Orange County Bar Association The Briefs May 2018

A Publication of the Orange County

Bar Association

Richard S. Dellinger, Esq. OCBA President 2018-2019

Elizabeth F. McCausland, Esq. OCBA President 2017-2018

Inside this Issue: President’s Message A Year of Thank Yous Liz McCausland, Esq.

May 2018 Vol. 86 No. 4

Professionalism Committee Remarks upon Receipt of the 2018 James G. Glazebrook Memorial Bar Service Award The Honorable Daniel E. Traver

Immigration Law Committee The L-1A Visa and the EB-1C Visa: Options for International Businesses Seeking to Transfer Their Executive or Managerial Employees From Foreign Countries to the U.S. Nayef A. Mubarak, Esq.

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theBriefs May 2018 Vol. 86 No. 4

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www.orangecountybar.org

PAGE 1

Contents 3

18

President’s Message A Year of Thank Yous Liz McCausland, Esq.

4

Professionalism Committee Remarks upon Receipt of the 2018 James G. Glazebrook Memorial Bar Service Award The Honorable Daniel E. Traver

5

Legal Aid Society News Hurricane Disaster Relief Project Angel M. Bello-Billini, Esq. Laura Gutierrez Donna A. Haynes

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24-25

SideBar Alena V. Baker, Esq.

Business Law Committee Small Business Guide to Addressing Key Formation Issues Daniel H. Coultoff, Esq. Patricia R. McConnell, Esq. Michael G. Candiotti, Esq.

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Chief’s Column May Juror Appreciation Week The Honorable Frederick J. Lauten

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11

Special Feature The Benefits of Being an LGBTQ+ Legal Ally Christian C. Walters

12

Immigration Law Committee The L-1A Visa and the EB-1C Visa: Options for International Businesses Seeking to Transfer Their Executive or Managerial Employees From Foreign Countries to the U.S. Nayef A. Mubarak, Esq.

14

Feature Article Crushing It at Mediation!

David W. Henry, Esq.

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

31

SideBar Alena V. Baker, Esq.

33 Paralegal Post Little Things...

Lori M. Spangler, FRP

37 Health & Wellness Committee For What?

William D. Umansky, Esq.

39

New Members

16

Legal Aid Society News 2018 New Lawyer Award of Excellence Honorees: Abigail D. Edelstein, Esq., Amy E. Jellicorse, Esq., and Cynthia Ramkellawan, Esq. Catherine A. Tucker, Esq.

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Announcements

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

Classifieds

44

17

Calendar

Legal Aid Society What We Do...

Ride Like the Wind Bethanie Barber, Esq. Donna A. Haynes

Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470

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 ©2018 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

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Hearsay Columnist Vanessa A. Braga, Esq. YLS on the Move Jennifer A. Smith Thomas, Esq.

27

Clerk’s Corner Access to Justice Expands to Apopka Tiffany Moore Russell, Esq.

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

22-23

OCBA 2018 Professionalism Awards

6

©2018

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

Evening with the Judiciary OCBA February Luncheon

OCBA May Luncheon 2018-2019 Installation of Officers and Awards Luncheon

the Briefs

www.orangecountybar.org

Legal Aid Society Citizen Dispute Family Law Mediation Lawyer Referral Service Orange County Foreclosure Mediation Young Lawyers Section

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

theBriefs May 2018 Vol. 86 No. 4

President’sMessage

May 2018 I Liz McCausland, Esq.

theBriefs May 2018 Vol. 86 No. 4

A Year of Thank Yous

can’t believe the time has come for my last president’s message. It seems like yesterday I was authoring my first message. Now, I am looking back on a year with a 5k under our belt and another amazing Bench Bar Conference. Talk about ending in a blaze of glory! As I look back, every aspect of this job has far exceeded my expectations. I came into this year hoping to help our members build relationships that would help you both professionally and personally. There is no easy way to measure whether we were successful in this endeavor, but there were several events and policies that were put in place that hopefully will allow us to continue to make strides towards this goal.

We established a welcoming committee and protocol to help welcome new members to our bar and our luncheons. Walking into a crowded room and not knowing anyone can be daunting, even for the most extroverted people. Now, new members will receive personal letters and invitations from our diversity committee chairs and have a face to look for as they attend their first luncheon.

Our diversity committee chairs have also planned our first diversity and inclusion roundtable. This is an opportunity for members, old and new, to tell us what we are doing right and wrong as a bar and how we can make our bar an indispensable part of your legal toolbox.

Perhaps the article that received the most attention from our membership was the article speaking to the health and wellness of attorneys. I received emails, calls, and personal stories from several members. There is clearly a need for this topic to be addressed and, as such, we have formed a Health and Wellness Committee, and it will be a new selection on your membership renewal forms. While perusing this new selection, please note that we have also added a new substantive law committee, the Human Rights Committee, to help our practitioners who practice in this important area of law.

We tried to shake it up a bit at our luncheons, and in January, instead of having a traditional speaker, we held a networking luncheon. Former Congressman Ric Keller helped facilitate the discussion among our members about their passions and their brushes with greatness. Hopefully those in attendance learned a little about their fellow barristers and made a connection. The feedback on the luncheon was overwhelmingly positive, so I would look for it to happen again and come www.orangecountybar.org

participate if you missed it. We also took our social events to new and different venues this year thanks to the social committee and its chairs, Jen Smith Thomas and Jen Morando.

One thing that I really wanted to finish was our website revamp. As I write, I have gotten an exclusive sneak peek at the website, which will hopefully be live by the time you read this. I don’t want to bore you with the number of hours that went into every detail of this website, but I can say, be prepared to be impressed. More importantly, be prepared to have your interactions with the OCBA go just a bit more smoothly with our new store and the opportunity to purchase ondemand video CLE. There are so many unsung heroes whose immense contributions don’t get shouted from the rooftops, but who work to make our bar and community a better place. For instance, did you know we have a Lawyer Referral Service and Modest Means Panel to help people who don’t know a lawyer, find one, and people who cannot afford a lawyer, get one? Better yet, were you aware that there is a committee that meets at 8:00 a.m. routinely to tackle how to best serve the Orange County population through these panels? I bet you didn’t. I could give you more examples of the hours of selfless contributions by our membership in myriad ways (Law Week, The Law Day 5k, everything the Young Lawyers do, etc.). It is truly awe inspiring. But, since I have to wrap this up, let me just say we have an amazing bar and after having travelled the country and spoken with presidents from many bar associations – big and small – we are looked up to and emulated for our dedication to the practice and our service to the profession and community.

As I have been winding down, a few people have asked what I enjoyed most about serving as president. I can say, hands down, that the friendships I have developed with our staff, our committee chairs, other voluntary bar presidents, our membership, and our executive board members was the best part of the job. A close second would be serving as your first Asian American bar president at a time when all other branches of our bar (the Foundation, the Legal Aid Society, and our Young Lawyers Section) had women at their helm. It has been a distinct privilege to serve as your president. There are so many to whom I am grateful for allowing me this opportunity: continued page 32

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ProfessionalismCommittee

P

Remarks Upon Receipt of the 2018 James G. Glazebrook Memorial Bar Service Award

lease take a moment and think back to your first job out of law school. I’m not going to ask you to close your eyes or anything, but I would like you not only to think about what your first job was, but who you were back then. I don’t want you to just think about the facts. I want you to remember the feelings. If you’re still holding that first job, then think about how you felt in your first few months.

The Honorable Daniel E. Traver

My first job out of law school was working for Judge Kendall Sharp at the Middle District Courthouse. Judge Sharp had just taken senior status and, after a few months, I found myself with some extra time. I asked him if I could see whether any of the other judges needed help. I’m forever grateful that he said yes, because in addition to watching and learning from Judge Sharp, I got to watch and learn from Judge George Young, Judge John Antoon, Judge Greg Presnell, and the man for whom this award is named, Judge James Glazebrook.

When I think back to that first job, I remember a deep and daily sense of apprehension. My various bosses had risen to the heights of the legal profession, and they were aided largely by a bunch of 25 year olds with no professional experience. For that reason, there was a lot of effort expended on both sides of those relationships. The judges were constantThe Honorable ly trying to teach the law clerks, and the law clerks James G. Glazebrook were constantly trying to keep up and not to disappoint. I know this feeling is not unique to my first job, which is why I started this article the way I did.

James Glazebrook began his career working as a law clerk for Judge John Reed. He then worked his way from associate to partner at a large New York law firm. He then returned to Orlando, where he served as an assistant United States attorney for seven years. At that point, all the district court judges knew and respected him, and it was a no-brainer to appoint him as a United States Magistrate Judge.

When I remember him, though, I don’t think of the golden resume. Rather, I think of the inexhaustible energy the man had for helping younger lawyers. He was tall, blonde, and had an easy smile. If you even ducked your head into his chambers, you’d be invited to “sit down and PAGE 4 www.orangecountybar.org

visit.” Those visits covered topics related and unrelated to the law. Judge Glazebrook loved riding horses. He would exercise the Orlando Police Department’s horses in his spare time, and he would greet them by name when we walked to lunch.

He also enjoyed international travel, the outdoors and, most of all, his wife and two daughters.

When we did discuss the law, he took a Socratic approach but not in the terrifying way we remember from law school. Rather, he had a genuine interest in parsing a complicated solution, and he never assumed for a second that an inexperienced lawyer might not have a good idea even when that idea differed from his own. I’m not sure I ever added that type of value, but I found it remarkable that his willingness to listen brought out the best in me. He was a constant presence at bar functions, and I was blown away at how he could treat a conversation with a brand new attorney with as much dignity and gravity as when the managing partner of a law firm wanted his attention.

I want to highlight the incredible impact that each of you can have on how the practice of law is conducted here just by interacting in a positive manner with those who graduated law school after you did. I’ve never thought for a moment that professionalism is in decline or that younger lawyers are to blame for it. I do believe that stress, economic pressures, and feeling threatened can bring out the worst in people. I also believe that every lawyer has at least one story about an older lawyer trying to take advantage of their inexperience. I suspect this experience has been a constant occurrence in every generation to practice law, and I think that stopping it is the easiest way to improve our community’s overall level of professionalism.

But it goes beyond that. Younger lawyers look to older lawyers on how to conduct themselves, just like students look to teachers, athletes look to coaches, and parishioners look to pastors. Your interactions with younger lawyers provide the easiest and most meaningful way to leave the profession in a better place than you found it. And this means all younger lawyers, and not just your opponents. If you conduct yourself with the highest possible levels of professionalism with opposing counsel but you treat your younger colleagues like disposable objects, you have encouraged the people who know you the best to respect you the continued page 8

theBriefs May 2018 Vol. 86 No. 4

OCBA LuncheonThursday, May 24, 2018

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 Liz McCausland, Esq., 2017-2018 OCBA President and Richard S. Dellinger, Esq., 2018-2019 OCBA President Thursday, May 24, 2018 11:30 a.m. – 1:00 p.m.

The Ballroom at Church Street • 225 South Garland Avenue Orlando, Florida 32801

RSVP by May 21, 2018 www.orangecountybar.org/store Cancellation deadline: May 21, 2018 Ashley Norris at ashleyn@ocbanet.org If you have RSVP’d and find you cannot attend, please cancel your reservation by the published cancellation deadline. Please see the cancellation policy on the OCBA website.

To cancel, contact Ashley Norris at ashleyn@ocbanet.org.

Cancellations by phone will not be accepted.

There is no June luncheon.

Beginning July 2018, OCBA Luncheons will be held at Embassy Suites, 191 East Pine Street, Orlando, Florida 32801.

Sponsored by: theBriefs May 2018 Vol. 86 No. 4

www.orangecountybar.org

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Clerk’sCorner

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

Access to Justice Expands to Apopka

s you may know, the Self Help Center has been one of my biggest priorities, because many people in our community need affordable legal assistance.

You have likely read or seen in recent issues about my office’s expansion of our Self Help Center, and I am excited to share that it is now official. At the end of January, we cut the ribbon on our Self Help Center in Apopka.

We couldn’t do it on our own. Our partnership with the Orange County Bar Association allows us to offer low-cost attorney consultations in family law, small claims, and residential evictions, as well as form completion assistance and notary and copy services on Tuesdays from 8:00 a.m. to 4:00 p.m. in Apopka.

Since the opening of the Apopka center on Rock Springs Road, we have served more than 300 customers, and nearly 200 pro se litigants have scheduled attorney consultations.

We still offer self-help services at the Orange County Courthouse, Monday through Friday,

from 8:00 a.m. to 4:00 p.m. with attorneys available on Monday, Wednesday, and Friday.

There is always a special need for attorneys who want to give back to those in our community who cannot afford legal assistance. Our Self Help Centers are always in need of more bi-lingual attorneys who speak English and Spanish or Creole, and I encourage you to apply by contacting the Orange County Bar Association.

As always, an appointment for an attorney consultation can be made right from our website at www.myorangeclerk.com. Go there today to learn all the latest information.

Again, thank you for seeing the need in our community and partnering with us on the Self Help Centers. Since August 2015, we have served more than 50,000 customers in need.

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

OCBA Diversity & Inclusion Roundtable Luncheon

May 16, 2018 • 11:45 a.m.-1:00 p.m. • OCBA Center Please join us for a roundtable discussion hosted

by OCBA’s Diversity & Inclusion Committee.

Engage in open dialogue with colleagues and share your insights about diversity and inclusion in the OCBA. Topics may include:

• Should the OCBA have a prayer before luncheons?

• Is there diversity in our leadership and if not, what steps should be taken to rectify that?

• Do you feel we have an inclusive bar?

• What can the OCBA do to be of service to our diverse membership?

Lunch will be provided. We hope you will join us for this free event.

Please register through the OCBA Store by May 14, 2018. orangecountybar.org/products/social_events PAGE 6 www.orangecountybar.org

theBrief s May 2018 Vol. 86 No. 4

Chief’sColumn

A

May Juror Appreciation Week

recent survey disclosed that only 27 percent Understanding the everyday strains of our hecof Americans have ever sat as a juror in a jury tic, fast-paced world, we try to provide jurors at trial. More than 70 percent of Americans our courthouses with a comfortable environment have not experienced what it means to be a juror while they are waiting to be called for a jury panin our American system of justice! I am sure all of el. Our jury rooms have designated areas where us know people who, having received a jury sum- jurors can work quietly on their mobile devices or mons in the mail, ask how to get out of jury duty. charge their phones at various charging stations.

Yet jury service is integral to our American system Jurors who don’t need to catch up on work, can of justice. Being a juror is one of the most direct play board games, read a book or a magazine, or ways to participate in our democracy. The juror, surf the web in our cyber cafés. We hope to welThe Honorable Frederick J. Lauten not an elected representative, makes a decision come jurors and leave them with a positive, lastabout whether the accused is guilty or not guilty, ing impression of their juror experience.

Chief Judge or determines the responsibility of a party in a We are mindful of the sacrifice of time and money Ninth Judicial Circuit Court civil dispute. No more direct form of decision- that jurors make when reporting to the courtmaking exists in our representative democracy. house. Because judges and staff are directly responSo why have so few Americans actually served as sible for processing jurors in our circuit, we have jurors? Certainly one of the reasons is that jury implemented policies that limit the burden on service is inconvenient. Admittedly, jury service prospective jurors. Each county has a “jury judge” takes one away from a job or daycare or any of who oversees the processing of jurors. Through the other numerous responsibilities attendant to administrative orders, we have established a cutoff daily life. While the inconvenience of serving on time by which judges have to request jurors for the a jury is real, jury service is also an integral re- following day, a deadline to order a jury panel on sponsibility of American citizenship. Last April, the day of trial, and a limit to the amount of time a survey conducted by the Pew Research Center a jury panel can be waiting outside a courtroom showed that just over 70 percent of adults age 30 before they are returned to the jury room. In order or older felt that jury service was part of good citi- to exceed these guidelines, a judge must get prior zenship. That number dropped to just 50 percent approval from the jury judge. when polling adults under 30. People who find purpose and value in an activity are more likely to We also run detailed reports to determine the engage in the process and encourage others to do lowest number of jurors needed on any given the same. Left unchanged, young adults’ percep- day – only summoning enough jurors to satisfy tions of jury service could lead to lower jury yields requests for jury panels. Whenever possible, we in the future, costing taxpayers more money and schedule jurors who have previously failed to report on days when they are more likely to be resulting in less diverse juries. needed. By establishing these policies, we send A second reason jury service is perceived negative- a message to jurors that we value their time and ly may have to do with the changing workplace. appreciate their willingness to report for jury serSmart phones and laptops connect employees to vice – and hopefully help shape their perception their jobs around the clock. For many employees, of the importance of fulfilling their civic duty. these technological advances create an expectation that work can be accomplished whether they are We are constantly looking for ways to eliminate working offsite or in their home office. In addi- obstacles to make it easier for people to report to tion, companies have become leaner and more the courthouse. For some, an impediment to reefficient in recent years, frequently distributing porting for jury duty is transportation. In the past workloads among fewer employees. For these em- year, I met with management at Lynx to request ployees, taking time off work – whether to report that they extend the courtesy of offering free bus for jury service or to enjoy a day off – does not rep- service to jurors in Osceola County. I am very resent a vacation but rather means more work for grateful that Lynx was willing to accommodate them to complete once they return to their jobs. that request. Starting earlier this year, Osceola For self-employed individuals, reporting for jury County jurors began riding free to and from the service is a cost that hits the bottom line; if they courthouse by simply showing their juror sumare not working, they are not earning money. In mons to a Lynx bus attendant, just as Orange addition, transportation to the courthouse chal- County jurors have been doing. continued page 8 lenges many who receive a summons for jury duty. theBriefs May 2018 Vol. 86 No. 4 www.orangecountybar.org PAGE 7

ProfessionalismCommittee continued from page 4

least. Or even worse, you have taught them to impart this behavior on the next generation.

I look back on my conversations with Judge Glazebrook with 16 years of additional professional and life experience. I know now how busy a federal magistrate’s schedule is.

I know now how much we spoke for how little professional value I added. I know now that some of my ideas that I was so keen to share because I felt comfortable sharing them were stupid. I know now that it would have been easier for him to make the edits himself than to explain to me why they were necessary. I know now that it was easily more important and more beneficial for him to talk to that managing partner than to me or my friends.

But I also have those same 16 years to look back to see how I got here today, and it

wasn’t just the Judge Glazebrooks of the world who are responsible. I was thrilled that Sara Huff Potter, a former coworker and a terrific friend, gave an unbelievable introduction when I received this award.

For all the nice things she said about me, she should understand that she represents a whole bunch of people who got their degrees after I did, and who have worked very long hours to make me look and sound smarter than I am. So thank you, Sara.

Thank you Rachael, Nick, Ryan, Carmen, Erin, Joe, Marc, Maureen, Justin, Jeff, Saqib, Joe, Roland, Ron, T.W., Andrew, Sarah, Mike, Joe, Ashley, Chris, Michael, Justin, Brock, Aaron, Natalie, Jason, Lee, Josh, Jack, Fere, and Gerlin. Thank you for your ideas, thank you for your tireless energy, and thank you for sacrificing things you’d have rather been doing in order to help me. I do not get the opportunity to stand here and talk about Judge Glazebrook if not for you.

He died very unexpectedly almost 11 years ago. He was 52. One of the countless reasons his loss was so devastating is because 40 years of younger lawyers were deprived of his wisdom, his insight, and his example. When I heard that I was receiving this award, I tried to explain Judge Glazebrook to my wife, and I found that I struggled to get through it. It was hard to make these remarks. It still hurts that he died so early, and it’s still unfair. I want to thank the people who nominated me and selected me for this honor. I have not been doing this job nearly long enough or well enough to deserve a professionalism award named after Judge James Glazebrook, but I promise to do my very best to honor his legacy.

I hope all of you will help me.

The Honorable Daniel E. Traver, Circuit Court Judge in the Ninth Judicial Circuit, has been a member of the OCBA since 2005.

Chief’sColumn continued from page 7

Have Clients with IRS Problems?

Beginning this May, in an effort to make funds more readily available, Orange County jurors will receive compensation within days of completing their service in the form of debit cards. Once the funds are loaded on the cards, jurors can use the funds immediately at any location where MasterCard is accepted.

The judicial system relies heavily on the participation of jurors to provide everyone appearing in court with equal access to justice. We value the important contribution jurors make to our system of justice, and we appreciate the sacrifices they have to make to fulfill their service. Simply put, it would be impossible for us to do our jobs without them. So on behalf of the judges and staff of our circuit, I would like to thank everyone who has served. To those who question the purpose of jury service, please know that this circuit is committed to being a faithful steward of your time while you are serving at our courthouses.

If you receive a summons for jury service, please understand how important your service is to the community, how much we appreciate your service, and the efforts we make to respect your time and commitment.

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theBriefs May 2018 Vol. 86 No. 4

Craftsmanship.

Just as a master vintner knows when it is time to harvest his grapes, John

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knows when a dispute is ripe for mediation and settlement. He knows the process, like making a fine wine, takes preparation, patience, and perseverance. Engage his experience, wisdom and skill, acquired over many years of crafting creative settlements, and enjoy the taste of resolution.

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theBriefs May 2018 Vol. 86 No. 4

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PAGE 9

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

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

Lance O. Leider, J.D., LL.M. • B.A., University of Florida • J.D., Barry University School of Law • LL.M. from Loyola University Chicago School of Law’s Beazley Institute for Health Law and Policy

• Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

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

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 10

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theBriefs May 2018 Vol. 86 No. 4

SpecialFeature

W Christian C. Walters

theBriefs May 2018 Vol. 86 No. 4

The Benefits of Being an LGBTQ+ Legal Ally

hat is an ally? As the term would suggest, an ally is a person who aligns his or her interests with those of another person or group. In terms of the LGBTQ+ community, allies are straight-identifying individuals who stand united with the LGBTQ+ community despite the latter’s sexuality or gender identity. Allies are often times the intermediary, arbiter, and forward hand of the LGBTQ+ community. As such, allies are crucial in helping to develop a mutual sense of community.

But how exactly does being an ally fit into the attorney-client relationship? It’s simple: if you have a question regarding a quiet title action, you seek a real estate attorney. If you want to amend your last will and testament, you seek an estate planning attorney. If you’re LGBTQ+ and want to feel comfortable that your advocate will represent your best interests, you seek an LGBTQ+ ally. The result is a sort of identity comparison in which LGBTQ+ clients feel that their interests, regardless of the matter involved, are best furthered by an LGBTQ+ ally. Clients will naturally feel – especially with the discrimination all members of our community have faced at least once – that an attorney who does not respect their sexuality is an attorney who may not have the client’s best interests at heart.

Though often not the case, an LGBTQ+ client may feel that if their attorney harbors any prejudice against them because of their sexuality, they will receive less-than-stellar legal services or their case may be sidelined or viewed as less important. That is not to say, however, that an attorney will disregard the case of an LGBTQ+ client, but merely that the client may perceive that their case will be disregarded. Such a perception can seemingly only hamper the attorney-client relationship and may prevent the free and open exchange of candid information between advocate and client.

A client may perceive, regardless of the attorney’s ability to depart from such personal prejudices, that the client may be sidelined by the attorney for the simple reason of their identity. If at all, a prospective client may therefore only proceed with engaging such an individual only when the client has concealed their sexual identity. Certainly, concealment at the onset of representation sets a bad precedent for the duration of the relationship.

www.orangecountybar.org

The easiest way to ease your clients’ worries? Be an ally. Let your client know you’ll support them not only in their individual legal battles, but in the battle the LGBTQ+ community has and will continue to face. The client will feel extremely comforted knowing that you support them in not only their personal issues, but in their community’s struggles. Be an advocate, be an ally, and thereby solidify the attorney-client relationship with a bond of mutual respect.

But how does being an ally benefit your practice?

Why care? The answer is simple. When becoming a pronounced ally, you gain access to a widespread client base that may exclusively seek an LGBTQ+ advocate. Further, you gain a diverse referral base in an often-underserved market. If nothing else, the sheer economics of becoming or recognizing your firm as an ally stands only to bolster revenue streams and provide access to a diversified referral network. Moreover, recognizing your firm as an ally benefits the firm from an employment standpoint. Workplace discrimination against LGBTQ+ -identifying individuals is still a currently developing issue. You may often see lists online identifying business as a “top employer for LGBTQ+ individuals.” By recognizing your firm as an ally, you duly gain access to an entire demographic that may only seek employment from an LGBTQ+ -friendly employer. Such a recognition benefits a firm by potentially reducing the amount of overhead expended in finding qualified candidates and potentially reducing costly employee turnover.

In conclusion, recognizing your practice as an ally stands only to benefit your firm. Clients will feel secure placing their trust in you, and employees will feel secure that they will never be ousted because of their sexuality. In an ever-changing society, more and more businesses are recognizing the role their enterprise plays in the development of a more tolerant and more diverse society. Marketing has its limits, undoubtedly, but recognizing yourself as an ally can only stand to help boost production and expand your network.

Christian C. Walters, a paralegal with Barry L. Miller, P.A., is the treasurer of the Central Florida Gay and Lesbian Law Association, Inc.

PAGE 11

Immigration LawCommittee

S Nayef A. Mubarak, Esq.

The L-1A Visa and the EB-1C Visa: Options for International Businesses Seeking to Transfer Their Executive or Managerial Employees From Foreign Countries to the U.S.

ince President Trump’s inauguration, immigration law has been at the center of political debates and breaking news stories. The bulk of the discussion has been on the controversial issues of the “the wall,” DACA, refugees, and the numerous attempts to implement travel restrictions. What has not received much coverage are the changes we are seeing with employmentbased visas, investor visas, and business visas. For many attorneys not familiar with immigration law, there may not be much more to the practice of immigration law other than naturalization (citizenship), asylum, and permanent residency (“green cards”) through marriage. In fact, there are dozens of both non-immigrant and immigrant visas. Here we will discuss the L-1 Intracompany transferee visa, along with the EB-1C, an employment-based immigrant petition designed specifically for multinational executives and managers, and the recent changes the Trump administration has implemented on these visas.

The L-1 Visa Overview The L-1 visa is for intracompany transfers of executives, managers, or individuals with specialized knowledge (L-1B) from a foreign entity to its parent, branch, affiliate, or subsidiary in the United States. For example: If John Smith (Beneficiary) is the CEO of Koke Enterprises in Germany, and is now being transferred to run an existing office or to start the new U.S. office of Koke LLC (Petitioner) in Orlando, he may be eligible for the L-1 visa as an executive being transferred for an executive position to an affiliate or subsidiary company in the U.S. To qualify for an L-1 visa, the following general requirements must be met: • The U.S. company must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and • Currently, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.

• Generally, the beneficiary must have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States.

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• The beneficiary must be seeking to enter the United States for an executive or managerial position, or a form of specialized knowledge.1 For many immigration law practitioners, the two requirements most difficult to establish with United States Citizenship and Immigration Services (“USCIS”) are that the position of the transferee in the U.S. will be executive or managerial and that a qualifying relationship exists under the affiliate definition.

Managerial and Executive Capacity (L-1A) Managerial and executive capacity are defined under 8 C.F.R. 214.2(l)(ii)(B) and 214.2(l)(ii)(C), respectively. In addition to definitions provided by the regulations, the United States Citizenship and Immigration Services should consider a) where the beneficiary will be employed; b) the entity’s organizational hierarchy; c) the beneficiary’s position therein; and d) the company’s ability to relieve the beneficiary from having to primarily perform the daily operational tasks of the business.2 It is critical that an attorney review their client’s job descriptions and duties to be sure that the beneficiary’s duties meet the minimum requirements under the definitions. It is also important to note that any subordinate managers or executives of the beneficiary should also meet the definitions provided in the regulations. The duties and job description of subordinate employees are often reviewed by USCIS. USCIS will challenge whether the beneficiary is an executive if his or her subordinates do not meet the definition of a manager. It is not required to have a manager reporting to an executive, however. USCIS often argues that if the subordinate employees do not meet the definition of manager, then the beneficiary could never be an executive. It is important to anticipate and to support your client’s evidence to ensure the definitions have been met to classify the beneficiary in the managerial or executive capacity.

The Affiliate Relationship The affiliate definition can be difficult to establish as it is not as black and white as the other qualifying organizations such as: subsidiary, branch, or parent office. The regulations provide three different definitions under affiliate, but the one often questioned is the second definition which defines affiliate as “…one of two legal entities owned and theBriefs May 2018 Vol. 86 No. 4

controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity…”3 Additional guidance is provided from case law in Matter of Tessel, 17 IN Dec. 631 (BIA 1981). The Board of Immigration Appeals stated the determination on whether an affiliate relationship exits is determined on control of the two entities rather than actual shareholders.

In another case, Sun Moon Star Advanced Power, Inc. vs. Chappell, (BIA 1981), the U.S entity was owned by five siblings, their two parents, and two spouses of the siblings. The foreign entity was only owned by the five siblings and their two parents. There, the businesses were deemed to be affiliates, thus the same group of people, nor the same portion, is understood to be exact. When seeking to establish a relationship under the affiliate definition, it is important to have a common shareholder(s), and/or establish one entity has control of the other.

While the ambiguities in the definition can create real problems for a practitioner seeking an L-1 visa, it also creates opportunity. First, an affiliate relationship allows for greater flexibility for small start-up companies. A shareholder of a foreign entity can also be a beneficiary of the L-1 visa. A shareholder with majority interest in a foreign entity could establish a U.S. company on his or her own and still qualify for the L-1 visa. The fact that the U.S. affiliate need not be in the same industry as the foreign office also allows for flexibility and options for potential L-1 clients. The beneficiary’s skills, however, should be transferable. Another creative way to qualify a foreign entity for an L-1 visa is to use shareholder rights of proxy. For example, if two minority shareholders of a foreign entity could obtain majority control by combining their voting rights, the two parties can now open an office in

the U.S. and meet the definition of qualifying organization for purposes of the L-1 visa.

Important Affiliate Relationship Update On December 29, 2017, the USCIS issued a Policy Memorandum on Qualifying Relationships and Proxy Votes.4 This memorandum clarified that when proxy votes are a determining factor in establishing control, the petitioner must now show the proxy votes are irrevocable from the time of filing through the time USCIS adjudicates the petition, along with evidence the relationship will continue during the approval period requested.5 This is a brand-new requirement for the affiliate relationship. This memorandum should be reviewed carefully prior to filing an L-1 petition based on an affiliate relationship.

Recent Changes Under the Trump Administration On April 18, 2017, President Trump signed the Buy American and Hire American Executive Order (“BAHA”), which seeks to create higher wages and employment rates for U.S. workers and to protect their economic interests by rigorously enforcing and administering our immigration laws. It was clear that USCIS and the Executive Branch were committed to changing many of the employment and investor visas procedures and policies.

Behavioral Drift and Changes in the L-1 Visa Interviews at the U.S. Embassy Although not specifically listed in the BAHA executive order, many immigration attorneys are reporting that their clients are experiencing greater scrutiny at their L-1 visa interviews at U.S. embassies abroad. The White House has made it clear that its priority is to implement a culture of Buy American, Hire American. It is no surprise that a behavioral drift and a change in attitude towards foreign national employment-based visas have become affected by the White House policies, even

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when not explicitly intended by the administration. One question seemed more poignant than others, “why can’t an American do your job?” The L-1 visa is specifically for executives, managers, or persons of specialized knowledge to be transferred from a foreign entity abroad to its qualifying organization in the U.S. for a temporary period. It is required to demonstrate that L-1 recipients are employed abroad prior to seeking a transfer, not that the petitioner was unable to find a qualified candidate within the U.S. Many Orlando immigration attorneys have also noticed an increase in on-site inspections. Now, more than ever, attorneys need to prepare their

clients for thorough interviews that may include questions not relevant to their L-1 visa.

EB-1C: An employment-based Immigrant Petition for Multinational Executives and Managers The EB-1C visa category is one of the three types of employment-based, first-preference petitions for permanent residence reserved for aliens who are among the most capable and accomplished in their fields. The EB-1C is quite like the L-1 in the sense of necessary requirements; however, with an approval of EB-1C (filed on form I-140), the beneficiary would be eligible for an immigrant visa.

This would allow the beneficiary to obtain permanent resicontinued page 28

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

Modest Means Program

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

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

PAGE 13

FeatureArticle

T David W. Henry, Esq.

Crushing It at Mediation!

here is little doubt that mediation will continue to be a frequent, if not mandatory feature of dispute resolution in circuit and district court. The title for this article reflects the notion that mediation does not get the same attention nor command the sort of reverence that trial evokes. Nobody comes back from a hard day of mediation and says, “I crushed it today!” But given that only 2-3% of cases go to trial, and the overwhelming majority of cases go to mediation, one should learn how to “crush it” at mediation because that is where the case is likely to end.

If mediation were a traded equity, it would be a growth stock. Yet within the skill set of litigators, mediation preparation and advocacy is oftentimes an area for improvement. This is in part because the mediation process does not depend upon the application of fact to the law, rules of procedure, or precedent – none of the bread-and-butter material comprising a typical law school education. Mediation does not depend on trial skills or the art of lawyering in the ordinary sense. Because there are no hard-and-fast rules (other than confidentiality), and because mediation training is limited, younger litigators are not usually well prepared to be great mediation advocates.

Here are some suggestions that will ready you and the client for the mediation session. All of these activities are rightfully billable since they help increase the chances of successfully resolving the case at mediation.

Make sure you have the best voice and final decision maker in attendance for corporate parties and that all parties have key decision makers.

Telephone opposing counsel and tell him or her you intend to bring a key decision maker and that you expect he or she will do the same. No placeholders. Mediations that lack key decision makers are more likely to result in an impasse. It is not enough to makes sure you have the right representative. The smart advocate endeavors to make sure all parties bring the right people.

For the client, create a comprehensive claim or suit report 45 to 60 days before mediation that includes a future budget to designated milestones: summary judgment, mediation, and trial. Include the good, bad, ugly, and what other options exist (if any) for resolving the case short of mediation.

Solicit a pre-mediation demand and statement from other parties. If they do not comply, this insulates you and the firm in large measure from

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criticism – as your client may have expected clairvoyance. If you have asked the other side for a position statement, and if new and material information was not shared in their pre-mediation statement, how can you be faulted for not knowing this in advance? Soliciting a position statement from all parties and generating your own is an often-overlooked step in mediation preparation.

Getting a pre-meditation statement and sending one is a smart tactic to avoid client criticism.

Find a mediator the other side respects. It is not important that he or she be your favorite mediator but that the other side respects his or her message in private session. When the mediator walks in with your last number at the end of the day, a mediator trusted by the other side can help sell it.

Make sure the non-economic terms of the deal do not become a distraction. Usually, but not always, you have to focus on the money first. If there are other parts of the deal, leave those until the end. (A good mediator will steer you this way.) But sometimes the non-economic terms are important to one side. Don’t ignore or put off these issues merely because they are “not part of the lawsuit.” You are mediating a dispute, not a lawsuit. I see lawyers too often under the belief that the mediation is limited to the scope of the pleadings. Not true.

Understand that everyone needs an exit strategy that works economically, intellectually, and emotionally. If you insist on capitulation by the other side, you are doomed to impasse. Litigators don’t always get this. Saying the end game for the other side is “not your problem” is dead wrong.

It is precisely your problem. You need to find a way for the other side to leave the battlefield with some dignity. (Non-economic concessions can be that bridge.)

Ask the parties to disclose any non-party who may be in attendance as expert, advisor, or consultant at the mediation. Resolve any true legal objection to participation if challenged. (Mediation rules differ in jurisdictions regarding participation by non-parties.) As long as the participant is subject to confidentiality, non-parties should generally be permitted to appear. The mediator will be able to gauge whether they are helpful or limit their voice.

In multi-defendant cases, the defense lawyers should meet and confer with the clients (and insurers) to consider litigation funding arrangements and pro rata contributions that may be

theBriefs May 2018 Vol. 86 No. 4

required to resolve the case prior to the formal mediation session. Even if formal agreements are not reached prior to mediation, the discussions will have advanced the process. Hold a “pre-mediation” defense caucus.

Advise the client in writing of any recent material developments that may influence the time of trial, cost, or case value. Oftentimes, the client has fixed on early facts and analysis of the case and has not digested or

understood how the case has evolved such that early opinions about case value may no longer be valid. This is particularly true with contingency-fee clients.

Schedule the mediation with sufficient time afterwards (if needed) to conduct discovery after the mediation session ends.

In the absence of settlement, many times (dare we say always?) you will learn new information that leads to the need for additional discovery or investigation.

New Administrative Order in Orange County Amended Administrative Order 2012-06-03 – Governing Residential Foreclosure Mediation Procedures, Orange County. Please note, the amendments provide that in addition to residential mortgage foreclosure actions on homestead property, all residential lien foreclosures in which the property is a homestead residence and the plaintiff is a homeowner association, community association, or condominium association shall be referred to the Orange County Residential Foreclosure Mediation Program (RFMP) unless the plaintiff and defendant agree in writing otherwise.

Settlements at mediation do not happen by accident. Poorly planned mediations and unprepared lawyers cause clients to question their choice of counsel. Mediation lacks the sizzle of trial, and, due to the demand of litigation, mediation preparation can be – and frequently is – overlooked.

Cases that might take years to resolve by litigation can be resolved by a mediated settlement in a single day. It thus behooves us to excel at this process. Litigators who embrace mediation as a tool for dispute resolution and who are capable of performing well in that arena will engender client confidence and afford the client the best possible opportunity to reach a resolution that satisfies his or her personal, economic, and business objectives. You can CRUSH IT! at mediation and your clients will be supremely happy that you did.

David W. Henry, Esq., is a shareholder in the Orlando office of Marshall Dennehey Warner Coleman & Goggin. He is a Florida Supreme Court Certified Civil and Appellate Mediator and a member of the National Academy of Distinguished Neutrals. He has been a member of the OCBA since 1995.

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Membership Directory

RCL Portrait Design will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: Portrait Dates: June 4 - 13, 2018

An RCL representative will contact you in the near future to schedule an appointment. However, feel free to call RCL Portrait Design at 800-580-5562 to schedule your appointment, or schedule online at www.goRCL.com (choose “Schedule” from the menu on the left side of the website, and then choose “Guest Account” to get to the calendar).

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.)

theBriefs May 2018 Vol. 86 No. 4

www.orangecountybar.org

PAGE 15

Legal Aid SocietyNews

T

2018 New Lawyer Award of Excellence Honorees: Abigail D. Edelstein, Esq., Amy E. Jellicorse, Esq., and Cynthia Ramkellawan, Esq.

he Legal Aid Society of the Orange County Bar Association, Inc, (“LASOCBA”) recognized the outstanding pro bono work of three attorneys who have practiced less than five years with the 2018 New Lawyer Award of Excellence.

Abigail D. Edelstein, Esq., Amy E. Jellicorse, Esq., and Cynthia Ramkellawan, Esq., were presented with their awards at the Orange County Bar Association’s February luncheon.

Catherine A. Tucker, Esq. Abigail Edelstein was admitted to The Florida Bar in 2013. She is a sole practitioner and owner of the Law Office of Abigail Edelstein, P.A. Primarily working with business owners and their families, Abigail advises clients on business, corporate, real estate, trademark, and other transactional matters. She also works with families in regard to their estate planning and probate needs. Abigail is primarily handling guardian ad litem (“GAL”) cases.

She has helped children on twelve cases and has closed three cases with thirty-six hours. Abigail contacted Legal Aid the month she joined the bar and asked for a GAL case, and then she contacted us again and said she could take another case. “I am honored to receive the 2018 New Lawyer Award of Excellence,” says Abigail. “My pro bono work has been among the most rewarding work I have Abigail D. Edelstein, Esq. had the privilege to undertake. I love working with children and making a positive impact in their lives.”

Amy Jellicorse is an associate in the corporate group at Zimmerman Kiser Sutcliffe, P.A. She graduated from the University of Florida Levin College of Law in May of 2013 and was admitted to The Florida Bar the same year. Amy stepped up to guardian ad litem cases as a new associate at ZKS, a wellknown developer of GAL pro bono attorneys. She took Amy E. Jellicorse, Esq. two cases and then accepted a

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large sibling group. She is diligent in maintaining contact with her children and keeps the program advised on the status. She has nine cases with thirty hours on two closed cases. “My work as a GAL is bittersweet,” says Amy. “I love working to make a positive impact in a child’s life, to hopefully help them get on a path to love, happiness, and success. However, there are so many children in need of an advocate. Each case I complete reminds me that there is so much more work still to be done.”

Cynthia Ramkellawan is a professor at Florida A&M University (“FAMU”).

She began at Legal Aid as a FAMU volunteer law student.

She then became a supervising professor at the FAMU Dependency Clinic, working with students in serving as a guardian ad litem.

She was admitted to Cynthia Ramkellawan, Esq. The Florida Bar in 2014. When the clinic ended, Cynthia kept the remaining cases as her own pro bono cases. Thus, she maintained the commitment to the children, visiting the children and their families to ensure safe and timely permanency.

According to Bethanie Barber, Esq., GAL program director, Cynthia does more than teach her students how to serve as contributing members of the legal community; she shows them through action.

For more information about the pro bono program, contact Catherine “Cathy” Tucker, Esq., at ctucker@legalaidocba.org. For information about the Breakfast of Champions, please contact Donna Haynes at boc@legalaidocba.org.

Catherine A. Tucker, Esq., is the pro bono director for the LASOCBA. She has been a member of the OCBA since 1986.

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Legal Aid SocietyWhat We Do...

Ride Like the Wind

D

o you remember your first bike? We do.

Donna’s was burgundy and white with shiny ribbons streaming out of the handle bars like Marsha Brady’s flowing locks. It was a 1972 Schwinn that was way too big for her, but it was all hers. After all, “you’ll grow into it,” her parents said. Her bike brought hours of joy and freedom and taught her lessons about personal responsibility (including the one that if you ride as a pasBethanie Barber, Esq. senger on the back of your bike, you can break your ankle in an accident, but that is another story). Bethanie’s first bike was a candy-apple-red tricycle with a “move over, this three-year-old’s got places to go” silver bell. It taught her that it was possible to fall off of the bike but get back on – skinned knees and all – and ride like the wind down the adventurous road of childhood.

During the holidays, the Legal Aid Society of the Orange County Bar Association, Inc, (“LASOCBA”) experienced a walk down memory lane thanks to Kathy Downs, a volunteer advocate for children (“VAC”), and her employer, Robert Half. Through her volunteerism as a VAC, Kathy, a dedicated cyclist, noticed that her elementaryaged guardian ad litem (“GAL”) child did not Donna A. Haynes have a bicycle. After taking a bike to her child and spending an afternoon riding in the fresh air, the child thought she had to give the bike back to Kathy. Kathy’s heart broke at the thought that many other children in the dependency system likely did not have access to bicycles, much less bikes to call their own. At that very moment, Kathy set out to change the face of the Orange County dependency system. Kathy noticed that her neighbors would frequently place perfectly good bicycles in their trash collection piles when their children outgrew them. In response, Kathy began posting requests on her neighborhood online app, asking families to deliver the bikes to her home, where she would inspect, repair, Legal Aid Society presents Kathy Downs with and re-home the bicycles to our an Award of Excellence for her work on the Guardian ad Litem Bike project. dependent children. In less than four months, Kathy, who we afMexcye Roberts, Esq.; Bethanie Barber, Esq., GAL Program Director; Kathy Downs; Laurianne fectionately refer to as the “Bike Apollon, Volunteer Advocates for Children Fairy,” delivered more than fifty theBriefs May 2018 Vol. 86 No. 4

bikes to the Legal Aid Society GAL Program’s dependent children. If you have visited the LASOCBA office in the recent past, you may have even seen a Legal Aid staffer or two pedaling down a hallway on a tiny cycle... just to make sure it was safe for our kiddos, of course.

What began as one kind volunteer reaching out for bikes in her neighborhood grew into an entire team across Central Florida helping dependent children experience the holiday joy that only a bicycle can bring.

On December 20 and 21, 2017, Kathy and Legal Aid hosted the inaugural LAS Holiday House Bike Bonanza. Kathy’s employer, the Robert Half Company, began a personal collection to purchase helmets for GAL children, as well as donated dozens of bicycles. The company did not stop there: the entire Central Florida region made LAS GAL children the beneficiaries of their holiday drive, enabling every child who received a bicycle to also receive a beautiful, brand-new bike helmet and holiday toys. Kathy also used her connections to recruit the ReCyclery, a cycling ministry, to donate bike maintenance, bike transport, and bicycles toward the event. Con-Air Industries, a local air filter manufacturing and distribution center, donated free warehouse space and logistical assistance. The “Bike Brigade” included Lori Franken with Robert Half; Crissy Adkinson, Filtration Group HVAC; Rolf Wilken and Joe Peavy of Con-Air Industries; and countless other other considerate participants.

Children who attended the event thought they were walking into Santa’s workshop to select their very own bike. Ultimately, LASOCBA gave away nearly 150 bicycles, helmets, books, toys, and all the cotton candy GAL children could dream of at the Holiday House event.

www.orangecountybar.org

continued page 28

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Legal Aid SocietyNews

F Angel M. Bello-Billini, Esq.

Laura Gutierrez

Hurricane Disaster Relief Project

or most of our area, Hurricane Maria brought little more than some light damage and discomfort. Some of us discovered the downside of our dependency on modern appliances. This is a very different reality than what was endured by our neighbors and family in Puerto Rico, the Virgin Islands, and St. Croix, not to mention the other devasted nearby islands. In Puerto Rico, an accurate death toll is still being determined.

Today close to half of the island is still without power, and those with power experience many outages.

The extreme damage to these islands created a serious human tragedy, including a serious health emergency. Lack of prompt and reliable healthcare have turned ordinary illnesses into serious ones. Many Puerto Rican residents, with strong attachment to their home, saw no other option than to leave and go to places with better hopes of housing, food, health care, and jobs. Central Florida was a natural destination. Some new disaster evacuees are suffering from relocation and related legal complications. They are experiencing problems with unscrupulous landlords, the lack of correct legal documentation that would enable them to care for their minor and adult relatives, the inability to maneuver the new school system, and a host of other consumer difficulties.

The Legal Aid Society of the Orange County Bar Association (“LASOCBA”) received a Florida Le-

gal Aid Disaster Relief Initiative grant from The Florida Bar Foundation. We are using this funding to help evacuees primarily in the substantive areas of housing, family, access to education, and consumer law.

Legal Aid has reached out to low-income evacuees in need by adding a temporary intake site in east Orange County at the Englewood Neighborhood Center, located at 6123 La Costa Drive, Orlando, Florida 32807. Interested persons are urged to call and reserve an appointment time so that they can be properly served. They may call Laura Gutierrez, our hurricane disaster coordinator, at 407-841-8310 ext. 3178, for an appointment or more information.

If you have any questions pertaining to our Hurricane Disaster Relief Project, please do not hesitate to contact Laura at lgutierrez@legalaidocba.org. If you have any questions pertaining to development, please contact Donna Haynes at boc@legalaidocba.org.

Angel M. Bello-Billini, Esq., is the litigation director at the LASOCBA. He has been a member of the OCBA since 1987. Laura Gutierrez is the LASOCBA hurricane disaster coordinator, and Donna A. Haynes is the LASOCBA development director. They have both been members of the OCBA since 2008.

Donna A. Haynes

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theBriefs May 2018 Vol. 86 No. 4

Young Lawyers Section Evening with the Judiciary March 8, 2018

Orlando Museum of Art

Young Lawyers Section Board

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PAGE 21

Jessica K. Hew, Esq.

Tenesia C. Hall, Esq.

Brock A. Hankins, Esq. Cynthia Ramkellawan, Esq. Mary Anne DePetrillo, Esq.

Deanna E. Rahming, Esq. Gans Law Firm 100% Club Mary Ann Etzler, Esq.

Sidney A. Roman, Esq. Star of the Bar Onchantho Am, Esq. Star of the Bar Liz McCausland, Esq. OCBA President

Jones High School Choir Andrea Green, Choir Director

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theBriefs May 2018 Vol. 86 No. 4

Desmond W. Morrell, Esq. President, Paul C. Perkins Bar Association

OCBA February Luncheon

Co-hosted by the Paul C. Perkins Bar Association February 22, 2018 The Ballroom at Church Street Title Sponsor: First Green Bank

Rep. Bobby DuBose Florida House of Representatives Keith Salkowski Executive Producer, WUCF TV

Courtney Richardson-Jones, Esq.

Paul C. Perkins Bar Association Photos: Flo Boehm Boehm Photos: Flo

theBriefs May 2018 Vol. 86 No. 4

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PAGE 23

Amber N. Davis, Esq. 2018 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Recipient

2018 Professionalism Award Recipients Glenn A. Adams, Esq. The Honorable Dan Traver

Past recipients of the OCBA’s professionalism awards with presidents of The Florida Bar and the OCBA and the Professionalism Committee Chair Front: Karen Perisis, Esq. Penelopy Perez Kelly, Esq. Liz McCausland, Esq. Tony Sos, Esq. Center: Emery Rosenbluth Jr., Esq. The Hon. Alice Blackwell Glenn Adams, Esq. Amber Davis, Esq. Mary Anne De Petrillo, Esq. Back: R. Lee Bennett, Esq. Kristopher Kest, Esq. The Hon. Dan Traver Ryan Davis, Esq. John Benford, Esq. Michael Higer, Esq. Photos: Flo Boehm PAGE 24

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theBriefs May 2018 Vol. 86 No. 4

OCBA 2018 Professionalism Awards February 23, 2018

Orange County Courthouse Sponsored by: Milestone Reporting

Glenn A. Adams, Esq. 2018 William Trickel, Jr., Professionalism Award The Honorable Alice Blackwell

Liz McCausland, Esq. OCBA President Linda Wells, Esq.

theBriefs May 2018 Vol. 86 No. 4

John Y. Benford, Esq. OCBA Professionalism Committee Chair

The Hon. Dan Traver James G. Glazebrook Memorial Bar Service Award

Michael J. Heiger, Esq. Liz McCausland, Esq. President OCBA President The Florida Bar

www.orangecountybar.org

PAGE 25

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Office in Maitland PAGE 26

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theBriefs May 2018 Vol. 86 No. 4

Business LawCommittee

Small Business Guide to Addressing Key Formation Issues

M Daniel H. Coultoff, Esq.

Patricia R. McConnell, Esq. Michael G. Candiotti, Esq.

any small businesses are founded with high hopes, and some are fortunate enough to enjoy a matching level of success for many years. The failure to draft thoughtful operating and succession provisions during business formation, however, can result in unnecessarily painful and expensive litigation or, in a worst case scenario, even destroy the business altogether.

New owners of limited liability companies or corporations often overlook important concerns such as how to ensure continuity of the business, how to deal with dissenting members or shareholders, and how to provide for loved ones after events such as retirement, disability, incapacity, and death. While most small business owners today have the wherewithal to organize their business through a legal entity that limits their personal liability, a large number do not take this extra step up front. Commonly, we hear that the business relied on an accountant to select the best entity for tax purposes and the discussion stopped there. This could, and oftentimes does, lead to issues as the business progresses and its founders begin to age and plan for the future.

Planning for contingencies may seem difficult in a business’ early stages. It requires owners to contemplate management, disputes, disability, death, and other topics that may inspire differences in opinion or cause discomfort. However, by asking the right questions and providing proper counseling up front, attorneys can help business clients avoid common pitfalls and the costly consequences of Florida’s statutory default rules.

For instance, what happens when one founder wishes to take advantage of a successful product launch by entering into a licensing agreement with a larger company or a competitor, but the other founder disagrees? An example of unsuccessful planning for this situation would be for the two founders to have equal ownership interests but have no method for resolving deadlocks. The statutory defaults are Section 605.0702, Florida Statutes, (LLC judicial dissolution) and Section 607.1430, Florida Statutes, (corporate judicial dissolution).

Common Key Topics to Consider Different businesses may require individual adjustments, but most should endeavor to develop written procedures that address, at a minimum: • Business Description – What is the business’ purpose – what will it do or not do in its ordinary course?

theBriefs May 2018 Vol. 86 No. 4

• Management/Governance – Who manages the business’ day-to-day affairs, and how will the business replace this individual upon retirement, disability, incapacity, or death?

• Voting Rights – How do members or shareholders vote on items outside the ordinary course of business? How are voting rights managed in the event of disability, incapacity, or death?

• Deadlock – Which procedure will the business follow if there is a tie vote – mediation, arbitration, or forced buy-sell? Too many businesses fall victim to a “50-50” ownership structure that works well only when there is agreement yet is useless in the face of disagreement. Unresolved deadlock can result in judicial dissolution.

• Economic Interest – How will the business manage distributions during normal course of business, when the business is sold, or when a key individual retires, becomes disabled or incapacitated, or dies? How are membership interests or shares bought out when an owner retires, becomes incapacitated or disabled, or dies?

• Intellectual Property – If the business licenses valuable IP from a member or shareholder, then how will the business manage this licensing relationship if that member or shareholder dies or becomes disabled or incapacitated?

For these and other recurring topics, a thorough in-take checklist is an invaluable resource for an attorney advising small business owners.

Launching a new business is understandably exciting for clients, but for those who set time aside to discuss less-exciting operating and succession issues at formation, the benefits can prove far-reaching.

With a general understanding of the client’s business goals, an attorney can add significant value to a small business in the entity formation stage by identifying and addressing potential issues up front and setting the client on a course for success.

Daniel H. Coultoff, Esq., is a partner at Latham, Shuker, Eden & Beaudine, LLP and chair of the Business Law Committee of the Orange County Bar Association. He has been a member of the OCBA since 1999. Patricia R. McConnell, Esq., is an associate attorney in the litigation department, and Michael G. Candiotti, Esq., is an associate attorney in the corporate and real estate department at Latham, Shuker, Eden & Beaudine, LLP. McConnell has been a member of the OCBA since 2017, and Candiotti has been a member since 2014.

www.orangecountybar.org

PAGE 27

Immigration LawCommittee continued from page 13

dency (“green card”), making it an extremely attractive option for foreign nationals. The EB-1C attracts many foreign nationals to invest and expand in the US under the L-1 visa, and to eventually obtain residency in the U.S. IEB-1C Overview To qualify, the beneficiary must have been employed outside the United States for at least 1 year within the last 3 years preceding the application6 and must be seeking to enter the U.S to continue service to the qualifying U.S. entity. Moreover, the beneficiary’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, affiliate, or a subsidiary of the U.S. prospective employer. Please note, an L-1 visa is not a prerequisite for an EB-1C. Recent Changes under the Trump Administration for the EB-1C Employment-based adjustment of status applicants are now required to attend a personal interview before their case will

be completed. USCIS will interview applicants whose petitions were filed on or after March 6, 2017, as well as any family members applying with the principal. If the petition was filed before March 6, 2017, an interview can be scheduled if there is an issue in the case that may affect eligibility to adjust status, such as an arrest or conviction. This was USCIS’s previous interview policy for employment-based adjustment applicants.

The interview requirement is part of the agency’s compliance with President Trump’s March 6, 2017 executive order on protection of the United States from terrorist activities. These interviews are not new, but for employment-based adjustment applicant it has been longstanding policy to waive most interviews.

Attorneys should inform their clients of the new interview requirements, on-site inspections, and greater scrutiny now expected with their EB-1C petitions. It is also important for attorneys to consider the additional time each case will take under the new requirements and adjust their fees accordingly.

Legal Aid SocietyWhat We Do continued from page 17

The event was nothing short of life-affirming for adults and children alike. One woman and her husband broke into tears as they wheeled out bicycles for their grandchildren, who recently moved in as a result of their parents’ long-term drug abuse. The grandfather reported that his little ones had boundless energy but had not left the house much at all since they got there. “We didn’t know what we would have done for the holidays without these bikes.

Bless you all,” he yelled as he carted the two shiny racer bikes out of the warehouse.

Others in the community heard about the Foster Care Bike Bonanza and jumped right in: Puff & Stuff Catering donated food and paper items necessary for the event. The Association of Legal Administrators and Milestone Reporting donated paper goods, candy canes, and other treats to ensure that the event was festive and embodied the holiday spirit. Orlando Legal volunteers helped children select their perfect bike and loaded caregiver cars, some of which were packed to the gills with holiday gifts.

The Sunshine Network Group donated $600, saying, “We may not be able to adopt a child, but we can certainly purchase a few tricycles.” When Sharyl Mock of S&S Organizing, LLC, heard of the LAS Holiday House concept, she ensured that more than 1,000 candy canes appeared on the Legal Aid doorstep – in less than two days!

Orlando Wedding & Party Rentals donated popcorn and cotton candy machines so the children could enjoy sweet treats. Alice Schmidt, mother of Cynthia Schmidt, Esq., and wife to long-time Legal Aid volunteer Dana Schmidt, lovingly baked hundreds of PAGE 28

Neither the L-1 visa nor the EB-1C visa were ever easy to obtain. However, these visas open the door for many clients who often believed no options were available.

Immigration attorneys must stay informed of the constant changes in policy. Finally, it is critical the client is: informed of all the risks; provided with a realistic expectation; and properly prepared for all questioning, interviews, and inspections associated with their respective visa application.

Nayef A. Mubarak, Esq., is the founder of Mubarak Law. The firm represents clients with business, immigration, and personal injury matters. He has been a member of the OCBA since 2011.

8 C.F.R. 214.2(l).

See Tsiva, Inc. et al v. Attorney General, Department of Justice, 3:12-cv-00631 (M.D. Fla Nov. 24, 2014).

3 8 C.F.R. 214.2(l)(1(ii)(L)(2).

4 PM-602-0155.

5 Id. 6 If the beneficiary’s employment abroad was more than 3 years prior to the application, but the beneficiary was admitted to the U.S. on an L-1 visa, the beneficiary can still be eligible for the EB-1C. 1 2

brownies for the event. Tomasino’s Pizza on Colonial Drive in Orlando delivered pizza for 200 over the course of the two days.

The Bike Bonanza gave new meaning to the term “community event.” It was our privilege to work with each and every contributor. It was an indescribable feeling to look in every direction and see smiling faces, elation, and contentment from adults and children alike. That feeling of satisfaction immediately returns at the thought of our foster children zipping down their street, not a care in the world, riding like the wind toward what they will remember as one of the good days.

If you are interested in learning about what the LASOCBA has to offer, please consider a “Justice Tour” at the Legal Aid offices. We will share information about pro bono opportunities, the Breakfast of Champions, and the OCBA Law Day 5k to benefit the Legal Aid Society and the OCBA Foundation. Please invite non-lawyers to tour our agency also; we have volunteer opportunities available for all. For information about guardian ad litem opportunities, please contact Bethanie Barber, Esq., at bbarber@ legalaidocba.org. For information about our VAC program (nonlawyers needed), please contact Mexcye Roberts, Esq., at mroberts@legalaidocba.org. For information about the Breakfast of Champions, OCBA Law Day 5k, or Justice Tours, please contact Donna Haynes at dhaynes@legalaidocba.org.

Bethanie A. Barber, Esq., is the guardian ad litem program director, and Donna A. Haynes is the director of development, at the LASOCBA. Both Bethanie and Donna have been members of the OCBA since 2008.

Correction: On page 25 of the March Briefs, Wynne McFarlin was incorrectly identified as the Legal Aid Society president. She is the president elect.

www.orangecountybar.org

theBriefs May 2018 Vol. 86 No. 4

YLS on the move

O

Jennifer A. Smith Thomas, Esq.

ur mantra this year is #wedomore, and here are some of the things we have been doing: On March 8, 2018, YLS hosted its annual Evening with the Judiciary. This year’s event took place at the Orlando Museum of Art, with galleries open for viewing. Judges from county, circuit, federal, and appellate courts from the Central Florida area mixed and mingled with OCBA and YLS members. Congratulations to Jennifer Morando, Esq., and Charity Tonelli, Esq., on a great event.

On March 9, 2018, YLS members welcomed guest speaker Nyea Sturman, Esq., general counsel of the Orlando Magic, to our monthly luncheon at the Citrus Club. Ms. Sturman spoke in detail about negotiating sponsorships and the many issues involved in building lasting relationships with sponsors. She also gave us insight into the-day-to-day legal operations of the Magic.

On April 6, 2018, the YLS hosted an afternoon with the zoo at the Winter Park Day Nursery.

The Central Florida Zoo brought animals to the school and led a rainforest-themed discussion with approximately 60 children ranging in age from 2 to 6. The YLS also hosted a party for the kids and provided goodie bags that included school supplies. In addition, the YLS donated books and Play-Doh to the school. Congratulations to John Hunt, Esq., and Lauren Robertson, Esq., on a great event for the kids!

On April 28, 2018, the YLS hosted its 2nd Annual Wills for Heroes. The YLS assisted approximately 100 first responders and veterans with preparing a

fully executed will. Congratulations to Amber Williams, Esq., Andrew Irvin, Esq., and the entire YLS community service committee on a great event. Also, special thanks to Orlando Legal for hosting the event at their firm.

The YLS board of directors would like to congratulate C. Andrew Roy, Esq., currently YLS treasurer, on his election as YLS president elect-designate, following president-elect Jill D. Simon, Esq.’s term as president during 2018-2019. In addition, the following were re-elected to the YLS board for the 2018 - 2019 term: Michael D. Barber, Esq.; Heather M. Meglino, Esq.; C. Andrew Roy, Esq.; Brandon M. Sapp, Esq.; and Charity J. Tonelli, Esq. Congratulations!

Save the Dates: May 10: YLS Book Fair: Planning for the next Washington Shores Elementary Book Fair is underway. We are in need of committee members to help plan the event. If you’re interested in working on this great community outreach project, please email Brian Lawrence, Esq., at brian. lawrence@lowndes-law.com.

May 18: YLS May Luncheon: 11:30 a.m.-1:00 p.m. at the Citrus Club. For only $10, you can enjoy a three-course meal with your colleagues!

Avoid the late charge and RSVP through the OCBA Store by May 16.

And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls.

Jennifer A. Smith Thomas, Esq., partner at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

St. Patrick’s Day Happy Hour March 15, 2018 Harp & Celt Irish Pub A wee bit o’fun for YLS members!

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PAGE 29

PhotoOps Paul C. Perkins Bar Association

Central Florida Gay and Lesbian Law Association

Barry L. Miller, Esq., Tracy Hensel, Esq., Chris Bailey, Esq.

Greater Orlando Asian American Bar Association

March luncheon at Seito Sushi

You are in business to deliver a valuable service.

Toot your own horn!

The Briefs is the perfect forum to herald your message.

OCBA advertising specialist Joan Giovanni stands ready to assist in your media investment.

407-422-4551 x. 244 // joang@ocbanet.org PAGE 30

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theBriefs May 2018 Vol. 86 No. 4

SideBar

A

pril showers bring more than just May flowers.

Here is a look at what our voluntary bar associations have been busy doing this spring.

Alena V. Baker, Esq.

PCPBA The Paul C. Perkins Bar Association (“PCPBA”) held its final general body meeting of the 20172018 year on April 4, 2018 at the UCF Executive Development Center. The meeting featured a presentation on federal sentencing and approaches to arguing mitigating and aggravating factors from the perspective of the defense and the prosecution.

Guest speakers included Embry J. Kidd, Esq., who is an assistant United States attorney for the Middle District of Florida and Alisha Marie S. Nair, Esq., who is an assistant federal defender for the Middle District of Florida.

Coming up, on May 31, 2018, PCPBA will be hosting its Tenth Annual Scholarship & Installation Luncheon. At this luncheon, the PCPBA will award scholarships to students of Florida A&M University College of Law and Barry University School of Law. Additionally, the 2018-2019 PCPBA executive board will be installed. PCPBA is pleased to announce that the keynote address will be given by The Honorable Andrew D. Gillum, mayor of Tallahassee, Florida, and an alumnus of Florida A&M University.

GOAABA The Greater Orlando Asian American Bar Association (“GOAABA”) held its March luncheon at Seito Sushi and hosted a happy hour in April.

CFACDL On April 20, 2018, the Central Florida Association of Criminal Defense Lawyers (“CFACDL”) co-hosted a federal practice seminar with the federal defender for the Middle District of Florida. The focus was on federal practice and federal sentencing issues as well as current events in the Middle District of Florida.

FBA In late February, the Orlando Chapter of the Federal Bar Association (“FBA”) hosted federal public defender for the Middle District of Florida, Donna Lee Elm, Esq., who spoke on the Clemency Project and the history behind it.

On March 23, 2018, the FBA along with the OCBA’s Intellectual Property Committee hosted a CLE titled “Patent Disputes in the Middle District of Florida and Beyond.” Guest speakers Ryan T. Santurri, Esq., and Justin R. Sauer, Esq., provided a discussion of patent litigation trends and strategies, including a discussion of the impact of recent decisions on venue in patent disputes and considerations in pursuing administrative actions as a second front to litigation in federal court.

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On April 20, 2018, the FBA along with the OCBA’s Business Law Committee teamed up to present “How to Win a Case - From a Judge’s Perspective.”

This event featured The Honorable Roy B. Dalton and The Honorable Thomas B. Smith of the Middle District of Florida.

Finally, on May 18, 2018, the FBA will host its Second Annual Women in the Law Symposium. Guest speakers include Hilarie Bass, Esq., president of the American Bar Association; Maria Vathis, Esq., president-elect of the Federal Bar Association; and The Honorable Shira Scheindlin, U.S. District judge of the U.S. District Court, Southern District of New York (retired).

CFAWL The Central Florida Association for Women Lawyers (“CFAWL”) and the Central Florida Gay and Lesbian Law Association (“CFGLLA”) held a joint happy hour on March 27, 2018 at the Stubburn Mule.

On April 6, 2018, CFAWL held its monthly luncheon at the Citrus Club. The featured speaker was Mayanne Downs, Esq., who is the president and managing director of GrayRobinson. She is the first woman to hold that position in addition to being the first woman appointed as city attorney for Orlando. Mayanne has previously served as president of CFAWL, the Orange County Bar Association, the Legal Aid Society of the Orange County Bar Association, Inc., and The Florida Bar. As if having guest speaker Mayanne Downs wasn’t enough for CFAWL, on April 19, 2018, CFAWL members got together with members of the Osceola County Bar Association and headed out to a ballgame. Both organizations attended the Fire Frogs vs. the St. Lucie Mets baseball game at Osceola Heritage Park for a night of fun comradery, baseball watching, and of course, Tim Tebow.

George C. Young American Inn of Court CFAWL wasn’t the only organization taking its members out to a game. On April 21, 2018, the George C. Young American Inn of Court held its spring social while rooting for the Lions at an Orlando City Soccer game. The event featured a pregame tailgate party with the Orlando City Soccer Club, followed by tickets to see the Lions battle the San Jose Earthquakes.

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

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

www.orangecountybar.org

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PhotoOps

Richard Dellinger, Esq., incoming OCBA president (back center), and Kim Homer, OCBA executive director (far right) attended the annual American Bar Association’s Bar Leadership Institute in Chicago in March. The conference provides presidents-elect and other officers on the presidential track with techniques and skills essential to bar leadership.

President’sMessage

hard work of many who made this a great year.

continued from page 3

Is pleased to announce that

an amazing executive council, a great staff at Liz McCausland P.A., each member of the OCBA’s incredible staff, my family, my friends, and each of you. Thank you for the opportunity, for your friendship, and most of all the

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

Gary S. Salzman, B.C.S. Has joined the firm as a Shareholder

Is pleased to announce that

Gary primarily handles litigation, mediation and arbitration for business, Gary S.disputes.

Salzman, real estate and employment HeB.C.S. is Board Certified by The Florida Bar in business litigation and is a certified circuit civil and Has joined the firm as a Shareholder appellate mediator as well as a trained and qualified arbitrator.

Gary primarily handles litigation, mediation and arbitration for business, real estate and employment disputes. He is Board Certified by The Florida Bar in business litigation and is a certified circuit civil and appellate mediator as well as a trained and qualified arbitrator.

The firm continues its practice in the areas of Business Law, City, County & Local Government Law, Education Law, Civil Trial Law, Construction & Corporate Litigation, Commercial Landlord-Tenant Law, Corporate Law, Employment Law, Real Estate, and Zoning, Planning and Land Use. in the areas of Business Law, City, County & Local The firm continues its practice Government Law, Education Law, Civil Trial Law, Construction & Corporate Litigation, Commercial Landlord-Tenant Law, Corporate Law, Employment Law, Real Estate, and Zoning, GARGANESE, Planning and Land Use. WEISS, D’AGRESTA & SALZMAN, P.A.

111 N. ORANGE AVE., SUITE 2000 P.O. Box 2873 GARGANESE, WEISS, D’AGRESTA & SALZMAN, P.A. ORLANDO, FLORIDA 32802-2873 111 N. ORANGE AVE., SUITE 2000

P.O. Box 2873 Phone: (407) 425-9566 FLORIDA Email:32802-2873 firm@orlandolaw.net ORLANDO,

Website: www.orlandolaw.net

Phone: (407) 425-9566 Email: firm@orlandolaw.net Website: www.orlandolaw.net

Invite your colleagues to join the OCBA today!

Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities!

407-422-4551, ext. 225

PAGE 32 www.orangecountybar.org

theBriefs May 2018 Vol. 86 No. 4

ParalegalPost

Little Things...

M Lori M. Spangler, FRP

Corbin Helton

any years ago, a very dear friend unwittingly taught me a lifelong lesson. It may have taken a while for it to really sink in, but as time went on, it became an integral part of my life.

I often refer to it as “the little things.”

Admittedly, I had been completely oblivious of “the little things,” but one particular day, its importance became very apparent to me.

A number of years ago, my dad was in a nursing home and in extremely poor health. At the time, no one in my office was aware of it, and I had no intention of sharing the information. On one particularly painful day, I walked down the hall and crossed paths with an attorney from another department.

He looked at me, smiled, and said, “Happy Friday!”

For a nanosecond, I thought, “Happy Friday? Seriously? My dad is on the brink of death and you are standing there saying ‘happy Friday?’” Looking at his magnetic smile, it suddenly dawned on me that he had no idea I was at the depths of despair.

After a brief moment, I smiled, acknowledged his happy greeting, and continued on my way back to my office. Surprisingly enough, as I continued my walk down the hallway, I actually found myself smiling! Imagine that! The more I thought about it, the more I realized that it had literally been days since I had actually smiled. Little things...

Fast forward 12 years, and I have paid it forward by continuing to say “happy Friday” every single week since that memorable day. If only that kind-hearted attorney had any inkling of how those magical words impacted and altered my life! I only hope to have an opportunity to cross paths with him again if only to share how much his kindness meant to me. Yes, it is just the little things in life that make a big difference... Those simple words have become my mantra, and I live my life by them.

Recently, I was reminded of that particular day when I read an essay written by the son of a fellow paralegal. Whether you are Christian, Jewish, Islamic, or atheist, it matters not. Religious affiliation is irrelevant. In the big scheme of things, it’s all about the little things, because in the end, only kindness matters.

“The Power of Positivity” by Corbin Helton We as human beings have lived in utter uncertainty and fear all throughout history since the dawn of time. As a race, we tend to do nothing but show violence, hate, and anger to each other to make ourselves feel above others because we know no other way. The natural world order is to tear

theBriefs May 2018 Vol. 86 No. 4

www.orangecountybar.org

others down with the intention of pulling one’s self higher than the rest, yet if people could see how pointless this vicious cycle was, then maybe we all could be enlightened and discover that the way to defeat an endless cycle of negativity is to fight with positivity instead. Because of this, I try to better my school, my community, and the world by spreading positivity instead of negativity.

Throughout my life, I’ve paid attention to cycles, and one of the biggest patterns I’ve noticed thus far is that the only possible outcome of hate is even more hatred. To counter that thought, I also learned that the exact opposite is true: when you express joy and gratitude you can only have a positive effect on others. This discovery I feel has greatly impacted my life and changed my view of how to treat and respect others. While this may not seem like the most powerful way to change the world, there is no better way to change our world than to change our mindsets.

Very recently in my community, there has been a painful series of suicides, one of which I watched with my own eyes. These events have been unbelievably harsh on the tone of everyday life in my school and community, yet within these miserable circumstances, we have found strength in each other. Personally, seeing what I had seen had been so daunting and unsurpassable that I sank into a horrid trend of hiding alone and locking out others, but the only way I found myself healing was when a fellow student walked up to me, handed me a beautiful gold necklace with a cross-shaped charm, and said to me “God told me to bring this to you today because he knew I would come across someone who needs this more than I do.” This small act of kindness changed my life in ways unimaginable, and now that necklace is my token of strength that does not leave my side and that I’m wearing around my neck while I write this.

Because of that one moment of compassion and empathy when I saw the light on what helping others can do, I now take every opportunity I can to make someone else’s day whether it be by a spontaneous compliment, a letter of thanks, or choosing to sit by someone lonely. All of this experience has changed my outlook on life and has led me to believe that the best way to change a school, a community, or the world is to show positivity, empathy, and compassion to others that need it.

Lori M. Spangler, FRP, is a paralegal at Greenberg Traurig, P.A. She is currently the secretary/treasurer of the OCBA’s Paralegal Section. She has been a member of the OCBA since 1994.

PAGE 33

Brown Bagging with the Bobs May 14 & June 11

Bring your lunch and pick up great practice pointers!

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

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

Support the oCBA! re Commend thi S CourSe!

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

Register: www. orangecountybar.org

MajorSeminars May 18

Successful Preparation for Litigation. Family Law Committee. 7:30 a.m.-1:00 p.m. OCBA Center.

CLE: (pending).

May 23

Help Wanted: Navigating Employment-based Categories and the Labor Certification Process.

Immigration Law Committee. 8:30 a.m.-3:00 p.m. OCBA Center. CLE: 5.5 (pending).

June 5

The Next-to-Last Mediation Seminar You Will Ever Need. ADR Committee. 9:00 a.m.-12:00 p.m. OCBA Center. CLE: 3.0 general, including 1.0 ethics (pending).

See Announcements on page 41 for complete details.

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.

•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

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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.

Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership.

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

Evelyn Quintana • 315 E. Robinson St. S-510, Orlando, FL 32801 • 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, Ste. 202, Orlando, FL 32811 321-206-6718 • andrew@forensicanalyzers.com Perfect Practice – Software that fits your practice. – Replace the hodge podge of software with one integrated solution. Perfect Practice fits your practice without changing the way you manage your practice. • Richard Prieto • P.O. Box 540086, Orlando, FL 32854 407-843-8992 • info@perfectpractice.com

•Professional Services•

Florida Lawyers Mutual Insurance Company – Created by The Florida Bar to provide high quality professional liability insurance and guaranteed personal service!

541 E. Mitchell Hammock Rd., Oviedo, FL 32765 • 800-633-6458 • mailbox@flmic.com

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

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

PAGE 34 www.orangecountybar.org

theBriefs May 2018 Vol. 86 No. 4

Mateer Harbert is pleased to announce that Melissa Battles and Matthew Brown have become Partners.

Two Landmark Center, Suite 600 225 E. Robinson Street Orlando, FL 32801 (407) 425-9044 www.mateerharbert.com

Here's what we offer: INTRODUCING THE

LINCOLN EXECUTIVE BUSINESS PROGRAM ONLY AT CENTRAL FLORIDA LINCOLN

407-947-0976 www.CentralFloridaLincoln.com

theBriefs May 2018 Vol. 86 No. 4

We're bringing an exciting initiative to you the business owner, with the Lincoln Executive Business Program at Central Florida Lincoln.

Get the best vehicles for all your transportation needs.

1

Pickup and Delivery - Anytime service is needed we pick up your vehicle at your office or home and provide a Lincoln loaner while your vehicle is serviced and return to you.

2

Lincoln Loaners available

3

Roadside Assistance Roadside Assistance for the life of ownership

4

Complimentary Car Wash

5

Commercial line of credit

Merritt Martin Executive Business Consultant (407) 947-0976

www.orangecountybar.org

PAGE 35

PAGE 36 www.orangecountybar.org

theBriefs May 2018 Vol. 86 No. 4

Health & WellnessCommittee

For What?

S William D. Umansky, Esq.

everal months ago, a good friend and colleague passed out at work, hit his head, and died of a heart attack and internal brain bleed.

He was one of us. A warrior, trial lawyer, and someone who gave 110 percent to his client! My friend… Mike Dicembre.

For those of you who knew him, Mike was a criminal lawyer who for many years played the part of the “Italian” lawyer. He was calm, cool, and collected in the courtroom. Always prepared, always smooth, and always had his legal ducks in a row. Mike worked hard for his clients, often pulling twenty-four-hour days to draft a motion, research some case law, or prepare for a jury trial.

I saw it happen. We started together in the old Angebilt Hotel (the old courthouse in downtown Orlando), and we used to joke around with each other at 1:30 a.m. about who had more staying power. Who could work longer or harder for our clients?

I saw Mike’s young son the other day outside of a Dick’s Sporting Goods. My heart broke. All of the work, skill, and love Mike had for the prac-

tice of law and it meant naught to his young son.

When I told Mike’s son that his dad was a good man and great lawyer, all I saw was the depth of sadness in his little heart. He will not have his dad at any of his sporting events. He will not have his dad to advise him about girlfriends, prom, or colleges. He simply will not have his dad around.

My friend Mike. A lesson to all of us as lawyers to slow down, smell the roses, get a bigger perspective, find faith or a hobby. I must admit, I stayed very late at my office the other night, and after getting myself in a place where my blood pressure started boiling, I thought about Mike. I then thought about my son. How stupid to get so upset. For what? My reputation? My clients? I got up from my chair and just left the office.

Remember my friend Mike. Take care of yourself and your family.

William D. Umansky, Esq., The Umansky Law Firm, is a member of the OCBA executive council. He has been a member of the OCBA since 1985.

Join the fun and sign up for our first-ever Health & Wellness Challenge! You don’t need to be a runner to participate!

Interested members must: 1. Have a tracker device or app, such as Fitbit, Garmin, iOS (watch or iPhone), Fitbug, GoogleFit, Jawbone UP, Misfit, MovesApp, Runkeeper, or Strava; 2. Join the OCBA #LiveWell #LiveLonger Facebook group; 3. Sign up on the CountIt website; 4. Email Karen Persis at karen@karenpersis.com to let her know you are joining.

You’ll earn 5 points for every day you hit 5,000 steps, and winners will be determined by the total number of points accumulated. Any tie breakers will be based on the number of steps taken.

This is not a weight loss challenge, and the focus is not on who accumulates the most steps each day. You can get bonus points along the way for other aspects of health and wellness, too.

So, let’s get moving! We’re planning a special “Healthy Hour” after the challenge, and there will be prizes for challenge winners. Stay tuned for details.

(Sign up on CountIt: http://bit.ly/OCBAChallenge) theBriefs May 2018 Vol. 86 No. 4

www.orangecountybar.org

PAGE 37

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

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

Jane Q. Public attorney

Issued: 11/01/2017 Expires: 12/31/2019

n Bar assOCiatiO Orange COuntye aCCess Card COurthOus

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2019 $75 • Purchasing card is optional for courthouse entry • OCBA membership is not required PAGE 38 www.orangecountybar.org

theBriefs May 2018 Vol. 86 No. 4

theBriefs May 2018 Vol. 86 No. 4

www.orangecountybar.org

PAGE 39

Ne w M e mbe rs Attorneys

Karl W. Labertew

Loren M. Vasquez

Jacqueline R. Frank

Lisa H. Barquist

James B. Moore

Christina Vicari

Robert N. Harvey

Daniel S. Benchimol

Steven E. Nauman

Rashida L. Willhoit

Hannah A. Jacobson

Arielle K. Brandt

Lori Padilla

Jason G. Williams

Akifa R. Khattak

Ronika J. Carter

Edgar B. Reilly

Raymond G. Mazzie

Donald J. Curotto

Yameel L. Mercado Robles

Judiciary

Wendy L. Diaz Sean C. Domnick Mark C. Elliott Susan R. Fuller Shawn R. Gibbons Natalie A. Jackson Matthew A. Kozyra Melissa N. Kruegel

Hon. Jeffrey A. Ferguson

Affiliates

Kelsey M. Sandor

Kirsten J. Williams

Cori L. Schlitt

Brice S. Shrader

Jennifer M. Purvis Ryan G. Tindall

Doranda Jacques

Laura E. Shaffer

Brandee M. Potter

Paralegal Student

Irwin N. Sperling

Law Students

Matthew P. Tabakman

Achal A. Aggarwal

Nathan L. Townsend

Jeanette Castillo

Sanga Turnbull

Zdenka M. Contreras

Heather L. Stehle

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

20 or More Members

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

Winderweedle, Haines, et al.

10-19 Members

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

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

PAGE 40

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

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

fs May 2018 Vol. 86 No. 4

www.orangecountybar.org theBrie

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

Speaker: Meena Hirani, Esq., and Arti Hirani, Esq. Members only. Free. Register by Apr. 30 through the OCBA Store.

May 16 – OCBA Diversity & Inclusion Roundtable Luncheon. Hosted by the OCBA Diversity & Inclusion Committee.

11:45 a.m.-1:00 p.m. Engage in open dialogue with colleagues and share your insights about diversity and inclusion in the OCBA. Free. Register by May 14 through the OCBA Store. See ad on page 30 in this issue of The Briefs.

June 12 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m. Speaker: TBD. Members only. Free. Register by June 11 through the OCBA Store.

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

May 10 – Criminal Law Committee Major Seminar. Details to come.

May 11 – Labor & Employment Committee Seminar. Details to come.

May 14 – Got Capacity? How to Handle the Impaired Client (Or Worse, Impaired Opposing Counsel). Estate, Guardianship & Trust Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Fee: Free (OCBA members); $15 (non-members). Register by May 12 through the OCBA Store.

May 14 – Brown Bagging with the Bobs. Topic and speakers: TBD. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. Fee: Free. RSVP to Cindy Brown at ctjacb1@ocnjcc.org.

May 15 – Intellectual Property Committee Seminar. Details to come.

May 17 – Criminal Law Committee Seminar. Details to come.

May 18 – Successful Preparation for Litigation. Family Law Committee Major Seminar. 7:30 a.m.-1:00 p.m. OCBA Center.

CLE: (pending). Speakers: The Hon. Lisa Smith Bedwell and Lauren M. Ilvento, Esq. Fees: $40 (OCBA members); $25 (gov’t/ students); $50 (non-members). Sponsored by First Green Bank. Register by May 16 through the OCBA Store.

May 22 – Basic Dissolution of Marriage for the Pro Bono Attorney, Part II. LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

May 23 – Help Wanted: Navigating Employment-based Categories and the Labor Certification Process. Immigration Law Committee Major Seminar. 8:30 a.m.-3:00 p.m.

OCBA Center. CLE: 5.5 (pending). Speakers: Ramachandran Balaraman, Esq.; Lisa K. Khan, Esq.; and Deborah J. Townsend, Esq. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Continental breakfast and lunch sponsored

by Visa Business Plans. Register by May 21 through the OCBA Store.

June 1 – Real Property Committee Seminar. Details to come.

June 5 – The Next-to-Last Mediation Seminar You Will Ever Need. ADR Committee Major Seminar. 9:00 a.m.-12:00 p.m. OCBA Center. CLE: 3.0 general, including 1.0 ethics (pending). Speakers: David Henry, Esq.; Jeffrey Deery, Esq.; and Tony Sos, Esq. Fees: $40 (OCBA members); $25 (gov’t/students); $50 (non-members). Register by June 3 through the OCBA Store.

June 5 – Consumer Debt Collection and Garnishment.

LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. CLE: (pending).

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

CLE: (pending). Speakers: N. James Turner, Esq., and Jay Mobley, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

June 11 – Estate, Guardianship & Trust Committee Seminar.

Details to come.

June 11 – Brown Bagging with the Bobs. Topic and speakers: TBD. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. Fee: Free. RSVP to Cindy Brown at ctjacb1@ocnjcc.org.

June 13 – Veterans Committee Seminar. Details to come.

June 19 – Not Your Typical Psychology Class: Understanding the Psyche of Parents in the Dependency System.

LAS Lunchtime Training. 12:00 p.m.-1:00 p.m. CLE: (pending).

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

CLE: (pending). Speakers: Kavita Sookraja, Esq., and Dr. Amanda Janner. Contact: Marilyn Carbo at mcarbo@legalaidocba. org.

June 29 – How Bankruptcy Proceedings Affect the Real Estate Closing Process. Business Law Committee Seminar.

12:00 p.m.-1:00 p.m. OCBA Center. CLE: (pending). Fee: Free (OCBA members); $15 (non-members). Register by June 27 through the OCBA Store.

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

An n o unce ments

theBriefs May 2018 Vol. 86 No. 4

www.orangecountybar.org

PAGE 41

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

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

Health attorney for small law firm concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 3313030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE. DSK Law is looking for a Florida licensed attorney with 2 to 5 years of civil litigation experience for its

PAGE 42

Orlando office. The attorney will primarily focus on insurance defense litigation.

A successful candidate should be able to handle multiple cases, communicate well with the firm’s clients, write effectively, and be engaged in trial work. We are seeking motivated individuals who are looking to grow with the firm. We offer a comprehensive compensation package, to commensurate with your experience and accomplishments. Please send your resume to Judy Ellis at jellis@dsklawgroup. com.

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.

The Office of the State Attorney, Ninth Judicial Circuit of Florida is recruiting for a Paralegal position. An employee in this position is responsible for performing routine paralegal assignments in support of the State Attorney or 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

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

laws or regulations; and examining legal instruments or other documents to ensure completeness of information in conformance to pertinent laws, rules, regulations, precedence or office requirements. For more information, including applications, please submit your resume to tcrane@sao9. org or send via fax to (407) 836-2499.

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.

Maitland/Altamonte Springs: 700 sq ft four room office suite available.

Electric and ample parking included. 407-425-0234 or info@wfmblaw.com.

LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area.

Completely Renovated/ Updated Old House (Circa 1926), HARDWOOD FLOORS/ WOOD TRIM – MUST SEE Copier & fax. First Month Free. Parking included.

(407)648-1500.

Office space available.

East Jefferson Street. Include internet, fax and copier. 407843-4310.

Office space available Livingston and Ferncreek.

Free standing building

www.orangecountybar.org

with 3 offices, reception, kitchenette and on-site parking. $1600/mo.

Contact Jessica Travis at jessicatravispa@gmail.com.

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

Ample parking. Includes secretarial stations with receptionist, telephone, internet, copier. Please call 407-792-1285.

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

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

Please call 407-422-3017.

Downtown Office Space: 2 furnished offices with receptionist and internet; 2 blocks from courthouse. Contact Debbie@yergeylaw.com or 407-843-0430 ext. 307.

Melbourne Law Office – Space available. Close to I-95 and Viera Courthouse.

Includes signage, use of 3 conference rooms, copy center, reception, phones, WiFi, network capability, referral potential and more.

Steve Charpentier 321-2588448.

theBriefs May 2018 Vol. 86 No. 4

ATTORNEY AT LAW

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theBriefs January 2014 Vol.PAGE 43 1 82 No.

OCBA Calendar

OCBA Installation Luncheon

May 24, 2018

11:30 a.m.-1:00 p.m.

The Ballroom at Church Street RSVP by May 21, 2018 orangecountybar.org/store

MAY - JUNE

May

Member Perks Speaker 1 Series 8:00 a.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center

LAS Lunchtime 8 Training

Brown Bagging with the Bobs 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

& Small Firm 1 5 Solo Committee Meeting

12:00 p.m. • OCBA Center Are You Sure This is Going Intellectual Property to Work? The Dependency Committee Major Seminar System Demystified TBD 12:00 p.m. • Marks 1:00 p.m. • Greenberg Street Senior Center Traurig, LLP Lawyers Literary Appellate Law Society

Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • Lowndes, Judicial Relations Drosdick, Doster, Committee Meeting Kantor & Reed, P.A. 12:00 p.m. • Orange Diversity & Inclusion County Courthouse, Committee Open rd 23 Floor Conf. Room Meeting Roundtable Elder Law Committee Luncheon Meeting 11:45 a.m. • OCBA Center 12:00 p.m. • OCBA Center Criminal Law Veterans Committee Committee Major Meeting Seminar 12:00 p.m. • OCBA Center TBD 12:00 p.m. • OCBA Center OCBA Executive Council Meeting Family Law Committee 4:30 p.m. • OCBA Center Major Seminar Successful Preparation for Social Security Litigation Committee Meeting 12:00 p.m. • OCBA Center 7:30 a.m. • OCBA Center YLS Luncheon Criminal Law 11:30 a.m. • Citrus Club Committee Seminar TBD Social Committee 12:00 p.m. • OCBA Center Meeting Labor & Employment 12:00 p.m. • OCBA Center Committee Seminar LAS Lunchtime TBD Training 12:00 p.m. • OCBA Center Basic Dissolution of Marriage for the Pro Bono Estate, Guardianship Attorney, Part II & Trust Committee 12:00 p.m. • Marks Seminar Street Senior Center Got Capacity? How to Handle the Impaired Client (Or Worse, Impaired Opposing Counsel) 12:00 p.m. • OCBA Center

9

16

17

10

11

14

PAGE 44

18

22

Sponsors: First Green Bank, Orange Legal, LexisNexis

Immigration Law Lawyers Literary 23 Committee Major 1

3

Society Meeting Seminar Help Wanted: Navigating Employment-based Categories and the Labor Certification Process 8:30 a.m. • OCBA Center

Luncheon 2 4 Installation 11:30 a.m. • The

Ballroom at Church Street Station

25

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

28

Memorial Day OCBA Offices Closed

June

12:00 p.m. • OCBA Center Veterans Committee Seminar TBD 12:00 p.m. • OCBA Center Executive Council Meeting 4:30 p.m. • OCBA Center

Security 1 4 Social Committee Meeting

12:00 p.m. • OCBA Center

Luncheon 1 5 YLS 11:30 a.m. • Citrus Club 1 Training 9 LAS Lunchtime

Not Your Typical Psychology Class: Real Property Understanding the Committee Seminar Psyche of Parents in the TBD 12:00 p.m. • OCBA Center Dependency System 12:00 p.m. • Marks ADR Committee Major Street Senior Center Seminar Solo & Small Firm The Next-to-Last Committee Meeting Mediation Seminar You 12:00 p.m. • OCBA Center Will Ever Need Appellate Law 9:00 a.m. • OCBA Center

Committee Meeting LAS Lunchtime

12:00 p.m. • Lowndes, Training

Drosdick, Doster, Consumer Debt Collection Kantor & Reed, P.A. and Garnishment Elder Law Committee 12:00 p.m. • Marks Meeting Street Senior Center 12:00 p.m. • OCBA Center Professionalism

1 5

20

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

2 2 Workers’ Compensation

Law 2 9 Bankruptcy Committee Seminar

Business Law 6 Committee Meeting

12:00 p.m. • OCBA Center

Estate, Guardianship 11 & Trust Committee

Seminar TBD 12:00 p.m. • OCBA Center Brown Bagging with the Bobs 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

www.orangecountybar.org

Committee Meeting 12:00 p.m. • OCBA Center How Bankruptcy Proceedings Affect the Real Estate Closing Process 12:00 p.m. • OCBA Center For updates, please see the OCBA Store at orangecountybar.org/store.

theBriefs May 2018 Vol. 86 No. 4