Karen L. Persis, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award
The Honorable Arthur B. Briskman James G. Glazebrook Memorial Bar Service Award
Charles T. Wells, Esq. William Trickel, Jr. Professionalism Award
Inside this Issue: President’s Message Best Buddies Jobs Program: An Invaluable Resource for Employers and Employees Wiley S. Boston, Esq.
March 2017 Vol. 85 No. 3
Professionalism Committee Remarks upon Receipt of the OCBA’s 2017 William Trickel, Jr. Professionalism Award Charles T. Wells, Esq.
Immigration Law Committee What is Going on With Immigration Now? Jorge E. Sevilla, Esq. Legal Aid Society Teaching Tips DACA Application Tips Ana Bernal Roberts, Esq.
March 2016 Vol. 84 No. 3
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theBriefs March 2017 Vol. 85 No. 3
www.orangecountybar.org
PAGE 1
Contents 3
President’s Message Best Buddies Jobs Program: An Invaluable Resource for Employers and Employees Wiley S. Boston, Esq.
4
Professionalism Committee Remarks upon Receipt of the OCBA’s 2017 William Trickel, Jr. Professionalism Award Charles T. Wells, Esq.
5
OCBA April Luncheon Law Week
6
Clerk’s Corner Access, Public Records, and Prospects Tiffany Moore Russell, Esq.
7
Chief’s Column Problem Solving Court Division The Hon. Frederick J. Lauten
8
15
Legal Aid Society GAL Teaching Advocacy for Autistic Children in Dependency Sarah L. McArthur, Esq.
16
Legal Aid Society What We Do... Sylvia’s Story Ana Bernal Roberts, Esq.
20-21
OCBA January Luncheon
27
YLS on the Move Jennifer A. Smith, Esq.
29
Paralegal Post Profile of Judicial Assistant, Cindy Brown Lori M. Spangler, FRP
30
Hearsay Vanessa A. Braga, Esq.
Immigration Law Committee What is Going on With Immigration Now? Jorge E. Sevilla, Esq.
36
11
37
Elder Law Committee Florida Elder Law Attorneys Take Note: Protection on the Horizon for Nursing Home Residents Stacy R. Preston, Esq.
14
Legal Aid Society Teaching Tips DACA Application Tips Ana Bernal Roberts, Esq.
New Members Announcements
38
Classifieds
40
Calendar
the Briefs ©2017 Co-Editors Téa Sisic, Esq. & David A. Meek, Esq.
Associate Editor C. Andrew Roy, Esq. Hearsay Columnist Vanessa A. Braga, Esq. Side Bar Columnist Kimberly A. Lopez, Esq. YLS on the Move Jennifer A. Smith, Esq.
w OFFICERS Wiley S. Boston, Esq., President Elizabeth F. McCausland, Esq., President-elect Richard S. Dellinger, Esq., Treasurer Mary Ann Etzler, Esq., Secretary w EXECUTIVE COUNCIL Jared A. Brooks, Esq. Philip K. Calandrino, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Jamie Billotte Moses, Esq., Ex Officio Brett R. Renton, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero
DEADLINE INFORMATION
Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968
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Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-422-4551 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-422-4551 Young Lawyers Section 407-422-4551
theBriefs March 2017 Vol. 85 No. 3
President’sMessage
March 2017 Best Buddies Jobs Program: An Invaluable Resource for Employers and Employees
H Wiley S. Boston, Esq.
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arold rides the bus to his future employer several times for practice, preparing for every contingency. Like a soldier getting ready for a mission, nothing is left to chance. He gets nervous as the day approaches, but also feels a sense of exhilaration and purpose. He knows that he can help his new employer succeed and earn an honest paycheck while doing it, but he needs to get it right. He is not throwing away his shot. When the first day arrives, he walks into the office of his new law firm and begins training. He is still nervous, but the friendly faces of the office staff help him feel more at ease. A representative from the Best Buddies Jobs program attends the training with him, helps him develop a notebook of job responsibilities that he can carry with him at work, and otherwise supports him through the process. It won’t always be easy, and some minor accommodations may be needed, but as the training progresses, Harold sees that with sufficient organization and preparation he can succeed with his new firm. His many responsibilities include overseeing daily meeting preparation work for eight conference rooms located on several floors of the SunTrust tower and assisting with supplies, mail, food, and drinks. It’s challenging work that requires great attention to detail, but the Best Buddies organization performed a vocational assessment and matched Harold’s skill set to the job responsibilities. As the weeks pass, Harold becomes more comfortable with his responsibilities and progressively more independent. Each paycheck represents more than the purchasing power of the money; it is a matter of pride and symbolizes purpose and success. But it is also a winning proposition for the business at which he works. Beyond the obvious benefits of having an employee who works hard and does quality work, having someone from the Best Buddies Jobs program as a co-worker adds immeasurably to the culture of the office. The other staff and lawyers look forward to seeing Harold and are excited to watch him become a part of the office community. This special relationship brings positive energy and boosts morale in the workplace. The Best Buddies Jobs program is a branch of the national Best Buddies organization’s Central Florida Division. It was launched in Central Florida in January, thanks to a grant from the Dr. Phillips Foundation. Most of the organization’s
programs are focused on building friendships for intellectually and developmentally disabled participants. Best Buddies works on integrating and mainstreaming participants into programs at the middle school, high school, college, and adult levels, promoting experiences similar to those who are in general education programs. For example, although I am aware it may not be appropriate to go up to someone I don’t know and give him or her a hug, program participants may not. Best Buddies helps by teaching its students about appropriate social behavior and boundaries (such as when not to hug), and other things that come from socializing and mainstreaming in general education. The Best Buddies Jobs program is a goal or finish line, of sorts, for the overall Best Buddies program. In Florida, students with a disability may stay in high school up until the age of 22, during which time the schools have worked to prepare students to become independent and ready to become employed. Best Buddies’ involvement helps students build resumes and learn how to travel independently, providing necessary support throughout the entire process. It also conducts in-home vocational assessment, identifying the participant’s goals, skills, and areas of opportunity, and works to find a match that best meets the needs of the student and the employer. Each student is different and suited for a different employer. Matching the person to the right position and environment, and providing proper training, is key. Harold started in January and is the first placement from the Best Buddies Jobs program in Central Florida; four other individuals are currently in the pipeline for placement in the area. Harold is one of nine participants that Holland & Knight is fortunate enough to employ. In addition to Harold in our Orlando office, Best Buddies Jobs program participants are working in the Miami, Boston, Los Angeles, New York, Chicago, and Jacksonville offices. Best Buddies is seeking other businesses that are interested in having Best Buddies visit and discuss what is involved in hiring someone with a disability. Its goal is to put someone in a position that uses the student’s skills, while fitting the needs of the business. Ideally, positions will start at 20 hours per week, with opportunities to expand to additional hours. There is no cost to the business other than the employee’s salary. Two threshold
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ProfessionalismCommittee
I Charles T. Wells, Esq.
Remarks upon Receipt of the OCBA’s 2017 William Trickel, Jr. Professionalism Award
am truly honored and grateful to be the recipient of the 2017 William Trickel Professionalism Award. It is especially meaningful to me since I was a friend of Bill Trickel beginning during our undergraduate days at the University of Florida. I knew Bill to be dedicated to and to work hard to implement the highest ideals and standards of our profession. Bill was tireless in working in The Florida Bar and the Orange County Bar Association to enhance the administration of justice in our community. I was admitted to the Florida Bar in June 1965, and that same month joined the OCBA. Obviously, Florida, The Florida Bar, and Orange County are vastly different in 2017 than they were in 1965. As I often remark, that was even before the Mouse came to town. In 1965 there were 9,281 members of The Florida Bar. Orange County had approximately 300 lawyers, and only a scattered few in our neighboring counties. Being small had the advantage of peer pressure on lawyers, and that served the profession well. It was harder for most of us (there were exceptions) to treat each other shabbily. We knew each other well. We held each other accountable. We were friends as well as adversaries. With the passage of the decades we have lost this advantage of smallness. With the explosion of population in our state and our community has come the necessary expansion of the Bar with more than tenfold the number of lawyers. This growth and change in population, in diversity, in social and political attitudes, as well as the digital information revolution have brought to us many advantages of prosperity in our culture. Likewise, though no one can ignore it, are that this growth and change have brought and is constantly bringing challenges as well. No place are those challenges more evident than those which confront lawyers and the courts. Lawyers have a unique and vital role in confronting and dealing with these challenges. Communities which are as large and diverse as ours are vitally dependent upon the rule of law. Whether it is in businesses, in domestic relations, in domestic and community safety, in estates, or in the myriad other ways that people have to interact with the law, our communities are increasingly dependent upon the trust, integrity, competence,
PAGE 4 www.orangecountybar.org
and efficiency of those of us who work with the law. If we fail these standards, our communities break down. Trust, integrity, adherence to the highest ethical standards, competence, and efficiency in providing legal services are the ingredients of what we call “professionalism.” We simply must expect lawyers to be what we would proudly refer to as professional, because so much is at stake. Because of our numbers, we no longer know each other as well, but we must still hold each other accountable as professional. In view of recent events, I add one more element to professionalism. I have read too many current headlines: “In today’s world, the truth is losing”; “alternative facts”; “fake news”; “This is a postfactual time”; “Truth is overrated.” This seems so ludicrous that at first blush it is hard to take seriously. But I am concerned that we must. I therefore conclude stating my steadfast belief that professionalism in the legal profession must be a bulwark against that which would even suggest there can be a dispensing with the truth. That is so plain that it seems to be foolish to even suggest otherwise. The law and our courts, in order to administer justice, criminal or civil, cannot be other than reality based. In turn, that totally relies upon a foundation of all involved, most particularly lawyers, being and living as ethically committed to the TRUTH. Therefore, I would add loyalty and commitment to “TRUTH” to what professionalism is. TRUTH has always been and always will be the sine qua non for justice. Justice is what lawyers and professionalism are all about. Charles T. “Charley” Wells, Esq., of counsel at GrayRobinson, P.A., is a member of the firm’s Appellate and Litigation practice groups and is an expert witness in cases involving claims of legal malpractice and claims alleging insurer’s bad faith. He is a registered legislative lobbyist in issues of tort and insurance reform. Mr. Wells served for more than 14 years as a justice on the Florida Supreme Court and was the chief justice from July 1, 2000, until July 1, 2002. He presided over the election cases that were decided by the court following the presidential election in November 2000, which have collectively become known as Bush v. Gore. Mr. Wells has been a member of the OCBA for 52 years.
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OCBA LuncheonThursday, April 27, 2017
T
Law Week 2017 The 14th Amendment: Transforming American Democracy
he 2017 theme provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society. Through its Citizenship, Due Process, and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states. Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment continues to serve as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law. Students from throughout Orange and Osceola counties have been tasked with exploring the theme – The 14th Amendment: Transforming American Democra-
cy – through speech contests, poster contests, mock trials, judicial job shadowing, and more. Law Day is an annual commemoration first held in 1957 when the American Bar Association president Charles Rhynes envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day. The Orange County Bar Association’s award-winning Law Day program spans several months and includes school and community events.
The Ballroom at Church Street 11:30 a.m. - 1:00 p.m.
225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Law Week Committee Please RSVP by Monday, April 24, 2017 RSVPs will not be accepted after April 24, 2017 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than
April 24, 2017
To cancel, contact Marie West at mariew@ocbanet.org.
See cancellation policy on the OCBA website homepage. There is no March luncheon.
theBriefs March 2017 Vol. 85 No. 3
www.orangecountybar.org
PAGE 5
Clerk’sCorner
I Tiffany Moore Russell, Esq. Orange County Clerk of Courts
Access, Public Records, and Passports
n keeping my commitment to increase access to the courts for all people, I am happy to announce this month my office will be offering another legal forum workshop. This time we will concentrate our efforts on public records by providing a workshop at the courthouse to inform and educate individuals about what is considered a public record and how to request them. This forum is being held in March as we recognize Sunshine Week. Across the country, Sunshine Week is marked by panel discussions, workshops, and other events about using and understanding the latest developments in freedom of information resources. This is another effort to expand my office’s efforts to reach out to our customers directly in the community and to offer free forums that will help them. Public records are a valuable way for people, businesses, and organizations to make betterinformed decisions in their daily lives. This forum is the expansion of the legal forums I began about a year ago called Legal Matters. I also continue to take time to speak to various organizations, such as local rotary clubs, commu-
nity associations, and local community groups to share all the services the Clerk’s Office provides. Since we are the information hub of the justice system, we interact with all who do business with the courts, including judges, attorneys, parties to cases, agencies, and the legislature. Next month we will again make it easier for working families with children to get their passports in time for summer vacation travel plans abroad. During Passport Week, April 24-29, we will again extend our normal business hours at our Apopka, Ocoee, and Winter Park branches to make it more convenient for people in need of a passport. We are even opening those offices on Saturday, April 29, for passport services. With customer service, access to courts, and technology in mind, more initiatives are always on the horizon. Look for more updates during the year on the Clerk’s website, social media platforms, in our monthly e-newsletter and, of course, in upcoming issues of The Briefs. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.
New! Brown Bagging with the Bobs The Honorable Bob Egan & the Honorable Bob LeBlanc
Bring your lunch and get ready for this new series of great practice pointers, starting March 13 with “Helpful Hints on Motion Practice and Ex Parte/Short Matters.” 12:00 p.m.-1:00 p.m. ||| Orange County Courthouse, 23rd Floor RSVP to: Lynn Harasti at ctjalh1@ocnjcc.org PAGE 6
www.orangecountybar.org
theBrief s March 2017 Vol. 85 No. 3
Chief’sColumn
W
Problem Solving Court Division
hen Sandra Benson* was arrested in 2013 at age 23 for possession of heroin and drug paraphernalia, it was her third arrest in as many years, but her substance abuse issues had begun long before that. A recreational user of marijuana and alcohol from the age of fourteen, Sandra’s drug use intensified in her early twenties when she added cocaine, painkillers, and heroin to the mix and resorted to risky and illegal activities to fund her addiction. All her resources went The Honorable Frederick J. Lauten to securing her next fix. She lived on the streets, attempted suicide twice, and was hospitalized Chief Judge from overdoses three times. And, at the time of Ninth Judicial Circuit Court her 2013 arrest, she was pregnant. Given the option of five years in prison or participation in Adult Drug Court, she opted against prison over the protestations of her cellmates who told her she wouldn’t make it. Fully aware that her success depended on how well she applied herself and used the resources the program offered, Sandra began the rigorous schedule of individual and group counseling, court hearings, home visits, near-daily drug tests, and semi-weekly Alcoholics and Narcotics Anonymous meetings. Failure to successfully complete any of these components would have resulted in prison. After fourteen months, Sandra graduated from Adult Drug Court and remains clean to this day. Determined to make a new life for herself and her son, she credits the program for changing her life. In a different location, Sandra’s story might have ended very differently. The issues surrounding her drug addiction could very well have been ignored. She would have served time, given birth in prison, and almost certainly would have reoffended upon her release. I am very proud of the Problem Solving Courts division in the Ninth Judicial Circuit Court, where we have the ability to address underlying issues that can contribute to criminal behavior. We can help defendants become clients instead of inmates. Through appropriate treatment and support services, we keep recidivism rates very low while also holding defendants accountable for their actions. And, in the end, the real benefit of these programs is that we generate far fewer career criminals. Specifically, we offer the following Problem Solving Court dockets: Adult Drug Court, Veterans
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Treatment Court, Mental Health Court, Juvenile Delinquency Drug Court, and Family Dependency Drug Court. Problem Solving Court programs are tailored for appropriate defendants who are deemed suitable for the program through a comprehensive screening package. Funding comes to us from a variety of sources and will always be a challenge because the needs far outweigh the resources. Further, we have achieved an outstanding level of cooperation among solid partnerships in government and not-for-profit service providers throughout the region. We are also fortunate to have Judge Reginald Whitehead as the presiding officer of the Problem Solving Courts division. Judge Whitehead has been involved in these kinds of court cases for more than twenty years. He brings a diverse set of skills to the bench as he has been a prosecutor, defense counsel, and a trial court judge. He has seen all sides of the judicial process and is committed to helping participants in his court address underlying issues that result in criminal charges being filed. He’s particularly passionate about juveniles, believing in addressing bad behavior and bad decisions before they have a chance to take root. “I tell everyone who comes before me for one of these programs that all he or she has to do is make their best effort to be successful in the program,” said Judge Whitehead. “We – the judge, the attorneys, the case managers, law enforcement – are all pulling for them. We want them to be successful, but they have to want it, too. Everybody with these kinds of problems deserves every opportunity to get clean or get better, and get their life back on track.” We have thousands of success stories about people just like Sandra. We are fortunate in the Ninth Judicial Circuit to have Judge Whitehead, criminal justice partners like the State Attorney and Public Defender, and a committed staff, all of whom work diligently to ensure that the Problem Solving Courts work. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993. *not her real name
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Immigration LawCommittee
O Jorge E. Sevilla, Esq.
What is Going on With Immigration Now?
ver the last couple of months, much speculation surrounded what to expect of the new President of the United States and the new administration. Immigration has been discussed and debated since before the election. This article will discuss the current state of affairs in the field of immigration law. More specifically, it will discuss some actions from the last five years and how quickly the Trump administration altered some of those policies. The first topic of discussion is the executive orders signed by President Trump on January 25, 2017, redefining criminal aliens and transitioning from specific enforcement priorities to broader immigration enforcement. Next, the article will cover the policy known as Consideration of Deferred Action for Childhood Arrivals (“DACA”). Lastly, it will discuss the provisional unlawful presence (“ULP”) waiver for certain individuals currently in the U.S. Enhancing Public Safety in the Interior of the United States Towards the end of 2013, eight bipartisan senators known as the “Gang of Eight” made an effort for comprehensive immigration reform that passed the Senate, only to be rejected before the House of Representatives. On November 20, 2014, President Obama introduced several executive actions that would expand DACA, expand the provisional ULP waiver, protect parents of U.S. citizens and lawful permanent residents (“DAPA”), and prioritize the U.S. Department of Homeland Security (“DHS”) enforcement efforts. The former DHS Secretary Jeh Johnson provided a policy memorandum on DHS priorities for apprehension, detention, and removal efforts.1 The memorandum discussed the three levels of priority for removing individuals from the U.S.2 DHS’s directive was to apprehend, detain, and remove (deport) any individuals who posed a threat to national security, public safety, and border security. The top category included individuals who engaged in or were suspected of terrorism, or captured at the border while trying to enter illegally, or convicted of a gang-related offense, or convicted of an aggravated felony.3 The other two categories encompassed less serious criminal violators, such as recidivist misdemeanants and “significant abusers of immigration visa programs.”4 However, after five days in office, President Trump signed two executive orders establishing guidelines for the new DHS Secretary, retired
PAGE 8
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Marine General John F. Kelly, and the U.S. Attorney General to follow in constructing a wall along the southern border with Mexico, and his administration’s plan on securing the interior U.S.5 The Executive Order titled “Enhancing Public Safety in the Interior of the United States” eliminates the Immigration and Customs Enforcement (“ICE”) Priority Enforcement Program (“PEP”), which strictly defined the agency’s priorities to focus its efforts on serious criminal immigration violators. The new action reclassifies ICE enforcement priorities, seeks to limit federal funding to certain cities that fail to comply with the order, and deputizes local law enforcement agencies “to perform immigration functions of an immigration officer” through agreements between the federal and state governments under section 287(g) of the Immigration and Nationality Act (“INA”).6 In eliminating PEP, the president has broadened the definition of a criminal for immigration purposes. The new order authorizes DHS officers to arrest and apprehend individuals who may be subject to removal (deportation) for any of the following grounds: “been convicted of any criminal offense,” or, “charged with any criminal offense, where such charge has not been resolved,” or, “committed acts that constitute a chargeable criminal offense,” or “engaged in fraud or willful misrepresentation.”7 Other grounds include public benefit abusers, persons with final orders of removal, and any person that an immigration officer deems a risk to public safety or national security.8 Based on the president’s directives, it is not likely that ICE attorneys will exercise much discretion in litigating cases before immigration courts, or that ICE officers will exercise discretion on cases with final removal orders to remain in the U.S., regardless of favorable factors, such as having U.S. citizen children. Consideration of Deferred Action for Childhood Arrivals (DACA) On June 15, 2012, DHS Secretary Janet Napolitano approved DACA to accept applications for deferred action by certain individuals in the U.S. who arrived as children and meet specific eligibility requirements.9 Deferred action is the use of prosecutorial discretion by the government to defer a person’s removal (deportation) from the U.S. DACA is not a legislative action, nor judi
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cial interpretation of law; it is merely an executive action. The agency sought to prioritize its resources to focus on more serious immigration law violators and potentially even undocumented criminals. To be eligible for DACA, the applicant must demonstrate that he/she arrived to the U.S. before his/her 16th birthday; is below 31 years of age as of June 15, 2012; he/she had no lawful status on June 15, 2012; is currently in school, has graduated from high school, or has obtained a general education development (“GED”) certificate; and, most importantly, has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.10 After President Trump’s inauguration, discussions of revoking DACA are rumored. DACA not only protects individuals from deportation, but allows the approved applicants to obtain work authorization.11 They can obtain a social security number, open bank accounts, and attend college or university, or technical schools, albeit with a higher cost than the average student tuition. Since they are unable to present lawful immigration status, many schools require them to pay foreign student tuition. In Florida, they pay in-state tuition.12 Many of these individuals were brought to this country at a young age and grew up thinking they were lawful permanent residents (“LPR”) or even U.S. citizens until they reached college/working age and were asked to present documentation of their lawful status. Since the inception of DACA, this program has allowed many “Dreamers” to become entrepreneurs and college graduates who contribute to their communities. Former DHS Secretary Johnson acknowledged these contributions.13 Secretary Johnson issued a letter to Congress about the need to safeguard DACA applicants’ information to be used solely for adjudication of applications and not for immigration enforcement purposes.14 The U.S. has benefitted by having a large population of young people contributing to the economy and overall welfare of the country. A total of 750,000 people are currently enrolled in DACA.15 DACA recipients are concerned about their future and likelihood of remaining in the country. These young individuals had no fault in coming to the U.S. – the country they love and cherish as their own. DACA is a beacon of hope that allows them to follow and achieve their dreams. The wait and see approach is the only option these individutheBriefs March 2017 Vol. 85 No. 3
als have as the new administration formulates a plan that may or may not include 750,000 DACA recipients. Provisional Waiver for Unlawful Presence In addition to DACA, President Obama directed DHS to enact the Provisional ULP Waiver through regulation on March 4, 2013.16 The final rule allows certain individuals to apply for a waiver while in the U.S., who have an approved petition from a U.S. citizen family member, but are not eligible to apply for permanent residency in the U.S. because they have acquired ULP and would be barred from applying for re-entry to the U.S. for three or ten years upon their departure to complete the application process.17 In 1996, Congress enacted the Illegal Immigration Reform and Immigration Responsibility Act (“IIRAIRA”), providing for strict measures at the border and penalties for immigration violations. The most relevant penalties to this topic are the three- and ten-year restrictions for ULP.18 An individual who is in the U.S. without permission, or remains in the U.S. beyond the time allowed by the government, acquires ULP. Congress intended these amendments to the INA to be a deterrent to immigration violators. A person who remained in the U.S. without permission for a period of six months would be subject to a three-year bar upon departing the U.S.19 The restriction is extended to ten years if the person remains in the U.S. without authorization for more than one year.20 The law did not work as intended, because individuals soon realized they would not be barred from re-entry into the U.S. unless they left the U.S. Before March 4, 2013, applicants who were petitioned for by a U.S. citizen or lawful permanent resident family member, who did not have a lawful entry into the U.S., had only one option to apply for residence. Once the family member’s petition was approved, the applicant would need to travel to his/her home country and attend an interview at the U.S. Consulate to obtain LPR status. However, the consular officer at the time of the interview would apply the restriction, leaving only one option available: a waiver application. Unfortunately, the person now had to wait outside the U.S. while the waiver application was under review. If the waiver was ultimately denied, the person had to wait either three years or ten years before applying for permission to re-enter the U.S. The INA allows for a waiver of ULP under certain circumstances, granting the www.orangecountybar.org
U.S. Attorney General sole authority to determine a person’s eligibility.21 In 2002, the DHS secretary was also granted authority to review a person’s eligibility for a waiver.22 To obtain a waiver for ULP, the applicant must be an immigrant who is the spouse, son, or daughter of a U.S. citizen, or an LPR.23 The applicant must show the refusal of the waiver would result in extreme hardship to the U.S. citizen or LPR spouse or parent of the applicant.24 Extreme hardship is not defined by statute, but the government has issued some guidance regarding the factors considered with this application. The decision for a waiver application is final and not eligible for judicial review.25 On March 4, 2013, the final rule authorized by President Obama now allowed for waiver applicants to remain in the U.S. prior to departing to their designated country to complete consular processing.26 Hence, individuals no longer had to fear being separated from their families while waiting for adjudication of the wavier application. If denied, the person remained in the U.S. with another opportunity to apply for the waiver. On August 29, 2016, DHS announced an expansion for the provisional waiver process to the family members of LPRs.27 Although the INA provided for eligibility to such family members, the 2013 final rule was limited to applicants whose qualifying relative was a U.S. citizen, spouse, or parent. Currently, all statutorily eligible individuals can file for a provisional ULP wavier. There has not been much information as to whether the ULP waiver application process will be terminated. Many applicants have been able to remain with their family through this process and receive their permanent resident status. Immigration practitioners will continue to assist individuals who are eligible. Conclusion In closing, immigration has not experienced the legislative changes needed, but executive actions have fostered some change. President Trump immediately cemented his hardline stance on immigration by signing orders to build a wall and for stricter enforcement. However, many immigration professionals and organizations remain hopeful for DACA and the protections of the provisional ULP waiver. On January 27, 2017, two days after the executive orders discussed above were signed, President Trump signed another continued page 25
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Law Day 2017
Law Week 2017
Our Law Week activities include: Liberty Bell, Liberty Shield & Liberty Apple Awards Naturalization Ceremony Pathways in Law Job Shadowing with the Judges DUI Mock Trial Big Bad Wolf Mock Trial Poster & Speech Contest 5k Run Medal Design Contest 3rd Annual 5k Run Law Week Luncheon, April 27, 2017 We need your energy, time, and creativity! If you’re interested in participating, please contact co-chairs Andrew Roy at aroy@whww.com, or Jessica Travis at jessicatravispa@gmail.com.
The 2017 theme provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society. Through its Citizenship, Due Process and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states. Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment serves as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law.
Volunteers are needed now for the Big Bad Wolf Mock Trials with elementary school kids, as well as the DUI Mock Trials for high schoolers! Don’t forget about all the other great activities that need volunteers, too! Contact Andrew or Jessica today!
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Elder LawCommittee Florida Elder Law Attorneys Take Note: Greater Protection on the Horizon for Nursing Home Residents
A Stacy R. Preston, Esq.
cross the United States, roughly 1.5 million residents are living in about 15,000 longterm care facilities that participate in Medicare and Medicaid programs. To improve patient safety, security, and quality of care, the Centers for Medicare and Medicaid Services (“CMS”), in conjunction with the Department of Health and Human Services, enacted a comprehensive overhaul to long-term care facility regulations. The requirements for long-term care facilities receiving Medicare and Medicaid funding have not been extensively updated since 1991. As a result, the past year produced a variety of challenges to rules and perspectives on arbitration provisions in nursing home contracts. These updates have the potential to significantly impact the Florida elder law community. In Florida, there are about 683 licensed nursing homes. Medicaid covers the cost of care of more than half of all nursing home residents and pays for approximately 60% of all long-term care spending. As such, the impact of updated regulations in Florida will be noticeable. The National Academy of Elder Law Attorneys (“NAELA”) pledged its support to the CMS regulation overhaul. NAELA’s primary focus was on pre-dispute arbitration provisions in nursing home contracts. As a result of a coalition, which included NAELA, aging, and legal groups, CMS proposed a rule to end pre-dispute binding arbitration in nursing home contracts (the “Rule”). The rule, which was intended to be effective starting November 28, 2016, prevents long-term care facilities that receive government funding from requiring potential residents to agree to binding arbitration as a condition of admission to the facility. Arbitration may still be used on a voluntary basis, after a dispute has arisen. Opponents of the change contend arbitration provisions are a fair and often better and faster alternative to costly and time-consuming litigation for both sides. There is an additional argument that the rule violates the Federal Arbitration Act (“FAA”) and CMS lacks the authority to restrict the use of arbitration. In fact, the American Health Care Association joined a group of Mississippi nursing homes to file suit in a Mississippi federal court seeking a preliminary injunction to enjoin CMS from enforcing the rule banning pre-dispute arbitration
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agreements.1 On November 7, 2016, the district court granted the motion for preliminary injunction on the grounds that the plaintiffs were likely to prevail on their suit. The plaintiffs alleged that the rule is pre-empted by the FAA and that the mandate under which CMS promulgated the rule is too generalized. CMS did not provide independent evidence that the rule promotes nursing home resident “health, safety, and welfare.” It is unclear at this juncture how CMS will proceed given this roadblock. Elder law attorneys in Florida should closely follow this issue. Binding arbitration provisions have been a mainstay of many nursing home contracts, often to the detriment of the client. Many potential nursing home residents do not fully understand the implications of the arbitration provision, and the repercussions are not explained to them prior to signing the contract. Other times, the provision is hidden within the large volume of paperwork that is being signed. Furthermore, family members often sign on behalf of incoming residents, though they do not possess the legal right to do so. The proposed regulation changes come on the heels of a judicial offensive in Florida directed at binding arbitration provisions in long-term care facility contracts.2 In this case, Juan Mendez, Jr., admitted his father to Hampton Court Nursing Center. While not his father’s legal representative, Juan executed a long-term care contract on his father’s behalf that included a binding arbitration provision. The elder Mendez did not sign the contract. When the elder suffered an infection that caused him to lose his eye, Juan, now a representative of the elder’s estate, sued for negligence and statutory violations. The trial court granted Hampton Court’s motion to compel arbitration and the Third DCA agreed. The Supreme Court of Florida reversed. In September 2016, the Court decided that an arbitration provision cannot be binding against a non-signatory to a nursing home contract. The rationale expressed by the court was that a contract cannot bind a non-contracting party when their agreement is completely absent. Throughout the elder care advocacy community, efforts are continually being made to better the lives of our elder population. Pre-dispute bind-
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in the black box under the list of titles, don’t put the meeting time.
Legal Aid Society of the Orange County Bar Association, Inc. 2016 Free Lunchtime Learnings / CLE Applied for All Marks St. Senior Center |||| 99 E. Marks St., Orlando, FL 32803 March 7, 2017
12:00 p.m.-1:30 p.m.
Delinquency
March 21, 2017
12:00 p.m.-1:30 p.m.
Landlord / Tenant Law
April 4, 2017
12:00 p.m.-1:30 p.m.
Early Childhood Specialty Court
April 18, 2017
12:00 p.m.-1:30 p.m.
Family Law Discovery and Trial Prep
May 9, 2017
12:00 p.m.-1:30 p.m.
TPR Training
May 23, 2017
12:00 p.m.-1:30 p.m.
Family Law Issues
June 6, 2017
12:00 p.m.-1:30 p.m.
Serving Dependent Children with Developmental Disabilities
June 20, 2017
12:00 p.m.-1:30 p.m.
Defenses to Debt Collection and Garnishment
July 11, 2017
12:00 p.m.-1:30 p.m.
Keeping Children Safe Act / Sex Abuse & Chapter 39
July 25, 2017
12:00 p.m.-1:30 p.m.
Guardianship of the Person
August 8, 2017
12:00 p.m.-1:30 p.m.
Suitability Assessments
August 22, 2017
12:00 p.m.-1:30 p.m.
Panel on Ethics Issues for Pro Bono Attorneys
September 12, 2017
12:00 p.m.-1:30 p.m.
Equipping Children with Emotional Tools for Testimony, Reunification, and Parental Separation
September 26, 2017
12:00 p.m.-1:30 p.m.
Restoration of Rights
October 3, 2017
12:00 p.m.-1:30 p.m.
Adoption via Dependency Court
October 17, 2017
12:00 p.m.-1:30 p.m.
Family Law Issues
November 7, 2017
12:00 p.m.-1:30 p.m.
Impact of Early Childhood Trauma
November 14, 2017
12:00 p.m.-1:30 p.m.
TPS from Qualified Countries
December 5, 2017
12:00 p.m.-1:30 p.m.
TOPIC: TBD
December 12, 2017
12:00 p.m.-1:30 p.m.
Technology for Pro Bono Attorneys
Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.
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You are cordially invited to attend
Orange County Bar Association 2017 Professionalism Awards Presentation & Reception Friday, March 10, 2017 3:00 p.m. - 5:00 p.m. Orange County Courthouse Jury Assembly Room 425 N. Orange Ave., Orlando, Florida 32801 Please join us in honoring the recipients of this year’s professionalism awards Charles T. Wells, Esq. William Trickel, Jr. Professionalism Award Karen L. Persis, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award The Honorable Arthur B. Briskman James G. Glazebrook Memorial Bar Service Award Special remarks by retired Justice James E.C. Perry Florida Supreme Court Each of the recipients will be giving brief remarks, and a reception will follow. We invite all OCBA members & their guests to attend this special event at no charge.
the Investiture of Alan Lawson as a Justice of the Supreme Court of Florida on Wednesday, the fifth day of April, two-thousand and seventeen at three o’clock in the afternoon. The Courtroom of the Florida Supreme Court Reception to follow in the Rotunda RSVP pamstewart@flcourts.org or (850) 617-1855
Attendance during the remarks provides 1.0 CLE, including 1.0 in ethics, is pending.
RSVPs are requested by March 6, 2017. Register at the OCBA Store – OCBA Luncheons. (Reminder: There will be no OCBA Luncheon in March.)
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Legal Aid SocietyTeaching Tips
U Ana Bernal Roberts, Esq.
DACA Application Tips
nder Deferred Action for Childhood Arrivals (“DACA”), people who came to the United States as children and meet certain guidelines may obtain DACA relief for a two-year period, subject to renewal. You may request DACA consideration if you: 1) were under the age of 31 as of June 15, 2012; 2) came to the U.S. before the age of 16; 3) have continuously resided in the U.S. since June 15, 2007, up to the present time; 4) were physically present in the U.S. on June 15, 2012; 5) had no lawful status on June 15, 2012; 6) are enrolled in school, have graduated or received a certificate of completion from high school, have received a GED certificate, or are an honorably discharged veteran; and 7) have no convictions of a felony, significant misdemeanor, or three or more other misdemeanors, and are not a threat to public safety or national security. Imagine having lived in the U.S. since you were a child, with no legal immigration documents and fearing deportation when the only country you have ever known is the U.S. This is the story of many of our clients who feel they have no hope to succeed because they are unable to legally work or drive. The Legal Aid Society of the Orange County Bar Association, Inc., helps these clients by filing DACA applications, which provide them with a work authorization card, driver’s license, and social security card. This allows them to continue with their education, get a job, and become independent and self-supportive. The DACA process is somewhat complex because applicants need to prove that they were physically present in the U.S. during the periods specified in the guidelines. Often, DACA clients are teenagers or young adults and sometimes do not have the support of their parents. Therefore, they are vulnerable members in our society. As an immigration attorney at the Legal Aid Society, Ana Bernal Roberts, Esq., provides free legal services in these types of cases. The opportunity to make a positive difference in the lives of immigrants is what drives Ana to practice law. She has created the following DACA application process legal tips:
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1. Collect documents as evidence that you meet all the guidelines. These include, but are not limited to: birth certificate; passport with entry stamp; school records; U.S. high school diploma; U.S. GED certificate; military records; certificate of release or discharge from active duty; medical records; deeds, mortgages, or lease agreements; travel records; employment records; dated bank transactions; tax receipts; insurance policies; dated utility bills; or official records from a religious entity. 2. Complete USCIS forms I-821D, I-765, and I-765WS, which can be found on the USCIS website at www.uscis.gov. 3. Mail USCIS a cover letter, completed forms, a check or money order for the $465 application fee, 2 passport-style photos, and all supporting evidence. 4. Submit biometrics (USCIS will send a notice with a specific date and time for this). 5. Check the status of your application online. 6. If only applying for renewal of DACA status, complete only the renewal sections on form I-821D. If you have any questions, please contact Ana Bernal Roberts, Esq., at aroberts@legalaidocba. org, or 407-841-8310, extension 3124. For information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, development director, at dhaynes@legalaidocba.org or 407-515-1850. Ana Bernal Roberts. Esq., is an immigration attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2015.
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Legal Aid SocietyGAL Teaching
O Sarah L. McArthur, Esq.
Advocacy for Autistic Children in Dependency
range County’s volunteer attorney guardians ad litem (“GALs”) do the nearly impossible every day: they help our vulnerable dependent children – many of whom have experienced profound abuse and harm – achieve safety, stability, and a healthy lifestyle. While accomplishing this task is challenging enough on its own, establishing permanency for children with autism is even more difficult given their unique coping mechanisms. Autism Speaks, a national autism awareness and advocacy organization, reports that “Autism spectrum disorder (ASD) and autism are both general terms for a group of complex disorders of brain development. These disorders are characterized, in varying degrees, by difficulties in social interaction, verbal and nonverbal communication and repetitive behaviors. … ASD can be associated with intellectual disability, difficulties in motor coordination and attention and physical health issues such as sleep and gastrointestinal disturbances.” Children with autism have a wide range of abilities; they can be high or low functioning, verbal or nonverbal, and with or without major behavioral issues. Some of the autistic children who come into care do so because parents are overwhelmed with the child’s behaviors, and they simply lack the knowledge of how to best address those needs. Autistic children require structure and routine as much as possible. Disruptions in physical environment and normal routine can lead to frustration and anxiety, culminating in tantrums and other difficult to manage behaviors. Our dependent children with autism deserve to have their unique needs addressed to ensure their safety, security, and mental wellness. As the GAL, it is not only important, but very possible to advocate for these special needs in different areas. Education Most autistic children will have an Individual Education Plan (“IEP”) in place at their school. If not, and the child needs accommodations to access a free and appropriate education, then requesting an evaluation to determine what supports are needed is recommended. If an IEP is already in place, then reviewing the IEP assessment and existing IEP itself will provide a good understanding of the child’s educational needs. For an autistic child who has changed placement, it is generally best for the child to remain in the same educational setting. If the child
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must change schools, requesting assistance from specialists at the old and new schools can help create as smooth a transition as possible for the child. Placement Placement for an autistic child may be challenging depending on his or her functioning level. The more times the child is moved and his routine disrupted, the more aggressive behavior may become, increasing the difficulty of securing a sound placement. Simply put, there are not enough suitable placements for children with special needs. As a result, GALs must weigh the potential implications of sending a child to a proper foster home that is possibly out of county and farther away from his or her community. As advocates, we sometimes must make the difficult choice between returning the child to his parental home sooner than contemplated, or watching the child deteriorate through a succession of unsuccessful foster placements. Ultimately, GALs can increase the potential for family stability by ensuring parents receive child-specific, autismfocused education and services in-home. Therapy Services Several therapies and interventions are now available that have been proven to achieve amazing results for autistic children. Each child is different and there is no one therapy that is best for every child. Most families choose one type of intensive intervention that best meets their child’s needs. These methods, including applied behavioral analysis, have been proven to be the most successful in meeting behavioral, developmental, and educational goals. Traditional methods of therapy designed to address biological and medical conditions associated with autism have also yielded long-term benefits. These therapies include speech, language, occupational, physical, and auditory integration therapies. Social skills training, sensory integration, and dietary interventions are also available. Public Benefits Children with autism may be eligible for Supplemental Security Income (“SSI”) to assist with their special needs. Some children may come into care with benefits already in place, but, if not, GALs can request for the Department of Children and Families to apply for these benefits on behalf of the child. For children receiving SSI who reside in
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Legal Aid SocietyWhat We Do...
S Ana Bernal Roberts, Esq.
Sylvia’s Story
ylvia (pseudonym) is a 22-year-old Deferred Action for Childhood Arrivals (“DACA”) client. She was born in Manchester, United Kingdom. Her mother, who wanted to be an American citizen, would vacation in America with men she met online. Soon the family was living in Sanford, Florida. Sylvia’s mother was very abusive and mean-spirited. When her mother divorced, things at home only got worse. Since the mother had many children with different fathers and never worked outside the home, the family lived on child support. This mother had no parenting skills. For weeks at a time, the children would be abandoned and left with no food or clean clothes. At a young age, Sylvia and her brother, whom we shall call Michael, became the parent figures in the household. Sylvia and Michael made sure all of their siblings attended school. They all liked school, because at least there they were safe and fed. But there were other days when the children did not eat. With the loose change they found around the house or on the ground they would walk to the store to purchase cheap, groceries. At 16, Sylvia was kicked out of the house. Sylvia told her story, stating the following: This was not deserved as I was a good kid. I lived going from friend to friend, sofa to sofa. At 17, my mother let me back in. I had a roof over my head, but that was all. My mother would not feed me, clothe me, or provide life basics. On my 18th birthday, I came home from school to find my belongings in a garbage bag. Imagine, I was a pregnant high school senior and, once again, homeless. I did not give up. I knew that an education would be the only thing to get me through life. Therefore, while I was pregnant, I walked about 7 miles each way to school and back to my boyfriend’s house. I believe that as a result of all the stress, I miscarried my baby. To ensure that I graduated, I stayed after school and took every opportunity to be tutored. I worked with any teacher who offered me a smile, a suggestion, or an opportunity. While I lived with my boyfriend’s family, I saved every penny so that I could pay an attorney to help me become a legal permanent resident as I did not want to return to the United Kingdom. I was afraid to go back there since I had been living in the United States since I was 3-years-old and I felt this was my only country.
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My mother called immigration and had my16-year-old brother, Michael, removed from the country. Can you imagine a mother sending her own child back to his country with nothing? In the UK, Michael worked construction. He sent me money to live on and to save to hire an immigration attorney. After I lost my baby, I ended up in the hospital. When I went home, I found my change bag emptied. I had saved quarters, nickels, dimes, and pennies for an attorney, and the bag was now empty and thrown on the floor. My boyfriend decided that he needed my change for illegal drugs more than I needed it to eat and for an attorney. I just wanted to give up on life, but I did not. Again, I started saving whatever I could and focused on school. I switched schools so that I would not have to walk as far. The kids that I went to school with had different problems than mine. While I was worried about food, they worried about what color of car their parents should get them. While I worried about how I was going to afford school supplies, they worried about what type of makeup they were going to buy. While I worried about hand-me-down clothes, they worried about going to Disney or Universal. I focused on graduating and tried to figure out how to handle being in the United States without any legal immigration documentation. I did not have a cell phone, personal computer, iPad, car, or insurance. It was just me, using public phones and library computers seeking help. I walked to town agencies, begging for help. With my birth certificate in hand, I told my story to a kind person and she helped. I do not even know her name. She called my school and left information about the Legal Aid Society of the Orange County Bar Association. I called and scheduled an appointment. My mother was already a U.S. citizen and I begged her to help me become a legal permanent resident. My mother met me at the Legal Aid Society and told my attorney that she would sponsor me and sign the required immigration applications. She failed to keep her word. My attorney prepared the applications that my mother simply had to sign, but she refused to do so. She simply didn’t want me to continued page 33
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TO EXPECT FROM PHIL
CALANDRINO IF YOU ELECT HIM
SECRETARY
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OCBAPHIL.COM
3
THINGS
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Lake Baldwin Park 4963 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins Registration Fees: $30 – Feb. 1 - Apr. 15 $35 – Apr. 16 - race day NEW! Virtual Race Registration $30 – Dec. 5 - Apr. 15 Chip timing, custom shirts, kid’s run, entertainment, refreshments, finisher medals, and FUN! For details and to register, go to http://www.runsignup.com/ocbalawday5k SPONSORSHIPS AVAILABLE! Contact Amanda Nethero at amandan@ocbanet.org or Nikki Rodeman at ocbalawday5k@gmail.com
Proceeds benefit the Legal Aid Society of the OCBA, Inc. and the OCBA Foundation.
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Thursday, April 6, 2017 ♣ 310 Lakeside 301 E. Pine St., Orlando, FL 32801
5:30 p.m. Registration 6:00 p.m. Tournament begins Registration Fees: OCBA Members Players $20 per player in advance; $30 at the door Non-Players $10 in advance; $20 at the door Non-OCBA Members Players $30 per player in advance; $40 at the door Non-Players $15 in advance; $25 at the door Advanced registration deadline: April 4, 2017
All registrations include heavy appetizers, kegs of beer & a limited bar tab for wine & well drinks. Bring a bag of canned food to be donated to Second Harvest Food Bank for an additional $25 in chips. Player re-buy in will be allowed during the first 30 minutes of the tournament for $15. Poker Tables & dealers provided by Orlando Hold ’Em (Tips to dealers are appreciated.)
Event sponsors: First Green Bank, Umansky Law Firm, Orange Legal Litigation Support Services, and Westlaw
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Judge Eric DuBois, Judge John Jordan
Ryan Williams, Esq.
100% Club: Meglino Morse Law, LLC. Heather Meglino, Esq., Erin Morse, Esq., Liz McCausland, Esq.
Tom Zehnder, Esq.
Judge Brian Duckworth, Tom Zehnder, Esq., Wiley Boston, Esq., President, OCBA Mary Anne De Petrillo, Esq.; Lavinia Dierking, John Dierking, Esq., Recipient, Judge J.C. “Jake” Stone Distinguished Service Award; Dave Cannella, Esq., President, Legal Aid Society
PHOTOS: Flo Boehm
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OCBA January Luncheon January 19, 2017
The Ballroom at Church Street David B. King, Esq., Founding Shareholder King, Blackwell, Zehnder & Wermuth, P.A. Sponsored by Data Analyzers, First Green Bank, Lexis Nexis
David B. King, Esq.
Aramis Alaya, Esq., State Attorney
John R. Dierking, Esq.
Dave Cannella, Esq.
Wiley Boston, Esq.
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A PROVEN LEADER Michelle Suskauer for 2017-2018 President-elect of The Florida Bar
Michelle is on The Florida Bar Board of Governors, Past President of the Palm Beach County Bar Association, Past President of Palm Beach County FAWL and President of the PBC Legal Aid Society Board. She is a former government lawyer and is the managing partner of a small criminal defense firm. Michelle is a passionate advocate for all lawyers: u u u u u
Increased competition Voted against reciprocity Quality of life Changing technology Funding for the judicial branch
ENDORSED BY: u u u
13 Past Presidents of The Florida Bar 37+ Members of The Florida Bar Board of Governors (Past and Present) 150+ Voluntary Bar Leaders Across the State Some of the Orange County leaders supporting Michelle Suskauer: Paul SanGiovanni • Mary Ann Morgan • Wayne Helsby • Julia Frey • Scott McMillan • Michael Damaso • Orman Kimbrough • Warren Lindsey • Richard Newsome • Tiffany Faddis • Barbara Leach • Michael Snure • Tad Yates • Suzanne Gilbert • Mark NeJame • Jamie Moses • Amanda Carl • Robert Alfert • Frank Bedell • Paul Scheck • R. Lee Bennett • Russell Divine • Brian Wilson • John Fisher • Thomas Zehnder • Thomas Wert
Vote from March 1 to March 21, 2017 | Look for your ballot in the mail or email Facebook.com/MichelleSuskauerFL PAGE 22
michelle @suskauerfeuer.com www.orangecountybar.org
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THE ART OF THE REFERRAL Orange County Bar Association Election Notice The names of nominees for the following offices are listed on the OCBA website.
OCBA Vice President /President-Elect OCBA Treasurer OCBA Secretary OCBA Executive Council Members Legal Aid Society Board of Trustees Young Lawyers Section At-Large Board Members
Voting shall be by electronic ballot emailed to each voting member of the Association on Wednesday, March 1, 2017. Members eligible to vote will receive, via email, a secure, non-identifying link to the electronic ballot.
Where Would You Turn
for a tried and true solution that has already stood the test of time?
Voting will begin on Wednesday, March 1, 2017 and close on Friday, March 31, 2017. Electronic ballots must be cast no later than midnight March 31, 2017, and paper ballots must be received in the OCBA office no later than 5:00 p.m. March 31, 2017.
is without an Intellectual Property Department or the adequate expertise or resources,
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.
you and your clients’ I.P. legal issues could be best served by working together with us,
If you have any questions, please contact the communications manager at 407-422-4551, ext. 227, or peggys@ocbanet.org.
Intellectual Property Law can be arcane and confusing to the uninitiated. If your firm
a highly-recognized, well-established, well-practiced Intellectual Property law firm. Every attorney in our firm is an Intellectual Property attorney. Most are Shareholders, Registered Patent Attorneys, many are Board Certified, all are dedicated professionals. Consider protecting your clients‘ brainstorm with the brain trust of Allen, Dyer, Doppelt, Milbrath & Gilchrist, an Intellectual Property law firm established in 1972. ADDM&G has protected the intrinsic rights of clients’ original ideas and unique technologies through the application of patents, trademarks, copyrights, licensing, infringement, trade secrets and unfair competition protection, business litigation and counseling for 44 years. ADDM&G serves clients locally, statewide, nationally and internationally.
Orlando 4078412330 | Jacksonville 9043987000* | Miami 3053748303 Tampa 8136394222* | Winter Springs 4077965064 | www.addmg.com Listed in Intellectual Property Today as: 22ND in the nation for trademarks issued Top 100 in the nation for patents issued
Patents Trademarks Copyrights Litigation theBriefs March 2017 Vol. 85 No. 3
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LANSE SCRIVEN
I AM HONORED TO BE UNANIMOUSLY ENDORSED BY ALL 5 ELIGIBLE* PAST PRESIDENTS UNDER WHOM I HAVE SERVED ON THE FLORIDA BAR BOARD OF GOVERNORS, AS WELL
F O R P R E S I D E N T- E L E C T O F T H E F L O R I D A B A R
A SERIOUS LEADER FOR SERIOUS TIMES
AS 5 ADDITIONAL PAST PRESIDENTS.
“I know what it takes to lead our bar. I can’t think of a lawyer better prepared to lead our profession than Lanse. He has my unqualified endorsement.”
“[B]alanced, reliable, measured, inclusive, respectful . . . ” SCOTT HAWKINS President 2011-12, West Palm Beach
MAYANNE DOWNS – President and Managing Director of GrayRobinson Florida Bar President 2010–11, Orlando
“[A] person of strong character.” “[T]he best person to lead the bar . . .”
SMALL AND LARGE FIRM EXPERIENCE • Successful Solo Practitioner, 10 years • Partner in Florida Law Firm, Trenam Law, 16 years • Partner in Florida Ofce of National Firm, 2 years
GWYNNE YOUNG President 2012-13, Tampa
DIVERSE AND MEANINGFUL LEADERSHIP • President, Hillsborough County Bar Association • President, Florida Chapter, National Bar Association • President, George Edgecomb Bar Association VAST EXPERIENCE ON COMPLEX BAR ISSUES • Committee on Constitution Revision Commission • Executive Committee, Board of Governors, 2015 • Voted Against Reciprocity
“Lanse is the most qualied to lead the bar at this time.” EUGENE PETTIS President 2013-14, Fort Lauderdale
“[P]ossesses the legal acumen, temperament and judgment to lead our bar at this important time.” RAY ABADIN President 2015-16, Miami
Endorsed By Over 1,600 Members of The Florida Bar
*Two of those past presidents serve on the Election Committee and cannot endorse either candidate.
To learn more about my qualifications and endorsements, please visit VoteForLanse.com
JUMP START YOUR CAREER! New Lawyer Training Program
The Fundamentals of Practice in Orange County
August 4 & 5, 2017
Recipient of The Florida Bar’s Henry Latimer Center for Professionalism 2016 Group Professionalism Award OCBA New Lawyer Training Program
• Learn how to navigate the legal system from the experts –judges, court officials, & seasoned attorneys • Get tips on court procedures & processes • Learn the nuts & bolts of starting your own practice Before May 1, 2017: Earlybird Price: $150 – student or current OCBA member $175 Non-member After May 1, 2017: $175 – student or current OCBA member $195 Non-member
Includes breakfasts, lunches, receptions, & OCBA student membership! • 8.0 CLE
Enroll online today! www.orangecountybar.org or contact 407-422-4551, ext. 225
Sponsored by:
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Immigration Law Committee continued from page 9
order suspending the U.S. Refugee Admissions Program for four months. In a more drastic measure, he restricted travel of immigrant and nonimmigrant visa holders from the following seven predominantly Muslim countries: Iran, Iraq, Syria, Libya, Yemen, Somalia, and Sudan.28 Based on the order’s broad scope, numerous visa holders, including some LPRs, who were nationals of the restricted countries, were detained at ports of entry for hours by Customs and Border Protection officers.29 Some federal courts throughout the nation are presiding over actions challenging the executive order’s constitutionality.30 The new administration’s actions will forge a completely different landscape for immigration over the next couple of years. Many undocumented immigrants are fearful of these new orders and the affect it will have on their lives. Jorge E. Sevilla, Esq., focuses primarily on complex business, employment, family, and removal immigration matters. The Sevilla Law Group, PLLC is in Winter Garden, Florida, and provides professional and personalized service to clients. He serves as the vice chair of the OCBA Immigration Executive Committee and has been a member of the OCBA since 2013. 1 See DHS Policy Memorandum, Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants, Jeh Johnson, DHS Secretary (November 20, 2014). 2 Id. 3 Id. 4 Id. 5 Exec. Order No. 13,767, 82 Fed. Reg. 8793 (Jan. 25,2017); Exec. Order No. 13,768, 82 Fed. Reg. 8799 (Jan. 25, 2017). 6 Exec. Order No. 13,768, 82 Fed. Reg. 8799 at Section 8. 7 Id. at Section 5. 8 Id. 9 See DHS Policy Memorandum, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children, Janet Napolitano, DHS Secretary (June 15, 2012). 10 Id. at 1. 11 Id. at 3. 12 Lauren Fox, Florida Gov. Rick Scott Signs In-State Tuition Bill for ‘Dreamers’, u.s. news & world Report, Jun. 9, 2014. 13 From DHS Jeh Charles Johnson, Letter to Representative Judy Chu, December 30, 2016. 14 Id. 15 Id. 16 8 C.F.R. Parts 103 & 212 (2013). 17 Id. 18 See Pub. L. 104-208, 110 Stat. 2009 (1996). 19 See 8 U.S.C. 1182(a)(9)(B)(i)(I)(2016). 20 See 8 U.S.C. 1182(a)(9)(B)(i)(II). 21 See 8 U.S.C. 1182(a)(9)(B)(v).
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Tax Controversy / Tax Disputes / Tax Litigation Civil & Criminal Tax Matters ShuffieldLowman’s tax controversy team works with clients, their attorneys and their CPAs to help resolve the most complex tax compliance matters. When faced with controversial or complex tax matters, the tax team at ShuffieldLowman is dedicated to helping you reach a resolution as efficiently and effectively as possible. For more than 45 years, John DeLancett has helped taxpayers with problems ranging from criminal matters to offshore disclosures, audits, appeals, Tax Court litigation, liens, levies, and other collection issues.
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407-581-9800 www.shuffieldlowman.com Expect more from your law firm.
See Pub. L. 107-296, 116 Stat. 2135 (2002). Id. 24 Id. 25 Id. 26 See 8 C.F.R. §§ 103 and 212 (2013). 27 See 8 C.F.R. §§ 103 and 212 (2016). 28 Exec. Order No. 13,769, 82 Fed. Reg. 8977 (Jan. 27, 2017). 29 Peter Baker, Travelers Stranded and Protests Swell Over Trump Order, N.Y. Times, January 29, 2017. 30 Scott Malone and Dan Levine, Judges across U.S. to Weigh Challenges to Trump Travel Ban, Reuters, February 3, 2017; Matthew Barakat, Judge: Virginia can join challenge to Trump’s travel ban, The Washington Post, February 3, 2017. 22 23
www.orangecountybar.org
Whatever disagreement there may be as to the scope of the phrase “due process of law” there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard. – Oliver Wendell Holmes, Jr.
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YLS PhotoOps
Karen Persis, Esq., past YLS president, received the Winter YLS Pro Bono Award at the January 20th luncheon. Pictured are Brett Renton, Esq., YLS president; Karen Persis, Esq.; Heather Meglino, Esq.
Holidays All Year Long Children’s Holiday Party January 28, 2017
Charity Putt Putt Golf Tournament January 21, 2017
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YLS on the move
A
Jennifer A. Smith, Esq.
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new year and a whole new line-up of YLS events! Here is what we have been up to: On January 20, 2017, YLS hosted the CEO/ president of the Sanford Airport Authority, Diane Crews, at our monthly luncheon. Also at the January luncheon, Karen Persis, Esq., pastpresident of YLS, received the Winter YLS ProBono Award for her pro bono contributions to the legal community. On March 10, 2017, join us at 3:00 p.m. at the Orange County Courthouse for the presentation of this year’s professionalism awards. Karen has been selected the recipient of the OCBA’s 2017 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. Congratulations, Karen! On January 21, 2017, YLS hosted its first Charity Putt-Putt Tournament in downtown Orlando. There were nine miniature golf holes spread throughout downtown Orlando, starting at Sideshow and continuing on to Bar B, Stagger Inn, Swiggs, Underground, Chillers, Big Belly, and Ferg’s Depot. Fun was had by all. Congratulations to organizers Miguel R. Acosta, Esq., and Keith Kanouse, Jr., Esq., on a fantastic event that raised money for various charities throughout the community. OCBA YLS received a grant from the YLD at the Affiliate Outreach Conference for YLS’s proposed “Wills for Heroes” program. This event, still in its planning phase, is designed to provide wills and estate work for first responders. To get involved, contact Amber Williams, Esq., at amberwilliams@coyelaw.com, or Brett Renton, Esq., at brenton@shutts.com. Mark your calendars for these upcoming events: March 1 – Elections are underway, and you now have the opportunity to help shape the future of the bar as you vote for up to five new YLS atlarge board members. Up for YLS election are: Stephanie N. Alcalde, Esq.; Joey M. Chindamo, Esq.; Brock A. Hankins, Esq.; Andrew P. Irvin, Esq.; Connor S. Kelly, Esq.; Brittany G. Melendez, Esq.; Courtney D. RichardsonJones, Esq.; Rafael O. Rodriguez, Esq.; and Jill D. Simon, Esq.
www.orangecountybar.org
You will also be able to vote for OCBA officers and board members and Legal Aid Society trustees. Elections are being conducted by electronic ballot, and by the time you read this column, you should already have received it. Elections run through March 31, so don’t miss this chance to vote for your colleagues. March 9 – The YLS will be hosting its annual Evening with the Judiciary at “Dino Digs” at the Orlando Science Center. One of YLS’s largest events, EWJ brings together jurists, practitioners, and law students in a relaxed and enjoyable setting. Enjoy hors d’oeuvres, beverages, and great conversation. Be sure to RSVP through the YLS section of the OCBA Store. Big thanks go to event chair Brock Hankins, Esq., on what we know will be another fantastic and well-attended event. See the ad on page 35 in this issue of The Briefs, and stay tuned for pictures in the next issue. March 10 – Our March Luncheon will be held from 12:00 p.m. to 1:00 p.m. (check-in from 11:30 a.m.-11:55 a.m.) at the Citrus Club in downtown Orlando. For a three-course meal, the cost is only $10 for all attendees. To RSVP, you may purchase your ticket online at the OCBA store, or RSVP to Rachel Lowes, Esq., at yls. ocba@gmail.com and bring cash, check, or a credit card to pay at the door. A $5 late fee applies for all RSVPs made after March 8. March 16 – YLS Happy Hour! Details coming soon! May 18 – Plan ahead for the 7th Annual YLS Dodgeball Tournament at the 1st Presbyterian Church in downtown Orlando. Teams are forming now for the double-elimination games. For details, go to the OCBA website calendar and download the registration form! Stay tuned for more outstanding YLS events in March, April, and May. Information will be sent in your weekly YLS email blast! Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.
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Legal Aid SocietyGAL Teaching continued from page 15
an out-of-home placement, the benefits are deposited in a master trust account. This money may then be used to purchase items for the child that will enhance his or her quality of life. It is not necessary for GALs to hold an advanced medical degree in order to recommend what may be best for their child with autism. Rather, GALs can talk with the child’s teachers, parents, caregivers, and assessors to help make determinations and recommendations to the court. The Legal Aid Society of the Orange County Bar Association GAL department staff is also available for case consultation to help you make a recommendation, whether it is medical, social, educational, or otherwise.
For more information, please contact: Sally McArthur, Esq., Legal Aid Society GAL staff attorney, at sally@legalaidocba.org, or 407841-8310. For more information about how to become a financial donor contact Donna Haynes, development director, at dhaynes@legalaidocba.org, or 407-515-1850. Resource: Autism Speaks therapies at https://www.autismspeaks.org/ family-services/tool-kits/100-daykit/treatments-therapies. Sarah L. McArthur, Esq., is a staff attorney with the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2007.
2017 ANNUAL SPRING FLING CLE SEMINAR Friday, May 19 to Sunday, May 21, 2017 CROWNE PLAZA UNIVERSAL HOTEL 7800 Universal Boulevard, Orlando, Florida Hotel reservations can be made by calling 1-888-233-9527 CLE HOURS:
The George C. Young American Inn of Court is currently accepting nominations for the 2017 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 21, 2017. If you are interested in submitting a nomination, please contact Roger Handberg at handbergrb@gmail.com to obtain a nomination form.
Ethics: Friday: 1 hr.
Litigation: Saturday: 4.0 hrs.
General: Sunday: 4.0 hrs.
Real Estate: Saturday: 4.0 hrs
We have an array of fabulous topics and speakers this year including six local judges. Please visit our website for more information:
WWW.CFPAINC.ORG Seminar Registration:
Friday only – 1 hour Ethics CLE - $20 CFPA Member / $30 non-member One day/ 4 hours CLE - $75 CFPA Member / $95 nonmember Entire weekend (Friday, Saturday and Sunday) – 9 hours CLE - $125 CFPA Member / $150 non-member REGISTER ONLINE AT WWW.CFPAINC.ORG or Contact Seminar Chair at CLEChair@cfpainc.org for inquiries.
Dan H. Honeywell
Invite your colleagues to join the OCBA today! Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! For more information, please contact the membership department at 407-422-4551, ext. 225.
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ParalegalPost
Profile of Judicial Assistant, Cindy Brown Early Career ore than 20 years ago, Cindy Brown met Judge Bob LeBlanc at the Public Defender’s Office in the Ninth Judicial Circuit. Cindy was Judge LeBlanc’s first legal secretary shortly after he graduated from law school. When they initially met in 1989, they immediately got along well. After they had worked together for a while, Judge LeBlanc commented that one day in the distant future, he planned to run for judge and, if elected, he planned to ask Cindy to work for him as his judicial assistant. Although Cindy took the comment lightly, the seed had been planted. Even that early in Cindy’s career, Judge LeBlanc saw that she possessed the qualities necessary for them to work together as a successful team. Judicial Assistant In 2006, Judge LeBlanc called Cindy and said that he had decided to run for Orange County circuit judge and said that if he were to be elected, he would like her to join him as his judicial assistant. At the time, Cindy was comfortable in her position as a support staff supervisor in the PD’s office. But she gave the offer careful consideration, decided she was ready for a career change, and agreed to join Judge LeBlanc at the Orange County Courthouse.
M Lori M. Spangler, FRP
Cindy Brown
During the past ten years, they have worked together in various divisions of the court (Circuit Criminal, Domestic Violence, and Domestic Family). In January 2017, Judge LeBlanc was transferred to Circuit Civil, where they are enjoying the new caseload. Mentors Cindy has two mentors from whom she draws inspiration. Chief Judge Frederick Lauten’s judicial assistant, Shirley Washington, has been a wonderful mentor and confidant who always has Cindy’s
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best interests at heart. Shirley has provided Cindy with strength and spiritual guidance in both professional and personal situations for the past several years. There has been one other person who has served as a friend and mentor to Cindy, pushing her out of her comfort zone and encouranging her to become actively involved in community service endeavors. This particular individual has inspired Cindy to volunteer for law week activities, sit on the Valencia College Paralegal Advisory Committee, and participate in other service-related activities. Although this person does not like to be in the limelight, Cindy believes this unnamed mentor will easily recognize herself when she reads this article. Cindy is still involved with Valencia College and often allows paralegal students to shadow her and Judge LeBlanc in chambers and in the courtroom. She frequently takes students on courthouse tours and introduces them to courthouse personnel so they may see the many opportunities available to them within the legal community. Cindy continues to serve as a mentor to many students and enjoys helping them get started in their legal careers. Cindy has been a judicial assistant since January 2007. She counts herself blessed to work with such an amazing, smart, and articulate judge who is always supportive of community service endeavors. Cindy explained, “Judge LeBlanc is an all-around good person who possesses a passion for the law. He makes my job easy. It is an absolute pleasure for me to come to work each and every day! I thoroughly enjoy my job and, most importantly, I love working with Judge LeBlanc!” It is easy to see that Judge LeBlanc has been Cindy’s biggest advocate and why it is difficult for her to imagine working as a judicial assistant for anyone else. Lori M. Spangler, FRP, a paralegal with Greenberg Traurig, P.A., has been a member of the OCBA since 1994.
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Hearsay...
W
elcome back, “Hearsay”! To kick off this month’s column, which features the myriad achievements of our fellow OCBA members, I offer you this quote: Nobody can do everything, but everyone can do something. – Author Unknown
Vanessa A. Braga, Esq.
The OCBA is comprised of high-caliber attorneys. This month’s column highlights just some of the awards, community involvement, speaking engagements, and professional accomplishments of our fellow OCBA members. Without further ado: Awards Jenny Kim Sullivan, Esq., of counsel at GrayRobinson, P.A., was awarded the AV Preeminent rating by Martindale-Hubbell. The rating signifies the highest accolade an attorney can receive for legal ability and adherence to professional standards of conduct, ethics, reliability, and diligence. Congratulations! Community Involvement Eric Boughman, Esq., of Forster Boughman & Lefkowitz, discussed emerging issues in asset protection as it relates to estate planning at the Orange County Bar Association’s Estate, Guardian & Trust Committee seminar. John Gihon, Esq., of Shorstein, Lasnetski & Gihon, was the discussion leader on multiple panels at the American Immigration Lawyers Association of Central Florida Chapter’s 30th Annual Immigration Law Conference, where he received the chapter’s award for “Outstanding Contributions to the Chapter.” John also spoke to the Rotary Club of Seminole County South about the future of immigration law under President Trump. He was selected to be on the Immigration Law Committee of the OCBA. Suzanne D. Meehle, Esq., a shareholder at Meehle & Jay P.A., has been named president of the Better Business Bureau serving Central Florida, effective January 1, 2017. The Better Business Bureau is a not-for-profit corporation that sets standards for ethical business behavior and monitors compliance in order to help consumers make better decisions. Jason W. Searl, Esq., a shareholder at GrayRobinson, P.A., was selected as a member of the Florida Chamber of Commerce’s Economic Development Task Force Implementation and Review Committee. The Florida Chamber has received hundreds of recommendations and feedback on what Florida must do to become more competitive. The committee will release a series of recommendations designed to provide direction, defi-
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nition, and clarity to Florida’s future economic development. Euribiades Cerrud, II, Esq., of The PCB Firm, P.A., presented for the OCBA Immigration Law Committee on an “Overview of E2 and L1 Visas,” which covered the E2 Treaty Investor Visa, L1 Intracompany Transferee Visa, and choosing a business entity. Christopher T. Dawson, Esq., an associate with GrayRobinson, P.A., was appointed to the host committee for the Inaugural Pro Bowl Weekend First & Goal Gala, which was held on January 28, 2017. The gala benefitted Parramore Kidz Zone and LIFT Orlando and was hosted in conjunction with the 2017 NFL Pro Bowl. Christopher was also re-appointed as overall chair for Florida Miracle, Central Florida’s Dance Marathon that benefits Children’s Miracle Network Hospitals at Arnold Palmer Hospital for Children. Christopher, who is a founder of the dance marathon, helped bring the first-ever event to the Central Florida area last year. Mel Pearlman, Esq., of Mel Pearlman, P.A. in Celebration, spoke on “Estate Planning for International Clients Owning Assets in Florida” at the quarterly luncheon of the Global Alliance Network of the Osceola County Association of Realtors. Michael Lynn Moore, Esq., Michael L. Moore, P.A., and Judge John Marshall Kest co-moderated a presentation entitled “Requests to Produce” at the Citrus Club in Orlando, which was sponsored by the Hispanic Bar Association of Central Florida. Amanda Carl, Esq., a corporate attorney for A. Duda & Sons, Inc., and Brett Renton, Esq., a partner at Shutts & Bowen, LLP, were appointed to the judicial nominating commission for the Fifth District Court of Appeal. On the Move Kurt H. Garber, Esq., of Fishback Dominick, was elevated to partner. Kurt joined Fishback Dominick in 2017 and practices in the areas of eminent domain, inverse condemnation, and property rights law. Jessica Gavrich Espiritu, Esq., has joined Winderweedle, Haines, Ward & Woodman, P.A., representing clients in the areas of business litigation, corporate law, commercial transactions, and creditors’ rights. Andrew J. Hall, Esq., recently joined ShuffieldLowman in the firm’s Orlando office. Andrew will be working in the real estate department and practices primarily in the areas of commercial real estate transactions, lender representation, commercial leasing, and secured transactions. KristheBriefs March 2017 Vol. 85 No. 3
ten E. Trucco, Esq., joined the firm of Latham, Shuker, Eden & Beaudine, LLP, as an associate in the firm’s litigation department. Richard West, Esq., and Shane Herbert, Esq., of West Family Law Group, have relocated the firm to the Dr. Phillips area. I truly appreciate those who take the time to share their news month after month. I encourage you to send any “Hearsay” news and updates to vanessa.braga@qpwblaw.com. Thank you for reading, and see you next month, “Hearsay”! Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of premises liability, nursing home and assisted living defense litigation, and medical malpractice defense. She has been a member of the OCBA since 2014.
The Orange County Bar Association is pleased to provide you with a list of vendors that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.
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407-422-4537 Your support of LRIS helps fund member benefits, bar programs & community outreach activities. The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida theBriefs March 2017 Vol. 85 No. 3
Florida Lawyers Mutual Insurance Company – Created by The Florida Bar to provide high quality professional liability insurance and guaranteed personal service! 541 E. Mitchell Hammock Rd., Oviedo, FL 32765 • 800-633-6458 mailbox@flmic.com The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.
www.orangecountybar.org
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Elder LawCommittee continued from page 11
ing arbitration agreements are generally viewed as negatively impacting the vulnerable citizens entering nursing homes as they are deprived their right to judicial relief under state laws. CMS and associated organizations must engage in greater efforts toward research in order to show the negative effects of these agreements. This will allow CMS to better defend its legal stance toward elimination of these provisions in future litigation and continue improving the lives of the elder population. Stacy R. Preston, Esq., is a freelance legal writer. Her background includes legal and technical writing and experience in a variety of fields. She is a VA-accredited attorney.
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Legal Aid SocietyWhat We Do... continued from page 16
have my legal documents in this country and wanted to watch me struggle in life. I gave up after many attempts. You should not have to try that hard to get a parent to help you. Along the way, I graduated from high school. I also broke up with my boyfriend as I could not live with someone who abused me.
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One morning at 3:00 a.m., he pulled me out of bed by my ankle, my face pounded down hitting the floor, and I felt extreme pain. I was not going to tolerate this anymore, so I walked away. I felt relieved We deeply appreciate all of our many referral relationships built over the years, and strive to and was proud of myself. But, that took establish trust and confidence in your clients, that we will try to resolve their tax dilemmas. me from one bad situation to another. I You can trust in our skills, and having a rewarding referral relationship with us. walked away from an abusive boyfriend and went back to my mother’s house as Orlando - Daytona - Melbourne: that was the only other place where I could go. Many times, she would not let (407) 629-5923 me in the house, so I would sleep outside and wait until someone opened the door in the morning. I was depressed because I did not want to wait forever to obtain legal immigration documents that would allow me to go to college and get a job. I was not allowed to live with my mother anymore as she kicked me out again, so I slept in friends’ cars and sofa jumped. Luckily, I ran into a friend who helped me get a job and allowed me to live on her sofa. I again focused on improving my life and promised myself that I would not give up. I wanted to work and go to college. Since I didn’t have legal immigration documents or a work permit, I took a job making $5 per hour “under the table,” as a sales clerk. Several times, my employer didn’t pay me. There was nothfound Joe to be in my life. I also feel lucky to have gotten ing I could do because I was not authorized to legally work. help from the Legal Aid Society as I now have a work permit, People take advantage of undocumented immigrants, even if a driver’s license, and a social security card which allow me they are just kids trying to eat. to work, go to college, and be here legally. This is one of the Last year, the Legal Aid Society represented me in a DACA most important things in the world to me. This documentacase. Legal Aid was successful and as a result I have a work tion allows me to dream, to earn money, to sleep at night permit, a social security card, and a driver’s license. I can lefeeling safe and secure, and to begin to live my own life. gally work and remain in the U.S. without the fear of deportation. Every two years, I need to renew my DACA status The important work of the Legal Aid Society’s immigration dethrough the Legal Aid Society. Since my mother refused to partment is done by Ana Bernal Roberts, Esq. For more inforsign the forms that would have allowed me to become a legal mation about available pro bono immigration cases, contact jmapermanent resident, the Legal Aid found another way to help son@legalaidocba.org. For information about development and me, through DACA. DACA helps youth who have been in fundraising, please contact dhaynes@legalaidocba.org or boc@ the U.S. for a certain number of years and have been attendlegalaidocba.org. ing school. Even though DACA does not grant legal permaAna Bernal Roberts. Esq., is an immigration attorney at the nent resident status, it allows me to be here legally, work, and Legal Aid Society of the Orange County Bar Association, Inc. She continue to go to college. has been a member of the OCBA since 2015. My life is much better now. I also met Joe, my fiancé. He gave me hope and made me realize that there are good guys out there. He is a high school graduate and attends community college. He has a wonderful family that treats me like I am their daughter, and they take care of both Joe and me. I never knew a family could be so amazing, and I feel blessed to have theBriefs March 2017 Vol. 85 No. 3
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Join us for breakfast and meet other OCBA members. This morning series will give you opportunities to expand your network, meet new people, and enjoy informal stories from some of our long-time members.
Speaker: Leon Handley, Esq.
Rumberger, Kirk & Caldwell, P.A. Tuesday, March 14, 2017 8:00 a.m.-9:30 a.m. OCBA Center OCBA Members Only FREE
Register at www.orangecountybar.org/store
by March 12
Limited Seating Breakfast Included
MARK YOUR CALENDARS: Tuesday, April 4, 2017 Former Judge C. Jeffery Arnold, Esq. Tuesday, May 2, 2017 Darryl Bloodworth, Dean Mead Tuesday, June 6, 2017 Ronald Sims, Ronald L. Sims, P.A.
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EVENING with the JUDICIARY
Thursday, March 9, 2017 5:30 p.m.– 8:30 p.m. The Orlando Science Center
An opportunity for lawyers of all backgrounds to meet and mingle with judges and colleagues in a relaxed social setting and enjoy the history and elegance of the Orlando Science Center’s “Dino Digs.” Hors d’oeuvres and beverages (alcoholic and non-alcoholic) are included in the price of admission.
Admission Prices:
Free – Judges $ 3o – Solo/Government/Law Students $ 45 – Private Practice $ 45 – All Guests (Including Judges’ Guests) Late RSVP and at the door – $55 for all attendees RSVPs are requested by March 6. Payment is required to confirm your reservation. Please make all checks payable to the OCBA and mail to the event chair, Brock Hankins, c/o Allen, Dyer, Doppelt, Milbrath & Gilchrist P.A., 255 South Orange Avenue, Suite 1401, Orlando, Florida 32801. Please include a list of attendees along with payment. You may also pay online at the OCBA Store, www.orangecountybar.org/store. For questions, or to volunteer, please contact Brock Hankins at bhankins@addmg.com. theBriefs March 2017 Vol. 85 No. 3
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New M embe rs
President’s Message continued from page 3
Attorneys
Affiliates
Nicole C. Canha Beatriz E. Collazo Alicea Christine A. Fikry Kyle K. Fontaine Josef C. Ghosn Jamie R. Grosshans Jason R. Hawkins Suzanne L. Kersh Kimberly Laskoff Joel A. Montilla Viviane Onofrio Jill S. Riola Jack Taylor Ariatna VillegasVÁzquez Julia G. Young
Ashley S. Cross Alisa A. Hanke Carole S. Moore
Law Students Matthew Breen Crystal Ellington Elaine K. Lindo Noemi Samuel Del Rosario Kristen Talbot Timothy R. Weaver
Paralegal Students Lisa M. Plater Rodolfo Raja Gabaglia Artiaga
criteria for Best Buddies participants are that they (1) have an intellectual or developmental disability, and (2) want to work. Best Buddies performs vocational rehabilitation to make sure a participant wants to work and can work. The jobs program is there to help the business, too; after hiring, Best Buddies Jobs will be there during the training process to serve as a job coach, learning the position, understanding any needs the participant might have beyond the typical training process, and suggesting simple accommodations that may be helpful. This program is for people in a transitional stage, those leaving high school to enter the professional world, and adults who are looking for work. Best Buddies staff is happy to visit businesses and help identify areas where a business could benefit from hiring a person with a disability. Their website is Bestbuddies.org/Florida, and the local contact for the Jobs Program is Cary Ombres: caryombres@ bestbuddies.org. Harold is already taken, but there may be a Best Buddies individual who is suited for your office. If so, your office and the Best Buddies-referred employee will both benefit. Wiley S. Boston, Esq., is a partner with Holland & Knight LLP. He is Board Certified in Real Estate Law in Florida and practices in the area of commercial real estate law, with emphasis on leasing of office, industrial, and retail properties, representation of developers of commercial projects, and real estate finance. He has been a member of the OCBA since 1996.
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. Allen, Norton & Blue, P.A. Frank A. Hamner, P.A. McDonald Toole Wiggins, P.A. Amy E. Goodblatt, P.A. Gasdick Stanton Early, P.A. McMichen, Cinami & Demps PLLC Anderson & Ferrin, Attorneys at Law, P.A. Giles & Robinson, P.A. McMillen Law Firm, P.A. Anderson Hew, PLLC Harris Harris Bauerle Ziegler Lopez McShane & McShane Law Firm, P.A. Arwani Nava Law Firm, PLLC Heatwole Law Firm, P.A. Meenakshi A. Hirani, P.A. Banker Lopez Gassler P.A. Higley & Szabo, P.A. Meglino Morse Law, LLC Barrister Law Firm, P.A. Hilyard, Bogan & Palmer, P.A. Men’s Divorce Law Firm Benitez Law Group, P.L. Hornsby Law Morgan, White-Davis & Martinez, P.A. Beshara, P.A. Infocus Family Law Firm, P.L. Murphy & Berglund, PLLC Billings, Morgan & Boatwright, LLC Jill S. Schwartz & Associates, P.A. Murrah Doyle & Wigle P.A. Bodiford Law Group Keating & Schlitt, P.A. N. Diane Holmes, P.A. Burr & Forman King, Blackwell, Zehnder & Wermuth, P.A. O’Mara Law Group Carr Law Firm, P.A. Korshak & Associates, P.A. Ossinsky & Cathcart, P.A. Cole, Scott & Kissane, P.A. Kosto & Rotella, P.A. Pates Law Group, P.A. Colling Gilbert Wright & Carter, LLC Law Offices of Amber Jade F. Johnson, P.A. Provencher & Simmons, P.A. Cullen & Hemphill, P.A. Law Offices of Brent C. Miller, P.A. Ringer Henry Buckley & Seacord, P.A. Cynthia Conlin & Associates Law Offices of Mark L. Horwitz, P.A. Roman V. Hammes, P.L. DeCiccio & Johnson Legal Aid Society of OCBA, Inc. Rumberger, Kirk & Caldwell P.A. Dellecker Wilson King McKenna Lewis & Crichton Sasser & Weber, P.A. Ruffier & Sos, LLP Lim & Associates, P.A. Sawyer & Sawyer, P.A. Divine & Estes, P.A. Lynn B. Aust, P.L. SeifertMiller, LLC Faddis & Faddis, P.A. Marcus & Myers, P.A. Small Business Counsel Fassett, Anthony & Taylor, P.A. Marshall, Dennehey, Warner, Southern Trial Counsel Fisher Rushmer Coleman & Goggin Stovash, Case & Tingley
Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Dill Law Group The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Llabona Law Group The Maher Law Firm, P.A. The Orlando Law Group The Skambis Law Firm The Smith Family Law Firm, P.A. Vose Law Firm, LLP Warner & Warner, P.L. West, Green & Associates, P.L. Wicker, Smith, O’Hara, et al. Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Winderweedle, Haines, et al. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.
SPONSORED BY:
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fs March 2017 Vol. 85 No. 3
www.orangecountybar.org theBrie
Events Mar. 3 – Judicial Investiture Ceremony. 4:00 p.m.-5:00 p.m. Hon. Luis F. Calderon; Hon. Eric H. DuBois; Hon. Evellen Jewett; Hon. David P. Johnson; Hon. Gisela T. Laurent. James W. “Chief” Wilson Auditorium. Jones High School, 801 S. Rio Grande Ave., FL 32805. RSVP to Helene Welch at ctadhw1@ocnjcc.org. Mar. 9 – Evening with the Judiciary. YLS. 5:30 p.m.-8:30 p.m. “Dino Digs” at the Orlando Science Center. See ad on page 35 in this issue of The Briefs for details. Mar. 10 – 2017 OCBA Professionalism Awards Ceremony and Reception. 3:00 p.m.-5:00 p.m. Orange County Courthouse Jury Assembly Room. RSVP by Mar. 6 at the OCBA Store. Apr. 6 – 13th Annual Texas Hold’em Charity Poker Tournament. OCBA Social Committee. Mark your calendar now for this fun upcoming event. For details, see the ad on page 19 in this issue of The Briefs. Apr. 29 – Law Day 5k Run. 8:00 a.m.-11:00 a.m. Lake Baldwin Park. For details see ad on page 18 in this issue of The Briefs.
Seminars Mar. 7 – Delinquency. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Kate York, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Mar. 7 – Handbook Rules and You: Avoiding Liability for Your Clients Under the National Labor Relations Act. Labor & Employment Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Free (OCBA members); $15 (non-members). Speaker: John W. Plympton, National Labor Relation Board, Tampa. Register by Mar. 5 at the OCBA Store. Mar. 13 – Helpful Hints on Motion Practice and Ex Parte/Short Matters. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor. CLE: applied for. Hon. Bob Egan and Hon. Bob LeBlanc. Bring your lunch and get ready for this new series of great practice pointers. RSVP to: Lynn Harasti at ctjalh1@ocnjcc.org. Mar. 17 – Debunking the Myths About Collaborative Law. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (approved). Free (OCBA members); $15 (non-members). Speakers: The Honorable Alice Blackwell, Ninth Circuit Judicial Court; Wendy L. Aikin, Esq.; Deborah O. Day, Psy.D.; Stacy J. Gambel, MBA, CPA, CFF, CVA; and Matthew Bartolomei. Register by Mar. 15 at the OCBA Store. Mar. 20 – How to Keep the Wolves Away from Granny’s Door: Using Bankruptcy to Help Elders on Fixed Incomes, Stopping Creditor Harassment, and Dealing with the IRS. Elder Law and Estate, Guardianship & Trust Committees. 12:00 p.m.-2:00 p.m. OCBA Center. CLE: 2.0, including 2.0 certification credits for tax law (approved). Free (OCBA members); $15 (non-members). Speaker: Elizabeth F. McCausland, Esq., and Charles W. Price, Esq. Register by Mar. 18 at the OCBA Store. Mar. 21 – Landlord Tenant Law. 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: Mike Resnick, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Mar. 28 – TBD. Real Property Committee. 12:00 p.m.-1:00 p.m. OCBA Center. Mar. 29 – Fair or Foul? The Pitfalls of Technological Debt Collection without Consent. Bankruptcy Law Committee. 12:00 p.m.-1:00 p.m. U.S. Bankruptcy Court, 400 W. Washington Street, 5th Flr., Orlando, FL 32801. CLE: 1.0, including 1.0 certification credits for technology (approved). Free (OCBA members); $15 (non-members). Speaker: Ian Leavengood, Esq. Register by Mar. 27 at the OCBA Store.
Mar. 31 – Immigration Litigation: Federal Court and Beyond. Immigration Law Committee. Co-sponsored by AILA Central Florida Chapter Litigation Committee. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 1.5, including 1.5 certification credits for immigration and nationality law (approved). Free (OCBA members); $15 (nonmembers). Speakers: David Stoller, Esq., INS; John Gihon, Esq.; and Michael Vastine, Esq., St. Thomas University School of Law. Register by Mar. 27 at the OCBA Store. Apr. 4 – Is Subscription Licensing Killing the First Sale Doctrine? Intellectual Property Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (approved). Free (OCBA members); $15 (non-members). Speaker: Stephen Luther, Esq. Register by Apr. 2 at the OCBA Store. Apr. 4 – Early Childhood Specialty Court. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Mike Resnick, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Apr. 7 – TBD. Technology Committee Major Seminar. 10:00 a.m.5:00 p.m. OCBA Center. Apr. 13 – TBD. Social Security Committee. 12:00 p.m.-1:00 p.m. OCBA Center. Apr. 18 – Family Law Discovery and Trial Prep. 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: Tenesia C. Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Apr. 21 – Meet the Judge: Judge Margaret H. Schreiber. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Free (OCBA members); $15 (non-members). Speaker: Hon. Margaret H. Schreiber. Register by Apr. 19 at the OCBA Store. May 2 – Getting Down to Business: Business Immigration Options. Immigration Law Committee Major Seminar. 8:00 a.m.-1:30 p.m. OCBA Center. CLE: 4.0, including 4.0 certification credits for immigration and nationality law (approved). $40 (OCBA members); $50 (non-members); $25 (gov’t/student). Speaker: Kashmira Bhavsar, Esq., Ana Senior, Esq., Shahzad Ahmed, Esq., and Ramachandran Balaraman, Esq. Register by Apr. 30 at the OCBA Store. May 5 – TBD. Labor & Employment Major Seminar. May 9 – TPR Training. 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: Kate York, Esq., and Tanika Patrick. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. May 16 – TBD. Solo & Small Firm Committee Major Seminar. OCBA Center. May 18 – TBD. Veterans Committee Major Seminar. OCBA Center. May 19 – Parental Alienation in Family Law Cases. Family Law Committee. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 1.0 (pending). Free (OCBA members); $15 (non-members). Speaker: Teresa F. Parnell, Psy.D. Register by May 17 at the OCBA Store. May 23 – TBD. Real Property Committee Major Seminar. OCBA Center. May 23 – Family Law Issues. LAS Lunchtime Training. 12:00 p.m.1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Angel Bello Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. May 24 – TBD. Professionalism Committee Major Seminar. OCBA Center. May 31 – TBD. Criminal Law Committee Seminar. OCBA Center.
An n o unce ments
theBriefs March 2017 Vol. 85 No. 3
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CLASSIFIED ADS EMPLOYMENT
PIP/BI ATTORNEy NEEDED IMMEDIATE opening FAST PACED INSuRANCE available for attorney with DEFENSE FIRM located in 3+ years of PIP/BI litigation Maitland, FL is searching for experience. Salary will be a Legal Assistant. The firm commensurate with civil handles first party property/ litigation experience and does liability coverage issues. include an extensive benefits Insurance defense and strong litigation experience preferred. package. Ideal candidate will have good academic Please send all inquiries to the credentials, excellent analytical jmccallister@rocklawpa.com. and writing skills and the INSuRANCE DEFENSE LAW ability to manage caseload FIRM seeking an Associate from inception through trial. Attorney with 3-5 years of Send resumes to mheaberlin@ experience. Experience in PIP gobelflakes.com. litigation is preferred but not CONSTRuCTION LAW required. Please send resume, cover letter, and writing sample FIRM SEEKS one or more associates for practice in area to Tdixon@florida-law.com. of construction litigation. DOWNTOWN ORLANDO Applicants should have “AV” RATED LITIGATION civil litigation experience LAW FIRM seeks experienced (minimum 1 – 3 years) with 2-5 year Associate Attorney construction experience a plus. focused in Construction Defect Great work environment and and/or Insurance Defense incentives offered. Submit litigation. Must have strong letter, resume, and writing academic record and trial sample to info@wfmblaw.com. experience preferred. Great work environment! Full benefit DE BEAuBIEN, SIMMONS, package. Please submit resume KNIGHT, MANTzARIS & NEAL (“DSK Law”) is looking with salary requirements to a Florida licensed attorney with DOLFHR@gmail.com 2 – 7 years of civil litigation
To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association Orlando, FL 32801
experience. The attorney will primarily focus on insurance defense litigation. A successful candidate has exceptional oral and written communication skills. We are seeking motivated individuals who are looking to grow with the Firm for many years to come. We offer a comprehensive compensation package, which includes a salary commensurate with your experience and accomplishments. Please send your resume to Heather Dickerson at hdickerson@ dsklawgroup.com
OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 898-4848. ONE OFFICE AVAILABLE FOR RENT in Plaza Building in downtown Orlando. Conference and kitchen facilities. Copier/fax available. Call 407-423-9728.
www.orangecountybar.org/store Login for Member Pricing!
DOWNTOWN ORLANDO LAW OFFICE – High Rise Class AAA 18th Floor window office for rent. $1,200 to $1,500. Rent includes office, secretarial station if needed, reception area and receptionist, use of conference rooms and parking. Please call 407-6873984 if interested. DOWNTOWN OFFICE FOR LEASE. Office suite, 1425 sq. ft. in professional building across the street from the Orange County Court House. Presently configured with three offices, conference room, reception area and more. Prime location, available now. Can be seen by appointment. Call (321) 277-7663.
OFFICE SPACE SHARED DOWNTOWN OFFICE SPACE FOR LEASE: 1-2 offices, sharing of conference room, reception area, kitchen and ample parking. Call 407849-7072.
Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE!
You are in business to deliver a valuable service.
Toot your own horn! The Briefs is the perfect forum to herald your message. OCBA advertising specialist Amanda Nethero stands ready to assist in your media investment. 407-422-4551 x. 244 // amandan@ocbanet.org PAGE 38
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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 in appropriate cases.
George F. Indest III, J.D., M.P.A., LL.M.
Michelle L. Bedoya, J.D.
• 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.
• B.A., Florida International University • J.D., Barry University School of Law • Licensed in Florida
• Medical Board Cases
• Administrative Hearings
• Opinion Letters
• Contracts & Contract Litigation
• Disciplinary Hearings
• Medical Resident Rep. • DEA Defense
• Medicare/Medicaid Audit Defense • Professional Licensing • Medical Malpractice Defense
• Baker Act Defense
• DOH Investigations
• Peer Review Defense
• HIPAA Defense
• Commercial Litigation • Nursing Board Cases • ALF Defense
• Home Health Defense
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 theBriefs March 2017 Vol. 85 No. 3
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OCBA Calendar March
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MARCH - APRIL - MAY
Business Law Committee 12:00 p.m. • OCBA Center Judicial Investitures 4:00 p.m. • Jones High School Law Day 5k Committee 5:30 p.m. • TBD Professionalism Committee 12:00 p.m. • OCBA Center Labor & Employment Committee Seminar Handbook Rules and You: Avoiding Liability for Your Clients Under the National Labor Relations Act 12:00 p.m. • OCBA Center LAS Lunchtime Training Delinquency 12:30 p.m. • Marks St. Senior Center Lawyers Literary Society 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Judicial Relations Committee 12:15 p.m. • Orange County Courthouse Social Security Committee 12:00 p.m. • OCBA Center Evening with the Judiciary 5:30 p.m. • Orlando Science Center YLS Monthly Luncheon 11:30 a.m. • Citrus Club Professionalism Awards Ceremony 3:00 p.m. • Orange County Courthouse, Jury Assembly Room Estate, Guardianship & Trust Committee 12:00 p.m. • OCBA Center Brown Bagging with the Bobs Helpful Hints on Motion Practice and Ex Parte/Short Matters 12:00 p.m. • Orange County Courthouse, 23rd Flr. Law Week Committee 12:00 p.m. • OCBA Center Member Perks Speaker Series 8:00 a.m. • OCBA Center Elder Law Committee 12:00 p.m. • OCBA Center Technology Committee 12:00 p.m. • OCBA Center Construction Law Committee 5:30 p.m. • OCBA Center Family Law Committee Seminar Debunking the Myths About Collaborative Law 12:00 p.m. • OCBA Center YLS Dodgeball Tournament 6:00 p.m. • First Presbyterian Church, Downtown Orlando Estate, Guardianship & Trust Committee How to Keep the Wolves Away from Granny’s Door... 12:00 p.m. • OCBA Center Solo & Small Firm Committee 12:00 p.m. • OCBA Center LAS Lunchtime Training Landlord Tenant Law 12:30 p.m. • Marks St. Senior Center Appellate Practice Committee 12:00 p.m. • OCBA Center
OCBA April Luncheon LAW WEEK
Thursday, April 27, 2017 Co-hosted by the Law Week Committee 11:30 a.m.-1:00 p.m. The Ballroom at Church Street RSVP by April 24, 2017 to orangecountybar.org/store There is no March luncheon.
Property Committee Seminar 28 Real TBD 12:00 p.m. • OCBA Center
Bankruptcy Law Committee Seminar 29 Fair or Foul? The Pitfalls of Technological Debt
31
Collection without Consent 12:00 p.m. • U.S. Bankruptcy Court, Orlando Immigration Law Committee Seminar Immigration Litigation: Federal Court and Beyond 12:00 p.m. • OCBA Center
April
Professionalism Committee 4 12:00 p.m. • OCBA Center
5 6 7 10 11 12 13 14 18 19 21 24 27 28 29
Intellectual Property Committee Seminar Is Subscription Licensing Killing the First Sale Doctrine? 12:00 p.m. • OCBA Center LAS Lunchtime Training Early Childhood Specialty Court 12:30 p.m. • Marks St. Senior Center Member Perks Speaker Series 8:00 a.m. • OCBA Center Business Law Committee 12:00 p.m. • OCBA Center OCBA Executive Council 4:30 p.m. • OCBA Center 13th Annual Texas Hold’em Charity Poker Tournament 5:30 p.m. • 310 Lakeside, Downtown Orlando Technology Committee Major Seminar TBD 10:00 a.m. • OCBA Center Estate Guardianship & Trust Committee 12:00 p.m. • OCBA Center Law Week Committee 12:00 p.m. • OCBA Center Veterans Committee 12:00 p.m. • OCBA Center Lawyers Literary Society 12:00 p.m. • OCBA Center Social Security Committee Seminar TBD 12:00 p.m. • OCBA Center Paralegal Section 11:00 a.m. • OCBA Center LAS Lunchtime Training Family Law Discovery and Trial Prep 12:30 p.m. • Marks St. Senior Center Elder Law Committee 12:00 p.m. • OCBA Center YLS Monthly Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar Meet the Judge: Judge Margaret H. Schreiber 12:00 p.m. • OCBA Center Appellate Practice Committee 12:00 p.m. • OCBA Center OCBA Law Week Luncheon 11:30 a.m. • Church Street Ballroom Bankruptcy Law Committee 12:00 p.m. • OCBA Center Law Day 5k Run 8:00 a.m. • Lake Baldwin Park
www.orangecountybar.org
May
Professionalism Committee 2 12:00 p.m. • OCBA Center
3 5 6 8 9 10
11 16 17 18 19 22 23
24 25 26 31
Immigration Law Major Seminar Getting Down to Business: Business Immigration Options 9:00 a.m. • OCBA Center Business Law Committee 12:00 p.m. • OCBA Center Labor & Employment Major Seminar TBD 8:30 a.m. • OCBA Center Great Oaks Village Fun Day TBD Great Oaks Village Estate, Guardianship & Trust Committee 12:00 p.m. • OCBA Center LAS Lunchtime Training TPR Training 12:30 p.m. • Marks St. Senior Center Member Perks Speaker Series 8:00 a.m. • OCBA Center Lawyers Literary Society 12:00 p.m. • OCBA Center Judicial Relations Committee 12:15 p.m. • Orange County Courthouse OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee 12:00 p.m. • OCBA Center Solo & Small Firm Major Seminar TBD 12:00 p.m. • OCBA Center Elder Law Committee 12:00 p.m. • OCBA Center Construction Law Committee 5:30 p.m. • OCBA Center Veterans Committee Major Seminar TBD 10:00 a.m. • OCBA Center YLS Monthly Luncheon 11:30 a.m. • Citrus Club Family Law Committee Parental Alienation in Family Law Cases 12:00 p.m. • OCBA Center Appellate Practice Committee 12:00 p.m. • OCBA Center Real Property Committee Major Seminar TBD 10:00 a.m. • OCBA Center LAS Lunchtime Training Family Law Issues 12:30 p.m. • Marks St. Senior Center Professionalism Committee Seminar TBD 11:30 a.m.• OCBA Center Paralegal Section 11:00 a.m. • OCBA Center Bankruptcy Law Committer 12:00 p.m. • OCBA Center Criminal Law Committee Seminar TBD
theBriefs March 2017 Vol. 85 No. 3