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OCBA ... Your Bar Association! June 2015 Vol. 83 No. 5
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Upchurch Watson White & Max: Florida’s Mediation Destination OUR OCBA SUPPORT
Paralegal Boot Camp Annual OCBA Gala
When fall rolls around, mediator Michelle Jernigan is apt to don her fatigues to take part. This year’s boot camp will be Oct. 16 and 17 at the Orange County Bar Association offices.
2015 was a very good year for this April gala; UWWM was a gold-level sponsor, and several of our mediators attended. The gala benefits the Legal Aid Society and the Orange County Bar Foundation.
Annual Major Seminar Bench Bar Conference
Traditionally, UWWM has provided a speaker or co-sponsored lunch, or both, for this educational program. For the 2015 event, mediator Brandon Peters spoke on effective pre-mediation summaries.
Upchurch Watson White & Max plans to continue as a faithful sponsor of this biennial conference, which has grown over the course of the Orange County Bar Association’s 80-year history.
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the Briefs
Contents 3
18-19
President’s Message Everything I Needed to Know about Practicing Law I Learned in Pre-school Jamie Billotte Moses, Esq.
©2015
Inaugural Law Day 5k Run
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2015 OCBA Gala Professionalism Committee Remarks upon Receipt of the 2015 James G. Law Week Luncheon Glazebrook Memorial Bar Service Award The Hon. Bob LeBlanc Law Week Naturalization Ceremony Law Week Wolf v. Pig Mock Trials Judicial Investitures YLS on the Move Clerk’s Corner Chanel A. Mosley, Esq. Operation Green Light Collects Hundreds of Thousands in Outstanding Fees and Fines Tiffany Moore Russell, Esq. OCBA Professionalism Awards Ceremony
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Co-Editors Vincent Falcone, Esq. & Carrie Ann Wozniak, Esq. Associate Editors David A. Meek, Esq., Elizabeth Collins Plummer, Esq. & Téa Sisic, Esq. Hearsay Columnist Christine A. Wasula, Esq.
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Side Bar Columnist Sunny Lim Hillary, Esq.
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YLS Columnist Chanel A. Mosley, Esq. w OFFICERS Jamie Billotte Moses, Esq., President Wiley S. Boston, Esq., President-Elect Elizabeth F. McCausland, Esq., Treasurer Richard S. Dellinger, Secretary w EXECUTIVE COUNCIL Jared Brooks, Esq. Phillip K. Calandrino, Esq. Mary Ann Etzler, Esq. A. Felipe Guerrero, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Ryan Williams, Esq. Nicholas A. Shannin, Esq., Ex Officio Amber N. Davis, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch
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Board of Governors Report Diversity & Inclusion Committee Report from The Florida Bar Board of Governors A Symphony of Voices Wayne L. Helsby, Esq. Larry D. Smith, Esq. Mary Ann Morgan, Esq. Paul L. SanGiovanni, Esq. Paralegal Post Microsoft Excel Beyond Accounting Intellectual Property Committee and Financial Reporting Software 2015: Outpacing 21st Century Michelle Gerena Legal Protections Thomas C. McThenia Jr., Esq. Christopher M. Ramsey, Esq., Ph.D. New Members Jason A. Zimmerman, Esq. Rainmaking Criminal Law Committee The Blanche Dubois Theory of Marketing Intoxilyzer 8000 Litigation in Michael Hammond, Esq. Orange County Florida David A. Fear, Esq. Matthews R. Bark, Esq., OCBA Annual Texas Hold ‘em Charity Poker Tournament & Happy Hour Legal Aid Society LAS Teaching Tips Helping Veterans Navigate Legal Announcements Obstacle Courses Jamos K. Mobley, Esq. Classifieds
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Legal Aid Society What We Do... Delinquency/Dependency Crossover Kate E. York, Esq.
Communications Assistant Darshini Ramkarran
40 Calendar
Marketing & Sponsorship Coordinator Amanda Nethero
16 Legal Aid Society GAL Teaching Tips Top GAL Pleadings: A Continuation Kate E. York, Esq.
DEADLINE INFORMATION
Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Beohm, 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 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-422-4551 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-422-4551 Young Lawyers Section 407-422-4551
theBriefs June 2015 Vol. 83 No. 5
President’sMessage
June 2015
Everything I Needed to Know about Practicing Law I Learned in Pre-school
O Jamie Billotte Moses, Esq.
theBriefs June 2015 Vol. 83 No. 5
ne of the first things you’re warned about when you become president-elect of the Orange County Bar Association is that you have to write the dreaded President’s Message for The Briefs during your presidency. No biggy, right? I can do this. I am an appellate lawyer. Writing is certainly not a problem. But when I sat down to do it, questions haunted me: “What do our members want to read? Why would they want to hear from me? What can I say that hasn’t been said before?” Ugh! For the first time in 21 years of practice, I had writer’s block. I started looking around my office. Among the binders of records on appeal, family photos, and memorabilia hang my diplomas. Not just my college and law school diplomas, but my diploma from pre-school. And so it began… On June 14, 1974, I obtained my Master of Pre-School Arts and Skills from the June Bug Pre-school in Orange County, California. When I graduated from law school twenty years later, I framed my law school diploma and decided to frame my pre-school diploma at the same time. They’ve been together ever since. As time goes on, my pre-school diploma continues to remind me what really matters in life, and how I should conduct myself on a daily basis. Really, it is that simple. We Learned to Get Along with Others The practice of law is difficult. It can be incredibly stressful. That difficulty and stress are amplified when the people with whom you are forced to work are challenging. No matter how tough a case is, a resolution comes easier when the parties get along. Yet, so many see opposing counsel or the opposing party as enemy number one. Nevertheless, it is as simple as it was in 1974. Learning to get along with others is a skill we should all master. No biting! No hitting! No yelling or name calling! We Learned to Paint / We Learned to Work with Clay Whenever a young lawyer asks me what I believe the most important thing to do for his or her future success is, I always say, “Be a good lawyer.” No amount of networking or bar involvement can cure incompetence. Want to make partner
at your firm? Want to get more clients? Become the best lawyer you can be. Competence far outweighs any other attribute you may have, while incompetence can sabotage a career. After all, the practice of law is a business, and to get business you have to be good at what you do. In other words, your finger painting better be prettier than the next guy’s. We Learned to do Things for Ourselves Too many lawyers try to be someone they are not. Even more lawyers use others’ work product as their own. Plagiarism may be the greatest form of flattery, but it can get you in trouble in our line of work. Lawyers must not rely so much on others to do their job that they are not really acting as a lawyer. You are ultimately accountable for your work product, regardless of who may have actually done it. Consequently, a good lawyer learns to do things for herself before delegating or supervising others. We Learned to Sit and Pay Attention It is so difficult to pay attention to what is going on when life is coming at you in a million directions and at the speed of light. Nevertheless, if we can slow down and pay attention, solutions or possible avenues of resolution will be easier to spot. A wise man once said to me, “If you want to win your case, listen to your client.” Often times our clients have the information to help us help them, but we are too busy being the lawyer, the one who is supposed to know everything. But our clients lived the incident, transaction, negotiations, or marriage. Take the time to hear your client’s thoughts on what is important. You would be surprised just how much he can help you. Staff, paralegals, and other people you work with on a daily basis are great resources as well. They will show you how things can be done better. Don’t ever miss the opportunity to learn from others. We Learned to Play Together This profession is competitive, and the demands upon us are ever increasing. Furthermore, the market is changing at such a rate that even nonlawyers are competing for our clients. If we lawyers do not learn to make this profession more affordable, and easier to navigate through – within reasonable timeframes – we risk pricing ourselves out of our own profession. The “meet and confer” requirements of our rules are there for a pur-
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theBriefs June 2015 Vol. 83 No. 5
ProfessionalismCommittee
I The Hon. Bob LeBlanc
theBriefs June 2015 Vol. 83 No. 5
Remarks upon Receipt of the 2015 James G. Glazebrook Memorial Bar Service Award
t is indeed humbling enough to be nominated for the James G. Glazebrook Memorial Bar Service Award, but what a tremendous honor and blessing to be the recipient. I will remain forever grateful for this kindness. To paraphrase a famous U.S. Supreme Court opinion, I may not be able to define professionalism, but I know it when I see it. I recognized professionalism almost 30 years ago when the elected public defender, Joe DuRocher, came to my office to congratulate me on finishing my first trial my very first week as a young lawyer. I lost and I was crushed, but he handed me a book inscribed with kind words and supported my efforts, regardless of the outcome. He inspired me with his kindness, his ethics, and his professionalism. In his mind, it was not the loss or the win but the effort made for the benefit of someone else that counted. I recognized professionalism more than 20 years ago when I was invited to join a start-up group that was going to raise funds for Teen Court scholarships (with Teen Court itself a program at the time in its very infancy). Attorney (now judge) John Kest, along with several wonderful people, welcomed me into the group, and over many, many meetings and phone conversations, the 501(c)3 paperwork for Teen Alternatives, Inc. took shape, and I was proud to be included as a founding member. I have remained a supporter of this wonderful effort and have always been grateful to experience what professional lawyers can accomplish when they work together for the benefit of someone else. With Teen Court having no money initially to even consider a proper venue, the Kests kindly offered their lake house for our annual Teen Court picnic and scholarship awards presentations for years! Again, a great example of their professionalism for the benefit of someone else. I recognized professionalism almost 25 years ago as a criminal attorney still in my salad days, when Judge Alice Blackwell insisted I come to an Inns of Court meeting with her to meet some folks on the civil side of law. I was probably insecure and unsure of myself in that first meeting, but Judge Blackwell insisted that through the Inns of Court I would meet my contemporaries in many other practices of law and would develop relationships necessary for a fulfilling career as a lawyer. How right she was.
I knew professionalism 12 years ago when I entered the Mennello Museum of American Art and discovered a board of directors as anxious for my participation as I was for the world of art my eyes were opened to. I was honored to serve there for 12 years and feel fortunate for those wonderful experiences outside of the law that broadened my horizons. And while I certainly intended a shout-out to the mentors named above, there are too many other examples I could give throughout my years as a lawyer and a judge and a member of my community that support the notion that professionalism is indeed alive and well. Those who have mentored me over the years know who they are and I am forever grateful to those who took the time to guide me, offer me advice, and lead me by their example. There certainly is no slight intended for those not mentioned here. We all share a commitment to excellence. We all share the notion that one generation guides another to both attain and maintain standards of ethics and professionalism and then to attain new heights of excellence, of practice, of professionalism. Professionalism is the expression of that commitment. It is not just doing your job (although it most certainly encompasses doing your job well). It is going beyond that. It is taking the time to share a cup of coffee or a lunch-hour sandwich with someone looking for advice, looking for example, looking for a connection. It is the judge or elder lawyer providing guidance to the younger lawyer. It is the younger lawyer providing guidance to the law student. It is the law student looking up to the elder lawyer or judge for that guidance. This is the mixology of our profession. This is the mixology of professionalism. I have found over the years that very often when asked for my participation in a seminar, in a group debate, or in a panel discussion, it is not always the substantive law that is debated. Rather, our discussion often circles around the more ethereal topics that go beyond the rule of law and instead try to define concepts beyond law: concepts of ethics, of professionalism, of friendship in legal circles. Again, they are not always easy to define, but one learns to know them when one sees them. And maybe it is just a function of getting older,
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Back row: Ashanti Jones, FAMU College of Law Rising 3L and Student Bar Association President Chief Judge Frederick J. Lauten, Ninth Judicial Circuit Lisa M. Marcum, Firm Administrator, McDonald Toole Wiggins, P.A. Thomas W. Young, Esq., Thomas Wade Young, P.L. (specializing in appeals) Andre T. Young, Esq., The Young Law Firm of Florida, LLC, Paul C. Perkins Bar Association President Nicholas G. Grounds, Prudential Financial and Leadership Law Alumni Judge Tina L. Caraballo, County Civil Adekemi Akinwole, Barry University Dwayne O. Andreas School of Law Rising 3L and Student Bar Association President Front row: Daryl M. Bloodworth, Esq., Dean Mead, OCBA President 1982-83 Lisa Gong Guerrero, Esq., Assistant State Attorney, Ninth Judicial Circuit Jamie Billotte Moses, Esq., Fisher Rushmer, P.A., OCBA President Tiffany V. Colbert, Esq., The Colbert Law Firm (with an emphasis in criminal defense)
On theCover
PHOTO: Flo Boehm, Boehm & Boehm Forensic Media Consulting
President’sMessage continued from page 3
pose. Many issues we insist on having heard can be resolved if the parties meaningfully discuss the issues. Nevertheless, in our effort to be zealous advocates, we lose sight of the ultimate goal. We must learn to work together to resolve our clients’ issues. Play nice! I know this is all easier said than done, but nothing has changed in the forty years since my first degree. I may be playing in a different sandbox, but the rules are still the same. I just wish I could still take a nap everyday. Wow! That wasn’t that hard. Only 8 more to worry about… Jamie Billotte Moses, Esq., is a shareholder with Fisher Rushmer, P.A. She is a board certified appellate specialist. Additionally, Ms. Moses defends lawyers and real estate professionals in litigation and licensing complaints. She has been a member of the OCBA since 1994.
The Young Lawyers Section of the Orange County Bar Association Presents
An Afternoon at the State Courthouse This seminar provides insight into local judicial policies and procedures, universal courtroom decorum, and helpful hints for attorneys practicing law throughout Central Florida. The seminar is taught by current judges and is designed for attorneys, law students, paralegals, paralegal students, and other legal assistants and is open to the public.
Friday, June 26, 2015 • 1:00 p.m.-5:00 p.m. Orange County Courthouse • 425 N. Orange Avenue, Orlando, FL Jury Assembly Room – First Floor $
10 by June 19; $15 thereafter
To register, go to the YLS Events section of the OCBA Store. http://www.orangecountybar.org/ylsproducts For details, contact: Paige L. Carlos, Esq. at Paige@nejamelaw.com, or (407)-245-1232
Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE! www.orangecountybar.org/store Login for Member Pricing! PAGE 6 www.orangecountybar.org
theBriefs June 2015 Vol. 83 No. 5
JudicialInvestitures Investiture Ceremony
March 27, 2015 Dr. Phillips Center for the Preforming Arts Circuit Court Honorable Elaine A. Barbour Honorable Kim Shepard Honorable Diana M. Tennis Honorable Kevin B. Weiss County Court Honorable Tina L. Caraballo Honorable Brian F. Duckworth
Rona Weiss, Hon. Kevin B. Weiss
Shelley Lauten, Chief Judge Frederick J. Lauten, Wendy Nation, Mark A. Nation, Esq.
Hon. Brian F. Duckworth (left), with brother, Hank Duckworth (center) and Andy Gardiner, President of the Florida Senate (right).
Chief Judge Frederick J. Lauten, Hon. Diana M. Tennis, Nicholas A. Shannin, Esq., Heather Martin
The Hon. Tina L. Caraballo (right), with husband, Luis Caraballo (left), and brother-in-law, Francisco Caraballo (center ).
Investiture Ceremony April 17, 2015 Orange County Courthouse
Investiture of The Honorable James A. Edwards as District Judge of the Fifth Judicial District Court of Appeal
Judges of the Fifth District Court of Appeal Left to right: Steve Edwards; Kelly Edwards and Oliver Edwards; Scott Edwards; Judge Jim Edwards; Marsha Edwards Judge Jim Edwards with grandson, Oliver PHOTOS: Flo Boehm, Boehm & Boehm Forensic Media Consulting
Judge Jim Edwards, Marsha Edwards
theBriefs June 2015 Vol. 83 No. 5
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Clerk’sCorner Operation Green Light Collects Hundreds of Thousands in Outstanding Fees and Fines
H Tiffany Moore Russell, Esq. Orange County Clerk of Courts
ere at the Orange County Clerk of Courts we are constitutionally charged with collecting fees and fines on cases. Collecting fees and fines helps ensure funds are properly distributed to local and state agencies, as well as to victims of crimes in the form of restitution. That is why my office took part in an initiative in late April called Operation Green Light, a special two-day event that allowed customers with overdue tickets or fines to come to the clerk’s office to pay their fines and late fees in full while saving the 40 percent collection agency surcharge. During this statewide initiative, our office served 860 customers and collected more than $517,000 in overdue traffic tickets and outstanding criminal fines. As a bonus, 210 customers were able to reinstate their driver’s licenses during Operation Green Light. For customers with multiple cases, the savings from Operation Green Light was substantial, with many saving hundreds, even thousands of dollars. The county and the many municipalities served by the clerk’s office will now receive revenue they might not have otherwise received.
Another positive result was that more than $10,000 of the revenue collected was in the form of restitution that will now go to victims of crimes in 24 separate criminal cases. That is money many of those victims may never have seen. Operation Green Light was a first for the Orange County Clerk of Courts, and I am pleased that the initiative allowed citizens to settle their outstanding cases with considerable savings. Many citizens traveled long distances and many more arrived early to participate in Operation Green Light. As you can see, Operation Green Light’s success can be measured in a number of ways. I want to thank everyone involved who worked extremely hard and made this project such a tremendous success. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.
It’s Time to Update Your Photo for the OCBA Online Membership Directory RCL Portrait Design will be at the OCBA on the following dates to take your free professional portrait for the OCBA Online Membership Directory: Various Dates in July
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.
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theBriefs June 2015 Vol. 83 No. 5
Board of GovernorsReport
T Wayne L. Helsby, Esq.
Mary Ann Morgan, Esq.
Paul L. SanGiovanni, Esq.
theBriefs June 2015 Vol. 83 No. 5
Report from The Florida Bar Board of Governors
he Florida Bar Board of Governors met on March 27, 2015. The major actions of the board and reports received included: The Vision 2016 Access to Legal Services Committee recommended amendments to the civil rules of procedure and rules of judicial administration to allow lawyers to provide some unbundled legal services, also known as limited scope representation or limited appearance representation, in civil cases. This is a practice currently available in some other types of court cases. The recommendations now go to appropriate procedural rules committees for review. The Florida Commission on Access to Civil Justice is also studying how unbundled legal services could increase access to civil justice. The Vision 2016 Technology Committee is working on a number of proposals, including: establishing a standing committee on technology to study and advise on law practice technology applications and a board committee to liaise with the Florida Courts Technology Commission; developing referral and document services to help lawyers gain new clients and to provide legal services for the 60% of Floridians who do not qualify for legal aid but cannot afford traditional legal services; and to include technology competence as a part of increased continuing legal education requirements. The 2015-16 budget was approved, keeping annual membership fees at $265 for active members and $175 for inactive members. Bar revenues are projected to be $41.3 million and expenses at $44.2 million, including $19.8 million for the regulation of the practice of law. The budget is being submitted to the Florida Supreme Court for approval. The Florida Bar’s fiscal year begins July 1. The Young Lawyers Division designated May 2015 as “The Florida Bar YLD Health & Wellness Month” to coincide with National Mental Health Awareness Month and to start conversations on strategies for improving lives. YLD posted easy mental health and wellness challenges daily on social media with specific tips, video clips, and relevant articles. The main platforms for com-
munication were the YLD’s Facebook, LinkedIn, and Twitter. Members were encouraged to post photos or comments related to the May initiative hash tagged with #livewell. In addition, YLD affiliates sponsored local quality of life activities. The Florida Bar is tracking hundreds of bills of interest to the legal profession and is advocating for court system funding matters. Florida Bar section and committee legislative positions are posted on the website along with weekly session updates, bill tracking reports, and other legislative session information. The 2015 Annual Convention will feature a oneday legal technology and innovation seminar on June 24 powered by Clio, one of the leaders in cloud based practice management software and a Florida Bar member benefit provider. The program, “InSession: Transforming Practice Through Technology,” will provide the latest on law and technology issues presented by world-class speakers, with the keynote address provided by legal futurist Richard Susskind, OBE. Topics will include: practicing in the post-information age; video technology; technology trends for law firms; virtual communication and collaboration; the paperless firm; digital marketing for law firms; entrepreneurship in law; and content marketing for lawyers, among others. The following appointments were made: Dwight O. Slater, Esq. of Tallahassee for a two-year term on the Supreme Court Bar Admissions Committee; Frank A. Ashton, Esq. of Jacksonville Beach, Thomas E. Glick, Esq. of North Miami, and Maria T. Fabre, Esq. of Orlando for four-year terms on the Statewide Nominating Commission for Judges of Compensation Claims; and Craig A. Dennis, Esq. of Tallahassee for a four-year term on the Florida Patient’s Compensation Fund. Published by The Florida Bar. Ninth Judicial Circuit Board of Governors Representatives: Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A.; Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Paul L. SanGiovanni, Esq., Morgan & Morgan. They have been members of the OCBA since 1983, 1987, 1987, respectively.
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Intellectual PropertyCommittee
I
Software 2015: Outpacing 21st Century Legal Protections
n the 19th century, the development and expansion of railroads stretched existing legal doctrines and forced evolutions in tort, property, eminent domain, and contract law. Similarly, the increasingly ubiquitous presence of software in life and business in the 21st century is stretching existing, and creating demands for, new legal protections and strategies. The pace of adoption of new uses of software is so fast that the laws (and Thomas C. McThenia Jr., Esq. legal practitioners) are being forced to constantly and swiftly adapt or risk being left at the station. This article addresses two representative legal areas feeling the push of changing legal demands related to software in 2015: patent law and data security. Patent Law – Software 2015 With a constitutional purpose of promoting the useful arts,1 one might expect patent law to be best equipped to deal with advances in computer software. The patentability of software, however, has presented an enigma for courts and practitioners for decades. In 2015, some might argue there is less clarity on the patentability of software than in the past. In pursuing a patent for most inventions other Christopher M. Ramsey, Esq., Ph.D. than software, the typical hurdles are showing an invention is novel under 35 U.S.C. § 102 and non-obvious under 35 U.S.C. § 103 when compared to “prior art,” which includes prior information that is available to the public. By comparison, courts have struggled for decades with how software inventions fit with the standard of patentable subject matter. In order to patent an invention, one must first qualify it as patent-eligible subject matter under 35 U.S.C. § 101, which includes any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. Software appears to fit into the categories of useful processes, machines, or articles of manufacture. The patent law, however, also excludes three categories relevant to software Jason A. Zimmerman, Esq. inventions: laws of nature, physical phenomena, and abstract ideas.2
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in the abstract.4 In 1978, in Parker v. Flook, the Supreme Court determined that inventors cannot circumvent the abstract idea exception by attempting to limit the use of a mathematical algorithm to a particular technology area.5 In 1980, in Diamond v. Diehr, the Court concluded that, while an abstract idea or mathematical algorithm is not patentable, an application of the mathematical formula to a known structure or process may be,6 which in this case was a mathematical formula in an industrial process for molding rubber products.7 These cases took place during the era of early software development typically deployed on mainframe computers. The impact of these cases was limited to a small group of industries and users. Alongside the rise of personal computing and the development of software for widespread consumer use, the United States Court of Appeals for the Federal Circuit (CAFC) was formed in 1982. The CAFC interpreted the Supreme Court’s software patent precedent more favorably to the software industry with a resulting increase in software patents. Patentability of software and Internet methods was dealt a boon in 1998 in the State Street Bank case that held a practical application of a mathematical algorithm that produced a useful, concrete, and tangible result was patentable subject matter.8 The results of State Street Bank and its progeny resulted in a boom in software patent activity coinciding with the explosion of Internet 1.0 and 2.0. In In re Bilski (Bilski I),9 however, the CAFC made an about-face on software patentability, rejecting the useful, concrete, and tangible result test in favor of a new test – the machine-ortransformation test. Needless to say, Bilski I was problematic as it opened the door to challenges of the validity of software patents and created uncertainty as to patent eligibility of software. The patent bar hoped that the Supreme Court would bring clarity; however, in Bilski v. Kappos (Bilski II),10 the Supreme Court pointed to Benson, Flook, and Diehr as useful guideposts, yet it did not necessarily endorse any of them, leaving continued uncertainty. Early cases affecting the patentability of software 11 dealt with the patent eligibility of mathematical In 2014, in the Alice Corp. v. CLS Bank case, algorithms. In 1972, in Gottschalk v. Benson, the the Supreme Court took another pass at patentU.S. Supreme Court determined that a math- able subject matter with software inventions. The ematical algorithm is an unpatentable abstract Court found patent claims directed to a computidea3 and not a “process” under § 101 because erized scheme to mitigate settlement risk were idea and were not a patentone cannot claim exclusive rights over a principle, drawn to an abstract eligible invention.12 In doing so, the Court aptheBriefs June 2015 Vol. 83 No. 5 www.orangecountybar.org
plied a two-prong test for determining patent eligibility under § 101: (1) determine whether the claims at issue are directed to an abstract idea and, if so, (2) determine whether the claims at issue contain an inventive concept sufficient to transform the claimed abstract idea into a patent-eligible application.13 The practical implementation of this test has varied from patent examiner to patent examiner and from court to court.14 The test under Alice effectively requires a software invention to be patentable in view of the prior art in order to qualify for patent eligibility under § 101. This test mixes the § 101 patent-eligibility analysis with patentability over the prior art under §§ 102 and 103. As a result of Alice, patent examiners are increasingly rejecting software inventions under § 101 without citing the required prior art to show that the claimed invention is not novel or is obvious. Practitioners and applicants are uncertain as to how the interplay between the prior art and the patent-eligibility analysis of § 101 is supposed to work. Instead of clarity, Alice has increased uncertainty about whether and how to patent a software invention beyond what existed a few years ago. Further, with what seems to be a continually evolving interpretation of the patentable subject matter standard for software, it is difficult to know whether to invest in obtaining new patents or enforcing existing ones. This uncertainty exists at a time of continued growth in the use and development of new software products and methods, such as the cloud. Patent holders are wise to review their existing software patent portfolios, particularly before exerting their patents against infringers. Data Security As recently as the 1997 State Street Bank era, most people still used phone books and landlines, and smart phones were still on the drawing board. In just the past decade, our lives and businesses have been radically transformed – with Internet and cloud-based connectivity and access from anywhere in the world. Because of the prevalence and ease of transmitting and accessing information, one risk has escalated exponentially: data security breaches. The law and users have had a difficult time reacting and predicting how and who will be hit by these breaches. In 2014, Florida revised several information technology laws, including a significant revision to the Information Protection Act for consumer protections. Such laws do not prevent the problems, rather merely provide statutory remediation. With intheBriefs June 2015 Vol. 83 No. 5
creasingly widespread data security breaches, such as with the Florida Department of Elections15 and G.H. Bass & Co.,16 corporations are relying more and more on their attorneys to assist with navigating these new waters. Unfortunately, law enforcement officials tasked with enforcing these laws are equally new to the task. With the amount of data available to companies, and the ease with which computers permit companies to store and share that data, every industry now has to concern itself with private and personal data and reporting requirements. While the health care industry has dealt with HIPAA reporting requirements for data breaches for almost a decade, other industries have yet to feel the impact and do not necessarily understand the obligations imposed on them. To appropriately counsel their clients, attorneys adept enough with technology and an understanding of the expansive influence of software, are required to deal with the growing field of security breaches. The liability for data breaches does not stop at following the new and complex notification requirements. Even after successful remediation efforts, whether it be by certification through the appropriate law enforcement agency (that there is no reasonable belief of future identify theft or financial loss), or distributing appropriate data breach notifications, a corporation still must contend with the typical step – defending a lawsuit. The frightening difference between the railroad cases from the 19th century and the data breach cases of the 21st is the sheer amount of data that is stored with these companies and the amount of potential putative plaintiffs. Florida has seen putative classes bring causes of action ranging from intentional tort-based claims, to negligence actions, and to breach of contract claims alleging violations of user agreements and admissions contracts.17 The creativity of plaintiffs in crafting these causes of actions is forcing corporations to think long and hard about
the level of security and access they provide to their software and data. These risks are forcing reevaluation of how internal access is given to employees, how software is presented to its end users, and what changes need to be made to long-standing contracts and employment agreements. An important consideration for clients in this evolving software market is to ensure that when contracting for software-related services, appropriate intellectual property protections, data security, and other contract clauses are included to protect them from harm. Key contract and negotiation considerations are business associate agreements that address data breach obligations, reporting requirements and compliance with federal and state privacy laws, strong indemnification provisions, and adequate access and offsite back-up data facilities. An interesting development in the software and cloud environment is the December 2014 publication by IBM of a standard two-page contract for cloud software that provides specifics for different software offerings in incorporated transaction documents.18 The question remains whether this IBM effort will provide more standardization for cloud service contracts as their software-license terms in the early software days created new industry standards for software warranties and limitations of liabilities. Paradoxically, the aforementioned uncertainty as to software patentability is occurring at a time when software innovation is at a frenetic pace, the amount of data that is being transmitted and stored is growing at an alarming rate, and security is needed more than ever. Conclusion Unlike the early days of the railroad where the law had time to evolve, the rate of change and the ever-increasing extension of software into the daily lives of individuals, businesses, and governments across continued page 30
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
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Criminal LawCommittee
Intoxilyzer 8000 Litigation in Orange County Florida
T Matthews R. Bark, Esq.
David A. Fear, Esq.
he admissibility of breath alcohol test results from an Intoxilyzer 8000 is likely the single most complicated issue in the county courts of the Ninth Judicial Circuit. Since the Intoxilyzer 8000 replaced the previous 5000 version in 2006, defense attorneys have sought – with great success – to suppress or exclude the test results in a large number of driving under the influence (DUI) cases. They have been most successful when asking the courts to order prosecutors to produce the Intoxilyzer 8000’s source code in discovery, claiming that it is material to their defense. The prosecutors have been unable to do this because of the manufacturer’s claim that it is protected intellectual property. This article is intended to quickly bring the casual legal reader up to speed on the nature, history, and current state of this litigation. Breath Test Evidence Florida statutes govern the admissibility of breath alcohol test evidence in criminal cases. Section 316.1934(5), Florida Statutes, sets forth the requirements for a breath test affidavit’s admissibility without further proof of scientific accuracy and reliability. This is commonly referred to as the “short-form” predicate. In lieu of the short-form, the State can admit breath test evidence in the traditional manner, also known as the “scientific” or “long-form” predicate. The long-form is governed by case law and requires the State to prove the scientific accuracy and reliability of the breath test instrument through expert testimony.1 Over the last few years in Orange County, the short-form predicate has been routinely excluded. Recently, the long-form predicate has been excluded as well. The Intoxilyzer 8000 The Intoxilyzer 8000 is an instrument that measures breath alcohol content. It is manufactured in Owensboro, Kentucky, by CMI, Inc. (CMI). It registers how much infrared light is absorbed by the ethanol in a breath sample and uses that information to generate a breath alcohol content result. This technique has been generally accepted and widely used by the scientific community since 1973.2
The Florida Legislature delegated its authority to the Alcohol Testing Program (ATP) of the Florida Department of Law Enforcement (FDLE) to regulate the operation, inspection, and registration of breath test instruments used in the driving and boating under the influence provisions located in chapters 316, 322, and 327 of the Florida StatPAGE 12
utes.3 FDLE chose the Intoxilyzer 8000 to be the only breath test instrument allowed for evidentiary use in the state of Florida. They have promulgated administrative regulations that govern the breath testing, operator certification, instrument use, and instrument maintenance.4 The FDLE is also responsible for purchasing the instruments from CMI. Source Code and Software The source code and software of the Intoxilyzer 8000 are the primary points of contention in the ongoing litigation. A source code is a set of operating instructions for a computer that is written by a computer programmer in a human-readable programming language (e.g., C++). It contains instructions that govern every action taken by the instrument. The source code is compiled (translated) by a program into a computer-readable language (e.g., binary). Such complied source code is the software that is ultimately loaded into the instrument to make it function. Florida Law In 2006, the Fifth District Court of Appeal decided Moe v. State, holding that the State did not possess the Intoxilyzer 5000 source code and could not obtain it.5 Three years later, litigation between the FDLE and CMI resulted in a declaratory judgment from Leon County that found the source code to be the sole intellectual property of CMI.6 After Moe, in State v. McGratty, et al., the Circuit Court of Orange County sitting in its appellate capacity held that the State did possess and was required to produce the Intoxilyzer 8000 software.7 The McGratty courts reasoned that the State was required to produce the software because it had a copy in its possession and because “the changes made between different versions may reasonably be considered admissible and useful to the defense in the sense that it is probably material and exculpatory.”8 Subsequently, the Fifth District Court of Appeal, in DHSMV v. Berne, held that software changes do not require re-approval under FDLE’s rules. 9 Thus, approval is likely not a basis for the disclosure of the source code and software. However, the Berne court did not directly address the issue of discovery under a materiality standard pursuant to rule 3.220(f ), Florida Rules of Criminal Procedure. The Florida Legislature also attempted to address this issue by amending section 316.1932(1)(f ) (4.), Florida Statutes, to read as follows:
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Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument. Even the Florida Supreme Court, in Ulloa v. State, addressed the source code issue. It held that the proper way for a DUI defendant to obtain the source code from CMI was by issuing a subpoena duces tecum in conformation with the Uniform Law.10 Important Orange County Decisions On June 20, 2008, in State v. Atkins, et al., after several days of hearings, ten Orange County criminal judges issued an order prohibiting the State from using the short-form predicate under section 316.1934(5), Florida Statutes, if it did not produce the source code of the Intoxilyzer 8000 to the defendants.11 The order was primarily based on the source code being material and thus discoverable under the Florida Rules of Criminal Procedure. This order was appealed by the State but later withdrawn.
State v. Ganuelas On December 5-9, 2013, in State v. Ganuelas, et al., seven of the ten Orange County criminal judges met to conduct an en masse hearing on defense motions to produce the source code. On September 22, 2014, the judges issued orders requiring the State to provide defendants effective access to the source code and software or be forbidden from introducing breath test evidence through either the short-form or long-form predicate.12 That order is currently under appeal by the State. Conclusion Currently, the admissibility of breath test evidence from the Intoxilyzer 8000 is in limbo. Many cases that were a part of the Ganuelas hearing that are currently under appeal have been stayed. In new cases with similar issues, some courts are requiring new hearings while others are simply entering the same Ganuelas order or joining the new cases to those already under appeal. In other instances, some courts are considering whether evidentiary hearings need to be held in order to determine whether the State has complied with the effective access ordered in Ganuelas. While awaiting the appellate ruling, new issues will surely continue to arise and the litigation does not have a foreseeable end.
from the Wake Forest School of Law in 2011 and is a board member of the OCBA’s Criminal Law Committee. He has been a member of the OCBA since 2011. Matthews R. Bark, Esq., Matthews R. Bark, P.A. is dedicated to the practice of criminal defense. He was an assistant state attorney and is the current co-chair of the OCBA’s Criminal Law Committee. He has been a member of the OCBA since 2008. See State v. Bender, 382 So. 2d 697 (Fla. 1980).
1
Rutledge v. NCL (Bahamas) Ltd., 446 F.Appx. 825, 828 (11th Cir. 2012) ( holding, “Alcohol breath tests have been generally recognized as reliable since at least 1973.”). 3 § 316.1932(1)(a)(2), (2006). 4 Fla. Admin. Code R. 11D-8. 5 Moe v. State, 944 So. 2d 1096, 1097 (Fla. 5th DCA 2006) (observing, “It is without dispute that the State does not have possession of the source code because it is the property of CMI, Inc. It is also without dispute that the code is a trade secret of CMI, Inc. and that CMI, Inc. has invoked its statutory and common law privileges protecting the code from disclosure. Therefore, the State cannot obtain possession of the code.”). 6 FDLE v. CMI, Inc., 2008-CA-003619 (Leon Cty. Cir. Ct., Sept. 10, 2009) (stating, “Accordingly, the Purchase Orders did not, as a matter of law, transfer the copyright to the operating software or source code of the Intoxilyzer 8000 to the State. The Intellectual Property, therefore, remains the property of CMI and is not the property of FDLE or DOS.”). 7 See State v. McGratty, 16 Fla. L. Weekly Supp. 858a (Orange Cty. Ct. June 20, 2007); State v. McGratty, 16 Fla. L. Weekly Supp. 813a (Orange Cty. Cir. Ct., June 29, 2009). 8 Id. 9 Dep’t of Highway Safety and Motor Vehicles v. Berne, 49 So. 3d 779 (Fla. 5th DCA 2010) (concluding, “Finally, paragraph 6 specifically provides that a new software version does not negate the prior approval of an instrument.”). 10 Ulloa v. CMI, Inc., 133 So. 3d 914, 924-25 (Fla. 2013) (stating,“Accordingly, we conclude that parties must follow the procedures of the Uniform Law when seeking to obtain documents located out-of-state from an out-of-state, nonparty witness through a subpoena duces tecum, as well when seeking testimony or seeking both testimony and documents.”). 11 State v. Atkins, 16 Fla. L. Weekly Supp. 251A (Fla. Orange Cty. Ct. June 20, 2008). 12 See State v. Ganuelas, 48-2011-CT-003092-A/O (Fla. Orange Cty. Ct. September 22, 2014) (the named case in the latest round of hearings) and State v. Michael Novoselac, 48-2012-CT-000700-E (Fla. Orange Cty. Ct. September 22, 2014) (the named case in the consolidated appeal). 2
Popovich Law Firm, P.A. Nikie Popovich, Attorney at Law Call: 407.965.2800 Email: nikie@popovichlawfirm.com CRIMINAL & CIVIL APPEALS
David A. Fear, Esq., has spent his legal career as an assistant state attorney with the Ninth Judicial Circuit for Orange County. He graduated
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Legal Aid SocietyLAS Teaching Tips
A Jamos K. Mobley, Esq.
Helping Veterans Navigate Legal Obstacle Courses
s a former member of the United States Air Force, I am always ready to give back to fellow veterans who have served their country. One of the reasons I chose to work at the Legal Aid Society is because there are so many veterans here in our community in need of a little help to make a big difference in their lives. Recently, I had the pleasure of assisting fellow veteran David Ray with a garnishment issue. I first learned about David through Legal Aid’s Veterans Advocacy, Legal Outreach, and Representation (VALOR) project. The VALOR project is an opportunity for attorneys to volunteer their time by assisting Legal Aid with intake at the local VA Medical Center. It was at one of these intake events that David explained that he had been served with notice of a garnishment on his wages. The intake attorney forwarded David’s application to Legal Aid for assistance. When we followed up, one of the first things I learned about David was that he also likes to give back to fellow veterans. You see, David works for the Paralyzed Veterans of America at the local VA Medical Center. I also learned that even though David himself is a paralyzed veteran, all he needed was help understanding what to do next, or as vets call them, “his marching orders,” and he would take care of the rest. Part of my advice to David was simple: the worst thing a person can do when served with a collection or garnishment action is to do nothing. Like most people in his situation, David did not have the benefit of law school, which left him unsure of where or how to begin. Quite often I hear questions like these: “Do I have any rights? What do I do next? What does this legal form mean? How much of my paycheck can they take?” These are all questions that an attorney can handle but which can be insurmountable obstacles for debtors trying to navigate the collections or garnishment process. Even if a person is aware of his or her rights, there are deadlines, forms, objections, motions, and hearings to deal with to ensure those rights are enforced. For me, this was a simple, straightforward issue. For David, and for most people, this was a confusing legal maze worthy of any military obstacle course.
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In David’s situation, he has a stipend from the VA because of his injuries and because he works for Paralyzed Veterans of America. Fortunately, his VA benefits are exempt from garnishment. And, because his income is the only source of support for his wife and four children, David qualifies as head of family under Florida law. That means he is eligible for an exemption to wage garnishment; however, claiming an exemption – any exemption – must be done within 20 days of receipt of the Notice of Garnishment. I explained this to David and we went through the process of filling out his claim of exemption and getting it filed within the 20 days. David’s exemption was ultimately granted, and he can continue to provide for his family without the wage garnishment. I wish I could say that David’s case was unique, but it is not. At Legal Aid, we have helped many other veterans with a wide range of legal issues. Something that David and I both agree on is that there is a tremendous need in our community for assistance to veterans in a variety of areas. Civil legal assistance is just one of those areas. But, it is an area of need with a solution. As attorneys, we are used to doing battle for our clients. I can think of nothing more rewarding than to do battle for those who bear the scars, visible or invisible, of the horrors of combat. Together we can make a difference in the lives of our veterans, our neighbors, and our community. Get involved. Make a difference. I promise you that service is its own reward. For information about volunteering with Legal Aid’s VALOR project, contact Jay Mobley, Esq., at jmobley@legalaidocba.org, or 407-841-8310. For more information about how to become a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org, or 407-515-1850. Jamos “Jay” Mobley, Esq., is a staff attorney at the Legal Aid Society of the OCBA, Inc. He has been a member of the OCBA since 2012.
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Legal Aid SocietyWhat We Do...
Delinquency/Dependency Crossover
T Kate E. York, Esq.
he Legal Aid Society’s amazing volunteer attorney Guardians ad Litem (GAL) have increasingly expressed an interest in representing their Guardian ad Litem children’s best interests in multiple courts. “Crossover” children, those children involved in both dependency and delinquency proceedings, are among the children with the largest need for volunteer attorney GAL best-interest representation. These children often face unique challenges because of their involvement in dual court proceedings. In the Ninth Judicial Circuit, dependency and delinquency proceedings are completely separate from one another. This means there are different judges, different attorneys, and different social workers trying to help or rehabilitate the child. While a multitude of assistance is helpful, unfortunately there is little to no communication among dependency and delinquency players, which can result in duplication of services, inappropriate or excessive probation terms, or unnecessary detention. Foster children may suffer a disadvantage in delinquency court, primarily because there is no one to advocate for the child who really knows what is going on in his or her life. Unlike Guardians ad Litem, juvenile public defenders do not approach the legal work solely from a child’s best-interest perspective. As a result, the public defender may not delve into why a foster child committed a delinquent act and what impact potential punishment and rehabilitation may have on the youth’s overall well-being. As the Guardian ad Litem for a crossover child, you can improve the outcomes in delinquency court immeasurably just by being present as moral support and a voice. You are the one with the knowledge of the child’s background and struggles. Many GALs have kept their child from unnecessary or excessive punishment through facilitating the child’s participation in delinquency hearings. For example, exceptional pro bono attorney GAL Christie Fisher, Esq., assisted dependent teenager, Brandi, avoid domestic battery charges that were based on statements made by Brandi’s severely mentally ill mother. Just this past year, I became the assigned GAL for a 17-year-old foster child named Emily. Emily was abandoned by her mother after years of verbal abuse. Emily was a shy, reserved, young woman, whose intelligence was apparent even though she did poorly in school. Emily was placed at Great Oaks Village (GOV), a group home located in
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Orlando. It took her time to make friends at GOV, and her initial isolation led her to be the target of bullying. One girl in particular, Bella, disliked Emily and was not afraid to show it. One Saturday morning, while many of the girls were watching a movie in the common room of the home, Bella approached Emily and began screaming at her, accusing Emily of stealing her boyfriend. Bella slapped and shoved Emily, and Emily retaliated by hitting Bella in the face. The two girls were quickly separated by the other residents of the cottage while a staff member called police. Once the police arrived, they questioned Bella first. Bella reported to police that Emily attacked her without provocation and had a split lip to support her statement. Emily did not seem to be injured. The police took statements from some (but not all) of the witnesses and then arrested Emily. When Emily told me about the incident the next day, she was traumatized at having to spend the night at the Juvenile Detention Center and was upset that the police didn’t listen to her side of things. Emily was charged with battery, and I attended her arraignment hearing with her. She pled not guilty. She was assigned a juvenile public defender, but by the time the case went to trial, Emily had had three different public defenders. Several months later I was present for the pretrial, but Emily was not – Emily’s transporter forgot about the hearing and did not bring her from school to the courthouse. When Emily’s case was called, the juvenile delinquency judge asked where the child was. The public defender had no idea. The judge began to issue a “take into custody” order, which authorizes the police to arrest a child and take him or her to the Juvenile Detention Center. Horrified at this possibility, I immediately spoke up. Once the judge was informed that the child was in foster care and was not transported to the hearing, he did not issue the custody order; he instead set the case for trial. I later spoke to the juvenile public defender, who had just learned for the first time that her client was a foster youth and that the alleged altercation occurred at a foster care group home. The juvenile public defender shared that she had been unable to speak with Emily and was unsure whether the assistant state attorney would offer any sort of plea deal. On the day of trial, Emily, her case manager
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Legal Aid SocietyGAL Teaching Tips
I Kate E. York, Esq.
Top GAL Pleadings: A Continuation
n the May 2015 issue of The Briefs, my colleague Bethanie Barber, Esq., wrote an article that outlined four key pleadings Guardians ad Litem (GALs) can use in order to effectively advocate for dependent youth (e.g., Guardian ad Litem Report, Motion for Visitation, Motion for Surrogate Educational Parent, and Motion for Status Hearing). In this article, I will outline several more essential pleadings GALs may use to be as successful a child advocate as possible.
GAL Termination of Parental Rights Report Most dependency cases result in the family (parents and children) receiving essential services and eventually reunifying. Unfortunately, sometimes the family cannot be safely reunited in a timely manner. This results in the Department of Children and Families filing a Termination of Parental Rights (TPR) Petition against the parent(s). If the court grants the TPR petition, then the child is legally free for adoption. In this scenario, the assigned GAL has an essential role in the TPR process. Florida Statute 39.807 (2014) requires the GAL to file a report that must include “a statement of the wishes of the child and the recommendations of the guardian ad litem.” It is recommended that the TPR report track all 11 factors outlined in the manifest best interest section of Chapter 39 (39.810). The judge will specifically look to the GAL report to determine whether the TPR is in the child’s manifest best interest. This report must be filed with the court at least 72 hours before the TPR disposition. Motion to Modify Case Plan to Add/Remove Tasks In most dependency cases, the parent(s) are given a case plan with tasks tailored to resolve the issues that brought the case into the dependency system. After the initial court acceptance of the case plan, any party can file a motion to amend the case plan and add or remove tasks. See Chapter 39.6013(2) (2014). The standard of proof to amend a case plan is preponderance of the evidence. As a GAL, you may file a motion to amend the case plan if there is new information discovered that you believe sufficiently demonstrates the need for the amendment after the initial case plan acceptance. For instance, if the case originated because of domestic violence, and after the case plan is accepted it is discovered that the parents also use drugs, then it would be appropriate to motion to the court for additional case plan tasks relating to substance abuse resolution. If the court grants this motion, DCF would then update the case plan to include the newly ordered tasks. PAGE 16
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Motion for Change of Placement Once DCF initiates dependency proceedings involving a child, there are several placement options that can be used. A child can be placed with relatives, non-relatives, or in foster care. Sometimes a child is even left in the home of the parent(s) with services in place to ensure child safety. There will be times, however, when the GAL will realize that the placement is dangerous, inappropriate, or a better placement is available, thus necessitating a change. Generally, DCF will file a motion to change the child’s placement, but there are occasions when DCF’s safety determination differs from the GAL’s. In this situation, the GAL can file a motion to change the child’s placement. Chapter 39.522(1) allows for DCF or “any other interested person” to file a motion to change custody. (2014). The standard of proof to change placement is whether the change is in the best interest of the child. If the motion is granted, then the court will order DCF to take custody of the child. Motion for Department of Children and Families or Case Management Organizations to Implement Services DCF is required under Chapter 39.001(3)(e) (2014) to provide children with “effective treatment to address physical, social, and emotional needs, regardless of geographical location.” There are times, however, when DCF’s efforts at obtaining adequate services are not sufficient. There are myriad reasons for this (lack of providers or disagreement as to which services are necessary), but as a GAL, your sole responsibility is to assist the child in question. In these cases, The GAL may file a motion to require DCF/CMO to implement services and request a specific time frame for this. GALs have several tools at their disposal in order to advocate zealously for dependent children. The motions outlined above are only a few of them. Never hesitate to ask the LAS GAL Program for further assistance. For more information about the Guardian ad Litem Program, please contact Kate E. York, Esq., at kyork@legalaidocba.org, 407-841-8310 ext. 3155. For information about how you may financially support LAS, please contact Legal Aid Society Manager of Development, Donna Haynes, at dhaynes@legalaidocba.org, or 407-515-1850. Kate E. York, Esq., the GAL staff attorney at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2010.
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Breakfast of Champions 2015 8TH ANNUAL
To benefit the
Legal Aid Society of the Orange County Bar Association, Inc. Reservations Required - Location to be determined
Wednesday, November 4, 2015 7:30 a.m. until 9:00 a.m. SPONSORSHIPS AVAILABLE:
Platinum Gold Silver Copper Bronze
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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. PLEASE MAKE CHECK PAYABLE TO: Legal Aid Society of the Orange County Bar Association, Inc. Attention: Administrative Bookkeeping 100 East Robinson Street, Orlando, Florida 32801
For sponsorship or to make donations, visit:
www.legalaidocba.org Go to Donation Tab, By Donation Note: 2015 Breakfast of Champions
FOR MORE INFORMATION CONTACT: Donna Haynes, Manager of Development (407) 515-1850 or boc@legalaidocba.org
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A COPY OF THE LEGAL AID SOCIETY OF THE O.C.B.A.’S OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE 1-800-HELP FLA (1-800-435-7352) IN STATE OR AT THE WEBSITE, WWW.FRESHFROMFLORIDA. COM <http://WWW.FRESHFROMFLORIDA.COM> . REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
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Inaugural Law Day 5k Run May 2, 2015 Lake Badlwin Park
Bill of Rights – $1000 Cole, Scott & Kissane, P.A. Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP Holland & Knight LLP Milestone Reporting Company Professional Litigation Support ProServe USA
Amendment – $500 Azul Baldwin Park BakerHostetler Cynthia Schmidt Executive Office Suites of Baldwin Park LexisNexis Liz McCausland, P.A. Shannin Law Firm, P.A. Silverleaf Realty University of Central Florida Legal Studies Department U.S. Legal Support
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“Cher” - Betty Atchison, Penguin Entertainment
PHOTOS: Flo Boehm, Boehm & Boehm Forensic Media Consulting
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OCBA 18th Annual Gala
April 25, 2015 Dr. Phillips Center for the Performing Arts Platinum Sponsors Holland & Knight LLP Jill S. Schwartz & Associates, P.A. Legal Aid Society of the OCBA, Inc. McDonald Toole Wiggins, P.A. Gold Sponsors Burr & Forman LLP Carlton Fields Jorden Burt Cole, Scott & Kissane, P.A. GrayRobinson, P.A. Imperium, P.A. Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Shannin Law Firm, P.A. Shutts & Bowen LLP Upchurch Watson White & Max Silver Sponsors Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A. Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP Fisher Rushmer, P.A. Forster Boughman & Lefkowitz Rumberger Kirk & Caldwell, Attorneys at Law The Maher Law Firm, P.A. Bronze Sponsors Alana C. and Matthew G. Brenner Barbara Perry and Company, Inc. Beusse Wolter Sanks & Maire, P.A. Billings, Morgan & Boatwright, LLC DuBois Law Group Judges John and Sally Kest Law Offices of Barry Rigby, P.A. Men’s Divorce Law Firm Southern Trial Counsel, PLC Thomas Wade Young, P.L.
Celebrity Sponsors Bright House Networks U.S. Legal Support LexisNexis With special thanks to: Arthur’s Catering Flo Boehm, Boehm & Boehm Forensic Media Consulting Penguin Entertainment “Lady Gaga” - Betty Atchison, Penguin Entertainment
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www.orangecountybar.org
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University High School Choir
Woody Rodriguez, Esq., OCBA Past President, Orange County Public Schools
Tomas Lares, Liberty Bell Award Recipient
Kyra Alston, 4th Grade, Oasis Preparatory School, Honorable Mention, Speech Contest
Nick Shannin, Esq., OCBA President Lisa Marcum, Phil Gordin, Dr. Barbara Jenkins, Superintendent for Orange County Public Schools, Nikki Rodeman, Matthew J. Fitzpatrick, Tony Sos, Esq. PAGE 22 www.orangecountybar.org
PHOTOS: Flo Boehm, Boehm & Boehm Forensic Media Consulting
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Law Week Luncheon April 23, 2015 The Ballroom at Church Street
Sponsored by Fatt Merchant and Dytech David Bruno, 9th Grade, Boone High School, 1st Place, Speech Contest
Chiara Agudelo Lenhard, 5th Grade, John Young Elementary School, 1st Place Poster (Category I)
Isabelle Combs, 9th Grade, Timber Creek High School, 1st Place Poster
Nadgee Rivera, 10th Grade, Olympia High School, 2nd Place Poster (Category III)
Teresa Moore, 7th Grade, Lake Nona Middle School, 1st Place Poster (Category II)
Mitchell Patrick Apholt, 7th Grade, Lake Nona Middle School, 3rd Place Poster (Category II)
Joanne Lee, 5th Grade, Metrowest Elementary School, Best in Show Overall – Poster
Faith Soesman, 7th Grade, Howard Middle School, 2nd Place Poster (Category II)
Tony Sos, Esq.
Amitha Akshaya Karuppiah, 5th Grade, Metrowest Elementary School, 3rd Place
Preston Palmer, 3rd Grade, Lake Silver Elementary School, 2nd Place Poster (Category I)
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Nathan Vidal, 11th Grade, Boone High School, 2nd Place, Speech Contest
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Law Week Naturalization Ceremony April 22, 2015 USCIS Headquarters, Orlando
Maryann Barry, CEO, Citrus Council of Girl Scouts; Anna Finer, Troop 857; Teresa Finer, Esq.; Tony Sos, Esq.; Natalia Gove, Esq.
Girl Scouts of Citrus Council singing during the naturalization ceremony.
Law Week Wolf v. Pig Mock Trails From the Outreach Love program, from left to right are C. Andrew Roy, Esq.; David T.; Don Madden, Esq.; Jason Schmidt; Jennifer Morando, Esq.; Jamie Blucher, Esq.; and Juliana Schmidt, Esq.
Andover Elementary School, Orlando Law Week’s Wolf v. Pig mock trials were a huge success with local elementary school kids. Twenty-eight volunteers presented the program at Audubon Park, Lake Silver, Lake Como, Andover elementary schools, and the Outreach Love mentoring program, for a total of seven presentations! PAGE 24 www.orangecountybar.org
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YLS on the move
T
he summer is here and things are heating up for the YLS! Here’s a look at our recent events: On March 20, 2015, the YLS monthly luncheon was held at The Citrus Club. Mary Ann Morgan, Esq., and Brittany J. Maxey, Esq., joined us in celebration of National Women’s History Month and gave a wonderful presentation on women in the law. CLE credit was available for those in attendance. YLS members enjoyed a delicious three-course meal thanks to our wonderful sponsors, U.S. Legal Support and Smith
Group Investigations, Inc.
Chanel A. Mosley, Esq.
On April 9, 2015, the YLS co-hosted an outing to the Solar Bears hockey game with the Seminole County Young Lawyers Division. Everyone had a great time at the game and, best of all, the Solar Bears took home a win! Also on April 9, 2015, Judge John Kest held his monthly Brown Bag Luncheon on the topic “Jury Selection: Making the Most of Your Challenges.” To obtain copies of past presentations, please email Diane Iacone at ctjadi1@ocnjcc.org. On April 17, 2015, the YLS held its inaugural charity pub crawl. Participants met at Ember and traveled to three other bars downtown, including the Underground Public House, Chico’s Tequila Bar, and Sideshow. All proceeds received from the crawl were given to the Homeless Prevention Services in downtown Orlando. Congratulations to Miguel Acosta, Esq., Adam Hartley, Esq., and the entire social committee on a successful new event, and thank you to everyone who came out to support this charitable endeavor! Elections were held for five open positions on the 2015-2016 YLS board of directors, and we would like to congratulate the following elected members: Keshara Cowans, Esq.; Jill Simon, Esq.; Jennifer Smith, Esq.; Amanda Sampaio, Esq.; and Brock Hankins, Esq. We are looking forward to another great year! Be sure to join us for these upcoming events: Judge Kest’s upcoming Brown Bag Lunches, “Directed Verticts – Preparing for and Arguing DVs” on June 11, and “Everyday Civility” on July 10, will be held from 12:00 p.m. to 1:15
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p.m. at the Orange County Courthouse, 23rd Flr. Judicial Conference Room. CLE: 1.5 each. The seminars are free. Please feel free to bring your lunch; water and handouts will be provided. Contact Judge Kest’s JA, Diane Iacone, at ctjadi1@ ocnjcc.org, or 407-826-0443. The June YLS luncheon will be held on June 19, 2015, at The Citrus Club beginning at 12:00 p.m. and ending at 1:00 p.m. Judges Paul G. Byron and Carlos E. Mendoza from the U.S. District Court for the Middle District of Florida will be joining us and will present the topic “Common Mistakes Made by Young Lawyers and How
to Maintain Professionalism.” Please RSVP for the June luncheon by June 17. On July 10, 2015, The YLS will host its monthly luncheon at the Citrus Club from 12:00 p.m. to 1:00 p.m. This luncheon will feature a panel of local attorneys from various practice areas and firm sizes including: Greg Herbert, Esq., of Greenberg Traurig; Jeff Deery, Esq., of Winderweedle, Haines, Ward & Woodman; Lori Caldwell-Carr, Esq., of In Focus Family Law Firm; and Travis Hollifield, Esq., of Hollifield Legal Center. The panel discussion will focus on tips for networking and rainmaking. Please RSVP for the July luncheon by July 8. For a wonderful three-course meal, the luncheons cost only $10 each. Lunch is offered at a reduced price, thanks to the help of our sponsors. Please be sure to RSVP to yls.ocba@gmail. com if you are paying by check or cash, or RSVP online at www.orangecountybar.org/ylsproducts. A late charge of $5 will be added for all RSVPs not received by June 17 for the June luncheon and July 8 for the July luncheon. Please note that the YLS is charged for all RSVPs, so please notify us if you have made an RSVP but are unable to make it. Also on June 19, 2015, the YLS will hold its annual retreat for board members and committee chairs. Be on the lookout for additional details regarding the retreat! The annual Afternoon at the State Courthouse will be held on June 26, 2015, 1:00 p.m. to 5:00 p.m., Orange County Courthouse, Jury Assembly Room. This is a unique seminar that provides insight into local judicial policies, procedure, and universal courtroom decorum. It is designed for attorneys, law clerks, law students, paralegals, and other legal professionals. Register by June 19 at the OCBA Store. For details see the ad on page 6. The YLS will host its annual Young Lawyers and Law Clerks Reception on July 1, 2015, from 6:00 p.m. to 8:00 p.m. at the Orange County Regional History Center. This is a great opportunity for law clerks and young lawyers to relax and meet area judges and other attorneys in a relaxed social setting. The event is free for law clerks, but registration is required. Attorneys, judges, and law students: $10 by June 24 ($15 after June 14). To RSVP, go to www.orangecountybar.org/ylsproducts. For details, see the ad in this issue of The Briefs. The YLS IDignity committee will participate in its annual ID initiative event on July 16, 2015. IDignity assists homeless and economically disadvantaged clients in obtaining vital records necessary for state identification. This ID is essential to gaining employment, accessing educational and social benefits, and contributing to our society. IDignity receives no governmental funding and relies on the contributions of private donors and
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continued page 31
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OCBA Professionalism Awards Ceremony March 27, 2015 Orange County Courthouse
Herbert L. Allen, Esq., William Trickel, Jr. Professionalism Award Anthony F. Sos, Esq., Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award The Honorable Bob LeBlanc, James G. Glazebrook Memorial Bar Service Award Cheif Judge Frederick J. Lauten Herbert L. Allen, Esq.
Stephanie Stewart, Esq. Herbert L. Allen, Esq. Erica Garcia, Esq. Coravious Cowart, Esq.
Anthony F. Sos, Esq., and Carrie Ann Wozniak, Esq.
Judge Bob LeBlanc Eric Reed, Esq. Judge F. Rand Wallis
Tony Sos and Rebecca Sos, Esq.
www.patrickcrowell.com Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806
PAGE 26 www.orangecountybar.org
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Diversity & InclusionCommittee
A Symphony of Voices
A Larry D. Smith, Esq.
s chair of the Orange County Bar Association’s Diversity & Inclusion Committee, I write to reintroduce our committee and call for your involvement. We live and practice in an increasingly diverse community. According to the most recent U.S. Census, Orange County is home to more than 1.2 million citizens. Of those, in census terms, 46% are White Non-Hispanic, 27% are Hispanic or Latino, 20% are Black Non-Hispanic, and about 5% are Asian. Other, more subtle differences, including sexual orientation and disabilities, are not even appreciably measured despite being an integral part of our community. Our clients, work environments, and circle of friends are increasingly diverse. The Internet and social media bring global cultures onto our screens and into our lives on a daily basis. Businesses laud the value of recognizing diversity, and virtually every legal professional conference today addresses the importance of diversity and inclusion. In short, diversity and inclusion are increasingly a part of our everyday life. Then, why do we need a committee? And, if it’s so common, how do we, as a volunteer organization, generate and sustain interest in diversity? These questions seem to have weighed down prior diversity efforts at the OCBA. When OCBA past-president Nick Shannin, Esq., asked me whether I would serve as chair of the (then) “Diversity Committee,” I felt we needed to take a slightly new direction. In my view, understanding our differences is not enough; the coming together – inclusion – must also be part of the discussion. We have spent years laboring to understand that homogeneity is neither practical nor preferred. The ages have lost much of the wisdom offered by Thomas Jefferson, Benjamin Franklin, and John Adams in proposing our country’s motto, e pluribus unum, “one from many” or “out of many, one.” U.S. District Judge Pat Seitz eloquently and simply described the concept of diversity and inclusion through the metaphor of a symphony: each instrument with its own voice, joined to make beautiful music together. Better together. Thus, the name change to Diversity & Inclusion Committee. Our goal is to facilitate recognition of and respect for the many voices in our community and find ways to promote harmony among them.
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Our first step was to reach out to existing specialized bar associations in our community. Many, if not all of these were formed to fill a void created when attorneys who were “different” may not have felt welcome in the Orange County Bar Association. For many years, they have offered their constituents a place to meet, network, and serve. There is absolutely a place for such efforts. But, having several organizations with similar goals acting independently can also minimize common opportunities. The OCBA reached out to nine of the most active bars in the community and several responded affirmatively, sending delegates to serve ex officio on the committee. These include representatives from the Central Florida Association for Women Lawyers, Central Florida Gay & Lesbian Law Association, Hispanic Bar Association of Central Florida, and Paul C. Perkins Bar Association. The OCBA Diversity & Inclusion Committee will offer infrastructure and support to ongoing efforts already underway in the legal community. For example, through enhanced networking, an engaged membership, greater involvement, and cooperation with other OCBA committees and outside organizations (such as the Annual Diversity Mentoring Picnic), we can add value to existing efforts. Our goal is not to replace or supplant, but rather to enhance diversity and inclusion efforts. If anything, our mantra should be “together.” That doesn’t mean that we won’t have ideas or activities of our own – simply that they should be complementary. Finally, I want to address the question that plagued my predecessors: Do we need a committee to address diversity and inclusion? The answer is yes. We have made great strides in the past decade to recognize and celebrate our differences. But, challenges remain. Our journey is not over. As attorneys, we have a unique opportunity to be catalysts and ambassadors in our community. Apathy and complacency feed oppression. I invite you to join the Diversity & Inclusion Committee and become part of the change you want to see in the world. Larry D. Smith, Esq., Southern Trial Counsel | PLC, has been a member of the OCBA since 1984.
www.orangecountybar.org
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LASWhat We Do... continued from page 15
Mary, and I sat in the back of the courtroom nervously. There were other trials set that day, and Emily’s was called last. In preparation for the trial, before the trial began, the juvenile public defender spoke with Emily. The witnesses consisted of Bella, one police officer, and Emily. Emily had been very nervous to testify, but Mary and I were there to support her throughout. Emily was calm, poised, and articulate. Once the closing arguments ended, we waited with bated breath for the verdict: not guilty! Finally, it seemed that people were listening to Emily. The young woman who left court that day was very different from the defeated Emily who entered the courthouse at the beginning of the case. She walked out smiling, with her head held high. This was the confidence boost that she needed. When I visited Emily at the group home several weeks later, I noticed that she was more at ease, talking and laughing with the other girls. She had made several friends and seemed to get along with staff better. I believe that the outcome of the trial had a profound effect on her and her outlook on life. Finally someone had said, “It’s not your fault.” Emily went on to attain her
GED and is enrolling in Valencia Community College. She is 18 and resides in extended foster care. She also works full time at a daycare facility. I am proud to be her Guardian ad Litem and excited to see what the future holds for her. I have changed the names of the children to protect their confidentiality. To become a Guardian ad Litem for a crossover child, please contact Kate York, Esq., at the Legal Aid Society. Kate specializes in assisting pro bono GALs with crossover cases. If you are already a GAL and your child has “crossed over,” Kate and the GAL department can assist you
in determining the next steps to help your GAL child in delinquency and dependency court. Kate E. York, Esq., the GAL staff attorney at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2010.
“Change cannot and will not happen overnight. But the intent to evolve will produce opportunities for growth.” –Robin D. Hart, Warning! Proceed With Caution Into the Practice of Law
Commercial Litigation
Estate & Gifting
|
|
Bankruptcy | Marital Dissolutions Expert Witness Testimony
Diane Womack, Shareholder 390 N. Orange Ave., Suite 1890 | Orlando, FL 32801 ph 407-217-6900
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8626 N. Himes Ave. | Tampa, FL 33614 ph 813-936-0313
www.stahlconsulting.com
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ParalegalPost Microsoft Excel Beyond Accounting and Financial Reporting
W Michelle Gerena
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ith more attorneys handling document production, skills needed today for a paralegal are e-File, e-Discovery, Project Management, Practice Management, and Excel, just to name a few. In most cases, Excel is associated with accounting and financial reporting operations; however, in a law firm environment a paralegal is able to use Excel for organizing and retrieving case information quickly. Excel is composed of rows and columns that can be manipulated using functions that calculate results of information you are looking for. A new version of Excel contains 1,024 columns and one million rows, making Excel useful to connect the dots, adapt to changes, and communicate with the litigation team. Using Excel, a paralegal is able to collect, organize, and retrieve casts of characters, informal and formal discovery, locate documents, and visualize the entire case during the discovery phase of a litigated matter. Excel is useful in practice management if the paralegal understands and uses functions such as VLookup, Sort and Filter, Match, and Share Workbook. VLookup looks up a value you want to find in an Excel list or table. Sort and Filter Data changes the order of your data to focus on a specific set of data. Match compares differences between native and external lists. Differences between the current versions of the same project can be reviewed in a detailed report. Share Workbook is useful when the paralegal collaborates with several people to edit or manipulate contents simultaneously. For example, during formal discovery you will receive the same document from different sources. Then, for purposes of authenticating the document, you could use VLookup to return a search on the location of the document based on its source. Also, when handling a workers’ compensation case, there may be allegations of differences in the payout ledger. Comparing the payout led-
gers will provide you with the differences between the two. Further, in fact-checking witnesses’ testimonies, you could sort and filter the cast of characters based on credibility or motive. On an Affidavit of Time for a Motion for Attorney’s Fees, you could get different views of the time being requested by filtering the time into categories such as received and reviewed, telephone conferences, research, and so forth. You could further view the time billed per day per time keeper to more effectively object to excessive time billed. One additional Excel feature worth mentioning is the Share Workbook. This allows you to share the workbook with the others in your litigation team to view and edit at the same time without the workbook opening as a read-only version, preventing more than one version of the workbook to be saved. In sum, consider using Excel for managing information in the discovery phase, including these as well as others: • Cast of characters with witnesses’ roles played in the case, including the who, what, where, when, why, credibility, and motive. • Informal discovery with information obtained based on your own investigation, including performing public records search, Internet research, taking your own pictures where an incident occurred, witness interviews, and surveillance. • Documents obtained through formal discovery with information received through propounding and responding to Request for Production. • A 20,000 foot view, 10,000 foot view, and 5,000 foot view to get an expansive overview of the general aspect, see its moving parts and how they fit into the case, determine each part’s name, find the dates and times, and see contracts and other information that tie together the case. Michelle Gerena, office manager at Broussard & Cullen, P.A., has been a member of the OCBA since 2011.
www.orangecountybar.org
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Intellectual PropertyCommittee continued from page 11
the globe has stretched and broken legal frameworks for dealing with the issues created. Attorneys are faced with a need to “keep current” on an ever-changing standard, whether it be in what is protected for software by patent law or what constitutes appropriate measures of security for clients in protecting their own data or that of third parties. One thing is for sure: Practicing in the areas of software-related intellectual property and data security is never a dull ride. Thomas C. McThenia Jr., Esq., a shareholder at GrayRobinson, P.A., has been a member of the OCBA since 2006. Christopher M. Ramsey, Esq., Ph.D., an associate at GrayRobinson, P.A., has been a member of the OCBA since 2010. Jason A. Zimmerman, Esq., an associate at GrayRobinson, P.A., has been a member of the OCBA since 2014. The authors practice in the areas of intellectual property, Internet and technology
law, and litigation. Their practices span patent, trademark, and copyright matters; software, Internet, and technology transactions; licensing and disputes; data privacy and security matters; and IP and commercial litigation. See U.S. Const. art. 1, § 8, cl. 8. See Diamond v. Chakrabarty, 447 U.S. 303, 309 (1980). 3 See Gottschalk v. Benson, 409 U.S. 63, 72 (1972). 4 See id. at 67. 5 See Parker v. Flook, 437 U.S. 584, 589-590 (1978). 6 See Diamond v. Diehr, 450 U.S. 175, 187 (1981). 7 See id. at 192-93. 8 State St. Bank & Trust Co. v. Signature Fin. Group, Inc., 149 F.3d 1368 (Fed. Cir. 1998). 9 See In re Bilski, 545 F.3d 943, 959-60 (Fed. Cir. 2008). 10 See Bilski v. Kappos, 130 S.Ct. 3218 (2010). 11 Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S.Ct. 2347 (2014). 12 See id. at 2352. 13 See id. at 2355-57. 14 See Smartflash LLC v. Apple Inc., 6:13CV447-JRGKNM, 2015 WL 661174 (E.D. Tex. 2015); California Inst. of Tech. v. Hughes Communications Inc., 113 1 2
U.S.P.Q.2d 2062 (C.D. Cal. 2014) (tracing the evolution of the Supreme Court’s views up through Alice); Enpat, Inc. v. Tenrox Inc., 6:13-CV-948-ORL-31, 2015 WL 541673 (M.D. Fla. 2015). 15 “Florida Department of Elections Acknowledges Data Breach” available at: http://www.esecurityplanet.com/ network-security/florida-department-of-elections-acknowledges-data-breach.html. 16 “G.H. Bass & Co. reports data breach at Orlando store” available at: http://www.myfoxorlando.com/ story/26751393/gh-bass-co-reports-data-breach-atorlando-store. 17 See e.g. Resnick v. AvMed, Inc., 693 F.3d 1317 (11th Cir. 2012) (sustaining causes of action for breach of contract and unjust enrichment as a result of a data breach); Burrows v. Purchasing Power, LLC, 1:12-CV22800-UU, 2012 WL 9391827 (S.D. Fla. 2012) (alleging violations of FDUTPA, invasion of privacy, negligence and Federal Stored Communications Act for an alleged data breach). 18 IBM Cloud Services Agreement, available at: http:// www-05.ibm.com/support/operations/files/pdf/csa_ us.pdf.
Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE! www.orangecountybar.org/store Login for Member Pricing!
PAGE 30 www.orangecountybar.org
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ProfessionalismCommittee continued from page 5
but I see the obligation in enforcing professionalsm increasing upon our shoulders as we become that elder lawyer, that judge... You can’t always be the policeman to your profession, but you can be an example of what to do and in many cases, what not to do. Of course, it is like preaching to the choir to anyone hearing or reading this. Finally, I would be remiss if I did not conclude with some thoughts that professionalism itself includes the people one surrounds one’s self with. I have been fortunate to have a wife who has supported my endeavors over the past 35 years. She has tolerated my excitement over the law and its various spokes and allowed me to press on in all the ways that have led me to be here today. I have been fortunate enough to have a judicial assistant who knows a docket inside and out, has a kind word for that pro
se litigant unsure of where to turn, and gives a helping hand to new staff and paralegals navigating their way through the myriad rules and regulations we are all supposed to know. My award today is simply a reflection of the wonderful people I have been fortunate enough to be surrounded with, and I take no credit for that. I am grateful to the OCBA Professionalism Committee for the nomination and vote of approval and everyone, everyone, everyone I have had the good fortune to watch, to emulate, to work with, and to mentor. While my heart is bursting with pride, I am deeply humbled for this kindness. Thank you. The Honorable Bob LeBlanc, Circuit Judge of the Ninth Judicial Circuit Court, has been a member of the OCBA since 2006.
YLS on the Move... continued from page 25
relies on the contributions of private donors and the efforts of volunteers to accomplish its mission. Volunteers are needed to participate in this event. Please contact Tom Pratt, Esq., at citizenslegal@outlook.com if you are interested in signing up. Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www.facebook.com/OCBAYoungLawyersSection and follow us on Instagram at @OCBAYLS. Chanel A. Mosley, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, P.C., has been a member of the OCBA since 2010.
Florida Notary Service Online Course OCBA’s online courses are fast, convenient and inexpensive. Courses are available 24 hours a day, 7 days a week. All instructions are included online. You can start and stop programs, picking up where you left off, as many times as you like. Phone support is available for questions about using any of the online courses. About this course: The Notary Public course and the Notary Public Commission Renewal course are sponsored by Florida Notary Services.
Register: www. orangecountybar.org
The Young Lawyers Section of the Orange County Bar Association Presents the Wednesday, July 1, 2015 6:00 p.m. – 8:00 p.m. Orange County Regional History Center 65 East Central Boulevard Orlando, FL 32801 Free for Law Clerks $10.00 for Attorneys, Judges & Law Students Price will increase to $15.00 after June 24, 2015 *Tickets include appetizers and drinks
T
his is one of our biggest events of the year and is an excellent recruiting tool to keep top talent in the Orlando area and active in our bar association. The event is also a great opportunity for young lawyers and law clerks to network with area judges and attorneys in a relaxed, fun setting. For more information or to inquire about sponsorship opportunities, please contact Michael Dear at mdear@raileyharding.com, or 407-648-9119.
Please RSVP by Wednesday, June 24, 2015, through the OCBA Store at www.orangecountybar.org/ylsproducts. theBriefs June 2015 Vol. 83 No. 5
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New Members Regular
Affiliate
Randall L. APPLETON
Joann ABRAMOWITZ
John N. BOGDANOFF
Paul PELTON
Deseree M. COMRIE
Thomas A. TEMPSKE
Shaunda M. DEBOSE
Law Student
Nancy Beth GOREN Alexander J. KARDEN Francheska MARKUS Dillon K. MCLEAN Louis MONTONE Cassidy M. PERDUE Garry J. RHODEN Thomas E. RHODES Jacob J. SCHUMER
Davidson ANESTAL Christina R. DOAN S. Maxwell KARRICK Heather M. MARTIN Nicole D. MCKEE Stacy R. PRESTON Marcus A. PRINCE
Paralegal Student Kayla D. AVILES
Judiciary
N. Angela DOLBERRY
Hon. Carlos MENDOZA
Katie L. ERKENS
Associate
Britney A. LOPEZ
Helena Cruz SANCHEZ Noel G. LAWRENCE
Cara L. MEZICK Kristine D. PARADIS
The Orange County Bar Association is pleased to provide you with a list of 2015 Preferred Vendors – a variety of businesses that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.
•Advertising•
The Baker Press, Inc. Finest Quality Printing since 1968 Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 dthompson@thebakerpress.com Living Magazines, Inc. /Vail Living Agency Innovative Print & Advertising Design Catherine Hébert • P.O. Box 3905, Avon, CO 81620 • 970-331-6491 trinitycathy@yahoo.com THELAW.TV Free welcome video for your firm from the nation’s leader in web videos for lawyers. Corey Saban • 1401 Forum Way, Ste. 730, West Palm Beach, FL 33401• 561-626-9809 csaban@thelaw.tv
•Banking•
BMO | Harris Bank Strength and Stability in Banking Michael Valenzuela • 150 North Orange Ave., Orlando, FL 32801 • 407-534-5902 Michael.Valenzuela@bmo.com
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Only if you want to maximize the mediation benefit that a preinformed mediator can offer. For any mediator to assist well, they must understand the issues and details of your dispute. It is far more productive to educate your mediator before mediation than waste your limited negotiation time for mediator education. Visit my website: www.honeywellmediation.com to find who I am, my online schedule, my educational blog, and what I offer you and your client who may be seeking success without trial. My unique credentials and experience can be a useful and valuable added resource in finding resolution to your client’s dispute.
• Certified Circuit Civil Mediator • Certified Appellate Mediator • Certified Federal Court Mediator • Board Certified Civil Trial Lawyer Call Honeywell Mediation /Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 Statewide-National: 800-741-7000 Neutral, convenient conference facilities on Lee Road in Winter Park. Available anywhere in Central Florida without travel charge. DAN H. HONEYWELL
Boehm & Boehm Forensic Media Consulting Certified Comprehensive Litigation Support Solutions Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 • 407-405-8483 florian@boehmboehm.com Westlaw, a Thomson Reuters business Westlaw, Legal Products and Services Charles Kiester • 321-356-5350 • charlie.kiester@thomsonreuters.com
•Pratice Management•
MyCase The premier all-in-one web-based legal practice management software. Stephanie Phelan, Marketing Manager • 50 Castilian Dr., Goleta, CA 93117 • 805-364-5727 stephanie.phelan@mycase.com
•Professional Services•
Dytech Group Computer Networking “Our Business lets you Focus on Your Business” Randy Centrella • 5728 Major Blvd., Ste. 309, Orlando, FL 32819 • 407-678-8300 Sales@Dytech.com InterNetwork IT Everything IT for Your Company. Let us worry about your IT so you don’t have to. Adam Alexander • 109 B James Ave. Orlando, FL 32801 • 321-300-6383 Adam@InterNetworkIT.com The business listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.
PAGE 32 www.orangecountybar.org
theBriefs June 2015 Vol. 83 No. 5
Rainmaking
W
The Blanche Dubois Theory of Marketing
hen Tennessee Williams has Blanche Dubois utter the famous words, “I’ve always depended on the kindness of strangers,” in his play A Streetcar Named Desire, he had no idea that this line perfectly describes the marketing mantra of most attorneys.
Michael Hammond, Esq.
Good Works are not Enough In real life, many attorneys believe fervently that “If I do my job well and do good work, the world – and paying clients – will beat a path to my door.” While this optimism is laudable, it is still a naïve and anachronistic approach to marketing. Clients don’t come to you because of the quality of your work product; they come to you because they believe you can solve their problem. But they won’t believe you can solve their problem until they know you well enough to trust you. Trust comes when you connect and communicate with them effectively. It is the foundation of the lawyer-client relationship. Client trust can also begin when someone they trust tells them that you can be trusted. But good works alone are not enough. Hope is not a Strategy There was a time – a golden age two or three generations ago – when the growing demand for legal services far outstripped the then-existing supply of lawyers; but that time is now long gone. Today the growing supply of lawyers far exceeds the demand for their services. Clearly, it is true that some business may result from doing your work well. When people are pleased, they will tell others. But this indirect, more passive approach to marketing will always prove inadequate to fill your practice consistently unless your reputation is large and your niche is narrow. A select few who are already well-known for rare levels of expertise in narrowly defined niche areas will find clients who will beat a path to their door – without any direct effort on their part. Outside of this narrow exception, many of the rest of us just hope for the best. Hope is not a marketing strategy. In today’s world, the provision of legal services is a highly competitive industry with a growing number of non-lawyers as well as lawyers competing for the available business. Can You Rely on the Kindness of Strangers? Attorneys who believe that good work alone translates into business have taken a passive and reactive approach to marketing their practice. Passively waiting for clients to appear seldom produces results. Carefully identifying and actively seeking out their best prospective clients will lead to a more successful
theBriefs June 2015 Vol. 83 No. 5
and satisfying practice. Instead of merely reacting to the perceptions others already have of them, attorneys must work directly to shape the perceptions of who they are, what they do, and why in a clear, compelling, and memorable way. Identifying, nurturing, and focusing on key referral sources – including clients – is the catalyst for proactive, professional services marketing. Relationship-oriented attorneys, using referralbased marketing in a purposeful, consistent, and authentic way are the most successful rainmakers. They are able to convert “strangers” who need their legal services (or know others who need them) into clients and referral sources who know them, like them, and trust them because they took the time to cultivate relationships with them. Death of a Salesman For many attorneys, the “good work is enough” approach to marketing is born out of an aversion to doing anything that may smack of “sales.” Over the years, I’ve heard countless attorneys say that one of the reasons they went to law school was so they wouldn’t have to go into sales. Many attorneys who are dubious about marketing are confusing professional services marketing with consumer product marketing. Product marketing focuses on presenting the features and benefits of the product in order to make a sale to the buyer – “Here’s why this is the newest and best widget. How many widgets can I sell you?” Professional services marketing focuses on the client and his or her particular situation – “I’ve solved this type of problem for many people before. Let me tell you how I would solve your particular problem now.” For those attorneys who confuse product sales with professional service marketing, the thought of marketing at all is repugnant because they believe that it requires a departure from who and what they are, when, in fact, the exact opposite is true. Professional services marketing requires you to identify the type of client you serve; clearly articulate the legal service you provide to them, along with the benefit they derive from that service; and emphasize what differentiates you from all of the other providers of that service. In short, you must define who you are and what you do in a very clear, convincing, and compelling way. Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.
www.orangecountybar.org
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OCBA Annual Texas Hold ‘em Charity Poker Tournament & Happy Hour April 15, 2015 Harry Buffalo Sponsored by Westlaw
1st Place Winner and Top Non-lawyer - Mike Murray
Charlie Kiester, Westlaw
2nd Place Winner Marc Orr d Top 3rd Place Winner an Lawyer Scott Glass, Esq. Top Female , Esq. ew Krista Bartholom 50/50 Raffle Winner Eric DuBois, Esq.
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Associate Brandon S. DeGel, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. Nancy Beth Goren, Esq. – Clayton & McCulloh Kristina Paulter, Esq. – The Johnston Law Firm, P.A.
Senior Attorney Christopher A. Pace, Esq. – Jill S. Schwartz & Associates, P.A.
Shareholder John A. Boudet, Esq. – GrayRobinson, P.A.
Florida Supreme Court Certifications Jeffrey M. Fleming, Esq. – Upchurch Watson White & Max – Arbitrator Richard B. Lord, Esq. – Upchurch Watson White & Max – Arbitrator Brandon S. Peters, Esq. – Upchurch Watson White & Max – Family Mediator
American Board of Certification Ryan E. Davis, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. – Business Bankruptcy Law
Speaking Engagements Lance O. Leide, Esq., The Health Law Firm, provided a seminar during the Florida Academy of Family Physicians Spring Forum at Disney’s Swan and Dolphin Resort in Orlando in April. The presentation included defensive medicine, safeguarding your license, how to structure your practice to reduce liability, and protecting your professional and personal assets from lawsuits. Richard B. Lord, Esq., shareholder at Upchurch Watson White & Max, spoke on arbitration at a recent American Conference Institute long-term care conference in Miami.
Published Dennis J. Wall, Esq., recently had his book, Lender Force-Placed Insurance Practices, published by the American Bar Association. The book is sponsored by The Tort Trial and Insurance Practice Section of the ABA.
Events June 20 – Firm Fest. 6:00 p.m. House of Blues, 1490 E. Buena Vista Dr., Lake Buena Vista, FL 32830. Featuring Sister Hazel. All proceeds benefit the Legal Aid Society of the OCBA. Hosted by Daunte Culpepper, Esq. Sponsored and produced by The Orlando Family Firm and Enlightenment Sports Management. For ticket information, go to http://www.firmfest.com. June 26 – Afternoon at the State Courthouse. 1:00 p.m.-5:00 p.m. Orange County Courthouse, Jury Assembly Room, 425 N. Orange Ave., Orlando, FL 32801. Fee: $10 for RSVPs by June 19; $15 thereafter. Register at www.orangecountybar.org/ylsproducts. July 1 – YLS Young Lawyers & Law Clerks Reception. 6:00 p.m.8:00 p.m. Orange County Regional History Center, 65 E. Central Blvd., Orlando, FL 32801. Fee: Free for Law Clerks; $10 for registrations by June 24; $15 thereafter. Registration at www.orangecountybar.org/ylsproducts.
4:30 p.m. OCBA Center. CLE: 8.5, incl. 7.0 ethics, 1.0 professionalism (pending). Speakers: Hon. John Kest, Hon. James Edwards, David Simmons, Esq., Jason Klein, Esq., Eric Boughman, Esq., Daniel Whitehouse, Esq., Patti Savitz, Esq., Keshara Cowans, Esq., Amie Kozan, Esq., Stacy Ford, Esq., John Benford, Esq., Marc Ossinsky, Esq., Brandon Banks, Esq., Michael Kest, Esq. Fee: $40 for OCBA members; $50 for non-members; $25 for OCBA government, law student and paralegal student members. Registration required b June 2 through the OCBA Store. June 9 – GAL: The ICPC Process: How to Navigate the Complex World of the Interstate Compact on the Placement of Children. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Mark Street Senior Center, 99 E. Mark St., Orlando, FL 32803. CLE: pending. Speaker: Kate York, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. June 11 – Directed Verdicts – Preparing for and Arguing DVs Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org or 407-826-0443. June 19 – Domestic Violence and How it Relates to Other Family Law Matters. Family Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 approved. Speaker: Hon. Alice Blackwell. Fee: Free, but registration is required by June 17th through the OCBA Store. June 23 – GAL: Keeping Children Safe Act Certification for GALs. LAS Lunchtime training. 12:00 p.m.-1:30 p.m. Mark Street Senior Center, 99 E. Mark St., Orlando, FL 32803. CLE: pending. Speakers: Stephanie Stewart, Esq. and Tanika Patrick, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. July 1 – Proposed Amendments to the Federal Rules of Civil Procedure and Middle District of Florida, Orlando Div. Practices & Procedures. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 pending. Speaker: United States Magistrate Judge Thomas B. Smith. Register at the OCBA Store. July 7 – Defense to Debt Collection. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Mark Street Senior Center, 99 E. Mark St., Orlando, FL 32803. CLE: pending. Speakers: Mike Resnick, Esq., and Jay Mobley, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. July 9 – What Every Lawyer Should Know About Social Security Disability Cases. Social Security Committee Seminar. 12:00 p.m. -2:15 p.m. OCBA Center. CLE: 2.5 pending. Speakers: Paul J. Morgan, Esq., Carmen Love, Esq., Wayne Johnson, Esq., Dr. Randy Salmons, PhD. Register at the OCBA Store. July 10 – Everyday Civility. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org or 407-8260443. July 21 – DOM for Pro Bono Attorneys Part 2. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Mark Street Senior Center, 99 E. Mark St., Orlando, FL 32803. CLE: pending. Speaker: Angela Bello Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. July 30 – Out of State Discovery Practices and Procedures. Paralegal Section Lunchtime Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 pending. Registration link coming soon. See OCBA website for updates.
Seminars
June 4 – Professionalism in Discovery: Advanced Techniques to Create and Follow an Ethical Roadmap to Litigation Success. Professional & Technology Committees Major Seminar. 8:30 a.m.-
An n o unce ments
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CLASSIFIED ADS EMPLOYMENT Seminole County General Law Practice For Sale: Attorney contemplating retirement seeks attorney to take over well established practice. Purchase price would be percentage of gross revenue for 1st two years. Office condo, experienced staff and furniture available. Reply to P.O. Box 916373, Longwood, FL 32779. PARALEGAL: Min. 3-5 yrs exp. Downtown ORL, small litigation firm insurance defense. Competitive Salary/ Benefits. ATTORNEY: Min. 3-5 yrs exp.-some insurance defense preferred. Downtown ORL, small litigation firm. Competi-
tive Salary/Benefits. Email resume to: defenselawfirm1999@ gmail.com.
OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/ fax available. Reception area. Please call John Pierce at (407) 898-4848. Fully renovated 1650 sq. ft. building on Edgewater Drive. 6 offices, break room and reception area. Call 407-2478756 or david@yergeylaw.com.
To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association Orlando, FL 32801
Downtown Orlando Boutique Office for Rent: 1 furnished office and secretarial bay located on the 2nd floor of an established law practice. Reception area and conference room access, 1 parking space included. Location: 203 E. Livingston Street; within one block of the Courthouse. Please call 407-426-9300 or email mcarr@carrlawpa.com.
OFFICE SPACE SHARED Winter Park law firm near Park Avenue has 2 window offices and work stations for sublet, with plentiful parking and access to kitchen & conference rooms. Call 407-6475551.
Shared office space for rent. Two offices with secretarial cubicles. Shared library/conference rooms. Fax and copier included. Kathy 407-843-4310.
PROFESSIONAL SERVICES Mediate in Downtown Winter Park. Certified Circuit Court Mediator with 25 years of civil litigation experience in warranty, products liability, personal injury, and premises liability matters. Spacious office with plentiful parking. W. Scott Powell at 407-647-5551.
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. Adoption, Surrogacy and Family Law Firm, P.A. Alladi & Patel Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Banker Lopez Gassler P.A. Benitez Law Group, P.L. Beshara, P.A. Billings, Morgan & Boatwright, LLC Bodiford Law Group Bonus McCabe Law Firm Bull and Associates, P.A. Burr & Forman Calandrino Law Firm, P.A. Camy B. Schwam Wilcox, P.A. Carr Law Firm, P.A. Chaires, Brooderson & Guerrero, P.L. Cole, Scott & Kissane, P.A. Colling Gilbert Wright & Carter, LLC Cullen & Hemphill, P.A. DeCiccio & Johnson
Fishback, Dominick, Bennett, Ardaman, Ahlers, Langley & Geller, LLP
Marshall, Dennehey, Wamer,
Swann Hadley Stump Dietrich & Spears, P.A.
Coleman & Goggin
Tangel-Rodriguez & Associates
Fisher Rushmer, P.A. Frank A. Hamner, P.A.
McDonald Toole Wiggins, P.A.
The Aikin Family Law Group
Frank Family Law Practice Giles & Robinson, P.A. Grossman & Grossman P.A. Harris, Harris, Bauerle & Sharma Higley & Szabo, P.A. Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. James H. Monroe, P.A. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Tad Yates, P.A. Law Offices of Walter F. Benenati Lawyer Today.Com
Dellecker Wilson King McKenna Ruffier & Sos, LLP
Legal Aid Society of OCBA
Dewitt Law Firm
Lewis & Crichton
Faddis & Faddis, P.A.
Lynn B. Aust, P.L.
Fassett, Anthony & Taylor, P.A
Marcus & Myers, P.A.
McMichen, Cinami & Demps PLLC
The Arnold Law Group
McMillen Law Firm, P.A.
The Brennan Law Firm
McShane & McShane Law Firm, P.A.
The Dill Law Group
Men’s Divorce Law Firm
The Draves Law Firm, P.A.
Mooney Colvin, P.L.
The Elder Law Center of Kirson & Fuller
Morgan, White-Davis & Martinez, P.A.
The Johnston Law Firm
Murrah, Doyle, Wigle & Torre P.A.
The Law Offices of Terry Bledsoe
N. Diane Holmes, P.A.
The Llabona Law Group
Neduchal & Magee, P.A.
The Marks Law Firm
Nishad Khan, P.L.
The Skambis Law Firm
O’Mara Law Group
The Smith Family Law Firm, P.A.
Ossinsky & Cathcart, P.A.
Walton Lantaff Schroeder & Carson, LLP
Palumbo & Bertrand, P.A.
Warner & Warner, P.L.
Pierce & Associates, P.L.
West, Green & Associates, P.L.
Provencher & Simmons, P.A.
Wicker, Smith, O’Hara, et al.
Ringer Henry Buckley & Seacord, P.A.
Wieland, Hilado & DeLattre, P.A.
Sawyer & Sawyer, P.A.
William G. Osborne, P.A.
SeifertMiller, LLC
Wilson McCoy, P.A.
Snure & Ponall, P.A.
Winderweedle, Haines, et al.
Southern Trial Counsel
Wolf, Hill, McFarlin & Herron, P.A.
Stanton & Gasdick, P.A.
Wooten Kimbrough, P.A.
Stovash, Case & Tingley
Yergey & Yergey, P.A.
Sponsored by:
PAGE 36
www.orangecountybar.org
theBriefs June 2015 Vol. 83 No. 5
Not an OCBA member yet? Join today!
Your exclusive member benefits:
JUMP START YOUR CAREER! New Lawyer Training Program
The Fundamentals of Practice in Orange County
• Free My Orlando Lawyer Online Directory Listing • Free Luncheons • Free The Briefs Magazine • Free Committee & Section Memberships • Priority Room Booking • Discounts on Seminars & CLE • Discounts on Social Events • Discounts on Advertising • Discounts on Vendor Services
August 7 & 8, 2015 Take this dynamic, two-day training program & learn how to practice with confidence – and success – in Orange County! • Learn how to navigate the legal system from the experts – judges, court officials, & seasoned attorneys
OCBA New Lawyer Training Program
• Tips on court procedures & processes • The nuts & bolts of starting your own practice
Fee: $175 – student or current OCBA member $195 – non-member Includes breakfasts, lunches, receptions, & OCBA student membership! • 8.0 CLE (pending)
For more information and to apply, visit the OCBA website at http://orangecountybar.org/newlawyertraining, or contact Karen Fast, Membership Manager, at karenf@ocbanet.org or 407-422-4551, ext. 225. Sponsored by:
theBriefs June 2015 Vol. 83 No. 5
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PAGE 37
CONTACT US
REPRESENTATION OF HEALTH PROFESSIONALS
WEBSITE
Available to accept referrals, consult or co-counsel on cases involving physicians, nurses, health professionals or health facilities.
REFERRAL FEES PAID TO REFERRING ATTORNEYS PURSUANT TO BAR RULES
Christopher E. Brown, J.D.
George F. Indest III, J.D., M.P.A., LL.M. • Board Certified by The Florida Bar in Health Law • More than 30 years of legal experience • LL.M. from George Washington University • Admitted in Florida, Louisiana and D.C.
• B.A., Coastal Carolina University • J.D., Barry University School of Law • Licensed in Florida
• Medical Board Cases
• Administrative Hearings
• Opinion Letters
• DOH Investigations
• Contracts & Contract Litigation
• Disciplinary Hearings
• Medical Board Cases
• DEA Defense
• Peer Review Defense
• HIPAA Defense
• Medicare/Medicaid Audit Defense • Professional Licensing • Medical Malpractice Defense
• Hip Implant Litigation
• Commercial Litigation • Nursing Board Cases • Dental Board Cases
• Restrictive Covenants
MAIN OFFICE: 1101 DOUGLAS AVENUE • ALTAMONTE SPRINGS, FL 32714 TELEPHONE: (407) 331-6620 • (850) 439-1001 • TELEFAX: (407) 331-3030 BY APPOINTMENT: 37 N. ORANGE AVE., STE. 500 • ORLANDO, FL 32801 BY APPOINTMENT: 201 E. GOVERNMENT STREET • PENSACOLA, FL 32502 BY APPOINTMENT: 155 E. BOARDWALK DRIVE, STE. 424 • FORT COLLINS, CO 80525 www.ThehealThlawFirm.com
PAGE 38 www.orangecountybar.org
theBriefs June 2015 Vol. 83 No. 5
Increase your public presence! My Orlando Lawyer Directory Increase your lawyer referrals!
This free, online listing directory – developed exclusively for OCBA members – will include your name, photo, firm name, and contact information. Complete your profile!
1. Go to www.MyOrlandoLawyer.com 2. Login with your OCBA username and
Take advantage of this newest member benefit. Make it easy for members and the public to find you quickly! theBriefs June 2015 Vol. 83 No. 5
password. 3. Complete information about your practice areas, the types of cases you handle, your location, years of practice, education, board certifications, and much more. 4. Simply hit “Save” and your information will be ready to be posted for online searches.
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PAGE 39
OCBA Calendar June
July 23, 2015
Lee Corso, ESPN Sports Broadcaster 12:00 p.m. – 1:00 p.m. The Ballroom at Church Street
JUNE - JULY
3
YLS Luncheon 12:00 p.m. • Citrus Club
Professionalism & Technology 4 Committees Major Seminar
Fest 2 0 Firm 6:00 p.m. • House of Blues
Business Law Committee 12:00 p.m. • OCBA Center
Professionalism in Discovery: Techniques to Create and Follow an Ethical Roadmap to Litigation Success 8:30 a.m. • OCBA Center
Committee 8 Estate, Guardianship & Trust
OCBA Luncheon
12:00 p.m. • OCBA Center
9
LAS Lunchtime Training GAL: The ICPC Process: How to Navigate the Complex World of the Interstate Compact on the Placement of Children 12:00 p.m. • Marks St. Senior Center
Lawyers Literary Society 10 12:00 p.m. • OCBA Center
11
Brown Bag Lunch with Judge Kest Directed Verticts – Preparing for and Arguing DVs 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conference Rm.
Certification for GALs 12:00 p.m. • Marks St. Senior Center
Practice Committee 2 4 Appellate 12:00 p.m. • OCBA Center
1 Committee 3 Estate, Guardianship & Trust
LAS Lunchtime Training 23 GAL: Keeping Children Safe Act
2 6
Bankruptcy Law Committee 12:00 p.m. • OCBA Center
Afternoon at the State Courthouse 1:00 p.m. • Orange County Courthouse
July
1
Business Law Committee Seminar Proposed Amendments to the Federal Rules of Civil Procedure and Middle District of Florida, Orlando Div. Practices & Procedures 12:00 p.m. • OCBA Center
Social Security Committee 12:00 p.m. • OCBA Center Criminal Law Committee 1 2 12:00 p.m. • OCBA Center
Professionalism Committee 7 12:00 p.m. • OCBA Center
1 Meeting 5 Paralegal Section Membership
LAS Lunchtime Training Defense to Debt Collection 12:00 p.m. • Marks St. Senior Center
Real Property Committee 1 6 12:00 p.m. • OCBA Center
8
Lawyers Literary Society 12:00 p.m. • OCBA Center
1 7
Elder Law Committee 12:00 p.m. • OCBA Center
OCBA Executive Council Meeting 4:30 p.m. • OCBA Center
Technology Committee 12:00 p.m. • OCBA Center
19
Family Law Committee Seminar Domestic Violence and How it Relates to Other Family Law Matters 12:00 p.m. • OCBA Center
PAGE 40
Brown Bag Lunch with Judge Kest 10 Everyday Civility
12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm. Criminal Law Committee 12:00 p.m. • OCBA Center YLS Luncheon 12:00 p.m. • Citrus Club
YLS Young Lawyers & Law Clerks Reception 6:00 p.m. • Orange County Regional History Center
11:45 a.m. • OCBA Center
RSVP by July 17, 2015 OCBA Store *There will be no June Luncheon
Security Committee 9 Social 12:00 p.m. • OCBA Center
www.orangecountybar.org
12:00 p.m. • OCBA Center
1 Meeting 4 Intellectual Property Committee
12:00 p.m. • OCBA Center
Law Committee 1 5 Elder 12:00 p.m. • OCBA Center Technology Committee 12:00 p.m. • OCBA Center LAS Lunchtime Training DOM for Pro Bono Attorneys, Part 2 12:00 p.m. • Marks St. Senior Center
21
Solo & Small Firm Committee 12:00 p.m. • OCBA Center Appellate Practice Committee 22 12:00 p.m. • OCBA Center Judicial Relations Committee 12:15 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. Real Property Committee 12:00 p.m. • OCBA Center
28
3 Seminar 0 Paralegal Section Lunchtime
Out of State Discovery Practices and Procedures 12:00 p.m. • OCBA Center
Law Committee 3 1 Bankruptcy 12:00 p.m. • OCBA Center
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