Orange County Bar Association - The Briefs - March 2018

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message Face-to-Face, Facebook, and Food on a Stick Liz McCausland, Esq.

March 2018 Vol. 86 No. 3

Professionalism Committee Remarks upon Receipt of the OCBA’s 2018 William Trickel, Jr., Professionalism Award Atticus Finch, Mother Teresa, and That Kind of Lawyer Glenn A. Adams, Esq.

Law Week OCBA Law Week Program Seeking Volunteers! Separation of Powers: Framework for Freedom

Legal Aid Society GAL Teaching Tips GAL Appellate Work Appeals to One’s Professional and Ethical Passions Bethanie A. Barber, Esq.

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theBriefs March 2018 Vol. 86 No. 3

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PAGE 1

Contents 3

President’s Message Face-to-Face, Facebook, and Food on a Stick Liz McCausland, Esq.

4

Professionalism Committee Remarks upon Receipt of the OCBA’s 2018 William Trickel, Jr., Professionalism Award Atticus Finch, Mother Teresa, and That Kind of Lawyer Glenn A. Adams, Esq.

5

OCBA April Luncheon Law Week 2018 Separation of Powers: Framework for Freedom

6

Legal Aid Society GAL Teaching Tips GAL Appellate Work Appeals to One’s Professional and Ethical Passions Bethanie Barber, Esq.

©2018

Co-Editors Téa Sisic, Esq. & C. Andrew Roy, Esq.

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Associate Editors Kate T. Hollis, Esq. & Karen L. Middlekauff, Esq.

Legal Aid Society What We Do Not My Lawyer Donna A. Haynes

Hearsay Columnist Vanessa A. Braga, Esq.

24-25

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

OCBA January Luncheon

28-29

SideBar Alena V. Baker, Esq.

Special 6th Annual Central Florida Diversity and Inclusion Picnic

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

Clerk’s Corner Access, Public Records, and Passports Tiffany Moore Russell, Esq.

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7

Board of Governors Report Report from The Florida Board of Governors: January 26, 2018 Mary Ann Morgan, Esq. Wayne L. Helsby, Esq. Julia L. Frey, Esq.

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Special Rethinking Alimony without the Tax Deduction How to Maximize Cash and Minimize Angst Jonathan Simon, Esq. Curtis Azama, CPA/ABV

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14th Annual Texas Hold ‘em Charity Poker Tournament

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SideBar Alena V. Baker, Esq.

38-39 Paralegal Post Revved-up Recap Anne C. Fisher, FRP

40 Hearsay Vanessa A. Braga, Esq.

44

New Members

Chief’s Column Inside the Courts The Honorable Frederick J. Lauten

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Announcements

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Solo & Small Firm Committee What I Know Now... A Six-year Perspective, Part 2 Thomas B. Feiter, Esq.

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46

Classifieds

48 DEADLINE INFORMATION

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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.

Special: YLD YLD Unveils Newest Member Benefit – Legal Accelerator Website Denise Kim Beamer, Esq. Jennifer A. Smith Thomas, Esq. Eric R. Elms, Esq.

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Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication

All contents ©2018 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock

Legal Aid Society What We Do...

Teri Winkler: Domestic Violence and Bankruptcy Donna A. Haynes

ISSN 1947-3968

w OFFICERS Elizabeth F. McCausland, Esq., President Richard S. Dellinger, Esq., President-elect Mary Ann Etzler, Esq., Treasurer LaShawnda K. Jackson, Esq., Secretary w EXECUTIVE COUNCIL Amber N. Davis, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Wiley S. Boston, Esq., Ex-officio Keshara D. Cowans, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Marketing & Sponsorship Manager Amanda Nethero

Calendar

Special: Law Week OCBA Law Week Program Seeking Volunteers! Separation of Powers: Framework for Freedom

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www.orangecountybar.org

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

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

theBriefs March 2018 Vol. 86 No. 3

President’sMessage

March 2018 H Liz McCausland, Esq.

theBriefs March 2018 Vol. 86 No. 3

Face-to-Face, Facebook, and Food on a Stick

ave you ever noticed that it is not just businesses or products that have brands these days, but it is also people who are developing personal brands? The idea behind it is that your business, your craft, or your product is an extension of who you are and thus part of your life’s story. Personal branding weaves together your life and your work. Some very successful companies are tied to the reputation of the persons behind them. Two examples instantly come to mind: Steve Jobs / Apple and Richard Branson / Virgin.

Although it seems that personal branding is a new trend, I feel it is “old hat” in the legal field. A lawyer’s reputation for professionalism in and out of the courtroom has always been his or her brand as a lawyer. However, I think what has changed the impact of branding today is social media. Online search engines and social media have impacted almost every nook and cranny of life as we know it.

Where people used to give an “elevator speech” during a face-to-face meeting, they now have online profiles that are crafted to catch someone’s attention and create a specific impression. They are purposefully interesting and do not always pertain solely to business. They often mention personal interests as well. I read recently that 81% of Americans had a social media profile in 2017 and that Facebook has more than 1.5 billion accounts. That represents a lot of potential clients or consumers and a lot of people who may know your personal likes and dislikes, passions, quirks, and opinions.

Before Facebook, I am sure not many people knew of my love for: ice cream, donuts, food on a stick, Tervis tumblers, tacos, craft cocktails, and celebrations (any and all kinds). Now that I have posted many of these online, I often get messages about National Donut Day, National Ice Cream Day, Beer and Donut tastings and the like from people who know about them and share them with me. There have been both positive and negative ramifications of this. The negative ramification is the dieting dilemma this food knowledge has created, but the positive is that it has given me some common ground with so many others.

It gives me an opportunity to interact without meeting face-to-face.

This leads me back to the impact of social media. Social media, video conferencing, virtual offices, and other such modern conveniences have

allowed us to become a society of people who do not always meet each other. We interact with a camera or by text. We interpret typed words and imagine the meaning or inflections behind them.

We have the convenience of firing off emails or texts that are spell checked but not always emotion checked. Simply put, lacking today is the personal touch of days past. Many organizations such as the OCBA have seen a decline in membership, and one of the many reasons put forth for this is that social media and online listserves have replaced the need to network and meet people. You can now join an online forum to interact with peers or persons with like interests. My question to you is: Is it the same as meeting people in person? Is it as fulfilling? Do you really remember the social media profile of that online “friend” better than someone you met with face-to-face and perhaps dined with? I would wager that the answer is no.

While the OCBA is trying to stay relevant by giving you the convenience and online presence that everyone is seeking, we also still intend to have events that give you an opportunity to interact personally with each other. So although you can now buy your CLE online from the OCBA store and view it immediately from the comfort and convenience of your home, please be sure to attend the Bench Bar conference on April 27, where you can choose from more than 30 CLE courses and interact with both judges and your peers. There is simply no replacement for this opportunity and the learning that happens while listening to live presentations. I look forward to seeing you there – face-to-face!

Until then, please be sure to celebrate some of my favorite, lesser-known holidays in March, and let me know if you hear of any place honoring them: National Peanut Butter Lover’s Day (March 1); National I Want You to be Happy Day (March 3); National Frozen Food Day (March 6); International Working Women’s Day (March 8); National Chip and Dip Day (March 23); Waffle Day (March 25); and my most favorite…Food on a Stick Day (March 28)!

Liz McCausland, Esq., Liz McCausland P.A., practices in the areas of bankruptcy, mortgage modification, and mediation. She also teaches lawyers across the U.S. how to modify mortgages in bankruptcy. She has been a member of the OCBA since 1997.

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ProfessionalismCommittee Remarks upon Receipt of the OCBA’s 2018 William Trickel, Jr. Professionalism Award Atticus Finch, Mother Teresa, and That Kind of Lawyer

W Glenn A. Adams, Esq.

hen I learned that I was the recipient of the 2018 William Trickel, Jr. Professionalism Award and that I would be expected to give remarks, I reviewed articles and publications for inspiration. Not surprisingly, a multitude of outstanding articles written by lawyers and judges about professionalism and our honorable profession are available. I must admit that I was drawn superficially to several titles.

An article titled “Defining Professionalism: I Know It When I See It?”1 caught my eye. Interestingly, this article cites St. Thomas Aquinas for the proposition that generally understood notions of morality dictate appropriate conduct. This is still true today. The article also expressed that professionalism is defined by the lack of a definition and we might simply need to follow the adage “I know it when I see it.”

In many articles, including “The Rambo Problem: Is Mandatory CLE the Way Back to Atticus?2 and “The Moral Theology of Atticus Finch,”3 the famous fictional character in Harper Lee’s To Kill a Mockingbird 4 is held up as the standard of professionalism for lawyers due to his moral conscience, his kindness, his wisdom, his honor, and his integrity. Atticus Finch used his gifts as a lawyer to defend a black man falsely accused of raping a white woman in a small Alabama town filled with prejudice and hatred in the 1930s. In a wellknown line, Atticus tells his daughter Scout that “you never really understand a person until you consider things from his point of view…until you climb into his skin and walk around in it.” These are wise words. However, Atticus Finch faced criticism when the subsequently published Go Set a Watchman 5 revealed that he was flawed like the rest of us.

“The ‘Material Girl,’ Mother Teresa and Noah, Too”6 is another title that piqued my curiosity.

In this 1994 article, Senior Judge Patricia Seitz of the United States District Court for the Southern District of Florida rightfully implored Bar members to scrutinize our own conduct and not accept unwanted behavioral characteristics as a profession simply because the law attracts “obnoxious people” and “over-competitiveness.” Judge Seitz wrote this article during her tenure as the first female president of The Florida Bar. Judge Seitz addressed six pillars of character: (i) trustworthiness; (ii) respect; (iii) responsibility; (iv) fairness and justice; (v) caring; and (vi) civic responsibility.

She pointed out that following these pillars alone

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would not transform us into Mother Teresa, but she argued that following them would restore the public’s respect for our profession. Although, in the interim, Mother Teresa was canonized as a saint, critics have pointed out that she, like the fictional Atticus Finch, was imperfect like the rest of us.

What did these particular articles mentioned above with the clever titles have in common?

The references to Atticus Finch and the Catholic saints reminded me of my childhood. My maternal grandparents were devout Catholics whose families emigrated from Germany and ended up in rural Florida in the late 1800s, and my paternal grandparents were Southern Baptists who were born and raised in South Georgia in a world not dissimilar from the fictional world of Atticus Finch.

Although I was raised Catholic, during my childhood, I did not focus on the fact that half my family was Catholic and the other half was Southern Baptist. All I knew was that their similarities were far greater than their differences. They instilled in me my love of family, my faith, my work ethic, and my respect for others. This was the beginning of the path that has led me here today.

When I was young, like many, I dreamed of changing the world, but I did not have any specific plans for how I was going to do that living in a small town in Central Florida. My childhood was somewhat sheltered and idyllic. My father was a Winn-Dixie store manager who worked for the company for more than 40 years. In him, I saw his integrity and his work ethic, but I also knew that family was most important to him. My mother instilled her faith in me and also led me to believe that I could do whatever I wanted with my life.

In 1985, my mother and I went to the mall before I started law school to buy a new suit. The salesman learned that I was going to law school and made some comment that I was going to become a “no-good, lying lawyer” or something similar. I distinctly remember my mother politely informing him that I was not going to become “that kind of lawyer.”

After practicing law for nearly three decades, I believe that the general public (like the suit salesman) is not aware of the good that many lawyers do. Having said that, however, I do believe that continued page 30

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OCBA LuncheonThursday, April 19, 2018 Law Week 2018 Separation of Powers: Framework for Freedom OCBA’s Law Week Program Recipient of the American Bar Association’s 2017 Outstanding Activity Award for Best Student Program

T

he United States Constitution sets out a system of government with distinct and independent branches – Congress, the Presidency, and a Supreme Court. It also defines legislative, executive, and judicial powers and outlines how they interact. These three separate branches share power, and each branch serves as a check on the power of the others. “Ambition must be made to counteract ambition,” James Madison explained in Federalist Paper No. 51. Why? Madison believed that the Constitution’s principles of separation of powers and checks and balances preserve political liberty.

They provide a framework for freedom. Yet, this framework is not self-executing. We the people must continually act to ensure that our constitutional democracy endures, preserving our liberties and

advancing our rights. The Law Day 2018 theme enables us to reflect on the separation of powers as fundamental to our constitutional purpose and to consider how our governmental system is working for ourselves and our posterity.

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. Please join us as we recognize the students, teachers, and community leaders whose work best embodies this year’s theme – Separation of Powers: Framework of Freedom.

The Ballroom at Church Street 11:30 a.m. - 1:00 p.m.

Sponsored by:

225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the OCBA Law Week Committee Please RSVP by Monday, April 16, 2018 RSVPs will not be accepted after April 16, 2018 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than

April 16, 2018

To cancel, email sashaj@ocbanet.org Sponsored by: First Green Bank, LexisNexis, Orange Legal

theBriefs March 2018 Vol. 86 No. 3

www.orangecountybar.org

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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 that this month my office will be offering another legal forum workshop on public records. This will be the second year my office has held this forum at the courthouse to inform and educate the people about what are considered public records and how to request them.

The 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 or-

ganizations to make better-informed decisions in their daily lives.

Also this spring we will again make it easier for working families with children to get their passports in time for summer vacation travel plans abroad. We plan to hold another special passport event where we extend our normal business hours at our branch offices to make it more convenient for people in need of a passport.

With customer service, access to courts, and technology in mind, more initiatives are always on the horizon, so look for updates throughout the year on the clerk’s website, social media platforms, 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.

Clerk’s Apopka Self Help Center Opens On January 30, 2018, the Orange County Clerk of Court’s Office celebrated the official opening of its Apopka Self Help Center.

Tiffany Moore Russell, Esq., Orange County Clerk of Courts, along with Apopka Mayor Joseph Kilsheimer, OCBA President Liz McCausland, Esq., and other community leaders presided over the ribbon cutting. The new center is located at the Apopka Service Center, 111 N. Rock Springs Road in Apopka. Attorney consultations are available on Tuesdays from 8:00 a.m. to 4:00 p.m., and appointments may be scheduled in 15-minute sessions, for up to one hour per day, per person. The cost for an attorney consultation is $1.00 per minute. Assistance is offered for family law, small claims, and residential eviction matters.

2018 Arnie Wilkerson Memorial Court Service Award

The George C. Young American Inn of Court is currently accepting nominations for the 2018 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 20, 2018. If you are interested in submitting a nomination, please contact Cassandra Snapp, Esq. at cassandra@mlhorwitzlaw.com to obtain a nomination form.

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Board of GovernorsReport

T Mary Ann Morgan, Esq.

Wayne L. Helsby, Esq.

Julia L. Frey, Esq.

Report from The Florida Bar Board of Governors: January 26, 2018

he Florida Bar Board of Governors met on January 26, 2018, in Tallahassee. The major actions of the Board and reports received included: The Special Committee on Mental Health and Wellness of Florida Lawyers is holding four town hall meetings, seeking requests for information about establishing a 24/7 hotline/helpline for lawyers, and will soon be unveiling a focused Health and Wellness Center webpage with many resources for lawyers. A successful CLE seminar during the Bar’s Winter Meeting “The Secrets to a Happy, Successful Legal Career” and a limited-seating Miami seminar “All Rise! A Practical Guide to Lawyer Hope, Health and Wellness” were both videotaped and will soon be available for all Bar members to view. Visit the new webpage and bookmark it to access the growing list of resources available to Florida Bar members and see when the upcoming town halls are in your area.

Members of the Florida Supreme Court attended the meeting and Chief Justice Jorge Labarga reported on a variety of issues, including the Florida Access to Civil Justice Commission, live Facebook broadcasts, a new podcast program, exploring guardianship issues, and monitoring the Constitution Revision Commission.

The Florida Bar continues to provide technical assistance to the Constitution Revision Commission and a public education program for Floridians: “Protect Florida Democracy: Our Constitution, Our Rights, Our Courts.” The Bar’s Special Committee on the Constitution Revision Commission in partnership with the Young Lawyers Division developed a 12-part video education series on each section of the Florida Constitution for the commissioners. [See: https://www.floridabar.org/public/crc/] The series is also available for free continuing education credit to all Florida Bar members. Course numbers are listed here.

The CRC recently announced the schedule for a second series of public hearings to be held in Ft. Lauderdale, Melbourne, Jacksonville, Pensacola, and St. Petersburg.

As of the board meeting, the Florida Legislature had completed its third week of the 2018 session. In addition to the hundreds of bills moving through the process, the House and Senate rolled out the first drafts of their budgets. The Florida Bar is monitoring the budgets, bills on appoint-

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ments to Judicial Nominating Commissions, legislative review of federal and state court rulings, appointment of attorneys for dependent children with special needs, Guardian ad Litem direct-support organizations, jurisdiction of county courts, and certification of judges. For summaries of legislation of interest to the legal profession and weekly updates: www.floridabar.org/legislativeactivity.

A pilot program for the proposed free automated trust accounting solution for Bar members could be underway by the Annual Convention. A special committee has been working with a technology provider on a program to help Bar members avoid technical violations of trust accounting rules and resulting disciplinary action. At present, The Florida Bar Practice Resource Institute provides trust accounting and monthly reconciliation forms using Microsoft Excel free of charge, as well as other resources including the required compliance notice, FAQs and forms to open IOTA accounts.

An amendment to Bar Rule 6-10.3 was approved which specified that one hour of the five required CLE hours of ethics, professionalism, mental health and substance abuse, and bias elimination courses during each 33-credit, three-year CLE cycle must be in professionalism. The Supreme Court must approve the rule change. For more information on professionalism CLEs, visit https://www.floridabar.org/prof/pcle/.

Based on a determination that an insurance product which reimburses attorneys for the costs incurred in representing a client in a contingent matter if the case is lost at trial may benefit the client, the Board decided that it may be permissible for attorneys to request reimbursement from their clients from any recovery for the cost of this “litigation cost protection” insurance. Bar staff has been directed to issue an advisory opinion which sets forth strict guidelines as to when an attorney may seek reimbursement for this cost and the requisite disclosures to the client. The February 15 issue of The Florida Bar News provides more details on the Board’s discussion.

Amendments requested by the Supreme Court to the proposed rules to allow attorney spouses to military personnel stationed in Florida to practice under certain conditions were approved. The changes set a five-year limit on the practice and require those qualified to be mentored by a Bamember or associated with a Florida law firm. The

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Special

W Jonathan Simon, Esq.

Curtis Azama, CPA/ABV

Rethinking Alimony without the Tax Deduction How to Maximize Cash and Minimize Angst

ith all of the discussion surrounding the numbers using a present value discount of 4% new tax code and its elimination of the (conservative) and see where we can create value tax deduction for the paying spouse, it is for our clients. an appropriate time to revisit the overall value of a dollar in an alimony case Number of Years Net Present Value Value of All Payments Difference both from the paying party’s perspec- 2 $92,113 $96,000 $3,887 tive and the receiving party’s as well. $177,155 $192,000 $14,845 The truth of any alimony case is that 4 the person paying will feel like he or 6 $255,670 $288,000 $32,330 she is paying too much, and the per$328,157 $384,000 $55,843 son receiving alimony will perceive it as 8 $395,081 $480,000 $84,919 not quite enough on a monthly basis. Is 10 there a way to solve both parties’ concerns? Thankfully, the answer is yes.

The obvious trend that jumps out is that the One of the most common reasons that family law paying spouse can save a tremendous amount of cases take a significant amount of time to reach money by negotiating a settlement to prepay the a conclusion is the uncertainty of the outcome. alimony obligation at a present value discount.

While child support guidelines offer some objec- This creates a certain dollar amount that will retive guidance in resolving that portion of your solve the paying party’s alimony obligation. It case, Florida law is merely restating “factors” represents a one-time, non-modifiable (by either that the court is to follow and leaves a significant party), non-deductible payment that completely amount of discretion to the trial court. In an ali- extinguishes the requesting spouse’s claim both mony case, rolling the dice in court is typically now and in the future. too much risk to advise the paying spouse or the This sounds like a great deal for the paying receiving spouse to take. The only reason to try spouse, but it is also a great deal for the receiving an alimony case is if the best offer on the table is spouse since the receiving spouse can make up the significantly worse than a bad day in court. Oth- difference in agreeing to provide a present value erwise, creating certainty is the way to resolve ali- discount (ideally for more years of alimony) by mony cases. taking a lump sum and purchasing an annuity or From the paying party’s perspective, the burning other stream of payment product. These products questions of “can I still pay my own bills?” and will pay out a certain monthly payment guaran“what if my former spouse wants more money?” teed by a third-party corporation, not the ex, and will play over and over again in the mind. The typically offer rates of return of at least 4% over a only way to solve those concerns is to create cer- period of time. So, in theory, the receiving spouse tainty. The receiving party will wonder “what if will still get the benefit of the full value of his/her my former spouse loses his/her job?” or simply alimony claim, while the paying spouse receives “what if he/she just doesn’t pay?” This is where a discount for making the payments in advance. some mathematical calculations that attempt to The receiving spouse is also free to get remarried, quantify risk become helpful in analyzing an ali- cohabitate, earn wages, and the like without the mony case. Here is a practical example: paying spouse looking over his/her shoulder to Assume that the receiving spouse needs a bare try to modify the alimony payment. Most imporminimum of $4,000 per month and that the tantly, the receiving spouse now has the certainty paying spouse is likely to be ordered to pay that of knowing that his/her monthly payment is fixed in court, under extreme protest, of course. The and recurring and guaranteed by a third-party. length of the marriage is 10 years, which means Jonathan Simon, Esq., is a board certified family law the court could order alimony for up to 10 years attorney as well as owner and CEO of Orlando Legal. and anywhere in between. For each year the court Curtis Azama, CPA/ABV, has 25 years of professional orders or does not order alimony, a $48,000 swing experience in accounting, taxation, and auditing seris created, which is an unacceptable amount of vices. risk for most parties. But let’s break down these

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Chief’sColumn

Inside the Courts

I

nside the Courts is an annual community outreach program that increases awareness about the judicial system. The program is held at the Orange County Courthouse during four consecutive Tuesday evenings in early spring and is taught by judges from different court divisions.

The session topics vary from year to year, allowing program participants to attend each year to learn about a wide array of legal topics, including, among many other topics, juvenile delinquency The Honorable Frederick J. Lauten and dependency, bonds, injunctions, and mediation. The program also provides information Chief Judge about court programs and services, such as the Ninth Judicial Circuit Court K9th Program, Family Ties, and court interpreting.

The presenters encourage active audience participation. On average, each year more than 300 attendees participate, of which nearly 150 receive certificates of completion for having attended at least three out of four sessions. On the final evening, a panel of judges composed of presenters from prior sessions answers audience questions in an open forum. Inside the Courts provides a unique opportunity for the public to interact freely with judges in a transparent and open format.

Inside the Courts is now in its 20th year. The program was created in 1998 by now-retired Orange County Judge W. Michael Miller. Judge Miller joined The Florida Bar in 1980 after graduating from the University of Florida’s College of Law in 1979. Prior to passing the bar, Judge Miller received his bachelor of arts in political science from Furman University in 1975. Besides creating, producing, and moderating the Inside the Courts program for 19 years, Judge Miller also served as chairman to the County Court Planning Implementation Committee, member of the Orange County Courthouse Security Committee, an Orange County Traffic Hearing Officer trainer, and co-founder of the Florida Academy of Professional Mediators. After becoming an Orange County judge in 1991, Judge Miller served in all county divisions. He became a senior judge in 2017.

Judge Miller’s innovative program, Inside the Courts, has informed numerous citizens about the inner workings of their court system. Inside the Courts also helps members of the judiciary bet-

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ter understand the concerns of the public. Over the last 19 years, the program has served approximately 2,500 attendees and thousands more have had the opportunity to view the sessions on public access television. Inside the Courts has been so successful that the Nineteenth Circuit modeled their program, Your Courts Up Close, after our program, and other Florida circuits plan to set up similar programs for their communities.

When asked about the program’s success, Judge Miller remarked, “The participating judges and court personnel do an outstanding job, and the public’s response to Inside the Courts has been truly gratifying. In every respect, the program continues to exceed our expectations.”

I would like to thank Judge W. Michael Miller for his vision in developing Inside the Courts and for producing and moderating the program for almost two decades. The main role of a judge is to interpret the law fairly. Yet so much of what we do depends on the public’s trust in our institution. Long before the Florida Supreme Court established a communication plan encouraging courts to share their stories with the public, Judge Miller did just that by creating this remarkable program. His efforts are truly commendable.

As the date for this year’s program approaches, Circuit Judge Robert J. Egan will be directing Inside the Courts. We are honored to have Judge Egan assume this responsibility and we look forward to another successful program. I am confident Judge Egan will continue to build upon the work that Judge Miller did to expand the reach and appeal of this community outreach program.

The 2018 program will be held on March 20, March 27, April 3, and April 10. If you or someone you know would like to register for the program, please visit the NinthCircuit.org website and register under the Inside the Courts webpage under the “Court Programs” section. As with previous years, court interpreters and court reporters who attend the program are eligible to receive continuing education credits.

The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

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Solo & Small FirmCommittee

T

What I Know Now... A Six-year Perspective, Part 2

his is the third in a series of articles from the Solo and Small Firm Committee. The first article, “What I Know Now... Opening a Small Firm Practice – Year 1” by Heather M. Meglino, Esq., appeared in the August 2017issue of The Briefs, and Part 1 of “What I Know Now... A Six-year Perspective” appeared in the January 2018 issue.

Thomas B. Feiter, Esq., B.C.S.

Highly Suggested Reading: The E-Myth Attorney: Why Most Legal Practices Don’t Work and What to Do About It! by Michael E. Gerber, and How to Win Friends and Influence People by Dale Carnegie.

Bottom Line Up Front Being a solo or small firm practitioner can be an extremely fun and rewarding experience. It can also provide a terrific income for an attorney willing to work hard. But there are significant challenges – and fierce competition. Like with most things, success can be found with proper preparation. Being the current chair of the OCBA Solo & Small Firm Committee, I will shamelessly give us a plug here by saying that is what we are all about – helping each other to succeed in our practices! We even have a major seminar, held every October, called “How to Run a Profitable Small Firm,” designed to bring practical guidance and help to local solo and small firm attorneys.

More Money The truth of the matter is that most attorneys venture into private practice to make more money.

And there is nothing wrong with that. But just how much is “more?” If you are a government employee making $50,000 per year, you are probably far better off than the private attorney making $100,000. Here are some reasons why. First, the private attorney doesn’t have a pension plan.

In 20 years, the government attorney’s pension plan will probably be worth far more than the private attorney has saved in their IRA or 401(k) – if they saved anything at all! Second, private attorneys do not qualify for loan forgiveness programs like the federal public service loan forgiveness program. Third, private attorneys spend more and pay more in taxes (because our tax system is progressive). Fourth, private attorneys work far more hours than the average government lawyer.

So the government attorney’s hours and quality of life are likely far better (i.e., more time for family and exercise). And this list can go on and on.

I share this here because of the misconception that private practice is always more lucrative than

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government work. If you are thinking of leaving your government job to try to make more money in solo or small firm private practice, I first suggest you consult with a financial advisor to get an idea as to how much you will really need to earn and save to match what you are currently making. Second, you need to be honest with yourself about how many hours you are willing to dedicate to work. If you are not willing to work nights and weekends regularly, there is a very low chance of success in private practice.

Learning the Business To endure in private practice, I have found that learning the business side of the law (from someone who is already doing it successfully) is essential. The OCBA’s Mentoring Program is great in this respect. I highly recommend it. New private practitioners must learn how to attract new clients – and get hired. Don’t just do the law school thing and learn how to do it in theory. Actually sign up clients before hanging out your own shingle. Learn what that entails. And don’t forget that getting hired is one thing. Getting paid – and getting paid in full – is another. You don’t want to spend all your time and money setting up your practice, which is the fun and easy part, and then learn the hard truth – that you don’t have enough clients or money in your operating account. All lawyers fall into two general categories: you either have clients or you work for another attorney who does.

Starting Up Unless you are privately wealthy, I believe solo and small firms should start small. Business loans can be brutal. And the last thing any young lawyer needs is more debt. Save as much as you can so you don’t need to take loans – enough to sustain all costs for at least 4-6 months. New solo and small firm attorneys must also understand that they will need to put in hard work and long hours and may not bring in any money (or turn a profit) for a while. And if you do manage to stay in business past your first year, don’t let up! Complacency is a practice killer, so reinvest in your business, grow it, and keep up with technology. If you are not sure how to do that, join the OCBA Solo & Small Firm Committee and/or visit The Florida Bar’s Practice Resource Institute (pri.floridabar.org). Some of the top things they suggest is to (1) hire an answering service to take your calls, collect payments, and set up new apcontinued page 43

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Craftsmanship.

Just as a fisherman assembles everything he needs to pursue a deceptive catch, Larry Watson approaches a dispute with all the equipment needed to achieve even the most elusive resolution.

His tackle box has all the necessary tools to resolve conflict without resorting to litigation, or to streamline any litigation that must occur.

For more information about Upchurch Watson White & Max, visit UWW-ADR.com or call (800) 863-1462.

Orlando | Ormond | Ocala | Jacksonville | West Palm | Ft. Lauderdale | Miami | Birmingham

theBriefs March 2018 Vol. 86 No. 3

www.orangecountybar.org

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2018 OCBA Bench Bar Conference April 27, 2018

Register Today!

Pack your bags and prepare for takeoff to your destination – the beautiful Hyatt Regency Hotel at the Orlando International Airport.* Our 2018 Bench Bar Conference is a first-class event! Hear from members of the judiciary from Orange, Osceola, and Seminole counties and esteemed judges from the federal bench.

Service includes 31 in-flight sessions and up to 6.0 “frequent flyer” CLE credits when you check in to sessions in topics including: Appellate Practice Bankruptcy Law Business Law

Criminal Law Estate, Guardianship & Trust Law Employment Law

Family Law Immigration Law Personal Injury / Insurance Law

Join us for lunch and “Ethics Jeopardy” with OCBA’s senior flight crew. Enjoy a smooth touchdown and a special reception with our sponsors – complete with a raffle and drawing!

Breakfast, lunch, breaks, and reception included.

Fees

To register, go to: orangecountybar.org/products/seminars For special room rates at the Hyatt Regency, go to: https://aws.passkey.com/event/49162709/ owner/8627/home

Government* All others On site

OCBA Members $200 $300 $350

Nonmembers $200 $325 $375

*Fee does not increase for government attorneys.

Sponsored by:

Business Appraisal Group, LLC  First Green Bank  Flag Insurance Services  GlassRatner  GrayRobinson  Milestone Reporting  Phipps Reporting  US Legal Support  Westlaw

Sponsorship Opportunities!

Want to Fly First-Class? Consider a Sponsorship!

Law Firm Sponsorship - $1,200 You will receive: 4 Registration, all meals, and a full day of CLE sessions for two attorneys 4 One-eighth page black/white ad in the Bench Bar Conference program 4 Listing as sponsor in the Bench Bar Conference program 4 Announcement of sponsorship at the beginning of one session (subject to availability) 4 Signage at the sponsored session 4 Logo on rotating PowerPoint presentation in the main ballroom 4 Listing on sponsor board outside the main ballroom

For sponsorship details, see the OCBA website, or contact: Amanda Nethero, Marketing and Sponsorship Manager amandan@ocbanet.org / 407-422-4551, ext. 244 PAGE 12

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*This CLE is not an actual flight.

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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

Protection & Peace of Mind

Voting shall be by electronic ballot emailed to each voting member of the Association on Thursday, March 1, 2018.

Members eligible to vote will receive, via email, a secure, non-identifying link to the electronic ballot.

Since issuing its first policy in1989, Florida Lawyers Mutual has been providing Florida law firms with the protection and security needed for Peace of Mind. Why choose Florida Lawyers Mutual? * Created by The Florida Bar * Rated “A” Excellent by A.M. Best

* Cyber Coverage Included * Aggressive Defense of Your Reputation

* Owned by our Policyholders * 10% Premium Discount for Board Certified Lawyers

* One on One Personal Service * Free CLE

Call or visit us online to learn how professional liability insurance can protect you.

flmic.com | 800.633.6458

Voting will begin on Thursday, March 1, 2018 and close on Wednesday, March 21, 2018.

Electronic ballots must be cast no later than midnight March 21, 2018, and paper ballots must be received in the OCBA office no later than 5:00 p.m. March 21, 2018.

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

C R E AT E D F O R L AW Y E R S , B Y L AW Y E R S

1/4 page Protection & Peace of Mind Ad.indd 1

12/10/17 9:00 AM

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 - March 26 $35 – March 27 - race day NEW! Virtual Race Registration - $30 Group Discount Pre-registration: $5 off per registration (20-29 people) $10 off per registration (30+ people) Email OCBALawDay5k@gmail.com for group registration prepayment form!

SPONSORSHIPS AVAILABLE! Contact Amanda Nethero at amandan@ocbanet.org or Nikki Rodeman at ocbalawday5k@gmail.com

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

Net proceeds benefit the Legal Aid Society of the Orange County Bar Association, Inc., and the OCBA Foundation, Inc. theBriefs March 2018 Vol. 86 No. 3

www.orangecountybar.org

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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.

Michael L. Smith, R.R.T., 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.

• Board Certified by The Florida Bar in Health Law • B.S. Nova Southeast University • J.D., Stetson University College of Law • Registered Respiratory Therapist • Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

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

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 14

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SpecialLaw Week

O

OCBA Law Week Program Seeking Volunteers!

Separation of Powers: Framework for Freedom

ur award-winning Law Week program has kicked into high gear and is in need of volunteers – it’s fun, you’ll meet fabulous kids, you’ll work alongside some dynamite colleagues, and you’ll feel great helping spread the word about our government, the judicial system, and the importance of civic responsibility. Every bar member who has participated in the past says there’s nothing quite like it – and the ABA agrees!

Here’s where you can help: Big Bad Wolf Mock Trials for Elementary School Students – No acting experience is required to don a costume and be a prosecutor, defense attorney, “criminal,” victim, or judge in this fun play for little kids!

It’s easy and comes with instructions.

The only hard thing will be a blow to your ego if a jury of school kids finds your client guilty!

Mock trials are being held throughout March and April, with some tentative On February 2, 2018, the Orange County Bar Association received dates on the books for May. Contact the American Bar Association’s Law Day 2017 Outstanding Brandon Sapp, Activity Award for Best Student Program at the ABA’s midyear meeting in Vancouver, British Columbia. Our program was singled Esq., at bsapp@ out for its “engaging programming for students, including the dsklawgroup.com mock trials, judge shadowing, teach-ins, speech contest, 5k medal for all the details.

Sign up for one or more skits – each presentation takes less than an hour of your time!

DUI Mock Trials for Middle and High School Students – Do you think the separation of powers is important? So do we! Join Patti Savitz, Esq., and colleagues as you show a video of the impact of a real-life DUI on a 20-year-old woman and her family. You and the students will discuss aspects of the branches of government and how they affect what happens in the courtroom during a mock trial of this case. A presentation guide and the video are provided. Patti’s enthusiasm is contagious! Find out more and sign up by contacting her at psavitz@floridabar.org. Some dates have been scheduled, but there one’s coming up on March 15, so act quickly!

Law Day 5k – It’s our 4th Annual Law Day 5k, and if you haven’t volunteered to help in the past, now’s the time to do so! Folks are needed to help with registration; set up the course and the sponsor tables; prepare the race packets stuffed with goodies and a T-shirt; hand out water along the race route; lug stuff from cars and vans (...ok, that doesn’t sound like a lot of fun, but it is when you’re working with your friends and colleagues!).

You get the idea. We’ll need about 50 volunteers.

It’s not too early to jump at the chance to help our event beneficiaries: the OCBA Foundation, Inc., and the Legal Aid Society of the Orange County Bar Association, Inc. Contact Nikki Rodeman at ocbalawday5k@gmail.com.

These are not the only Law Week activities that need volunteers! Don’t forget: A Day in the Life of a Judge Job Shadowing; Law Day Luncheon; Liberty Bell, Shield & Apple Awards; Middle School Theater Program; Naturalization Ceremony; Pathways in Law; and Poster & Essay Contest (...be sure to contact your child’s school or teacher!). See the OCBA website at http:// www.orangecountybar.org/lawday to get in touch with the activity chairs today!

design, and the Girl Scouts involvement in the naturalization ceremony,” said Frank Valadez, director of the ABA’s Division for Public Education.

Law Week co-chairs Andrew Roy, Esq., and Jessica Travis, Esq., accepted the award from Ruthie Ashley, Esq., who presented it on behalf of the ABA board of delegates.

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PAGE 15

SpecialYLD

A Denise Kim Beamer, Esq.

Jennifer A. Smith Thomas, Esq.

Eric R. Elms, Esq.

YLD Unveils Newest Member Benefit – Legal Accelerator Website

t the annual Affiliate Outreach Conference in January, The Florida Bar Young Lawyers Division (“YLD”) launched its new “Legal Accelerator” website. The Legal Accelerator can best be described as a “virtual mentor” that serves as a one-stop hub for obtaining advice on a variety of common issues encountered by young lawyers. This new website is housed behind The Florida Bar member portal and can only be accessed by licensed Florida attorneys.

One of the primary roles of the YLD is to assist its members in the transition from law school to law practice. Over the past several years, the YLD has focused its efforts on providing resources to help new attorneys operate in today’s ever-changing and challenging legal marketplace. In doing so, the YLD has created substantial content for its members, including how-to videos, webinars, basic CLEs, blog posts, and more.

The Legal Accelerator aggregates all of this previously existing content into one location. In addition to the existing content, the YLD has filmed approximately 1,000 mentoring videos covering roughly 500 topic areas. The videos, which continue to be created, have been filmed by more than 100 experienced Florida practitioners, including judges. This new website is the vision of current YLD president, Zack Zuroweste, Esq. “This is the first website of its kind and will revolutionize the way in which young lawyers receive answers to a variety of questions. We want the Legal Accelerator to be the first-stop on every young lawyer’s path to solving an issue they may be facing,” said Zuroweste.

Similar to Google, the Legal Accelerator is easily searchable and organized in a user-friendly manner, allowing lawyers to efficiently and effectively find answers to their questions. The content located on the Legal Accelerator is divided into five (5) main categories: 1) Professional Development;

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2) Ethics & Professionalism; 3) Substantive Legal Questions; 4) The Florida Bar; and 5) Health & Wellness. Additionally, the content is labeled with multiple “clickable” descriptive tags for even easier searchability across the website.

Santo DiGangi, Esq., and Andrew Pickett, Esq., led the effort to create the new website as the current chairs of the Legal Accelerator Committee.

“This revolutionary project could not have been achieved without the hard work and dedication of many people,” said DiGangi. “We hope that our members will utilize this cutting edge resource and benefit from the outstanding content it provides.”

The YLD plans to continue adding videos and content to the website throughout this year. The Legal Accelerator can be accessed through The Florida Bar member portal located at www.floridabar.org.

Denise Kim Beamer, Esq., is an assistant attorney general with the Office of the Attorney General, where she practices in the Consumer Protection Division. She has been an elected Ninth Circuit Young Lawyers Division Board of Governor since 2017 and a member of the OCBA since 2012.

Jennifer A. Smith Thomas, Esq., is a partner with Southern Trial Counsel |PLC, where she practices in the areas of products liability defense, and premises liability defense. She has been an elected Ninth Circuit Young Lawyers Division Board of Governor since 2015 and a member of the OCBA since 2008.

Eric R. Elms, Esq., is an associate with Fisher Rushmer, P.A., where he practices in the areas of personal injury insurance defense. He has been an elected Ninth Circuit Young Lawyers Division Board of Governor since 2013 and a member of the OCBA since 2011.

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PhotoOp IP Committee Special Olympics Fundraiser

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

Modest Means Program

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

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

On January 10, the OCBA’s IP Committee hosted “Happy Hour for a Cause” and raised more than $1,400 for Special Olympics of Florida. The funds will be used to send athletes to the 2018 Special Olympics USA Games in Seattle, Washington, this coming summer. The games showcase athletes with intellectual disabilities and promote the ideals of acceptance and inclusion through sport.

Shown are: : Gregory W. Hebert, Esq.; Julie P. Kendig, Esq.; Joshua R. Brown, Esq.; Dawn I. Giebler-Millner, Esq.; Ava Doppelt, Esq.; James R. Lussier, Esq.; and Special Olympics athletes.

Have You Ever Wondered...

• “How do I get an injunction?”

Dates:

• “Where do I file for a foreclosure?”

Tuesday, March 20th Tuesday, March 27h Tuesday, April 3rd Tuesday, April 10th

• “Do I always have to appear in front of a judge for a traffic citation?”

Inside the Courts is a dynamic 4-night program that will show you how our judicial system really operates. You’ll learn about the judge’s role, the processes of a case, the challenges our courts face today, and what the court of the future looks like. Plus, you’ll have the opportunity to ask your questions.

Inside the Courts is a FREE program.

Attend 3 of 4 sessions and receive a certificate of completion from the court.

theBriefs March 2018 Vol. 86 No. 3

Time: 6:30 p.m. — 8:30 p.m.

Location: Orange County Courthouse Jury Assembly Room 425 North Orange Avenue Downtown Orlando

www.orangecountybar.org

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Legal Aid SocietyWhat We Do...

A Donna A. Haynes

Teri Winkler: Domestic Violence and Bankruptcy

t the 2017 Breakfast of Champions, former client Teri Winkler was one of our guest speakers. Teri received free family law legal services provided by Angel M. Bello-Billini, Esq., the Legal Aid Society of the Orange County Bar Association’s director of litigation, and free bankruptcy law services from pro bono attorney Wendy Anderson, Esq. Teri spoke to those gathered at the Breakfast of Champions and told the story of how the Legal Aid Society helped her in her time of need.

My name is Teri. I’m your neighbor. I am told that a typical Legal Aid client is considered “working poor.” Someone that works making lower wages. By the way – that’s me.

I make enough money to get by. But there is not much left over. In the big scheme of life, that does not matter. Because - I love my job. I have one child, a son, the love of my life. His father, my husband, was part of our hearts and family for a long time. He was a drug addict, employed as a carpenter, whose life was significantly changed as rolls of carpeting pinned him down and fractured his back. He became a person unknown to us as he misused opioids and street drugs. Abuse had now entered our loving home: mental, verbal, and physical. It is fair to say, I took a lot of his garbage. Far more than I should have. I was afraid. I wanted a family. I wanted a father for our son. But, there comes a day when everyone draws that “line in the sand” and says “enough.” It might have been the day that he spat on us, or the day he threw me across the room. But the image that comes when I close my eyes to sleep is my son, dodging thrown dishes as they flew past his young scared face. I myself made poor choices. Being dragged into this mess, I had to not only break from his physical abuse but his lifestyle, which sadly became mine.

One day, I had that ah-ha moment. You would have hoped it arrived sooner. But apparently it took members of a police department dragging him away for me to look up.

But, look up I did. I grabbed my son and vowed to never again put him in a dangerous situation. Or, in the line of dodging dishes. My husband was arrested for drugs and theft. His arrest allowed me to escape and we joined my sister in Orange County, Florida. A one-bedroom nook cannot house

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three people for long, and my husband knew where I was. While my sister welcomed us, it was only for a few days because we didn’t fit and were most importantly, not safe. I went to Harbor House, but it was full. We had to go to a shelter in Lakeland. While in Lakeland, the shelter helped me get an injunction.

With an injunction in hand we felt safer. At least safe enough to put one’s head down to sleep behind secure locked doors of a domestic abuse shelter. We had safety, but nothing else. That means no cash in hand. No credit cards to use. Only two changes of clothes in a small meager bag. I needed an end. I needed a break. I needed a divorce. I contacted private lawyers that quoted $2,000 - $3,000 for a simple divorce. Not something affordable, even if we were to make payments. So, I went to the Legal Aid Society of the Orange County Bar Association and I was screened by a volunteer attorney. Meeting the financial and other guidelines, I was provided several free lawyers, one was Wendy Anderson, who along with her assistant, Michelle Williams, handled my bankruptcy at no charge.

Finances tend to get out of hand when you are on the run, borrowing wherever you can and not making the best decisions. Having debt discharged gave me hope to once again land on my feet. Another appointment was scheduled with the family law attorney, Angel Bello-Billini, who met with me and accepted me for the “pro se” or “do it yourself family law clinic.” While they call it “do it yourself,” I felt very much part of a team. I was not flying solo. I filed on my own, but it was too complicated. I went back to Legal Aid and Angel Bello-Billini became my attorney. On May 19, 2017, my divorce was entered by the Honorable Heather Pinder Rodriguez, who treated me with respect and concern.

It was a new beginning. As I said, I am gainfully employed. I have an apartment. It is two bedrooms and seems huge. Sometimes, I walk home from work as I do not have a car. But, that’s okay because I feel safe and secure. My son is attending a private school on a full scholarship carrying a 91.4% GPA. Mom’s proud. He is dreaming again. As am I. Dreaming of finding my new fella on Match.com, but that’s another story. One of

continued page 42

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Legal Aid SocietyGAL Teaching Tips

A Bethanie Barber, Esq.

GAL Appellate Work Appeals to One’s Professional and Ethical Passions

s a Legal Aid Society of the Orange County Bar Association, Inc. attorney, I take pride in every word that makes up my firm name. My colleagues and I know we are joined by OCBA volunteer attorneys unmatched in skill and generosity. Based on the February 1, 2018, Appellate Practice Committee (“APC”) training, “Appealing Wisely and Avoiding Un-Appealing Mistakes,” our fellow OCBA attorneys also possess an unparalleled level of healthy competitiveness.

The day-long training, facilitated by APC chair Carrie Ann Wozniak, Esq., of Akerman, LLP, taught the more than thirty attendees, including a number of Legal Aid Society staff members and volunteer attorney guardians ad litem (“GAL”), the ins and outs of appellate practice, including civil, criminal, guardian ad litem, and workers’ compensation appeals.

The OCBA, through its commitment to volunteer attorney GAL representation of abused, abandoned, and neglected children, continues to set the standard for quality dependency representation. This representation extends far beyond the steps of the Thomas J. Kirk Juvenile Justice Center.

While the training addressed an array of appellate subjects that featured esteemed panelists, including The Honorable Brian D. Lambert and The Honorable Eric J. Eisnaugle of the Fifth District Court of Appeal, the APC also created an entire GAL-specific component of the training led by The Honorable Daniel P. Dawson of the Ninth Judicial Circuit Dependency Court, and Kim Ashby, Esq., a volunteer attorney GAL, partner, and litigation lawyer with Foley & Lardner LLP. Statewide GAL Program Director of Appeals Thomasina Moore, Esq., also presented valuable dependency-specific appellate tips.

The panelists, in addition to providing legal education, also encouraged attendees to try their hand at a GAL appeal, explaining that the return on the time investment is unquestionably worth the potential result. Not only have OCBA attorneys brought safety and stability to Orange County’s most vulnerable children, but last year,

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several OCBA APC attorneys, including training attendees Jamie Billotte Moses, Esq., Nick Shannin, Esq., and Thomas Young, Esq., also helped the Statewide GAL Program serve more than 475 additional children through appellate work. It is important to note the full-force “highfive” displayed by Jamie and Nick immediately after learning that OCBA attorneys led the way in achieving this record-setting statewide GAL appellate representation number.

Of the APC’s continued commitment to pro bono appellate work, Carrie Ann commented, During our seminar, the OCBA Appellate Practice Committee was thrilled to both highlight pro bono accomplishments in Florida’s appellate courts to date and encourage more attorneys to consider taking a pro bono appeal. A GAL appeal is a great way to gain brief-writing experience with a more limited record and ever-present assistance and guidance from GAL staff. Having an entire section of our seminar focused solely on GAL appeals presented by Kim Ashby and Judge Dawson was such a special opportunity, and I’m so glad many Legal Aid attorneys were able to join us for it.

We at the Legal Aid Society extend our continued thanks to the APC and all OCBA members. We look forward to another year of service, partnership, community growth, and countless victory high-fives.

Please visit https://www.youtube.com/watch?time_ continue=5&v=T128yYkxaeA to view the amazing accomplishments of the Appellate Practice Committee on behalf of dependent children throughout the state.

For more information about GAL appellate advocacy, please contact Bethanie Barber, Esq., Guardian ad Litem Program director, at bbarber@legalaidocba. org, or 407- 841-8310, ext. 3136.

Bethanie Barber, Esq., Guardian ad Litem Program director at the Legal Aid Society of the Orange County Bar Association, Inc., has been a member of the OCBA since 2008.

www.orangecountybar.org

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Legal Aid SocietyWhat We Do...

A Donna A. Haynes

Not My Lawyer

ttorney Leigh Anne Vancol works for the Legal Aid Society of the Orange County Bar Association, Inc. as the guardian ad litem (“GAL”) litigation director. Prior to that, Leigh Anne was in private practice and served as a pro bono GAL. During that time, she became the attorney for two minor children who were removed from their parent, Allie Goodpasture. As luck would have it, Allie’s children were placed in foster care with attorney David Paul and his wife, Melissa. Allie was scheduled to speak at the Tenth Annual Breakfast of Champions in November 2017; however, her mother passed away a few days before the event. Leigh Anne stepped up and shared Allie’s prepared remarks.

Imagine, a young single mom. With two children, a three-year-old son and a oneyear-old daughter. While life is not easy for a single mom, it can still be a good life. A life of love, laughter, and opportunities. That was not the hand my children were dealt – at least until now. I was caught in the cycle of poverty, homelessness, substance and physical abuse. My children did not have the laughter and innocence they should have. It was not pretty. Poverty never is. We tend to look away. Or, believe it does not happen, not in “my town.” But, let me assure you it does.

When I look back, I cannot even tell you what came first; the poverty, the homelessness, the substance abuse, the despair, or the physical abuse. It doesn’t really matter. They are all linked.

In 2013, the Legal Aid Society entered my life. This was because I could not take care of my children. The Department of Children and Family Services removed my children from me. The children were appointed a guardian ad litem through Legal Aid. And, as luck would have it, attorney David and Melissa Paul fostered my children. Though I did not know it at the time, this was the beginning of change for the better. Attorneys helped to change my life. I was caught in the cycle of abuse, in and out of unstable situations. In February of 2014, I had a series of bad reactions to prescription and illegal drugs. I ended up hospitalized. I had five grand mal seizures. Yeah - not so much fun.

Rightfully so, the Department of Children and Family Services removed my children due to my drug use and neglect. This was rock

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bottom for me. I worked hard to turn my life around. I engaged in services and resided at the Ruth House. Despite my case plan progress, in February of 2015, the Department reunified the children with their biological father in Michigan. This was over my objections and despite a negative home study. I will never understand how a home study can come back negative, and yet minor children are sent anyway. The reunification was disastrous. Again, innocent children were unnecessarily neglected. They failed to receive medical attention. They failed to receive education. And, their stepmother struggled with her own addiction issues. Once again, these children were removed from a second unfit parent. This time the father. We were lucky, as the foster parents again assigned were David and Melissa Paul. This was, in part, due to the support of the guardian ad litem attorney at Legal Aid who advocated for my children to be removed from their father and returned to the Pauls.

I knew then, my children would be housed, fed, clothed. They would start to regain some of their innocence and learn to laugh again.

The guardian ad litem attorney made sure my children were happy, healthy, and safe in their placement with the Pauls. They cared, loved, sheltered, and fed my children. Frankly, they cared, loved, and fed me too. I can never repay them for what they have done.

And, when I got my life back on track, the guardian ad litem and the Pauls both supported my children being reunified with me.

Attorneys saved and changed the lives of my children. Attorneys saved and changed my life. I have my children back. I am providing them a life of love and laughter. I have been successfully clean since April of 2016, or 17 months, 12 days and 14 hours of clean. But who’s counting? I am enrolled in Seminole State College. I am seeking employment that is compatible with taking care of three children. Something “on the books this time.”

You know, legal and by the rules. I want to pay taxes and contribute to society. But frankly, I want to eat too. You should not have to decide between the two. For now, I share my story. I think about the 14,449 others like me. I wonder if they have a David continued page 42

theBriefs March 2018 Vol. 86 No. 3

MARY ANN ETZLER FOR OCBA PRESIDENT-ELECT 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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Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership.

Vaunda Lyles • 407-925-3398 • vaunda.lyles@thomsonreuters.com Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979.

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

The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors. theBriefs March 2018 Vol. 86 No. 3

“I have the enthusiasm, vision, and commitment to grow the OCBA forward, in service together with you.”

22 Years of Dedicated Service to the Bar & the Community... and Just Getting Started!

OCBA Leadership Orange County Bar Association Membership Since 1996 • OCBA Treasurer 2017-2018 • OCBA Secretary 2016-2017 • Executive Council 2010-2018 • Executive Council Finance Committee 2013-2018 • Leadership Law Chair & Facilitator 2011-2016

OCBA Service

• Citizen’s Dispute Program Mediator 1997-2000, 2008-2010 • Law Week Liberty Bell Chair 1999 • Legal Aid Society Guardian ad Litem 2001-2018 • Legal Aid Society Teen Court Volunteer & Judge 2001-2005 • The Briefs Editing Committee 2000-2001

Other Leadership & Education

The Florida Bar • Client Security Fund Committee 2016-present • Consumer Protection Committee 2010-2016 • Unlicensed Practice of Law Committee 1998-2001(chair 2001) George C. Young American Inn of Court • Secretary 2009-2018 • Board Member 2008-present • Member 1997-present Leadership Development • Leadership St. Pete 1992 • Leadership Orlando 2007 • Political Leadership 2008 Christian Service Center • President 2011 • Board Member 2006-2011 Conductive Education Center of Orlando • 2015-present Other • OCBA Paralegal Section Seminars • FAMU Appellate Arguments Judge • Mock Trial Judge 2011-2016 • Legal Aid Society of the OCBA Lunch & Learn Florida Supreme Court Certified Circuit Civil Mediator & FINRA Certified Arbitrator Martindale-Hubbell® AV PreeminentTM Rating

Awards

• OCBA Outstanding Executive Council Member Award 2012 • Florida Association for Women Lawyers, Leader in the Law Award 2010 • Florida Pro Bono Award annually from 2006-present • Legal Aid Society Guardian ad Litem Award of Excellence 2012 • Ninth Judicial Circuit 2017 Pro Bono Award for 900+ Hours Donated

Thank You for Your Vote!

Thank You for Your Vote! www.facebook.com/pg/Elect-Mary-Ann-Etzler212432459311486/about/?ref=page_internal facebook.com/elect Mary Ann Etzler www.etzlerlawfirm.com www.etzlerlawfirm.com

www.orangecountybar.org

PAGE 21

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theBriefs March 2018 Vol. 86 No. 3

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PAGE 23

Tenesia C. Hall, Esq. Deanna E. Rahming, Esq.

Gary S. Salzman, Esq.

Star of the Bar Sarah P.L. Reiner, Esq. Richard S. Dellinger, Esq.

Larri T. Thatcher, Esq.

Former United States Congressman Ric Keller (center) with guests at the OCBA’s January Luncheon PAGE 24

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theBriefs March 2018 Vol. 86 No. 3

OCBA January Luncheon January 18, 2018

The Ballroom at Church Street Sponsored by: First Green Bank, LexisNexis, Orange Legal

Dougald B. Leitch, Esq. Legal Aid Society Judge J.C. “Jake” Stone Distinguished Service Award

Ric Keller, Esq. Former U.S. Congressman Liz McCausland, Esq. OCBA President

Liz McCausland, Esq. OCBA President

Wynne E. McFarlin, Esq., Legal Aid Society President; Dougald B. Leitch, Esq.; Kathy Leitch; Tony Sos, Esq.

theBriefs March 2018 Vol. 86 No. 3

www.orangecountybar.org

Photos: Flo Boehm

PAGE 25

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theBriefs March 2018 Vol. 86 No. 3

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PAGE 27

6th Annual Central Florida Diversity and Inclusion Picnic January 27, 2018

Barry University, Orlando

Photos: Aaron Sobel

PAGE 28

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theBriefs March 2018 Vol. 86 No. 3

Special 6th Annual Central Florida Diversity and Inclusion Picnic

T

Please consider sponsoring this event next year or participating as a mentor for the speed mentoring sessions!

Contact Annie P. Kwong, Esq., at akwong@ qpwblaw.com.

he 6th Annual Central Florida Diversity and Inclusion Picnic took place on January 27, 2018 at Barry University in Orlando. More than 300 people attended the picnic, including seven local judges, more than 77 legal practitioners, and approximately 130 law students from five Florida law schools: Barry University Dwayne O. Andreas School of Law; Florida A&M University College of Law; Florida State University College of Law; Stetson University College of Law; and University of Florida Levin College of Law. Annie Kwong, Esq., an associate at Quintairos, Prieto, Wood & Boyer, P.A., was the event chair and organizer. She was assisted by co-chair, Onchantho Am, Esq., an associate at Southern Trial Counsel, PLC, and event promoter, Brandon Sapp, Esq., an associate at DSK Law. Attendees met and networked with lawyers, members of local bar associations, law firm representatives, and sponsors. Stefano Portigliatti, Esq., Portigliatti Law Group, PL, gave a standing-room-only presentation on personality styles,

with a focus on diversity beyond race and gender, and Orange County Bar Association president, Liz McCausland, Esq., and incoming Florida Bar president, John Stewart, Esq., spoke about the importance of diversity and networking in the legal profession. After a food truck lunch, attendees participated in a “speed mentoring” session, where students learned about the backgrounds and practice areas of the attorneys.

The organizers especially thank Barry University School of Law for use of its facilities; the Diversity Picnic Grant sponsor – The Florida Bar Diversity and Inclusion Committee; and the Orange County Bar Association.

Platinum Sponsors Business Law Section of The Florida Bar Orlando Legal The Florida Bar Young Lawyers Division Gold Sponsors Florida A&M College of Law Quintairos, Prieto, Wood & Boyer, P.A. Silver Sponsors Central Florida Association for Women

Lawyers Central Florida Bankruptcy Bar Association Community Legal Services of Mid-Florida Criminal Law Section of The Florida Bar First Green Bank Holland & Knight LLP Legal Aid Society of the Orange County Bar Association, Inc. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Public Interest Law Section of The Florida Bar Real Property, Probate, and Trust Law Section of The Florida Bar Themis Bar Review

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theBriefs March 2018 Vol. 86 No. 3

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ProfessionalismCommittee

ARE YOU SELLING YOUR PRACTICE?

continued from page 4

the legal profession reflects the society we serve – the good, the bad, and the ugly.

Today’s politicians and many constituents are caught up in labels – Republican, Democrat, conservative, liberal, winners and losers, etc. – which focus on our differences rather than our similarities. Has our current political environment made it acceptable to treat others like we are back on the elementary school playground? Or is our current political environment simply a symptom of a society that is lacking in the important attributes of honesty, dignity, integrity, and common courtesy (each of these characteristics are included in the Ideals and Goals of Professionalism adopted on May 6, 1990 by The Florida Bar Board of Governors)?

This past fall, I attended a parent coffee at my daughters’ school, and a mother who also happens to be a pediatrician told a school administrator in front of many other parents that she was going to “ride his butt.” On the Saturday before this past Christmas, I nearly was knocked down by a middle-aged, well-dressed woman at the Winter Park post office as I came out of the door because the door had just been locked, and she was attempting to enter after closing time. She did not say “excuse me” or “please hold the door for me” (or something similar that we might expect in a civilized community). Rather, she accused me of intentionally blocking the door as she tried to use all of her force to get between me and the door before it closed and locked her out again.

Is it unreasonable for us to expect honesty, dignity, human decency, and common courtesy in our leaders on both sides of the political aisle, our neighbors at the post office, other parents at our children’s schools, or our fellow lawyers on the other side of a client matter? I do not think so.

As I have grown older and hopefully wiser (and thanks to today’s twenty-four hour media coverage and social media which constantly highlight the societal troubles we face), I have realized that the world may not change during my lifetime. In the 1930s of Atticus Finch, in 1985 when I bought a new suit before I started law school, in 1994 when Judge Seitz wrote about the six pillars of character and continuing today, our country grapples with many of the same societal troubles and our profession struggles with its public image.

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dard than the public at large. If so, it starts with you and me.

In my opinion, one of the most important characteristics of professionalism goes back to something as simple as what the nuns taught me in grade school – the Golden Rule – “do unto others as you would have them do unto you.”7 I have tried to live my life and practice my profession according to the Golden Rule. My family and co-workers know that, like Atticus and Mother Teresa, I am not perfect. If each of us, however, strives to practice this basic principle, we actually might better our local bar, our profession, our community, our state, our country, and ultimately our world one step at a time.

If the definition of professionalism is simply that “I know it when I see it,” I am honored that some believe that I have practiced law and lived my life in a manner that makes me worthy of receiving this dis-

PAGE 30

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tinguished award. We practice in a tough profession where some might believe that obnoxious and overly aggressive behavior is rewarded. I hope that my nearly three decades of practice stand as an example that courtesy and respect are not signs of weakness. Lawyers can represent their clients effectively and still act with decency and honesty. I also hope that I have lived up to my mother’s expectations by not becoming “that kind of lawyer.”

Glenn A. Adams, Esq., serves as executive partner of the Orlando office Holland & Knight LLP and practices in the areas of corporate and tax law. He has been a member of the OCBA since 1997.

Rizzardi, 79 Fla. B. J., July/Aug. 2005, at 38.

George, 62 La. L. Rev. 467 (2002).

3 Shaffer, 42 U. Pitt. L. Rev. 181 (1981).

4 H. Lee, To Kill a Mockingbird (1960).

5 H. Lee, Go Set a Watchman (2015).

6 Seitz, 68 Fla. B. J., Feb. 1994, at 6.

7 Matt. 7:12.

1 2

theBriefs March 2018 Vol. 86 No. 3

YLS on the move

O

Jennifer A. Smith Thomas, Esq.

ur mantra this year is #wedomore, and here are some of the things we have been doing: On January 20, 2018, YLS hosted its second Charity Putt-Putt Tournament. This event included nine mini-golf holes at Sideshow, Bar B, Stagger Inn, Swiggs, Underground, Graffiti Junktion, Ferg’s Depot, and Hooch. All proceeds benefitted One Hope United, which provides an array of prevention, intervention, and community-based support programs, including adoption, foster care, foster parent training and licensing, family preservation, and in-home services as well as community mental health. Thanks to event co-chairs, Conner Kelly, Esq., and Arti Hirani, Esq., for putting together this successful and fun fundraiser. Congrats to Joey Chindamo, Esq., YLS secretary, on winning the tournament, and YLS treasurer, Andrew Roy, Esq., for counting the correct number of tees.

On January 26, 2018, YLS teamed up with the Orlando Chapter of the Federal Bar Association for another entry in our YLS Learns CLE series.

YLS members participated in a panel discussion with experienced federal practitioners on the pitfalls of federal court, featuring The Honorable Karla R. Spaulding, U.S. Magistrate Judge.

One hour of free CLE credit was provided to those who attended the event. Thanks to YLS CLE chair, Lauren Millcarek, Esq., for putting together another great YLS Learns.

On January 27, 2018, members of the OCBA and the YLS, as well as members of The Florida Bar Young Lawyers Division and representatives

of voluntary bar organizations throughout the state attended the Central Florida Diversity & Inclusion Picnic. The event was a huge success, with more than 300 attendees, food trucks, a DJ, mentoring tables, “Ask a Lawyer” tables, and interviewing opportunities. The event was put on by the OCBA Diversity Committee. A round of applause for the three YLS members who spearheaded the event: Annie Kwong, Esq., Onchantho Am, Esq., and Brandon Sapp, Esq. On February 16, 2018, our monthly luncheon took place at the Citrus Club. February’s speaker was Patti Savitz, Esq., from The Florida Bar. Patti spoke to our members about common mistakes that lawyers make that lead to grievances.

She also offered tips on ways to avoid a grievance and what to do if you ever receive a bar complaint.

YLS would like to extend special congratulations to our president, Keshara Cowans, Esq., who gave birth to two healthy twin girls!

Stay tuned for these upcoming YLS events: March 8: Evening with the Judiciary at the Orlando Museum of Art March 9: March Luncheon, with speaker Nyea Sturman, Esq., general counsel of the Orlando Magic March 15: St. Patty’s Day Happy Hour May 10: Book Fair at Washington Shores Elementary And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls Jennifer A. Smith Thomas, Esq., partner at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

Federal Practice Primer Seminar Steven Nauman, Esq. The Hon. Karla Spaulding Luis Gonzalez, Esq.

Charity Putt-Putt Tournament

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PAGE 31

‘em

14th Annual Texas Hold ‘em Charity Poker Tournament January 31, 2018 Ace Café Thank you to our sponsors: ♥ Milestone Reporting ♥ First Green Bank

♣ Tournament Winners: ♣ 1st Place: Tracy Stein 2nd Place: Hon. Luis F. Calderon 3rd Place: David Tehrani Top Female: Amy Calandrino Top Attorney: Hon. Luis F. Calderon Top Non-Attorney: Tracy Stein Turkey: Michael Barber, Esq.

PAGE 32

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theBriefs March 2018 Vol. 86 No. 3

SideBar

Alena V. Baker, Esq.

W

hile January and February have certainly had their fair share of chilly days, the cold weather did not stop our voluntary bar associations from bringing the heat. Here’s a peek at just how busy these voluntary bar associations have been in late January and throughout the month of February.

PCPBA The Paul C. Perkins Bar Association (“PCPBA”) recently held its annual Judicial Reception on January 25, 2018 at 310 Lakeside. This event was a great way for members to mingle with and thank our local Judiciary for all their hard work. PCPBA also co-hosted February’s OCBA luncheon, with guest speakers Representative Bobby DuBose, Democratic Leader Pro Tempore of the Florida House of Representatives, and Keith Salkowski, executive producer, national productions, for WUCF TV. Look for photos in the next issue of The Briefs!

CFACDL The Central Florida Association of Criminal Defense Lawyers (“CFACDL”) teamed up with the OCBA Criminal Law Committee to host a CLE on January 31, 2018 at the Sorosis Club. The CLE was organized in large part by assistant public defender Kimberlee Martin, Esq., who is on the board of both organizations. David Margolis Esq., who is the general counsel to the Orange County Clerk of Court, was the guest of honor and lead a very informative presentation on access to and preservation of court records.

CFACDL was also busy with its annual judicial poll. CFACDL conducts an annual evaluation of the judicial officers presiding over criminal cases in Central Florida. The poll is designed to accomplish the following objectives: 1) to provide detailed and constructive feedback to the judiciary to improve the quality of judicial administration in the criminal courts of Central Florida; 2) to inform the public as to the performance of its judicial officers and provide insight into the strengths and weaknesses of judicial administration in the criminal courts of Central Florida; and 3) to aid in both retaining and selecting to the bench, the most qualified judicial officers. It is CFACDL’s intent to accomplish these goals in a positive and constructive manner. Stay tuned for the results, which CFACDL will publish in April.

FBA The Orlando Chapter of the Federal Bar Association (“FBA”) started February off on the right foot with a chambers lunch featuring The Honorable Roy B. Dalton, Jr. The Chambers Lunch Series is an informal luncheon connecting members of the Federal Bar Association’s Orlando Chapter with the judges in the Orlando Division of the U.S. District

theBriefs March 2018 Vol. 86 No. 3

Court for the Middle District of Florida. The luncheon is a unique opportunity for FBA members to get to know the judges while networking with fellow practitioners in an informal, personal environment.

CFAWL On February 2, 2018, the Central Florida Association for Women Lawyers (“CFAWL”) held its second monthly luncheon of the year at the Citrus Club. A panel of tax professionals including Deirdre Fortune, tax partner and managing partner for KPMG in Orlando, and Cindy Price, certified financial planner of Price Financial Services, discussed everything lawyers need to know about the recent changes in tax law.

GOAABA The Greater Orlando Asian American Bar Association (“GOAABA”) helped welcome the “Year of the Dog” as it rang in the Lunar New Year by hosting a free happy hour on February 8, 2018 at Shari Sushi Lounge in Thornton Park. Complimentary drinks and hors d’oeuvres were served. Happy New Year, GOAABA! CFGALLA The Central Florida Gay and Lesbian Law Association (“CFGALLA”) held a happy hour at World of Beer on February 15, 2018. Guests of honor included several judges, and the event was free for members to attend.

George C. Young American Inn of Court On January 10, 2018, the George C. Young American Inn of Court presented the history and current workings of the Florida Constitution Revision Commission to the League of Women Voters of Orange County. The presentation consisted of a history of the Florida Constitution and changes to it since 1885, the adoption of the continuous constitution revision process, the composition of the commission and how it has changed over time, and amendments being considered by the current Constitution Revision Commission for placement on the November 2018 ballot. The presentation was well received and provided useful and timely information to the full house of attendees.

Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com.

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

www.orangecountybar.org

PAGE 33

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Order Your Orange County Courthouse Access Card Today New 2018–2019 Card Need to renew an existing card? Download an application from our website, send it in and we will use your existing photo. No need to come by – we will mail you your new card on Nov. 1.

First time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card. www.orangecountybar.org/cac Please contact Carolyn at 407-422-4551, ext. 245, or carolync@ocbanet.org.

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theBriefs March 2018 Vol. 86 No. 3

While everyone likes to catch the big fish,

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At Bounds Law Group, we don’t just accept your big cases. We know all clients with legitimate cases deserve representation. We are happy to work with your clients on Medical Malpractice cases, both big and small.

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theBriefs March 2018 Vol. 86 No. 3

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PAGE 37

OCBA Paralegal Section Seminar February 10, 2018 J. Cheney Mason, Esq.

Rosen Plaza Hotel

Book signing

Paul Pelton Paralegal Section President Eric Rosen, Esq.

Wendy Toscano, Esq.

PAGE 38 www.orangecountybar.org

theBriefs March 2018 Vol. 86 No. 3

ParalegalPost

Revved-up Recap

T Anne C. Fisher, FRP

he 2018 OCBA Paralegal Section Seminar, Race Ready – Winning Strategies for Your Practice, held at the Rosen Plaza Hotel on February 10, 2018, was a resounding success! The seminar offered 11 CLE credit hours, comprised of live hours and take-home, self-study credits hours.

Legal professionals from as far away as Jacksonville and West Palm Beach were in attendance, drawn in by fantastic presenters who offered valuable credits in technology, ethics, and civil trial practice areas. The attendees loved the “candy bar” sponsored by our Winner’s Circle Sponsor – the Maher Law Firm – and the “Race Ready” theme had everyone revved up for a great day.

Thank you Maher Law Firm for also sponsoring our Winner’s Circle raffle prize of tickets to the Daytona 500 for the weekend!

The day began with Eric Rosen, Esq., of Shutts & Bowen’s West Palm Beach office, who delivered a chilling lecture on cyber-crime and the dark web and how these issues affect the practice of law.

Attendees were put on guard, but learned valuable tools and counter-measures to take back to their firms (and families) to help fight this growing threat.

J. Cheney Mason, Esq., gave a thought-provoking and engaging presentation on the media’s presence in the courtroom. He instructed on media bias, jury pollution, and ethical considerations related to the media. Cheney stayed for a book signing of his book, Justice in America.

Capping off the morning session, Wendy Toscano, Esq., of Valencia College, found a humorous way to educate a room full of legal professionals on ethics violations. She explained the pitfalls of unethical conduct, recounting real-life cases that seemed almost pulled from the movies! Wendy was speaking to a friendly audience, as many in attendance were former or current Valencia College students. Wendy was an engaging speaker and everyone enjoyed her session, learning so much while having a few good belly-laughs.

After a fantastic buffet lunch (with decadent desserts), it was time to learn the most important as-

theBriefs March 2018 Vol. 86 No. 3

www.orangecountybar.org

pects of preparing for mediation and arbitration, with the dynamic Jay Fraxedas, Esq. Jay discussed the importance of early preparation in a case, as well as the power of narrative. He explained how important a strong and compelling narrative is to convincing an opponent to come to an early settlement rather than taking the story to a jury, with all the unpredictability and uncertainty a trail can bring. Jay showed how important it is to put a “soul” to the case data points and bring the facts and figures to life in a compelling way.

Later, Derrick Valkenburg, Esq., of Shutts & Bowen, offered a fun and playful look at postjudgment collection, complete with an impromptu pop-quiz – with prizes! Derrick was so kind to fill in for Eric Reed, Esq., who had been called away on business. We appreciated his stepping in and making the subject fun.

The day was capped off by Maria Breen, Esq., of SuitsOn Staffing. Maria discussed how to map out an inspired career plan, in alignment with core values, then execute the plan. Maria offered tips about what today’s employers value most and how best to showcase the skills, talents, and experience that bring value to the table.

In addition to the hours of live CLE credit, takehome CLE credit by William Umansky, Esq., Jamie Billotte Moses, Esq., Paul Morgan, Esq., and Paul Pelton, FRP, were included in this valuepacked all day experience.

The OCBA Paralegal Section truly appreciates all of its presenters, sponsors, and attendees for coming out to attend a seminar on legal issues on a beautiful Saturday in Central Florida. Without all of the support for the efforts of the Paralegal Section, this successful seminar would not have been possible. Thank you to all those who participated, in every way, to make the day a success and helped the legal community to “tune up” its skills at the Race Ready – Winning Strategies for Your Practice, 2018 Seminar.

Anne C. Fisher, FRP, is a paralegal with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. She has been a member of the OCBA since 2017.

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Hearsay...

The power of the lawyer is in the uncertainty of the law. – Jeremy Bentham

T Vanessa A. Braga, Esq.

he practice of law is never a certain thing. We prepare for hearings and trials with the expectation that it’ll be a home run for our client, but then our long drive heads into foul territory.

However, as uncertain as the practice of law is, I am sure about one thing: We have a fantastic membership here in the OCBA. Without further ado, here is this month’s “Hearsay.”

Honors and Awards Emery H. Rosenbluth Jr., Esq., of Broad and Cassel, received an inaugural Pro Bono Merit Award from the Ninth Judicial Circuit in honor of his commitment to the community. The award recognizes attorneys who have shown a commitment to their local community by providing significant pro bono legal assistance to people who could not otherwise afford legal counsel.

Courtney Keller, Esq., of Greenberg Traurig, LLP, was elected to the Commercial Real Estate Women (“CREW”) Orlando’s 2018 Board of Directors. CREW Orlando is the local chapter of the CREW Network, which was formed to attract the most powerful and influential professionals in the commercial real estate industry.

Megan Picataggio, Esq., of Ball Janik, LLP, was installed as president of the National Association of Women in Construction (“NAWIC”) Greater Orlando Chapter 73. The organization’s core purpose is to support women in the construction industry through professional development, business opportunities, community outreach, and mentoring programs.

Amanda Podlucky, Esq., of Marshall Dennehey Warner Coleman & Goggin, P.C., recently competed in the Florida BBQ Association’s “Pigz in Z’Hills BBQ & Blues Fest” contest for their ribs, pork, and brisket and placed fifth overall.

Community Involvement John Gihon, Esq., of Shorstein, Lasnetski & Gihon, served as a speaker on multiple panels at the 2017 Annual Conference for the Central Florida Chapter of the American Immigration Lawyers Association, including “A ‘How-To’ Guide on Applying the Categorial Approach” and “Prosecutorial Discretion & Beyond Under the Trump Administration.” He also provided training entitled: “An Afternoon on Immigration: Immigration Consequences for Criminal Prosecutions,” to the assistant federal defenders and members of the CJA panel for the Middle District of Florida.

Lawrence “Larry” M. Watson, Jr., Esq., of Upchurch Watson White & Max Mediation Group, spoke on mediation in public policy with guest presenter, State Senator Gary Farmer, in

PAGE 40 www.orangecountybar.org

two 75-minute sessions for the 25th Annual Conference of the Florida Dispute Resolution Center in Orlando.

Jamie Billotte Moses, Esq., senior counsel with Holland & Knight LLP, competed in her first Ironman competition, in which she ranked 34th of 123 competitors in her age group. She finished the 2.4 mile swim, 112 mile cycle, and 26.2 mile run in 13 hours and 16 minutes.

Bravo!

Ava Doppelt, Esq., of Allen, Dyer, Doppelt & Gilchrist, P.A., discussed changes coming for the European Union trademark at the National Docketing Association’s Annual Conference.

David W. Henry, Esq., a shareholder with Marshall Dennehey Warner Coleman & Goggin, P.C., presented “Mediation of Traumatic Brain Injury Cases” for the program “Traumatic Brain Injury Cases: Neurosurgeon and Attorney Perspectives,” sponsored by NBI in Orlando.

Janice L. Merrill, Esq., shareholder, and Chanel A. Mosley, Esq., associate, both with Marshall Dennehey Warner Coleman & Goggin, P.C., presented “EDs, EMRs & E-Discovery, Oh My! Addressing Related Concerns While Maintaining Optimal Provider Communication” at the Florida Society for Post-Acute and Long-Term Care Medicine’s Best Care Practices in the Post-Acute and Long-Term Care Continuum. The pair also presented a webinar on “Electronic Medical Records and E-Discovery Risk Management,” hosted by the Florida Society for Healthcare Risk Management and Patient Safety.

Achievements Dennis J. Wall, Esq., of Dennis J. Wall, Attorney at Law, P.A., has published three articles in Insurance Litigation Reporter, including: “Section 24 of the Law of Liability Insurance Restatement,” “Social Security Old-Age Insurance: IS There a Constitutional Right?” and “Secret Evidence and Sealed Court Files: Illustrated in Insurance Cases Opened to the Sunshine.” Congratulations!

On the Move Christina Alvarez, Esq., has joined éClat Law in Longwood as a partner and head of the firm’s family services practice.

Todd Pittenger, Esq., has joined the Orlando office of GrayRobinson as a shareholder, focusing on business litigation matters.

Diana Widjaya, Esq., has joined Walt Disney Park & Resorts as an associate principal counsel, handling operational and regulatory issues.

Jessica Hew, Esq., opened Hew Law, PLLC. Her practice areas include general civil and com

theBriefs March 2018 Vol. 86 No. 3

mercial litigation, as well as transactional support and real estate.

Lyzette SanGermain, Esq., has joined Orlando Mediation, a division of Orlando Legal, where she continues her practice as a federal, circuit-civil, family, and appellate court mediator.

Andrew A. Carlson, Esq., joined Kelley Kronenberg, P.A. His practice centers on first-party insurance defense and thirdparty insurance defenses.

Ashley K. Roof, Esq., and Christian N. Horde, Esq., have joined The Elder Law Center of Kirson & Fuller as associate attorneys.

Lionel Rubio, Esq., has rejoined Winderweedle, Haines, Ward & Woodman, P.A., in Winter Park in the real estate and land use practice area.

Casey Eldemire, Esq., has joined Fisher Rushmer, P.A., as an associate. His practice areas include personal injury and insurance defense.

Board of GovernorsReport continued from page 7

petition was filed with the Supreme Court on Monday, Jan. 29, case number SC18-158.

The Young Lawyers Division launched a Legal Accelerator website, a one-stop hub for advice on issues frequently faced by young lawyers. All Florida Bar members may benefit from the guidance provided. Log in to the Members Portal to access the site.

Important Links & Reminders Certificates of good standing may now be printed through the Members Portal under the “Additional Links” section. Log in to access and print certificates as needed. Contact Membership Records if additional assistance is needed: memberaddress@floridabar.org.

Discounts on products and services used by Florida Bar members every day are available at www.floridabar.org/memberbenefits with new benefits added frequently.

Follow The Florida Bar and many programs, sections and committees on social media for the news and information: FloridaBar. Org/SocialMedia.

As always, the “Hearsay” column is for you. Please feel free to send any news my way at vanessa.braga@qpwblaw.com. See you next month!

Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of nursing home and assisted living facility defense litigation, premises liability, and medical malpractice defense. She has been a member of the OCBA since 2014..

Watch new video segments on the Statewide Guardian ad Litem Program’s tapping of The Florida Bar Appellate Practice Section’s experience and expertise, the Florida Supreme Court’s new Beyond the Bench podcast, and the YLD’s Legal Accelerator on YouTube at FloridaBarNews.TV. Editors’ note: To see this report with clickable links, go to: https:// www.floridabar.org/about/bog/.

Ninth Judicial Circuit Board of Governors representatives: Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A.; and Julia L. Frey, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A. They have been members of the OCBA since 1987, 1986, and 1993, respectively.

Business Valuation  Forensic Accounting Divorce Consulting  Fraud Examination www.OrlandoBusinessValuation.com 407-716-4795 • tomg@gillmoreaccounting.com

2018

March 6, 2018

Basic Dissolution of Marriage for the Pro Bono Attorney, Part I

March 20, 2018

FSTs, IEPs, MDTs, Oh My! Meandering Through the Maze of Dependency Meetings

April 3, 2018

Great Expectations - What the Court Expects from GALs

April 17, 2018

Hope Springs Eternal – Finding Forever Families Through Dependency Court

May 8, 2018

Are You Sure This Is Going to Work? The Dependency System Demystified

May 22, 2018

Basic Dissolution of Marriage for the Pro Bono Attorney, Part II

June 5, 2018

Consumer Debt Collection and Garnishment

June 19, 2018

Not Your Typical Psychology Class: Understanding the Psyche of Parents in the Dependency System

PART 1 JAN - JUNE

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

ALL TRAININGS HELD AT Marks Street Senior Complex 99 East Marks Street Orlando, FL 32803 / Cypress Room theBriefs March 2018 Vol. 86 No. 3

www.orangecountybar.org

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION, INC. LUNCHTIME TRAINING NOON TO 1 P.M. FREE CLE / FREE LUNCH RSVP TO mcarbo@legalaidocba.org ctucker@legalaidocba.org merazmus@legalaidocba.org

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Legal Aid SocietyWhat We Do

Brown Bagging with the Bobs

continued from page 18

Winter Park’s favorites, Mr. Rogers, said: “Look for the helpers. You will always find people who are helping.”

Legal Aid provided a pro bono and staff attorney that helped. Not one but two serious problems in my life were resolved…by attorneys. Please meet the helpers in my life. Please meet my champions.

The Breakfast of Champions is the annual fundraiser for the Legal Aid Society of the Orange County Bar Association. To put on that event, we need table captains and event sponsors. The Eleventh Annual Breakfast of Champions will be held from 7:30 a.m. to 9:00 p.m., Thursday, November 8, 2018. Preparations are now underway. If you, or anyone you know, are interested in serving on the Breakfast of Champions committee, please contact Donna Haynes, development coordinator, at 407-515-1850, or boc@legalaidocba. org.

Donna A. Haynes is the development director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

March 12 & April 9

12:00 p.m.-1:00 p.m.

Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org Bring your lunch and pick up great practice pointers!

Legal Aid SocietyWhat We Do continued from page 20

and Melissa Paul of their own? I wonder if they have a Legal Aid attorney of their own? I ask you this, please do not make your neighbors wonder.

At the end of the day, I did not physically beat my children. I horribly neglected them and abandoned them as a mother. I accept responsibility for my past behaviors. I promise never again to hurt my children. Attorney David and Melissa Paul, and the attorneys at the Legal Aid Society, thank you for saving a life. I promise to make you proud.

As previously mentioned, Leigh Anne Vancol, Esq., read the words of Allie Goodpasture, the mother of our littlest clients.

PAGE 42 www.orangecountybar.org

With Leigh Anne’s help, Allie was able to successfully overcome her circumstances.

If you know non-lawyers who would be interested in volunteering with our littlest clients, please have them contact Mexcye Roberts, Esq., the Volunteer Advocate for Children Program director and GAL staff attorney. Mexcye may be reached at mroberts@legalaidocba.org. Lawyers seeking cases with children (GAL cases) may contact Janis Mason at jmason@legalaidocba.org.

For more information about the Breakfast of Champions or fundraising, please contact Donna Haynes at 407-515-1850, or fboc@legalaidocba.org.

Donna A. Haynes is the development director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

theBriefs March 2018 Vol. 86 No. 3

Solo & Small FirmCommittee continued from page 10

pointments; and (2) invest in case management software. I agree.

You should hire a good CPA to maintain your books and track your income as well. Down the road, you will need those numbers if you ever want to purchase anything on your business’ credit (e.g., an office building).

Administration It is true that solo and small firm attorneys can afford to take on fewer cases than their counterparts in government jobs or large firms. However, that is not to say we have more time on our hands.

If you work in a government job or a large firm, there are many things you do not need to deal with that we do. When I was a government employee and I needed more paper, I just went to filing cabinet where it was kept. How much it cost and how it got there, I had no idea. If I had any issues with my computer or printer, I just called the IT person. I had no idea about the cost of network switches, software licenses, and all other necessary hardware, let alone how much the IT person had to get paid. Now I do. All solo and small firm practitioners have to deal with the items below (and then some) on an ongoing and never-ending basis – all in addition to handling our current clients and marketing to attract new ones. Read the next paragraph if you are considering solo or small firm practice. It’s no joke and often overwhelming.

Office rent / mortgage payments; lease / purchase negotiations; hiring employees; CPA services; income taxes, employment taxes, property taxes, and accounting software; operating and trust accounts; credit card processing equipment and fees; premises liability insurance; security monitoring; professional liability insurance; workers’ comp insurance; health insurance benefits; dental insurance benefits; life insurance; Florida Bar dues; various association dues; state and municipal licenses; Westlaw and/ or Lexis Nexis; legal treatises; fire extinguisher maintenance; utilities and internet service providers; computers, printers, and scanners; networking / data sharing; offsite data backup; word processing and PDF software; case management software; design (website, logo, and stationery); search engine optimization; paper, toner, and other office supplies; surge protection; secure shredding; telephone system; VoIP / voicemail provider; answering service; IT support; office cleaning and maintenance; and pest and termite control.

Conclusion and Advice Making a good living as a solo or small firm practitioner is very doable even in today’s market. But, unless you are supported or come from money, it takes a lot of hard work.

The OCBA Solo & Small Firm Committee is dedicated to helping lawyers (1) succeed in private practice; (2) collaborate and share ideas and methods to improve existing practices; and (3) provide a positive and fun networking environment.

I know most young lawyers coming out of law school have a lot of student loans and it can seem impossible to make it in private practice. It is really tough out there and I feel you. Like a lot of us, I worked throughout law school and I still graduated with significant student loans. Like a lot of us, I never received any financial help from anyone. But I work hard and I genuinely care about my clients, my employees, and this profession. If you do the same, I believe you can run a successful solo practice or small firm.

My best advice to any young lawyer or aspiring solo or small firm practitioner would be this: put your family and your faith first, eat healthy and exercise, take care of your clients, be honest, work hard, always try to help others, and, above all, be humble and theBriefs March 2018 Vol. 86 No. 3

kind. I believe these are keys to success and happiness in life and private practice.

Thomas B. Feiter, Esq., B.C.S., is the chair of the Solo & Small Firm Committee. He owns and operates The Fighter Law Firm, P.A. in downtown Orlando and practices in personal injury and criminal defense. Tom is board certified in criminal trial law and serves as an officer in the U.S. Army JAG Corps Reserve. He has been a member of the OCBA since 2006.

MajorSeminars May 23

Immigration Law Committee Major Seminar – Help Wanted: Navigating Employment-based Categories and the Labor Certification Process. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). CLE: pending.

9:00 a.m. - 3:15 p.m. • OCBA Center Register by May 21 through the OCBA Store

See Announcements on page 45 for additional details.

Sup p ort th e o CB A! reCom m en d th iS CourSe!

Florida Notary Service Online Course • Fast, easy, convenient • Available 24/7 • Online instructions • Telephone support About this course: The Notary Public course and the Notary Public Commission Renewal course are sponsored by Florida Notary Services.

Register: www. orangecountybar.org

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

www.orangecountybar.org

PAGE 43

Ne w M e mbe rs Attorneys

Barry L. Miller

Associates

Daniel J. Cutitta

Michael A. Alao

I.J. Wesley Ogburia

Lourdes Santiago

Melissa G. Morales

Christa L. Childers

Daniel T. O’Keefe

Andrea Yang

Olivia Share

Jennifer T. Dane

Alexa M. Padilla

Brian A. Eves

Katie M. Pareja

Affiliates

Paralegal Student

Vaughn G. Glinton

Sabrina Ramirez

Laura Gutierrez

Karyna Lavrova

Stanley E. Johnson

Dulcy M. Reck

Embry J. Kidd

Hashi Richards

Law Students

Cynthia E. Lewis

Christina M. Russo

Jennell R. Loper

Andrew C. Searle

Jennifer E. Acosta Calderon

Brittany Trammell Smith

Congratulations to Members of the OCBA’s 100% Club Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.

20 or More Members

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

Winderweedle, Haines, et al.

10-19 Members

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

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

PAGE 44

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

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

fs March 2018 Vol. 86 No. 3

www.orangecountybar.org theBrie

Events Mar. 8 – Evening with the Judiciary. 5:30 p.m. -8:30 p.m. Orlando Museum of Art. Fees: $35 (OCBA members/solo/gov’t); $45 (private practice); $55 (non-members). Fees increase after Mar. 1, 2018. Register through the YLS area of the OCBA Store.

Mar. 13 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m.

Speaker: Paul C. Perkins, Jr., Esq. Members only. Free. Register by Mar. 12 through the OCBA Store.

Apr. 3 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m.

Speaker: Sen. Mel Martinez. Members only. Free. Register by Apr. 2 through the OCBA Store.

Apr. 7 – 4th Annual Law Day 5k. 7:30 a.m.-9:00 a.m., Lake Baldwin Park. For details, see the ad on page 13, or go to the OCBA website at www.orangecountybar.org/lawday5k.

May 1 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m.

Speaker: Meena Hirani, Esq., and Arti Hirani, Esq. Members only.

Free. Register by Apr. 30 through the OCBA Store.

Seminars Mar. 6 – Basic Dissolution of Marriage for the Pro Bono Attorney, Part I. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m.

Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: (pending). Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Mar. 7 – Recent Changes to Business Court in the Ninth Judicial Circuit and the Current State of the Business Court. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center.

CLE: 1.0 (pending). Fees: Free (OCBA members/gov’t/student); $15 (non-members). Speaker: The Hon. Julie O’Kane. Lunch sponsored by US Legal Support. Register by Mar. 5 through the OCBA Store.

Mar. 9 – Public Employment Relations Commission Update.

Labor and Employment Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Speaker: Marc A. Sugerman, Esq. CLE: 1.0 (pending). Register by Mar. 7 through the OCBA Store.

Mar. 12 – Dos and Don’ts of Closing Arguments. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conference Room. Speakers: The Hon. Bob LeBlanc and The Hon. Bob Egan. RSVP to Cindy Brown at ctjacb1@ ocnjcc.org.

Mar. 12 – To Deed, or Not to Deed, Lady Bird is the Question.

Estate, Guardianship & Trust Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. Fees: Free (OCBA members/gov’t/students); $15 (non-members). CLE: 1.0 (pending). Speakers: Joseph M. Percopo, Esq., and Amber Jade F. Johnson, Esq. Register by Mar. 10 through the OCBA Store.

Mar. 13 – Technology Committee Seminar. Details to come.

Fees: Free (OCBA members/gov’t/students); $15 (non-members).

Register by Mar. 11 through the OCBA Store.

Mar. 16 – A Year in Trial – Part 5: Evidence: OBJECTION! You’re Doing it Wrong – The Quirks and Nuances You Need to Know. Family Law Committee Seminar. 12:00 p.m.-1:00 p.m.

OCBA Center. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Speakers: The Hon. Diana M. Tennis and The Hon. Mark S. Blechman. CLE: 1.0 general (approved), 1.0 civil trial certification credit (approved). Sponsored by: K. Mitchell Team.

Register by Mar. 14 through the OCBA Store.

Mar. 20 – FSTs, IEPs, MDTs, Oh My! Meandering Through the Maze of Dependency Meetings. LAS Lunchtime Training.

12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Mexcye Roberts, Esq., and Teresa Burt, CBC. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Apr. 3 – Great Expectations – What the Court Expects from GALs. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending).

Speakers: The Hon. Daniel Dawson and Samar Sultan. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Apr. 9 – Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m.

Orange County Courthouse, 23rd Floor Conference Room. Speakers: TBD. RSVP to Cindy Brown at ctjacb1@ocnjcc.org.

Apr. 12 – “I, Do” – Intake and Interview Process of a Marriage-based Petition and Application. Immigration Law Committee Seminar 12:00 p.m.-1:00 p.m. OCBA Center. Fees: Free (OCBA members/gov’t/students); $15 (non-members). Speaker: Nayef Mubarak, Esq. CLE: 1.0 (pending). Register by Apr. 10 through the OCBA Store.

Apr. 17 – Hope Springs Eternal – Finding Forever Families Through Dependency Court. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Hannah Farber, Esq., Rebecca Gonzalez, and Yolanda Demont. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Apr. 20 – Family Law Committee Seminar. Details to come.

Fees: Free (OCBA members/gov’t/students); $15 (non-members).

Register by Apr. 18 through the OCBA Store.

Apr. 27 – 2018 OCBA Bench Bar Conference. Registration: 7:30 a.m. Program: 9:00 a.m.-5:30 p.m. Hyatt Regency Hotel Orlando International Airport, 9300 Jeff Fuqua Blvd., Orlando, FL 32827.

CLE: Up to 6.0. $300 (OCBA members); $200 (government); $325 (non-members). Fees increase for on-site registrations (excluding government). Topics in: appellate; bankruptcy; business; criminal; estate, guardianship & trust; employment; family; immigration; and personal injury/insurance. See the ad on page 12.

For curriculum, see the OCBA website at www.orangecountybar. org/benchbar. Register by April 25 through the OCBA Store.

May 8 – Are You Sure This is Going to Work? The Dependency System Demystified. LAS Lunchtime Training. 12:00 p.m.1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Bethanie Barber, Esq., Katie Pareja, Esq., and The Hon. Howard Friedman. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

May 22 – Basic Dissolution of Marriage for the Pro Bono Attorney, Part II. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m.

Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803.

CLE: (pending). Speakers: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

May 23 – Help Wanted: Navigating Employment-based Categories and the Labor Certification Process. Immigration Law Committee Major Seminar. 8:30 a.m.-3:15 p.m. OCBA Center. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (nonmembers). CLE: pending. Speakers: Deborah Townsend, Esq., Ramachandran Balaraman, Esq., and Lisa Khan, Esq. register by May 21 through the OCBA Store.

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

An n o unce ments

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CLASSIFIED ADS EMPLOYMENT Fast paced Insurance Defense Firm located in Maitland, FL is searching for a Legal Assistant. The firm handles first party property/ liability coverage issues.

Insurance defense and strong litigation experience preferred.

Please send all inquiries to the jmccallister@rocklawpa.com BI Attorney Needed: Established insurance defense law firm seeks trial attorney with 7+ years of trial practice experience. The candidate must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very lucrative compensation package is available for the right person.

Send resumes to mheaberlin@ gobelflakes.com.

Health attorney for small law firm concentrating on physicians & health professionals in the N.W.

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

Orlando area. Civil litigation, your resume to Judy Ellis at admin litigation, or healthcare jellis@dsklawgroup.com. experience a plus. Must be OFFICE SPACE/SALE/RENT/ self-starters, & have excellent LEASE academic credentials. Admin law, health law, litigation or OFFICE SPACE AVAILABLE contract law experience helpful. FOR RENT. Close to Downtown Fax to (407) 331-3030 or email Orlando. Easily accessible with TMesibov@TheHealthLawFirm. free parking. Conference and com. NO TELEPHONE CALLS, kitchen facilities. Copier/fax available. Reception area. Please PLEASE. call John Pierce at (407) 898DSK Law is looking for a 4848.

Florida licensed attorney with 2 to 5 years of civil litigation LAW OFFICE WITH experience for its Orlando SECRETARIAL OFFICE: Lk office. The attorney will Highland Prep area. Completely primarily focus on insurance Renovated/Updated Old House defense litigation. A successful (Circa 1926), HARDWOOD candidate should be able FLOORS/WOOD TRIM – MUST to handle multiple cases, SEE Copier & fax. First Month communicate well with the Free. Parking included.

(407)648-1500. firm’s clients, write effectively, and be engaged in trial work.

Office space available.

We are seeking motivated East Jefferson Street. Include individuals who are looking to internet, fax and copier. 407grow with the firm. We offer a 843-4310. comprehensive compensation Office space available package, to commensurate 1515 E. Livingston. Free with your experience and standing building, 3 offices, accomplishments. Please send reception and free parking.

www.orangecountybar.org

$1500/mo. Unfurnished, $1600/ mo. Furnished. Contact Jessica Travis at jessicatravispa@gmail. com.

Downtown office available. 11th floor. Views of Lake Eola and downtown.

Ample parking. Includes secretarial stations with receptionist, telephone, internet, copier. Please call 407792-1285.

WINTER PARK. Ultimate solo practitioner office space. Brand new building. www.village1101. com Inquiries: 407-929-3598.

OFFICE SPACE AVAILABLE. Lake Highland area up to 3,048 square feet, free ample lot parking, two covered parking spots, short term and long term options. Please call 407-4223017.

Downtown Office Space: 2 furnished offices with receptionist and internet; 2 blocks from courthouse.

Contact Debbie@yergeylaw. com or 407-843-0430 ext. 307.

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OCBA Calendar

MARCH - APRIL - MAY

March

6

Law Day 5k Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training Basic Dissolution of Marriage for the Pro Bono Attorney, Part I 12:00 p.m. • Marks St. Senior Ctr.

7

Business Law Committee Seminar Recent Changes to Business Court in the Ninth Judicial Circuit and the Current State of the Business Court

12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

8

Social Security Committee Meeting 12:00 p.m. • OCBA Center Evening with the Judiciary 5:30 p.m. • Orlando Museum of Art

9

YLS Luncheon 11:30 a.m. • Citrus Club Labor & Employment Committee Seminar Public Employment Relations Commission Update 12:00 p.m. • OCBA Center

12

Estate, Guardianship & Trust Committee Seminar To Deed, or Not to Deed, Lady Bird is the Question 12:00 p.m. • OCBA Center Brown Bagging with the Bobs Dos and Don’ts of Closing Arguments 12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm.

13

Member Perks Speaker Series Paul C. Perkins, Jr., Esq. 8:00 a.m. • OCBA Center Law Week Committee Meeting 12:00 p.m. • OCBA Center Technology Committee Seminar TBD 12:00 p.m. • OCBA Center

14

Lawyers Literary Society 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm.

Committee Meeting 1 5 ADR

12:00 p.m. • OCBA Center 16 Family Law Committee Seminar

A Year in Trial – Part 5: Evidence: OBJECTION! You’re Doing it Wrong – The Quirks and Nuances You Need to Know 12:00 p.m. • OCBA Center

20

Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training FSTs, IEPs, MDTs, Oh My! Meandering Through the Maze of Dependency Meetings 12:00 p.m. • Marks St. Senior Ctr.

April 19, 2108

Co-hosted by the Law Week Committee 11:30 a.m.-1:00 p.m.

The Ballroom at Church Street RSVP by April 16, 2018 orangecountybar.org/store Supporting Sponsors: First GREEN Bank, LexisNexis, and Orange Legal

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

12

Immigration Law Committee Seminar “I, Do” – Intake and Interview Process of Marriage-based Petition and Application 12:00 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center

17

Solo & Small Firm Appellate Law Committee Committee Meeting Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • Lowndes, Drosdick, LAS Lunchtime Training Doster, Kantor & Reed, P.A. Hope Springs Eternal – Social Committee Meeting Finding Forever Families 12:00 p.m. • OCBA Center Through Dependency Court 12:00 p.m. • Marks St. Senior Ctr. Bankruptcy Law Committee Meeting Appellate Law Committee 12:00 p.m. • OCBA Center Meeting 12:00 p.m. • Lowndes, Drosdick, April Doster, Kantor & Reed, P.A. Member Perks Speaker Series OCBA Law Week Luncheon Sen. Mel Martinez 11:30 a.m. • The Ballroom at 8:00 a.m. • OCBA Center Church Street Law Day 5k Committee ADR Committee Meeting Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center YLS Luncheon Law Week Committee 11:30 a.m. • Citrus Club Meeting Family Law Committee 12:00 p.m. • OCBA Center Seminar Professionalism Committee TBD Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Social Committee Meeting LAS Lunchtime Training 12:00 p.m. • OCBA Center Great Expectations – What the Bench Bar Conference Court Expects from GALs 12:00 p.m. • Marks St. Senior Ctr. 7:30 a.m. • Hyatt Regency Hotel Orlando Int’l Airport Business Law Committee Meeting May 12:00 p.m. • OCBA Center Member Perks Speaker Series Meena Hirani, Esq. and Arti 4th Annual Law Day 5k Hirani, Esq. 7:30 a.m. • Lake Baldwin Park 8:00 a.m. • OCBA Center Estate, Guardianship & Professionalism Committee Trust Committee Meeting Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Brown Bagging with the Bobs Business Law Committee TBD Meeting 12:00 p.m. • Orange County 12:00 p.m. • OCBA Center Courthouse, 23rd Flr. Conf. Rm.

21 2 7 30

18

3

19 20 2 4 27

4

1

7 9

2

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

1 0 Literary Society 11 Lawyers

12:00 p.m. • OCBA Center

Veterans Committee Meeting 12:00 p.m. • OCBA Center

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

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Veterans Committee Meeting 12:00 p.m. • OCBA Center

OCBA Law Week Luncheon

Technology Committee Meeting 12:00 p.m. • OCBA Center

8

Technology Committee Meeting 12:00 p.m. • OCBA Center

9

Lawyers Literary Society 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:00 p.m. • Orange County Courthouse, 23rd Flr. Conf. Rm. Elder Law Committee Meeting 12:00 p.m. • OCBA Center Veterans Committee Meeting 12:00 p.m. • OCBA Center

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

11

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

14

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

15

Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center

16

Appellate Law Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

17

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

18

Family Law Committee

Meeting 12:00 p.m. • OCBA Center

22

Social Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training Basic Dissolution of Marriage for the Pro Bono Attorney, Part II

12:00 p.m. • Marks St. Senior Ctr. Immigration Law Committee Major Seminar Help Wanted: Navigating

Employment-based Categories and the Labor Certification Process 9:00 a.m. • OCBA Center OCBA Installation Luncheon 11:30 a.m. • The Ballroom at Church Street

23

24

Bankruptcy Committee 25 Meeting

12:00 p.m. • OCBA Center LAS Lunchtime Training Memorial Day Are You Sure This is Going to Work?

The Dependency System Demystified OCBA Offices Closed 12:00 p.m. • Marks St. Senior Ctr.

www.orangecountybar.org

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