Issuu

Wiley S. Boston, Esq. OCBA President 2016-2017

Jamie Billotte Moses, Esq. OCBA President 2015-2016

Inside this Issue: President’s Message Good Night Sweetheart, Well It’s Time to Go Jamie Billotte Moses, Esq.

May 2016 Vol. 84 No. 4

Professionalism Committee Remarks upon Receipt of the OCBA’s 2016 James G. Glazebrook Memorial Bar Service Award The Honorable David A. Baker

Business Law Committee Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies – Part 1 Frank M. Bedell, Esq. Dan Churay, Esq. Eric O. English, Esq. J. Patrick O’Malley, Esq.

“When it comes to justice, the devil is in the details.”

D H

Fr re D

An n o

refer your cases with confidence

ATTOrNeyS ANd cOuNSeLOrS AT LAW

Serving OrLANdO & TAmPA

Your clients and referrals are important to us. As a boutique law firm, we understand that your clients require a strong degree of personal attention as well as extensive legal experience and knowledge to guide them through every step of their case. u u

Divorce

Complex Litigation

Family Law u Real Estate Litigation Appeals u Personal injury u Consumer Rights Litigation u

www.dewittlaw.com Orlando office: 37 North Orange Avenue, Suite 840, Orlando, FL 32801. Phone: (407)245-7723 Tampa office: 607 West Bay Street, Tampa, FL 33606, Phone: (813)251-2701 Referral and co-counsel fees paid consistent with the rules regulating the Florida Bar.

March 2016 Vol. 84 No. 3

BUSINESS TR IAL GROUP Contingency-Fee Litigation

The Contingency-Fee Business Litigation Attorneys Morgan & Morgan’s Business Trial Group is an experienced team of trial attorneys focused solely on contingency-fee business litigation. We accept attorney referrals and pay referral fees in all business litigation practice areas. Practice Areas: Contract Litigation Construction Litigation Employment Litigation

Intellectual Property Partnership Disputes Professional Liability

Real Estate Litigation Securities Litigation Trust & Estate Disputes

Let’s Start a Profitable Referral Relationship Contact us today to discuss your client’s case: 407.245.3505 or BTG@ForThePeople.com w w w.ForThePeople.com/BTG

PRSRT STD U.S. POSTAGE PAID MID-FL FL PERMIT NO. 581

880 North Orange Avenue Orlando, Florida 32801

TheOrlandoFamilyFirm.com 618 E. South Street

Suite 110

Orlando, FL 32801

4 0 7. 3 7 7. 6 3 9 9

Craftsmanship: Our new Mediation Advantage Program.

Our Mediation Advantage Program features mediation that puts the pieces back together quickly. A mediator from our panel will devote the time and skill needed to provide the superior service for which Upchurch Watson White & Max is recognized. The client will minimize costs for mediating two-party automobile accident claims — truly a win-win. For more information about the case criteria and special rate for Upchurch Watson White & Max’s MAP program, call (800) 863-1462.

Jeffrey M. Fleming

A. Michelle Kimberly Jernigan Sands

Richard S. Graham

Orlando |

theBriefs May 2016 Vol. 84 No. 4

Lawrence Kolin

K. Judith Lane

Maitland |

Howard R. Marsee

Brandon P eters

Richard Reinhart

Daytona

www.orangecountybar.org

PAGE 1

the Briefs

Contents 3

President’s Message Good Night Sweetheart, Well It’s Time to Go... Jamie Billotte Moses, Esq.

OCBA Luncheon 2016 - 2017 Installation of Officers and Awards Luncheon

Co-Editors Carrie Ann Wozniak, Esq. & Téa Sisic, Esq.

Legal Aid Society 2015 Honor Roll

Associate Editor David A. Meek, Esq.,

Legal Aid Society Teaching Tips Tips for Proving Extreme Cruelty in VAWA Cases Ana Bernal Roberts, Esq.

Hearsay Columnist Vanessa A. Braga, Esq.

Side Bar Columnist Kimberly A. Lopez, Esq.

Evening with the Judiciary

Professionalism Committee Remarks upon Receipt of the OCBA’s 2016 James G. Glazebrook Memorial Bar Service Award The Honorable David A. Baker

Report from The Florida Bar Board of Governors Mary Ann Morgan, Esq. Paul L. SanGiovanni, Esq. Wayne L. Helsby, Esq.

Clerk’s Corner Expanding Access & Customer Service by Reaching Out Tiffany Moore Russell, Esq.

20, 21

YLS on the Move Jennifer A. Smith, Esq.

OCBA February 2016 Luncheon

22, 23

w OFFICERS Jamie Billotte Moses, Esq., President Wiley S. Boston, Esq., President-elect Elizabeth F. McCausland, Esq., Treasurer Richard S. Dellinger, Esq., Secretary w EXECUTIVE COUNCIL Jared Brooks, Esq. Philip K. Calandrino, 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. Nicholas A. Shannin, Esq., Ex Officio Amber N. Davis, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch

OCBA 2016 Annual Professionalism Awards

YLS on the Move Jennifer A. Smith, Esq.

27 Hearsay Vanessa A. Braga, Esq.

Paralegal Post Paralegals as Volunteer Advocates for Children: The Real Dynamic Duo Tenesia C. Hall, Esq. Bethanie A. Barber, Esq.

New Members

Announcements

Legal Aid Society GAL Teaching Tips Representing Sexual Minority Youth in Dependency Sarah L. McArthur, Esq.

Classifieds

40 Calendar

Legal Aid Society News The Orlando Office of Akerman LLP Receives the 2016 John R. Hamilton Law Firm of Excellence Award Catherine A. Tucker, Esq.

Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2016 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

PAGE 2

www.orangecountybar.org

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

theBriefs May 2016 Vol. 84 No. 4

President’sMessage

May 2016 A Jamie Billotte Moses, Esq.

Good Night Sweetheart, Well It’s Time to Go…

lready? I cannot believe my year as OCBA president is coming to an end. The year really did fly by. What an honor it was to serve this wonderful organization. I would like to use my last President’s Message as an opportunity to thank the many people I worked with this year. First and foremost, I would like to thank the Orange County Bar staff. Our bar staff is the most dedicated group of women you will ever find. All are incredibly creative, enthusiastically committed, and always willing to do what is best for the organization. We are blessed to have such a talented team. Additionally, they are led by an executive director who has brought efficiency, fiscal responsibility, and organizational accountability to the forefront of our organization. We are truly blessed with Kim Homer and her staff. Second, I would like to thank the Executive Council of the OCBA. Our members do not see the amount of time that goes in to serving as an OCBA Executive Council member. I am sure many assume it’s a meeting a month and attendance at the bar luncheons. Many do not realize our Executive Council has many subcommittees, which require meeting attendance, and all Executive Council members act as liaisons with the various OCBA committees and attend those meetings and functions as well. Additionally, our OCBA Executive Council members head up programs such as Leadership Law, Paralegal Boot Camp, New Lawyer Training Program, and Transforming Your Law Practice into Law Firm Success, and serve as ambassadors to the many other voluntary bar associations within our community. I asked a lot of our Executive Council this year and everyone delivered. It has been an honor to work with these dedicated servants. Third, I would like to thank all of the committees of the Orange County Bar Association. If anybody was paying attention, you would see that our bar was incredibly active with lunch meetings, CLEs, written submissions to The Briefs, and social gatherings. Our committees are truly a member benefit and our committees are delivering. I would also like to thank our voluntary bar associations and the welcome I received at various events throughout the year. I believe there is value in strong working relationships between the OCBA and the voluntary bars and hope we facilitated cooperation and camaraderie among our various members. Fur-

theBriefs May 2016 Vol.84 No.4

ther, I asked a lot of the OCBA Foundation, the Law Week Committee, and the Social Committee, and all went above and beyond my expectations. Thank you for your service. Fourth, I need to thank my firm, Fisher Rushmer, P.A., and my partners for allowing me to serve. By the time I am done, I will probably have committed 600 to 700 hours over this past year to bar service. At a reasonable hourly rate of $300 an hour, that is a commitment by Fisher Rushmer of $180,000 to $210,000. I am grateful my partners recognize the value in bar service. Along those lines, I need to thank my assistant Christine for all of the extra things she had to do while I was president and dealing with an incredibly busy schedule that made scheduling in my cases nearly impossible. Nevertheless, she got me everywhere I needed to be with time to spare. Fifth, I need to thank my husband and children. I do not know whether it was a good idea to be president during my first year of marriage, my daughter’s last year of high school, and my son’s first year of high school. Nevertheless, if we always waited for the perfect time, nothing would ever get done. There were times when I had to be three places (or more) at once, but we made it all work out and had a great year! Finally, I would like to thank YOU – the members of the Orange County Bar Association. Thank you for entrusting me to lead this wonderful organization. I hope I have made you proud. Thank you for the notes, emails, calls, or texts regarding my President’s Messages, a luncheon speaker, a new program being put on by the bar, or anything else you felt needed to be brought to my attention. Thank you, too, for bringing things to my attention when you did not feel something was right or an improvement needed to be made. Feedback, positive or negative, is engagement, which is better than silence or complacency. Thank you! With all of that said, I leave you with a line from one of my favorite songs: Closing time, you don’t have to go home, but you can’t stay here… Jamie Billotte Moses, Esq., is a shareholder with Fisher Rushmer, P.A. She is a board certified appellate specialist. Additionally, Ms. Moses defends lawyers and real estate professionals in litigation and licensing complaints. She has been a member of the OCBA since 1994.

www.orangecountybar.org

PAGE 3

Concrete evidence. Solid testimony.

Successful outcomes. FORENSICS

E-DISCOVERY

EXPERT WITNESS / SME

“ My law ﬁrm hired Data Analyzers to perform data imaging and forensic analysis work and we could not have been happier with their work product.

“

-Molly Knobler Associate, Constantine Cannon Washington, DC

“ Data Analyzers is my go to Team. I can count on them to back up my case on the witness stand. They are professional and courteous.

“

As seen on

DATA ANALYZERS Orlando Headquarters

321.206.6718 Nationwide

866.456.DATA

ForensicAnalyzers.com PAGE 4 www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

OCBA LuncheonThursday, May 26, 2016

You are cordially invited to join members of the Orange County Bar Association for the installation of officers and board members of The Orange County Bar Association The Legal Aid Society of the Orange County Bar Association, Inc. The OCBA Foundation, Inc. The OCBA Young Lawyers Section and The OCBA Paralegal Section

Swearing-in by The Honorable Frederick J. Lauten, Chief Judge, Ninth Judicial Circuit Court With remarks by Jamie Billotte Moses, Esq., 2015-2016 OCBA President and Wiley S. Boston, Esq., 2016-2017 OCBA President Thursday, May 26, 2016 11:30 a.m. – 1:00 p.m. The Ballroom at Church Street • 225 South Garland Avenue Orlando, Florida 32801

RSVP by May 23, 2016 www.orangecountybar.org/store Cancellation deadline: May 23, 2016 Marie West at mariew@ocbanet.org

If you have RSVP’d and find you cannot attend, please cancel your reservation by the published cancellation deadline. If you do not cancel, we will follow the policy below. • First no-show: We will record your reservation as a no-show. • Subsequent no-shows: You will be invoiced $35 per missed luncheon. To cancel, contact Marie West at mariew@ocbanet.org Cancellations by phone will not be accepted.

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee Remarks upon Receipt of the OCBA’s 2016 James G. Glazebrook Memorial Bar Service Award

I The Honorable David A. Baker

thank the Professionalism Committee, on which I served back in the day, for this award, named in memory of my late colleague James Glazebrook. There is no greater honor than for a judge to be recognized by the attorneys who appear before him. In accepting the award, I am reminded of the truism that judging is a lonely calling. Yet, a successful judge does not attain success without assistance and support from many quarters, including a practicing bar worthy of its own awards. Without the love, support, and sacrifice of my wife and family, I cannot imagine how I could have accomplished what I have on the bench. I am so proud of them and their own achievements and ever grateful for their support. I have had the great good fortune of working with a staff whose talents, diligence, and loyalty are beyond compare: my two law clerks, Ellen Collins and Erin Connors, my courtroom deputy, Helyn LaTorre, and my former legal assistant, Carolyn Weber. The federal court generally, and I, personally, could not have better people for handling the relentless demands of one of the busiest dockets in the country. Thanks also to my fellow federal judges, current and former. Throughout my tenure, the wisdom, generosity, and diligence of these judges have made my life as a judge rewarding and, frankly, easier. This is an ideal occasion to recall my first speech to the OCBA – 24 years ago, Law Day 1992. I say ideal because these two events are near bookends for my judicial career: the one, six months after I started, and this ceremony, six months before I retire. Given the perspective of time and experience provided by that coincidence, let me draw some comparisons. If you will indulge me, a little history: What’s changed since 1992? A few examples make the point. When I joined the bench, the court and the bar used paper documents and files submitted by mail or messenger for a deputy clerk to date stamp and manually docket, setting appropriate deadlines on note cards so they could be tracked. This form of judicial recordkeeping predates Shakespeare. Today, of course, we have electronically imaged documents instantaneously filed and served using the Internet, which did not exist as we know it in 1992. Inside the courthouse, gone is manually tracking of files, motions, and case schedules. Instead, we have electronic review and disposition, sometimes with a district and magistrate judge working simultaneously on different aspects of

the same file – something unimaginable with a single paper file. Routine or uncontested motions are often ruled on within a day of their filing. Instead of waiting days of checking the mail for a decision, lawyers receive the opinion as soon as it is entered. Younger lawyers do not know what it was like to check citations by hand, flipping endlessly through red-bound editions of Shepard’s. That most tedious task has been superseded by various forms of electronic case checking – far more accurate, efficient, and enlightening. Our courtrooms make full use of teleconferencing, videoconferencing, and exhibit display equipment, allowing counsel to plug their computers directly into the courtroom for the convenience of witnesses, jurors, and the public. I leave for another occasion consideration of the many other effects of technology, such as email, electronically stored information, smart phones, metadata, cloud computing, and the like. But anyone looking back at this short span of years should recognize that these capabilities were at best fanciful musing in 1992. Now they are so routine as to be almost trite. These capabilities have not changed any legal rights nor the essence of what we as lawyers and judges do. But they have fundamentally changed how we do it. For me, it has been a great time to be a judge on the forefront of harnessing these new tools for the better administration of justice. And I take some pride in anticipating and shaping these technologies for court use. Though, I must say, I never could have expected the phrases “Faraday bags,” “app store,” and “geofencing” in an opinion of the U.S. Supreme Court. The times have indeed changed. With all these technological innovations, though, some things have not changed. People still rob banks, commit fraud, sell drugs, and commit other crimes. These people (and all of us) still have rights that need lawyers and courts to assure those rights. People still want to contest government actions that affect their free expression of ideas and other civil rights, their eligibility for social security benefits, immigration status, and other matters. Those people (and all of us) still need lawyers and courts to have their cases heard.

PAGE 6 www.orangecountybar.org

continued page 8

ttheBriefs May 2016 Vol. 84 No. 4

Board of GovernorsReport

T Mary Ann Morgan, Esq.

Paul L. SanGiovanni, Esq.

Wayne L. Helsby, Esq.

theBriefs May 2016 Vol. 84 No. 4

Report from The Florida Bar Board of Governors

he Florida Bar Board of Governors met on March 11, 2016. The major actions of the board and the reports received included: The Legislation Committee reported that Florida’s 2016 legislative session was scheduled to conclude that day. A bill to impose term limits on appellate judges was not heard by the Senate (and did not pass by sine die). The Florida Bar opposed term limits for any state court judges in Florida, either on the trial or appellate bench. A death penalty bill was approved by the governor on March 7. The state budget, as approved by the legislature after the board meeting ended, contained the following court funding priorities: infrastructure needs for the Florida Supreme Court facility, including security support: $315,774; operational support for state court systems: $707,789 (including 6 FTEs); 3rd DCA Court remodeling for ADA, security, and building systems upgrades: $6,482,222; 4th DCA courthouse construction: $7,509,276; 2nd DCA facility space study: $200,000; 2nd DCA facility lease needs: $518,000; restoration of Glades County Courthouse: $350,000; renovation, restoration, or expansion of Charlotte County Justice Center: $1,000,000; renovation, restoration, or expansion of Okaloosa County Courthouse: $1,000,000; emergency renovation and repairs for the Nassau County Courthouse: $300,000; and operational increases for the Judicial Qualifications Commission: $115,671. For summaries of legislative interest to the legal profession and weekly updates published throughout the session, see www.floridabar.org/legislativeactivity. A report was received from the Board Review Committee on Professional Ethics and the Board Technology Committee regarding amendments to rules 4-7.22 and 4-7.23, the lawyer referral service and lawyer directory rules. Proposed amendments were accepted on first reading and will be published for input from members. In the proposed amendments, the definition of a qualifying provider is broadened, and restrictions and requirements to participate are reduced. An informational report was given for the Special Committee on Legal Education, which was recently appointed to review proposed changes to the certified legal intern rule and to the bar exam. The special committee is comprised of law school deans, Florida Supreme Court justices, representatives of the Florida Board of Bar Examiners, and other attorneys. Law school deans

have said they spend countless hours preparing students to pass a 27-part exam that includes subjects the students may never use in their careers, rather than allowing them to work at externships and get real-life training. The committee is also looking at the background clearance necessary to serve as a Certified Legal Intern (CLI). Under the current rules, the student must apply to the Board of Bar Examiners and receive a clearance letter before being certified as a CLI. There is some concern regarding how long this process takes, with the result being fewer students becoming certified as CLIs. Other reasons for the decrease are also being studied. Upon graduation, CLIs have to pass all parts of the bar exam. The Florida Bar Young Lawyers Division’s Survey on Women in the Legal Profession has received national media attention. A link to the survey was emailed to a random sample of more than 3,000 female members of the Young Lawyers Division (YLD) and more than 400 responded. Key findings include: many respondents indicated they had experienced one or more serious issues, such as gender bias and harassment from opposing counsel, an employer, or the court; more than one-quarter reported resigning from a position because of a lack of advancement opportunities, a lack of work-life balance, and/or employer/supervisor insensitivity; 21% of respondents felt they were not paid comparatively to their male counterparts; and 42% cited difficulties in balancing work-life responsibilities as a challenge or concern they face as practicing attorneys. In April, the YLD is presenting weekly, free CLE webinars open to all Florida lawyers to support and recognize the achievements of women in the legal profession and at the Annual Convention in June will present “Engage: Advancing Women is a Cause for All Lawyers,” a three-hour seminar. In addition, the YLD is introducing the Outstanding Woman Lawyer of Achievement Award this year. The programs and the webinar schedule will be published in the April 1 issue of The Florida Bar News. One special appointment was made: Mark Herron of Tallahassee was appointed to a four-year term on the Florida Supreme Court Judicial Ethics Advisory Committee beginning July 1, 2016. Three applicants for one of the two public-member seats on the Board of Governors were approved to be sent to the Florida Supreme Court

www.orangecountybar.org

continued page 8

PAGE 7

ProfessionalismCommittee continued from page 6

People still have disagreements about how they are treated on the job; they still need to enforce their contracts and intellectual property and other statutory and common law rights. These people (and all of us) still need lawyers and courts to justly resolve their disagreements.

Board of GovernorsReport continued from page 7

to make a two-year appointment: Judy Doyle, of Orlando, Sharon B. Middleton, of Ponte Vedra Beach, and Herbert E. Polson, of St. Petersburg beginning in June 2016. For information about special appointments coming up at the May board meeting, please see The Florida Bar website. Ninth Judicial Circuit Board of Governors representatives: Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Paul L. SanGiovanni, Esq.; Morgan & Morgan, and Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A. They have been members of the OCBA since 1987, 1985, and 1986, respectively.

Without a strong and diverse bar and an independent, dedicated judiciary, these rights would be hollow promises. I harken back to words I read on my first day of law school at the University of Virginia, those carved at the entrance: That those alone may be servants of the law who labor with learning, courage and devotion to preserve liberty and promote justice.

The members of the OCBA embody that sentiment. I thank you for this award and for making my judicial service truly rewarding. The Honorable David A. Baker, Magistrate Judge, United States District Court for the Middle District of Florida. Judge Baker has been a member of the OCBA since 1982.

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 since 2015

Bilingual English/Spanish

407-733-3662 espiesq@aol.com

MARK YOUR CALENDARS

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

Membership Directory

RCL Portrait Design will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: Various Dates in 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.

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

PAGE 8

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

Clerk’sCorner

Expanding Access & Customer Service by Reaching Out

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

ne of my top priorities is to increase access to justice while providing exceptional customer service for our citizens, and recently my office has been ramping up more initiatives tailored to do just that. Instead of just waiting to see them in our lobbies, we are expanding our efforts to reach our customers directly out in the community. At the end of April, we wrapped up another legal forum called Legal Matters – A Housing Education Forum, which took an in-depth look at several aspects of housing law with a major focus on all aspects of foreclosure. This was the second such forum in my efforts to expand our community outreach efforts, and we will be holding a similar forum later this year to make legal information more easily accessible by the public. One very important partner I would like to thank is the Legal Aid Society of the Orange County Bar Association, Inc. I have also been getting out to various organizations, such as local Rotary clubs, community

FYI:

associations, and local community meetings to share all the services the Clerk’s Office provides. Since we are the information hub of the justice system, we interact with all who do business with the courts, such as judges, attorneys, parties to cases, agencies, the legislature, and the media. Last month, we also made it easier on working families with children to get their passports in time for summer vacation travel plans abroad. During Passport Week, we extended our hours at the Orange County Courthouse for one week and opened our Winter Park and Apopka branch locations on one Saturday to make it more convenient for people in need of a passport. With customer service, access to courts, and technology in mind, more initiatives are always on the horizon, so look for more updates during the year on the clerk’s website, social media platforms, emails, and of course, in upcoming issues of The Briefs. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

OCBA Luncheon Cancellation Policy The OCBA is happy to provide luncheons throughout the year as a valuable member benefit, but no-shows incur significant charges for the OCBA. If you have RSVP’d and find you cannot attend, please cancel your reservation by the published cancellation deadline. If you do not cancel, we will follow the policy below.

Thank you for helping the OCBA continue to provide this valuable member benefit!

First no-show: We will record your reservation as a no-show. Subsequent no-shows: You will be invoiced $35 per missed luncheon. To Cancel: Send cancellation to Marie West at mariew@ocbanet.org. Include the name of the person whose RSVP is being cancelled. Include the date of the luncheon being cancelled. Cancellations by phone will not be accepted.

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 9

Business LawCommittee Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies – Part 1 Editors’ note: Below is part 1 of a 2-part article first published by the Association of Corporate Counsel in its magazine, ACC Docket.

Frank M. Bedell, Esq.

Dan Churay, Esq.

Eric O. English, Esq.

J. Patrick O’Malley, Esq.

he increased cost and sophistication of litigation has resulted in specialization in most every facet of the practice of law – except for the area that controls over 98 percent of all legal disputes, the settlement process. Settlements resolve nearly all legal disputes, but settlement remains an ad hoc event and is rarely treated as the defined process it should be. Too often the trial team’s or general counsel’s focus on settlement comes only “when the time is right.” Hasn’t the time come to manage the exit strategy with the same focus and attention to detail as the litigation or any other core business decision? That’s where the role of the emissary, or settlement counsel, comes in. Settlement counsel, in some form, have been around as long as litigation itself. But just as mediation was not understood or widely adopted initially, the same can be said of the low prevalence of settlement counsel now. Settlement counsel should be used much more frequently because they can save money and time – particularly when the stakes are highest. Indeed, we expect that in the not-too-distant future, the use of settlement counsel will become as common as mediation is today. To illustrate how the use of settlement counsel functions and adds value, the following is a case narrative, based on our experiences with several clients. In this first installment, we will explore the general counsel’s perspective of settlement counsel and the benefits of adding another arrow to your quiver. Overworked and overwhelmed As general counsel for the company, Roger Williston enjoyed his work. He believed in the mission of the company; respected and worked well with the CEO, CFO and the other board members; and enjoyed fielding questions and providing reports on pending legal matters. With a buy-out offer for the company on the table, though, Williston and the assistant general counsel were overworked with transaction and related regulatory issues. At the same time, a lawsuit initiated by a rogue employee had erupted from a minor state court case in Highlands County, Florida, to a much more serious case against the company in Charleston, South Carolina, where

PAGE 10

the company had recently suffered its largest jury verdict in its history (in the same federal court and with the same judge). This recent escalation could negatively affect the buy-out opportunity. A former litigator with 18 years of experience in commercial trial work, Williston had learned much from that prior unpleasant experience in Charleston. With allegations of destruction of electronic evidence in the current federal case, the budget for another full-blown federal court dispute would be massive. The board members reacted with palpable frustration when Williston presented his report and the revised budget. Something different had to be done this time, particularly since the buyout opportunity would soon expire. Settlement counsel – What is THAT? The next morning, Williston received a message from an attorney who said that he was “settlement counsel” in the pending litigation who had been retained by the opposing company’s general counsel. The attorney wanted to speak to Williston about whether the two different cases could be resolved. Williston was dubious for many reasons: • He had never heard of a “settlement counsel.” • He liked his trial team and had great confidence in them. • Most of the important rulings had gone in favor of his company – at least in the state court proceeding. • In other cases the company had generally been able to obtain satisfactory settlements during mediation in the weeks leading up to trial. But this case felt different, perhaps because Williston was extremely pressed for time. Neither he nor his assistant general counsel, a transactional lawyer who didn’t like litigation or appreciate its nuances, had the time or inclination to discuss settlement at this point. Also, the opposing company’s lawyer had made multiple filings that blew past the boundaries of even the most aggressive type of corporate litigation – suggesting that any forthcoming settlement offer would be so unreasonable that it wouldn’t even warrant a response. Additionally, the parties had filed competing motions for spoliation of evidence and were waiting

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

the past. Settlement counsel asks, ‘What do you want to have hapfor the judge to schedule a hearing. In all likelihood, the hearing pen? The focus of settlement is on the future.” 7 (Emphasis added). would require Williston, the assistant general counsel and perhaps even the CFO to provide live testimony about whether the com• Two law review articles discuss settlement counsel. In the first pany’s document retention procedures had been followed approarticle, lawyer William F. Coyne, Jr., The Case for Settlepriately. Williston had too much on his ment Counsel, 14 Ohio St. J. on Disp. Resol. 367 (1999), plate to think about returning a cold CHEAT SHEET discussed in practical terms how settlement counsel can call from a settlement counsel. •What is that? Settlement counsel help penetrate the primary barriers to settlement preStill, when Williston’s contract attor- negotiate a settlement of a claim or sented by the litigation system.8 In the second article, ney knocked on his door with a buy- lawsuit as opposed to appearing in The Movement Toward Early Case Handling in Courts and out question, Williston asked her to court in litigation on behalf of a client. Private Dispute Resolution, 24 Ohio St. J. on Disp. Resol. research “settlement counsel” and pro83, 115-120 (2008), Prof. John Lande, who specializes in •The two-track approach. Typically dispute resolution, proposed settlement counsel as one of vide a report by the end of the week. the methods for reaching earlier resolutions.9 retained to expedite a favorable The work of settlement counsel The contract attorney sent Williston resolution of a dispute, settlement • A former general counsel for Motorola, Inc., Kathy A. an email that provided the following counsel often work on resolving Bryan, wrote a compelling piece simply titled, Why Should definitions and guidance on the use of disputes even as trial counsel pursue Businesses Hire Settlement Counsel? 2008 J. Disp. Resol. settlement counsel: 195., and stated that hiring settletheir litigation strategies. ment counsel would not be duplica- [The two track Settlement counsel – One or more law- • Streamline litigation efforts. tive of any legal work already being yers retained specifically to negotiate a approach] would Even if the case does not result performed by in-house and outside settlement of a claim or lawsuit as op10 counsel. She noted three advantag- allow a client’s posed to appearing in court in litigation in a settlement, such counsel can es: preserving relationships, reduc- discussions of determine earlier on whether a trial on behalf of a client. Typically retained ing cost and time to resolution, and to expedite a favorable resolution of a will be necessary. overcoming adversarial bias. Bryan settlement to dispute, settlement counsel often work defined adversarial bias as “essential- begin without the on resolving disputes even as trial coun- • Bring rigor to an ad-hoc event. ly the human tendency to need ‘to 1 Settlement counsel bring attention sel pursue their litigation strategies. affects trial team having and consistency to settlements, easing be right’ in a dispute [which] 11 • “Settlement counsel is an attorney everything in litigation.” to worry about engaged for the express and limited the burden on less specialized general • Settlement counsel is engaged by appearing weak. purpose of assisting a client to resolve counsel and trial attorneys. the client and reports to the client, a current dispute. Settlement counsel not to the trial team. The client retains control of settlement is not a member of the litigation team….Settlement counsel is decisions at all times. It’s best when there’s a “clear demarcation a specialist who has developed skills and techniques in negoof roles and good channels of communications” between trial 2 tiation and mediation advocacy.” Because settlement counsel counsel and settlement counsel.12 For example, all litigation assists the client with risk analysis and the potential for cost savquestions would be referred to the trial team, while all settleings, it’s recommended that settlement counsel be engaged earment questions would be referred to settlement counsel.13 ly. Settlement Counsel: Answer to the FAQs, James E. McGuire, NYSBA Disp. Resol. Law., Fall 2010, Vol. 3, No 2, at 23-25. • Finally, settlement counsel often bills on a contingency fee or (Emphasis added). success fee basis.14 • A very early mention of settlement counsel appears in What The CFO loves settlement counsel about Negotiation as a Specialty? 3 Professor Fisher, an author Although the concept of settlement counsel made some intuitive of the best-seller Getting to Yes, proposed a “two-track answer” sense, Williston was still skeptical. But he immediately understood for litigation, saying that the client’s interests would be better “adversarial bias” from his years as a corporate trial lawyer. Plus, he served by having one lawyer pursue or defend litigation, while a recalled how difficult it was to maintain his focus on the imporseparate lawyer tries to settle the case. This would allow a client’s tant litigation issues as the parties inched towards settlement durdiscussions of settlement to begin without the trial team having the ramp up to trial. He also understood from having just read ing to worry about appearing weak. Fisher said that settlement the best-selling book, Thinking, Fast and Slow, written by Nobel counsel would also strengthen the litigation team. “Freed from Prize winner Daniel Kahneman, that most people are subject to any duty to explore settlement, the litigating lawyer can concentrate a psychological phenomenon known as “the endowment effect.” single-mindedly on preparing and pursuing the strongest possible According to Kahneman, the endowment effect makes our own items, ideas and strategies generally become more persuasive with case in court.” 4 (Emphasis added). • Fisher advocated a “two-track approach,” involving a sepa- time. rate settlement lawyer to handle negotiations while the litigators prepare for trial, in He Who Pays the Piper,5 which is a somewhat tongue-in-cheek, fictional letter from a CEO to the head of the litigation department for the company. The CEO observed that even though a single lawyer can perform both duties, litigating and fully exploring settlement each require a different focus. “The psychological orientation of a general engaged in battle is quite different from the diplomat engaged in peace negotiations.”6 Or, as another author wrote, “The trial lawyer asks, ‘What happened?’ The focus of the fact-gathering is on

theBriefs May 2016 Vol. 84 No. 4

continued page 30

Williston was so busy trying to close the buy-out deal that he was willing to try almost anything that might reduce time for EXPERT WITNESS - the CPA resolving the dispute. He remembered that a law school classmate • Business Valuation; Pension Valuation; had just become Collaboration and Litigation Support general counsel for a much larger and publiclytraded company.• Lifestyle Analysis; Financial Affidavit; Alimony; Distribution After catching up,Equitable Williston said to his friend, “I’ve got this case that’s a royal pain. A former employee did some stuff he really Contact: shouldn’t have done. We didn’t even pay much attention to it Thomas J. Gillmore, CPA, CFE, CVA when it was filed 407-716-4795• tomg@FloridaDivorceCPA.com because our initial evaluation didn’t catch some

www.orangecountybar.org

PAGE 11

Legal Aid SocietyGAL Teaching Tips

I Sarah L. McArthur, Esq.

Representing Sexual Minority Youth in Dependency

f you have ever served as volunteer attorney Guardian ad Litem (GAL), you have likely encountered vulnerable children struggling to recover from abuse, abandonment, or neglect. They have been removed from homes where the people who were supposed to care for them have taken advantage of their vulnerability. I am privileged to serve as a GAL among the Orange County Bar Association’s nearly 400 volunteer attorney GALs who take on the critical role of best interest voice for the child in dependency court. Many of our GAL children are placed in foster care because the state has determined that the children are not safe in the care of their parents or legal guardians. The state takes on the role of parent, and in so doing has a responsibility to be a good parent, treating the child with dignity and respect, as well as keeping the child safe and secure. However, although foster care may mean a safe place to sleep, it may also mean unfamiliarity and insecurity for children who find themselves quickly thrown into new surroundings filled with new faces. More frighteningly, feelings of isolation are frequently exacerbated for children who are outside the norm regarding sexual orientation and gender identity. LGBTQ (lesbian, gay, bisexual, transgender, questioning) youth have unique needs that must be addressed for their general well-being. Many of them have been rejected by their biological family, physically abused, kicked out of their homes, and ostracized in school because of their sexual orientation or gender identity. They experience more violence at school than their peers; they are perceived as different. In foster care, they can find more rejection from foster parents, other youth, or staff in group homes, further isolating them in a system that does not fit their needs. In 2011, the Centers for Disease Control and Prevention found that LGBTQ students had a higher prevalence rate for risk in seven of the ten major health categories than heterosexual students. These risk categories, including behaviors contributing to violence, behaviors related to attempted suicide, alcohol use, drug use, and risky sexual behaviors, were as high as 90% in some categories for LGBTQ youth.1 When coupled with numerous modern-day studies that reveal that 20-40% of all homeless youth self-identify as LGBTQ, we risk facing poor outcomes for our LGBTQ foster youth if we do not recognize their needs. The good news is that headway is being made thanks to attorneys in the dependency system. The

PAGE 12

Legal Aid Society of the OCBA, Inc. (LASOCBA) is a member of a statewide LGBTQ workgroup that advocates for positive outcomes for this special population. The group focuses on issues of legal and social importance to LGBTQ youth, such as gender identity in courts, gender implications in public schools, and placement issues LGBTQ youth face in group foster homes. Additionally, LASOCBA collaborated with the Orange County Children’s Cabinet, the local collective of organizations working to promote child safety in Orange County, to insert non-discriminatory language into the five-year plan adopted by the governor for child abuse prevention in Orange County. Last year, LASOCBA partnered with local and national organizations to bring the Moving the Margins training to Orlando. For an entire day, dependency court personnel across multiple agencies, including DCF, case management organizations (social worker employers), mental health providers, and group homes met to learn how to train others in their organizations on LGBTQ advocacy. Subsequently, LASOCBA presented a GAL lunch and learn on the topic, which is available for viewing at http://www.legalaidocba.org. Legal advocacy for your LGBTQ GAL client may encompass civil rights or other issues not normally involved in dependency. It’s all about providing your client with the security that comes from knowing that you will not allow others to bully or abuse him/her, says Currey Cook, Esq., senior attorney and Youth in Out-of-Home Care Project National Director for Lambda Legal. Volunteer attorney GALs can facilitate positive change for their LGBTQ youth by keeping the dependency court informed about the child’s small picture needs, for example: access to personal hygiene, grooming products, and clothes that align with their gender identity. Attention to these small details frequently brings enormous comfort, stability, and strength to the children it benefits. For more information, please contact Sally McArthur, Esq., at sally@legalaidocba.org, or 407-8418310. For more information about how to become a financial donor, contact Donna Haynes, Manager of Development, dhaynes@legalaidocba.org, or by calling 407-515-1850. Sarah L. McArthur, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2007. http://www.cdc.gov/healthyyouth/disparities/smy.htm

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

Legal Aid SocietyNews The Orlando Office of Akerman LLP Receives the 2016 John R. Hamilton Law Firm of Excellence Award

T Catherine A. Tucker, Esq.

he Legal Aid Society of the Orange County Bar Association, Inc., recognized the pro bono work of Akerman LLP with the highest law firm award, the 2016 John R. Hamilton Law Firm Award of Excellence, at the OCBA’s February luncheon. This award is presented annually to the law firm that has contributed to pro bono work through casework and other pro bono activities, and that has significantly increased its pro bono participation. Founded in Orlando in 1920, Akerman is among the five largest law firms in Central Florida and has grown onto the national stage as one of the top 100 law firms nationally. Their lawyers have been at the center of many transformative business and economic moments in the region’s history. Akerman has a long history of public service and corporate citizenship that stems from a deep commitment to serve as allies and advocates in the community. The firm’s philanthropic and pro bono efforts focus on important causes, particularly in the areas of education and youth development. Akerman addresses critical social issues through community partnerships, employee volunteerism, pro bono service, and by collaborating with clients to expand the reach of shared purpose-driven initiatives. Since the launch of the firm’s Give Back Campaign in 2014, Akerman lawyers and other professionals have pledged more than 14,000 pro bono and volunteer hours and raised more than $200,000 to support the National Court Appointed Special Advocate Association (CASA) and its local guardian ad litem programs across the country. As the first law firm to partner nationally with CASA, Akerman has pledged to raise $1 million to support the CASA mission and will launch an academic scholarship program for foster youth later this year. In the Orlando office, there has been a substantial increase in the pro bono participation in 2014 and 2015. Lawyers in the firm’s Orlando office have increased participation in guardian ad litem case work. Through teams of attorneys, they have

theBriefs May 2016 Vol. 84 No. 4

offered support and encouragement within the firm to handling these challenging cases. Attorneys have handled other cases and participated in pro bono projects. Through Akerman’s Give Back Campaign, lawyers and other professionals in the Orlando office have participated in fundraising efforts, book drives, and volunteer initiatives to help the Legal Aid Society support the hundreds of local abused, abandoned, and neglected youth they serve. Akerman was also a founding member of the Business Lawyers Pro Bono Project. This project was created in 2009 with eleven law firms and the Institute for Philanthropy & Nonprofit Leadership at Rollins College, which offers legal services provided by pro bono business lawyers. Pro bono attorneys assist a diverse range of nonprofits that are confronting significant business concerns. The Akerman firm has been involved with the Breakfast of Champions since its inception in 2008, always participating, sponsoring, and bringing donors to Legal Aid’s important fundraising event. The Orlando office also has provided pro bono legal services to the Orlando Sports Foundation (OSF), an organization dedicated to raising funding and awareness to help find a cure for cancer. Because of Akerman lawyers’ significant pro bono efforts, last year Akerman was selected as the recipient of the 2015 Chief Justice’s Law Firm Commendation Award by the Florida Supreme Court and The Florida Bar – the highest recognition of pro bono legal service awarded in the state to a law firm. This is the second consecutive year that the Florida Supreme Court and The Florida Bar have recognized Akerman lawyers for their pro bono service. The firm was also honored with Statewide Florida Guardian ad Litem organization’s “I Am for the Child” award, their highest honor. Catherine A. Tucker, Esq., is the Deputy Director/Pro Bono Coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 1998.

www.orangecountybar.org

PAGE 13

Legal Aid Society2015 Honor Roll

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 2015 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 Abrams, David H. Abramson, Suzan A. Acosta, Miguel R. Adams, Glenn A. Adler, Marshall S. Aduloju, Oluwaseun Agranoff, Michael Alexander, Jr., Edward R. Alfonso, Roberta Allen, Jr., Herbert L. Am, Onchantho Amos, Jr., Joseph L. Anderson, Bradley Anderson, Nequosha Noel Angell, Derek James Angert, Amy Appleton, Michael J. Aschenbrenner, Kate Aust, Lynn B. Bailey, Mary Merrell Baker, Matthew E. Ball, Stephen T. Barber, Bethanie A. Barber, Michael D. Barker, William R. Bartholomew, Krista M. Bauer, Christine G. Baumgardner, Theodore R. Baxa, Edmund T. Bello-Billini, Angel M. Benford, John Y. Benitez, Alyssa N.

Bennett, Brian W. Beregovich, Andres Berglund, Michelle Biecker, Michele A. Blackwell, Bruce B. Blevins, Jonathon C.A. Bloom, Gwen D. Blucher, Jamie M. Boren, Matthew R. Boulden, John D. Brams, Craig L. Brenner, Matthew G. Briggs, John C. Brodis, Julie H. Brown, Shaunda L. Brubaker, Sara A. Budowski, Susan M. Calandrino, Philip K. Caldwell-Carr, Lori M. Callahan, Jane Dunlap Cannella, David E. Carbone, Sandra Catania-Pratt, Annabelle S. Chacko, Leila Chmelir, Andrew J. Christopher, Donald E. Church, Kelley Cocotas, Vivian P. Coleman, Jayde R. Collins, Viktoria Cotto, Vanessa Cowan, Amanda Aubry

PAGE 14

closed during 2015 and project work in 2015. 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 mail to the 287 attorneys who participated through the Legal Aid Society of the Orange County Bar Association, Inc. The attorneys recognized are: Cowart, Coravious L. Crag-Chaderton, Rachel Crichton, Carolyn S. Cushing, Peter Dawkins, Michael S. de Armas, R. David DeCubellis, Daniel L. DeFelice, Jeffrey R. Dellinger, Richard S. Demps, Melanie M. De Petrillo, Mary Anne Desai, Tushaar V. DeVoe, Michael P. Dierking, John R. Dimayuga, Edward A. Dirlam, Gary L. Dodge, Heather K. Dowling, Brian C. Drean, Robert E. Durham, Lorraine M. Edeback, Hanna M. Edmonson, Randy Edwards, Ted B. Edwards, Jr., Ronald D. Elms, Eric R. Epstein, Tobi A. Ezzo, Elise Feinberg, Ryan Ferris, Colby N. Fifner, David A. Foels, Pamela L. Fowler, Kevin D.

www.orangecountybar.org

Frey, Julia L. Gangitano, James Gervase, Jr., Donald T. Giacalone, Margaret C. Gibbs, Jon M. Gilchrist, Brian R. Gillen, Patrick Alexander Gluck, Andrew M. Goldstein, Joseph I. Gonzalez, Luis J. Gordon, Charles E. Hale, Maria DiBlasio Hall, Tenesia C. Hampton, Sarah Hancock, Christopher P. Hankins, Dana H. Haughee, Timothy Cullen Hawkins, Cynthia A. Heatwole, Lauren Henry, David W. Hirani, Meenakshi A. Holland, Allen D. Holmes, N. Diane Hosley, Kimberly E. Hull, Rebecca K. Ibanez, Silvia S. Imber, Allison R. Ingram, J. Charles Israel, Gary S. Jasmund, Elizabeth D. Jassak, Matthew E. Johansson, Lauren M. theBriefs May 2016 Vol. 84 No. 4

Johnson, JoAnn G. Johnson Bostick, Natasha P. Johnston, Abigail Marie Jones, Barbara Fancher Jones, David A. Jones, Jeffrey Jontz, Eric B. Joyce, John M. Kern, Joseph G. Kessel, Taylor C. Kest, Michael M. Killer, C. Christopher Killgore, Jr., Frank H. Kimbrough, Jr., Orman L. Knapp, David C. Kolos, Chris N. Koves, Juliette Kramer, Stuart Langley, Daniel W. Latham, Terese M. Lawson, Christi Adams Lazinsk, Michael Leitch, Dougald B. Leo, Tatiana Levett, Leanne A. Llabona, Lusan C. Long, Michael E. Lopez, Ana M. Lopez-Campillo, Juan C. Lynch, Melody B. Lynch, S. Brendan Maaroufi, Aboubakr Madrigal, III, Diego M. Malec, Megan W. Mangas, Jr., C. Lee Mann, Kimberly J. Martinez, Oneill C. Martini, Pamela G. Matthews, Joan Towles Mayfield, Spensyr A. McArthur, Sarah L.

McCormack, Sean P. McDonough, John R. McFarlin, Wynne E. McKenna, Kenneth J. McMahon, Gregory P. Meehle, Suzanne D. Mirilovic, Lena M. Mobley, Jamos K. Moore, Conti J. Moore, Nicole W. Moore, Thomas A. Morlan, II, Harold E. Morris, Wayne A. Moses, Jamie Billotte Moskowitz, Deborah L. Munroe, Melissa D. Murray, Kelli A. Okaty, Michael A. Onias, Marlon A. Osa, Jorge de la Ossinsky, Marc Owens, Gayle A. Ozim, Tracy Reinman Page, Gregg A. Paradis, John M. Parker, IV, Henry Clay Parnell, Rhonda E. Pate, Andrea L. Paul, Jason A. Payne, Caleb E. Peden, Neely M. Pence, William L. Peppy, Renée V. Perez-Kelly, Penelope B. Peters, Natalie A. Pierson, Jerisa S. Presutti, Michael J. Price, Stephen H. Pulayya, Juna M. Rensch, Stephanie N. Resnick, Michael L.

theBriefs May 2016 Vol. 84 No. 4

Rhodes-Cinami, Sonica J. Rivera, Seth N. Roberge-Buonauro, Jessica C. Roberts, Ana Bernal Rodda, Dawn R. Rodriguez-Newbern, Ana P. Rooth, Jay R. Rosenbluth Jr., Emery H. Rouse, Rachelle C. Roush, Anna C. Ruffier, William E. SanGermain, Lyzette Sanks, Terry M. Savitz, Patricia A. Scalo, Joseph Scherwin, Rachel Eleanor Schiavo, Frank L. Schirtzer, Ronald Schulte, J. Timothy Silzer, Scot A. Simpson, Amanda A. Sims, Ronald L. Sirolly, Jeffrey Smith, Michael L. Smith, Pamela J. Sookrajh, Kavita Sos, Anthony F. Soto, Kimberly M. Squires-Binford, Grey Stanley, Angela J. Starr, Wayne Steele-Duff, Alexandra C. Stucker, Susan V. Tangel-Rodriguez, Ana Tellechea, Alberto F. Tempkins, Michael David Thatcher, Larri T. Thomas, Jessica D. Thomas, Sharon Tinsley, Mary K. Torsney, Maria Dawson

www.orangecountybar.org

Toscano, Wendy S. Tourian, Eric V. Townsend, Frank Travis, Jessica A. Tucker, Catherine A. Tukdarian, Thomas H. Umansky, William David Uncapher, Kenneth R. Vaghaiwalla, Michael J. Vancol, Leigh Anne Vancol, Wilbert R. Van Valkenburgh, Mark L. Veliz, David W. Vose, William C. Waldorf, Stacey J. Walter, Mary J. Waranch, Michael S. Warren, Charlotte L. Welch, Jr., Robert J. Wells-Brown, Beatrice R. White, Jennifer L. Wieland, Glen D. Williams, Lavon B. Williams, Natasha J. Willick, Scott R. Wilson, Amanda F. Wilson, Brian Thomas Yates, Jr., Leighton D. York, Kate E. Young, Julia G. Young, Robert L. Young, Jr., William B. Zaharias, Alexandros H. Zaltsberg, Michelle F. Zehnder, Thomas A. Zobel, Hallie L.

PAGE 15

Legal Aid SocietyTeaching Tips

U Ana Bernal Roberts, Esq.

Tips for Proving Extreme Cruelty in VAWA Cases

nder the Violence Against Women Act (VAWA), certain abused persons can file petitions to become legal, permanent residents of the United States if the abuser is a U.S. citizen or lawful permanent resident. In enacting VAWA, Congress recognized that immigration laws were being used as tools of power and control over immigrant domestic violence victims. Some of the types of individuals who qualify under VAWA are: abused spouses of U.S. citizens or lawful permanent residents; abused children of U.S. citizens or lawful permanent residents; and parents who are victims of elder abuse by their U.S. citizen son or daughter. Imagine being in a foreign country without money and knowing no one. Your spouse is abusing you. You cannot speak the language to ask for help. This was Emilia’s reality as her husband abused her. He denied Emilia food and water, locking her under a makeshift roof without heat in the winter or air conditioning in the summer and without access to a phone. He would threaten her by telling her she could never leave him and reminding her that she could not speak English and had nowhere else to go. But she did have somewhere to go, and after her husband was arrested because of a domestic violence incident, she came to the Legal Aid Society of the Orange County Bar Association, Inc. (LASOCBA). A VAWA and adjustment of status applications were filed, and she is now a legal, permanent resident who lives in peace, free from an abuser. Immigrant victims of domestic violence are some of the most vulnerable members in our society. They need more help than the average client in navigating the legal process. It is up to us, as their attorneys, to provide that support. As an immigration attorney at Legal Aid, Ana Bernal Roberts, Esq., provides free legal services in immigration matters to low-income residents in Orange and the eleven surrounding counties. The opportunity to make a difference in the lives of immigrants is what drives Ana to practice law. It is extremely rewarding to see the positive results and how grateful her clients are. She has compiled some general tips about how to prove extreme cruelty in VAWA cases where there is no physical abuse and therefore the victim cannot claim there was battery, which is usually easier to prove than extreme cruelty. Abusers use different tactics to obtain and maintain control over their victims. In some cases, only

PAGE 16

www.orangecountybar.org

one incident of abuse will suffice to establish a case of extremely cruelty. Other situations may require a victim to prove that many different acts, when evaluated collectively over a period of time, constitute extreme cruelty. Social Isolation: The abuser may prevent the victim from using the telephone, going to school or work, learning English, and having contact with family or friends. Immigration-related Abuse: Abusers often threaten to report their victims to immigration to have them deported. When these victims have children with their abusers, the thought of being deported and having to leave their children is terrifying. Economic- and Employment-related Abuse: Many victims are prevented from working or are sabotaged at their place of employment, so they continue to depend on their abusers for economic resources. Others are forced to work long hours and are treated as slaves without being allowed to keep any of their earnings. Intimidation and Degradation: Abusers use many forms of threats, such as yelling and standing too close to the victim, making a fist with their hands, showing that they have a gun, hurting a family pet, or threatening to take the children away from the victim. Sexual Abuse: Rape, sexual assault, and any unwanted sexual contact are crimes that constitute battery. Therefore, when sexual abuse is present, the VAWA petition can be based on both battery and extreme cruelty. The victim’s affidavit is the most important piece of evidence in proving battery or extreme cruelty, along with other factors in VAWA cases. An affidavit should be very detailed and written in a humanizing manner in the victim’s own words in order to elicit the reader’s sympathy. If you have any questions, please contact Ana Bernal Roberts, Esq., at aroberts@legalaidocba. org, or 407-841-8310, extension 3124. For information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Development Director, at dhaynes@legalaidocba.org, or 407-515-1850. Ana Bernal Roberts, Esq., is an immigration attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2014.

theBriefs May 2016 Vol. 84 No. 4

Lake Baldwin Park 4963 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins

Entry Fee: $35 - May 1 – Race Day Chip timing, custom shirts, kid’s run, entertainment, refreshments, finisher medals, and FUN! For details and to register, go to https://www. orangecountybar.org/lawday5k

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

Proceeds benefit the Legal Aid Society of the OCBA, Inc. and the OCBA Foundation, Inc.

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 17

Insur ance Cover age and Bad Faith We represent individual and corporate policyholders in disputes with insurance companies.

For more information about our practice, please visit our website at www.vpl-law.com or call us at 407.380.9312 Capital Plaza Two l 301 East Pine Street, Suite 790 l Orlando, Florida 32801

Helping businesses and individuals in coverage and bad faith disputes with their insurance companies since 1995. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Insurance Ad_P1.indd 1

10/27/14 3:21 PM

Open fOr Business! My Orlando Lawyer Directory This FREE, online listing directory is exclusively for OCBA members! Increase lawyer-to-lawyer referrals and community interest. Complete your profile!

1. Go to www.MyOrlandoLawyer.com 2. Login with your OCBA username & password. 3. Add practice areas, types of cases handled, location, years of practice, education, board certifications, and much more.

4. Simply hit“Submit”and your information will Take advantage of this FREE member benefit. Make it easy for members and the public to find you quickly!

be posted immediately for online searches.

5. For more information, call 407-422-4551.

PAGE 18 www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

Evening with the Judiciary

February 25, 2016 Samantha Alyward, Esq., Matthew Moats, Esq., Judge John E. Jordan, Laura Kelly, Esq.

Orlando Science Center

Judge Lawrence Kirkwood, David King, Esq., Frederick Wermuth, Esq.

Daniel Schreiber, Esq. Paula Howell, Esq. Brock Hankins, Esq.

Judge Steve Jewett, Judge Tina Caraballo

Orley Burey, Esq. Stacey Burey

Phil Calandrino, Esq., Amy Calandrino Jonathan Simon, Esq., Jill Simon, Esq., Judge Heather Pinder Rodriguez, Judge Janet James Mahon, Woody Rodriguez, Esq., Jamie Billotte Moses, Esq.

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 19

Wiley Boston, Esq., OCBA President-elect, Tiffany M. Faddis, Esq., Star of the Bar Award

100% Club: Norman Lee Sasser, Jr., Esq., Ryan Hayes, Esq., Star of the Bar Award Sasser & Weber, P.A.

Charles T. Brumback, Jr., Esq., on behalf of Akerman LLP, accepts the Legal Aid Society of the OCBA, Inc.’s 2016 John R. Hamilton Law Firm of Excellence Award. William A. Davis, Jr., Esq., presented the award.

The Paul C. Perkins Bar Association, with Banjamin L. Crump, Esq.

PAGE 20 www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

OCBA Luncheon February 25, 2016

The Ballroom at Church Street Station

Benjamin L. Crump, Esq. Partner, Parks and Crumps, LLC Co-hosted by the Paul C. Perkins Bar Association Sponsored by Data Analyzers and LexisNexis Benjamin L. Crump, Esq.

Keshara D. Cowans, Esq.

Kafi D. Swanson Kennedy, Esq., President, Paul C. Perkins Bar Association

Kafi D. Swanson Kennedy, Esq., Benjamin L. Crump, Esq., Jayde Coleman, Esq., Jamie Billotte Moses, President, Orange County Bar Association Photos: Flo Boehm

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 21

Hon. David A. Baker and family

Ramón A. Abadin, Esq. President, The Florida Bar

Kristopher J. Kest, Esq., and family

Emery H. Rosenbluth Jr., Esq., and family PAGE 22 www.orangecountybar.org

Photos: Flo Boehm

theBriefs May 2016 Vol. 84 No. 4

Orange County Bar Association 2016 Annual Professionalism Awards March 4, 2016

Orange County Courthouse

Kristopher J. Kest, Esq., Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award recipient Hon. David A. Baker, James G. Glazebrook Memorial Bar Service Award recipient Emery H. Rosenbluth Jr., Esq., William Trickel, Jr. Professionalism Award recipient

Christopher C. Skambis, Jr., Esq. Hon. David A. Baker Kimberly Hosley Agee, Esq. Jamie Billotte Moses, Esq.

Benjamin J. Robinson, Esq., Emery H. Rosenbluth Jr., Esq., Kimberly Hosley Agee, Esq., Jamie Billotte Moses, Esq.

Hon. John M. Kest, Kristopher J. Kest, Esq., Kimberly Hosley Agee, Esq., Jamie Billotte Moses, Esq.

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 23

JUMP START YOUR CAREER!

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

New Lawyer Training Program

The Fundamentals of Practice in Orange County

August 5 & 6, 2016

OCBA New Lawyer Training Program

• Learn how to navigate the legal system from the experts –judges, court officials, & seasoned attorneys • Get tips on court procedures & processes • Learn the nuts & bolts of starting your own practice Fee: $175 – student or current OCBA member $195 – non-member

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

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

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

First-time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card. Please contact Angie Rivera at 407-422-4551 or angier@ocbanet.org.

• Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2017 • $75

Jane Q. Public attorney

Issued: 01/01/2016 Expires: 12/31/2017

n Bar assOCiatiO Orange COunty rd Ca Cess COurthOuse aC

Purchasing card is optional for courthouse entry • OCBA membership is not required PAGE 24

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

YLS on the move

Jennifer A. Smith, Esq.

f spring is nature’s way of saying “let’s party,” the YLS sure knows how to celebrate. Here are a few of the things we have been up to: On February 25, 2016, YLS hosted its annual Evening with the Judiciary at the Orlando Science Center. This year’s theme was Suits and Stegosauruses, and it certainly delivered a great time for all involved, prehistoric company included.1 The event provided a unique opportunity for attorneys and judges to meet and mingle in a festive, more casual setting than a hearing room. A big round of applause is owed to chair, Brock Hankins, Esq., for all his hard work. Be sure to see the photos on page 19 in this issue of The Briefs. On March 11, 2016, YLS members gathered for our Second Annual Charity Pub Crawl. All profits collected were used to feed the homeless. Pub crawlers started at Chillers and crawled their way to Underground Public House, Side Bar, and Hooch. Thanks to Miguel Acosta, Esq., and Rafael Rodriguez, Esq., for their continued efforts serving on the YLS social committee, and thanks to all the YLS pub crawlers who turned out for a great cause. At our March monthly luncheon, YLS members enjoyed a special presentation called “Lunch with the Presidents.” OCBA immediate past-president, Nick Shannin, Esq.; YLS president-elect, Brett Renton, Esq.; Federal Bar Association president-elect, Kelly Garcia, Esq.; Central Florida Association for Women Lawyers president, Jessica McGinnis, Esq.; Paul C. Perkins Bar Association president, Kafi Kennedy, Esq.; Hispanic Bar Association of Central Florida president, Henry Lim, Esq.; and Greater Orlando Asian American Bar Association president, Lisa Gong Guerrero, Esq., spoke to our membership about their organizations, their mission statements, their events, and how to advance within the or-

ganizations. Thanks to all the presidents who participated. Hail to the chiefs! The YLS 6th Annual Dodgeball Tournament was held on Wednesday, March 30, at the First Presbyterian Church in downtown Orlando. Teams consisted of 6-10 players and the competition was fierce! Be sure to see the photos on page 33 of this issue of The Briefs. Congratulations to event chair, Amanda Sampaio, Esq., for putting together such a great competition. Our April luncheon was held on April 21, 2016. Kristopher J. Kest, Esq., recipient of the OCBA’s 2016 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award, spoke on the topic “On the Job Training with Regard to Professionalism.” We enjoyed his presentation and wish you all could have been there! YLS and its board of directors are pleased to announce that Keshara Cowens, Esq., has been named YLS’s president-elect for 2017-2018. Congratulations, Keshara! Judge John M. Kest’s next Brown Bag Lunch will be held on May 12, 2016, from 12:00 p.m.1:15 p.m. in the courthouse on the 23rd floor. The topic is “Deputies, Clerks, and Court Reporters: Your Wingman.” May’s luncheon will be held on May 20, 2016, at the Citrus Club. Monthly luncheons are a great opportunity for YLS members to meet and network with other YLS members, judges, and our sponsors. Check in is from 11:30 a.m.-11:55 a.m., and the cost is only $10 for a three-course meal for RSVPs received by the deadline. Members can RSVP through the OCBA store or by emailing our luncheon coordinator, Rachel Lowes, Esq., at yls.ocba@gmail.com. Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008. The author does not intend to imply that members of the judiciary are dinosaurs.

Snapshots from the YLS Second Annual Charity Pub Crawl

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 25

PhotoOps On February 16, 2016, the George C. Young American Inn of Court (Orange County) held a joint meeting with the Vassar B. Carlton American Inn of Court (Brevard County) at Dubsdread Golf Club in Orlando. The George C. Young Inn presented on the topic of the past, present, and future of the court system.

Led by Judge Keith White, the January 2016 pupilage group (below) also presented on the history of the George C. Young American Inn of Court.

PAGE 26

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

Hearsay...

A Vanessa A. Braga, Esq.

A mentor is someone who allows you to see hope inside yourself. – Oprah Winfrey

s the newest young lawyers join our profession, it is important for us to foster this new talent. There’s no reason to reinvent the wheel, and our young lawyers should be able to see that there is hope in a profession not known for mentoring. The Florida Bar Young Lawyers Division challenged us to #TakeAnHour to promote lawyer mentoring for those young, those experienced, and those somewhere in the middle. Bruce Blackwell, Esq., CEO/Executive Director of The Florida Bar Foundation, was awarded the prestigious Tobias Simon Pro Bono Service Award, the highest honor bestowed upon a Florida lawyer who volunteers to help those who might not have access to justice. During his 40-year legal career, he has handled 90 pro bono cases, totaling 2,121 hours. Pamela Lynn Foels, Esq., a shareholder with Zimmerman Kiser Sutcliffe, P.A., and Taras S. Rudnitsky, Esq., of the Rudnitsky Law Firm, each received The Florida Bar President’s Pro Bono Service Award. The award recognizes the service of individual lawyers in each of Florida’s judicial circuits. Congratulations to the award recipients! Christopher Carmody, Esq., with GrayRobinson, P.A., and Tad Yates, Esq., Law Offices of Tad A. Yates, P.A., have been appointed by Governor Rick Scott to the Ninth Judicial Circuit Nominating Commission. Lisa Gong Guerrero, Esq., with the State Attorney’s Office, appeared before The Florida Bar’s Judicial Nominating Procedures Committee to promote more diversity on the bench and on the judicial nominating conventions at the bar’s winter meeting. Davey Jay, Esq., of The Draves Law Firm, P.A., was a panelist for the presentation “Contract Negotiations” at the 14th Annual Writers Conference hosted by the Florida Writers Association. She and her fellow panelists discussed common concerns relating to literary agreements. Eric C. Boughman, Esq., of Forster Boughman & Lefkowitz, presented at a National Business Institute seminar on “The Rules of Evidence: A Practical Toolkit.” Philip K. Calandrino, Esq., of the Small Business Counsel, presented “Business Operations & the Law” to the OCBA’s fifth Leadership Law class. David J. Akins, Esq., of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., has been elected a fellow of the American College of Trust and Estate Counsel. Richard L. Barry, Esq., of GrayRobinson, was invited to join the International Association of Defense Counsel, a select group of individuals who have advanced skills in defense law. Walter G. Benjamin, Esq., of Kelley Kronenberg, was invited to join the Claims and

theBriefs May 2016 Vol. 84 No. 4

Litigation Management Alliance. The organization promotes the highest standards of claims and litigation management. Cary L. Moss, Esq., of Sawyer & Sawyer, P.A., has been named president of the Academy of Florida Elder Law Attorneys for 2016. Michael P. Carolan, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., has been appointed to the board of directors of the Winter Park Chamber of Commerce. Also of Winderweedle, Haines, Ward & Woodman, P.A., Brandon DeGel, Esq., has joined the Key Initiative Young Professionals Committee of the Ronald McDonald House of Orlando, which engages young professionals to host fundraising events to support the families served and build awareness of the Ronald McDonald House. Lyndon Carter, Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., has been promoted from associate attorney to senior associate attorney. Shawn T. Jewell, Esq., has become a shareholder with the law firm of Fisher Rushmer, P.A. Melody B. Lynch, Esq., Andrew M. Gluck, Esq., and Jonathan P. Huels, Esq., have become shareholders with Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Joshua R. Brown, Esq., has become a shareholder with Greenberg Traurig, LLP. Several of our OCBA members have been elevated to partner in their respective law firms. Brian A. Watson, Esq., has been elevated to partner at Burr & Forman LLP. Michael A. Semanie, Esq., has been named partner at Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. Laurette A. Balinsky, Esq., has been named partner with Ringer, Henry, Buckley & Seacord, P.A. Congratulations! In the “On the Move” section, C. Gene Shipley, Esq., has joined the firm of Fisher Rushmer, P.A. as of counsel, and David R. McFarlin, Esq., has joined the firm as of counsel, heading up the firm’s new bankruptcy department. GrayRobinson, P.A. has added the following attorneys to its ranks: Robert L. Harding, Esq., as a shareholder, Rouselle A. “Bo” Sutton, III, Esq., as of counsel, and Jonathan C. Squires, Esq., as an associate. As always, the Hearsay column is for you. Please send any OCBA member news and updates to vanessa@burruezolaw.com. I’d love to hear from you. Vanessa A. Braga, Esq. is an associate attorney with Burruezo & Burruezo, PLLC, handling labor and employment matters. She has been an OCBA member since 2014.

www.orangecountybar.org

PAGE 27

ParalegalPost

T Tenesia C. Hall, Esq.

Bethanie A. Barber, Esq.

Paralegals as Volunteer Advocates for Children: The Real Dynamic Duo

he Legal Aid Society of the Orange County Bar Association, Inc.’s Guardian ad Litem (GAL) department is a true reflection of Orange County’s stellar legal community. For nearly 35 years, the GAL department has represented the best interest of the county’s abused, abandoned, and neglected children through the unwavering dedication of Orange County Bar Association (OCBA) members who serve as volunteer attorney GALs. The desire of our volunteers to do the very best for their GAL clients, combined with the experience of the Legal Aid Society (LAS) staff, has afforded LAS the luxury of constantly seeking to improve the quality of our work for the deserving children we serve. One of the most successful methods of providing best-interest representation to Orange County’s dependent children comes from the incredible volunteer efforts of Orange County’s paralegals, who serve as Volunteer Advocates for Children (VACs). GALs are tasked with the difficult role of representing the best interests of dependent children, which can only be done when the GAL has access to reliable, up-to-date information from children, caregivers, and service providers. VACs partner with GALs by maintaining regular contact with the child, case manager, and other essential case participants. VACs relay essential information to GALs, who then use it to secure necessary services and supports for their GAL children through the dependency court. Simply put, GALs are the eyes and ears for the court. VACs are the eyes and ears for the GAL. Together, they are the voice for abused, abandoned, and neglected children. While LAS has found that the traditional GALVAC team pairing serves our children well, we refer to the GAL- paralegal/VAC pairing as the “holy grail” – the “dynamic duo” of pairings. Paralegals make excellent VACs because of their familiarity with the legal system. One pairing that’s proven successful occurs when paralegals become VACs and then assist the attorneys in their office who do GAL work. GALs find it helps having someone in their office they can consult with about the case. Since paralegals are already familiar with the legal system, there is a minimal learning curve. Paralegals are immediately able to efficiently advocate for the children’s best interests. By understanding the legal process, paralegals identify the numerous desired outcomes and different advocacy paths

PAGE 28

needed to reach favorable outcomes for their GAL children. When the VAC is the GAL’s paralegal, communication flows more freely and advocacy efforts are more frequent. The paralegal/VAC is instantly aware of the events of the case. This includes the dates of upcoming hearings and case-related meetings. Paralegal/VACs know the dates of the most recent home visit and can tickle reminders to follow up on concerns as well as schedule future visits with the child. The paralegal/VAC can follow the case as issues arise and immediately discuss any concerns with his or her attorney/GAL. A great example of the paralegal/VAC and GAL team comes from the law firm of Akerman LLP. In 2014, Akerman began using the attorney-paralegal team model to serve GAL children. There were initially nine teams serving nearly 20 dependent children. The most common team makeup was two attorneys and one paralegal. The paralegal/VAC built a rapport with the child, caregiver, and the child’s social worker. The paralegal then visited the child on a monthly basis and maintained regular contact with the caregiver and case manager. By doing so, the paralegal was able to observe the child’s placement and needs as they occurred. In one particular Akerman case of a child’s removal based on physical abuse, the paralegal spoke with the child’s teachers, mental health professionals, and others to obtain a holistic view of the child’s and family’s needs. Although the case entered the dependency system as a physical abuse case, the paralegal/VAC quickly determined, through her investigation, that the mother had untreated mental health needs that were an impediment to her parenting. Once the needs were identified, the paralegal/VAC assisted in obtaining a list of possible services that could be implemented to address and meet the child’s needs. She then reported her communications and recommendations to the GAL regarding the child’s placement, behavioral, educational, medical, and emotional status, as well as her personal observations. The paralegal/VAC was able to ensure that the child got more than the “basics.” Her constant presence in the case resulted in enhanced opportunities for the child, e.g. obtaining a laptop, attending ballet classes, and informing the GAL that the family had landlord/tenant issues. Upon receipt of the paralegal/VAC’s report, the

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

GAL followed up on the information provided. This direct connection and established rapport led to better results for our GAL child, including safe and stable reunification with the child’s mother. Ultimately, reunification would never have occurred without the paralegal/VAC’s determination that mental health counseling and other services were needed for the mother. Akerman’s paralegal/VAC-GAL pairings were so successful for dependent children that in January 2015, Akerman received the 2015 Chief Justice’s Law Firm Commendation Award by the Florida Supreme Court and The Florida Bar, the highest recognition of pro bono legal service awarded in the state to a law firm. Akerman’s paralegal/VAC-GAL model is going strong to this day. Simply put, paralegals are irreplaceable fixtures in the LAS GAL department. Becoming a VAC is easy. LAS provides VACs with basic training on the dependency legal system, the GAL program, and the roles and responsibilities of a VAC. For more information about becoming a Volunteer Advocate for Children, please contact the VAC Coordinator, Mexcye Roberts, Esq., at mroberts@legalaidocba. org, or 407-841-8310 ext. 3176.

Have Clients with Tax Problems?

Look No Further than the Team at Heinkel Tax Law Group!

The Team at Heinkel Tax Law Group includes a former IRS Appeals Officer; a CPA; EAs; a tax attorney and a criminal tax attorney. The Heinkel Tax Team has a combined average experience of over 30 years fighting the IRS and DOR. You can trust YOUR clients to the Heinkel Tax Team. Make the referral and make your clients happy you did. We deeply appreciate all of our many referral relationships built over the years, and strive to establish trust and confidence in your clients, that we will try to resolve their tax dilemmas. You can trust in our skills, and having a rewarding referral relationship with us. Orlando - Daytona - Melbourne:

(407) 629-5923

Consult an Expert Comprehensive Employment Services Vocational Assessments Wage Earning Capacity Labor Market Surveys Vocational Testing Job Analysis

If you are interested in volunteering with the Legal Aid Society in another capacity, please contact Bethanie Barber, Esq., Guardian ad Litem Program Director, at bbarber@legalaidocba.org, or 407-8418310 ext. 3136. Tenesia C. Hall, Esq., Legal Aid Society GAL educator, has been a member of the OCBA since 2001. Bethanie A. Barber, Esq., Legal Aid Society Guardian ad Litem Program Director, has been a member of the OCBA since 2008.

Call 407-401-9745 or visit www.vocexpertservices.com. Fax: 844-639-9658 | devin@vocexpertservices.com 2431 Aloma Ave., Ste. 303, Winter Park, FL 32792 W O R K E R S C O M P E N S AT I O N • P E R S O N A L I N J U R Y • F A M I LY L A W

Agustin “Gus” Perez-Cervera, Esq. MEdiAtion SErviCES Florida Supreme Court Certified Circuit Civil Mediator 35 Years Experience as a Civil Trial Lawyer

305.443.0774 gusperezlaw@att.net

Now Serving Orange and Lake Counties

Bilingual English/Spanish

theBriefs May 2016 Vol. 84 No. 4

| Contract Disputes

www.orangecountybar.org/store Login for Member Pricing!

www.orangecountybar.org

PAGE 29

Business Law Committee continued from page 11

Williston was so busy trying to close the buy-out deal that he was willing to try almost anything that might reduce the time for resolving the dispute. He remembered that a law school classmate had just become general counsel for a much larger and publiclytraded company. [H]e recalled how After catching up, Williston said to his friend, “I’ve got this case that’s a royal pain. difficult it was to A former employee did some stuff he remaintain his focus ally shouldn’t have done. We didn’t even on the important pay much attention to it when it was filed our initial evaluation didn’t catch litigation issues as because some information that was kind of buried, the parties inched and now we’ve got a much bigger problem towards settlement in federal court in Charleston. I just got a call from a guy who said he was hired as during the ramp up settlement counsel for the other company, and he wants to sit down with me. Have to trial. you heard of or used settlement counsel?” His friend responded, “Roger, I’ve been using settlement counsel for years. I like it so much that we brought on a guy to do it fulltime for us, especially for all our IP disputes. Our experience is that it’s best to engage settlement counsel as soon as the case has been filed, or even before, if that’s possible. Having a consistent and dedicated resource to focus on settlement early in the case means we actually do identify “when it is right” to settle. Since most of our litigation is in federal court, the new rules for document retention mean that we have to spend at least $50,000.00 every time there’s a new case filed against us.” Roger’s friend continued, “You know your business people are no different than our business people. They hate sitting down with me or a member of my team and preparing for a deposition, and fly-specking old emails that might come back to bite them in a deposition. In fact, it’s to the point where our CFO is the biggest advocate for using settlement counsel, because it actually helps him budget legal costs. I think you need to get your own settlement advocate. I’ll send you three names.” Part 2 of “Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies” will appear in June’s issue of The Briefs.

Dan Churay, is executive vice president – corporate affairs, general counsel and corporate secretary at MRC Global Inc., a Fortune 500 supplier of pipe, values, fittings and other supplies to the energy industry. danchuray@ sbcglobal.net Frank M. Bedell, is a member of Bedell Dispute Resolution in Orlando, Florida and specializes in complex commercial matters. Prior to concentrating on settlement strategies, he spent more than 25 years litigating a variety of commercial disputes in state and federal courts. frank@bedelldisputeresolution.com Eric O. English, serves as chairman of the nominating and governance committee of a publicly traded company and serves on the executive committee for the Owen Panner Inns of Court. He graduated from the University of Texas at Austin. english@rsllp.us J. Patrick O’Malley, is a partner at Resolution Strategies LLP. A former in-house counsel, O’Malley continues to advise entrepreneurs and senior management in a number of private and publicly held companies. He received his JD from the University of Oregon Law School. omalley@rsllp.us Black’s Law Dictionary, Tenth Edition, Bryan A. Garner, West Publishing Co., 2014. Settlement Counsel: Answer to the FAQs, James E. McGuire, NYSBA Disp. Resol. Law., Fall 2010, Vol. 3, No 2, at 23-25. (Emphasis added) 3 What about Negotiation as a Specialty? Roger Fisher, 69 A.B.A. J. 1221 (1983). 4 Id. at 1224. 5 Harvard Bus.Rev. (March - April 1985)150. 6 Id. at 155. 7 McGuire at 23. 8 The Case for Settlement Counsel,14 Ohio St. J. on Disp. Resol. 367 (1999). 9 The Movement Toward Early Case Handling in Courts and Private Dispute Resolution, 24 Ohio St. J. on Disp. Resol. 83, 115-120 (2008). 10 Why Should Businesses Hire Settlement Counsel? 2008 J. Disp. Resol. 195. 11 Id. at 198. 12 McGuire at 24. 13 Id. at 25. 14 Id. 1 2

Reprinted with permission of the authors and the Association of Corporate Counsel as it originally appeared: Dan Churay, Frank M. Bedell, Eric O. English, J. Patrick O’Malley, “Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies,” ACC Docket, October 2015, at 5158. Copyright © 2015, the Association of Corporate Counsel. All rights reserved. If you are interested in joining ACC, please go to www.acc.com, call 202.293.4103 x360, or email membership@acc.com.

ACC EXTRAS ON… Settlement counsel Program Material Early Resolution of Claims Using Settlement Counsel (May 2014) www.acc.com/ settlementcounselwest-penn

ACC Chair’s ChoiceFixing Commercial Arbitration: Making It Work for Inhouse Counsel Around the World (Oct. 2013) www.acc.com/ choicefixingcommercialarbitration

PAGE 30

Metrics Mania: Leveraging Law Department Metrics to Manage Costs and Improve Performance (Oct. 2008)

ACC Docket How to Manage Disputes in a Flat World (June 2014) www.acc.com/ managedisputesflat-world

ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC. COM, WHERE YOU CAN BROWSE OUR RESOURCES BY PRACTICE AREA OR SEARCH BY KEYWORD.

www.acc.com/ metricsmania_ oct08

fs May 2016 Vol. 84 No. 4

www.orangecountybar.org theBrie

For Sale

Downtown Orlando Office Building

THE LAW FIRM OF

KING, BLACKWELL, ZEHNDER & WERMUTH, P.A. TAKES PLEASURE IN ANNOUNCING THAT

TAYLOR F. FORD AND VINCENT FALCONE III

JUST REDUCED! $369,000

HAVE BECOME SHAREHOLDERS OF THE FIRM WHICH WILL CONTINUE ITS PRACTICE OF

224 Annie Street, Orlando, Florida 32806

COMPLEX BUSINESS AND COMMERCIAL LITIGATION,

Property Features

APPEALS, LEGAL MALPRACTICE DEFENSE, AND SIGNIFICANT PERSONAL INJURY AND WRONGFUL DEATH

•

2,417± SF, two-story office building on 0.16± acres

KING, BLACKWELL, ZEHNDER & WERMUTH, P.A.

•

Great Downtown Orlando location

•

Very close to Orlando Health Campus

•

2 minutes / ½ mile from SR 408 (East-West) on-ramp

•

2 minutes / 0.9 miles from I-4 on-ramp at Gore Street

25 EAST PINE STREET POST OFFICE BOX 1631 ORLANDO, FLORIDA 32802-1631 www.kbzwlaw.com

• • •

For more information:

Jeffrey W. Bloom, CCIM

Well-laid out floor plan, suitable for any professional servicesnames.cdr firm C:\Users\Robbie\Desktop\fisher_announcement_2 Monday, February 02, 2015 10:57:04 AM Color profile: Disabled

+1 407 949 0709 jbloom@realvest.com

Second floor deck area

Composite Default screen

Zoning: O-1/T/HP/AN (Office)

SAVE THE DATE! We are pleased to announce the addition of

David R. McFarlin, Esq.

We are pleased to announce the selection of To benefit the

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

as the head of our firm’s new bankruptcy department

Kimberly E. Lorenz as a Shareholder

And to announce the selection of

Thursday, November 3, 2016 7:30 a.m. until 9:00 a.m.

Shawn Jewell, And t. the addition of esq.

Presidential Ballroom at Church Street Station 225 South Garland Avenue, Orlando, FL 32801

continuing practice in Michael M.to Brownlee the area of insurance defense & And the addition of Elizabeth C. Plummer c. gene Shipley, esq.

as shareholder

Parking limited (Reservations Required)

SPONSORSHIPS AVAILABLE:

Platinum Gold Silver Copper Bronze

$10,000 $5,000 $2,500 $1,000 $500

as Associates

as of-counsel to expand our 390 NORTH ORANGE AVENUE commercial and business litigation department SUITE 2200

SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials.

www.legalaidocba.org

Go to Donation Tab, By Donation Note: 2016 Breakfast of Champions

Donna Haynes, Development Director (407) 515-1850 or boc@legalaidocba.org

theBriefs May 2016 Vol. 84 No. 4

avery F. dawkins, esq. (407) 843-2111 WWW.FISHERLAWFIRM.COM

as of-counsel to expand our family law department

For sponsorship or to make donations, visit:

FOR MORE INFORMATION CONTACT:

ORLANDO, FLORIDA 32801-1642

390 North oraNge aVeNue • Suite 2200 orlaNdo, Florida 32801-1642 407.843.2111 • www.FiSherlawFirm.com

www.orangecountybar.org

PAGE 31

Parent Education and Family Stabilization Online Course

HONEYWELL MEDIATION & Other Alternative Dispute Resolution Services

Does your mediator help both sides get prepared? If your answer is no, you may have had the wrong mediator. Preparation is the key ingredient to any successful mediation. And, the more difficult your dispute, the greater your preparation needs. Your mediator, with your cooperation, should be an integral part of each party’s preparedness for DAN H. HONEYWELL mediation. The goal is for both parties to reach a level of resolution and satisfaction. Visit my website: www.honeywellmediation.com to find who I am, my online schedule, my educational blog, and what I offer you and your client who may be seeking success without trial. My unique credentials and

OCBA’s online courses are fast, convenient and inexpensive. Courses are available 24 hours a day, 7 days a week. All instructions are included online. You can start and stop programs, picking up where you left off, as many times as you like. Phone support is available for questions about using any of the online courses.

• Certified Circuit Civil Mediator • Certified Appellate Mediator • Certified Federal Court Mediator • Board Certified Civil Trial Lawyer

Call Honeywell Mediation/Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 • Statewide-National: 800-741-7000 Neutral, convenient conference facilities on Lee Road in Winter Park. Available anywhere in Central Florida without travel charge.

About This Course This four-hour course is required by Florida law for concerned parties seeking to obtain a final judgment of dissolution of marriage in Florida when minor children are involved. The course is approved by the Department of Children & Families and provided by a division of the University of Continuing Education.

www.orangecountybar.org/course_parent May 10, 2016

Educational Advocacy for Crossover Children, Children with Special Needs

May 24, 2016

Family Law Special Issues – Timesharing

June 14, 2016

Keeping Children Safe Act Certification for GALs

June 28, 2016

Family Law Special Issues – Relocation

July 12, 2016

Trauma-informed Care: From Case Plans to Placement Options

July 26, 2016

Dependency Motion Practice 1: Common Dependency Motions and How to Prevail in Court

August 9, 2016

Guardianship and Permanent Options for Dependent Youth at 18

August 23, 2016

Debt Collection Issues: Prevention and Defense

September 13, 2016

Therapeutic Engagement with your GAL Child

September 27, 2016

Sealing and Expungement of Records

October 4, 2016

Dependency Drug Court

October 18, 2016

Immigration Relief Available for Victims of Crime

November 1, 2016

Least Restrictive Means: Leveled Placements and Medications

November 15, 2016

Ethics Questions from Pro Bono Cases and Attorneys

December 6, 2016

Dependency Motion Practice 2: Common Dependency Motions and How to Prevail in Court

December 13, 2016

Domestic Violence and its Impact on Dependency Court

PAGE 32

www.orangecountybar.org

Legal Aid Society of the Orange County Bar Association, Inc. 2016 Free Lunchtime Learnings / CLE Applied for All 12:00 p.m. – 1:30 p.m. Marks St. Senior Center 99 E. Marks St., Orlando, FL 32803 Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

theBriefs May 2016 Vol. 84 No. 4

YLS Annual Dodgeball Tournament March 30, 2016

First Presbyterian Church Downtown Orlando

The YLS team went up against some tough competitors at their annual dodgeball tournament in March. Although our mighty YLS didn’t place, they put in a strong performance against 11 other teams and had a great time. There’s always next year! Go YLS!

Major Seminars

at the OCBA Center May 10

Immigration Law Committee Bootcamp Basics of a Family Immigration Law Practice 8:30 a.m.-5:00 p.m. CLE: 8.5 General, including 8.5 Immigration and Nationality Law and 0.5 Ethics credits Register through the OCBA Store by May 8

May 13

Criminal Law Committee Mental Health in Criminal Law Cases 9:00 a.m.-4:45 p.m. CLE: 7.5 General, including 7.5 Mental Illness credits Register through the OCBA Store by May 11

May 24

Solo & Small Firm Committee Media and the Law 11:30 a.m.-4:00 p.m. CLE: 3.0 (pending) Register through the OCBA Store by May 22

May 25

Elder Law Committee Topic: TBD 11:30 a.m.-4:30 p.m. CLE: TBD (pending)

OCBA Store www.orangecountybar.org/products/ seminars

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 33

Ne w M e mb er s

Attorneys

Laura Glenn

Hilda K. Roman

Katherine L. Sloan

Yazen A. Abdin

Ryan J. Hayes

Theresa A. Savona

Christina M. Smiekle

Andrea A. Adibe

Elizabeth J. Johnson

James E. Seay

Nicole Soltau Woods

Rasheed K. Allen

Stephen M. Jones

Jason J. Sexton

Kevin C. Allen-Nash

Kelley C. Godfrey

Benjamin J. Steinberg

Paralegal Students

Onchantho Am

Samantha R. Gordon

Angelina L. Stratton

Mark A. Avera

Howard Jay Harrington

Andrew J. Vargas

Simon M. Azarnia

Kirsten L. Holz

Michael M. Wilson

Agustin J. Benitez

Lydia L. LaBar

Cynthia M. Winter

L. Reed Bloodworth

Sean W. Landers

Alfredo R. Zamora

Juan C. Barreno

Shannon P. Liatsos

Allison E. Budnik

Summer E. Lubart

Affiliates

E. Ginnette Childs

Heather A. McLeod

Bradley W. Crocker

Olivia H. Miller

Pedro Dearaujo

John R. Moore

Nicole B. Dickerson

Jennifer M. Murray

Suzanne M. Driscoll

William H. Ogle

Alexandra K. Floyd

Henye Perez

Fiona E. Foley

Sally M. Prieto-Chomat

Amy E. German

Linda M. Reck Robert J. Rivera

PAGE 34

Joanna L. Browning Brigid A. Moore Neal L. O’Toole

Law Students Christophher V. Butler Jolynn M. Falto David A. Herrera Edward M. Moffitt

Denise D. Arnold Genna M. Crosby

Patron John L. Stiteler

Invite your colleagues to join the OCBA today! Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities! For more information, please contact the membership department at 407-422-4551, ext. 225.

Christina E. Potter

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

Events May 14 – 2nd Annual Law Day 5k. 7:30 a.m. Lake Baldwin Park. $35. For details and to register, go to https://www.orangecountybar.org/lawday5k.

Seminars May 4 – The LLC Act and the State of the Legislation. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (approved). Speaker: Louis T.M. “Lou” Conti, Esq. Register by May 2 at the OCBA Store. May 10 – Bootcamp Basics of a Family Immigration Law Practice. Immigration Law Committee Major Seminar. 8:30 a.m.-5:00 p.m. OCBA Center. CLE: 8.5, including 8.5 Immigration and Nationality Law and 0.5 Ethics (approved). Speakers: David Stoller, Esq.; Dina Castillo Ward, Esq.; France A. Lopez, Esq.; Frank Symphorien-Saavedra, Esq.; Kashmira Bhavsar, Esq.; Natalia B. Gove, Esq.; Nayef Mubarak, Esq.; Rebecca Morgan, Esq.; Renee Pobjecky, Esq.; Shahzad Ahmed, Esq.; Teresa B. Finer, Esq. Register by May 8 at the OCBA Store. May 10 – Educational Advocacy for Crossover Children, Children with Special Needs. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Kate York, Esq.; Abby Adkins, Case Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. May 12 – Deputies, Clerks and Court Reporters: Your Wingman. 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 13 – Mental Health in Criminal Law Cases. Criminal Law Committee Major Seminar. 9:00 a.m.-4:45 p.m. OCBA Center. CLE: 7.5, including 7.5 Mental Illness credits. Speakers: Hon. Frederick Lauten; Hon. Jose Rodriguez; Hon. Reginald Whitehead; Jeffrey Danziger, M.D.; Pam Davis, Esq.; Melissa Vickers, Esq. Register by May 11 at the OCBA Store. May 19 – Should You Be Scared? What Labor & Employment Attorneys Must Know About Arbitration. Labor & Employment Law Committee. 11:30 a.m.-1:30 p.m. OCBA Center. CLE: 2.0 approved. Speaker: Michelle Jernigan, Esq. Register by May 17 at the OCBA Store.

May 20 – Sex and Security. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 Marital and Family Law (approved). Speakers: Christopher W. Rumbold, Esq. Register by May 18 at the OCBA Store. May 24 – Media and the Law. Solo & Small Firm Committee Major Seminar. 11:30 a.m.-4:00 p.m. OCBA Center. CLE: 3.0 (pending). Speakers: Hon. Diana Tennis; Whitney Boan, Esq.; Elyssa Cherney, Orlando Sentinel. Register by May 22 at the OCBA Store. May 24 – Family Law Special Issues – Timesharing. 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 25 – Topic: TBD. Elder Law Committee Major Seminar. 11:30 a.m.-4:30 p.m. OCBA Center. CLE: pending. May 27 – IRS Tax Debt and Bankruptcy – Avoiding the Traps and Pitfalls. Bankruptcy Law Committee. 12:00 p.m.1:00 p.m. OCBA Center. CLE: 1.0 (approved). Speaker: Charlie Price. Register by May 25 at the OCBA Store. Jun. 9 – Topic: TBD. 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. Jun. 9 – Topic: TBD. Veterans Committee Seminar. Jun. 14 – 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. Speaker: Hannah Farber, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Jun. 17 – Real Estate Issues in Family Law. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Speaker: Andrew Fisher, Esq.; Karen Consalo, Esq.; Kevin Bordeaux. Register by June 15 at the OCBA Store. Jun. 28 – Family Law Special Issues – Relocation. 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.

An n o unce ments

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 35

CLASSIFIED ADS EMPLOYMENT Downtown Orlando law firm is seeking a 5+ year full-time litigation paralegal with experience handling insurance defense and/or plaintiff’s personal injury litigation. Benefits and Salary are based on experience. E-mail your resume to: dianna@vasko.net Boutique firm seeks attorney with 1+ years litigation. Excellent writing and computer skills. 50+ hours weekly. Frequent court appearances. Pay starts at 60+ depending on qualifications. Please contact Austin Aaronson at aa@aaronsonaustin. com or 407-644-1336 ext. 3. The Office of the State Attorney, Ninth Judicial

Circuit of Florida is recruiting for Paralegal positions. An employee in this position is responsible for performing routine paralegal assignments in support of the state attorney or an assistant state attorney. Duties include analyzing and summarizing information on statutes, memoranda and other legal material; examining and analyzing complaints and evidence of alleged or suspected violations of laws or regulations; and examining legal instruments or other documents to ensure completeness of information and conformance to pertinent laws, rules, regulations, precedents or office requirements. For more information, including application, please visit: https://peoplefirst. myflorida.com.

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

OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 898-4848. Casselberry - SW corner 436/17-92. Immediate Occupancy, Move-in condition. 2 Units: 1,153/1,500 sq. ft., 13 parking spaces $10.00/sq. ft. Modified Gross. Monument Signage, High Visibility, Easy Access 407-929-5335, melpearlman@ centralfloridalaw.com.

OFFICE SPACE SHARED One or two Winter Park offices with Lee Rd. signage available. Receptionist, conference rooms, copier and internet provided. $1,000 - $1,200 each. Call 407-629-4711 or info@ cotterzelman.com.

Professional Services Retired or semi-retired aggressive attorneys to work on a part-time contract basis for Personal Injury Law Firm conducting depositions in the following Counties: Orange, Osceola, Lake, Volusia, Polk. Bilingual (Spanish) speaking preferred. Send CV to lori. loftis@abercrombielaw.com – reference “part time attorney.”

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. Alladi & Patel

Gregory S. Martin & Associates, P.A.

McShane & McShane Law Firm, P.A.

The Aikin Family Law Group

Allen, Norton & Blue, P.A.

Harris, Harris, Bauerle & Sharma

Meenakshi A. Hirani, P.A.

The Arnold Law Group The Brennan Law Firm

Amy E. Goodblatt, P.A.

Heatwole Law Firm, P.A.

Men’s Divorce Law Firm

Anderson & Ferrin, Attorneys at Law, P.A.

Higley & Szabo, P.A.

Morgan, White-Davis & Martinez, P.A.

The Dill Law Group

Banker Lopez Gassler P.A.

Hilyard, Bogan & Palmer, P.A.

Murphy & Berglund, PLLC

The Draves Law Firm, P.A.

Benitez Law Group, P.L.

Hornsby Law

Murrah Doyle Wigle & Torre P.A.

The Elder Law Center of Kirson & Fuller

Beshara, P.A.

Infocus Family Law Firm, P.L.

N. Diane Holmes, P.A.

The Llabona Law Group

Billings, Morgan & Boatwright, LLC

James H. Monroe, P.A.

Nishad Khan, P.L.

The Orlando Law Group

Bodiford Law Group

Jill S. Schwartz & Associates, P.A.

O’Mara Law Group

The Rosenthal Law Firm, P.A.

Burr & Forman

Keating & Schlitt, P.A.

Ossinsky & Cathcart, P.A.

The Skambis Law Firm

Carr Law Firm, P.A.

King, Blackwell, Zehnder & Wermuth, P.A.

Provencher & Simmons, P.A.

The Smith Family Law Firm, P.A.

Cole, Scott & Kissane, P.A.

Korshak & Associates, P.A.

Ringer Henry Buckley & Seacord, P.A.

Vose Law Firm, LLP

Colling Gilbert Wright & Carter, LLC

Kosto & Rotella, P.A.

Roman V. Hammes, P.L.

Warner & Warner, P.L.

Cullen & Hemphill, P.A.

Law Offices of Brent C. Miller, P.A.

Rumberger, Kirk & Caldwell P.A.

West, Green & Associates, P.L.

DeCiccio & Johnson

Law Offices of Walter F. Benenati

Sasser & Weber, P.A.

Wicker, Smith, O’Hara, et al.

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Legal Aid Society of OCBA

Sawyer & Sawyer, P.A.

Wieland, Hilado & DeLattre, P.A.

Lewis & Crichton

SeifertMiller, LLC

Wilson McCoy, P.A.

Divine & Estes, P.A.

Lynn B. Aust P.L.

Small Business Counsel

Winderweedle, Haines, et al.

Faddis & Faddis, P.A.

Marcus & Myers, P.A.

Southern Trial Counsel

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

Fassett, Anthony & Taylor, P.A

Marshall, Dennehey, Warner, Coleman & Goggin

Stanton & Gasdick, P.A.

Wooten, Kimbrough & Normand, P.A.

Fisher Rushmer

Stovash, Case & Tingley

Yergey & Yergey, P.A.

Frank A. Hamner, P.A.

McDonald Toole Wiggins, P.A.

Frank Family Law Practice

McMichen, Cinami & Demps PLLC

Swann Hadley Stump Dietrich & Spears, P.A.

Giles & Robinson, P.A.

McMillen Law Firm, P.A.

Tangel-Rodriguez & Associates

PAGE 36

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

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

TOP SECRET

•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 3450, Grand Junction, CO 81502 970-331-6491 • trinitycathy@yahoo.com

•Legal Support Services•

Boehm & Boehm Forensic Media Consulting – Certified Comprehensive Litigation Support Solutions Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 407-405-8483 • florian@boehmboehm.com Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services Charles Kiester • 321-356-5350 • charlie.kiester@thomsonreuters.com ProServe USA 1, Inc. – Nationwide Process Service, Skip Tracing, Records Subpoenas, Bulk Pricing Available Rob Bamberg • 407-872-0707 • info1@proserveusa.com Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979. Evelyn Quintana • 407-423-9900 • evelyn@milestonereporting.com Data Analyzers Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! Andrew von Ramin Mapp • 805 S. Kirkman Rd, Suite 202, Orlando, FL 32811 321-206-6718 • andrew@forensicanalyzers.com

Where Would You Turn

Perfect Practice – Reduce Expenses. Increase Profits. Enhance Efficiency. Track Billable Time More Accurately. Improve Workflow. Start Today. Richard Prieto • P.O. Box 540086, Orlando, FL 32854 • 407-843-8992 info@perfectpractice.com

has protected the intrinsic rights of clients’ original ideas and unique technologies

•Miscellaneous•

44 years. ADDM&G serves clients locally, statewide, nationally and internationally.

for a tried and true solution that has already stood the test of time? Intellectual Property Law can be arcane and confusing to the uninitiated. If your firm is without an Intellectual Property Department or the adequate expertise or resources, you and your clients’ I.P. legal issues could be best served by working together with us, a highly-recognized, well-established, well-practiced Intellectual Property law firm. Every attorney in our firm is an Intellectual Property attorney. Most are Shareholders, Registered Patent Attorneys, many are Board Certified, all are dedicated professionals. Consider protecting your clients‘ brainstorm with the brain trust of Allen, Dyer, Doppelt, Milbrath & Gilchrist, an Intellectual Property law firm established in 1972. ADDM&G through the application of patents, trademarks, copyrights, licensing, infringement, trade secrets and unfair competition protection, business litigation and counseling for

WonderWorks Orlando All members of OCBA receive 25% off all WonderWorks Orlando Tickets via personalized company link. Annie Rivera • 407-352-4275 • events@wonderworksonline.com

•Professional Services•

Dytech Group Computer Networking – “Our Business lets you Focus on Your Business” Dennis Bell •7201 Sandscove Ct., Ste. 4, Winter Park, FL 32792 • 407-678-8300 Sales@Dytech.com InterNetwork IT – Everything IT for Your Company. Let us worry about your IT so you don’t have to. Adam Alexander • 653 W. Michigan St. Orlando, FL 32805 • 321-300-6383 Adam@InternetworkIT.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 discount or other promotion offered by any of the Vendors.

theBriefs May 2016 Vol. 84 No. 4

Orlando  4078412330 | Jacksonville  9043987000* | Miami  3053748303 Tampa  8136394222* | Winter Springs  4077965064 | www.addmg.com Listed in Intellectual Property Today as: 22ND in the nation for trademarks issued Top 100 in the nation for patents issued

 Patents  Trademarks  Copyrights  Litigation 

www.orangecountybar.org

PAGE 37

PAGE 38

www.orangecountybar.org

theBriefs May 2016 Vol. 84 No. 4

www.orangecountybar.org

PAGE 39

OCBA Calendar

OCBA Annual Installation & Awards Luncheon May 26, 2016 11:30 a.m. – 1:00 p.m.

MAY – JUNE

May

Committee 3 Professionalism 12:00 p.m. • OCBA Center

Paralegal Section Membership Meeting 12:00 p.m. • OCBA Center

The Ballroom at Church Street

RSVP by May 23, 2016 to

Seminar 13 Criminal Law Committee Major Mental Health in Criminal Law Cases 9:00 a.m. • OCBA Center

12:00 p.m. • OCBA Center

Leadership Law Meeting 6 7:30 a.m. • OCBA Center Estate, Guardianship & Trust 9 Committee

12:00 p.m. • OCBA Center

Law Committee 1 0 Immigration Major Seminar

See cancellation policy, page 9.

June

2 Annual Law Day 5k 1 4 7:30 a.m. • Lake Baldwin Park nd

Law Committee 1 Business 12:00 p.m. • OCBA Center

Professionalism Committee 7 12:00 p.m. • OCBA Center

Business Law Committee Seminar Judicial Relations Committee 4 The LLC Act and the State of the 18 12:15 p.m. • Orange County Legislation

http://orangecountybar.org/store

Courthouse

Lawyers Literary Society 8 12:00 p.m. • OCBA Center

Construction Law Committee 5:30 p.m. • OCBA Center

Veterans Committee Seminar 9 TBD

Labor & Employment Committee Seminar Should You Be Scared? What Labor & Employment Attorneys Must Know About Arbitration 11:30 a.m. • OCBA Center

12:00 p.m. • OCBA Center

Brown Bag Lunch with Judge John Kest TBD 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm.

Bootcamp Basics of a Family Immigration Law Practice 8:30 a.m. • OCBA Center

YLS Luncheon 20 11:30 a.m. • Citrus Club

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

Family Law Committee Seminar Sex and Security 12:00 p.m. • OCBA Center

Law Committee 1 0 Criminal 12:00 p.m. • OCBA Center

Solo & Small Firm Committee 24 Major Seminar

1 Committee 3 Estate, Guardianship & Trust

LAS Lunchtime Training Educational Advocacy for Crossover Children, Children with Special Needs 12:00 p.m. • Marks St. Senior Center Literary Society 1 1 Lawyers 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Veterans Committee 12:00 p.m. • OCBA Center Bag Lunch with 1 2 Brown Judge John Kest

Deputies, Clerks and Court Reporters: Your Wingman 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. Social Security Committee 12:00 p.m. • OCBA Center

PAGE 40

Media and the Law 11:30 a.m. • OCBA Center

LAS Lunchtime Training Family Law Special Issues – Timesharing 12:00 p.m. • Marks St. Senior Center Elder Law Committee Major 25 Seminar TBD 11:30 a.m. • OCBA Center

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

12:00 p.m. • OCBA Center

Luncheon 1 4 YLS 11:30 a.m. • Citrus Club LAS Lunchtime Training Keeping Children Safe Act Certification for GALs 12:00 p.m. • Marks St. Senior Center Law Committee 1 5 Elder 12:00 p.m. • OCBA Center

Family Law Committee Seminar Annual Installation and 17 2 6 OCBA Real Estate Issues in Family Law Awards Luncheon 11:30 a.m. • Church Street Ballroom

Bankruptcy Law Committee Seminar IRS Tax Debt and Bankruptcy – Avoiding the Traps and Pitfalls 12:00 p.m. • OCBA Center

www.orangecountybar.org

12:00 p.m. • OCBA Center

Lunchtime Training 2 8 LAS Family Law Special Issues –

Relocation 12:00 p.m. • Marks St. Senior Center

theBriefs May 2016 Vol. 84 No. 4