A Publication of the Orange County
Bar Association
Inside this Issue:
July 2015 Vol. 83 No. 6
President’s Message Why Did YOU Become a Lawyer? Jamie Billotte Moses, Esq.
Class Action Settlements Have Consequences, From Florida to the State of Washington Dennis J. Wall, Esq.
Professionalism Committee Remarks on Receiving the 2015 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Anthony F. Sos, Esq.
What’s Mine is Yours: Overview of a Commingling Case Thomas J. Gillmore, CPA, CFE, CVA,CDFATM
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PAGE 1
Contents 3
Legal Aid Society GAL Teaching Tips Making Status Hearings Work for the Dependent Child Sally McArthur, Esq.
15
President’s Message Why Did YOU Become a Lawyer? Jamie Billotte Moses, Esq.
5
the Briefs ©2015
Co-Editors Carrie Ann Wozniak, Esq. & Téa Sisic, Esq. Associate Editor David A. Meek, Esq.,
16
OCBA Luncheon Lee Corso ESPN College Football Analyst
Hearsay Columnist Christine A. Wasula, Esq.
Legal Aid Society LAS Teaching Tips Tips for Representing Immigration Clients Ana Bernal Roberts, Esq. Donna A. Haynes 2015-2016 OCBA Officers & Executive Council
Side Bar Columnist Kimberly A. Lopez, Esq.
6
YLS on the Move Jennifer A. Smith, Esq.
18-19 7 2015 Installation Dinner
Professionalism Committee Remarks upon Receipt of the 2015 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Anthony F. Sos, Esq.
w OFFICERS Jamie Billotte Moses, Esq., President Wiley S. Boston, Esq., President-Elect Elizabeth F. McCausland, Esq., Treasurer Richard S. Dellinger, Esq., Secretary w EXECUTIVE COUNCIL Jared Brooks, Esq. Phillip K. Calandrino, Esq. Mary Ann Etzler, Esq. A. Felipe Guerrero, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Ryan Williams, Esq. Nicholas A. Shannin, Esq., Ex Officio Amber N. Davis, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch
20
YLS Great Oaks Village – 2015
21 YLS on the Move 8 Chanel A. Mosley, Esq.
The Florida Bar News Honoring 50 Years of Service
25 Paralegal Post 9 The Florida Bar's Registered Paralegal Program
Clerk’s Corner Orange County Clerk of Courts 2015 Report to the Citizens of Orange County Tiffany Moore Russell, Esq.
10
Shannon Fleming, Esq.
33
Rainmaking The Ten Commandments of Marketing, Part 1 Michael Hammond, Esq.
Class Action Settlements Have Consequences, From Florida to the State of Washington Dennis J. Wall, Esq. New Members Workers' Compensation Committee Announcements An Interview with The Honorable Neal Pitts, Judge of Compensation Claims Joanne M. Prescott, Esq. Classifieds Karen Cullen, Esq.
30
11
31 32
12
What's Mine is Yours: Overview of a Commingling Case Thomas J. Gillmore, CPA, CFE, CVA,CDFATM
36 Calendar
14
Communications Assistant Darshini Ramkarran
Legal Aid Society What We Do... Help Me... Help Me, Please! Michael L. Resnick, Esq.
Marketing & Sponsorship Coordinator Amanda Nethero
DEADLINE INFORMATION
Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Beohm, Boehm & Boehm Forensic Media Consulting
Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-422-4551 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-422-4551 Young Lawyers Section 407-422-4551
ISSN 1947-3968
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theBriefs July 2015 Vol. 83 No. 6
President’sMessage
July 2015
Why Did YOU Become a Lawyer?
F Jamie Billotte Moses, Esq.
2nd Grade
8th Grade
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or as long as I can remember, I’ve wanted to be a lawyer. Well, except for my dream of being a nun in second grade. And my dream of being a teacher in fourth grade. But other than that, I really have always wanted to be a lawyer. This is what I wrote in my eighth grade yearbook: “If [I] could, [I] would change all the unfairness in the world.” Lofty goal, I know, but I do believe I am doing some good, most of which I owe to being an attorney. I could not imagine having any other job. I have friends in marketing who try to recruit me from time-to-time. “You can quit your ‘J-O-B,’” they say. I wouldn’t dream of it. I love being a lawyer and almost everything about it. I know that sentiment is not universally shared. Nevertheless, there are some of us out there, and we seem to have a few things in common. First, we work in an area of the law that we truly enjoy. As a board-certified appellate specialist, I absolutely love research and writing. That, however, is not for everyone. I know for many the thought of sitting at a desk for eight hours and researching/writing does not sound like a great time, but to me it is ideal. Throw in an intellectual oral argument before a panel of three distinguished jurists and I am in heaven. Others love the courtroom and the rush of trial. Some are fulfilled by helping families in crisis through divorce. Regardless, the lawyers I know who are truly happy in this profession enjoy substantively what they do. Second, those who are happy seem to be surrounded by people they respect and appreciate. I have been at Fisher Rushmer, P.A. for more than 20 years. My partners are more than just my business partners. One of my very best friends is my partner Keersten Martinez. The personnel at Fisher Rushmer are some of the kindest and most competent people an organization could employ. Everyone is willing to help when needed. This job is not as difficult when you like being around the people you are with all day. Third, lawyers who seem to really love their jobs are surrounded by incredible support staff. I have had two legal assistants in my 20+ years of practicing law. There is great comfort in knowing you can trust your assistant. My assistant, Christine, has an uncanny ability to put everything aside and answer the phone in the kindest, gentlest tone despite the chaos swirling around her. My
clients and opposing counsels’ offices love her. She is one of the greatest assets to my practice. Fourth, happy lawyers want to make other lawyers succeed and be happy as well. Every lawyer I know who is happy in her job volunteers for the OCBA and mentors young (and not so young) lawyers. They all recognize that we, as a profession, are only as strong as our weakest link and, therefore, they want to make all of us better. Fifth, the happiest of lawyers also share their craft with those who might not be able to afford them. I am constantly amazed when I review the list of lawyers who have volunteered for the Legal Aid Society and have contributed an exorbitant number of hours. Most of those lawyers are also the busiest in our community, dividing their time among paying clients, bar service, or community volunteering. For those lawyers it would be very easy to make a financial contribution, rather than take cases, but they still continue to take cases. I am confident that their generosity contributes to the level of satisfaction they experience in their profession. Sixth, happy lawyers also know what they are doing. Lawyers who are constantly perfecting their craft, either through board certification or seminars and CLEs, seem to enjoy the practice of law better because they are confident in their abilities. Win or lose, a prepared lawyer knows she has given it her best and that some things are just out of her control. There is a degree of happiness that comes with competence and happy lawyers seem to share that. Seventh, another common characteristic of lawyers whom I perceive to be happy have a “work hard, play hard” mentality. It seems to me the busiest lawyers in their job are also very active in their children’s lives, spend quality time with their friends, and take in all this great city has to offer. The happiest lawyers I know do not run away from commitment, but rather embrace it. I do not know whether all of this can be empirically confirmed, but I do know there are lawyers who truly enjoy practicing law and would not trade it for anything. Yes, being a lawyer is a J–O–B, but it is one of the best jobs a person can have! Jamie Billotte Moses, Esq., is a shareholder with Fisher Rushmer, P.A. She is a board certified appellate specialist. Additionally, Ms. Moses defends lawyers and real estate professionals in litigation and licensing complaints. She has been a member of the OCBA since 1994.
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PAGE 4 www.orangecountybar.org
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OCBA LuncheonThursday, July 23, 2015
Lee Corso
Lee Corso ESPN College Football Analyst
L
ee Corso, one of college football’s most Sports Academy Ronald Reagan Media Award knowledgeable, opinionated, and entertain- given to those who have made outstanding coning analysts, is a key member of ESPN’s tributions to sport through broadcasting, print, college football team, serving as an analyst on photography, or acting and the National Colthe three-time Emmy Award-winning Col- lege Football Awards Association Contributions lege GameDay, the network’s signature Satur- to College Football Award recognizing excepday morning show originating from the site tional contributions to college football and a of one of the day’s best games. Corso, who lifetime of achievement and integrity. He also joined ESPN in 1987 is the only original Col- received the 2011 Jake Wade Award presented lege GameDay on-air personality (he was a con- to an individual who has made an outstanding tributor in 1987-88 and joined as an analyst contribution in the media to the field of interin 1989). He joined ESPN after 28 years as a collegiate athletics. In 2012, Corso received coach at the college and professional levels, in- many additional honors: the Over the Mountain Touchdown Club Lifetime Achievement cluding 17 seasons as a head coach. Corso was head coach of the Louisville Car- Award; earned an Honorary Doctorate and was dinals for four seasons (1969-72), and in that the commencement speaker at Florida State; short span took the Cardinals to the 1970 Pasa- and was named the Liberty Bowl Distinguished dena Bowl. It was the first Louisville football Citizen Award. bowl appearance since 1958. During his time As College GameDay’s national appeal has grown, at Louisville, Corso compiled a 28-11-3 mark Corso’s opinions, analysis, and daring predicand captured two Missouri Valley Conference tions have become one of the most anticipated in Championships (1970 & ’71). He then moved sports television. In 2001, Sporting News magato Indiana in 1973 where he spent 10 seasons zine selected Corso as the 17th most influenas the head coach of the Hoosiers, leading the tial person in college football. The magazine, in school to its first bowl victory in 75 years, a 38- January 2004, ranked Corso and fellow Game37 decision over previously unbeaten Brigham Day hosts – Chris Fowler and Kirk Herbstreit Young in the 1979 Holiday Bowl. Corso – as 2003’s “Most Powerful Media Personalities coached Northern Illinois in 1984 before tak- in Sports.” GameDay won a Sports Emmy in ing over the reins of the Orlando Renegades of 2007, 2009, and 2010, and received nominathe United States Football League (USFL) in tions for Sports Emmys in 2000 and 2003 and 1985 for one season. He began his coaching ca- for CableACE Awards in 1994, ’95 and ’97. In reer as an assistant coach for 11 seasons (1958- 2006, College GameDay received the National 68) at Florida State, Maryland, and Navy. In Football Foundation & College Hall of Fame’s addition, from January-July 1991, Corso served Outstanding Contribution to Amateur Footas general manager of the World League’s Or- ball Award. continued page 23 lando Thunder. Corso has been honored with The Ballroom at Church Street two prestigious awards: the US 11:30 a.m. - 1:00 p.m. 225 S. Garland Avenue • Orlando, FL 32801 Please RSVP by Friday, July 17, 2015 RSVPs will not be accepted after July 17, 2015 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than July 17, 2015. To cancel, contact Marie West at mariew@ocbanet.org. The OCBA is happy to provide 7 luncheons as part of your member benefits, but no-shows incur additional charges for the bar and walk-ins cannot be guaranteed a seat.
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On theCover
2015-2016 OCBA Officers & Executive Council (Front row, left to right): Richard S. Dellinger, Esq., Secretary; Jamie Billotte Moses, Esq., President; Wiley S. Boston, Esq., President-Elect; Elizabeth F. McCausland, Esq., Treasurer (Back row, left to right) Executive Council: LaShawnda K. Jackson, Esq.; Ryan Williams, Esq.; Kristopher J. Kest, Esq.; Amber N. Davis, Esq., YLS President; Mary Ann Etzler, Esq.; Eric C. Reed, Esq.; Jared Brooks, Esq.; Gary S. Salzman, Esq.; Anthony F. Sos, Esq.; Nicholas A. Shannin, Esq., Ex Officio. Missing from the photo are: Philip K. Calandrino, Esq., A. Felipe Guerrero, Esq.
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ProfessionalismCommittee
I Anthony F. Sos, Esq.
Remarks upon Receipt of the 2015 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award
am extremely humbled to stand here as the recipient of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. I am humbled because I know of and look up to so many attorneys in our community who have taught me about professionalism. It is also a privilege to stand alongside Mr. Herbert Allen, the William B. Trickel Professionalism Award recipient and Judge Bob LeBlanc, the James G. Glazbrook Professionalism Award winner – two people who I have known for many years – who are very deserving of their professionalism award. When defining professionalism, what better resource to go to than Abraham Lincoln. He is still regarded as one of the most honest and professional lawyers. In doing some research, I found a manuscript titled “Notes for a Law Lecture” that was collected after his death. It was dated July 1, 1850. I could not believe how Abraham Lincoln’s law lecture notes from the 1850s could still be on point today in 2015. I thought this point from the manuscript was particularly important for all lawyers but especially young lawyers. He said, “The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for tomorrow which can be done today. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done.” The reason I highlight this is because as young lawyers, you will constantly be given assignments that will make you uncomfortable. You’ll be given a task that you know little-to-nothing about. And it’s tempting, especially as lawyers when you are so busy, to procrastinate. I’m thankful to my law partner, Bob Dellecker, who within the first couple years of my practice emphasized the importance of diligence. “Paralysis or procrastination will kill cases,” he would say. I only mention this to emphasize that the diligence in our work that Abraham Lincoln talked about in the 1800s is still a cornerstone of professionalism. I must thank my wife, Rebecca, and our children for all of their support. I would also like to thank my mom and dad for all of their support. My mom is one of the nicest people I know. I only hope I can carry on her tradition of kindness and thoughtfulness. To my dad who imparted very wise words to me just before I left for law school, I also say thank you. As I was leaving he said,
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“Tony, work hard, it will make life easier.” And when he said that, I thought, wow, that’s profound: work hard, it will make life easier. I dare any of you to steal that and put it on a T-shirt without Sos permission – it’s trademarked. As you can probably tell, receiving this award is not about me. It’s about the people around me who have had such a positive influence on my life. For another important professionalism ingredient, I turn to my law partners. It would be an incredible disservice if I did not individually mention the lawyers I work with as they have all had such a great influence on me. Bob Dellecker, Brian Wilson, Sam King, Ken McKenna, Bill Ruffier, Doug Martin, Bill Tonelli, and Nick Seidule. The mentoring and sound advice I have received from them has been invaluable to me. For the 15 years I’ve been with the firm (only 10 years as an attorney, but I worked there before and during law school), we have weekly meetings at 7:30 a.m. This collaborative forum provided an opportunity for us to raise any issue we were having on any case and to get the group’s input. For me, school was in session during these meetings. They all have provided excellent examples of professionalism for which I am very grateful. What I am really driving at here is, as young lawyers, it is very important that you find a good mentor. It can be someone within your firm or outside of your firm. But seeking appropriate guidance in our profession is critical to professionalism. I didn’t know Lawrence Mathews but I’ve read and heard a lot about him. I only hope I can live up to his incredible reputation. As a first-generation attorney in my family, something really struck me during law school orientation. I remember there was such a strong emphasis on professionalism and ethics. The reason I remember this is because I distinctly recall thinking to myself, why on earth is there such an emphasis on professionalism? You’re an attorney, be professional. I thought that should come easy and I truly did not understand why the orientation folks continued to talk about professionalism. And then I started practicing law… What I have learned is that the practice of law contains many aggravating factors that can make it tempting for a lawyer to be unprofessional. Stress, anxiety and the requirement to zealously continued page 22
PAGE 7
The Florida BarNews
Honoring 50 Years of Service
T
he Florida Bar honored 17 practitioners in the Ninth Judicial Circuit for 50 years of dedication to the practice of law. They were among 165 attorneys statewide who were recognized for attaining this distinguished milestone. The celebration was held during a luncheon sponsored by The Florida Bar’s Young Lawyers Division at The Florida Bar’s Annual Convention at the Boca Raton Resort and Club on June 28, 2015. Senior counselors who have practiced for 50 years or more but have not been members of The Florida Bar for the entire period were also recognized at the luncheon. Retired 2nd District Court of Appeal Judge Emiliano “E.J.” Salcines Jr., a 50-year honoree, was the featured speaker. Ninth Judicial Circuit Honorees William Frederick Beemer, Esq.* Orlando
Erik Christian Larsen, Esq.* Winter Park
Lawrence W. Carroll, Jr., Esq. Maitland
Michael Charles Maher, Esq.* Winter Park
Charles R. Fawsett, Esq.* Orlando
Bruce McEwan, Esq. Orlando
Louis Elton Feinberg, Esq. Maitland
John W. Rodgers, Esq.* Windermere
John Edwin Fisher, Esq.* Orlando
Hon. Chester George Senf, Jr.* Orlando
Robert Norwood Gay III, Esq. Orlando
John Louis Thomas II, Esq. Winter Park
Frank N. Kaney, Esq.* Orlando
William Rogers Turner, Esq. Winter Park
David B. King, Esq.* Orlando
Charles Talley Wells* Orlando
Karl O. Koepke, Esq.* Orlando
*Denotes current member of the Orange County Bar Association
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Clerk’sCorner
T Tiffany Moore Russell, Esq. Orange County Clerk of Courts
Orange County Clerk of Courts 2015 Report to the Citizens of Orange County
ransparency in government is one of the most important responsibilities of an elected official. Regular readers of my newsletter and those who have heard me speak to community groups know it is a commitment I take very seriously. That is why I am so excited to share with you the Orange County Clerk of Courts 2015 Report to the Citizens of Orange County. The report includes important information on the financial health of this office, trends in case filings, expansion of services, our commitment to quality customer service, and our successful efforts to stay ahead of the rapid technology transformation of the court system. Our strategic plan is outlined, as is our philosophy on the importance of holding ourselves accountable to it. Each strategic goal reinforces our strong commitment to quality in all aspects of our work. While the majority of our work takes place within our offices, including maintaining court files, collecting fees and fines, and assisting judiciary in the courtroom, we can’t be successful without going outside those walls to have a meaningful dialogue with people who are counting on us.
To that end, we have embarked on an ambitious community outreach program. I’m very proud of the efforts highlighted in the 2015 Report to the Citizens, including my pledge to expand our outreach to a more diverse audience. A true commitment to openness means being proactive in seeking questions and feedback while also sharing news of our plans, services, successes, and lessons learned. And we don’t shy away from lessons learned. Those included in the report show we are an agile organization that doesn’t settle for the status quo. I am so grateful for a dedicated and caring staff that enthusiastically seeks ways to improve our processes and customer service. Some of our greatest accomplishments started with ideas from front-line deputy clerks. I hope you’ll take some time to read the 2015 Report to the Citizens by visiting www.myorangeclerk.com and see all we are doing to create positive experiences for our customers, partners, and the community. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.
OtherNews
T
Statewide GAL Foundation’s Inaugural Charity Golf Tournament a Huge Success
he inaugural Florida Guardian ad Litem Foundation’s Charity Golf Tournament was a huge success. It was held in conjunction with the Statewide Guardian ad litem Program’s annual Disabilities Training Conference, and was presented by Akerman at the Ritz-Carlton Orlando, Grande Lakes. OCBA was well represented by the duo of Richard Dellinger, Esq., and Bill Davis, Esq. After golf, everyone moved to
the clubhouse for an awards luncheon where the winning team, CBC of Central Florida, was presented with prizes from Sea World. The program’s executive director, Alan Abramowitz, praised the advocacy efforts of the Legal Aid Society’s pro bono attorneys on behalf of dependent children. In total, the tournament raised more than $20,000 in sponsorships, with Akerman being joined by Sunshine Health, the Law Offices of Moore &
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Moore, and the Law Offices of Mary K. Wimsett. In addition, there was a generous $12,500 worth of in-kind donations made. Special thanks to Kelly Razzano, the volunteers from the Statewide GAL Office, and the Legal Aid Society of the OCBA for their invaluable support.
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SpecialFeature
M Dennis J. Wall, Esq.
Class Action Settlements Have Consequences, From Florida to the State of Washington
ost people agree to pay for force-placed insurance. They just may not realize it. When we borrow money, we almost always give our lenders collateral to back the loan. We also agree that we will buy insurance to protect the collateral if the collateral is particularly big, such as our house in a mortgage loan. In the event that we do not make the loan payments, or if we do not keep insurance in place to protect the collateral, we also agree that our lenders can place insurance to protect the collateral and force us, the borrowers, to pay for it. But we generally do not agree to pay the additional price of kickbacks and other secret charges which insurance companies allegedly pay to banks in exchange for a place on the lenders’ approved list of insurance companies offering force-placed insurance. In the case of Keller v. Wells Fargo Bank, N.A.,1 the U.S. District Court for the Western District of Washington refused to immediately dismiss a lawsuit filed by homeowners as a class action in Washington State over alleged practices of lenders and their agents in force-placing insurance. The court instead provisionally granted the named plaintiffs-homeowners’ motion to temporarily enjoin the defendants’ foreclosure sale of their home. The federal judge in the Western District of Washington ordered a temporary injunction, subject to proof from the plaintiffs, that they timely “opted out” of a Florida class action settlement which seemed to involve the same issues of alleged lender force-placed insurance (LFPI) practices: Accordingly, as set forth below, the court will grant limited injunctive relief to allow plaintiffs an opportunity to come forward with evidence or argument that demonstrates that they opted out of the [Florida] settlement or that their claims are somehow not covered by the settlement.2
The Florida class action settlement was written and reached in a case called Fladell. Two earlier decisions in other districts have come to light involving the same defendants and the same Florida class action settlement. One such decision is in Ali v. Wells Fargo Bank, N.A.3 There, a Western District of Oklahoma judge took a different approach to the same issue that faced the federal judge in Washington State. As it would later argue in Washington, the defenPAGE 10
dant in the Oklahoma case argued that all of the plaintiff’s claims in an alleged LFPI class action were compromised in what was then a preliminary settlement in the Fladell case in Florida. On a record consisting of allegations and pleadings, the federal court in Oklahoma entered orders based on a finding that the alleged conduct of Wells Fargo on which Plaintiff bases her claims [in the Oklahoma case] constitutes the same factual predicate for the class claims in Fladell. A settlement in Fladell will likely prevent class members from subsequently asserting claims relying upon a legal theory or theories different from that relied upon in the class action complaint, but depending upon the same factual predicate.4 Under these circumstances, [said the judge in Oklahoma] the Court finds a stay of this case is appropriate.5 Since the Ali orders were entered in Oklahoma, the federal court in Florida has approved the class action settlement in Fladell. Although the Oklahoma parties were ordered to report to the Oklahoma judge on the results of the Florida class action settlement in Fladell, the portal for Public Access to Court Electronic Records, which includes the Oklahoma Western District Court’s electronic docket, shows that nothing was filed by the clerk since the date of those orders on March 3, 2014. The oldest case found in which Fladell has been urged as a bar to lender force-placed insurance claims also came before the settlement in Florida had been reduced to a written agreement, let alone before a federal court in Florida approved the Fladell settlement. The earliest such decision was rendered by a federal court in California immediately after settlement negotiations began in Florida in Fladell. “On February 3, 2014 the parties in Fladell reached a settlement in principle,” anticipating that a motion for preliminary approval of their class action settlement would be filed in March. [CITE] On February 19, 2014, a federal court stayed an alleged LFPI class action involving California homeowners. The ground for the California court’s order was that a settlement in Florida in Fladell might preclude the LFPI class action alleged in the complaint which was filed in Cali-
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Workers’ CompensationCommittee An Interview with The Honorable Neal Pitts Judge of Compensation Claims
J
Joanne M. Prescott, Esq.
Karen Cullen, Esq.
udge of Compensation Claims Neal Pitts was appointed to serve in 2009 after a successful career in private practice. Karen Cullen, Esq., and Joanne Prescott, Esq., co-chairs of the Workers’ Compensation Committee, had a chance to sit down with him to talk about his path to the bench and his hopes for using his position to enhance and strengthen the legal community. Ms. Prescott/Ms. Cullen: How did having a parent who was a successful lawyer influence your decision to have a career in law? Judge Pitts: My dad was a lawyer. It was my desire since I was a child to follow in his footsteps. It was really all I knew. A love for the law definitely runs in my family. My oldest and youngest daughters followed in my footsteps and became lawyers as well. Q: Was it always your desire to practice in the area of workers’ compensation? A: No. My first experience as a lawyer was practicing liability defense at my dad’s firm for three years. After I completed my LL.M., I went to work doing transactional work for a year, and then left to open up my own firm. At that time, I was handling liability work, medical malpractice, probate and guardianship, and small estate planning. Not long after I opened my firm, I received a referral from a college friend to assist a friend of his who had been injured at work. From that one case, I essentially built my entire practice around representing injured workers. Q: How did your background and obvious love for the law affect your decision to become a judge? A: After being an advocate for so long, it had always been my dream to become a decision-maker and wrestle with the facts and the law to find the truth. I wanted greater depth in my legal career. Litigation allowed me to enjoy the mystery that the law presents, by building a case, using the facts to establish your burden of proof, and developing a theory to tell a story that is believable and factual. But, as an advocate, you are one-sided and tend to become pigeon-holed and do not get to experience the whole process. I became a judge to serve the public and because I really enjoy people and the law. However, I am always trying to increase the depth of my knowledge. I am currently enrolled in the mini-MBA program at Rollins. You get an overview of all the topics covered by a traditional program, such as management, marketing, leadership, motivation,
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economics, and finance. I have learned that these principles not only apply to the business world, but the legal world as well. We all lead. We all need to motivate. We are not really selling legal services. As a judge or practitioner, we are selling trust. A successful practitioner is not necessarily in the business of winning and making money. You are making sure your clients trust you, as the outcome of their case affects their life. If you win their trust and can work their case because they trust you, then hopefully you will win and be monetarily successful. As a judge, you are building trust to promote respect for the system. There should be no agenda. As a judge, I make the best decision with the information that I am given. If everyone, including the injured worker, knows that I am prepared and informed, then everyone knows that he or she will receive an unbiased decision, lending trust to the system. The mini-MBA program has been invaluable in teaching me these principles. I just wish I enrolled years ago! Q: Do you feel it is important to foster the relationship between the bench and the bar? A: Absolutely. I think the system works better if there is a cross-pollination and interchange of ideas between the lawyers and judges. I think we also need to promote the relationships between bar members. There needs to be civility and mutual respect when everyone meets in the courtroom. I am involved in coordinating and providing CLE’s and participate in bar-affiliated groups, such as the OCBA Workers’ Compensation Committee and the Central Florida Inn of Court, because I feel very strongly that these relationships all need to be fostered. The Inn of Court is the perfect example of a group that encourages these relationships. I am the president of the Central Florida Chapter. We are only the second Inn of Court that is dedicated to the workers’ compensation practice, with the first being in Jacksonville. We have attorneys, judges, and law students who travel from all parts of Florida to network with each other. It not only promotes the civility and respect I mentioned earlier, but it also helps us all to better our skills. It is my goal to continue expanding the Inn of Court because the benefit to our profession is immeasurable. The law has been good to me, and it is important to me to maintain the integrity of the profession. Joanne M. Prescott, Esq., is an attorney with Zimmerman, Kiser & Sutcliffe, P.A. She has been a member of the OCBA since 1997. Karen J. Cullen, Esq., is an attorney with Broussard, Cullen, et al. She has been a member of the OCBA since 1991.
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SpecialFeature
What’s Mine is Yours: Overview of a Commingling Case
W Thomas J. Gillmore, CPA, CFE, CVA, CDFA tm
hether in a collaborative setting or in a contested divorce proceeding, counsel may discover the existence of a marital investment account such as a brokerage account, IRA, or 401(k) – to which one spouse claims a partial, non-marital interest. Frequently the spouse claiming the non-martial interest will even provide supporting evidence such as an account statement showing a rollover, deposit, or transfer of pre-marital funds into the marital account. For example, an attorney recently shared with me the following case where the husband (Bill) found new employment during the marriage and decided to rollover his old Disney 401(k) into a new 401(k) account with Lockheed Martin, his new employer. Bill provided account statements from 2002 to 2006 which supported his claim to $70,000 in rollover funds; however, the documentation was incomplete between 2006 and 2011; several years were missing. From the date of marriage in 2002, Bill worked at Disney until 2006 when he transferred to Lockheed Martin. As of the date of filing the petition for dissolution of marriage in August of 2013, wife (Judith) claims that this $70,000 rollover and all of the interest thereon is marital because the money had become so commingled and so untraceable that it is now incapable of being specifically identified as the earlier, separate property. She likened this commingling to be akin to mixing Pepsi with water. Judith pointed out that case law in Florida “says” that an asset thus commingled and now untraceable becomes a marital asset subject to equitable distribution. Bill vigorously disagreed and claimed that this “dowry” or apparent gift to the wife was nothing more than a mistake and that he never intended for both spouses to benefit from the rollover. It was his before the marriage and should be his alone. Bill and Judith each hired a forensic accountant to help argue their respective points. The husband’s forensic CPA, Mary, acknowledged that the account was indeed commingled. However, she provided a solution to the parties whereby the dollar-weighted allocation method would be used to allocate today’s account balance between the two spouses, while setting apart the principal and interest attributable to Bill’s rollover of pre-marital funds. Mary thinks this allocation method will be a fair method of untangling the
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fungible stocks, bonds, and other investments in Bill’s 401(k) account. CPA Mary prepared a list of all the account activity she could find from the date of inception to the date of filing, including employee contributions, employer matching funds, gains, losses, loans taken, and loans repaid. Mary determined that as of August 31, 2013, the marital component is $240,000 and the non-marital balance is $197,000, which balanced with the August account statement that showed a total balance of $437,000. The question before you now is whether Mary, CPA, has satisfied the 5th DCA’s requirement that the original, pre-marital asset be sufficiently traced and is now sufficiently identifiable as to its separate nature. It is the author’s opinion that Mary’s efforts neither undid any of the commingling nor specifically identified and traced the non-marital asset(s) as we are instructed to do by the 5th DCA in Archer v Archer.1 More importantly, you might ask, “Why does this matter?” Why does it matter that Mary devised a seemingly equitable solution to this case of commingling? Let’s take a look at a prior case example where Mary was actually found to have perjured herself when asked whether she acted as an advocate for Shelly, a client she had couple of years ago. Mary still denies having been Shelly’s advocate; however, let’s look at what unfolded during the allocation process: Allocating is Advocacy (and why that matters) Following a steamy eight weeks of dating, Frank and Shelly decided to marry in June of 2002. They had a wonderful marriage and two lovely children. As it turned out, Frank realized over the last couple of years that he was gay. Shelly was considering a new lover anyway, so they decided to find new life-partners. Their equitable distribution settlement conference was scheduled for April 8, 2015. To ensure they got the best settlement possible, both spouses wisely hired forensic accountants. In March of 2004, hard-working Shelly transferred $100,000 from her pre-marital savings account into a newly formed Frank & Shelly marital investment account that held $400,000 in marital funds prior to Shelly’s deposit.
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Frank and Shelly had each contributed their 2002 and 2003 annual Christmas bonuses to this new account. Shelly liked the idea of being able to manage all of her funds inside of the marital brokerage account, which had lots of investment choices. The Frank & Shelly account was a self-directed, well-diversified portfolio of stocks, bonds, and mutual funds. On that warm, sunny day in March of 2004, while relaxing poolside and managing her funds within this marital investment account, Shelly decided to invest her pre-marital $100,000 into a high-risk, high-reward hedge fund called IQ Hedge Multi-Strategy Tracker ETF, listed on the NYSE as (QAI). Thinking she would win big on this sure bet, Shelly had a gut feeling everything was going to work out in her favor. She might even double her money! With Shelly’s $100,000 deposit, the Frank & Shelly martial account balance jumped from $400,000 to $500,000. Looking back to that sunny day in March of 2004, everyone agreed that Shelly retained a separate, identifiable interest in the $100,000 – at least momentarily. All is well until someone or something or some event stirs the pot. Let’s see what happened to their martial investment account when IQ Hedge Multi-Strategy Tracker ETF went completely belly-up and Shelly lost that $100,000. Initially, of course, the marital account just fell back to the $400,000 balance and everything was just fine upon equitable distribution (but only if the QAI is traced back to its roots and then to its demise). In other words, everything is “just fine” only if the $100,000 was traced by a competent forensic accountant and, as a result of this tracing, the QAI loss is attributed entirely to Shelly – resulting in no harm to husband, Frank. In other words, Shelly lost her $100,000, which leaves the remaining $400,000 balance in the account to be split equitably. Shelly gets $200,000 and Frank gets $200,000 in an equal distribution scenario because of the tracing efforts. Here is what happened when the Frank & Shelly marital investment account was allocated between the parties by Mary, CPA, while recognizing Shelly’s transfer of $100,000 of non-marital funds to the marital account. Mary decides to allocate the ending balance of the marital investment account while recognizing Shelly’s $100,000 to be a non-marital component. After all, Shelly can prove she brought $100,000 in pre-marital money to the marital account, right? We also have the evidential account statements prior to the date of marriage, right? Mary decided to mathematically calculate the overall rate of return/rate of growth of the entire marital investment account over the years of the marriage, and then applied that rate of growth to both the marital and non-marital beginning and interim balances to derive the appropriate and fair allocation of the ending balances. The same rate of return is applied to Shelly’s $100,000 as it was to all other monies in the account. In other words, to be fair to both parties, the same rate of return is applied to the entire account regardless of whether there were specific investments in large company stocks, small company stocks, corporate bonds, mutual funds, municipal bonds, etc. Mary had no idea that Shelly had actually lost the $100,000 on her bad bet. Heck, Shelly hardly remembered this downfall so she didn’t say anything about it, and she’s too emotionally caught up in the kids’ issues to even think about it anyway. theBriefs July 2015 Vol. 83 No. 6
At the settlement conference everyone acknowledged that Shelly transferred $100,000 in pre-marital money to the marital account, but nobody could identify exactly where it was on the day of the meeting. They could not find the QAI fund or any part of it. They decided “in fairness” to allocate to both parties everything else that remained in the marital account. After all, several statements were missing, but Shelly seemed like an honest, albeit forgetful, person. By definition, a primary goal of the allocation process (although poorly conceived) is to set-aside Shelly’s $100,000 (and the growth on that $100,000) for her sole benefit. After all, she earned this money prior to the marriage, right? Sadly for Frank however, at the moment of allocation he becomes the unwitting insurer of Shelly’s earlier $100,000 loss. Certainly, this would have come as a surprise to Frank and likely would be a surprise to his legal counsel. Allocating the marital account means that Frank will lose $50,000 and Shelly recovers $50,000 of her $100,000 loss, which is shown as follows: Allocating the ending balance of $400,000, where Shelly first received $100,000 of her pre-marital contribution, leaves only $300,000 to be distributed “equitably” between her and Frank. Shelly thence departs the marriage with $250,000 while she was actually due only $200,000 (50% of the marital account). Frank thence departs the marriage with $150,000 while he was actually due $200,000 (50% of the marital account). As another example, assume the $500,000 grew to $750,000 during the marriage (net of Shelly’s $100,000 loss). By allocation, she will first receive the pre-marital $100,000 and then receive 50% of the remaining $650,000. Shelly departs the marriage with $425,000, while she was actually due only $375,000. Frank departs the marriage with $325,000, while he was actually owed $375,000. Had Mary, CPA, followed the instructions of Florida’s 5th DCA, she would have noticed and documented the absence of the original $100,000 investment in IQ Hedge Multi-Strategy Tracker ETF listed on the NYSE as (QAI) and consequently allocated the entire remaining marital portfolio on an equitable basis. Tom Gillmore, CPA, CFE, CVA, CDFA,™ is the founder of Florida Valuation & Forensics, P.L. serving the Central Florida legal community since 2009. He can be reached at tomg@GillmoreAccounting.com or by visiting his website at www.FloridaValuationForensics.com. Archer v. Archer, 712 So. 2d 1198 (Fla. 5th DCA 1998). The problem of non-traceability did not exist, however, with respect to other assets in the account. The specific assets subject to this determination are the AT&T stock, the General Electric stock, the FPL Group stock, the Brunswick Corp. stock, the unamortized principal on the three Ginnie Mae mortgage securities, and the Aegis Industries stock.
1
The remaining assets obtained by the former wife from her mother have become untraceable as a result of being commingled with marital assets during the course of the marriage; therefore, the assets not specifically identified above were properly designated by the trial court as marital assets.
Popovich Law Firm, P.A. Nikie Popovich, Attorney at Law Call: 407.965.2800 Email: nikie@popovichlawfirm.com CRIMINAL & CIVIL APPEALS
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Legal Aid SocietyWhat We Do...
T Michael L. Resnick, Esq.
Help Me... Help Me, Please!
hat’s not the plea of the author of this article (although, perhaps, it should be). Rather, this is the appeal of the more than 240,000 residents of Orange County who are eligible for free legal assistance from the Legal Aid Society of the Orange County Bar Association because of their very limited income. Have you ever wondered about the income criteria used by the Legal Aid Society in determining whether a person obtains legal assistance? At the Legal Aid Society, we determine assistance based on the gross income of a household (income before deductions). The Legal Aid Society only provides legal assistance to those people whose gross household income is 125% or less than the federal poverty level for a household of that size. So, what does this actually mean? Take a family of four in Orange County. Using federal poverty guidelines, a family of four must have a monthly gross household income of $2,507, or less, in order to qualify for legal assistance. I don’t know about you, but that’s not much income to live on, let alone thrive! Some of you may not know, but the Legal Aid Society does far more than simply litigate a client’s legal rights in court. The Legal Aid Society is often in the forefront of advocating for changes in laws to better protect the rights of our disadvantaged clients. We lobby for changes in laws at the state and national level, and we often partner with national organizations so that programs and legal strategies that are successful in other parts of the country can be applied here in Orange County. In 2014, the Legal Aid Society received 6,214 calls for housing-related legal assistance, predominately in the areas of foreclosures and evictions. These housing-related calls represented almost one-third of the 20,007 total calls for assistance that were received by the Legal Aid Society in 2014. So, “who” are the “faces” of clients of the Legal Aid Society? Interestingly, our clients may be your neighbors, or people with whom you work. I regularly receive calls from attorneys whose friends, family, and employees are in need of legal assistance in foreclosures and evictions. Below, are some Legal Aid client stories: Steven is a 67-year-old veteran who served our country with distinction and honor. Steven was receiving VA benefits until his benefits were terminated. Why were Steven’s VA benefits terminated? Apparently, the VA believed that Steven
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was deceased. I can assure you that Steven is alive and well. As a result of the termination of his VA benefits, Steven was unable to afford his mortgage and his lender filed a foreclosure action. In cooperation with Congresswoman Corrine Brown’s office, we are currently working with the VA and Steven’s lender, in the hope that this matter can be resolved. Barbara is a 63-year-old widow who is currently involved in a foreclosure action involving a loan that was obtained by her late husband less than two years ago. The type of loan that is at issue in this foreclosure action is no “ordinary” loan, but rather a “reverse mortgage.” In the past, I’ve written about reverse mortgages, which are loans that are given only to homeowners 62 years of age or older. The main benefit of a reverse mortgage is that a homeowner is no longer required to make regular monthly mortgage payments for the remainder of his or her lifetime. At the time that Barbara’s husband obtained this reverse mortgage, Barbara was five months away from turning 62 herself. As a result, in order for Barbara’s husband to obtain a reverse mortgage, Barbara was legally required to convey her ownership interest in her marital property to her husband. Well, can you guess what happened next in Barbara’s life? Barbara’s husband unexpectedly passed away less than six months after he took out his reverse mortgage. So, what happens to Barbara and her home of 25 years now that her husband has passed away? Since Barbara is not a “borrower” on her husband’s reverse mortgage, the loan is now in “default” and either must be paid in full, sold, or lost as part of a foreclosure action. Since Barbara is unable to purchase the home or sell the home, she will lose ownership of her home as part of the foreclosure action that has been filed by her husband’s lender. The problem of a “non-borrowing spouse” in reverse mortgage situations is so profound that the Department of Housing and Urban Development has now changed its regulations for new reverse mortgages to limit the harshness of this non-borrower spouse situation. Unfortunately, these new HUD regulations only apply to new loans initiated after August 1, 2014. These new HUD regulations do nothing to change the millions of reverse mortgages already in existence. These new HUD regulations are the result of the efforts and significant litigation AARP pursued in federal court in Washington, D.C. continued page 27
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Legal Aid SocietyGAL Teaching Tips
Making Status Hearings Work for the Dependent Child
A Sally McArthur, Esq.
s Guardians ad Litem (GALs), we all know how the dependency court operates. We anticipate the following hearings: shelter, arraignment, disposition, and a judicial review (JR) hearing every 6 months to ensure case progression until the case closes, which may require holding additional hearings to reach the most appropriate permanency goal. A status hearing is held to address an issue so substantial that it requires attention prior to the next scheduled hearing. Medical treatment, family visitation, education, and other specific services are frequently the subject of dependency court status hearings. For judicial expediency, the court may order a status report be filed instead of holding a hearing, but some issues may require a change that the court needs to address through a hearing. How can GALs make these status hearings productive? Be prepared to make requests for additional services. For example, if a paternity test is ordered for a putative father at a paternity status hearing, the results of that test may determine the rights and responsibilities of that person in the dependency case. If paternity is established, it is important for GALs to consider what case plan tasks should be ordered for the parents. A test result that excludes the named father is just as important so that the correct parent may be identified and the GAL can request clearly-defined terms of parent-child contact. Share as much information as possible on the record. Doing so proves particularly helpful at status on diligent search hearings. If there are parents whose whereabouts are unknown and not able to be served, it is incumbent on DCF to show proof that a diligent search was completed so that the parent can be defaulted. This often delays permanency for the child. GALs frequently receive potential “leads” on parents’ locations from relatives and others who know the child. Sharing this information with the court can result in a mandated course of investigation, allowing DCF to locate and serve the parent. Service or a complete diligent search can also help refute potential claims from a parent that DCF knew their whereabouts, but failed to act thoroughly. Ask for “standing” status hearings. Placement status hearings are common, as changing a child’s placement – particularly to an out-of-state placement – requires that case managers complete
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multiple steps. The Interstate Compact on Placement of Children (ICPC) governs whether a child may be placed out-of-state, or whether a family with foster children may move to another state, among other things. The ICPC is necessary to ensure that proper oversight and services are available in the receiving state, and that the receiving state is willing to provide the resources needed for the dependent child. Because the ICPC process may take 6 months or more, it should be monitored. Case managers are busy and once the packet is out of their hands, it is easy to just assume that things are going as they should, even if that is not the case. However, if it is known that a status hearing will be held every 30 days, for example, the case manager will likely more closely follow the ICPC packet in preparation for court hearings. Regular checking helps identify potential problems and the sooner the issues are identified, the sooner the child may be able to leave foster care and go to live with grandma in Georgia. As the GAL, you represent the best interests of the child, and timely permanency is recognized by statute to be in the best interest of the child. Follow these tips to maximize the effectiveness of status hearings for your dependent child: • Motion for a status hearing when appropriate. If DCF is not filing status reports when they have been asked to or when other parties fail to address critical matters, the status hearing is a great tool. • Prepare as you would for any other hearing. That means knowing the results that will be reported at the hearing if possible, and being prepared to argue in the child’s best interests for next steps, depending on the results of the hearing. • A status hearing may be conditioned on the result of a report and can be cancelled if the hearing is no longer necessary. The LAS GAL Program is here to support you. If you have questions, call or email Sally at (407) 841-8310 or smcarthur@legalaidocba.org. Sally McArthur, Esq., GAL staff attorney at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2008.
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Legal Aid SocietyLAS Teaching Tips
C Ana Bernal Roberts, Esq.
Donna A. Haynes
Tips for Representing Immigration Clients
lients in need of immigration assistance are often the most vulnerable members of our society. They may need a bit more help than the average client in navigating the legal process. It is up to us as their representatives to provide that support. As an immigration attorney at the Legal Aid Society of the OCBA, Ana Bernal Roberts, Esq., knows this too well. Ana worked at Legal Aid from 2001 until 2009 and returned in December 2014, bringing back her expertise in the area of immigration. Ana provides free legal services in immigration matters to low-income residents of Orange and the eleven surrounding counties. The opportunity to make a positive difference in the lives of immigrants is what drives Ana to practice law. It is extremely rewarding to see the positive results and how grateful her clients are. She has compiled some general tips to ensure that your experience in working with your clients is maximized to the fullest in the immigration setting. Understanding language issues One of the most important issues attorneys face working with immigration issues is dealing with clients from countries who speak different languages and have different customs. That’s why it is imperative that some basic research into the client’s cultural background is done before meeting with him or her for the first time. A majority of the time interpreters are needed. While most legal organizations can provide a translator for more widely spoken languages like Spanish, those who communicate with a lesser-known language may need to have a family member or friend who can be the interpreter when the client meets with the attorney. Ana is fluent in both English and Spanish, but when needing to communicate with clients who speak other languages, the Legal Aid Society uses Optimal Phone Interpreters. This is an over-the-phone interpreting service that goes beyond word-for-word translation. Interpreters are highly trained and interpret the language meaning-for-meaning, capturing the linguistic nuances and idioms. Many English concepts that are communicated in one or two words can take several phrases to accurately describe in another language. Using this service has been extremely effective in initiating and maintaining accurate and effective communication with clients during the process of an immigration case. Strong communication Ask clients detailed questions and ask the same
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questions more than once to be sure of their answers, especially when there is a language barrier. This confirms that your clients understand what is going on in their cases and what you need from them. It is also important to let them ask as many questions as they need to because it can be a difficult and scary process for them. Offer your clients a notepad and pen in case they would like to take notes since the legal information provided can sometimes be overwhelming. Documentation Have your clients provide any and all documentation that is needed for the case. Many times this is difficult because clients have left their home countries without their important documents such as birth certificates, medical records, marriage licenses, etc. These clients may have a friend or family member in their former country who can access the documents for them, or the clients may have to contact their embassy to assist in obtaining these documents. Make the client feel comfortable Last, but not least, make your clients feel at ease during your meetings. Small talk is essential in these types of situations because often times your clients have experienced situations that are not easy for them to share. Making them feel at ease from the start is helpful. Also, because many immigration clients are undocumented in this country, they fear deportation and sometimes worry that the information they provide may cause them to get deported. It is crucial your client understands that the communication is confidential and that you are only there to help him or her. This will make clients more willing to openly communicate with you. You can introduce yourself and tell them a bit about your background as a way to break the ice. If you have any questions please contact Ana at aroberts@legalaidocba.org or 407-841-8310 x3124. For information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Manager of Development, dhaynes@legalaidocba.org or by calling 407-5151850. Ana Bernal Roberts, Esq., is an immigration attorney with the Legal Aid Society of the OCBA, Inc. She has been a member of the OCBA since 2015. Donna A. Haynes, Manager of Development at the Legal Aid Society of the OCBA, Inc., has been an OCBA member since 2008.
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Breakfast of Champions 2015 8TH ANNUAL
To benefit the
Legal Aid Society of the Orange County Bar Association, Inc. Reservations Required - Location to be determined
Wednesday, November 4, 2015 7:30 a.m. until 9:00 a.m. SPONSORSHIPS AVAILABLE:
Platinum Gold Silver Copper Bronze
$10,000 $5,000 $2,500 $1,000 $500
SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials. PLEASE MAKE CHECK PAYABLE TO: Legal Aid Society of the Orange County Bar Association, Inc. Attention: Administrative Bookkeeping 100 East Robinson Street, Orlando, Florida 32801
For sponsorship or to make donations, visit:
www.legalaidocba.org Go to Donation Tab, By Donation Note: 2015 Breakfast of Champions
FOR MORE INFORMATION CONTACT: Donna Haynes, Manager of Development (407) 515-1850 or boc@legalaidocba.org
DESIGNED
A COPY OF THE LEGAL AID SOCIETY OF THE O.C.B.A.’S OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE 1-800-HELP FLA (1-800-435-7352) IN STATE OR AT THE WEBSITE, WWW.FRESHFROMFLORIDA. COM <http://WWW.FRESHFROMFLORIDA.COM> . REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
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Susan Khoury, Esq., with Elizabeth F. McCausland, Esq., OCBA Treasurer, accepting the LAS 2015 Elizabeth Susan Khoury Guardian ad Litem Award of Excellence on behalf of Deborah L. Moskowitz, Esq.
Richard S. Dellinger, Esq., OCBA Secretary, with LAS 2015 Pro Bono Champion Award of Excellence recipient, Stephen R. Caplan, Esq. LAS 2015 Law Student Award of Excellence, Mia K. Pacitti 2015-2016 Young Lawyers Section Officers and Board
Pamela L. Foels, Esq., recipient of the Judge J.C. “Jake” Stone Legal Aid Society Distinguished Service Award
2015-2016 OCBA Foundation Officers and Board
Richard Dellinger, Esq., and Keshara Davis Cowans, Esq., The Florida Bar 2015-2016 Paralegal Section Officers and Board
LAS 2015 Law Volunteer Award of Excellence, Ralph J. Rogers PAGE 18
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2015-2016 Annual OCBA Installation & Awards Banquet May 28, 2015 • The Ballroom at Church Street Sponsored by Curtis Protective Services, Inc.
LAS 2014-2015 Outstanding Board Member Award, Ana E. Tangel-Rodriguez, Esq.
OCBA 2014-2015 Outstading Committee Chair Award, Stacy Ford, Esq., Appellate Practice Committee
Jamie Billotte Moses, Esq., OCBA President, with parents, Sherry and Jim Billotte.
Norberto Katz, Esq., receiving the OCBA 2015 Presidential Award for Outstanding Service
Eric Reed, Esq., in recognition of service on the Legal Aid Society Board of Trustees, 2012-2015
Richard Dellinger receiving an LAS 2014-2015 Outstanding Board Member Award from Bill Davis, Esq., outgoing LAS President
LAS 2015 Tax Clinic Project Award of Excellence, Michelle A. Berglund, Esq.
Photos: Flo Beohm, Boehm & Boehm Forensic Media Consulting
LAS 2014-2015 Outstanding Board Member Award, Wynne E. McFarlin, Esq.
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YLS Great Oaks Village – 2015 On May 16, 2015, the Young Lawyers hosted their annual field day for the amazing kids of Great Oaks Village (GOV), a group foster home in Orange County. The Great Oaks Village Field Day is one of the longest-running YLS community service events. This year YLS provided the GOV kids with a positive, fun-filled day with a bounce house/water slide, basketball, football, makeup lessons, and arts and crafts. The YLS committee cooked hotdogs and hamburgers, and served up sno cones, cotton candy, and other treats. YLS also secured a special appearance from Earl Edwards of Orlando City Soccer. Through the event, YLS raised more than $2,000 in hygiene supplies, backpacks, flop flops, arts and crafts, and sports equipment to help fulfill GOV’s needs.
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YLS on the move
W
Chanel A. Mosley, Esq.
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e’ve had a busy year so far and things are just getting started for the YLS as we move through the summer months. Here’s a look at our recent events: On May 14, 2015, Judge John Marshall Kest held his monthly Brown Bag Lunch at the Orange County Courthouse. During the luncheon, Judge Kest presented the topic, “Motions to Continue – Filing, Arguing, and Using the Motion.” If you have missed previous luncheons and would like to obtain a copy of Judge Kest’s outlines, electronic copies are available by emailing Diane Iacone, judicial assistant to Judge Kest, at ctjadi1@ocnjcc. org. On May 15, 2015, the YLS monthly luncheon was held at The Citrus Club. This was a very special luncheon, featuring our ceremonial passing of the YLS gavel to Amber Davis, Esq. Many past YLS presidents were in attendance to offer words of wisdom and encouragement to Amber as she assumed her position as the YLS president for the 2015-2016 year, including: Wiley Boston, Esq.; Chelsie Flynn, Esq.; Ryan Davis, Esq.; LaShawnda Jackson, Esq.; Jim Lussier, Esq.; Liz McCausland, Esq.; Lauren McCorvie, Esq.; Jaime Moses, Esq.; Eric Reed, Esq.; Tony Sos, Esq.; and Woody Rodriguez, Esq. YLS members enjoyed a delicious three-course meal thanks to our wonderful sponsors, ProServe USA; Cross, Fernandez & Riley, LLP; LexisNexis; and Florida Lawyers Mutual Insurance Company. YLS members and volunteers enjoyed a fun-filled field day at Great Oaks Village on May 16, 2015. Great Oaks Village is a residential foster community for kids who have been removed from their homes because of abuse or neglect, among other reasons. The annual field day is one of the longest-running events sponsored by YLS and gives members a chance to spend a fun, interactive day with the kids playing soccer, tug-of-war, kickball, arts and crafts, and many other activities. The YLS also hosts a cookout for the children and provides a variety of donated items to the kids, including hygiene supplies, shoes, and backpacks. This year, we were very excited to welcome a few of the players from Major League Soccer’s Orlando City Soccer team to join the children in their activities. This event was made possible thanks to the hard work and dedication of committee chair C. Andrew Roy, Esq. and his committee members, as well as all of those who volunteered their time to join in the fun or contributed donations for the kids. The YLS would like to extend a heartfelt thank you to all of you for your selflessness and generosity, which is greatly appreciated by the kids at Great Oaks Village! Also, be sure to beat the heat of the summer by
www.orangecountybar.org
joining us for these cool upcoming events: The YLS will host its annual Young Lawyers and Law Clerks Reception on July 1, 2015 from 6:00 p.m. to 8:00 p.m. at the Orange County Regional History Center. This is one of our biggest events of the year and provides a great opportunity for young lawyers and law clerks to network with area judges and local attorneys in a fun, relaxed setting. Attendance is free for law clerks and only $15 for attorneys, judges, and law students. Ticket prices include appetizers and drinks. For more information or to inquire about sponsorship opportunities, please contact Michael Dear, Esq., at mdear@raileyharding.com. On July 10, 2015, the YLS will host its monthly luncheon at the Citrus Club from 12:00 p.m. to 1:00 p.m. This luncheon will feature a panel of local attorneys from various practice areas and firm sizes including: Greg Herbert, Esq. of Greenberg Traurig; Jeff Deery, Esq. of Winderweedle, Haines, Ward & Woodman; Lori Caldwell-Carr, Esq. of In Focus Family Law Firm; and Travis Hollifield, Esq. of Hollifield Legal Center. The panel discussion will focus on tips for networking and rainmaking. For a wonderful three-course meal, the luncheons cost only $10 each. Lunch is offered at a reduced price thanks to the help of our sponsors. Please be sure to RSVP to yls.ocba@gmail.com if you are paying by check or cash, or RSVP online at www.orangecountybar.org/ylsproducts. A late charge of $5 will be added for all RSVPs not received by the deadline. Please note that the YLS is charged for all RSVPs, so please notify us if you have made an RSVP but are unable to attend. The YLS IDignity committee will participate in its annual ID initiative event on July 16, 2015. IDignity assists homeless and economically disadvantaged clients in obtaining vital records necessary for state identification. This ID is essential to gaining employment, accessing educational and social benefits, and contributing to our society. IDignity receives no governmental funding and relies on the contributions of private donors and the efforts of volunteers to accomplish its mission. Volunteers are needed to participate in this event. Please contact Tom Pratt, Esq. at citizenslegal@outlook.com if you are interested in signing up. Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www.facebook.com/OCBAYoungLawyersSection and follow us on Instagram at @OCBAYLS. Chanel A. Mosley, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, P.C., has been a member of the OCBA since 2010.
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ProfessionalismCommittee continued from page 7
advocate for your client, just to name a few. You see, as attorneys and judges as well, we carry a very heavy burden on our shoulders. To quote Bob Wright, we defend the Constitution, we are guardians of liberty, we are advocates for just causes, no matter how unpopular, we protect the powerless – that is the role of an American lawyer. With that heavy burden on our shoulders, premised upon the sacred trust a client has for us, comes anxiety and stress. Anxiety and stress can be bad ingredients that get in the way of professionalism. I encourage each of you to find a healthy way to manage anxiety and stress. If there is anything you take with you today, ask yourself whether you are doing anything outside of the law to help manage your stress level. A 30-minute walk. A bike ride. Time with friends… a pub-crawl (okay, I said healthy). Try to find some healthy activity that will help clear your head.
tell you it’s simple. I don’t always pass the test. I have failures. I have come to learn that the balance is achievable though. But, it requires you to rise to the occasion when it matters most. There are many professionalism tests. One test is how you react when you encounter unprofessionalism. In the heat of the moment, rise to the occasion and exercise patience. Be kind, be diligent, and find someone you can talk about it with, if needed. I am thankful for this community because it has so many excellent lawyers who exemplify professionalism. Thank you to the professionalism committee for selecting me to receive this award. It is their work that continues to put an
In law, we are taught from day one – in fact, we take an oath – to zealously represent our clients. You want to do right by your client so badly, but your opposing counsel is also zealously representing his or her client. So how do you balance zealous advocacy and professionalism? It would be disingenuous for me to stand up here and
important spotlight on professionalism. I am very humbled and grateful. Thank you to all of you for welcoming me here today. I’d like to conclude with an anonymous quote that has always helped me on my journey: “Everyone you meet is fighting a battle you know nothing about. Be kind. Always.” Anthony F. Sos, Esq., Dellecker, Wilson, King. McKenna, Ruffier, & Sos, LLP, has been a member of the OCBA since 2005.
Kelly DeWayne Richards Pianist/Vocalist
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Robert Mansbach Lawyers’ Literary Society of the Orange County Bar Association Reading List 2015-2016 Date
Author
Book
Discussion Leader
August 12, 2015
F. Scot Fitzgerald
Flappers and Philosophers
Annette Schultz
September 9, 2015
Carlos Ruiz Zafon
Shadow of the Wind
Dan Traver
October14, 2015
Henry James
The Turn of the Screw
Susan Bausch
November 11, 2015
Patrick Modiano
Dora Bruder
Karen Jennemann
December 9, 2015
Anita Loos
Gentlemen Prefer Blondes
Robert Hoofman
January 13, 2016
John Synge
Playboy of theWestern World
Stuart Bernstein
February 10, 2016
Anthony Doerr
All the Light We Cannot See
Jules Cohen
March 9, 2016
Richard Flanagan
Narrow Road to the Deep North
Dotty Green
April 13, 2016
Muriel Barbery
The Elegance of the Hedgehog
Anna Palmer Darkes
May 11, 2016
Anthony Burgess
A Clockwork Orange
Scott Willick
June 8, 2016
Seth Greenland
I Regret Everything
Dennis Wall
PAGE 22 www.orangecountybar.org
theBriefs July 2015 Vol. 83 No. 6
Special FeatureWall continued from page 10
fornia court’s order was that a settlement in Florida in Fladell might preclude the LFPI class action alleged in the complaint which was filed in California in October, 2013.6 In sum, the approach of the federal judge in Washington State is the best-reasoned decision of the three cases discussed here on the same issue. The Washington federal judge’s ruling bears emphasis and repetition alike. That ruling allows the plaintiffs in Washington “an opportunity to come forward with evidence or argument that demonstrates that they opted out of the [Florida] settlement or that their claims are somehow not covered by the settlement.”7 There is really only one arguably better-reasoned approach than this. That approach would be to make the defendants raising the issue of claim preclusion come forward with evidence or argument that demonstrates that the Washington State plaintiffs’
alleged claims and classes are somehow covered by the settlement of Fladell in Florida. Dennis J. Wall, Esq. Wall’s book, Lender ForcePlaced Insurance Practices, was published in April 2015 by the ABA. He is an experienced litigator and expert witness, an AV-rated attorney, and an elected member of the American Law Institute. Contact by email DJW@dennisjwall.com or DJW@lenderforceplacedinsurance.com. He has been a member of the OCBA since 1978. Reprinted by permission of the Washington State Bar Association (WABA). Article originally appeared in WSBA’s 69 NWLawyer 27, April/May 2015.
No. C14-422 RAJ, 2014 WL 6684895 (W.D. Wash. Nov. 25, 2014). 2 Id. at *2-*3. 3 No. CIV-13-876-D, 2014 WL 819385 (W.D. Okla. March 3, 2014). 4 Id. at *2. 5 Id. 6 Ursomano v. Wells Fargo Bank, N.A., No. C-13-4381 EMC, 2014 WL 644340 *1-*2 (N.D. Cal. Feb. 19, 2014). 7 Keller, 2014 WL 6684895, at *2 (Emphasis added). 1
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The Investiture Ceremony for the Honorable A. James Craner and the Honorable Patricia L. Strowbridge, as judges of the Circuit Court, and the Honorable Elizabeth J. Starr, as judge of the County Court will be held on Friday, July 24, 2015 at 4:00 p.m. The ceremony will take place at Jones High School, James W. “Chief” Wilson Auditorium, 801 South Rio Grande Avenue, Orlando, 32805.
theBriefs July 2015 Vol. 83 No. 6
continued from page 5
Corso received four varsity letters in both football and baseball at Florida State and Louisville. He is a member of the Hall of Fame at Florida State and the University of Louisville. Corso was also inducted into the state of Florida Sports Hall of Fame in St. Petersburg and most recently into the Kentucky Athletic Hall of Fame. In 2006, he received the Florida State Alumni Association’s Gold Medal, the highest alumni honor. A graduate of Florida State, Corso earned a bachelor of arts degree in physical education and a master’s degree in administration and supervision. Corso is director of business development for Dixon Ticonderoga, Heathrow, FL, an international diversified manufacturer and marketer of writing and arts products. ESPN MediaZone at http://espnmediazone. com/us/bios/corso_lee. June 10, 2015.
Update Your Photo for the Online
Maria E. Espinosa, Esq.
Florida Supreme Court Certified Appellate Mediator since 2015
OCBA LuncheonCorso
www.orangecountybar.org
Membership Directory RCL Portrait Design will be at the OCBA in July to take your free professional portrait. An RCL representative will contact you to schedule an appointment. However, feel free to contact RCL directly at 800-580-5562 to schedule your sitting. RCL will also take additional shots and provide you with an opportunity to purchase a photo package for your professional or personal use. This is a free OCBA member service. RCL has produced professional portraits for more than 21 state and local bar associations and 22 medical facilities across the nation.
PAGE 23
Fall in for Basic Training
The Orange County Bar Association is pleased to provide you with a list of vendors that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.
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WonderWorks Orlando All members of OCBA receive 25% off all WonderWorks Orlando Tickets via personalized company link. • Annie Rivera • 407-352-4275 events@wonderworksonline.com
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MyCase The premier all-in-one web-based legal practice management software. Stephanie Phelan, Marketing Manager • 50 Castilian Dr., Goleta, CA 93117 805-364-5727 • stephanie.phelan@mycase.com
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Dytech Group Computer Networking “Our Business lets you Focus on Your Business” • Randy Centrella • 5728 Major Blvd., Ste. 309, Orlando, FL 32819 407-678-8300 • Sales@Dytech.com InterNetwork IT Everything IT for Your Company. Let us worry about your IT so you don’t have to. • Adam Alexander • 109 B James Ave., Orlando, FL 32801 321-300-6383 • Adam@InterNetworkIT.com The business listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.
The Fundamentals of the Paralegal Profession October 16 & 17, 2015 A dynamic program for paralegals, legal assistants, and legal administrators! • Learn how to prepare for practice in circuit, civil, business, domestic, & criminal courts • Join JAs for tips on filing notices, scheduling hearings, & communicating with judges • Learn about running a law firm, & more... Registration fee:
125 Student & government attorneys 150 OCBA members $ 175 Non-members • Breakfasts, lunches, & receptions included • 8.5 CLE $ $
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PAGE 24 www.orangecountybar.org
To register, go to: www.orangecountybar.org/paralegalbootcamp or call 407-422-4551, ext. 225.
theBriefs July 2015 Vol. 83 No. 6
ParalegalPost
M Shannon Fleming, Esq.
theBriefs July 2015 Vol. 83 No. 6
The Florida Bar’s Registered Paralegal Program
ore than 5,000 people in Florida have earned the right to call themselves a Florida Registered Paralegal. From its inception, the Paralegal Section of the Orange County Bar Association has encouraged its paralegal members to become Florida Registered Paralegals and promote professionalism. In 2008, the Florida Supreme Court approved the launching of the Florida Registered Paralegal Program. A Florida Registered Paralegal (FRP) is a paralegal who has met the education, training, certification, and work experience as required for registration in Chapter 20 of the rules regulating The Florida Bar. An FRP must also work under the direction and supervision of a member of The Florida Bar and perform specifically delegated substantive legal work for which the member of The Florida Bar is responsible. This program provides for a voluntary registration of paralegals. It is a great recognition tool for paralegals to demonstrate their skill level and commitment to professionalism. As an FRP, they agree to abide by the Code of Ethics and Responsibility as set forth by Rules Regulating The Florida Bar. Additionally, an FRP must complete 30 hours of continuing education every three years, which is the same requirement as an attorney. This way, the paralegal can increase his or her level of professionalism and competence, while also keeping up-to-date with the current rule amendments. There are also benefits to hiring an FRP and becoming an FRP. Being an FRP should demonstrate to both attorneys and their clients that the paralegal has gone through a qualification process and met some minimal standards. Also, just as attorneys bill on a scaled rate depending on experience or qualifications, FRPs may be eligible for the same consideration for paralegal work, as long as the rate the attorney charges for the FRP is reasonable and in accordance with the ethical guidelines. FRPs have access to all benefits available to attorney members of The Florida Bar, which include free access to online research, receiving
The Florida Bar News, discounted or reduced CE programs, and car rental. The bar is committed to the overall success of the program. There is a dedicated staff devoted to the administration of the program and a standing committee that sets policies for the program. There is also a designated section for FRPs on the homepage of The Florida Bar’s website. Additionally, many law sections of the bar have amended their bylaws to allow FRP members. FRPs also have access to the bar’s career center, where employers are seeking qualified paralegals for employment. The Florida Registered Paralegal program is still growing, but there is always room for improvement. We would like to see paralegal organizations across the state actively work to get their members to become Florida Registered Paralegals. The process is fairly simple. The paralegal must complete an application, pay an application fee of $145, and provide supporting documentation which evidences eligibility for one of the qualifying criteria. The applicant must be currently working and provide attestations from current and/or previous supervising attorneys. To maintain the FRP designation, all paralegals must pay a $150 renewal fee each year and complete 30 hours of continuing education every three years. The Florida Registered Paralegal Standing Committee has six members, three of which are FRPs. The committee meets twice a year. We encourage interested paralegals to attend a meeting in order to learn more about the program and meet the folks who are setting the policies for this prestigious program. For more information, please email us at www. frp@flabar.org or call us at 1(850) 561-5840. Shannon Fleming, Esq., Assistant Director of the FRP Program, The Florida Bar.
www.orangecountybar.org
PAGE 25
www.patrickcrowell.com Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806
You are in business to deliver a valuable service. Toot your own horn! The Briefs is the perfect forum to herald your message. OCBA advertising specialist Amanda Nethero stands ready to assist in your media investment.
407-422-4551 x 244 // amandan@ocbanet.org
Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE! www.orangecountybar.org/store Login for Member Pricing!
PAGE 26 www.orangecountybar.org
theBriefs July 2015 Vol. 83 No. 6
Y
ou have to love a nation that celebrates its independence every July 4, not with a parade of guns, tanks, and soldiers who file by the White House in a show of strength and muscle, but with family picnics where kids throw Frisbees, the potato salad gets iffy, and the flies die from happiness. You may think you have overeaten, but it is patriotism. ~Erma Bombeck
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1/6 page horizontal OCBA The Briefs July 2103
Commercial Litigation
Estate & Gifting
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Bankruptcy | Marital Dissolutions Expert Witness Testimony
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theBriefs July 2015 Vol. 83 No. 6
www.orangecountybar.org
LASWhat We Do... continued from page 14
Bob and his six-year-old son rented a home in Orlando. Unbeknownst to Bob, the rental home was in the very late stages of a foreclosure action because his landlord’s failure to pay the mortgage. Bob paid $1,500 for his first month’s rent and security deposit. Several weeks after making this payment Bob took his son to school. When Bob returned home three hours later, the locks to the home had been changed and Bob’s furniture and other personal property were piled at the curb. Apparently, there was an ongoing foreclosure action that had already been completed and a writ of possession had been enforced by the sheriff. When Bob asked his landlord about this problem, his landlord told him “not to worry” since the landlord was resolving this matter with his lender. What are Bob’s legal rights and/or avenues of redress? Prior to December 31, 2014, federal law essentially allowed tenants to remain in the property for at least 90 days after the date of the sale of the property. Unfortunately, this federal law expired on December 31 2014. If this same situation occurred today (as of the date of writing of this article on May 5, 2015), this tenant would have no legal protections under Florida law and this tenant would be subject to immediate removal from the property. However, the Florida Legislature unanimously passed a new law several weeks ago that affords protections to tenants who reside in property that is in foreclosure. As of this writing, we are waiting for Governor Scott’s signature that would provide protections to these types of tenants beginning July 1, 2015. This effort to incorporate protections for tenants involved in foreclosure has been a three-year advocacy effort by our Legal Aid Society, in cooperation with several other legal aid organizations throughout the state. This advocacy effort would not have been successful without the assistance of State Senator Darren Soto (Orlando), who was a sponsor of this new law. As declared by our Supreme Court, “Justice is not truly justice if only the rich can afford counsel and gain access to the courts.” In re Amendments to Rules Regulating the Florida Bar, 630 So. 2d 501 (Fla. 1993). For more information about housing, eviction, or foreclosure, contact mresnick@legalaidocba.org. For information about how to donate contact Development Manager, Donna Haynes at dhaynes@legalaidocba. org. Michael L. Resnick, Esq., is the senior housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1999.
PAGE 27
And the winners are...
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Barrister Law Firm, P.A. Three-month subscription to MyCase, sponsored by MyCase
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Law Office of Jose G. Oliveira, P.A. $100 gift card to Flemings, sponsored by Tom Gillmore of Florida Valuation and Forensics, P.L.
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Major Seminar
What Every Lawyer Should Know About Social Security Disability Cases Social Security Committee Seminar
Florida Online Traffic School
OCBA’s online courses are fast, convenient and inexpensive. Courses are available 24 hours a day, 7 days a week. All instructions are included online. You can start and stop programs, picking up where you left off, as many times as you like. Phone support is available for questions about using any of the online courses. Courses offered: Basic Driver Improvement 4-hour course (Traffic Ticket - TCAC)
•
Noon - 2:15 p.m.
• First-time Driver 4-hour course • Advanced Driver Improvement 12-hour course
OCBA Center CLE: 2.5 (pending)
• Florida Mature Driver Program 6-hour course
July 9, 2015
Speakers: Attorneys Paul J. Morgan, Carmen Love, & Wayne Johnson and Dr. Randy Salmons, PhD
(ADI / Judge-ordered class)
All traffic courses are approved by the Florida Department of Highway Safety & Motor Vehicles and sponsored by the American Safety Council. Register: orangecountybar.org.
Topics include a Review of SSDI, SSI, and Auxiliary Benefits; the Vocational Expert; and How SSDI/SSI Affect Other Cases, including Family Law/Estate Planning, Workers’ Comp, Personal Injury, Veterans, and Criminal Activity; and Q&A. Register at the OCBA Store by July 7. PAGE 28 www.orangecountybar.org
theBriefs July 2015 Vol. 83 No. 6
Rainmaking
The Ten Commandments of Marketing, Part 1
I Michael Hammond, Esq.
theBriefs July 2015 Vol. 83 No. 6
n the next two articles we will discuss the “Ten Commandments of Marketing.” In this article we will review the first five commandments, starting with the subject of our last article, the Blanche Dubois Theory of Marketing. Thou Shalt Not… 1st Commandment: Do not rely on the kindness of strangers. Many attorneys believe that “if I do my job well and do good work, paying clients will beat a path to my door.” Passively waiting for clients to appear seldom produces results. Carefully identifying and actively seeking out your best prospective clients – and the referral sources who can send them to you – will lead to a more successful, satisfying, and profitable practice. The 1st marketing commandment requires a paradigm shift from passively relying on the kindness of strangers to actively developing and implementing a referral marketing program to grow your practice. Thou Shalt… 2nd Commandment: Know your referral sources. In order to implement a sustainable referral marketing system, you should be able to identify and develop over time a network of twenty referral sources – this is your “Top 20.” Your Top 20 are those referral sources who actively and consistently send you your highest quality business – the kinds of matters you specialize in, the kinds of cases you most prefer working on, and the types of clients you most enjoy working with. Most simply put, your Top 20 send you “A” client referrals. Know your referral sources – if you don’t know where your business is coming from, you won’t be able to grow your practice. 3rd Commandment: Focus on relationships. Never let your Top 20 wonder whether or not their referrals came to you. Always express your appreciation as quickly as you can – even if the client did not ultimately engage your services. You want to continually reinforce the referral pattern, so that you remain top-of-mind when they have a client to refer. Always let your referral sources know how much you appreciate their ongoing faith in you. Send them thank you notes. Take them to lunch. Remember their birthdays and the names of their spouses and children. Keep a growing database of this kind of information in your contact management system. Never take them for granted.
4th Commandment: Be true to yourself. When cultivating your referral source relationships, consider your own interests, hobbies, passions, and the causes you believe in. Your marketing contacts should involve something you enjoy doing as much as possible; otherwise, marketing will just become something you dread and a lot less likely to get done as a result. So, if you enjoy cooking, for example, invite a valued referral source and his or her spouse to your home and cook dinner for them. Or, if you’re passionate about a sport and discover that one of your contacts is too, get tickets and invite him or her to go with you to the next game. The key to becoming a successful rainmaker is to find your way of marketing – an approach to it that fits you and that you’re comfortable doing. This approach will not only keep you in action, marketing consistently, it will also ensure that you build and enhance relationships with your marketing contacts in a truly genuine and authentic manner. 5th Commandment: Effective marketing requires effective time management. To keep your practice vital, you need new clients coming through the door on a regular basis. Client development is a critical use of your time, yet who can spare the time? Being effective at referral-based marketing requires effective time management. But, the problem is that the legal technician in you is in charge of your calendar and your work product will always trump your marketing. So, to add structure and some urgency to your marketing efforts, we recommend that you schedule and make an average of three marketing contacts a week. To make that happen, block the time out on your calendar ahead of time, then stick to it – even when the technician in you wants to commandeer the time for production. Seeing the time blocked out on your calendar makes it more difficult for you to “forget” to market yourself. Your calendar becomes a visual reminder for you to think ahead about which three referral-source contacts you’ve blocked out for the week. In the next article, we’ll review the last five of the Ten Commandments of Marketing, so stay tuned. Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.
www.orangecountybar.org
PAGE 29
New Members Attorneys
Eric J. Netcher
Affiliates
George Chandler
Steven J. Parton
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Nicholas E. Childress
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Derek W. Scarlett Keegan R. Shelby Matthew W. Smith
Register for
Law Students
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Luncheons, Events,
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and purchase CDs, DVDs, and Virtual CLE! www.orangecountybar.org/store Login for Member Pricing!
Juan M. MartinezGuerrero
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. Adoption, Surrogacy and Family Law Firm, P.A. Alladi & Patel Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Banker Lopez Gassler P.A. Benitez Law Group, P.L. Beshara, P.A. Billings, Morgan & Boatwright, LLC Bodiford Law Group Bonus McCabe Law Firm Bull and Associates, P.A. Burr & Forman Calandrino Law Firm, P.A. Camy B. Schwam Wilcox, P.A. Carr Law Firm, P.A. Chaires, Brooderson & Guerrero, P.L. Cole, Scott & Kissane, P.A. Colling Gilbert Wright & Carter, LLC Cullen & Hemphill, P.A. DeCiccio & Johnson
Fishback, Dominick, Bennett, Ardaman, Ahlers, Langley & Geller, LLP
Marshall, Dennehey, Wamer,
Swann Hadley Stump Dietrich & Spears, P.A.
Coleman & Goggin
Tangel-Rodriguez & Associates
Fisher Rushmer, P.A. Frank A. Hamner, P.A.
McDonald Toole Wiggins, P.A.
The Aikin Family Law Group
Frank Family Law Practice Giles & Robinson, P.A. Grossman & Grossman P.A. Harris, Harris, Bauerle & Sharma Higley & Szabo, P.A. Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. James H. Monroe, P.A. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Tad Yates, P.A. Law Offices of Walter F. Benenati Lawyer Today.Com
Dellecker Wilson King McKenna Ruffier & Sos, LLP
Legal Aid Society of OCBA
Dewitt Law Firm
Lewis & Crichton
Faddis & Faddis, P.A.
Lynn B. Aust, P.L.
Fassett, Anthony & Taylor, P.A
Marcus & Myers, P.A.
McMichen, Cinami & Demps PLLC
The Arnold Law Group
McMillen Law Firm, P.A.
The Brennan Law Firm
McShane & McShane Law Firm, P.A.
The Dill Law Group
Men’s Divorce Law Firm
The Draves Law Firm, P.A.
Mooney Colvin, P.L.
The Elder Law Center of Kirson & Fuller
Morgan, White-Davis & Martinez, P.A.
The Johnston Law Firm
Murrah, Doyle, Wigle & Torre P.A.
The Law Offices of Terry Bledsoe
N. Diane Holmes, P.A.
The Llabona Law Group
Neduchal & Magee, P.A.
The Marks Law Firm
Nishad Khan, P.L.
The Skambis Law Firm
O’Mara Law Group
The Smith Family Law Firm, P.A.
Ossinsky & Cathcart, P.A.
Walton Lantaff Schroeder & Carson, LLP
Palumbo & Bertrand, P.A.
Warner & Warner, P.L.
Pierce & Associates, P.L.
West, Green & Associates, P.L.
Provencher & Simmons, P.A.
Wicker, Smith, O’Hara, et al.
Ringer Henry Buckley & Seacord, P.A.
Wieland, Hilado & DeLattre, P.A.
Sawyer & Sawyer, P.A.
William G. Osborne, P.A.
SeifertMiller, LLC
Wilson McCoy, P.A.
Snure & Ponall, P.A.
Winderweedle, Haines, et al.
Southern Trial Counsel
Wolf, Hill, McFarlin & Herron, P.A.
Stanton & Gasdick, P.A.
Wooten Kimbrough, P.A.
Stovash, Case & Tingley
Yergey & Yergey, P.A.
Sponsored by:
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theBriefs July 2015 Vol. 83 No. 6
Associate
Judicial Conference Room. Feel free to bring your lunch. Contact: Diane Iacone at ctjadi1@ocnjcc.org.
Vivionne N. Barker, Esq. – The Health Law Firm Ritisha K. Chhaganlal, Esq. – The Health Law Firm Keegan Shelby, Esq. – Zimmerman, Kiser & Sutcliffe, P.A.
Shareholder David W. Henry, Esq. – Marshall Dennehey Warner Coleman & Goggin, P.C. Morey Raiskin, Esq. – Zimmerman, Kiser & Sutcliffe, P.A.
Board Certification Guy S. Haggard, Esq. – GrayRobinson, P.A. - Aviation, The Florida Bar
Recertification James O. Cunningham, Esq. – James O. Cunningham, P.A. – Civil Trial Advocacy, National Board of Trial Advocacy
Speaking Engagements Michael Brady Lynch, Esq., of The Michael Brady Lynch Firm in Winter Park, lectured on the science and epidemiology of bleeding events associated with the anticoagulant drug Xarelto at the HB Litigation Conference in May in Boca Raton, FL. The topic was “Med School for Mass Torts: A Bootcamp for Plaintiff’s Lawyers.” Jill S. Schwartz, Esq., managing partner of Jill S. Schwartz & Associates, P.A., recently spoke at The Florida Bar Labor & Employment Law Section 15th Annual Labor and Employment Law Update and Certification Review. The topic was “Common Law Employment Claims.” David H. Spalter, Esq., partner at Jill S. Schwartz & Associates, P.A., recently spoke at The Florida Bar Labor & Employment Law Section 15th Annual Labor and Employment Law Update and Certification Review. The topic was “Fair Labor Standards Act.”
Events
July 1 – YLS Young Lawyers & Law Clerks Reception. 6:00 p.m.8:00 p.m. Orange County Regional History Center, 65 E. Central Blvd., Orlando, FL 32801. Fee: Free for law clerks; $15 for all others at the door. Aug. 6 – OCBA Annual Trivia Contest. 5:30 p.m. Harry Buffalo, 129 W. Church St., Orlando, FL 32801. Registration before August 4: $75 for team of five players; $15 non-player attendees. After August 4: $100 for team of up to five players, $20 non-player attendees. Benefits the OCBA Foundation. Register by August 4 at http://orangecountybar. org/products/socialevents. See ad in this issue of The Briefs.
Seminars
July 1 – Proposed Amendments to the Federal Rules of Civil Procedure and Middle District of Florida, Orlando Div. Practices & Procedures. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, incl. 1.0 Civil Trial certification credit from The Florida Bar (approved). Speaker: United States Magistrate Judge Thomas B. Smith. July 7 – Defense to Debt Collection. Legal Aid Society Lunchtime Training. 12:00 p.m-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Mike Resnick, Esq. and Jay Mobley, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba. org. July 9 – What Every Lawyer Should Know About Social Security Disability Cases. Major Seminar. See ad on page 27. July 9 – Everyday Civility. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. CLE: 1.5. Orange County Courthouse, 23rd Flr.
July 10 – Asset Forfeiture in Criminal & Civil Cases. Criminal Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: David Margolis, Esq., Regional Legal Advisor (Assistant General Counsel) for the Florida Dept. of Law Enforcement of Orlando. Register at the OCBA Store by July 8. July 21 – DOM for Pro Bono Attorneys, Part 2. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. July 30 – Out of State Discovery Practices and Procedures. Paralegal Section. 11:45 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Elizabeth Tener, Esq. $12 OCBA members; $15 non-members. To register, see OCBA website Paralegal Section website page at: http://orangecountybar.org/paralegal. Aug. 5 – Orange County Clerk of Courts: Self Help Center. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Orange County Clerk of Court Tiffany Moore Russel, Esq. Register at the OCBA Store by August 3. Aug. 7 & 8 – 2015 New Lawyer Training Program. 8:00 a.m.-7:00 p.m. OCBA Center. CLE: 8.0 (pending). Enrollment: $175 student and current OCBA members; $195 non-members. Includes meals. Register at the OCBA Store by July 15. (No refunds after July 15, 2015.) See ad on page 33. Aug. 11 – GAL: Effective Home Visits and Advocacy in Domestic Violence Dependency Cases. LAS Lunchtime Training. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Clarissa Maldonado and Hannah Farber, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. August 13 – Impeachment and Refreshing Recollection. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. CLE: 1.5. Orange County Courthouse, 23rd Flr. Judicial Conference Room. Feel free to bring your lunch. Contact: Diane Iacone at ctjadi1@ocnjcc. org. Aug. 18 – How to Succeed in Probate without Really Trying (Too Hard). Solo & Small Firm Committee. 11:45 a.m.-1:15 p.m. OCBA Center. CLE: 1.5 (pending). Speaker: Hon. Jose Rodriguez, Ninth Circuit Court. Register at the OCBA Store. Aug. 19 – Maximize your iPad for Legal Professionals. Technology Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (approved). Speaker: Terry Jarrell, President of Max Your Macs. Register at the OCBA Store. Aug. 20 – Basics of Practicing in Immigration Court. Immigration & Naturalization. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 2.0 (pending). Speakers: Francisco “Frank” Symphorien, Esq., John Gihon, Esq. Register at the OCBA Store by August 19. Aug. 21 – Temporary Custody, Concurrent Custody (751), Private DEP Petitions, Adoptions. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Register at the OCBA Store. Aug. 25 – Representing Immigrant Victims of DV and Violent Crime. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. CLE: (pending). Speaker: Camila Pachon, Esq. Marks St. Senior Center, 99 E. Marks St., Orlando, FL 32803. Contact: Marilyn Carbo at mcarbo@legalaidocba. org. Aug. 29 – Annual Fall Seminar. Paralegal Section. 12:00 p.m. Embassy Suites, Downtown Orlando. To register, see the OCBA Paralegal Section website page at http://www.orangecountybar.org/paralegal.
An n o unce ments
theBriefs July 2015 Vol. 83 No. 6
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CLASSIFIED ADS EMPLOYMENT Busy criminal and licensure defense firm needs full time assistant. Some experience as paralegal or legal assistant is necessary. Fluency in Spanish is preferred. Please call Jonathan Rose at (407) 894-4555. Insurance defense law firm seeks an aggressive, experienced attorney with 3 – 5 years in insurance defense. Must be willing to travel. Compensation commensurate with experience. Firm offers health insurance, life insurance, retirement plan, paid time off, paid holidays and paid parking. Located in downtown Orlando. Email resume to Dlapointe@ cameronhodges.com. Orlando based insurance defense
firm seeks litigation attorney with 2 to 5 years experience. Insurance defense experience preferred. E-mail resume to Dianna@vasko.net.
OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 8984848. Fully renovated 1650 sq. ft. building on Edgewater Drive. 6 offices, break room and reception area. Call 407-2478756 or david@yergeylaw. com. Downtown Orlando Boutique Office for Rent: 1 furnished office and
To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association Orlando, FL 32801
secretarial bay located on the 2nd floor of an established law practice. Reception area and conference room access, 1 parking space included. Location: 203 E. Livingston Street; within one block of the Courthouse. Please call 407426-9300 or email mcarr@ carrlawpa.com. Office space in Maitland, on Packwood Ave., across from City Hall. Free standing building approximately 1200 sq. ft. with private parking. Reception area, business office, two private offices, conference room, break area, copy room, storage and two rest rooms. Lease $1750.00 month. Robert D Matteson 321-3033123.
OFFICE SPACE SHARED Shared office space for rent. Two offices with
secretarial cubicles. Shared library/conference rooms. Fax and copier included. Kathy 407-843-4310. Winter Park law firm near Park Avenue has 2 window offices and work stations for sublet, with plentiful parking and access to kitchen & conference rooms. Call 407-647-5551.
Professional Services Mediate in Downtown Winter Park. Certified Circuit Court Mediator with 25 years of civil litigation experience in warranty, products liability, personal injury, and premises liability matters. Spacious office with plentiful parking. W. Scott Powell at 407-647-5551.
PhotoOp The YLS raised nearly $3,000 during its First Annual Charity Pub Crawl on April 17 in downtown Orlando. Attendees – decked out in Mardi Gras beads – hit all the high spots: Ember, Underground Public House, Chico’s Tequila Bar, and Sideshow. The money will be used for homeless prevention services. Revelers shown (front row): Katie Carlson, Brittany Drummond, and Adam Hartley, Esq.; (back row): Chris Brown, Esq.; Jeff Fattibene, and Miguel Acosta, Esq.
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theBriefs July 2015 Vol. 83 No. 6
Get Involved!
Help create a ton of fun! We need YOU! The OCBA Social Committee is looking for volunteers to help organize and hold OCBA’s social events. Meetings will be held at NOON in the back room at Citrus Restaurant, 821 North Orange Avenue – just across from the OCBA Center, the following dates: •Tuesday, July 28, 2015 •Tuesday, August 25, 2015 •Tuesday, September 29, 2015 •Tuesday, January 26, 2016 •Tuesday, February 23, 2016 QUESTIONS? Get in touch with:
JUMP START YOUR CAREER! New Lawyer Training Program
The Fundamentals of Practice in Orange County
August 7 & 8, 2015 Take this dynamic, two-day training program & learn how to practice with confidence – and success – in Orange County! • Learn how to navigate the legal system from the experts – judges, court officials, & seasoned attorneys
OCBA New Lawyer Training Program
• Tips on court procedures & processes • The nuts & bolts of starting your own practice
Fee: $175 – student or current OCBA member $195 – non-member Includes breakfasts, lunches, receptions, & OCBA student membership! • 8.0 CLE (pending)
Nikki R. Rodeman, FRP 2015-2016 OCBA Social Committee Chair
For more information and to apply, visit the OCBA website at http://orangecountybar.org/newlawyertraining, or contact Karen Fast, Membership Manager, at karenf@ocbanet.org or 407-422-4551, ext. 225.
Phone: (407) 792-8881 (voice or text)
Sponsored by:
OCBASocial@gmail.com
YOU CAN REFER WITH CONFIDENCE! Recent Reported Decisions
theBriefs July 2015 Vol. 83 No. 6
Dellutri Law Group's Areas of Practice
www.orangecountybar.org
PAGE 33
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Payment due with application. Breakfast, lunch, and reception included. 5.0 CLE (pending) For more information contact: Karen Fast Strategic Marketing and Membership Manager 407-422-4551, ext. 225
PAGE 34 www.orangecountybar.org
theBriefs July 2015 Vol. 83 No. 6
OCBA Annual Trivia Contest Hosted by OCBA member, Nick Seidule, Esq. of Dellecker, Wilson, King, McKenna, Ruffier, & Sos, LLP and “Trivia Nation”
Thursday, August 6, 2015 Harry Buffalo 129 W. Church St. Orlando, FL 32801
5:30 p.m. – Registration 6:00 p.m. – Play begins Registration deadline: August 4, 2015 Registration by August 4
$75 – Team of five players $15 – Non-player attendees Registration after August 4 and at the door:
$100 – Team of up to five players $20 – Non-player attendees
Sponsored by:
Included: Appetizers and a limited beverage tab to include beer, wine, & well drinks.
Proceeds benefit the OCBA Foundation
Raffle tickets will be sold for 50/50 raffle.
24th Annual YLS Golf Tournament
Friday, October 9, 2015
Registration is now open online ! In order to speed
up play while accommodating the great demand for the event, we have secured 27 holes to better spread out all the players. Interested players and sponsors can register now at http:// www.golfeventpro.com/events/ ocbayls where credit card payments are now accepted in addition to payment by check.
Shotgun Start at 8:00 a.m
Entrance Fees:
$620 Foursome $175 Single Player $145 Single Player - Government
Sponsorship Opportunities:
$3,500 Title Sponsor $ 650 Hole Sponsor $ 350 Closest to Pin Sponsor $ 350 Longest Drive Sponsor $ 350 Straightest Hole Sponsor $ 250 Hole (Sign) Sponsor –––––––––––––––––– Raffles & Prizes!!!
Grand Cypress Resort One North Jacaranda Orlando, FL 32836
This is the main fundraiser for YLS with all proceeds from this event supporting YLS’s charitable endeavors. Your generous support helps ensure that the YLS can continue to put on the events that make the OCBA-YLS the best Young Lawyers Section in the country. theBriefs July 2015 Vol. 83 No. 6
www.orangecountybar.org
PAGE 35
OCBA Calendar
OCBA July Luncheon
JULY - AUGUST
July 1 Business Law Committee Seminar
Proposed Amendments to the Federal Rules of Civil Procedure and Middle District of Florida, Orlando Div. Practices & Procedures 12:00 p.m. • OCBA Center
YLS Young Lawyers & Law Clerks Reception 6:00 p.m. • Orange County Regional History Center Professionalism Committee 7 12:00 p.m. • OCBA Center
8 OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee Seminar 9 What Every Lawyer Should Know About Social Security Disability Cases 12:00 p.m. • OCBA Center Brown Bag Lunch with Judge Kest Everyday Civility 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. Luncheon 1 0 YLS 12:00 p.m. • The Citrus Club Criminal Law Committee Seminar Asset Forfeiture in Criminal & Civil Cases 12:00 p.m. • OCBA Center Estate, Guardianship & Trust 13 Committee 12:00 p.m. • OCBA Center
Courthouse, 23rd Flr. Judicial Conf. Rm. OCBA July Luncheon 23 Lee Corso, ESPN College Football
Analyst 12:00 p.m. • Ballroom at Church St.
Social Committee 28 12:00 p.m. • Citrus Restaurant
Paralegal Section Lunchtime Seminar 30 Out of State Discovery Practices and Procedures 12:00 p.m. • OCBA Center
Law Committee 31 Bankruptcy 12:00 p.m. • OCBA Center
August 5 Business Law Committee Seminar Orange County Clerk of Courts: Self Help Center 12:00 p.m. • OCBA Center OCBA Annual Trivia Contest 6 5:30 p.m. • Harry Buffalo
7&8
OCBA New Lawyer Training Program 8:00 a.m. • OCBA Center 10 Estate, Guardianship & Trust Committee 12:00 p.m. • OCBA Center Committee 11 Professionalism 12:00 p.m. • OCBA Center
Intellectual Property Committee 14 12:00 p.m. • OCBA Center
LAS Lunchtime Training GAL: Effective Home Visits and Advocacy in Domestic Violence Dependency Cases 12:00 p.m. • Mark St. Senior Center
Technology Committee 15 12:00 p.m. • OCBA Center Immigration & Naturalization 16 Committee
Intellectual Property Committee 12:00 p.m. • OCBA Center
12:00 p.m. • OCBA Center
Appellate Practice Committee 20 12:00 p.m. • OCBA Center LAS Lunchtime Training 21 DOM for Pro Bono Attorneys, Part 2
12:00 p.m. • Mark St. Senior Center Solo & Small Firm Committee 12:00 p.m. • OCBA Center
22 Judicial Relations Committee 12:15 p.m. • Orange County
Real Property Committee 12:00 p.m. • OCBA Center
LAS Lunchtime Training Defense to Debt Collection 12:00 p.m. • Marks St. Senior Center
Literary Society 12 Lawyers 12:00 p.m. • OCBA Center Veterans Committee 12:00 p.m. • OCBA Center Law Committee 13 Family 12:00 p.m. • OCBA Center
July 23, 2015
Lee Corso, ESPN College Football Analyst 12:00 p.m. – 1:00 p.m. The Ballroom at Church Street RSVP by July 17, 2015 to
http://orangecountybar.org/store
Brown Bag Lunch with Judge Kest Impeachment and Refreshing Recollection 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. Social Security Committee 12:00 p.m. • OCBA Center Luncheon 14 YLS 12:00 p.m. • The Citrus Club Criminal Law Committee 12:00 p.m. • OCBA Center Practice Committee 17 Appellate 12:00 p.m. • OCBA Center
Seminar 18 Solo & Small Firm Committee
How to Succeed in Probate without Really Trying (Too Hard) 11:45 a.m. • OCBA Center
Technology Committee Seminar 19 Maximize your iPad for Legal Professionals 12:00 p.m. • OCBA Center
Elder Law Committee 12:00 p.m. • OCBA Center Immigration & Naturalization 20 Seminar
Basics of Practicing in Immigration Court 12:00 p.m. • OCBA Center
Law Committee Seminar 21 Family Temporary Custody, Concurrent
Custody (751), Private DEP Petition, Adoption 12:00 p.m. • OCBA Center
Real Property Committee 25 12:00 p.m. • OCBA Center Social Committee 12:00 p.m. • Citrus Restaurant LAS Lunchtime Training Representing Immigrant Victims of DV and Violent Crime 12:00 p.m. • Marks St. Senior Center August Luncheon 27 OCBA 12:00 p.m. • Ballroom at Church St.
Bankruptcy Law Committee 28 12:00 p.m. • OCBA Center Paralegal Section Seminar 29 Annual Fall Seminar
12:00 p.m. • Embassy Suites Downtown
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theBriefs July 2015 Vol. 83 No. 6