The Orange County Bar Association - The Briefs - January 2021

A Publication of the Orange County

Inside this Issue: President’s Message A New Year, a New Hope LaShawnda K. Jackson, Esq.

January 2021 Vol. 89 No. 1

Chief’s Column Farewell to 2020!

The Honorable Donald A. Myers, Jr.

Bar Association

Family Law Committee Bruce v. Bruce: Filling the Gap of “Roommate or Romantic Partner?” and More Christine J. Lomas, Esq. Guest Column Trial Lawyers The Honorable Thomas B. Smith

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Contents 3

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President’s Message A New Year, a New Hope LaShawnda K. Jackson, Esq.

Editor Robyn M. Kramer

Legal Aid Society News Hand Gel May Have Been in Short Supply, But Goodwill Was Not Bethanie A. Barber, Esq.

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Clerk’s Corner Making More Remote Options Available The Honorable Tiffany Moore Russell

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OCBA January Luncheon A Conversation with Justice Jamie Grosshans

Associate Editors Karen L. Middlekauff & John M. Hunt Hearsay Columnist Linnea M. Eberhart

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Legal Aid Society Teaching Tips This New Year, You Can Help Bring Resolution to a Child in Need Leah B. Dual, Esq.

YLS on the Move Kimberlee A. Martin SideBar Alena V. Baker

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Professionalism Committee Meddling in the Minutia of Metadata Lisa Ann Thomas, Esq.

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Chief’s Column Farewell to 2020!

The Honorable Donald A. Myers, Jr.

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Intellectual Property Law Committee Patent Ownership Disputes – Governed by State Law Matthew E. Moats, Esq.

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w OFFICERS LaShawnda K. Jackson, President Eric C. Reed, President-elect Karen L. Persis, Treasurer Amber N. Davis, Secretary

Young Lawyers Section News YLS on the Move Kimberlee A. Martin, Esq.

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Paralegal Post Paralegaling Through a Pandemic Shannon E. Hager, FRP

w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Jennifer Smith Thomas Jessica A. Travis William D. Umansky M. Ryan Williams Anthony F. Sos, Ex-officio Brandon M. Sapp, YLS President

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New Members

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Voluntary Bar News SideBar Alena V. Baker, Esq.

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OCBA Member News Hearsay Linnea M. Eberhart, Esq.

Guest Column Trial Lawyers The Honorable Thomas B. Smith

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16th Annual OCBA Trivia Competition

OCBA 2020 Bench Bar Conference

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Family Law Committee Bruce v. Bruce: Filling the Gap of “Roommate or Romantic Partner?” and More Christine J. Lomas, Esq.

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull

Classifieds

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Calendar

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

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution 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 ©2021 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

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President’sMessage

January 2021

A New Year, a New Hope

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s we welcome 2021 and say good riddance to the past year, I wanted to wish each and every one of you a Happy New Year! Whether it is January 1st or some other date, many countries and cultures around the world celebrate the new year with festivities. These festivities may include elaborate displays of fireworks, midnight champagne toasts, baking special cakes with a coin inside, throwing “forgetLaShawnda K. Jackson, Esq. the-year parties,” or simply eating donuts for good luck. Although we may celebrate the new year differently across the world, these festivities are a source of joy and happiness for all. They give us a chance to be thankful for having made it through another 366 days. We welcome a new year and bid farewell to the old one. This festive time reminds us of the importance of family, friends, and colleagues. On behalf of the OCBA, I wanted to take a moment to let you all know how important you are to this organization. From bar staff to the Executive Council, from the committee chairs to each OCBA member, we salute you and all you do on behalf of the OCBA. As we start 2021 with a newfound hope for a better year, let us be thankful that we made it through the past year. Let us forget our past mistakes and failures. Let us start this year with a new determination and a new appreciation for life and all those good fortunes and times that await us. Some of you may be wondering what awaits the OCBA in the new year. While things may look different, we strive to continue bringing you the great programming to which you have become accustomed.

We are pleased to welcome the legendary mediator Donna Doyle of Mediate First at the OCBA Member Perks event on January 6, 2021. We will also continue with our longstanding tradition of OCBA “luncheons,” albeit at times in a different format.

On January 21, 2021, we will have “A Conversation with Justice Jamie Grosshans” as we recognize her recent appointment to the Florida Supreme Court. On February 24, 2021, we will co-host our annual Black History Month luncheon with the Paul C. Perkins Bar Association (“PCPBA”). Our guest speaker will be CK Hoffler, president of the National Bar Association, the nation’s oldest and largest national network of predominantly African American attorneys and judges. If you have never heard Ms. Hoffler speak, you are in for a real treat. Many thanks to PCPBA president Jared Brooks for his help with this collaboration. Be on the lookout in the OCBA weekly emails for details about formatting and time for these luncheons.

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We are proud to partner with The Florida Bar Diversity & Inclusion Committee’s Pathway to Unity campaign, a traveling Florida legal history project that will tell the story of The Florida Bar’s journey from its segregated past to the rich, multicultural organization that it is today. The committee selected Orange County as the first stop of the campaign, which will feature James Weldon Johnson (1871-1938), the first Black lawyer admitted to The Florida Bar by examination. The portrait of Mr. Johnson will be unveiled during The Florida Bar Annual Meeting in June, along with the portraits of other pioneering Florida lawyers. We will kick off the Pathway to Unity campaign in March 2021 by collaborating with the Boys & Girls Clubs of Central Florida to provide this valuable legal history to local students. If you are interested in participating in the program, please contact OCBA Diversity & Inclusion Committee co-chair Jill Davis.

Due to the unknowns we still face in this upcoming year, two of our signature events will be postponed until later in the bar year. Chairs Ani Rodriguez-Newbern and Michael Andriano are busy planning the OCBA Law Day 5K, which is tentatively scheduled for April 24, 2021, from 7:00 a.m. to noon at Lake Baldwin. As in the past, this will be our signature event to raise money for the Legal Aid Society of the Orange County Bar Association, Inc., and the Orange County Bar Association Foundation, Inc. The terrific tri-chair trio (try saying that three times) of Keshara Cowans, Alisia “Woohoo” Adamson Profit, and Stephanie Alcalde are preparing to bring you the 2021 OCBA Gala on May 22, 2021. They promise a lot of fun and excitement as we close out the 2020-2021 bar year. We will not be holding our monthly luncheon in May as the gala will combine the swearing in ceremony for the new OCBA Executive Council.

As you can see, there are many exciting things happening at the OCBA in this new year. As we look forward to a new year and new hope, I wanted to leave you with the following two quotes: Hope smiles from the threshold of the year to come, whispering ‘it will be happier.’

– Alfred Lord Tennyson Each year’s regrets are envelopes in which messages of hope are found for the new year.

– John R. Dallas, Jr. See you soon!

LaShawnda K. Jackson, Esq., is a partner at RumbergerKirk, practicing in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.

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Clerk’sCorner Making More Remote Options Available

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s we move away from a very unprecedented year and turn towards a new start in 2021, if nothing else, last year forced us to make some positive shifts to streamline the services we provide.

One of the many changes we have made at the Clerk’s office to reduce face-to-face contact was the implementation of two newer online options.

First, we established the online registry payment feature. Registry payments can now be made via wire transfer through your banking or financial institution. While there is a $5 processing fee when you pay online, this additional tool provides plenty of convenience. You can now also use this feature to make a foreclosure registry payment.

You can initiate this process by visiting the Clerk’s website at www. myorangeclerk.com. Please note that a registry fee of three percent of the first $500, plus 1.5 percent of the remaining balance is required and must be included for all registry payments.

For your convenience, we have also included an online tool that will calculate the total, including the registry fees. The fillable form required to initiate the wire transfer is also available on the site and must be submitted to your banking or financial institution.

Second, we launched an online payment feature for both mediation services and the court-ordered Family Ties program for Orange County family cases in the Ninth Judicial Circuit. Previously, customers were required to make payments in person in the family services division lobby and coordinate scheduling with the dispute resolution – mediation services office.

The new tool now allows customers to complete payments online from anywhere using a smart device instead of having to appear in person to complete their transactions. The Clerk’s office is now set up to seamlessly update family court cases once the customer receives their digital email receipt.

I hope you find these two new online services convenient and comforting during these days of living in a more virtual world.

For additional information and instructions about both initiatives, please visit our website at www.myorangeclerk.com and go to the civil and family pages for details.

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

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OCBA LuncheonThursday, January 21, 2021

A Conversation with Justice Jamie Grosshans

Featured Speaker: Hon. Jamie R. Grosshans

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Florida Supreme Court

ustice Jamie R. Grosshans was appointed to the Florida Supreme Court on September 14, 2020. Previously, she was appointed to the Fifth District Court of Appeal in 2018 by Governor Rick Scott. Prior to her appointment to the appellate court, she served as an Orange County Court Judge in the Ninth Judicial Circuit of Florida where she presided over criminal and civil matters.

Justice Grosshans graduated cum laude from the University of Mississippi School of Law. During law school, she clerked for the Civil Rights Division of the Department of Justice in Washington, D.C., and the United States Attorney’s Office for the Northern District of Mississippi. Following admittance to the Florida Bar, she served as an Assistant State Attorney for Orange County, Florida, in both the

Moderator: Hon. Dan Traver

Florida Fifth District Court of Appeal misdemeanor and felony divisions where she tried numerous criminal jury trials.

Justice Grosshans later entered private practice and founded her own law firm where she focused on family law and criminal defense matters for nearly ten years. In her family law practice, Justice Grosshans represented individuals in dissolution of marriage, child support and paternity matters, modifications, adoptions and other domestic issues.

She also served as a Guardian ad Litem in domestic cases and dependency court. In her criminal defense practice, she represented individuals charged with misdemeanors and felonies as well as juvenile delinquency, violation of probation and injunction matters.

This event is subject to becoming a virtual event, or being postponed or canceled depending on developments with COVID-19.

Embassy Suites by Hilton Downtown Orlando Thursday, January 21, 2021

Title Sponsor:

11:30 a.m. – 1:00 p.m.

191 E. Pine St., Orlando, FL 32801 Please RSVP by Monday, January 18, 2021 RSVPs will not be accepted after January 19, 2021 www.orangecountybar.org/store Cancellations must be received no later than January 19, 2021 To cancel, contact Stephanie Sadi at stephanies@ocbanet.org

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ProfessionalismCommittee Meddling in the Minutia of Metadata

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n an age when hearings and trials are held via online hosting platforms, pro se litigants, attorneys, and judges became technology experts nearly overnight. Parties engage new vehicles to share files and produce discovery responses. We all experience challenges with these databases, but there are ethical considerations as well.

When engaging in electronic disLisa Ann Thomas, Esq. covery or “e-discovery,” lawyers must consider the ethical implications of each disclosure. For example, the Rules Regulating The Florida Bar direct that lawyers must maintain confidentiality. R. Regulating Fla. Bar 4-1.6. The crux of the discovery process, however, is to disclose documents and things. Yet, when producing documents, lawyers and those staff members whom the lawyers supervise must take special care to obtain the informed consent of the client to reveal the information and limit disclosures to “no more information than is required to meet the requirements or accomplish the purpose of [the Rules Regulating The Florida Bar].” R. Regulating Fla. Bar 4-1.6(a)-(f ).

The supervising attorney is also responsible for any violation committed by a nonlawyer, such as a paralegal or legal assistant. See R. Regulating Fla. Bar 4-5.3(b)(3). For example, if a lawyer or her staff member “sanitizes” a document by removing the metadata prior to disclosing a document and without preserving such information, the lawyer could be in violation of the Rules if such information is a relevant part of the disclosure. Don’t meddle with the metadata. Conversely, a lawyer who produces documents containing metadata could inadvertently disclose confidential information concerning the document’s author that should have been kept confidential or privileged. See The Florida Bar Ethics Op. 06-2.

The Rules Regulating The Florida Bar further direct that lawyers “must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” R. Regulating Fla. Bar 4-1.6(e).

A federal court in Virginia examined one such inadvertent disclosure that resulted in sanctions against the defense counsel.

See Memorandum Order, Harleysville Ins. Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va.). An investigator for the insurance company uploaded a surveillance video to a file-sharing site and sent the link by electronic mail to a third party at the National Insurance Crime Bureau (“NICB”). (Dkt. 68, pg. 2.)

The investigator later used the same link to share the claim file with the carrier’s counsel. (Dkt. 68, pg. 3.) Counsel for Holding Funeral Home, Inc. sent a subpoena to the NICB for copies of

its communications with the carrier. (Dkt. 68, pg. 3.) The NICB produced the email from the investigator that contained the link to the carrier’s file. (Dkt. 68, pg. 3.) Counsel for Holding Funeral Home reviewed the claim file but did not notify the carrier’s counsel regarding the receipt of potentially privileged information. (Dkt. 68, pg. 3.)

The magistrate judge found that the disclosure of the claim file was inadvertent. (Dkt. 68, pg. 7.) However, using the five-factor test outlined in Walton v. Mid-Atlantic Spine Specialists, P.C., 694 S.E. 2d 545, 552 (Va. 2020), the magistrate judge ultimately found that the carrier waived the attorney-client privilege under Virginia law. (Dkt. 68, pg. 7-9.) The magistrate judge also found that the carrier waived the work-product privilege under federal law. (Dkt. 68, pg. 12-13.) Despite the waiver, the Virginia Rules of Professional Conduct require lawyers to notify the opposing party when they obtain discovery that is subject to privilege. (Dkt. 68, pg. 13.) As a result of defense counsel’s failure to notify the carrier’s counsel regarding the receipt of potentially privileged information, the magistrate judge sanctioned the defense counsel in the form of payment of costs for bringing the motion. (Dkt. 68, pg. 17.)

Not surprisingly, the carrier objected to the magistrate judge’s order and sought review by the trial judge. See Harleysville Ins. Co. v.

Holding Funeral Home, Inc., 2017 WL 4368617 (W.D. Va. 2017).

The judge agreed that the disclosure was inadvertent. Id. at 6. However, the court sustained the carrier’s objections and found that the attorney-client privilege was not waived. Id. at 8. The court further sustained the carrier’s objections with regard to work product and found that the privilege had not been waived. Id. at 10.

The Rules Regulating The Florida Bar employ a similar obligation to notify an adverse party regarding the receipt of inadvertent, privileged disclosures. When a lawyer reasonably suspects that they have received documents that may be subject to a privilege, the lawyer has an ethical obligation to notify opposing counsel.

See R. Regulating Fla. Bar 4-4.4(b). The comments to the Rule suggest that return of the document may not be required depending on “whether the privileged status of a document or electronically stored information has been waived.” (Emphasis added).

As the Florida Rules are similar in construction to the Virginia Rules, err on the side of caution. Preserve rather than destroy.

Notify an adverse party regarding a suspected production of privileged information. Check twice before clicking “Send.”

Lisa Ann Thomas, Esq., an associate attorney in the Orlando office of Cole, Scott & Kissane, P.A., focuses her practice on workers’ compensation defense. She received her juris doctor from Florida A&M University and is licensed to practice in all Florida courts, including Florida federal courts.

She currently serves as chair of the OCBA Professionalism Committee and has been a member of the OCBA since 2013.

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Nominations Now Open for Leadership Positions The following elected leadership positions are open for nominations:

OCBA Executive Council (One-year term for each position: June 1, 2021, through May 31, 2022.)

• Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2021, through May 31, 2024.)

• Three (3) Executive Council Seats Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2021, through May 31, 2024.)

• Two (2) Trustee Seats Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2021, through May 31, 2023.)

• Five (5) Board Member Seats Important Deadlines Nomination Period: Open now through Friday, January 15, 2021 Election Period: February 15, 2021 - February 26, 2021 Board Appointments / Officer Installations: May 2021

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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/ President-Elect, 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. To make sure you receive your election ballot, log in to your member account on the OCBA website to check that your email address is correct, no later than December 31, 2020.

7. If you need to update your email address and do not know your username, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-4224551, Ext. 245, for assistance. If you need to reset your password, please follow the password reset instructions.

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Chief’sColumn Farewell to 2020!

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nder normal circumstances, I would never wish away time. Longing for some moment in the future brings you no closer to what you desire and only robs you of the present. However, 2020 proved itself, time and again, to be anything but normal. Never have I longed for the start of a new year as I have for the start of 2021. And, here we finally are! I wish you all a Happy The Honorable New Year and bid 2020 a fond farewell.

Donald A. Myers, Jr. I recognize that many would preChief Judge fer to simply bid good riddance Ninth Judicial Circuit Court to 2020. It has been a brutally challenging year, and that description might actually be an understatement. Yet, despite everything 2020 threw our way, we matched its relentless intensity with remarkable resilience. And what we accomplished despite tremendous adversity is nothing short of phenomenal. So, before I join you in pouring optimism and hope into this new year, I’d like to take a quick look back at those accomplishments and the insights gained in 2020.

By design, change does not come easy to the courts. It demands a great deal of deliberation, and deliberation demands time. And time was something we didn’t have when the pandemic hit our region in March of 2020. COVID forced immediate change, demanding the courts move from in person to virtual hearings and processes overnight.

Such a shift was unprecedented. There were no guideposts or foundations on which to quickly enact these changes. At the time, the task seemed insurmountable. And yet, with nothing but a deep commitment to the work of the courts and our grit, we got it done. Judges retooled processes and procedures. IT staff upgraded courtroom systems and trained staff on technology.

Judicial assistants managed the frontlines, handling a constantly changing docket and helping parties virtually access the courts.

Everyone pitched in, putting in long hours and hard work – the results of which are literally outstanding. The Ninth Circuit went from conducting less than 500 virtual hearings in February of 2020 to well over 125,000 at year’s end.

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While the sheer number of virtual hearings held is a great accomplishment, what that number represents is far more significant.

Each one of those hearings is a tangible reflection of the court’s fundamental mission to protect rights and liberties, uphold and interpret the law, and provide for the peaceful resolution of disputes.

More than 125,000 virtual hearings mean that, even as we faced the challenges of the pandemic, our courts protected and upheld the constitutional rights of both defendants and victims. It means that mothers and fathers struggling through divorce received meaningful remedies that allowed them to move toward healing and to facilitate solutions for their children. That real people and local businesses obtained timely resolutions to their legal problems, allowing them to move forward in life and in business. That children found safety from abuse, abandonment and neglect, and forever families truly found forever. That many legal professionals in our community – lawyers, paralegals, assistants, etc. – remained actively working when the pandemic forced so many other businesses to shutter their doors, helping to buoy their families and the economy during this difficult season.

And for those of us inside the courthouse, more than 125,000 virtual hearings represent the successes of our decade-long investment in building a technology infrastructure, our plans for the inevitable future of virtual courts, and the committed teamwork and work ethic that can be found at every level of the circuit.

I am so proud of us, all of us, for the grace and success with which we walked the journey of 2020. So, no – I won’t bid the year good riddance (not entirely anyway!). Instead, I invite you to join me in wishing it a fond farewell, with an eye to 2021 and the opportunities that lie ahead because of the hard work accomplished in the year past. Let us all enjoy the fruit of the labor that was 2020!

The Honorable Donald A. Myers, Jr., chief judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

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Intellectual Property LawCommittee Patent Ownership Disputes – Governed by State Law

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n oft-repeated refrain when discussing patent law is that patents are exclusively governed by federal law.1 While that is largely true, one notable exception is for patent ownership disputes. Patent ownership is usually governed by state law.2

Although rights in patents and patent applications are – like other personal property – assignable in writing, ownerMatthew E. Moats, Esq. ship disputes typically arise where those assignments have not been clearly made in writing and filed with the United States Patent and Trademark Office (“USPTO”).3 One common scenario for a patent ownership dispute occurs when an employer files a patent application based on an invention discovered by one or more employee-inventors.4 This is significant because the original patent applicant is presumed to be the initial owner of an application for an original patent.5

make it cost-effective for the City.17 But he also admitted that reviewing the outside firm’s process would include looking at new approaches.18 Subsequently, the non-assigning inventors moved for partial summary judgment, which the trial court granted only as to the denial of a permanent injunction.19 In reviewing the applicable law, the appellate court noted that the general rule is that “employees own the patent rights to their inventions, even though the inventions are conceived or reduced to practice during employment.”20 An exception to this general rule is that employees who have “essentially agreed to sell or hire out their inventive faculties” must transfer ownership of any inventions made during the course of that employment to their employer.21

For employees, it is important that they understand their rights and how to go about discovering an invention outside the reach of their employer.

But even if the employer applies for and receives a patent with the inventors listed as the owners, the issue of ownership is not finally resolved. Indeed, this is how the problem of ownership was presented in the seminal Florida cases: City of Cocoa v. Leffler, 762 So. 2d 1052 (Fla. 5th DCA 2000) (“Leffler I”) and City of Cocoa v. Leffler, 803 So. 2d 869 (Fla. 5th DCA 2002) (“Leffler II”). These cases involve the ownership of two patents that arose out of the City of Cocoa (the “City”) upgrading its water treatment plant.6 Instead of using an outside firm and a known method for removing hydrogen sulfide from water, the City created an in-house design team composed of seven employees.7 The team ultimately developed a system based on bacteria to remove the hydrogen sulfide from the water, which was novel and much more effective than prior methods.8 The team also developed a process for cleaning the tanks in which the process took place.9

With the City’s approval, the inventors applied for two patents and were granted a patent for the process as a whole, while the cleaning process application was still being examined at the time of the lawsuit.10 Four of the seven inventors executed assignments of their patent rights in favor of the City and the other three refused.11 Subsequently, the City brought an action against the three inventors who refused to execute assignments seeking to declare12 the City the owner of the patent rights and to require the three inventors to execute assignments in favor of the City.13 After the complaint was filed, one of the remaining three inventors assigned his patent rights to the City.14 Notably, in seeking to obtain a preliminary injunction,15 one of the inventors who assigned his rights to the City testified that the City paid to set up a test plant at the water treatment plant and paid for the patent application process.16 One of the inventors who refused to execute an assignment testified that the team’s task was not to invent a brand new process but to take the process proposed by the outside firm and PAGE 10

Though there is no bright-line test, the appellate court stated that courts should focus on the contract of employment in determining whether the employee has been hired to invent, which is usually a question of fact.22 The contract can be express or implied from the terms of employment.23 But courts have been reluctant to imply an agreement to invent.24 Indeed, if the employment is general, even “though it may cover a field of labor and effort in the performance of which the employee conceived the invention for which he obtained a patent, the contract is not so broadly construed as to require an assignment of the patent.”25 Rather, the employer must show “beyond question” that the employment was for the particular purpose of making the invention.26 Ultimately, the appellate court held that the trial court erred in granting summary judgment for the two inventors because “there is some evidence that these employees were hired to create a better water treatment facility, which by extension could include creating a better way to do what the water treatment facility would do, including removing hydrogen sulfide.”27 In Leffler II, the City appealed a final judgment in favor of the last remaining non-assigning inventor after a bench trial.28 The appellate court found it significant that the design team leader testified at trial that he never told the team members to invent new technology and never anticipated that anything would be invented.29 At trial, the non-assigning inventor testified that he volunteered to join the design team, he was not given any specific tasks, the discoveries leading to the inventions were a surprise, he often worked on the project beyond normal working hours and was not compensated for the extra work, the majority of the parts and materials used in the testing phase were provided by sources from outside the City, and that he objected to the City paying for the patent application process.30 Thus, the trial court found that the non-assigning inventor was not hired to invent anything.31 Accordingly, the appellate court affirmed the trial court because the City did not prove an “unequivocal inference” that the non-as-

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signing inventor was given the specific task of producing what was invented.32 Although it may be common for employers such as universities and companies that routinely strive to discover inventions to consider patent ownership issues, it is apparent from Leffler I and Leffler II, that even employers such as cities, counties, and other employers that do not routinely set out to discover inventions should consider potential patent ownership pitfalls.

Practically, such considerations should include a robust policy governing ownership of employee discovered inventions, an invention disclosure procedure, and intellectual property agreements that address inventions by employees. It is important for the human resources department to be educated on the applicable policies and procedures to address as many issues with patent ownership as possible when onboarding new employees.

Even with all of this in place, it is important for an employer to document in writing – potentially by an agreement specific for that project – what tasks are assigned to an employee or group of employees where inventions may be discovered, especially where employees who were not specifically hired to invent are involved. Although it is sometimes very difficult – and maybe impossible – to foresee what projects might lead to an invention, considering and implementing some or all of the above actions will provide a foundation for an employer seeking to obtain and use a patent based on discoveries by employees or at the very least, a stronger argument for employer ownership of the invention in dispute.

For employees, it is important that they understand their rights and how to go about discovering an invention outside the reach of their employer. This issue is also important – and potentially more complex – where an independent contractor, student, or one or more entities are hired for a project. For these scenarios, defining the individual’s roles (e.g., ownership of any potential inventions) and entities’ roles (e.g., ownership interests) are crucial.

Ultimately, attorneys33 should be aware that state law governs patent ownership disputes and that there is not a bright-line test for ownership. And attorneys should know how to help clients navigate these issues prior to potential litigation and how to advocate for their clients if litigation does arise. Although this article is not exhaustive of these issues, it is hopefully a helpful overview and resource that directs the reader to sources where the reader can take a deeper dive into the world of patent ownership in Florida.

Ultimately, attorneys should be aware that state law governs patent ownership disputes and that there is not a bright-line test for ownership.

And attorneys should know how to help clients navigate these issues prior to potential litigation and how to advocate for their clients if litigation does arise.

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Matthew E. Moats, Esq., is in-house counsel at The Nemours Foundation, a children’s health system with two freestanding children’s hospitals and many clinics, where some of the top pediatric medical specialists in the United States conduct novel research and strive to innovate for the advancement of children’s health.

He holds a juris doctor and a certificate in intellectual property law from the University of Florida and has been a member of the OCBA since 2013.

1 Much of patent law is governed by the federal Patent Act, 35 U.S.C. §§ 1, et seq.

2 Jim Arnold Corp. v. Hydrotech Sys., Inc., 109 F.3d 1567, 1572 (Fed. Cir. 1997) (“[T]he question of who owns the patent rights and on what terms typically is a question exclusively for state courts.”).

3 See 35 U.S.C. § 261.

4 An inventor may instead be an independent contractor, which could be factually relevant, but the applicable rules for considering ownership are essentially the same as for employees.

5 See 37 C.F.R. § 3.73(a), for patents filed after September 16, 2012. The Leahy-Smith America Invents Act, with effective dates of September 16, 2012 and March 16, 2013, significantly changed many aspects of patent law. This article assumes that the patent application in

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dispute is filed after September 16, 2012, although the state law patent ownership analysis remains the same.

6 Leffler I, 762 So. 2d at 1053.

7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Patent ownership lawsuits are typically commenced as a declaratory judgment action. See § 86.011, Fla. Stat.

(2019) (declaratory judgment statute).

13 Leffler I, 762 So. 2d at 1053-54.

14 Id. 15 The City’s motion for preliminary injunction was denied by the trial court, which was affirmed by the appellate court.

16 Leffler I, 762 So. 2d at 1054.

17 Id. 18 Id. 19 Id. 20 Leffler I, 762 So. 2d at 1055.

21 Id. 22 Id. 23 Id. (citing Teets v. Chromalloy Gas Turbine Corp., 83 F.3d 403, 406 (Fed. Cir. 1996), cert. denied, 519 U.S. 1009 (1996).

24 Id. 25 Id. at 1056 (quoting State Board of Educ. v. Bourne, 7 So. 2d 838, 839-40 (Fla. 1942)).

26 Id. (quoting Bourne, 7 So. 2d at 841).

27 Id. at 1057.

28 Leffler II, 803 So. 2d at 870-71. The other non-assigning inventor obtained a jury verdict which was affirmed in City of Cocoa v. Leffler, 91 So. 2d 487 (Fla. 5th DCA 2001).

29 Id. at 871-72.

30 Id. at 872.

31 Id. 32 Id. at 873.

33 Not just intellectual property attorneys, but also labor and employment attorneys and in-house counsel, at a minimum.

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The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-onone interviews with the people shaping our Central Florida community.

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GuestColumn Trial Lawyers

I

t has been said many times, in many different ways, but the gist is always the same: Litigators serve discovery; trial lawyers play poker.

Litigators research, write, and file motions; trial lawyers smoke cigars and drink whiskey.

Litigators take depositions; trial lawyers try cases.

The Honorable Litigators are plentiful; trial Thomas B. Smith lawyers are increasingly rare.

United States District Court Seriously, the point of this artiMiddle District of Florida cle is not to bash litigators. They, along with trial lawyers, play important roles in our justice system. Trial lawyers and litigators possess complimentary skills, all of which are required to get the client the best possible result in the case. My goal is to help lawyers who don’t have jury trial experience become better courtroom advocates and thus more well-rounded professionals. This article focuses on some of the traits that make a great trial lawyer. Preparation is a given; it is also just the start.

Litigators and trial lawyers think differently. Litigators specialize in identifying, organizing, and presenting the facts to conform to the applicable law. When a new case comes in, they typically get to work on motions and discovery. When trial lawyers analyze a new case, they think about how normal people will look at the facts.

Then they organize those facts to tell stories that are easy to understand, believable, and consistent with the law. Trial lawyers also start thinking about their closing arguments, then they work backwards so that they know where they want to go and how to get there.

Trial lawyers understand the courtroom is where they tell their clients’ conflicting stories. Then the trier of fact decides which parts of each story to believe and how those parts fit together. Whether it’s a jury or judge, when the trier of fact makes its factual determinations it considers three things: (1) the evidence; (2) the applicable law; and (3) which lawyer they most trust. Trial lawyers know that when it’s a close call, people go with the lawyer in whom they have the most confidence. That confidence is earned, a little at a time, through each interaction the lawyer has with the trier of fact. The judge and jury don’t have to like you, but they do have to respect you and, ultimately, trust you. For a wonderful explanation of this third element read Litigation by James W. McElhaney.

In every hearing and trial, you want to be “the guide,” meaning the lawyer the judge and jury have chosen as the person to teach them the case and lead them to the right result.

Trial lawyers understand the importance of telling a compelling story. As Carolyn O’Hara explains: In our information-saturated age, business leaders “won’t be heard unless they’re telling stories,” says Nick Morgan, author PAGE 14

of Power Cues and president and founder of Public Words, a communications consulting firm. “Facts and figures and all the rational things that we think are important in the business world actually don’t stick in our minds at all,” he says.

But stories create “sticky” memories by attaching emotions to things that happen.

Carolyn O’Hara, How to Tell a Great Story, Harv. Bus. Rev., (July 30, 2014), https://hbr.org/2014/07/how-to-tell-a-great-story. This is true whether you are in a motion, hearing, mediation, or trial.

Trial lawyers are gifted story tellers. They don’t talk at people; they talk to and connect with them. One mark of a real trial lawyer is highly developed interpersonal skills. Trial lawyers use these skills to connect with people’s emotions and ideas. This is the art of persuasion. So how do you tell a great story? According to Ms. O’Hara: Start with a message Every storytelling exercise should begin by asking: Who is my audience and what is the message I want to share with them? Each decision about your story should flow from those questions.

Highlight a struggle A story without a challenge simply isn’t very interesting.

“Good storytellers understand that a story needs conflict,” says Morgan. Is there a competitor that needs to be bested?

Keep it simple Not every story you tell has to be a surprising, edge-ofyour-seat epic. Some of the most successful and memorable stories are relatively simple and straightforward. Don’t let needless details detract from your core message. Work from the principle that “less is more.” One of the biggest mistakes you can make is “putting in too much detail of the wrong kind,” says Morgan. Don’t tell your audience what day of the week it was, for instance, or what shoes you were wearing if it doesn’t advance the story in an artful way. But transporting your audience with a few interesting, well-placed details – how you felt, the expression on a face, the humble beginnings of a now-great company – can help immerse your listeners and drive home your message.

Id. This is what trial lawyers do.

Trial lawyers understand that we don’t all learn the same way.

Some people are visual learners, some are auditory learners, and some are kinesthetic learners. No lawyer knows what kind of learners are sitting in the jury box or on the bench. So, trial lawyers use pictures and diagrams that appeal to visual learners. They may use multiple witnesses to make the same point verbally to reinforce it for auditory learners and, in the process, give those learners buzzwords to be repeated in the jury deliberation room.

Trial lawyers also bring objects to court for kinesthetic learners to handle so that they can better understand the information the

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theBriefs January 2021 Vol. 89 No. 1

: Bench Bar e2a.0rning Edition Distance L 20 October 2, 20 ees participated in the

0 attend . Over 50 More than 30 ar conference B ch en B al u substantive OCBA’s virt ed across all 9 er off e er w E working hours of CL so enjoyed net al s ee d en tt o A law tracks. sors on the Rem on sp h it w g in and interact ! ughout the day platform thro

Hon. Luis F. Calderon presenting virtually “Professionalism: How to Handle Disputes.”

Clockwise from upper left: Chief Judge Donald A. Myers, Jr., Anthony Sos, Chief Judge Lisa Davidson, Chief Justice Charles T. Canady, presenting, “Getting Sent to the Principal’s Office: A Word from The Florida Supreme Court Chief Justice and Florida’s Chief Judges.”

Clockwise from upper left: Hon. Gisela Laurent, Hon. Roy Dalton, Jr., Alena Baker, John Gihon, presenting “Crimmigration: Navigating Immigration and Criminal Consequences Today.”

Clockwise from upper left: Matt Olszewski, Jordan Ostroff, William Umansky, Lyle Mazin, presenting “Marking Your Practice.”

Clockwise from upper left: Jeff Lotter, Hon. Elizabeth Gibson, Hon. Brian Duckworth, Hon. Adam McGinnis, Hon. Adam McGinnis, presenting “A Judicial Perspective on DUI’s.”

CLE recordings from Bench Bar 2.0 are available for purchase! Visit the OCBA Store online or contact Carolyn Cochrane at carolync@ocbanet.org. theBriefs January 2021 Vol. 89 No. 1

Clockwise from upper left: Zea McDonnough, Tom Wert, Hon. John Jordan, Hon. Amy Carter, presenting “Partners, Associates and Staff.”

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Family LawCommittee

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Bruce v. Bruce: Filling the Gap of “Roommate or Romantic Partner?” and More

ast June, in their The Briefs article “Roommate or Romantic Partner?,” attorneys Lauren Ilvento and Erin Duncan (now General Magistrate Duncan) wrote about the gap in case law regarding how an existing supportive relationship should be weighed by a trial court in determining alimony prior to final judgment in a dissolution of marriage. Family law attorneys now have Bruce v. Bruce, 243 So. Christine J. Lomas, Esq. 3d 461 (Fla. 5th DCA 2018), to fill that gap, in which attorney Heather Morcroft and I argued on appeal for the former wife.

In this case, Florida’s Ninth Circuit Court in and for Osceola County denied the former wife any form of alimony because she had “changed the nature of the request for alimony by entering into a ‘supportive relationship’ since separation.”1 However, as the Fifth District Court of Appeal pointed out, “the trial court did not make any findings regarding the nature and extent of the former wife’s supportive relationship, or how that relationship diminished her need, permanently, for alimony.”2 The court, citing Keyser v. Keyser, 204 So. 3d 159 (Fla. 1st DCA 2016), instructed on remand that “if the trial court determines that the former wife is in a supportive relationship, it must determine how, and to what extent, that relationship mitigates the former wife’s need for alimony.”3 The Fifth DCA in Bruce affirmatively settles the question of whether a supportive relationship can be considered prior to final judgment in determining alimony. Citing section 61.08(j), Florida Statutes, the court explained this section “permits the trial court to consider ‘[a]ny other factor necessary to do equity and justice between the parties’ when determining a proper award of alimony,” including an alleged supportive relationship of the party requesting alimony.4 As a footnote, the Fifth DCA indicated that while the plain terms of “Florida’s supportive relationship statute” do not apply to an award of alimony in a final judgment of dissolution of marriage; the factors “provide the trial court with a useful framework to determine if, and to what extent, a supportive relationship exists” in determining an alimony award at final judgment.5 Therefore, best practice dictates that even though section 61.14(1)(b), Florida Statutes, specifically addresses modifications and/or terminations of existing alimony awards, a party either desiring to prove or defend against the allegation of a supportive relationship at trial had best ensure that written findings of facts pursuant to the factors of section 61.14(1)(b) are present in the final judgment of dissolution of marriage.

As an aside, the Bruce case also gives family law attorneys an additional resource to the scant case law regarding the all-important school designation, required in every Florida parenting plan.6 On theBriefs January 2021 Vol. 89 No. 1

that issue, the Fifth DCA concluded the trial court abused its discretion in not evaluating more than twenty statutory factors and expressly finding that school designation to the former husband was in the child’s best interests.7 The court referenced Clark v.

Clark, 825 So. 2d 1016, 1017 (Fla. 1st DCA 2002) in stating that this “finding must either be stated on the record or set out in the order.”8 So, while presenting evidence towards our best interest arguments as to the division of time-sharing, family law attorneys should also specifically present best interest evidence as to school designation and ensure those express findings are in the record or, preferably, in the final judgment.

While my colleague and I were successful in reversing the trial court’s original denial and subsequently obtaining an award of permanent periodic alimony for our client (as well as reversing and obtaining school designation), I would be remiss in not mentioning House Bill 843, currently under consideration in the Florida legislature. This bill provides sweeping reforms in alimony as well as a presumption that equal time-sharing is in the best interests of a divorcing couple’s minor children.

HB-843 eliminates permanent periodic alimony, the “standard of living” element in determining alimony awards, and the current rebuttable presumptions as to the lengths of marriages. It limits the length of time for durational alimony to no more than half the length of the marriage, creates a formula that could result in an award of durational alimony substantially lower than a party’s need (regardless of a party’s ability to pay more), and establishes automatic termination of an alimony award when the obligor reaches retirement age or reasonably retires earlier. The plain language of this retirement provision appears on its face to apply to existing as well as future alimony awards.

While it has been purported that alimony reform will likely not happen in the near term, as a similar Senate Bill (SB-1832) failed to make it out of committee, it would appear that it is more of a matter of when, not if reform will happen. Family law attorneys need to be prepared for that when.

Christine J. Lomas, Esq., LomasLaw, P.A., practices in the areas of family law, probate, and guardianship. She has been a member of the OCBA since 2010.

Bruce v. Bruce, 243 So. 3d 461, 463 (Fla. 5th DCA 2018) (citing the trial court’s final judgment).

2 Id. at 464.

3 Id. 4 Id. 5 Id. 6 Section 61.13(2)(b)(3)(b), Florida Statutes (2019).

7 Bruce at 464.

8 Id. 1

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Legal Aid SocietyNews

D

Hand Gel May Have Been in Short Supply, But Goodwill Was Not

espite the large-scale chaos, uncertainty, and headlines that were 2020, last year also brought us so many professional and personal gifts that will far outlast the instability we felt. At the Legal Aid Society of the Orange County Bar Association, Inc. (“LAS”), the words we heard most frequently after “crisis,” “eviction,” and “make it stop” were “I am available to help,” “I had no idea LAS does so much,” and “that volBethanie A. Barber, Esq. unteer experience was worth it.”

While most clients reach out to LAS when they are in a state of crisis, hope, growth, and light are at the center of everything we do here. In 2020, LAS staff and volunteer attorneys created sheer magic in our community by prioritizing the most critical needs of our community’s indigent, understanding that they could do something to make life better for our poor neighbors.

The OCBA moved beyond expressing support or outrage on social media. We even moved beyond calls to action. OCBA members took the additional step to actually do something to address our social problems through action. Attorneys took cases, manned housing clinic phone lines, and made financial contributions to LAS to ensure our work continues. LAS is unique among legal aid organizations not just throughout Florida, but throughout the nation. As a private not-for-profit law firm that meets our indigent neighbors’ needs using both staff and volunteer attorneys to perform legal services critical to our community, we served nearly 11,000 low-income residents last year through our efforts. Yes, we came together to show 11,000 of our fellow residents we care enough to sacrifice our personal time, interests, and pursuits to show them they matter to this community just as much as anyone else.

You helped us maintain our six main areas of law last year, which we will continue in 2021: family, housing, consumer, immigration, community economic development, and juvenile dependency. These legal services OCBA volunteer attorneys provide enable our clients to avoid homelessness, escape physical abuse, correct life-altering debt, obtain necessary documentation enabling one to work and become self-sufficient, as well as permanently connect abused, abandoned, and neglected children to their “forever families” – all through the Legal Aid Society.

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OCBA attorneys assist the indigent community in two primary ways: by donating $350, which can be considered a fee in lieu of pro bono service each year, or by volunteering in one of forty – yes, forty – available pro bono projects. These pro bono projects vary, from traditional case handling to participation in our annual tax clinic, helping poor families access much-needed earned income tax credit, to community outreach, informing groups such as military veterans and senior citizens who may benefit from our services that LAS is there for them. Our largest and most widely known pro bono project is the Guardian ad Litem Program, which provides best interest representation for children ranging in age from birth to late teens in the foster care system. As a private not-for-profit that seeks out funding to maintain our practice, we are so fortunate the majority of our attorneys provide both forms of support – both pro bono and financial.

The year 2020 brought us the gift of flexibility and resiliency. In 2021, we will continue with our major practice areas, forty pro bono projects, and private not-for-profit status. We are incorporating more virtual pro bono options into our daily practice, including wills for veterans and tax assistance, as our clients can, in many cases, receive quality legal services whether or not they meet with their pro bono attorneys in their office or via video conference.

Last year, we heard numerous organizations relay sentiments against systemic oppression and inequality. Since 1961, the Legal Aid Society has been a proud member of our community, protecting abused children, survivors of domestic violence, the elderly, and veterans from oppression and inequitable treatment. While some organizations struggle to determine what they are willing to do to make this world better, LAS is proud to continue to stand up for the most vulnerable. Even in the most difficult of times – especially in the most difficult of times – it remains our privilege to secure justice for all.

Please visit our website at legalaidocba.org to view all of our available pro bono projects in detail, as well as to learn more about this organization our entire bar takes so much pride in. For more information about the Legal Aid Society, please contact Bethanie A. Barber, Esquire, at 407-841-8310, or bbarber@legalaidocba.org.

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.

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theBriefs January 2021 Vol. 89 No. 1

Legal Aid SocietyTeaching Tips

A

This New Year, You Can Help Bring Resolution to a Child in Need

doption is the preferred goal for children in the dependency system when the parents cannot be reunified with their child. Adoption is a twostage process that starts with a termination of parental rights (“TPR”) petition. If the petition is granted, the child is available to be adopted. The petition will be granted if there are findings of clear and convincing evidence as set forth in Chapter 39.809, Leah B. Dual, Esq. Florida Statutes Stage two is the adoption. Guardian ad litem attorneys are needed for the adoption process as the law requires that a GAL recommendation be included. The GAL staff attorneys at the Legal Aid Society of the Orange County Bar Association, Inc. (“LAS”) are here to help you if you would like to be involved in one of these cases.

The most common scenarios that lead to this two-step adoption process are egregious cases where it is evident that the parent or parents cannot be reunified with the child (i.e., a parent has killed the other parent or a sibling of the child) and when a case plan with the parents has failed. Parents typically have up to twelve months following the shelter hearing to accomplish reunification with the child by completing a case plan. When the parent cannot accomplish reunification in this time frame, TPR consideration begins. The TPR process typically commences with a family safety team (“FST”) meeting known as a staffing. GAL pro bono attorneys are among the parties attending the staffing to discuss whether TPR, adoption, or some other goal is in the child’s best interest.

Prior the FST staffing, the GAL pro bono attorney will review the case to determine whether there are grounds for TPR. If the parents have failed to comply with their case plan, the attorney will review the plan and what steps the parents took towards compliance. Analysis of the case for TPR will include whether there is a nexus between parental conduct and actual harm or significant risk of harm to the child. The attorney will consider whether expert testimony pertaining to risk assessment is needed. A TPR petition is usually filed by the Florida Department of Children and Families on behalf of the State of Florida. However, a GAL can also file a TPR petition. LAS can assist pro bono GALs with this process.

Once the TPR petition is filed, the parents must be personally served. They have a minimum of seventy-two hours before a formal advisory hearing can be held. The parents are given notice at this hearing of their right to private placement of their child via an adoption agency. This allows the parents to have a voice in who will adopt their child. If the parent does not elect private adoption, the case will proceed under the guidelines set by statute.

At the advisory hearing, the parents can surrender their parental rights, consent to the adoption, or deny the allegations and ask for a trial date. theBriefs January 2021 Vol. 89 No. 1

Prior to the TPR trial the GAL is required to file a manifest best interest (“MBI”) report in accordance with Chapter 39.810, Fla. Stat. LAS has sample MBI reports available for the volunteer attorney and can walk you through your first one. TPR trials are heard by the circuit court. If the court grants the petition, the child is free for adoption following expiration of the time to appeal.

When the child is available to be adopted, the child is listed on an adoption exchange if an adoptive family has not been identified already. Many of the children in the dependency system are adopted by relatives, non-relative caregivers, or foster parents who are already caring for them. If an adoptive family is needed, an adoption case manager is available to help find a “forever family.” The case manager will take the child to adoption events and recruit families that have been pre-approved to adopt. Once potential adoptive families have been identified, an adoption match staffing is held. The GAL is invited to participate in the match staffing and has the opportunity to review the proposed families’ home studies and documentation prior to the staffing. This staffing is an opportunity to advocate for the selection of a family that the GAL believes is the best match for the child. The attendees will also determine the best way to introduce the child to the prospective adoptive family.

Once the child and family meet, supervised visitation will commence. If all goes well, the visitations proceed to unsupervised contact and overnight visitation. Progress is monitored to determine how the child is adjusting to the family. Recently, the initial contact has been via a virtual platform with actual visitation taking place in a public location such as a park or a mall. A child remains in the potential adoptive home for a minimum of ninety days before an adoption hearing is scheduled.

Adoption hearings in dependency court are always happy occasions, celebrating the formal creation of new loving families for deserving children. Serving as a pro bono GAL in these cases is very rewarding according to all that undertake them. The GAL plays an integral role helping children find their permanent family. Adoptions are continuing to take place despite COVID-19.

While the hearings are taking place via Zoom, Microsoft Teams, and other virtual means, the joy and happiness are still very much present.

If you would like to volunteer as a guardian ad litem, please contact Leah Dual, Esquire, at ldual@legalaidocbs.org.

Leah B. Dual, Esq., is the Guardian ad Litem Program director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2018.

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YLS PhotoOps YLS Third Annual Lip Sync for Lungs

Andre 3K

R.E.M. Tiger Kings

YLS Annual Basket Brigade Virtual Happy Hour Vaughn Glinton – Basket Brigade Organizer

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Young Lawyers SectionNews YLS on the Move

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heers to the New Year! It is 2021 and we are on the edge of our seats to see what this year will bring. While 2020 was certainly a whirlwind, it definitely reminded us of all the things we are thankful for, which is never a bad thing to reflect upon. We hope you enjoyed the unique end to your 2020 and we wish you the best in the upcoming year.

YLS went all out with its endof-the-year activities! We kicked Kimberlee A. Martin, Esq. it off by starting our November Member Spotlights, which showcased our wonderful members and what they were thankful for in 2020. You can check those out on Facebook and Instagram. Make sure to follow us while you’re at it!

Next up, we hosted our annual Basket Brigade Happy Hour on November 10 via Zoom. Many thanks to everyone who was able to donate. Because of you, we were able to raise more than $2,300. That translates into approximately 58 in-need families getting gift cards for food so that they could enjoy a Thanksgiving meal together. This success would not have been possible without the excellent work of Vaughn Glinton and the rest of the Community Service Committee. We hope you will join us for our November 2021 Basket Brigade event. If you are unfamiliar with Basket Brigade, visit https://www.basketbrigadeflorida.org/ to learn about the amazing efforts of this organization right here in our community.

Then came November 11, a day where we honored our veterans and a night where our very own president, Brandon Sapp, and president-elect Michael Barber, immediate past president Andrew Roy, and former communications coordinator Andrew Irvin shined as bright as the sequins on the Tiger King’s wardrobe in order to fundraise for the Central Florida chapter of the American Lung Association. This dynamic foursome participated in the Third Annual Lip Sync for Lungs event, where they performed everything from Joe Exotic’s hit songs to R.E.M.’s “It’s the End of the World as We Know It.” The pictures are a must-see, trust us. Their incredible routine scored a 20 out of 15, which secured them the first-place performance trophy. On top of that, YLS also took home the first-place fundraising trophy by bringing in more than $3,000.

That was not enough excitement for us though. On November 18, we kept it going by joining the Central Florida Gay and Lesbian Law Association to host a joint CLE titled “Perspectives on Equal Employment.” The Honorable Roy Dalton, Jr., U.S. Middle District of Florida, and attorneys Mark Elliott and Allison Wiggins examined the changes brought about by the U.S.

theBriefs January 2021 Vol. 89 No. 1

Supreme Court’s ruling in Bostock v. Clayton County as well as discussed procedural matters and best practices for attorneys practicing employment discrimination law. YLS then attended the Virtual Breakfast of Champions for the Legal Aid Society on November 19 and, on November 20, we held our last virtual YLS Luncheon of 2020 with none other than Bill “The Lawman” Umansky. He shared the “Art of the Intake” with our members and gave invaluable insight regarding the importance of client intake and engagement as Bill “The Lawman” well as tips and strategies for retaining cliUmansky ents. It was a fantastic way to wrap up our luncheons. Kudos to luncheon committee chairs Linea Eberhart and Briana Whalin for a great year.

To round out the year, YLS members partnered with the Life Care Center of Orlando, a nursing and rehabilitation center, for the Holiday Card Pen Pal Program. Due to COVID-19 restrictions at these facilities, we wanted to make sure the residents had some holiday cheer in December. To achieve this, YLS members filled out more than 100 holiday cards with messages of well-wishes and holiday cheer that were then distributed to the residents. Thank you to Kenway Wong, the Community Service Committee, and all those who participated in this excellent and much-needed endeavor!

To all of our YLS members and YLS friends, we want to say thank you for helping us knock it out of the park during 2020. We hope you enjoyed the virtual YLS Holiday Party, and we are really hoping to log off of Zoom in 2021 and see you in person soon.

Cheers!

As always, make sure to keep up to date on the latest and greatest from YLS by finding us on Facebook, Twitter, and Instagram. Our handle is @ocbayls. And make sure to use #ocbayls, #wedomore, and #YLSistheKEYtoyoursuccess when posting about events so we can share in the fun with all of you!

Kimberlee A. Martin, Esq., of Cohen Law Group, handles civil litigation matters, primarily in the area of plaintiff’s first property claims. She has been a YLS board member since 2019 and a member of the OCBA since 2013.

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Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr Juna Pulayya • Lorna Truett • Andrew Windle Hon. Tesha Ballou • Susan Staggs • Mark O’Mara

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theBriefs January 2021 Vol. 89 No. 1

ParalegalPost Paralegaling Through a Pandemic

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don’t think any of us anticipated spending last year trying to be functional paralegals during a global pandemic or, while we’re at it, learning that murder hornets exist and becoming wellversed in the world of big cats (see Tiger King). But here we are.

Navigating this job in a constantly changing and often virtual environment has been challenging, so I thought I would share a few Shannon E. Hager, FRP things that I slowly learned while feeling around in the dark to figure out how to do my job during 2020. The issues discussed below did not all become apparent to me last March. I only encountered many of them after a) bungling a new procedure, b) panicking during a Zoom hearing, or c) writing this article. But being a paralegal often boils down to some strange, innate need I have to make other people’s lives easier while making a fool out of myself, so, while I work that out in therapy, consider the following.

Don’t assume anything anymore.

We probably never should have been making any assumptions while doing this job, but these days we absolutely should not be.

At all. There is likely a modified way of doing many of the tasks we’ve already spent years learning how to do, so let’s be vigilant.

I think we all know that most judges have posted updated procedures for setting hearings, sending hearing materials, submitting orders, and even communicating with judicial assistants. We should familiarize ourselves with those updates and check back for more every single time we need to interact with the court. Temporary procedures posted last April may not be controlling anymore.

If you find conflicting information and need clarification, seek it.

When you’re rushing, it’s going to seem easy to simply do things the way you always have and hope for the best. Spoiler alert: It won’t be. Don’t try it. I have. You don’t want the hearing notebooks you spent a week working on to be returned to your office because the (formerly) old-school judge is now only accepting courtesy copies in the form of hyperlinked PDFs. And on top of that burn, the PDF “notebook” would have been easier to assemble and send in the first place. Ouch.

So, in summary: Step 1: Learn the new way of doing things.

Step 2: Do things the new way.

Step 3: Go right back to Step 1 the next time you need to complete the same task, because it’s probably going to change. And that’s actually a good thing, because “the new normal” seems to be getting more streamlined over time.

Take ownership of docketing deadlines.

Whether or not calendaring is your responsibility, put as many eyes on it as you can, including your own. The trials we had scheduled in 2020 were continued, which was, however briefly, a euphoric theBriefs January 2021 Vol. 89 No. 1

relief. But now they’re coming back around, so let’s make sure each and every deadline and event has been properly shifted on our calendars. Remember that while many trial deadlines are tied to the pretrial conference or first day of trial, there are others that might be floating around untethered. If it is unclear to you when something needs to be handled, put it on your attorney’s radar so they can chime in and, if necessary, discuss it with opposing counsel or take it up with the court. Pay attention and (gently) bother people, even if it isn’t a concern until January 2022, because that’s going to be here before we know it. Hopefully the world will be simpler by then, but even if we are still wiping down our precious Amazon deliveries before bringing them inside, at least we’ll be doing it knowing we aren’t missing our trial deadlines.

Get involved in remote court proceedings.

I’ve been getting folks ready for depositions for years but never had a reason to attend one until this mess started. Now I handle uploading the exhibits as we go so my lawyers are able focus on their questioning and, as a bonus, I start researching topics of interest as they arise. Did a deponent mention some agreement that we’ve never seen before and claim it was produced to us? I can start searching for that the moment it comes up and have insight on the issue before my attorney even has a chance to ask me about it. That is uniquely helpful and something the folks we work with might want to take advantage of.

But even as we adjust to doing things this way, we should expect the unexpected. Don’t only know what platform is being used for your proceeding and how your attorney can join it – understand what features it has, which ones will be enabled, and the backwards and forwards of how to use them. Sure, Zoom may have a screensharing feature, but let’s not tell our attorneys they can use it to walk the court through a document until we confirm that a) it will be enabled and b) our judge is fine with it being used.

Naturally, the internet only goes out when we truly need it, but most video conference meetings have dial-in numbers to join by audio only if that happens, so let’s have those handy. If documents are going to be shared during the course of a proceeding rather than being circulated beforehand, know what features you have for that and have a backup plan in case they aren’t enabled or working properly, or if some attendee is struggling to download them. In fact, especially at the start of a deposition, consider sharing a test document before kicking things off so everyone isn’t fighting to download Exhibit 1 and interrupting your lawyer’s flow.

A lot these uncertainties can be avoided by doing a dry run, so let’s be available to help with those, especially if our attorneys are still uncomfortable with remote proceedings. And aside from prepand-tech-woes, we can help them workshop how they look and sound on camera. It’s better we tell our attorneys that their camera is weirdly close to their face or that no one can hear them than for others to think they are technology dinosaurs. They might be, but opposing counsel doesn’t need to know that as long as we’re around!

These are the things that have been on my mind, but if you have others (especially non-litigation ones), please email them

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GuestColumn

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lawyer is presenting. Trial lawyers know how to combine these techniques to make a great presentation. If you haven’t had an opportunity to watch great trial lawyers in action, then think about a teacher who made a difference in your life. That person probably possessed strong interpersonal skills and used the same techniques trial lawyers use.

Trial lawyers don’t read to juries and judges, they talk with them. Consequently, trial lawyers generally don’t read selected jury instructions during their closing arguments, they explain the claims and defenses using simple examples and then tell the jury when they hear the instructions that’s what they mean.

Trial lawyers are generally warm, and always caring, enthusiastic, and engaging.

Their words, together with their tone and body language, persuades us that they be-

lieve their clients are right and that they are proud and excited about their cases. Sincerity is critically important. Even a lawyer who is a terrible public speaker can be effective if they speak from the heart. The trier of fact will pick up on it because it has the ring of truth.

Trial lawyers know people want to do what is morally right, so they present their cases as conflicts between right and wrong, good and evil. They take the evidence and break it down this way, while explaining why some facts in the case make sense and others don’t. They also explain what, in the circumstances, should have happened and what should never have happened. This process gives the trier of fact reasons to find for the lawyer’s client.

Trial lawyers understand the other side has its share of good points and will make them. Instead of worrying, trial lawyers accept this and keep their focus on their best facts and arguments. They also know they

are not going to win every objection but regardless of what the judge decides they roll with it, and if you didn’t know better, you would think they won the argument.

Trial lawyers know when and how to object. My friend Circuit Judge John Kest once observed that he can tell the quality of the lawyers in front of him by the objections they make. He is right. Unlike lawyers who object constantly or not at all, real trial lawyers object only when it matters and then their objections are spot on.

Trial lawyers know the jurors, judge, and everyone else involved in the case is observing them from the moment they arrive at the courthouse until they leave the premises and they behave accordingly. Trial lawyers also know how to dress appropriately because first impressions matter and how the lawyer, client, and witnesses dress sets a tone. It tells everyone how they want to be perceived.

Does it matter? After all, fewer than one percent of cases go to trial. It matters because clients will never get the best possible results unless they are represented by lawyers who are prepared, know how to try cases, and aren’t afraid of a jury.

The Honorable Thomas B. Smith is a United States Magistrate Judge (retired, called to service) of the United States District Court Middle District of Florida, Orlando. He has been a member of the OCBA since 1985.

ParalegalPost

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to orangecountyparalegalsection@gmail. com. Really, do it, because I need all of the help I can get and would like to circulate a larger roundup of tips to Paralegal Section members directly or in a future article.

Because even if this coronavirus dissipates, the “new normal” is getting more normal and less new every day, but we can try to help each other juggle all of it. Stay well, and good luck out there!

New M embe rs Attorneys

Law Students

Starr Linette BROOKINS Sandra FERRIN Jonathan Y. MARCELO Andrew S. YATKMAN Stefani Norrbin COGSDALE Elisabeth Ashley FIELDS Anigladys MESA

JoshuaDarius McDANIELSBIDDI Lisa K. MOHAMED Olamide OLADAPO

Paralegal Student Sebastian Jose Delgado SUAREZ

Shannon E. Hager, FRP, is a litigation paralegal at Greenberg Traurig, P.A. She is a past president of the OCBA Paralegal Section (2018-2019) and currently serves on the Paralegal Section board of directors. She has been a member of the OCBA since 2013.

Affiliate Viktoria WILLIAMSON

Emeritus Eugene G. BECKHAM Michael T. SCHMITZ PAGE 24 www.orangecountybar.org

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Voluntary BarNews SideBar

H

appy New Year! With the start of this new year comes the start of many wonderful new opportunities and beginnings. Here is a peek at how our voluntary bar associations ended 2020 and are ringing in the new year to make 2021 their best year yet!

CFAWL

The Central Florida Association for Women Lawyers Alena V. Baker, Esq. and the OCBA held a joint luncheon in October that included a discussion of the passage of the Nineteenth Amendment with an emphasis on the role of minority women in the suffrage movement. Moderated by Mayanne Downs, attendees learned about the role of women and minorities in the electoral process from Danaya C. Wright, term professor and associate director of the Center for Government Responsibility at the University of Florida Levin College of Law, and Kenicia Wright, assistant professor at the University of Central Florida School of Politics, Security, and International Affairs. In keeping with the theme of women in the law, CFAWL members honored the late great Ruth Bader Ginsburg by wearing dissent collars and black robes as the “When There Are Nine” trivia team at the OCBA’s Annual Trivia Contest in October. The team received the “Best Dressed Team” designation for their efforts. CFAWL also held its Annual Fall Festival, where members and their families Zoomed in to celebrate the season with spooky stories, trivia, costumes, crafts, and cocktails!

November was a month of giving thanks, sharing recipes, and giving back to the community.

CFAWL held a virtual Texas Hold’em Poker Tournament with proceeds benefiting Second Harvest Food Bank. Through contributions from competitors and spectators, CFAWL members helped provide more than 1,000 meals to hungry children and families in our community. Congrats to poker winners Scott Leitner, first place; Lauren Millcarek, second place; and Joe Knape, third place.

CFAWL’s November luncheon also focused on giving thanks while giving back. During the luncheon, former CFAWL president and lawyer extraordinaire, Melanie Griffin, discussed the power of gratitude and how it can have a positive impact on our lives. The following week, CFAWL held a remote cooking master class led by Se7en Bites owner and chef, Trina Gregory-Propst, where attendees learned how theBriefs January 2021 Vol. 89 No. 1

to make delicious side dishes for Thanksgiving. CFAWL members continued giving as they and the Pace Center for Girls held a joint clothing drive to help supply winter coats to students in need. Rounding out the month, members proudly supported the Legal Aid Society through their sponsorship of the 13th Annual Breakfast of Champions.

CFAWL closed out the year with December’s Angel Tree Project, which was a huge success as members opened their hearts and wallets to brighten the holidays for more than 100 Rock Lake Elementary School children by providing gifts the children otherwise might not have received.

George C. Young American Inn of Court

On October 20, 2020, the George C. Young American Inn of Court (“Inn”) held a virtual meeting, where members continued to explore the theme “The Art Of…” Pupillage Group I, consisting of the Honorable Roy B. “Skip” Dalton Jr.; the Honorable Patricia L. Strowbridge; Richard Barry; Ava Doppelt; Mark Lang; Harold Morlan, II; Nicole Blumenauer; Arti Hirani; Lyle Mazin; Joseph Towne; and Suzan Pruter, presented “The Art of Writing Well.” More than ninety members attended the virtual meeting and saw a presentation that included helpful writing tips, and the

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CFAWL Texas Hold ‘em Poker Tournament

GOAABA

Trial

Onchantho Am

Closing Screen

Greg Masswinkel

Judge Jeanette Bigney Top row – Melissa Mazzitelli as Foreman; Timothy Ferguson as Narrator 1; Jay Kim at Jimmy Choi Middle row – Zarra Elias as David Lawson; Maria Aguila as Gary Koivu; Judge Jeanette Bigney as Judge Charles Kaufman Bottom row – Judge Anuraag Singhal as Judge Albert Engel; Ben Dowers as Ronald Ebens; Onchantho Am as Liza Chan

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Sticky Rice Kits

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Voluntary BarNews

Amendments Voting

continued from page 25

Inn met again on November 17, 2020, where Pupillage Group II presented “The Art of Trial Technology.” Virtual meetings are expected to continue into 2021, and FAMU law student Andrew Easler, who is a virtuoso with virtual platforms, has volunteered his time to every pupillage group to ensure the virtual meetings are successful. The Inn also launched its annual mentoring program, which pairs experienced lawyers with newer lawyers to help with identifying and developing professional practice skills and good character, civility, and competence in the practice of law.

Top row – Onchantho Am, Janice Chon Bottom row –Gina Hall, Newlyn Wing

GOAABA

Mayor Demmings

On October 13, 2020, the Greater Orlando Asian American Bar Association and the National Association of Asian American Professionals hosted “Amendments – Voting 101.” GOAABA member Janice Chon moderated the discussion with Gina Hall, a volunteer at the League of Women Voters of Orange County, Florida. The topics were the six Florida amendments and the three Orange County charter amendments that were on the November ballot.

On October 14, 2020, GOAABA hosted a Virtual Asian Fusion Night, which was coordinated and emceed by Greg Maaswinkel and featured Chef Kevin Kel of Sticky Rice Lao Street Food. Chef Kel gave a virtual demonstration on how to prepare laab, a type of Lao meat that is regarded as the unofficial national dish of Laos, while virtual attendees enjoyed a meal they picked up earlier in the day from the restaurant. The event also included a beautiful video performance from the Laotian Dance Troupe, Nang Natasinh, based in St. Petersburg, Florida. GOAABA extends special thanks to Voight Attorneys at Law, for sponsoring this event. In recognition of National Domestic Violence Awareness Month in November, a portion of the proceeds were used to prepare and donate about fifty meals for residents of Harbor House of Central Florida and fifteen meals to Family Promise of Greater Orlando.

Later in the month, GOAABA took part in the trial reenactment of “The Murder of Vincent Chin” presented by the Asian Pacific American Bar Association (“APABA”) of South Florida, and co-hosted by the APABA of Tampa Bay, GOAABA, and the Jacksonville Asian American Bar Association. The Honorable Jeanette Dejuras Bigney, Onchantho Am, and Greg Maaswinkel were among the many participants who made this event wonderful.

Finally, on November 10, 2020, GOAABA hosted the first edition of its “Breaking the Bamboo Ceiling” CLE series where Asian American attorneys share their experiences related to diversity and inclusion in the legal field. This first CLE was presented by in-house counsel, including Paul Daniel Rivera with Google, Kim Gray with Marriott Vacations Worldwide, Min Cho with uBreakiFix by Asurion, and Malika Kanodia with Madison Square Garden Company. GOAABA president-elect Kenway Wong moderated.

Future seminar presentations will include a government edition and an innovators edition. Stay tuned for details!

Top row – Mayor Jerry Demings, Shally Wong, Carol Burkett Middle row – Greg Maaswinkel, Janice Chon, Onchantho Am Bottom row – Leia Leitner, Shante Pressley, Scott Leitner

In-House Top row – Kenway Wong, Kim Gray Middle row – Min Cho, Paul Rivera Bottom row – Malika Kanodia

Kenway Wong Paul Rivera Kim Gray Min Cho Malika Kanodia

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 is a board member of the OCBA Criminal Law Committee and has been a member of the OCBA since 2011.

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OCBA MemberNews Hearsay An optimist stays up until midnight to see the New Year in. A pessimist stays up to make sure the old year leaves.

– Bill Vaughn

H

appy New Year OCBA and congratulations – you’ve all officially earned your “I Survived 2020” merit badges! I know we’ve all been through a decade’s worth of historical challenges in Linnea M. Eberhart, Esq. the last twelve months alone, but hopefully the holiday season has left you recharged to take on 2021 (and nothing happened between me writing this column and you reading it that makes this sound like some horribly insensitive joke). The last year wasn’t without its bright spots though, including the below news from our members who finished 2020 on a high note:

Honors and Awards

Hollie Croft, Esq., partner at Nelson Mullins Riley & Scarborough LLP, was recognized as an Orlando Business Journal 2020 40 Under 40 Awards recipient.

PhotoOps 1st Place Team: Are You Smarter Than a Pre-schooler? Because We Brought One. (not pictured) Andrew Clark, Michael Barber, Tammy Hammack-Barber, Kathleen MacMillan, Kimberlee Martin

Eduardo “Eddie” Fernandez, Esq., of Eddie Hernandez, P.A., was recognized as an Orlando Business Journal 2020 40 Under 40 Awards recipient.

Nayef Mubarak, Esq., of Mubarak Law, was recognized as an Orlando Business Journal 2020 40 Under 40 Awards recipient.

Tara Tedrow, Esq., shareholder at Lowndes Law, was recognized as an Orlando Business Journal 2020 40 Under 40 Awards recipient.

Jason Zimmerman, Esq., shareholder at GrayRobinson P.A., was recognized as an Orlando Business Journal 2020 40 Under 40 Awards recipient.

On the Move

Novera H. Ahmad, Esq., joined the Property and Casualty Insurance Practice at Carlton Fields.

Vanessa N. Pugh, Esq., joined the Property and Casualty Insurance Practice at Carlton Fields.

As we make our way through 2021, please continue to send your news, updates, and announcements to me at leberhart@losey.law.

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she practices intellectual property law. She has been a member of the OCBA since 2015.

16th Annual OCBA Trivia Competition • October 26, 2020

Generously sponsored by Florida Lawyers Mutual Insurance Company Congratulations to the winning teams of the 16th Annual OCBA Trivia Competition!

2nd Place Team: When There Are Nine Jamie Billotte Moses, Heather Meglino, Lauren Millcarek, Mary Walter, Lori Wurtzel

The Intelligent Donkeys Robert Rivera, Josh Hollis, Jessica Travis, Kate Hollis (masks removed for photo) Best Team Name: Nasal Swabs Suzanne Delaney, Christian Gendreau, Judy Rodriguez, Edward A. Storey, III 3rd Place Team: Space Force William Davis, Nick Shannin

Kickoff instructions from host Nick Seidule

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CLASSIFIED ADS EMPLOYMENT

de BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS, NEAL LLP D/B/A DSK LAW ESTABLISHED IN 1976 is one of the largest law firms in Central Florida with the office in Orlando, Tampa, Melbourne and Tallahassee and growing. We have an immediate opening for an Experienced attorney to service Legal Service Plans administered in its Orlando Office.

The qualifications are that you must have 5+ years of experience in civil or criminal matters, transactional, document experience and being bilingual a plus. Exceptional customer service skills required for primarily telephone consultations, detail oriented with planning and organizational skills and ability to work independently. We offer a very competitive salary and benefit package and a positive workplace culture. Send your resume today!

We are a smoke-free workplace. jellis@dsklawgroup.com­.

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.com.

ESTABLISHED DOWNTOWN ORLANDO CIVIL DEFENSE LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load. Federal Court experience is a plus.

Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes.com.

F/T PARALEGAL & LEGAL ASSISTANT POSITIONS AVAILABLE. Email Ray@kwpalaw. com resume and indicate salary range. Small downtown Orlando firm. File organization and support skills are key.

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.

HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial. Excellent salary and benefit package. Call Jean 407 926 7460.

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INSURANCE DEFENSE FIRM handling first party property/liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/Mail resume to: Office Manager jmccallister@rocklawpa.com, (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

KINSEY, VINCENT, PYLE, P.L., AN “AV PREEMINENT” RATED LAW FIRM IN DAYTONA BEACH IS SEEKING AN ATTORNEY with a minimum of 5 years of civil law experience to join our firm. Candidate must have experience in one or more of the following practice areas: business litigation, construction law, estate planning, business/corporate law or family law. Please submit your resume to: kvp@ kvplaw.com. All submissions will be held in strict confidence.

MOORE INGRAM JOHNSON AND STEELE, LLP is a full-service, 90-lawyer A.V. rated firm based out of Marietta, GA with 8 locations across the southeast. We are seeking an Associate Attorney for our growing Orlando office with 2-4 years of insurance defense litigation experience. Send resume to keyoung@mijs. com.

PARALEGAL.LEGAL ASSISTANT: Are you an amazing family law paralegal or legal assistant with good people skills, wanting to compassionately help clients restructure their families? Are you also thorough, detail-oriented, able to make things happen, and self-managing? If so, Dahl Family Law Group in Clermont, FL is looking for you. We are seeking a fulltime paralegal or legal assistant, with at least two years of family law experience, to join our team. Salary range depends on experience.

Benefits include 401(k), QSEHRA, and paid time off plus other family-friendly perks once you have worked with us a while. Other benefits include working with fabulous co-workers, a wonderful work environment, and a coffee pot that never turns off. Please submit resume, writing sample, and explanation of your prior family law experience in PDF format to office@ dahlfamilylaw.com.

OFFICE SPACE

LAW OFFICE/OFFICE BUILDING: Lk Highland Prep area. Completely Renovated/Updated Old House (Circa 1926), HARDWOOD FLOORS/NEW WIRING, ETC. – 1400+/- sq.ft. $1875.00, plus tax ($112.50) + utilities. Parking included. (407) 473-1545.

LAKE EOLA OFFICE SPACE FOR RENT. Includes bilingual receptionist, gym, free parking for clients, WIFI, conference room, maintenance, secretarial space, for $1,500 a month.

For more info please call 407-792-1285 or jleon@flusalaw.com.

for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 644-9801 or email brucew@ mdwpa.com.

OFFICE SPACE FOR LEASE IN DOWNTOWN ORLANDO. 1515 E. Livingston St. On-site Free Parking. Three offices with Kitchen, Restroom and Reception. Approx. 1000 sq. ft. Contact Jessica Travis at 407-233-3210 for more information.

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.

PROFESSIONAL OFFICE SPACE FOR RENT. Kitchen. Ample Parking. Two conference rooms. Email Kristin at Kstaley@crewsandpesquera.com SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact Kristy@kellyjuris.com.

CASSELBERRY OFFICE SPACE AVAILABLE – 3 Offices, Reception, Bathroom, and Conference Room. Perfect for new start-up or downsizing attorneys. Offered for Rent by RE/MAX PIONEER, Jacob Hara 407-518-7653.

FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of parking. 515 N. Ferncreek. Jim Sears 407222-1554 jsearslaw@gmail.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.

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

TWO PRIVATE OFFICES available at newly renovated 2600 E. Robinson Street Orlando.

Shared conference rooms (3), reception, kitchen, and restrooms. Cubicles available. Parking included. Contact Chris 407-796-2278 or chris@crtlegal.com.

TWO PROFESSIONAL OFFICES, INCLUDING ADJACENT SPACE FOR ASSISTANTS available in the VUE at Lake Eola, 220 N. Rosalind Avenue, Orlando, FL 32801. Beautiful and convenient downtown location. Optional services available-use of conference room(s), beverage service, reception service. Rent is negotiable. Please contact Joanne Walz at Stovash, Case & Tingley, P.A. at (407) 3160393 to discuss details.

OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available www.orangecountybar.org

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O C JANUARY B A –CFEBRUARY a l e 2021 ndar

OCBA January Luncheon January 21, 2021

11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando The Honorable Jamie Grosshans Register by January 18, 2021

JANUARY

OCBA Closed – New Year’s Day

Executive Council Meeting 4:30 p.m. – 6:30 p.m.

Virtual (TBD)

12:00 p.m. – 1:00 p.m.

Virtual

Civil Rights Committee Meeting 12:00 p.m. • Virtual Criminal Law Committee Meeting 12:00 p.m. • Virtual Social Security Committee Meeting 12:00 p.m. • Virtual Young Lawyers Section Board Meeting 5:30 p.m. • Virtual (TBD)

1

5 Professionalism

Committee Meeting 6

Member Perks 8:00 a.m. – 9:00 a.m.

Speaker: Donna Doyle Virtual

7

Business Law Committee Seminar How COVID-19 Has Affected Business Value and Transactions 12:00 p.m. – 1:00 p.m.

Virtual

14

Title Sponsor: Special Counsel

26

Subject to virtual presentation.

LAS Lunchtime Training Appellate Law GAL – Conditions for Committee Meeting Return to Parental 12:00 p.m. • Lowndes Law Custody Young Lawyers Section Prerecorded Luncheon LAS website 11:30 a.m. – 1:00 p.m.

Health & Wellness Citrus Club (TBD) Committee Meeting LAS Lunchtime 12:00 p.m. • Virtual Training GAL – Advocating Behind the Scenes: FEBRUARY Why Conducting

Professionalism Visits and Gathering Committee Meeting Information is an 12:00 p.m. – 1:00 p.m.

Important Part in the Virtual Advocacy Process Prerecorded Estate, Guardianship LAS Website & Trust Committee Meeting Health and Wellness 12:00 p.m.

Committee Meeting ShuffieldLowman 12:00 p.m. • Virtual LAS Lunchtime Joint OCBA and Paul Training C. Perkins Simple Wills and Related Bar Association Documents Luncheon Prerecorded 11:30 a.m. – 1:00 p.m.

LAS Website Embassy Suites by Hilton Downtown Lawyers Literary Orlando Society CK Hoffler, Esq. Book: Night Boat to

President, National Bar Tangier Association

12:00 p.m. • Virtual

Title Sponsor: Executive Council note that Please OCBA and

Seacoast Bank Meeting Legal Aid seminars and events 4:30 p.m. – 6:30 p.m.

Please note that live Virtual (TBD) may be offered virtually, prerecorded, postponed, OCBAorand Legal Aid Civil Rights Committee cancelled. Please follow the and events seminars Meeting may be offered most current news in the 12:00 p.m. • Virtual virtually, prerecorded, OCBA’s weekly newsletter Criminal Law postponed, or eblast and on the OCBA and Committee Meeting cancelled.

Please websites and social media.

12:00 p.m. • LAS Virtual follow the most Social Security current news in Committee Meeting the OCBA’s weekly 12:00 p.m. • Virtual newsletter eblast and Young Lawyers Section on the OCBA and LAS Board Meeting websites and social 5:30 p.m. • Virtual media.

(TBD)

17 19

27

23

2

Family Law Committee 9 Guardianship 1

5

11 Estate, Seminar & Trust Committee Seminar Speaking of Ethics – Ethical Responsibility in Estates, Trusts, and Guardianships 12:00 p.m. – 1:00 p.m.

Virtual

12

Estate, Guardianship & Trust Committee Meeting 12:00 p.m.

ShuffieldLowman Technology Committee Meeting 12:00 p.m. • Virtual LAS Lunchtime Training Breaking the Vicious Cycle: A Guide to Driver’s License Restoration Prerecorded LAS website

13

Lawyers Literary Society Book: Devil’s Dream 12:00 p.m. • Virtual Judicial Relations Committee Meeting 12:15 p.m. • Virtual

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Meet the Honorable Greg A. Tynan 12:00 p.m. – 1:00 p.m.

Virtual Young Lawyers Section Luncheon 11:30 a.m. – 1:00 p.m.

Citrus Club (TBD)

OCBA Closed - Martin Luther King Jr. Day

18 GOAABA 20 YLS,

Civil Rights Human

Trafficking 12:00 p.m. – 1:00 p.m.

Virtual

21

OCBA Luncheon 11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando

Hon. Jamie Grosshans

Supreme Court of Florida

Title Sponsor: Special Counsel Appellate Practice Committee Meeting 12:00 p.m.

Lowndes Law

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10

11

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880 North Orange Avenue Orlando, Florida 32801

PRSRT STD U.S. POSTAGE PAID ORLANDO, FL PERMIT No. 2530