Orange County Bar Association - The Briefs - July 2017

A Publication of the Orange County

Bar Association

Orange County Bar Association • 2017-2018 Officers and Executive Council

Inside this Issue: President’s Message Before What, Why Liz McCausland, Esq.

July 2017 Vol. 85 No. 6

Chief ’s Column Court Communication Plan for the Judicial Branch of Florida The Honrable Frederick J. Lauten

Social Security Committee Sixteen Years and Counting...

Sarah Patience Fay, Esq.

2017-2018 OCBA Installation of Officers

March 2016 Vol. 84 No. 3

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theBriefs July 2017 Vol. 85 No. 6

www.orangecountybar.org

PAGE 1

Contents 3

13

©2017

Legal Aid Society GAL Tips Advocating for School Stability for Dependent Children Hannah N. Farber, Esq.

President’s Message Before What, Why Liz McCausland, Esq.

4

Professionalism Committee The Professionalism Committee 2017-2018 John Y. Benford, Esq. Amy J. Carter, Esq.

6

18-19

Citizenship Day

7

Chief’s Column Court Communication Plan for the Judicial Branch of Florida The Honorable Frederick J. Lauten

Hearsay Columnist Vanessa A. Braga, Esq. YLS on the Move Jennifer A. Smith, Esq.

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

2017-2018 OCBA Installation Luncheon

25

YLS on the Move Jennifer A. Smith, Esq.

26

Hearsay Vanessa A. Braga, Esq.

29

8

Paralegal Post Onward and Upward: A Message from the 2017-2018 Paralegal Section President Paul Pelton, FRP

Special OCBA Mentoring Program Will Start this Fall!

9

Florida Bar Foundation News Children’s Advocacy Award Goes to Project that Helped Change State Law to Strengthen Children’s Best Interests in Florida Adoption

10

32

New Members

33

Announcements

34

Social Security Committee Sixteen Years and Counting...

Sarah Patience Fay, Esq.

Classifieds

36

12

Legal Aid Society Teaching Tips ID Theft – Yes, It Can Happen to You! Jamos “Jay” Mobley, Esq.

Calendar

Marketing & Sponsorship Manager Amanda Nethero

DEADLINE INFORMATION

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

All contents ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Jessica Leigh, Jessica Leigh Photography ISSN 1947-3968

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

Legal Aid Society Teaching Tips Children in Court Catherine “Kate” York, Esq.

15

Clerk’s Corner Clerk’s Office Living United for Others Tiffany Moore Russell, Esq.

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

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5

OCBA Luncheon

the Briefs

www.orangecountybar.org

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

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

theBriefs July 2017 Vol. 85 No. 6

President’sMessage

July 2017 A Liz McCausland, Esq.

Before What, Why

t the time of this writing, I am one week into my tenure as OCBA president. While there are many aspects of this job I anticipated with excitement, the “President’s Message” is not one of them, if I am to be candid. There’s a lot of pressure for me associated in writing this message! For years, I have read the words and musings of attorneys I respect a great deal.

Sometimes, I learned something about the bar.

Sometimes – my favorite times – I learned something about the person writing the column. My predecessors have been witty, smart, and inspirational, and they have set the bar high for me.

I may not produce perfectly phrased nuggets of wisdom or correct sentence structure like those before me, but I promise to do my best to not make you regret the five minutes you spend reading the president’s monthly message. I can only hope that you may learn something about the issues facing our bar or our profession, or that you may learn something about me that will help us build upon our relationship in this bar. In that vein, let me answer for you the most asked questions I received in the months prior to becoming president.

The most popular question: Are you ready?

Answer: Are you ever really ready?

Real answer: I don’t know. I think so!

The second most popular question: What is your platform or vision for the future of our profession and the OCBA? Answer: How much time do you have?

Real answer: What I am going to do as president is really secondary to why I have sought the position. You can’t understand the what until you understand the why.

The why is simple for me. During some of my darkest moments, while facing my greatest challenges, members of this bar were some of my first and most ardent supporters. Those who attended the recent June luncheon have heard the story, but for those who don’t know, I will try to sum it up in brief.

In 2005, my mother, a Vietnamese-born American citizen, travelled back to Vietnam for a wedding. She had applied for and received a visa to enter the country, so the Vietnamese government knew she was coming. Indeed, within eight hours of landing, my mother was arrested. She had been pulled over on the side of the road and

theBriefs July 2017 Vol. 85 No. 6

was held without notice to the American government, a requirement under the terms of the Geneva Convention. Her crime was not a traffic infraction. Her crime was sharing her thoughts about democracy in Vietnam while she was here in the United States. In other words, she spoke freely about the need for Vietnam to be a democracy, in a country where she is allowed to speak about things she believes.

The Vietnamese government confined her in a 9' x 12' jail cell for 14 months. I had no contact with her for those months, and as her only child, I was left to try to secure her release, run her commercial landscaping business, pay her mortgage, and try to maintain her life here should she return.

At the same time, I had to maintain my relationships, practice law, protect my clients, and try to get some sleep. This was no easy task when there was an eleven-hour time difference between Florida and Vietnam.

There is obviously more to the saga, but the important part is that it was members of this bar who brought her home. In the years before my mom’s arrest, I had participated in young lawyer events and had built many relationships with other lawyers. When events surrounding my mom’s arrest and detainment unfolded, it was these relationships that would bring her home.

The cultivation and organic development of friendships led friends like Leon Handley, Esq., to attend a young lawyers luncheon and ask thenCongressman Ric Keller to speak with me. It was the years of serving on the YLS Golf Tournament committee with now past-OCBA president Woody Rodriguez, Esq., that led to him asking then-Senator Mel Martinez to meet with me. It was my plea for signatures on a petition at a luncheon that struck a chord with Judge Wattles and led to him sending me his tickets to a hob-nob, so I could solicit more help. It was the numerous lawyers I knew from this bar who walked my mom’s petition to be freed around their firms. In the days before Facebook and social media, we spread news with email and personal pleas. There is no way that I, as one person, could have had the impact this bar collectively created. There was not a day that I did not receive some suggestion, some contact, or some encouragement from a member of this bar.

So, when I am asked WHAT I want to do as president, I have to start with WHY I want to be

www.orangecountybar.org

continued page 27

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ProfessionalismCommittee

T John Y. Benford, Esq.

Amy J. Carter, Esq.

The Professionalism Committee 2017-2018

he Professionalism Committee wrapped up the 2016-2017 year under the leadership of Kate T. Hollis, Esq. In February, the Professionalism Committee, together with the Business Law Committee, presented a major seminar entitled “Professionalism in Negotiation: Transactions, Litigation and Mediation.” Speakers included the Honorable Alice Blackwell; the Honorable John M. Kest; the Honorable Donald A. Myers, Jr.; John Y. Benford, Esq.; Keshara Davis Cowans, Esq.; Debra J. Davis, Esq.; R. David de Armas, Esq.; James F. Goldsmith, Esq.; Lawrence H. Kolin, Esq.; Barbara J. Leach, Esq.; Howard R. Marsee, Esq.; Patricia Ann Toro Savitz, Esq.; Julie E. Walbroel, Esq.; Jonathon D. Wallace, Esq.; and Tad Yates, Esq. A copy of the seminar, with a total of 6.0 general CLE credits, including 2.0 ethics and 1.5 professionalism credits, will be available in the OCBA Store soon.

The chair of the Professionalism Committee for the 2017-2018 year is John Y. Benford, Esq. John practices commercial and business litigation at Wilson, Elser, Moskowitz, Edelman & Decker, LLP. Amy J. Carter, Esq., who practices in the areas of nursing home defense and general liability at Quintairos, Prieto, Wood & Boyer, P.A., is the committee’s vice chair. This summer, the committee, along with the Technology Committee and the OCBA Young Lawyers Section, is presenting a minor seminar series about the use of social media in practice. The first session took place on June 22, 2017, with a focus on attorney conduct on social media. The next two sessions,

on client conduct and advertising, will take place at noon on July 26, 2017 and August 23, 2017, at the OCBA Center.

Later this year, the committee will begin accepting nominations for the 2017 OCBA Professionalism Awards. These are the most prestigious awards presented by the OCBA each year. The Professionalism Committee recognizes individuals whose conduct and career stand as a model of success built on unquestioned professionalism, service, civility, integrity, and respect for the legal system. The nomination forms will be available on the OCBA website and at the OCBA office beginning in October. Recipients are selected in January, and the awards presentation ceremony will be held on Friday, March 9, 2018.

Congratulations once again to the 2017 Professionalism Award Recipients: The Honorable Arthur B. Briskman, recipient of the James G. Glazebrook Memorial Bar Service Award; Charles T. Wells, Esq., recipient of the William Trickel, Jr. Professionalism Award; and Karen Persis, Esq., recipient of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award.

John Y. Benford, Esq., an attorney with Wilson, Elser, Moskowitz, Edelman & Decker, LLP, practices commercial and business litigation. He has been a member of the OCBA since 1995. Amy J. Carter, Esq., an attorney with Quintairos, Prieto, Wood & Boyer, P.A., practices in the areas of nursing home defense and general liability.

She has been a member of the OCBA since 2012.

PAGE 4 www.orangecountybar.org

theBriefs July 2017 Vol. 85 No. 6

OCBA LuncheonThursday, July 27, 2017 Shareholder Allen, Dyer, Doppelt & Gilchrist, P.A. Herbert L. Allen, Esq., an AV Preeminent Top Rated Lawyer by Martindale-Hubbell, is a Florida Board Certified Intellectual Property Law attorney. He has substantial experience in litigating patent, trademark, copyright, trade secret, and computer software-related claims in state and federal courts.

Herbert L. Allen, Esq.

Herb also possesses patent prosecution and licensing experience in a variety of technical areas, including: computer systems and software, detection and communications systems, laser physics, medical devices and treatment systems, solid state devices and circuits, material handling and treatment systems, metal and composite containers.

He received a bachelor of electrical engineering from the University of Florida in 1962, his juris doctor from the University of

Florida in 1968, and a masters of law degree in 1972 from New York University School of Law in trade regulation.

Among other affiliations, Herb is a member of the American Board of Trial Advocates and The Florida Bar Business Law Section, Intellectual Property Committee. He is a Fellow of The Florida Bar Foundation.

Throughout his career, Herb has contributed to the Legal Aid Society of the Orange County Bar Association, Inc. as a Guardian ad litem for dependent children, and has been a member of the Orange County Bar Association since 1978. He is the recipient of the Orange County Bar’s 2015 William Trickel, Jr. Professionalism Award.

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

Sponsored by:

225 S. Garland Avenue • Orlando, FL 32801 Please RSVP by Monday, July 24, 2017 RSVPs will not be accepted after July24, 2017 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

July 24, 2017

To cancel, contact Sasha Jaquith at sashaj@ocbanet.org

See cancellation policy on the OCBA website homepage.

theBriefs July 2017 Vol. 85 No. 6

www.orangecountybar.org

PAGE 5

Clerk’sCorner

Clerk’s Office Living United for Others

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

ne of my passions has always been to give back to our community to make a difference in the lives of the people I serve. That’s why I am excited to share with you that my office is proudly in the midst of this year’s Heart of Central Florida United Way campaign.

Last month’s memorial of the Pulse tragedy shows first-hand how people in our community, in an instant, can be hurting and in need. United Way made it possible during that tragedy for people to give directly to the fund that helped the families of the victims.

Each year I designate my United Way giving to specific causes, such as helping young women become successful. One example is the LANES organization, which stands for Loving, Assisting, Nurturing, Educating & Supporting Teenage Girls.

This wonderful non-profit group mentors girls to help them develop character and skills so they can become responsible, productive young women.

At the Clerk’s Office last year, we exceeded the goal we set that would allow us to make a difference in our community. We raised more than $25,000! And this year, we hope to surpass that as we strive to realize our goal of more than $27,000.

We can never reach these milestones without the hard work and dedication of our employees, who either give pledges or help with events to raise donations. I am proud of everything our employees, their families, and our volunteers do to help make a difference and serve our community.

The Clerk’s Office has participated in the Heart of Florida United Way campaign for more than a decade now, and I am excited to see what we can accomplish – together – during this year’s campaign.

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

JUMP START YOUR CAREER!

Recipient of The Florida Bar’s Henry Latimer Center for Professionalism 2016 Group Professionalism Award

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The Fundamentals of Practice in Orange County

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• Learn how to navigate the legal system from the experts –judges, court officials, & seasoned attorneys • Get tips on court procedures & processes • Learn the nuts & bolts of starting your own practice Before May 1, 2017: Earlybird Price: $150 – student or current OCBA member $175 Non-member After May 1, 2017: $175 – student or current OCBA member $195 Non-member

Includes breakfasts, lunches, receptions, & OCBA student membership! • 8.0 CLE

Enroll online today! www.orangecountybar.org or contact 407-422-4551, ext. 225

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PAGE 6 www.orangecountybar.org

theBrief s July 2017 Vol. 85 No. 6

Chief’sColumn

I

Court Communication Plan for the Judicial Branch of Florida

n January 2016, the Florida Supreme Court, through the Education and Outreach Workgroup of the Judicial Management Council, adopted a Court Communication Plan. This plan supports a more comprehensive long-range strategic plan for Florida’s justice system to reinforce its mission “to protect rights and liberties, uphold and interpret the law, and provide for the peaceful resolution of disputes.”

The Court Communication Plan identifies highThe Honorable Frederick J. Lauten priority issues, including an emphasis on improvChief Judge ing communication methods so we can more effectively deliver our message to the community.

Ninth Judicial Circuit Court The plan identified the use of technology and social media as tools the circuits could harness to improve their communication efforts. I am pleased to report that the Ninth Circuit is meeting and exceeding the plan’s goals in these areas.

Social media, for example, is becoming the preferred method of communication for many of our constituents – and not just the “younger” generation. The Ninth Circuit is among the most socially connected courts in the country, with a robust digital platform across most social media, which we are using effectively to communicate with the public and court stakeholders.

Our Facebook page, @NinthCircuitFL, is a popular site for us to push out information to our followers. We make announcements and share photos and stories of key events, including instances where our judges and staff attend events in the community and give presentations at court outreach programs. A recent post announcing the appointment of Judge Tanya Davis Wilson to a circuit judgeship generated our highest level of activity since the page’s inception, reaching nearly 72,000 Facebook users. Twitter, the most concise and instantaneous social medium, helps many government entities effectively communicate with the media in times of breaking news.

Through our Twitter page, @NinthCircuitFL, we effectively communicate with the media information regarding court proceedings. The court’s use of social media provides greater transparency and wider access to information about the court system – several of the key goals of the Court Communication Plan.

theBriefs July 2017 Vol. 85 No. 6

We also have an award-winning website, www. ninthcircuit.org, which highlights comprehensive information about the courts, the judges, court programs, and jury service. We are in the process of adding short instructional videos to many of the webpages so visitors can prepare for a visit to the courthouse. We understand that many members of the public see the courthouse as an intimidating place and are uncertain about what to expect when they arrive here. For this reason, we want to provide them with as much valuable information as possible to allay some of their fears so they are not concerned with issues of parking or security questions and are able to participate actively in court proceedings.

I hope you’ve taken the time to listen to our podcast called “Open Ninth.” Accessed through our website, Vimeo, and iTunes, these podcasts provide insightful information about the legal system and reveal a behind-the-scenes look at our judges, attorneys, and court stakeholders. We have been producing these informative podcasts since 2016. They cover a wide variety of topics from detailed information regarding adoptions to technology advances in the courtroom to the media’s role in covering the court system – a session that featured NBC’s Kerry Sanders. Many of our judges have been featured, too, on topics including what it’s like to serve as an emergency duty judge, growing up in and fleeing from Cuba, and battling cancer while serving on Florida’s Supreme Court.

These efforts – and many more like them – are in place to tell our stories, but they accomplish a greater goal of enhancing the public’s trust and confidence in the judicial system. I am pleased that just one year into the plan, our circuit is exceeding the Court Communication Plan’s goals.

I encourage you to share our efforts so we can continue to deliver our message to the Central Florida community.

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

www.orangecountybar.org

PAGE 7

Special

OCBA Mentoring Program Will Start this Fall!

Can you remember your first time?

Were you nervous?

Maybe unsure of what, exactly, you were supposed to do?

Concerned about being embarrassed if you said the wrong thing?

Y

our first time in the courthouse as a newly-licensed lawyer can be a nerve-racking experience (wait… what did you think I was talking about?).

It might have been nice to have someone other than your boss to talk to and ask those “dumb” little questions. This is where the OCBA’s mentoring program comes in.

The mentoring program is now entering its third season and is shifting from the spring to the fall to better align with the other OCBA mentoring programs – the YLS law student mentoring program and the New Lawyer Training program. The OCBA’s mentoring program is somewhat unique in that it is limited to only four months, but participants are expected to meet in-person at least four times during those four months.

“I would like to thank the OCBA for putting this program together. I don’t think I could have been paired with a better mentor than Capt.

Thomas Feiter, Esq., of the Fighter Law Firm. He is extremely accessible, he has provided amazing feedback and insight, and I now consider him to be a friend and, importantly, a mentor.”

– Daniel E Sercombe, Esq., Sercombe Law, Mentee 2017

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www.orangecountybar.org

“This is my second year in the OCBA Mentor/Mentee program and WOW, I continue to receive more than I give... I am still meeting monthly with my first year mentees, and they have now become my friends and colleagues... LOVE this program and will continue to participate. What a great way to give back.”

– Lynn B. Aust, Esq., Aust Law Firm, Mentor 2017 Many of you have participated during our first two seasons as either mentors or mentees, and we are grateful for your participation. If you found it rewarding, we would appreciate your help recruiting new participants. Using the hashtag #OCBAmentoring, please share your experience and photos on LinkedIn, Facebook, Twitter, or your favorite social media and help us spread the word! Applications can be found on the OCBA website, in the OCBA’s weekly Discovery emails, or by contacting the program chair, Kristopher Kest, Esq., at kristopher.kest@kestfamilylaw. com. Applications will be due in August 2017.

Kick-off Luncheon: Sept. 1, 2017 Application deadlines: Mentor – Aug. 1, 2017 Mentee – Aug. 16, 2017 Applications available at orangecountybar. org/mentoring

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Florida Bar FoundationNews

T

Children’s Advocacy Award Goes to Project that Helped Change State Law to Strengthen Children’s Best Interests in Florida Adoption

he Legal Aid Society of the Orange County Bar Association, Inc., has been selected to receive The Florida Bar Foundation’s Paul Doyle Children’s Advocacy Award for its work on a case that was instrumental in winning passage of the Child’s Best Hope Act, a new law that allows Florida judges to apply the child’s best interest standard in decisions about adoption intervention.

Guardian ad Litem Kate York, Esq., of the Legal Aid Society and several Orlando pro bono attorneys, including Jamie Bil l o t t e M o s es, Esq., Tom Young, Esq., Christopher Carlyle, Esq., and the late John Hamilton, Esq., each played a role in representing a boy named Lucas, who was two years old when his father murdered his mother in front of him. A frequent and longtime volunteer for the Legal Aid Society, Hamilton was in the end stages of lung cancer when representing the child pro bono Holding a photo of John Hamilton, Esq., are Jamie Billotte and had to call on others for help in two separate Moses, Esq.; Viviane Acarie, appeals.

Lucas’ aunt; Kate York, Esq.; and Lucas’ father had sought to have his own mother Tom Young, Esq. adopt the child, who had been living with his maternal aunt since the murder and scarcely knew his paternal grandmother. The aunt, who had a close relationship with Lucas since he was born, wanted him to remain with her and her family, which included a female cousin about his age with whom he had bonded.

At the time, Florida law considered “best interest” differently in family law and dependency cases, and it was unclear whether the best interest standard applied and whether it trumped the father’s parental rights.

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The egregiousness of the situation made a strong case to support the efforts of the Statewide Guardian ad Litem Office, which had been working with the Florida Legislature to clarify the consideration courts must give to the best interests of the child under the statute.

Legislators heard the message loud and clear, and in March 2016, the Child’s Best Hope Act was signed into law. Under the new law, dependency judges can weigh factors including the permanency offered, caregiver bonds, the stability of the adoptive home, the child’s preference when it can be reasonably determined, and what is best for the child.

“Now it’s very clear that courts can consider the child’s best interest in determining whether to permit intervention and adoption at the parent’s direction,” Young said.

The Paul Doyle Children’s Advocacy Award honors Paul C. Doyle, Esq., founding director of the Foundation’s Legal Assistance for the Poor and Law Student Assistance grant programs (1991 to 2013), in recognition of his commitment to high-quality legal representation of Florida’s lowincome children; for encouraging grantee programs to collaborate across geographic regions in order to bring the benefit of legal advocacy to low-income children regardless of their county of residence; for his strong and consistent support of Florida Bar Foundation Legal Assistance for the Poor and Law Student Assistance grantees; and for a career dedicated to promoting high-quality legal representation of the poor.

The award recognizes and encourages systemic legal advocacy on behalf of low-income children

by Florida Bar Foundation Legal Assistance for the Poor general support and Children’s Legal Services grantees. First runner-up was Florida’s Children First for its project to improve access to higher education for former foster youth, and second runners-up were Florida Legal Services and the Legal Aid Society of Palm Beach County for a project to ensure lawfully residing immigrant children would receive KidCare coverage.

www.orangecountybar.org

PAGE 9

Social SecurityCommittee

I Sarah Patience Fay, Esq.

Sixteen Years and Counting...

t’s not always easy for disabled people to obtain the disability and Medicaid benefits to which they are entitled. Consider the case of Brenda Quanstrom, who applied for disability benefits more than sixteen years ago. Ms. Quanstrom has asked me to set forth the details of her saga and has waived her right to confidentiality so that other people may see that the current system may be flawed.

Ms. Quanstrom had never been able to hold a job for more than a couple of months at a time since she started working as an adult. She grew up dealing with mental health problems and, as an adult, she was involved in a couple of car accidents that severely affected her cervical and lumbar spine. Ms. Quanstrom had not worked long enough to qualify for Social Security Disability Insurance, but it finally came to the point that she decided to file for Supplemental Security Income1 (“SSI”) payments on February 28, 2001.

Little did she know that she was embarking on a sixteen-year battle with the Social Security Administration that would end up with her losing her children, becoming homeless, going without necessary medical treatment, and becoming a victim of sexual assault.

After applying for SSI, Ms. Quanstrom was denied benefits at the initial level, reconsideration level, and after a hearing by a Social Security Administrative Law Judge (“ALJ”). She requested review of that decision by the Social Security Commissioner’s Appeals Council, and they agreed that the ALJ’s decision was not based on the correct legal standards. The Appeals Council ordered the ALJ to give Ms. Quanstrom a new administrative hearing.

During the pendency of these proceedings, Ms. Quanstrom’s children were taken from her by the State of Florida as she was unable to properly care for them at that time because of her psychological and physical impairments. Because she no longer had minor children under her care, the State of Florida also took away her Medicaid coverage.

Ms. Quanstrom was unable to obtain needed medical treatment and medications. Left with no other option, she began self-medicating in order to deal with her psychological impairments. On three different occasions, Ms. Quanstrom tried to commit suicide by overdosing. These overdoses led to her being involuntarily committed under Florida’s Baker Act.2 Ms. Quanstrom’s family tried to help her as best they could during this time period, but their resources were limited.

PAGE 10

www.orangecountybar.org

In 2004, a second administrative hearing was held before the same ALJ and he again found Ms. Quanstrom not disabled. Ms. Quanstrom requested review of the decision, but this time the Appeals Council summarily denied her request for review. She filed a complaint in the United States District Court for the Middle District of Florida Orlando Division3 and the federal court agreed that the ALJ had not applied the correct legal standards in her case. The federal court ordered Social Security to provide Ms. Quanstrom with a new hearing.

In 2006, a third administrative hearing was held before a different ALJ. Through no fault of Ms. Quanstrom, two supplemental hearings were held in 2007. In 2008, the ALJ found Ms. Quanstrom not disabled. She once again requested review of the ALJ’s decision and months later, the Appeals Council denied her request for review. However, neither Ms. Quanstrom nor her representative ever received a copy of this denial.

Despite numerous attempts to receive a copy of the denial, she did not actually receive a denial from the Appeals Council until another decision was re-issued more than four years later in 2012.

While waiting for the Appeals Council to reissue its denial, Ms. Quanstrom’s family became unable to provide her with any further support.

They had helped her as much as they could, but they could no longer afford to take care of her.

Ms. Quanstrom was forced to live at the Coalition for the Homeless in Daytona Beach because she did not have anywhere else to go.

In 2011, Ms. Quanstrom filed a subsequent claim for SSI which was denied at the initial level, reconsideration level, and after a hearing by an ALJ. She again requested review of the ALJ’s decision, which was denied by the Appeals Council. In 2014, Ms. Quanstrom appealed that denial to the United States District Court for the Middle District of Florida Jacksonville Division.4 In 2015, the federal court once again determined that the ALJ failed to apply the correct legal standards in Ms. Quanstrom’s case and ordered the Social Security Administration to provide her with a new hearing.

Ms. Quanstrom appealed the Appeals Council’s 2012 re-issued denial to the United States District Court for the Middle District of Florida Orlando Division, and in 2013 the federal court again agreed that the ALJ failed to apply the cor

theBriefs July 2017 Vol. 85 No. 6

rect legal standards in her case.5 Upon remand, the Social Security Administration noted that she had a subsequent claim that was pending in federal court and ordered the ALJ to adjudicate the time period from February 2001 through August 2011.

In January 2015, another administrative hearing was held before an ALJ. In April 2015, the ALJ found Ms. Quanstrom not disabled. Ms. Quanstrom appealed that decision directly back to the United States District Court for the Middle District of Florida Orlando Division.

In August 2015, Ms. Quanstrom called my office crying because the shelter where she had been staying was infested with bed bugs. She had bites all over her body that severely itched and burned. She told me she could no longer stay there and she decided she would be better off living in the woods. Only a few weeks later, I received another call from Ms. Quanstrom. She had been sexually assaulted while living in the woods. Ms. Quanstrom was allowed to stay at a women’s shelter for six weeks before she needed to find someplace else to live. Luckily, she was put in touch with an Ormond Beach pastor at the Ormond Beach Alliance Church that had opened its doors to twenty-eight homeless people.

Ms. Quanstrom was grateful for a safe place to stay. At night, Ms. Quanstrom would sleep either on a wooden pew or on the floor, but it was better than sleeping out in the woods.

On June 23, 2016, Magistrate Judge Gregory J. Kelly issued a Report and Recommendation in Ms. Quanstrom’s federal appeal in which he noted: Having carefully considered Claimant’s argument, the lengthy history of this case, as well as the nature, extent and persistence of the errors in this case, the undersigned agrees that Claimant has suffered an injustice and another remand for further proceedings would only exacerbate that injustice. There is no just reason why a proper decision on the merits that accurately characterizes, considers, and weighs the medical evidence regarding Claimant’s mental impairments, which is supported by substantial evidence, could not have been issued in the past fifteen years.

Judge Kelly recommended that Ms. Quanstrom’s “case be REVERSED and REMANDED for an award of benefits from February 28, 2001 through August 3, 2011.” (Emphasis in original.)6 theBriefs July 2017 Vol. 85 No. 6

On July 15, 2016, District Judge Roy B. Dalton entered an order adopting Magistrate Kelly’s Report and Recommendation.7 Judge Dalton wrote separately to: underscore that the Court is deeply troubled by the manner in which this case has been handled at the administrative level and to add this voice to Magistrate Judge Kelly’s observations.

Social Security disability benefits are intended to be a lifeline to those unable to engage in gainful employment.

However, even with the most attentive handling, the hurdle to qualifying and obtaining those benefits is exacting and arduous. Commonly, the needs of the applicant go unmet for long stretches of time as the claim winds its way through the administrative and legal process. Procedural and evidentiary safeguards are, of course, essential to ensure that scarce tax resources in the form of benefits are

limited to only those who meet the stringent standards for establishing entitlement. Thus, the need to protect against fraud requires close examination of each individual claim. Nevertheless, it is clear that the handling of this claim at the administrative level has been a travesty by any objective measure and has worked to inflict a grave injustice upon the Plaintiff.

The federal court judges rarely enter an order remanding a Social Security case for an award of benefits as the typical remedy is to remand the case for a new administrative hearing. In Ms. Quanstrom’s case, the Social Security Administration had multiple chances to properly evaluate her claim over a span of fifteen years. At any time, my office has approximately 100 Social Security appeals pending in federal court. The number of appeals are so high because the Social Security Administration routinely issues denials that are not

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PAGE 11

Legal Aid SocietyTeaching Tips

I Jamos “Jay” Mobley, Esq.

ID Theft – Yes, It Can Happen to You!

t’s that time of year again when I present tips on consumer matters. Usually, I would talk about debt collections, garnishment issues, or perhaps student loan debt. However, this year I want to talk about identity theft. Why identity theft, you ask? For one, Florida is consistently ranked among the top three states for identity theft and fraud cases. But let’s cut to the real reason – my identity was recently stolen. Yep! That’s right, it happened to me.

In my case, the identity theft came in the form of two online applications for credit cards in my name. Someone had my Social Security number, date of birth, and, thankfully, my old address from two years ago. The reason I say thankfully is the creditor flagged both applications since they did not match the current address on my credit profile. In fact, the company called me to ask whether these applications were from me. As a consumer defense attorney, I don’t usually sing the praises of creditors or their practices – but this time I am.

Unfortunately, most fraudulent applications are not caught by the creditor. The sad truth is that in today’s online, cloud-based, insecure, data-breach society, identity theft is commonplace – especially in Florida. While there are many steps you can take to minimize a client’s risk – or your own – of becoming a victim of identity theft, most clients will come to you after their identity has been stolen. So, here are my tips to assist someone who has been the victim of identity theft.

First, you should familiarize yourself with the Federal Trade Commission’s (“FTC”) website and its publication entitled Taking Charge: What to do if Your Identity is Stolen (available at https://www. consumer.ftc.gov/articles/pdf-0009-taking-charge. pdf). This publication is a step-by-step guide to recover from identity theft. Whether you have the client complete these steps or you assist him or her with the process, it is a valuable resource. In the interest of brevity, in this article I am highlighting the first few steps that need to be taken immediately once identity theft is discovered.

1. Immediately place an initial fraud alert with all three credit reporting agencies – Equifax, TransUnion, and Experian.

While the materials from the FTC say you only need to contact one credit reporting agency, I contact all of them just to be safe.

You can do this with a phone call or a few clicks on their website. This initial fraud alert will stay on the credit report for 90

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days. During that time, a business must verify identity before issuing any type of credit. Depending on the severity of the case, consider requesting a credit freeze. A credit freeze means that potential creditors cannot access your credit report. Hence, they will not issue credit. A client can lift the freeze temporarily if he or she wants to allow access for a credit transaction.

2. Have the client file a police report. Unfortunately, the vast majority of these cases go unsolved. However, the report itself will help you when you work with reporting agencies to correct a client’s credit file.

3. If a client files a fraud alert, he or she is entitled to a free credit report from all three agencies. Get these reports! Review them thoroughly to identify any fraudulent entries, and mail a dispute letter to have these fraudulent transactions removed from the credit profile.

4. Submit an online complaint about the theft to the FTC and create an Identity Theft Report. This report consists of a copy of the FTC complaint, an identity theft affidavit, and the police report. The affidavit template can be found on the FTC website or in the publication mentioned above. A client has the right to have fraudulent entries removed from his or her credit profile.

Having this report will add credibility to a request to remove the fraudulent entries.

Finally, keep in mind that the recovery process can be a long and frustrating ordeal for clients.

Depending on the severity of the fraud and the number of creditors involved, it can take a year or more to sort it out – and that’s for relatively minor credit account fraud. If the identity theft involves renting an apartment, transfer of real property, or more aggressive types of identity fraud, the client is in for a lengthy battle to recover his or her identity and correct his or her credit profile.

For more information, please contact Jay Mobley, Esq., at jmobley@legalaidocba.org, or 407-8418310. For more information about how to become a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@ legalaidocba.org, or 407-515-1850.

Jamos “Jay” Mobley, Esq., is a staff attorney at the Legal Aid Society of the OCBA, Inc. He has been a member of the OCBA since 2012.

theBriefs July 2017 Vol. 85 No. 6

Legal Aid SocietyGAL Tips

Advocating for School Stability for Dependent Children

I Hannah N. Farber, Esq.

f you have generously served as a Legal Aid Society volunteer attorney Guardian ad Litem (“GAL”) for children in foster or out-of-home care, you have probably witnessed a child abruptly change schools in the middle of the school year. Foster children are, on average, two grade levels behind peers of their own age. Half of foster youth complete high school by age 18, and only 3% will earn a college degree by age 25. Foster youth often have low standardized test scores, high levels of grade retention, and disciplinary and behavioral issues.

The dependent children we serve change residences and schools frequently, both when they come into care and when their placements change while in care. Federal and state governments have recognized that school stability is essential in improving educational outcomes for foster children, and key legislation has been passed to tackle these issues. The Every Student Succeeds Act (“ESSA”), signed by President Obama on December 10, 2015, enhances legislative provisions aimed at protecting children in foster care. ESSA, which took effect one year later, on December 10, 2016, requires collaboration between child welfare agencies and state and local educational agencies to ensure school stability for foster children.

The provisions emphasize the need to limit school disruption by keeping foster children in their school of origin (the school in which a child is enrolled at the time of placement in foster care) when the child initially enters foster care and when the child changes placements. Educational and child welfare agencies must work together to ensure children in care remain in their school of origin, unless it is determined that remaining in their school of origin is not in the child’s best interest. If staying at the school of origin is not in the child’s best interest, the child shall be immediately enrolled at his or her new school, even if records generally required for enrollment are not immediately available. The new school shall immediately contact the school of origin to obtain relevant records.

The decision to enroll a child in a new school relies on a best interest standard, but who is involved in making this determination and what factors are considered? Child welfare and educational agencies must make an effort to obtain input from relevant parties, including the child (depending on age); biological parents (when appropriate); foster parents, relative and non-relative caregivers, or other education decision makers; GALs;

theBriefs July 2017 Vol. 85 No. 6

dependency case managers; and individuals who are knowledgeable about the child’s education and have meaningful input to offer.

The U.S. Department of Education and U.S. Department of Health and Human Services issued a joint guidance on ESSA’s foster care provisions, which provides the following factors that may be considered in determining whether remaining in a child’s school of origin is in the child’s best interest: • Preferences of the child; • Preferences of the child’s parents or education decision makers; • The child’s attachment to the school, including meaningful relationships with staff and peers; • Placement of the child’s siblings; • Influence of the school climate on the child, including safety; • The availability and quality of the services in the school to meet the child’s educational and socioemotional needs; • History of school transfers and how they have impacted the child; • How the length of the commute would impact the child, based on the child’s developmental stage; • Whether the child is a student with a disability under the IDEA* who is receiving special education and related services or a student with a disability under Section 504 who is receiving special education or related aids and services and, if so, the availability of those required services in a school other than the school of origin; and • Whether the child is an English Learner (“EL”) and is receiving language services and, if so, the availability of those required services in a school other than the school of origin. *Individual with Disabilities Education Act

The cost of the child’s transportation to and from school should not be considered when determining the child’s best interest. As best interest advocates, GAL advocacy for school stability and input on the above-listed factors can have a significant impact on the educational outcomes for dependent children. ESSA law is proof positive

www.orangecountybar.org

continued page 27

PAGE 13

Legal Aid SocietyTeaching Tips

N Catherine “Kate” York, Esq.

Children in Court

ot surprisingly, a topic that frequently arises in dependency court is whether children should be brought to court for dependency hearings. When a pro bono Guardian ad Litem (“GAL”) asks whether she should advocate for attendance, she often receives a very lawyerly and unsettling answer: “It depends.” It does, indeed, depend – on the child’s age, maturity, health, mood, and for teenagers, their constantly changing feelings at any given moment.

The child is a party to the dependency case and “has the right to be present at all hearings” pursuant to Rule of Juvenile Procedure 8.255(b)(1) (2016). This even includes hearings involving the possibility that the child will be placed in a residential treatment facility. Rule 8.255(b)(3) gives the judge the power to reset a hearing to ensure the child’s presence in court. Pursuant to Rule 8.255(b)(2), the court may also excuse the child from any portion of a hearing if it is in the child’s best interest. Therefore, the child should be present at every court hearing unless there is a finding that appearance is not in his or her best interest.

It is important for the GAL to note that pursuant to Rule 8.350(a)(10), the child “must be provided the opportunity to express his or her views by a method deemed appropriate by the court.”

While the court ultimately makes the determination whether it is in the child’s best interest to appear at hearings, the court will look to the assigned GAL for a recommendation on this issue. This means it is essential for a GAL to inform the court of her objective recommendation as to whether it is in the child’s best interest to appear, as well as to convey the child’s opinion regarding attendance. We recommend that GALs evaluate whether the child should be present in court before each hearing. As a rule, a few days prior to the court hearing, if the GAL believes the child is old enough to understand, she should ask the child whether he or she would like to attend court.

The analysis as to whether presence at court is in the child’s best interest encompasses many factors. One should consider: 1. The age of the child (either physical or emotional age); 2. The nature of the hearing (is it a judicial review where the child can speak to the judge and give important input, or is it an arraignment where the issue is very narrow and primarily involves the parents?);

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3. The child’s desire to attend court; 4. Any “no contact orders” between the child and a parent that might be violated by the child appearing in court; 5. Whether it would be emotionally harmful for the child to hear certain information or see a parent in court (for instance, if the parent is shackled because of incarceration, or if there was sexual abuse or other egregious abuse perpetrated by a parent); and 6. School or other events the child might miss because of court.

It is important to look at each child’s unique needs before making a recommendation.

There are distinct benefits of having a child attend court hearings. Children involved in the dependency process often feel as if they have no voice. They do not make the final determination of where they live, what school they attend, or how often they see loved ones. They have been separated from their family, and often do not understand why. What is worse, they do not know when they may return home, if ever. Attending court, speaking with the judge, and being informed gives these children a sense of empowerment, even if the hearing outcome is not what they desired.

The Ninth Judicial Circuit has established the “K9th Circuit Program,” which is immensely helpful in making children feel more comfortable at the courthouse and in the courtroom. All therapy dogs and their owners used by the Ninth Circuit are Therapy Dogs International (“TDI”) certified members of Companions for Courage.

To take advantage of the program, the GAL should file a formal motion, including whether the parents have any objections to having a therapy dog for their child. Once an order is entered permitting a courthouse dog to accompany a child to a court hearing, courthouse administrator Laura Brimmer will quickly assign one to the child. In addition, the courthouse dogs are often present at the courthouse during the day to comfort children who are present for emergency hearings. Please call 407-836-DOG9 (3649); email k9circuit@ocnjcc.org; or visit the website at http://www.ninthcircuit.org/about/programs/ k9th-circuit-program for additional information about the K9th Circuit Program. continued page 30

theBriefs July 2017 Vol. 85 No. 6

Legal Aid Society Photo Op The Legal Aid Society of the Orange County Bar Association, Inc. held its “Citizenship Day” on Saturday, May 13, 2017, at Church on the Drive located on Edgewater Drive. Our community partners included Mi Familia Vota.

Many hopeful legal permanent residents of the U.S. were thrilled to receive free legal services to help them in their journey to become citizens. One young man stated that he “owes so much to the U.S. and it would be his honor to become a citizen of this great country.” Special thanks to the following:

Cathy Tucker, Esq. Benjamin Rust II, Esq.

Lay Volunteers Abby Adkins Erica R. Berger-Hausthor Rebecca Bloomquist Mickey Boyd Lea Buehlman Gabriella Diaz-Sosa Caitlin Carlander Mathew Fontes Heather Hill Michelle Ku Selena A. Lee Alfred Lehmann Brittany Melendez Edmund Milford Elisha Noel Fernando J. Paredes Kevin Pavlas Melissa Peltier Jeff Riesland Jessica Schaffer Sandra Wellmon

Courtney Rineer, Esq. Abby Adkins

Ariatna Villegas-Vazquez, Esq. Larri Thatcher, Esq. Courtney Rineer, Esq.

Pro Bono Attorneys Yazin Abdin, Esq. Gisselle Martinez, Esq. Courtney Rineer, Esq. Kate Aschenbrenner Rodriguez, Esq. Benjamin Rust II, Esq. Ariatna Villegas-Vazquez, Esq. Without the support of pro bono volunteers, the Legal Aid Society of the Orange County Bar Association could not do the great work that it does. theBrie the Brieffss July July 2017 2017 Vol. Vol.85 85 No. No.66

Jeff Riesland

www.orangecountybar.org www.orangecountybar.org

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theBriefs July 2017 Vol. 85 No. 6

Orange County Bar Association • 2017-2018 Officers and Executive Council Not pictured in group photo:

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Front: LaShawnda K. Jackson, Esq., Secretary; Mary Ann Etzler, Esq., Treasurer; Liz McCausland, Esq., President; Wiley S. Boston, Esq., Immediate Past President; Middle: Amber N. Davis, Esq.; Keshara D. Cowans, Esq.; Karen L. Persis, Esq.; Jessica A. Travis, Esq.; Back: Kristopher J. Kest, Esq.; William A. Davis, Jr., Esq.; Gary S. Salzman, Esq.; Eric C. Reed, Esq.; Eduardo J. Fernandez. Esq.; Anthony F. Sos, Esq.; Ryan Williams, Esq.

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2017-2018 OCBA Installation Luncheon June 15, 2017

2017-2018 OCBA Foundation

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

Jennifer L. Morando, Esq.; Jessica A. Travis, Esq.; Daniel J. Kavanaugh, Esq.; The Hon. Tanya D. Wilson; Alisia M. Adamson, Esq.; The Hon. Bob LeBlanc; Marc A. Consalo, Esq.; Mary Ann Etzler, Esq., Treasurer; Camara A. Williams, Esq., Immediate Past President; Ana “Ani” Rodriguez-Newbern, Esq., President; Eric B. Jontz, Esq., Vice President; The Hon. Andrew D. Cameron; Annie P. Kwong, Esq.; Elizabeth Stevens Gillham, Esq.; Valencia N. Poitier, Esq. Not pictured: Mark A. Buckles, Esq.; Divinne B. Joseph-Smith, Esq.

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Brandon M. Sapp, Esq.; Rafael O. Rodriguez, Esq.; Michael D. Barber, Esq.; Jennifer A. Smith, Esq., Communications Coordinator; Joey M. Chindamo, Esq., Secretary; C. Andrew Roy, Esq., Treasurer; Keshara D. Cowans, Esq., President; Jill D. Simon, Esq., President-Elect; Brett R. Renton, Esq., Immediate Past President; Stephanie N. Alcalde, Esq.; Denise K. Beamer, Esq.; Eric R. Elms, Esq.; Brock A. Hankins, Esq.; Heather M. Meglino, Esq.; Charity J. Tonelli, Esq. PHOTOS: Jessica Leigh PAGE 18

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theBriefs July 2017 Vol. 85 No. 6

2017-2018 Legal Aid Society of the OCBA, Inc.

Brandon M. Sapp, Esq.; Joseph L. Amos, Jr., Esq.; Kristopher J. Kest, Esq.; William A. Davis, Jr., Esq.; Suzanne E. Gilbert, Esq.; Melody B. Lynch, Esq., President; Kimberly E. Hosley, Esq., Treasurer; Anthony F. Sos, Esq., Secretary; David E. Cannella, Esq., Immediate Past President; Richard S. Dellinger, Esq.; Ana E. Tangel-Rodriguez, Esq.; Jay W. Small, Esq. Not pictured: Wynne E. McFarlin, Esq., President-Elect; Jamie M. Blucher, Esq.; Kirtus L. Bocox; Deborah Moskowitz, Esq.; Chris Pantano; Belvin Perry, Jr., Esq.; Karl Watson

2017-2018 OCBA Paralegal Section

Paul Pelton, FRP, President; Shannon E. Casey, FRP, Vice President/President-Elect; Lori M. Spangler, FRP, Secretary/Treasurer; Anne C. Fisher, FRP; Paul Smith, FRP Not pictured: Meredith Gibson-Zornek, FRP, Immediate Past President; Earl E. Lugo theBriefs July 2017 Vol. 85 No. 6

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theBriefs July 2017 Vol. 85 No. 6

Social Security Committee continued from page 11

supported by substantial evidence. Ms. Quanstrom’s case is a perfect example of why federal court review is so important in Social Security cases.

After Judge Dalton’s order was entered, I could not wait to call Ms. Quanstrom with the wonderful news. I called the church where she was staying and explained to her that the federal court had entered an order directing the Social Security Administration to pay her SSI benefits from February 28, 2001 through August 3, 2011. There was a moment of silence on the other end of the line before Ms. Quanstrom began sobbing. After all of the heartache and suffering she went through, she was finally going to receive SSI benefits that had been wrongfully denied to her for more than a decade. Ms. Quanstrom asked me whether she would finally start getting a monthly check and healthcare coverage. Unfortunately, my answer was no. Ms. Quanstrom still had a subsequent claim pending before the Social Security Administration for the time period of August 4, 2011 to the present. That claim would have to be approved in order for her to receive an ongoing monthly SSI check and Medicaid coverage.

Ms. Quanstrom’s subsequent claim was remanded back to the Social Security Administration in July 2015. Her case had been designated by the Social Security Administration as a “critical” case that was supposed to be given the highest priority in processing.8 Inexplicably, her new administrative hearing was not held for eighteen months. At the February 2017 administrative hearing, a non-examining testifying medical consultant reviewed the medical evidence and opined that Ms. Quanstrom had been disabled from August 4, 2011 through the present. The ALJ told Ms.

Quanstrom that she was entering a fully favorable decision in her case. One would think that this was finally the end of Ms. Quanstrom’s battle with the Social Security Administration, but her saga continued.

The Social Security Administration now had to calculate Ms. Quanstrom’s pastdue benefits owed to her for each month of her eligibility.9 Ms. Quanstrom received multiple notices regarding her benefits, each with different figures. Social Security knows that it owes Ms. Quanstrom past-due benefits, but it still has not properly calculated the amount of her pastdue benefits. Social Security’s regulations provide that past-due benefits are paid in installments.10 The first installment payment is $2,199. Six months later, a second installment payment of $2,199 is released.

Six months after that, the balance of a disabled individual’s benefits are paid out.

Social Security’s regulations also provide that if a person in Ms. Quanstrom’s position dies before all of the benefits due to her are paid, then the government gets to keep the balance of the unpaid benefits.11 After years of living in the woods and homeless shelters, Ms. Quanstrom could not wait to find a place to live and call her own. She found an apartment to rent with two of her daughters and they signed a lease. Ms. Quanstrom thought that she would be able to afford to pay the monthly rent and utilities with her past-due SSI benefits. Social Security’s regulations provide that the amounts of the first and second installment payments may be increased in certain circumstances.12 Pursuant to the regulations, Ms. Quanstrom requested that her installments be increased because of her outstanding debts for food, clothing, shelter, and medications. That request was apparently turned down because to date, Ms. Quanstrom has only received

her first installment payment of $2,199.

Yes, after eight administrative hearings, four federal court remands, and the passage of sixteen years, Ms. Quanstrom has only received $2,199 of her past-due benefits. She is currently facing eviction from the apartment she leased with her daughters. Ms. Quanstrom thought she was done battling with the Social Security Administration, but it appears her fight is far from over. There is no telling how long the Social Security Administration will take to determine and pay the correct amount of Ms. Quanstrom’s past-due benefits. Sixteen years and counting…

Sarah Patience Fay, Esq., is an associate attorney at Culbertson Law Group, P.L.L.C. She is board certified in Social Security Disability Law by the National Board of Trial Advocacy. The Culbertson Law Group is one of only two firms in Florida that employs two board certified Social Security Disability attorneys. She has been a member of the OCBA since 2011.

1 Social Security’s SSI program pays benefits to disabled adults and children who have limited income and resources. Available at https://www.ssa.gov/disabilityssi/ ssi.html.

2 Fl. Stat. § 394.451.

3 Quanstrom v. Barnhart, No. 6:05-cv-824-Orl-JGG, Doc. No. 1 (M.D. Fla. June 2, 2005).

4 Quanstrom v. Comm’r of Soc. Sec., Case No. 3:14-cv546-BJD-JRK (M.D. Fla. July 24, 2015).

5 Quanstrom v. Comm’r of Soc. Sec., Case No. 6:13-cv120-Orl-PAZ, Doc. 27 (M.D. Fla. Nov. 26, 2013).

6 Quanstrom v. Comm’r of Soc. Sec., Case No. 6:15-cv990-RBD-GJK, Doc. 16.

7 Quanstrom v. Comm’r of Soc. Sec., Case No. 6:15-cv990-RBD-GJK, Doc. 17.

8 The Commissioner’s Hearings, Appeals and Litigation Law Manual (“HALLEX”) Section I-2-1-40 provides that a dire need situation exists when a claimant lacks shelter, medicine, or medical care.

9 See 20 C.F.R. §§ 416.420, 416.501.

10 See 20 C.F.R. § 416.545(b).

11 See 20 C.F.R. § 416.542(b)(4).

12 See 20 C.F.R. § 416.545(d).

July 11, 2017

12:00 p.m.-1:30 p.m.

Keeping Children Safe Act / Sex Abuse & Chapter 39

July 25, 2017

12:00 p.m.-1:30 p.m.

Guardian Advocacy

August 8, 2017

12:00 p.m.-1:30 p.m.

Suitability Assessments

August 22, 2017

12:00 p.m.-1:30 p.m.

Panel on Ethics Issues for Pro Bono Attorneys

September 12, 2017

12:00 p.m.-1:30 p.m.

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

September 26, 2017

12:00 p.m.-1:30 p.m.

Restoration of Rights

October 3, 2017

12:00 p.m.-1:30 p.m.

Adoption via Dependency Court

October 17, 2017

12:00 p.m.-1:30 p.m.

Family Law Issues

November 7, 2017

12:00 p.m.-1:30 p.m.

The Impact of Proverbial Child Trauma: A Lifetime of Effects

November 14, 2017

12:00 p.m.-1:30 p.m.

TPS from Qualified Countries

December 5, 2017

12:00 p.m.-1:30 p.m.

TOPIC: TBD

December 12, 2017

12:00 p.m.-1:30 p.m.

Technology for Pro Bono Attorneys

theBriefs July 2017 Vol. 85 No. 6

www.orangecountybar.org

Legal Aid Society of the Orange County Bar Association, Inc. 2017 Free Lunchtime Learnings CLE Applied for All Marks St. Senior Center 99 E. Marks St. Orlando, FL 32803 Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

PAGE 23

PhotoOp

YLS Annual Retreat

Team #hashtagOBCAYLS Connor Kelly, Esq.; Heather Meglino, Esq.; Denise Kim Beamer, Esq.; Jen Smith, Esq.; Arti Hirani, Esq.

Brandon Sapp, Esq.; Rafael Rodriguez, Esq.; Joey Chindamo, Esq.; Andrew Roy, Esq.; Keshara Cowans, Esq.; Eric LaRue. Esq.

Keshara Cowans, Esq., YLS president Liz McCausland, Esq., OCBA president

7th Annual Dodgeball Tournament

Eddie Fernandez, Esq.; Tony Sos, Esq.; Liz McCausland, Esq.; Jamie Billotte Moses, Esq.; Wiley Boston, Esq.; Jessica Travis, Esq. PAGE 24

www.orangecountybar.org

theBriefs July 2017 Vol. 85 No. 6

YLS on the move

O

Jennifer A. Smith, Esq.

Andrew Roy, Esq Keshara Cowans, Esq.

ur mantra this year is #wedomore, and here are some of the things we have been doing: On Saturday, May 6, 2017, YLS members and family gathered at the Great Oaks Village for our annual field day. We had an excellent turnout and the residents at Great Oaks Village had a blast. You can see some of the pix below.

On May 18, 2017, YLS members and colleagues gathered for our 7th Annual Dodgeball Tournament. The tournament was a great success and afterwards, teams gathered for an end-of-the-year blowout happy hour at Swiggs. Another championship event hosted by YLS! On May 19, 2017, we celebrated the ceremonial passing of the YLS gavel to incoming president, Keshara Cowans, Esq. Many past YLS presidents shared a few words of wisdom to the incoming president. Keshara then addressed the room about her vision and plan for YLS during her term. Congratulations, Keshara! And a big thanks to outgoing president, Brett Renton, Esq., for leading us through another great YLS year!

On June 2, 2017, YLS 2017-2018 officers, board members, and committee chairs gathered for our annual retreat, which included going over details and guidelines for putting on successful YLS programs, but then included a little fun. This year’s fun included some fiercely competitive bowling!

It was a great team-building event.

Stay tuned for these upcoming YLS events: July 14, 2017 – YLS Luncheon at the Citrus Club from 12:00 p.m. to 1:00 p.m.

The speaker is Zack Zuroweste, Esq., 2017-2018 president of The Florida Bar Young Lawyers Division. RSVP

by July 12 through the OCBA Store.

July 20, 2017 – Young Lawyers & Law Clerks Reception at the Orange County Regional History Center, from 6:00 p.m. to 8:00 p.m. This is one of our biggest events of the year and is an excellent recruiting tool to keep top talent in the Orlando area and active in the Orange County Bar Association. The event is also a great opportunity for young lawyers and law clerks to network with area judges and attorneys in a relaxed, fun setting. The event is free for law clerks; $10 for all others by the RSVP deadline. A $5 late fee will be assessed for late registrations and at the door. RSVP through the YLS section of the OCBA Store by July 6.

July 26, 2017 – Social Media Series: Client Conduct on Social Media. This lunchtime CLE series is being presented in conjunction with the OCBA Professionalism and Technology committees. 12:00 p.m. to 1:00 p.m. at the OCBA Center. Register by July 24 at the OCBA Store.

July 29, 2017 – Paddle boarding, kayaking, and pool day at the Winter Park Racquet Club. Details to come.

August 1, 2017 – Backpack Project Happy Hour in conjunction with the Central Florida Association for Women Lawyers at KASA in downtown Orlando from 5:30 p.m. to 7:30 p.m.

The cost is only $20 in advance and $25 at the door. The event includes unlimited wine and appetizers. RSVP through the YLS section of the OCBA Store.

Don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls.

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

Great Oaks Village annual field day

Brandon Sapp, Esq. Andrew Roy, Esq. Jordan Ostroff, Esq. Jason O’Neal, Esq. Heather Ostroff, Esq. Andrew Irvin, Esq. Stephanie Alcalde, Esq. Eric LaRue, Esq. Keshara Cowans, Esq.

theBriefs July 2017 Vol. 85 No. 6

Eric LaRue, Esq.; Andrew Roy, Esq.

www.orangecountybar.org

PAGE 25

Hearsay...

I

Vanessa A. Braga, Esq.

hope you are soaking in the summer sun. I’m sure you’ve taken this month’s edition of The Briefs to enjoy reading at the beach or pool.

(Kidding!) There’s a lot of news regarding our fantastic OCBA members. Without further ado – Awards, Accomplishments & Professional Recognitions Vince Citro, Esq., an attorney with the Law Offices of Mark L. Horowitz, P.A., was recently honored by receiving an award from the Justice Department’s National Security Division for his work in Washington, D.C., in 2015 and 2016.

The award recognizes his outstanding contributions to the National Security Division. What is more, Vince has the distinction of receiving the award even after leaving government service.

Congratulations, Vince!

Amy Hamlin, Esq., of The Aikin Family Law Group in Winter Park, recently was sworn in as the treasurer of the Family Law Section of The Florida Bar. She previously served as the Family Law Section’s secretary.

Philip “Phil” A. Diamond, Esq., recently became the Orange County Comptroller. He was elected county-wide by the voters of Orange County in 2016. As comptroller, he serves as the chief financial officer, as well as the county auditor and clerk to the Orange County Commission. Congratulations, Phil!

Frank Pohl, Esq., a shareholder in Gunster’s Central Florida offices, received the City of Winter Park’s 1st Quarter 2017 Business Recognition Award. Winter Park’s business recognition program was designed to honor those businesses that have contributed to the economic well-being of the city and demonstrate a commitment to the vitality of the Winter Park business climate.

Ben W. Subin, Esq., a partner in the Orlando office of Holland & Knight, LLP, was named a 2017 Client Service All-Star by the BTI Consulting Group, Inc. Ben is one of 319 BTI Client Service All-Stars who are identified solely and exclusively by corporate counsel.

Andre T. Young, Esq., of The Young Law Firm of Florida, was inducted into the 100 Black Men of Orlando, Inc., which is a chapter of the 100 Black Men of America, Inc. The organization is focused on improving conditions within the African American community.

Lynne R. Wilson, Esq., a partner in Shuffield Lowman’s Orlando office, was selected by her peers for inclusion in The Best Lawyers in America. Since 1983, the Best Lawyers has become universally regarded as the definitive guide to legal excellence.

PAGE 26

www.orangecountybar.org

Annie P. Kwong, Esq., an associate with Quintairos, Prieto, Wood & Boyer, P.A.; Lauren L. Millcarek, Esq., an associate with Holland & Knight, LLP; and Lorraine N. Pitre, Esq., were recognized as 2017 Leaders in the Law for the Central Florida Association for Women Lawyers.

Congrats, ladies!

Speaking Engagements & Community Involvement Matthew G. Brenner, Esq., a partner with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., took office as the immediate past president of The Florida Bar Foundation. The foundation is a statewide charitable organization whose mission is to provide greater access to justice. Matt has served on the board since 2008.

Christopher V. Carlyle, Esq., of The Carlyle Appellate Law Firm, spoke at the Environmental Law Institute’s Annual Law and Policy Review in Washington, D.C., on the topic of climate extractions.

John Gihon, Esq., a partner with Shorstein, Lasnetski & Gihon, presented “Hot Topics in Immigration” to the League of Women Voters.

John is Florida Bar Certified in Immigration and Nationality Law. Ann Marie Giordano Gilden, Esq., of Ann Marie Giordano Gilden, P.A., will serve as vice chair of The Florida Bar Grievance Committee “A” for the Eighteenth Judicial Circuit. The Eighteenth Judicial Circuit is comprised of Brevard and Seminole counties.

Fermin Lopez, Esq., of Colling Gilbert Wright & Carter, was elected to the board of directors for the Colombo American Medical Association’s Foundation. The Colombo American Medical Association is a non-profit made up of professionals originating or having a direct relationship with Colombia and residents of Central Florida.

Michael Brady Lynch, Esq., and The Michael Brady Lynch Firm, donated $2,000 to the Notre Dame Club of Greater Orlando in mid-May at their charity golf tournament, which benefitted New Hope for Kids. New Hope for Kids helps provide grief services to children who have lost a parent. (Fun fact: Lee Corso, an ESPN sportscaster, attended the check presentation event.)

Anthony F. Sos, Esq., of Dellecker Wilson King McKenna Ruffier & Sos, LLP, presented the continuing education seminar “Mastering the Deposition: A Critical Skills Workshop” at PINCUS Professional Education in March. He also participated in a panel discussion on “Witness Preparation” with Tiffany Fadis, Esq., of Fadis & Fadis, P.A.

theBriefs July 2017 Vol. 85 No. 6

law. She has a broad background in providing ADR, general litigation, and collaborative law issues.

Robert D. Sowell, Esq., has joined the Orlando office of BakerHostetler, focusing on complex commercial litigation.

As always, the “Hearsay” column is for you.

Feel free to send any news and achievements for publication to vanessa.braga@ qpwblaw.com. See you next month!

On the Move Michael S. Kraynick, Esq., has been named a partner at the law firm of Godbold, Downing, Bill & Rentz, P.A. Michael focuses his practice on complex commercial disputes, business litigation, real estate litigation, construction litigation, homeowner’s association law, and condominium association law.

Christopher E. Brown, Esq., recently joined Kelley Kronenberg. Christopher’s practice includes property and casualty claims, personal injury, construction litigation, productions liability, and complex general liability matters.

Rebecca Palmer, Esq., joined The Orlando Family Firm, specializing in family

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

She has been a member of the OCBA since 2014.

Legal Aid Society Gal Tips continued from page 13

that educational reform for our dependent youth is crucial. The act, coupled with Orange County volunteer attorney GALs’ continued commitment to dependent children, is a true opportunity for foster children to join their peers in academic success and, eventually, join them in their walk across the graduation stage.

For more information, please contact Hannah N. Farber, Esq., Legal Aid So-

ciety GAL staff attorney, at hfarber@ legalaidocba.org, or (407) 841-8310. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Director of Development, at 407-5151850, or dhaynes@legalaidocba.org.

Hannah N. Farber, Esq., a Guardian ad Litem Program staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc., has been a member of the OCBA since 2014.

Florida Supreme Court Certi�ed Civil Mediator

Dianne M. Downie, Esq. 1SPöDJFOU JO 4QBOJTI UP IFMQ TFSWF ZPVS )JTQBOJD DMJFOUT Mediating Personal Injury, Wrongful Death, and Product Liability Convenient Downtown Location Bodiford Law Group

121 South Orange Ave. Suite 1150 Orlando, FL 32801 Call 407-423-9728 or email diana@bodifordlawgroup.com

HONEYWELL MEDIATION & Other Alternative Dispute Resolution Services

Care to know how to improve your success in mediation?

Like all attorneys and judges, mediators also compare notes and have ideas on what works and what doesn’t. At your convenience, read my ongoing Educational Blog at my website: www.honeywellmedition.com to gain some free Mediator’s insight from the privacy of your computer.

DAN H. HONEYWELL Visit my website: www.honeywellmediation.com to find who I am, my online schedule, my educational blog, and what I offer you and your client who may be seeking success without trial. My unique credentials and experience can be a useful and valuable added resource in finding resolution to your client’s dispute.

President’s Message continued from page 3

president. I want to be president because I have been the beneficiary of the extraordinary impact that relationships with people in this bar association have provided me.

In a time when the catchphrase “access to justice” is bantered about, I was denied access to affordable justice for my mother. I visited several attorneys in an effort to get legal counsel for her. I was quoted retainers of $75,000- $120,000. In the end, it was my friends and colleagues at the Orlando office of Holland and Knight who took on her case pro bono. I am, and will forever be indebted to this bar for all you did to bring my mother home to me. So consider my service payment of a debt owed.

But when you ask WHAT I am going to do as president, my answer is that I hope to help you build your relationships and connections in this bar. I hope that if there is ever a day you need to call on us, whether it be for professional or personal reasons, we can not only show up for you but we can also show you that the true value of your membership is the relationships you build here. While you may come to events to network or attend committee meetings to get CLE credits, you may discover that the real foundation you are laying is the support system for your practice and for you.

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

Barbecues and fireworks, flags and parades, Independence Day evokes so many images of the American summer.

Its original purpose to celebrate the birth of the American nation on July 4th, 1776 has given way to festivities that celebrate both America and the lives and freedoms that the accomplishments of American independence have allowed.

The commemoration of the signing of the Declaration of Independence is a time not only to reflect on what happened at America’s founding but also to look again at the nation’s values and recommit oneself again to those ideals.

• Certified Circuit Civil Mediator • Certified Appellate Mediator • Certified Federal Court Mediator • Board Certified Civil Trial Lawyer

Call Honeywell Mediation/Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 • Statewide-National: 800-741-7000 Neutral, convenient conference facilities on Lee Road in Winter Park.

Available anywhere in Central Florida without travel charge.

the 2017 Vol. 85 No. 6

1/6Brie page horizontal OCBA The Briefs fs July

www.orangecountybar.org July 2103

Courage, then, my countrymen, our contest is not only whether we ourselves shall be free, but whether there shall be left to mankind an asylum on earth for civil and religious liberty.

–Samuel Adams

PAGE 27

CO M I N G I N J U LY !

It’s Time to Update Your Photo for the OCBA Online

Membership Directory

RCL Portrait Design will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: Portrait Dates: July 10 - 21, 2017

An RCL representative will contact you in the near future to schedule an appointment. However, feel free to contact RCL directly at 800-580-5562 to schedule your sitting.

All sittings are free of charge, and the photo you select for the Online Membership Directory will be published online at no charge. RCL will also take additional shots and provide you with an opportunity to purchase a photo package for your professional or personal use.

We are pleased to bring you this free member service. RCL has produced professional portraits for more than 21 state and local bar associations and 22 medical facilities across the nation.

(For professional photos, appropriate dress is suggested. Ladies: a bold or bright colored long sleeved outfit. Gentlemen: a dark jacked and tie.)

PAGE 28 www.orangecountybar.org

theBriefs July 2017 Vol. 85 No. 6

ParalegalPost Onward and Upward: A Message from the 2017-2018 Paralegal Section President

T Paul Pelton, FRP

theBriefs July 2017 Vol. 85 No. 6

he Orange County Bar Association has one of the strongest and most successful paralegal sections in the state of Florida and enjoys a thriving and supportive legal community. Our members are active and engaged, and I have had the pleasure of working alongside many, both inside and outside the courtroom.

As I take the office of president of the OCBA Paralegal Section, I am grateful for the opportunity to serve the section’s hard-working members. Drawing from my experience in serving on the board of directors for the last two years, as well as my experience as a long-standing member of the paralegal community serving both plaintiffs and defendants, I am looking forward to a rewarding and exciting year of service. My gratitude goes to those who had a hand in preparing me for this leadership role – outstanding trial lawyers such as Gary Wilkins, Esq., David Best, Esq., “Dutch” Anderson, Esq., and Robin Khanal, Esq. They invested in me, gave me the opportunity to expand my knowledge base and skillset, and afforded me experiences that many attorneys only wish they had.

This past year, under the leadership of my predecessor, Meredith Gibson-Zornek, FRP, our section has been left in a strong position to carry on in excellence moving forward. She leaves big shoes to fill. In addition, I wish to thank my employer, The Maher Law Firm. The partners and staff have generously supported me and allowed me the time necessary to serve on the Paralegal Section board in order to attend various meetings of both the OCBA and The Florida Bar. This year, there are several exciting initiatives being implemented to better serve the paralegal community: • Student Membership Development. We will be investing in the students who are currently enrolled in the paralegal programs at Valencia College and other area institutions. These men and women are the paralegals of tomorrow, and we will be integrating them into our paralegal community by partnering with the faculty and program staff at these institutions with the assistance and support of our partners in the business community. We will continue to engage paralegal students through our Paralegal Mentorship Program with the help and support of our partners in the legal community.

www.orangecountybar.org

• CLE Quality Assurance Initiative. Are you tired of the run-of-the-mill eDiscovery or copy-service seminar? In our general membership meetings, lunch-and-learn events, and at our full-day annual seminar we will provide CLE courses that are of real interest to paralegals. These interesting and relevant topics will be presented by highly qualified and well-respected speakers and community leaders.

• Member Services Development. Beginning with this fiscal year, we will be relying on a new membership committee I have appointed whose sole purpose will be reviewing member services as well as developing and implementing a plan to enhance the delivery of services to our members.

• Sponsorship Assistance Initiative. We will be working with our current partners in the business community to enhance their support of the Paralegal Section. We will also be forging new relationships in the business community to provide support for years to come.

• One Voice. We are committed to being your voice in Tallahassee. As the paralegal community moves toward a larger role in serving the legal needs of the underserved segment of the citizens of Florida, we seek more and better services for the membership dues we pay to The Florida Bar. As we move forward, I encourage you to plug in to the paralegal community, attend our general membership meetings, and participate in the CLEs we offer; they will enrich your connection to the paralegal community and enhance your skillset. I also encourage you to support the FRP Standing Committee of The Florida Bar by attending their meetings, keeping abreast of their activities, and learning how you can make the larger paralegal community stronger. We will be announcing the committee’s upcoming meetings on our webpage.

A word to employers: Many firms actively support their paralegals by paying their OCBA annual dues. Sadly, many do not. To those employers who do not, I would strongly urge you to take an action step and demonstrate your support for your paralegal(s) by paying his/her/their annual continued page 30

PAGE 29

Paralegal Post

continued from page 29

membership dues of $115. By doing so, you are telling your paralegals that they have value and that you support their ongoing professional development. Your practice will be enhanced by this investment. For just $0.32 a day, you can make a world of difference; it will boost morale at the office and pay off exponentially.

If you don’t believe me, I encourage you to register for and attend one of our lunch-and-learn events to see for yourself what we offer your paralegal staff.

In conclusion, I want to thank you for your paralegal membership and your support of the OCBA Paralegal Section. Please do not hesitate to contact me or any member of the board during the coming fiscal year with suggestions or constructive criticism that may help our section to improve. Keep an eye on our Paralegal Section webpage: you will find contact information for board members and committee chairs, along with regular updates about our section events. Be sure to take advantage of every opportunity to plug in and power up with the OCBA Paralegal Section.

Paul Pelton, FRP, a senior litigation paralegal with The Maher Law Firm, has more than 25 years of experience in all phases of civil trial work. He concentrates his practice in high-exposure cases involving medical malpractice, nursing home resident’s rights claims, product liability matters, and complex BI claims. He has been a member of the OCBA since 2015.

Legal Aid Society Teaching Tips continued from page 14

Children in dependency are the ones most affected by court decisions. We discuss their education, placement, medical, dental, and mental health issues, among other extremely personal matters. A host of adults are present in the courtroom and each has an opinion. It is imperative that we as the GAL advocate for our dependent children – the source with the most up-to-date information, the experts on themselves, the ones in the courtroom with the most to gain and lose – to attend court when appropriate. For children who have already lost so much, attending court and having their voice heard is the first step toward rebuilding their lives.

For more information, please contact Kate York, LAS GAL staff attorney, at kyork@legalaidocba.org, or 407-841-8310. For more information about how to become a financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org, or 407-515-1850.

Catherine “Kate” York, Esq., is a Guardian ad Litem staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been an OCBA member since 2011.

Add the LRIS number to your playbook:

407-422-4537

Invite your colleagues to join the OCBA today!

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

EXPERT WITNESS - CPA

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

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

407-422-4551, ext. 225

• Business Valuation; Pension Valuation;

Collaboration and Litigation Support • Lifestyle Analysis; Financial Affidavit; Alimony; Equitable Distribution Contact:

Thomas J. Gillmore, CPA, CFE, CVA 407-716-4795• tomg@FloridaDivorceCPA.com PAGE 30 www.orangecountybar.org

theBriefs July 2017 Vol. 85 No. 6

10th Annual

Breakfast of Champions To Benefit

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

Thursday, November 2, 2017

7:30 a.m. until 9:00 a.m.

Doors open at 7:00 a.m. for networking Presidential Ballroom at Church Street Station 225 South Garland Avenue, Orlando, FL 32801 Parking limited • Reservations Required SPONSORSHIPS AVAILABLE: Platinum - $10,000 • Gold - $5,000 • Silver - $2,500 Copper - $1,000 • Bronze - $500 SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials.

For sponsorship or to make donations, visit:

www.legalaidocba.org

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

theBriefs July 2017 Vol. 85 No. 6

Go to Donation Tab, By Donation Note: 2017 Breakfast of Champions

DESIGNED BY

FOR MORE INFORMATION CONTACT:

Donna Haynes, Development Director (407) 515-1850 or boc@legalaidocba.org

www.orangecountybar.org

PAGE 31

New M embe rs Attorneys Jessica D. Anderson Matthew J. Angiulli Christie L. Bhageloe Michael T. Black Mark A. Boyle Sara R. Canepa-Zenuni Kristofer D. Clark Karen Z. Consalo Cole J. Copertino Traci L. Deen Rebecca E. Hameroff M. Elizabeth Heiny Alexander D. Licznerski

Stephen A. Marino Brett M. Norvig Cynthia F. O’Donnell Gina R. Perez Calhoun Michael J. Rigelsky Tiffany D. Ruggiero Ronda D. Westfall

Affiliates James J. Lullen Daniela De Assis

Associate Milena Portillo

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

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

PAGE 32

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

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

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

fs July 2017 Vol. 85 No. 6

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Events July 20 – Young Lawyers & Law Clerks Reception. 6:00 p.m.- 8:00 p.m. Orange County Regional History Center. Free for law clerks; $10 for all others by the RSVP deadline. A $5 late fee will be assessed for late registrations and at the door.

RSVP through the YLS section of the OCBA Store. RSVP deadline: July 6.

Aug. 1 – Young Lawyers Section Backpack Project Happy Hour. 5:30 p.m.-7:30 p.m. KASA, 183 S. Orange Ave., Orlando, FL 32801. $20 in advance; $25 at the door. RSVP deadline: TBA. RSVP through the YLS section of the OCBA Store.

Aug. 30 – OCBA’s Annual Trivia Contest. 5:30 p.m. registration, 6:00 play begins. Ace Café Orlando, 100 W. Livingston., Orlando, FL 32801. Appetizers and limited beverage tab.

OCBA Store registration opens soon.

Seminars July 10 – Estates, Guardianship & Trust Accounting: The Next Level above Basic. Estate, Guardianship & Trust Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (approved), including certification credits: 1.0 tax law and 1.0 wills, trusts and estates. Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Carol Felsing, CPA, Felsing LLC. Register by July 8 at the OCBA Store.

July 11 – Keeping Children Safe Act/Sex Abuse & Chapter 39. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Kavita Sookrajh, Esq., and Doris Mackey, Case Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 13 – Perspectives from the Bench on how to be a More Effective Attorney at Trial. Workers’ Compensation Committee Seminar. 11:30 a.m.-1:00 p.m. OCBA Center. CLE: 2.0 (pending). Free (OCBA members/gov’t/student); $15 (nonmembers). Speakers are from the State of Florida Office of the Judges of Compensation Claims: Hon. Wilbur W. Anderson; Hon. Robert L. Dietz; Hon. Thomas W. Sculco; Hon. Neal Pitts; Hon. Margaret E. Sojourner; and Hon. Robert A. Arthur. Sponsored by: Cantrell Consulting, LLC. Register by July 11 at the OCBA Store.

July 14 – Non-Compete Litigation: A Business Court Perspective. Labor & Employment Committee Seminar. 12:00

p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Hon. Julie O’Kane, Ninth Judicial Circuit Business Court.

July 25 – Guardian Advocacy. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Catherine Tucker, Esq.; Catherine E. Davey, J.D., LL.M. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 26 – Social Media Series Part 2 – Client Conduct on Social Media. YLS and Professionalism and Technology Committees Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 ethics and 1.0 technology (pending). Free (OCBA members/gov’t/student); $15 (non-members). Speakers: Lauren Heatwole, Esq., Heatwole Law Firm; Anthony Sos, Esq., Dellecker Wilson King McKenna Ruffier & Sos, LLP; John Y. Benford, Esq., Wilson Elser Moskowitz Edelman & Dicker LLP. Register by July 12 at the OCBA Store.

July 28 – The Ethical and Environmental Issues with Dumping into the Wekiva Water Basin. OCBA Paralegal Section Seminar. 11:45 a.m.-1:15 p.m. Greenberg Traurig, P.A. CLE: 1.0 ethics (pending). Speakers: Commissioner Lee Constantine; Seminole County Attorney Bryant Applegate, Esq. Registration information to come.

Aug. 8 – Sustainability Assessments. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Marie Priebe, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba. org.

Aug. 22 – Panel on Ethics Issues for Pro Bono Attorneys.

LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending.

Speaker: TBD. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Aug. 23 – Social Media Series Part 3 – Attorney Advertising on Social Media. YLS and Professionalism and Technology Committees Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 ethics and 1.0 technology (pending). Free (OCBA members/gov’t/student); $15 (nonmembers). Speaker: Patricia Ann Toro Savitz, Esq., The Florida Bar. Register by Aug. 21 at the OCBA Store.

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

An n o unce ments

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

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

PIP/BI Attorney Needed.

Immediate opening available for attorney with 3+ years of PIP/BI litigation experience. Salary will be commensurate with civil litigation experience and does include an extensive benefits package. Ideal candidate will have good academic credentials, excellent analytical and writing skills and the ability to manage caseload from inception through trial. Send resumes to mheaberlin@ gobelflakes.com.

OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando.

Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area.

Please call John Pierce at 407-898-4848.

Downtown Orlando Law Office – High Rise Class AAA 18th Floor window office for rent. $1,200 to $1,500. Rent includes office, secretarial station if needed, reception area and receptionist, use of conference rooms and parking. Please call 407-6873984 if interested.

Downtown Office for Lease. Office suite, 1425 sq. ft. in professional building across the street from the Orange County Court House.

Presently configured with three offices, conference room, reception area and

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

more. Prime location, available now. Can be seen by appointment. Call 321277-7663.

LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area.

Completely Renovated/ Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free - $745.00, plus tax.

Parking included. 407-6481500.

Professional Furnished and Unfurnished Office Space Available in Baldwin Park. Phones, Phone Answering, Reception Service, Internet, Conference Room Time, Kitchen, Utilities, and Janitorial Included. Free Parking.

Multi-Tenant Building = Networking Opportunities, Including with Other Attorneys. Contact Nancy Bacchus at 407-514-2600.

www.orangecountybar.org/store Login for Member Pricing!

OFFICE SPACE SHARED Downtown Orlando Boutique Office for Rent: 2 furnished offices and secretarial bay located on the 2nd floor of an established law practice 1 block away from the Orange County Courthouse.

Includes: Reception area and conference room access, signage and 1 parking space per office. Non-smokers only. Please call 407-4269300 or email mcarr@ carrlawpa.com.

Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE!

You are in business to deliver a valuable service.

Toot your own horn!

The Briefs is the perfect forum to herald your message.

OCBA advertising specialist Amanda Nethero stands ready to assist in your media investment.

407-422-4551 x. 244 // amandan@ocbanet.org

PAGE 34

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theBriefs July 2017 Vol. 85 No. 6

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OCBA Calendar

OCBA July Luncheon Herbert L. Allen, Esq.

JULY – AUGUST

July

Independence Day 4 OCBA Offices Closed

5

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

10

Estate, Guardianship & Trust Committee Seminar Estates, Guardianship & Trust Accounting: The Next Level above Basic 12:00 p.m. • OCBA Center

11

Member Perks 8:00 a.m. • OCBA Center LAS Lunchtime Training Keeping Children Safe Act/Sex Abuse & Chapter 39 12:00 p.m. • Marks St. Senior Center

12

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

13

Workers’ Compensation Committee Seminar Perspectives from the Bench on how to be a More Effective Attorney at Trial 11:30 a.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center

14

1 Meeting 8 Solo & Small Firm Committee 12:00 p.m. • OCBA Center

Law Committee Meeting 1 9 Elder 12:00 p.m. • OCBA Center Appellate Law Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Law Clerks Reception 2 0 YLS 6:00 p.m. • Orange County

Shareholder Allen, Dyer, Doppelt & Gilchrist, P.A. Thursday, July 27, 2017 11:30 a.m.-1:00 p.m.

The Ballroom at Church Street RSVP by July 24, 2017 Orangecountybar.org/store Sponsored by First Green Bank, LexisNexis, Orange Legal

August

LAS Lunchtime Training 8 Suitability Assessments

12:00 p.m. • Marks St. Senior Center Executive Council Meeting 16 4:30 p.m. • OCBA Center

Regional History Center

21

Family Law Committee Meeting 12:00 p.m. • OCBA Center Lunchtime Training 2 5 LAS Guardian Advocacy

YLS Monthly Luncheon 18 12:00 p.m. • Citrus Club LAS Lunchtime Training 22 Panel on Ethics Issues for Pro Bono Attorneys 12:00 p.m. • Marks St. Senior Center

12:00 p.m. • Marks St. Senior Center

YLS and Professionalism & 23 Technology Committees Seminar

26

YLS and Professionalism & Technology Committees Seminar Social Media Series Part 2 – Client Conduct on Social Media 12:00 p.m. • OCBA Center

Social Media Series Part 3 – Attorney Advertising on Social Media 12:00 p.m. • OCBA Center OCBA Monthly Luncheon 24 11:30 a.m. • The Ballroom at

Monthly Luncheon 2 7 OCBA Herbert L. Allen, Esq.

Church Street

OCBA Annual Trivia Contest 30 5:30 p.m. • Ace Café Orlando

11:30 a.m. • The Ballroom at Church Street

2 Seminar 8 OCBA Paralegal Section

The Ethical and Environmental Issues with Dumping into the Wekiva Water Basin 11:45 a.m. • Greenberg Traurig, P.A.

For the latest news about committee meetings, seminars, and events, see the OCBA website at www.orangecountybar.org.

Labor & Employment Committee Seminar Non-Compete Litigation: A Business Bankruptcy Law Committee Court Perspective Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center YLS Monthly Luncheon 12:00 p.m. • Citrus Club

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