Orange County Bar Association - The Briefs - July 2019

2019-2020 OCBA Executive Council Inside this Issue: President’s Message Tony Time Anthony F. Sos, Esq.

July 2019 Vol. 87 No. 6

Professionalism Committee Knowing What’s Right, Doing What’s Right Robert W. Borr, Esq.

Chief ’s Column With Gratitude to My Mentors The Honorable Donald A. Myers, Jr. Special Feature The OCBA Mentoring Program Kristopher J. Kest, Esq. Kate T. Hollis, Esq.

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SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Orlando 407 841 9866 theBriefs July 2019 Vol. 87 No. 6

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the Briefs

Contents 3

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Legal Aid Society What We Do...

Small Business, Big Dreams Laura M. Gutierrez, Esq.

President’s Message Tony Time Anthony F. Sos, Esq.

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Editor Kate T. Hollis

Associate Editors Karen L. Middlekauff & Robyn M. Kramer

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Professionalism Committee Knowing What’s Right, Doing What’s Right Robert W. Borr, Esq.

Hearsay Columnist Linnea M. Eberhart

2019-2020 Installation & Awards Luncheon

YLS on the Move Heather M. Meglino

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OCBA Luncheon The Honorable Donald A. Myers, Jr. Chief Judge, Ninth Judicial Circuit Passing of the Gavel

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Chief’s Column With Gratitude to My Mentors The Honorable Donald A. Myers, Jr.

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Special Feature The OCBA Mentoring Program Kristopher J. Kest, Esq. Kate T. Hollis, Esq.

SideBar Alena V. Baker

YLS on the Move Heather M. Meglino, Esq.

w OFFICERS Anthony F. Sos, President LaShawnda K. Jackson, President-elect Eric C. Reed, Treasurer Karen L. Persis, Secretary

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Paralegal Post A Message from the 2019-2020 Paralegal Section President Cori Schlitt, FRP, CP

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Solo & Small Firm Committee How to Build Your Practice One Shoe at a Time Jordan M. Ostroff, Esq.

w EXECUTIVE COUNCIL Jared A. Brooks Euribiades Cerrud, II Keshara D. Cowans Amber N. Davis Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Fermin Lopez Gary S. Salzman Jessica A. Travis William D. Umansky M. Ryan Williams Richard S. Dellinger, Ex-officio C. Andrew Roy, YLS President

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Hearsay...

Linnea M. Eberhart, Esq.

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Intellectual Property Committee Using the Lanham Act to Combat Misleading Online Reviews Gregory W. Herbert, Esq.

SideBar Alena V. Baker, Esq.

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Legal Aid Society Teaching Tips Collaboration: The Key to Success for Children with Special Needs Mexcye C. Roberts, Esq.

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Legal Aid Society News It Takes a Village: Elevating Foster Youth Through Advocacy and Community Partnership Katie M. Pareja, Esq.

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New Members

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Events & Seminars

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w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Joan Giovanni w Publication Services Peggy Storch

Classifieds

40 Calendar

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

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 ©2019 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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©2019

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President’sMessage

July 2019 W Anthony F. Sos, Esq.

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Tony Time

hy would I title the “President’s Message” “Tony Time,” and what on earth does that mean? (Stay with me, it’s not as self-aggrandizing or trivial as it may sound!)

Not long after I moved back to Orlando and joined my firm in 2004, I was asked to participate in a trial and deliver the opening statement. It was a complex wrongful death case involving a whole host of issues, and I knew it would take some time to get my thoughts together to properly prepare. I did not know it at the time, but the problem I was encountering every time I wanted to sit down and prepare was simple: too many distractions: e-mails, calls to the office phone, calls to the cell, coworkers popping in, text messages. Day after day I promised myself that this was the day I would get it done.

Two weeks later, still no opening statement.

Finally fed up with the endless distractions of daily office life, I grabbed my materials and left.

Not sure where I was headed, I later found myself in the coffee shop of a chain bookstore. I put my phone away, put headphones on, and got to work.

What a great move that turned out to be.

Transporting myself to a different location allowed me to block out the distractions of the office and make real progress. A project that had been weighing on me for weeks took only about three hours to complete.

Upon my return to the office, Ken McKenna (not one to let a young lawyer’s absence go unnoticed) quizzed me about where I had been. After explaining that my much-needed change of scenery led to three solid hours of productivity, he dubbed such future sojourns “Tony Time.”

Why am I sharing this story? Yes, we all know by now – eliminate distractions, get more work done. But for me, it’s much more than that. I’ve found that if I create the right space for myself, I get my best and most creative work done.

Practicing law is a tough business. We have to balance a lot personally and professionally – managing deadlines (often beyond our control), meeting client expectations, building a case, making overhead, networking – all while trying to maintain healthy relationships with colleagues, friends, and family. It can be overwhelming.

But practicing law offers great things, too. My favorite part of practicing law is reaching the Aha! moment in a case – figuring out the best argument to win. I bet everybody reading this article knows what www.orangecountybar.org

I am talking about… that moment when a great idea or argument crystalizes, and you know it will have a big impact on the case. Perhaps amidst all the chaos and pressure, ideas do actually percolate. But it usually takes finally pushing aside all the noise for me to find that key piece of evidence that breaks open a case, land on the theme that will resonate with the jury, or see a settlement strategy. In short, most of my Aha! moments occur during “Tony Time.”

One experience in particular crystallized in my mind that this process offers the best part of what I do.

I represented a client in a medical negligence case against a chiropractor. Brace yourself; it is a sad case.

My client became permanently paralyzed from the chest down after undergoing a chiropractic manipulation treatment. The doctor vehemently denied any wrongdoing or that his manipulation caused the paralysis. I was scheduled to take his deposition, which I anticipated would be unusually adversarial.

Given the defenses raised, I knew the deposition was crucial. I needed to be extra prepared, with a strong command of the facts, the timeline, the medical history, and the standard of care. But as the deposition date approached, those pesky little distractions began raising their ugly heads. Enter “Tony Time.”

Creating space away from the office once again allowed me to be laser-focused. In the midst of that focused preparation, I picked up on something very subtle that I may not have otherwise observed.

It appeared that the doctor had self-servingly altered his medical records to cover up what actually happened. Aha! Case cracked. Not to make light of a very serious matter, but think of the scene in My Cousin Vinny where Joe Pesci tells Marisa Tomei she cracked the case with the picture she took of him in the shower behind the curtain.1 Except, this time, these altered records really did crack the case.

I doubt I would have zeroed in on them the way I did had I not gotten away from the distractions.

We live in a fast-paced world with concentration becoming a lost art. I submit to you, though, whether you are working out a complex legal problem or wrestling with a personal issue, you are more likely to find your best answers with a little bit of your own “Tony Time.”

Make space. Pause. Reflect. Your best ideas will come!

Anthony F. Sos, Esq., is a partner at Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. He has been a member of the OCBA since 2005.

See http://www.bing.com/search?q=the+case+cracker+my+cousin +vinny&FORM=AWRE.

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ProfessionalismCommittee

T Robert W. Borr, Esq.

Knowing What’s Right, Doing What’s Right

he Professionalism Committee wrapped up the 2018-2019 year under the leadership of the Honorable Amy Carter. Special thanks go to Judge Myers, Judge Calderon, Judge Alvaro, and Judge Weiss, who graciously spoke at various seminars throughout the year. We kicked off this year with a Fireside Chat CLE program presented

by Paul Lipton and Patti Savitz.

The chair of the Professionalism Committee for the 2019-2020 year is Robert Borr, who practices in the areas of real estate, securities law, business, and civil litigation. Lisa Thomas, who practices in the area of personal injury and products liability law at Colling Gilbert Wright & Carter, is the committee’s vice chair. The committee is again committed to presenting legal ethics, professionalism, bias elimination, substance abuse, and mental illness awareness credits for your continuing education needs. Watch the OCBA website and newsletters for upcoming programs.

Later this year, the committee will begin accepting nominations for the 2020 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 September.

Congratulations once again to the 2019 Professionalism Award recipients: The Honorable Frederick Lauten, recipient of the James G. Glazebrook Memorial Bar Service Award, Nicholas Shannin, recipient of the William Trickel, Jr. Professionalism Award, and Ryan Williams, recipient of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award.

Put Your Local Professionalism Panel to Work!

In order to facilitate the efficient operation of the

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administration of justice and to foster the highest standards of professionalism throughout the Ninth Judicial Circuit, our Local Professional Panel was created to receive, screen, evaluate, and act upon reasonable complaints of unprofessional conduct. Complaints, which may be anonymously submitted, are reviewed and addressed in a prompt (approximately 45 days), informal, respectful, non-punitive, educational, and constructive manner, and are resolved both informally and confidentially. Three local Professionalism Panel members from various local bar associations, including the OCBA, investigate the matter, meet with the respondent attorney, and may provide a number of resolutions. Though voluntary and non-disciplinary in nature, the panel may refer cases to The Florida Bar and the Attorney Consumer Assistance Program as appropriate or necessary.

Professionalism provides benefits to work efficiency, mental health, and public perception – just to name a few – and is fundamental to the administration of justice. Unprofessional conduct, however, is an undeniable and undeserved truth in the practice of law. The Local Professionalism Panel provides a non-combative forum to promote corrective behavior. Complaint forms can be obtained from the Ninth Circuit website.

Stay tuned for more about our Local Professionalism Panel in upcoming “Professionalism Committee” columns.

In conclusion, a quote from our 26th president, President Theodore Roosevelt, is apropos: “Knowing what’s right doesn’t mean much unless you do what’s right.”

Robert W. Borr, Esq., practices real estate, securities law, business, and civil litigation. He has been a member of the OCBA since 2011. The Professionalism Committee meets the first Tuesday of the month for lunch at the OCBA.

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OCBA LuncheonThursday, July 25, 2019 The Honorable Donald A. Myers, Jr. Chief Judge, Ninth Judicial Circuit Passing of the Gavel

C The Honorable Donald A. Myers, Jr. Chief Judge Ninth Judicial Circuit Court

hief Judge Donald A. Myers, Jr. has served as a circuit judge since January 2011 following his election to the bench. He was initially assigned to the Unified Family Court Division in Osceola County where he handled domestic, domestic violence, and juvenile delinquency cases. In January 2013, Judge Myers was assigned to a Felony Criminal Division in Orange County. Thereafter, he served three and a half years in a general Civil Division in Orange County and had the honor of being assigned as of one of two judges in the Complex Business Division of the court.

He served as a judge in the Domestic Division of the court. Judge Myers was also the administrative judge for appeals to the circuit court.

Judge Myers graduated from Emory Univer­ sity with a bachelor’s degree in psychology and a M.M.Sc. in communicative disorders.

He attended the University of Florida Levin College of Law and graduated with honors in 1989. Judge Myers was a civil trial lawyer for more than 20 years, handling cases throughout the State of Florida.

Judge Myers is married and has four children and two grandchildren. Both he and his wife of over 30 years, Debbie, are longtime Central Florida residents with strong local ties.

Judge Myers volunteers and has served on the boards of several local charitable organizations. He has also lectured to undergraduate and graduate level classes at Valencia College and the University of Central Florida in the areas of medical/legal ethics and trial skills. Judge Myers serves as a guest lecturer at Barry University School of Law and works with the internship program.

Embassy Suites by Hilton Downtown Orlando Thursday, July 25, 2019 11:30 a.m. – 1:00 p.m.

191 E. Pine St., Orlando, FL 32801 Title Sponsor:

Please RSVP by Monday, July 22, 2019 RSVPs will not be accepted after July 22, 2019 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than July 22, 2019 To cancel, contact Ashley Norris at ashleyn@ocbanet.org Title sponsor: Veritext Legal Solutions

Supporting sponsors:

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CoverShot Officers Karen L. Persis, Secretary Anthony F. Sos, President LaShawnda K. Jackson, President-elect Eric C. Reed, Treasurer Executive Council MIDDLE ROW Kristopher J. Kest William D. Umansky Richard S. Dellinger Fermin Lopez C. Andrew Roy Jared A. Brooks BACK ROW Arti Ajit Hirani Keshara D. Cowans Jessica A. Travis Kate T. Hollis Amber N. Davis NOT PICTURED Euribiades Cerrud, II Gary S. Salzman M. Ryan Williams

Photo: Flo Boehm

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!

The OCBA’s Mentoring Program pairs mentors and mentees over the course of 16 weeks, on their own schedule, to discuss the practice of law.

Mentors must be an OCBA member with at least 10 years of practice or board certification. Mentees must either be an attorney or have taken the bar exam.

Mentees are required to pay a nominal $20 fee.

Mentor applications due: August 2, 2019 September 1, 2109 – Program Begins December 31, 2019 – Program Concludes

The commitment is minimal, but the impact may be life-long!

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

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theBriefs July 2019 Vol. 87 No. 6

EMPLOYMENT MEDIATION

theBriefs July 2019 Vol. 87 No. 6

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Chief’sColumn

With Gratitude to My Mentors

The Honorable Donald A. Myers, Jr. Chief Judge Ninth Judicial Circuit Court

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Mentoring brings us together – across generation, class, and often race – in a manner that forces us to acknowledge our interdependence, to appreciate, in Martin Luther King, Jr.’s words, that “we are caught in an inescapable network of mutuality, tied to a single garment of destiny.” In this way, mentoring enables us to participate in the essential but unfinished drama of reinventing community, while reaffirming that there is an important role for each of us in it. – Marc Freedman, President/CEO of Encore.org1

A

s a very young lawyer in a large firm, I was fortunate to be given the responsibility of handling whole cases. I was even more fortunate, however, to have been intentionally mentored by skilled lawyers in the process. My managing partner didn’t just tell me about key steps in the litigation process. And, he didn’t simply explain the significant events. Rather, he engaged with me in a thorough analysis of the case from start to finish. At key stages of the case, he showed me how to handle motions, mediation, and critical hearings. In each instance, we talked about what was going to happen, I observed as he executed the task, and then we talked about what had happened. When I demonstrated an adequate understanding, and when the next opportunity arose, we talked about it, he observed as I took the lead, and then we talked about what happened.

I remember well being assigned a construction delay case with a six-figure claim for damages. As a second-year lawyer – after having been through several mediation experiences together with my partner – I handled the mediation. The case did not resolve, and I prepared a motion for summary judgment. When the time for the hearing approached, my partner reserved a conference room, and for nearly two hours he listened to my arguments, asked the tough questions, and helped me to refine and crystallize my presentation. Ultimately, I was well-practiced and argued my case confidently before the trial judge. My client prevailed and obtained a significant money judgment. On appeal, my partner mentored me through the appellate process, and I made my first appellate argument in the Fifth DCA, ultimately preserving a large part of the client’s recovery. I

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enjoyed many mentoring experiences similar to these as a young lawyer. Some were related to the “how to” of case work, others to professionalism and ethics issues, and still others to living life well.

Who I am today is the result of many people who invested their time and energy in my development as a lawyer, as a judge, and, importantly, as a human being. I can see in my work as a trial lawyer the influence of other attorneys that I have tried cases with and against. I can point to many individuals who mentored me in issues of character, integrity, and leadership. And, I recognize others who have guided me as a husband, a father, and now a grandfather. I am incredibly grateful for the relationships that have molded and formed who I have become.

As I assume the responsibilities of chief judge in the Ninth Judicial Circuit, I appreciate the opportunity to reflect on those who have mentored me in my judicial career and helped me to prepare for this leadership opportunity. There are many judges in the circuit who have generously poured into me and my experiences. I am especially grateful to Judge Fred Lauten, my predecessor, for the many times he reached out to bring me in on an important conversation, to teach me, and to ready me for the issues I will most certainly face in my new role. The Ninth Circuit has been blessed under his outstanding leadership, and I am thankful that his fingerprints are among many that mark the leader I hope to be.

To those who are fortunate enough to recognize the impact of mentors in your life – take this moment to acknowledge their influence, express your thanks, and commit to encourage others in the same way. As a community, we will all reap the benefit!

The Honorable Donald A. Myers, Jr., is the chief judge of the Ninth Judicial Circuit. He was elected to the Circuit Court for Orange and Osceola counties in 2010 and served in many capacities in the circuit, most recently as a circuit court judge assigned to the Domestic Division and as the administrative judge for appeals to the circuit court. He has been a member of the OCBA since 1980.

Marc Freedman, CEO and President, About Marc, (last visited June 5, 2019, 10:30 a.m.), https://encore.org/marc-freedmanfull-bio.

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SpecialFeature

A Kristopher J. Kest, Esq.

Kate T. Hollis, Esq.

The OCBA Mentoring Program

s reflected in Chief Judge Myers’ “Chief ’s Column” in this issue, mentoring is a critical part of developing young lawyers. Judge Myers was fortunate enough to receive mentoring as part of the large firm with which he started. Many young lawyers are not so fortunate and simply “hang their shingle” after graduating law school. For the past three years, the OCBA Mentoring Program has been providing mentors for these young lawyers.

Started in 2016, the OCBA Mentoring Program has paired new lawyers with more experienced lawyers to provide mentoring and support in the first years of practice. Each year in the fall, the Mentoring Committee carefully pairs each mentee with a mentor for the 16-week program. The mentormentee pairs meet on their own schedule, with at least four of those meetings being in-person. The program is bookended by a kick-off luncheon and a close-out social event. Last year’s luncheon featured comments from Judge Dan Traver and mentoring tips from mentor Peggy Bush Smith and her mentee, Olga Castro Garcia. Last year’s close-out event featured a spirited game testing mentors’ and mentees’ knowledge of each other, with mentormentee pair Sarah Taitt and Elizabeth Henin winning a $40 gift certificate to a restaurant of their choice (they opted for The Strand).

Mentors are the backbone of the program, and the OCBA has been fortunate to have many mentors participate year after year. This strong support has allowed an average of 50 participants over the first four mentoring sessions. As we get ready for our fifth session in fall 2019, we are again looking for mentors to help guide and develop the future of our bar.

The following comments from past program participants demonstrate the impact that a mentor can have on a mentee and, occasionally, a mentee on a mentor. The program is limited only by the number of mentors we have available. To that end, we hope to increase the number of mentors this year by using a condensed application (only two pages!) in an easy-to-complete “fillable PDF” available on the OCBA’s website. Just search for “mentoring.” We are also holding a competition among the OCBA committees, with the committee recruiting the most mentors winning a $200 happy hour for their members.

Finally, the Mentoring Committee thanks all OCBA mentors for their continued support. If

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you have questions about the program, please reach out to me, to vice chair, Kate Hollis, or to any of the mentors listed. ...

I had a blast getting to know my mentee, Joanna Foard. The mentoring process was easy and fun.

Eric C. Reed, Esq. Shutts & Bowen, LLP ...

Mentoring has been one of the most rewarding experiences of my professional career. Helping less experienced lawyers, answering their real-world questions, and assisting them in seeing new possibilities in the direction of their careers is exciting and helps us more seasoned attorneys stay relevant and young. I really enjoy the enthusiasm and desire to learn and grow that I see in my mentees. I would recommend this mentoring program without hesitation.

Thomas D. Marks, Esq. The Marks Law Firm, P.A. ...

The mentoring program gave me the chance to meet two solo practitioners, who were both eager to be mentored. It is a great program for new attorneys who are out on their own with no one to be a sounding board for ideas and concerns. More attorneys should consider volunteering to be part of the program.

Robert W. Anthony, Esq. Fassett, Anthony & Taylor, P.A. ...

New lawyers need to learn the developmental stages of their professional life cycle, from law student to retirement. Being guided by mentors who will help them learn what they need to know each step of the way – knowledge, skills, experience, and more – they can progress from a lack of practical skills to competent practice. This will have a positive impact on the new lawyer personally, as well as on his or her career, clients, the courts, the profession, and any outside organizations. When mentees are able to get the help they need when they need it during their professional development, they will grow into lawyers who make a difference.

Tee Persad, Esq. CPLS, P.A. ...

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Thank you to our mentors!

Four Sessions Lynn Aust, Esq. Ava Doppelt, Esq. Lauren Heatwole, Esq. Liz McCausland, Esq. Marc Ossinsky, Esq. Gary Salzman, Esq. Three Sessions John Bussey, Esq. Donald Christopher, Esq. Thomas Feiter, Esq. Eric Reed, Esq. Ronald Sims, Esq. Tony Sos, Esq. Two Sessions Robert Anthony, Esq. Luis Basagoitia, Esq. Bruce Blackwell, Esq. Peggy Smith Bush, Esq. Mary Ann Etzler, Esq. David Falstad, Esq. John Fisher, Esq. J. Leonard Fleet, Esq. Orman Kimbrough, Esq. Warren Lindsey, Esq. J. Scott Murphy, Esq. Tee Persad, Esq. Camy Schwam-Wilcox, Esq. Nick Shannin, Esq. Jessica Travis, Esq. William Umansky, Esq. Thank you all for organizing this program. I found it very helpful. It was great to get paired with a very experienced and respected attorney in my practice area. The mentor shared experiences in life and law, and provided insight in running my own practice. My mentor is the best, and even yesterday, with all he has going on, he found time to theBriefs July 2019 Vol. 87 No. 6

Front row: Jacob Schumer, Deseree Comrie, Peggy Smith Bush, Lisa Thomas, Elizabeth Henin, Sarah Taitt, Tanisha Swaby, Robert Anthony, Kate Hollis; Back row: Carolyn Gachet, Thomas Spencer, Thomas Feiter, Ben Chase, John Fisher, Gary Salzman, Michael Piccolo

talk to me about a legal strategy in a case I’m working on.

Lewis Van Alstyne III, Esq. Van Alstyne Law, PLLC ...

I’ve participated in every mentor-mentee cycle since inception, and I always am blown away by the young lawyers, their commitment to our profession, and their enthusiasm. I absolutely have received far more than I’ve given. We meet once a week during the program, and most of my former mentees are still making our monthly meetings with my new mentees.

Lynn B. Aust, Esq. Aust Law Firm ...

I have served as a mentor the last two years and can honestly say that I not only enjoyed the experience but have made two new young lawyer friends in the OCBA. John Edwin Fisher, Esq. Fisher Rushmer, P.A. ...

I am incredibly grateful for the mentoring I have received in my life. I hope to continue to return the favor by participating in the OCBA Mentoring Program and making a positive difference in people’s lives.

Tony Sos, Esq. Dellecker, Wilson, King, McKenna, Ruffier & Sos LLP

I participated in the OCBA Mentoring Program as a mentee and truly enjoyed the experience.

I was paired with Eric Reed, who happens to be involved in the Ronald McDonald House Charities of Central Florida, like me!

We developed a great friendship, and I was able to ask questions about work-life balance, family time, making time to volunteer, and having fun, all while being a successful practitioner. He gave (and continues to give) great advice, and I am very grateful for the opportunity to have a mentor outside of my firm and the particular area of law in which I practice. I wholeheartedly recommend the OCBA Mentoring Program to anyone considering it!

Joanna M. Foard, Esq. Weiss, Grunor, Barclay, Barnett ...

As I have grown as a lawyer, I have had the benefit of tremendous mentors to help answer my questions and guide me. The OCBA Mentoring Program is one way to give back and “pay it forward.”

I find that being a mentor – being an ear and a sounding board to other lawyers growing in their practice – is equally as rewarding as being mentored.

Lauren C. Heatwole, Esq. Heatwole Law Firm, P.A. ...

My participation in the OCBA Mentoring Program was invalu-

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able in the early days of my legal career. I was blessed to have been paired with a mentor whose personality meshed well with mine.

Well beyond the formal end of the program, I still keep in touch with my mentor, who occasionally imparts some of his wisdom in times of need. While our relationship is no longer a formal mentor-mentee one, I still enjoy getting together with my mentor and “keeping in touch.” It is my belief, and certainly my hope, that our relationship will become a lifelong friendship.

Minoru Ohye, Esq. Ohye Law, P.A. ...

I participated in the OCBA Mentoring Program in 2016.

My mentor shared a lot of wisdom and practice pointers with me. She was very eager to help me build a professional network.

I really appreciated the program and found it very helpful.

Brett A. Foster, Esq. Patrick A. Carey, P.A. ...

I approach mentoring as a relationship in which the mentor and mentee have an opportunity to learn and grow together. While there is often a focus on the benefits to the mentee, being a mentor helps build leadership and interpersonal skills. It is an opportunity to be a coach and

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Intellectual PropertyCommittee

B Gregory W. Herbert, Esq.

Using the Lanham Act to Combat Misleading Online Reviews

usinesses are often frustrated by negative reviews on purported “consumer review” websites that appear to be neutral but, in reality, might be biased and influenced by the site owners’ direct or indirect financial ties to competitors.

Similarly, many consumer product companies believe they have been treated unfairly by the growing consumer “certification” organizations that purport to offer neutral testing and certifications for various products, for a fee. In the wake of the Supreme Court’s Lexmark1 decision, some businesses are using federal trademark and unfair competition law (the Lanham Act) to combat such consumer review-type sites, with some success. This new line of cases represents a fairly dramatic shift in Lanham Act law and opens a new avenue of attack for businesses aggrieved by unfair online attacks.

Obstacles for Combatting False/Misleading Online Speech Traditional legal claims to seek redress for false or misleading statements about a business, including by competitors, are: defamation; trade libel; common law unfair competition; false advertising; and claims under DUTPA-type statutes (Deceptive and Unfair Trade Practices Act).

Defamation claims, however, face many legal, practical, PR-related, and other obstacles. This is particularly true with claims regarding online speech. Defamation claims are generally not available against speech deemed to constitute opinion or rhetorical hyperbole. Injunctions to remove or correct content are rarely granted. Further, AntiSLAPP laws (state statutes that generally prohibit “strategic lawsuits against public participation” in matters of public concern) might apply to any such claims, which bring with them a risk of attorneys’ fees against plaintiffs. Further, §230 of the Communications Decency Act generally provides immunity for website owners who publish content authored by a third party, such as a consumer. Further, the dynamics of online behavior present risks to any business perceived as seeking to censor or “bully” online critics, and many attempts have backfired spectacularly.

Thus, many businesses who have faced false, misleading, and unfair criticism online have been extremely frustrated in obtaining legal relief, particularly if the business believes the disparagement was made or sponsored by one of its competitors.

Recent developments in the law under the Lanham Act provide new avenues of relief for businesses aggrieved in this manner.

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Lexmark Expands Lanham Act False Advertising Claims Lanham Act claims for “false advertising” arise under 15 U.S.C. § 1125(a)(1)(B). Section 1125(a)(1)(B) provides, in relevant part (emphasis added): Any person who … uses in commerce any … false or misleading description of fact, or false or misleading representation of fact, which … in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods … shall be liable ….

In Lexmark,2 the Supreme Court expanded the scope of Lanham Act false advertising claims, ruling that even parties who were not direct competitors, but who compete at different levels of the relevant distribution chain indirectly, have standing to bring such claims. Prior to Lexmark, case law generally required plaintiff and defendant be direct competitors. Lexmark held that a plaintiff need not be a competitor of the defendant, as long as the plaintiff alleges “economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising.”3 Lexmark greatly expanded the ability of parties to pursue Lanham Act false advertising claims against others with only indirect business or competitive relationships.

Several recent cases have addressed the viability of Lanham Act false advertising claims based on disparaging statements published by parties who do not directly compete with the plaintiff, but rather claim to be “consumer review”- or “consumer advocate”-type organizations.4 Because the defendants in these cases, which purport to be consumer advocacy or consumer review-type websites, are generally not in “direct competition” with the plaintiff’s goods or services they critique, these cases have tended to focus on the “commercial speech” and “indirect competitive relationship” and causation hurdles under the Lanham Act. Handsome Brook Case: Consumer Goods “Certification” In Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., plaintiff, an egg wholesaler, pursued Lanham Act claims against a non-profit organization, HFAC, that offers a certification program to certify to consumers the humane and “ethical sourcing” of eggs.5 HFAC conducted an inspection of one of plaintiff’s packaging plants, erroneously concluded that plaintiff was decep-

theBriefs July 2019 Vol. 87 No. 6

tively labeling its eggs, and emailed retail grocery chains urging retailers to consider changing egg suppliers.6 HFAC defended on the grounds that its email was not “commercial speech” under applicable Lanham Act case law. HFAC claimed to be a mere “public interest organization like [PETA] or a consumer product reviewer like Consumer Reports.”7 The court thoroughly examined the nature of HFAC’s “pay-toplay”-type certification program, the numerous fees HFAC charges to egg producers (“application fee,” “annual inspection fee,” and “licensing fee” for use of its logo), and thus dismantled HFAC’s position, noting, “HFAC’s mission is to promote humane animal treatment, but HFAC pursues that objective through distinctly commercial means.”8 The court emphasized the “economic reality” of HFAC’s certification program, noting that it “has an economic interest in promoting the communicative value of [its] license so as to incentivize more producers to enter into its certification program and to drive consumer demand toward current licensees, all of which will lead to more fees for HFAC.”9 The court thus found the email blast to be “commercial speech” made for “a promotional purpose.”10 The court also found the parties’ relationship to be sufficiently “competitive” under the Lanham Act.11 The court focused on the fact that plaintiff’s competitors participated in HFAC’s certification program, and thus HFAC had an economic incentive to drive consumer demand to plaintiff’s competitors.12 Consumer Review/Advice Sites: Casper, Enigma Similarly, in Casper Sleep, Inc. v. Mitcham, the court denied a motion to dismiss a Lanham Act false advertising claim based on purported “consumer reviews” of plaintiff’s mattresses.13 Plaintiff, an online mattress seller, sued a mattress review site, alleging the “unbiased” reviews, favoring plaintiff’s competitors, were misleading because the site owners collected affiliate marketing commissions for sales to plaintiff’s competitors through the site (plaintiff

was not an affiliate and paid the site no commissions).14 The court upheld the Lanham Act claims to the extent those claims were based on misleading statements on the review site that could lead consumers to believe, falsely, that all of plaintiff’s competitors paid affiliate advertising commissions to the site, and that therefore the site would be viewed more as neutral and unbiased than it really was.15 The court also found that plaintiff had plausibly alleged harm proximately caused by the false and misleading product reviews and affiliate disclosure statements. Because the “consumer reviews” always recommend plaintiff’s competitors over plaintiff, it was plausible that the alleged deception caused plaintiff to lose business.

Likewise, the court in Enigma Software Group USA, LLC v. Bleeping Computers LLC, reached a similar conclusion, upholding the Lanham Act and defamation claims against a computer software review and advice site that published disparaging comments criticizing plaintiff’s software.16 Defendant-Favorable Case: Tobinick Despite the expansion of Lanham Act claims noted above, several courts have rejected Lanham Act false advertising claims in similar factual contexts on the grounds that the plaintiff failed to show harm caused by the disparaging statements, or that the statements qualified as “commercial speech.”17 Many of these cases involve statements made by academic, or otherwise genuinely independent nonprofit groups, with a primarily informational or advocacy goal, as opposed to a revenue-generating goal, despite incidental economic gain. Courts’ distinctions between “commercial” and “noncommercial” speech in this context can turn on a subjective assessment of the defendant’s true aims. In Tobinick, for example, the court rejected Lanham Act claims by a physician, based on statements on another’s physician blog that questioned plaintiff’s continued page 32

The Young Lawyers Section of the Orange County Bar Association Presents the Thursday, July 11, 2019 6:00 p.m. – 8:00 p.m.

Orange County Regional History Center 65 East Central Boulevard Orlando, FL 32801 Free for Law Clerks $15.00 for Attorneys, Judges, Law Students & all others *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 via the OCBA YLS Store. If you are a law clerk, please RSVP to Kimberlee Martin at kmartin@fisherlawfirm.com.

For sponsorship inquiries, please email kmartin@fisherlawfirm.com or Jacob Schumer at jschumer@shepardfirm.com. theBriefs July 2019 Vol. 87 No. 6

www.orangecountybar.org

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Legal Aid SocietyTeaching Tips

T

Collaboration: The Key to Success for Children with Special Needs

he Legal Aid Society’s Guardian ad Litem (“GAL”) Program is extremely fortunate to have pro bono attorneys who devote their time and attention to abused, abandoned, and neglected children. The work you do is phenomenal. We greatly appreciate the effort and energy you put in to making the lives of all dependent children better. Your advocacy has a positive impact on children throughout Florida, influencing case law and legislation.

Mexcye C. Roberts, Esq.

As best-interest attorneys, our goal is to assist children in the dependency system by removing as many impediments to a happy, healthy, and productive life as possible. As GAL attorneys, we have the privilege of representing special children from diverse cultures, ages, personalities, and backgrounds. In addition, we occasionally assist children with special medical needs. It is especially important that these children lead happy, healthy, and productive lives, as well. Children with developmental disabilities may qualify for specific services that provide invaluable benefits as they grow and develop into adults.

Identifying the Needs In your advocacy, it is important to identify children with developmental disabilities and partner with the GAL Program’s developmental disabilities (“DD”) team for assistance with obtaining additional benefits on the children’s behalf. A developmental disability is a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome that manifests before the age of 18 and constitutes a substantial handicap that reasonably can be expected to continue indefinitely. Fla. Stat. § 393.063 (12) (2018). Understandably, the time and attention developmentally disabled children require and deserve can cause additional stress and pressure on families. As a result, the children are overrepresented in the dependency system.

Children with developmental disabilities may qualify for additional yet essential services from the Agency for Persons with Disabilities (“APD”).

The information below will assist you in identifying a child with a developmental disability.

Autism is a pervasive, neurologically based developmental disability of extended duration that causes severe learning, communication, and behavior disorders with onset during childhood.

Children with autism may exhibit impairments

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in social interaction, verbal and nonverbal communication, imaginative ability, and have a very narrow, yet focused activities and interests. See Fla. Stat.§ 393.063(5) (2018).

Cerebral palsy is a group of disabling symptoms of extended duration that results in the loss or impairment of control over voluntary muscles.

Cerebral palsy is the most common motor disability of childhood and is often accompanied by conditions such as epilepsy and autism. See Fla. Stat. § 393.063(6) (2018).

Down syndrome is a disorder caused by the presence of an extra chromosome 21, which commonly results in low muscle tone, small stature, upward slant to the eyes, and a mild to moderate intellectual disability. See Fla. Stat. § 393.063(15) (2018).

Intellectual disability is a disability characterized by significant limitations both in intellectual functioning and adaptive behavior that manifests before the age of 18. Children with an intellectual disability may exhibit impairments in self-care, and learning, communication, and social skills.

See Fla. Stat. § 393.063(24) (2018).

Phelan-McDermid syndrome is a rare genetic condition caused by the loss of a small piece of chromosome 22. Children with Phelan-McDermid syndrome will typically have an intellectual disability, decreased muscle tone, and absent or delayed speech. See Fla. Stat. § 393.063(28) (2018).

Prader-Willi syndrome is an inherited condition caused by the loss of function to specific genes.

Infants typically have weak muscle tone and difficulties with feeding. In childhood, individuals develop an excessive drive to eat, which often leads to obesity. Children with Prader-Willi syndrome commonly are short in stature and have a mild to moderate intellectual disability accompanied by behavior problems such as temper tantrums, stubbornness, and compulsive behavior. See Fla. Stat. § 393.063(29) (2018).

Spina bifida means a person with a medical diagnosis of spina bifida cystica or myelomeningocele. Spina bifida is a congenital defect of the spine that occurs when the spine and spinal cord do not form properly. Depending on its severity, spina bifida can cause paralysis of the lower limbs and an intellectual disability. See Fla. Stat. § 393.063(40) (2018).

continued page 28

theBriefs July 2019 Vol. 87 No. 6

Legal Aid SocietyNews

A Katie M. Pareja, Esq.

It Takes a Village: Elevating Foster Youth Through Advocacy and Community Partnership

s a Guardian ad Litem (“GAL”) Program attorney at the Legal Aid Society of the Orange County Bar Association, Inc., I am joined by an unstoppable team of pro bono attorney GALs willing to take on the most challenging GAL cases. Cases with teens who are transitioning out of foster care into adulthood can be the most demanding yet rewarding cases for GALs. These cases give GALs a chance to advocate for older youth in the dependency system, ensuring them as smooth a transition into young adulthood as possible. What makes these cases challenging (besides the obvious: being a teen is challenging) is confronting some of the tough questions our older dependent teens face: where will I live? Am I going to graduate high school? Will I get to go to college? Am I going to get a job? How am I going to support myself? Why do I need car insurance?

GALs have an opportunity to advocate in and out of court to help answer these difficult questions and put foster youth in a position to become successful young adults.

Once children in the dependency system reach the age of 17, the dependency court holds special “transitional hearings” to ensure older teens are ready to transition into adulthood. See Fla. § 39.701(3)(a) (2018). For youth age 17, judicial review hearings exist, in part, to verify dependent youth have a plan for where they will live at age 18, whether it is in extended foster care or in some other viable living situation. Courts monitor whether children were provided financial training, public benefit information, access to medical and educational records, and can open a bank account. Most importantly, courts ensure all efforts are exhausted to provide dependent youth with their vital documents, including a certified copy of their birth certificate, their social security card, Medicaid documents, and a Florida ID card, permit, or driver’s license. One of the best ways GALs may help their transitioning youth is to ask to see physical proof: ask the case manager to see the child’s birth certificate; ask the child to show you his state ID; ask the court to verify the existence of these documents. You would be surprised how frequently teens misplace or lose their state ID. Youth in foster care placements generally do not have control over their vital documents. It is imperative that inquiries are made as early as possible to determine whether parents, caregivers, or case managers have the child’s birth certificate and social security card. A birth certificate is needed

theBriefs July 2019 Vol. 87 No. 6

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for the child to obtain his social security card, a learner’s permit, and identification as he transitions into extended foster care. Once the child reaches his later teenage years, these documents are critical to securing employment and enrolling in college. GAL advocacy can be key to obtaining these documents. Volunteer attorney GAL Wynne McFarlin, Esq., advocated for her client to obtain a certified copy of his birth certificate.

As a result of Wynne’s zealous advocacy, the court ordered case management personnel to fly the child out of state to pick up the birth certificate in person because the child would need identification before his 18th birthday.

Outside of the court, GALs can work with community partners to ensure dependent teens successfully transition into adulthood. As foster youth age in the system, they are trying to figure out what’s next in their lives. Economic independence can be a difficult task for anyone, especially dependent children. However, being aware of the resources available to transitioning youth can give them a significant advantage as they enter the workforce.

The Orlando Economic Partnership is a nonprofit organization developed to ensure a stable, diverse workforce in the Central Florida region.

The organization is looking locally to expand employment opportunities in high-wage, high-value jobs, including construction, manufacturing, IT, innovative technologies, and healthcare fields.

The organization gives Central Florida residents, including teens, the ability to connect with companies in vocational industries perfect for foster youth who pursue vocational degrees.

The City of Orlando is developing programs that are geared towards teens and young adults to ensure that there is a stable workforce, reduce criminality, create economically responsible individuals, and develop a partnership between youth and the city. One such program is the City of Orlando’s Youth Employment Program. The program has more than 1,000 employment opportunities for youth between the ages of 15 and 24. It is designed to provide young people in Orlando on-the-job experience. Jobs include retail and hospitality positions, office clerks, assistant athletic coaches, camp counselors, and tutors. A foster youth looking to get out of the group home and make some money would be a great candidate to apply for this program. continued page 28

PAGE 15

Legal Aid SocietyWhat We Do...

L Laura M. Gutierrez, Esq.

Small Business, Big Dreams

egal assistance for individuals who cannot afford an attorney is not only a desire but a need. I began my employment as a staff attorney with the Legal Aid Society of the Orange County Bar Association, Inc., in 2018 and have seen thousands of clients come through our doors.

I realize that providing legal help is, in most cases, a necessity. Most of my clients consist of sealing and expunction cases, which was not always my first love as an attorney. However, I have grown to love this area of law as much as any other. My job is not only essential to rehabilitated people trying to reenter society and provide for themselves and their families financially, but it also allows the community to gain employed, hardworking individuals.

In my short time as a practicing attorney, I have identified several legal issues – from housing to consumer difficulties – that affect the day-to-day lives of members of our community and the community itself. Recently, a potential new client was brought to my attention.

In October 2018, Vanessa Sanchez left her life in Chicago, Illinois, and moved to Clermont, Florida. She went from being a successful, independent business owner to a single mom, starting with nothing but a desire to work.

Vanessa discovered she was pregnant in April 2018. Her life turned upside-down. Without the child’s father present, she realized she had to make a tough decision and change her life with the hope that she would be able to give her child the best life can offer.

Having had a successful dog-grooming business in Chicago and being a licensed groomer for more than 10 years, Vanessa was aware of the hard work business ownership requires. She also realized that Florida corporate law is different from that in Illinois. She was not familiar with the Florida incorporation rules, nor did she have the income to support her venture. I do not specialize in corporate law, and I was afraid that I would not be able to find someone who could help.

I spoke to our Intake, Outreach and Community Education director, Larri Thatcher, Esq. She im-

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mediately thought of a solution and reached out to pro bono attorney Glenn Adams, Esq., with Holland & Knight. Glenn is a past president of the Legal Aid Society, helps every year with our fundraiser – the Breakfast of Champions – and, simply put, is another leader in our community who selflessly supports our nonprofit charity. Glenn, who has a desire to assist small business owners start their companies, graciously agreed to provide a free consultation to Vanessa. He scheduled an appointment right away, overwhelming Vanessa with his generous support in her time of need.

Vanessa’s company was incorporated, and Furry Pets Grooming was born. This was not simply a new beginning but a business with ties to her new community and family. Furry Pets Grooming has already started receiving clients, many of whom have referred others.

Small businesses like these are not just beneficial to the business owner; they are an essential part of our community. Vanessa is contributing to Central Florida’s economy and providing an amazing service for our canine companions. In her words, “When the time is right, never be afraid to take a chance, because everything happens for a reason.”

Being able to help this young woman is the reason I became an attorney. I see the life changes that pro bono attorneys make. Sometimes it is a bankruptcy case that frees clients of debt and allows them to put food on the table; other times it is a housing matter that keeps our neighbors from homelessness. The Legal Aid Society has many cases from which to choose. Join us – it is fulfilling, and it changes lives.

If you would like to be a pro bono attorney for our tax clinic or expunction of records, or to assist small-business owners, please contact Laura Gutierrez, Esq., at lgutierrez@legalaidocba.org.

Should you wish to become a financial donor, or help with our fundraising efforts, please contact Donna Haynes, director of development, at 407515-1850, or email dhaynes@legalaidocba.org.

Laura M. Gutierrez, Esq., is a staff attorney with the Legal Aid Society of the Orange County Bar, Inc. She has been a member of the OCBA since 2018.

theBriefs July 2019 Vol. 87 No. 6

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

JUMP START YOUR CAREER New Lawyer Training Program 2019 August 16 & 17, 2019 Presented by the Orange County Bar Association

Join us for a dynamic, two-day program designed to help you become a confident, successful practitioner in Orange County and beyond.

Jump Start Your Career & Register Today!

Student: $125

Navigating the Courts in the Ninth Judicial Circuit

August 16, 2019 • 8:00 a.m.-5:00 p.m.

• Tour the Orange County Courthouse • Learn about circuit civil, business, domestic, & criminal courts • Learn about scheduling & filing notices • Hear best practice techniques from judges, the Public Defender & the State Attorney .... and more!

Students: OCBA membership included.

Current Member Fee: $175 Non-member Fee: $195

(No Refunds After July 15, 2019) Breakfasts & lunches included

All participants will be enrolled in the OCBA Mentoring Program

Starting Your Own Firm: The Nuts & Bolts

August 17, 2019 • 8:00 a.m.-5:00 p.m.

• Professionalism & ethics in practice • How to establish a successful solo practice • Learn about protecting your assets • Practice management resources & legal research 7.0 CLE Credits

Register at www.orangecountybar.org/ newlawyertraining For additional information, call 407-422-4551, ext. 225.

Sessions subject to change.

Sponsored by:

theBriefs July 2019 Vol. 87 No. 6

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PAGE 17

Awards presented by Richard S. Dellinger, 2018-2019 OCBA President Presidential Leadership Award

Jill Davis YLS President, 2018-2019

Wynne E. McFarlin Legal Aid Society President, 2018-2019

Outstanding Executive Council Member

Eric B. Jontz OCBA Foundation President, 2018-2019

Outstanding Service as a Committee Chair

Ahmad S. El-Gendi, Brian C. Lawrence, Diversity Committee

Patricia R. McConnell Business Law Committee

Kate T. Hollis, 2018-2019

Outstanding Service Awards

Mary J. Walter, Ryan Williams (not pictured) 2019 Law Day 5K Co-chairs

Andrew P. Irvin, Lorraine N. Pitre (not pictured) 2019 Law Week Co-chairs

PAGE 18

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Karen L. Persis, Amber N. Davis 2019 Gala Committee Co-chairs

theBriefs July 2019 Vol. 87 No. 6

2019-2020 OCBA Installation & Awards Luncheon

2019-2020 OCBA Foundation, Inc. Officers Jessica A. Travis, Esq., President Alisia Adamson Profit, Esq., President-elect Eric C. Reed, Esq., Treasurer

May 23, 2019

Embassy Suites by Hilton Downtown

Board of Directors The Hon. Andrew L. Cameron The Hon. Eric J. Eisnaugle Onchantho Am, Esq. Michael V. Andriano, Esq. Euribiades Cerrud II, Esq. Marc A. Consalo, Esq. Keshara D. Cowans, Esq. Daniel J. Kavanaugh, Esq. Scott D. Leitner, Esq. Fermin Lopez, Esq. Jennifer L. Morando, Esq. Brett R. Renton, Esq. Ana “Ani” P. Rodriguez-Newbern, Esq. Sidney A. Roman, Esq.

Installation by Hon. Frederick J. Lauten

Sponsored by Seacoast Bank, Milestone Reporting, LexisNexis, Orange Legal, Veritext Legal Solutions

Anthony F. Sos 2019-2020 OCBA President Matthew and Rebecca Sos

2019-2020 Paralegal Section Officers Cori L. Schlitt, FRP, CP, President Tina M. Farrington, FRP, Vice President Shannon M. Rush, FRP, Secretary/Treasurer Shannon E. Hager, FRP, Immediate Past President Board of Directors Mara D. Arvin, FRP Brittney A. Bogan, FRP Karyna Lavrova Paul J. Pelton, FRP

Outgoing President’s Gift

2019-2020 Legal Aid Society of the Orange County Bar Association, Inc. Officers Kimberly E. Hosley, Esq., President Kristopher J. Kest, Esq. President-elect Deborah Moskowitz, Esq., Treasurer Jay W. Small, Esq., Secretary Wynne E. McFarlin, Esq., Immediate Past President Board of Trustees Joseph L. Amos, Jr., Esq Kirtus L. Bocox Jared A. Brooks, Esq. Kathleen Downs Thomas B. Feiter, Esq. Jon M. Gibbs, Esq. Suzanne E. Gilbert, Esq. LaShawnda K. Jackson, Esq. Heather M. Kolinsky, Esq. Camila A. Pachon Silva, Esq. Chris Pantano Belvin Perry, Jr., Esq. Ana “Ani” P. Rodriguez-Newbern, Esq. Rafael O. Rodriguez, Esq. Brandon M. Sapp, Esq. Karl Watson

Richard S. Dellinger Anthony F. Sos

2019-2020 Young Lawyers Section Officers C. Andrew Roy, Esq., President Brandon M. Sapp, Esq., President-elect Stephanie N. Alcalde, Esq., Treasurer Heather M. Meglino, Esq., Secretary Andrew P. Irvin, Esq., Communications Coordinator Jill Davis, Esq., Immediate Past President Board Members At-Large Michael D. Barber, Esq. Joey M. Chindamo, Esq. Celia Thacker Dorn, Esq. Arti Ajit Hirani, Esq. Connor S. Kelly, Esq. Annie P. Kwong, Esq. Brian C. Lawrence, Esq. Kimberlee A. Martin, Esq. Charity J. Tonelli, Esq.

Matthew and Luke Sos

Photos: Flo Boehm

theBriefs July 2019 Vol. 87 No. 6

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PAGE 19

Executive Council Service Award

Thomas B. Feiter, Eric B. Jontz, William A. Davis, Jr.

Outgoing President’s Gift

Kimberly A. Homer 2014-2019 OCBA Executive Director

Nicholas A. Shannin C. Andrew Roy Connor S. Kelley Diego “Woody” Rodriguez

Eric C. Reed, LaShawnda K. Jackson, Richard S. Dellinger

John D. Boulden Michael V. Andriano

Tarik Kabbaj, Seacoast Bank; Jannell Loper; Roger Johnson

PAGE 20

Tina M. Farrington Cori L. Schlitt Mara D. Arvin

www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

2019-2020 OCBA Executive Council

2019-2020 Legal Aid Society of the Orange County Bar Association, Inc.

2019-2020 OCBA Foundation, Inc.

2019-2020 OCBA Young Lawyers Section

2019-2020 OCBA Paralegal Section

theBriefs July 2019 Vol. 87 No. 6

www.orangecountybar.org

PAGE 21

PAGE 22 www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

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PAGE 23

YLS Dodgeball Tournament

, Sam Buskirk, 1st Place – Shutts & Bowen: Eric Reed Kaney, Chris Proctor ael Mich n, niso Rob Secrist, George Den

2nd Place – HeadBa ndits: C. Andrew Roy, Andrew Irvin, Chris topher Lerch, Jaso n O’Neal, Randy Edmonson, Eric LaRue

Wills for Heroes

Most Spirited – OCBA Executive Council: Eric Jontz, Josh Hollis, Kristopher Kest, Kate Hollis, Tony Sos, Jessica Travis

YLS May Luncheon

Outgoing YLS president, Jill Davis, passes the gavel to 2019-2020 YLS president, C. Andrew Roy Hosted by Orange Legal

PAGE 24 www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

YLS on the move

O

Heather M. Meglino, Esq.

theBriefs July 2019 Vol. 87 No. 6

n June 7, 2019, we kicked off the summer with our annual Morning at the State Courthouse program. Law students, legal staff, and young as well as experienced lawyers heard from local attorneys and Ninth Judicial Circuit judges about practicing in Orange and Osceola courts.

Thank you to our chairs, Jolie Pavlos, Esq., and Allison Bekavac, Esq., for putting on a great event!

On June 21, 2019, we held our monthly luncheon, which featured Chris Carmody, Esq., of GrayRobinson, P.A., and Bridget Keefe, executive director of the Downtown Orlando Partnership, who spoke about why to work, live, and stay in Orlando. Firms were encouraged to bring their law clerks and newer attorneys to hear this message.

In case you missed the OCBA’s Installation Luncheon in May, we would like to share with you our 2019-2020 officers and board members. In addition, we’ve included a list of committee chairs.

Contact the chairs and get involved! It is going to be a great year!

Officers C. Andrew Roy, Esq., President Brandon Sapp, Esq., President-elect Stephanie Alcalde, Esq., Treasurer Heather Meglino, Esq., Secretary Andrew Irvin, Esq., Communications Coordinator Jill Davis, Esq., Immediate Past President Board Members At-Large Michael Barber, Esq. Joey Chindamo, Esq. Celia Thacker Dorn, Esq. Arti Ajit Hirani, Esq. Connor S. Kelly, Esq. Annie Kwong, Esq. Brian Lawrence, Esq. Kimberlee Martin, Esq. Charity Tonelli, Esq. Committee Chairs Stephanie Alvarez, Esq. Backpack Project Vanessa Braga, Esq. Backpack Project Taylor Chatting, Esq. Putt Putt Pub Crawl Brandon DeGel, Esq. Golf Tournament Linnea Eberhart, Esq. Administration Director – Luncheons/ Wills for Heroes Ahmad El-Gendi, Esq. Great Oaks Village Vaughn Glinton, Esq. Community Service Rebecca Hameroff, Esq. Community Service/ Scholarship Elizabeth Henin, Esq. Holiday Party John Hunt, Esq. Evening with the Judiciary Alicia Kelly, Esq. Kickoff Classic Andrew Kelly, Esq. Gator Bus Trip Shannon Laurie, Esq. Investitures

Eli Mattern, Esq. Health and Wellness Rachel Mattie, Esq. Putt Putt Pub Crawl Meredith McAvoy, Esq. Luncheons Brittany Melendez, Esq. Golf Tournament Shayla Mount, Esq. Bookfair Jolie Pavlos, Esq. Morning at the State Courthouse Michael Piccolo, Esq. CLE/Mentoring Jonathan Pickett, Esq. Mentoring Jake Schumer, Esq. Law Clerks Reception Kathleen Shea, Esq. Evening with the Judiciary Madonna Snowden, Esq. Community Service Lisa Thomas, Esq. Evening with the Judiciary/CLE Hillary Thompson, Esq. Scholarship Kristen Trucco, Esq. Social Philip Wayne, Esq. Dodgeball Allison Wiggins, Esq. Morning at the State Courthouse Amber Williams, Esq. Wills for Heroes Darren Zeigler, Esq. Great Oaks Village Chloe Zubkin, Esq. Putt Putt Pub Crawl As my final point of privilege, I will be passing my “column gavel” next month to Andrew Irvin, Esq., who I know will keep you informed on the latest and greatest to come from YLS. Thank you all for reading “YLS on the Move” this past year!

Stay tuned for these upcoming YLS events: July 11, 2019 – Young Lawyers and Law Clerks Reception. Orange County Regional History Center. See ad on page 13 in this issue of The Briefs.

July 19, 2019 – YLS Luncheon. 12:00 p.m.1:00 p.m. (check-in: 11:30 a.m.-11:55 a.m.). Citrus Club. Speaker & topic: Representative Anna Eskamani, Florida House District 47, will speak about her experience as a first-time legislator, provide an overview of the 2019 legislative session, and talk about objectives for future legislative sessions.

August 1, 2019 – Backpack Project Happy Hour.

August 24, 2019 – UF v. Miami Kickoff Tailgate. Camping World Stadium.

September 27, 2019 – 28th Annual OCBA YLS Charity Golf Tournament. The Ritz Carlton Golf Club Grande Lakes. See ad on page 33 in this issue of The Briefs.

And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Heather M. Meglino, Esq., is general counsel of GeoTel Communications, LLC, and the owner of Meglino Law, LLC. She has been a member of the OCBA since 2011.

www.orangecountybar.org

PAGE 25

SpecialFeature continued from page 11

cheerleader, and to challenge younger professionals to break out of their comfort zone and reach their potential. At its best, being a mentor is very satisfying and even fun.

Peggy Smith Bush, Esq. Southern Trial Counsel | PLC ...

Mentoring our new attorneys is a way to help ensure a brighter future for them and for the entire legal profession. My mentoring experiences have allowed me to guide new lawyers through challenging events, to share in their successes, and to learn new technology skills at which new lawyers are so adept. More importantly, mentoring creates new friendships, establishes new professional relationships, broadens our versatility as lawyers, and has most definitely enhanced my views of lawyering in the future.

Mary Ann Etzler, Esq. Etzler Law, P.A. ...

I acted as a mentor on two cycles of the OCBA Mentoring Program.

Both were rewarding, eye-opening, educational for me as a mentor with 50 years of practice. Our newer crop of Orange County attorneys is motivated to grow as ethical, well-balanced lawyers.

They seek to develop skills as practicing attorneys guided by ethical principles. They are well-focused on life balance to make great contributions to our local Bar, as well as The Florida Bar. It was a pleasure to work with the two mentees assigned to me.

John W. Bussey III, Esq. Wilson Elser Moskowitz Edelman & Dicker LLP ...

The OCBA Mentoring Program is spectacular and any lawyer within a few years of practicing should attend. My mentor dedicated his time for lunch meetings to provide advice and answer questions. This experience gives inside access to an experienced lawyer in the community. During the mentoring program, my mentor assisted me with writing a personal injury complaint and two requests for production. I attended a personal injury deposition and a personal injury mediation. This was an invaluable experience for a very affordable price. Don’t miss it!

Carolyn L. Gachet, Esq. Zip Bar Review Kristopher J. Kest, Esq., Kest Family Law, P.A., is a member of the OCBA Executive Council and founder and chair of the OCBA Mentoring Program. In his practice, Kristopher deals with a wide variety of legal issues that can arise in a family law case. He has been a member of the OCBA since 2005.

Kate. T. Hollis, Esq., an associate attorney with Garganese, Weiss, D’Agresta & Salzman, P.A., is a member of the OCBA Executive Council and serves as vice-chair of the OCBA Mentoring Program. In her practice, Kate focuses on business/corporate and governmental law. She has been a member of the OCBA since 2011.

The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice.

To become a Featured Benefits provider, contact our Advertising & Sponsorship Department.

•Advertising•

The Baker Press, Inc. – Finest Quality Printing since 1968 • Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 • dthompson@thebakerpress.com Living Magazines, Inc. /Vail Living Agency – Innovative Print & Advertising Design • Catherine Hébert • P.O. Box 3450, Grand Junction, CO 81502 • 970-331-6491 trinitycathy@yahoo.com

•Legal Support Services•

Boehm & Boehm Forensic Media Consulting – Certified Comprehensive Litigation Support Solutions • Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 407-405-8483 • florian@boehmboehm.com Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee • Clio.com/OCBA Cyber Centaurs – Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! • Andrew von Ramin Mapp • 39 Skyline Drive, #1009, Lake Mary, FL 32746 • 407-777-4540 • Andrew@cybercentaurs.com DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979 • Evelyn Quintana • 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-423-9900 • evelyn@milestonereporting.com Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services.

Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership. • Jeff Werth • 407-334-8808 • Jeff.Werth@tr.com

•Office Equipment / Services•

Verizon Wireless – Receive significant discounts on wireless calling plans, as well as discounts on accessories, devices and smartphones. Eligibility requirements apply. Visit NPP to learn more and to start saving.

Office Depot – With more than 16,000 in-stock office supply products, Office Depot has an extensive variety of items. Enroll in premier Office Depot pricing through NPP. Level(3) – Toll-free audio conferencing for only 2 cents per minute; no contract, setup or monthly fee. Additional telecomm solutions available. Enroll with NPP and start saving today!

•Professional Services•

Seacoast Bank – Your Florida community bank • Charlene Hotaling, VP – Business Banking Manager • 1031 W. Morse Blvd., Suite 160, Winter Park, FL 32789 • 407-6299089 • Charelene.Hotaling@SeacoastBank.com Florida Lawyers Mutual Insurance Company – Created by The Florida Bar, Florida Lawyers Mutual provides high quality professional liability insurance to help protect Florida lawyers and their clients, while providing personal service that no one can match. • 800-633-6458 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.

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www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

ParalegalPost

I

A Message from the 2019-2020 Paralegal Section President

am excited and honored to take on the role of president of the OCBA Paralegal Section. Our organization has positively impacted our local legal community and the paralegal profession for more than 10 years. Each and every term since its inception, this section has provided leadership, encouraged professional development, and offered enriching opportunities to its members.

Cori Schlitt, FRP, CP

theBriefs July 2019 Vol. 87 No. 6

We begin this term in a great position thanks to the astounding efforts of our immediate pastpresident, Shannon Hager, and our 2018-2019 Board of Directors.

After this article is published, our board will meet to discuss the plans for the upcoming year. This includes our Lunch & Learns, Annual Holiday Party, and other events. We invite you to share your ideas on what you think would be a good topic for a CLE, suggest a speaker you are interested in hearing from, or recommend a place you think would be great for a social.

Speaking of our board, I would like to introduce myself and the amazing team that will be undertaking our many initiatives throughout the year.

My name is Cori Schlitt, FRP, CP, and I will be serving as the OCBA Paralegal Section president this year. I’m a paralegal at Killgore, Pearlman, Semanie, Denius & Squires, P.A., where I assist with consumer defense litigation, creditors’ rights, and commercial litigation matters. I graduated from the University of Central Florida with a bachelor’s degree in legal studies. In my spare time, you might find me traveling, boating, fishing, exercising, or spending time with my dogs.

Shannon Hager, FRP, a litigation paralegal with Greenberg Traurig, P.A., is the immediate past-president of the section. She is a graduate of the Valencia College Paralegal Studies program and is pursuing a bachelor’s degree in legal studies at the University of Central Florida. Shannon has been a member of the OCBA since 2013 and has served on the Paralegal Section Board of Directors since 2015.

Tina Farrington, FRP, of Moye, O’Brien, Pickert, Dillon & Masterson, LLP, is a graduate of the Seminole State College Paralegal Studies program and has 10 years of experience working in the legal field. Tina is from Orlando and enjoys traveling in her spare time. She will be serving as the section’s vice president this year.

Paul Pelton, FRP, is a senior litigation paralegal with 30 years of experience in all phases of civil

trial work. Paul, whose education is in medical science and paralegal studies, concentrates his practice in high-exposure cases involving medical malpractice, nursing home residents’ rights claims, product liability matters, and complex BI claims. He has handled casework for plaintiffs and defendants in state and federal courts throughout Florida from inception through post-trial matters, and in arbitration and mediation proceedings. A published author and a CLE provider, Paul was appointed by the Supreme Court of Florida to the Standing Committee on the Unlicensed Practice of Law for The Florida Bar through 2020. He served as president of the Paralegal Section from 2017-2018, has been a member of its Executive Council since 2015, and currently serves as chair of the Paralegal Mentorship Program.

Shannon Rush, FRP, studied radiography at the Florida Hospital College of Health Sciences. She works at McDonald Toole Wiggins, P.A., where her main focuses are products liability and insurance defense. Shannon enjoys hiking, biking, and traveling and will serve the OCBA Paralegal Section as its secretary/treasurer.

Brittney Bogan, FRP, is a litigation paralegal with the law firm of Rumberger Kirk and Caldwell, P.A. She graduated from the University of Central Florida with a bachelor’s degree in legal studies in 2010. Brittney has been an active member of the OCBA since 2011 and will serve as the section’s social chair this year.

Mara Arvin, FRP, a litigation paralegal with Goldberg Segalla, LLP, handles first-party property and construction defect cases. Mara is a graduate of the Valencia College Paralegal Studies program and will be continuing her education at the University of Central Florida. In her free time, Mara enjoys reading and continuing to learn new things. She is looking forward to serving on the Paralegal Section’s Board of Directors this upcoming term as the communications chair.

Karyna Lavrova is a student in the Valencia College Paralegal Studies program. She currently is employed as a legal assistant for a family law sole practitioner. Karyna has been a member of OCBA since 2018 and is excited to serve as the social chair on the Paralegal Section’s Board of Directors during the coming term.

If there is anything the OCBA Paralegal Section can help you with this year, please do not hesitate

www.orangecountybar.org

continued page 30

PAGE 27

LASTeaching Tips continued from page 14

Teamwork Makes the Dream Work Collaboration is the key to success for children with developmental disabilities. The DD team can aid you in your advocacy for additional benefits and services for these deserving children. The GAL Program partners with Embrace Families and APD to obtain additional services designed to enhance the lives of children with disabilities, such as physical therapy, occupational therapy, speech therapy, and even special teaching technology – anything that will improve the quality of our children’s lives.

APD’s self-described mission is to assist people with living, learning, and working in their communities by increasing access to community-based services, treatment, and residential options. APD offers an array of social, medical, behavioral, and therapeutic services to their clients.

Get the Ball Rolling Embrace Families and the Central Region’s APD office are key partners in obtaining services for dependent children with special needs. Once a child with a developmental disability is identified, the child’s records are submitted to Embrace Families, which reviews them and considers whether to file an APD application. Not all children with a developmental disability diagnosis will qualify for APD services; therefore gathering as much documentation as possible to support the child’s diagnosis and functioning level is a critically important part of the process.

At the beginning of the dependency case, usually the shelter hearing, the court orders a Comprehensive Behavioral Health Assessment (“CBHA”) for the child. The CBHA is a medical snapshot that contains a wealth of information about the child’s background and needs, including whether a child has a disability. The CBHA and medical records diagnosing the child with a developmental disability are essential documents reviewed and considered when determining whether to submit an APD application. Embrace Families, in consultation with the Legal Aid Society GAL Department, submits an APD application to the Agency for Persons with Disabilities if the record review indicates a child appears to be eligible for benefits. APD reviews the child’s application and, if the child meets APD’s criteria, they receive a letter notifying them of eligibility.

Time Frames and Notification The turnaround time from Embrace Families submitting the application to receiv-

LASNews 16 to 24 who are not enrolled in continued from page 15

Many youth in foster care are not enrolled in traditional high high schools, oftentimes due to the circumstances that brought them into care. Many older teens in the dependency system lack the credits to graduate high school by the age of 18, 19, or even 20. Career Conextions, a program powered by CareerSource Central Florida, is a support system created to assist individuals between the ages of

school to obtain their GED and find employment that will lead to careers. The program aids in résumé building and interview skills, provides bus passes and gas cards, partners with local businesses and tech schools to provide real-world experience, and endeavors to place participants in high-growth industries. The program’s goal is to provide young adults with tailored employment opportunities that will lead to careers.

Individuals need a state-issued

PAGE 28

ing an eligibility determination letter from APD is about 60 days. Whenever possible, it is very important to identify children with developmental disabilities in the early stages of the dependency case to ensure that services are in place prior to case closure. The average lifespan of a GAL case is 12 months, so timely identification and submission is important. Generally, APD notifies Embrace Families by mail whether a child’s application was approved or denied. Finally, once a child is determined eligible, the child is added to the APD waitlist to access services.

Collaboration: It’s a Win-Win If the sheer number of steps involved in this process induces fear, you are not alone.

You are truly not alone. We’ve got your back! Advocating for the best interests of a child with special needs is a collaborative effort, and the Legal Aid Society’s DD team is with you every step of the way to make sure we secure the best for our special kids. If you notice one of the above signs with your GAL child, or suspect your child may need special services, all you need do is let us know. From informing the dependency court to ensuring the APD application for services is filed, the DD team will make certain each step needed to make life better for our special-needs dependent children is taken.

For more information about becoming a GAL, please contact Mexcye C. Roberts, Esq., at mroberts@legalaidocba.org, or 407-841-8310 ext. 3176. For more information about how to become a financial donor, or to help with fundraising opportunities, please contact Donna Haynes, development director, at dhaynes@legalaidocba.org, or 407-515-1850.

Mexcye C. Roberts, Esq., is the Guardian ad Litem Program developmental disabilities attorney. She has been a member of the OCBA since 2015.

ID, a birth certificate, and a social security card to participate in the program.

If you are interested, the Legal Aid Society GAL Department would be happy to connect your GAL youth to any of these programs or court services, or initiate conversations about vital documents. We are a member of your GAL village!

For information regarding employment opportunities for youth in the dependency system, or for more information

www.orangecountybar.org

about becoming a GAL, please contact Katie Pareja, Esq., at kpareja@legalaidocba.org, or 407-841-8310 ext. 3155. For more information about how to become a financial donor, or to help with fundraising opportunities, please contact Donna Haynes, development director, dhaynes@legalaidocba.org, or 407-515-1850.

Katie M. Pareja, Esq., is a GAL Program attorney with the Legal Aid Society of the Orange County Bar Association. She has been a member of the OCBA since 2018.

theBriefs July 2019 Vol. 87 No. 6

Solo & Small FirmCommittee

How to Build Your Practice One Shoe at a Time Before you judge someone, walk a mile in their shoes.

Then, when you judge them, you are a mile away – … and you have their shoes! 1

O Jordan M. Ostroff, Esq.

theBriefs July 2019 Vol. 87 No. 6

bviously, I am not advocating stealing shoes, but as lawyers, we do not sell products, we cannot offer case law that applies only to our clients, we do not have better widgets than the next widget store. So, what do we have? We have our word, our reputation, and our client experience.

I can’t help you stick to your word or build a great reputation, at least not in 750 to 1,000 words; those take time to build (but only a moment to destroy). The client experience, however, is something that you can immediately fix, change, and improve to help grow your business.

For those of us who run small firms, each lead can be the difference between making payroll, covering rent, or even just being able to say “no” to that other case that raises red flags and that you really want to avoid taking.

So here are my tips and suggestions to make sure your client experience is the best that it can be, to make sure your client enjoys having you as their lawyer, and to get your client to come back or send friends and family to you – put yourself in their shoes!

I am not suggesting that you go and get into a car accident, get a divorce, or (like my clients) get into a business dispute or commit a crime. However, if you have gone through any of those terrible things, or if you have ever had to be the client of the lawyer, then create a list of the likes and dislikes from your experience. Was it easy to hire the lawyer?

Did you feel like it was worth the cost? Why or why not? Did that lawyer do anything that pleasantly surprised you? Is there something the lawyer could have done better? Asking questions like these is the best place to start this exercise.

If you have not had these experiences firsthand, then talk to people who have. Ask them those same questions, and ask three to five former clients who you know will be honest with you about their experience with you and your firm. You might not like the answers, but you should appreciate the feedback. Every day offers a chance to improve from yesterday, and every new client offers a chance to provide a better experience than the one before.

What if you are starting out or you can’t find the right answers? Well, guess what… you have been

a customer before, right? What is the difference between buying a car or hiring a criminal defense attorney? Obviously, the actual work is different, but the process is the same. Ask yourself the same questions about the last few purchases you have made and see what comes up. What influenced your decision to buy? What did you like or dislike about the salesperson? How did they explain what you were getting for the price? These experiences should give you ideas about how to improve your own customer service, help you figure out what sort of payment options work well, make you understand what sales approaches turn people off, or even help you decide whether to offer free cookies to children in your law office. Great! You are growing as a business owner and trying to be the best firm you can be, and that’s huge!

Some specifics to consider that have been very helpful to my firm: Have multiple offices or the ability to meet clients in different locations. Many of our clients cannot drive (or, at least, legally should not drive), so we meet them in other offices, coffee shops, or even in the courthouse before court to save them from having to ask a friend for a ride or from paying for one.

Allow clients to e-sign documents. Since our firm implemented e-signing, any document that I cannot readily e-sign has negatively stood out to me.

SignNow and similar services cost around $10 per month. If offering this service returns even one document faster, or helps you bring in one case that you otherwise would not have, it will pay for itself ten times over. It’s a fairly easy service to add to your practice that can have huge ramifications and improve the customer experience.

And last, but not least, be empathetic to your clients. Most of our clients are coming to us in their greatest time of need. They are hurt and cannot work, they do not want to go to jail or prison, or they are going to lose their business. Imagine yourself in their shoes. What would you want to hear? In most situations, listening, letting people vent, and then explaining how you can try to help will improve the services you provide. And then put your words into action!

Lawyers Disclaimer: This list is by no means exhaustive, and every practice area will have its own unique goals and challenges in meeting and maintaining client expectations, but it offers a starting point.

www.orangecountybar.org

continued page 30

PAGE 29

Solo & Small FirmCommittee continued from page 29

Date

Author

Book

Discussion Leader

September 11, 2019

Don Delillo

Underworld

Andrew Thompson

October 9, 2019

Emily Bronte

Wuthering Heights

Susan Patterson

November 13, 2019

Herman Melville

Benito Cereno

Jules Cohen

December 11, 2019

Ivan Turgenev

Fathers and Sons

Dotty Green

January 8, 2020

Christine Schutt

Florida

Dennis Wall

And I can promise you, many firms are not prioritizing their client experience, so you can set yours apart by being the one that does (and it costs, at most, a few extra dollars a month).

So, take 15 minutes to think about it, and implement some changes. Give the changes about two to three months to take effect, seek feedback, and then realize the return.

After that, figure out the next few changes you can make to continue to build. After a few reevaluations, please email me at jordan@jordanlawfl.com and let me know how it went.

The journey of a thousand miles begins with but a single step!2

February 12, 2020

Ray Bradbury

Fahrenheit 451

David Falstad

You’ve got the shoes, now take the first step.

March 11, 2020

Richard Powell

Overstory

Kim Ashby

April 8, 2020

Phillip K. Dick

Ubik

Robert Hoofman

May 13, 2020

David Szalay

All That Man Is

Constantine (Dean) Papas

Jordan M. Ostroff, Esq., Ostroff Law, practices primarily in the area of criminal defense and professional licensing. He has been a member of the OCBA since 2015.

June 10, 2020

Louisa May Alcott

Little Women

Honorable Dan Traver

Robert Mansbach Lawyers’ Literary Committee of the Orange County Bar Association Reading List 2019 - 2020

Lao Tzu, The Journey of a Thousand Miles Begins with One Step, Brainy Quote, (last visited June 5, 2019, 9:22 a.m.), https://www.brainyquote.com/quotes/lao_tzu_137141.

2 Lao Tzu, The Journey of a Thousand Miles Begins with One Step, Brainy Quote, (last visited June 5, 2019, 9:22 a.m.), https://www.brainyquote.com/quotes/lao_tzu_137141.

1

ParalegalPost continued from page 27

to reach out to us. We will be keeping in touch via email and our Facebook page, and the OCBA calendar and Paralegal Section page on the website will be updated with all of our upcoming events and ways to get involved.

Cori Schlitt, FRP, CP, is a paralegal at Killgore, Pearlman, Semanie, Denius & Squires, P.A., where she assists with consumer defense litigation, creditors’ rights and commercial litigation matters. She has been a member of the OCBA since 2018.

The greatest good you can do for another is not just to share your riches but to reveal to him his own.

— Benjamin Disraeli

JULY 8: Best Practices for Business Litigators Speakers: Hon. Don Myers; Eric Reed, Esq.

Mentoring is a brain to pick, an ear to listen, and a push in the right direction.

— John Crosby

Bring your lunch and pick up great practice pointers!

Seating is limited. RSVPs are requested. See Announcements on page 37 for complete info.

12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor • RSVP to: Cindy Brown at ctjacb1@ocnjcc.org PAGE 30

www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

Hearsay...

And so with the sunshine and the great bursts of leaves growing on the trees, just as things grow in fast movies, I had that familiar conviction that life was beginning over again with the summer.

—F. Scott Fitzgerald, The Great Gatsby

M Linnea M. Eberhart, Esq.

any things begin anew in summer – the lineup of upcoming blockbuster movies, our resolutions to get “beach-bod” ready for another season of sun and barbeques and, of course, the fiscal year for the Orange County Bar Association and its various committees and sections. It’s that time of year where we welcome new executive board members, recruit new committee chairs or members, and start planning for how we’re going to make our mark in the months to come. I recently attended the Young Lawyers Section Pass the Gavel luncheon where I was fortunate to hear from a long line of former YLS presidents about their many contributions over the years as well as from our incoming president about the goals he has for his term. It instilled in me a renewed vigor to get involved in the coming year so that I, too, could leave my mark. If you’re interested as well, now’s a good time because we’re looking for you! Reach out to an organization you’re interested in, and check out what they’re starting to put on their calendars because I promise you, they all have big things to come.

And of course, no one knows that better than the folks who are already making their mark this year:

Honors and Awards

Suzanne E. Gilbert, Esq., of Holland & Knight, LLP, was honored as a Business Executive of the Year for her litigation success on behalf of clients, deep community involvement, and professional leadership by the Women Who Mean Business Awards from the Orlando Business Journal.

Davey T. Jay, Esq., of Meehle & Jay, P.A., was awarded the Service Excellence Alumni Award from Barry University School of Law. Brian M. Malec, Esq., a shareholder in the estate and succession planning department of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., has been elected a Fellow of the American College of Trust and Estate Counsel.

Community Involvement

Ryan E. Davis, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., was appointed vice president of the Adult Literacy League of Central Florida.

J. Jeffrey Deery, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., has been named chairman of the Board of Trustees of ELEVATE Orlando.

Elizabeth A. Green, Esq., of BakerHostetler, LLP, spoke at the Bay Area Bankruptcy Forum in theBriefs July 2019 Vol. 87 No. 6

California on the topic of the intersection of the Bankruptcy Code, healthcare statutes and regulations, and not-for-profit law, and its impact on healthcare bankruptcy cases.

Jeffery Q. Jonasen, Esq., of Gunster, has been elected chair of the Central Florida Foundation.

Joseph M. Percopo, Esq., of Matter Harbert, P.A., presented a workshop on the basics of estate planning in conjunction with Fairwinds Credit Union.

On the Move

R. Dean Cannon, Esq., has been named president and managing director of GrayRobinson, P.A., effective September 1, 2019.

Linnea M. Eberhart, Esq., has joined Losey PLLC, practicing in the areas of intellectual property, employment law, and commercial litigation.

Chase E. Hattaway, Esq., has become a partner at Rumberger, Kirk & Caldwell, P.A. Jessica M. Kennedy, Esq., was elevated to partner at McDonald Toole Wiggins, P.A. Amanda J. Podlucky, Esq., has been elevated from associate to shareholder at Marshall Dennehey Warner Coleman & Goggin.

In Memoriam

William (“Bill”) Leon Eagan, Esq., of Winter Park, passed away on May 18, 2019, at the age of 91. He served in the Navy during WWII and later attended the University of Tampa and Ringling School of Art, where he met and married his wife of 70 years, Marjorie. Bill attended the University of Florida College of Law, graduating with high honors. He received the Order of the Coif and served on Law Review, among other honors.

Upon graduating law school, he joined Arnold Matheny, P.A. Bill was recognized as a pillar of the greater Orlando legal community. He is survived by his wife, children, grandchildren, and siblings, including his daughter, OCBA member Barbara A. Eagan, Esq. The “Hearsay” column is for you! Have you been promoted? Did you join a new firm? Have you been appointed to a community organization or professional board, or been recognized for a significant accomplishment? Do you know of a member who has passed away? If so, we invite you to submit your news to “Hearsay” columnist Linnea Eberhart, Esq., at leberhart@losey.law, at any time. We look forward to hearing from you! See you next month, “Hearsay”!

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, practicing in the areas of intellectual property and employment law. She has been a member of the OCBA since 2015.

www.orangecountybar.org

PAGE 31

Intellectual PropertyCommittee continued from page 13

unconventional approach to the use of a certain drug.18 The court found that the blog posts were not “commercial speech” because, for example, they did not propose any commercial transactions.19 Additional Strategic Considerations In addition to a high burden of proof and numerous defenses, defamation actions pose additional risks, legal and non-legal. Perhaps foremost among these is the public relations risk of drawing widespread attention and publicity to the derogatory statements, which might otherwise enjoy limited dissemination. Defamation suits can backfire on a plaintiff whose primary goal is to clear its good name. A lawsuit seeking to correct or remove false or private information from the public domain can have the opposite effect, sometimes referred to as the “Streisand Effect.”20 Conclusion For a business that believes it has been damaged by online consumer reviews, recent developments in Lanham Act law might provide relief, particularly if the website on which the reviews appear accepts affiliate advertising commissions from its competitors. Such claims still pose legal hurdles and risks, however. Thus, any business seeking legal relief from online disparagement should carefully consult with experienced legal and public relations professionals.

Gregory W. Herbert, Esq., Board Certified in intellectual property law, serves as the co-chair of the Litigation Department for the Orlando office of international law firm Greenberg Traurig, P.A. He has been a member of the OCBA since 1987.

Lexmark Intern, Inc. v. Static Control Components, Inc., 572 U.S. 118, 134 S. Ct. 1377, 1385 (2014).

2 Id. 3 134 S.Ct. at 1391.

4 See, e.g., Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., 193 F. Supp.

3d 556, 570 (E.D. Va. 2016), aff’d, 700 F. App’x 251 (4th Cir. 2017) (statements by nonprofit “ethical-sourcing” egg certification organization); Enigma Software Group USA, LLC v. Bleeping Computers LLC, 194 F. Supp. 3d 263 (S.D.N.Y. 2016) (software blog featuring consumer reviews and advice); Casper Sleep, Inc. v. Mitcham, 204 F. Supp. 3d 632 (S.D.N.Y. 2016) (mattress review site); Purple Innovation, LLC v. Honest Reviews, 2018 WL 840035 (D. Utah Feb. 12, 2018) (mattress review site); Tobinick v. Novella, 848 F. 3d 935 (11th Cir. 2017) (doctor’s blog); Golo, LLC v. HighYa, LLC, 2018 WL 2086733 (E.D. Pa. May 4, 2018) (consumer review dieting site).

5 193 F.Supp.3d 556, 570 (E.D. Va. 2016), aff’d, 700 F. App’x 251 (4th Cir. 2017).

6 Id. at 564-65.

7 Id. at 569.

8 Id. (emphasis added).

9 Id. at 572.

10 Id. 11 Id. at 570.

12 Id. at 571.

13 204 F.Supp.3d 632 (S.D.N.Y. 2016).

14 Id. at 635-36.

15 Id. at 641.

16 194 F.Supp.3d 263 (S.D.N.Y. 2016).

17 See, e.g., Tobinick v. Novella, 848 F.3d 935 (11th Cir. 2017); Golo, LLC v. HighYa, LLC, 2018 WL 2086733 (E.D. Pa. May 4, 2018).

18 848 F.3d at 940-41.

19 Id. at 951-53.

20 Barbara Streisand filed a suit seeking to remove an aerial photo of her Malibu home from a website, which resulted in millions more individuals viewing the photo.

1

2019

JUL 9, 2019

Guardian Advocate

JUL 23, 2019

GAL Training – Advocating for Transitioning Youth with Mental Health Diagnoses

AUG 6, 2019

Family Law Case Update & Legislative Wrap Up

AUG 20, 2019

GAL Training – Nurturing Our Newborns: Advocacy in Early Childhood Court

SEPT 10, 2019

Relocations & DV

SEPT 24, 2019

GAL Training – GAL Advocacy for Crossover Youth

OCT 8, 2019

Sealing/Expunction

OCT 22, 2019

GAL Training – GAL Appeals: The Final Frontier

NOV 5, 2019

Immigration Topic

NOV 12, 2019 GAL Training – Understanding Lesser-known Placement Options (Kinship Program) Training classes are free for OCBA members and non-OCBA members participating DEC 3, 2019 in the LASHousing pro bono program. Pre-registration is required for the free lunch and requested training (or subject to space availability DEC 10, 2019 GALforTraining – Treating Trauma in Dependent Youthif not pre-registered).

JULY - DECEMBER 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 JULY TRAININGS HELD AT

Marks Street Senior Recreation Complex

99 East Marks Street, Orlando, FL 32803 Cypress Room

– Beginning in August –

ALL TRAININGS WILL BE HELD AT

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).

PAGE 32

www.orangecountybar.org

Bay Equity, Lucerne Plaza

100 W. Lucerne Cir., Ste. 502 Orlando, Florida 32801 Parking is free.

To avoid 408 road construction, type into your GPS: 116 America St., Orlando, FL 32801

theBriefs July 2019 Vol. 87 No. 6

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PAGE 33

GOAABA & CFGALLA

Ani Rodriguez-Newbern

Scott Leitner, Leia Leitner, Annie Kwong, Jim Chung, Scott Newburn, Ani Rodriguez-Newburn

FBA – Central Florida World Intellectual Property Day

Allison R. Imber, Lauren Millcarek, Stephen Luther, Ava Doppelt, Ryan Santurri, Brian Gilchrist

Health & Wellness Event

Ryan and Amber Davis and family, Eli Mattern, Lakisha Davis, Tim and Maureen Rogers, Lauren Millcarek, Brandon Sapp

FBA Board at the Hon. Leslie R. Hoffman’s Investiture Front: Patrick Brackins Dan Eckhart Robin Nauman Lauren Millcarek Jamie White Dustin Mauser-Claassen Vince Citro Back: Colin Baker Andrew Ballentine Ryan Santurri

Lauren Millcarek Magistrate Judge Leslie R. Hoffman

PAGE 34 www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

SideBar

T

he rising temperatures aren’t the only things that are HOT, HOT, HOT. Take a look and see what our voluntary organizations have been doing to dive right into the busy (and hot) summer months!

HBACF

Alena V. Baker, Esq.

On May 17, 2019, the Hispanic Bar Association of Central Florida (“HBACF”) hosted its 2019 Domino Tournament at the Garden Villa at Florida Federation of Garden Clubs. Congrats to all the participants and especially to the 2019 champs: Jessica Travis, Esq., and Rob Rivera.

PCPBA

The Paul C. Perkins Bar Association (“PCPBA”) held its 11th Annual Scholarship and Installation Luncheon on May 30, 2019, at the Citrus Club.

At this luncheon, scholarships were awarded to students from Florida A&M University College of Law and Barry University School of Law. Additionally, the 2019-2020 PCPBA Executive Board was installed. This year’s keynote speaker was Desmond Meade, who is a voting rights activist and executive director of the Florida Rights Restoration Coalition.

Desmond led the successful effort to pass Florida Amendment 4, a 2018 initiative to restore voting rights to many Floridians with previous felony convictions.

CFAWL

The Central Florida Association for Women Lawyers (“CFAWL”) kicked off summer in high gear with lots of fun events. On June 7, 2019, CFAWL hosted its monthly First Friday Luncheon, which featured Florida Bar president-elect John M. Stewart, Esq. Then, on June 8, 2019, CFAWL hosted its Table For 8 program. On June 10, 2019, CFAWL hosted its Brown Bag Series lunch followed by a professionalism roundtable on June 13, 2019.

A few days later, on June 18, 2019, CFAWL members attended a flower arranging event at the Orlando Flower Market. The event included a fun night of wine, flower arranging, and food! Members were able to learn some great tips and tricks for creating their own floral centerpieces. And, finally, on June 27, 2019, CFAWL hosted another Table for 8 program with a red, white, and blue theme.

theBriefs July 2019 Vol. 87 No. 6

www.orangecountybar.org

GOAABA

On June 12, 2019, the Greater Orlando Asian American Bar Association (“GOAABA”) hosted a happy hour at Sus-hi Eatstation. This happy hour was a wonderful way to celebrate the 2018-2019 board. On June 15, 2019, GOABBA volunteered with the Clean the World Foundation. This familyfriendly event ended with a group outing to Taste of Chengdu. In addition, on June 22, 2019, GOAABA hosted another fun family event where participants got to practice swinging their golf clubs at Drive Shack.

CFGALLA

On May 11, 2019, the Central Florida Gay and Lesbian Law Association (“CFGALLA”) and GOAABA members gathered at Planet Obstacle to tackle obstacle courses, climb walls, and drive go karts. A fun time was had by all!

FBA The Bench Bar Fund of the Middle District of Florida and the Federal Bar Association – Central Florida Chapter (“FBA”) are excited to provide law students who will be working and studying in Orlando with an inaugural summer series program this summer. The six-part series will be free and aims to bring to life what law students, summer associates, and law clerks have studied in law school.

Each event will introduce students to federal judges, federal practitioners, and various aspects of federal practice. For a complete list of dates, as well as information about how to register, please contact the FBA. 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 a board member of the Criminal Law Committee of the OCBA.

PAGE 35

Ne w M embe rs Attorneys

Amanda D. HUNT

Law Students

Kirsten L. BARTHOLOMEW

Young B. KIM

Jacob DELORME

Kelscey A. BOYLE

Sarah Lindsay MORGAN

Ian JOHNSON

Katrina T. MOSCISKI

Mari MINKS

K. Douglas WALKER

Kayla L. PINKERMAN

Corey J. WHITE

Nicole M. SPEER

Affiliates

Paralegal Student

Charlotte A. DOWNES

Margareth ROSSINI

India J. DAVIS Maria E. DENNISON Benjamin F. ELLIOTT Roselin FIGUEROA Andrew Jay FOWINKLE Dalton L. GRAY Virginia A. HORTON

Liza N. GUZMAN Patricia HOLLAND

Invite your colleagues to join the OCBA today!

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

407-422-4551, ext. 225

Beth RIVERA

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.

Winderweedle, Haines, 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, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Artemis Family Law Group, PLLC Arwani Law Firm Aust Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Beshara, P.A. Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A.

Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Small Business Counsel Southern Trial Counsel Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona 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.

Fassett, Anthony & Taylor, P.A. Forward Law Firm P.A. Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Green Family Law, P.A. 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 Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton 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

PAGE 36 www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

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

Speaker: TBD. Register by Aug. 5 through the OCBA Store.

Aug. 16 – New Lawyer Training Program – Day 1. 8:30 a.m.5:20 p.m. Orange County Courthouse, Jury Assembly Room.

See ad on page 17 in this issue of The Briefs.

Aug. 17 – New Lawyer Training Program – Day 2. 7:45 a.m.5:00 p.m. OCBA Center, Grand Cypress Room. See ad on page 17 in this issue of The Briefs.

Seminars July 8 – Brown Bag Luncheon with Tanya & the Bobs. Best Practices for Business Litigators. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0. Speakers: Hon. Donald Myers; Eric Reed, Esq. RSVPs are requested.

Contact: Cindy Brown at ctjacb1@ocnjcc.org.

July 8 – Estate, Guardianship & Trust Committee. Tapping into the Latest Legal Technology. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 technology (pending).

Free (OCBA members/gov’t/students); $20 (nonmembers).

Speaker: David Yergey III. Sponsored by K. Mitchell Team.

Register by July 5 through the OCBA Store.

July 9 – LAS Lunchtime Training. Guardian Advocate. 12:00 p.m.-1:30 p.m. Marks Street Senior Recreation Complex, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Hon. Jose Rodriguez (Ret.); Tenesia C. Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 16 – Technology Committee and Criminal Law Committee. Digital Forensics Brief for Attorneys. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general and 1.0 technology (approved). Free (OCBA members/gov’t/students); $20 (nonmembers). Lunch is provided. Speakers: Santiago Ayala; Aaron Weiss. Sponsored by Hex21 Group. Register by July 14 through the OCBA Store.

July 23 – LAS Lunchtime Training. GAL Training: Advocating for Transitioning Youth with Mental Health Diagnoses. 12:00 p.m.-1:30 p.m. Marks Street Senior Recreation Complex, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Marie Priebe, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba. org.

July 26 – Bankruptcy Law Committee. Hot Off the Press and Effective August 1, 2019! New Student Loan Modification Program for the United States Bankruptcy Court for the Middle District of Florida. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Robert Bailey Branson, Esq.; Tammy Branson, BransonLaw PLLC; Igor Roitburg, Default Mitigation Management LLC. Register by July 24 through the OCBA Store.

Aug. 2 – In-house & General Counsel Committee. The Unique Ethical Pitfalls and Challenges of In-house Counsel.

12:00 p.m.-1:30 p.m. OCBA Center. CLE: 1.5, including ethics (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Mayanne Downs, Esq.; Diego “Woody” Rodriguez, Esq.; Gerard Glynn, Esq. Sponsored by Seacoast Bank, Courtroom Sciences Inc. Register by July 31 through the OCBA Store.

Aug. 6 – LAS Lunchtime Training. Family Law Case Update & Legislative Wrap Up. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, Florida 32801.

CLE: pending. Speaker: Tenesia C. Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Aug. 7 – Business Law Committee. Details to come.

Aug. 8 – Criminal Law Committee. Traffic Hearings, DWLS & Assisting Clients to Reinstate Their Driver’s License. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 1.5 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Brian S. Sandor, Esq.; Jeff Lotter, Esq. Register by Aug. 6 through the OCBA Store.

Aug. 9 – Labor & Employment Committee. Details to come.

Aug. 12 – Estate, Guardianship & Trust Committee. What are ABLE Accounts? 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: John Finch; Catherine Davey, Esq. Sponsored by K. Mitchell Team. Register by Aug. 9 through the OCBA Store.

Aug. 13 – Technology Committee. Details to come.

Aug. 16 – Family Law Committee. Collaborative Process Option in Family Law Matters. 12:00 p.m.-1:00 p.m. OCBA Center.

CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Michael P. Sampson, Esq.; Dr. Roberta Marowitz, LMFT; Chad Elferink, C.P.A. Sponsored by K. Mitchell Team; HealthMarkets Insurance Agency.

Register by Aug. 14 through the OCBA Store.

Aug. 20 – LAS Lunchtime Training. GAL Training: Nurturing Our Newborns: Advocacy in Early Childhood Court. 12:00 p.m.1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, Florida 32801. CLE: pending. Speaker: Jonathan Neyer, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba. org.

Aug. 30 – Bankruptcy Law Committee. Details to come.

Events & Seminars

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CLASSIFIED ADS EMPLOYMENT DOWNTOWN ORLANDO LITIGATION FIRM seeking paralegal with 5 years’ experience. Insurance defense experience preferred. Benefits and salary are based on experience. E-mail your resume to Dianna@vasko. net.

ASSOCIATE ATTORNEY 1-5 YEARS EXP. Full or Parttime. Insurance/Product Liability. Reply to Hiring Partner: P.O. Box 1150, Winter Park, FL 32790.

LEGAL ASSISTANT/ ASSISTANT FULL OR PART-TIME. Prior litigation experience preferred. Reply to Hiring Partner: P.O. Box 1150, Winter Park, FL 32790.

THE ORANGE COUNTY CLERK’S SELF HELP CENTER is in need of attorneys who speak Spanish, Creole or are ASL certified. The Self Help Center attorneys provide consultations to clients who need information regarding family law, evictions, and small claims. Self Help Center Attorneys can sign up to work for one or more days per month. For more information, please contact Candice Maull at candiced@ ocbanet.org.

DOWNTOWN ORLANDO LITIGATION FIRM seeking attorney with 5 years’ experience. Insurance defense experience preferred. Benefits and

salary are based on experience. E-mail your resume to Dianna@vasko. net.

SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751

OFFICE SPACE/SALE/ RENT/LEASE/SHARE TWO FURNISHED ATTORNEY OFFICES – Downtown Orlando, one

block from courthouse, post office and restaurants.

Parking, conference rooms and kitchen use included.

Call Kacy (407) 259-2426.

SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact kristy@ kellyjuris.com.

OFFICE SPACE FOR RENT on Robinson Street. Available now!

Newly renovated. Shared conference room, kitchen, and parking. Contact Lauren at 407-490-2467 or Lauren@ HeatwoleLaw.com.

Book Your Next Event at the Orange County Bar Association The Orange County Bar Association (OCBA) is the perfect choice for meetings in Downtown Orlando. We offer first-class meeting facilities. Our on-site meeting coordinator is at your service, ready to assist with everything from room setup and technology support, to food and beverage orders, hotel accommodations, and dinner reservations. We also offer free on-site parking.

Grand Cypress

Magnolia

For additional information contact: Ashley Norris (Events & Seminars Manager) 407-422-4551 x.233 or ashleyn@ocbanet.org

Room

Full-day Rate

Half-day Rate

Capacity

Grand Cypress

$400

$200

Up to 100 1,600 sq. ft.

Palm

$200

$100

16 330 sq. ft.

Magnolia

$175

$80

12 220 sq. ft.

Azalea

$100

$50

12 220 sq. ft.

Gardenia

$100

$50

6 150 sq. ft.

The Orange County Bar Association // 880 N. Orange Ave. // Orlando, FL 32801 PAGE 38

www.orangecountybar.org

theBriefs July 2019 Vol. 87 No. 6

PhotoOps OCBA Ask-a-Lawyer OCBA and the Orange County Clerk’s Office co-hosted an Ask-a-Lawyer event on May 16, 2019, at the South Creek Public Library. Thank you to the Lawyer Referral Service attorneys who answered questions from the public regarding family and employment law.

Roberta Walton Rasheed Allen Lauren Brusca Bernice Bird Vanette Augustin

DSK Law Volunteers at Second Harvest Food Bank

More than 40 DSK Law attorneys and staff members recently volunteered at the Second Harvest Food Bank of Central Florida. Traditionally, DSK Law volunteers on Good Friday every year. DSK was split into two teams: one team sorted 10,432 pounds of frozen meat; and the other sorted 4,789 pounds of dry and canned goods. Through the efforts of both teams, DSK Law and Second Harvest were able to provide 12,684 meals to our community.

OCBA Member Perks / June 12, 2019 Speaker: The Honorable Robert Wesley

Rob Secrist Michael Kaney The Hon. Donald Myers Eric Reed Tony Sos

Donna Haynes Jenny Brown Ava Doppelt Ollie Phipps

The Hon. Robert Wesley Eric Reed

The Hon. Emerson Thompson Donald Lykkebak

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O C B AJULYC- AUGUST alendar

JULY

2

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

3

Elder Law Committee Meeting 12:00 p.m. • OCBA Center

8

Estate, Guardianship & Trust Committee Seminar Tapping into the Latest Legal Technology 12:00 p.m. • OCBA Center Brown Bag Luncheon with Tanya & the Bobs Best Practices for Business Litigators 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

9

LAS Lunchtime Training Guardian Advocate 12:00 p.m. • Marks St. Senior Rec. Complex

10

Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center

11

Social Security Committee Meeting 12:00 p.m. • OCBA Center

Civil Rights Law Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center

16

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

PAGE 40

July Luncheon July 25, 2019

The Honorable Donald A. Myers, Jr. 11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando 191 E. Pine St., Orlando, FL 32801 RSVP by July 22, 2019 // orangecountybar.org/store Title Sponsor: Veritext Legal Solutions

Technology and Criminal Law Committees Seminar Digital Forensics Brief for Attorneys 12:00 p.m. • OCBA Center

LAS Lunchtime Training Family Law Case Update & Legislative Wrap Up 12:00 p.m. • Bay Equity, Lucerne Plaza

Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law

17

Real Property Committee Meeting 11:30 a.m. • OCBA Center

YLS Luncheon 11:30 a.m. • Citrus Club

19

Member Perks 8:30 a.m. • OCBA Center

23

Elder Law Committee Meeting 12:00 p.m. • OCBA Center

LAS Lunchtime Training GAL Training: Advocating for Transitioning Youth with Mental Health Diagnoses 12:00 p.m. • Marks St. Senior Rec. Complex

25

OCBA Luncheon The Honorable Donald A. Meyers, Jr. 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando

26

Bankruptcy Law Committee Seminar Hot Off the Press and Effective August 1, 2019!

New Student Loan Modification Program for the United States Bankruptcy Court for the Middle District of Florida.

12:00 p.m. • OCBA Center

AUGUST

2

In-house & General Counsel Committee Seminar

The Unique Ethical Pitfalls and Challenges of In-house Counsel 12:00 p.m. • OCBA Center

7

Business Law Committee Seminar TBD

8

Criminal Law Committee Seminar Traffic Hearings, DWLS & Assisting Clients to Reinstate Their Driver’s License 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 12:00 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center

16

New Lawyer Training Program – Day 1 8:30 a.m. • Orange County Courthouse, Jury Assembly Room YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar Collaborative Process Option in Family Law Matters 12:00 p.m. • OCBA Center

17

New Lawyer Training Program – Day 2 7:45 a.m. • OCBA Center, Grand Cypress Room

20

LAS Lunchtime Training

GAL Training: Nurturing Our Newborns: Advocacy in Early Childhood Court

12:00 p.m. • Bay Equity, Lucerne Plaza

9

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

12

Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law

Labor & Employment Committee Seminar TBD Estate, Guardianship & Trust Committee Seminar What are ABLE Accounts?

12:00 p.m. • OCBA Center

13

Technology Committee Seminar TBD

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

6

OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

Construction Law Committee Meeting 5:00 p.m. • OCBA Center

14

www.orangecountybar.org

21 22

OCBA Luncheon

Aurora McCreary, Esq. 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando

30

Bankruptcy Law Committee Seminar TBD

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880 North Orange Avenue Orlando, Florida 32801

PRSRT STD U.S. POSTAGE PAID MID-FL FL PERMIT NO. 581