Issuu

Elizabeth F. McCausland, Esq. OCBA President 2017-2018

Wiley S. Boston, Esq. OCBA President 2016-2017

Inside this Issue: President’s Message Pulse: Rising to the Challenge Elizabeth F. McCausland, Esq.

June 2017 Vol. 85 No. 5

Professionalism Committee Remarks upon Receipt of the 2017 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Karen L. Persis, Esq.

Diversity & Inclusion Committee Humanity Through Horror: Looking Back at Pulse Larry D. Smith, Esq. Presentation of OCBA’s Law Week Liberty Bell Award C. Andrew Roy, Esq. Jessica A. Travis, Esq.

March 2016 Vol. 84 No. 3

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theBriefs June 2017 Vol. 85 No. 5

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PAGE 1

Contents 3

President’s Message Pulse: Rising to the Challenge Elizabeth F. McCausland, Esq.

Special onePULSE Foundation Established

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

Professionalism Committee Remarks upon Receipt of the 2017 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Karen L. Persis, Esq.

Associate Editors C. Andrew Roy, Esq., Catherine “Kate” Hollis, Esq. Special Feature Presentation of OCBA’s Law Week Hearsay Columnist Liberty Bell Award Vanessa A. Braga, Esq. C. Andrew Roy, Esq. YLS on the Move Jessica A. Travis, Esq. Jennifer A. Smith, Esq.

20-22

OCBA Law Week Luncheon

OCBA Installation Luncheon

Clerk’s Corner Clerk’s Office Remembers All Affected by Pulse Tragedy Tiffany Moore Russell, Esq.

OCBA 13th Annual Texan Hold ‘em Charity Poker Tournament

YLS on the Move Jennifer A. Smith, Esq.

Board of Governors Report Report from The Florida Bar Board of Governors Mary Ann Morgan, Esq. Paul L. SanGiovanni, Esq. Wayne L. Helsby, Esq.

Judicial News Investiture of The Honorable Alan Lawson

Judicial News William Wieland Workers’ Compensation Inn of Court Honors Retired Justice James E. C. Perry

Diversity & Inclusion Committee Humanity Through Horror: Looking Back at Pulse Larry D. Smith, Esq.

Hearsay Vanessa A. Braga, Esq.

Legal Aid Society In Remembrance of the Pulse Nightclub Tragedy

Paralegal Post “Even the best laid plans...” Wendy Spitler Toscano, Esq.

Legal Aid Society What We Do... John Dierking Receives the Legal Aid Society’s Judge J.C. “Jake” Stone Distinguished Service Award Catherine A. Tucker, Esq.

New Members

w OFFICERS Elizabeth F. McCausland, Esq., President Richard S. Dellinger, Esq., President-elect Mary Ann Etzler, Esq., Treasurer LaShawnda K. Jackson, Esq., Secretary w EXECUTIVE COUNCIL Amber N. Davis, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Wiley S. Boston, Esq., Ex-officio Keshara D. Cowans, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Marketing & Sponsorship Manager Amanda Nethero

Announcements

Legal Aid Society 2017 Honor Roll Florida Supreme Court Honors Orange County Attorneys

Classifieds

40 Calendar

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

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

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

theBriefs June 2017 Vol. 85 No. 5

President’sMessage

June 2017 I Elizabeth F. McCausland, Esq.

theBriefs June 2017 Vol. 85 No. 5

Pulse: Rising to the Challenge

n the early morning hours of June 12, 2016, the unthinkable happened in our hometown. Forty-nine innocents were killed. Many others were hurt physically and or emotionally. Our city, known for Disney and theme parks, became known for something else. Something atrocious and gut-wrenching. Something that has forever changed the landscape of Orlando. We as residents had to choose a path in its aftermath, and Orlando chose to unite in love. Do you remember where you were when you heard the news? I do. I think I will always remember – much like news of the Challenger explosion and 9/11. It will forever be indelibly imprinted in my memory. I was in a hotel room in West Palm Beach with two other friends, who were also lawyers. We had stayed up late for a Journey concert singing “Don’t Stop Believin’ ” at the top of our lungs. We were to wake up the next morning and have breakfast with now president-elect of The Florida Bar, Michelle Suskauer, Esq. I got a phone call that I ignored because it was early and I didn’t want to wake my friends. Then I got a text from the same person. “Are you OK?” read the text. It was a friend I had met through another lawyer whose job with the government was to listen for ISIS chatter on the Internet and look for anything brewing or threatening. He had heard nothing to allude to the deadliest mass shooting on American soil. By the time we made it back to Orlando, the lines at the blood bank were long. People I knew who may have been at Pulse were safe but still trying to find out about people they knew. Everyone was looking for a way to help. That is when I called the OCBA’s then-president, Wiley Boston, Esq. He was picking up his kids from summer camp and returning to a city that was forever changed. We exchanged pleasantries and very soon added executive director Kim Homer to the call. We began drafting a condolence email to our members and discussed whether bar events or meetings needed to be cancelled out of respect. On a broader level, we began trying to determine what we, as a bar, could do to help.

We were not first responders. We could not heal wounds. As lawyers, however, we are uniquely qualified to do one thing that no one else can do. We can provide legal representation to those who need it in their deepest, darkest hours. We can lift a burden and help in ways that many others cannot. And so it began. By the next morning, the OCBA sent an email stating that our thoughts were with the families and that, as a group, we wanted to unite thought with action. The email informed all of you that we were mobilizing to help all those affected. We do not rise to the level of our expectations. We fall to the level of our training. –Archilochus, Greek soldier, 650 BC Sometimes in life people wonder what will happen when the chips are down. Will we rise to the occasion or will we falter? Will red tape and processes bog down intention or will action prevail?

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ProfessionalismCommittee

I Karen L. Persis, Esq.

Remarks upon Receipt of the 2017 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

am embarrassed to say that I did not know much about Mr. Mathews. He passed away before I started practicing law. I tried to research him online, but was met mostly with information about the previous award winners, and while you all are great, that wasn’t exactly the information I needed. I found his close friend and law partner, Lilburn Railey. I had the opportunity to speak with Mr. Railey about Mr. Mathews, and I was excited to learn that he, too, was a Gator fan. He was brilliant. He was an SAE at Florida. A Vietnam vet. He had a family. He was a lawyer’s lawyer. A great mentor. And he was involved in the Bar – locally as president of the YLS and OCBA, but also with the Board of Governors and the Board of Bar Examiners. He was a people person. Knew everyone, was friendly with everyone. He loved to talk, and could talk about nearly any subject with authority. And he was taken from this earth far too young. He sounds like the type of lawyer and human being that any one of us would want to have as a colleague, opposing counsel, a mentor, or a friend. I already considered receiving this award to be an honor. But after learning about Mr. Mathews, I am terribly humbled to receive a Young Lawyer Professionalism Award named after him. I want to thank my family for always being supportive of the path I have chosen to take, as I generally do not take the easiest, least stressful one. Ever. My husband, John, who is always there for me, and my son, Jack, who has truly tested my limits of patience in unimaginable ways this past year, but has also given me a different perspective on life and love that only a child can. And I want to thank my friends – many of whom are in this room – for not just being my friends, but also frequently serving as mentors. And that’s the thing about lawyering isn’t it? We really cannot do it alone. Or at least, we shouldn’t. It’s hard. Not just subject-matter hard. The daily grind of being an attorney. The expectations, the requirements – that the Bar has of us, the court has of us, our clients and colleagues have of us, and that we even have of ourselves. Many attorneys work long hours, and even think about their cases and clients in their free time. I am sure that many in this room have even dreamt about a case or two. Or ten. Or twenty. For young lawyers, I think it can be even harder. Trying to find their way, establish a repu-

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tation or niche, often with law school debt in the six figures, jobs with mediocre salaries, too many attorneys fighting for the same work, and what seems like an incessant demand to market ourselves and also respond to clients. We work in a profession that is the butt of jokes. We often play the heels, nervous nellies, or slimy sidekicks, in the movies. We are repeatedly rated as one of the least trusted professions, and also one with some of the highest substance abuse rates. I know that we work tirelessly for our clients, and that many of us rarely hear a thank you. And I know we don’t do it for the thank-yous, but over time, that can still wear on a person. Barely a week goes by without a new study reporting high rates of career dissatisfaction amongst attorneys. Countless times lawyers have expressed their dissatisfaction with the practice of law in part because of the behavior of the opposing attorneys or their co-workers. The lack of civility. Do these lawyers lack civility because they are already miserable, or does the lack of professionalism and civility lead to their misery? I don’t know which came first; I just know that it is a cause for great concern. So much so, that the Florida Supreme Court had to revise the Oath of Attorney in 2011 to recognize, as the Court stated, “the necessity for civility in the inherently contentious setting of the adversary process.” Two years later, the Court approved local professionalism panels in each circuit to further address the lack of professionalism and civility of attorneys. I don’t have the answers to the other issues causing lawyer dissatisfaction. However, when it comes to the issue of civility, we are 100% of the problem. But, the good news is that we are also 100% of the solution. So, if we want to have long, healthy, balanced legal careers: Be Nice. I am not suggesting that we provide a less than zealous representation for our clients’ interests. I am not asking you to agree with everything opposing counsel says. I am not requesting we shy away from an argument or a tough conversation. We do not have to trade zealous advocacy for civility. In our heart of hearts, we know what behavior crosses the line. Zealous representation does not mean name-calling, screaming, lying, filing at the 11th hour or without notice or coordination of hearings, filing frivolous motions, or sending repetitive or harassing emails or phone calls. Do not be the reason the next lawyer joke is told. Do not have the next

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2017-2018



June 15, 2017 11:30 a.m.-1:00 p.m. The Ballroom at Church Street 225 South Orange Avenue, Orlando, Florida 32801

Join us for the installation of officers and board members of the Orange County Bar Association the Legal Aid Society of the Orange County Bar Association, Inc. the OCBA Foundation, Inc. the OCBA Young Lawyers Section and the OCBA Paralegal Section RSVP by June 12 through the OCBA Store Sponsored by First Green Bank, Orange Legal Litigation Support Services, LexisNexis

weasely, lying lawyer movie character drawn up in your image. It doesn’t matter that opposing counsel is behaving this way first and often, and you just want to retaliate. Throw in one little zinger. Get in one good tirade. File just one frivolous motion. Have the last laugh. If you give in and do it once, you will do it again. And again. And eventually, it is possible that over time, you become the very type of attorney that you despised. The same type of attorney that our community distrusts. You do this, and that opposing counsel you were trying to beat actually wins, because he will make you just as miserable and unprofessional as he is. We don’t deserve to live that kind of life. That attorney might never respond to you with the same civility you exercised to him. Hopefully, over time, he will change. But if not, at least he won’t take you down with him. We cannot let that happen. Attorneys acting without civility, beating each other down, and causing undue stress and anxiety to their opposing counsel and colleagues is nothing short of cannibalism. Practicing law is hard, and we need each other. No one knows more about the trials and tribulations of practicing law than theBriefs June 2017 Vol. 85 No. 5

your fellow attorneys. I encourage you to befriend them. Though we have matters against each other, it does not mean that we cannot stand together. Support one another. Lift one another up. Forging these positive relationships will help us maintain longevity in the profession and greater career satisfaction. So find your people. Your tribe. Your wolfpack. Your village. Whatever you want to call them. They can be your co-workers. I am a solo, so I have no co-workers, but I still have my people, so that’s no excuse. I have found my people through Bar activities – in fact some of the best lawyers you will ever meet, the people who will keep you sane, are the friendships you forge through the Bar. I have also found my people through working on cases as opposing counsel, and through relationships I have maintained from my past employment. Your people will serve as your mentors, and at times, your mentees. They are your sounding board for legal questions and ethical concerns. They may, sometimes, be your opposing counsel. They may also turn out to be referral sources. And yes, they will be the people to whom you vent about that miserable, unprofessional opposing counsel, so that you can express your frus-

tration without acting in retaliation. They will be there, for days like today, for the celebrations. And they will be there when the cases get tough and the decisions are hard. Your people are absolutely crucial to maintaining balance in the legal field. They will help you maintain your sanity and your civility. The practice of law is hard. There is no reason to make it harder on each other. We have the power to change this dog-eat-dog culture. Let’s honor Mr. Mathews’ legacy by fostering better relationships with our colleagues. This will, in turn, increase personal satisfaction with the practice of law and change the narrative and public perception about attorneys. I challenge you to do so. I have never seen a group of lawyers shy away from any challenge, so please do not let this be the first. Thank you for your time this afternoon. And please remember that in the practice of law: We can be tough. We can be diligent. We can be zealous. But we can also be nice. Karen L. Persis, Esq., Karen Persis, P.A., practices assisted reproductive technology law and adoption. She has been a member of the OCBA since 2005.

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Clerk’sCorner

Clerk’s Office Remembers All Affected by Pulse Tragedy

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

hat day in June a year ago when 49 lives were senselessly taken, I was just simply in shock and devastated. After all, I was born and raised here in Orlando, and I just couldn’t believe that such a terrible, hateful crime happened in my hometown. We made worldwide headlines for all the wrong reasons. But I wanted to try and be part of the effort to make sure a senseless, horrible attack would not define us. After that day on June 12, 2016, the Clerk’s Office came together to honor and remember the lives lost and to show support for the families of those injured by taking part in a “Keep Dancing” video. The goal of “Keep Dancing” was to show continued hope and encouragement for those affected by the tragedy. The video was part of a series of videos created by organizations all across Orlando and posted to the website www.keepdancingorlando.com. Viewers were encouraged to upload their own

videos and contribute to the OneOrlando Fund, which benefited those affected by the shootings at Pulse. With the assistance of our mascot, Slice, our staff came together for a good cause and it was an honor to be able to share it with our community. Through the Clerk’s Office United Way campaign last year, we also encouraged and had many staff who donated directly to the OneOrlando Fund through the United Way initiative. Eventually the slogans “Orlando Strong,” “Orlando Love,” and “Orlando United” spread across Central Florida, and that is what this community is all about. I am so proud of how our leaders and our citizens pulled together to show the world that compassion, love, and unity are what will prevail here. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

MARK YOUR CALENDARS

It’s Time to Update Your Photo for the OCBA Online

Membership Directory

RCL Portrait Design will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: Portrait Dates: July 10 - 28, 2017

An RCL representative will contact you in the near future to schedule an appointment. However, feel free to contact RCL directly at 800-580-5562 to schedule your sitting. All sittings are free of charge, and the photo you select for the Online Membership Directory will be published online at no charge. RCL will also take additional shots and provide you with an opportunity to purchase a photo package for your professional or personal use. We are pleased to bring you this free member service. RCL has produced professional portraits for more than 21 state and local bar associations and 22 medical facilities across the nation.

(For professional photos, appropriate dress is suggested. Ladies: a bold or bright colored long sleeved outfit. Gentlemen: a dark jacked and tie.) PAGE 6 www.orangecountybar.org

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Board of GovernorsReport

he Florida Bar Board of Governors met on March 24, 2017. The major actions of the board and reports received included: West Palm Beach attorney Michelle Suskauer, Esq., was announced as president-elect designate of The Florida Bar. Also decided in the voting, which ended March 21, were elections for The Florida Bar Board of Governors in the: 8th Circuit – Stephanie Marusak Marchman, Esq., Gainesville; 13th Circuit - Amy S. Farrior, Esq., Tampa; and 20th Circuit - Marcy L. Shaw, Esq., Fort Myers. Suskauer will be sworn in as president-elect at the Bar’s annual convention in Boca Raton on June 23, when current president-elect Michael J. Higer, Esq., of Miami becomes president, and will begin her term as Bar president in June 2018. The Florida Bar News covered these election results; earlier results for other board elections are listed in a Dec. 16 news release. As the Florida Legislature continues to meet in Tallahassee for the 2017 session, The Florida Bar is advocating positions including opposing term limits for judges at all levels, monitoring legislation of interest to the legal profession, and posting weekly summaries for Bar members and additional information at www.floridabar.org/ legislativeactivity. Business organizations have joined the Bar and other legal groups in opposing the proposed joint resolutions for term limits on appellate judges. The outlook on the state budget is that it will be lean, especially with predictions of a revenue shortfall for next year. The Florida Bar is working to ensure that the judicial system is adequately funded as directed in the Strategic Plan. The court’s 2017-18 state budget request is covered in the April 1 edition of The Florida Bar News. Additional legislative positions of the Criminal Law, Family Law, and Business Law sections were approved; advocacy by sections is wholly supported by the separate resources of the voluntary sections and must be conducted solely in the name of each section. A pilot project to test a real-time, browser-based solution for asset management and trust accounting to assist Bar members in complying with trust accounting rules, was approved. The pilot for the trust accounting solution, AddVantage, is set to begin around August 1. The trust accounting solution is specifically designed to automatically bring lawyers who enter information correctly in compliance with Bar rules 5-1.1 and 5-1.2, and would be free to Florida Bar members who

Mary Ann Morgan, Esq.

Paul L. SanGiovanni, Esq.

Wayne L. Helsby, Esq.

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Report from The Florida Bar Board of Governors

choose to use it. Through this proposed program, pooling trust account funds would also allow a higher interest rate and boost The Florida Bar Foundation’s IOTA income. The April 15 edition of The Florida Bar News (available online) provides more information on the AddVantage trust accounting solution pilot project and the benefits of the software. Two new Florida Bar member benefits were approved to be added to the more than 60 free or discounted benefits now available to members. Bar members will soon receive discounts on products and services purchased from Office Depot and Office Max and a discount for 360 BizVue, which optimizes search engine results. All member benefit programs, including free legal research through Fastcase, free CLEs through the Practice Resource Institute (“PRI”) and discounts on practice resources, legal publications and forms, travel, banking, shipping, and insurance, are listed at www.floridabar.org/memberbenefits. A report was given by representatives of a special committee on a proposed new Rule of Judicial Administration regarding granting continuances of court cases for parental leave. The rule would require that such continuances should be granted unless it would cause substantial prejudice to a party. The board will vote on the recommendation at its May 26 meeting. A notice of proposed board action requesting comments be submitted no later than May 15, 2017, is posted online and will appear in the April 15 Florida Bar News (available online the afternoon of April 10) along with complete coverage of the special committee representatives’ comments to the Board of Governors. The Florida Bar’s Florida Free Legal Answers online virtual legal pro bono project now has more than 370 Florida Bar members enrolled, and additional eligible volunteers are encouraged to participate. The website, launching to the public May 1, will provide an additional way for lowincome Floridians to access a volunteer attorney to answer civil legal questions online. Details on the project are available at https://florida.freelegalanswers.org. The proposed 2017-18 Florida Bar budget, which will be published for member comments in the April 15 issue of The Florida Bar News (available online), keeps the annual membership fees

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Diversity & InclusionCommittee

Humanity Through Horror: Looking Back at Pulse

ess than a week after the Pulse shooting, I had the privilege of addressing the General Assembly of The Florida Bar about it. It was to have been a time to celebrate the accomplishments of the LGBT legal community over the past decade; instead, it proved to be a mixture of sadness, resilience, and hope. Here are my remarks in full and while still raw:

Larry D. Smith, Esq.

Mr. President, I humbly accept this award on behalf of the people on whose behalf I have tried to give a voice: gay, lesbian, bisexual and transgendered men and women who were denied opportunities or treated poorly simply because they were perceived to be different. This past week, all of us, especially those of us in the LGBT community, have been shaken. And, since I accept the award on behalf of my community, I hope you will forgive me for departing from the norm of simply taking a photograph and stepping down, and that my colleagues will allow me the personal privilege of taking just a few minutes to talk about what has happened this week. It’s still fresh, it still hurts, and, right now, it feels like many of the things we have worked for have been hollowed by what happened on Sunday, just a few miles down the road from this beautiful hotel. I should also remember others. Exactly a year ago to the day, a lone shooter walked into a small African American church in downtown Charleston, South Carolina, where people had gathered for a prayer service. The people there felt safe. Secure. Loved. Into that place, a 21-year-old man walked in and began shooting, killing 9 people, in the hope of igniting a race war. For many in the LGBT community, nightclubs like Pulse in downtown Orlando provided that safe place when their churches, sometimes even their own families, had rejected them. Pulse was a place where people could put aside pretense or hiding and the judgment by others, if for only a short time, to laugh, and share the company of others who wanted nothing more than to be friends and be with friends. Those who gathered asked nothing of the outside and often judgmental world, except to be left in peace. In that one, small, special, safe, space.

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When the gunman walked into Pulse on June 12th, it was not a random choice or an effort to make a wider or political point with a government. He didn’t walk across the street to Wendy’s or next door to the Dunkin Donuts where anybody in the community might be found on any given Saturday night. He drove over an hour to one of the largest and busiest gay nightclubs in the theme capital of the world. Inside, he knew hundreds of gay people would be found. He walked into their safe place and, as they laughed, and danced, and sang, he methodically shot and killed as many of those people as he could. Because he thought they were gay and gay lives are… somehow less worthy. The LGBT community has heard that message before. On June 24, 1973, The Upstairs Lounge was a second story gay bar in the French Quarter of New Orleans, but on that date, it was hosting a church event for the Metropolitan Community Church, a church catering to the gay community. After the service, patrons were listening to a pianist and planning a fund raiser when the doorbell rang. When the patrons opened the door, the smell of lighter fluid and the heat of flames engulfed the room. There were bars on the windows and there was no escape. Thirty-two people perished in the fire. As hard as that is to imagine, what happened next was worse: nothing. Families refused to even claim the bodies of their lost sons and daughters. A sympathetic priest at a local church intervened and offered funeral services, for which he was chastised by his superiors. There was a half-hearted investigation, but today, 43 years later, no one has ever even been charged with that horrible crime. To the world, the message was that the people inside the steel bars were invisible and unimportant because they were gay. That is why it is so hard for us to hear people simply refer to the individuals at Pulse in generic terms like the “victims” or the “casualties,” because it strips them in death of something many gained in life at great sacrifice: their sense of self worth and identity as gay people. So, on Sunday morning we held our breath.

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But, our hearts, which had sunk to an awful low, began to be buoyed by the goodness in others. Through horror, we found humanity. In Orlando, we saw hundreds of people stand in line in the hot sun for hours to give blood to strangers they would never meet, and we witnessed an outpouring of love and support from around the world on social media and through pictures of buildings – from Freedom Tower to the Eiffel Tower – and bridges and monuments lit in bright, true colors. The American flag was lowered to half-mast and the President of the United States came to pay the respect of a grieving nation. There, he was met by vigils, candles, and signs of love from everyday people in our community. To a group often called “the invisible minority,” even the simple act of writing the word “United” in rainbow colors tells us that we are not invisible, and, instead, we are a valuable part of a beautiful, diverse quilt we call America. Our grief, instead of being hidden, can be shared. As I stand here, funerals are taking place in Orlando and the FBI has issued heightened alerts to other gay clubs here. But, the gunmen in Charleston and in Orlando failed at what they hoped to do: divide us as a community and as a nation. We will not live in fear. We will bury our dead. We will heal. Together, we will build a better America where hatred and misunderstanding is replaced with love and pride… not just during the month of June which has been designated as Pride Month, but every single day. We will return to our long, steady journey toward equality. We will show the world that we are a nation of laws and of equal justice under those laws. That is the legacy of, and my solemn promise to, these 49 men and women in my LGBT and ally family: You did not die alone. You did not die in vain. We will not forget you. Our pulse is stronger than ever. Indeed, in the weeks and months since that awful June day, we have seen the best in people. No doubt, the heroic efforts of first responders, volunteers, and theBriefs June 2017 Vol. 85 No. 5

others have been, and will continue to be, rightfully celebrated. But, we should also remember the unique contributions of attorneys during times of disaster, whether natural or man-made. On Sunday, after the tragedy, the Orange County Bar Association, in partnership with the Legal Aid Society of the Orange County Bar Association, Inc., immediately realized that they were uniquely positioned to staff a telephone hotline for victims and families seeking pro bono representation and began to formulate a course of action. On Monday, June 13, the OCBA circulated an email and volunteer sign-up form to its 3,400 members, as well as to the leaders of other local voluntary bars, including the Hispanic Bar Association of Central Florida; Paul C. Perkins Bar; Central Florida Association for Women Lawyers; Greater Orlando Asian American Bar Association; Central Florida Gay and Lesbian Law Association; and others. By Tuesday morning, the Victim’s Legal Assistance Hotline was up and running. As a broader testament to the contributions of lawyers, the OCBA also received offers to assist and coordinate from, among others, The Florida Bar; The Florida Bar Foundation; New York State Bar; LGBT Bar Association of the District of Columbia; the American Justice Association; and the Federal Bar Association (Central Florida Chapter). Statewide legal aid organizations, individual law firms, and in-house counsel offered both attorneys and financial support. We received offers of support

from our young lawyer and paralegal sections, as well as area law students. Within a few days of the attack, a panel of 276 attorneys had been assembled. To date, 223 local attorneys and 100 from out of the area served on panels. The OCBA and the Legal Aid team worked on-site at the city’s Family Assistance Center, helping victims and family members with legal questions and directing them to other appropriate relief and community services. It is impossible to determine the exact number of calls to the hotline because there was no way to track the volume. To date, the Orange County Bar has made 132 referrals in practice areas including immigration, family, real property, victim compensation, insurance, estates/probate, and landlord/tenant matters. In the weeks and months which followed, it was important that attorneys continue to speak out about the tragedy, in the hope of sharing what had been learned. For example, it was a privilege for former Orange County Bar (and The Florida Bar) president Mayanne Downs, Esq., and me to address the International Association of Defense Counsel at their annual conference in Scottsdale, Arizona on February 20, 2017, about Pulse. I did an update of my remarks to the General Assembly, while Mayanne gave attorneys from 18 countries and 40 states a remarkable behind-the-scenes look at the immediate and ongoing legal challenges and opportunities which the shooting at Pulse brought to the City of Orlando. continued page 26

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Legal Aid Society In Remembrance of the Pulse Nightclub Tragedy “We are blessed to live in an extraordinary community. The fact that we could rapidly respond to the needs of those affected by the Pulse tragedy in Orlando demonstrates our strength and community ties. The Orange County Bar and its Legal Aid Society created and implemented a pro bono effort within 24 hours. It relied on the energy of numerous volunteer attorneys locally, nationally, and internationally to provide legal services both to the victims and their family members. Bar and Legal Aid staff have been very Mary Anne De Petrillo, Esq. impacted by not only the process and implementation of the legal response but also in the personal interaction they had in helping the victims and their families at the Pulse Family Assistance Center in the days immediately following the catastrophe. The response proved cathartic and a reminder of why our legal skills are essential and effective to bring stability, structure and aid during times of crisis. The work we accomplished spoke for itself. It is my and my staff members’ great honor and privilege to serve.” Mary Anne De Petrillo, Executive Director Legal Aid Society of the Orange County Bar Association, Inc.

Ana Bernal Roberts, Esq.

“One never knows how something can touch another’s life. Simply by using my bilingual and legal immigration skills, I provided hope to those affected.” Ana Bernal Roberts, Esq., Immigration Attorney

“After meeting families affected by the Pulse tragedy, it became clear to me that sometimes being a good lawyer simply comes down to holding one’s hand, letting them know that you are here, that you are human, and that you are listening.” Marie M. Priebe, Guardian ad Litem Program and Mental Health Attorney

“This was an event that was a community tragedy. Not just something that happened to a small group of people, in a club. When I called the Hispanic Bar Association and leaders in the Hispanic community, including Judge Jose Rodriguez, their reaction was instantaneous and positive. It was an honor to serve our neighbors in a time of unexpected heartbreak. While I hope never again to have to serve in a capacity such as this, it was fortunate for Legal Aid to have great staff and community partners to reach to during this unprecedented time of catastrophic need.” Angel Bello-Billini, Esq., Litigation Director “Watching the legal community come together, hours after the Pulse tragedy, in a professional manner to provide immediate free legal services to those affected is something I will never Donna Haynes forget. While my heart broke from pain, it swelled with pride watching our leaders doing what they do best. Being a legal first responder will always remain the highlight of my professional career. These are the events that change you.” Donna Haynes, Development Director

Angel Bello-Billini, Esq.

Bethanie Barber, Esq.

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“In working with the Florida Attorney General’s Office I could aggressively enforce the legal rights of injured and deceased tenants regardless of their race, religion, national origin, sexual orientation, or immigration status. It was heartwarming to see such an aggressive effort on the part of the Florida Michael L.Resnick, Esq. Attorney General’s Office during this time of incredible grief. The efforts of Assistant Florida Attorney General Andrew Fay were amazing.” Michael L. Resnick, Esq., Housing and Homeless Attorney

“I am proud to work at an organization that responded so quickly and compassionately to this Kate York, Esq. tragedy.” Kate York, Esq., Guardian ad Litem Program Attorney Marie M. Priebe, Esq.

“Initially, I counted myself fortunate that I had no personal connection to anyone at Pulse that horrible June night. However, the first people I assisted proved me wrong. Neighbors from my North Carolina childhood home lost their son that night. Then it hit me. We are all connected and affected in some way Jamos “Jay” Mobley, Esq. by this tragic attack. I was extremely humbled to be a part of our community’s incredible response to the tragedy. One neighbor reaching out to another.” Jamos “Jay” Mobley, Esq., VALOR Project Coordinator and Homeless Advocacy Project

“While the initial emotional response to the Pulse tragedy was an understandable sadness, my sadness was almost immediately replaced with feelings of pride, strength, and a knowingness that I reside in an evolved and compassionate legal community. My experience serving as a member of the OCBA’s response team at the Victim Service Center just days after the Pulse tragedy allowed these feelings of hope to take hold. It has – and will always be – a true privilege to serve my hometown community as a member of the OCBA.” Bethanie Barber, Esq., Guardian ad Litem Program Director

www.orangecountybar.org

theBriefs June 2017 Vol. 85 No. 5

“As a trained City of Orlando Office of Emergency Management volunteer, I am assigned to help with phone intake. In response to the city’s Pulse request, I answered calls from people looking for missing loved ones who might have been at the Pulse nightclub. Some callers had information about a young person who went to the club; other callers were seeking answers Catherine Tucker, Esq. about estranged family member desperate for anything that might help locate their missing loved one.” Catherine Tucker, Esq., Legal Aid Society Associate Director and Pro Bono Director

Coravious L. Cowart, Esq.

“For me, helping the victims and families of the shooting with their various legal issues was an honor because it is truly what our profession is about, offering advice and counsel to individuals in their time of need.” Coravious L. Cowart, Esq., Guardian ad Litem Program and Developmental Disabilities Attorney

Kavita Sookrajh, Esq.

“The Pulse tragedy was the most horrific mass shooting event in Orange County’s history. Nevertheless, our community came together and demonstrated great resilience and courage. Out of tragedy emerged triumph! The spirit of Orlando is STRONG! I am honored to live and work in Central Florida and privileged to have assisted the families affected by this senseless tragedy.” Mexcye C. Roberts, Esq. Mexcye C. Roberts, Esq., Guardian ad Litem Program Attorney and VAC Coordinator

“I was deeply moved to experience the hurt amongst Pulse victims. It was coupled with determination and strength. In all my years of practice, I have never seen anything like it. I was flooded with questions ranging from property issues, family law, funeral arrangements, and legalities surrounding the proper burial of the victims. I hope never to see anything like this again.” Kavita Sookrajh, Esq., Guardian ad Litem Program Attorney “My thoughts and prayers continue to go out to all of those that were affected by the Pulse tragedy. As part of an immediate community collaboration and an OCBA member, the Legal Aid Society provided emergency legal assistance to the Pulse victims and their families, and we continue to do so today.” Tenesia Hall, Esq., Family Law Attorney

“I was honored to staff the city’s Victim Service Center. It touched my heart to see and hear how grateful family members were for the assistance, despite losing a loved one. As a mother, I will never forget one mother sharing with me that she never expected to need a lawyer to help her with the burial of Larri Thatcher, Esq. her child.” Larri Thatcher, Esq., Intake and Community Education Director

Tenesia Hall, Esq.

“As attorneys, it is our special responsibility to assist those in the community who encounter such challenging life circumstances. This was evident when a young man confined to a wheelchair because of a gunshot wound sought answers to how he was going to be able to pay his bills since he could no longer work. I was truly grateful for the opportunity to assist with his legal issues and offer support at this significant time of need.” Jonathan H. Neyer, Esq., Guardian ad Litem Program Attorney

“I was weary and just generally dazed and sad. I think we go into a hyper-vigilant state, and it just wears you out. I have not really sobbed, but there are things that have made me cry, and those are usually the things that show how good people are. As Mr. Rogers said, ‘Look for the helpers. There are always people helping.’ Things I cried about: – Long lines at the blood banks. – People who could not donate blood lining up to buy water and snacks for those who were waiting to donate. Sally McArthur, Esq. – A picture of someone in Paris with a ‘Standing with Orlando’ sign. – The “Hamilton” musical number at the Tony Awards performed without the muskets. – The packed vigil for peace at Rollins College. – The Facebook ‘Safe’ status that kept popping up as people checked in. – The clip of the Orlando Gay Chorus singing at the vigil. These are the things that touched my soul, and continue to do so.” Sally McArthur, Esq., Guardian ad Litem Program Attorney

Jonathan H. Neyer, Esq.

“I had the opportunity to assist the victims and the families after the tragedy obtain counsel for their unexpected legal issues. Everyone was devastated and it was heartbreaking to hear all the stories about their loved ones. I was overwhelmed and proud to assist the families and the community and to witness the willingness of the legal community to do all that they could. It has been amazing to see the community unite, not just then, but even still today.” Judy Johnson, Assistant to Larri Thatcher, Esq. theBriefs June 2017 Vol. 85 No. 5

www.orangecountybar.org

Judy Johnson

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Legal Aid SocietyWhat We Do... John Dierking Receives the Legal Aid Society’s Judge J.C. “Jake” Stone Distinguished Service Award

A Catherine A. Tucker, Esq.

s a new lawyer, John Dierking, Esq., thought he would accept nonprofit incorporation work from the Legal Aid Society of the Orange County Bar Association, Inc. (“LASOCBA”). Before he had become a lawyer, he learned about the Guardian ad Litem (“GAL”) program. His wife, Lavinia Keefer Dierking, Esq., was handling GAL cases from LASOCBA, and she shared her stories about the children and their problems. Helping children appealed to him, and instead of an incorporation, he accepted his first GAL case with two siblings. This past August, he agreed to another case with two siblings. Twentyfive years and more than 70 children later, John is still advocating for children. He remarks, My pro bono service as a Guardian ad Litem over the last 25 years has been and continues to be perhaps the most rewarding aspect of my practice. It has given me the opportunity to meet, serve, and learn from the children. These children are continuing examples of resiliency and determination. It is difficult to think of any more important service one can be asked to undertake than helping a child end up in a loving and encouraging home environment where they can thrive to their best potential. I am grateful to both Holland & Knight and the Legal Aid Society for giving me the opportunity to do just that. John has lived in Central Florida since he was two years old and attended Conway Elementary and Middle schools and Boone High School. After graduating from the University of Central Florida and then Florida Technological University, he worked at savings banks in mergers and acquisitions. He decided to return to law school and graduated from the University of Florida Fredric G. Levin College of Law in 1992. He was admitted to The Florida Bar and joined Holland & Knight. He is now a partner and with their mergers and acquisition team. One of John’s first GAL cases was a sibling group where the father was trying to keep his household together. He was unable to do this and agreed to adoption of the children. “Trying to keep sibling groups together is important for the children, if you can do this. It makes a case memorable when it is successful,” says John. He has handled cases that resulted in reunifica-

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tion, in relative placements, and in adoptions. Sometimes the reunifications are not the final placement, but it is important to keep seeking a permanent place for the children and not having them languishing in foster care. “I got an email the other day,” John shares. “It was from an adoptive mother, where two children were placed in her home with five other children. She was giving me an update on how the two kids were doing” he notes. “I was thinking of you she [the adoptive mother] told me.” I said, “I was thinking of you, too.” It was the second anniversary of the adoption. She was a foster parent who ultimately adopted all the children. The children and circumstances are all different, and while there are some disappointments, most are positive. The work is very rewarding, says John. I encourage others to try this volunteer work. It can be eye-opening when you go to the home visits, schools, and have your first hearings in juvenile court. You understand more about how many children live in our community. And hopefully see how you can make a difference. In law school, I knew I did not want to do litigation. And I still don’t go into a courtroom except for the GAL children. During his time as a volunteer, John has been recognized by LASOCBA with an Individual Award of Merit in 2007 and this year with the Judge J.C. “Jake” Stone Distinguished Service Award. “I got this innocuous looking letter from Legal Aid. I thought it was a notice of hearing. It was the congratulations for the Jake Stone Award. It was a great surprise and honor,” he said. John has handled cases of more than 70 children and contributed more than 1,500 hours on closed cases. The award was named for John C. “Jake” Stone, Jr., who was elected Orange County judge in 1979. He was active in community and civic affairs. He died suddenly in 1987. The award was first presented to Michael Walsh, Esq., in 1989. John is the 31st recipient. As John says Legal Aid has changed over the years in how the GAL Program can support the volunteers. Having staff attorneys in the courtroom is great. They are knowledgeable on the law and may have other information for you. I have found especially in termination of parental rights the staff attorneys can offer assistance.

theBriefs June 2017 Vol. 85 No. 5

has always been supportive of pro bono, and the expectation for participating was important for the firm and the office. How hours are counted has changed over time, but the firm is proactive about their attorneys doing pro bono work. As member of the firm’s mergers and acquisitions team, John represents clients in a variety of antitrust, financing, and general corporate matters. In his antitrust practice, John regularly advises clients on the competition law issues with respect to mergers and acquisitions. He also represents clients in the review process with the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) pursuant to the Hart-Scott-Rodino Act (“HSR”). John has filed more than 100 pre-merger notification forms on behalf of clients and has provided HSR counseling on many additional matters. These transactions have included numerous substantive merger investigations and responses to “second requests” by both the FTC and DOJ. Glenn Adams, Esq., Mary Anne DePetrillo, Esq., Charlene Goss, John Dierking, Esq., He has also managed multinational merger filLavinia Dierking, Esq., and Brenda Mazurak ings in many transactions. Some parts of the system have improved over time, although the John is married to Lavinia Keefer Dierking, Esq., and they have a problems of the revolving or absent caseworkers recur. John says daughter. John has been active with Kiwanis and helped establish that “[w]ith Legal Aid’s help, notice of the hearings is much bet- the Lake Eola Charter School. ter. I find that attending the staffings is very helpful for learning If you would like information about pro bono activities or free the family situation, since often the parents are present, but not lunchtime training seimnars, contact ctucker@legalaidocba.org. always easy to get their date.” Save the date for the LAS 10th Annual Breakfast of Champions: John believes that trainings are a good idea, especially for attor- November 2, 2017. Contact Donna Haynes at 407-515-1850 or neys new to juvenile cases. He suggests that a quick look at a Dhaynes@legalaidocba.org for more information. See ad on page GAL case by a new attorney would be an encouragement to take 35 in this issue of The Briefs. a case and could result in the recruitment of a future GAL. Catherine A. Tucker, Esq., is the Deputy Director / Pro Bono Coordinator Assisting individual clients is important and John has always tak- at the Legal Aid Society of the Orange County Bar Association, Inc. She has en cases. While a clerk at Gray Harris, he worked with an attor- been a member of the OCBA since 1998. ney on a pro bono dissolution of marriage case. Holland & Knight June 6, 2017

12:00 p.m.-1:30 p.m.

Serving Dependent Children with Developmental Disabilities

June 20, 2017

12:00 p.m.-1:30 p.m.

Defenses to Debt Collection and Garnishment

July 11, 2017

12:00 p.m.-1:30 p.m.

Keeping Children Safe Act / Sex Abuse & Chapter 39

July 25, 2017

12:00 p.m.-1:30 p.m.

Guardianship of the Person

August 8, 2017

12:00 p.m.-1:30 p.m.

Suitability Assessments

August 22, 2017

12:00 p.m.-1:30 p.m.

Panel on Ethics Issues for Pro Bono Attorneys

September 12, 2017

12:00 p.m.-1:30 p.m.

Equipping Children with Emotional Tools for Testimony, Reunification, and Parental Separation

September 26, 2017

12:00 p.m.-1:30 p.m.

Restoration of Rights

October 3, 2017

12:00 p.m.-1:30 p.m.

Adoption via Dependency Court

October 17, 2017

12:00 p.m.-1:30 p.m.

Family Law Issues

November 7, 2017

12:00 p.m.-1:30 p.m.

The Impact of Proverbial Child Trauma: A Lifetime of Effects

November 14, 2017

12:00 p.m.-1:30 p.m.

TPS from Qualified Countries

December 5, 2017

12:00 p.m.-1:30 p.m.

TOPIC: TBD

December 12, 2017

12:00 p.m.-1:30 p.m.

Technology for Pro Bono Attorneys

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

2017 Free Lunchtime Learnings CLE Applied for All Marks St. Senior Center 99 E. Marks St. Orlando, FL 32803

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

theBriefs June 2017 Vol. 85 No. 5

www.orangecountybar.org

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Legal Aid SocietyLegal Aid 2017 Honor Roll

Florida Supreme Court Honors Orange County Attorneys

he Florida Supreme Court, The Florida Bar’s Young Lawyers Division (“YLD”) and the Florida Pro Bono Coordinators Association announced the attorneys who were recognized for their 2016 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 Court’s chief justice and a pin recognizing their contribution. The donation of time is

Acosta, Miguel R. Adams, Glenn A. Adler, Marshall S. Aduloju, Oluwaseun Alexander, Jr., Edward R. Allen, Gregory B. Allen, Jr., Herbert L. Am, Onchantho Anderson, Wendy Ruth Angell, Derek James Appleton, Michael J. Arias, Isabel Ashby, Kimberly A. Aust, Lynn B. Aylward, Samantha L. Bailey, Mary Merrell Barber, Bethanie A. Barcus, Steven L. Bartholomew, Krista M. Baxa, Edmund T. Bear, David R. Bekavac, Allison R. Bello-Billini, Angel M. Benitez, Alyssa N. Berglund-Harper, Michelle Berman, Jed Biecker, Michele A. Billyer, Natasha Blucher, Jamie M. Blum, Kirsten D. Boadella, Heather Kowalski

Bonczyk, Kathleen M. Bonilla, Cindy D. Bonus, Philip F. Boroughs, P. Thomas Bosco, Cynthia J. Boulden, John D. Bradbury, Stacey Braga, Vanessa A. Brams, Craig L. Branham, Jeffry J. Brehmer-Lanosa, Linda Sue Brown, Michael S. Brown, Shaunda L. Caldwell-Carr, Lori M. Callahan, Jane Dunlap Cannella, David E. Carlisle, Stacey J. Cerrud, II, Euribiades Chacoa, Daniella P. Claud, Brittney B. Cocotas, Vivian P. Collins, Viktoria Cotto, Vanessa Counts, Jr., Clarence W. Cowan, Amanda Aubry Cowart, Coravious L. Coye, Wade B. Crampton, Seliena K. Cumming, Kathleen S. D’Aniello, Phil A. Davies, Kathleen S.

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based on the hours on cases closed during 2016 and project work in 2016. 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. The letter from Chief Justice Jorge Labarga and the pin will be distributed to the attorneys who participated through the Legal Aid Society of the Orange County Bar Association, Inc. The attorneys recognized are listed below: Davis, Jr., William A. Dellecker, Robert H. Dellinger, Richard S. De Petrillo, Mary Anne Desai, Tushaar V. Dierking, John R. Dirlam, Gary L. Dolney, Thomas S. Doppelt, Ava Douidy, Margaret L. Durham, Lorraine M. Eberhart, Linnea M. Edwards, Ted B. Eisnaugle, Carrie Epstein, Tobi A. Epstein, Warin L. Ezzo, Elise Falcone, III, Vincent Farber, Hannah Ferris, Colby N. Figueroa, Evelyn Pabon Finer, Teresa B. Fisher, Hallie B. Foels, Pamela L. Ford, Taylor F. Frank, Russell J. Gangitano, James Garcia, Patricio Giacalone, Margaret C. Gibeault, George Emile Gilchrist, Brian R.

www.orangecountybar.org

Gleason, Joseph P. Gomez, Fallon Gonzalez, Luis J. Gordon, Charles E. Greninger, Ronald P. Hale, Maria DiBlasio Hall, Andrew J. Hall, Tenesia C. Hampton, Temika L. Hartley, Martha A. Haslam, Carolyn R. Helton, Pamela J. Henry, David W. Herman, Patricia K. Hines, Aaron M. Holland, Allen D. Hueber, Brandon K. Hughes, Timothy L. Hull, Rebecca K. Imber, Allison R. Ingram, J. Charles Iseman, Benjamin C. Jackson, Vermotta H. Johnston, Abigail Marie Jones, Barbara Fancher Jones, David A. Katz, Emily R. Kelly, Laura M. Kest, Kristopher J. Kimbrough, Jr., Orman L. Knapp, David C. theBriefs June 2017 Vol. 85 No. 5

Koren, Sarah Wallerstein Kotur, Sandra Kramer, Stuart Kwong, Annie P. Lawson, Christi Adams Lesser, Robyn L. London, Brenda L. Lopez-Campillo, Juan C. Maaroufi, Aboubakr Magee, James M. Malaret, Pedro J. Mann, Kimberly J. Marcell, Karen M. Marcus, Lee W. Martin, W. Doug Martinez, Oneill C. Marx, T’anjuiming A. Mayfield, Spensyr A. McArthur, Sarah L. McChesney, Blaine McCormack, Sean P. McIntosh, Robert K. McMahon, Gregory P. McMillen, Allison C. Mercer, Barton C. Milbrath, Stephen D. Miner, Christina Moats, Matthew Emerson Mobley, Jamos K. Moeller, Phillip K. Moore, Conti J.

Morgan, Paul J. Morgeson, Jr., D. John Moskowitz, Deborah L. Myers, Ernest J. Neyer, Jonathan Okaty, Michael A. Olivares, Adriana Oliver, Daniel C. Ossinsky, Marc Owens, Gayle A. Page, Gregg A. Palmisano, Jason S. Parks, Cameron A. Paul, Jason A. Peden, Neely M. Peppler, Thomas Peppy, Renee V. Perez-Kelly, Penelope B. Peters, Brandon S. Petroski, Christin Pittenger, T. Todd Prescott, Joanne M. Quashie, Rihana Raleigh, III, Thomas L. Rasch, Robert Raub, Gregory S. Reas, Wanda M. Resnick, Michael L. Rhodes-Cinami, Sonica J. Rivas, Doricia Rivers, Priscilla E.

Roberts, Ana Bernal Roberts, Mexcye Rosenbluth Jr., Emery H. Rubin, Robert Jett Ruffier, William E. SanGermain, Lyzette SanGiovanni, Paul Louis Santoni, Roberto Savard, Susan W. Savitz, Patricia A. Scalo, Joseph Schiavo, Frank L. Schmidt, Juliana T. Schulte, J. Timothy Schumer, Jacob J. Schwam-Wilcox, Camy B. Shipley, C. Eugene Silzer, Scot A. Sirolly, Jeffrey Sisic, Téa Skaggs, Brooke Sookrajh, Kavita Sorrell, Wayne A. Sos, Anthony F. Squires-Binford, Grey Stanley, Angela J. Stedman, Sharon Lee Stokes, Brian D. Swartwood, Gregory D. Tangel-Rodriguez, Ana Thatcher, Larri T.

Thomas, Jessica D. Torres-Alvarado, Natly Toscano, Wendy S. Travis, Jessica A. Trulock, Jr., Charles Tucker, Catherine A. Tukdarian, Thomas H. Uncapher, Kenneth R. Van Valkenburgh, Mark L. Vargas, Kristhina H. Vazquez, Ramon Veliz, David W. Walter, Mary J. Waranch, Michael S. Warren, Charlotte L. Washington, Ka’Juel J. Webber, II, Richard B. Welch, Jr., Robert J. Wermuth, Frederick S. Wesighan, Frank C. Wieland, Glen D. Willick, Scott R. Wilson, Brian Thomas Wohlust, G. Charles Wood, David S. Yergey, Jr, David A. York, Kate E. Young, Jr., William B. Zeniewicz, Paul T. Zeuli, Louise B. Zitzka, Joseph W.

On the Cover Mary Whittaker of the Orlando Modern Quilt Guild reported that the guild collected 1,781 quilts for the injured and families of those killed as a result of the shooting at Pulse nightclub on June 12, 2016. Modern Quilt Guild members around the world were invited to participate. The goal was to gather enough quilts to help not only the victims who survived, but the families of victims who perished, as well as first responders, nurses, police officers, fire departments, sheriff departments, medical professionals, and organizations that provide services for the LGBTQ+ community. This project far exceeded all expectations, with quilts coming from 23 international locations, including from Italy, Africa, Ireland, England, and nationally from all 50 states. Each quilt carried with it the same theme: hearts. The Legal Aid Society of the Orange County Bar Association, Inc. was proud to highlight the theme of an Orlando united by love at its 2016 Breakfast of Champions presentation, as well as in its annual video. A quilt from the Orlando Modern Quilt Guild’s international outreach is pictured on the cover of this commemorative issue of The Briefs. theBriefs June 2017 Vol. 85 No. 5

www.orangecountybar.org

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Special

onePULSE Foundation Established

ollowing the Pulse tragedy one year ago this month, the impetus to create a permanent memorial to recognize the victims of the shooting and those who responded to the multiple needs of victims, survivors, and their families became apparent. In the intervening year, the onePULSE Foundation, Inc. was founded by Pulse nightclub owner Barbara Poma. Earl M. Crittenden, Jr., of counsel to GrayRobinson, P.A., was appointed chairman of the foundation’s board of trustees.

Earl M. Crittenden, Jr., Esq., and Barbara Poma at a press conference in May 2017 announcing the formation of the onePULSE Foundation

“The vision of the foundation is to create a living, iconic, national memorial to honor the 49 souls taken, the survivors, the first responders, and the Orlando Health medical providers who saved so many lives. We also envision a museum with an educational component to house the artifacts collected and archived from the site,” Earl said. “Our national board is comprised of leaders in various fields who have big hearts and a global vision.” In addition to Earl’s work for the foundation, his colleagues Mayanne Downs, Esq.; William A. Boyles, Esq.; Christopher L. Carmody, Jr., Esq.; and Jason A. Zimmerman, Esq., were instrumental in laying the legal groundwork to form the OneOrlando Fund in the wake of the tragedy. The GrayRobinson team navigated non-profit regulations, established the corporate framework for the fund and met with victims groups around the country, including advocates representing the One Fund Boston, to ensure successful board de-

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velopment. The OneOrlando Fund was used to assist both the families of the victims who were killed and survivors who were physically injured in the Pulse nightclub attack. Other trustees of the onePULSE Foundation include George A. Kalogridis, president of Walt Disney World; Jason Felts, CEO of Virgin’s film division; entertainer Lance Bass; former NBA player Jason Collins; and Dr. Hilary Lewis, biographer and former professor at Harvard University. Cyndi Lauper has also pledged her official support to the national memorial. Earl says, “The solemn process of contemplating a vision for a permanent, national memorial begins with understanding the paramount importance of respect and deference to the wishes and needs of the victims’ families and the survivors. The community, who still mourns, is also a very important component of the input and the journey.” He has already established a close working relationship with key staff of the 9/11 Memorial in New York City. “Their support, guidance, and advice have been invaluable – especially in these early days for us. Like the Pulse Memorial, the 9/11 Memorial and Oklahoma City Memorial were created and are run by private foundations.” The memorial process begins with a data-driven initiative to collect information about what the victims’ families and survivors envision as a permanent national memorial to their loved ones. The first responders and the medical providers will also by surveyed. The survey will appear online at www.onepulsefoundation.org. “Once the data has been collected and analyzed, the building process begins. Because of the unique location of Pulse, a variety of global experts in urban planning and design will be consulted by our task force, which is still in formation and is comprised of victims’ families and survivors, as well as local business and community leaders.” After receiving their feedback and study, the data will be released for design submissions for the task force and board of trustees to review and select a final design. “Orlando had 68 million visitors last year, and the Pulse nightclub site is sacred ground where many people from around the world come to pay their respects. Orlando needs a very special place for that. We will not let hate win.”

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Special Feature

Presentation of OCBA’s Law Week Liberty Bell Award

O C. Andrew Roy, Esq.

Jessica A. Travis, Esq.

f trying times, the indelible Mister Rogers once said: “When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’” When disaster struck Orlando in the early morning of June 12, 2016, the helpers were quick to arrive. In the deepest darkness of that morning, first responders, law enforcement, and medical personnel worked selflessly and tirelessly to pierce through the darkness and save lives. When day broke, lines of people surrounded blood banks ready to donate a piece of themselves, and still more flocked with water, snacks, and sunscreen to support those who were in line. By the time the sun shone brightly over Orlando that Sunday, the helpers had multiplied, a cascade of people – people from all walks of life – joining together to help. The light spread across the state, across the country, even across the globe, as people came together in support of the victims and their loved ones. They gave their time, they gave their money, they gave their prayers, they gave themselves. The helpers kept coming. No matter their differences, the helpers united, united as one behind Orlando.

Today we honor those helpers. The spirit of Law Week is to promote a better understanding of the law through teaching, experience, and civics. This year, we celebrate the 150th anniversary of the ratification of the 14th Amendment and how it transformed American Democracy with its landmark citizenship, due process, and equal protection clauses. As part of that celebration, the Liberty Bell Award recognizes and commends those who vigorously participate in creating a greater sense of civic responsibility throughout the community. The helpers, the people and the communities here in Orlando, Orange County, and all across the globe who gave of themselves in response to this great tragedy, did more than just promote a greater sense of civic responsibility, they lived it. This year, the Liberty Bell Award goes to every person in the Central Florida community and beyond who surpassed expectation in helping to respond, in helping to support, and in helping to heal, all for the victims, their loved ones, and those impacted. The helpers united in action despite their differences, letting their humanity serve as the binding force. They embodied the spirit of freedom underlying the written words of the Fourteenth Amendment; they lived the mandate of equality. The helpers showed the world what it means to unite. What greater lesson in civics could there be? And so this award goes to the people and communities near and far who were the helpers. Let this award honor them, honor you, each one of you, and all those beyond these walls. Let it remind us of what was lost. But let it also be a symbol of freedom and equality in the face of adversity. Accepting the award on behalf of the Central Florida community and all of you is Orlando Mayor, Buddy Dyer.

Mayor Buddy Dyer accepts the OCBA’s 2017 Liberty Bell Award on behalf of the Central Florida community for its response to the Pulse tragedy. The award was presented at the OCBA’s Law Week luncheon on April 27, 2017. Shown are Brett Renton, Esq.; Jessica Travis, Esq.; Andrew Roy, Esq., Mayor Buddy Dyer; Wiley S. Boston, Esq., OCBA President; Jerry Demings, Orange County Sheriff.

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C. Andrew Roy, Esq., co-chair of the Law Week Committee, is an associate with Winderweedle, Haines, Ward and Woodman’s litigation and corporate departments. He practices primarily bankruptcy, creditor’s rights, state and federal appeals, and corporate transactions and restructuring. He also handles matters in insurance and securities litigation. He has been a member of the OCBA since 2011. Jessica A. Travis, Esq., Jessica A. Travis, P.A., co-chair of the Law Week Committee, is a criminal defense attorney. She is Board Certified by The Florida Bar in Criminal Trial Law and has been a member of the OCBA since 2011.

www.orangecountybar.org

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Gabriel Grillon, Honorable Mention, Speech Contest, with Jennifer White, Esq.; Jessica A. Travis, Esq., Law Week Co-chair; Wiley S. Boston, Esq., OCBA President; C. Andrew Roy, Esq., Law Week Co-chair Michael Seger, Howard Middle School, recipient of the Liberty Apple Award

Sarah Mooney, 1st Place Poster Category III, Grades 11-12, and Best in Show Bianca Gracey-Bisso, 1st Place Poster Category II, Grades 6-8

Venkata Sai Krishnamurthy, 1st Place Poster Category I, Grades 6-8

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OCBA Law Week Luncheon April 27, 2017

The Ballroom at Church Street

Co-hosted by the Law Week Committee

Lorraine N. Pitre, Esq.

Kyra Alston, 1st Place, Speech Contest

Mayor Buddy Dyer, City of Orlando

Carly Tamborello, 2nd Place, Speech Contest

Tegan Elizabeth Emerson, 3rd Place, Speech Contest

Master Deputy Arthur Wilson, Jr., Orange County Sheriff’s Department, recipient of the Liberty Shield Award with C. Andrew Roy, Esq., Wiley S. Boston, Esq., Jessica A. Travis, Esq.

PHOTOS: Flo Boehm

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Skylar Shea Treu 2nd Place Poster Category II

Chiara Agudelo Lenhard 2nd Place Poster Category I

Devin Bourgeois 3rd Place Poster Category I

LAW WEEK Thank you to the following teachers:

Laura Smith, Lake Nona Middle School; Michelle Perez, Freedom Middle School; Tina McFerren, East River High School; Sean Ashby, Timber Creek High School; Wendy Ross, Lake Eola Charter School; Ms. McCallum, Legends Academy

Brittney Ruiz 2nd Place Poster Category III

Karena Quintero 3rd Place Poster Category II

Ashley Kalinich 3rd Place Poster Category III

PHOTOS: Flo Boehm

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OCBA 13th Annual Texas Hold’em Charity Poker Tournament April 6, 2017 • 310 Lakeside

The Winners: 1st Place – Bill Umansky, Esq. 2nd Place – Chris Lomas, Esq. 3rd Place – Julie Koves, Esq. Top Female – Chris Lomas, Esq. Top Non-Attorney – Angela Pettit, Pace Electric Turkey Award – Lyle B. Mazin, Esq.

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Food donations to Second Harvest topped out at 1,271 pounds!

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PhotoOp

Signatures on the banner in the photo were collected at The Florida Bar Annual Convention as an expression of support from the legal community. The banner was presented to Mayor Buddy Dyer (center) and donated to the City of Orlando.

Wills for Heroes, April 29, 2017 As the world watched our community, it was those things unseen that told our story. One person being carried down the street by neighbors not known. One doctor shutting out all else to remove one bullet from one patient, one at a time. One police officer stepping into the breach. One friend covering another friend. – Legal Aid Society

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YLS on the move

Jennifer A. Smith, Esq.

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he weather is hot, and so are these YLS events! Our April luncheon was held on April 21, 2017, at the Citrus Club, where Kirsten Blum, Esq., was presented with the Young Lawyer Pro Bono Award of Excellence. Also, Brett Renton, Esq., spoke to YLS members about the organization of OCBA and YLS and its history. Jen Smith, Esq., representing The Florida Bar YLD, spoke about YLD programming available to YLS members. Luncheon attendees enjoyed the opportunity to network with each other. On April 29, 2017, YLS members gathered for its first Wills for Heroes event. YLS received a grant from The Florida Bar Young Lawyers Division in January at the Affiliate Outreach Conference to support this new program. Young lawyers in various practice areas gathered to provide free wills and estate work for veterans and first responders. More than 80 first responders and veterans were able to receive free legal assistance from our members at the event, and plans are underway to continue this programming for the public. On May 6, 2017, YLS gathered with friends for its Great Oaks Village Field Day. Great Oaks Village is a residential foster community for kids who have been removed from their homes because of neglect, abuse, or other reasons. This event, one of the longest-running for YLS, provided YLS members and their families a chance to give back to the kids by having a field day with them and spending some fun, positive, and interactive quality time through different activities. Those activities included soccer, tug-of-war, kickball, bounce house, makeup lessons, arts and crafts, and a cookout. Congratulations to Eric LaRue, Esq., and Andrew Roy, Esq., for another great YLS community service event. On June 12, 2016, the Orlando community was forever changed by the horrific attacks in the Pulse nightclub. Our legal community was challenged to provide for the needs of the victims, their families, and others affected by this unspeakable tragedy. YLS rose to the challenge. Members joined with the efforts organized by the OCBA and Legal Aid Society of the Orange County Bar Association, Inc. At our July 2016 luncheon, YLS planned and held a blood drive outside the luncheon venue, and YLS members and others donated blood to benefit the community and, in particular, victims still in the hospital suffering from the attack. YLS members and YLD governors Karen Persis, Esq., Eric Elms, Esq., and Jen Smith, Esq., helped collect signatures on a banner at The Florida Bar Annual

Convention, which was then donated to the City of Orlando as a signal of strength and support from our legal community. YLS members raised funds and YLS matched same for the OneOrlando Fund, which directly benefited victims and families of the tragedy. For its efforts in response to the attacks on local soil, OCBA YLS was recognized by the American Bar Association’s YLD as the ABA YLD “Star of the Quarter.” Further, YLS president, Brett Renton, Esq., received a custom quilt to thank YLS for its efforts in response to the attack at Pulse. Stay tuned for these upcoming YLS events: June 12, 2017 – Brown Bagging With the Bobs will present: “How to Prepare for and Attend a Successful Mediation,” at the Orange County Courthouse, 23rd Floor Conference Room, 12:00 p.m.-1:00 p.m. Free. CLE: 1.0 (pending).RSVP to Lynn Harasti, ctjalh1@ocnjcc.org. Bring your lunch and get ready for some great pointers! June 16, 2017 – YLS luncheon at the Citrus Club from 12:00 p.m. to 1:00 p.m. The speaker is Adriana Lineras, from LawTech Partners. RSVP by June 14 at the YLS section of the OCBA Store. June 22, 2017 – Social Media Series Part 1: Attorney Conduct on Social Media. This lunchtime CLE series is being presented in conjunction with the OCBA Professionalism and Technology committees. 12:00 p.m. to 1:00 p.m. at the OCBA Center. Register by June 20 at the OCBA Store. July 14, 2017 – YLS luncheon at the Citrus Club from 12:00 p.m. to 1:00 p.m. The speaker is Zack Zuroweste, Esq., 2017-2018 president of The Florida Bar Young Lawyers Division. RSVP by July 12 at the YLS section of the OCBA Store. July 20, 2017 – Young Lawyers and Law Clerks Reception. 6:00 p.m.- 8:00 p.m. at the Orange County Regional History Center. Free for law clerks; $10 for all others by the RSVP deadline. A $5 late fee will be assessed for late registrations and at the door. RSVP through the YLS section of the OCBA Store. RSVP deadline: July 6. July 26, 2017 – Social Media Series Part 2: Client Conduct on Social Media. This lunchtime CLE series is being presented in conjunction with the OCBA Professionalism and Technology committees. 12:00 p.m. to 1:00 p.m. at the OCBA Center. Register by July 24 at the OCBA Store. Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

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Diversity & Inclusion Committee continued from page 9

In her role as Orlando’s city attorney, Mayanne was asked to help steer the City of Orlando through the crisis. From drafting executive orders in her pajamas, declaring a state of emergency enabling Governor Scott to offer state aid, managing hundreds of Freedom of Information requests from around the globe, organizing the charitable OneOrlando Fund, which eventually dispensed millions of dollars in aid to victims, handling resulting workers’ compensation claims, and many other issues, Mayanne described the adrenalin, quick thinking, cooperation, and complicated legal need fueled by the tragedy. She also spoke eloquently of the collaboration and support she received from her counterparts in cities like Boston, who had selflessly shepherded their own cities through tragedies. Finally, she shared some of the most rewarding moments associated with doing her “job,” for example, when quilts made all over the world and covered in hearts and rainbow colors arrived at Orlando City Hall and one was presented to her. It was a poignant reminder that while lawyers lead with their brains, they serve from their hearts. Attendees of the Scottsdale conference returned to their homes, more aware that when disaster strikes, whether a bomber in Boston, a shooter in a soccer stadium in Paris, a madman in a Berlin Christmas market or on London’s Westminster Bridge, or a terrorist in a nightclub somewhere in the world, lawyers must be, and are, ready to lend their unique talents. Similarly, we have new reason to look forward to the contributions of bright young lawyers energized and empowered by a sense of responsibility. One privilege associated with the G. Kirk Haas Humanitarian Award is the ability to select a Florida law school for a scholarship to a second-year law student who has exhibited a high degree of professionalism, integrity, ethics, and concern for others. The University of Florida Levin College of Law designated the first openly gay recipient in the scholarship’s history: S. Benjamin “Benny” Menaged. The university created an entire “unity” event to celebrate the occasion. Laura Rosenbury, Esq., Dean of the Law School, and alumnus Orlando Mayor Buddy Dyer joined hundreds of students and faculty from across the law school and university campus to remember the Pulse shootings in a celebration of diversity. Multiple student minority bar associations collaborated to post 49 doves around the law school courtyard, rainbow banners adorned the multi-story walls, and music, like that which those in Pulse might have been listening to at the time of the shooting, played before and after the event. Author C.S. Lewis once said, “History isn’t just the story of bad people doing bad things. It’s quite as much a story of people trying to do good things.” Looking back at Pulse and its aftermath, we can see the moral arc of the universe bend. Now, we move forward. Larry D. Smith, Esq., Southern Trial Counsel | PLC, is chair of the Orange County Bar Association’s Diversity & Inclusion Committee. He has been a member of the OCBA since 1984.

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JudicialNews Investiture of The Honorable Alan Lawson On April 5, 2017, The Honorable Alan Lawson was sworn in as the eighty-sixth justice of the Supreme Court of Florida in Tallahassee, Florida. The Honorable Chief Justice Jorge Labarga presided over the ceremony, which was attended by family, friends, an audience of well-wishers, and more than sixty judges from throughout the state. Chief Judge Jay P. Cohen, Fifth District Court of Appeal; Chief Judge Frederick J. Lauten, Ninth Judicial Circuit; and The Honorable Dan Traver, Ninth Judicial Circuit were among those who gave remarks, and The Honorable Emerson R. Thompson, Jr., Senior Judge of the Fifth District Court of Appeal, administered the Oath of Office. Justice Lawson’s family, including his wife Julie Carlton Lawson, performed the enrobing. Following Justice Lawson’s remarks, a reception, hosted by the Florida Supreme Court Historical Society and the Orange County Bar, was held in the rotunda.

Joshua D. Grosshans, Esq.; Tom Young, Esq.; Jamie Billotte Moses, Esq.; Bruce Blackwell, Esq.; Wiley S. Boston, Esq., OCBA President; Justice Alan Lawson; Kimberly Ashby, Esq.; Nicholas Shannin, Esq.; Michael D’Lugo, Esq.; Christina Leger, Esq.; Margaret “Amie” Kozan, Esq.; Diego “Woody” Rodriguez, Esq.

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President’s Message continued from page 3

At the OCBA we had systems in place that allowed us to immediately assist in the aftermath of Pulse. First, we had a dedicated phone line from our Lawyer Referral and Information Service to field calls. This line provided a real person to help direct callers to aid. In a time of online resources, we decided not to direct people who had questions to a form on an unthinking, unfeeling website. Second, we had a fundamentally integrated relationship with the Legal Aid Society of the Orange County Bar Association, Inc., which would provide people to answer questions and staff the city’s Family Assistance Center every hour of every day. And third, we had what I consider the backbone of our bar. We had our substantive law committees. By chance, the Estate, Guardianship & Trust Committee had a meeting that Monday after the shooting. Wiley attended the meeting and told the committee we were gearing up. We were still forming a full plan and seeking input from the city about their needs. Without hesitation, 100% of the members in attendance that day signed up to volunteer their legal services. As did Central Florida’s voluntary bars, including the Hispanic Bar Association, the Central Florida Gay and Lesbian Law Association, and many, many, others that sent our plea for volunteers to their memberships. The quote above about rising to expectations was true. We didn’t have to hope to rise to any expectations. We defaulted to our training and our processes. The systems we had in place at the bar, the relationships we had built over the years, and the belief in service that our bar has expressed since its inception, became a reality and allowed us to answer the call for help within hours. I don’t want to exaggerate our impor-

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tance, for certainly there were others who had much harder and heavier tasks, but, as I stated before, we, as lawyers and as a bar association, are uniquely qualified to do something that no one else can do. We were ready, and in being ready, we were able to help those in our community who were in need and to do our part. I have always been proud to be a member of the only bar association in the country that requires pro bono service as a condition of membership, but during this time one year ago, I was grateful that our bar and our city could show the nation what love can do and what a force it is. As we come to the one-year anniversary, there are still some cases being handled by our pro bono attorneys and volunteers. Orlando has changed. Our bar has joined the list of bar associations that have assisted in a time of tragedy. It is a club in which we did not seek membership but certainly can empathize with now. (See Paris Bar letter on page 3.) We have the answer to the question of what we will do when the chips are down. Our members will rise to the level of our training, our oath, our relationships, and our processes. We will continue to serve this community and its residents. In turn, we will serve ourselves and our profession and keep “Orlando United.” Thank you to all those who helped in the aftermath of Pulse. You made me proud to be a lawyer and a human being. Elizabeth Foshee McCausland, Esq., Liz McCausland P.A., practices in the areas of bankruptcy, mortgage modification and mediation. She also teaches lawyers across the U.S. how to modify mortgages in bankruptcy. She has been a member of the OCBA since 1997.

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JudicialNews William Wieland Workers’ Compensation Inn of Court Honors Retired Justice James E. C. Perry

Jesse Rowe, Esq.; Justice James Perry (ret.); The Hon. Neal Pitts; Dr. Adrienne Perry; Frank Wesighan, Esq.

he Judge William Wieland Workers’ Compensation Inn of Court recently honored retired Florida Supreme Court Justice James E. C. Perry at its joint meeting with the George C. Young American Inn of Court held on March 21, 2017, at Dubsdread Golf Club in Orlando. Members of the Workers’ Compensation Inn of Court gave a presentation on the history of the Florida Supreme Court, landmark cases, and the biography of retired Justice Perry’s life and career, including his early years as the Chief Judge of the Eighteenth Judicial Circuit and his later tenure as a Florida Supreme Court justice. Retired Justice Perry gave a moving speech on his younger years growing up in North Carolina, as a young attorney in Georgia and Florida, and his experiences on the Florida Supreme Court with observations on attorney ethics and professionalism. The Inn also presented the retired justice with an engraved brick on the Harry and Harriet Moore Memorial Walkway of Freedom in Brevard County. Former Justice Perry was accompanied at the event by his wife, Dr. Adrienne Perry, and sons Jaimon and Willis Perry. The William Wieland Workers’ Compensation Inn of Court extends its thanks to Brian Phillips, Esq., president of the George C. Young American Inn of Court, for his assistance to and hospitality in coordinating this event.

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Hearsay...

Vanessa A. Braga, Esq.

or many, myself included, the events that transpired at Pulse nightclub that fateful night on June 12, 2016, left a lasting mark. I was in Chicago and recall waking up to a text from a friend asking me if I was okay. Puzzled, I turned on the TV to see the shocking news coverage from over 1,000 miles away. In the aftermath, the Orlando community came together in a strong display of solidarity as Central Floridians. While mourning for the senseless losses, the community provided support, including legal services, to the victims, survivors, and their families. One year later, bright tributes and flowers adorn the black fence surrounding the nightclub, a constant vigil to the 49 lives lost that day. Since Pulse, the legal community showed we were more than billable hours and contingency fee agreements by providing pro bono services to those affected. More importantly, we are Central Floridians. Without further ado, here is this month’s exciting “Hearsay” news. Professional Recognitions Congratulations to the following OCBA members who have recently received awards: John Dierking, Esq., a partner with Holland & Knight, LLP, received the 2017 Judge J.C. “Jake” Stone Distinguished Service Award from the Legal Aid Society of the Orange County Bar Association, Inc. Elizabeth A. Green, Esq., a partner with BakerHostetler, LLP, received Law360’s Bankruptcy MVP recognition, recognizing the five attorneys who had extraordinary wins and contributed most to their practice area over the past year. Scott Leitner, Esq., First Green Bank’s director of attorney banking services, passed the LEED Green Associate test. This certification is awarded to leaders of the green building movement who demonstrate expertise in sustainable business practices. Hal K. Litchford, Esq., a shareholder with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, has been recognized in the 2017 edition of Chambers USA in the area of antitrust. Hal devotes his practice primarily to litigation and appeals of antitrust, trade regulation, and other significant business-related disputes, including class actions. Community Involvement Judge John Marshall Kest and Michael L. Moore, Esq., of Michael L. Moore, P.A., comoderated the presentation, Requests to Produce, sponsored by the Hispanic Bar Association of Central Florida. I am sure the attendees gained valuable insight into the discovery process.

Jason W. Searl, Esq., of GrayRobinson, P.A., has become a member of the Florida Chamber of Commerce’s Economic Development Task Force Implementation and Review Committee. For the past hundred years, the Florida Chamber has strived to encourage a business-friendly climate that allows job creators to create private sector jobs and contribute to Florida’s economy. Ashley C. Winship, Esq., Winship Law, P.A., was elected secretary of the board for Orlando Museum of Art’s Acquisition Trust. The Acquisition Trust, founded in 1984, has built a significant collection of contemporary art for the museum and the Central Florida community. I can’t wait to see what new pieces are added! N. Diane Holmes, Esq., N. Diane Holmes, P.A., Family Law Group, was named to the American Cancer Society Leadership Board for a two-year term. Diane is a two-time breast cancer survivor and has raised more than $87,000 for the cause. Congratulations! Claramargaret H. Groover, Esq., of counsel to Becker & Poliakoff, was elected to the Governing Committee of the Forum on Construction Law for the American Bar Association at its annual meeting in Washington, D.C. The forum is the largest organization of construction lawyers in the U.S. and internationally. John Y. Benford, Esq., of counsel to Wilson Elser, was elected chair of the OCBA’s Professionalism Committee. Amy J. Carter, Esq., an associate in the Orlando office of Quintairos, Prieto, Wood & Boyer, P.A., will co-chair the committee. The committee’s mission is to support and encourage OCBA members to engage in the professional and ethical practice of law. Brian T. Wilson, Esq., of Dellecker Wilson King McKenna Ruffier & Sos, LLP, was recently selected by the American Board of Trial Advocates (“ABOTA”) as an associate member. ABOTA recognizes attorneys who have distinguished themselves at trial and possess a reputation for ethics and professionalism. Michael Brady Lynch, Esq., of The Michael Brady Lynch Firm in Winter Park, spoke on March 11, 2017, in Ft. Lauderdale for Mass Torts Nexus on the subject Anticoagulant Uncontrollable Bleeding Litigation: Pradaxa, Xarelto and Eliquis. Michael also spoke on March 16, 2017, at the Ritz-Carlton Grande Lakes in Orlando for HB Litigation Conferences – Mass Tort Med School on the topic Emerging Litigation: Eliquis Uncontrollable Bleeding Risks. On the Move It looks like there have been quite a few promo-

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tions and firm changes since the last “Hearsay” column. Congratulations to all! Johanna W. Clark, Esq., and Daniel L. DeCubellis, Esq., were named comanaging shareholders of Carlton Fields’ Orlando office. Johanna is experienced defending companies in both state and federal courts in class actions, insurance bad faith litigation, and insurance coverage disputes. Daniel is Board Certified in Real Estate Law. Dara Jebrock, Esq., was elected partner with Rumberger, Kirk & Caldwell, P.A. Debra is Board Certified in Construction Law. Brett A. Foster, Esq., has become a shareholder in Patrick A. Carey, P.A., a collection firm in Orlando. Michael Kraynick, Esq., was promoted to partner at Godbold, Downing, Bill & Rentz, P.A. Michael focuses his practice on complex commercial disputes, business litigation, real estate litigation, construction litigation, homeowner’s association law, and condominium association law. Tara Tedrow, Esq., was promoted to senior associate at Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Tara practices in the firm’s real estate transactions, development, land use, and zoning practices. Abbye E. Alexander, Esq., has joined Quintairos, Prieto, Wood & Boyer, P.A., as a partner. Abbye’s practice focuses on complex business litigation and defending long-term care facilities. Michael J. Katz, Esq., has become a partner in the Orlando office of Roetzel & Andress. Michael’s practice focuses on commercial bankruptcy and creditors’ rights, commercial litigation, and commercial real estate. Alan P. Mirelman, Esq., became a partner with Ringer, Henry, Buckley & Seacord, P.A., practicing in the areas of insurance defense litigation with a concentration on medical malpractice, premises liability, insurance coverage, general liability, and commercial litigation. Andrew J. Hall, Esq., joined the Orlando office of Shuffield, Lowman & Wilson, P.A., focusing on commercial real estate transactions, lender representation, commercial leasing, and secured transactions. Richard M. Caron, Esq., joined Greenberg Traurig, LLP, as of counsel, focusing on real estate and the resort and hospitality industries. Robert D. Sowell, Esq., has joined the litigation team at BakerHostetler LLP, as theBriefs June 2017 Vol. 85 No. 5

With that, it’s a wrap on this month’s “Hearsay.” As always, this column is for your use. If you have any news you would like to share about your fellow OCBA members, please feel free to e-mail it to vanessa. braga@qpwblaw.com. See you next month.

an associate. His practice focuses on complex commercial litigation. Michael T. Sheridan, Esq., has joined Alvarez, Winthrop, Thompson & Storey, P.A., as an associate in the firm’s Orlando office. His practice focuses on complex commercial litigation, eminent domain, real estate law, municipal representation, and general civil matters. Daniel Smith, II, Esq., has joined Dellecker Wilson King McKenna Ruffier & Sos, LLP, as an associate. Daniel will focus on personal injury law, representing clients who have suffered serious injuries.

Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of nursing home and assisted living defense litigation, premises liability, and medical malpractice defense. She has been a member of the OCBA since 2014.

Maria E. Espinosa, Esq. Mediation ServiceS Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015 Bilingual English/Spanish

407-733-3662 espiesq@aol.com

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Thank you, for your quiet declaration of community. For helping those who were lost in a moment of need. For reminding us why we call Orlando, home. – Legal Aid Society

www.orangecountybar.org

PAGE 31

Speaker:

Florida Supreme Court Justice

Charley Wells

Tuesday, July 11, 2017 8:00 a.m.-9:30 a.m. OCBA Center OCBA Members Only FREE

by July 10

Limited Seating Breakfast Included

Tuesday, September 12, 2017 Please stay tuned… Sponsored by:

PAGE 32 www.orangecountybar.org

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ParalegalPost

“Even the best laid plans...”

I Wendy Spitler Toscano, Esq.

t seems to be a well-kept secret, completely unintentional on Valencia’s part, that Valencia College has an excellent short-term study abroad program for a community college. Little did I realize when I signed on as a faculty leader I would be deeply touched by the Pulse tragedy even while more than 4,000 miles away. Last summer I was fortunate enough to assist two information technology professors with their trip to London, accompanied by 26 Valencia IT students. One of my reasons for being in London, as if one needs a reason, was to scout out places to visit with my paralegal studies students. I was in the process of submitting a proposal to lead a program with paralegal students the following summer. Because of the airport bombings in Belgium and the terror attacks in France, Valencia required that we beef up our security protocol while abroad. To that end, the first thing we did when we arrived in London was to drive the students past the American Embassy. That was to be our first place of contact in the event of a terror attack. Second, we actually walked the students past the entrance to the London Zoo, which was near our hotel. That was the backup point of contact should the American Embassy not be feasible. What we were not prepared for with our carefully laid out plans was an attack five minutes from some of our homes and apartments in downtown Orlando. We first got word that something was going on in real time via the Internet while traveling on a train to Windsor Castle. One of the students saw a message come across his phone about a nightclub shooting occurring at that moment in downtown Orlando. Because of the time change, we were actually on the train while the attack was occurring. One of the students on the trip had worked at Pulse and other downtown bars and started to check Facebook posts and began receiving frantic text messages from friends search-

ing for other friends. Two of his friends were unaccounted for. They loved to dance and were last seen by friends on the dance floor. We soon learned while walking through Paddington Train Station that they had likely perished, which was confirmed later that evening. I spent the next day with the student. The shooting had turned his world upside down. Not only was he grieving for his friends, but he felt a sense of insecurity he had never felt before. He had such fond memories of Pulse as a safe place where people were free to be themselves. He said it was the kind of place where you were so relaxed and comfortable you could fall asleep and not worry about anything. While before, with his military background, he felt safe everywhere, now with something like this happening at Pulse, his sense of safety and security were forever altered. One thing that did shine through this tragedy was the outpouring of support from the British people as well as others from around the globe. The student attended the candlelight vigil that evening in London. Although it made him anxious on one hand because he was still processing what had happened, it also made him feel that he wasn’t so alone even though he was thousands of miles from family and friends. As for the future, neither of us plan to curb our travel plans. It is impossible to predict where tragedy will strike. What is important to remember is that we are all pieces of a larger pie: the world community. I firmly believe that the connections we make through travel breed understanding and tolerance, the opposite of ignorance and hate. Our hearts still ache for those who lost loved ones. Wendy Spitler Toscano, Esq., is a professor and Paralegal Studies Program chair at Valencia State College, Orlando, Florida.

There are moments in the history of every community when the people learn who they are. They are moments not of our choosing, but rather are thrust upon us. – Legal Aid Society

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www.orangecountybar.org

PAGE 33

Board of Governors Report continued from page 7

at $265 for active members and $175 for inactive members for the 16th consecutive year. The budget projects revenues of $41.7 million and expenses of $42.9 million, resulting in a $1.1 [sic] million deficit which will be adequately covered by reserves, if needed. After Bar member comments, the board will approve the final proposed budget for submission to the Florida Supreme Court for approval. A change requested by the Florida Supreme Court to proposed Rule 4-1.19 on collaborative law was approved. The change would require that clients be provided with information about and give informed consent to fees to be charged by the involved lawyers and mental health and financial experts. Ninth Judicial Circuit Board of Governors representatives: Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Paul L. SanGiovanni, Esq.; Morgan & Morgan, and Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A. They have been members of the OCBA since 1987, 1985, and 1986, respectively.

Major Seminars

See Announcements on page 37 for additional details

at the OCBA Center June 13

Veterans Committee

Veterans Court: Updates & Thoughts from the Orange/ Osceola Justice System CLE: 6.0 (pending) 10:00 a.m.-4:30 p.m.

June 21

Insurance Law Committee

The Use of Technology and Science in Defending Claims CLE: 2.0 (approved), including 1.0 technology general credit (pending), and 1.0 civil trial certification (pending.) 12:00 p.m.-3:30 p.m.

OCBA Store www.orangecountybar.org/products/seminars

Invite your colleagues to join the OCBA today! Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! 407-422-4551, ext. 225

Immigration Attorneys Do you have an E-2 client looking to buy a business? Country Aire Manor, a retirement mobile home park, located on US Hwy 98 in Dade City, Florida is for sale Call Marjorie Nanian, a partner, at (248) 231-7167 PAGE 34

Add the LRIS number to your playbook:

407-422-4537 Your support of LRIS helps fund member benefits, bar programs & community outreach activities. The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida

www.orangecountybar.org

theBriefs June 2017 Vol. 85 No. 5

10th Annual

Breakfast of Champions To Benefit

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

Thursday, November 2, 2017

7:30 a.m. until 9:00 a.m. Doors open at 7:00 a.m. for networking Presidential Ballroom at Church Street Station 225 South Garland Avenue, Orlando, FL 32801 Parking limited • Reservations Required SPONSORSHIPS AVAILABLE: Platinum - $10,000 • Gold - $5,000 • Silver - $2,500 Copper - $1,000 • Bronze - $500 SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials. For sponsorship or to make donations, visit:

www.legalaidocba.org

Go to Donation Tab, By Donation Note: 2017 Breakfast of Champions

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

theBriefs June 2017 Vol. 85 No. 5

FOR MORE INFORMATION CONTACT:

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

www.orangecountybar.org

PAGE 35

New M embe rs Attorneys Erica R. Berger Alamea D. Bitran Richa Choudhary Mehta Roman V. Faizorin David Gongora Russell P. Hintze Thomas E. Hynes Jerrell D. King Antonio G. Martin Stephen M. Mistoler

S u pport the oCBA! r eCom m e n d thiS Cou r Se!

Jessica L. Persaud Amy L. Phillips Megan M. WielandPulayya

Associate Clint Curtis

Affiliates Jeremy J. Siegel Samar Sultan

Florida Notary Service Online Course • Fast, easy, convenient • Available 24/7 • Online instructions • Telephone support About this course: The Notary Public course and the Notary Public Commission Renewal course are sponsored by Florida Notary Services.

Is your ﬁrm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225. Allen, Norton & Blue, P.A. Frank A. Hamner, P.A. McDonald Toole Wiggins, P.A. Amy E. Goodblatt, P.A. Gasdick Stanton Early, P.A. McMichen, Cinami & Demps PLLC Anderson & Ferrin, Attorneys at Law, P.A. Giles & Robinson, P.A. McMillen Law Firm, P.A. Anderson Hew, PLLC Harris Harris Bauerle Ziegler Lopez McShane & McShane Law Firm, P.A. Arwani Nava Law Firm, PLLC Heatwole Law Firm, P.A. Meenakshi A. Hirani, P.A. Banker Lopez Gassler P.A. Higley & Szabo, P.A. Meglino Morse Law, LLC Barrister Law Firm, P.A. Hilyard, Bogan & Palmer, P.A. Men’s Divorce Law Firm Benitez Law Group, P.L. Hornsby Law Morgan, White-Davis & Martinez, P.A. Beshara, P.A. Infocus Family Law Firm, P.L. Murphy & Berglund, PLLC Billings, Morgan & Boatwright, LLC Jill S. Schwartz & Associates, P.A. Murrah Doyle & Wigle P.A. Bodiford Law Group Keating & Schlitt, P.A. N. Diane Holmes, P.A. Burr & Forman King, Blackwell, Zehnder & Wermuth, P.A. O’Mara Law Group Carr Law Firm, P.A. Korshak & Associates, P.A. Ossinsky & Cathcart, P.A. Cole, Scott & Kissane, P.A. Kosto & Rotella, P.A. Pates Law Group, P.A. Colling Gilbert Wright & Carter, LLC Law Offices of Amber Jade F. Johnson, P.A. Provencher & Simmons, P.A. Cullen & Hemphill, P.A. Law Offices of Brent C. Miller, P.A. Ringer Henry Buckley & Seacord, P.A. Cynthia Conlin & Associates Law Offices of Mark L. Horwitz, P.A. Roman V. Hammes, P.L. DeCiccio & Johnson Legal Aid Society of OCBA, Inc. Rumberger, Kirk & Caldwell P.A. Dellecker Wilson King McKenna Lewis & Crichton Sasser & Weber, P.A. Ruffier & Sos, LLP Lim & Associates, P.A. Sawyer & Sawyer, P.A. Divine & Estes, P.A. Lynn B. Aust, P.L. SeifertMiller, LLC Faddis & Faddis, P.A. Marcus & Myers, P.A. Small Business Counsel Fassett, Anthony & Taylor, P.A. Marshall, Dennehey, Warner, Southern Trial Counsel Fisher Rushmer Coleman & Goggin Stovash, Case & Tingley

Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Dill Law Group The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Llabona Law Group The Maher Law Firm, P.A. The Orlando Law Group The Skambis Law Firm The Smith Family Law Firm, P.A. Vose Law Firm, LLP Warner & Warner, P.L. West, Green & Associates, P.L. Wicker, Smith, O’Hara, et al. Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Winderweedle, Haines, et al. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.