The Orange County Bar Association -The Briefs - July 2021

A Publication of the Orange County

Bar Association

2021– 2022 OCBA Executive Council and Officers

Inside this Issue: President’s Message Summer Break Eric C. Reed, Esq.

July 2021 Vol. 89 No. 6

Professionalism Committee Remarks Upon Receipt of the OCBA 2021 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Lisa Gong Guerrero, Esq.

Special Help Yourself and Others at the Lydia Gardner Self Help Center Jessica D. Thomas, Esq. Estate, Guardianship & Trust Committee Lady Bird Deed Practice Points Joseph M. Percopo, Esq., LL.M.

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Contents 3

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President’s Message Summer Break Eric C. Reed, Esq.

Legal Aid Society What We Do...

Turning the Key on Lockouts Camilo Parra, Esq.

4

Clerk’s Corner Legislature Passes Florida Court Clerks 2021 Priority Legislation The Honorable Tiffany Moore Russell

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Professionalism Committee Remarks Upon Receipt of the OCBA 2021 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Lisa Gong Guerrero, Esq.

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2021 OCBA Gala & Installation Ceremony

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Paralegal Post Administrative Professionals Day April Phillips, FRP

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Voluntary Bar News SideBar Alena V. Baker, Esq.

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Chief’s Column Moving Forward: Looking at the Post-COVID Courts The Honorable Lisa T. Munyon

Young Lawyers Section News YLS on the Move Linnea M. Eberhart, Esq.

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OCBA Member News Hearsay Michael V. Andriano, Esq.

Special Help Yourself and Others at the Lydia Gardner Self Help Center Jessica D. Thomas, Esq.

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New Members

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Estate, Guardianship & Trust Committee Lady Bird Deed Practice Points Joseph P. Percopo, Esq., LL.M.

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Legal Aid Society Teaching Tips GALs, Take Note: School Discipline is Swift But Not Necessarily Permanent Hannah N. Farber, Esq.

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Classifieds

28 Calendar

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 ©2021 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Florian Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

Editor John M. Hunt

©2021

Associate Editors Karen L. Middlekauff & C. Andrew Roy Hearsay Columnist Michael V. Andriano YLS on the Move Linnea Eberhart SideBar Alena V. Baker

w OFFICERS Eric C. Reed, President Karen L. Persis, President-elect Amber N. Davis, Treasurer Arti Ajit Hirani, Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Catherine T. “Kate” Hollis Kristopher J. Kest Bruce A. Mount Rafael Orlando Rodriguez C. Andrew Roy Brandon M. Sapp Jennifer Smith Thomas Jessica A. Travis M. Ryan Williams LaShawnda K. Jackson, Ex-officio Michael Barber, YLS President w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull

DEADLINE INFORMATION

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880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 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

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President’sMessage

July 2021 W

Summer Break

e are off and running into the new OCBA bar year. On May 22, 2021, the Gala was held at the Rosen Shingle Creek where former Chief Judge Donald Myers presided over the swearing in of the board members for the Executive Council, Foundation, Legal Aid Society, Young Lawyer Section, and Paralegal Section. The Gala “Tri-Chairs” Alisia Adamson Profit, KeEric C. Reed, Esq. shara Cowans, and Stephanie Alcalde put on a fantastic event and a step in the right direction as we reopen our doors. I want to congratulate each member of these boards and thank you for all your hard work and commitment to the OCBA. As we enjoy summertime, including the Fourth of July, fireworks, and hot dog eating contests, it brings back memories of the summer of 1988. I was the bat boy for the West Palm Beach Expos, and for the baseball fans out there (e.g., Bill Davis), Felipe Alou was the manager of the team (who later managed the now-defunct Montreal Expos). It was a neat experience and a real look into the life of a minor league baseball player. Back then my dream, like many boys, was to one day play pro baseball (well, that didn’t happen). Life seemed simpler back then compared to today’s hectic world. Even more so the stress of the practice of law… meeting deadlines, client demands, and trying to keep up with the ever-changing law, i.e., the motion for summary judgment standard. The summer does (hopefully) allow us time to recharge our batteries, get away from the office and enjoy some much-needed rest and relaxation with family and friends.

When this edition of The Briefs hits the mailbox, fingers crossed, my plan is to spend the Fourth of July tubing and paddleboarding with my family on Lake Burton in north Georgia.

However, before the summer fun begins and as I embark on my term as OCBA President, one of my colleagues from Shutts & Bowen, Scott Glass, provided me the following sage advice (which likely was recycled and which I hope I don’t need to use):

A guy takes over a department. He discovers three envelopes in his desk drawer.

The first envelope says open when you make your first mistake. Things are going great but 3 months into the new position he makes a mistake so he opens the first envelope titled “First Mistake.” The letter says, “Blame your predecessor.” He goes to his boss and explains the mistake is because of his predecessor; and the boss agrees.

Things move along smoothly and 6 months into the new job, he makes a second mistake so he opens the second envelope titled “Second Mistake.” The letter enclosed reads, “Blame the staff because those were your predecessor’s people.” He goes to his boss and explains the staff is from the previous administration, the boss agrees and says to hire new people. Things are rolling along but after 12 months, he makes a third mistake. He feels confident that the third envelope will help him out of this pickle. He goes to the desk drawer and opens the third envelope titled “Third Mistake.” The letter reads, “Prepare three letters…”

Enjoy your summer!

Eric C. Reed, Esq., is a partner in the Orlando office of Shutts & Bowen, LLP, where he practices business litigation. He has been a member of the OCBA since 2000.

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Clerk’sCorner

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Legislature Passes Florida Court Clerks 2021 Priority Legislation

am pleased to announce the Florida Court Clerks & Comptrollers (FCCC) celebrated the unanimous passage of our legislative priorities bill by the full chambers of the Florida House of Representatives and the Florida Senate. The bill contains this year’s FCCC legislative priorities that will begin to stabilize clerks’ budgets and the way clerk services are funded.

This legislation will greatly benefit our ability to begin fixing the way our services are funded, so we can better help individuals and businesses who interact with the justice system. I want to sincerely thank Senator Jim Boyd, Representative Webster Barnaby, Representative Chuck Clemons, and Senator Ed Hooper, as well as the rest of our legislative partners for their support.

I would like to also recognize the following members of the Orange County Legislative Delegation, State Senator Randolph Bracy (D-11), Senator Victor Torres (D-15), State Representative Kamia Brown (D-45), and State Representative Daisy Morales (D-48) who co-sponsored our clerk priority bill, SB 838. I appreciate their sponsorship and the support of the rest of our local delegation members for voting in favor of this legislation.

The legislative priorities captured in SB 838 address a few key modifications: • Better stability by authorizing clerks to carry responsible, statewide reserves to help plan for emergencies, such as COVID-19.

• Improved procedures to allow clerks to carry forward certain revenues from year to year and to better manage their budgets.

• Enhanced payment plan options statewide to encourage timely fulfillment of financial obligations and help reduce driver license suspensions.

• New efficiencies that streamline local jury administrative costs.

There are several reasons why changes to the clerks’ funding system are needed. Clerks’ offices operate on a cash basis, month-tomonth, relying on the fines, fees, service charges, and court costs they collect to fund critical public services. There are many services and activities that have no associated fees or revenue – such as domestic violence injunctions, mental health, and indigency cases. As Florida’s population has grown, funding for clerks’ offices has decreased sharply due to the instability of revenue generated in this fines-and-fees-based system.

Clerks are also not funded in the General Appropriations Act and, by law, are not allowed to carry statewide reserves to help with emergencies. COVID-19 further exposed the flawed system, with clerks’ offices across the state seeing severe funding reductions from July 2020 to September 2020 that averaged nearly 50 percent.

With the passage of this new legislation, clerks are now authorized to create more stability and offset declines in revenue caused by the current funding system. These priorities are a beginning framework in establishing budget stability, and clerks aim to build upon them in future legislative sessions.

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

July 2021 Cover

2021 – 2022 OCBA Executive Council and Officers Back Row Brandon M. Sapp, Esq. Catherine T. “Kate” Hollis, Esq. Keshara D. Cowans, Esq. Kristopher J. Kest, Esq. Rafael Orlando Rodriquez, Esq. Euribiades Cerrud, II, Esq. Lisa Gong Guerrero, Esq.

Middle Row Amber N. Davis, Esq., Treasurer Arti Ajit Hirani, Esq., Secretary LaShawnda K. Jackson, Esq., Ex-officio Eric C. Reed, Esq., President Jessica Travis, Esq. Karen L. Persis, Esq., President-elect Bruce A. Mount, Esq. Seated C. Andrew Roy, Esq. Michael Barber, Esq., YLS President (Not pictured: Jennifer Smith Thomas, Esq., M. Ryan Williams, Esq.)

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ProfessionalismCommittee

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Remarks Upon Receipt of the OCBA 2021 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

rofessionalism enables ad- discussions. The Greater Orlando Asian American Bar Associaversaries to work together to tion, or GOAABA as we call it, was officially incorporated on Ocresolve complex issues. Pro- tober 19, 2009. After the formation, we continued to contribute fessionalism also fosters progress. countless hours establishing and building the organization. Today In law school, aspiring attorneys I am immensely proud to see the organization continue to evolve and make a positive impact in the Central Florida are taught to be community. Looking back, it was those long, nevprofessional while Professionalism is er-ending discussions and planning meetings that zealously advocating turned strangers into close friends. The tenets of not only limited for their client. They professionalism – character, competence, commitare taught how at- to conduct while Lisa Gong Guerrero, Esq. ment, and civility – enabled us to work together to torneys should act working on a case achieve a common goal. in the courtroom or when working with opposing I may not have changed the world in 2009, but I counsel, clients, and judges. But how should attor- or appearing in hope my contributions will leave this community a neys act when they are not working on a case? Pro- court. Attorneys little better than I found it. To all the young lawyers fessionalism is not only limited to conduct while should strive out there, I challenge you to be kind to each other, working on a case or appearing in court. Attorneys find your passion, and change the world. should strive to promote professionalism in their to promote daily lives regardless of the occasion, setting, or so- professionalsim… I am humbled and honored to receive the Lawcial media platform. rence G. Mathews, Jr. Young Lawyer Professionregardless of the alism Award and to be included in a long list of As a mom, I try to teach professionalism to my son occasion, setting, accomplished, well-respected attorneys in our comby teaching him to be kind, to do everything with munity. Thank you to the OCBA Professionalism passion or not at all, and to leave this world a little or social media Committee for selecting me as the recipient of this better than he found it. It is also what I aspire to do platform. award. Thank you to my GOAABA family for the and what I believe professionalism to be. nomination. Lastly, I would like to thank my famI discovered one of my passions as a young lawyer ily for their unconditional love and support, especially my husin 2009 when I met a group of local attorneys, most of whom I band, Felipe, my son, Gabriel, my dad, and my sister, Anna. You had never met before, to discuss forming an organization to repall inspire me every day. resent the interests of the Asian Pacific American community in Central Florida. The initial meeting was a success and we decided to work together to form the organization. We met several more times over the hot summer to plan and finalize the organization’s bylaws, mission statement, and name. Creating an organization from scratch was not an easy task and there were many details to discuss and execute. Regardless of the topic, we remained professional, kind, and respectful with one another in those spirited

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Lisa Gong Guerrero, Esq., is an assistant state attorney with the Ninth Circuit State Attorney’s Office and has been board certified in criminal trials since 2015. She is a past president of the Greater Orlando Asian American Bar Association, member of the OCBA Executive Council, and chair of the Membership Committee. She has been a member of the OCBA since 2006.

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Chief’sColumn Moving Forward: Looking at the Post-COVID Courts

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am writing this column eight weeks in advance of publication. That’s a lot of lead time, and a lot of change is set to happen between now and then. But, regardless of the timing, I am pretty certain the most pressing question on everyone’s mind is – how are the courts going to move forward post-COVID? Answering that question isn’t easy.

Timing, unfortunately, does come The Honorable Lisa T. Munyon into play. As I write, everything is in flux everywhere. COVID manChief Judge dates and recommendations are Ninth Judicial Circuit Court changing weekly. The courts are ramping up and preparing to fully open in July. Every indication leads to this reality. But, not knowing how all the variables will play out, I can’t offer you detailed answers. How the courts move forward is as much about the big picture as it is about the small details.

And, the big picture of what the future of the courts looks like is something I can offer.

First and foremost, the efficiencies we all worked so hard to establish during the pandemic will remain. The post-COVID court will be a hybrid of remote options and traditional procedures. There will be in-person and virtual hearings. Jury trials will resume in full, but the days of seating jurors shoulder-to-shoulder in jury assembly rooms and for voir dire are likely gone. Witnesses will testify in the courtroom or remotely when it’s appropriate. The virtual procedures that are cost effective and efficient will stay. The court will not go back to its old ways and leave behind the gains it made. We’ll bring those gains forward and create a new normal.

And, we will need them. There is a lot of work ahead of us. The pandemic created a backlog in courts across the nation the likes of which the judicial branch has never seen. The workload is daunting, I know. But, we will have the resources needed to get the work done. The state legislature reallocated the funds for the three additional judgeships, and included funding for case managers and additional senior judge days in the budget. With these judgeships,

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we will have the opportunity to effectively distribute caseloads to ensure that the divisions needing extra help get extra help. And, the extra support staff ensures that the work behind the bench keeps pace.

We’ll also need more space. Having more judges and staff is meaningless if they don’t have somewhere to work. Orange County built the downtown courthouse with three shell floors for future expansion. That foresight has been invaluable. Orange County facility crews began work on two of the shell floors early this year.

The 13th floor, which will be designated “M”, will house five new courtrooms, three courtrooms for jury trials and two for family cases; constructions starts in September and should be operational in August 2022. Eight new chambers are currently being built on the 14th floor and are slated to be finished this October.

The courts are ready to move forward into a post-COVID world.

But, are we? Remember, I am writing this in May. The quick changes have been unsettling to a lot of people. There was a lot of reluctance going into the pandemic, and there is a lot of reluctance coming out. Thousands of people come through our courthouses daily. It is not easy to go from isolation to mingling with strangers. Perhaps in July, we’ve all settled back into our comfortable professional and social routines. But, if there is still some lingering reluctance, remember to go easy on yourself and others.

Be respectful of those who still choose to wear a mask, and wear one yourself if that makes you more comfortable in public spaces.

We’re all finding our own way back to normal, so let’s give each other the same support we gave when the pandemic began.

My post-COVID normal looks nothing like what it did pre-COVID. I am exiting this pandemic stepping into the role of chief judge, and learning what this new normal looks like for me. But, you can expect from me the same support I gave before I became chief. My door is always open and I am always here to help you navigate your issues. And, I am ready to lead the courts forward into a bright post-COVID world.

The Honorable Lisa T. Munyon, Chief Judge of the Ninth Judicial Circuit, was first appointed to the Circuit Court for Orange and Osceola Counties in 2003 and has been an OCBA member since 1989.

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Special

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Help Yourself and Others at the Lydia Gardner Self Help Center

ttorneys are in the service private practice it has helped me prepare for proceedings where industry. Every day, they get in order to prevail I need to get to the point quickly and clearly. up and put their doctoral If the opportunity to grow your skills does not persuade you to degrees to use for others. In fact, volunteer, surely the prospects to grow your practice areas will. they are serving their neighbors, Most solo practitioners are some of the absolute best litigators their friends, their families, and in the business. This high aptitude can be related to the ability their community throughout to jump from normal niche areas of law into a variety of other all aspects of life. Whether that practice areas. Being hungry and fierce is a required part of being is navigating the starting of a a solo practitioner as all burdens fall on you for the operation of new business, growing a family your law firm and service to your clients. Often, we are not prothrough adoption, securing med- vided the chance to learn a new area of law without a sacrifice of ical care after an time, or finances, or both. Through the Self Help auto accident, or Center you will be exposed to and learn areas of Jessica D. Thomas, Esq. The times that advocating for the family law, small claims, and landlord/tenant law innocence of a defendant in a criminal proceeding, we feel happiest in grave detail. You will see fact patterns that even lawyers are always helping. the toughest law school professor or Florida Board are when we are of Bar Examiners could not create. That consistent As members of a community that constitutes truly able to see exposure will leave you with the capability to add around 0.36%1 of our overall U.S. population, a new practice area to your law firm and create attorneys are often highly skilled and render their the impact of our professional services at a price point relative to those service in bringing another source of revenue. In addition, attorneys who work in the Self Help Center are compensated skills. However, out of the 331 million people2 in calm, resolve, $200 per day / $100 per half-day shift.

America, there are many who need legal help but are unable to afford those necessary services. Lucki- and resolution to If you aren’t in need of honing your skills or adding ly, for Orange County residents, we have the Lydia those who depend a practice area, I would encourage you to volunteer Gardner Self Help Center. At this center, our com- on us. Imagine for the simple reason of expanding your knowledge munity members can receive help with their family of the legal field in general. Every single lawyer feeling that over law, small claims, and residential eviction actions. can tell you about the time a procedure or practice management situation caused an issue in their legal The most astounding aspect of this center is that for and over again in career. In fact, that is one of the many reasons that just $1 per minute, litigants can have an attorney one day. our profession lives and breathes mentorship; the consultation in these areas of law and garner all the expertise of our most skilled colleagues for an amount affordable goal is to learn from others and not needlessly suffer some of the to those most in need. In fact, when I started volunteering at the often very tough lessons of technicalities.

Self Help Center in 2015, I do not think I knew just how much Volunteering at the Self Help Center provides one with the ability need there was. to see every type of procedural issue imaginable. Whether it is juWhen you do something every day, it becomes second nature; but risdiction, administrative proceedings, due process matters, or just when you have never even walked into a courthouse, much less case management, introduction to these areas will most definitely been part of any litigation, the very sight of the simplest court assist you in your legal career and provide food for thought as you document can cause confusion. Couple that confusion with severe face those concerns among your own cases. anxiety of going through a legal action that may result in the loss As a solo attorney myself with a young family and involvement of your children, your property, or your “justice,” it’s easy to see locally and statewide in voluntary bar organizations, I understand why attorney consultations are booked from 8:00 a.m. to 4:00 the precious, priceless aspect of our time. Nevertheless, I personp.m., Monday through Friday. ally implore you to think about when you were happiest in your The nature of being a lawyer is to be an advocate. With that advo- practice of law. cacy comes the desire to be, well, right! So, it’s often the case that I am sure that we all have had those undefinable wins which we lawyers spend countless hours researching and hyper-focusing on carry with us always, and those times when we achieved vindicalegal arguments in order to present a superior legal position in a tion against the “big bad company” on the other side. But I would trial. This is not an option in a 15-minute Self Help Center con- be willing to bet, that for most of us, it was not the million-dollar sultation (appointments are scheduled for a minimum of 15 min- case, the longest fought battle, or even the most complex legal utes or a maximum of one hour). You must be able to think on matter that made us feel whole in what we do. The times that we your feet in a short time and give the most help possible to your feel happiest are when we are truly able to see the impact of our pro se party. Most lawyers learned the skill of fast issue spotting service in bringing calm, resolve, and resolution to those who deand reasoning in law school through the Socratic method. Volun- pend on us. Imagine feeling that over and over again in one day. teering at the Self Help Center has provided me with a venue to hone this skill consistently. When I take that expertise back to my continued page 24 theBriefs July 2021 Vol. 89 No. 6 www.orangecountybar.org PAGE 9

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theBriefs July 2021 Vol. 89 No. 6

Estate, Guardianship & TrustCommittee Lady Bird Deed Practice Points

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he Enhanced Life Estate Deed (aka Lady Bird Deed) provides an inexpensive method of transferring property upon death while avoiding probate and the much more expensive costs of preparing a trust. A traditional life estate deed provides a life tenant use and enjoyment of the property for life but upon the life tenant’s death it passes to a designated recipient known as a remainderman. A Joseph M. Percopo, Esq., LL.M. Lady Bird Deed operates similarly in that the property owner (“grantor”) reserves to himself a life interest and names a remainderman to receive the property upon the grantor’s death. However, the Lady Bird Deed is “enhanced” with a reservation of powers1 by the grantor which generally includes the ability to sell or otherwise dispose of the real property without anyone else’s consent.2 Provided the grantor takes no subsequent action (e.g., sale, transfer, conveyance, or gift of the real property), then the real property will automatically transfer to the remainderman upon the grantor’s death without probate just like a traditional life estate deed.3 While the Lady Bird Deed offers great benefits,4 there are considerations that clients should be made aware of before using the Lady Bird Deed: • Homestead property is subject to the devise and descent restrictions where there is a surviving spouse or minor child. “If the life tenant is survived by a spouse or minor child, deeds from all of the heirs of the deceased life tenant may be required to convey marketable title.”5 In this situation where there is a surviving spouse or minor child, it may necessitate a probate to establish the real property as homestead and implement the proper rules for descent of the homestead property.

• Lenders may be uneasy to lend or refinance on property with this type of deed. This is due to concern about their ability to enforce the loan after a grantor’s death.

Generally, this issue is handled by executing a new deed whereby the grantor conveys 100% ownership to himself (no remainderman), proceeding with financing transaction, and then executing a new Lady Bird Deed.

• Some title insurance companies are uncomfortable insuring title when a property has a Lady Bird Deed in its history. If this occurs, then the remainderman may need to shop around to find a title insurer that is comfortable providing title insurance for the property.

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• Homeowners insurance policies may not provide extended coverage to the remainderman after the grantor’s death.6 Therefore, to avoid a gap in coverage (from the time of death to the time the remainderman takes out a new policy of their own) it is strongly recommended that the grantor add the remainderman as an additional insured under the homeowners policy.7 • The safest method to change the remainderman (add, or remove, or modify in any way) without their participation is a two-deed process. The first deed conveys 100% ownership back to the grantor8 and the second deed makes the new desired conveyance of the property.

• However, in spite of the clear language contained in the deed, some title insurance companies may still be reluctant to insure title on the property without the joinder of the original remaindermen. This may cause some delay but usually can be remedied by shopping around for a title company that is comfortable with the transaction.

Joseph M. Percopo, Esq., LL.M., Mateer & Harbert, P.A., practices estate and trust planning, estate and trust administration, asset protection, business, and tax law. He has been a member of the OCBA since 2012.

The language used for the reservation of powers is critical for the successful use of the Lady Bird Deed and therefore must be carefully drafted. See Insuring Title Out of Enhanced Life Estates, Benjamin T. Jepson, The Fund Concept (October 2016).

For example language see Joseph M. Percopo, Lady Bird Deed: An Inexpensive Probate Avoidance Technique, Florida Bar Real Property, Probate & Trust Law Section ActionLine (Spring 2020).

2 If homestead property it would still require the consent/participation of any spouse of the grantor. See Unif. Title Standard § 6.11 (problem 2 and Comments) (Fla. Bar Real Prop., Prob. & Trust Law Section 2021), available at https://www.rpptl.org/ uploads/UTS%20Updated%203.30.2021.pdf (last visited May 19, 2021).

3 See generally id. §§ 6.10 & 6.11.

4 Such as the ability to maintain homestead creditor protection, homestead tax benefits, and a fair market value date of death tax basis in the property. For a more detailed discussion see Joseph M. Percopo, Lady Bird Deed: An Inexpensive Probate Avoidance Technique, Florida Bar Real Property, Probate & Trust Law Section ActionLine (Spring 2020).

5 Benjamin Jepson, Enhanced Life Estates Are Now Standard Practice, Fla. Bar Real Prop., Prob. & Trust Law Section ActionLine (Fall 2020).

6 See Strope-Robinson v. State Farm Fire and Cas. Co., No. 20-1147, 2021 WL 406915 (8th Cir. Feb. 05, 2021)(a grantor used a revocable transfer on death deed with his home. After his death his ex-wife set fire to the house. The remainderman filed a claim under the homeowners insurance policy but was denied coverage. The court agreed with the insurance company and concluded that the insurance policy only named the grantor as the insured and his insurable interest disappeared upon death.).

7 This is also a good idea when real property is being transferred into a trust.

8 Referred to as a “divestment deed” and such deed should clearly state the intent to divest the remainderman of their interests. See Joseph M. Percopo, Lady Bird Deed: An Inexpensive Probate Avoidance Technique, Fla. Bar Real Prop., Prob. & Trust Law Section ActionLine (Spring 2020).

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Legal Aid SocietyTeaching Tips

T

GALs, Take Note: School Discipline is Swift But Not Necessarily Permanent

hanks to modern social media, you may have seen several forms of school discipline take center stage throughout the state. While school is a safe haven for most, children in the dependency system take emotional baggage, fears, and the residue of emotional lapses into the classroom with them each day. Every Orange County Guardian ad Litem (GAL) knows the trauma of childhood abuse, abandonment, Hannah N. Farber, Esq. and neglect has an extensive impact on a child’s physical, emotional, and educational well-being.

Child maltreatment not only affects academic performance, but also results in problematic behaviors at school. These non-academic behaviors may include aggression, off-task behaviors, and inadequate social skills.

Abused and neglected children are more likely than their peers to receive school discipline referrals, suspensions, and expulsions. I have participated in the discipline process for many dependent children who have received referrals for very serious offenses, including fights, drug possession, and threats of harm. One child, “Jane,” was a 12-year-old middle school student who threatened to “shoot up her school.” This kind of threat may be grounds for expulsion. The school reviewed the allegations, obtained witness statements, and conducted an investigation to assess the level of the threat. Jane had recently moved to a new group home and had only been enrolled in this school for a few days. Jane explained to me that she was so overwhelmed by her recent life changes and made these threats hoping for a suspension just to have a few days off to cope. At the discipline team meeting, it was determined that Jane was unlikely to carry out this threat, did not have access to weapons, and did not pose a danger to the school. Jane’s mental health history supported this conclusion; however, the school district has a zero-tolerance policy against this type of threat. Jane was expelled for one year and placed at an alternative school in the district. After successful completion of a year in alternative school, Jane was able to return to mainstream school.

Jane and other dependent children are in distress. Their behaviors stem from a turbulent home environment and a lack of appropriate coping skills. Despite experiencing trauma and pain, every student deserves protection, and their actions have consequences.

This article will provide an overview of school disciplinary procedures to assist GALs with their advocacy of dependent school-age children. GALs play the critical, life-changing role of ensuring our dependent children in trauma receive the help they need while also making sure their poor choices do not derail the rest of their lives.

Florida law provides discretion to individual school boards to determine disciplinary procedures for their districts. Each county develops a Student Code of Conduct that outlines levels of disciplinary offenses and the respective potential consequences. Discipline cases generally begin when school faculty or staff write PAGE 12

a referral when a student is alleged to have violated the Student Code of Conduct. School staff and administration may conduct an investigation to determine whether the alleged misconduct occurred, which can include interviewing students and obtaining witness statements. After the investigation is completed, school administration will determine whether there has been a violation of the Student Code of Conduct. The level of the violation determines the appropriate consequence. For minor acts of misconduct, consequences may include verbal reprimand, counseling, withdrawal of privileges, and detention.

More serious acts of misconduct may result in suspension. A goodfaith effort to provide immediate telephone notice to the student’s parent or guardian is required. Each suspension and the reasons for suspension must be reported in writing within 24 hours to the parent or guardian by U.S. mail. In-school suspension means the temporary removal of a student from the student’s regular school program and placement in an alternative program, under the supervision of district school board personnel, for a period not to exceed 10 school days. § 1003.01(5)(b), Fla. Stat. (2020). Out-ofschool suspension means the temporary removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities, except as authorized by the principal or the principal’s designee, for a period not to exceed 10 school days and remanding of the student to the custody of the student’s parent with specific homework assignments for the student to complete. §1003.01(5)(a), Fla. Stat. (2020).

According to the Orange County Public Schools’ Code of Student Conduct, the most serious of offenses are grounds for expulsion and generally results in an immediate 10-day suspension while school administration determines whether to recommend the student’s expulsion. Some of these most serious offenses include alcohol use or possession, drug use or possession, arson, battery, serious physical attacks, threats/intimidation to a person, threats to the school, sexual assaults/battery, sexual harassment, firearms/ weapons possession, major disruption on campus, and vandalism. The school must schedule a discipline team meeting which is overseen by an area administrator and will include faculty and staff including teachers, guidance counselors, deans, administrators, and the principal or vice-principal. At this meeting, the area administrator will determine whether there are sufficient grounds to verify the offense and whether the student will be expelled. If expulsion is recommended, the expulsion may be from the entire school district or the student may be placed at an alternative school for a specific time. After that time, the student will generally be allowed reentry into their traditional school. An expelled student has a right to appeal this decision and may request an administrative hearing. If the decision to expel is upheld at the administrative hearing, the student may request an additional review by the school board.

Student discipline is often a quick process and there are specific timelines in recommending suspension and expulsion and in deciding whether to appeal an expulsion. This demonstrates the importance of the GAL in receiving information about their depen-

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Legal Aid SocietyWhat We Do...

Turning the Key on Lockouts

F

or the past year, I have served as a housing attorney for the Legal Aid Society of the Orange County Bar Association, Inc. (“Legal Aid”). Entering the world of Florida housing law while representing low-income tenants can be difficult at any time, but it is incredibly challenging during a pandemic. The spread of COVID-19 led to a mercurial state of affairs in housing across the nation, and most Camilo Parra, Esq. recently to the CDC order temporarily halting residential evictions.

One notable consequence of these CDC protections for tenants has been the rise in self-help evictions. Section 83.67, Florida Statutes, outlines what types of activities landlords are strictly prohibited from engaging in. For each individual violation, a landlord who engages in such acts is liable to the tenant for the greater value between actual damages, consequential damages, or three months of rent, plus costs (including attorney’s fees). These prohibited acts include preventing a tenant from gaining reasonable access to the property, removing a tenant’s personal belongings from the property, interrupting utility services, or removing doors or windows from the property. Below are the most noteworthy examples for each type of violation that the Legal Aid has encountered since March of 2020.

One such case was an elderly tenant who goes by “M.J.” She had been renting a room in a single-family home which had been divided and rented out to seven other strangers. These eight unacquainted tenants were packed into the property like sardines, but M.J. was fortunate enough to have her own bedroom with a door that locked. Due to the pandemic, M.J. lost her job and fell behind on rent. Unable to use the courts to expeditiously remove M.J. from the rental property through an eviction action, the landlord removed M.J.’s bedroom door from the rental property and put a lock on the kitchen cabinets containing M.J.’s food items.

M.J. reached out to Legal Aid because she felt vulnerable and exposed without a bedroom door, choosing to sleep in her car where at least she could lock the doors for her safety. We reached out to the property owner in good faith to educate her and respectfully request that M.J.’s bedroom door be replaced and access to her food restored. Unfortunately, the property owner could not be reasoned with, and she instructed us to “do what we have to do.”

So we did. An Emergency Motion for Injunctive Relief was filed and granted in favor of M.J. When the property owner received a judge’s order instructing her to replace the bedroom door, restore M.J.’s access to her own food, and refrain from engaging in further prohibited practices, she reluctantly complied. M.J. was able to vacate the property on her own terms while keeping a clean eviction record.

Next came an elderly gentleman who goes by “W.J.” W.J. brought an unauthorized occupant into the property he was renting. In addition to siphoning money from W.J., which led to him falling behind in rent, the unauthorized occupant began to cause disturbances on the rental property, resulting in multiple visits from the police. W.J. came to us when the eviction for noncompliance with the terms of his lease was filed against him. By his own admission, W.J. ignored a notice from his landlord instructing him to remove the unauthorized occupant or risk being evicted. W.J. was without any legal defense to this eviction action, and it was only a matter of time before he would be removed through proper legal procedures. W.J. understood and began to prepare for the worst.

Days later, while the eviction case was still pending, W.J. reached back out to us because he had been locked out of the rental property and could not access any of his personal belongings. I immediately contacted the property owner and explained the nature of prohibited landlord practices under section 83.67. Fortunately, this property owner was reasonable. We were able to negotiate the return of W.J.’s personal belongings, the dismissal of the eviction action, and the release of W.J.’s liability for the unpaid rent in return for not pursuing three times the rent for the self-help eviction.

During a sweltering Florida day, we received a call for assistance from an elderly, disabled veteran named “A.L.” A.L. was renting a property that just changed ownership. As often happens, the new owner was unaware there was a tenant on the newly purchased property during the sale. When the new owner discovered that A.L. was a tenant, he decided the fastest way to remove him from the property would be to “sweat” A.L. out of the property. The new owner had the utility services discontinued. When A.L. attempted to call the service provider to have them restored, they told him they could only do so at the direction of the new owner unless A.L. could come up with a deposit and open a new account under his own name. A.L. spent the night using a battery supplied by his neighbor to run a ventilator which he needs to breathe properly through the night and called Legal Aid first thing in the morning. As always, we began by reaching out directly to the property owner. Unfortunately, the property owner refused to take any responsibility for his actions. A follow-up email was sent to the property owner warning that legal recourse would be sought if the utilities were not restored by the end of the day. That same night, A.L. contacted Legal Aid to inform us that the utilities had been restored. A.L. soon after terminated his month-to-month tenancy and vacated the rental property for a safer housing arrangement.

Sometimes all it takes is a phone call or email. Other times we must go the distance and wield the law as both sword and shield in defense of others. It is these kinds of cases that encouraged me to join Legal Aid, and it is these kinds of issues that motivate me to grow as a litigator and advocate day-by-day, one case at a time. Right now, as I write this article, thousands of our fellow hard-working, proud, friendly neighbors are experiencing a housing crisis. As my colleagues at Legal Aid helped me learn the law, I am here to help you swiftly amass the knowledge to handle a continued page 24

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PAGE 13

2021-2022 OCBA Executive Council

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2021-2022 Legal Aid Society of the OCBA Board of Trustees 2021-2022 OCBA Young Lawyers Section Board

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theBriefs July 2021 Vol. 89 No. 6

2021 OCBA Gala & Installation Ceremony Casino Royale May 22, 2021 Rosen Shingle Creek

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Gala Chairs – Alisia Adamson Profit Keshara Cowans Stephanie Alcalde

OCBA Paralegal Section President April Phillips

Kristopher Kest Alisia Adamson Profit Brandon Sapp

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ParalegalPost Administrative Professionals Day

I April Phillips, FRP

n 1952, U.S. Secretary of Commerce, Charles Sawyer, declared June 1-7 as National Secretaries Week. Secretaries Day was first observed that same year on June 4th. The day recognizes the hard work of secretaries, administrative assistants, and other administrative support professionals. In 2000, the name was changed to Administrative Professionals Day/Week and is now celebrated the last week in April.

On April 21, 2021, the Paralegal Section of the Orange County Bar Association celebrated Administrative Professionals Day at World of Beer in downtown Orlando. This was our Section’s first social happy hour in more than a year. We would like to thank everyone who attended along with a huge thank you to our sponsor, Milestone Reporting Company.

April Phillips, FRP, is a Florida Registered Paralegal and is the President of the OCBA Paralegal Section for the 2021-2022 term. She works in the area of Family Law and has been an OCBA member since 2013.

Cori Maldonado, Tina Farrington

April Phillips

Milestone Reporting – Asima Choudhury, Jody Prolat, Evelyn Quintana, Atalie Gomez PAGE 18

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Voluntary BarNews SideBar

O

ur voluntary bar association members couldn’t be happier with the return of in-person events. It is so nice to start seeing everyone in person again and to be able to work together to achieve great things for our community. Here is a glimpse at what our voluntary bar associations have been busy doing to get back to “normal” and hopefully put this pandemic behind us once and for all.

Alena V. Baker, Esq. ABOTA – Central Florida Chapter

The Central Florida Chapter of the American Board of Trial Advocates (ABOTA) held its first 2021 member s h i p meeting on May 5, 2021, at the Country Club of Orlando. The program focused on the current state and the future of civil jury trials in L to R - Judge Lisa Davidson (former 18th Circuit Chief Central FlorJudge), Judge John Jordan (Ninth Circuit Civil Administrative Judge Orange County) and Judge Margaret Schreiber ida. ABOTA was honored to (Ninth Circuit Administrative Judge Osceola County) have the Ninth Circuit’s Civil Administrative Judge John Jordan, the Ninth Circuit’s Osceola County Administrative Judge Margaret Schreiber, and the Eighteenth Circuit’s Chief Judge Lisa Davidson as program speakers.

In addition to the program, ABOTA welcomed and introduced their newest members, and honored the passing of member Gordon “Stumpy” Harris. The Central Florida Chapter of ABOTA has also launched its own website thanks to the hard work of member Jim Powers, Treasurer, and his assistant, Debbie Korfmacher. The website can be found at https://cflabota.org.

ABOTA continues to work on developing its Children’s School Reading Program (thanks to Past President Armando Payas), resuming its Civility Matters Program (thanks to the Honorable James Edwards), exploring a mentorship program (thanks to President-elect, Raul Alvarez), and resuming the Seventh Amendment Symposium for selected high school students (thanks to members Tony Caggiano and Judge John Jordan).

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Planned future programs and meetings include their annual judicial luncheon as well as a membership meeting with author and retired United States District Court Judge Richard Gergel as the scheduled speaker.

The George C. Young American Inn of Court The George C. Young American Inn of Court passed the gavel at its final virtual meeting on May 18, 2021. Group 7 – comprised of the Honorable Embry J. Kidd, U.S. Magistrate Judge; the Honorable Kevin Weiss, Ninth Circuit Judge; the Honorable Thomas Mihok, Ninth Circuit Judge (retired); Charles Greene; Jill Schwartz; Gene Shipley; Nicolette Vilmos; Kaley Austin-Aronson; Michael Barber; Michele Mary Bernard; Nathan Hill; Jennifer Karr; Christopher O’Brien; Divinne Smith; and Olivia Share – finished the Inn’s theme “The Art of ” with The Art of Effective Advocacy. The presentation covered effective advocacy advice learned during the pandemic that should carry forward even after COVID subsides.

The presentation focused on using PowerPoints during trials as well as the differences in voir dire, evidentiary rules, summary judgment, and impeachment between federal and state courts. Many thanks to the Honorable Margaret Schreiber who led the organization through the pandemic and passed the gavel onto incoming president Roger B. Handberg. Judge Schreiber expertly navigated the membership through a difficult year and left big shoes to fill for all presidents to come. Many thanks to the Reporting Committee, who covered all meetings and provided pictures and contents to various publications. The workhorses of the committee were Rebecca Hameroff, Jennifer Smith Thomas, and Taira Towne.

Greater Orlando Asian American Bar Association Discussions of difficult situations such as racism, hate, and xenophobia aren’t always comfortable. To bring change and awareness, tough discussions are oftentimes necessary. On April 28 the Coalition of Florida APIA Affiliates united to host the Onchantho Am, Karen King, Ashley Combating Hate, Racism, Washington, Zarra Elias, Viv Dietrich, Manjusha P. Kulkarni, Susana Mapu, and Xenophobia Against Bernice Lee Asian Americans and Pacific Islanders Panel. The event was moderated by GOAABA’s very own President, Onchantho Am (who is also Vice President of Quality

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theBriefs July 2021 Vol. 89 No. 6

Cuc Foshee and Liz McCausland

Onchantho Am, Kimberly James, Shally Wong, Dr. Hefang Lin, Anh Volmer

and Chief Legal Officer of IMPOWER) as well as Bernice Lee, of counsel with Kozyak Tropin & Throckmorton and Past President of the APABA of South Florida.

In honor of Mental Health Awareness Month and Asian American Pacific Islander Heritage Month (AAPIHM), GOAABA hosted a bonsai night on May 20, 2021.

GOAABA wants to give special thanks to The Florida Bar Young Lawyers Division for the generous support and grant to host this sensai health challenge. GOAABA members received a complimentary bonsai kit. GOAABA Treasurer, Scott Leitner, led the discussion with Meredith from Emergent Creations.

GOAABA members had a great time attending the OCBA Gala on May 22, 2021.

In honor of AAPIHM, GOAABA President Onchantho Am wore a traditional Cambodian outfit. Past President Lisa Gong Guerrero was also recognized with

Lisa Gong Guerrero, Onchantho Am, Leia Leitner, Annie Kwong, Judge Denise Beamer, Judge Jeanette Bigney, Judge Elizabeth Starr

theBriefs July 2021 Vol. 89 No. 6

the OCBA Outstanding Executive Council Member Award.

The Central Florida Association for Women Lawyers

Maureen Dinkins of YogaMix Zoom photo, top row: Mary Walter, Nicolette Kramer, Ashley Wright; Middle row: Maureen Dinkins, Mallory Widgren, Heather Meglino; Bottom row: Chrissie Scelsi

In honor of The Florida Bar Young Lawyers Division’s Health & Wellness Month, CFAWL members re-centered themselves by enjoying some “WindDownWednesday” meditation. Maureen Dinkins of YogaMix guided participants through a relaxing yoga session.

In honor of Asian Pacific American Heritage Month, CFAWL collaborated with GOAABA for a cooking event. Liz Foshee McCausland, aka “The Mediator” and her mother Cuc led a virtual class on the art of making summer rolls. During this event, www.orangecountybar.org

Liz and her mother shared personal stories of Cuc’s experiences in Vietnam and how she has influenced the local community here in Orlando’s “Mills 50” district.

In celebration of Mother’s Day, CFAWL featured parent-daughter duos in its member spotlight and hosted a lunchtime afternoon tea that included a panel discussion about enjoying life and the practice of law.

Dynamic parent-daughter panelists Dottie McMichen and Melanie Demps; Meena Hirani and Arti Hirani; and Larry Smith and Jen Smith Thomas shared what it is like to work together while navigating the balance between family and co-workers.

CFAWL kicked off June with a virtual luncheon featuring Florida House Representative Anna Eskamani. CFAWL also organized an intergalactic remote rendezvous for their friends held at the Space Coast in Brevard County. Members heralded advancements in space and heard from authors Quinn and Linsey Ryan about their new children’s book, Clark After Dark.

CFAWL closed out the month by toasting its members at a garden party celebrating the big and small accomplishments made by members and honoring CFAWL annual award recipients.

Also in June, the new CFAWL board met for an all-day retreat to plan events for the upcoming year. CFAWL’s new President, Heather Meglino, was sworn in on July 9, 2021, at CFAWL’s first in-person luncheon since spring 2020. Heather’s theme for the year is “We Got This,” and as CFAWL transitions back to in-person events, it looks forward to encouraging one another and re-connecting with friends and members in person. #CFAWLWeGotThis.

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

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Congratulations to Members of the OCBA’s 100% Club Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 245.

20 or More Members

Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Marcus & Myers, P.A. 10-19 Members McMichen, Cinami & Demps PLLC Colling Gilbert Wright & Carter, LLC McMillen Law Firm, P.A. Fisher Rushmer McShane & McShane Law Firm, P.A. Legal Aid Society of the Orange County Bar Meenakshi A. Hirani, P.A. Association, Inc. Men’s Divorce Law Firm Marshall, Dennehey, Warner, Coleman & Goggin Morgan, White-Davis & Martinez, P.A. McDonald Toole Wiggins, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. 2-9 Members Anderson & Ferrin, Attorneys at Law, P.A. N. Diane Holmes, P.A. Artemis Family Law Group, PLLC O’Mara Law Group Arwani Law Firm Page & Eichenblatt, P.A. Aust Law Firm Perez LaSure, LLC Barrister Law Firm, P.A. Rebecca L. Palmer Law Group Barry Miller Law Sawyer & Sawyer, P.A. Beshara, P.A. Schwam-Wilcox & Associates Carr Law Firm, P.A. SeifertMiller, LLC Compass Law Shannin Law Firm, P.A. Cullen & Hemphill, P.A. Stovash, Case & Tingley Davey Law Group, P.A. Tangel-Rodriguez & Associates DeCiccio & Johnson The Aikin Family Law Group Dellecker Wilson King McKenna Ruffier & Sos, LLP The Arnold Law Group Divine & Estes, P.A. The Brennan Law Firm Fassett, Anthony & Taylor, P.A. The Elder Law Center of Kirson & Fuller Flammia Elder Law Firm The Fighter Law Firm, P.A. Forward Law Firm P.A. The Law Office of Michael L. Dear, PLLC Gans Law, P.A. The Llabona Law Group Gasdick Stanton Early, P.A. The Marks Law Firm, P.A. Giles & Robinson, P.A. The Skambis Law Firm GoodBlatt – Leo Warner & Warner, P.L. Green Family Law, P.A. West Family Law Group Hale, Hale & Jacobson, P.A. Wieland, Hilado & DeLattre, P.A. Harris Harris Bauerle Ziegler Lopez Wilson McCoy, P.A. Hilyard, Bogan & Palmer, P.A. Wooten Kimbrough, P.A. Hornsby Law Yergey & Yergey, P.A. Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

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The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

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Young Lawyers SectionNews YLS on the Move

S

orry for the doubletake if you’ve grown accustomed to seeing my headshot over on the Hearsay column – I’ve moved over a couple pages to report exclusively on what the Young Lawyers Section is up to as the new Communications Coordinator!

So I’m afraid you all are stuck hearing from me for a bit longer.

Enough about me though, let’s talk about YLS and our plans for Linnea M. Eberhart, Esq. the new year!

The YLS Board and Committee Chair Retreat was at Top Golf this year and in between some questionable golfing, we got to work on planning! Our goal this year is to begin hosting live events again in as safe a manner as possible. We respect and understand that many of you may still be uncomfortable with live events so we will continue offering many events in a hybrid live-virtual format as we begin this transition process. Please bear with as we move into this next wave of post-COVID life!

This past month is a great example of our new plan in action with a mix of live, virtual, and hybrid events to get the year started.

In light of the impact COVID-19 has had on our education system, our annual Wills for Heroes event recognized the heroic teachers of Orange County Public Schools who were some of the first to go back to work amidst much uncertainty to do what they do best and both educate and comfort students in a year fraught with much upheaval. Our dedicated team of estate planning volunteers were able to provide our OCPS teacher heroes with free, virtual estate planning services as a small token of our apprecia-

YLS Board and Committee Chair Retreat

tion for all that they have done for our students and our community. Thanks to committee chairs Amber Williams and Linnea Eberhart for making sure we were able to once again offer this much needed service to our community.

On June 18, we were honored to welcome Steve Hardee, Senior Customer Engineer of Security for Microsoft, as our first luncheon speaker of the year. Mr. Hardee spoke on cyber security and threat management and gave us some valuable insight on best practices to minimize risk of unauthorized or malicious access of computer systems – something we all need to keep up to date on with the rise in virtual practice.

We also hosted our first big live event of the Steve Hardee year – the 2021 Young Lawyers and Law Clerks Reception! Judges, lawyers, clerks, and students were able to gather and catch up on the events of the past months and talk about plans for the future. Our thanks to committee chairs Celia Thacker Dorn and Stephanie Alvarez for taking on the challenge of getting us all out of our pajamas and away from video conferences for a few hours of socializing and networking.

And now for some shameless self-promotion! Please make sure to follow us on Facebook, Instagram, and Twitter for updates on upcoming events and photos of all the things we’ve been up to since the last issue of The Briefs. And if you join us at any of our events, don’t forget to tag us @ocbayls and #WeDoMore and #WeRiseAbove so that we can share in the love!

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.

Orange Center Elementary Book Fair

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Special

continued from page 9

That’s the absolute best part of volunteering at the Self Help Center – seeing a parent realize they will get some time with their child based on case facts; telling a tenant their landlord didn’t follow the statute so the renter will get the deposit back desperately needed to move themselves and their disabled adult child; and even warmly explaining to an elderly citizen that through a small claims action they have rights against a business that was paid but failed to provide the service.

I love what I do, and I appreciate that my colleagues and I have sworn oaths to protect those around us when they need us most.

What we do is not easy and we are needed to protect the fabric of the society we all enjoy. I sincerely hope that you will consider helping yourself and others at the Lydia Gardner Self Help Center.

Jessica D. Thomas, Esq. practices in the areas of family law, adoption and Guardian Ad Litem services. She is Chair of the OCBA Solo & Small Firm Committee and has been a member of the OCBA since 2012.

1 https://www.mycase.com/blog/2019/08/aba-2019-report-lawyer-demographicsearnings-tech-choices-and-more/ 2 https://www.pbs.org/newshour/nation/3-ways-that-the-u-s-population-will-changeover-the-next-decade#:~:text=The%20U.S.%20population%20today%2C%20at,just%20under%201.4%20billion%2C%20respectively.

Legal Aid SocietyTeaching Tips continued from page 12

Grow your practice and serve the community!

Join the OCBA Lawyer Referral and Information Service or Modest Means Program.

The LRIS referred 5,546 clients and generated more than $1.5 million in attorneys’ fees last year.

Visit https://www.orangecountybar.org/ for-attorneys/join-lawyer-referral-service/ to apply or contact candiced@ocbanet.org.

dent child’s educational issues in a timely manner. Maintaining frequent contact with the child’s caregivers, case managers, and other service providers will help in ensuring that, as GAL, you are notified of any referrals or school meetings with sufficient notice to advocate on the child’s behalf and to be included in the school discipline process.

What is important to remember is the Orange County GAL Program is with you at each stage of the disciplinary process. GALs provide such an invaluable context for the student, one which may make the difference in the child’s academic future well beyond the date of the incident.

For more information, please contact Hannah N. Farber, Esq., Legal Aid Society GAL Staff Attorney, at hfarber@legalaidocba. org, or (407) 841-8310. For more information on how to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development at 407-515-1850 or dhaynes@legalaidocba.org.

Hannah N. Farber, 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 2014.

Legal Aid SocietyWhat We Do... continued from page 13

housing crisis case. In two hours, you can save someone’s life. I hope these stories will inspire you, my fellow advocates, to take pro bono cases from Legal Aid and help us to stand up for the most vulnerable members of our community.

Legal Aid is a not-for-profit law firm. Camilo Parra has been a staff attorney with Legal Aid since March 2020. For more information, please contact him at cparra@legalaidocba.org. For more information on becoming a financial donor or helping with our fundraising efforts, please contact Donna Haynes, Development Director, dhaynes@legalaidocba.org, or by calling 407-515-1850.

Camilo Parra, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2020.

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theBriefs July 2021 Vol. 89 No. 6

OCBA MemberNews Hearsay Another candle on a cake, another month on a page. You blink, another year under the sun we all go ‘round. It’s hello and goodbye, it’s knowing that it’s flying away and there’s no way to slow it down. Instead of counting up the days, I just wanna make ‘em count.

– The Days, Hailey Whitters

M

ore than ever, last year and even this year have shown Michael V. Andriano, Esq. us that life is precious; it is a miraculous, cherished gift from above. We have hopefully learned that we must make each day count because tomorrow is uncertain. Having only one life commands that we enrich our own lives while also enriching others’ lives. Garnering relationships with others no doubt complements our own lives because we benefit from the support we receive and also from the support we provide. Be grateful, be kind, be a light, and be fierce in whatever endeavors you undertake while here on Earth.

That being said, here’s the latest from four members in Orange County’s legal community who are making each day count and making substantial career moves and contributions.

Honors and Awards Sancha Brennan, Esq., Managing Partner of The Brennan Law Firm, was named to the Executive Committee of the Real Property, Probate and Trust Law Section of The Florida Bar as Chair of Continuing Legal Education for the Probate and Trust Division.

She continues as Co-Chair of the Guardianship Law Revision Task Force.

Aizaz M. Chaudhary, Esq., recently joined the law firm of Winderweedle, Haines, Ward & Woodman, P.A. as an associate in the litigation section, focusing in the areas of health law, real property and commercial litigation, title defects, lender representation, and probate litigation.

Lan Kennedy-Davis, Esq., Partner at RumbergerKirk, has joined the Board of Directors for the Global Virus Network (GVN), a coalition of the world’s leading medical virology research centers working together to prevent illness and death from viral disease. GVN’s mission is to strengthen medical research and response to current viral causes of human disease and to prepare for new viral pandemic threats through support of cutting-edge research, public education, and advocacy.

Ryan E. Davis, Esq., shareholder with Winderweedle, Haines, Ward & Woodman, P.A., and chair of the firm’s Bankruptcy and Creditors’ Rights Department was recently a featured panelist at the nationally recognized 2021 Alexander L. Paskay Memorial Bankruptcy Seminar, sponsored by the American Bankruptcy Institute and Stetson University College of Law. The panel discussed several key and unique issues that have arisen in the national sampling of retail chapter 11 cases, including the effects of the COVID-19 pandemic.

In Memoriam Jeffrey Feulner, Esq., managing attorney at the Men’s Divorce Law Firm, passed away on May 31, 2021. Our deepest condolences to the Feulner family.

Leon Handley, Esq., past president of the Orange County Bar Association, 1963-1964, and member since 1962, passed away on June 9, 2021. Our deepest condolences to the Handley family.

Michael V. Andriano, Esq., is a Senior Judicial Law Clerk, Fifth District Court of Appeal. He has been a member of the OCBA since 2018.

Ne w M embe rs Regular and Government Lizet Brian Andrew ANKENY Debora ANTISDEL Bruce BURTOFF Kim M. CRAG-CHADERTON Darrin Macrae CHAMBERS Kaitlyn P. CHOMIN Leslie M. COULTER James S. DAVIS Lauryn Alexis DAY Nikolas S. DEAN Aaron E. EAGAN Mary R. FRITZ

theBriefs July 2021 Vol. 89 No. 6

Taiesa HEATH Michael R. HUCKLE Estefania LAURITA Brandon L. LAW Stephanie A. LISA Andrew T. McGARRELL Michael Anthony MENDOZA Anthony MERENDINO David M. MILTON Majeedah MURAD Ryan PETERSON Eloisa PINO Schammua POLICARD

Antoinette B. ROMANO Michael S. SCALA Jill M. SPEARS Lucas R. STAFFORD Meredith M. STEPHENS F. Paul TIPTON Olestine TURENNE Joseph E. L. ZWICK

Emeritus

Affiliate

Paralegal Student

Leesa L. BADLEY Luz M. MEDINA

www.orangecountybar.org

David SPERLING

Law Student Monik MARKUS Rebecca REYNOLDS Amy WATSON Shakina M. WILLIAMS Khadijah WRIGHT Amanda Jean CASQUEL Norma E. SUAREZ

Patron Katie Adele RAMOS PAGE 25

CLASSIFIED ADS EMPLOYMENT “AV-PREEMINENT” rated Winter Park law firm with statewide practice and extensive and established clients seeking an experienced Florida licensed attorney to handle significant real estate transaction matters. Experience in trust and estates, tax, and/or real estate litigation is a plus. Competitive compensation with significant bonus potential and excellent benefits, including 401K. Email resume to francesg@fishbacklaw.com.

AV RATED SMALL INSURANCE DEFENSE FIRM seeks 2-6 year attorney with civil litigation experience, trial experience is a strong plus.

Strong research and writing skills are required. Salary commensurate with experience.

Excellent benefits package available. Submit resume to ofcmngr98@gmail.com.

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and to use your research and writing skills to prepare for trial and to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes. com.

DOWNTOWN ORLANDO LAW FIRM (17 years) is seeking and attorney with 5+ years of Litigation experience for Plaintiff’s Civil cases. Federal Court experienced is preferred. Courtroom experience required. Option for Full or Part-time schedule. Send rePAGE 26

sume to: mailto: lawofficeorlando@gmail.com.

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load. Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@ gobelflakes.com.

HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial. Excellent salary and benefits package. Pls email resume to jean@hrkmlaw. com.

INSURANCE DEFENSE FIRM handling first-party property/ liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/ Fax/Mail resume to Office Manager jmccallister@rocklawpa. com, (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

SENIOR ASSOCIATE ATTORNEY WITH FAST TRACK TO PARTNERSHIP – Established DeLand law firm seeks Senior Associate with substantial knowledge of probate and guardianship matters, wills, trusts, and estate planning, elder law, real property transactions business and commercial law, civil litigation, and mediation. Please email

your application, resume, and writing samples to email@ delandattorney.com.

SMALL, ACTIVE ORLANDO TRIAL FIRM seeks ambitious, self-motivated attorneys with litigation experience. Superior research and writing skills required. Reply: lawfirmreplies@ aol.com.

SUPERVISING SENIOR TRIAL COURT STAFF ATTORNEY – Ninth Circuit Court. For details and application, visit: http://bit.ly/SupervisingSeniorTrialCourtStaffAttorney.

TRIAL COURT STAFF ATTORNEY – Ninth Circuit Court – For details and application visit: http://bit.ly/TrialCourtStattAttorney.

WINTER GARDEN-AREA PRODUCT LIABILITY DEFENSE FIRM with a national practice in amusement and motorsports industries seeks attorney with 2-3 years of experience. Strong research and writing skills required.

Experience with product liability defense a plus.

Must be able to work independently. Position may involve occasional short-term travel. Please provide cover letter, resume, and salary expectation to: admin@ rideelaw.com.

OFFICE SPACE DOWNTOWN ORLANDO – 228 HILLCREST STREET – office space perfect for solo attorney and staff. Three offices, reception area, shared use of a conference room. $1,600 per month, utilities included. Fantastic location, a short walk to the courthouse. Call Claudia 407-841-7699.

FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of

www.orangecountybar.org

parking. 515 N. Ferncreek Jim Sears 407-222-1554 jsearslaw@gmail.com.

LAW OFFICE RENTAL: 1643 Hillcrest Street, Two Miles from Courthouse, 1920’s Bungalow, Two Offices, Small Furnished Conference Room, Kitchen, Two Bathrooms, Oversized Reception. Approximately 1100 sq. ft. Call (321) 352-2016, sgmasonlaw@ gmail.com OFFICE SPACE FOR RENT PLUS SPACE FOR AN ASSISTANT $800/month. Located at 710 Vassar Street, Orlando, FL 32804 robert@buonauro. com.

OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites. Parking included. Call or email: John at 407-425-2907; jkk@keatlaw.com.

SINGLE OFFICE SPACE IN DOWNTOWN ORLANDO: Hovey Court, $550/month includes parking, conference room, and kitchen. Call 407.228.9522 or email andrea@maguire-eminentdomain.com.

TWO ADJOINING OFFICES can be rented furnished or unfurnished. Shared conference room. Phone and internet connections included. $800/month with minimum 12-month lease. Pictures will be provided upon request.

Contact Karl Burgunder at karl@cfbizlaw.com for more information. Contact Karl Burgunder at karl@cfbizlaw. com for more information.

theBriefs July 2021 Vol. 89 No. 6

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

Lunchtime Training • legalaidocba.org • Noon - 1:30 p.m.

July 13, 2021

July 27, 2021

August 10, 2021 August 24, 2021

2021 Family Law Legislative & Case Law Update Learn how new case law and recently passed legislation impacts our client population.

GAL – Advocating for Undocumented Minors Involved in the Dependency Court and Any Court Relief and Resources Learn how to advocate for minors involved in the dependency court with undocumented status and any court relief to help them gain protections and legal residency.

Where the Heart Is: Defending Against Mortgage and HOA Foreclosures

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

Learn how to identify and assert defenses to foreclosure actions, and where there is no defense how to mitigate the risk of losing one’s home.

GAL – Nurturing Our Newborns: Advocacy in Early Childhood Court Learn about Orange County’s BABY Court and tips for GAL advocacy.

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 2021 Vol. 89 No. 6

www.orangecountybar.org

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O C B A JULYC- AUGUST alendar JULY LAS Lunchtime 1 Training

Helping Clients to the Next Chapter –The Basics of Ch. 7 and 13 Bankruptcies Prerecorded • LAS website

OCBA Office Closed Independence Day

Criminal Law Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

Civil Rights Law Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

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Estate, Guardianship 13 & Trust Committee

Meeting 12:00 p.m. – 1:00 p.m.

ShuffieldLowman

LAS Lunchtime Training

2021 Legislative & Case Law Update Prerecorded • LAS website

Member Perks (In-Person Event)

Speaker: Kim Ashby 8:00 a.m. – 9:30 a.m.

OCBA Center

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Health and Wellness 21 Committee CLE

The Florida Mental Health Act (a.k.a. Baker Act) 12:00 p.m. – 1:00 p.m.

Virtual

22

OCBA Luncheon

Speaker: Terry Mohajir, Vice President & Director of Athletics, University of Central Florida 11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando Title Sponsor: Anthem Reporting

Appellate Law Committee Meeting 12:00 p.m. – 1:00 p.m.

Lowndes Law

YLS Luncheon 23 12:00 p.m. – 1:00 p.m.

Citrus Club

LAS Lunchtime 27 Training

GAL “Advocating for Undocumented Minors Involved in the Dependency Court and Any Court Relief and Resources” Prerecorded • LAS website

Judicial Relations Health & Wellness

Committee Meeting 28 Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

AUGUST

OCBA July Luncheon July 22, 2021

SPEAKER: Terry Mohajir, Vice President & Director of Athletics, University of Central Florida 11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando 191 E. Pine St., Orlando, FL 32801 RSVP by July 19, 2021 // orangecountybar.org/store

Professionalism

Social Security Committee Meeting Committee Meeting

12:00 p.m. – 1:00 p.m. 12:00 p.m. – 1:00 p.m.

Virtual Virtual

Business Law

YLS Board Meeting Committee 5:30 p.m. – 7:00 p.m.

CLE Seminar Virtual

Commercial Insurance Appellate Law and Malpractice

Committee Meeting Insurance for Business 12:00 p.m. – 1:00 p.m.

Law Practitioners

12:00 p.m. – 1:00 p.m. Lowndes Law Virtual YLS Luncheon

12:00 p.m. – 1:00 p.m.

LAS Lunchtime

Citrus Club Training

Where the Heart Is: LAS Lunchtime Defending Against Training Mortgage and HOA

GAL “Nurturing Our Foreclosures Newborns: Advocacy in Prerecorded • LAS Early Childhood Court” website Prerecorded • LAS

Estate, Guardianship website & Trust Committee Health & Wellness Meeting Committee Meeting 12:00 p.m. – 1:00 p.m. 12:00 p.m. – 1:00 p.m.

ShuffieldLowman Virtual Criminal Law OCBA Luncheon Committee Meeting

Speaker: TBD 12:00 p.m. – 1:00 p.m. 11:30 a.m. – 1:00 p.m.

Virtual Embassy Suites by Hilton Downtown

Civil Rights Law Orlando Committee Meeting 12:00 p.m. – 1:00 p.m. Title Sponsor: (TBD) Virtual

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12:00 p.m. – 1:00 p.m.

Virtual Please note that live OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.

Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr Juna Pulayya • Lorna Truett • Andrew Windle Hon. Tesha Ballou • Susan Staggs • Mark O’Mara

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theBriefs July 2021 Vol. 89 No. 6

PRSRT STD U.S. POSTAGE PAID ORLANDO, FL PERMIT No. 2530

880 North Orange Avenue Orlando, Florida 32801

UNITY IS STRENGTH. Let’s Collaborate.

Tony Sos Attorney

A Referral Based Personal Injury Firm dwklaw.com | 407.244.3000 | asos@dwklaw.com