A Publication of the Orange County
Bar Association
Inside this Issue: President’s Message Civics Education: We Can Do Better Thomas A. Zehnder July 2011 Vol. 79 No. 7
OCBA July Luncheon Alex Martins President, Orlando Magic
Business Law Committee Secrets Revealed: Fundamental Steps to Pleading and Proving a Trade Secret Claim in Florida - Part II Christopher A. Pace 2011-2012 Officer Installation & Awards Banquet Photo Spread
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the Briefs
Contents
©2011
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Co-Editors Allison C. McMillen & Suzanne D. Meehle
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Business Law Committee Secrets Revealed: Fundamental Steps to Pleading and Proving a Trade Secret Claim in Florida - Part II Christopher A. Pace
President’s Message Civics Education: We Can Do Better Thomas A. Zehnder
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OCBA Foundation News Incredible Speakers Make the Teacher’s Legal Institute a Success Richard S. Dellinger
Associate Editors Nick Dancaescu & Diana M. Serrano Side Bar Columnist Sunny Lim Hillary YLS Columnist Jacquelynne J. Regan
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2011-2012 Officer Installation & Awards Banquet Photo Spread
26
5
SideBar Sunny L. Hillary
OCBA July Luncheon Alex Martins President, Orlando Magic
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7
Presentation Skills for Lawyers “I’ve Never Been Convicted of a Felony” Using Vocal Emphasis to Bring Your Message to Life Elliott Wilcox
Legal Aid Society 2011-2012 Officers & Board of Trustees OCBA Foundation 2011-2012 Officers & Board Members
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Rainmaking All the World’s a Stage – For Rainmaking Mark Powers & Shawn McNalis
Legal Aid Society Legal Aid Celebrates 50th Anniversary with Annual Awards Catherine A. Tucker
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Announcements
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Legal Aid Society What We Do... Thank You for Your Support Donna A. Haynes
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New Members
w OFFICERS Thomas A. Zehnder, President Kristyne E. Kennedy, President-Elect Paul J. Scheck, Treasurer Nicholas A. Shannin, Secretary w EXECUTIVE COUNCIL Wiley S. Boston Mary Ann Etzler Elizabeth F. McCausland Nichole M. Mooney Jamie Billotte Moses Eric C. Reed Gary S. Salzman William D. Umansky William C. Vose Kimberly D. Webb Esther M. Whitehead Frank M. Bedell, Ex Officio LaShawnda K. Jackson, YLS President w EXECUTIVE DIRECTOR Brant S. Bittner
Classifieds
YLS Mentoring Program Gets A+ Skinner Louis and Chanel A. Mosley
Calendar
w Communications Manager Peggy Storch
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Marketing Manager Mente Piccoli
YLS on the Move Jacquelynne J. Regan
Marketing Assistant William M. Remensnyder
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 ©2011 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hebert Cover photo: MorgueFile.com ISSN 1947-3968
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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 Legal Placement Service Young Lawyers Section
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theBriefs July 2011 Vol. 79 No. 7
President’sMessage
July 2011 R Thomas A. Zehnder
theBriefs July 2011 Vol. 79 No. 7
Civics Education: We Can Do Better
ecently I read with great interest the feature article in the May issue of the ABA Journal entitled “Flunking Civics: Why America’s Kids Know So Little.” Some of you may have read it as well, and I’m willing to bet that we all found it very disappointing. The article highlighted Americans’ appalling lack of civic knowledge and reported the results of a recent study that ranked the history standards in 49 states and the District of Columbia for “content and rigor” and “clarity and specificity” on a scale of A to F. Sadly, only one state, South Carolina, received straight A’s. Only nine states received grades of A- or B. I was stunned to see that a majority of states – 28 – received grades of D or F. This recent study’s results were confirmed by an earlier report conducted by the National Center for Education Statistics in Washington, D.C., known informally as the “Nation’s Report Card.” According to the report, only 27 percent of 12th graders in 2006 were proficient in civics and government. According to the ABA article, many researchers believe there is a growing “civic achievement gap” among our young people based on wealth, national origin and other demographic factors. Notably, the article also posited that government programs such as the Bush administration’s No Child Left Behind Act, which the Obama administration has continued by supporting Science, Technology, Engineering and Math (STEM) programs, may actually be contributing to the problem. These well-meaning programs provide federal funding priority to curriculum designed to enhance reading, math and science. Yet, some educators fear that focus on these subjects leaves little or no time for educating our young people on equally important subjects such as history, government and civics. Indeed, at least half of the states do not even require high school students to take civics, and only three states require it in middle school. The lack of civics understanding, however, is certainly not limited to our young people. According to an ABA survey conducted in 2005, nearly half of all Americans were unable to correctly identify the three branches of government! In a word – unacceptable. Fortunately, due in large part to the work of many dedicated judges and lawyers across the state, Florida is becoming the exception to the rule. ABA President Steve Zack, a Florida lawyer, made national civics education one of his top priorities. Under President Zack’s leadership, the www.orangecountybar.org
ABA Board of Governors created a Commission on Civic Education in the Nation’s Schools to serve as both an advocate for and a provider of quality civics education programs. Former Florida Supreme Court Chief Justice Fred Lewis has led the effort to bring civics education – through his Justice Teaching program – to every public school in Florida. Today, 3,900 lawyers and judges volunteer for Justice Teaching, delivering interactive civic lessons that reach 97 percent of Florida’s public schools and 224 private schools. In 2010, our legislature passed the Justice Sandra Day O’Conner Civic Education Act, which requires civics content in language arts curriculum for all grade levels. And by next year, students entering sixth grade will be required to complete successfully a one-semester civics education course. These are all wonderful advancements in the promotion of civics education in our state. I’m pleased to report that our local bar and judiciary are doing their part as well. On May 20, 2011, I had the great privilege of participating in the inaugural Central Florida Teacher’s Legal Institute, a program sponsored by the Middle District of Florida Historical Society and the OCBA Foundation, at the U.S. Courthouse. Modeled after similar programs in Tampa and Billings, Montana, the Teacher’s Legal Institute taught public middle school teachers from Volusia, Orange and Osceola counties about our state and federal courts systems. The event was organized and moderated by Richard Dellinger, president of the OCBA Foundation, and offered the teachers a unique and rare opportunity to hear from, and interact with, members of our state and federal judiciary, including Judge John Antoon, II, Judge Gregory Presnell, Judge Karen Jennemann, Judge Gregory Kelly, Judge Fred Lauten, Judge Julie O’Kane, Judge Bob LeBlanc and Judge Antoinette Plogstedt. Local lawyers participated as well, including Jessica Hew, Drew Sorrell, Wiley Boston, Scott Gabrielson, Bill Sublette, Assistant U.S. Attorney Vince Citro, and Federal Public Defender Jim Skuthan. I was truly heartened by the teachers’ attentiveness and willingness to learn. It was an enthusiastic group, handpicked to attend by the administrators of their respective schools for their commitment and dedication to civics education. I provided a brief overview of the state and federal court systems, and then several panels of judges and lawyers spent the day covering both
continued page 6 PAGE 3
OCBA FoundationNews
T Richard S. Dellinger
Incredible Speakers Make the Teacher’s Legal Institute a Success
he reviews from the school teachers speak for themselves. The judges and practitioners who spoke at the May 20, 2011, Teacher’s Legal Institute provided an invaluable service to the profession and the community by educating the educators. I learned the differences between the three levels of the judicial system and challenges facing the judicial system, recognized the role I can play in preparing our students to become active members of the judicial system (jury pool) while avoiding time in police custody. – Narcoossee Middle School Teacher (St. Cloud) I left with a much better understanding of the differences between the state and federal court systems and the jurisdiction and the responsibilities for each. – Osceola County School for the Arts Teacher I learned the differences between the various levels of courts within the state and federal systems. – Howard Middle School Teacher (Orlando) I learned an amazing amount of information about the law, the dynamics of the courts, and the landmark Supreme Court cases that have set precedent in this country. – New Smyrna Beach Middle School Teacher I loved the pop quiz, tests people’s knowledge . . . more of that. – Parkway Middle School Teacher (Kissimmee) I learned about the history of Orlando and how the Capitol came to be. – Memorial Middle School Teacher (Orlando) I enjoyed the perspective from the judges on how difficult sentencing could be. I also enjoyed the DA. – River Springs Middle School Teacher (Orange City) I enjoyed hearing all the aspects of the court system from the trial judges, prosecutors, and public defenders. – Howard Middle School Teacher (Orlando) Overall, I had a great time at the Legal Institute and I am glad I had the opportunity to join in such an educational experience. – Parkway Middle School Teacher (Kissimmee) The Teacher’s Legal Institute was a day-long program for educators to learn more about our legal system. The program presenters gave interesting
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lessons covering the history of our legal system as well as providing present-day perspective. Every single one of the presenters was outstanding. Following the presentations, the participants toured the federal courthouse and were presented with certificates recognizing their participation. The participants also received monogrammed bags containing teaching materials and pocket constitutions. Thanks to our presenters for an amazing day of learning: Orange County Bar Foundation
Past President Jessica Hew, Orange County Bar President Thomas Zehnder, Judge Bob
LeBlanc, Judge Antoinette Plogstedt, Judge Julie O’Kane, Judge Frederick Lauten, OCBA Foundation board member Wiley Boston,
Orange County School Board Chair and former Foundation President Bill Sublette, Leadership Orlando’s Scott Gabrielson, Judge John Antoon, Judge Gregory Presnell, Assistant U.S. AttorneyVinceCitro,JudgeKarenJennemann, Magistrate Judge Gregory Kelly and Assistant Federal Defender Jim Skuthan. The Teacher’s Legal Institute was funded entirely by the Middle District of Florida Bench-Bar Fund. This fund is created using renewal fees that lawyers pay when they renew their membership to the Middle District of Florida District Court. The program was also supported by the Orange County Bar Foundation. Members of the Foundation were instrumental in the planning and programming. The Orange County Bar Foundation, which focuses on community education, continued page 19
theBriefs July 2011 Vol. 79 No. 7
OCBA LuncheonWednesday, July 27, 2011 Alex Martins Orlando Magic President
A Alex Martins
lex Martins, who has spent 23 years in professional sports management and rejoined the Magic in June of 2005, was promoted to president on July 28, 2010. Martins, who served in various senior-level management capacities with the Magic between 1989-98 and as the organization’s executive vice president of marketing and franchise relations in 2005-06, oversees the day-to-day business operations of the club, including marketing, ticket sales, season ticket services and operations, community relations, broadcasting, corporate partnerships, communications, government relations, arena development and business strategy. Over the past four years, he has served as the team’s chief operating officer. During this time, Martins led the Magic in its business operations while overseeing a ticket sales effort that resulted in the largest increase in attendance in the NBA, the most new sales and season tickets sold in the league in two of the last four years, the largest group sales effort in team history, and the team’s highest season ticket renewal rate over the last seven years. This season the Magic has built its season ticket base to its highest level in its history. Additionally, over the last four years at the Annual NBA Sales and Marketing Meetings, the Magic organization was awarded the “New Full Season Ticket Award” twice for being No. 1 in the NBA in new full season tickets sold, a “90 Percent Renewal Award” for being just one of five teams to achieve a 90 percent or higher season ticket renewal rate in 2007, a “Sponsorship Account Performance Award” for the extraordinary number of accounts secured by the Corporate Partnerships Department and the “Retailer of the Year Award” for the team’s retail sales performance. Throughout the meetings, the organization was used in best practice examples in several areas of the team’s
operation, ranging from public relations/community relations synergy to game presentation. Martins was recently named to the NBA Team Presidents Advisory Council. Martins was instrumental in helping to secure a new state-of-the-art Amway Center in Orlando. The Amway Center is part of a public community venues program that also includes a new Performing Arts Center and a renovation of the Citrus Bowl stadium. The new Amway Center opened in October 2010. In addition, the Magic also contributed $20 million toward five community recreation centers throughout Orange County, Florida, which are currently under construction, as part of its commitment to build the new Amway Center. Martins originally joined the Magic as director of publicity/media relations in April 1989. In September of 1996, he was promoted to senior director of communications, overseeing all internal and external communications for the organization. He also previously served as the Chairman of the Board of the Magic Action Team Community Fund. The Magic Action Team Fund developed into the Orlando Magic Youth Fund, which has distributed nearly $15 million to local non-profit organizations during the last 19 years. Additionally, Martins served on the developmental board that formulated the DeVos Sport Business Management Program at the University of Central Florida. The program has been funded through a $9 million endowment by Rich and Helen DeVos and awards dual Master’s degrees in Sports Business Management and Business Administration. continued page 6
Sponsored by:
theBriefs July 2011 Vol. 79 No. 7
www.orangecountybar.org
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President’sMessage continued from page 3
procedural and substantive areas of state and federal law. The program was a huge success, with 39 educators in attendance. I’m very proud of the Teacher’s Legal Institute and of our bar and judiciary for their commitment to civics education. I’m also proud of the wonderful educators who dedicate their talents and skills to teaching children about our system of government and laws. The importance of civics education cannot be overstated. Public enlightenment about civics is critical to preserving not only a strong and independent judiciary, but our constitutional democracy
for generations to come. We are making great strides. But, we can do better! I urge you to find out more about civics education in your local schools and to consider volunteering at a Justice Teaching event or an ABA-sponsored academy. For more information, check out www.americanbar.org/groups/ public_education/civics or www. justiceteaching.org. Thomas A. Zehnder, 2011-2012 president of the OCBA, is a partner with King, Blackwell, Downs & Zehnder, P.A. He has been a member of the OCBA since 1995.
July LuncheonAlex Martins continued from page 5
After leaving the Magic in 1998, Martins went on to serve as the senior vice president of marketing and branding for the NBA’s New Orleans Hornets and vice president of communications and public affairs with the NFL’s Cleveland Browns. In 2003, he returned to Orlando to serve as vice president of sports ventures with the Tavistock Group. In his role with Tavistock, Martins served as tournament director of The Tavistock Cup, a PGA Tour-sanctioned event. Martins earned a Bachelor of Science degree in business administration in 1986 from Villanova, where he started his career as a student assistant in the Villanova sports information department. He assisted in the Philadelphia 76ers public relations department from 1986-1988 and was also the assistant sports information director at Georgetown University (1988-89). Martins currently serves as secretary/treasurer on the Executive Committee of the Metro Orlando Economic Development Commission, the board of directors of the Orlando/Orange County Convention & Visitors Bureau, the board of directors for Florida Children’s Hospital, the board of directors of the Coalition for the Homeless and the Central Florida Commission on Homelessness, the board of directors of the Dr. Phillips Performing Arts Center and the Central Florida board of directors for Seaside National Bank & Trust. Martins is also the chair of the Central Florida Partnership. Martins earned his MBA from the University of Central Florida, where he was recently inducted into the College of Business Administration’s Hall of Fame. He also serves on the Dean’s Executive Council for the College of Business Administration at UCF and was honored with the opportunity to serve as commencement speaker for the University’s commencement in August of 2008. A native of Kearny, New Jersey, he resides in Orlando with his wife, Juliet, and daughters, Sophia (age 6) and Gabrielle (age 4). PAGE 6
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theBriefs July 2011 Vol. 79 No. 7
2011-2012Legal Aid Society Officers & Board of Trustees Officers
Norberto S. Katz
Tad A. Yates
William A. Davis, Jr.
Glenn A. Adams
President-Elect Ninth Judicial Circuit 425 N. Orange Ave. Orlando, FL 32801 407-836-2287 ctadnk1@ocnjcc.org
President Law Offices of Tad A. Yates, P.A. 3117 Edgewater Dr. Orlando, FL 32804 407-608-7777 tad@tadyates.com
Secretary Cole, Scott & Kissane, P.A. 1900 Summit Tower Blvd., Ste. 750 Orlando, FL 32810 321-972-0026 william.davis@csklegal.com
Treasurer Holland & Knight LLP 200 S. Orange Ave., Ste. 2600 Orlando, FL 32801 407-425-8500 glenn.adams@hklaw.com
Jamie Billotte Moses
Ex-Officio Fisher, Rushmer, Werrenrath, Dickson Talley, and Dunlap, P.A. 20 N. Orange Ave., Ste. 1500 Orlando, FL 32801 407-843-2111 jmoses@fisherlawfirm.com
Board of Trustees Wiley S. Boston
Meenakshi A. Hirani
Holland & Knight LLP
Richard S. Dellinger
Meenakshi A. Hirani, P.A.
Page, Eichenblatt, Bernbaum & Bennett, P.A.
Nicholas A. Shannin
Betty Jackson Chris Pantano
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Ruth’s Hospitality Group
Taylor C. Kessel
Charles R. Stepter, Jr.
John R. Hamilton
Elizabeth F. McCausland
Ana E. Tangel-Rodriguez
Lauren C. Heatwole
Paul C. Perkins, Jr.
Foley & Lardner LLP
Fishback Dominick
Liz McCausland, P.A.
Morgan & Morgan, P.A.
Tangel-Rodriguez & Associates
Lay Trustee
SunTrust Bank Lay Trustee
Mary Anne De Petrillo Executive Director Legal Aid Society of the OCBA
Paul & Perkins, P.A.
2011-2012OCBA Foundation Officers & Board Members Officers
Richard S. Dellinger
Jessica K. Hew
President Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 N. Eola Dr. Orlando, FL 32801 407-843-4600 richard.dellinger@lowndes-law.com
Vice President Burr & Forman, LLP 369 N. New York Ave., Ste. 300 Winter Park, FL 32789 407-647-4455 jessica.hew@burr.com
Paul J. Scheck
Treasurer Shutts & Bowen, LLP 300 S. Orange Ave., Ste. 1000 Orlando, FL 32801 407-423-3200 pscheck@shutts.com
Board Members The Hon. Faye Allen
Meenakshi A. Hirani
The Hon. Julie H. O’Kane
Cynthia G. Schmidt
Frank M. Bedell
Kristyne E. Kennedy
The Hon. Antoinette Plogstedt
The Umansky Law Firm, P.A.
Ninth Judicial Circuit Court Winderweedle, Haines, Ward & Woodman, P.A.
Wiley S. Boston
Meenakshi A. Hirani, P.A.
Ninth Judicial Circuit Court
The Law Office of Kristyne Kennedy, P.A.
R. Gavin Mackinnon
Ninth Judicial Circuit Court
Eric C. Reed
Holland & Knight LLP
Wicker, Smith, O’Hara, McCoy & Ford P.A.
Shutts & Bowen, LLP
Amy M. Guy
The Hon. Wilfredo Martinez
Diego “Woody” Rodriguez
Calandrino Law Firm, P.A.
theBriefs July 2011 Vol. 79 No. 7
Ninth Judicial Circuit Court
William D. Umansky
Orange County Public Schools
www.orangecountybar.org
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theBriefs July 2011 Vol. 79 No. 7
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theBriefs July 2011 Vol. 79 No. 7
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PAGE 12
JOANNE KENNA, J.D., R.N. (ILL.) • J.D., Stetson Univ. College of Law • Diploma, St Anne’s Hospital School of Nursing • R.N., Illinois • Licensed in Florida
CHRISTOPHER E. BROWN • B.A., Coastal Carolina University • J.D., Barry University of Orlando, College of Law • Licensed in Florida • Member, American Health Lawyers Association
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• Opinion Letters • Complex Litigation • Medical Staff Bylaws
theBriefs July 2011 Vol. 79 No. 7
Legal Aid Society Legal Aid Celebrates 50th Anniversary with Annual Awards
I Catherine A. Tucker
n 2010, volunteer attorneys provided free legal services to more than 1,100 new clients through the Legal Aid Society. They handled a variety of cases — bankruptcy, evictions, divorce, immigration, housing foreclosures, and guardianships. They served as Guardians ad Litem for more than 1,300 children. In addition to casework, volunteer attorneys provided services through eight projects and helped with wills, taxes, Teen Court, alternative dispute resolution, teen parents and the homeless. Attorneys also contributed $400,000 through the “in lieu of service” contribution and almost $60,000 in cash contributions to the Breakfast of Champions. In honor of Legal Aid Society’s 50th Anniversary, a Lifetime Achievement Award was presented to Michael R. Walsh. Michael was an early supporter of Legal Aid. As a member of the Executive Council of the OCBA and Legal Aid’s Board of Trustees, he was part of the leadership that created and developed the organization that exists today. As a leading family law practitioner, he has continued to use his skills to provide individual representation to indigent clients for five decades. In 2011, he accepted five family law cases from Legal Aid. Michael continues to provide Legal Aid staff with his advice and supports the organization with generous contributions. The Judge J.C. “Jake” Stone Distinguished Service Award is the highest pro bono recognition from Legal Aid. Edmund T. Baxa, Jr. re-
ceived the award this year. Ed is a partner at Foley & Lardner and national chair of the firm’s Pro Bono Committee. He is a leader in encouraging pro bono work in his firm and in other firms. Ed has been an active Guardian ad Litem for over 25 years and has served as a GAL for more than 80 children. Among many outstanding pro bono attorneys, Ed’s record of volunteer work is exceptional. John Hamilton accepted the award for Ed at the installation and awards banquet. The Law Firm Award of Merit is presented to the firm whose members have provided significant pro bono service by handling case work during the past year and over the firm’s history. Paul & Perkins, P.A., was recognized with its first Award of Merit. Founded in 2008, the firm consists of
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DavidPaul,PaulPerkins,JosephTamborello, Jr., Jason A. Paul, Pamela Burke, and J. Scott Murphy. Each of the firm’s attorneys participates
in pro bono work, and the firm has made generous financial contributions to Legal Aid, as well.
Individual Awards of Merit are presented in several categories: for Guardians ad Litem, for case handlers in other areas of law, and for project attorneys. The awards recognize the attorneys’ individual contributions and unique work. This year’s Awards of Merit for Guardians ad Litem were presented to John M. Joyce, Stephen D. Milbrath, Barry W. Rigby, and Wayne Starr. Richard D. Baxter, Christopher C. Cathcart,
and Elizabeth F. McCausland were recognized as Pro Bono Champions. Awards of Merit for project attorneys went to Justin P. Schafer for the Community Education Project, Jane Dunlap Callahan for the Earned Income Credit Tax Clinic, and R. Kimbark Lee for the Teen Parent Education Project. The New Lawyer Award is presented to an attorney who is within the initial five years of his or her practice in Florida and has made an outstanding commitment to pro bono work. Matthew T. Farr was the recipient of this year’s New Lawyer Award. The Volunteer Advocate for Children Award is presented annually to a lay volunteer in the Guardian ad Litem (GAL) Program who has demonstrated his or her dedication to serving abused and neglected children in our community. Patricia Kistenmacher received this year’s award. A Law Student Award of Merit to acknowledge the wonderful work of a law student volunteer at Legal Aid was presented to Elizabeth Aires of FAMU for her volunteerism beyond the school’s pro bono requirement or course work. Catherine A. Tucker is the Pro Bono Coordinator/Deputy Director of the Legal Aid Society. She has been a member of the OCBA since 1998.
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www.orangecountybar.org
theBriefs July 2011 Vol. 79 No. 7
Legal Aid SocietyWhat We Do...
T Donna A. Haynes
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Thank You for Your Support
he SunTrust lobby popped with activity at the 2011 Gala on April 16, 2011. Two hundred and sixty-one attendees in formal attire laughed, danced and celebrated. It was truly the perfect time to do so. This year’s Gala was to honor and celebrate the founding of the Legal Aid Society fifty years ago. Frank Bedell, president of the OCBA at the time, Jamie Billotte Moses, then-president of the Legal Aid Society, and Tad Yates and Krista Bartholomew, Gala chairs, championed the theme of the 2011 Gala, and the support of the Orange County Bar Association’s members and friends was heartfelt. Many members not only paid for tickets but also donated items to the auctions – everything from beautifully hand-crafted homemade wine stoppers and pens to Gator sports memorabilia. Chris Pantano, a Legal Aid Society board member and SunTrust Client Advisor on the bank’s Legal Specialty Team, and SunTrust’s Central Florida Division President and CEO David Fuller graciously offered the SunTrust atrium as the Gala venue, thus reducing costs and maximizing revenue for Legal Aid. Without doubt, the funds raised will allow Legal Aid to continue making positive changes in the lives of the neediest members of the Central Florida community. The SunTrust building was transformed with entertainment that spanned the decades. A smooth jazz ensemble created the mellow, early-evening atmosphere, and the eclectic sounds of a topnotch DJ closed down the house and dancing after 11:00 p.m. Mark Leggett of Arthur’s Catering performed an amazing feat, mixing seating areas with auctions, a dance floor with bohemian-style conversation zones and, as always, catering a delicious assortment of food of the highest caliber. The Gala provided entertainment for everyone, even sports enthusiasts, as the Orlando Magic played on a large screen television that was provided by Boehm & Boehm! Special thanks go to
Randy Goulett of CBRE for his assistance behind the scenes in making the event come to life. Legal Aid will receive $15,500 as a result of sponsorships and a portion of the auction sales. Our need for new sources of funding is considerable. The Florida Bar Foundation, Legal Aid’s largest funding source, has had to make funding cuts in 2011 due to continuing record-low interest rates on IOLTA accounts and depletion of the Foundation’s reserves. The Foundation has informed Legal Aid that it should expect additional cuts in 2012 and 2013, including a $225,935 cut in 2012. Although we believe this is a short-term situation since interest rates on IOLTA trust accounts are expected to increase over time, the Legal Aid Society is working hard to replace this funding in order to avoid staff layoffs and reduced services to the public. The Legal Aid Society thanks the OCBA, its members and the Gala’s vendors for a memorable 50th Anniversary Celebration, and we look forward to our next milestone 25 years from now! Please contact Donna Haynes at dhaynes@legalaidocba.org or 407-841-8310, ext. 3150, if you are interested in: • Funding an attorney position. • Making an in-kind donation (such as marketing assistance). • Helping with a special fundraising event.
Donna A. Haynes is the Director of Development at the Legal Aid Society. She has been a member of the OCBA since 2008.
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SpecialFeature
T Skinner Louis
Chanel A. Mosley
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YLS Mentoring Program Gets an A+
he new YLS Mentoring Program kicked off in the fall of 2010. With the hard work of board members Kristopher Kest and Sunny Hillary, in conjunction with Career Services Director Cinnamon Baker of Barry University School of Law, Professor Richard Hurt at FAMU College of Law and Barry Law School student Trish Bowden, the program was designed to pair second- and third-year law students from Barry and FAMU law schools with YLS young lawyers for one school year. Throughout the year, each mentoring team participated in several activities to expose law students to the realities of the practice of law and life as an attorney. Law students gained valuable experience by sitting in on depositions, hearings and client consultations, and enjoyed the camaraderie of OCBA social functions, fundraisers and luncheons. The pairs also engaged in valuable discussions about the realities of law school, finals, student loans and career paths. Tony Sos, a local personal injury attorney with the firm of Dellecker, Wilson, King, McKenna, Ruffier & Sos, and Bill Tonelli, a third-year law student at Barry Law School, were very active in the mentoring program. “I had many mentors as a young lawyer and this program gave me the opportunity to give back and build new friendships along the way,” said Tony. The team participated in several activities throughout the year, giving Bill an opportunity to gain valuable experience that a law student might not receive in the classroom setting. “I had several opportunities to see Tony in action as an attorney,” Bill remarked. “I was able to observe the attorney-client interaction and learn from those experiences.” Bill is now interested in practicing personal injury law after law school and credits Tony with the inspiration behind his interest. Throughout the year, Bill was able to experience firsthand the workings of a personal injury attorney and hopes to attend a trial in the future. “The idea was not only to expose Bill to various legal proceedings, but also to get him involved in OCBA events that would give him an opportunity to foster relationships with other members of the bar,” explained Tony. Through the program, Bill was able to build new relationships within the community that he can carry into his own practice as an attorney. “It was great to see
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Bill’s enthusiasm and feed off of it,” said Tony. “It is promising to see a law student so eager to learn and progress in his career.” Tony and Bill are very enthusiastic about continuing to participate in the mentoring program next year. “I hope to become a mentor someday, to give another law student the same valuable experience I have gained this past year,” said Bill. Additionally, Steve Klein, a local commercial litigator with the firm of Rumberger, Kirk, and Caldwell, paired up with Andrew Pekoe, a second-year law student at FAMU College of Law. The two had many positive things to say about the mentoring experience. “I have learned that it takes multiple skills to be a good lawyer. Steve has showed me, on top of legal competence, things such as courtroom decorum and relationship building are equally important,” said Andrew. “I wanted to show him the real aspects of being a lawyer, while impressing upon him the importance of making the right decisions as a law school student. Our relationship took an ‘anything goes’ approach and I tried to answer every question Andrew gave me,” explained Steve. Andrew added, “For me the most pressing things are bar study and the practical application of the things I am learning in law school.” By virtue of the YLS spear-heading the Mentoring Program, these were things “not too far removed from experience” for Steve. “I provided him the things that I found worked for me while in law school and he was very receptive,” said Steve. Steve and Andrew’s relationship assisted Andrew in honing his law career choice. “Steve is an excellent mentor, and although I’m interested in transactional law, observing his litigation practice gave me a wider perspective in my law career choices in general,” said Andrew. The two discussed many topics, from dealing with negative personalities to moving up the rankings in a large firm. “My goal is to eventually run my own firm, but Steve has showed me the positives of learning all I can by first joining a great firm before going out on my own,” said Andrew. Whether working
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for himself or a firm, Steve advised Andrew that, “he needs to be the type of lawyer that seeks to go above and beyond the call of duty in order to build the credibility that leads to opportunities.” Andrew enjoyed the Mentoring Program and recommended that YLS continue to foster its development. The YLS Mentoring Program, which will begin again this fall, promises to be a success. Lawyers and law students will be paired based upon common interests with the hope that new friendships will be fostered and law students can gain valuable insight into the practice of law. Mentors are needed for the fall 2011 pairing and are asked to go to www.ylsmentoring.org to apply. Returning mentors must re-apply via the new website. All mentors must apply by Monday,
Aug. 15, 2011. The application form has been streamlined for ease and efficiency. Mentees – feel free to browse the site! Open enrollment runs from 8:00 a.m., Monday, Aug. 29, 2011, through 5:00 p.m., Monday, Sept. 12, 2011. If you would like to participate, please contact Kristopher Kest at kristopher. kest@lowndes-law.com or 407-843-4600.
YLS Mentoring Happy Hour
Skinner Louis, founder of The Louis Law Firm, PLLC, is vice-chair of the Mentoring Committee. He has been a member of the OCBA since 2010. Chanel A. Mosley, an associate with Marshall, Dennehey, Warner, Coleman & Goggin, is a YLS board member and a member of the Mentoring Committee. She has been an OCBA member since 2010.
April 20, 2011 • Ember Sponsored by M&I Bank
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YLS on the move
I
ndependence Day is arguably the proudest holiday for attorneys, as our forefathers carefully penned the Declaration of Independence and, with it, created the very foundation of our freedom and liberty. These great men inspired not only a new nation in their own day, but also generations of attorneys to follow. As you celebrate the 4th of July, remember that our nation’s first attorneys have much to do with the very nation we are today. Now, let’s see what the YLS has been up to this summer.
Jacquelynne J. Regan
On May 20, 2011, YLS was proud to participate in the American Cancer Society’s Relay for Life at Lake Eola. With ten volunteers, YLS walked tirelessly throughout the evening for this cause and raised $1,000. Thank you to Lisa Gong and Will Jay for their efforts in organizing the YLS team for this fun and worthwhile cause. On May 21, 2011, members of the YLS gathered at Great Oaks Village for another fun afternoon with the children. The Young Lawyers, along with Judge AlanApte,JudgeFayeAllen,JudgeMikeMurphy and Judge Heather O’Brien, spent the afternoon with approximately 40 foster children. The kids enjoyed a water slide, arts and crafts, snow cones, basketball and a pizza lunch. Also, for the second year in a row, Nicole Weaver coordinated a shoe drive where lawyers and judges sponsored the purchase of a brand new pair of shoes for each child living at the foster care facility. For the last five years, the Young Lawyers Section of the OCBA has sponsored a fun day event for children who reside at the Great Oaks Village in Orlando, Florida. The Great Oaks Village is a residential foster care group that houses approximately sixty children from birth to 17 years of age who have been removed from their home by the state due to abuse, neglect and/or abandonment. NicoleWeaverandLaShawndaJacksonorganized this special time between the children and the members of the YLS. The YLS would also like to thank Track Shack for donating three pairs of shoes. The OCBA Young Lawyers Section will host its annualYoung Lawyers ReceptiononThursday, July 21, 2011, from 6:00 p.m. to 8:30 p.m. at the John & Rita Lowndes Shakespeare Center, located at 812 East Rollins Street, Orlando, Florida 32803. This is one of our biggest events of the year. It’s an excellent way to show young lawyers the benefits of belonging to the OCBA and YLS as they establish their practice in the Orlando area. The event is also a great opportunity to network with area judges, attorneys and law clerks in a relaxed, enjoyable setting. To inquire about sponsorship opportunities or to RSVP, please contact Jill Simon at jill.simon@lowndes-law.com or 407-4186229. Please RSVP by Friday, July 8, 2011.
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The next two Brown Bag Lunches with Judge John Kest will be July 22 and August 11. July’s lunch will focus on Voir Dire – Basic Jury Selection, and August’s topic will be announced shortly. Please feel free to bring your lunch and learn while you eat. Cool off with an ice cream cone at July’s lunch! Please tell security you are attending the Brown Bag Lunch with Judge John Kest in the Judicial Conference Room on the 23rd floor so you will be permitted to bring your lunch through security. Each seminar offers 1.5 hours of CLE credit. If you are interested in attending, please contact Judge Kest’s judicial assistant, Diane Iacone, at 407-836-0443 or ctjadi1@ocnjcc. org. The YLS July Luncheon will take place on July 20, 2011, at 11:45 a.m. at the University Club. Please
email your RSVP to admin@ocbayls.org. If you RSVP by July 18, 2011, the cost is $20 for lawyers and $12 for law students, government attorneys, solo attorneys, and judges; a late charge of $2.00 will be added if you do not RSVP by the deadline.
“If you can dodge a wrench, you can dodge a ball!” The YLS will be hosting the 2nd Annual Dodgeball Tournament on Thursday, August 4 from 5:30 p.m. to 8:30 p.m. Teams of six will take turns trying to take out their opponent while avoiding being hit in an effort to capture the “golden wrench,” the trophy awarded to the top team. The entry fee is only $50 per team, and each team is guaranteed to play at least three games. Interested team captains can contact Shane Fischer at shane@fischer-law. com for more information or to sign up. The YLS is looking forward to its signature golf tournament in September! This year, the 20th An-
nual OCBA Young Lawyers Section Golf Tournament will take place on Friday, September 30, 2011, at 8:00 a.m. at the beautiful Reunion Resorts
Golf Course. Teams and sponsorships are filling up fast!!! For registration information, please contact Brett Renton at 407-835-6791, brenton@shutts. com, or Jerry Lee Hanbery at 407-389-9695, jerry.hanbery@brockandscott.com. Space is limited, so be sure to get those registrations in soon. The YLS greatly appreciates the continued support of this annual event by local firms and businesses. This just in! The YLS Mentoring Program, which just finished a very successful first year, is now accepting applications for 2011-2012. If you’re interested in participating, please go to the Mentoring Program’s new website at www.ylsmentoring.org to read about the program and apply. If you are a returning mentor, please re-apply via the website. Thanks!
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To find out more about the YLS and its committees and events, please contact me, Jacquelynne Regan, at 407-418-6438 or reganjj@ lowndes-law. com. If you are not receiving the YLS email blasts, send an email to admin@ocbayls.org to sign up! Jacquelynne J. Regan is an attorney with Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. She has been a member of the OCBA since 2007.
Great Oaks Shoe Drive and Fun Day
Bounce House at Fun Day
OCBAFoundation News continued from page 4
Teacher’s Legal Institute May 20, 2011 • Federal Courthouse
is the outreach arm of the Orange County Bar Association. From the consequences of one’s actions, to how the judicial system works, to supporting the local schools, to mentoring, the Foundation helps citizens gain a better understanding of the judicial system. The Foundation supports local High School Moot Court Competitions, Law Week programming, the Florida Supreme Court’s Justice Teaching Program and other outreach programs. theBriefs July 2011 Vol. 79 No. 7
With your support, the Foundation will continue to better the legal profession through outreach to the local community with educational programming such as the Teacher’s Legal Institute. Richard S. Dellinger is a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. He serves as a board member with the Orange County Bar Foundation and serves on the Middle District of Florida Historical Society. He has been a member of the OCBA since 2002.
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Business LawCommittee
Secrets Revealed: Fundamental Steps to Pleading and Proving a Trade Secret Claim in Florida - Part II
Christopher A. Pace
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Misappropriation of the Trade Secret (Acquisition and Disclosure or Use) ast month’s article focused on the critical elements of trade secret identification and the statutory definition of “trade secret” under the Florida Uniform Trade Secrets Act (FUTSA). Once information falling within FUTSA’s trade secret definition has been identified and pled, the substantive elements of one or both forms of misappropriation must be pled and established. Under FUTSA, “misappropriation” is first defined as the “acquisition” of a trade secret by a person who knows or has reason to know that the trade secret was acquired by improper means.1 Thus, a claimant must be prepared to plead and prove: (a) the defendant acquired the trade secret information and (b) knew, or had reason to know, that the information was acquired through theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means, and (c) the owner of the trade secret suffered damages or requires injunctive relief.2 “Misappropriation” is further defined under FUTSA in three parts. Misappropriation is the “disclosure” or “use” of a trade secret without express or implied consent by someone who: (1) acquired knowledge of it through the use of improper means, (2) at the time of disclosure or use, knew or had reason to know his or her knowledge was derived from or through a person who had utilized improper means to acquire it, acquired under circumstances giving rise to a duty to maintain the secrecy of the information or limit its use, or derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use, or (3) before a material change of his or her position, knew or had reason to know that the information was a trade secret and that knowledge of it had been acquired by accident or mistake.3 This last element of the three part definition may create a safe harbor for defendants who mistakenly come into possession of trade secret information but neither know nor have reason to know of its protected status or the circumstances of its unlawful procurement.4 Additionally, for the “disclosure” or “use” form of misappropriation, the plain language of FUTSA, and the cases interpreting it, do not appear to require a certain level of the activity triggering liability – there simply must be some form of disclosure or use of
L
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the information.5 Like misappropriation through acquisition, claimants must be prepared to satisfy these elements of misappropriation through evidence of disclosure or use and to prove that the owner of the trade secret suffered damages or requires injunctive relief. If damages are awarded, they can include the actual loss and unjust enrichment caused by the wrongdoer’s misappropriation.6 In addition, if willful and malicious misappropriation exits, the court may award exemplary damages in an amount not exceeding twice the sum of actual and unjust enrichment damages awarded.7 If an injunction is sought, FUTSA authorizes the court to issue an injunction to enjoin “actual” or “threatened” misappropriation.8 In “exceptional circumstances” (i.e., a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable), the court may issue an injunction that conditions future use upon payment of a reasonable royalty for no longer than the period of time for which the use could have been prohibited. In either case, the usual standards for injunctive relief apply.9 Accordingly, claimants must establish a likelihood of success on the merits and demonstrate they will incur irreparable harm if the injunction is not granted.10
Other Considerations Since its effective date in 1988, FUTSA has governed all trade secret and misappropriation litigation. By its own provisions, FUTSA forecloses other tort actions and remedies.11 In relevant part, FUTSA states that it “displace[s] conflicting tort, restitutory, and other law[s] of this state providing civil remedies for misappropriation of a trade secret.”12 As a result, other torts involving the same underlying factual allegations as a claim for trade secret misappropriation will be preempted by FUTSA.13 Therefore, when claimants pursue tort claims in addition to a claim for misappropriation of a trade secret, material distinctions must exist between the allegations comprising the additional torts and those supporting the FUTSA claim.14 Additionally, under Florida law, the economic loss rule does not bar a claim for misappropriation of trade secrets under FUTSA, even if the FUTSA claim was indistinguishable from breach continued page 31
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OCBA 2011-2012 Officer Installation and Awards Banquet May 18, 2011 The Ballroom at Church Street
Legal Aid Society Officers & Board of Trustees
OCBA Foundation Officers & Board
Judge John M. Kest
OCBA Paralegal Section Officers & Board
OCBA Officers & Executive Council theBriefs July 2011 Vol. 79 No. 7
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ANNUAL PRO BONO AWARDS May 18, 2011
Lifetime Achievement Award Michael R. Walsh Judge J. C. Jake Stone Distinguished Service Award Edmund T. Baxa, Jr. Law Firm Award of Excellence Paul & Perkins, P. A. New Lawyer Award of Excellence Matthew T. Farr Pro Bono Champion Award of Excellence Richard D. Baxter Christopher C. Cathcart Elizabeth F. McCausland Guardian ad Litem Award of Excellence John M. Joyce Stephen D. Milbrath Barry W. Rigby Wayne Starr AIDS Special Will Project Award Carolyn S. Crichton Community Education Project Award Justin P. Schafer Tax Clinic Project Award Jane Dunlap Callahan Teen Parent Education Project Award R. Kimbark Lee Law Student Award of Excellence Elizabeth Aires Volunteer Advocate of the Year Award Patricia Kistenmacher
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Law Firm Award of Excellence David A. Paul, Paul & Perkins, P. A.
Elizabeth F. McCausland, Paul C. Perkins, Jr., Michael R. Walsh
Meena Hirani Outstanding Board Members Glenn Adams John S. Lord, Jr.
Meena Hirani, New Attorney of Excellence Matthew T. Farr
Meena Hirani, Judge Antoinette Plogstedt, Judge Faye Allen, LaShawnda Jackson theBriefs July 2011 Vol. 79 No. 7
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Outstanding Service for LAS 50th Anniversary Krista Bartholomew
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OCBA 2010-2011 Awards
Outstanding Committee Chair – Bill Davis Outgoing President’s Recognition – Frank Bedell
Outstanding Executive Council Member Wiley Boston
Outstanding Committee Chair – Tom Marks
Leigh Sigman Tom Zehnder, OCBA President and their children Ryan and Sarah
Outstanding Legislator David Simmons shown with Nick Shannin Krysia Simmons Tom Zehnder Dr. Robert Kennedy, Kristyne Kennedy
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Kim Homer (center), Director of the OCBA Residential Mortgage Foreclosure Mediation Program, presented a session at Mayor Dyer’s annual 2011 Neighborhood & Community Summit in May. The session, A Housing Toolkit: Prevent Real Estate Fraud and Foreclosure Scams, also included presenters Kathryn Roberts (left), Discrimination Investigator II, City of Orlando Office of Community Affairs-Human Relations, and Cora Fulmore (right), President, Mortgage & Credit Center, LLC.
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SideBar
Sunny Lim Hillary
Here are some interesting weather facts about Orlando: July is the warmest month. January is the coolest month. June is the wettest month. December is the driest month. The highest recorded temperature was 101°F in July of 1998. The lowest recorded temperature was 19°F in January of 1985. Remember to keep yourself, your children, and your pets as cool as possible this summer, but also try to take part in some of the upcoming events below!
CFAWL On June 10, 2011, the Central Florida Association for Women Lawyers swore in the following 20112012 Executive Board Members: Melanie Griffin (President), Angela Miller (President-elect), Jessica Price McGinnis (Secretary), Sarah Wallerstein Koren (Treasurer), Cinnamon Baker (Treasurer-elect), Amanda Perry (Membership Director), Camy Schwam-Wilcox (Membership Co-director), Wynne McFarlin (FAWL Representative), Keshara Davis (OCBA Representative), Jacquelynne Regan (Programs Director), Barbara Leach (Programs Co-director), Ashley Winship (Public Relations Director), Amanda Green (Director-at-Large) and Megan Malec (Young Lawyers Chair). Congratulations to all of these hard-working women! They joined the following 2011-2012 committee chairs at CFAWL’s Annual Retreat on June 12, 2011, to discuss a strategic plan to grow and better CFAWL over the coming year: Judges Anoinette Plogstedt and Nancy Alley (9th and 18th Circuit Judicial Liaisons), Conti Moore and Kim Hosley (Professional Women’s Exchange Co-chairs), Suzanne Meehle (New Members Reception Chair), Laura Weis (Judicial Reception Chair), Elaine Learner (Mentoring Chair), Kellie Symons Hall and Deborah Cook (Angel Tree Project Chairs), Kayla Mudge (Back Pack Project Chair) and Natalia Scott (Holidays in January Chair). On Tuesday, July 26, 2011, CFAWL and the OCBA YLS will co-host a happy hour in support of the annual Backpack Project benefitting Rock Lake Elementary School. The event will be held from 5:30 p.m to 7:00 p.m. at Urban Flats downtown, 183 S. Orange Ave. Orlando, Florida 32803. The cost is $20 (includes unlimited wine, flatbreads and appetizers), and RSVPs should be directed to committee chair Kayla Mudge (kmudge@kpsos.com). If you cannot attend the happy hour, monetary and supply donations will be collected at the CFAWL luncheons on July 8 and August 12 at the Citrus PAGE 26
Club beginning at 11:45 a.m., or you can contact Kayla at any time.
GOAABA The Greater Orlando Asian American Bar Association’s new board was also sworn in this month. Welcome to: Jessica Hew (President), Kim Nguyen (President-elect), Sunny Hillary (Secretary), Lisa Gong (Treasurer), Wanda Reas (Directorat-Large), Agnes Chau (Director-at-Large), Stephen Chong (Director-at-Large), Donna Hung (Director-at-Large), and Don Nguyen (Directorat-Large)! Thank you to Glenn Leong, Immediate Past President, for a successful term. This month, GOAABA will be hosting a CLE Luncheon. Richard S. Larson will be presenting a onehour CLE entitled, “A Conversation about Best Employment Practices,” which is sure to be beneficial for you and your practice regardless of your primary area of practice and regardless of whether you are a solo practitioner or an attorney in a small-, mid-, or large-sized law firm. For more information and to RSVP, please contact Wanda Reas at WReas@ znoskoreas.com. In August, GOAABA will be hosting a banquet as part of its educational program relating to the removal of the Alien Land Law. Florida is the only state that still maintains the following constitutional prohibition against aliens owning real property under Article I, Section 2 of the Florida Constitution: “[a]ll natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, natural origin or physical disability.” The restriction on alien ownership of land began in the late 1800s and continued through the early 1900s through the passage, state by state, of laws restricting Chinese and Japanese immigrants from owning real property. For more information about the banquet, or for educational literature prepared by GOAABA, please contact Agnes Chau at amc@agneschaulawfirm.com. PCPBar Paul C. Perkins Bar’s new board was also sworn in this month. Welcome to the new board of Paul C. Perkins: Jerry Girley (President), Kelli Murray (President-elect), Alvin Benton (Treasurer), Stephanie St. Louis (Secretary), and Jonathan Blocker (Parliamentarian)! Thank you to Warren Channell, immediate Past President, for a great term.
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CFAWL’s 2011-2012 Leadership Team at the CFAWL retreat
Japan Relief Fund Happy Hour sponsors
Voluntary Bar Joint Mixer Benefitted Japan Relief Efforts On April 21, 2011, several voluntary bars mixed it up at a happy hour to benefit Japan at a joint social at Mojo Bar & Grill. In attendance were members from throughout the community, as well as attorneys from the Hispanic Bar Association of Central Florida, the Greater Orlando Asian American Bar Association, the
CentralFloridaAssociationforWomen Lawyers, the Central Florida Gay & Les-
bian Law Association, and the Paul C. Perkins Bar Association. These voluntary
bars collected donations to provide to the Red Cross Japan Relief Fund, which was created following the devastating March 11, 2011, earthquake and tsunami that swept over the northern part of Japan. The YLS generously matched funds up to $2,500 raised for the Red Cross Japan Relief Fund. Thank you to the YLS and the numerous sponsors for their support, and to Lisa Gong of GOAABA, Felipe
Guerrero of HBACF, Kimberly Lorenz of CFAWL, Kenneth H. P. Bryk of CFGLLA, and Warren Channell of the Paul C. Perkins Bar Association for organizing this fundraising social. If you want to find out more about any of the above-referenced voluntary bar associations, please call me at 407-272-5488 or email me at sunny@hillarylaw.com. Sunny Lim Hillary, Hillary, P.A., has been a member of the OCBA since 2005.
7th Annual Texas Hold ‘Em Charity Poker Tournament & Happy Hour May 12, 2011 * Slingapours Sponsored by M&I Bank
First Place Second Place Third Place Fourth Place Fifth Place Sixth Place Seventh Place Eighth Place theBriefs July 2011 Vol. 79 No. 7
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Marty Schwam Jim Carlin Glenn Reid Scott Hudson Woody Rodriguez Phil Calandrino Valeda Adulojo Gary Schwartz PAGE 27
Presentation Skills for Lawyers “I’ve Never Been Convicted of a Felony” Using Vocal Emphasis to Bring Your Message to Life
H Elliott Wilcox
ave you ever been in a “discussion” (some might call it an “argument”) with your significant other and felt that your words were misinterpreted? We’ve probably all been in a situation where we said one thing, but our listener heard something completely different. Often, it’s not because of what you say, but rather, how you say it. Your words take on different meanings depending on how you emphasize them. In this article, you’re going to learn how to take full advantage of the power of your voice so you can emphasize words, fill them with meaning, and help your listener understand the exact message that you intend to convey. Imagine for one moment that you’re reading through a court transcript when you stumble across the following phrase: “I’ve never been convicted of a felony.” What message do you think the witness intended? If you’re like most readers, you probably think that the witness intended the literal message: He has never been convicted of, or even accused of, committing a felony. But that may not necessarily be what the witness intended. Without changing the order of the words, how many different meanings can you assign to that phrase? Using only slight changes in your voice, that single phrase can have up to six different meanings, depending on which word you emphasize: 1.“ I’ve never been convicted of a felony.” The other executives were convicted. My family members were convicted. Even my lawyer took a fall. But not me. 2. “I’ve never been convicted of a felony.” I completely deny your allegations. It’s never happened, not once in my entire life. I’ve never even been charged with a crime. Anyone who says different is a liar. 3. “I’ve never been convicted of a felony.” I’m about to be. I’ll be convicted tomorrow morning at 9:30 a.m., in courtroom 9-D, but up until this point, my record is still untarnished. “I’ve never been convicted of a felony.” Oh sure, I’ve been arrested, indicted, and brought to trial on numerous occasions. But somehow (wink wink, nudge nudge) the jury has never returned with a “Guilty” verdict. 4. “I’ve never been convicted of a felony.” When I’m convicted, they usually come in multiples of
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eight. For example, the last time I was convicted, the jury found me guilty of 56 separate offenses. Before that, 24 felony convictions in a single sitting. But never a single felony… 5. “I’ve never been convicted of a felony.” Misdemeanors? Oh, sure – hundreds, probably, thousands of those. But I’m proud to tell you that none of my convictions are for felony offenses. That single phrase can take on a variety of meanings when spoken aloud. By emphasizing different words, you breathe life and vibrancy into your words. Depending on where you place your emphasis, you completely change the meaning of the phrase. If you want to develop that vocal skill so you can bring words to life, emphasize important phrases, and help your audience understand what you mean, you need to master the skill of vocal emphasis. Here’s how: Start by asking a friend to listen as you say the phrase, “I’ve never been convicted of a felony.” Before you say the phrase aloud, you need to pick one of its six different meanings, but don’t tell your listener which meaning you intend to convey. Next, repeat the phrase aloud, doing your best to emphasize the meaning without over exaggerating the emphasis or making it sound forced. After you’ve repeated the phrase, ask your friend to tell you what message they thought you were trying to get across. Did they get it right? If they did, then you’re properly emphasizing your words to convey meaning to your audience. Continue to work your way through the other variations, until you’ve completed all six iterations. If your listener didn’t understand what message you were trying to convey, you need to keep practicing until you get it right before moving onto the next variation. Your voice adds flavor and texture to your word choices. Don’t neglect the power of emphasizing words to help your audience understand your message. Practice the skill of vocal emphasis until you master it, and you’ll never be misunderstood again. Elliott Wilcox limits his trial practice to DUI cases. He has been a member of the OCBA since 2001.
theBriefs July 2011 Vol. 79 No. 7
Valuation & Litigation Services Business Valuations
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Mark your calendar Legal Aid Society of the Orange County Bar Association, Inc. presents September 13
TUESDAYS 12:00 p.m.-1:30 p.m.
Comerica Bank
Public Benefits Speaker: Edward Dimayuga, Attorney at Law CLE Applied for
111 North Magnolia Avenue, Suite 1000 10th Floor, Corner of Magnolia and Washington Orlando, FL 32801
September 27
Mental Health Disorders in Children (GAL topic) Speaker: Jennifer Schmidt, GAL Case Coordinator CLE Applied for
October 4
July 12
Defenses to Garnishment Speakers: Larri Thatcher, Attorney at Law Michael Resnick, Attorney at Law CLE Applied for
Temporary Custody of Minor Children Using Chapter 751 to Obtain Custody by a Family Member: The Advantages, Limits and Practical Issues Speakers: William Davis, Attorney at Law Catherine Tucker, Attorney at Law CLE Applied for
July 26
The Basics of Special Education Law for Dependent Children (GAL topic) Speaker: Bethanie Barber, Attorney at Law CLE Applied for
October 18
Children’s Developmental and Medical Issues and Services in Orange County (GAL topic) Speaker: Ericka Garcia, Attorney at Law CLE Applied for
August 9
Basic Dissolution of Marriage with Children for Pro Bono Attorneys – Follow-up (Part 2) Speaker: Angel Bello-Billini, Attorney at Law CLE Applied for
November 1
Landlord Tenant Law Update Speakers: Larri Thatcher, Attorney at Law Michael Resnick, Attorney at Law CLE Applied for
August 23
The Foster Care System and Teen Parents (GAL topic) Speakers: Doris Mackey, GAL Case Coordinator Cara Dobrev, Attorney at Law CLE Applied for
December 6
Immigration Speaker: Charles Conroy, Attorney at Law CLE Applied for
For OCBA members, the training is free. For non-OCBA members participating in the LAS pro bono program, the training is free. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, please email: ctucker@legalaidocba.org or mcarbo@ legalaidocba.org or merazmus@legalaidocba.org. PARKING WILL BE VALIDATED THE DAY OF TRAINING. WE WILL NOT REIMBURSE PARKING VOUCHERS.
For more information, please contact Cathy Tucker at ctucker@legalaidocba.org; Marilyn Carbo at mcarbo@legalaidocba.org; or Michelle Erazmus at merazmus@legalaidocba.org. PAGE 30
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Business LawCommittee
Section 688.002(2)(a), Fla. Stat. (2010). Sections 688.002(1); 688.002(2)(a); 688.003; and 688.004, Fla. Stat. (2010). 3 Section 688.002(2)(b), Fla. Stat. (2010). 4 Gary S. Gaffney and Maria E. Ellision, A Primer on Florida Trade Secret Law: Unlocking the “Secrets” to “Trade Secret” Litigation, U. Miami Bus.L.Rev. 1, at 32 (2003). 5 Id. 6 Section 688.004(1), Fla. Stat. (2010). 7 Section 688.004(2), Fla. Stat. (2010). 8 Section 688.003(1), Fla. Stat. (2010). 9 Gaffney and Ellision, at 35 . 10 Id. 11 New Lenox Industries, Inc. v. Fenton, 510 F.Supp.2d 893, 908 (M.D. Fla. 2007). 12 Section 688.008(1), Fla. Stat. (2010). 13 New Lenox Industries, Inc., 510 F.Supp.2d at, 908. 14 Id. 15 Id. 16 Comptech Int’l v. Milam Commerce Park, Ltd., 753 So.2d 1219, 1222 (Fla. 1999); see also, e.g., Delgado v. J.W. Courtesy Pontiac GMC-Truck, Inc., 693 So.2d 602 (Fla. 2d DCA 1997) (economic loss rule does not limit claims under the Florida Deceptive And Unfair Trade Practices Act); Stallings v. Kennedy Electric, Inc., 710 So.2d 195 (Fla. 5th DCA 1998) (economic loss rule does not limit claims under Section 553.84, Fla. Stat.) 1
continued from page 20
2
of contract.15 This rule dovetails with controlling precedent which provides that the economic loss rule finds no application in statutory causes of action.16
Conclusion Successful outcomes in litigation are never guaranteed, and this is especially true in trade secret ligation. In practice, many trade secrets cases are dismissed for failure to plead FUTSA’s substantive elements. Others fail for lack of evidentiary support. The most prudent course is for practitioners to consult with their client in order to clearly identify the trade secret, and test the claim against each prong of FUTSA’s four-part statutory definition. Retaining or consulting with an expert early on to establish the “independent economic value” prong of the definition is also prudent. Familiarity with the topics touched upon in this article will not guarantee success, but it will go a long way toward avoiding an unanticipated collapse of one’s case. Christopher A. Pace is the current chair of the OCBA’s Business Law Committee. He has been licensed to practice law since 2003 and has been a member of the OCBA since 2006.
Richard Reinhart
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H O WA R D R . M A R S E E Mediator Special Master Arbitrator Certified Circuit Civil Mediator Since 1996. Member: Academy of Court-Appointed Masters. Author: Utilizing Special Masters in Florida (Oct. '07 Florida Bar Journal). Qualified to Mediate State & Federal Cases. Experienced Arbitrator of Complex Matters.
Upchurch Watson White & Max 800-863-1462 uww-adr.com Maitland theBriefs July 2011 Vol. 79 No. 7
Daytona Beach Miami Birmingham
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PhotoOps
Judicial Retirement
Judge Maura T. Smith You are cordially invited to attend a retirement reception for Judge Maura T. Smith Circuit Court Judge of the Ninth Judicial Circuit. Friday, July 8, 2011 12:00 p.m.-1:30 p.m. Orange County Courthouse Jury Assembly Room Dessert, punch and coffee will be served. Please join us in wishing Judge Smith well!
HONEYWELL MEDIATION & Other Alternative Dispute Resolution Services
Does your mediator relate to your client’s issues?
He or she should. But any mediator can relate better if he has walked the path you and your client are walking and fully understands the complex and competing goals of all parties to your dispute. 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.
• 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
Eric Reed, Tiffany Faddis, Felipe Guerrero, Joel W. Hass (CEO of the American Red Cross), Lisa Gong, Karla Valladares, Warren Channell at the voluntary bars’ Japan Relief fundraiser in April. YLS participated in the American Cancer Society’s Relay for Life at Lake Eola in May
IN RE ADOPTION OF
: : NICKELOUS ALEXANDER : JACKSON and DAVID ALLAN : JACKSON II : :
IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA ORPHANS’ COURT DIVISION NO. 2010 – 216 – IVT NO. 2010 – 217 – IVT
TO: DAVID ALLAN JACKSON NOTICE TO DEFEND AND CLAIM RIGHTS A Petition has been filed asking the court to put an end to all rights you have to your children, Nickelous and David. The court has set a hearing to consider ending your rights to your children. That hearing will be held in the Cambria County Courthouse, Ebensburg, Pennsylvania in Judge Kiniry’s Courtroom on July 26, 2011 at 1:30 P.M. You have a right to be represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the court-appointed advocate, Joseph R. Green, Esquire, 215 Vine Street, Johnstown, PA 15901, 814-536-0644, to find out where you can get legal help. Act 101 of 2010 (23 Pa.C.S.§2721-2742) allows for an enforceable voluntary agreement for continuing contact or communication following an adoption between an adoptive parent, a child, a birth parent and/or a birth relative of the child, if all parties agree and the voluntary agreement is approved by the court. This voluntary agreement may allow you to have continuing contact or communication, including, but not limited to letters and/or emails; photos and/or videos; telephone calls and/or text messages; or supervised or unsupervised visits. Timothy M. Ayres, Esq. 218 College Park Plaza Johnstown, PA 15904 814-262-2123
Neutral, convenient conference facilities on Lee Road in Winter Park. Available anywhere in Central Florida without travel charge. Dan H. Honeywell
PAGE 32 1/4 page OCBA The Briefs, July 2011
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theBriefs July 2011 Vol. 79 No. 7
Dues Renewal Pay your dues ONLINE today and enjoy your OCBA benefits all year long!
Network. Socialize. Learn. Enjoy.
•To pay your dues online, go to our secure website at www.orangecountybar.org click on “Member Login” and enter your login and password (you may also pay by check via mail.) •When you renew, be sure to update your membership photo for the Online Membership Directory and sign up for the Online Lawyer-to-Lawyer Specialty Index. •Dues renewal ends June 30. •To avoid the $25 late fee for renewal after June 30, email Karen Fast, membership manager, at karenf@ocbanet.org.
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theBriefs July 2011 Vol. 79 No. 7
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PAGE 33
CLEs!
Get your CLEs at an incredible $ 15 per credit hour or less!
O
rder individual programs or take advantage of our new 30- or 15-credit hour packages, including ethics, at prices you won’t be able to beat. Download the CD and DVD list at www.orangecountybar.org, and purchase your CLEs today.
It’s easy, it’s quick, and it’s a bargain! OCBA members – take advantage of this special pricing! Call 407-422-4551, ext. 225 for details.
OCBA Trivia Contest & Happy Hour
The date is: Thursday, July 28, 2011 Where: Slingapours on Wall Street Time: 5:30-8:30 p.m. Price: $75 per 5-player team ($5 for OCBA member non-players) RSVP to Shayne Thomas at sthomas@ralaw.com Space is limited, so RSVP soon. Each team must have 5 players per team. Registrations with more or less than five players will not be accepted. For more information, call Shayne Thomas at 407.835.8551.
Sponosred by:
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theBriefs July 2011 Vol. 79 No. 7
TRIAL SKILLS TITLES FOR FLORIDA LITIGATORS PROVEN • PRACTICAL • POPULAR
Berman’s Florida Civil Procedure, 2010-2011 Ed.
Florida Elements of an Action, 2010-2011 Ed.
Florida Motions in Limine, 2010 Ed.
Florida Practice Series, Vol. 4
Florida Practice Series, Vol. 21
by Bruce J. Berman
by Patrick John McGinley
by Julie Kay Baker, Heidi F. Friedman, and David N. Finley
Attorney Bruce J. Berman analyzes state civil procedure on a rule-by-rule basis, and crossreferences all rules to modern caselaw. He affords extensive coverage of Florida classaction procedures, offers of judgment, the forum non conveniens rule, and expanded discovery provisions.
This resource provides legal analysis of the required elements of various causes of action. Streamline your research efforts with this compilation of defenses, checklists, sample pleadings, and jury verdicts. Chapter titles include: • Actions Between or Among Children, Spouses and Families • Actions By Consumers • Actions Rising Out of Commerce • Actions After a Death • Actions from Employment • Actions in Equity • Actions for Intentional Torts
This practical text helps you make or oppose Florida in-limine motions. It contains dozens of fully briefed sample motions. Features include: • More than 1,500 preresearched and presummarized citations to be used in briefs or in court to support evidence exclusion motions • A companion copy-and-paste CD-ROM containing every sample motion and citation for easy drafting • Organization by type of evidence to be excluded, so you can find what you need quickly
One softbound volume, replaced annually. #40810731 $144
One softbound volume, one CD-ROM, replaced annually. #40522503 $182
This edition contains more than 340 updates of caselaw; new Rules 1.071 (constitutional challenges) and 1.285 (protection of inadvertent disclosures of privileged materials); and the revised timing requirements from the 2009 federal amendments, the Rule 56 rewrite, and other 2010 amendments. One softbound volume, replaced annually. #16345646 $277
To order, call 1-800-554-8827 or visit west.thomson.com Please provide OFFER CODE 652103 when ordering.
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Publication
OC Ba
MORE GREAT TITLES FOR FLORIDA LAWYERS.
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Florida Practice Series, Vol. 16
Florida Summary Judgment and Related Termination Motions, 2010 Ed.
by William H. Burgess III
Florida Practice Series, Vol. 20
This important reference assists judges, prosecutors, and defense attorneys in a critical but often misunderstood area of criminal law. It illustrates and explains the complex law of Florida sentencing and addresses bottomline issues for juveniles and adults, including: • Postrelease • Enhancements • Executive clemency • Reclassifications • Statutory maximums • Alternative sentencing • Contempt sentencing • Gain time • Restitution • Jail credit
by Monique Leahy
Here is a must-own reference for any Florida litigator making or opposing key pretrial termination motions such as summary judgment, dismissal, or motions to strike. This unique practice guide contains ready-touse citations (supporting and opposing) and expertly drafted forms for quickly creating or opposing the most critical pretrial motions. You’ll find insightful practice tips, useful for experienced litigants and for those less familiar with the law, plus help writing motions in less time and avoiding making motions where the law is not favorable.
Florida Trial Objections, 4th by Charles W. Ehrhardt
Here is the perfect tool to have at your side to handle nearly any trial objection. In this easyto-use, handy companion to Ehrhardt’s Florida Evidence, you’ll find that: • The language for each objection adequately raises each evidentiary issue • Each objection is followed by a brief discussion of applicable evidence law • The work includes references to the applicable sections of the Evidence Code and to supporting case authority Since local practice differs throughout the state, variations in the expression of particular trial objections are included to help you quickly locate the objection you need. One softbound volume, replaced as needed. #12283204 $50
One softbound volume, replaced annually. #40785711 $146
To order, call 1-800-554-8827 or visit west.thomson.com Please provide OFFER CODE 652103 when ordering.
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Sales to federal government customers may be subject to specific contract pricing.
theBriefs July 2011 Vol. 79 No. 7
17.5”
Rainmaking
W Mark Powers
Shawn McNalis
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All the World’s a Stage – for Rainmaking
hat can a mouse teach us about personal presentation? As it turns out, quite a lot. Visit any Disney property throughout the world and you’ll encounter clean-scrubbed, wellgroomed employees who’ll give you directions, sell you a balloon, or serve your meals. Each person (Disney refers to employees as members of their “cast”) you meet is costumed according to the role they play, and all conform to rigorous standards of appearance. Supporting this effort are extensive backstage facilities dedicated to making, cleaning and distributing thousands of custom-made costumes each day. To complete their look, each employee is given written grooming guidelines to follow, and management doesn’t tolerate deviations. Excess facial hair can be a firing offense. Why does Disney spend millions of dollars and a great deal of effort maintaining the look of their employees? The answer may surprise you. Prior to the opening of Disneyland in California, Walt Disney is reputed to have had a recurring dream haunt his sleep: he dreamt of walking down his newly constructed Main Street and being accosted by surly, cigarsmoking carnival types trying to entice guests into the shops. Carnival “barkers” were the antithesis of how he wanted his employees to dress and act. Though theme parks are a familiar concept today, Disney was breaking new ground in the mid-fifties and feared his multi-million dollar entertainment complex would be mistaken for some sort of carnival-like operation. Carnivals, in his mind, sat on the bottom tier of the entertainment hierarchy, far below Hollywood and the theatrical traditions with which he wanted to be associated. Driven by his fears, he instituted grooming standards for all his employees to follow. So what does this have to do with you and your law firm? More than you might think. Every day you don a costume of some sort to play your role as an attorney. Whether you stumble into the closet and emerge dressed in a new blue suit, a skirt and jacket or old khaki pants and a sport shirt, you pick out something, put it on and present yourself to the world. Your staff members do much the same. Some of you make an effort to put together something nice; others don’t give it much thought. Unfortunately, whether you think about it or not, your clothing and style of grooming make up
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your image and telegraph a message that clients, colleagues and others can clearly read. If you look clean, well groomed and dressed to fit your law firm’s culture, clients will believe you to be intelligent and trustworthy. If you aren’t appropriately put together, clients will, rightly or wrongly, regard you as less capable and won’t be as inclined to enlist your help with their problems. Just like Walt Disney, you can’t expect all your team members – especially the younger ones – to automatically possess grooming and dress standards suitable for a law office. Many don’t yet realize how their personal appearance speaks volumes about who they are. Compounding their lack of awareness is their lack of funds. To remedy this situation, we frequently advise partners to pay bonuses to team members in the form of gift certificates to assist with the financial burden of upgrading their wardrobe. (This has the added benefit of avoiding any “fee-splitting” concerns for bonuses given to non-attorney staff.) We also advise that anyone who needs help in this area meet with personal shoppers in department stores, who can be very helpful in assembling a business wardrobe that is flexible and looks professional but isn’t overly expensive. Most people don’t require a major makeover, but every now and then it’s a good idea to check your look. For most of you, a good rule of thumb to follow is this: dress slightly better than your clients. Adopt your own style within reasonable parameters, but be consistent with your firm’s image. Below are some written guidelines for you and your staff. These can be adopted (feel free to modify them to fit), put in your policies and procedures manual, handed to new recruits as part of their orientation, or posted somewhere in a back office. Also included are rules for clients who must appear in court – personal appearance can make a huge difference in how credible they look and how well they are perceived. Feel free to create a handout for clients to take home and follow. As for you and your team, read through the following suggestions and see if you are putting your best foot forward.
Personal Presentation Guidelines: Hair for staff and attorneys: For women: Clean, well-groomed hair in an appropriate cut with no obvious roots or unnatural continued page 38 PAGE 37
Rainmaking
continued from page 37
colors is best for the law firm environment. Hair ornaments, bands, ties and ribbons should be small, kept to a minimum and match the outfit they are accessorizing. For men: Clean, well-groomed hair in a cut appropriate for the law firm culture and not featuring unnatural colors or obvious roots is preferred. Facial hair should also be well-tended. Accessories for staff and attorneys: Jewelry and other accessories should be conservative in size and few in number. Earrings should not exceed half the size of the ear. Necklaces should be limited to one or two. One or two bracelets, or two bracelets plus a watch is appropriate. No obvious ankle bracelets. Cufflinks and tie-clips should be small in size and tasteful in appearance. Tattoos or piercings should not be on display. Clothing for staff and attorneys: Clothing should be clean, unwrinkled and of a style appropriate to the type of business the law firm conducts. Every attempt should be made to look well put-together and coordinated, whatever your style. Low-cut, cleavage-revealing tops or dresses are best for after hours and not usually appropriate for the law firm. Cropped tops that reveal the midriff and skirts that are too tight or too short don’t look professional. Courtroom attire for attorneys, staff members and clients: Err on the side of comfortable but conservative business attire. All clothing should be clean and unwrinkled. Men should wear ties and dark suits or dark sports jackets with coordinating pants. Blue suits are considered the best for enhancing credibility. Women should wear businesslike blouses, dresses or jackets and coordinat-
PAGE 38
ing skirts or pants. Also good are pantsuits or dresses that are not low-cut or revealing. Shoes should be coordinated with the suit or outfit and always clean and polished. For women, clean, closedtoe shoes are preferred, but some sandal styles may work if they don’t look too informal. Makeup for staff and attorneys: Minimal, natural-looking makeup devoid of glitter or other additives can be worn. Makeup should enhance facial features and look polished, but not appear unnatural or too exaggerated. Piercings and tattoos should be covered up or minimized for both court appearances and work in the law firm. Now that you’ve read the guidelines, take a long look in the mirror. If you like the way you look, great. If not, ask yourself if you need to upgrade your wardrobe or shine your shoes or buy a better briefcase. Assess your staff the same way. You may not be a paid performer, but everyday you are onstage playing the role of someone who can be trusted to handle complex matters. Make sure you and all the supporting players dress the part. We recommend you borrow a page from Disney’s book on grooming and you may find that running a Mickey Mouse operation isn’t such a bad thing after all. Mark Powers, President of Atticus, Inc. and Shawn McNalis co-authored How Good Attorneys Become Great Rainmakers and Time Management for Attorneys, and are featured writers for Lawyers, USA and a number of other publications. To learn more about the work that Atticus (www.atticusonline.com) does with attorneys or the Atticus Rainmakers™ (www. atticusrainmakers.com) program, please visit or call 352-383-0490 or 888644-0022.
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New Associates
Aug. 11 – Topic: TBA. Brown Bag Lunch with Judge John M. Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Free. Please tell security that you will be attending the Brown Bag Lunch. Contact Diane Iacone at 407-836-0443 or ctjadi1@ocnjcc.org.
Michele Rodon-Carver – Law Offices of Lynn B. Aust, P.L. Megan W. L. Malec – N. Diane Holmes, P.A
Speaking Engagements David Henry of Swartz Campbell in Orlando presented a seminar on advanced mediation practice with Dan Honeywell titled, White Hat/ Black Hat and Grey Matter, on June 2 for the Florida Liability Claims Conference. Jack E. Holt, III, a partner at Grower, Ketcham, recently presented The Patient Safety Work Product Privilege: Evidence and Proof, at the 3rd Annual Meeting of PSOs, Agency for Healthcare Research & Quality held on May 9-10, 2011, in Rockville, Maryland. Dan Honeywell, former attorney and full-time mediator, spoke at the OCBA’s Solo and Small Firm Committee meeting on May 31 on issues related to mediation. His presentation, Mediation for the Solo Practitioner and Small Firm, focused on the mediation conditions unique to small and solo firms, including tips for mediation preparation and execution.
Upcoming Events July 8 – Retirement reception for Judge Maura T. Smith. 12:00 p.m.-1:30 p.m. Orange County Courthouse Jury Assembly Room. RSVPs are not required. Dessert, punch and coffee will be served.
Aug. 19 – Financial Primer for Family Law Attorneys. Family Law Committee Major Seminar. 12:00 p.m.-5:00 p.m. CLE: pending. Speakers: TBA. Contact: mariew@ocbanet.org. Aug. 23 – The Foster Care System and Teen Parents. Legal Aid Society Lunchtime Training. (GAL Topic) 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speakers: Doris Mackey, GAL Case Coordinator; Cara Dobrev, Attorney. Free for members. Contact: ctucker@legalaidocba.org; mcarbo@legalaidocba.org. Aug. 30 – Perspectives from the Bench. Solo & Small Firm Committee. 12:00 p.m.-1:00 p.m. OCBA. CLE: 1.0. Speakers: Judges Tim Shea, Heather Higby, Marc Lubet. Contact: mariew@ocbanet.org. Aug. 31 – OCBA’s Diversity Summit – Providing a Roadmap to Implementation. OCBA Diversity Committee Major Seminar. 12:30 p.m. OCBA. CLE: 4.0 pending. Speakers: TBA. Contact: mariew@ocbanet.org. For updates, please check the OCBA website calendar.
July 21 – YLS Young Lawyers Reception. 6:00 p.m.-8:30 p.m. John & Rita Lowndes Shakespeare Theater. RSVP by July 8 to Jill Simon at jill.simon@ lowndes-law.com July 28 – OCBA Trivia Contest & Happy Hour. 5:30 p.m.-8:30 p.m. Slingapours on Wall Street. $75 per 5 player team; $5 for OCBA member nonplayers. RSVP to Shayne Thomas at sthomas@ralaw.com. Sponsored by M & I Bank. Aug. 18 – Paralegal Section Summer Soiree. Details TBA. Contact: Amy Guy at 407-601-4905.
Upcoming Seminars July 8 – Food for Thought Seminar. Paralegal Section. OCBA. 11:30 a.m.1:00 p.m. Contact: Amy Guy at 407-601-4905. July 12 – Defenses to Garnishment. Legal Aid Society Lunchtime Training. 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speakers: Attorneys Larri Thatcher and Michael Resnick. Free for members. Contact: ctucker@legalaidocba.org; mcarbo@legalaidocba.org. July 22 – Voir Dire – Basic Jury Selection. Brown Bag Lunch with Judge John M. Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Free. Please tell security that you will be attending the Brown Bag Lunch. Contact Diane Iacone at 407-836-0443 or ctjadi1@ocnjcc.org. July 26 – The Basics of Special Education Law for Dependent Children. Legal Aid Society Lunchtime Training. (GAL topic) 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speaker: Attorney Bethanie Barber. Free for members. Contact: ctucker@legalaidocba.org; mcarbo@legalaidocba.org. July 26 – How to Achieve Work-Life Balance. Solo & Small Firm Committee. 12:00 p.m.-1:00 p.m. OCBA. CLE: 1.0. Speaker: Suellen Fagin-Allen. Contact: mariew@ocbanet.org. Aug. 9 – Basic Dissolution of Marriage with Children for Pro Bono Attorneys (Part 2). Legal Aid Society Lunchtime Training. (GAL topic) 12:00 p.m.1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speaker: Attorney Angel Bello-Billini. Free for members. Contact: ctucker@legalaidocba.org; mcarbo@legalaidocba.org.
Gillmore “Put my experience to work for you today” • Estate, Trust, Probate & Guardianship Contests • Over 10 years Litigation Experience
• Certified Public Accountant
F O R E N S I C ACCO U N TA N T 501 N. Magnolia Ave • Orlando, FL
32801Gillmore
Ph: (407) 774-4949 Fax: (407) 774-4960 AnthonyDiaz@attorney-cpa.com FORENSIC ACCOUNTANT
407.716.4795 GillmoreAccounting.com 407.716.4795
• Certified Family Mediator
F••O R E N S I C ACCO U N TA N T • •
Certified Circuit Civil Mediator Approved Ninth Circuit Residential Mediator Certified Mediator for Middle District of Florida Qualified State Arbitrator 501 N. Magnolia Ave • Orlando, FL 32801
Ph: (407) 774-4949 Fax: (407) 774-4960 adiaz@orlandomediationarbitration.com
An n o unce ments
Gillmore “Put my experience to work for you today”
407.716.4795 GillmoreAccounting.com
theBriefs July 2011 Vol. 79 No. 7
GillmoreAccounting.com
www.orangecountybar.org
Gillmore
Gillmore
FORENSIC ACCOUNTANT 407.716.4795
GillmoreAccounting.com
PAGE 39
Ne w M e m be rs
Regular
Spencer M. GLEDHILL
State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801
407-872-0200
James A. ALTMAN
407-836-2405
Richard BATES
Morgan & Morgan 20 N. Orange Ave., Ste. 1600 Orlando, FL 32801 407-244-9481
Susan K. BODNER
Restivo & Reilly, LLP PO Box 149124 Orlando, FL 32814 407-558-1283
William A. CORZO
Corzo & Kohrs, P.A. 1802 N. Alafaya Tr., Ste. 147 Orlando, FL 32826 407-401-9117
Moses R. DEWITT
Dewitt Law Firm, P.A. 37 N. Orange Ave., Ste. 840 Orlando, FL 32801 407-245-7723
Charles E. EMANUEL, JR.
Gary, Williams, Finney, et. al. 111 N. Orange Ave., Ste. 1450 Orlando, FL 32801 407-649-7171
James S. FISHER
Public Defender’s Office 435 N. Orange Ave. Orlando, FL 32801-1526 407-953-9267
F. Scott FISTEL
Fistel Law Firm, P.A. 10235 W. Sample Rd. Ste. 200 Coral Springs, FL 33065 954-522-1212
Sharon FRAIND
Sharon Fraind 1209 Errol Pkwy. Apopka, FL 32712 407-880-8907
Tanisha N. GARY
Gary, Williams, Finney, et. al. 111 N. Orange Ave. Ste. 1450 Orlando, FL 32801 407-649-7171
Fassett, Anthony & Taylor, P.A. 1325 W. Colonial Dr. Orlando, FL 32804-7133 Joseph R. GRESCHNER
Hill, Rugh, Keller & Main, P.L. 390 N. Orange Ave. Ste. 1610 Orlando, FL 32801 407-926-7460
Joseph R. Greschner, Attorney at Law PO Box 593672 Orlando, FL 32859
Kelley E. LESTER
Daniel GUTIERREZ
407-425-1020
407-908-1043
Daniel Gutierrez, P.A. PO Box 560460 Orlando, FL 32856 321-206-1080
Christopher P. HANCOCK
Morris Legal Group, PLLC 419 N. Magnolia Ave. Orlando, FL 32801 407-894-0853
Donald A. HARRISON
Donald Harrison PO Box 189 Riverview, FL 33568 813-376-8949
Pamela L. HATCHER
Law Office of J. Bernard Chery, P.A. 1310 W. Colonial Dr., Ste. 31 Orlando, FL 32804 407-487-1630
Kristen L. HENKEL
Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. 2 S. Orange Ave., 5th Flr. Orlando, FL 32801 William B. LEWIS
Morgan and Morgan Business Trial Group 20 N. Orange Ave. Orlando, FL 32801 4071-420-1414
407-777-8807
Thomas J. MOFFETT JR.
State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-2400
State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 Maureen C. NIX
Christina M. KENNEDY
407-539-2580
Maureen Nix 1931 Old Colony Ln. Maitland, FL 32751 Heather B. PAGE
John N. KNUTTON
Chrissie SCELSI
321-972-0016
Michael A. SEMANIE
Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. 2 S. Orange Ave., 5th Flr. Orlando, FL 32801 407-425-1020
407-246-0077
The Legal Advocacy Center of Central Florida, Inc. 310 S. Magnolia Ave. Sanford, FL 32771 407-708-1020
Roy J. SMITH
The Smith Family Law Firm, P.A. 815 N. Orienta Ave., Ste. 2050 Altamonte Springs, FL 32701 407-790-4800
Rania A. SOLIMAN
Taylor & Carls, P.A. 150 N. Westmonte Dr. Altamonte Springs, FL 32714 407-660-1040
Foley & Lardner, LLP 111 N. Orange Ave. Ste. 1800 Orlando, FL 32801
407-836-2416
Cole, Scott & Kissane, P.A. 1900 Summit Tower Blvd. Ste. 750 Orlando, FL 32810-5913
Jocelyn C. SMITH
Law Firm of Dina M. McKenna 109 Water Oak Lane Altamonte Springs, FL 32714
Jackson Legal Services, LLC 37 N. Orange Ave. Orlando, FL 32801
State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801
Ryan P. SCORDATO
Dina M. MCKENNA
407-478-4878
407-836-2419
407-423-7656
407-264-7070
Law Offices of Haynes & Laurent, P.A. 550 N. Bumby Ave., Ste. 280 Orlando, FL 32803
Lyada JACKSON
813-205-7748
Fulmer LeRoy Albee Baumann 910 N. Ferncreek Ave. Orlando, FL 32803
Cohen Battisti, Attorneys at Law 1211 Orange Ave., Ste. 200 Winter Park, FL 32789
Kerstin MORGAN
407-438-6738
Bethany L. SCHONSHECK
Brett A. SMITH
Imran E. MALIK
M. E. Henkel, P.A. 3560 S. Magnolia Ave. Orlando, FL 32806
PAGE 40
Dara LAHAR
State Attorney’s Office PO Box 1673 Orlando, FL 32802 407-836-2411
Bohemia Interactive Simulations 3050 Technology Pkwy. Ste. 110 Orlando, FL 32826
Alexandra C. STEELE
de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP 332 N. Magnolia Ave. Orlando, FL 32801 407-422-2454
ChristopherM.STEPHENSON
Davis and Stephenson, P.L. 37 N. Orange Ave., Ste. 500 Orlando, FL 32801 407-843-3363
407-608-7000 www.orangecountybar.org
theBriefs July 2011 Vol. 79 No. 7
Nathan A. STRAVERS
Walton Lantaff Schroeder Carson, LLP 200 S. Orange Ave., Ste. 1575 Orlando, FL 32801 407-425-3250
Jacob V. STUART
Public Defender’s Office 435 N. Orange Ave., Ste. 400 Orlando, FL 32801-1505 407-836-4747
Jennifer A. SYNNAMON
State Attorney’s Office 415 N. Orange Ave. Orlando, FL 32801 407-836-7500
James A. TIMKO
Shutts & Bowen, LLP 300 S. Orange Ave., Ste. 1000 Orlando, FL 32801 407-835-6808
Lorna M. TRUETT
Mark M. O’Mara, P.A. 1416 E. Concord St. Orlando, FL 32803 407-898-5151
theBriefs July 2011 Vol. 79 No. 7
Kara WICK
Thomas DENNY
Foley & Lardner, LLP 111 N. Orange Ave. Ste. 1800 Orlando, FL 32801 407-423-7656
3273 Alafaya Club Dr. Apt. 303 Orlando, FL 32817 352-208-7675
Christopher D. KNOWLES
Amanda VELAZQUEZ GOODMAN
5965 Curry Ford Rd. Apt. 305 Orlando, FL 32822
Jill S. Schwartz & Associates, P.A. 180 N. Park Ave., Ste. 200 Winter Park, FL 32789
Paralegal Students
Barry University School of Law 6441 E. Colonial Dr. Orlando, FL 32807-3650
Nicholas A. PRIMROSE
407-375-7905
Manuela TOMAS-AUSTIN
407-649-8717
Affiliate
Freda COLEMAN- JACKSON
407-647-8911
321-206-5652
Gary, Williams, Finney, et. al. 111 N. Orange Ave., Ste. 1450 Orlando, FL 32801 407-649-7171
Law Students Robin BARA
3306 Eagle Blvd. Orlando, FL 32804-3702
Broussard & Cullen, P.A. 445 W. Colonial Dr. Orlando, FL 32804 Tara L. TEDROW
Mildred M. DIAZ
644 Alpine St. Altamonte Springs, FL 32701 Carly E. THEIS
3820 Norbury Ct. Orlando, FL 32835-2653 407-492-6756
1001 Bonita Dr. Winter Park, FL 32789-4499 407-701-6161
Preston R. TULEY
1750 S. Palmetto Ave., Unit E South Daytona, FL 32119 386-235-5470
407-920-7410
www.orangecountybar.org
PAGE 41
Allen & Murphy, P.A. Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A. Anthony-Smith Law, P.A. Billings, Morgan & Boatwright, LLC Bodiford Law Group Bonus McCabe Law Firm Bull and Associates, P.A. Burr & Forman LLP Calandrino Law Firm, P.A. Carr Law Firm, P.A. Carsten & Ladan, P.A Chaires, Brooderson & Guerrero, P.L. Cohen Battisti, Attorneys at Law DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Dempsey & Associates Dewitt Law Firm, P.A. Diaz Law Earle & Smith Trial Attorneys Englert, Leite & Martin, P.L. Faddis & Faddis, P.A. Fishback, Dominick, Bennett, Stepter, Ardman, Ahlers & Langley, LLP Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A. Giles & Robinson, P.A. Gregory S. Martin & Associates, P.A. Harris, Harris, Bauerle & Sharma Hilyard, Bogan & Palmer, P.A. Innes Law Firm James H. Monroe, P.A. Jill S. Schwartz & Associates, P.A. King, Blackwell, Downs & Zehnder, P.A. Kirkconnell, Lindsey, Snure, & Ponall, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Office of Frank P. Remsen, P.A. Law Offices of Blair T. Jackson, P.A. Law Offices of Neal T. McShane, P.A. Law Offices of Walter F. Benanati Credit Attorney, P.A. Legal Aid Society of the OCBA Lewis & Crichton, Attorneys at Law Marcus & Myers, P.A.
Marshall, Dennehey, Warner, Coleman & Goggin, P.A. McElyea & Barnard, P.A. McMichen, Cinami & Demps McMillen Law Firm, P.A. Michael R. Walsh, P.A. Mooney Colvin, P.L. Murrah, Doyle and Wigle, P.A. N. Diane Holmes, P.A. Neduchal & MaGee, P.A. Ossinsky & Cathcart, P.A. Page, Eichenblatt, Bernbaum & Bennett, P.A. Provencher & Simmons, P.A. Ringer Henry Buckley & Seacord, PA Rumberger, Kirk & Caldwell, P.A. Sawyer & Sawyer, PA SeifertMiller, LLC Southern Trial Counsel, PLC Stovash, Case & Tingley, P.A. Tangel-Rodriguez & Associates The Aikin Family Law Group The Brennan Law Firm The Carlyle Appellate Law Firm The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller Swann & Hadley, P.A. The Law Office of Frank A. Hamner, P.A. The Law Offices of Terry L. Bledsoe, P.A. The Marks Law Firm, P.A. The McMahon Law Group, P.A. The Morsch Law Group The Rosenthal Law Firm, P.A. The Skambis Law Firm Troutman, Williams, Irvin, Green, Helms, Polich & Hemphill P.A. Vose Law Firm, LLC Warner + Warner, P.L. Weiss, Grunor & Weiss West, Green & Associates, P.L. Wicker, Smith, O’Hara, McCoy & Ford, P.A. William G. Osborne, P.A. Winderweedle, Haines, Ward & Woodman, P.A Wolff, Hill, McFarlin & Herron, P.A. Wooten, Kimbrough and Normand, P.A. Yergey and Yergey, P.A.
CLUB
Congratulations to Members of the OCBA’s 100% Club
Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.
Tired? Stressed out? Not feeling on top of your practice? Talk with someone who’s been there.
Suellen Fagin-Allen, JD, LMHC Attorney since 1986/Licensed Mental Health Counselor (407) 242-2956 – Suellen@CounselingFL.com 1417 N. Semoran Blvd., Suite 201, Orlando, FL 32807 Depression – Anxiety – Substance Abuse – Work/Life Balance PAGE 42
www.orangecountybar.org
theBriefs July 2011 Vol. 79 No. 7
CLASSIFIED ADS EMPLOYMENT LEGAL ASSISTANT WANTED for full-time, temporary position. Approximate dates are August 1 through September 30, 2011. Experience required. Practice areas: Family Law and Criminal Law. Established attorney with offices in downtown Orlando. Resume to Reply Box 801. ALVAREZ, SAMBOL & WINTHROP, P.A., A Full Service AV rated firm has immediate openings for Commercial Litigation and General Liability Practice Groups. Successful candidates will have five to ten years experience. Portable business is a plus. Please forward resume in confidence to, Firm Administrator, Alvarez, Sambol & Winthrop, P.A., P.O. Box 3511, Orlando, Florida 32802 or email to hrf@ aswpa.com. DOWNTOWN ORLANDO AV-RATED CIVIL LITIGATION FIRM seeks associate attorney with 2 to 5 years experience with insurance defense and commercial litigation. Send resumé, writing sample and brief cover letter outlining past successes and salary requirements to: jean@hrkmlaw.com. ORLANDO BASED A-V RATED FIRM seeks attorney experienced in family law. General litigation experience a plus. Creative compensation packages available with excellent benefits and working conditions. Send resume in confidence to denise@boginmunns.com or fax to 407-578-2128. “AV” RATED CIVIL LITIGATION FIRM seeking litigation attorneys for our Orlando office. Minimum 5 years litigation experience. Strong advocacy skills required. We offer competitive salary, plus comprehensive benefits package. Send resume to: Hiring Partner, Ogden, Sullivan & O’Connor, PA, 113 S. Armenia Avenue, Tampa, FL 33609, or to cbostic@ogdensullivan.com SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys with 3-5 and 5-10 years litigation experience for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751 “AV” RATED ORLANDO LAW FIRM, seeks attorneys, one with one to three years’ experience and one with five plus years’ experience for its commercial litigation practice, employment law experience helpful but not required. Creative incentive based compensation arrangements available. Reply in confidence to denise@boginmunns.com or fax to 407-578-2128.
theBriefs July 2011 Vol. 79 No. 7
ORLANDO FIRM SEEKS BILINGUAL ATTORNEY with 2-4 years experienced personal injury attorney for our trial team. Outstanding opportunity to join growing dynamic firm with excellent benefits and compensation package. Send resume in confidence to reply box 701. DOWNTOWN ORLANDO AV RATED FIRM seeks attorney with 2 years commercial litigation experience. Great work environment and excellent benefit package. Send resume in confidence to Administrator, P.O. Box 3388, Orlando, Florida 32802-3388 EXPERIENCED COMMERCIAL REAL ESTATE PARALEGAL NEEDED for very busy downtown Orlando law firm with growing commercial Real Estate practice. Strong banking experience is a MUST. Must have a pro-active attitude toward work assignments. Great work environment and competitive salary and benefits. Send resume in confidence to jholt@ southmilhausen.com or via facsimile to (407) 539-2679.
To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association, P.O. Box 530085 • Orlando, FL 32853-0085
fices Midway between Orange and Seminole County Courthouses Easy access on and off Interstate 4 Lobby, 2 Conference Rooms, each with a flat panel TV Breakroom, Restrooms, Phones, Copier, Receptionist to answer phones 781 Douglas Ave., Altamonte Springs Contact Tracey at (407) 3894LAW(4529) FOR LEASE - Thornton Park/ Colonial Town. 1200 S.F. Free standing building. Oak floors, French doors. 2 private offices, conference room, reception. Eat-in kitchen/beak room/storage. On site parking. Wheelchair ramp. Call REALTOR/owner 407-894-4077 and see web site: www.robinsonstreetoffice. com. OFFICE BLDG FOR SALE / LEASE: Near intersection of Kaley & Ferncreek Ave. CONVENIENT to DOWNTOWN &/or JUVENILE CT. on Michigan St. 1600 sq. ft. Open floor plan with separate executive office and conference room. Recently renovated and ready for occupancy. Call John @ (407) 222-6712
SHARE NEWLY RENOVATED OFFICE DOWNTOWN Class A Bldg. - Covered Parking - Conference Room - All Facilities Included. Please contact Eddie Reiss at 407-447-5884 or emrholdings@aol.com.
FERNCREEK PROFESSIONAL CENTER – FIRST MONTH FREE upon signing one year lease. Office space available just minutes away from downtown Orlando. Free parking and signage on busy road. Receptionist, conference rooms, phone system, fax machine, copier, high speed DSL, scanner, and other services provided. Call (407) 8984848.
ESTABLISHED DOWNTOWN FAMILY LAW AND CRIMINAL LAW PRACTITIONER seeks to partner with established practitioner to assist in sharing of overhead and building mutual, complementary practices. Call (407) 898-3150 ask for Elaine or e-mail: elainebarbour@yahoo.com.
LAW OFFICE AVAILABLE; private, second floor suite, approximately 1000 square feet overlooking Lake Ivanhoe. Available immediately. Ample parking; contact: david@yergeylaw. com; 407-843-0430 office; 407-2478756 cell. David Yergey, Jr. is an OCBA member
OFFICE SPACE FOR SHARING WITH SOLO ATTORNEY - East Orlando near downtown. Luxury newly built office. Conference room, reception, kitchen, alarm, wi-fi, utilities, & window signage included. 407-381-4529.
VIRTUAL OFFICE SPACE AVAILABLE-convenient downtown location. Full service including receptionist, mail service, conference rooms, fax machine, copy machine, etc. Package rates available-customize according to your needs. Call Cori at 407-956-1000 for pricing and more details.
O F F I C E S PAC E SHARED
DOWNTOWN OFFICE SPACE: Luxury office space for space sharing across from courthouse for one attorney and separate, adjoining space for one staff. Garage parking, shared reception area, receptionist, conference room, library, kitchen, copier, fax and Internet included. 407-425-4044
O F F I C E S PAC E FOR SALE/RENT/ LEASE OFFICE SPACE AVAILABLE (along with secretarial space) 1-5 of
OFFICE SPACE AVAILABLE FOR RENT. Approximately 1,537 sq ft., with furniture, phone system, receptionist area and 4 window offices, 2 large enough for attorneys and 2 for paralegals. Attorneys preferred. Please contact Denise Singler at 407-578-1334 or e-mail denise@boginmunns.com. OFFICE/CONFERENCE SPACE FOR RENT: Downtown Orlando Executive Business Center- newly renovated fully furnished offices for rent. Includes: live receptionist, phone,
www.orangecountybar.org
internet, conference/mediation/seminar space, and FREE parking. Contact Janna (407)447-1919 for more information. OFFICE BUILDING/SPACE: DOWNTOWN - Completely Renovated and Upgraded Old TwoStory House (Circa 1919), Hardwood Floors/Wood Trim, parking - MUST SEE. (407)648-1500 DOWNTOWN – NEAR COURTHOUSE - Elegantly restored historic building on the corner of E. Pine and Court Street. Offices for 1-6 attorneys and staff. Share receptionist, conference rooms, etc. 407-426-2060 or tmhoepker@yahoo.com FURNISHED SUITES – near downtown, free-standing bldg w/ dedicated parking, includes phone, Internet, utilities, conf room, lobby area and secretarial space. Monthly lease. $1000 – Call Becki at 407-481-2888. www. BumbyOffices.com
PROFESSIONAL SERVICES RETIRED CIVIL TRIAL ATTORNEY seeks part time work on hourly basis. AV-Rated 407-862-6674 APPELLATE BRIEF WRITING – both civil and criminal. Competitive rates. Contact Katharine Ballingrud. khballin@gmail.com; (407) 514-2621. ATTORNEYS PHOTOS SPECIALS - Now is the time to Update your professional bio Photos. Our exclusive Digital Slimming and Digital Make-up makes your new photo the best ever 407-240-4954 Orlandophotographer.com/attorneys THE LEGAL MEDICINE GROUP - “Excellence in Medical Records PreScreening Reviews and Affidavits”. * Litigation Support Services * All Board Certified Reviewers and Expert Witness * Medical Malpractice, Personal Injury and Product Liability * 407-790-4080 legalmedicinegroup@yahoo.com www. legalmedicinegroup.com
MISCELLANEOUS SELLING BEAUTIFUL OFFICE FURNITURE – L-shaped secretarial desk, with credenza and chair, and two file cabinets (1 two drawer and 1 four drawer). Please contact Michelle at 321 438 3613 for viewing. All offers will be considered.
Classified Ads: williamr@ocbanet.org 407-422-4551 ext. 225 PAGE 43
OCBA Calendar
Alex Martins
President of the Orlando Magic Sponsor: M&I Bank Wednesday, July 27, 2011 11:30 p.m. The Ballroom at Church St. RSVP by Thursday, July 21, 2011 reservations@ocbanet.org
JULY - AUGUST 2011
July Paralegal Section Seminar 8 Food for Thought Seminar
Brown Bag Lunch with Judge John Kest 12:00 p.m. • Courthouse 23rd Flr. Judicial Conference Rm.
22
Brown Bag Lunch with Judge John Kest Voir Dire – Basic Jury Selection 12:00 p.m. • Courthouse 23rd Flr. Judicial Conference Rm.
11:30 a.m. • Bar Center
12 Committee 16 Professionalism 12:00 p.m. • Bar Center Luncheon 17 YLS 11:45 a.m. • University Club Worker’s Compensation 11:45 a.m. • Smokey Bones
26
Workers’ Compensation Committee 11:45 a.m. • Smokey Bones
LAS Lunchtime Training (GAL) The Basics of Special Education Law for Dependent Children 12:00 p.m. • Comerica Bank
Retirement Reception for Judge Maura T. Smith 12:00 p.m. • Courthouse Jury Assembly Rm.
Solo & Small Firm Committee Seminar How to Achieve Work-Life Balance 12:00 p.m. • OCBA Center
12
LAS Lunchtime Training Defenses to Garnishment 12:00 p.m. • Comerica Bank
Elder Law Committee OCBA Luncheon 12:00 p.m. • Bar Center Alex Martins President of the Orlando Magic Paralegal Section Summer Soiree 11:30 a.m. • The Ballroom at Church Street Details TBA
27
13
Estate, Guardianship Committee 12:00 p.m. • Bar Center
18 Law Major CLE Seminar 19 Family Financial Primer for Family Law Attorneys
Appellate Law Committee 12:00 p.m. • Bar Center
Judicial Relations Committee 12:15 p.m. • Courthouse 21st Flr. Conference Rm.
12:00 p.m. • Bar Center LAS Lunchtime Training (GAL) The Foster Care System & Teen Parents 12:00 p.m. • Comerica Bank
28
OCBA Trivia Contest & Happy Hour 5:30 p.m. • Slingapours Sponsored by M&I Bank
Executive Council Meeting 4:30 p.m. • Bar Center
23
29
Bankruptcy Law Committee 12:00 p.m. • Bar Center
14 Committee 19 Professionalism 12:00 p.m. • Bar Center Law Committee 20 Elder 12:00 p.m. • Bar Center YLS Luncheon 12:00 p.m. • University Club Law Committee 21 Appellate 12:00 p.m. • Bar Center Social Security Seminar 12:00 p.m. • Bar Center
24 Luncheon 25 OCBA Bill Sublette, Chair, OCPS Appellate Law Committee 12:00 p.m. • Bar Center
August LAS Lunchtime Training 9 Basic Dissolution of Marriage with
11:30 a.m. • The Ballroom at Church Street Sponsor: Marsh U.S. Consumer
Children for Pro Bono Attorneys 12:00 p.m. • Comerica Bank
26 & Small Firm Committee Seminar 30 Solo Perspectives from the Bench Bankruptcy Law Committee 12:00 p.m. • Bar Center
10
Estate, Guardianship Committee 12:00 p.m. • Bar Center
12:00 p.m. • OCBA Center
Executive Council Meeting 4:30 p.m. • Bar Center
Young Lawyers Reception 6:00 p.m. • John & Rita Lowndes Shakespeare Center
31
Diversity Committee Major CLE Seminar OCBA’s Diversity Summit – Providing a Roadmap to Implementation 12:30 p.m. • Bar Center
11
Social Security Committee 12:00 p.m. • Bar Center
For updates, please check the OCBA website calendar.
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theBriefs July 2011 Vol. 79 No. 7
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