Issuu

A Publication of the Orange County

Inside this Issue: President’s Message Following a Legacy of Service Richard S. Dellinger, Esq.

June 2018 Vol. 86 No. 5

Professionalism Committee Remarks Upon Receipt of the OCBA’s 2018 Lawrence G. Mathews, Jr., Young Lawyer Professionalism Award Amber N. Davis, Esq.

Bar Association

Law Week New Activities Made their Debut During Law Week 2018 Andrew P. Irvin, Esq. Lorraine N. Pitre Esq. Appellate Practice Committee Recent Changes in the Appellate Rules and Administrative Orders Carrie Ann Wozniak, Esq. Heather M. Kolinsky, Esq.

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theBriefs June 2018 Vol. 86 No. 5

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PAGE 1

Contents 3

President’s Message Following a Legacy of Service Richard S. Dellinger, Esq.

Professionalism Committee Remarks Upon Receipt of the OCBA’s 2018 Lawrence G. Mathews, Jr., Young Lawyer Professionalism Award Amber N. Davis, Esq.

Clerk’s Corner 2018 Report to the Citizens of Orange County Tiffany Moore Russell, Esq.

Appellate Practice Committee Recent Changes in the Appellate Rules and Administrative Orders Carrie Ann Wozniak, Esq. Heather M. Kolinsky, Esq.

Editor Kate T. Hollis, Esq.

Associate Editors Karen L. Middlekauff, Esq. & Robyn M. Kramer, Esq. Hearsay Columnist Vanessa A. Braga, Esq.

17-19

4th Annual Law Day 5k

YLS on the Move Jennifer A. Smith Thomas, Esq.

20-21

SideBar Alena V. Baker, Esq.

2018 Law Week Luncheon

w OFFICERS Richard S. Dellinger, Esq., President Anthony F. Sos, Esq., President-elect LaShawnda K. Jackson, Esq., Treasurer Eric C. Reed, Esq., Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II, Esq. Amber N. Davis, Esq. William A. Davis, Jr., Esq. Thomas B. Feiter, Esq. Kate T. Hollis, Esq. Eric B. Jontz, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Gary S. Salzman, Esq. William D. Umansky, Esq. M. Ryan Williams, Esq. Elizabeth F. McCausland, Esq., Ex-officio Jill D. Simon, Esq., YLS President

YLS on the Move Jennifer A. Smith Thomas, Esq.

Intellectual Property Committee Trademark Law v. The First Amendment Allison R. Imber, Esq.

Chief’s Column The Impact of Growth on the Ninth Judicial Circuit The Honorable Frederick J. Lauten

SideBar Alena V. Baker, Esq.

Board of Governors’ Report Report from The Florida Bar Board of Governors: March 23, 2018 Mary Ann Morgan, Esq. Wayne L. Helsby, Esq. Julia L. Frey, Esq.

33 Paralegal Post 2018 Florida Registered Paralegal Standing Committee Update Patricia C. DeRamus, ACP, FRP

Special Feature: Law Week New Activities Made Their Debut During Law Week 2018 Andrew P. Irvin, Esq. Lorraine N. Pitre, Esq.

New Members

Announcements

w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch

Classifieds

Legal Aid Society Teaching Tips Domestic Violence: Reviewing Injunction Petitions Tenesia C. Hall, Esq.

40 Calendar

Marketing & Sponsorship Manager Joan Giovanni

Legal Aid Society GAL Teaching Tips Serving Children with Developmental Disabilities Coravious L. Cowart, Esq.

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2018 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Fredo Figaredo, Unsplash ISSN 1947-3968

PAGE 2

the Briefs

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theBriefs June 2018 Vol. 86 No. 5

President’sMessage

June 2018 W Richard S. Dellinger, Esq.

theBriefs June 2018 Vol. 86 No. 5

Following a Legacy of Service

hen lawyers hear that I am the incoming president of the Orange County Bar Association, Inc. (“OCBA” or the “Bar”), they frequently ask what the OCBA will be doing for them during the coming year. For so many, this Bar is scrutinized through the lens of self-interest. They wonder what the Bar can do to help them, what the Bar has done for them lately, and what they are getting in return for their Bar dues. There has been a fundamental shift in attitudes towards service organizations and civic associations. I see this in Little League, where I serve in leadership with other volunteer leaders, and I hear similar questions from our association’s members. It is time to change our point of reference and not ask ourselves how the Bar can serve us, but what we can do to serve the Bar. This association was founded in 1933 and we have grown to more than 3,500 members. The OCBA of 1933 is not the same OCBA as today. Our membership and leadership are more diverse, and in our mission statement, we have agreed that as an organization we must “provide for a diverse and inclusive bar.” Despite their historical shortcomings in diversity, prior leaders of the OCBA did a great job setting up an institution that works well at community service, professional fulfillment, training, and support for the legal profession. Our organization was structured to allow you to serve while at the same time helping you to be a better lawyer who is connected with the community, as well as with a network of attorneys to help you succeed in your law practice. The founders of our association codified their plans for the OCBA when they adopted the Articles of Incorporation (“Articles”) of the OCBA. The Articles provide that the objectives of the OCBA are: • To maintain the honor and dignity of the legal profession; • To promote improvements in the law and in the methods of its administration; • To promote knowledge and understanding of the legal profession; • To cultivate professional ethics and social intercourse among the members; • To operate as a scientific institution of learning in the field of science of jurisprudence and as a library company in relation to books and equipment; www.orangecountybar.org

• As a charitable corporation with respect to legal aid to the indigent; • As a benevolent association in relation to its members; • As a debating and literary society in the area of legal philosophy and literature; • To operate as a corporate not-for-profit charitable, scientific, literary, and education organization for the legal profession; and • To promote judicial reform and the election and selection of judicial and courtrelated officials. The legacy of these past presidents, executive council members, committee chairs, staff, and members can be seen in our association’s activities. Those activities directly match the objectives as set out in the OCBA’s Articles. For example, we maintain the honor and dignity of the legal profession by promoting professionalism through our Professionalism Committee and corresponding awards. We promote improvements in the law and in the methods of its administration through educational programming and close relations with the judiciary. We promote knowledge and understanding of the legal profession through our community outreach programs and Law Week activities. We cultivate professional ethics and social intercourse among the members through our social committee, other active committees, and monthly lunches. We operate as a scientific institution of learning in the field of the science of jurisprudence, and as a library company in relation to books and equipment through our Bar Center, our website, and our historical legal materials. We act as a charitable corporation with respect to legal aid to the indigent through the Legal Aid Society of the Orange County Bar Association, Inc. (“LAS”) and our Orange County Bar Foundation, Inc. (the “Foundation”). We act as a benevolent association in relation to our members through our active and engaging social programs. We act as a debating and literary society in the area of legal philosophy and literature through our Briefs magazine and social media interactions. We operate as a corporate not-forprofit with charitable, scientific, literary, and educational purposes in the realm of the legal profession through our committees’ work and the work of our Foundation. And, we promote judicial continued page 8

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ProfessionalismCommittee

P Amber N. Davis, Esq.

Remarks Upon Receipt of the OCBA’s 2018 Lawrence G. Mathews, Jr., Young Lawyer Professionalism Award

rofessionalism is defined in Merriam-Webster as “the conduct, aims, or qualities that characterize or mark a profession or a professional person.1” When we reflect upon that definition, the question is what are the qualities that characterize a true professional? Can you zealously advocate for your client and still be a professional? Does being professional mean that you have to also be a pushover? In my opinion, professionalism is defined as acting with courtesy, honesty, and responsibility and always doing what is right, even when no one is looking. In law school, I didn’t quite understand why we had an entire class and an exam on ethics and professionalism. I thought we are all grown-ups, surely, we know how to be professional. Then, I became an attorney and realized rather quickly why it was required. U.S. News2 recently ranked attorneys as the second most stressful profession behind surgeons, due to the below average worklife balance and high demands of the profession. We have all heard the news and read the studies. Twenty-eight percent of attorneys are depressed and 11.5 percent have suicidal thoughts throughout their career.3 Thirty-two percent of attorneys under the age of 30 are “problematic drinkers,” which is characterized as exhibiting hazardous drinking habits and possible dependence. Id. If we look at attorneys of all ages, the percentage is 21, which seems better, but the percentage of problematic drinkers across all professions and all people in U.S. is only 6.4 percent. Id. This means attorneys under the age of 30 are five times more likely to have a drinking problem than an average citizen. This is a problem. Not only are attorneys more likely to be alcoholics and drug addicts, but they are more likely to have elevated stress, to be addicted to their work, to be sleep deprived, and to have work-life conflict. This is all the result of the pressures of meeting your billable hour requirements, dealing with difficult clients and opposing counsel, keeping up with recent changes in the law, and trying to get and stay involved in bar activities. Mind you, this is all while attempting to, at the exact same time, have a life outside of work and be a husband, wife, mother, father. Moreover, we don’t want to be just any wife or any mother. We are all over achievers, so we want to be an excellent wife and mother, just like we want to be an excellent attorney, but there are only so many hours in the day. So how do we juggle all of these responsibilities,

PAGE 4 www.orangecountybar.org

pressures, and sobering statistics and maintain not only our professionalism, but our sanity? One thing I have found helpful is to have some type of healthy outlet to relieve stress. Too many attorneys, as the numbers demonstrate, gravitate towards drugs or alcohol, or simply have no outlet at all and become deeply depressed. What works for me may not work for you, but that doesn’t mean you shouldn’t strive to find what does work for you. Working out for me is one activity that immediately relieves stress. There’s something about working hard physically that does wonders mentally by clearing the mind and lifting the weight of the practice of law from your shoulders. Another is spending time with my husband and kids. If I had a bad day at work, I don’t sit around and ruminate on it. I go home, put on my wife hat and my mom hat, become engaged with our children, and do something fun, preferably outside. Studies show that our relationship with nature may be deeply linked to our happiness. So please, get outside, spend time with your family, work out, read a non-legal book, get a massage, do whatever it is that makes you happy. If you are happy at home, you are more likely to be happy at work, which will result in better work product, better work ethic, an overall sense of well-being, and the ability to more readily act in a professional manner. Happy and work may seem like an oxymoron to some of you, but I assure you it is an achievable endeavor and it can be done while maintaining your professionalism, but like anything else in life and especially in the practice of law, it is not easy. We are taught in law school and as we begin the practice of law that we are required to zealously advocate for our clients. To most of us, especially the litigators and trial attorneys, that comes natural to us because we are born fighters and arguers. We are competitive, determined, hardworking, and ready to take on the world. If you know me, you know that I am a very competitive person. Whether it’s winning an argument, a race, a board game, or thumb war, it doesn’t matter – I want to win. While this motivation and drive to win certainly served me well in school and in sports, I wasn’t always the best teammate or classmate if things didn’t go my way. For example, as a young child one of the first activities I was involved in was baton twirling. I was the leader and after two of the girls (who were 6 or 7 mind you) had the audacity to drop their

theBriefs June 2018 Vol. 86 No. 5

batons in the middle of the routine, we dropped from what I was sure was going to be 1st place to 3rd place. You see, 3rd place wasn’t good enough. In fact, when we were given medals instead of trophies, I tore the medal apart and threw it at the wall. This didn’t stop in grade school. I remember playing travel softball and having a ball hit to me in center field. We were up by 1 run with 2 outs and there was a girl on 2nd base. I ran to field the ball and threw a perfect throw to the catcher and she dropped the ball. I screamed at her in front of our team and the opposing team. So to say that it is easy for me to maintain a sense of calm when opposing counsel is being combative and unprofessional is just not true. My first reaction is to fight back. The problem is we are called on as attorneys to be more than just fighters. Yes, of course we need to zealously advocate for our clients, but we still need to do so in an ethical and civil manner. It’s okay to disagree, but you don’t need to be disagreeable. We have all heard this many times, but it cannot be said enough. It takes 20 years to build a reputation and 5 minutes to ruin it. Think about that… 5 minutes. So think before you act, have positive outlets to relieve stress, and most importantly, find a mentor. One thing I want to be made clear before I close is that I did not get here on my own. I had mentors along the way that helped shape me into the attorney that I am today, and if it wasn’t for these mentors I am confident that I would not be receiving this award. The first person I would like to mention and thank is Jackson Brownlee. I have been practicing with Jackson by my side since day one. I did my first deposition with him by my side, my first trial, and my first appellate argument. Not only is he someone

that I look up to and go to for advice on strategy and tough legal questions, but he is always one of the first people that I go to with ethical questions. The second person is Terry Sanks, who is our managing partner and the partner that hired me right out of law school. Terry, too, has been my mentor from day one, and I cannot thank him enough for all that he has done to not only mold me and teach me, but to challenge me both professionally and personally. Next is my husband, Ryan Davis. Ryan is someone that I go to frequently as a sounding board and mentor. Not only is Ryan my husband and teammate in life, but he is also a past recipient of this award, so I trust and value his opinion immensely. Finally, I would like to thank my children, Landon (7), Adalyn (5), and Cameron (3 months). You don’t know the true meaning of patience until you have children. Thank you for enriching my life beyond anything I could ever imagine and for teaching me daily how to be a better person. Amber N. Davis, Esq., is Board Certified in intellectual property law at Beusse Wolter Sanks & Maire, PLLC. She has been a member of the OCBA since 2007. Merriam-Webster, https: //www.merriam-webster.com/dictionary/professionalism. https://money.usnews.com/careers/slideshows/the-most-stressful-jobs-of2017?slide=3 3 The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, National Task Force on Lawyer Well-Being, November 13, 2017. 1 2

APPLICANTS MUST HAVE: (1) CURRENT VALID FLORIDA BAR LICENSE, AND (2) MINIMUM LAST TEN YEARS (AND TO DATE) LEGAL PRACTICE EXPERIENCE; AND THEY MUST PROVIDE A CURRENT CV; AND, COVER LETTER, WHICH SPECIFICALLY ADDRESSES, IN THIS ORDER: (1) NUMBER OF FIRST-CHAIR JURY TRIALS TO VERDICT – CIVIL VS. CRIMINAL; (2) PRIOR TEACHING EXPERIENCE, ADJUNCT OR OTHERWISE; (3) LIST OF AND WEB LINKS TO ALL LEGAL ARTICLES OR PUBLICATIONS PRODUCED; (4) YEARS AND TYPES OF BOARD CERTIFICATIONS; (5) SPECIFIC AREAS AND YEARS OF HEAVY PRACTICE; AND (6) NAMES AND E-MAIL ADDRESSES OF FOUR REFERENCES, INCLUDING TWO CURRENT JUDGES. THE PERSON HIRED MUST, AS A TENURE-TRACK FACULTY MEMBER, (1) BE FREE OF OUTSIDE PRACTICE; AND, (2) REGULARLY PRODUCE HIGH-QUALITY LEGAL SCHOLARSHIP ACCEPTED FOR PUBLICATION IN LAW REVIEWS OR OTHER EQUIVALENT SCHOLARLY JOURNALS. BENEFITS: Barry University, of which Barry University School of Law is a part, offers a comprehensive benefits package to full-time employees that includes health, dental, vision, life insurance, retirement, tuition assistance, paid time off and work life balance initiatives such as wellness programs, spirituality in the workplace, and training and development. Barry University is an Equal Opportunity Employer, committed to a diverse and inclusive work environment.

TO APPLY: go to bit.ly/barrylaw-aprof then, click on “Apply”, then on “Create Account”.

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www.orangecountybar.org

PAGE 5

Clerk’sCorner

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

2018 Report to the Citizens of Orange County

feel transparency in government is one of the most important responsibilities of an elected official. That is why I am pleased to share with you that my office has completed the Orange County Clerk of Court’s 2018 Report to the Citizens. The report includes important information on our commitment to enhance customer service and technology, improve access to justice, maintain the financial health of this office, and expand our services. The report outlines our strategic plan as well as 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. The report details many of this past year’s successes, such our efforts to make all courtrooms file-less, expand our Self Help Center services to Apopka, and enhance our website to help customers find an upcoming court date.

We continue to embark on an ambitious community outreach program. I’m very proud of the efforts highlighted in the report, including my pledge to reach 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 front-line deputy clerks. I hope you will take some time to read the 2018 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 2018 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.

MARK YOUR CALENDARS

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

Membership Directory

RCL Portrait Design will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: Portrait Dates: June 4 - 13, 2018

An RCL representative will contact you in the near future to schedule an appointment. However, feel free to call RCL Portrait Design at 800-580-5562 to schedule your appointment, or schedule online at www.goRCL.com (choose “Schedule” from the menu on the left side of the website, and then choose “Guest Account” to get to the calendar). All sittings are free of charge, and the photo you select for the Online Membership Directory will be published online at no charge. RCL will also take additional shots and provide you with an opportunity to purchase a photo package for your professional or personal use. We are pleased to bring you this free member service. RCL has produced professional portraits for more than 21 state and local bar associations and 22 medical facilities across the nation.

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

theBrief s June 2018 Vol. 86 No. 5

Chief’sColumn

The Impact of Growth on the Ninth Judicial Circuit

he judges and staff of the Ninth Judicial Circuit Court are committed to serving the needs of all the citizens of Orange and Osceola counties. We are the third largest circuit in the third largest state in the country. The circuit serves a population base of more than 1.7 million people and extends over 2,500 square miles. Orlando International Airport welcomed more than 43 million guests last year. Osceola County is the second fastest growing county in the state. From 2010Osceola County’s population grew 16 perThe Honorable Frederick J. Lauten 2016, cent. The growth rate in the United States for that Chief Judge same period was 3.2 percent. Florida’s growth rate Ninth Judicial Circuit Court for the same period was 6 percent. Orange County’s growth rate from 2010-2016 was 9.6 percent, or three times that of the United States and faster than the overall growth rate for the state of Florida. To experience the growth in our region firsthand, one need only travel on I-4 and experience the joy of navigating the Ultimate I-4 project. Why would the state of Florida spend the kind of money that it is spending on roads if we are not experiencing significant growth, and growth that the state anticipates will continue into the future? Given all that growth, how many additional judges has the Ninth Judicial Circuit received in the last 12 years? NONE! In the 2016-2017 certification opinion from the Florida Supreme Court to the Florida legislature, the Ninth Judicial Circuit qualified for three of the four requested additional circuit court judges. We received none. In the 2017-2018 Florida Supreme Court certification opinion, the Ninth Circuit was the only circuit that qualified for additional circuit judges. The Supreme Court certified that the Ninth Circuit qualified for an additional two circuit court positions. Once again, we received no new judge positions. We have qualified for additional county or circuit court judges every year since 2006, yet have received none. In 2005, under the leadership of retired Chief Judge Belvin Perry, Jr., and circuit court judges Renee Roche and Tom Smith, the Ninth Judicial Circuit created the first business court in the state of Florida. Later, the circuit expanded the business court division to two judges. I was honored to serve in one of the two divisions. After our circuit created the first business courts, the 11th, 13th, and 17th circuits followed suit and created their own complex litigation divisions.

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Over the last decade, we have seen an increased demand for services in the probate, family, and general

civil divisions. In probate and family, the case filings have increased. In general civil, the kinds of cases filed have increased in complexity. In the civil division, the number of jury trials as well as the number of jury trial days required to resolve those cases have increased. In the family division, hearings on matters critically important to the health, safety, and well-being of families are frequently delayed because of the volume of cases and our lack of resources. Many of these hearings involve emergency matters. Imagine the anxiety of a stay-at-home parent whose spouse leaves the family home and no longer places a paycheck into the joint account, leaving the family with no means to pay for electricity, food, and water, not to mention rent or mortgage. Or imagine a parent withholding a child from the other parent. This anxiety is unnecessarily compounded if the parent must wait weeks or months for a hearing and resolution. Despite the long hours and herculean efforts of the family judges, this scenario is a reality in Orange and Osceola counties. Last year, I closed one of the two business court divisions and transferred that judge to the family division. At that time, I announced that if the circuit did not receive some relief from the legislature, I would have to consider closing the other business court division, thus shutting down business court completely. We did not receive that relief. For these reasons, I am closing the remaining business court division effective July 2, 2018, and moving the presiding judge, Judge Julie O’Kane, into a newly created family division. This is a bittersweet move for the Ninth Judicial Circuit. It saddens me to close the business court division. However, we simply must get help to those families in crisis who need prompt judicial attention. While we would like to serve the businesses that bring jobs to our region and help create a healthy, thriving, economically prosperous place for Orange and Osceola county residents, we can only do so if we receive additional judgeships. We have not received those resources despite a demonstrated need. The Ninth Judicial Circuit Court fervently hopes that the legislature will recognize our need and provide the resources necessary to serve all court users as we move forward. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

www.orangecountybar.org

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President’sMessage continued from page 3

reform, and election and selection of judicial officials and court-related officials through our Judicial Relations Committee and close relationships with our judiciary. As this year of service begins, the legacy of those before me is plainly apparent in

president. Past presidents have gone on to be judges, elected officials, senior partners, and respected community servants. Among those leaders are senior Lowndes, Drosdick, Doster, Kantor & Reed, P.A. (“LDDKR”) partners who I respect greatly, John Lowndes and Julie Frey. Throughout this year, we plan to dedicate

Seated: Joel H. Sharp Jr., Esq.; John E. Fisher, Esq.; The Honorable Robert J. Pleus Jr.; Leon H. Handley, Esq.; David B. King, Esq. Middle: Liz McCausland, Esq.; Jamie Billotte Moses, Esq.; Maura T. Smith, Esq.; Darryl M. Bloodworth, Esq.; Nicholas A. Shannin, Esq.; Paul L. SanGiovanni, Esq.; Mary Ann Morgan, Esq.; Mayanne Downs, Esq. Back: C. Jeffery Arnold, Esq.; C. Gene Shipley, Esq.; Frank M. Bedell, Esq.; Paul J. Scheck, Esq.; Tad A. Yates, Esq.; Brian T. Wilson, Esq.; Russell W. Divine, Esq.; Wayne L. Helsby, Esq.; Thomas P. Wert, Esq.; Wiley S. Boston, Esq.; The Honorable John Marshall Kest; Julia L. Frey, Esq.; Kristyne E. Kennedy, Esq.; Thomas A. Zehnder, Esq.

our services and programs. Immediate past president Liz McCausland dedicated her year to the OCBA and its goals and served tirelessly through meetings, phone calls, emails, lunches, breakfasts, dinners, happy hours, social events, and charitable events. During that time, she championed the OCBA and its mission and is a continuation of the legacy of fine Bar leaders who tirelessly served you and the Central Florida legal community. I respect the service of those who occupied the seat of OCBA PAGE 8

this publication and the social media posts to the OCBA’s missions. In July, we will focus on how our younger lawyers are being trained to meet the challenges of the profession, with a focus on our Young Lawyers Section, our New Lawyer Training Program, and our mentorship program. In August, we will focus on access to justice by highlighting our Lawyer Referral and Information Service, our Modest Means program, and our new Ask a Lawyer programming. In October, we will focus on www.orangecountybar.org

our judiciary and our work in supporting and championing the judicial branch. In November, we will focus on the work of our committees. In January, we will focus on the pro bono services of our lawyers and the work of our LAS. In February, we will focus on our efforts to better diversify the practice. And in March, we will focus on service projects of our members. So, as I transition into the presidency, I am fortunate that the hard work in establishing these programs was done by the leaders who came before me. The leaders before me followed the direction of the OCBA founders and set up the institutions required for a long-standing, successful organization. And, the leaders before me hired very capable staff, led by executive director and attorney Kim Homer, to oversee our events and programs. I am simply following their legacy of service while preserving the successful programs and services that our prior leaders established. In the coming year, I look forward to working with our executive council to carry out the mission of the OCBA. We will continue to become more diverse and inclusive, and we will always seek to improve our existing services. Our Bar lunches will continue, and we hope you will take advantage of this member benefit by coming out and meeting your colleagues. The Briefs will continue to be published in the same format under the watchful eyes of Peg Storch and our Briefs editors. Our committees will continue to offer programming and social interactions. Our LRIS program and LAS will expand the community’s access to justice. We will continue to build strong relationships with our judiciary and advocate for independence of the judiciary. And we will do all of this while operating on a balanced budget but with an eye towards fiscal responsibility. The OCBA will continue to operate the way our founders intended in 1933 and codified in 1967 (with the notable exception of the lack of diversity). The Articles of Incorporation require it, the leaders have implemented it, and we will continue to follow that legacy of service. It is my honor and privilege to serve as your 2018-2019 OCBA president. And, with the support of the executive council, the OCBA staff, my wife, Alisa, my son, Rhys, and my law firm, LDDKR, I will do my best to honor the legacy of those who previously served. Richard S. Dellinger, Esq., a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., practices in the litigation department in the areas of business litigation, trust and estate litigation, and significant dissolution of marriage. He has been a member of the OCBA since 1999.

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PAT E N T S

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TRADEMARKS

theBriefs June 2018 Vol. 86 No. 5

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COPYRIGHTS

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LICENSING

www.orangecountybar.org

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L I T I G AT I O N

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the theBrie 2018â€† Vol.Vol. 86 82 No. 51 BrieffssJune January 2014 No.

Board of Governors’Report

N Mary Ann Morgan, Esq.

Wayne L. Helsby, Esq.

Julia L. Frey, Esq.

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Report from The Florida Bar Board of Governors: March 23, 2018

ew Bar rules, a legislative session wrap-up, a report on the Constitution Revision Commission (“CRC”), and two new Bar member benefits were on the agenda at the most recent meeting of The Florida Bar Board of Governors (“BOG”). At the March 23 meeting in Sarasota, we and the other BOG members heard a report from the Board Review Committee on Professional Ethics on amendments to Rule 4-7.22, which include a change in terminology from “lawyer referral services” to “qualifying providers,” and broadening the definition of those services. An overview and Q&A on the changes, which have been adopted by the Florida Supreme Court and take effect April 30, are posted at floridabar.org/qualifyingproviderrule. At the direction of the court, additional changes to the rule will be considered by the BOG in May. Look for a summary of those changes and an opportunity to comment in the May 1 issue of The Florida Bar News. In response to a federal court ruling and an order by the Florida Supreme Court, the BOG also agreed to propose a rule amendment concerning when lawyers may advertise that they are “specialists” or “experts.” Law firms that want to use the terms would have to have a majority of lawyers who meet the minimum standards, and disclaimers could be required. This proposed amendment will be filed with the court on May 15. Bar members may file comments directly with the court after the filing. The Florida Legislature, in its recently completed session, restored some court funding lost to previous budget cuts. We also were told about an agreement to give state agencies the authority to pay Bar fees for government lawyers. A look back at weekly updates from the session, including bills of interest to the legal profession, is available at: floridabar.org/legislativeactivity. The Special Committee on the 2017/18 Constitution Revision gave a report on the progress of the CRC in sorting through more than 1,000 proposals. The CRC committed 25 proposals to its Style and Drafting Committee, which is expected to merge those into several measures for the November ballot. The Florida Bar will be focused on the remaining proposals that could impact the judicial branch (many of the initial Article V proposals were defeated or withdrawn), and will continue to monitor the CRC while educating

www.orangecountybar.org

Bar members and the public on this once-every20-years process. For more information about the CRC, go to: www.protectfldemocracy.org. The board approved aspirational guidelines for Florida Bar candidates, including those for board seats and for president-elect designate, encouraging professionalism and civility, and discouraging campaign spending. As best practices, candidates are encouraged to limit expenditures, mass emails, and the use of phone banks. The BOG also accepted the Program Evaluation Committee’s reports on its review of Florida Lawyers Assistance, Inc., the Practice Resource Institute, and the Committee on Diversity and Inclusion. Finally, the board approved two new member benefits through Amazon Business and Page Vault. These programs are expected to be available to Bar members by mid-April and will be added to the more than 60 free or discounted products and services listed at floridabar.org/ memberbenefits. The Board of Governors is an elected governing body of The Florida Bar, which has exclusive authority to formulate and adopt matters of policy concerning the activities of the 106,000-member Bar, subject to limitations by The Rules Regulating The Florida Bar. This meeting was the fifth of six meetings of the BOG in 2017-18. All board committees generally meet on the day prior to finalize actions, recommendations, and reports to deliver to the board. For the first time, a week before this meeting all Florida Bar members received a preview email providing information on the items coming up for action and asking members to contact their board representative(s) with any input or questions. Please provide us with feedback on this new way we are reaching out to our constituents to communicate about BOG matters. It is an honor to represent all Florida Bar members in our circuit. As always, please contact us any time you have questions or concerns about The Florida Bar. Julia L. Frey, Esq. – Disciplinary Procedure Committee; Disciplinary Review Committee. Contact: julia.frey@lowndes-law.com; 407-8434600. Wayne L. Helsby, Esq. – Chair, Disciplinary Review Committee; Executive Committee; Procontinued page 30

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SpecialFeatureLaw Week

New Activities Made Their Debut During Law Week 2018

L Andrew P. Irvin, Esq.

Lorraine N. Pitre, Esq.

ast year, the OCBA Law Week program was recognized with an award from the American Bar Association for Best Student Program. This year, we were excited to announce two additional programs to our Law Week activities – the Law Merit Badge Class and the Middle School Theater Program. The Law Merit Badge Class was a full-day event for local Boy Scouts. The event included civics lessons from a variety of legal professionals including judges, law enforcement, and public and private practice attorneys. At the conclusion of the class, 51 Scouts earned their Law Merit Badge. Thank you to Eric Jontz, Esq., and the OCBA Foundation for organizing and funding this great event. The Middle School Theater Program was the second new program added this year. After a few weeks of rehearsing, we bused eighth grade theater students from Discovery Middle School to the Orange County Regional History Center. The students presented a mock trial and a spoken-word performance in the historic courtroom. The mock trial was a prosecution of Tarzan for kidnapping Jane. Fortunately for Tarzan, he was found not guilty. Thank you to Tyrone Afrasan Adams, Esq., for taking the initiative to bring this new program to fruition. In continuing our tradition of enriching civics education in our community, the committee also led our eight established programs. These programs took place from January through May. The Big Bad Wolf Trials are a cornerstone of the Law Week Committee’s programs. These mock trials are presented to 2nd and 3rd grade students by teams of six or seven lawyers. The script is a civil trial in which the Big Bad Wolf is suing Curly Pig for damages. The Wolf’s tail was burnt after he came down the Pig’s chimney (Wolf says he was just trying to visit his friend). The students participate as the jury and always seem to pick up on the nuances of the trial. After the trial concludes, the lawyers answer questions about their legal careers. Thank you to Brandon Sapp, Esq., for organizing volunteers and scheduling the mock trials with local elementary schools. The DUI Mock Trial is a more serious presentation. A few years ago, local high school students performed and recorded a DUI mock trial. Their video recording was combined with the story of a local family that was tragically impacted by an

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underage drunk driver. This video is presented to high school students in their classrooms by our volunteers, who then facilitate discussion around the video. This year we also showed the mock trial piece to middle school civics classes. Thank you to Patti Savitz, Esq., and Keshara Cowans, Esq., for developing the curriculum and organizing volunteers. Pathways in Law has been a consistent program of the Law Week Committee for many years. This event provides an opportunity for high school students to hear from a variety of professionals about careers in the law. On the Friday of spring break, about 75 students from the Boys and Girls Club of Central Florida and MAN UP Mentoring came to the Orange County Courthouse to participate in this all-day program. Speakers included judges, a prosecutor, a criminal defense attorney, a SWAT lieutenant, court reporters, and a process server. The program concluded with the students participating in a mock trial alongside the speakers. Thank you to John Hunt, Esq., Lauren Robertson, Esq., Judge Faye Allen, and Judge Steve Jewett. The Naturalization Ceremony is a unique learning experience for local Girl Scouts. The Scouts met with volunteers to learn about citizenship and civics during their troop meetings. They were then invited to a Naturalization Ceremony at the local field office of the U.S. Citizenship and Immigration Services. At the ceremony, the Scout Honor Guard presented the colors and one of the Girl Scouts gave a speech. Thank you Teresa Finer, Esq., and Natalia Gove, Esq., for planning this event and meeting with the Girl Scout troops. And thank you to our OCBA president Liz McCausland, Esq., for speaking at the Naturalization Ceremony. Judge Shadowing provided more than 100 high school students with the opportunity to sit in a courtroom and watch legal proceedings. After spending the morning in the courtroom of our county and circuit judges, the students enjoyed a pizza party and then had the opportunity to ask questions of an eleven-judge panel in the jury assembly room. Thank you Tara Tedrow, Esq., and Dustin Mauser-Claassen, Esq., for organizing this event and to our judges who graciously gave their time to speak with the students. The Poster & Speech Contest is another cornerstone of our Law Week program. The contest

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provides an opportunity for elementary, middle, and high school students to submit posters or speeches centered around the year’s Law Week theme – Separation of Powers: Framework for Freedom. We received thirty-four speech submissions and forty-four posters. The top three posters from elementary, middle, and high school grade levels were given awards and invited to attend the Law Week Luncheon with a parent and their teacher. The top three speech winners presented their speeches during the Law Week Luncheon. Thank you to Jennifer Finch, Esq., Heidi Boon, Esq., and Elizabeth Plummer, Esq., for leading this program. The Liberty Bell Awards provide the OCBA with an opportunity to recognize those outside of the traditional legal profession who are doing great work in our community. The Liberty Bell Award recognizes an individual or organization that demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens. The Liberty Apple and Liberty Shield Awards have similar criteria, but are awarded to a teacher and first responder, respectively. This year’s winners were: Liberty Bell – Michael Scott of Helping All Youth Achieve (“HAYA”); Liberty Apple – Tina McFerren of East River High School; and Liberty Shield – Reserve Sergeant Carl Cartwright, Orange County Sheriff’s Department. Thank you to Randy Bock, Esq., and Jeramy Beasley, Esq., for organizing this awards program. The Law Week Luncheon provides an opportunity to showcase the poster and speech contest winners along with the Liberty Award recipients. It also aims to excite the OCBA membership about civics education in our community while recognizing the many volunteers who make this committee run. Thank you to Onchantho Am, Esq., and Annie Kwong, Esq., for putting on a great luncheon that featured a performance by the chamber orchestra of Edgewater High School.

The Law Week Committee’s work would not be possible without the generous support of the OCBA Foundation and our relationship with Orange County Public Schools. The program is also strongly supported by the staff and board of the OCBA, which ensures a robust committee year after year. Although word count constraints prevent us from individually thanking the 120+ volunteers, including 20 judges, we thank each of you for your contribution to this committee and, more importantly, civics education in our community. There are many ways to get involved in civics education, but the OCBA Law Week Committee is a great first step. Many of our programs are in high demand by local school teachers, but we cannot reach all of them because of our limited volunteers. However, you can help us next year reach more students. Your commitment can be as little as one hour to perform a Big Bad Wolf trial. But, be careful, you may get hooked. No matter the scope of involvement you think you can handle, email OCBALawWeek@gmail. com and we will keep you apprised of next year’s programs. This fall, we will start our planning meetings for the 2019 Law Week programs. Andrew P. Irvin, Esq., 2018 Law Week co-chair, is an associate at Robert F. Green & Associates, P.A., practicing primarily in the area of plaintiff’s personal injury. He has been a member of the OCBA since 2011. Lorraine N. Pitre, Esq., 2018 Law Week co-chair, is an employee relations consultant at Florida Hospital. She has been a member of the OCBA since 2012.

New Luncheon Venue Beginning July 2018, OCBA Luncheons will be held at the Embassy Suites by Hilton Downtown Orlando, 191 East Pine Street, Orlando, Florida. Parking is available on Pine Street across from the Embassy Suites ($6 / credit card only). Valet parking at the hotel is $26. Register for the July 12, 2018 “Judicial Candidate Forum” luncheon by July 9 through the OCBA Store. There is no June OCBA Luncheon.

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Legal Aid SocietyTeaching Tips

Domestic Violence: Reviewing Injunction Petitions

he Legal Aid Society of the Orange County Bar Association, Inc., provides injunction representation to victims of domestic violence, dating violence, sexual assault, repeat violence, and stalking. We have found the following tips to be extremely helpful when reviewing petitions that have been filed prior to making contact with the petitioner.

Tenesia C. Hall, Esq.

Upon receipt of your pro bono assignment, please review the petition to confirm that the proper cause of action has been filed. These five different avenues of injunctive relief are explained below. 1. Victims who have been abused or are in imminent threat of being abused by their family or household members can seek an Order of Protection Against Domestic Violence. 2. If there have been two incidents of violence or stalking, one of which must have been within six months of filing the petition, the victim could seek an Order for Protection Against Repeat Violence. This also applies to caregivers who are not related to the minor child or elderly victim. 3. Victims who have or have had a continuing and significant relationship of a romantic or intimate nature sometime within the past six months can seek an Order of Protection Against Dating Violence. 4. If there has been a sexual battery, lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age, luring or enticing of a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted, the victim can seek an Order of Protection Against Sexual Violence. Unlike the other orders of protection, a sexual violence injunction requires the victim to report the sexual violence to law enforcement and to cooperate in any criminal proceeding regardless of whether criminal charges have been filed, reduced, or dismissed by the state attorney. An Order of Protection can also be sought when a respondent has been previously convicted of an act of sexual violence against the victim and his prison term has expired or is set to expire within 90 days of filing the petition. Evidence presented at the return hearing will vary depending upon whether

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the alleged abuser is a parent or non-parent of the alleged child victim. 5. When there is a willful, malicious, and repeated following, harassing, or cyberstalking of another person, that person can seek an Order for Protection Against Stalking. As noted above, this also includes cyberstalking, which means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or communication. Stalking victims must demonstrate that these actions have caused substantial emotional distress and that those actions did not serve a legitimate purpose. If the injunction petition has been filed on behalf of a minor, it might be helpful for the petitioner to also file a Motion for Testimony and Attendance of Minor Child. 1. Ask the client if the allegations in the petition are true. Pay close attention to the checkboxes. Sometimes, petitioners check all of the boxes or none of the boxes. This might have been done in error. 2. If the allegations in the petition lack specificity as to the time, date, and location of the events, consider filing an Amended Petition. 3. Confirm that the stay away addresses listed in the petition are still accurate. If the petitioner has moved and needs to keep her new address confidential, consider filing a Request for Confidential Address. 4. If the parties have minor or dependent children in common and paternity has not been established by law, consider whether timesharing and child support matters will be tried by consent. Remember, paternity cannot be established in an injunction case. As always, if you have any questions about your pro bono assignment, we are here to help. Please feel free to contact our Legal Aid Referral coordinator for assistance. Thank you for helping us to help others. It is what we do. The Legal Aid Society of the Orange County Bar Association, Inc., is a not-for-profit law firm. For more information about how to become a financial donor or help with our fundraising continued page 34

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Legal Aid SocietyGAL Teaching Tips

C Coravious L. Cowart, Esq.

Serving Children with Developmental Disabilities

hildren with developmental disabilities and other chronic conditions face unique challenges that put them at greater risk of maltreatment than children without developmental disabilities. For instance, children with disabilities may be unable to report abuse or neglect, may not be as visible in the community as their peers, or may be dependent on their caregiver, who could also be their abuser. In addition, because of their disabilities, these children often enter the foster care system with myriad issues that require increased attention. For example, children with developmental disabilities often need educational and behavioral services to assist them in being successful. As a guardian ad litem (“GAL”), it is important that we ensure that appropriate services are secured as a part of our best interest representation. So, how do we, as GALs, best advocate for children with disabilities in these areas? Education The Individual with Disabilities Education Act (“IDEA”) ensures that all children with disabilities are entitled to a free, appropriate public education in the least restrictive environment possible. The purpose is to help the child progress in school, meet his or her goals, and prepare for life after school. Before a child can receive education services, he or she must first be evaluated by the school. A consent for evaluation must be signed by the child’s education decision maker. The education decision maker is usually a parent if their rights are intact, a foster parent, or a surrogate parent. As a GAL, you can be appointed by the dependency court as a surrogate parent for a dependent youth. Once the consent for evaluation has been given, the school then has 60 school days to complete the evaluation. After the evaluation is completed, an Individualized Education Plan (“IEP”) meeting will be scheduled, which the GAL is entitled to attend. How can you, as GAL, best advocate for dependent youth with disabilities at IEP meetings? Before the Meeting: • Contact the school staffing specialist and school board attorney to inform them that you will attend the meeting. • Request copies of report cards, attendance records, and previous evaluations and IEPs, if any. • Meet with the caregivers and the child to find out what concerns they want to address.

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During the Meeting: • Ensure that there are specific, attainable, short-term goals that progressively meet the annual goal. • Advocate for a small classroom size. • Inquire if the youth will spend time with non-disabled peers. • Advocate for and ensure that appropriate therapies and interventions will be provided. • Inquire whether Extended School Year (“ESY”) is needed. Behavior In addition to their educational needs, children with disabilities are often in need of behavioral interventions to assist them as well. These interventions include evaluations, therapies, and medication management. As a GAL, you can advocate for the appropriate interventions you believe will serve the best interests of the child. How is that done? One of the first things we do as GALs is ensure we have appropriate evaluations. For every child that enters foster care, we ensure that a Comprehensive Behavioral Health Assessment (“CBHA”) is completed. A CBHA: • Helps determine any mental, psychological, and behavioral needs of a youth who is placed in out-of-home care; and • Provides recommendations for services for the child. Once a CBHA is completed and we have a roadmap of what interventions may be beneficial for a child, we need to next ensure that the appropriate services are implemented. How can a GAL ensure that services are implemented? Out-of-Court Advocacy Community Based Care of Central Florida holds quarterly staffings for every child in out-of-home care. Staffings are normally attended by case management, GAL, parents, and caregivers. These meetings are held to discuss the status of the case as well as to ensure that appropriate services are being provided, such as therapy or medication. This is a great area for a GAL to advocate for recommended services as well as any additional services you, as GAL, may think are in the best interests of the child. In addition to attending staffings, having regular communication with the

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continued page 34

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Appellate PracticeCommittee Recent Changes in the Appellate Rules and Administrative Orders Florida Rule of Appellate Procedure 9.220 Changes Concerning Appendices n October 2017, Florida Rule of Appellate Procedure 9.220 was amended to provide new requirements for filing appendices with briefs. Regardless of whether it is an original proceeding, or a non-final appeal, attorneys must now create an appendix that includes a cover page, an index, a certificate of service, and a fully text-searchable document. Each document must be bookmarked with a title and filing date as well.

I Carrie Ann Wozniak, Esq.

Heather M. Kolinsky, Esq.

The cover sheet must be properly captioned and identify the party on whose behalf the appendix is filed. The cover sheet must also include the title of the petition, brief, motion, response, or reply for which the appendix is served, and the name and address of the attorney filing the appendix. The entire document must be consecutively paginated, including the cover page. The index must reflect the page numbers of the documents based on the consecutive pagination. Also, condensed transcripts are not acceptable. Having had some personal experience filing appendices since this rule was adopted, we can both attest that it isn’t always as easy as it seems. Thus far our experience has been that the District Courts of Appeal have been very strict in enforcing this rule. This means that your appendix often gets rejected the first time it is filed. In the Fourth District, the appendix may be accepted initially, then rejected upon further review. The court issues an order providing forty-eight (48) hours to file an amended appendix. A software glitch may also create problems: we have had the experience of filing an otherwise proper appendix and the court’s system stripping the bookmarks from the PDF. The best advice is to be patient, take your time constructing your appendix and refer to the rule while you are constructing it, and expect that it may be rejected at least once before it is accepted for filing. The Fifth District Court of Appeal Shortens the Length of Available Extensions for Briefs In its Third Amended Administrative Order AO5D13-02, the Fifth District Court of Appeal has shortened the available extension time for briefs in criminal and civil appeals to sixty (60) days for initial and answer briefs and thirty (30) days for reply briefs. Any extension within this amount of time in the cases the Administrative Order designates may be confirmed by filing a notice of extension of time by agreement with

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opposing counsel, in lieu of seeking an extension by motion. Any extension beyond sixty (60) days for initial and answer briefs and thirty (30) days for reply briefs, whether agreed upon or not, must be sought by motion to the court. The Fifth District Court of Appeal Establishes Pilot Program for Remote Oral Arguments Effective June 5, 2018, the Fifth District has implemented a pilot program for remote oral arguments to permit parties to present oral argument from the Marion County Courthouse, located at 110 NW 1st Avenue, Ocala, Florida. Administrative Order AO5D1801 sets forth the guidelines for the program and notes that the use of the remote oral argument location is not restricted to those appeals stemming from Marion County or the Fifth Circuit. Participation is optional, and either or both sides may appear remotely. Counsel not participating remotely will participate by personal attendance at the Fifth District Court of Appeal. Notably, if there is a technical issue, the oral argument will not be rescheduled, and counsel will instead participate in the oral argument by conference call. First District Court of Appeal Now Permits Agreed Notices of Extension of Time to File Briefs In other news, the First District Court of Appeal has adopted an agreed-notice policy for extensions of time on filing briefs. Each of the District Courts of Appeal now accept an agreed notice in lieu of unopposed motions for extension of time, but be careful because each court allows for different amounts of time to file. For example, the First District Court of Appeal allows only fifteen (15) days’ extension for a reply brief. Also, this notice provision does not apply to certain types of appeals, but generally is permitted in civil and criminal final and non-final appeals. Be sure to check each District Court of Appeal’s Administrative Order when you are considering filing a notice in lieu of agreed motion. Carrie Ann Wozniak, Esq., is a partner at Akerman LLP and is Board Certified by The Florida Bar in appellate practice. She has been a member of the OCBA since 2007. Heather M. Kolinsky, Esq., practices appellate law with the Law Office of Chad A. Barr, P.A. She has been a member of the OCBA since 2015.

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4th Annual Law Day 5k April 7, 2018

Lake Baldwin Park Platinum - $5,000 Orlando Legal Gold - $2,500 Cole Scott & Kissane, P.A. Lynx Legal Services Silver - $1,000 Orange Legal Support Orlando Orthopaedic Center The Elder Law Center of Kirson & Fuller Total Health Guidance SimonMed Imaging Bronze - $500 Milestone Reporting Sanchez & Eggebrecht, P.A. Shannin Law Firm, P.A. US Legal Support Supporting - $250 Phipps Reporting The LaRue Firm, PLLC Walters McCartney Water Tables Shuffield Lowman Accurate Serve Orlando Mile Markers First GREEN Bank Jamie Billotte Moses, B.C.S. / Holland & Knight Liz McCausland / Liz McCausland, P.A. In-Kind D4 Ed Tobenas, M.D. / Allcare Medical & Injury Fit2run Florida Fitness Concepts Fresh Point Integrative Physical Medicine Orlando Wedding & Party Rentals Panera Bread Power Crunch RJRjr Photography Simon Asperry / Mailtropolis Trial Professionals Waste Management Wawa Special thanks: Legal Aid Society of the Orange County Bar Association, Inc. Orange County Bar Association Orange County Bar Association Foundation, Inc.

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Photos: Flo Boehm Photos: Robert J. Rivera

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100% Club: Sperling Ducker PLC Richard S. Dellinger, Esq., Aubrey H. Ducker, Esq.; Irwin N. Sperling, Esq.

100% Club: Catherine E. Davey, P.A. Carla J. Smith, Esq.; Richard S. Dellinger, Esq. Not shown: Karen Clemons

Andrew P. Irvin, Esq.; Liz McCausland, Esq.; Tina McFerren, East River High School, Liberty Apple Award Recipient; Lorraine N. Pitre, Esq.

100% Club; Hale, Hale and Jacobson, P.A. Joshua A. Andone, Esq.; Maria D. Hale, Esq.; Richard S. Dellinger, Esq.; Richard O. Hale, Esq.; Katie S. Monroe, Esq.

100% Club: Shutts and Bowen, LLP Richard Dellinger, Esq.; Mary R. Houston, Esq. Orange County Sheriff Jerry L. Demings; Reserve Sergeant Carl Cartwright, Orange County Sheriff’s Department, Liberty Shield Award Recipient; Michael Scott, Helping All Youth Achieve, Liberty Bell Award Recipient; Jeramy C. Beasley, Esq. PAGE 20

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Photos: Flo Boehm

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2018 Law Week Luncheon

Co-hosted by the OCBA Law Week Committee April 19, 2018 The Ballroom at Church Street Title Sponsor: First GREEN Bank, LexisNexis, Orange Legal

Kyra Alston, 7th Grade, Trinity Preparatory School, 3rd Place Speech Contest Andrew P. Irvin, Esq.

Liz McCausland, Esq., OCBA President

Keshara D. Cowans, Esq., YLS President Chiara Agudelo Lenhard, 7th Grade, Freedom Middle School, 2nd Place Speech Contest

Ashton Crunkelton, 12th Grade, Timber Creek High School, 1st Place Speech Contest

Andrew P. Irvin, Esq.; Victor Javier Aponte, Jr., 5k Medal Design Winner; Kalei Delacruz, 3rd Place Poster Contest; Collin Rohr, 2nd Place Poster Contest; Ashley Lopez, 1st Place Poster Contest; Liz McCausland, Esq.; Lorraine N. Pitre, Esq. All of the students are from East River High School.

OCBA Foundation, Inc. Scholarship Recipient Eric Jontz, Esq.; Nicholas Puentes, Olympia High School; Ani Rodriguez-Newbern, Esq.

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While everyone likes to catch the big fish,

it’s the small ones that keep you going. At Bounds Law Group, we don’t just accept your big cases. We know all clients with legitimate cases deserve representation. We are happy to work with your clients on Medical Malpractice cases, both big and small. With over 50% of our cases settling for under $500k, we are here to help, no matter the size of the case. Refer the clients you are unable to assist to Bounds Law Group and receive a 25% referral fee.

Questions? Call us at 877-644-5122 , email us at information@BoundsLawGroup.com, or visit us at www.BoundsLawGroup.com. Office in Maitland

Sup port the oCBA! reCommend thi S CourS e!

Parent Education and Family Stabilization Online Course • Fast, easy, convenient • Available 24/7 • Online instructions • Telephone support

Speakers: Meenakshi Hirani, Esq. Meenakshi A. Hirani, P.A. Arti Hirani, Esq. Meenakshi A. Hirani, P.A. Tuesday, June 12, 2018 8:00 a.m. - 9:30 a.m.

About This Course This four-hour course is required by Florida law for concerned parties seeking to obtain a final judgment of dissolution of marriage in Florida when minor children are involved. The course is approved by the Department of Children & Families and provided by a division of the University of Continuing Education.

OCBA Center OCBA Members Only FREE Register at www.orangecountybar.org/store by June 10

Limited Seating Breakfast Included

Save the Dates! Tuesday, August 7, 2018: TBD Tuesday, September 11, 2018: Mayanne Downs, Esq.

www.orangecountybar.org/course_parent PAGE 22

Tuesday, October 2, 2018: Bruce Blackwell, Esq.

www.orangecountybar.org

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Recipient of The Florida Bar’s Henry Latimer Center for Professionalism 2016 Group Professionalism Award

New Lawyer Training Program

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OCBA New Lawyer Training Program

• Learn how to navigate the legal system from the experts –judges, court officials, & seasoned attorneys • Get tips on court procedures & processes • Learn the nuts & bolts of starting your own practice Student or current OCBA member: $175 Non-member: $195 Includes breakfasts, lunches, receptions, & OCBA student membership! 7.0 CLE

Enroll online today! www.orangecountybar.org or contact 407-422-4551, ext. 225 Sponsored by:

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2nd Annual Wills for Heroes April 28, 2018 Orlando Legal

YLS and the OCBA Estate, Guardianship & Trust Committee provided estate planning documents for 110 first responders for this year’s Wills for Heroes event. Hosted by Orlando Legal, approximately 60 volunteers made the occasion an enormous success. Thanks also to Hughes I.T. Solutions Inc., who provided tech support.

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YLS on the move

Jennifer A. Smith Thomas, Esq.

ur mantra this year is #wedomore, and here are some of the things we have been doing: On April 11, the YLS hosted a happy hour to fund a book fair at Washington Shores Elementary School. All funds raised at the happy hour were used to provide free children’s books for the students. Located in the heart of an economically challenged area near downtown Orlando, Washington Shores Elementary is a Title I school that is otherwise unable to host a book fair because the students cannot afford to purchase books. The book fair took place on May 10, and all of the children at the school received at least one book of their own to take home. On April 20, YLS members attended the monthly luncheon, featuring Amber Davis, Esq., recipient of the 2018 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. Amber is also a past president of the YLS. Congratulations to Amber! On April 28, YLS members and friends gathered to assist first responders at our Second Annual Wills for Heroes event. The YLS and the OCBA Estate, Guardianship & Trust Committee (“EGT”) provided estate planning documents for 110 first responders. There were approximately 60 volunteers. We extend special recognition to Amber Williams, Esq., YLS event chair; Joe Percopo, Esq., EGT chair; Amber Jade Johnson, Esq., who provided the training session and arranged CLE credit for attorney volunteers; and Dave Nevill, Jr. from Hughes I.T. Solutions Inc., who provided technology support this year by setting up the computers. And finally we’d like to thank Orlando Legal for graciously hosting Wills for Heroes at its downtown location. The YLS and EGT are pleased to offer this valuable community service. We’re proud to announce

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that we already have a wait list of 200+ first responders for 2019, and we encourage you to get involved when the call for volunteers goes out! Save the date for these upcoming YLS events: June 22 – YLS June Luncheon, with speaker Ethan Wall, Esq., from the Social Media Law Firm in Miami. The topic will be “How to Grow Your Practice and Career with Social Media.” A three-course luncheon is only $10 for RSVPs by the deadline. Please note: the date of June’s luncheon has been changed due to The Florida Bar Convention. July 13 – YLS July Luncheon, with speaker Tara Tedrow, Esq., co-chair of the Cannabis and Controlled Substance Group with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. The topic will be “Medical Marijuana: Clearing the Smoke on Florida’s Regulations.” Be sure to register by the deadline in order to get the early-bird discount. Law Clerks Reception – Be sure to check upcoming YLS email blasts for details on this upcoming annual event. Paddle Boarding Event – This fun event is a strong contender as a possible YLS summer activity, so be sure to look for news in upcoming blasts. And don’t forget to find us on Facebook, Twitter, and Instagram: @okays #Okays. Jennifer A. Smith Thomas, Esq., a partner at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

www.orangecountybar.org

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Intellectual PropertyCommittee

Trademark Law v. The First Amendment

W Allison R. Imber, Esq.

e come across trademarks every day. You put on your Levi’s®, hop in your Accord®, put on a Beatles® CD, and head to McDonald’s® for a Big Mac® or, if it’s that special time of year, a McRib®. For many, obtaining a federal registration for their trademarks is not prohibited. So long as a trademark is not a generic name for the product or service applied for (such as the mark “Apple” for apples) or confusingly similar to another mark, federal registration is likely available for it. Registration has its perks – benefits include trademark rights throughout the United States, the ability to register with U.S. Customs and Border Protection1 and the Amazon Brand Registry,2 the use of international trademark agreements for foreign filings, and of course, the symbol to denote that the mark is federally registered. I’m Lovin’ It®. Everything was not peaches and cream, though, as there were certain types of trademarks that did not qualify for protection under federal law. Specifically, 15 U.S.C. § 1052 provides that: No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it - (a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute . . . (emphasis added). If your mark was immoral, scandalous, or disparaging in the eyes of the United States Patent and Trademark Office (“USPTO”), you were out of luck when it came to obtaining federal registration. Marks that were considered profane, vulgar, sexually explicit, violent, offensive to religious values, disparaging, or racially charged were refused registration, as were marks that referred to illegal narcotics. Although many applauded these provisions as upholding our nation’s values, many others decried them as violations of our First Amendment right to, well, be profane, vulgar, sexually explicit, etc. The detractors saw the restrictions as unfairly preventing lawful and legitimate businesses from being able to obtain the same trademark protection as more traditional businesses because the USPTO decided it did not like the messages the trademarks sent. Regardless of which side of the argument you were on, everyone seemed to

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www.orangecountybar.org

agree that the inconsistent application of these provisions had to change. The same mark might be refused by one examiner at the USPTO but allowed by another. It was unclear what a trademark practitioner was to do when faced with these inconsistent outcomes, much less how the practitioner could explain it to a client. Enter U.S. Trademark Application Serial No. 85/472,044 for the mark THE SLANTS for “entertainment in the nature of live performances by a musical band” filed by Simon Shiao Tam. Deeming this mark disparaging to people of Asian descent, the USPTO affirmed a final refusal to register the mark under the Harjo Test, which looked at: 1) What is the likely meaning of the matter in question, taking into account not only dictionary definitions, but also the relationship of the matter to the other elements in the mark, the nature of the goods or services, and the manner in which the mark is used in the marketplace in connection with the goods or services; and 2) If that meaning is found to refer to identifiable persons, institutions, beliefs or national symbols, whether that meaning may be disparaging to a substantial composite of the referenced group. In re Squaw Valley Development Co., 80 USPQ2d 1264, 1267 (TTAB 2006). To demonstrate THE SLANTS mark was disparaging to Asians, the USPTO relied on dictionary definitions of “slant” as a derogatory term referring to those of Asian descent “with slanted eyes.” The USPTO also submitted online articles showing that some Asian groups considered the term “slant” to be disparaging, including when used by Mr. Tam, as well as evidence from Mr. Tam’s own website showing the mark was used for his Asian-themed band, and that he had adopted the mark for its shock value. In arguing that his marks should be allowed to be registered, Mr. Tam argued that his mark was not inherently offensive because it had other meanings, and that the USPTO was improperly conditioning registration on his ethnic background. Mr. Tam contended that non-Asians would be able to register the mark, but Asians could not, which was shown by other registrations for the mark SLANT for other goods and services. Mr. Tam also argued that the disparagement provitheBriefs June 2018 Vol. 86 No. 5

sion of 15 U.S.C. § 1052 was an unconstitutional violation of the First Amendment. The administrative tribunal in the USPTO that reviews USPTO examiners’ decisions, called the Trademark Trial and Appeal Board (“Board”), affirmed the examiner’s refusal to register the mark, finding that the Harjo Test was easily met by the evidence presented. Again rejecting the First Amendment argument, the Board found no conduct was proscribed by the refusal to register and no tangible form of expression was suppressed. The only right denied was a federal registration, which is not a requirement for using a mark, just an enforcement tool. See In re McGinley, 660 F.2d 481, 484 (C.C.P.A. 1981). Mr. Tam appealed the Board’s decision to the federal circuit Court of Appeals, arguing that the Board had erred in finding the mark disparaging, and that the disparagement provision was in any event unconstitutional. Initially, the federal circuit affirmed the Board’s decision, although in an “additional views” opinion, Judge Moore questioned the constitutionality of the disparagement provision. In re Tam, 785 F.3d 567 (Fed. Cir. 2015) (vacated). However, the argument did get some judge’s attention, and the full panel of the federal circuit vacated its prior decision, sua sponte ordering briefing on a simple question: “Does the bar on registration of disparaging marks in 15 U.S.C. § 1052(a) violate the First Amendment?” In re Tam, 600 Fed. Appx. 775 (Fed. Cir. 2015). Once the question was phrased that way, it was obvious what the federal circuit considered the answer to be. The court made quick work of the disparagement provision under either strict or intermediate scrutiny in finding that it was viewpointbased and therefore discriminatory on its face. In re Tam, 808 F.3d 1321 (Fed. Cir. 2015) (en banc). If you remember your constitutional law, content-based restrictions are presumptively invalid and can be justified only if the government proves that restriction is narrowly tailored to serve compelling state interests. Here, no government interest was shown to be so compelling. The U.S. Supreme Court affirmed applying the strict scrutiny standard, leaving disparaging marks to live happily ever after on the federal registry. Matal v. Tam, 137 S. Ct. 1744 (2017). But what about immoral and scandalous marks? While many thought these provisions of the statute were equally unconstitutional, the decision only addressed the disparagement provision. The uncertainty didn’t last long, as Erik Brunetti discovered when he filed a trademark application for his clothing brand, FUCT. The USPTO refused to register this mark on the grounds that it was immoral or scandalous in the context of contemporary attitudes. In re Brunetti, Serial No. 85310960 (August 1, 2014) [not precedential]. The Board affirmed the refusal by pointing to dictionary definitions showing that Mr. Brunetti’s mark and a certain unsavory word were equivalent, and the meaning was less than nice. There was also evidence that Mr. Brunetti encouraged consumers to associate his mark with its arguably vulgar phonetic equivalent. Mr. Brunetti’s explanation that he chose the mark as an acronym for “Friends U Can’t Trust” was rejected as stretching credulity. In the end, though, on appeal, the federal circuit found that the Board’s decision was also a stretch in view of the Supreme Court’s In re Tam decision. In re Brunetti, 2017 U.S. App. LEXIS 25336 (Fed. Cir. Dec. 15, 2017). In reversing the Board’s refusal and allowing the mark to be registered, the federal circuit held that the immoral and scandalous provisions were content-based restrictions that did not survive strict or intermediate scrutiny given the guidelines set forth in In re Tam. Simply put, the court found that “the government does not have a substantial interest in protecting theBriefs June 2018 Vol. 86 No. 5

the public from scandalousness and profanities[,]” and the immoral and scandalous provisions were no more. What does this mean for you? It means that one day you might put on your Fuct® jeans, play The Slants®, get in your *&$%!® car, drive to $@&*$®, and order a &*%@$#&® sandwich, but probably not anytime soon. For now, it means that businesses have a broader array of trademarks for the not so faint at heart that can be federally registered. This includes the Redskins® trademarks, which had all been cancelled as disparaging to Native Americans, but have now been reinstated and the case dismissed. So if you have a #&@*%& trademark you are interested in protecting, feel free to mention it to your favorite trademark attorney. The USPTO is open for business. Allison R. Imber, Esq., a patent attorney and shareholder at Allen, Dyer Doppelt + Gilchrist, P.A., practices trademark, patent, copyright and trade secret law. She has successfully prosecuted numerous trademark applications to registration, and counsels business owners regarding intellectual property enforcement and protection strategies. She is also an active member of the OCBA Intellectual Property Law Committee, the International Trademark Association, and the Central Florida Association for Women Lawyers. She has been a member of the OCBA since 2007. She may be reached at aimber@allendyer.com or 407-841-2330. See U.S. Customs and Border Protection, https://www.cbp.gov/trade/priority-issues/ ipr/protection (last visited April 9, 2018). 2 See Amazon.com, Inc., Why enroll your brand in the Amazon Brand Registry, available at https://brandservices.amazon.com/ (last visited April 9, 2018). 1

Business Valuations ❙ Forensic Accounting Elder Care ❙ Divorce Consulting ❙ Fraud Examination Litigation Support ❙ Economic Damages

Lawyer Referral & Information Service We are recruiting attorneys in the following areas to join the LRIS panel: administrative law, consumer law, personal injury law, social security law and Spanish-speaking attorneys in all areas of law.

Modest Means Program

To provide legal services for those who do not qualify for legal aid programs but cannot afford standard attorney’s fees, we have launched a Modest Means program. Types of cases referred include: criminal, family, and landlord/tenant.

www.orangecountybar.org

For additional information, please contact Candice Maull at 407-422-4551, ext. 226, or candiced@ocbanet.org.

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SideBar

he weather is not the only thing heating up in Central Florida. Check out what our voluntary bar associations have been busy doing despite the rise in temperatures.

Alena V. Baker, Esq.

HBACF In April, the Hispanic Bar Association of Central Florida (“HBACF”) hosted its 2018 Judicial Reception at Quantum Leap Winery in Winter Park. Guests were able to enjoy the company of our esteemed judiciary as well as their judicial assistants for a night that provided great company and great drinks. In addition, the HBACF hosted its highly anticipated Domino Tournament on May 11, 2018 at Four Rebels Taco Kitchen & Bar. We won’t tell you who the winners were, but feel free to check out the HBACF Facebook page for more information and photos from the event. PCPBA On May 31, 2018, the Paul C. Perkins Bar Association (“PCPBA”) hosted its Tenth Annual Scholarship & Installation Luncheon. At this luncheon, the association awarded scholarships to students of Florida A&M University College of Law and Barry University School of Law. Additionally, the 20182019 PCPBA executive board was installed. The keynote speech was given by Tallahassee mayor and Florida A&M University alumnus, The Honorable Andrew D. Gillum. CFACDL On April 25, 2018, the Central Florida Association of Criminal Defense Lawyers (“CFACDL”) held an exciting program lead by Fritz Scheller, Esq., who was the attorney for Noor Salman. Fritz spoke to a packed house at the Sorosis club regarding his experiences in successfully litigating the high-profile case. In addition, on May 23, 2018, CFACDL hosted a luncheon at the Sorosis Club with guest speaker Richard Lubin, Esq. FBA In April, the current president for the Orlando Chapter of the Federal Bar Association (FBA), Téa Sisic, Esq., and president-elect Lauren Millacarek, Esq., traveled to Washington, D.C., to represent the FBA at the 2018 Capital Hill Day and Leadership Training conference. Also in April, the FBA hosted students from the Boone High School Law Magnet Program for this year’s “Civics Outreach Program” at the George C. Young Federal Courthouse. The students met with current law clerks, took a tour of the courthouse, listened to a panel discussion with former assistant U.S. attorneys, observed a hearing before The Honorable Roy Dalton, and met with The Honorable Paul Byron.

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On May 18, 2018, the FBA hosted its Second Annual Women in the Law Symposium. Guest speakers included Hilarie Bass, Esq., president of the American Bar Association; Maria Vathis, Esq., president-elect of the Federal Bar Association; and The Honorable Shira Scheindlin, U.S. District Judge of the U.S. District Court, Southern District of New York (retired). This year’s theme was titled “Leading the Way Forward” and featured a panel discussion on several topics, including “The Role of the Bench,” “Doing Well by Doing Good - Volunteering on Boards and Committees,” and “Women as Lead Counsel.” The FBA held a cocktail reception after the seminar. On June 7, 2018, the FBA will host a Chambers Lunch, featuring The Honorable Karen Jennemann and The Honorable Cynthia Jackson. The Chambers Lunch Series is an informal luncheon connecting members of the FBA’s Orlando Chapter with the judges in the Orlando Division of the U.S. District Court for the Middle District of Florida. The luncheon is a unique opportunity for FBA members to get to know the judges while networking with fellow practitioners in a smaller environment. In addition, on June 22, 2018, the FBA will be hosting two events: Morning at the Federal Courthouse for summer associates and lawyers; and later, University of North Carolina School of Law professor Michael Gerhardt, who is also Special Counsel to the U.S. Senate Judiciary Committee. Professor Gerhardt will speak about the transformation of the judicial nomination process and the federal judiciary. For more information about how to register for these upcoming events, please visit the FBA’s Facebook page. And Go Heels!

CFGALLA The Central Florida Gay and Lesbian Law Association (“CFGALLA”) is happy to announce the newest member of its board of directors, Robert Grimaldi, Esq. Robert is a Virginia native who spent most of his formative years in Florida. He is a graduate of the University of South Florida and Florida A&M University College of Law. Robert began his legal career at the state attorney’s office of the Ninth Judicial Circuit and subsequently became a senior attorney for the Florida Department of Children and Families. Robert has been with the Orange County Property Appraiser’s office since 2013, where he practices ad valorem tax law. And don’t forget that the third Wednesday of every month, CFGALLA provides free legal assistance for issues affecting gay, lesbian, bisexual, and transgender people from 6:00 p.m. to 8:00 p.m. at The Center, located at 946 N. Mills Ave., Orlando, Florida 32803.

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CFAWL The Central Florida Association for Women Lawyers (“CFAWL”) participated in a joint program with the Osceola Bar Association on April 19, 2018, taking in a Kissimmee Fire Frogs baseball game. On April 25, 2018, CFAWL, with the generosity of The Florida Bar Young Lawyers Division, hosted a judicial round table where CFAWL Young Lawyers were able to ask questions about professionalism and general practice tips of The Honorable judges Alice Blackwell, Luis Calderon, Patricia Doherty, Heather Higbee, Dan Traver, and Tanya Wilson, and Patricia Savitz, Esq., from The Florida Bar. On May 4, 2018, CFAWL was honored to host City of Orlando Mayor Buddy Dyer as its luncheon speaker. On May 24, 2018, CFAWL spent the evening mentoring foster kids who live in Great Oaks Village. In June, CFAWL members Heather Meglino, Esq., Celeste Thacker, Esq., and

Jessica Thomas, Esq., will be awarded the Leader in the Law Award by the statewide Florida Association for Women Lawyers (“FAWL”), and CFAWL will be awarded the Outstanding Member Program Award for its CFAWL Advisory Program, which provides a panel of attorneys to any member who wants confidential advice and guidance for work issues from sexual harassment to putting together a presentation to requesting a raise. Additionally, CFAWL president Kimberly Hosley, Esq., will be sworn in as state FAWL treasurer, and CFAWL member Traci Deen, Esq., will be sworn in as FAWL legislative director.

George C. Young American Inn of Court On April 17, 2018, the George C. Young American Inn of Court met at the Tap Room at Dubsdread to discuss the pros and cons of the Constitutional Revision Commission versus the Citizen Petition Initiatives.

On April 21, 2018, the Inn held its spring social while rooting for the Lions at an Orlando City Soccer Game. The event featured a pregame tailgate party with the Orlando City Soccer Club, followed by tickets to see the Lions battle the San Jose Earthquakes. Those in attendance said they had a great time and encouraged the social committee to make this an annual event – so, make sure you don’t miss next year!! Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com. Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is currently the chair of the Criminal Law Committee of the OCBA.

Central Florida Association for Women Lawyers Judicial Round Table Kissimmee Fire Frogs baseball game

Hispanic Bar Association of Central Florida 2018 Judicial Reception

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www.orangecountybar.org

PAGE 29

PhotoOp

2018 VITA Tax Clinic

Legal Aid Society volunteers and staff work the VITA free tax clinic for our low-income neighbors. Shown are Nancy Barnette, James Savius, Marilyn Carbo, Ed Milford, and Cathy Tucker, Esq.

Board of Governors’Report continued from page 11

gram Evaluation Committee. Contact: whelsby@anblaw.com; 407-571-2152. Mary Ann Morgan, Esq. – Disciplinary Review Committee; Rules Committee. Contact: maryann@billingslawfirm.com; 407679-9900 Ninth Judicial Circuit Board of Governors representatives: Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A.; and Julia L. Frey, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A. They have been members of the OCBA since 1987, 1986, and 1993, respectively.

MajorSeminars June 5

The Next-to-Last Mediation Seminar You Will Ever Need. ADR Committee. 9:00 a.m.-12:00 p.m. OCBA Center. Speakers: David Henry, Esq.; Jeffrey Deery, Esq.; and Tony Sos, Esq. CLE: 4.5 general, including 1.0 ethics (approved). Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Register by June 3 through the OCBA Store. Sponsored by Marshall, Dennehey, Warner, Coleman & Goggin, P.C.

Brown Bagging with the Bobs

June 11

Discovery Depositions Part 2: The Taking of a Deposition Bring your lunch and pick up great practice pointers! 12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org PAGE 30 www.orangecountybar.org

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PAGE 31

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

Available to accept referrals, consult or co-counsel on cases involving physicians, nurses, health professionals or health facilities. Referral fees paid in appropriate cases.

George F. Indest III, J.D., M.P.A., LL.M. • Board Certified by The Florida Bar in Health Law • More than 30 years of legal experience • LL.M. from George Washington University • Admitted in Florida, Louisiana and D.C.

Lance O. Leider, J.D., LL.M. • B.A., University of Florida • J.D., Barry University School of Law • LL.M. from Loyola University Chicago School of Law’s Beazley Institute for Health Law and Policy

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• Products Liability Cases

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Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 32 www.orangecountybar.org

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ParalegalPost 2018 Florida Registered Paralegal Standing Committee Update

T Patricia C. DeRamus, ACP, FRP

he Florida Bar recently made significant changes and improvements to the Florida Registered Paralegal (“FRP”) Standing Committee meeting format. These exciting changes have been implemented in response to a number of member inquiries regarding how the FRP Committee meetings are conducted. A number of events have been planned for the June 2018 Florida Bar Annual Convention, which will be held Hilton Orlando Bonnet Creek in Orlando. The FRP Committee meeting will be held on June 15, 2018. All FRPs, paralegals, legal professionals, and paralegal students are invited to attend the meeting, which will be followed by a complimentary, three-hour CLE seminar. The seminar, entitled “Ethics, Professionalism, and Timely Technology for the Legal Professional,” will begin 1:15 p.m. with keynote speaker American Bar Association president, Hilarie Bass, Esq. A special reception for paralegals will be held after the seminar. Schedule FRP Committee Meeting 12:00 p.m. - 1:00 p.m. All paralegals are invited to attend and meet the members of the FRP Standing Committee. Refreshments and beverages will be provided. CLE Seminar 1:15 p.m. - 2:10 p.m. Technology: “Effective and Practical use of Case Management Software Available Today” will cover how to make the most of the technology in your law practice. Speaker: Alyson Laderman, Esq.

theBriefs June 2018 Vol. 86 No. 5

www.orangecountybar.org

2:15 p.m. - 3:10 p.m. Professionalism: “Professionalism and Ethics in the Real World.” Speaker: The Honorable John Marshall Kest. 3:15 p.m. - 4:10 p.m. Ethics: “#METOO/#TimesUP Movements, Sexual Harassment and How the Legal Profession and the ABA are Reacting to it.” Speaker: ABA president Hilarie Bass, Esq. Paralegal Reception 4:30 p.m. - 5:30 p.m. All FRP Standing Committee members and seminar attendees are invited to attend a reception with beverages, a bar, and hors d’oeuvres. Florida Bar President’s Reception 5:30 p.m. - 7:30 p.m. More information will be provided as June 15, 2018 draws closer. We look forward to seeing many of our FRP members, as well as paralegals, paralegal students, and other legal professionals at the upcoming event! Patricia DeRamus, ACP, FRP, is senior legal assistant of the Consumer Protection Division of the Office of the Attorney General. Ms. DeRamus is the Paralegal Committee chair of the Palm Beach County Bar Association, Professionalism Committee member of the Paralegal Association of Florida, Inc., and member of National Association of Legal Assistants’ Historical Committee.

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Legal Aid SocietyTeaching Tips continued from page 14

efforts, please contact Donna, development director, at dhaynes@ legalaidocba.org, or 407-515-1850. Tenesia C. Hall, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2001. For more information, please contact Ms. Hall at tchall@legalaidocba.org, or 407-841-8310 ext. 3167.

Legal Aid SocietyGAL Teaching Tips continued from page 15

case manager is also a great way to advocate for what the child needs. In-Court Advocacy The dependency court is required to hold a judicial review hearing every 6 months in any case. If needed, more hearings can also be requested. As GAL, you can request that the court order any recommended interventions as well as any additional services you think may be in the child’s best interests. It cannot be stated enough that no disability should prevent a child from the same or similar quality of life as a child without disabilities, and as GALs we are often bridges to services for the children we serve. For information about how you may financially support the Legal Aid Society, please contact Donna Haynes, development director, at dhaynes@legalaidocba.org, or 407-515-1850. Coravious Cowart, Esq., is the developmental disabilities attorney for the Legal Aid Society of the Orange County Bar Association, Inc.’s Guardian ad Litem Program. He has been a member of the OCBA since 2012. For more information, please contact Mr. Cowart at ccowart@legalaidocba.org, or 407-841-8310 ext. 3175.

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Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE! www.orangecountybar.org/store Login for Member Pricing!

Visit: mynpp.com for details / eligibility / enrollment Discounts available, include: DocuSign • Verizon Wireless • Best Buy for Business • Office Depot • Toll-free audio conferencing • Expedia • 1-800-FLOWERS and 1-8800-Baskets • DentalPlans (chosse from over 30 plans) • Skechers • Sherwin Williams.... and more Visit NPP to learn more and start saving!

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

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theBriefs June 2018 Vol. 86 No. 5

2018

PART 2 JULY - DECEMBER

July 10, 2018

Family-Based Immigration

July 24, 2018

What’s in Your Closet? Unpacking Adverse Childhood Experience

August 7, 2018

Current Eviction Practices from the Tenants’ View

August 21, 2018

Nurturing our Newborns: Advocacy in Early Childhood Court

September 11, 2018

Changing Your Name and Gender Marker. A Primer for Helping Transgender Individuals

September 25, 2018

It’s Gonna be Legend – Wait for it – Dary… Legendary! Mental Health Advocacy Outside of the Courtroom

October 9, 2018

Unified Family Court and DV

October 23, 2018

The Thrill of Victory and The Agony of Defeat - Adaptive Sports for Children with Disabilities

November 6, 2018

Guardianship of the Person

November 13, 2018

Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking

December 4, 2018

Mental Health Issues in Family Law Litigation

December 11, 2018

Is that your Final Answer? Knowing What to Ask About the Regis Little Act

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO mcarbo@legalaidocba.org ctucker@legalaidocba.org merazmus@legalaidocba.org

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered).

ALL TRAININGS HELD AT Marks Street Senior Complex | 99 East Marks Street | Orlando, FL 32803 | Cypress Room

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Ne w M e mbe rs Attorneys

Associate

Alana E. Anderson

William McNeil

Courtney Blandford Heather D. Bondhus Joseph H. Davis

Affiliate Ashley S. Player

Wendy Friedberg

Paralegal Student

Jonathan Jacobs

Jennifer L. Hall

Lisa C. McCrystal

Invite your colleagues to join the OCBA today!

Ross V. O’Bryan

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

Rahul Y. Parikh Christian H. Tiblier David B. Wieland

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.

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of the Orange County Bar Association, Inc. Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.

2-9 Members Allen, Miller & Diaz, P.A. Allen, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Arwani Nava Law Firm PLLC Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Beshara, P.A. Billings, Morgan & Boatwright, LLC Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. Cynthia Conlin & Associates DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A.

PAGE 36

Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Hale, Hale & Jacobson, P.A. Harris Harris Bauerle Ziegler Lopez Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Amber Jade F. Johnson, P.A. Law Offices of Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Mark L. Horwitz, P.A. Lewis & Crichton Lim Law, P.A. Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A.

O’Mara Law Group Provencher & Simmons, P.A. Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Small Business Counsel Southern Trial Counsel Sperling Ducker, P.L.C. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Benenati Law Firm The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Llabona Law Group The Orlando Law Group The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

fs June 2018 Vol. 86 No. 5

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Events June 12 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m. Meenakshi “Meena” Hirani, Esq. and Arti Hirani, Esq. Members only. Free. Register by June 11 through the OCBA Store.

Events June 1 – HOAs and Condos. Real Property Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 condominium and planned land development and 1.0 real estate certification (approved). Speaker: Karen Wonsetler, Esq. Fees: Free (OCBA members); $15 (non-members). Register by May 30 through the OCBA Store. June 5 – The Next-to-Last Mediation Seminar You Will Ever Need. ADR Committee Major Seminar. 9:00 a.m.-12:00 p.m. OCBA Center. CLE: 4.5 general, including 1.0 ethics (approved). Speakers: David Henry, Esq.; Jeffrey Deery, Esq.; and Tony Sos, Esq. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Register by June 3 through the OCBA Store. Sponsored by Marshall, Dennehey, Warner, Coleman & Goggin, P.C. June 5 – Consumer Debt Collection and Garnishment. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: N. James Turner, Esq., and Jay Mobley, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. June 11 – Discovery Depositions Part 2: The Taking of a Deposition. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Flr. Conf. Room. CLE: (pending). Fee: Free. RSVP to Cindy Brown at ctjacb1@ocnjcc. org. June 11 – Estate, Guardianship & Trust Committee Seminar. Details to come. June 19 – Not Your Typical Psychology Class: Understanding the Psyche of Parents in the Dependency System. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Kavita Sookraja, Esq., and Dr. Amanda Janner. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

June 22 – Perspectives from the Bench: How to Be a More Effective Attorney at Trial. Workers’ Compensation Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 workers’ compensation certification (approved). Fee: Free (OCBA members); $15 (non-members). Speakers: The Hon. Wilbur Anderson; The Hon. Rob Arthur; The Hon. Robert Dietz; The Hon. Neal Pitts; The Hon. Margaret Sojourner. Register by June 20 through the OCBA Store. Sponsored by Cantrell Consulting, Inc.; Orlando Orthopaedic. June 29 – How Bankruptcy Proceedings Affect the Real Estate Closing Process. Bankruptcy Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 business litigation and 1.0 real estate certification (approved). Fee: Free (OCBA members); $15 (non-members). Speaker: Barry Miller, Esq. Register by June 27 through the OCBA Store. July 10 – Family-based Immigration. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Ana Bernal Roberts, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. July 20 – Family Law Committee Seminar. Details to come. July 24 – What’s in Your Closet? Unpacking Adverse Childhood Experience. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: J.J. Lullen, LAS staff case coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba. org. July 25 – Social Media Series Part 1: Attorney Conduct. Professionalism Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general; 1.0 technology; 1.0 ethics (pending). Fee: Free (OCBA members); $15 (non-members). Speakers: Paul Lipton, Esq., and Keshara Cowans, Esq. Register by July 23 through the OCBA Store. Sponsored by Martindale-Hubbell.

For seminar updates, please see the OCBA Store at orangecountybar.org/store.

An n o unce ments

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CLASSIFIED ADS EMPLOYMENT Specialty Defense Firm handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751 BI Attorney Needed: Established insurance defense law firm seeks trial attorney with 7+ years of trial practice experience. The candidate must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very lucrative compensation package is available for the right person. Send resumes to mheaberlin@gobelflakes. com. Health attorney for small law firm concentrating on physicians & health professionals in the N.W. Orlando area. Civil

litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 3313030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE DSK Law is looking for a Florida licensed attorney with 2 to 5 years of civil litigation experience for its Orlando office. The attorney will primarily focus on insurance defense litigation. A successful candidate should be able to handle multiple cases, communicate well with the firm’s clients, write effectively, and be engaged in trial work. We are seeking motivated individuals who are looking to grow with the firm. We offer a comprehensive compensation package, to commensurate with your experience and accomplishments. Please send your resume to Judy Ellis at jellis@dsklawgroup. com.

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

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. LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area. Completely Renovated/ Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free - $745.00, plus tax. Parking included. (407)6481500. Office space available 1515 E. Livingston. Free standing building, 3 offices, reception and free parking. $1500/mo. Unfurnished, $1600/mo. Furnished. Contact Jessica Travis at jessicatravispa@gmail.com. Downtown office available. 11th floor. Views of Lake Eola and downtown. Ample parking. Includes secretarial stations

with receptionist, telephone, internet, copier. Please call 407-792-1285 Downtown Office Space: 2 furnished offices with receptionist and internet; 2 blocks from courthouse. Contact Debbie@yergeylaw.com or 407-843-0430 ext. 307. Office space available: Up to 831 square feet within shared suite of offices, downtown Orlando tower, easily accessible, fitness center on property, within walking distance to Lymmo, Sunrail, City Hall, Performing Arts Center, and restaurants. Conference room, kitchen, receptionist, electric, internet, phone, fax, copier, on-site parking available. Inquiries: 407-843-7300 Melbourne Law Office - Space available. Close to I-95 and Viera Courthouse. Includes signage, use of 3 conference rooms, copy center, reception, phones, WIFI, network capability, referral potential and more. Steve Charpentier 321-2588448

You are in business to deliver a valuable service.

Toot your own horn! The Briefs is the perfect forum to herald your message. OCBA advertising specialist Joan Giovanni stands ready to assist in your media investment. 407-422-4551 x. 244 // joang@ocbanet.org PAGE 38

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OCBA Calendar

No June Luncheon Next Luncheon: July 12, 2018

JUNE - JULY

June

Bankruptcy Law Technology Committee Committee Seminar Meeting Real Property How Bankruptcy 12:00 p.m. • OCBA Committee Seminar Proceedings Affect the Center HOAs and Condos Real Estate Closing 12:00 p.m. • OCBA Lawyers Literary Process Center Society Meeting 12:00 p.m. • OCBA 12:00 p.m. • OCBA ADR Committee Center Center Major Seminar Labor & Employment The Next-to-Last Social Security Committee Meeting Mediation Seminar You Committee Meeting 12:00 p.m. • OCBA Will Ever Need 12:00 p.m. • OCBA Center 9:00 a.m. • OCBA Center Center J uly Family Law Professionalism LAS Lunchtime Committee Meeting Committee Meeting Training 12:00 p.m. • OCBA 12:00 p.m. • OCBA Consumer Debt Center Center Collection and LAS Lunchtime Garnishment Independence Day Training 12:00 p.m. • Marks OCBA Center Closed Not Your Typical Street Senior Center Psychology Class: Criminal Law Professionalism Understanding the Committee Meeting Committee Meeting Psyche of Parents in the 12:00 p.m. • OCBA 12:00 p.m. • OCBA Dependency System Center Center 12:00 p.m. • Marks Immigration/ Street Senior Center Business Law International Law Committee Meeting Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Center Criminal Law Estate, Guardianship Committee Meeting Appellate Law & Trust Committee 12:00 p.m. • OCBA Committee Meeting Meeting Center 12:00 p.m. • Lowndes, 12:00 p.m. • OCBA Drosdick, Doster, Center Immigration/ Kantor & Reed, P.A. International Law LAS Lunchtime Committee Meeting Elder Law Committee Training 12:00 p.m. • OCBA Meeting Family-based Center 12:00 p.m. • OCBA Immigration 12:00 p.m. • Marks St. Estate, Guardianship Center Senior Center & Trust Committee YLS Luncheon Seminar 11:30 a.m. • Citrus Technology Committee TBD • OCBA Center Club Meeting 12:00 p.m. • OCBA Brown Bagging with Workers’ Compensation Center the Bobs Committee Seminar Discovery Depositions Perspectives from the Veterans Committee Part 2: The Taking of a Bench: How to Be a Meeting Deposition More Effective 12:00 p.m. • OCBA 12:00 p.m. • Orange Attorney at Trial Center County Courthouse, 12:00 p.m. • OCBA Judicial Relations 23rd Floor Conf. Room Center Committee Meeting Perks Social Committee Member 12:00 p.m. • Orange 8:00 a.m. • OCBA Meeting County Courthouse, Center Contact chair for details 23rd Floor Conf. Room

4 5

6 7

9 10

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www.orangecountybar.org

11:30 a.m.-1:00 p.m. The Embassy Suites 191 E. Pine St., Orlando, FL 32801 RSVP by July 9, 2018 orangecountybar.org/store

OCBA Executive

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

Luncheon 12 OCBA Judicial Candidate

Forum 11:30 a.m. • Embassy Suites - 191 E. Pine St., Orlando Social Security Committee Meeting 12:00 p.m. • OCBA Center

& Small Firm 17 Solo Committee Meeting

12:00 p.m. • OCBA Center

Law 18 Appellate Committee Meeting

12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center Luncheon 2 0 YLS 11:30 a.m. • Citrus Club

Family Law Committee Seminar TBD • OCBA Center

Training 24 LAS Lunchtime

What’s in Your Closet? Unpacking Adverse Childhood Experience 12:00 p.m. • Marks St. Senior Center

25 Professionalism Committee Seminar

Social Media Series Part 1: Attorney Conduct 12:00 p.m. • OCBA Center

Bankruptcy Law 27 Committee Meeting

12:00 p.m. • OCBA Center

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June 2018 Vol. 86 No. 5