A Publication of the Orange County
Bar Association
Lisa Gong Guerrero, Esq.
Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award
The Honorable Lisa T. Munyon James G. Glazebrook Memorial Bar Service Award
Suzanne E. Gilbert, Esq. William Trickel, Jr. Professionalism Award
Inside this Issue: President’s Message Celebrating the Women of OCBA LaShawnda K. Jackson, Esq.
March 2021 Vol. 89 No. 3
Chief’s Column Let’s Work Together to Finish the Job! The Honorable Donald A. Myers, Jr.
Business Law Committee Will COVID-19 Get Me Out of This Deal? Contract Excuses in the Pandemic Era Robyn M. Kramer, Esq. Legal Aid Society Teaching Tips The Violence Against Women Act Saves Lives Ana Bernal Roberts, Esq.
WHEN IT MATTERS. Catastrophic car and truck crashes. Traumatic Brain Injury. Medical Malpractice. Insurance Bad Faith.
Ken McKenna Trial Attorney
dwklaw.com | 407.244.3000 kmckenna@dwklaw.com
theBriefs March 2021 Vol. 89 No. 3
www.orangecountybar.org
PAGE 1
the Briefs
Contents 3
14
President’s Message Celebrating the Women of OCBA LaShawnda K. Jackson, Esq.
Editor Robyn M. Kramer
Legal Aid Society Teaching Tips The Violence Against Women Act Saves Lives Ana Bernal Roberts, Esq.
4
Clerk’s Corner Ensuring Access to Critical Services for Orange County The Honorable Tiffany Moore Russell
5
OCBA Luncheon Law Day 2021: Advancing the Rule of Law NOW
Associate Editors Karen L. Middlekauff & John M. Hunt Hearsay Columnist Linnea M. Eberhart
15
YLS on the Move Kimberlee A. Martin
Legal Aid Society What We Do... Thinking of Taking a Guardian ad Litem Case? Resources Are Available to Pro Bono Guardian ad Litem Attorneys – We Are Here to Help! Ronnie Syme, Esq.
SideBar Alena V. Baker
w OFFICERS LaShawnda K. Jackson, President Eric C. Reed, President-elect Karen L. Persis, Treasurer Amber N. Davis, Secretary
19
Voluntary Bar News SideBar Alena V. Baker, Esq.
7
Professionalism Committee OCBA 2021 Professionalism Awards Recipients The Honorable Lisa T. Munyon Suzanne E. Gilbert, Esq. Lisa Gong Guerrero, Esq.
21
w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Jennifer Smith Thomas Jessica A. Travis William D. Umansky M. Ryan Williams Anthony F. Sos, Ex-officio Brandon M. Sapp, YLS President
Young Lawyers Section News YLS on the Move Kimberlee A. Martin, Esq.
9
Chief’s Column Let’s Work Together to Finish the Job! The Honorable Donald A. Myers, Jr.
10
Business Law Committee Will COVID-19 Get Me Out of This Deal? Contract Excuses in the Pandemic Era Robyn M. Kramer, Esq.
11
23
Paralegal Post Cultivating Friendships to Improve Your Professional and Personal Paralegal Life Nancy L. Jordahl, ACP, FRP, FCP
26
Classifieds
28 Calendar
New Members
12
w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull
Construction Law Committee Here We Go Again: Developer Friendly Politicians Once Again Try to Tinker with Consumer Protection Legislation Patrick C. Howell, Esq.
880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551
DEADLINE INFORMATION
Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2021 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Florian Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968
PAGE 2
©2021
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
President’sMessage
March 2021
Celebrating the Women of the OCBA
A
long with March Madness and the spring season, March brings us Women’s History Month. Women’s History Month is a dedicated month to reflect on the often-overlooked contributions of women in history. The efforts to formally recognize women in American history started with a weeklong celebration of women’s contributions to culture, hisLaShawnda K. Jackson, Esq. tory and society organized through the school district in Sonoma, California. In 1980, President Jimmy Carter issued the first presidential proclamation for “Women’s History Week.” While a later presidential proclamation extended the celebration to a month, President Carter’s words acknowledging the need to celebrate women still rings true: “[t]oo often the women were unsung and sometimes their contributions went unnoticed. But the achievements, leadership, courage, strength and love of the women who built America was as vital as that of the men whose names we know so well.” The year after this proclamation, the Orange County Bar Association had its first female president in its then 48-year history – Judge Patricia C. Fawsett. This month, I would like to take the time to recognize the unsung, female past presidents of the OCBA: Hon. Patricia C. Fawsett (1981-1982) Hon. Maura T. Smith (1995-1996) Mayanne Downs (1997-1998) Julia J. Frey (2000-2001) Mary Ann Morgan (2001-2002) Kristyne E. Kennedy (2012-2013) Jamie Billotte Moses (2015-2016) Elizabeth F. McCausland (2017-2018) These women went on to become federal and state court judges, Florida Bar leaders, presidents or leaders of other organizations and committees and even my own personal presidential advisors. The achievements, leadership, courage and strength of these women who helped build the OCBA are as vital to the OCBA as the men whose names we know. Their commitment and dedication to the OCBA has never wavered. Not a week goes by without me hearing from one of these women with information to share with our membership, advice and sometimes just encouragement. To these women who have helped build the OCBA into the great organization that it is, I want to say thank you! You all not only paved the way for me and all the female presidents to come, but your continued engagement and support of the OCBA is inspiring. It has been both a pleasure and a privilege to follow in your footsteps. theBriefs March 2021 Vol. 89 No. 3
OCBA female past presidents and Executive Council members at the 2019 Past Presidents dinner. Back row, left to right: Kristyne Kennedy, Amber Davis, Karen Persis, Jessica Travis, Jill Davis, Hon. Maura T. Smith, Julia Frey, Kate Hollis. Front row, left to right: Liz McCausland, Jamie Billotte Moses.
In addition to the past presidents, I would like to also thank the women in OCBA leadership positions. From the OCBA Foundation to the Executive Council and YLS Board to the various committees, your hard work and dedication have not gone unnoticed. Speaking of women, did anyone notice that all three recipients of the 2021 Professionalism Awards are women? Congratulations to Judge Lisa T. Munyon, Suzanne Gilbert and Lisa Gong Guerrero. We hope that you will join us for the OCBA Professionalism Awards Virtual Ceremony on March 25, 2021, from Noon to 1:00 p.m. via Zoom as we celebrate these great women of the OCBA. In the words of the late Justice Ruth Bader Ginsberg, “[w]omen belong in all places where decisions are being made….It shouldn’t be that women are the exception.” I am grateful that the OCBA adheres to those words and for all the women who stepped up to take a seat at the table where the decisions are made. To the OCBA men, we appreciate your support and we love you too! Please take care of yourselves and each other. See you soon! LaShawnda K. Jackson, Esq., is a partner at RumbergerKirk, practicing in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.
www.orangecountybar.org
PAGE 3
Clerk’sCorner Ensuring Access to Critical Services for Orange County
T
he Florida Clerks of Court including my Orange County offices, provide necessary services that have a positive impact on our communities. From processing injunctions that protect vulnerable populations to ensuring timely access to records, we are at your service. However, the way these services are funded – by fines, fees, and court costs – is inadequate. The current system doesn’t account for other duties that don’t generate revenue. Today, with declining budgets, increasing workloads, and no ability to carry reserves – the system just doesn’t work. When our revenues decrease – like it has during COVID-19 – YOUR public services suffer. Many Clerks of Court have been forced to reduce office hours and cut staff, leading to delays in critical services. In Orange County,
I had to seek emergency funding from the county to keep from closing offices and furloughing or laying off employees last year. The good news is that together with your support, we can fix the issue. The Florida Clerks of Court and Comptrollers are rallying behind what is being called the At Your Service priorities to begin the process of fixing the system. This year, we are seeking to work with the legislature on a few key solutions: • Better stability by authorizing Clerks to carry responsible, statewide reserves to help plan for emergencies such as COVID-19. • Improved procedures that allow Clerks to submit funding requests for deficits and services that fall outside normal revenue streams and carry forward revenues from year to year. • More payment options to encourage timely fulfillment of financial obligations and help reduce driver license suspensions. How can you help? Please reach out to your local legislators and ask them to support the Clerk’s Service Stabilization Bill to ensure we continue to offer access to critical services for you and all Floridians. To learn more, please go to WWW.FLclerks.com/ atyourservice. The Honorable Tiffany Moore Russell, Orange County Clerk of Courts, has been a member of the OCBA since 2004.
7th Annual Law Day 5K Saturday, April 24, 2021 7 a.m. to noon Lake Baldwin Park, Orlando
2380 Lake Baldwin Lane, Orlando, FL 32814
SPONSORSHIPS AVAILABLE! Contact Ursla Gallagher at urslag@ocbanet.org To register: https://bit.ly/2021lawday5k / $25 / Registration opens Jan. 1, 2021
PAGE 4
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
OCBA LuncheonThursday, April 22, 2021 The rule of law is the bedrock of American rights and liberties – in times of calm and unrest alike. The American Bar Association’s 2021 Law Day theme – Advancing the Rule of Law, Now – reminds all of us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice. Please join us as we acknowledge the work of outstanding students, parents, and community leaders during our annual Law Week Luncheon, hosted by the OCBA’s Law Week Committee. Law Week at the OCBA spans several months and includes Big Bad Wolf Mock Trials, Pathways in Law, A Day in the Life of a Judge, a Poster and Speech Contest, the presentation of the Liberty Bell Award to a community leader, the Liberty Shield Award to a first responder, the Liberty Apple Award to a teacher, and a Naturalization Ceremony. Some of these activities were modified and/or postponed this year due to COVID-19.
OCBA Law Week Virtual Luncheon Thursday, April 22, 2021
12:00 p.m. – 1:00 p.m. Virtual on Zoom Co-host: OCBA Law Week Committee
Supporting Sponsors: Florida Lawyers Mutual Insurance Company LexisNexis Seacoast Bank
Please RSVP by Monday, April 19, 2021 www.orangecountybar.org/store RSVPs and CANCELLATIONS will not be accepted after April 19. To cancel, contact Stephanie Sadi at stephanies@ocbanet.org
Special Counsel Universal Property & Casualty Insurance Company
theBriefs March 2021 Vol. 89 No. 3
www.orangecountybar.org
PAGE 5
PAGE 6
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
ProfessionalismCommittee
T
OCBA 2021 Professionalism Awards Recipients
he Orange County Bar Association strives to increase the civility and professionalism of its members by offering seminars, writing articles for The Briefs, and reaching out to local law schools, elementary, middle, and high schools and the community at large with activities that promote the profession and our system of justice. Through our annual professionalism awards, we recognize three members of the legal community whose practice, services, professionalism, ethical conduct, demeanor, and high moral standards best embody the qualities we all seek to emulate. The OCBA is proud to announce the following individuals as this year’s awards recipients. The Honorable Lisa T. Munyon
2021 James G. Glazebrook Memorial Bar Service Award The Honorable Lisa T. Munyon was was appointed to the Circuit bench in 2003 and has since served as an administrative judge in the criminal, civil, and domestic divisions. She currently serves as Circuit Judge, Orange County Probate/Trust, in the Ninth Judicial Circuit Court of Florida. Judge Munyon’s legal career spans over 30 years. She served as assistant state attorney for ten years before going into private practice in the areas of criminal law, domestic relations, and dependency. She is Board Certified in Criminal Trial Law. She has been praised for her collaborative work with the Clerks of Courts across the state of Florida, and has been a visiting associate judge on the Fifth District Court of Appeal on five different occasions. In 2020 Judge Munyon was appointed to chair the Workgroup on Continuity of Court Operations During and After COVID-19 by Florida Supreme Court Chief Justice Charles T. Canady. In addition, Judge Munyon has also chaired the Florida Courts Technology Commission since 2012. Judge Bob LeBlanc remarked that Judge Munyon was integral in helping to achieve The Florida Supreme Court’s goal for “better public access, creation of electronic records, establishing technology standards and creating procedures to implement the Florida Supreme Court’s goal of integrity throughout the systems used.” The Central Florida Association for Women Lawyers (CFAWL) nominated Judge Munyon for her dedication to professionalism both in and out of the courtroom. As Judge Alice L. Blackwell wrote in her letter of recommendation, “In our legal community and across the state, Judge Munyon is acknowledged and recognized for her intellectual prowess, her fairness, and the theBriefs March 2021 Vol. 89 No. 3
Suzanne E. Gilbert, Esq.
Lisa Gong Guerrero, Esq.
2021 William Trickel, Jr. Professionalism Award Suzanne E. Gilbert, Esq., has been practicing law in Central Florida for over 24 years. She currently practices in the areas of financial and real estate litigation, business litigation and creditors’ rights at Holland & Knight’s Orlando office. Since 2007, Ms. Gilbert has served as the practice group leader for Holland & Knight’s Central Florida Litigation Group. She has also served as the Orlando office coordinator for Holland & Knight’s Women’s Initiative Group, a program aimed at enhancing opportunities for female attorneys. She has received numerous awards including being named in the Orlando Business Journal’s Women Who Mean Business (2019), Florida Legal Elite Hall of Fame by Florida Trend magazine (20162020), and Florida Super Lawyers magazine (2010-2020). Judge Fredrick J. Lauten (Ret.) remarks that, “As a judge, I knew when Suzanne appeared before me, that I would benefit from a thoughtful, well researched, well prepared argument. I also knew she would never mislead me on the applicable caselaw or misstate facts, whether they benefited her side or not.” Ms. Gilbert has served on the Ninth Judicial Circuit Professionalism Panel for over 5 years, furthering the professionalism of the local bar by participating in the investigation of complaints filed within the panel. She also serves on the board of the Legal Aid Society of the OCBA and has represented the OCBA in the American Bar Association’s House of Delegates for the last ten years. In the community, Ms. Gilbert has been actively involved in organizations focused on the arts and sports in Central Florida, serving on the board of the Orlando www.orangecountybar.org
2021 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Ms. Gong Guerrero has spent her entire legal career in the State Attorney’s Office and is currently the County Court Bureau Chief, managing the day-to-day operations for the County Court Bureau. She also serves as a mentor, trainer, and supervisor for new prosecutors joining the State Attorney’s Office. As Annie Kwong, Esq., describes, “Whether in her position in the State Attorney’s Office, or her desire to help mentor and lead others to better themselves, her impact is far reaching and transcends to others who have the privilege to work alongside her.” Ms. Gong Guerrero was a founding member of the Greater Orlando Asian American Bar Association (GOAABA), a voluntary bar association that advances the interests of Asian-American legal professionals. She has been very active in the OCBA, having served as Chair of the OCBA’s Criminal Law Committee and Technology Committee, and is presently a member of the OCBA Executive Council and Chair of the OCBA Membership Committee. She is Board Certified in Criminal Trial Law and was honored by Florida Trend magazine as a Legal Elite in the area of Government & Nonprofit Attorneys (2014, 2016-2017). She is a Class II Fellow of The Florida Bar Wm. Reece Smith, Jr. Leadership Academy. Ms. Gong Guerrero received her bachelor of science in decision and information science from the University of Florida, and her juris doctor from Barry University School of Law.
continued page 8
PAGE 7
Professionalism Awards continued from page 7
The Honorable Lisa T. Munyon excellence she brings to the bench. She is unfailingly prepared for court, having read the applicable pleadings and being completely ready for the legal argument before her. She listens with an open mind, and she rules promptly, often taking the time to write lengthy opinions to explain the bases for her rulings on a complex or unique legal matter.” Judge Munyon has served on the Florida Bar Grievance Committee (1995 -2003), the Florida Conference of Circuit Judges Education Committee (2007- present), Suzanne E. Gilbert, Esq. Shakespeare Theater, including a two-year term as its president. In addition, she has served on the executive board of the Greater Orlando Sports Commission. Liz McCausland, Esq., mentions another example of her community service when “she served on the Homelessness and Criminal Justice System Subcommittee to look at the effects of homelessness on our judicial system.” Ms. Gilbert received her bachelor of arts in political science from Duke University, and her juris doctor from the University of Florida.
and the Florida Supreme Court Committee on Standard Criminal Jury Instruction (2005-2010), and the Florida Supreme Court Committee on Standard Jury Instructions – Business and Contract Cases (2014 - present). She is currently faculty at the Florida College of Advanced Judicial Studies and presents and instructs on a variety of topics. She has also been active
in the OCBA and the Legal Aid Society of the OCBA as a Guardian ad Litem and serving in the OCBA Citizen’s Dispute Mediation Program. Judge Munyon received her bachelor of science in business administration from the University of Florida, and her juris doctor from the University of Florida.
Thursday, March 25, 2021 12:00 – 1:00 p.m. Please join us in honoring the recipients of this year’s professionalism awards.
The Honorable Lisa T. Munyon James G. Glazebrook Memorial Bar Service Award
Suzanne E. Gilbert, Esq. William Trickel, Jr. Professionalism Award
Lisa Gong Guerrero, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Keynote Speaker: Dori Foster-Morales, Esq., The Florida Bar President We invite all OCBA members to attend this special virtual event. Attendance during the remarks provides 1.0 CLE, including 1.0 ethics, pending.
Register in the OCBA Store. (Reminder: There will be no OCBA Luncheon in March.)
LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION
Lunchtime Training • legalaidocba.org
Mar. 9, 2021
Shedding Light on how Guardian Advocacy Can Reflect an Individual’s Ability to Make Decisions • Larri Thatcher, Deputy Director, Pro Bono Coordinator with Catherine Davey. Learn the difference between Guardianship of the person and Guardian Advocacy.
Mar. 23, 2021
GAL – Education Advocacy for Dependent Children • Hannah Farber, Staff Attorney Learn how GALs can advocate for appropriate school placements, general and special education services for children involved in dependency proceedings.
Apr. 6, 2021
Where the Heart Is – Defending Against Eviction Actions • Camilo Parra, Housing Attorney Learn how to identify and assert defenses to eviction actions for residential tenants and mobile homeowners, and where there is no defense how to provide a complete and well-rounded consult.
Apr. 20, 2021
GAL – May the Force Be With You – Your Child Welfare TPR Team • Kavita Sookrajh GAL Program Staff Attorney & Kirsten Teany- CLS Attorney Learn how to advocate for Dependent Children at Termination of Parental Rights Hearings
PAGE 8
www.orangecountybar.org
DUE TO COVID-19 ALL TRAININGS ARE PRERECORDED AND ADDED TO OUR WEBSITE @ www.legalaidocba.org Please feel free to email Marilyn Carbo at mcarbo@legalaidocba.org or Michelle Erazmus at merazmus@legalaidocba.org for more information.
theBriefs March 2021 Vol. 89 No. 3
Chief’sColumn Let’s Work Together to Finish the Job!
A
rticle V of the Florida Constitution requires the Supreme Court to certify to the legislature its findings and recommendations for increasing the number of judges in circuits throughout the state. In their 2019 certification, the Florida Supreme Court recommended the Ninth Judicial Circuit receive three additional judgeships – two circuit and one county in The Honorable Orange County. The legislature, recognizing the longstanding Donald A. Myers, Jr. and dire need for additional Chief Judge seats on the bench at the Ninth, Ninth Judicial Circuit Court allocated the necessary funding for all three judgeships in the 2020-21 state budget. After years of insufficient judicial resources, our circuit was poised to have the judgeships it needs to serve a rapidly expanding population – and caseload – in Orange and Osceola counties. We ended the 2020 legislative session with a deep sense of gratitude to the legislature and a growing excitement for the changes these allocated seats would bring to our circuit. Then COVID-19 happened. And, losing funding for the legislated judgeships happened. The burgeoning economic crisis that accompanied the pandemic forced Governor DeSantis to make incredibly difficult budgetary decisions – the line item veto of the new judge funding being one of them. In a letter accompanying the adoption of legislation adding the judges, Governor DeSantis wrote he “believed that additional judges were warranted.” However, the Governor concluded that it was not “fiscally prudent to employ the additional judges” in light of the uncertainties created by adjustments in the court system because of the pandemic “coupled with the change in the state budget outlook.” At the Ninth, we understood and respected the Governor’s decision, but the loss of funding for the new judgeships had a devastating impact on the courts. One might assume that the pandemic lessened the immediate need for these judgeships. While that assumption may seem like sound reasoning, the logic is tragically flawed. You know better than most that the work of the courts never stops. Just like our emergency services, there is no shutting down or waiting things out in the courts, regardless of circumstance. We may have traded traditional in-person hearings for virtual ones, but the work continues. Since the inception of the COVID-19 pandemic, our courts have held more than 200,000 court events. And, indeed, if the circuit had these three judgeships in 2020, they would have helped to dispose of an additional 16,000 cases. When you think of that number in terms of people instead of proceedings – the value and impact of additional seats on the bench becomes clear.
theBriefs March 2021 Vol. 89 No. 3
However, to just say that the work continues severely understates the impact of the pandemic on the courts. Yes, the work does continue – but now there is more of it! If resources were scarce before the pandemic, and they were, imagine stretching those same resources to tackle the buildup of the pandemic-generated workload. There are thousands of delayed proceedings – existing jury trials and evidentiary hearings the courts suspended to protect public safety. Similarly, there are the delayed filings – the small claims cases, foreclosures, child support enforcement, family law cases, etc., that the courts anticipated in 2020 but were deferred during the first year of the pandemic. And, then there are the pandemic-generated cases. These are the cases born out of the pandemic – residential and commercial evictions, foreclosures, business and insurance claims, etc. – that are directly related to the public health crisis, job losses, and declining economic conditions. So, we find ourselves in familiar territory – struggling along with chronically limited and insufficient judicial resources. And, yet, you and I fully understand that a speedy recovery from the pandemic will require even more of the courts. We appreciate that the courts are a critical infrastructure component of the economic recovery for our neighbors who are hurting so badly, for families and children who require certainty and stability, for the businesses and restaurants that we long to frequent again, for property owners, tenants, banks, and nearly every segment of our community. The growth in our region has already stretched our circuit thin. Now add the pandemic-generated workload, and our courts are on the brink of a crisis. Our community – its people and businesses – needs a circuit that has the resources to meet their changing and growing needs. It needs the three additional judgeships and additional funding for case managers and staff attorneys, mediators and general magistrates. It needs your help. You have long been great advocates for the circuit and community, tirelessly speaking on our behalves. With the 2021-2022 budget session starting this month, we ask that you again lend us your voice. Help us remind our legislators that proceedings are more than legal processes – they are people. And, the people in our community deserve the resources necessary for the resolution of their cases. You were instrumental in helping secure the three judicial positions. You made the difference then, and I know your support will make all the difference now as we ask the legislature to reinstate the funding for these judgeships and additional resources. Working together now, as we have in the past, I know we will make a difference in our circuit and community for the future. The Honorable Donald A. Myers, Jr., chief judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.
www.orangecountybar.org
PAGE 9
Business LawCommittee
W
Will COVID-19 Get Me Out of This Deal? Contract Excuses in the Pandemic Era
hen COVID-19 forced movie theaters, restaurants, theme parks, shopping malls, and many other non-essential businesses to close and suspended concerts, sporting events, large gatherings, and some travel for public-health concerns, the economy seemed to come to a standstill. Many businesses faced uncertainty in their ability to pay rent, to pay their employees, and to meet their other obligations. Robyn M. Kramer, Esq. The country had not faced a pandemic of this magnitude since the early twentieth century during the onset of the Spanish flu, so there was little guidance from the courts aside from general contract principles to advise clients one way or the other on whether COVID-19 would excuse them from their contracts. Though the country was at a standstill, parties had payment and performance obligations to meet and not everyone simply agreed to place deals on hold and excuse nonperformance. We are now beginning to see the ramifications of COVID-19 contract disputes as lawsuits and bankruptcies work their way through the court system. Based on a review of these cases as of late January 2021, here is what we can say: 1. A lack of funds will still hardly ever succeed in excusing contract performance. In thinking about common-law defenses that excuse nonperformance, it is helpful to remember as an overarching principle that “bad deals are as enforceable in the law as good deals.”1 The enforceability of contracts is central to our culture and economy, and it is for this reason that courts apply contract defenses, such as impossibility/impracticability of performance, force majeure, and frustration of purpose narrowly and hold that such excuses are generally unavailable in market downturns or when a party lacks sufficient funds to comply with a contractual obligation.2 In this COVID-19 era, though, we have witnessed seemingly complete economic standstills in certain industries (e.g., cruise lines, concerts, and sporting events), yet courts still appear to adhere to this general principle and will not excuse performance based only on a party’s lack of funds. In Federal Trade Commission v. A.S. Research, LLC,3 for example, a party tried to argue that COVID-19 frustrated the purpose of a settlement agreement and excused its payment obligations. The court held that the “[c]hanged economic circumstances . . . provide no basis for changing the parties’ bargain.” 4 Indeed, the court suggested that the payment obligation could ultimately harm the payor’s business or even cause the payor’s business to fail, and yet, the frustration-of-purpose excuse would fail unless the payor could show its business’ continued profitability was “so completely the basis of the contract that, as both parties, under[stood], without it the transaction would make little sense.”5 Likewise, in Newman v. Physicians Diagnostics & Rehabilitation Services, Inc., the payor argued COVID-19 caused an extreme PAGE 10
hardship and loss of business and asked the court to delay a payment obligation.6 After finding the payor was able to remain in business during the shutdowns, the court held the hardship argument was “irrelevant because [the payor] entered into a binding settlement and agreed to make the payments.”7 Finally, in Palm Springs Miles Associates, Ltd. v. Kirkland’s Stores, Inc., a commercial tenant argued its rent payments were automatically suspended based on shutdown orders.8 While government regulations, such as the shutdown order at issue, qualified as a force-majeure event under the tenant’s lease, the court applied the principle that such clauses are interpreted narrowly and found the tenant failed to describe how the force majeure “directly affect[ed] [the tenant’s] ability to pay rent.”9 Still, there is a time and a place for contract defenses, and although money troubles generally fail to excuse payment obligations, courts are sensitive to COVID-19’s impact on the world. Although cases are still making their way through the court system, we can see some foreshadowing of the defenses finding success. In Fitzpatrick v. Country Thunder Holdings, LLC, for example, a music festival vendor cancelled a concert scheduled for March 2020 in Kissimmee, Florida.10 After the vendor rescheduled the concert for October 2020, a ticketholder sued on behalf of a class seeking ticket refunds. The court agreed that Osceola County’s ban on gatherings of over 200 people rendered the contract temporarily impossible and allowed the vendor to delay it.11 In a similar situation, Barry University moved its class online and was sued after refusing to reimburse a student for her tuition.12 Though Barry University argued the pandemic made it impossible to hold in-person instruction and that the frustration-of-purpose defense applied, the court held further discovery was necessary and allowed the case to proceed beyond the motion to dismiss phase. However, the court previewed its view that contract excuses could return the parties to their pre-contract positions, in which case Barry University may have to refund the student’s tuition regardless.13 2.Though COVID-19 and its resulting government shutdown orders may qualify as force-majeure events, courts continue to construe these clauses narrowly and the force-majeure event must cause non-performance. Parties can contract around common-law defenses in several ways, one of which is by including a force-majeure clause. A force majeure is “[a]n event or effect that can be neither anticipated nor controlled” and “prevents someone from doing or completing something that he or she had agreed or officially planned to do.”14 As they do for the common-law contract defenses, courts apply force-majeure clauses narrowly and first examine whether a superseding event qualifies as a force-majeure event under the contract, and if so, then determine whether the event directly prevented the party’s nonperformance of a contract duty.15 Force-majeure clauses are often part of a contract’s boilerplate provisions and include circumstances outside the parties’ control, such as, acts of God, governmental action, pandemics, wars, and strikes. Under Florida law, the non-performing party needs to prove the failure to perform “resulted from” the force-majeure event.16 Moreover, the event causing nonperformance must be “specifically identified” in the force-majeure clause.17
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
In the context of COVID-19, the United States declared the virus a public health emergency on February 3, 2020; the WHO declared it a pandemic on March 11, 2020; the United States imposed travel bans by March 13, 2020; and states began imposing emergency shutdown orders by mid-March 2020. So under the typical force-majeure clause, this timeline could trigger any number of force-majeure events; however, it is important to carefully analyze both the force-majeure clause’s language and the superseding event to ensure it qualifies. In Richards Clearview, LLC v. Bed Bath & Beyond, Inc., for example, a government shutdown order closed all malls, but it included an exception allowing certain stores to remain open if they had their own outdoor entrances and exits.18 Because Bed Bath & Beyond had an outdoor entrance and exit, the court held the shutdown order did not technically trigger the force-majeure clause to excuse the store’s rent payment. Thus, when the store closed for COVID-19, it did so voluntarily, and its rent payments were not excused by the shutdown order or force-majeure clause.19 3. Unfortunately, uncertainty remains. While we are still amid the pandemic and it is too early for majority rules to develop surrounding the application of contract excuses, we are already seeing inconsistencies develop that make the law uncertain and difficult to predict. Take the following two bankruptcy cases for example: In re CEC Entertainment, Inc.20 and In re Hitz Restaurant Group.21 Each involved restaurant groups that faced government shutdown
orders limiting them to take-out food services.22 Both restaurant groups suffered devastating financial impacts due to the shutdowns and both had force-majeure clauses in their leases that excused performance in the event of a government action.23 Both courts held that the shutdowns triggered the leases’ respective force-majeure clauses, both of which contained the same exception that said performance was not excused due to a lack of funds.24 The two courts diverged in their application of this exception. The Hitz court found that the shutdown order, not a lack of money, caused the nonpayment of rent, while the CEC court found a lack of money caused the nonpayment of rent.25 Accordingly, the Hitz court held the restaurant group’s rent payment was partially excused, while the CEC court held the restaurant group’s rent payment was not excused. We will have to see how the cases continue to play out. For now, we know that contract excuses are narrow exceptions to the general rule that even bad contracts should be enforced. We are living in exceptional times, however, and depending on the industry, the obligation at issue, and the contract’s language, you may find success in relying on or defending against contract excuses to help your client in these most uncertain times. Robyn M. Kramer, Esq., is an associate attorney at King, Blackwell, Zehnder & Wermuth, P.A., where she represents businesses and professionals involved in commercial litigation and practices legal malpractice defense. She currently serves as the Chair of the OCBA Business Law Committee and Editor of The Briefs. She has been a member of the OCBA since 2017.
Ferguson v. Ferguson, 54 So. 3d 553, 554 (Fla. 3d DCA 2011). 2 Id. at 555-57 3 Fed. Trade Comm’n v. A.S. Research, LLC, No. 19-cv03423, 2020 WL 4193507(D. Colo. July 21, 2020). 4 Id., at*2. 5 Id. (quoting Restatement (2d) of Contracts (1981)). 6 Newman v. Physicians Diagnostics & Rehab. Servs., Inc., No. 18-cv-81584, 2020 WL 4929388, at *4 (S.D. Fla. Aug. 6, 2020). 7 Id., at *6, n.4. 8 Palm Springs Miles Assocs., Ltd. v. Kirkland’s Stores, Inc., No. 20-21724, 2020 WL 5411353 (S.D. Fla. Sept. 9, 2020). 9 Id. at *2. 10 Fitzpatrick v. Country Thunder Holdings, LLC, No. 20-3571, 2020 WL 5947624, at *2-*3 (C.D. Cal. July 24, 2020). 11 Id. 12 Rosado v. Barry Univ. Inc., 2020 WL 6438684, at *4-*5 (S.D. Fla. Oct. 30, 2020). 13 Id. 14 Black’s Law Dictionary (11th ed. 2019). 15 ARHC NVWELFL01, LLC v. Chatsworth at Wellington Green, LLC, No. 18-80712, 2019 WL 4694146, at *3 (S.D. Fla. Feb. 5, 2019). 16 Id. at *4. 17 Id. at *3. 18 Richards Clearview, LLC v. Bed Bath & Beyond, Inc., No. 20-1709, ECF No. 38 (Findings of Fact & Conclusions of Law, at p. 7, 12-13) (E.D. La. Sept. 2, 2020). 19 Id., at p. 12-13. 20 In re CEC Entm’t, No. 20-33162, 2020 WL 7356380 (Bankr. S.D. Tex. Dec. 14, 2020) 21 In re Hitz Rest. Grp., 616 B.R. 374 (Bankr. N.D. Ill. 2020). 22 CEC, 2020 WL 7356380, at *2; Hitz, 616 B.R. 378. 23 CEC, 2020 WL 7356380, at *3; Hitz, 616 B.R. 37778. 24 CEC, 2020 WL 7356380, at *3; Hitz, 616 B.R. 378. 25 CEC, 2020 WL 7356380, *3; Hitz, 616 B.R. 378-79. 1
New M e mbe rs Regular Dana L. AHMAD Tyler Alexander BRANZ Jordan E. BUBLICK Charl E. DANIELS Max Aaron EICHENBLATT Christian T. FAHRIG Michael W. FORD Samuel T. LEA Tessa V. MEARS Thomas M. MURPHY
theBriefs March 2021 Vol. 89 No. 3
Daniel James NEWLIN Carolina I. NUNEZ Hillra Chris OUTLAW Katherine N. van DIJK Jenny VARGAS de PEREZ-CORUJO
Law Student Joanna J. PAYETTE
Paralegal Student Cristiane Avallone de AZEVEDO Avery Shana EVANS
www.orangecountybar.org
Invite your colleagues to join the OCBA today! Go to: www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!
407-422-4551, ext. 245
PAGE 11
Construction LawCommittee
C
Here We Go Again: Developer Friendly Politicians Once Again Try to Tinker with Consumer Protection Legislation
hapter 558, Florida Statutes, and section 553.84, Florida Statutes, are consumer-friendly statutes drafted and signed into law many years ago to protect Florida homeowners, homeowners’ associations (“HOAs”), and condominium associations; provide for the resolution of construction defect claims; and promote the settlement of claims without resorting Patrick C. Howell, Esq. to litigation. House Bill 21 filed by Representative Alex Andrade and Senate Bill 270 filed by State Senator Keith Perry would severely hamper the protections that these statutes provide to consumers. Section 553.84 provides a cause of action for violations of the building code. The law allows a damaged homeowner, HOA, or condominium association damaged by a building code violation to sue the developer or contractor who committed the violation. There are existing protections for the developer or contractor who obtained the proper permits and passed all city inspections so long as they did not know and should not have known that the code violations existed. It’s a piece of common-sense legislation that has long protected Florida home-buying consumers. Unfortunately, common sense goes out the door with these latest changes. The first change would require that there be “physical harm” or “significant damage” to homes and condominiums in order for there to be a violation of the statute. Arguably, an HOA or condominium association would have to wait until a defective condition becomes dangerous or structural in nature before a claim could be brought. For example, existing law doesn’t require that a condominium association wait for a balcony to fall off of a building in order for there to be a claim for violations of the building code. All that is required is a finding that there is a defect that needs to be rectified, as the defect will eventually cause damage. If this change is adopted, there is the potential for serious injuries and damage to occur as owners will not be encouraged to seek out and rectify defects that will cause damage or injuries in the future. The second change proposed to section 553.84 is even worse. This change would require that a homeowner, HOA, or condominium association submit a warranty claim prior to bringing a claim for building code violations. What is laughable about this change is that the “warranty” offered by most developers and builders isn’t really a warranty at all. These “warranties” are typically dozens and dozens of pages of hard-to-read half-promises diminished by exclusions and exceptions, limitations of coverage, and impossible hoops to jump through in order to submit a claim. Most homeowners don’t even receive the warranty at their closing but are instead directed to a website, where they can download hundreds of pages of legalese. Furthermore, and ironically, most of these “warranties” exclude a cause of action for building code violations and include unknowing waivers of other important rights and PAGE 12
claims available to consumers! This change to 553.84 would also slow down the process of bringing a claim while important deadlines and limitations periods possibly run. When the statute of limitations or repose runs on a claim, the homeowner, HOA, and condominium association is then forever precluded from bringing a claim against the developer or contractor. Unfortunately, it doesn’t stop with just 553.84, as these developer politicians have even more tinkering in mind, this time to Chapter 558, Florida Statutes. Chapter 558 was passed by the legislature to assist with the resolution of claims outside of litigation. It requires that a party damaged by defects submit the claim to the at-fault developer or contractor, allows for inspections, and gives the developer or contractor an opportunity to settle the claim. This process has worked effectively for many years and has resulted in countless settlements outside of expensive litigation. The changes proposed during this legislative session would severely damage Chapter 558 and the ability of homeowners, HOAs, and condominium associations to timely submit claims and foster settlements outside of court. Like their tinkering to 553.84, the politicians have proposed adding a requirement that homeowners, HOAs, and condominium associations first submit a “warranty” claim prior to initiating a claim under Chapter 558. As stated above, adding these additional hoops to jump through would slow down the claims process while important deadlines and limitations periods possibly run. Note that nothing in the law tolls the running of the statute of repose, which is a complete bar to a claim for construction defects. Further, these “warranties” aren’t really warranties at all, but are instead protections drafted by developer attorneys to shield developers from liability for shoddy construction. Simply put, this proposed amendment to Chapter 558 is a wolf in sheep’s clothing. Not stopping there, it is proposed that a claim under Chapter 558 no longer be required to be described in “reasonable detail” by the homeowner, HOA, or condominium association but instead inserts a “specificity” requirement when describing the claim and the location of each defect. In practice, this will require that a homeowner with a leaking roof or defective stucco hire an engineer to document and photograph every single location of defective work and create a report of the defects. These reports can cost anywhere from $30,000 - $100,000. Middle class and low-income homeowners will simply not be able to afford to hire such professionals, something the developers and contractors know all too well. Next, the proposed changes to Chapter 558 would require that the claimant have “personal knowledge” of the defects and swear to that knowledge under penalties of perjury when the claim is submitted to the developer or contractor. What is ironic about this proposed change is how at odds it is with the change that
www.orangecountybar.org
... Unfortunately, common sense goes out the door with these changes.
theBriefs March 2021 Vol. 89 No. 3
requires that an engineer document and photograph the defects. It would be this engineer, not the claimant, that has personal knowledge of the defects. Thus, this proposed amendment would set up every homeowner, HOA, or condominium association submitting a claim under Chapter 558 to a charge of perjury and possible imprisonment. Such a change would take a law that assists with settlement and turn it into a weapon against homeowners, HOAs, and condominium associations. This demonstrates just how insidious these proposed amendments are to Florida consumers. The proposed changes also go so far as to insert big government into the relationship between a homeowner and their mortgage company. The amendments add a new subsection (6) to the existing law, requiring that a homeowner with defects advise their mortgage company that they’ve asserted a construction defect claim as to the property and provide other details about the resolution of the claim. This requirement could jeopardize the homeowner’s loan and expose the homeowner to inordinate amounts of red tape. There is nothing in the description of the bill advising as to the goal of this proposed change or what wrong it proposes to right. Note that no banking institutions or mortgage lenders have even requested these changes to Chapter 558. As such, and considering the other proposed changes to Chapter 558, it is assumed this is just another barrier that is being erected to dissuade homeowners, HOAs, and condominium associations from pursuing otherwise legitimate claims for construction defects against developers and contractors. The most disturbing proposed change concerns changes to the current provision that requires that the inspections and testing continued page 22
“I am so impressed by all that Gary has accomplished in his years of practice. He is a warrior for justice and a protector of the civil justice system. He has all of the qualities we would want in a leader of our profession and as a President of the Florida Bar. I am honored to support Gary.” - Tiffany Faddis, President-Elect, Florida Justice Association
“I had the pleasure of serving with Gary Lesser on The Florida Bar Board of Governors for several years. He will make an outstanding Florida Bar President and I am proud to endorse him.” - Scott McMillen, Past President, Orange County Bar Association
www.garyslesser.com
Multi-faceted. Extremely hard. Very valuable.
As specialists in the field, we dig deep for our clients and shape rough referrals into precious stones of high value. We have a singular focus in medical malpractice, and our tried-and-true process has stood firm against physicians and hospitals. So if you’re approached with a medical malpractice case, but aren’t sure of its worth, place it in the hands of the experts. Call us at (877) 644-5122 to discuss your client’s potential case.
theBriefs March 2021 Vol. 89 No. 3
www.orangecountybar.org
PAGE 13
Legal Aid SocietyTeaching Tips The Violence Against Women Act Saves Lives Content Warning: The following story contains disturbing content that may not be appropriate for all readers. This article includes graphic domestic-violence descriptions. The names in this article are changed to protect the victim’s privacy.
A
t 23 years of age, Amanda entered the United States with a student visa. A native of Germany, she was full of dreams and hopes for her future. Ana Bernal Roberts, Esq. Amanda met Tim during her studies and fell in love. Tim was perfect in every way, or so it seemed at the time. Their relationship progressed rapidly. Before she knew it, Amanda found herself engaged and moving in with Tim. At first, a few signs of jealousy appeared, but they were not prominent. Eventually marrying, Amanda and Tim were excited at the thought of starting a family. Amanda dreamed of having a loving marriage and children. Shortly thereafter, the nightmare began. There were many incidents of domestic violence. One day, the police showed up at their residence after a neighbor called due to Amanda’s screams. Amanda protected her husband and denied that anything was wrong. She was terrified of what her husband would do if she disclosed the truth. Thankfully, they did not have any children. The thought of having children in an abusive environment terrified her. But they had an adorable tiny puppy named Benji that her husband gave her as a present. Tim had threatened to hurt Amanda and Benji if she did not do as he said. He had already kicked the puppy several times. Amanda was afraid that things would get worse. She was correct. Tim abused Amanda, slapping, punching, hair pulling, and raping her. Her husband repeatedly threatened that she would face deportation and that he would stop the immigration paperwork he filed on her behalf. One day, a brutal argument ensued. Amanda recognized Tim’s agitation and tried to leave with Benji. Tim had a different plan; snatching a fistful of hair, he viciously hit her. What happened next broke Amanda’s heart and scarred her forever. Tim took Benji and repeatedly threw the tiny beloved puppy against the wall with all his enraged force. Sobbing hysterically, Amanda begged him to stop. When he exhausted himself and calmed down, Benji was unable to move; a faint breath and quiet whimper were all that was left. Amanda begged to take him to the emergency vet clinic, agreeing to say that Benji had been hit by a car. Benji had many
Domestic violence victims need to know that help is available, and they deserve to move on with their lives and bring perpetrators to justice.
PAGE 14
internal injuries and broken bones, and the vet told them that the best thing would be to euthanize him. That was the end of the life of Amanda’s adorable puppy; Benji’s life ended abruptly, after suffering for hours at the hands of a monster. Amanda was inconsolable. Tim begged for forgiveness and pledged that he would change. Amanda did not believe him. Soon afterward, another domestic violence incident took place. Tim punched Amanda in the face. He prevented her from leaving and took away her phone. Believing that he would kill her, Amanda feared for her life. The neighbors called the police again after hearing her screams, and two officers showed up at her residence. This time, Amanda could no longer hide the abuse. Tim was arrested and taken to jail. After the arrest, Amanda obtained an injunction for protection against domestic violence while trying to pick up the pieces and figure out her life. The abuse Amanda and Benji suffered at the hands of Tim was traumatizing, painful, and devastating. Once she was free from the abuse, Amanda realized that the immigration case that her husband had filed on her behalf would not be approved since they were no longer together. Amanda came to the Legal Aid Society, asking for legal assistance. The Legal Aid Society’s immigration attorney determined that Amanda qualified for immigration relief under the Violence Against Women Act, referred to as VAWA, which helps abused spouses and children of U.S. citizens or legal permanent residents. The attorney collected all the evidence and filed a case with the United States Citizenship and Immigration Services (USCIS). Amanda had an Application for Adjustment of Status (AOS) pending with USCIS. AOS is the process used to become a legal permanent resident of the United States. Amanda’s AOS application was based on a Petition that had been filed by her husband. The attorney requested that USCIS replace the husband’s petition with the VAWA Petition so that the AOS process could move forward. As a result, Amanda was able to continue to work during the processing of her immigration cases. After a little over a year, USCIS approved her VAWA Petition and AOS Application. Amanda is now a legal permanent resident of the United States and no longer relies on Tim’s support. She is working and leading a self-sufficient life, free from abuse and violence. Amanda shared the following about her experience: “When I first started the process of filing for the permanent residency through VAWA, I was overwhelmed and did not know where to start. Luckily, someone recommended the Legal Aid Society. Attorney Ana Bernal Roberts helped me through the entire process and was also there for me the entire time and still is. I had no financial resources nor the clear mind to go through the legal process myself. Now that I am a permanent resident, I can’t believe that I did it – and all with the help of the Legal Aid Society. I am able to stand on my own two feet now, away from my abuser, something I didn’t think was possible.” Not unlike other victims, Amanda did not immediately leave Tim. Lack of friends or family, means of financial support, feel-
www.orangecountybar.org
continued page 22
theBriefs March 2021 Vol. 89 No. 3
Legal Aid SocietyWhat We Do... Thinking of Taking a Guardian ad Litem Case? Resources Are Available to Pro Bono Guardian ad Litem Attorneys – We Are Here to Help!
T
he Legal Aid Society of the Orange County Bar Association’s Guardian ad Litem Program is unlike all other guardian ad litem programs in the State of Florida. In Orange County, to act as a Guardian ad Litem (GAL) you must be a licensed attorney, making Orange Coutny’s GAL program the only program in the State of Florida comprised entirely of attorney Ronnie Syme, Esq. GAL representation. All other counties in Florida utilize the model of the Statewide Guardian ad Litem Program, which includes a team of lay person volunteers, social workers, and a staff attorney. In 1978, when the State of Florida instituted a provision for GAL appointments in all cases of abuse and neglect, all other Florida counties allowed for lay persons to be placed in that position. An exception was put in place for Orange County based on a successful model that had previously been implemented that included local attorneys appointed on a pro bono basis to act as the GAL for a child. Legal Aid continues to recruit volunteer guardian ad litem attorneys to fulfill this role. In Orange County, we also have Volunteer Advocates for Children (VAC). The VACs are not attorneys but are members of the community who assist GAL attorneys. These can be teachers, church members, retired medical professionals or anyone else who wants to help our dependent children. They are trained to work alongside a GAL attorney to look out for the best interest of the child. Currently in Orange County there are approximately 1,500 children who are appointed a guardian ad litem at any given time. This representation is provided by several hundred volunteer attorneys, nine Legal Aid staff attorneys, five case coordinators, and the VACs. In our opinion, members of the Orange County Bar Association are the best voluntary bar association in the nation! Many of you choose to take guardian ad litem cases to fulfill your pro bono requirement, and this makes all the difference. Thanks to the support of our judiciary and bar, Orange County dependent children are the only children in the state who have access to problem-solving therapeutic courts such as baby court and drug court, and also have GALs who represent them in delinquency court and in other courts. As a result, Florida leads the nation as the largest state with the highest percentage of child and parent reunifications. Many of you may have thought about taking a GAL case but do not know how to get started. If you do not currently take GAL cases but have considered it, we urge you to take one now. These cases are so important and rewarding. Children who are abused, neglected, or abandoned need someone who is looking out for their best interest, and that is the role of the guardian ad litem attorney.
If you are thinking about taking a GAL case, there are resources available to help. We at the Guardian ad Litem Program understand that not everyone practices dependency law. That is why our staff attorneys are always there to assist. We attend every dependency hearing or trial along with the pro bono attorney to provide guidance and advice. If you are unable to attend, staff attorneys can cover for you. The staff at the GAL office will send you reminders of all court dates and staffing meetings. We encourage all pro bono attorneys to reach out to our staff attorneys whenever you need assistance with a case, sample pleadings, or just someone to discuss an idea with. When you take a new case, the staff attorneys are available to meet with you to discuss the case and its history to get you acquainted with the case and the children. Training? All Florida attorneys know that they are required to complete continuing legal education, but did you know that the Legal Aid Society and the Guardian ad Litem Program provide free training twice a month? Half of those sessions are on guardian ad litem topics, such as conducting visits, education, crossover cases of dependency and delinquency, transition, immigration, and mental health. All past training sessions are also available for viewing at any time on our website, www.legalaidocba.org, where our training schedule for the next year may also be found. If you run into an issue with a GAL case, previous training sessions may be a great resource. If you have any questions relating to training sessions please contact Marilyn Carbo at mcarbo@legalaidocba. org. Due to COVID-19, these training sessions are currently being held virtually but hopefully we will be able to resume training in person some time in the future. Questions about Visitation? Guardians ad litem are encouraged to regularly visit the children they are appointed to represent. It is important that children feel comfortable and rely on their GAL to look out for what is in their best interest. Talking with the child or caregiver (for younger children) allows you to gather information about what issues need to be addressed, what services the children need, who they want to live with and where they feel safe. Encouraging some children to come to court and hear firsthand what is going on may help the child feel engaged. The case is about them and their input needs to be heard. Sometimes the children you represent may be placed out of the county, making it difficult to see them in person. If this is the case, you can contact our staff to assist in setting up out of county visits. Specific Issues on a Case? The children we represent may have a wide range of issues. The staff attorneys at the GAL Program are here to assist pro bono attorneys with those unique matters. Each staff attorney has a specialty area, and we are happy to speak with the pro bono attorney regarding our area of specialty. We have staff members who are well versed in mental health (Marie Priebe), transitions (Katie Pareja), developmental disabilities (Mexcye Roberts), education (Hannah Farber), appeals (Kavita Sookrajh), baby court/drug court (Jonathan Neyer), or crossover cases of dependency/delinquency (Ronnie Syme). continued page 22
theBriefs March 2021 Vol. 89 No. 3
www.orangecountybar.org
PAGE 15
PAGE 16
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
LuncheonRecap The Orange County Bar Association President LaShawnda Jackson virtually presented Florida Supreme Court Justice Jamie Grosshans with a portrait that will hang on the 23rd floor of the Orange County Courthouse. It is tradition for the OCBA to commission a portrait for all Florida Supreme Court justices who originate from the Ninth Judicial Circuit. The Legal Aid Society of the OCBA also presented its 2021 Pro Bono Awards of Excellence to Yergey & Yergey, P.A., and Winderweedle, Haines, Ward & Woodman, P.A., along with the 2021 Judge J.C. “Jake” Stone Distinguished Service Award to OCBA Past President Nick Shannin.
January OCBA Virtual Luncheon | January 21, 2021
Meet the Ninth Judicial Circuit Court’s 2021 Administrative Judges
CIRCUIT CRIMINAL DIVISION Orange County
DONALD A. MYERS, JR.
CHIEF JUDGE
JULIE H. O’KANE Administrative Judge
RENEE A. ROCHE Associate Administrative Judge
CIRCUIT CIVIL DIVISION Orange County
JOHN E. JORDAN Administrative Judge
CIRCUIT & COUNTY COURTS Osceola County
MARGARET H. SCHREIBER
Administrative Judge
ROBERT J. EGAN
Associate Administrative Judge of Circuit & County Courts
theBriefs March 2021 Vol. 89 No. 3
DENISE KIM BEAMER Associate Administrative Judge
DIANA M. TENNIS
A. JAMES CRANER Administrative Judge
UNIFIED PROBLEM SOLVING COURT DIVISION
KEVIN B. WEISS
ALICIA L. LATIMORE
Administrative Judge
CIRCUIT DOMESTIC DIVISION
Orange County
CIRCUIT APPELLATE DIVISION
Orange & Osceola Counties
Associate Administrative Judge of Domestic Courts
CIRCUIT JUVENILE DIVISION
MIKE MURPHY
HEATHER PINDER RODRIGUEZ
Associate Administrative Judge
Administrative Judge
COUNTY COURT
Orange & Osceola Counties
Administrative Judge
Orange County
Orange County
MARTHA C. ADAMS Administrative Judge
www.orangecountybar.org
JEANETTE D. BIGNEY Associate Administrative Judge
ALICE L. BLACKWELL Associate Administrative Judge
COUNTY COURT Osceola County
HAL C. EPPERSON, JR.
Associate Administrative Judge of County Court
PAGE 17
GOABBA Virtual Luncheon
Row 1 from top left: Ashley Baillargeon, Onchantho Am, Mark Elliot, Lisa Haba, Tomas Lares Row 2: Brandon Sapp, Stephanie Sadi, Dairlyn Kelly, Michael Barber, Ryan Wisneski, Row 3: Barbara Perez, Brock Hankins, Jacinda Beraud, Peri Sedigh, Scott Leitner Row 4: Heather Sierstorpff, Stephen Craig, Ali Kamalzadeh, Donna Hung, Linnea Eberhart Bottom row: Adam Duh, Michael Andriano, Renee Kemper
Cyndy Trimmer, Onchantho Am, Aurora Austriaco
CFAWL members created vision boards for 2021
PAGE 18
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
Voluntary BarNews SideBar
I
t’s hard to believe that it has been a year since the world seemed to have closed its doors amidst an unprecedented health scare. Nonetheless, it’s nice to know that not even a pandemic can stop our members from caring about others in the community. And while online meetings can never fully replace the value of a face to face one, our voluntary bar associations kept working hard to continue to make a Alena V. Baker, Esq. difference. Here is a look at what they have been busy doing, one year later, despite all the hurdles 2020 may have thrown their way.
The Greater Orlando Asian American Bar Association A new year brings new friendships, meaningful discussions, and innovative partnerships. With that, the Greater Orlando Asian American Bar Association (GOAABA) had the privilege of cohosting two luncheons in January. First, on January 14th, GOAABA co-hosted the “Conversation with Women Bar Leaders” luncheon along with the Jacksonville Women Lawyers Association (JWLA). Speakers included: JWLA President, Cyndy Trimmer; the National Conference of Bar Presidents (NCBP) President, Aurora Austriaco; and the President of GOAABA, Onchantho Am. Mrs. Austriaco shared her path to leadership from when she was initially “voluntold” to take on pro-bono cases as a young attorney to her role today leading a national bar association. She also reflected on the importance of effectuating a pipeline of diverse lawyers and building an intergenerational bridge of sisterhood. Then on January 20th, GOAABA partnered with the Orange County Bar Association (OCBA) Civil Rights Law Committee and the OCBA Young Lawyers Section (YLS) for the “Human Trafficking: Abroad, or in my Backyard?” CLE Luncheon. Speakers included human trafficking survivor Tina Kadolph, detective Maurice Edward, attorney Lisa Haba, and United Abolitionists founder, Tomas Lares. This was a thought-provoking and candid discussion of human trafficking in our community, its impact, and how attorneys can aid. This discussion couldn’t have been timed any better as January is National Slavery and Human Trafficking Prevention Month in which awareness is raised about the different
theBriefs March 2021 Vol. 89 No. 3
forms of human trafficking and educating people about this crime and how to spot it. Way to go GOABBA for raising awareness and sharing ways we can help.
The Central Florida Association for Women Lawyers The Central Florida Association for Women Lawyers (CFAWL) began the year with a vision for success. President-elect Heather Meglino taught members the scientific theory behind vision boards and how they can be instrumental in reaching our goals. Members put their creativity into action and created their own “action boards” for 2021, focusing on images that inspire them in areas such as career, home, family, fitness, and personal growth. Inspired by their January Luncheon with the Victim Service Center (VSC), CFAWL sprang into action in February by raising money for VSC during its virtual events and social media. CFAWL also enjoyed the return of its “Cooking with the Court” series in a remote rendezvous with Judge Mike Kraynick. Judge Kraynick showed participants how to make a delicious crème brulee in this popular event, right in time for February! In addition to connecting locally, CFAWL members have been working hard and making contributions at the statewide level. In the latest journal from their statewide parent organization, the Florida Association for Women Lawyers (FAWL), three of CFAWL’s members had articles published. Lori Wurtzel wrote an article entitled, “Working Moms and Covid-19,” which focused on how the pandemic has exacerbated the inequities and burdens women often face in balancing work and home life. Jessica Thomas wrote an article entitled “Black Lives Matter: How Women Started a Movement,” which was an honest and detailed overview of the systemic inequalities evident in the legal arena. Finally, Amanda Perry Carl wrote a touching piece on The Honorable Amy Coney Barrett who is the fifth woman to serve on the Supreme Court of the United States. CFAWL is proud of its members for their contributions both locally and statewide. Keep an eye on their social media for “member spotlights,” where they will be highlighting the contributions and accomplishments of their dynamic membership. Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.
www.orangecountybar.org
PAGE 19
POWERING
PAYMENTS FOR THE
LEGAL
Trust Payment IOLTA Deposit
INDUSTRY
Amount
$ 1,500.00 Reference
The easiest way to accept credit, debit, and eCheck payments
NEW CASE Card Number
**** **** **** 4242
The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms.
LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Synovus Bank, Columbus, GA.
ACCEPT MORE PAYMENTS WITH LAWPAY 888-553-8340 | lawpay.com/ocba
PAGE 20
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
Young Lawyers SectionNews YLS on the Move
W
e have entered the month of luck! We hope our members will find the ends of rainbows and hidden pots of gold during March. Before your search begins though, let’s reflect on the lovely month that came before. First, we hope you were able to make our February CLE hosted alongside the Paul C. Perkins Bar Association (PCPBA) and the Federal Bar Association (FBA). Kimberlee A. Martin, Esq. It was very informative and we always enjoy learning alongside our friends in the PCPBA and FBA. We also continued with our virtual luncheons. Thank you to all those that logged in to join us! We love being able to see your smiling faces. If you were not able to make it, do not fret! We will have more in the future so just keep your eyes peeled. If you have not followed us yet on social media, put this article down briefly and get that checked off your to-do list! That way you will never miss a thing. Apart from our at-home events, your YLS Board also attended the Florida Bar Young Lawyers Division’s Affiliate Outreach Conference (AOC) on February 5 and 6 – virtually, of course. For those of you not familiar, the AOC brings together the voluntary bar associations from around the state to learn about what each has accomplished and hear about their future plans. As former
YLS Board Member and current AOC Marketing Chair Brock Hankins noted, the AOC is “one of the biggest exchanges of ideas from around the state.” On top of that, AOC awards up to $50,000 to local affiliate programs intended to help these associations benefit their members and their local communities. Make sure to check out our news and pictures from the event on our social media pages. Last month was also the OCBA elections. The new YLS board is excited for their installation in May and cannot wait to get started planning the 2021-2022 year! Speaking of which, if you are interested in serving on committees, either as a chair or a member, then make sure to email President-Elect Michael Barber at mbarber@devotedtojustice.com. He is gearing up for his presidential term and will soon be emailing those interested in getting more involved to see what events you want to be involved in! YLS is also interested in hearing from you on what CLE and luncheon topics you would be interested in attending along with any other ideas you may have! Make sure to make your voice heard by also emailing those ideas over. Remember to follow us on Facebook, Twitter, and Instagram. Our handle is @ocbayls. And make sure to use #ocbayls, #wedomore, and #YLSistheKEYtoyoursuccess when posting about events so we can share in the fun with all of you! Kimberlee A. Martin, Esq., of Cohen Law Group, handles civil litigation matters, primarily in the area of plaintiff’s first property claims. She has been a member of the OCBA since 2013 and YLS Board Member since 2019.
Ashley Baillargeon, Detective Maurice Edwards, Lisa Haba, Brandon Sapp, Tomas Lares, Tina Kadolph, Onchantho Am, Stephanie Sadi, and Michael Barber attending and presenting at the January CLE on human trafficking. Magistrate Judge Daniel Irick (left) and Lauren Millcarek (right) speaking on federal practice at the January YLS virtual Luncheon.
theBriefs March 2021 Vol. 89 No. 3
www.orangecountybar.org
PAGE 21
Construction LawCommittee
Legal Aid SocietyWhat We Do...
conducted by the developer or contractor not render the home or condominium unit “uninhabitable.” As it is now, the law states that “[t]he destructive testing shall not render the property uninhabitable.” The proposed change removes the word “shall” and replaces it with “may.” This proposed change, tied with existing language that makes it difficult for a homeowner, HOA, or condominium association to oppose destructive testing at the property, could potentially create serious issues for consumers in Florida when their homes or buildings are damaged by destructive testing at the hands of developers and contractors. The proposed changes to Chapter 558 and section 553.84 should be vigorously opposed by anyone who supports consumer rights for homeowners, HOAs, and condominium associations. The bills’ sponsors may be contacted as follows: Representative Alex Andrade: (850) 717-5002 Senator Keith Perry: (850) 487-5008
We encourage you to talk with other attorneys about their experiences being a guardian ad litem attorney. When asked what she enjoys most about taking GAL cases, pro bono attorney Heather Trick stated, “I really love meeting the children and helping to ensure that they have the best possible future.” She encourages her fellow attorneys in the community to consider taking GAL cases, “Very few people are qualified to be able to shoulder the weight of a child’s future in this manner while being able to objectively evaluate their life circumstances and make recommendations to the court, and so I think it is incumbent on us as attorneys to use our training and experience to be able to benefit the lives in our community in that manner.” We hope that you will consider taking your first GAL case and will start with a phone call to us. If you are an existing GAL, we hope that you will consider taking a new case now that you know support, training, and resources are available to you. For more information, please contact Ronnie Syme, rsyme@legalaidocba.org at (407) 841-8310. For more information on how to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development at (407) 515-1850 or email dhaynes@legalaidocba.org.
continued from page 13
continued from page 15
Patrick C. Howell, Esq., is the Office Managing Shareholder of Becker & Poliakoff and practices in the areas of community association law and construction law. He is the Chairman of the OCBA Construction Law Committee and a member of the Florida Bar’s Diversity and Inclusion Committee. He has been a member of the OCBA since 1995.
Legal Aid SocietyTeaching Tips continued from page 14
ings of self-worth surrounding having a spouse all factor into separation from one’s family. It typically takes seven domestic violence incidents before a victim makes a life change. Frequently, abusers repeatedly go to extremes to prevent the victim from leaving them. Leaving an abuser is the most dangerous time for a victim of domestic violence. Harbor House, a non-profit state-certified domestic violence shelter in Orange County, reports one-inthree people will experience abuse at the hands of a partner. In 2019, Florida reported 105,298 crimes of domestic violence to Florida law enforcement agencies resulting in 66,069 arrests. Especially during the COVID-19 pandemic and the resulting economic crisis, domestic violence remains rampant in society, with many cases going unreported. Domestic violence is a crime
Ronnie Syme, Esq., is a guardian ad litem staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2013.
of power. Being an undocumented immigrant presents another layer of obstacles for victims. VAWA protects all victims of this horrible crime, regardless of immigration status. Becoming a legal permanent resident allows victims the opportunity and resources to take care of themselves. Domestic violence victims need to know that help is available, and they deserve to move on with their lives and bring perpetrators to justice. If you would like to help survivors like Amanda adjust their immigration status but do not have experience in immigration law, we will teach you. If you do have immigration law experience, please put your skills to use for your indigent and vulnerable neighbors. Each of us can, and must, work together to identify, report, and prevent violence.
Please contact Janis Mason at jmason@ legalaidocba.org if you are interested in handling a pro bono immigration or domestic violence case. For additional information about immigration or domestic violence matters, contact Immigration Attorney Ana Bernal Roberts at ARoberts@ legalaidocba.org or Family Attorney Tenesia Hall at TCHall@legalaidocba.org. For more information on how to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development at (407) 515-1850 or email dhaynes@legalaidocba.org. Ana Bernal Roberts, Esq., is an immigration attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2001.
CORRECTION The 13th Annual Breakfast of Champions was chaired by Ani Rodriguez-Newbern and Michael Andriano. The article in the February issue of The Briefs incorrectly identified Ana Tangel-Rodriguez as the chair – she is a committee member.
PAGE 22
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
ParalegalPost Cultivating Friendships to Improve Your Professional and Personal Paralegal Life
A
s I approach the twilight of my paralegal career, I want to pass along helpful insights to the next generation of paralegals. By far the most valuable part of my professional and personal life has been the different types of friendships that I formed.
The topic of friendship is hot right now. You can watch shows about friendship (PEN15 streaming on HULU), read books about friendNancy L. Jordahl, ACP, FRP, FCP ship (Big Friendship: How We Keep Each Other Close by Aminatou Sow and Ann Friedman) or listen to podcasts about friendships (Dying for Sex). Friends play a critical role in a paralegal’s career even before the first day of on the job. The paralegal school friend is a study-buddy. My paralegal school friend wanted to take the CP examination and encouraged me to join her. It would have never crossed my mind to take the CP examination without this friend’s recommendation. It was easier to take the examination right after completing my post baccalaureate paralegal program because the information was fresh in my mind. This school friend saved me from future additional studying and aggravation. NALA’s CP designation has helped me in my legal career for almost thirty years. Once out of paralegal school, you will need friends more than ever. A type of friend that comes to mind is the “sounding board.” You know that person you can run something past and say, “Is this crazy?” and they will give you an honest answer. Feedback from this type of friend is so valuable to thoughtful decision-making. Another type of friend is the “behind the scenes” friend. If you have attended a paralegal cruise you have seen this kind of friendship. Linda McGrath-Cruz hosts the annual Paralegals Navigating Perilous Waters event and she has her good friend Michelle Ridge behind the scenes helping with the logistics. Paralegals, like everyone, all have different personalities and different strengths and weaknesses. Friends can help you be stronger in areas that are more challenging for you.
theBriefs March 2021 Vol. 89 No. 3
The next friend is the “inspirational friend.” OCBA Paralegal Section member Peonca S. Grier, ACP, FRP, inspires me with her commitment to community service and volunteerism. I would not have volunteered at Second Harvest Food Bank or The Coalition for the Homeless without her positive influence and guidance. A very, very useful friend is the “opposing counsel friend.” It is so helpful to establish a friendly relationship with the paralegal on the other side of your case. Litigation is stressful and being able to work cordially with the other side helps to relieve the stress for all. Of course, the first priority is to the client but professionalism encourages this kind of friendship. An extremely important friend that comes to mind is the “mentor friend.” A mentor friend pushes you to become the best that you can be. This friend will counsel you to take on projects or roles that are out of your comfort zone so that you can increase your legal knowledge and grow as a leader. A mentor friend also serves as a role model for you to emulate. A particularly valuable friend is the “friend who is NOT a paralegal” so you can think and talk about something else besides the law. Legal work can be overwhelming and all-consuming at times. The non-paralegal friend helps to switch your mind to something not law related like a hobby, music, or travel. There are ways to make real, true paralegal friends that can help you professionally and personally throughout your life. Join groups like the OCBA Paralegal Section, attend CLE and mixers, ask questions beyond small talk, make the first move, speak up, continue to make an effort, call, text, email, write notes. Make time. Be yourself. Keep at it. Follow up. Pay attention – turn off your cell phone when you are with a friend or potential friend. Be the friend you wish you had. Listen. Be forgiving if your friend messed up. Apologize if you made a mistake. Be kind. Show trust. Be available. Let your friend know that you appreciate them. Do not take your friend for granted. Do not talk bad about your friend. Respect and treasure your friends. Nancy L. Jordahl, ACP, FRP, FCP, is a litigation paralegal at Weinberg Wheeler Hudgins Gunn & Dial in Orlando, Florida and member of the OCBA Paralegal Section. She has been a member of the OCBA since 2010.
www.orangecountybar.org
PAGE 23
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. 245.
20 or More Members
King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton Marcus & Myers, P.A. 10-19 Members McMichen, Cinami & Demps PLLC Colling Gilbert Wright & Carter, LLC McMillen Law Firm, P.A. Fisher Rushmer McShane & McShane Law Firm, P.A. Legal Aid Society of the Orange County Bar Meenakshi A. Hirani, P.A. Association, Inc. Men’s Divorce Law Firm Marshall, Dennehey, Warner, Coleman & Goggin Morgan, White-Davis & Martinez, P.A. McDonald Toole Wiggins, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. 2-9 Members N. Diane Holmes, P.A. Allen, Norton & Blue, P.A. O’Mara Law Group Anderson & Ferrin, Attorneys at Law, P.A. Perez LaSure, LLC Artemis Family Law Group, PLLC Rebecca L. Palmer Law Group Arwani Law Firm Ringer Henry Buckley & Seacord, P.A. Aust Law Firm Roman V. Hammes, P.L. Banker Lopez Gassler P.A. Sasser & Weber, P.A. Barrister Law Firm, P.A. Sawyer & Sawyer, P.A. Barry Miller Law Schwam-Wilcox & Associates Beshara, P.A. SeifertMiller, LLC Carr Law Firm, P.A. Shannin Law Firm, P.A. Compass Law Southern Trial Counsel Cullen & Hemphill, P.A. Stovash, Case & Tingley Davey Law Group, P.A. Tangel-Rodriguez & Associates DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP The Aikin Family Law Group The Arnold Law Group Divine & Estes, P.A. The Brennan Law Firm Fassett, Anthony & Taylor, P.A. The Elder Law Center of Kirson & Fuller Flammia Elder Law Firm The Fighter Law Firm, P.A. Forward Law Firm P.A. The Law Office of Michael L. Dear, PLLC Gans Law, P.A. The Llabona Law Group Gasdick Stanton Early, P.A. The Marks Law Firm, P.A. Giles & Robinson, P.A. The Skambis Law Firm GoodBlatt – Leo Warner & Warner, P.L. Green Family Law, P.A. West Family Law Group Hale, Hale & Jacobson, P.A. Wieland, Hilado & DeLattre, P.A. Harris Harris Bauerle Ziegler Lopez Wilson McCoy, P.A. Hilyard, Bogan & Palmer, P.A. Wooten Kimbrough, P.A. Hornsby Law Yergey & Yergey, P.A. Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al. Winderweedle, Haines, et al.
The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice.
•Legal Support Services•
Boehm & Boehm Forensic Media Consulting– Certified Comprehensive Litigation Support Solutions | Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 • 407-405-8483 • florian@boehmboehm.com Casetext – A smarter legal research platform that saves attorneys time and money through cutting-edge research tools, including artificial intelligence technology, comprehensive materials, and affordable pricing. OCBA members receive 15% off after a free 14-day trial at: https://info.casetext.com/orange-county. Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee | Clio.com/OCBA Cyber Centaurs –Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! | Andrew von Ramin Mapp • 39 Skyline Drive, #1009, Lake Mary, FL 32746 • 407-777-4540 • Andrew@cybercentaurs.com DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today! Milestone | Reporting Company – A full-service court reporting firm that can provide court reporters and legal videographers for all of your deposition needs. Milestone is the premier provider of Orlando court reporters and Tampa court reporters. Whether you need a realtime stenographer or a digital court reporter, we will provide a unique solution for your deposition, transcription, and legal video deposition needs. Schedule Our Services Today! | Evelyn@milestonereporting.com 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-4239900 Smith.ai – A superior virtual receptionist service for phone calls, website chat, and text messages. • (Our U.S.-based professionals answer calls and chats; screen and intake clients; schedule appointments; and take payments.) OCBA members get a free trial, $100 off the first month(s) of calls or chats with code OCBA100, 5% off bundled services, and 15% off annual plans paid upfront (otherwise, plans are month-tomonth). Learn more and sign up at https://smith.ai/member-benefits/orange-countybar-association-fl Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services. • Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership. | Jeff Werth • 407-334-8808 • Jeff.Werth@tr.com
•Professional Services•
Seacoast Bank – Your Florida community bank • Johanna Proctor • 250 N Orange Ave, Orlando, FL 32801 • 407-916-9804 | Johanna Proctor@seacoastbank.com Florida Lawyers Mutual Insurance Company – Created by The Florida Bar, Florida Lawyers Mutual provides high-quality professional liability insurance to help protect Florida lawyers and their clients, while providing personal service that no one can match. • 800-6336458 BoardroomPR – An Integrated Florida Law Firm Marketing & Communications Agency serving statewide full-service law firms, top specialized boutiques and one- and two-lawyer firms since 1989. | Michelle Griffith • 37 N. Orange Avenue, Suite 500, Orlando FL 32801 • 407-973-8555 • mgriffith@boardroompr.com
As an OCBA member, you can start saving today with NPP! Enroll today! National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. DentalPlans / 1-800-Flowers.com / ADP / American Express / Batteries Plus Bulbs / Cheryls Cookies / Harry & David / Hotelogical / HP / Office Depot / Omaha Steaks / PetFirst Pet Insurance / Priceline / Sherwin-Williams / Simply Chocolate / Skechers Direct / Staples Business / Verizon Wireless.... Visit mynpp.com for details.
The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors. PAGE 24
www.orangecountybar.org
theBriefs March 2021 Vol. 89 No. 3
T K–8th G Grades rades
on i s i c e d st y." l e i b m a e f h r T " ou r o f e d n, P.A. a o s m b o c we havrdeHale, IV - Hale, Hale & Ja ED TOUR — Rich
a
OR A F L L CA
NA PERSO
LIZ
407.849.1665 thechristschool.org 106 E. Church St. • Orlando 32801
Home of The Bridge: A Program Designed for Students with Dyslexia
Here’s to those who dare
When your client’s imagination leads to innovation, it’s time to partner with an expert. For more than 45 years, ADD+G has passionately represented clients in all aspects of intellectual property law. Let us partner with you.
to explore their imaginations. P AT E N T S
▪
TR ADEMARKS
theBriefs March 2021 Vol. 89 No. 3
▪
COPYRIGHTS
▪
S Q U A R E LY I N YO U R C O R N E R Orlando, Miami, Winter Springs Satellite Office: Jacksonville
AllenDyer.com ▪ 407-841-2330
LICENSING
www.orangecountybar.org
▪
IP
L I T I G AT I O N
PAGE 25
CLASSIFIED ADS EMPLOYMENT
ASSISTANT STATE ATTORNEY. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from experienced criminal attorneys for the position of Assistant State Attorney. ASAs prosecute criminal cases in circuit, county, and juvenile courts and must be willing to work in Orange and Osceola County. Only active members of the Florida Bar in good standing with at least five (5) years of criminal experience should apply at this time. If interested, please send a cover letter, resume, and final law school transcript via e-mail to Ms. Kelly Hicks at ASA-Recruiting@sao9.org. CIVIL LITIGATION ATTORNEY: Fassett, Anthony & Tay-
PAGE 26
lor, P.A. has an immediate opening for an attorney with 3-5+ years of litigation experience. Ideal candidate will be able to handle a variety of civil litigation matters from inception through trial. Excellent writing and communications skills necessary. Salary and bonus potential based on experience. Email resume to kcrumbaker@fassettlaw.com. DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fastpaced environment, excellent
compensation, great people to work with. Send your resume ASAP to mheaberlin@ gobelflakes.com. DE BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS, NEAL LLP D/B/A DSK LAW ESTABLISHED IN 1976 is one of the largest law firms in Central Florida with the office in Orlando, Tampa, Melbourne and Tallahassee and growing. We have an immediate opening for an Experienced attorney to service Legal Service Plans administered in its Orlando Office. The qualifications are that you must have 5+ years of experience in civil or criminal matters, transactional, document experience and being bilingual a plus. Exceptional customer service skills required for primarily telephone consultations,
www.orangecountybar.org
detail oriented with planning and organizational skills and ability to work independently. We offer a very competitive salary and benefit package and a positive workplace culture. Send your resume today! We are a smoke-free workplace. jellis@dsklawgroup.com. ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load. Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@ go belflakes.com.
theBriefs March 2021 Vol. 89 No. 3
HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial. Excellent salary and benefits package. Pls email resume to jean@hrkmlaw.com.
THE MARTINDALE LAW GROUP seeks an attorney with 3+ years of experience in first party insurance litigation. Candidates must have strong organizational and time management skills. Excellent oral and written communication skills. We offer benefits including 401K. Salary based on experience. Please email resume to Rick@ martindalePA.com.
INSURANCE DEFENSE FIRM handling first party property/liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/Mail resume to: Office Manager jmccallister@ rocklawpa.com, (407) 6479966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751
THE OFFICE OF MONIQUE H. WORRELL, STATE ATTORNEY FOR THE NINTH JUDICIAL CIRCUIT, IS CURRENTLY SEEKING A CANDIDATE FOR THE DIRECTOR OF PUBLIC CORRUPTION. In this role, the ideal candidate will oversee the Public Corruption Unit and the management of the Prosecutors and Staff assigned to the Public Corruption Unit. The Director of Public Corruption’s duties include, but are not limited to, the investigation and prosecution of crimes committed by law enforcement officers and appointed or elected officials. The selected candidate will be required to work on highly confidential matters involving potentially highprofile cases involving public servants and media sensitive investigations. Discretion and mature legal judgment is essential. Preference will be given to prosecutors with superior writing skills, significant trial experience, superior organizational and investigative skills and management skills. Preference will also be given to attorneys who have extensive experience handling criminal and/or civil cases involving public official or law enforcement misconduct and civil rights violations. A candidate’s background must demonstrate that they are willing to investigate and prosecute law enforcement or public officials where appropriate and try challeng-
KINSEY, VINCENT, PYLE, P.L., AN “AV PREEMINENT” RATED LAW FIRM IN DAYTONA BEACH IS SEEKING AN ATTORNEY with a minimum of 5 years of civil law experience to join our firm. Candidate must have experience in one or more of the following practice areas: business litigation, construction law, estate planning, business/corporate law or family law. Please submit your resume to: kvp@ kvplaw.com. All submissions will be held in strict confidence. SENIOR ASSOCIATE ATTORNEY WITH FAST TRACK TO PARTNERSHIP – Established DeLand law firm seeks Senior Associate with substantial knowledge of probate and guardianship matters, wills, trusts, and estate planning, elder law, real property transactions business and commercial law, civil litigation, and mediation. Please email your application, resume, and writing samples to email@delandattorney. com.
theBriefs March 2021 Vol. 89 No. 3
ing cases. Must have previous experience with prosecutorial or criminal defense law, government or police agencies, investigative experience, knowledge of government processes and ethical requirements for law enforcement and public officials is desirable and will be considered. Please send cover letter, resume and final law schoold transcript to ASA-Recruiting@ sao9.org.
OFFICE SPACE
DOWNTOWN WINTER PARK – 163 E Morse Blvd. Shared space perfect for a solo attorney and secretary – Two offices, shared use of conference room and kitchen. $1,600 per month, utilities and high-speed internet included. Fantastic location, steps from Park Avenue. Scott McMillen 407-843-0126 or scott@mcmillenlawfirm. com. DOWNTOWN WINTER PARK – 157 E. New England, suite 368. Private entrance, signage and windows. 2 large and 1 small office w frig and sink, as well as conference room accessibility. Potential referral source. $1,500 mo. – contact Don Mckeever 407 760-5330 FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of parking. 515 N. Ferncreek Jim Sears 407-2221554 jsearslaw@gmail.com. LAKE EOLA OFFICE SPACE FOR RENT. Includes bilingual receptionist, gym, free parking for clients, WIFI, conference room, maintenance, secretarial space, for $1,500 a month. For more info please call 407-792-1285 or jleon@ flusalaw.com.
Furnished Conference Room, Kitchen, Two Bathrooms, Oversized Reception. Approximately 1100 sq. ft. Call (321) 352-2016, sgmasonlaw@ gmail.com. LAW OFFICE(s) / OFFICE BUILDING: Lk Highland Prep area. Completely Renovated/Updated Old House (Circa 1926), HARDWOOD FLOORS/NEW WIRING, ETC. – Up to 6 offices available. Rent reduced. Parking included. (407)4731545. OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 6449801 or email brucew@ mdwpa.com. OFFICE SPACE FOR LEASE IN DOWNTOWN ORLANDO. 1515 E. Livingston St. Onsite Free Parking. Three offices with Kitchen, Restroom and Reception. Approx. 1000 sq. ft. Contact Jessica Travis at 407-233-3210 for more information. OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites. Parking included. Call or email: John at 407-425-2907; jkk@ keatlaw.com. PROFESSIONAL OFFICE SPACE FOR RENT. Kitchen. Ample Parking. Two conference rooms. Email Kristin at Kstaley@ crewsandpesquera.com. SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact Kristy@ kellyjuris.com.
LAW OFFICE RENTAL: 1643 Hillcrest Street, Two Miles from Courthouse, 1920’s Bungalow, Two Offices, Small
www.orangecountybar.org
PAGE 27
O C B A MARCH C a- APRIL lendar MARCH
2
Construction & Business Law Committee Major Arbitration in 2021 9:00 a.m. – 1:00 p.m. Virtual Professionalism Committee Meeting 12:00 p.m. – 1:00 p.m. Virtual
Law 1 1 Criminal Committee Meeting
12:00 p.m. – 1:00 p.m. Virtual Civil Rights Law Committee Meeting 12:00 p.m. – 1:00 p.m. Virtual Young Lawyers Section Board Meeting 5:30 p.m. Virtual
Member Perks Health and Wellness 3 Speakers: Nancy Weber 1 5 Committee and Lee Sasser 8:00 a.m. – 9:00 A.M. Virtual
8
Estate, Guardianship & Trust Committee Meeting 12:00 p.m. Virtual LAS Lunchtime Training Shedding Light on How Guardian Advocacy Can Reflect an Individual’s Ability to Make Decisions Prerecorded • LAS website Estate, Guardianship & Trust Committee Meeting 12:00 p.m. ShuffieldLowman
9
Lunch and Learn: Stress and Nutrition in the Time of Quarantine 12:00 p.m. – 1:00 p.m. Speaker: Dr. Tashia D. Reid Virtual
17
Appellate Law Committee Meeting 12:00 p.m. Lowndes Law
OCBA April Luncheon Law Week | Virtual April 22, 2021
12:00 p.m.-1:00 p.m. Co-host: OCBA Law Week Committee
Register by April 19, 2021
APRIL
Professionalism 6 Committee Meeting
12:00 p.m. – 1:00 p.m. Virtual LAS Lunchtime Training Where the Heart Is – Defending Against Eviction Actions Prerecorded • LAS website Paralegal Section Seminar Florida’s Construction Lien and Payment Bond Laws –Tips for Paralegals Assisting Attorneys with the Preparation of Required Notices 12:00 p.m. – 1:00 p.m. Virtual
8
Criminal Law Committee Meeting 12:00 p.m. – 1:00 p.m. Young Lawyers Section Virtual Luncheon Civil Rights Law 11:30 a.m. – 1:00 p.m. Committee Meeting Citrus Club (TBD) 12:00 p.m. – 1:00 p.m. Immigration Law Virtual Committee Seminar Young Lawyers Section Immigration Update for Board Meeting 2021 5:30 p.m. 12:00 p.m. – 1:00 p.m. OCBA Center (TBD) Virtual Lawyers Literary Estate, Guardianship LAS Lunchtime Society & Trust Committee Training GAL 12:00 p.m. Meeting Education Advocacy Book: The Alchemist, 12:00 p.m. for Dependent Children Paul Coelho ShuffieldLowman Prerecorded • LAS Virtual Lawyers Literary website Judicial Relations Society Health & Wellness Committee Meeting 12:00 p.m. Committee Meeting 12:15 p.m. Book: Squeeze Me 12:00 p.m. Orange County Carl Hiaasen Virtual Courthouse, 23rd Floor Virtual Professionalism Conference Room Executive Council Awards Ceremony (TBD) Meeting 12:00 p.m. – 1:00 p.m. Executive Council 4:30 p.m. – 6:30 p.m. Virtual Meeting Virtual (TBD) 4:30 p.m. – 6:30 p.m. Virtual (TBD)
19
23
10
13
24
14
25
PAGE 28
www.orangecountybar.org
Young Lawyers Section 16 Luncheon 11:30 a.m. – 1:00 p.m. Citrus Club (TBD)
2 Training 0 LAS Lunchtime May the Force Be with You – Your Child Welfare TPR Team Prerecorded • LAS website
Appellate Law 21 Committee Meeting 12:00 p.m. Lowndes Law
2 Luncheon 2 OCBA Law Week
11:30 a.m. – 1:00 p.m. Embassy Suites by Hilton Downtown Orlando (TBD)
OCBA Law Day 5K 24 Education Advocacy
7:00 a.m. Harbor Park at Lake Baldwin
Health & Wellness 28 Committee Meeting 12:00 p.m. Virtual
Please note that live OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.
theBriefs March 2021 Vol. 89 No. 3
PRSRT STD U.S. POSTAGE PAID ORLANDO, FL PERMIT No. 2530
880 North Orange Avenue Orlando, Florida 32801
Join us for an evening full of casino games, music, dancing, drinks and fun! The OCBA is working with the venue to take all necessary COVID-19 precautions so that we can enjoy this in-person event including requiring face coverings pursuant to Orange County Executive Order 2020-25. We are providing a very large event space for adequate social distancing and a restricted number of tickets will be made available to limit capacity. Tickets: $125 – Regular (per person) $100 – Government attorneys (and their guests). OCBA government member login required to obtain this rate. Rosen Shingle Creek has extended a $129++ room rate for OCBA Gala attendees, in addition to a 25% discount on golf and spa purchases. Please mention the Orange County Bar Association event while booking hotel services directly with the hotel (1-866-996-6338). Sponsorships available!
♦ ♣ Visit the OCBA website Social Events page to purchase tickets and sponsorships. ♠
Should the event be postponed or canceled due to the pandemic, refund options will be offered to ticket holders. Formal attire suggested.
♥ Proceeds benefit the OCBA Foundation.