Orange County Bar Association - The Briefs - January 2018

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message Happy New Year!

Liz McCausland, Esq.

January 2018 Vol. 86 No. 1

Criminal Law Committee Balancing Officer Safety and the Fourth Amendment: The Florida Supreme Court Weighs In Michael D. Barber, Esq.

Legal Aid Society Training Legal Aid Training for Pro Bono Attorneys – 2018 Catherine A. Tucker, Esq. Law Week OCBA’s Law Week Receives ABA’s Outstanding Activity Award for Best Student Program

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theBriefs January 2018 Vol. 86 No. 1

www.orangecountybar.org

PAGE 1

Contents 3

15

President’s Message Happy New Year!

Liz McCausland, Esq.

Legal Aid Society What We Do...

Letter from the President of the Legal Aid Society of the Orange County Bar Association, Inc. Melody B. Lynch, Esq.

4

Professionalism Committee The Professionalism Committee’s Major Seminar for 2018 John Y. Benford, Esq. Amy J. Carter, Esq.

6

Ninth Circuit Pro Bono Awards Attorneys Honored for Pro Bono Service

7

Letter from the Executive Director of the Legal Aid Society of the Orange County Bar Association, Inc. Mary Anne De Petrillo, Esq.

Legal Aid Society Training Legal Aid Training for Pro Bono Attorneys – 2018 Catherine A. Tucker, Esq. OCBA Past Presidents Dinner

8

Clerk’s Corner OCBA Helps to Expand Access to Justice Tiffany Moore Russell, Esq. Special Wills for Heroes Event to Return Spring 2018

9

Chief’s Column 2017: A Year in Progress The Honorable Frederick J. Lauten

10

Criminal Law Committee Balancing Officer Safety and the Fourth Amendment: The Florida Supreme Court Weighs In Michael D. Barber, Esq.

12

Solo & Small Firm Committee What I Know Now... A Six-year Perspective Thomas B. Feiter, Esq.

13

Special Is Daubert Dead in Florida? Not so Fast Drew Sorrell, Esq. Brian Lawrence, Esq.

14

Legal Aid Society News Online Access to Your Pro Bono Record – 2018 Catherine A. Tucker, Esq.

22-23

OCBA October Luncheon “State of the Courts”

29 Paralegal Post Winning Strategies for Your Practice Paul Pelton, FRP

31

YLS on the Move Jennifer Smith Thomas, Esq.

33

SideBar Alena V. Baker, Esq.

34

Hearsay Vanessa A. Braga, Esq.

37

Law Week OCBA’s Law Week Receives ABA’s Outstanding Activity Award for Best Student Program

38

New Members

41

Hearsay Columnist Vanessa A. Braga, Esq. YLS on the Move Jennifer Smith Thomas, Esq. SideBar Alena V. Baker, Esq.

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

42

Classifieds

44

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

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

Announcements

Calendar

PAGE 2

©2018

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

16

18-19

OCBA January Luncheon

the Briefs

www.orangecountybar.org

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

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

theBriefs January 2018 Vol. 86 No. 1

President’sMessage

January 2018 H

Happy New Year!

enry Ward Beecher wrote in 1882, “Every man should be born again on the first of January.” Each new year brings us an empty slate. It gives us a starting point akin to “starting your diet on Monday.” Soon, though, our year becomes filled with activities, to-dos, pleasures and disappointments, work, play, friends and family, life and loss.

Liz McCausland, Esq.

theBriefs January 2018 Vol. 86 No. 1

Many people these days seem to eschew New Year’s resolutions, having found them either impossible to keep or a trivial idea in the first place.

Many people I know don’t make resolutions, but rather choose a word or focus to their year.

One person I spoke with recently has chosen the word “fearless,” which is in line with author Neil Gaiman’s new year suggestion: “Whatever it is you’re scared of doing, do it.”

There is something about the new year that can be inspirational. It’s the perfect time to make necessary and beneficial changes. A new calendar can be a powerful and motivating force. It can also be a good time to break with harmful patterns of the past. A new year and resolution can provide the focus needed to make goals happen.

If I am to be honest, I rarely keep my resolutions going all year long. The only time I managed to do so was when I resolved to eat McDonald’s fries no more than once a month. (I love those things!)

I think the secret to my success with this resolution was that it was a baby step to a bigger goal of eating better and allowed me to indulge just once in the month. So rather than give up on New Year’s resolutions, I think it makes sense to figure out how to make the resolutions work and to remind yourself not to become discouraged if you fail once in a while. You can always begin again.

So as the new year begins for us at the OCBA, we will be refocusing our efforts to carry out our long range plans. We have taken the baby steps necessary on many of our action items, such as starting the Health and Wellness Committee.

You will now see this committee as an option when you renew your membership in June.

However, for those of you on Facebook, you can join the discussion in the group OCBA #livewell #livelonger. We have also begun recording CLEs put on by our various committees. We hope to offer these for you to watch online, on demand, from the comfort and convenience of your home or office. We continue our efforts to launch a new, more user-friendly website. I am assured this will happen during my year as president. Fingers crossed we will get there!

We also continue to work toward becoming a more inclusive bar and will be holding a summit to discuss many long-standing OCBA practices and re-evaluate whether they should be continued or whether some could be handled differently. I expect the summit to take place in the spring and would welcome your suggestions and attendance.

After all, this is your bar and we wish you to feel some ownership and pride in it.

One thing that will not change with the new year is the planning of our Bench Bar Conference, our Law Week programs, and our Law Day 5k. These events are coming up, and I encourage all of you to participate. The committees of each event work tirelessly to make these programs worth your time away from the office, and I cannot brag enough about the many surprises they have in store for you! In fact, one of my resolutions may be to get back in shape for a 5k again! Feel free to share your goals with me, whether personal or professional, and maybe the simple act of sharing them will hold us each accountable!

Happy New Year, one and all.

Liz McCausland, Esq., Liz McCausland P.A., practices in the areas of bankruptcy, mortgage modification and mediation. She also teaches lawyers across the U.S. how to modify mortgages in bankruptcy. She has been a member of the OCBA since 1997.

www.orangecountybar.org

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ProfessionalismCommittee

T John Y. Benford, Esq.

Amy J. Carter, Esq.

The Professionalism Committee’s Major Seminar for 2018

he Professionalism Committee’s annual major seminar will be held on February 28, 2018. This year the seminar will focus on professionalism issues that impact the attorneyclient relationship. It will be broken down into five separate, one-hour moderated segments and will be conducted and moderated by experienced OCBA members and members of the local judiciary. The seminar will allow attendees to receive 5.0 CLE ethic credits, 5.0 general credits, and 1.0 technology credit (pending). The fee is $40 for OCBA members, $50 for non-OCBA members, and $25 for government attorneys and students.

Breakfast and lunch will be provided.

The first segment will discuss professionalism issues that arise during the formation of the attorney-client relationship, including how to effectively interview and vet a potential client, managing client expectations prior to representation, and drafting agreements for representation to prevent professional and ethical problems.

The second segment will focus on professionalism issues that arise during the course of the attorney-client relationship, including effectively communicating with the client; managing client expectations; maintaining client control; avoiding asserting frivolous positions on behalf of the client; and trust accounting problems and solutions.

The third segment will cover maintaining professionalism and ethics when declining and terminating the attorney-client relationship, including when to withdraw from representation, how to withdraw from representation, and the requirements of procedures for a motion to withdraw.

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The fourth segment will discuss common complaints clients file with The Florida Bar against their counsel and how to avoid these complaints.

Patti A. Savitz, Esq., bar counsel with The Florida Bar, will be one of the panelists during this portion.

The fifth segment will deal with the technology issues impacting professionalism and ethics during the attorney-client relationship, including maintaining confidentiality of client information when using technology, the inadvertent disclosure of confidential information, and cyber threats, such as hacking, that may affect client confidentiality.

The final section will address mental health issues that may impact the attorney-client relationship, including depression, stress, and substance abuse.

This section will be conducted by Scott Weinstein, Ph.D., clinical director of Florida Lawyers Assistance, Inc. Registrations are being taken through the OCBA Store. We hope you will join us for what will be an insightful look at professionalism and ethics in the practice of law.

John Y. Benford, Esq., of Wilson Elser Moskowitz Edelman & Dicker LLP, is chair of the OCBA Professionalism Committee. He has been a member of the OCBA since 1995.) Amy J. Carter, Esq., of Quintairos, Prieto, Wood & Boyer, P.A., is vice-chair of the Professionalism Committee. She has been a member of the OCBA since 2012.

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2018 OCBA Bench Bar Conference April 27, 2018

Law Firm Sponsorship Opportunities!

Does your law firm want to be part of one of the largest seminars ever hosted by the OCBA? Would you like to position your firm in front of 400 colleagues and judges?

Are you interested in networking and developing referral sources?

Sponsor a session, and you can do all that! • Firm Sponsorship: $1,200 Here’s what you’ll receive: • Free conference registration for two, including breakfast, lunch, and breaks • Free attendance for up to two at the sponsor appreciation reception • Free ad in the conference program (1/8-page, black/white) • Free sponsor listing in the conference program • Free signage at the session your firm sponsors • Firm logo on PowerPoint presentation in the main ballroom • Firm listing on sponsor board located outside the main ballroom

Scholarship Opportunities!

Call for details.

Register today!

Pack your bags and prepare for takeoff to your destination – the beautiful Hyatt Regency Hotel at the Orlando International Airport.* Service includes 31 in-flight sessions and up to 6.0 “frequent flyer” CLE in a wide variety of topics!

See the OCBA website for conference details.

Registration is now open at the OCBA Store.

Go to: orangecountybar.org/store.

Fees go up after February 1, 2018.

Government*

By February 1, 2018 After February 1, 2018 On site

*Fee does not increase for government attorneys.

For sponsorship details, see the OCBA website, or contact: Amanda Nethero, Marketing and Sponsorship Manager amandan@ocbanet.org / 407-422-4551, ext. 244 theBriefs January 2018 Vol. 86 No. 1

OCBA NonMembers members $200 $200 $250 $275 $300 $325 $350 $375

www.orangecountybar.org

*This CLE is not an actual flight.

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Ninth CircuitPro Bono Awards

T

Attorneys Honored for Pro Bono Service

he Ninth Circuit Pro Bono Committee, chaired by The Honorable Heather Pinder Rodriguez, held its Inaugural Ninth Circuit Pro Bono Awards ceremony on October 20, 2017, at the Orange County Courthouse. Members of the judiciary and guests congratulated and recognized more than 200 attorneys for the pro bono hours they have donated to Central Florida’s legal aid clients, including several attorneys who have donated more than 3,000 hours to individuals most in need and least able to afford representation.

Ericka S. Garcia, Esq., and Melody B. Lynch, Esq., co-chairs of the Awards and Recognition Committee, presented the merit awards.

Bruce B. Blackwell, Esq., was the featured speaker. Bruce congratulated the recipients, noting that their “excellence in helping others is not an accident, but instead the result of high intention, sincere effort, and intelligent execution.” Some of the many characteristics of the recipients include their value of diverse opinions; their advocacy; their ability to persuade the courts and other decision makers to “always make the enlightened decision;” and their ability to think “long term, and with/in a spirit of humility,” according to Bruce. Inspiring the audience, Bruce quoted Booker T. Washington, among others, who said that “assistance given to the weak makes the one who gives strong; and oppression of the unfortunate makes one weak.”

The Hon. Heather Pinder Rodriguez

Bruce B. Blackwell, Esq. Executive Director The Florida Bar Foundation

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theBrief s January 2018 Vol. 86 No. 1

OCBA LuncheonThursday, January 18, 2018 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 15, 2018 RSVPs will not be accepted after January 15, 2018 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

January 15, 2018

To cancel, contact Sasha Jaquith at sashaj@ocbanet.org Sponsored by First Green Bank, LexisNexis, Orange Legal

Bring your lunch and pick up great practice pointers on January 8 and February 12!

12:00 p.m.-1:00 p.m. ||| Orange County Courthouse, 23rd Floor January 8 Topic: Civility and Professionalism February 12 Topic: Attorneys’ Fees: Hour 2

Brown Bagging with the Bobs The Honorable Bob Egan & the Honorable Bob LeBlanc

We invite you to submit your nominations

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

The Liberty Bell Award recognizes a person or organization in our community, outside the traditional legal profession, that best exemplifies the criteria for this award.

The Liberty Shield Award recognizes a first responder who demonstrates exemplary service to the health or safety of our community.

The Liberty Apple Award recognizes a teacher who

2018 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought

demonstrates exemplary service to the education of students in our community.

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

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

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

Mail or email your nomination by February 28, 2018 to: Kim Homer, Executive Director, OCBA, 880 N. Orange Ave., Orlando, FL 32801 or khomer@ocbanet.org.

For further information, contact Randy Bock at Randy.Bock@csklegal.com. theBriefs January 2018 Vol. 86 No. 1

www.orangecountybar.org

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Clerk’sCorner

OCBA Helps to Expand Access to Justice

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

ith the new year upon us, I want to take time to thank the OCBA and all of its attorneys for helping my office continue to increase better access to justice for our community. This important partnership was crucial as a panel of OCBA attorneys provided much-needed legal information at my office’s first legal forum for the citizens of Apopka in November.

Apopka was the perfect location for such a free forum since our Self Help Center has expanded to our branch office there one day a week. The forum allowed us to assist customers with navigating a small claims matter, a divorce, and an eviction.

The OCBA also helps by providing attorneys to staff our Self Help Center locations in Apopka and at the courthouse in downtown Orlando.

The bar’s attorneys provide assistance to pro se litigants who need help with legal forms and who have procedural questions regarding family law, small claims, and landlord/tenant issues.

There is always a special need for attorneys who want to give back to those in our community who cannot afford legal assistance. Our Self Help Centers are still in need of attorneys who speak English and Spanish or Creole, and I encourage you to apply by contacting the OCBA. I am committed to expanding access to the courts for the citizens of Orange County. This includes ongoing efforts to increase knowledge about the role of the courts and clerks, enhance electronic access to court records, and provide valuable information to court users, including those who are self-represented.

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

Special

O

Wills for Heroes Event to Return Spring 2018

n April 29, 2017, the OCBA Young Lawyers Section hosted its first Wills for Heroes event at Orlando Legal in downtown Orlando. Dozens of local attorneys and volunteers helped approximately 80 first responders, veterans, and their families create essential legal documents to ensure that their legal affairs were in order for the future. With the support of The Florida Bar Young Lawyers Division, the OCBA’s Estate, Guardianship & Trust Committee, and OCBA members, attorneys helped prepare wills and estate plans, advance directives, and powers of attorney.

Many people worked behind the scenes to help ensure the event’s success. The YLS particularly thanks Dave Nevill, Jr., Hughes I.T. Solutions Inc., for donating his time and lending his tech-

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nical skills to set up all of the computers and make sure they were operational. He helped the YLS team get the operating system installed, load Word, and upload the programs for the event.

Dave’s invaluable contribution is a tribute to what dedicated lawyers and volunteers can do to help our veterans and first responders.

Look for information about the next Wills for Heroes event, slated for spring 2018, in upcoming issues of The Briefs and other bar publications. If you have any questions, or would like to volunteer, please contact YLS president Keshara Cowans, Esq., at kcowans@floridabar.org.

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Chief’sColumn

A

2017: A Year in Progress

s President Kennedy stated, “Change is the law of life. And those who look only to the past or present are certain to miss the future.” Each new year brings renewed hope and the possibility of effecting lasting changes. For some, the new year brings a renewed dedication to losing weight or getting fit; to others it means setting aside time to deepen relationships with family or friends, or to dedicate more time or energy to work and a career.

Each year in the Ninth Circuit, we evaluate the serThe Honorable Frederick J. Lauten vices we provide to our citizens in hopes of making a trip to the courthouse less anxiety producing and Chief Judge more user-friendly. We are always looking to fineNinth Judicial Circuit Court tune how we operate in order to meet the needs of the community. From navigating the courthouse to understanding the legal process, we want the public to understand that our courts are their courts. We are here to serve them. As we look back over this year, let me share with you some of the projects that we have launched, including an integrated digital signage system, an innovative social media strategy, and a dynamic juror campaign we plan to launch in 2018.

Navigating the courthouse is not always an easy task. With its multiple bank of elevators and large array of courtrooms, hearing rooms, and offices, it can be intimidating or confusing for jurors and visitors to find their destination. To facilitate this process, we are installing an integrated digital signage network, commonly known as a wayfinding system, throughout the courthouse. The digital system allows for the placement of interactive monitors in key locations on various floors so that visitors can easily find where they are going. It will also include digital directories, personalized messages, and emergency alerts that can be programmed to display on multiple or individualized screens on a fixed or rotating basis. With these interactive flat panels or kiosks, courthouse visitors will now have easy access to vital information. The “SmartScreens” placed throughout the courthouse will include features such as court directories, maps with detailed instructions, a list of frequently asked questions, and informative videos, helping the courthouse’s nearly 10,000 daily visitors quickly get to their destination.

Communication is critical to the public’s understanding of the law and the important role the judicial system plays in our government. Following the Florida Supreme Court’s Communication Plan, we leveraged technology and social media in unique ways to help us connect with the public in 2017. We presented a live Twitter Town Hall theBriefs January 2018 Vol. 86 No. 1

with participating Orange County high school students in January, and we streamed educational workshops on Facebook Live throughout the year. These events were very well received by our audiences. We will continue to look for creative ways to utilize our social media platforms to reach the public in the coming years.

Not only is it important that we maintain open lines of communication with the public. It is also important that we share, in a transparent manner, what the courts and its employees are doing in the community. Last year we expanded our broadcasts of Open Ninth, the Ninth Circuit’s official podcast, to include informational episodes on sought-after topics, such as the benefits of adopting through the foster care system, the K9th Pet Therapy Program, and the success of Problem Solving Courts. The first judicial podcast in the state, Open Ninth featured 27 episodes in its inaugural season and can be accessed through YouTube, Vimeo, iTunes, and on the Ninth Circuit’s official website, www.NinthCircuit.org. Besides providing insightful information, the court’s podcast provides a behind-thescenes look at the judges and staff who comprise the Ninth Circuit. Often, the public’s limited access to the judiciary can contribute to a misunderstanding of how our justice system works. From stories like climbing Mount Kilimanjaro to judicial involvement in community-enriching campaigns, such as “Pine Hills Proud,” Open Ninth allows the public to gain a new perspective and understanding of the judges and court staff behind the justice system.

Looking forward toward 2018, we are actively planning a “Just Serve” campaign to highlight the vital role jurors play in our justice system. And while we appreciate the involvement of all who have served as jurors, we want all citizens to understand how essential their involvement is in this process. This “Just Serve” campaign will bring a fresh, new outlook on what it means to be a member of the jury, and we hope it will promote increased citizen participation in, and understanding of, the jury system.

I am pleased with the great strides we made in 2017 to improve our organization. Along with our great judges and staff, who bear the responsibility of making justice equitable and accessible to all, I pledge to continue improving the ways in which we deliver justice to, and share our message with, the community.

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

www.orangecountybar.org

PAGE 9

Criminal LawCommittee Balancing Officer Safety and the Fourth Amendment: The Florida Supreme Court Weighs In

T Michael D. Barber, Esq.

he Florida Supreme Court recently issued its opinion in Presley v. State, 227 So.3d 95 (Fla. 2017) that seemingly rebalanced the scales in the debate over weighing an individual’s Fourth Amendment rights against the interest of police officer safety. The Supreme Court accepted review of the First District Court of Appeal’s decision in Presley v. State1 on the basis that the First District certified direct conflict with the decision of the Fourth District Court of Appeals in Wilson v. State.2 Both cases analyzed the issue of whether the Fourth Amendment rights to be free from unreasonable search and seizure prevent police officers from detaining passengers in automobiles during routine traffic stops. In 1999, the Fourth District Court of Appeal held in Wilson that an officer conducting a traffic stop could not order a passenger to return to and remain in a stopped vehicle absent reasonable suspicion of criminal activity or a reasonable belief that he posed a threat to safety; however, the First District Court of Appeal later held in the 2016 Presley case that an officer may, as a matter of course, detain a passenger during a lawful traffic stop without violating the passenger’s Fourth Amendment rights.

The Florida Supreme Court accepted review of the Presley3 case to resolve the conflict between the First and Fourth Districts. Other districts, including our own Fifth District, also certified conflict with the Fourth District’s ruling in Wilson.4 Factual and Procedural Background Gregory Presley was on probation with a condition that he not consume any alcohol. Mr. Presley was one of two passengers in a vehicle that was subjected to a valid traffic stop. The other passenger exited the vehicle and tried to leave, but was detained by officers after a brief struggle.

Mr. Presley was standing outside of the vehicle when officers began asking him questions. Mr. Presley admitted that he had been drinking alcohol, whereupon he was arrested for violating the terms of his probation. Mr. Presley filed a motion to suppress his statement on the basis that he was illegally detained during the traffic stop.

The trial court denied the motion to suppress, concluding that although Mr. Presley was detained, the limited nature and duration of the detention did not significantly interfere with his Fourth Amendment interests. Mr. Presley’s probation was revoked and he was sentenced to multiple terms of incarceration. Mr. Presley appealed the ruling on the motion to suppress, and

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the First District Court of Appeal affirmed the lower court’s ruling, holding that an officer may as a matter of course detain a passenger during a lawful traffic stop without violating the passenger’s Fourth Amendment rights.5 The First District Court of Appeal fully concurred with and adopted the legal analysis from the unanimous en banc decision of the Fifth District Court of Appeal in Aguiar v. State.6 The Fifth District Court of Appeal had already certified direct conflict with Wilson, and so the stage was set for the Florida Supreme Court to accept jurisdiction to resolve the conflict between the districts.

The Evolution of United States Supreme Court Precedent Article I, Section 12 of the Florida Constitution mandates that state courts must construe Fourth Amendment search and seizure issues in conformity with rulings made by the United States Supreme Court. The Florida Supreme Court therefore began its legal analysis of the present issue with an analysis of the evolution of U. S. Supreme Court precedent with regard to traffic stops and passengers.

The seminal U. S. Supreme Court case on the topic of traffic stops and detentions is Pennsylvania v. Mimms.7 Mimms set the standard for allowing officers to order a lawfully stopped driver from the vehicle. The U.S. Supreme Court balanced the public interest in being free from arbitrary interference by law enforcement against the public interest in protecting officers’ safety against criminal attacks. The Court described the detention of the driver outside the vehicle as a mere inconvenience, and balanced it against the interest in officer safety which the Court described as legitimate and weighty. The Court reasoned that the intrusion to the driver was de minimis and was outweighed by the interest in officer safety, and thus the Court drew a bright-line rule allowing officers to remove drivers from their vehicles as a matter of course during routine traffic stops.

Twenty years after the Mimms ruling the U.S. Supreme Court first extended the above rationale to passengers of vehicles in Maryland v. Wilson.8 The Court noted that the same interest in officer safety is present regardless of whether the occupant is a driver or passenger, and further noted that the possible sources of harm to an officer actually increase if there is more than one occupant of the vehicle. The Court reasoned that the passenger does have a greater personal liberty interest than the driver, but concluded that the intru

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sion in asking a passenger to exit the vehicle was minimal compared to the interest in preserving officer safety. The Court created a new bright-line rule that allowed officers to remove passengers from vehicles as a matter of course during routine traffic stops. The Court refused to address the issue of whether the officers could detain the passengers for the duration of the traffic stop or if they were free to leave once removed from the vehicle, thereby setting up future Supreme Court legal battles.

In Brendlin v. California9 the U.S. Supreme Court expanded on its ruling in Mimms by holding that the passengers of a vehicle subjected to a traffic stop are seized within the meaning of the Fourth Amendment. In one aspect, the case was a boon to defense attorneys who were thereafter able to establish standing for passengers to challenge the legality of a traffic stop in motions to suppress. On the other hand, Brendlin also established the precedent

that it is not reasonable for passengers to expect that a police officer would let people move around in ways that could jeopardize officer safety. The Brendlin case therefore established that officers could in fact detain passengers of vehicles for the duration of traffic stops. It is the Brendlin precedent which served as the foundation for the Florida Supreme Court’s conclusion that the Presley and Aguiar decisions correctly held that law enforcement officers may prevent passengers from leaving a traffic stop, as a matter of course, without violating the Fourth Amendment.

The Presley opinion concluded its review of U.S. Supreme Court case evolution with looking at several cases that expanded the doctrines established in Mimms, Wilson, and Brendlin. Among them was Rodriguez v. United States10 which established restrictions to limit how long police officers could detain occupants of stopped vehicles. In that case the Court held that

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, 2018 through May 31, 2019 Three (3) Executive Council Seats (3-year term) June 1, 2018 through May 31, 2021

•

Election of Trustees of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association, Inc. The following position is open for election: One (1) Board of Trustee Seat (3-year term) June 1, 2018 through May 31, 2021

•

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

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the police may not extend an otherwise completed traffic stop absent reasonable suspicion of criminal activity.

The Case at Bar An interesting observation is that the Florida Supreme Court spent five pages detailing the facts and procedural background and over twelve pages recounting U.S. Supreme Court precedent, however, the Court used less than two pages to apply the legal doctrines enshrined in the U.S. Supreme Court precedent to the facts of the case at bar. The Florida Supreme Court began the analysis of Presley v. State11 by observing that despite previous explanations as to what constitutes a reasonable period of time to detain passengers during a routine traffic stop, the facts of the current case present a situation that was anything but routine. The Court then briefly summarized the facts of the case again before beginning legal analysis. The Court’s continued page 36

• 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 Wednesday, January 31, 2018.

• 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 Thursday, March 1, 2018. (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, 2018.

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., Saturday, March 31, 2018.

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

Call: 407-422-4551.

www.orangecountybar.org

PAGE 11

Solo & Small FirmCommittee

What I Know Now... A Six-year Perspective

Thomas B. Feiter, Esq.

This is the second in a series of three articles from the Solo & Small Firm Committee. The first article appeared in the August 2017 issue of The Briefs.

Suggested Reading Allow me to begin this article with a suggestion for a book to anyone who is new to private law practice or thinking about getting into it. It is called “The E-Myth Attorney: Why Most Legal Practices Don’t Work and What to Do About It!”

by Michael E. Gerber. The book is a fun, insightful, and easy read. Here is an excerpt: The E-Myth is short for the Entrepreneurial Myth, which says that most businesses fail to fulfill their potential because most people starting their own businesses are not entrepreneurs at all. They’re actually technicians suffering from an entrepreneurial seizure. When technicians suffering from an entrepreneurial seizure – in this case, attorneys – start a legal practice of their own, they almost always end up working themselves into frenzy, going straight from one case to the next, and hardly ever taking a break. They’re burning the candle at both ends, fueled by too much coffee and too little sleep, and most of the time, they can’t even stop to think. If this sounds familiar, keep reading.

In short, the E-Myth says that most attorneys don’t own a true business - most own a job disguised as a legal practice. They’re doing it, and doing it, doing it, hoping like hell to get some time off, but never figuring out how to get their business to run without them. And if your business doesn’t run well without you, what happens when you can’t be in two places at once? Ultimately, your practice will fail.

The author switches to a more positive note and provides helpful advice on how to avoid law firm failure, set up systems, and manage money, clients, employees, and time. I have benefited tremendously from this book, and I recommend it to anyone who asks me for advice on the matter.

My Business Philosophy The approach I have taken to running my practice has evolved since I started on my own in 2011.

Five years before that, when I was a young prosecutor, I had the opportunity to observe many attorneys and their styles. In and out of court, I would hear people speaking about the “Jedi Mas-

PAGE 12

www.orangecountybar.org

ters” attorneys. They were usually board certified, ran successful practices, and had amazing résumés and broad life experience. I was inspired, and so I placed a great deal of importance on emulating their example.

A decade later, I still believe in developing a solid professional reputation and attaining special knowledge, skills, and proficiency in your areas of practice, but I have come to see that those things have very little to do with getting hired in private practice. And that is because of one simple truth: Clients don’t care how much you know until they know how much you care.

While I have only been practicing law for 11 years, my experience has been that most clients do not care where you went to college or law school, what your GPA or class rank was, or even how accomplished you may be. What they value more is your sincerity and whether you truly care about them and their plight.

I had the great honor of spending a good amount of time with my former boss in the Army, Major General Francisco Espaillat, as we travelled throughout Kuwait and Afghanistan. He always told the officers, “Take care of your soldiers, and we will accomplish great things.” That resonated with me, especially because he practiced what he preached. Every time I spoke with him in private, he genuinely cared about and valued what I had to say. And I think it was that caring philosophy that, in large part, resulted in his selection to serve as the next chief of staff for U.S. Army Reserve Command. Sadly, he died only two weeks later on April 7, 2017, during training at Fort Bragg. I was devastated. He was only 56 years old.

I can think of no better way to honor him than to continue to implement his teachings, which I have adopted into my practice in many ways, primarily by taking care of our clients and placing their interests first. I remind my four amazing employees to take care of our clients above all else. Treat each client’s case as if it were your brother’s or your sister’s. After all, they trust us with their lives and their futures. The job we do and the results we attain will affect them tremendously. That is why we work so hard on every case.

While critical, I will only briefly mention the importance of listening. Perhaps you have heard the saying: God gave us two ears and one mouth – continued page 32

theBriefs January 2018 Vol. 86 No. 1

Special

Is Daubert Dead in Florida? Not so Fast

I Drew Sorrell, Esq.

Brian Lawrence, Esq.

theBriefs January 2018 Vol. 86 No. 1

n Richard Delisle v. Crane Co., et al., case no.

SC16-2182, the Florida Supreme Court is set to decide whether Daubert or Frye is the proper standard for the admissibility of expert testimony in Florida. The Court’s decision is widely anticipated in light of the wave of confusion sparked by its February 2017 statement that it was rejecting the legislature’s amendment to the Florida Evidence Code which adopted Daubert, while simultaneously stating that it would not formally address the question until a proper case or controversy came before it.1 The uncertainty stemming from the Court’s decision was reflected in the subsequent split in the Florida circuit courts. Shortly after the Court’s February decision, a circuit judge in the Fifteenth Judicial Circuit Court in and for Palm Beach County held that Florida is a Frye standard state. Contrarily, circuit judges for the Twelfth Judicial Circuit Court in and for Manatee County, the Thirteenth Judicial Circuit Court in and for Hillsborough County, and the Eight Judicial Circuit Court in and for Alachua County opted for the application of the Daubert standard.2 By way of background, Daubert and Frye are the two prominent standards for the admissibility of expert testimony. Under Daubert, judges act as gatekeepers in determining whether: (1) the expert’s testimony is based upon sufficient facts or data; (2) the expert’s testimony is the product of reliable principles and methods; and (3) the expert applied the foregoing principles and methods reliably to the specific facts of the case.3 Conversely, under the Frye standard, “in admitting expert testimony deduced from a well-recognized scientific principle or discovery,” a court must ensure that the principle or method from which a deduction is made is “sufficiently established to have gained general acceptance in the particular field in which it belongs.”4 Frye is often criticized for its rigidity and inapplicability to most cases, but it has been utilized in Florida for decades.

It is undeniable that the Court’s impending decision will have a profound impact on litigation in Florida. Some legal commentators believe that Frye is favorable to plaintiffs, as it is easier to proffer expert testimony under its “general acceptance” approach. Alternatively, Daubert is generally favored by defendants, who often utilize its framework to attempt to strike expert testimony proffered by plaintiffs. To that point, jurisdictions that have adopted Daubert tend to see challenges to the substance of expert testimony in greater numbers.5

We are of the opinion that a ruling in favor of Daubert would be a huge victory for litigants as it would help ensure that “junk science” is kept out of the courtroom. The Florida Supreme Court has already stated that Frye is inapplicable to the “vast majority” of cases.6 In the absence of Daubert, there is no meaningful gatekeeping function in Florida with respect to expert testimony.

Moreover, perhaps the Florida legislature did not violate the Florida Constitution with the passage of the Daubert Amendment to the Florida Evidence Code because Daubert is at once procedural and substantive. While rules of evidence are undoubtedly procedural, Daubert is perhaps substantive as it creates a right of litigants to challenge unreliable or baseless expert testimony from being permitted in the courtroom. Stated differently, permitting baseless “science” in the courtroom impedes on the substantive rights of litigants in Florida courts.

Drew Sorrell, Esq., is a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. His practice focuses primarily on complex commercial issues including litigation of breach of contract, business torts, technology and intellectual property as well as related insurance coverage issues. He is the chair of the firm’s multidiscipline Privacy, Cybersecurity and eDiscovery Group, and is a past chair of the OCBA Business Law Committee and past co-chair of the OCBA Technology Committee.

He has been an OCBA member since 2002.

Brian Lawrence, Esq., is an associate with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. He works in the firm’s Corporate and Securities Group, focusing on complex business transactions and corporate finance and securities issues, including entity formation, joint ventures, mergers and acquisitions, public offerings, private placements, and disclosure requirements. He has also has worked in the firm’s litigation practice with a focus on general commercial litigation, personal injury and wrongful death, intellectual property and intellectual property litigation. He has been an OCBA member since 2016.

In re Amendments to the Fla. Evid. Code, 210 So. 3d 1231, 1239 (Fla. 2017).

2 See State of Florida v. Dwayne Cummings, Order Denying Defendant’s Motion to Exclude Improper Evidence Pursuant to Daubert and §90.702, Fla. Stat., Case No. 2016-CF-239 (Fla. 12th Jud. Cir. Ct.).

Robert Nixon v. R.J. Reynolds Tobacco Co., Order Denying Defendant’s Motion Pursuant to Daubert to Prohibit Plaintiff from Presenting Misleading Evidence from Dr. Stephen Kreitzer, Case No. 502007CA024426 (Fla. 15th Jud. Cir. Ct.) Additionally, in Gainesville Place Phase II, LLC, et al. v. Davis & Sons Construction Company, LLC, et al., Alachua County Case No. 2012-CA-1936 (K), Judge Monica Brasington opted for the application of Daubert. However the case settled before an order could be filed. continued page 32 1

www.orangecountybar.org

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Legal Aid SocietyNews

T Catherine A. Tucker, Esq.

Online Access to Your Pro Bono Record – 2018

he Legal Aid Society of the Orange County Bar Association, Inc., is happy to offer pro bono attorneys access to their records, including cases, open and closed, time records, projects, donations, and pledges. The information is recorded in our case management system, and you can now view it yourself. In addition, you can add time, notes, and even upload documents on your open cases.

You can email Legal Aid Society staff copies of your notes and any documents. You cannot read all the case notes or the case documents; however, when you enter your time and the activity details, you can see these notes on the “My Time” tab on your homepage or the “Time” tab of the individual case.

If you are an attorney participant in the Legal Aid Society’s pro bono program and are interested in obtaining online access to your record of cases, time, donations, and to see cases that need an attorney, please email Cathy Tucker, Esq., pro bono coordinator, at ctucker@legalaidocba.org, with your request for access. The email address you use will be the official email on your record. Legal Aid requires an email and not a phone call or message, because this is access to clients’ confidential information. Contact Cathy if you are interested in joining the Legal Aid Society’s pro bono program and participating in the online work.

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Your login and password will be emailed to you.

After logging in for the first time, you will need to change your password. It must be seven digits, with at least one number and one letter. You are the only one who will have this. If you forget your password, your login will need to be reset by staff during regular business hours.

To see a sample view of an attorney’s record, go to: https://lasocba.legalserver.org.

If you have questions, please contact Cathy, or Milly Gonzalez, assistant pro bono coordinator, at mgonzalez@legalaidocba.org, Marilyn Carbo, pro bono specialist, at mcarbo@legalaidocba.org, or Janis Mason, referral assistant, at jmason@ legalaidocba.org.

If you have questions about GAL work, please contact Bethanie Barber, GAL Program director, at bbarber@legalaidocba.org, Cheryl Nicholson, executive assistant, at cnicholson@legalaidocba. org, or Michelle Erazmus, GAL legal assistant, at merazmus@legalaidocba.org.

Catherine A. Tucker, Esq., is the pro bono coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 1976.

theBriefs January 2018 Vol. 86 No. 1

Legal Aid SocietyWhat We Do...

Letter from the President of the Legal Aid Society of the Orange County Bar Association, Inc.

Melody B. Lynch, Esq.

Dear Orange County Bar Member: In Orange County, Florida, we believe that “Equal Justice Under Law” is more than just 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 1,200 new clients every year. Our most vulnerable community members should have the doors of justice equally open to them. 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 thank you for your financial contributions. Your commitment to “Equal Justice Under Law” reminds us all of why the Orange County Bar Association is the best bar in the world.

Sincerely, Melody B. Lynch, Esq. Shareholder Lowndes, Drosdick, Doster, Kantor & Reed, P.A. President Legal Aid Society Board of Trustees

Letter from the Executive Director of the Legal Aid Society of the Orange County Bar Association, Inc.

Mary Anne De Petrillo, Esq.

Dear Pro Bono Attorney: Thank you for your help and support. We were created by the Orange County Bar Association membership in 1961 to provide the poor civil legal access to the court system. Staff and pro bono attorneys provide free legal services for low income clients, the working poor, children, and disadvantaged groups such as seniors, veterans, and the disabled who have special legal needs. Last year alone pro bono attorneys donated more than 15,000 hours of free legal services to the community through Legal Aid. We need your help in 2018. Together, we can provide access and use legal services to provide safety and stability for those that we serve. Please help us again to carry on the tradition of service next year.

Please choose to help us provide civil legal assistance. Your legal skills can make a difference in the lives of the families and individuals we serve.

With your efforts we will build a healthier and stronger community. Your financial contribution to support the staff and pro bono program is also greatly appreciated.

theBriefs January 2018 Vol. 86 No. 1

You may make your pro bono selection online. If you follow the link below, you will find a fillable 2018 Preference Form through which you can select cases, projects, or contributions.

2018 Online Fillable Preference Form: https:// secure.acceptiva.com/?cst=111b5c 2018 Pro Bono Brochure: http://legalaidocba. org/documents/Final%202018%20Brochure.pdf 2018 Pro Bono Preference Form (text): http:// legalaidocba.org/documents/Final%202018%20 Preference%20Form.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.

Best wishes for safe and happy holidays, Mary Anne De Petrillo, Esq. Executive Director Legal Aid Society

www.orangecountybar.org

PAGE 15

Legal Aid SocietyTraining

T Catherine A. Tucker, Esq.

Legal Aid Training for Pro Bono Attorneys – 2018

he Legal Aid Society of the Orange County Bar Association, Inc., is proud to offer both live and video trainings as well as training materials for pro bono attorneys through its website.

Live Trainings Legal Aid offers free lunchtime trainings twice a month on Tuesdays at the Marks Street Senior Center, 99 E. Marks Street, Orlando. Attorneys should pre-register by emailing Cathy Tucker, Esq., pro bono coordinator, at ctucker@legalaidocba.org, or Marilyn Carbo, pro bono specialist, at mcarbo@legalaidocba.org. Free box lunches are provided, and the trainings are approved for CLE credits from The Florida Bar. Online Trainings Most of the live trainings are videotaped and are available through VIMEO on the Legal Aid Society website. A password is not required to access the videos, which you may view at your convenience as many times as you like. For a list of live trainings, go to the Legal Aid Society website at www.legalaidocba.org and click “Trainings” on the horizontal menu. A link to the list of trainings for 2017 and 2018 is under the picture.

Access to Online Videos To access online videos, go to the Legal Aid website and click “Trainings” on the horizontal menu. You will see the names of video collections by topic area, including guardian ad litem substantive law. Click on the topic area to see the available videos. A password is not required to view the training videos.

Materials from Trainings Each instructor provides handouts or PowerPoint presentations, some of which are available online in Word or as a PDF document. Materials can be accessed from the Legal Aid website through “Member Login.”

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Access to Online Materials To access online materials, go to the lower righthand side of the website homepage and click on “More Legal Aid.” Click “Member Login” and follow these directions: Enter the login: probono (all lower case, all one word) Enter the password: LASOCBA1 (all upper case, all one word) OR Enter the login: probono1 (all lower case, all one word) Enter the password: LASOCBA1 (all upper case, all one word) You may have to enter this twice.

Select “Legal Aid Members Common” You will see choices for “Civil Docs,” “GAL Docs,” and “Trainings” Other Documents Under “Member Login,” you also may access other documents from the GAL and other pro bono programs. If you select “Civil Docs,” you will see the civil indigent form, and pleadings for Chapter 751 cases and guardianship cases. If you select “GAL Docs,” you will see forms from the GAL Program, which are usually included in their initial referral packages. These are now available 24/7 from the website.

For more information, contact Cathy Tucker at ctucker@legalaidocba.org.

Catherine A. Tucker, Esq., is the pro bono coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 1976.

theBriefs January 2018 Vol. 86 No. 1

Event sponsors:

theBriefs January 2018 Vol. 86 No. 1

www.orangecountybar.org

PAGE 17

Julia L. Frey, Esq.

Leon H. Handley, Esq.

Liz McCausland, Esq. Darryl M. Bloodworth, Esq. C. Jeffery Arnold, Esq. Wayne L. Helsby, Esq.

John E. Fisher, Esq.; David B. King, Esq.

Diego “Woody” Rodriguez, Esq. Paul L. SanGiovanni, Esq.

C. Gene Shipley, Esq. Maura T. Smith, Esq. Photos: Flo Boehm PAGE 18 www.orangecountybar.org

theBriefs January 2018 Vol. 86 No. 1

OCBA Past Presidents Dinner October 17, 2017

The Rusty Spoon Sponsored by First Green Bank

Seated: Joel H. Sharp Jr., Esq.; John E. Fisher, Esq.; The Honorable Robert J. Pleus Jr.; Leon H. Handley, Esq.; David B. King, Esq. Middle: Liz McCausland, Esq.; Jamie Billotte Moses, Esq.; Maura T. Smith, Esq.; Darryl M. Bloodworth, Esq.; Nicholas A. Shannin, Esq.; Paul L. SanGiovanni, Esq.; Mary Ann Morgan, Esq.; Mayanne Downs, Esq. Back: C. Jeffery Arnold, Esq.; C. Gene Shipley, Esq.; Frank M. Bedell, Esq.; Paul J. Scheck, Esq.; Tad A. Yates, Esq.; Brian T. Wilson, Esq.; Russell W. Divine, Esq.; Wayne L. Helsby, Esq.; Thomas P. Wert, Esq.; Wiley S. Boston, Esq.; The Honorable John Marshall Kest; Julia L. Frey, Esq.; Kristyne E. Kennedy, Esq.; Thomas A. Zehnder, Esq.

theBriefs January 2018 Vol. 86 No. 1

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theBriefs January 2018 Vol. 86 No. 1

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The Hon. Nancy Clark; The Hon. Gisela Laurent; Brandon Sapp, Esq. Eric Jontz, Esq.; Robert Wesley, Esq.; Liz McCausland, Esq.

Liz McCausland, Esq. The Hon. Frederick Lauten

Annie Kwong, Esq.; Lorraine Pitre, Esq.; Vanessa A. Braga, Esq. Teri Ann Bussey, Esq., receives the Legal Aid Society’s 2017 Elizabeth Suzan Khoury Guardian ad Litem Award of Excellence from Wynne McFarlin, Esq. Richard Dellinger, Esq., presents the Star of the Bar award to Robert Wesley, Esq., Public Defender

Meenakshi Hirani, Esq., receives the Legal Aid Society’s 2017 Elizabeth Suzan Khoury Guardian ad Litem Award of Excellence from Wynne McFarlin, Esq.

Photos: Flo Boehm PAGE 22

Justice Alan Lawson, Florida Supreme Court; The Hon. Jose Rodriguez; Ana Tangel-Rodriguez, Esq.; Ani Rodriguez-Newbern, Esq.; Bill Cowles, Orange County Supervisor of Elections www.orangecountybar.org

theBriefs January 2018 Vol. 86 No. 1

Tiffany Moore Russell, Esq. Orange County Clerk of Courts

OCBA October Luncheon “State of the Courts”

October 26, 2017 The Ballroom at Church Street Sponsored by First Green Bank, LexisNexis, Orange Legal

Melody Lynch, Esq. President, Legal Aid Society of the OCBA, Inc.

The Hon. Frederick Lauten Chief Judge Ninth Judicial Circuit Robert Wesley, Esq. Public Defender

Liz McCausland, Esq., President, OCBA

Deborah Barra, Esq., Assistant State Attorney

The Hon. James Edwards, 5th DCA Justice Alan Lawson

theBriefs January 2018 Vol. 86 No. 1

The Hon. Julie O’Kane; Justice Alan Lawson, Florida Supreme Court; The Hon. Donald Myers; Thomas Tukdarian, Esq. www.orangecountybar.org

PAGE 23

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theBriefs January 2018 Vol. 86 No. 1

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theBriefs January 2018 Vol. 86 No. 1

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Orange County Bar Association Paralegal Section

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Saturday, February 10, 2018 • 8:00 a.m. to 5:00 p.m. (Full day) • Rosen Plaza Hotel, 9700 International Drive, Orlando, FL 32819 Cost: $165.00 for OCBA Members • $180.00 for Non-members 11.0 hours CLE (Approved by The Florida Bar) Ethics, Technology & General Credits Includes Breakfast, Lunch & Snacks • • • Grand Prize: Race Package at DAYTONA* F E A T U R I N G

J. Cheney Mason, Esq. • Ethics & The Media Kevin Rosen, Esq.: Cybersecurity For the Legal Professional • Wendy Spitler Toscano, Esq.: Ethics & Professionalism with Case Analysis • Joaquin “Jay” Fraxedas, Esq.: Preparing For Mediation & Arbitration • Eric C. Reed, Esq.: Post Judgment Collections • Maria Breen, Esq.: Enhancing Your Marketability • William Umansky, Esq.: Dram Shop Litigation In Florida • Jamie Billotte Moses, Esq.: Billing “Do’s” and “Don’ts”: Ethical Concerns • Paul Morgan, Esq.: Federal HITECH Law: Getting Medical Records Without Paying An Arm And a Leg • Paul Pelton, FRP: Conceptualizing, Creating & Producing In-House

Mediation & Trial Exhibits SPONSORED BY

FOR INFO, REGISTRATION & HOTEL RESERVATIONS: http://tiny.cc/ocbaps2018 *All registrants eligible; must be present to win.

S u pport the o C BA! r e Comme n d thiS Cou rS e!

Florida Online Traffic School • Fast, easy, convenient • Available 24/7 • Online instructions • Telephone support

Speaker: John C. Jordan, Esq.

Law Office of John C. Jordan Tuesday, January 9, 2018

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

OCBA Center OCBA Members Only FREE

Register at www.orangecountybar.org/store

by December 4

Limited Seating Breakfast Included

Basic Driver Improvement 4-hour course (Traffic Ticket - TCAC) First-time Driver 4-hour course Advanced Driver Improvement 12-hour course (ADI / Judge-ordered class) Florida Mature Driver Program 6-hour course All traffic courses are approved by the Florida Department of Highway Safety & Motor Vehicles and sponsored by the American Safety Council. Register: orangecountybar.org.

Save the Dates!

Speakers: TBD Tuesday, February 6, 2018 Tuesday, March 13, 2018

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theBriefs January 2018 Vol. 86 No. 1

ParalegalPost

I Paul Pelton, FRP

Winning Strategies for Your Practice

n automotive parlance, you might be a factoryfresh model with the latest gadgets and gizmos right off the showroom floor; you might be a sleek, open-wheel model with several laps under your belt; you might be a classic model with many races behind you and a collection of trophies on the shelf. But, no matter what you’re driving or where you are in your career, there is always room for fine tuning, improvement in skillset, and a new strategy – like a pit stop for fresh tires, an adjustment to the aerodynamics, driver instruction, and a load of fuel.

On Saturday, February 10, 2018, from 8:00 a.m. to 5:00 p.m., the Orange County Bar Association Paralegal Section will proudly present its 2018 Annual Seminar for Legal Professionals, Race Ready: Winning Strategies for Your Practice, at the Rosen Plaza Hotel in Orlando. This seminar for attorneys and paralegals includes a total of 11.0 hours of CLE credit approved by The Florida Bar (6.0 hours of live seminar instruction plus take-home credits). The seminar features 3.5 hours of ethics credit and 1.0 hour of technology credit. In addition, it has been approved for 3.5 hours of certification credits in civil trial.

This year, the Paralegal Section has teamed up with some excellent speakers to take attorneys and paralegals on a challenging road course at this year’s event: • Our featured speaker is J. Cheney Mason, Esq. Cheney will be speaking on “Ethics & The Media.” Widely known for his defense of high-profile clients such as Casey Anthony, Lou Pearlman, and others, Cheney shares his experiences in dealing with the media during the litigation process and offers some insight into what has become known as “fake news,” how to deal with media coverage, and the ethical considerations involved. You won’t want to miss this informative presentation.

• Our focus on technology is presented by Kevin D. Rosen, Esq., a partner in the West Palm Beach office of Shutts & Bowen, LLP, and is entitled “Cybersecurity for the Legal Professional.” Kevin previously served as senior regional counsel in the Department of Enforcement at the Financial Industry Regulatory Authority and was at the frontline of cybersecurity regulation. He speaks on cybersecurity and cybercrime, and his lectures include the U.S. Secret Service Elec-

theBriefs January 2018 Vol. 86 No. 1

tronic Crimes Task Force and other notable engagements. Kevin exposes the Dark Web and offers practical information about keeping firm and client data safe.

• As part of our focus on ethics, Wendy Spitler Toscano, Esq., the Paralegal Studies Program chair at Valencia College, will present “Ethics & Professionalism with Case Analysis.” Wendy will examine the Florida DUI Set-Up case (You won’t believe it!) and the shocking ethics failures of the legal professionals involved in that case. In addition, she will offer practical guidance on ethical and professional behavior for attorneys and paralegals.

• Joaquin “Jay” Fraxedas, Esq., a prominent trial attorney focusing on medical malpractice, defective products, and other complex litigation, will be presenting a seminar entitled “Preparing for Mediation & Arbitration.” In this presentation, Jay will be sharing the mediator’s perspective on how attorneys and paralegals can prepare for mediation and arbitration, along with tips for success in alternative dispute resolution.

• In an effort to help you understand what to do after you’ve obtained a judgment, Eric Reed, Esq., a partner in the Orlando office of Shutts & Bowen, LLP, will be presenting a seminar entitled “Post Judgment Collections.” Eric’s practice focuses on commercial litigation involving landlord/tenant matters, collection issues, and lien foreclosures and related disputes. Eric will also provide practical insights on methods of collection and proper procedure after a judgment has been obtained.

• Of interest to attorneys and paralegals are the topics of marketability and compensation. Maria Breen, Esq., an attorney and human resources professional with SuitsOn Staffing, will present an informative seminar on “Enhancing Your Marketability” and offer perspectives on interviewing techniques, salary negotiation techniques, and self-development techniques to enhance marketability in the legal community.

• The annual seminar will also include “Dram Shop Litigation in Florida” by William Umansky, Esq.; “Billing “Dos” and “Don’ts”: Ethical

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Paralegal Post

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Concerns” by Jamie Billotte Moses, Esq.; “Federal HITECH Law: Getting Medical Records Paying an Arm And a Leg” by Paul Morgan, Esq.; and “Conceptualizing, Creating & Producing In-House Mediation & Trial Exhibits,” by Paul Pelton, FRP. We have arranged a special discount on hotel rooms at the Rosen Plaza Hotel for attendees who wish to stay the night before or after the event, or who want to stay for the entire weekend.

Among other prizes and raffles, our grand Time is running out and space is limitprize will include two tickets to the Dayto- ed, so register today for the 2018 OCBA na 500 race and free VIP parking at Day- Paralegal Section Annual Seminar for Letona International Speedway on February gal Professionals. I look forward to seeing 18, 2018. The grand prize is provided cour- you there! tesy of our very generous Winner’s Circle Paul Pelton, FRP, The Maher Law Firm, is Sponsor, The Maher Law Firm. Some president of the Orange County Bar Association Paralegal Section. He has been a member of the lucky winner will be going to the race!

OCBA since 2015.

You can register for the event, reserve a hotel room, and learn about sponsorship opportunities at http://tiny.cc/ocbaps2018.

In addition to all published seminar materials, your registration fee includes breakfast, lunch, and snacks.

OCBA Technology Committee

PhotoOps Oktoberfest October 18, 2017 Thank you to Social Committee co-chairs Jen Smith and Jen Morando for planning a successful Oktoberfest to benefit Second Harvest Food Bank as part of OCBA members’ response to Hurricane Irma.

Sponsored by: First Green Bank; Westlaw; Haliczer Pettis & Schwamm, P.A.; US Legal Support; Advita.

L to R: Karen Persis, Esq.; Nick Shannin, Esq.; CJ Bosco, Esq.; Barbara Leach, Esq.; Jennifer Smith Thomas, Esq.; Liz McCausland, Esq.; Cynthia Mo, Esq.; Heather Kolinshy, Esq.

At the OCBA Technology Committee’s November seminar, four past committee chairs convened to compare notes! Daniel Whitehouse, Esq.; Barbara J. Leach, Esq.; C. Todd Smith, Esq.; Lisa Gong Guerrero, Esq.

The Central Florida Chapter of The American Board of Trial Advocates Presents Awards Below: David B. King, Esq., Joseph L. Amos, Esq., president of the Central Florida Chapter of The American Board of Trial Advocates

L to R: Kimberly D. Healy, Esq.; Téa Sisic, Esq.; Vincent Falcone, Esq.; Thomas A. Zehnder, Esq.; David B. King, Esq.; Bruce B. Blackwell, Esq.; Robyn M. Kramer, Esq.; Frederick S. Wermuth, Esq.

David B. King, Esq., The Honorable James A. Edwards

On November 8, 2017, the Central Florida Chapter of The American Board of Trial Advocates held its annual Judicial Luncheon, honoring the Honorable James A. Edwards as Jurist of the Year, and David B. King, Esq., as Trial Lawyer of the Year. Scott Kirk, Esq., presented the award to Judge Edwards, and Bruce Blackwell, Esq., presented the award to David King.

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YLS on the move

O

Jennifer Smith Thomas, Esq.

ur mantra this year is #wedomore, and here are some of the things we have been doing: On October 20, 2017, the YLS hosted a fundraiser for victims of Hurricane Maria at a pub crawl throughout downtown Orlando.

Our members enjoyed drinking for a cause, and matched the first $1,000 raised by the OCBA for Hurricane Irma victims in Florida.

On October 26, 2017, the YLS hosted its 5th Annual YLS/Coalition for the Homeless Halloween Party, complete with candy, costumes, and a mock trial performance for the kids residing at the Center for Women & Families at the main campus of the Coalition for the Homeless.

Thanks go to Lauren Robertson, Esq., and John Hunt, Esq., for planning a successful Halloween party that provided costumes in time for the children to participate in their school celebrations.

On November 14, 2017, the YLS hosted a Basket Brigade Happy Hour at The Brass Tap. This event was put together by the YLS Community Service Committee in partnership with Allen Norton & Blue, P.A., to raise funds for the Thanksgiving Basket Brigade of Central Florida. The Basket Brigade provided tailor-made food baskets that were distributed to families in need in Orange, Osceola, and Seminole counties. The baskets were filled with all the ingredients needed to prepare Thanksgiving dinner. Thanks go to Community Service Committee chairs John Hunt, Esq.,

Onchantho Am, Esq., Rafael Rodriguez, Esq. – Coalition for the Homeless Halloween Party Coalition for the Homeless Halloween Party

and Lauren Robertson, Esq., for a fantastic event for a wonderful cause.

On November 16, 2017, the YLS hosted its monthly luncheon, featuring guest speaker Benjamin Odom, managing director and general counsel for the International Speedway Corporation (“ISC”). The ISC owns 13 racetrack facilities and promotes more than 100 events annually. Mr. Odom spoke to our members about the ISC and the role attorneys play in bringing some of our favorite motorsports to the track during racing season.

On December 1, 2017, YLS members gathered at Ace Café for their annual holiday party. Tickets for the event were free, thanks to our sponsor, US Legal. Members mixed, mingled, and enjoyed drinks, hors d’oeuvres, and desserts in a festive atmosphere among friends.

The YLS board would like to wish all OCBA members a very happy holiday season and a happy new year.

Stay tuned for these upcoming YLS events: January 20, 2018: Charity Putt-Putt Pub Crawl Evening with the Judiciary: TBD Don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls Jennifer A. Smith, Esq., partner at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

Annual Charity Pub Crawl - Hurricane Maria Relief Benefit

Thanksgiving Basket Brigade

October luncheon speaker, Benjamin Odom, General Counsel, International Speedway Corporation

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Solo & Small Firm Committee

Special

and we should use them proportionately! I firmly believe that taking the time to listen to and truly care about people are two of the biggest factors in converting them to clients. I cannot tell you how many times I have been hired after a client has already spoken to several attorneys. Often they tell me that I was the first attorney who really seemed to care.

Article three in this Solo & Small Firm Committee series will appear in a future issue of The Briefs.

Frye v. United States, 293 F. 1013 (D.C. Cir. 1923); Bundy v. State, 471 So. 2d 9 (Fla. 1985).

5 For empirical studies of the effects of Daubert on the types of in limine challenges brought in federal jurisdictions, see Flores, David M., Richardson, James T., Merlino, Mara L., Examining the Effects of the Daubert Trilogy on Expert Evidence Practices in Federal Civil Court: An Empirical Analysis, 34 S. Ill. Univ. L. Rev. 534 (2010) (noting that post Daubert, challenges to expert testimony tend to be on substantive grounds, rather than procedural grounds, and also noting an increase in the frequency in which in limine challenges are brought); see also D. Michael Risinger, Navigating Expert Reliability: Are Criminal Standards of Certainty Being Left on the Dock?, 64 ALB. L. REV. 99 (2000) (finding, within a study that 90% of challenges post-Daubert are

continued from page 12

continued from page 13

Thomas B. Feiter, B.C.S., owns and operates The Fighter Law Firm, P.A. in downtown Orlando. He practices in personal injury and criminal defense. Tom is board certified in Criminal Trial Law and serves as an officer in the U.S. Army JAG Corps Reserve. He is the chair of the Solo & Small Firm Committee and has been a member of the OCBA since 2006..

4

raised by a civil defendant against a plaintiff and that the challenges attain success approximately 2/3 of the time); Nicole L. Waters & Jessica Hodge, The Effects of the Daubert Trilogy in Delaware Superior Court (2005).

6 U.S. Sugar Corp. v. Henson, 823 So. 2d 104, 109 (Fla. 2002) (“By definition, the Frye standard only applies when an expert attempts to render an opinion that is based upon new or novel scientific techniques.”) (emphasis added); see also Rickgauer v. Sarker, 804 So. 2d 502, 504 (Fla. 5th DCA 2001) (“Most expert testimony is not subject to the Frye test.”).

PhotoOps OCBA Labor & Employment Law Committee

The OCBA Labor & Employment Law Committee seminar “New Developments Regarding Accommodations and Accessibilities under the ADA” was held at the bar center on November 7, 2017. Shown are N. Ryan Labar, Esq.; Scott C. Adams, Esq.; David H. Spalter, Esq.; Lillian Chaves Moon, Esq.; Lauren R. Robertson, Esq.; Christopher A. Pace, Esq; and Kevin Allen-Nash, Esq.

The George C. Young American Inn of Court

FBA Friendsgiving Happy Hour Benefit

L to R: Lauren Millcarek, Esq.; Andrew Ballentine, Esq.; Téa Sisic, Esq.; Colin Baker, Esq.; Fred B. Clayton (president and CEO of the Orlando Union Rescue Mission); Kelly Garcia, Esq.; Vincent Falcone, Esq.; Maureen Kelly, Esq.; Robin Nauman, Esq. Rich Newsome, Esq., Constitutional Revision Committee PAGE 32

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theBriefs January 2018 Vol. 86 No. 1

SideBar

Alena V. Baker, Esq.

H

appy New Year to all. We hope you all enjoyed the holidays and are excited for a new year full of possibility. For those looking for a New Year’s resolution, consider becoming involved in one of the many voluntary bar associations around town. They sure have been busy these past couple of months and still have lots of fun events in store for 2018.

FBA The Orlando Chapter of the Federal Bar Association (“FBA”) held its State of the District Luncheon on November 3, 2017. On November 16, 2017, the FBA and the Central Florida Association for Women Lawyers hosted a Friendsgiving Happy Hour at Ember. With the generous support of First Choice Reporting & Video Services and Holland & Knight LLP, the well-attended event raised $1,500 for the Orlando Union Rescue Mission’s Thanksgiving Meal Drive. The FBA’s charitable efforts continued in December when the FBA and the Hispanic Bar Association of Central Florida hosted a luncheon on the 15th at the federal courthouse that raised funds for the ongoing relief efforts in Puerto Rico in the wake of Hurricane Maria, raising more than $1,000. And for those who are new to federal practice or who are considering federal practice, the FBA will present “Federal Court Primer for NonFederal Practitioners,” on January 26, 2018, at noon at the federal courthouse. The program will provide the basics of federal practice in various areas of law for non-federal court practitioners. For details about upcoming events, please visit the FBA website at http://www.fedbar.org/Chapters/ Orlando-Chapter.aspx.

CFAWL In November, the Central Florida Association for Women Lawyers (“CFAWL”) held its annual Judicial Reception, which gave CFAWL members the opportunity to mingle with and to honor our judiciary. CFAWL members are looking forward to 2018 and hope you will join them for their luncheons, which are held on the first Friday of every month at the Citrus Club. #cfawlmeansbusiness Goaaba On October 10, 2017, the Greater Orlando Asian American Bar Association (“GOAABA”) was invited to attend a special screening of Jackie Chan and Pierce Brosnan’s new movie, The Foreigner, at the AMC in Altamonte Springs. On October 18, 2017, members met at Seito Sushi in Baldwin Park for a delicious lunch. The event was sponsored by First Green Bank. In November, GOAABA paired up with the Paul C. Perkins Bar Association and volunteered at Rock Lake Elementary School’s Fall Festival. And rounding out the year, GOAABA hosted a happy hour on November 15, 2017, and a holiday dinner on December 13, 2017.

November 1, 2017, where the focus was in-house counsel work. If you missed November’s meeting, not to worry! PCPBA will be holding its first general body meeting of the year on January 10, 2018, from 11:45 a.m. to 1:00 p.m. at the UCF Executive Development Center. The meeting will feature a panel of local judges. You can find more information on Facebook at https://www.facebook.com/ PAULCPERKINS/.

CFACDL On November 15, 2017, the Central Florida Association of Criminal Defense Lawyers, (“CFACDL”) hosted a CLE on writs as well as other aspects of appellate/post-conviction work and relevant case law updates. The speaker was Bill Ponall, Esq., of Ponall Law. Bill is a board certified criminal appellate attorney and past president of CFACDL. CFACDL will be teaming up with the OCBA’s Criminal Law Committee to host a CLE titled “Navigating the Technological Challenges in Preserving the Confidentiality of Substantial Assistance and Similar Agreements.” The guest speaker will be David Marglois, Esq., who is general counsel to the Orange County Clerk of Court. The noon event will take place on January 31, 2018, at the Sorosis Orlando Women’s Club.

CFGLLA The Central Florida Gay and Lesbian Law Association (“CFGALLA”) hosted its monthly free legal clinic on November 15, 2017, at the GLBT Community Center of Central Florida. The clinics are provided free of charge to the community and are hosted by CFGALLA the third Thursday of every month. For more information on future clinics, please visit the CFGALLA Facebook page.

The George C. Young American Inn of Court The George C. Young American Inn of Court hosted its November monthly presentation at the Tap Room at Dubsdread. The presentation focused on the Florida cabinet and court structure in the past, present, and future as impacted by the Constitutional Revision Commission (“CRC”). The Inn was fortunate to have CRC member Rich Newsome, Esq., discuss what the commission is working on and what is likely to come out of the CRC. Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com.

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011.

PCPBA The Paul C. Perkins Bar Association (“PCPBA”) hosted its last general body meeting of the year on theBriefs January 2018 Vol. 86 No. 1

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Hearsay...

You are never too old to set another goal or to dream a new dream. – C.S. Lewis

W Vanessa A. Braga, Esq.

elcome back, “Hearsay!” Inevitably, as with the start of any new year, there will be the discussion of New Year’s resolutions or goals. At the end of 2016, I rseolved to do one thing for myself: travel more. I did just that.

Not only did I journey to Southeast Asia, but I travelled around this country and learned more about the place I called home. As I compiled this month’s “Hearsay” column, I couldn’t help but set some new professional goals, and that’s all thanks to you, the OCBA members. Without further ado, this month’s “Hearsay” column.

Professional Awards, Accolades, and Achievements Fay Olga Pappas, Esq., an attorney with Bailey Fisher, PLLC, was named as a Rising Star in personal injury by Super Lawyers. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger, or in practice for 10 years or less. No more than 2.5 percent of Florida attorneys are named to the Rising Stars list.

Jessica Thomas, Esq., of the Thomas Law Firm, PLLC, has been appointed by the Florida Supreme Court to the Mediator Qualifications and Discipline Review Board. The Mediator Qualifications Board was appointed in 1992 as the grievance board under the Florida Rules for Certified and Court-appointed Mediators. The members include judges and various mediators who meet in committees when grievances are filed against mediators.

G. Clay Morris, Esq., a shareholder with Dean, Ringers, Morgan & Lawton, P.A., recently became board certified in civil trial. His specialties include personal injury, wrongful death, automobile negligence, and insurance defense litigation.

Warren W. Lindsey, Esq., principal attorney of Lindsey & Ferry, P.A., was honored by Florida Trend Magazine as a 2017 Florida Legal Elite, which is a designation given to lawyers who meet the highest standard of excellence. Warren was also an inductee into the Florida Legal Elite Hall of Fame.

Four attorneys with the law firm of Winderweedle, Haines, Ward & Woodman, P.A., were recently selected as Super Lawyers: James E. Cheek, III, Esq. (land use/zoning); Ryan E. Davis, Esq. (bankruptcy: business); J. Jeffrey Deery, Esq. (general litigation); and Bradley M. Saxton, Esq. (bankruptcy: business). Additionally, one member of the firm was named as a Rising Star: C. Andrew Roy, Esq. (bankruptcy: business).

Three attorneys with the intellectual property firm of Allen, Dyer, Doppelt + Gilchrist, P.A., were chosen as members of the Florida Trend ’s

PAGE 34 www.orangecountybar.org

Legal Elite: Ava K. Doppelt, Esq. (Legal Elite Hall of Fame member); Brian R. Gilchrist, Esq.; and Brock A. Hankins, Esq. Fourteen attorneys with Allen, Dyer, Doppelt + Gilchrist, P.A. were selected for the 2017 list of Florida Super Lawyers and Florida Rising Stars.

Top rated for intellectual property were Herbert L. Allen, Esq.; Ava K. Doppelt, Esq.; Brian R. Gilchrist, Esq.; Christopher F. Regan, Esq.; David L. Sigalow, Esq.; Jack G. Abid, Esq.; Robert H. Thornburg, Esq.; Stephen H. Luther, Esq.; Ryan T. Santurri, Esq.; Jeffrey S. Boyles, Esq.; and Justin R. Sauer, Esq. Selected as Florida Rising Stars were David S. Carus, Esq., Allison R. Imber, Esq., and Brock Hankins, Esq. Two Dean Mead attorneys were selected for inclusion in Chambers USA 2017 America’s Leading Business Lawyers for Business, an annual publication by Chambers and Partners, in tax and corporate practice: Charles S. Egerton, Esq. (shareholder), and Stephen R. Looney, Esq. (chair of the firm’s Corporate and Tax department).

Lauren Detzel, Esq., chair of Dean Mead’s Estate and Succession Planning department, received the John Arthur Jones Annual Service Award from The Florida Bar’s Real Property, Probate and Trust Laws (“RPPTL”) Section at the Executive Council Meeting and Convention.

Lauren Y. Detzel, Esq., and David J. Akins, Esq., attorneys with the Orlando office of Dean Mead, were ranked among the leading attorneys in private wealth by Chambers HNW 2017.

William “Bill” Lowman, Jr., Esq., Heidi W. Isenhart, Esq., and Alexander “Alex” Douglas, II, Esq., with the law firm of ShuffieldLowman, P.A., were selected as 2017 Florida Super Lawyers. Stephanie Cook, Esq., was named a Rising Star.

Fisher Phillips was recently recognized by Working Mother magazine and Law360 as among the best law firms for women in 2017. The OCBA members in the firm’s Orlando office are David A. Young, Esq., and Renata Sobral, Esq. Congratulations to all the OCBA members who have earned the recognition of Super Lawyer, Legal Elite, and Rising Star.

Community Involvement Amy Hamlin, Esq., of Hamlin Family Law, PLLC, was sworn in as treasurer of the Family Law Section of The Florida Bar. She will take over as chair of the section in June 2019. Amy was also awarded the Outstanding Service Award by the chair of the Family Law Section for 2016-2017.

theBriefs January 2018 Vol. 86 No. 1

Daniel J. Kavanaugh, Esq., an associate in GrayRobinson’s Orlando office, has been appointed to the Orange County Bar Association Foundation’s Board of Directors for a three-year term.

The Foundation is a not-for-profit corporation that focuses on community outreach and education to help citizens gain a better understanding of the law and the roles lawyers and judges play in our judicial system.

The Honorable Faye Allen of Orange County and The Honorable Fred Schott of Seminole County presented “Advanced Topics in Landlord/Tenant Law” at the 2017 Annual Education Program of the Conference of County Court Judges of Florida.

On the Move Deborah I. Mitchell, Esq., has become a partner at DSK Law. Deborah’s practice focuses on civil litigation, complex commercial litigation, civil rights, insurance defense, and intellectual property.

Heather S. Nason, Esq., recently joined Winderweedle, Haines, Ward & Woodman, P.A. Heather’s practice includes commercial real estate. Lionel E. Rubio, Esq., has rejoined the team at WHWW, practicing in the area of real estate and land use.

DIVORCE & FORENSICS CPA • Business Value, Forensic Investigation,

Pension Value, Litigation Support and 12.285.

• Lifestyle Analysis; Financial Affidavit; Alimony; Equitable Distribution

Jeffry R. Jontz, Esq., and Eric B. Jontz, Esq., joined the law firm of Fishback Dominick. Both attorneys practice in the areas of banking law, commercial litigation, bankruptcy, and creditor’s rights.

Zele Huber Trial Attorneys, a Jupiter-based law firm that focuses on personal injury, defective products, mass tort cases, business litigation, and insurance disputes, has opened a second office in Orlando. Gregory Zele, Esq., has been selected to lead the firm’s Orlando office.

Elesa A. Rectanus, Esq., recently joined the Orlando office of Shutts & Bowen. Her practice centers on real estate law.

Governor Rick Scott appointed Judge Jamie Rutland Grosshans to the Orange County Court. She formerly was a solo practitioner for Plant Street Law and served as an assistant state attorney for the Ninth Judicial Circuit.

Catherine “Kate” York, Esq., has joined The Florida Bar Foundation, a statewide charitable organization whose mission is to provide greater access to justice, as its grant program officer. In her new capacity, Kate will review grant applications, manage grantee relationships, and review performance outcomes.

As always, the “Hearsay” column is for you. Please feel free to share any news and professional recognitions with me at vanessa. braga@qpwblaw.com. See you next month!

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

Contact:

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

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Criminal Law Committee continued from page 11

Maria E. Espinosa, Esq. Schedule 24/7 at:

analysis focused on the fact that although the traffic stop may have lasted longer than a routine stop, the reason for that was the fact that one of the passengers exited the vehicle and attempted to leave, rather than any action taken by the officers. The Court found that in order for the officers to complete the mission of the traffic stop safely it was necessary to secure the “belligerent” passenger in handcuffs, thus prolonging the stop. The Court opined that it was reasonable for officers to extend the detention in order for backup to arrive and assist with the driver and Mr. Presley. The Court found the extension for both securing the belligerent passenger and waiting for backup to be reasonable, and held that the seizure therefore did not violate the Fourth Amendment.

Conclusion The Florida Supreme Court approved of the decision of the First District Court of Appeal in Presley and of the Fifth District Court of Appeal in Aguiar. The Court disapproved of the Fourth District Court of Appeal’s decision in Wilson, and any cases that relied upon Wilson. The Court thus resolved the conflict between the circuits and created the legal precedent that law enforcement officers may detain passengers of vehicles subjected to valid traffic stops for the duration of the stop without violating the Fourth Amendment.

Takeaway Where the Supreme Court giveth, the Supreme Court can taketh away. The evolution of Fourth Amendment legal precedent in both the Florida Supreme Court and U.S. Supreme Court created a new legal framework that upended decades of case law analyzing the Fourth Amendment in the context of traffic stops. The new paradigm created through forty years of evolving Supreme Court case law gave passengers of stopped vehicles standing to challenge the legality of traffic stops on the vehicles in which they are traveling.

On the other hand, the same paradigm restricted passengers’ ability to challenge the grounds for continued detention after the vehicle is stopped.

Michael D. Barber, Esq., Lindsey and Ferry, P.A., primarily practices criminal defense in state and federal courts in Florida. Mr. Barber defends those accused of any crime, ranging from misdemeanors to capital crimes and complex white collar crimes. He also practices administrative law where he defends professionals whom are facing disciplinary proceedings and administrative hearings before professional licensing boards. He is the Orange County Soil and Water District 1 Supervisor and has been a member of the OCBA since 2011.

OrlandoMediation.com 407-757-2875

Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015

Direct: 407-733-3662 espiesq@aol.com

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Presley v. State, 204 So. 3d 84 (Fla. 1st DCA 2016).

Wilson v. State, 734 So. 2d 1107 (Fla. 4th DCA 1999).

3 Presley, 204 So. 3d at 84.

4 Wilson, 734 So. 2d at 1107.

5 Presley, 204 So. 3d at 84.

6 Aguiar v. State, 199 So. 3d 920 (Fla. 5th DCA 2016).

7 Pennsylvania v. Mimms, 434 U.S. 106 (1977).

Maryland v. Wilson, 519 U.S. 408 (1997).

Brendlin v. California, 551 U.S. 249 (2007).

10 Rodriguez v. United States, 135 S. Ct. 1609 (2015).

11 Presley v. State, 227 So. 3d 95 (Fla. 2017).

1

8

2

9

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theBriefs January 2018 Vol. 86 No. 1

Law Week OCBA’s Law Week Receives ABA’s 2017 Outstanding Activity Award for Best Student Program

Law Week, June 2017

Tegan Elizabeth Emerson 3rd Place, Speech Contest

T

he Orange County Bar Association is the proud recipient of the American Bar Association’s Law Day 2017 Outstanding Activity Award for Best Student Program, which will be presented at the ABA’s National Conference of Bar Presidents luncheon during the Midyear Meeting in February. Our program was singled out for this award because of its “engaging programming for students, including the mock trials, judge shadowing, teach-ins, speech contest, 5k medal design, and the Girl Scouts involvement in the naturalization ceremony,” says Frank Valadez, director of the ABA’s Division for Public Education.

Help us keep our award-winning program going strong! Reach out to the following chairs to see how you can get involved: A Day in the Life of a Judge Job Shadowing – Tara Tedrow: tara.tedrow@ lowndes-law.com; Dustin Mauser-Claassen: dustin. mauser@lowndes-law.com Big Bad Wolf Mock Trial – Brandon Sapp: bsapp@dsklawgroup.com (Lots of helpers needed!)

DUI Mock Trial – Patti Savitz: psavitz@floridabar. org; Keshara Cowans: kcowans@floridabar.org

Law Day 5k – Nikki Rodeman: ocbalawday5k@ gmail.com Law Day Luncheon – Onchantho Am: oam@ southerntrialcounsel.com; Annie Kwong: akwong@ qpwblaw.com Liberty Bell, Shield & Apple Awards – Randy Bock: randy.bock@csklegal.com; Jeramy Beasley: Jeramy.beasley@csklegal.com Middle School Theater Program – Tyrone Afrasan Adams: tyrone@francoeur-law.com Naturalization Ceremony – Teresa Finer: teresa. finer@lowndes-law.com; Natalia Gove: natalia. gove@lowndes-law.com Pathways in Law – Lauren Robertson: lrobertson@schwartzlawfirm.net; John Hunt: jhunt@ schwartzlawfirm.net Poster & Essay Contest – Jennifer Finch: jfinch@ whww.com; Elizabeth Plummer: eplummer@ fisherlawfirm.com; Heidi Boon: hboon@whww. com Our Law Week program wouldn’t be possible without your participation! For details, see the OCBA website at orangecountybar.org/lawday.

C. Andrew Roy, Esq.; Jennifer White, Esq.; Bianca Gracy-Bisso, 1st Place Poster Category II, Grades 6-8; Wiley S. Boston, Esq.; Jessica A. Travis, Esq.

Kyra Alston, 1st Place, Speech Contest

theBriefs January 2018 Vol. 86 No. 1

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PAGE 37

Ne w M e mbe rs

Attorneys

Modoline Altenor Andrea B. Anderson Brad Bader Brandon T. Berry Jason F. Bullinger Terron L. Clark Albairis Concepcion Nicole E. Cuccaro James A. D’Cruz Kimberly Downs Jolynn M. Falto

Zuhair D. Fanash Andrew D. FitzPatrick Timothy D. Groves Raymond M. Hernandez Stephen C. Hooper Christian N. Horde Christopher Isbel Bobby A. Lean, Jr. Carlos J. Manresa Ta’lor J. McFarland Dustin M. MauserClaassen

Amanda J. Newlon Alvaro Orozco Michael D. Piccolo Courtney L. Tournade Christopher S. Tribbey Sesilia Valdez Diaz

Associates Joshua R. Coffman Courtney T. Rineer

Affiliates

Valerie R. Chant Nancy L. Coffman Robert Kovacevic Kelly J. Wright

Law Students Chelsea K. Davis Bianca Leon Jovani Monexil Brooklyn J. Trahan David Vander Boegh

Andew M. Abreu

Let’s give a big round of applause to the following members who encouraged their colleagues to join the OCBA! Christina C. Alvarez • Rania Arwani • Simon Nicholson • Jason O’Neal • Patryck Ozim • Brett Renton Brandon Sapp • Jeffrey Weiss

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

20 or More Members

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

Winderweedle, Haines, et al.

10-19 Members

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

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

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

PAGE 38 www.orangecountybar.org

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

theBriefs January 2018 Vol. 86 No. 1

theBriefs January 2018 Vol. 86 No. 1

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CONTACT US

WEBSITE

REPRESENTATION OF HEALTH PROFESSIONALS

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

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

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

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

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

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

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

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 40

fs January 2018 Vol. 86 No. 1

www.orangecountybar.org theBrie

Events Jan. 9 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m.

OCBA Center. Speaker: John C. Jordan, Esq. Members only. Free.

Register by Jan. 8 at the OCBA Store.

Jan. 27 – Diversity Mentoring Picnic. 11:00 a.m.-4:00 p.m.

Barry Law School, 6441 E. Colonial Dr., Orlando, FL 32807. Free.

Families welcome.

Jan. 31 – 14th Annual Texas Hold ‘Em Charity Poker Tournament, 6:00 p.m.-8:00 p.m., Ace Café. 100 W. Livingston St., Orlando, FL 32801. See ad in this issue of The Briefs. Register at the OCBA Store.

Feb. 6 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m.

OCBA Center. Speaker: TBD. Members only. Free. Register by Feb. 5 at the OCBA Store.

Seminars Jan. 8 – Estate Planning with IRAs: The Good, The Bad, and The Ugly. Estate, Guardianship & Trust Committee Seminar.

12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved); 1.0 wills, trusts & estates (approved). Free (OCBA members/ gov’t/students); $15 (non-members). Speaker: Amber J. Johnson, Esq. Register by Jan. 6 at the OCBA Store.

Jan. 8 – Civility and Professionalism. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Flr. Conf. Rm. CLE: 1.0 (pending). Speaker: The Hon. James Edwards, 5th DCA. RSVP to Lynn Harasti at ctjalh1@ocnjcc.org.

Jan. 9 – Orange County Courthouse Technology Training.

Technology Committee Seminar. 12:00 p.m.-1:00 p.m. Orange County Courthouse, Courtroom 18A. CLE: (pending). Speakers: The Hon. Lisa Munyon; Ryan Vesico, Esq. Register by Jan. 7 at the OCBA Store.

Jan. 9 – Achieving a Better Life Experience: Helping Your Special Needs Client be Able to Save. Elder Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: (pending). Free (OCBA members/gov’t/students); $15 (non-members). Speaker: Kristine Tucker, Esq. Register by Jan 7 at the OCBA Store.

Jan. 9 – Temporary Custody of Minor Children by Relatives, Chapter 751. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m.

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

CLE: (pending). Speakers: William A. Davis, Jr., Esq.; Cathy Tucker, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Jan. 10 – Understanding PTSD and the Impact on Family Law. Veterans Committee Major Seminar. 12:00 p.m.-2:30 p.m.

OCBA Center. CLE: 2.5 general (approved); 2.5 mental health (approved). $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Speakers: Danielle Archer, LMHC, Ed. D.; Donald Morrell, Esq. Register by Jan. 8 at the OCBA Store.

Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending).

Speakers: Doris Mackey and Dr. Amanda Janner. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Jan. 26 – Bankruptcy Law Committee Seminar. OCBA Center.

Details to come.

Jan. 31 – Access to Criminal Court Records & the Technology Challenges/Mechanism to Preserve Confidentiality. CFACDL & Criminal Law Committee Seminar. 11:30 a.m.-1:30 p.m. Sorosis Club, 501 E. Livingston St., Orlando, FL 32803. CLE: 1.5 technology (approved). $10 (early bird); $15 (late registration). Speaker: David Margolis. Register through EventBrite (see OCBA website calendar for link).

Feb. 1 – Back to the Basics of Appellate Practice with the Masters. Appellate Law Committee Major Seminar. Details to come. RSVP by Jan. 30 at the OCBA Store.

Feb. 5 – Preservation of Error. Insurance Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $15 (nonmembers). Speaker: Kristie Hatcher-Bolin, Esq. Sponsored by: Orange Legal. Register by Feb. 3 at the OCBA Store.

Feb. 6 – Privette, Parenting Experts, and Safety-focused Parenting Plans. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m.

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

CLE: (pending). Speakers: The Hon. Diana Tennis; Tenesia Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 10 – Race Ready: Winning Strategies for Your Practice. Paralegal Section 2018 Annual Major Seminar. 8:00 a.m.5:00 p.m. Rosen Plaza Hotel. CLE: 11.0 general, including ethics and technology. $165 (OCBA members); $180 (non-members).

Speakers: J. Cheney Mason, Esq.; Kevin Rosen, Esq.; Wendy Spitler Toscano, Esq.; Joaquin Fraxedas, Esq.; Eric Reed, Esq.; Maria Breen, Esq. See details in this issue of The Briefs. RSVP at http://tiny.cc/ocbaps2018.

Feb. 12 – Trust Decanting. Estate, Guardianship & Trust Committee Seminar. 12:00 p.m. OCBA Center. Details to come.

Feb. 12 – Attorneys’ Fees: Hour 2. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Flr. Conf. Rm. CLE: 1.0 (pending). Speakers: The Hon. Don Myers; The Hon. Kevin Weiss. RSVP to Lynn Harasti at ctjalh1@ocnjcc.org.

Feb. 20 – GAL Dependency Work: It Really is All Fun and Games… Sometimes. LAS Lunchtime Training. 12:00 p.m.1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Bethanie Barber, Esq.; Way Brown, CBC; Betsey Bell, FFC; Kathy Downs, VAC. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 23 – Bankruptcy Law Committee Seminar. OCBA Center.

Details to come.

Jan. 12 – Labor & Employment Committee Seminar. OCBA Center. Details to come.

Feb. 27 – Immigration Law Committee Major Seminar. 9:00 a.m. OCBA Center. Details to come.

Jan. 19 – A Year in Trial: Depositions. Family Law Committee Seminar. OCBA Center. CLE: 1.0 (pending). Free (OCBA members/gov’t/students); $15 (non-members). Speaker: Roy J. Smith IV, Esq. Register by Jan. 17 at the OCBA Store.

Feb. 28 – Professionalism and the Attorney-Client Relationship. Professionalism Committee Major Seminar. 9:00 a.m.-5:00 p.m. OCBA Center. CLE: 5.0 general, including 5.0 ethics and 1.0 technology (pending). $40 (OCBA members); $25 (gov’t/ students); $50 (non-members). Speakers: See details in flyer in OCBA Store. RSVP by Feb. 26 at the OCBA Store.

Jan. 23 – Lighting the Way: Navigating the Sea of Emotions Children Experience in Dependency Court. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior

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

An n o unce ments

theBriefs January 2018 Vol. 86 No. 1

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PAGE 41

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

Insurance defense and strong litigation experience preferred. Please send all inquiries to the jmccallister@ rocklawpa.com PIP/BI Attorney Needed. Immediate opening available for attorney with 3+ years of PIP/BI litigation experience.

Salary will be commensurate with civil litigation experience and does include an extensive benefits package. Ideal candidate will have good academic credentials, excellent analytical and writing skills

and the ability to manage caseload from inception through trial. Send resumes to mheaberlin@gobelflakes. com.

Health attorney for small law firm concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 3313030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE. DSK Law is looking for a Florida licensed attorney with 2 - 7 years of civil litigation experience.

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

Types of cases referred include: Criminal Family Tenant

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

PAGE 42

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

The attorney will primarily focus on insurance defense litigation. A successful candidate has exceptional oral and written communication skills. We are seeking motivated individuals who are looking to grow with the Firm for many years to come. We offer a comprehensive compensation package, which includes a salary commensurate with your experience and accomplishments. Please send your resume along with writing samples to Heather Dickerson at hdickerson@dsklawgroup. com.

OFFICE SPACE/SALE/ RENT/LEASE 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.

LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area.

Completely Renovated/ Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free. Parking included.

(407)648-1500.

Office space available. East Jefferson Street. Include internet, fax and copier. 407-843-4310.

Office space available 1515 E. Livingston. Free standing building, 3 offices, reception and free parking. $1500/mo. Unfurnished, $1600/mo. Furnished.

Contact Jessica Travis at jessicatravispa@gmail.com.

Downtown office available. 11th floor.

Views of Lake Eola and downtown. Ample parking.

Includes secretarial stations with receptionist, telephone, internet, copier. Please call 407-792-1285.

WINTER PARK. Ultimate solo practitioner office space. Brand new building. www.village1101.com Inquiries: 407-929-3598.

Invite your colleagues to join the OCBA today!

Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities!

407-422-4551, ext. 225 Correction: The photo on the bottom right of page 19 in the November 2017 issue was misidentified. The correct name is Ericka Garcia, Esq., Florida Bar Foundation.

www.orangecountybar.org

theBriefs January 2018 Vol. 86 No. 1

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Top 5% of Florida attorneys by peer review & independent evaluation Florida Bar Certified !"

Appellate Practice #!"$% 1994 AV Rated Martindale Hubbell #!"$% 1988 Bar Register &' Preeminent Lawyers #!"$%(2004 )*+ Years &' Appellate Experience

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theBriefs January 2014 Vol. PAGE 43 1 82 No.

OCBA Calendar January

OCBA January Luncheon

JANUARY - FEBRUARY 2018

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New Year’s Holiday OCBA Offices Closed Law Day 5k Committee Meeting 12:00 p.m. • OCBA Center Estate, Guardianship & Trust Committee Seminar Estate Planning with IRAs: The Good, The Bad, and The Ugly 12:00 p.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center Brown Bagging with the Bobs Civility and Professionalism 12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm. Member Perks Speaker Series 8:00 a.m. • OCBA Center Technology Committee Seminar Orange County Courthouse Technology Training 12:00 p.m. • Orange County Courthouse, Courtroom 18A Elder Law Committee Seminar Achieving a Better Life Experience: Helping Your Special Needs Client be Able to Save 12:00 p.m. • OCBA Center LAS Lunchtime Training Temporary Custody of Minor Children by Relatives, Chapter 751 12:00 p.m. • Marks St. Senior Center Judicial Relations Committee Meeting 12:00 p.m. • Orange County Courthouse, 23rd Floor Lawyers Literary Society 12:00 p.m. • OCBA Center Veterans Committee Major Seminar Understanding PTSD and the Impact on Family Law 12:00 p.m. • OCBA Center Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Cente

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Labor & Employment Committee Seminar TBD 12:00 p.m. • OCBA Center Law Week Committee Meeting 12:00 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center Appellate Law Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center OCBA Luncheon Speaker: TBD 11:30 a.m. • The Ballroom at Church Street ADR Committee Meeting 12:00 p.m. • OCBA Center YLS Monthly Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar A Year in Trial: Depositions 12:00 p.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training Lighting the Way: Navigating the Sea of Emotions Children Experience in Dependency Court 12:00 p.m. • Marks St. Senior Center Bankruptcy Law Committee Seminar TBD 12:00 p.m. • OCBA Center Diversity Mentoring Picnic 11:00 a.m. • Barry Law School CFACDL & Criminal Law Committee Joint Seminar Access to Criminal Court Records & the Technology Challenges/Mechanism to Preserve Confidentiality 11:30 a.m. • Sorosis Club 14th Annual Texas Hold ’em Charity Poker Tournament 6:00 p.m. • Ace Café

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February

Law 1 Appellate Major Seminar

Back to the Basics of Appellate Practice with the Masters 10:00 a.m. • OCBA Center Insurance Law Committee Seminar Preservation of Error 12:00 p.m. • OCBA Center Member Perks Speaker Series 8:00 a.m. • OCBA Center Law Day 5k Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training Privette, Parenting, Experts, and Safety-focused Parenting Plans 12:00 p.m. • Marks St. Senior Center Business Law Committee Meeting 12:00 p.m. • OCBA Center Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center Paralegal Section 2018 Annual Major Seminar Race Ready: Winning Strategies for Your Practice 8:00 a.m. • Rosen Plaza Hotel Estate, Guardianship & Trust Committee Seminar

Trust Decanting 12:00 p.m. • OCBA Center Brown Bagging with the Bobs Attorneys’ Fees: Hour 2 12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm. Law Week Committee Meeting 12:00 p.m. • OCBA Center Technology Committee Meeting 12:00 p.m. • OCBA Center Elder Law Committee Meeting 12:00 p.m. • OCBA Center

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www.orangecountybar.org

Thursday, January 18, 2018 11:30 a.m.-1:00 p.m.

The Ballroom at Church Street RSVP by January 15, 2018 Orangecountybar.org/store Sponsored by First Green Bank, LexisNexis, Orange Legal Lawyers Literary Society 12:00 p.m. • OCBA Center ADR Committee Meeting 12:00 p.m. • OCBA Center YLS Monthly Luncheon 11:30 a.m. • Citrus Club Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training GAL Dependency Work: It Really is all Fun and Games… Sometimes 12:00 p.m. • Marks St. Senior Center Appellate Law Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. OCBA Luncheon

Speaker: TBD 11:30 a.m. • The Ballroom at Church Street Bankruptcy Law Committee Seminar TBD 12:00 p.m. • OCBA Center Family Law MA/JA Luncheon 12:00 p.m. • Citrus Club Immigration Law Major Seminar TBD 9:00 a.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee Major Seminar Professionalism and the Attorney-Client Relationship 9:00 a.m. • OCBA Center

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For the latest news about

committee meetings, seminars, and events, see the OCBA website at www.orangecountybar.org.

theBriefs January 2018 Vol. 86 No. 1