Issuu

A Publication of the Orange County

Bar Association

#OrlandoUnited

Inside this Issue: President’s Message #OrlandoUnited Wiley S. Boston, Esq.

July 2016 Vol. 84 No. 6

Legal Aid Society Teaching Tips Tips for Assisting Clients Dealing with Debt Jamos “Jay” Mobley, Esq.

Paralegal Post Consider Taking CLE Courses Outside of Family Law Committee Your Practice Area for Professional and Helpful “Comments” for Modification Cases Personal Development Erin F. Duncan, Esq. Anne C. Fisher, FRP

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theBriefs July 2016 Vol. 84 No. 6

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PAGE 1

the Briefs

Contents 3

President’s Message #OrlandoUnited Wiley S. Boston, Esq.

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

Legal Aid Society GAL Teaching Tips GAL’s Advocacy for Appropriate Psychotropic Medication for Dependent Youth Coravious L. Cowart, Esq.

Professionalism Committee The Professionalism Committee 2016-2017 Catherine “Kate” Hollis, Esq. John Y. Benford, Esq.

OCBA Luncheon Ninth Judicial Circuit and County Court Judicial Candidates Forum

17-19

Hearsay Columnist Vanessa A. Braga, Esq.

20-21

Side Bar Columnist Kimberly A. Lopez, Esq.

Law Day 5k Run 2016-2017 OCBA Installation Luncheon Hearsay Vanessa A. Braga, Esq.

Clerk’s Corner Clerk’s Office Implements After-Hours Attorney Line Tiffany Moore Russell, Esq.

Family Law Committee Helpful “Comments” for Modification Cases Erin F. Duncan, Esq.

YLS on the Move Jennifer A. Smith, Esq.

The Florida Bar News Honoring 50 Years of Service

Associate Editor C. Andrew Roy, Esq.

YLS on the Move Jennifer A. Smith, Esq. Paralegal Post Consider Taking CLE Courses Outside of Your Practice Area for Professional and Personal Development Anne C. Fisher, FRP

w OFFICERS Wiley S. Boston, Esq., President Elizabeth F. McCausland, Esq., President-elect Richard S. Dellinger, Esq., Treasurer Mary Ann Etzler, Esq., Secretary w EXECUTIVE COUNCIL Jared A. Brooks, Esq. Philip K. Calandrino, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Jamie Billotte Moses, Esq., Ex Officio Brett R. Renton, Esq., YLS President

New Members

Announcements

Family Law Committee Mythbusters and Tips for the New Family Law Attorney Erin F. Duncan, Esq.

Classifieds

Legal Aid Society Teaching Tips Tips for Assisting Clients in Dealing with Debt Jamos “Jay” Mobley, Esq.

Calendar

w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2016 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

PAGE 2

www.orangecountybar.org

Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 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

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President’sMessage

July 2016 O Wiley S. Boston, Esq.

theBriefs July 2016 Vol. 84 No. 6

#OrlandoUnited

n June 12, 2016, our region was the site of the deadliest mass shooting incident in United States history. Forty-nine lives were taken, and a like number injured, less than two miles from our city center. Forty of the deceased were under thirty-five years of age. The Orange County Bar Association and the Legal Aid Society of the Orange County Bar Association, Inc., have responded. The darkness and despair engendered by this incident are to some degree offset by the wonderful response we have received from our members, from affiliate bar associations, from lawyers and law firms all over Florida, and from around the country and the world. Anticipating that there would be a need for legal services, we realized on the day of the shootings that the OCBA, in partnership with the Legal Aid Society, was uniquely positioned to be able to staff a telephone hotline for victims and their families seeking pro bono referrals for legal services. OCBA has the telephone infrastructure and the staff, the ability to partner with Legal Aid in making referrals, and many attorneys that are willing to help. On the day after the shootings, Legal Aid executive director Mary Anne De Petrillo, Esq., and I addressed the Estate, Guardianship & Trust Committee of the OCBA to request volunteers to provide pro bono legal services for victims of the shootings and their families. Before the meeting was over, nearly 100 percent of the attorneys present had volunteered to take victim cases. We have been deeply moved by this selfless willingness of OCBA members to assist. Emboldened by the rate of participation, later that same day we circulated an emailed request for volunteers and signup form to the OCBA membership and among affiliate bar organizations. Within a few days after the attack, we had assembled a panel of approximately 300 attorneys that had volunteered to provide pro bono legal services. In addition, we received volunteers and detailed offers to assist and coordinate from the New York State Bar; the national LGBT Bar organization; Bill Schifino,

Esq., president of The Florida Bar; The Florida Bar Foundation; the Real Property, Probate and Trust Law Section of The Florida Bar; Hillsborough County Bar and other Florida county bars; Central Florida Gay and Lesbian Law Association; Hispanic Bar Association of Central Florida; Central Florida Association for Women Lawyers; Federal Bar Association; Paul C. Perkins Bar Association; Greater Orlando Asian American Bar Association; the OCBA Young Lawyers Section and OCBA Foundation; law firms and in-house

counsel, offering both attorneys and financial support for victims; statewide legal aid organizations; and others too numerous to name. Offers continue to come in. Our Paralegal Section and FAMU law students offered to help in any way possible. We also received a touching letter of support and encouragement from the vice president and president of the Paris Bar, shown above.

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PAGE 3

ProfessionalismCommittee

T Catherine “Kate” Hollis, Esq.

John Y. Benford, Esq.

The Professionalism Committee 2016-2017

he Professionalism Committee wrapped up the 2015-2016 year under the leadership of Kimberly Hosley, Esq. In March, the Professionalism Committee, together with the Diversity Committee, presented a major seminar entitled “Rethinking Professionalism in a Diverse World.” Speakers included: Ramón Abadin, Esq., president of The Florida Bar; Hon. Tanya Wilson; Jamie Billotte Moses, Esq.; Robin Bresky, Esq.; Carlos Burruezo, Esq.; Michael Cohen, Esq.; Ava Doppelt, Esq.; Jennifer Englert, Esq.; Suzanne Gilbert, Esq.; Anthony Hall, Esq.; Douglas Kelly, Esq.; Katrina Lindsey, Esq.; Mary Meeks, Esq.; Nichole Mooney, Esq.; Lansing Scriven, Esq.; Larry Smith, Esq.; and Jean Wilson, Esq. A copy of the seminar, with 10.0 general CLE credits, including 3.5 bias elimination and .5 ethics, will be available in the OCBA Store soon. The chair of the Professionalism Committee for the 2016-2017 year is Kate Hollis, Esq. Kate practices business and technology law at Whitehouse & Cooper. John Benford, Esq., who practices commercial and business litigation at Benford Law Firm, is the committee’s vice chair. The committee’s first minor seminar will take place on November 1, 2016. The Professionalism and Criminal Law committees, along with the Central Florida Chapter of American Board of Trial Advocates (ABOTA), will present “Civility Matters,” a program created in an effort to promote the first specific purpose in ABOTA’s

constitution: To elevate the standards of integrity, honor, and courtesy in the legal profession. Later this year, the committee will begin accepting nominations for the 2017 OCBA Professionalism Awards. These are the most prestigious awards presented by the OCBA each year. The committee recognizes individuals whose conduct and career stand as a model of success built on unquestioned professionalism, service, civility, integrity, and respect for the legal system. The nomination forms will be available on the OCBA website and at the OCBA office beginning in October. Winners are selected in January, and the awards presentation ceremony will be held in March. Congratulations once again to the 2016 Professionalism Award recipients: The Honorable David A. Baker, recipient of the James G. Glazebrook Memorial Bar Service Award; Emery H. Rosenbluth Jr., Esq., recipient of the William Trickel, Jr. Professionalism Award; and Kristopher J. Kest, Esq., recipient of the Lawrence G. Mathews, Jr. Young Lawyers Professionalism Award. Catherine “Kate” T. Hollis, Esq., an attorney with Whitehouse & Cooper, PLLC, practices business and technology law. She has been a member of the OCBA since 2011. John Y. Benford, Esq., an attorney with Benford Law Firm, P.A., practices commercial and business litigation. He has been a member of the OCBA since 1995.

PAGE 4 www.orangecountybar.org

theBriefs July 2016 Vol. 84 No. 6

OCBA LuncheonThursday, July 28, 2016 Ninth Judicial Circuit and County Court Judicial Candidates Forum Candidates for judge in Orange County have been invited to attend a special luncheon hosted by the Orange County Bar Association and Tiger Bay Club of Central Florida. The candidates will have an opportunity to address the audience and discuss their qualifications. Please join us in welcoming these fine candidates!

Circuit Court Candidates

Orley B. Burey, Esq.

Luis F. Calderón, Esq.

Joseph Haynes Davis, Esq.

Lorraine Elizabeth De Young, Esq.

Hon. Daniel E. Traver

Mark Anthony Arias, Esq.

Harold M. Bacchus, Esq.

Eric DuBois, Esq.

Frank George, Esq.

Michael Gibson, Esq.

Evellen H. Jewett, Esq.

David Johnson, Esq.

Kafi D. Kennedy Swanson, Esq.

Roger Scott, Jr., Esq.

Thomas W. Young, Esq.

County Court Candidates

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

Co-hosted by:

Sponsored by:

225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Tiger Bay Club of Central Florida Sponsored by Data Analyzers and First Green Bank Please RSVP by Monday, July 25, 2016 RSVPs will not be accepted after July 25, 2016 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

July 25, 2016

To cancel, contact Marie West at mariew@ocbanet.org.

See cancellation policy on page 7.

theBriefs July 2016 Vol. 84 No. 6

www.orangecountybar.org

PAGE 5

The Florida BarNews

Honoring 50 Years of Service

he Florida Bar honored 24 practitioners in the Ninth Judicial Circuit for 50 years of dedication to the practice of law. They were among 226 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 on June 17, 2016, at The Florida Bar’s Annual Convention at the Hilton Orlando Bonnet Creek. Eleven 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. Benjamin H. Hill III, Esq., a former president of The Florida Bar and one of the 50-year honorees, was the featured speaker. Ninth Judicial Circuit Honorees Thomas R. Allen, Esq. Orlando Andrew Baron, Esq. Orlando William Ernst Doster, Esq. Orlando Patrick W. Doyle, Esq. Winter Park Robert Arnold Freyer, Esq. Orlando Lawrence Gentile III, Esq. Orlando William Carter Gridley, Esq. Winter Park W. Marvin Hardy III, Esq. Orlando Gordon H. Harris, Esq. Orlando Sydney Lawrence Jackowitz, Esq. Maitland George C. Kelley III, Esq. Apopka Kenneth R. Marchman, Esq. Winter Park

James Wayland Markel, Esq. Winter Park Franklin Douglas McKnight, Esq. Orlando Riley Stephen Miles, Jr., Esq. Kissimmee John Gerald Pierce, Esq. Orlando Frank J. Pyle, Jr., Esq. Orlando Richard Spencer Rhodes, Esq. Orlando Emery H. Rosenbluth Jr., Esq. Orlando Michael Sigman, Esq. Orlando Wilfred K. Smith, Jr., Esq. Orlando Philip Tatich, Esq. Winter Park Frank M. Townsend, Jr., Esq. Kissimmee William Adams Walker II, Esq. Winter Park

PAGE 6 www.orangecountybar.org

ttheBriefs July 2016 Vol. 84 No. 6

Clerk’sCorner

Clerk’s Office Implements Emergency After-Hours Attorney Line

s attorneys, we all can relate to that last-minute pleading that absolutely, positively has to be filed – no matter what. A deadline is a deadline, and you try everything to get the document to the Clerk’s Office. Since transitioning to electronic filing a few years ago, the expectation might be that those days were behind us. Unfortunately, there are still occasions when filing through the Florida Courts E-Filing Portal (E-Portal) isn’t possible or sufficient. For those rare instances when either the E-Portal is unavailable or a filing requires same-day handling, my office has implemented an after-hours emergency attorney line. An “emergency” is defined as a pleading that requires immediate attention by the clerk when the portal is unavailable and the Clerk’s Office is closed. The first step in this process is still to file pleadings through the E-Portal. If the E-Portal is unavailable, a notification will be indicated on the site.

Tiffany Moore Russell, Esq. Orange County Clerk of Courts

FYI: Thank you for helping the OCBA continue to provide this valuable member benefit!

Once the emergency pleading has been filed through the E-Portal, attorneys can call 407836-1188 to speak with an on-call staff member. That staff member will review the pleading to determine whether it is an emergency or whether it can be handled the next business day. If the situation requires judicial action, attorneys will be directed to call the Orange County Sheriff’s Office to speak with the duty judge. I am excited to offer this resource to attorneys who practice in Orange County. I do want to stress, however, that this is an emergency-only phone line intended to assist attorneys who require immediate assistance. As we do with all of our initiatives, we will track the volume and types of calls we receive to see whether modifications may be needed. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

OCBA Luncheon Cancellation Policy The OCBA is happy to provide luncheons throughout the year as a valuable member benefit, but no-shows incur significant charges for the OCBA. If you have RSVP’d and find you cannot attend, please cancel your reservation by the published cancellation deadline. If you do not cancel, we will follow the policy below. First no-show: We will record your reservation as a no-show. Subsequent no-shows: You will be invoiced $35 per missed luncheon. To Cancel: Send cancellation to Marie West at mariew@ocbanet.org. Include the name of the person whose RSVP is being cancelled. Include the date of the luncheon being cancelled. Cancellations by phone will not be accepted.

theBriefs July 2016 Vol. 84 No. 6

www.orangecountybar.org

PAGE 7

The Young Lawyers Section of the Orange County Bar Association Presents the Thursday, July 21, 2016 6:00 p.m. – 8:00 p.m. Orange County Regional History Center 65 East Central Boulevard Orlando, FL 32801 Free for Law Clerks $10.00 for Attorneys, Judges, Law Students & all others Price will increase to $15.00 after July 13, 2016 *Admission will include appetizers and drinks

his is one of our biggest events of the year and is an excellent recruiting tool to keep top talent in the Orlando area and active in our bar association. The event is also a great opportunity for young lawyers and law clerks to network with area judges and attorneys in a relaxed, fun setting. Law clerks, please RSVP directly to Joey Chindamo, Esq., at jchindamo@gmail.com. All others, please RSVP through the YLS section of the OCBA Store. RSVP deadline: July 13, 2016

President’sMessage continued from page 3

OCBA’s victim assistance telephone number went live on Tuesday, June 14, two days after the shootings. OCBA and Legal Aid staff also worked on assisting victims by maintaining a presence at the Family Assistance Center set up by the FBI shortly after the disaster. Although these new and unplanned responsibilities require work on nights and weekends, in an emotionally charged environment, the OCBA and Legal Aid staffs did not hesitate. On the contrary, they have perceived a special purpose and urgency for this mission and never complained about the demands made upon them. Please know that they have made real sacrifices in order to help the families of the victims on our behalves. As I pen this eight days after the shootings, approximately 120 referrals have been made. The work has just begun. Everyone has come together for a single purpose to see that it is done. Our thoughts and prayers go to the victims and their families, and we extend our thanks to the first responders and to all of those who have since stepped in to light up the darkness. Wiley S. Boston, Esq., is a partner with Holland & Knight LLP. He is Board Certified in Real Estate Law in Florida and practices in the area of commercial real estate law, with emphasis on leasing of office, industrial, and retail properties, representation of developers of commercial projects, and real estate finance. He has been a member of the OCBA since 1996.

PAGE 8

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theBriefs July 2016 Vol. 84 No. 6

Family LawCommittee

Helpful “Comments” for Modification Cases

I Erin F. Duncan, Esq.

t’s one thing to sit with a potential client and review the issues involved in an initial division of a family’s affairs. It is quite another when the matter is post final judgment – when things haven’t worked out as anticipated at the time of the original settlement or trial. The potential client before you may be your former client, but more likely he is another attorney’s former client and he isn’t in your office to tell you how great a deal he made at mediation or what a good job the judge did in determining the distribution of the family finances and/or children’s time-sharing. What percentage of Florida family law matters are re-opened for modification proceedings? There were 60,830 dissolution and other domestic relations cases (including paternity) filed between January and June 2014. During that same period, 28,370 modifications of the same types of cases were filed.1 That suggests that in nearly half of our domestic relations cases, we are taking at least a second, if not a third or fourth, look at the true manifestation of yesterday’s legal and judicial efforts to determine the best outcome for our clients (and especially the children2) in the hopes of somehow improving upon them. Since this staggering statistic suggests that we don’t get it right the first time in the eyes of at least one of the litigants, there has to be some serious contemplation by the second legal team (hereinafter referred to as “Team 2”) to determine whether or not the perceived dissatisfaction has a legal basis. Post-judgment litigation can begin as soon as the days following entry of the final judgment, or it may take years to surface. The family law practitioner must be well-versed in post-judgment procedure from rehearing matters to appeals, and substantively versed in the various legal standards that each phase requires. One need not be an economist to understand the phrase “throwing good money after bad” or a student of Roman lore to know the cliché “adding insult to injury,”3 and yet these cases continue to be presented to the court, often without merit. The two may not be related, but hearing time is becoming scarcer while discussion in professional association meetings about the merits of these cases is becoming more prolific. Add an influx of new attorneys with attorneys dabbling in the area of family law and the modification problem exponentially multiplies. (See Erin F. Duncan, Esq.’s article, “Mythbusters and Tips for the New Family Law Attorney” on page 11 of this issue. –Ed.) 2015 saw

theBriefs July 2016 Vol. 84 No. 6

numerous CLE seminars from the Orange County Bar Association and brown bag lunches conducted in both Orange and Seminole counties, hosted by judges and advanced practitioners, all including reminders and practice tips on motions to dismiss, motions for summary judgment, and even motions for sanctions pursuant to Florida Statutes §57.105. I took away from these meetings a directive to expeditiously deal with modification cases that can’t hurdle the requisite legal threshold in order to preserve judicial resources. Thankfully, family law attorneys have the Bounds of Advocacy: Goals for Family Lawyers in Florida and the corresponding “Comments.” Every attorney practicing family law should review this enlightening publication and share it with colleagues to educate and refresh memories. It recognizes that the average family law matter goes far beyond the expected issues of the irretrievably broken marriage or the legal determination of paternity, and as a result, we are duty-bound to be versed in all manner of related subjects.4 The Bounds of Advocacy recognizes that family law includes elements of tax, bankruptcy, criminal, elder law, and estate planning to name a few. Failure to attain or acquire the vast array of skills (or professional referral network) that family law attorneys must have to effectively practice puts the attorney dabbling in family law, and the client, at a disadvantage for round two of his family law case. According to the Bounds of Advocacy, a guide that the Family Law Section of The Florida Bar created, where the proposed modification truly meets the heightened legal standard, counseling and advocacy must in turn be intensified. The prospective client should not be encouraged to “make up for” what he didn’t get the first time, and the attorney has the continued obligation to keep the client focused on objectives rather than retaliatory behavior.5 A client who believes he got a bad deal the first time will be more apt to insist on trial or at least to have a day in court to show the judge how [my ex-wife] failed to do any of the things that were agreed upon (or ordered) and [therefore] should be punished! We again must rely on that vast array of skills, or established professional network, to provide counseling, social work, dispute resolution, etc., for our client and maintain the ever-present understanding that in family law cases, “cooperative resolution of disputes is highly desirable.”6 When the client reaches an emotional

www.orangecountybar.org

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PAGE 9

Family LawCommittee Helpful Comments.... continued from page 9

pinnacle (usually fueled by anger, regret, disappointment, or any combination thereof ), as extreme as it may sound, the Comments to Goal 3.5 suggest we may need to consider this client impaired to the extent that he cannot assist in his own case-planning or decision-making.7 In these instances, the personal and professional return on investment for Team 2 is uncertain, at best. So there had better be strong legal facts to make pursuit of modification a worthwhile undertaking for the client. A Comment to Goal 3.2 states that it is “important for the family lawyer to accurately and thoroughly advise the client and, if necessary, to provide the client with a negative assessment of the case.”8 The practical reality of modification cases is that they often take more time and resources than the original case and can ultimately cost more than the original

proceeding. Additionally, when the modification case involves the resetting of client expectations that were improperly established during the original proceeding, or repairing of the legally mishandled original case, it can put the Team 2 attorneys in a defensive position. Team 2 has the arduous task of providing sound counsel without undermining previous counsel, the judge, or the system, while possibly also having to point out to the client his culpability in participating, or failing to participate, in his original case.9 If it appears that requiring more input and sign-off from clients in original actions would provide some relief, a comment to Goal 3.4 reminds us that we cannot abdicate responsibility for representation to the client, but rather we must share in the decision-making process, each having respective relative input.10 We still have tough decisions to make, and while we would all like to get it right the first time, it is not always possible. When calendared for a consultation with a potential client already

Invite your colleagues to join the OCBA today!

in possession of a final judgment, remind yourself that these cases, unlike fine wine, do not get better with age. Erin F. Duncan, Esq., practices family law at C. Todd Smith Law in Baldwin Park, Florida. She has been a member of the OCBA since 2006. Florida Courts Home Page, Trial Court Statistics Summary Reporting System (SRS), http://trialstats. flcourts.org/TrialCourtStats.aspx (last visited December 1, 2015). 2 Family Law Section of the Florida Bar, Bounds of Advocacy, Goals for Family Lawyers in Florida Goal 7.1 (May 2004). 3 Originated from the Aesop’s Fable “The Bald Man and the Fly.” 4 Family Law Section of the Florida Bar, Bounds of Advocacy, Goals for Family Lawyers in Florida Goal 2.1 (May 2004). 5 Family Law Section of the Florida Bar, Bounds of Advocacy, Goals for Family Lawyers in Florida Goal 3.2 (May 2004). 6 Id. at Goal 2.5. 7 Id. at Goal 3.5. 8 Id. at Goal 3.2. 9 Id. at Comment to Goal 3.2. 10 Id. at Comment to Goal 3.4. 1

Maria E. Espinosa, Esq. Mediation ServiceS

Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities! For more information, please contact the membership department at 407-422-4551, ext. 225.

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

Bilingual English/Spanish

July 12, 2016

Trauma-informed Care: From Case Plans to Placement Options

July 26, 2016

Dependency Motion Practice 1: Common Dependency Motions and How to Prevail in Court

August 9, 2016

Guardianship and Permanent Options for Dependent Youth at 18

August 23, 2016

Debt Collection Issues: Prevention and Defense

September 13, 2016

Therapeutic Engagement with your GAL Child

September 27, 2016

Sealing and Expungement of Records

October 4, 2016

Dependency Drug Court

October 18, 2016

Immigration Relief Available for Victims of Crime

November 1, 2016

Least Restrictive Means: Leveled Placements and Medications

November 15, 2016

Ethics Questions from Pro Bono Cases and Attorneys

December 6, 2016

Dependency Motion Practice 2: Common Dependency Motions and How to Prevail in Court

December 13, 2016

Domestic Violence and its Impact on Dependency Court

12:00 p.m. – 1:30 p.m. Marks St. Senior Center 99 E. Marks St. Orlando, FL 32803 PAGE 10

www.orangecountybar.org

407-733-3662 espiesq@aol.com

Legal Aid Society of the Orange County Bar Association, Inc. 2016 Free Lunchtime Learnings / CLE Applied for All Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

theBriefs July 2016 Vol. 84 No. 6

Family LawCommittee

Mythbusters and Tips for the New Family Law Attorney

T Erin F. Duncan, Esq.

theBriefs July 2016 Vol. 84 No. 6

he Florida Courts Family Law Forms1 and the Florida Rules of Family Procedure provide a strong foundation for the new attorney practicing family law as well as the experienced attorney taking on a family law case. In addition to questions unique to their situation, clients bring to consultations lots of preconceived ideas of the law, often stemming from the Internet and family or friends who have experience with a similar family law matter. Like other areas of law, there are some issues that don’t come up very often and some that no one in the legal community seems to agree on. Here are some examples: 1. Children do not get to choose which parent they live with or whether or not they exercise time-sharing. Clients often believe that there is a certain age when children get to decide their primary residence and the parent with whom they will spend the majority of their time-sharing. That is just not the case. Each minor child subject to a dissolution of marriage case (or a paternity case if the parents are not married) will have a court-approved Parenting Plan and Time-Sharing Schedule. Said plan is determined using the “best interests” factors set forth in sections 61.13(3)(a)-(t) of the Florida Statutes. Factor (i), which states that the reasonable preference of a child will be considered in certain circumstances, is just one of twenty factors that are considered in establishing a plan. Thus, while factor (i) may weigh more heavily than other factors in a particular family’s Parenting Plan, it is neither superior to nor does it eliminate the need to consider the other nineteen factors. The follow-up question that a parent usually asks when educated on this point is, “What am I required to do if my son/daughter refuses to spend time with [the other parent]? He/she doesn’t want to have anything to do with [the other parent].” Be sure to point that parent to factor (a), which contemplates the likelihood of a parent encouraging and fostering a relationship with the other parent. By taking on the role of the majority timeshare parent, that parent also takes on great responsibility, including making the Time-Sharing Schedule happen. 2. Children do not customarily speak to judges. When working with clients to assist in developing their proposed Parenting Plan, a common suggestion by the parent is that the child speak directly to the judge, or an insistence that the child has asked to speak to the judge. Speaking to children is a

judge-specific preference, and there are rules that must be considered before giving a client advice on this issue. As in most litigation, you need to know your judge. Consult your judge’s rules, then the local rules, and the Family Law Rules of Procedure. Inquire of the child’s counselor (if one is available and both parents have given consent) about the impact such an experience would have on the child and explain that to the client. Also consider that the Family Law Section of The Florida Bar considers it improper for an attorney to meet with children absent a court order or unless the child’s attorney or Guardian ad Litem is present.2 If you and the client determine that it is in the best interest of the child for the child to be heard, consider the appointment of a Guardian ad Litem. 3. The “Relocation Statute” applies to every parent.3 The Relocation Statute defines “relocation” and “parent” as follows: “Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.4 “Parent” means any person so named by court order or express written agreement who is subject to court enforcement or a person reflected as a parent on a birth certificate and who is entitled to access to or time-sharing with the child.5 Often times the non-custodial parent, or the parent with minimal time-sharing, will think it is okay to relocate with no notice, or without seeking either (1) agreement of the other parent, or (2) consent of the court. The moving parent needs to be advised that any move in excess of 50 miles from his/her current residence is likely to affect the current Parenting Plan and therefore needs to be addressed. Simple changes like where the new pickup and drop-off will be, or the location of the new primary airport, each may have a significant impact on the other parent. So any possible change needs to be considered under the construct of the Relocation Statute.

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PhotoOps On April 28, Small Business Counsel law firm hosted four special guests ranging in age from 5 to 8 for the “Take Our Daughters and Sons to Work Day 2016.” Over the years, the firm has developed a number of fun yet educational activities for children, encouraging them to ask questions and share their experiences. This year, the kids learned about the legal field while at the firm. In addition, the Winter Park Police Department and Dubsdread Golf Course hosted the children so they could learn more about law enforcement and running a golf course, respectively. The day ended with a candy making party at Peterbrooke Chocolatier of Winter Park.

Steve Brewer shows the kids how things run at Dubsdread Golf Course.

Julian and Jaiden Johnston, Allyson Benson, and Lilly Kolb with Deputy Chief Vernon Taylor of the Winter Park Police Department

How do all these goodies go together? Making candy at Peterbrooke Chocolatier is work!

Taking a super selfie with paralegal Amy Guy Calandrino are Lilly Kolb (Lake Sybelia Elementary School, Maitland); Allyson Benson (Park Maitland School, Maitand); Julian Johnston and Jaiden Johnston (Red Bug Elementary School, Casselberry).

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theBriefs July 2016 Vol. 84 No. 6

Legal Aid Society Teaching Tips

I Jamos “Jay” Mobley, Esq.

Tips for Assisting Clients in Dealing with Debt

am sure you have heard the saying that nothing in life is certain except death and taxes. For the thousands of working poor and low-income families here in Orange County, there is another certainty – debt. These working, poor families struggle to make ends meet, living paycheck to paycheck, with little to no savings. It is like living on a knife’s edge. One little slip and they are faced with debt collection actions, garnishments, and all too often, unscrupulous debt collectors. Add to this the fact that most of these folks do not know their rights. That is where Legal Aid Society staff and our pro bono attorneys make a huge difference. The Legal Aid Society forces debt collectors to play by the rules. Let me be clear: this is not about helping clients avoid paying a legally owed debt. This is about making the creditors respect debtors’ rights. Consumer debt comes in many forms, such as medical, credit, student, automobile, mortgage (if they are fortunate enough to own a home)… and the list goes on and on. The first thing you should remember in order to help a client facing debt issues is this: ignoring the problem will make it much worse. In fact, the vast majority of debt collection actions or garnishments are won by default. Debtors fail to appear because they believe they have no rights. That is simply not true! The client has the right to make a creditor prove its claim in court. The following is a list of things to consider when you are assisting a client with a debt collection action: 1. Be sure to scrutinize the ownership of the debt. Does the creditor have proper title/ownership to the debt, giving them the right to bring the action? If it is a third-party collections company, they should have a bill of sale, or an assignment from the original creditor. If they cannot prove ownership, they have no standing to enforce the debt. 2. Be sure to check the statute of limitations on any collection suit. Many collections companies simply sue on every account, betting the client will default. The statute of limitations can vary depending on what law applies to the contract and whether it is written or verbal. For example, credit card agreements often explicitly state which state law will apply to the contract. Statutes of limitation vary by state, so it pays to check. 3. Be sure to scrutinize the evidence pre-

theBriefs July 2016 Vol. 84 No. 6

sented by the creditor to make sure that proper foundation was provided and that it is properly admitted according to the rules of evidence. Many times, collection agencies cannot meet a challenge to the admissibility of evidence because they simply do not have proper evidence. 4. Become familiar with 15 U.S. Code § 1692. This section is known as the Fair Debt Collection Practices Act (FDCPA). This federal consumer protection law allows a debtor to sue the creditor for violations and obtain up to a $1,000 statutory fine for violations by creditors/collectors. If the debtor’s claim is successful, the act allows for recovery of attorney’s fees and costs of bringing the action. So don’t be afraid to counterclaim if there are violations of the FDCPA. There are quite often violations, especially with third-party debt collectors. 5. If none of the above seem to be working in your client’s favor, consider mediation. A creditor may be willing to negotiate once he sees that the client has an attorney who will enforce her rights. Depending on your client’s situation, working out a reasonable payment plan or lump sum settlement may make financial sense for the client. Remember, you can also negotiate a payment plan post judgment as well. Having a negotiated payment plan and the client making on-time payments will prevent the creditor from garnishment action. Preventing a garnishment of wages or bank accounts can be a life saver for low-income clients. For more information about how to become a pro bono volunteer attorney, please contact Jay Mobley, Esq., at jmobley@legalaidocba.org or 407-8418310. For more information about how to become a Legal Aid financial donor or participate with the Ninth Annual Breakfast of Champions, contact Donna Haynes, Director of Development, at dhaynes@legalaidocba.org or 407-515-1850. Jamos “Jay” Mobley, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2016.

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Legal Aid SocietyGAL Teaching Tips

W Coravious L. Cowart, Esq.

GAL’s Advocacy for Appropriate Psychotropic Medication for Dependent Youth

hen the second a child enters the dependency system, the triage team rushes in to address the myriad needs that have often been ignored, including the potential need for psychotropic medications. Sadly, dependent children are 4 to 8 times more likely to be prescribed medication than their non-dependent peers and are often prescribed medication by individuals who lack an understanding of the unique background that may result in the child’s atypical behaviors. Because of the increasing number of children in foster care who are prescribed psychotropic medications, legislative safeguards ensure that medications which negatively affect the child’s mind, emotions, and behavior are not overprescribed. When the parent of a dependent child maintains his or her parental rights, the primary method of prescribing psychotropic medication is to seek “express and informed consent” from at least one parent. When parental rights have been terminated, parents’ whereabouts are unknown, or the parents decline to provide consent, a court order is required for a child in foster care to begin taking psychotropic medications. Typically, the process begins when the child undergoes a Comprehensive Behavioral Health Assessment (CBHA), which is required for all children in out-of-home care. The CBHA is a medical examination tool used to provide appropriate diagnoses and recommendations for children. The need for medication can also be identified through psychiatric or psychological evaluations. Once the child is identified as a potential candidate for psychotropic medication, the child is seen by a psychiatrist, who determines whether medication would best address the child’s needs. Since a court order is required to initiate the medication, the prescribing physician must complete a medical report that details the following: • Medication information reviewed; • Explanation of the nature and purpose of the medication; • Appropriateness of the medication to treat the medical condition for which it is prescribed; and • Medication side effects, risks, and contraindications. Once the report is completed, the Department of Children and Families (DCF) must notify the parties of the proposed medication, including the report. The parties then have an opportunity to

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review the information and, if needed, object to implementation of the recommendations prior to the motion being filed. As the child’s volunteer attorney Guardian ad Litem (GAL), your first step should be to visit with the child to determine his or her feelings regarding the medication. The GAL should also review all of the documentation associated with the psychotropic medication to determine whether the proposed medication is in the child’s best interest. If the child does not want to take the medication, under Florida Statute §39.01305, a separate attorney shall be appointed for the child. This attorney will represent the child’s direct, expressed interests. As the GAL, you can inform the child’s dependency case manager or the DCF attorney that the child needs to have an attorney appointed. If, as the GAL, you require more information about the potential impact of the proposed medication on your dependent child before rendering a best-interest opinion, the University of Florida’s MedConsult Line is a wonderful resource on which to rely. The MedConsult Line allows child advocates to cross-check medication recommendations by speaking directly with a physician who, once informed of the child’s proposed medication and dosage, can agree with the medication and treatment plan, concur with the plan – with modifications – or disagree with the plan altogether and recommend a second opinion for a “similarly situated child.” If the MedConsult physician disagrees with the proposed medication, the GAL can request that the case manager seek a second opinion or that the prescribing physician modify the medication and/or dosage. To reach the MedConsult Line, call 1-866-453-2266 or visit https://psychiatry.ufl.edu/dcf. DCF will then file a motion with the court for approval of the medication. All parties, including the GAL, have two days to object to the motion. If an objection is raised, a hearing must be held where each party, including the GAL, can examine and cross-examine witnesses. The court can approve the medication, disapprove of the medication, or order that the child receive a second opinion. If the medication is approved, the GAL should maintain contact with the child to monitor his or her behavior, including any medication-related side effects. Hopefully, once the child stabilizes, the prescribing doctor can begin to decrease and eliminate the medication when the child is ready. continued page 31

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To benefit the

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

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Go to Donation Tab, By Donation Note: 2016 Breakfast of Champions FOR MORE INFORMATION CONTACT:

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PAGE 15

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theBriefs July 2016 Vol. 84 No. 6

Law Day 5k Run May 14, 2016 Lake Baldwin Park Legal Aid Society of the OCBA, Inc. Orange County Bar Association, Inc. OCBA Foundation, Inc.

Gold Sponsor D4 Silver Sponsors Brion Price Photography Cole, Scott & Kissane, P.A. Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP Fit2Run LAN Masters Orlando Orthopaedic Center Panera Bread The Elder Law Center of Kirson & Fuller The Fresh Market Bronze Sponsors Embrace Home Loans Nick Buoniconti Mediation Services, Inc. PowerCrunch Shannin Law Firm, P.A. Small Business Counsel US Legal Support Supporting Sponsors All Florida Investigations & Forensic Services, Inc. CrossFit Orlando Jordan Law, P.A. Malik Law Firm, P.A. Ringer, Henry Buckley & Seacord, P.A. ABA Retirement Funds Program / Voya Financial – Mile Marker Accurate Serve Orlando – Mile Marker Fisher Rushmer, P.A. – Mile Marker Redcon Solutions Group – Water Table

theBriefs July 2016 Vol. 84 No. 6

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Jamie Billotte Moses, Esq., Outgoing OCBA President; 2016-2017 Officers: Mary Ann Etzler, Esq., Secretary; Richard S. Dellinger, Esq., Treasurer; Elizabeth F. McCausland, Esq., President-elect; Wiley S. Boston, Esq., President

Installation of Paralegal Section 2016-2017 Officers and Board

A. Felipe Guerrero, Esq., President’s Award for Service on the Executive Council 2014-2016

Installation of OCBA Foundation, Inc., 2016-2017 Officers and Board

Richard S. Dellinger, Esq., 2015-2016 Legal Aid Society President

Installation of OCBA 2016-2017 Officers and Executive Council

Kimberly E. Hosley, Esq., President’s Award for Outstanding Service, Professionalism Committee. Not shown: Carrie Ann Wozniak, Esq., President’s Award for Outstanding Service, The Briefs, Editor, 2013-2016; Camara A. Williams, Esq., President’s Award for Outstanding Service, OCBA Foundation.

Installation of Young Lawyers Section 2016-2017 Officers and Board PAGE 20

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theBriefs July 2016 Vol. 84 No. 6

2016-2017 OCBA Installation Luncheon May 26, 2016

The Ballroom at Church Street Sponsored by Data Analyzers Wiley S. Boston, Esq. 2016-2017 OCBA President David E. Cannella, Esq., presenting Richard S. Dellinger, Esq. with an award in recognition for his service as President of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association, Inc., 2015-2016.

Wiley S. Boston, Esq., Jamie Billotte Moses, Esq., Chief Judge Frederick J. Lauten, Ninth Judicial Circuit

Euribiades Cerrud, II, Esq., and Vincent Falcone III, Esq., Outstanding Service, Business Law Committee Co-chairs

Amber N. Davis, Esq., Outstanding Service on the Executive Council

Nikki R. Rodeman, President’s Award for Outstanding Service, Law Day 5k

Cynthia G. Schmidt, Esq., 2015-2016 OCBA Foundation President

Wiley S. Boston, Esq., OCBA President, with his wife Jackie and daughters Adley, Analyn, and Allory Michael D. Barber, Esq., Outstanding Service, Criminal Law Committee Chair

Installation of the Legal Aid Society of the Orange County Bar Association, Inc., 2016-2017 Officers and Trustees

Photos: Jessica Leigh

theBriefs July 2016 Vol. 84 No. 6

www.orangecountybar.org

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theBriefs July 2016 Vol. 84 No. 6

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theBriefs July 2016 Vol. 84 No. 6

Hearsay...

Vanessa A. Braga, Esq.

theBriefs July 2016 Vol. 84 No. 6

t’s hard to believe that it has been almost a year since I began writing for The Briefs. In my brief time as the “Hearsay” columnist, I have not had a shortage in news and updates from our fellow Orange County Bar Association members. Vanessa Skinner, Esq., a shareholder with Winderweedle, Haines, Ward & Woodman, P.A., recently received an AV Preeminent rating from Martindale-Hubbell Law Directory. Congratulations on the superior rating! Rebecca “Becky” Wilson, Esq., with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., was the commencement speaker at the Hamilton Holt School at Rollins College on May 7, 2016. Richard D. West, Esq., a partner at West, Green and Associates, PL, was named Orlando Family Lawyer of the Year by Best Lawyers in America for 2016. This is the second time Richard has been selected by his peers for this distinguished recognition. Anne-Marie L. Bowen, Esq., of Anne-Marie L. Bowen, P.A., was a panelist at the OCBA’s Bench Bar Conference in April. The panel’s topic was the “Nuts and Bolts of Bankruptcy for the Non-Bankruptcy Practitioner.” On the Labor & Employment side of the Bench Bar Conference, Judge David Baker and Travis Hollifield, Esq., of the Hollifield Legal Centre, presented a panel discussion on “Litigation Attorney’s Fees in Employment Cases,” which was moderated by Vanessa A. Braga, Esq., of Burruezo & Burruezo, PLLC. Scharome R. Wolfe, Esq., a partner with ROIG Lawyers in Orlando, recently presented “Comparative Negligence,” a seminar hosted by the CEU Institute at the office of Allstate. Scharome was also invited to join the prestigious Claims and Litigation Management (CLM) Alliance, which is a national organization of 30,000 members interested in furthering the highest standards of litigation. Louise B. Zeuli, Esq., of Louise B. Zeuli, P.A., was elected to the board of directors of Community Health Centers, Inc., whose mission is to provide quality and compassionate primary healthcare services to Central Florida’s diverse

community. Deborah La Fleur, Esq., a shareholder in the Orlando office of GrayRobinson, P.A., was voted chair-elect of the Leadership Seminole board of directors, where she is currently serving as secretary. Marc Levine, Esq., also of GrayRobinson, has been appointed to the board of the Joe R. Lee branch of the Boys & Girls Club of Central Florida, which is an organization dedicated to inspiring hope and opportunity in at-risk children in the local community. Bertha L. Burruezo, Esq., and Carlos J. Burruezo, Esq., of Burruezo & Burruezo, PLLC, participated in the Stetson University College of Law CLE entitled “Destination CLE: Cuba – Explore Business Law in Havana.” As part of the CLE, the attendees met with local business and legal leaders and immersed themselves in the Cuban culture. In the “On the Move” section, Joseph (Joe) C. Stayanoff, Esq., has been named a partner with Clayton & McCulloh. Melody B. Lynch, Esq., has been named a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Jessica D. Thomas, Esq., has opened the Thomas Law Firm, PLLC. Jessica’s practice areas include bankruptcy and family law. Michael L. Dear, Esq., has opened The Law Office of Michael L. Dear, PLLC. He focuses on commercial litigation, construction defect/construction lien, and criminal defense. Luis Guzman, Esq. is now an assistant county attorney with the Lake County Attorney’s Office. Michael Kennedy, Esq., has joined Leppard Law, PLLC as an associate attorney. Please feel free to share any news and updates about your Orange County Bar Association members to vanessa@burruezolaw.com. Until next month, Hearsay. Vanessa A. Braga, Esq., an associate attorney with Burruezo & Burruezo, PLLC, handles labor and employment and business litigation matters. She has been a member of the Orange County Bar Association since 2014.

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PhotoOps On May 10, 2016, OCBA member Michael Brady Lynch, Esq.; his mother, Virginia; managing associate, Amy German, Esq.; and media consultant, Robyn Lee presented a $7,500 check to Rip Rice of Special Olympics of Florida and their Central Florida athletes. Contributions such as this strengthen the bond between local businesses and charitable organizations and inspires others to do the same.

Great Oaks Village Fun Day

YLS

Past YLS Presidents at Pass the Gavel Luncheon

Brett Renton, Esq., Amber N. Davis, Esq. PAGE 28

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theBriefs July 2016 Vol. 84 No. 6

YLS on the move

Jennifer A. Smith, Esq.

theBriefs July 2016 Vol. 84 No. 6

he start of summer hasn’t slowed down the YLS! Here are a few of the things we have been up to: At our May 20, 2016, monthly luncheon, pastpresident, Amber Davis, Esq., passed the gavel to incoming president Brett Renton, Esq. Many former YLS presidents attended and gave sage (and humorous) advice to Brett. The YLS would like to recognize and thank Amber for an incredible year and wish Brett the best of luck in his presidency. On May 21, 2016, YLS hosted its Great Oaks Village Fun Day. Great Oaks Village is a residential foster community for children who have been removed from their homes because of neglect, abuse, or other reasons. This event, one of the longest-running for YLS, gives our members a chance to give back to the kids by hosting a field day and spending some fun, positive, and interactive quality time through different activities. Those activities include soccer, tug-of-war, kickball, a bounce house, makeup lessons, arts and crafts, and a cookout. Congratulations to chairs, Andrew Roy, Esq., and Eric LaRue, Esq., on a great event. On May 26, 2016, the 2016-2017 YLS officers and board members were sworn in by Chief Judge Frederick Lauten at the Church Street Ballroom. Congratulations to all. Be sure to see the photos on page 20 of this issue of The Briefs. On June 10, 2016, YLS presented Afternoon at the State Courthouse. This annual event provided participants unique insight into local judicial policies and procedures, universal courtroom decorum, and helpful hints for attorneys practicing law throughout Central Florida. The seminar, designed for summer associates, law clerks, attorneys, law students, paralegals, paralegal students, and other legal professionals, was taught by current judges. Congratulations to event chair, Paige Carlos, Esq., for organizing a very successful seminar again this year. After the Afternoon at the State Courthouse, YLS members enjoyed a summer pub crawl. YLS members met at Chillers on Church Street and started their crawl, which included three more pubs. Thanks go to social committee chairs, Rafael Rodriguez, Esq., and Miguel Acosta, Esq., on concocting another fun-filled YLS event. Stay tuned for these upcoming YLS and other events: Judge John Kest will hold the next Brown Bag Lunch on July 14, 2016, from 12:00 p.m. to 1:15 p.m. on the 23rd floor of the Orange County Courthouse. The topic this month will be “Grievance Committees and Professionalism Panels: What Do You Do When You Receive an

‘Invitation’ to Appear?” Although not required, your RSVP to Judge Kest’s judicial assistant, Diane Iacone, would allow sufficient copies of the outline and bottled water to be available. Please contact Diane at ctjadi1@ocnjcc.org, and please feel free to bring your lunch and eat – while you learn, and while you earn 1.5 CLE! Join us on July 15, 2016, from 12:00 p.m. to 1:00 p.m. at the Citrus Club for our monthly luncheon. Check-in is from 11:30 a.m. to 11:55 a.m. The cost is only $10 for a three-course meal for RSVPs received by July 13. RSVP through the OCBA store at http://orangecountybar.org/ ylsproducts. The YLS and Law Clerks Reception will be held on July 21, 2016, from 6:00 p.m. to 8:00 p.m. at the Orange County Regional History Center, 65 E. Central Boulevard, Orlando, Florida 32801. This annual event is a great opportunity to keep top talent in Central Florida, as well as build OCBA membership. Law clerks and young lawyers will network with judges and experienced attorney in a relaxed, festive setting. Admission, which includes appetizers and drinks, is free for law clerks and only $10 for attorneys, judges, law students, and guests. The RSVP deadline is July 13. Law clerks must RSVP to Joey Chindamo at jchindamo@gmail.com, and all others can register through the OCBA store at www.orangecountybar.org/ylsproducts. The late registration fee is $15. Hope to see you there! Do you love a good tailgate before the big game? If so, we’ve got the perfect event for you! The YLS and the OCBA are teaming up to co-host a tailgate for the inaugural Camping World Kickoff Classic, where the Florida State Seminoles will take on the Ole Miss Rebels in Orlando on September 5, 2016. The tailgate will begin at 4:00 p.m. on game day and will include free food, drinks, and games. For sponsorship opportunities and to RSVP, please contact the tailgate chair, Keshara Cowans, Esq., at kesharadavis@gmail. com. It’s golf tournament time! The YLS’s 25th Annual Charity Golf Tournament will be held on Friday, September 30, 2016, at Hawk’s Landing Golf Club, Orlando World Center Marriot. Can you believe the tournament is celebrating its 25th anniversary? Details for players and information about becoming a sponsor will be available soon via YLS and OCBA email blasts. Please join us for this must-do charity event. If you are not already on the YLS email list, drop me a line at jsmith@southerntrialcounsel.com so you can get all the current YLS info! Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

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ParalegalPost Consider Taking CLE Courses Outside of Your Practice Area for Professional and Personal Development

T Anne C. Fisher, FRP

he workplace today is unlike any other time in history. Changes in how clients and law firms use technology for communication, presentation, document drafting, litigation, recording, and transactional work seem to be coming faster than ever. Working remotely, video conferencing, and other changes in how we work are now commonplace. Just ten years ago email was seldom used. Today, clients want to read and sign documents on their smart phones. Culturally, many individuals no longer work in one place for twenty years. Changing jobs occurs much more frequently than it did a generation ago. Some who stay in one place may even be viewed as old-fashioned or out of touch with current trends. Many people pride themselves on being specialists, with deep expertise in a particular practice area. Others take pride in being generalists, having a broad knowledge base and being adept at handling many types of legal matters with relative ease. There are pros and cons to each. Specialists may be sought after for their depth of knowledge and experience in a specific practice area, but they could also find themselves pigeon-holed and missing out on opportunities and experiences. Generalists may miss great opportunities as well by not having the necessary depth of knowledge in certain areas; however, they could be highly valued for their ability to handle a wide variety of client needs. Many recent changes in the workplace impact paralegals. Continuing Legal Education (CLE), both inside and outside a given practice area, may help paralegals cope with the demands and cultural changes in the industry and gain valuable experience from new opportunities. The ever-changing demands of the profession make learning outside of a specific practice area a must. Broad knowledge about other areas of law makes the paralegal a well-rounded professional in the industry. This allows the paralegal to assist attorneys in various practices throughout the firm. Such assistance could include participating in large firm projects, taking on new projects, and simply being able to converse intelligently with others inside and outside the firm. For example, when a title matter arises within a litigation proceeding, or a litigation matter appears on a title commitment, paralegals from both departments may communicate effectively to help each other

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resolve the matter or do the necessary research. Communicating intelligently and effectively about various areas of law enables the paralegal to be more confident and capable. This could result in more frequent and interesting work assignments and opportunities to mentor newcomers to the firm – including new attorneys. Adding to one’s knowledge base can make the paralegal more effective at the tasks he/she already performs. Tips gleaned from CLE courses in one practice area may be applied to other practice areas. Examples could include the relevancy of bankruptcy implications in other creditor’s rights matters or the presence of real estate issues in litigation and foreclosure situations. Estate and probate issues may arise in virtually every practice area. Basic knowledge of the structure of business entities may be useful for researching parties to a lawsuit or for determining what records should exist and have not been provided. The paralegal who raises the issue that no LLC operating agreements were produced could save the day. The paralegal handling e-recording, and provides the document to the recorder in time to save a closing (or prevent one), could make or break a deal! Often, CLEs revolve around technology themes. These may or may not be related to a specific practice area, but practical knowledge gained may have a positive impact in all practice areas. Online research, e-filing, e-recording, paperless office tips, PowerPoint, and certain Adobe programs are tools that may be used across the board. Examples include using PowerPoint to create demonstrative exhibits for use in court, or using Excel to create corporate structures and timelines for major transactional projects. Adobe Acrobat can be used for creating PDFs, electronic signing, implementing Bates numbering, and redacting documents. The paralegal who knows how to compress a PDF so that a client may receive and open the file on a smart phone ultimately winds up with a happy client and an appreciative boss. Becoming wellversed in today’s technology through CLEs can even enhance opportunities for working remotely. The paralegal seeking new challenges in other areas of law can use CLE seminars to learn what is needed to succeed in other fields. This may also serve as an opportunity to network, find a mentor in another practice area, or learn of new career opportunities. For those not seeking a new career

fs July 2016 Vol. 84 No. 6

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path, such CLE seminars are opportunities to find or become that “go-to” paralegal to call when seeking advice or answers to questions in other practices areas or jurisdictions. CLEs are often sponsored by vendors that offer services to the legal industry. These seminars are fertile ground for building relationships with vendors in areas that could fill needs in the paralegal’s current practice area. This may be very helpful when six boxes of copy work arrive in the office on July 3rd at 4:00 p.m. – all of which must be completed by 9:00 a.m. on July 5th. The opportunities for networking, building skills and confidence, and fellowship and camaraderie are important additional benefits of attending varied CLE events. From a personal development perspective, learning opportunities and chances to become acquainted with new areas of interest can be quite rewarding. New and meaningful volunteer opportunities may be found as well. Novelty and newness in the workplace help us all to keep growing and feel engaged. Career paralegals should seek to constantly improve and hone their skills and professionalism. Being an expert in a practice area is important, but do not miss out on the professional and personal development benefits that broad and varied CLE seminars and courses can provide.

Agustin “Gus” Perez-Cervera, Esq. MEdiAtion SErviCES Florida Supreme Court Certified Circuit Civil Mediator 35 Years Experience as a Civil Trial Lawyer

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Anne C. Fisher, FRP, is a creditors rights paralegal in the litigation department at Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

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When armed with personal knowledge of the dependent child and up-to-date medical information, volunteer attorney GALs are strong, first-line protectors of dependent children, ensuring that use of psychotropic medication enhances, not pauses a child’s life while he or she is in foster care. For more information about psychotropic medications for dependent youth, please contact Coravious Cowart, Esq., Legal Aid Society GAL Department, at ccowart@legalaidocba.org or 407-841-8310. For more information about how to become a financial donor or help with Legal Aid’s fundraising efforts, please contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or 407-515-1850. Coravious L. Cowart, Esq., Legal Aid Society of the Orange County Bar Association, Inc., GAL Department, has been a member of the OCBA since 2012.

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