The Orange County Bar Association - The Briefs - May 2021

A Publication of the Orange County

Bar Association

Eric C. Reed, Esq.

OCBA President 2021-2022

LaShawnda K. Jackson, Esq. OCBA President 2020-2021

Inside this Issue:

May 2021 Vol. 89 No. 4

President’s Message It’s So Hard to Say Goodbye!

LaShawnda K. Jackson, Esq.

Guest Column COVID-19 and the Confrontation Clause Michael V. Andraino, Esq.

Professionalism Committee Remarks Upon Receipt of the Orange County Bar Association’s 2021 William Trickel, Jr. Professionalism Award Suzanne E. Gilbert, Esq.

Legal Aid Society Teaching Tips Advocating for the Safe Use of Psychotropic Medication: How Can a GAL Help?

Marie Priebe, Esq.

THANK YOU TEACHERS & ADMINISTRATORS, WE APPRECIATE YOU.

THROUGHOUT THESE CHALLENGING TIMES, THE TEACHERS AND ADMINISTRATORS IN OUR COMMUNITY HAVE BEEN A GUIDING LIGHT FOR OUR CHILDREN. LET’S SHOW OUR APPRECIATION BY REACHING OUT TO THANK THEM.

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Volunteer at your local or child’s school for an upcoming virtual teach-in.

Become a partner in education.

Sponsor a nearby elementary, middle or high school.

Make a monetary donation to your community school in honor of a teacher.

SERVING OUR COMMUNITY FOR OVER 30 YEARS

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Contents 3

14

President’s Message It’s So Hard to Say Goodbye!

LaShawnda K. Jackson, Esq.

Legal Aid Society Teaching Tips Advocating for the Safe Use of Psychotropic Medication: How Can a GAL Help?

Marie Priebe, Esq.

4

Clerk’s Corner Guardianship: Our Role in Protecting Orange County’s Most Vulnerable The Honorable Tiffany Moore Russell

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OCBA Gala

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Legal Aid Society What We Do...

The Rewards of Pro Bono Service to Veterans Robyn L. Lesser, Esq. Jamos K. Mobley, Esq.

16-17

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Professionalism Committee Remarks Upon Receipt of the Orange County Bar Association’s 2021 William Trickel, Jr. Professionalism Award Suzanne E. Gilbert, Esq.

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Health & Wellness Committee Flip it Like a Pancake! A Q & A with Attorney William D. Umansky Nicolette A. Kramer, Esq.

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Chief’s Column Advancing the Rule of Law, Now The Honorable Donald A. Myers, Jr.

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Guest Column COVID-19 and the Confrontation Clause Michael V. Andriano, Esq.

13

Professionalism Awards Ceremony

22

Voluntary Bar News SideBar Alena V. Baker, Esq.

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Young Lawyers Section News YLS on the Move Kimberlee A. Martin, Esq.

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Paralegal Post Interview Tips Cori Maldonado, ACP, FRP

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OCBA Member News Hearsay Linnea M. Eberhart, Esq.

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Classifieds

Tribute John Lowndes

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Calendar

13

New Members

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2021 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Florian Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

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the Briefs Editor Robyn M. Kramer

©2021

Associate Editors Karen L. Middlekauff & John M. Hunt Hearsay Columnist Linnea M. Eberhart YLS on the Move Kimberlee A. Martin SideBar Alena V. Baker

w OFFICERS LaShawnda K. Jackson, President Eric C. Reed, President-elect Karen L. Persis, Treasurer Amber N. Davis, Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Jennifer Smith Thomas Jessica A. Travis William D. Umansky M. Ryan Williams Anthony F. Sos, Ex-officio Brandon M. Sapp, YLS President w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

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President’sMessage

May 2021

It’s So Hard to Say Goodbye!

How do I say goodbye to what we had? The good times that made us laugh outweigh the bad.

– Boyz II Men

W LaShawnda K. Jackson, Esq.

ell, the 2020-2021 bar year undoubtedly provided us with “bad times” and our fair share of challenges.

From my perspective, the good times still outweighed the bad.

We did our best to turn the pandemic lemons into lemonade and I am deeply proud of what

we were able to accomplish.

By the time we reached June 1, 2020, the start of the bar year, we had already cancelled several luncheons, including our annual installation luncheon. Reality started to set in that this would be no ordinary year. The adjusting, brainstorming and improvising began. By August, we had decided to cancel, for a second and final time, our installation luncheon. We pivoted to a virtual forum like the rest of the world. First up to our virtual stage was past Florida Bar president Eugene Pettis who delivered a powerful message inspiring us to stand for equality and justice for all. This led to many discussions, forums and participation in the ABA 21-Day Racial Equity Habit-Building Challenge. When we were faced with the possibility of a second postponement of the 2020 Bench Bar Conference, we devised a virtual Bench Bar Conference that utilized a platform giving our members, panelists and sponsors an opportunity to network virtually. Some have even commented that it was the best Bench Bar ever.

While we continued with virtual lunches, like the October dynamic discussion celebrating the 100-year anniversary of the adoption of the 19th Amendment, we were constantly thinking outside the box to bring our members together in a safe way. The result was the first ever OCBA Drive-In Movie Night in November and the first ever Spring Back Yard Bash Movie Night in March. The Goonies and The Karate Kid will forever be a part of the OCBA. The spring also saw the return of our Professionalism Awards Ceremony in a hybrid-virtual fashion (only 33 minutes long I might add). I am not sure if people were just desperate to get out of the house, but the OCBA Law Day 5k was even more popular than ever and we even added a virtual participation option. And to cap off this unprecedented year, we have the return of the OCBA Gala on May 22, 2021. We hope to see you for this fun-filled Casino Royale night as we celebrate our victory through these tough times.

Behind the scenes, we stayed focused on the health and wellness of our members. We recognized that many would be physically,

theBriefs May 2021 Vol. 89 No. 4

emotionally and financially impacted by the pandemic. We wanted to lessen that impact as much as possible by continuing to provide CLEs, virtual events and even membership discounts. We encouraged our members to stay in contact with each other and, at the request of some of our members, we strategized on providing a few in-person, socially distanced events for those who were comfortable attending. While other bar associations struggled financially, the OCBA Executive Council, along with our executive director, continued to take our fiduciary responsibilities seriously.

We worked to keep expenses down, explored other sources of revenue and continued to work on new member recruitment and programming throughout the year.

We also helped take care of our community. When judges and other community leaders foreshadowed an impending eviction crisis, the OCBA stepped in to run Orange County’s COVID-19 Eviction Diversion Program. Also, the newly established OCBA Community Service Committee joined forces with other local voluntary bar associations to produce legal-based educational videos for those in our community.

In short, over the past year we had many opportunities to closely see what the OCBA membership could do together during some pretty bad times. As you saw throughout the year, the OCBA faced the challenges of the pandemic head-on, and we have come through them stronger. We united around our common values, our common humanity and each other. The work we did this year was not done by one woman or one man alone. It was a combination of the hard work of the Executive Council, our committees, the OCBA executive director, the OCBA staff and our members.

Despite our own personal struggles, we worked for the common good of the OCBA. While not the year I envisioned, I am proud to have served such a great group of people. It was a fantastic learning experience for me and I would not trade in my experience as the pandemic president for any “normal” year. My hope is that this past year will be remembered as the year we embarked on a new level of commitment. Through our diverse backgrounds and expertise, we have elevated the OCBA to another level. To each of you who contributed to making this year a success, thank you. To President-Elect Eric Reed, don’t mess it up or you’ll have to answer to KAREN! This has truly been a memorable year! In the words of Boyz II Men, “I’ll take with me the[se] memories to be my sunshine after the rain. It’s so hard to say goodbye to [the OCBA].” But as I journey forward towards the coveted position of past president, I bid you all FAREWELL!!!

LaShawnda K. Jackson, Esq., is a partner at RumbergerKirk, practicing in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.

www.orangecountybar.org

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Clerk’sCorner

T

Guardianship: Our Role in Protecting Orange County’s Most Vulnerable

he Orange County Clerk of Courts is one of many parties that oversee thousands of active guardianship cases on a daily basis. While strict adherence to our statutory responsibilities is fundamental to our office, we are also committed to a culture of best practices and continuous process improvement. As a demonstration of this commitment, we have made a number of voluntary changes specific to guardianship cases in an effort to streamline and strengthen this critically important work.

Earlier this year, the Orange County Comptroller released an audit report regarding the Clerk’s administration of the Guardianship Program in Orange County during the 2016-2019 time period. The stated objective of the audit was very straightforward: “to determine where the Clerk’s Office complied with the requirements of Chapter 744, Florida Statutes.” Our analysis of the report found that we are in compliance with all statutory requirements outlined in Chapter 744.

While some findings and recommendations included in the audit report were well-intentioned, a number of them fall outside of the Clerk’s responsibilities under the law. Beyond that, and due to our proactive process improvement, many of the recommendations have long since been satisfied.

When it comes to guardianship, all of us involved in the process are working toward a common goal: to protect the most vulnerable in our community. We want the system to work effectively and efficiently on their behalf. That’s why, when our current operations manager first assumed her duties in February 2018, she

performed an internal review of various processes, as is consistent with our internal protocols. While we were fully aware that the comptroller’s audit was still in progress, it was prudent for us to evaluate processes and implement improvements. Our own internal review led to several process advancements that were implemented during the audit period. Among them: • Completing a procedural manual for guardianship, with assistance from our Project Management Office’s process consultants. Along the way, we validated our processes by consulting Florida statutes and benchmarking with other counties. This enabled us to eliminate unnecessary steps and improve the forms we use.

• Creating a dashboard to compare data from previous years to the current year, and to identify active cases and patterns.

• Implementing a new process to link all professional guardians to their cases. Although not required by statute, this provides visibility to the number of assigned cases in our county for ease of monitoring by court administration and the guardianship judges.

• Adding more deputy clerks to the guardianship team and providing training specific to general accounting principles.

For all matters within the Clerk’s purview, we welcome feedback and oversight, and we will work with all offices of government to help improve the system so that, together, we can better serve those in our care.

If you have any questions, concerns, or suggestions as to how we can further our partnership and support of the Guardianship Program in Orange County, I encourage you to reach out to my office directly.

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

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

Lunchtime Training • legalaidocba.org

May 4, 2021

Initiating Paternity Actions

May 18, 2021

GAL – Medicating Their Trauma: Let’s Talk About Psychotropic Medication

June 1, 2021

Helping Clients to the Next Chapter – The Basics of Ch. 7 and 13 Bankruptcies

June 15, 2021

GAL – Dynamic Defense: Advocating for Youth with Developmental Disabilities

PAGE 4

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DUE TO COVID-19 ALL TRAININGS ARE PRERECORDED AND ADDED TO OUR WEBSITE @ www.legalaidocba.org Please feel free to email Marilyn Carbo at mcarbo@legalaidocba.org or Michelle Erazmus at merazmus@legalaidocba.org for more information.

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ProfessionalismCommittee

I

Remarks Upon Receipt of the Orange County Bar Association’s 2021 William Trickel, Jr. Professionalism Award

am honored to be the 28th recipient of the William Trickel, Jr. award. Before I began writing this article, I reviewed the list of the prior 27 recipients. I already knew many of them – indeed, many have served as role models to me over my 25 years of practice in this community, like my partners, Bill Wilson and Suzanne E. Gilbert, Esq. Glenn Adams, esteemed judges like Judge Presnell and Judges Sally and John Kest, and other legends of the bar like Leon Handley, Ava Doppelt, Warren Lindsey, Jules Cohen, and others. But as I went down the list, my eyes rested on one name – David King. David, who passed away earlier this year, was the very first recipient of this award. To me – and to all who knew him – David epitomized the term “professionalism.”

He practiced with the highest level of civility – a zealous advocate who treated his opponents with respect and dignity. We all should aspire to be more like him – as an attorney and a person. I know I do.

I wondered what I could say about professionalism that has not been said before. I concluded that if there is one topic that bears repeat discussion, it is this one. Professionalism is often discussed in conjunction with ethics. While both are essential to the practice of law, they are not the same thing. The high ethical standards of a member of the bar are actually the floor – that is, they are the baseline standards that we, as attorneys, must meet. Professionalism, on the other hand, is an expectation that we should and will aim higher. As defined by the Florida Bar Standing Committee on Professionalism, “[t]he essential ingredients of professionalism are character, competence, commitment and civility.”

Indeed, one can be ethical and still not be professional. Sometimes, this distinction leads to difficult conversations with our clients. For example, a client may ask us to pursue a course of action that is, by all measure, ethical, but just does not “sit right” with us. We might be forced to tell that client that we will not take that particular action. That advice is not easy to give because it could result in the loss of a client. My unsolicited advice: follow your gut. The late Whitney North Seymour, Jr., a trial lawyer, past president of the American Bar Association and frequent lecturer on professionalism, once commented that “there never was an alternative to integrity. The idea that you would try to do things in a slippery way would just never occur to you.” These are words that we would do well to remember. There is never an alternative to integrity. It only takes one unprofessional act to erase years of building a good reputation.

What we do as lawyers is not easy. Someone once described litigation to me as surgery except that for every stitch you sew, there

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is another surgeon attempting to undo the stitch. Now, I would not begin to compare my practice to actual surgery as nothing I do involves life or death decisions, but the analogy is an apt one.

Litigation is difficult and stressful. There are many external forces working against us. Often our clients have very strong feelings towards their opposition in litigation. We, as lawyers, do not need to complicate or exacerbate those already negative emotions by taking on the feelings of our clients. As clichéd as it may be, we need to rise above the fray and remember that we are all part of the same profession. As Shakespeare said, “[d]o as adversaries do in law, strive mightily, but eat and drink as friends.”1 I have been very fortunate to work at two wonderful law firms over the course of my 25 years in practice – Maguire Voorhis & Wells and Holland & Knight. In each, there was a patriarch who placed a high value on professionalism. Raymer Maguire, Jr. spoke often of his view that every lawyer in the community needed to pay their “civic rent.” By that, he meant that we all utilize the resources of the community in which we live and therefore it is imperative that we give back – and lawyers are uniquely situated to do so. We can give through civic involvement, pro bono legal services, community engagement and financial contributions. At Holland & Knight, Chesterfield Smith was known for his booming voice, his dedication to the rule of law and his genuine love of lawyers. His mantra in the firm was: “Do good. Be somebody.”

These were simple words that imparted great wisdom that I have tried to follow throughout my career.

And while I have had these and other wonderful mentors, my most important role model is my dad, Leonard Gilbert. His influence is in large part the reason I am the recipient of this award. Over his 60 years practicing law, he served as president of the Hillsborough County Bar Association and The Florida Bar, chaired sections of the American Bar Association, as well as various civic and community boards, all while delivering excellent service to his clients.

He was even more dedicated to our family, always making sure he did not miss recitals and sporting events, even if it meant sitting in the stands with a file and a yellow note pad. He set a high bar with his love of the law, collegiality and professionalism. I aspire to reach that bar every day.

Suzanne E. Gilbert, Esq., is a partner at Holland & Knight, LLP, where she practices business litigation. She is a member of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association and a member of the ABA Standing Committee on the Federal Judiciary. She has been a member of the OCBA since 1996.

William Shakespeare, The Taming of the Shrew, Act I, sc. 2.

1

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Health & WellnessCommittee

T Nicolette A. Kramer, Esq.

Flip it Like a Pancake!

A Q & A with Attorney William D. Umansky

he legal community’s attitude towards mental health has changed significantly over the last ten years. Mental health is no longer a taboo subject, and more of us are uniting in the cause. I had the opportunity to talk to lawyer, entrepreneur, writer, and podcaster, Bill Umansky, about his art of “flipping the pancake” (or turning a negative into a positive).

Kramer: Several years ago, you co-authored a book entitled Power Principles for Success. You wrote an entire chapter about flipping pancakes. I don’t think you were talking about breakfast. What did you mean by flip it like a pancake?

Umansky: Flipping it like a pancake is taking a negative and turning into a positive. I’m taking the burnt side of a pancake and flipping it over to seek out an opportunity so as to not burn the other side.

Having a peaceful and positive state of mind requires discipline.

There are many techniques out there that may improve one’s state of mind. Examples are prayer, meditation, and journaling. Another is flipping it like a pancake. It’s taking a negative and turning into a positive.

There will always be circumstances that are beyond your control.

Things will go wrong. Not every case can be won. Not every potential client will sign on. These types of negative situations are bound to pop up every day. To be a good lawyer, you need to have certain tools that will help you deal with crises.

I routinely use a gratitude journal. I could write down three things I’m grateful for every day, but what is the point if I don’t execute on those reflections? Flipping it like a pancake allows me to actively remind myself that every negative situation is an opportunity to find positivity. It’s a moment to stop and reflect on the things I am grateful for and to find new areas of gratitude.

Kramer: How long does it take you to flip from a negative mood or reaction to positivity?

Umansky: I’ve been practicing this for so long that I can change from negative to positive in 30 seconds. That doesn’t mean it’s always seemingly instantaneous. Everyone has different areas in their life that drag us down and make it harder to be resilient. You have to be relentless.

A good example is when a client leaves a bad review. The initial reaction is to panic and get angry. You have to flip it like a pancake.

How can I find an opportunity in this? Maybe I need to communicate with that client and figure out why that person feels the way they do. Maybe I use it as motivation to get 10 new, positive reviews. Right there, I flipped it like a pancake.

Life is short. The key for lawyers is to remember that every day something is going to hit the fan.

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Kramer: Would you say that flipping it like a pancake is an act of mindfulness?

Umansky: Definitely. Flipping it like a pancake is a present act.

Kramer: Client expectations, deadlines, financial pressures, and long hours are stressors that lawyers deal with every day.

It’s only natural to want to control the future. Flipping your pancake is about changing your mindset after a negative event occurs. What’s your advice when it comes to the irrational desire to control the future?

Umansky: The more present we are as lawyers, the better attorneys we will be. There are all these desires around us. The desire to give your client the result they want. The desire to have enough money for a bigger house or fancier car. Don’t get me wrong, fancy things are nice. If you are obsessing about the future and what you want in the future or what your reputation will be in the future you are not living in the moment. You can’t adequately prepare for a trial if you are not in the moment. You can’t adequately communicate with a client if you are not in the moment. Focus on what is right in front of you.

Kramer: Action seems to be a basic tenet of flipping one’s pancake. Would you say it is 50/50 thought and action, or more action less thought?

Umansky: I’d say it’s both. I picture myself physically flipping the situation on its head. I’m actively present and working to change the way my brain is thinking. It’s very similar to when I wake up and immediately start writing in my gratitude journal. I’m physically writing. I’m also thinking by reflecting on all the positive things in my life.

Kramer: Growing as a lawyer requires self-reflection. In your opinion, what’s the difference between self-analyzing and self-reflection?

Umansky: To me, self-analysis is rooted in the ego. A book I highly recommend that every lawyer read is Ego is the Enemy by Ryan Holiday. Ego causes so much stress and it’s so hard to avoid as a practicing attorney. Everything is a competition. It seems like the most important thing is to win at everything. In court. In fitness. In everything that you do. Winning is important, but it’s not more important than your mental well-being. Mental fitness should not be a competition.

If you want to be a good lawyer, focus more on giving up your ego than winning. The further you remove yourself from the equation, the better job you will do for clients. Lawyers tend to put too much importance on being great, which leads to discontentment.

The ego destroys happiness and works against mental health.

Kramer: There is this phrase that I hear a lot: having agency over your life. How do you reconcile having agency with letting go of the ego?

Umansky: An uncontrolled ego leads to stress, health issues, and unnecessary conflict. Taking control of your life requires letting go of the ego.

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Chief’sColumn Advancing the Rule of Law, Now

W

riting is always an ambitious pursuit, especially when I endeavor to pen a piece in advance that I hope will be timely in the future. It’s midMarch and I am sitting at my computer exploring the importance of the rule of law, hoping what I type will add meaningfully to the Law Day conversation.

As I do, I imagine you, sitting with The Briefs in hand about to The Honorable read this column. It’s just a few days past May 1 – a few days Donald A. Myers, Jr. past the celebration of Law Day. Chief Judge And, I wonder what the theme Ninth Judicial Circuit Court – Advancing the Rule of Law, Now – means to you. What does it mean to you to be responsible for promoting the rule of law, defending liberty, and pursing justice?

For most, the rule of law is an esoteric, intangible concept. One they imagine is researched in impressive law libraries by people with equally impressive degrees. Something lofty and removed from the day-to-day and real-life experiences. And, while I unfortunately can’t argue with “esoteric” as a descriptor – the rest is undoubtedly off the mark.

You know as well as I that the rule of law is a living precept. We see it at work every day in courthouses and conference rooms. Our system of laws is easily identifiable. Its processes and procedures, the substantive rights, are indeed tangible. However, we also know well that tangible is not synonymous with accessible.

Misconceptions are always based on some small kernel of truth, and the misconceptions around the rule of law are no different. If, as the American Bar Association reminds us with their Law Day theme, the rule of law is a communal responsibility, then everyone needs to be able to access the law. And, that’s where the image of the law library and impressive degrees come into play, because for most people the rule of law is horribly obscured. To figure out one’s rights, to know which law comes into play under what circumstances, one generally does need a juris doctorate. Or more pointedly, one often needs a lawyer.

We all hear terrible stories of nightmarish situations in all sorts of different legal contexts. Evictions immediately come to mind – a

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property owner locking a tenant out for failure to pay rent. We know there are laws against this, and tenants are pretty sure of this too. However, it is tremendously challenging for a tenant to invoke the rule of law. There’s the issue of timeliness, quickly getting everything in motion to meet an expedited timetable. Timeliness relies on resources – knowing not only what one needs but also having access to it. And, access, as we all know, isn’t equal. So, this tenant, who would willingly shoulder the responsibility of the rule of law can’t because they can’t access it on their own. They need a lawyer. They need you.

Having envisioned the plight of our fictitious tenant – does that change what Advancing the Rule of Law, Now means to you? Do you see yourself as an integral part of ensuring that everyone promotes the rule of law, defends liberty, and pursues justice? Do you recognize that navigating the rule of law for those without access is your inherent responsibility?

Knowing the OCBA’s fierce commitment to pro bono work, I imagine that you do. And, I know that it’s a responsibility many of you not only accept, but also willingly embrace.

Lawyers and judges see the tragedy of life play out in conference rooms and courthouses. The depth of the pain, hardship, and trauma we witness is palpable. The only way to right the wrongs that lay at the heart of this suffering is the rule of law. And for so many, the only way to access the rule of law is through you. Without you, the property owner locks the tenant out of their apartment and evicts them knowing the tenant lacks the means to invoke the law, defend their liberties, and pursue justice. With you, laws are followed, terms are negotiated, and needless suffering is avoided.

You are what it means to advance the rule of law now.

When I started this column, I wrote that I hoped to add meaningfully to the Law Day conversation. As I end it, I hope I’ve dispelled the notion of the rule of law as an esoteric concept. I hope I’ve cast a light on how firmly it is rooted in the day-to-day experiences of those without access. And, I truly hope I’ve expressed how grateful I am that you are the stewards of the rule of law for our community. Thank you for your essential part!

The Honorable Donald A. Myers, Jr., Chief Judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

www.orangecountybar.org

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GuestColumn COVID-19 and the Confrontation Clause

C

OVID-19’s unrelenting and unforgiving nature has no doubt impacted courts’ operations and the practice of law nation-wide. While vaccines to combat this deadly virus are thankfully in the process of being distributed, there are no signs that current mask mandates will be lifted imminently. Thus, questions arise regarding the applicability of the face-mask mandate for in-person trial proceedings Michael V. Andriano, Esq. under current federal and Florida law and whether that mandate violates the State’s or the Defendant’s rights when the mandate is enforced upon the witnesses and the jury.

The Confrontation Clause provides that “[i]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him…”1 The Founders included this right in the Constitution to prevent conviction by affidavit.2 They did not want affidavits or depositions that were sometimes used in civil cases to be used against a criminal defendant in lieu of “personal examination and cross-examination of the witness, in which the accused has an opportunity, not only of testing recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.”3 The United States Supreme Court has stated that a central value of the Confrontation Clause is having the witness “stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.”4 The defendant is thus guaranteed a “face-to-face meeting with witnesses appearing before the trier of fact.”5 The face-to-face guarantee “enhances the accuracy of factfinding by reducing the risk that a witness will wrongfully implicate an innocent person” and it serves a “strong symbolic purpose” by “requiring adverse witnesses at trial to testify in the accused’s presence.”6 After all, “[i]t is always more difficult to tell a lie about a person ‘to his face’ than ‘behind his back’” and “even if the lie is told, it will often be told less convincingly.”7 However, this right is not absolute. For example, in Craig, the Supreme Court found that “a defendant’s right to confront accusatory witnesses may be satisfied absent a physical, face-to-face confrontation at trial… where denial of such confrontation is necessary to further an important public policy and… where the reliability of the testimony is otherwise assured.”8 The Court held the testimony of a child witness by one-way closed circuit television did not violate the Confrontation Clause based upon the confrontation elements – physical presence, oath, cross-examination, and observation of demeanor by the trier of fact.9 The Court stated the “combined effect of these elements… serves the purposes of the Confrontation Clause by ensuring that evidence admitted against PAGE 10

an accused is reliable and subject to the rigorous adversarial testing that is the norm of Anglo-American criminal proceedings.”10 The Court also determined that, although a necessary courtroom procedure may interfere with one of the elements of confrontation, the reliability of the witness’s testimony was otherwise ensured because the procedure preserved the other elements.11 Conversely, in Coy, the Supreme Court found that a courtroom procedure which involved placing a large screen between the defendant and witnesses so the witnesses could not see the defendant violated the defendant’s right to a face-to-face confrontation with his accusers because the large screen eliminated the face-to-face guarantee and completely blocked the witness’s entire face from observation.12 Under Craig, the compelling policy of ensuring the courtroom attendees’ safety during a unique global pandemic must be considered in deciding whether a defendant’s Confrontation Clause rights will be violated. Craig also counsels that courts must find that the reliability of the testimony is otherwise assured. The central concern of the Confrontation Clause is “to ensure the reliability of the evidence against a criminal defendant by subjecting it to rigorous testing in the context of an adversary proceeding before the trier of fact.”13 After all, the Court observed the term “confront” means a “clashing of forces or ideas, thus carrying with it the notion of adversariness.”14 Although courts must consider the ability to observe a witness’s demeanor as part of the Confrontation Clause analysis, that single element of confrontation is not the “sine non qua of the confrontation right.”15 Certainly, the Confrontation Clause does not require that the jury see every characteristic of body language exhibited by the witnesses.16 Moreover, some testimonial hearsay statements are deemed admissible even though the jury would not be able to observe the demeanor of the individual who made the hearsay statement.17 Indeed, Florida Rule of Criminal Procedure 3.190(i) provides the circumstances under which and the procedure by which a party can take a deposition to perpetuate testimony for those witnesses that are found to be unavailable. The Florida Supreme Court in Harrell found depositions to perpetuate testimony are analogous to the satellite procedures and, in fact, that the “satellite procedure provides the defendant with more guarantees under the Confrontation Clause than the deposition, for the defendant is afforded a live, contemporaneous opportunity to cross-examine the witness and the jury can observe the witness’s demeanor during this exchange.”18 Accordingly, the jury’s ability to observe demeanor cannot be an irreducible constitutional requirement and must be subject to exception under certain circumstances.

The mandated mask requirement is necessary to further an important public policy: ensuring everyone’s safety while attending courtroom proceedings during this unique global pandemic.

Without this procedure, everyone attending faces a greater risk of being infected with the lethal COVID-19 virus. These precautions are particularly important while inside a building. Thus, a compelling policy reason exists for the mask requirement – protection of the health and safety of the trial participants and members of the public who may attend the trial. Additionally, the masking procedures currently established are nothing like the

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procedure in Coy. The only thing standing in the way of the defendant and their accusers is a tiny piece of cloth only covering each witness’s nose and mouth. This procedure will in no way prohibit a defendant and witnesses from directly looking upon each other in person during the testimony while the jury is present. There is no reason to believe that it is any less difficult to tell a lie to a person’s face just because the liar’s nose and mouth are covered. Moreover, witnesses against the defendant will be physically present in the courtroom, they will testify under oath, and the defendant will be able to cross-examine these witnesses openly in the courtroom while the jury is present. The defendant and jury will still be able to observe the witnesses’ demeanor even though they will not be able to see their noses and mouths. These restrictions do not diminish the face-to-face confrontational nature contemplated by the Confrontation Clause; thus, concerning the witnesses, courts should be able to enforce the face-mask mandate.

Importantly, litigants, and particularly criminal defendants, have a right to a fair trial, which necessitates the ability to observe potential jurors’ demeanor during voir dire to provide the litigants with a fair

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and unburdened ability to exercise their peremptory strikes, to challenge jurors for cause, and to argue against challenges made for cause when selecting a jury.19 Regarding enforcing the jury’s face-mask mandate, the court in Crittenden held it could not find any authority to suggest that requiring jurors to wear masks under the exceptional circumstances of the COVID-19 pandemic would impair the defendant’s right to a fair and impartial jury.20 While acknowledging that under normal circumstances, being able to see a potential juror’s full facial expressions may be tactically preferable, demeanor includes many aspects of body language which would still be present for evaluation.21 The court held that reviewing the informative juror questionnaires and questioning the panel during voir dire, the parties would be able to obtain sufficient information to detect bias, disqualify jurors for cause, and exercise peremptory challenges, which is what the Constitution requires.22 Accordingly, persuasive precedent allows courts to impose the face-mask mandate on the jury during jury selection and throughout the trial.

The essence of the confrontation right is the guarantee that one’s accuser must appear in the defendant’s presence under oath

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while being subjected to cross-examination knowing that the fact-finder will closely scrutinize the testimony’s reliability. This is the face-to-face confrontation contemplated by the Confrontation Clause. Mask mandates do not diminish that confrontation or the reliability of a witness’s testimony in a material way, and they serve an important role in protecting the trial participants and spectators from COVID-19.

Courts have an interest in ensuring that the courtroom is safe and that the jury can determine the veracity of witness testimony.

In a criminal context, a judge must balance a defendant’s right to confront his or her accusers with the health and safety of individuals in the courtroom. Either a transparent mask or even a mask that covers one’s mouth and nose would more than suffice to protect a defendant’s right to confrontation and the public’s safety.

Michael V. Andriano, Esq. is a Senior Law Clerk to the Honorable Judge Mary Alice Nardella, Fifth District Court of Appeal. He is vice chair of both The Florida Bar Diversity and Inclusion Committee and The Florida Bar’s Family Law Rules Committee. Mr. Andriano also serves on the Orange County Bar Foundation, Inc., board of directors and is a trustee of the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2018. continued page 20

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Tribute John Lowndes, 90, Long-Time Charitable Supporter, Community Leader and Founding Shareholder of Lowndes, Drosdick, Doster, Kantor & Reed

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he attorneys and staff at Lowndes are deeply mourning the loss of our Founding Shareholder and dear friend John F. Lowndes, who passed away on February 12, 2021, from heart complications. He was 90.

Born January 1, 1931, in Medford, Massachusetts, but raised in Durham, North Carolina, John John F. Lowndes, Esq. moved to Central Florida following his service in the United States Marine Corps and graduation from Duke University with Bachelor of Arts and Juris Doctorate degrees. He, along with three other partners, started the firm that would later become Lowndes, Drosdick, Doster, Kantor & Reed, P.A., in a leased office space in downtown Orlando in 1969. The firm would grow to become one of Florida’s largest law firms, with its landmark headquarters located on North Eola Drive and additional offices in Melbourne and Mount Dora.

Over his long and distinguished legal career of more than 50 years, John focused his practice on real estate transactions, development and finance. He partnered with builders Lester Mandell, Lester Zimmerman and Jack Lazar in Greater Construction Corp., a development company that was sold in 2005 to nationally traded Meritage Homes. He represented lenders and major real estate developers and played an integral role in shaping Orlando and the surrounding area into the vibrant region that it is today. An

unparalleled teacher, mentor, and inspiration to the firm’s attorneys and staff, he set the standard for client service and demonstrated a commitment to the community, setting an example for which the firm has become known. Despite his busy law practice, John found time to chair the boards of the Orlando Museum of Art, Winter Park Memorial Hospital (now AdventHealth Winter Park), the Winter Park Health Foundation, the Friends of the Mennello Museum, the UCF College of Business Administration and the UCF Foundation.

A passionate supporter of the community and the arts, John and his wife, Rita, created a legacy of service and giving to numerous local organizations, including a generous contribution that led to the construction of the John and Rita Lowndes Shakespeare Center. John had a quick wit and great sense of humor, but will best be remembered for his love of his family and friends, dedication to his clients and the firm, and his commitment to the local community. John will be missed by so many.

John is survived by his beloved wife of 37 years, Rita; his loving children Elizabeth (Dan), Amy (John), John Patrick (Julie), Joe (Priscilla), and Jennifer (Tim) and his 10 adored grandchildren.

Our deepest sympathies go to his entire family.

Tribute submitted by: Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Photo of John F. Lowndes is from the Lowndes website: https://lowndeslaw.com/

Editors’ note: John Lowndes served as the President of the OCBA from 1969-1970.

New M embe rs Emeritus

Law Students

Juan David HERNANDEZ

Jessica Marie BABBS Jennifer Christine DEVINE Paris GLASGOW-COLON

Attorneys Tatiana F. Da CUNHA Samantha L. DURAN Alyson C. HOFFMAN Clay D. SHORROCK Matthew R. SILBERNAGEL Trimeshia L. SMILEY Erik Kristian SWENK

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Invite your colleagues to join the OCBA today!

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

407-422-4551, ext. 245

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Legal Aid SocietyTeaching Tips

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Advocating for the Safe Use of Psychotropic Medication: How Can a GAL Help?

eing a Guardian ad Litem often means wearing many different hats. When advocating for a child’s best interests, which is what a Guardian ad Litem does, it requires us to critically look at many different things. We often find ourselves researching topics like education law, public benefits, immigration, and the list goes on. One intimidating topic tends to be psychotropic medication. After Marie Priebe, Esq. all, if you are reading this, you probably did not go to medical school!

Nearly fifty percent (50%) of children in foster care are diagnosed with a mental illness, including Attention Deficit Hyperactivity Disorder (ADHD), Post-Traumatic Stress Disorder, (PTSD) and Disruptive Mood Dysregulation Disorder (DMDD). Often, psychotropic medication is recommended as a treatment option.

Because the administration of psychotropic medication is not taken lightly, there is a series of requirements set forth by the Florida Legislature for the Department of Children and Families (Department) to follow. As a Guardian ad Litem, it is important to become familiar with these requirements so you can advocate for the best interests of the child you represent. Section 39.407, Florida Statutes, and Chapter 65C-35, Florida Administrative Code, provide requirements for the administration of psychotropic medication for children in out-of-home care.

Psychotropic medication is defined as “any medication prescribed with the intent to stabilize or improve mood, mental status, behavioral symptomatology, or mental illness …” Fla. Admin. Code R. 65C-35.001. This also includes substances that, though prescribed with the intent to treat other medical conditions, have the effect of altering the brain chemistry. Id. When a child is placed in out-of-home care and is prescribed psychotropic medication, the Department will first seek to obtain a parent’s express or informed consent to administer the medication to the child. This gives the parent an opportunity to participate in the child’s medical care and provide input on the recommended course of action. It is important to remember that even though a child was removed from the parent, the parent has not lost the ability to engage in the child’s life, attend medical appointments, obtain medical records, and participate in the medical decision-making for the child. Their participation should be encouraged unless it is detrimental to the child, in violation of a court order, or the parent’s rights have already been terminated.

If the Department is unable to obtain consent from a parent, court authorization will need to be obtained. A motion and proposed order will be drafted and circulated to the parties, including parents, and the Guardian ad Litem.

Included with the Department’s motion and proposed order will be a Medical Report Form or what is commonly referred to as a PAGE 14

5339. This is filled out by the prescribing physician or psychiatric nurse. The 5339 contains a host of information, including what medical documentation was reviewed, who participated in the evaluation, and if any additional treatment or services are recommended for the child. It will also contain an explanation of the nature and purpose of the treatment, possible side effects, how the treatment will be monitored, and how long the child is expected to be on the medication.

This form is a critical piece of information that cannot be overlooked. The Guardian ad Litem should examine this document to ensure it was completed in its entirety and includes accurate information on the child at issue. If it is not accurate, is missing information, or is not included with the motion, the Guardian ad Litem should not render a position until the error is remedied.

When a child is prescribed two or more psychotropic medications, the Department must obtain an additional consultation through the MedConsult line at the University of Florida (UF) before obtaining a court order. A report will be generated, and it will include specific recommendations for each medication.

If any party objects to the Department’s motion to administer psychotropic medication, a hearing will be set. The 5339 will be admitted into evidence and the prescribing physician need not testify. The court may grant the request, order additional medical consultation through the MedConsult line, or require the Department to obtain a second opinion which must be completed within twenty-one (21) calendar days. While the motion is pending before the court, the child may begin taking the medication so long as the prescribing physician has authorized its “emergency use.”

After reading this, the thought of having to decide whether a child should take psychotropic medication may still seem daunting. After all, it is not your area of expertise! You are not a doctor; you are a lawyer! How can you meaningfully participate in something like this? The staff attorneys at the Guardian ad Litem Program are here to help! Keep this article handy and remember these quick takeaways: 1) If you feel a child may benefit from psychotropic medication, ask the assigned case manager to make a referral for a psychiatric evaluation. The same can be said if you feel a child’s current medication needs to be adjusted.

2) If you receive a motion for the administration of psychotropic medication, review the 5339 form, corresponding motion, and proposed order. Ensure the prescribed medication, dosage, and dosage range match what is reflected in the motion and order.

3) If the child is prescribed two or more medications, ensure the Department has completed a UF MedConsult and review the results of that consultation. You can also pick up the phone and complete a consultation yourself if you need some guidance before providing a position on a motion.

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Legal Aid SocietyWhat We Do...

The Rewards of Pro Bono Service to Veterans

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or the past few years, I have volunteered as a pro bono attorney on Legal Aid’s VALOR Project. The VALOR Project is a veteran’s legal clinic hosted on-site at the VA Hospital and is managed by Legal Aid staff attorney Jay Mobley. While Jay and I have heard the stories of many veterans who served in the United States Armed Forces, some stories stand out. This is the story of how I got to repRobyn L. Lesser, Esq. resent “Ginny,” a veteran of the United States Air Force and the Air Force Reserve, and how that experience was rewarding to me on many levels.

Before she retired from the Air Force, Ginny purchased a home in Orlando. Ginny always promised her father that she would take care of her sister, so when Ginny purchased her Orlando home in 1994, she asked to have her sister’s name on the deed and that they hold title to the home as joint tenants with rights of survivorship. That way, if Ginny Jamos K. Mobley, Esq. died, Ginny’s one-half interest would transfer to her sister and she would be taken care of. Likewise, if something were to happen to her sister, Ginny would be the sole owner of the home. Sadly, Ginny’s sister passed away last year. Shortly after that, Ginny discovered that the home was actually transferred to her and her sister as tenants in common. This meant her sister’s one-half interest in the home was now a probate asset in the sister’s estate with each of her sister’s children having a one-eighth interest in the home. Ginny contacted the VALOR Clinic for help with the probate administration of her sister’s estate. That’s how I met Ginny. As I helped her with the probate matter, I learned her extraordinary story.

Prior to joining the Air Force in 1953, Ginny graduated from a three-year nursing course at Missouri Baptist Hospital in St. Louis, Missouri. She began her nursing career as an operating room nurse and particularly loved scrubbing for neuro and heart surgeries and was eventually promoted to head nurse of the operating room. After a successful nursing career as a civilian, she joined the United States Air Force Nurse Corps six months short of her thirty-fifth birthday. It is evident when speaking with Ginny how much she loved serving in the Air Force Nurse Corps for 30 years.

Although Ginny was fearless and passionate in her service to her country, she never let her career compromise her values. Her superiors found this out in her first week of basic training when Ginny attended a cocktail party for new recruits. Upon arriving at the theBriefs May 2021 Vol. 89 No. 4

cocktail party, Ginny was told to pay for her drinks. Ginny politely explained that she did not drink alcoholic beverages and declined to pay. When confronted by an Air Force Major regarding not paying for the drinks, Ginny pointed her finger at the Major and informed him that she was not going to pay to learn to drink and smoke in a man’s army. Seeing the reaction on the Major’s face as he rolled his chair away from her, Ginny admitted she hedged a bit and stated she would pay – but only under protest!

Serving in the Air Force afforded Ginny many opportunities. Ginny flew all over Alaska on the C-124, a military cargo plane. The C-124 was not the safest plane and earned the nickname of “Old Shaky,” but Ginny was not deterred and flew with the navigators and pilots on any aircraft whenever she had the opportunity.

In fact, when returning from Hawaii on a KC-135 Stratotanker refueling aircraft, Ginny, a nurse, operated the refueling boom during a practice in-flight refueling. Ginny expertly maneuvered the controls until the boom made contact with the receiver plane.

While it took her a little longer than the trained boom operators, Ginny was successful in her first attempt. She traveled extensively throughout Europe and Asia. During one visit to Madrid, Spain, Ginny was asked to accompany a U.S. President around the city while he was on a five-day visit. The President’s staff felt that her medical training would greatly benefit the President should anything happen to him during his stay.

At 89 years young, Ginny is living her life to the fullest. And thanks to Legal Aid’s VALOR Clinic, and a little help from me, Ginny no longer has to worry about keeping her home. Even though her sister’s children were the beneficiaries of the sister’s estate and each child owned a one-eighth interest in the home, I was able to negotiate a resolution in the matter where the children signed their interests in the home over to Ginny. Today, with her home now secure, Ginny’s biggest complaint on living her life to the fullest is being told that she can no longer climb on a ladder.

Representing Ginny reminds me of why I love volunteering with veterans and how much I miss the in-person clinic. The clinic was a time to meet with clients, really listen to their legal issues and their stories, and hopefully make a difference in their lives. Legal Aid is still assisting veterans through the VALOR Project by conducting intake over the phone and assigning cases to pro bono attorneys. And sadly, the need for this assistance has never been greater. I would encourage my fellow attorneys to volunteer to take pro bono cases from Legal Aid, especially veteran cases, because the experience, like mine with Ginny, can be an enriching one. While the work continues virtually for now, I look forward to meeting my VALOR Project clients in-person in the not-too-distant future.

Robyn L. Lesser, Esq., of Law Office of Robyn L. Lesser, P.A., practices in the area of civil litigation, litigating trust and will contests. She volunteers with the Legal Aid VALOR Project and received the 2019 New Lawyer Award of Excellence from the Legal Aid Society of the OCBA. She has been a member of the OCBA since 2015.

Jamos K. Mobley, Esq., is the consumer/homeless/veterans advocacy staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

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Lisa Gong Guerrero, recipient of the 2021 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award The Hon. Lisa T. Munyon, recipient of the 2021 James G. Glazebrook Memorial Bar Service Award

Suzane E. Gilbert, recipient of the 2021 William Trickel, Jr. Professionalism Award

LaShawnda K. Jackson, Kate Hollis, Suzanne E. Gilbert, The Hon. Lisa T. Munyon, Dori Foster-Morales, Lisa Gong Guerrero

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Professionalism Awards Ceremony March 25, 2021 Virtual

Lisa Gong Guerrero, Suzanne E. Gilbert, The Hon. Lisa T. Munyon

LaShawnda K. Jackson, Dori Foster-Morales, President, The Florida Bar Behind the scenes Zoom and Facebook live streaming

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PhotoOps Justice Grosshans Portrait Ceremony

Justice Grosshans and LaShawnda Jackson

Justice Grosshans and Chief Judge Myers

Justice Grosshans and Joshua Grosshans

At the OCBA January 2021 virtual luncheon, Orange County Bar Association President LaShawnda Jackson presented Florida Supreme Court Justice Jamie Grosshans with her formal portrait. The painting now hangs in its permanent home on the 23rd floor of the Orange County Courthouse. It is tradition for the OCBA to commission a portrait for all Florida Supreme Court justices who originate from the Ninth Judicial Circuit.

OCBA Spring Break Backyard Bash March 13, 2021 The Acre Orlando OCBA members and their families enjoyed a fun outing at The Acre Orlando including food trucks, socially distanced yard games, and an outdoor showing of the original movie, “The Karate Kid.” Thank you to our sponsor Huseby!

Left to Right: Celeste Hankins, Ken Thomas, Brock Hankins, Jennifer Smith Thomas, LaShawnda Jackson

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GuestColumn

continued from page 11 U.S. Const. amend. VI. See Coy v. Iowa, 487 U.S. 1012, 1015-16 (1988).

3 Mattox v. United States, 156 U.S. 237, 242-43 (1895).

4 California v. Green, 399 U.S. 149, 158 (1970) (citation omitted).

5 Coy, 487 U.S. at 1016.

6 Maryland v. Craig, 497 U.S. 836, 846-47 (1990).

7 Coy, 487 U.S. at 1019 8 Craig, 497 U.S. at 850.

9 Id. at 846.

10 Id. 11 Id. at 851. See also Harrell v. State, 709 So. 2d 1364, 1368-69 (Fla. 1998) (holding that a satellite procedure used for witness testimony is not the equivalent of face-to-face confrontation, but can be approved as an exception to the Confrontation Clause, and in order to qualify as an exception, the procedure must (1) be justified, on a case-specific finding, based on important state interests, public policies, or necessities of the case and (2) must satisfy the other three elements of confrontation – oath, cross-examination, and observation of the witness’s demeanor); Cann v. State, 958 So. 2d 545, 547-48 (Fla. 4th DCA 2007) (applying the Craig test and holding that the trial court did not abuse its discretion in denying the defendant’s request to have the child victim testify in the presence of the jury and allowed the child to testify via closed circuit television, which still al1 2

lowed the jury to observe the child’s demeanor); Lewine v. State, 619 So. 2d 334 (Fla. 5th DCA 1993) (same).

12 Coy, 487 U.S. at 1014.

13 Craig, 497 U.S. at 845.

14 Id. 15 Craig, 497 U.S. at 847.

16 See United States v. Crittenden, 2020 WL 4917733, at *8 (M.D. Ga. Aug. 21, 2020) (holding that requiring face masks covering the mouth and nose of all persons in the courtroom at all times, including the witnesses and the jury, did not violate the Confrontation Clause for the following reasons: 1) the mask requirement was compelling and necessary to further an important public policy of ensuring the safety of everyone in the courtroom in the midst of a unique global pandemic; 2) the witnesses against the defendant would be physically present in the courtroom, they would testify under oath, and the defendant would be able to have these witnesses cross-examined in the open courtroom in front of the defendant and the jury, enabling them to observe the witnesses’ demeanor; and 3) the only thing standing in the way of the defendant and his accusers is a tiny piece of cloth covering only each witness’s nose and mouth, in no way prohibiting the defendant and witnesses from directly looking upon each other in person during the testimony while in the presence of the jury); U.S. de Jesus-Casteneda, 705 F.3d 1117, 1120-21 (9th Cir. 2013) (holding there was no Confrontation Clause violation when a confidential informant testified wearing a fake mustache and wig because the jury was able to hear his voice, see his entire face, including his eyes and facial reactions to questions, and observe his body

Health & WellnessCommittee continued from page 8

A favorite movie of mine that I think every lawyer needs to watch is The Devil’s Advocate. In the last scene, even after everything Keanu Reeves went through, Al Pacino grabs onto him again.

Everything comes back to the ego, especially for lawyers. It’s a constant process in letting go.

Kramer: You practice personal injury and criminal law. When counseling your clients, do you ever feel compelled to tell them to flip their pancakes?

Umansky: It’s a fine line. You have to be respectful of their circumstances and also understand that you are there to offer legal advice. When it is appropriate and the timing is right, sometimes I’ll ask: what’s the opportunity here? If they don’t know the answer, that’s ok. It’s ok not to know.

Kramer: What would be your suggestion for a lawyer reading this article who isn’t sure about how to start their journey into mindfulness?

Umansky: Try to look at this as an exercise in not competing.

language); Morales v. Artuz, 281 F.3d 55, 56, 60-61 (2d Cir. 2002) (finding that permitting a witness to testify while wearing dark sunglasses was not contrary to clearly established federal law because it “resulted in only a minimal impairment of the jurors’ opportunity to assess her credibility.”).

17 Craig, 497 U.S. at 847-48; see generally Crawford v.

Washington, 541 U.S. 36 (2004).

18 Harrell, 709 So. 2d at 1370.

19 See Spencer v. State, 238 So. 3d 708, 711-18 (Fla. 2018) (discussing importance of peremptory strikes in criminal proceedings); Dorsey v. State, 868 So. 2d 1192, 11951203 (Fla. 2003) (discussing importance of peremptory strikes and need for observance of demeanor by litigants, attorneys, and court when making and challenging such strikes); Chandler v. State, 442 So. 2d 171, (Fla. 1983) (Adkins, J., concurring in part and dissenting in part) (“It is impossible for an appellate court to examine the cold words in a record and make an independent judgment that a juror is impartial. The trial judge is in a position to observe the demeanor of the juror during the interrogation and, from his observations, can form an opinion as to the attitude of the juror.”); Hawthorne v. State, 399 So. 2d 1088, 1089 (Fla. 1st DCA 1981) (upholding trial court’s decision to overrule challenge for cause to potential juror due to trial court’s ability to observe demeanor of potential juror).

20 Crittenden, 2020 WL 4917733 at ,*8.

21 Id. 22

Id.

Challenge yourself just for the sake of challenging yourself. Just like you would prepare for trial, condition your mind so that the next time a negative situation arises you can flip it into an opportunity for good. It’s also about building community. It’s important to find friends to just meet up and walk with or swap books with.

It doesn’t always have to be about business. Lastly, be open to a new way of doing something. Try meditation. Try journaling. Just try something without looking for the prize at the end.

This interview has been edited and condensed.

Bill “The Lawman” Umansky practices personal injury law and runs a seven-figure criminal law practice. He’s the author of an Amazon Law Practice book called Tiger Tactics and co-host of a podcast, “The Lawman’s Lounge.” Bill believes everyone deserves a second chance. His passion is to drive his clients to a state of excellent physical and mental health while they are recovering from a serious personal injury. Be in charge of your life, not a victim!

Nicolette A. Kramer, Esq., is a sole practitioner. Her practice focuses on community association law. She has been a member of the OCBA since 2018.

Legal Aid SocietyWhat We Do... continued from page 15

The Rewards of Pro Bono Service to Veterans: For more information on the VALOR pro bono project, please contact Jay Mobley at jmobley@legalaidocba.org. For more information on becoming a financial donor to Legal Aid, please contact our Development Director, Donna Haynes at dhaynes@legalaidocba.org or by calling 407-515-1850.

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Partners in precision.

Like gem cutting, precision is necessary to try medical malpractice cases to their fullest potential. If you’ve discovered a precious stone but lack the tools to handle it with care, our medical malpractice specialists help you achieve its highest value.

Let’s work together to perfect your gem for the best outcome possible.

For co-counseling opportunities with our firm, call us at (877) 644-5122.

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Voluntary BarNews SideBar

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ith things slowly starting to get back to “normal,” our voluntary bar associations have been eager to get rolling again. While in-person events have yet to resume, it is close on the horizon. In the interim, here is a glance of what some of our voluntary bar associations have been doing to continue their virtual programing while we all eagerly get back to normal.

Alena V. Baker, Esq. The Central Florida Chapter of the American Board of Trial Advocates (CFLABOTA) The American Board of Trial Advocates (ABOTA) was founded in 1958 and has 96 local chapters throughout the United States.

It is a national association comprised of experienced trial lawyers and judges dedicated to the preservation and promotion of the Seventh Amendment’s right to a civil jury trial.

As a result of the efforts of members Tony Caggiano and Joe Amos, and the enormous help of Judge John Jordan, CFLABOTA has presented an annual Seventh Amendment Symposium at the downtown courthouse for a select group of high school students. The symposium was not held last year due to COVID but CFLABOTA is hopeful it can be resumed this year or a recorded version be presented.

Member, Judge James Edwards has been instrumental in developing and organizing ABOTA’s Civility Matters program. Many of CFLABOTA’s members participate as speakers in presenting this program to local law schools and bar groups.

CFLABOTA will continue to adapt meetings and programs to these COVID times while looking forward to when they can meet and host programs in person.

The Greater Orlando Asian American Bar Association

Then, GOAABA had a successful Coffee with the Court on February 17, 2021. What can GOAABA say, other than it was a “latte” of fun to see everyone before getting to the daily “grind.” It was a “brew-tiful” morning with Judge Bigney, Judge Blackwell, Top row l to r: Marybeth Judge Beamer, Judge O’ Kane, Judge DuBois, Judge Strowbridge, McDonald, Patricia and Judge LeBlanc. GOAABA even had the pleasure to meet law Doherty, Jim Powers, students from Stetson University College of Law, Barry University Dennis O’Connor School of Law and Florida A&M University College of Law. Middle row: Sam GOAABA then celebrated the Cacciatore, Joe Amos, Raul Alvarez, Ralph Martinez Lunar New Year on FebruBottom row: Scott Kirk, ary 25, 2021. GOAABA had Armando Payas a special meal prepared by Chef AJ from Meng’s Kitchen.

With the sponsorship from Congratulations to the 2021 CFLABOTA Officers and ComThan Law, P.A., they were able mittee members who are as follows: President: Patricia “Patti” to provide complimentary Doherty; President Elect: Raul Alvarez; Treasurer: James “Jim” member kits. Special perforPowers; Secretary: Sam Cacciatore; Immediate Past President: mance video provided by Wah Armando Payas; National Board Representatives: Scott Kirk, Lam Temple and guest speakRalph Martinez & Joe Amos; At Large Members of Executive ers Kim Gray, Jessica Hew and Committee: Council “Butch” Wooten & Dennis O’Connor; Shally Wong.

Executive Director (& CFLABOTA member): Marybeth McDonald.

GOAABA would like to send CFLABOTA held its first 2021 Executive Committee Meeting a special thank you to the Liz Foshee McCausland for sharing her (via Zoom) on January 27, 2021. New members invited and ap- story and discussing “Find your WHY” during the joint Orange proved by the National ABOTA in 2020 and 2021 are attorneys, County Bar Association Young Lawyer Section (OCBA YLS) and Michele Morales, Clay “Chip” Coward, Michael Damaso and Jo- GOAABA Luncheon on February 26, 2021. seph Menello.

GOAABA also had an awesome fireside chat with David Lat on Although CFLABOTA enjoyed welcoming these new members, March 10, 2021. He was so generous with his time and knowledge. it was with sadness that we lost ABOTA member David King. David Lat shared insight about his legal career, his decision to blog, David passed away on December 18, 2020. He embodied all the and even his firsthand experience with COVID 19. David is an attributes sought in an ABOTA member through his civility, pro- accomplished attorney turned writer, speaker, and recruiter and is fessionalism, intellect, dedication to the law and unreproachable founder of Above the Law and author of Supreme Ambitions. integrity. He was a charter member of CFLABOTA, a past presi- On March 16, 2021, GOAABA hosted Coffee with the Court. dent of our chapter (1993-94) and received the Trial Lawyer of the GOAABA members had a great time with Judges Calderon, FalYear award in 2017. He is greatly missed but will always be there cone, Arendas, Gibson, Jewett, Kraynick and Bigney. GOABBA in our hearts and memory as an ABOTA role model. extends a special thank you to sponsor, Kelvin Engkassan, the theBriefs May 2021 Vol. 89 No. 4 PAGE 22 www.orangecountybar.org

owner of Matcha Cafe Maiko Orlando for demonstrating how to make GOAABA / AAPI matcha tea for their guests.

On a more serious note, on March 23, 2021, GOAABA made a joint statement with the Asian American Pacific Islander (AAPI) leaders of Orlando against anti-Asian hate. Additionally, GOAABA members Onchantho Am and Leia Leitner spoke out against violence against Asians. Now more than ever is the time to come together. Together we are all stronger.

First row: James Paul Chan, Valarie Boey, Shirley Xiao-Ling Wang. Middle row: Onchantho Am, Shally Wong, Khaled Itani.

Bottom row: Newlyn Wing

continued page 24

GOAABA Coffee with the Court Top row – Shante Pressley, Onchantho Am, Judge Bob LeBlanc, Scott Leitner, Cameron Kubly Second row – Gina Garcia, Priscilla SandovalGonzalez, Kierslym Jennings, Kate Nguyen, Judge Alice Blackwell Third row – Judge John Beamer, Ani Rodirguez-Newburn, Greg Maaswinkel, Judge Julie O’Kane, Maya Trevathan Bottom row – Judge Patricia Strowbridge, Edward Gruchacz, Judge Jeanette Bigney, Vanessa Braga, Sarah Taitt Bottom row – Judge Eric DuBois, Josh Andone

Top row – Stephanie Alcalde, Leia Leitner, Greg Maaswinkel Bottom row – Judge Gibson, Judge Jewett

GOAABA / YLS

Top row – Onchantho Am, Cathleen Winter, Liz McCausland, Briana Whalin, Judge Egan Second row – Judge LeBlanc, Dave Hemingway, Lauren Reynolds, Woody Rodriguez, Judge Leach Third row – Brandon Sapp, Mark Elliott, Gabrielle Sanandajian, Alan Apte, Judge Chiu Fourth row – Stephanie Sadi, Michael Andriano, Brian Lawrence, Laura Shaffer, Stephanie Alcalde Bottom row – Annie Kwong, Jimmy Singh, Leia Leitner, Jill Davis, Cooper Powell

Liz McCausland, Cathleen Winter, Onchantho Am, Brandon Sapp, Stephanie Sadi

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Voluntary BarNews continued from page 23

The Central Florida Association for Women Lawyers This spring, the Central Florida Association of Women Lawyers (CFAWL) has continued to support women lawyers through their programming and by recognizing the achievements of their members. In celebration of March being Women’s History Month, CFAWL hosted a Women’s Day Breakfast focused on the courthouse. For this event, CFAWL partnered with the Salty Donut to give attendees a sweet treat to start the day. Members heard from the Orlando Day Nursery about A Place for Children, the free daycare within the Orange County Courthouse, and celebrated the judges who had retired over the past year. The Honorable John Marshall Kest also shared a few stories with about his experiences on the bench.

Also in March, CFAWL hosted a luncheon featuring Marni Stahlman, President and Executive Director of the Mental Health Association of Central Florida (MHACF). Marni discussed legislative updates and the MHACF’s assistance programs, including the Guardian Advocate Program, as well as programs that might be useful to CFAWL members. After the lunch, members were able to use funds raised to celebrate Black History Month by donating items to the Victim Service Center.

CFAWL made an extra effort to highlight the professional accomplishments of their members throughout the month of March in a series of “member spotlights” on social media. They also participated in the Florida Association of Women Lawyers (FAWL)

call to showcase member achievements, by sharing posts on social media with the tag #FAWLSeesHer. Finally, in March, CFAWL participated in FAWL Lobby Days. FAWL filed its first piece of legislation this year (SB 196/HB887) which would require all courthouses in the state to provide a dedicated, private, lactation space for attorneys and women of the public to use. During Lobby Days, CFAWL met virtually with 10 area legislators or their staff to explain the bill. The virtual Lobby Days experience also included exciting presentations and panel discussions about the legislation, a behind the scenes look at the legislative process, a panel discussion on women leaders, and a virtual tour of the Florida Supreme Court.

In the month of April, just on the heels of Women’s history month, CFAWL’s monthly luncheon featured award-winning author and distinguished professor Robert P. Watson. Professor Watson discussed the historical importance of US Presidential First Ladies, and other powerful female figures. CFAWL continued its “Member Spotlights” to promote its members, and it participated in the annual OCBA Law Day 5k to benefit the Legal Aid Society.

Finally, CFAWL promoted Denim Day on April 28, 2021, the day millions of people across the world wear jeans with a purpose to support survivors, and to educate themselves and others about all forms of sexual violence.

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

Joann Burnett

Liz Franqui

Judge John Marshall Kest PAGE 24

Sharlene Stanford and Mary J. Walter www.orangecountybar.org

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Young Lawyers SectionNews YLS on the Move May we have a moment of your time? *ba dum tss!*

I

t is that time of year that YLS begins to transition into a new leadership year. We want to thank Brandon Sapp for his tenure as President during the time of COVID-19. It was an incredibly challenging term with so many uncertainties. Brandon and the rest of the board really came together to make sure YLS remained a top contributor Kimberlee A. Martin, Esq. to our community and ensured our members stayed connected. It is not surprising that Brandon earned a spot on the OCBA Executive Council and we wish him best as he starts his new term!

Brandon and his YLS team made sure to close out the 2020-2021 year with a bang! In honor of Women’s History Month, we hosted FAWL President Kimberly Hosley for our March 26 luncheon. She presented on “Women in the Profession: History, Challenges, Strategies to Kimberly Hosley Persevere, and How Men Can Join the Fight.” For our April 16 luncheon, we hosted Julie Walbroel to learn “Tips and Strategies for a Successful Mediation.” We also hosted a CLE on April 15 that gave members a “Primer on Civil Julie Walbroel Rights.” We also had a team running in the

7th Annual OCBA 5K on April 24 at Harbor Park to raise funds for our beloved Legal Aid Society of Orange County and OCBA Foundation.

On May 22, the new OCBA and YLS leadership will be installed during the Gala at Rosen Shingle Creek. On that night the YLS Board will welcome Michael Barber as our President for the 2021-2022 term! Michael has a lot of exciting plans for this upcoming year and we are excited to get back to hanging out in person. Michael has installed a stellar Executive Board with Stephanie Alcalde as President-Elect, Brian Lawrence as Treasurer, Kimberlee Martin as Secretary, and Linnea Eberhart as Communication Coordinator. Brandon Sapp also remains with us as the Immediate Past President. YLS also has an amazing Board of Directors – Kathleen Shea, Vaughn Glinton, Lauren Reynolds, Jacob Schumer, Kristen Trucco, Celia Thacker Dorn, Heather Meglino, and Arti Hirani. If you are interested in serving on committees, make sure to email Michael at mbarber@ devotedtojustice.com or call him at 407-890-8000. You can also reach out to any of the above board members to express an interest.

Happening this month is the 2021 Book Fair. If you like to Dive Into a Good Book (this year’s theme) then come volunteer with us as we fundraise and gather books to host TWO book drives this year - one for the students at Washington Shores Elementary and another for the students at Orange Center Elementary. Thank you to those who have already sponsored and donated!

As always, make sure to keep up to date on the latest and greatest from YLS by finding us on Facebook, Twitter, and Instagram. Our handle is @ocbayls. And make sure to use #ocbayls, #wedomore, and #YLSistheKEYtoyoursuccess when posting about events so we can share in the fun with all of you!

Kimberlee A. Martin, Esq., of Cohen Law Group, handles civil litigation matters, primarily in the area of plaintiff’s first property claims. She has been a member of the OCBA since 2013 and YLS Board Member since 2019.

New Lawyer Training Program October 1 - 2, 2021

This two-day program gives the vital information you need to be a successful legal practitioner.

For more information or to register visit https://bitl.ly/OCBANLTP

Legal Aid SocietyTeaching Tips continued from page 14

4) Ensure that any other recommendations made by the prescribing physician or the UF MedConsult line are implemented. These may include blood work, an EKG, individual therapy, etc.

5) If the child has a change in medication, the medication is increased from the previously ordered dosage range, or there’s been a change in prescribing physician, a new court order and 5339 will need to be obtained, absent a parent’s consent.

6) Talk to the child and the child’s caregiver. Does the child take the medication regularly? Does the child agree to take the medication? If not, the child may require the appointment of a Special Needs Attorney under section 39.01305, Florida Statutes. Make sure this gets ordered!

7) If you do not agree with the course of treatment and/or prescribed medication, it is your right, as the child’s Guardian ad Litem, to object. The motion will be set for a hearing.

8) Lastly, do not be intimidated! We are here to help!

For more information, please contact Marie Priebe, Guardian ad Litem Staff Attorney, at (407) 841-8310 or email: mpriebe@legalaidocba.org.

For more information on how to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development, at (407) 515-1850 or email: dhaynes@ legalaidocba.org.

Marie Priebe, Esq., is a Guardian ad Litem staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2015.

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Home of The Bridge: A Program Designed for Students with Dyslexia PAGE 26

www.orangecountybar.org

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ParalegalPost Interview Tips

A Cori Maldonado, ACP, FRP

successful job search has many elements but the most important one is having precise interview skills – after all, there are no second chances to make a great first impression.

In order to make the best impression at an interview, you will need to be prepared and show that you are the best candidate for the position by demonstrating you have the qualifications, experience, skill set and are overall a likable person that will fit

well within the organization.

Prior to the interview, you should research the company, practice answering common interview questions and create a list of questions to ask the interviewer. You should match your experience to the list of requirements within the job description and familiarize yourself with the best answers to questions related to your experience. If the interview will be conducted virtually, make sure your home computer has the ability to use that program so that you do not encounter any technical issues once the interview has begun.

In addition, you should go prepared by having extra copies of your resume and list of references to provide the interviewer(s). Be sure to notify the people on your reference list that you are attending an interview so that they are aware of any calls or emails they may receive. On the day of the interview, it is important to arrive 10-15 minutes early, dress professionally, turn off your cell phone and walk into the interview with a smile and confidence. Once the interview is over, do not forget to send a thank you note or email.

To get more tips on the interviewing process, I reached out to two local law firm administrators to get their feedback on the process and what they look for in candidates. Please see the advice they provided below: Administrator (1) What are the best three (3) attributes of a paralegal?

Research and writing skills; good communication skills; works well independently.

What are some tips for interviewing and things to try to avoid?

Do not be late; dress appropriately; know the company you are interviewing with (do your research before the interview); avoid mumbling/unclear answers; DO NOT speak negatively about your current employer.

How have hiring practices changed over the past 5 years?

A lot! COVID-19 has changed hiring practices significantly when it comes to remote work versus in-office work. It is difficult to

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monitor and measure activities of the 100% remote worker unless you have reporting practices in place such as billable hours expectations versus working on a project as a whole; regular check-ins, both electronically and by Zoom or Microsoft Teams meetings.

Workers can be easily distracted when their remote workspace is occupied by household family members, and if the employee does not have strong work ethics and the ability to separate their home life from the work space in the home.

What is one piece of advice would you give to a paralegal going to an interview?

Turn your cell phone or mobile devices off during a live interview!

If attending a virtual interview, make sure you give your undivided attention to the Interviewer and your space is void of any distractions, interruptions and background noise.

Administrator (2) What are the best three (3) attributes of a paralegal?

Detail-oriented; Organized; Teamwork Describe useful tips for interviewing via video: When appearing for an interview via video, be aware of what surroundings appear in your video (i.e., it should not be in a public location and should not have distractions in the background). It’s also important to test your audio and video equipment the day of the interview, even if you use them on a regular basis. Also, dress for video interviews as if they are being done in person.

How have hiring practices changed over the past 5 years?

I rely on prior work references more now than I previously did.

That feedback can either make or break a job offering, no matter how well the interview went.

What is one piece of advice would you give to a paralegal going to an interview?

Be honest about your work experience and skills and ask questions about the position so you have a clear understanding of the job expectations to ensure it’s a good fit for you, as well as for the company.

As shown above, law firms may differ slightly as to the top attributes that are important to their firm but have similar views on dressing professionally and how to appear on video interviews.

Just remember: be honest and have confidence and, the right job will work out.

Cori Maldonado, ACP, FRP, has been a member of the OCBA since 2018.

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OCBA MemberNews Hearsay A lawyer is a person who writes a 10,000-word document and calls it a “brief.”

– Franz Kafka

“Y

ou’re a lawyer? Have you heard the one…” I cannot tell you how many times I’ve heard this phrase since becoming a lawyer! Going to law school seemed to open the floodgates of lawyer jokes from friends Linnea M. Eberhart, Esq. and family alike and in the years since I’ve heard many, some funny and others not so much. Despite my initial objections I’ve actually grown somewhat fond of them. In fact, I follow several lawyer meme accounts on social media that are downright hilarious. What can I say, I have both a dark sense of humor and an appreciation for dad jokes. And although the jokes can sometimes be a little too mean spirited, I think we can all benefit from laughing at ourselves and the craziness that comes with being a lawyer every once in a while.

That being said, here’s the latest from our OCBA members who prove that being a lawyer is no joke!

Honors and Awards The Honorable Faye L. Allen was named co-chair of Florida A&M University (FAMU) College of Law’s Dean’s Advisory Council.

Onchantho Am, Esq., chief legal officer at Impower Inc., was recognized by the Orlando Business Journal’s 2021 40 Under 40 Awards.

Ava K. Doppelt, Esq., shareholder with Allen, Dyer, Doppelt & Gilchrist, P.A., was named chair of Florida A&M University (FAMU) College of Law’s Dean’s Advisory Council.

Fay Olgas Pappas, Esq., of Bailey Fisher PLLC, received the 2021 Florida Bar Young Lawyers Division Pro Bono Service Award for her efforts to provide healthcare workers with temporary accommodations to quarantine in response to COVID-19.

Daniel Velasquez, Esq., of Latham Luna Eden & Beaudine LLP, was recognized by the Orlando Business Journal’s 2021 40 Under 40 Awards.

Laura Walda, Esq., of Lowndes, was recognized by the Orlando Business Journal’s 2021 40 Under 40 Awards.

On the Move Jamie Billotte Moses, Esq., was elected to partnership at Holland & Knight where she focuses her practice primarily on state and federal appeals.

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Jessica C. Conner, Esq., has joined Walker, Revels, Greninger & Netcher, PLLC as a partner.

John T. Conner, Esq., has joined Walker, Revels, Greninger & Netcher, PLLC as a partner.

Kristen L. Magana, Esq., has joined Walker, Revels, Greninger & Netcher, PLLC as a partner.

Tessa Mears, Esq., has joined Walker, Revels, Greninger & Netcher, PLLC as an associate.

Claire Sundstrom, Esq., has joined Walker, Revels, Greninger & Netcher, PLLC as an associate.

In Memoriam John F. Lowndes, Esq., passed away on February 12, 2021. Mr. Lowndes was a proud Duke alum, a Marine Corps veteran, and one of the founding shareholders of the eponymous Lowndes law firm. Moreover, he was a tireless advocate and supporter of the community and the arts in Central Florida including through his support and service with the John and Rita Lowndes Shakespeare Center, Orlando Museum of Art, Winter Park Memorial Hospital (now AdventHealth Winter Park), Winter Park Health Foundation, Friends of the Mennello Museum, UCF College of Business Administration, and UCF Foundation. He is survived by his wife, five children, ten grandchildren, brother, sister-in-law, brother-inlaw, and many nieces and nephews. Our condolences both to his family and to the community he served so faithfully for so many years.

Gordon “Stumpy” Harris, Esq., passed away on April 1, 2021.

After graduation, he joined the predecessor firm of Holland & Knight in Bartow beginning his 65-year legal career. In 1970, Stumpy became a founding partner of the Orlando law firm Gray, Harris & Robinson, now GrayRobinson, where he developed a statewide reputation as an eminent domain attorney. In 2003, he was a founding partner of Harris Harris Bauerle Ziegler Lopez, where he continued to work until his death. Our deepest condolences to the Harris family.

It’s been my pleasure to cover the Hearsay column for the past three years and get to know more about all the amazing things our members have accomplished, but the time has come for me to pass the reins over to my colleague Michael Andriano! As always, we love to hear from you so please make sure to send your news, updates, and announcements to Michael at andrianom@flcourts. org, so I can continue reading about how you all make the OCBA the best bar association around!

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she practices intellectual property law. She has been a member of the OCBA since 2015.

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CLASSIFIED ADS EMPLOYMENT

AV RATED SMALL INSURANCE DEFENSE FIRM. seeks 2-6 year attorney with civil litigation experience, trial experience is a strong plus. Strong research and writing skills are required. Salary commensurate with experience.

Excellent benefits package available. Submit resume to ofcmngr98@gmail.com.

CIVIL LITIGATION ATTORNEY: Fassett, Anthony & Taylor, P.A. has an immediate opening for an attorney with 3-5+ years of litigation experience. Ideal candidate will be able to handle a variety of civil litigation matters from inception through trial. Excellent writing and communications skills necessary. Salary and bonus potential based on experience. Email resume to kcrumbaker@fassettlaw.com.

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fastpaced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.com.

ATTORNEY (REMOTE): de BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS, NEAL LLP D/B/A DSK LAW ESTABLISHED IN 1976 is one of the largest law firms in Central Florida with the office in Orlando, Tampa, Melbourne and Tallahassee and growing. We have an immediate opening for an PAGE 30

experienced attorney to service Legal Service Plans administered in its Orlando Office. The qualifications are that you must have 5+ years of experience in civil or criminal matters, transactional, document experience and being bilingual a plus.

Exceptional customer service skills required for primarily telephone consultations, detail-oriented with planning and organizational skills and ability to work independently.

We offer a very competitive salary and benefit package and a positive workplace culture.

Send your resume today! We are a smoke-free workplace. jellis@dsklawgroup.com.

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load.

Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@ go belflakes.com.

HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense.

Ideal candidate will be able to assist in handling cases from inception through to trial.

Excellent salary and benefits package. Pls email resume to jean@hrkmlaw.com.

INSURANCE DEFENSE FIRM handling first party property/liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance

defense experience preferred.

Email/Fax/Mail resume to: Office Manager jmccallister@ rocklawpa.com, (407) 6479966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

SENIOR ASSOCIATE ATTORNEY WITH FAST TRACK TO PARTNERSHIP – Established DeLand law firm seeks Senior Associate with substantial knowledge of probate and guardianship matters, wills, trusts, and estate plan-ning, elder law, real property transactions business and commercial law, civil litigation, and mediation. Please email your application, resume, and writing samples to email@ delandattorney.com.

SMALL, ACTIVE ORLANDO TRIAL FIRM seeks ambitious, self-motivated attorneys with litigation experience.

Superior research and writing skills required. Reply: lawfirmreplies@aol.com.

THE MARTINDALE LAW GROUP seeks an attorney with 3+ years of experience in first party insurance litigation. Candidates must have strong organizational and time management skills.

Excellent oral and written communication skills. We offer benefits including 401K. Salary based on experience.

Please email resume to Rick@ martindalePA.com.

OFFICE SPACE

DOWNTOWN ORLANDO – 228 HILLCREST STREET – office space perfect for solo attorney and staff. Three offices, reception area, shared use of a conference room. $1,600 per month, utilities included. Fantastic location, a short walk to the courthouse.

Call Claudia 407-841-7699.

www.orangecountybar.org

DOWNTOWN WINTER PARK – 163 E Morse Blvd.

Shared space perfect for a solo attorney and secretary – Two offices, shared use of conference room and kitchen. $1,600 per month, utilities and high-speed internet included. Fantastic location, steps from Park Avenue. Scott McMillen 407-843-0126 or scott@mcmillenlawfirm. com.

DOWNTOWN WINTER PARK – 157 E. New England, suite 368. Private entrance, signage and windows. 2 large and 1 small office w fridge and sink, as well as conference room accessibility. Potential referral source. $1,500 mo. – contact Don Mckeever 407 760-5330 FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of parking. 515 N. Ferncreek Jim Sears 407-2221554 jsearslaw@gmail.com.

LAKE EOLA OFFICE SPACE FOR RENT. Includes bilingual receptionist, gym, free parking for clients, WIFI, conference room, maintenance, secretarial space, for $1,500 a month. For more info please call 407-792-1285 or jleon@ flusalaw.com.

LAW OFFICE RENTAL: 1643 Hillcrest Street, Two Miles from Courthouse, 1920’s Bungalow, Two Offices, Small Furnished Conference Room, Kitchen, Two Bathrooms, Oversized Reception. Approximately 1100 sq. ft. Call (321) 352-2016, sgmasonlaw@ gmail.com.

LAW OFFICE(s) / OFFICE BUILDING: Lk Highland Prep area.

Completely Renovated/Updated Old theBriefs May 2021 Vol. 89 No. 4

House (Circa 1926), HARDWOOD FLOORS/NEW WIRING, ETC. – Up to 6 offices available. Rent reduced.

Parking included. (407)4731545.

OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 6449801 or email brucew@ mdwpa.com.

OFFICE SPACE FOR LEASE IN DOWNTOWN ORLANDO. 1515 E. Livingston St. Onsite Free Parking. Three offices with Kitchen, Restroom and Reception. Approx. 1000 sq. ft. Contact Jessica Travis at 407-233-3210 for more information.

SINGLE OFFICE SPACE IN DOWNTOWN ORLANDO: Hovey Court, $550/ month includes parking,

conference room, and kitchen. Call 407.228.9522 or email andrea@maguireeminentdomain.com.

OFFICE SUITES FOR LEASE. – 401 W Fairbanks Ave, Winter Park. Includes Reception & tele, internet, WiFi, copier/scanner/fax, onsite parking, two conference rooms, and all the amenities for a turnkey office. #1unfurnished executive office $1,000 per month. #2 unfurnished executive office and secretarial suite $1,500 per month. Call Chris 407 579 1424 or email cmorrison@winterparklegal.com.

PROFESSIONAL OFFICE SPACE FOR RENT. Kitchen.

Ample Parking. Two conference rooms. Email Kristin at Kstaley@ crewsandpesquera.com.

SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact Kristy@ kellyjuris.com.

Grow your practice and serve the community!

Join the OCBA Lawyer Referral and Information Service or Modest Means Program.

The LRIS referred 5,546 clients and generated more than $1.5 million in attorneys’ fees last year.

Visit https://www.orangecountybar.org/ for-attorneys/join-lawyer-referral-service/ to apply or contact candiced@ocbanet.org.

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Congratulations to Members of the OCBA’s 100% Club Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 245.

20 or More Members

Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Marcus & Myers, P.A. 10-19 Members McMichen, Cinami & Demps PLLC Colling Gilbert Wright & Carter, LLC McMillen Law Firm, P.A. Fisher Rushmer McShane & McShane Law Firm, P.A. Legal Aid Society of the Orange County Bar Meenakshi A. Hirani, P.A. Association, Inc. Men’s Divorce Law Firm Marshall, Dennehey, Warner, Coleman & Goggin Morgan, White-Davis & Martinez, P.A. McDonald Toole Wiggins, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. 2-9 Members Anderson & Ferrin, Attorneys at Law, P.A. N. Diane Holmes, P.A. Artemis Family Law Group, PLLC O’Mara Law Group Arwani Law Firm Page & Eichenblatt, P.A. Aust Law Firm Perez LaSure, LLC Barrister Law Firm, P.A. Rebecca L. Palmer Law Group Barry Miller Law Sawyer & Sawyer, P.A. Beshara, P.A. Schwam-Wilcox & Associates Carr Law Firm, P.A. SeifertMiller, LLC Compass Law Shannin Law Firm, P.A. Cullen & Hemphill, P.A. Stovash, Case & Tingley Davey Law Group, P.A. Tangel-Rodriguez & Associates DeCiccio & Johnson The Aikin Family Law Group Dellecker Wilson King McKenna Ruffier & Sos, LLP The Arnold Law Group Divine & Estes, P.A. The Brennan Law Firm Fassett, Anthony & Taylor, P.A. The Elder Law Center of Kirson & Fuller Flammia Elder Law Firm The Fighter Law Firm, P.A. Forward Law Firm P.A. The Law Office of Michael L. Dear, PLLC Gans Law, P.A. The Llabona Law Group Gasdick Stanton Early, P.A. The Marks Law Firm, P.A. Giles & Robinson, P.A. The Skambis Law Firm GoodBlatt – Leo Warner & Warner, P.L. Green Family Law, P.A. West Family Law Group Hale, Hale & Jacobson, P.A. Wieland, Hilado & DeLattre, P.A. Harris Harris Bauerle Ziegler Lopez Wilson McCoy, P.A. Hilyard, Bogan & Palmer, P.A. Wooten Kimbrough, P.A. Hornsby Law Yergey & Yergey, P.A. Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

www.orangecountybar.org

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O C B A MAYC -aJUNEl e n d a r MAY

4

Construction & Business Law Committee

Major Arbitration in 2021 9:00 a.m. – 1:00 p.m.

Virtual

Professionalism Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

LAS Lunchtime Training Initiating Paternity Actions Prerecorded • LAS website

5 Member Perks

Sponsored by: Seacoast

Civil Rights Law Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

Social Security & Elder Law Committee Major CLE

The ABCD’s of Medicare

12:00 p.m. – 2:30 p.m.

Virtual

Young Lawyers Section Board Meeting 5:30 p.m.

Virtual

1 Training 8 LAS Lunchtime

GAL “Medicating Their Trauma: Let’s Talk About Psychotropic Medication” Prerecorded • LAS website

OCBA Gala and Installation Ceremony May 22, 2021

7:00 p.m.

Rosen Shingle Creek | see details on page 5

JUNE

1

LAS Lunchtime Training

Helping Clients to the Next Chapter –The Basics of Ch. 7 and 13 Bankruptcies Prerecorded • LAS website

2

Business Law CLE

Crypto Currency: How Can You Use it in Your Business Cases?

12:00 p.m. – 1:00 p.m.

Virtual

8

Estate, Guardianship & Trust Committee Meeting 12:00 p.m.

ShuffieldLowman

9

Speaker: Former Chief Lawyers Literary Judge Frederick J. Lauten Society Appellate Law 8:00 a.m. – 9:00 a.m.

12:00 p.m. – 1:00 p.m.

Committee Meeting Virtual Book: Educated, 12:00 p.m. – 1:00 p.m.

Tara Westover Estate, Guardianship Lowndes Law Virtual & Trust Committee Young Lawyers Section Meeting Criminal Law Luncheon 12:00 p.m.

Committee Meeting 11:30 a.m. – 1:00 p.m.

ShuffieldLowman 12:00 p.m. – 1:00 p.m.

Citrus Club (TBD) Virtual Lawyers Literary OCBA Gala and

Civil Rights Law Society 12:00 p.m. – 1:00 p.m. Installation Ceremony Committee Meeting

7:00 p.m.

12:00 p.m. – 1:00 p.m.

Book: City of Thieves, Rosen Shingle Creek Virtual

David Benioff Virtual LAS Lunchtime

Young Lawyers Section Training GAL Board Meeting Judicial Relations

Education Advocacy 5:30 p.m.

Committee Meeting OCBA Center (TBD) 12:00 p.m. – 1:00 p.m. for Dependent Children Prerecorded • LAS Virtual website Criminal Law Health & Wellness Committee Meeting 12:00 p.m. – 1:00 p.m. Committee Meeting 12:00 p.m.

Virtual Virtual

19

11

21

12

22

13

26

10

1 Training 5 LAS Lunchtime

GAL “Dynamic Defense: Advocating for Youth with Developmental Disabilities” Prerecorded • LAS website

Appellate Law 16 Committee Meeting

12:00 p.m. – 1:00 p.m.

Lowndes Law

Health & Wellness 23 Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

Please note that live OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.

Office Closed 3 1 OCBA Memorial Day

PAGE 32

www.orangecountybar.org

theBriefs May 2021 Vol. 89 No. 4

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The Orange County Bar Association would like to thank the following sponsors of the Law Day 5K: GOLD

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