Orange County Bar Association - The Briefs - July 2018

2018-2019 OCBA Executive Council Inside this Issue: President’s Message Preparing the Next Generation of Lawyers Richard S. Dellinger, Esq.

July 2018 Vol. 86 No. 6

OCBA Mentoring Program Sign-up Deadline for Mentors is Just Around the Corner!

Kristopher J. Kest, Esq.

YLS Mentoring Program A True Success Story Jill D. Simon, Esq. Diversity & Inclusion Committee The Question Brigade: “Are You a Law Student?

Court Reporter? Interpreter?”

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Fort Lauderdale 954 523 9922

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Contents 3

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President’s Message Preparing the Next Generation of Lawyers Richard S. Dellinger, Esq. Professionalism Committee 2017-2018 Year in Review Amy J. Carter, Esq. Robert W. Borr, Esq.

©2018

Legal Aid Society What We Do...

Volunteer Moment Larri T. Thatcher, Esq.

Editor Kate T. Hollis, Esq.

Associate Editors Karen L. Middlekauff, Esq. & Robyn M. Kramer, Esq.

2018-2019 OCBA Installation and Awards Banquet

Hearsay Columnist Vanessa A. Braga, Esq.

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YLS on the Move Heather M. Meglino, Esq.

Diversity & Inclusion Committee The Question Brigade: “Are You a Law Student” Court Reporter? Interpreter” Nadia B. Ahmad, Esq. Bernice Bird, Esq. Abdelrahman M. Zeini, Esq.

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OCBA Luncheon Judicial Candidate Forum

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Clerk’s Corner More Payment Options Deliver More Convenience Tiffany Moore Russell, Esq.

SideBar Alena V. Baker, Esq.

w OFFICERS Richard S. Dellinger, Esq., President Anthony F. Sos, Esq., President-elect LaShawnda K. Jackson, Esq., Treasurer Eric C. Reed, Esq., Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II, Esq. Amber N. Davis, Esq. William A. Davis, Jr., Esq. Thomas B. Feiter, Esq. Kate T. Hollis, Esq. Eric B. Jontz, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Gary S. Salzman, Esq. William D. Umansky, Esq. M. Ryan Williams, Esq. Elizabeth F. McCausland, Esq., Ex-officio Jill D. Simon, Esq., YLS President

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YLS on the Move Heather M. Meglino, Esq.

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SideBar Alena V. Baker, Esq.

Chief’s Column Serving the Needs of the Community Includes Creating a User-friendly Environment The Honorable Frederick J. Lauten

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Diversity & Inclusion Committee Intern for a Day Onchantho Am, Esq.

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Paralegal Post The OCBA Paralegal Section: Strong, Active, and Engaged Paul Pelton, FRP

Special Feature A Five-Step Inquiry for Filing Confidential Information in a Civil Case David P. Hathaway, Esq.

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Special Feature: OCBA Mentoring Program Sign-up Deadline for Mentors is Just Around the Corner!

Kristopher J. Kest, Esq.

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Announcements

YLS Mentoring Program A True Success Story Jill D. Simon, Esq.

New Members

w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Publication Manager Peggy Storch

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Classifieds

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Calendar

Legal Aid Society Teaching Tips 30 Top Tips for Tenants Michael L. Resnick, Esq.

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 ©2018 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

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the Briefs

www.orangecountybar.org

Marketing & Sponsorship Manager Joan Giovanni

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

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

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President’sMessage

June 2018

Preparing the Next Generation of Lawyers Show me a successful individual and I’ll show you someone who had real positive influences in his or her life. I don’t care what you do for a living – if you do it well I’m sure there is someone cheering you on or showing the way. A mentor.

– Denzel Washington

I Richard S. Dellinger, Esq.

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moved to Orlando from North Carolina with my wife and two dogs in June 1999. I was eager to take the Bar exam and get to work. I was eager to put my law degree to good use.

Unbeknownst to me, my law degree only got me ready to learn to practice, not ready to practice. My practice skills were developed over time by the excellent lawyers at the Lowndes firm. I started with Gary Soles, a detail-oriented lawyer who taught me to check, double-check, and triple-check my writing. Then, I worked with Matt Brenner, a professional with a passion for service who taught me about professionalism and community service. Then, I worked with Terry Young, a fierce advocate whose cases are always over-prepared, over-researched, and over-analyzed. This American Board of Trial Advocates trial lawyer taught me the Rules of Evidence and his own passion for over-preparation. I will forever be grateful to Gary Soles, Matt Brenner, and Terry Young for their mentoring and training. These are just three of my mentors; there are many more at this 100-lawyer law firm who made me who I am today.

According to the American Bar Association National Lawyer Population Survey, the State of Florida has 78,244 lawyers. Ten years ago, in 2008, the state had 59,953 lawyers. The total number of graduates from law school in 2017 across the county was 34,922. Out of those graduates, 24,008 (68.7%) obtained employment in professions where bar passage was required. Of that number, 16,021 (45.9%) went to work in law firms; 4,204 (12%) went to work in government; 1,625 (4.7%) went to work in public interests; and 3,263 (9.3%) were employed in clerkships. Each of those positions has built-in mentorship and training opportunities. The remaining positions provide fewer opportunities for formal mentorship and training.

For those lawyers who are not fortunate to have mentorship and training programs with their employer, the OCBA seeks to fill the gap. The Young Lawyers Section of the OCBA (“YLS”) has long served as a leader in social, educational, and www.orangecountybar.org

service programs for the younger lawyers of Orange County. YLS lawyers share information, develop long-lasting relationships, and educate one another. YLS lawyers develop relationships that last their entire career. Most of the recent past presidents of the OCBA were former presidents of YLS. Joining YLS is easy and the benefits are incredible. YLS holds a monthly luncheon at the Citrus Club, where young lawyers meet, network, and converse about current issues in the law. And, our YLS is one of the most giving and charitable organizations in the OCBA. Recognizing that there are many lawyers without mentors, the OCBA established a New Lawyer Training Program to help train new lawyers. This program was originally discussed at the OCBA’s Judicial Relations Committee and put into action by OCBA staff and OCBA leaders in 2013.

The New Lawyer Training Program is an intensive two-day “boot camp” program developed to provide some of the practical skills-training not taught in law school. New lawyers are provided a day in the courthouse, where they learn from the clerks, see how things operate behind the scenes, meet with the judges’ judicial assistants, and meet with many of the judges. On the second day, lawyers are provided with business training, including training on technology, trust accounts, Florida Bar grievances, marketing, and banking.

The New Lawyer Training Program has been favorably recognized by The Florida Bar and has been duplicated by other bar associations across the state.

To continue the training and development of young lawyers, the OCBA, YLS, CFAWL, and the local Inn of Court have all developed mentorship programs. These programs pair experienced lawyers with new lawyers to serve as mentors.

The leaders who established these mentorship programs, including executive council member Kristopher Kest, take their responsibility to these young lawyers very seriously. And the lawyers who participate as mentors provide an immeasurable service for the new lawyers.

Our local judiciary is passionate about training young lawyers. Judges regularly train our lawyers at continuing legal education programs presented by OCBA committees, and our judges filled numerous tracks during our day-long Bench Bar program. And, some judges take it on their own initiative to raise the level of practice. In October, continued page 32

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ProfessionalismCommittee

T Amy J. Carter, Esq.

Robert W. Borr, Esq.

2017-2018 Year in Review

he Professionalism Committee wrapped up the 2017-2018 year under the leadership of John Y. Benford, Esq. In February, the Professionalism Committee presented a major seminar entitled “Professionalism and the Attorney-Client Relationship.” Speakers included the Honorable Donald A. Myers, Jr.; Marc P. Ossinsky, Esq.; Brandon W. Banks, Esq.; Bruce B. Blackwell, Esq.; Patrick M. Delaney, Esq.; Camy B. Schwam-Wilcox, Esq.; Eric C. Boughman, Esq.; Gene McCulley, Patricia Ann Toro Savitz, Esq.; Jamie Billotte Moses, Esq.; and Molly J. Paris, Esq. The seminar will be available for purchase in the OCBA store soon. It provides a total of 7.0 general CLE credits, including 6.0 ethics credits, 1.0 mental health credit, and 1.0 technology credit.

The chair of the Professionalism Committee for the 2018-2019 year is Amy J. Carter, Esq., of Quintairos, Prieto, Wood & Boyer, P.A., and the committee’s vice chair is Robert Borr, Esq., of the Law Offices of Robert Borr, PL. The committee will again offer a three-part minor seminar this summer related to social media use and conduct.

The first session will take place on July 25, 2018, at noon at the OCBA. Lunch will be provided.

The next two sessions, on client conduct and advertising, are tentatively scheduled to take place in August and September.

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

Congratulations once again to the 2018 Professionalism Award recipients: The Honorable Daniel E. Traver, recipient of the James G. Glazebrook Memorial Bar Service Award; Glenn A. Adams, recipient of the William Trickel, Jr. Professionalism Award; and Amber N. Davis, recipient of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award.

Amy J. Carter, Esq., an attorney with Quintairos, Prieto, Wood & Boyer, P.A., practices in the areas of nursing home defense and general liability. She has been a member of the OCBA since 2012. Robert W. Borr, Esq., Law Office of Robert W. Borr, PL, is a sole practitioner who practices real estate and business law. He has been a member of the OCBA since 2011.

PAGE 4 www.orangecountybar.org

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OCBA LuncheonThursday, July 12, 2018 Ninth Judicial Circuit and County Court Judicial Candidate 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!

County Court Candidates

Amy Carter

Wilfredo “Fredo” Martinez

Adam McGinnis

Doricia “Dori” Miller Rivas

Circuit Court Candidates

Jeff Ashton

Joseph Haynes Davis

Dean Mosley

Lorraine Elizabeth De Young

Laura Shaffer

Howard Friedman

Tom Young

N E W LO C AT I O N

Embassy Suites Downtown Orlando

Co-hosted by:

Sponsored by:

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11:30 a.m. – 1:00 p.m.

191 E. Pine St., Orlando, FL 32801 Co-hosted by Tiger Bay Club of Central Florida Sponsored by Orange Legal Please RSVP by Monday, July 9, 2018 RSVPs will not be accepted after July 9, 2018 RSVP through the OCBA Store Orangecountybar.org/store CANCELLATIONS must be received no later than July 9, 2018 Cancel by email only to Ashley Norris at ashleyn@ocbanet.org

www.orangecountybar.org

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Clerk’sCorner

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

More Payment Options Deliver More Convenience

s technological advances continue to enhance our daily lives, my office continues to work on projects to use new technology to make doing business with the Clerk’s office easier.

First, did you know that my office recently expanded our online payment system? In addition to traffic citations, individuals can now pay criminal fines and fees quickly and easily through our online payment portal.

In addition, customers with multiple cases can get a total balance due in one easy location on our website. Anyone who may need different payment options can always visit any Clerk of Courts location Monday through Friday during business hours to request a payment plan contract.

Details about these features can be found from the homepage of our website at www.MyOrangeClerk.com.

We also recently instituted a new payment system for jurors who serve on court cases in Orange County. My office is now using a convenient pay-

ment card system to compensate jurors who are not paid by their employer.

Jurors now receive a debit MasterCard they can use anywhere these types of debit cards are accepted. The new payment cards save time as jurors no longer have to wait to get a check in the mail. At the end of their service, the card, which is much like a gift card, can be uploaded quickly and easily with the funds they have earned.

Finally, I want to remind you that finding an upcoming court hearing can be done right from our website as well. At www.MyOrangeClerk.com, click on “Court Dates” from the top navigation bar. From that page, you can find an upcoming court date by entering a case number or a defendant’s or a party’s name.

Please visit our website to learn more about all of these new features. I hope they will help enhance everyone’s experience with the Clerk’s office.

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

On the cover...

2018-2019 OCBA EXECUTIVE COUNCIL Gary S. Salzman, Esq. Jill D. Simon, Esq., YLS President Eric B. Jontz, Esq. Amber N. Davis, Esq. Thomas B. Feiter, Esq. Euribiades Cerrud, II, Esq. Kate T. Hollis, Esq. M. Ryan Williams, Esq. Elizabeth F. McCausland, Esq., Ex-officio William D. Umansky, Esq. Karen L. Persis, Esq. Kristopher J. Kest, Esq. LaShawnda K. Jackson, Esq., Treasurer Richard S. Dellinger, Esq., President Anthony F. Sos, Esq., President-elect Eric C. Reed, Esq., Secretary Not pictured: William A. Davis, Jr.

PAGE 6 www.orangecountybar.org

theBrief s July 2018 Vol. 86 No. 6

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theBriefs July 2018 Vol. 86 No. 6

www.orangecountybar.org

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JUMP START YOUR CAREER!

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

New Lawyer Training Program

The Fundamentals of Practice in Orange County

August 3 & 4, 2018

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• Learn how to navigate the legal system from the experts –judges, court officials, & seasoned attorneys • Get tips on court procedures & processes • Learn the nuts & bolts of starting your own practice Student or current OCBA member: $175 Non-member: $195 Includes breakfasts, lunches, receptions, & OCBA student membership!

7.0 CLE

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

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Chief’sColumn

T

Serving the Needs of the Community Includes Creating a User-friendly Environment

he Ninth Judicial Circuit Court serves more than 1.7 million people. Thousands walk through the doors every week, and while their reasons for visiting are as varied as the people themselves, each visitor needs guidance navigating the array of corridors, lobbies, elevator banks, and courtrooms. And, while it would seem logical that subsequent trips to the courthouse would foster a sense of familiarity and ease, that is often not the case for our visitors.

The Honorable Frederick J. Lauten Serving the needs of the community extends beyond the traditionally defined roles of the judiChief Judge cial system. It extends to include creating a usNinth Judicial Circuit Court

er-friendly environment that guides, assists, and supports each person – whether they are reporting for jury duty, applying for a marriage license, or attending a court hearing. To that end, Orange County piloted the installation of a Wayfinding system in the downtown courthouse.

The Wayfinding system is an easy-to-use navigational system utilizing technology to guide visitors to and from their various destinations. Immediately upon entering the downtown Orange County courthouse, visitors are greeted with a welcome message displayed on a large monitor suspended from the ceiling. The monitor cycles through content, moving from the welcome to practical information to guide visitors through the security checkpoint.

As they exit security, visitors immediately encounter a second monitor suspended above the information booth. Information about special events and answers to commonly asked questions are displayed here. However, more important than what is displayed on this screen is where the screen is located.

The second monitor is strategically placed to guide visitors directly to the volunteer-manned information booth. The Wayfinding system is only a single layer in a multi-layered structure designed to create a user-friendly court, the foundation of which is the volunteers and staff. Technology has tremendous capacity in helping disseminate static information to the most people in the shortest amount of time. Volunteers make the shift from disseminating information to the masses to tailoring information based on an individual and their unique circumstances and needs. This shift plays a crucial role in making a meaningful connection with the community we serve. More importantly,

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volunteers enhance an individual’s experience with the Ninth Judicial Circuit Court.

Shifting back to generalized information, interactive docket boards flank the information booth.

Visitors can access commonly requested information pertaining to the dockets for the day – presiding judge, party, time, and room. Touchscreens help visitors easily navigate the vastness of the courthouse by providing directional information when they select a room.

These components make up the first phase of the Wayfinding system. Plans to add voice activated Echo Dot locations – one on each court floor and a master in the main lobby – are in development.

Through these stations visitors will be able to access docket, procedural, and directory information. Plans exist to expand the system to include panel information in the jury room. Osceola County is fine-tuning and improving upon this initial launch stage of the system for its courthouse, reconfiguring components to better serve the community.

Once our visitors have navigated the courthouse with the help of Wayfinding and volunteers, there are numerous supports in place to make their time at the courthouse more comfortable, productive, and less stressful. WIFI service is free to all visitors. Child care is available on the premises, and there is a room for nursing mothers should they want privacy. There are charging stations for electronics in the jury room, a cyber café, lockers to store valuables, and pagers so prospective jurors can step outside while waiting to see whether they will be called to serve. A small café is housed in the jury room, as well as numerous vending machines. Staff are continually striving to anticipate needs and provide additional supports.

It is my hope that, as we continue to build a userfriendly environment, visitors can more easily and effortlessly navigate the courthouses throughout our Circuit. I hope that familiarity will no longer be necessary to engender ease. I hope visitors know the judicial system takes its role outside the courtroom as seriously as its role inside the courtroom.

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

www.orangecountybar.org

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SpecialFeature

D David P. Hathaway, Esq.

A Five-Step Inquiry for Filing Confidential Information in a Civil Case

oes your lawsuit involve potentially confidential information? For example, will the parties be producing business valuations, medical records, or employee background checks?

What about the terms of a decedent’s trust, or the assets of an estate? As a preliminary matter, the parties might decide to enter into a confidentiality agreement governing the use of discovery and protections against its misuse. That is entirely different from agreeing not to file documents containing confidential information in court records.

Redacting information from the public view or sealing documents involves a much higher degree of scrutiny, and it is not up to the parties alone.

Below is a five-step inquiry for filing confidential information in a civil case: 1. Is Your Document in the “Top 10”? There are 10 automatic exemptions from public disclosure. Rule 2.420 of the Florida Rules of Judicial Administration begins in subsection (a) by stating the general rule that the public shall have access to all judicial branch records, except as set forth below. Subsection (b) provides a number of definitions, and then subsection (c) itemizes 10 categories of confidential and exempt records.

Generally speaking, these 10 categories are: (1) judge’s notes; (2) court administrative memos; (3) complaints against judges; (4) judge evaluations; (5) unpaid court volunteer applications; (6) arrest warrants; (7) all records made confidential under the Florida and United States Constitutions and Florida and federal law; (8) all records deemed confidential by court rules or the Florida Statutes or case law; (9) any court record determined to be confidential if required to prevent harm, avoid injustice, or protect trade secrets; and (10) information about judges mentioned in an advisory opinion of a judicial ethics committee.

Many of these categories are highly specific and probably seldom seen, but the much broader and potentially ambiguous subsections are (c)(7), (c) (8), and (c)(9).

2. What Information Is Protected by State and Federal Law Under Subsections (c)(7) and (c) (8)? The information protected by state and federal law under subsections (c)(7) and (c)(8) is set out in subsection (d)(1)(B), which contains 22 categories of records: (1) dependency, guardian ad litem and child neglect; (2) adoption; (3) social security number, bank account number, credit card number; (4) HIV tests; (5) sexually transmitted disease records; (6) birth records and parts of

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death records; (7) abortions; (8) Baker Act; (9) substance abuse; (10) criminal defendant incompetency; (11) estate inventories and accountings; (12) domestic violence; (13) child abuse victims; (14) gestational surrogacy records; (15) guardianship and orders appointing court monitors; (16) grand jury; (17) family services for kids; (18) juvenile delinquency; (19) tuberculosis; (20) presentence investigation reports; (21) forensic behavioral health; and (22) defendants in drug court programs. If you have any of these, you need to file a subsection (d)(2) Notice of Confidential Information Within Court Filing indicating whether the entire document is confidential or identifying the precise location of confidential information, and using the form supplied in the Appendix to Rule 2.420. The clerk will review your notice, locate the corresponding information, and redact it from public and online access.

If the clerk cannot find that the information in your notice falls among the list of 22 items, he or she will contact you within 5 days, and then keep it confidential for another 10 days pursuant to subsection (d)(2)(B), in which case you can file what is known as a (d)(3) Motion, described in more detail in the sections below, to have the judge decide. Pursuant to subsection (d)(4), you also need to provide a specific notice to any affected non-parties, and any interested person can file a (d)(2) notice if the filer of the document with confidential information neglected to do so.

3. When Is Confidentiality Appropriate to Prevent Harm or Avoid Injustice under Subsection (c)(9)? This rule includes any court record determined to be confidential in case decision or court rule on the grounds that confidentiality is required to: (i) prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice; (ii) protect trade secrets; (iii) protect a compelling government interest; (iv) obtain evidence to determine legal issues in a case; (v) avoid substantial injury to innocent third parties; (vi) avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of proceeding sought to be closed; or (vii) comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law. However, if it is not a trade secrets case and you are looking to prevent harm or avoid injustice, first review the applicable case law. Some of the relevant cases include: Barron v. Fla. Freedom Newspapers, Inc., theBriefs July 2018 Vol. 86 No. 6

531 So.2d 113, 119 (Fla. 1988) (holding medical records are not confidential if made an integral part of the proceedings); Carnegie v. Tedder, 698 So.2d 1310, 1312 (Fla. 2d DCA 1997) (holding that damaging allegations in counterclaim are inherent to civil proceedings and not confidential); Rocket Grp., LLC v. Jatib, 114 So.3d 398, 400-01 (Fla. 4th DCA 2013) (quashing trial court order compelling production of corporate financial information which parties agreed was confidential); Carter v. Conde Nast Publ’ns, 983 So.2d 23, 25 (Fla. 5th DCA 2008) (holding parties’ agreement to file documents under seal without a hearing was improper); Post-Newsweek Stations, Fla. Inc. v. Doe, 612 So.2d 549, 553 (Fla. 1992) (refusing to withhold names on a prostitute’s client list); Sentinel Commc’ns Co. v. Watson, 615 So.2d 768, 773 (Fla. 5th DCA 1993) (holding juror interviews that went beyond verdict and deliberations were not confidential); Sentinel Commc’ns Co. v. Smith, 493 So.2d 1048 (Fla. 5th DCA 1986), rev. denied, 503 So.2d 328 (Fla. 1987) (express finding of injury to an innocent third party where a minor child was adversely affected by the litigation and continued publicity would likely be highly detrimental to the child); and Times Publ’g Co. v. Bollea, 2016 WL 9083356, at *1 (Fla. 2d DCA 2016) (unpublished) (refusing to seal famous wrestler Hulk Hogan’s court file).

To proceed under subsection (c), you must file a subsection (d)(3) Motion to Determine Confidentiality of Court Records (a “(d)(3) Motion”), which also requires a specific notice to be sent to any affected non-parties under subsection (d)(4). If you claim one of these (c)(9) categories, your (d)(3) Motion must specify that the “degree, duration, and manner of confidentiality ordered by the court shall be no broader than necessary” to protect the interests set forth above, and that there are “no less restrictive measures available” to protect those interests.

4. If the Case Law Supports It, How Do You File a (d)(3) Motion? The specific requirements of a (d)(3) Motion are listed in subsection (e): you must identify the particular court records or

the portion thereof specifically without revealing the confidential information, specify the bases for determining that the court records are confidential without revealing the confidential information, and set forth the specific legal authority and any applicable legal standards. Any written motion must include a signed certification that it is made in good faith and is supported by a sound factual and legal basis. The clerk must treat it as confidential until the court rules. A response may be filed within 10 days of service, and pursuant to subsection (e)(2), the court must hold a hearing within 30 days if the (d)(3) Motion is opposed. Even if the (d)(3) Motion is unopposed, the court in its discretion may hold a hearing because, again, the parties cannot simply agree among themselves to withhold court records from public view. The hearing must be an open proceeding, but any person may request that the court conduct all or part in camera to protect the interests at issue. Any person can request an expedited ruling, and the movant must hire a court reporter or rely on a court’s recording device.

The court may require prior public notice of the hearing on the (d)(3) Motion and must issue its ruling on it within 30 days of the hearing. In any event, the court may not determine that the number associated with a case or docket is confidential.

5. What Happens If the Court Grants Your (d)(3) Motion?

Assuming your (d)(3) Motion is successful, the resulting order must follow subsection (e)(3). It must state with as much specificity as possible without revealing the confidential information: continued page 26

New Luncheon Venue Beginning July 2018, OCBA Luncheons will be held at the Embassy Suites by Hilton Downtown Orlando, 191 East Pine Street, Orlando, Florida.

Parking is available on Pine Street across from the Embassy Suites ($6 / credit card only). Valet parking at the hotel is $26.

Register for the July 12, 2018 “Judicial Candidate Forum” luncheon by July 9 through the OCBA Store.

theBriefs July 2018 Vol. 86 No. 6

www.orangecountybar.org

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SpecialFeatureOCBA Mentoring Program

Sign-up Deadline for Mentors is Just Around the Corner!

Y

Kristopher J. Kest, Esq.

ou are sitting at your desk on a Thursday afternoon when your phone rings. It is your niece and she has a question for you. Opposing counsel in one of her cases has just set a hearing without clearing it with her first and she is not available for the hearing. She is in a bit of a panic and does not know what to do. You see, she is only six months out of law school, has opened her own solo practice, and is learning on the fly how to practice law while running a business. After calming her down and setting her on the right path to resolving the issue, you get to thinking.

What if she didn’t have an Uncle Rob who happened to be an attorney? Who would she call if she didn’t have you?

If she was participating in the Orange County Bar Association’s Mentoring Program, she would have a mentor assigned to her for just that kind of issue. Many of you have served as mentors in our program, and we are grateful for your service. Many others of you (actually just as many) have participated as mentees. We would love to have you participate again this year, especially the mentors. Because we do not know how many mentees we can take on until we know how many mentors we will have, we would very much appreciate your help promoting the Mentoring Program to prospective mentors. This can be as simple as posting something to your social media account with a link to the OCBA’s website (www.orangecountybar.org/mentoring). In fact, because the OCBA will be posting to its own social media accounts about the Mentoring Program, you don’t even have to create the content – just re-post the OCBA’s postings. This year’s deadline for mentors to sign up is July 27. The program application and flyer can be found on the OCBA’s website.

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www.orangecountybar.org

For those of you that have not participated in our program before, let me tell you a little bit about it. The OCBA’s Mentoring Program lasts about four months and runs generally from September through December. During those four months, each mentor and mentee pair is expected to meet in person at least four times. Those meetings can be a lunch with just the two of you, a social event or happy hour, or any other way the two of you want to get together. There is no agenda or required topics to be covered. The idea is to give the mentee the opportunity to ask questions and the mentor the opportunity to impart some of the knowledge and experience they have gained during their years of practice. While the relationships do sometimes continue after the four-month program ends, there is no lingering commitment.

Indeed, the only organized event associated with the Mentoring Program is the kick-off luncheon, which will occur this year on August 30. This free luncheon is an opportunity for mentors and mentees to meet, to hear from a dynamic keynote speaker, and to learn tips and tricks for getting the most out of the 16-week program.

I will close with another request for your help with recruiting mentors. The more mentors we have, the more mentees we can serve, and there is no shortage of young lawyers that could use the guidance of a more senior attorney. So, whether by word of mouth, emails to colleagues, or sharing on social media, please help us recruit as many mentors as possible by our July 27 deadline. Thank you!

Kristopher J. Kest, Esq., Kest Family Law, P.A., is a member of the OCBA executive council and founder of the current OCBA Mentoring Program. He has been a member of the OCBA since 2005.

theBriefs July 2018 Vol. 86 No. 6

YLSMentoring Program

I Jill D. Simon, Esq.

theBriefs July 2018 Vol. 86 No. 6

A True Success Story

n 2009, attorney Kristopher Kest was a member of the board of the Young Lawyers Section (“YLS”) of the Orange County Bar Association when he had an idea for a program that would match young lawyers with local law students as mentors and mentees.

The program would allow the law students to make a connection within the legal community and learn from an attorney about the day-to-day practice of law. Under Kristopher’s direction, the YLS founded the YLS Mentoring Program, and Kristopher was the program’s first chair. The program was very popular from its inception, and each year since 2009, the YLS Mentoring Committee has matched between 80 and 100 people into 40 or 50 mentor-mentee pairs. The program now permits all OCBA members, not just young lawyers, to serve as mentors.

The value of any given mentor and mentee relationship is within the control of the individuals involved.

Mentors are encouraged to engage in any activities that they and their mentee choose, including lunch, YLS and OCBA functions, and substantive legal activities, such as hearings and client meetings. Ideally, after the mentoring year is over, a mentee will have gained some knowledge regarding the practice of law, and he or she will join the Central Florida legal community with a personal connection with at least one attorney. The relationship should be beneficial and, hopefully, enjoyable for both the mentor and the mentee. Occasionally though, the YLS Mentoring Program produces a true success story.

Bill Tonelli was a law student at Barry Law School when he applied to participate in the YLS Mentoring Program in 2010. Bill specified that he was interested in learning about personal injury law, and he was paired with Tony Sos, who had been practicing personal injury law in Orlando for his entire career. Tony had recently been named partner at Dellecker, Wilson, King, McKenna & Ruffier, LLP, which was later renamed Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. As a mentor, Tony wanted to ensure Bill benefited from the YLS Mentoring Program and encouraged Bill to join him for his scheduled work-related events as much as Bill wanted to. As Tony’s mentee, Bill enthusiastically attended his first civil deposition, initial consultation with a client, discovery hearing, and several OCBA/YLS events. “I was so excited to attend my first deposition that I accidentally wore two different shoes in a rush to get out of the house,” Bill said. “Tony noticed the mismatched shoes on the first break and still likes to remind me of that!”

www.orangecountybar.org

After their mentoring year was over, Tony and Bill stayed in touch. In 2012, as Bill’s graduation from law school was approaching, Bill sought Tony’s advice regarding his job search. When an attorney position became available at Dellecker Wilson, Tony thought of Bill. “I knew Bill was very hungry, bright, and had a genuine passion to help others,” he said. Tony introduced Bill to the partners at the firm, and within a week, Bill received an offer from the firm for his dream job as a personal injury attorney.

Bill has now been an attorney at the firm for more than five years, and he owes it all to Tony and the YLS Mentoring Program. “Without the mentorship program, I never would have gotten my foot in the door,” he said. Bill recognizes that he was fortunate to be matched with Tony, who was such a good mentor because he “was accessible, encouraging about the practice of law, and a good teacher. He also has an infectious personality that lights up a room. In addition to mentoring me about personal injury law, he also gave me advice on networking, marketing, and always emphasized putting the client first.”

Tony has been matched with six mentees through the YLS Mentoring Program over the years. He feels that mentoring is incredibly important and considers it a great way to give back. Bill has been matched with two mentees through the YLS Mentoring Program since becoming an attorney and also volunteers as a mentor with Barry Law School’s program.

Of course, not all of the mentoring relationships established through the YLS Mentoring Program will result in a dream job offer for the mentee.

But when lawyers get involved as mentors, they can play a small, or large, part in the professional development of the law students who will be part of our legal community in the future.

The YLS Mentoring Program needs mentors! The YLS will begin the application process in August under the 2018-2019 YLS Mentoring Committee chairperson, Jacob Schumer. Mentor and mentee pairs will be encouraged to meet each other at our annual YLS Mentoring Luncheon on October 19, 2018.

Jill D. Simon, Esq., president of the Young Lawyers Section of the OCBA, is an attorney at Zimmerman, Kiser & Sutcliffe, P.A. She practices primarily in the areas of workers’ compensation defense and employment law. She has been a member of the OCBA since 2008.

PAGE 13

Legal Aid SocietyTeaching Tips

P Michael L. Resnick, Esq.

30 Top Tips for Tenants

eople often ask me “what do you really do” for low-income housing clients who are involved in eviction actions or other housing disputes. People often assume that the efforts of the Legal Aid Society are solely designed to take advantage of a landlord or allow a tenant to live in a rental property rent free. I can tell you honestly, and candidly, that such improper efforts have never occurred during my almost 20 years as the Legal Aid Society’s housing attorney. Rather, the Legal Aid Society’s sole focus is to aggressively advocate for the rights of tenants, which often means attempting to enforce laws that favor tenants, and/or legally challenge laws that negatively impact the rights of tenants and their families.

What most people are not aware of is that the Legal Aid Society regularly undertakes various community education efforts throughout Orange County for the purpose of informing tenants about their housing rights and their legal obligations. As a result, I thought I would share with you some of the many things I tell tenants at these various community events. Some of these may surprise you.

1. Never give cash to your landlord without obtaining a receipt. If your landlord won’t give you a receipt, then you should consider not renting from this landlord.

2. Read your mail. Saying that you didn’t get your mail doesn’t work in the real world.

3. Get a written lease with a term of one (1) year. If you don’t have a written lease, then your landlord can terminate your right to stay in the property by simply giving you 15 days prior written notice that you must leave. Written leases provide long-term stability.

4. If your lease is terminated and you stay beyond the termination date, then you are considered to be a “holdover tenant,” in which case you will then owe your landlord double your monthly rent.

5. Your landlord is not required to renew your lease. Read your lease to determine whether there is a process for renewing your lease.

6. You cannot terminate your lease early simply because you want to move or you don’t like living where you live.

PAGE 14

www.orangecountybar.org

7. Pets limit your ability to find housing and they can be costly. A landlord will often require a non-refundable pet deposit, and you may be required to pay monthly “pet rent.”

8. Service dogs are permitted in a rental property. Service dogs are professionally trained to assist a person with a documented disability.

9. Comfort animals are usually not permitted in a rental property (even if your physician says you need a comfort animal).

10. Unauthorized guests or occupants of a rental property are not allowed to live in your rental property. Everyone living in a rental property must be approved by the landlord, and your landlord is not required to approve your guests or occupants. Your landlord can evict you if you allow unauthorized people to live in your rental property.

11. If you leave your rental property before the end of your lease, then you may still owe your landlord rent for the remaining months of your lease. Your landlord may report the unpaid rent to a credit bureau or sue you for the unpaid money.

12. Once an eviction action is filed with the Clerk of Court, this court action can never be removed from the clerk’s records.

The filing of an eviction action will make it very difficult for you to find other housing, because every new landlord will be able to see that you had a prior eviction action filed against you.

13. If your landlord files an eviction action for non-payment of rent, then you must pay your unpaid rent into the Registry of the Court before you are able to challenge the eviction. If you fail to pay your rent into the court registry, then you will not have a chance to speak with the judge about your eviction case.

14. Eviction actions can be completed in as few as 10 days. The judge will not give you more time to stay in the property simply because you need more time to find another place to live.

15. Once the eviction action is completed, you will have only 24 hours to move from

theBriefs July 2018 Vol. 86 No. 6

the property. After 24 hours, the sheriff will return to remove the occupants from the rental property, and your personal property will be removed to the street.

16. Your landlord cannot shut off your utilities, change the locks to the property, or otherwise deny you access to the property. If your landlord takes this action, then you have a right to sue your landlord for an amount of money equal to three times your monthly rent.

17. Security deposits are not rent and cannot be used to pay your monthly rent.

18. Within 30 days of the date you move out of the rental property, your landlord is required to notify you as to what will happen to your security deposit.

19. Tenants cannot make repairs to the property without the landlord’s written consent. If your landlord fails to fix or repair a problem, a tenant is not allowed to fix the problem and then deduct the cost from the rent.

20. If the property you are renting is sold, the new owner (buyer) is required to honor the terms of your lease agreement with the previous landlord.

21. Your landlord can enter the property at any time of the day or night if an emergency exists (water leak, electrical problems, etc.).

22. If your landlord wants to make non-emergency repairs to the property, then the landlord must provide you with at least 12 hours prior notice. The repairs should be made between the hours of 7:30 a.m. and 8:00 p.m.

23. Read your lease before you sign your lease! It is not a good excuse that you didn’t read your lease before you signed it.

24. You should never move into a property that is not in good condition and needs repairs. If you do, then it is unlikely your landlord will fix the things that need fixing.

25. To determine ownership of the property that you are renting or whether the property is part of a foreclosure action, you should review the websites for the Orange County Property Appraiser and Orange County Clerk of Court.

26. Do not rent property that is listed on Craigslist! This is likely a SCAM! 27. If the home you are renting is involved in a foreclosure action, you must continue to pay your rent to your landlord. If you do not pay your rent to your landlord, your landlord can file an eviction action against you for your failure to pay rent (even though your landlord is not paying the home loan).

28. If the home you are renting is involved in a foreclosure action, then federal law may allow you to stay in the home through the end of your lease and/or 90 days (if you do not have a lease), even though the home is sold at a foreclosure sale.

29. Obtain your credit reports for free at: www.annualcreditreport.com (1-877-322-8228). At this website, you will be able to obtain one (1) free credit report every 12 months from each of the three main credit bureaus (Equifax, Experian, and Transunion).

30. If your landlord is engaging in conduct that threatens you or puts you and your family in physical danger, then you should immediately contact law enforcement.

Our focus at the Legal Aid Society is proactive advocacy on behalf of tenants. Sometimes this means significant litigation. At other times it means substantial effort in educating tenants and social service organizations about the rights and responsibilities of tenants. And, in many situations, our efforts are focused on conveying, in a compassionate way, the unhappy news to a tenant that the tenant and his or her family must immediately begin packing and moving because the very quick eviction process that we have in Florida is literally “knocking at their door.”

For more information about housing issues, contact Mike Resnick, Esq., at mresnick@legalaidocba.org. If you are interested in supporting our nonprofit charity financially, please consider the Breakfast of Champions by reaching out to boc@legalaidocba.org.

Michael L. Resnick, Esq., is the housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1998.

Legal Aid Society of the O.C.B.A., Inc. Seeking Guardian ad Litem Litigation Director The Legal Aid Society of the Orange County Bar Association, Inc., in Orlando, Florida, provides civil legal assistance to very low-income residents primarily in family, housing, consumer, public benefits, and immigration law, and best interest representation of abused, abandoned, and neglected dependent children.

Services are provided by staff and large number of pro bono attorneys and other volunteers.

We are seeking an attorney with 5-7 years of experience to supervise and support the casework of staff and volunteer attorney guardians ad litem. The attorney will work with other staff to develop, implement, and evaluate the effectiveness of advocacy projects; develop and prepare grant applications; help establish annual project goals and objectives, and monitor the progress of staff in achieving those goals and objectives; and serve as a member of the overall management team.

Experience in juvenile dependency law, social work, or other children’s advocacy work is highly desirable but not required. Litigation, supervisory, and pro bono experience is required. Position requires excellent interpersonal and organizational skills. We are a general-delivery legal aid provider with 55 years of service in Central Florida with an integrated practice and strong pro bono involvement. Any hire will be required to work together as a team with our varied practice groups, local bar associations, and community-based organizations.

Bilingual in English and Spanish preferred but not required. Member of The Florida Bar in good standing required. Excellent benefits. We are an equal opportunity employer. Position is closed when filled.

Please forward cover letter, resume, and references to Mandy Silvestris, Legal Aid Society of the OCBA, Inc., 100 East Robinson Street, Orlando, FL 32801; fax to 407-648-9240; or email to asilvestris@legalaidocba.org and merazmus@legalaidocba.org. For information, call 407- 841-8310. theBriefs July 2018 Vol. 86 No. 6

www.orangecountybar.org

PAGE 15

Legal Aid SocietyWhat We Do...

Volunteer Moment

I Larri T. Thatcher, Esq.

n March of this year, long-term volunteer of the Legal Aid Society of the Orange County Bar Association, Inc., Dana Schmidt, was featured as one of the Community Volunteers of the Year in Orlando Family Magazine. Dana also volunteers for the Orange County Bar Association! Prior to retirement, Dana worked as a patent attorney at Johnson & Johnson and has sought various volunteer opportunities to keep him active. He began volunteering with the Legal Aid Society in 2009 as an intake client interviewer.

During Dana’s time at the Legal Aid Society, he has enjoyed the opportunity to learn from our staff attorneys and familiarize himself with

the areas of law that we handle. He is empathetic to our clients and their circumstances and has sought different ways to advocate for their rights.

He has even had occasion to contact his elected officials to seek changes for low-income individuals in Orange County.

Dana is a great example of volunteerism at its best: reliable, hardworking, and caring. All the agencies he has donated his time to have been fortunate as well as enriched to have his assistance.

The Legal Aid Society continues to seek retired attorney volunteers. If you or someone you know is interested, please contact Judy Kuhns at 407841-3156 or jkuhns@legalaidocba.org.

Larri T. Thatcher, Esq., is the director of intake, outreach, and community education at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 1995.

Dana M. Schmidt, Esq.

2018

PART 2 JULY - DECEMBER

July 10, 2018

Family-based Immigration

July 24, 2018

What’s in Your Closet? Unpacking Adverse Childhood Experience

August 7, 2018

Current Eviction Practices from the Tenants’ View

August 21, 2018

Nurturing Our Newborns: Advocacy in Early Childhood Court

September 11, 2018

Changing Your Name and Gender Marker. A Primer for Helping Transgender Individuals

September 25, 2018

It’s Gonna be Legend – Wait for it – Dary… Legendary! Mental Health Advocacy Outside of the Courtroom

October 9, 2018

Unified Family Court and DV

October 23, 2018

The Thrill of Victory and The Agony of Defeat - Adaptive Sports for Children with Disabilities

November 6, 2018

Guardianship of the Person

November 13, 2018

Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking

December 4, 2018

Mental Health Issues in Family Law Litigation

December 11, 2018

Is that Your Final Answer? Knowing What to Ask About the Regis Little Act

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO mcarbo@legalaidocba.org ctucker@legalaidocba.org merazmus@legalaidocba.org

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).

ALL TRAININGS HELD AT Marks Street Senior Complex | 99 East Marks Street | Orlando, FL 32803 | Cypress Room PAGE 16

www.orangecountybar.org

theBriefs July 2018 Vol. 86 No. 6

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www.orangecountybar.org

PAGE 17

Outstanding Executive Council Member Award

Awards presented by Richard S. Dellinger, Esq. Outstanding Service as a Committee Chair

Thomas B. Feiter, Esq. Solo & Small Firm Committee

Mary Ann Etzler, Esq., 2010-2018

Lee Anne Groover, Esq. Estate, Guardianship & Trust Committee

Presidential Leadership Award

Special Recognition

Ani RodriguezNewbern, Esq., 2017-2018 OCBA Foundation President Melody B. Lynch, Esq., 2017-2018 Legal Aid Society of the OCBA President

Karen L. Persis, Esq. Health & Wellness Committee

Keshara Davis Cowans, Esq., 2017-2018 Young Lawyers Section President

Outstanding Service Awards

Andrew P. Irvin, Esq. 2018 Law Week Co-chair

Mary J. Walter, Esq. 2018 Law Day 5k Co-chair

Not shown: Lorraine N. Pitre, Esq., 2018 Law Week Co-chair Nikki R. Rodeman, 2018 Law Day 5k Co-chair PAGE 18

www.orangecountybar.org

Téa Sisic, Esq., The Briefs, Associate Editor and Co-editor, 2014-2018

theBriefs July 2018 Vol. 86 No. 6

2018-2019 OCBA Installation and Awards Banquet

2018-2019 OCBA Foundation, Inc. Officers Eric B. Jontz, Esq., President Jessica A. Travis, Esq., Vice-President LaShawnda K. Jackson, Esq., Treasurer Ani Rodriguez-Newbern, Esq., Immediate Past President

May 24, 2018

The Ballroom at Church Street Sponsored by: LexisNexis, Orange Legal

Board of Directors The Hon. Andrew D. Cameron The Hon. Eric Eisnaugle The Hon. Bob LeBlanc Onchantho Am, Esq. Mark A. Buckles, Esq. Marc A. Consalo, Esq. Elizabeth Stevens Gillham, Esq. Divinne B. Joseph Smith, Esq. Daniel J. Kavanaugh, Esq. Fermin Lopez, Esq. Jennifer L. Morando, Esq. Alisia Adamson Profit, Esq. Sidney A. Román, Esq. Richard Dellinger, Esq. 2018-2019 OCBA President

2018-2019 Paralegal Section Officers Shannon E. Casey, FRP, President Meredith Zornek, FRP, Vice-President / President-Elect Kathy Adams, FRP, Secretary/Treasurer Paul Pelton, FRP, Immediate Past President Board Members Shannon Rush, FRP Cori Schlitt, FRP Paul Smith, FRP N. Renae Hicks, Student Representative 2018-2019 Legal Aid Society of the Orange County Bar Association, Inc. Officers Wynne E. McFarlin, Esq., President Kimberly E. Hosley, Esq., President-Elect Kristopher J. Kest, Esq., Treasurer Deborah Moskowitz, Esq., Secretary Melody B. Lynch, Esq., Immediate Past President Board of Trustees Joseph L. Amos, Jr., Esq. Jamie M. Blucher, Esq. Kirtus L. Bocox William A. Davis, Jr., Esq. Kathleen Downs Vincent Falcone, III, Esq. Suzanne E. Gilbert, Esq. Chris Pantano Belvin Perry, Jr., Esq. Elizabeth C. Plummer, Esq. Brandon M. Sapp, Esq. Jay W. Small, Esq. Anthony F. Sos, Esq. Ana E. Tangel-Rodriguez, Esq. Karl Watson

2018-2019 Young Lawyers Section Officers Jill D. Simon, Esq., President C. Andrew Roy, Esq., President-Elect Michael D. Barber, Esq., Treasurer Joey M. Chindamo, Secretary Heather M. Meglino, Esq., Communications Coordinator Keshara D. Cowans, Esq., Immediate Past President

Alisa, Rhys, and Richard Dellinger, Esq.

Board Members At-Large Stephanie N. Alcalde, Esq. Denise K. Beamer, Esq. Eric R. Elms, Esq. Brock A. Hankins, Esq. Connor S. Kelly, Esq. Rafael O. Rodriguez, Esq. Brandon M. Sapp, Esq. Jennifer Smith Thomas, Esq. Charity J. Tonelli, Esq.

Photos: Flo Boehm

theBriefs July 2018 Vol. 86 No. 6

www.orangecountybar.org

PAGE 19

Installation of 2018-2019 OCBA Foundation, Inc.

Installation of 2018-2019 Paralegal Section

Richard S. Dellinger, Esq. 2018-2019 OCBA President Liz McCausland, Esq. Immediate Past OCBA President Chief Judge Frederick J. Lauten Ninth Judicial Circuit

Photos: Flo Boehm PAGE 20

Photos: Flo Boehm www.orangecountybar.org

theBriefs July 2018 Vol. 86 No. 6

Installation of 2018-2019 Executive Council

Installation of 2018-2019 Legal Aid Society of the Orange County Bar Association, Inc.

Installation of 2018-2019 Young Lawyers Section

theBriefs July 2018 Vol. 86 No. 6

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theBriefs July 2018 Vol. 86 No. 6

Diversity & InclusionCommittee The Question Brigade: “Are You a Law Student?

Court Reporter? Interpreter?”

America has abysmally failed to have an honest and critical conversation about race. – George Yancy, author of Backlash: What Happens When We Talk Openly About Racism in America

E Nadia B. Ahmad, Esq.

Bernice Bird, Esq.

Abdelrahman M. Zeini, Esq.

ach question, each phrase, each refrain, each slur pierces like one thousand tiny needles to our core.

“Are you a law student?”

“Are you the court reporter?”

“Are you the interpreter?”

And the old adage: “Are you waiting for your attorney?”

Endless questions regarding the appearance of a non-traditional attorney exist that are intent on reinforcing the gendered and racial norms about the way a lawyer should look, not out of malice, but out of cognitive dissonance, lack of exposure, and willful ignorance. As a result, unyielding “truths” are born. If one has a youthful face, then one must be a law student. If one is a woman, then one must be the court reporter. If one appears to be ethnic, then one must be the interpreter. If one has a youthful face, is a woman, and appears to be ethnic, or otherwise deviates from the normal perception of “attorney,” then one must be a party waiting for the “real” attorney – also known as “the catchall” category.

Sadly, despite our accomplishments and the more than 111 years among us, we face these questions, or more, like an inquisition on a daily basis. We await the Spanish Armada of questions each time we embark into the legal professional setting.

Forget the thousands of dollars spent on acquiring the coveted letters “Esq.” after our names; we are constantly asked whether we are anything other than attorneys.

But, these questions are the answer as to why these questions even exist: There is a paucity of diversity among attorneys at large firms and law students at elite institutions in 2018.

And for these reasons we participate in diversity initiatives even as they exclude us, even as they ignore, and in most cases impede the progress we strive for within the legal system because of the structured marginalization of diversity initiatives.

The legal system was built for the monied, the landed, and the elite, but the law is to protect the most downtrodden and indigent. The law should be more than a figment of our imagination. We

theBriefs July 2018 Vol. 86 No. 6

want to be attorneys and legal scholars minus the hassle as to why we dare to go to court to represent our clients, why we dare to teach law students, why we dare to make policy, and why we dare to march on the nation’s capital. If we are questioned every time we walk in the room, then our case is questioned before we even open our mouths.

Is it too much to ask to be treated the same? Is it too much to ask that we are seen as equals instead as the token nuggets of diversity?

The aforementioned questions are an affront to our credentials, our degrees, our experience. The series of questions ransack the spirit of why we went to law school. If we are seen as law students instead of attorneys, we are the unlearned.

Responding to the why-are-we-in-the-room stare is tedious and wears on our collective and community psyches. Whether from a glare or gleaned from an instant moment of sizing us up, we face the brigade of questions so often, we ignore it. At the same time, the brigade of questions diminishes us, diminishes our effectiveness as advocates for our clients, for our causes, for our existence.

We are less than you, because you have made us that way through the hurling of microaggressions.

We did not bust our chops in law school to make one million bucks. We went to law school to get an ounce of fairness, a pint of equality, and a gallon of dignity. We went to law school to strive to be advocates for our communities. We went to law school to be the change we wanted in the world.

Stop the questions. Start the fairness and inclusion.

Nadia B. Ahmad, Esq., is an assistant professor of Law at Barry University School of Law. Professor Ahmad’s research explores the intersections of energy siting, the environment, and sustainable development and draws on international investment law and corporate social responsibility. She has published more than 30 scholarly articles and book chapters. In 2016, she was recognized by the Orlando Business Journal as a 40 Under 40 honoree for her leadership and community involvement. She has been a member of the OCBA since 2017.

Bernice Bird, M.S., Esq., LL.M., Bird Law Firm, LLC, is a marital and family lawyer. In addition, she provides legal aid to Mexican nationals at the Consulate General of Mexico and is an affiliate with the United Nations Global Compact. Ms. Bird provides community services as legal panel chair on the board of the Central Florida chapter of the ACLU and as co-chair on the Florida Bar Interna-

www.orangecountybar.org

continued page 32

PAGE 25

OCBA Mentoring Program Do you have wisdom & experience you could share with younger lawyers?

Could you use some guidance from an experienced lawyer?

If so, then this program is for you!

8th Annual Dodgeball Tournament

The Meglino Law, LLC Dodgeball Team: Amanda Sampaio, Esq.; Troy Culley; Heather Meglino, Esq.; Kayla Mudge, Esq.; Brooke Stanley; James Hohn

Special Feature continued from page 11

the type of case in which the order is being entered; the particular grounds for determining that the information is confidential; whether any party’s name is determined to be confidential and, if so, the particular pseudonym or other term to be substituted for the party’s name; whether the progress docket or similar reThe OCBA’s Mentoring Program is a four-month program in which mentors and mentees meet over the cords generated to document activity in the case are confidential; course of 16 weeks, on their own schedule, and discuss the particular information that is determined to be confidential; and identification of persons who are permitted to view the confithe practice of law. dential information. The court must also specifically find that (1) Both mentors and mentees must be OCBA members and the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests; must be practicing attorneys. All participants and (2) no less restrictive measures are available to protect those must submit the program application. Mentees are interests. The clerk then has to publish the information pursuant required to pay a nominal $20 fee. to subsection (e)(4), such that the order must be posted on the website and in a prominent place in the courthouse within 10 Mentor application due: July 27, 2018 days, and the order must remain in both locations for no less than Mentee application due: August 10, 2108 30 days. There are a number of provisions in subsection (e)(5) for vacating such an order. It is important to note that sanctions can August 27, 2018 – Program Begins be imposed pursuant to Rule 2.420(i) against a party or attorney August 30, 2018 – Kick-off Luncheon/OCBA Center who files either a (d)(2) Notice or a (d)(3) Motion in bad faith or without a sound legal or factual basis. Finally, in addition to December 14, 2018 – Program Concludes Rule 2.420, which is outlined above, Rule 2.425 contains rules January 2019 (date TBD) – Program wrap-up meeting regarding minimizing the filing of sensitive information and how to truncate certain names and numbers.

The commitment is minimal, David P. Hathaway, Esq., is the chair of Dean Mead’s Litigation Departbut the impact may be life-long! ment in Orlando. In addition, he leads the Trust and Estate Litigation PracThe OCBA Mentoring Program will begin in the fall to coincide with the bar’s New Lawyer Training Program.

For details and to download an application, go to: www.orangecountybar.org/mentoring

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tice Group. He represents corporations and business people to resolve difficult disputes in both state and federal courts. Mr. Hathaway also represents trustees, personal representatives, and family members regarding wills, trusts and estates. He counsels clients in intellectual property matters.

He has been a member of the OCBA since 2002. He may be reached at dhathaway@deanmead.com.

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YLS on the move

W

Heather M. Meglino, Esq. Passing of the Gavel Luncheon

Keshara Cowans, Esq. President 2017-2018 Jill D. Simon, Esq. President 2018-2019

elcome to my very first edition of “YLS on the Move!” My first order of business is to shout out Jen Smith Thomas, Esq. for her three years of service to this column!

On May 10, 2018, we hosted a book fair for Washington Shores Elementary to provide free books for all of the children! This was made possible by a grant we received from The Florida Bar Young Lawyers Division (shout out to YLD) and was even featured in The Florida Bar News.

Lowndes, Drosdick, Doster, Kantor & Reed, P.A., sponsored a fundraising happy hour, raising more than $1,700, and Allen, Dyer, Doppelt + Gilchrist, P.A., secured a donation of nearly 400 books! Thank you, Brian Lawrence, Esq., and Brandon Sapp, Esq., for organizing this amazing charitable event.

On May 17, 2018, young lawyers dodged, dipped, ducked, and dove in the 8th Annual Dodgeball Tournament held at the First Presbyterian Church of Orlando. The Umanksy Law Firm took home first-place team and the mostspirited team, but who is surprised to hear that?!

Andrew Irwin Esq.’s team, The Head Bandits, had an excellent showing, taking home the second-place trophy. Great job Arti Hirani, Esq., for putting on an awesome event and once again allowing the young lawyers to “leave it all on the court.” Thank you also to our wonderful sponsor, US Legal Support, for their ongoing commitment to this great event.

Coinciding with our Annual Dodgeball Tournament was our “End of Year Party,” held at Swiggs downtown to celebrate all that YLS accomplished in the last year over drinks and pizza. Thank you to Brittany Melendez, Esq., for throwing a great party and lining up our awesome sponsors: Nick Buoniconti Mediation Services, US Legal Support, Lynx Legal Services, and B4!

On May 18, 2018, YLS president Keshara D. Cowans, Esq., gave a heartfelt speech thanking all of YLS for an outstanding year as she passed the gavel to incoming president Jill D. Simon, Esq. Jill gave a great speech, expressing her desire

to continue with the great work that was done this past year and continue with #wedomore! Numerous YLS past presidents were in attendance to give Jill advice for her presidency and to kick off her year. Thank you everyone who attended!

On May 24, 2018, the OCBA held its 20182019 Installation and Awards Banquet. Keshara recapped our amazing year of great charity work, fun events, and reminded everyone one more time why #wedomore. On behalf of the 20172018 board and everyone at YLS, we thank Keshara for her hard work and commitment to YLS this past year.

The following YLS board members were sworn in officially for the 2018-2019 term: Officers: Jill D. Simon, Esq., president; C. Andrew Roy, Esq., president-elect; Michael D. Barber, Esq., treasurer; Joey Chindamo, Esq., secretary; Heather M. Meglino, Esq., communications coordinator; and Keshara D. Cowans, Esq., immediate past president. Board Members: Stephanie Alcalde, Esq.; Denise K. Beamer, Esq.; Eric Elms, Esq.; Brock A. Hankins, Esq.; Connor S. Kelly, Esq.; Rafael Rodriquez, Esq.; Jen S. Thomas Esq.; Brandon M. Sapp, Esq.; and Charity J. Tonelli, Esq. Save the Dates: July 13 – YLS Luncheon. 11:30 a.m. to 1:00 p.m., Citrus Club. Tara Tedrow, Esq., cochair of the Cannabis and Controlled Substance Group with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Topic: “Medical Marijuana: Clearing the Smoke on Florida’s Regulation.” A threecourse meal is only $10 in advance. Register by July 11 through the OCBA Store.

July 26 – 2018 Young Lawyers and Law Clerks Reception. 6:00 p.m. to 8:00 p.m. Orange County Regional History Center. Appetizers and drinks are included with admission. Free for law clerks; $10 for OCBA members, including judges, and guests who RSVP by July 13; the fee increases to $15 after July 13. Stay tuned for details in upcoming YLS email blasts, or contact Amber Williams, Esq., at amberwilliams@coyelaw.com for details.

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

Heather M. Meglino, Esq., is the owner of Meglino Law, LLC and has been a member of the OCBA since 2011.

Washington Shores Elementary School Book Fair Brandon Sapp, Esq.; Shont’a McCord; Brian Lawrence, Esq.; Denise Beamer, Esq.; Keshara Cowans, Esq.; C. Andrew Roy, Esq.

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SideBar

T

he beginning of summer may mean summer vacations and beach outings to many, but for our voluntary bar associations, it also means the beginning of new adventures as many of the organizations thanked their 2017-2018 board members and welcomed their 2018-2019 boards. Here is a glimpse of what some of our organizations have been busy doing this summer to help welcome their new boards while continuing to help those in our community.

Alena V. Baker, Esq.

CFACDL The Central Florida Association of Criminal Defense Lawyers (“CFACDL”) hosted guest speaker Richard Lubin Esq., on May 23, 2018 at the Sorosis Club. Mr. Lubin gave a fascinating presentation on the topic of cross examination.

In addition, CFACDL partnered with the Florida Rights Restoration Coalition to host the Second Chance Workshop on May 26, 2018 in Sanford.

The workshop was developed to assist people reentering society after dealing with criminal charges.

CFACDL was able to successfully assist people with getting their constitutional rights restored, registering to vote, and sealing and expunging their record.

Finally, CFACDL extends a warm congratulation to their newest board members, who were sworn in on June 13, 2018 at the Winter Park Farmers Market.

nemann and The Honorable Cynthia C. Jackson.

The Chambers Lunch series provides a unique opportunity for FBA members to get to know judges of the Orlando Division of the U. S. Court for the Middle District of Florida while networking with fellow practitioners.

In addition, the FBA teamed up with the Federal Court Practice Committee of The Florida Bar to jointly host a courthouse tour of the George C. Young Federal Courthouse on June 13, 2018. The tour was led by U.S. magistrate judge, The Honorable Daniel Irick.

Finally, on June 22, 2018, the FBA held two great events. First, the FBA hosted a Morning at the Federal Courthouse for summer associates and young lawyers. Then, at noon, the FBA hosted UNC School of Law Professor Michael Gerhardt, who is also special counsel to the U.S. Senate Judiciary Committee. Professor Gerhardt spoke about the transformation of the judicial nomination process and the federal judiciary.

CFAWL On June 1, 2018, the Central Florida Association for Women Lawyers (“CFAWL”) hosted a Judicial Candidates Forum at the Citrus Club. The event was a great opportunity to hear from the candidates interested in remaining in or obtaining a circuit or county court judicial seat.

Federal Bar Assocaition On June 7, 2018, Orlando Chapter of the Fed- In addition, on June 2, 2018, CFAWL members, eral Bar Association (“FBA”) hosted a Cham- along with the generous support of The Florida Bar bers Lunch featuring The Honorable Karen S. Jen- Young Lawyers Division, rolled up their sleeves to help create a therapy space at Samaritan Village.

Samaritan Village, which offers a recovCentral Florida Association for Women Lawyers ery program and therapeutic home for Judicial Candidate Forum adult survivors of sexual trafficking, is one of Central Florida's only long-term residential programs for survivors of sex trafficking.

On June 20, 2018, CFAWL invited its members to eat, drink, be merry, and raise funds by hosting their annual Auction for Action at Ace Café in downtown Orlando. The event helped to support CFAWL’s charitable endeavors, including raising funds for A Place for Children, which is the free daycare in the Orange County Courthouse, and the CFAWL Bar Study Scholarship. Emcees Barbara Leach, Esq., and The Honorable Diana M. Tennis kept things entertaining!

CFAWL members were feeling lucky on June 27, 2018 during their Texas Hold ‘Em Poker Tournament, which was graciously hosted by Charity Tonelli, Esq. Jordan Ostroff, Esq.; Heather Trick, Esq.; Kathleen Shea, Esq.; Natalia Scott, Esq.; Katy McGinnis, Finally, CFAWL extends a special Esq.; David Varet, Esq.; Kirsten Blum, Esq.; Kathy Smith, Esq.; and The Hon. Adam McGinnis thanks to Mary Ann Morgan, Esq., for PAGE 28

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hosting a “Toast to the Board” evening on June 28, 2018. Last year’s board members were thanked for a job well done, and the incoming CFAWL board was welcomed and wished well.

And as if all of this wasn’t enough, in June CFAWL members Heather Meglino, Esq., Celeste Thacker, Esq., and Jessica Thomas, Esq., received the Leader in the Law Award from the statewide Florida Association for Women Lawyers, and CFAWL received the Outstanding Member Program Award for its CFAWL Advisory Program, which provides a panel of attorneys to any member who wants confidential advice and guidance for work issues from sexual harassment to putting together a presentation to requesting a raise. CFAWL president Kimberly Hosley, Esq., was sworn in as state FAWL treasurer, and CFAWL member Traci Deen, Esq., was sworn in as FAWL legislative director.

Central Florida Association of Criminal Defense Lawyers Florida Rights Restoration Coalition

GOAABA On May 24, 2018, the Greater Orlando Asian American Bar Association (“GOAABA”) hosted a happy hour at Bulla Gastrobar in Winter Park. The event helped to close out the 2017-2018 membership year and get a head start on the 2018-2019 year.

Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com.

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is currently the chair of the Criminal Law Committee of the OCBA.

Greater Orlando Asian American Bar Association Happy Hour

Annie Kwong, Esq.; Ani Rodriguez-Newbern, Esq.; Brandon Sapp, Esq.; Liz McCausland, Esq.; Vanessa Alexandra, Esq.

Top: Tracey Kagen, Esq.; Ali Kamalzadeh, Esq. Bottom: Ali Kamalzadeh, Esq.; Amanda Sampaio Bova, Esq.

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Diversity & InclusionCommittee

T Onchantho Am, Esq.

Intern for a Day

his past January’s Central Florida Diversity & Inclusion Picnic served as the inspiration for an event entitled “Intern for a Day.” The idea was developed after a conversation among a law student, The Honorable Leticia Marques, and The Honorable Tina Caraballo brought to light the challenges students face if they commit to an unpaid internship while attending law school and working full time.

Ani Rodriguez-Newbern, Esq., then-president of the Hispanic Bar Association of Central Florida (“HBACF”), learned of the students’ concerns and, along with The Honorable Gisela Laurent, formed an HBACF committee to determine

how to address the matter. They brainstormed and came up the Intern for a Day event, which provided an opportunity for interested college or law students to learn what takes place in a courtroom. The March 15, 2018 event was a spectacular success, with interns interacting with judges in various court divisions. Chief Judge Frederick J. Lauten of the Ninth Circuit joined the group for lunch and discussed career paths with the law student interns. The HBACF hopes to continue the event for years to come.

Onchantho Am, Esq., is the chair of the OCBA’s Diversity & Inclusion Committee. She has been an OCBA member since 2016.

The Young Lawyers Section of the Orange County Bar Association Presents the Thursday, July 26, 2018 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, 2018 *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.

Please RSVP by July 13 to Amber Williams at amberwilliams@coyelaw.com. Pay at the door with cash, check, or credit card.

Send early payment by check made payable to OCBA YLS and mail to: Attn: Amber Williams, Coye Law Firm, 730 Vassar St., Orlando, FL 32804.

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ParalegalPost The OCBA Paralegal Section: Strong, Active, and Engaged

T Paul Pelton, FRP

he OCBA Paralegal Section has enjoyed a busy and productive year, and it has been my distinct honor and privilege to have served as its president. Our section is strong, active, engaged, and accomplishing great things.

During 2017-2018 bar year, we established initiatives that have enhanced the paralegal community on local and statewide levels, including developing new student memberships and engaging paralegal students through mentorship; developing quality CLEs; increasing member communication and services; and supporting our representatives at The Florida Bar. To develop new student memberships, I met regularly with the students and faculty of Valencia College and Rollins College in an effort to familiarize them with the benefits of OCBA membership. In July, we welcomed 25 new student members, and in August we held a social event where student members met job-placement representatives, as well as law-firm administrators and HR personnel. Students have continued to join the OCBA, and we look forward to these paralegalsof-tomorrow becoming part of the OCBA community.

In addition, I had the opportunity to discuss the benefits of mentorship with the students. Our Mentorship Program, although small, continues to generate interest and is committed to promoting paralegal career development and professionalism. We invite experienced paralegals to become mentors and encourage student members and junior paralegals to become mentees. The program is open to OCBA paralegal students, recent graduates, those seeking a change in their area of legal focus, and individuals new to the Orlando area. We endeavor to match mentors with mentees based upon level of experience, specific areas of legal specialization, demographics, and other areas of compatibility. For more information, please visit the OCBA website and download our Mentorship Program Guide.

We worked hard to develop quality CLEs for our members, bring in well-qualified speakers to present topics of interest to both paralegals and attorneys – something other than the runof-the-mill eDiscovery or copy-service presentation – through our Lunch & Learn events and our 2018 Annual Seminar. As a result, nearly all of our Lunch & Learn events sold out! I would like to thank Lori Spangler, FRP, our founding

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president, for her hard work in bringing excellent guest speakers to our Lunch & Learn events, and our friends at Greenberg Traurig, P.A., for hosting them.

With regard to our 2018 Annual Seminar, I had the privilege of working with fellow board members, Shannon Casey, FRP, and Misty McGlothern, FRP, along with our consummate event planner, Sandy Pelton. This day-long seminar offered 11 CLE credit hours and drew paralegals and attorneys from throughout the state. This was a major undertaking, and Shannon and Misty worked very hard to make this event a huge success. And, it is impossible to underestimate the efforts of immediate past president, Meredith Zornek, FRP, in getting our CLE credits approved by The Florida Bar. We supported our representatives at The Florida Bar by sending Paralegal Section board members to the June FRP Standing Committee Meeting in Boca Raton. The show of support by our board and section members, and from paralegals throughout Florida, has had an effect, and positive changes are under way at The Florida Bar for the paralegal community.

To enhance member services, we focused on communication in order to keep members informed, involved, and inspired. Paul Smith, FRP, and Earl Lugo headed up a Membership Committee and reached out to each person on our membership roster to update their contact information and personally welcomed new members.

In early December, we hosted our annual Joy of Giving event with Toys for Tots at the Citrus Club. We enjoyed a great time of delicious food, relaxing entertainment, and great fellowship with paralegal members, attorneys, and members of the judiciary. Marines were on hand to receive the donated toys, and we were grateful for such a wonderful outpouring of generosity. A big “Thank You!” goes to Lori Spangler, FPR, and Anne Fisher, FRP, for planning such a beautiful event.

It has been my honor to serve as president of the OCBA Paralegal Section this past year and to accomplish the goals we set. I wish to thank my fellow section board members for their participation and support, and the OCBA executive council, executive director, Kim Homer, Esq., and the dedicated OCBA staff for their support. I wish to continued page 32

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President’sMessage continued from page 3

2010, Judge John M. Kest started a weekly training program for younger lawyers called simply, "Judge Kest’s Brown Bag Lunches."

The one-hour seminars focused on discovery motions practice, trial preparation, and trial presentation. The materials were posted online and countless young lawyers benefited from the training. We are fortunate that Judge Bob Egan and Judge Bob LeBlanc continue this program today with their “Brown Bagging with the Bobs” seminars. The programs presented by Judges Egan and LeBlanc are a good example of the commitment of our judiciary to training our lawyers.

The Orange County Bar Association is rightfully proud of its YLS, its New Lawyer Training Program, and its mentorship program.

As more and more lawyers enter the practice, and more and more lawyers lack established mentorship and training programs, our bar will do its best to bridge that gap. In order to do so, we need a commitment from our members to get their younger lawyers involved in the bar, to mentor a new lawyer, to train a new lawyer, and to help a new lawyer when you see him or her struggling. Together, we will prepare the next generation of lawyers.

Richard S. Dellinger, Esq., a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., practices in the litigation department in the areas of business litigation, trust and estate litigation, and significant dissolution of marriage. He has been a member of the OCBA since 1999.

Diversity & InclusionCommittee continued from page 25

tional Law Section’s Committee for Public International Law, International Human Rights, and Global Justice. She has been a member of the OCBA since 2015.

Abdelrahman M. Zeini, Esq., The Zeini Law Firm P.A., received his Juris Doctor from Florida A&M College of Law, graduating magna cum laude.

He was a member of the law review. Mr. Zeini earned a bachelor of business administration with a concentration in economics from the University of Florida. He owns a real estate brokerage, is a Florida Attorney Generalappointed Lemon Law arbitrator, and teaches real estate law at Valencia College. He has been a member of the OCBA since 2017.

ParalegalPost continued from page 31

thank my employer, The Maher Law Firm, for its generous support and for allowing me the time to serve the members of the Paralegal Section.

Great things are in store for the OCBA Paralegal Section and its members, and I look forward to continued membership and participation.

Paul Pelton, FRP, The Maher Law Firm, is the immediate past president of the OCBA Paralegal Section. He has been a member of the OCBA since 2015.

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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Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership.

Vaunda Lyles • 407-925-3398 • vaunda.lyles@thomsonreuters.com Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979.

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Florida Lawyers Mutual Insurance Company – Created by The Florida Bar to provide high quality professional liability insurance and guaranteed personal service!

541 E. Mitchell Hammock Rd., Oviedo, FL 32765 • 800-633-6458 • mailbox@flmic.com

•Office Equipment/Services/ Personal Services• Save with National Purchasing Partners (NPP) Visit: mynpp.com for details / eligibility / enrollment Discounts available, include: DocuSign • Verizon Wireless • Best Buy for Business • Office Depot • Toll-free audio conferencing • Expedia • 1-800-FLOWERS and 1-8800-Baskets • DentalPlans (chosse from over 30 plans) • Skechers • Sherwin Williams.... and more Visit NPP to learn more and start saving!

Business Valuations ❙ Forensic Accounting Elder Care ❙ Divorce Consulting ❙ Fraud Examination Litigation Support ❙ Economic Damages

The businesses 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.

PAGE 32 www.orangecountybar.org

theBriefs July 2018 Vol. 86 No. 6

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DESIGNED BY

11th AnnuAl

Breakfast of Champions

407-290-5800

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

Thursday, November 8, 2018 7:30 a.m. until 9:00 a.m.

Doors open at 7:00 a.m. for networking Location TBA Reservations Required

SPONSORSHIPS INCLUDE:

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

Platinum - $10,000 Gold - $5,000 • Silver - $2,500 Copper - $1,000 • Bronze - $500

Recognition in the BRIEFS magazine and at the event on overhead screens.

Larger sponsors receive longer airtime & larger print font in marketing materials.

FOR MORE INFORMATION CONTACT:

theBriefs July 2018 Vol. 86 No. 6

SPONSORSHIPS AVAILABLE:

For sponsorship or to make donations, visit: www.legalaidocba.org Go to Donate, click on Breakfast of Champions and fill out 2018 Sponsorship information.

www.orangecountybar.org

PAGE 35

Ne w M e mbe rs Attorneys

Affiliates

William D. BATES

Naixa BRIGNONI

Benjamin G. CHASE

Katherine M. SPERA

Juan C. De La TORRE

Law Students

Kelly M. FORST

AlaEldean A. ELMUNAIER

Brian D. GOTTLIEB

David A. KROGH

Thomas C. GREENE

Paralegal Student

Kyle M. KENNELLY Michael J. MacDONALD

Mara D. ARVIN

Daniel J. MORGAN Nicholas A. ROBINSON

Bring your lunch and pick up great practice pointers!

July 9: Judicial

Pet Peeves: How to Stay in the Court’s Good Graces

12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org

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.

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of the Orange County Bar Association, Inc. Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.

2-9 Members Allen, Miller & Diaz, P.A. Allen, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Arwani Nava Law Firm PLLC Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Beshara, P.A. Billings, Morgan & Boatwright, LLC Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. Cynthia Conlin & Associates DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A.

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Francoeur Law Firm Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Hale, Hale & Jacobson, P.A. Harris Harris Bauerle Ziegler Lopez Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. 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 Amber Jade F. Johnson, P.A. Law Offices of Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Mark L. Horwitz, P.A. Lewis & Crichton Lim Law, P.A. Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A.

N. Diane Holmes, P.A. O’Mara Law Group Provencher & Simmons, P.A. Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Small Business Counsel Southern Trial Counsel Sperling Ducker, P.L.C. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Benenati Law Firm The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Llabona Law Group The Orlando Law Group The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

fs July 2018 Vol. 86 No. 6

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Events July 26 – 2018 Young Lawyers & Law Clerks Reception.

6:00 p.m.-8:00 p.m. Orange County Regional History Center.

Free for law clerks; $10 for all others for RSVPs made by July 13. RSVP to Amber Williams at amberwilliams@coyelaw.com.

Aug. 7 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center.

Speakers: David A. Yergey, Jr., Esq., and David A. Yergey, III, Esq. Register by Aug. 6 through the OCBA Store.

Aug. 22 – OCBA Annual Trivia Contest. Ace Café. Sponsored by Milestone Reporting and Colling Gilbert Wright & Carter. Details to come.

Seminars July 9 – Judicial Pet Peeves: How to Stay in the Court’s Good Graces. Brown Bagging with the Bobs. 12:00 p.m.1:00 p.m. Orange County Courthouse 23rd Floor Judicial Conf.

Room. CLE: 1.0 ethics (pending). Free. Speakers: The Hon. Bob LeBlanc; The Hon. Bob Egan. RSVP to Cindy Brown at ctjacb1@ ocnjcc.org.

July 10 – Family-based Immigration. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Ana Bernal Roberts, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 17 – Guardianship and Guardianship for the Elder Law Practice. Elder Law Committee and Estate, Guardianship & Trust Committee Seminar. 11:30 a.m.-1:30 p.m. OCBA Center. CLE: 2.0 (pending). Fee: Free (OCBA members); $15 (non-members). Speaker: Heidi W. Isenhart, Esq. Sponsored

by ShuffieldLowman. Register by July 12 through the OCBA Store.

July 24 – What’s in Your Closet? Unpacking Adverse Childhood Experience. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: J.J. Lullen, LAS staff case coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 25 – Social Media Series Part 1: Attorney Conduct.

Professionalism Committee Seminar. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0 general, including 1.0 technology and 1.0 ethics (approved). Fee: Free (OCBA members); $15 (nonmembers). Speakers: Paul Lipton, Esq., and Keshara Cowans, Esq. Sponsored by Martindale-Hubbell. Register by July 23 through the OCBA Store.

July 27 – Automatic Stay and the Bankruptcy Legal Field.

Bankruptcy Law Committee Seminar. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0 general (approved). Fee: Free (OCBA members); $15 (non-members). Speaker: Linda Elizabeth Coco, Esq. Register by July 25 through the OCBA Store.

Aug. 1 – Business Law Committee Seminar. Details to come.

Aug. 3 & 4 – New Lawyer Training Program. 9:00 a.m.-5:00 p.m. OCBA Center. Learn how to navigate the courts and get tips on starting your own practice. CLE: 7.0. Speakers include judges, judicial assistants, attorneys, and law practice services vendors. Fee: $175 (OCBA members and students); $195 (non-members). Breakfast, lunch and receptions included.

Sponsored by Florida Lawyers Mutual Insurance Company; Martindale Legal Marketing Network; Westlaw, Milestone Reporting. Register by Aug. 1 through the OCBA Store. See ad on page 8.

Aug. 7 – Current Eviction Practices from the Tenants’ View. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. CLE: 1.0 (pending). Speaker: Mike Resnick, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Aug. 13 – Elder Law Committee and Estate, Guardianship & Trust Committee Seminar. Details to come.

Aug. 15 – Professionalism Committee Seminar. Details to come.

Aug. 17 – Family Law Committee Seminar. Details to come.

Aug. 21 – Nurturing Our Newborns: Advocacy in Early Childhood Court. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. CLE: 1.0 (pending). Speakers: Jonathan Neyer, Esq.; The Honorable Alicia Latimore. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Aug. 24 – Labor & Employment Committee Seminar. Details to come.

Aug. 28 – Using Microsoft Applications to Run an Efficient and Organized Law Practice. Technology Committee Seminar. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 2.0 general, including 2.0 technology (approved). Fee: Free (OCBA members); $15 (non-members). Speakers: Sonny Vitale, Esq.; Lisa Gong Guerrero, Esq.; Barbara J. Leach, Esq. Register by Aug. 12 through the OCBA Store.

Aug. 31 – Bankruptcy Law Committee Seminar. Details to come.

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

An n o unce ments

theBriefs July 2018 Vol. 86 No. 6

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PAGE 37

CLASSIFIED ADS EMPLOYMENT

plans, and the administration of large estates and trusts AV MULTI-PRACTICE FIRM as part of a collaborative needs litigation attorneys and client-focused team. with minimum three years’ Also, the associate will draft insurance defense experience complex legal documents, for the following practice prepare estate and gift tax areas: general liability; auto; returns, and communicate commercial transportation; with clients and colleagues premises liability. Candidates to meet our clients’ goals. should have proven track Qualifications: An LL.M. in record and a strong work Taxation is required for this ethic. Excellent opportunity position. Candidates must for the right candidate. Please be organized, efficient, email detailed resume to and detail oriented, with hrf@awtspa.com. the ability to prioritize and OCBA VOLUNTEER handle a large case load.

POSITION: The Orange Candidates should also have County Bar Association’s the desire to develop new Lawyer Referral and business and build a practice.

Information Service (LRIS) To be considered for this department can use the position, please submit a support of a few talented cover letter describing your individuals who would interest in the position and like to work in a friendly, your qualifications, along professional office setting. with your current resumé to Volunteers assist with jobs@deanmead.com. Dean screening the LRIS calls to Mead is an Equal Opportunity determine whether a referral Employer. to an attorney is appropriate.

SPECIALTY DEFENSE FIRM The ideal candidate is handling first party property/ comfortable answering liability coverage issues and a high volume of calls, complex contractual/tort utilizing an online database litigation seeks attorneys for and has excellent customer its Maitland office. Insurance service skills. This is a great defense experience preferred. opportunity for a retired Fax/Mail resume to: Office attorney to get involved and Manager (407) 647-9966, The give back to the community.

Rock Law Group, P.A., 1760 For more information, please Fennell St., Maitland, Florida contact Candice Maull 32751 at candiced@ocbanet.org.

BI ATTORNEY NEEDED: ASSOCIATE ATTORNEY – Established insurance defense ESTATE AND SUCCESSION law firm seeks trial attorney PLANNING Dean Mead, with 7+ years of trial practice P.A., a prominent mid-sized experience. The candidate firm with offices throughout must have significant first Florida, is seeking an chair experience at trial associate with up to 5 and should anticipate years’ experience in estate immediately preparing for planning and estate and and attending trial. A very trust administrations to join lucrative compensation its Estate and Succession package is available for the Planning Group in Orlando. right person. Send resumes The associate will work on to mheaberlin@gobelflakes. sophisticated estate plans, com. family business succession PAGE 38

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

HEALTH ATTORNEY FOR SMALL LAW FIRM concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 3313030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE. DSK LAW IS LOOKING FOR a Florida licensed attorney with 2 to 5 years of civil litigation experience for its Orlando office. The attorney will primarily focus on insurance defense litigation.

A successful candidate should be able to handle multiple cases, communicate well with the firm’s clients, write effectively, and be engaged in trial work. We are seeking motivated individuals who are looking to grow with the firm. We offer a comprehensive compensation package, to commensurate with your experience and accomplishments. Please send your resume to Judy Ellis at jellis@dsklawgroup.com.

OFFICE SPACE/SALE/ RENT/LEASE ATTORNEY SUITES; single office to multiple offices with conference room, reception area, bathroom, ability for case-sharing and referrals.

Plenty of parking. Located 20 minutes from both Seminole and Orange County Courthouses. Additional services available. Charming neighborhood. For further rental information (407) 8349494.

www.orangecountybar.org

OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking.

Conference and kitchen facilities. Copier/fax available.

Reception area. Please call John Pierce at (407) 898-4848.

LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area.

Completely Renovated/ Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free - $745.00, plus tax. Parking included. (407) 648-1500.

DOWNTOWN OFFICE AVAILABLE. 11th floor.

Views of Lake Eola and downtown. Ample parking.

Includes secretarial stations with receptionist, telephone, internet, copier. Please call 407-792-1285.

OFFICE SPACE AVAILABLE, up to 831 square feet within shared suite of offices, downtown Orlando tower, easily accessible, fitness center on property, within walking distance to Lymmo, Sunrail, City Hall, Performing Arts Center, and restaurants.

Conference room, kitchen, receptionist, electric, internet, phone, fax, copier, on-site parking available. Inquiries: 407-843-7300.

MELBOURNE LAW OFFICE - SPACE AVAILABLE. Close to I-95 and Viera Courthouse.

Includes signage, use of 3 conference rooms, copy center, reception, phones, WIFI, network capability, referral potential and more. Steve Charpentier 321-258-8448.

PROFESSIONAL OFFICE SPACE AVAILABLE, 800 sq/ft. Furnished offices.

Kitchen. Ample parking.

Two conference rooms.

Email Kristin at kstaley@ crewsandpesquera.com. theBriefs July 2018 Vol. 86 No. 6

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

Available to accept referrals, consult or co-counsel on cases involving physicians, nurses, health professionals or health facilities. Referral fees paid in appropriate cases.

George F. Indest III, J.D., M.P.A., LL.M.

Lance O. Leider, J.D., LL.M.

• Board Certified by The Florida Bar in Health Law • More than 30 years of legal experience • LL.M. from George Washington University • Admitted in Florida, Louisiana and D.C.

• B.A., University of Florida • J.D., Barry University School of Law • LL.M. from Loyola University Chicago School of Law’s Beazley Institute for Health Law and Policy

• Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

• Medicare/Medicaid Audit Defense • Professional Licensing • Medical Malpractice Defense

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM theBriefs July 2018 Vol. 86 No. 6

www.orangecountybarrg

PAGE 39

OCBA Calendar

July 12, 2018

Judicial Candidate Forum

JULY - AUGUST

July

3

Professionalism Committee Meeting 12:00 p.m. • OCBA Center

4 Criminal Law 5 Committee Meeting

Independence Day

OCBA Center Closed 12:00 p.m. • OCBA Center

Brown Bagging with 9 the Bobs Judicial Pet Peeves: How to Stay in the Court’s Good Graces

12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

10

LAS Lunchtime Training Family-based Immigration 12:00 p.m. • Marks Street Senior Center

Executive

11 OCBA Council Meeting

4:30 p.m. • OCBA Center

12

OCBA Luncheon Judicial Candidate Forum 11:30 a.m. • Embassy Suites • 191 E. Pine St., Orlando Social Security Committee Meeting 12:00 p.m. • OCBA Center Family Law Committee Board Meeting 12:00 p.m. • OCBA Center

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

Law

18 Appellate Committee Meeting

12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Judicial Relations Committee Meeting

12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Elder Law Committee Meeting 12:00 p.m. • OCBA Center Luncheon

20 YLS 11:30 a.m. • Citrus Club Training 24 LAS Lunchtime

What’s in Your Closet?

Unpacking Adverse Childhood Experience 12:00 p.m. • Marks St. Senior Center

25 Professionalism Committee Seminar

Social Media Series Part 1: Attorney Conduct 12:00 p.m. • OCBA Center

Young Lawyers

26 2018 & Law Clerks Reception 6:00 p.m. • Orange County Regional History Center

Law

27 Bankruptcy Committee Seminar

Automatic Stay and the Bankruptcy Legal Field 12:00 p.m. • OCBA Elder Law Committee Center and Estate, Guardianship & Trust Committee Seminar Guardianship and Guardianship for the Elder Law Practice 11:30 a.m. • OCBA Center

17

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The Embassy Suites 11:30 a.m.-1:00 p.m.

191 E. Pine St., Orlando, FL 32801 RSVP by July 9, 2018 orangecountybar.org/store

Co-hosted by Tiger Bay Club of Central Florida August Sponsored by Orange Legal Business Law

1 Committee Seminar

TBD • OCBA Center

3 &New4Lawyer Training Program 9:00 a.m. • OCBA Center Member Perks 7 Speaker Series

8:00 a.m. • OCBA Center LAS Lunchtime Training Current Eviction Practices from the Tenants’ View 12:00 p.m. • Marks Street Senior Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center

Professionalism Committee Seminar TBD • OCBA Center

Law

17 Family Committee Seminar

TBD • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club

Training 21 LAS Lunchtime

Nurturing Our Newborns: Advocacy in Early Childhood Court 12:00 p.m. • Marks Street Senior Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center

OCBA Executive 8 Council Meeting

Trivia Contest

22 Annual Ace Café • TBD Luncheon

23 OCBA Embassy Suites

Social Security 9 Committee Meeting

& Employment

24 Labor Committee Seminar

4:30 p.m. • OCBA Center 12:00 p.m. • OCBA Center Family Law Executive Board Meeting 12:00 p.m. • OCBA Center

Downtown Orlando • 11:30 a.m.

TBD • OCBA Center

28 Technology Committee Seminar

Using Microsoft Applications to Run and Efficient and Organized Law Practice Elder Law Committee 12:00 p.m. • OCBA and Estate, Center Guardianship & Trust Bankruptcy Law Committee Seminar

Committee Seminar TBD • OCBA Center TBD • OCBA Center Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, For seminar updates, Drosdick, Doster, please see the OCBA Store Kantor & Reed, P.A. at orangecountybar.org/ Elder Law Committee store.

Meeting 12:00 p.m. • OCBA Center

13

31

15

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theBriefs July 2018 Vol. 86 No. 6