Orange County Bar Association - The Briefs - June 2016

A Publication of the Orange County

Bar Association

Orange County Bar Association • 2016-2017 Officers and Executive Council

Inside this Issue: President’s Message Implementation of OCBA’s Long Term Goals is the Focus of Strategic Planning Initiative Wiley S. Boston, Esq.

June 2016 Vol. 84 No. 5

Professionalism Committee Remarks Upon Receipt of the 2016 Lawrence G. Mathews, Jr., Young Lawyer Professionalism Award Kristopher J. Kest, Esq.

Business Law Committee

Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies – Part 2 Frank M. Bedell, Esq. Dan Churay, Esq. Eric O. English, Esq. J. Patrick O’Malley, Esq.

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theBriefs June 2016 Vol. 84 No. 5

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PAGE 1

the Briefs

Contents 3

President’s Message Implementation of OCBA’s Long Term Goals is the Focus of Strategic Planning Initiative Wiley S. Boston, Esq.

4

Cruising the SevenCLEs: Bench Bar Conference, April 15, 2016

5

©2016

14

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

Legal Aid Society Teaching Tips Chapter 721 Tips Tenesia C. Hall, Esq.

Associate Editor C. Andrew Roy, Esq.

15-19

Hearsay Columnist Vanessa A. Braga, Esq.

Law Week Activities

20-21

Side Bar Columnist Kimberly A. Lopez, Esq.

2016 Bench Bar Conference

27

Professionalism Committee Remarks Upon Receipt of the 2016 Lawrence G. Mathews, Jr., Young Lawyer Professionalism Award Kristopher J. Kest, Esq.

YLS on the Move Jennifer A. Smith, Esq.

YLS on the Move Jennifer A. Smith, Esq.

29

7

Clerk’s Corner 2016 Report to the Citizens of Orange County Tiffany Moore Russell, Esq.

8

Business Law Committee Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies – Part 2 Frank M. Bedell, Esq. Dan Churay, Esq. Eric O. English, Esq. J. Patrick O’Malley, Esq.

11

How to Avoid the Attention of the IRS When Making Family Limited Partnership Gifts Bruce A. Johnson, ASA

12

Legal Aid Society What We Do...

Legal Aid Family Law Services Tenesia C. Hall, Esq.

13

Legal Aid Society GAL Teaching Tips Being a GAL is No Easy Task: The VAC Program Can Help!

Marie M. Priebe, Esq.

Hearsay Vanessa A. Braga, Esq.

30

New Members

31

Paralegal Post Paralegal Professionalism and the Updated Florida Bar Professionalism Expectations Patricia C. DeRamus, ACP, FRP

34

12th Annual Texas Hold’em Charity Poker Tournament

35

Annual Winter Wine & Cheese Social

36

Classifieds

37

Announcements

40 Calendar

w OFFICERS Wiley S. Boston, Esq., President Elizabeth F. McCausland, Esq., President-elect Richard S. Dellinger, Esq., Treasurer Mary Ann Etzler, Esq., Secretary w EXECUTIVE COUNCIL Jared A. Brooks, Esq. Philip K. Calandrino, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Jamie Billotte Moses, Esq., Ex Officio Brett R. Renton, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero

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 ©2016 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

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Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 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 2016 Vol. 84 No. 5

President’sMessage

June 2016 I Wiley S. Boston, Esq.

Implementation of OCBA’s Long Term Goals is the Focus of Strategic Planning Initiative

am looking forward to a great year for the Orange County Bar Association and am grateful for the opportunity to serve as president.

First, as a new fiscal year begins for the Orange County Bar Association, we bid farewell to the presidency of an exceptional lawyer, leader, and person, Jamie Billotte Moses, Esq. Her energy level, engagement of staff, and ubiquitous presence at bar events have benefitted the association over the preceding year. And, her genuine commitment to diversity and inclusion is an example for all of us to follow. She tirelessly served all of us, without financial compensation for doing so, and likely at some contemporaneous expense to her personal practice. We owe her a debt of gratitude, and I personally thank her for leaving the bar association in a condition that simplifies the job for her successors, and for helping ensure a smooth transition.

While elected leaders change from year to year, the long term programs and vision of the bar are more constant. This year we anticipate commencing, and approximately six months later concluding, a structured strategic planning process to help the association achieve its goals for years into the future. This will likely begin with a winter membership survey conducted by email, and I implore you to resist your initial urge to ignore and delete the email when it comes, because your responses are critical to provide an objective basis for us to determine what programs are and are not important to members.

Besides focusing on long range planning, it will be a priority of my presidency to continue the Executive Council’s focus on prudent financial management. We have made light years of progress in this regard, but we will continue to improve. Another priority will be to continue to raise the inclusiveness of the bar and seek to engage more of our members in the committee events and social events that are a benefit of membership.

To conclude with a report on a recent OCBA event, I was privileged to represent the association at a naturalization ceremony, coordinated by the Law Week Committee and the Immigration Law Committee, in which thirty-five people became citizens, representing thirty-five countries of origin. The planning committees engaged numerous Girl Scouts at the ceremony to present the flag,

theBriefs June 2016 Vol.84 No.5

sing “America the Beautiful,” discuss the importance of the Miranda decision (the Law Week theme this year), and showcase the principles of the Girl Scouts. Seeing many people seek out and obtain the rights and responsibilities of United States citizenship drove home to the participating Girl Scouts, and reminded me, how fortunate we are to live in a country with a fair and impartial judiciary, where people have access to courts, and where the rule of law controls. For those of us who were born here, it is easy to take those principles for granted. Each of you can be proud of your support for those principles via your support for the Legal Aid Society of the Orange County Bar Association and your support of the OCBA Foundation.

Keeping in mind the principles we value, I am pleased to announce that we will be partnering with Tiger Bay Club of Central Florida to host a Judicial Candidate Forum this year at our July 28, 2016 luncheon. Although we don’t have a luncheon in June, we anticipate that July’s forum will more than make up for it. All judicial candidates with contested elections in the Ninth Judicial Circuit have been invited to participate and share their qualifications. We expect it to be an informative event and hope you will be able to attend. I’d like to thank Eddie Fernandez, Esq., president of Tiger Bay and OCBA Executive Council member, for facilitating and co-hosting this special luncheon.

Thank you all for your membership, for your support of the Legal Aid Society and the OCBA Foundation, and for your survey participation.

Please do not hesitate to contact me or the OCBA staff over the coming year with any suggestions or constructive criticism that may help the bar improve.

Wiley S. Boston, Esq., is a partner with Holland & Knight LLP. He is Board Certified in Real Estate Law in Florida and practices in the area of commercial real estate law, with emphasis on leasing of office, industrial, and retail properties, representation of developers of commercial projects, and real estate finance. He has been a member of the OCBA since 1996.

www.orangecountybar.org

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June16 – Cover IDs

Photo: Flo Boehm

Orange County Bar Association • 2016-2017 Officers and Executive Council

Seated: Mary Ann Etzler, Esq., Secretary; Wiley S. Boston, Esq., President; Elizabeth F. McCausland, Esq., President-elect; Richard S. Dellinger, Esq., Treasurer Row 2: Gary S. Slazman, Esq.; Kristopher J. Kest, Esq.; Anthony F. Sos, Esq.; Ryan Williams, Esq.; LaShawnda K. Jackson, Esq.; Jared A. Brooks, Esq.; Philip K. Calandrino, Esq.; Jamie Billotte Moses, Esq., Immediate Past President Row 3: Eduardo J. Fernandez, Esq.; Eric C. Reed, Esq.; William A. Davis, Jr., Esq.; Brett R. Renton, Esq., YLS President; William D. Umansky, Esq.

Special Cruising the Seven CLEs: Bench Bar Conference, April 15, 2016

M

All hands on deck! Marilyn Carbo and Milly Gonzalez of the Legal Aid Society collected luggage donated by conference attendees. The luggage will be given to children in foster care.

ore than 300 attendees set sail on the “U.S.S. OCBA” for the bar’s biennial Bench Bar Conference, where more than 50 judges presented 60 sessions on topics as diverse as appellate practice, bankruptcy, business law, criminal litigation, family law, and more.

A lunch and learn panel discussion entitled “O Captain! My Captain! A Word from Our Chief Judges” featured the Honorable Frederick J. Lauten, Chief Judge, Ninth Judicial Circuit; the Honorable John D. Galuzzo, Chief Judge, Eighteenth Judicial Circuit; the Honorable Karen S. Jennemann, U.S. Bankruptcy Court, Middle District of Florida; the Honorable Steven J. Merryday, Chief Judge, U.S. District

PAGE 4 www.orangecountybar.org

Court, Middle District of Florida; and the Honorable Terence R. Perkins, Chief Judge, Seventh Judicial Circuit. OCBA president Jamie Billotte Moses, Esq., moderated. (See photo on page 21.)

Attendees generously contributed to the Legal Aid Society of the OCBA, Inc.’s, luggage drive, benefitting children in foster care.

The next OCBA Bench Bar Conference will be held in spring 2018.

theBriefs June 2016 Vol. 84 No. 5

ProfessionalismCommittee Remarks Upon Receipt of the 2016 Lawrence G. Mathews, Jr., Young Lawyer Professionalism Award

W Kristopher J. Kest, Esq.

hat if…instead of publishing opinions detailing the bad behavior of certain lawyers, the Florida Supreme Court published opinions highlighting the professional behavior of most lawyers? What if…instead of handling complaints of unprofessional behavior, the Ninth Circuit Professionalism Panel investigated and recognized the myriad examples of excellent, professional lawyering that occurs every day in Orange County? What if…instead of a lawyer’s Facebook feed being filled with reports of the latest fisticuffs during a deposition, it highlighted examples of the far more common professionally taken deposition?

The answer is that new lawyers would have examples of professional behavior on which to model their own practice. And new lawyers need those examples, but not because professionalism is in decline. It is not.

There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid.

Yet the impression is common, almost universal.

The above quote is from Abraham Lincoln’s notes for a speech he was going to give in 1850.

Although it is not known whether he gave the speech, it shows that concern over unprofessional behavior in the practice of law is nothing new.

What has changed, perhaps, is the greater visibility of unprofessional behavior because of email, social media, and the like, and the recent focus on combating unprofessional behavior.

What is often missing in the commendable drive to root out and address incidents of unprofessional behavior is the opportunity to celebrate all of the excellent and professional lawyering that takes place every day. This is particularly problematic because new lawyers need examples of what to do as much as, probably more than, examples of what not to do.

Practicing professionally is not innate, nor is it the same as having a strong moral compass. Professionalism is a learned skill, just like writing a brief, conducting a deposition, or delivering a closing argument. A request for an extension of

theBriefs June 2016 Vol. 84 No. 5

time to respond to discovery is an easy example.

While the rules (35 days to respond, zealously represent one’s client) might not lead to the conclusion that the extension should be granted, experience and perspective show that granting the extension is usually the appropriate and professional response.

We do a great disservice to a new lawyer if we leave her with the impression that acting professionally is something she should just know how to do – that it is not something she will have to learn. When a new lawyer is bombarded daily (particularly through social media) with examples of the worst our profession has to offer, she is perhaps left scared of making the wrong move but without a solid understanding of what is the right move.

What if…the new lawyer was met with regular, small examples of professional lawyering each time she opened her Twitter feed? Or she read in the first few pages of each week’s Florida Law Weekly legal opinions featuring professional behavior right next to the opinions suspending or disbarring a few bad apples? To be most helpful to new lawyers, the good must be highlighted at least as much as the bad. What if…we all found ways to celebrate the professional behavior that we see every day?

Did your opposing counsel conduct a courteous and respectful deposition in a contentious case?

Give them a shout out on Twitter! Perhaps the other side reached out to you with a phone call to resolve an issue that could have, if handled differently, become a major issue in the case. Post it to Facebook! Maybe your trial went more smoothly because the defendant’s counsel agreed to the admission of exhibits that were not really in dispute.

Mention that in your appellate brief! These small, everyday examples of professionalism in the practice will give young lawyers something on which to model their own behavior, and will show them (and the general public) that practicing with professionalism is more common and expected than popular culture would lead them to believe.

Kristopher J. Kest, Esq., Kest Family Law, P.A., received the Legal Aid Society of the OCBA, Inc.’s New Attorney Award of Excellence in 2010 and 2012, is a current member of the OCBA Executive Council, and has served on the Ninth Judicial Circuit Local Professionalism Panel. He has been a member of the OCBA since 2005.

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PAGE 5

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PAGE 6 www.orangecountybar.org

ttheBriefs June 2016 Vol. 84 No. 5

Clerk’sCorner

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

2016 Report to the Citizens of Orange County

ransparency in government is one of the most important responsibilities of an elected official. That is why I am so excited to share with you the Orange County Clerk of Court’s 2016 Report to the Citizens.

The report includes important information on our commitment to provide exceptional customer service, cutting-edge technology, access to justice, the financial health of this office, trends in case filings, and expansion of services.

Our strategic plan is outlined in the report, as is our philosophy on the importance of holding ourselves accountable to it. Each strategic goal reinforces our strong commitment to quality in all aspects of our work.

While the majority of our work takes place within our offices, including maintaining court files, collecting fees and fines, and assisting judiciary in the courtroom, we can’t be successful without going out to the community to have a meaningful dialogue with people who count on us.

FYI: Thank you for helping the OCBA continue to provide this valuable member benefit!

To that end, we have embarked on an ambitious community outreach program. I’m very proud of the efforts highlighted in the Report to the Citizens, including my pledge to expand our outreach to a more diverse audience.

I am so grateful for a dedicated and caring staff that enthusiastically seeks ways to improve our processes and customer service. Some of our greatest accomplishments started with ideas from frontline deputy clerks. I am also thankful to the OCBA for its continued support and partnership.

I hope you’ll take some time to read the 2016 Report to the Citizens and see all we are doing to create positive experiences for our customers, partners, and the community.

You can find our 2016 report on the Clerk’s Office website at www.myorangeclerk.com.

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

OCBA Luncheon Cancellation Policy The OCBA is happy to provide luncheons throughout the year as a valuable member benefit, but no-shows incur significant charges for the OCBA. If you have RSVP’d and find you cannot attend, please cancel your reservation by the published cancellation deadline. If you do not cancel, we will follow the policy below.

First no-show: We will record your reservation as a no-show.

Subsequent no-shows: You will be invoiced $35 per missed luncheon.

To Cancel: Send cancellation to Marie West at mariew@ocbanet.org.

Include the name of the person whose RSVP is being cancelled.

Include the date of the luncheon being cancelled.

Cancellations by phone will not be accepted.

theBriefs June 2016 Vol. 84 No. 5

www.orangecountybar.org

PAGE 7

Business LawCommittee Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies – Part 2

Frank M. Bedell, Esq.

Dan Churay, Esq.

Eric O. English, Esq.

J. Patrick O’Malley, Esq.

Editors’ note: Below is part 2 of a two-part article to worry about running certain strategic points first published by the Association of Corporate by me to make sure that a motion or a deposition strategy isn’t going to inadvertently squelch Counsel in its magazine, ACC Docket. some settlement you know nothing about. And Introducing the settlement counsel idea to trial counsel illiston decided to discuss the matter with I’ve heard you say more than once that you don’t his lead trial lawyer, Edward Darrow. He really like talking settlement.” reached Darrow in his car as he was driv- “I’m going to give this settlement counsel a shot. ing to another deposition in South Carolina. Most of them work on contingency anyway. In fact, I want you to just keep doing what you’re “What’s up, Roger?”

“Not much, Ed. Trying to figure out how to get doing, because the better prepared we are to try everything done. I’d like to talk about how we’re the case, the more leverage I’ll have to get a decent settlement.” staffing the Charleston case.”

“One more thing, you and I have read “OK, Roger. What do you have the same studies that report that compaGeneral counsel in mind? I thought that we nies that look to resolve cases early save were good on the division of and trial attorneys money, not only in costs of litigation, labor, but I want to make sure may have the but they get resolutions at a lower cost. we’re on the same page.” background and skills We all know how protracted litigation “Well, Ed, I think that you and adds significant costs to the settlement your team are doing a great job. to take on settlement picture, and you add to that how enRoger continued, “I’m going to responsibilities, trenched the parties become in their rebring another person onto the spective positions – and we end up with team to start talking now about but aren’t always a case that is hard to settle and more exwhether there’s some middle the best choice, pensive to settle.” ground, or maybe even some Roger concluded, “I will make sure ground that’s anywhere close to given their primary settlement counsel coordinates with you the middle that we could live responsibilities. and doesn’t jeopardize what you are dowith.” ing.”

“Roger, I don’t know what you’re saying. You know how these things go; we’ve done plenty of Settlement counsel and trial counsel: Who does what? them together. And we eventually get where we Darrow and Williston discussed settlement counneed to be at mediation or at trial. You and I have sel further and clarified the following points: • Who controls litigation strategy? The cligotten good results together.” ent and the trial lawyer.

“Ed, we have worked well together. I’ve just got• Who controls the settlement strategy? ten a call from a guy who said he’s been hired by The client and the settlement counsel. the other company to be their settlement counsel.”

• What does the trial lawyer do with questions regarding settlement? Refer those “Settlement counsel? What’s that?” questions to the client and settlement counAfter Roger explained settlement counsel to Ed sel. and went through some of the reasons for why • What does settlement counsel do with it made sense, Ed asked, “Roger, I thought you questions regarding litigation? Refer those were the one who usually did the risk analysis questions to the client and the trial lawyer. and planned negotiation strategy, and that we did most of that together?”

• Who formulates and conducts settlement discussions? The settlement counsel with “That’s right, Ed. I typically do that stuff, but I’ve approval of the client and trial counsel. decided to give settlement counsel a try. While I know I can do this, the question is really should • Who is in charge of the case? The client.

I do it? I would really like the input of an independent third party. Who knows – it might be Darrow said, “I get it, Roger. You’re right; I don’t good for you and your team. You now don’t have like having to try to talk settlement with the same

W

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theBriefs June 2016 Vol. 84 No. 5

guy who’s badgering my witnesses in depositions and disparaging us in Court filings.

And I really don’t like compromising. I’ll continue getting this case ready for trial.

Not having to focus on settlement means I can focus on what I really want to do – try this case.”

Settlement counsel hired while the litigation continues Williston met with the CFO, who liked that all three settlement counsel had proposed a limited duration for their retention and a success fee for their compensation.

The CFO was also anxious to see if a settlement could be reached so the buy-out could move forward, and she would not have to testify about whether the electronic document policy had been followed, especially when it came to some of the financial data that was at issue in the litigation. She agreed to add a settlement counsel to the legal team.

Williston sent the settlement counsel the pertinent pleadings, rulings and discovery from both cases. While negotiating the terms of compensation, Williston and the CFO mentioned their skepticism about adding another member to the legal team.

The settlement counsel said, “A Harvard professor named Frank Sander once said something to the effect that only a lawyer could say with a straight face that you should hire two lawyers to save money, but I think you’ll see that this system works.”

They agreed to a termination date and a compensation arrangement based on a successful resolution. After getting the fee agreement in place, the settlement counsel met with lead litigation counsel, and his team, to ensure that they were communicating effectively. They agreed upon a clear demarcation of their respective roles for Williston and the company.

Meanwhile, the two opposing settlement counsel reached an agreement on the terms for the voluntary exchange of highly relevant information, and that all discussions would remain confidential and inadmissible pursuant to Federal Rule of Civil Procedure 408(a). They then started working on meetings and examining the materials provided by the other side.

As with most cases, there were a handful of important documents, and each side had plausible explanations for documents that appeared to be detrimental to their legal positions. Additionally, the experts had provided skilled illumination on some of the technical issues, but none of the reports offered any surprises or contained any massive oversights.

In other words, the trial lawyers had done theBriefs June 2016 Vol. 84 No. 5

a fine job preparing each case for trial.

Neither side had a clear advantage before a jury.

However, Williston received word of an unusual development in the Florida case.

The trial judge had reversed a prior ruling and would now allow the punitive damages to proceed, which meant that previously protected financial documents would have to be produced. Williston’s trial lawyer in Florida had said that even opposing counsel was surprised by this ruling, particularly since no motion for reconsideration had been filed. Williston worried that a sharp accountant could discern from certain financial documents that a buy-out was in the offing. If that happened it would drive the price of settlement up or perhaps tank the buy-out deal.

While Williston, Darrow and his Florida trial counsel were discussing the potential implications of the ruling, settlement counsel was looking for dates during which another day-long meeting could be scheduled to negotiate the terms of a “deal sheet” which would contain the factors to be addressed for a settlement. The magistrate judge in Charleston then entered an unusual order on the competing motions for spoliation of evidence. The order required counsel and party representatives to meet personally and submit stipulated facts and documents prior to an evidentiary hearing.

Clearly, the magistrate judge was frustrated with something that had occurred in the litigation.

While Darrow and his trial team prepared for the hearing, Williston and his settle-

ment counsel stepped up their work with their counterparts. Multiple drafts of a settlement agreement were exchanged, but the parties could not agree on the language of a liquidated damages clause in time to prevent the evidentiary hearing.

The evidentiary hearing went forward and resulted in an order that neither side could have predicted. The magistrate judge was satisfied with the explanations the parties provided regarding the evidence but made it clear to all, particularly to Williston, that she would not be as accommodating in future hearings.

The parties then negotiated the final terms on the settlement agreement, and the litigation was concluded. Unfortunately for Williston and his stock options, the buyout transaction never closed, but it wasn’t because the pending case interfered with the deal. He would not retire early in Seaside after all.

A settlement counsel convert Williston continued to use both trial lawyers and settlement counsel for the rest of his time at the company. He saw that his settlement counsel could generally achieve the following: • Open lines of communication with the other side, allowing both parties to obtain information that is helpful to a more accurate analysis of the case.

• Reach an earlier, cheaper and more effective settlement than waiting for a “perfect” settlement event, depencontinued page 10

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Business Law Committee continued from page 9

dent upon a court ruling or another external event.

• Determine sooner, rather than later, that the case cannot be settled under acceptable terms. Knowing this, Williston was more confident that a litigation team’s preparation for trial was necessary.

With settlement counsel, Williston was able to do a better job of managing legal matters for the company. He also worked better with his outside trial teams. Strategic victories and favorable rulings in court would both leverage the company’s bargaining position for negotiating a resolution, and strengthen the company’s case for trial, if the case couldn’t be resolved.

Conclusion Anyone familiar with complex, highstakes litigation will agree: settlement negotiations require time and focus. General counsel and trial attorneys may have the background and skills to take on settlement responsibilities, but aren’t always the best choice, given their primary responsibilities. Settlement counsel helps companies determine whether there is an acceptable, perhaps desirable, alternative to the cost and risk of a litigated outcome – usually with less cost and aggravation.

Dan Churay, is executive vice president – corporate affairs, general counsel and corporate secretary at MRC Global Inc., a Fortune 500 supplier of pipe, values, fittings and other supplies to the energy industry. danchuray@sbcglobal.net Frank M. Bedell, is a member of Bedell Dispute Resolution in Orlando, Florida and specializes in complex commercial matters. Prior to concentrating on settlement strategies, he spent more than 25 years litigating a variety of commercial disputes in state and federal courts. frank@bedelldisputeresolution.com

Eric O. English, serves as chairman of the nominating and governance committee of a publicly traded company and serves on the executive committee for the Owen Panner Inns of Court.

He graduated from the University of Texas at Austin. english@rsllp.us J. Patrick O’Malley, is a partner at Resolution Strategies LLP. A former in-house counsel, O’Malley continues to advise entrepreneurs and senior management in a number of private and publicly held companies. He received his JD from the University of Oregon Law School. omalley@rsllp.us Reprinted with permission of the authors and the Association of Corporate Counsel as it originally appeared: Dan Churay, Frank M. Bedell, Eric O. English, J. Patrick O’Malley, “Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies,” ACC Docket, October 2015, at 51-58.

Copyright © 2015, the Association of Corporate Counsel. All rights reserved. If you are interested in joining ACC, please go to www.acc.com, call 202.293.4103 x360, or email membership@acc. com.

ACC EXTRAS ON… Settlement counsel Program Material Early Resolution of Claims Using Settlement Counsel (May 2014) www.acc.com/ settlementcounselwest-penn

ACC Chair’s ChoiceFixing Commercial Arbitration: Making It Work for Inhouse Counsel Around the World (Oct. 2013) www.acc.com/ choicefixingcommercialarbitration

Metrics Mania: Leveraging Law Department Metrics to Manage Costs and Improve Performance (Oct. 2008) www.acc.com/ metricsmania_ oct08

ACC Docket How to Manage Disputes in a Flat World (June 2014) www.acc.com/ managedisputesflat-world

ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC. COM, WHERE YOU CAN BROWSE OUR RESOURCES

BY PRACTICE AREA OR SEARCH BY KEYWORD.

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theBriefs June 2016 Vol. 84 No. 5

Special

T Bruce A. Johnson, ASA

How to Avoid the Attention of the IRS When Making Family Limited Partnership Gifts

he widespread use of Family Limited Partnerships (FLP) among taxpayers is due to its effectiveness for asset protection, dispute resolution, and favorable tax benefits for gifting. However, FLPs are not popular with the Internal Revenue Service (IRS). In fact, certain IRS officials have stated (off the record) that every FLP will be examined.

So, if a taxpayer wants to draw the attention of the IRS, here are a few easy steps: 1. Do not formally transfer the assets to the FLP and keep any real estate or brokerage accounts in an individual name.

2. Use the limited partnership assets for personal enjoyment and pay personal expenses with partnership income.

3. Don’t get a business appraisal done to document the value of every transfer.

4. Sell interests in the partnership for a higher value than the amount they are gifted within 12 months of each other.

On the other hand, risk-adverse taxpayers can properly document their gift transaction and avoid the scrutiny of the IRS. Formation and Operation In the 1990’s and 2000’s, the IRS challenged the formation of FLPs using Internal Revenue Code (IRC) § 2703 and IRC § 2704, which questioned the FLP’s validity under tax law.1 The basic challenge was an attempt to invalidate the FLP partnership agreement.2 After several less than successful attempts using IRC § 2703 and IRC § 2704, the IRS moved on to looking at the operation of the partnership.

Primarily, they have used IRC § 2036 to successfully invalidate FLPs due to taxpayers not respecting the business purpose of the FLP and, in general, commingling personal and business funds. IRC § 2036 is triggered where a decedent has retained possession, enjoyment, or right to income, or has retained control over who enjoys the income from the property.3 In contrast to the first three [sic] items listed above, a taxpayer who desires to not draw the attention of the IRS should: 1. Formally transfer the assets to the FLP at formation and legally hold any real estate or brokerage accounts in the name of the FLP. 2. Only use limited partnership assets for theBriefs June 2016 Vol. 84 No. 5

personal enjoyment by leasing the assets from the FLP and never pay personal expenses with partnership income. If an FLP owns real estate that you want to use, set up a lease agreement at market value.

If you need money, pay a market salary or management fee to the taxpayer for services rendered.

3. A taxpayer should not put all (90 percent to 100 percent) of their assets in the partnership so there are no outside resources to pay for living expenses.

Valuation Issues In almost every IRS challenge to FLPs, the case is focused around valuation issues. If a limited partnership interest was sold to a third party in an arm’s length transaction, it would most likely not sell for its pro rata value of the whole. For example, if an FLP has assets of $10,000,000, a 10 percent limited partnership interest would not sell for $1,000,000 (10 percent x $10,000,000 = $1,000,000). Depending on the assets involved, it would likely sell for 25 percent to 45 percent less than its pro rata value. This discount from the total or net asset value of the partnership is due to a limited partnership suffering from lack of control and lack of marketability. An investor would not buy a minority interest for it’s pro rata value because he or she do not control the management or liquidation of the entity. Likewise, there is not a market for a privately-held interest in an FLP, so an investor would require a discount for lack of marketability to offset the risk of buying the interest.

When valuing limited partnership interests, it continues to be common practice for many business appraisers to simply derive the net asset value of the partnership and then apply discounts for lack of control and lack of marketability based upon average discounts found in various published studies. This is referred to as the Costor Asset-Based Approach. The Tax Court has been particularly critical of this methodology due to the subjectivity involved in determining the discounts for lack of control and lack of marketability, including: • the wide range of discounts observed in the studies • the lack of supporting data on the entities contained within the studies

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Legal Aid SocietyWhat We Do...

W Tenesia C. Hall, Esq.

Legal Aid Family Law Services

hen I was asked to write an article for The Briefs about Legal Aid’s family law practice, I was uncertain what topic would be best.

Should I write a story about the abused clients we help? Legal Aid provides them safety and stability. On the other hand, maybe I should share information about grandparents needing court orders so they can obtain formal documentation that allows them to get medication and care for their grandchildren. Alternatively, I thought that discussing how representing out-of-wedlock mothers when their partner refuses to return children after visitation might be helpful. Then again, would writing about the types of services we provide in family law cases be best?

I have chosen the latter. By knowing what we do, maybe you can help us make a difference for very low-income families’ safety and stability.

In 2001, I joined the Legal Aid staff and have practiced primarily in the family law realm, representing clients with domestic violence, child support, and dependency matters. My passion for public service and a love for family law have never waned. Being a Legal Aid attorney provides me an opportunity to help preserve families, empower domestic violence victims, and change children’s lives. The best part of our work is our ability to minimize the negative effects that litigation has on families.

Regrettably, Legal Aid does not have funding earmarked specifically for family law matters except Guardian ad Litem cases. Legal Aid cannot provide legal assistance to the overwhelming number of family law clients who contact us. Last year, we had almost 5,000 requests for family law representation in litigated cases. We triage cases to help the most vulnerable clients. We have two staff attorneys who handle family law matters, Angel Bello-Billini, Esq., and myself. A panel of pro bono attorneys assists us.

Staff provides family law support and mentoring for volunteer attorneys. In addition to providing emergency legal assistance in family law, staff focuses on protecting our clients’ legal needs by focusing on cases of first impression and by drafting, supporting, or opposing legislation through our work with The Florida Bar Family Law Section’s Executive Council.

Since Legal Aid is unable to provide individual representation to every person seeking our help, we prioritize the family law cases we handle. For example, we provide emergency in-house legal assistance to custodial parents when the noncustodial parent refuses to return a child after

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visitation. We assist clients served with court papers and victims of domestic violence. We offer a number of legal strategies and services, including individual representation, advice and consultations, self-help classes, and community legal education presentations. We refer those we are unable to assist to the Clerk of Courts Self-Help Center and to the Orange County Bar Association’s Lawyer Referral and Information Service program.

Volunteer opportunities exist for those interested in helping low-income clients in family law, particularly in dissolution of marriage cases, temporary custody for relatives, guardianship of the person, and domestic violence injunctions.

We need the efforts of volunteer attorneys to help clients solve their family law disputes so they and their children can achieve both safety and stability.

The OCBA’s Family Law Committee chair, Teris Deitsch, Esq., says that providing pro bono services is incredibly important for most areas of law; however, I have seen how especially important it is to provide pro bono services for those with family law issues. Dealing with the usually emotionally charged issues in a divorce, paternity, or timesharing case is hard enough, but not being able to navigate the legal waters without the assistance of an attorney because you simply cannot afford one compounds the difficulty.

I have had pro bono clients tell me they stayed in a marriage too long or just felt like the easiest thing to do was to give in to the other party’s demands because they did not have an attorney. Providing pro bono services to those with family law issues helps people realize they have options and feel as if they finally have someone advocating for them.

We could not provide the above services without the support we receive from volunteers who handle cases and/or make financial donations. Thank you!

The Legal Aid Society of the OCBA, Inc., is a not-for-profit law firm. For more information, please contact Tenesia C. Hall, Esq., at tchall@ legalaidocba.org, or 407-841-8310, ext. 3167. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org, or 407-515-1850.

Tenesia C. Hall, Esq., a staff attorney with the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2001.

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theBriefs June 2016 Vol. 84 No. 5

Legal Aid SocietyGAL Teaching Tips Being a GAL is No Easy Task: The VAC Program Can Help!

I Marie M. Priebe, Esq.

n dependency cases, the saying “it takes a village” holds true. A Guardian ad Litem (GAL) is charged with the crucial task of representing a child’s “best interests.” When you strip away the legal complexities of this phrase, you are left with these bare essentials: providing a voice to a child, helping a child, and saving a child. It is not always an easy task to understand what a child needs or wants and whether a child is safe, happy, and loved. It does, in fact, take a village. The Legal Aid Society’s village consists of devoted, compassionate, and driven volunteer attorney GALs, inhouse staff attorneys, case coordinators, and nonlawyer volunteers who work together to maintain monthly contact with the children, attend court hearings, and secure needed services for the child.

To advocate for a child’s best interests, the GAL establishes an ongoing relationship with the child (or sibling group), investigates what the child needs, and makes recommendations to the court.

Our GAL program requires GALs to be licensed Florida attorneys. It is the only program in the state that does so, and there are countless benefits to this arrangement. Our GALs are already familiar with courtroom etiquette and proper procedure. They can cut their way through legal jargon and get down to the heart of the matter. Most importantly, they know how to litigate. Sometimes even the best attorneys need help.

One’s legal career or life experiences may not prepare a person to decipher the emotional trauma in the mind of a sexually abused teenage girl or an eight-year-old child with numerous medical complexities who has been neglected by his or her parents. Often, our GALs are busy.

Non-attorneys may partner with the GAL as a Volunteer Advocate for Children (VAC). VACs are trained volunteers who work with the GALs in gathering records, interviewing witnesses, meeting the child, and monitoring that child’s progress. VACs also assist with advocating for medical, mental health, educational, or economic services needed to bring stability and wholeness to the child’s life. To assist the VAC, the GAL program provides ongoing support services for each VAC, including advice and direction, case management supervision, a mentor program, and resource referral.

VACs are as diverse as the children we help to protect. They bring to the table their own specialized knowledge and life experiences. VAC

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Lorena DeChiaro worked as a registered nurse for more than twenty years. Her extensive medical knowledge enables us to better determine the needs of our medically fragile children. VACs like Jean Blauvelt and Sylvia Boyd devoted their careers to educating children and now spend their retirement providing their priceless knowledge to our GALs. They are often recruited to work with children who have developmental disabilities and provide vital insight into a child’s individual needs, knowing by experience what ingredients make for the ideal learning environment.

Sometimes, a GAL requires assistance connecting with a family or attending case meetings. VAC Nancy Flora is frequently requested by our GALs for her reliability and uncanny ability to bond with children and families alike. Nancy’s willingness to help at a moment’s notice is invaluable in the dependency arena, where circumstances often change by the hour.

GALs who have worked with VACs find that the experience has been helpful in fulfilling their duties. Robert Dietz, Esq., once said, “Contributions made by VACs are greatly appreciated and allow me to accept new cases needing immediate attention.” Robert W. Rasch, Esq., has been a GAL for twenty-two years and has worked on more than fifty cases. He has often worked with VACs for many of the reasons stated above. When asked to describe what it is like to work with VACs, he stated, “I have been blessed with a number of very good and dedicated VACs.” He recognizes VACs as an integral and essential part of his GAL team.

These volunteer attorneys are true advocates for our dependent children and have been assets to the GAL program. Through their teamwork, they have achieved numerous successful outcomes for our dependent children.

It does, in fact, take a village to represent a child’s best interests. The Legal Aid Society’s GAL program currently has more than fifty VACs who are ready and willing to help our GALs in representing the best interests of dependent children.

If you are a GAL and would like the assistance of a Volunteer Advocate for Children, or if you or someone you know would like to serve as a VAC, please contact the VAC Coordinator, Mexcye Roberts, Esq., mroberts@legalaidocba.org or 407-841-8310, ext. 3176.

Marie Priebe is a staff attorney for the Legal Aid

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continued page 28

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Legal Aid SocietyTeaching Tips

L Tenesia C. Hall, Esq.

Chapter 751 Tips

egal Aid’s immediate past president, Bill Davis, Esq., regularly teaches our temporary custody lunch and learn. He explains: Chapter 751 cases involve obtaining temporary custody of minors for family members when something has gone wrong with the parents. If successful, the work allows our clients to gain the authority to do many things for the children – like make medical decisions, apply for government benefits, and make schooling decisions.

Usually our clients come to us because they are already raising the children, but somebody has stopped them from making a basic decision for the child because our client lacks legal authority. We help overcome such barriers. The custody order often involves multiple children and keeps those children together with each other and with their extended family, rather than going into the foster care system. We help people who are stepping up to help children in need.

Prior to referring these matters to our pro bono attorneys, staff has confirmed that the petitioning party (our client) is related within the third degree and that this matter will not be contested by either parent or any other family member related within the third degree.

Two of our most common pro bono questions are: (1) who is related to the child “within the third degree” and (2) how does one obtain an uncontested final judgment?

Determining the Relationship between Party and Child Persons who are related to the child within third degree include: sisters, brothers, grandparents, nieces, nephews, aunts, uncles, and greatgrandparents. Step-parents are also eligible to seek this relief provided they are still married to the child’s parent and there is not a pending dissolution of marriage, support unconnected with dissolution, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction in which one or both of the child’s parents is an opposing party.

Setting a Final Hearing There are a few available options to obtain an uncontested “final” judgment.

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www.orangecountybar.org

Now that you have parental consent and/or defaults, you are ready to obtain a final judgment.

You do not need to attend mediation, notice the matter for trial, or file a Form 51. Instead, contact the judicial assistant to determine whether your final hearing can take place during short matters hearing time. Otherwise, coordinate a 15-minute hearing time with the judicial assistant.

Should you need to attend the final hearing, make sure the final documents are in the court file: (1) Petition for Temporary Custody of Minors

by Extended Family; (2) Waivers of Service of Process and Consent for Temporary Custody by Extended Family, death certificate, and/or default for each parent; (3) proposed Order, and, (4) Final Disposition Sheet.

If your client is seeking child support, please ensure that the court file contains the parents’ Financial Affidavits as well as a Child Support Guidelines Worksheet. You will also need to bring (5) an Income Withholding Order, (6) Florida Addenda to Income Withholding Order, and (7) the local Addenda to Income Withholding Order.

Once you have obtained a final judgment of temporary custody, please remember to notify Legal Aid of your case closure.

Thank you for helping us to provide this important service for clients.

The Legal Aid Society of the OCBA, Inc., is a not-for-profit law firm. For more information, please contact Tenesia C. Hall, Esq., at tchall@ legalaidocba.org, or 407-841-8310, ext. 3167.

For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org, or 407-515-1850.

Tenesia C. Hall, Esq., a staff attorney with the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2001.

theBriefs June 2016 Vol. 84 No. 5

2016 Law Week Activities Miranda: More than Words

Co-chairs C. Andrew Roy, Esq. Winderweedle, Haines, Ward & Woodman, P.A. Jessica A. Travis, Esq. Law Office of Jessica Travis, P.A. Treasurers Andrew P. Irvin, Esq. Robert F. Green & Associates, P.A. Phillip L. Gordin, FRP GrayRobinson, P.A. Liberty Bell Awards Bartley G. Vickers, Esq. Cole, Scott & Kissane, P.A. Randy A. Bock, Esq. Heatwole Law Firm, P.A. DUI Mock Trials Patricia A. Savitz, Esq. The Florida Bar

“A Day in the Life of a Judge” Job Shadowing Judge Heather Pinder Rodriguez Ninth Judicial Circuit Tara L. Tedrow, Esq. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Samantha L. Aylward, Esq. Grower, Ketcham, Rutherford, Bronson, Eide & Telan, P.A. Pathways in Law Esther M. Whitehead, Esq. Law Office of Esther M. Whitehead, PLLC Marisa L. Green, CP Zimerman Kiser Sutcliffe, P.A. & The Central Florida Paralegal Association

Keshara D. Cowans, Esq. The Florida Bar

Peonca S. Grier, Esq. Dean, Ringers, Morgan & Lawton, P.A.

Wolf v. Pig Mock Trials Jamie M. Blucher, Esq. Zimerman Kiser Sutcliffe, P.A.

John W. Starks Hilton Grand Vacations

Brandon M. Sapp, Esq. Public Defender’s Office Poster & Speech Contest Jennifer L. White, Esq. McEwan, Martinez, Dukes, and Hall, P.A. Misty M. McGlothern, FRP Men’s Divorce Law Firm Tiffany R. Wax, Esq. Charles Schwab Naturalization Ceremony Teresa Finer, Esq. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Natalia Gove, Esq. Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Judge Faye Allen Ninth Judicial Circuit Judge Steve Jewett Ninth Judicial Circuit Law Day Luncheon Lorraine N. Pitre, Esq. Florida Hospital Jennifer R. Finch, FRP Winderweedle, Haines, Ward & Woodman, P.A. Law Day 5k Nikki R. Rodeman, FRP Cole, Scott & Kissane, P.A. John P. Orlando John Orlando & Associates Orange County Public Schools Liaison James Larsen

theBriefs June 2016 Vol. 84 No. 5

www.orangecountybar.org

PAGE 15

C. Andrew Roy, Esq., Law Week Co-chair, OCBA Outstanding Service Award; Jamie Billotte Moses, Esq., OCBA President; Jessica A. Travis, Esq., Law Week Co-chair, OCBA Outstanding Service Award

Diane Owings, recipient of the OCBA 2016 Liberty Apple Award for Exemplary Service to the Community

Bobby Kasper, recipient of the OCBA 2016 Liberty Shield Award for Exemplary Service to the Community

Lauren Heatwole, Esq., 100% Club, Heatwole Law Firm, P.A.; Wiley S. Boston, Esq., OCBA President-elect

Harbor House of Central Florida Recipient of the OCBA’s 2016 Liberty Bell Award OCBA members shown: Jamie Billotte Moses, Esq.; Jill S. Schwartz, Esq.; C. Andrew Roy, Esq.; Bart Vickers, Esq.; Jessica A. Travis, Esq.

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theBriefs June 2016 Vol. 84 No. 5

Law Day Luncheon April 28, 2016

Co-hosted by the Law Week Committee The Ballroom at Church Street

Kyra Alston, First Place Winner, Speech Contest

Ysatis Rios-Sabat, 2016 Law Week Best in Show, First Place Winner, Poster Contest, Grades 9 –12

Chiara A. Agudelo Lenhard, First Place Winner, Poster Contest, Grades 1 – 5 Seth Davis-Profeto, Second Place Winner, Poster Contest, Grades 9 –12

Nichika Holdrum, Third Place Winner, Speech Contest

Janelys Camelo, Second Place Winner, Speech Contest

Luke Sos, Second Place Winner, Poster Contest, Grades 1 – 5

Photos: Flo Boehm

theBriefs June 2016 Vol. 84 No. 5

Sophia Wanda Gallardo, Third Place Winner, Poster Contest, Grades 1 - 5

www.orangecountybar.org

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PAGE 18 www.orangecountybar.org

theBriefs June 2016 Vol. 84 No. 5

2016 Law Week Activities Miranda: More than Words

theBriefs June 2016 Vol. 84 No. 5

www.orangecountybar.org

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PAGE 20 www.orangecountybar.org

theBriefs June 2016 Vol. 84 No. 5

2016 Bench Bar Conference Cruising the Seven CLEs April 15, 2016

Loews Portofino Bay Hotel at Universal Orlando

Gold Thomson Reuters, Westlaw Silver Family Law Software FLAG Insurance Services LexisNexis Lingua One Matson Driscoll & Damico – Forensic Accountants NCM Nick Grounds, RICP Orange Legal Stahl Consulting Upchurch Watson White & Max Mediation Group U.S. Legal Support Victory Trial Consulting

Photo: Donna Savovic

Law Firm Holland & Knight, LLP Law Offices of Robert B. Fisher, P.A. Ponall Law, P.A. Rumberger, Kirk & Caldwell, P.A. Shuffield, Lowman & Wilson, P.A. The Maher Law Firm, P.A. The Skambis Law Firm In-Kind D4 – Conference Posters Legal Aid Society of the OCBA, Inc. Toshiba – Conference Program Boehm & Boehm, Forensic Media Consulting – Charging Station

theBriefs June 2016 Vol. 84 No. 5

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theBriefs June 2016 Vol. 84 No. 5

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theBriefs June 2016 Vol. 84 No. 5

theBriefs June 2016 Vol. 84 No. 5

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theBriefs June 2016 Vol. 84 No. 5

YLS on the move

H

Jennifer A. Smith, Esq.

ere are a few of the things we have been up to: Our April luncheon was held on April 21, 2016, at the Citrus Club. April’s speaker was Kristopher Kest, Esq., recipient of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. Kristopher encouraged us to foster professionalism by recognizing examples of it whenever we have an opportunity to do so. Read Kristopher’s remarks in this issue of The Briefs, and feel free to share your positive professionalism experiences on our Facebook page!

YLS president Brett Renton, Esq., has named the 2016-2017 executive board. As published previously, Keshara Cowans, Esq., will serve as president-elect. In addition, Brock Hankins, Esq., will serve as treasurer; Jill Simon, Esq., will serve as secretary; Jen Smith, Esq., will serve as communications coordinator; and Amber Davis, Esq., will remain on the board as immediate past president. At large members of the board are Michael Barber, Esq.; Joey Chindamo, Esq.; Heather Meglino, Esq.; C. Andrew Roy, Esq.; Amanda Sampaio, Esq.; Brandon Sapp, Esq.; and Charity Tonelli, Esq. The YLD representatives are Eric Elms, Esq., and Karen Persis, Esq. Our May luncheon was a special “Pass the Gavel” celebration, where immediate past president Amber and other past YLS presidents offered advice to our incoming president, Brett. Chairs and board members received awards and recognition as we recounted the great activities and events held during the past year. Brett then spoke about his vision for the 2016-2017 year.

Stay tuned for these upcoming YLS events: Afternoon at the State Courthouse: Friday, June 10, 2016. YLS’s Afternoon at the State Courthouse seminar provides unique 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

theBriefs June 2016 Vol. 84 No. 5

for summer associates, law clerks, attorneys, law students, paralegals, paralegal students, and other legal assistants. The seminar is open to the public.

The program will be held from 1:00 p.m. to 5:00 p.m. in the Jury Assembly Room at the Orange County Courthouse. The fee is $10 for registrations received by June 3 ($15 late registration and at the door). To register online, go to the YLS icon in the OCBA store. For details or to pay by check, see the ad on page 28 in this issue of The Briefs.

Summer Pub Crawl: You won’t want to miss our first summer event on June 10, 2016, from 5:30 p.m. to 9:30 p.m., immediately following Afternoon at the State Courthouse. The crawl will begin at Chillers, 33 W. Church St. in downtown Orlando. The cost of admission is $15 by the RSVP deadline of June 9, or $20 at the door. You don’t have to attend Afternoon at the State Courthouse in order to attend the Pub Crawl – but of course, we hope you’ll do both! Register through the OCBA store.

June Luncheon: Please join us on June 17, 2016, from 12:00 p.m. to 1:00 p.m. at the Citrus Club for our monthly luncheon. Check in is from 11:30 a.m. to 11:55 a.m. In June, we’ll have a panel of judicial assistants who will give our members the inside scoop about courtroom procedures and working with judges. Luncheons are a great way to network! The cost is only $10 for a threecourse meal for RSVPs received by June 15. RSVP through the OCBA store.

July Luncheon: Save the date: July 15, 2016.

Meet us at the Citrus Club, same time, for another great luncheon! Look for details about our July luncheon program in upcoming YLS email blasts.

Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

www.orangecountybar.org

PAGE 27

MDW118/TXJournal doc

7/20/04

1:51 PM

Page 1

LASGAL Teaching Tips

The Young Lawyers Section of the Orange County Bar Association Presents

(Black

continued from page 13

Society of the OCBA, Inc.’s Guardian ad Litem Program. For more information, doc 7/20/04 1: please contact 1 Marie at mpriebe@legalaidMDW118/TXJournal doc 7/20/04 1:51 PM MDW118/TXJournal Page (Black plat MDW118/TXJournal 7/20/04 1 ocba.org or 407-841-8310,doc ext. 3149.

For information about how you may financially MDW118/TXJournal doc 7/20/04 1:51 PM Page 1 LAS, please (Black plate) support contact Legal Aid SoMDW118/TXJournal doc 1:51 ciety Manager of Development, Donna 1:51 MDW118/TXJournal doc 7/20/04 7/20/04 This unique seminar provides insight into Haynes, at dhaynes@legalaidocba.org or 1/3 Page V 3.25” x 7.5” with larger type and procedures, local judicial policies 407-515-1850.

1/6 Page V 2.4375” x 4.875” Marie M. Priebe, Esq., GAL Program, Legal Aid universal courtroom decorum, and helpful No - No Charge Society of the OCBA, Inc.,Merit has been a member of with larger hints for attorneys practicing law throughout the OCBA sincetype 2014.

An Afternoon at the State Courthouse No Merit - No Charge

No Merit - No Charge

Central Florida. The seminar is taught by current judges and is designed for attorneys, No Merit paralegals, - No Charge law students, paralegal students, and other legal assistants and is open to the ® public.

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Friday, June 10, 2016 • 1:00 p.m.-5:00 p.m.

medical expert testimony in medical malpractice, personal injury & disability claims Orange County Courthouse • 425 N. Orange Avenue, ® Orlando, FL 32801 Jury Assembly Room – First Floor • Registration:®12:30 p.m.

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$ medical expertexpert testimony medical June malpractice, personal injury &thereafter disability claims 10intestimony by 3; $15 medical in medical malpractice, personal injury disability claimsinjury To register, go to&malpractice, the YLS Events section of the OCBA Store. medical expert testimony in medical personal & disability claims

Med-Witness provides Med-Witness provides Med-Witness provides

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To pay by check, mail payment with name of registrant to Paige L. Carlos, Esq., NeJame Law, P.A., 189 S. Orange Ave., Ste. 1800 Orlando, FL 32801. Make checks payable to OCBA YLS.

Med-Witness provides

Med-Witness provides For more information, please contact Paige Carlos at (407) 500-0000 or Paige@NeJameLaw.com.

Med-Witness provides quality medical in note thatexperts lunchexperts will notin be provided. quality* Please medical

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Med-Witness provides quality medical experts in quality medical experts quality medical experts in in quality medical expertscare in any field of health any field of health care any field of health care any field of health care

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For more information, please contact the membership department at 407-422-4551, ext. 225.

847-673-4422 (No merit – No charge subject to terms.)

PAGE 28

www.orangecountybar.org

theBriefs June 2016 Vol. 84 No. 5

Hearsay...

B Vanessa A. Braga, Esq.

theBriefs June 2016 Vol. 84 No. 5

The study of law is sublime, and its practice vulgar. – Oscar Wilde

eing new to the Central Florida community, it is easy to see the camaraderie among lawyers, whether at the OCBA or at one of the various voluntary bar associations. As we head into the hot summer months, we should aspire to maintain our cool and keep our tempers from flaring in the summer months. I’d like to think that Oscar Wilde was wrong about the practice of law in Central Florida being vulgar, given the remarkable achievements of our community and the congenial relationships that blossom while we zealously advocate for our clients.

Jennifer A. Smith, Esq., was elected partner at Southern Trial Counsel PLC. Brian A. Watson, Esq., has been elevated to partner in the Orlando office of Burr & Forman LLP. Vincent Falcone, Esq., and Taylor F. Ford, Esq., have recently been named shareholders at King, Blackwell, Zehnder & Wermuth, P.A. Vince has been with the firm since 2012, and Taylor has been with the firm since 2011. Congratulations to all!

Jason W. Searl, Esq., of GrayRobinson’s Orlando office, was elected to the Central Florida Partnership board of directors. Congratulations to Tenesia C. Hall, Esq., a staff attorney with the Legal Aid Society of the Orange County Bar Association, Inc., on her appointment to The Florida Bar Family Law Section’s executive council. Nicolette C. Vilmos, Esq., of Broad and Cassel in Orlando, was invited to participate in the Ninth Judicial Circuit’s newly formed Business Court Commission.

Andrew J. Manie, Esq., of the Law Office of Elayne M. Perez, P.A., recently published “Has Expanding Compensability of Heart Attacks in Florida Put a Cork in Victor Wine?” in the April 2016 issue of The Florida Bar Journal.

In the “On the Move” section, Charity J. Tonelli, Esq., has formed her own practice, Tonelli Law, PLLC. Stephanie N. Rensch, Esq., recently formed The Rensch Law Firm, PLLC. Ronald M. Schirtzer, Esq., joined Weinberg Wheeler Gunn & Dial, LLC as a partner of counsel, focusing on complex commercial litigation matters.

David R. McFarlin, Esq., joined Fisher Rushmer, P.A. as of counsel.

As always, this column is for you. Please send any Orange County Bar Association member news and updates to vanessa@burruezolaw.com. Stay cool, Hearsay!

Vanessa A. Braga, Esq. is an associate attorney with Burruezo & Burruezo, PLLC, handling labor and employment matters. She has been an OCBA member since 2014.

www.orangecountybar.org

PAGE 29

New M e mb er s Attorneys

Christina C. ALVAREZ Christian B. ANOUGE II Christina G. ARGUELLES Kathy ARLINE Jaclyn C. BLUMENFELD Roger A. HATFIELD Candace A. HAWTHORNE Eric W. HUGHES Divinne B. JOSEPH SMITH Alessandra B. MANES

SAVE THE DATE!

Michael D. QUINTERO Patrick J. SACCO Nicholas B. VARGO

To benefit the

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

Miranda ADAMS Silmara CAFFAGNI Raul MONTEAGUDO Laura RICHARDSON

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

Thursday, November 3, 2016 7:30 a.m. until 9:00 a.m.

Presidential Ballroom at Church Street Station 225 South Garland Avenue, Orlando, FL 32801 Parking limited (Reservations Required)

SPONSORSHIPS AVAILABLE:

Platinum Gold Silver Copper Bronze

EXPERT WITNESS - CPA • Business Valuation; Pension Valuation;

Collaboration and Litigation Support • Lifestyle Analysis; Financial Affidavit; Alimony; Equitable Distribution

$10,000 $5,000 $2,500 $1,000 $500

SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens.

Larger sponsors receive longer airtime and larger print font in marketing materials.

For sponsorship or to make donations, visit:

www.legalaidocba.org

Go to Donation Tab, By Donation Note: 2016 Breakfast of Champions

Contact:

Thomas J. Gillmore, CPA, CFE, CVA 407-716-4795• tomg@FloridaDivorceCPA.com

FOR MORE INFORMATION CONTACT:

DESIGNED BY

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

MARK YOUR CALENDARS

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

Membership Directory

RCL Portrait Design will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: 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.

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

PAGE 30

fs June 2016 Vol. 84 No. 5

www.orangecountybar.org theBrie

ParalegalPost

P

Paralegal Professionalism and the Updated Florida Bar Professionalism Expectations

aralegal learning is a life-long professional decision. In the end, it is a sum of small choices.

Each time you decide that you want to learn something, the experience will be more rewarding the next time.

Paralegals have seen an expansion of diverse professional opportunities both here in the United States and abroad. Paralegal members from the Cayman Islands, Puerto Rico, England, and Patricia C. DeRamus, ACP, FRP Canada attended the last National Association of Legal Assistants Conference in Tulsa, Oklahoma.

Our profession is changing, and we strive to provide forward-thinking legal education opportunities for our colleagues.

Joining professional organizations and networking help paralegals stay focused on their career goals, become engaged in community service, and enhance professionalism. Arguably, the most important and valuable reason for belonging to a professional association is to promote professionalism.

Are you focused on the right thing? Do you know what the professional expectations are for paralegals?

Florida Registered Paralegal Rule 20 and The Florida Bar Professionalism Expectations On September 10, 2015, the Supreme Court of Florida amended the Code for Resolving Professionalism Complaints, which was established in 2013, by deleting references Theresa Kahoun Thomas received the OCBA Paralegal Section’s 2016 Paralegal of the Year award to “The Florida Bar Ideals in May. Theresa was nominated by her attorney, and Goals of Professionalism” Denis Durkin, Esq., of Baker & Hostetler LLP, who and replacing them with “The wrote about the 36 years he and Teresa have Florida Bar Professionalism worked together. Congratulations, Teresa, for your Expectations.” This not only dedication to the profession! affects attorneys but paralegals, law office staff, and judicial assistants. How many paralegals are aware of the contents of Rule 20-7.1 Code of Ethics and Responsibility and specifically § (b) to (h)?

The Code for Resolving Professionalism Complaints provides that “members of The Florida Bar shall not engage in unprofessional conduct.”

It defines unprofessional conduct as “substantial theBriefs June 2016 Vol. 84 No. 5

and repeated violations of the Oath of Admission to The Florida Bar, The Florida Bar Creed of Professionalism, The Florida Bar Professionalism Expectations, The Rules Regulating The Florida Bar, or the decisions of The Florida Supreme Court.”

It provides a mechanism by which a complaint of unprofessional conduct is to be processed, including possible referral to a circuit’s local professionalism panel. The process also provides for possible referral for Florida Bar disciplinary proceedings.

Normally, we only hear about attorneys violating The Florida Bar Rules and Guidelines; rarely do we hear about paralegals being referred for unethical or unprofessional behavior. Yet paralegals are held to the same standards as attorneys. Are paralegals aware of that? Do we need to expand our education efforts and provide our colleagues with information about how and when to file a complaint should it become necessary? I suspect the answer is yes.

The Rules of Professional Conduct details the fundamental ethical principles that govern the profession and provides benchmarks for professional discipline. It contains specific provisions regarding conflicts of interest and other ethical issues, and lawyers and their paralegals and staff should be able to rely on those rules for guidance.

The Florida Bar’s Professionalism Expectations should be consulted as well.

Being a paralegal is not my job, it is my profession.

The Florida Bar takes professionalism seriously, and so should we. When our career is over, if we have conducted ourselves professionally and ethically, we are likely to say that we have been successful and that we are happy with the choices we made. As Albert Schweitzer said, “Success is not the key to happiness. Happiness is the key to success.”

See The Florida Bar website at www.flabar.org for professionalism guidelines and rules.

Patricia C. DeRamus, ACP, FRP, with the State Attorney’s Office in West Palm Beach, Florida, has held a variety of leadership roles with the Paralegal Association of Florida, Inc., and currently serves on The Florida Bar – Florida Registered Paralegal Committee.

www.orangecountybar.org

PAGE 31

Special Family Limited Partnership Gifts continued from page 11

• the inability of the appraiser to make adequate comparisons between the partnership being valued and the entities contained in the studies • improperly relying on prior court rulings to derive discounts For example, in Kelley v. Commissioner, the Court rebuffed both the IRS and taxpayer experts in their determination of a discount for lack of control, stating: …we find neither expert particularly persuasive on [quantifying the discount for lack of control]…4 For the discount for lack of marketability, the Court rejected the taxpayer’s calculation in Peracchio v. Commissioner because: [the taxpayer’s expert] makes no attempt whatsoever to analyze the data from those [restricted stock] studies as they relate to the transferred interests. Rather, he simply lists the average discounts … asking us to accept on faith the premise that the approximate average of those results provides a reliable benchmark for the transferred interests. Absent any analytical support, we are unable to accept that premise…5 Because a limited partnership interest is noncontrolling, a limited partner typically cannot exercise control over the sale of the assets of the partnership. Rather, the limited partner looks primarily to the income-generating ability of the partnership and the possible sale of assets at a future point in time to realize a return on their ownership interest. To adequately take into consideration the primary factors that influence the value of a limited partnership interest, appraisers should consider the use of both the Income Approach and Market Approach in their calculation of value. The Income Approach allows the appraiser to give consideration to the income generating and distributionpaying capacity of the interest. The Market Approach offers a look at alternative investments with similar characteristics in terms of asset type, profitability and leverage that can be purchased instead of the subject limited partnership interest.

The Income and Market Approaches offer a reliable way to value an interest in an FLP by quantifying risk and return using empirical data. For example, using PAGE 32

the Income Approach, an appraiser can forecast available cash flow generated by the investment and discount it to present value using a discount rate that reflects the risk of the limited partnership. The Market Approach is useful to determine the value of a privately-held interest by using pricing ratios of comparable, but publicly-held investments. Revenue Ruling 59-60 states that the sale transactions for publiclyheld interests should be considered when valuing privately-held interests. This is noted as follows: As generalization, the prices of stocks which are traded in volume in a free and active market by informed persons best reflect the consensus of the investing public as to what the future holds for the corporations and industries….

Various sources of data frequently used by appraisers to obtain comparative pricing multiples (such as a Price to NAV ratio) include, but are not limited to, closedend funds and publicly-held limited partnerships. It is important to note that the Income and Market Approaches are regularly used by appraisers to value privately-held, non-controlling interests in operating companies. In addition, these are the methodologies typically used by investors in the capital market.

As more and more appraisers have begun using empirical data in the Income and Market Approach to value interests in limited partnerships (as opposed to average discounts based upon published studies), new information is being published to support the derivation of rates of return for the Income Approach and the determination of pricing ratios for the Market Approach. Typically, investors in third-party transactions do not use an Asset-Based Approach by applying average discounts to an investment’s net asset value to determine the market value of an interest. Rather, investors seek an

appropriate return on their investment (Income Approach) or compare the subject interest to alternative investments (Market Approach) to determine a reasonable value. While the discount from net asset value is important to a taxpayer and the IRS, a business appraiser should focus on the resulting rate of return using proven valuation methodology. Using a rate of return calculation and comparisons to alternative investments are the primary methods for supporting a value.6 Steps for a Successful Gift So what steps can a taxpayer take when forming and gifting interests in an FLP to reduce the chances of an IRS challenge down the road?

1. Hire experienced legal and accounting counsel – As discussed, the IRS frequently challenges FLPs based on how they were formed and whether the partnership has been operated in accordance with the rules set up in the partnership agreement.

A taxpayer should keep separate checkbooks for both personal and partnership accounts and follow the legal formalities of the partnership agreement to prevent problems with the IRS in regard to legal and accounting issues.

2. Set a clear business purpose for the partnership – In addition to reducing taxes on partnership transfers, FLPs have other excellent benefits. They provide asset protection and management consolidation advantages. In addition, the rules in the partnership agreement set forth what to do in case of disputes. When setting up the FLP, your clients should take the time to think through how they want disputes handled and how best to resolve conflicts between the partners, who will likely be their children and their spouses. Of course, an experienced attorney can help with

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 www.orangecountybar.org

407-733-3662 espiesq@aol.com

theBriefs June 2016 Vol. 84 No. 5

this issue when writing the partnership agreement. Clearly stating the process to resolve problems can prevent gridlock in the future.

3. Document the value of any transfers – Some taxpayers decide to save money by not ordering a business appraisal.

However, as in the Estate of Harvey Evenchik v. the IRS, the taxpayer lost a significant tax deduction because he failed to have a proper business appraisal conducted. A properly prepared business appraisal is imperative to establish the value of the interest being transferred and also to start the statute of limitations on any transaction that requires a tax filing. This prevents the IRS from contesting the transaction years later and disrupting your client’s estate tax plan.

4. Hire a full time, accredited business appraiser – In the business valuation profession, there are appraisers with a wealth of experience and expertise and, as in any profession, there are inexperienced appraisers who may not have the training and knowledge necessary, if your client’s FLP transaction is audited by the IRS. When FLPs are litigated, business appraisal experts who use incorrect valuation methodology and whose reports are poorly written, have failed to support their determination of value. So it’s imperative that your client hire an experienced, accredited business appraiser who focuses on business valuation fulltime and not someone who offers business appraisal services on the side. The business appraisal should conform to the Uniform Standards of Professional Appraisal Practice.

Also, make sure that their firm is established and will be around in two to three years if your client’s transaction gets audited by the IRS. Appraisers with U.S. Tax Court experience who are accredited by one of the major appraisal organizations, such as the American Society of Appraisers, tend to be the most qualified, but don’t be shy to ask for references.

While there is no guarantee that your client’s FLP gift will not be examined by the IRS – and you cannot buy insurance to protect against the possibility of an audit – following the above steps will help you and your client make good judgments for maximum benefits from their FLP. By selecting good counsel, thinking through the long-term considerations of the partnership agreement, and properly documenting their transactions with a business appraisal, FLPs can be an excellent choice for asset protection, dispute resolution, and wealth transfers.

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Bruce A. Johnson, ASA, is a partner in the business valuation firm of Munroe Park & Johnson Inc. located in San Antonio, Tx. Johnson is an Accredited Senior Appraiser with the American Society of Appraisers and an instructor and course developer for Partnership Profiles “Valuing Family Limited Partnerships” seminars. He is a member of the Business Valuation Committee for the American Society of Appraisers and a coauthor of the Comprehensive Guide for the Valuation of Family Limited Partnerships.

Estate of Elsie Church v. United States, 2000-1 U.S. Tax Case. (CCH) 60,369 (W.D. Tex. 2000).

2 Baine P. Kerr, et ux. v. Commissioner, 113 T.C. No. 30 (1999).

3 Kimbell v. U.S., 371 F3d 257 93 5th Cir. (2004). [sic] 371 F.3d 257 (5th Cir. 2004).

4 Kelley v. Commissioner, 64 TCM 654 (1992).

5 Estate of Peracchio v. Commissioner, 86 T.C.M. 412 (2003).

6 Spencer Jefferies, et. al., Comprehensive Guide for the Valuation of Family Limited Partnerships, 4th ed., (Dallas, TX: Partnership Profiles, Inc., 2011), 127-129.

1

Reprinted by permission from the author.

Dan H. Honeywell

theBriefs June 2016 Vol. 84 No. 5

1/4 page OCBA The Briefs June 2016

www.orangecountybar.org

PAGE 33

12th Annual Texas Hold’em Charity Poker Tournament March 10, 2016

Ember Sponsored by Westlaw and Milestone Reporting

Proceeds from OCBA’s social events benefit the OCBA Foundation, Inc. PAGE 34

www.orangecountybar.org

theBriefs June 2016 Vol. 84 No. 5

Annual Winter Wine & Cheese Social

February 3, 2016

Winter Park Farmers’ Market Sponsored by LexisNexis, The Umansky Law Firm, The Men’s Divorce Law Firm, US Legal Support

Proceeds from OCBA’s social events benefit the OCBA Foundation, Inc. theBriefs June 2016 Vol. 84 No. 5

www.orangecountybar.org

PAGE 35

CLASSIFIED ADS EMPLOYMENT Downtown Orlando law firm is seeking a 5+ year fulltime litigation paralegal with experience handling insurance defense and/or plaintiff’s personal injury litigation. Benefits and Salary are based on experience. E-mail your resume to: dianna@vasko.net.

Small Law firm looking for Associate with minimum of 2 years’ experience in Family Law. Fax resume and salary requirements to 407-245-1148.

Fast paced Insurance Defense Firm located in Maitland, FL is searching for a Legal Assistant. The firm handles first party property/liability coverage issues.

Insurance defense and strong litigation experience preferred. Please send all inquiries to the jmccallister@rocklawpa.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.

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OFFICE SPACE SHARED One or two Winter Park offices with Lee Rd. signage available. Receptionist, confer-

To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association Orlando, FL 32801

ence rooms, copier and internet provided. $1,000 - $1,200 each.

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Beautiful full-service professional office space in Winter Park (Morse Boulevard). Recently renovated. 100 ft. by 150 ft. office. Large conference rooms and waiting area. Common areas shared by 2 law firms.

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Professional Services Retired or semi-retired aggressive attorneys to work on a part-time contract basis for Personal Injury Law Firm conducting depositions in the following Counties: Orange, Osceola, Lake, Volusia, Polk. Bilingual (Spanish) speaking preferred.

Send CV to lori.loftis@abercrombielaw.com – reference “part time attorney.”

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.

McMillen Law Firm, P.A. Gregory S. Martin & Associates, P.A. Alladi & Patel McShane & McShane Law Firm, P.A. Harris, Harris, Bauerle & Sharma Allen, Norton & Blue, P.A. Meenakshi A. Hirani, P.A. Heatwole Law Firm, P.A. Amy E. Goodblatt, P.A. Men’s Divorce Law Firm Higley & Szabo, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Morgan, White-Davis & Martinez, P.A. Hilyard, Bogan & Palmer, P.A. Banker Lopez Gassler P.A. Murphy & Berglund, PLLC Hornsby Law Benitez Law Group, P.L. Murrah Doyle Wigle & Torre P.A. Infocus Family Law Firm, P.L. Beshara, P.A. N. Diane Holmes, P.A. Billings, Morgan & Boatwright, LLC James H. Monroe, P.A. Nishad Khan, P.L. Jill S. Schwartz & Associates, P.A. Bodiford Law Group O’Mara Law Group Keating & Schlitt, P.A. Burr & Forman Ossinsky & Cathcart, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Carr Law Firm, P.A. Provencher & Simmons, P.A. Korshak & Associates, P.A. Cole, Scott & Kissane, P.A. Ringer Henry Buckley & Seacord, P.A. Kosto & Rotella, P.A. Colling Gilbert Wright & Carter, LLC Roman V. Hammes, P.L. Law Offices of Amber Jade F. Johnson, P.A. Cullen & Hemphill, P.A. Rumberger, Kirk & Caldwell P.A. Law Offices of Brent C. Miller, P.A. DeCiccio & Johnson Sasser & Weber, P.A. Law Offices of Walter F. Benenati Dellecker Wilson King McKenna Ruffier & Sos, LLP Sawyer & Sawyer, P.A. Legal Aid Society of OCBA Divine & Estes, P.A. SeifertMiller, LLC Lewis & Crichton Faddis & Faddis, P.A. Small Business Counsel Lynn B. Aust P.L. Fassett, Anthony & Taylor, P.A Southern Trial Counsel Marcus & Myers, P.A. Fisher Rushmer Stanton & Gasdick, P.A. Marshall, Dennehey, Warner, Coleman & Goggin Frank A. Hamner, P.A. Stovash, Case & Tingley McDonald Toole Wiggins, P.A. Frank Family Law Practice Swann Hadley Stump Dietrich McMichen, Cinami & Demps PLLC & Spears, P.A. Giles & Robinson, P.A.

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Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Dill Law Group The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Llabona Law Group The Orlando Law Group The Rosenthal Law Firm, P.A. The Skambis Law Firm The Smith Family Law Firm, P.A. Vose Law Firm, LLP Warner & Warner, P.L. West, Green & Associates, P.L. Wicker, Smith, O’Hara, et al.

Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Winderweedle, Haines, et al.

Wolf, Hill, McFarlin & Herron, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

theBriefs June 2016 Vol. 84 No. 5

Events June 10 – Afternoon at the State Courthouse. YLS. 1:00 p.m.-5:00 p.m. Check-in: 12:30 p.m. Orange County Courthouse, Jury Assembly Room. CLE: pending. $10 (by June 3); $15 at the door. For details, contact Paige Carlos at Paige@ NeJameLaw.com, or see ad in this issue of The Briefs.

July 21 – YLS Law Clerks Reception. YLS. 6:00 p.m.-10:00 p.m. Orange County Regional History Center. RSVP deadline: TBD. For details, contact Joey M. Chindamo at jchindamo@ gmail.com.

Seminars June 1 – Arbitration: An Alternative to Dispute Resolutions. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 approved. Speakers: Gary Salzman, Esq.; Lawrence Kolin, Esq.; Beppy L. Owen, Esq. Register by May 30 at the OCBA Store.

June 9 – Legal Issues Affecting Our Veterans and Resources Available to Them. Veterans Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Sgt. Major Victor Gomez, Family Programs Volunteer. Register by June 7 at the OCBA Store.

June 13 – Digital Assets. Estate, Guardianship & Trust Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending) Speaker: Joseph Percopo, Esq. Register by June 11 at the OCBA Store.

June 14 – Keeping Children Safe Act Certification for GALs. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Hannah Farber, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

June 17 – Getting to Know the Hon. Mike Murphy. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Hon. Mike Murphy. Register by June 15 at the OCBA Store.

June 28 – Family Law Special Issues - Relocation. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending.

Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 12 – Trauma-informed Care: From Case Plans to Placement Options. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m.

Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: pending. Speaker: Tanika Patrick, Case Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 14 – Grievance Committees and Professionalism Panels: What Do You Do When You Receive an “Invitation” to Appear? 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 407836-0443.

July 20 – Understanding the Strengths and Weaknesses of the Most Common Methods of Assessing Delay on a Construction Project. Construction Law Committee. 5:30 p.m.-7:00 p.m. OCBA Center. CLE: 1.0, including 1.0 Construction Law Certification Credit. Speaker: Amon Ackley, P.E. Register by July 18 at the OCBA Store.

July 26 – Depend Motion Practice 1: Common Depend Motions and How to Prevail in Court. LAS Lunchtime Training.

12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Kate York, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

July 29 – Bankruptcy Law Issues to Expand and Improve Your Practice. Bankruptcy Law Committee Major Seminar.

9:00 a.m. -1:30 p.m. OCBA Center. CLE: (pending). Speakers: Elizabeth F. McCausland, Esq.; Jill Kelso, Esq.; Charles W. Price, Esq. Register by July 27 at the OCBA Store.

An n o unce ments

theBriefs June 2016 Vol. 84 No. 5

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www.abota.org

Come see how the trial lawyer masters do it!

Register online now

Masters in Trial: A Trial Demonstration from Opening Statement through Jury Deliberations WHen

WHen

WHeRe

WHeRe

Thursday, September 15, 2016

Friday, September 16, 2016

Stetson University, Tampa Law Center Tampa, FL

FAMU Law School Orlando, FL

Benefits of attending:

• Watch the “best of the best” trial lawyers doing what they do best.

• Observe effective and proven techniques to use in direct and cross-examination of lay and expert witnesses.

• Network with colleagues and earn CLE credit.

Sponsored by

and the

Central Florida and Tampa Chapters of the American Board of Trial Advocates

Major Seminar

July 29

Bankruptcy Law Committee Bankruptcy Law Issues to Expand and Improve Your Practice

at the OCBA Center PAGE 38

9:00 a.m.-1:30 p.m.

CLE: (pending) Speakers: Elizabeth F. McCausland, Esq.; Jill Kelso, Esq.; Charles W. Price, Esq. Register through the OCBA Store by July 27

www.orangecountybar.org

OCBA Store www.orangecountybar.org/products/seminars

theBriefs June 2016 Vol. 84 No. 5

Order Your Orange County Courthouse Access Card Today Need to renew an existing card?

Download an application from our website, send it in, and we will use your existing photo. No need to come by – we’ll mail you your new card.

First-time card?

Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card.

Please contact Angie Rivera at 407-422-4551 or angier@ocbanet.org.

• Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2017 • $75

Jane Q. Public attorney

Issued: 01/01/2016 Expires: 12/31/2017

n Bar assOCiatiO Orange COunty rd Ca Cess COurthOuse aC

Purchasing card is optional for courthouse entry • OCBA membership is not required

theBriefs June 2016 Vol. 84 No. 5

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OCBA Calendar

There is no June Luncheon.

July 28, 2016 Judicial Candidate Forum

JUNE – JULY

June Business Law Committee

1 Seminar

LAS Lunchtime Training 28 Family Law Special Issues –

YLS Luncheon 15 11:30 a.m. • Citrus Club

Relocation 12:00 p.m. • Marks St. Senior Center

Arbitration: An Alternative to Dispute Resolutions 12:00 p.m. • OCBA Center

Professional Committee 12:00 p.m. • OCBA Center

July

Lawyers Literary Society 8 12:00 p.m. • OCBA Center

Professionalism Committee 5 12:00 p.m. • OCBA Center

7

Co-hosted by Tiger Bay Club RSVP by July 25, 2016 to http://orangecountybar.org/store See cancellation policy, page 7.

Solo & Small Firm Committee 19 12:00 p.m. • OCBA Center

Independence Day 4 OCBA Offices Closed

Law Committee 2 0 Elder 12:00 p.m. • OCBA Center Judicial Relations Committee 12:15 p.m. • Orange County Courthouse

Veterans Committee Seminar Business Law Committee 9 Legal Issues Affecting Our Veterans 6 12:00 p.m. • OCBA Center and Resources Available to Them 12:00 p.m. • OCBA Center Social Security Committee 12:00 p.m. • OCBA Center

10

Afternoon at the State Courthouse 12:30 p.m. • Orange County Courthouse, Jury Assembly Rm.

1 Committee 1 Estate, Guardianship & Trust

12:00 p.m. • OCBA Center

LAS Lunchtime Training 12 Trauma-informed Care: From Case Plans to Placement Options 12:00 p.m. • Marks St. Senior Center

Literary Society 1 Committee 3 Estate, Guardianship & Trust 1 3 Lawyers 12:00 p.m. • OCBA Center Digital Assets 12:00 p.m. • OCBA Center

Lunchtime Training 1 4 LAS Keeping Children Safe Act

Certification for GALs 12:00 p.m. • Marks St. Senior Center

Law Committee 1 5 Elder 12:00 p.m. • OCBA Center

1 7

YLS Luncheon 11:30 a.m. • Citrus Club

Family Law Committee Seminar Getting to Know the Hon. Mike Murphy 12:00 p.m. • OCBA Center

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

Brown Bag Lunch with Judge John Kest Grievance Committees and Professionalism Panels: What Do You Do When You Receive an “Invitation” to Appear?

12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm.

14

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

Construction Law Committee Seminar Understanding the Strengths and Weaknesses of the Most Common Methods of Assessing Delay on a Construction Project 5:30 p.m. • OCBA Center Law Clerks Reception 2 1 YLS 6:00 p.m. • Orange County Regional History Center

LAS Lunchtime Training 26 Depend Motion Practice 1:

Common Depend Motions and How to Prevail in Court 12:00 p.m. • Marks St. Senior Center

OCBA Luncheon 28 Judicial Candidate Forum

11:30 a.m. • Church Street Ballroom

Bankruptcy Law Committee Major Seminar Bankruptcy Law Issues to Expand and Improve Your Practice 9:00 a.m. • OCBA Center

29

Please check the OCBA website calendar for updates on events and seminars.

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theBriefs June 2016 Vol. 84 No. 5