except as authorized by competent authority.

(3) When attending any meeting or event that is a function of, or is sponsored by, an extremist organization.

(4) When wearing the uniform would bring discredit upon the Army.

(5) When specifically prohibited by Army regulations.

Appearing in court as a criminal defendant, for example, is probably the most extreme example of being service discrediting (under paragraph 4 above), compromising the dignity of the uniform, and violating AR 670-1. Another example that is not a direct violation of any regulation or instruction would be an Army officer wearing his uniform in civilian court while jurors heard testimony in a wrongful death suit filed by his father’s estate. Lawyers on the other side filed motions to preclude him from being present in uniform. That matter was found to be within the discretion of the trial judge.7 Members of our Armed Forces serve the people of the United States. Whether they are active duty, reserve, or retired, we all understand that the Army (no matter your position or rank) is a profession, which is the underlying purpose behind AR 670-1: A Soldier’s appearance measures part of his or her professionalism. Proper wear of the Army uniform is a matter of personal pride for all Soldiers. It is indicative of esprit de corps and morale within a unit. Soldiers have an individual responsibility for ensuring their appearance reflects the highest level of professionalism. Leaders, at all levels, have a responsibility for implementing and applying the standards contained in this regulation to ensure the best interests of the Army, including our shared traditions and customs.

In summary, the wearing of the uniform presents to the public the trust given to that individual by the military. Sometimes, the mere wearing of that uniform makes unspoken statements – statements that may not be intended by the servicemember, who is used to wearing the uniform every day. Therefore, this author believes it is appropriate and warranted to give any uniformed servicemember in a civilian courthouse the benefit of the doubt when it comes to the propriety of his or her presentation. The individual may not even want to be there in uniform, especially with the recent targeting of domestically based servicemembers.

But there is nothing at all wrong with approaching the servicemember and engaging him or her in conversation. The servicemember will probably appreciate it, since most people just stare.

And we must never forget that our military serves the people of the United States. We all have the right – even the obligation – to ensure that our military members are comporting themselves to the highest ethical standards.

Thomas B. Feiter, Esq., B.C.S., owns and operates The Fighter Law Firm, P.A., and practices in personal injury and criminal defense. He is also a captain in the U.S. Army JAG Corps Reserve. He is a member of the OCBA Veterans Law Committee and has been a member of the OCBA since 2006.

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Army Regulation (AR) 670-1 and Department of Defense Instruction (DODI) 1334.01, for example.

2 Reserve personnel are “on orders” during normal battle assembly weekends (formerly known as drill weekends) and during annual training (which typically lasts 2 to 3 weeks per year).

3 United States v. Alvarez, 132 S. Ct. 2537 (2012).

4 18 U.S.C.A § 704; H.R. 258 – 113th Congress (2013-2014).

5 Article 92, the Uniform Code of Military Justice, “Failure to Obey Order or Regulation.”

6 See Limitations on the Wearing of the Uniform by Members of the Armed Services at Non-Military Events, Lieutenant Colonel Jeffrey P. Sexton, The Army Lawyer, March 2008.

7 This case occurred in the Common Pleas Court of Miami County, Ohio. The judge ruled that the soldier could wear his uniform because it merely represented his job. See Judge: OK to Wear Military Uniform in Court, Assoc. Press State and Local Wire, 23 Mar. 2006.

1

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www.orangecountybar.org

PAGE 13

Legal Aid SocietyNews

O Mary Anne De Petrillo, Esq.

2017 Pro Bono Preference Form

ur Legal Aid Society has been supported by Orange County Bar members through their contributions of time and money since 1961.

Staff and pro bono attorneys provide thousands of poor residents with access to justice through the court system. Last year, with your help, we served more than 17,000 new clients. Together, we can continue to provide access to the court system for the poor. We can also use legal services to provide the basic necessities of safety and stability required for a self-sufficient citizen. Please help us carry on the tradition of service in 2017.

Please help us provide civil legal assistance. Your legal skills can make a difference in the lives of the families and individuals we serve. You help us address the needs of children, homeless, veterans, and seniors with focus on issues such as foreclosures and protection of victims of violence. With your efforts, we will build a healthier and stronger community.

You can make your pro bono selection online using the link in this article, where you will find a fillable 2017 Preference Form through which you can select cases, projects, or make contributions.

2017 Online Fillable Preference Form: https:// secure.acceptiva.com/?cst=111b5c For additional information, see the 2017 Pro Bono Brochure: http://legalaidocba.org/ documents/2017Brochure.pdf For a downloadable 2017 Pro Bono Preference Form: http://legalaidocba.org/ documents/2017PreferenceForm.pdf If you prefer to be emailed or mailed the forms, please contact Cathy Tucker, Esq., pro bono coordinator, at ctucker@legalaidocba.org, or Milly Gonzalez, assistant pro bono coordinator, at mgonzalez@legalaidocba.org.

Mary Anne De Petrillo, Esq., is the executive director of the Legal Aid Society of the Orange County Bar Association, Inc. She has served the Legal Aid Society for more than 30 years and has been a member of the OCBA since 1973.

Legal Aid Society Volunteer Appreciation Event Every year around Thanksgiving, the staff and board of directors of The Legal Aid Society of the Orange County Bar Association, Inc., gather to honor all their non-attorney volunteers. The volunteers include students, retirees, and community members, all of whom have a passion for helping those in need. The 2016 theme was Volunteers Make Our Hearts Sing, and each volunteer was presented a yellow umbrella reminiscent of “Singing in the Rain.” The Legal Aid Society is fortunate and very thankful to have such a diverse volunteer base that enables Legal Aid to help more individuals every year.

PAGE 14 www.orangecountybar.org

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Legal Aid SocietyNews Legal Aid Society of the Orange County Bar Association President’s Message

I David E. Cannella, Esq.

n Orange County, Florida, we believe that “Equal Justice Under Law” is more than simply an inscription over the bench. For more than 50 years, the members of the Orange County Bar Association have committed themselves to equal justice, regardless of income status, by volunteering their time and by funding our own legal services agency. The lawyers and staff at the Legal Aid Society of the Orange County Bar Association, Inc., and this bar’s panel of pro bono lawyers, provide essential legal services to more than 1,700 new clients every year. We recently celebrated our commitment to providing access to justice at our 2016 Breakfast of Champions in November. Our clients were our featured speakers. If you were unable to attend, or did and have not yet made a donation, please go to www.legalaidocba.org and make a donation to Legal Aid.

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Through our Legal Aid Society and through volunteers like you, the most vulnerable in our society – abused and neglected children, victims of domestic violence, the elderly, and those losing their homes – receive crucially needed legal services. Thank you for your volunteer efforts and for your financial contributions. Your commitment to equal justice under the law reminds us all of why the Orange County Bar Association is the best bar in the world.

David E. Cannella, Esq., a partner at Carlton Fields, P.A., is board certified in business litigation law. His practice is dedicated to complex business litigation. He is president of the Legal Aid Society Board of Trustees and has been a member of the OCBA since 1994.

www.orangecountybar.org

PAGE 15

Legal Aid SocietyNews

T

Pro Bono Attorneys Get Free Training and Online Access to Pro Bono Cases

he Legal Aid Society is proud to offer both live and video trainings for pro bono attorneys in a variety of ways.

Live Trainings Legal Aid offers free lunchtime trainings twice a month on Tuesdays at the Marks Street Senior Center, 99 E. Marks St., Orlando, FL 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 on our website through VIMEO. 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 and see “Trainings” on the horizontal menu. You will see a list of the lunchtime training seminars held in 2015 and 2016.

Access to Online Videos For access to online videos, go to www.legalaidocba.org and see “Trainings” on the horizontal menu. You will find a list of collections, several of which are for guardian ad litem trainings and several for substantive law. A password is not required to view the videos.

Materials from Trainings Each instructor provides materials through handouts and PowerPoint presentations. Some of the materials are available as Word or PDF documents. We have recently added access to these documents through our website.

Access to Online Materials To access online materials, go to www.legalaidocba.org. On the lower right-hand side of the homepage, see “More Legal Aid” and click “Member Login.”

• Enter the login: probono or 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.”

• See choices for Civil Docs, GAL Docs, Trainings.

• Select “Trainings.”

The collections listed match the collections for the videos. Select the collection and then the seminar, and print or download the documents.

Other Documents Following the same login procedure, select “Civil Docs” to find the civil indigent form and pleadings for Chapter 751 cases or for guardianship cases. If you select “GAL Docs,” you can access forms from the GAL program, which are usually included in their initial referral packages. These are now available 24/7 from the website.

Online Access to Pro Bono Cases Legal Aid is happy to provide pro bono attorneys access to their cases, open and closed, and time records with Legal Aid’s pro bono program.

You can also look at the cases available in your designated areas of interest.

If you are an attorney participant in the Legal Aid pro bono program and are interested in a particular type of case, please email Cathy Tucker, Esq., Pro Bono coordinator, (ctucker@legalaidocba.org). The email address you use will be the official email on your record. We require an email and not a phone call or message since your email will provide you access to confidential client information. If you are interested in joining our pro bono program and participating in the online work, please contact us as well.

Your login and password will be mailed to you. After you login the first time, you must change your password. It must be 7 digits with at least one number and one letter. You are the only one who will have this; if you forget your password, it will need to be reset

by Legal Aid staff during regular business hours.

The website is: https://lasocba.legalserver.org Your login and password will be included in the email response to your request.

If you have questions, please contact Cathy Tucker, Esq., Pro Bono coordinator (ctucker@legalaidocba.org); Milly Gonzalez, assistant Pro Bono coordinator (mgonzalez@legalaidocba.org); Marilyn Carbo, Pro Bono specialist (mcarbo@legalaidocba.org); or Janis Mason, referral assistant (jmason@legalaidocba.org). If you have questions, especially about GAL work, please contact Bethanie Barber, Esq., GAL program director (bbarber@legalaidocba.org); Cheryl Nicholson, executive assistant (cnicholson@legalaidocba. org); or Michelle Erazmus, GAL legal assistant (merazmus@legalaidocba.org).

Submitted by the Legal Aid Society of the Orange County Bar Association, Inc. For additional information, please contact Pro Bono coordinator Cathy Tucker, at ctucker@legalaidocba.org.

PAGE 16 www.orangecountybar.org

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in the black box under the list of titles, don’t put the meeting time.

Legal Aid Society of the Orange County Bar Association, Inc. 2017 Free Lunchtime Learnings / CLE Applied for All Marks St. Senior Center |||| 99 E. Marks St., Orlando, FL 32803 January 10, 2017

11:00 a.m.-2:00 p.m.

GAL 101

January 24, 2017

11:00 a.m.-2:00 p.m.

VAC Training

February 7, 2017

11:00 a.m.-2:00 p.m.

Advocating for Children with Autism – Special Considerations and Local Resources

February 21, 2017

11:00 a.m.-2:00 p.m.

The Intersection of Human Trafficking and Dependency: Protecting Child Victims

March 7, 2017

11:00 a.m.-2:00 p.m.

Delinquency

March 21, 2017

12:00 p.m.-2:00 p.m.

Landlord / Tenant Law

April 4, 2017

11:00 a.m.-2:00 p.m.

Early Childhood Specialty Court

April 18, 2017

12:00 p.m.-2:00 p.m.

Family Law Discovery and Trial Prep

May 9, 2017

11:00 a.m.-2:00 p.m.

TPR Training

May 23, 2017

12:00 p.m.-2:00 p.m.

Family Law Issues

June 6, 2017

11:00 a.m.-2:00 p.m.

Serving Dependent Children with Developmental Disabilities

June 20, 2017

12:00 p.m.-2:00 p.m.

Defenses to Debt Collection and Garnishment

July 11, 2017

11:00 a.m.-2:00 p.m.

Keeping Children Safe Act / Sex Abuse & Chapter 39

July 25, 2017

12:00 p.m.-2:00 p.m.

Guardianship of the Person

August 8, 2017

11:00 a.m.-2:00 p.m.

Suitability Assessments

August 22, 2017

12:00 p.m.-2:00 p.m.

Panel on Ethics Issues for Pro Bono Attorneys

September 12, 2017

11:00 a.m.-2:00 p.m.

Equipping Children with Emotional Tools for Testimony, Reunification, and Parental Separation

September 26, 2017

11:00 a.m.-2:00 p.m.

Restoration of Rights

October 3, 2017

11:00 a.m.-2:00 p.m.

Adoption via Dependency Court

October 17, 2017

11:00 a.m.-2:00 p.m.

Family Law Issues

November 7, 2017

11:00 a.m.-2:00 p.m.

Impact of Early Childhood Trauma

November 14, 2017

12:00 p.m.-2:00 p.m.

TPS from Qualified Countries

December 5, 2017

11:00 a.m.-2:00 p.m.

TOPIC: TBD

December 12, 2017

12:00 p.m.-2:00 p.m.

Technology for Pro Bono Attorneys

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. theBriefs January 2017 Vol. 85 No. 1

www.orangecountybar.org

PAGE 17

Judge John Kest, who conducted the Brown Bag Lunch seminars for seven years, receives an award of recognition from Wiley S. Boston, Esq., OCBA President

David Cannella, Esq., Legal Aid Society President Natly Torres-Alvarado, Esq.

Honorees of the Veterans Advocacy, Legal Outreach and Representation (“VALOR”) Project of the Legal Aid Society: Mexcye Roberts, Esq.; Margaret Douidy, Esq.; Robin Lee Lesser, Esq.; Tommy Boroughs, Esq.; Jamos Mobley, Esq.; Adriana Olivares, Esq.; Emery Rosenbluth Jr., Esq.; Wendy Toscano, Esq.; Barton Mercer, Esq. Not pictured: Fallon Gomez, Esq.; Timothy Hughes, Esq.; Louise Zeuli, Esq.

Judge Frederick Lauten Kirsten C. Teany, Esq.

David Cannella, Esq., Tommy Boroughs, Esq. Emery Rosenbluth Jr.,Esq.; Donna Haynes; Joan Matthews, Esq. PAGE 18

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theBriefs January 2017 Vol. 85 No. 1

OCBA October Luncheon October 27, 2016

The Ballroom at Church Street Andrae Bailey, Former President & CEO Central Florida Commission on Homelessness Sponsored by Data Analyzers, First Green Bank, Lexis Nexis

Judge Frederick Lauten, Chief Judge, Ninth Judicial Circuit; Andrae Bailey, Central Florida Commission on Homelessness

Brett Renton, Esq. YLS President

Andrae Bailey

Florida Senator David Simmons

Eric Eisnaugle, Esq. (center) presents check from his campaign fund to the OCBA Foundation. Mark Buckles, Esq.; Eric Jontz, Esq.; Wiley Boston, Esq.; Camara Williams, Esq.

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Camara Williams, Esq. OCBA Foundation President

www.orangecountybar.org

Photos: Flo Boehm

PAGE 19

PAGE 20

www.orangecountybar.org

theBriefs January 2017 Vol. 85 No. 1

2016 Past Presidents Dinner

November 15, 2016

DoveCote Brasserie Sponsored by First Green Bank

Photos: Flo Boehm

theBriefs January 2017 Vol. 85 No. 1

www.orangecountybar.org

PAGE 21

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

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

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

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• Medical Board Cases

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PAGE 23

THE ART OF THE REFERRAL

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ParalegalPost

A New Year and a New Resolve

H Laurilyn Cook-Arrington, FRP

appy New Year to all my colleagues in our Central Florida legal community! I am honored to have been chosen to write the first “Paralegal Post” article for 2017.

As we usher in 2017, we look back at a year full of tragedies and triumphs. Our community will be forever changed as a result of the shocking and horrific events of the Pulse nightclub shootings.

But in the aftermath of this incident, we have seen an unprecedented outpouring of compassion and a call for unity, harmony, and acceptance from our community. In addition, we elected a new president and effectuated changes in our government nationally, statewide, and locally. Beginning this new year not only do we see hope alive and well, but there is a renewed motivation to make our community better, stronger, and safer.

More inspiring, however, is a collective, unspoken movement (a “fervor” if you will) to make everything that we do “matter.” We have become a kinder, gentler community that is now keenly aware of the changes society needs to make in order to protect ourselves and our rights.

So, instead of the usual educational article, I would like to use this opportunity as a forum.

With this article, I hope to start a conversation about how the legal community can support and reinforce the goals of making our community better, stronger, and safer in 2017.

As a paralegal and a member of the legal community, I recently wondered whether what I do actually “matters” in the big scheme of things.

Paralegals are sometimes tasked with mundane, routine, or repetitive projects that can take hours, weeks, or even months to complete. We compile, review, and organize thousands of documents or records; conduct hours of legal or medical research; handle endless investigations; and draft the same pleadings repeatedly. At times, it is easy for us to doubt the value of our painstaking efforts and feel as though our efforts do not actually contribute to the final outcome. However, we need to realize that each seemingly inconsequential task we undertake makes that final outcome possible. The documents you organize and compile might enable your attorney to win a case at

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www.orangecountybar.org

trial. The case law you found might result in a favorable ruling for your firm’s client. Your efforts may have helped fight an eviction of an elderly person or facilitated a client’s fight to seek redress for injuries or the loss of a loved one. Perhaps your work helped defend a doctor wrongly accused of malpractice or made it possible to prove that a corporation was not liable for some type of class action claim. Maybe your investigation helped protect a child from abuse or neglect. All those long hours and meticulous examination of contracts, records, and other documents helped find the evidence to support the pretrial resolution of longstanding business disputes or prevail at mediation. Whether it is a child that we end up protecting or a family that is compensated for its loss, we touch lives every day! Paralegals are part of a team comprised of attorneys and other legal staff, and our endeavors are all crucial pieces of a much larger puzzle. Without all of those pieces, we cannot complete the picture. So, the answer is yes! Everything we are tasked with, no matter how routine, “matters” in the end. It matters in many ways, to many people, or sometimes to only one person.

The legal profession affords us a real opportunity to make our community better, stronger, and safer by virtue of the work we do every day. For that reason, I have decided that my New Year’s resolution will be to appreciate the value of each task I undertake, to put forth my absolute best work product, and not to doubt that what I do every day actually matters. I would like to challenge my colleagues to do the same this year, and, in doing so, help to make 2017 a year in which you feel that you have made a difference!

Happy New Year!

Learn from yesterday, live for today, hope for tomorrow. The important thing is not to stop questioning.

–Albert Einstein Laurilyn Cook-Arrington, FRP, is a paralegal with Weinberg, Wheeler, Hudgins, Gunn & Dial. She has been a member of the OCBA since 2016.

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YLS PhotoOps YLS Gator bus trip and tailgate with Jacksonville Bar

Fourth annual Halloween party at the Women’s Residential Counseling Center

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theBriefs January 2017 Vol. 85 No. 1

YLS on the move

T

Jennifer A. Smith, Esq.

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

On Saturday, October 15, 2016, YLS members hopped on the bus for our annual Gator football bus trip. YLS members tailgated with the John Marshall Bar Association for the UF v. Missouri game and, as always, fun was had by all. Thanks to Joey Chindamo, Esq., for a great time!

On Friday, October 21, 2016, YLS kicked off its mentoring program at our monthly luncheon at the Citrus Club. Tony Sos, Esq., former YLS president and 2015 winner of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award, made introductory remarks, and then mentors and mentees enjoyed the ability to network and socialize.

YLS hosted its fourth annual Halloween party at the Women’s Residential Counseling Center (“WRCC”) on October 27, 2016. 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 treated them to a wonderful evening of games, candy, and other Halloween treats. Volunteers also performed a mock trial to teach the children about our courts system. As part of the ABA’s Pro Bono Week, and 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 law, and criminal law.

November 9, 2016, found YLS members gathered for a happy hour at Harry Buffalo. As part of our community service initiative benefiting the Central Florida Basket Brigade, YLS members raised money, donated food, and created baskets to be delivered before Thanksgiving to local community members in need. On November 19, YLS members paired with community leaders to organize and distribute the baskets. Thanks to Amber Williams, Esq., for chairing this event.

At our November lunch, Mark Wilson, CEO and president of the Florida Chamber of Commerce, spoke about a “Changing Florida.” Mark talked about the changing Florida landscape in terms of our citizenry, businesses and industries, and client base through the year 2030. YLS members were intrigued and informed about local developments in commerce.

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Mark your calendars for these upcoming events: January 10, 2017 – Holidays All Year Long Happy Hour from 5:30 p.m. to 7:30 p.m. at Saddle Up in downtown Orlando. Proceeds from the happy hour and silent auction will be used to purchase gifts for children. See details below.

January 20, 2017 – YLS January Luncheon with speaker Diane Crews, president and CEO of Sanford Airport Authority. Luncheons are from 12:00 p.m.-1:00 p.m. (check in from: 11:30 a.m11:55 a.m.) at the Citrus Club. To RSVP, you may buy your ticket online at the OCBA store, or via email to Rachel Lowes, Esq., at yls.ocba@ gmail.com and bring cash, check, or a credit card (for a small fee) to pay at the door. A late charge of $5 will be added for all RSVPs made after Jan. 18. For a three-course meal, the cost is only $10 for all attendees thanks to our amazing sponsors: U.S. Legal Support, LexisNexis, and Nick Buoniconti Mediation Services.

January 21, 2017 – Charity Putt Putt Tournament in downtown Orlando from 11:30 a.m.-2:00 p.m. Nine downtown watering holes, starting at Sideshow and continuing to Bar B, Stagger Inn, Swiggs, Underground Public House, Chillers, Latitudes, and Ferg’s Depot. Fee for a team of 4: $100; for individuals: $25. Individuals will be placed on a team prior to the event. Sponsorships are available for $350. The registration deadline is Jan. 19. Register at the OCBA store. Proceeds from this event will be used to fund YLS charitable programs.

For details, please contact Miguel Acosta, Esq., (lito923@aol.com), Keith Kanouse, Jr., Esq., (keith.kanouse.jr@gmail.com), or Brett Renton, Esq., (Brenton@shutts.com).

January 28, 2017 – Holidays All Year Long Holiday Party from 9:30 a.m. to 11:45 a.m. for children at the Orlando Children’s Church (First Baptist Maitland Campus), 1950 Mohican Trail, Maitland, Florida 32751. Gifts purchased from the proceeds raised at the January 10, 2017, Holidays All Year Long Happy Hour will be distributed to kids at this very special holiday event.

February 25, 2017 – 2017 OCBA Gala at the Winter Park Racquet Club. See the ad on page 7 in this issue of The Briefs. Purchase your tickets online at the OCBA store.

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

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Chief’s Column continued from page 9

juris doctor from Wayne State University in 1974 and his bachelor of arts in political science from Ball State University in 1969.

Judge Turner was an active member of the Orange County Bar and the George C. Young First Central Florida American Inn of Court. He spearheaded efforts to establish the K-9th Circuit Program, which uses dogs to provide comfort and a sense of security to children who must undergo forensic interviews or testify in court.

When I reflect on the careers of our five retiring judges, I am struck by the knowledge they brought to the bench and the wealth of experience they accumulated throughout their service. They will leave an indelible mark on our circuit, and their departure will be an incredible loss for us. On behalf of the judges and staff of the Ninth Circuit, I thank them for the years of service they gave us, and I wish them all the best as they enter the next phase of their lives – well-deserved retirement. We will miss you all dearly.

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

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Intellectual Property Committee continued from page 10

The court acknowledged that while THE SLANTS as a musical group name was an expressive form of speech, some trademarks naturally involved commercial speech. Even applying intermediate scrutiny, the court held the government was not “directly advancing” a significant governmental interest in promoting racial tolerance. The court noted the government’s argument was undermined to the extent it suggested the denial of Tam’s registration would have no meaningful effect on The Slants’ ability to use its disparaging mark (use itself is not prohibited, only registration). As if somewhat defeated, the court also pointed out that racial intolerance “abounds.”

A dissent-in-part filed by circuit judge Dyk would have applied intermediate scrutiny. Circuit judge Dyk believed Section 2(a) was viewpoint-neutral because the government “was not attempting to give one group an advantage over another in the marketplace of ideas.”10 Circuit judge Reyna prepared a separate dissent adding that intermediate scrutiny should have been applied in no uncertain terms because the Supreme Court had previously held that trademarks are “a form of commercial speech and nothing more.”11 It will be interesting to see whose side the Supreme Court takes in this matter. In the recent 2015 decision Reed v. Town of Gilbert,12 the Court stated laws “that target speech based on its communicative content” are “presumptively unconstitutional.” Other cases have upheld offensive speech on First Amendment grounds.

Also interesting are the types of amicus briefs filed in this matter. Most of them side with the Federal Circuit on the issue of free speech and the registration of “disparaging” trademarks. Interestingly, an organization named “Public Knowledge” filed an amicus brief in support of neither party, urging the Court to consider the effect of its ruling as precedent in future denials of registration. The brief pointed out that the free speech rights of the mark holder needed to be weighed in favor of the free speech rights of the public, as the registration of a trademark in and of itself curbs speech of people other than the mark holder to use the mark. In that brief, it was stated:

ers, and in the information era, do disparaging marks have a way of drowning out positive messages on the Internet and beyond? Who decides what is “positive”? Indeed, every generation fears the sliding morals of the next generation. To quote a famous Socrates quip, The children now love luxury. They have bad manners, contempt for authority; they show disrespect for elders and love chatter in place of exercise.

These are no doubt all issues and topics consciously or subconsciously before our Supreme Court. It will be interesting to see how this generation of Justices will decide.

Shanti M. Hill, Esq., is a registered patent attorney with Beusse Wolter Sanks & Maire PLLC and chair of the Intellectual Property Committee of the Orange County Bar Association. She represents clients in matters involving patents, trademarks, copyrights, and all other forms of intellectual property. She has been a member of the OCBA since 2013.

Certiorari granted, Lee v.Tam, 2016 U.S. LEXIS 4462 (U.S., Sept. 29, 2016).

15 U.S.C.S. § 1052(a).

3 T.M.E.P. Ch. 1203.03(b)(i).

4 Pro-Football, Inc. v. Blackhorse, No. 15-1311, 2016 U.S. LEXIS 4855 (Oct. 3, 2016).

5 In re Tam, 808 F.3d 1321, 1327 (Fed. Cir. 2015) (emphasis added).

6 The USPTO has since suspended applications which would have previously triggered Section 2(a) refusals, pending the Supreme Court’s ruling.

7 In re Tam at 1355.

8 Id. at 1334-1335; 1355.

9 Id. at 1355.

10 Id. at 1372.

11 Id. at 1376 (citing Friedman v. Rogers, 440 U.S. 1 (1979)).

12 Reed v.Town of Gilbert, 135 S. Ct. 2218 (2015).

13 Brief for the Public Knowledge as Amicus Curiae, 2016 U.S. LEXIS 4462 (U.S., Sept. 29, 2016).

1 2

Emphasizing only the rights of trademark owners without considering the public interest in free expression may disrupt safeguards in place to accommodate the First Amendment. For example, unilaterally wielding the First Amendment to protect trademark applicants could undermine the PTO’s ability to deny descriptive or generic marks, which is critical to maintaining free speech. Future cases may present a circumstance where denial is justified by a different, and likely substantial, government interest, such as denying descriptive or misleading marks. In these cases, the PTO must make content-based distinctions in deciding whether to grant a trademark.13 This amicus went on to argue that the case may serve as important precedent in future challenges to other denials of marks, and that the Court should be careful to craft a clear rule in its deciding opinion.

As for the Redskins, they will continue to be sidelined. Pro-Football, Inc. filed a brief seeking to join the Slants case, wherein it argued it was in a better position to present First Amendment issues to the Supreme Court. Pro-Football, Inc. pointed out Tam’s Federal Circuit appellate brief was well below the page limit and, in its opinion, failed to present all the salient First Amendment jurisprudence.

However, the team’s request was extraordinary. It petitioned the Supreme Court for “certiorari before judgment,” which would have allowed Pro-Football, Inc. to proceed directly to the Supreme Court, even though the Fourth Circuit had yet to rule on its appeal. As mentioned previously, that request was denied.

A broader question in this litigation is what role our government should play in creating culture. Brands have a way of gaining followtheBriefs January 2017 Vol. 85 No. 1

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Hearsay...

The new year stands before us, like a chapter in a book, waiting to be written. We can help write that story by setting goals. – Melody Beattie

W Vanessa A. Braga, Esq.

elcome back, “Hearsay”! It’s that time of year where we consider making changes in the form of New Year’s resolutions. The changes may be as simple as laying out your outfit the night before or as complex as the perpetual fitness goals. As you reflect on your past year, some of which may include professional resolutions, I urge you to set an example for the newest OCBA members. And without further ado, here are some of the OCBA members who have either made admirable contributions to their communities or have achieved professional recognition.

Awards, Accomplishments, and Professional Recognitions Ian L. Gilden, Esq., of Ian L. Gilden, P.A., was selected as a Florida Trends Legal Elite for wills, trusts, and estates. The Florida Trend’s Legal Elite, which is now in its thirteenth year, is comprised of a distinguished group of 1,144 lawyers, who have been recognized by their peers for excellence in the profession. Congratulations!

Bravo to Jennifer A. Smith, Esq., of Southern Trial Counsel. She received the 2016 Client Satisfaction Award in the Best Female Attorneys category for Central Florida from the American Institute of Legal Counsel. The selection is made based on client satisfaction, industry leadership, awards, associations, publications, speaking engagements, and education.

Justin M. Luna, Esq., of Latham, Shuker, Eden & Beaudine, LLP, has been certified in business bankruptcy law by the American Board of Certification, which is a non-profit organization dedicated to certifying attorneys as specialists in business bankruptcy, consumer bankruptcy, and creditors’ rights law. It is committed to providing progressive and responsible leadership in the field of legal specialization.

Joseph R. Fitos, Esq., a shareholder in the Orlando office of GrayRobinson, was awarded an “AV Preeminent” rating by Martindale-Hubbell, which represents the highest accolade an attorney can receive for legal ability and adherence to professional standards of conduct.

It’s not every day that our colleagues publish a book! Dennis J. Wall, Esq., recently published his fourth book, Insurance Claims and Issues, which explores the insurance aspects of news topics. Dennis has thirty-eight years of experience leading corporations, policyholders, managing general agents, and insurance companies.

Leadership in the Community Barbara J. Leach, Esq., of Barbara Leach Law,

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PL, was appointed to the 2017 ABA TECHSHOW Planning Board, a ten-member board that is focused on bringing useful and practical technology to the ABA conference, which will be held from held March 15 to 17, 2017, in the Windy City – Chicago. Congratulations, and way to represent the OCBA. Andrew V. Layden, Esq., of BakerHostetler’s Orlando office, was appointed to the Local Rules Lawyers’ Advisory Committee for the U.S. Bankruptcy Court for the Middle District of Florida.

Andrew practices primarily in the areas of bankruptcy and creditor’s rights. Fantastic!

Congratulations to Cecelia Bonifay, Esq., a partner in the Orlando office of Akerman LLP, for her appointment as secretary/treasurer of the Orlando Economic Development Commission for 2016-2017. The commission is a not-forprofit, public-private partnership. Its mission is to aggressively attract, retain, and grow jobs for the Orlando region, which includes Orange, Seminole, Lake, and Osceola counties, and the City of Orlando, by supporting efforts to improve its national and global competitive position.

Thomas A. Cloud, Esq., a shareholder in GrayRobinson’s Orlando office, has been appointed to serve on the 2016-2017 Florida League of Cities Energy, Environment & Natural Resources Legislative Policy Committee, which is comprised of volunteers from across the state. The committee addresses pertinent policies that are specific to municipal concerns. Thomas has been practicing local and state government, utility and land use, and environmental law for the past three decades.

Christopher T. Dawson, Esq., who is an associate in GrayRobinson’s Orlando office, was appointed to the James Madison Institute Central Florida Board of Advisors. Each board of advisors is comprised of influential and diverse leaders who engage others in the community and serve as ambassadors on behalf of the institute. Christopher was a JMI Leaders Fellow from 2015-2016.

Thomas H. Tukdarian, Esq., of Thomas H. Tukdarian, Esq., was elected chairman of the board of directors of the Edgewood Children’s Ranch, which is a non-profit, live-in facility that provides spiritual guidance, academic remediation, and behavioral training to children and teens. The Edgewood Children’s Ranch has been providing these services since 1966.

Atheseus R. Lockhart, Esq., a shareholder with Meier, Bonner, Muszynski, O’Dell, & Harvey P.A., was awarded the designation of certified litigation management professional after his successful completion of CLM’s Litigation Management Institute at Loyola University Chicago School of Law.

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On the Move Congratulations to the following individuals who have been promoted in their respective firms: Derek E. Bruce, Esq., was promoted to managing shareholder of the Orlando office of Gunster. Derek practices in the areas of environmental and land use law, government affairs law and lobbying, and hospitality and leisure. F. Ryan Waters, Esq., who practices in the areas of health care, banking and finance, and litigation, was promoted as a shareholder in the Orlando office of GrayRobinson.

Craig F. Novick, Esq., and Jonathan C. Squires, Esq., also of GrayRobinson’s Orlando office, were both promoted to the position of senior associate. Craig practices in the areas of labor and employment, insurance defense, higher education, and litigation. Jonathan practices banking and finance, exempt organizations, health care, international, land use law, real estate, and taxation law.

Elizabeth J. Anderson, Esq., and Jessica K. Hew, Esq., have opened the law firm of Anderson Hew PLLC. Anderson Hew PLLC is available to help clients in myriad real estate, bankruptcy creditor protection, and Internet law issues. Congratulations, and we wish both of you success in your new practice!

Vincent A. Citro, Esq., has joined the Law Offices of Mark L. Horowitz, P.A. and will be focusing on white collar defense. Kimberly A. Ashby, Esq., experienced in the areas of appellate, business litigation, construction, and dispute resolution, joined the Orlando office of Foley & Lardner LLP, as a partner. Jennifer A. Hostetler, Esq., has joined Winderweedle, Haines, Ward & Woodman, P.A., practicing trust and estates, probate, and corporate law. Anthony J. Diaz, Esq., has joined CPLS, P.A., as a partner and will focus on family law, trust and estate litigation, and mediation/arbitration. Hae

Jung Kim, Esq., has joined Hill Rugh Keller & Main, P.L., as an associate in the firm’s construction litigation department.

Thank you to those individuals who continue to send “Hearsay” news month after month. I encourage you to send “Hearsay” updates to vanessa.braga@qpwblaw.com.

Good luck with choosing your New Year resolutions. I wish you all the best in continued success throughout 2017. See you in February!

Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of premises liability, nursing home and assisted living defense litigation, and medical malpractice defense. She has been a member of the OCBA since 2014.

PhotoOps Regional Moot Court Competition The University of Central Florida hosted the American Moot Court Association’s annual South Atlantic Regional Moot Court Tournament again this year, with sessions being held on the UCF campus as well as at Florida A&M University on November 5 and 6, 2016.

Many OCBA judges and attorneys volunteered to judge this highly regarded student competition.

Hon. Andrew Cameron and Hon. Tina Caraballo, Orange County; Hon. Robert Hodges, Marion County Circuit Court; Benjamin Boylston, Esq.; Fermin Lopez, Esq.

Judges gather in the conference room for last minute prep.

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PhotoOps Celebrating Major McKeown’s Return The OCBA’s Veterans Committee members threw a homecoming luncheon for Major Everett McKeown, the committee’s chair, at their November meeting. Everett recently returned from his deployment to Afghanistan. Everett (center) appears glad to be back among his OCBA colleagues, among whom is the acting chair, Tom Feiter, Esq., (in suit on Everett’s right). Welcome home, Major, and thanks for your service to our country!

Orlando Pride OCBA and Legal Aid Society staff, officers, and bar volunteers distributed information about legal services at the Come Out With Pride event at Lake Eola in November. The daylong festival and parade celebrated diversity and honored the victims of the mass shooting at Pulse nightclub on June 12, 2016. Liz McCausland, Esq., OCBA president elect, expressed pride in “being a member of a bar association that not only assists in tragedy but also provides services in times of individual need. Hopefully our participation in Orlando Pride lets members and friends of the LGBTQ community know that we are nearby, and that they can turn to us when they need legal assistance.” Shown are Michael Krug; Marie West; Liz McCausland, Esq.; Kim Homer, Esq., OCBA executive director.

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fs January 2017 Vol. 85 No. 1

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Save the Date!

Thursday February 2, 2017 5:30 PM - 8:30 PM Winter Park Farmers’ Market 200 W. New England Ave. Winter Park, FL 32789 Craft beer by Black Cauldron Brewing Appetizers by Every Occasion Catering Raffle – you must be present to win! $15 – OCBA Members $25 – Non-members RSVP by January 31, 2017 at the OCBA Store Sponsored by: Men’s Divorce Law Firm U.S. Legal Support

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theBriefs January 2017 Vol. 85 No. 1

Events Feb. 2 – Winter Wine & Cheese Social. Social Committee.

5:30 p.m.-8:00 p.m. Winter Park Farmers’ Market, 200 W. New England Ave. Sponsored by Men’s Divorce Law Firm and U.S. Legal. Register by Jan. 31 at the OCBA Store. See ad on page 33 in this issue of The Briefs.

Feb. 25 – 2017 OCBA Gala. Laissez les Bons Temps Rouler!

Social Committee. 7:00 p.m. Winter Park Racquet Club, 2111 Via Tuscany. Join us for a fabulous night of New Orleans-style food, music, and fun! Fee: $125 per person for registration by Feb. 11; $150 per person beginning February 12. Register at the OCBA Store. See ad on page 7 in this issue of The Briefs.

Sponsorships are still available. Please contact Karen Persis at karen@karenpersis.com, or Amber Davis at adavis@bwsmiplaw.com.

Seminars Jan. 10 – GAL 101. LAS Lunchtime Training. 11:00 a.m.-2:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Leigh Anne Vancol, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Jan. 12 – How to Handle the Vocational Expert Prior to the Hearing, at the Hearing and After the Hearing. Social Security Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: CLE: 1.0 (approved). Free (OCBA members); $15 (non-members). Speaker: James Auffant, Esq. Register by Jan. 10 at the OCBA Store.

Jan. 13 – From the Newlywed to the Nearly Dead: The Interaction of Family Law and Estates and Trusts. Family Law & Estate, Guardianship & Trust Committees.12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 wills, trusts, and estates (approved). Free (OCBA members); $15 (non-members).

Speaker: Amber Jade Johnson, Esq. Sponsored by: Family Law Software. Register by Jan. 11 at the OCBA Store.

Jan. 24 – VAC Training. LAS Lunchtime Training. 11:00 a.m.2:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Mexcye Roberts, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Jan. 27 – How to Compel Surrender of Real Property in Bankruptcy. Bankruptcy Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speakers: Jonathan Sykes, Esq.; Robert Branson, Esq. Register by Jan. 25 at the OCBA Store.

Jan. 31 – Orange County Discovery Portal Training. Criminal Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: CLE: 1.0 (pending). Speaker: Ryan Vescio, Esq. Register by Jan. 28 at the OCBA Store.

Feb. 2 – Federal Traps for State Court Practitioners. Appellate Practice Committee Major Seminar. 11:30 a.m.-4:30 p.m.

OCBA Center. CLE: 4.5 (pending). $40 (members); $50 (nonmembers) and $25 (gov’t/student). Speakers: Hon. John An-

toon; Hon. Rand Wallis; Hon. James Edwards; Michael Brownlee, Esq.; Lisabeth Fryer, Esq.; Amie Kozan, Esq.; Jamie Billotte Moses, Esq.; William “Bill” Ponall, Esq.; Nicholas Shannin, Esq.; Anthony Sos, Esq.; Elizabeth Wheeler, Esq., Register by Jan. 31 at the OCBA Store.

Feb. 3 – Overview of E2 and L1 Visas. Immigration Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 immigration and nationality law (approved). Free (OCBA members); $15 (non-members). Speakers: Lisa Khan, Esq.; Euribiades Cerrud II, Esq. Register by Feb. 1 at the OCBA Store.

Feb. 7 – The Ethics of Pro Bono Representation for Patent Practitioners. Intellectual Property Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 ethics (approved). Free (OCBA members); $15 (non-members). Speaker: Dana Vouglitois, Esq. Register by Feb. 5 at the OCBA Store.

Feb. 7 – Advocating for Children with Autism: Special Considerations and Local Resources. LAS Lunchtime Training.

11:00 a.m.-2:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Sally McArthur, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 16 – Professionalism in Negotiation: Transactions, Litigation, and Mediation. Professionalism Committee Major Seminar. 9:00 a.m.-2:00 p.m. OCBA Center. CLE: 5.0, including 2.0 ethics (pending). $40 (OCBA members); $50 (non-members); $25 (gov’t/student). Speakers: Hon. Alice L. Blackwell; Hon. John M. Kest; Hon. Donald A. Myers, Jr.; John Y. Benford, Esq.; Keshara Davis Cowans, Esq.; Debra J. Davis, Esq.; R. David de Armas, Esq.; Andrew P. Felix, Esq.; James F. Goldsmith, Esq.; Barbara J. Leach, Esq.; Patricia Ann Toro Savitz, Esq.; Julie E. Walbroel, Esq.; Jonathan D. Wallace, Esq. Register by Feb. 14 at the OCBA Store.

Feb. 20 – How to Keep the Wolves Away from Granny’s Door: Using Bankruptcy to Help Elders on Fixed Incomes, Stopping Creditor Harassment, and Dealing with the IRS. Elder Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speakers: Elizabeth McCausland, Esq.; Charlie Price, Esq. Register by Feb. 18 at the OCBA Store.

Feb. 21 – The Intersection of Human Trafficking and Dependency: Protecting Child Victims. LAS Lunchtime Training. 11:00 a.m.-2:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Doris E. Mackey, GAL care coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 24 – TBD. Bankruptcy Law Committee. 12:00 p.m. OCBA Center.

An n o unce ments

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Ne w M e mb e r s

Attorneys

Jeffrey Aaron Ryan C. Abernethy Courtney Abrahams Andrew B. Albaugh Christie C. Arnold Nicole L. Ballante Brent N. Bartlett Kelly V. Beattie Jacqueline M. Bertelsen Matthew D. Best Chelsea N. Bogdan Patrick Brackins Jeremy A. Brown Stephanie A. Calcote Masha Ciampittiello Nancy Conicella Jennings B. Cooksey Jonathan R. de Armas

Jason P. Del Rosso Brian T. Dunmire Chad Frost Sarah Y. Guo Shaunda T. Hill Christiana N. Hires Merrilyn E. Hoenemeyer Lauren M. Jablonski Andrew B. Jaffe Paul R. Khan Neda Khosravani Hae J. Kim Stephen G. Knight Craig J. Malatesta Steven H. Meyer Juliette A. Mistral Clay Patterson David K. Rader Tamieka Range

Tara P. Schlairet Kellen R. Simmons Robert D. Sowell Thomas A. Spencer Steven R. Strickland Robert N. Sutton Tyler J. Swift Courtney N. Walmer William J. Wieland II Gregory Zele

Felecia F. Epps Taneka M. Manuel

Law Students

Associates Ernest Baello Vaneskha Hyacinthe Jessica E. Justicia-Soto Jason A. Ross

Affiliates

Bryan J. Birmele Supatra Cooper Holley Knapik Alan J. LaCerra Nicholas Mitchell Michael J. Neusaenger Marvin R. Rannells John V. Scatuorchio Vanessa M. Uphoff Ross J. Wolfe Chloe Zubkin

Paralegal Student Laura L. Cepero

Meybelin Barrera Lori L. Campbell

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

McDonald Toole Wiggins, P.A. Frank A. Hamner, P.A. Allen, Norton & Blue, P.A. McMichen, Cinami & Demps PLLC Gasdick Stanton Early, P.A. Amy E. Goodblatt, P.A. McMillen Law Firm, P.A. Giles & Robinson, P.A. Anderson & Ferrin, Attorneys at Law, P.A. McShane & McShane Law Firm, P.A. Harris Harris Bauerle Ziegler Lopez Anderson Hew, PLLC Meenakshi A. Hirani, P.A. Heatwole Law Firm, P.A. Arwani Nava Law Firm, PLLC Meglino Morse Law, LLC Higley & Szabo, P.A. Banker Lopez Gassler P.A. Men’s Divorce Law Firm Hilyard, Bogan & Palmer, P.A. Benitez Law Group, P.L. Morgan, White-Davis & Martinez, P.A. Hornsby Law Beshara, P.A. Murphy & Berglund, PLLC Infocus Family Law Firm, P.L. Billings, Morgan & Boatwright, LLC Murrah Doyle & Wigle P.A. Jill S. Schwartz & Associates, P.A. Bodiford Law Group N. Diane Holmes, P.A. Burr & Forman Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. O’Mara Law Group Carr Law Firm, P.A. Ossinsky & Cathcart, P.A. Korshak & Associates, P.A. Cole, Scott & Kissane, P.A. Provencher & Simmons, P.A. Kosto & Rotella, P.A. Colling Gilbert Wright & Carter, LLC Law Offices of Amber Jade F. Johnson, P.A. Ringer Henry Buckley & Seacord, P.A. Cullen & Hemphill, P.A. Roman V. Hammes, P.L. DeCiccio & Johnson Law Offices of Brent C. Miller, P.A. Rumberger, Kirk & Caldwell P.A. Legal Aid Society of OCBA Dellecker Wilson King McKenna Ruffier & Sos, LLP Sasser & Weber, P.A. Lewis & Crichton Divine & Estes, P.A. Sawyer & Sawyer, P.A. Lim & Associates, P.A. Faddis & Faddis, P.A. SeifertMiller, LLC Marcus & Myers, P.A. Fassett, Anthony & Taylor, P.A Small Business Counsel Marshall, Dennehey, Warner, Coleman & Goggin Fisher Rushmer Southern Trial Counsel

Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Dill Law Group The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Llabona Law Group The Maher Law Firm, P.A. The Orlando Law Group The Skambis Law Firm The Smith Family Law Firm, P.A. Vose Law Firm, LLP Warner & Warner, P.L. West, Green & Associates, P.L. Wicker, Smith, O’Hara, et al.

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

Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

SponSored by:

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theBriefs January 2017 Vol. 85 No. 1

Law Day 2017

Law Week 2017

Our Law Week activities include: Liberty Bell, Liberty Shield & Liberty Apple Awards Naturalization Ceremony Pathways in Law Job Shadowing with the Judges DUI Mock Trial Big Bad Wolf Mock Trial Poster & Speech Contest 5k Run Medal Design Contest 3rd Annual 5k Run Law Week Luncheon, April 27, 2017 We need your energy, time, and creativity! If you’re interested in participating, please contact co-chairs Andrew Roy at aroy@whww.com, or Jessica Travis at jessicatravispa@gmail.com.

The 2017 theme provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society. Through its Citizenship, Due Process and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states. Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment serves as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law.

Upcoming meetings will be held on the second Tuesday of the month at noon at the OCBA Center 2017: January 10; February 14; March 14; April 11 If you plan to attend a meeting, please RSVP to O CBALawWeek@gmail.com.

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CLASSIFIED ADS EMPLOYMENT FAST PACED INSURANCE Defense Firm located in Maitland, FL is searching for a Legal Assistant. The firm handles first party property/ liability coverage issues.

Insurance defense and strong litigation experience preferred.

Please send all inquiries to the jmccallister@rocklawpa.com.

OFFICE SPACE/SALE/ RENT/LEASE

One office available for rent in Plaza Building in downtown Orlando. Conference and kitchen facilities. Copier/fax available. Call 407-423-9728 Maitland/Altamonte Springs: three and four room office suites available. Electric and ample parking included.

407-425-0234 or info@ wfmblaw.com.

OFFICE SPACE SHARED

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.

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

DOWTOWN OFFICE SPACE FOR LEASE: 1-2 offices, sharing of conference room, reception area, kitchen and ample parking. Call 407-8497072.

www.orangecountybar.org

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www.orangecountybar.org

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OCBA Calendar

OCBA January Luncheon

Thursday, January 19, 2017

JANUARY - FEBRUARY 2017

January

Year’s Day (Observed 2 New

– OCBA Offices Closed) Law Day 5k Committee Contact committee chair

3 Law Week Committee 10 12:00 p.m. • OCBA Center

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

LAS Lunchtime Training

GAL 101 11:00 a.m. • Marks St. Senior Center

Veterans Committee 11 12:00 p.m. • OCBA Center

Lawyers Literary Society 12:00 p.m. • OCBA Center Judicial Relations Committee 12:15 p.m. • Orange County Courthouse

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

12

Social Security Committee Seminar

How to Handle the Vocational Expert Prior to the Hearing, at the Hearing and After the Hearing 12:00 p.m. • OCBA Center Family Law & Estate, Guardianship & Trust Committees Seminar

From the Newlywed to the Nearly Dead: The Interaction of Family Law and Estates and Trusts 12:00 p.m. • OCBA Center Dr. Martin Luther King, Jr. Day

(OCBA Offices Closed) Elder Law Committee 12:00 p.m. • OCBA Center Technology Committee 12:00 p.m. • OCBA Center

Construction Law Committee 5:30 p.m. • OCBA Center OCBA Luncheon David B. King, Esq., Founding Shareholder – King, Blackwell, Zehnder & Wermuth, P.A. 11:30 a.m. • Church Street Ballroom YLS Monthly Luncheon

11:30 a.m. • Citrus Club Appellate Practice Committee 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

13

16 18

19 20 23

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Labor & Employment Committee 24 12:00 p.m. • OCBA Center

David B. King, Esq., Founding Shareholder King, Blackwell, Zehnder & Wermuth, P.A. Sponsored by First Green Bank, Data Analyzers, LexisNexis 11:30 a.m.-1:00 p.m.

The Ballroom at Church Street RSVP by January 16, 2017 to orangecountybar.org/store

LAS Lunchtime Training VAC Training 11:00 a.m. • Marks St. Senior Center

Family Law JA/MA Luncheon 10 11:00 a.m. • Citrus Club Estate, Guardianship & Trust Bankruptcy Law Committee 13 Committee 27

Seminar

How to Compel Surrender of Real Property in Bankruptcy 12:00 p.m. • OCBA Center

Criminal Law Committee Seminar 31

Orange County Discovery Portal Training 12:00 p.m. • OCBA Center

12:00 p.m. • OCBA Center

Law Week Committee 14 12:00 p.m. • OCBA Center Elder Law Committee 15 12:00 p.m. • OCBA Center

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

February

Business Law Committee 1 12:00 p.m. • OCBA Center Practice Committee 2 Appellate

Major Seminar

Professionalism Committee 16 Ma jor Seminar

Professionalism in Negotiation: Transactions, Litigation, and Mediation 9:00 a.m. • OCBA Center

Federal Traps for State Court Practitioners 11:30 a.m. • OCBA Center Winter Wine & Cheese Social 5:30 p.m. • Winter Park Farmers’ Market

YLS Monthly Luncheon 17 11:30 a.m. • Citrus Club Law Committee Seminar 2 0 Elder How to Keep the Wolves Away from

Immigration Law Committee Seminar

Overview of E2 and L1 Visas 12:00 p.m. • OCBA Center

3

Solo & Small Firm Committee 21 12:00 p.m. • OCBA Center

6

LAS Lunchtime Training The Intersection of Human Trafficking and Dependency: Protecting Child Victims 11:00 a.m. • Marks St. Senior Center

Law Day 5k Committee 5:30 p.m. • Cole, Scott & Kissane, P.A.

7

Professionalism Committee 12:00 p.m. • OCBA Center Intellectual Property Committee Seminar The Ethics of Pro Bono Representa tion for Patent Practitioners 12:00 p.m. • OCBA Center LAS Lunchtime Training Advocating for Children with Autism: Special Considerations and Local Resources 11:00 a.m. • Marks St. Senior Center Literary Society

8 Lawyers 12:00 p.m. • OCBA Center

Granny’s Door 12:00 p.m. • OCBA Center

OCBA Luncheon 23 Justice Peggy Quince, Florida Supreme Court 11:30 a.m. • The Ballroom at Church Street

Bankruptcy Law Committee 24 Seminar TBD 12:00 p.m. • OCBA Center

2017 OCBA Gala 25 7:00 p.m. • Winter Park Racquet Club

Appellate Practice Committee 27 12:00 p.m. • OCBA Center

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

9

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

www.orangecountybar.org

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