Orange County Bar Association - The Briefs - March 2011

A Publication of the Orange County

Penelope Perez-Kelly 2011 Lawrence G. Mathews, Jr. Young Lawyers Professionalism Award Recipient

March 2011 Vol. 79 No. 3

Bar Association

The Honorable John Marshall Kest 2011 James G. Glazebrook Memorial Bar Service Award Recipient

Patrick M. Magill William B. Trickel, Jr. Professionalism Award Recipient

FINANCIALCONFIDENCESHOWS

“I spend my time working on my cases, not my banking.”

If you’re taking too much time away from your practice to manage your banking, contact an M&I Banker.

Preferred Banking Institution and Proud Sponsor of the Orange County Bar Association

Regardless of the size of your practice, your dedicated M&I Banker will help you make knowledgeable financial decisions about cash flow, remote deposit capture, business checking and more. We can also help you manage your personal finances, too.

Contact us today.

Personal | Business & Commercial | Wealth Management Member FDIC Products and services subject to bank/credit approval. ©2010 Marshall & Ilsley Corporation 10-301-068

Revision # 1

Size Flat: 7.5 x 10

Folded: NA

Inks 4 color

Christopher Dale Preferred Banker 407-513-9590 Orlando

Tom Bacchus Commercial Banker 407-648-2141 Orlando

Great Clients Choose Great Law Firms; Great Law Firms Choose Each Other.

Upchurch Watson White and Max specializes in settling disputes - anywhere.

For over 20 years, the principals and panelists at our firm, have successfully guided clients and attorneys through the field of conflict resolution.

Our experienced mediators will help you and your clients find the road to common ground.

Resolution

URCH WATSO CH N P U

WH

URCH WATSO CH N P U

Specialists

WH

ITE & M AX

RCH WA

ITE & M AX

URCH WATSO CH N P U

U TSO CH N uww-adr.com UP

Daytona Beach, FL • Maitland / Orlando, FL • Miami, FL • Birmingham, AL WH

theBriefs March 2011 Vol. 79 No. 3

ITE & M AX

www.orangecountybar.org

WH

ITE & M AX PAGE 1

the Briefs

Table of Contents: President’s Message Professionalism and Independence at Work in Bush v. Gore Frank M. Bedell

©2011

Co-Editors Vivian P. Cocotas & Sarah P. L. Reiner

3

Associate Editors Allison C. McMillen & Suzanne D. Meehle

5

OCBA March Luncheon Professionalism Awards Leon H. Handley Robert T. Magill

Side Bar Columnist Sunny Lim Hillary YLS Columnist Jacquelynne J. Regan w

6 9

Past Professionalism Award Recipients Legal Aid Society News What We Do... Help Wanted Donna A. Haynes

OFFICERS Frank M. Bedell, President Thomas A. Zehnder, President-Elect Kristyne E. Kennedy, Treasurer Paul J. Scheck, Secretary

12

Elder Law Committee Parents of Adult Disabled Children Face Unique Estate Planning Challenges Vanessa J. Skinner

w EXECUTIVE COUNCIL Wiley S. Boston Mary Ann Etzler Meenakshi A. Hirani Elizabeth F. McCausland Nichole M. Mooney Gary S. Salzman Nicholas A. Shannin William D. Umansky William C. Vose Kimberly D. Webb Esther M. Whitehead Diego “Woody” Rodriguez, Ex Officio Eric C. Reed, YLS President

14

Navigating the Metadata Minefield Adam C. Losey

16

The Novartis Decision and Its Effect on Employers of Sales Representatives Sally R. Culley

21

YLS on the Move Jacquelynne Regan

22

Paralegal Post Looking Ahead: 2011 and Beyond Lissa Bealke and Amy Guy SideBar Sunny L. Hillary Rainmaking Create Your Own Micro-Climate to Make it Rain Mark Powers and Shawn McNalis Presentation Skills for Lawyers The Power of Your Eyes Elliott Wilcox

w

25

EXECUTIVE DIRECTOR Brant S. Bittner w

27

Communications Manager Peggy Storch

28

Marketing Assistant William M. Remensnyder

Marketing Manager Mente Piccoli

31 32 25 36

Announcements New Members Classifieds Calendar

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

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

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 ©2011 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hebert Cover Photo: Derek Smith, Sunshine Photographics

ISSN 1947-3968

PAGE 2

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

President’s

Message March 2011

Professionalism and Independence at Work in Bush v. Gore

E

arlier this year the Trial Lawyers Section of The Florida Bar held its inaugural Summit at ChampionsGate outside of Orlando. The featured speaker was Jeffrey Toobin, who enjoys an exciting career as a legal affairs analyst for CNN, a staff writer for The New Yorker, and the author of best-selling books such as The Nine and Too Close To Call.1 While listening to Toobin confess to being “the world’s biggest Bush v. Gore junkie” and opine that the Supreme Court had lurched to the left on some important cases in the years following the 5-4 Bush v. Gore decision, I thought about the connections that a number of us have with some of the major figures in the historically significant events that took place in courtrooms all over Florida. I also thought about two of the most distinctive and enduring qualities of our profession and the role those qualities play in the successful operation of the judicial system and our nation. I am talking about professionalism and independence.

Whether you refer to it as professionalism or courtesy, the traditional quality of professionalism is essential to the legal profession; the same can be said for independence. The professionalism of our judiciary, and the respect they garner as a result of it, was on clear display ten years ago. The Chief Justice of the Florida Supreme Court during Bush v. Gore was long-time OCBA member and former OCBA president, Charley Wells, who has now come back home to continue his practice of law. Although a number of us might have been somewhat disappointed (given the Florida State vs. Florida game taking place in Tallahassee) that during the proceedings he did not wear the orange and blue robe the OCBA gave him upon being named to the court, in hindsight we can all agree that Chief Justice Wells made the right decision with regard to maintaining the decorum of the courtroom. While I am mainly joking about the orange and blue robe, I’m sure that folks will agree that Chief Justice Wells acquitted himself well during those stressful times. And I am also sure that the conduct of the court, and its obvious respect for the litigants and legal practitioners before it, strengthened the faith of all those watching in the objectivity of our judicial system and the diligence and integrity with which they applied law to facts.

Major Harding was also then on the Florida Supreme Court, and happens to live next door to my mother, whom I was visiting during some of the Bush v. Gore proceedings. While it was somewhat surreal to watch that distinguished man walk out of his house and head to his office knowing that he was involved in deciding appeals that could determine who would be the next president of the United States, I was mainly struck by the ordinariness of the scene and the graciousness that Judge Harding showed outside the courtroom. Regardless of the stress he might have been under, Justice Harding smiled and waved as he always did.

Current Florida Supreme Court Justice, Jorge Labarga, who spoke at last fall’s OCBA joint luncheon with the Hispanic Bar Association, also has a connection to Bush v. Gore. As it turns Frank M. Bedell out, Justice Labarga was a trial judge in Palm Beach County – home of the “butterfly ballots” – and he now sits on the very court that affirmed many of his rulings. As was evident during his speech, Justice Labarga is another example of a member of our judiciary who consistently displays the respect for others that allows our system to thrive.

The independence of lawyers is another enduring quality of our profession that was also on display throughout the Bush v. Gore proceedings. George W. Bush’s main lawyer was Barry Richard, who has served as The Florida Bar’s outside counsel on litigation of importance, including the advertising rules and constitutional matters. Barry is also a lifelong Democrat who served in the legislature before moving to Tallahassee, where he distinguished himself as an appellate advocate. Apparently, Barry’s political background caused enough consternation among Republican operatives that they chose a Washington, D.C. lawyer to argue the first Bush v. Gore appeal before the Florida Supreme Court despite Barry’s vast experience before that court. Following the initial oral argument, and notwithstanding his political affiliation, the Republican team chose Barry to handle all remaining oral arguments, except for the ultimate appeal to the United States Supreme Court, which was argued by Ted Olson, while David Boies argued on behalf of Al Gore. Barry’s considerable skill, his ability to remain objective and independent in his representation of his client, and the professionalism he consistently displayed in his law practice won him the respect of his colleagues and the opportunity to help make history.

Barry Richard will speak at The Florida Bar Annual Convention this year, where his theme will be the “The Independence of the American Lawyer.” Professional independence allows a member of one political party to represent a presidential candidate from the other party. Barry had represented different political figures for years, and I feel confident he knew that his party affiliation and past history as a candidate would never compromise his ability to provide first-class representation with the highest degree of professionalism. Some non-lawyers might not understand how David Boies and Ted Olson could argue opposing sides in Bush v. Gore in 2000 and then ten years later serve as co-counsel for the plaintiffs in a famous California civil rights case. Those of us in the profession, however, know that it is because they respect each other and respect the rule of law.

Our independence in the practice and on the bench, and the respect we show each other, consistently set us apart as attorneys and judges.

I urge all who are engaged in the practice of law or in any other sort of public endeavor to protect and nurture these enduring qualities in ourselves and in others.

During that trip to Tallahassee, I went to the gym for some exercise and eventually played in a pick-up basketball game with a black-mustached man I recognized from watching the trials on CNN. He was Frank M. Bedell is a shareholder with Winderweedle, Haines, Ward & Judge Terry Lewis, and he presided over numerous cases that made Woodman, P.A. He has been a member of the OCBA since 1987. their way through the system to be tried in Tallahassee. Here was the trial judge I had watched on CNN, playing basketball with whoever 1 The Nine is a book authored by Toobin about the United States Supreme Court, and walked into the gym! Jeffrey Toobin eventually wrote very nice things Too Close to Call focuses on the thirty-six days of litigation that took place all over Florida and culminated with the Supreme Court deciding Bush v. Gore on December about Judge Lewis’ handling of the presidential trials, and those who 12, 2000. attend The Florida Bar’s Annual Convention will recognize Judge Lewis as a stimulating lecturer on professionalism. theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

PAGE 3

PAGE 4

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

OCBA Professionalism Awards Luncheon

March 24, 2011

Sponsored by Marsh U.S. Consumer, a service of Seabury & Smith, Inc.

The Best of the Best: OCBA 2011 Professionalism Award Recipients

E

ach year the Orange County Bar Association formally recognizes three of its members for outstanding professionalism. Each award given bears the name and honors the memory of past members of the bench and bar who exemplified professionalism in their own right: the William B. Trickel, Jr. Professionalism Award (attorneys practicing 15 years or more), the Lawrence G. Mathews, Jr. Young Lawyers Professionalism Award (attorneys practicing less than 15 years), and the James G. Glazebrook Memorial Bar Service Award (member of the judiciary).

Given the extremely high level of professionalism demonstrated daily by all members of the OCBA, choosing the Best of the Best for each award classification is both challenging and enlightening. The OCBA Professionalism Committee solicits, receives, and carefully considers written nominations in each category in order to determine who among the members of the OCBA has shown the way towards achieving and furthering professionalism in our legal community. The Professionalism Committee’s recommendations are then submitted to the OCBA’s Executive Committee for final approval.

The 2011 William B. Trickel, Jr. Professionalism Award recipient is the late Patrick M. Magill, whose outstanding service to the Legal Aid Society and its Guardian Ad Litem Program were legendary. Pat Magill not only cared about those who needed legal assistance, he did all that he could personally and professionally to make sure that it was provided and delivered with compassion and competency.

Pat Magill’s word was his bond, period. If you Patrick M. Magill reached an agreement with him, it was ironclad and undisputed. His service to the legal community also included serving for many years as member and chair of the OCBA Professionalism Committee, writing numerous articles on professionalism, and presenting many seminars dealing with professionalism issues. His warm, kind, and welcoming personality was a gift to all who knew him. In a special, private ceremony Patrick Magill received the 2011 William B. Trickel, Jr. Professionalism Award, which he kept near at hand before passing away this past fall.

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

The 2011 Lawrence G. Mathews, Jr. Young Lawyers Professionalism Award recipient is Penelope B. Perez-Kelly. She graduated from the University of Florida College of Law and became a member of The Florida Bar in 2000. In addition to practicing trademark, copyright, and Penelope B. commercial litigation with the firm of McPerrez-Kelly Clane Partners, she has been very active in various bar activities. She is a member of the Hispanic Bar Association of Central Florida and served as its president in 2007. Penelope led the efforts of the HBACF to bring top-notch speakers to its Pathway to the Bench series, which educated and encouraged its members to seek judicial service opportunities. She has been very successful in gaining financial support among local businesses to assist the HBACF’s pro bono provision of legal assistance and guidance to Hispanic community members. She served on the Executive Committee of The Florida Bar’s International Law Section and is a member of the Central Florida Association for Women Lawyers and the Central Florida Inns of Court. Penelope Perez-Kelly’s willingness to mentor new lawyers is well known and an example to us all.

The 2011 James G. Glazebrook Memorial Bar Service Award recipient is the Honorable John Marshall Kest.

After graduating from Florida State University College of Law, Judge Kest practiced law in Orlando for 31 years with Wooten, Honeywell, Kimbrough, The Honorable Gibson & Daugherty, specializing in complex personal injury and wrongful John Marshall Kest death cases. He received the William B. Trickel, Jr. Professionalism Award in 1997 for his many contributions to professionalism as an attorney, including continued page 6

PAGE 5

March Awards Luncheon continued from page 5

serving as president of the Orange County Bar Association and of the Legal Aid Society, and being recognized on numerous occasions for outstanding pro bono legal service to the community.

Since becoming a Circuit Judge, John Kest’s dedication to professionalism in the legal community and service to the community as a whole have increased unbelievably.

He is an active member of the OCBA’s Professionalism Committee, frequently volunteering to speak at seminars, authoring numerous articles, and encouraging forward-thinking projects in the realm of professionalism. Mentoring young lawyers has always been important to Judge Kest, as evidenced by his service in the Inns of Court, many presentations at Bridge the Gap seminars, and his current project of Brown Bag Lunch Seminars, which provide practical advice to younger lawyers on how to conduct themselves professionally at hearings, depositions, and trials. Judge Kest has served on numerous judicial committees at the

local and state levels, including several that involve judicial education and mentoring of incoming judges. The Central Florida Chapter of the American Board of Trial Advocates recognized Judge John Kest as the Jurist of the Year in 2010. John Kest was a lawyer’s lawyer and the Honorable John M. Kest is known as a judge’s judge.

We thank this year’s Best of the Best in Professionalism for their service and congratulate them and their families for the well-deserved honors. We also offer special thanks to the families of William Trickel, Larry Mathews and Judge James Glazebrook, for whom the awards are named, and to the past recipients of these awards. All members of the bar should follow the examples set by this year’s and past years’ recipients as you resolve to practice law or serve on the bench professionally, courteously and proudly in 2011.

James A. Edwards, chair of the OCBA Professionalism Committee, and partner with Zimmerman, Kiser and Sutcliffe in Orlando.

Luncheon Speakers: Leon H. Handley is an attorney with Rumberger, Kirk & Caldwell, P.A. He has been an OCBA member since 1962.

Leon H. Handley Robert T. Magill is an attorney with Fishback Dominick.

He has been an OCBA member since 2010.

Robert T. Magill

Past Award Recipients William B. Trickel, Jr. Professionalism Award 2010 Leon H. Handley 2009 Mary Anne De Petrillo 2008 Council “Butch” Wooten, Jr. 2007 Kirk N. Kirkconnell 2006 William B. Wilson 2005 Michael P. McMahon 2004 Warren W. Lindsey 2003 Bruce B. Blackwell 2002 Ava K. Doppelt 2001 Hon. Sally D.M. Kest 2000 R. Lee Bennett 1999 Chandler R. Muller 1998 Darryl M. Bloodworth 1997 Hon. John M. Kest 1996 Hon. Gregory A. Presnell 1995 Jules S. Cohen 1994 David B. King Lawrence G. Mathews, Jr. Young Lawyers Professionalism Award 2010 Cara M. Dobrev 2009 Heather Pinder-Rodriguez 2008 Elizabeth F. McCausland 2007 Diego “Woody” Rodriguez 2006 Thomas A. Zehnder 2005 Nicholas A. Shannin 2004 Tad A. Yates James G. Glazebrook Memorial Bar Service Award 2010 The Honorable Lawrence R. Kirkwood 2009 The Honorable Alice Blackwell 2008 The Honorable Emerson R. Thompson, Jr.

PAGE 6

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

JAMIE BILLOTTE MOSES OCBA EXECUTIVE COUNCIL

Legal Aid Society Board of Trustees, President, 2010 – 2011 Legal Aid Society Board of Trustees 2007 – present

The Florida Bar Young Lawyers Division, President, 2005-2006

OCBA Treasurer 2006 – 2007

The Florida Bar Board of Governors 2004 – 2006

OCBA Secretary 2005 – 2006

The Florida Bar Appellate Court Rules Committee 2003 – present (currently Vice Chair)

OCBA Gala Chair 2004 OCBA Foundation Board 2006 - 2007

Florida Supreme Court Historical Society Board of Trustees 2008 – present

OCBA Judicial Relations Committee, Secretary, 2010 – 2011

Florida Bar Foundation Fellow 2004 – present

OCBA Appellate Practice Committee, Founding Chair, 2007

The Florida Bar YLD Most Productive Board Member – 2003

OCBA Young Lawyers Section, President, 2001 – 2002 CFAWL Executive Council 2006 -2007, 2008 - 2009 Ninth Judicial Circuit Grievance Committee 2006 – 2009, Chair 2009 OCBA Outstanding Substantive Law Committee Chair 2007 – 2008 LAS New Attorney Award of Excellence 2001 OCBA YLS Outstanding Board Member 1997

I’m here to help. w w

Trial Support Appeals and Writs

www.twylaw.com

(407) 219-4745

Licensed in Florida, Kansas, and New Mexico Thomas Wade Young, P.L. w Orlando

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

PAGE 7

PAGE 8

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

Legal Aid Society

News

What We Do... Help Wanted

Donna A. Haynes

I

n 2010, Legal Aid received a total of 20,538 requests for assistance, but disappearing funding is impacting Legal Aid’s ability to continue providing the level of legal services it does today. To accommodate requests for assistance as quickly as possible, we continue to take applications at the main office, five outreach sites throughout Orange County, homeless shelters, feeding sites and other local social service agencies. We also continue to provide community education. This year, for the first time, we partnered with the Orange County Library System to host a series of seminars on family law issues with an emphasis on decreasing family violence and elder abuse. All told, in 2010, we conducted thirty-eight educational events and reached 1,323 individuals.

During the past year, Legal Aid staff served clients struggling with a variety of legal issues, the majority of which resulted from the economic changes taking place in our community. Legal Aid helped tenants in foreclosed, single-family homes in need of representation in order to prevent wrongful eviction; and homeowners in foreclosure in need of information and counsel in order to try to save their home. Legal Aid attorneys assisted individuals who were wrongfully denied their unemployment compensation benefits and were in need of representation in order to maintain an income. Legal Aid also assisted single parents who qualified for the head-of-household tax exemption and those who needed help in order to reclaim wages wrongfully being garnished. Legal Aid saw grandchildren being raised by grandparents in need of court orders for custody in order to get medical assistance for their grandchildren; domestic violence survivors in need of custody and timesharing arrangements in order to provide children with a sense of normalcy.

Legal Aid is doing more with less, but we still need your help.

Legal Aid often uses the slogan, “When all other doors are closed...ours is open.” Soon, we may not be able to say this.

Each year, Legal Aid faces deeper cuts in federal, state, county and foundation grant funds than the year before. The reality is that Legal Aid’s doors will remain open, but they will be open to fewer and fewer clients. Lack of funds will eventually force the elimination of positions held by Legal Aid attorneys and support staff, resulting in our inability to provide services to a significant segment of our community. We may have to cut a GAL courtroom attorney, and those of you have served as a GAL understand the critical value of those attorneys.

The Florida Bar Foundation, our main funding source, has advised that over the next two years Legal Aid’s funding will be drastically reduced. Jane E. Curran, Executive Director of the Foundation, noted that the Foundation’s revenue had fallen eighty-eight percent since 2008. Although the Foundation planned for hard times, and set aside reserves to last for four years, Ms. Curran noted that even though they almost made it, they “didn’t anticipate what the recession [would do] to interest rates.” Falling interest rates have a devastating impact on programs, such as Legal Aid, whose grant monies come from the interest earned on investments. Until interest rates go up, Ms. Curran stated, “It is going to be tough.”

The anticipated cuts could cost Legal Aid more than one staff attorney. On average, a Legal Aid staff attorney handles more than 1,000 clients. Think about what that means to our community!

Children without child support may not have food, housing and stability. An elderly person, maybe someone you know, may have the lights or heat turned off by an unscrupulous landlord. More people will be homeless.

But this doesn’t have to happen. You can help prevent this potential loss of services. Please partner with us by making a financial investment in the ongoing work of the Legal Aid Society. Help support the day-to-day operations of our programs.

The Legal Aid Society was established nearly 50 years ago by leaders of the Orange County Bar Association, and its continuing success over the years can be directly attributed to the support it receives from members of the OCBA. Please be vigilant in continuing the vision of those founders by ensuring the poor in our community have access to legal assistance each and every day. To make a donation please visit our website at www. legalaidocba.org, and go to the contribution tab on the lower left corner. To help with fundraising, or for more information about Legal Aid, please contact Donna (Graf ) Haynes at 407-841-8310, ext. 3150, or dhaynes@ legalaidocba.org.

Together, we can make a difference.

Donna A. Haynes is Manager of Development for the Legal Aid Society. She has been an OCBA member since 2008.

TheLiberty Bell Award Nominees Sought

The Orange County Bar Association invites you to submit your nomination today for a person or organization in our community that best demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens. The honoree will be awarded the Liberty Bell award at a ceremony held during the OCBA Law Week Luncheon on April 21, 2011. As you make your nomination, please consider those whose work meets the following criteria: • Promoted a better understanding of the rule of law • Stimulated a sense of civic responsibility

• Encouraged a greater respect for law and the courts • Contributed to good government within the community

Please submit a one-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Submission deadline: April 1, 2011. Please mail your nomination to Christine Stram, Broad and Cassel, 390 N. Orange Ave., Ste. 1400, Orlando, FL 32801. For further information, contact Christine at 407-839-4200, or cstram@broadandcassel.com.

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

PAGE 9

DEX imaging is one of the leading providers of office equipment in the United States. We sell, lease & service printers, copiers, fax units, mulitfunctional systems, large format devices, and a full line of data scanning & digital archiving solutions.

Here are just a few of the reasons why so many law practices partner with DEX imaging:

• Award-Winning Product Offerings • World-Class Technical Support • Flexible Financing • Customized Service Contracts • Reduced Costs for Service & Supplies • Four Hour Service Response • National Network of Service Locations

Document Imaging Solutions DEX sells & services only the world’s best in imaging technology. The company’s founders have spent 40 years building relationships with manufacturers whose biggest priority is R&D, so our clients are guaranteed the very best!

Document Management Solutions Paper filing & data archiving has become a serious issue for the legal industry. INDEX Datafiles is our document management solution that converts paper documents to digital files, enabling you to manage all paperwork electronically.

Managed Print Solutions

90% of law practices have unmanaged and uncontrolled document-related costs compromising their bottom line.

PrintCounts seamlessly collects the data on your network to identify inefficiencies, helping you to better manage your workflow processes and reduce operating expenses.

Cindy Molnar: 407.294.4116 ext.1205; cmolnar@deximaging.com www.deximaging.com | 4126 John Young Parkway, Orlando, FL 32804

PAGE 10

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

BANKRUPTCY • Ch 7, 13 & 11 FORECLOSURE DEFENSE

New Member Benefits!

BROWN, VAN HORN, P.A.

Lauren M. Freeman, Esq.

Attorney At Law Loan M odifications • Family Law • W e Sue Abusive Debt Collectors • Probate • Litigation • Credit Restoration 501 N. Magnolia Avenue, Suite10, Orlando, Florida 32801 24 Hour Hotline (407) 545-7515 www.BrownVanHorn.com FREE INITIAL CONSULTATION

2011 Online Membership Directory!

◆

The hiring of a lawyer is an important decision that should not be based solely upon advertisement. Before you decide, ask us to send you free written information about our qualifications and experience.

2011 Lawyer-to-Lawyer Specialty Index

◆ The Briefs online!

◆

Go to Member Login at www.orangecountybar.org Karen Fast, Membership Manager, karenf@ocbanet.org 407-422-4551 Ext. 225

Our recipe for success: being one step ahead.

Only with Boehm & Boehm - Central Florida’s comprehensive Litigation Support Solutions provider. Located here in Orlando with worldwide work experience, we assist you with everything from day-to-day to strategic operations. We’re proud to be the OCBA’s exclusive audio & video service provider.

Legal video (incl. video editing), photography, media transfers (e.g. video-DVD), duplications, presentation services, trial consulting and presentation, equipment rentals, audiovisual support and more - with free pickup and delivery, 24/7.

Learn more at www.boehmboehm.com or call (407) 405-8483

&boehm boehm Forensic Media Consulting

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

PAGE 11

Elder Law

Committee

T

­­Parents of Adult Disabled Children Face Unique Estate Planning Challenges Vanessa J. Skinner

he latest statistics from the Centers for Disease Control show that an average of one in 110 children in the United States is diagnosed with autism each year. Parents of adult children with autism and other disabilities such as Down syndrome and cerebral palsy who are not able to support or care for themselves are faced with unique challenges when preparing their estate plans.

In addition to the typical considerations parents face when developing their estate plans, such as the timing and amount of distributions of assets, parents of disabled children must also consider whether such distributions will affect their child’s ability to receive means-tested government benefits, such as Medicaid and Supplemental Security Income (SSI).1 A disabled adult child who has countable assets in excess of $2,000 will be disqualified from receiving both SSI and Medicaid benefits.2 Additionally, distribution of income directly to SSI and Medicaid recipients can reduce or eliminate benefits.

There are limited estate planning options available to parents of a disabled or special needs child. If the estate plan provides that assets are to be distributed outright to the disabled child, the child may not be capable of managing the assets, and such distribution of assets may disqualify the child from receiving government benefits.

The government will require the child to spend the money he or she has before it will pay for residential care or other services. The costs of care for a disabled adult child are often quite high and can rather quickly exhaust what might seem like a large inheritance. Once the inheritance is exhausted, the child will be entirely dependent on government programs for food, shelter and clothing, and there will be nothing available to provide for quality of life, such as visits to relatives or a motorized wheelchair.

Alternatively, in order to avoid such a disqualification, parents may consider disinheriting a special needs child. However, this is not recommended in the event the government benefits are reduced or eliminated and the parents’ assets will be needed to benefit the child.

Rather than disinherit the special needs child, some parents inquire about the feasibility of leaving the disabled child’s share of their assets to the child’s sibling, with

PAGE 12

the understanding that such assets are to be used for the benefit of the disabled sibling.

However, such arrangements are not legally enforceable, and the assets would then be subject to any bankruptcy, divorce, creditors, seizure or litigation against the sibling.

Additionally, the sibling may die before the special needs child, in which case the assets would be subject to the terms of the sibling’s will, which may not provide for the disabled sibling. Therefore, this option would not guarantee that the assets are ultimately used for the special needs child’s benefit.

The recommended estate planning option for parents of a disabled child is to create and fund a third-party special needs trust (SNT). This type of trust will not prevent or disqualify the child from receiving public benefits since money or assets pass to the third-party SNT rather than the disabled child and are, therefore, not available to the special needs child for determining the child’s financial eligibility for meanstested government benefits. The assets held in the trust never become a countable resource and are used to supplement, but not replace, public benefits. The public benefits pay for medical care and placement in a facility, if necessary, while the trust pays for living expenses such as transportation, home health aides, education, rehabilitation, computer equipment, and medical and dental care that are not already covered by private policies, Medicare, or Medicaid.

Since a third-party SNT is both established and funded by someone other than the disabled child, it is not subject to the same level of federal regulation as are other types of SNTs (a first-party trust or pooled trust).

For example, when the special needs child dies or the trust terminates during the special needs child’s lifetime, there is no requirement that the state be repaid from the remaining trust assets up to an amount equal to the total medical assistance paid for the child under a state Medicaid plan.

Instead, a third-party SNT allows parents to control the ultimate disposition of the trust assets after the death of the disabled child, giving them the flexibility to distribute such assets to other children, to other descendants, or to charities of their choice.

There are also no restrictions on the age of the disabled child who is the beneficiary of the third-party trust.

Third-party SNTs can be established as

www.orangecountybar.org

standalone, inter-vivos trusts or under the parents’ last will and testament or revocable living trust. The standalone third-party SNTs allow a convenient opportunity for other family and friends to contribute. For example, a parent’s standalone third-party SNT can be structured to receive gifts, bequests and inheritances from the grandparents of a disabled child. This prevents the grandparents from having to prepare a separate third-party SNT by allowing them to name the existing standalone third-party SNT as the beneficiary of the assets. This also allows for simpler trust administration in that one trustee can be used and only one trust estate needs to be managed.

With a testamentary third-party SNT, the share intended for the disabled child is redirected to the SNT rather than directly to the child. Funds from other trusts may also be added to a testamentary third-party SNT. A properly drafted third-party SNT is critical for preserving public benefits.

The trust does not have to be irrevocable to maintain such benefits as long as the disabled child does not have the legal authority to revoke the trust. For SSI purposes, the third-party SNT must contain a spendthrift clause, which restrains both voluntary and involuntary transfer of the beneficiary’s interest. Without this, the third-party SNT will be counted as a “resource” under the SSI rules. The trust terms cannot require mandatory distributions from the trust of either income or principal. The trustee must have sole discretion with regard to distributions for the disabled child. The third-party SNT cannot include ordinary support trust language. Instead, the trust should include provisions that provide the trust funds are to be used to supplement but not supplant government benefits, including SSI and Medicaid. Although a third-party SNT does not have to be a sole beneficiary trust and numerous additional beneficiaries may be named, the trust must clearly state that the disabled child’s share is governed by the special needs trust provisions. A third-party SNT does not have to be submitted to the Social Security Administration (SSA) for review at the time of creation; it only needs to be submitted when the trust is funded. At such time, the SSA will check to see whether the trust has, in fact, been properly drafted.

theBriefs March 2011 Vol. 79 No. 3

account the trustee’s ability to understand and address the ongoing needs of the special needs child as well as understand the nuances of the various public benefits programs and how trust distributions will affect the disabled child’s benefits. Typically, parents appoint as trustee a trusted family member, often the disabled child’s sibling, who will likely know more about the beneficiary’s needs and will not charge a fee. If the sibling is a current or remainder beneficiary of the trust, however, there is the potential for conflict of interest issues as well as adverse income and transfer tax consequences. If a family member does not serve as trustee, an attorney or financial institution may be appointed.

A properly drafted thirdparty SNT will provide the trustee with maximum flexibility to meet the needs of the disabled child and maintain the child’s eligibilBy John Elliott Leighton ity for means-tested government benefits. This includes DearJohn@LeightonLaw.com changes in the amount of Dear John, government benefits that If someone is followed home from may be available to the a bar and assaulted in their condo, disabled child in the future as a result of factors such as how many potential defendants changes in SSI or Medicaid —P.S., Miami are there? funding, budget cuts or eliA: The bar is a potential defendant, but a difficult case to gibility requirements. Even prove. Liability is more likely to lie with the condo building. if their disabled child is not Premises liability can come into play with incidents involving currently receiving meansassaults due to negligent security or insufficient lighting. tested public benefits, parKey areas of potential premises liability include: ents are advised to establish • Perimeter control, or limiting access to a property a third-party SNT if there through fencing, landscaping or other means (CPTED or is any possibility their child “crime prevention through environmental design”); could receive such benefits • Lighting, which may have been inadequate at the start in the future. In the event or poorly maintained after installation; the special needs child does • Security equipment, including access control, locking not receive means-tested mechanisms and closed circuit television; government benefits during • A lack of security staff, or security personnel who his or her lifetime and only may not have been properly trained, or who took inapreceives entitlement-based propriate action in a violent crime situation. government benefits such as Parallel to the growth of violent crimes, the field of premises Medicare and Social Secusecurity litigation has grown in the last two decades. Florida is rity Disability Income, the the number three state for inadequate security claims. child will still benefit from Send your Dear John letter to DearJohn@LeightonLaw.com. the third-party SNT in that Include your name and city. it protects the disabled child from his or her inabilities, disabilities, predators and Serious Lawyers for creditors.

Serious Cases.® In conjunction with estabMiami  Orlando lishing a third-party SNT LeightonLaw.com  888.395.0001 for their adult disabled child, parents must also The information in this column does not constitute legal advice. You should not take action based upon this review the titling and information without consulting legal counsel. The hiring of a lawyer is an important decision that should not be based solely upon any single source of information, including this column. beneficiary designations

Since the trustee of a third-party SNT has complete discretion in making distributions to or for the benefit of the special needs child, the selection of an appropriate trustee is a critical decision parents must face when establishing the SNT. From both a tax and public benefits standpoint, neither the special needs child nor his or her spouse should serve as trustee of the SNT. In selecting a trustee for a third-party SNT, parents are not only faced with the typical considerations for the trustee’s age, health, integrity, reliability and expertise with regard to finances, but they must also take into

Dear John,

of their assets to ensure that the child is not named in his or individual capacity.

For example, parents should review IRA, 401(k) and other retirement benefits, life insurance policies, annuities, transfer on death (TOD), pay on death (POD) and in trust for (ITF) designations on accounts, savings bonds or securities, joint accounts, and tangible personal property items such as collectibles, antiques and family heirlooms. Parents can fund the third-party SNT by naming it as the beneficiary of such assets.

Winter Park resident Dan McNutt followed the advice of an estate planning attorney and established a standalone, inter-vivos third-party SNT for his 39year-old autistic daughter in 1993. At the time, she was 21 years old and he and his wife were preparing to apply for SSI benefits on her behalf. “Creating this trust was the way in which our daughter could receive government benefits and also have funds accumulated to take care of her in the future,” states McNutt. “We knew she would never be able to live on her own.

After my wife and I are gone, she will move in with her sister, who will also serve as trustee of the SNT. Hopefully, our younger daughter could either add on to her home or move into a larger home with trust proceeds.”

Between the trust assets and the government benefits she receives, McNutt says his daughter should be financially independent and not have to rely on her sister for financial assistance. He knows the trust can be used for expenses not covered by the government.

McNutt knows that day-to-day life with a disabled child requires careful planning.

Family situations change, so it is important for parents to plan for the future in this way.

Vanessa J. Skinner, is an associate with Winderweedle, Haines, Ward & Woodman, P.A. She has been a member of the OCBA since 2003.

Medicare and Social Security Disability Insurance (SSDI) are not considered means-tested government benefits.

2 Some assets, such as a home, one automobile and a burial plot are not counted toward the $2,000 limit.

1

©2011 Leighton Law, P.A.

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

PAGE 13

I

f you practice law, you are already navigating the metadata minefield.

You could conceivably traverse it for years without triggering an explosion, or tomorrow you could blow your career and reputation to pieces with the unwittingly negligent click of a button. This article serves as a map to help you steer safely through.

I. Metadata, Scrubbing & Mining

Metadata is information about other pieces of information. Dictionary definitions are metadata, as dictionary definitions describe underlying words. The copyright information in the front cover of a book is also metadata. You likely look at metadata on a daily basis in a variety of contexts.

Metadata is embedded in most electronically stored information. The “author” field in a Word document is an example of metadata (i.e., the hidden part of the file that stores information on who created the document), as are the time and date records associated with a computer file (e.g., date of creation, date of the last modification to the file), records of “track changes” in a Word document (i.e., showing comments and revisions added to various versions of a document), mathematical formulas in an Excel spreadsheet, and embedded copyright information in an electronically stored photograph.

“Scrubbing” and “mining” are two colloquial terms often heard in conjunction with metadata. Scrubbing is the process where the metadata entwined with a piece of electronically stored information is deleted. Scrubbing a Word document of metadata is similar to ripping out the front few pages of a book to remove the copyright and authorship information.

Mining refers to viewing the metadata associated with or embedded in electronically stored information. Although the term mining implies that metadata is hard to find, metadata is generally not secret or hidden. It is normally accessible with a few clicks of a mouse. For example, viewing the properties of a Word document will reveal the title, subject, and author of the document, along with the date it was created, last accessed, and last modified.

Simple enough concepts. But in everyday practice, there is a veritable minefield of issues associated with metadata. Failing to scrub metadata in communications with opposing counsel can easily lead to disclosure of privileged information. ScrubPAGE 14

bing metadata in discovery documents constitutes spoliation and is often sanctionable.

Mining metadata in opposing counsel’s communications is unethical and impermissible in Florida, but is permissible in other states.

Failing to mine metadata in discovery is a major mistake for a variety of reasons.

II. Mining: Yes in Discovery, No in Other Communications

Metadata is often the smoking gun in litigation like that involving trade secrets or copyright infringement, where chronology, distribution or authorship are dispositive of a critical issue. In most – if not all – litigation, metadata is helpful but not dispositive in itself. In all cases, you can and nearly always should mine metadata in the discovery process.

A litigant is often entitled to discovery in native format. Native format is the original format of the file – access to a file in native format is typically provided through the software program on which the file was created. The native formats of the vast majority of documents are Word documents, emails, Excel spreadsheets, and other pieces of electronically stored information with accompanying metadata. Pen-and-ink originals are rare. If you fail to request and receive discovery in native format, and fail to look at the metadata accompanying electronically stored information, you are ignoring potentially critical information that you are entitled to receive.

However, outside of the discovery context, in Florida “[a] lawyer receiving an electronic document should not try to obtain information from metadata that the lawyer knows or should know is not intended for the receiving lawyer. A lawyer who inadvertently receives information via metadata in an electronic document should notify the sender of the information’s receipt.”

Florida Bar Ethics Opinion 06-2 (Sept. 15, 2006). While jurisdictional rules regarding mining opposing counsel’s communications vary, the rule in Florida is clear. If you receive a document from opposing counsel, you can not mine the document’s metadata for information that might have been inadvertently transmitted to you.

Electronically stored information attached to an email, like all other electronically stored information, contains metadata.

Sharing documents internally via email and exchanging “red line” edits or “track changes” comments is a great way to collaborate, but sometimes documents are sent externally without removing intra-office comments or other metadata that should remain confidential.

This can lead to career-jarring slip-ups, such as sending a settlement communication to opposing counsel without removing embedded “track changes” comments from a client indicating the maximum amount the client is willing to settle for.

In Florida, “[a] lawyer who is sending an electronic document should take care to ensure the confidentiality of all information contained in the document, including metadata.” Id. Thus, outside of discovery, scrub whatever you send externally (and make sure your employees do the same on your behalf ). There are a variety of free and low-cost metadata scrubbing programs available on the Internet. Simply download and use one to ensure you maintain confidentiality.

However, you should not scrub documents in the discovery process. Scrubbing discovery documents destroys potentially relevant and discoverable information.

Scrubbing is deletion, and it is often sanctionable as spoliation. Even converting a document to another file format may effectively scrub a document of its original accomanying metadata. Unilaterally scrubbing electronically stored information prior to production can lead to sanctions. If a party requests a document in native format (in discovery), a document in native format, you should not convert the file from its native format or otherwise scrub the document before production (with the exception of redaction with an accompanying privilege log).

Adam C. Losey is an attorney in the Orlando office of Foley & Lardner LLP, an adjunct professor at Columbia University, and serves on the American Bar Association’s Young Lawyers Division Antitrust Law Committee as Vice Chair.

He has been a member of the OCBA since 2009.

III. Scrubbing: No in Discovery, Yes in Other Communications

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

HONEYWELL MEDIATION & Other Alternative Dispute Resolution Services

Do you have your own short-list of trusted mediators?

You should. Your opposition does. Is it just a coincidence that your opponent always urges you to accept “their” mediator? The mediator is a critical component of any successful mediation and should be equally of your choosing. Plan ahead and have your own personal short-list of trusted mediators ready for your next mediator selection.

Visit my website: www.honeywellmediation.com to find who I am, my online schedule, my educational blog, and what I offer you and your client who may be seeking success without trial.

My unique credentials and experience can be a useful and valuable added resource in finding resolution to your client’s dispute.

• Certified Circuit Civil Mediator • Certified Federal Court Mediator • Board Certified Civil Trial Lawyer • Panel Member, Mediation, Inc. Call Honeywell Mediation /Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 Statewide-National: 800-741-7000 Neutral, convenient conference facilities on Lee Road in Winter Park.

Available anywhere in Central Florida without travel charge. Dan H. Honeywell

theBriefs March 2011 Vol. 79 No. 3

1/4 page OCBA The Briefs, March 2011

www.orangecountybar.org

PAGE 15

The Novartis Decision and Its Effect on Employers of Sales Representatives Sally R. Culley

O

n July 6, 2010, the U.S. Court of Appeals for the Second Circuit ruled that approximately 2,500 pharmaceutical sales representatives employed by Novartis Pharmaceuticals Corporation were entitled to the payment of overtime wages. In re Novartis Wage and Hour Litigation.1 This ruling turns on its head the general thought that pharmaceutical sales representatives are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Any employer of sales representatives, particularly pharmaceutical sales representatives, will want to be familiar with this case.

Under the FLSA, employers are generally required to pay their employees overtime (calculated as time and a half ) for all time worked over 40 hours in a week. However, there are several exemptions to this, and if an employee falls into one of the exemptions, then the employer is not required to pay that employee overtime.

In the Novartis case, approximately 2,500 current and former pharmaceutical sales representatives employed by Novartis sought millions of dollars in back pay for overtime allegedly worked by the sales representatives. On a motion for summary judgment, Novartis argued that the sales representatives were exempt from the requirements of the FLSA under both the “outside sales” and “administrative” exemptions. The district court agreed and entered summary judgment in favor of Novartis and against the plaintiffs.

On appeal to the Second Circuit Court of Appeals, the district court’s decision was vacated. Relying on the regulations promulgated under the FLSA by the Department of Labor, the court determined that the pharmaceutical sales representatives were not exempt under either the outside sales or the administrative exemptions.

With regard to the outside sales exemption, the court took a very narrow view and held that the sales representatives did not make sales as required by the regulations.

Although there was evidence that the sales representatives met with physicians, explained their products, and attempted to obtain statements from the physicians that they would prescribe those products where appropriate, the representatives did not sell anything to the physicians. The court found that “a person who merely promotes a product that will be sold by another person does not…make the sale.”2 PAGE 16

With regard to the administrative exemption, the relevant issue was whether the “primary duty” of the pharmaceutical sales representatives included the “exercise of discretion and independent judgment.”3 The court noted that the sales representatives were heavily regulated and controlled insofar as what they could say or do. Novartis argued that, even so, the sales representatives exercised discretion in when and how to visit physicians, how to allocate their budgets for promotional events, and how to allocate their samples.

However, the court minimized those things and held that the sales representatives were not “sufficiently allowed to exercise either discretion or independent judgment in the performance of their primary duties.”4 Because the court found the outside sales and administrative exemptions to be inapplicable to the pharmaceutical sales representatives, the summary judgment entered in favor of Novartis was vacated and the case was sent back to the district court for further proceedings. Unless Novartis can prove that its pharmaceutical sales representatives are exempt from the requirements of the FLSA under one of the other available exemptions, then it is facing a multi-million dollar judgment in favor of its pharmaceutical sales representatives for payment of back wages (in the form of overtime), interest, and attorneys’ fees.

The Novartis decision is in conflict, at least on its face, with the Third Circuit’s recent decision in Smith v. Johnson & Johnson.5 In the Smith case, it was determined that a pharmaceutical sales representative was exempt from the FLSA under the administrative exemption. The court specifically noted, however, that the plaintiff “executed nearly all of her duties without direct oversight,” and that she had described herself as “the manager of her own business who could run her own territory as she saw fit.”6 Based on her testimony, the court found that the plaintiff exercised discretion and independent judgment in the performance of her primary duties, and that the administrative exemption was, therefore, applicable. Had the testimony of the plaintiff been different in that case, there might have been a different decision.

The Ninth Circuit has also very recently issued an opinion that conflicts with Novartis’ analysis of the outside sales exempwww.orangecountybar.org

tion.7 In that case, the court found that the plaintiff pharmaceutical sales representatives were exempt from the FLSA under the outside sales exemption, determining that the “sale” was “the exchange of non-binding commitments between the [pharmaceutical sales representative] and physician at the end of a successful call,” even if there was no actual sale of anything tangible from the representative to the physician. The court was critical of the Department of Labor’s seeming acquiescence in failing to challenge for decades the outside sales exemption for pharmaceutical sales representatives.

The Eleventh Circuit has not yet spoken to the issue of whether a pharmaceutical sales representative is exempt from the FLSA, and it may not get a chance to do so before the United States Supreme Court has its say. A petition for a writ of certiorari was filed by Novartis on October 4, 2010.

Employers of sales representatives who wish to claim exemption from the FLSA should take a close look at all three of the cases discussed here. Based upon those decisions, if an employer wishes to take advantage of the outside sales exemption, it is possible that the courts will require the sales representatives to be engaged in actual sales of a product or service. Further, in order for the administrative exemption to apply, the sales representatives must be allowed discretion and independent judgment in the performance of their primary duties.

As shown by Novartis, too much regulation and control by the employer can defeat that exemption.

Sally R. Culley, is an attorney with Rumberger, Kirk & Caldwell, P.A. She has been an OCBA member since 1987.

In re Novartis Wage and Hour Litigation, 611 F.3d 141 (2nd Cir. 2010) 2 Id. at 153.

3 Id. at 155.

1

Id. at 157.

Smith v. Johnson & Johnson, 593 F.3d 280 (3d Cir. 2010) 6 Id. at 285.

7 Christopher v. SmithKline Beecham Corp., 2011 WL 489708 (9th Cir. Feb. 14, 2011).]

4 5

theBriefs March 2011 Vol. 79 No. 3

CLEs!

Get your CLEs at an incredible $ 15 per credit hour or less!

O

rder individual programs or take advantage of our new 30- or 15-credit hour packages, including ethics, at prices you won’t be able to beat.

Download the CD and DVD list at www.orangecountybar.org, and purchase your CLEs today.

It’s easy, it’s quick, and it’s a bargain!

OCBA members – take advantage of this special pricing!

Call 407-422-4551, ext. 225 for details.

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

PAGE 17

.

OCBA Luncheon January 27, 2011 The Ballroom at Church Street Sponsored by M&I Bank

Frank Bedell

John Colvin and Thomas Mooney of Mooney Colvin P.L. receive the100% Club award from Kristyne Kennedy

Judge Lawrence Kirkwood receives special recognition for his outstanding service to the Ninth Judicial Circuit

Sandy Lincoln, Senior Vice President, Investment Strategist, M&I Bank Wealth Management

Tom Bacchus, M&I Bank Wiley Boston with new members Kimberly Derry (standing), Kristen Grossman, Arthur Grossman, Camila Pachon (seated) PAGE 18

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

Winter Wine Cheese Social

&

Thursday, January 27, 2011 Orlando Tastings Sponsored by Westlaw

Photos pages 18 and 19: Florian Boehm, Boehm & Boehm

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

PAGE 19

Guided by Faith. Educated for Life.

Serving K-8 Located in the heart of downtown Orlando thechristschool.org

You’ll Over The Christ School!

2gc_TCS Open House Elem Ad 8x5.125_10_10 .indd 1

Stand up and be counted!

Election ballots have been mailed!

106 E. Church Street • Orlando, FL 32801

(407) 849-1665 10/20/10 3:11:27 PM George C. Young First Central Florida Inns of Court: Professor Charles W. Earhardt

The George C. Young First Central Florida Inns of Court held its monthly meeting and presentation on January 12, 2011, at the Dubsdread Country Club. This interactive presentation, consisting of short video clips from wellknown movies, was on the topic of evidence in Florida and featured renowned law professor, Charles W. Earhardt.

Mr. Earhardt is a Professor Emeritus at the Florida State University College of Law, a frequent guest lecturer, and the author of Florida Evidence (West 2009), the leading treatise on this topic.

Take a few minutes to complete and mail your ballot today!

•OCBA Executive Council (all voting members) •LAS Board of Trustees (all voting members) •YLS At-large Board Members (YLS members only)

All voted ballots must be returned to the OCBA office no later than 5:00 p.m., Thursday, March 31, 2011. • See candidate bios on the OCBA website.

If you have questions, call 407-522-4551, ext. 225

PAGE 20

From left to right: The Honorable John Antoon, Lori Caldwell-Carr, John Samaan, The Honorable Heather Higbee, Joseph DeBaise, William Beaver, Professor Charles W. Ehrhardt, Sharlena Williams, Richard Barry, Marc Levine, Kimberly Mann, Lisbeth Fryer, Mary Ann Etzler.

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

YLS on the move Jacquelynne J. Regan

Did you know that March is the month of the vernal, or spring, equinox? What is an equinox, you ask? Science tells us that it occurs twice a year, when the Earth’s axis has aligned so that it is tilted neither away from nor toward the sun, and the center of the sun has lined up with the Earth’s equator. It is also the date my mother convinced me was the single occasion on which you could balance an egg on its narrow end, but only if you balanced that egg at midnight on the vernal equinox (which we did every March). One summer day, I decided to put this theory to the test by balancing eggs in the middle of the afternoon. I soon had twelve eggs upended on the counter, and a whole new reason to question authority and learn by doing. I was pretty proud of myself, until I yelled for my mom to come and see, and sent the eggs rolling to the floor with the vibrations of my voice. The moral of the story? Try something new and question authority, but don’t yell when they are wrong! Otherwise you’ll have a scrambled mess on your hands.

YLS invites you to join us this month for some excellent learning opportunities, as well as opportunities to try something new and have some fun. But first, a recap of what’s been going on: Orange County was well represented at The Florida Bar Young Lawyers Division Affiliate Outreach Conference this year! The conference was chaired by our very own past president, Chelsie Flynn, and all Law Student Division meetings and activities were led by Melanie Griffin. Additionally, Sunny Hillary and Lauren Heatwole, the YLS’ representatives at AOC, accepted the Outstanding Public Service Project Award on behalf of the YLS. We received the award for our Inaugural Spelling Bee Contest hosted this past fall and chaired

by Daryl Gottlieb. Additionally, Megan Malec accepted the Outstanding Public Service Grant on behalf of the CFAWL’s Young Lawyers’ Section for the project she is chairing, Extreme Makeover: Harbour House Project. YLS will also receive grant monies distributed at AOC for its mentoring program being chaired by Kristopher Kest. theBriefs March 2011 Vol. 79 No. 3

On February 17, 2011, the YLS hosted a happy hour at The Downtown Pour House to benefit Big Brothers Big Sisters of Central Florida (BBBS). A great turnout of young lawyers enjoyed food and drinks and showed their support for BBBS. For more than 35 years, BBBS has operated under the belief that inherent in every child is the ability to succeed and thrive in life. BBBS makes meaningful, monitored matches between adult volunteers (“Bigs”) and children (“Littles”), ages six through 18, throughout Orange, Seminole, Osceola, Brevard and Lake counties. Special thanks to the law firm, Hillary, P.A., and Amy Moline, P.A. of Keller Williams Realty for co-sponsoring this fundraising happy hour!

YLS’s annual Evening with the Judiciary was a great success on February 23, 2011.

Young lawyers were joined by an excellent turnout of the judiciary at the Winter Park Civic Center, where they mixed and mingled in a Mardi Gras-themed atmosphere. Cajun fare, jazz music and street performers provided for an especially memorable event! Thank you to Karen Persis for organizing another successful evening!

The next Brown Bag Lunch with Judge John Marshall Kest is scheduled for Thursday, March 10. This month, Judge John Kest’s topic for young lawyers is titled Professionalism before the Bench.

The program will provide 1.5 hours of CLE credit. Please note that April’s lunch will take place on April 14. If you are interested in joining Judge Kest for the Brown Bag Lunch on March 10 or April 14, please call Judge Kest’s judicial assistant at 407-836-0443 or her email at ctjadi1@ocnjcc.org.

The YLS is looking forward to hosting not one, but two happy hours in the month of March! The YLS will host a “How-To Happy Hour” on Friday, March 11 for students from Barry Law School. Students are invited to again join YLS members for food, drinks, and good conversation, while discussing the ins and outs of effective networking. This will be the perfect time to tell a student about your “I wish I had known” story! RSVP to admin@ocbayls.org for this event. And don’t miss the Legal Aid Happy Hour on Thursday, March 24, where the YLS will once again join forces with Legal Aid

to benefit this important organization. Look for more information about both March happy hours in your YLS email blasts! If you are not currently receiving the YLS emails, please send an email to admin@ocbayls.org to sign up.

The YLS March Luncheon will take place on March 17, 2011, at 11:45 a.m.

Stay tuned for more details about this special St. Patty’s-inspired luncheon!

Please email your RSVP to admin@ ocbayls.org.

Are you ready to play some kickball?

Then gather ten (or more) of your best kickers and sign up for the First Annual OCBA YLS Kickball Tournament to be held on April 2! The entry fee is $100 per team or $10 per individual player.

For more information, please contact Chadwick Crews at ccrews@shutts.com.

Be sure to keep an eye out for an extraspecial issue of The Briefs next month, which will focus on the Legal Aid Society’s 50th Anniversary. “On the Move” will feature interviews of three Young Lawyer pro bono superstars, highlighting their involvement with Legal Aid and the impact of their efforts.

If you want to find out more about the YLS and its committees and events, please call me at 407-418-6438 or email me at reganjj@lowndes-law.com. If you are not receiving the YLS email blasts, send an email to me or admin@ocbayls.org to sign up!

Jacquelynne J. Regan is an attorney with Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. She has been a member of the OCBA since 2007.

www.orangecountybar.org

PAGE 21

PARALEGALpost

Looking Ahead – 2011 and Beyond Lissa Bealke-Moore and Amy Guy

S

Embassy Suites in downtown Orlando.

The seminar was sold out and was a huge success! Attendees traveled from as far away as Pensacola and Miami, and many of them commented on the seminar’s incredible value. This event was a great learning experience for the section and helped us to gain important knowledge and insight for future seminars.

We ended the year by forgoing our annual holiday party and instead reached out to help the local community. Our secretary/ treasurer, Christine Stram of Broad and Cassel, spearheaded the section’s first major fundraising endeavor with our charity of choice, The Russell Home. The section officially announced this charity event on November 30, and donations immediately started arriving from our members and their friends, colleagues, and family.

Rumberger, Kirk & Caldwell’s paralegals held a Paralegal Section party and raised more than $500 for the home! In the span of three short weeks, the section raised $2,500 and proudly delivered a check to The Russell Home, with media coverage

by Channel 13. A portion of the funds were used to take the children on a special outing. Special thanks to Christine and all of those who donated to this worthy cause!

As we focus on 2011, the section is supplementing its calendar of events by

ince the formation of the Paralegal Section in 2009, our group has worked tirelessly to reach out to Florida paralegals and encourage them to become more involved in their profession.

In doing so, our membership has grown tremendously and received support and interest from other legal organizations.

Our primary goal as a section is to consistently provide education opportunities that are both informative and affordable.

We also hold regular networking and social events for our members. Through the funds raised by our section, we invest in our local community in order to help make it a better place. We are very proud of the progress we made in 2010, and we would like to share some of our success stories.

On the first Friday of every month, we hold a “Food for Thought” seminar, featuring a variety of speakers and topics that are generally accredited by The Florida Bar for two CLE credit hours. These $20 monthly seminars, which include lunch, have gained popularity with local paralegals and attorneys. Additionally, the section has begun developing longer seminars (4.0+ CLE credits), which are conveniently held on Saturdays.

On October 2, 2010, the Paralegal Section held a full-day seminar entitled “Litigation Strategies and Solutions” at the

providing even more education opportunities, networking and social functions, and community outreach programs. Our kickoff seminar, “Winning, Writing and Research Skills,” sold out within three weeks. The section partnered with Barry University for the half-day seminar, which was held at the campus and featured local attorneys as well as faculty members.

Preparations are already well underway with the Law Week Committee for festivities that will span more than a month.

Lori Spangler, immediate past president of the section, and board member Catrina Chapin head the committee.

Law Week helps to educate the public about the legal system through a wide variety of community outreach activities, such as the Pathways in Law program, the Goldilocks Mock Trial program, the DUI program, and a county-wide poster and essay contest.

The OCBA Paralegal Section is thankful for the ongoing support it has received from the legal community as we continue to grow into a powerful organization. If you would like more information about the section, please email orangecountyparalegalsection@gmail.com.

Lissa Bealke-Moore, FRP, section president, is with GrayRobinson, P.A. She has been an OCBA member since 2000.

PUBLISH YOUR LEGAL NOTICES in the Gulf Coast Business Review

Amy Guy, FRP, section vice president/presidentelect, is with Calandrino Law Firm. She has been an OCBA member since 2007.

Serving Eight Florida Counties: Sarasota | Manatee | Hillsborough | Pinellas | Pasco | Lee | Collier | Orange

The Weekly Newspaper for Gulf Coast Business Leaders

Call: (941) 906-9386 | Visit our website: www.review.net PAGE 22

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

Senate Confirms Judge Martinez Nomination

L

ast August, President Obama nominated Judge Wilfredo Martinez to the State Justice Institute. On December 22, 2010, the Senate confirmed the nomination. Judge Martinez will serve as one of eleven board members

overseeing this non-profit organization created by federal law.

The State Justice Institute (SJI), established in 1984, is responsible for awarding grants and assisting state courts in order

Valuation & Litigation Services Business Valuations

Litigation Support

Forensic Accounting

Adam T. Magill, MBA, AVA, CBA 801 Magnolia Ave, Ste 304, Orlando, FL 32803 407-233-4180 / 407-233-4182 Fax www.valuation-litigation.com / info@valuation-litigation.com

to improve the quality of justice. By setting up national clearinghouses and resource centers, the SJI has been able to facilitate communication between federal and state court systems in order to share solutions and innovative ideas. Judge Martinez will be the first member from Florida to sit on the board.

Judge Martinez was appointed to the bench in 1998. He is currently an Orange County judge, serving in the Criminal Division. As a litigator, Judge Martinez focused his practice on business and real estate law. Judge Martinez has been very active in the community, sitting on boards and commissions including the East Central Florida Regional Planning Council, Florida State Commission on Hispanic Affairs, City of Orlando Redistricting Advisory Board, Orange County Citizen Review Board and the Children and Family Services Board. In addition, he is also a founding member of the Hispanic Bar Association of Central Florida.

Save The Date

The Florida Bar Young Lawyer Division Roundtable with the Federal Judiciary at the Eleventh Circuit Judicial Conference —–—

Saturday, April 30, 2011 8:30 a.m. - 10:30 a.m.

—–—

The Swan Hotel Walt Disney World 100 (includes breakfast)

$

theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

CLE Credit Hours: 2.0 general/professional For more information contact: Chrissy Davis Graves 850-513-3606 cgraves@carltonfields.com PAGE 23

PAGE 24

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

Sunny Lim Hillary

O

nce again, the Central Florida Association for Women Lawyers (CFAWL), the Greater Orlando Asian American Bar Association (GOAABA), and the Hispanic Bar Association of Central Florida (HBACF) are doing great things in and for the local community.

CFAWL

In February, the CFAWL Young Lawyers Committee kicked off Extreme

Makeover: Harbor House, a year-long service project benefitting Harbor House of Central Florida. Harbor House is a comprehensive domestic violence services agency that assists hundreds of women and children who seek emergency temporary shelter at the center each year.

Extreme Makeover activities include holding monthly donation drives and visiting the emergency shelter to clean, paint, and decorate. The Florida Bar Young Lawyers Division and The Florida Bar

Foundation named CFAWL’s Extreme Makeover: Harbor House project as Outstanding Public Service Grant Applicant at the 2011 Affiliate Outreach Conference in Orlando, Florida, on January 2122, 2011. For more information about participating in or sponsoring this project, please contact Megan Malec at mwlmalec@gmail.com Also, the much-anticipated Professional Women’s Exchange (PWE), held on

February 16, 2011 at the downtown Crown Plaza Hotel, was a success! PWE is a unique networking event for professional women working in and around Central Florida, and this year it featured a wide selection of wines to sample as well as a silent auction.

Special thanks to Bridget Labutta and Maytel Bonham for organizing another thriving PWE.

GOAABA

GOAABA has had an eventful past few months!

On December 10, 2010,

a Holiday Luncheon was held at The Tap Room at Dubsdread. GOAABA members filled The Tap Room while enjoying great conversation and great food. On January 20, 2011, GOAABA hosted a Pizza Night at Alfonso’s Pizzeria in College Park. Both members and non-members of GOAABA and their families enjoyed delicious hand-tossed pizza, pasta, and wings in a fun and relaxed atmosphere.

Finally, last month, GOAABA celebrated the Lunar New Year with a Lunar New Year Dinner at Sea Thai Restaurant in Orlando.

Keep your eyes and ears open for an upcoming Law Panel

The Honorable Wilfredo Martinez administered the HBACF Oath of Office.

Karla Valladares, president; “Frank” Symphorien-Saavedra, public relations chair; Luis Gonzalez, by-laws chair; Nicolas Apfelbaum, treasurer; Laura Pichardo, membership chair; Kimberly Lopez, young lawyers chair; Tiffany Faddis, fundraising chair; Felipe Guerrero, president-elect; Nicole Sbert, community service chair; Patricia A. Markuck; Marcio Valladares, judicial relations chair; Front: The Honorable Wilfredo Martinez theBriefs March 2011 Vol. 79 No. 3

www.orangecountybar.org

to be held at Barry Law School in March.

Lawyers from various practice areas will be speaking about practicing law in the real world. This is a great opportunity for Barry Law School

students to learn about the transition from being a law student to a practicing attorney. If you are interested in participating on the panel, or sponsoring this event, please contact Angela Miller at Angela.Miller@ lowndes-law. com.

For more information about GOAABA, please contact Lisa Gong at lisa. x.gong@gmail.com or Glenn Leong at glennleong@ glennleonglaw.com.

HBACF

HBACF’s Holiday Party at Monkey Bar was a blast! Held on December 9, 2010, the Holiday Party benefited Toys for Tots.

On January 22, 2011, at Disney’s Yacht Club Resort, the HBACF held its 2011 Installation Dinner celebrating the organization’s 20th Anniversary.

The HBACF officially recognized the pioneering vision of its founding members, Nor-

berto S. Katz, Raul Alvarez, Angel Bello-Bellini, Judge Wilfredo Martinez, Armando Payas, Jr., Jose Rodriguez and Ana Tangel-Rodriguez,

who, 20 years ago, recognized the need for a unified group to promote greater participation of Hispanics in the legal system and within our community. Past presidents in attendance were also recognized, and the HBACF announced its plans to award a lifetime achievement award later in the year as part of the 20th Anniversary celebration.

The HBACF would like to thank the event sponsors and everyone who attended.

Sunny Lim Hillary, Hillary, P.A., has been a member of the OCBA since 2005.

PAGE 25

PAGE 26

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

Rainmaking 101

Create Your Own Micro-Climate to Make it Rain Mark Powers & Shawn McNalis

W

atching them operate probably etched a picture of what a rainmaker is in your mind, and probably set a high standard for what it takes to develop new business.

You’ve seen them at bar events, parties or large charity functions: brimming with confidence, the stereotypical rainmakers navigate most social situations with ease and radiate such self-assurance that new clients are continually drawn to them. Someone at their best in all social situations became your idea of the perfect rainmaker.

Unfortunately this level of social ease does not come naturally to everyone. In fact, you might be someone who is decidedly not at your best in unfamiliar social territory. When asked to market yourself, you might experience apprehension because you don’t believe you are a natural at client development. For you, marketing means you have to “fake it,” and few things are more exhausting than having to fake your way through a marketing activity or event that holds no interest for you. After trying a couple of times, you may have decided you just don’t have what it takes.

But if you’re not a natural marketer, are you doomed to always work for those who can make it rain? Or to join the ranks of sole proprietors whose firms limp along and never fully realize their potential?

We believe everybody can develop clients even though they don’t have the personality one normally associates with the stereotypical rainmaker. There are as many different ways to market as there are attorneys.

The key is to identify and play to your own strengths.

For a clue to what your strengths are, take a look at your hobbies, passions and interests, both inside and outside the practice of law. These hobbies, passions and interests tend to bring out the best in your personality. When your marketing approach is tied to what you love, your effectiveness as a rainmaker blossoms.

Incorporating your interests enables you to operate in an environment of your own choosing and minimizes the anxiety you may feel when you are forced to socialize in other ways. At a Rotary Club dinner, for example, you might feel bored and uninterested because the agenda doesn’t authentically engage you. But, when you are involved in something you love, be it sports or gourmet food or lecturing on a favorite topic, your comfort level is higher, you have more fun and you’re more fun to be around. Let the stereotypical rainmakers storm away. Create your own microclimate for marketing success!

Read through the examples below that detail ways other attorneys create their own marketing micro-climates and find out how you can use your less obvious talents to forward your marketing goals.

1. The Expert/Writer

Quite a number of attorneys have narrowed their practice areas to a specific niche and are experts in their field. Quietly passionate about their subject matter, they excel at building their reputation through the written word. Writing columns, newsletters, articles and books is how they market themselves, and it’s a good fit for their less outgoing personalities. In addition, their approach to research can kill two birds with one stone: setting up interviews gives them a great reason to initiate lunch meetings with clients and referral resources that contribute case studies and data for theBriefs March 2011 Vol. 79 No. 3

further writing opportunities. This is called a “knowledge-based” approach to marketing.

2. The Expert/Speaker

Another knowledge-based approach is taken by attorneys who have developed ways to communicate their expertise clearly and are comfortable in front of groups. They focus on setting up seminars to educate potential referral sources and/or develop new clients.

Like other experts, the expert/speaker can use lunches and meetings with influencers, potential influencers and clients to research their workshops and seminars while deepening their relationships.

Mark Powers

3. The Sport

This attorney has a love of participating in, Shawn McNalis or watching, sports. Regardless of whether the attorney is passionate about football, golf, sailing, skiing, or any other recreational activity, sports of all kinds provide the perfect platform for building rapport with referral sources – even if business is never discussed. Attorneys who take this activity-based approach can market themselves by inviting referral sources to play (golf, tennis, etc.), asking influencers to attend games with them, giving tickets out to games and setting up marathons or tournaments with a charity tie-in. The love of the game is a great excuse to connect and build relationships, both old and new.

4. The Family-Focused Attorney

Usually younger lawyers with children, family-focused attorneys spend a great deal of time focused on church and school activities.

Their marketing approach should take advantage of the contacts they make in coaching youth sports, sponsoring activities or participating in parent/teacher organizations. The contacts they make with other up-and-coming professional parents will often be the source of their future referrals. The family-focused attorneys’ formal marketing plan will depend heavily on lunches and daytime activities since they will have less free time in the evenings due to family obligations, but their informal marketing plan can include much of their social life in the community.

5. The Gourmet

To market themselves and share their passion, attorneys who love gourmet food, wine and spirits have many options: they can cook for small groups at home or take clients to restaurants they’ve discovered. They can host or attend wine tastings with friends and referral sources. They can start dinner clubs in which meals are hosted by its members, or host parties that display their cooking talents or those of local chefs. The emphasis here will be on meals: lunches, dinners and other food- and wine-related events. They can share recipes, sources for hard-to-find items and give books that express their love of food and wine.

6. The Traveler

Traveling the world is often the passion of many different types of attorneys. To incorporate a love of travel into a marketing program, the attorney can send an e-mail journal to friends and referral sources, create a photo-journal of a trip to share continued page 33

www.orangecountybar.org

PAGE 27

Presentation Skills

for Lawyers

The Power of Your Eyes

Y

the flip chart.

If you want to persuade someone, you need to look him in the Elliott Wilcox eyes. The next time you use a visual aid, ask yourself, “Where are my eyes focused?

Am I making eye contact with the person I’m trying to persuade?” If not, make a special effort to stop looking at the visual aid. Focus your eyes upon your audience, and you’ll be more persuasive.

ou can’t say why, but for some reason, you just don’t trust this speaker. It sounds right, but it doesn’t feel right. Why can’t you trust him? Suddenly, it hits you... Even though he’s been speaking for fifteen minutes, he hasn’t made eye contact with you or anyone else in the room. His eyes have been buried in his notes, with an occasional glance at the clock behind you. Even though the content of his presentation was persuasive, you just didn’t believe him.

The power of eye contact. They say that the eyes are the window to the soul. When you present, what do your eyes say about you? There are three reasons to look your audience in the eyes. First, eye contact helps your audience trust you. Growing up, you probably heard the old adage, “Don’t trust someone who can’t look you in the eye.” Do you still follow that advice?

Even though some of the best con men on the planet can look you square in the eye all day long and some very honest people might never look you in the eyes, you are probably less trusting of someone who won’t meet your gaze.

Second, eye contact lets you connect with your audience. Think back to the last time you sat in a large audience. Did the speaker make eye contact with you? If so, how did you react? Did you pay more attention after that? Did you feel that the speaker was interested in you? Did you feel a connection to the speaker? Even casual eye contact can have a tremendous effect upon audience members.

Finally, eye contact lets you read your audience. Some speakers bury their heads in their notes, and never look at their audience.

The audience could be bored to tears, completely confused, or even walking out of the room – the speaker would never know.

As a speaker, you need to check in with your audience periodically. If you don’t, you can’t adjust your presentation to best suit their needs. Maybe you need to speed up, slow down, or answer a question – you’ll never know if you aren’t reading your audience.

The most common barrier to effective eye contact. Speaking in public can be a nerve-wracking experience,

especially if you’re not prepared. Many speakers are overcome with a desire to bury their heads in their notes and read their speeches word for word. This eliminates the opportunity to make eye contact with the audience. How often do your speeches need to be word-for-word perfect? Very few speeches do. For those rare exceptions, such as a State of the Union address, you could use a teleprompter. Otherwise, you can eliminate the most common barrier to effective eye contact by throwing away your speech script. Instead, use a minimal outline, and the notes will stop competing for your attention. Without the “crutch” of notes before you, you’ll automatically make more eye contact with your audience.

Don’t persuade the flip chart. Another common barrier to effective eye contact arises during the use of visual aids. If you were trying to persuade a jury to find for your client, wouldn’t you want to look the jurors in the eyes? But when many attorneys use visual aids like flip charts or enlarged photographs, they stop making eye contact with the jurors. Instead, they focus their attention on the flip chart. Why? They’re not trying to persuade PAGE 28

Eye contact with large audiences. How can you make eye contact with everyone in the room when you’re speaking to an audience of hundreds or thousands? You can’t look at each person individually – it takes too much time. However, you don’t need to look at each person individually. You can make each person feel like you’ve looked at him directly. How? By working the room in sections. In larger groups, you might be more than a hundred feet away from some of the audience members. At that distance, they can’t tell exactly where your eyes are focused.

When you look at one person in a large group, the people around him will feel like you’ve made direct eye contact with them, too.

Start by dividing the room into quadrants. You’ll want to make eye contact with someone in each of the room’s quadrants. You’ll especially want to make eye contact with the person sitting in each of the far corners of the room. By looking at the person in each corner, you’ll make indirect eye contact with the majority of the people in the room. For example, you might start by making direct eye contact with the person sitting in the back left side of the room. Hold eye contact with that individual for a moment.

The people sitting around him will think you’re looking directly at them, too. After that, you’ll shift your gaze to a different quadrant of the room and make direct eye contact with someone there. Continue moving around the room, consciously hitting all four quadrants. Your audience will leave with the impression that you were talking directly to them.

Eye contact with smaller audiences. With smaller audiences, it is much easier to make direct eye contact with every audience member. It’s also far more important. If your audience is a group of six jurors, you need to make direct eye contact with each of them. If you ignore one person, they will notice. Jump from juror to juror, holding eye contact with them for varying lengths of time. Try maintaining eye contact long enough to determine the color of their eyes. Holding the eye contact makes it a personal conversation between the two of you. Just be careful not to get into a staring contest or make someone uncomfortable.

Eye contact is powerful. Use it to convey sincerity, to share a moment of levity, or to draw audience members back into your presentation. Your audience will be looking at you – make sure that you look at them, too!

Elliott Wilcox is the editor of Trial Tips Newsletter. To get your free copy of his special report, “How to Successfully Make & Meet Objections,” visit www.TrialTheater.com

www.orangecountybar.org

the Briefs March 2011 Vol. 79 No. 3

THE HEALTH LAW FIRM

MAIN OFFICE • 1101 DOUGLAS AVENUE • ALTAMONTE SPRINGS, FL 32714 TELEPHONE: (407) 331-6620 • (850) 439-1001 • TELEFAX: (407) 331-3030 BRANCH OFFICE • 37 N. ORANGE AVE., STE. 500 • ORLANDO, FL 32801 BRANCH OFFICE • 201 E. GOVERNMENT STREET • PENSACOLA, FL 32501 WEBSITES • WWW.THEHEALTHLAWFIRM.COM • WWW.HEALTHATTORNEYS.COM

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

• Medicare/Medicaid Audit Defense

• Pain Management Clinic Representation

• Pain Management Physician Defense

• Medical Malpractice Defense

• DOH/AHCA Investigations

• Insurance Audit Defense

• ZPIC & RAC Audits

• Search Warrant Representation

• Administrative Hearings • Medicare/Medicaid Fraud Defense • Professional Licensing • Medical Board Cases • Subpoena Defense • Office Leases • National Practitioner Data Bank

GEORGE F. INDEST III, MICHAEL L. SMITH, J.D., R.R.T. J.D., M.P.A., LL.M. • Over 25 Years legal experience • LL.M. from George Washington University • Admitted in Florida, Louisiana and D.C. • Board Certified by the Florida Bar in Health Law

• • • • •

B.S., Nova Southeastern University J.D., Stetson Univ. College of Law Registered Respiratory Therapist Licensed in Florida Board Certified by the Florida Bar in Health Law

• Petitions for Waiver or Variance • Medicaid Fraud Control Unit (MFCU) Defense • Utilization Review Defense • Preparation/Litigation of Physician Contracts • Nursing Board Cases

• Hospital Credentials Hearings

• Appeal of Emergency Suspension Orders (ESOS)

• Physician Contracts

• Corporations, LLC’s, Partnership and other Business Entities

• Partnership Dissolutions • Covenants not to Compete

• Sales/Purchases of Medical Practices

• Commercial Litigation

• Peer Review Defense

• Corporate Law

• Physican’s Personal Counsel

• Medicaid Appeal Hearings • Disciplinary Proceedings • Substance Abuse (PRN/IPN) • Appellate Practice

theBriefs March 2011 Vol. 79 No. 3

JOANNE KENNA, J.D., R.N. (ILL.) • J.D., Stetson Univ. College of Law • Diploma, St Anne’s Hospital School of Nursing • R.N., Illinois • Licensed in Florida

CHRISTOPHER E. BROWN • B.A., Coastal Carolina University • J.D., Barry University of Orlando, College of Law • Licensed in Florida • Member, American Health Lawyers Association

www.orangecountybar.org

• Opinion Letters • Complex Litigation • Medical Staff Bylaws

PAGE 29

STOVASH, CASE & TINGLEY, P.A. is pleased to announce the addition of two new Shareholders

J. SCOTT HUDSON

SCOTT A. LIVINGSTON

who focuses his practice in the areas of Labor & Employment Law

who focuses his practice in the areas of Federal Litigation & Appeals

The firm continues to represent corporate entities and executives in the areas of: Business & Banking Litigation Labor & Employment Law Government Investigations & White Collar Defense Real Estate Transactions & Litigation Federal & State Appellate Practice Construction Law & Litigation ROBERT J. STOVASH ROBERT L. CASE AMY S. TINGLEY J. SCOTT HUDSON SCOTT A. LIVINGSTON RACHEL E. SCHERWIN MICAH M. RIPLEY ANA C. FRANCOLIN THOMAS S. DOLNEY TARA S. PELLEGRINO KATHRYN S. RAPPRICH DANA A. SNYDERMAN DAVID R. BEAR PEYTON H. KEATON, IV *EDWARD R. ALEXANDER, JR. * Of Counsel

SunTrust Center 200 S. Orange Avenue Suite 1220 Orlando, Florida 32801 www.sctlaw.com Telephone: (407) 316-0393 Facsimile: (407) 316-8969

PAGE 30

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

New Associates

Mar. 10 – Professionalism before the Bench. Brown Bag

Herron, P.A.

Lunch with Judge John M. Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Free. Contact: Diane Iacone at 407-836-0443 or ctjadi1@ocnjcc.org.

New Attorner ys

Mar. 11 – How Not to Become a Victim of Identity Theft.

Andrew J. Gorman – Burr & Forman Roman V. Hammes – Wolf, Hill, McFarlin &

Thomas Drage, Jr. – Bryant Miller Olive Clayton D. Simmons – Bryant Miller Olive

The National Crime Stop Program. OCBA. 11:30 a.m.2:00 p.m. CLE: 2.0. $10. Speakers: Kevin M. Gilpin and Christopher Gilpin. Contact: mariew@ocbanet.org.

Mar. 16 – Private Recovery of Damages to Public Waters: A

New Partners

Rebecca E. Rhoden – Lowndes, Drosdick, Doster,

Kantor & Reed, P.A.

James E. Walson – Lowndes, Drosdick, Doster,

Kantor & Reed, P.A.

Nicolette Vilmos – Broad and Cassel

New Shareholder

Robert H. Thornburg – Allen, Dyer, Doppelt,

Milbrath and Gilchrist, P.A.

Events

Mar. 4 – Judicial Investiture Ceremony for the Hon. Keith F. White, the Hon. Mike Murphy and the Hon. Donald A. Myers. 3:30 p.m. Sheraton Orlando Downtown Hotel, 400 West Livingston Street, Orlando, FL 32801.

Apr. 16 – OCBA Annual Gala in Celebration of the 50th

Anniversary of the Legal Aid Society. 6:30 p.m.-11:00 p.m., SunTrust Center, 200 S. Orange Ave., Orlando, FL 32801.

May 12 – Texas Hold ‘Em Charity Poker Tournament. 5:30 p.m.-8:30 p.m. Slingapour’s, 18 Wall Street, Orlando, FL 32801. Sponsored by M&I Bank.

Speaking Engagements

Andrew P. Rock of the Rock Law Group, P.A., presented

an update on Florida Property Insurance Law at the 12th Annual Windstorm Insurance (WIND) Conference.

Clement L. Hyland, owner of Hyland Mediation, LLC,

Tidal Wave of Limitless Liability? Insurance Law Committee.

12:00 p.m.-1:00 p.m. OCBA. CLE: 1.0 pending. Free.

Speaker: Chris Kolos of Holland & Knight. Contact: mariew@ocbanet.org.

Mar. 18 – Get To Know Judge Tim Shea. Family Law

Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA. Contact: mariew@ocbanet.org.

Mar. 22 – Financial and Time Management Issues: The

Know-How for Attorneys. Solo & Small Firm Committee.

9:00 a.m.-3:00 p.m. OCBA. CLE 5.5. $10. Speakers: Christopher Dale, M&I Bank; Jeffrey Seward, M&I Bank; Jennifer M. Reitzer, M&I Bank; Ashish Karve, Atticus, Inc. Sponsored by M&I Bank. Contact: mariew@ocbanet.org.

Mar. 22 – Weathering Termination in Parental Rights in

Dependency Cases. Legal Aid Society Lunchtime Training (GAL topic). 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Speaker: Krista Bartholomew, Attorney. Free for members. Contact: ctucker@legalaidocba.org; mcarbo@ legalaidocba.org.

Apr. 1 – Food for Thought seminar. Paralegal Section.

OCBA. 11:30 a.m.-1:00 p.m. Contact: Amy Guy at 407601-4905.

Apr. 8 – Rule 2.420 Concerning the Redaction of Confidential

Information. Judicial Relations Committee Seminar. 2:00 p.m.-4:00 p.m. OCBA Center. CLE: 2.0 Details to come.

Apr. 14 – Brown Bag Lunch with Judge John M. Kest.

12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Free. Contact: Diane Iacone at 407-836-0443 or ctjadi1@ocnjcc.org.

presented Strategies for Working with Evidence at Trial and Attacking Opposing Evidence at a seminar sponsored by the National Business Institute on December 9, 2010, in Orlando.

Apr. 15 – Get to Know Judge Jenifer Davis. Family Law

Seminars

Construction Law Committee. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE pending. Free. Speakers: Caesar A. Gomez and Angelo Candes. Contact: mariew@ocbanet.org.

Be sure to check the OCBA website calendar for updates!

Mar. 2 – Florida Commercial Real Estate Receiverships.

Business Law Committee. 10:30 p.m-2:30 p.m. OCBA. CLE: 3.5. $25. Speakers: Patricia Nooney and William Moss of CB Richard Ellis. Contact: mariew@ocbanet.org.

Mar. 8 – Family Law Rules and Forms Update.

Legal Aid Lunchtime Training. 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. CLE pending. Free for members.

Speaker: Tenesia Hall, Attorney. Contact: ctucker@ legalaidocba.org; mcarbo@legalaidocba.org. theBriefs March 2011 Vol. 79 No. 3

Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA. Contact: mariew@ocbanet.org.

Apr. 20 – Practical Aspects of Construction Scheduling.

Apr. 26 – Basics of Estate Planning. Solo & Small Firm

Committee. 12:00 p.m.-1:00 p.m. OCBA. CLE: 1.0. Free.

Speaker: Hallie Zobel. Contact: mariew@ocbanet.org.

Apr. 26 – Making the Forever Family: Adoption Finalization

in Dependency Cases. Legal Aid Society Lunchtime Training (GAL topic). 12:00 p.m.-1:30 p.m. Comerica Bank, 111 N. Magnolia Ave., Ste. 1000, Orlando, FL 32801. Free for members. CLE pending. Stephanie Stewart, Attorney.

Contact: ctucker@legalaidocba.org; mcarbo@legalaidocba. org.

www.orangecountybar.org

PAGE 31

New

Kristin K. GROSSMAN

Steven M. MEYERS

Regular

Arthur J. GROSSMAN III

Conti MOORE

Barry University Law School Center for Earth Jurisprudence 6441 E. Colonial Dr. Orlando, FL 32807-3650 321-206-5779

Melissa MORAN

Bryant Miller Olive 135 W. Central Blvd.

Orlando, FL 32802 407-426-7001

Karol NUNEZ

Law Office of Scott Stengel 8226 Alcoa Ct. Orlando, FL 32836 310-793-6207

Members Rishi S. BAGGA

Bagga Law 37 N. Orange Ave., #500 Orlando, FL 32801 407-926-4131

Kristin Grossman P.O. Box 476 Oakland, FL 34760 407-808-6827 Arthur J. Grossman P.O. Box 476 Oakland, FL 34760 407-808-7499

Paulette HAMILTON

Meyers & Stanley 1105 E. Concord St. Orlando, FL 32803 407-849-0941

Hylton, Adamson, Watson & Moore 120 E. Colonial Dr. Orlando, FL 32801 407-802-3223

Clayton D. SIMMONS

Scott R. STENGEL

Katharine H. Ballingrud, P.A. 4767 New Broad St. Orlando, FL 32814 727-421-8537

Clark and Washington, P.C. 3975 S. Orange Blossom Tr. Ste. 105 Orlando, FL 32839 407-219-5688

J. Christy BLOCK

Brian P. HANAFIN

Holland & Knight LLP 200 S. Orange Ave., Ste. 2600 Orlando, FL 32801 407-425-8500

Law Office of Darylaine Hernandez, LLC 1600 E. Robinson St., Ste. 400 Orlando, FL 32803 407-456-0076

Arlene M. VELLON

Paul F. BRYAN

Aaron M. HINES

Joseph ODATO

Elizabeth P. WHITEHEAD

Robin U. BYRD

Michelle S. KIM

Kenneth A. PAQUETTE

Amelia A. WILLIAMS

Kathryn M. CACCIATORE

Steven J. LOCKHART

Justin J. PAQUIN

Roy L. WOLGAMUTH

KatharineH.BALLINGRUD

Block Law Offices, LLC 636 W. Yale St. Orlando, FL 32804 407-472-0706 Paul F. Bryan Mediation, P.A. 230 S. New York Ave. Ste. 100 Winter Park, FL 32789 407-644-3491 The Byrd Firm 180 Park Ave. North, Ste. 2A Winter Park, FL 32789 407-478-8574 State Attorney’s Office 9th Circuit 415 N. Orange Ave. Orlando, FL 32801 407-836-1146 Monica A. DARROW

The Byrd Firm 180 Park Ave. North, Ste. 2A Winter Park, FL 32789 407-478-8574

Kaufman, Englett and Lynd, PLLC 111 N. Magnolia Ave., Ste. 1600 Orlando, FL 32801 407-513-1900 Kaufman, Englett and Lynd, PLLC 11 N. Magnolia Ave., Ste. 1600 Orlando, FL 32801 407-513-1900 Kaufman, Englett and Lynd, PLLC 111 N. Magnolia Ave., Ste. 1600 Orlando, FL 32801 407-513-1902 Maria E. MARCHANTE

Clark and Washington, P.C. 3975 S. Orange Blossom Tr. Orlando, FL 32839 407-219-5688 Katherine A. MARTIN

The Davies Law Firm, LLC 126 E. Jefferson St. Orlando, FL 32801 407-540-1010

Englert, Leite & Martin, PL 3564 Avalon Park Blvd.

Ste. 1 #266 Orlando, FL 32828 407-512-4394

Kimberly L. DERRY

Patrick J. McGINLEY

Kathleen S. DAVIES

Derry Law Offices 37 N. Orange Ave., Ste. 500 Orlando, FL 32804 407-926-4044 Nick A. GERACI

Borack Law Group, P.A. 630 N. Wymore Rd., Ste. 330 Maitland, FL 32751 407-644-8285 PAGE 32

Law Office of Patrick John McGinley, P.A. 2265 Lee Rd., Ste. 100 Winter Park, FL 32789-1858 407-681-2700 Monica T. McWHITE

Law Office of Monica T. McWhite P.O. Box 622851 Oviedo, FL 32765-2851 407-235-5656

Zaeri & Associates, P.A. 390 W. State Road 434, Ste. 102 Longwood, FL 32750 407-788-8548

Patricia A. SIEMEN

Kaufman, Englett and Lynd, PLLC 111 N. Magnolia Ave., Ste. 1500 Orlando, FL 32801 407-513-1900 Clark and Washington, P.C. 3975 S. Orange Blossom Trail Orlando, FL 32839 407-219-5688 6437 Conroy Windermere Rd. Apt. 1114 Orlando, FL 32835-3554 John J. PATINO

JP Law Group, LLC 646 N. Hillside Ave. Orlando, FL 32803 407-770-0550

Law Offices of Elizabeth P. Whitehead, P.A. 5805 Windridge Dr. Winter Haven, FL 33881 888-388-3339

Carlton Fields P.A. 450 S. Orange Ave., Ste. 500 Orlando, FL 32801 407-849-0300 Law Office of Roy L. Wolgamuth, P.A. 507 Charleswood Ave. Orlando, FL 32825 407-545-2299

Affiliates

Connie M. GIBSON

Francis E. PIERCE

Mateer & Harbert, P.A. 225 E. Robinson St. Landmark Two, Ste. 600 Orlando, FL 32801 407-425-9044 Joy RAGAN

The Ragan Law Firm 1015 Maitland Center Commons Blvd., Ste. 106 Maitland, FL 32751 407-447-5080 Monica ROBERTSON UDOKWU

Anderson and Associates, P.A. 1339 W. Colonial Dr. Orlando, FL 32804 407-843-9901

www.orangecountybar.org

Vellon Law Firm, P.L. 1706 E. Semoran Blvd., Ste. 102 Apopka, FL 32703 407-880-8300

Roetzel & Andress, LPA 420 S. Orange Ave., 7th Flr. Orlando, FL 32801 407-425-4255 Gary C. KOCHER

Clark and Washington, P.C. 3975 S. Orange Blossom Tr. Orlando, FL 32839 407-219-5688 William L. MCCALLISTER

Mateer & Harbert, P.A. 225 E. Robinson St., Ste. 600 Orlando, FL 32801 407-425-9044 Michelle L. SAULS

GrayRobinson, P.A. 301 E. Pine St., Ste. 1400 Orlando, FL 32801 407-843-8880 theBriefs March 2011 Vol. 79 No. 3

Law Students

William A. DOIRON

Spessard L. Holland Law Center Room 164 Holland P.O. Box 117621 Gainesville, FL 32611 352-273-0620

Barry University Dwayne O. Andreas School of Law 6441 E. Colonial Dr. Orlando, FL 32817 321-206-5600

4124 Lake Underhill Rd. Apt. 306 Orlando, FL 32803 Sallay JUSU

734 Sherwood Terrace Dr. Apt. #207 Orlando, FL 32818 901-216-7150 Gisele M. NOBLE

7. The Reader

3851 Sutton Place Blvd.

Apt. 604 Winter Park, FL 32792 813-679-0871 Lauren D. WOODRUFF

Barry University School of Law 6441 E. Colonial Dr. Orlando, FL 32807-3650 321-206-5600

FAMU College of Law 201 Beggs Ave. Orlando, FL 32801 772-579-7626

continued from page 27

with others, or create a post-vacation event that showcases the food and drink of their destination – all of which provide great opportunities to bond and develop relationships.

Paula SILVA

Germaine Z. ENGLISH

Rainmaking 101

Stephanie L. SCHAFER

If a passion for reading is your thing, you’ll be gratified to know you can turn this to your advantage in marketing. Many professionals belong to study groups that read business books and discuss them on a monthly basis. These groups can be comprised of other attorneys – especially if they are the group that sends your best business – or other professionals in the community whom you’ve gotten to know because you have clients in common. If no group like this exists in your area, start one. If reading business books sounds too much like work, joining book clubs that focus on fiction and are made up of potential referrers is always an option.

The idea here is simple: don’t make service club meetings your marketing focus if you aren’t genuinely interested in their agendas.

Instead of deciding you don’t have the right personality to market yourself, create a focus for your marketing that inspires you and fits your personality. Never forget that the ability to market yourself gives you power. With power, you can direct your career the way you choose. Do what you enjoy, share it with other people, and the business will follow.

Mark Powers, President of Atticus, Inc., and Shawn McNalis co-authored How Good Attorneys Become Great Rainmakers and Time Management for Attorneys, and are featured marketing writers for Lawyers, USA and a number of other publications. To learn more about the work that Atticus (www.atticusonline.com) does with attorneys or the Atticus Rainmakers™ (www.atticusrainmakers.com) program, please visit or call 352-383-0490 or 888-644-0022.

Upchurch Watson White and Max M EDIATION G ROUP is pleased to announce that

Richard P. Reinhart has been appointed to the firm's mediation panel. Richard brings to our distinguished panel his broad experience in complex business litigation, including contracts, real estate, construction, intellectual property, employment and housing discrimination.

As a shareholder in the Orlando firm of McMillen, Reinhart & Voght, Richard’s practice experience expanded to include professional negligence and serious personal injury. He has served as Special Magistrate for the Complex Business Case Division of the 9th Judicial Circuit since 2008, and is rated A/V by Martindale Hubbell.

rreinhart@uww-adr.com 800-863-1462

www.uww-adr.com

For Upchurch Watson White & Max, the road to resolution is well traveled.

DAYTONA BEACH

theBriefs March 2011 Vol. 79 No. 3

MAITLAND/ORLANDO

www.orangecountybar.org

MIAMI

BIRMINGHAM PAGE 33

Allen & Murphy, P.A. Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A. Anthony-Smith Law, P.A. Billings, Morgan & Boatwright, LLC Bodiford Law Group Bonus McCabe Law Firm BrewerLong, PLLC Burr & Forman LLP Calandrino Law Firm, P.A. Carsten & Ladan, P.A Chaires, Brooderson & Guerrero, P.L. Cohen Battisti, Attorneys at Law DeCiccio & Johnson Dellecker Wilson King McKenna & Ruffier, LLP Dempsey & Associates Dewitt Law Firm, P.A. Diaz Law Didier Law Firm, P.A. Earle & Smith Trial Attorneys Englert, Leite & Martin, P.L. Faddis & Faddis, P.A. Fishback, Dominick, Bennett, Stepter, Ardman Ahlers & Langley, LLP Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A Fowler White Boggs Banker P.A. Giles & Robinson, P.A. Gregory S. Martin & Associates, P.A. Harris, Harris, Bauerle & Sharma Hefley Law Group, P.A. Hilyard, Bogan & Palmer, P.A. Innes Law Firm James H. Monroe, P.A. Jill S. Schwartz & Associates, P.A. King, Blackwell, Downs & Zehnder, P.A. Kirkconnell, Lindsey, Snure, & Ponall, P.A. Korshak & Associates, P.A. Law Office of David Maxwell, P.A. Law Office of Frank G. Finkbeiner Law Offices of Blair T. Jackson, P.A. Law Offices of Neal T. McShane, P.A. Law Offices of Walter F. Benanati Credit Attorney, P.A. Legal Aid Society of the OCBA Lewis & Crichton, Attorneys at Law Lynum & Sanchez, P.A. Marcus & Myers, P.A. Marshall, Dennehey, Warner, Coleman & Goggin, P.A. McElyea & Barnard, P.A. McMichen, Cinami & Demps McMillen Law Firm, P.A. Michael R. Walsh, P.A. Mooney Colvin, P.L.

Morris Legal Group, PLLC Murrah, Doyle and Wigle, P.A. N. Diane Holmes, P.A. Neduchal & MaGee, P.A. Ossinsky & Cathcart, P.A. Page, Eichenblatt, Bernbaum & Bennett, P.A. Quintairos, Prieto, Wood & Boyer, P.A. Ringer Henry Buckley & Seacord, PA Roetzel & Andress, LPA Ruden McClosky P.A. Rumberger, Kirk & Caldwell, P.A. Sawyer & Sawyer, PA Schlegel Law Group SeifertMiller, LLC Smith, Edwards & Canabiss, P.A. Southern Trial Counsel, PLC Stovash, Case & Tingley, P.A. Sublette Law Offices Tangel-Rodriguez & Associates The Aikin Family Law Group The Brennan Law Firm The Carlyle Appellate Law Firm The Carr Law Firm, P.A. The Draves Law Firm, P.A. The Law Office of Frank A. Hamner, P.A. The Law Office of Richard A. Culbertson The Law Offices of Terry L. Bledsoe, P.A. The Marks Law Firm, P.A. The McMahon Law Group, P.A. The Morsch Law Group The Rosenthal Law Firm, P.A. The Skambis Law Firm The Zeini Law Firm, P.A. Troutman, Williams, Irvin, Green, Helms, Polich & Hemphill P.A. Vose Law Firm, LLC Warner + Warner, P.L. Weiss, Grunor & Weiss West, Green & Associates, P.L. Wicker, Smith, O’Hara, McCoy & Ford, P.A. William G. Osborne, P.A. Winderweedle, Haines, Ward & Woodman, P.A Wolff, Hill, McFarlin & Herron, P.A. Wooten, Kimbrough and Normand, P.A. Yergey and Yergey, P.A.

Congratulations to Members of the OCBA’s 100% Club 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.

Certified Circuit Civil Mediator since 1995 Fifth District Court of Appeal Approved Mediator Florida Bar Board Certified Construction Lawyer Complex multi-party matters – Commercial, Real Estate, Construction (407) 422-6100 or contact

cgroover@southerntrialcounsel.com PAGE 34

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association, P.O. Box 530085 • Orlando, FL 32853-0085

EMPLOYMENT

NORTH ORLANDO - AV rated firm with 11 attorneys seeks motivated Assoicate Attorneys for Community Association Law practice including construction litigation, lien foreclosures, covenant enforcement, contracts and opinions. Seeking one associate with 3 years litigation experience and one associate with 3 years varied experience including litigation.

Successful candidates will have excellent research, writing and client service skills. Excellent benefits and working conditions. Send resume to bhart@ taylor-carls.com or Taylor & Carls, PA, 150 N. Westmonte Drive, Altamonte Springs, FL 32714.

“AV” RATED CIVIL LITIGATION FIRM seeking litigation attorneys for our Orlando office. Minimum 5 years litigation experience. Strong advocacy skills required. We offer competitive salary, plus comprehensive benefits package.

Send resume to: Hiring Partner, Ogden, Sullivan & O’Connor, PA, 113 S. Armenia Avenue, Tampa, FL 33609, or to cbostic@ogdensullivan.com PUERTO RICO/FLORIDA COMMERCIAL LITIGATION FIRM seeks Florida licensed attorney also licensed in Puerto Rico for firm’s Tampa Bay area office. Outstanding academic credentials and successful employment history required.

Occasional travel to firm’s PR office may be required. Position offers highly competitive compensation package along with immediate client contact and major case responsibility. All inquiries will be treated with the utmost confidentiality. Please send your resume to lawofficehr@yahoo.com FLAGLER/PALM COAST LAW FIRM established in 1973, is seeking to expand its practice and practice areas through either merger or office sharing arrangement with an existing practice or hiring qualified associate with 2-3 years Florida experience. Significant growth potential. Email resumes to info@palmcoastlaw.com or call at (386) 445-8900. Visit our website at www. palmcoastlaw.com SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/ tort litigation seeks attorneys with 3-5 and 5-10 years litigation experience 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 IF YOU ARE MOTIVATED, have a strong work ethic, and take pride in being part of a successful team – this is for you. FAMILY LAW associate with 2+ years experience sought by well-established Orlando law firm

theBriefs March 2011 Vol. 79 No. 3

offering great opportunity. Bilingual (Span/Eng). Criminal law experience is a plus. Email resume to admin@ LongwellGentle.com.

ORLANDO FIRM SEEKS BILINGUAL ATTORNEY with 2-4 years experienced personal injury attorney for our trial team. Outstanding opportunity to join growing dynamic firm with excellent benefits and compensation package. Send resume in confidence to reply box 701.

DOWNTOWN ORLANDO AV RATED FIRM seeks attorney with 2 years commercial litigation experience.

Great work environment and excellent benefit package. Send resume in confidence to Administrator, P.O. Box 3388, Orlando, Florida 32802-3388 EXPERIENCED COMMERCIAL LITIGATION PARALEGAL NEEDED for very busy downtown Orlando law firm with growing commercial litigation practice.

Foreclosure, construction litigation, and title claims litigation experience is a plus. Must be able to draft some pleadings and have a pro-active attitude toward work assignments. Great work environment and competitive salary and benefits. Send resume in confidence to jholt@southmilhausen.com or via facsimile to (407)539-2679

O F F I C E S PAC E SHARED

DOWNTOWN ATTORNEY OFFICE AVAILABLE-one office in shared suite. Full service including receptionist, copy machine, fax machine, conference rooms, telephone, long distance, etc. $795 per month/ negotiable. Call Cori at 407-956-1000.

SHARE NEWLY RENOVATED OFFICE DOWNTOWN Class A Bldg. - Covered Parking - Conference Room - All Facilities Included. Please contact Eddie Reiss at 407-447-5884 or emrholdings@aol.com.

DOWNTOWN ORLANDO LAW FIRM- Space Share: Large luxury offices with 2 to 4 paralegal stations, best views, telephone service (including LD), DS3 internet, copier, fax, 3 conference rooms, network, receptionist, kitchen, and parking included. (407) 425-5775 HISTORIC BUILDING DOWNTOWN …on Lake Lucerne…shared office space available.

Good parking…contact Bsantiago@ floridalawonline.com

O F F I C E S PAC E FOR SALE/ RENT/LEASE

OFFICE BLDG FOR SALE / LEASE: Near intersection of Kaley

& Ferncreek Ave. Convenient to Downtown &/or Juvenile Ct. on Michigan St. 1600 sq. ft. Open floor plan with separate executive office and conference room. Recently renovated and ready for occupancy. Call John @ (407) 222-6712 VIRTUAL OFFICE SPACE AVAILABLE-convenient downtown location. Full service including receptionist, mail service, conference rooms, fax machine, copy machine, etc. Package rates available-customize according to your needs. Call Cori at 407-956-1000 for pricing and more details.

802-3223 to inquire.

DOWNTOWN – NEAR COURTHOUSE - Elegantly restored historic building on the corner of E. Pine and Court Street. Offices for 1-6 attorneys and staff. Share receptionist, conference rooms, etc. 407-426-2060 or tmhoepker@yahoo.com FURNISHED SUITES – near downtown, free-standing bldg w/ dedicated parking, includes phone, Internet, utilities, conf room, lobby area and secretarial space. Monthly lease. $1000 – Call Becki at 407-481-2888. www.BumbyOffices.com Budgen Law Group RFN

OFFICE SPACE AVAILABLE FOR RENT. Approximately 1,537 sq ft., with furniture, phone system, receptionist area and 4 window offices, 2 large enough for attorneys and 2 for paralegals. Attorneys preferred. Please contact Denise Singler at 407-578-1334 or e-mail denise@boginmunns.com.

PROFESSIONAL SERVICES

OFFICE SPACE IN DOWNTOWN ORLANDO FOR RENT All-Inclusive, Fully Furnished Office For Rent. Includes, Receptionist, Phone, Internet, Conference Rooms, Parking, Beverages, Kitchen. Please call Angela at 407-447-1919 for Details. www. bizhubclub.com

THE LEGAL MEDICINE GROUP - “Excellence in Medical Records PreScreening Reviews and Affidavits”. * Litigation Support Services * All Board Certified Reviewers and Expert Witness * Medical Malpractice, Personal Injury and Product Liability * 407-790-4080 legalmedicinegroup@yahoo.com www. legalmedicinegroup.com

OFFICE BUILDING/SPACE: DOWNTOWN - Completely Renovated and Upgraded Old TwoStory House (Circa 1919), Hardwood Floors//Wood Trim, parking - Must See. (407) 648-1500 BEAUTIFUL NEW OFFICE SUITES Downtown Winter Park - all amenities avail 4 offices - rent 1 or more $500 - $1500/mo Becky 407-645-3735 LARGE OFFICE SUITE FOR RENT: Excellent Downtown Orlando location, free standing building, includes reception service, telephone, copier, fax, conference rooms and free parking.

Call Sandy at 407-843-7060.

INDIVIDUAL PROFESSIONAL OFFICE SPACE in small established law firm in Maitland for sublease.

Printers, copier, fax and internet included. Conference room. Free on-site parking. Potential for shared receptionist. $800.00 per month.

Available immediately. Contact Theresa Strickland 407-622-6544

APPELLATE BRIEF WRITING – both civil and criminal. Competitive rates. Contact Katharine Ballingrud. khballin@gmail.com; (407) 514-2621.

AFFORDABLE PRE-TRIAL FOCUS GROUPS - Focus groups help attorneys develop a compelling theme; identify memorable catch phrases which can sum up your case; allow you to listen to “real people” discussing the elements of the case; and help in jury selection—At half the price of mock trials. Contact The Kitchens Group 407-622-0210; www. thekitchensgroup.com.

CLASSIFIED & DISLAY Ad PLACEMENT:

Please contact

William Remensnyder

williamr@ocbanet.org

407-422-4551 • ext. 225

DOWNTOWN OFFICE LEASE 1000 Sq Ft $1200.00/mo, Colonialtown South, Stand alone, plenty of parking, 407-895-7557 OFFICE SPACE FOR RENT DOWNTOWN! Two single offices for rent in 2300 ft2 law office. Basic furniture, telephone, internet and utilities included. Free parking. Conveniently located downtown, walking distance to courthouse! Call Karlyn Hylton at 407-

www.orangecountybar.org

PAGE 35

OCBA Professionalism Luncheon

OCBA CALENDAR March - April 2011

March

Leon Handley, Robert Magill Thursday, March 24, 2011 RSVP by Friday, March 18, 2011 to: reser vations@ocbanet.org

Sponsored by Marsh U.S. Consumer, a service of Seabury & Smith, Inc.

Real Property Law Committee

12:00 p.m. • Bar Center

17 18

YLS Luncheon 11:45 a.m. • See YLS email blasts.

2

Business Law Committee Seminar

Florida Commercial Real Estate Family Law Committee Seminar

Receiverships Get To Know Judge Tim Shea

3.5 CLE pending upon approval by

12:00 p.m. • Bar Center The Florida Bar Solo & Small Firm Major Seminar 10:30 a.m. • Bar Center

Financial & Time Management Issues: Federal Judicial Relations

The Know-How for Attorneys 12:00 p.m. • Judge Conway’s Chambers

9:00 a.m. • Bar Center Judicial Investitures LAS Lunchtime Training Judges White, Murphy and Myers

Weathering Termination in Parental Rights 3:30 p.m. • Sheraton Downtown in Dependency Cases 12:00 p.m. • Comerica Bank Intellectual Property Committee

Law Committee Seminar 1 5 Family Get to Know Judge Jenifer Davis

22

3 4

8

12:00 p.m. • Bar Center

OCBA Annual Gala 16 Celebrating LAS 50 Anniversary th

6:30 p.m. • SunTrust Center, Downtown

Professionalism Committee 19 12:00 p.m. • Bar Center Construction Law Committee Seminar 20

Practical Aspects of Construction Scheduling

12:00 p.m. • Bar Center

Elder Law Committee 12:00 p.m. • Bar Center

Leon Handley, Robert Magill 11:30 a.m. • Church Street Ballroom Sponsor: Marsh U.S. Consumer, a service of Seabury & Smith, Inc.

Estate Guardianship & Trust Committee 9

12:00 p.m. • Bar Center

Judicial Relations Committee 12:15 p.m. • Courthouse 23rd Flr. Judicial Conference Rm.

OCBA Luncheon 21

Law Week

11:30 a.m. • Church Street Ballroom

Criminal Law Committee 22

12:00 p.m. • Courthouse Jury Assembly Rm. Solo & Small Firm Seminar 26 Basics of Estate Planning

Bankruptcy Law Committee 25 12:00 p.m. • Bar Center

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

Criminal Law Committee

12:00 p.m. • Courthouse Jury Assembly Rm.

Brown Bag Lunch with Judge J.M. Kest 10

Professionalism before the Bench

12:00 p.m. • Bar Center

April

12:00 p.m. • Courthouse 23rd Flr. Judicial Conference Rm.

LAS Lunchtime Training (GAL topic)

Making the Forever Family: Adoption Finalization in Dependency Cases 12:00 p.m. • Comerica Bank

Paralegal Section 1 Food for Thought Seminar

Real Property Law Committee

12:00 p.m. • Bar Center

Appellate Law Committe 27

12:00 p.m. • Bar Center

11:30 a.m. • Bar Center

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

Business Law Committee 6 12:00 p.m. • Bar Center

11

National Crime Stop Program How Not to Become a Victim of Identity Theft 11:30 a.m. ∙ Bar Center

Labor & Employment Committee 12:00 p.m. • Bar Center

Criminal Law Committee Seminar 12:00 p.m. • Bar Center

YLS Luncheon 28 12:00 p.m. • Citrus Club Bankruptcy Law Committee 29 12:00 p.m. • Bar Center

Family Law Executive Committee 8 11:45 a.m. • Houlihan’s

Family Law Executive Committee 11:45 a.m. • Houlihan’s

Workers’ Compensation Committee 11:45 a.m. • Smokey Bones

Workers’ Compensation Committee 11:45 a.m. • Smokey Bones

Professionalism Committee 15 12:00 p.m. • Bar Center Elder Law Committee 16 12:00 p.m. • Bar Center

Judicial Relations Committee

Rule 2.420 Concerning the Redaction of Confidential Information 2:00 p.m. • Bar Center

Guardianship & Trust Committee 1 3 Estate 12:00 p.m. • Bar Center

Construction Law Committee 12:00 p.m. • Bar Center

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

Insurance Law Committee Seminar

Private Recovery of Damages to Public Waters: A Tidal Wave of Limitless Liability?

12:00 p.m. • Bar Center

12:00 p.m. • Bar Center

Appellate Law Committee 23

12:00 p.m. • Bar Center OCBA Luncheon 24

Professionalism Luncheon

LAS Lunchtime Training

Family Law Rules and Forms Update 12:00 p.m. • Comerica Bank

PAGE 36

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

Bag Lunch with Judge J.M. Kest 1 12:00 4 Brownp.m.

• Courthouse 23rd Flr. Judicial Conference Rm.

www.orangecountybar.org

theBriefs March 2011 Vol. 79 No. 3

ARE YOU

ACCOUNTABLE

FOR

YOUR WORK?

Do you ask your clients to pay for your mistakes?

Health Care Providers should be accountable for their mistakes.

At Gunn Law Group, P.A.,

we believe in accountability.

We are honored to receive the vast majority of our case referrals from fellow Bar members, with whom we share fees in accordance with the Bar Rules.

• Insurance Coverage • Bad Faith • Serious Personal Injury ADVOCATING FOR JUSTICE

• Product Liability • Medical Malpractice

4 0 0 N . A s h l e y D r i v e / S u i t e 2 0 5 0 / Ta m p a , F L 3 3 6 0 2 8 1 3 - 2 2 8 - 7 0 7 0 / 8 6 6 - G U N N L AW / w w w. g u n n l a w g r o u p . c o m

PRSRT STD U.S. POSTAGE PAID ORLANDO FL PERMIT 2530

880 North Orange Avenue Orlando, Florida 32801

DEFECTIVE? It may not be your current theory, but it could be your case.

If you think a product defect caused your client’s catastrophic injuries, we can help. Didier Law Firm is a statewide trial firm focused solely on products liability cases. We are committed to devoting the time, resources and knowledge to maximize your potential case.

You have a partner in products.

You may have a product defect case.

ASK THE QUESTION. Call 407.895.3401 or visit ProductSafetyAttorneys.com Let us evaluate your product defect claim today.

1203 North Orange Avenue • Orlando, FL 32804

© 2009 InfinaLaw