Orange County Bar Association - The Briefs - May 2015

A Publication of the Orange County

Jamie Billotte Moses, Esq. OCBA President 2015-2016

Bar

Nicholas A. Shannin, Esq. OCBA President 2014-2015

Inside this Issue: President’s Message Interconnectivity to the Future Nicholas A. Shannin, Esq.

May 2015 Vol. 83 No. 4

Professionalism Committee

Remarks on Receiving the 2015 William Trickel, Jr. Professionalism Award Herbert L. Allen, Esq.

Appellate Practice Committee Shoulda Woulda Coulda: Avoiding Missed Deadlines to Appeal Orders Entered in Probate or Guardianship Cases Stacy J. Ford, Esq. Family Law Committee The Bare Essentials of Becoming a U.S. Citizen France A. Lopez, Esq.

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Contents 3

16

President’s Message Interconnectivity to the Future Nicholas A. Shannin, Esq.

Legal Aid Society GAL Teaching Tips GAL Pleadings: The Top Four All-Stars Bethanie A. Barber, Esq.

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17

OCBA February Luncheon Professionalism Committee Remarks on Receiving the 2015 William Trickel, Jr. Professionalism Award YLS Evening with the Judiciary Herbert L. Allen, Jr.

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the Briefs

Associate Editors David A. Meek, Esq., Elizabeth Collins Plummer, Esq. & Téa Sisic, Esq.

18-19

Hearsay Columnist Christine A. Wasula, Esq.

20

Side Bar Columnist Sunny Lim Hillary, Esq.

OCBA Annual Winter Wine & Cheese Social Appellate Practice Committee Shoulda Woulda Coulda: Avoiding Missed Deadlines to Appeal Orders Entered in Hearsay Probate or Guardianship Cases Christine A. Wasula, Esq. Stacy J. Ford, Esq.

YLS on the Move Family Law Committee Chanel A. Mosley, Esq. The Bare Essentials of Becoming a U.S. Citizen France A. Lopez, Esq.

Paralegal Post Clerk’s Corner Why Do People Join Professional Organizations?

Pro Se Self-Help Center Will Increase Meredith Gibson Zornek, FRP Access to the Courts Tiffany Moore Russell, Esq. New Members

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24 27

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29

Legal Aid Society Florida Supreme Court Honors Orange County Attorneys

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Legal Aid Society Teaching Tips Types of Income Maintenance Available to Very Low Income Clients Edward A. Dimayuga, Esq.

15

Legal Aid Society What We Do...

Special Immigrant Juvenile Status Ana Berna Roberts, Esq. Donna A. Haynes

©2015

Co-Editors Vincent Falcone, Esq. & Carrie Ann Wozniak, Esq.

Rainmaking Inspect What You Expect – Part 3 Michael Hammond, Esq.

31

Announcements

32

Classifieds

36 Calendar

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

Marketing & Sponsorship Coordinator Amanda Nethero

DEADLINE INFORMATION

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

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

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President’sMessage

May 2015

Interconnectivity to the Future

C Nicholas A. Shannin, Esq.

Nick Shannin, Esq. and Jamie Billotte Moses, Esq. 2014 OCBA Bench Bar Conference

My goal of improving our conarol Burnett sang, “I’m so Past, Present, Future nections to each other and our glad we’ve had this time toConnecting with tomorrow community through our OCBA gether” to close each show.

My Orlando Lawyer Online Good times were had, the show Gives us strength today Directory is a two-year project, was indeed over, but not for long, as another show would surely follow the which I may have started and should launch this month, but it is Jamie with the follow through next week.

So it is that where one bar year closes, another is that will make it go! right on its heels. And if done right, the transition There are Jamie’s fingerprints on everything will be smooth and the next show even better we’ve done this year (well, at least the succesful than the one you just watched. And so it shall be! things!). An example is the focus on the Gala Why? For starters, you are about to get an amaz- this year – expertly pulled off at the Dr. Phillips ing leader. Jamie Billotte Moses, Esq., has been Center for the Performing Arts by the amaza great friend of mine for longer than we’ve been ing Jill Schwartz, Esq., and Kimberly Webb, lawyers. No, we didn’t go to law school together, Esq. – by devoting a long-term plan to switch though her Irish played my years, Gala with Bench/Bar, to avoid conflicts Gators while we were law with time and sponsors. This is where Jamie’s students. (I forget the score. strength is greatest – a broad vision for the fuLet’s say it was a tie!) Instead, ture health of the bar. I could not have asked we studied for the bar to- for a better president-elect, and I greatly look gether, our bar prep course forward to her phenomenal year to come. being a far better bonding One other word about this interconnected bar opportunity than anything of ours. As smart as I believe it to be to have a our later duty on Young multi-year vision shared between bar leaders, it Lawyers or the Legal Aid So- can’t and won’t happen without a bar staff that can make it so. And ours did, and is doing, and ciety might accomplish.

The result – one year on the will do – past, present, future, these are people books with goals accom- who can be relied upon to make the impossible plished, at least in part, and happen, and the possible appear easy. I started another year where the goals only get loftier, but the year with the amazing Brant Bittner, and I the promise greater. And the connection? No, close the year with the didn’t-miss-a-beat amaznot that we’re both Board Certified Appellate ing Kim Homer as our “new” yet completely in types (though how unlikely is that in back-to- command executive director. It’s as though the back bar leaders?). Instead, the connection is a bar staff had been fully interconnected to allow very intentional interconnectivity, past-present- the transition to be so seamless! So thank you, future, to give both years more meaning and Kim, and thank you Jamie, for everything you’ve done to make this last bar year work, and for all strength than they would have on their own. the great work we all look forward to joining My goals were not my goals. (Okay, the 5k was, alongside of as the even brighter 2015-2016 unbut that was an easy sell to Ms. Triathlete Jamie! folds. ’Tis not adieu but merely au revoir from And thanks be to the amazing team of Nikki me; it was a privilege to serve and to continue to Rodeman and Tony Sos, Esq., who answered serve as part of Jamie’s new year! the call with zeal in bringing home an incredible Law Week AND an unbelievable inaugural Interconnectedly yours, OCBA Law Day 5k!) Instead, these goals were really OUR goals. Increasing the focus on committees has been something Jamie has worked on tirelessly this past year, and so her continuation and improvement of integrating the “committee minute” at bar meetings and her support of each of our 20+ substantive committees will be a continuing theme, seamlessly woven.

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

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ProfessionalismCommittee

B Herbert L. Allen, Esq.

Remarks on Receiving the 2015 William Trickel, Jr. Professionalism Award

y any measure, Bill Trickel was a remarkable lawyer. In 1963, he was elected president of the University of Florida student body and, just a few years later in 1970, was elected president of the OCBA. Bill chose to practice in the field of health care law, serving as one of the organizers and the first chairman of The Florida Bar’s Health Law Section. Bill also served two terms on the Board of Governors. He filed amicus briefs with the Florida Supreme Court and the Eleventh Circuit on important health-related issues.

Since his passing in 1996, his client, Florida Hospital, has honored Bill with its William Trickel Volunteerism Award and named one of its buildings in Maitland after him. The Health Care Section of The Florida Bar also identifies with him in its William Trickel Jr. Memorial Writing Contest; and, of course, the OCBA honors Bill’s memory with this professionalism award. I am humbled to receive the award this year.

I began my journey down the private practice path here in Orlando in 1972, after having worked for three years as an in-house patent attorney for RCA in New Jersey. My coming here coincided with the arrival of talking mice, ducks that quacked in English, a flying elephant, and a bevy of beautiful princesses, all of whom reside in a magical kingdom south of Orlando.

I had the good fortune to have received an offer to join Bob Duckworth’s firm; Bob immediately became my mentor and eventually my law partner. Early on, Bob and I had many conversations about the private practice of law. On the subject of client relations, Bob made clear that it was the client’s business and property at issue; that the client’s goals should be identified at the outset and analyzed again from time to time; that we need to weigh the outcome of each event against the client’s goals; and that we communicate with the client often. These early discussions also centered on: contacts with referring attorneys; meticulous record-keeping; timely client billing; and other financial aspects of private practice. To this day, I can remember many of his comments in these training sessions. Bob encouraged me to be active in the bar and, of course, it was a given that I would join the OCBA and participate in its Legal Aid program. After a number of years, I was asked to serve on a grievance committee. In my view, serving on a grievance committee is a good way to set one’s professional compass.

By the mid-to-late 1970s, I had settled into an office practice drafting patent and trademark applications, occasionally emerging to handle litigation matters. My first serious taste of trial practice was serving as second chair for Bob in a non-jury patent infringement case in Fort Myers before Judge Ben Krenzman. This case was unique, because our client – the accused infringer – was the sole inventor on the patent he was accused of infringing. During the trial, I observed Bob demonstrating the results of careful preparation and quiet confidence while extending professional courtesies not only to the judge but also to the court personnel, opposing counsel, and all of the witnesses. I have a vivid recollection of Bob courteously objecting to a question posed

by Judge Krenzman to a witness. The judge sustained Bob’s objection, and at the lunch break the judge told Bob that this was the only time he had ever sustained an objection to his own question.

Bob’s efforts resulted in a favorable decision for our client. Bob later served as second chair and first mentor for me in an unfair competition jury trial in Orlando before Judge John Reed. In that case, there were difficult witness interrogation and evidence issues. Fortunately for me, Bob was by my side to skillfully guide me through those issues to a satisfactory outcome.

During a chance meeting with Judge Walt Komanski, who was then the director of Legal Aid, I expressed a good-natured complaint about the types of cases I had been assigned by Legal Aid. Judge Komanski told me not to worry, that Legal Aid had a new program and he would send a new case shortly. Within days, I received a Guardian ad Litem (GAL) case involving an infant girl who bore significant evidence of physical abuse.

I remained the GAL for this little girl and her later-born sister for five years and have since handled other GAL cases. These gave me the opportunity to appear in juvenile court, where I observed a somewhat different form of justice being carried out but with the same expectation of professionalism from the judges and by the lawyers practicing there.

Being an engineer by training, I won’t attempt to wax philosophical on the subject of “professionalism.” For that, I believe that we need to consult the teachings of “the Ancient Philosophers” – Plato, Aristotle, and Leon Handley, Esq. Seriously, Leon – the 2010 recipient of The Trickel continued page 10

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Appellate PracticeCommittee Shoulda Woulda Coulda: Avoiding Missed Deadlines to Appeal Orders Entered in Probate or Guardianship Cases

P Stacy J. Ford, Esq.

ossibly no type of civil case presents so many opportunities to appeal orders entered than probate and guardianship proceedings. In most civil cases, the question of whether to appeal arises only upon entry of a summary or final judgment. The rest of the case simply builds to one of those conclusions, with most orders entered along the way being non-final and non-appealable until entry of a judgment at the end.

Probate and guardianship cases, however, often involve a slew of discrete issues giving rise to various appealable orders, each relating to the decedent’s estate or ward’s person or property, but otherwise lacking interconnectedness. And the end of the case is often a long-time coming. Guardianship cases, in particular, can remain pending for years when the ward is permanently incapacitated but physically healthy.

As a result, lawyers involved in these cases do not enjoy the luxury of waiting until the conclusion of the case to consider whether and when to appeal.

They must constantly be vigilant to the question of whether an order entered is “final” for purposes of appellate jurisdiction and deadlines.

ers underwent the frustration of filing premature appeals out of an abundance of caution.

That history led the Probate and Trust Litigation Committee of The Florida Bar to conduct extensive research and produce a thorough, 38-page white paper on the issue of what constitutes an appealable, final order in probate and guardianship proceedings. On the basis of that work, the committee drafted a proposed version of new rule 9.170 and submitted it to the Appellate Court Rules Committee (ACRC) for its consideration.

With some tweaks, the ACRC approved the proposed rule 9.170, and the Supreme Court of Florida adopted it in November 2011.

Similar to the prior rule, rule 9.170 provides for appeal of orders that “finally determine a right or obligation of an interested person.” But it takes an important step further and provides a list of 24 specific examples of such orders, as follows: (b) …orders that: (1) determine a petition or motion to revoke letters of administration or letters of guardianship;

The British humorist Douglas Adams, who wrote The Hitchhiker’s Guide to the Galaxy series, is quoted as saying: “I love deadlines. I like the whooshing sound they make as they fly by.”

(2) determine a petition or motion to revoke probate of a will;

No attorney wants to hear the fading “woosh” of a deadline to appeal that already flew by or to have to tell a client that such a deadline is “jurisdictional” and cannot be extended by either agreement of counsel or a court order. Thus, any attorney handling probate or guardianship cases should become familiar with at least one Florida Rule of Appellate Procedure: rule 9.170.

(4) grant or deny a petition for administration pursuant to section 733.2123, Florida Statutes;

Rule 9.170 became effective in January 2012. Prior to its enactment, a more general rule provided for appeals from “orders… that finally determine a right or obligation of an interested person as defined in the Florida Probate Code.”1 When applying that rule, the courts often used another phrase: “a party’s right of appeal arises when there is a termination of judicial labor on the issue involved as to that party.”2 Over time, the wide variety of probate and guardianship orders that might fall in or out of that definition produced a significant body of case law. And, perhaps not surprisingly, its application produced conflicting decisions as to some types of orders. As a result, some counsel experienced the woe of missed deadlines, while oth-

(3) determine a petition for probate of a lost or destroyed will;

(5) grant heirship, succession, entitlement, or determine the persons to whom distribution should be made; (6) remove or refuse to remove a fiduciary; (7) refuse to appoint a personal representative or guardian; (8) determine a petition or motion to determine incapacity or to remove rights of an alleged incapacitated person or ward; (9) determine a motion or petition to restore capacity or rights of a ward; (10) determine a petition to approve the settlement of minors’ claims; (11) determine apportionment or contribution of estate taxes; (12) determine an estate’s interest in any property;

(13) determine exempt property, family allow-

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ance, or the homestead status of real property;

its review jurisdiction under Florida Rule of Appellate Procedure 9.400.)

(14) authorize or confirm a sale of real or personal property by a personal representative;

It also should be noted that, while many of the types of orders listed in rule 9.170 are broadly described to both grants and denials of certain motions, some are more limited.

For example, the Fifth District held that an order denying a guardian’s motion for discharge following the ward’s death was not appealable under rule 9.170, despite that subsection (b)(22) lists orders that “discharge a fiduciary.”4 Had the order granted the motion, it surely would have been appealable.

(15) make distributions to any beneficiary; (16) determine amount and order contribution in satisfaction of elective share; (17) determine a motion or petition for enlargement of time to file a claim against an estate; (18) determine a motion or petition to strike an objection to a claim against an estate; (19) determine a motion or petition to extend the time to file an objection to a claim against an estate; (20) determine a motion or petition to enlarge the time to file an independent action on a claim filed against an estate; (21) settle an account of a personal representative, guardian, or other fiduciary; (22) discharge a fiduciary or the fiduciary’s surety; (23) award attorneys’ fees or costs; or (24) approve a settlement agreement on any of the matters listed above in (1) - (23) or authorizing a compromise pursuant to section 733.708, Florida Statutes.

This list is invaluable to the attorney whose order plainly constitutes one of the enumerated types. He or she no longer needs to research the extensive body of case law that defines when an order “finally determine[s] a right or obligation of an interested person.” Rule 9.170 may be the first and only stop to make in the path to answering the question: Is this an appealable order?

But even if an order appears to fall within the list, the best practice would be to perform at least some brief research to determine whether any court has discussed that particular subsection in recent case law. Such case law may reveal important nuances. For example, in the first appellate decision citing to the new rule, the First District held that an order determining the amount of an attorney’s fees award does not fall within subsection (b)(23), which lists orders that “award” attorneys’ fees.3 The First District noted that the fees were “awarded” in a prior order and were only “assessed” in the order sought to be appealed. (The good news for that appellant was that the court nonetheless treated the notice of appeal as invoking theBriefs May 2015 Vol. 83 No. 4

It provides: “The court may review any ruling or matter related to the order on appeal occurring before the filing of the notice of appeal, except any order that was appealable under this rule.” This provision appears, on its face, to address what additional orders can be reviewed together with a final order on appeal. But remember that wooshing sound of a deadline passing by? The language of subsection (e) on which to focus is “except any order that was appealable under this rule.” That means, if an order entered more than 30 days prior fell within the scope of rule 9.170, it should have been appealed then. There is no second chance.

This distinguishes orders under rule 9.170 from non-final orders under rule 9.130 and partial final judgments under rule 1.110, which may be appealed either within 30 days of rendition of the order or judgment, or later as part of an appeal from the final judgment in the case.

The same Fifth District decision teaches another lesson: Do not look solely to the title of the order to determine whether it falls within rule 9.170. Instead, consider its substance. In that case, the order denying discharge also determined the ward’s sole ownership of certain assets, against the guardian’s claim of joint ownership. Without specifically noting subsection (b)(12) of the rule (“orders that… determine an estate’s interest in any property”), the court held the order was appealable because of that ruling.5

The most important lesson to take away from all of this is that each and every erroneous, adverse order entered in a probate or guardianship case should be immediately analyzed to determine whether it is appealable under rule 9.170. If so, it should be appealed within 30 days of its rendition, lest you hear that woosh pass you by.

If the order at issue does not clearly fall within the list, does that mean it is nonfinal and cannot be appealed? No, not necessarily. It is important to remember that rule 9.170 provides a non-exclusive list, prefaced by that important phrase “include, but are not limited to.” An order may not be described within the list but may still “finally determine a right or obligation of an interested person.”

Stacy J. Ford, Esq., is the Managing Member of Litigation and Appeals Advocacy, PLLC, and chair of OCBA’s Appellate Practice Committee.

She enjoys a broad civil appellate practice while also handling many trial court level matters in the fields of estate and trust contests, guardianship and elder exploitation cases, contract and business disputes, and real property-related litigation. She is AV rated by Martindale Hubbell and served as a staff attorney to former Justice Charles T. Wells of the Supreme Court of Florida.

She has been a member of the OCBA since 2007.

Likewise, rule 9.170 specifically provides that rules 9.100 and 9.130 may still be applicable. Rule 9.100 concerns petitions for writs of mandamus, prohibition, quo warranto, certiorari, and habeas corpus (which, in English, translate to “call an appellate lawyer”). And rule 9.130 enumerates certain non-final orders that nonetheless can be immediately appealed.

Fla. R. App. P. 9.100(a)(2) (1996-2011).

E.g., Klingensmith v. Ferd & Gladys Alpert Jewish Family, 997 So. 2d 436, 437 (Fla. 4th DCA 2008).

3 Carrithers v. Cornett’s Spirit of Suwannee, 93 So. 3d 1240, 1241 (Fla. 1st DCA 2012).

4 Karr v. Vitry, 135 So. 3d 372, n.1 (Fla. 5th DCA 2014).

5 Id. 1 2

Returning to rule 9.170, a significant ramification of subsection (e) should be noted.

Maria E. Espinosa, Esq. Mediation ServiceS Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator

Bilingual English/Spanish www.orangecountybar.org

407-733-3662 espiesq@aol.com

PAGE 7

Family LawCommittee

B France A. Lopez, Esq.

The Bare Essentials of Becoming a U.S. Citizen

ecoming a U.S. citizen is the greatest privilege for any person who has been granted the status of lawful permanent residence (typically known as LPR) of the United States. The naturalization process is overseen by the federal agency, United States Citizenship and Immigration Services (USCIS). An applicant for naturalization must meet the following requirements: • Be 18 years of age or older; • Have permanent resident status; • Continuously reside in the United States for five years (or three years if permanent residence was based on marriage to a U.S. citizen); • Reside in the United States for half of the five years (or half of the three years if applicant is married to the U.S. citizen); • Demonstrate good moral character for the last five years; and • Pass the English and government test (also known as the civics test).

The requirements appear to be basic. Some of them, however, if not properly reviewed with the client, can lead to denial for naturalization or, even worse, the applicant can be placed in removal proceedings and potentially deported from the United States.

The Application for Naturalization (N-400) can be easily found on the USCIS’s website.1 The N-400 was revised in 2014 and is now a 21-page application. Only a person who is 18 or older may apply for naturalization.2 Very narrow exceptions may apply to the age requirement. The applicant will demonstrate possession of lawful permanent residence by submitting a copy of the “green card” with the application. Be aware that USCIS will review how the applicant became an LPR to make sure that the basis for the granting of this status was legitimate.

As an example, if the permanent residence status was based on marriage, USCIS will review to ensure that the marriage exists. A couple that is living separately will raise questions and invite more scrutiny versus the couple that continues to reside together. A person married to a U.S. citizen who was granted LPR status can apply within three years after the approval.

One of the best practices to have when completing a naturalization application is to request a PAGE 8

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Federal Bureau of Investigation (FBI) Identity History Summary – often referred to as a background check or criminal history record – on the client. State background checks will limit the search, while the FBI search will be more thorough. It is an inexpensive way to ensure that many of the pitfalls in this process can be eliminated. For more information on how to obtain an FBI background check on your client, visit the FBI’s website.3 An FBI background check will reveal whether your client has a criminal history. Some clients have selective memories or forget their encounters with law enforcement.

The consequences of failing to remember an arrest (whether a conviction resulted or not) or any type of criminal case (minor or major) will have a devastating effect on the naturalization process.

The disadvantage of not having a clear picture of a client’s criminal background can lead to submittal of an incomplete application followed by a denial from USCIS, or a referral to removal proceedings. If the client’s background reveals a criminal history, it is important to stop and analyze the charge(s), the outcome of the case, and when it occurred. The analysis that goes into this must be thorough, because if the client is not properly advised and proceeds with a naturalization application, the application could be denied, and depending on the criminal history, it could propel the client into removal proceedings before the Executive Office of Immigration Review (EOIR).

LPRs applying for naturalization must demonstrate the required continuous residence in the United States. If the lawful permanent residence was established through marriage to a U.S. citizen, the required period is three years. All others who received LPR status must continuously reside in the U.S. for five years. For the LPRs seeking citizenship on the three-year mark should be advised that the USCIS will inquire about the marriage and seek documentation that confirms that the marital union continues to exist.

The types of documents that satisfy this inquiry would include and not be limited to: birth certificates of the children, joint tax returns, joint bank statements, leases, and mortgage documents. In addition to this, applicants must also be living for at least three months in the “State or Service District” that has jurisdiction over the applicant’s place of residence.4 Do not confuse the continuous presence requirement with the physi

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cal presence requirement. The physical presence requirement simply means that the applicant was present in the United States for at least half of the three-year or five-year period. As an example, half of the five year period would be thirty (30) months or the equivalent of 912 days. Verifying the exact time outside of the United States is as simple and tedious as counting how many departures and entries are logged in the applicant’s passport. Beware of the client who tells you he lost his passport and cannot accurately recall his trips. It happens! The best practice would be request via Freedom of Information Act (FOIA) a travel history from the U.S. Customs and Border Protection for the list of entries and departures of the particular applicant.5 Unfortunately, this process can take several weeks. Making your request specific sometimes helps this federal agency locate the information within a quicker timeframe.

The naturalization applicant must demonstrate good moral character. This is typically referred to as GMC. The USCIS Policy Manual defines GMC as “character which measures up to the standards of average citizens in the community in which the applicant resides.”6 Again, the period of this review will be for the three- or five-year period. Be aware, however, that the USCIS officer has the discretion to extend the period of review. This is where the background check on the client plays a crucial role. Know the client’s history. This is the pitfall area where one wrong analysis could launch the client into not only being denied naturalization, but also having the potential to be placed in removal proceedings.

Absolute bars in showing GMC would include: • Convicted of murder;7 • Convicted of an aggravated felony on or after November 1990;8 or • Engaged in persecution, genocide, torture, or severe violations of religious freedom.9 Conditional bars to showing GMC would include prostitution, smuggling, conviction of two or more gambling offenses, earning income from gambling, habitual drunkenness, and failing to pay child support. These are just some of the acts that can bar naturalization.10 Confirmation that the applicant is current on any monetary obligations is an important step. The USCIS will also ask for the copies of U.S. tax returns and/or certified copies of the tax transcripts for the entire statutory period (three- or five-year period). It is important that the tax returns have been properly filed and that the applicant is not past due on any tax obligations.

The naturalization interview will include any questions the USCIS officer may have about the naturalization application. It is at this time that the applicant will be expected to pass the English and civics test.11 The usual practice is that the applicant will be expected to read and write one sentence in English. The civics test involves ten questions, which will test the applicant’s knowledge and understanding of the fundamentals of history, principles, and form of U.S government. Answering six questions correctly is sufficient to pass the civics test. The USCIS website provides excellent and free study materials for the exam.12 If the applicant fails any portion of the English and/or civics exams, the applicant will be rescheduled for testing within sixty to ninety days. The retesting shall only be on the portion which the applicant failed. For example, if the applicant passed the civics test but failed the English test, only the English portion of the exam will be re-administered. If the applicant has a medical disability that impedes his or her ability to take the English and civics tests, USCIS Form N-648 should be completed. Additionally, theBriefs May 2015 Vol. 83 No. 4

age and years of residence may exempt an applicant from taking the English test. For example: An applicant who is fifty years or older and has resided in the U.S. for at least 20 years at time of filing shall be exempt from the English test. The civics test will be administered in the applicant’s choice of language with an interpreter.

An applicant who is fifty-five years or older and has resided in the U.S. for at least 15 years at time of filing shall be exempt from the English test. The civics test will be administered in the applicant’s choice of language with an interpreter.13 Once the application has been approved and the applicant has passed the English and civics tests, unless an exception was approved, the applicant shall have to take the full oath of allegiance to the United States. Through this oath, the applicant affirms his or her willingness to support and defend the U.S. Constitution and be willing to bear arms, perform noncombatant service, or perform work of national importance. Modified oaths and waivers are allowed.14 Assisting a client in becoming a U.S. citizen can be one of the most gratifying elements of practicing immigration and nationality law. Depending on a client’s background, as discussed above, it can be relatively easy to very complex. Depending on the uncovered mines as discussed in this article, sometimes it is correct to advise the client to place a fast halt on his or her quest to become a U.S. citizen. Hopefully, your experience will be to have a client who easily meets the requirements for naturalization and relish in the accomplishment of having helped many to become United States citizens.

France A. Lopez, Esq., Attorney at Law, has been a member of the OCBA since 2010.

See http://www.uscis.gov/us-citizenship.

8 C.F.R. § 316.2 (a)(1).

3 See http://www.fbi.gov/about-us/cjis/identity-history-summary-checks.

4 The term “State” includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Mariana Islands. See USCIS Policy Manual, Volume 12, Ch.6 located at www.USCIS.gov.

5 See https://help.cbp.gov/app/answers/detail/a_id/1730/~/foia-and-travel-history 6 See USCIS Policy Manual, Vol. 12, Part F, c.1.

7 INA § 101(a)(43)(A).

8 INA § 101 (a)(43), see also 8 C.F.R. § 1316.10(b)(1)(ii).

9 INA § 101(f )(9).

10 INA § 101(f ) and 8 C.F.R. § 316.10.

11 8 C.F.R. § 312.1(c)(2).

12 See http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test.

13 INA § 312(b) and 8 C.F.R. § 3121(b).

14 INA § 337 and 8 C.F.R. § 337.

1 2

www.orangecountybar.org

Popovich Law Firm, P.A. Nikie Popovich, Attorney at Law Call: 407.965.2800 Email: nikie@popovichlawfirm.com CRIMINAL & CIVIL APPEALS

PAGE 9

ProfessionalismCommittee

When Your Clients Require Excellence from Start to Finish.

continued from page 4

Award – put the goal of professionalism in the practice of law succinctly in these erudite terms: Society desperately needs us to be a presence for good. We need, just as desperately, the good will of society. By quietly and confidently going about our noble profession; by being ever-mindful that we are admitted to practice to serve not only our clients, but society as a whole; by being worthy of the trust that arises from the wonderful privilege of being entrusted with protecting the rights, lives, and property of others, we satisfy that obligation.1 Since our first year in law school, we have all been inculcated with the principle that ours is a “noble profession.” The difficulty, in my view, is maintaining a noble and professional demeanor at all times as we travel this sometimes rocky path. During my 42 years in private practice, I have been most fortunate to have many professional guides on that path, not the least of which were Bob Duckworth, Esq., and my other partners, including Bob Dyer, Esq., Ava Doppelt, Esq., Steve Milbrath, Esq., and Brian Gilchrist, Esq. Receiving this award named in Bill Trickel’s honor is a humbling experience. I am especially humbled when I look at the list of the earlier 21 recipients of this award. Thank you for this honor.

Herbert L. Allen, Esq., is a shareholder and a registered patent attorney at Allen, Dyer, Doppelt, Milbrath & Glichrist, P.A. He is a Florida Board Certified Intellectual Property Law attorney, with substantial experience in litigating patent, trademark, copyright, trade secret, and computer softwarerelated claims in state and federal courts. He has been a member of the OCBA since 1978.

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www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

Clerk’sCorner

Pro Se Self-Help Center Will Increase Access to the Courts

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

s those of us involved in the legal community are all too aware, there is a need in our community – a need for legal assistance for those who are less fortunate or are otherwise unfamiliar with the legal process. These folks come through our doors on a daily basis at the clerk’s office, looking to file a complaint, respond to an action, or simply try to determine the next steps in the process.

For our deputy clerks, it can be a difficult situation. On the one hand, we want to provide customers with the answers to the questions they are asking. On the other hand, in most cases we are prohibited by statute from providing any type of legal advice. As we often discuss internally, it is a very fine line.

That is one of the reasons that my office is developing a Pro Se Self-Help Center at the courthouse that will work with partners such as the Orange County Bar Association, Legal Aid, and local law schools to provide members of our community with answers to their legal questions.

To that end, members of my staff and I recently visited other clerks’ offices across the state to tour their self-help centers to better understand how they are serving the community. Of course, we looked at best practices, but we also looked at

those ideas that didn’t work so well or were beyond the scope of a self-help center. The feedback we received is that these centers fill a critical need in the community, serving a segment of the community that has legal questions but does not qualify for or cannot access some of the other types of assistance offered.

I am committed to increasing access of citizens to the courts. This includes efforts to increase public knowledge about the role of the courts and the clerks, increasing electronic access to court records, and offering increased information to court users, including those who are self-represented.

When I speak with other attorneys about this initiative, the response is overwhelmingly positive.

They agree that a self-help center is overdue as they, like our deputy clerks, witness this problem on a nearly daily basis.

While my team is still hard at work on the project details, our goal is to have the center up and running before the end of the year. It’s an aggressive goal, but one I believe we can – and must – reach.

I will continue to share updates with The Briefs readers as the project progresses.

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

It’s Time to Update Your Photo for the OCBA Online Membership Directory RCL Portrait Design will be at the OCBA on the following dates to take your free professional portrait for the OCBA Online Membership Directory: Various Dates in June and July

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. theBriefs May 2015 Vol. 83 No. 4

www.orangecountybar.org

PAGE 11

Legal Aid SocietyNews

T

Florida Supreme Court Honors Orange County Attorneys

he Florida Supreme Court, The Florida Bar’s Young Lawyers Division and the Florida Pro Bono Coordinators Association announced the attorneys who were recognized for their 2014 pro bono work. The annual project is funded by YLD and was established to encourage participation with local organized pro bono programs. Each year attorneys who contribute 20 or more hours receive a letter from the chief justice and a pin recognizing their contribution. The donation of time is based on the hours on cases closed during 2014 and project work in 2014. Only attorneys who close a case with 20 or more hours or provide 20 or more hours in a project are included on the list. The letter from Chief Justice Jorge Labarga and the pin will be mailed to the 282 attorneys who participated through the Legal Aid Society of the OCBA. The attorneys recognized are: Acosta, Miguel R. Adler, Marshall S. Aduloju, Oluwaseun Agranoff, Michael Alexander Jr., Edward R. Am, Onchantho Amos Jr., Joseph L. Angell, Derek James Angert, Amy Appleton, Michael J. Aschenbrenner, Kate Badgley, Jeffrey Scott Bagg, Walter S. Barber, Bethanie A. Bartholomew, Krista M. Baumgardner, Theodore R. Bear, David R. Bello-Billini, Angel M. Benton, Alvin F. Berglund, Michelle Bertrand, Elizabeth Biecker, Michele A. Bittakis, Megan Lubozynski Blackwell, Bruce B. Blevins, Jonathon C.A. Blucher, Jamie M. Bond, Douglas W. Bonnett, Erik N. Bonus, Philip F. Boothe-Perry, Nicola A. Bosco, Cynthia J. Boston II, Wiley S. Boulden, John D. Brenner, Matthew G. Brewer, Trevor K. Briggs, John C. Burton, Sara J. Bussey, Teri Ann

Caldwell-Carr, Lori M. Callahan, Jane Dunlap Cannella, David E. Carbone, Sandra Carls III, Harry W. Caron, Richard M. Casoria Jr., Edward Castillo Ward, Dina M. Chacko, Leila Chesteen, Donna Coe, Eileen B. Collins, Viktoria Colvin, John V. Combs, Jr., Edward C. Conroy, Charles Cook, Deborah A. Cooper, Mark O. Cowan, Amanda Aubry Cowart, Coravious L. Cox, Sobrina T. Coye, Wade B. Crichton, Carolyn S. Crossland, Courtney Davis Jr., William A. DeCubellis, Daniel L. Dellecker, Robert H. Dellinger, Richard S. Demps, Melanie M. De Petrillo, Mary Anne Derenthal, Holly Desai, Tushaar V. Dierking, John Dimayuga, Edward A. Dirlam, Gary L. Dixon, Jennifer R. Dodge, Heather K. Dole, Susan M. Dolney, Thomas S.

PAGE 12

Doty Solik, Mary A. Drean, Robert E. Durham, Lorraine M. Durso, Molly Edwards, Ted B. Egan Jr., Joseph Eichenblatt, Steven S. Elms, Eric R. Epstein, Tobi A. Estes, Theodore D. Etzler, Mary Ann Ezzo, Elise Falcone III, Vincent Farley, Christina A. Feinberg, Ryan Fenderson, Matthews Figueroa, Evelyn Pabon Fisher, Andrew M. Fisher III, Joseph A. Ford, Stacy J. Fowler, Kevin D. Fox, Roberta J. Francolin, Ana C. Frank, Russell J. Frey, Julia L. Garcia, Ericka Gayden, Vanessa T. Geismar, Clifford J. Giacalone, Margaret C. Giblin, Allison W. Gilchrist, Brian R. Giordano-Gilden, Ann Marie Gluck, Andrew M. Gluckman, Kenneth S. Goldstein, Joseph I. Goodblatt, Amy Ellen Gordon, Charles E. Hall, Tenesia C.

www.orangecountybar.org

Hamlin, Amy C. Hampton, Sarah Hanafin, Brian P. Hankins, Dana H. Harwood, Susan B. Heinzman, Richard Henry, David W. Herbert, Gregory W. Hirani, Meenakshi A. Holland, Allen D. Holmes, N. Diane Homer, Kimberly A. Howell, Patrick C. Huels, Jonathan P. Hurd, Rusten C. Ingram, J. Charles Iseman, Benjamin C. Jackson, Blair T. Jackson, Iyada E. Jamieson, Mark H. Johansson, Lauren M. Johnson, Scott J. Johnston, Abigail Marie Jones, Barbara Fancher Jones, Jeffrey Joyce, John M. Kelaher, Neva M. Kessel, Taylor C. Kest, Kristopher J. Khanal, Robin N. Killer, C. Christopher Kim, Denise D. Knapp, David C. Lawson, Christi Adams Lee, Carrie Levett, Leanne A. Lomax, Nikie Nakella London, Brenda L. theBriefs May 2015 Vol. 83 No. 4

Lopez-Campillo, Juan C. Lowes, Rachel A. Lynch, Melody B. Mackinnon, R. Gavin Madrigal III, Diego M. Magee, James M. Mangas Jr., C. Lee Mann, Kimberly J. Marcell, Karen M. Martell, Joshua J. Martinez, Oneill C. Matthews, Thomas M. Mayfield, Spensyr A. McArthur, Sarah L. McCormack, Sean P. McKenna, Kenneth J. McMahon, Gregory P. McMillen, Allison C. Meek, II, David A. Mercier, Judith M. Miers, Diana S. Mincey, Crystal Mobley, Jamos K. Moore, Thomas A. Morcroft, Heather Morgeson Jr., D. John Morris, Susan Scoville Morris, Wayne A. Moskowitz, Deborah L. Murphy, J. Scott Murray, Kelli A. Myers, Ernest J. Nguyen, Kim Yen

Nuñez, Karol Okaty, Michael A. Onias, Marlon A. Pachon Silva, Camila A. Page, Gregg A. Palmisano, Jason S. Pape, Sarah A. Park, Nicole Zimmerman Paul, David A. Pennington, Christopher C. Peppy, Renée V. Perez-Kelly, Penelope B. Perkins Jr., Paul C. Philpott, Adam P. Pichardo, Laura M. Quimby, Alex Raleigh III, Thomas L. Rasch, Robert Raybon, Jennifer Reck, Kevin A. Reid, Glenn A. Resnick, Michael L. Rhodes-Cinami, Sonica J. Rigby, Barry W. Rivera, Seth N. Robak, Nancy A. Ruffier, William E. Sampson, Michael P. Sasso, Michael C. Scalo, Joseph Scelsi, Christina N. Scherwin, Rachel Eleanor Schiavo, Frank L.

Schirtzer, Ronald Schlereth, Kristen V. Schwam-Wilcox, Camy B. Scornik, Esteban F. Sepulveres, Steven Shimel, Chad A. Sierra, Richard D. Silzer, Scot A. Simon, Jill D. Simpson, Amanda A. Smed, Christian Smith, Christopher L. Smith II, Daniel E. Smith, Michael L. Smith, Pamela J. Sookrajh, Kavita Squires-Binford, Grey Stalcup, JoAnn M. Stanley, Angela J. Stedman, Sharon Lee Steele-Duff, Alexandra C. Stewart, Stephanie K. Stockton, James A. Stokes, Brian D. Stravers, Nathan A. Stucker, Susan V. Stuparich, Nancy Ann Swartwood, Gregory D. Tangel-Rodriguez, Ana Tavares, Camille L. Thacker, Austin D. Thatcher, Larri T. Torres, Jonathan A.

Tourian, Eric V. Travis, Jessica A. Trimble, Robert J. Tucker, Catherine A. Tukdarian, Thomas H. Umansky, William David Valladares, Karla E. Van Valkenburgh, Mark L. Veliz, David W. Vellon, Astrid M. Wallace, Philip J. Walter, Mary J. Waranch, Michael S. Wax, Tiffany R. Weech, Natalie J. Welch Jr., Robert J. White, Jennifer L. Williams, Amber R. Willick, Scott R. Wilson, William B. Wise, Lori Pearson Wohlust, G. Charles Wozniak, Carrie A. Wu, Daniel Yergey Jr., David A. York, Katherine E. Young, Julia G. Young, Thomas W. Young Jr., William B. Zobel, Hallie L. Zortman, Jayson T.

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www.orangecountybar.org

PAGE 13

Legal Aid SocietyTeaching Tips

E Edward A. Dimayuga, Esq.

Types of Income Maintenance Available to Very Low Income Clients

very day, families have trouble putting food on the table, affording medical care, and finding enough money to pay for their daily needs.

The state and federal governments provide assistance through benefit programs to help put food on the table and provide cash assistance for those in very trying circumstances. This article is a summary of a few of the major programs that affect Orange County residents. The Legal Aid Society of the Orange County Bar Association provides consultation and representation for individuals who are facing termination from eligibility for these programs and overpayments when benefits were allegedly improperly paid.

Food Stamps Also called “Food Assistance” or “Supplemental Nutrition Assistance Program” (SNAP), this program helps low income families and individuals purchase food. Generally, only unprepared food can be purchased. In November 2014, more than 3.6 million Floridians received food stamps, according to the Food and Nutrition Service. The maximum benefit for a single individual is $189 per month, and that benefit will be reduced depending upon the number of people who live in the household and whether the household has any income. For instance, retirees who only have Social Security Retirement payments of $1,200 per month may receive less than $50 per month in food stamps.

Retirement, Survivor’s, Disability Insurance The Social Security Administration operates programs to pay benefits to the retired, survivors, and the disabled. These programs are primarily financed by taxes that employers, employees, and the self-insured pay annually. This revenue is placed into a special trust fund, and when a worker or family member of that worker meets certain eligibility criteria, he or she is able to draw monthly benefit payments from that fund. To be eligible, an individual must have worked long enough and earned enough money to contribute to the trust fund. To draw disability, the individual must provide evidence to satisfy the Social Security Administration that the individual cannot work. The amount of money a person draws from this program depends upon how long he or she worked and how much money he or she earned.

Supplemental Security Income This program is also administered by the Social Security Administration, and it pays benefits to people over the age of 65 and the disabled who

PAGE 14

www.orangecountybar.org

are poor and have not worked enough to qualify for Social Security Disability. SSI benefits are “means-tested,” which means that an individual must not have more than $2,000 in assets; any income that he or she has reduces the amount of his or her SSI benefit. For 2015, the maximum benefit for a person on SSI is $733.

Temporary Cash Assistance This program is also known as Temporary Assistance to Needy Families (TANF). It provides financial assistance to children who are deprived of the support or care of one or both parents and who are needy as defined by the Department of Children and Families (DCF). Cash assistance is limited to a lifetime total of 48 months as an adult and many recipients are required to participate in work activity, job training, or job search. The requirement to participate in work activities does not apply to those who have a child under three months of age, those who receive SSI or Social Security disability benefits, or those who are not “work eligible” by federal regulations (such as individuals who need to take care of a disabled family member). Families must make sure their children go to school, as truancy can result in termination.

Families must also fully cooperate with Child Support Enforcement and be current with immunizations.

Relative Caregiver Program This program provides monthly cash assistance to relatives having custody of a child under the age of 18 who has been court ordered dependent by a Florida court and placed in their home by DCF. The benefit rate changes depending upon the age of the child and is higher than the Temporary Cash Assistance program. For one child age 0 through 5 years, the benefit is $242 per month; for one child age 6 through 12 years, the benefit is $249 per month; and for one child age 13 through 17 years, the benefit is $298 per month.

Need to know how to apply for these programs?

For food stamps and temporary cash assistance, the fastest way to apply is with DCF at http:// www.myflorida.com/accessflorida. We recommend applying with Second Harvest Food Bank’s Benefit Connection program, as they provide face-to-face assistance in the application process.

They can be reached at 407-295-2777. To apply for Social Security benefits, you can apply online at www.ssa.gov, and for SSI benefits, call to schedule an appointment at 1-800-772-1213. continued page 26

theBriefs May 2015 Vol. 83 No. 4

Legal Aid SocietyWhat We Do...

Special Immigrant Juvenile Status

U Ana Berna Roberts, Esq.

Donna A. Haynes

ndocumented and unaccompanied immigrant children suffering from abuse, abandonment, and/or neglect are a very vulnerable client group. They face problems with language, lack of legal documentation, and the threat of deportation.

Many of these beleaguered children qualify for immigration relief under Special Immigrant Juvenile Status, frequently called “SIJS.” The requirements are that a child must be unmarried, under 21 years of age at the time of filing his or her case with the U.S. Citizenship and Immigration Services (USCIS), be physically present in the U.S., and have a Special Interest Order entered by a juvenile court prior to the child’s 18th birthday.

If the child fails to meet the age requirement in these types of cases, what is most likely the child’s only chance to stay in the United States lawfully will be lost forever.

To obtain legal permanent residence status, the child does not need to have entered the U.S. legally and does not need to show any means of financial support. Both of these are reasons for inadmissibility in most other types of immigration cases.

Two applications are required to apply for Special Immigrant Juvenile Status: I-360 Petition to be qualified as a Special Immigrant Juvenile, and I-485 Application for Adjustment of Status.

Both applications can be filed at the same time.

During the pendency of the Adjustment of Status Application, the applicants receive work authorization. They will obtain legal permanent resident status once their Adjustment of Status Application is approved. After five years of having legal Permanent Resident Status, an Application for Citizenship can be filed.

Imagine being a 14-year-old girl who has been abused, abandoned, and neglected. Imagine that you have no work permit or legal documents to help you obtain work. Then, imagine that you are pregnant, too. That is what our juvenile client, Carmen, faced. This was not imaginary for Carmen; this was very real.

Carmen was represented by the Legal Aid Society of the Orange County Bar Association. She was brought into the United States from Mexico when she was an infant. Her parents eventually obtained legal permanent residence status

theBriefs May 2015 Vol. 83 No. 4

for themselves, but never bothered to apply for our client. The father abandoned the family, and the mother was frequently incarcerated, bouncing in and out of jail. Carmen also suffered physical abuse at the hands of her parents. Without a stable family home, she was on her own at an early age and ended up pregnant at the age of 14.

Without legal work authorization, she could not find employment. She faced the fear of deportation back to Mexico even though she had lived in the U.S. since she was an infant. At 15, Carmen was placed in foster care and was declared dependent by the juvenile court because of the abuse, neglect, and abandonment she had suffered. The judge entered a Special Interest Order and we, in turn, were able to apply for immigration relief on Carmen’s behalf.

We faced some challenges because of Carmen’s young age, but she had a wonderful caseworker who facilitated communication. During the pendency of Carmen’s Adjustment of Status Application, she received a work permit and was able to start working to provide for herself and her child.

During the Adjustment of Status interview, Carmen was granted legal permanent resident status in the U.S. She no longer has to live in fear of deportation. She is able to obtain proper employment and qualifies for public benefits and health care. Carmen was in danger of aging out of foster care, but, thankfully, this case allowed for a happy ending. Carmen is able to provide for herself and her child.

Applying for Special Immigrant Juvenile Status has a substantial impact on the life of an eligible, undocumented child. Guardians ad Litem need to help us in identifying and referring these children for screening to determine their eligibility for SIJS and to ensure that they can apply before they age out of eligibility. Carmen’s case is not unique.

Ana Bernal Roberts, Esq., has expertise in representing abused and neglected immigrant children in state custody and battered immigrant women.

The opportunity to make a difference in the lives of immigrants is what drives Ana to practice law. She finds it extremely rewarding to see the positive results of her legal work and how grateful her clients are. Ana needs help from pro bono attorneys. She provides immigration trainings and support for volunteer lawyers. There are two scheduled lunchtime trainings in 2015:

www.orangecountybar.org

continued page 23

PAGE 15

Legal Aid SocietyGAL Teaching Tips

T Bethanie A. Barber, Esq.

GAL Pleadings: The Top Four All-Stars

he answers to some questions in life are clear.

For instance, who is the current president of the United States of America? Barack Obama.

How many counties make up the State of Florida?

67. What is the best food on the planet? Birthday cake. (I begrudgingly concede that the latter answer may not hold true for everyone.)

The world of dependency law, however, is often filled with questions and ambiguity. Fortunately, there are four key pleadings which, when filed by Guardians ad Litem (GALs), can result in timely, permanent forms of relief for dependent children amidst an otherwise unclear dependency case.

Guardian ad Litem Report A Guardian ad Litem report is the ultimate workhorse of dependency pleadings. GALs are valued by courts for their unencumbered best-interest recommendations. Outside of direct courtroom advocacy, nothing provides the court greater knowledge of a GAL’s recommendation than a GAL report. While the format of a GAL report can change, effective GAL reports always contain the following information: a succinct history of the case, the sources the GAL contacted to gather information or formulate opinions, an analysis of the child’s needs, and the GAL’s recommendation based on the needs of the child. Such a report can be as detailed or as brief as the GAL chooses, as long as the report is filed at least 72 hours prior to any court hearing in which the report will be referenced.

Motion for Visitation Although it may seem obvious that maintaining contact with siblings and certain family members is essential to a dependent child’s well-being, GALs may find that the major focus of many dependency hearings is parent or caregiver case plan compliance and task completion timeframes.

While such parental issues are essential to the progression of a dependency case, GALs can serve as a reminder for parties to remain child-centered by filing motions for visitation. Visitation is so crucial for dependent children that last year, Florida statutes were amended to require the Department of Children and Families to provide a recommendation to the court for “frequent visitation and other ongoing interaction” between siblings shortly after a child’s removal from the family home. §39.402 (9) (b), Florida Statutes (2014).

Not only can GALs ensure that visitation for their dependent youth occurs regularly by filing this

PAGE 16

pleading, but GALs can also help clarify the terms of visitation, including the location and duration of visits, restricted topics of discussion during visits, and who may or may not accompany friends or family members to visits.

Motion for Appointment of Surrogate Educational Parent It is an all-too-common occurrence that dependent children suffer educational lapses in comparison to their non-dependent peers. When these educational deficits are the result of certain diagnosed disabilities, children may qualify for additional supports and services under the Individuals with Disabilities Education Act. For dependent children suspected of having such a disability whose parent cannot be located or does not have the ability or willingness to make educational decisions, the school district or dependency court must appoint a surrogate educational parent to serve as the educational decision maker for the child. GALs may motion the court for surrogate parent appointment, even if the GAL is unaware of a person willing and able to serve as the surrogate parent. Once the surrogate parent appointment order is obtained, the school district can seek and secure a qualified, certified parent. Note that GALs, if interested, may serve as surrogate educational parents, or solicit individual, nontherapeutic foster parents, and relative caregivers to serve as surrogate parents.

Motion for Status Hearing When GALs notice that multiple issues in a dependency case have gone unresolved, such as a parent’s failure to comply with the case plan, a GAL’s request for an updated child psychological evaluation, or a child’s request for enrollment in a college entrance exam preparation class, courts welcome a Motion for Status Hearing filed by the GAL. Such a motion allows the dependency court to confront unresolved issues and provide safe and stable permanency options to the child and family.

The Legal Aid Society GAL program is available to assist you with drafting and filing any pleadings you believe are necessary in your dependency case.

If your schedule does not allow for your attendance at the resulting hearing, upon your instruction, a Legal Aid Society GAL program attorney is available to plead the case on your behalf.

Interested in learning about more helpful GAL pleadings? The GAL program’s Kate York, Esq., will discuss additional all-star pleadings in next month’s edition of The Briefs.

www.orangecountybar.org

continued page 26

theBriefs May 2015 Vol. 83 No. 4

OCBA Luncheon

Frank Symphorien, Esq.

February 25, 2015 Ballroom at Church Street Station

Paulette Brown, Esq. President-elect, ABA

Sponsored by TheLaw.TV

Nick Shannin, Esq., President, OCBA

Bill Davis III, Esq., President, Legal Aid Society, and Jonathan Simon, Esq.

Corey Saban – TheLaw.TV

Andre T. Young, Esq., President, Paul C. Perkins Bar Association, Jamie Billotte Moses, Esq.

Paul C. Perkins Bar Association

Photos: Flo Boehm

theBriefs May 2015 Vol. 83 No. 4

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PAGE 17

Hon. Elaine A. Barbour, Hon. Steve Jewett, Hon. Tina L. Caraballo Hon. Christine Groves, Hon. Janet C. Thorpe, Hon. Renee A. Roche

Kim Homer, Esq., Arti Hirani, Esq., Hon. Robert Evans, Heather K. Dodge, Esq., Lorraine Pitre, Esq. Hon. Margaret Schreiber, Ronald L. Sims, Esq.

Ava Dopplet, Esq., Larry Smith, Esq., Peggy Smith Bush, Esq.

Hon. Mark S. Blechman, Michael Brown

Hon. Scott Polodna, Hon. Kevin B. Weiss, Hon. Greg Tynan, Hon. Elaine A. Barbour

PAGE 18

www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

YLS Evening with the Judiciary March 4, 2015 The Orlando Science Center

Hon. Kevin B. Weiss, Hon. Bob LeBlanc, Hon. Sally Kest, Hon. John Marshall Kest, Joy Inzitari

Hon. Thomas Sculco, Nick Shannin, Esq., Karen Persis, Esq., Bill Davis, Esq.

Kristopher J. Kest, Esq., Katie Monroe, Esq., Elizabeth Tener, Esq., Benjamin Loving, Esq., Stacy Ford, Esq.

Sarah Rodriguez, Esq., Brett Renton, Esq., Elizabeth Irish

theBriefs May 2015 Vol. 83 No. 4

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PAGE 19

OCBA Annual Winter Wine & Cheese Social

Refreshments and gift baskets courtesy of Tim’s Wine Market Brown Distributing – Craft Beer John and Shirley’s Catering

January 28, 2015 Winter Park Farmer’s Market

Benefitting the OCBA Foundation, Inc. Sponsored by Thomas Reuters Westlaw

PAGE 20 www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

Hearsay...

M

Christine A. Wasula, Esq.

theBriefs May 2015 Vol. 83 No. 4

ay is here! It’s unbelievable how fast this year is going. It seems like only yesterday we were ringing in the New Year, and now we’re almost halfway through 2015. In honor of this beautiful month, when the last traces of winter completely fade and nature is in full bloom, I have gathered a few inspirational quotes to start the month feeling great, inspired, and happy.

“Never underestimate the power of dreams and the influence of the human spirit. We are all the same in this notion: The potential for greatness lives within each of us.” –Wilma Rudolph “Act as if what you do makes a difference. It does.”

–William James “Every great dream begins with a dreamer. Always remember, you have within you the strength, the patience, and the passion to reach for the stars to change the world.” –Harriet Tubman And now let’s talk about some accomplishments that should leave us all feeling happy and inspired.

Paul L. SanGiovanni, Esq., a partner at Morgan & Morgan, P.A., was elected without opposition to a two-year term on The Florida Bar Board of Governors, beginning in July 2015. Paul will be representing the Ninth Judicial Circuit along with Mary Ann Morgan, Esq., managing partner at Billings, Morgan & Boatwright, LLC, and Wayne Helsby, Esq., a shareholder at Allen, Norton & Blue, P.A., each of whom started a new two-year term beginning in July 2014. All three board members are past presidents of the OCBA Young Lawyers Section and past presidents of the Orange County Bar. Marc Levine, Esq., a shareholder at GrayRobinson, P.A., was appointed president of The University Club of Orlando for a term beginning January 1, 2015. Marc previously served on the board of directors for The University Club and also served as vice president until his new appointment took place.

Jeffrey Keiner, Esq., and R. Lee Bennett, Esq., shareholders at GrayRobinson, have been appointed to the Ninth Judicial Circuit Court Local Professionalism Panel, both for a three-year term. Jeffrey was appointed by former Chief Judge Belvin Perry, Jr., is currently chairperson, and has been on the panel since May 2014. Lee was appointed to the panel by Chief Judge Frederick J. Lauten and will serve a three-year term ending June 30, 2017.

Paul H. Chipok, Esq., a shareholder at GrayRobinson, was elected as program chair for the Urban Land Institute (ULI). ULI of Central Florida is one of five ULI district councils in Florida.

ULI-Central Florida provides avenues for active dialogue and helps facilitate solutions to local and regional issues.

And finally, Richard E. “Rick” Mitchell, Esq.,

a shareholder at GrayRobinson and chair of its recently formed Higher Education Practice Group, was appointed to the board of directors of Give Kids The World (GKTW). GKTW is a 70-acre, nonprofit resort located in Central Florida where children with life-threatening illnesses and their families are given cost-free fantasy vacations. There are more than 144 villa accommodations and entertainment attractions specifically designed for children with special needs. GKTW has welcomed more than 134,000 families from all over the world.

What are they putting in the water over there at Gray R? And what are all the associates doing while the shareholders are making the news?

And now, here’s some other news about attorneys who are not at GrayRobinson...

Mya M. Hatchette, Esq., a shareholder at

Winderweedle, Haines, Ward & Woodman, P.A., was appointed to a volunteer board

position on the Seminole County Planning and Zoning Commission. The commission meets once a month to hear and make recommendations to the Board of County Commissioners on proposed zoning and land use changes. Mya will serve a fouryear term.

Tracy de Lemos, Esq., a partner at Sharma Eminent Domain Lawyers, was named to the Commercial Real Estate Women (CREW) 2015 board of directors as director of sponsorships.

CREW Orlando is part of a national network of 76 independent local organizations throughout the United States and Canada representing nearly 8,000 individual members. The association was formed to attract the most powerful and influential professionals in the commercial real estate industry. The overall purpose and goal of the chapters is to advance women in commercial real estate.

Brian Watson, Esq., counsel at Burr & Forman, LLP, was named to the board of directors for the Orlando Economic Development Commission (EDC), a nonprofit organization dedicated to attracting, retaining, and growing jobs in the region. The Orlando EDC is comprised of a wide range of business development professionals who assist businesses considering relocation or expansion in Central Florida.

Ernest DeLoach, Esq., a shareholder at Gunster, was elected president of the Tiger Bay Club of Central Florida for 2015. He served as first vicepresident last year. The Tiger Bay Club is a nonpartisan club with more than 300 members that brings together area leaders who enjoy politics and public affairs.

Grey Squires-Binford, Esq., a shareholder at Killgore, Pearlman, Stamp, Ornstein &

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continued page 22

PAGE 21

Hearsay Nurse Attorneys’ (TAANA) 2014 Outstanding Member in the continued from page 21

Squires, P.A., was appointed to the City of Maitland, Board of

Health Law, Legislation, and Compliance Section. Through this award, TAANA recognizes members who have demonstrated excellence in providing resources, education, and leadership to other section members, the health care and legal communities, and TAANA.

George F. Indest, Esq., president and managing partner of The Health Law Firm, was selected as The American Association of

In local firm news, Greenberg Traurig, LLP, is celebrating the 20th anniversary of its office in Orlando. The firm opened its Orlando office in 1995 with one attorney, Jim Bacchus, Esq., a former member of congress, former chief judge of the World Trade Organization, and former special assistant to the U.S. Trade Representative. Twenty years later, the Orlando office has expanded to 40 attorneys in 13 practice areas, and it is currently led by co-managing shareholders Orlando Evora, Esq., and Jean E. Wilson, Esq.

Adjustments and Appeals, for a three-year term. The board is established in accordance with the Florida Building Code, and its duties relate to interpretation and enforcement of building code standards and to hear appeals of decisions and interpretations of the building official or fire official, as applicable.

In local Gator news, The Association Law Firm, PLLC, was named to the University of Florida’s inaugural 2015 Gator100 during a ceremony at UF’s J. Wayne Reitz Union Grand Ballroom.

Sponsored by UF, the Warrington College of Business Administration, and the Center for Entrepreneurship & Innovation, the Gator100 recognizes the 100 fastest-growing businesses owned or led

by UF alumni. Attorneys Michael A. Ungerbuehler, Esq., and Paul DeHart, Esq., are both passionate double Gators who bleed orange and blue and who focus their practice on providing affordable legal services to community associations in the area.

Finally, I would like to personally congratulate Eric S. Golden, Esq., a partner at Burr & Forman, LLP, on being named as the managing partner of the firm’s Orlando office. Eric practices in the area of creditors’ rights and bankruptcy, and he will oversee the financial and operational functions of the 30-attorney office. I have known Eric for many years, as he and I clerked together in the summer of 1997 and then practiced together for several years when we first got out of law school. I am very excited to hear about his success, even though I had nothing to do with it.

A big thanks to all of you who are sending us your press releases, which saves me from having to troll through the Orlando Business Journal and The Florida Bar News each month. To those of you who are not sending us your press releases, the obvious question is, what are you waiting for? Don’t miss an easy opportunity to see your name in print!

Stay classy, readers, and thanks for stopping by.

Christine A. Wasula, Esq., has been Of Counsel at the Law Offices of Tad Yates, P.A. since 2013 and a member of the OCBA since 2002.

www.patrickcrowell.com Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806

PAGE 22 www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

LASWhat We Do

MAJOR SEMINARS1 May 14 – Intellectual Property Committee Major Seminar Review of Recent IP Caselaw May 27 – Elder Law Committee Major Semina Probate, Guardianship & Grandparents’ Right & Ethics June 4 – Professionalism & Technology Committees Major Seminar Professionalism in Discovery: Advanced Techniques to Create and Follow an Ethical Road map to Litigation Success Time | Location | CLE | Fee | Registration: See OCBA website calendar.

1

continued from page 15

August 25, 2015 – Representing Immigrant Victims of Domestic Violence and Violent Crime.

October 20, 2015 – Immigration Relief for Immigrant Children.

We are very grateful to the pro bono attorneys who have agreed to represent children such as Carmen. We could not do it without their continued support and help.

If you have any questions about volunteering in immigration law, please contact Ana at aroberts@legalaidocba.org, or 407841-8310 x3124. If you are interested in attending the lunchtime training sessions, please contact Marilyn Carbo at mcarbo@ legalaidocba.org and make your reservation today.

For information about how to become a financial donor or help with our fundraising efforts, please contact manager of development, Donna Haynes, at dhaynes@ legalaidocba.org, or 407-515-1850.

Ana Bernal Roberts, Esq., is an immigration attorney with the Legal Aid Society of the OCBA, Inc. She has been a member of the OCBA since 2015. Donna A. Haynes, Manager of Development at the Legal Aid Society of the OCBA, Inc., has been an OCBA member since 2008.

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www.orangecountybar.org

PAGE 23

YLS on the move

A

s we approach the end of our fiscal year, I would be remiss if I did not recognize all of the outstanding efforts and accomplishments of our outgoing YLS president, Karen Persis, Esq. During Karen’s year, the YLS has enjoyed recognition for its outstanding programs, events, and public service initiatives, both on a local and state-wide level. Karen’s dedication and passion for the YLS have inspired and benefited everyone who has had the pleasure of participating in or attending a YLS-sponsored event over the past year. She will be greatly missed, but we look forward to many exciting things to come as our new president, Amber Davis, Esq., takes the helm. Here’s a look at what we’ve been up to over the past few months: Judge John Marshall Kest held Brown Bag Lunches in February (“Exhibits and Demonstra-

Chanel A. Mosley, Esq.

tive Aids – Uses and Misuses”), March (“Beyond the Basics in Voir Dire – Getting More Out of Your Questioning”), and April (“Making the Most of Your Challenges”) – and, as always, they were chockfull of great information. If you missed the presentations and would like to obtain a copy of the outlines, you may email Judge Kest’s JA, Diane Iacone, at ctjadi1@ocnjcc.org and request electronic copies.

On February 20, 2015, the YLS monthly luncheon was held at The Citrus Club. Justice James E.C. Perry of the Florida Supreme Court joined us in celebration of Black History Month to discuss his path of success to the Florida Supreme Court, as well as the importance of diversity in the practice of law. We were honored to have him! YLS members enjoyed a delicious three-course meal thanks to our wonderful sponsors, Florida Lawyers Mutual Insurance Company and Fidelity National Financial.

On February 25, 2015, members of the YLS enjoyed a Wine Down Wednesday Happy Hour at Dexter’s of Thornton Park. More than 45 people attended the event and enjoyed a selection of 12 different wines, as well as appetizers. All food and drinks were free, thanks to the generous support of our happy hour sponsor, US Legal Support. Congratulations to Miguel Acosta, Esq., Adam Hartley, Esq., and the entire social committee for yet another successful happy hour!

On March 4, 2015, the annual Evening with the Judiciary was held at the Orlando Science Center. Hosted in the “Dino Digs” exhibit, this prehistoric party was a big hit! With approximately 300 attendees, including 70 judges, the event had a huge turnout. Judges from the Middle District of Florida, Fifth District Court of Appeal, administrative judges, and members of the judiciary from Orange, Osceola, and Seminole coun-

PAGE 24 www.orangecountybar.org

ties were all in attendance. Attorneys and judges mixed and mingled while enjoying hors d’oeuvres, drinks, and a few fossilized friends (we’re talking about dinosaurs, not attorneys) joined in too. Jen Smith, Esq., of Southern Trial Counsel and her YLS committee did a fabulous job in coordinating yet another successful Evening with the Judiciary. Be sure to see the pix on pages 18 and 19.

YLS members joined the Osceola County Bar Association to enjoy America’s favorite pastime at the spring training game on March 8, 2015 featuring the Astros v. Braves. Nearly 40 people attended the game, and judges Diana Tennis and Elaine Barbour joined as well. Attendees enjoyed some tailgating fun in the parking lot before the game and everyone had a great time, although the game ended in a tie. YLS president Karen Persis, Esq. and Osceola County Bar Association president-elect, Celia Thacker, Esq., coordinated the event.

On March 25, 2015, the YLS held its 5th annual Dodgeball Tournament sponsored by ProServe USA at the First Presbyterian Church of Orlando. Fourteen teams competed in the double elimination bracket, and Shutts & Bowen faced GrayRobinson in the championship round.

Undefeated champs, Shutts & Bowen, took home the 1st place trophy! An award for the “Most Spirited” team was presented to Conroy Simberg (a.k.a. “Supraman Strong”). The trophies were provided courtesy of Signature Wealth, and were given out at a post-event happy hour at The Dubliner Irish Social House, featuring complimentary drinks and appetizers thanks our happy hour sponsors, First Choice Reporting and Discovery Litigation. Kudos to Keith Kanouse, Esq., and his committee, for chairing another successful YLS event.

We have several events coming up as we move into the summer months. Mark your calendars for these can’t miss YLS events: On May 15, 2015, the YLS will hold its “Pass the Gavel” luncheon at The Citrus Club beginning at 12:00 p.m. and ending at 1:00 p.m.

Several former YLS presidents will be in attendance to welcome our 2015-2016 president and say thank you and farewell to our outgoing president. Casual attire, including jeans, is acceptable, and jackets are not required. For a wonderful three-course meal, the cost is only $10. Lunch is offered at a reduced price, thanks to the wonderful help of our sponsors. Please be sure to RSVP by May 13 to yls.ocba@gmail. com if you are paying by check or cash, or RSVP and pay online at www.orangecountybar.org/ylsproducts. A late charge of $5 will be added for all RSVPs not received by the deadline. Please note that the YLS is charged for all RSVPs, so be theBriefs May 2015 Vol. 83 No. 4

The June YLS luncheon will be held on June 19, 2015, at The Citrus Club beginning at 12:00 p.m. and ending at 1:00

p.m. Thanks to our sponsors, we can enjoy a delicious threecourse meal for only $10. Please be sure to RSVP by June 17 to yls.ocba@gmail.com if you are paying by check or cash, or RSVP and pay online at http://orangecountybar.org/ylsproducts. A late charge of $5 will be added for all RSVPs not received by the deadline. We are charged for all RSVPs, so be sure to notify us if you have made a reservation but are unable to attend.

Undefeated champs, Shutts & Bowen, took home the 1st place trophy at the YLS 5th annual Dodgeball Tournament.

sure to notify us if you have made a reservation but are unable to attend.

Mark your calendar for Judge Kest’s Brown Bag Lunch from 12:00 p.m. to 1:15 p.m., May 14, 2015, at the Orange County Courthouse, and earn 1.5 CLE. The topic is “Motion to Continue - ‘DENIED’.” On June 11, 2015, Judge Kest will present “Tricks for Evidence Presentation: What Works and What Does Not.” Again, you will earn 1.5 CLE for attending. Please feel free to bring your lunch. Although RSVPs are not required, please contact Diane Iacone at ctjadi1@ocnjcc.org, or 407-836-0443, and let her know that you plan to attend. Thanks!

The Great Oaks Village Field Day will be held on May 16, 2015. The YLS will host its annual field day for foster children in the Orlando area, complete with food, games, and outdoor fun.

Additionally, the YLS will give each child a brand new pair of shoes for the school year. Many of these children have very few possessions and often own only one pair of shoes. We are still in need of donations to purchase shoes! Any amount will help and will be greatly appreciated by the children.

Please send checks payable to YLS – GOV to Michael Barber, Esq., 1945 E. Michigan St., Orlando, FL 32806.

The annual Afternoon at the State Courthouse will be held on June 26, 2015. This is a unique seminar that provides insight into local judicial policies and procedure and universal courtroom decorum. It is designed for attorneys, law clerks, law students, paralegals, and other legal professionals. Be sure to check your weekly e-blast emails for additional details regarding this event and information about how to sign up. Additionally, you may contact committee chair, Paige Carlos, Esq., at paige@nejamelaw.com.

The YLS will host its annual Young Lawyers and Law Clerks Reception on July 1, 2015. Be on the lookout for additional details regarding this can’t miss networking event in our email blasts, or for more information, you may contact Michael Dear, Esq., at mdear@raileyharding.com.

The YLS IDignity committee will participate in its annual ID initiative event on July 16, 2015. IDignity assists homeless and economically disadvantaged clients in obtaining vital records necessary for state identification. This ID is essential to gaining employment, accessing educational and social benefits, and contributing to our society. IDignity receives no governmental funding and relies on the contributions of private donors and the efforts of volunteers to accomplish its mission. Volunteers are needed to participate in this event. Please contact Tom Pratt, Esq., at citizenslegal@outlook.com if you are interested in signing up. The deadline to sign up as a volunteer is May 15, 2015.

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

Reference the GOV shoe drive on your check. Please contact Michael at mbarber@thelawman.net if you are interested in volunteering for this fun, rewarding event. The children are always thrilled to have us there!

PhotoOp

The William Reece Smith, Jr. Florida Bar Leadership Academy Board of Governors met at Florida State University in January. Orlando Class II Fellows who attended the meeting are pictured left to right: André Young, Esq., Lemar Alejo, Esq., Shaunda Brown, Esq., Amy Carter, Esq., Jennifer Morando, Esq., Kimra Major-Morris, Esq., Lisa Gong Guerrero, Esq., Ryan Davis, Esq.

theBriefs May 2015 Vol. 83 No. 4

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LASTeaching Tips continued from page 14

For more information, please contact Edward at ed@legalaidocba.org, or 407-8418310. For more information about how to become a financial donor or help with our fundraising efforts, please contact manager of development, Donna Haynes, at dhaynes@legalaidocba.org, or 407-5151850.

Edward A. Dimayuga, Esq., is the Public Benefits staff attorney at the Legal Aid Society of the OCBA, Inc. He has been a member of the OCBA since 2009.

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LASGAL Teaching Tips continued from page 16

For more information, please contact Bethanie at bbarber@legalaidocba.org, or 407-841-8310, ext. 3136. For information about how you may financially support LAS, please contact Legal Aid Society manager of development, Donna Haynes, at dhaynes@legalaidocba.org or 407-5151850.

Bethanie Barber, Esq., is the Guardian ad Litem Program Director at the Legal Aid Society of the OCBA, Inc. She has been an OCBA members since 2008.

PAGE 26 www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

ParalegalPost

Why Do People Join Professional Organizations?

H Meredith Gibson Zornek, FRP

theBriefs May 2015 Vol. 83 No. 4

ave you ever asked yourself any of these questions: Should I join a professional association? What is it really going to do for me anyway? Do I really have the time? I joined – now what?

If any or all of these questions resonate with you, keep reading. Professional organizations exist for every industry, occupation, and area of interest.

The advertising slogan made famous by American Express, “Membership has its privileges,” implied certain privileges were associated with being an American Express cardholder, and that implication holds true for professional affiliations as well.

The primary reason to join a professional organization is for yourself.

Professional memberships enhance your network. Networking is a priceless opportunity to meet other industry professionals and establish invaluable relationships. These relationships will provide a forum for sharing ideas and asking for advice. Further, these relationships will provide opportunities for you to discuss current industry news and best practices, find or become a mentor, and often lead to lifelong friendships.

Membership affiliation will broaden industry knowledge. Becoming a member will provide you access to a plethora of industry information.

Generally, there are quarterly or monthly meetings, continuing education seminars, and membership community involvement initiatives. Attending the general membership meetings allows members to truly see the synergy. By combining knowledge, insights, and ideas from a diverse group, participants benefit from better and more effective decisions than they would have had if they worked independently. Education seminars, whether they are monthly luncheons or day-long boot camps, allow you to stay abreast of trending issues and topics. Being part of any community involves active participation and giving back to the community with like-minded peers – which is very rewarding in itself.

Most importantly, in order to succeed we each need to invest in our own professional development. This is your career, so take charge of it!

Many associations have career resources, including job listings, job search strategies, and tips about how to write an effective resume. Of course, listing your association membership on your resume is impressive because it shows current and future employers you are making an investment in yourself and your profession.

The greatest thing about professional memberships is that you can join and become actively involved at any time. If you are not already a member, I encourage you to join the Orange County Bar Association today. Go to the OCBA website at www.orangecountybar.org. Be sure to go to the Paralegal Section page, too. Membership dues for paralegals is $110 per year. The membership year runs from June 1 through May 31. Of course, membership does have its privileges, and as a member of the OCBA you will be able to attend free luncheons, receive nine issues of The Briefs, and enjoy discounts on various CLE seminars, advertising opportunities, and vendor services.

I have been a member of the OCBA and active in its Paralegal Section for nearly two years, and I am currently serving an active role on the board. I cannot put into words how much I have learned, grown, and benefited professionally from this affiliation. Even beyond that, I have formed lasting friendships with many other paralegals throughout Central Florida.

If you are already member of the OCBA, kudos!

You have taken the first step in investing in yourself. Now I challenge you to take an active role as a member – go to the Paralegal Section’s regular general group meetings, join a committee, help with a special project, or run for a position on the board. Make your membership about you, and you’ll be giving to others, too.

Meredith Gibson Zornek, FRP, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., has been a member of the OCBA since 2013.

www.orangecountybar.org

PAGE 27

New Members Regular

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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.

Adoption, Surrogacy and Family Law Firm, P.A. Alladi & Patel Allen, Norton & Blue, P.A. Amy E. Goodblatt, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Banker Lopez Gassler P.A. Benitez Law Group, P.L. Beshara, P.A. Billings, Morgan & Boatwright, LLC Bodiford Law Group Bonus McCabe Law Firm Bull and Associates, P.A. Burr & Forman Calandrino Law Firm, P.A. Camy B. Schwam Wilcox, P.A. Carr Law Firm, P.A. Chaires, Brooderson & Guerrero, P.L. Cole, Scott & Kissane, P.A. Colling Gilbert Wright & Carter, LLC Cullen & Hemphill, P.A. DeCiccio & Johnson

Fishback, Dominick, Bennett, Ardaman, Ahlers, Langley & Geller, LLP

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Coleman & Goggin

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Frank Family Law Practice Giles & Robinson, P.A. Grossman & Grossman P.A. Harris, Harris, Bauerle & Sharma Higley & Szabo, P.A. Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. James H. Monroe, P.A. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Tad Yates, P.A. Law Offices of Walter F. Benenati Lawyer Today.Com

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Mooney Colvin, P.L.

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Murrah, Doyle, Wigle & Torre P.A.

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Walton Lantaff Schroeder & Carson, LLP

Palumbo & Bertrand, P.A.

Warner & Warner, P.L.

Pierce & Associates, P.L.

West, Green & Associates, P.L.

Provencher & Simmons, P.A.

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Ringer Henry Buckley & Seacord, P.A.

Wieland, Hilado & DeLattre, P.A.

Sawyer & Sawyer, P.A.

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SeifertMiller, LLC

Wilson McCoy, P.A.

Snure & Ponall, P.A.

Winderweedle, Haines, et al.

Southern Trial Counsel

Wolf, Hill, McFarlin & Herron, P.A.

Stanton & Gasdick, P.A.

Wooten Kimbrough, P.A.

Stovash, Case & Tingley

Yergey & Yergey, P.A.

Sponsored by:

PAGE 28 www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

Rainmaking

Inspect What You Expect – Part 3

I Michael Hammond, Esq.

theBriefs May 2015 Vol. 83 No. 4

n the last article, we discussed four of the eight key marketing metrics you need to track regularly to know whether or not your marketing is effective. Now we’re going to focus on the last four key marketing metrics and remember, our measure of marketing success is acquisition of new, qualified clients.

5. What percentage of your inquires and clients come from referrals in general?

Out of everyone who contacts your office about your services, how many have been referred by a person, as opposed to some kind of advertisement or from an online source? As a general rule, clients who are referred by people who know you and recommend your services are easier to work with, more loyal, and less price-sensitive. In sales parlance, these are “qualified leads.” So, if you were hired by 100 clients last year and 25 came from advertising or via your website, for example, then 75 percent of your clients came from referral sources. Typically when this number is high, your practice is less stressful and more profitable. If this number is low, you should ramp up your marketing efforts and focus on more face time with good referral sources.

6. What percentage of the qualified clients who contact your firm actually make an appointment to talk to a lawyer?

A good rule of thumb is if seven out of the ten qualified potential clients who contacted your firm this month about an appointment did not schedule one, then something is wrong with your inquiry call script. Whether you or someone else in your firm is handling the conversation, you could be turning off potential clients by not saying enough or saying the wrong thing. This problem is more common than you might think. If you’ve spent time, money, and effort to get clients to contact you in the first place, don’t allow the system to break down at this point. Review your intake process carefully; you may discover that you need to refine and improve your call scripts.

There is a delicate art to converting an inquirer into a client and doing it effectively is crucial – find out what’s not working and why.

7. What percentage of those who schedule a consultation actually become paying clients?

This is the final step for the potential client before he or she becomes a paying client. If you aren’t converting at least 75 percent of the qualified clients who come in for an initial consultation, something is not working. If you don’t know

what’s wrong, have someone sit in on a consultation and evaluate your performance. The problem might be the way the attorney explains how he or she can help. Sometimes clients may feel like they haven’t been heard or they weren’t given a sufficient opportunity to tell their story. Maybe the attorney didn’t devote enough time or attention to building rapport with the client. Many elements go into a successful consultation and if this metric is low, find a mentor to help you pinpoint the problem.

8. What is your average fee per file?

Focusing on this metric helps ensure that you are working with “A” and “B” clients, doing highquality legal work, and being paid for that work.

This number begins to drop when you’ve allowed too many “C” and “D” clients into your practice.

Collection problems will cause this number to drop, too. In the long run, it’s always preferable to grow your practice by increasing the average dollar value per case, rather than just increasing the number of cases.

This metric will not come from the spreadsheet provided in Part 1 of this article. Using your quarterly or annual financial reports, take the number of new cases you opened during the period, and divide them by the total fees generated. For even greater accuracy, calculate this number for each type of case you handle. This key metric really shows the overall health of your practice and your objective should be to increase it consistently.

The Eight Key Marketing Metrics These eight key marketing metrics will enable you to make timely and informed marketing decisions. These indicators will also function like the “canary in the coal mine” by helping you identify and respond effectively to negative trends early on. Gathering this data and tracking these metrics regularly will help you maximize your marketing efforts and grow your practice intelligently. Why? Because you get results when you inspect what you expect.

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

www.orangecountybar.org

PAGE 29

Register for Seminars, Luncheons, Events, and purchase CDs, DVDs, and Virtual CLE! www.orangecountybar.org/store Login for Member Pricing!

PAGE 30 www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

Associate Kristina L. Paulter, Esq. – The Johnston Law Firm, P.A.

Partner Stephanie L. Cook, Esq. – ShuffieldLowman Keith J. Hesse, Esq. – ShuffieldLowman W. Doug Martin, Esq. – Dellecker Wilson King McKenna Ruffier & Sos, LLP Brenda J. Newman, Esq. – Alvarez, Winthrop, Thompson & Storey, P.A. Brian D. Stokes, Esq. – Alvarez, Winthrop, Thompson & Storey, P.A.

Dennis J. Wall, Esq. co-presented a two-part webinar, “ALI and Law of Liability Insurance: From Principles to Restatement” on March 18 and 23, 2015. The webinars featured the rules of interpretation, which are addressed in chapters 1 and 2 of the restatement, including a liability insurer’s duty to defend and duty to settle, and a liability policyholder’s duty to cooperate. He is a member of the American Law Institute.

Events

Shareholder

May 2 – Inaugural Law Day 5k. 8:00 a.m.-1:00 p.m. Lake Baldwin Park, 4963 New Broad St., Orlando, FL 32720. Runners and walkers, kids and seniors! Join us in this benefit event for the OCBA Foundation and the Legal Aid Society of the OCBA. For details and to register, go to www.orangecountybar.org/lawday5k.

Brian K. Furgala, Esq. – GrayRobinson, P.A. Melanie S. Griffin, Esq. – Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. A. Felipe Guerrero, Esq. – Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. Brian M. Malec, Esq. – Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. Jonathan D. Wallace, Esq. – Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A.

May 28 – OCBA Annual Installation and Awards Banquet.

5:30 p.m.-8:30 p.m. The Ballroom at Church Street, 225 S. Garland Ave., Orlando, FL 32801. See ad in this issue of The Briefs, and register by May 22 through the OCBA Store.

Jun. 20 – Firm Fest 2015. 6:00 p.m. House of Blues, 1490 E. Buena Vista Dr., Lake Buena Vista, FL 32830. Featuring Sister Hazel.

All proceeds benefit the Legal Aid Society of the OCBA. Hosted

by Daunte Culpepper, Esq. Sponsored and produced by The Orlando Family Firm and Enlightenment Sports Management. For ticket information, go to http://www.firmfest.com.

Managing Partner

Seminars

Eric S. Golden, Esq. – Burr & Forman LLP

Certifications William A. Davis, Jr, Esq. – The Law Office of William A. Davis, Jr., P.A. – Florida Supreme Court Certified Mediator, County and Circuit Court

Transitions Lawrence E. Dolan, Esq., 81, passed away in December 2014.

He was a tax attorney, having graduated from NYU with his J.D. and LL.M. after obtaining his undergraduate degree from Fordham University. He was a U.S. Navy veteran. He was active in the Exchange Club and was involved in the Catholic church community. Mr. Dolan was predeceased by his wife Sarah. He is survived by his daughter Kathleen (Steven) Munsey, a grandson, Matthew, and other close family. The OCBA extends its condolences to Mr. Dolan’s family and friends.

William Charles Shuffield, Esq., 70, passed away in February 2015.

He graduated from the University of Memphis Law School with a J.D. degree and earned an LL.M degree in taxation from the University of Miami Law School. He began his career at the law firm of Akerman Senterfitt. In 1983, he was a founding partner of Zimmerman, Shuffield, Kiser & Sutcliffe, and in 2003, he was a founding partner of Shuffield Lowman. Mr. Shuffield was an active member in many community organizations and was the recipient of numerous professional and community honors. He is survived by his wife, Karen, two daughters, grandchildren, and other close family. The OCBA extends its condolences to Mr. Shuffield’s family and friends.

Speaking Engagements Joseph A. Staynoff, Esq., Clayton & McCulloh, P.A., was the March 2015 guest speaker for the Condominium Homeowners Association of Indian River County (CHAIR), providing the State required Board Certification Class for Community Association Board Members.

May 5 – DOM for Pro Bono Attorneys, Part 1. LAS Lunchtime Training 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

May 6 – Common Contractor Change Order & Claim Preparation Mistakes. Business Law Committee Seminar. 12:00 p.m.1:00 p.m. OCBA Center. CLE: 1.0. Speaker: William Thomas, CPA, CFE, CFF; and Philip R. Urwin, MCIArb, ICIOB. Cost: Free, but registration is required by May 4 through the OCBA Store.

May 14 – Motion to Continue – “DENIED.” Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org or 407-836-0443.

May 14 – Review of Recent IP Case Law. Intellectual Property Committee Major Seminar. 12:00 p.m.-4:00 p.m. OCBA Center.

CLE: 3.5 pending. Speakers: Kevin Wimberly, Esq.; Alison Imber, Esq.; Cian O’Brien, Esq. Cost: $40 for OCBA members; $50 for nonmembers; $25 for OCBA government, law student and paralegal student members. Register by May 12 through the OCBA Store.

May 15 – Amended Administrative Orders – What Family Law Attorneys Need to Know. Family Law Committee Seminar.

12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (certification credit: Marital and Family Law 1.0). Speakers: Hon. Heather Pinder Rodriguez and Hon. Sally Kest. Cost: Free, but registration is required by May 13 through the OCBA Store.

May 19 – GAL: Interviewing Children with Developmental Disabilities. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m.

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

CLE: pending. Speakers: Erick Garcia, Esq. and Abby Adkins, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

An no u n cem ents

theBriefs May 2015 Vol. 83 No. 4

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Announcements continued from page 31

May 22 – Topics in Veterans Representation. Veterans Committee Major Seminar. 12:30 p.m.-5:00 p.m. OCBA Center.

CLE: 4.0 pending. Speakers: Michael J. Allen, Esq.; Ryan J. Casson, Esq.; Everett L. MeKeown, Esq.; David Gillen, DCF Regional Child Support Program Manager; and Karen Elliott, DOR Revenue Service Center Manager II. Cost: $40 for OCBA members; $50 for non-members; $25 for OCBA government, law student and paralegal student members. Register by May 20 through the OCBA Store.

May 27 – Probate, Guardianship & Grandparents’ Rights & Ethics. Elder Law Committee Major Seminar. 11:30 a.m. - 4:00 p.m. OCBA Center. CLE: 4.0 pending. Speakers: Hon. Jose Rodriguez; Hon. Thomas Mihok (retired); Tiffany Moore Russell, Esq., Orange County Clerk of Courts; Nancy Veneble, Probate Clerk, Orange County Clerk’s Office; Maryanne Morse, Seminole County Clerk of Courts; Aubrey Ducker, Esq.; Linda Wyatt, Probate Clerk, Seminole County Clerk’s Office; Randy Bryan, Esq. Cost: $40 for OCBA

members; $50 for non-members; $25 for OCBA government, law student, and paralegal student members. Register by May 25 through the OCBA Store.

99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Kate York, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba. org.

Jun. 4 – Professionalism in Discovery: Advanced Techniques to Create and Follow an Ethical Roadmap to Litigation Success. Professionalism & Technology Committees Major Seminar. 8:30 a.m.-4:30 p.m. OCBA Center. CLE: 8.5 (incl.

7.0 ethics, 1.0 professionalism) pending.

Speakers: David Simmons, Esq.; Hon. John Kest; Jason Klein, Esq.; Eric Boughman, Esq.; Daniel Whitehouse, Esq.; Patti Savitz, Esq.; Keshara Davis, Esq.; Amie Kozan, Esq.; Stacy Ford, Esq.; John Benford, Esq.; Marc Ossinsky, Esq.; Brandon Banks, Esq.; Hon. James Edwards; and Michael Kest, Esq. Cost: $40 for OCBA members; $50 for non-members; $25 for OCBA government, law student, and paralegal student members. Register by June 2 through the OCBA Store.

Jun. 11 – Tricks for Evidence Presentation: What Works and What Does Not. Brown Bag Lunch with Judge John Kest.

12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org or 407-8360443.

Jun. 9 – GAL: The ICPC Process: How to Navigate the Complex World of the Interstate Compact on the Placement of Children. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center,

CLASSIFIED ADS Employment AV Rated Winter Park Medical Malpractice Defense Firm seeks Associate with 2-5 years’ experience.

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

Morgan & Morgan’s business litigation practice group is seeking attorneys with 4-8 years of commercial litigation experience for its Tampa, Orlando, and West Palm Beach offices. Competitive compensation with no ceiling, comprehensive benefits, challenging work, and no billable hours. Ideal candidates will possess experience in all phases of commercial litigation, strong academic credentials, excellent

research and writing skills, and be highly motivated. Large law firm experience is a plus, but not required. Send cover letter and resume to resume.btg@forthepeople.com.

Morgan & Morgan, P.A. is one of the largest 200 law firms in the country, with more than 260 attorneys and 25 offices, and in 2014 was one of 50 law firms selected by the National Law Journal as America’s Elite Trial Lawyers.

PARALEGAL: Min. 3-5 yrs exp.

Downtown ORL, small litigation firm insurance defense.

Competitive Salary/Benefits.

ATTORNEY: Min. 3-5 yrs exp.some insurance defense preferred. Downtown ORL, small litigation firm. Competitive Salary/Benefits. Email resume to: defenselawfirm1999@gmail. com.

PAGE 32

Jun. 19 – Domestic Violence and How it Relates to Other Family Law Matters.

Family Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 pending. Speaker: Hon. Alice Blackwell.

Cost: Free, but registration is required by June 17 through the OCBA Store.

Jun. 23 – GAL: Keeping Children Safe Act Certification for GALs. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Stephanie Stewart, Esq. and Tanika Patrick, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

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

Office Space for Rent/ Sale OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/ fax available. Reception area.

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

Fully renovated 1650 sq. ft. building on Edgewater Drive. 6 offices, break room and reception area.

Call 407-247-8756 or david@ yergeylaw.com.

Professional Services Mediate in Downtown Winter Park. Certified Circuit Court Mediator with 25 years of civil litigation experience in warranty, products liability, personal injury, and premises liability matters. Spacious office with plentiful parking. W. Scott Powell at 407-647-5551.

Affordable Business Valuations Reliable, local practitioner. Highly credentialed. www.highlandsvaluation. com (407) 913-2417.

Office Space Shared Winter Park law firm near Park Avenue has 2 window offices and work stations for sublet, with plentiful parking and access to kitchen & conference rooms. Call 407647-5551.

www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

The Orange County Bar Association is pleased to provide you with a list of 2015 Preferred Vendors – a variety of businesses 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.

•Advertising•

The Baker Press, Inc. Finest Quality Printing since 1968 Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 • dthompson@thebakerpress.com Living Magazines, Inc. /Vail Living Agency Innovative Print & Advertising Design Catherine Hébert • P.O. Box 3905, Avon, CO 81620 • 970-331-6491 • trinitycathy@yahoo.com THELAW.TV Free welcome video for your firm from the nation’s leader in web videos for lawyers.

Corey Saban• 1401 Forum Way, Ste. 730, West Palm Beach, FL 33401• 561-626-9809 • csaban@thelaw.tv

•Banking•

BMO | Harris Bank Strength and Stability in Banking Tom Bacchus • 2250 North Orange Blossom Trail Orlando, Fl. 32804 • 407-529-2004 • Tom.Bacchus@bmo.com

•Legal Support Services•

ARCpoint Labs of Altamonte Springs, East Orlando and West Orlando We provide testing services to the legal community: drug, alcohol, DNA, substance identification and more.

Dee Carlson • 270 Northlake Blvd, Suite 1004, Altamonte Springs, FL 32701 • 407-951-7575 dcarlson@arcpointlabs.com 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 Computer Station Digital Presentation equipment, software, custom solutions and professional training.

Onsite demonstrations available at no charge.

Patrick Walsh • 3101 Maltby Drive, Deltona, FL 32738 • 407-332-9910 ext. 115 • pat@csorlando.com Westlaw, a Thomson Reuters business Westlaw, Legal Products and Services Charles Kiester • 321-356-5350 • charlie.kiester@thomsonreuters.com

•Miscellaneous•

Pearson’s Catering Corporate and Personal Catering Services, Gift Baskets, and more Dan Shier • 627 Brookhaven Dr. Orlando, FL 32803 • 407-235-0774 • dan@pearsonscatering.com

•Pratice Management•

MyCase The premier all-in-one web-based legal practice management software.

Stephanie Phelan, Marketing Manager • 50 Castilian Dr., Goleta, CA 93117 • 805-364-5727 stephanie.phelan@mycase.com

•Professional Services•

Cresa Orlando The Tenant’s Advantage Cresa, established 1989, advises commercial tenants exclusively – no landlords, thus completely objective and conflict-free.

Craig Castor • 221 NE Ivanhoe Boulevard, Ste. 330, Orlando, FL 32804 • 407-409-8690 • ccastor@cresa.com Dytech Group Computer Networking “Our Business lets you Focus on Your Business” Randy Centrella • 5728 Major Blvd., Ste. 309, Orlando, FL 32819 • 407-678-8300 • Sales@Dytech.com Insurance Office of America Independent Insurance Agency with specialization in Professional Liability, Property and Casualty Insurance, and Employee Benefits.

Davis Helbsy • 1855 West State Road 434, Longwood, FL 32750 • 407-782-2642 • davis.helsby@ioausa.com InterNetwork IT Everything IT for Your Company. Let us worry about your IT so you don’t have to.

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

Special Pricing for Members.

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

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

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JUMP START YOUR CAREER! New Lawyer Training Program

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August 7 & 8, 2015 Take this dynamic, two-day training program & learn how to practice with confidence – and success – in Orange County!

• Learn how to navigate the legal system from the experts – judges, court officials, & seasoned attorneys

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• Tips on court procedures & processes • The nuts & bolts of starting your own practice

Fee: $175 – student or current OCBA member $195 – non-member Includes breakfasts, lunches, receptions, & OCBA student membership! • 8.0 CLE (pending)

For more information and to apply, visit the OCBA website at http://orangecountybar.org/newlawyertraining, or contact Karen Fast, Membership Manager, at karenf@ocbanet.org or 407-422-4551, ext. 225.

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discount or other promotion offered by any of the Vendors.

theBriefs May 2015 Vol. 83 No. 4

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PAGE 33

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

REFERRAL FEES PAID TO REFERRING ATTORNEYS PURSUANT TO BAR RULES

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

Carole C. Schriefer, R.N., J.D. • J.D., University of Kentucky College of Law • Bachelor’s Degree in Nursing, Old Dominion University • R.N., Colorado • Attorney licensed in Florida and Colorado

• Medical Board Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

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

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases • Dental Board Cases

• Restrictive Covenants

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

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

PAGE 34 www.orangecountybar.org

theBriefs May 2015 Vol. 83 No. 4

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PAGE 35

OCBA Calendar

OCBA Annual Installation and Awards Banquet May 28, 2015 5:30 p.m. – 8:30 p.m.

The Ballroom at Church Street

MAY - JUNE

May

RSVP by May 22, 2015 www.orangecountybar.org/products/luncheons

LAS Lunchtime Training 19

GAL: Interviewing Children with

2

Inaugural Law Day 5k 8:00 a.m. • Lake Baldwin Park

Lawyers Literary Society 10

12:00 p.m. • OCBA Center

Developmental Disabilities

12:00 p.m. • Marks St. Senior Center

LAS Lunchtime Training 5 Veterans Committee Major

DOM for Pro Bono Attorneys, Part 1 22 Seminar

12:00 p.m. • Marks St. Senior Center

6

Business Law Committee Seminar

Common Contractor Change Order & Claim Preparation Mistakes

12:00 p.m. • OCBA Center

Criminal Law Committee 8

12:00 p.m. • OCBA Center

1 Committee 1 Estate, Guardianship & Trust 12:00 p.m. • OCBA Center

OCBA Executive Council

4:30 p.m. • OCBA Center

14

Brown Bag Lunch with Judge John Kest

Motion to Continue – “DENIED”

12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm.

Intellectual Property Committee Major Seminar

Review of Recent IP Case Law

12:00 p.m. • OCBA Center

Social Security Committee

12:00 p.m. • OCBA Center

Family Law Seminar

Amended Administrative Orders

12:00 p.m. • OCBA Center

PAGE 36

Social Security Committee

12:00 p.m. • OCBA Center

Probate, Guardianship & Grandparents’ Rights & Ethics

11:30 a.m. • OCBA Center

Criminal Law Committee 12

12:00 p.m. • OCBA Center

Judicial Relations Committee

12:15 p.m. • OCBA Center

Appellate Practice Committee

1:00 p.m. • OCBA Center

Paralegal Section Membership 15 Meeting

28

Lawyers Literary Society

12:00 p.m. • OCBA Center

15

Elder Law Committee Major 27 Seminar

OCBA Annual Installation and Awards Banquet

5:30 p.m. • The Ballroom at Church Street

Social Committee 13

11:45 a.m. • Contact Chair

YLS Monthly Luncheon 11:40 a.m. • Citrus Club

Tricks for Evidence Presentation: What Works and What Does Not

12:00 p.m. • OCBA Center

Topics in Veterans Representation

12:30 p.m. • OCBA Center

Professionalism Committee

12:00 p.m. • OCBA Center

Brown Bag Lunch with Judge 11 John Kest

11:45 a.m. • OCBA Center

Solo and Small Firm Committee 16

12:00 p.m. • OCBA Center Elder Law Committee 17

12:00 p.m. • OCBA Center

Bankruptcy Law Committee 29

12:00 p.m. • OCBA Center

Technology Committee

12:00 p.m. • OCBA Center

June

Family Law Committee Seminar 19

Domestic Violence and How it

3

Relates to Other Family Law Matters

12:00 p.m. • OCBA Center

Professionalism Committee Major 4 Seminar

YLS Monthly Luncheon

12:00 p.m. • Citrus Club

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

Professionalism in Discovery: Advanced Techniques to Create and Follow an Ethical Roadmap to Litigation Success

8:30 a.m. • OCBA Center

Firm Fest 20

6:00 p.m. • House of Blues

8

Certification for GALs

12:00 p.m. • Marks St. Senior Center

LAS Lunchtime Training 23

GAL: Keeping Children Safe Act

Estate, Guardianship & Trust Committee

12:00 p.m. • OCBA Center

LAS Lunchtime Training 9

GAL: The ICPC Process: How

Appellate Practice Committee 24

12:00 p.m. • OCBA Center

to Navigate the Complex World of the Interstate Compact on the Placement of Children

12:00 p.m. • Marks St. Senior Center

www.orangecountybar.org

Bankruptcy Law Committee 26

12:00 p.m. • OCBA Center

theBriefs May 2015 Vol. 83 No. 4