Orange County Bar Association - The Briefs - March 2015

Herbert Lee Allen, Jr., Esq. William Trickel, Jr. Professionalism Award

The Honorable Bob LeBlanc James G. Glazebrook Memorial Bar Service Award

Inside this Issue: President’s Message Interconnectivity Through Professionalism Nicholas A. Shannin, Esq.

March 2015 Vol. 83 No. 3

Professionalism Committee

OCBA 2015 Professionalism Award Recipients

Anthony “Tony” Sos, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

InnSider Lady Justice Brings Moral Messages on Greed and Gluttony to Inn of Court Members The Honorable Faye L. Allen Protecting Intangible Value Robert B. Morrison, ASA BV/IA

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theBriefs March 2015 Vol. 83 No. 3

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Contents 3

President’s Message Interconnectivity Through Professionalism Nicholas A. Shannin, Esq.

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Legal Aid Society GAL Teaching Tips GAL Collaboration Can Bring Bright Results to Dark Dependency Cases Bethanie A. Barber, Esq.

Professionalism Committee OCBA January Luncheon OCBA 2015 Professionalism Award Recipients

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the Briefs ©2015

Co-Editors Vincent Falcone, Esq. & Carrie Ann Wozniak, Esq. Associate Editors David A. Meek, Esq., Elizabeth Collins Plummer, Esq. & Téa Sisic, Esq.

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Hearsay Columnist Christine A. Wasula, Esq.

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YLS on the Move Law Week Luncheon Chanel A. Mosley, Esq. Law Week 2015 Magna Carta: Symbol of Freedom Under Law

Paralegal Post InnSider Service With a Smile Lady Justice Brings Moral Messages on Greed Sara Spangler and Gluttony to Inn of Court Members Samantha Fast The Honorable Faye L. Allen Garrett Marcum

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Side Bar Columnist Sunny Lim Hillary, Esq. YLS Columnist Chanel A. Mosley, Esq. w OFFICERS Nicholas A. Shannin, Esq. President Jamie Billotte Moses, Esq. President-Elect Wiley S. Boston, Esq. Treasurer Elizabeth F. McCausland, Esq. Secretary w EXECUTIVE COUNCIL Linda Drane Burdick, Esq. Philip K. Calandrino, Esq. Richard S. Dellinger, Esq. Mary Ann Etzler, Esq. A. Felipe Guerrero, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Ryan Williams, Esq. Paul J. Scheck, Esq. Ex Officio Karen L. Persis, Esq. YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch

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Protecting Intangible Value New Members Robert B. Morrison, ASA BV/IA

Rainmaking Clerk’s Corner Inspect What You Expect – Part 2 Online Electronic Records Access Update Michael Hammond, Esq. Tiffany Moore Russell, Esq.

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A Snapshot: Diversity Mentoring Picnic 2015

Announcements

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Classifieds

Vicarious Liability for Dangerous Instrumentalitites Caroline Johnson Levine, Esq.

Legal Aid Society Teaching Tips Legal Aid Society and Foreclosure Assistance: How Do We Do It? Michael L. Resnick, Esq.

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40 Calendar

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Legal Aid Society What We Do...

Intake, Outreach, and Community Education Report for 2014 Larri T. Thatcher, Esq.

Communications Assistant Nancy Barnette Marketing & Sponsorship Coordinator Amanda Nethero

DEADLINE INFORMATION

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

All contents ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Beohm, Boehn & Boehm ISSN 1947-3968

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Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-422-4551 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-422-4551 Young Lawyers Section 407-422-4551

theBriefs March 2015 Vol. 83 No. 3

President’sMessage

March 2015 I Nicholas A. Shannin, Esq.

Patrick Swayze and his wife, Lisa Niemi, arrive at the 1989 Academy Awards ceremony.

Photo by Alan Light.

Interconnectivity Through Professionalism

of his or her attendance and receive promised in my very first Allen, Sos, LeBlanc President’s Message that a fu- Three stars in our firmament an hour’s worth of ethics CLE credit.

Be sure to RSVP through the OCBA ture message would reference Store since seating is limited! the classic Patrick Swayze mov- Professionals all ie Roadhouse and how it related Because I feel safe in guessing that none of these to professionalism. Read on to get there, but first three esteemed award winners will discuss the an explanation as to why the topic of profession- movie Roadhouse, the subject is wide open for me! alism is so worthy of our utmost focus.

Even in this spectacularly grade B movie, a lesOne of the most important strands in the tapestry son in professionalism is given by a head bouncer that connects all attorneys is the way that we han- named Dalton (Patrick Swayze), who provides dle ourselves while engaged in the art of lawyer- three simple rules by which his staff of bouncers ing. Professionalism is not a nebulous concept de- learn to transform a honky-tonk bar into a classy noting things done by lawyers of yesteryear. There establishment. Those three rules, and the applicaare youthful practitioners tions to our practice, are as follows: who exude professionalism 1) Never underestimate your opponent: Expect and there are venerable at- the unexpected. In our profession, being pretorneys wont to decry lapses pared, expecting the unexpected, is critical to proin professionalism while fail- fessionalism and good practice. Similarly, treating ing to note the cracks within opposing counsel with respect is important for their glass domiciles. reasons both strategic and professional.

Last month the OCBA host- 2) Take it outside. Snide comments, outright ated its first-ever Theater Night tacks on counsel or – heaven forbid! – on the trial (thanks to organizer Suzanne judge, should never take place inside the courtGilbert, Esq. of Holland + room or within the four corners of a pleading.

Knight). The performance: Take it outside: Call your opposing counsel to To Kill a Mockingbird, with discuss your frustration, or better still, invite him our favorite model of pro- or her to lunch. Or write it on a letter and then fessionalism, Atticus Finch, center stage. It was a discard it. When invectives appear on a pleading powerful reminder of the truism that trouble has or worse, on a transcript, always been in our world, and that a lawyer who that is when your legal puts honor and service ahead of self can be the practice moves from “classy best means to confront that trouble. establishment” to “honkytonk” quickly.

This is why we celebrate professionalism. Not to grandstand or to add accolades to those who un3) Be nice. Dalton’s bouncdoubtedly have accumulated many. Instead, it is ers puzzled at this one, too, to promote everywhere, inside our profession and but this simple, two-word out, the ideals that we cleave to that are so impormaxim is absolutely estant to ensure that our profession is one worthy of sential to professionalism Atticus for ourselves and our community.

John R. Hamilton, Esq. everywhere. My friend, the So it is that we will all gather together in March to late, great John Hamilton, Esq. practiced this celebrate professionalism with a first-ever, stand- provision religiously, always offering aid to coalone professionalism award ceremony. Please join counsel, colleagues, or opposing counsel with us on March 27 at 1:30 p.m. in the Jury Room of equal measure. His belief was that there was no the Orange County Courthouse where Herb Al- accommodation requested by opposing counsel len, Esq. will receive the William Trickel, Jr. Pro- that should ever be denied, be it a third extension, fessionalism Award; Tony Sos, Esq. the Lawrence to deem a late brief timely filed, or anything else.

G. Mathews, Jr. Young Lawyer Professionalism Never would he say, “I’d like to, but my client Award; and Judge Bob LeBlanc the James G. Gla- won’t let me.” Hamilton’s rule, that one should zebrook Memorial Bar Service Award. As a bonus, always say “yes,” is our parallel to Dalton’s third all attendees of this free celebration of professional- rule: Be nice. ism will also be entitled to inform The Florida Bar continued page 7

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ProfessionalismCommittee

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OCBA 2015 Professionalism Award Recipients

he Orange County Bar Association strives to increase the civility and professionalism of its members by offering seminars, writing articles for The Briefs, and reaching out to local law schools, elementary, middle, and high schools and the community with activities that promote the profession and our system of justice. Through our annual professionalism awards, we recognize three members of the legal community whose practice, service, professionalism, ethical conduct, demeanor, and high moral standards best embody the qualities we all seek to emulate. The following individuals are this year’s award recipients.

The Honorable Bob LeBlanc

Herbert Lee Allen, Jr., Esq.

Anthony “Tony” Sos, Esq.

Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Anthony “Tony” Sos, Esq., Dellecker, Wilson, King, McKenna, Ruffier & Sos, is an outstanding young attorney and community leader who embodies the highest professional and ethical standards. He earned his law degree from the University of Florida in 2003 and his undergraduate degree in legal studies from the University of Central Florida. He is a member of The Florida Bar, the Florida Justice Association, and the American Association for Justice.

An active member of the Orange County Bar Association, Tony served as president of the Young Lawyers Section (YLS) from continued page 6 continued page 6 2012-2013. In nominating Tony, Liz McCausland, Esq., Liz McCausland, P.A., cited excerpts from a nomination submitted by Paul Brown, former chair of the board of directors of United Cerebral Palsy of Central Florida, for Orlando Business Journal’s 40 under 40 recognition. Liz and those who nominated Tony all agree with Paul’s assessment of Tony’s professionalism Friday, March 27, 2015 both within the legal community and in 1:30 p.m. - 3:30 p.m. the service organizations to which he volOrange County Courthouse Jury Assembly Room unteers his time.

425 N. Orange Ave., Orlando, Florida 32801 As the 2012-2013 YLS president, and unPlease join us in honoring the recipients of this year’s professionalism awards der his responsible leadership, a renewed Herbert L. Allen, Esq.  William Trickel, Jr. Professionalism Award energy was ignited among its members, netting unprecedented results. YLS memAnthony F. Sos, Esq.  Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award bership grew dramatically, and member The Honorable Bob LeBlanc  James G. Glazebrook Memorial Bar Service Award participation increased. Attendance at the YLS monthly luncheons grew by more Each of the recipients will be giving brief remarks, and a reception will follow. than 300 percent, and more than $50,000 We invite all OCBA members and their guests to attend this special event at no charge. was raised for local charities at YLS comAttendance during the remarks provides 1.0 CLE, including 1.0 CLE in ethics. munity outreach events such as Backpack Project, Great Oaks Village Project (foster RSVPs are required by March 20. Register at the OCBA Store – OCBA Events. home for abused and neglected children), Holidays in January, Spelling Bee for Adult (Reminder: There will be no OCBA Luncheon in March.)

Literacy League, Cancer Relay for Life, and IDignity. continued page 6 the PAGE 4 www.orangecountybar.org Briefs March 2015 Vol. 83 No. 3

James G. Glazebrook Memorial Bar Service Award Ninth Judicial Circuit Judge Bob LeBlanc, who was elected to the bench in 2006 and reelected in 2012, has worked within the profession and in the community championing the ideals of judicial professionalism for many years.

Nurturing young lawyers and youth interested in a legal career is paramount to Judge LeBlanc. He currently mentors young lawyers within the Central Florida Family Law Inn of Court, of which he is an active participant. He serves as a volunteer judge at local high school and college mock trials. Judge LeBlanc’s critical work among

William Trickel, Jr. Professionalism Award Herbert Lee Allen, Jr., Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., has been a member of The Florida Bar for more than 40 years. During his professional career, he has been unyielding in his passion for practicing law at the highest professional standard. He has been recognized in the Best Lawyers of America as the “Orlando Patent Law Lawyer of Year” in 2013 and is ranked in the Top 100 Lawyers in Florida for Intellectual Property Law. Herb is recognized as a Florida Super Lawyer and has been listed in Florida Trend Legal Elite and Orlando magazines’ “Best Lawyers” for many years. While these honors and accolades may be enough for most practicing law-

Orange County Bar Association 2015 Professionalism Awards Presentation & Reception

Law Week LuncheonThursday, April 23, 2015 Law Week 2015 Magna Carta: Symbol of Freedom Under Law

P

erhaps more than any other document in human history, Magna Carta has come to embody a simple but enduring truth: No one, no matter how powerful, is above the law.

In the eight centuries that have elapsed since Magna Carta was sealed in 1215, it has taken root as an international symbol of the rule of law and as an inspiration for many basic rights Americans hold dear today, including due process, habeas corpus, trial by jury, and the right to travel.

As we mark the 800th anniversary of Magna Carta, join us today to commemorate this “Great Charter of Liberties,” and rededicate ourselves to advancing the principle of rule of law here and abroad.

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ProfessionalismCommittee continued from page 4

The Honorable Bob LeBlanc

James G. Glazebrook Memorial Bar Service Award (continued) youth includes a long history of volunteering with Teen Court and serving on its fundraising committee (Teen Alternatives, Inc.). Judge LeBlanc also serves on the Advisory Board of Barry University School of Law, Orlando.

Richard S. Dellinger, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A., states that “Judge LeBlanc is not just an excellent judge, he is also committed to the practice of law and the community,” adding that “he is always available to serve on a panel, to give a speech, and to serve the bar wherever he is needed.”

Judge LeBlanc is a familiar face at local bar functions and is a cheerleader for local bar participation among fellow members of the judiciary.

He can be found attending CFAWL and YLS luncheons and participating on local bar committees, as well as serving on various civic committees within the community.

Kate McMillan, Esq., Office of the Public Defender, Ninth Judicial Circuit, notes that Judge LeBlanc is “extremely good with young, inexperienced attorneys.” He maintains a positive dialogue with counsel and defendants in an effort to foster respect for the legal system. His professionalism promotes a supportive atmosphere, Kate notes.

“Judge LeBlanc has an even personality, is never rude, and is always cordial to all counsel and litigants. He treats all attorneys and pro se litigants evenly,” and makes them feel that “someone is interested in and listening to their case,” notes Camy Schwam-Wilcox, Esq., Camy Beth Schwam-Wilcox & Associates. She further comments, “His rulings are knowledgeable and consistent.”

Richard West, Esq., West, Green & Associates, PL, echoes Camy’s observations and adds: “Judge LeBlanc appropriately controls the emotions of the courtroom when things get heated.

I have never seen him lose patience.” He further notes that in social settings, “[w]hen the topic turns to the practice of law, he displays, to me at least, an ‘old school’ attitude regarding civility, integrity, and respect for the system.”

Tad Yates, Esq., Law Office of Tad Yates, P.A., comments that Judge LeBlanc “brings some appropriate levity to the bench, which eases the tension in the courtroom.”

Those who nominated Judge LeBlanc for this accolade heartily affirm that he embodies the integrity, civility, respect, and professionalism for which the James G. Glazebrook Memorial Bar Service Award stands.

Herbert Lee Allen, Jr., Esq.

William Trickel, Jr. Professionalism Award (continued) yers, Herb has never rested on his laurels. At a time in his career when many others would be slowing down, he continues to give back to the profession and community at a pace few other lawyers could imagine, much less lawyers practicing for over forty years. Herb continues to preach that as a member of The Florida Bar, lawyers have a higher obligation to the community than merely practicing law.

Herb Allen is a proud Fellow of The Florida Bar Foundation and has been an active participant in the Orange County Bar Association’s Legal Aid Society for decades. His pro bono contributions as a Guardian ad Litem for abused and neglected children spans twenty-five years of service. He has devoted more than 3,100 hours acting as a voice for over 291children. His hard work in this capacity has been recognized statewide as a recipient of the prestigious Tobias Simon Pro Bono Service Award for outstanding commitment “above and beyond the call of duty to serve the legal community,” as well as the OCBA’s Judge J.C. “Jake” Stone Distinguished Service Award, the Individual Award of Merit, the Law Firm Award of Merit, and The Florida Bar President’s Pro Bono Service Award

for the Ninth Judicial Circuit. Herb currently serves as GAL for nine children and makes himself available to take Legal Aid cases.

Nurturing new lawyers is an important aspect of Herb’s endeavors. He is an adjunct professor at the University of Florida College of Law, devoting many hours mentoring students in intellectual property and patent law.

Judge John Antoon, II, U.S. District Court Middle District of Florida, describes Herb Allen as a “consummate professional.” In a memorable case before Judge Antoon’s court, Herb “treated his adversary with respect and courtesy, making every effort to amicably resolve any discovery, evidentiary, or pretrial dispute before trial began.” Herb’s professional approach was so successful, that over the five-day trial, Judge Antoon was asked to rule on only five objections, serving as an important lesson to young lawyers, some of whom believe the practice of law requires contentiousness to be successful.

It is the opinion among his peers that Herb Allen embodies the epitome of the highest ethical standards, moral standards, and professional behavior that should be the standard of the entire legal community.

Anthony “Tony” Sos, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award (continued) Tony currently serves on the OCBA Executive Council and is co-chairing Law Week, stepping up to the plate for the second time. He has been an active supporter of the YLS mentoring program and has logged many pro bono hours over the past nine years as a Guardian ad Litem (GAL).

Community presence extends to serving on the board of directors for United Cerebral Palsy (UCP) of Central Florida, volunteering with the Give Hope Foundation, and board membership of Silver Lake Elementary School Foundation.

Tony has been recognized multiple times as a “Florida Super Lawyer Rising Star” by Law & Politics, as well as an “Up and Coming Legal Elite” by Florida Trend. Most recently, Tony was asked to be a contributing writer for Law Practice Today, the monthly webzine of the ABA Law Practice Management Section.

Tony has earned the respect of his peers and he serves as an excellent role model for other up and coming legal professionals in Central Florida.

“Tony brought and brings the ‘voice of reason’ and an incredible work ethic. Tony raises to the next level every organization or project that he gets involved with,” notes Kristopher Kest, Esq., Kest Family Law, P.A. In addition to his distinguished courtroom success as a personal injury attorney, “Tony is an active citizen who seeks out leadership opportunities, challenges the status quo, and dedicates his time and resources to making a positive difference. He embodies the highest professional and ethical standards and always strives to do the right thing for the right reason,” says Paul Brown.

Excerpted from nomination submissions on behalf of the OCBA Professionalism Committee.

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President’sMessage continued from page 3

So whether your polestar is Atticus, Hamilton, or our bouncer/philosopher Dalton, keeping professionalism at the forefront of everything we do will make us better lawyers and better our craft for everyone we work with.

Congratulations to our professionaltheBriefs March 2015 Vol. 83 No. 3

ism award winners, and I hope to see you all at the ceremony on March 27th!

Nicholas A. Shannin, Esq., Board Certified Appellate Attorney at Shannin Law Firm, P.A., practices appellate and governmental law and serves as a Certified Circuit, Appellate, and Federal Mediator. He has been a member of the OCBA since 1994. www.orangecountybar.org

“Professionalism is like love: it is made up of the constant flow of little bits of proof that testify to devotion and care. Everything else is pretension or incompetence.”

– Tomislav Šola

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InnSider

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Lady Justice Brings Moral Messages on Greed and Gluttony to Inn of Court Members

he George C. Young Inn of Court pupilage group emphasis for the 2014-2015 year highlights immoral traits and illustrates how these traits can affect the practice of law. Pride, envy, gluttony, lust, anger, greed, and sloth are classically known as the seven deadly sins, or cardinal vices in Christian ethics. Each of these unfortunate human attributes can easily be identified as part of a lapse in professional ethics required for lawyers.

The Honorable Faye L. Allen

The topic of the term’s presentations is entitled, “Ethically Navigating Professionalism’s Inferno: The Seven Deadly Sins and How to Avoid Them in Daily Practice.” In our first presentation of the year, the pupilage group that I chaired presented what I hope was a unique perspective on two of the deadly sins – greed and gluttony – as elements to be aware of during an attorney’s representation of clients.

In a series of vignettes, we demonstrated how Lady Justice would address attorneys whose greed or gluttony had adverse effects on their ability to provide justice in the representation of their clients.

So what role does Lady Justice, an iconic symbol, but still just a symbol, have in affecting the subjective feelings that attorneys have about their own ethical conduct? If we stop and think about it, every legal professional is, or should be, aware of the significance of Lady Justice. She is the symbol of the judicial system, often depicted in images throughout courthouses all over the country. Miniatures of the statue are given as gifts to students, lawyers, and judges for graduation, investitures, and other special occasions. I have two such statues myself as well as a beautiful set of the scales of justice. In courtrooms in the Ninth Judicial Circuit, the banner “Equal Justice Under the Law” is prominently displayed as a backdrop to the judge’s bench. Lady Justice’s high visibility and the values she represents make her the ideal messenger in instances of unethical or unprofessional conduct.

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www.orangecountybar.org

The iteration of Lady Justice in the legal profession interposes the values we place on justice with the symbolism of the badges she carries. The blindfold represents objectivity and impartiality in the sense that justice will be meted out, regardless of race, status, wealth, politics, or any factor other than justice itself. The scales, referred to as “the scales of justice,” represent the balanced weighing of each side of a case, and the sword represents justice’s power and the ability to enforce. Before we became law students, and certainly upon joining the profession, we understood that lawyers and judges often rely upon these depictions to describe the legal system in our interactions with others.

The effective administration of justice does not begin and end in the courtroom. There are community expectations that the ideals justice symbolizes will be evident in the administration of all aspects of the legal system. It is important to consider how an individual client – a part of the community that is most impacted if there is a lapse in ethics – views the administration of justice.

The pupilage group discussed just this point and related issues affecting the perception of justice by spotlighting the interaction between lawyer and client in office conferences. In these office conferences the client, seeking the lawyer’s assistance and following the advice of counsel, was later disappointed when the attorney was unable to effectively deliver what the lawyer had stated in initially gaining the trust of the client. In these instances, the lawyers were consumed with making money, gaining more clients than the attorney could handle, and substance abuse issues, all of which impacted the attorney’s ability to adequately represent the client’s interests.

By discussing the importance of preparing cases, managing caseloads, overseeing legal staff and assistants, and learning how to effectively disagree with judges’ rulings, how to avoid maligning other attorneys, and how to recognize substance abuse, the pupilage group engaged other members of the George C. Young Inn of Court in ways to avoid these perils. Some of these questions did not have easy answers and were subject to much discourse.

For example, the group had a lively discussions regarding questions such as how to draw the line between telling your client something that impugns the qualifications and integrity of a judge

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versus advising a client of how a judge is likely to rule on a specific issue and whether it is unethical to truthfully highlight your capabilities while noting the lack of expertise of another attorney.

The fact is that lawyers face questions of what is proper and what is unethical in conferring with their clients and potential clients on a daily basis. How these issues are handled can impact the administration and perception of justice from the time of the initial office conference. While the answers may not always be clear, the pupilage group, along with Lady Justice, allowed for members of the Inn of Court to reflect on the failure of justice that occurs when attorneys say or do unethical things in the presence of their own clients.

Unethical conduct whether due to greed, gluttony, or similar vices in the office setting is no less unjust than any other injustice within the legal system and can have a grave effect on clients and the courts. This conduct colors the perception the public has of the legal system. Hopefully the impression we were able to leave with our visit from Lady Justice is that the pursuit of justice is a principle that – for the attorney – starts from the moment the attorney meets with a client.

The Honorable Faye L. Allen, Ninth Judicial Circuit County Court judge, is a member of The George C. Young Inn of Court board and serves on its reporting committee. She has been a member of the OCBA since 2003.

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The George C. Young American Inn of Court is currently accepting nominations for the 2015 Arnie

Wilkerson Memorial Court Service Award.

This award honors individuals (excluding lawyers and judges) working in the judicial system who display the highest standards of character, integrity, and ongoing dedication to the judicial system. Past recipients have been long-term models of excellence in their work within the judicial system and have also been extremely active in some dimension of community service outside of the judicial system.

The winner of this award will receive a plaque and $500, and will have his/her name added to a plaque hanging outside the Roger Barker Memorial Courtroom on the 23rd Floor of the Orange County Courthouse.

The due date for nominations is April 15, 2015. If you are interested in submitting a nomination, please contact Roger Handberg at handberg@mindspring.com to obtain a nomination form.

www.orangecountybar.org

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SpecialFeature

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Protecting Intangible Value

ver wonder how a business with virtually no historical earnings may command significant investor demand (think Facebook) and create unfathomable wealth? And why does a release of seemingly inconsequential bad news or a “just-missed” earnings report send a company’s stock into a tailspin? The answer is intangible, literally.

Robert B. Morrison, ASA BV/IA

During the past 30 years, tangible value of the S&P 500 companies has been replaced by intangible value. While intangible assets are typically much riskier than tangible assets, they also are capable of providing much greater investment returns than tangible assets. Intangible value is much more than the concept of goodwill. In reality, the value of a business enterprise in excess of its tangible value most likely emanates from intangible assets such as customer relationships, technology, in-process research and development, a trained and skilled workforce in place, and intellectual property, among others.

This all holds true for privately held companies, too. However with many closely held private companies, the value and sustainability of those intangible assets depend on one or two key controlling owners. To the extent that intangible assets and value walk away from the business when the controlling owner(s) does, those assets are not the property of the company and, therefore, cannot be transferred independent of the controlling owner(s). And buyers and investors are a funny sort. They tend to not pay for assets that cannot be transferred to them or that have significant risk of going away. Because of this, the terms of most transactions involving a closely held business will include the requirement that the exiting owner(s) enter into an agreement to not compete with the company post-transaction in order to protect the intangible value.

There is significant interest in the value of noncompete agreements (NCA). The current accounting rules require that any such agreements (and all other “separately identifiable” intangible assets) be valued independently of “goodwill” and recorded on the balance sheet. The value of NCAs also has tax ramifications. The NCA value is taxable to the covenantor (and amortizable by the buyer) at ordinary income tax rates. The covenantor wants the NCA value to be low, as that shifts the taxation of that value received from ordinary income to capital gain, and a lower tax rate. The buyer, of course, wants the opposite. The buyer

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would like to expense as much as possible, thereby lowering its taxable income.

As with most valuations, the valuation of an NCA is an art, not a science. Ultimately, the value is dependent on the financial impact to the company if the NCA did not exist and if the covenantor did compete.

The Internal Revenue Service (IRS), under Revenue Ruling 77-403, 1977-2 C.B. 320, issued guidelines for the valuation of a covenant notto-compete. In particular, the IRS cited three relevant factors: Ability of the covenantor to compete effectively with the covenantee. The courts have ruled that the ability of a covenantor to compete effectively is evidenced by his or her experience in, and knowledge of, the transferred business; Feasibility of effective competition by the covenantor within the time and area specified by the covenant, in view of the activity and market. Presenting the approaches by which the covenantor may compete within the time frame of the covenant satisfies this requirement. Unlike the question of ability, which focuses on factors specific to the covenantor, the question of feasibility is normally associated with outside factors such as barriers to entry. Such barriers might include time to start a competing business, availability of viable competitive facilities, and the amount of capital investment required in light of anticipated profits and returns to owners; and Desirability of the covenantor to compete with the covenantee. The courts, in the context of an interrogative, have usually examined this motive.

The desire to compete can be demonstrated by showing that there are no factors that would inhibit the covenantor’s desire to compete, and by his or her indication that he or she would want to stay in this market and business. In other words, the analysis should consider whether there is anything that would reduce the desirability of competition by the covenantor.

Additional factors for consideration include: • The potential damage to the business; • The covenantor’s relationships with vendors, employees, and customers; • The ease with which customers can switch providers; • The subject company’s competitive advantages;

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• The enforceability of the covenant; and • The duration and geographic scope of the covenant.

Best Valuation Approach As with valuing a business or any other asset, the Uniform Standards for Professional Appraisal Practice require the valuation professional to consider the cost approach, the market approach, and the income approach in the valuation of a non-compete agreement.

Cost Approach: The cost of creating an NCA is generally relatively inexpensive and, therefore, typically not a credible indication of its value.

Market Approach: The market approach may be the preferable approach as it relies on actual transactions. On the other hand, there is no market or quotation service that reports the economics of a non-compete agreement.

Some information regarding NCAs may be found in the public filings of publicly traded companies. However, the challenge then is identifying the dissimilarities between the reported NCA and the subject NCA and quantifying the resulting impact of those dissimilarities on the value of the subject NCA. Because of these difficulties with the cost and market approaches, the income approach is typically used to value NCAs. Income Approach: The most widely-used income approach method in valuing a non-compete agreement is the “With and Without Method.” As the name suggests, the company is valued with and without the NCA. The difference is the value of the NCA. The difficulty comes in quantifying the financial impact if the covenantor would compete absent the NCA and in assessing the feasibility of competition and the covenantor’s ability and desire to compete. This exercise is as much, if not more, an exercise in qualitative analysis and judgment than it is in quantitative analysis and mathematical calculations.

As an example, Dr. Emmett Brown just sold his business of designing and installing time machines into DeLorean cars (Flying Cars, Inc.) to Marty McFly for $33.4 million. McFly required Brown to sign a three-year NCA. Through interviews of Brown, McFly, and some of Flying Cars’ customers, the valuation professional, Fair M. Value, ASA, concluded that under the assumption that Brown could and would compete if the NCA did not exist, Brown could eventually take 25 percent of the business away from Flying Cars, but it would take Brown two years to reach that full impact. Addressing the ability of Brown to compete, Value noted that while Brown certainly had the experience and knowledge in the business, he is old and in failing health. Value felt that there was a 50% chance that Brown was able to compete.

The feasibility of competition seemed much greater. The capital investment required is significant, but Brown just received a windfall from the sale of Flying Cars. There are no licensing or permitting obstacles, nor any other debilitating government restrictions.

While there are a couple of start-up competitors, the market is fairly open for the taking. Value felt that a competing business started by Brown had a 90% feasibility of success.

On the topic of desirability, Dr. Brown advised Value that he loved his work and in the absence of the NCA, he would want to re-build his company, “but only better.” Brown did say that his wife had been pressuring him to retire and knew there would be theBriefs March 2015 Vol. 83 No. 3

a battle if he decided to start all over again. Value placed a 75% factor on desirability.

Having completed the qualitative analysis, Value then developed his valuation model as follows:

The demonstration above highlights the critical role the ability, feasibility, and desirability factors play in the value calculation. It also highlights the necessity for a thorough qualitative assessment of these factors in order to develop a credible opinion of value.

A final note on the value of a non-compete agreement: The value of the NCA is recorded as an asset on the buyer’s balance sheet and amortized over 15 years for tax purposes. There is economic value in this annual amortization expense from the tax shelter it provides. Therefore, the final step in the valuation of an NCA is to add that estimated tax benefit to the calculated value. The magnitude of that benefit will depend on the tax rate and discount rate, but usually ranges from 10% to 20% of the calculated value.

Businesses have two types of assets: tangible and intangible. The intangible value of a business is usually much more than the ambiguous “goodwill” value. Buyers and investors will pay only for the assets that can be transferred and that are relatively protected.

Non-compete agreements are frequently used to allow the transfer and protection of some of those assets. The assessment of a covenantor’s desire and ability to compete and the assessment of the feasibility of that competition are critical considerations in the determination of non-compete agreement value. Professionals, such as the American Society of Appraisers’ designated business valuation experts, receive stringent education and training, providing the highest standards for these analyses. Minimizing speculation regarding worth and future profitability is paramount for making vital business judgments and decisions.

Robert B. “Bob” Morrison, ASA BV/IA is the Managing Partner of Morrison Valuation & Forensic Services, LLC in Orlando. Bob is the internationally elected chairman of the Business Valuation Committee of the American Society of Appraisers (ASA) and is the vice-chairman of the International Institute of Business Valuers. Bob holds the Accredited Senior Appraiser certification and the Intangible Asset specialty designation conferred by the American Society of Appraisers.

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Clerk’sCorner

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

Online Electronic Records Access Update

n February’s Clerk’s Corner article, I shared the exciting and important news about the Online Electronic Records Access project ongoing at my office. The project is in response to the recent Florida Supreme Court Order AOSC14-19 that removes the moratorium on online electronic access to court documents and provides guidelines for clerk’s offices across the state to follow in implementing a solution.

As February comes to a close, we are finalizing our application with the Florida Courts Technology Commission (FCTC) Access Governance Board. In March we will begin testing and will look for input from various stakeholders and users. We anticipate the pilot stage of the project to begin in the second quarter of 2015.

I am happy to report that you can now stay upto-date on the status of the Online Electronic Records Access project by simply visiting www. myorangeclerk.com. There on the homepage you will find a link to the latest information regarding the project, including project status and updates, provisional timelines, and helpful links.

We will also be providing updates in other ways, such as the clerk’s social media platforms and bimonthly emails. Of course, I will share project information whenever possible at the monthly OCBA luncheons and right here in the Clerk’s Corner.

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Speaking of the OCBA, I recently had the pleasure to meet with OCBA president Nick Shannin, Esq., president-elect Jamie Billotte Moses, Esq., and key OCBA staff to review a host of topics, including online electronic access. We discussed our common goal of serving the legal community of Orange County and ways we can work together to share information and make it easier for attorneys and the general public to access the services provided by the clerk’s office.

I reiterated how crucial it is for the OCBA and local attorneys to be a part of the implementation of online electronic access in Orange County. My office will be looking for feedback from attorneys during the pilot phase to ensure we deliver the best system possible.

As usual, the OCBA’s hospitality was impeccable, and I look forward to our future meetings.

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

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★

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Special

T Felipe Guerrero, Esq., with wife, Lisa and son, Gabriel

A Snapshot: Diversity Mentoring Picnic 2015

he third annual Central Florida Diversity Mentoring Picnic was held January 31, 2015, on the FAMU College of Law campus. With more than 400 in attendace, it was a rousing success!

The goal of the picnic is to connect attendees – in a casual, family-friendly atmosphere – who might otherwise not come into contact with each other.

Diversity is often confined to adding “women” and others of “color” or ethnicity to the legal work force. The purpose of the picnic is to include all in the legal profession, especially those who sometimes feel excluded. Sponsors and mentors familiarized law students and young lawyers

with the many areas of legal specialty in order to assist them in determining the best path for their future careers. Organizers partnered with local bar organizations, law firms, judges, and groups that represent specialty areas of law. The resulting dialogue allowed students and young lawyers to encounter professionals who gave them firsthand insight into the day-to-day practice of law.

The picnic provided attendees the opportunity to build and foster lasting relationships, introduced a diverse outlook on the modern practice of law, and most importantly, offered a venue to connect!

Many thanks to the sponsors who contributed to making this year’s picnic an excellent event.

Platinum Sponsors Akerman LLP Florida A&M University College of Law Themis Bar Review Young Lawyers Division of The Florida Bar

Gold Sponsors Appellate Practice Section of The Florida Bar The Florida Bar Family Law Section Orange County Bar Association

Silver Sponsors

Charles Hawkins, Esq.; Susan Fox, Esq.; Nick Shannin, Esq., Beth Waddell, Esq.

Barry University Dwayne O. Andreas School of Law Central Florida Association for Women Lawyers Central Florida Gay and Lesbian Law Association Florida Coastal School of Law Florida Lawyers Mutual Insurance Company Fox & Loquasto, P.A.

Silver Sponsors Greater Orlando Asian American Bar Association Hispanic Bar Association of Central Florida Hylton Adamson Watson, Attorneys at Law Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Real Property, Probate & Trust Law Section of The Florida Bar

Bronze Sponsors

LaShawnda Jackson, Esq., far right, with picnic attendees.

City, County, and Local Government Section of The Florida Bar Cohen Battisti, Attorneys at Law Elder Law Section of The Florida Bar Hon. Bob LeBlanc & Judicial Assistant Cindy Brown Paul C. Perkins Bar Association

Patron Sponsor Orlando City Soccer Club PAGE 14

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Special

Vicarious Liability for Dangerous Instrumentalities

O Caroline Johnson Levine, Esq.

wnership of property is often associated with feelings of pride and joy. The rights of an owner, however, also bring responsibility and possible liability for injuries resulting from that property. The Florida Supreme Court recently considered in Christensen v. Bowen, — So.3d —, 2014 WL 1408557 (Fla. Apr. 10, 2014), whether a co-owner of a vehicle can be vicariously liable for the damage caused by that vehicle while it is in the control of another person.

Robert Christensen and Mary Taylor-Christensen purchased a vehicle together and placed both of their names on the certificate of title as co-owners, notwithstanding the fact that they were engaged in dissolution of marriage proceedings. The vehicle was intended to be used solely by TaylorChristensen, and “Christensen did not have a key to the vehicle or use the vehicle, and did not reside with Taylor-Christensen or have access to her garage where the vehicle was kept, [even though] the title to the vehicle was in his name as co-owner.”1 Approximately two years after the purchase of this vehicle, Taylor-Christensen had a car accident and crashed into Thomas Bowen.

Bowen’s estate sued Christensen and TaylorChristensen, alleging that Christensen “as an owner of the vehicle, was vicariously liable for [Taylor-Christensen’s] negligence under the dangerous instrumentality doctrine.”2 Christensen argued that he was not vicariously liable because of the “beneficial ownership exception to the dangerous instrumentality doctrine.”3 The Fifth District Court of Appeal held that Christensen “was liable under the dangerous instrumentality doctrine because he retained an identifiable property interest in the vehicle for himself by having his name placed on the title as co-owner, and that his subjective intent in signing the purchase and title documents was insufficient to defeat vicarious liability of a titleholder.”4 Further, the appellate court certified this issue to the Florida Supreme Court as a question of great public importance.5 The Supreme Court clarified that the “dangerous instrumentality doctrine serves to ensure financial recourse to members of the public who are injured by the negligent operation of a motor vehicle by imposing strict vicarious liability on those with an identifiable property ownership interest in the vehicle.”6 This doctrine commits a co-owner to the potential liability for torts committed by anyone to whom custody of the vehicle is granted.

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However, a “narrow exception to the dangerous instrumentality doctrine has been recognized in cases where the titleholder lacks the beneficial ownership of a vehicle.”7 Further, “under this ‘beneficial ownership’ or ‘bare legal title’ exception, a titleholder may avoid vicarious liability if the titleholder demonstrates that he or she does not have the authority to exert any dominion or control over the vehicle and therefore is not a beneficial owner of the vehicle.8 In such circumstances, this Court has held that the titleholder holds only ‘naked legal title’ in the vehicle.”9 In Christensen, the Supreme Court had to consider whether a co-owner, who had no access to the vehicle, could escape liability through the beneficial owner doctrine. The Court held that “a joint titleholder who has not divested himself or herself of the ownership interest is an owner as a matter of law.”10 This finding complements the statutory designation that a “joint titleholder holds a joint tenancy interest in the vehicle and, accordingly, has the right to possess and use the vehicle.”11 The Supreme Court answered the certified question of whether a co-owner’s subjective intent to never possess the vehicle absolved him of liability “in the negative and [held] that a person whose name is on the certificate of title as co-owner is a beneficial owner with the right to control the vehicle.”12 Co-ownership of property may appear to be logical or necessary in order to obtain that property; however, it can also create unintended consequences when the vehicle causes harm down the road.

Caroline Johnson Levine, Esq., was a criminal prosecutor for ten years and now practices civil litigation defense. She is the vice-chair of The Florida Bar’s Standing Committee on Professionalism and the Senior Lawyers Committee. Additionally, she is an appointed member of the Supreme Court Commission on Professionalism.

She has been a member of the OCBA since 2013.

See Christensen v. Bowen, — So.3d —, 2014 WL 1408557 (Fla. Apr. 10, 2014).

2 Id. at *1.

3 Id. 4 Id. at *2.

5 Id. at *1; The certified question of great public importance to be answered was “MAY A PERSON WHOSE NAME IS ON THE CERTIFICATE OF TITLE OF A VEHICLE AS CO–OWNER AVOID VICARIOUS LIABILITY UNDER AN EXCEPTION TO THE DANGEROUS INSTRUMENTALITY DOCTRINE BY ASSERTING THAT HE NEVER INTENDED TO BE THE OWNER OF THE VEHICLE AND FURTHER CLAIMING THAT HE RELINQUISHED CONTROL TO A CO–OWNER OF THE VEHICLE?” continued page 29 1

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Legal Aid SocietyTeaching Tips

O Michael L. Resnick, Esq.

Legal Aid Society and Foreclosure Assistance: How Do We Do It?

ne of the pillars of the Legal Aid Society is the assistance it provides to low-income residents of Orange County who have housingrelated issues. When it comes to home ownership, the Legal Aid Society offers significant legal assistance to low-income residents who face the loss of their home as a result of a foreclosure action.

Legal Aid provides foreclosure-related assistance through a combination of efforts that involve foreclosure clinics, actual court representation, and community outreach and education. The foreclosure clinic is operated by Legal Aid’s senior housing attorney, who has been practicing law for 27 years.

The Legal Aid Society currently operates a free foreclosure clinic three days each week: Tuesdays and Thursdays from 9:00 a.m. to 2:00 p.m., and Fridays from 8:30 a.m. to noon. Assistance is available by appointment only. Clients who attend the foreclosure clinic are provided with a 60- to 90-minute consultation that features the following legal assistance: review of foreclosure pleadings; filing of initial response to the foreclosure complaint; explanation of the foreclosure process; discussion of existing programs for loan modifications and short sales; and debt counseling. For those clients who have meritorious defenses, the likelihood of a loan modification, or other relief, Legal Aid may then provide actual representation of a client as part of that client’s foreclosure case.

The Legal Aid Society also provides weekly presentations, in cooperation with the Orange County Bar Association, to all homeowners who reside in a home that is considered to be their legal homestead. These presentations are principally targeted to homeowners who have been recently served with foreclosure court papers. The goal in providing these weekly presentations is to provide homeowners with a better understanding of the foreclosure court process, foreclosure mediation, and the various options that homeowners have for obtaining loan modifications or obtaining approval of short sales or a deed in lieu of foreclosure.

Legal Aid is able to provide foreclosure-related legal services to our community as a result of a generous grant from Pam Bondi, Florida’s attorney general. Without this funding the Legal Aid Society would not be able to provide the extensive foreclosure services that it does to low-income

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homeowners in Orange County. Unfortunately, that funding terminates on June 30, 2015.

People often ask how successful the Legal Aid Society is in saving a person’s home from foreclosure. Well, the answer is... very successful!

During the two-year period of January 1, 2013, through December 31, 2014, the Legal Aid Society was able to save 96 homeowners from losing their homes as part of a foreclosure court action.

These successful home-saving results were because of loan modifications, payment plans, and court decisions.

One client of the Legal Aid Society who was able to save his home from foreclosure because of a loan modification is “Karl.” Karl recently sent two cards to Legal Aid about the assistance provided to him. He writes: A few latitudes of gratitude for all you’ve done! For all you have done and are doing for me and for others to keep their homes and their dignity. Thank you so very much. Please put me on the agenda for your next fundraiser. I will give back so others can benefit too. THANKS!!

The words “thank you” hardly seem enough.

But they’re coming from my heart. A heart uplifted by your kindness. If you need me to come to one of your sessions as living proof of your guidance and direction, I’m your man.

Thanks for the encouragement and truths about the foreclosure procedures. Thanks to you and your staff and secretary and the Legal Aid Society (and it was free too). Pinch me! Respectfully and Happily, Karl.

If you have any questions regarding foreclosures or the foreclosure-related services provided by the Legal Aid Society, please feel free to contact Mike Resnick, Esq., at Mike@legalaidocba.org.

Michael L. Resnick, Esq., is the Senior Housing Attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1999.

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Legal Aid SocietyWhat We Do...

Intake, Outreach, and Community Education Report for 2014

W Larri T. Thatcher, Esq.

hen I wrote this article, 2014 was winding down, and it seemed a good time to look back at what the Legal Aid Society had encountered during the year. We often are asked what a “typical” case at LAS looks like. This article presents a snapshot of just a few of the many types of cases we handled this past year.

In 2014, LAS received an average of more than 1,750 requests for assistance per month. That is right on track with what we have been receiving for the past few years, which amounts to about 21,000 requests yearly. The bulk of these requests are handled with counsel and advice, or information and referral. About 25% of the requests are assigned to a staff attorney for extended services, and approximately 7% are assigned to pro bono attorneys.

In 2014, we handled cases in family, housing, consumer, juvenile, public benefits, immigration, and sealing/expunction of records. We also provided senior residents with the opportunity to have advance directives prepared for free, and we assisted in preparing tax returns. Family and housing continue to be the two most requested areas of law we handle. Dissolution of marriage is the number one request under family law, and foreclosure is the number one request under housing. Bankruptcy was the number one consumer request, and obtaining Social Security benefits was the number one public benefits request.

To handle as many cases as possible with the most expediency, we continued to use a full range of services. We provided some clients with counsel and advice, while others were assigned to a pro se class, and some were assigned an attorney to represent them in court. We also conducted outreach and community education programs to assist our clients. In 2014, we conducted or attended more than 30 community education events, reaching more than 700 individuals. Several of these events were handled by pro bono and staff attorneys, who provided extensive services, such as preparation of legal documents.

LAS is fortunate to have the services of dedicated volunteers who assist us in screening all requests for assistance, including interviewing first-time applicants and staffing our community education and outreach programs. In 2014, we took applications at the main office, at five neighborhood outreach sites, the Orlando VA Medical Center, and six homeless shelters in the county. In limited circumstances, we also mail applications. Despite the fact that clients come to us in myriad ways, yearafter-year many of the issues are similarly themed.

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One typical case in 2014 included a grandmother seeking custody of her 3-year-old grandson in order to be able to give consent for his medical treatment. The child was experiencing numerous medical issues, and his doctors had requested an MRI. When the medical professionals realized that the grandmother was not the legal custodian of the child, they cancelled the MRI until she could obtain legal custody. Neither of the child’s parents was capable of caring for the child.

This past year also brought us a 76-year-old cancer survivor who was concerned about losing her home. She had taken out a reverse mortgage and fully paid for her home. She fell short, however, on the insurance payments, and the lender had “forced placed” insurance and was threatening to foreclose if the insurance payments were not paid.

She and her incapacitated adult son had lived in this home for more than 30 years.

We received a request for help from a tenant, current with her rent payments, who called the local code enforcement board after her landlord refused to repair housing code violations. In response, the landlord removed all electric meters from the property.

We also saw a 67-year-old veteran who was having trouble with employment because of his record.

He had only been arrested once in his life, and all charges had been dropped by the state attorney’s office. He wanted to expunge the record so he could continue to work past his retirement age.

I could go on all day with stories like these, but space is limited. Just before I started writing this article, I read Florida Bar president Gregory Coleman’s article, “Take One Case (And I Know You’ll Be Back for More).” In the article, Gregory talked about the 3 million Floridians living in poverty and how 1 in every 4 of them has a significant legal need on an annual basis. I hope I have conveyed what some of those significant legal needs are here in Orange County, and I hope you will be motivated to continue to provide pro bono services.

For more information, please contact Larri Thatcher, Esq., at LThatcher@legalaidocba.org, or 407841-8310. For more information about how to become a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@ legalaidocba.org or by calling 407-515-1850.

Larri T. Thatcher, Esq., Legal Aid Society Intake, Outreach, and Community Education Coordinator, has been a member of the OCBA since 1995.

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Legal Aid SocietyGAL Teaching Tips

W Bethanie A. Barber, Esq.

GAL Collaboration Can Bring Bright Results to Dark Dependency Cases

hen volunteer attorney Mary Ann Etzler, Esq., accepted the Guardian ad Litem (GAL) appointment of a child victim of physical and mental abuse, she was confronted with a case that had gone through years of contentious litigation in multiple courts spanning multiple states with no end in sight. Worst of all, it was evident that the 9-year-old boy at the center of the litigation was pulling away from both of his parents in response to their open hostility.

To move the dependency case forward, Mary Ann knew something had to change. She methodically identified the parties, participants, and individuals who had contact with the child.

After meeting with the child in foster care, Mary Ann then contacted each partner individually, sharing with them her best interest recommendations and determining how each could improve the child’s well-being. She used out-ofcourt dependency meetings as an opportunity to “divide and conquer” with each entity. She used the dependency court as a tool to ensure that her dependent child transitioned to a permanent home with necessary family supports as safely and quickly as possible.

While Orange County’s volunteer attorney GALs know that the dependency system can be filled with turmoil and tension, we have long embraced a collaborative approach as a successful method of obtaining positive results for the children we serve. Volunteer attorney GALs can expect to encounter parents, the Department of Children and Families, Case Managers (social workers), caregivers, and service providers in dependency court. Independently, all of these entities work to assert their own interests. GALs, however, are in a unique position to maintain meaningful communication with each party to best benefit the child.

Collaboration can result in timely permanency, stability, and safety for our community’s dependent youth. For this reason, the Legal Aid Society’s GAL Program has adjusted its model of representation to ensure that volunteer attorney GALs have greater access to dependency parties, participants, and service providers. When accepting GAL appointment in a dependency case, volunteer attorney GALs can rely on the Legal Aid Society’s dependency “courtroom team” for support. Each team is comprised of two attorneys, who provide legal assistance in preparation for

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dependency hearings and meetings, as well as a professional social worker available to assist with child visits, determine appropriate resources for the child and family, and most importantly, help initiate meaningful communication with the other parties.

This collaborative approach has been recognized

by Children’s Legal Services (CLS), the state of Florida’s law office representing the Department of Children and Families, as the most effective way to quickly and efficiently resolve dependency cases. Christy Fisher, Esq., Circuit 9 Children’s Legal Services managing attorney, commented: Dependency law is one of the most difficult areas of law within which to practice. Anything that involves children and specifically the protection of children can lead to heightened emotions and strong opinions. There are multiple parties with different roles all trying to do what is best for the child. If a collaborative approach is not taken, this can lead to stagnation of cases and delays of permanency for children. In Orange County, this is not the case. Children’s Legal Services and the GAL program have worked together on cases to embrace each other’s different perspectives and viewpoints to approach a case in a more complete manner. The longer one works in the dependency realm, the clearer it becomes that additional information and different approaches only aid in the process of making these decisions for families. Orange County has embraced this viewpoint, and this has benefited the children involved in these dependency cases.

In order to best collaborate with community partners, volunteer attorney GALs can: 1. Seek approval to speak directly with parents outside the presence of their counsel.

2. Contact the LAS GAL Department to cover out-of-court meetings in their absence.

3. Communicate with non-parties such as therapists, educators, and counselors who may provide input.

4. Access LAS’s Volunteer Advocates for Children (VACs) and case coordinators to assist with child visits and information gathering.

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Upchurch Watson White & Max welcomes new mediators to its Central Florida team.

RECENT PANEL ADDITIONS Lawrence Kolin Lawrence has been mediating since 2001 and joined UWWM in 2014. He is experienced in complex cases in state, federal and appellate courts.

Jeffrey M. Fleming As a litigator, Jeff tried cases in both state and federal courts. He has also served as a county and circuit judge. Jeff joined UWWM’s panel last spring.

Brandon S. Peters After 22 years as a civil litigator and mediations involving more than 500 parties, Brandon made the move to UWWM.

K. Judith Lane Known for her negotiation skills as a litigator, Judi joined UWWM as a mediator/ arbitrator last fall. She was a founding shareholder of Halifax Law Group.

OUR LOCAL OFFICES Maitland/Orlando: 407-661-1123 Daytona Beach: 386-253-1560

Now mediating at Sclafani Williams Court Reporters, downtown Orlando!

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| A R B I T R AT I O N | E - D I S C O V E R Y | S P E C I A L M A S T E R S | C O N S U LTA N T S Solely Focused on Conflict Resolution in Florida, Alabama and Nationwide CALL TOLL FREE: 800-863-1462 | READ MORE & SCHEDULE: WWW.UWW-ADR.COM

linkedin.com/company/upchurch-watson-white-&-max

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www.facebook.com/UWWMMediation

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@UWWMmediation

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Orange County Bar Association Election Notice The names, bios, and photos of the nominees for the following offices are listed on the OCBA website.

OCBA Vice President /President-Elect OCBA Treasurer OCBA Secretary OCBA Executive Council Representatives Legal Aid Society Board of Trustees Young Lawyers Section At-Large Board Members Voting shall be by electronic ballot emailed to each Regular and Judicial Honorary Member of the Association on Monday, March 2, 2015. Members eligible to vote will receive, via email, a secure, non-identifying link to the electronic ballot.

Voting will begin on Monday, March 2, 2015 and close on Tuesday, March 31, 2015. Electronic ballots must be cast no later than midnight March 31, 2015, and paper ballots must be received in the OCBA office no later than 5:00 p.m. March 31, 2015.

This election is being conducted on behalf of the OCBA by Intelliscan, Inc., an independent election services provider. All voted ballots, whether cast electronically or via paper ballot, will be certified by the Secretary of the OCBA. If you have any questions, please contact the communications manager at 407-422-4551, ext. 227, or peggys@ocbanet.org.

★ Lake Baldwin Park Register to Run! Go to the OCBA website at www.orangecountybar.org/lawday5k Sponsor the Run! Contact Jerry Hanbery at jhanbery@invitationhomes.com All proceeds benefit the OCBA Foundation and Legal Aid Society.

2015 Law Week Theme The Magna Carta: Symbol of Freedom Under Law

April 15, 2015 5:30 p.m. – Registration 6:00 p.m. – Tournament begins Harry Buffalo

129 Church Street, Orlando, FL 32801

Registration fee: $ 25 - per player in advance $ 35 - at the door $ 15 - non-player Appetizers, beer, and wine included (cash bar for other drinks) Bring 5 cans of food for the Pearlman Food Pantry and you’ll receive an extra $25 in chips!

Also enter the 50/50 raffle!!!!

Awards for the Top Lawyer, Top Nonlawyer, 2nd Place, 3rd Place, Turkey Award, and Overall Top Female Player!

Registration deadline: April 13, 2015.

Register through the OCBA Store at http:// orangecountybar.org/products/social_events.

All proceeds benefit the OCBA Foundation, Inc. PAGE 20

Sponsored by Thomson Reuters Westlaw

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OCBA January Luncheon January 22, 2015 Ballroom at Church Street Station Sponsored by Orlando Solar Bears

Hon. Sally D. M. Kest, Hon. Robert M. Evans

Rowdy Gaines, 1984 Olympic Gold Medalist; Lauren Reynolds, Esq.; Hon. Frederick J. Lauten

Stacy Ford, Esq.; Jamie Billotte Moses, Esq.; Nick Shannin, Esq.; Rowdy Gaines

William Davis, Jr., Esq.; “Shades,” Orlando Solar Bears mascot; Nick Shannin, Esq.

Blaine McChesney, Esq.; Will Jay, Esq.; Ryan Williams, Esq. Nick Shannin, Esq., OCBA President; Rowdy Gaines Rowdy Gaines Nick Grounds

Hillary M. Lyals; Richard Dellinger, Esq.; Tad Yates, Esq.; Matthew Brenner, Esq.

Woody Rodriguez, Esq.; Rowdy Gaines

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PhotoOp Barry Law Trial Team Wins First Place

Barry University School of Law’s Trial Team has made school history, winning first place in the prestigious Florida Bar Chester Bedell Mock Trial Competition, held January 21- 23 in West Palm Beach, FL. Members of the winning team were Luis Herrera, James Smeriglio III (advocates), William Sepulveda, Nikki Metzgar-Schall, and Jackson Lubin.

In the preliminary rounds, Barry Law’s student advocates defeated teams from Stetson Law and Florida State University School of Law, scoring a 5-0 jury verdict in round 3 against Stetson.

In the semifinal round, Barry Law’s advocates beat Florida Coastal School of Law, setting up a final showdown against 21-time champion Stetson.

Barry Law’s team prevailed in dramatic OCBA Family Night with the Orlando Magic (From left): Nikki Metzgar-Schall; Dean Leticia M. Diaz, Esq.; William Sepulveda; Luis Herrera; fashion, pulling off the upset and takNovember 14, 2014 coach Nicholas Primrose, Esq.; James Smeriglio III; Mark Summers (faculty advisor); Denise Kim Beamer Orlando (coach); and Jordan Ostroff, Esq. (coach). Not pictured: Jackson Lubin and Michael ing first place in the competition for Magic v.

Milwaukee Bucks the first time in school history.

Kraynick, Esq. (adjunct faculty advisor).

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PAGE 22 www.orangecountybar.org

theBriefs March 2015 Vol. 83 No. 3

YLS on the move

M

Chanel A. Mosley, Esq.

arch has arrived and with it comes the first day of spring, the four leaf clovers of St. Patrick’s Day, and the NCAA March Madness basketball tournament (don’t forget to fill out your brackets!). The YLS has been very busy with its own “madness” these past few months, and there’s no end in sight as we march (pun intended!) through the first quarter of the year.

Here’s a look at what we’ve been up to over the past few months, as well as upcoming YLS events you can’t afford to miss: On January 15, 2015, members of the YLS enjoyed an evening of networking, drinks and appetizers at Avenue Gastrobar. All food and drinks were free, thanks to the generous support of our happy hour sponsor, Milestone Reporting Company. Kudos to Miguel Acosta, Esq., Adam Hartley, Esq., and the entire social committee for yet another successful happy hour!

On January 16, 2014, the YLS was awarded the Affiliate of the Year Award at the annual Florida Bar Young Lawyers Division Affiliate Outreach Conference! This means

Karen Persis, Esq., OCBA YLS president (center), received the award from The Florida Bar’s Young Lawyers Division president Michael Fox Orr, Esq. (left) and president elect designate Katherine Hurst Miller, Esq. (right).

YLS president Karen Persis, Esq. at podium.

theBriefs March 2015 Vol. 83 No. 3

that the OCBA YLS was voted as the State of Florida’s BEST young lawyer affiliate! This is a huge accomplishment, and we are so proud of our YLS members who work so hard to coordinate all of our social and charitable events each year. Congratulations, and keep up the great work!

The first YLS luncheon of the year was held on January 23, 2015, at the Citrus Club. Steve Hogan, executive director of Florida Citrus Sports, gave a presentation on the newly renovated Citrus Bowl and filled us in on many exciting community initiatives by Florida Citrus Sports. YLS members enjoyed a delicious three-course meal thanks to our wonderful sponsors, Cross, Fernandez & Riley, LLP, US Legal Support, and Digital Legal.

On January 27, 2015, the YLS joined young lawyers of the HBACF, CFAWL, and GOABBA for the Holidays All Year Long bar mixer and fundraiser. Attendees enjoyed unlimited drinks and appetizers, a silent auction, and live entertainment at Kasa Raw Bar and Tapas. All proceeds from the event benefited the Arnold Palmer Pediatric Oncology Wing, One Heart for Women and Children, The Holden Flynn Foundation,

and United Cerebral Palsy of Central Florida.

Committee chair, Bill Tonelli, Esq., and his committee members did a wonderful job in coordinating this fundraiser to support many great charitable organizations. Additionally, the event could not be made possible without the generosity of so many fantastic sponsors. We thank you for your contributions!

Upcoming YLS events: The annual YLS Evening with the Judiciary will be held on March 4, 2015 beginning at 5:30 p.m. at the Orlando Science Center. Mark your calendar for this can’t-miss prehistoric party, located in the Science Center’s “Dino Digs” exhibit! The Evening with the Judiciary is a wonderful opportunity for lawyers from all practice backgrounds to meet and mingle with judges and colleagues in a relaxed, fun setting. Admission is free for judges, and ticket prices are as follows for all other attendees: $30 for solo practitioners, law students, and government employees; $35 for private practice attorneys; and $35 for all guests for registrations by February 25. If you haven’t registered yet (assuming this issue of The Briefs arrives on your desk after February 25), an additional $5 fee will be charged. Late registrations, please plan to pay at the door. Ticket price includes unlimited beverages and hors d’oeuvres.

It’s election time – be sure to vote! Elections are being held by electronic ballot again this year. The ballot will contain a direct link to your personalized ballot – no usernames or passwords required. The first email notice will be sent on March 2, 2015, and voting will close on March 31, 2015. For online voting, votes must be cast by 11:59 p.m. on March 31. If you have received a paper ballot, your ballot must be received in the OCBA office at 880 N. Orange Ave., Orlando, FL 32801 by 5:00 p.m. on March 31. The slate of candidates for OCBA Officers, Executive Council, Legal Aid Board of Trustees, and YLS At-Large Board is on the website and is included with your electronic ballot. If you have any questions, please contact Peggy Storch in the bar office at peggys@ocbanet.org. Good luck, candidates!

The March YLS luncheon will be held on March 20, 2015 at the Citrus Club beginning at 12:00 p.m. and ending at 1:00 p.m. Casual attire, including jeans, is acceptable and jackets are not required. For a wonderful three-course meal, the cost is only $10. Lunch is offered at a reduced price, thanks to the wonderful help of our sponsors. Please be sure to RSVP to yls.ocba@gmail. com if you are paying by check or cash, or you can buy your ticket and RSVP electronically at http://orangecountybar.org/ylsproducts. A late charge of $5 will be added for all RSVPs not re-

www.orangecountybar.org

continued page 25

PAGE 23

PhotoOp

Holidays All Year Long Fundraiser & Happy Hour

The Young Lawyers Section (YLS) of the Orange County Bar Association along with the Hispanic Bar Association of Central Florida (HBACF), the Central Florida Association for Women Lawyers (CFAWL), and the Greater Orlando Asian American Bar Association (GOAABA) held their 6th Annual “Holidays All Year Long” Bar Mixer Fundraiser January 27, 2015. All event proceeds benefited: Arnold Palmer Pediatric Oncology Wing, One Heart for Women & Children, the Holden Flynn Foundation and the United Cerebral Palsy of Central Florida.

January 27, 2015 Kasa Tapas, Orlando

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PAGE 24 www.orangecountybar.org

theBriefs March 2015 Vol. 83 No. 3

YLS on the move...

When Your Clients Require Excellence from Start to Finish.

continued from page 23

ceived by the deadline. Please note that the YLS is charged for all RSVPs, so be sure to notify us if you have made an RSVP but are unable to make it. We hope to see you at the luncheon!

The YLS Dodgeball Tournament will take place on March 25, 2015 from 5:00 p.m. to 8:00 p.m. at First Presbyterian Church of Orlando. To register, please contact Keith Kanouse, Esq., at kkanouse@const-law.com. Be on the lookout for additional details in our email blasts!

The April YLS luncheon will be held on April 17, 2015 at the Citrus Club beginning at 12:00 p.m. and ending at 1:00 p.m.

Be on the lookout for additional details in our upcoming email blasts.

Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www.facebook.com/OCBAYoungLawyersSection and follow us on Instagram at @OCBAYLS. Chanel A. Mosley, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, P.C., has been a member of the OCBA since 2010.

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PAGE 25

PhotoOps

Public Forum

The Judicial Management Council Strategic Planning Workgroup of the Florida Supreme Court presented The Future of Florida’s Courts on January 8, 2015, at the Orange County Commission Chambers in downtown Orlando.

Two forums – one for public officials and one for the general public – addressed participants’ thoughts about Florida’s court system and the most important issues facing Florida courts.

Robert Wesley, Esq., Public Defender, Tiffany Moore Russell, Esq, Clerk of Courts

From left to right are Ninth Judicial Circuit Chief Judge Frederick J. Lauten, Judge Julie O’Kane, Robert Wesley, Esq., Public Defender, and Judge Jonathan D. Gerber, 4th DC.

YLD Annual Affiliate Outreach Award 2015 The Central Florida Debate Initiative (CFDI), founded by Tara L. Tedrow, Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., was awarded a grant for the second year at The Florida Bar’s 2015 Young Lawyers Division Affiliate Outreach Conference in January. The grant will be used to sponsor the OCBA Young Lawyers Section’s High School Speech and Debate Competition. The debate competition, hosted by CFDI in 2014, also received the Gold Award of Excellence at the conference.

Jill Simon, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A., and Charity Tonelli, Esq., Stuart, Mount, Bleakley, & Boylston, P.A., receive the Gold Award on behalf of the YLS at the annual Affiliate Outreach Conference.

PAGE 26 www.orangecountybar.org

theBriefs March 2015 Vol. 83 No. 3

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.

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Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A.

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theBriefs March 2015 Vol. 83 No. 3

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PAGE 27

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Apr. 10 – Criminal Law Committee Major Seminar. Save the date.

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theBriefs March 2015 Vol. 83 No. 3

Special Vicarious Liability for Dangerous Instrumentalities continued from page 15

Id. at *2; see also Kraemer v. Gen. Motors Acceptance Corp., 572 So. 2d 1363, 1365 (Fla. 1990).

7 Id.; see also Aurbach v. Gallina, 753 So. 2d 60, 64 (Fla. 2000).

8 See Aurbach, 753 So. 2d at 63-65.

9 See Palmer v. R.S. Evans, Jacksonville, Inc., 81 So. 2d 635, 637 (Fla. 1955).

10 See Christensen, 2014 WL 1408557 at *4.

11 Id.; see also § 319.22(2)(a)(1)(a), Fla. Stat. (2013) (“When a motor vehicle... is registered in the names of two or more persons as co-owners in the alternative by the use of the word ‘or,’ such vehicle shall be held in joint tenancy.”).

12 Christensen, 2014 WL 1408557 at *1.

6

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LASGAL Teaching Tips

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continued from page 18

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5. Inform parties of what you will request in court via email or GAL report prior to the hearing.

These strategies employed by Mary Ann resulted in an effective counseling and reunification plan based on her input and the input of multiple case participants. Today, the mother and father, who were initially unable to communicate effectively in any capacity, have expanded their collaboration beyond dependency court. They now work in partnership to co-parent their son, with whom they were both reunified.

Bethanie Barber, Esq., is director of the Legal Aid Society of the OCBA, Inc.’s Guardian ad Litem Program. For more information please contact Bethanie at bbarber@ legalaidocba.org, or 407-841-8310, ext.

3136. For more information about how to become a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or by calling 407-515-1850.

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theBriefs March 2015 Vol. 83 No. 3

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ParalegalPost

T

Service With a Smile

here is nothing that can replace the feeling one gets when seeing the smile of someone who knows they will not go hungry another night. On November 23, 2014, several dedicated members of the OCBA Paralegal Section gathered at the Coalition for the Homeless to serve dinner and provide these priceless smiles.

Dinner began with an uproarious round of applause from the shelter’s residents, followed by a prayer of thanks. The volunteers then had the

opportunity to serve alongside one another and coalition employees, handing out drinks, food, and – to the pleasure of the eager, wideeyed children – desserts. Members of the OCBA Paralegal Section were able to have personal, oneon-one interactions with the shelter’s tenants and exchanged smiles with everyone they met. The “pleases” and “thank yous” from the residents served as powerful reminders of the true purpose of Thanksgiving.

Looking around the dining room, one was immediately flooded with an overwhelmingly warm sense of community. Residents were helping to take care of one another. They reminded their friends to attend important classes, held a mother’s crying baby while she went to get food, and even brought food to people who were unable to do it themselves.

PAGE 30 www.orangecountybar.org

Lisa Marcum, Paralegal Section president, was approached by a little boy with a trinket he received from one of the goody bags she and her son had passed out earlier in the evening. She then heard the most precious, heartwarming statement come from his mouth. Smiling from ear-to-ear, the boy said, “I wish you guys would come out here again!” It became evident right then that the volunteers had provided a service that was more meaningful to the residents than the volunteers would ever fully understand. A true connection had been made between these two sets of people that can only be described as extraordinary.

Initiated by paralegals Bethany Gibson and organized by Meredith Zornek, this community service opportunity was made possible because of their continuous dedication to the homeless population of Orlando, Florida.

Samantha Fast At first, I was a little apprehensive to go to the women and children’s shelter because I wasn’t really sure what to expect. Before heading over there, my mom cooked me a large breakfast, and we spent the day nonchalantly purchasing new furniture for my room. As soon as we stepped into the shelter’s parking lot, I instantly felt guilty when the resident escorting us asked how we had spent our day. I didn’t want to say, “Oh we just bought new furniture,” to someone who doesn’t have that luxury.

When we walked into the kitchen, I was put behind the counter to serve rice. The food on the line looked very plain, just some chicken, brown rice, and bread rolls. As people started to come in and get food, we were told that kids (and most teenagers) were only allowed one piece of chicken so that there would be enough for everyone. That really struck me, because I imagined myself in the shoes of one of those kids, and certainly one tiny piece of chicken wouldn’t hold me over for the night.

My mom and I had a pretty deep conversation on the car ride home about how fortunate we are to be able to live comfortably and not have to wonder whether the next meal is going to be enough.

The really heartbreaking thing that I got from this is that bad things can happen to successful people. It just takes one bad thing, like losing a job, to lead to a chain of events leading up to having to resort to a shelter.

theBriefs March 2015 Vol. 83 No. 3

Garrett J. Marcum When I went to the woman and children’s shelter, I saw about half a room full of kids, with quite a few women and fewer men.

They all had decent clothes and pretty much looked like anyone else. The thing I noticed most, though, was they all seemed happy and glad to be there. I was kind of dreading going to the shelter because I imagined the people being dirty and miserable and was surprised that it was not bad at all.

At first I thought it was going to be a horrible hour of my life with “no entertainment.” My mom had told me I was going to serve a meal at the shelter rather than

for everyone to eat and leave. While they ate, I looked around and was amazed to see how happy just a little food made them.

It’s hard to not feel good when you’re making so many people smile.

On the way out, my mom asked me how I felt and, honestly, I had mixed emotions.

While I felt proud of myself for coming out and helping, I was also happy to have brought a little happiness to people on this day. However, I was also a little scared to realize these are regular, normal people. Serving a meal at the shelter really made me understand that life can change instantly, and anyone can lose everything they have in a single second. We should all be willing to help others down on their luck because you never know when it might be you down on your luck.

ask me whether I wanted to go with her, but I didn’t fight her on it because I knew she had made up her mind and it would only start a huge fight. Even when what was originally supposed to take an hour at the shelter turned into several hours of my weekend (my mother made me go with her to Michael’s Craft Store to pick out small toys and trinkets and then make goody bags for all the kids), I did not complain.

It was not until we finally arrived and walked through the shelter doors that I began to feel bad about not wanting to come. We went into the dining room just a few minutes before dinner would be served, and I got assigned to hand out the goody bags my mom and I had made. I watched as the dining room doors were opened and was amazed to see a line of people waiting to get in. Slowly the room filled to the brim with people just happy to be getting a hot meal. After everyone found a seat, we said a short prayer, recognition of our group was given and people got up table-by-table to get their food. It took about 15 minutes for everyone to get food and not much longer

Sara Spangler, Olympia High School, Samantha Fast, Discovery Middle School, and Garrett Marcum, Arbor Ridge School.

The OCBA Paralegal Section seeks nominees for its 2nd Annual

Artist: Eddie Beis, Greenberg Traurig, P.A.

Paralegal of the Year Award Attorneys:

Now is your chance to recognize the stellar work of your paralegal!

Submit a nomination letter

by April 1, 2015 to: Candice Maull, OCBA 880 N. Orange Ave. Orlando, FL 32801 Questions?

Call Candice at 407-422-4551, ext. 226

theBriefs March 2015 Vol. 83 No. 3

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PAGE 31

New Members Regular

Wendy L. TORNABENE VELEZ

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Adam Alexander • 109 B James Ave. Orlando, FL 32801 • 321-300-6383 • Adam@InterNetworkIT.com Retriever Payment Systems Credit Card Processing Tailored to Attorneys. Multiple Solutions. Local Support.

Special Pricing for Members.

Renee Krieger • 52 Riley Rd., Ste. 370, Celebration, FL 34747 • 321-251-6693 • Renee@LocalCCprocessing.com

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

PAGE 32 www.orangecountybar.org

theBriefs March 2015 Vol. 83 No. 3

Rainmaking

Inspect What You Expect – Part 2

I Michael Hammond, Esq.

n the last article, we determined that if you can’t measure the effectiveness of your marketing efforts, then you can’t manage them. If you don’t track certain key metrics, you really won’t know what’s working and what’s not. We also talked about the importance of gathering marketing data on a regular basis and offered a sample spreadsheet format to make that information gathering process easier and more effective.

The Key Marketing Metrics

Now we’re going to discuss the eight key marketing metrics you need to track on a regular basis to know whether or not your marketing has been successful. Our measure of marketing success is acquiring new, qualified clients. To make your marketing more effective, apply the following key marketing metrics.

1. The total number of marketing activities occurring on a monthly basis: Since marketing is a numbers game, the more marketing contacts you make, the more referrals you’ll get. We recommend that you average three substantive marketing contacts per week, which will amount to well over a hundred marketing contacts a year. When this number goes up, expect to see an increase in the number of new clients down the line since there’s usually a lag time between the marketing contact and the referral that eventually comes from it. Unfortunately, the reverse is also true when you slow down your marketing efforts.

2. What percentage of your new clients is referred by past and present clients?

This statistic shows how closely related client service is to marketing. In fact, we believe delivering a high level of client service is marketing. If you want to know how your clients feel about the service they receive from you and your firm, look at the spreadsheet to determine how many referrals they’ve sent to you. Compare this number to the total number of referrals sent to calculate your percentage. With very few exceptions, having past and current clients refer new business means one thing: they were more than satisfied with the level of service they received from your firm. What’s more, they showed their approval by telling others about you. An attorney we know in South Carolina who surveys all of his clients on a regular basis consistently scores a client satisfaction rating of around 95% and, not surprisingly, he also receives a high percentage of client referrals. By theBriefs March 2015 Vol. 83 No. 3

focusing on great client service, you can improve the effectiveness of your marketing without ever leaving your office.

3. What percentage of your prospective clients are priceshopping?

Develop the routine of always asking a prospective client how he or she heard about your firm, and then make a note of the referral source on the spreadsheet. If a prospective client is overly intent on finding out the cost of your services before going any further, or appears uninterested in scheduling an appointment without hearing the fees, or is even more uninterested upon hearing the fees, then that caller is probably price-shopping and therefore an unqualified client prospect.

Phone book ads are often notorious for attracting price-shoppers, but once in a while they can deliver a substantial client. To figure out whether or not your phone book ad is worth what you spend, look at how much your phone book-originated clients bring in compared to what the phone book advertising costs. Do this calculation once every six months and then again at the end of a year so you have enough data to make an effective comparison. If you find the fees from phone book clients are less than what you spend on your ads, then you’re spending way too much. In fact, in order for your advertising to be profitable, the fees generated by it should exceed your expenses by a minimum of ten to twenty-five percent.

4. What percentage of the potential clients become qualified or desirable clients?

Suffice to say that a client prospect is qualified if he or she will pay the fees quoted and meets all of the rest of your client selection criteria. Do the math – what percentage of the potential clients who contact you end up as good A or B clients?

In the next and last article in this series, we will look at the last four key marketing metrics, so stay tuned.

Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.

www.orangecountybar.org

PAGE 33

Associate Michael M. Brownlee, Esq. – Fisher Rushmer, P.A. David C. Dowell, Esq. – Fisher Rushmer, P.A. Andrew C. Hill, Esq. – Fisher Rushmer, P.A. Elizabeth C. Plummer, Esq. – Fisher Rushmer, P.A.

Partner Gary M. Berkson, Esq. – Roetzel & Andress, LPA Raymond L. Schumann, Esq. – Roetzel & Andress, LPA

Shareholder Michael C. Caborn, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. Michael P. Carolan, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. Nicole Latham Carolan, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. Timothy J. Kiley, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. Kimberly E. Lorenz, Esq. – Fisher Rushmer, P.A. Vanessa J. Skinner, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. April Y. Walker, Esq. – Carlton Fields Jorden Burt Richard B. Weinman, Esq. – Winderweedle, Haines, Ward & Woodman, P.A.

Managing Shareholder Philip A. K. Stiles, Esq. – Founder of Stiles Law, P.A.

Of Counsel J. Brock McClane, Esq. – Fisher Rushmer, P.A. Leslie S. White, Esq. – Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A.

Speaking Engagements Donna L. Draves, Esq., The Draves Law Firm, P.A., presented and participated as a panelist on the subject of Alternative Dispute Resolution at the 58th Congress of the Union Internationale des Avocats in Florence, Italy. Their committee was awarded the UIA Commission of the Year Award.

Events Mar. 4 – YLS Evening with the Judiciary. 5:30 p.m.-8:30 p.m.

Orlando Science Center’s “Dino Digs.” Registration: $40 at the door.

Mar. 27 – OCBA Professionalism Awards Presentation & Reception. 1:30 p.m.-3:30 p.m. Orange County Courthouse, Jury Assembly Room. Members and guests: Free. RSVPs are required

by March 22. Register through the OCBA Store – OCBA Events.

Mar. 27 – Judicial Investitures. 4:00 p.m. Dr. Phillips Center for the Performing Arts. Free. Registration not required. See announcement in this issue of The Briefs. RSVP to Helene Welch at ctadhw1@ocnjcc.org.

Apr. 15 – 11th Annual Texas Hold’em Poker Tournament & Happy Hour. Benefits the OCBA Foundation. 5:30 p.m.-8:00 p.m.

Harry Buffalo, 129 W. Church St., Orlando. Players: $25 by April 13; $35 at the door. Non-players: $15. Bring five canned goods items for the Pearlman Food Pantry and get $25 in extra poker chips. Event sponsored by Thomson Reuters Westlaw. See ad in this issue of The Briefs. Register through the OCBA Store.

Apr. 25 – 18th Annual OCBA Gala – Walk the Red Carpet! 7:00 p.m. Dr. Phillips Center for the Performing Arts. See ad in this issue of The Briefs for ticket and sponsorship information, or purchase tickets now at Brown Paper Tickets: http://ocbagala2015. bpt.me/.

Seminars Mar. 10 – Medicaid Advocacy: Welcome to Managed Care.

LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending.

Speakers: Ed Dimayuga, Esq. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Mar. 12 – Beyond the Basics in Voir Dire – Getting More Out of Your Questioning. Brown Bag Lunch with Judge John Kest.

12:00 p.m.-1:15 p.m. Orange County Courthouse, Courtroom 10D. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org, or 407-8360443.

Mar. 17 – Get to Know Chief Judge Frederick Lauten. Solo & Small Firm Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0. Fee: Free. Lunch included for registrations received

by March 13. Register through the OCBA Store.

Mar. 20 – Get to Know The Hon. Patricia A. Doherty. Family Law Committee Brown Bag Lunch Seminar. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0. Fee: Free, but registration required by March 18 through the OCBA Store.

Mar. 24 – GAL: Effective Advocacy for LGBTQ Youth in Dependency. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Sally McArthur, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Apr. 1 – The Ethics of Using Social Media and Sharing Your Brand in the Digital Marketplace. Business Law and Technology Committees Joint Major Seminar. 11:30 a.m.-2:45 p.m. OCBA Center. CLE: 3.0 (incl.1.5 ethics). Speakers: Corey Saban, Associated Press TV journalist and Brian Albert, Founder and Developer of THELAW.TV. Lunch included in registration. Fee: $40 for OCBA members; $25 for OCBA government, law student, and paralegal student members; $50 for non-members. Registration required

by March 28 through the OCBA Store.

Apr. 7 – Chapter 751 Temporary Custody. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: William A. Davis, Jr., Esq., and Cathy Tucker, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Apr. 8 – Understanding Metadata and Your Ethical Responsibilities with Your Legal Documents. Technology Committee Webinar. 12:00 p.m.-1:00 p.m. Location: your desktop or mobile device. CLE: 1.0. Fee: $25 for OCBA members; $35 for non-members. Purchase through the OCBA Store by April 7. Once you

An no u n ce ments

PAGE 34 www.orangecountybar.org

theBriefs March 2015 Vol. 83 No. 3

have purchased the webinar, see the webinar registration code at the bottom of your confirmation receipt. You must go to the webinar site and enter your registration code to access the webinar. Allow time prior to the start of the webinar to register. The webinar is offered only on the date and time indicated above.

Apr. 9 – Tentative Date. Brown Bag Lunch with Judge John Kest.

Details TBA. Apr. 10 – Criminal Law Committee Major Seminar. Save the date. Details TBA on the OCBA website calendar and in the OCBA Store.

Apr.14 – Overview of Federal Labor and Employment Laws.

Labor & Employment Law Committee Major Seminar. 12:00 p.m-4:00 p.m. OCBA Center. CLE: 3.0 (pending). Speakers include Robert Weisberg, Esq., Regional Attorney, EEOC Miami District Office. Fee: $40 for OCBA members; $25 for OCBA government, law student, and paralegal student members; $50 for non-members. Registration required by April 10 through the OCBA Store.

Apr. 17 – Get to Know Orange County Clerk of Courts, The Hon. Tiffany Moore Russell. Family Law Committee Lunchtime Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: pending. Fee: Free, but registration is required by April 15 through the OCBA Store.

theBriefs March 2015 Vol. 83 No. 3

Apr. 21 – GAL: Crossover Kids: The GAL’s Role in Advocating for Children with Delinquency and Dependency Involvement. LAS Lunchtime Training. 12:00 pm.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending.

Speaker: Kate York, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Apr. 21 – Attorney’s Fees: Considerations in Court-awarded Fees. Appellate Practice and Solo & Small Firm Committee Joint Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending).

Speakers: Nicholas Shannin, Esq.; Barbara Eagan, Esq.; Margaret Kozan, Esq. Fee: Free, but registration is required by April 19 through the OCBA Store.

Apr. 28 – Development Exactions and Unconstitutional Conditions. Real Property Committee Major Seminar. 8:30 a.m.11:45 a.m. OCBA Center. CLE: 2.5. Speaker: Jay Small, Esq. Fee: $40 OCBA members; $25 OCBA government, law student, and paralegal student members; $50 non-members. Registration required by April 24 through the OCBA Store.

Apr. 29 – E-Discovery 2015. Paralegal Section Lunchtime Seminar. 11:45 a.m.-1:00 p.m. OCBA Center. CLE: 1.0. Speaker: Adam Losey, Esq. Fee: $8 OCBA members; $10 non-members. Lunch provided. See OCBA website calendar for registration details.

www.orangecountybar.org

PAGE 35

CLASSIFIED ADS EMPLOYMENT

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

ate with 2-5 years’ experience.

Competitive salary and benefits. Send cover letter, resume and writing sample to Larry Hall, Adams Hall Schieffelin & Smith, P.A., P. O. Box 1090, Winter Park, FL 32790 or via e-mail at lhall@hahslaw.com.

is seeking a PERSONNEL DIRECTOR. This position requires a Human Resources or related degree and/or 5+ years HR Management experience.

Salary commensurate with experience; excellent benefits. All submissions held in confidence.

Resumes to Personnel Director, PO Box 3000, Orlando, FL 32802 or by email to lbearden@ zkslawfirm.com.

fax available. Reception area.

Please call John Pierce at (407) 898-4848.

Lake Eola View with two executive offices; furnished or unfurnished, $1,690.69 monthly. 407.451.3150.

“AV rated” Orlando law firm is seeking a motivated

OFFICE SPACE/SALE/RENT/ LEASE

Downtown office Building for Sale, approx-

AV Rated Winter Park Medical Malpractice Defense Firm seeks Associ-

attorney with a minimum of 3 to 10 years Florida experience in Estates & Trusts. Portable book of business is a must. Great earnings opportunity and a generous benefits package available.

All inquiries are kept strictly confidential. Submit cover letter and resume to: LSkinner@ fisherlawfirm.com.

ZIMMERMAN, KISER & SUTCLIFFE, an AV-rated law firm

located in Orlando, Florida,

Free standing office building for lease, walk-

ing distance to courthouse, totally renovated in September 2014, 2100 sq ft, $3500 per month, gross, contact Bill at The Bywater Company, 407206-7300, bill@bywater.com.

OFFICE SPACE AVAILABLE FOR RENT. Close to Down-

town Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/

PAGE 36

Fully renovated 1650 sq. ft. building on Edgewater

Drive. 6 offices, break room and reception area. Call 407-2478756 or david@yergeylaw.com.

imately 4,500 square feet, 12 offices, 2 conference rooms, fully leased to individual tenants.

Move your firm in and have the tenants pay your mortgage and more. Great opportunity. Please email mjrebr@aol.com.

OFFICE SPACE SHARED

law firm near Park Avenue has 2 window offices and work stations for sublet, with plentiful parking and

Winter Park

www.orangecountybar.org

access to kitchen & conference rooms. Call 407-647-5551.

PROFESSIONAL SERVICES

Mediate in Downtown Winter Park. Certified

Circuit Court Mediator with 25 years of civil litigation experience in warranty, products liability, personal injury, and premises liability matters.

Spacious office with plentiful parking. W. Scott Powell at 407-647-5551.

Digital Forensic Services serving central Florida- Cer-

tified Digital Forensic examiner with expertise in all areas of digital forensics: computers, cell phones, tablets, servers, cybercrime and expert testimony, for criminal, corporate and family law cases. Call or email Casey Gallagher at Premier Forensic Solutions for a free consultation!

Phone: (904) 372-8975 Email: info@premierforensicsolutions.com

theBriefs March 2015 Vol. 83 No. 3

Fisher Rushmer Has Attorneys Board Certified in Family and Appellate Law

Fisher Rushmer, P.A.’s family law department is led by Keersten Heskin Martinez who is a board certified marital and family law specialist and is trained in collaborative divorce.

Fisher Rushmer, P.A.’s appellate department is led by Jamie Billotte Moses who is a board certified appellate specialist, former Chair of The Florida Bar’s Appellate Court Rules Committee and founding Chair of the OCBA’s Appellate Practice Committee.

Keersten Heskin Martinez

Board Certified in Marital and Family Law

Jamie Billotte Moses

Board Certified in Appellate Practice

These specialists oversee their departments which include other experienced Fisher Rushmer Attorneys

Leigh Anne Miller, prior to going to law school, was a special education teacher.

That, with her family law GAL work, brings additional insight into child custody issues.

Michael Brownlee has extensive appellate experience in state and federal court in both civil and criminal appeals.

Leigh Anne Miller

Michael M. Brownlee

WWW.FISHERLAWFIRM.COM 407-843-2111 Offices Orlando

theBriefs March 2015 Vol. 83 No. 3

www.orangecountybar.org

PAGE 37

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

Available to accept referrals, consult or co-counsel on cases involving physicians, nurses, health professionals or health facilities.

REFERRAL FEES PAID TO REFERRING ATTORNEYS PURSUANT TO BAR RULES

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

Joanne Kenna, R.N., J.D. • J.D., Stetson University College of Law • Diploma, St. Anne’s Hospital School of Nursing • R.N., Illinois • Attorney licensed in Florida

• Medical Board Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

• Medicare/Medicaid Audit Defense • Professional Licensing • Medical Malpractice Defense

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases • Dental Board Cases

• Restrictive Covenants

MAIN OFFICE • 1101 DOUGLAS AVENUE • ALTAMONTE SPRINGS, FL 32714 TELEPHONE: (407) 331-6620 • (850) 439-1001 • TELEFAX: (407) 331-3030

BY APPOINTMENT • 37 N. ORANGE AVE., STE. 500 • ORLANDO, FL 32801

BY APPOINTMENT • 201 E. GOVERNMENT STREET • PENSACOLA, FL 32502

BY APPOINTMENT • 155 E. BOARDWALK DRIVE, STE. 424 • FORT COLLINS, CO 80525 www.ThehealThlawFirm.com

PAGE 38 www.orangecountybar.org

theBriefs March 2015 Vol. 83 No. 3

VOTE !

The Florida Bar Young Lawyers Division Board of Governors SEAT 1

SEAT 2

KYLE A. DIAMANTAS

linkedin.com/in/kylediamantas

MICHELLE SWIREN ZALTSBERG linkedin.com/in/MichZaltsberg Twitter: @MichZaltsberg

Ballots are mailed or emailed on or before Monday, March 2, 2015 and must be received prior to midnight, Monday, March 23, 2015.

Votes may be submitted online or by mail.

www.bakerdonelson.com THIS IS AN ADVERTISEMENT. Donald E. Christopher is managing shareholder of the Orlando office of Baker Donelson and is located at 200 South Orange Avenue, Suite 2900, Orlando, FL 32801. ©2015 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

theBriefs March 2015 Vol. 83 No. 3 www.orangecountybar.org

PAGE 39

OCBA Calendar March

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

Evening with the Judiciary

A Prehistoric Party

5:30 p.m. • Orlando Science Center

6 9 10

Law Week Committee 12:00 p.m. • OCBA Center

Estate, Guardianship & Trust Committee 12:00 p.m. • OCBA Center

Professionalism Committee

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

12

Brown Bag Lunch with Judge John Kest

Beyond the Basics in Voir Dire – Getting More Out of Your Questioning

12:00 p.m. • Orange County Courthouse, Courtoom 10D

Social Security Committee

12:00 p.m. • OCBA Center Criminal Law Committee 12:00 p.m. • OCBA Center

Solo & Small Firm Committee Seminar

Get to Know Chief Judge Frederick J. Lauten

12:00 p.m. • OCBA Center Paralegal Section St. Patrick’s Day Social

5:30 p.m. • Frank & Stein’s

18

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

OCBA Professionalism Awards Presentation

1:30 p.m. • Orange County Courthouse, Jury Assembly Rm.

Judicial Investitures

4:00 p.m. • Dr. Phillips Center for the Performing Arts

20

Family Law Committee Seminar

Get to Know The Hon. Patricia A. Doherty

12:00 p.m. • OCBA Center

24

LAS Lunchtime Training

GAL: Effective Advocacy for LGBTQ Youth in Dependency

12:00 p.m. • Marks St. Senior Center

3 7

OCBA Orlando City Soccer Event 7:00 p.m. • Orlando Citrus Bowl

Real Property Committee

12:00 p.m. • OCBA Center

Inside The Courts Program

6:30 p.m. • Orange County Courthouse, Jury Assembly Rm.

8

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

Veterans Committee

12:00 p.m. • OCBA Center

Appellate Practice Committee 12:00 p.m. • OCBA Center

Judicial Relations Committee

12:15 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm.

Social Committee Contact chair

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

Appellate Practice and Solo & Small Firm Committee Joint Seminar

Attorney’s Fees: Considerations in Court- awarded Fees

12:00 p.m. • OCBA Center

Inside The Courts Program

6:30 p.m. • Orange County Courthouse, Jury Assembly Rm.

23 24 25

OCBA Law Week Luncheon 11:30 a.m. • Ballroom at Church Street

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

Inside The Courts Program

6:30 p.m. • Orange County Courthouse, Jury Assembly Rm.

29

Criminal Law Committee Seminar Save the Date • Orange County Courthouse

www.orangecountybar.org

Family Law Committee Seminar

Get to Know Orange County Clerk of Courts, The Hon. Tiffany Moore Russell

12:00 p.m. • OCBA Center

Real Property Committee Major Seminar

Development Exactions and Unconstitutional Conditions

8:30 a.m. • OCBA Center

Brown Bag Lunch with Judge J. Kest

Tentative Date

YLS Monthly Luncheon 11:45 a.m. • Citrus Club

28

OCBA Executive Council

4:30 p.m. • OCBA Center

10

17

18th Annual OCBA Gala

7:00 p.m. • Dr. Phillips Center for the Performing Arts

Workers’ Compensation Committee

12:00 p.m. • OCBA Center

25

11th Annual Poker Tournament & Happy Hour

5:30 p.m. • Harry Buffalo

LAS Lunchtime Training

GAL: Crossover Kids: The GAL’s Role in Advocating for Children with Delinquency and Dependency Involvement

12:00 p.m. • Marks St. Senior Center

Professionalism Committee

12:00 p.m. • OCBA Center

9

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

21

LAS Lunchtime Training

Chapter 751, Temporary Custody

12:00 p.m. • Marks St. Senior Center

Inside The Courts Program

6:30 p.m. • Orange County Courthouse, Jury Assembly Rm.

Business Law & Technology Committees Joint Major Seminar

The Ethics of Using Social Media and Sharing Your Brand in the Digital Marketplace

11:30 a.m. • OCBA Center

Labor & Employment Law Committee Major Seminar

Overview of Federal Labor and Employment Laws

12:00 p.m. • OCBA Center

15

Technology Committee Webinar

Understanding Metadata and Your Ethical Responsibilities with Your Legal Documents

12:00 p.m. • Webinar

YLS Monthly Luncheon 11:45 a.m. • Citrus Club

PAGE 40

Bankruptcy Law Committee 12:00 p.m. • OCBA Center

OCBA Executive Council

4:30 p.m. • OCBA Center

27

Law Week Committee

12:00 p.m. • OCBA Center

13 17

Downtown Orlando

1

Veterans Committee

12:00 p.m. • OCBA Center

13 14

April

11

RSVP by March 20, 2015

www.orangecountybar.org/products/socialevents

Paralegal Section Membership Meeting

11:45 a.m. • OCBA Center Estate, Guardianship & Trust Committee

5th Annual YLS Dodgeball Tournament 12:00 p.m. • OCBA Center

5:30 p.m. • 1st Presbyterian Church,

LAS Lunchtime Training

Medicaid Advocacy: Welcome to Managed Care

12:00 p.m. • Marks St. Senior Center

March 27, 2015 1:30 p.m. – 3:30 p.m.

Orange County Courthouse Jury Assembly Room

MARCH - APRIL

3 4

OCBA Professionalism Awards Presentation

Paralegal Section Seminar

E-Discovery 2015

11:45 a.m. • OCBA Center

theBriefs March 2015 Vol. 83 No. 3