The Orange County Bar Association - The Briefs - January 2020

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message New Year Challenge – Try Something New Unrelated to the Law! Anthony F. Sos, Esq. January 2020 Vol. 88 No. 1

Chief ’s Column Trust, Confidence, and Social Media The Honorable Donald A. Myers, Jr.

Legal Aid Society The OCBA Celebrates Mary Anne De Petrillo Now and Into the Future Paralegal Post Making it Personal: The Effects of Alcohol and Substance Abuse in the Legal Community The Honorable Faye L. Allen

Your Medical Malpractice Attorneys Contact us for co-counsel opportunities

SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Orlando 407 841 9866

theBriefs January 2020 Vol. 88 No. 1

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the Briefs

Contents 3

President’s Message New Year Challenge – Try Something New Unrelated to the Law! Anthony F. Sos, Esq.

4

Judicial Relations Committee Bench and Bar Work to Increase Efficiencies Mary Ann Etzler, Esq.

5

OCBA January Luncheon 10 Valuable Lessons from Serving 35 Combined Years on the State, Appellate, and Federal Bench The Honorable John Antoon, II

6

Clerk’s Corner Civil Filings Jurisdictional Thresholds Have Changed Tiffany Moore Russell, Esq.

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Chief’s Column Trust, Confidence, and Social Media The Honorable Donald A. Myers, Jr.

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Bankruptcy Law Committee Student Loan Management Program in the United States Bankruptcy Court for the Middle District of Florida Tammy Branson Christie D. Arkovich, Esq.

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13

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Hearsay Columnist Linnea M. Eberhart

Paralegal Post Making it Personal: The Effects of Alcohol and Substance Abuse in the Legal Community The Honorable Faye L. Allen

YLS on the Move Andrew P. Irvin SideBar Alena V. Baker

18-19

w OFFICERS Anthony F. Sos, President LaShawnda K. Jackson, President-elect Eric C. Reed, Treasurer Karen L. Persis, Secretary

OCBA October Luncheon

23

Voluntary Bar News SideBar Alena V. Baker, Esq.

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w EXECUTIVE COUNCIL Jared A. Brooks Euribiades Cerrud, II Keshara D. Cowans Amber N. Davis Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Fermin Lopez Gary S. Salzman Jessica A. Travis William D. Umansky M. Ryan Williams Richard S. Dellinger, Ex-officio C. Andrew Roy, YLS President

Immigration & International Law Committee Painting a Picture of Artist O-1 Visas Under the Trump Administration Emily T. Behzadi, Esq.

27

Young Lawyers Section News YLS on the Move Andrew P. Irvin, Esq.

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OCBA Member News Hearsay Linnea M. Eberhart, Esq.

32 33

Events & Seminars

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12

Classifieds

Legal Aid Society News Message from the President of the Board of Trustees Kimberly E. Hosley, Esq. Message from the Executive Director of the Legal Aid Society Bethanie A. Barber, Esq.

36 Calendar

DEADLINE INFORMATION

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

All contents ©2020 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock.

ISSN 1947-3968

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©2020

Associate Editors Karen L. Middlekauff & Robyn M. Kramer

New Members

Legal Aid Society The OCBA Celebrates Mary Anne De Petrillo Now and Into the Future

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Editor Kate T. Hollis

Legal Aid Society News Chaos is the Cousin of Contentment Bethanie A. Barber, Esq.

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher 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 2020 H

New Year Challenge – Try Something New Unrelated to the Law!

appy New Year from the Orange County Bar Association! In contemplating this month’s “President Message,” I mentioned to my wife, Rebecca, that I was considering writing about how to keep New Year’s resolutions. Her response: “You’re going to offer tips on keeping New Year’s resolutions? Ha!” Hmmm.

So, upon further reflection, I’ve Anthony F. Sos, Esq. decided to put a little twist on this common theme. As we embark on this new year, I am encouraging all readers (as well as this author), to consider picking up a new hobby wholly unrelated to the law. If the hobby happens to be enjoyable or helps facilitate quality time with family, then sticking to it shouldn’t be as much of a challenge as some resolutions prove to be.

I’ll give you an example. Although I played some tennis as a young person, Rebecca has recently picked up the game. Tennis is something she can pursue on her own; but it’s also something we have enjoyed doing together. We love going out on weekends or after work and hitting the ball around. It is great exercise, helps clear the mind, and gives us something to look forward to doing as a couple. We also have organized friendly mixed-doubles matches with other couples. It’s huge fun, and we embrace the challenge of improving our games. We figure that this is a sport we can play into retirement.

I happen to know that United States District Court Judge, the Honorable John Antoon, II also recently picked up tennis. Judge Antoon is 73 years old. Yes, he gave me permission to share this information. Although he is active in many other ways, he is trying new things. This inspired me. So, in preparing for this article, I asked him about his new hobby and his general thoughts on trying something new. During our discussion, he wisely said, “My belief is that new challenges are good for the brain and good for the soul.” When asked about tennis, he said, “Taking up tennis has been a fun challenge for me that came with an added dosage of humility.” In talking with him, he also commented that he is “deeply inspired by his wife who has an irrepressible joy for the wonders of life.” We all know Judge Antoon to be very thorough, so I was not surprised after our discussion that he sent over an additional quote from Pablo Picasso that read, “I am always doing that which I cannot do, in order that I may learn how to do it.”

I love hearing stories about people trying something new and then developing a passion for it. Take County Court Judge, the Honorable Eric Dubois, or an attorney at our office, Bill Tonelli. They are always finding joy and sharing new adventures about cooking on their Big Green Eggs. Heather Meglino recently started working out at an obstacle gym, and Barbara Leach started a cookiebaking side gig.

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As I’ve already been playing, tennis does not count as a new hobby for me. So, to honor the spirit of my own message, I’ve decided on a new pursuit for the coming year. Here’s how it came about.

Without any prompting from us, our son has recently taken a keen interest in the piano, teaching himself to play. Excited about his new pursuit and wanting to encourage it, we surprised him with the new keyboard he wanted for Christmas. (I can say that now, since you’ll be reading this after the new year.)

Meanwhile, I had been trying (unsuccessfully) to encourage my son to learn to play chess. Chess is a hobby I enjoy, though, in all candor, I’m not very good at it. To my surprise, though, last week, my son finally relented. Being the son of a lawyer, though, he qualified his assent: “Okay, Dad, I’ll make a deal with you. I will learn how to play chess if you try to learn how to play the piano.” I could only laugh at the suggestion because, as much as I love music, it is not an area where I possess an iota of ability or talent. Still, I’ve decided to take my son up on the deal.

So . . . my “try something new” adventure for the new year is the piano.

Now, since I’ve publicly declared this undertaking, I expect some gentle prompting from you, my colleagues. The way I see it, being asked how my lessons are coming will be a gentle nudge, requiring me to account for how well I’m staying true to my new resolution.

I want to hear about your resolutions so I can return the favor.

What adventure will you try in the new year?

Perhaps one of these will pique your interest: Guitar Hiking Mountain Biking Tai Chi Gardening Cooking Art CrossFit Flower Arranging Chess Photography Volunteering (a great family activity) Sailing Jujitsu Creative Writing Triathlons Book Club Obstacle Gyms Birding Astronomy Belly Dancing Drawing Bowling Roller Skating Fishing Scuba Diving Homebrewing Too often, we let fear of failure or the unknown prevent us from trying something new. Put yourself in a vulnerable situation and accept this challenge. Win, lose, or draw, you will likely grow as a person and may find a new source of enjoyment, even if it comes with a strong dose of humility.

Anthony F. Sos, Esq., is a partner at Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. He has been a member of the OCBA since 2005.

www.orangecountybar.org

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Judicial RelationsCommittee Bench and Bar Work to Increase Efficiencies The Judicial Relations Committee (“JRC”) meets every other month to discuss issues of concern regarding how the bench and bar might work together to increase efficiencies, share updates on matters happening in our legal community, and make inquiries or requests on important issues. Topics such as pending law changes, rule changes, judicial rotations, issues impacting judicial resources, reimplementaMary Ann Etzler, Esq. tion of business court, online dispute resolution implementation, standardized form recommendations, and more are discussed.

Prior to the meetings, members are encouraged to provide questions or issues for discussion, such as: “How do I let a judge know that a requested order has been pending for over 60 days without

causing a stir?” or “Is there an efficient way to research administrative orders on the Ninth Circuit’s website?” or “Will we ever have access to interpreters in all courtrooms?”

To keep the bar apprised of information resulting from the JRC meetings, minutes from our meetings are now posted on the OCBA website for review by all OCBA members, not just JRC members. Additionally, because meeting space is limited, we now have a call-in number for any member who cannot attend in person, and for any nonmember who would like to hear the discussions (listen-only mode). That call-in number is: 800-346-8020, code 772589#.

Plan to join us for future meetings, and don’t forget to take a look at our minutes for a summary of how the bench and bar are working together for the benefit of our legal community!

Mary Ann Etzler, Esq., Etzler Law, P.A., primarily practices in the areas of commercial and business litigation, and is a circuit civil mediator and FINRA arbitrator. She is a past member of the OCBA Executive Council and is the current chair of the OCBA Judicial Relations Committee. She has been a member of the OCBA since 1996.

Nominations Due by January 15 TM

The following elected leadership positions are open for nominations:

OCBA Executive Council (One-year term for each position: June 1, 2020, through May 31, 2021.)

• Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2020, through May 31, 2023.)

• Three (3) Executive Council Seats Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2020, through May 31, 2022.)

• Two (2) Trustee Seats Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2020, through May 31, 2022.)

• Five (5) Board Member Seats

Nominating Guidelines

1. Blank nomination forms are available on the OCBA website, under the About Us/Nominations-Elections section.

2. Completed nomination form(s) must be sent via email to Jenny Brown, Executive Director, jennyb@ocbanet.org 3. Each nomination form must be signed by no less than five (5) OCBA members in good standing.

4. For YLS nominations, the forms must be signed by no less than five (5) OCBA members in good standing, who are also YLS members.

5. Any nomination for the offices of Vice President/PresidentElect, Treasurer, or Secretary of the OCBA Executive Council shall only be accepted if the nominee has already served on the OCBA Executive Council at least one (1) year.

6. If you need to update your email address and do not know your username, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-422-4551, Ext. 245, for assistance. If you need to reset your password, please follow the password reset instructions.

Important Deadlines

Nomination Period: Open now through Wednesday, January 15, 2020 The Election will begin on February 17 and end February 28. Results will be available after March 2.

Board Appointments / Officer Installations: May 2020 PAGE 4 www.orangecountybar.org

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OCBA LuncheonThursday, January 23, 2020 10 Valuable Lessons from Serving 35 Combined Years on the State, Appellate, and Federal Bench

T

he Honorable John Antoon, II currently serves as a United States District Judge for the Middle District of Florida in the Orlando Division. He has served in this position, handling both civil and criminal cases, since being appointed in 2000. During his tenure as a federal judge, he has served on numerous committees of the court, most recently serving as the chair of the 2011 Eleventh Circuit Judicial ConferThe Honorable John Antoon, II ence.

United States District Judge Prior to his service as a federal Middle District of Florida judge, he served as a judge for the State of Florida from 1985 to 2000. From 1985 to 1995, he served as a circuit court judge for the Eighteenth Judicial Circuit in Brevard County, serving as chief judge for the Eighteenth Judicial Circuit (encompassing both Brevard and Seminole counties) on two separate occasions during that time: 1991 to 1993 and in 1995. Judge Antoon was the chair-elect of the Florida Conference of Circuit Judges from 1994 to 1995. In 1995, Judge Antoon was appointed to Florida’s Fifth District Court of Appeal, located in Daytona Beach, Florida. He served on that court from 1995 to 2000, serving as chief judge from July 1, 1999 to June 1, 2000.

Judge Antoon has a master of science degree from Florida Institute of Technology, a juris doctor from Florida State University, and a LLM from the University of Virginia.

Judge Antoon is a member of the Orange County Bar Association, the Brevard County Bar Association, and the Federal Bar Association. He served as president of the Brevard County Bar Association in 1983. Judge Antoon has also been active in the American Inns of Court organization, having been a member of four local Inns of Court in Brevard, Seminole, Volusia, and Orange counties. He was the founder of the Brevard County Vassar B. Carlton Inns of Court and served as its first president. He also served as the president of the Orlando, Florida, George C. Young American Inns of Court.

Judge Antoon has received numerous awards through his years as both a lawyer and as a jurist. These awards include the Eighteenth Judicial Circuit Humanitarian Award for sensitivity towards victims and witness rights (1988); the Marjorie Olsen Child Advocacy Award for distinguished service to children (1992); the Orange County Bar Association’s Criminal Law Committee’s Judge Gary L. Formet, Sr. Criminal Justice Award (2004); the George C. Young First Central Florida Inn of Court, Judge James G. Glazebrook Memorial Outstanding Member Award for commitment as a member of the Inn and fostering excellence in professionalism, ethics, and civility in the profession of law (2009); Trial Judge of the Year from the American Board of Trial Advocates, Central Florida Chapter (2011); the Orange County Bar Association’s James G. Glazebrook Memorial Bar Service (Professionalism) Award (2013); the Florida State University College of Law Distinguished Alum Award (2013); and The American Inns of Court Foundation Professionalism Award for the United States Court of Appeals for the Eleventh Circuit (2016).

Embassy Suites by Hilton Downtown Orlando Thursday, January 23, 2020

11:30 a.m. – 1:00 p.m.

191 E. Pine St., Orlando, FL 32801 Title Sponsor: Orange Legal Title sponsor: Supporting sponsors:

Please RSVP by Monday, January 20, 2020 orangecountybar.org/store Registrations will not be accepted after January 20, 2020 Cancellations must be received no later than January 20, 2020 To cancel, please contact Stephanie Sadi at stephanies@ocbanet.org

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Clerk’sCorner Civil Filings Jurisdictional Thresholds Have Changed

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s we ring in the new year, I wanted to make sure you all are aware of some important changes concerning civil filings that went into effect on January 1, 2020. For the first time in twenty-eight years, the Florida legislature agreed to update a key “amount-in-controversy” monetary threshold that divides the workload between county civil and circuit civil courts.

House Bill (HB 337), which was passed unanimously, raised the existing $15,000 county court threshold to $30,000 on January 1, 2020. This change had its origins in the Supreme Court’s Workgroup on County Court Jurisdiction. The legislative change will raise the $30,000 threshold to $50,000 on January 1, 2023. Concurrent with these changes, on November 14, 2019, the Florida Supreme Court issued SC 191354, which increased the small claims jurisdictional limit from $5,000 to $8,000, effective January 1, 2020.

Here is a breakdown of the civil filings’ thresholds: Currently • Small Claims: $ 0 - $5,000

• County Civil: $5,001 - $15,000 • Circuit Civil: $15,001+ As of January 1, 2020 • Small Claims: $ 0 - $8,000 • County Civil: $8,001 - $30,000 • Circuit Civil: $30,001+ As of January 1, 2023 • Small Claims: $ 0 - $8,000 • County Civil: $8,001 - $50,000 • Circuit Civil: $50,001+ The new claim amount will be a new required field on the civil cover sheet that you will see in the Florida Courts E-filing Portal.

On the case information tab for new civil case filings, the filer will be required to enter the claim amount.

When documents are filed through the e-filing portal, they are handled on a first in, first out basis, which means my staff can work on these documents within forty-eight hours or earlier.

Remember, you can stay up-to-date with all the latest news from my office by visiting www.myorangeclerk.com, where you will also be able to subscribe to our “Center Court” newsletter and have information delivered directly to your inbox.

Have a great new year!

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

JAN - APRIL

January 7, 2020

Tax Season Can Be a Great Season

January 21, 2020

GAL Training: Mind the GAP! The New Guardianship Assistance Program

February 4, 2020

GAL Training: Educating Educators about Dependent Child Needs

February 18, 2020 We are Family: Temporary Custody of Minors by Relatives, Chapter 751 March 3, 2020

This IS a Test: Strategies for Effective Immigration (USCIS) Interviews

March 17, 2020

GAL Training: Hard Work Can Work: The Benefits of Drug Court

April 7, 2020

Expertly Working with Parenting Experts

April 21, 2020

GAL Training: Least Restrictive Means: Is a Higher Level of Care Really Needed?

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered).

ALL TRAININGS WILL BE HELD AT : Bay Equity in Lucerne Plaza, 100 W. Lucerne Circle, Suite 502, Orlando, 32801. Parking is free.

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO

Type the following address into your GPS to avoid 408 road construction closures: 116 America Street, Orlando, Florida 32801 PAGE 6 www.orangecountybar.org

2020

mcarbo@legalaidocba.org or call: 407-841-8310 ext 3121 theBriefs January 2020 Vol. 88 No. 1

Chief’sColumn Trust, Confidence, and Social Media Courts must have the trust and confidence of the people they serve if they are to fulfill their constitutional role.

–Jorge Labarga, Florida Supreme Court Justice

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nherent in the mission of the courts – our mission of protecting rights and liberties, upholding and interpreting the law, and providing for the peaceful resolution of disputes – is an obligation The Honorable to remain impartial and objecDonald A. Myers, Jr. tive. This obligation serves as the Chief Judge bedrock for our legal system and is paramount in earning the trust Ninth Judicial Circuit Court and confidence of the people.

When we talk about objectivity or public confidence, we often do so in the abstract – in sweeping generalizations and broad concepts that do not reflect how the courts actively uphold these ideals. We do not often dig into the gritty details of how the courts actually remain impartial and build trust.

The Florida Supreme Court’s long-range strategic plan specifically contemplates that the courts of Florida will “[p]romote public trust and confidence in the judicial branch by delivering timely, consistent, and useful information through traditional and innovative communication methods.” For the Ninth Circuit, these nontraditional, innovative means take the form of social media, and the details of how we remain impartial become critical.

At its most basic, social media is a public forum for collective communication, the technological counterpart to the historical public square. Thoughts, ideas, and opinions are shared in open discourse – a conversation that is anything but impartial, objective, or unbiased. And, while we encourage people to comment and converse with us on Facebook or Twitter, we can rarely return that engagement.

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Judicial canons prohibit judges – and therefore the court – from engaging in any discourse that may point to a predetermined perspective on any issue that could potentially come before the bench. Almost everything has the potential to present as an issue before the courts, which leaves us with very few options for conversational engagement. Of course, we can respond to requests for information or help jurors who have lost their summons. However, we cannot have a conversation about a court user’s case, talk about pressing social issues, or comment on the latest news.

While it may seem that these limiting rules of engagement would prevent us from meaningfully connecting with the community, we have found the opposite to be true. Sure, we wish we could express condolences when our community is collectively grieving. Or wish we could respond to the inflammatory statement of an internet troll. However, this is not how we engage with our community.

Having the opportunity to pull back the curtain and share what goes on at the courthouse besides trials, getting input from court users on how we are doing and how we can better serve them, sharing our knowledge and expertise and love of the law – that is how we build relationships on social media. That is how we engage with the community.

The community has not focused on what we cannot offer; instead it fully engages with what we can. And, what we can offer is an impartial, objective court dedicated to protecting their rights and liberties, upholding and interpreting the law, and providing for the peaceful resolution of disputes. What we can offer is a court dedicated to remaining impartial and objective, to building public trust and confidence.

I hope you will follow us on Facebook, Twitter, and Instagram @ NinthCircuitFL as we continue to seek new and innovative ways to communicate information about your court!

The Honorable Donald A. Myers, Jr., is the Chief Judge of the Ninth Judicial Circuit. He was elected to the Circuit Court for Orange and Osceola counties in 2010 and served in many capacities in the circuit, most recently as a circuit court judge assigned to the domestic division and as the administrative judge for appeals to the circuit court. He has been a member of the OCBA since 1980.

www.orangecountybar.org

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Bankruptcy LawCommittee Student Loan Management Program in the United States Bankruptcy Court for the Middle District of Florida

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n an effort for debtors to receive a “fresh start” and not a “false start,” the Bankruptcy Court for the Middle District of Florida (“MDFL”) has implemented a Student Loan Management Program (“SLMP”) that utilizes a transparent portal for an individual to obtain relief from federal and private student loans.

The program started on October 1, 2019, and is the first in the nation. The SLMP attempts to tackTammy Branson le the $1.5 trillion student loan debt currently owed by forty-six million Americans. The goals of SLMP are threefold: (1) increase communication presently lacking between both federal and private student loan borrowers and their servicers by using a portal; (2) raise awareness among borrowers and their counsel of available options; and (3) end unnecessary and costly forbearance during bankruptcy.

Forbearance is a commonly available option used to delay making student loan payments when a borrower is temporarily unable Christie D. Arkovich, Esq. to make the monthly payments.

However, forbearance can have long-term financial implications that often are not understood by borrowers. Although the payment button has been effectively paused, while the student loan is in forbearance, the loan continues to accrue interest. This interest is capitalized and is added to the principal balance of the loan. As a result, without making payments to cover the interest while in forbearance, the borrower’s balance will be higher when the loans reenter repayment.

Historically student loans have been treated like debts owed to other “unsecured” creditors, such as credit card balances, medical bills, and other unsecured debts. The regular monthly payment on student loans was not paid during the bankruptcy; rather, student loans were paid “pro-rata” along with other general, unsecured creditors.

However, the SLMP provides other options. Rather than simply leaving student loans to accrue capitalizing interest in a Chapter 13 case for three to five years, the SLMP encourages debtors to explore the various income-based repayment plans offered by the federal government and to see what options might be available for private student loans.

The program enhances communication, provides additional options, and ends needless forbearance that causes larger loan balPAGE 8

ances. For instance, a debtor who owes $100,000 in student loans with an interest rate of eight percent would owe more than $148,000 after a five-year bankruptcy repayment plan if the loan were simply put on hold.

In a similar vein, in 2010, the MDFL implemented a Mortgage Modification Mediation (“MMM”) program to assist debtors in seeking mortgage modification. The MMM program uses a portal to exchange documentation and communicate with mortgage servicers. The MMM program has been a great success, has reduced litigation, and is recommended by mortgage creditors as a model for bankruptcy loss mitigation programs. It has been duplicated in many bankruptcy courts across the country and has saved thousands of borrowers from homelessness. The secure portal provided

by DMM Portal at https://www.dclmwp.com has added a dropdown menu for SLMP options now available in the Middle District of Florida. The debtor files a notice of participation and uploads the appropriate documents using the portal and the process is underway.

Neither the MMM program nor the SLMP require servicers to modify these loans. They merely encourage the parties to communicate effectively using the portal for transparency. Frequently, when a debtor files bankruptcy, they cannot submit the applications through the student loan servicer’s website, and only the debtor receives notifications of the progress of the process.

Without an advocate on their side, loan balances continue to rise, as debtors fail to take advantage of various forgiveness programs or inadvertently default, which adds an additional 25 percent of the total debt in collection costs to the often already high balance.

Why is there a need for such a program?

In 2017, the Consumer Financial Protection Bureau (“CFPB”) and five state attorneys general sued the largest of the Department of Education’s (“DOE”) servicers, Navient, in which they alleged that Navient misallocated payments, steered borrowers away from income-driven repayment program plans (“IDR”), and failed to provide clear information on how to reenroll in IDR plans.

According to an inspector general’s audit of federal student loan servicers, it was found that 61 percent of the time, student loan servicers are non-compliant with federal loan servicing requirements regarding forbearances, deferments, and IDR plans. (February 12, 2019 ED-OIG/A05Q0008). It is beneficial for the debtors to have their own advocate to review their options with them and then apply for the appropriate programs.

The audit report states that one of Federal Student Aid’s (“FSA”) objectives is to include the implementation of processes, tools, and methods that protect the interests of students, and to support FSA in making service providers accountable. The objective further states that FSA would ensure that its processes for resolving student issues are simple for customers to use and sophisticated enough to capture insights that can be used to refine student aid operations. The SLMP has all of these ideas wrapped into one program.

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To the SLMP committee, this is a replay of the mortgage crisis; though affordable student loan repayment plans are available from the government, student loan servicers have not been able to properly assist borrowers, just as the mortgage servicers could not do so during the mortgage crisis.

Also, there are multiple student loan repayment plans that often are confusing to borrowers. These difficulties were the catalyst to applying the same MMM process to those debtors who have student loan debt.

The SLMP is needed to effectuate Congress’ intent that debtors in bankruptcy receive a “fresh start.” Since most student loans are non-dischargeable, a “fresh start” is not the result when debtors have student loan debt. Under the current bankruptcy case law, a debtor must show the student loans are an undue hardship and that he or she tried to pay the student loans, cannot afford to pay the student loans now, and won’t be able to pay the student loans in the future. This is a very hard threshold that most debtors cannot overcome. A process is needed that works for all parties to assist debtors to enroll in an available IDR plan. This would ultimately provide a greater income stream for the government than when student loans are abated during bankruptcy and receive little pro-rata distribution from the bankruptcy trustee.

This program will encourage debtors to sign repayment plans, which will cause increased distribution from the trustee, and such repayment will match the lender’s requirements in the DOE’s process.

We have found when assisting clients that there are significant problems that debtors face when they are in a bankruptcy case that has federally guaranteed student loans.

In our opinion, leaving this to the debtors to figure out on their own, by using the government’s website, is not working.

Leaving it to the servicers, who do not represent the borrowers, is not working. Leaving Chapter 13 borrowers in forbearance, for five years, is not working. These loans should not be abated; instead, debtors should be able to make progress towards a “fresh start” and not a “false start” with student loans. As acknowledged, the DOE and its loan servicers place these loans on a “hold” while in bankruptcy. This needs to change. As mentioned above, a debtor who owes $100,000 in student loans with an interest rate of eight percent owes more than $148,000 after a five-year plan. This is a sad state of affairs. It is especially important as some borrowers qualify for a forgiveness at the end of their repayment plan. If a borrower works in public service, such as a teacher, police officer, or even court employee, the borrower would earn

Maria E. Espinosa, Esq. Schedule at:

407-733-3662

a forgiveness at the end of ten years. In a five-year Chapter 13 plan, he or she would be half way there! For borrowers who do not work in public service, the forgiveness is earned at the end of twenty years for undergraduate studies and twenty-five years for graduate studies.

Just lifting the bankruptcy automatic stay alone to allow borrowers to work directly with the student loan servicers will not work. The court and the trustee must supervise the debtor’s Chapter 13 plan payments, considering many factors, such as disposable income, unfair class treatment, and feasibility to name a few. The government and the debtor cannot resolve these issues by themselves; it should be within the confines of the bankruptcy process.

The SLMP pioneered in the Middle District of Florida is the best way to achieve this goal. Bankruptcy courts around the country are very interested in replicating this process. Hopefully, this program is a success and can be replicated around the country. Stay tuned.

For more information, contact Tammy Branson at Tammy@bransonlaw.com, or Christie Arkovich at Christie@christiearkovich.com Tammy Branson, senior paralegal and certified bankruptcy assistant at Branson Law, PLLC, has been a member of the OCBA since 2014.

Christie D. Arkovich, Esq., is the president of Christie D. Arkovich, P.A., based in Tampa, Florida.

Ms. Branson and Ms. Arkovich are members of the Student Loan Committee for the U.S. Middle District of Florida.

espiesq@aol.com

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

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

Bilingual English/Spanish

Invite your colleagues to join the OCBA today!

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

407-422-4551, ext. 225

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www.orangecountybar.org

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Legal Aid Society The OCBA Celebrates Mary Anne De Petrillo Now and Into the Future

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“military brat,” breathed into the Legal Aid hile Mary Anne De Petrillo left the Society can never be extinguished. small parking lot of the Legal Aid Society of the Orange County Bar AsMary Anne came of age in the 1960s and sociation, Inc., for the final time as executive 1970s, which meant she was witness to the director on December 31, 2019, her impact, Vietnam conflict, assassination of public figpresence, and legacy will remain forever. Her ures, protests, and riots. She was immediately mission of strengthening individuals and drawn to the concept of “peaceful resolufamilies will be carried on by the entire Legal tion,” especially for the poor and disenfranAid staff. chised. This sealed the law as her profession of choice. If you know Mary Anne, you know The 3,200+ OCBA members she so expertly she lives by the principles of truth and equity; guided to provide unmatched legal assistance there was never another career option she was to disadvantaged Orange County residents more passionate about than public interest will not skip a beat in service. law. During more than 40 years as an attorThe hundreds of community partnerships she ney, she pursued justice for the disenfranso judiciously and delicately cultivated will chised each day. She managed to do so with continue to know the power of collaborative a supportive, empathetic energy and clever social justice. sense of humor. She challenged each of us on Most significantly, the millions of working the Legal Aid staff to practice with the same poor, indigent, elderly, socially vulnerable, tenacious pursuit of equity she did. and military veterans who receive services Mary Anne’s pursuit did not come without from Legal Aid Society under her leadership Mary Anne De Petrillo, Esq. sacrifice. Her husband, son, daughter-in-law, will continue to live in a community comand three grandchildren selflessly shared Mary Anne with all of mitted to removing legal impediments to their prosperity. us. As she enters retirement and can finally focus on her loves of When Mary Anne joined Legal Aid in 1984, who could have science fiction, antiquing, soccer, Disney, and head-banging music known the unparalleled accomplishments she would go on to (yes, you read that correctly) with her family, we know Mary Anne achieve? A year later, she became acting director and, under her is not leaving 44 admiring staff members behind. In true Mary direction, the organization grew to provide legal services to more Anne fashion, she is empowering us, as she empowers our clients, than 13,000 local residents and more than 2,600 children in de- to fight the good fight every day. With all our heart, we thank and pendency court each year; hold the equivalent of one community celebrate you, Mary Anne De Petrillo. outreach event each week a year; secure in excess of $377,000 in earned income tax credit and other refunds for the indigent each With undying gratitude, tax season; and mobilize the largest volunteer attorney base any Your Legal Aid Society Family legal aid organization in the nation has ever managed. She also Due to Mary Anne’s vision, each member of the Legal Aid Society of the oversaw the purchase of a free-standing office building for Legal Orange County Bar Association, Inc., is a member of the OCBA. We look Aid, now recognized as a home for clients, staff, pro bono attorneys forward to continuing to serve our indigent community with dedication and paralegals, and volunteers alike. As she departs, what we all and passion just as Mary Anne has done. know now is that the life and spirit Mary Anne, a self-described

Legal Aid Staff and Board Members Retirement Recognition at OCBA October Luncheon for 30+ Years of Service Mary Anne and Angel Bello-Billini, Esq.

Legal Aid Staff PAGE 10

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theBriefs January 2020 Vol. 88 No. 1

Mandy Silvestris

Hillary Lyals

Magistrate Howard Friedman and Mary Anne De Petrillo, recipient of the 2009 William Trickel, Jr. Professionalism Award John De Petrillo

Cathy Tucker, Esq.

Dedication of the Mary Anne De Petrillo Court Training & Education Center at the Center at the Orange County Courthouse in 2014

Room dedication gift presented at OCBA Luncheon

by Tad Yates, Esq.

Bill Davis, Esq.; Donna Haynes; Bethanie Barber, Esq.; Larri Thatcher, Esq.

theBriefs January 2020 Vol. 88 No. 1

Chuck Stepter, Esq., and Marie Stepter

www.orangecountybar.org

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Legal Aid SocietyNews Message from the President of the Board of Trustees January 1, 2020 Dear Orange County Bar Member:

Kimberly E. Hosley, Esq.

In Orange County, we believe that “Equal Justice Under Law” is more than just an inscription over the bench. For more than fifty years, the members of the Orange County Bar Association, Inc., 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 of 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 volunteers like you, the most vulnerable in our society – abused and neglected children, victims of domestic violence, the elderly, and those in danger of 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!

Kimberly E. Hosley, Esq. The Orlando Law Group, PL President, Board of Trustees

Message from the Executive Director January 1, 2020 Dear Orange County Bar Member: On behalf of the Legal Aid Society of the Orange County Bar Association, Inc., thank you for your continued support. Our organization was created by OCBA members in 1961 as the community’s primary means for providing the poor civil legal access to the court system. Staff and pro Bethanie A. Barber, Esq. bono attorneys like you deliver free, quality 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 nearly 14,000 hours of free legal services to the community through Legal Aid. Together, we use our legal skills to provide safety and stability for the most vulnerable in our community. Please help us again to carry on our unparalleled tradition of service in 2020 and experience the fulfillment of serving these members of our community by signing up for your pro bono preference now.

Your legal skills make a lasting difference in the lives of the families and individuals we serve. With your efforts, we will continue to build a healthier and stronger community. We also strengthen our profession through collective action and frequent, free continuing legal education opportunities. Your financial contribution to support the staff and pro bono program is also greatly appreciated.

As members of the OCBA, we take pride in the unmatched comPAGE 12

mitment we make to our community’s indigent through pro bono service. Last year, we took our commitment to new heights by creating pro bono opportunities for every member of the OCBA with the creation of the very first Paralegal Pro Bono Preference Form.

The paralegal pro bono preference form enables paralegals to choose pro bono service case work and project options that meet their schedules and interests. The pro bono projects paralegals select can be based on personal passion, an area of law about which the paralegal would like to know more, or an area of service that correlates with the pro bono project in which their firm currently engages.

The 2020 Pro Bono Preference Forms are available online now.

Attorneys and paralegals may make pro bono selections by following the links below to be directed to the appropriate, fillable forms.

You will be able to select cases or projects, or make contributions.

Go to: https://secure.acceptiva.com/?cst=111b5c 2020 Pro Bono Brochure: /2020ProBonoBrochure.pdf 2020 Pro Bono Preference Form: http://legalaidocba.org/docume nts/2020ProBonoPreferenceForm.pdf 2020 Paralegal Pro Bono Preference Form: http://legalaidocba. org/documents/2020PARALEGALProBonoPreferenceForm.pdf If you prefer to receive the forms via email or mail, please contact Milly Gonzalez, assistant pro bono coordinator, at mgonzalez@legalaidocba.org.

Bethanie A. Barber, Esq. Executive Director

www.orangecountybar.org

theBriefs January 2020 Vol. 88 No. 1

Legal Aid SocietyNews Chaos is the Cousin of Contentment

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ithin a month of joining the Legal Aid Society of the Orange County Bar Association, Inc., as a staff attorney in 2008, I was appointed to represent the best interests of a ten-year-old girl impregnated by her stepfather; I assessed child support against a non-custodial parent who missed weekly visitation with their dependent children for several months despite living in the same residential Bethanie A. Barber, Esq. complex with them; and I was welcomed by a new colleague as he physically ran out of the office to represent a ninety-year-old individual in a wrongful foreclosure action. The office lobby brimmed with children anxiously waiting with their parents, who displayed equally anxious looks on their faces. Senior citizens clutched plastic bags overflowing with paperwork. Young people, sporting large hats and glasses concealing their sometimes-bruised faces, nervously tapped their legs in the corner.

At the helm, a poised and patient Mary Anne De Petrillo led our legal aid office with empathetic strength. “Let the work speak for itself,” she offered as encouragement at the start of frantic meetings and at the conclusion of case victory debriefings. Every single person at the Legal Aid Society office on Robinson Street was in constant motion, though commitment to service did not stop with staff.

Nearly 2,000 attorneys voluntarily chose to use their law degrees to achieve what many think is only the stuff of fiction: save little old ladies from unscrupulous financial predators, find forever families for children who never before knew the meaning of un-

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conditional love, and enable an abused spouse the opportunity to start life anew, no longer bound by fear or legal obligations to their abuser. Our volunteers had a choice, and they chose to join Legal Aid in our mission of providing quality legal services that promote prosperity for our community’s most vulnerable.

Twelve years later, the work still speaks for itself. It is my life’s dream to work with you, the 3,000+ OCBA members, who miraculously support our mission year after year; our judiciary, who invigorate Legal Aid with constant statewide advocacy of public interest law and reminders to attorneys of the numerous benefits of supporting Legal Aid; our local community, whose schools, businesses, and residents give of themselves to make certain every resident can know safety, security, and self-sufficiency through ties with Legal Aid; and staff, who are some of the most selfless and brilliant human beings I have ever had the pleasure of knowing.

As the new Legal Aid Society executive director, working with an extraordinary staff, board of trustees, and you, I am gifted the opportunity to find and implement additional resourceful and effective ways to accomplish our mission, along with more collaborators, both attorney and non-attorney, to assist with the mission.

I know why so many of you go above and beyond what every other voluntary bar member in the nation does to serve our community. It is the reason our Legal Aid lobby is so chaotic: our fellow residents rely on our legal services to make it from one day to the next in this life, you understand the value of our profession, and they know you value their lives. Thanks to you, the Legal Aid Society says: bring on the chaos.

Bethanie A. Barber, Esq., is the executive director of the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

www.orangecountybar.org

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ParalegalPost

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Making it Personal: The Effects of Alcohol and Substance Abuse in the Legal Community

ince I joined the bench as a county judge in the Ninth Judicial Circuit in 2005, it has been my mission to do my part to enhance the legal profession.

Fortunately, there is not a lack of opportunities to participate in educating and mentoring legal practitioners, law students, and others.

When the chair of The Florida Bar Registered Paralegal Enrichment Committee asked me to present during the summer meeting of The Honorable Faye L. Allen the 2019 Florida Bar Convention about substance and alcohol abuse in the legal profession, I was delighted to accept the invitation and pursue my mission by addressing these important issues.

Although I looked forward to participating, my initial thought process was that I would outline my presentation in general terms.

I would address awareness and statistics, without including reallife stories relating to alcohol or substance abuse behavior in the profession. After all, also joining the panel was none other than Professor Jane Dwyer Lee. Professor Dwyer Lee and I had worked together in the past to educate students on alcohol abuse and awareness, and I knew she had a compelling personal story. Alcohol misuse and abuse had tragically impacted her life, resulting in the death of a loved one and ultimately leading to her conviction on a charge of DUI manslaughter. Unfortunately, as a younger woman, Jane Dwyer Lee served five years of incarceration. Her story, and her willingness to tell it, has impacted numerous audiences and would be integral to our presentation.

At the outset, I was quite content to contribute to a talk about alcohol abuse while remaining safely out of the glare of any scrutiny of people, places, or things that I had any personal knowledge of.

I knew about Professor Dwyer Lee’s story – how alcohol contributed to a destructive lifestyle, and I see the evidence of the same behavior in cases I preside over. Regrettably, the professional community is not immune from destructive alcohol and drug abuse.

I am reticent to say that from the moment I came to the conclusion to limit my input I knew it was solely because I was uncomfortable (definitely) and fearful (somewhat) about becoming too personal. Even though I would absolutely never mention specific people by name or title – thus carefully protecting all identities – quite candidly, I did not want to “overshare” in the presentation.

Why was I reluctant to share any knowledge I had about behavior that would enlighten a legal audience about substance or alcohol abuse in the legal profession? This question could generically be asked of most people, because all too often we are reluctant to speak about professionals who abuse drugs or alcohol. The reasons are varied. Some people are afraid of offending anyone; some are afraid of repercussions to themselves or their jobs; others may not wish to speak candidly for fear of facing their own abuse or addiction. Some people simply do not wish to seem weak, or conversely, judgmental. My reasons were twofold: (1) I did not know

in great detail of any individual’s substance or alcohol abuse or misuse, and (2) I did not want to publicly share my reservations in communicating with any legal professional who I heard might be abusing alcohol or using drugs.

In a 2015 study on lawyer impairment, in collaboration with The Betty Ford Hazelten Foundation, the ABA Commission on Lawyer Assistance Programs conducted a comprehensive survey of 12,825 licensed and employed lawyers to assess alcohol use, drug use, and symptoms of depression.1 The results showed that 20.6 percent of respondents scored at a level consistent with problematic drinking, 28 percent of respondents reported experiencing mild or higher levels of depression, 19 percent of respondents reported mild or higher levels of anxiety and 11.5 percent reported having suicidal thoughts at some point during their career. Even more alarming is that the results show that younger lawyers are at an even greater risk for alcohol abuse.2 Here’s a compelling conclusion … if one-fifth of the legal profession experiences problems with alcohol, everyone in the legal profession has a problem with alcohol.

These results are more than red flags; they are neon, pulsating, red lights indicating that every lawyer and judge must take ownership of these outcomes. Lawyers and judges are under an inordinate amount of stress, as are law students. In fact, the pressure begins in law school with stressors such as long study hours, student loans, and the pressure to excel in the top percentage of the class to attract the best employment opportunities. After graduation comes the pressure to pass the bar exam with potentially more loans during the bar study period. For those who are fortunate enough to land a job quickly, the challenge then becomes billing hours, achieving favorable results in cases, and making the boss happy, all while contending with adversarial parties. Along with professional tension are personal and family concerns, which have their own set of stressors. It is little wonder, then, that attorneys are under such a burden that we experience depression at an alarming rate, and we suffer from problematic drinking in great numbers.

As we began preparing our presentation, Professor Dwyer Lee and I were pleased to have attorney Bruce A. Blitman, a certified county, family, and circuit mediator from Palm Beach County join our panel. Attorney Blitman has done much toward bringing awareness to issues of mental health in the legal profession. I found myself encouraging him to include a more personal story in his presentation, because I thought it would make his comments more meaningful. So, I reconsidered my own presentation.

Nobel Prize recipient Marie Curie said that “[n]othing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less.” Ultimately, I decided my presentation needed to include a real-life story that I thought would help the audience to understand just how critical alcohol abuse is in our profession. The story I shared involved an attorney who would come to court smelling of the odor of alcohol. I noted that courtroom personnel would quite enthusiastically address the evident impairment of a party litigant, but no one wanted to talk about the lawyer’s evident impairment, other than anecdotally.

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EMPLOYMENT MEDIATION

theBriefs January 2020 Vol. 88 No. 1

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theBriefs January 2020 Vol. 88 No. 1

OCBA’s Got Talent!

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theBriefs January 2020 Vol. 88 No. 1

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PAGE 17

Mary Anne De Petrillo, Angel M. Bello-Billini

Brandon Sapp, Lauren Millcarek, Keshara Cowans, Jimmy Singh, Kim Hochstetler, Stephanie Alcalde

Stacey Schwartz, Anthony F. Sos, Kathleen Flammia Leonard Jackson, Cathleen Winter, Rebecca L. Palmer, Anthony F. Sos, Misty McGlothern

Lance King, Robert Grimaldi Jamie Billotte Moses, C. Andrew Roy

David Wilder, Carol Coady Florida Lawyers Mutual Insurance Company

Photos: Flo Boehm

PAGE 18 www.orangecountybar.org

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OCBA October Luncheon

Judy Perry Martinez, Esq., President, American Bar Association October 24, 2019

Embassy Suites by Hilton Downtown Orlando Co-hosted by the Central Florida Association for Women Lawyers Title Sponsor: Florida Lawyers Mutual Insurance Company

Jamie Billotte Moses, Hon. Thomas W. Young, Rev. Happy Gafford

Suzanne Gilbert; Judy Perry Martinez, President, ABA; Anthony F. Sos, OCBA President; Jamie Billotte Moses, CFAWL President

Chief Judge Donald A. Myers, Jr. Judy Perry Martinez Suzanne Gilbert

Legal Aid Society Award Recipients: Kimberly Hosley, President, Legal Aid Society; Lorraine N. Pitre, 2019 Pro Bono Champion Award of Excellence; Adriana Olivares, 2019 New Attorney Award of Excellence; Melody B. Lynch and Lavon B. Williams, 2019 Elizabeth Susan Khoury Guardian ad Litem Award of Excellence; Mary Anne De Petrillo, Executive Director, Legal Aid Society; (Not pictured: Kimberly Ashby, 2019 Elizabeth Susan Khoury Guardian ad Litem Award of Excellence)

Anthony F. Sos Hon. Faye Allen Hon. Eric H. DuBois Hon. Vincent S. Chiu Anthony F. Sos

theBriefs January 2020 Vol. 88 No. 1

www.orangecountybar.org

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theBriefs January 2020 Vol. 88 No. 1

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Courses are available 24 hours a day, 7 days a week. All instructions are included online.

You can start and stop programs, picking up where you left off, as many times as you like. Phone support is available for questions about using any of the online courses.

About this course: The Notary Public course and the Notary Public Commission Renewal course are sponsored by Florida Notary Services.

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theBriefs January 2020 Vol. 88 No. 1

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CFGALLA Come Out With Pride 2019 Front row: Scott Newbern, Brian Lawrence, Taylor Hamill, Austan Sullivan; Back row: Linda Andriano, Michael Andriano, Comedian Carrot Top, Jill Davis, Ani Rodriguez-Newbern, Molly Hamill, Kate Hollis

Central Florida Family Law Inn of Court

ABOTA At its November 12, 2019 Judicial Luncheon, the ABOTA Central Florida Chapter presented its Trial Lawyer of the Year award to O. John Alpizar, and its Jurist of the Year award to The Honorable C. Alan Lawson of the Florida Supreme Court.

CFAWL Judicial Reception

Board of Directors, October Meeting Front row: Lori Caldwell-Carr, Hon. Tesha Balou, Nancy Weber, Natalie Hall; Back row: Lorna Truett, President, Andrew Windle, Hon. Diana Tennis, Josh Martell, Juna Pulayya (Not pictured: Hon. Heather Pinder Rodriguez, Past President, Natalie Hall, Mark O’Mara, Don Henderson, Amy Hamlin)

In November, CFAWL’s annual Judicial Reception welcomed Supreme Court Justice Barbara Lagoa. Justice Lagoa was eloquent, inspiring, and funny. It was a great turn out of judiciary and members of the bar. Special recognition goes to committee chairs Mallory Widgren and Fay Olga Pappas for putting on a spectacular event! #CFAWLROCKS. Photo courtesy of Kim Myers Robertson, kmyersrobertson@gmail.com PAGE 22 www.orangecountybar.org

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Voluntary BarNews SideBar

H Alena V. Baker, Esq.

appy New Year, everyone!

Hope you all had the merriest of holidays and are eager to get back into the swing of things. If you are looking for ways to get involved in the new year, give one of our many voluntary bar associations a try. For a sneak peek, here are some examples of what our voluntary bar associations have been busy doing to end 2019 and ring in 2020 in the best way possible.

CFAWL

The Central Florida Association for Women Lawyers is midway through this year’s theme #CFAWLROCKS, and president Jamie Billotte Moses and the executive board are showing their members just how much CFAWL supports, celebrates, and appreciates women in the legal profession.

In November, CFAWL held its annual Judicial Reception at Casa Feliz. The event featured honored guest Florida Supreme Court Justice Barbara Lagoa, who shared an inspiring discussion about the progression of women in the law and the importance of fostering friendships throughout their careers.

CFAWL wrapped up the year with three Tables for 8 programs.

The first featured the Honorable Bob LeBlanc, the second featured Mayanne Downs, and the third was an “ugly sweater”themed event, which featured Tara Tedrow and Heather Meglino.

CFAWL also hosted a joint event with the Jacksonville Women Lawyers Association and the St. Johns Association for Women Lawyers to watch the Broadway musical, Wicked. Finally, CFAWL wrapped up the year with a December holiday luncheon as well as an annual Angel Tree Party at Rock Lake Elementary.

CFAWL is looking forward to attending the Florida Association for Women Lawyers Lobby Days in January to support legislation affecting women. For information about the exciting programs planned for 2020, follow CFAWL on social media at @CFAWLOrlando, #CFAWLprograms, and #CFAWLRocks.

GOAABA The Greater Orlando Asian American Bar Association would like to recognize immediate past-president, Annie Kwong, as its October member spotlight recipient. Annie is an associate at Quintairos, Prieto, Wood & Boyer P.A. She is involved in many local voluntary bar organizations, was president of GOAABA from 2018-2019, and was elected to the OCBA’s Young Lawyers Section board for the 2019-2021 term. She also received the 2019 New Attorney Award of Excellence, awarded by the Legal Aid Society of the Orange County Bar Association, Inc., for service in the VITA tax clinic, as well as the OCBA Young Lawyers Section Pro Bono Award of Excellence in 2017.

On October 10, GOAABA held its 10-year anniversary celebration. GOAABA would like to extend a special thank you to all of theBriefs January 2020 Vol. 88 No. 1

those who made the celebration special, including voluntary bar association leaders, founding members, past presidents, affiliate chapter members from Tampa and South Florida, as well as members of the judiciary and legislature.

On October 11, GOAABA’s Young Lawyers chair, Janice Chon, attended a voluntary bar association open house hosted by the Office of the Public Defender to discuss the many perks of joining the association.

GOAABA’s member spotlight for November went to Greg Maaswinkel at Maaswinkel Law P.A. Not only does Greg have his own law practice and is a husband and father of two teenagers, he still makes time to give back to the community through events, charities, and scholarships. GOAABA would also like to congratulate president-elect, Onchantho Am, for completing her second session of the National Asian Pacific American Bar Association’s Leadership Advancement Program on November 7 in Austin, Texas.

On November 14, GOAABA hosted a mentor-mentee lunch at Jinya Ramen.

To help ring in the new year, the association will be hosting its first Coffee with the Court on January 17 at the Orange County Courthouse Jury Assembly Room. GOAABA is also looking forward to its Lunar New Year Celebration on January 23.

PCPBA On November 14, the Paul C. Perkins Bar Association hosted a Law Student Mentoring Program Mixer at The Dapper Duck. On November 20, PCPBA held its general body meeting at the UCF Executive Development Center with featured guest speaker Eugene K. Pettis, who in 2013 became the first African American president of The Florida Bar. On December 12, PCPBA hosted its annual holiday party at Novelty at 101. Recently, PCPBA hosted its first general body meeting of the year, featuring judicial panelists Chief Judge Donald A. Myers, Jr.; Circuit Judge, the Honorable Alicia Latimore, and U.S. Magistrate Judge, the Honorable Embry Kidd.

On January 29, PCPBA will be hosting its annual Judicial Reception from 5:30 p.m. to 7:30 p.m. at the Citrus Club.

FBA The Federal Bar Association Orlando Chapter held its 2019 State of the District Luncheon on October 25. The event was moderated by Jeremy Bloor and was held at the George C. Young Federal Courthouse. The FBA would like to thank outgoing president, Lauren Millcarek, for her words of wisdom and incoming president, Colin Baker, who spoke about the FBA’s future goals for its members and the community. The FBA would like to extend a special thank you to the Honorable Roy Dalton, Jr., who delivered the keynote address and spoke about the state of the Middle District.

The FBA helped wrap up the year on December 12 by hosting its second annual new and prospective members kick-off recep-

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Immigration & International LawCommittee

I

Painting a Picture of Artist O-1 Visas Under the Trump Administration

n 2018, Iraqi-Kurdish artist Hiwa K had his visa petition denied twice before his major solo exhibition at the New Museum in New York City.1 That same year, the popular Zapotec street artist duo, Dario Canul and Cosijoesa Cernas, were banned from reentering the U.S. for the next five years.2 These are only a few of many examples of art and cultural exchange that Emily T. Behzadi, Esq. the United States missed as a result of the current administration’s efforts to severely curtail the availability of artist visas. From the so-called “Travel Ban” to the “Buy American and Hire American” policy, the administration’s dramatic shift in policy has made it incredibly difficult for lawyers to achieve favorable results on behalf of artists and art organization clients.

A. “Extraordinary Ability” & the O-1 Visa For a visual artist, working in the United States in any capacity, either for an exhibition, to work on commission, or for full-time employment, requires an approved visa, authorizing employment in the United States. Oftentimes, this process is both time-consuming and discouraging, especially when the merit of the artist’s work is intertwined with their qualification for a visa. The O-1B visa, which is perhaps the most utilized of the visa categories available for artists, requires the artist to prove that he or she possesses a certain level of “distinction,” which is defined as a “degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.”3 This essentially means that the artist must prove their objective worth through the subjective eyes of the United States Citizenship and Immigration Services (“USCIS”) adjudicator.

In order to prove this high threshold of “distinction,” the artist’s attorney must assemble a robust package of materials, evidencing either that the artist has been nominated for or received a “national or international award or prize,”4 or that the artist meets three of the six following regulatory criteria: (1) The artist has performed, and will perform, services as a “lead or starring participant” in productions which have a distinguished reputation; (2) The artist has been published in major or trade publications; (3) The artist has performed, and will perform, in a lead, starring, or critical role for organizations that have a distinguished reputation; (4) The artist has a record of major commercial or critically acclaimed successes; (5) The artist has received significant recognition for achievements from organizations or recognized experts in the field PAGE 24

(6) The artist has or will command a high salary relative to others in the field.5 While providing evidence of three of the six criteria is technically sufficient, only meeting three criteria will likely be the petition’s undoing. The regulation’s use of such broad and vague language such as “distinguished” and “international recognition,” without any definitions or guidance, gives USCIS ample opportunity to adjudicate individual petitions based on subjective rather than objective standards. Indeed, adjudicators more often than not consider the weight of each of the criteria disparately, leaving practitioners in the dark as to how to apply these seemingly fluid standards.

The focus of the criteria is more about the reputation and fame of the artist, rather than the artist’s actual talent, notwithstanding the use of the term “ability” in the regulations to indicate otherwise. In order to be extraordinarily talented, USCIS presumes that an artist must have attained a certain level of renown in the field, which would be evidenced by starring roles, commercial success, and high salaries. As USCIS relies heavily on the renown of the artist, it is incumbent on the attorney to provide objective and primary evidence of the enumerated criteria. The evidence most widely recognized as the strongest includes periodicals from trade journals and major publications. USCIS has been slow to recognize alternative or emergent sources of publicity such as blogs, podcasts, YouTube videos/news, social media, and forums, among others. The result of these stringent requirements usually precludes younger, emerging talent, who might be innovative and extraordinary but who may have not built the strong fanbase on traditional media to qualify for a visa. One of the most difficult hurdles an attorney must overcome is providing USCIS with sufficient evidence to satisfy these fluid and subjective requirements for “extraordinary ability.”

B. Additional Regulatory Obstacles for Approval of O-1 Artist Petitions In addition to meeting the difficult regulatory standards of “extraordinary,” an attorney must also examine other considerations regarding an O-1 petition. In particular, an artist must find a petitioner to file on their behalf with USCIS. Only U.S. employers and agents may serve as petitioners.6 This is particularly tricky in the arts industry, as artists are usually self-employed and often “freelance” as part of their full-time jobs. In order to overcome this impediment, visual artists will use an “agent” to apply on his or her behalf. This “agent” could be the agent or manager in the United States who procures work for the artist and with whom the artist has a contract, or this could be a representative of an artist’s foreign employer.7 More often, visual artists use a gallery to act as the agent petitioner, who will then petition on behalf of other galleries or art organizations where the artist plans to have an exhibition.

A corollary to this petitioner requirement is the obligation for all O-1 petitions to include an “itinerary,” which serves as an explanation of all events or exhibitions in which the artist intends to participate in the United States over the next three years.8 The itineraries must include beginning and end dates and the location

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and nature of each event and/or exhibition. Although this requirement is seemingly straightforward, the itinerary is one of the more difficult features of the O-1 petition. In the fine arts industry in particular, exhibitions, commissions, and other projects are rarely booked a few months in advance, let alone three years.

All O-1 petitions, including artist visas, require an advisory option from a union or management association confirming that the industry has “no objection” to the individual artist’s employment in the United States.9 While professionals in live theater and the motion-picture business may seek advisory opinions from the International Alliance of Theatrical Stage Employees (“IATSE”),10 painters and other artists of emerging or fringe media do not have an organization to seek such an opinion letter. As such, these artists must produce “peer letters” from experts in the industry, which, as a result of rigorous policies outlined below, could also be considered insufficient.

C. The Complexity of Obtaining Artist Visas During the Trump Administration The impetus of the Trump Administration’s gradual decline of foreign artist visas hailed from the Executive Order on “Buy American and Hire American,” which seeks “to rigorously enforce and administer the laws governing entry into the United States of workers from abroad” in order to “create higher wages and employment rates for workers in the United States, and to protect their economic interests.”11 To effectuate this new policy, on September 11, 2018, USCIS published a policy memorandum permitting denial of visa petitions that USCIS adjudicators deem to be “frivolous or meritless” without requesting more information.12 As a result of this policy objective, USCIS now has ostensibly unfettered power to issue denials without any requirement to explain their reasoning. While the purported goal is “not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements,”13 the consequences of this memorandum have undoubtedly given USCIS adjudicators the power to do just that. Despite the expansively discretionary nature of this memorandum, USCIS has provided no guidance or parameters for practitioners to effectively predict whether a slightly weaker petition could be considered “frivolous or meritless” by a biased adjudicator.

Of those petitions not initially considered “frivolous or meritless,” Requests for Evidence (“RFE”) (demands for additional supporting material for petitions), have increased exponentially.14 While adjudicators must apply the same law under the Immigration and Nationalization Act (“INA”), these RFEs have continuously misapplied the law, demanding additional evidence not required by the regulations.15 The massive influx of RFEs is a result of President Trump’s so-called “extreme vetting,” which direct “immediate implementation of additional heightened screening and vetting protocols and procedures for issuing visas.”16 Under this “extreme vetting” policy, USCIS thoroughly scrutinizes every piece of evidence submitted with an individual petition. It is now up to practitioners to essentially act on the defensive at the initial petition stage.

The unpredictability of the petition process is further exacerbated by the fact that USCIS may approve a petition in the United States, but when a foreign artist interviews at a U.S. Embassy or Consulate abroad, the State Department can deny issuance of a visa based on subjective issues it might find with the initial petition.17 This trend has become more pervasive, especially in consulates such as the U.S. Embassy in London.

Due to these new standards, the amount of time it takes an attorney to compile a petition has increased ten-fold. It is thus imtheBriefs January 2020 Vol. 88 No. 1

portant for the attorney to provide clients with not only realistic timeframes of attorney work time but also increased processing time at USCIS and the embassy abroad. Likewise, attorneys must take into account the extra work each petition requires in determining legal fees.

D. Conclusion As a consequence of some of these rigorous and unclear policies, several museums and art institutions have postponed or cancelled future exhibitions that require the presence foreign artists, curators, scholars, or speakers.18 The unpredictable nature of the current immigration law policy poses significant legal hurdles and monetary risks for those U.S.-based art organizations desiring to curate exhibitions of foreign artists. Attorneys must inform their clients – either the individual foreign artists or the employer art organizations – of these new standards in order to provide the client with a risk/benefit evaluation and a realistic expectation of success.

Emily T. Behzadi, Esq., is an associate attorney for Meehle and Jay, P.A. She currently serves as the chair of the ABA YLD Entertainment & Sports Industries Committee and is a member of the OCBA Immigration & International Law Committee. She has been a member of the OCBA since 2015.

Gabriella Angeleti, Trump’s Travel Ban: Artists And Museums Speak Out Against Third Iteration, The Art Newspaper, (April 26, 2018), https://www.theartnewspaper.com/ news/artists-and-museums-around-the-world-speak-out-against-third-iteration-oftrump-s-travel-ban (last visited Oct. 25, 2019).

2 Deborah Vankin, Oaxacan Muralists’ L.A. Works Give Voice To Indigenous Peoples — But The Artists Cannot Travel To The U.S. To View Them, Los Angeles Times (Aug. 29, 2018) https://www.latimes.com/entertainment/arts/la-et-cm-tlacolulokos-visarevoked-20180829-story.html (last visited Oct. 25, 2019).

3 8 CFR § 214.2(o)(3)(ii).

4 The statute specifically references the Academy Award, an Emmy, a Grammy, or a Director’s Guild Award, which are all inapplicable to the visual artsarts. 8 § CFR 214.2(o) (3)(iv)(A).

5 8 CFR § 214.2(o)(3)(iv)(B).

6 8 CFR § 214.2(o)(2)(i).

7 Id. 8 8 CFR § 214.2(o)(2)(ii)(C).

9 8 CFR § 214.2(o)(2)(ii)(D).

10 “Address Index for I-129 O and P Consultation Letters” (Aug. 19, 2019) https:// www.uscis.gov/working-united-states/address-index-i-129-o-and-p-consultation-letters (last visited Nov. 15, 2019).

11 Exec. Order No. 13788, 82 Fed. Reg. 18837 (April 21, 2017).

12 United States Citizenship and Immigration Services, “Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b),” (PM-602-0163)(July 13, 2018).

13 Id. at 2.

14 See Daniel Grant, How Trump’s Immigration Crackdown Is Targeting Artists, Observer (Sept. 13, 2018), https://observer.com/2018/09/o1b-o2-artist-visas-harder-under-trumpuscis-immigration-lawyers/ (last accessed Oct. 25, 2019).

15 See. e.g. Id. 16 Memorandum to the Secretary of State, the Attorney General, and the Secretary of Homeland Security on the implementation of Executive Order 13780, 82 Fed. Reg. 16279 (April 3, 2017).

17 9 FAM § 402.13-9(A).

18 See e.g. Brief of The Association of Art Museum Directors, The American Alliance of Museums, The Association of Academic Museums And Galleries, The College Art Association of America, and 112 Art Museums as Amici Curiae, Donald J. Trump, et al. v. State of Hawaii, et al., 585 U.S. (2018) (No. 17-965).

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Halloween Party at the Salvation Army

Brandon Sapp, Andrew Irvin, Amy Fundenberg, Madonna Snowden, Becky Hameroff, Jimmy Singh, C. Andrew Roy, Heather Meglino, Vaughn Glinton, Kenway Wong, Linnea Eberhart

Kenway Wong, Brandon Sapp

Pink Party at Park Social

Basket Brigade Event at Brass Tap

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Young Lawyers SectionNews YLS on the Move I made a resolution to floss, and I did it. 12:01, January first, BAM! Blood everywhere.

–Michael Scott

O

ur New Year’s resolutions are generally commitments to tasks we believe are good for us, but we have trouble wanting to do them or finding the time to do them. Eat healthier, exercise more, floss. Sometimes these tasks even hurt a bit. As the new Andrew P. Irvin, Esq. year begins, I want to encourage my fellow young lawyers to dig deep and find the time to participate more in the Young Lawyers Section. It is still not too late to join a committee to assist in planning our future events. I have found this is the best way to create relationships with other young lawyers and grow your network within the organization. Also, maybe it is time you ran for a board seat. We call them “seats,” but you won’t do much sitting. Our section is active, and holding a board position is a large commitment of time and energy.

However, it is an extremely rewarding experience and worth the time investment. The nomination deadline for a board member position is January 15. The submission must be emailed to the OCBA executive director, Jenny Brown, at JennyB@ocbanet.org.

Looking back on our final events of the year, our last monthly luncheon of 2019 was unique and entertaining. Titled “This Is Us,” the luncheon featured YLS members who rotated on panels to discuss their current careers, their various paths to becoming a lawyer, and to debate whether cereal can be classified as soup. Our next luncheon will be on January 24 at the Citrus Club and will feature Dr. Gio Valiante as our speaker. Dr. Valiante is a performance coach for professional golfers and the Buffalo Bills as well as a professor at Rollins College.

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On November 19, we held our annual Basket Brigade at Brass Tap. Through a happy hour, we collected baskets of Thanksgiving food to give to Central Florida families in need. The baskets were distributed the Saturday before Thanksgiving. Thank you to Madonna Snowden, Becky Hameroff, and Vaughn Glinton for organizing another great community service event!

Our Holiday Reception and Toy Drive was held at The Alfond Inn in Winter Park on December 4. We celebrated the end of the year in style while working towards a great cause. Through sponsorships and toy donations from attendees, we were able to provide a new toy to every student at Washington Shores Elementary!

Special thanks to Jill Davis and Elizabeth Henin for organizing this great event. It was a fantastic way to end 2019!

Stay tuned for these upcoming YLS events: Jan. 18 – Putt-Putt Tournament Jan. 24 – YLS Luncheon at the Citrus Club, Dr. Gio Valiante Jan. 31– Joint CLE with Federal Bar Association, “Best Practices for the Occasional Federal Practitioner” Feb. 21 – Joint Luncheon with GOAABA at the Citrus Club, “Pathways to the Bench” (Judges Denise Kim Beamer, Vincent Chiu, and Jeanette Dejuras Bigney) Feb. 26 – YLS Evening with the Judiciary at Orlando Museum of Art And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Andrew P. Irvin, Esq., of Irvin & Irvin PLLC, pursues injury and property damage claims for people who have been involved in car crashes. He has been a member of the OCBA since 2013.

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Voluntary BarNews continued from page 23

tion at the offices of Shutts & Bowen LLP. Then, on December 13, members presented a CLE titled “What is a Qui Tam? How the False Claims Act Impacts your Practice.”

The event featured assistant U.S. attorney Katherine Ho, Ryon McCabe, and Jeffrey Bromme, executive vice president/chief legal officer of Adventist Health System.

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.

ParalegalPost

continued from page 14

NEED TO PASS? TM

Do you have a case that falls outside your practice area?

Use the OCBA’s Lawyer Referral

The lawyer’s story had an undesirable outcome. Now I question whether the outcome would have been better if someone had been willing to address the attorney and perhaps refer them to the completely confidential Florida Lawyer Assistance Program3. In sharing details of a personal story, I hoped the audience would see my own passion for bringing awareness and healing to the reality that these issues plague our profession.

Substance and alcohol abuse have a farreaching impact on the legal community.

Fully acknowledging this has become a personal matter for me. I encourage every legal professional to learn more and to adopt a personal plan of action for how you should address an attorney, law student, or judge who exhibits evidence of alcohol or substance abuse. Such a plan should include a suggestion to immediately seek treatment.

We cannot afford to be silent.

The Honorable Faye Allen, Ninth Judicial Circuit Court, has handled assignments in the criminal and civil divisions of county court and has been a member of the OCBA since 2003.

The Paralegal Section thanks Judge Allen for this submission.

& Information Service

Add the LRIS number to your playbook:

407-422-4537

1 https://www.americanbar.org/groups/lawyer_assistance/ research/colap_hazelden_lawyer_study/.

2 Id. 3 www.fla-lap.org

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 28

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OCBA MemberNews Hearsay I hope that in this year to come, you make mistakes. Because if you are making mistakes, then you are making new things, trying new things, learning, living, pushing yourself, changing yourself, changing your world. You’re doing things you’ve never done before, and more importantly, you’re doing something.

–Neil Gaiman

H

appy New Year, OCBA! This Linnea M. Eberhart, Esq. month’s issue of The Briefs officially serves as the oneyear anniversary of my time as your “Hearsay” columnist – and what a year it’s been! The start of each new year always seems to bring with it a period of introspection; it is a time when we not only reflect on the past year’s events but also look forward to the year to come. A natural part of this process sometimes is reflecting on past regrets and making resolutions to “do better.” This year, though, I want to encourage you to try and reframe that narrative from doing “better” to doing something new or different. All too often, especially in our profession, we judge ourselves too harshly, or we avoid new opportunities out of a fear of failure. Let 2020 be the year where you put those fears aside and take on the challenge of something new – you may just wind up joining the ranks of these OCBA members who finished 2019 off with a bang!

Honors and Awards

Hugo de Beaubien, Esq., of DSK Law, received the Stetson Lawyers Alumni Association’s Outstanding Alumni Representative Award.

Community Involvement

Edward Beshara, Esq., of Beshara P.A. Global Migration Law Firm, recently had several speaking engagements, including speaking on a panel titled “Doing Business with Australia and Japan”

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with the Orlando Regional Realtor Association; serving as the discussion leader on a panel titled “Last Chance to File Your EB-5 Petition at $500,000” organized by the Central Florida Brazilian American Chamber; sponsoring and presenting to the Asian Real Estate Association at the 2019 Florida Realtors Convention; and attending a round table discussion with Orange County Sheriff John Mina on anti-sanctuary city law, U-visa certifications, and issues of unlawful practice of law by immigration consultants.

On the Move

Dean Cannon, Esq., of GrayRobinson, P.A., has assumed the position as president and chief executive officer of GrayRobinson.

Vaughn Glinton, Jr., Esq., has joined Rumberger, Kirk & Caldwell, practicing in the areas of employment and professional liability.

Amy C. Maitner, Esq., has joined Winderweedle, Haines, Ward & Woodman, practicing in the areas of real estate and concentrating on commercial lending, real estate transactions, and land use and development.

Jonathan A. Stimler, Esq., has joined Foley & Lardner LLP, in the business litigation and dispute resolution practice group.

I look forward to another year of sharing your news, accomplishments, and announcements! Remember, “Hearsay” is for you!

Have you been promoted? Did you join a new firm? Have you been appointed to a community organization or professional board, or been recognized for a significant accomplishment? Do you know of a member who has passed away? If so, please share your news with me at leberhart@losey.law. I look forward to hearing from you!

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, practicing in the areas of intellectual property, employment law, and commercial litigation. She has been a member of the OCBA since 2015.

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PhotoOps PCPBA Judicial Investiture

LRIS Committee The Lawyer Referral & Information Service Committee hosted its annual LRIS Appreciation Luncheon and CLE to thank the attorneys who serve on the LRIS panel. The event was held on October 22 at the OCBA. Attorneys Bill Umansky and Lisa Gong Guerrero presented a seminar on updates to technology and social media marketing for attorneys. The event was sponsored by Milestone Reporting. Thank you to the LRIS Committee and committee chair, Deborah Cook, for planning this successful seminar and luncheon.

Jared Brooks, Debbie Brown, Roger Johnson, The Hon. Embry Kidd, Ashley Wright, Ronalda Stevens-Rogers, Courtney Richardson-Jones

Modest Means Program Receives ABA Award

Bill Umansky, Lisa Gong Guerrero

The OCBA was honored to receive the American Bar Association’s 2019 Cindy A. Raisch Award for demonstrating superior effort in revising or restructuring an existing Modest Means Program. Since 1996, the Cindy A. Raisch Award has recognized the enhancement of public service-oriented lawyer referral and information programs that provide access to justice for moderate income consumers across the country.

The OCBA’s Modest Means Program is now available for family, criminal, tenant, residential foreclosure, estate planning, and bankruptcy matters. The program continues to expand and plans to offer assistance for immigration matters. Currently twenty-eight OCBA attorneys accept these referrals, and 1,143 clients have been referred to the new program. A Modest Means Program client reported the following on a recent customer service survey: The attorney gave me valuable information. His consultation was key. It helped guide me in making an informed decision. I thank the attorney and the bar association for being a valuable resource. It’s nice to see someone is trying to help those who cannot afford a lawyer and level the playing field a bit. Thank you.

Thank you to the Lawyer Referral & Information Service Committee and Candice Maull, public service programs manager, for their hard work restructuring this program, to the Executive Council for its support, and to the panel attorneys who have participated with the Modest Means Program.

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Ne w M e mbe rs Attorneys

Savannah Downs CLIFTON George COMPTON-CRAIG David William DAVICH David J. D’AGATA Hannah DIAZ Stacey M. FELTER Stephen A. FLEMING Joshua Reynolds GRIMM Amaris C. GYEBI Amy C. MAITNER Kaylin E. MARTINELLI Taylor S. MAY Cierra S. NEWMAN Janice Vibber NISBETT

Christopher J. PERINI Porsha PORTER Kristin N. ROYAL Kara J. SCOTT Jerry L. SESSIONS II Jessica SIRIANNI Michael A. TESSITORE Isaac TILTON Alexandra N. TOSADO Brooklyn J. TRAHAN Lee Russell VAN HORN Gary M. WHEELER, Jr.

Judiciary

Hon. Vincent S. CHIU

Affiliates

Sade T. GRAY Mala ILEY Kaley MOUNTS Joshua C. ROBINSON Patricia M. SADAKA

Law Students

Kevin S. GRADY Marc LoCASCIO Nicole M. PERDOMO Dylan W. PREBLE Bianca L. THOMAS Bryce J. UY Joyce Lucia ZABALA

Paralegal Students

Amanda BROCHU Reneta A. BUTLER Fernanda CERVI William J. COFFEY Shannon P. DAVIDSON Suzanne A. MIX Carolyn K. PARISH Mercedes M. RANDALL Lisandra RODRIGUEZ

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 Aust Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Beshara, P.A. 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. Flammia Elder Law Firm Forward Law Firm P.A. Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Green Family Law, P.A. 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

PAGE 32 www.orangecountybar.org

Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Perez LaSure, LLC Rebecca L. Palmer 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. Southern Trial Counsel Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Marks Law Firm, P.A. 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.

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Events Jan. 30 – OCBA’s Got Talent. 6:00 p.m.-11:00 p.m. The Abbey, 100 S. Eola Dr., Orlando, FL 32801. Details to come.

Feb. 20 – OCBA Diversity & Inclusion Committee Event.

The Defamation Experience. 5:30 p.m.-9:00 p.m. UCF Downtown, 528 W. Livingston St., Orlando, FL 32801. See a riveting courtroom drama that highlights our common perceptions of race, class, religion, gender, and the law. Discussion of these pressing social issues and networking will follow. The play is presented by: The Defamation Production Cast. CLE: pending. Fee: Free. RSVP through the OCBA Store. Event preview: https://youtu.be/ODmrhFggVh0.

Feb. 29 – OCBA Law Day 5K. Details to come.

Seminars Jan. 7 – LAS Lunchtime Training. Tax Season Can Be a Great Season. 12:00 p.m.1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speakers: Laura Gutierrez Esq.; Jane Callahan, Esq. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Jan. 8 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center.

Speaker: John Bussey, Esq. Register by Jan. 7 through the OCBA Store.

Jan. 8 – Business Law Committee. Florida Sales & Use Tax – What Every Lawyer Should Know. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: David J. Brennan, Jr., Esq., LLM. CLE: 1.0 general (pending). Fee: Free (OCBA members); $20 (nonmembers). Register by Jan. 6 through the OCBA Store.

Jan. 10 – Labor & Employment Committee. 12:00 p.m.-1:00 p.m. OCBA Center. Details to come.

Jan. 13 – Estate, Guardianship & Trust. Cyber Security Training. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Keith Coker.

CLE: 1.0 general (pending). Free (OCBA members); $20 (nonmembers). Register by Jan. 10 through the OCBA Store.

Jan. 13 – Tanya and Bob Present... You Make the Call, The Dos and Don’ts of Closing Argument. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. Free. CLE: pending. RSVPs are requested. Contact: Lynn Harasti at ctjalh1@ocnjcc.org.

Jan. 16 – Intellectual Property Committee. 12:00 p.m.-1:00 p.m. OCBA Center. Details to come.

Jan. 17 – Family Law Committee Meeting. Meet the Hon. Jeffrey Ashton. 12:00 p.m.-1:00 p.m. Speaker: Hon. Jeffrey Ashton. CLE: 1.0 general (pending). Fee: Free (OCBA members);

$20 (nonmembers). Sponsored by: K. Mitchell Team; HealthMarkets Insurance Agency. Register by Jan. 15 through the OCBA Store.

Jan. 21 – LAS Lunchtime Training. Mind the GAP! The New Guardianship Assistance Program. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speakers: Doris Mackey; Ellen Taylor. CLE: pending.

Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Jan. 24 – Appellate Practice Committee. Appeals: A View from the Trial Bench. 2:00 p.m.-4:00 p.m. OCBA Center. Panelists: Hon. Tom Young; Hon. Kevin Weiss; Hon. Thomas Sculco.

Moderator: Eric Netcher, Esq. CLE: pending. Register by Jan. 22 through the OCBA Store.

Jan. 28 – Tax Law Committee. Tax Topics. 12:00 p.m.-1:00 p.m. OCBA Center. Details to come.

Feb. 4 – LAS Lunchtime Training. GAL Training: Educating Educators about Dependent Child Needs. 12:00 p.m.-1:30 p.m.

Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speakers: Leah Dual, Esq.; Carsandra Buie, Esq.; Barbara Glass, Esq. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Feb. 6 – Solo & Small Firm Committee. 12:00 p.m.-1:00 p.m.

OCBA Center. Details to come.

Feb. 7 – Estate, Guardianship & Trust Committee. 9:00 a.m.-5:00 p.m. OCBA Center. Details to come.

Feb. 14 – Labor & Employment Committee. 12:00 p.m.-1:00 p.m. OCBA Center. Details to come.

Feb. 18 – LAS Lunchtime Training. We are Family: Temporary Custody of Minors by Relatives, Chapter 751. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speakers: Bethanie Barber, Esq.; William Davis, Esq.; Jessylin Wiederhold, Esq. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Feb. 20 – Elder Law Committee. 12:00 p.m.-5:00 p.m. OCBA Center. Details to come.

Feb. 21 – Family Law Committee. 7:00 a.m.-1:20 p.m. OCBA Center. Details to come.

Feb. 25 – Criminal Law Committee. 9:00 a.m.-5:00 p.m.

OCBA Center. Details to come.

Events & Seminars

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CLASSIFIED ADS EMPLOYMENT SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office.

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

FAST-PACED INSURANCE DEFENSE FIRM located in Maitland, Florida is searching for a Legal Assistant. The firm handles first party property/liability coverage issues.

Insurance defense and strong litigation experience preferred. Please send all inquiries to jmccallister@ rocklawpa.com.

PLAINTIFF’S LITIGATION ATTORNEY SOUGHT for well-established personal injury law firm based in Orlando. Must have a minimum of 1-year litigation experience. Most cases are motor vehicle accidents or premises liability injury claims. Position requires routine travel within Central Florida to meet clients and attend scheduled court events.

Competitive base salary with incen-

tives for growth and benefits. Please forward a resume with qualifications in confidence to erodriguez@ pardyrodriguezlaw.com.

SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact kristy@kellyjuris.com.

BILINGUAL (SPANISH AND ENGLISH) ATTORNEY SOUGHT for well-established personal injury law firm based in Orlando. Specific tasks include meeting clients, working on pre-suit investigation, resolving insurance issues, preparing correspondence, attending insurance examinations, attending depositions, and assisting in litigation (this is mostly a pre-suit position to start).

Periodic driving required within Central Florida. Compensation based on experience and results.

Benefits provided after trial period.

Please forward a resume with qualifications in confidence to erodriguez@pardyrodriguezlaw.com.

DOWNTOWN WINTER PARK – 157 E. New England. Private entrance, signage and windows. 2 large and 1 small office, as well as conference room accessibility. $2,000. mo. plus tax – 407-760-5330.

OFFICE SPACE/SALE/ RENT/LEASE/SHARE OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites.

Parking included. Call or email: John at 407-425-2907; jkk@keatlaw.com.

SHARED LAW OFFICE SPACE AVAILABLE – SOUTH SEMINOLE COUNTY IN ESTABLISHED LAW FIRM. Up to 8 furnished offices in exclusive location with plenty of parking included, common reception, kitchen, and other amenities.

Contact seminole19office@yahoo. com.

FURNISHED OFFICE SPACE AVAILABLE. Great Winter Park Location. Full Service. Call Lorna (407) 377-6399.

LARGE OFFICE SPACE AVAILABLE. Newly renovated, impressive, large office with great views on the 18th floor of 390 North Orange Avenue building (formerly the Bank of America Building), across from the courthouse in downtown Orlando. Includes conference room

and kitchen use. As low as $900/mo.

Receptionist available as additional option. Contact Amy at ASaunders@LongwellLawyers.com or call 407-426-5757.

ONE OFFICE FOR SOLO PRACTIONER. 515. N. Fern Creek. Common reception and kitchen, plenty of parking. Month to month or lease. Jim Sears 407-222-1554 jsearslaw@gmail.com.

OFFICE AND CONFERENCE ROOM – $700/month includes electric. Call: 407-921-1723.

FOR SALE FOR SALE – Elegant carved conference table with 8 upholstered chairs, protective glass top and extension leaf from Saxon Clark, $3000.00/Measures 8’ 4” x 4’ Photo available, contact: juliepappas@ hotmail.com FOR SALE – Closing office. Quality furniture available: Dyrlund executive desk, 8-foot conference room table with 12 chairs and more. Call 407-841-8181.

Order Your Orange County Courthouse Access Card Today New 2020 – 2021 Card

Need to renew an existing card? Download an application from our website, send it in and we will use your existing photo. No need to come by – we will mail you your new card.

First time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card. www.orangecountybar.org/cac Please contact Carolyn at 407-422-4551, ext. 245, or carolync@ocbanet.org.

JANE Q. PUBLIC Attorney

Issued: 11/01/2019 Expires: 12/31/2021

N BAR ASSOCIATIO ORANGE COUNTYE ACCESS CARD COURTHOUS

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2021 $80 • Purchasing card is optional for courthouse entry • OCBA membership is not required PAGE 34

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theBriefs January 2020 Vol. 88 No. 1

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O C JANUARY B A -CFEBRUARY a l e n2020d a r

JANUARY

1 7 LAS Lunchtime Training

New Year’s Day OCBA Center Closed

Tax Season Can Be a Great Season 12:00 p.m. • Bay Equity, Lucerne Plaza

8

Member Perks John Bussey, Esq 8:00 a.m. • OCBA Center Business Law Committee Seminar Florida Sales & Use Tax – What Every Lawyer Should Know 12:00 p.m. • OCBA Center

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

9

Social Security Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center

10

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

13

Estate, Guardianship & Trust Committee Seminar Cyber Security Training 12:00 p.m. • OCBA Center Tanya and Bob Present …

You Make the Call, The Dos and Don’ts of Closing Argument 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room OCBA 5K Committee Meeting 12:00 p.m. • OCBA Center Technology Committee Meeting 12:00 p.m. • OCBA Center

14

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15

Appellate Practice Committee Meeting 12:00 p.m. • Lowndes Law Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

16

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

17

Family Law Committee Seminar Meet the Hon. Jeffrey Ashton 12:00 p.m. • OCBA Center

20

Martin Luther King, Jr. Day OCBA Center Closed

21

LAS Lunchtime Training Mind the GAP! The New Guardianship Assistance Program 12:00 p.m. • Bay Equity, Lucerne Plaza Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center

23

OCBA Luncheon 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando

24

Appellate Practice Committee Seminar Appeals: A View from the Trial Bench 2:00 p.m. • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club

28

Social Committee Meeting 12:00 p.m. • OCBA Center Tax Law Committee Seminar Tax Topics 12:00 p.m. • OCBA Center

30 Law 31 Bankruptcy

Committee Meeting OCBA’s Got Talent 6:00 p.m. • The Abbey

FEBRUARY

18

LAS Lunchtime Training GAL Training: Educating Educators about Dependent Child Needs 12:00 p.m. • Bay Equity, Lucerne Plaza

4

LAS Lunchtime Training We are Family: Temporary Custody of Minors by Relatives, Chapter 751 12:00 p.m. • Bay Equity, Lucerne Plaza

OCBA 5K Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center Real Property Committee Meeting 12:00 p.m. • OCBA Center

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

Business Law 5 Committee Meeting

12:00 p.m. • OCBA Center

Solo & Small Firm 6 Committee Seminar

12:00 p.m. • OCBA Center

Estate, Guardianship 7 & Trust Committee Seminar 9:00 a.m. • OCBA Center

Guardianship 1 1 Estate, & Trust Committee

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

Literary 1 2 Lawyers Society Meeting

12:00 p.m. • OCBA Center

13

Social Security Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center

& Employment 1 4 Labor Committee Seminar

12:00 p.m. • OCBA Center

19

Appellate Practice Committee Meeting 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

20

Elder Law Committee Seminar 12:00 p.m. • OCBA Center Diversity & Inclusion Committee Event The Defamation Experience 5:30 p.m. • UCF Downtown

21

Family Law Committee Seminar 7:00 a.m. • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club

25

Criminal Law Committee Seminar 9:00 a.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center

27

OCBA Luncheon 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando

28

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

29

OCBA Law Day 5K TBD

12:00 p.m. • OCBA Center

www.orangecountybar.org

theBriefs January 2020 Vol. 88 No. 1

880 North Orange Avenue Orlando, Florida 32801

PRSRT STD U.S. POSTAGE PAID MID-FL FL PERMIT NO. 581