Orange County Bar Association – The Briefs – January 2019

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message Distinguishing the Profession with Pro Bono Service Richard S. Dellinger, Esq.

January 2019 Vol. 87 No. 1

Attorneys of the Legal Aid Society of the Orange County Bar Association, Inc.

Chief ’s Column In Gratitude for Their Service The Honorable Frederick J. Lauten Legal Aid Society What We Do...

Not All Heroes Wear Capes...

Some Wear Suits and Ties Michael L. Resnick, Esq. Donna A. Haynes

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theBriefs January 2019 Vol. 87 No. 1

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PAGE 1

Contents 3

President’s Message Distinguishing the Profession with Pro Bono Service Richard S. Dellinger, Esq.

4

Professionalism Committee Make 2019 a Year Focused on Service – Pro Bono or Otherwise!

Amy J. Carter, Esq.

5

January 2019 Luncheon Lawyers Matter: Transforming the World, One Client at a Time The Honorable Alice L. Blackwell

6

Clerk’s Corner Another Year of Service and Access Tiffany Moore Russell, Esq.

9

Appellate Practice Committee Appellate Mediation: A Horse of a Different Color Strategies for a Productive Settlement Conference Jennifer R. Dixon, Esq.

10

Chief’s Column In Gratitude for Their Service The Honorable Frederick J. Lauten

12

Legal Aid Society News Letter from the President of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association, Inc. Wynne E. McFarlin, Esq. Letter from the Executive Director of the Legal Aid Society of the Orange County Bar Association, Inc. Mary Anne De Petrillo, Esq.

13-16

18-19 OCBA October Luncheon

21-23 11th Annual Breakfast of Champions

Hearsay Columnist Linnea M. Eberhart, Esq. YLS on the Move Heather M. Meglino, Esq.

30

Legal Aid Society What We Do...

Not All Heroes Wear Capes...

Some Wear Suits and Ties Michael L. Resnick, Esq. Donna A. Haynes

31

Hearsay...

Linnea M. Eberhart, Esq.

32

International & Immigration Law Committee “ICE” Age: Best Practice Tips for I-9 Compliance Natalia Gove, Esq.

34 Paralegal Post Why are Women Leaving the Law? Rawan Bitar

36 SideBar Alena V. Baker, Esq.

39

New Members

41

Announcements

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 ©2019 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

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©2019

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

YLS on the Move Heather M. Meglino, Esq.

Calendar

Editor Kate T. Hollis, Esq.

29

Attorneys of the Legal Aid Society of the Orange County Bar Association, Inc.

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the Briefs SideBar Alena V. Baker, Esq.

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

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

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President’sMessage

January 2019 Distinguishing the Profession with Pro Bono Service Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay, to respond to needs outside themselves, to help repair tears in their communities.

– U.S. Supreme Court Associate Justice Ruth Bader Ginsburg (March 2014)

T Richard S. Dellinger, Esq.

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he practice of law is known as a “learned profession,” requiring extensive learning, preparation, and specialized knowledge. A “profession” is more than just a job; a profession is a calling for a group of people with specialized skills and training who adhere to common ethical standards.

In Florida, the common ethical standards for the legal profession are codified in the Rules Regulating The Florida Bar. Rule 4-6.1 provides that “each member of The Florida Bar in good standing, as part of that member’s professional responsibility should (1) render pro bono legal services to the poor and (2) participate, to the extent possible, in other pro bono service activities that directly relate to the legal needs of the poor.” In Central Florida, the OCBA Bylaws provide at Article II, Section 7 that the OCBA “has a longstanding commitment to provide pro bono legal services to qualified residents of Central Florida.

Regular Members are required to comply with the procedures established by the Legal Aid Society of the Orange County Bar Association, Inc. for pro bono service or contribution in lieu of service.”

Lawyers have long provided pro bono service to their communities. And, Central Florida lawyers regularly provide pro bono service to this community. Providing pro bono service is a moral duty deeply rooted in our sense of professionalism. In November 2002, Justice Sonia Sotomayor said: We educated, privileged lawyers have a professional and moral duty to represent the underrepresented in our society, to ensure that justice exists for all, both legal and economic justice.

Providing our services to the underrepresented for no compensation is one of the fundamental responsibilities and obligations of our profession.

We have the skills and ability to make a profound impact on our community.

In 2017, members of The Florida Bar reported that they provided 1.5 million hours of pro bono services and donated $5.5 million to legal aid organizations. When it comes to pro bono, the OCBA leads by example. The OCBA established its own legal services organization in 1967, the Legal Aid Society of the Orange County Bar, Inc.

(“LAS”), and our LAS remains strong today. LAS has 43 employees, including 19 attorneys and six social workers.

LAS staff and our OCBA volunteers provide a full array of services to our community. In 2017 alone, LAS staff and OCBA pro bono attorneys: • Presented 47 community legal education and outreach events, serving more than 2,000 residents.

• Represented every single one of the 2,673 dependent children coming into the dependency system in Orange County.

• Helped 989 dependent children achieve a permanent living situation through adoption, guardianship, and reunification.

• Assisted 376 homeowners in foreclosure proceedings.

• Assisted 419 tenants threatened with eviction.

• Helped 420 low-income taxpayers obtain $427,048 in Earned Income Tax Credits and other tax benefits.

• Represented more than 100 immigrants who were threatened with removal and separation from family members.

• Helped 240 people expunge minor criminal records to remove barriers to employment and housing.

• Obtained direct client benefits of $2,476,381.99 in past-due support awards and $10,389.24 in monthly awards.

• Provided legal assistance to 298 veterans in 2017 through a partnership with the VA at Baldwin Park and the Lake Nona VA Hospital.

• Provided legal assistance to 120 homeless clients through a Homeless Advocacy Project operating at nine shelters and feeding sites in Orange County.

In total, 1,558 OCBA attorneys donated 16,270 pro bono hours on closed cases and projects in 2017. In addition, OCBA members donated more than $400,000 to support our LAS. While there is always room to do more, the service of our OCBA members and LAS staff is laudable.

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ProfessionalismCommittee

I Amy J. Carter, Esq.

Make 2019 a Year Focused on Service – Pro Bono or Otherwise!

t is that time of year again. That time of year when we all have resolved to be better, do better, and improve our lives in some meaningful way. If you are like me, by the time you are reading this you will have already broken, or, as I like to say, “modified” your new resolutions. If you can relate, I have a challenge for you. This year, instead of focusing on yourself, focus your resolutions on helping others.

This issue of The Briefs is focused on pro bono work. Although there are ample opportunities to provide free legal help, helping others does not have to be in the form of providing legal work.

There are so many ways to get involved: volunteering as a coach at the YMCA; packing and sorting food at United Poverty; agreeing to participate as a speaker at a conference; sitting on a board of directors of a service organization; playing Bingo with veterans at the VA; or participating in a mentoring program. If you already are performing pro bono work or community service, consider trying something new this year, something a little out of your comfort zone.

One of the most common tips for keeping your New Year’s resolutions is to share them with others in hopes that you will actually follow through with them. So, I am sharing with you that one of my resolutions this year is to give back to our bar and community by volunteering for the OCBA Law Week Committee. I have wanted to serve on this committee for a while, because I think it is such a great way to interact and connect with our fellow citizens while sharing important legal concepts and promoting legal education throughout our schools.

By turning the focus to others instead of ourselves, I have no doubt that this will translate into us all being happier and healthier lawyers, which will, of course, benefit our friends, family, community, and clients, which I think is the point of the resolutions to begin with!

Happy New Year!

Amy J. Carter, Esq., an attorney with Quintairos, Prieto, Wood & Boyer, P.A., practices in the areas of nursing home defense and general liability. She has been a member of the OCBA since 2012.

Nominations Now Open for Leadership Positions The following elected leadership positions are open for nominations. The nomination deadline is Tuesday, January 15, 2019.

OCBA Executive Council (One-year term for each position: June 1, 2019, through May 31, 2020.)

• Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2019, through May 31, 2022.)

• Three (3) Executive Council Seats Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2019, through May 31, 2022.)

• Two (2) Trustee Seats Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2019, through May 31, 2021.)

• Five (5) Board Member Seats

Questions? Contact Kim Homer, OCBA Executive Director, at 407-422-4551, Ext. 222.

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OCBA LuncheonThursday, January 24, 2019

J

The Honorable Alice L. Blackwell

Lawyers Matter: Transforming the World, One Client at a Time

udge Alice Blackwell has served as a circuit court judge in the Ninth Judicial Circuit since her appointment to the bench in March 1991. She has served in the Criminal, Civil, Family, Business Court, and Domestic Violence divisions of the Ninth Judicial Circuit. Judge Blackwell was the first female judge appointed to serve as an administrative judge in the Ninth Judicial Circuit, and she currently serves as the associate administrative judge in Family Court with responsibility for the Domestic Violence Division of the court.

Judge Blackwell served as the first administrative judge for the Domestic Violence Division of the Ninth Judicial Circuit’s Family Court, and she served on the first team of three judges in that division when it was established. She is currently serving a second rotation in that court. Judge Blackwell has served on the Orange County Domestic Violence and Child Abuse Commission since 2005 and has been the co-chair of that commission since 2007.

Since becoming a judge, Judge Blackwell has received the 2018 Chief Justice Award for Judicial Excellence; the Trial Judge of the Year Award from the American Board of Trial Advocates, Central Florida Chapter; the James G. Glazebrook Memorial Bar Service Award given by the Orange County Bar Association to a judge who exhibits outstanding professionalism; and the George C. Young American Inn of Court Outstanding Member Award for fostering excellence in professional-

ism, ethics, and civility in the practice of law.

Judge Blackwell received the American Bar Association’s Women Business & Commercial Advocates Award. She has also received a number of awards for her work in the areas of domestic violence and victims’ rights, including being named the 2018 Champion of Justice by Harbor House of Central Florida, as well as awards from the Orange County Domestic Violence Task Force, the Victim Services Coalition of Central Florida, and the Office of the State Attorney.

Judge Blackwell serves on the steering committee on Families and Children in the Court, which is established by the Florida Supreme Court to make recommendations regarding best practices in family law for the state court system. She was elected by her peers to serve as chair of the Florida Conference of Circuit Judges, and she served as the chair of the Supreme Court Commission on Trial Court Performance and Accountability. Each year, she serves as a faculty member in the Florida New Judges’ College, teaching in the family law track. Currently, Judge Blackwell also teaches family law and collaborative law as an adjunct professor at Barry University School of Law. Judge Blackwell graduated from Furman University and the University of South Carolina School of Law. She is married to David Willbur and has three sons and two daughters-inlaw of whom she is very proud.

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

191 E. Pine St., Orlando, FL 32801 Please RSVP by Monday, January 21, 2019 Supporting Sponsors:

RSVPs will not be accepted after January 21, 2019 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than January 21, 2019 To cancel, contact Ashley Norris at ashleyn@ocbanet.org

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Clerk’sCorner

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

Another Year of Service and Access We also continued to serve the community by hosting free legal forums on public records access, child support, domestic violence, and mental health. Over the summer, we expanded online payments to include criminal fines and fees and added a court hearing calendar to our website to help people find any upcoming court hearing, date, time, and location without having to make a phone call.

And by year’s end, my office launched a “shopping cart” feature, which allows customers to purchase a packet or multiple packets of forms for civil and family matters. Now, customers also can order and pay online for copies of court records and documents, both certified and non-certified.

We have come a long way to keep up with our digital age, and I am excited about what this new year holds as my office continues to look for new ways to enhance the customer experience and provide affordable access to justice.

s we kick off 2019, I want to take a moment to reflect on the past year and thank all the legal partners who have helped my office serve the community and provide access to justice.

As an attorney, it is a privilege to work closely with the Orange County Bar Association (“OCBA”), which has a long history of partnering with the Clerk’s Office to ensure that changes affecting the legal community are properly vetted, tested, and communicated in a timely manner.

The partnership is more important than ever as we continue to expand self-help options, enhance technology, and make doing business with the Clerk’s Office easier.

This past year, my office cut the ribbon on our Self Help Center at our Apopka branch, and we couldn’t have done it on our own. Our partnership with the OCBA allows us to offer low-cost attorney consultations in family law, small claims, and residential evictions one day a week in Apopka and three days a week at the downtown courthouse.

We invite you

to submit your nominations today for the OCBA’s Liberty awards. Recipients will be honored and will receive their award at our annual Law Week Luncheon on April 25, 2019.

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

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

The Liberty Bell Award recogniz- Criteria: es a person or organization in our • Promotes a better understanding community, outside the traditional of the rule of law; legal profession, that best exempli• Encourages a greater respect for fies the criteria for this award. law and the courts; The Liberty Shield Award recog• Stimulates a sense of civic renizes a first responder who demsponsibility; and, onstrates exemplary service to the • Contributes to good government health or safety of our community. within the community.

The Liberty Apple Award recognizes a teacher who demonstrates exemplary service to the education o f s t u d e n t s i n o u r c o m m u n i t y.

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, 2019 to: Kim Homer, Executive Director, OCBA, 880 N. Orange Ave., Orlando, FL 32801 or khomer@ocbanet.org.

For further information, contact Jeramy Beasley at Jeramy.Beasley@csklegal.com.

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

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

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b

2019 OCBA GALA

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

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

$ $

150 per person beginning February 9, 2019

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

Proceeds benefit the Orange County Bar Association Foundation, Inc. PAGE 8

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Appellate PracticeCommittee Appellate Mediation: A Horse of a Different Color Strategies for a Productive Settlement Conference

M Jennifer R. Dixon, Esq.

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any family law and civil trial attorneys are familiar with the notion that mediation at the appellate level can be challenging.

There is a common refrain heard at dispute resolution conferences: “How do you get the parties to compromise on appeal when a ‘winner’ has already been declared?” In more closed circles, the question may be phrased more candidly, such as, “Why bother?” Attorneys representing the prevailing party at trial often believe that the likelihood of success on appeal is, statistically, so slim, there is simply no reason their clients should voluntarily agree to compromise what may have been a hardfought judgment. On the other hand, attorneys representing the losing party – the appellants on appeal – may be convinced that the trial court made a cataclysmic error that no appellate panel could reasonably abide; or they may view the appellate process as a “Hail Mary,” a last-ditch effort to reverse their client’s misfortune. Either way, the appellant’s focus is on a full reversal to avoid the effect of the judgment, not to concede defeat by compromising. From the time the Notice of Appeal is filed, both sides are operating under the belief that the best route is to see the appeal run its course. With that background, is it so surprising that an Order of Referral to Mediation from the appellate court might be received with cynicism?

Although skepticism may not be surprising, statistics show it may be unwarranted. The Fifth District Court of Appeal continues to report success with its mandatory mediation program. Of the cases that the court deems eligible (final civil and family appeals with both parties represented by counsel), approximately 33% are referred to mediation. Of the cases that are mediated, approximately 25% result in settlement and dismissal of the appeal. In 2017, the court reviewed 486 eligible cases. Of those cases, 169 (34.8%) were referred to mediation, and 42 (24.85%) were successfully resolved. Those numbers have remained consistent over several years. Although the Fifth District Court of Appeal is the only state appellate court with an institutionalized mediation program, all appellate courts have the discretion to refer cases to mediation by motion of the court or by a party, pursuant to Florida Rule of Appellate Procedure 9.700(b). The statistics support the conclusion that some cases should and can successfully settle post-judgment.

Aside from the obvious financial commitment of an appeal, the uncertainty of an appeal can often

help the parties see the wisdom in compromise.

Appellate mediators, who are specially certified by the Florida Supreme Court to mediate appeals, are trained that the best tool in their arsenal is doubt. While arguably more predictable than a jury verdict, the interplay between the standards of review, the preservation of errors at trial, the availability of a complete record, and a divergence of legal precedent can lead to unanticipated results. A mediator can sow doubt by focusing on the unpredictability of the appeals process, which may cause both parties to consider the possibility that they could lose on appeal and bring them to the bargaining table. A mediator can also remind the appellee that, although they have a money judgment, for example, collection on that judgment may be another costly endeavor.

Before an appellate mediator ever gets a chance to work his or her magic, however, the parties must come to the table. Literally. Although appellate mediations are intended to be similar in format to other civil mediations, more and more frequently, it seems that appellate mediators are dispensing with a joint opening session. The reason for this may be as simple as one party – often, the appellant, who has been declared the loser by the trial court – does not want to face his or her opponent. In an effort to start the process harmoniously, some mediators will abide by the request and dispense with the joint session – keeping the parties sequestered for the entire mediation conference. Of course, there is no requirement that mediators conduct a joint session. Joint sessions can be uncomfortable and awkward when there is a good amount of animus between the parties. They can also be dangerous where there is a history of domestic or interpersonal violence between the parties.

Absent mitigating circumstances that make faceto-face contact unwise, a joint opening session is a far more valuable tool in the appellate mediator’s toolbox than many have been trained to believe. A joint session gives the mediator the opportunity to address and alleviate the hostility between the parties that can naturally grow during the trial process, and to foster an atmosphere of collegiality and cooperation. Of course, it is human nature to want to avoid conflict when possible. An appellant who has been embarrassed or outraged by a loss at trial may want to avoid having to face a gloating opponent across the table. Even a mediator, in a good faith effort to maintain a calm, peaceful environment,

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Chief’sColumn

A

In Gratitude for Their Service

s we begin the new year, I would like to reflect for a moment upon the incredible judicial careers of six judges in the Ninth Judicial Circuit who recently retired from full-time service on the bench. As a group, these judges served the citizens of our region with distinction and dedication. Together, their years of service add up to more than 100 years of judicial experience. While we will miss them as a group, I want to highlight how each of these judges uniquely contributed to The Honorable Frederick J. Lauten the betterment of the bench in the Ninth Judicial Circuit.

Chief Judge I’ll begin with the first Ninth Judicial Circuit Court female judge elected in Osceola County. Judge Carol Draper was elected to the Osceola County bench in 1993. While her election stands as a testament to gender diversity, her legacy as a judge is built on her fiery passion for the law and her “no nonsense” command of the courtroom. Judge The Hon. Carol E. Draper Draper was always firm, but reasonable, and never lost sight of the purpose behind serving and making a difference for the people of Osceola County. During her tenure, she served as an associate administrative judge. She was instrumental in starting a local teen court program, where she later served as chair – requiring kids to be accountable for criminal behavior without ruining their futures with a criminal record.

Judge Sally Kest was one of only five women in her class of 150 students at Florida State University’s College of Law, one of only four who graduated with her juris doctor degree, and one of the first five members of the Central Florida Association for Women Lawyers (“CFAWL”). She spent 30 years as an attorney speThe Hon. Sally D. M. Kest cializing in juvenile and family law before joining the judiciary. Committed to serving the unique needs of juveniles, Judge Kest was the driving force behind the creation of the OCBA Legal Aid Society’s Guardian ad Litem PAGE 10

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program. She served on the board of directors of the Florida Legal Aid Services for more than 10 years, helping to shape the organization’s delivery of legal services throughout Florida. In 2017, CFAWL honored her with its Legacy Award for her impact on the courts and the community. It is fitting that Judge Sally Kest ended her career presiding over a juvenile docket.

Judge Marc Lubet joined the bench in 2007 and served two terms as a circuit judge. When Judge Lubet joined the bench, we knew we were getting an experienced litigator.

For example, as an attorney Judge Lubet was one of the first litigators to successfully argue spousal abuse syndrome as a defense. What we didn’t The Hon. Marc Lubet know in 2007 was how much passion Judge Lubet would bring to serving and teaching others. Throughout his career on the bench, he prioritized educating law students, hosting semester-long internships for more than 40 law students, guest lecturing at high schools, colleges, and law schools, and teaching family law and trial advocacy at the University of Central Florida. At the same time, Judge Lubet never shied away from presiding over some of the more difficult high-profile criminal trials, including cases involving Lisa Nowak (astronaut), Jim Greer (chair of the Republican Party), and Kelvin De La Cruz (University High School student who murdered another student at the bus circle). Judge Lubet was awarded the Justice Award by the Orange County Domestic Violence Task Force in 2013.

Judge Wilfredo Martinez is a founding member of the Hispanic Bar Association of Central Florida and was appointed to the judiciary in 1998.

During his time on the bench, he created and ran the Courthouse Law Academy, a motivational program for youth. Judge Martinez sits on the board of the State Justice InstiThe Hon. Wilfredo Martinez tute, a federal non-profit

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corporation that awards grants to help improve state court systems in all 50 states and U.S. territories. This board has designated human trafficking as one of its primary investment areas, thereby giving priority to requests for funding anti-human trafficking court-related projects. He is committed to the work of the anti-human trafficking effort and is presently the vice chair of the Florida Abolitionists Board of Directors.

An expert on the issue, Judge Martinez co-authored a chapter in the book Human Trafficking: A Systemwide Public Safety and Community Approach (West Academic Publishing, 2017).

When Judge Heather O’Brien took the bench in 2010, she was already a fierce supporter of the Osceola County Teen Court Program, having committed more than 270 hours to the program over the course of four years. Appointed to the bench at the age of 33, Judge O’Brien served eight and a half years as a judge in Osceola County.

She was appointed as a mentor judge to newly appointed and elected judges, taught at advanced judicial colleges and judicial conferences, and was a member of both the Florida Judicial Needs Assessment ComThe Hon. Heather O’Brien mittee and Ninth Judicial Circuit Pro Bono Committee. She also participated in the Justice Teaching Program, which educates local students about the Constitution and legal system. Devoted to and actively involved in Osceola County, Judge O’Brien is a 2009 graduate of Leadership Osceola and has served on numerous boards dedicated to bettering the lives of children.

And finally, we come to the longest-serving member, not just of the six retiring judges, but of the entire Ninth Circuit judiciary,

President’sMessage continued from page 3

Many lawyers came to this profession seeking to fulfill a deep sense of service. Many thought their careers would be spent helping people in dire conditions in need of the skilled services of an attorney. But, the realities of the practice can temper those expectations. In 1999, Justice Sandra Day O’Connor wrote in the Oregon Law Review: Certainly, life as a lawyer is a bit more complex today than it was a century ago.

The ever-increasing pressures of the legal marketplace, the need to bill hours, to market to clients, and to attend to the bottom line, have made fulfilling the responsibilities of community service quite difficult. But public service marks the difference between a business and a profession. While a business can afford to focus solely on profits, a profession cannot. It must devote itself first to the community it is responsible to serve. I can imagine no greater duty than fulfilling this obligation. And I can imagine no greater pleasure.

For some, their entire career is spent in public service. For others, the draw to service brings them to pro bono service as a theBriefs January 2019 Vol. 87 No. 1

Judge Jose Rodriguez. Judge Rodriguez served for 31 years on the bench after working 10 years as an appellate attorney. Judge Rodriguez was instrumental in the creation of the circuit’s drug court program in 1997. One of only three drug courts in the nation at the time, he helped shape how courts handle substance abuse among juvenile delinquents. Judge Rodriguez is a certified judicial instructor and served as an adjunct professor for both Barry University Law School and the Uniof Central Florida’s Legal Studies The Hon. Jose Rodriguez versity Department. Most recently he was part of a team that developed a course for continuing judicial education – The Effective Use of Court Monitors in Guardianship Cases – that was taught at the 2017 Advanced Judicial Studies Conference.

Even in this brief retrospective, it is easy to see the depth of our retiring judges’ commitment to the law and their dedication to ensuring equal access to justice and the fair disposition of cases.

They leave behind a legacy and a tangible impact that reverberates throughout our profession – continuing to help us all uphold our own commitment to serving the law and the community.

Judges Carol Draper, Sally Kest, Marc Lubet, Wilfredo Martinez, Heather O’Brien, and Jose Rodriguez, thank you for your years of service, your dedication and passion for the administration of justice, and your commitment to bettering our community. We are all enriched by the time you gave to the bench and the law, and it is with sincere gratitude that I thank each of you for your service.

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

supplement to their practice. Serving the community for no compensation fulfills that moral duty of service.

As lawyers, we have a vested stake in ensuring that our justice system is both just and equal regardless of the socioeconomic status of those impacted. Equal justice is a fundamental tenet of our democracy; the phrase “Equal Justice Under Law” is engraved as a caption on the front and center façade of the United States Supreme Court building.

In 1976, Justice Lewis F. Powell, Jr. wrote: Equal justice under law is not merely a caption on the facade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists . . . it is fundamental that justice should be the same, in substance and availability, without regard to economic status.

This followed a famous statement by Justice Hugo Black, who wrote in 1964: There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.

The courts recognize that there are certain fundamental rights, such as the loss of liberty (Gideon v. Wainwright) or the loss of www.orangecountybar.org

children (Lassiter v. DSS), that may not be deprived without the appointment of a lawyer. As members of The Florida Bar and OCBA, we extend those principles even further. Pro bono lawyers represent the interests of abused, abandoned, and neglected children in dependency proceedings; seniors in guardianship proceedings; victims in domestic violence proceedings; homeowners and tenants facing the loss of their home; and immigrants subject to removal and separation from their families. By serving the poor and defenseless, OCBA members help to deliver a just and fair system of justice to the less fortunate.

In this month’s edition of The Briefs, we celebrate the pro bono service of our lawyers and we celebrate our Legal Aid Society of the Orange County Bar, Inc. Thank you, OCBA members and LAS staff, for all you do to serve the underserved and for your commitment to equal justice under the law.

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

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

Wynne E. McFarlin, Esq.

January 1, 2019 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 and this bar’s panel of pro bono lawyers provide essential legal services to more than 1,200 new clients every year. 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!

Wynne E. McFarlin, Esq. Legal Talent LLC President, 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.

January 1, 2019 Dear Orange County Bar Member: Thank you for your help and support. Our organization was created by the Orange County Bar Association membership in 1961 to provide the poor civil legal access to the civil court system. Staff and pro bono attorneys provide free legal services for lowincome 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 16,000 hours of free legal services to the community through the Legal Aid Society. We need your help again in 2019. 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 this year.

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.

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www.orangecountybar.org

You may make your pro bono selection online.

If you follow the link below you will go to a fillable 2019 Preference Form through which you can select cases, projects, or contributions.

2019 Online Fillable Preference Form: https://secure.acceptiva.com/?cst=111b5c For your information, the 2019 Pro Bono Brochure http://legalaidocba.org/ documents/2019ProBonoBrochure.pdf For your information, the 2019 Pro Bono Preference Form http://legalaidocba.org/ documents/2019ProBonoFinalPref.pdf If you prefer to be emailed or mailed the forms, please contact Cathy Tucker, pro bono coordinator, ctucker@legalaidocba.org, or Milly Gonzalez, assistant pro bono coordinator, mgonzalez@legalaidocba.org.

Thank you again and best wishes for a happy new year.

Mary Anne De Petrillo, Esq. Executive Director

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Attorneys of the Legal Aid Society of the Orange County Bar Association, Inc. Mary Anne De Petrillo, Esq. Executive Director Mary Anne De Petrillo, Esq., executive director, is directly responsible for management of the day-to-day operation of the Legal Aid Society of the Orange County Bar Association, Inc. (“LAS”), which provides both civil legal assistance to low-income clients and Guardian ad Litem (“GAL”) legal services. She is responsible for assessing needs and ensuring that the organization’s objectives are met. She provides direction to and supervision of program staff, including supervision of legal work and case management. Mary Anne is responsible for the financial management of the LAS under the policies set by the board of trustees, working with funding sources, assuring quality legal services to clients, and managing pro bono programs that 3,500 bar members participate in by taking cases, working in special projects, and/or donating funds. She manages a staff of 19 attorneys and 24 support staff. She also handles legislative advocacy and various other duties as the need arises. Mary Anne received her juris doctor in 1977 from the Loyola University College of Law, New Orleans, and has been a member of the OCBA since 1984. She is the recipient of the OCBA’s 2009 William B. Trickel, Jr. Professionalism Award.

Catherine A. Tucker, Esq. Deputy Director & Pro Bono Coordinator Catherine A. “Cathy” Tucker, Esq., deputy director and pro bono coordinator, manages the Legal Aid Referral Department with a staff of three. The department manages pro bono work of cases, projects, and contributions, excludingGAL cases, which are handled by the GAL Program director. Cathy recruits attorneys through the annual solicitation of 3,000 to 5,000 attorneys and refers more than 1,000 new cases each year. She provides quality control for 600 open cases.

In addition, she provides ongoing support for pro bono clients and attorneys, such as monthly lunchtime training seminars, guardianship background checks, sample forms, and legal materials in many cases. She recruits attorneys and law students for 12 projects and provides the setup and management of the AIDS Special Will Project and the Earned Income Tax Clinic. Cathy is responsible for updating and managing attorney data and pro bono information in the case management system. She manages daily intake two to three days a month. She is the site coordinator for the VITA Tax Clinic, which is now open year-round, serving more than 300 people annually. Cathy received her juris doctor in 1975 from the University of Florida Levin College of Law and has been a member of the OCBA since 1976.

Angel M. Bello-Billini, Esq. Litigation Director As litigation director, Angel M. Bello-Billini, Esq., works to ensure program clients receive quality representation in all legal matters. He supervises and consults with attorney staff and the GAL Program litigation director on litigation, training, and support issues. He consults with individual staff attorneys on substantive, procedural, evidentiary, ethical, and strategic matters arising in their caseloads. Angel also assists attorney staff in developing yearly goals and activity accomplishments and provides ongoing supervision and evaluation theBriefs January 2019 Vol. 87 No. 1

of attorney advocacy efforts and compliance with program procedures and requirements. In addition, he carries a limited case load in family law. Angel is in charge of monitoring developing family law legislation for LAS through the Family Law Section of The Florida Bar. He is also a family law resource for pro bono attorneys and through The Florida Bar’s SCOPE program, a resource for less experienced attorneys statewide. For several years now, he has been a member of the Florida Supreme Court’s Family Law Forms Workgroup. Angel received his juris doctor in 1976 from the Seton Hall School of Law and has been a member of the OCBA since 1987.

Larri T. Thatcher, Esq. Intake, Outreach, and Community Education Coordinator As the intake, outreach, and community education coordinator, Larri T. Thatcher, Esq., manages a staff of three and approximately 30 volunteers. The intake support staff and volunteers screen about 15,000 new requests for service each year. Larri’s area of specialty is Sealing and Expunction of Records. In addition to handling these cases, she also provides support services to pro bono attorneys seeking to handle sealing and expunction cases. She provides counsel and advice and brief services to many LAS clients in other areas of law. She creates and maintains programmatic manuals that relate to the processing of all non-GAL requests for assistance. Larri is responsible for arranging, attending, or speaking at community education and outreach events. LAS generally sponsors/attends about 30 events per year, with 12 of the events focused on sealing or expunction of a criminal records. Additionally, she oversees the case management system as it relates to processing non-GAL client files and is directly responsible for managing several grants and preparing related reports. She is a member of the of the LAS management team and, as such, works with other members of the team on special projects and overall development of office procedures as needed. She works with the development director by attending fundraising and awareness activities and promoting special events with the media. Larri received her juris doctor, cum laude, in 1991 from the New England School of Law and has been a member of the OCBA since 1995.

Bethanie A. Barber, Esq. GAL Program Director As the GAL Program director, Bethanie A. Barber, Esq., manages both the operational and the programmatic functions of the GAL Program.

She oversees the GAL intake and referral system as well as the case management system. She is responsible for maintaining compliance with the contracts LAS holds for GAL services and the annual reporting requirements related to those contracts. Bethanie manages staffing and volunteer needs, as well as a team of 10 GAL staff attorneys, six case coordinators, and four support staff. She oversees litigation strategies and training for staff attorneys and volunteer attorney GALs. Bethanie also shares responsibility for budgetary matters and resource development. She works with LAS and community partners to identify the primary needs of the children represented by the program, collaborating with staff to develop goals and objectives for delivering legal services and evaluating whether those services were effective in addressing the legal needs

www.orangecountybar.org

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Attorneys of the Legal Aid Society of the Orange County Bar Association, Inc. Bethanie A. Barber, Esq. Continued of the children in the program. She is responsible for ensuring that LAS is meeting the needs of pro bono attorney GAL volunteers with litigation and case management support. Bethanie received her juris doctor in 2006 from the University of Florida Levin College of Law and has been a member of the OCBA since 2008.

Tenesia C. Hall, Esq. Family Law Attorney Tenesia C. Hall, Esq., interned with the LAS during summer 2000 as a Florida Bar Foundation Fellow. She began her career at LAS in August 2001 as an Equal Justice Works (formerly National Association of Public Interest Law) Fellow. Currently, she handles family, guardianship, and dependency matters in addition to providing substantive trainings and technical assistance to pro bono attorneys. She has historically devoted a majority of her practice to family law, providing direct legal representation in all of the family law areas the LAS handles. Tenesia serves as LAS’s lead Victims of Crime Act attorney and Florida Coalition Against Domestic Violence Clearinghouse attorney and conducts intake, community education, and outreach. She coordinates non-GAL undergraduate interns. Tenesia has held different in-house positions, such as GAL Program education attorney, Domestic Violence Department supervisor, Legal Assistance to Victims Grantee attorney, and Pro Bono Project coordinator for the AIDS Special Wills Project, Teen Parent Education Program, and Attorneys Fighting for Seriously Ill Children. Tenesia received her juris doctor in 2001 from the University of Florida Levin College of Law and has been a member of the OCBA since 2001.

Coravious L. Cowart, Esq. GAL Associate Litigation Director and Intern Coordinator As the GAL associate litigation director, Coravious L. Cowart, Esq., supervises and supports the casework of staff and volunteer GAL attorneys. He also works with staff to develop, implement, and evaluate the effectiveness of advocacy projects; assists in developing and preparing grant applications; and helps to establish annual project goals and objectives and monitor the progress of staff in achieving those goals. In addition, he also acts as the GAL for 13 children. Coravious received his juris doctor in 2011 from the Florida Coastal School of Law and has been a member of the OCBA since 2012.

Ana Bernal Roberts, Esq. Immigration Attorney As an immigration attorney, Ana Bernal Roberts, Esq., provides legal representation, counsel, and advice to low-income immigrants and immigrant children before the United States Citizenship and Immigration Services (“USCIS”) and Department of Justice, Executive Office of Immigration Review, commonly known as Immigration Court. Ana also provides direct legal representation to immigrant victims of domestic violence, violent crimes, and human trafficking, and immigrant children who have been abused, abandoned, or neglected by petitioning to USCIS for spePAGE 14

cial visas and legal status created for this victimized population.

Ana received her juris doctor in 1998 from the Nova Southeastern University Shepard Broad College of Law and has been an OCBA member since 2014.

Sarah L. “Sally” McArthur, Esq. GAL Volunteer Advocates for Children Coordinator Sarah L. “Sally” McArthur, Esq., is an attorney in the GAL Program and is the Volunteer Advocates for Children coordinator. In addition to her work as a GAL on specific cases, she coordinates the efforts of all non-attorney GAL volunteers in the area of recruitment through community outreach, volunteer training, oversight, and retention. She also works with the out-of-county coordinators in the statewide GAL Program for LAS’ Orange County children who are placed in other counties to make sure that the children are seen and that any issues spotted are relayed to the local staff and pro bono attorneys. In addition, she coordinates special projects for the children, such as holiday gift and bike giveaways, as well as the ongoing book project, which provides free books to low-income children. She serves on the executive council of the Public Interest Law Section of The Florida Bar and is past chair of the Children’s Cabinet of Orange County.

Sally received her juris doctor, graduating cum laude, in 2006 from the Florida A&M University College of Law and has been a member of the OCBA since 2007.

Kavita Sookrajh, Esq. GAL Attorney Kavita Sookrajh, Esq., a GAL Program staff attorney, serves as a courtroom attorney for the GAL Program. She has represented the best interests of hundreds of children in Chapter 39 Child Dependency proceedings over the years.

In addition to filing motions and pleadings, she advocates for children’s best interests outside the courtroom. She follows up by visiting children to check on their welfare, attending meetings, and staying in touch with caretakers. Kavita received her juris doctor in 1999 from the University of Miami School of Law and has been a member of the OCBA since 2006.

Mexcye C. Roberts, Esq. GAL Developmental Disabilities Attorney As a GAL Program attorney, Mexcye C. Roberts, Esq., is responsible for representing the best interests of children in Chapter 39 dependency proceedings and for advocating for children with special needs. Mexcye is also responsible for working with Community Based Care of Central Florida to ensure that appropriate applications are filed when a child may be eligible for services through the Agency for Persons with Disabilities. She was previously employed as an assistant state attorney with the Ninth Judicial Circuit and as a human resources professional for the Walt Disney World Resort. Mexcye received her juris doctor in 1997 from the Nova Southeastern University Shepard Broad College of Law and has been a member of the OCBA since 2014.

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Attorneys of the Legal Aid Society of the Orange County Bar Association, Inc. Jamos K. “Jay” Mobley, Esq. Consumer/Homeless/Veterans Attorney As a consumer attorney, Jamos K. “Jay” Mobley, Esq., helps families and individuals faced with consumer debt collection, garnishments, student loan debt, unfair debt collection practices, identity theft, and more. As the Veterans Advocacy, Legal Outreach & Representation Project coordinator – known as the VALOR Project – Jay assists veterans and their families with a wide range of legal issues through a medical-legal partnership with the Orlando Veterans Hospital. As the Homeless Advocacy Project coordinator, Jay oversees community outreach programs at various local homeless services provider sites.

He serves as a member of the One Orlando Alliance and assists clients with LGBTQ-related legal issues, volunteers as a VITA tax preparer, and volunteers to draft free wills for low-income veterans. Jay received his juris doctor in 2012 from the Florida Coastal School of Law and has been a member of the OCBA since 2012.

Marie M. Priebe, Esq. GAL Mental Health Attorney As the GAL mental health attorney assigned to the Magistrate’s Division, Marie M. Priebe, Esq., takes special interest in children with mental health needs. The goal of advocating for these children is to ensure that they receive necessary services tailored to their needs in order to achieve permanency. These needs can include proper medication, appropriate placement, and a variety of therapies. She participates in day-to-day courtroom advocacy and assists pro bono attorneys with their GAL cases. Prior to taking on this role, Marie served as the Volunteer Advocates for Children coordinator. She also volunteers with the Teen Parent Program. Marie received her juris doctor in 2012 from the University of Florida Levin College of Law and has been a member of the OCBA since 2014.

Hannah N. Farber, Esq. Housing Attorney As the housing attorney at LAS, Hannah N. Farber, Esq., provides legal assistance to tenants in danger of being evicted from their rental property as well as homeowners who are facing the loss of their home as the result of a foreclosure action. Prior to serving in this capacity, Hannah was the education attorney and courtroom attorney in the GAL Program, where she began her career in 2014. She also participates in the VITA Tax Clinic. Hannah received her juris doctor in 2013 from the Suffolk University Law School and has been a member of the OCBA since 2014.

Jonathan H. Neyer, Esq. GAL Specialty Courts and Crossover Attorney Jonathan H. Neyer, Esq., is a Division 3 team attorney in the GAL Program. He represents the best interests of abused, abandoned, and neglected children. He advocates for children through in-court litigation and out-of-court meetings with parties and service providers.

Jonathan makes recommendations on the child’s behalf regarding medical, mental health, education, or economic services needed to bring stability to the child’s life. Jonathan also litigates juvenile dependency cases in the specialty Drug Court and Early Childhood Court. In addition, he volunteers with the VITA Tax Clinic.

Jonathan received his juris doctor in 2013 from the St. Thomas University School of Law and has been a member of the OCBA since 2014.

Katie M. Pareja, Esq. GAL Youth Transition Attorney As the GAL youth transition attorney, Katie M. Pareja, Esq., advocates for children in the dependency system who will age out or enter extended foster care and transition into adulthood. The goal of advocating for children transitioning into adulthood is to ensure that they receive necessary services tailored to their needs, including a variety of therapies, proper medication management, mentors, academic planning, ensuring they have vital documents, and appropriate post-18 placements. As a courtroom attorney, Katie assists pro bono GAL attorneys both in and out of the courtroom and provides courtroom advocacy to children in the dependency system. She also conducts CLE trainings for pro bono attorneys, serves as a GAL, and volunteers for Teen Court as a jury advisor.

Katie received her juris doctor in 2017 from Pennsylvania State University, The Dickinson School of Law and has been a member of the OCBA since 2018.

Ronnie A. Syme, Esq. GAL Crossover Attorney As the GAL crossover attorney assigned to Division 7, Ronnie A. Syme, Esq., advocates for children who are in both the dependency system as well as the juvenile delinquency system.

By advocating for children who are in both systems, it is possible to ensure that the children are receiving all necessary services to fit their individual needs.

This may include mental health treatment, mentors, extracurricular activities, tutoring, or finding an appropriate placement. As a team attorney in Division 7, Ronnie represents the best interests of children through courtroom advocacy, addressing pleadings, assisting pro bono GALs in and out of the courtroom, attending case staffings, and conducting home visits. Ronnie received her juris doctor in 2008 from the Barry University Dwayne O. Andreas School of Law and has been a member of the OCBA since 2013.

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Attorneys of the Legal Aid Society of the Orange County Bar Association, Inc. Leah B. Dual, Esq. GAL Attorney/Education Specialist Leah B. Dual, Esq., works as a dependency attorney. She attends court hearings and trials, prepares motions and petitions, attends meetings on cases, and works with community partners, including the Florida Department of Children and Families (“DCF”) attorneys and contracted case management staff. Leah also has volunteer cases where she visits the children and advocates for them in court based on her interaction with the children. As the education specialist on the GAL team, Leah attends school meetings

and conferences to advocate for children’s educational needs. Prior to her position at LAS, Leah worked in the public-interest arena as an attorney with the U.S. Small Business Administration’s disaster assistance team based in Atlanta, Georgia; a public defender in the Seventh Judicial Circuit; a senior attorney in DCF’s Seventh Judicial Circuit; and a senior attorney for the Statewide GAL Program in the Eighteenth Circuit. She currently volunteers in the Justice Teaching Program, serving as a volunteer hearing officer for the Prosecution Alternative Youth Program run by the Seminole County Sheriff’s Office. Leah received her juris doctor in 1997 from the Catholic University of America, Columbus School of Law and joined the OCBA in 2018.

Laura M. Gutierrez, Esq. Attorney Laura M. Gutierrez, Esq., a staff attorney, works on outreach events for community education on sealing and expungement of criminal records. She also assists with domestic violence cases and is an attorney with the VITA Tax Clinic Program, working during tax season as well as throughout the year. Laura received her juris doctor in 2017 from the Barry University Dwayne O. Andreas School of Law and has been a member of the OCBA since 2018.

kind of approach. This gives the mediator the opportunity to sow Appellate PracticeCommittee continued from page 9

may want to avoid starting the session with the parties expressing their frustrations, which can get uncomfortable. Mediation is not easy work if you’re doing it effectively. Giving parties, especially highly emotional ones, the opportunity to clear the air and find common ground after months or years of litigation requires patience and skill. However, it’s worth the extra effort, and the mediation can be more effective with a “we are all in this together”

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doubt in both parties at once, instead of being perceived as “beating up” on one party in a caucus room.

Another strategy for a successful appellate mediation is to reduce or eliminate trial counsel’s participation in the process. After trial, it is not uncommon for the parties to view opposing counsel as an enemy combatant. Once trial counsel has put his opponent through the rigors of depositions, discovery, and cross-examination and managed to convince a jury that the opponent’s claim or defense is wrong, the opponent may be understandably resentful.

If the parties can enter appellate mediation with new counsel, attorneys who did not take an active role in the trial can quickly diffuse the animus. Of course, in many cases, it may be critical for trial counsel to participate in settlement discussions. In such an event, consider having trial counsel remain in the caucus room, and regrouping privately after the joint session.

Finally, remember that time is your friend. Under Rule 9.700(c), appellate parties have 30 days after the first mediation conference to complete the mediation. That deadline can be modified by court order, if necessary. In cases where the parties seem too entrenched in their positions to find common ground, the mediator may elect to continue the mediation rather than quickly declaring an impasse. If there have been settlement offers conveyed during the mediation, but the parties are too emotional or entrenched to make progress, sometimes the passage of time or other events continuing in the lower court (i.e., denial of a stay, attorneys’ fee motions, enforcement proceedings, etc.) may make the parties rethink their positions. An effective appellate mediator will continue to monitor the parties to see whether there is an opportunity to bridge the gap before the expiration of the mediation deadline.

These are just a few tools an appellate mediator can use to ensure an effective mediation session and increase the likelihood of reaching a settlement. Recognizing that appellate mediation is a horse of a different color, and making a few strategic adjustments from a typical civil or family mediation, can result in better outcomes for all.

Jennifer R. Dixon, Esq., is a litigation partner at Lowndes, Drosdick, Doster, Kantor & Reed, P.A., where much of her practice is focused on civil and family law appeals. She has been a Florida Supreme Court-certified civil and appellate court mediator since 2012 and a member of the OCBA since 2005. Ms. Dixon would like to acknowledge and thank Nicholas A. Shannin, Esq., for his contribution to this article.

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theBriefs January 2019 Vol. 87 No. 1

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Hon. Frederick Lauten Michelle R. Suskauer, Esq. Suzanne E. Gilbert, Esq. Arti A. Hirani, Esq. Jamie Billotte Moses, Esq. Hon. Dan Traver Hon. Julie O’Kane

Acharya Ashok Shukla, Arti A. Hirani, Esq., President, CFAWL

Jacob Huckabee; Kevin Fedotov; Jay Small, Esq.; Hon. John E. Jordan; Hon. John M. Kest; Hon. Sally D.M. Kest

100% Club Certificates presented by Richard S. Dellinger, Esq., (left) and Anthony F. Sos, Esq., (right)

Shannin Law Firm, P.A. Carol B. Shannin, Esq. Nicholas A. Shannin, Esq.

Barry L. Miller, P.A. David M. Berman, Esq. Robert Garcia, Esq. Barry L. Miller, Esq.

Artemis Family Law Group, PLLC Paul D. Shafranski, Esq.; Teris J. Deitsch, Esq.

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theBrief s January 2019 Vol. 87 No. 1

OCBA October Luncheon October 25, 2018

Embassy Suites by Hilton Downtown Orlando Co-host: Central Florida Association for Women Lawyers Title Sponsor: Orange Legal

Richard S. Dellinger, Esq., President, OCBA

Wynne E. McFarlin, Esq., President, Legal Aid Society Michelle R. Suskauer, Esq., President, The Florida Bar

Julia L. Frey, Esq., Florida Bar Board of Governors; Michelle R. Suskauer, Esq., President, The Florida Bar; Esq.; Richard S. Dellinger, Esq., President, OCBA

Tiffany Moore Russell, Esq., Orange County Clerk of Courts PHOTOS: Flo Boehm and staff photos

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PAGE 20 www.orangecountybar.org

theBriefs January 2019 Vol. 87 No. 1

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theBriefs January 2019 Vol. 87 No. 1

11th Annual Breakfast of Champions

www.orangecountybar.org

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Jamos Mobley, Esq. Brandon Medina, Client

Michael Resnick, Esq. Angela Rentz, Client

Elizabeth Ykimoff; Caroline Gachet, Esq.; John Stiteler; DJ Spigener

City of Orlando Police Department Sponsor Table Ryan Williams, Esq. Hon. Andrew Cameron Jessica Travis, Esq. Michael Barber, Esq.

Tiffany Moore Russell, Esq. Andrea Amhazi Otero Tom Young, Esq. Tom Jaeger

Disney Sponsor Table

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Kimberly Hosley, Esq.; Sophia Dean, Esq.; Jeffrey Smith, Esq.; Jennifer Englert, Esq. Joseph Amos, Esq.; Heather Kirson, Esq.; Richard S. Dellinger, Esq., President, OCBA

Tony Sos, Esq.

Vincent Falcone, Esq.; Eric C. Reed, Esq.; Eddie Fernandez, Esq.

Suzanne Gilbert, Esq.; Glenn Adams, Esq.; Stacey Adams

Philip Diamond, Esq. Amelia Williams McLeod, Esq. Todd Willis

Ana Tangel-Rodriguez, Esq. Anna V. Eskamani Camila Pachon Silva, Esq.

Dr. Prince LeBoo; Victor Thacker; Kathleen Downs; Kellye Hug; Dan Davis

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theBriefs January 2019 Vol. 87 No. 1

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theBrief s January 2019 Vol. 87 No. 1

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theBriefs January 2019 Vol. 87 No. 1

YLS on the move

O

n October 6, 2018, we headed to Gainesville for our annual Gator Bus Trip. Several UF law student organizations joined us at the UF Law School campus for an alumni tailgate. Now, I would tell you more about this trip, but what happens on the Gator bus trip stays on the Gator bus trip! Thanks to all of the lawyers and judges who joined us for this annual outing.

Heather M. Meglino, Esq.

On October 19, 2018, we held our monthly luncheon featuring Tony Sos, Esq., who spoke about mentoring. This was a great kickoff to our annual Mentoring Program.

On October 18, 2018, YLS hosted its 6th Annual Halloween Party for the kids at the Salvation Army campus. The party included a mock trial performance, candy, and costumes for about 100 kids. A huge thank you to our community service committee co-chairs John Hunt, Esq., Andrew Irvin, Esq., Lauren Robertson, Esq., and Madonna Snowden, Esq., and the committee members and volunteers who participated in yet another awesome community service event!

On October 25, 2018, we hosted a Pink Cocktail Hour at Park Social in Winter Park in recognition of Breast Cancer Awareness Month. Ticket proceeds and excess funds were donated to Libby’s Legacy Breast Cancer Foundation. Thank you to our social committee, and a special thanks to Kristen Trucco, Esq., for organizing the event.

On October 26, 2018, we cohosted a “spooktacular” Halloween networking event at the

Orlando Science Center with members of other Orlando Young Professional organizations.

On November 13, 2018, the YLS community service committee teamed up with Allen Norton & Blue, P.A., and attended a happy hour in support of the 21st Annual Thanksgiving Basket Brigade of Central Florida. The Basket Brigade provides tailor-made gift baskets of food to provide a Thanksgiving feast to needy families in Orange, Osceola, and Seminole counties.

On November 16, 2018, we had our monthly luncheon featuring John Morgan, Esq., of Morgan & Morgan. Mr. Morgan gave a quite humorous presentation and offered great advice to young lawyers.

On November 30, 2018, YLS joined CFAWL for a CLE that included a #MeToo panel and roundtable discussion. Panelists discussed recent legal trends both in and out of the workplace.

Stay tuned for these upcoming YLS events: January 19, 2019 – YLS Luncheon. Noon to 1:00 p.m. (check-in: 11:30 a.m. to 11:55 a.m.). Citrus Club. Speaker: Stefano Portigliatti, Esq. Topic: Talk So They Listen – How to Improve Your Ability to Communicate by Understanding Workplace Personalities and Emotional Intelligence.

January 26, 2019 – YLS Charity Putt Putt Golf benefiting Dancing with Diabetes.

And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Heather M. Meglino, Esq., is the owner of Meglino Law, LLC, and has been a member of the OCBA since 2011.

YLS Sponsorship Table at the Legal Aid Society’s 2018 Breakfast of Champions (above and right) theBriefs January 2019 Vol. 87 No. 1

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PAGE 29

Legal Aid SocietyWhat We Do...

E Michael L. Resnick, Esq.

Donna A. Haynes

Not All Heroes Wear Capes...

Some Wear Suits and Ties

very year following our annual Breakfast of Champions fundraiser, we share the stories of several of our clients – in their own words – so that those who did not attend are able to understand what donated dollars are used for, right here in our community. This year, one of our speakers was Angela Rentz. Here is what she said: Good morning. My name is Angela Rentz. I am a current second grade teacher and a former kindergarten teacher at Hungerford Elementary School in Eatonville. My life changed in 2016. That is when Phillip walked into my life as one of my kindergarten students. Due to Phillip’s biological mom’s neglectful behavior, I took him into my home and family for six months. His mom asked for him to return home for his first-grade year. However, because of her neglect and substance abuse, the Department of Children and Families removed Phillip and his younger sibling from their home. Because of the relationship my family developed with Phillip over those six months, we decided not to let him go in foster care.

Ultimately, three months after their removal, a newborn baby was faced with the same fate, never even making it to the biological mom’s home. It was a home plagued with drugs, violence, mental illness, neglect, abuse, hunger, and no access to working toilets or running water. These issues were a concoction for PTSD. The kids would try to overcome them through mental health therapy. This is a sad reality that too many abused children often face.

But simply imagine these three children in addition to my five. Phillip now nine, Henry soon to be five, and Cordelia two. We cannot imagine our life without them – they are now family.

This is thanks to our “team” of lawyers: Guardian ad Litem attorney Dave Cannella of Holland & Knight and attorney Mike Resnick with the Legal Aid Society of the Orange County Bar. They are the reason this adoption happened. After the parental rights of the biological parents were terminated, adoption was discussed, and everything seemed to align.

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We lived together in a home owned by my mother. Unbeknown to me when my mother passed away, there was an outstanding balance owed on her home equity loan. Without hesitation, Dave and Mike stepped in and were able to save our home from going into foreclosure. We entered an agreement to pay off my mom’s loan in two years and are no longer faced with the possibility of homelessness. This was the one “kink” that would have stopped ALL adoption proceedings.

Dave and Mike are our superheroes. They created one family out of two. You see, superheroes don’t always wear capes, sometimes they wear suits and ties. I am a firm believer that good things can evolve from unfortunate situations. My situation is a prime example that lawyers and the court system can make a difference in someone’s life. So, it is with a smile that I look to each attorney and say thank you.

Thank you from the bottom of my heart! My children thank you as well. And to all, thank you for supporting the efforts of the Legal Aid Society in helping those less fortunate in our community.

We hope these words inspire you. We hope they encourage you to make a donation and help us continue to provide much-needed legal services to vulnerable members of our community. To donate, go to www.legalaidocba.org, scroll to the bottom of the page, and make your donation through the Breakfast of Champions link. If you or someone you know would like to serve on the 2019 Breakfast of Champions team as a committee member or volunteer, or would like to become a sponsor, please contact Donna Haynes, development director, at boc@legalaidocba.org, or call 407-515-1850.

Michael L. Resnick, Esq., was the housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1999. Donna A. Haynes is the development director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

theBriefs January 2019 Vol. 87 No. 1

Hearsay...

A Linnea M. Eberhart, Esq.

What is the essence of life?

To serve others and to do good.

— Aristotle

s we make our new year’s resolutions this year, let us reflect on what we are doing to serve others, to do good in our community, and to challenge ourselves to do even more. Make no mistake, I definitely understand that this is a challenge in the truest sense of the word given the demands of our profession, but there is no greater good that we as lawyers can do than pro bono service, working for the “public good.” Time and time again, I am amazed and proud to witness the many contributions of the members of the Orange County Bar Association and the ripple effects these selfless acts have on our community. Let us keep that momentum going as we begin the new year. Without further ado, this month’s “Hearsay”!

Honors and Awards

Allen, Dyer, Doppelt + Gilchrist, P.A., has been named a Tier 1 Law Firm in Orlando, Miami, and Jacksonville for four practice areas by U.S. News - Best Lawyers for 2018. Allen, Dyer, Doppelt + Gilchrist received Metropolitan Tier 1 Rankings in the areas of copyright law, intellectual property litigation, patent litigation, and trademark law.

The following OCBA members from Winderweedle, Haines, Ward and Woodman, P.A., have been selected by their peers for inclusion in The Best Lawyers in America in their respective practice areas: Joseph P. Carolan III, Esq.; J. Jeffrey Deery, Esq.; Bradley M. Saxton, Esq.; James E. Cheek III, Esq.; W. Glenn Jensen, Esq.; Gregory L. Holzhauer, Esq.; Craig A. Minegar, Esq.; Randolph J. Rush, Esq.; Michael P. Carolan, Esq.; Nicole Latham Carolan, Esq.; Harold A. Ward III, Esq.; and W. Graham White, Esq. In addition, Randolph J. Rush, Esq., was named Lawyer of the Year for the Orlando area in real estate law.

Lori M. Spangler, FRP, a senior litigation paralegal at Greenberg Traurig, P.A., was appointed

by The Florida Bar president Michelle Suskauer, Esq., to serve as chair of the new Florida Registered Paralegal Enrichment Committee for a three-year term that began in October 2018.

Community Involvement

Eric C. Boughman, Esq., partner and co-founder of Forster Boughman Lefkowitz & Lowe, presented “Latest Trends in Asset Protection: Domestic Asset Protection Methods, Crypto-Currencies, and Foreign Trusts,” to the FICPA Central Florida Chapter in Orlando.

Ava K. Doppelt, Esq., a shareholder with Allen, Dyer, Doppelt + Gilchrist, P.A., presented on intellectual property for business owners at the National Association of Women Business Owners. theBriefs January 2019 Vol. 87 No. 1

William T. Dymond, Jr., Esq., president and CEO of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., was recently elected chair-elect of the Orlando Economic Partnership for the 20182019 term.

Grey Squires-Binford, Esq., a shareholder with Killgore Pearlman Semanie Denius & Squires, P.A., was reappointed to the City of Maitland Board of Adjustments and Appeals.

Dennis J. Wall, Esq., recently presented the webinar “Lender Force Placed Insurance Litigation and the Filed Rate Doctrine in Florida” to The Florida Bar.

On the Move

Jessica Burns, Esq., recently joined Weinberg Wheeler Hudgins Gunn & Dial, LLC, practicing in the areas of insurance coverage, commercial, and construction litigation.

Chelsey J. Clements, Esq., has joined Carlton Fields, focusing on civil litigation for business clients, primarily construction entities.

Rasheem M. Johnson, Esq., has joined Lowndes, Drosdick, Doster, Kantor & Reed, P.A., as a member of the land use, zoning, and environmental group.

Andrew P. Kelly, Esq., has joined Lowndes, Drosdick, Doster, Kantor & Reed, P.A., as a member of the real estate group.

Carolin A. Pacheco, Esq., has joined Marshall Dennehey Warner Coleman & Goggin, practicing in the area of first-party insurance coverage, defending insurance carriers in first-party property matters, and assisting insurers with disputes pertaining to coverage and bad faith matters.

Jonathan R. Pickett, Esq., has joined Lowndes, Drosdick, Doster, Kantor & Reed, P.A., as a member of the litigation group.

Lauren M. Reynolds, Esq., recently joined Winderweedle, Haines, Ward & Woodman, P.A., practicing in the area of real estate and commercial litigation, including title claims, quiet title actions, foreclosures, contract disputes, and landlord-tenant matters Gary S. Salzman, Esq., is now with Garganese, Weiss, D’Agresta & Salzman, P.A. He will continue to litigate, mediate, and arbitrate in the areas of real estate, landlord-tenant, commercial, corporate, business, and employment disputes.

Jill Davis Simon, Esq., has returned to Lowndes, Drosdick, Doster, Kantor & Reed, P.A., as of counsel, practicing labor and employment law.

DeShayla Monique Strachan, Esq., has joined the Department of Children and Families’ Children’s Legal Services.

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continued page 39

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International & Immigration LawCommittee

I Natalia Gove, Esq.

“ICE” Age: Best Practice Tips for I-9 Compliance

n the past couple of years, the U.S. Immigration and Customs Enforcement (“ICE”) has been escalating worksite enforcement efforts, and this trend steadily continues. In 2017, former acting director of ICE Thomas Homan instructed its investigative unit, Homeland Security Inspections (“HSI”) to potentially quintuple worksite enforcement actions in 2018, targeting both employees and employers. The organization followed through with this commitment – worksite investigations increased significantly in fiscal year (“FY”) 2018. In FY 2017, ICE conducted 1,360 audits and opened 1,716 worksite investigations. In comparison, in just the first ten months of FY 2018, 6,093 worksite investigations were initiated.1

This increased enforcement has also been evident in the ICE “raids” that have made national headlines. ICE raided ninety-eight 7-Eleven stores nationwide, resulting in 21 arrests in January 2018.2 In June 2018, one of the largest workplace raids was conducted that led to an arrest of close to 150 immigration violators at an Ohio meatpacking plant.3 ICE described these operations as a warning to other companies employing unauthorized workers.4 Workplace raids have created much negative publicity and workplace disruption. This underscores the importance of advising corporate clients to establish appropriate practices and to educate their workforce on compliance issues to avoid legal violations.

Reasons for government investigation of worksites Government agents typically visit a workplace for three main reasons: 1) to conduct inspection of the company’s Employment Eligibility Verification Form I-9 files; 2) to conduct a raid; or, 3) to detain certain individuals.

This article focuses on the first two reasons, from an employer’s perspective.

1. Inspection of Employment Eligibility Verification Form I-9 Federal law mandates all employers to conduct verification of identity and employment eligibility for all employees on their payroll. Employers must properly complete Employment Verification Form I-9 (“Form I-9”) and maintain the original form in the file for inspection by government officials.

Verification of I-9 records is not a new process.

Employers have been obligated to verify the identity and work eligibility of all employees on their PAGE 32

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payroll since 1986, the year the Immigration Reform and Control Act was enacted.5 At the time, the thought was that this requirement would significantly reduce illegal immigration. While the process and substance of the Employment Eligibility Verification Form I-9 has not varied much, the government’s enforcement has changed drastically. It appears that now the government is serious about punishing employers for knowingly hiring employees without proper immigration documentation, via both civil and criminal penalties.

The government inspection process is initiated by serving an employer with a Notice of Inspection that compels the production of Forms I-9 within three business days.6 The inspection of Forms I-9 can be conducted by any of the three different government agencies, including the Department of Homeland Security, the Department of Labor, or the Immigrant and Employee Rights Section of the Department of Justice (legacy Office of Special Counsel.)7 What should an employer do if served with a Notice of Inspection?

• Review company I-9 records to be sure that every employee on the payroll is authorized to work in the U.S. and that their identity is properly verified.

• Respond timely to the Notice of Inspection after a careful review of all records for full completion and accuracy. The best practice tip is to conduct self-audits regularly prior to the issuance of a notice to be sure that all records are in order.

• Notify management about the Notice of Inspection to ensure consistent practices are followed.

• Be prepared to present the requested documentation at the time requested by the government.

Best Practice Tips for I-9 Compliance The best way to avoid violations is to establish a proper corporate compliance policy with respect to immigration laws ahead of the audit, following the suggestions below: • Check that all Forms I-9 are correctly completed and properly stored for all the employees, including U.S. citizens, green card holders, and non-immigrants with temporary employment authorization.

the Brie f s Januar y 2019 Vol. 87 No. 1

• Conduct Form I-9 self-audits regularly to be sure that the company records are complete and accurate.

• Develop and adhere to internal immigration policies and procedures that do not violate anti-discrimination rules.

Make immigration compliance a priority, and ensure that proper employment practices are followed, protecting employers from hiring individuals without employment authorization.

• Designate and train a human resources personnel member to be responsible for compliance processes and procedures, including completion of the forms and record keeping requirements.

• Record Keeping Requirement: I-9 records must be kept on file for three years after hiring, or for one year after the employee leaves the company, whichever is later. The Form I-9 is not filed with the government but must be readily available for government inspection. It is permissible and can be helpful to store the forms electronically, rather than maintaining a paper file.

• Institute a tickling/tracking system that tracks dates of employment authorization expiration, and helps ensure with accurate Form I-9 data entry and data error interception.

• New employees located offsite must follow the same verification procedures as employees working at the main office – all I-9 compliance documentation must be reviewed in person by an authorized official.

• Know your rights, and be sure employees are trained and prepared for a government visit, particularly reception and human resources.

2. Worksite Raids A worksite raid is very different from an I-9 audit: ICE agents may visit a workplace without prior notice and conduct a “raid” rather than serve notice for a subsequent inspection of I-9 records. During a raid, ICE agents visit a workplace to question and detain employees who are believed to be present in the U.S. unlawfully.

The raids can target specific workers as part of an ongoing investigation, or they can question all employees.

The rules governing government access differ in private vs. public areas.

Public Areas: The government has full rights to enter public areas of a workplace without requesting permission and without a warrant. Areas are considered public if general population can enter without the need for permission, such as shopping areas, restaurant dining areas, parking lots, hallways, and lobbies.

Non-Public Areas: The actions of ICE officers are governed by Fourth Amendment standards, and the exclusionary rule applies.8 ICE must have secured a “judicial” search warrant from a judge in order to conduct a search of the private areas of business premises, or the employer must have consented to the search.9 It is important to distinguish between judicial search, judicial arrest, and administrative arrest warrants. Employers should educate staff that may be interfacing with government agents to carefully read and understand documents offered by the government as warrants.10 A government agent may produce one of two kinds of arrest warrant: an “administrative warrant” – a document that provides the authority to arrest suspected immigration law violators, and a “judicial” arrest warrant – one that is signed by a judge and authorizes agents to arrest violators. Neither of these warrants permits agents to search non-public business areas.11 Federal courts have theBriefs January 2019 Vol. 87 No. 1

consistently held that such warrants do not meet Fourth Amendment standards, and subsequent actions based on these warrants should be evaluated as if there were no warrant.

3. Penalties for Immigration Compliance Violations The results of an ICE enforcement action can be quite costly. Hiring employees without proper employment authorization can lead to harsh criminal and civil penalties, and can even result in the loss of business licenses. ICE investigations that result in the finding of Form I-9 violations can involve additional criminal charges for alien smuggling, harboring illegal aliens, human trafficking, document fraud, worker exploitation, and various employment law violations. In addition, employers can be sued under the Racketeer Influenced Corrupt Organizations Act and subject the company to large penalties.

In 2017, the tree pruning company Asplundh Tree Experts paid $95 million to the government, the largest fine ever levied by ICE for unlawful employment of unauthorized workers following a six-year investigation.12 Penalties for substantive and uncorrected technical violations on Forms I-9 forms range from $220 to $2,191 per violation even if no unauthorized employment is discovered.13 Penalties for knowingly hiring unauthorized workers can range from $548 per worker for first-time violations to $21,916 for third or subsequent offenses.14 If an employer is determined to have engaged in a “pattern and practice” of hiring undocumented workers, the fines go further up and can even lead to imprisonment.

The best way to avoid non-compliance is to be audit-ready before an audit is on the horizon – be proactive and be safe.

The information contained in this article is for general educational purposes only. This information does not constitute legal advice, and should not be relied upon as legal advice for specific factual patterns or situations.

Natalia Gove, Esq., Cotney Construction Law, LLP, focuses her practice on all aspects of U.S. business and family immigration law, compliance, and training. She handles complex corporate immigration cases for large multinational organizations and emerging companies in a variety of industries.

She is co-chair of the OCBA’s International & Immigration Law Committee and has been a member of the OCBA since 2010. https://www.ice.gov/news/releases/ice-delivers-more-5200-i-9-audit-notices-businesses-across-us-2-phase-nationwide.

2 https://www.npr.org/sections/thetwo-way/2018/01/11/577271488/ice-targets7-eleven-stores-in-nationwide-immigration-raids.

3 https://www.washingtonpost.com/news/post-nation/wp/2018/06/20/ ice-arrests-nearly-150-meat-plant-workers-in-latest-immigration-raid-inohio/?noredirect=on&utm_term=.df4382929a69.

4 Id. 5 8 C.F.R. §274a.2.

6 8 CFR § 274a.2(b)(2)(ii).

7 https://www.ice.gov/factsheets/i9-inspection.

8 U.S. v Widow Brown’s Inn, 3 OCAHO no. 399, 25-26 (Jan. 15, 1992).

1

8 U.S. Code § 1357. https://www.ilrc.org/sites/default/files/resources/ice_warrants_may_2017.pdf.

11 8 C.F.R. § 287.5(e).

12 https://www.ice.gov/news/releases/asplundh-tree-experts-co-pays-largest-civil-settlement-agreement-ever-levied-ice.

13 https://www.ice.gov/factsheets/i9-inspection.

14 Id. 9

10

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PAGE 33

ParalegalPost

Rawan Bitar The Florida Bar

I

Why are Women Leaving the Law?

n an age when women are graduating from law school at the same rate as men, why are they leaving the profession in such high numbers by age 50 and what can be done about it?

These are questions Miami’s Hilarie Bass studied during her term as ABA president.

The co-president of Greenberg Traurig, whose ABA presidential term concluded in August, launched an initiative, Achieving Long-Term Careers for Women in Law. Bass said while Hilarie Bass, Esq. women start out in President, American Bar Association the profession on par with men, they decline to 26 to 27 percent by age 50.

Florida Bar President Michelle Suskauer said the ABA study is troubling because it shows women are abandoning the law when they should be at the height, or approaching the height, of their careers.

“If women continue to leave the profession in the numbers we’re seeing, we’re never going to break that 20 percent mark of being equity partners,” Suskauer said.

“And we are losing that institutional knowledge.

We’re losing their contacts. We’re losing their talent. And we’re losing diversity in our firms,” Suskauer said.

Suskauer was also interested in the significant difference in perception men and women have about the profession when she saw the ABA results.

The ABA’s year-long series of three different studies involved focus groups containing women over age 50 who chose to stay in the profession and those who chose to leave. Bass said they were asked in detail why they left or stayed, and what their firms could have done differently to alter that trajectory.

When asked why gender disparities remain at law firms, the focus groups pointed to: • Closed compensation system.

PAGE 34 www.orangecountybar.org

• The credit system disadvantages women.

• The breadmaker/homemaker stereotypes persist.

• The “boys club” limits opportunities for women.

• Ageism impacts men and women differently.

“Women often feel like they’re being brought along on a business pitch, not because anybody thinks they have capabilities or something to contribute, but as a token; so they can show the client the firm is diverse,” Bass said. “And if the work comes in, [the women lawyers] often don’t get credit for the origination, and/or aren’t asked to participate in doing the work.”

The focus groups also had ideas for how to change the system, and among them are: • Develop succession plans for distributing credit.

• Diversify leadership and make sure leadership champions diversity.

• Provide continuous training with a focus on business development.

• Offer on-ramping opportunities.

• Include men in diversity discussions and policies.

• Formalize policies.

A second study involved electronic surveys conducted in partnership with American Legal Media (ALM) of the top 350 firms in the country asking men and women similar questions. Managing partners were questioned to evaluate what they thought was going on in their firms in reference to gender versus what the women lawyers in those firms perceived, Bass said.

The third study targeted alumni associations of five different law schools, Bass explained, comparing career trajectories 20 years or more out of the law school, and evaluating what those individuals were doing and their perceptions of their careers.

“We are still analyzing the data, and we are in the process of writing up a report that will come out sometime in the next couple of months,” Bass said.

But preliminary data from the ALM study was released at the ABA’s annual meeting in August in Chicago.

theBrief s January 2019 Vol. 87 No. 1

• Denied salary increase or bonus: Men (4 percent) Women They show that managing partners and women lawyers largely (53 percent). agree on why women are leaving firms: • Denied advancement opportunities: Men (7 percent) • They no longer wish to practice law.

Women (53 percent).

• The level of stress at work.

• Felt treated as a token: Men (1 percent) Women (51 per• The number of billable hours. cent).

• The caretaking commitments.

• Missed out on a desirable assignment: Men (11 percent) • The emphasis on originating business.

Women (47 percent).

But there is a disconnect between what managing partners think • Experienced a lack of access to sponsors: Men (3 percent) firms are doing about it versus what women lawyers think, as Women (46 percent). shown in the following statements: “All we can do is focus on the things that law firms can change,” • Firm leaders are active advocates (82 percent of managing Bass said regarding the results, adding the ABA hopes to bring some partners agreed vs. 61 percent of women lawyers). specific recommendations to the House of Delegates in February.

• The firm promotes women into leadership (75 percent of “Many women have pretty consistent views as to why women managing partners agreed vs. 54 percent of women lawleave, but my view is that anecdotes don’t change policy: That yers). requires data,” Bass said.

• Gender diversity is a priority (79 percent of managing When it comes to finding solutions to stem the tide of women partners agreed vs. 54 percent of women lawyers). leaving the law, Suskauer says it’s a process.

• The firm promotes women into equity (71 percent of “I don’t think there’s an easy fix,” Suskauer said. “Is just talking managing partners agreed vs. 47 percent of women lawabout it enough? No. It’s a combination of things. It’s talking plus yers). action. But it’s not something that’s going to change or improve without effort.”

• The firm has been successful at retention (64 percent of managing partners agreed vs. 46 percent of women lawSuskauer said by early 2019, The yers).

Florida Bar anticipates rolling out a gender equality toolkit, and to Satisfaction levels within firms varied widely by gender: award blue ribbon designations to • Overall satisfaction: Men (87 percent) Women (72 perfirms that hire, promote, and retain cent). women attorneys. Those recommendations are among 12 proposed • Method by which compensation is determined: Men (69 by the Subcommittee on Gender percent) Women (44 percent).

Equality, a division of the Bar’s • Workplace gender diversity: Men (67 percent) Women long-standing Diversity and Inclu(44 percent). sion Committee.

• Recognition received for work: Men (71 percent) Women “Women lawyers bring so much (50 percent). to their firms, to their practice ar• Leadership of organization: Men (73 percent) Women eas, and to their legal communities (52 percent). that when they leave the profession when they should be at the height • Opportunities for advancement: Men (62 percent) WomMichelle R. Suskauer, Esq. of their careers, it leaves a huge hole en (44 percent) President, The Florida Bar that is not easily filled.”

• Compensation: Men (75 percent) Women (60 percent).

Rawan Bitar, associate editor, The Florida Bar News. “Why are women leav• Job security: Men (77 percent) Women (65 percent). ing the law?” first appeared in The Florida Bar News, September 15, 2018. It is reprinted with permission of The Florida Bar. • Opportunities for building skills: Men (81 percent) Women (70 percent).

Experiences within firms also varied widely: • Received unwanted sexual contact: Men (6 percent) Women (49 percent).

Bring your lunch and pick up • Experienced demeaning communicatons [sic]: Men (8 great practice pointers! percent) Women (74 percent).

• Avoided reporting sexual harassment: Men (1 percent) JAN. 14: What to Do and What Women (28 percent).

Not to Do. // Hon. Tanya Davis Wilson; Hon. Bob Egan.

• Mistaken for a lower level employee: Men (0 percent) Women (81 percent).

FEB 11: Closing Arguments – • Lacked access to business development: Men (10 percent) Best Practices. // Hon. John Kest.

Women (66 percent).

12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor • Perceived as less committed to his or her career: Men (2 RSVP to: Cindy Brown at ctjacb1@ocnjcc.org percent) Women (63 percent). theBriefs January 2019 Vol. 87 No. 1

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SideBar

W

elcome back and here’s to wishing everyone a happy and prosperous new year! Perhaps your new year’s resolution can include joining one of our many local bar associations eager to have you as a member. As if you needed any enticing to join, here is a glimpse at what some of our local bar associations have been doing to make sure 2019 is their best year yet!

CFAWL

Alena V. Baker, Esq.

The Central Florida Association for Women Lawyers (“CFAWL”) is midway through this year’s theme of #CFAWLConnects, and president Arti Hirani, Esq., has been showing CFAWL’s support of fellow voluntary bar groups by committing to appear on CFAWL’s behalf at as many events as possible. October 2018 was a particularly busy month with CFAWL’s annual members reception; monthly luncheon (where members honored retiring Judges Marc Lubet, Sally Kest, and Jose Rodriguez); Orlando Pride 2018 CFAWL Fall Float; the award ceremony for the CFAWL/YLS Backpack Project; CFAWL/OCBA’s joint voluntary bar event celebrating Oktoberfest; a business succession planning CLE; and the annual joint OCBA/ CFAWL luncheon, with special guest, The Florida Bar president, Michelle R. Suskauer, Esq. This new year has many more exciting events in store. Visit CFAWL at www.cfawl.org to learn more about upcoming events, how to become a member, and what CFAWL can do for you. Follow us on social media at @CFAWLOrlando. See you at our next event!

George C. Young American Inn of Court

The George C. Young American Inn of Court (“Inn”) held its monthly dinner meeting on October 16, 2018. At the meeting, Pupilage Group One presented a CLE program addressing the always-relevant topic of how to deal with difficult clients. Pupilage Group One is made up of Benchers (The Honorable Jamie Grosshans and The Honorable Kevin Weiss); Masters (Donna Draves, Esq., Francis Sheppard, Esq., Gene Shipley, Esq., and Larry Smith, Esq.); Barristers (Aaron Hines, Esq., and Harold Morlan, III, Esq.); Associates (Zeffrey Mims, Esq., and Christian Tiblier, Esq.), and Students. Numerous members of the Inn attended the meeting and enjoyed the program, which began with movie clips from famous scenes involving difficult clients, including some from My Cousin Vinnie.

Gene introduced the CLE program, and Pupilage Group One used a Jeopardy theme to present its material. Judge Weiss served as Alex Trebek and the audience – divided into three groups – served as the contestants. The categories included: (1) Red Flags and Preventative Measures; (2) Conflict of Interest; (3) Tripartite Clients; (4) Payment Issues; and (5) Mental Health Standby Counsel. In true Jeopardy fashion, the answers and elicited questions covered a broad range of topics, including best practices for client intake, pitfalls with credit card payments

from clients, scenarios requiring withdrawal of counsel, and the inherent difficulties in representing insured clients. The questions, answers, and topics raised and addressed also sparked “war stories” from presenters and attendees alike, which added greatly to the program.

The Inn also met again on November 13, 2018, with a presentation by another pupilage group on the topic of dealing with difficult opposing counsel.

FBA Orlando Chapter

Fall was a busy season for the Federal Bar Association Orlando Chapter (“FBA Orlando Chapter”). On October 25, 2018, FBA Orlando Chapter president, Lauren Millcarek, Esq., who is no stranger to philanthropy, participated in the Hispanic Bar Association of Central Florida’s Fortaleza Project through Feeding Children Everywhere.

At this event, participants helped pack more than 30,000 meals for the needy, some of which went to the Florida’s panhandle to assist with hurricane relief. The very next day, the FBA Orlando Chapter began its new year by hosting its annual State of the District Luncheon and Board Installation Ceremony. The Middle District of Florida’s Chief Judge, The Honorable Steven Merryday, gave a State of the District address, and senior-acting district judge in Orlando, The Honorable Roy B. Dalton, Jr., swore in the 2018-2019 board of directors. And, on December 4, 2018, the FBA Orlando Chapter hosted its new membership kickoff event at Shutts & Bowen, LLP, complete with yummy appetizers and delicious drinks to welcome the new members!

PCPBA

On November 2, 2018, the Paul C. Perkins Bar Association (“PCPBA”) was featured in a speed networking event hosted by the Florida A&M University College of Law’s Black Law Students Association Organization.

In addition, on November 7, 2018, PCPBA held its third general body meeting. At this meeting, attorneys Greg Francis, Esq., and Natalie Jackson, Esq., spoke to PCPBA members about the importance of branding in the legal field

GOAABA

The Greater Orlando Asian American Bar Association (“GOAABA”) has been very busy these last couple of months! On October 17, 2018, GOAABA hosted a lunch and learn event titled “Financial Planning Basics and a Market Update,” featuring guest speakers Gustavo Sanchez, CFP, Julia Knapp, and Matthew Palma, Esq., of Nelson Mullins Broad and Cassell. They provided helpful tips and information on financial planning.

A few weeks later, on November 1, 2018, GOAABA presented a complimentary CLE titled “Negotiating Around Through Minefields and Mediation,” featuring guest speaker A. Michelle Jernigan, Esq., of Upchurch Watson White & Max Mediation.

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theBrief s January 2019 Vol. 87 No. 1

Michelle provided invaluable information for practicing attorneys on how to prepare for negotiations that occur in the mediation process. The CLE was hosted by United Against Poverty Orlando Center.

On November 3, 2018, GOAABA hosted a family-friendly event, where members volunteered at the United Against Poverty Orlando center and provided groceries to people in need. GOAABA members continued their community outreach activities by volunteering at the Youth Enrichment and Senior Services Center (“Y.E.S.S”), providing the elderly with advice on wills, trust, and probate law.

On November 5, 2018, the law firm of Nelson Mullins Broad and Cassel hosted GOAABA members at the Magic v. Cavalier’s game, where the members got to enjoy the company of members of other voluntary bar associations. The best part of the night, however, was… the Magic won!

In addition, GOAABA, the National Asian Pacific American Bar Association, and the Asian Pacific American Bar Association of South Florida worked together on efforts to repeal the anti-immigrant

Alien Land Law in Florida’s constitution.

Thanks to their hard work, the Act was removed this past election.

To wrap up 2018, GOAABA had a lovely holiday dinner at Dragonfly as well as a luncheon with Y.E.S.S. at Kobe Steakhouse in December. GOAABA is looking forward to ringing in the new year with its next luncheon on January 16, 2019, as well as a laser tag event on January 26, 2019. For more details, please email goaaba@gmail.com, or visit GOAABA’s Facebook page.

HBACF

On October 3, 2018, the Hispanic Bar Association of Central Florida (“HBACF”), the HBACF Foundation, and the Ninth Judicial Circuit held the second Intern for a Day program at the state court house. Students from Valencia College, the University of Central Florida, Barry University School of Law, and FAMU College of Law were able to visit with judges, ask questions, and see what our court system is all about.

As mentioned above, on October 25, 2018, HBACF held its joint inaugural

Fortaleza Project at Feeding Children Everywhere, where attendees packaged 31,104 meals to help those suffering from the aftermath of the hurricanes in Puerto Rico and the Florida panhandle.

The HBACF and the HBACF Foundation rounded out the year at its Holiday Scholarship & Awards Soiree at the Garden Villa. HBACF leaders were recognized, a scholarship was awarded, and the new executive board was installed.

The association extends a warm welcome to its new board members and looks forward to making 2019 their best yet!

Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com.

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

Central Florida Gay and Lesbian Law Association Come Out With Pride Brandon Sapp, Esq. Lauren Milcarek, Esq. Michael Andriano, Esq. Barry Miller, Esq. Jill Simon, Esq.

Central Florida Association for Women Lawyers Luncheon

Hon. Marc Lubet; Hon. Sally Kest; Hon. Jose Rodriguez; Arti Hirani, Esq.; Hon. Bob LeBlanc

theBriefs January 2019 Vol. 87 No. 1

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theBriefs January 2019 Vol. 87 No. 1

Ne w M e mbe rs Attorneys Muna R. ABRAHAM Daniel A. AMAT Robert Periklis BARTON Daniel Jóse BATISTA David C. BEERS John J. BENNETT Christian BONTA Erika Alysse BOZARTH Jessica BURNS Leigh Ann BUZYNISKI Rameela CHANDRASEKAMANGRU Alex R. COUCH Barrie Lindsay Neutze CLICK Daniel Scott CULL Jeffrey Scott DAWSON George R. DIETRICH Leah B. DUAL Katherine E. ELLIS Charlotte A. ERDMANN Earle W. FORD, III Brianne K. GONYEA Christopher J. GOODRUM James T. GORDON Wes HENRICKSEN Aaron Asa HOLMAN

Robert J. HORST Corinne A. HUSTON Rasheem M. JOHNSON James Lucien JOHNSON Glaucia G. JONES Amy L. JUDKINS Michael P. KANEY Andrew P. KELLY Emily J. LANG Dazi LENOIR Alison M. LOPES Jarian N. LYONS Michael E. MARTINKO Josue MONROUZEAU Kristen L. NASSER Robert Patrick O’LINN Megan OLIVA Nina L. OSWALD Kevin A. PAVLAS Jacob R. PHILLIPS Jonathan R. PICKETT Thomas PLAYER Scott A. RICHARDS Martin S. ROSENTHAL Nicholas Frank RUSSO Jose L. SALVADOR Jeanette C. SCHREIBER Stacey L. SCHWARTZ

Lauren R. SENNINGER Gary E. SIMMONS Danielle M. SIMPSON Maureen B. SOLES Megan M. STEINMETZ Tucker J. THONI Carlos Enrique VERDECIA Kate L. WAKEMAN Conner Andrew WERNER Kenway WONG

Associate Michael K. MAYER

Rebecca Harrington Forest, Esq., passed away on June 29, 2018, at the age of 60. She was a graduate of the University of Florida Levin College of Law and was a corporate and securities lawyer at Lowndes, Drosdick, Doster, Kantor & Reed, P.A. She served on the board of directors of the Children’s Home Society of Central Florida and was a volunteer advisor on the UCF Small Business Advisory Board Council.

Jon Carl Yergler, Esq., passed away on September 6, 2018, at the age of 64. He graduated from the Duke University Law School in 1979 and was a well-respected real estate shareholder at Lowndes, Drosdick, Doster, Kantor, & Reed, P.A., for theBriefs January 2019 Vol. 87 No. 1

Nathan S. BARRY Melika M. CHARLES Desiree A. GARCIA Oscar MORALES Kayla M. POPE Iris V. RAMOS-LOPEZ Octavia RUSHIN Mercia SOARES DOS SANTOS TELES

Larisa GILLOOLY Marlene Isabel MENDOZA Jeanette MORA

Patron Konstantin (Kevin) FEDOTOV Jacob HUCKABEE Wesley J. VENTURINO

Law Students Elif CAPAR Jonathon J. CARTER Christopher Norman GONSALVES Bradley GRUMHAUS

his church congregation for eight years and continued to serve on multiple boards over the years. He is survived by his wife, a daughter, and several siblings.

Barbara A. Zablocki, age 78, passed away at home on November 25, 2018, surrounded by her family. Barbara was the receptionist at the OCBA for 10 years, from 2003-2013. She will be remembered dearly by staff and OCBA members for her warm and welcoming personality, her laughter and energy, and her professionalism and respect for every person who entered the bar center.

Albert R. Tetrault, Esq., a mediator at Upchurch Watson White & Max Mediation Group, passed away on December 3, 2018, at the age of 79. He was an OCBA Lawyer Referral and Information Service

In Memoriam

Paralegal Students

Affiliate

Hearsay... nearly 40 years. He served as president of continued from page 31

Matthew Trey MCNAMARA Shanta ROBERSON

www.orangecountybar.org

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

panelist, served as a mediator with the Residential Mortgage Foreclosure Program, and was a speaker for the Ask-a-Lawyer program. He had been a member of the OCBA since 2012.

As always, the “Hearsay” column is for your news, accomplishments, announcements, and especially your pro bono service. Hearing about the successes and good works others are doing in the community inspires us all, so please share your news at leberhart@mtwlegal.com. See you next month, “Hearsay”!

Linnea M. Eberhart, Esq., is an associate attorney with McDonald Toole Wiggins, P.A., practicing in the areas of civil litigation defense, products liability and premises liability. She has been a member of the OCBA since 2015.

PAGE 39

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

20 or More Members

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

Winderweedle, Haines, et al.

10-19 Members

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

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

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

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

Use the OCBA’s Lawyer Referral & Information Service

Add the LRIS number to your playbook:

407-422-4537 Your support of LRIS helps fund member benefits, bar programs & community outreach activities.

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

PAGE 40

fs January 2019 Vol. 87 No. 1

www.orangecountybar.org theBrie

Events Jan. 8 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: W. Scott Gabrielson, Esq. Sponsored by Milestone Reporting. Register by Jan. 7 through the OCBA Store.

Feb. 5 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: TBD. Register by Feb. 2 through the OCBA Store.

Feb. 6 – Amazing Race Judicata. 5:30 p.m.-8:30 p.m. Lion’s Pride on Church Street. $100 (team of up to 5; limit 10 teams). Viewing Party: $10 (OCBA members); $20 (nonmembers). Register by Feb. 1 through the OCBA Store. For details and registration, see the ad on page 17 of this issue of The Briefs. Sponsored by: Milestone Reporting and Westlaw.

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

7:00 p.m. Winter Park Racquet Club, 2111 Vía Tuscany, Winter Park, FL 32789. For details about fees, registration, and deadlines, see the OCBA website and the ad on page 8 of this issue of The Briefs.

Sponsorship opportunities available!

Seminars Jan. 9 – Elder Law Committee Seminar. New Veteran Administration Rules and Regulations. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $15 (nonmembers). Speaker: Randy C. Bryan, J.D., B.C.S. Register by Jan. 7 through the OCBA Store.

Jan. 10 – Business Law Committee Seminar. Intellectual Property Primer for the Business Law Practitioner. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/ students); $15 (nonmembers). Speakers: Amber N. Davis, Esq.; Kevin W. Wimberly, Esq. Register by Jan. 8 through the OCBA Store.

Jan. 11 – Labor & Employment Committee. #MeToo and the Law. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 ethics and 1.0 professionalism (pending). Free (OCBA members/ gov’t/students); $15 (nonmembers). Speaker: Blair T. Jackson, Esq. Sponsored by: Data Analyzers. Register by Jan. 9 through the OCBA Store.

Jan. 14 – Estate, Guardianship & Trust Committee. Elder Tax Issues. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $15 (nonmembers).

Speaker: David J. McCarron, CPA. Sponsored by: K. Mitchell Team.

Register by Jan. 11 through the OCBA Store.

Jan. 14 – Brown Bagging with Tanya and the Bobs. Trial Objections…What to Do and What Not to Do. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 (pending). Speaker: Hon. Tanya Davis Wilson; Hon. Bob Egan. Seating is limited. RSVPs are requested. Contact: Cindy Brown at ctjacb1@ ocnjcc.org.

Jan. 15 – Solo & Small Firm Committee. Tax Law for Your Practice: What to Look Out for When Starting and Running Your Practice!

12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $15 (nonmembers). Speaker: Charlotte A. Erdmann, Esq. Register by Jan. 13 through the OCBA Store.

Jan. 15 – LAS Lunchtime Training. Topic: TBD. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: (pending). Speaker: TBD. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Jan. 17 – ADR Committee. Leadership Skills for ADR Professionals: Civility, Professionalism, and Conflict Resolution. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0 general, including 1.0 ethics (approved). Free (OCBA members/gov’t/students); $15 (nonmembers). Speaker: Tee Persad, Esq. Register by Jan. 15 through the OCBA Store.

Jan. 18 – Family Law Committee. Details to come.

Jan. 23 – Construction Law Committee Seminar. Analyzing Structural Fires, Construction Defects, and Emerging Forensic Technology.

12:00 p.m.-2:30 p.m. OCBA Center. CLE: 3.0 general, including 1.0 technology (approved); and 1.0 construction law and 2.0 civil trial certification credits (approved). $40 (OCBA members); $25 (gov’t/ students); $50 (nonmembers). Speakers: Thomas Young; Edward Selvaggio; Ryan Paolantonio. Sponsored by Rimkus Consulting Group, Inc. Register by Jan. 21 through the OCBA Store.

Jan. 25 – Bankruptcy Law Committee. Student Loan Repayment: Know Your Options. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $15 (nonmembers). Speakers: Melissa Towell Maguire; George J. Janas.

Register by Jan. 23 through the OCBA Store.

Jan. 29 – LAS Lunchtime Training. GAL Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: (pending). Speaker: TBD. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

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

Register by Jan. 30 through the OCBA Store.

Feb. 5 – LAS Lunchtime Training. Topic: TBD. 12:00 p.m.-1:30 p.m.

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

Feb. 6 – Business Law Committee. Details to come.

Feb. 7 – Appellate Practice Committee. Details to come.

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

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

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

Feb. 12 – Technology Committee. Details to come.

Feb. 13 – Real Property Committee. Details to come.

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

Feb. 19 – International/Immigration Law Committee. Details to come.

Feb. 19 – LAS Lunchtime Training. GAL Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: (pending). Speaker: TBD. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Feb. 21 – Intellectual Property Committee. Details to come.

Feb. 22 – Bankruptcy Law Committee. Details to come.

Corrections, November 2018, The Briefs: The Civil Rights Committee co-chair is Frank C. Shafranski, Esq. The Criminal Law Committee meets the first Thursday of every month. Michael S. Vitale, Esq., was misidentified in the FBA photo on page 37.

An n o unce ments

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CLASSIFIED ADS EMPLOYMENT

DOWNTOWN ORLANDO LITIGATION FIRM IS SEEKING ATTORNEY with 2 years’ experience. Insurance defense experience preferred. Benefits and salary are based on experience.

E-mail your resume to dianna@ vasko.net.

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

BI ATTORNEY NEEDED: ESTABLISHED INSURANCE defense law firm seeks trial attorney with 7+ years of trial practice experience. The candi-

date must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very lucrative compensation package is available for the right person. Send resumes to mheaberlin@gobelflakes.com.

HEALTH ATTORNEY FOR SMALL LAW FIRM concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 331-3030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE. SPECIALTY DEFENSE FIRM HANDLING FIRST PARTY property/liability coverage issues and complex contractual/ tort litigation seeks attorneys for its Maitland office. Insurance

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

defense experience preferred.

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

OFFICE SPACE/SALE/ RENT/LEASE/SHARE

COMBINATION OF UP TO FOUR FURNISHED OFFICES AND/OR SIX WORKSTATIONS available in Baldwin Park. Lease terms determined by space(s) tenant wishes to occupy. Available immediately. Contact info@ mensdlf.com.

TWO FURNISHED ATTORNEY OFFICES – Downtown Orlando, one block from courthouse, post office and restaurants. Parking, conference rooms and kitchen use included. Call Kacy (407) 259-2426.

PROFESSIONAL SPACE AVAILABLE IN OCOEE for sharing with CPA. Copier and shared kitchen, semi-private conference room, bathroom, 1500

total feet, up to 1100 available.

Contact Albert@mixnerco.com.

OFFICE SPACE FOR LEASE NEAR DOWNTOWN ORLANDO. Renovated. New AC Units, New Kitchen, New Floors. Rent includes water and electricity, security monitoring, cleaning services 2x week, Water Delivery and shredding services.

Three offices, reception area, lobby, break and copy room.

Taxes and Maintenance are separate. Please contact Jorge at 407.575.4361.

SHARED LAW OFFICE SPACE AVAILABLE – Large shared executive suite with multiple offices for attorney and staff located in the North Quarter District. Rent includes shared receptionist and conference room upon availability. The building has plenty of parking. Inquiries to view the space, contact Jessica@CRTlegal.com.

Book Your Next Event at the Orange County Bar Association The Orange County Bar Association (OCBA) is the perfect choice for meetings in Downtown Orlando. We offer first class meeting facilities. Our on-site meeting coordinator is at your service, ready to assist with everything from room setup and technology support, to food and beverage orders, hotel accommodations, and dinner reservations. We also offer free on-site parking.

Grand Cypress

Magnolia

For additional information contact: Ashley Norris (Events & Seminars Manager) 407-422-4551 x.233 or ashleyn@ocbanet.org

Room

Full-day Rate

Half-day Rate

Capacity

Grand Cypress

$400

$200

Up to 100 1,600 sq. ft.

Palm

$200

$100

16 330 sq. ft.

Magnolia

$175

$80

12 220 sq. ft.

Azelea

$100

$50

12 220 sq. ft.

Gardenia

$100

$50

6 150 sq. ft.

The Orange County Bar Association // 880 N. Orange Ave. // Orlando, FL 32801 PAGE 42

www.orangecountybar.org

theBriefs January 2019 Vol. 87 No. 1

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

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

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

Seacoast Bank. Better by all accounts.

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

SeacoastBank.com/Business | 800 706 9991

theBriefs January 2019 Vol. 87 No. 1

www.orangecountybarrg

PAGE 43

OCBA Calendar

OCBA January Luncheon January 24, 2019

The Honorable Alice L. Blackwell

JANUARY - FEBRUARY 2019

January

New Year’s Day 1 OCBA Offices Closed Criminal Law 3 Committee Meeting

12:00 p.m. • OCBA Center

8 Elder Law Committee 9 Seminar Member Perks 8:00 a.m. • OCBA Center

New Veteran Administration Rules and Regulations 12:00 p.m. • OCBA Center Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center

Law 1 0 Business Committee Seminar

Intellectual Property Primer for the Business Law Practitioner 12:00 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center

1 1

Labor & Employment Committee Seminar

#MeToo and the Law 12:00 p.m. • OCBA Center Brown Bagging with 14 Tanya and the Bobs

Trial Objections…What to Do

and What Not to Do 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Estate, Guardianship & Trust Committee Seminar Elder Tax Issues 12:00 p.m. • OCBA Center & Small Firm 1 5 Solo Committee Seminar

Tax Law for Your Practice: What to Look Out for When Starting and Running Your Practice!

12:00 p.m. • OCBA Center

PAGE 44

LAS Lunchtime Training

TBD 12:00 p.m. • Marks St. Senior Center

Practice 1 6 Appellate Committee Meeting 12:00 p.m. • Lowndes

1 7

ADR Committee Seminar Leadership Skills for ADR Professionals: Civility, Professionalism, and Conflict Resolution

12:00 p.m. • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar TBD 12:00 p.m. • OCBA Center

1 8

2 Meeting 2 Social Committee

12:00 p.m. • OCBA Center

2 3

Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center

Construction Law Committee Seminar

Analyzing Structural Fires, Construction Defects, and Emerging Forensic Technology 12:00 p.m. • OCBA Center

Luncheon 2 4 OCBA The Hon. Alice L.

Blackwell 11:30 a.m. • Embassy Suites Downtown Orlando

2 5

Bankruptcy Law Committee Seminar Student Loan Repayment: Know Your Options 12:00 p.m. • OCBA Center

LAS Lunchtime Training 2 9 GAL Training

12:00 p.m. • Marks St. Senior Center

3 1

Mentoring Program Meeting 5:00 p.m. • OCBA Center

February

1

Professionalism, Solo & Small Firm, and Estate, Guardianship & Trust Committees Seminar Prepping for the “Hereinafter”: Succession Planning & the Inventory Attorney Requirement 11:00 a.m. • OCBA Center

Member Perks 5 8:00 a.m. • OCBA

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

191 E. Pine St., Orlando, FL 32801 RSVP by January 21 orangecountybar.org/store

Center

Professionalism Committee Meeting 12:00 p.m. • OCBA Center Real Property Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training

TBD 12:00 p.m. • Marks St. Senior Center Elder Law Committee 6 Meeting

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

Appellate Practice 7 Committee Seminar

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

Labor & Employment 8 Committee Seminar

TBD 12:00 p.m. • OCBA Center

1 1

Brown Bagging with Tanya and the Bobs Closing Arguments – Best Practices 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Estate, Guardianship & Trust Committee Seminar TBD 12:00 p.m. • OCBA Center

Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center

Luncheon 1 5 YLS 11:30 a.m. • Citrus Club

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

1 9

International/ Immigration Law Seminar TBD 12:00 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training

TBD 12:00 p.m. • Marks St. Senior Center Practice 2 0 Appellate Committee Meeting 12:00 p.m. • Lowndes

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

2 TBD 1 Intellectual Property Seminar 12:00 p.m. • OCBA Center ADR Committee Meeting

12:00 p.m. • OCBA Center

Law 2 2 Bankruptcy Committee Seminar

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

1 Seminar 2 Technology Committee

2019 Gala 23 OCBA Laissez les Bon Temps Rouler!

Literary 1 3 Lawyers Society Meeting

2 Meeting 6 Social Committee

Real Property Committee Seminar TBD 12:00 p.m. • OCBA Cente Construction Law Committee Meeting 5:00 p.m. • OCBA Center

& Wellness 2 7 Health Committee Meeting

TBD 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center

Security 1 4 Social Committee Meeting

7:00 p.m. • Winter Park

Racquet Club

12:00 p.m. • OCBA Center

12:00 p.m. • OCBA Center

Luncheon

28 OCBA The Hon. Mary Scriven

11:30 a.m. • Embassy Suites Downtown Orlando

12:00 p.m. • OCBA Center

www.orangecountybar.org

theBriefs January 2019 Vol. 87 No. 1

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