Issuu

A Publication of the Orange County

Inside this Issue: President’s Message Bright Future for OCBA Wiley S. Boston, Esq.

May 2017 Vol. 85 No. 4

Professionalism Committee Remarks upon Receipt of the 2017 James G. Glazebrook Bar Service Award The Honorable Arthur B. Briskman

Bar Association

Solo & Small Firm Committee Why Go Out On Your Own? “YOU’RE DOING WHAT?” Melissa Moore Stockham, Esq. Captured in Photos: OCBA Professionalism Awards Ceremony 2017 OCBA Gala Evening with the Judiciary

March 2016 Vol. 84 No. 3

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PAGE 1

Contents 3

President’s Message Bright Future for OCBA Wiley S. Boston, Esq.

Legal Aid Society Coming to a Neighborhood Near You Larri T. Thatcher, Esq.

Professionalism Committee Remarks upon Receipt of the 2017 James G. Glazebrook Bar Service Award Professionalism: Listening to the Invisible The Honorable Arthur B. Briskman

Clerk’s Corner Orange County Clerk of Court’s 2017 Report to the Citizens Now Available Online Tiffany Moore Russell, Esq.

Chief’s Column In Appreciation of Jury Service The Hon. Frederick J. Lauten

Solo & Small Firm Committee Why Go Out On Your Own? “YOU’RE DOING WHAT?” Melissa Moore Stockham, Esq.

Feature UCF Mock Trial Teams Go to National Competitions: Support from Local Bars and Judges Helps Make it Happen Marc Consalo, Esq.

Legal Aid Society GAL Teaching Tips Psychotropic Medication: A Quick Guide to Proper Advocacy Marie M. Priebe, Esq.

Legal Aid Society What We Do... When Dependency and Delinquency Courts Form a More Perfect Union: Welcome Juvenile Unified Family Court! Kavita Sookrajh, Esq.

Associate Editors C. Andrew Roy, Esq., Catherine “Kate” Hollis, Esq. Hearsay Columnist Vanessa A. Braga, Esq. Side Bar Columnist Kimberly A. Lopez, Esq.

18-19

2017 OCBA Gala

YLS on the Move Jennifer A. Smith, Esq.

Evening with the Judiciary

OCBA February Luncheon

The Florida Bar President-Elect Forum

YLS on the Move Jennifer A. Smith, Esq.

Hearsay Vanessa A. Braga, Esq.

Paralegal Post Report on the Winter Meeting of The Florida Bar FRP Standing Committee Lori M. Spangler, FRP Grey Matters J. Scott Bain

New Members

Announcements

Classifieds

46 Calendar

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

OCBA Professionalism Awards Ceremony

DEADLINE INFORMATION

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w OFFICERS Wiley S. Boston, Esq., President Elizabeth F. McCausland, Esq., President-elect Richard S. Dellinger, Esq., Treasurer Mary Ann Etzler, Esq., Secretary w EXECUTIVE COUNCIL Jared A. Brooks, Esq. Philip K. Calandrino, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Jamie Billotte Moses, Esq., Ex Officio Brett R. Renton, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero

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

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President’sMessage

May 2017 A Wiley S. Boston, Esq.

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Bright Future for OCBA

s we approach the end of OCBA’s fiscal year, the state of our bar is strong. Financially, we are on track to finish in the black, consistent with our balanced budget for the year, and next year’s budget is under review by a dedicated committee. We have prudent capital reserves, and our budget and investments are conservative. Our committees are operating at an activity level that is at or near the maximum seen in recent history. Our room rentals and other non-dues revenue sources are strong. Membership continues to grow at targeted levels. Our Lawyer Referral Service is evolving to suit the needs of today’s attorneys and legal consumers and is under constant review by an active steering committee. The Young Lawyers Section continues its tradition of excellence in ways too numerous to mention, and our Paralegal Section remains active and engaged. Most importantly, our commitment to the Legal Aid Society of the OCBA, Inc. remains as strong as ever, with OCBA members having served thousands of clients of limited means in 2016 and 2017. There are always challenges. We continue to preserve a delicate balance of staying out of political matters or matters divisive to our membership, as a matter of policy, while at the same time supporting the judiciary and our members. In addition, questions may be appropriate at the national level about the overall future of our profession. The continuing new supply of lawyers seems to absurdly exceed demand. The OCBA will do its part to ameliorate this oversupply with training via mentorship programs and CLE. We are also working on a project to pair clients of modest means with less experienced attorneys as an outgrowth of the Lawyer Referral program.

This is my final “President’s Message,” and I would like to thank you, the members of the OCBA, for having given me the opportunity to serve as the president of our fine organization from 2016-2017. It has been an intensely rewarding experience. I have learned a great deal about the bar and the community and greatly enjoyed serving a bar association in which the members set a fine example by way of their demonstrated commitment to Legal Aid. We have much to be proud of, and the OCBA will continue to be a leader among bar associations for many years to come. Our members and the leaders who will follow me share a collective commitment to excellence and to giving back. Thank you to all of you in leadership roles; we benefit from having a highly functional executive council, officers, and committee chairs who have made it easy to manage the organization. Thank you, also, to Kim Homer, Esq., and the rest of the OCBA’s dedicated staff, and to Chief Judge Lauten and the other members of the judiciary for all your support of the OCBA’s programs. The OCBA’s future is bright because of all of your collective efforts, and I look forward to continued membership and participation. Wiley S. Boston, Esq., is a partner with Holland & Knight LLP. He is Board Certified in Real Estate Law in Florida and practices in the area of commercial real estate law, with emphasis on leasing of office, industrial, and retail properties, representation of developers of commercial projects, and real estate finance. He has been a member of the OCBA since 1996.

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S a v e t h e D ate 2017-2018



June 15, 2017 11:30 a.m.-1:00 p.m. The Ballroom at Church Street 225 South Orange Avenue, Orlando, Florida 32801

Join us for the installation of officers and board members of the Orange County Bar Association the Legal Aid Society of the Orange County Bar Association, Inc. the OCBA Foundation, Inc. the OCBA Young Lawyers Section and the OCBA Paralegal Section RSVP by June 12 through the OCBA Store Sponsored by First Green Bank, Orange Legal Litigation Support Services, LexisNexis

MARK YOUR CALENDARS

It’s Time to Update Your Photo for the OCBA Online

Membership Directory

RCL Portrait Design will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: Portrait Dates: July 10 - 28, 2017

An RCL representative will contact you in the near future to schedule an appointment. However, feel free to contact RCL directly at 800-580-5562 to schedule your sitting. All sittings are free of charge, and the photo you select for the Online Membership Directory will be published online at no charge. RCL will also take additional shots and provide you with an opportunity to purchase a photo package for your professional or personal use. We are pleased to bring you this free member service. RCL has produced professional portraits for more than 21 state and local bar associations and 22 medical facilities across the nation.

(For professional photos, appropriate dress is suggested. Ladies: a bold or bright colored long sleeved outfit. Gentlemen: a dark jacked and tie.)

PAGE 4 www.orangecountybar.org

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ProfessionalismCommittee Remarks upon Receipt of the 2017 James G. Glazebrook Bar Service Award

P The Honorable Arthur B. Briskman

Professionalism: Listening to the Invisible

rofessionalism is the manner an attorney conducts himself or herself with the public, in court, with colleagues, and particularly with their clients.2 Being a member of the legal profession has always been a high honor; with that honor comes significant corresponding responsibility to our community and its citizens. Professionalism has been defined as a commitment to service and the public good, including efforts to provide all persons, regardless of their means, with access to the law and the judicial system.3 My view of professionalism may be through a different prism than many of you. The bankruptcy courts are a unique component of our judicial system. We deal with individuals overwhelmed by everyday life and their financial obligations. They are in significant debt, usually by their own circumstances and decisions; but in many cases, it is based upon events beyond their control. Their efforts to deal with banks, mortgage companies, hospitals, insurance companies, the IRS, and other creditors have been frustrating and, in many cases, not productive. When these individuals are in foreclosure proceedings or other litigation in our federal or state courts, they usually have no defense or remedy because they frequently owe the creditor and are unable to pay the debt. A positive resolution to their situation does not seem available or feasible. I have been in the bankruptcy world for more than 40 years: as an attorney representing debtors, creditors, and trustees; as a judge; and as a child of a debtor in bankruptcy. Our court provides a unique forum for debtors to pay their creditors what they would receive in nonbankruptcy courts and obtain a discharge of their legitimate debts, or propose a plan to repay their creditors and, in many cases, save their homes and receive a fresh start. One hundred twenty thousand Chapter 7 debtors and 8,000 Chapter 13 debtors have received a discharge since 2001 in the Orlando Division. More than 3,600 debtors have received a permanent mortgage modification to save their homes since 2012. The most frustrating aspect of being a judge is witnessing attorneys who are not prepared to provide

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the adequate representation required – the very definition of the lack of professionalism. Our court can be difficult to navigate, particularly for individuals who have been frustrated when dealing with creditors and other courts and who feel “invisible” because they perceive no one was seeing them, listening to them, or helping them. More than 20% of our debtors are pro se, and many do not understand or speak English fluently. Our success is based upon the professionalism of our staff, trustees, and attorneys. The court is evolving to endeavor to listen and show the way. Not every litigant obtains the relief they envision, but most obtain a fresh start to deal with their financial situation and the world with a more positive attitude. Our voluntary attorneys in the pro se clinic, pro bono clinics, bench bar committees, and summits on particular aspects of the law are the vehicles to improve the access to and effectiveness of delivering justice to as many citizens as feasible. Most significant is the Bankruptcy Bar, without monetary compensation and with a substantial amount of their valuable time, assisting unrepresented individuals. They act as translators, giving individuals insight into the process and our procedures and pointing them in the right direction to better comprehend what can realistically be achieved, and in some cases, act as their counsel on a pro bono basis. Hundreds of voluntary attorneys participated in more than 1,000 counseling sessions by donating thousands of hours in our pro se clinic. Many times, all an individual, debtor or creditor, is looking for is someone to listen to them and explain what is possible, what is not, and why. Then they do not feel invisible. We try to accomplish this in our court, and it demonstrates the professionalism we all strive for as attorneys. The Honorable Arthur B. Briskman, United States Bankruptcy Judge for the Middle District of Florida, has been a member of the OCBA since 1993. The Honorable Arthur B. Briskman, United States Bankruptcy Judge for the Middle District of Florida. 2 Fla. Bar Standing Comm. on Professionalism, Professionalism Expectations, FLA. BAR, https://www.floridabar.org/ TFB/TFBResources.nsf/Attachments/1ACF11084FDADAA 285257DE7006B5511/$FILE/ Professionalism Expectations. pdf?OpenElement (last visited Feb. 15, 2017). 3 Id. 1

www.orangecountybar.org

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Clerk’sCorner

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

Orange County Clerk of Court’s 2017 Report to the Citizens Now Available Online

ransparency in government is one of the most important responsibilities of an elected official. That is why I am so excited to share with you that my office has completed the Orange County Clerk of Court’s 2017 Report to the Citizens. The report includes important information on our commitment to elevate the customer experience, leverage technology, increase access to justice, maintain the financial health of this office, be knowledgeable about trends in case filings, and expand our services. This year our new 2017-2020 strategic plan is outlined in the report, and our philosophy is to ensure we hold ourselves accountable to it. Each strategic goal reinforces our strong commitment to quality in all aspects of our work. While the majority of our work takes place within our offices, including maintaining court files, collecting fees and fines, and assisting the judiciary in the courtroom, we can’t be successful without going out to the community to have a meaningful dialogue with people who count on us.

One of my priorities continues to be an ambitious community outreach program to educate our community and expand access to justice for all. I’m very proud of the efforts highlighted in the Report to the Citizens, including my pledge to expand our outreach to a more diverse audience. I am so grateful for a dedicated and caring staff that enthusiastically seeks ways to improve our processes and customer service. Some of our greatest accomplishments started with ideas from front-line deputy clerks. I am also thankful to the OCBA for its continued support and partnership. I hope you’ll take some time to read the 2017 Report to the Citizens and see all we are doing to create positive experiences for our customers, partners, and the community. You can find our 2017 report on the Clerk’s Office website at www.myorangeclerk.com. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

PhotoOp Each year, Orange County Animal Services alone receives nearly 25,000 animals. More than 50% of the dogs and cats will be euthanized. Pet Alliance of Greater Orlando is working hard to combat those statistics. They save 10,000 dogs and cats every year and healed an additional 45,000 animals with their veterinary clinic. They work solely by donations from the communities and receive no funding from national organizations, such as the ASPCA or the Humane Society. OCBA member Michael Brady Lynch, Esq., gives a voice to those unable to speak for themselves. Just like people, animals desperately need someone to stand up for them and be that voice. Michael’s firm is dedicated to helping make that happen. On April 12, the firm presented a $2,500 check to Stephen Brady, director of Pet Alliance of Greater Orlando and adopted a dog, Rascal. Virginia Lynch (Michael Brady Lynch’s mother); Michael Brady Lynch, Esq,.; Stephen Brady (Executive Director, Pet Alliance); Rachel Luecht

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Chief’sColumn

In Appreciation of Jury Service

nnually, the first week of May is National Juror Appreciation Week. But for those of us who work in the judicial system, not a week goes by without appreciating juries and the citizens who comprise them. Jurors are the lifeblood of the justice system and play a vital role in the orderly and peaceful resolution of disputes. The judges of the Ninth Judicial Circuit Court are grateful for their service and deeply appreciate the sacrifices and contributions jurors make to our The Honorable Frederick J. Lauten justice system.

Chief Judge Ninth Judicial Circuit Court

The Ninth Circuit has launched a campaign of public outreach and education to raise awareness about the important role jurors play in our system of justice. I constantly urge employers to pay employees who are on jury duty to further ensure a diverse and representative group of jurors. The Ninth Circuit only mails summonses after carefully coordinating with judges to determine the need for jurors on a given day. We have also implemented policies and procedures to reduce the time jurors spend waiting to be placed on a panel. The Ninth Judicial Circuit Court, comprising Orange and Osceola counties, handles nearly 500,000 cases each year. While the overwhelming majority of those cases settle before going to trial, we still mail roughly 170,000 summonses to jurors to meet the need for jury panels. It takes an incredible amount of planning and organization to notify and process the large number of jurors who report each week to both courthouses to ensure that jury panels are available for trial.

For this reason, it is crucial that jurors respond quickly and affirmatively to their juror summons by reporting on their scheduled date. Mindful of the sacrifices people make in order to report for jury service, the Ninth Judicial Circuit Court provides award-winning jury assembly rooms, where our jurors have comfortable furniture, access to Wi-Fi, multiple electrical outlets and USB ports, storage lockers, and a cafeteria with vending machines, among other things. While jurors are waiting to be placed on a panel, jury staff maintains close communication with the judges to reassess the need for jury panels. Once the need for jury panels has been met, the remaining jurors are dismissed for the day. We ask citizens to make significant sacrifices by responding to their summons and serving on juries. The pay rate for jurors has not increased in years and many jurors make a financial sacrifice by responding to their summons. This is why we ask everyone in the court system to be sensitive to a juror’s commitment. I encourage you to keep these factors in mind when selecting a jury, so that justice can be dispensed quickly and efficiently, and jurors can return to leading their busy lives once the case has been resolved. These positive juror experiences assist in our public education efforts – perhaps we can even shift the perception of jury duty away from burdensome and time-consuming to rewarding and time-honored. During National Juror Appreciation Week and every week, jurors play the most important role in our system of justice. We honor all who devote time to participating in our jury system. While jury service may be an inconvenience to some, our system simply could not function without the people who set aside their work and personal lives to ensure that this cornerstone of American justice perseveres. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

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Solo & Small FirmCommittee

P Melissa Moore Stockham, Esq.

Why Go Out On Your Own? “YOU’RE DOING WHAT?”

ractically every mother of a lawyer who has decided to go out on his or her own has asked the horrified question: “You’re doing what?” It usually comes at the dinner table at Thanksgiving after everyone is full of enough tryptophan that the lawyer in question feels this is the time to break the news with the least amount of fallout from the family. When a mother asks that question, what usually follows is a full-blown defense of the decision that would rival any oral argument before the United States Supreme Court. And that’s because for many lawyers who decide to go solo, the defense of that decision feels just as important. It is a fair question. And most mothers of a precious law school graduate – the one they probably had to help through law school with care packages of cookies and favorite foods from back home and gift cards – have reason to be concerned. As the objections that will follow “the announcement” correctly point out, going out on one’s own is not without its challenges. Among them are the vast and often cut-throat competition, the lack of a guaranteed paycheck, the common perception that a lawyer who goes solo only did so because nobody would hire him, and the stress of knowing that the success of the business depends wholly upon the lawyer who has made that decision. So the question is a fair one. Why go out on your own? As chairperson of the OCBA Solo & Small Firm Committee, I have had a chance to meet and get to know many lawyers who have made this decision. We all agree that going this route is not without its challenges. But the positives are definitely present, even if overlooked by many. Among these positives are: Flexibility and Freedom Working for a law firm or a government agency has one significant drawback for many; it is an 8:00 a.m. to 5:00 p.m. job (which actually is a joke to those of us who work way past midnight), where you’re paid to be there and are penalized for not being there. If you’re young, unattached, and capable of working the long hours, this is fine. But for those who have or want families, or have other commitments, the appeal of going out on one’s own is highly tempting. For the most part, going out on your own means you can work your own schedule. If you are a morning person

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who gets his best work done before 10:00 a.m., you can finish your work and get on with your day. If you want to take a day off to chaperone your child’s field trip, there are no forms to complete and no sour faces to greet you for taking time off to be a parent. I once knew a lawyer whose main operational hours were 10:00 p.m. to 10:00 a.m. That would never work for me, but to each his own! That is only possible if you work for yourself. For a lot of people, this is the decision-maker. Autonomy There is also the appeal of being on your own. You are free to explore the type of law that interests you. You are free to style your law firm as you like it. If you want to be a statewide practice that goes everywhere from Miami to Jacksonville, you can. If you absolutely do not want to practice in a certain part of the state, you can refer any calls you get in that area to other lawyers. Because you call the shots, you make the decisions. This is a quality that for those who do not do well in a chain of command can make self-employment very interesting. When you’re on your own, you make the decisions. There is no need to send a decision up a chain of command because there isn’t a chain of command. When you’re on your own, you have the right (and the duty) to make the tough calls. The nice part about that is you can make decisions that are consistent with your values and only your values. For those who place a premium on living genuinely, this can be critical. Unlimited Earning Potential As the attorney who sets the fees, you can decide how much your time and advice are worth. Even in spite of market fluctuations, there is no actual ceiling on how much you can make. If you’re willing to do the work and the marketing, the sky truly is the limit. Well, it’s a funny story. Some of us became solo practitioners because of life circumstances. For me, this played a large part in it. It was 2004, and I had decided it was time to move on from the full-time job where I was, to put it mildly, not happy. About eight days after that, I found myself engaged. With a wedding date set in October and bills to pay until then and a law market that was pretty much saturated (although not to the degree it is now), I took on a case or two to keep the bills paid. Before

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too long, I realized I enjoyed being able to call my own shots, make my own decisions, and not have to provide justification to a supervisor for everything I did. I also, after a series of personal events, knew I could do just as good a job as a lot of my colleagues who were on their own. After two years in a government agency, I had the tools to successfully navigate a case through the system. And after those two years, I had the connections to ask someone for help if I needed to do so. Being on my own is a confidence booster. It isn’t always easy. I do have a sleepless night or two, and the formative months were not without their stresses. (Side note: if you do find yourself starting a law firm and planning a wedding in the same year, invest in a nutritional program that pre-

Major Seminars

See Announcements on page 33 for additional details

at the OCBA Center

ShuffieldLowman’s tax controversy team works with clients, their attorneys and their CPAs to help resolve the most complex tax compliance matters. When faced with controversial or complex tax matters, the tax team at ShuffieldLowman is dedicated to helping you reach a resolution as efficiently and effectively as possible.

Immigration Law Committee

Getting Down to Business: Business Immigration Options 9:00 a.m.-1:30 p.m. For more than 45 years, John DeLancett has helped taxpayers with problems ranging from criminal matters to offshore disclosures, audits, appeals, Tax Court litigation, liens, levies, and other collection issues.

Employment Law Committee Employment Law 2017 9:00 a.m.-2:00 p.m.

May 16

Solo & Small Firm Committee

Melissa Moore Stockham, Esq., Law Office of Melissa Moore Stockham, LLC, is chair of the OCBA Solo & and Small Firm Committee. Her firm’s practice areas are criminal, family, and guardianship law. She has been a member of OCBA since 2002.

Tax Controversy / Tax Disputes / Tax Litigation Civil & Criminal Tax Matters

May 2

May 5

If you’re on your own or are thinking of going out on your own, the Orange County Bar Association is a great resource. The Solo & Small Firm Committee meets once a month on the third Tuesday of the month at noon at the bar center. We offer CLE courses and usually have a catered lunch. Along with my co-chair, Tom Feiter, Esq., and of course the help of the CLE guru, Marie West, we strive to provide resources, networking, and assistance to the solo practitioner or lawyer in a small firm. Come by and see us some Tuesday soon!

pares your meals for you, and start an exercise program so you’ll look good in the wedding photos). But it is worth it. I like the fact that I am able to allow my values and beliefs to govern my practice. I like the fact that I get to work directly with my clients rather than going through a middle person. I like being able to make important decisions on the tough calls, as well as make the decisions that make me smile. One of my favorite decisions of the year is when to have the annual holiday party, what the theme should be, and which charity the holiday party will benefit. I have had a lot of help from great mentors and advisers for whom I’m truly grateful (I would name them but they would get embarrassed), and I hope I’m able to help other lawyers as well.

OrlandO

daytOna Beach

deland

tavares

407-581-9800 www.shuffieldlowman.com Expect more from your law firm.

TBD

May 23

Real Property Committee

Maria E. Espinosa, Esq.

TBD

Mediation ServiceS

May 31

Criminal Law Committee

Florida Attorney since 1987

Effective Use of Expert Testimony 9:00 a.m.-3:50 p.m.

Florida Supreme Court Certified Family Mediator since 2005

June 13

Veterans Committee

Veterans Court: Updates & Thoughts from the Orange/Osceola Justice System 10:00 a.m.-4:30 p.m.

June 21

Insurance Law Committee TBD

OCBA Store www.orangecountybar.org/products/seminars

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Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015

407-733-3662 espiesq@aol.com

Bilingual English/Spanish

I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution. –Thomas Jefferson www.orangecountybar.org

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Feature UCF Mock Trial Teams Go to National Competitions: Support from Local Bars and Judges Helps Make it Happen

W Marc Consalo, Esq.

hile most of the readers of this article chose to spend Saturday, February 18, 2016, sleeping, running errands, or enjoying the beautiful Central Florida weather, approximately two-hundred and fifty students from more than twenty schools from across the country arrived at the main campus of the University of Central Florida (“UCF”). But what drove these students to this locale was not thoughts of seeing Mickey Mouse or riding the newest ride with Harry Potter. No, what inspired these students to wake up so early on a Saturday morning were thoughts of opening statements, cross examinations, and closing arguments. This year the Legal Studies Department at UCF continued in its tradition of hosting the South Eastern Regional Tournament for the American Mock Trial Association. It is a tradition that has occurred for more than ten years, gathering college students from throughout the nation to compete for a place at the Opening Round Championship for Nationals (“ORCS”) in Decatur, Georgia. After four rounds and approximately forty-eight hours of competition, UCF’s Team Black earned a bid to that competition under the leadership of coaches Patricia Cashman, Esq., and Rachel Lowes, Esq. When asked what she liked best about the tournament, team captain Asima Choudhry, a sophomore at UCF and legal studies major commented, “Getting to meet and be judged by real attorneys is amazing. It really gives me an experience I cannot learn in a classroom.” Things were much the same the weekend of November 5, 2016, when UCF, along with Florida A&M (“FAMU”) College of Law, hosted the Regional Tournament for the American Moot Court Association. Of course, thoughts of opening statements and closing arguments were far from the minds of students this particular weekend. Rather, concerns over oral argument and questions of jurisdiction plagued the competitors as they prepared for their tournament. Here, too, under the guidance of moot court director Cynthia Schmidt, Esq., and coaches such as Jason Fiesta, Esq., three UCF teams earned bids to the National Tournament at Stetson University College of Law. Not surprising, since UCF’s program is ranked fifth in the nation. While these two programs have a lot in common, what cannot be overlooked is that their success is tied directly to the generosity of mem-

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bers of the Orange County Bar Association (“OCBA”) and the judges of the Ninth Judicial Circuit. Together, both tournaments require more than two-hundred judges to evaluate and critique students. While law students and faculty from both FAMU and Barry University Dwayne O. Andreas School of Law assisted, judges for the two competitions came primarily from two populations: our county and circuit court judges from the Ninth Judicial Circuit, and lawyers from the OCBA. They generously volunteer their time on Saturdays and Sundays to support the students. “We could not run our tournaments as successfully as we do without the help of the attorneys and judges from the community,” remarked Katie Connolly, the director for both tournaments and office manager at UCF’s Legal Studies Department. Recruitment for judges starts months in advance and, while CLE credit is awarded for both events for those who qualify, most individuals judge multiple rounds because of the joy of helping students. But volunteering to serve as competition judges it is not the only way members of the local bench and bar support UCF’s teams. Attorneys from throughout the community play a vital role by serving as coaches with different UCF teams to prepare them for the tournaments. These individuals receive no pay, drive miles to and from the main campus, and sacrifice many hours purely to teach their craft to eager students. “They’re just so grateful for the time we give them,” says assistant public defender Matthew Baker, Esq. “I can have a bad day at work and come here to bench with the kids and immediately my day improves.” Coach Matt, as he is called by the students, was in charge of trial team, Team White, this year, while Angela Wood, Esq., mentored Team Gold. The Moot Court Program was also fortunate enough to have Orange County Bar members Elizabeth Gillham, Esq., Craig Brams, Esq., and Vanessa Merassaint, Esq., rounding out their coaching staff. “The comment I always hear is how the judges say that the students are better than real life attorneys they see in court,” says Kaitlyn Sweeney, social networking coordinator for the Legal Studies Department who is also in charge of student volunteers for the tournaments. Indeed, while

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Legal Aid SocietyGAL Teaching Tips Psychotropic Medication: A Quick Guide to Proper Advocacy

S Marie M. Priebe, Esq.

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ometimes, serving as a Guardian ad Litem (“GAL”) requires you wear many hats: counselor advocate, investigator, and sounding board. What you’re thinking is true – you DO deserve more than just “J.D.” in your title! This cannot be any truer when it comes to representing the best interests of our children with profound mental health needs. Understanding their diagnoses can be daunting, and treatment becomes even less clear when delving into the world of psychotropic medication. Although you may not be a doctor, there are a number of sound tactics you, as a GAL, can employ to make certain your child receives the proper medication and treatment. Where should you start? First, get to know your child in the best way possible – meeting him face-to-face! Even if you have little experience with children, know with confidence that the single act of having an in-person meeting will immediately place you in high regard with the child; an adult professional cares enough to visit him. That feeling of improved self-worth goes a very long way with our dependent children. The Legal Aid Society of the Orange County Bar Association, Inc. staff will provide you with a host of case-specific materials to better understand your child. The most helpful of those is the Comprehensive Behavioral Health Assessment (“CBHA”). The CBHA provides details about the child’s background, medical history, behavioral history, and education. The report concludes with valuable recommendations based on the child’s individual needs. Through your advocacy, you can ensure these recommendations are followed. Second, become familiar with Florida Statute 39.407. This is your guidepost for the administration of psychotropic medication to foster children. It will help you determine whether a court order is needed for your child’s particular type of medication, what is needed before acquiring that court order, and whether an attorney ad litem should be appointed to represent the child’s expressed wishes. For instance, if your GAL client is prescribed psychotropic medication and a parent’s express consent is not provided, a motion for the administration of medication must be filed with the court to overcome required parental consent.

When you review this motion, you should pay special attention to the physician’s medical report that will be attached to the motion for your review. This report, completed by the prescribing physician, must include the child’s name, each proposed medication and dosage range, and the child’s diagnosed conditions. It must also indicate what information was reviewed by the doctor, what the supplemental treatment options are, and any additional relevant information, such as the medication’s known side effects. Although it may be hard to understand the medical nuances of the report, your legal background and some common sense will help you determine whether the information in the report is complete and well-reasoned. Some questions to ask yourself while reviewing the report are: did the physician have enough information to render an opinion? is each medication correlated to a diagnosis? and are there any alternative non-medicinal treatments recommended for the child? If after review you find you still need additional information, you can request to speak directly with the physician. Third, when trying to make a best-interests determination for your GAL client, it is important to know your resources and available recourse. When your J.D. and some common sense are not enough, the University of Florida College of Medicine’s UF MedConsults Line is available to provide consultation for a child prescribed psychotropic medication. The MedConsults Line is free of charge and will allow you, as the GAL, to speak directly with a physician. The physician can agree with the treatment plan, concur with modifications, ask for child-specific details to provide an opinion, or disagree with the treatment plan. It is a very useful tool and can provide reassurance that you are properly advocating for your client. What do you do when you disagree with the opinion of the prescribing physician? Begin by contacting the prescribing physician to address your concerns. If after speaking to the prescribing physician you are still in disagreement with the treatment plan, you may wish to call the UF MedConsults Line and contact the assigned Children’s Legal Services attorney to discuss your position. You could suggest modifications to the treatment plan, request a second opinion, or ask for an evidentiary hearing.

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Legal Aid SocietyWhat We Do... When Dependency and Delinquency Courts Form a More Perfect Union: Welcome Juvenile Unified Family Court!

2 Kavita Sookrajh, Esq.

Judge Frederick Lauten Judge Daniel Dawson

017 started on a high note as the Ninth Judicial Circuit launched a Unified Family Court (“UFC”) system to ensure integrated, cohesive care for children engaged in both the child welfare and delinquency legal systems. The highly anticipated UFC model combines all the crucial elements of traditional systems within the juvenile court into one entity. It also is a gateway to other resources, such as social services, which are critical to the resolution of a family’s problems. Unfortunately, many children in the child welfare dependency system are also involved in the juvenile delinquency system. In Orange County, approximately forty of our dependent children also have active delinquency cases. Because of the hard work and planning of various stakeholders, including Chief Judge Frederick Lauten and the juvenile court’s Administrative Judge Daniel Dawson, the UFC system debuted in January 2017 at the Orange County Juvenile Justice Center. Essentially, UFC’s objective is to address the needs of children with both dependency and delinquency involvement – “crossover” children – by including the key players across both systems so that everyone is able to openly and quickly determine the best rehabilitative approach for child participants. When asked about the launch of the UFC at the Juvenile Justice Center, Judge Dawson commented, Unified Family Court aims to try and handle as many of the family court issues in the same courtroom with the same judge. One judge handles the delinquency and dependency cases in Orange County. Dependency judges will handle the delinquency issues in the future. Unified Family Court is intended

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to better serve the child first, but also the family to ensure everybody is on the same page, including the judge, when decisions are made in both the delinquency and dependency case. That means, the judge knowing what is going on with each case and the prosecutor knowing what is going on in each case so whatever happens to the child will hopefully be the right thing. There have been instances where a prosecutor could have looked at a youth’s delinquency case quite differently if they knew the history and background of what the dependent child went through in their dependency case. Also, we will be in tune about what services might be available from the dependency arena that may not have been available. Since children who come into the dependency system because of abuse, abandonment, and neglect will have their dependency and delinquency matters heard by one judge, the UFC ensures the child’s entire historical background will be taken into consideration and the best corrective action will be crafted. In addition, handling matters in one court setting promotes judicial and fiscal economy by directing a comprehensive and cohesive communication routine among the stakeholders. As a result, the judge, state attorney, Child Welfare Legal Services attorney, Department of Children and Families (“DCF”) case manager, parent’s (or parents’) attorneys, probation officer, and the child’s Guardian ad Litem (“GAL”) work in tandem to coordinate services appropriate to the child. In Orange County, dependency judges Daniel Dawson and Timothy Shea will handle UFC cases. All children who have juvenile dependency cases will eventually have their companion delinquency cases consolidated and heard by one of these two judges. If the dependency case is still open when a child accrues a delinquency charge, then the delinquency case will be reassigned to the dependency divisions and be heard on Tuesday afternoons at 3:00 p.m. The two dependency divisions will rotate weekly. This is great news for Orange County’s GALs, who have long requested greater knowledge of their dependent child’s delinquency issues. GALs understand they can have a stronger and more immediate impact on their crossover child if they are able to participate in delinquency hearings. GALs are in a unique position to inform

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the court of a child’s dependency matters. With access to nuanced information about delinquency issues, GALs will be in a better position to talk to the child about these matters, such as plea options, and their long-term implications. Sometimes, this information is not conveyed to the youth. Current UFC child participants are those with new delinquency charges and new violation of probation cases. All existing delinquency cases will remain with the delinquency judges, unless the judge makes a determination that the case should be reassigned to the dependency division. And, unless there are co-defendants, the UFC judge will handle the delinquency trials, pleas, and disposition hearings. The dependency parties can bring information that may factor into the child’s sentencing, including recommended services as well as treatment options that have already been pursued. In a typical child welfare dependency case, DCF is required by law to provide service to all children in the system. UFC ensures the provision of services is comprehensive, seamless, and individually tailored to the child. Ideally, this system will prevent duplication of services. While GALs are typically appointed in the dependency case as the child’s best-interest attorney, this advocacy is transferrable in delinquency cases as well. GALs have served as an invaluable asset to the Ninth Judicial Circuit Juvenile Court over the years by providing fresh, accurate information to the courts based on

an established relationship with their child. Now that the court systems are consolidated, all information, including input from the GALs, will be at the court’s fingertips. The Legal Aid Society of the Orange County Bar Association, Inc. (“LASOCBA”) strongly recommends that GALs attend hearings for their crossover children, or, alternatively, communicate with Legal Aid staff to cover the crossover child’s hearing in the absence of the volunteer attorney GAL. We are happy to convey your best interest report and recommendation to the court. We are confident that, thanks in large part to the continued dedication of Orange County’s volunteer attorney GALs, UFC will ensure that families receive a comprehensive, holistic system of care needed to succeed in the juvenile justice court system – and beyond. Kavita Sookrajh, Esq., is a staff attorney for the LASOCBA’s Guardian ad Litem Program. For more information, please contact Kavita at ksookrajh@legalaidocba.org, or 407-841-8310 ext. 3162. For information about how you may financially support LASOCBA, please contact Legal Aid Society Manager of Development, Donna Haynes, at dhaynes@legalaidocba.org or 407515-1850. Kavita Sookrajh, Esq., is a staff attorney in the GAL Program with the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2006.

May 9, 2017

12:00 p.m.-1:30 p.m.

TPR Training

May 23, 2017

12:00 p.m.-1:30 p.m.

Family Law Issues

June 6, 2017

12:00 p.m.-1:30 p.m.

Serving Dependent Children with Developmental Disabilities

June 20, 2017

12:00 p.m.-1:30 p.m.

Defenses to Debt Collection and Garnishment

July 11, 2017

12:00 p.m.-1:30 p.m.

Keeping Children Safe Act / Sex Abuse & Chapter 39

July 25, 2017

12:00 p.m.-1:30 p.m.

Guardianship of the Person

August 8, 2017

12:00 p.m.-1:30 p.m.

Suitability Assessments

August 22, 2017

12:00 p.m.-1:30 p.m.

Panel on Ethics Issues for Pro Bono Attorneys

September 12, 2017

12:00 p.m.-1:30 p.m.

Equipping Children with Emotional Tools for Testimony, Reunification, and Parental Separation

September 26, 2017

12:00 p.m.-1:30 p.m.

Restoration of Rights

October 3, 2017

12:00 p.m.-1:30 p.m.

Adoption via Dependency Court

October 17, 2017

12:00 p.m.-1:30 p.m.

Family Law Issues

November 7, 2017

12:00 p.m.-1:30 p.m.

Impact of Early Childhood Trauma

November 14, 2017

12:00 p.m.-1:30 p.m.

TPS from Qualified Countries

December 5, 2017

12:00 p.m.-1:30 p.m.

TOPIC: TBD

December 12, 2017

12:00 p.m.-1:30 p.m.

Technology for Pro Bono Attorneys

Legal Aid Society of the Orange County Bar Association, Inc.

2017 Free Lunchtime Learnings CLE Applied for All Marks St. Senior Center 99 E. Marks St. Orlando, FL 32803

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org. theBriefs May 2017 Vol. 85 No. 4

www.orangecountybar.org

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Legal Aid Society

Coming to a Neighborhood Near You

he Legal Aid Society of the Orange County Bar Association, Inc. (“LASOCBA”) has a vibrant Community Education and Outreach Program. We are constantly seeking new partners in the community to help us reach more low-income residents. Our community education and outreach programs are designed with three goals in mind:

Larri T. Thatcher, Esq.

Larri Thatcher, Esq. Orange County Commissioner, Jennifer Thompson Meybelin Barrara

1. To educate individuals on the services provided by LASOCBA and how to access those services; 2. To educate on a specific legal topic; and 3. To bring our services to targeted neighborhoods or to targeted groups of vulnerable populations (e.g., senior citizens). For the past two years, LASOCBA has had the privilege of partnering with Orange County Commissioner Jennifer Thompson’s office in the Meadow Woods neighborhood on several community education events. Understanding her district’s needs, Commissioner Thompson works tirelessly to improve her constituents’ lives through multiple community projects and programs. In August of 2016, Commissioner Thompson held her sixth annual Backto-School event at The Meadow Woods Recreational Center. This event helps more than 1,000 families in need with necessary school supplies. According to multiple sources, more than 90% of Meadow Woods Elementary students qualify for a free or

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reduced-rate lunch. For the second year, LASOCBA was on hand at the event to talk to parents about our services and how to access our services. Another event held in Meadow Woods is Commissioner Thompson’s Three Kings Day event. This year for the first time, LASOCBA was able to participate. At the event on January 6, 2017, LASOCBA had three representatives on hand, and they collectively spoke to and distributed 150 brochures discussing our services. A staff attorney was on hand and was able to answer questions on family law and consumer matters. At both events, LASOCBA handed out schoolage books to every child who wanted one. More than 300 books were handed out over the course of the two events! LASOCBA has been fortunate to receive multiple donations toward the purchase of books. We also received a grant that allowed us to purchase the books for the cost of postage. The grant purpose was to increase book ownership for low-income children. Based on the poverty rates in the Meadow Woods neighborhood, we saw an opportunity to educate residents and increase their children’s book ownership. All of this was made possible by our partnership with Orange County Commissioner Thompson’s office. We are proud to partner with Commissioner Thompson to bring education and other services to Meadow Woods. As I mentioned in the beginning of this article, we are always looking for more partnerships and community events. As you are reading this article, if an event comes to mind at which you think LASOCBA could reach low-income individuals, please feel free to contact me and soon we could be coming to your neighborhood! I can be reached at 407-841-8310 ext. 3156, or at LThatcher@legalaidocba.org Larri Thatcher, Esq., Director of Intake, Outreach, and Community Education, Legal Aid Society of the Orange County Bar Association, Inc., has been a member of the OCBA since 1995.

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Recipient of The Florida Bar’s Henry Latimer Center for Professionalism 2016 Group Professionalism Award

New Lawyer Training Program

The Fundamentals of Practice in Orange County

August 4 & 5, 2017

OCBA New Lawyer Training Program

• Learn how to navigate the legal system from the experts –judges, court officials, & seasoned attorneys • Get tips on court procedures & processes • Learn the nuts & bolts of starting your own practice Before May 1, 2017: Earlybird Price: $150 – student or current OCBA member $175 Non-member After May 1, 2017: $175 – student or current OCBA member $195 Non-member

Includes breakfasts, lunches, receptions, & OCBA student membership! • 8.0 CLE

Enroll online today! www.orangecountybar.org or contact 407-422-4551, ext. 225

Sponsored by:

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REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

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

Michelle L. Bedoya, J.D. • B.A., Florida International University • J.D., Barry University School of Law • Licensed in Florida

• Medical Board Cases

• Administrative Hearings

• Opinion Letters

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Resident Rep. • DEA Defense

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

• Baker Act Defense

• Peer Review Defense

• DOH Investigations

• HIPAA Defense

• Commercial Litigation • Nursing Board Cases • ALF Defense

• Home Health Defense

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 16

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OCBA Professionalism Awards Ceremony March 10, 2017

Orange County Courthouse, Jury Assembly Room James E.C. Perry, Esq. (Florida Supreme Court Justice, retired); Charles T. Wells, Esq. (Florida Supreme Court Justice, retired), William Trickel, Jr. Professionalism Award recipient; Hon. Arthur B. Briskman, James G. Glazebrook Memorial Bar Service Award recipient; Karen L. Persis, Esq., Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award recipient

PHOTOS: Flo Boehm

Jane Briskman, Hon. Arthur B. Briskman, Rachel Briskman

Jackson Collins; Charles Wells, Esq.; Madison Greene Back: Cooper Collins; Dr. Shelley Collins; Linda Wells, Esq.; Ashley Wells Greene, Esq.

Charles T. Wells, Esq.; Wiley S. Boston, Esq.; Hon. Arthur B. Briskman; Kate Hollis, Esq.

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Duffy Kelber; Donna Kelber; Karen Persis, Esq.; son Jack; John Sheehan

www.orangecountybar.org

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PHOTOS: Flo Boehm PAGE 18

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2017 OCBA Gala February 25, 2017 Winter Park Racquet Club

Platinum Sponsors Beusse Wolter Sanks & Maire, PLLC Cole, Scott & Kissane, P.A. Holland & Knight LLP Gold Sponsors Carlton Fields Fisher Rushmer, P.A. GrayRobinson, P.A. Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. Law Offices of Wooten Kimbrough, P.A. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Shutts & Bowen LLP The Fighter Law Firm Upchurch Watson White & Max Winderweedle, Haines, Ward & Woodman, P.A. Silver Sponsors Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A. Colling Gilbert Wright & Carter Cooper Discovery Solutions First Green Bank Frank A. Hammer, P.A. Jill S. Schwartz & Associates, P.A. Kest Family Law, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Lindsey & Ferry, P.A. Lynx Legal Services, LLC Lytle & Barszcz Morrison Valuation & Forensic Services, LLC Palmer, Weiss, Grunor & Barclay Law Rumberger Kirk & Caldwell Shannin Law Firm, P.A. Bronze Sponsors Community Legal Services of Mid-Florida Dean Mead Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP Esquire Deposition Solutions, LLC First Choice Reporting Services, Inc. Forster Boughman & Lefkowitz Hon. Bob LeBlanc & Joanie Schuler LeBlanc InFocus Family Law Firm, P.L. Karen Persis, P.A. Law Office of Donna C. Hung, P.A. Law Office of Paul A. Bernardini Matthew G. Brenner & Alana C. Brenner Orange County Clerk of Courts Phil Diamond, Orange County Comptroller Richard Joyce, Central Florida Mediators, LLC Special Counsel The Orlando Family Firm Special Thanks

LexisNexis – Palm Reader Liz McCausland, P.A – King Cake Phipps Reporting – Décor Professional Litigation Support – Signage Small Business Counsel – Photo Booth U.S. Legal Support – Caricature Artist theBriefs May 2017 Vol. 85 No. 4

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Evening with the Judiciary March 9, 2017

Orlando Science Center “Dino Digs”

Wiley Boston, OCBA President Hon. Alice Blackwell

Hon. Maureen Bell Hon. Steve Jewett

Rachel Lowes, Esq.

Brett Renton, Esq.; Hon. Heather Pinder Rodriguez; Woody Rodriguez, Esq.; Hon. Jim Edwards

Keshara Cowans, Esq.

Hon. Janet Thorpe; Ava Doppelt, Esq.; Hon. Nancy Clark; Hon. Patricia Strowbridge

Brian Guppenberger, Esq.; Hon. Patricia Doherty; Clay Coward, Esq.

Jennifer Smith, Esq. Amber Davis, Esq.

Kristopher Kest, Esq.; Liz McCausland, Esq. Kim Webb, Esq.; Nick Shannin, Esq. Hon. Wilfredo Martinez; Hon. Gisela Laurent; Hon. Eric DuBois

Phil Calandrino, Esq. Darryl Bloodworth, Esq.

Gina Thomas, Esq.; Hon. Donald Myers, Jr.; Diva Geltzer, Esq. PAGE 20

Kathleen Shea, Esq. Amy Maitner Tiffany Campbell Brock Hankins, Esq. www.orangecountybar.org

Hon. Eric DuBois Michael Vaghaiwalla, Esq.

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OCBA February Luncheon February 23, 2017

The Ballroom at Church Street

Justice Peggy A. Quince, Florida Supreme Court Title sponsor: Orange Legal Litigation Support Services Supporting sponsors: First Green Bank, Lexis Nexis Justice Peggy Quince Florida Supreme Court

Jayde R. Coleman, Esq. Bill Schifino, Esq. President, The Florida Bar

Onchantho Am, Esq., recipient of the Legal Aid Society of the OCBA, Inc. 2017 New Lawyer Award of Excellence; Mary Anne De Petrillo, Esq.

Bennett Ford III, Esq.; Mark Horwitz, Esq.; Vince Citro, Esq.; Liz McCausland, Esq.; Cassandra Snapp, Esq.

Andrew Roy, Esq. Jessica Travis, Esq. Shaunda L. Brown, Esq., recipient of the Legal Aid Society of the OCBA, Inc. 2017 New Lawyer Award of Excellence; Mary Anne De Petrillo, Esq.

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Cathy Tucker, Esq.; Jabari A. Bennett, Esq., recipient of the Legal Aid Society of the OCBA, Inc. 2017 New Lawyer Award of Excellence www.orangecountybar.org

PHOTOS: Flo Boehm

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The Florida Bar President-Elect Forum February 23, 2017

The Ballroom at Church Street

Wiley Boston, Esq., OCBA President; Lauren Millcarek, Esq.; Lanse Scriven, Esq.; Michelle Suskauer, Esq.; Amber Davis, Esq.

Michelle Suskauer, Esq. The Florida Bar President-Elect candidate

Lanse Scriven, Esq. The Florida Bar President-Elect candidate

PHOTOS: Flo Boehm

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YLS on the move

Jennifer A. Smith, Esq.

ere are a few of the things we have been up to: On March 9, 2017, YLS hosted its annual Evening with the Judiciary event at the Orlando Science Center. YLS members and friends gathered and mingled with judges and other practitioners in the prehistoric “Dino Digs” exhibit hall. Drinks and food were served and a good time was had by all. Congratulations to Brock Hankins, Esq., who chaired the event. Our April luncheon was held on April 21, 2017, at the Citrus Club. April’s speaker was Karen Persis, Esq., recipient of the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award, who spoke on the topic of professionalism. Karen is a past YLS president. She spoke about the importance of finding “your people” to assist you in navigating the practice of law while maintaining professionalism. Karen was nominated for this award by the YLS board of directors. On April 28, 2017, YLS members gathered for their Third Annual Charity Pub Crawl. All profits collected were used to feed the homeless in downtown Orlando. Pub Crawlers started at Chillers and crawled their way to Underground Public House, Bar B, and Hooch. Thanks to Miguel Acosta, Esq., and Rafael Rodriguez, Esq., for their continued efforts serving the social committee, and thanks to all the YLS pub crawlers who turned out for a great cause. On April 29, 2017, YLS membership gathered for their first Wills for Heroes event. YLS received a grant from The Florida Bar Young Lawyers Division in January at the Affiliate Outreach Conference to support this new program. Young lawyers with various practice areas gathered to provide free wills and estate work for veterans and first responders. YLS is pleased to announce that Jill Simon, Esq., has been named president-elect designate for the YLS year 2018-2019. Congratulations Jill! Stay tuned for these upcoming YLS events:

May 6, 2017 – Great Oaks Village Field Day. Join the YLS in making a difference in the lives of local children in need at the Great Oaks Village. Great Oaks Village is a residential foster community for kids who have been removed from their homes because of neglect, abuse, or other reasons. This event, one of the longestrunning for YLS, gives us a chance to give back to the kids by having a field day with them and spending some fun, positive, and interactive quality time through different activities. Those activities include soccer, tug-of-war, kickball, bounce house, make-up lessons, arts and crafts, and a cookout. We are also expecting Orlando City to make an appearance for the kiddos. So please join us on Saturday, May 6 to help the kids have a great day. All are welcome to attend, including your significant other, your children, and non-attorneys. May 18, 2017 – YLS Dodgeball Tournament. Our 7th Annual Dodgeball Tournament will take place at the First Presbyterian Church of Orlando, 106 E. Church St. The cost is $100 per team; teams can be 6-10 people (6 people play at a time). Friends and family ages 18+ are welcome to play. Look for more information in upcoming YLS email blasts. May 19, 2017 – May Luncheon. Gather with your YLS colleagues at the Citrus Club from 12:00 p.m. to 1:00 p.m. During this special luncheon, YLS president Brett Renton, Esq., will recap this past year’s events and recognize board members and committee chairs with awards for their service. Several past YLS presidents will be on hand to offer words of wisdom to Keshara Cowens, Esq., as she assumes the YLS presidency. We’ll hear from Keshara about her exciting plans and aspirations for the 2017-2018 year. June 16, 2017 – June Luncheon. We’ll meet as usual from 12:00 p.m. to 1:00 p.m. at the Citrus Club for another delicious lunch as we welcome our speaker, Andriana Lineras, from LawTech Partners. July 14, 2017 – July Luncheon. Do not miss this luncheon! Our guest speaker will be Zack Zuroweste, Esq., 2017-2018 president of The Florida Bar Young Lawyers Division. Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

Lawrence G. Mathews Jr. Young Lawyer Professionalism Award recipients: Elizabeth McCausland, Esq. (2008); Kristopher Kest, Esq. (2016); Karen Persis, Esq. (2017); Anthony Sos, Esq. (2015); Nicholas Shannin, Esq. (2005); and LaShawnda Jackson, Esq. (2014)

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Hearsay...

Vanessa A. Braga, Esq.

rior to President Eisenhower’s proclamation, the first of May was known in some parts of the world as International Workers’ Day – a day of observance and reflection on the struggles of workers in their fight for better wages and working conditions. In 1958, President Eisenhower declared May 1st as Law Day, stating: “In a very real sense, the world no longer has a choice between force and law. If civilization is to survive, it must choose the rule of law.” As we recognize Law Day this year, so we recognize the achievements of our fellow Orange County Bar Association judges and attorneys. Without further ado, I present to you this month’s “Hearsay”: Professional Awards, Accolades, and Achievements Ashley C. Winship, Esq., of Winship Law, P.A., was appointed to the Ninth Circuit Grievance Committee by The Florida Bar. Ashley is one of the newer members of The Florida Bar’s Grievance Committee. She, along with five other attorneys and three non-attorneys, make up the Grievance Committee “C” and will review complaints and decide whether there is probable cause to believe a lawyer violated the professional conduct rules. Congratulations! Karen Persis, Esq., of the Law Office of Karen Persis, P.A., was awarded the OCBA Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. The award recognizes an attorney in practice for less than fifteen years whose conduct and career stands as a model of success built on unquestioned professionalism. Richard D. West, Esq., of the West Family Law Group, was selected as a 2017 Super Lawyer. Richard has been included in Florida Super Lawyers since 2006. Shane T. Herbert, Esq., also of the West Family Law Group, was selected as a 2017 Rising Star. David W. Henry, Esq., a shareholder in the Orlando office of Marshall Dennehey Warner Coleman & Goggin, P.C., co-presented a CLE seminar titled “Casting Light on the Dark Art of Mediation.” The seminar explored innovative strategies for preparing lawyers and clients for mediation and for improving mediation advocacy. The seminar was presented to the Trial Lawyers and Alternative Dispute Resolution (ADR) sections of the 2017 Florida Bar Winter Meeting held in Kissimmee, January 25-28. Ryan E. Davis, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., was recently elected president of the Central Florida Bankruptcy Law Association. The organization is a non-profit organization that supports the collegial and professional practice of bankruptcy law in the Orlando

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Division of the Middle District of Florida, encompassing Orange, Osceola, Seminole, Lake, and Brevard counties. Community Involvement Jim Vickaryous, Esq., of the Vickaryous Law Firm, has been elected the 2017 president of the Central Florida Trial Lawyers Association (“CFTLA”). The organization is a voluntary professional association of hundreds of trial lawyers in Central Florida who strive for the highest standards of practice. Lyzette SanGermain, Esq., mediation counsel at Lyzette SanGermain, P.A., has been reappointed to the board of trustees at Mead Botanical Garden. Mead Botanical Garden is a 48-acre urban oasis, which is touted as “Winter Park’s natural place.” She cordially invites her fellow OCBA members to contact her if they are interested in a walking tour of the garden. In March 2017, Judge Fred Schott taught several hundred students at Indian Trails Middle School about the importance of the U.S. Constitution as part of the Justice Teaching (“JT”) program. JT strives to educate students by promoting an understanding of Florida’s justice system, demonstrating the effective interaction of our courts, and helping students develop critical thinking abilities and problem solving skills. Susanne Meehle, Esq., managing partner of Meehle & Jay, was named to the board of directors of the Greater Sanford Regional Chamber of Commerce for 2017. Susanne was inducted at the annual Chamber Gala on January 20, 2017. She has served on the Small Business Development Committee since 2015. The chamber was established in 1921 and focuses on creating and fostering a dynamic business climate for a higher quality of life for community members. On the Move Three attorneys with the Orlando office of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., were promoted to shareholder. Congratulations to Jennifer R. Dixon, Esq., Ronald D. Edwards, Jr., Esq., and Michael S. Provenzale, Esq., on the recent promotions. Jennifer is in the firm’s litigation practice group, handling both litigation and appellate cases; Ronald handles complex business, banking, contract, and real property litigation; and Michael represents clients in the firm’s creditors’ rights practice area. Akerman LLP recently promoted two attorneys in its Orlando office to partner: Paul Ettori, Esq., and Kimberly Lopez Narbona, Esq. Paul dedicates his practice to the financial services sector, and Kimberly represents banks, lenders,

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secured creditors, and other financial institutions in commercial litigation. Bradley P. Blystone, Esq., of Marshall Dennehey Warner Coleman & Goggin, P.C., was named the managing attorney of the firm’s Orlando office. Bradley practices in the area of medical negligence, amusement, sports and entertainment liability, premises liability, automobile liability, and professional negligence. Robert Garcia, Esq., and Amanda J. Podlucky, Esq., also of Marshall Dennehey, were elevated to shareholders. Robert is a member of the firm’s professional liability department, defending professionals and businesses in a variety of claims. Amanda represents clients in premises liability and automobile negligence matters. Christopher E. Brown, Esq., has joined Quintairos, Prieto, Wood & Boyer, P.A., as an associate. Christopher focuses his practice on commercial and administrative litigation with an emphasis on nursing home and assisted living facility defense and health law. Ben Newman, Esq., and Julie Tyk, Esq., joined Wilson Elser’s Orlando office, representing medical practitioners and facilities in medical malpractice matters and assisting their clients navigate federal and state healthcare regulatory environment areas. Jamie M. Blucher, Esq., joined Winderweedle, Haines, Ward & Woodman, P.A., practicing in the areas of general commercial litigation and bankruptcy. Five attorneys have joined the Orlando office of Dean Mead, including Thomas “Tom” Wert, Esq., Michael Furbush, Esq., and Anna Ketcham, Esq. Tom is Board Certified in Construction Law by The Florida Bar and practices in the area of business litigation. Michael represents clients in complex, commercial matters in state and federal courts throughout the country. Anna focuses on commercial litigation in both state and federal courts. Congratulations to all on your promotions and career changes. As always, the “Hearsay” column is for use by all OCBA members. If you have any news, or would like to share news about your fellow OCBA members, please feel free to e-mail it to vanessa.braga@ qpwblaw.com. Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of nursing home and assisted living defense litigation, premises liability, and medical malpractice defense. She has been a member of the OCBA since 2014.

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Invite your colleagues to join the OCBA today! Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! For more information, please contact the membership department at 407-422-4551, ext. 225. theBriefs May 2017 Vol. 85 No. 4

The Orange County Bar Association is pleased to provide you with a list of vendors that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.

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Florida Lawyers Mutual Insurance Company – Created by The Florida Bar to provide high quality professional liability insurance and guaranteed personal service! 541 E. Mitchell Hammock Rd., Oviedo, FL 32765 • 800-633-6458 mailbox@flmic.com The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

www.orangecountybar.org

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ParalegalPost

T Lori M. Spangler, FRP

he Florida Bar Florida Registered Paralegal (“FRP”) Standing Committee convened at the 2017 Florida Bar Winter Meeting on Friday, January 27, 2017. The committee is grateful to the paralegals who attended the meeting and provided the committee with their thoughts and ideas. Wayne Smith, Esq., an attorney from Key West, was appointed by The Florida Bar Board of Governors as liaison between the board and the FRP Standing Committee. Wayne attended the January meeting, pledged the continued support of the Board of Governors for the committee, and voiced his commitment to assist in moving the FRP Committee forward. A new paralegal social event is on the horizon and I wanted to update you on this exciting development! First, the FRP Committee is looking at ways in which it may improve communication and support for paralegal members on a statewide basis. The committee thought it would be a great

U J. Scott Bain

Report on the Winter Meeting of The Florida Bar FRP Standing Committee opportunity for all FRPs to participate in the All Member Reception to be held during 67th Annual Florida Bar Convention at the Boca Raton Resort & Club. The reception will be held immediately following the FRP Committee meeting, which is tentatively being planned for Thursday, June 22, 2017. The committee encourages you to attend both the meeting and reception to become better acquainted with the FRP Standing Committee members, other FRPs from throughout the state, and attorneys. Details regarding the June 2017 meeting and reception are forthcoming, so please be on the lookout for the information. I look forward to seeing you at future FRP Committee meetings and The Florida Bar Annual Convention! Lori M. Spangler, FRP, a paralegal with Greenberg Traurig, P.A., has been a member of the OCBA since 1994.

Grey Matters

pon first meeting my former boss and mentor when I interned for him, I was struck by how wrong my expectations of him were. This is not to say he differed fundamentally from what is assumed of a career politician; he still had the demanding, authoritative confidence and ability to grab the attention of a room by simply entering it that exemplify the archetypical lawmaker. Rather, he differed in that he attacked issues with the tenacity and youthful joy of a politician only envisioned, never realized. The optimistic vigor with which he approached his work was born of a fundamental curiosity with all unknowns in the world. Curiosity of this type is not uncommon among those who seek positions of leadership, but it is often accompanied by a single-minded drive to achieve for one’s own good. Instead, my mentor chose to use that drive to help others in achieving their own goals by improving their quality of life. I clashed with Commissioner Lee Constantine on many issues, but this curiosity-driven need to help others through comprehensive improve-

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ment is where we found common ground and, ultimately, how we forged on. To be clear: I have the utmost admiration and respect for Lee. During the time I interned for him, I developed professionally and personally. He taught me not only about the nuances of modern politics, he taught me how to present myself, how to take responsibility for everything from my work to my words, and how to drive myself forward even when the end was not always clear. “I was shown how to be an effective person.” This is the response I offer when asked about my time working for Lee, and it is so fundamental that people often miss how sincere I am in stating that fact. Both directly and indirectly he has schooled me in the practice of working hard, building a legacy, and generally leaving the world better than I found it. “One day I will mold that lump of grey matter into a brain!” he would jokingly say whenever I showed myself to be the kid-without-a-clue that I was when I first started working with him. Even

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when he was frustrated with me and we were at odds, this statement always reassured me, because it let me know there was an end to all of this. I would be better for it in the end. Working for a Seminole County commissioner was a unique experience. Local government work offers a level of constituent interaction that other elected positions do not. I found myself speaking at length with constituents about issues with which they were very familiar. The residents are a passionate and engaged group of voters that are well acquainted with local politics. Because of this, they are much less beholden to bipartisan politics. As a political science major, my first reflex when meeting people is to begin categorizing their interests and values so I can get an idea of their political leanings. When meeting constituents at events with Lee, I quickly realized that these residents were refreshingly moderate, especially during the recent election cycle. Elections typically exacerbate partisan conflicts. Against the near-perfect backdrop of a unique county with engaged residents, Lee works in a way that suits his constituents and himself. Their appetite for knowledge of policies that affect them directly, and Lee’s hands-on approach to policymaking, dovetail to make for a transparent, straightforward relationship. As an office associate, I had the opportunity to see this relationship at both extremes. As his bread and butter issues, Lee often finds himself advocating quality of life issues for the residents of Seminole. This often comes in the form of holding up land use decisions in the Commission so that the residents can be heard and agreements can be reached. I have been to a meeting

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between a homeowner’s association and a developer that Lee set up and mediated. Eventually an agreement was reached between the parties, and the land use change went through. Prior to that meeting, I had received and processed several lengthy, strongly-worded emails from residents concerned that the new development would ruin the natural beauty of their neighborhood. The actual result of the meeting was a written agreement between the developer and homeowner’s association stating that the new development would not go beyond a set unit density. The developer was planning on doing this in the first place. However, Lee had to step in and ensure

that the residents were represented. There was no way he was going to let someone make a change to their neighborhood without their knowing fully what the change would be. The amount of time and effort Lee devoted to ensuring that everyone was on the same page says a lot about the work of a public servant. Lee not only accepted the work – he rose to the challenge. I know I still have much to learn and a while to go to gain that same appetite for helping others. I am still unformed grey matter in that regard, but I am not done learning. J. Scott Bain is an operations support specialist for Orange Legal Litigation Support Services. He is preparing to take the LSAT.

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Legal Aid SocietyGAL Teaching Tips the initials after your name. You are his ad-

Feature

And last, in any situation involving a dependent child, always know that it is the Legal Aid Society’s pleasure to assist you at any time and in any manner. In due course, the best interests of the child will prevail. Being a Guardian ad Litem may not be easy, but it can be incredibly rewarding. When representing a child with mental health needs, you are truly tasked with advocating for our community’s most vulnerable. You may think you are not equipped to take on such a great responsibility, but be assured that you can do so with just a bit of knowledge and help. To the child you serve, you are more than just

the quality of the college students who compete in these tournaments is unquestioned, it is never lost on any of the faculty and staff at UCF that the success of the program is based on the generosity of our legal community. If you are interested in volunteering with the UCF Moot Court or Mock Trial programs, or would like to judge one of these tournaments in the upcoming year,* please contact Marc Consalo, Esq., the coordinator for Experiential Learning and Online Education at UCF’s Legal Studies Department, at marc.consalo@ ucf.edu. *Moot Court competition will be held the weekend of November 4, 2017, and Mock Trial competition will be held the third weekend in February 2018.

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vocate; you are his champion. For more information, please contact Marie Priebe, Esq., LASOCBA, Inc., GAL staff attorney, at mpriebe@legalaidocba. org, or 407-841-8310. For more information about how to become a financial donor, contact Donna Haynes, Manager of Development at dhaynes@legalaidocba. org, or 407-515-1850. UF MedConsults Line: 1-866-453-2266

Marie M. Priebe, Esq., is a GAL staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2014.

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Marc Consalo, Esq., coordinator for Experiential Learning and Online Education at UCF’s Legal Studies Department, has been a member of the OCBA since 1999.

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New M embe rs Attorneys Robert T. Adams Chavelys Y. Alers Vanette Augustin Cory Beetley Blake A. Bonsack Holly M. Derenthal Correy B. Karbiener Thomas M. Ladyman Rachel Mattie Carly M. Newman Martha A. Pardo Ashley D. Parker Alicia S. Perez Jennie B. Schwartz Carol B. Shannin Madonna M. Snowden

Law Students

Jossie Torres Jared Q. Windham Mikhal Wright Harris I. Yegelwel

Judicial Magistrate Tesha S. Ballou

Associate J. Leonard Fleet

Affiliates Dana Broxterman Judy A. Cane Anne C. Fisher Jennifer L. Leete Carole S. Moore Lora C. Trowell

Ginna P. Arevalo Caroline Ramos Fischer Jessica K. Gifford Elaine K. Lindo Christina A. Lynd Roger M. Powell Noemi Samuel Del Rosario Roderrick E. Thomas Jeremy S. Waller Marina S. Zorina

Thank you to the following OCBA members who referred new members! Lori Spangler, FRP FAMU Law Nicholas Shannin, Esq. Kimberly Sanchez, Esq. Kristopher Kest, Esq. R. Frank Melton II, Esq. Edward J. Schwob, III, Esq.

Paralegal Students Alina M. Porter Nathan P. Ryan

Is your ﬁrm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225. Allen, Norton & Blue, P.A. Frank A. Hamner, P.A. McDonald Toole Wiggins, P.A. Amy E. Goodblatt, P.A. Gasdick Stanton Early, P.A. McMichen, Cinami & Demps PLLC Anderson & Ferrin, Attorneys at Law, P.A. Giles & Robinson, P.A. McMillen Law Firm, P.A. Anderson Hew, PLLC Harris Harris Bauerle Ziegler Lopez McShane & McShane Law Firm, P.A. Arwani Nava Law Firm, PLLC Heatwole Law Firm, P.A. Meenakshi A. Hirani, P.A. Banker Lopez Gassler P.A. Higley & Szabo, P.A. Meglino Morse Law, LLC Barrister Law Firm, P.A. Hilyard, Bogan & Palmer, P.A. Men’s Divorce Law Firm Benitez Law Group, P.L. Hornsby Law Morgan, White-Davis & Martinez, P.A. Beshara, P.A. Infocus Family Law Firm, P.L. Murphy & Berglund, PLLC Billings, Morgan & Boatwright, LLC Jill S. Schwartz & Associates, P.A. Murrah Doyle & Wigle P.A. Bodiford Law Group Keating & Schlitt, P.A. N. Diane Holmes, P.A. Burr & Forman King, Blackwell, Zehnder & Wermuth, P.A. O’Mara Law Group Carr Law Firm, P.A. Korshak & Associates, P.A. Ossinsky & Cathcart, P.A. Cole, Scott & Kissane, P.A. Kosto & Rotella, P.A. Pates Law Group, P.A. Colling Gilbert Wright & Carter, LLC Law Offices of Amber Jade F. Johnson, P.A. Provencher & Simmons, P.A. Cullen & Hemphill, P.A. Law Offices of Brent C. Miller, P.A. Ringer Henry Buckley & Seacord, P.A. Cynthia Conlin & Associates Law Offices of Mark L. Horwitz, P.A. Roman V. Hammes, P.L. DeCiccio & Johnson Legal Aid Society of OCBA, Inc. Rumberger, Kirk & Caldwell P.A. Dellecker Wilson King McKenna Lewis & Crichton Sasser & Weber, P.A. Ruffier & Sos, LLP Lim & Associates, P.A. Sawyer & Sawyer, P.A. Divine & Estes, P.A. Lynn B. Aust, P.L. SeifertMiller, LLC Faddis & Faddis, P.A. Marcus & Myers, P.A. Small Business Counsel Fassett, Anthony & Taylor, P.A. Marshall, Dennehey, Warner, Southern Trial Counsel Fisher Rushmer Coleman & Goggin Stovash, Case & Tingley

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