Issuu

2020-2021 OCBA Executive Council Inside this Issue: Inside this Issue: President’s Message President’s One People, Message One Community, One Bar! The Courage of an Unpopular Voice LaShawnda K. Jackson, Esq. Creates a Human Rights Champion… and He Lives in Our Backyard Feature AnthonytoF.Know Sos, Esq. Getting LaShawnda Jackson: July 2020 March 2020 Vol. 88 No. 6 Vol. 88 No. 3

Trailblazer, Advocate, and Teacher

Family Law Committee Professionalism CommitteeFinancial Support Helping Families Maximize Our Reputation Precedes Us for Individuals with Disabilities While Robert W. Borr, Esq. Maintaining Government Benefits Catherine Esq.Committee DiversityE.&Davey, Inclusion Words Unspoken

Intellectual Property Esq. Committee Ahmad S. El-Gendi, Hazy Regulations: The Attack on Loot Boxes 12th Annual Breakfast Sean Méndez-Catlin, Esq.of Champions

STRENGTH DERIVED FROM UNITY Since 1989 our firm has earned an outstanding reputation through collaboration and perseverance. As the go-to resource for Floridaâ€™s community and attorneys, we fight to secure life changing results for our clients.

Tony Sos Trial Attorney

dwklaw.com | 407.244.3000 | asos@dwklaw.com

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 1

the Briefs

Contents 3

President’s Message One People, One Community, One Bar! LaShawnda K. Jackson, Esq.

Clerk’s Corner Court Registry and Family Mediation Payments Are Now Available Right Online The Honorable Tiffany Moore Russell

Legal Aid Society What We Do... Advocating for the “Bad Kid” Marie M. Priebe, Esq.

Hearsay Columnist Linnea M. Eberhart

Voluntary Bar News SideBar Alena V. Baker, Esq.

YLS on the Move Andrew P. Irvin SideBar Alena V. Baker

Intellectual Property Committee Hazy Regulations: The Attack on Loot Boxes Sean Méndez-Catlin, Esq.

Professionalism Committee Remarks Upon Receipt of the 2020 OCBA Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Keshara D. Cowans, Esq.

Feature Getting to Know LaShawnda Jackson: Trailblazer, Advocate, and Teacher

Chief’s Column A Season of Gratitude The Honorable Donald A. Myers, Jr.

Family Law Committee Helping Families Maximize Financial Support for Individuals with Disabilities While Maintaining Government Benefits Catherine E. Davey, Esq.

w OFFICERS LaShawnda K. Jackson, President Eric C. Reed, President-elect Karen L. Persis, Treasurer Amber N. Davis, Secretary

Young Lawyers Section News YLS on the Move Andrew P. Irvin, Esq.

w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Jennifer Smith Thomas Jessica A. Travis William D. Umansky M. Ryan Williams Anthony F. Sos, Ex-officio Brandon M. Sapp, YLS President

OCBA Member News Hearsay Linnea M. Eberhart, Esq.

Paralegal Post How to Get the Most Out of Your Next CLE Nancy L. Jordahl, ACP, FRP, FCP

New Members

Classifieds

32 Calendar

Associate Editors Karen L. Middlekauff & John M. Hunt

OCBA July Luncheon Orange/Osceola State Attorney Candidates Debate

Editor Robyn M. Kramer

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Peggy Storch

DEADLINE INFORMATION

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

Legal Aid Society News Florida Supreme Court Honors Orange County Attorneys Legal Aid Society 2019 Pro Bono Honor Roll

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution 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 ©2020 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover illustration: Priscilla Dodrill ISSN 1947-3968

PAGE 2

www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

President’sMessage

July 2020 M

One People, One Community, One Bar!

any join the board of an organization out of a sense of service or responsibility, but mostly out of pure passion. I can certainly say that is the case for the members of the OCBA Executive Council. From the financially fiscal wizards, to the intellectual property and bylaws gurus, to those always willing to confront the elephant in the room, they are passionate about the OCBA, its missions, and its LaShawnda K. Jackson, Esq. goals. They all bring their own unique experiences and perceptions to advance the OCBA. Although the installation luncheon has been postponed to August 27, 2020, I did not want to start the 2020-2021 bar year without welcoming Lisa Guerrero, Bruce Mount, Jennifer Smith Thomas, and YLS President Brandon Sapp to the Executive Council. I also want thank the returning members of the Executive Council who continue to be passionate about the OCBA and its membership: President-Elect Eric Reed, Treasurer Karen Persis, Secretary Amber Davis, Immediate Past President Anthony “Tony” Sos, Euribiades “Euri” Cerrud, II, Keshara Cowans, Arti Hirani, Catherine “Kate” Hollis, Kristopher Kest, Gary Salzman, Jessica Travis, William D. “Bill” Umansky, and Ryan Williams. These are the people who have worked for years ensuring the sustainability of the OCBA, even during economic downturns. Due to social distancing guidelines, we were unable to pose for our annual Executive Council photograph in May, so we wanted to surprise them with the special cover on the July issue of The Briefs. Thanks! Speaking of The Briefs, you may have noticed some changes to the editorial staff. Congratulations to our new Editor Robyn M. Kramer, returning Associate Editor Karen L. Middlekauff, and new Associate Editor John M. Hunt. As a former co-editor of The Briefs, I know how much hard work and planning goes into its production. Robyn, Karen, and John have already had a great start to the new bar year, and I look forward to seeing the exciting things they have in store for us this year. Also, a special thanks to Peggy Storch, who has worked tirelessly for years to make The Briefs what it is today. I would end my message here, but I know the editors will demand more. So, I write on. I want to wish all of you a Happy Fourth of July. As a small child, I got excited for this holiday, mostly because we got new outfits (usually red, white, and blue) for the annual picnic, and my grandfather allowed us to pick our own watermelon from his watermelon patch to take with us. I recall the smell of barbeque in the air, the sight of baseball players on the mound, hearing laughter everywhere, and seeing fireworks light up the night sky. By the end of the day, we were exhausted from all the fun and wet from

theBriefs July 2020 Vol. 88 No. 6

the Slip ‘n Slide and “Bomb Pop” popsicles used to keep us cool, but we were excited to know that we would do this all over again the next year. As I grew older, I started to learn the true meaning of the holiday – the birth of American independence following the formal adoption of the Declaration of Independence on July 4, 1776. Historians note that after the Revolutionary War, Independence Day was used to create a feeling of unity, but by the 18th Century, the unity had faded and the celebrations became political. My message to you as we approach July 4, 2020, is this – there is so much that divides us, but there is so much more that unites us. While we are in the midst of a pandemic and social unrest, we are still ONE PEOPLE. I remind you that the preamble to the U.S. Constitution speaks of “We the People” and of forming “a more perfect union.” Our union is not and has never been perfect, but as legal professionals we are in a position to shape our union and our justice system for all people. While we are in the midst of a pandemic and social unrest, we are still ONE COMMUNITY. The vision of peaceful protestors of all races, genders, and ages coming together to take to the streets of Orlando and all over the country shows us the power of uniting. Hearing the leaders in our community speak up, listen, and hold town halls and forums to open the dialogue about racism and injustice shows us that we are one community. While we are in the midst of a pandemic and social unrest, we are still ONE BAR. The OCBA and the other Central Florida voluntary bar associations unite to recognize the struggle to ensure that all people are treated fairly and have equal justice under the law. As we all continue to speak out against the mistreatment of people based on the color of their skin or other discriminatory reasons, we hope to continue the dialogue because we are one bar with one common goal: to promote improvements in the law and in the administration of justice. I encourage all of you to think about the concept of one people, one community, and one bar as we move forward through the 2020-2021 bar year. Let us also enjoy our family and friends during this Fourth of July holiday. Let us remember the fun times we had as a kid (or even as an adult) celebrating this holiday. Let us rejoice in the glow of the fireworks that will light the sky. Stay safe and sanitized! INTERESTING (BUT NOT-SO-FUN) FACT: Did you know that three of the five founding father Presidents died on July 4th? John Adams and Thomas Jefferson both died on July 4, 1826 – the 50th anniversary of the adoption of the Declaration of Independence. James Monroe died five years later on July 4, 1831. LaShawnda K. Jackson, Esq., is a partner at Rumberger, Kirk & Caldwell, P.A., practicing in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.

www.orangecountybar.org

PAGE 3

Clerk’sCorner

Court Registry and Family Mediation Payments Are Now Available Right Online

o reduce face-to-face contact and comply with the CDC recommendations regarding social distancing during these unprecedented times, my office has begun two new initiatives to make it easier for you to do business with us remotely. First, registry payments can now be made via ACH transfers and wire transfers through your banking or financial institution.

You can initiate this process by visiting the clerk’s website: www.myorangeclerk.com. Please note that there is a required registry fee (3 percent of the first $500, plus 1.5 percent of the remaining balance) that must be included for all registry payments. For your convenience, a tool to calculate the total, including registry fees, is available on the website. The fillable form that is required to initiate the ACH transfer or wire transfer is also available on the

site and must be submitted to your banking or financial institution. Second, online payments for both mediation services and the court-ordered Family Ties program are now available for Orange County family cases in the Ninth Judicial Circuit. Previously, customers were required to make payments in person in the family services division lobby and coordinate scheduling with the dispute resolution – mediation services office. The new tool on our website now allows customers to complete payments online for these services from anywhere using a smart device instead of having to appear in person to complete their transactions. The Clerk of Courts is now set up to seamlessly update family court cases based on electronic payment confirmations received once the customer receives their digital e-mail receipt. I hope you find these two new online services convenient and comforting in these times of social distancing. For additional information and instructions on both initiatives, please visit our website at www.myorangeclerk.com, and see the civil and family pages for details. The Honorable Tiffany Moore Russell, Orange County Clerk of Courts, has been a member of the OCBA since 2004.

July 2020 Cover

OCBA Officers Eric C. Reed, Esq., President-elect LaShawnda K. Jackson, Esq., President Amber N. Davis, Esq., Secretary Karen L. Persis, Esq., Treasurer Executive Council 2nd Row Ryan Williams, Esq. Lisa Gong Guerrero, Esq. Kristopher J. Kest, Esq. Keshara D. Cowans, Esq. Anthony F. Sos, Esq., Ex-officio

3rd Row Euribiades Cerrud, II, Esq. Kate T. Hollis, Esq. Gary S. Salzman, Esq. Jessica A. Travis, Esq. Bruce A. Mount, Esq. 4th Row William D. Umansky, Esq. Arti Ajit Hirani, Esq. Brandon M. Sapp, Esq., YLS President Jennifer Smith Thomas, Esq.

To keep our Executive Council safe and healthy during these times and to honor the fun Orlando brings, we commissioned a local artist to draw the group photo you see on this month’s cover. The artist, Priscilla Dodrill, has worked in Orlando, including at the Walt Disney World Resort, for more than seven years. Contact her at priscilladodrill@gmail.com for customized art! A special thanks to Kate Hollis for her creativity in inspiring this idea.

PAGE 4 www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

OCBA LuncheonThursday, July 23, 2020 Orange/Osceola State Attorney Candidates Debate Hosted by the OCBA and Tiger Bay Club of Central Florida Deborah Barra, Esq. Deborah Barra has been a prosecutor for 17 years. She has been selected as a manager by three different elected state attorneys. She is also a trial attorney and has tried every type of case from misdemeanors to the death penalty. Highlights from her career include successfully prosecuting a politician for bribery, receiving the first life sentence in Florida for a child sex trafficker, and successfully prosecuting a police officer at trial. Deborah has worked her way up within the office to the highest position without being elected. She is currently in charge of the day-to-day operations, where she helps oversee a budget of $26.2 million and nearly 400 employees. No other candidate has her level of experience as a trial attorney or a manager. She has spent the past 17 years implementing the policies of other people. In January, as state attorney, it is time for her to take her knowledge and experience and implement her own.

Belvin Perry, Jr., Esq. Belvin Perry, Jr. began his legal career with the Office of the State Attorney and rose through the ranks to become the chief assistant attorney. He was elected to the circuit bench in the Ninth Judicial Circuit, serving for twenty-five years on the bench, including nine terms as the chief judge.

addressing the root problems causing crime in our community. It must take a leadership role in the area of crime prevention and reducing violent crime.

Jose F. Torroella, Esq. I am 63 years old and have lived in Orlando for 31 years. I moved here in 1989 from Boston to work at the State Attorney’s Office. After three years, I opened the Law Office of Jose Torroella, practicing criminal defense exclusively. I have been in private practice for 28 years. I received my J.D. from Suffolk University Law School, Boston, Massachusetts; an MBA from Thunderbird School of Global Management, Phoenix, Arizona; and a BA from Lewis and Clark College, Portland, Oregon. Prior to attending law school, I was a national brand manager for R.J. Reynolds Tobacco Co. in Winston Salem, North Carolina, where I managed an advertising budget of $600 million and revenues of $1.7 billion (1980). Both my parents are from Barcelona, Spain. I have been a naturalized U.S. citizen for more than 30 years and have two children, both graduates of Lake Highland Preparatory School. My son attends Purdue University and my daughter Jacksonville University.

Ryan Williams, Esq.

The role of the Office of the State Attorney under the leadership of Belvin Perry, Jr., is to seek justice and not merely convictions. His office, in seeking justice, will process cases more efficiently, timely, and consistent with due process of law. While the Office of the State Attorney not only must be involved in correctly processing cases, the office must also be more proactive in

Ryan Williams is a native Central Floridian who graduated with honors from Rollins College and then the University of North Carolina at Chapel Hill School of Law. Ryan is a career prosecutor who has tried nearly every type of criminal offense, focusing primarily on homicide cases for the last six years. He served as a manag-

er at the age of 32, becoming the youngest intake bureau chief in Ninth Circuit history, also working as a trial unit director and currently acting as the manager of the Fifth Judicial Circuit’s Orange County Capital Unit. Ryan has been a member of the OCBA since 2006, serving on the Executive Council since 2014. He is the only prosecutor to be awarded the OCBA’s Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. Ryan is running for state attorney because he believes in justice for victims and the accused, and that the citizens of the Ninth Judicial Circuit shouldn’t have to choose between those two important things.

Monique Worrell, Esq. I have spent my 20-year career advocating for criminal justice reform, from representing those who could not afford a private attorney in the Public Defender’s Office to serving as the chief legal officer at REFORM Alliance, where I develop a nationwide pro bono program to help reduce the number of individuals on parole and probation. Our society is in desperate need of a cultural shift in prosecution and policing, which is what I intend to bring to the office. The way we change the culture of prosecution is by 1) holding law enforcement accountable at the first instance of misconduct, 2) increasing transparency and establishing a fully operational and independent conviction integrity unit to uncover and rectify prosecutorial practices that have been undermining the integrity of our system, and 3) beginning to evaluate the success of the office by fairness and justice rather than meaningless conviction rates.

Co-hosted by:

Embassy Suites by Hilton Downtown Orlando Thursday, July 23, 2020

Sponsored by: Supporting Sponsors: Florida Lawyers Mutual Insurance Company (FLMIC) | LexisNexis Seacoast Bank | Special Counsel | The Tyson Smith Group of Raymond James Universal Property & Casualty Insurance

11:30 a.m. – 1:00 p.m. 191 E. Pine St., Orlando, FL 32801 Please RSVP by Monday, July 20, 2020 www.orangecountybar.org/store RSVPs and CANCELLATIONS will not be accepted after July 20, 2020 To cancel, contact Stephanie Sadi at stephanies@ocbanet.org

– Subject to becoming a virtual event. Please check the website for the most up-to-date information. –

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee

Remarks Upon Receipt of the 2020 OCBA Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

t’s often said that professionalism isn’t the job you do, it’s how you do the job. I consider professionalism to be the outward manifestation of a personal commitment to excellence and a drive to consistently maintain optimum performance in every endeavor. It is an irrefutable fact that professionalism is fundamental in Keshara D. Cowans, Esq. the practice of law. I am pleased to have begun my legal career during a period of renewed emphasis on professionalism. As a new lawyer, numerous mentors chorused that the legal community is small and the reputation that young lawyers build in the early days of practicing law would remain with us throughout our entire career. In training for my first job as an assistant public defender for the Ninth Judicial Circuit, several attorneys and judges addressed our class, and each of them impressed upon us the importance of practicing with professionalism. I took this advice to heart and comported myself accordingly. Subsequently, that same advice became a directive when the Supreme Court of Florida amended the Oath of Admission to The Florida Bar to include language that required attorneys to pledge fairness and civility to opposing parties and their counsel in all written and oral communication. As bar counsel with The Florida Bar, I was fortunate to have had the opportunity to share my passion for professionalism with my attorney peers throughout the state by regulating our profession while simultaneously working to improve the public perception of lawyers. While studies continued to show that people generally lack trust in our profession, I resolved to encourage my colleagues to join me in striving to do our part in changing the narrative regarding our most honorable profession. As a member of the teaching faculty for Practicing with Professionalism, I took great pride in engaging new lawyers who were enthusiastic about embarking upon their first year of practice. My goal was always to guide them in becoming principled lawyers who were able to balance zealous representation of clients with respectful interaction with opposing counsel and staff. I urged them

to be conscientious lawyers who intentionally check any latent bias toward their women and/or minority colleagues. I impressed upon those new lawyers the importance of having good mentors to advise them throughout the course of their careers. I shared with them that same sage counsel that underscored all of my own professional dealings – to establish a reputation for ethics and civility that would precede them for the life of their career. At the present, the COVID-19 pandemic has presented unprecedented challenges to our profession. Our meetings and hearings that would normally have been conducted in person are now taking place virtually. However, change in setting – from formal courtrooms and conference rooms now to our casual dining rooms and home offices – does not presuppose relaxed decorum. To the contrary, it is absolutely necessary that we exhibit professionalism through keeping abreast of ever-evolving procedural changes and demonstrate flexibility in altering our business practices to comply with those changes. Further, our personal lives have been turned upside down, lending to added stress and uncertainty about the future. Grace and courtesy are needed more than ever in our dealings with one another. We are indebted to our voluntary bar associations, which have been key in providing resources to support our collective response in practicing with professionalism during this challenging time. I am honored by the nomination from the Central Florida Association for Women Lawyers and am thrilled to have been selected by the Orange County Bar Association to be the 2020 recipient of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. I am humbled to be included in the number of remarkable attorneys who have previously received this award, and I am honored to be recognized with The Honorable Karen S. Jennemann and N. Diane Holmes as the 2020 Professionalism Award recipients. I am thankful for my mentors, who generously share their wisdom and guidance in helping me to become an attorney whose works have garnered this recognition from my peers. I am immensely grateful for my parents, who instilled in me the importance of integrity and kindness, for my husband and his unwavering love and support, and for my children, who are my greatest blessings. Keshara D. Cowans, Esq., is the EEO/Equity & Title IX Officer in the Office of Legal Services for Orange County Public Schools. She is a current member of the OCBA Executive Council and a past president of the Young Lawyers Section. She has been a member of the OCBA since 2008.

PAGE 6 www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

Preserving the look & feel of historic Winter Garden

Modern Farmhouse Architecture Minutes from Downtown Winter Garden Un

str

tio

The “Basil” on Lot 5

“Let us build your dream home, or buy a lot and build when ready!” Only 13 Custom Homesites Remain 407.909.5903 • OaklandHillswg.com

Julie Bettosini

Co-Founder/ Professional Real Estate Advisor Square foot dimensions are approximate. Home and community information, including pricing, included features, terms, availability, and amenities are subject to change and prior sale at any time without notice or obligation. Pictures, photographs, features, colors, and sizes are approximate for illustration purposes only and will vary from the homes as built. Please see sales representative for more information.

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 7

Feature

Getting to Know LaShawnda Jackson: Trailblazer, Advocate, and Teacher

hen LaShawnda Jackson takes her place as the 2020-2021 president of the Orange County Bar Association, it won’t be the first time that she steps into the leadership role of a bar association, but it will be a first for the OCBA, as LaShawnda will serve as the first black president in the bar association’s 87-year history. Serving her community and taking on leadership roles is second nature to LaShawnda, who has been involved in bar service for 16 years. She served on the OCBA Executive Council since 2012, and served as president of the OCBA Young Lawyers Section and as a trustee of the Legal Aid Society of the Orange County Bar Association, Inc. In addiLaShawnda K. Jackson, Esq. tion, she served as Photo: RumbergerKirk president of the Paul C. Perkins Bar Association (2006-2007) and as president of the Virgil Hawkins Florida Chapter National Bar Association (2018-2019). “LaShawnda understands the importance of establishing structure and processes that extend beyond your leadership. She was determined and successful in doing just that,” said the president-elect of the Virgil Hawkins Florida Chapter National Bar Association, Kevin C. Allen-Nash, Esq. “One of the many qualities I admire is that she is not looking for the spotlight, but rather how she can make whatever she is a part of better. Which is why I am confident her Presidency at OCBA will be a great one,” he continued. Fearless and Dedicated to Meeting Client Needs “You don’t get to where LaShawnda is without hard work and focus,” said one of RumbergerKirk’s founding partners, Bud Kirk. “I’m so impressed by her talent, abilities and giving nature,” he added. A fearless trial attorney, LaShawnda built a successful casualty and product liability litigation practice at RumbergerKirk while maintaining her service to bar activities. She joined the firm 18 years ago after participating in the Summer Associate Program, and later became a partner in 2011. “Part of what makes LaShawnda so successful in trial is

PAGE 8

that she’s articulate, thoughtful, and fast on her feet,” said Orlando partner Scott Kirk, who has tried several cases with LaShawnda and served as one of her early mentors at the firm. “Her quick thinking serves her very well when cross examining and she has unparalleled knowledge of the evidence code,” he added. “But, what really sets her apart is how every client I’ve ever introduced to her adores her. She knows how to build strong relationships by understanding and meeting client needs.” In addition to understanding and meeting client needs, LaShawnda also understands and relates well to the jury. She’s very careful about her approach and uses language, analogies, and experiences to which they can relate. In an interview with Florida Trend magazine, she explained her process: “A lot of litigators, when they talk to juries, overlook that jurors are people – everyday common people. In my head, I sit down and talk to someone from my small town where I grew up and tell them about the case.” An Inspiration to Orlando’s Youth While LaShawnda is an aggressive litigator who represents her clients to the very best of her ability, she always finds time to encourage young people in the community to develop and explore their interests, work hard, and reach for their dreams. Through the Junior League of Greater Orlando’s MAGIC (Mentoring Adolescent Girls to Inspire Change) program,

2014 OCBA Professionalism Awards Recipients LaShawnda K. Jackson, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Honorable Faye L. Allen James G. Glazebrook Memorial Bar Service Award Rafael E. Martinez, Esq. William Trickel, Jr. Professionalism Award Photo: Mark LeGrand, Derek Smith

www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

Chief’sColumn A Season of Gratitude

uly may mark the middle of the calendar year, but it also marks – for better or for worse – the start of the holiday season. Any second now, posts will begin to come through our social media feeds announcing how many days until Christmas. Marketers will leap over a stream of smaller summer holidays, sidestep Halloween, and completely ignore Thanksgiving in a mad dash to The Honorable grab those early shopping dollars. Under normal circumstances, Donald A. Myers, Jr. I would pay all of this no Chief Judge mind. July marks the middle Ninth Judicial Circuit Court of summer and the height of summer vacations. Social media feeds should be full of summertime gatherings. Beach days and pool parties. Backyard barbeques and sidewalk cafés. Family and friends and good times. But these aren’t normal circumstances and summer 2020 looks nothing like summers past. At the start of the year, I could never have imagined how COVID-19 would shape the way we move through the world. It has changed the fabric of our interactions and intrinsically altered how I approach almost everything in my life, including this idea of holidays out of season. Lest I give you the wrong idea here, I’m not looking to get a head start on my online Christmas shopping. Truth be told, Christmas is still the last thing on my mind. Thanksgiving, however, and its season of gratitude, is a completely different story. I like to think of myself as a grateful person, and I don’t think I am speaking out of turn to say that this is likely true for many, if not all, of you as well. And, that makes me wonder if you are feeling the same shift in gratitude that I am feeling. Living through these times, I can tell you that I have not felt the depths of true gratitude and appreciation more poignantly than I do right now. Suddenly dropping out of the rhythm and cadence of normal life brought into sharp focus exactly what I am most grateful for and hold dear. And, in no uncertain terms, I am most grateful for people. For those moments when happenstance affords me an

theBriefs July 2020 Vol. 88 No. 6

unexpected evening with friends. For casual conversations with colleagues in courtrooms and chambers. For long summer days spent on the water with family. I am grateful for every packed bar luncheon, every award ceremony, every investiture. For the thriving hive of people in the rotunda of the courthouse, jurors camped out in the jury room, lawyers crowded in hallways. Since the signing of the state’s stay-at-home order on what should have been an ordinary March day, my appreciation and gratitude for what now feels like sacred moments in the company of family and friends, colleagues and the court community has grown exponentially. COVID-19 and its restrictions haven’t just augmented my feelings of gratitude for the people with whom I share my days. It has pulled people out of the periphery of my existence, placed them center stage, and highlighted just how integral they are to my life. And, if we were truly celebrating Thanksgiving in July, and I had the privilege to sit once again at a packed table with my wife and children and grandchildren, with extended family and friends who are family – I would raise my glass in gratitude and thank each and every farmer, butcher, grocer, cook, and waiter. All of the warehouse workers, cashiers, drivers, delivery persons, and cleaning crews. Medical professionals, therapists, police officers, EMTs, firefighters. All the people who make our lives easier, safer, better. All of the people whose efforts and sacrifices I have too easily taken for granted for way too long. I don’t know when we can all be in close company again – when we can come together and share how COVID-19 has reshaped our appreciation for the world and the incredible people who inhabit it. But I am not inclined to wait for that day. Instead, I invite you to celebrate Thanksgiving in July with me. To nurture this grateful heart and reframe the summer season as a season of gratitude. Let us raise our glasses every day in mindful appreciation of the people in our lives and how rich our lives truly are because of them. And, please, allow me to start with the first toast – thank you, all of you, for your dedication to the law, to our courts, and our community. Thank you for making people’s lives better. The Honorable Donald A. Myers, Jr., chief judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

www.orangecountybar.org

PAGE 9

Family LawCommittee

Helping Families Maximize Financial Support for Individuals with Disabilities While Maintaining Government Benefits

t the child support seminar held in February of this year, it was clear that families need more information about how to help their loved ones with disabilities and how divorce and child support affect eligibility for government benefits. This article aims to describe two tools that can do just that. The first is a relatively new resource called ABLE United. The other is a Special Catherine E. Davey, Esq. Needs Trust, which is an estate planning tool designed for individuals with disabilities. About ABLE Accounts and ABLE United ABLE stands for “Achieving a Better Life Experience.” The ABLE Act, enacted in December 2014, encourages individuals with disabilities to save funds to support their health, independence, and quality of life. It amended section 529A of the Internal Revenue Service Code, and enjoys the same tax benefits that 529 college savings plans offer with some additional unique benefits specifically designed for individuals with disabilities. The Florida legislature passed the Florida ABLE Act, which was signed into law on May 21, 2015. It is managed by the Florida Prepaid College Board. ABLE accounts are tax-free savings and investment accounts established to support disability expenses while maintaining government benefits. The three eligibility requirements for ABLE are: 1. The individual with a disability must be a Florida resident.1 2. The individual must have a qualifying disability.2 A qualifying disability means an individual who is entitled to benefits based on blindness or disability under Title 2 or Title 16 of the Social Security Act. If an individual with a disability is not currently receiving one of these benefits, they must meet the ‘‘marked and severe functional limitations’’ standard of disability in the Social Security Act for children claiming benefits under the Supplemental Security Income (“SSI”) program, but without regard to the age of the individual. Additionally, this disability must be likely to last for at least 12 months or result in death. The Treasury Department and the IRS must also receive a certification under penalty of perjury that the individual (or the individual’s agent under a power of attorney or a parent or legal guardian of the individual) has a signed physician’s diagnosis, and that the signed diagnosis will be retained and provided to the ABLE program or the IRS upon request. This self-certification under penalty of perjury is adequate to satisfy the disability requirement. 3. The individual must have become disabled before age 26.3 An eligibility wizard to assist individuals in determining their eligibility is available at www.ableunited. com. PAGE 10

Benefits of ABLE United A significant benefit of an ABLE account is that individuals can save without negatively impacting federal benefits of the person with the disability. Funds in or withdrawn from an ABLE account are disregarded when determining eligibility for Medicaid, so individuals can continue receiving Medicaid and save in the ABLE account. Like Medicaid, SSI has a resource limit of $2,000. An ABLE United account allows individuals receiving SSI to save above and beyond this limit.4 Generally, funds in (or withdrawn from) an ABLE account are disregarded when determining eligibility for SSI. Up to $100,000 saved in an ABLE account does not count as a resource. However, housing and non-qualified disability expenses withdrawn but not spent in the same month do count as a resource.5 After an account is open, an individual, their friends and family, and even an organization, can contribute to the individual’s ABLE account online via ACH or by check. Contributions of up to $15,000 from all sources each calendar year are allowable. Funds are available at any time via ACH transfer to a checking or savings account, or a check can be requested for the individual with a disability or a third party. Additionally, when used for qualified disability expenses, the earnings portion of the withdrawal is not subject to tax. At any time, the IRS and Social Security can request copies of receipts and explanations of the necessity of qualified disability expenses. Qualified disability expenses are those that relate to the individual’s disability and help maintain or improve health, independence, or quality of life. These expenses are not required to be medically necessary or for the sole benefit of the individual with a disability. They include expenses such as education, housing, transportation, employment training and support, assistive technology, personal support services, health, prevention, wellness, financial management, administrative services, legal fees, expenses for oversight and monitoring, funeral, and burial expenses. ABLE United offers eight investment options, including a new FDIC-insured savings account option. Individuals can invest in one or all of these options based on their risk tolerance. How to Enroll Enrollment can be done online on the website www.ableunited. com and takes an average of 15 minutes. It is also possible for another individual to open an account on behalf of the person with a disability, such as a parent or legal guardian. ABLE Accounts and Special Needs Trusts ABLE encourages individuals with disabilities to save to support their health, independence, and quality of life. Individuals with disabilities need to consider all the options available to them, which also include Special Needs Trusts (“SNTs”). A trust is a fiduciary arrangement that allows a trustee, as a third party, to hold assets on behalf of a beneficiary or beneficiaries. The trust specifies how and when the assets are given to the beneficiaries.

www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

Like ABLE, the purpose of an SNT is to help individuals with disabilities by improving their quality of life while protecting their eligibility for various public assistance (needs-based) and government benefits. The trust can receive and distribute assets for the primary benefit of the disabled beneficiary. An attorney with extensive experience in the creation of SNTs is essential as numerous special rules apply, and the risk of losing government benefits is great. Government benefit programs provide income to individuals with disabilities through SSI and Social Security Disability Insurance (“SSDI”). There are also programs that provide medical coverage such as Medicare, Medicaid, Medicaid Waiver, as well as private health insurance (i.e., ACA). There are several types of SNTs. One of these trusts may be the right tool for some individuals with disabilities. A third-party SNT is funded with money from someone other than the beneficiary or beneficiary’s spouse (e.g., parents, grandparents). This could be done a number of ways, including through a will with testamentary SNT provisions or a revocable trust with third-party SNT provisions (that can be funded now or in the future) or even a stand-alone, third-party SNT (often funded with a life insurance policy or other lump sum). The funds in the SNT are to improve the quality of life for the person with a disability, but there are very specific rules about how the funds can be spent.6 Another type of SNT is a first-party SNT, sometimes called a self-settled SNT, in which funds belong to the individual with a disability. A first-party (d4A) SNT requires Medicaid payback, must be irrevocable, and must be the funds of the person with a disability (age 65 and younger). The d4A refers to the part of the United States Code (42 USC 1396p(d)(4)(A)) where these trusts gain their statutory authority. The money for a first-party SNT can come from an inheritance, a personal injury award, earnings, and savings. In case of a settlement or unplanned inheritance, the question of whether an individual should have an SNT or not depends on the impact of governmental and other benefits, potential penalties, and required professional fees. Clients should consider where benefits are derived and whether it makes more sense to obtain those benefits differently. The last type of SNT is a pooled trust (d4C) SNT. These trusts are available by combining funds with other people with theBriefs July 2020 Vol. 88 No. 6

disabilities (pooling their assets). With this kind of trust, administrative costs are typically lower, and “minimum fees” can be avoided. Generally, a non-profit organization administers these trusts. So, who gets the remaining money in the trust if the person with a disability passes away? The answer depends on the type of SNT. In a third-party SNT, the funds pass to heirs designated by the grantor (other children, grandchildren, charity, etc.). In a first-party SNT, after the payment of specific expenses, Medicaid is paid back for expenses paid by Medicaid during the lifetime of the disabled person. Only if funds remain after that payback, do heirs receive any funds. In a pooled trust, if assets remain in the trust after the beneficiary’s lifetime exceed the amount due to Medicaid, then Medicaid is reimbursed; however, if the amount of the funds remaining in the trust would not fully reimburse Medicaid, then the funds are held by the trust for the benefit of other disabled individuals.7 There are advantages and disadvantages to first-party and pooled SNTs. The advantages include protecting government benefits and keeping more money while providing for supplemental needs. The difficulties are that distribution of funds in a trust is restricted by rules of the trust; challenges also exist regarding selecting and working with a trustee, and as discussed earlier, the remaining trust assets are subject to Medicaid claims after the beneficiary’s lifetime. So, can ABLE and SNTs work together? Absolutely! Funds in the SNT can be paid into the ABLE account for monthly expenses that, if paid directly by the SNT (support and health), would be treated as income to the beneficiary and reduce their benefits. If the SNT pays into ABLE and ABLE pays those expenses in the same month that the funds are received from the SNT, then there will be no effect on SSI benefits, and the full amount of the SSI check will be preserved.

Payback rules after the lifetime of the beneficiary are different as well. In a first-party SNT, paying for funeral expenses is not allowed after the lifetime of the beneficiary, yet ABLE funds are allowed for this purpose. ABLE and SNTs are two tools that can be used separately or together as part of a financial plan for an individual with special needs or who is disabled. ABLE accounts are easy to open and maintain and are a great tool to save for the future and manage funds without losing government benefits. SNTs assist individuals who are disabled to hold assets intended to improve their lives without risk of losing government benefits. An SNT should be drafted by a qualified attorney who is experienced in establishing and successfully implementing SNTs. This attorney must understand the complexities of SNTs and help protect eligibility for government benefits while maximizing financial resources for the person with disabilities. Catherine E. Davey, Esq., Davey Law Group, P.A., focuses her practice in the areas of probate, guardianship, guardian advocacy, estate planning, and the drafting and implementation of Special Needs Trusts for the physically and developmentally disabled. She has been a member of the OCBA since1997. Fla. Stat. § 1009.986(4)(b), Fla. Stat. (2019). Id. at § 1009.986(1)(d) (adopting the meaning of “Eligible individual” provided in § 529A of the Internal Revenue Code). 3 26 U.S.C. § 529A(e)(1) (2019). 4 About ABLE Accounts, National Resource Center, https://www.ablenrc.org/what-is-able/what-are-ableacounts/ (last visited June 7, 2020). 5 Id. 6 Special Needs Alliance, Administering a Special Needs Trust, A Handbook for Trustees, at 10-12 (2020 Edition), https://www.specialneedsalliance.org/wp-content/uploads/2018/01/2018-Trustee-Handbook.pdf (last visited June 7, 2020). 7 See Stephen H. Hodson, When a Special Needs Trust Is Not the Only or Best Choice, Disability Resource Community, http://www.disabilityresource.org/41-when-aspecial-needs-trust-is-not-the-only-or-best-choice#:~:text=The%20Special%20Needs%20Tr ust%20 must,on%20behalf%20of%20the%20individual (last visited June 7, 2020). 1 2

Maria E. Espinosa, Esq. Schedule at:

407-733-3662

espiesq@aol.com Now providing virtual mediation on Zoom

Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015 www.orangecountybar.org

Direct: 407-733-3662 espiesq@aol.com

Bilingual English/Spanish

PAGE 11

Legal Aid SocietyNews Florida Supreme Court Honors Orange County Attorneys Legal Aid Society 2019 Pro Bono Honor Roll The Florida Supreme Court, The Florida Bar’s Young Lawyers Division, and the Florida Pro Bono Coordinators Association announced the attorneys who were recognized for their 2019 pro bono work. The annual project is funded by YLD and was established to encourage participation with local organized pro bono programs. Each year attorneys who contribute 20 or more hours receive a letter from the chief justice and a pin recognizing their contribution. The donation of time is based on the hours of cases closed during 2019 and project work in 2019. Only attorneys who close a case with 20 or more hours or provide 20 or more hours in a project are included on the list. This year the letter from Chief Justice Charles T. Canady and the pin will be mailed to 286 attorneys who participated through the Legal Aid Society of the Orange County Bar Association, Inc. The attorneys recognized are: Aduloju, Oluwaseun Airth, Jr., William C. Alcalde, Stephanie N. Alfonso, Roberta Alkhatib, Jumana “Gigi” Anderson, Bradley J. Anderson, Victoria L. Andriano, Michael V. Angiulli, Matthew J. Anthony, Jr., Robert W. Appleton, Michael J. Arias, Isabel Arline, Kathy Arwani, Rania Augustin, Vanette Aust, Lynn B. Ba, Angela S. Ballentine, Andrew S. Barber, Bethanie A. Baxa, Jr., Edmund T. Beeber, Patricia M. Behzadi, Emily T. Bello-Billini, Angel M. Berglund-Harper, Michelle Berman, Jed Bertelsen, Jacqueline M. Biecker, Michele A. Bittakis, Megan Lubozynski Black, Andrea Bligh, Ashton M. Bodell, Susan B. Bonham, Maytel Sorondo Bonus, Philip F. Borkert, Neysa J. Boroughs, P. Thomas Bosco, Cynthia J. Boston II, Wiley S. Boulden, John D. Branham, Jeffry J. Brehmer-Lanosa, Linda Sue Brigham, Nancy C.

Brown, Michael S. Buckles, Mark A. Burns, Jessica Juan Burruezo, Carlos Calcano-Thomas, Vanessa Callahan, Jane Dunlap Calvo-Paquette, Lourdes M. Canha, Nicole C. Capstraw, Matthew B. Carbone, Sandra R. Carlisle, Stacey J. Casoria, Jr., Edward Channell, Warren T. Chong, Stephen C.L. Cocotas, Vivian P. Conrique, Elayne M. Cools, Samantha Costner, LeRoy E. Cowans, Keshara D. Cowart, Coravious L. Crichton, Carolyn S. D’Aniello, Phil A. Davis, Jill C. Davis, Jr., William A. Deitsch, Teris J. Dellecker, Robert H. Demps, Melanie M. Desai, Tushaar V. DeVoe, Michael P. Dierking, John R. Dolney, Thomas S. Domenech, Krishna L. Doppelt, Ava K. Douidy, Margaret L. Dual, Leah B. Eichenblatt, Steven S. Elms, Eric R. Epstein, Tobi A. Etzler, Mary Ann Ezzo, Elise M. Farber, Hannah N.

PAGE 12

Fleet, J. Leonard Fleming, Jeffrey M. Flood, Jr., Joseph R. Foard, Joanna M. Foels, Pamela L. Frank, Elizabeth M. Freitas, Paula S. Frey, Julia L. Friedberg, Wendy E. Firvida-Oliva, Diana Gendzier, Lawrence S. Gervase, Jr., Donald T. Gilchrist, Brian R. Gillham, Elizabeth Stevens Girley, Brooke L. Gordon, Charles E. Gordon, David M. Grimaldi, Robert J. Groover, Lea Anne Hall, Matthew B. Hall, Tenesia C. Hamlin, Amy C. Hankins, Dana H. Hansley, Christine S. Hawkins, Cynthia A. Heatwole, Lauren Herbert, Gregory W. Herman, Patricia K. Hirani, Meenakshi A. Holland, Allen D. Hornsby, Richard E. Hosley, Kimberly E. Hughes, Timothy L. Hull, Rebecca K. Ingram, J. Charles Israel, Gary S. Jackson, Vermotta H. Jamieson, Mark H. Jellicorse, Amy E. Johnson, Jr., Stanley E. Jones, Barbara Fancher

www.orangecountybar.org

Jones, Glaucia Jontz, Eric B. Joyce, John M. Khanal, Robin N. Kidd, Embry J. Killer, C. Christopher Kimbrough, Jr., Orman L. King, David B. Knapp, David C. Knowles, Christopher D. Korleski-Poindexter, Deborah S. Koves, Juliette M. Kramer, Nicolette A. Krause, Mitchel B. Ku, Michelle Kwong, Annie P. Lambert, Randy E. Lawson, Laura E. Lee, Carrie C. Leitch, Dougald B. Leo, Tatiana Leon, Jessica B. Lesser, Robyn L. Lewis, Cynthia E. Lias, Natasha E. Lippman, Mark R. London, Brenda L. Lynch, S. Brendan Maaroufi, Aboubakr Magee, James M. Mangrum, George C. Marlowe, Michael L. Martin, Kimberlee A. Martini, Pamela G. Marx, T’anjuiming A. Matheny, Jordan Lynn McArthur, Sarah L. McCausland, Elizabeth F. McChesney, Blaine McClellan, William James McCormack, Sean P. theBriefs July 2020 Vol. 88 No. 6

McDonald, Marshall H. McDonough, John R. McFarlin, David R. McFarlin, Wynne E. McGinnis, Katherine E. McMichen, Dorothy J. McMillen, Allison C. Meehle, Suzanne D. Meglino, Heather M. Middlekauff, Karen L. Mitchell, Deborah I. Mobley, Jamos K. Montilla, Joel A. Moore, Joshua D. Morales-Arocho, Maria Del Carmen Morgeson, Jr., D. John Morris, G. Clay Moskowitz, Deborah L. Munroe, Melissa D. Murphy, J. Scott Myers, Ernest J. Nebel, Michael E. Nelson, Lynn F. Netcher, Eric J. Neyer, Jonathan H. O’Donnell, Cynthia F. Olivares, Adriana Owens, Gayle A. Pancake, Taylor C. Pareja, Katie M.

Parris, Kendra Partlow, Jeffrey M. Paul, David A. Peppy, Renée Vermette Perez-Kelly, Penelope B. Persis, Karen L. Pinho, Izi Pitre, Lorraine N. Prescott, Joanne M. Priebe, Marie M. Prosper LeGrand, Jasmine G. Quiñones, Ivelis Ramkellawan, Cynthia Randolph, La-Zondra C. Rasch, Robert W. Reas, Wanda M. Revels, III, Claude D. Rhodes-Cinami, Sonica J. Ribeiro, Andrea F. Rivera, Seth N. Roberts, Ana Bernal Roberts, Mexcye C. Robinson, Laura P. Rosenbluth Jr., Emery H. Ruffier, William E. Rynard, Gavin P. Sampaio Bova, Amanda M. Sanchez, Laura SanGiovanni, Paul Louis Sanks, Terry M. Santana, Senthia Towery

Savitz, Patricia A. Scalo, Joseph F. Scherwin, Rachel Eleanor Schiavo, Frank L. Schmidt, Cynthia G. Schmidt, Juliana T. Schumer, Jacob J. Schwam-Wilcox, Camy B. Scornik, Esteban F. Shafranski, Paul D. Shannin, Carol B. Shannin, Nicholas A. Sheridan, Michael T. Shipley, C. Eugene Sirolly, Jeffrey C. Slaughter, David B. Smith, Mimi L. Solomita, Alec J. Sookrajh, Kavita Sos, Anthony F. Squires-Binford, Grey Stanley, Angela J. Starr, Wayne Sundstrom, Claire E. Swartwood, Gregory D. Syme, Ronnie A. Szewczyk, Bethany C. Tangel-Rodriguez, Ana E. Tankersley, Carmen S. Thatcher, Larri T. Thomas, Jessica D.

Tonelli III, William J. Torres-Alvarado, Natly Toscano, Wendy S. Towne, Joseph B. Trapp, Zachary D. Trick, Heather M. Tucker, Catherine A. Tucker, Tichiena Tukdarian, Thomas H. Turner, N. James Uncapher, Kenneth R. Valdivia, Basil Andres Vancol, Wilbert R. Vickers, Bartley G. Warren, Charlotte L. Washington, Ka’Juel J. Watson, Tyrone N. Webber II, Richard B. Wesighan, Frank C. Whitehouse, Daniel D. Wieland, Glen D. Wieland II, William Williams, Jan T. Williams, Lavon B. Williams, Natasha J. Willick, Scott R. Wolfmeyer, Nicholas Wood, David S. Wurtzel, Lori Yergey, Jr., David A. Young, Jr., William B.

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION Lunchtime Training July 7, 2020

2020 Legislative Updates

July 21, 2020

GAL – Their Future is Now: Transitioning from Childhood to Adulthood in Foster Care

August 4, 2020

GAL – A Different Perspective: What Parents’ Attorneys Want the GAL to Know

August 18, 2020

GAL – Nurturing Our Newborns: Advocacy in Early Childhood Court

September 1, 2020

GAL – Adoption Subsidy Negotiations: Is that the Best Offer?

September 15, 2020

GAL – Committed to the Process? DJJ Commitment Programs

October 6, 2020

Making a Dissolution Materialize: Dissolution of Marriage Petition Initiation

October 20, 2020

GAL – What’s Next!? Assisting Transitioning Youth Outside of Court

November 3, 2020

To Err is Human, To Seal or Expunge is Divine: Juvenile Sealing & Expunction

November 17, 2020

GAL – Every Child Can Experience Success: Early Intervention for Developmentally Disabled Youth

December 1, 2020

No Place Like Home: Landlord-Tenant and Mobile Homeowner Eviction Defense

December 15, 2020

GAL – Undocumented Does Not Mean Unwanted: Securing Permanency for Immigrant Children

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

JULY – DECEMBER

2020

DUE TO COVID-19 ALL TRAININGS ARE PRERECORDED AND ADDED TO OUR WEBSITE @ www.legalaidocba.org Please feel free to email Marilyn Carbo at mcarbo@legalaidocba.org or Michelle Erazmus at merazmus@legalaidocba.org for more information.

PAGE 13

Legal Aid SocietyWhat We Do... Advocating for the “Bad Kid”

oster children with mental health needs often require a heightened level of advocacy. They linger in care longer. They have educational issues to tackle, which may be mistaken for behavioral problems. They are often prescribed psychotropic medications and sometimes need residential psychiatric care. Their issues may be compounded by an underlying illness or developmental disability. They can Marie M. Priebe, Esq. bounce around from placement to placement and often pick up delinquency charges along the way. They are quickly dismissed and labeled as the “bad kids.” Why would any volunteer attorney in their right mind choose to serve as a guardian ad litem for children with mental health needs? The bigger the need, the bigger the reward. When I started working as a GAL attorney for the Legal Aid Society, one of my first clients was a 12-year-old child named Denver. What I knew of him was only what I read in his court file. He was abandoned by his mother and father. He had a laundry list of mental health diagnoses that included attention deficit hyperactivity disorder, disruptive mood dysregulation disorder, impulse control disorder, and Tourette syndrome. He had been in and out of psychiatric hospitals and had a history of aggression and physical violence. After reviewing his file, I was overwhelmed… and maybe a little intimidated. How could this be one of my first clients? How could I help this child? Where was I supposed to start? I couldn’t imagine what he’d look like or how I could relate to him. When I met Denver, that intimidation was replaced with a desire to help him in any way I could. He was just a little boy. His arms seemed longer than his legs, his shirt was too big for his little body, but his pants were too short for his long legs. He was lanky and clumsy and very much in that awkward stage between childhood and his teenage years. He had big, sad eyes and a guarded smile. He didn’t talk much, but we managed to communicate through nods and shoulder shrugs. I didn’t gather much from that first meeting. I made a mental note that he liked Pokémon and Spiderman. He said his favorite food was Sour Patch Kids and he really liked ice cream sandwiches. It was clear, though, that what he really needed was permanency. He needed a forever family. From that point forward, my advocacy focused on achieving this, but I had my work cut out for me. First, I needed to ensure Denver was in the most suitable placement. Finding the right placement for him was a bit tricky and remains a work in progress. We tried traditional group homes, but he’d often find himself a target because of his young age and small stature. His diagnoses of attention deficit hyperactivity disorder and autism made him more vulnerable than other boys his age. We tried foster homes and pre-adoptive placements, but because of past trauma many PAGE 14

of the placements were unable to successfully manage Denver’s behaviors. He spent time at multiple residential treatment centers, a type of psychiatric placement, but these placements often acted as setbacks instead of steps forward. None of the placements seemed like the right fit, so we shot for a middle ground. I wanted him to stay in Orange County so I could see him more and he’d have access to other supportive individuals such as his case manager. There would be more control over what services he’d receive, and there would be more oversight from the team here. A smaller group home in the area was identified. He was placed with boys of similar cognitive functioning and mental health diagnoses. The group home had built-in behavior supports and a higher staff-to-resident ratio. Once Denver’s placement was secure, we moved on to his education. He was placed at an alternative school with limited ability to address his educational needs. He was being taught material that was far beyond his level of comprehension, and the school did not have the means to implement an appropriate behavior plan. Because of this, he was routinely getting into trouble at school, which led to suspensions and Baker Acts. On one occasion, police were called because Denver was destroying school equipment and making threats to school staff. He ended up in the hospital after significantly injuring his hand. Through several meetings with school officials and with the help of the group home we were able to move Denver to a more appropriate educational setting. He is in a smaller class setting where he can work at his own pace. He receives counseling and gets extra help in language arts. The school also implemented a point system to reward good behavior. Denver has not been suspended or Baker Acted from school since that time. His grades also continue to improve. Unfortunately, because of his behaviors at school, Denver accrued numerous delinquency charges and was ordered detained for 21 days at the Juvenile Detention Center. Based on his past, I thought he would do poorly there and was worried that it may cause his behaviors to escalate, which would only create more problems for him. I immediately reached out to his public defender. We arranged for a hearing in front of the judge where I explained Denver’s past, his current diagnoses, and the on-going battle to switch his school. Denver was released the next day and his charges were ultimately dismissed. While the bigger issues were resolved, there were smaller issues that were still being worked out. As GAL, I worked with case management to ensure Denver had the appropriate services in place, such as adoption competency therapy and a mentor. I ensured Denver was receiving Social Security benefits and that the funds were used properly. Further, I worked with the group home to create a sense of normalcy for Denver. We worked on getting him normalcy items like movie tickets and a pass to Universal Studios. Every day presents new challenges for Denver. He is now almost 16 years old and stands over six feet tall. Like any teenager, he sometimes loses control and has bad days. He still gets Baker Act-

www.orangecountybar.org

continued page 22

theBriefs July 2020 Vol. 88 No. 6

YOUR LOCAL BUSINESS BANK ALWAYS HAS YOUR BACK. OUR STRENGTH IS FLORIDA’S STRENGTH. SeacoastBank.com |

BUSINESS MEDIATI ON THOMAS P. WERT Florida Supreme Court Certified Mediator Certified Federal Court Mediator, Middle District Of Florida ■ 27 Years Experience In Business Litigation ■ Florida Bar Board Certified Specialist In Construction Law ■ Governor, Florida Bar ■

■

CALL 407-428-5197 OR CONTACT twert@deanmead.com

OFFICES DOWNTOWN ORLANDO

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 15

Here’s to those who dare

When your client’s creative genius helps to paint our future, it’s time to partner with an expert. For more than 45 years, ADD+G has passionately represented clients in all aspects of intellectual property law. Let us partner with you.

to get their hands dirty. P AT E N T S

▪

TR ADEMARKS

COPYRIGHTS

▪

S Q U A R E LY I N YO U R C O R N E R Orlando, Miami, Winter Springs Satellite Ofﬁce: Jacksonville

AllenDyer.com ▪ 407-841-2330

LICENSING

▪

L I T I G AT I O N

Upchurch Watson White & Max MEDIATION GROUP

proudly welcomes

Thomas G. Kane

Tom Kane

tkane@uww-adr.com

» Became a Florida Supreme Court certified mediator in 1999, mediating a broad range of civil disputes since then. » Intensely involved in all aspects of civil litigation, appellate practice and mediation since 1975. » Founding partner of a ninelawyer law firm specializing in PI matters, coverage disputes and first- and thirdparty contract matters.

MEDIATION | ARBITRATION E-DISCOVERY | SPECIAL MASTERS

CALL TOLL FREE: 800-863-1462 READ MORE & SCHEDULE: WWW.UWW-ADR.COM PAGE 16

www.orangecountybar.org

The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-on-one interviews with the people shaping our Central Florida community.

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 17

George C. Young American Inn of Court

Arnie Wilkerson Memorial Court Service Award Presentation Irene Bustamante; Gaye Castell, Dependence Court Liaison & Award Recipient; Hon. Bob LeBlanc; Hon. Robert Egan Legal Writing Award Presentation Courtney Jackson, Hon. Bob LeBlanc, Mark Horwitz, Michael Hristakopoulos

CFAWL GOAABA Board Members

Leia Leitner

Shante Pressley

Remote Rendezvous – Cooking with the Court Pancetta Mac-n-Cheese Onchantho Am

PAGE 18

www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

Voluntary BarNews SideBar

he summer heat isn’t the only thing that is heating up this season. Take a look at what some of our voluntary bar associations have been busy doing to make this summer hot, hot, hot!

George C. Young American Inn of Court In recognition of the outstanding service U.S. District Judge George C. Young provided to Central Florida, the George C. Alena V. Baker, Esq. Young American Inn of Court created an annual Legal Writing Award that is given to law students attending Florida Agricultural and Mechanical University College of Law and Barry University, Dwayne O. Andreas School of Law. This year’s winners were Courtney Jackson and Michael Hristakopoulos. Awards were presented by Inn president, Judge Bob LeBlanc, and Inn board member, Mark Horwitz. Three gold-level sponsors made this award possible: Law Offices of Horwitz & Citro, P.A., A. Brian Phillips, P.A., and Akerman LLP.

The Central Florida Family Law Inn

Since they could not be together as a group, the Central Florida Family Law Inn arranged a lasagna and salad dinner with dessert for two for pickup. The food was prepared and packaged by Catering by DeCapua, and members did a “drive-by” pickup at O’Mara Law Group on Thursday, May 7, 2020. Dinners were also donated to the Ronald McDonald House.

CFAWL

Congratulations are in order for the Central Florida Association for Women Lawyers, recipient of the President’s Award from the Florida Association for Women Lawyers (“FAWL”).

CFAWL was recognized at FAWL’s Virtual Annual Convention for its creativity and ingenuity in keeping its members engaged and connected during the pandemic. The recognition came with a $250 cash award as well. CFAWL’s Remote Rendezvous Virtual Tables for Eight have continued to be highly attended by members and have included a variety of activities to encourage members to try something new and stay connected while staying at home. Topics have included: cooking nights, a “Run for Office” panel discussion, “Yappy Hour,” and a trivia night. As it closed out the year, CFAWL announced its new board of directors and will hold a membership luncheon on July 10, 2020, for the installation of the new board and president, Mary Walter. Look for updates on social media regarding rescheduled events and plans for the 2020-2021 year. We look forward to what the new year with CFAWL will bring. Join CFAWL for its next monthly luncheon and/or Table for Eight as they continue to support women in the legal community.

GOAABA

For the month of May, the Greater Orlando Asian American Bar Association celebrated Asian Pacific American Heritage Month (“APAHM”) by highlighting its board members on various social media platforms to announce their reasons for being proud GOAABA members and to bring awareness to their Asian American heritage. GOAABA board members, Leia Leitner and Onchantho Am, also worked with other Asian American organizations, including the Orange County Asian Committee and the National Asian American Association of Asian Professionals to discuss their Asian American culture for APAHM. GOAABA hosted a happy hour on June 11, 2020, where they bid farewell to the 2019-2020 board. GOAABA’s 2019-2020 board was beyond grateful and honored to have served the legal community this past year. They cannot wait to welcome the 2020-2021 board! 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 is a board member of the OCBA Criminal Law Committee and has been a member of the OCBA since 2011.

Central Florida Family Law Inn Lauren Brusca “2D stand-in” Mark O’Mara with Timber Susan Staggs Hon. Michael Kraynick Andrew Windle, President Carina Leeson

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 19

Intellectual PropertyCommittee Hazy Regulations: The Attack on Loot Boxes

oot Boxes. Whether you call Clearly, there are several elements evaluated to make the determithem surprise mechanics or nation; however, the bill (in its current form) would probably be cash grabs, they are one of, unconstitutional. Attorney Brandon Huffman has already detailed if not THE, hottest topic in the how the bill likely fails any First Amendment challenge in an argaming industry. My first mem- ticle posted on his firm’s website.3 In short, Huffman argued that ory of loot boxes is from when I the speech in games is protected speech. He relied on the opinion was a small child. Every trip to delivered by the late Justice Scalia in Brown v. Entertainment Merthe supermarket ended with a chants Ass’n, 564 U.S. 785 (2011). There, the Supreme Court held stop at the register, where there that video games were protected just like violent speech in books was an assortment of multi-col- and radio.4 Both of those fields have previously been attacked, and ored holographic playing cards: the courts have protected the speech in their holdings. Pokémon, NBA, MLB, NHL, The bill also fails a due process challenge. The bill, as constructed, NFL, or Magic: The Gathering. would almost certainly fail as void for vagueness. This constituSean Méndez-Catlin, Esq. I found myself peddling these tional law concept is fairly straightforward. In 1926, the Supreme cards on my parents’ carts (or buggy depending on where you’re Court stated that “a statute which either forbids or requires the from) in the hopes that they would purchase the card pack for me. doing of an act in terms so vague that men of common intelliUsually, it was the ten-card pack. Sometimes, I was lucky and could gence must necessarily guess at its meaning and differ as to its get the fifty-card starter pack. Looking back, it is easy to see that application violates the first essential of due process of law.”5 these were in fact loot boxes. I would get my parents to spend $2.99 to give me a chance at getting a Charizard, Venusaur, Blastoise, or The doctrine was discussed at length in United States v. L. Cohen that all-mighty holographic Pikachu. If you were lucky, you got all Grocery Co., 255 U.S. 81 (1921). In L. Cohen Grocery, the law the cards quickly; if you were less lucky, it might take several trips to under review made it: the supermarket and creative bargaining with parents. unlawful for any person willfully . . .to make any unjust or unreasonable rate or charge in handling or dealing in or with any Fast-forward to today, and loot boxes have become common in alnecessaries; to conspire, combine, agree, or arrange with any most all areas of the gaming market. They are especially prevalent in other person . . . (e) to exact excessive prices for any necessaries. the video game market. From NBA 2K to Destiny 2, there is some . . . Any person violating any of the provisions of this section sort of chance mechanic, usually termed “RNG.” “RNG” refers to upon conviction thereof shall be fined not exceeding $5,000 or the random number generator utilized to determine what items a be imprisoned for not more than two years, or both. . . .6 player receives from a loot box purchased with in-game currency for a chance at greatness. Juniper Research estimates that loot boxes will The Court held that this statute impermissibly left the determicreate a $3 billion increase in revenue in the gaming market by 2022.1 nation of illegal actions to the jury.7 The Court explained that The financial success of the loot box system, as well as the deceptive the language of the statute does not control any specific action tactics used by some game companies, has caused many govern- because “[i]t leaves open . . . the widest conceivable inquiry, the ments to focus on loot boxes and their legal future. Senator Josh scope of which no one can foresee and the result of which no one 8 Hawley announced his intention to introduce legislation to ban can foreshadow or adequately guard against.” loot boxes for use in games marketed to minors. The ban would The Pacifica and Fox line of cases informed the public that the apply to any games targeting players under the age of eighteen. The doctrine applies to civil statutes as well as criminal matters. In bill sets forth the following criteria to determine whether a game is FCC v. Pacifica Foundation, 438 U.S. 726 (1978), the Supreme one that targets minors: Court evaluated the constitutionality of the FCC policy related to Title 18 U.S.C. § 1464 governing obscene and indecent be(A) the subject matter of the product; (B) the visual content of havior.9 The case centered around the broadcast of a monologue the product; (C) the music or audio content of the product; by George Carlin that used language dealing with sex and excre(D) the use of animated characters or activities that appeal to 10 tion. The Court held that the FCC could limit the speech as it individuals under the age of 18; (E) the age of the characters or was not fully protected.11 Fast-forward to 2012 and the Court models in the product; (F) the presence in the product of—(i) would again revisit this issue in FCC v. Fox TV Stations, Inc., 567 celebrities who are under the age of 18; or (ii) celebrities who U.S. 239 (2012). appeal to individuals under the age of 18; (G) the language used in the product; (H) the content of materials used to adverFox Television Stations and ABC Television received indecency tise the product and the platforms on which such materials apcomplaints about three broadcasts lodged against them.12 The pear; (I) the content of any advertising materials that appear in Court summarized the issues as follows: Nancy to— Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr the product (J) other reliable empirical evidence relating First, in the 2002 Billboard Music Awards, broadcast by re(i) the composition of the audience of the product; or (ii) theJuna Pulayya • Lorna • Andrew Windle spondent FoxTruett Television Stations, Inc., the singer Cher exaudience of the product, as intended by the publisher or disHon. Tesha Ballou • Susan Staggs • Mark O’Mara claimed during an unscripted acceptance speech: “I’ve also tributor of the product; or (K) other evidence demonstrating had my critics for the last 40 years saying that I was on my that the product is targeted at individuals under the age of 18.2 PAGE 20

www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

way out every year. Right. So f*** ‘em.” 613 F. 3d, at 323. Second, Fox broadcast the Billboard Music Awards again in 2003. There, a person named Nicole Richie made the following unscripted remark while presenting an award: “Have you ever tried to get cow s*** out of a Prada purse? It’s not so f***ing simple.” Ibid. The third incident involved an episode of NYPD Blue, a regular television show broadcast by respondent ABC Television Network. The episode broadcast on February 25, 2003, showed the nude buttocks of an adult female character for approximately seven seconds and for a moment the side of her breast. During the scene, in which the character was preparing to take a shower, a child portraying her boyfriend’s son entered the bathroom. A moment of awkwardness followed.13 Fox and ABC were sanctioned by the FCC for the broadcasts and sued the FCC.14 At the time, there was an FCC policy stating that if the use of expletives was “fleeting,” then there was no sanction. Unfortunately, the FCC had changed the policy multiple times. In fact, just after the broadcast, the FCC determined that even a fleeting use of expletives was actionable.15 Justice Kennedy wrote the Court’s opinion which centered on the idea that “[a] fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct that is forbidden or required.”16 He clarified further stating: Even when speech is not at issue, the void for vagueness doctrine addresses at least two connected but discrete

theBriefs July 2020 Vol. 88 No. 6

due process concerns: first, that regulated parties should know what is required of them so they may act accordingly; second, precision and guidance are necessary so that those enforcing the law do not act in an arbitrary or discriminatory way.17 Justice Kennedy also emphasized that where speech is concerned this principle is important to avoid vagueness that may affect protected speech.18 The Supreme Court determined that the FCC policies in conjunction with the language in the statute did not give Fox or ABC notice that a fleeting expletive or a brief shot of nudity was something that could be sanctioned.19 These rulings are important to Senator Hawley’s proposed bill. In its current iteration, a clear prohibited action has not been adequately defined. When I was younger, I always wanted to play Halo because my cousin always played it. Given the current proposed bill, Microsoft may be held liable if there are loot boxes in the game because I was attracted to the game as a minor. Microsoft did not target players under the age of eighteen. Many companies may limit their protected speech to avoid prohibited behavior. For example, Borderlands 3, released in September 2019, utilizes a loot box mechanic for its items, and 2K has to worry about whether the mechanics are actionable. Although the story, gameplay, and concepts should not be prohibitive, the game utilizes bright saturated colors and there are characters that act childlike. This may be enough to ban the mechanic from the game. The options are either—stay true

to the vision of the game or limit your speech to ensure a profit. This is just a proposed bill: edits and rewrites may lead to a bill that is constitutional. It is almost certain that there will be some sort of restriction to loot boxes in the coming years. We have seen the trend worldwide of strict loot box laws, such as Japan’s law restricting kompu gacha. This law restricted Japan’s companies from implementing multilevel/combination loot boxes, known there as complete gacha. The impending U.S. restriction needs to fit appropriately to the market and should not be overbroad. Recently, 2Ksports released NBA 2K20 and in its wisdom added a slot machine design in a mode. Although there are other legitimate gambling mechanics in the game, the aesthetic has created an uproar about gambling being promoted to children and undoubtedly has added fuel to the fire and delayed parts of the modification for redesigns. To be clear, it still looks like a casino. We shall soon see what effect the spread of COVID-19 will have on the government reaction; however, it is currently quiet. That is unlikely to persist as Congress continues to review the bill. Sean Méndez-Catlin, Esq., is the managing partner at MC & J Law, PLLC. The firm focuses on business formation and dissolution, intellectual property, video game law, business litigation, and criminal defense, including DUI defense. He is the incoming chair of the OCBA Intellectual Property Committee, a member of the Criminal Law Committee, and a member of the Video Game Bar Association’s Public Policy Committee. He has been a member of the OCBA since 2016. James Batchelor, Loot boxes expected to drive games market to $160 billion by 2022 (May 01, 2018), GamesIndustry.Biz, https://www.gamesindustry.biz/articles/201805-01-loot-boxes-expected-to-drive-games-market-tousd160-billion-by-2022 (last visited June 2, 2020). 2 A bill to regulate certain pay-to-win microtransactions and sales of loot boxes in interactive digital entertainment products, and other purposes, S. 1629, 116th Congress (2019) (as introduced to the Senate, May 23, 2019). 3 Brandon J. Huffman, Esq., The First Amendment Video Games–Part 5: Brown v. EMA, Odin Law and Media, https://odinlaw.com/the-first-amendment-and-videogames-part-5-brown-v-ema/ (last visited June 2, 2020). 4 Brown v. Entm’t Merchs. Ass’n, 564 U.S. 786 (2011). 5 Connally v. Gen. Constr. Co., 269 U.S. 385, 391 (1926). 6 U.S. v. L. Cohen Grocery Co., 255 U.S. 81, 85 (1921). 7 Id. at 92-93. 8 Id. at 89. 9 FCC v. Pacifica Found., 438 U.S. 726, 738 (1978). 10 Id. at 729, 745. 11 Id. at 750-51. 12 FCC v. Fox TV Stations, Inc., 567 U.S. 239 (2012). 13 Id.at 247-48. 14 Id. at 248, 250. 15 Id. at 248. 16 Id. at 253 (citation omitted). 17 Id. at 253 (citation omitted). 18 Id. at 253-54. 19 Id. at 258. 1

www.orangecountybar.org

PAGE 21

Special

continued from page 8

LaShawnda mentors young girls detained in the local juvenile detention center who await sentencing or admission into a treatment program. “In talking with the girls about my job, or telling them my story, I remind them that we all come from different places, but to take advantage of the opportunities you do have. I tell them to stay inspired and have a plan. I had to sacrifice time and long hours of studying, but it was worth the sacrifice,” she said. “It’s also important to surround yourself with good people and aim for your dreams.” “I always say, ‘no pain, no gain.’ Sometimes you go through things to get you where you need to be. The journey isn’t always easy, but it is worth it,” she added. Motivated to Succeed No stranger to barriers and obstacles, LaShawnda was just three years old when her father was shot and killed by her biological mother. After her mother’s arrest, she was raised by her father’s sister, whom she calls “mom” and grew up outside of Titusville in Mims, Florida. “I saw so many people on the wrong side of the law. I wanted to be on the right side of the law. My biological mother was 19 years old when I was born, and I was her fourth child. I was not going to do that.” Equipped with that powerful motivation, and the desire to make her father proud, LaShawnda worked hard to succeed in school. In high school, her American government teacher and mentor pointed her on the path to law. Her teacher, Mrs. John-

son, told her that she had a ‘big mouth’ and should be on the mock trial team. While LaShawnda admits she had no idea what the mock trial team was, she was intrigued

“One of the many qualities I admire is that she is not looking for the spotlight, but rather how she can make whatever she is a part of better.” – Kevin C. Allen-Nash, Esq. by the compliment. She found her calling and a use for her fast talking and big personality and was given the nickname “Bullets” from Brevard County Court Judge John Dean Moxley after quickly firing questions to a witness during one competition. In addition to the mock trial team, LaShawnda played basketball and won state titles in the shot put and discus track and field events in high school. While she might have been able to earn athletic scholarships to attend some smaller colleges, she had her eyes on the University of Florida. She earned 13 academic scholarships to attend the University of Florida and also competed in shot put and hammer throw on the track and field team. After graduating, she continued on to law school at UF.

Reminder: Reserve Your Photo Portrait Sitting for the OCBA Online

Membership Directory Starting July 6

A J.Russell Photography representative will contact you to schedule an appointment. However, feel free to call J.Russell Photography at 512-266-8921 to schedule your appointment, or schedule online at www.goJRussell.com (choose “Schedule” from the menu on the left side of the website, and then choose “Guest Account” to get to the calendar). All sittings are free of charge, and the photo you select for the Online Membership Directory will be published online at no charge.

PAGE 22

Pay It Forward Attitude LaShawnda has a “pay it forward attitude” when it comes to helping kids. “People took time for me when I was young, so I have a hard time saying no if it has anything to do with kids,” she admitted. One great example is the role she plays each year when Freedom High School students participate in an educational law program at RumbergerKirk. The program is a partnership with Allstate Insurance Company and Street Law, Inc. and serves to give the students a glimpse into the legal field. “LaShawnda heads up the contracts portion of that program, which includes a role-playing exercise in which the students are asked to act as attorneys consulting a client during a contract dispute. During the fictitious dispute between the Amway Center and Beyoncé, LaShawnda teaches the students with her amazing energy and passion all while wearing a ‘Free Beyoncé’ t-shirt. Of course, the kids love her,” said Sally Culley, administrative partner of RumbergerKirk’s Orlando office. “LaShawnda challenges those around her to strive for and achieve excellence in their practice and their lives,” said RumbergerKirk partner Skip Eubanks. “She willingly gives of her time and experience to encourage and give others their best opportunity for success.” A characteristic that she will undoubtedly bring to her leadership term at the OCBA. Submitted by Rumberger, Kirk & Caldwell, P.A.

Legal Aid SocietyWhat We Do... continued from page 14

ed. He still wants a forever family. My advocacy for him will not end, and I would like to think that with every battle we overcome together we are that much closer to finding that family. Denver is not unlike any other foster child with a mental health diagnosis; he truly is not unlike any child with a mental health diagnosis: they can be challenging. They can make you frustrated. They can make you question your capacity to address what seem like insurmountable issues. But they are kids. Denver, like all foster kids, is a hopeful, scared, relatively new-tothe-world child worthy of representation, which he desperately needs. Do not be intimidated by their diagnoses, and do not buy into the “bad kid” label. For more information about becoming a GAL, please contact Marie Priebe, guardian ad litem staff attorney, at 407-841-8310, or email mpriebe@ legalaidocba.org. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, director of development, at 407-515-1850, or email dhaynes@ legalaidocba.org. Marie M. Priebe, Esq., is a guardian ad litem staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2015.

www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

Young Lawyers SectionNews YLS on the Move

or the past three years, YLS has organized an event called Wills for Heroes. The goal of this program is to provide wills to first responders – fire fighters, law enforcement officers, EMS, active military, veterans, and their spouses. The documents they receive include a will and testament, living will, and power of attorney. In previous years, the heroes completed a questionnaire, met with an estate planAndrew P. Irvin, Esq. ning attorney for fifteen minutes, and then had the documents witnessed and notarized. This program has grown over the last three years in its size and demand. Last year, the event provided these documents for more than 220 heroes in one day. This was made possible by our small army of volunteers, a well-designed assembly line, and desire to do more for our community. Wills for Heroes required lots of people in one place. This year, we had a goal to double the number of wills we completed. Then came COVID-19. It would have been okay for us to say, “We’ll just do it next year.” Most organizations probably would have just scrapped this program. But, as I’m sure you know, our Young Lawyers Section is not most organizations. Instead of cancelling the event, Wills for Heroes went virtual. Thanks to the leadership of our president, C. Andrew Roy, and our program chairs, Amber Williams and Linnea Eberhart, the event was reengineered and on May 23, it was beta-tested. A dozen volunteers met at the OCBA, set up workstations more than six feet apart, and donned their masks. Then, through scheduled telephone calls with local heroes, we obtained the information needed to complete sixty-two wills and estate documents for members of the Orange County Sheriff’s Office and their spouses. But these documents are useless if not properly executed. The ingenuity did not stop there. On the following Wednesday, YLS volunteers set up a tent outside the Orange County Sheriff’s Office and conducted a mobile notary and witnessing service so that the

documents could be fully executed. The first attempt at a virtual Wills for Heroes was a great success. There is still a waitlist of first responders, and YLS is planning more frequent virtual Wills for Heroes. The events may look different than before, but the goal of providing these important documents for our first responders is still being accomplished. As we enter the 2020-2021 fiscal year, our Young Lawyers Section will be led by this all-star lineup: Brandon Sapp, President Michael Barber, President-elect Stephanie Alcalde, Treasurer Brian Lawrence, Secretary C. Andrew Roy, Immediate Past-president Kimberlee Martin, Communications Coordinator Board Members Joey Chindamo Connor Kelly Annie Kwong Heather Meglino Lauren Reynolds Jacob Schumer Kristen Trucco Arti Ajit Hirani Celia Thacker Dorn It has been my pleasure to share with you in the great work of our section and to write this column over the past year. We are a passionate group of lawyers who work hard and play hard. My friend Kimberlee Martin will be taking over YLS on the Move. I know she will keep you well informed and entertained for the next year. Thank you for reading! And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Andrew P. Irvin, Esq., of Irvin & Irvin PLLC, pursues injury and property damage claims for people who have been involved in car crashes. He has been a member of the OCBA since 2013.

YLS Wills for Heroes Front row: Philip Wayne, Amber Williams, Glaucia Jones, Corinne Huston, C. Andrew Roy, President Back row: Linnea Eberhart, Holley Knapik, Marchella McGinnis, Stephanie Torres, Ursula Remy

theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 23

OCBA MemberNews Hearsay Challenges often present opportunities for excellence and efficiency we might never have encountered otherwise. – Tim Harford

do not know where we will be as a community by the time this column publishes, but I am confident that regardless of the challenges we may face, we will emerge victorious and stronLinnea M. Eberhart, Esq. ger than ever before. Although 2020 has not been without its trials, it has also been a time of amazing feats of empathy, perseverance, and ingenuity that should not go overlooked merely because they sprung by necessity from adversity. If there is a silver lining to any of the unique situations we have encountered or that may be yet to come, it should be a renewed sense of comfort that together we can overcome obstacles we could not have even imagined. If you have a story to share about how you helped someone during these crazy times, or even a story about someone who helped you, please share!

Honors and Awards

P. Raul Alvarez, Jr., Esq., founding partner at Alvarez, Winthrop, Thompson & Storey, P.A., has been invited to join the membership of The American College of Transportation Attorneys. The Florida Bar Board of Governors has nominated Peter F. Carr, Esq., Carr Law Firm, P.A.; Joshua D. Grosshans, Esq., Latham, Shuker, Eden & Beaudine, LLP; and Jessica A. Travis, Esq., Law Office of Jessica Travis, P.A., for the state’s judicial nominating commissions. Kelly J.H. Garcia, Esq., shareholder at GrayRobinson, P.A., received her certification from the Florida Supreme Court to serve as a circuit court mediator.

Community Involvement

J. Jeffrey Deery, Esq., shareholder at Winderweedle, Haines, Ward & Woodman, P.A., has been named chairman of the Board of Trustees of Lake Highland Preparatory School. Eric C. Reed, Esq., partner at Shutts & Bowen LLP, has been appointed as second vice-chair to the Board of Directors of Ronald McDonald House Charities of Central Florida.

On the Move

Brett M. Carey, Esq., has been elevated to partner at Rumberger, Kirk & Caldwell, P.A., where his practice focuses on insurance coverage and bad faith, employment, and commercial litigation. Carolyn S. Crichton, Esq., has joined Stovash, Case & Tingley, P.A., as a shareholder, where her practice focuses on commercial litigation, commercial real estate, bankruptcy creditor rights, lender representation loan documents, and probate. Christopher T. Dawson, Esq., was promoted to shareholder at GrayRobinson, P.A., where his practice focuses on lobbying and government relations for public and private sector clients. Samantha C. Duke, Esq., has been elevated to partner at Rumberger, Kirk & Caldwell, P.A., where her practice focuses on commercial litigation and product liability. Christian M. Leger, Esq., has been elevated to partner at Shutts & Bowen LLP, where his practice focuses on complex commercial litigation.

In Memoriam

Richard Rockwell Swann, Esq., 79, a longtime OCBA member, died on August 21, 2019. A graduate of Boone High School, he received both his undergraduate and law degrees from Duke University. Mr. Swann, an attorney and businessman, built a distinguished career in real estate development, banking, and politics. Among many accomplishments during 50 years of practice, he was instrumental in the transition of Central Florida from an agricultural community into the internationally recognized tourist region it is today, including assembling the acreage that became Universal Studios. The Hearsay column is for your news, accomplishments, and announcements, so please share any updates with me at leberhart@ losey.law. I have been hearing from more of you recently, which I appreciate! Let’s keep the momentum going. Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she practices intellectual property law. She has been a member of the OCBA since 2015.

PAGE 24 www.orangecountybar.org

theBriefs July 2020 Vol. 88 No. 6

THREE REASONS TO SCHEDULE VIDEOCONFERENCE DEPOSITIONS WITH MILESTONE: #1 IT’S FREE!

#2 YOU HAVE OPTIONS!

#3 PEACE OF MIND!

All videoconference & virtual services are FREE for the rest of 2020!!!

We can provide court reporting & videography in the following ways: - As you normally would! (everyone attends in person & follows social distancing guidelines) - Everyone attend remotely! (everyone attends online from their home or office & we can provide free equipment as needed) - Or we can have your witness in the same location as the court reporter & everyone else can attend remotely!

Since the Covid-19 outbreak, we’ve taken nearly 30 depos per day with online videoconferencing, so you can rest assured that our experience & remote capabilities are on your side! Plus, we have a virtual depo assistant assigned to every case you set with us, to ensure your depo goes smoothly from setup to finish!

EMAIL US OR SEND NOTICE TO:

scheduling@milestonereporting.com theBriefs July 2020 Vol. 88 No. 6

www.orangecountybar.org

PAGE 25

New Lawyer Training Program Friday & Saturday | August 7 & 8, 2020

The two-day program gives the information you need to be a successful legal practitioner! Topics include: • Navigating circuit civil, business, domestic, and criminal courts in the Ninth Judicial Circuit • Establishing and building a successful solo practice • Where to find inexpensive practice management resources • The importance of professionalism and ethics in practice Network with seasoned legal professionals and members of the judiciary while earning 7 CLE credits!

Early Bird Price Extended to August 1, 2020! Breakfast, lunch, and educational materials included. All attendees are automatically enrolled in the OCBA’s mentoring program!

Past Attendee Testimonials: “Incredibly helpful. The information I’ve learned is priceless. Coming in and being able to network on an intimate level which is vital to our profession was eye-opening.” “Attending was the best

Student: $125 (OCBA student membership included!) Members: $150 Non-members: $175

decision for someone like me who will be opening

Learn more or register online at https://bit.ly/OCBANLTP

his/her own law firm in the next two months.”