The Orange County Bar Association - The Briefs - June 2021

A Publication of the Orange County

Bar Association

Inside this Issue:

June 2021 Vol. 89 No. 5

President’s Message OCBA is Ready to Break Out! Eric C. Reed, Esq.

Workers Compensation Committee Winning at All Costs Isn’t Really Winning Sean P. McCormack, Esq.

Professionalism Committee Remarks Upon Receipt of the OCBA 2021 James G. Glazebrook Memorial Bar Service Award The Honorable Lisa T. Munyon

Paralegal Post “Just a Paralegal” April Phillips, FRP

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theBriefs June 2021 Vol. 89 No. 5

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Contents 3

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President’s Message OCBA is Ready to Break Out! Eric C. Reed, Esq.

Legal Aid Society What We Do...

Florida Supreme Court Honors Orange County Attorneys Larri T. Thatcher, Esq.

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Clerk’s Corner 2021 Report to the Citizens of Orange County The Honorable Tiffany Moore Russell

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Professionalism Committee Remarks Upon Receipt of the OCBA 2021 James G. Glazebrook Memorial Bar Service Award The Honorable Lisa T. Munyon

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Chief’s Column From the Heart The Honorable Donald A. Myers, Jr.

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Law Week Committee 2021 Law Week – Advancing the Rule of Law Now Peonca S. Grier, CP, FRP, SHRM-CP Brittany G. Melendez, Esq.

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Workers Compensation Committee Winning at All Costs Isn’t Really Winning Sean P. McCormack, Esq.

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Legal Aid Society Teaching Tips Regis Little and Guardian Advocacy: Ensuring Continued Advocacy for Former Foster Youth Coravious L. Cowart, Esq.

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OCBA Law Day 5K

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OCBA Past Presidents Dinner

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Voluntary Bar News SideBar Alena V. Baker, Esq.

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Paralegal Post “Just a Paralegal” April Phillips, FRP

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Young Lawyers Section News YLS on the Move Kimberlee A. Martin, Esq.

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OCBA Member News Hearsay Michael V. Andriano, Esq.

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New Members

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Classifieds

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Calendar

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2021 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

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the Briefs Editor John M. Hunt

©2021

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

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

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

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President’sMessage

June 2021

OCBA is Ready to Break Out!

H

ere we go fellow OCBA members, we are off and running into a new bar year.

I am honored and privileged to serve as president of this great bar association. As we make our way out of the dreaded COVID-19 lockdown days, I want to thank my good friend, LaShawnda “LJ” Jackson for her strong leadership and, heck, really her endurance to keep the OCBA on track. This is nowhere more evident than her Eric C. Reed, Esq. oversight of the OCBA’s administration of the Orange County COVID-19 Eviction Diversion Program which ran from August 25, 2020, to March 3, 2021. The project, led by Candice Maull, required the hiring of 25 temporary employees to process over 4,000 applications which led to $12,500,000 paid out to assist Orange County tenants and landlords. The work performed

by LaShawnda and the OCBA staff for this program was timely, efficient and much needed for our community.

My fingers are crossed that we will be able to “reopen the doors” for us to meet again at the monthly luncheons, committee meetings, the Bench Bar Conference, social events, and all the other valuable and fun stuff the OCBA provides to our members. This year we get to celebrate the Big 60 for the Legal Aid Society of the OCBA, giving us an opportunity to celebrate this great organization which has helped thousands and thousands of our fellow Orange County residents. This year the OCBA Foundation is under the leadership of Judge Andrew Cameron after a fun and productive year by last year’s president, Alisia Adamson Profit. In addition, Brandon Sapp hands the reins over to Michael Barber to lead the mighty Young Lawyers Section (and I hope the return of the party/circus of the YLS golf tournament).

My vision for the year is a focus on how to make the stressful life of practicing law better through various ways like mentoring, networking, and socializing. My first step into the OCBA world was through the YLS’s golf committee back in 2003. This committee allowed me to meet, socialize, and network with fellow attorneys.

My vision for the year is a focus on how to make the stressful life of practicing law better through various ways like mentoring, networking, and socializing.

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Fast forward 18 years, these relationships have turned into friendships and mentoring opportunities. In particular, I recently asked for some mentorship from a few OCBA past presidents on how to be a “good” bar president. Well, the common theme/advice was hands down “don’t procrastinate writing the President’s Message. . . get it done early and often!”

The OCBA is here to serve our members’ professional needs, to support the legal profession and the justice system, while improving access to legal services. I look forward to a prosperous 20212022 and want to thank (in advance) my family (Carrie, Morgan, Reagan, and Baxter), the OCBA staff, including our executive director, Jenny Brown, my law firm of Shutts & Bowen, and all my friends from the “Avalon bubble.” Feel free to reach out to me with your thoughts/ideas on ways the OCBA can continue to serve its members Eric C. Reed, Esq., is a partner in the Orlando office of Shutts & Bowen, LLP, where he practices business litigation. He has been a member of the OCBA since 2000.

www.orangecountybar.org

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Clerk’sCorner 2021 Report to the Citizens of Orange County

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ransparency in government is a core commitment I have made for my office. That is why I am delighted to share with you our Orange County Clerk of Court’s 2021 Report to the Citizens. Providing this report is an important step in continuing to fulfill my pledge of transparency.

As you’ll see throughout our report, my office adapted during the COVID-19 pandemic to make sure we continued to support our customers with openness, innovation, and a continued focus on outreach and resource availability. My office continues to look at virtual ways to reach

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more people to share our events and services to make it easier for you to do business with us.

I encourage you to read through the report to see real examples where my office has worked alongside our stakeholders, including the Orange County Bar Association, to provide more access to justice for our community and customers. Examples of this include our Virtual Operation Green Light events, payment plans and options, and free legal forums, to name a few.

I hope you’ll take some time to read the 2021 Report to The Citizens and see all we are doing to create positive service for everyone who does business with us. You can find our 2021 report on the Clerk’s Office website at www.myorangeclerk.com/annualreport.

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

www.orangecountybar.org

theBriefs June 2021 Vol. 89 No. 5

ProfessionalismCommittee

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Remarks Upon Receipt of the OCBA 2021 James G. Glazebrook Memorial Bar Service Award

remember my first day on the bench like it was yesterday. It was Monday, May 5, 2003. I had just received my commission as a circuit judge the Friday before. I spent the month prior closing my practice and getting ready for the bench. At 8:30 a.m., I stepped into the courtroom and heard the deputy say – “all rise.”

It was an intense moment. SeverThe Honorable Lisa T. Munyon al emotions hit me all at once. I remember thinking – “they’re all standing, this is awesome.” Then awesome turned unnerving when I realized everyone was staring at me. And, everyone remained standing. Time stopped until I finally remembered to say – “you may be seated.”

It was in that moment, from my elevated perch in the courtroom, that I recognized a truth I had previously only instinctively understood from my years of practice. Professionalism in the courtroom starts with the judge.

My first judicial assignment was in the criminal division. I saw many of the same assistant state attorneys and assistant public defenders daily. They were largely young lawyers learning from each other, all of whom were learning from the judges they appeared before. They were me back when I, too, was a young lawyer learning the ropes at the State Attorney’s office. Now, as a judge, I owed it to each of them to model professionalism in the courtroom and demand it of others, just as the judges I appeared before had modeled it for me.

In the legal profession, we spend a great deal of time talking about and teaching professionalism, and I doubt that I can significantly add to that body of work. However, what I can contribute is my practical understanding of professionalism and my view of it from the bench.

Professionalism and ethics are not synonymous. There’s overlap, certainly, but they’re not interchangeable. One can follow the rules regulating the Florida Bar and the code of judicial conduct and be less than professional. So, if professionalism isn’t just ethical behavior, what is it?

In my experience, I have found that professionalism is ethics plus something more. There is an additional element, a fundamental quality that demands we treat others as we wish to be treated.

Judge Glazebrook, with his innate humility, exhibited this charac-

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teristic in abundance and inspired it in others. It’s that quality that I try to emulate both on and off the bench.

So, if professionalism in the courtroom starts with the judge, what behaviors are they modeling? For me, that means I arrive to court prepared and punctual. I respect your time when you appear before me and give you time to be heard. I treat you fairly and with respect. I give you my full attention. I deliver timely rulings, doing my best to rule consistently with the law and consistently in discretionary matters. And, I try to inspire, and when necessary demand, professionalism from everyone in my courtroom.

It also means that I have not forgotten what it is like to be in your shoes, arguing before the court or managing a client. We all have days where we fall short. I know I haven’t always lived up to these ideals, but I know I have tried. And, those rare days where we do not hit the high watermark of professionalism should not define us, but they should be recognized as the opportunities for growth that they are.

I learned the tenets of professionalism when I was a young lawyer from the many judges I appeared before, Judge Glazebrook among them. Now as a judge, I have the opportunity to learn and grow from my colleagues and my fellow judges, who strive every day to embody the quality that demands we treat others as we wish to be treated.

Thinking back to that day in May, time briefly stopped for one other moment as I presided over the courtroom for the first time.

I remember thinking – “this is a truly humbling and grave responsibility.” That thought stayed with me as I learned how to be a judge, and it still remains with me 18 years later.

I am humbled to be given an award named in Judge Glazebrook’s honor and to stand in the company of the judicial giants who have come before me. Receiving the James G. Glazebrook Memorial Bar Service Award for professionalism has been a highlight of my judicial career, and I will continually strive to be worthy of this honor and continually strive to be a model of professionalism. As a judge, I owe that to you.

The Honorable Lisa T. Munyon was appointed to the circuit bench in 2003 and has served as an administrative judge in the criminal, civil, and domestic divisions. She currently serves as circuit judge, Orange County probate/trust, in the Ninth Judicial Circuit, and was recently elected as the first female chief judge of the Ninth Judicial Circuit. She has been a member of the OCBA since 2000.

www.orangecountybar.org

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theBriefs June 2021 Vol. 89 No. 5

Chief’sColumn From the Heart

L

ooking back over these past two years, I can’t help but think of the adage – the days are long, but the years are short. These two years have gone by so quickly. In a blink of an eye, I have both started and concluded my time as chief judge. It feels like just yesterday former Chief Judge Fred Lauten passed the gavel to me. Stepping into the role, The Honorable I was ready to serve, looking at the coming days and years Donald A. Myers, Jr. with eager anticipation. I unChief Judge derstood the responsibility Ninth Judicial Circuit Court and the work that lay ahead. I knew the days would be long.

But really, there was no way any of us could anticipate just how long some of these days would be!

As hyperbolic as it sounds, I don’t think any of you would disagree with my assessment that COVID-19 turned a long day into something that sometimes felt like a decade. The days were – and sometimes still are – rife with a relentless intensity matched only by my sincere gratitude for not having to go it alone.

If I’ve learned anything during my tenure, it’s that no one individual carries the ball on their own. Success in any endeavor demands it be shared at different points along the way. And, thankfully, there have been many capable hands moving the ball along, keeping the work of the courts going during a time when so much of the world was at a standstill. I am so grateful to my colleagues, all of court administration and, of course, to you for partnering with me and the Ninth Circuit on this journey.

The pandemic makes everything intrinsically harder. It’s harder to represent your clients when in-person access to the courts is lim-

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ited and traditional resources are scarce. It’s harder to prepare for court when court is all of a sudden virtual and you now need to focus on learning the technology. It’s harder to manage the emotional burden of the work when just living day-to-day now carries a heavy emotional toll. It’s just harder. And, it would have been so easy to metaphorically curl up in some out-of-the-way corner, pull a blanket over your head, and wait for the storm to pass. Who would have faulted you if you did? No one.

But, you didn’t. Instead you asked – how can I help?

Anytime I’ve reached out to the former presidents of the bar, Tony Sos and LaShawnda Jackson, or to the bar’s administrative staff through Jenny Brown, the answer has always been – yes, we’ll make that happen. When I’ve sent out calls to action, you have always responded – yes, consider it done. In a time of forced seclusion, you refused to allow physical isolation to keep us separate. You rallied together as a team, always ready to accept the ball whenever I passed it your way. And, I cannot thank you enough for your commitment to keeping the ball in play and helping to keep our courts moving forward.

It seems fitting that as my role in the circuit shifts back to the courtroom, the pandemic seems to be shifting, too. Finally there is a bright light at the end of this long tunnel. There is real hope that these long days will finally lose some of their intensity. I look forward to being back with you in the courtroom, continuing to serve our community. But, before I pass the ball to Chief JudgeElect Munyon, I want to take this last opportunity to express my gratitude. It has truly been an honor to work through these long, hard days with you. Thank you.

The Honorable Donald A. Myers, Jr., Chief Judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

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theBriefs June 2021 Vol. 89 No. 5

Law WeekCommittee 2021 Law Week – Advancing the Rule of Law Now

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hat a year this has been.

Our Law Week Committee came together in 2020 with a myriad of ideas and activities to commence our 2021 Law Week. This year’s theme was “Advancing the Rule of Law Now.” According to the American Bar Association, “The rule of law is the bedrock of American rights, liberties-in times of calm and unrest alike…this reminds all of Peonca S. Grier, CP, FRP, SHRM-CP us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice.” We were all very excited to get started on our yearly programs which would spur some very enlightening conversations with the OCBA as well as our community at large. Our outstanding group of committee volunteers came together ready, willing, and able to work. Then there was still the pandemic, schools were inaccessible, and getting together in person was deemed to be unsafe.

With that being said, our team came together and came through Brittany G. Melendez, Esq. with the programs we could provide in the most mindful and safe manner. This year our annual poster and speech contest went forward. This program is open to all Orange County students from elementary through high school. The students were able to submit a speech or poster on this year’s theme. We had over 40 speech entries and 60 posters from elementary, middle, and high school students. This year’s recipients received prizes that were mailed to them, as well as recognition at our virtual Law Day Luncheon. Thank you to Jennifer Finch for chairing this sub-committee and giving her time and organizing submissions for judging.

We are also proud to announce the winners of this year’s Liberty Bell, Liberty Shield, and Liberty Apple Awards. The Liberty Bell Award recognizes a person or organization outside of the legal profession who demonstrates a commitment to the rule of law and works to promote civic responsibility. The Liberty Bell Committee chose the late David King as this year’s winner. The Liberty Shield Award recognizes a first responder who demonstrates exemplary service to the health of our community. The committee chose Dr. Raul Pino as this year’s Liberty Shield winner. The Liberty Apple Award recognizes a teacher who demonstrates exemplary service to the education of our students. The committee chose, Natalie Ford as this year’s Liberty Apple winner. Congratulations theBriefs June 2021 Vol. 89 No. 5

to our winners, and thank you to our sub-committee members Kimberlee Martin and Amy Maitner for their hard work.

This year’s 7th Annual Law Day 5K was another event that was able to move forward despite the pandemic. The Law Day 5K sub-committee worked hard to ensure there was a virtual option this year for those who wanted to participate in a manner they were most comfortable. Thank you to Michael Andriano and Ani Rodriguez-Newbern and their team for putting on yet another fantastic 5K. Unfortunately, because of COVID-19 and our commitment to the safety of our volunteers and the community, we had to cancel many events. Pathways in Law, where members of all aspects of the legal community – from police officers to court reporters to our esteemed judges – come together and speak to students about careers in the legal profession providing a different perspective of our legal system and how it all works together. Thank you to Keshara Cowans for her commitment to this program and we look forward to a great in-person program next year. The Big Bad Wolf mock trials were also cancelled this year. This mock trial is for elementary school students and provides an open forum to discuss a case with live legal professionals. Thank you to Phillip Coffaro for his commitment to this program and working towards providing an in-person and virtual option in the future to allow us to service even more elementary schools next year.

Big thank you to Sebastian Arroyo, who is a new face on the Law Week Committee and stepped up as the committee’s treasurer.

As you can see the majority of this committee’s events were planned to be in person; therefore many were again cancelled due to COVID-19 and CDC restrictions. The annual Naturalization Ceremony Program (chaired by Teresa Finer), the annual Middle School Theatre Program (chaired by Andrew Irvin), the Foundation Law Merit Badge Day (chaired by Euri Cerrud), Job Shadowing at the Orange County Courthouse (chaired by Tara Tedrow), and the High School Mock Trials (chaired by Patti Savitz) were all cancelled and will resume in 2022.

As we bring another Law Week to a close, we would like to thank each and every member of our Law Week Committee and volunteers for their relentless commitment. We all agreed that next year will be bigger and better and we look forward to bringing all the knowledge we have learned over the past year to continue to bring more inclusive programs using virtual and in-person options for several of our programs. Thank you again to everyone for their continued support of this committee and to our Law Week programs.

Peonca S. Grier, CP, FRP, SHRM-CP, is a paralegal practicing in worker’s compensation insurance defense. She is co-chair of the OCBA Law Week committee and has been a member since 2011.

Brittany G. Melendez, Esq., practices first party property insurance litigation. She is co-chair of the OCBA Law Week committee and has been a member since 2013.

www.orangecountybar.org

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Workers CompensationCommittee Winning at All Costs Isn’t Really Winning It takes 20 years to build a reputation and five minutes to ruin it.

If you think about that, you’ll do things differently.

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ow many of us have heard this saying from Warren Buffet? Litigation amid time constraints is stressful. Obtaining a successful outcome for your client is stressful. Attacks and insults from opposing counsel are stressful. What are we as practiSean P. McCormack, Esq. tioners willing to do to reach a desired outcome? Where is the line between being a zealous advocate and violating the Florida Rules of Professional Conduct? A review of recent disciplinary actions and the Rules of Professional Conduct regarding Rule 4-3.4 (Fairness to Opposing Party) and Counsel1 and Rule 4-8.4 (Misconduct)2 can help us answer those questions. Three recent examples of misconduct and unfairness by Florida attorneys illustrate how these rules apply.

In the first case, a young attorney was recently disbarred for negatively targeting two attorneys on social media, as well as impugning a circuit court judge and the appellate court. The relevant facts established that the attorney began a social media barrage on several sites and posted YouTube videos disparaging opposing counsel and the judge, and the attorney insinuated that collusion and corruption occurred between the judge and the attorney. The facts also established that this attorney was self-represented. A blog was posted that used expletives against opposing counsel and ended with the message, “See you in court, (expletive deleted).” There were more than nine instances of incivility and personal attacks against either opposing counsel or the judge over the course of nine months. The referee found the attorney guilty of acting unlawfully and contrary to honesty and justice; engaging in conduct prejudicial to the administration of justice; and embarrassing, delaying, or burdening a third person or knowingly using methods of obtaining evidence that violate the legal rights of such person. Although this young attorney was a victim of abuse and presented evidence of personal and emotional issues requiring medical treatment, this was not enough to overcome disciplinary action. The report from the referee recommended a two-year suspension, but the Florida Supreme Court disapproved of the recommendation and found disbarment the appropriate remedy.

In the second case, an attorney was suspended for six months and placed on one-year probation for making numerous derogatory remarks on social media about opposing counsel and in a client review on a website. The posts also included misrepresentations regarding the judge’s comments about opposing counsel. The referee found that during a litigated case, the attorney specifically made comments intended to humiliate, disparage, and embarrass her opposing counsel when comments were posted on a business social media website that included allegations of “inhumane,” “exPAGE 10

treme,” and “outrageous” behavior. Additionally, the referee found the attorney misrepresented herself as a client when she posted a negative review on a client review website that included a rating of 1 out of 5 stars with comments that cited “inhumane” behavior in opposing a continuance and that she “would not recommend this attorney.” The referee found further guilt when the attorney went outside the comments of the judge on the record and inferred that the judge had found opposing counsel’s behavior and comments were inappropriate, when this was untrue. The referee indicated the comments posted in the online client review website were meant to embarrass and humiliate opposing counsel. The referee found these actions constituted misconduct and unfairness to opposing counsel.

In the final case, an attorney was found guilty of coaching a witness (a claims adjuster) via text message during a telephonic deposition. The facts from the referee establish that while the deposition was in progress, the attorney sent text messages to the witness that included coaching and specific direction on how to respond to the deposition questions by the opposing attorney. During the deposition, the opposing attorney reported being able to hear typing sounds from a cell phone and questioned whether the witness and the attorney were exchanging text messages. The attorney denied such text messages, indicating that a text message was being sent to another person. The facts from the referee establish that the attorney then inadvertently sent a series of text messages to the opposing attorney that were intended for the witness. Subsequent production of the text messages showed that no text messages were being sent to another person but were only being sent to the witness during the deposition. The referee found the attorney had been dishonest when questioned directly about communication via text with the witness and had coached the witness and advised the witness to avoid answering certain questions. The referee found the attorney guilty of misconduct (Rule 3-4.3) and fairness to opposing counsel (Rule 4-3.4(a)). The referee recommended a 30-day suspension. The disciplinary action has not been finalized pending an order from the Florida Supreme Court.

These recent cases tell us that litigation can get the best of us and bring out the worst in us. Despite what we may personally feel about litigation or the practice of law, it is never appropriate or ethical to post negative comments or remarks on social media regarding another party, judge, counsel, etc. The attorneys who were disciplined engaged in dishonest and unprofessional behavior, some beyond the bounds of decency. So, how do we stop this behavior from occurring? Does the publication of disciplinary actions deter future conduct? Is winning at all costs and jeopardizing your reputation and license worth it? We may not have those answers, but we do have ways of reducing bad behavior – and it starts with us.

The introduction of mentorship in our respective Inns of Court helps teach new attorneys how to be zealous advocates without being impulsive, mean, or dishonest. Reading about disciplinary actions certainly should deter any thought of dishonest practices. These cases demonstrate it is not worth risking your reputation and license just to get an advantage or to get vengeance.

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How can we recognize that we may be crossing the line into unethical conduct?

Look to past disciplinary examples, review the Rules of Professional Conduct, and the Oath of Admission to The Florida Bar. Look to warning signs if tensions are high or an argument begins, and don’t respond with a mean-spirited retort. The suggestion is to take a break so you do not act on impulse.

The case involving coaching a witness via text is something that has become more of a concern since the pandemic has resulted in in-person depositions being suspended. Many of us have had our suspicions that witness coaching may have been occurring, and now we have proof that it has (in at least one case). The simple remedy is to ask for a break and to confer with the deponent during the break rather than communicating electronically during the deposition. The Florida Bar recently recommended best practices for remote proceedings. With respect to remote depositions, procedure 4.11 of the recommended Remote Deposition Procedures is instructive. It recommends that there be no electronic form of communication between a deponent and his or her attorney while the deposition takes place.3 Nothing in the recommendation prevents an attorney from communicating with a deponent during a break.

Another suggestion (whether through your local Inns of Court or legal organizations) is getting together with your adversaries in a relaxed learning environment for laughs and fellowship, which can help foster the ability to quickly and efficiently resolve cases or prepare your case for final hearing. Many of us will agree that it would be difficult to file a sanctions motion against an attorney who is your professional acquaintance, or who told you about his or her kids’ recent sports competitions, or who you recently shared some laughs with over dinner. The disciplined attorneys discussed herein would have likely refrained from engaging in misconduct and unfairness to opposing counsel if they had a professional relationship and knew each other’s families.

Many of us have received disturbing or unprofessional emails from opposing counsel. Rather than fire off an immediate and emotional response, we should remember the phrase from Warren Buffet. Do you want that emotional response email to be printed out and filed with the judge? Allow a cooling off period before responding to such emails. Perhaps draft a response, file it in your draft folder, and review it the next day. Keep those impulsive, emotional, and theBriefs June 2021 Vol. 89 No. 5

negative reactions to yourself; don’t immediately put them in writing. Think about how your email will read to your intended recipient. Look at the tone and keep it professional. Stay focused on the desired outcome of the case, such as working on getting the case settled or preparing for final hearing. Treat others as you want to be treated. Avoid acting on impulse. Take a deep breath and pause. You don’t want the judge or a disciplinary board reviewing unprofessional emails or evaluating whether your actions arise to the level of misconduct or unfairness to opposing counsel or parties. Your reputation will thank you later.

Sean P. McCormack, Esq., is an associate with the firm of Colling Gilbert Wright & Carter. Mr. McCormack has practiced exclusively in the areas of social security disability and workers’ compensation since 2005. He is a member of the Orlando Inns of Court and chair of the Workers’ Compensation Section of the OCBA. He has been a member of the OCBA since 2011.

FAIRNESS TO OPPOSING PARTY AND COUNSEL. A lawyer must not: (a) unlawfully obstruct another party’s access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that

1

the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act; (b) fabricate evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness . . . .; (d) in pretrial procedure, make a frivolous discovery request or intentionally fail to comply with a legally proper discovery request by an opposing party; . . . (h) present, participate in presenting, or threaten to present disciplinary charges under these rules solely to obtain an advantage in a civil matter 2 MISCONDUCT. A lawyer shall not: . . . (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation . . . ; (d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis . . . .

3 “While testifying in the deposition no witness shall engage in any private communication, including but not limited to text messages, electronic mail, or the chat feature in the videoconferencing system, while on the record, whether or not a question is pending. Nothing in this paragraph prohibits counsel for the deponent from conferring with the deponent during a break in the deposition, in a ‘breakout room’ or otherwise, nor does it prohibit counsel from communicating with each other by any means during the deposition, or otherwise prevent counsel for the deponent from conferring with the deponent as permitted by the applicable rules of court.” P. 4.11, Fla. Bar Recommended Best Practices for Remote Court Proceedings, available at https://legalfuel.com/wp-content/uploads/2021/04/TFB-Best-Practices-Guide-For-Remote-Court-Proceedings-2.pdf (last visited Apr. 16, 2021).

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

Lunchtime Training • legalaidocba.org

June 1, 2021

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

June 15, 2021

GAL – Dynamic Defense: Advocating for Youth with Developmental Disabilities

July 13, 2021

Legislative & Case Law Update

July 27, 2021

GAL – Advocating for Undocumented Minors Involved in the Dependency Court and Any Court Reliefs and Resources.

DUE TO COVID-19 ALL TRAININGS ARE PRERECORDED AND ADDED TO OUR WEBSITE @ www.legalaidocba.org Please feel free to email Marilyn Carbo at mcarbo@legalaidocba.org or Michelle Erazmus at merazmus@legalaidocba.org for more information.

www.orangecountybar.org

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Legal Aid SocietyTeaching Tips

M

Regis Little and Guardian Advocacy: Ensuring Continued Advocacy for Former Foster Youth

any of our youth who reach age 18 while still in the child welfare system are eager to become adults and make their own life decisions.

Every 18 year old needs support and adult guidance. However, a special segment of our youth with certain disabilities need even more enhanced guidance with decision-making beyond the age of 18. These youth need a guardian advocate.

Coravious L. Cowart, Esq. Regis Little was one of these young adults. Upon turning 18, Regis was deemed an adult legally able to make his own decisions despite continuing to need assistance and direction. With no guardian advocate to assist, Regis decided to leave his foster placement, and almost immediately he found himself alone, he was attacked, and he was so badly wounded that he passed away from his injuries. So little is known about the events that led to his passing, other than that Regis was a former foster child in need of continued help when he reached age 18. The Regis Little Act was created in hopes of avoiding similar situations for other foster youth with disabilities.

What exactly is the Regis Little Act? The Regis Little Act puts in place a process whereby youth with disabilities can continue to have assistance with decision-making beyond turning age 18 in the form of a guardian advocate. For dependent youth, the law requires that, at the 17-year-old judicial review hearing, the dependency court makes a determination that there is a good faith basis to believe that the child qualifies for appointment of a guardian advocate, a limited guardian or a plenary guardian and that no less restrictive decision-making assistance will meet the child’s needs. The law also allows for the proceedings for the appointment of a guardian advocate to be initiated six months before the youth turns 18, in hopes to have the guardian in place prior to the youth’s birthday, ensuring there are no lapses in the needed assistance. See § 39.701(3), Fla. Stat. (2020).

As a Guardian ad Litem (GAL), you can help ensure that a dependent youth with disabilities continues to have the needed assistance beyond age 18. First, you want to make sure the youth has a diagnosis that qualifies for the appointment of a guardian advocate. Qualifying diagnoses include: Autism Spectrum Disorder, Cerebral Palsy, Down Syndrome, Prader-Willi Syndrome, Intellectual Disability, Spina Bifida, and Phelan-McDermid Syndrome. Next, you must ensure that there is a responsible adult

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in the youth’s life willing to serve as guardian advocate. The case management agency should search for relatives or other adults to serve. This can be a difficult task, as many of these foster youth do not have responsible adults in their lives. However, thorough searches of loved ones often yield surprisingly positive results. At the 17-year-old judicial review hearing, be sure the court makes the finding that the youth qualifies for appointment of the guardian advocate. Once that finding is made and the youth reaches age 17 and a half, the guardian advocate process can be initiated.

The guardian advocate statute simplifies the process for families seeking guardianships over individuals with developmental disabilities. Securing a guardian advocate costs far less than securing a plenary guardian, since it eliminates the examining committee needed when seeking a plenary guardianship. This is important as it often allows individuals to proceed with filing for guardian advocacy without the need to hire an attorney. The Ninth Judicial Circuit even has the forms needed to initiate a guardian advocate proceeding available online. This process is beneficial for our foster youth as it does not seek to take away all their rights. Instead, the court will specify in its order the specific areas in which the youth needs assistance with decision-making.

Once the guardian advocate is appointed, that person will have the ability to make decisions in the areas specified in the court order. The guardian advocate must also file an annual plan with the court that details information about the ward, including where they are residing and any specific activities done to enhance the restoration of rights. It is not necessary for the guardian advocate to be represented by an attorney at any point during the guardian advocacy. However, GALs can ensure our dependent youth have access to this life-saving benefit by knowing the needs of their child, informing the court, and seeking assistance from the Legal Aid Society of the OCBA GAL team. It remains our privilege to help you do the most good for the most deserving children.

For further information on the Regis Little Act and guardian advocacy or to become a GAL, please contact Coravious L. Cowart, Guardian ad Litem Program Director of Administrative Services, at (407) 841-8310 or ccowart@legalaidocba.org. For more information on how to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development, at (407) 515-1850 or dhaynes@legalaidocba.org.

Coravious L. Cowart, Esq., is the GAL Administrative Director of Legal Services at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

www.orangecountybar.org

theBriefs June 2021 Vol. 89 No. 5

Legal Aid SocietyWhat We Do...

T

Florida Supreme Court Honors Orange County Attorneys

he Florida Supreme Court, The Florida Bar’s Young Lawyers Division (YLD), and the Florida Pro Bono Coordinators Association recently announced the attorneys who were recognized for their 2020 pro bono work. This recognition is an annual project funded by the YLD and was established to encourage participation with local organized pro bono programs. Each year, attorneys who contribute

Larri T. Thatcher, Esq.

20 or more hours receive a letter from the Chief Justice and a pin recognizing their contribution. The donation of time is based on the hours reported to the Legal Aid Society of the Orange County Bar Association on cases closed during 2020 or on a project in 2020. Only attorneys who close a case with 20 or more hours or provide 20 or more hours on a project are recognized through this program. This year, the letter from Chief Justice Charles T. Canady and the pin will be mailed to 181 attorneys who met the criteria and participated through the Legal Aid Society of The Orange County Bar Association, Inc. Larri T. Thatcher, Esq., is the Deputy Director, Pro Bono Coordinator, of the Legal Aid Society of the Orange County Bar Association. She has been a member of the OCBA since 1996.

The attorneys are: Aidif, Daniel Airth, Jr., William C. Albaugh, Andrew Alfonso, Melissa Allen, Herbert Am, Onchantho Amos, Jr., Joseph L. Angiulli, Matthew J. Appleton, Michael J. Arline, Kathy Ashby, Kimberly Aust, Lynn B. Ba, Angela S. Baxa Jr., Edmund T. Beauchaine, Amy Belbeck, Jennifer Belle, Stephen Berglund-Harper, Michelle Berman, Jed Bole, Bradley Bonham, Maytel Sorondo Boulden, John D. Brams, Craig Branson, Robert Brehmer-Lanosa, Linda Callahan, Jane Dunlap Calvo-Paquette, Lourdes M. Capstraw, Matthew B. Carbone, Sandra R. Cardoza, Randy Carroll, Jacqueline Chmelir, Andrew Chong, Stephen C.L. Church, Kelley Cocotas, Vivian P. Conlin, Cynthia Cox, Derrick

D’Aniello, Phil A. Davis, Jr., William A. Demps, Melanie M. Desai, Tushaar V. Devine, Matthew Dirlam, Gary Dolney, Thomas S. Dominick, Jr., Julian Doppelt, Ava K. Doty Solik, Mary Durso, Molly Eichenblatt, Steven S. Epstein, Tobi A. Etzler, Mary Ann Ezzo, Elise M. Falcone, III, Vincent Fisher, Hallie Fleming, Jeffrey M. Flores-Ayala, Judith Foels, Pamela L. Fowler, Kevin Frank, Russell Freeman, Nancy Freitas, Paula S. Furino, Maureen Gendzier, Lawrence S. Gibbs, Jon Gibson, Michael Gillham, Elizabeth Stevens Gordon, Charles E. Graham, Kara Gyebi, Amaris Hall, Matthew B. Hawkins, Cynthia A. Herbert, Gregory W. Hernandez, Darylaine Hesse, Keith

theBriefs June 2021 Vol. 89 No. 5

Hinson, Lynn Holland, Allen D. Hull, Rebecca K. Ingram, J. Charles Iseman, Benjamin Isenhart, Heidi Jewell, Shawn Johnson, Jr., Stanley E. Jones, Barbara Fancher Jones, Glaucia Joyce, John M. Kavanaugh, Daniel Kest, Kristopher Kest, Michael Khanal, Robindra Killer, C. Christopher Knapp, David C. Kramer, Robyn Kwong, Annie P. Lebron, Michele Leigh, Richard Leitner, Scott London, Brenda L. Long, Michael Lorenz, Kimberly Lynch, Melody Lynch, S. Brendan Magruder III, George B. Manglardi, Michael Marlowe, Michael L. Marx, T’anjuiming A. Mason, J. Cheney Matheny, Jordan McAvoy, Meredith McCormack, Sean P. McFarlin, Wynne E. McGinley, Patrick www.orangecountybar.org

McKinley, Katherine Meehle, Suzanne D. Middleton, Jodi Milbrath, Stephen Mitchell, Shene Moore, Joshua D. Morgeson, Jr., D. John Moskowitz, Deborah L. Mount, Bruce Murphy, J. Scott Nebel, Michael E. Nisbett, Janice Ohye, Minoru Owens, Gayle A. Page, Gregg A. Pandya, Sushrut Partlow, Jeffrey Paul, David A. Paul, Jason Phillips, Teresa Piccolo, Michael Plummer, Elizabeth Raub, Gregory Reas, Wanda M. Revels, III, Claude D. Rhodes Cinami, Sonica J. Rivera, Seth N. Robinson, Laura P. Rodriguez, Diego W. Rolle, Craig Ruffier, William E. Rumph, Debi Sackman, III, David W. SanGermain, Lyzette Sanks, Terry M. Sauer, Samantha Schuttauf, Erich

Shimel, Chad Sirolly, Jeffrey Sivick, Krista Skaggs, Brooke Smith, Mimi L. Stanley, Angela J. Stucker, Susan Tangel-Rodriguez, Ana E. Thacker, Austin Thomas, Jessica D. Torres, Stephanie Trick, Heather M. Trimble, Tamara Tukdarian, Thomas H. Urrichio, Robin Vancol, Leigh Anne Van Valkenburgh, Mark Vazquez, Ramon Wallace, Philip Walsh, Michael R. Webber, II, Richard B. Wert, Thomas Wesighan, Frank C. Whynot, Sancha Wiederhold, Jessylin Wilkins, Jr., Robert Williams, Lavon B. Wimberly, Jennifer Winchester, Jenna Wood, David S. Young, Jr., William B. Zehnder, Thomas Zeniewicz, Paul Zielinski, John Zogg, Mary

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www.orangecountybar.org

theBriefs June 2021 Vol. 89 No. 5

Thank you to our sponsors and community partners!

OCBA Law Day 5K April 24, 2021 Harbor Park at Lake Baldwin

Gold Cole, Scott & Kissane, P.A. Silver Florida Mediation and Arbitration Shannin Law Firm, P.A. Taitt Law, P.A. Veritext Bronze The LaRue Law Firm, PLLC Water Table ShuffieldLowman Signage Color Reflections Dynamic Digital Imaging

Congratulations to the race winners!

Men’s Overall 1st Place – Antonio Gomez 2nd Place – Jaelin Funk 3rd Place – Steven Lazar Women’s Overall 1st Place - Jessica Marlier 2nd Place – Amy Ertel 3rd Place – Erica Weitz

Largest Teams 1st – Robe Warriors 2nd – ShuffieldLowman – CoreFit 3rd – PD9 Overall Virtual Winner Mary Rychlik PHOTOS: RJRjr Photography

theBriefs June 2021 Vol. 89 No. 5

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www.orangecountybar.org

theBriefs June 2021 Vol. 89 No. 5

OCBA Past Presidents Dinner April 29, 2021 University Club

Sponsored by Axiom Bank

theBriefs June 2021 Vol. 89 No. 5

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www.orangecountybar.org

theBriefs June 2021 Vol. 89 No. 5

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theBriefs June 2021 Vol. 89 No. 5

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theBriefs June 2021 Vol. 89 No. 5

Voluntary BarNews SideBar

I

t is summertime and while school is out, our voluntary bar associations are still hard at work to ensure that summer brings nothing but the best to their members as well as those in the community.

against hate crimes, xenophobia, and racism. The panel consisted of Manjusha P. Kulkarni, co-founder of Stop Asian American Pacific Islander Hate; Karen King, co-executive editor of A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions; Susana Mapu, FBI special agent; and assistant U.S. attorney Ashley Washington.

The Greater Orlando Asian American Bar Association

The Central Florida Association for Women Lawyers

On April 14, 2021, the Greater Orlando Asian American Bar Association (GOAABA) rang in the Alena V. Baker, Esq. new year in honor of countries that observe the Buddhist calendar. One of the many traditional festivals in Southeast Asia is the Water Festival which is also known as: Bunpimay (Laos); Songkran Water Festival (Thailand); Chol Chnam Thmay Water Festival (Cambodia); and Thingyan Festival (Myanmar). Usually observed during the hottest months of the year, water perfumed with natural perfumes or flowers is used to wash homes and Buddha images (or you can respectfully soak elders, monks, and friends).

Then on April 22, 2021, GOAABA collaborated with its fellow sponsors: the Asian American Journalism Association, the Orange County Asian Committee, the Asian American Chinese Chamber of Commerce, the National Association of Asian American Professionals and AsiaTrend to put on the “See Something, Say Something” Harassment and Bystander Training presented by the Wah Lum Kung Fu Temple. This program provided education

In continuing with the theme of creating your own story, the Central Florida Association for Women Lawyers (CFAWL) was busy this past spring helping their members as well as other organizations create their own stories. CFAWL helped their members by continuing to highlight its members via its “Member Spotlight’ program. CFAWL also supported local bar associations through participation in events such as the OCBA Law Day 5K, The Florida Bar Young Lawyers Division Health and Wellness Olympics, and GOAABA’s virtual panel combatting hate, racism, and xenophobia.

In addition, CFAWL awarded its 10th Annual Bar Study Scholarship to Melissa Ashlee Bryan. Through her academic achievements, contributions to the community, and her personal story, Ms. Bryan demonstrated that she exemplifies the mission of CFAWL, which is to promote equal rights, advocacy, and the advancement and recognition of its members. The goal of the Bar Study Scholarship is to help support a deserving law student while studying for the bar exam. The scholarship is made possible by contributions from our members, friends of CFAWL, as well as fundraising efforts.

In late April, CFAWL teamed up with Alley Kat Adventures, a woman-owned event company, to host a virtual scavenger hunt via Zoom. Participants had a hilarious time searching for items around their homes while raising funds to benefit Conservation Florida, a local non-profit environmental organization. Then in May, CFAWL hosted a side-splitting virtual comedy hour with comedian Jessica Michelle, who has performed for live audiences all over the world. Also in May, CFAWL hosted a virtual tea party in honor of Mother’s Day. Finally in June, CFAWL hosted a luncheon featuring State Representative Anna Eskamani. Members heard Anna’s story of how she became a legislator and how she works to promote equal rights for all people.

Top row: Sheriff John Mina, Onchantho Am, Sergeant Helen Harvey Middle row: Deputy Jose Vasquez, Jason Sanford, Sifu Mimi Chan Bottom row: Ricardo Flores, Vi Ma

theBriefs June 2021 Vol. 89 No. 5

www.orangecountybar.org

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA. PAGE 21

ParalegalPost “Just a Paralegal”

A

n attorney once said to me, “No offense, but you are just a paralegal.” Unfortunately, that attorney did not consider what we, as paralegals, do, or how we do it. So, let me tell you a little about what it’s like, from my point of view, to be “just a paralegal.”

A woman walks into our office.

Her children have been taken to some unknown location by April Phillips, FRP someone they know – their father. She hasn’t seen them for weeks and now the husband has left the state with them. The police can’t help her because it is her husband that has the children hidden from her, and “it’s a civil matter.” Her husband only wants to hurt her because of his own anger and resentment. So, I start drafting an emergency motion and child pick-up order and prepping my attorney for an emergency hearing, all while trying to keep a scared mother calm – and all while chaos is beginning to unfold in ten other cases. I wasn’t “just a paralegal” to that mom.

A child tries to take his own life because his mother is heavily involving him in her divorce, trying to make the child choose sides, and he can no longer take the pain that comes with his family being torn apart. His father sits by his son’s hospital bed and prays that he will live to see another day, that he won’t be burying his child at only 15 years old. I wasn’t “just a paralegal” to that dad.

I am sitting in the conference room with the couple whose marriage is over, preparing to sign and notarize settlement agreements after an all-day mediation. The agreements will divide their property, and their children, and their lives, and will ultimately end their marriage. I watch as they cry together out of regret for things left unsaid, sadness for opportunities not taken. They cry for their kids who will be forever changed by this decision they have had to make. But they choose to be sad with each other instead of mad at each other. Being present to provide a gentle touch, words of encouragement, and a listening ear as they face the grief of losing their love for each other and trying to figure out how to keep things “normal” for their children. I wasn’t “just a paralegal” to that family.

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Watching an abused mom go from fear and complete uncertainty, to witnessing her blossom into an independent, educated, FEARLESS woman, and a more confident parent after months of a heavily litigated case finally comes to an end. She now knows that she and her children will be safe again. I am forever part of her life.

Motions, notices, orders, hearings, trials, mediations, hand holding, talking for hours, listening for hours more, and EDUCATION, EDUCATION, EDUCATION. I have been in the family law world for over 20 years now in both court-appointed guardianship and as a Florida registered family law trial paralegal. I am passionate about what I do and feel fortunate to do what I love. I am grateful that I have the compassion to be there for these complete strangers who count on me to hear them, guide them, and help them figure out what their, now changed, life will look like moving forward.

So, to my fellow paralegals, I know what it takes to do this job and know that some days will be better than others. Some days you will want to quit or wonder why you’re doing this job at all. Some days you may question your abilities, and some days, maybe even your sanity! This profession is not easy. We assess the situation and have the ability to pick up on the things that clients don’t even know is important, all while providing these clients with the utmost level of care and compassion.

Please know that what you do is important. You are valued, even when the client, or maybe even your attorney, doesn’t tell you just how valuable you are. What you do is not measured by a single case or a single client. You will have amazing days and not so great ones. This profession is an ongoing journey. We teach, we learn, and in the process, we get the chance to make a difference in the lives of those who trust us enough to help them navigate some of the hardest events they will ever go through in life. I, for one, am so grateful to be a part of each of their lives. So, when the going gets tough, always remember that you are more than just a paralegal.

April Phillips, FRP, is president-elect of the OCBA Paralegal Section. She has been a member since 2013.

www.orangecountybar.org

theBriefs June 2021 Vol. 89 No. 5

Young Lawyers SectionNews YLS on the Move

W

e hope everyone had a blast at the OCBA Gala on May 22 at the Rosen Shingle Creek! It was an amazing time and was so great to see so many smiling faces in-person (socially distanced, of course).

In addition to dealing cards and rolling dice, the OCBA and YLS Boards were sworn in for the upcoming 20212022 year.

Kimberlee A. Martin, Esq. What does that mean for you? Well, Michael Barber has officially taken over the YLS reins as President! Serving alongside him is Brandon Sapp as the Immediate Past President and Stephanie Alcalde as President-Elect. We also have Brian Lawrence as Treasurer, Kimberlee Martin as Secretary, and Linnea Eberhart as Communication Coordinator.

The YLS Board of Directors consists of Kathleen Shea, Vaughn Glinton, Lauren Reynolds, Jacob Schumer, Kristen Trucco, Celia Thacker Michael Barber Dorn, Heather Meglino, and Arti Hirani.

YLS President We do have a few YLS Board of Director seats up for grabs so check your email and visit the OCBA’s websites for details on how

you can be nominated for an appointment!

We also want to give a big THANK YOU for Diving into a Good Book with us at the YLS’ Third Annual Book Fair held on May 20, 2021. Due to all the monetary donations and firm book collections, we were able to bring books galore to two schools this year: Washington Shores Elementary and Orange Center Elementary. From the bottom of our hearts, we thank all of our sponsors and donors. Without you, we would not have been able to gift these deserving students with tons of summer reading (i.e., fun) this year.

We are excited to be entering the summer months as we get to do more and more in-person events with you.

We have missed you so much! If you have any ideas for events or topics you’d like to learn about, please do not hesitate to let your YLS Board know!

As always, make sure to keep up to date on the latest and greatest from YLS by finding us on Facebook, Twitter, and Instagram. Our handle is @ocbayls. And make sure to use #ocbayls, #wedomore, and #aboveandbeyond when posting about events so we can share in the fun with all of you!

Kimberlee A. Martin, Esq., of Cohen Law Group, handles civil litigation matters, primarily in the area of plaintiff’s first property claims. She has been a member of the OCBA since 2013 and YLS Board Member since 2019.

First Washington Shores Bookfair

theBriefs June 2021 Vol. 89 No. 5

www.orangecountybar.org

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Member Benefit!

Remote Online Notarization The OCBA offers members a remote notarization service (small administrative fee applies). OCBA staff will guide you through the process and manage the identity verification and video conference components of each transaction, as well as a record-keeping as legally required.

Learn more at https://bit.ly/2K49ACD

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theBriefs June 2021 Vol. 89 No. 5

OCBA MemberNews Hearsay

Michael V. Andriano, Esq.

For both men and women the first step in getting power is to become visible to others, and then to put on an impressive show…

As women achieve power, the barriers will fall. As society sees what women can do, as women see what women can do, there will be more women out there doing things, and we’ll all be better off for it.

– Supreme Court Justice Sandra Day O’Connor

O

ur justice system is richer for the diversity of background and experiences of its participants. It is only made poorer when nearly all are cut from the same cloth. Indeed, being with and working with people who are different from us engenders creativity, diligence, and hard work. We have heard the term “diversity” for quite some time now and its prescription to win the game by assembling teams with different races, genders, sexual orientations, disabilities, etc. However, negative connotations often shadow diversity because some perceive the term as hollow, attempting to ultimately erase the outcome it seeks to achieve. Forgotten though, diversity and the term “inclusion” must go hand-in-hand because inclusion enhances diversity by bringing people who were already on the team into the game. Specifically, the hard working, persevering, and barrier-breaking women who shattered glass ceilings to get on the team then the playing field and ultimately bettering our justice system.

That being said, here’s the latest from four trailblazing women in Orange County’s legal community who have shown us what women can do.

Honors and Awards Carrie Ann Wozniak, Esq., Litigation Partner at Akerman LLP., was appointed to the Fifth District Court of Appeal by Governor Ron DeSantis. She fills the judicial vacancy created by the retirement of the Honorable Richard Orfinger.

The Honorable Alice Blackwell, Ninth Judicial Circuit Court Judge, was presented with the Thomas V. Behan Collaborative Excellence Award for her efforts to guide families to achieve peaceful resolution of their disputes through collaboration, rather than litigation.

Cathleen M. Winter, Esq., of Rebecca L. Palmer Law Group, was appointed to the Greater Orlando Asian American Bar Association’s (“GOAABA”) Board of Directors for the 2020-2021 term.

Vanessa J. Skinner, Esq., a shareholder with the law firm of Winderweedle, Haines, Ward & Woodman, P.A., was recently appointed to the Florida Executive Women’s (“FEW”) Board of Trustees.

On the Move Paul T. Hinkley, Esq., has joined the ShuffieldLowman Orlando office as Of Counsel.

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

New M embe rs Regular and Government

Law Student

Lizet DOMINGUE Glenn KLAUSMAN Bree N. LAWRENSON Ginger A. MIRAND Majeedah MURAD Carita H. SKINNER Robert William STEWART Michael J. STEWART

Robert A. NYGREN

Law Student Maria GARCIA

Go to: www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!

Affiliate

407-422-4551, ext. 245

Shannon N. MATA Giomayra WALKER

theBriefs June 2021 Vol. 89 No. 5

Invite your colleagues to join the OCBA today!

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Submit resume to ofcmngr98@ gmail.com.

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Ideal candidate will be able to handle a variety of civil litigation matters from inception through trial. Excellent writing and communications skills necessary. Salary and bonus potential based on experience.

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DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and to use your research and writing skills to prepare for trial and to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your PAGE 26

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Attorney (Remote): De BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS, NEAL LLP D/B/A DSK LAW ESTABLISHED IN 1976 is one of the largest law firms in Central Florida with the office in Orlando, Tampa, Melbourne and Tallahassee and growing. We have an immediate opening for an experienced attorney to service Legal Service Plans administered in its Orlando office.

The qualifications are that you must have 5+ years of experience in civil or criminal matters, transactional, document experience and being bilingual a plus. Exceptional customer service skills required for primarily telephone consultations, detail-oriented with planning and organizational skills, and ability to work independently.

We offer a very competitive salary and benefit package and a positive workplace culture.

Send your resume today! We are a smoke-free workplace. jellis@dsklawgroup.com.

DOWNTOWN ORLANDO LAW FIRM (17 years) is seeking and attorney with 5+ years of Litigation experience for Plaintiff’s Civil cases. Federal Court experienced is preferred. Courtroom experience required. Option for Full or Part-time schedule. Send resume to: mailto: lawofficeorlando@gmail.com.

DOWNTOWN ORLANDO REAL ESTATE AND BUSINESS LAW FIRM seeking an experienced commercial litigation attorney with a minimum of 5 years experience. Generous and creative compensation package available to the right candidate. Please contact Firm Administrator: Erika Rodriguez erodriguez@orlando-law.com.

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS

SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load.

Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes.com.

HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial.

Excellent salary and benefits package. Pls email resume to jean@hrkmlaw.com.

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

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

SMALL, ACTIVE ORLANDO TRIAL FIRM seeks ambitious, self-motivated attorneys with litigation experience. Superior research and writing skills re-

www.orangecountybar.org

quired. Reply: lawfirmreplies@ aol.com.

THE OFFICE OF GENERAL COUNSEL OF FLORIDA VIRTUAL SCHOOL is seeking a Legal Support Specialist. The Legal Support Specialist provides direct clerical support to the General Counsel and plays a significant role in ensuring the delivery of high-quality and timely legal services from OGC to the Board of Trustees (“Board”) and FLVS officials and personnel. FLVS offers competitive compensation and benefits packages. For more details, click https://flvs.wd1.myworkdayjobs.com/FLVS_Jobs/job/ FL—VLC/Legal-Support-Specialist_R45 SUPERVISING SENIOR TRIAL COURT STAFF ATTORNEY – Ninth Circuit Court. For details and application, visit: http:// bit.ly/SupervisingSeniorTrialCourtStaffAttorney.

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

VERY SMALL BUSY ORLANDO CIVIL TRIAL FIRM LOOKING FOR ATTORNEYS with 5+ years experience to assist with commercial litigation and document-intensive business-related cases. Will consider fulltime position or contract basis.

All interviews will be kept confidential. Reply to lawfirmreplies@aol.com.

OFFICE SPACE DOWNTOWN ORLANDO – 228 HILLCREST STREET – office space perfect for solo attorney and staff. Three offices, reception area, shared use of a conference room. $1,600 per month, utilities included. Fantastic location, a short walk to the courthouse. Call Claudia 407-841-7699. theBriefs June 2021 Vol. 89 No. 5

FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of parking. 515 N. Ferncreek Jim Sears 407-222-1554 jsearslaw@gmail.com.

OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 6449801 or email b r u c e w @ mdwpa.com.

OFFICE SPACE FOR RENT PLUS SPACE FOR AN ASSISTANT $800/month. Located at 710 Vassar Street, Orlando, FL 32804 robert@buonauro.com.

SINGLE OFFICE SPACE IN DOWNTOWN ORLANDO: Hovey Court, $550/month

includes parking, conference room, and kitchen. Call 407.228.9522 or email andrea@ maguire-eminentdomain.com.

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

OFFICE SUITES FOR LEASE. 401 W Fairbanks Ave, Winter Park. Includes Reception & tele, internet, WiFi, copier/ scanner/fax, on-site parking, two conference rooms, and all the amenities for a turnkey office. #1unfurnished executive office $1,000 per month. #2 unfurnished executive office and secretarial suite $1,500 per month. Call Chris 407 579 1424 or email cmorrison@ winterparklegal.com.

Grow your practice and serve the community!

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

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

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

The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice.

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Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee | Clio.com/OCBA DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

Milestone | Reporting Company – A full-service court reporting firm that can provide court reporters and legal videographers for all of your deposition needs. Milestone is the premier provider of Orlando court reporters and Tampa court reporters. Whether you need a realtime stenographer or a digital court reporter, we will provide a unique solution for your deposition, transcription, and legal video deposition needs. Schedule Our Services Today! | Evelyn@ milestonereporting.com 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-423-9900 •Professional Services• Seacoast Bank – Your Florida community bank • Johanna Proctor • 250 N Orange Ave, Orlando, FL 32801 • 407-916-9804 | Johanna Proctor@ seacoastbank.com Florida Lawyers Mutual Insurance Company – Created by The Florida Bar, Florida Lawyers Mutual provides high-quality professional liability insurance to help protect Florida lawyers and their clients, while providing personal service that no one can match. • 800-633-6458 BoardroomPR – An Integrated Florida Law Firm Marketing & Communications Agency serving statewide full-service law firms, top specialized boutiques and one- and two-lawyer firms since 1989. | Michelle Griffith • 37 N. Orange Avenue, Suite 500, Orlando FL 32801 • 407-973-8555 • mgriffith@boardroompr.com As an OCBA member, you can start saving today with NPP! Enroll your company for FREE and unlock discounts for your business and employees. It’s important to login, register and then select the offers you’d liketo receive. Then you get the offers YOU want. Enroll today!

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. DentalPlans / 1-800-Flowers.com / ADP / American Express / Batteries Plus Bulbs / Cheryls Cookies / Harry & David / Hotelogical / HP / Office Depot / Omaha Steaks / PetFirst Pet Insurance / Priceline / Sherwin-Williams / Simply Chocolate / Skechers Direct / Staples Business / Verizon Wireless.... Visit mynpp.com for details.

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.

theBriefs June 2021 Vol. 89 No. 5

www.orangecountybar.org

PAGE 27

O C B A JUNEC a- JULYl e n d a r JUNE

1

Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual LAS Lunchtime Training

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

Business Committee Seminar

Crypto Currency: How Can You Use it in Your Business Cases?

12:00 p.m. – 1:00 p.m.

Virtual

2

Social Security Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

JULY

GAL “Dynamic Defense: Advocating for Youth with Developmental Disabilities” Prerecorded • LAS website

8

LAS Lunchtime 15 Training

Appellate Law 16 Committee Meeting

12:00 p.m. – 1:00 p.m.

Lowndes Law

Paralegal Section

Tips/Tricks for Paralegals

12:00 p.m. – 1:00 p.m.

Virtual

Estate, Guardianship 8 Family Law Seminar & Trust Committee 18

Meet the Honorable Meeting 12:00 p.m.

ShuffieldLowman

Lawyers Literary 9 Society

12:00 p.m. – 1:00 p.m.

Book: Educated,

Tara Westover Virtual

Law 1 0 Criminal Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

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

Virtual

Keith F. White 12:00 p.m. – 1:00 p.m.

Virtual

Sponsored by Soberlink

YLS Luncheon

12:00 p.m. – 1:00 p.m.

Citrus Club

Health & Wellness 23 Committee Meeting

5 7

OCBA Office Closed Independence Day

Member Perks

Speaker TBD 8:00 a.m. – 9:00 a.m.

Criminal Law Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

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

Virtual

Estate, Guardianship 13 & Trust Committee

OCBA Luncheon 22

Speaker: TBD

11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando (TBD)

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

Lowndes Law

LAS Lunchtime 27 Training

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

Meeting 12:00 p.m. – 1:00 p.m.

ShuffieldLowman

LAS Lunchtime Health & Wellness Training Committee Meeting

2021 Legislative & Case 12:00 p.m. – 1:00 p.m.

Law Update Virtual Prerecorded • LAS website

23

Judicial Relations 14 Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

12:00 p.m. – 1:00 p.m.

Virtual

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

Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr Juna Pulayya • Lorna Truett • Andrew Windle Hon. Tesha Ballou • Susan Staggs • Mark O’Mara PAGE 28

www.orangecountybar.org

theBriefs June 2021 Vol. 89 No. 5

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